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Floor Number: 451 Clerk Number: 746

CHOICE IN AUTOMOBILE INSURANCE

Messrs. Tolman and Joyce move to amend the bill by inserting, after Section 362, the

following new Section:-

"SECTION 363.

SECTION 1. The purpose of this act is to restructure the Massachusetts automobile insurance system by the addition of an option of full no-fault bodily injury insurance policy to our current partial no-fault policy (hereinafter referred to as "partial personal injury protection").
This bill is filed in conjunction with three other bills, the intentions of which are:
to establish a special research commission to evaluate competition in the automobile insurance market;
to limit liability settlements for uninsured motorists (commonly known as "no-pay, no-play"); and,
to increase the funding and staffing of the Division of Insurance.
Many other concerns, such as the handling of group coverages, increased penalties for insurance fraud, regulation of medical providers, and formation of an insurance consumers' association, are likely to be the subjects of other bills to be submitted to the Joint Insurance Committee and to the Legislature. The absence of any mention of those other concerns in these four bills is in no way intended to minimize the significance of these other concerns or to indicate either approval or disapproval of the changes proposed in those other bills. Rather, it is the stated intent of this bill to focus attention solely on the specific areas of choice/no-fault and greater affordability for urban insureds, with the objective that these specific features be incorporated into the final composite proposed legislation of the Joint Insurance Committee, along with any others of the above-mentioned concerns, for presentation to the Legislature for their consideration and approval.
SECTION 2. In order to apply the definitions of Chapter 34A of the General Laws to the new sections added herein, Section 34A of Chapter 90 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out, in line 2, the words "thirty-four N" and inserting in place thereof the words: "thirty-four V".
SECTION 3. In order to add new definitions to Chapter 90 of the General Laws, Section 34A of Chapter 90, as above, is hereby further amended by inserting the following:
After line 2, add the following:
"Accidental bodily injury", bodily injury, sickness, disease, or death re sulting therefrom, arising out of the ownership, operation, or use of a motor vehicle, or while occupying such vehicle, which is accidental as to the person injured.
After line 243, add the following:
"Partial personal injury protection", a personal injury protection policy which includes recovery for pain and suffering as described in section 6D of chapter 231, and for which the minimum level of coverage per person, as referred to above, is at least eight thousand dollars.
"Full personal injury protection", a personal injury protection policy which does not include recovery for pain and suffering as described in section 6D of chapter 231, and for which the minimum level of coverage per person, as referred to above, is twenty thousand dollars.
SECTION 4. In order to establish the minimum personal injury protection limits, Section 34A of Chapter 90, as above, is hereby further amended by striking out, in line 155, the words "of at least eight thousand dollars" and inserting in place thereof the following words: "of the amount specified herein below".
SECTION 5. In order to prescribe a personal injury protection death benefit of seven years of income, as limited by the selected benefit limits, Section 34A of Chapter 90, as above, is hereby further amended by inserting, after the words "preceding the accident." in line 175, the following:
In the event of death as described above, death benefits shall be paid to the estate of the insured or obligor, as limited by the compensation benefit limits of the applicable policy in effect, as follows: for those persons entitled to wages or salary, the amount shall be seven times the wages or salary of the twelve-month period immediately preceding the accident; and for those persons not entitled to wages or salary, the amount shall be seven times their income for work performed during the twelve-month period immediately preceding the accident or seven times the amount of their average twelve-month income for the last thirty-six months immediately preceding the accident, whichever is greater.
SECTION 6. In order to add new sections to Chapter 90 relative to the choice of partial personal injury protection or full personal injury protection, to exclusions from personal injury protection benefits, to the priority of claims, to the verification of benefits, and to proceedings involving out-of-state policies, Chapter 90, as above, is hereby amended by adding after Section 34R the following new sections:
Section 34S. Choice of a partial personal injury protection policy or a full personal injury protection policy.
(a) Upon the earliest and first renewal of any applicable motor vehicle insurance policy on or after the effective date of this act, or prior to the issuance of a policy required by this act, a choice must be made of a partial personal injury protection policy or of a full personal injury protection policy as described in section 34A. A choice made pursuant to this act is binding with respect to any continuation, renewal, or reinstatement of an applicable motor vehicle insurance policy, and continues with respect to any policy or policies which extend, change, supersede, or replace the policy unless a named insured subsequently makes a different choice in writing. A choice by a named insured shall be on a form approved by the commissioner of insurance and provided by the insurer.
(b) A choice by one named insured binds all the other insureds listed on that policy and all other resident relatives pursuant to the rules of subsection (c) below.
(c) (1) If there are two or more policies in the household, each with a different named insured, each such person shall have the right to choose either a partial personal injury protection policy or a full personal injury protection for himself or herself. That person's choice shall determine that person's right no matter which vehicle he or she is occupying or which vehicle he or she might be struck by. The rights of all resident relatives of those named insureds who are not motor vehicle owners shall be governed by the choice applicable to the motor vehicle which they were occupying at the time of injury, if that vehicle was owned by a resident relative.
(2) In the event of a bodily injury occurring after the effective date of this law, but prior to the effective date of the earliest and first renewal of a motor vehicle insurance policy requiring a choice, the partial personal injury protection policy will be applicable.
(3) In the event of a conflicting choice within the household creating questions as to the applicability of a partial personal injury protection policy or a full personal injury protection policy, the personal injury protection policy will be applicable.
(d) The choice between a partial personal injury protection policy and a full personal injury protection policy shall be applicable to every motor vehicle of the owner. In the event an owner of more than one vehicle chooses different alternatives, the latest choice prior to the accident giving rise to a claim governs and, in the event of simultaneous choices, the partial personal injury protection policy governs. If any person fails to choose prior to a motor vehicle accident, and subsection (c) (2) above does not apply, he or she is conclusively presumed to have chosen the partial personal injury protection policy as described in Section 34A.
(e) Said choice or otherwise being bound to a partial personal injury protection policy or full personal injury protection policy shall be considered voluntary. Provided that the insured shall have completed the form described in Section 17 of this act, no agent, broker, insurer, or employee of an agent, broker, or insurer shall be held liable for damages resulting from the election or failure to elect, unless that person's conduct is or was willful or wanton.
Section 34T. Priority of claims.
Subject to section 34S, the priority of claims applicable to an injury shall be as follows:
(a) The priority of claims shall be as follows:
(1) An occupant of a motor vehicle who suffers bodily injury shall be covered by the motor vehicle insurance policy under which he or she is insured as a named insured or resident relative.
(2) In the event that an occupant is not insured under a motor vehicle insurance policy in (1) above, the occupant shall be covered under the owner's motor vehicle insurance policy.
(3) In the event that neither (1) nor (2) above apply, the occupant shall be covered under the operator's motor vehicle insurance policy. Provided, however, if the injury occurs in a motor vehicle being used in the business of transporting people for a fee, or in a motor vehicle furnished by the injured person's employer, the injured person has the choice of claiming under the personal injury protection policy applicable to the vehicle instead of his or her own coverage.
(b) Once said choice is exercised by the injured person as set forth in subsection (a), then in no event shall the limit of liability for any uninsured motorists coverage which would possibly apply, be added to or stacked upon the personal injury protection policy which applies to the injured person's choice.
(c) An insurer may exclude coverage under a personal injury protection policy where the named insured or any resident relative who does not own a motor vehicle is injured while occupying a motor vehicle owned by the named insured but which is not described in that insurance policy's declaration page.
Section 34U. Verification of entitlement benefits.
(a) Every employer shall furnish the information on a form approved by the commissioner regarding an employee who has filed a claim for personal injury protection benefits if a request is made by an insurer providing such benefits under this chapter.
(b) Every physician, hospital, clinic, or other medical institution providing, before or after an injury resulting from a motor vehicle accident, upon which a claim for personal injury protection benefits is based, any products, services, or treatment in relation to that or any other injury, or in relation to a condition claimed to be connected with that or any other injury shall, if requested to do so by the personal injury protection insurer against whom the claim has been made, furnish a written report of the history, condition, and treatment, and the dates and cost of such treatment, of the injured person. Such information shall be provided together with a sworn statement that the treatment of services rendered were reasonable and necessary with respect to the injury sustained and identifying which portion of the expense for such treatment or services was incurred as a result of such injury. Every such physician, hospital, clinic, or other medical institution shall also promptly produce and permit the inspection and copying of its records regarding such history, condition, and treatment, and the dates and costs of treatment. The sworn statement required under this section shall read as follows:
"Under penalty of perjury I declare that I have read the foregoing and the facts alleged are true, to the best of my knowledge and belief."
No cause of action for violation of a physician-patient privilege or invasion of the right of privacy is allowed against any physician, hospital, clinic, or other medical institution complying with the provisions of this section. The person requesting records and a sworn statement under this subsection shall pay all reasonable costs connected therewith.
(c) In the event of any dispute regarding the personal injury protection insurer's right to discovery of facts about an injured person, a court of record may enter an order for such discovery as justice requires.
Section 34V. Out-of-state policies.
(a) Each insurer authorized to transact or transacting business in this state shall file with the commissioner, as a condition of its continued transactions of business with the Commonwealth, a form approved by the commissioner declaring that any contract of motor vehicle liability insurance, wherever issued, covering the maintenance or use of a motor vehicle while the motor vehicle is in this state is deemed to provide the insurance required for traditional liability policies issued in this state, unless the named insured, prior to a motor vehicle accident within this state, has chosen a personal injury protection policy under this chapter in which case the out-of-state policy is deemed to provide the insurance required for a personal injury protection policy. Any nonadmitted insurer may also file such a form.
(b) A person whose policy is deemed to incorporate the traditional liability policy requirements under subsection (a) shall be deemed to be a traditional liability policy insured under this act. A person whose policy is deemed to incorporate the personal injury protection policy requirements under subsection (a) shall be deemed to be a personal injury protection insured subject to this act. If a policy under subsection (a) also provides coverage in excess of or in addition to that required for a traditional liability or a personal injury protection policy, that excess or additional coverage shall also apply.
SECTION 7. In order that consumers be as fully aware as possible of the consequences of the choices of partial personal injury protection and full personal injury protection, Chapter 175 of the General Laws, as above, is hereby amended by adding after Section 3C the following new section:
Section 3D. The Commissioner of Insurance shall conduct, or cause the insurance companies to conduct, effective ongoing informational programs in order to assist the public to understand the choices of partial personal injury protection and full personal injury protection available to an insurer or obligor relative to automobile insurance, as described in Chapter 90, and the ramifications of these choices. Such informational programs shall include, but not be limited to, information relative to the comparative costs of insurance under the personal injury protection policy and the full personal injury protection policy, and the benefits, rights, and obligations of insurers and insureds under each such policy.
The Commissioner of Insurance shall prepare a standardized form or forms on which an insured or obligor as above shall indicate, by initialing or in some other affirmative manner, that said insured or obligor understands the choices available to him or her, as described in said Chapter 90, and voluntarily accepts the ramifications of the selected choice. Said form or forms shall include the information relative to comparative costs, benefits, rights, and obligations described above. The Commissioner shall distribute a sample copy of such form or forms to all companies licensed to do motor vehicle insurance business in the Commonwealth. A copy of such form or forms shall be required to be completed as part of any new motor vehicle insurance contract, and of any change of choice of policy in such contract, between the company and the insured or obligor.
SECTION 8. In order to allow optional higher personal injury protection benefit levels, Section 113C of Chapter 175 of the General Laws, as above, is hereby amended by inserting after line 26 the following words:
Similarly, such insurers shall offer additional personal injury protection coverage beyond that required by section thirty-four A of chapter ninety, to bring such benefit levels up to fifty thousand dollars ($50,000), one hundred thousand dollars ($100,000), two hundred and fifty thousand dollars ($250,000), five hundred thousand dollars ($500,000), and one million dollars ($1,000,000) for all eligible victims, and any other amounts determined by the Commissioner of Insurance to be reasonable, and of any combinations of these limits.
SECTION 9. In order to establish that any tort liability action against a full personal injury protection insured be pursued against the plaintiff's own insurance company under his/her uninsured motorist coverage, Section 113L of Chapter 175 of the General Laws, as above, is hereby amended by adding after subsection (2) the following subsection:
"(2a) Such uninsured motor vehicle coverage shall also include motor vehicles insured under a full personal injury protection policy as described in section 34A of chapter 90."
SECTION 10. In order to void the current monetary and verbal thresholds for full personal injury protection policies while maintaining them for partial personal injury protection policies, Section 6D of Chapter 231 of the General Laws, as above, is hereby amended as follows:
. By adding after the words "a plaintiff" in line 4 the words:
. "insured under a partial personal injury protection policy as described in section 34A";.
By adding at the end of the current section the words:
"A plaintiff insured under a full personal injury protection policy as described in section 34A is not eligible to recover for damages for pain and suffering."
SECTION 11. The provisions of this act are severable, and if any part of this act shall be adjudged unconstitutional or otherwise invalid by any court of competent jurisdiction, the validity of the remaining parts shall not be affected thereby.
SECTION 12. This act shall take effect nine (9) months from the date of its enactment, or on January first of the year two thousand and four, whichever date is later, except that any preparatory actions necessary to permit the sections of this act to be effective on that date shall be allowed to proceed prior to that date.

