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Floor Number: 651 Clerk Number: 210
PROVIDING CONSUMER CHOICE OF BROKERAGE RELATIONSHIPS
Mr. Nuciforo moves to amend the bill (S.2400) by inserting
at the end thereof the following sections:-
SECTION 501-
Chapter 112 of the General Laws is amended by inserting after
Section ZZ the following:
Section 87ZZ½. Relationships With Consumers
A. This section shall only apply to brokerage services for the intended purchase
or sale of land with a building intended for use as one to four residential dwellings
or the purchase or sale of land on which a building is intended to be constructed
for use as one or two residential dwellings. Nothing herein shall prohibit the
relationships described in this section provided that a real estate broker complies
with the applicable provisions of paragraphs (B) through (E).
B. With informed
consent from a buyer, a real estate broker may appoint one or more affiliated
licensees to act as a "designated agent" on behalf of the buyer and
one or more other affiliated licensees to act as a "designated agent"
on behalf of a seller in a potential real estate transaction. With informed consent
from a seller, a real estate broker may appoint one or more affiliated licensees
to act as a "designated agent" on behalf of the seller and one or more
other affiliated licensees to act as a "designated agent" on behalf
of a buyer in a potential real estate transaction. Appointment of a designated
agent shall not be made unless the consumer has consented, at the commencement
of the consumer's agency relationship with the real estate broker, that the agency
relationship shall not extend to any other licensee affiliated with the broker
and shall be limited to one or more designated licensees. Upon appointment of
a designated agent the responsibility to satisfy agency duties owed a buyer or
seller shall be solely the responsibility of the designated agent. When a designated
agent is appointed, information known or acquired by the designated agent shall
not be imputed to the appointing broker or to other affiliated licensees. Notwithstanding
the foregoing, licensees shall have an obligation to reveal known material defects
in a listed property and other matters required by law. When a real estate broker
has appointed designated agents for both buyer and seller, the broker shall be
presumed to be a "dual agent" who does not exclusively represent either
the buyer or seller. The appointing broker is authorized to assist in negotiations,
but shall be neutral with regard to any conflicting interests. Appointment of
a designated agent shall not limit the appointing broker's responsibility for
breach of duty by the designated agent.
C. There is a conclusive presumption
that a buyer or seller has given informed consent to a designated agency relationship,
including consent to dual agency of the appointing broker, if the buyer or seller
signs a disclosure that substantially contains the descriptions in paragraph A
of this section. Such disclosure and consent shall be deemed to satisfy the common
law. Consent may be given in advance of identifying a property or transaction,
but not later than the date a purchase and sale agreement is signed. Thereafter,
other designated agents may be substituted or appointed without further consent.
D. No real estate broker shall offer subagency when marketing a property for sale
without informing the seller about vicarious liability and obtaining signed consent.
E. A real estate broker may provide services as a "transactional broker"
who does not represent a buyer or seller and who does not owe agency duties.
SECTION 502: On or before July 1, 2005 the Board shall promulgate regulations
in accordance with section 501 that prescribe forms for written disclosure, when
applicable, by real estate licensees regarding: (1) designated agency; (2) consent
to subagency; (3) dual agency; and (4) the relationship of transactional broker.
SECTION 503
Sections 501 shall become effective on July 1, 2005.
Floor Number: 652 Clerk Number: 211
SOUTH BOSTON POWER STATION
Mr. Hart moves to amend the bill by inserting, after Section_____, the following new Section: -
"SECTION______. Notwithstanding any general or special
law to the contrary, Parcel Exchange Lot 1 as hereinafter described, together
with all trees and structures thereon, if any, is hereby transferred by virtue
of this act in fee simple to the Massachusetts Bay Transportation Authority;
provided further that notwithstanding any general or special law to the contrary,
Parcel Exchange Lot 2 as hereinafter described, together with all trees and
structures thereon, if any, is hereby transferred by virtue of this act in fee
simple to the Commonwealth and placed under the control of the Metropolitan
District Commission subject to an easement reserved to the Massachusetts Bay
Transportation Authority as hereinabove stated.
Parcel Exchange Lot 1, as hereinafter described, shall
be held for mass transportation purposes, as further defined and consistent with
Chapter 161A of the General Laws of the Commonwealth of Massachusetts. Parcel
Exchange Lot 2, as hereinafter described, shall be dedicated to public uses authorized
by Article Amendment XCVII of the Constitution of the Commonwealth.
The transfers
herein authorized of Parcel Exchange Lot 1 by the Commonwealth of Massachusetts
and Parcel Exchange Lot 2 by the Massachusetts Bay Transportation Authority shall
be effective notwithstanding any inconsistent public use and no compensation shall
be paid. This act shall effectuate the transfers of the property interests and
rights as provided herein and this act shall be accepted for filing in the appropriate
registry of deeds or land court by the Massachusetts Bay Transportation Authority
in behalf of the Massachusetts Bay Transportation Authority for Parcel Exchange
Lot 1 that will be under the ownership and control of the Massachusetts Bay Transportation
Authority and also by the Massachusetts Bay Transportation Authority in behalf
of the Commonwealth of Massachusetts for Parcel Exchange Lot 2 that will be under
the ownership of the Commonwealth of Massachusetts and under the control of the
Metropolitan District Commission.
The authorization herein of the transfer
of Parcel Exchange Lot 1 recognizes that prior to this act said parcel is under
the ownership of the Commonwealth and under the control of the Metropolitan District
Commission and therefore is subject to the provisions of Article Amendment
XCVII of the Constitution of the Commonwealth and as such requires a two-thirds
vote of approval of each branch of the general court of the Commonwealth of Massachusetts.
The following are the legal descriptions for Parcel Exchange Lot 1 and Parcel
Exchange Lot 2.
Parcel Exchange Lot 1:
A certain parcel of land located
on East First Street, identified as Parcel Exchange Lot 1, in the city of Boston,
County of Suffolk, Commonwealth of Massachusetts, as shown on a plan entitled
"Parcel Exchange Plan, MBTA South Boston Power Plant, 680 East First Street,
South Boston, Massachusetts", Sheet P-1 of 1, dated March 13, 2003, and prepared
by Judith Nitsch Engineering, Inc., is hereby bounded and described as follows:
Parcel Exchange Lot 1, Fee Conveyance: Commencing from a point at the intersection
of the easterly sideline of Summer Street and the northerly sideline of East First
Street; thence N 88° 23'25" E a distance of eight hundred nine and forty-five
hundredths feet (809.45') coincident with said northerly sideline of East First
Street to the point of beginning of said parcel; thence N 01° 36'35"
W a distance of six hundred and zero hundredths feet (600.00') along the easterly
line of land now or formerly of Boston Edison Company to a point; thence N 88°23'25"
E a distance of five hundred two and eighty-two hundredths feet (502.82') to a
point; thence S 01°36'35" E a distance of thirty and zero hundredths
feet (30.00') to a point; thence S 37°45'33" W a distance of fifty one
and seventy-four hundredths feet (51.74') to a point; thence S 88°23'25"
W a distance of two hundred ninety and zero hundredths feet (290.00') to a point;
thence S 01°36'35" E a distance of two hundred fifty and zero hundredths
feet (250.00') to a point; thence S 88°23'25" W a distance of one hundred
and zero hundredths feet (100.00') to a point; thence S 01°36'35" E a
distance of two hundred eighty and zero hundredths feet (280.00') to a point coincident
with the northerly sideline of East First Street; the previous six (6) courses
are coincident with land of the MBTA; thence S 88°23'25" W a distance
of eighty and zero hundredths feet (80.00') coincident with the northerly sideline
of East First Street to the point of beginning; containing an area of one hundred
one thousand nine hundred forty-one plus or minus square feet (101,941±
sq. ft.) or two and thirty-four hundredths plus or minus acres (2.34 ±
acres). For title reference to Parcel Exchange Lot 1, see Section 2H, Item 6005-9575
of Chapter 273 of the Acts of 1994 and Section 106 of Chapter 273 of the Acts
of 1994.
