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Floor Number: 601 Clerk Number: 192
AN ALL-ACCESS PLAYGROUND IN THE TOWN OF DENNIS
Mr. O'Leary moves to amend the bill in section 2, in item 4120-2000 by inserting after the words "Life Focus Center" the following:-
"; provided further, that not less than $20,000 shall be expended for an all-access playground in the town of Dennis".
Floor Number: 602 Clerk Number: 558
WITHDRAWN
Floor Number: 603 Clerk Number: 429
MASSACHUSETTS REHABILITATION COMMISSION
Mr. Joyce moves to amend the bill, in section 2, in item 4120-4010, by striking out the figure $1,065,000" and inserting in place thereof the following figure:- "$1,800,000".
Floor Number: 604 Clerk Number: 50
HEAD INJURY TREATMENT SERVICES TRUST FUND
Mr. Moore and Ms. Resor move to amend the bill by adding
at the end thereof the following new Section:- SECTION________.
Section
20 of chapter 90 of the Massachusetts General Laws, as amended by 2003, 26, Sec.
226 effective July 1, 2003, is hereby amended by striking out the second and third
sentences of the fourth paragraph and inserting in its place the following sentence:-
The total surcharge shall be transferred by the registrar of motor vehicles to
the state treasurer for deposit into the Head Injury Treatment Services Trust
Fund.
Floor Number: 605 Clerk Number: 272
CHILD CARE RESERVE
Mr. Rosenberg, Mr. Antonioni, Mr. Barrios, Mr. Brewer, Ms. Chandler, Mr. Creedon, Mr. Glodis, Mr. Knapik, Ms. Melconian, Mr. Montigny, Mr. O'Leary, and Ms. Resor move to amend the bill, in section 2, in line item 1599-0042, by inserting after the words ""child care worker," the following:- "provided further, that said increases shall be allocated to adjust rates of reimbursement paid to each provider by the same percentage across the commonwealth…"
Floor Number: 606 Clerk Number: 139
NORTHERN EDUCATION SERVICES
Ms. Melconian moves to amend the bill in section 2, in item
4130-1000, by inserting after the words "parents" the following:-
", provided further that not
less than $811,000 shall be expended for the Springfield Catchment Area with the
Northern Educational Services, Inc. (NES) so-called, as the lead agency".
Floor Number: 607 Clerk Number: 555
OFFICE OF CHILD CARE SERVICES
Mr. Tarr moves to amend the bill, in section 2, in item 4130-2998, by striking out the text from the word "and" in line and 6 to the words "fiscal years 2005".
Floor Number: 608 Clerk Number: 21
TRIAL COURT CHILD CARE
Ms. Tucker moves to amend the bill, in section 2, in item 4130-3050, by adding the following wording:- " provided further that not less than $2,000,000 shall be expended for the trial court child care program"
Floor Number: 609 Clerk Number: 424
TRIAL COURT CHILD CARE SERVICES
Ms. Wilkerson moves to amend the bill in Section 2, in item 4130-3050 by inserting after the words "adequate access to child care for all eligible individuals" the following: --
"; provided further, that not less than $2,000,000 shall be expended for the trial court child care program;"
Floor Number: 610 Clerk Number: 551
OFFICE OF DISABILITY
Mr. Joyce moves to amend the bill, in section 2, in item 1107-2400, by striking out the figure "$573,469" and inserting in place thereof the following figure:- "$634,000".
Floor Number: 611 Clerk Number: 506
RAISES FOR HUMAN SERVICE WORKERS
Mr. Barrios and Mr. Joyce move to amend the bill (S. 2400),
in line-item 1599-6901, by inserting the following language:-
"Provided further, the raises provided
through this line item shall be above and beyond any already agreed to and/or
collectively bargained pay increases."
Floor Number: 612 Clerk Number: 464
WAYLAND VETERAN'S MEMORIAL
Mr. Brown moves to amend the bill, in section 2, in item 1410-0010, by inserting after the words "Green Hill Park in Worcester;" the following wording:- "provided further that not less than $5,000 be expended for a Veteran's Memorial in the town of Wayland;"
Floor Number: 613 Clerk Number: 481
OUTREACH CENTERS
Mr.
Antonioni moves to amend the bill, in section 2, in item 1410-0012, by striking
out the figure "$167,394" and inserting in place thereof the following
figure:- "$292,480".
And further moves to amend the item by striking
out the figure "$1,089,114" and inserting in place thereof the following
figure:- "$1,214,200".
Floor Number: 614 Clerk Number: 222
VETERANS HOMELESS SERVICES UNITED VETERANS OF AMERICA
Mr. Nuciforo and Mr. Rosenberg move to amend the bill, in section 2, in line item 1410-0250, by striking the language after the words "city of Haverhill;", and inserting the following:- "provided further, that not less than $200,000 shall be obligated for a contract with the United Veterans of America Shelter located in the town of Leeds ;"
Floor Number: 615 Clerk Number: 361
VETERANS SHELTER
Mrs. Chandler and Mr. Glodis move to amend the bill, in section 2, in item 1410-0250, by striking out the figure "303,966", and inserting in place thereof the following figure:- "453,966".
Floor Number: 616 Clerk Number: 479
VETERAN'S HOMELESS SHELTERS
Mr. Antonioni moves to amend the bill, in section 2, in
item 1410-0250, by striking out the figure "$108,000" and inserting
in place thereof the following figure:- "$120,000".
And further moves to amend the item by striking
out the figure "$1,347,124" and inserting in place thereof the following
figure:- "$1,359,124".
Floor Number: 617 Clerk Number: 570
NEW ENGLAND SHELTER FOR HOMELESS VETERANS
Mr. Creedon and Mr. Joyce move to amend the bill, Senate 2400, in section 2 in line item 1410-0251 by striking the figure "$2,093,735" and inserting in place thereof the following figure: "$2,593,735"
Floor Number: 618 Clerk Number: 341
VETERANS' CEMETERIES
Mr. Brewer and Mr. Lees move to amend the bill, in section 2, in item 1410-0630, by striking out the figure "$850,381" and inserting in place thereof the following figure:- "$859,816"
Floor Number: 619 Clerk Number: 764
DTA ADMINISTRATION
Mr. McGee moves to amend the bill in section 2 in item 4400-1000, by striking out the figure "117,806,865" and inserting in place thereof the following figure "62,806, 865," and by inserting after item 4400-1000 the following item:
"4400-1100 For AA subsidiary payroll, so-called, of the department's caseworkers, so-called; provided, that only employees of bargaining unit eight, so-called, shall be paid from this item; and provided further, that any other expenses associated with said employees shall be paid from items 4400-1000 and 4400-9999…55,000,000"
Floor Number: 620 Clerk Number: 444
EOHHS EA PROGRAM
Mr. Lees moves that the bill be amended in Section 2, in
item 4403-2120, in line 6, by striking out the following: "provided, however,
that any family whose income exceeds 100 per cent of the federal poverty level
while the family is receiving assistance funded by this item, shall not become
ineligible for assistance due to exceeding the income limit for a period of
6 months from the date that the 100 per cent level was exceeded; provided further,
that the department shall establish reasonable requirements for such families
to escrow some or all of the portion of their income which exceeds 100 per cent
of the federal poverty level, provided further, that any such escrowed funds
shall be exempt from otherwise applicable asset limits; provided further that
the family shall be allowed to withdraw the amount placed in escrow upon transition
to permanent housing or losing eligibility for shelter services;" and inserting
in place thereof the following: --
"provided
further, the department shall promulgate regulations to implement a pilot program
permitting shelter recipients whose earned income exceeds the eligibility standard
to establish an escrow account and deposit in said account that portion of their
income that exceeds the eligibility standard; provided further, that said regulations
shall permit the department to establish standards to ensure that the pilot program
is cost effective and does not cause a deficiency in the account; provided further,
that said standards may include establishing a time limit on eligibility for the
pilot program, placing a maximum on the amount of the escrow account, limiting
the number of families that may participate in the pilot, or any other reasonable
measures to ensure the level of funds appropriated to this account are not exceeded;"
Floor Number: 621 Clerk Number: 605
STUDY ON HOUSEHOLDS APPLYING FOR EMERGENCY ASSISTED FUNDED FAMILY SHELTER
Mr. McGee moves to amend the bill in section 2, by inserting
in line-item 4403-2120 in line 39 after the word "contrary" the following
item:
"That the department
shall report quarterly to the house and senate committees on ways and means on
the number of families who apply for emergency assisted funded family shelter,
the number of families approved for shelter, the number of families denied shelter
along with reasons for denials, the home community of families receiving shelter,
the number of families receiving shelter within each home community, the number
of available shelter slots within each home community, the income level of families
receiving shelter, the number of families receiving shelter who had previously
accessed state-funded programs to reduce homelessness and the programs that had
been accessed, the composition of the families receiving shelter, the reason that
the household is seeking emergency family shelter, and other information that
the department determines to be necessary in evaluating the operation of the emergency
assistance family shelters program; provide further, that the report shall also
include information, by type of shelter, on average length of stay, average cost
per household served, average number of shelter slots not used either as the result
of no placement being made or of a placed family not making use of the shelter,
and an analysis of this data, including an analysis of causes relating to any
significant differences in the data for each type of shelter, provided further,
that the report shall provide a status report on efforts to increase the number
of units of scattered site shelters".