Floor Number: 452 Clerk Number: 145

ITEM PRICING I

Messrs. Lees, Knapik and Brown and Mrs. Sprague move to amend the bill by inserting, after Section ______, the following new Section:-
"SECTION ______. Said chapter 94, as so appearing, is hereby amended by inserting at the end thereof the following sections:-
Section 329A. (a) "Deputy director" shall mean the deputy director of the division of standards.
(b) "Person" shall mean an individual, firm, partnership, association or corporation.
(c) "Division" shall mean the division of standards.
(d) "Computer-assisted check out system" shall mean any electronic device, computer system or machine which determines the selling price of a stock-keeping item by interpreting its universal product code, or by any other use of a price look-up function.
(e) "Inspector" shall mean the deputy director or authorized agent to enforce the provisions of this chapter.
(f) "Item price" shall mean the lowest indicated price on a shelf tag, sign or advertisement.
(g) "Price look-up function" shall mean the capability of any checkout system to determine the retail price of a stock-keeping item electronically or by way of the manual entry into the system of a code number assigned to that particular unit by the retail store or by way of the checkout operator's consultation of a file maintained at the point of sale.
(h) "Retail store" shall mean a store selling stock-keeping units at retail. A store which is not open to the general public but is reserved for use by its members shall come within the provisions of this definition unless the members must pay a direct fee to the store to qualify for membership and the store is not required to collect sales tax on transactions with members. Pursuant to this section a retail store shall not include any store which:
1) has its only full-time employee the owner thereof, or the parent, or the spouse or child of the owner, or in addition thereto, not more than three employees; or
2) had annual gross sales in a previous calendar year of less than $5,000,000, unless the retail store is part of a network of subsidiaries, affiliates or other member stores, under direct or indirect common control, which as a group, had annual gross sales in the previous calendar year of $5,000,000 or more; or
3) engages primarily in the sale of food for consumption on the premises or in a specialty trade which the deputy director determines, by regulation, would be inappropriate for item pricing.
(i) "Sale items or weekend special" shall mean stock-keeping items offered for sale for a period of seven days or less in a retail store at a price below the price that the item is sold for 30 days previous to the start of the sale.
(j) "Stock-keeping unit" shall mean each group of items offered for sale of the same brand name, quality of contents, retail price, and variety:
1) food, including all material, solid, liquid or mixed, whether simple or compound, used or intended for consumption by human beings or domestic animals normally kept as household pets and all substances or ingredients to be added thereto for any purpose; and
2) napkins, facial tissues, toilet tissues, and any disposable wrapping or container for the storage, handling or serving of food, and
3) detergents, soaps, other cleansing agents, and cleaning implements, and
4) non-prescription drugs, feminine hygiene products and health and beauty aids.
(k) "Stock-keeping item" shall mean each item of a stock-keeping unit offered for sale.
(l) "Universal product coding" shall mean any system of coding which entails electronic pricing.

Section 329B. (a) Notwithstanding the provision of any law or regulation to the contrary, every person who sells, offers for sale or exposes for sale in a retail store a stock-keeping unit that bears a universal product code shall disclose to the consumer the item price of each stock-keeping item as defined in section 329A of this chapter.
(b) The following stock-keeping items need not be item priced as provided in subdivision (a) of this section and other applicable Massachusetts law provided that a shelf-price adjacent to the display is maintained for such stock-keeping items:
(1) Stock-keeping items, which are under three cubic inches in size, and weigh less than three ounces, and are priced under 50 cents,
(2) Items sold through a vending machine,
(3) Milk,
(4) Eggs,
(5) Loose fresh produce,
(6) Stock-keeping items, which are offered for sale in single packages and weighing three ounces or less,
(7) Stock-keeping items offered as a sale item or weekend special,
(8) Strained and junior size baby foods packaged in jars,
(9) Single cans or bottles of soda where the selling price for different flavors packaged for or by the consumer,
(10) Stock-keeping items, which are displayed for sale in bulk, which are either packaged for or by the consumer,
(11) Snack foods such as cakes, gum, candies, chips and nuts offered for sale in single packages and weighing five ounces or less,
(12) Food sold for consumption on premises, and
(13) Frozen juice and ice cream.
(c) The provisions of this section may be subsequently modified or amended by order
of the deputy director, either by adding or deleting stock-keeping units from the list of exemptions or by further directing the manner in which the selling price of exempted stock-keeping units shall be posted.

Section 329C. (a) No retail store shall charge a retail price for any exempt or non-exempt stock-keeping item which exceeds the lower of any item, shelf, sale or advertised price of such stock-keeping item. In the event that the price exceeds the lowest price a store is permitted to charge for a stock-keeping unit, the store will be subject to a penalty as described in this chapter and other applicable law at the discretion of the deputy director.
(b) In a store with a laser scanning or other computer assisted checkout system, the inspector shall be permitted to compare the item, shelf, sale, or advertised price of any one stock-keeping item within a stock-keeping unit sold in the store with the programmed computer price.
(c) The deputy director shall establish a randomized store inspection procedure designed to eliminate any bias in selecting stores to be inspected for price auditing purposes. However, any retail store may be inspected at any time upon complaint or if the deputy director has sufficient cause to audit a particular store or stores to ensure pricing accuracy.

