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CONSOLIDATED AMENDMENT "A": CONSTITUTIONAL OFFICERS

Amendments 445, 582 and 880 are moved from the subject of constitutional officers to the subject of economic development.

Amendment 466 is moved from the subject of constitutional officers to the subject of education.

Mr. Rogers of Norwood and others move to consolidate the following amendments: 161, 166, 195, 222, 228, 235, 326, 335, 348, 356, 375, 380, 417, 480, 507, 522, 597, 610, 672, 809, 815, 1087, 1095 and hereby move to amend House 4600 in section 2 in item 0540-0900, by striking out the figures “$744,292” and inserting in place thereof the figures: - $793,576

And move further to amend the bill in section 2 in item 0540-1000, by striking out the figures “$2,188,103” and inserting in place thereof the figures: - $2,290,778

And move further to amend the bill in section 2 in item 0540-1700, by striking out the figures “$450,614” and inserting in place thereof: - $470,614

And move further to amend the bill in section 2 in item 0810-0000, in line 5 by inserting after “laws” the following:—

provided further, that not more than $250,000 shall be expended for the funds appropriated in this item for a safe neighborhood initiative pilot program in the Bowdoin / Geneva area of Dorchester; provided further, that not less than $100,000 shall be expended for the Ella J. Baker house and the Tieng Xanh-Voice Program;

and moves to further amend said item 0810-0000 by striking the figure “$20,851,774” and inserting in place thereof the following: - $20,951,774

And move further to amend the bill in section 2 in item 0810-0045, by striking out the figures “$2,853,257” and inserting in place thereof the figures: - $3,043,422

And moves to amend the bill in section 2 in item 0640-0000 by striking the figure “ $67,022,388” and inserting in place thereof the following figure: - $67,072,388

And moves to amend the bill in section 2 in item 0610-0050 in line 7, by inserting after "beverages" the following: provided further, that not less then $60,000 be provided for an additional investigator for Western Massachusetts region; and by striking out the figures “$1,766,478” and inserting in place thereof the figures: - $1,826,478

CONSOLIDATED AMENDMENT "B" - PUBLIC SAFETY

Amendments 76 moved from the subject of Public Safety to the subject of Economic Development.

Amendment 447 moved from the subject of Public Safety to the subject of Legislation, Non-Budgetary.

PUBLIC SAFETY CONSOLIDATED AMENDMENT

Mr. Rogers and other members of the House move to consolidate amendments: 22, 37, 91, 119, 120, 121, 122, 135, 187, 239, 256, 283, 289, 316, 324, 330, 336, 337, 342, 389, 392, 409, 423, 424, 453, 458, 515, 516, 517, 518, 540, 550, 555, 558, 567, 587, 594, 626, 631, 634, 703, 718, 719, 732, 761, 764, 788, 799, 810, 811, 853, 861, 862, 863, 864, 876, 882, 883, 897, 907, 926, 927, 928, 929, 944, 950, 959, 993, 994, 995, 998, 1037, 1067, 1070, 1071, 1078, 1079, 1080, 1119, 1171, 1210, 1218, and 1219 and hereby move to amend H.4600 in section 2, in item 0340-0410 by striking the figures “$300,000” and inserting in place thereof the figures: — “$450,000”

and move to further amend the bill, in section 2, in item 0340-1000 by inserting the following:- “and provided further, that not more than $20,000 shall be expended for the Cape and Islands child advocacy center.”

and move to further amend the bill, in section 2, in item 8000-0000, in line 6, after the word “program” the following: — “; provided further, that not less than $100,000 shall be expended for the citizens correctional review board; and provided further, that 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”

and move further to amend the bill in section 2 by inserting after item 8000-0180 the following item:—

8000-0190 For a retained revenue account for the For a retained revenue account for the criminal history systems board; provided, that said board may expend not more than $185,000 from fees collected for criminal offender record information requests; and provided further, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system $185,000

and move further to amend the bill in section in item 8000-8085 by inserting in line 2 after the word “costs” the following: — “;provided further, that funds appropriated herein may be expended for the upgrade and maintenance of communications and other equipment for harbormasters serving as first responders; provided further, that not less than $50,0000 shall be expended for a commission to be known as the State Resilience Development and Anti-Terrorism Commission which shall be comprised of 5 members who shall be appointed by the Inspector General. The commission shall be responsible for researching, developing, and coordinating resilience-building programs and protocols, including, but not limited to, risk communication protocols, community strategies to maximize public adherence to disaster contingency plans, training for teachers and school personnel to guide students through disasters and tools for first responders to maximize their effectiveness during and after a crisis. The commission shall approve and audit all state, local and regional programs and insure that all state, local and federal funding and grants are appropriately expended. The commission shall analyze state and local preparedness for terrorism to ensure that the state public health infrastructure is prepared to adequately respond to the psychological consequences across a continuum of possible terrorism events. The commission shall ensure that state and local disaster planners address psychological consequences in their planning and preparedness and in their response to pre-event, event and post-event phases of terrorist attacks. Due consideration shall be given to needs associated with different types of terrorism events and to needs for various segments of the population. Due consideration shall also be given to providing adequate state and local prioritization and funding of resources and support for psychological preparedness and response. The commission shall develop strategies for encouraging state public health and mental health agencies to closely collaborate in the development of integrated, science-based programs and protocols designed to increase psychological resilience and mitigate distress reactions and maladaptive behaviors to a conventional, biological, chemical or radiological attack in the Commonwealth. The commission may hire staff, contract and enter into agreements for the operation of the commission. The commission may seek grants and other funding sources for the operation of the commission”

and move further to amend the bill in section 2 in item 8315-1000 by striking the figures “$3,758,175” and inserting in place thereof the following figures:— “$4,252,175”

and move further to amend the bill in section 2 in item 8400-0001, in line 13, by striking the words "that the registry may run a license express office in the city of Lynn" and inserting in place thereof the following words:— "that not less than $110,000 shall be expended to operate a license express office in the city of Lynn"

and move further to amend the bill, in section 2, in item 8900-0001 by inserting at the end thereof the following:— “provided further, that the department shall submit a report not later than March 15, 2005 to the house and senate committees on ways and means on the cost of providing healthcare for inmates; provided further, that the participants in this study shall include, but not be limited to, the department of correction, Boston Medical Center, Shattuck Hospital, Tufts Medical Plan, Harvard Pilgrim Health and Blue Cross and Blue Shield; provided further, that not less than $75,000 shall be expended for the 5-A program in the Springfield; and provided further, that funds shall be expended on the Neil Houston House"

and move further to amend the bill in section 2 in item 8910-0000, in line 11, by striking the following words: “that not less than $1,450,000 shall be provided to the sheriff department of Barnstable county to fund the operational expenses associated with the opening of a new correctional facility in fiscal year 2004” and inserting in place thereof the following words:— “that not less than $4,900,000 shall be provided to the sheriff department of Barnstable county to fund the operational expenses associated with the opening of a new correctional facility in fiscal year 2005”

And moves to further amend the bill in section 2, in item 8910-0102 by striking the figures “$53,146,689” and inserting in place thereof the following figures:— “$53,246,689”

And moves to further amend the bill in section 2, in item 8910-0110 by striking the figures “$10,180,467” and inserting in place thereof the following figures:— “$10,430,689”

And moves to further amend the bill in section 2 by striking item 8910-0188 and replacing with the following item:—

8910-0188 The Franklin sheriff's department may expend for the operation of the department an amount not to exceed $1,300,000 from revenues received from federal inmate reimbursements; provided, that $300,000 from the reimbursements shall not be available for expenditure and shall be deposited in the general fund prior to the retention by the department of any said reimbursements; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system $1,300,000

and move to further amend the bill in section 2, in item 8910-0619 by striking the figures $39,114,291” and inserting place thereof the following figure:— “$39,229,291”

and move further to amend the bill in section 2 by striking item 8910-6619 and inserting in place thereof the following item:—

8910-6619 The Essex sheriff's department may expend for the operation of the department an amount not to exceed $2,000,000 from revenues received from federal inmate reimbursements; provided, that $150,000 from the reimbursements shall not be available for expenditure and shall be deposited quarterly into the general fund before the retention by the department of any of these revenues as certified by the comptroller; provided further, that said quarterly payments shall total $600,000 in fiscal year 2005 and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system $2,000,000

and move further to amend the bill in section 2 in item 8950-0001 by striking the figures “$12,353,427” and inserting in place thereof the following figures: “$12,653,427”

and move further to amend the bill by adding at the end thereof the following section:—

SECTION . Notwithstanding the provisions of any general or special law to the contrary, licenses displaying social security numbers shall only be used upon the request of the applicant.

and move further to amend the bill in section 2 in item 1102-3206 by adding at the end thereof the following words:— “and provided further, that the commissioner of the division of capital asset management and maintenance shall complete study number SDE 0301ST1 regarding the site location of the proposed regional holding facility in the county formerly known as Essex by July 31, 2004."

and move further to amend the bill by adding at the end thereof the following section:—

SECTION . There is hereby established a special commission to report on the Victim Information and Notification Everyday (VINE) program. Said commission shall consist of the Speaker of the House of Representatives or a designee, the President of the Massachusetts Senate or a designee, the Chair of the House Committee on Ways and Means or a designee, the Chair of the Senate Committee on Ways and Means or a designee, the House and Senate Chairs of the Joint Committee on Public Safety, who shall both serve as chairs of said commission, the House and Senate Chairs of the Judiciary Committee, the House and Senate Chairs of the Criminal Justice Committee, the Secretary of the Executive Office of Public Safety, the Commissioner of the Department of Corrections, the Commissioner of the Department of Public Health and 1 member appointed by the following organizations: the Massachusetts Sheriff's Association, the Criminal History Systems Board Victim's Services Unit, the Sex Offender Registry Board, the Office for Victim Assistance, the Attorney General's office, Jane Doe, Inc. and Voices Against Violence. The scope of the commission's inquiry shall include, but shall not be limited to: reviewing the components of the VINE program, reviewing the effectiveness of the VINE program in other states, reviewing the existing laws regarding notification of victims, victims' rights and prisoner release, and determining the appropriateness of such a program in the Commonwealth. The commission shall submit its report to the House and Senate Committee on Ways and Means and the Joint Committee on Public Safety, no later than March 1, 2005.

and move further to amend the bill by striking 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 Citizens Correctional Review Board, referred to hereafter as the board. Said board shall consist of twenty-one members as follows: 3 members appointed by the speaker of the house of representatives, 3 members appointed by the president of the senate, the president of the Massachusetts Sheriffs Association or his designee, the inspector general or his designee, the attorney general or his designee, the auditor or his designee and 3 members appointed by the governor, one of whom shall be the secretary of public safety, and one of whom shall be the commissioner of the department of public health, the chair of the parole board, a representative of the Massachusetts Correctional Officers Federated Union, a representative from the Massachusetts Correctional Legal Services, a representative of the American Civil Liberties Union of Massachusetts, League of Women Voters, a representative from the Massachusetts Council of Churches, a the Executive Director of the Massachusetts District Attorney Association or his designee, and a representative of the Victim and Witness Program. The board shall be jointly chaired by 1 member from the senate and 1 member from the house of representatives, both of whom to be annually elected by a majority vote of the board. All members shall serve a term of 2 years. No member of said board shall be appointed to serve more than 2 consecutive terms. Said board shall annually elect a chairperson. Said board shall adopt bylaws to govern its own proceedings.
The Correction Citizen Review Board shall have the following duties: (a) It shall study the medical services, including mental health service, 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 policies and practices, the living conditions of inmates therein, the general state of working conditions of employees within the department of correction and, where appropriate, the impact of the department of correction policies and inmate living conditions upon rates of recidivism and over-classification; (d) It shall hold quarterly meetings; (e) It shall advise the commissioner of the department of correction on policy development and priorities for the department of correction facilities as well as the department’s compliance with legislative and judicial mandates; and (f) It shall issue public reports annually to the department of correction and the joint committee on public safety.
(g) it shall report annually on the staffing of Unit 4 positions, so-called, in each state correctional institution. Such report shall include, but not be limited to, the following: The number of Unit 4 positions broken down by correctional institution, and the number of Unit 4 positions vacant; the number of Unit 4 positions lost to retirement, discharge or resignation and the number that have been replaced; a breakdown by correctional facility of the staff hours of overtime worked by Unit 4 personnel and the annual aggregate costs related to this overtime; the number of reported assaults upon Unit 4 personnel; the number of Unit 4 personnel out on industrial accident leave, and for each individual, the length of time on leave.

and move further to amend the bill by adding at the end thereof the following section:—

SECTION. (a) There is hereby established a special commission to study the impact and effects of abuse OxyContin and other prescription illicit drugs, including but not limited to, Duragesic, Klonopin, Methadone, Morphine, Vicodin, cocaine, heroin, GHB and MDMA, as well as their generic equivalents, 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 study the prescription, dispending, treatment and education of said drugs and 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.