Parcel Exchange Lot 2:
A certain parcel of land identified as
Parcel Exchange Lot 2, in the city of Boston, County of Suffolk, Commonwealth
of Massachusetts, as shown on a plan entitled "Parcel Exchange Plan, MBTA
South Boston Power Plant, 680 East First Street, South Boston, Massachusetts",
Sheet P-1 of 1, dated March 13, 2003, and prepared by Judith Nitsch Engineering,
Inc.,
is hereby bounded and described as follows: Parcel Exchange Lot 2, Fee
Conveyance: Commencing from a point at the intersection of the westerly sideline
of former O Street and the northerly sideline of East First Street; thence S 88°23'25"
W a distance of forty and zero hundredths feet (40.00') coincident with said northerly
sideline of East First Street to the point of beginning of said parcel; thence
S 88°23'25" W a distance of one hundred twenty and fifty-four hundredths
feet (120.54') along said northerly sideline of East First Street to a point;
thence N 00°34'15" E a distance of one hundred nine and ninety-five hundredths
feet (109.95') to a point; thence N 19°49'01"W a distance of one hundred
thirty and twenty-two hundredths feet (130.22') to a point; thence N 21°19'38"
W a distance of three hundred five and fifteen hundredths feet (305.15') to a
point; thence N 01°36'35" W a distance of one hundred sixty-nine and
eighteen hundredths feet (169.18') partially along the easterly line of land of
Metropolitan District Commission to a point; thence N 88°23'25" E a distance
of three hundred and zero hundredths feet (300.00') along the southerly line of
land of Metropolitan District Commission to a point coincident with the westerly
sideline of former O Street; thence S 01°36'35" E a distance of six hundred
fifty and zero hundredths feet (650.00') along the westerly sideline of former
O Street to a point; thence S 43°23'25" W a distance of fifty-six and
fifty-seven hundredths feet (56.57') to the point of beginning; containing an
area of one hundred sixty thousand six hundred ten plus or minus square feet (160,610±
sq. ft.) or three and sixty-nine hundredths plus or minus acres (3.69±
acres). For title reference to Parcel Exchange Lot 2, see Certificate of Title
No. 97947.
Parcel Exchange Lot 1 and Parcel Exchange Lot 2 are located at
or in the immediate vicinity of the South Boston Power Station complex on East
First Street in South Boston, County of Suffolk, Commonwealth of Massachusetts.
For title reference to the Massachusetts Bay Transportation Authority's South
Boston Power Plant property, see Certificate of Title No. 97947 and Section 2H,
Item 6005-9575 of Chapter 273 of the Acts of 1994 and Section 106 of Chapter 273
of the Acts of 1994.
This act shall take effect upon its passage."
Floor Number: 653 Clerk Number: 216
HART - U/MASS
Mr. Hart moves to amend the bill by inserting, after Section_____,
the following new Section:
"SECTION ________. Notwithstanding any general or special law,
rule or regulation to the contrary, the development of any of the parcels of land
in the area known as Columbia Point in the city of Boston, as described in chapter
898 of Acts of 1969, for dormitory facilities for students by the University of
Massachusetts Building Authority shall be subject to and meet the requirements
of chapter 665 of the Acts of 1956, as amended, including but not limited to large
project review as provided in Article 80 of the Boston Zoning Code. No such development
shall occur unless the General court approves it by law."
Floor Number: 654 Clerk Number: 219
RELATIVE TO DAMAGES FOR SECURITIES LAW VIOLATIONS
Mr. Nuciforo moves to amend the bill (S.2400) by inserting
at the end thereof the following section:-
SECTION -
Section
9 of Chapter 93A of the General Laws as appearing in the 2000 official edition
is hereby amended in paragraph 3 by striking out the last sentence.
Floor Number: 655 Clerk Number: 260
RELATIVE TO THE 150 CROSS STREET LAND TRANSFER
Mr. Shannon moves to amend the bill by inserting, after
Section 362, the following new Section:-
SECTION__. The commissioner
of the division of capital asset management and maintenance is hereby authorized
to convey, notwithstanding the provisions of sections 40F through 40J, inclusive,
of chapter 7 of the General Laws, or any other general or special law or any rule
or regulation to the contrary, by deed approved as to form by the attorney general,
a parcel of state-owned land, formerly under the care and control of the Massachusetts
Water Resources Authority, and containing an area of 25, 715 square feet, located
at 150 Cross Street in the Town of Winchester and shown on a plan dated April
12, 2003, prepared by Robert E. Conway, P.E., Winchester Town Engineer, to the
Town of Winchester for use by the Town of Winchester Fire Department to house
a Massachusetts Decontamination Emergency Response Unit and other fire vehicles
and equipment.
The consideration for the conveyance authorized by this act
shall be the full and fair market value of said property for the purpose described
in section 1 based upon an independent professional appraisal as determined by
the commissioner of said division. The inspector general shall review and approve
said appraisal. The inspector general shall prepare a report of his review of
the methodology utilized for said appraisal. The inspector general shall prepare
a report of his review and file said report with the commissioner for submission
to the house and senate committees on ways and means and the chairmen of the joint
committee on state administration in accordance with this act. The commissioner
shall, thirty days before the execution of any agreement authorized by this act,
or any subsequent amendment thereof, submit the agreement or amendment and a report
thereon to the inspector general for his review and comment. The inspector general
shall issue his review and comment within fifteen days of receipt of any agreement
or amendment. The commissioner shall submit the agreement and any subsequent amendments
thereof, the reports, and the comments of the inspector general, if any, to the
house and senate committees on ways and means and the chairmen of the joint committee
on state administration at least fifteen days prior to execution.
The Town
of Winchester shall pay for all costs of the appraisal, survey and deed preparation
for the conveyance of the property authorized by this act as deemed necessary
by the commissioner of the division of asset management and maintenance.
In the event that said property ceases to be used at any time for the purpose
described in section 1, or is used for any purpose other than the purpose stated
herein, said property, upon notice by the commissioner of the division of asset
management and maintenance, shall revert to the care and control of the commonwealth
and any further disposition of said property shall be subject to the provisions
of sections 40E through 40J, inclusive, of chapter 7 of the General Laws, and
require the prior approval of the General Court.
If the conveyance authorized
by this act is not completed by March 31, 2005, the commissioner of capital asset
management and maintenance may, notwithstanding sections 40F to 40I, inclusive,
of chapter 7 of the General Laws, dispose of the parcel described in section 1
of this act using the procedures set forth in section 548 of chapter 26 of the
acts of 2003.
This act shall take effect upon its passage.
Floor Number: 656 Clerk Number: 273
RELATIVE TO LOCAL SMOKING EXEMPTIONS
Mr. Shannon moves to amend the bill by inserting, after
Section 362, the following new Section:-
"SECTION__. Notwithstanding any general
or special law, rule or regulation to the contrary, cities and towns may adopt
a local exemption to any statewide smoking ban for bars and restaurants based
on food sales within said establishments, provided that said food sales do not
constitute more than 10 to 20 percent of the establishment's total sales. Said
exemption shall be adopted through a vote of the appropriate local governing body,
including but not limited to the local board of health or licensing board.
FLOOR NUMBER: 657 CLERK NUMBER: 285
ELECTRONIC PUBLIC RECORDS
Mr. Havern moves to amend the bill by inserting a new section at the end thereof: -
"SECTION_______. Cities and Towns may set a cost for electronic public records of no more than $0.02 (2 cents) per name, this cost shall not apply to voter list electronic records."
Floor Number: 658 Clerk Number: 286
MASSPORT REFORM
Mr. Baddour moves that the bill be amended by inserting,
after Section __, the following new section: -
"Section __ 'public employer', as defined in section 1 of
chapter 258 of the Massachusetts General Laws is hereby amended by striking the
words, "Massachusetts Port Authority" and inserting after the words,
"or any other independent body politic and corporate," the following
words, "capitol end not withstanding the foregoing, the Massachusetts Port
Authority is deemed a "public employer" for the purposes of this chapter."
FLOOR NUMBER: 659 CLERK NUMBER: 287
GAY MARRIAGE STUDY
Mr. Havern, Mr. Barrios, Mr. Tisei and Ms. Sprague move to amend the bill by inserting the following section at the end thereof: -
"SECTION________. Not withstanding any general or special
law to the contrary, there shall be a special commission established to study
the projected financial impact on state revenues and resources as a result of
implementing or complying with the decision by the supreme judicial court in
Goodridge et al v. Department of Public Health et al, 440 Mass. 309 (2003).
Said study shall include all of the benefits to the state economy including
tourism and related industries
as well as any anticipated reductions in the need
for social services by individuals. The commission shall consist of three legislators
appointed by the Speaker of the House, three legislators appointed by the Senate
President, as well as the state Treasurer or his designee, one representative
chosen by the Massachusetts Municipal Association, one representative of a
union chosen by the Massachusetts AFL-CIO and Massachusetts Teachers Association,
and one representative chosen by the Massachusetts Association of Older Americans.
The commission shall complete its report no later than December 31, 2004."