Section 329D. (a) Every person, store, firm, partnership, corporation, or association which uses a computer-assisted checkout system and which would otherwise be required to item price as provided in section 329C of this chapter, sections 184B through 184E, inclusive, of chapter 94, or other applicable Massachusetts law, may make an application in writing to the deputy director for a waiver of said item pricing requirement. A separate application shall be required for each store. The deputy director, subject to the approval of the secretary of administration and finance, shall establish an annual registration fee, which must be submitted with the initial application and subsequent renewal. The deputy director shall approve or reject the application within 60 days from the date of receiving the application. If the application is rejected, the application fee shall be returned. The deputy director shall establish rules and regulations regarding the retail store's electronic pricing systems, signage, and other requirements, which all applicants must meet in order to become registered.
(b) The registration fee is based upon the number of cash registers in each store as set according to the following schedule:
Waiver Fee Per Cash Register:
1 to 3 cash registers $500
3 to 5 cash registers $750
3 to 7 cash registers $1,000
7 or more cash registers $2,000
(c) Waiver applications and the required fee must be received at the division by October 1, 2003, and annually thereafter. Stores that fail to comply with the required registration, will be subject to violations pursuant to sections 184B through 184E, inclusive, of chapter 94 or any other applicable law or regulation. New stores or establishments that did not previously hold waivers, may apply after the October 1, 2003 deadline.
(d) Systems approved by the deputy director must have means to provide an audit trail regarding item price changes that can be accessed by state enforcement agents upon request. All item prices once entered into the store's electronic pricing system shall remain unchanged for a minimum of 72 hours, unless the price is to be reduced or is the result of a gross pricing error.
(e) A waiver from item pricing shall be valid for a period of one year from the date of issuance. Stores must reapply annually for renewal of waiver at the rates established in subsection (a) of this section.
(f) Any registered retail store that fails to meet the state price accuracy standard of 98 per cent based on the price accuracy inspection procedure adopted by the division shall be re-inspected after thirty days of the initial inspection. If the store fails upon re-inspection to meet the price accuracy standard, the registration will be suspended for a period of six months. During the suspension period, the store will be required to individually item price every item offered for sale. After this period, the store can request the division, in writing, to re-inspect the store. If the store after re-inspection meets the price accuracy standard, the registration maybe re-instated.
(g) As a condition of the waiver from item pricing pursuant to this section, each store which accepts a waiver must agree to meet the following requirements:
(i) The store shall designate and make available price check scanners to enable consumers to confirm the price of stock-keeping items. These price check scanners shall be in locations convenient to consumers with signs of sufficient sized lettering identifying these units to consumers. Stores will submit their proposed sign and device locations to the deputy director for approval.
(ii) Each registrant shall assign an employee to check all sale prices in the store's electronic pricing system prior to the start of any sale to ensure the sale prices in the system are accurate. Each registrant shall maintain a sale price log including the following: name of the store employee, date the employee performed the pre-sale price accuracy audit, and the signature of the employee. Failure to maintain the log or to make the log available upon request by any authorized agent of the deputy director will be cause for registration suspension.
(iii) The store shall not charge any customer a price for any stock-keeping item which exceeds the item, shelf, sale or advertised price, whichever is less.
(iv) The store shall make prompt payment to consumers who have been overcharged and shall correct all pricing errors identified by consumers, guaranteeing the consumer one item free if it costs less than $10 or pay the consumer $10 if the item costs more than $10.
(v) Any item that rings up higher than the lowest advertised price shall be subject to a fine of $200 . Failure to post the required item price sign at the point of display will be subject to a fine of $100. The fine will be increased to $200 if the item rings up at a price higher than the lowest price charged for that item during the previous thirty days.
(h) The deputy director, in his discretion, may revoke a waiver from item pricing for any of the following reasons:
(i) Failure to comply with any provisions of this chapter;
(ii) Deliberate overcharging of any consumer;
(iii) Material misrepresentation in the application for a waiver.

Section 329E. (a) The provisions of this chapter shall be enforced by the division. Upon representation of appropriate credentials, the division shall have the right to enter upon the premises of any retail store to make an inspection and to determine compliance with the provisions of this chapter.
(b) For the purpose of determining a store's compliance with the requirements of section 329B, an inspection shall be conducted of a sample of no less than 25 stock-keeping units.
(c) For the purpose of a violation of section 329B(a), no item shall be cited more than once in a 48 hour period.
(d) With respect to the item price of any exempt item, the deputy director, in his discretion, may direct a retail store to post a sign in a conspicuous and unobstructed location in the manner and form prescribed by him.
(e) For any inspection under section 329C, the store representative shall afford the inspector access to the test mode of the checkout system in use at that store or to a comparable function of said system and to the retail price information contained in a price look-up function.
(f) The inspector shall have the authority to issue a stop removal order with respect to any stock-keeping unit being used, handled, or offered for sale in violation of sections 329B and 329C. Any such order shall be in writing and direct that the stock-keeping item shall be removed for sale pending price correction.
(g) A hearing may be requested in writing on any fineable violation or registration suspension issued by the division. The hearing will be conducted by the division's designated hearing officer. The division's designated hearing officer shall make a written determination. Such determination may be appealed to the deputy director who, after due deliberation, shall issue an order accepting, modifying, or rejecting the hearing officer's determination. "

Floor Number: 453 Clerk Number: 147

ITEM PRICING II

Messrs. Lees, Hedlund, Knapik and Brown and Mrs. Sprague move to amend the bill by inserting, after Section ______, the following new Section:-
"SECTION ______. Section 184E of chapter 94, as so appearing, is hereby amended in the first paragraph by striking the second and third sentences and inserting in place thereof the following:- Violations shall be punished for the first offense by a fine of $200, for the second offense by a fine of $500, and for a subsequent offense, by a fine of $1,000. Notwithstanding the method for determining the amount of civil fines pursuant to section 29A of said chapter 98, a civil citation may be issued for $200 for each violation, up to a maximum of $5,000 per inspection."

Floor Number: 454 Clerk Number: 716

ELIMINATE SUNSET ON ENERGY MONITORING SYSTEMS

Mr. Morrissey moves to amend the bill after section 353 by inserting the following new section:-

SECTION ____. Section 335 of Chapter 164 of the Acts of 1997 is hereby amended by striking, in line 2, the following words "installed prior to July 1, 1997,".

Floor Number: 455 Clerk Number: 134

REPORTING DATE OF THE ENERGY SAVINGS COMMISSION

Ms. Fargo moves to amend the bill, in Section 319, in line 11, by striking out the words "March 1, 2004" and inserting the place thereof the following words: - "March 1, 2005".

Floor Number: 456 Clerk Number: 790

AN AMENDMENT RELATIVE TO THE USE OF ALTERNATIVE SOURCES OF ENERGY

Mr. Tarr moves to amend the bill (Senate 2004) by adding, at the end thereof, the following new section: -
Section__. The Department of Telecommunications and Energy is hereby authorized and directed to evaluate the Commonwealth's needs in order to facilitate the use of alternative sources of energy, which do not involve fossil fuels, so as to maximize the use of such alternatives in the next ten years.
Said Department shall report its findings, together with any legislative recommendations, to the Joint Committee on Natural Resources and Agriculture, not later than September 1, 2004.

Floor Number: 457 Clerk Number: 17

LAWRENCE OUR HOUSE FAMILY LEARNING AND WORKFORCE DEVELOPMENT CENTER

Ms. Tucker moves to amend the bill, in section 2, in line item 7003-0702, by inserting at the end thereof the following words:- ";and provided further, that not less than $50,000 be expended for Our House Family Learning and Workforce Development Center."

Floor Number: 458 Clerk Number: 88

WORKFORCE TRAINING FUNDS:

Mr. Tisei moves to amend the bill, in section 2, item 7003-0702, by adding at the end thereof the following new language:-
"; provided further, that not less than $100,000 be expended for Hallmark Health for the purpose of a hospital based nursing and skills program."

Floor Number: 459 Clerk Number: 102

FARM WORKERS' COUNCIL LOW INCOME TRAINING

Ms. Melconian moves to amend the bill, in section 2, in item 7003-0702 by striking the words "shall be expended for minority training in Hampden County" and inserting in place thereof the following words "shall be expended by a Farm Workers' Council serving low income people and the Hispanic population in Western Massachusetts".