And move further to amend the bill by adding at the end thereof the following section:—

SECTION . Notwithstanding any general or special law to the contrary, chapter 26 of the acts of 2003, in section 2, in item 8000-0010 is hereby amended by inserting at the end thereof the following:—

provided further, that $85,000 shall be provided for community policing in Framingham; provided further, that $40,000 shall be provided for community policing in Ipswich; provided further, that $40,000 shall be provided for community policing in Hamilton; provided further, that $80,000 shall be provided for community policing in Newburyport; and provided further, that $165,000 shall be provided for community policing in Dudley Square section of Roxbury in the city of Boston.

And move to further amend the bill by adding at the end thereof the following section:—

SECTION. Section 13A of chapter 30A of the General Laws, as appearing in 2002 Official Edition, is hereby amended by adding the following sentence at end thereof:—

The Registrar of Motor vehicles shall not issue new or renewal drivers' licenses bearing on its face the driver's social security number unless the driver has affirmatively requested that the license bear his or her social security number in lieu of another number."

and move to further amend the bill by adding at the end thereof the following section: —

SECTION. Sub-section (c) of section 2F of chapter 90, as most recently amended by section 87 of chapter 46 of the acts of 2003, is hereby amended by striking it in its entirety and inserting in place thereof the following sub-sections:-

(c) Distinctive registration plates to be considered by the registrar pursuant to this section shall include, but not be limited to, plates that will benefit the following agencies, charities, causes or nonprofit organizations: The Jimmy Fund for the purpose of assisting their efforts in cancer treatment, research and prevention; The American Cancer Society for the purpose of assisting their efforts in cancer treatment, research and prevention; the establishment of a children's education fund to assist local cities and towns in purchasing textbooks for their school systems; the establishment of a library preservation trust fund to assist the commonwealth's public libraries in purchasing books, periodicals and other literature and equipment; the Black United Fund of Massachusetts; the establishment of a Diane Zaniboni breast cancer research fund to be coordinated by the department of public health; the pharmacy assistance program; The Humane Coalition for the purposes of instituting animal control programs; The Rotary Foundation; The Springfield Library and Museum Association for the purposes of creating and supporting a Dr. Seuss Museum in the city of Springfield; The New England Chapter of Transplant Recipients International Organization, Inc. for supporting organ and tissue donation and outreach efforts; the department of environmental management for the maintenance of historical vessels; the University of Massachusetts scholars fund and alumni fund; the establishment of an agricultural trust fund to promote and enhance the viability of agriculture; the establishment of a violence prevention education program to be coordinated by the department of education; an open space acquisition program to be coordinated by the executive office of environmental affairs; the Second Century Fund coordinated by the department of environmental management for the maintenance, preservation and operation of the state park system; the establishment of a fund to assist in the maintenance and preservation of historical monuments; the establishment of a youth hockey promotion fund to offset the costs of participating in youth hockey and promote improvement of parent and player behavior; the Massachusetts Lions Eye Research Program and the Lazarus Program; the establishment of a Massachusetts AFL-CIO scholarship trust fund to promote the study of labor history and to provide scholarship assistance to Harvard University's trade union program; the establishment of a future of nursing fund to assist in efforts to address the shortage of nurses; and cities and towns for the purpose of supporting local programs as organized by a single city or town or a state-wide organization on behalf of all cities and towns.

(d) The registrar shall design, produce, issue and regulate the use of distinctive registration plates proposed by any agency, charity or non-profit organization in the commonwealth that has satisfactorily complied with the conditions and requirements set forth in sub-section (a).

and move further to amend the bill by adding at the end thereof the following section:—

SECTION . (a) There is established a task force to study reflectorized safety number plates, within available appropriations. The task force shall study the feasability of a state-wide license plate reissuance for passenger and commercial vehicles. Such study shall include, but not be limited to: (1) The impact on the reduction of unregistered and uninsured motor vehicles; (2) the impact on state and local revenue; (3) the task force shall examine state-of-the-art digital technology. (b) The task force shall consist of the following members: (1) The Registrar of Motor Vehicles, or designee, (2) the Secretary of Public Safety, or designee, (3) a representative from the Department of Correction, (4) a representative from the Massachusetts Police Chiefs Association, (5) a representative from the Massachusetts Municipal Association, (6) a representative from the International Brotherhood of Police Officers, (7) the Chairmen from the Joint Committee on Public Safety, (8) the Chairmen from the House and Senate Committees on Science and Technology, (9) a Chairperson appointed by His Excellency, the Governor.(c) All appointments to the task force shall be made no later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.(d) Not later than December 15, 2004 , the task force shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to transportation. The task force shall terminate on the date that it submits such report.

and move further to amend the bill by adding at the end thereof the following section:—

SECTION . To increase further a sense of responsibility on the part of inexperienced drivers and to increase the safety of all legitimate users of the roadway system, including but not limited to, motorists, pedestrians, the disabled, bicyclists, and motorcyclists, the Registry of Motor Vehicles is hereby directed to undertake a study of their policies, programs, curricula, testing materials and publications to ensure that education requirements encompass the safety of all roadway users and such efforts to promote safety are integrated across all such policies, programs curricula testing materials and publications. The Registrar shall convene a study commission by September 1, 2004 whose membership shall include the following: the Registrar or her designee who shall serve as chair and as a non-voting member; a representative of the Governor's Highway Safety Bureau Appointed by the Sec. of Public Safety; one of three persons recommended by the Mass. Bicycle Coalition and appointed by the Secretary of Public Safety; one of three persons recommended by Walk Boston and appointed by the Secretary of Public Safety; a representative of the insurance industry appointed by the Registrar; one of three persons recommended by the motorcycle interests and appointed by the Secretary of Public Safety; the chairs of the House and Senate Committees on Public Safety or their designees; a representative of the driver education industry appointed by the Registrar. The Study Commission shall report to the Secretary of Public Safety, the Registrar of Motor Vehicles, the joint Committee on Public Safety and the House and Senate Committees on Ways and Means June 1, 2005.

And move to further amend the bill by adding at the end thereof the following section:—

SECTION . Notwithstanding any general or special law to the contrary, there is hereby established a study commission to review the troop strength of the Massachusetts state police, referred to hereafter as the commission. Said commission shall consist of the chair of the house committee on homeland security and federal affairs; the house and senate chairs of the joint committee on public safety; the house and senate chairs of the joint committee on criminal justice; the minority leader of the house or his designee; the minority leader of the senate or his designee; the secretary of public safety; the superintendent of the state police; the chief human resources officer of the human resources division of the commonwealth or her designee, and a representative of the State Police Association of Massachusetts. Said commission shall investigate the staffing needs of the Massachusetts state police, identify the impact of the current deficiencies in troop strength on the homeland security, law enforcement and general public safety responsibilities of the Massachusetts state police, and issue recommendations to address the problem of reductions in staffing levels at said agency. Said commission shall distribute its recommendations to the house ways and means committee and senate ways and means committee by December 1, 2004.

CONSOLIDATED AMENDMENT "C" - STATE FINANCE

Amendment 365 moved from the subject of State Finance to the subject of Environmental Affairs.

Mr. Rogers of Norwood and other members move to consolidate the following amendments: 26, 40, 79, 98, 100, 101, 102, 103, 104, 105, 106, 107, 114, 115, 165, 205, 260, 362, 363, 396, 479, 557, 607, 616, 627, 657, 680, 737, 755, 812, 834, 858, 878, 1016, 1130, 1141, 1159, 1161, 1162, and 1217, and hereby move to amend H.4600 by adding at the end thereof the following sections:—

SECTION __. Section 5B of chapter 29 of the General Laws, as most recently amended by section 163 of chapter 26 of the acts of 2003, is hereby amended by adding in the eighth paragraph after the word "therein", the following:— Said consensus tax estimate shall include a figure equal to 2% of the previous fiscal year's total general appropriations act in addition to the tax estimate; provided, that said figure shall be considered an upper limit for the use of non-reoccurring funding sources for the ensuing fiscal year; provided further, that non-reoccurring funding sources shall include funds held in trust and funds acquired from renewable revenue sources, but deposited into a special fund intended for later use, including the stabilization fund.

SECTION__. Notwithstanding any general or special law to the contrary, there shall be a special commission to study issues related to non-discretionary state spending and the rate at which this form of spending is growing, why it is growing, and what can be done to slow its growth. The commission shall be chaired by the chairs of the house and senate committees of post audit and oversight, and shall be composed of two senators appointed by the senate president, two representatives appointed by the speaker of the house, one senator appointed by the senate minority leader, one representative appointed by the house minority leader, the treasurer or his designee, the secretary of administration and finance or his designee, the secretary of health and human services or his designee, the commissioner of the department of education or his designee, a representative from the Massachusetts taxpayers association, a representative from the Massachusetts human services coalition, a representative from the Massachusetts hospital association, and a representative from the Massachusetts teachers association. The commission shall report to the house and senate clerks no later than January 31, 2005.

SECTION__. There is hereby established a special commission to study, make recommendations and propose any legislation related to the use, reuse, lease, sale, conveyance, or any disposition of any interest in the Hynes Memorial Auditorium and the Boston Common Parking Garage. The commission shall consist of three persons to be appointed by the Governor, one of whom shall be the chairperson of the Massachusetts Convention Center Authority or his designee, and one of whom shall be a representative of the Back Bay Civic Association; three persons to be appointed by the mayor of the city of Boston, one of whom shall be the director of the Boston Redevelopment Authority, one of whom shall be a representative of the Greater Boston Chamber of Commerce; three persons to be appointed by the president of the senate, one of whom shall be the senate chairperson of the joint committee on state administration, and one of whom shall be a representative of the Greater Boston Convention and Visitors Bureau; and three persons to be appointed by the speaker of the house, one of whom shall be the house chairperson of the joint committee on state administration and one of whom shall be a representative of the Massachusetts lodging association. The Commission shall be chaired jointly by the house and senate chairpersons of the joint committee on state administration.
The commission, as part of its study, analysis and review, and making such recommendations shall focus on and consider the following: (i) that there shall be a comprehensive and coordinated strategy and plan for the use, reuse, lease, sale, conveyance or disposition of said auditorium, including the development of air rights above the existing facility and said garage; (ii) the continued use of the Hynes as a convention center venue owned, operated and maintained by the Massachusetts Convention Center Authority after the opening of the Boston Convention and Exhibition Center; (iii) the use of the Hynes Convention Center for any other purpose, other than as a convention center venue or as a convention center with other mixed uses, by any public or private entity or a combination thereof; (iv) a consideration of the state, city, community, and local business interests, including hotel, business, retail, and restaurant interests involved and impacted by (a) the continued use of the Hynes Convention Center as a convention center by the Massachusetts Convention Center Authority, a private entity, or a combination thereof, or (b) by the reuse of the Hynes Convention Center property for a use other than as a convention center venue or a mixed use thereof; (v) the feasibility of continued use of the Hynes Auditorium as a convention center with secondary development of the property, as a joint public/private partnership with the Massachusetts Convention Center Authority, including the development of air rights above the existing facility, subject to applicable state and local laws; (vi) the feasibility of the proceeds or a portion thereof of any sale, conveyance, or disposition of the Hynes Auditorium or the parking garage to be allocated to the Authority; (vii) the consideration of any other issues, studies, proposals or impacts that may be relevant, pertinent, or material to the study, analysis, and review of said commission; (viii) the commission shall create and receive advice and comments from elected state and city officials, representatives from neighborhood, professional, trade and business groups impacted by the potential use, reuse, lease, sale, conveyance or disposition of any interest in the Hynes Convention Center.
The commission shall prepare a final report of its findings resulting from its study, review and analysis and consideration, including legislative recommendations. Said commission shall file said report with both the clerks of the house of representatives and the senate, and shall also submit a copy of said report to the governor, the president of the senate, the speaker of the house, and the chairmen of the committee on ways and means and the joint committee on state administration on or before June 30, 2005; provided, that no reuse, lease, conveyance, as recommended by the commission, shall occur without legislative approval pursuant to Article 97 of the Constitution.