Floor Number: 660 Clerk Number: 301
AN AMENDMENT RELATIVE TO THE MANCHESTER HOUSING AUTHORITY
Mr. Tarr moves to amend the bill (Senate bill 2400) by adding,
at the end thereof, the following new section: -
"SECTION___. Notwithstanding
the provisions of section 3 of chapter 118C of the general laws, the Treasurer
of the Commonwealth shall, within 45 days of the effective date of this section,
enter into an agreement with Social Security Administration pursuant to 42 U.S.C.
418 (a) crediting dual social security and state pension coverage for all full
time employees of the Manchester Housing Authority. Said agreement shall cover
all full time employees employed by said authority on or after November 1, 2002.
FLOOR NUMBER: 661 CLERK NUMBER: 311
MUNICIPAL BORROWING PROCEDURES
Mr. Havern moves to amend the bill by adding the following
section at the end thereof:-
"SECTION____. Section 21A of chapter
44 of the General Laws is hereby amended by striking out the first sentence and
inserting in place thereof the following:-
"The city council of a city,
the board of selectmen of a town and the prudential committee, if any, otherwise,
the commissioners of a district, may authorize and provide for the issuance of
refunding bonds or notes of the city, town or district for the purpose of paying
or refunding all or any designated part of an issue of bonds or notes then outstanding,
including the amount of any redemption premium thereon; provided further, that,
notwithstanding any provision of any general or special law, city charter, city
ordinance or city council rule or order to the contrary, any vote of the city
council or a city authorizing and providing for the issuance of refunding bonds
or notes of the city may be introduced and given final passage at one meeting
of the city council, shall not be subject to any publication requirement, shall
not be subject to any referendum provision, and shall be effective upon passage.
SECTION______. Section 21A of chapter 44 of the General Laws is hereby amended
by deleting the first clause of the second sentence and by inserting in place
thereof, the following new clause:-
The first annual payment of principle
on account of an issue of refunding bonds or notes shall not be later than the
last day of the fiscal year in which any of the bonds or notes being refunded
would otherwise have been payable and the annual payments thereafter shall be
arranged in accordance with the provisions of section nineteen."
Floor Number: 662 Clerk Number: 336
SEX OFFENDER INTERNET DATABASE - HIGHER ED
Mr. Brewer moves to amend the bill, by inserting the following
new Section:-
SECTION __. Section 178D of said chapter 6, as
most recently amended by section 5 of chapter 140 of the acts of 2003, is hereby
further amended by striking out in the second paragraph the words "and (viii)
whether the offender is in compliance with the registration obligations of sections
178C to 178P, inclusive." and inserting in place thereof the following:-
(viii) whether the offender is in compliance with the registration obligations
of sections 178C to 178P, inclusive; and (ix) if the offender works at or attends
an institution of higher learning, the name and address of the institution.
Floor Number: 663 Clerk Number: 346
HIGHER EDUCATION AND PUBLIC CONSTRUCTION
Mr. Tolman moves to amend the bill by inserting, after Section
362, the following new Sections:-
"SECTION 363. Section
18 of chapter 773 of the acts of 1960, as most recently amended by section 52
of chapter 140 of the acts of 2003, is hereby further amended in the second paragraph,
by striking out the second and third sentences.
Section 260 of Chapter 127
of the Acts of 1999 is hereby amended by striking out all language following the
semicolon in the first sentence."
Floor Number: 664 Clerk Number: 358
RESIDENTIAL CARE FACILITIES COMMISSION
Mrs. Chandler moves to amend the bill by inserting after Section , the following new Section:-
SECTION . Notwithstanding the provisions of any general or special law to the contrary, there is hereby established a special commission on residential care facilities (also known as rest homes) in the commonwealth. Said commission shall study the role that residential care facilities play in the continuum of long-term care, identify the availability of residential care facilities relative to the need for such services, and the adequacy of public reimbursement for residential care facilities. The commission shall also study the roles of state agencies relative to residential care and recommend policies and procedures to coordinate effective communication and oversight among the various agencies with responsibility for residential care. The commission shall make recommendations relative to the funding of and methodology used in determining rates paid to residential care facilities. Said commission shall consist of the following members: three members of the senate, one of whom shall be shall be appointed by the minority leader; three members of the house, one of whom shall be appointed by the minority leader; the commissioner of the department of public health, or her designee; the commissioner of the division of health care finance and policy, or his designee; the commissioner of the department of transitional assistance, or his designee; the secretary of the executive office of elder affairs, or her designee; the commissioner of the department of mental health, or her designee; and two representatives from each of the following organizations: Massachusetts Aging Services Association and the Massachusetts Association of Residential Care Homes. The commission shall report its findings and recommendations to the House and Senate Committees on Ways and Means by April 1, 2005.
Floor Number: 665 Clerk Number: 369
PROTECTION OF FARM ANIMALS
Mr. Tolman moves to amend the bill by inserting, after Section
362, the following new Section:-
"SECTION 363. SECTION 1. Chapter 272 of the Massachusetts
General Laws is hereby amended by adding the following new section:-
Section
77C. (a) Any person who confines a pregnant pig in an enclosure, or tethers a
pregnant pig on a farm in a manner that prevents the pig from turning around freely
is guilty of a crime punishable by imprisonment in a county jail for
a period
of one year, a fine of up to one thousand dollars ($1,000),
or by both that
imprisonment and fine.
(b) This section shall not apply during the prebirthing
period.
(c) The following definitions shall govern this section:
(1) ''Prebirthing
period'' means the seven day period prior to the pig's expected date of giving
birth.
(2) ''Turning around freely'' means turning around in a complete circle
without any impediment, including a tether, or in the case of an enclosure, without
touching any side of the enclosure.
(3) ''Enclosure'' means any cage, crate,
or other enclosure in which a pig is kept for all or the majority of any day,
including what is commonly described as the ''gestation crate.''
(4) ''Farm''
means the land, buildings, support facilities, and other equipment used in the
production of animals for food or fiber.
SECTION 2. Chapter 272 of the Massachusetts
General Laws is hereby further amended by adding the following new section:-
Section 77D. (a) Any person who confines a calf in an enclosure, or who tethers
a calf, on a farm in a manner that prevents the calf from turning around freely
or
grooming itself completely is guilty of a crime punishable by imprisonment
in a county
jail for a period of one year, a fine of up to one thousand dollars
($1,000), or by both that imprisonment and fine.
(b) Any person who does not
feed a calf a daily diet containing sufficient iron to prevent anemia or sufficient
solid food to prevent impairment of the development of its rumen is guilty of
a crime punishable by imprisonment in a county jail for a period of one
year,
a fine of up to one thousand dollars ($1,000), or both that fine and imprisonment.
(c) The following definitions shall govern this section:
(1) ''Enclosure''
means any cage, crate, or other enclosure in which a calf is kept for all or the
majority of any day, including what is commonly described as the ''veal crate.''
(2) ''Farm'' means the land, buildings, support facilities, and other appurtenances
used in the production of animals for food or fiber.
(3) ''Turning around
freely'' means turning around in a complete circle without any impediment, including
a tether, or in the case of an enclosure, without touching any side of the enclosure."
Floor Number: 666 Clerk Number: 392
JOINT PURCHASING OF HEALTH INSURANCE
Ms. Wilkerson and Mr. Barrios move to amend the bill by inserting after Section 101 the following: --
"Section ___. Section 11 of Chapter 32B of the General
Laws as so appearing is hereby amended by inserting after the second paragraph
the following paragraphs: -
Notwithstanding any charter
or ordinance to the contrary, the appropriate public authority of the cities of
Cambridge, Chelsea, Everett, Malden, Medford, Melrose, Quincy, Revere and Somerville
may notify the appropriate public authority of the city of Boston of its election
to participate in the schedule of benefits made available by said city of Boston
for its employees and, subject to the approval of the appropriate public authority
of said such city of Boston and under such terms and conditions and rules and
regulations as may be prescribed from time to time by the appropriate public authority
of the city of Boston, the employees of the city so applying shall become insured
at the earliest practicable date as participants in a city of Boston group health
or life benefit plan. Nothing in this paragraph shall prohibit the appropriate
public authority of the city of Boston from prohibiting participation by applying
cities in certain benefit programs made available by said city of Boston for its
employees. Nothing in this paragraph shall prevent a participating city from withdrawing
from participation upon reasonable notice provided by the appropriate public authority
of the participating city to the appropriate public authority of the city of Boston.
A city granted approval to participate in the city of Boston's schedule of benefits
that incurs costs by so joining or exiting including but not yet limited to paying
for claims which have been incurred but not yet paid may amortize such costs over
a period of not more that 10 years from the date of such approval or exit.