Floor Number: 460 Clerk Number: 195

WORK FORCE TRAINING

Mr. Pacheco of Taunton moves to amend the bill in section 2, in line item 7003-0702 by inserting at the end after the word "Gardner," the following:-
"provided further, that not less than $50,000 of the amount appropriated in this item shall be expended to conduct a study to determine the education and training needs in Southeastern Massachusetts which may include, but not be limited to a marketing study; in conjunction with the redevelopment plans of the former Paul A. Dever state school as a regional skills alliance/education and training center. Said study shall be competitively bid and awarded by the Institute for Regional Development at Bridgewater State College,"

Floor Number: 461 Clerk Number: 298

HOSPITAL SKILLS TRAINING PROGRAM

Mr. Knapik of Westfield moves to amend the bill, in section 2, in item 7003-0702, by inserting after the word "Gardner" the following:- "provided further, that not less than $300,000 shall be expended for a hospital skills training program operated by the Commonwealth Corporation"

Floor Number: 462 Clerk Number: 302

HISPANIC CHAMBER OF COMMERCE FINANCE TRAINING

Mr. Knapik moves to amend the bill, in section 2, in item 7003-0702, by inserting after the words "Hampden County " the following:- "provided further, that not less than $100,000 shall be expended for a finance training program to be administered by the Hispanic Chamber of Commerce in Holyoke;"

Floor Number: 463 Clerk Number: 431

YOUTH CAREER SERVICES

Ms. Wilkerson moves to amend the bill in section 2, in item 7003-0702 by inserting after the words "center for women enterprise;" the following: --

"provided further, that not less than $350,000 shall be expended for existing Boston youth service providers, as determined by the Boston Workforce Investment Board, who provide youth career exploration, academic support and remediation, and mentoring for at-risk youth in the city of Boston; "

and in the same item by striking the figure "4,339,000" and inserting in pace thereof the following figure: -- "4,689,000"

Floor Number: 464 Clerk Number: 627

MASSACHUSETTS SERVICE ALLIANCE-AMERICORP

Mr. Creedon moves to amend the bill, Senate 2400, in item 7003-0702, by inserting after the word "enterprise" the following: ";and provided further that not less than $900,000 shall be made available for the operation of the youth, senior service and conservation corps programs including grants to public and private agencies administered by the Massachusetts".

Floor Number: 465 Clerk Number: 645

RELATIVE TO THE WORKFORCE INVESTMENT ASSOCIATION

Mr. Berry moves to amend the bill, in section 2, in item 7003-0702, in lines 32 and 33, by striking out the words "$75,000 shall be provided to the Workforce Investment Association of MA, Inc." and inserting in place thereof the following words:- "$100,000 shall be provided to the Workforce Investment Association of MA, Inc."

Floor Number: 466 Clerk Number: 676

METRO SOUTH/WEST REGIONAL EMPLOYMENT BOARD

Ms. Resor and Mr. Magnani move to amend the bill (S. 2400) in section 2, in line item 7003-0702, by inserting at the end thereof the following:-
";provided, further, that not less than $75,000 shall be expended to support the Technology Initiative of the Metro South/West Regional Employment Board for the development of the Technology Centers of Excellence serving the region's youth and business, and provided, further, that said grant shall require a 200 percent match from the private sector."

Floor Number: 467 Clerk Number: 351

ONE-STOP CAREER CENTER

Mrs. Chandler moves to amend the bill, in section 2, in item 7003-0803, by inserting at the end the following wording:-
"; provided further, that not less than $75,000 shall be expended for the one-stop career center in the City of Worcester".

Floor Number: 468 Clerk Number: 66

CLARIFYING BORM IN THE PROFESSIONAL LICENSURE OVERSIGHT VI

Mr. Moore moves that the bill be amended in section 163 by inserting, in the first sentence of proposed section 65B of chapter 112, after the word "licensure" the words "or within the department of public health, but excluding the board of registration in medicine,".
It is further moved that the bill be amended in said section 163 by inserting, in the fourth sentence of proposed section 65B of chapter 112, after the word "collected" the words "by the division of professional licensure."
It is further moved that the bill be amended in said section 163 by inserting at the end of proposed section 65B of chapter 112 the following sentence: All penalties collected by the department of public health, excluding penalties collected by the board of registration in medicine, shall be deposited in the Quality in Health Professions Trust Fund established under subsection (a) of section 35X of chapter 10.
It is further moved that the bill be amended in section 163 by inserting, in the first sentence of proposed section 65C of chapter 112, after the word "registration" the words ", excluding the board of registration in medicine,".
It is further moved that the bill be amended in said section 163 by inserting, in the first sentence of proposed section 65D of chapter 112, after the word "licensure" the words "or department of public health, but excluding the board of registration in medicine,".
It is further moved that the bill be amended in said section 163 by inserting, in the fourth sentence of proposed section 65D of chapter 112, after the word "boards" the words "of registration."
It is further moved that the bill be amended in said section 163 by inserting, in the first sentence of proposed section 65E of chapter 112, after the word "registration" the words ", excluding the board of registration in medicine,".

Floor Number: 469 Clerk Number: 247

YOUTH OPPORTUNITY PROGRAMS

Mr. Hart of Boston moves to amend the bill by striking Section 71, and inserting in place thereof the following:-
"SECTION 71. Section 2RR of said chapter 29 of the General Laws, as appearing in the 200 2Official Edition, is hereby amended by striking section 2RR entirely and inserting in place thereof the following section 2RR: -
Section 2RR. (a) There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Workforce Training Trust Fund, in this section called the Fund. There shall be credited to the Fund the workforce training contributions required by section 14L of chapter 151A. The director of the department of workforce development shall ensure that the principal and interest of the Fund are used only for the purposes of this section. In each fiscal year, the director shall so expend not less than $18,000,000 or whatever lesser total amount is credited to the Fund.
(b) Subject to appropriation, the director shall make expenditures from the Fund for the following purposes:
(1) To provide grants to employers, employer groups, labor organizations and training providers for projects to provide education and training to existing employees, out of school youth in federally designated youth opportunity zones and newly hired workers. In determining who shall receive grants, the director shall consider the following criteria:
(i) whether the project will increase the skills of low-wage, low-skilled workers;
(ii) whether the project will create or preserve jobs at wages sufficient to support a family;
(iii) whether the project will have a positive economic impact on a region with high levels of unemployment or a high concentration of low-skilled workers;
(iv) whether the employer has made a commitment to provide significant private investment in training during the duration of the grant and after the grant has expired;
v) whether the project will supplement, rather than replace, private investments in training;
(vi) whether the employer is a small business that lacks the capacity to provide adequate training without such assistance;
(vii) whether the project will provide residents of the commonwealth with training for jobs that could otherwise be filled only by residents of other nations;
(viii) whether the project is consistent with the workforce development blueprint prepared by the local workforce investment board; and
(ix) whether the employer has recently or plans to locate its business in the commonwealth and employ residents of the commonwealth who will benefit from training.
(2) To provide technical assistance to increase training opportunities available to employees. The director may provide this direct technical assistance by using existing institutions such as local workforce investment boards, community colleges, labor organizations, administrative entities for service delivery areas under the federal Workforce Investment Act, or its successor statute, and other entities that have expertise in providing technical assistance regarding employee training or with employees of the departments of labor and workforce development or of the commonwealth corporation. Such expenditures shall not exceed $3,000,000 each year and the director shall demonstrate that each dollar expended generates not less than $5 in private investment in job training.
(c) The director, in consultation with the secretary of economic development, shall adopt regulations to carry out the purposes of this section, including the criteria set forth in paragraph (1) of subsection (b). The regulations shall provide for a rolling applications process and shall allow employers with plans to locate in the commonwealth and employ commonwealth residents to apply for grants. The director may contract with a private organization to carry out some or all of the director's duties provided in this section. The board may require a match or co-investment from participating organizations; provided, however, that in determining the amount of any match, the board shall establish different requirements for organizations based on the size of the organization, its profit or not-for-profit status and financial capacity.
(d) Not later than September l of each year, the director shall file a report in writing with the joint committee on commerce and labor and the house and senate committees on ways and means detailing the grants made in the fiscal year ending on the preceding June 30, including for each grant the employer or entity receiving the grant, the amount of the grant, the number of employees trained and the nature of the training provided, together with such recommendations and additional information as the commissioner considers appropriate.
(e) Documentary materials or data made or received by an employee of the department of workforce development, or previously by the division of employment and training, to the extent that such materials or data consist of trade secrets or commercial or financial information regarding the operation of a business conducted by an applicant for a grant from the fund established by this section, shall not be public records and shall not be subject to section 10 of chapter 66.
(f) The director shall, in accordance with section 328 of chapter 127 of the acts of 1999, prepare a performance evaluation of the workforce training grants awarded under this section. The evaluation shall assess the effectiveness of each grant awarded in terms of the 1) development of employee skills; 2) increase in employee wages; 3) improvement in employee retention rates; 4) improvement of employee productivity; 5) impact on employer's business and 6) impact on regional economy, including reduction of regional unemployment levels. The director shall require, as a condition of receiving a grant under this section, employers to provide, within a time frame following the end of the grant period as established by the director, such information and data determined by the director to be necessary to complete the performance evaluation. g) The director shall make no grant under this section to any person or entity from the Fund, nor shall any technical assistance be provided by the department out of the proceeds of the Fund, to any person or entity unless the person or entity applies for and receives a certificate of tax in good standing with the department of revenue with respect to all tax types for which it should be registered and for which it is obligated to file reports or returns. A certified copy of the certificate shall be presented to the director before the issuance of any grant under this section before the department's providing any technical assistance to the person or entity.
(h) There is hereby established a board to be known to the proposed section 35 of chapter 10 of the General Laws, as the Workforce Training Fund Advisory Board of consisting of 9 members, who are citizens of the commonwealth, to be appointed by the governor. Three members shall be persons representing businesses or employers; 3 shall be persons representing employees or employee of labor organizations, 2 of whom shall be selected from a list of 5 recommended by the President of the Massachusetts AFL-CIO; and 3 shall be persons representative of the public, 2 of whom shall have expertise or experience in workforce training and 1 of whom shall represent a non-profit workforce training provider. The governor shall designate as chairman of the advisory board 1 of the members appointed as representative of the public. Members shall serve for a term of 6 years. Of the members originally appointed, 1 employer representative and 1 employee representative shall serve for a term of 4 years, and 1 employer representative and 1 employee representative shall serve for a term of 6 years; and thereafter, as their terms expire, the governor shall appoint members for terms of 6 years. Vacancies shall be filled by appointment by the governor for the remainder of the unexpired term. All members shall serve until the qualification of their respective successors. Members shall serve without compensation. The advisory board shall advise the director of the department of workforce development on the administration of the workforce training fund grant program, including but not limited to reviewing and making recommendations on grant requirements and selection criteria and reviewing grant applications and making recommendations about grant awards. The advisory board shall, from time to time, submit recommendations to the legislature on any legislative changes it deems necessary for the successful operation of the program."