SECTION__. Notwithstanding any general or special law to the contrary, Tewksbury hospital campus and all state owned land in the Town of Tewksbury is hereby exempt from the provisions of Section 548 of Chapter 26 of the Acts of 2003.

and move to further amend the bill by adding at the end thereof the following section:—

SECTION___. Pursuant to the provisions of subsection (l) of section 4E of chapter 40J of the General Laws (i) there shall be no conditions precedent to said transfer, (ii) the condition precedent described in said subsection (l) shall be a condition subsequent to a transfer and (iii) the aggregate payments on account of the green power premium in any one fiscal year under all contracts entered into pursuant to the agreement described in said subsection (l) shall not exceed five million dollars. No additional transfers shall be required from said Renewable Energy Trust Fund pursuant to section 69 of chapter 4 of the acts of 2003 or pursuant to said subsection (l) in fiscal year 2005. All municipal electric departments, public instrumentalities and other governmental entities in the commonwealth are hereby authorized to purchase electricity from the commonwealth or its designee pursuant to the terms of the agreement entered into between the Massachusetts technology park corporation and the commonwealth pursuant to said subsection (l) and to purchase electricity or certificates as described in said subsection (l) from said corporation or its designee, and said corporation is hereby authorized to undertake such sales to any entity in the commonwealth.

and move to further amend the bill by striking section 5.

and move to further amend the bill by striking section 107.

and move to further amend the bill by adding at the end thereof the following sections:—

SECTION _____. Paragraph (a) of section 12 of chapter 372 of the acts of 1984, is hereby amended by striking out the fifth sentence, as appearing in section 1 of chapter 83 of the acts of 2001, and inserting in place thereof the following sentence:— The aggregate principal amount of all bonds issued under authority of this act shall not exceed $5,800,000,000 outstanding at any one time; provided, however, that bonds for the payment of redemption of which, either at or prior to maturity, refunding bonds shall have been issued shall be excluded in the computation of outstanding bonds.

SECTION____. Section 16 of said chapter 372 is hereby amended by striking out the fourth sentence, as appearing in section 2 of said chapter 83, and inserting in place thereof the following sentence:— The aggregate principal amount of all bonds issued under the authority of this act shall not exceed $5,800,000,000 outstanding at any one time; provided, however, that bonds for the payment of redemption of which, either at or prior to maturity, refunding bonds shall have been issued shall be excluded in the computation of outstanding bonds.

SECTION___. 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.

SECTION ___: The Department of Environmental Protection shall conduct a review of the operation of the Community Preservation Act, established pursuant to chapter 44B of the General Laws, including an assessment of whether limiting access to the program to imposition of a property tax surcharge is the most effective way of meeting community preservation needs, as defined in said chapter, throughout the commonwealth. This review shall include at least two public hearings, one of which shall be held in the western four counties of the commonwealth. The department shall solicit testimony regarding innovative ways that municipalities might generate local revenue streams that could qualify for matching funds from the Community Preservation Trust Fund. The department shall report back to the House of Representatives and the Senate with recommendations and legislation, if any, no later than March 1, 2005.

CONSOLIDATED AMENDMENT "D" - TRANSITIONAL ASSISTANCE, HOUSING AND SOCIAL SERVICES

Amendment 297 has been moved from the subject of Housing to the subject of Economic Development.

Amendments from Transitional Assistance: 30, 223, 226, 323, 345, 369, 385,405, 420, 421, 446, 450, 462, 491, 494, 658, 681, 699, 817, 844, 845, 851, 868, 934, 997, 1115, 1138, 1178, 1183

Amendments from Social Services: 24, 29, 60, 86, 118, 125, 145, 155, 159, 160, 258, 284, 313, 395, 430, 495, 534, 535, 738, 772, 778, 795, 821, 871, 895, 901, 1021, 1169

Amendments from Housing: 35, 92, 133, 149, 180, 182, 280, 297, 351, 386, 416, 532, 677, 711, 712, 727, 791, 877, 885, 891, 932, 960, 1040, 1114, 1153

Mr. Rogers of Norwood and others of the House hereby move to amend H.4600 in section 2 in item 4406-3000, by striking out the figures “$28,000,000” and inserting in place thereof the figures: —$29,700,000

and move further to amend the bill in section 2 in item 4403-2119, by striking out the figures “$5,063,317” and inserting in place thereof the figures:—$5,673,317

and move further to amend the bill by striking out section 59 and inserting in place thereof the following:—

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 first paragraph and inserting in place thereof the following three 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;

Said requirement may be met by working in a job for which compensation is paid; by a parent or head of household who is in emergency shelter and complying with housing search requirements; 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 which fail, without good cause, to meet said requirement shall not receive assistance.

Subject to the approval of the federal department of health and human services, the department shall determine that good cause exists when a recipient is not in compliance with the work program or the terms of an employment development plan, and that said noncompliance is due to lack of appropriate and available child care, lack of affordable and reliable transportation, housing search, lack of an available and appropriate community service site identified by the department, or illness or disability. 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.

And move further to amend the bill in section 2 in item 4400-1000, by striking out the figure “$116,381,295” and inserting in place thereof the following:—“$66,881,295”;

and move further to amend the bill in section 2 in item 4400-1000, by inserting in line 36, by inserting after “Food stamp program” the following:—“ provided further, that funds shall be expended on investigating welfare fraud at the Lowell area office and that the department shall report no later than March 21, 2005 on the results of their investigation to the house and senate committees on ways and means; provided further, that not less than $250,000 shall be expended on services from the Food Source Hotline; provided further, that not less than $250,000 shall be expended for the food stamp outreach program; provided further, that the department may allocate funds, not to exceed $5,000,000 from this item to item 4400-1100 for the costs of the department’s caseworkers, so-called;”

and move further to amend the bill in section 2, by inserting after item 4400-1000 the following new item:—

4400-1100 For the payroll of the department’s caseworkers, so-called; provided that only employees of bargaining unit eight, so-called, shall be paid from this item; provided further, that the department may allocate funds, not to exceed $5,000,000 from this item to item 4400-1000 for the administrative costs of the department of transitional assistance……………. $50,000,000

and move further to amend the bill in section 2 in item 4403-2000, in line 20 by inserting after “2004;” the following:— provided further, that not less than $95,000 shall be expended for the Lift Transportation program operated by the Traveler’s Aid Society of Boston;

and move further to amend the bill in section 2 in item 4403-2000, by striking out the figures “$315,107,806” and inserting in place thereof the following:— “$316,607,806”

and move further to amend the bill in section 2 in item 4408-1000, in line 15, by inserting after “program;” the following:— provided further, that the department shall develop an intake process for participants in the vocational rehabilitation program of the Massachusetts Rehabilitation Commission to ensure that eligible participants receive their benefits in a timely fashion; provided further, that the department shall cooperate with the Massachusetts Rehabilitation Commission to develop said intake process;

and move further to amend the bill in section 2 in item 4403-2120, in line 23, by striking the following:— provided further, that not less than $2,000,000 may be expended through an interagency service agreement with the department of housing and community development on a pilot project for housing vouchers for families who would otherwise require emergency shelter services funded under this line item; provided further, that said pilot project shall be designed to minimize the use of hotels/motels and promote transition to permanent housing;

and move further to amend the bill in section 2, in item 4800-0038, in line 26, by inserting after the word “standard;” the following:— provided further, that not less than $348,850 shall be expended for Casa Esperanza; provided further, that not less than $298,000 shall be expended for alternative schools for students aged 14 to 16, inclusive, who are placed before the court on child in need of services petitions in region 6; provided further, that not less than $257,000 shall be expended for a contract for an integrated family services team in region 6; provided further, that not less than $200,000 shall be expended to support the family center component of the Greater Lowell Family Resource Center; provided further, that not less than $150,000 shall be expended in region 1 for a community-based family unification counseling program to prevent juvenile delinquency; provided further, that not less than $150,000 shall be expended for a contract with Julie’s Family Learning program in the South Boston section of the city of Boston; provided further, that not less than $140,000 shall be expended for the Comprehensive School Age Parenting Program, Inc. for expansion of a year-round school-based program in Boston high schools and middle schools for pregnant teens, young mothers and fathers and other youth at high-risk for school dropout; provided further, that not less than $130,000 shall be expended for the Children’s Cove Cape and Islands Child Advocacy Center; provided further, that not less than $99,000 shall be provided for the school-age parenting project at Framingham High School; provided further, that not less than $99,000 shall be expended on a juvenile firesetters program; provided further, that not less than $50,000 shall be expended for the purpose of providing case management services for the Amity Transitional Housing program in the city of Lynn; provided further, that not less than $35,000 shall be expended by the Framingham office of the Department of Social Services for the Metrowest Campership program operated by the Ashland youth advisory board in partnership with said department; provided further, that not less than $30,000 shall be expended for a contract with Big Brothers and Sisters of Cape Cod and the Islands;

and move further to amend the bill, in section 2, in item 4800-1400 in line 8, by inserting after the words “housing resources;” the following:— provided further, that not less than $200,000 shall be expended for the women’s shelter operated by SMOC of Massachusetts in the city of Worcester; provided further, that not less than $95,000 be appropriated for the New England Learning Center for Women in Transition Survivor’s Project in Berkshire, Hampden, Franklin, and Hampshire counties; provided further, that not less than $50,000 be allocated to Portal of 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; provided further, that not less than $10,000 shall be expended for the purposes of the domestic abuse response team which serves Ipswich District Court;

and move further to amend the bill by adding at the end thereof the following section:—
SECTION . There shall be a special commission for the purpose of making an investigation and study relative to the prescribing of psychotropic drugs for children under the protection and care of the department of social services. This commission shall consist of three members of the Senate, five members of the House of Representatives, and five persons appointed by the Governor. Said commission shall report to the House of Representatives the results of its investigation and study, and its recommendations, if any, together with drafts of legislation necessary its recommendations into effect by filing the same with the clerk of the House of Representatives on or before the last Wednesday of December 2004.

and move further to amend the bill in section 2, by striking item 7004-0099 and inserting in place thereof the following item:—

7004-0099 For the operation of the department of housing and community development; provided, that funds shall be expended for the Indian affairs commission; provided further, that notwithstanding any general or special law to the contrary, the department may make expenditures for the purposes of the department against federal grants for certain direct and indirect costs pursuant to a cost overhead allocation plan approved by the comptroller; provided further, that the comptroller shall establish and designate an account on the Massachusetts management accounting and reporting system for the purpose of making such expenditures; provided further, that expenditures made against the account shall not be subject to appropriation and may include the cost of personnel; provided further, that the department shall submit quarterly reports to the house and senate committees on ways and means on object code expenditures made against the account; provided further, that notwithstanding any general or special law, rule, or regulation to the contrary, the department of housing and community development may conduct annual verifications of household income levels based upon state tax returns for the purposes of administering the state and federal housing subsidy programs funded in items 7004-9005, 7004-9009, 7004-9014, 7004-9019, 7004-9020, 7004-9024, 7004-9030 and 7004-9033; provided further, that as a condition of eligibility or continued occupancy by an applicant or a tenant, said department may require disclosure of the social security number of an applicant or tenant and members of such applicant's or tenant's household for use in verification of income eligibility; provided further, that said department may deny or terminate participation in subsidy programs for failure by an applicant or a tenant to provide a social security number for use in verification of income eligibility; provided further, that said department may also consult with the department of revenue, the department of transitional assistance or any other state or federal agency which it deems necessary to conduct such income verification; provided further, that notwithstanding the provisions of any general or special law to the contrary, such state agencies shall consult and cooperate with said department and furnish any information in the possession of said agencies including, but not limited to, tax returns and applications for public assistance or financial aid; provided further, that for the purposes of conducting such income verification, the director of said department may enter into an interdepartmental service agreement with the commissioner of revenue to utilize the department of revenue's wage reporting and bank match system for the purpose of verifying the income and eligibility of participants in such federally assisted housing programs and that of members of the participants' households; provided further, that for the purposes of clarification only, notwithstanding the provisions of section 12 of chapter 490 of the acts of 1980, said department may authorize neighborhood housing services corporations to retain, re-assign, and reloan funds received in repayment of loans made pursuant to the neighborhood housing services rehabilitation program; provided further, that notwithstanding any rules or regulations to the contrary, the bureau of relocation shall apply a rate of depreciation toward expenses associated with the installation or related assemblage expenses when determining the fair market value for continued use of items of personal property in cases of a relocation claim based upon the actual direct loss of tangible personal property; provided further, that not less than $100,000 shall be expended for the Hungry Hill Community Development Corporation; provided further, that not less than $50,000 shall be expended for the Allston-Brighton Community Development Corporation for a grant program to enhance housing quality standards; provided further, that $50,000 may be expended for Cedar Gardens task force in Natick; provided further, that not less than $100,000 shall be expended for the establishment of the East Springfield-Indian Orchard-Pine Point Community Development Corporation; provided further, that not less than $50,000 shall be expended for the Rockland Community Center in Rockland; provided further, that $25,000 may be expended for the Beverly Affordable Housing Coalition; provided further, that not less than $100,000 shall be expended for the Springfield Neighborhood Housing Services, Inc.; provided further, that not less than $50,000 shall be expended for the West Broadway Housing Task Force for the purposes of tenant services; provided further, that $50,000 may be expended for the Pleasant Street Neighborhood Network in Worcester; provided further, that $50,000 shall be expended for the Bellingham Housing Task Force; provided further, that not less than $10,000 shall be expended for the Turning Point Day Resource Center for the Homeless in the town of Wareham; provided further, that not less than $50,000 shall be expended for the continued operation of computer technology centers at the Commonwealth Housing Development and the Jackson Mann Community Center; and provided further, that not less than $100,000 shall be expended for Neighbors in Need in Lawrence $6,875,188

and move further to amend the bill, in section 2, by striking item 7004-3036 and inserting in place thereof the following item:—