Nothing in this section shall abrogate any provision of chapter 150E or any collective
bargaining agreement with respect to health benefits or to impact adversely the
rights and benefits of public employees pursuant to any collective bargaining
agreement."
Floor Number: 667 Clerk Number: 393
JOHN ADAMS GOVERNING BOARD
Mr. Panagiotakos moves to amend the bill by inserting at
the end thereof the following new section:-
SECTION____. Section 6A of
Chapter 40J of the General Laws, as so appearing, is hereby amended by inserting
after the word "appoint" in the second sentence of subsection (a) the
following: - "not less than".
Floor Number: 668 Clerk Number: 394
LAND DEVELOPMENT AND COMMUNITY INTERESTS
Ms. Wilkerson moves to amend the bill by inserting after Section 265 the following new Sections: --
"SECTION ___. The General Court finds that:
(1) the construction of the Massachusetts turnpike extension
in 1962 displaced and inadequately compensated over 300 families and small businesses
from the Hudson street area of the Chinatown neighborhood in the city of Boston;
(2) a community-focused real estate development is appropriate
for that area of Chinatown;
(3) there is a critical shortage of affordable
housing in the commonwealth, especially in its urban areas;
(4) the Chinatown
neighborhood of Boston is one of the most densely populated neighborhoods in the
city;
(5) the creation of community housing, open space, and community space
is a legitimate use of publicly-owned real estate;
(6) the commonwealth seeks
to increase the amount of affordable housing for residents in all communities.
SECTION ___. The commissioner of the Massachusetts Turnpike Authority shall, in consultation with the Boston Redevelopment Authority, notwithstanding any general or special law to the contrary, convey by deed or lease a certain parcel of land, titled "Parcel 24," at the corner of Kneeland street and Hudson street located in the Chinatown Neighborhood in the City of Boston in accordance with the following:
(1) "Parcel 24" shall be sold or leased to a community-based
development entity for nominal value;
(2) "Parcel 24" shall be developed in
accordance with the "Chinatown Master Plan 2000."
(3) The development
on "Parcel 24" shall restore a community-friendly, residential character
to the Hudson street community and to the Chinatown neighborhood.
SECTION ___. The conveyance shall take place only after the following steps are taken to ensure the greatest amount of community input and participation:
(1) The Boston Redevelopment Authority shall form a neighborhood
advisory committee whose co-chairs shall include 1 representative of the Massachusetts
Turnpike Authority 1 representative of the Boston Redevelopment Authority, and
at least 1 representative of the Chinatown community;
(2) co-Chairs of the neighborhood advisory committee
shall invite individuals from the community to join as members, while acknowledging
that the neighborhood advisory committee has no formal powers or voting procedures,
but will act as a working group and by consensus;
(3) the neighborhood advisory
committee shall convene at least three duly advertised, open community meetings
in the Chinatown neighborhood in order to generate detailed Development Guidelines
for Parcel 24, within the scope of the requirements defined by Sections 2(2) and
2(3) above, in terms of the use, building program, and design of Parcel 24;
(4) The Massachusetts Turnpike Authority shall draft a request for proposals based
on these development guidelines, whose rules and restrictions, include and are
consistent with the provisions listed in Section 2 above, in addition to other
federal, state, or local guidelines, codes or statutes that may apply;
(5)
The Massachusetts Turnpike Authority shall present the draft request for proposals
to the neighborhood advisory committee and refine it based on their responses;
(6) The Massachusetts Turnpike Authority shall receive bids on the final request
for proposals and present bid finalists to the neighborhood advisory committee
for their review and comment;
The Massachusetts Turnpike Authority shall make
the final selection of the development team for Parcel 24, based on the review
and comments of the Neighborhood Advisory Committee."
Floor Number: 669 Clerk Number: 432
DCAM I
Messrs. Lees, Knapik and Brown and Mrs. Sprague move that
the bill be amended by adding at the end thereof the following sections:-
"SECTION . Section 548 of
Chapter 26 of the Acts of 2003 is hereby amended by striking out, in line 61,
the words "June 30, 2005" and inserting in place thereof the following:-
June 30, 2010.
SECTION . Subsection (n) of Section 548 of Chapter 26
of the Acts of 2003 is amended by striking out the text in its entirety and inserting
in place thereof the following:-
(n) The commissioner shall deposit in fiscal
year 2005 $25 million of the proceeds realized from property dispositions pursuant
to this section into the General Fund. For any proceeds in excess of that amount,
each dollar of the proceeds of the sale of any real property identified by a state
agency as no longer needed for its purposes, declared surplus by the commissioner
on or before June 30, 2010, and sold pursuant to this Section 548 as now or hereafter
amended, shall be made available to said state agency for capital projects, maintenance
and repairs. Said funds shall be in addition to capital funds otherwise allocated
to said state agency, and shall be approved for release to said state agency's
capital program when the disposition of said surplus real property has closed
and funds have been received by the Commonwealth."
Floor Number: 670 Clerk Number: 454
ESTABLISHING THE MASSACHUSETTS ASSET DEVELOPMENT COMMISSION
Mr. Tolman moves to amend the bill by inserting, after Section
362, the following new Section:-
"SECTION 363. There is
hereby established a special commission to consist of two members of the senate
appointed by the Senate President; two members of the house of representatives
appointed by the Speaker of the House; the treasurer and receiver general; the
secretary of the executive office of administration and finance or his designee;
the director of the department of housing and community development or his designee;
the secretary of the executive office of health and human services or his designee;
the director of the department of economic development or his designee; the chairman
of the board of higher education or his designee; one of whom shall be a representative
of the Massachusetts Community Action Program Directors' Association; one of whom
shall be a representative of the Massachusetts Association of Community Development
Corporations; one of whom shall be a representative of the Massachusetts Individual
Development Account Solutions; and, eleven persons appointed by the Governor,
one of whom shall be a representative of the general public who has participated
or is participating in an individual development account administered by a community
based organization based in Massachusetts; one of whom shall be a representative
from the general public who manages an existing Individual Development Account
program in Massachusetts; two of whom shall be representatives of the Massachusetts
Bankers Association; one of whom shall be a representative of a private philanthropy
or private foundation; one of whom shall be a representative of the Women's Educational
and Industrial Union; one of whom shall be a representative of the Asset Development
Institute at the Heller School for Social Policy and Management at Brandeis University;
one of whom shall be a representative of a public or private institution of higher
education; one of whom shall be a representative of the Massachusetts Institute
for a New Commonwealth; one of whom shall be a representative of the Massachusetts
AFL-CIO; and, one of whom shall be a representative of the Federal Reserve Bank
of Boston.
Section 2.
The commission is created for the purpose of studying
and making recommendations concerning the development of financial assets as a
way to ensure that all people in the state of Massachusetts achieve long-term
and sustainable economic security and self-sufficiency and enjoy economic opportunity.
Said commission shall examine the success of low-income
workers of the Commonwealth in saving money and building assets, and the reasons
why some people have had less success than others; assess the impact of current
state policies and private sector practices on saving and asset-building; identify
strategies that offer a real promise of significantly increasing the numbers
of those who save and build assets and the amounts they accumulate; and make
recommendations - consistent with the state's short- and long-term fiscal condition
- for state policies and practices, including action in coordination and collaboration
with businesses and financial institutions, labor organizations, community-
and faith-based organizations, to implement those strategies.
The commission, in formulating
its recommendations, shall take account of the best policies and practices in
other states and jurisdictions, particularly, but not limited to those relating
to Individual Development Accounts for low-income and low-asset households.
The focus of the commission shall include but not be limited to asset development
strategies for low-income and low-asset individuals and families living in Massachusetts.
Where relevant, the commission shall consider the impact of labor market, education
and training, and family-support policies and practices on opportunities for financial
asset-building.
The commission shall be empowered to hold regular, public
meetings and fact-finding hearings and other public forums, as it deems necessary.
Section 3. Said commission shall file its recommendations together with recommendations
for legislation, if any, with the house and senate clerks who shall forward the
same to the general court no later than two years after the passage of this act."