Floor Number: 470 Clerk Number: 383

REGIONAL WORKFORCE DEVELOPMENT COUNCILS

Mr. O'Leary and Mr. Nuciforo move to amend the bill in Section 71 by adding in clause (b) subclause (2) after the words "job training" the following:-

"; provided that of the $3,000,00, not less than $75,000 shall be provided annually to the Workforce Investment Board Association to support the activities of business, labor, education, youth councils and community members in leading regional workforce development systems; each of the 16 workforce investment boards shall receive $75,000 annually; and each of the 16 workforce investment boards shall receive $20,000 annually for youth councils".

Floor Number: 471 Clerk Number: 335

LAND SURVEYORS

Mrs. Chandler and Mr. Nuciforo move to amend the bill, in section 2, in item 7006-0040, by adding at the end the following wording:-
"; provided further, that not less than $1,100 shall be expended to increase the number of Land Surveyors from 1 to 3 on the Board of Registration of Professional Engineers and Professional Land Surveyors".

Mrs. Chandler moves to further amend the bill, in section 2, in item 7006-0040, by striking the figure "$3,025, 423" and inserting in place thereof the following figure:- "$3,026,523".

Floor Number: 472 Clerk Number: 65

AN AMENDMENT CLARIFYING BORM IN THE DIVISION OF PROFESSIONAL LICENSURE OVERSIGHT VI

Mr. Moore moves that the bill be amended in section 159 by striking out, in the first sentence of the amendment of section 61 of chapter 112, the words "a board of registration" and inserting in place thereof the words "a board of registration or examination in the department of public health in the executive office of health and human services, and each board of registration, but excluding the board of registration in medicine."

Floor Number: 473 Clerk Number: 729

ESTABLISHING A BOARD OF REGISTRATION OF INTERIOR DESIGNERS

Mr. Morrissey moves to amend the bill by inserting after section 353 thereof the following new sections:

SECTION ____ . Chapter 13 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after section 97 the following new section: -

Section 98. There shall be a board of registration for interior design, consisting of five members to be appointed by the governor. Of the five members appointed by the governor four members shall hold valid registrations pursuant to sections 228 to 233 of chapter 112, with the exception of the initial four members appointed who are not required to have previously passed the National Council for Interior Design Qualification examination, and said members shall represent the profession of interior design on a diverse specialty and geographic basis within the commonwealth; provided, that at least one of the above four members shall be a professional educator, who teaches in a professional interior design college or university level Foundation for Interior Design Education and Research or National Association of Schools of Art and Design accredited interior design program or its equivalent as determined by the Board, and one member shall represent the general public, who shall not be a current client or potential client of any current board members.
With the exception of the initial board, the term of each appointment shall be for four years on a staggered basis. The initial board appointments shall be as follows: one member shall be appointed for one year, one member shall be appointed for two years, one member shall be appointed for three years, two members, including the public member, shall be appointed for four years. After the initial appointments, no board member, except the representative of the general public, may be exempted of any requirements of registration. Upon expiration of a board member's term and there is not appointed successor, the member shall continue to hold office until the appointment of his or her successor by the governor. In the event of a vacancy, the governor shall appoint a member to serve the unexpired term of the vacant seat.
The board shall hold at least two regular meetings each year for the purposes of performing its duties pursuant to this chapter, and may hold additional meetings as required. Time, place and notice of all meetings shall be as required by rules or by-laws determined by the board. At the first regular meeting each year, the board shall organize and choose from their own members, a chairman, a vice-chairman and a secretary and National Council for Interior Design Qualification delegate.
In the absence or disability of the chairman, the vice-chairman shall be authorized to act on his behalf. The secretary shall be responsible for keeping a true and complete record of all proceedings. A quorum shall consist of three members.
The governor may remove any member with cause, which shall include but not limited to remove any member of said board for incapacity, neglect of duty, or malfeasance in office. The failure of a board member to attend at least one-half of the regular, scheduled meetings of said board within a twelve-month period shall constitute neglect of duty for purposes of this decisions made in good faith while serving as a member of said board.
The members shall serve without compensation; provided, however, that each member shall be reimbursed for actual expenses reasonably incurred in the performance of duties as members on or behalf of the board.

Section 99. The chair of said board may appoint, subject to the consent of the majority of the members of the board, a full-time or part-time executive director to the board. The executive director shall serve at the pleasure of the board and may be suspended or removed by the board at anytime. The board shall set the executive director's salary, and he shall be the executive officer of the board, but may not be a member of the board. The board, by majority vote of its members, may employ additional persons, who shall serve at the pleasure of the board, to assist the board and the executive director in the keeping of the records and in the performance of its duties, subject to available funding.
The board may adopt rules or regulations that are consistent with the General Laws, which shall include administering and enforcing provisions of this section, section 98 of chapter 13, and sections 228 to 233 of the chapter 112, adopting regulations to carry out policies, setting registration fees, establishing continuing education requirements for registration renewal, adopting a common seal, adopting requirements for monitored internship, adopting a code of ethics, adopting administrative penalties, including suspensions, revocations and fine for violations of rules and regulations as established by the board.
The board shall provide access to persons with physical, mental or developmental disability to the board's programs and activities.
Said board shall maintain an official roster showing the names, license numbers and the address of all interior designers in good standing and roster shall be open to the public for inspection and information.
Except as otherwise provided in this section, section 98 of chapter 13, and sections 228 to 233 of chapter 112, each applicant for certificate of registration as an interior designer shall apply to the board on such forms and in such manner as said board may prescribe.
An original certificate of registration issued by the board shall be valid from the date of issuance until the last day of December to the next succeeding the date upon which said certificate of registration was issued, unless said certificate of registration shall have been revoked or suspended for cause as provided.
The board shall file a complaint to the Attorney General all unregistered and/or unlicensed persons who are practicing as a registered interior designer or holding themselves out as a registered interior designer. The board shall make available to the public information of persons who are convicted of practicing without a license.

SECTION ___ . Chapter 112 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after section 226 the following new sections: -

Section 227. The following words shall, unless the content clearly requires otherwise, have the following meanings as used under the section 227 to section 233 of the General Laws:

(a) "Board" is defined as the board of registration of interior designers established under sections 98 and 99 of chapter 13 of the General Laws.
(b) "Direct supervisory control" means the direct responsibility for supervision of the work and the decision making process, which includes but not limited to review, enforce and control compliance with all design criteria and life safety requirements
(c) "FIDER" is defined as the Foundation for Interior Design Education and Research.
(d) "Interior Construction Document" is defined as a document that has one or more the designs, drawings, and specifications that establish the scope of the interior work to be constructed, the standard of quality of materials, workmanship, equipment, construction systems and construction methods, and the studies and other technical reports prepared in the course of interior design. All construction documents intended for the use in interior construction in the Commonwealth shall be prepared and administered in accordance with the General Laws, the Massachusetts State Building Code, the Massachusetts Architectural Access Board, the American's with Disabilities Act, and standards and regulations of the municipal building department jurisdictions where the work is undertaken. Documentation for interior design projects, as defined under this act, and requiring a building permit, as defined under General Law are to be clearly labeled as "Interior Design Projects", and will be stamped by a registered interior designer, registered architect or registered professional engineer.
(e) " Interior Design" is defined as the provision of professional services for the purpose of creating an interior space that satisfies the wellbeing, life safety, functional and aesthetic requirements of a client, end-user, or member of the general public within that interior space. These services shall include but not be limited to elements of programming, space planning, pre-design analysis, conceptual design, consultations, studies, drawings, creation of budgets and schedules of time and values, selection and specification of finishes, materials, furnishings, furniture and equipment, design of non-load-bearing interior partitions, assembly of interior construction documentation, specifications and location of lighting fixtures and ceiling systems, designs consistent with American's with Disabilities Act, life safety and building code review, analysis and interpretation of building system parameters, project management, administration of contracts for fabrication, construction, procurement, installation, and implementation of interior design projects within a proposed or given structure, building, addition, alteration, restoration thereof. Interior Design shall include the collaboration in the completion of a project for the alteration or construction of an interior area of a structure designed for human habitation or occupancy with professional engineers or architects who are registered pursuant to the provisions of General Law but specifically excludes the provision of any services related to the modification, alterations, design, specification, or implementation of mechanical, electrical, structural, plumbing engineering and fire protection engineering, alterations to the exterior envelope that may affect its structural or thermal integrity, alterations to core enclosures that may affect a structure's fire rating, alteration to building exterior entry ingress/egress conditions, areas of refuge, public entry doors or gates and their associated hardware: but specifically not excluding ingress/egress analysis and resolution within the interior space of the building.
(f) "IDCEC" is defined as the Interior Design Continuing Education Council.
(g) "IDEP" is defined as the Interior Design Experience Program.
(h) "Interior Space" is defined as space within the building envelope, not including core enclosures and elements of mechanical, electrical, fire protection, structural systems, building egress, exitways, and areas of refuge, but may include bathrooms and other habitable spaces within a building core enclosure.
(i) "Life Safety" is defined as it pertains to an interior design project is defined as the analysis, development, interpretation and review of space plans, interior construction systems or assemblies, materials, finishes, and furnishings, furniture and equipment selections for compliance with regulatory building code provisions which when applied collectively, provide comprehensive safety features to eliminate, reduce, or control life or health threatening situations in the interior environments of a proposed or given structure or building.
(j) "NASAD" is defined as the National Association of Schools of Art and Design.
(k) "NCIDQ" is defined as the National Council for Interior Design Qualification.
(l) "Provisional registration" is a temporary license provided under paragraph (f) of section 228 of chapter 112.
(m) "Registered interior designer" is a design professional who is registered and licensed to practice as a designer in the Commonwealth under section 38A 1/2 of Chapter 7 of the General Laws, and meets the criteria set forth by this section, sections 228 to 233 of this chapter and any other rules and regulations established by the board under sections 98 and 99 of chapter 13.
(n) "Space planning" is defined as the translation of project or client requirements into a physical plan of space within the interior of a proposed or given structure or building, organizing major rooms, areas, furniture, fixtures and equipment, determining internal circulation systems/patterns, and the location of internal exit requirements; based on occupancy loads, assessments of life safety factors, universal access and the analysis of and for compliance with state and local building codes.