Floor Number: 622 Clerk Number: 353
PEOPLE IN PERIL (PIP) SHELTER
Mrs. Chandler moves to amend the bill, in section 2, in
item 4406-3000, by adding at the end the following wording:-
"provided, however, that not less than
$ 200,000 shall be expended for the women's shelter operated by SMOC of Massachusetts
at the People in Peril shelter in the City of Worcester".
Mrs. Chandler moves to further amend the bill, in section 2, in item 4406-3000, by striking out the figure "$30,000,000" and inserting in place thereof the following figure:-"$30,200,000".
Floor Number: 623 Clerk Number: 435
DTA INDIVIDUAL HOMELESS SHELTER
Mr. Pacheco of Taunton moves to amend the bill in Section
2, line item 4406-3000, by adding at the end thereof the following: -
"; and provided further,
that not less than $10,000 be expended for the Turning Point Day Resource Center
for the Homeless in the town of Wareham".
Floor Number: 624 Clerk Number: 636
WITHDRAWN
Floor Number: 625 Clerk Number: 441
EOHHS DTA WORK
Mr. Lees moves that the bill be amended by striking out
section 222 and inserting in place thereof the following section: -
SECTION 222. Subsection (j) of section
110 of chapter 5 of the acts of 1995, as most recently amended by section 528
of chapter 26 of the acts of 2003, is hereby further amended by striking the first
paragraph and inserting in place thereof the following paragraph: - The department
shall administer a program, to be known as the work program, for families that
are not exempt under subsection (e). Under the work program, the head of household
in each family, or each parent in a two-parent family, shall work 34 hours, except
that the work requirement shall be 24 hours when the youngest child of record
is under the age at which full-time school attendance is mandatory in the city
or town where the child resides. Said work requirement may be met by working in
a job for which compensation is paid; by working full time in the full employment
program established in subsection (l); or by participating in community service.
Notwithstanding any general or specific law to the contrary, the department is
authorized to promulgate regulations concerning the work requirement, including
additional activities that may meet said requirements, provided that any such
regulations enhance the ability of the department to satisfy requirements of federal
law, including those pertaining to participation rates. At the discretion of the
commissioner, recipients subject to said work requirement who fail to meet said
requirement shall not receive assistance.
Floor Number: 626 Clerk Number: 686
DTA WORK REQUIREMENTS
Mr. Magnani of Framingham moves to amend the bill, in section
222, by striking the following words:-
"for 24 hours each week if the youngest child of record
is between the age at which full time schooling is mandatory and age 9, and for
30 hours each week if the youngest child of record is 9 years of age or older."
And replace it with the following words:
" and for 24 hours each week
if the youngest child of record is older than the age at which full time schooling
is mandatory
Floor Number: 627 Clerk Number: 792
TAFDC WORK REQUIREMENT FOR WOMEN ON WELFARE
Mr. McGee moves to amend the bill by striking section 222
and inserting in place thereof:-
The department shall
administer a program, to be known as the work program, for families that are not
exempt under section (e); provided, however, that the family has received assistance
from the program of transitional aid to families with dependent children for sixty
days. Said program shall require that the head of household in each such family,
or both parents in a two-parent family, shall participate in work-related activities
for twenty hours each week if the youngest child of record is between the ages
of two and the age at which full time schooling is mandatory, for twenty hours
each week if the youngest child of record is between the age at which full time
schooling is mandatory and age nine, and for thirty hours each week if the youngest
child of record is nine years of age or older; provided that, said requirement
shall not exceed twenty hours for a parent or head of household who is in emergency
shelter and complying with housing search requirements. Said requirement may be
met by working in a job for which compensation is paid; by working full time in
the full employment program established by subsection (l); by participating in
community service pursuant to the provisions of subsection (k); or by participating
in education or training programs that meet the requirements of the federal Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 or any successor
thereto, including activities required by or necessary for the successful completion
of any such education or training program. At the discretion of the commissioner,
recipients subject to said work requirement who fail, without good cause, to meet
said requirement shall not receive assistance.
Good cause for failure to comply
with the work program or the terms of an employment development plan shall exist
when the recipient's noncompliance is due to lack of appropriate and available
child care, lack of affordable and reliable transportation, lack of an available
and appropriate community service site identified by the department, illness or
disability, or other good cause reasons determined by the department. For purposes
of this paragraph, a determination as to whether an available child care slot
is appropriate shall take into consideration factors that the office for child
care services recommends be considered or that a reasonable and responsible parent
would consider in deciding whether a child care slot is appropriate, including
the time required to travel to and from the provider and the recipient's home,
work or other activities. Before determining that a recipient has failed to comply
with the work program or the terms of an employment development plan without good
cause, the department shall review all good cause criteria with the recipient
to determine if good cause exists.
Floor Number: 628 Clerk Number: 638
LEASE OR SALE OF LAND IN NORTHBOROUGH
Ms. Resor moves to amend the bill (S. 2400) in Section 2, line item 1102-3206 as follows:- "Notwithstanding any law to the contrary, the Massachusetts department of mental health and the division of capital assets management are hereby authorized to enter into agreement with the Town of Northborough regarding the sale, lease, or conveyance of certain parcels of land located in said town, adjacent to the Westborough State Hospital for the purpose of passive recreational use."
Floor Number: 629 Clerk Number: 344
MUNICIPAL INCENTIVES FOR SMART GROWTH ZONING
Ms. Chandler moves to amend the bill, in Section 103, by striking out the definition of "smart growth zoning district plan".
Floor Number: 630 Clerk Number: 552
ESTATE RECOVERY
Mr. Creedon, Mr. Morrissey, Mr. Joyce, Ms. Creem, Mr. Montigny
and Mr. McGee move to amend the bill, Senate 2400, in section 233 by striking
the language "Section 329 of chapter 26 of the Acts of 2003 is hereby repealed"
and inserting in place thereof the following language
SECTION 233. Section 31 of Chapter 118E
of the General Laws, as amended by chapter 26 of the acts of 2003, is hereby amended
by striking subsections (c) and (c ½) and inserting in place thereof the
following:-
(c) For purposes of this section, "estate" shall mean
all real and personal property and other assets includable in the decedent's probate
estate under the General Laws.
and move that the bill be further amended in
section 235 by striking the language "Section 330 of chapter 26 of the Acts
of 2003 is hereby repealed" and inserting in place thereof the following
language:-
SECTION 235. Section 32 of Chapter 118E of the General Laws,
as amended by chapter 26 of the acts of 2003, is hereby amended by striking
it in its entirety and inserting in place thereof the following:-
Section 32.
(a) Notwithstanding any provision of law to the contrary, a petition for admission
to probate of a decedent's will or for administration of a decedent's estate shall
include a sworn statement that copies of said petition and death certificate have
been sent to the division by certified mail. Within thirty days of a request by
the division, an executor or administrator shall complete and send to the division
by certified mail a form prescribed by the division and provide such further information
as the division may require.
In the event a petitioner fails to send copies
of the petition and death certificate to the division and the decedent received
medical assistance for which the division is authorized to recover under section
thirty-one, any person receiving a distribution of assets from the decedent's
estate shall be liable to the division to the extent of such distribution.
(b) The division may present claims against a decedent's estate as follows: (1)
within four months after approval of the official bond of the executor or administrator,
file a written statement of the amount claimed with the registry of probate where
the petition was filed and deliver or mail a copy thereof to the executor or administrator.