Floor Number: 671 Clerk Number: 469
SORB
Messrs. Lees, Tisei, Tarr, Knapik and Brown and Mrs. Sprague
move that the bill be amended at the end thereof by adding the following sections:-
"SECTION . Section
178C of chapter 6 of the General Laws, as appearing in the 2000 Official Edition,
is hereby amended by striking out the definition of "Agency" and inserting
in place thereof, the following definition:-
"Agency," the department
of correction, any county correctional facility, the department of youth services,
the department of social services, the parole board, the department of probation,
the department of mental retardation, the department of mental health when the
department of mental health is acting for persons who have been classified pursuant
to the provisions of section fifteen, sixteen, seventeen or eighteen of chapter
one hundred and twenty-three at any time during the term of hospitalization, the
department of the trial court, including the district court department, the superior
court department and the juvenile court department, or any other agency, department,
board, commission or entity within the executive or judicial branch, excluding
the committee for public counsel services, which has or had custody of, supervision
or responsibility for a sex offender as defined in accordance with this chapter,
including an individual participating in a program of any such agency, whether
such program is conducted under a contract with a private entity or otherwise.
Each agency shall be responsible for the identification of such individuals within
its custody, supervision or responsibility. Notwithstanding any general or special
law to the contrary, each such agency shall be certified to receive criminal offender
record information maintained by the criminal history systems board for the purpose
of identifying such individuals.
SECTION . Said section 178C of chapter 6
is further amended by inserting in the definition of "Sex offense" a
semicolon after the words "section 6 of chapter 274."
Said section
178C of chapter 6 is further amended by inserting in the definition of "Sex
offense involving a child" a semicolon after the words "section 6 of
chapter 274."
Said section 178C of chapter 6 is further amended by inserting
in the definition of "Sexually violent offense" a semicolon after the
words "section 6 of chapter 274."
SECTION . Section 178E of chapter
6 is further amended by inserting in clause (e) after the last sentence the following
sentence:- The court shall notify the board of all determinations made pursuant
to this paragraph.
Said section 178E of chapter 6 is further amended by inserting
in clause (f) after the last sentence the following sentence:- The court shall
notify the board of all determinations made pursuant to this paragraph.
SECTION
. Section 178H of chapter 6 of the General Laws, as appearing in the 2000 Official
Edition, is hereby amended by striking clause (a) and inserting in place thereof
the following clause:-
(a) A sex offender required to register pursuant to
this chapter who knowingly: (i) fails to register; (ii) refuses to sign an acknowledgement
of his duty to register as required by section one hundred seventy-eight E subsections
(a), (b) and (c) of this chapter; (iii) fails to verify registration information;
(iv) fails to provide notice of a change of address; or (v) who knowingly provides
false information shall be punished in accordance with this section.
SECTION
. Said section 178H of chapter 6 is further amended by inserting in clause (b)
after the last sentence the following sentence:- Copies of records created by
the board which are certified and attested to by the chairman of said board or
his designee shall be admissible as evidence in any court of the commonwealth
to prove facts contained therein.
SECTION . Section 178J of chapter 6 of the
General Laws, as appearing in the 2000 Official Edition, is hereby amended by
inserting after the words "disseminated to assist in" in the last sentence
of the last paragraph of subsection (a) the following words:- or defend against.
SECTION . Section 178K of chapter 6 of the General Laws, as appearing in the 2000
Official Edition, is hereby amended by inserting in subsection (2)(a) after the
words "Federal Bureau of Investigation" in the last sentence the following
words:- and any other government agency responsible for the public's health and
safety.
Section 178K of chapter 6 is further amended by inserting after the
last sentence in subsection (2)(a) the following sentence:- The victim may be
notified by the board of its registration and final classification determination
regarding a level 1 offender.
SECTION . Section 178K of chapter 6 is further
amended by inserting after the last sentence in subsection (2)(b) the following
sentence:- The victim may be notified by the board of its registration and final
classification determination regarding a level 2 offender.
SECTION . Section
178K of chapter 6 is further amended by inserting in the penultimate paragraph
of subsection (2)(c) after the words "with 178I and 178J" the following
sentence:- The victim may be notified by the board of its registration and final
classification determination regarding a level 3 offender.
SECTION . Section
178K of chapter 6 is further amended by inserting in subsection (3) after the
second sentence the following sentence:- Any statutory, regulatory, or other privilege
or claim of confidentiality including, but not limited to, those set forth in
sections 129A, 135, 135A, 135B and 172 of chapter 112, section 60A of chapter
119, section 20B of chapter 233, section 100A and 100B of chapter 276, relating
to confidential communications or information shall not prohibit an agency from
providing such files and data to the sex offender registry board pursuant to the
provisions of this section.
SECTION . Section 178M of chapter 6 of the General
Laws, as appearing in the 2000 Official Edition, is hereby amended by striking
the words "of such sex offender's petition for review" in the second
sentence and inserting the following words:- of the filing of all dispositive
of motions, pleadings and memoranda filed on behalf of all the parties.
Section
178M of chapter 6 is further amended by striking the last sentence and inserting
the following sentence:- The court shall impound all records from such proceedings,
but the filing of an action under this section shall not stay the effect of the
board's final classification or registration requirements.
SECTION . Section
12 of chapter 123A of the General Laws, as appearing in the 2000 Official Edition,
is hereby amended by inserting after subsection (e) the following subsection:-
(f) The district attorney or the attorney general shall provide written notice
to the sex offender registry board of all petitions filed pursuant to this section."
Floor Number: 672 Clerk Number: 488
AN AMENDMENT TO EXAMINE THE POSSIBLE COST SAVINGS ASSOCIATED WITH EXTENDING THE TERMS OF MUNICIPAL BONDING
Mr. Tarr, Mr. Tisei, Mr. Knapik and Mr. Brown move to amend
the bill (Senate bill 2400) by adding, at the end thereof, the following new
section: -
"SECTION___. There is hereby established a commission
to evaluate the feasibility and potential benefits of allowing municipalities
to extend the time for payment of obligations for municipal borrowing for new
capital projects for a period not to exceed 40 years. The Commission shall be
comprised of the Commissioner of the Department of Revenue or his designee, the
Secretary of Administration and Finance, or his designee, 3 members from the House
Committee on Ways and Means, at least one being a member of the minority party,
and 3 members from the Senate Committee on Ways and Means, at least one being
a member of the minority party. Said Commission shall file a report, together
with any legislative recommendations with the Senate and House Committees on Ways
and Means and the House and Senate Clerks not later than December 31, 2004."
Floor Number: 673 Clerk Number: 498
ESTABLISHING A MINIMUM ENERGY EFFICIENCY STANDARD FOR CERTAIN PRODUCTS
Mr. O'Leary, Ms. Wilkerson, Ms. Fargo and Mr. Joyce move
to amend the bill by inserting, after Section 362, the following new Section:
-
"SECTION ___. Section 1. Section
2 of chapter twenty-five B of the General Laws, as appearing in the 2000 Official
Edition, is hereby amended by adding the following new definitions: -
"Ceiling
fan", a non-portable device that is suspended from a ceiling for circulating
air via the rotation of fan blades;
"Ceiling fan light kit", the
equipment used to provide light from a ceiling fan. This equipment can be: (1)
integral such that the ceiling fan light kit is hardwired to the ceiling fan,
or (2) attachable such that the ceiling fan light kit is not, at the time of sale,
physically attached to the fan. Attachable ceiling fan light kits might be included
inside the ceiling fan package at the time of sale or sold separately for subsequent
attachment to the fan;
"Commercial clothes washer", a soft mount
front-loading or soft mount top-loading clothes washer that is designed for use
in (1) applications where the occupants of more than one household will be using
it, such as multi-family housing common areas and coin laundries; or (2) other
commercial applications, if the clothes container compartment is no greater than
3.5 cubic feet for horizontal-axis clothes washers, or no greater than 4.0 cubic
feet for vertical-axis clothes washers;
"Commercial refrigerators and
freezers", means reach-in cabinets, pass-through cabinets, roll-in cabinets
and roll-through cabinets that have less than 85 cubic feet of capacity and that
are not walk-in models or consumer products regulated under the National Appliance
Energy Conservation Act of 1987 (Public Law 100-12);
"Digital cable television
box", a device that acts as a tuner for cable television programming and
that converts digital signals received from a cable service provider to a signal
usable by a television set;
"Digital television converter box",
a device that receives and decodes digital signals for display by an analog television
set;
"Illuminated exit sign", an internally-illuminated sign that
is designed to be permanently fixed in place and used to identify an exit; a light
source illuminates the sign or letters from within, and the background of the
exit sign is not transparent;
"Large packaged air-conditioning equipment",
packaged air-conditioning equipment having 240,000 Btu/hour or more cooling capacity;
"Multifunction device", a physically integrated device that has the
core function of a satellite television set-top box, digital cable television
box, wireless television receiver or digital television converter box plus one
or more major additional functionalities, such as Internet access device or video
game console;
"Packaged air-conditioning equipment", air-conditioning
equipment that is built as a package and shipped as a whole to end-user sites;
"Pass-through cabinet", a commercial refrigerator or commercial freezer
with a hinged or sliding doors on both the front and rear of the refrigerator
or freezer;
"Reach-in cabinet", a commercial refrigerator, commercial
refrigerator-freezer, or commercial freezer with hinged or sliding doors or lids,
but excluding roll-in or rollthrough cabinets and pass through cabinets
"Roll-in
or roll-through cabinets", a commercial refrigerator or commercial freezer
with hinged or sliding doors that allows wheeled racks of product to be rolled
into or through the refrigerator or freezer;
"Set-top box", a digital
cable television box, wireless television receiver, or digital television converter
box;
"Torchiere fixture", a portable electric lighting fixture with
a reflector bowl giving light directed upward so as to give indirect illumination;
"Traffic signal module", a standard 8-inch (200mm) or 12-inch (300mm)
round traffic signal indication. It consists of a light source, lens and all parts
necessary for operation and communicates movement messages to drivers through
red, amber and green colors. Arrow modules in the same colors are used to indicate
turning movements;
"Unit heater", means a self-contained fan-type
heater that uses natural gas, propane or fuel oil and that is designed to be installed
within a heated space. Unit heaters include an apparatus or appliance to supply
heat, and a fan for circulating air over a heat exchange surface, all enclosed
in a common casing. Unit heaters do not include 'warm air furnaces' as specifically
defined under the federal Energy Policy Act of 1992 (Public Law 102486). Unit
heaters do not include a product regulated by federal standards pursuant to 42
USC 6291, as amended from time to time; a product that is a direct vent, forced
flue heater with a sealed-combustion burner or any oil fired heating system;
"Wireless television receiver", a device used in conjunction with a
dish antenna to receive satellite or other wireless television programming and
that converts signals from a dish antenna for use by a television set.