7004-3036 For housing services and counseling; provided, that the grants shall be through a competitive application process pursuant to criteria created by the department; provided further, that not less than $400,000 shall be expended as grants for the operations of 9 regional housing consumer education centers operated by the regional non-profit housing authorities; provided further, that not less than $141,000 shall be expended for the Just A Start Corporation to administer a housing stabilization and conflict management services program to prevent homelessness; and provided further, that no funds shall be expended from this item in the AA subsidiary, so-called, for the compensation of state employees $962,925

and move further to amend the bill, in section 2, by inserting after item 7004-9315 the following item:—

7004-9316 For a one-year pilot project to provide assistance for homeless families and families at risk of becoming homeless; provided, that the amount of financial assistance shall not exceed $3,000 per family; provided further, that funds may be used for security deposits, first and last month's rent, moving expenses, utility payments or other uses as determined by the department of housing and community development; provided further, that assistance shall be administered by the department through contracts with the regional non-profit housing agencies; provided further, that no such assistance shall be provided to any family with an income in excess of 130 percent of the federal poverty level; provided further, that prior to authorizing a residential assistance payment for a family, the non-profit housing agency shall make an assessment of whether said payment, with or without additional housing stabilization support, will enable the family to retain its current housing, obtain new housing, or otherwise avoid homelessness; provided further, that in making such assessment the agency shall apply a presumption that said payment will enable a family to retain its housing, obtain new housing, or otherwise avoid homelessness if the family is paying less than or equal to 50 percent of its income for said housing; provided further, that a family who is paying more than 50 percent of its income for its housing shall be provided a fair opportunity to establish that a residential assistance payment will enable it to retain its housing, obtain new housing, or otherwise avoid homelessness; provided further, that residential assistance payments may be made through direct vendor payments according to standards to be established by the department; provided further, that the agencies shall establish a system for referring families approved for residential assistance payments who the agencies determine would benefit from such services to existing community-based programs that provide additional housing stabilization supports, including assistance in obtaining housing subsidies and locating alternative housing that is safe and affordable for said families; provided further, that the program shall be administered pursuant to guidelines established by the department; and provided further, that the department shall provide a status report to the secretary of administration and finance and the house and senate committees on ways and means no later than March 1, 2005 detailing all expenditures of said program, including but not limited to the number of recipients of the funds, the number of recipients of the funds who would have otherwise stayed in a homeless shelter, the number of recipients who stayed in a homeless shelter within one year of receiving the funds, the housing status of the recipients, the purposes for which each family used the assistance, the administrative costs and any other related costs of the program.......................... $2,000,000

And move further to amend the bill by adding at the end thereof the following section:—

SECTION . The department of housing and community development, in coordination with the executive office of health and human services, shall implement a statewide application system for all state public housing and, to the extent possible, other affordable housing resources. The Commonwealth shall not be liable for any costs related to developing or implementing this system. 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 (d) 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, 2005.

CONSOLIDATED AMENDMENT "E": VETERANS

Amendments from Veteran Services and Soldiers Homes: 67, 211, 352, 688, 350, 520, 690, 706, 1173, 504, 525, 526, and 987.

Amendments from Disability Agencies: 212, 291, 257, 263, 277, 309, 310, 311, 312, 329, 372, 378, 398, 407, 488, 654, 685, 720, 721, 745, 746, 835.

Mr. Rogers of Norwood and other members of the House move to consolidate the following amendments and hereby move to amend H.4600 in section 2 by striking items 1410-0012, 1410-0250, and 4190-0100, and inserting in place thereof the following:—

1410-0012 For services to veterans, including the maintenance and operation of outreach centers; provided, that said centers shall provide counseling to incarcerated veterans and to Vietnam era veterans and their families who may have been exposed to agent orange; provided further, that not less than $228,771 shall be obligated for a contract with the Veterans Benefit Clearinghouse in the Roxbury section of Boston; provided further, that not less than $82,757 shall be obligated for a contract with the Veterans Northeast Outreach Center in the city of Haverhill; provided further, that not less than $106,102 shall be obligated for a contract with the North Shore Veterans Counseling Center in the city of Beverly; provided further, that not less than $84,879 shall be obligated for a contract with the Veterans Association of Bristol county in the city of Fall River; provided further, that not less than $94,501 shall be obligated for a contract with NamVets of the Cape and Islands in the town of Hyannis; provided further, that not less than $84,879 shall be obligated for a contract with the Outreach Center, Inc., in the city of Pittsfield; provided further, that not less than $292,480 shall be obligated for a contract with the Montachusett Veterans Outreach Center in the city of Gardner; provided further, that not less than $84,453 shall be obligated for a contract with the Metrowest/Metrosouth Outreach Center in the town of Framingham; provided further, that not less than $15,000 be expended for the oral history project at the Morse Institute Library in Natick; provided further, that not less than $50,000 shall be expended for Veteran's Services to be administered by the Falmouth Veterans Agent through the Falmouth Free Clinic and Community Center; and provided further, that not less than $134,879 shall be obligated for a contract with the Puerto Rican Veterans Association of Massachusetts, Inc., in the city of Springfield $1,258,701

1410-0250 For homelessness services; provided, that not less than $453,966 shall be obligated for a contract with the central Massachusetts shelter for homeless veterans located in the city of Worcester; provided further, that not less than $352,395 shall be obligated for a contract with the southeastern Massachusetts veterans housing program, Inc. located in the city of New Bedford; provided further, that $100,350 shall be obligated for a contract with the Veterans Benefit Clearinghouse located in Dorchester; provided further, that not less than $199,405 shall be obligated for a contract with Unity House located in the city of Gardner; provided further, that not less than $75,000 shall be obligated for a contract with the Transition House located in the city of Springfield; provided further, that not less than $51,975 shall be expended for a contract with the Springfield bilingual veterans outreach center for the operation and maintenance of a transitional housing unit at the YMCA of Springfield; provided further, that not less than $44,888 shall be obligated for a contract with the Mansion located in the city of Haverhill; provided further, that not less than $28,350 shall be obligated for a contract with the Homestead located in the town of Hyannis; provided further, that not less than $120,000 shall be obligated for contracts with the veterans hospice homestead in the city of Leominster and the veterans hospice in the town of Fitchburg; provided further, that not less than $22,500 shall be obligated for a contract with the Turner House located in the town of Williamstown; provided further, that not less than $73,350 shall be obligated for a contract with the Veterans Benefit Clearinghouse located in Roxbury; provided further, that not less than $200,000 shall be obligated for a contract with the United Veterans of America shelter located in the town of Leeds; and provided further, that not less than $90,000 shall be obligated for a contract with Habitat P.L.U.S. in the city of Lynn $1,812,179

4190-0100 For the maintenance and operation of the Soldiers' Home in Holyoke including the adult day care program, the Maguder House and the Chapin Mansion; provided, that in the operation of the outpatient pharmacy, said Soldiers' Home shall cover the cost of drugs prescribed at said Soldiers' Home, excluding the required co-payment, only when the veteran has no access to other drug insurance coverage, including coverage through the program authorized by section 39 of chapter 19A of the General Laws $16,658,929

and move to further amend the bill, in section 2, by adding after item 1410-0250 the following new item:—
1410-0251 For homelessness services, including the maintenance and operation of homeless shelters and transitional housing for veterans at the New England Shelter for Homeless Veterans located in the city of Boston $2,093,735

and move to further amend the bill, in section 2, by adding at the end thereof the following section:-
SECTION__. Notwithstanding any general or special law to the contrary, there is hereby established a commission to study investigations of abuse of the disabled. The commission shall be comprised of six members, provided that three members shall be members of the House of Representatives appointed by the Speaker of the House of Representatives and three members shall be members of the Senate appointed by the President of the Senate. The commission shall study cases of abuse of the disabled, including but not limited to the following: clients of the Department of Mental Retardation, Department of Mental Health, Massachusetts Rehabilitation Commission, Massachusetts Commission for the Deaf and Hard of Hearing, Massachusetts Commission for the Blind, and other departments serving the disabled citizens of the commonwealth. The commission shall report its recommendations, if any, to the clerks of the House of Representatives and Senate no later than November 15, 2003.

and hereby move to amend H.4600 in section 2 by striking items 4120-2000, 4120-3000, 4120-4000 and 4120-6000 and inserting in place thereof the following:—
4120-2000 For vocational rehabilitation services operated in cooperation with the federal government; provided, that no funds from the federal vocational rehabilitation grant or state appropriation shall be deducted for pensions, group health and life insurance and any other such indirect cost of the federally reimbursed state employees; and provided further, that the commissioner, in making referrals to service providers, shall take into account the client's place of residence and the geographic proximity of the nearest provider to said residence; provided further, that not less than $100,000 shall be expended on special vocational projects in the Charlestown neighborhood of Boston for people with disabilities; provided further, that not less than $100,000 shall be expended for services provided by the Life Focus Center in the Charlestown neighborhood of Boston $7,459,207

4120-3000 For employment assistance services; provided, that vocational evaluation and employment services for severely disabled adults may, subject to appropriation; provided further, that not less than $100,000 shall be expended for the Charlestown Navy Yard projects for disabled adults in the Charlestown neighborhood of Boston; provided further that not less than $100,000 shall be expended on special projects in the Charlestown neighborhood of Boston for people with disabilities $7,779,046

4120-4000 For independent living assistance service; provided, that not more than $858,000 shall be expended for assistive technology devices and training for individuals with severe disabilities; provided further, that no less than $25,000 will be used to assist the Living Independently for Equality, Inc. of Brockton; and provided further, that not more than $200,000 may be expended for the Center for Rehabilitation Engineering at the University of Massachusetts/Dartmouth $7,520,512

4120-6000 For head injured services; provided, that the commission shall work with the division of medical assistance to maximize federal reimbursement for clients receiving head injured services; and provided further, that not less than $50,000 shall be expended for the Cape Cod head injury program $6,000,568

and move to further amend the bill, in section 2, in item 4120-5000 by striking the figures “$4,240,768” and inserting in place thereof the following:- $4,339,768.

and move to further amend the bill, in section 2, in item 4110-1000 by adding at the end thereof the following:- provided further, that not less than $350,000 shall be expended from this item for the deaf-blind community access network; and provided further, that not less than $500,000 shall be expended for the talking information center.

and move to further amend the bill, in section 2, in item 4110-1000 by striking the figures “3,713,070” and inserting in place thereof the following:- $3,763,070.

and move to further amend the bill, in section 2, in item 4110-2000 by striking the figures “7,992,775” and inserting in place thereof the following:- $8,074,775.

and move to further amend the bill, in section 2, in item 4125-0100 by striking the figures “4,929,536” and inserting in place thereof the following:- $5,219,536.

and move to further amend the bill, in section 2, in item 1107-2400 by striking out the figures, "$543,469" and inserting in place thereof the following figures:— $573,469.

and move to further amend the bill, in section 2, by striking item 1150-5104 and inserting in place thereof the following: -

1150-5104 The Massachusetts commission against discrimination may expend revenues from federal reimbursements received for the purposes of the United States department of housing and urban development fair housing type 1 program and the equal opportunity resolution contract program during fiscal year 2005 and federal reimbursements received for these and other programs in prior years; provided, that the commission may also expend revenues generated through the collection of fees and costs so authorized; provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the commission may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; provided further, that notwithstanding section 1 or any other general or special law to the contrary, revenues received in excess of $2,467,982 shall be credited to the General Fund $2,467,982.