The claim shall be deemed presented upon the filing of the claim in the registry
of probate; or (2) within one year after date of death of the decedent, commence
an action under the provisions of section 9 of chapter 197.
(c) When presenting
its claim by written statement under subsection (b), the division shall also notify
the executor or administrator of (1) the circumstances and conditions which must
exist for the division to be required to defer recovery under section 31 and (2)
the circumstances and conditions which must exist for the division to waive recovery
under its regulations for undue hardship.
(d) The executor or administrator
shall have 60 days from the date of presentment to mail notice to the division
by certified mail of one or more of the following findings: (1) the claim is disallowed
in whole or in part, or (2) circumstances and conditions where the division is
required to defer recovery under section 31 exist, or (3) circumstances and conditions
where the division will waive recovery for undue hardship under its regulations
exist. A notice under clause (2) or (3) shall state the specific circumstances
and conditions which exist and provide supporting documentation satisfactory to
the division. Failure to mail notice under clause (1) shall be deemed an allowance
of the claim. Failure to mail notice under clause (2) shall be deemed an admission
that the circumstances or conditions where the division is required to defer recovery
under section 31 do not exist. Failure to mail notice under clause (3) shall be
deemed an admission that the circumstances and conditions for the division to
waive recovery for undue hardship under its regulations do not exist.
(e)
If the division at any time within the period for presenting claims under subsection
(b) amends the amount due, the executor or administrator shall have an additional
60 days to mail notice to the division under subsection (d)(1).
(f) If the
division receives a disallowance under clause (1) of subsection (d), the division
may commence an action to enforce its claim in a court of competent jurisdiction
within 60 days after receipt of said notice of disallowance. If the division receives
a notice under clause (2) or (3) of said subsection (d), with which it disagrees,
the division may commence an action in a court of competent jurisdiction within
60 days after receipt of said notice. If the division fails to commence an action
after receiving a notice under clause (2) of said subsection (d), the division
shall defer recovery while the circumstances or conditions specified in said notice
continue to exist. If the division fails to commence an action after receiving
a notice under clause (3) of said subsection (d), the division shall waive recovery
for undue hardship.
(g) Unless otherwise provided in any judgment entered,
claims allowed pursuant to this section shall bear interest at the rate provided
under section 6B of chapter 231 commencing four months plus 60 days after approval
of the official bond of the executor or administrator.
Notwithstanding the
foregoing, if the division fails to commence an action after receipt of a notice
under clause (2) of subsection (d), interest at the rate provided under section
6B of chapter 231 shall not commence until the circumstances or conditions specified
in the notice received by the division under said clause (2) cease to exist. The
executor or administrator shall notify the division within 30 calendar days of
any change in the circumstances or conditions asserted in said clause (2) notice,
and upon request by the division, shall provide updated documentation verifying
that the circumstances or conditions continue to exist.
If the division's
claim has been allowed as provided herein and no circumstances and conditions
requiring that the division defer recovery under section 31 exist, it may petition
the probate court for an order directing the executor or administrator to pay
the claim to the extent that funds are available or for such further relief as
may be required.
(h) Notice of a petition by an executor or administrator
for a license to sell real estate shall be given to the division in any estate
where:
(1) the division has filed a written statement of claim with the registry
of probate as provided in subsection (b); or
(2) the division has filed with
the registry of probate a notice, as prescribed under subsection (a) of section
9 of chapter 197, that an action has been commenced.
(i) In all cases where:
(1) the division determines it may have a claim against a decedent's estate;
(2) a petition for administration of the decedent's estate or for admission to
probate of the decedent's will has not been filed; and
(3) more than one year
has passed from the decedent's date of death, the division is hereby authorized
to designate a public administrator to be appointed and to serve pursuant to chapter
194. Said designation by the division shall include a statement of the amount
claimed. This provision shall apply to all estates in which no petition for administration
of the decedent's estate or for admission to probate of the decedent's will has
been filed as of the effective date of this section, regardless of the decedent's
date of death.
(j) If the executor or administrator wishes to sell or transfer
any real property against which the division has filed a lien or claim not yet
enforceable because circumstances or conditions specified in section 31 continue
to exist, the division shall release the lien or claim if the executor or administrator
agrees to (1) either set aside sufficient assets to satisfy the lien or claim,
or to give bond to the division with sufficient surety or sureties and (2) repay
the division as soon as the circumstances or conditions which resulted in the
lien or claim not yet being enforceable no longer exist. Notwithstanding the foregoing
provision or any general or special law to the contrary, the division and the
parties to the sale may by agreement enter into an alternative resolution of the
division's lien or claim.
And move that the bill be further amended by adding
at the end thereof the following new section:-
SECTION ____. Chapter 26 of
the Acts of 2003 is hereby amended by striking section 703, as amended by Chapter
140 of the Acts of 2003, in its entirety.
Floor Number: 631 Clerk Number: 758
MUNICIPAL INCENTIVES FOR SMART GROWTH ZONING
Mr. Pacheco of Taunton moves to amend the bill in section
307, in line 3, by adding after the words "cities and towns may become
subject" the following words: -
"; provided further, that
any formula developed will reflect the district's actual cost of educating students
by program and grade level."
Floor Number: 632 Clerk Number: 568
LONG-TERM LEASING OF URBAN PARKS RINKS
Mr. Pacheco of Taunton moves to amend the bill in outside Section 308 by striking sub- section (c) and inserting in place thereof a new subsection (c):-
" (c) Notwithstanding any general or special law to the contrary, it shall be a mandatory term of any request for proposals issued by the commissioner and of any contract entered into by the Commonwealth with any party regarding the subject matter of this section that any party which has entered into a contract pursuant to this section with the Commonwealth shall require, in order to maintain stable and productive labor relations and to avoid interruption of the operation of the rinks and to preserve the safety and environmental conditions of those rinks, that all employees currently working on the operation and maintenance of the rinks be offered employment by any party entering into a contract pursuant to this section, and that any such contract shall adopt all terms and conditions of employment provided by the last applicable labor agreement negotiated between the labor organization representing said employees and the employer who has most recently employed said employees prior to entering into any contract pursuit to this act; provided, however, that any party entering into such contract with the commonwealth pursuant to this section shall pay all of said employees not less than the sum of applicable wages paid to said employees by the previous employer. Any such party entering into such contract with the commonwealth shall negotiate a successor agreement with the last applicable labor organization representing said employees prior to the expiration of the existing contract. Such parties shall agree to meet their legal obligations with regard to any labor organization representing employees engaged in the operation and maintenance of the rinks described herein. Notwithstanding any special or general law to the contrary, any party entering into such contract with the Commonwealth shall provide all employees working on the operation and maintenance of the rinks with all of the rights and benefits including retirement and pension benefits, including seniority rights, compensation and salary grade, accrued rights to holidays, sick leave, vacation and benefits, union representation or certified collective bargaining unit as certified by the state labor relations commission, and local union representation or affiliation that are at least equal to said employees' benefits provided by the Commonwealth. Notwithstanding any other provisions of this act any proposal not complying with the above terms shall be disqualified from consideration.
Floor Number: 633 Clerk Number: 153
21st CENTURY FUND
Mr. Hart of Boston moves to amend the bill in section 329 by striking the words "1 member from the AFL-CIO, 1member form the Service Employees International Union" and replacing it with "the President of the Massachusetts AFL-CIO or their designee, the President of the Service Employee International Union State Council or their designee."