Section 228. An applicant for a registered interior designer license shall be of good moral character and able to discharge the duties of an interior designer to that person's client and to the public in a manner that protects health, safety and welfare. In addition, the board may take into consideration any felony conviction of the applicant, but such a conviction shall not operate as an absolute bar to qualification for examination for licensure or registration. The board may take into consideration whether the applicant represented himself or herself to be a registered interior designer prior to the time of issuance of the registration "The board may take into consideration whether the applicant was found to have aided and abetted any person not registered as an interior designer in violating or who has failed to report any unlicensed person of violating section 227 to 233 of this chapter or the rules and regulations of the
Board. Said applicant shall meet at minimum the following requirements in addition to any rules and regulations established by the board unless otherwise provided.
(a) Applicant shall provide to the board that the applicant is a graduate of a professional degree interior design education from an institution accredited by the FIDER, NASAD or equivalent as determined by the Board, and
(b) Applicant shall provide to the board that the applicant has completed the IDEP as administered by the NCIDQ, or its equivalent as determined by the board, and
(c) Applicant shall provide to the board that he or she has successfully completed the examination administered by the NCIDQ or its equivalent, as determined by the board.
(d) An applicant who has successfully completed the NCIDQ examination prior to the effective date of this Act and provide said information to the board shall be eligible for registration without having to fulfill the stipulations of paragraphs (b) and (c).
(e) An applicant who is a registered architect or architectural intern, and has completed the NCIDQ examination, shall be eligible for registration without having to fulfill the stipulations of Paragraphs (b) and (c).
(f) Within twelve months after the first meeting of the board, an applicant may apply for registration without having to fulfill the stipulations of Paragraphs (a), (b), (c), (d) and (e) if he has completed at least 10 years of full-time, diversified, verifiable professional experience in interior design service as defined in this act. Said applicant, upon review and consent of the board, may be issued a provisional license and be registered as such. The provisional licensee shall be given three calendar years from the first meeting of the board to provide to the board information of successful passage of section I of the NCIDQ examination, at which time full registration will be granted. If the information is not provided to the board within the allotted time period, said applicant's provisional license will be revoked and become null and void. Re-application, including satisfaction of all requirements at the time of re-application, shall be required for registration. The provisional licensee is required to meet all licensure requirements and regulations under the law as if said provisional licensee is a registered interior designer.
An applicant may apply for registration if he or she is registered and/or licensed as an interior designer in any other state or country whose requirements for registration and/or licensing are equivalent or greater to the requirements of the Commonwealth. The board may register and license said applicant upon the board's review and consent.
The board shall issue a license to any applicant for interior design registration that complies with the requirements in this section and sections 230 to 233 of this chapter and any other rule or regulation that the board may require. Persons licensed by the board shall be entered on the official roster pursuant to section 99 of chapter 13. Said registration shall authorize such person to use the title of and be known as a registered interior designer. Each registered interior designer shall secure a seal that identifies such person as a registered interior designer in the commonwealth; provided, however, the registered interior designer's contract documents shall contain a statement that the documents are interior construction drawings, specifications or designs and are not to be used for construction of any load-bearing columns, load-bearing framing, or load bearing walls or structures. Drawings, renderings, or specifications prepared by said registered interior designer or under supervision thereof shall be imprinted with said seal.
Every registered interior designer shall display his certificate of registration in a conspicuous place at the registered interior designer's principle office. Every registered interior designer shall have a reproducible seal, or facsimile, the print of which shall contain the name of the interior designer, the license number, and the words "Registered Interior Designer Commonwealth of Massachusetts." The registered interior designer shall affix the signature, current date, date of license expiration and seal to all sheets of any bound set or loose sheets or to the cover of any bound project specifications of interior construction documents prepared by the registered interior designer or under that registered interior designer's direct supervision and control to be filed for public record with the individual state municipal building departments for the purposes of obtaining a building permit. A registered interior designer shall not sign or seal drawings, specifications, reports or other professional work for which he does not have direct professional knowledge and direct supervisory control; provided, however, that in the case of portions of such professional work prepared by the registered interior designer's consultants, registered under this or another portion of the professional registration laws of this jurisdiction, the registered interior designer may sign or seal that portion of the professional work if the registered interior designer has reviewed such portion, has coordinated its preparation, and intends to be responsible for its adequacy. Only registered interior designers shall be permitted to use a registered interior designer's seal.
When a registered interior designer's certificate of registration has been revoked or suspended by the board, the registered interior designer shall surrender his seal to the secretary of the board within a period of ten days after the revocation or suspension has become effective. If the registration of the registered interior designer has been suspended for a period of time, his seal shall be returned upon expiration of the suspension period.
Certificates of registration shall be renewed during the month of December and shall be valid for two years upon the submission of a renewal application on a form prescribed by the board and accompanied by the fee established by the board.
The board shall renew no registration until a person submits information to the board's satisfaction that said person participated in not less than five hours per year of continuing education for each year an expiring registration was valid. The board shall approve only continuing education for each year an expiring registration was valid. The board shall approve only those continuing education programs that build upon the basic knowledge of interior design as defined and approved by IDCEC or its equivalent as determined by the board. Furthermore, of the 5 hours per year of continuing education, a minimum of 1.5 hours shall be related to the protection of the health and safety of the public as determined by IDEC or its equivalent as determined by the board. The board may make exceptions to the requirements for continuing education in emergency or hardship cases. The board may from time to time reexamine the number of hours of continuing education per year required for registration renewal.
A person whose registration has expired through failure to be renewed pursuant to this section may obtain a renewal of such registration at any time within one year from the date of expiration upon application to and approval of the board. The time for renewal of such expired registration may be extended up to 90 days at the discretion of the board, and the board may approve an application for reactivation of an expired registration. The continuing education requirement for reactivating an expired registration pursuant to this paragraph shall not exceed five hours for each year the registration was inactive.
A registration which has been inactive for more that four years shall automatically expire and become null and void without any further action by the board if a person has not made application for reactivation of said registration. One year prior to such automatic expiration the board shall give notice to such person at the registrant's last address of record.
An application for reactivation of a registration shall be in a form prescribed by said board and accompanied by a fee established under section 230 of this chapter.
The board shall have disciplinary power to revoke, suspend for a period of time, refuse to issue or renew, issue a private or public reprimand, a fine for each violation, or all of the above by a registered interior designer. The board shall consider, but is not limited to, the following information when determining a disciplinary action:
(1) A registered interior designers has committed acts of fraud or deceit in their professional conduct, or has been convicted of a felony by a court of law.
(2) A registered interior designer has been found by the board to have performed interior design services in a manner which constituted gross negligence, incompetence or misconduct.
(3) A registered interior designer has been found by the board to have aided and abetted any person not registered interior designer and failed to report unlicensed persons violating sections 227 to 233 of this chapter or the rules and regulations of the board.
The board shall not revoke, suspend or refuse to issue or renew any registration under the provisions or this section without first giving the applicant of the holder of such registration an opportunity to appear and be heard by the board before any action is taken except as otherwise may be provide by law.
Nothing in sections 227 to 233 of this chapter shall prevent the draftspersons, students, project representatives and the employees of those lawfully practicing as registered interior designers, registered architects or registered professional engineers under the provisions of this section, from acting under the direct supervision and control of their employers, or to prevent the employment of project representatives for modification, enlargement, or alteration of the interior space of building or any parts thereof, or prevent such project representatives from acting under the direct supervision and control of the registered interior designer, registered architect or registered professional engineer by whom the interior construction documents of any such interior space of a building, modification or alteration thereof were prepared.
No individual shall, without registration as an interior designer issued by the board, in any manner practice interior design unless specifically noted in this act, or hold himself out to the public as a registered interior designer or attach the title "registered interior designer", or any other name or designation which would in any way imply that he is able to use the title "registered interior designer" as defined by this section.
Section 227 to section 233 of this chapter does not apply to any individual, partnership, or corporation that performs retail installation or delivery services pursuant to selling, selecting, or assisting in selecting personal property used in connection with furnishing of interior spaces or fixtures such as, but not limited to, furnishings, decorative accessories, furniture, paint, wall coverings, window treatments, floor coverings, surface mounted lighting, or decorative materials; or an individual, partnership, or corporation that installs or coordinates installations as a part of the prospective retail sale, or provides computer-aided or other drawing for the purpose of retail sale, provided those drawings are used for material lists for a person who designs such personal property or fixtures within a showroom.
Nothing in this section 227 to section 233 of this chapter shall be construed to prevent an individual, partnership or corporation from entering into agreements to perform or holding itself out as able to perform any of the services involved in the practice of interior design; provided, that any agreement to perform such services shall be executed on behalf of the individual, partnership or corporation by the partner or partners or by the officer or officers who shall be the registered interior designer, registered architect, or registered professional engineer exercising professional and supervisory control over the particular services contracted for by the individual, partnership or corporation, and provided, further, that any partnership or corporation holding itself out, as able to perform any of the services involved in the practice of interior design and having a place of business in the Commonwealth, and of which a majority of the partners of such partnership or officers of such corporation are registered interior designers or registered architects, may execute any such agreement by any duly authorized partner of such partnership or by any duly authorized officer of such corporation whether such duly authorized partner or officer is, or is not a registered interior designer or a registered architect, provided that a registered interior designer or registered architect who is such a partner or such an officer shall exercise professional and supervisory control over the particular services contracted for by the partnership or corporation.