CONSOLIDATED AMENDMENT "F": ELDER AFFAIRS

Mr. Rogers of Norwood and other members of the house move to consolidate amendments 57, 243, 249, 377, 513, 514, 553, 689, 813, 988, 990, 1010 and 1160 and hereby move to amend H.4600 in section 2 in item 9110-1455 in line 16 by inserting after the word “herein;” the following:— provided further, that said executive office shall hold an open enrollment period of one month during fiscal year 2005; provided further, that said open enrollment period for said program may be preceded by at least 45 days of advance notice and publicity by said executive office;

and move to further amend the bill in section 2 in item 9110-1630 in line 18 by inserting after the word “services;” the following:— provided further, that not less than $100,000 be made available for a pilot program for home health care, to be administered by Community Parish Nursing in the town of Reading;

and move to further amend the bill in section 2 by striking item 9110-1636 and inserting in place thereof the following:—

9110-1636 For the elder protective services program, including protective services case management, guardianship services, the statewide elder abuse hotline, and the elder-at-risk program; provided, that not less than $495,000 shall be expended for money management services $10,504,137

and move to further amend the bill in section 2 in item 9110-1660 in line 1 by inserting after the word “elderly;” the following:— provided further, that not less than $50,000 shall be expended for the congregate housing services at the Tuttle House facility in Dorchester;

and move to further amend the bill in section 2 by inserting after item 9110-1660 the following item:

9110-1700 For residential assessment and placement programs for homeless elders $50,000

and move to further amend the bill in section 76 by striking clauses (i) and (ii).

and move to further amend the bill by adding at the end thereof the following section:—

SECTION 1. Section 14 of Chapter 19A of the General Laws, as so appearing, is hereby amended by striking the definition "abuse", and replacing it with the following new definition:— "Abuse", an act or omission which results in serious physical or emotional injury to an elderly person or financial exploitation of an elderly person; or the failure, inability or resistance of an elderly person to provide for him or herself one or more of the necessities essential for physical and emotional well-being without which the elderly person would be unable to safely remain in the community; provided, however, that no person shall be considered to be abused or neglected for the sole reason that such person is being furnished or relies upon treatment in accordance with the tenets and teachings of a church or religious denomination by a duly accredited practitioner thereof.

and move to further amend the bill by adding at the end thereof the following section:—

SECTION 2. Notwithstanding the provisions of any general or special law to the contrary, there shall be established a special commission to analyze the regulation of assisted living facilities in the commonwealth. Said commission shall consist of 15 members including: 3 members of the house of representatives, 2 appointed by the Speaker and 1 of whom shall be appointed by the minority leader; 3 members of the senate, 2 appointed by the Senate President and 1 of whom shall be appointed by the minority leader; the secretary of elder affairs or her designee; the commissioner of public health or her designee; one individual nominated by the Massachusetts Assisted Living Facilities Association; one individual nominated by Local 209 of the Service Employees Industrial Union; one individual nominated by MassAging; one individual nominated by the Massachusetts Extended Care Federation; and 3 residents of a facility licensed under M.G.L. c. 19D. Said nominations shall be submitted to the office of the Speaker and the Senate President no later than 60 days from the effective date of this act and shall first meet in a location to be chosen by the secretary of elder affairs no later than 60 days thereafter. The commission shall issue a report containing its recommendations, including any proposed legislation or regulations it deems advisable, no later than January 31, 2005 and shall submit said report and draft legislation or regulations to the Joint Committee on Human Services and Elderly Affairs.

and move to further amend the bill by adding at the end thereof the following section:—

SECTION 3. Notwithstanding the provisions of any general or special law to the contrary, there is hereby established a special commission on residential care facilities, also known as rest homes, in the commonwealth. Said commission shall study the role that residential care facilities play in the continuum of long-term care, identify the availability of residential care facilities relative to the need for such services, and the adequacy of public reimbursement for residential care facilities. The commission shall also study the roles of state agencies relative to residential care and recommend policies and procedures to coordinate effective communication and oversight among the various agencies with responsibility for residential care. The commission shall make recommendations relative to the funding of and methodology used in determining rates paid to residential care facilities. Said commission shall consist of the following members: 4 members of the senate, 1 of whom shall be shall be appointed by the minority leader; 4 members of the house, 1 of whom shall be appointed by the minority leader; the commissioner of the department of public health, or her designee; the commissioner of the division of health care finance and policy, or his designee; the commissioner of the department of transitional assistance, or his designee; the secretary of the executive office of elder affairs, or her designee; and two representatives from each of the following organizations: Massachusetts Aging Services Association and the Massachusetts Association of Residential Care Homes. The commission shall report its findings and recommendations to the House and Senate Committees on Ways and Means by April 1, 2005

CONSOLIDATED AMENDMENT "G": TRANSPORTATION (AS CHANGED)

Amendments from Transportation 17, 108, 181, 229, 233, 317, 478, 559, 570, 576, 638, 684, 704, 728, 816, 822, 830, 869, 874, 875, 925, 949, 951, 952, 953, 954, 955, 964, 965, 968, 969, 970, 971, 972, 973, 974, 975, 977, 978, 982, 1041, 1042, 1076, 1082, 1102, 1146, 1157, 1196

Mr. Rogers of Norwood and other members of the house hereby move to amend House 4600 in Section 2

in item 1599-1971, in line 28, by inserting after "ice;" the following:- and provided further that the study indicates how many salt storage facilities in the Commonwealth are in conformance with M.G.L. c. 85, sec. 7A and how many are not

in item 6010-0001, by adding at the end thereof the following:—

provided further, funds shall be expended to study the flow of traffic along Commonwealth Avenue in Allston-Brighton to determine the impact of regional traffic accessing downtown Boston; provided further, that funds shall be expended to mill and pave Route 20A in the city of Springfield and that said milling and paving shall be completed by June 30, 2005; provided further, that the Secretary is hereby authorized and directed to expend an amount necessary to complete the final phase, within the fiscal year, of the reconstruction and enhancement of that portion of the state road known as 'Somerville Avenue' in Somerville; provided further, that funds shall be expended for the design and construction of traffic lights at the intersection of South Street and Salem Street in the Town of Tewksbury and said project shall be completed by June 30, 2005; provided further, that said department shall work in conjunction with the Division of Capital Asset Management to study the closure of the rest stop area on Route 2 west in the town of Harvard and shall submit the findings of said study to the joint committee on transportation by December 15, 2004; provided further, that funds shall be expended for Berkshire Hills Regional School District for the construction of a traffic signal and necessary road improvements at the intersection of Monument Valley Road and Route 7 in the Town of Great Barrington; provided further, that funds shall be expended for traffic signalization on Route 12 in the city of Worcester; provided further, that funds shall be expended to fund the construction of improvements to route 126 in the town of Medway; provided further, that said department shall conduct a noise reduction study along Route 3 South in Kingston no later than December 31, 2004 and shall submit its finding to the joint committee on transportation and the house and senate committees on ways and means no later than June 30, 2005; 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; provided further that said department is directed to close route 60 between state highway route 2 in the town of Arlington and Winthrop Circle, so-called, in the city of Medford to commercial traffic between the hours of 12 P.M. and 6 A.M effective September 1, 2004, unless the said department declares it a public necessity that said roadway should be open to commercial traffic; provided that funds shall be expended to conduct a noise study along Route 290 in the Town of Northborough; provided further, that said department shall expend funds for the purpose of repair and maintenance of the Mount Vernon Street Bridge on Washington Street in Winchester;

and Mr. Green of Billerica and Mr. Hall of Westford move to amend the bill in said section 2 in said item 6010-0001 by adding at the end thereof:—
provided further, that said department shall construct sound barriers in the towns of Billerica and Lexington as follows: in the town of Billerica on the northerly side of Route 3 from a point 500 yards south of the Eliot Street bridge and extending 700 yards north of the Eliot Street bridge on the northerly side of Route 3; provided, further, that said barriers in the town of Lexington shall be constructed from the off-ramp from Route 3 accessing Route 128 south and extending to the Grove Street Bridge; provided, further, that funds shall be expended for the construction of sound barriers in the town of Chelmsford as follows: designated Area Number 21, Waterford Place in Chelmsford, designated Area 1, Ledgewood/Lido Land in Bedford, as defined by HMMH Report Number 298280 as prepared for said document

and move to further amend said bill in section 2 in item 6006-0003, by striking out the figure "$250,000" and inserting in place thereof the figure:— $533,256

and move to further amend said bill in section 2 by striking out line item 6006-1000.

And move to further amend said bill in section 2, by striking out in item 6005-0015 the figure “”$47,782,640” and inserting in place thereof the following:— $48,782,640

And moves to further amend said bill in said section 2 in said item 6005-0015 by inserting by striking he following words, “provided further that all regional transit authorities shall achieve a fare recovery ratio of 40 percent within 36 months from the affective date of this act” and inserting in place thereof the following:— provided further that all regional transit authorities shall achieve a fare and/or revenue recovery ratio of 40 percent within 36 months from the affective date of this act

and move to further amend the bill in section 33, by striking in line 11 the number "19" and inserting in place thereof the number "24"; and in said section, by striking the number "9" and inserting in place thereof the number "11"; and in said section, in line 16, by adding after the words "representatives" the following: and a representative of the regional transit authorities, as chosen by a majority of member authorities; and the Inspector General.” and in said section, by striking out, in lines 19, inclusive, the words " a representative of the Regional Transportation Authorities, as chosen by a majority of member authorities" and inserting in place thereof the following words; “"the executive director of the Massachusetts Motor Transportation Association or her designee, the commissioner of the department of housing and community development or his designee, the secretary of environmental affairs or his designee, and a representative of the Massachusetts Association of Regional Planning Agency; and in said section, by striking out the number "5" in line 28 and inserting in place thereof the number "7";

And move that the bill be amended, in section 84, line 2, by inserting after the words "working in conjunction with" the following words: "the Massachusetts Motor Transportation Association and".

And move to further amend said bill by adding at the end thereof the following sections:-

SECTION___. Notwithstanding any general or special law to the contrary the Secretary of Transportation and Construction and the Massachusetts Highway Department shall conduct a study on the effects of a permanent commercial truck ban on Elm Street, Hayward Street and Howard Street, in the town of Braintree; provided further, that said study shall be submitted to the Joint Committee on Transportation and the House and Senate Committees on Ways and means by January 1, 2005;

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 December 1, 2004. .

SECTION____. Notwithstanding any general or special law to the contrary, the Massachusetts Highway Department is directed to create a public outreach effort regarding the effects of spraying herbicides and its environmental impact on drinking water sources and wetlands. Said department shall report to the joint committee on transportation and the house and senate committees on ways and means on the implementation and results of said program no later than January 1, 2005.

SECTION____. Notwithstanding the provision of any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall not charge any fare between Lechmere and North Station for shuttle bus service that will be running in conjunction with the Green Line construction project between those two stations.

SECTION_____. Massachusetts Highway Department shall expend no funds for repairs for any new projects in District 5 until such time as the so called Fisher Street Bridge project in the City of Taunton is complete and open to the public for its use.

SECTION ___. Notwithstanding any special law to the contrary the Massachusetts Turnpike Authority is hereby authorized to establish toll discount programs, cash back toll refunds, electronic transponder discount programs, and other discount or toll payer savings programs; provided further, that said programs may include programs for toll discounts for residents north of Boston who commute using the Tobin Memorial Bridge, Callahan, Sumner and Ted Williams Tunnels; provided, that any such programs shall be funded through current Turnpike Authority or Port Authority revenue sources.

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.

SECTION____. Notwithstanding any general or special law to the contrary, the Massachusetts Transportation Coordination Council shall study the implementation of forward funding of the Regional Transit Authorities. Said study shall include, but not be limited to the following: (1) an examination and identification of a dedicated funding stream to complete the process of forward funding, and (2) any legislation necessary to effectuate said forward funding no later than July 1, 2006. Said study shall be filed with the Joint Committee on Transportation and the House and Senate Ways and Means Committees by July 1, 2005.

and by adding at the end thereof the following new section:-

Section XXX. Notwithstanding any general or special law or regulation to the contrary, the Massachusetts Highway Department shall include the proposed intersection improvements of the Route 1A/Main Street-Winter Street -Jean Road intersection in Walpole on the Transportation Improvement Program project list covering fiscal years 2003-2007 and shall commence said improvements during fiscal year 2005.

CONSOLIDATED AMENDMENT "H": EDUCATION AS CHANGED

(APRIL 29, 2004: UPDATED - AS CHANGED)

Amendment 578 is moved from the subject of Education to the subject of Health and Human Services.

Amendments 456, 709 and 797 are moved from the subject of Education to the subject of Economic Development.

Amendment 989 is moved from the subject of Education to the subject of Judiciary.

Amendments 412, 569, 1044 and 1084 are moved from the subject of Education to the subject of Higher Education.