FLOOR NUMBER: 634 CLERK NUMBER: 246
21ST CENTURY WORKFORCE DEVELOPMENT AND TRAINING COUNCIL
Mr. Hart of Boston moves to amend the bill, in section 329, by inserting after the words "Commonwealth Corporation;" the following:- "1 member from the Workforce Investment Association of MA, Inc. 1 representative from a Massachusetts member city of the United States Conference of Mayors Workforce Development Council, 1 member from the Boston Youth Providers Service Network"
Floor Number: 635 Clerk Number: 427
21ST CENTURY WORKFORCE DEVELOPMENT AND TRAINING COUNCIL - MEMBERSHIP CLARIFICATION
Ms. Wilkerson and Mr. Tolman move to amend the bill, in Section 329, by striking the third paragraph and inserting in place thereof the following new paragraph: --
"The council shall consist of the following members:
2 members to be appointed by the governor, 1 of whom shall be the director of
the department of workforce development, or his designee, 2 members to be appointed
by the president of senate, 2 members to be appointed by the speaker of the
house of representatives, the chancellor of the board of higher education or
his designee, 1 member from the Massachusetts Business Roundtable, 1 member
from the Associated Industries of Massachusetts, 1 member of the Massachusetts
Institute for a New Commonwealth, 1 member from the AFL-CIO, 1 member from the
Service Employees International Union, 1 member from the Massachusetts Workforce
Investment Board Association, 1 member from the Massachusetts
Coalition for Adult Education, 1 member from the Community College
Council of Presidents, 1 member from the state Workforce Investment Board, and
2 members representing community based organizations and immigrant populations
with 1 selected by the Massachusetts Immigrant and Refugee Advocacy Coalition
and 1 selected by the Massachusetts Workforce Alliance, 1 member from the Commonwealth
Corporation, 1 member from Action for Boston Community Developmen, and a representative
from JFY Networks."
Floor Number: 636 Clerk Number: 610
21st CENTURY WORKFORCE
Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Brown and
Mrs. Sprague move to amend the bill in Section 329 by inserting after the words
"president of the senate" the following words:-
"the minority leader of the senate or his designee",
and move to further amend the bill in said section by inserting after the words
"speaker of the house of representatives" the following words:-
"the minority leader of the house of representatives or his designee"
Floor Number: 637 Clerk Number: 613
HEALTH CARE TASK FORCE
Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Brown and
Mrs. Sprague move to amend the bill in Section 331 by inserting after the words
"senate president" the following words:-
", one of whom shall be the senate minority leader",
and move to further amend the bill in said section by inserting after the words
"speaker of the house of representatives" the following words:-
", one of whom shall be the house minority leader"
Floor Number: 638 Clerk Number: 614
HYNES CONVENTION CENTER COMMISSION
Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Brown and
Mrs. Sprague move to amend the bill in Section 338 by inserting after the words
"president of the senate" the following words:-
", one of whom
shall be the senate minority leader",
and move to further amend the bill
in said section by inserting after the words "speaker of the house of representatives"
the following words:-
", one of whom shall be the house minority leader"
Floor
Number: 639 Clerk Number: 412
COMMONWEALTH DEVELOPMENT
Mr. Lees moves that the bill be amended in section 8A, by striking out the words "but shall not have supervisory authority over other cabinet members".
Floor Number: 640 Clerk Number: 2
MARRIAGE LAWS
Mr. Barrios, Mr. Rosenberg, Mr. Montigny, Ms. Creem, Mr.
O'Leary, Ms. Resor, Ms. Melconian move to amend the bill (S. 2400) by inserting
after Section 206 the following section:-
"SECTION 206A. Chapter 207 of the General Laws is hereby amended
by repealing sections 11, 12, 13 and 50."
Floor Number: 641 Clerk Number: 3
COMMUNITY SERVICE REFORM, CREATION OF THE COMMONWEALTH SERVICE CORPS
Mr. Pacheco moves to amend the bill by inserting, after
Section ____, the following new Section:-
SECTION _____.
This act shall be known and may be cited as the " Community Service Reform,
Creation of the Commonwealth Service Corps ".
SECTION 2. The general
court finds that the commonwealth has a strong history of community service and
community service-learning, with a vast array of programs that successfully mobilize
volunteers and encourage students to be active members of their communities. Every
day thousands of people across the commonwealth generously give their time to
educate students, assist the elderly, protect our city streets and address other
critical community needs; that the increasing demand for services, and limited
financial resources of the commonwealth, have contributed to the need to call
up the energy, compassion, inventiveness, and the entrepreneurial spirit of all
citizens to help solve many of the problems facing their communities; that research
shows community service-learning helps meet the goal of education reform by improving
student learning, enhancing student performance, and promoting the ethic of service;
that the entire state benefits from building upon the experience, expertise and
successes of the higher education service community to create the system-wide
Commonwealth Service Corps; and that it is in the commonwealth's best interest
to promote new reforms that will better coordinate volunteers, engage students
in their communities, utilize funds, foster communication among organizations,
identify the needs of the state and replicate successful models.
The purpose
of these reforms is to make the commonwealth a national leader for community service,
community service-learning, and volunteerism.
SECTION 3. Chapter 6 of the
General Laws is hereby amended by striking out sections 209 to 213, inclusive,
as appearing in the 2002 Official Edition.
SECTION XX. ESTABLISHING A NEW
CHAPTER, Ch 6B.
Section 1. A Massachusetts National and Community Service
Commission, known as the Massachusetts Service Alliance and referred to in this
chapter as the Alliance, is hereby established to advise and assist in the development
and implementation of a comprehensive, state-wide plan for promoting volunteer
involvement and citizen participation, as well as to serve as the Commonwealth's
liaison to national and state organizations which support the Alliance's mission.
The Alliance shall establish guidelines and programs to reform, expand, replicate
and implement community service and volunteer opportunities in the Commonwealth.
The programs and activities shall be coordinated among state departments and agencies
to optimize the allocation of resources. The Alliance shall promulgate regulations
necessary to implement this section.
Section 1 (a) The Alliance Board of Commissioners
shall consist of between fifteen (15) and twenty-five (25) voting members, three
(3) ex-officio, non-voting members, and other ex-officio, non-voting members as
the governor shall deem appropriate, all appointed by the governor. The chair
shall be elected by the voting members. Members shall serve without compensation
but shall be reimbursed for customary and usual expenses directly incurred in
the performance of their duties.
Section 1 (b). The voting members of the
Alliance shall include the following:
1) A representative of a community based
organization or agency in the state.
2) The Commissioner of Education or designee
3) The Secretary of Environmental Affairs or designee
4) The Secretary of
Elder Affairs or designee
5) The Commissioner of Employment and Training or
designee
6) A representative of local government in the Commonwealth
7)
A representative of local labor organization s in the Commonwealth
8) A representative
of business
9) At least one individual between the ages of 16 and 25 who is
a participant or supervisor of a service program for youth, or of a campus based
or national service program.
10) A representative of a national service program
11) An individual with expertise in the educational, training, and development
needs of youth, particularly disadvantaged youth.
12) An individual with expertise
in promoting the involvement of adults (as defined in the domestic volunteer service
act of 1973, as amended, 42 U.S.C. 4950 et seq.) in service and volunteerism
Section 1(c) Other voting members may include the following: educators, including
representatives from institutions of higher education and local education agencies;
experts in the delivery of human, educational, environmental, or public safety
service to communities and persons; representatives of native American tribes;
out of school or at risk youth; representatives of programs that are administered
or receive assistance under the Domestic Volunteer Service Act, such as VISTA,
Senior Companions, Retired Senior Volunteer or Foster Grandparent Programs.
Section 1 (d). Ex-officio, non-voting members shall include: a representative
of the governor's office; a representative of the Corporation on National and
Community Service.
Section 1 (e). Members shall be appointed to staggered
renewable three-year terms.
Section 1(f). No more than 50% plus one of the
voting members shall be of the same political party and no more than 25% of the
voting members shall be employees of the commonwealth of Massachusetts.
Section.
1 (g). To the maximum extent possible the Alliance shall be diverse with respect
to race, ethnicity, age, gender, and disability characteristics.
Section 1
(h). Vacancies among the members shall be filled by the governor to serve for
the remainder of any un-expired term.
Section 1(i) All votes of the Alliance
will be decided by a majority of those present.
Section 2. The Alliance's
duties and responsibilities shall include but not be limited to, the following:
1) Fulfilling the requirements of a state commission as defined and outlined
by the National and Community Service Trust Act of 1993;
2) coordinating the
advice of and providing counsel to other state agencies and organizations using
community service and volunteerism as a strategy to assist in the solution of
local, regional, and statewide problems;
3) initiating and carrying out studies
and analyses of proposed and implemented service and volunteer programs, which
will aid in the solving of local, regional, and statewide issues.