Section 229. The board shall determine a fee to be paid by an applicant or licensee to the board for a certificate of registration, the renewal of a certificate of registration, certificate of registration activation, provisional license, and examinations conducted by the board.

Section 230. The use of the title "registered interior designer" is reserved for those who are registered within the commonwealth. Any use of the term "registered interior designer" by any persons within the title of a profession or business or any preparation of plans and specifications or execution of tasks identified as interior design services for a fee or other direct compensation is prohibited without first having complied with the provisions of this section 98 and 99 of chapter 13 and sections 227 to 231 of chapter 112.

Section 231. Whoever practices as an registered interior designer or holds oneself out as a registered interior designer, but is not licensed as such, shall be punished by imprisonment in the house of correction for not more than one year, or by a fine of not more than fifteen thousand dollars, or by both for each offense, and each and every day of violation of this Section as set forth shall constitute a separate offense.

Section 233. Nothing in sections 98 and 99 of chapter 13 or sections 227 to 233 of this chapter shall permit a registered interior designer as defined under this section to practice architecture under General Laws unless said individual meets the requirements of the architectural provisions of General Laws.

Section 233. Nothing in sections 98 and 99 of chapter 13 or sections 229 to 233 of this chapter shall be construed as requiring the services of a registered interior designer for the interior design of a single or two family residence whether detached or part of a multiple residence.

SECTION ____ . Said sections shall take effect 90 days after its passage.

Floor Number: 474 Clerk Number: 421

CONSUMER AFFAIRS

Messrs. Lees, Tisei, Tarr, Knapik and Brown and Mrs. Sprague move to amend the bill in item 7006-0000 by deleting the figure "$1,439,583" and inserting in place thereof the figure "$1,893,025".

Floor Number: 475 Clerk Number: 423

ECONOMIC DEVELOPMENT

Messrs. Lees, Knapik and Mrs. Sprague move that the bill be amended in section 2, in line item 7002-0010, by striking out the figures "$252,676" and inserting in place thereof the figures "$375,000".

Floor Number: 476 Clerk Number: 416

BUSINESS DEVELOPMENT

Messrs. Lees and Knapik and Mrs. Sprague move that the bill be amended in section 2, in item 7007-0300, by striking the figures "$1,338,574" and inserting in place thereof the figures "2,246,277".

Floor Number: 477 Clerk Number: 602

DEVENS REUSE PLAN

Ms. Resor moves to amend the bill (S. 2400) by inserting after line item 7007-0300, the following new line item:-
"7007 - 0400 The sum of $390,000 be made available to the Devens Disposition Steering Committee, mandated by Chapter 498 to plan for the disposition and development of Devens in the towns of Ayer, Harvard, and Shirley…………..$390,000."

Floor Number: 478 Clerk Number: 340

MASSACHUSETTS BIOMEDICAL INITIATIVES

Mrs. Chandler, Mr. Brewer and Mr. Moore move to amend the bill, in section 2, in item 7007-0500, by striking out the figure "$200,000" and inserting in place thereof the following figure:- "$500,000".

Floor Number: 479 Clerk Number: 231

BERKSHIRE GROWN FUNDS

Mr. Nuciforo moves to amend the bill, in section 2, by striking item 7007-0515, and inserting in place thereof the following:-
"7007-0515 For economic development grants to be administered by the department of business and technology; provided, that not less than $150,000 be expended on the Cape Cod Regional Incubator Project to be operated by the Cape Cod Chamber of Commerce; provided further, that not less than $200,000 shall be expended on the operation of the Massachusetts Fisheries Recovery Commission; provided, that not less than $100,000 shall be expended by the Buzzards Bay Village Association for the Buzzards Bay Main Street design study; provided, that not less than $25,000 be expended for the operation of Berkshire Grown the buy local campaign of Berkshire county; and provided further, that not less than $200,000 shall be expended for a grant to the South Shore Tri-Town Development Corporation established in chapter 301 of the acts of 1998........................... $675,000"

Floor Number: 480 Clerk Number: 483

SMALL BUSINESS GRANT PROGRAM

Mr. Hart of Boston moves that the bill be amended in section 2, in item 7007-0515, by striking out the figures "$650,000" and inserting in place thereof the figures "$1,200,000" and in said item by adding at the end thereof the following: "provided further, that not less than $550,000 shall be made available for grants to partnerships of community-based organizations, community development corporations or community development financial institutions for the purpose of providing technical assistance or training to small businesses employing fewer than twenty people. Grants shall be awarded to those organizations, community development corporations, community development financial institutions, and partnerships with a track record of success in providing technical assistance or training to businesses employing fewer than 20 people. Of the $550,000, not more than $50,000 may be expended for the administration of this program;"

Floor Number: 481 Clerk Number: 527

MILTON BUSINESS REVITALIZATION

Mr. Joyce moves to amend the bill, in section 2, by striking out item 7007-0515 and inserting in place thereof the following item:-
"7007-0515 For economic development grants to be administered by the department of business and technology; provided, that not less than $150,000 be expended on the Cape Cod Regional Incubator Project to be operated by the Cape Cod Chamber of Commerce; provided further, that not less than $200,000 shall be expended on the operation of the Massachusetts Fisheries Recovery Commission; provided, that not less than $100,000 shall be expended by the Buzzards Bay Village Association for the Buzzards Bay Main Street design study; provided, that not less than $200,000 be awarded to the Town of Milton for the Central Avenue/Milton Village Business District Revitalization; and provided further, that not less than $200,000 shall be expended for a grant to the South Shore Tri-Town Development Corporation established in chapter 301 of the acts of 1998…………………………………………………………………………. $850,000".

Floor Number: 482 Clerk Number: 18

LAWRENCE ARLINGTON NEIGHBORHOOD ASSOCIATION

Ms. Tucker moves to amend the bill, in section 2, in line item 7007-0900, by inserting at the end thereof the following words:- "provided further, that not less than $60,000 shall be expended for an economic development project operated by the Arlington Neighborhood Association in the city of Lawrence."

Floor Number: 483 Clerk Number: 137

ECONOMIC DEVELOPMENT

Mr. Baddour moves that the bill be amended in section 2, by inserting in line item 7007-0900 after the words "and provided further that the office shall make every effort to develop tourism in under-visited regions of the commonwealth" the following:-
"; provided further, that funds shall be expended for an economic development project on Rt. 110 in Amesbury".

Floor Number: 484 Clerk Number: 178

US WOMEN'S OPEN

Mr. Rosenberg moves to amend the bill, in Section 2, in line item 7007-0900, by inserting after the words "travel and tourism;" the following:- "provided further, that not less than $100,000 shall be expended for the U.S. Women's Open;"

Floor Number: 485 Clerk Number: 364

WORCESTER CENTER FOR THE PERFORMING ARTS

Mrs. Chandler moves to amend the bill, in section 2, in item 7007-0900, by adding at the end the following wording:-
"; provided further, that not less than $125,000 shall be expended for a historic development project at the Worcester Center for the Performing Arts".

Floor Number: 486 Clerk Number: 26

AN AMENDMENT RELATIVE TO HISTORIC REDEVELOPMENT IN THE TOWN OF WILMINGTON

Mr. Tarr moves to amend the bill (Senate bill 2400) by adding, in Section 2, item 7007-0950 at the end thereof the following: -
"Provided further, that not less than $103,000 shall be expended for an historic redevelopment project at the West School in the Town of Wilmington."