Mr. Rogers, Mr. Ruane and other members of the House move to consolidate amendments: 6, 31, 47, 51, 96, 110, 176, 204, 207, 220, 237, 254, 276, 295, 296, 353, 399, 402, 403, 411, 433, 444, 449, 454, 460, 466, 499, 574, 580, 615, 629, 635, 636, 647, 656, 708, 723, 740, 748, 773, 786 , 787, 789, 818, 833, 873, 884, 912, 913, 914, 915, 936, 937, 956, 980, 1032, 1060, 1108, 1113, 1128, 1134, 1158, 1197, 1209 and hereby move to amend H.4600 in section 2, by inserting after item 7000-9501 the following item:—

7000-6503 For a handicap accessibility project in Holbrook to enhance educational opportunities for disabled citizens $150,000

and move further to amend item 7000-9506 by striking the figure “$341,811” and inserting in place thereof the following figure:— “$541,811”

and move further to amend the bill in section 2 in item 7010-0017, in line 5, by inserting after the word “education” the following words:— “provided further, that not less than $200,000 shall be made available to the AppleTree Institute of Boston for the purpose of establishing a program to provide technical assistance to communities and organizations seeking to create Horace Mann Charter Schools;”

and move further to amend the bill in section 2 by inserting after item 7010-0017 the following item:—

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

and move further to amend the bill in section 2 in item 7030-1003, in line 25, by inserting after the word “2006;” the following words:— “provided further, that not more than $50,000 shall be made available to Edvocacy of Concord, MA, to fund a school based pilot program designed to enhance the detection, evaluation and tracking of Dyslexia in students grades K through 3; provided further, that the results of said pilot shall be reported to the Commissioner of Education by no later than December 31st, 2005;"

and move further to amend said item 7030-1003 by striking the figure “$3,892,994” and inserting in place thereof the following figure:— “$3,942,999”

and move further to amend the bill in section 2 by inserting after item 7030 - 1500 the following item:—

7032-0650 For School Link Services provider, the Pettengill House to provide advocacy counseling, referrals, emergency assistance and prevention education programs to the children and families of both Triton Regional and Amesbury Public Schools $25,000

and move further to amend the bill in section 2 in item 7051-0015 by striking the figure “$650,000” and inserting in place thereof the following figure:— “$747,000”

and move further to amend the bill in section 2 by inserting after item 7061-0008 the following item:—

7061-0011 For a reserve to (1) meet extraordinary increases in the minimum required local contribution of a municipality as calculated pursuant to the requirements of section three of this act; provided, that a municipality seeking funds hereunder shall apply for a waiver from the department of revenue pursuant to the provisions of section 3 of this act; provided, further, that the commissioner shall issue a finding concerning such waiver applications within 30 days of the receipt thereof, after consulting with the commissioner of education regarding the merits of such application; provided, further, that preference shall be given to municipalities with an increase of greater than 25% in required contribution to any of the districts to which the municipality belongs as a result of the new regional allocation methodology; (2) meet expenses associated with extraordinary increases in enrollment calculated on a percentage basis for such municipalities; provided, that preference shall be given to districts with enrollment growth of greater than 10% from fiscal year 2000 through fiscal year 2005; (3) address the effects of reductions in per pupil chapter 70 aid between fiscal year 2003 and fiscal year 2005; provided, that preference in the awarding of such funds shall be given to districts which receive less than 20% of their foundation budgets as chapter 70 aid, and which received reductions in chapter 70 aid of greater than 10% between fiscal year 2003 and fiscal year 2004; (4) for transitional assistance to regional school districts which, prior to fiscal year 2005, have assessed member towns using the provisions of their regional agreement, and which, in fiscal year 2005, will assess member towns using the required contributions calculated pursuant to chapter 70 of the general laws and section three of this act; (5) for assistance to municipalities with median income below the state average and equalized valuation per capita above the state average; provided, further, that preference in the awarding of funds shall be given to municipalities with required local contributions greater than 80% of their foundation budgets; (6) for assistance to municipalities which pay a separate and additional tax to multiple fire districts within the municipality’s borders, and which have required minimum contributions in excess of 80% of the municipal district’s foundation budget; provided, further, that grant amounts shall be made for up to 10 % of the district’s foundation budget, but in no case shall said grant exceed $500,000; provided, further, that notwithstanding the provisions of any general or special law to the contrary, assistance funded by this item shall only be available on a one time non-recurring basis; provided, further, that the department shall make all awards from this line item no later than October 15, 2004; and provided further, that no funds distributed from this item to a municipality shall be considered base aid nor used in the calculation of the minimum required local contribution for fiscal year 2006................ $5,000,000

and move further to amend the bill in section 2 in item 7061-0012, in line 29, by inserting after "transfer;" the following:— "provided further, that not less than $95,000 shall be allocated to item 7061-0029 for the purpose of continuing a study on effective means of serving special education students through the Donahue Institute at the University of Massachusetts;"

and move further to amend the bill in section 2 in item 7061-0029, in line 2, by striking out the following words: "that no less than" and inserting in place thereof the following words:— "that no more than"

and move further to amend the bill in section 2 by striking out item 7061-9404 and inserting in place thereof the following item:—

7061-9404 For targeted intervention to schools and districts at risk of or determined to be underpeforming in accordance with section 1J and 1K of chapter 69 of the general laws and for assistance and grants to cities, towns and regional school districts to provide targeted remediation programs in English and math to high school students in the classes of 2004, 2005 and 2006 scoring in level one on the Massachusetts Comprehensive Assessment System (MCAS) exam established by the board of education pursuant to the provisions of sections 1D and 1I of chapter 69 of the General Laws; provided, that the department and districts shall ensure that services are available to students with disabilities; provided further, that, in awarding targeted remediation funds, preference may be given to schools and districts at risk of or determined to be under-performing in accordance with section 1J and 1K of chapter 69 of the General Laws; provided further, that the purpose of this program shall be to improve students' performance on the MCAS exam through replication of services and educational strategies with proven results as determined by the department of education that may include but shall not be limited to: integrated tutoring and mentoring programs, supplemental web-based tutorial programs that are diagnostic and prescriptive, weekend and school vacation programs focused on English and math remediation, the English and math components of comprehensive after school programs, and the remediation component of summer programs; provided further, that such programs shall supplement currently funded local, state, and federal programs at the school or district; provided further, that such grants and assistance shall be used solely for the academic portions of such programs, and shall focus on the acquisition of skills in English and math needed to pass the MCAS; provided further, that funds shall be expended for a competitive grant program to fund academic support and college transition services to be implemented in fiscal year 2005, and operated by public institutions of higher learning or by public- private partnerships in the commonwealth, for students in the graduating class of 2004 who have completed high school but have not yet obtained a competency determination as defined in section 1D of chapter 69 of the General Laws as measured by the MCAS assessment instrument authorized by section 1I of said chapter 69, but who are working to pass the English and math MCAS tests, obtain a competency determination, and earn a high school diploma; provided further, that for the purpose of said programs, appropriated funds may be expended through August 31, 2005 to allow for summer remediation programs; provided further, that funds shall be expended for a competitive grant program to fund so-called Pathways programs targeting eleventh and twelfth graders, instituted by One Stop Career Centers, including but not limited to school-to-work connecting activities creating worksite learning experiences for students as an extension of the classroom, outreach programs for students who will need post-twelfth grade remediation to attain the skills necessary to pass MCAS, and counseling programs to educate parents and high school students on post-twelfth grade remediation options; provided further, that funds shall be expended for a competitive grant program, guidelines for which shall be developed by the department of education, for intensive remediation programs, in communities with students in the graduating classes of 2004, 2005 and 2006 who have not obtained a competency determination on either the tenth grade English or math MCAS exams; provided further, that the department of education may give preference for such assistance to those districts with a high percentage of high school students scoring in level one on the MCAS exam in English and math; provided further, that eligible applicants shall include individual high schools, and those institutions which shall have partnered with a high school or group of high schools, including but not limited to, institutions of public and private higher education, providers of adult basic education services, career centers, other public and private educational services organizations, including, but not limited to, JFY. Net, and after-school programs with a structured academic component and focused on MCAS remediation operated by public and non-public entities including, but not limited to, members of the national alliance of boys and girls clubs; provided further, that no district shall receive a grant from this appropriation until said district submits to the department of education a comprehensive district plan pursuant to the provisions of section 1I of chapter 69 of the General Laws, to improve performance of all student populations including, but not limited to, students with disabilities; provided further, that no less than $4,000,000 shall be expended for targeted intervention in districts at risk of or determined to be under-performing in accordance with section 1J and 1K of chapter 69 of the General Laws; provided, further, that targeted intervention funds shall not be expended in any school or district that fails to file a comprehensive district plan pursuant to the provisions of section 1I of chapter 69 of the General Laws; provided, further, that targeted intervention funds in said districts may be expended on preventive remediation in grades eight through ten, on any student who failed the English or math MCAS in the eighth grade; provided, further, that targeted intervention funds may be expended on grants which allow for the implementation of whole school reform in said schools and districts; provided, that the department shall only approve reform plans with proven, replicable results in improving student performance; provided, further, that no funds shall be expended on targeted intervention unless the department shall have approved, as part of the comprehensive district improvement plan, a professional development plan which provides for professional development among teachers of the same grade levels and teachers of the same subject matter across grade levels, and which focuses on improving skills in the teacher’s subject areas, and on providing teachers with research based strategies for increasing student success; provided, further, that funds from any targeted intervention grant may be used to partially offset the cost of said professional development: provided, that preference in the awarding of said funds shall be given to professional development in math and English content skills, with a proven record of success, and to intervention strategies which are research based and replicable; provided further, that any grant funds distributed from this item to a city, town or regional school district shall be deposited with the treasurer of such city, town, or regional school district and held in a separate account and shall be expended by the school committee of such city, town, or regional school district without further appropriation, notwithstanding any general or special law to the contrary; provided further, that not less than $20,000 shall be expended for a Brown Eyes Blue Eyes Pilot Project, linking performance to perception to improve MCAS scores by teaching children how to recognize faulty stereotypes inherent in racism for schools in Falmouth, Mashpee, Bourne, Barnstable and Springfield; provided further, that not less than $60,000 be expended to Casa Dominican in Lawrence; provided further that not less than $60,000 be expended for the Lawrence Learning Center and Community Development in the City of Lawrence; provided further, that not less than $60,000 shall be expended for Centro Latino de Chelsea to provide adult basic education services in the city of Chelsea; provided further, that the department shall issue a report, no later than February 1, 2005 and annually thereafter as a condition of continued funding under this account, in collaboration with the board of higher education, describing MCAS support programs for the graduating classes of 2003, 2004, 2005 and 2006 funded by items 7061-9404 and 7027-0019, school to work accounts, institutions of public higher education, and other sources, including federal sources; provided further, that such report shall include but not be limited to, the number of students eligible to participate in such programs, the number of students participating in such programs, the number of students who have passed the MCAS assessment and obtained a competency determination through these programs, but not met local graduation requirements, and the number of students who have passed the MCAS assessment and obtained a competency determination through these programs and met local graduation requirements; provided further, that said report shall be provided to the chairmen of the house and senate ways and means committees and the house and senate chairs of the joint committee on education, arts, and humanities; provided further, that the department shall also submit by July 15, 2004 an updated version of the report filed pursuant to this line item in the fiscal year 2004 state budget and filed on January 24, 2004, relative to the academic support programs provided to students in the class of 2003 which shall include the above listed information; provided further that this report shall serve as the informational basis for a joint hearing on the progress and efficacy of these programs to be conducted by the house and senate committees on ways and means and the joint committee on education, arts, and humanities by September 1, 2004; and provided further, that the department may expend up to $350,000 to administer programs funded herein $15,000,000

and move further to amend the bill in section 2 by inserting after item 7061-9612 the following item:—

7061-9614 For the alternative education grant program established pursuant to section 1N of chapter 69 of the General Laws, as established in this act; provided that the commissioner shall allocate funds for both subsection A and B of said section 1N of chapter 69 1,000,000

and move further to amend the bill in section 2 by inserting after item 7061-9619 the following item:—

7061-9621 For the administration of a grant program for gifted and talented school 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 programs may be made available by a city, town, or regional school district................................ $99,999

and move further that the bill be further amended in section 2 by inserting after item 7061-9626 the following item:—

7061-9634 For matching grants to be administered by the department of education through the Massachusetts Service Alliance for public and private agencies with mentoring programs for the recruitment and training of mentors and for other supporting services including, but not limited to, academic support services; provided, that the department of education shall transfer the amount appropriated in this item to the Massachusetts Service Alliance for this purpose of such grants; provided further, that in order to be eligible to receive funds from this item, such public or private agency shall provide a matching amount equal to 1 dollar for every dollar disbursed from this item; provided further, that funds may be expended to support the mentoring activities of the planned learned achievement for youth program; provided further, that said Massachusetts Service Alliance shall submit a report detailing the expenditure of such funds and the amount and source of matching funds raised to the secretary of administration and finance and the house and senate committees on ways and means not later than December 29, 2004 $287,000

and to further amend the bill by striking out section 91 and inserting in place thereof the following section:-

Notwithstanding subsection (i) of section 89 of chapter 71 of the general laws or any other general or special law to the contrary, the commissioner of education may assess additional charter school tuition charges to the Hull, Nauset, and Up Island school districts’ net school spending not to exceed 13% of the Hull school district’s net school spending, 12% of the Up Island school district’s net school spending, and 11% of the Nauset regional school district’s net school spending in order to provide for the continuing education of students from said districts enrolled in charter schools as of October 1, 2004.

and move further to amend the bill in section 92 by inserting at the end thereof the following two paragraphs:—

In requests for tuition increases, except for those pursuant to extraordinary relief, the applicant shall notify relevant public schools and other public purchasers of the request prior to October first of the fiscal year in which the application is filed.