4) serving
as an advocate for the needs of volunteers;
5) adopting regulations to expand
corps opportunities to address all community needs, such as education, environment,
public safety, public health, and employment and training;
6) acting as a
clearinghouse for information, data, and other materials relative to community
service and volunteer opportunities;
7) ensuring the coordination of community
service and volunteer corps operating in the commonwealth;
8) encouraging
the corporate community of the commonwealth to become an active partner in the
support, advocacy and promotion of community service and volunteer opportunities
in the commonwealth;
9) requiring the assistance and participation of any
department, division, bureau, commission or agency of the commonwealth in order
to carry out its duties;
10) advising and informing the general court and
governor on the affairs and problems of community service and volunteer opportunities
in the commonwealth; and
11) developing outcome guidelines for accreditation
of State Employees Responding as Volunteers program, higher education service
sites and other programs as deemed necessary.
Section 3. All agencies are
hereby authorized and directed to cooperate with the Alliance in carrying out
its functions.
Section 4. Community Service-Learning Advisory Council.
The Massachusetts Service Alliance shall appoint a community service-learning
advisory council consisting of not less than ten nor more than thirty members.
These persons shall represent a wide range of professions and institutions involved
in education and community service, which will include, but not be limited to
teachers, superintendents, counselors, students, school board members, independent
agencies, business community, a Massachusetts Service Alliance member, a Massachusetts
Campus Compact member, union representative and program coordinators. The alliance
or designee shall chair the advisory council.
Section 4 (a). The advisory
council shall assist the alliance, commissioner of education and the board of
higher education in the development of a statewide initiative to integrate the
philosophy and practice of community service-learning into the public schools,
colleges and universities. These guidelines shall be directly linked to the Education
Reform Act pursuant to chapter 71 of the acts of 1993.The council shall develop
guidelines and criteria for disseminating grants to districts through a competitive
process and the establishment of professional development opportunities for teachers,
students, and community partners. The council shall develop a plan to require
all districts to integrate community service-learning into curricula and teaching
practices over a five-year period, beginning September, first, two thousand and
five.
Section 5.The Alliance shall report annually to the clerk of the senate
and house of representatives on or before January first, pursuant to SECTION 12
of this chapter.
SECTION 4. Said chapter 6 is hereby further amended by striking
out section 121, as so appearing.
SECTION 6. Said chapter 29 is hereby further
amended by inserting after section 31E, as so appearing, the following section:-
Section 31F. Expand the State Employees Responding as Volunteers program pursuant
to section 31E of chapter 29 to address additional community needs, such as environmental,
educational, health and public safety issues throughout Massachusetts, through
volunteer opportunities at accredited non-profit organizations.
Such programs
shall be part of an aggressive advertising campaign targeting, but not limited
to, public employees and public institutions.
SECTION 7. Chapter 69 of the
General Laws is hereby amended by inserting after section 10A, as so appearing,
the following 9 sections:
Section 10B. Notwithstanding the provisions of any
general or special law or regulation to the contrary, the commissioner is authorized
and directed, in coordination with the Massachusetts Service Alliance, to establish
a curriculum based community service-learning initiative in all pubic schools.
Section 10D. The following words in this chapter shall, unless the context requires
otherwise, have the following meaning:-
"Community" can be a family,
classroom, school, neighborhood, town or world as basis for community service-learning.
"Community Service-Learning" is a pedagogical approach to learning and
a methodology for teaching. It incorporates the study of local community problems
and larger social issues into the classroom curriculum, using real world scenarios
as the basis for learning curricular content and developing skills including,
but not limited to critical and creative thinking skills, problem solving, reasoning,
communication and collaboration skills hereinafter referred to as the Common Core
of Learning. Community service-learning enables students to be active, contributing
members of society;
"Commissioner" the commissioner of education;
"Department", the department of education; and "Board", the
board of education.
Section 10E. The purpose of this program shall be to ensure
each school in the commonwealth provides opportunities for each student enrolled
in the Massachusetts public schools to participate in community service-learning
as a part of their regular academic courses including but not limited to mathematics,
science, English language arts, history and social studies, art, health and world
languages and other courses designed to address the student learning goals and
standards outlined in the Education Reform Act pursuant to chapter 71 of the acts
of 1993 and to increase the number of teachers using community service-learning.
This program shall provide schools with targeted professional development, resources
and grant awards to systematically integrate community service-learning into academic
courses of study and to encourage schools and school districts to incorporate
community service-learning into school-wide goals and school improvement plans
pursuant to section 59-C of chapter 71. The program will require that schools
use community service-learning as a strategy for implementing education reform
and to make important structural and organizational changes that support improved
student learning and teacher professionalism.
Section 10H. The commissioner, with the advisory council,
shall have the responsibility and authority to:
(1) Ensure each school in the commonwealth provides opportunities for students
to participate in community service-learning as a part of their regular academic
courses including but not limited to mathematics, science, English language arts,
history and social studies, art, heath and world languages and other courses designed
to address the student learning goals and standards outlined in the Education
Reform Act pursuant to chapter 71 of the acts of 1993;
(2) Ensure that each
student enrolled in the Massachusetts public school system participates in community
service-learning at least once at each grade level;
(3) Each community service-learning
experience will consist of the following standards: 1) Ensure that students understand
how the needs of the community are identified or, when appropriate, will identify
the needs of the community; 2) Ensure that students develop, acquire and demonstrate
curricular knowledge and skills through participation in an integrated community
service-learning experience; 3) Ensure that students acquire a developmentally
appropriate understanding of the relationship between school, community and the
importance of school-community partnerships; 4) Ensure that students and teachers
will work in collaboration with individuals and organizations in the community
when appropriate in order to develop and implement meaningful community service-learning
experiences that reflect their understanding of school and community relationships;
(4) Ensure that integration of community service-learning into academic curricula
and teaching practices will be aligned with the K-12 curriculum frameworks and
learning standards for the commonwealth and will be developed as per guidelines
developed by the advisory council and adopted by the department;
(5) Ensure
that each school incorporates the process it will use to include community service-learning
into its curricula and teaching practices school-wide into its school improvement
development plan pursuant to section fifty-nine C of chapter seventy-one and its
school professional development plan, developed pursuant to section thirty-eight
Q of chapter seventy-one;
(6) Ensure that each school annually submits data,
as determined by the advisory council, to the department verifying that community
service-learning is being integrated into academic curricula and that each student
is participating in community service-learning at least once at each grade level;
and
(7) Ensure each school develops community service-learning curricula that
incorporate both the developmental needs of the students and the unmet needs of
communities.
Section 10I. The department shall, with the advisory council:
(1) Determine criteria for the successful integration of community service-learning
into academic curricula and teaching practices, provide technical assistance and
training as needed, and assess the progress of participating schools annually;
(2) Include one open-ended question on each state assessment test which will assess
the learning outcomes of community service-learning;
(3) Develop a statewide
community service-learning initiative and plan for integrating community service-learning
into school curricula and teaching practices over a five year period and ensure
that this plan is integrated into the Massachusetts Service Alliance's Massachusetts
plan for service. All school schools shall begin to implement their individual
five-year plans by September, first two thousand and five;
(4) Develop a staffing
structure and appoint staff at the department's office of curriculum and instruction
to coordinate all aspects of this statewide initiative;
(5) Deliver reports
on the initiative to the Massachusetts Service Alliance as appropriate, as well
as publicize the exceptional examples of community service in various schools.
Section 10J. School Committees may include participation in a community service
program among requirements for high school graduation, or may grant academic credit
for the participation in such a program.
SECTION 8. Section 2 of chapter 71
of the general laws, as appearing in the 2000 Official Edition, is hereby further
amended by inserting at the end the following new language:-
The commissioner
shall establish guidelines for promoting community service-learning as a means
of fulfilling the state's civic education requirements. For the purpose of this
section, the curriculum for civic education shall include, but not be limited
to, such forms of community service-learning that promotes an identification of
community needs, investigation, analysis, and research into those needs, and development
and defense of a solution, as may be directed by the department of education.
The department of education shall file annually with the alliance January first
a report regarding civic education requirements. The council shall develop guidelines
to determine what pertinent data shall be included in the report.
SECTION
9. Section 2A of chapter 73 of the General Laws, as so appearing, is hereby amended
by adding the following paragraph:-
The board shall establish guidelines for
promoting community service-learning as a means of fulfilling the state's civic
education requirement. For the purpose of this section, the curriculum for civic
education shall include, but not be limited to, such forms of community service-learning
that promotes an identification of community needs, investigation, analysis, and
research into those needs, and development and defense of a solution, as may be
directed by the board.