Section 2. Section 3 of chapter twenty-five B of the General
Laws, as appearing in the 2000 Official Edition, is hereby amended by adding
at the end of subdivision (e) the following new types of appliances: -
(f) torchiere (lighting) fixtures
(g) unit heaters
(i) traffic signal modules
(j) illuminated exit signs
(k) large packaged air-conditioning equipment
(l) set-top boxes
(m) commercial
clothes washers
(n) ceiling fans
(o) ceiling fan light kits
(p) commercial
refrigerators and freezers
(q) digital cable television box
(r) digital
television converter box
(s) pass-through cabinet
(t) reach-in cabinet
(u) roll-in or roll-through cabinet
(v) wireless television receiver
(w)
such other products as may be designated by the Commissioner
Section 3. Section
4 of chapter twenty-five B of the General Laws, as appearing in the 2000 Official
Edition, is hereby amended by striking the first paragraph and inserting in place
thereof the following section: -
Not later than January 1, 2005, the Commissioner,
in consultation with the heads of other appropriate agencies, shall adopt regulations,
in accordance with the provisions of this act, establishing minimum energy efficiency
standards for the types of new products set forth in section three.
The regulations
shall provide for the following minimum efficiency standards:
(1) Torchiere
fixtures shall not consume more than 190 watts and shall not be capable of operating
with lamps that total more than 190 watts.
(2) Unit heaters shall not have
pilot lights and shall have either power venting or an automatic flue damper
(3) Traffic signal modules shall meet the product specification of the "Energy
Star Program Requirements for Traffic Signals" developed by the United States
Environmental Protection Agency and that took effect in February 2001 and shall
be installed with compatible, electrically-connected signal control interface
devices and conflict monitoring systems.
(4) Illuminated exit signs shall
meet the product specification (Version 2.0) of the "Energy Star Program
Requirements for Exit Signs" developed by the United States Environmental
Protection Agency.
(5) Large packaged air-conditioning equipment shall meet
the Tier 2 efficiency levels of the "Minimum Equipment Efficiencies for Unitary
Commercial Air Conditioners" and "Minimum Equipment Efficiencies for
Heat Pumps" developed by the Consortium for Energy Efficiency, Boston, MA,
and that took effect on July 1, 2002.
(6) Set-top boxes, except multifunction
devices, shall meet the Tier 1 criteria of the product specification of the United
States Environmental Protection Agency's "Energy Star Program Requirements
for Set-top Boxes" that took effect on January 1, 2001.
(7) Commercial
clothes washers shall meet the requirements shown in table P-3 of section 160.5
of the California Code of Regulations, Title 20: Division 2, Chapter 4, Article
4: Appliance Efficiency Regulations that took effect on November 27, 2002.
(8) Ceiling fans and ceiling fan light kits shall meet the Tier 1 criteria of
the product specification (Version 1.1) of the "Energy Star Program Requirements
for Residential Ceiling Fans" developed by the United States Environmental
Protection Agency.
(9) Commercial refrigerators and freezers shall meet the
August 1, 2004 requirements shown in Table A-6 of section 1605.3 of the California
Code of Regulations, Title 20: Division 2, Chapter 4, Article 4: Appliance Efficiency
Regulations that took effect on November 27, 2002.
On or after January 1,
2006, no new product of a type set forth in section three may be sold or offered
for sale in the commonwealth, unless the energy efficiency of the new product
meets or exceeds the efficiency standards set forth in the regulations adopted
pursuant to this section. On or after January 1, 2007, no new product of a type
set forth in section three may be installed in the commonwealth unless the energy
efficiency of the new product meets or exceeds the efficiency standards set forth
in the regulations adopted pursuant to this section.
Section 4. Section 5
of chapter twenty-five B of the General Laws, as appearing in the 2000 Official
Edition, is hereby amended by inserting the following new paragraph after subsection
(1): -
The Commissioner may establish increased efficiency standards on the
products listed in section three. The Commissioner may also establish standards
for products not specifically listed in section three. In considering such new
or amended standards, the Commissioner, in consultation with the heads of the
appropriate departments, shall set efficiency standards upon a determination that
increased efficiency standards would serve to promote energy conservation in the
commonwealth and would be cost-effective for the users, as a group, of the covered
appliance, provided no new or increased efficiency standards shall become effective
within one year following the adoption of any amended regulations providing for
such increased efficiency standards. The Commissioner may apply for a waiver of
federal preemption in accordance with federal procedures (see 42 U.S. Code 6297
(d)) for those products regulated by the federal government. The Commissioner
may adopt such further regulations as necessary to implement the provisions of
this section.
Section 5. Section 6 of chapter twenty-five B of the General
Laws, as appearing in the 2000 Official Edition, is hereby amended by striking,
in sentences three and ten, the word "plumbing" and inserting the word
"building" in its place, and inserting the following paragraphs at the
send of subsection (1): -
The Commissioner may test products covered by section
three using an accredited testing facility. If products so tested are found not
to be in compliance with the minimum efficiency standard established under section
four, the Commissioner shall: (1) charge the manufacturer of such product for
the cost of product purchase and testing, and (2) provide information to the public
on products found not to be in compliance with the standards.
The Commissioner
may cause periodic inspections to be made of distributors or retailers of new
products covered by section three in order to determine compliance with the provisions
of this Act. The Commissioner may also work with the head of building code administration
to coordinate on inspections for new products that are also covered by state building
code.
Section 6. Section 7 of chapter twenty-five B of the General Laws, as
appearing in the 2000 Official Edition, is hereby amended by inserting the following
paragraph at the end of subsection (1): -
Manufacturers of new products covered
by section three shall identify each product offered for sale or installed in
the state as in compliance with the provisions of this Act by means of a mark,
label, or tag on the product and packaging at the time of sale or installation.
The Commissioner may also propose to work in coordination with the certification
programs of other states with like standards.
Section 7. Section 8 of chapter
twenty-five B of the General Laws, as appearing in the 2000 Official Edition,
is hereby amended by inserting the following paragraph at the end of subsection
(1): -
The Commissioner shall cause investigations to be made of complaints
received concerning violations of this Act and shall report the results of such
investigations to the Attorney General. The Attorney General may institute proceedings
to enforce the provisions of this Act. Any manufacturer, distributor or retailer
who violates any provision of this Act shall be issued a warning by the Commissioner
for any first violation. Repeat violations shall be subject to a civil penalty
of not more than two hundred fifty dollars. Each violation shall constitute a
separate offense; each day that such violation continues shall constitute a separate
offense. Penalties assessed under this paragraph are in addition to costs assessed
under section five of this Act. The Commissioner shall also work with the head
of building code administration to coordinate on inspections for new products
that are also covered by the State Building Code.