Upon the request of a program, the operational services division shall authorize a minimum price for the program to charge out-of-state purchasers. Said price shall be determined in the following manner: Said division shall identify the most recent price calculated for the program and apply the estimated rated of inflation which are established by December first of each year pursuant to section 274 of chapter 110 of the acts of 1993 in a compounded manner for each fiscal year following the most recent calculated price.

and move further to amend the bill by adding the following sections:—

SECTION. Chapter 40 of the General Laws is hereby amended by striking out section 4E, as appearing in the 2000 Official Edition, and inserting in place thereof the following section:—

Section 4E. Pursuant to the provisions hereof, two or more school committees of cities, towns and regional school districts may enter into a written agreement to conduct education programs and services which shall complement and strengthen the school programs of member school committees and increase educational opportunities for children. The school committees shall collaborate to offer such programs and services, and the association of school committees which is formed pursuant hereof to deliver such programs and services shall be known as an education collaborative. The purpose of the education collaborative shall be to enable school districts to operate more efficiently and economically; assist school districts in improving student performance; and implement initiatives assigned by the general court or the commissioner of education. The education collaborative shall have a board of directors which shall have the power to select and terminate the executive director of the collaborative, to review and approve budgets for the collaborative and to establish policies for the collaborative which are consistent with the requirements of the law. The board of directors shall be comprised of one person appointed by each member school committee. Such person shall be either a school committee member or designee or the superintendent of schools. Each board member shall be entitled to one vote. The written agreement which shall form the basis of the education collaborative shall set forth the purposes of the program or service, the financial terms and conditions of membership of the education collaborative, the method of termination of the education collaborative and of the withdrawal of member school committees, the procedure for admitting new members and for amending the collaborative agreement, the powers and duties of the board of directors of the education collaborative to operate and manage the education collaborative and any other matter not incompatible with law which the member committees deem advisable. The agreement shall be subject to the approval of the member school committees and the commissioner of education. The commissioner of education shall develop in conjunction with collaborative directors and the Massachusetts Organization of Educational Collaboratives and promulgate a board of education approved policy on education collaboratives. Such policy shall be reviewed every five years by the board. Each board of directors of an education collaborative shall establish and manage a trust fund, to be known as an Education Collaborative Trust Fund, and each such fund shall be designated by an appropriate name. All monies contributed by the member municipalities, and all grants or gifts from the federal government, state government, charitable foundations, private corporations, or any other source, shall be paid to the board of directors of the education collaborative and deposited in the aforesaid Fund. The board of directors of the education collaborative shall appoint a treasurer who may be a treasurer of a city, town or regional school district belonging to such collaborative. Such treasurer shall be authorized, subject to the direction of the board of directors of the education collaborative, to receive and disburse all monies of the trust fund without further appropriation. The treasurer shall give bond annually for the faithful performance of his duties as collaborative treasurer in a form approved by the department of revenue and in such sum, not less than the amount established by said department, as shall be fixed by the board of directors of the education collaborative. The board of directors of the education collaborative in its discretion may pay compensation to the treasurer for his services. No member of the board of directors of the education collaborative shall be eligible to serve as treasurer of said collaborative. The treasurer of the education collaborative board of directors shall have the authority to make appropriate investments of the monies of the Education Collaborative Trust Fund consistent with the provisions of section 54 of chapter 44.The board of directors of the education collaborative shall have the authority to borrow money, enter into long-term or short-term loan agreements and mortgages, apply for and be eligible to receive state, federal or corporate grants or contracts subject to the approval of the collaborative board members. For the purpose of applying for and receiving state, federal, or corporate grants or contracts only, education collaboratives shall be considered education service agencies. The board of directors of the education collaborative shall employ, and fix the compensation of an executive director. The executive director shall manage the education collaborative in a fashion consistent with state and federal law, board of education regulations, and policy determinations of the board of directors. The executive director, consistent with the collaborative's policies and budgetary restrictions, shall be responsible for hiring, supervising, overseeing, and terminating all personnel employed by the collaborative. The education collaborative shall be deemed to be a public employer, the representative of which is the board of directors. No person shall be eligible for employment by said collaborative as a teacher of children with intense special needs, teacher of children with special needs, teacher, guidance counselor, school psychologist, school adjustment counselor, school social worker, school nurse, supervisor or director unless he has been granted by the commissioner a provisional or standard certification pursuant to section 38G of chapter 71 or an approval under regulations promulgated by the board of education under chapter 71B or chapter 74 with respect to the type of position for which he seeks employment. The executive director of the collaborative shall implement the regulations and guidelines issued pursuant to section 38G of chapter 71. The provisions of sections 41, 42, 42 D and 43 of Chapter 71 shall apply to each category of employees named in those sections who serve in education; provided however, that these provisions shall only apply to employees of collaboratives hired on or after July 1, 2006. A board of directors of an education collaborative may, upon its request, be exempted by the board of education for any one school year from the requirements of this section to employ certified or approved personnel when compliance therewith would in the opinion of the board constitute a great hardship. Pursuant to Section 2 of Chapter 132 of the Acts of 1981, this paragraph shall not apply to any person employed by an education collaborative on the effective date of that act. An employee or volunteer of an education collaborative shall be immune from liability to the same extent as an employee or volunteer of a school district. The education collaborative shall be deemed to be a public entity, subject to or exempt from taxation in the same manner as a city, town or regional school district, and shall have standing to sue and be sued to the same extent as a city, town, or regional school district. An education collaborative, acting through its board of directors, may enter into contracts for the purchase of supplies, materials, services, and for the purchase, sale or leasing of land, buildings and equipment as deemed necessary by such board of directors. A school committee of any city, town or regional school district may authorize the prepayment of monies for any educational program, or service of the educational collaborative, to the treasurer of an education collaborative, and the city, town or regional school district treasurer shall be required to approve and pay such monies in accordance with the authorization of the school committee.

SECTION. Section 72 of chapter 44 of the General Laws, as most recently amended by section 50 of chapter 127 of the acts of 1999, is hereby amended by striking the fifth sentence and inserting in place there of the following sentence:- Notwithstanding the provisions of any general or special law to the contrary, any funds received by a city, town or regional school district pursuant to the provisions of this section shall be considered unrestricted revenue of the city, town or regional school district; provided, that a city or town shall deposit in a separate account for expenditure by the school committee no less than 50 percent of any such amount; provided further, that no school committee shall receive a smaller percentage of such amount than it received during fiscal year 2003; provided further, that a school committee may make expenditures from said separate account for any lawful educational purpose without further appropriation; provided further, that any expenditure from said account on items qualifying as net school spending shall supplement, and not substitute for, the net school spending requirement of the district; and provided further, that the receipt of such funds shall not affect the calculation of the minimum required local contribution and state school aid as defined in section 2 of chapter 70.

SECTION. Chapter 69 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after section 1M, the following section:—

Section 1N.
(a) The department of education, hereinafter referred to as the department, shall establish a grant program, subject to appropriation, to be known as the alternative education grant program for the purpose of providing grants to assist school districts, and Horace Mann and commonwealth charter schools with the development and establishment of alternative education programs and services to students suspended or expelled from school. The grants shall support the development of alternative education programs which would: (1) allow school districts to coordinate efforts to establish interdistrict regional alternative education collaboratives to provide educational services to suspended or expelled students; or (2) establish a district based alternative education program for such students. The grants may also be used to encourage the use of technology in alternative education programs. Such grants shall also encourage voluntary expansion of existing alternative education programs throughout the commonwealth, and shall be used to provide alternative education programs for students who are at risk of educational failure due to truancy, or dropping out of school. Grants may also be used to assist in developing programs that provide a continuum of approaches to address behavior issues such as behavior specialists, in-school suspension rooms and crisis centers, in addition to out-of-school alternative settings.

Programs designed under such grants shall be developed at the middle and high school levels and shall afford students the opportunity to earn a high school diploma in accordance with the provisions of section one D, and to be taught to the same academic standards and curriculum frameworks established for all students in accordance with the provisions of sections one D and one E. Such programs shall make use of existing resources in school districts, educational collaboratives, community colleges, and other agencies, service providers, and organizations. Programs shall be designed as placements that, at a minimum, educate students to the same academic standards and curriculum frameworks as taught to all students, address behavioral problems, utilize small class size, address individual needs and learning styles, provide engaging instruction and a supportive environment, and, where appropriate, utilize flexible scheduling. The programs shall also provide a comprehensive array of social services to support a student's remediation of issues that cause school failure, excessive absenteeism, truancy and school dropout. Grant recipients shall develop remediation plans for students that address both academic and behavioral issues. Grants may also be made available for in-school regular education programs that include self-improvement, behavior management and life skills training to help provide students with tools to better manage their lives and attitudes, to support programs that use family-based approaches, and to assist students and teachers during the transition of students back into regular education classrooms.

Any grants awarded pursuant to this subsection, shall require that recipients undertake ongoing program evaluations that document the effectiveness of the program in helping students to achieve academically to the same academic standards and curriculum frameworks required for all students, to develop self-management skills, and to reintegrate and remain in regular education classrooms. In awarding grants, priority shall be given to programs that employ interventions that have been empirically validated.

The department shall establish guidelines governing the alternative education grant program. Such guidelines shall include, but not be limited to, a provision that when a student is transferred to an alternative education program a representative of the school district shall meet with the student and the student's parents or legal guardian to develop an agreement that specifies the responsibilities of the school, the student and the student's parents or legal guardian. The agreement shall, at a minimum, include:
(1) a remediation plan to address both academic and behavioral issues;
(2) a plan for frequent evaluations and assessments of the student's adjustment, and academic achievement and progress;
(3) a requirement that the parents or legal guardian of the student attend specified meetings or conferences with teachers, or utilize such other means of communication as determined necessary to facilitate communication, to review and assist in the student's progress;
(4) any timetable for reintegrating the student into a regular education classroom;
(5) the student's and the parents' or legal guardian's acknowledgement that they understand and accept the responsibilities imposed by the agreement.

(b) The department shall establish a grant program, subject to appropriation, to assist school districts with the development and establishment of in-school regular education programs and services to address within the regular education school program the educational and psycho-social needs of children whose behavior interferes with learning, particularly those who are suffering from the traumatic effects of exposure to violence. As used in this subsection, students suffering from the traumatic effects of exposure to violence shall include, but not be limited to, those exposed to abuse, family or community violence, war, homelessness or any combination thereof. The grants shall support the development of school based teams with community ties that: (1) collaborate with broadly recognized experts in the fields of trauma and family, community violence and with battered women shelters; (2) provide ongoing training to inform and train teachers, administrators, and other school personnel to understand and identify the symptoms of trauma; and (3) evaluate school policy and existing school and community programs and services to determine whether and to what extent students identified as suffering from exposure to trauma can receive effective supports and interventions that can help them to succeed in their public school programs, and where necessary be referred quickly and confidentially to appropriate services.

Grants may also be awarded to assist school districts in developing comprehensive programs to help prevent violence in schools, from whatever causes, and to promote school safety. Such programs shall be designed to meet the following objectives: creating a school environment where students feel safe and that prevents problems from starting; helping students to take the lead in keeping the school safe; ensuring that school personnel have the skills and resources to identify and intervene with at-risk students; equipping students and teachers with the skills needed to avoid conflict and violence; and helping schools and individuals to reconnect with the community and share resources.

The department shall develop guidelines governing the implementation of the grant program authorized by this subsection. Any grants awarded pursuant to this subsection, shall require that recipients undertake ongoing evaluations of the effectiveness of the program. In awarding grants, priority shall be given to programs that are based on empirically validated interventions.