The board shall file annually with the alliance on
or before January first a report regarding civic education requirements. The council
shall develop guidelines to determine what pertinent data shall be included in
the report.
SECTION 10. The General Laws are hereby amended by striking out
chapter 78A.
SECTION XX. Chapter 73 of the General Laws is hereby amended
by inserting after section 2A, as so appearing, the following new sections:-
Section 1. As used in this chapter the following words, unless the context requires
otherwise, shall have the following meanings:-
"Massachusetts Campus
Compact", The Massachusetts Campus Compact is a membership organization of
college and university presidents leading Massachusetts institutions of higher
education in building a statewide collaboration to promote service as a critical
component of higher education.
"Massachusetts Service Alliance",
the organization created in NEW CHAPTER 6B, referred to in this chapter as the
Alliance.
"Council", the Community Service-Learning Advisory Council.
"Board", the board of higher education.
"Commonwealth Student
Corps", a statewide program to coordinate the activity of students and others
in activities, services and resources relative to the environment, education,
public health and public safety that support or provide primary service to underserved
populations and geographical areas in the Commonwealth. The Commonwealth Student
Corps shall consist of, but not be limited to, the Student Education Corps, the
Student Conservation Corps, the Student Health Corps and the Student Public Safety
Corps.
"Commissioner", the commissioner of the department of education.
"Unmet community needs", underserved populations and geographical areas
in the Commonwealth.
Section 2. (a) The board, with the advisory council,
shall establish the Commonwealth Student Corps to expand opportunities for students
of environmental professions, student of educational professions, students of
public health professions, students of public safety professions, educators, practitioners,
and active and retired certified professionals to participate in public service
programs that help meet critical community needs. The board and the advisory council
shall develop a program to expand and coordinate public and private resources
that promote community service by linking supervised students with professional
(in student's respective area of study) with existing programs opportunities.
(b) The board shall conduct, with the advisory council, a landscape survey that
documents the current status and successes of community-service learning opportunities
and programs at all Massachusetts public higher education institutions.
(c)
The board shall establish, as part of the Commonwealth Student Corps, a curriculum
based community service requirement for all students enrolled in approved Massachusetts
public colleges and universities. The board shall adopt guidelines and deadlines
governing the implementation such a program, including the selection of criteria,
requirements and hours necessary for students to meet said requirement.
(d)
The board shall work in cooperation with the Alliance to ensure students are matched
with accredited service sites. The Alliance shall develop criteria for the accreditation
of said service sites.
(e) The purpose and goals of the curriculum based community
service-learning requirement for students is to: (1) increase the number of students
participating in curriculum based community service opportunities throughout the
Commonwealth; (2) help address the state's unmet needs; (3) strengthen communities
through service; and (4) enhance the ethic of service.
(f) The board, with
the advisory council, shall have the responsibility and authority to:
(1)
conduct studies and accredited projects;
(2) apply to private sources and
federal government for grants to implement studies and accredited service projects;
deposit funds and received from those sources in a separate account at the department
of each state college or university; and expend such funds for the purpose set
forth in this section;
(3) enter into agreements with each other and other
entities as allowed by law for the purposes of implementing this act;
(4)
study of the feasibility of utilizing the services of retired professionals and
other licensed and certified professionals;
(5) deliver reports of the program
to the governor and the general court as appropriate;
(6) implement statewide
Commonwealth Student Corps programs designed to achieve the comprehensive and
coordinated delivery of services to underserved populations and geographical areas;
and
(7) appoint a program director to implement and administer the studies
and accredited service projects initiated by this chapter.
(g) The following
shall be the deadlines for the implementation of said program:
Phase I-The
board, with the advisory council, shall develop and implement a curriculum based
community service requirement for all students majoring in the academic areas
of education, the environment, public health, and public safety on or before August
1, 2005;
Phase II- The board of higher education, with the advisory council,
shall develop and implement a curriculum based community service requirement for
all students majoring in all academic areas on or before August 1, 2008.
SECTION
10. Chapter 73 of the General Laws is hereby amended by inserting after section
xx, the following 7 sections:-
Section ??. The board of higher education shall
establish a community service and volunteer requirement for all public higher
education students, staff, and institutions. The board shall adopt regulations
governing the implementation of said program. The board of higher education is
hereby authorized and directed to establish:-
Section ?? A student loan repayment
program, to be known as the Massachusetts community service and volunteer loan
repayment program, for the purposes of encouraging outstanding students to participate
and foster community service and volunteer opportunities within the commonwealth
by providing financial assistance for the repayment of qualified education loans,
as defined herein.
Section ??. A scholarship program, to be known as Massachusetts
community service and volunteer scholarship program, to provide students in approved
Massachusetts colleges and universities with scholarships for tuition and fees
for the purpose of encouraging outstanding Massachusetts' students to participate
and foster community service and volunteer opportunities within the commonwealth.
Section ?? A housing voucher program for scholarship recipients, to be known as
the Massachusetts community service and volunteer housing voucher program, to
provide students in approved Massachusetts colleges and universities with housing
vouchers for the purpose of encouraging outstanding Massachusetts' students to
participate and foster community service and volunteer opportunities within the
commonwealth. The housing voucher, in such form and manner as the board may determine,
may be utilized by the recipient to assist in paying housing costs, including
rent or mortgage payments, while such recipient is enrolled in good standing in
the college or university.
Section ??. A student community service and volunteer
award, to be known as the Massachusetts student community service and volunteer
award, to provide students in approved Massachusetts colleges and universities
with the honor of receiving this award for the purpose of encouraging outstanding
Massachusetts' students to participate and foster community service and volunteer
opportunities within the commonwealth.
Section ??. A criteria to increase
the percentage of professors, staff and administration employed in Massachusetts'
colleges and universities participating and fostering community service and volunteer
opportunities within the commonwealth.
Section ??. Notwithstanding the provisions
of any general or special law or regulation to the contrary, the board of higher
education shall establish guidelines to increase the percentage of federal work-study
funds designated at approved Massachusetts colleges and universities to student
participating community service and volunteer opportunities within the commonwealth.
All public institution of higher education shall report to the Alliance that the
institution meets the state and federal minimum requirements under this section.
SECTION 11. No corps member shall be deemed to be an employee of the commonwealth
entitled to the benefits, such as worker's compensation or unemployment benefits,
nor shall any member be deemed to be an employee of the commonwealth. No municipality
shall be held liable. Service opportunities shall not replace existing state employees.
SECTION 12. The commissioner and board shall both file annually with the
advisory council on or before January first, a report of schools participating
in community service-learning activities, the Commonwealth corps activities, and
other the progress of other community service and volunteer programs, as well
as other pertinent service data as determined by the advisory council. The Alliance
is hereby directed to compile the above reports and additional service data and
report annually to the clerk of the senate and house of representatives on or
before September first in order to foster communication among local, state and
federally funded programs engaged in community service and volunteer opportunities.
Said report shall include, but not be limited to:
(1) A financial statement
summarizing its expenditures and available funds;
(2) The number of projects
and proposed corps placements submitted to it;
(3) The number of volunteers
generated;
(4) A description of approved projects and a summary of the work
completed.
SECTION 13.This act shall take effect July 1, 2005.
Floor Number: 642 Clerk Number: 11
PUBLIC EMPLOYEE PAYROLL DEDUCTION RESTORATION
Mr. Glodis of Auburn and Mr. Barrios of Cambridge move to amend the bill by inserting, after Section 362, the following new Section:-
"Section ___. Section 17K of Chapter 180 of the Massachusetts
General Laws, as appearing in the 2000 edition, is hereby amended by inserting
at the end thereof the following:-
"Where the recipient specified is a duly licensed insurance agent or insurance
broker receiving sums so deducted for any property-casualty insurance offered
in conjunction with the employee organization, the agent or broker shall forward
the sums deducted and received to the appropriate
insurance company within two business days after receipt from the treasurer
or common paymaster. No insurance company doing business in the commonwealth
of Massachusetts shall refuse to accept payment of property-casualty insurance
premiums without interest or charges in equal weekly or biweekly installments
via payroll deduction for unionized state, county, municipal or other public
employee where the agent or broker is remitting the deducted sums as required
under this section."
Floor Number: 643 Clerk Number: 60
PROVIDING FOR PEDIATRIC PALLIATIVE CARE.