Section 8. Section 8 of
Chapter twenty-five B of the General Laws is hereby amended by adding the following
subsection in between subsections (1) and (2): -
(1 ½) The Commissioner
is hereby granted the authority to adopt such further regulations as necessary
to ensure the proper implementation and enforcement of the provisions of this
Act. The provisions of this Act shall be severable and if the application of any
clause, sentence, paragraph, subdivision, section or part of this Act shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the application of any other clause, sentence,
paragraph, subdivision, section or part of this Act."
Floor Number: 674 Clerk Number: 500
CLARIFYING A MINIMUM THRESHOLD FOR THE PURCHASE OF EXISTING RENEWABLE POWER
Mr. O'Leary, Mr. Morrissey, Mr. Baddour and Ms. Fargo move
to amend the bill by inserting, after Section 362, the following new Section:-
"SECTION___. Section
3 of Chapter 25A of the General Laws is herby amended by inserting after the definition
of "energy management services", the following new definitions
"Net
Revenue", all revenue received from the sale of renewable generation attributes,
by an existing Massachusetts waste-to-energy facility minus: (a) all out of pocket
costs and expenses that the facility incurs in selling its renewable generation
attributes, including reasonable broker's fees and reasonable system and other
administrative charges applicable to such revenue, and legal fees, court costs
and the costs of administrative and other tribunals that the facility incurs to
establish or defend its title to its renewable generation attributes as against
any entity or authority, and; (b) any damages or refund of revenue, or both, from
the sale of prior renewable generation attributes that the facility may be ordered
to pay by a court or administrative agency because of a determination that a facility
did not have title to such renewable generation attributes, or that a facility
agreed to pay in settlement of a claim that it did not have title to such renewable
generation attributes.
"NE-GIS Certificate," a document produced
by the NE-GIS that identifies the relevant Generation Attributes of each MWh accounted
for in the NE-GIS.
"NE-GIS," the New England Generation Information
System, which includes a generation information database and certificate system,
operated by the New England Power Pool, its designee or successor entity, that
accounts for Generation Attributes of electrical energy consumed within New England.
"Renewable Generation Attribute," the generation attribute of the electrical
energy output of an existing waste-to-energy facility as designated by a NE-GIS
certificate.
"Long-term contract," the waste disposal contract of
at least four-year term between a Massachusetts community and a waste-to-energy
facility.
Section 2.
Section 11F of Chapter 25A of the General Laws, is
hereby amended by striking the second and third sentences of sub-section (a) and
inserting the following:-
By January 1, 2005, the division shall determine
the actual percentage of kilowatt-hours sales to end-use customers in the commonwealth,
which is derived from existing renewable energy generating resources. By March
1, 2005, every retail supplier shall provide at least the amount of kilowatt-hour
sales, as determined by the division, to end-use customers in the commonwealth
from existing waste-to-energy facilities. Every retail supplier shall also provide
a minimum percentage of kilowatt-hours sales to end-use customers in the commonwealth
from new renewable energy generating sources, according to the following schedule:
(i) an additional 1 per cent of sales by December 31, 2003, or one calendar year
from the final day of the first month in which the average cost of any renewable
technology is found to be within 10 per cent of the overall average spot-market
price per kilowatt-hour for electricity in the commonwealth, whichever is sooner;
(ii) an additional one-half of 1 per cent of sales each year thereafter until
December 31, 2009; and (iii) an additional 1 per cent of sales every year thereafter
until a date determined by the division of energy resources.
Section 11F of
Chapter 25A of the General Laws, is further amended by inserting the following:-
(c) For the purposes of this section, existing waste-to-energy facilities, which
are a component of conventional municipal solid waste plant technology in commercial
use, shall share the net revenue from the sale of their renewable generation attributes,
in the following manner:
(i) Fifty per cent (50%) of the net revenue shall
be divided over the tons received at each waste-to-energy facility received from
the towns that are under long-term contract to that facility.
(ii) Each town
under contract to a facility paying a tipping fee shall receive a pro rata portion
of the net revenue determined in clause (c) (i) on the municipality's annual minimum
tonnage.
(d) The division of energy resources shall promulgate rules and regulations
subject to this section by March 1, 2005. The division shall determine the annual
amount and value of the sale of generation attributes by each waste-to-energy
facility and develop a report which will be distributed to each participating
community."
Floor Number: 675 Clerk Number: 518
GUIDE DOG REGULATION
Mr. Joyce moves to amend the bill by inserting, after Section
_______, the following new section:-
Section___. Section 98A of Chapter 272 of the General Laws,
as amended by Chapter 126 of the Acts of 2000, is hereby amended by striking the
following proviso: "; provided further, that in the case of a deaf or hearing
handicapped person, or other physically handicapped person, such person carries
and displays upon demand, written evidence that the dog accompanying him is a
dog guide."
Floor Number: 676 Clerk Number: 537
RAILS TO TRAILS LIABILITY EXEMPTION
Mr. Barrios and Ms. Resor move to amend the bill (S. 2400)
by inserting after section 133 the following section:-
"SECTION 133A. Chapter 82 of the General Laws is hereby amended by striking
section 35 and replacing it with the following:-
"The board or officers
authorized to lay out highways or town ways may lay out, construct and maintain
multi-use paths under the provisions of law relative to the laying out, construction
and maintenance of public ways. A multi-use path is defined as a property improved
and maintained for bicycle, pedestrian and other non-motorized public transportation,
recreation and associated purposes. Multi-use paths may be laid out on property
a city, town or Commonwealth has acquired by fee, easement, lease, license or
otherwise, and may be subject to a reversion allowing a rail road company or authority
to reclaim the property for rail purposes upon written notice. Any property owner
who grants a lease, license or easement to a city, town or the Commonwealth allowing
a multi-use path to be laid out shall be exempt from liability for any claims
associated with use of such multi-use paths including claims for damages that
may arise under Chapter 84 Section 15 and Chapter 161A Section 38."
Floor Number: 677 Clerk Number: 538
PROHIBITING DISCRIMINATION BECAUSE OF PAST LAWFUL TRAVEL
Ms. Melconian, Ms. Creem and Ms. Chandler move to amend
the bill by inserting, after Section _____, the following new Section:-
"SECTION ______. Chapter 175 of the General Laws is hereby amended by inserting
after section 120E, as appearing in the 2002 Official Edition, the following new
section:-
Section 120F. Past lawful travel
No insurer, agent or broker,
authorized to issue policies on the lives of persons in the commonwealth shall
make any distinction or otherwise discriminate between persons, reject an applicant,
cancel a policy or demand or require a higher rate of premium for reasons associated
with an applicant's or insured's past lawful travel experiences."
Floor Number: 678 Clerk Number: 542
COMMISSION TO STUDY PUBLIC ACCESS TO DEFILBRILLATORS
Mr. Joyce moves to amend the bill by inserting, after Section
___, the following new Section:-
"SECTION
____. A special commission is hereby established to investigate and study the
feasibility of public access to defibrillators. Said commission shall be comprised
of the Chairs of the Joint Committee on Public Safety or their designee, House
and Senate Ways and Means Committees or their designee, a designee from the American
Heart Association, along with members of the medical profession. Said commission
shall report to the general court the results of its study together with drafts
of legislation necessary to carry such recommendations into effect, by filing
the same with the clerk of the house of representatives on or before the thirty-first
of July, two thousand and five.
Floor Number: 679 Clerk Number: 543
TAX INCREMENT FINANCING
Mr. Pacheco of Taunton moves to amend the bill by inserting
after Section_____, the following new section:-
"SECTION_____. Section 59 of Chapter 40 of the
General Laws, as last amended by sections 253 and 254 of Chapter 161 of the Acts
of 1998 is hereby further amended by adding at the end of subsection (v) the following:
"(5) a detailed explicit declaration that the provisions of sections 26 through
27H, inclusive, of Chapter 149 of the General Laws apply to all constructions,
as defined in section 27D of Chapter 149 of the General Laws, that is supported
or financed, directly or indirectly, by the tax increment financing."
Floor Number: 680 Clerk Number: 556
ESTATE OF HOMESTEAD
Mr. Creedon and Mr. Joyce move to amend the bill, Senate
2400, by adding at the end thereof the following section:
"SECTION SECTION 1. Section 1 of chapter
188 of the General Laws, as amended by chapter 174 of the Acts of 2002, is hereby
further amended by striking out any reference to the figure "$300,000"
and inserting in place thereof, in each instance, the following figure: - $500,000.