The department of education, in consultation with the department of public health and the department of mental health, shall establish an advisory committee to assist in implementing the grant program and in assisting pubic schools in addressing the learning and behavior problems of students who manifest trauma-related symptoms and/or classroom behavior that interferes with learning. Members of said advisory committee shall include but not be limited to: three educators, one of whom shall serve as the chair, appointed by the commissioner of the department of education; two leaders in the field of trauma and its relationship to school learning and behavior appointed by the commissioner of the department of public health, two leaders in mental health with expertise in family and/or community violence appointed by the commissioner of mental health; one leader in battered women's services appointed by the commissioner of public health; one leader in the area of homelessness and its impact on children appointed by commissioner of mental health, three parents one each appointed by the commissioner of education, the commissioner of public health, the commissioner of mental health. The advisory committee, at its discretion, may select additional members with relevant experience including but not limited to child advocates, medical doctors and representatives of juvenile and probate court.

(c) The commissioner shall evaluate annually the effectiveness of programs established under this section including the potential for replicating such programs throughout the commonwealth. Such evaluations shall also examine whether students in alternative education programs funded under this section are being taught to the same academic standards required for all students, how much time students are spending in such programs, the racial profile of expelled or suspended students, and the percentages of such students who are in special education or bilingual education. The commissioner shall also provide technical assistance to school districts seeking to replicate programs funded under this section, and shall provide training for teachers in the development of effective remediation plans for students in alternative education, and in the development of skills, techniques, and innovative strategies to assist such students. In evaluating programs funded under subsection (b), the commissioner shall consult with the department of public health, the department of mental health, and the advisory committee established pursuant to said subsection.

SECTION. Subsection (c) of section 5A of chapter 71B, as amended by chapter 26 of the acts of 2003, is hereby amended by striking out, in the fourth sentence, the word "current" and inserting in place thereof the following word:— “previous”

SECTION. Chapter 28 of the Acts of 2002 is hereby amended in section 2 by striking out the words "2 Years" and inserting in place thereof the following words:— "4 Years"

SECTION. Notwithstanding any general or special law or regulation to the contrary, the Department of Education shall conduct a feasibility study on restrictions on advertisements on public school modes of transportation, specifically the prohibition of advertisements for beverages with added artificial or refined sweeteners; candy; processed foods containing more than 35 percent of calories from fat, more than 10 percent of calories from saturated fat, or more than 35 percent sugar by weight; and products from fast foods restaurants. The report shall include but not be limited to: the current restrictions on such advertisement, if any, the effects on school districts ability to raise revenue through advertisements if soda, artificial sweeteners, candy, and fast foods were disallowed, and recommendations on further products and forms of entertainment that would be inappropriate to advertise to school age students. This report shall be filed with the Joint Committee on Education, Arts and Humanities, the Joint Committee on Health Care, and the Joint Committee on Ways and Means by January 15th, 2005. The commission shall review all federal highway safety bureau regulations as they apply to school bus safety standards pertaining to lettering which is appropriate to be placed on Class I and Class II school buses.

SECTION. Notwithstanding any general or special law or regulation to the contrary, there is hereby established a special commission to investigate and study middle education in the Commonwealth of Massachusetts, including, but not limited to, the following: a study of progress on implementation of the recommendations included in the 1993 Department of Education "Magic in the Middle" report; a review of the pertinent research and effective best practice; and recommendations to improve standards based middle level teaching and learning, including review and analysis, and recommendations of middle level education as related to curriculum frameworks, teacher licensure, high standards and achievement articulation between elementary and high school levels, and department of education middle level support services. The commission shall consist of the House and Senate chairs of the Joint Committee on Education, Arts and Humanities, who shall serve as co-chairs of the commission, three members of the Senate appointed by the Senate President, five members of the House of Representatives appointed by the Speaker, the Commissioner of Education or his designee, and ten persons to be appointed by the Governor. The Governor shall choose from recommendations made by the appropriate organizations representing members of each of the following categories: not less than one superintendent, not less than one middle school principal recommended by the Massachusetts Secondary School Administrators Association (MSSAA), not less than one member of a school committee, not less than one member of the New England League of Middle Schools (NELMS), not less than one parent of a middle school child and not less than three middle school teachers, two to be recommended by the Massachusetts Teacher Association (MTA) and one by the Massachusetts Federation of Teachers (MFT).The commission may accept and expend any appropriations, grants of money, professional, consultant, clerical and other services and supplies for the Commonwealth in the course of its investigation and study. The commission shall submit a report and its recommendations, if any, together with any drafts of legislation necessary to carry such recommendations into effect, by filing the same with the clerks of the Senate and House of Representatives, and the Joint Committee on Education, Arts and Humanities, not less than November 24, 2004.

SECTION. Notwithstanding any general or special law or regulation to the contrary, there is hereby established a special commission to study and report on methods to reduce the cost of transportation for students with disabilities to out-of-district special education placements. Said commission shall consist of 3 members of the House of Representatives, 3 members of the Senate, one representative each from the Operational Services Division of the Division of Purchased Services, the Department of Education, the Massachusetts Association of School Superintendents, the Massachusetts Association for Special Education Administrators, the Massachusetts Organization for Educational Collaboratives, the Massachusetts Association of C766 Approved Private Schools and the School Transportation Association of Massachusetts. The scope of the commission's inquiry shall include, but shall not be limited to: the regulation of reasonable and allowable transportation costs by the Operational Services Division, the use of educational collaboratives to coordinate and/or provide transportation services to students with disabilities to out-of-district programs and the establishment of regulations by the Department of Education to permit the exchange of student information necessary to coordinate transportation routes to out-of-district programs. The commission shall submit its report to the House and Senate Committees on Ways and Means and the Joint Committee on Education, Arts, and Humanities not later than January 30, 2005 , along with drafts of any legislation.

SECTION. Notwithstanding any general or special law or regulation to the contrary, there is hereby established a special commission to study and report on the revision of the Massachusetts Municipal Medicaid program to maximize federal Medicaid reimbursements for special education costs and the availability of private health insurance for medically necessary services to students with disabilities. Said commission shall consist of 3 members of the House of Representatives, 3 members of the Senate, one representative each from the Department of Education, the Executive Office of Health and Human Services, the Group Insurance Commission, the Massachusetts Association of School Superintendents, the Massachusetts Association for Special Education Administrators, the Massachusetts Organization of Educational Collaboratives and the Massachusetts Association of C766 Approved Private Schools, and the Massachusetts Association of Health Plans and Blue Cross Blue Shield of Massachusetts.. The scope of the commission’s inquiry will include, but not be limited to: revising the Massachusetts Municipal Medicaid program to maximize federal Medicaid reimbursements for the cost of special education services to Medicaid eligible students with disabilities and amending insurance law to provide that insurers cannot exclude medically necessary services solely because such services are included in a child’s special education plan. The commission shall submit its report to the House and Senate Committees on Ways and Means and the Joint Committee on Education, Arts and Humanities not later than January 30, 2005 along with drafts of any legislation.
SECTION. Notwithstanding any general or special law or regulation to the contrary, there is hereby established a special commission 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.

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

SECTION. Notwithstanding any general or special law to the contrary, the Department of Education shall submit recommendations to the legislature regarding amending Section 1 B of chapter 69 of the General Laws to require all children under the age of 18 to attend school if they have not graduated. Recommendations shall include the estimated costs to regional, vocational and school districts and shall include possible specific exemptions to this requirement. A report shall be submitted to the Joint Committee on Education, Arts and Humanities and the Joint Committee on Ways and Means by January 15, 2005.

SECTION. Notwithstanding any general or special law to the contrary there is hereby established a special commission on child nutrition and physical activity that may develop and recommend to the board of education model, voluntary school district policies on nutrition and physical activity. The committee shall include the house and senate chairs of the joint committee on education, arts, and humanities, who shall serve as co-chairs of the commission, the house and senate chairs of the joint committee on health care, one member of the house of representatives to be appointed by the speaker, one member of the house of representatives to be appointed by the chair of the house committee on ways and means, one member of the house of representatives to be appointed by the house minority leader, one member of the senate to be appointed by the president, one member of the senate to be appointed by the chair of the senate committee on ways and means, and one member of the senate to be appointed by the senate minority leader. In producing its report, the committee shall take testimony from school committee members, school administrators, food service directors, food service staff, parents of students in the school district, students, physical and health education teachers, dietitians, health care professionals and interested community members. In developing the policy, the committee shall hold at least one public hearing. The policies suggested by said special commission shall address issues and goals, including, but not limited to all of the following:
(1) Nutritional standards set forth by the United States Department of Agriculture;
(2) Encouraging fundraisers that promote good health habits and discouraging fundraisers that promote unhealthy foods;
(3) Ensuring that no student is hungry;
(4) Nutritional standards;
(5) The availability of fresh fruits and vegetables, including provisions that encourage schools to make fruits and vegetables available at all locations where food is sold;
(6) Ensuring, to the extent possible, that the food served is fresh;
(7) Encouraging eligible pupils to participate in the school lunch program;
(8) Integrating nutrition and physical activity into the overall curriculum;
(9) Professional development for food services staff;
(10) Time allowed for students to eat lunch and breakfast;
(11) Healthful levels of vigorous physical activity for students;
(12) Nutrition education;
(13) Physical education curricula and increasing training of physical education teachers;
(14) Existing physical education requirements;
(15) Encourage healthy eating by students and reduce dependency on generating profits for the school from the sale of unhealthy foods;
(16) Increasing the availability of organic fruits and vegetables and school gardens;
(17) Collaborating with local farmers' markets;
(18) Examining the safe routes to schools program and making recommendations in regard thereto to the executive office on transportation and construction.

CONSOLIDATED AMENDMENT "I": CHARTER SCHOOLS

Ms. St. Fleur of Boston and other members of the House move to consolidate amendments 250, 251, 371, 374, 438, 785, 854, 887, 962, 963 and 999 and move to amend the bill by adding at the end thereof the following section:-

“SECTION XXX .

Notwithstanding the provisions of any general or special law to the contrary, the authority of the board of education to grant commonwealth charters to any applicant pursuant to section 89 of chapter 71 of the general laws is suspended until July 31, 2005, or until such time as a new tuition formula consistent with the recommendations of the house and senate working group authorized in this section has been enacted into law. During said period, the board of education shall not authorize additional enrollment, beyond that approved by the board prior to January 1, 2004, in any existing or previously authorized commonwealth charter school. Further, the approval of the commonwealth charters by the name of Advanced Math and Science Academy Charter School, Community Charter School of Cambridge, KIPP Academy Lynn Charter School, Berkshire Arts & Technology Charter School, and the Salem Academy Charter School made prior to passage of this act are hereby suspended and the charter schools so named shall not be allowed to open until the Department of Education, after this period of suspended authority, conducts a full review of the application and authorization process of the commonwealth charters named above to insure that the letter and spirit of the laws governing those processes have been followed by the Department and Board of Education.
There is hereby established a house and senate working group to study all aspects of, make recommendations on how to improve, and develop legislation to change, the current tuition financing system for charter schools. The first meeting of the working group shall take place within 30 days of the passage of this act. The working group shall consist of the speaker of the house of representatives, or his designee, the president of the senate, or his designee, the minority leaders of the house and senate, or their designees, the house and senate chairs of the joint committee on education, arts, and humanities, and the chairs of the house and senate committees on ways and means. Based on the findings of its study, the working group shall make recommendations on how the existing financing system can be improved in order to more closely align the funds sent to charter schools from state and local sources with the funds that would have been expended on the education of the charter school students if they remained in the districts from which they are drawn. The recommendations shall reflect actual costs associated with the grade level, program participation, and demographic profile of students attending charter schools, including all capital costs, transportation costs and other factors which contribute to the actual cost of educating these students. The working group shall also examine the relationship between charter funding and state education funding under the provisions of Chapter 70 of the General Laws, and shall ensure that any recommendations for changes in charter school funding are consistent with the principles, objectives, and formulas embodied in the funding formula under Chapter 70. Any legislation proposed by the working group shall require that funding be reflective of the grade level, program participation, and demographic profile of the actual students enrolled in charter schools. The working group shall compile data which compares the demographic profile and educational needs that characterize charter school students with those that characterize students in the districts from which they are sent. The working group shall solicit advice from such persons and entities as they deem necessary, including the department of education, as well as associations representing superintendents, school budget officers, municipal officials, and charter schools. The working group shall file a report containing its recommendations, including legislation necessary to carry out its recommendations, with the joint committee on education, arts, and humanities on or before December 1, 2004.

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