Mr. Moore moves to amend the bill by adding at the end thereof
the following new Section:- SECTION________.
Chapter 111 of the Massachusetts General Laws, as most recently appearing in the 2002 Official Edition is hereby amended by inserting after section 24J the following section: -
Section 24K. There is hereby established the pediatric palliative
care program. Said program shall be administered by the department, subject
to appropriation, pursuant to this section and regulations promulgated hereunder.
The program shall assist eligible children with
a life-limiting illness and their families or guardians with services designed
to achieve an improved quality of life and to meet the physical, emotional and
spiritual needs experienced during the course of illness, death and bereavement.
Children less than 19 years of age shall be eligible
for said program if they meet the requirements established by the department,
which shall include
(a) a diagnosis of a life-limiting illness, including
but not limited to, cancer, AIDS, congenital anomalies and other advanced illnesses;
provided however, no requirement regarding life expectancy shall be imposed; and
(b) a requirement that the eligible child's family not be covered by a third-party
payer for the services provided by said program.
Services provided by the
program shall be determined by the department and shall include, but not be limited
to, consultations for pain and symptom management, case management and assessment,
social services, counseling, bereavement services, volunteer support services,
and respite services, provided by professional or volunteer staff under professional
supervision. Services shall be provided by hospice programs licensed under section
57D who meet such other criteria as the department may establish by regulation,
including demonstrated expertise in pediatric palliative care. The department
may by regulation establish limits on services provided by said program.
The
program established by this section shall not give rise to enforceable legal rights
in any party or an enforceable entitlement to the services described herein and
nothing stated herein shall be construed as giving rise to such enforceable legal
rights or such enforceable entitlement.
Floor Number: 644 Clerk Number: 64
SCHOOL BUS ADVERTISING
Mr. Moore moves to amend the bill by adding at the end thereof
the following new Section:- SECTION______.
Section 197 of Chapter 184 of the Acts of 2002 is hereby amended
by inserting after "any" and before "substance" the following:
-"beverages with added artificial or refined sweeteners; candy; processed
foods containing more than 35 percent of calories from fat, more than 10 percent
of calories from saturated fat, or more than 35 percent sugar by weight; fast
food restaurants; or any"
Floor Number: 645 Clerk Number: 135
WESTON AFFORDABLE HOUSING
Ms. Fargo moves to amend the bill by inserting, after Section
__, the following new section: -
"SECTION __. (a)The town of Weston adopted the so-called
Community Preservation Act (the "Act"), chapter 44B of the General Laws,
sections 3 through 7, inclusive, prior to November 25, 2002, and could have authorized
creation of community housing at the Brook School Apartments pursuant to the Act;
however, the town approved the creation of community housing under Article 11
at the November 25, 2002, special town meeting to be funded utilizing federal
subsidies which the town of Weston will not receive as expected due to unanticipated,
unusual circumstances resulting from federal budget matters entirely outside the
control of the town of Weston.
(b) Notwithstanding the provisions of section
six of chapter forty-four B of the general laws, or of any other general or special
law to the contrary, the town of Weston is hereby authorized, upon recommendation
by the Weston Community Preservation Committee, and pursuant to a two-thirds vote
of the Weston town meeting thereon, to amend the vote under Article 11 of the
November 25, 2002, special town meeting authorizing the construction of affordable
housing at the Brook School Apartments to approve the creation of community housing
in accordance with the Act, and to provide that the portion of the appropriation
and borrowing authorization attributable to the creation of community housing
at the Brook School Apartments be funded through the town's community preservation
fund, established pursuant to section seven of chapter forty-four B of the general
laws, including the affordable housing reserve, and that the Weston town meeting
be further authorized, upon recommendation by the Weston Community Preservation
Committee, to appropriate funds for the purpose of paying the debt service on
the portion of the bonds issued pursuant to this vote and the vote of the Weston
town meeting authorized under this act, for the purpose of creating community
housing at the Brook School Apartments; provided, however, that such funds may
be so appropriated and expended only if the town votes to place a permanent deed
restriction for affordable housing purposes on 13 units at the Brook School Apartments
created for community housing under this act and the vote of the Weston town meeting
authorized hereby, which restriction complies with the requirements of chapter
one hundred and eighty-four of the general laws, and provided further that the
deed restriction must run to the benefit of a nonprofit, charitable corporation
or foundation selected by the town with the right to enforce the restriction.
(c ) If the Weston town meeting votes as authorized herein to approve under
the Act the creation of community housing at the Brook School Apartments, that
portion of the unexpended proceeds of any borrowing incurred pursuant to the vote
under Article 11 of the November 25, 2002, Weston special town meeting attributable
to the creation of community housing at the Brook School Apartment shall be transferred
without further appropriation to the Weston community preservation fund, and that
portion of any interest earned on the amounts borrowed under Article 11 of the
November 25, 2002, special town meeting, net of FY04 interest expense, attributable
to the creation of community housing at the Brook School Apartments shall be similarly
transferred without further appropriation.
(d). Except as otherwise provided
herein, if the Town votes to approve the creation of community housing at the
Brook School Apartments under the Act as so authorized herein, the community housing
created at the Brook School Apartments shall be deemed to be community preservation
property, subject to all requirements of the Act; further, any future expenditures
from the community preservation fund for the purposes set forth herein shall be
subject to the provisions of the Act.
(e) If this act is not in effect on
May 10, 2004, any vote taken under Article 19 of the Weston 2004 Annual Town Meeting
warrant to authorize the creation of community housing at the Brook School Apartments,
as authorized by section 2 of this act, shall be ratified, validated and confirmed
as if this act had been in effect on the date of the vote.
(f) This act shall
take effect upon passage.
Floor Number: 646 Clerk Number: 150
BEDFORD AFFORDABLE HOUSING
Ms. Fargo moves to amend the bill by inserting, after Section__,
the following new Section: -
SECTION__. (a) The town of Bedford, acting by and through its
board of selectmen, may lease a certain parcel of land located in said town for
a term not to exceed 99 years for the purpose of providing affordable family housing
upon such terms and conditions as the board of selectmen deem advisable. Said
parcel is shown on Assessors' Map 74, Parcel 01.
(b) This act shall take effect
upon its passage.
Floor Number: 647 Clerk Number: 180
TRAINING FOR LAW ENFORCEMENT IN DEALING WITH INDIVIDUALS SUFFERING FROM MENTAL ILLNESS AND MENTAL RETARDATION
Ms. Creem moves to amend the bill (S.2400) by inserting at the end thereof the following new Section:-
SECTION ______. Chapter 6 of the General Laws is hereby
amended by inserting after section 116C the following section:--
SECTION 116D. (a) The municipal police training committee
shall establish within the recruit basic training curriculum a course for regional
and municipal police training schools on or before January first, two-thousand
and five for the training of law enforcement officers in the commonwealth in the
handling of complaints involving mental health emergencies and victims, witnesses
or suspects with mental illness or mental retardation and also shall develop guidelines
for law enforcement responses to incidents involving such persons. The course
of instruction and the guidelines shall emphasize:
(1) The enforcement of
criminal laws for the benefit of victims and witnesses with mental illness or
mental retardation, the availability of civil remedies and community resources
for persons experiencing mental health emergencies, and the protection of persons
with mental illness or mental retardation and for law enforcement officers engaging
such persons;
(2) The laws regarding the defenses of responsibility and competency
to stand trial, and the diversion of persons with mental illness or mental retardation
for treatment instead of criminal prosecution;
(3) The provision of information
to law enforcement officers about individuals suffering from mental illness or
mental retardation, including common behaviors and actions exhibited by such individuals;
strategies law enforcement officers can use for reducing or preventing the risk
of harm arising from persons experiencing mental health emergencies, or from victims,
witnesses or suspects with mental illness or mental retardation with the aim of
seeking the least intrusive, restrictive and violent means of addressing such
incidences and individuals while protecting the safety of the law enforcement
officer and other persons present at the complaint scene.
Training presenters
shall include certified mental health practitioners with expertise in the delivery
of direct services to individuals experiencing mental health emergencies and victims,
witnesses and suspects with mental illness and mental retardation and consumer-survivors
i.e. individuals with mental illness and mental retardation. Training presentations
may utilize the staff of community-based mental health or retardation treatment
facilities.