Floor Number: 487 Clerk Number: 107

BUSINESS DISTRICT

Mr. Baddour moves that the bill be amended in section 2, by inserting in line item 7007-0950 after the words "Puerto Rican Cuatro Project, a cultural development project under the Spanish American Union, Inc. of Springfield" the following:-
"; and provided further that not less than $75,000 shall be expended for the Golden Triangle Business District improvement project in the city of Amesbury".

Floor Number: 488 Clerk Number: 162

WITHDRAWN

Floor Number: 489 Clerk Number: 224

BERKSHIRE CULTURAL DEVELOPMENT

Mr. Nuciforo moves to amend the bill, in section 2, by striking item 7007-0950, and inserting in place thereof the following:- "7007-0950 For grants to public and private nonprofit local and regional organizations to be awarded by the Massachusetts office of travel and tourism for tourism promotion; provided, that the organizations shall be required, as a condition of receiving a grant, to submit a total operating budget which identifies each source and use of operating and capital funds; provided further, that the grant shall not replace or supplant funding otherwise available to the centers from local chambers of commerce, regional tourist councils, and other public or private funding sources; provided further, that not less than $500,000 shall be made available through a grant application process established by the office of travel and tourism to offset deficits that may occur during fiscal year 2005 for the highway information centers operating year-round on state highways and federally-assisted highways, and the visitor information centers on Boston Common and the Prudential Center, both in the city of Boston; provided further, that notwithstanding any general or special law to the contrary, a grant of not less than $250,000 shall be transferred from this item to the Massachusetts office of business development for regional tourism and economic development in Southeastern Massachusetts including the Southcoast Development Project; provided further, that not less than $250,000 shall be granted to the Southcoast Development Partnership for the purposes of regional tourism and economic development in Southeastern Massachusetts; provided further, that not less than $250,000 be expended for the Massachusetts Sports and Entertainment Partnership; provided further, that not less than $200,000 shall be expended for the Merrimack Valley Economic Development Council; provided further, that not less than $155,977 shall be expended for the International Trade Assistance Center in Fall River; provided further, that not less than $100,000 shall be expended for the Freedom Trail Foundation; provided further, that not less than $100,000 shall be allocated for the I-495 Technology Corridor Initiative; provided further, that not less than $95,000 shall be expended for a grant to the Russian Community Association; provided further, that not less than $94,531 shall be expended for City Stage; provided further, that not less than $75,000 shall be expended for the Waltham Tourist Council; provided further, that $100,000 shall be expended for the Cape Cod Economic Development Council, Inc.; provided further, that not less than $150,000 shall be expended to the Berkshire Visitors Bureau for funds to be equally distributed to the Berkshire Museum in Pittsfield, the Mohawk Theatre in Great Barrington, and the Mahaiwe Theatre in North Adams; provided further, that not less than $35,000 shall be expended for the Pittsfield Office of Cultural Development; provided further, that not less than $75,000 shall be expended for the Old Provincial State House; provided further, that not less than $75,000 shall be expended for a technology training program operated by the Cape Cod Technology Council; provided further, that $75,000 shall be expended for the Puerto Rican Cuatro Project, a cultural development project under the Spanish American Union, Inc. of Springfield; provided further, that not less than $200,000 shall be allocated to Bay State Games; provided further, that not less than $100,000 shall be expended for a September 11 memorial at Battleship Cove in Fall River; provided further, that not less than $40,000 shall be expended as a grant for the Pioneer Valley Visitors and Tourist Information Center; provided further, that not less than $50,000 shall be expended for the New Bedford Art Museum; provided further, that not less than $180,000 shall be expended for the Belchertown Economic Development Industrial Corporation for a pre-development plan for reuse of a part of the Belchertown State School Property including, but not limited to, market research, environmental analysis and developer solicitation; provided further, that not less than $100,000 shall be expended for the city of Springfield's Office of Economic Development to develop a walking tour of the city of Springfield; provided further, that not less than $300,000 shall be expended for From the Top Inc.; and provided further, that not less than $25,000 shall be expended for the economic development project at the Salisbury Chamber of Commerce............3,625,508"

Floor Number: 490 Clerk Number: 319

JOHNNY APPLESEED VISITOR CENTER

Mr. Antonioni moves to amend the bill in section 2, in item 7007-0950, by striking out the figure $3,440,508 and inserting in place thereof the following figure: - "3,490,508" and in said item by inserting at the end thereof the following:- "provided further that not less than $50,000 be expended for the Johnny Appleseed Visitor Center".

Floor Number: 491 Clerk Number: 326

QUABBIN TOURISM

Mr. Brewer moves to amend the bill in section 2, in item 7007-0950, by adding at the end thereof the following:-
"provided further, that not less than $50,000 shall be expended for the Central Quabbin Area Tourism Association"

Floor Number: 492 Clerk Number: 408

ELCO DRESS MANUFACTURING COMPANY

Mr. Montigny moves to amend the bill in Section 2, by inserting in line item 7007-0950 after the words "Fall River" the following:-
"provided further, that not less than $200,000 shall be provided for an economic development project at the Elco Dress Factory in New Bedford."

Floor Number: 493 Clerk Number: 449

NORTH ATTLEBORO ECONOMIC DEVELOPMENT

Mr. Brown and Ms. Sprague move to amend the bill in section 2, in item 7007-0950 by inserting after the words "Russian Community Association;" the following wording:- "provided further, that not less than $75,000 shall be expended for an economic development project in North Attleboro;" and further moves to amend the bill in section 2, item 7007-0950, by striking the figure "$3,440,508" and inserting in place thereof the figure "3,465,508"

Floor Number: 494 Clerk Number: 595

MASSACHUSETTS FILM BUREAU

Messrs. Lees, Tisei, Tarr, Knapik, Brown and Nuciforo and Mrs. Sprague move to amend the bill, in section 2, in item 7007-0950, by inserting the following wording:-
"provided further, that $5,000 shall be expended for the Massachusetts Film Bureau and said agency shall be the primary service provider for film production and development in the Commonwealth"

Floor Number: 495 Clerk Number: 615

MEMORIAL AUDITORIUM

Mr. McGee moves that the bill be amended in section 2, in item 7007-0950, in line 4, by inserting after "funds" the following:

"provided further, that not less than $200,000 shall be expended for the restoration of the Memorial Auditorium in the city of Lynn."

Floor Number: 496 Clerk Number: 701

TOURISM PROJECT IN WESTBOROUGH

Ms. Resor moves to amend the bill (S. 2400) in section 2, in line item 7007-0950 by inserting at the end thereof the following:- "provided further that not less than $50,000 shall be expended for a tourism promotion project in Westborough."

Floor Number: 497 Clerk Number: 703

TECHNICAL AMENDMENT TO I-495 TECHNOLOGY CORRIDOR INITIATIVE

Mr. Magnani of Framingham and Ms. Resor of Acton move to amend the bill, in section 2, item 7007-0950, in line 26, by striking the word "allocated" and inserting in place thereof the following:- "expended".

Floor Number: 498 Clerk Number: 744

BRAINTREE ECONOMIC DEVELOPMENT PROJECT

Mr. Morrissey moves to amend the bill, in section 2, in line item 7007-0950 by inserting after the words "Salisbury Chamber of Commerce" the following:- "provided further, that no less then $100,000 be expended for an economic development project for the Town of Braintree."

Floor Number: 499 Clerk Number: 196

PILOT WIRELESS LEARNING INITIATIVE

Mr. Nuciforo moves to amend the bill (S.2400) in section 2, by striking out item 7007-1200 and inserting in place thereof the following:-
7007-1200 For a program to create and maintain a more favorable and responsive environment for the attraction and retention of technology-intensive clusters for the commonwealth; provided, that such clusters may be characterized by technological or market focus, geographic proximity or other shared interests; provided further, that cluster activities shall be deemed to be the (1) foster increased exercise of an essential governmental function intended to: collaboration among cluster organizations; (2) facilitate improved communications between the commonwealth and cluster organizations; (3) identify and respond to challenges and opportunities related to cluster organizations; (4) enhance the competitive position of cluster firms; (5) reduce the costs of doing business in the commonwealth through 1 or more purchasing cooperatives; and (6) generally improve the perception of the value and benefits of doing business in the commonwealth; provided further, that not less than $1,750,000 shall be expended on one-time grants-in-aid and related activities in support of the creation, operation, and evaluation of a pilot wireless learning initiative; provided further, that said grants shall be matched by contributions from public, private and other qualified investments equal to two times the expenditures on said pilot from this line item; provided further, said grants shall fulfill the commonwealth's entire obligation to said initiative; provided further, that amounts appropriated in this item shall be expended to the Massachusetts Technology Park Corporation to be held, applied and administered through its Massachusetts Technology Collaborative; provided further, that said corporation shall establish an independent advisory panel to advise said corporation relative to the most effective application of funds appropriated in this item; and provided further, that the executive director shall file a report with the house and senate committees on science and technology and the house and senate committees on ways and means detailing the activities undertaken with the funds appropriated herein by January 15, 2005 ……………………………..$2,250,000

Floor Number: 500 Clerk Number: 473

Withdrawn