As used in this section, "law enforcement officer"
shall mean any officer of a municipal police department, the department of the
state police or the Massachusetts Bay Transportation Authority police department.
"Consumer-survivor" shall mean any individual suffering from mental
health disability or mental retardation.
(b) All law enforcement recruits
shall receive the course of basic training for law enforcement officers, established
in paragraph (a) of this section, as part of their required certification process.
(c) The course of instruction, the learning and performance objectives, the standards
for training, and the guidelines shall be developed by the municipal police training
committee in consultation with groups and individuals having an interest and expertise
in the field of mental health and community-based treatment.
(d) The municipal
police training committee periodically shall include within its in-service training
curriculum a course of instruction on handling complaints from or against persons
with mental illness and mental retardation, consistent with the provisions of
sub-paragraphs one through three of paragraph (a) of this act.
Floor Number: 648 Clerk Number: 186
STATE PROCUREMENT ACT-ELIGIBLE BIDDERS
Mr. Hart moves to amend the bill by inserting, after Section _____, the following new Section:-
"SECTION ______. Chapter 149 of the General Laws of
2002 is hereby amended by inserting a new definition of "eligible"
in Section 44A with the following: "Eligible" means able to meet all
the requirements for bidders and offerors set forth in sections forty-four A
through forty-four H of this chapter and not debarred from bidding under section
forty-four C of this chapter or any other applicable law, and who has not replaced
employees who worked for the bidder or offeror in any state or the commonwealth
with employees from outside the United States in the same positions , and who
shall certify that he is able to furnish labor that can work in harmony with
all other elements of labor employed or to be employed on the work."
Chapter 30B Section 2
of the Uniform Procurement Act is hereby amended by adding the following definition:
""Outsourced Employment", any trade, occupation or branch of industry,
any particular method or process used therein, and the service of any particular
employer performed outside the United States; but it shall not include private
domestic service by persons under the age of eighteen, or service as a farm laborer
including all practices connected with agriculture, the tillage of the soil, the
preparation and marketing of crops and the construction and maintenance of farm
property and equipment, customarily performed by a farmer on a farm except the
performance by a minor under the age of seventeen of structural painting or other
work on the outside of any structure at a height of more than fifteen feet above
the ground level. ""Employment", as used in this chapter, means
any employment under contract of hire, expressed or implied, written or oral,
including all contracts entered into by helpers and assistants of employees, whether
paid by employer or employee, if employed with the knowledge, actual or constructive,
of the employer in which all or a greater part of the work is to be performed
outside the United States.
SECTION 12. Section 12 of said Chapter 30B, as
so appearing, is hereby amended by striking out paragraph (b) and inserting in
place thereof the following paragraph (b):-Unless authorized by a majority vote,
a procurement officer shall not award a contract for services or supplies for
the commonwealth that are derived from outsourced employment, nor for a term exceeding
three years, including any renewal, extension, or option. Such authorization may
apply to a single contract or to any number or types of contracts, and may specify
a uniform limit or different limits on the duration of any such contracts.
Floor Number: 649 Clerk Number: 202
WORKER'S COMPENSATION PILOT PROJECT
Mr. Hart of Boston moves to amend the bill by inserting,
after Section________, the following new Section.
"SECTION_______. Pursuant
to authority granted to it by section 65A of Chapter 152 and notwithstanding any
general or special law to the contrary, the Workers Compensation Rating and Inspection
Bureau (hereinafter referred to as "WCRIB") shall initiate a cost containment
pilot project for the workers' compensation assigned risk pool whereby third party
claims administrators meeting certain criteria shall service claims for policies
issued by said assigned risk pool in an effort to reduce losses and introduce
competition and innovation into said pool. The WCRIB shall adhere to the following
guidelines when implementing said pilot project:
(1) Any third party administration firm wishing to handle
claims from the assigned risk pool must evidence its ability to perform its
services based upon the qualification of its key operating personnel and documentation
must be submitted demonstrating the claims experience of said personnel.
(2) The third party administration firm must have at least 7 years
of experience administering claims for insured first dollar workers compensation
programs, so-called, in the commonwealth of Massachusetts and past experience
servicing claims in the Massachusetts workers compensation reinsurance pool. The
third party administrator firm must also be a certified Massachusetts Utilization
Review Agent (a) the third party administrator must submit a list to the WCRIB,
in a format prescribed by the WCRIB, of all its client employers who have Massachusetts
workers compensation insurance premium and the names of the insurance carriers
for whom they have administered Massachusetts workers compensation reinsurance
pool claims. The WCRIB shall have the right to inspect the books and business
records of the third party administration firm in order to verify that their list
is complete; (b) the third party administrator must demonstrate to the WCRIB that
it possesses and utilizes a management information system capability that allows
for both computer access to its claims file by the pool carrier to whom the risk
has been assigned and on whose behalf the administrator is administering claims
for pursuant to the pilot project; (c) the third party administrator designee
must demonstrate that its data can be electronically transferred either directly
to the insurer or to an intermediary that would convert the data to a format compatible
to the claims data system used by the servicing carrier.
(3) The pilot project
shall commence on July 1, 2004 and shall end on July 1, 2007. The WCRIB shall
set aside at least 18 million dollars of the total written pool premium in the
first year of the pilot project and 24 million dollars of the total written pool
premium in the second year for claims administration by qualified third party
claims administration firms. Satisfactory performance criteria for the pilot program
shall be established by the WCRIB and shall include, but not be limited to, the
following actual cost savings attributable to the servicing administrators, efficiency
of claim handling, and accuracy and timeliness of information flow between parties.
The WCRIB shall review the operations of the servicing administrators on an ongoing
basis to determine if their performance has been satisfactory according to the
criteria created for judging such. Computer access to the claim files and a start-up
kit shall be immediately provided to the appropriate insurance carriers(s) by
the third party administration firms participating and an information transmittal
relative to the claims being administered shall be provided to said carriers every
30 days in accordance with the standards established by the insurer. After each
year of the pilot program, the WCRIB, may based on performance, increase the amount
of premium to be assigned to third party claims administration firms participating
in the pilot project. After three years, the performance results of the third
party administrators participating in the pilot program shall be measured by the
WCRIB against the overall performance of the entire assigned risk pool. Said results
shall then be compiled by the WCRIB for a report that shall be submitted to the
House and Senate chairs of the Joint Committee on Commerce and Labor at the end
of the 3-year pilot project. The first report shall be filed by the WCRIB on July
31, 2007.
(4) (a) Pursuant to standards established by the WCRIB's Board of
Directors, the WCRIB shall allocate business under this pilot project to qualified
third party administration firms that have no common ownership with any insurer
writing workers' compensation insurance in the Commonwealth; (b) Only those third
party administration firms that have demonstrated an ability to significantly
reduce workers compensation losses for their client companies shall be considered
for allocation of such pool business under this project; (c) The claims servicing
fees that shall apply to the business so allocated shall be the same as those
presently paid to other service handling companies by the workers compensation
assigned risk pool as authorized by the WCRIB under Chapter 152, Massachusetts
General Laws; (d) Any third party administration firm designated by the WCRIB
to administer claims shall adhere to any and all standards of performance as such
standards are written in the pool's plan of operation at the time of the pilot."
Floor Number: 650 Clerk Number: 207
RELATIVE TO SENTENCING REFORM
Ms. Creem, Barrios, O'Leary, Wilkerson, Magnani
move to amend the bill (S.2400) by inserting after Section 151, the following
new sections:
SECTION 151A. Section 32H of chapter 94C, as appearing in the 2000 Official
Edition, is hereby amended by striking out, in line 13, the word "parole,"
and is hereby further amended by inserting at the end of said section the following
paragraph:-
Notwithstanding any general or special law to the contrary, a person convicted
of violating any provisions of sections 32, 32A, 32B, 32E, 32F, and 32J of chapter
94C of the General Laws shall be eligible for parole after serving two-thirds
of the maximum term of imprisonment to a state prison imposed or after serving
one-half of the maximum term of imprisonment to a house of correction imposed.
SECTION 151B. Notwithstanding the provisions of sections 32, 32A, 32B, 32E,
32F, and 32J of chapter 94C of the General Laws, or any other general or special
law to the contrary, persons serving mandatory minimum sentences in a house
of correction for violations of the above referenced sections as of July 1,
2004 shall be eligible for parole after serving one half of their maximum sentence.