SECTION 2. Section 1A of said chapter 188, as amended by chapter 174 of the Acts
of 2002, is hereby further amended by striking out any reference to the figure
"$300,000" and inserting in place thereof, in each instance, the following
figure: - $500,000.
SECTION 3. This act shall apply to declarations of homestead
recorded or filed for registration pursuant to section 1 or 1A of chapter 188
of the General Laws before, on, or after the effective date of this act, but the
increase in the amount of homestead protection for declarations recorded or filed
for registration before the effective date of this act shall not have priority
over, and shall be subordinate to, any lien, right or interest recorded or filed
for registration before the effective date of this act."
Floor Number: 681 Clerk Number: 578
NOTARY PUBLICS
Mr. Creedon, Mr. McGee and Ms. Creem move to amend the bill,
Senate 2400, by inserting at the end of the bill the following new section:
SECTION_____. Chapter 222
of the General Laws is hereby amended by adding the following section:
Section 12. Notwithstanding any general, rule regulation or order to the contrary, attorneys-at-law and counselors-at-law as well as paralegals, legal secretaries and other legal staff, whom by virtue of their employment perform notary duties shall be exempt from maintaining a journal of their notary transactions.
Floor Number: 682 Clerk Number: 601
DMR HOME
Mr. Pacheco of Taunton moves to amend the bill by inserting, after Section_____ the
following new section:-
"SECTION ____. Section 1. The department of Department
Conservation and Recreation (DCR) shall transfer by deed to the Departmental
of Mental Retardation (DMR) a certain parcel of land transferred to the Department
of Environmental Management (DEM), now know as the Department Conservation and
Recreation (DCR), in Chapter 395, Section 11, of 2000 containing DMR house #42,
a program house of the former Dever Developmental Center, currently utilized
as a community residence for DMR consumers.
The exact acreage o
f the parcel to be transferred shall be determined by DCR and DMR, provided further,
however that the parcel shall be limited to the section of land on which house
#42 is situated and certain land immediately surrounding the home that shall be
used to create an appropriate buffer to the home from the remaining DCR land,
as determined by the Commissioner of the DMR."
Section 2. If at anytime this parcel of land ceases to be used for the purpose described in Section 1, it shall revert to DCR for the purposes of conservation and recreation.
Floor Number: 683 Clerk Number: 603
WATER SUPPLY AMENDMENT #2
Mr. Creedon and Mr. Joyce moves to amend the bill, Senate
2400, by inserting at the end thereof, the following section:
SECTION ___. Section
150A ½ of Chapter 111 of the General Laws is hereby amended by inserting
the following:
(18) to prohibit the siting of a solid waste facility or the
granting of a permit for the establishment, construction, expansion, maintenance,
or operation of a solid waste facility within the Zone II area of contribution
of an existing public water supply well; this prohibition shall apply to any solid
waste facility located on any place in any city or town which had not received
a site assignment on or before January 1, 2004; provided further that said prohibition
may be waived in a town by vote of town meeting or in a city by vote of the city
council or board of alderman to allow the siting and permitting of a solid waste
handling facility which serves said city or town and which is locating on the
same parcel of land where a former municipal landfill was located.
Floor Number: 684 Clerk Number: 617
GATE SHOWS
Messrs. Lees, Tisei, Tarr, Knapik and Brown and Mrs. Sprague
move to amend the bill by inserting, after Section ___, the following new Section:-
"SECTION _____. Section 15 of Chapter 152 of the Acts of 1997 is hereby amended
by striking subsection (d) in its entirety and inserting in place thereof the
following:-
(d) Notwithstanding any provision of this act to the contrary,
the project, as defined in section 2, shall not be marketed or utilized for so-called
gate shows or other similar consumer shows utilizing less than three hundred thousand
square feet of rental space. The Authority may enter into agreements with operators
of any so-called gate show or consumer show seeking to utilize three hundred thousand
square feet or more of rental space; provided, however, that no such show shall
be held prior to July 1, 2005."
Floor Number: 685 Clerk Number: 625
DESIGNATING SHIRLEY AN ECONOMIC TARGET AREA
Ms. Resor moves to amend the bill (S2400) by inserting after
section 221, the following new section:-
"SECTION 221A. Section 18 of
chapter 498 of the Acts of 1993 is hereby amended by striking out the words, "Devens
and the town of Ayer" in the second sentence and inserting in place thereof
the following words:- "Devens, and the towns of Ayer and Shirley"."
Floor Number: 686 Clerk Number: 626
SPECIAL COMMISSION TO STUDY IMPACT OF OXYCONTIN
Mr. McGee moves to amend the bill by inserting, after Section
362, the following new Section: -
"Section ____. There
is hereby established a special commission to study the impact and effects of
the abuse of oxyContin and other prescription and illicit drugs, including but
not limited to Duragesic, Klonopin, Methadone, Morphine, Vicodin, as well as their
generic equivalents, and cocaine, heroin, GHB, and MDMA, on youth in Massachusetts.
The commission shall consist of three members appointed by the Speaker of the
House, including the House Chair of the Joint Committee on Health Care, three
members appointed by the Senate President including the Senate Chair of the Joint
Committee on Health Care, the Commissioner of the Department of Mental Health
(DMH), the Commissioner of the Department of Public Health Drug Control Program
and three members of the medical and substance abuse treatment community with
specialty experience in drug regulation, prescription, treatment and abuse. Said
commission shall study the prescription, dispensing, treatment and education of
said drugs and shall submit a report, including legislative recommendations, if
any, to the Joint Committee on Health Care and the House and Senate committees
on Ways and Means by June 15, 2005."
Floor Number: 687 Clerk Number: 652
INTEREST FOR COURT DAMAGES
Mr. Berry moves to amend the bill by inserting, after Section
362, the following new Section:-
"SECTION___. Chapter 231 of the General Laws is hereby amended
by adding the following new Section:-
In any action for malpractice, negligence,
error, omission, mistake or unauthorized rendering of professional services, other
than actions brought under section two of chapter two hundred twenty-nine, against
a provider of health care, in which a verdict is rendered or a finding made or
an order for judgment made for pecuniary damages for personal injuries to the
plaintiff or for consequential damages, there shall be added by the clerk of the
court to the amount of damages interest thereon, at a rate to be determined as
set forth bellow rather than the rate specified in Section 6B of chapter two hundred
thirty-one, from the date of the commencement of the action even though such interest
brings the amount of the verdict or finding beyond the maximum liability imposed
by law. The rate of interest to be applied by the clerk shall be at a rate equal
to the coupon issue yield equivalent, as determined by the secretary of the treasury,
of the average accepted auction price for the last auction of fifty-two week United
States treasury bills settled immediately prior to the date on which the verdict
is rendered or finding made or order made."
Floor Number: 688 Clerk Number: 653
CERVICAL CANCER COMMISSION
Ms. Resor moves to amend the bill (S. 2400) by inserting
at the end thereof the following new section:-
SECTION . There shall be a special commission relative to eliminating
cervical cancer from the Commonwealth of Massachusetts. This commission is to
consist of seventeen members to be appointed as follows; (5) five members to be
appointed by the Speaker of the House, at least one of whom shall also be a member
of the Massachusetts Caucus of Women Legislators, five members to be appointed
by the President of the Senate, at least one of whom shall also be a member of
the Massachusetts Caucus of Women Legislators, and the Governor will appoint seven
members including at least one member of the American Cancer Society, at least
one representative of a women's health organization, at least one member of the
Health Insurance Industry, at least one member of the American College of Obstetrics
and Gynecology, the State Epidemiologist, and two members at large, is hereby
established for the purpose of making an investigation and study on eliminating
cervical cancer in the Commonwealth of Massachusetts. Chair of said commission
shall be appointed by the Speaker of the House and shall be a member of the Massachusetts
Caucus of Women Legislators, the Vice-Chair of said commission shall be the Chair
for the Health Care Committee.
Said commission shall have the following duties:
To undertake a statistical and qualitative examination of the prevalence and burden
of cervical cancer.
(1) To raise public awareness on the causes and capture
of cervical cancer, personal risk factors, value of prevention, early detection,
option for testing, treatment costs, new technology, medical care reimbursement,
and physician education.
(2) To identify priority strategies, new technologies,
or newly introduced vaccines which are effective in preventing and controlling
the risk of cervical cancer.
(3) To identify and examine the limitations of
existing laws, regulations, programs, and services with regard to coverage and
awareness issues for cervical cancer.
(4) To receive and to consider reports
and testimony from individuals, local health departments, community-based organizations,
voluntary health organizations, and other public and private organizations statewide
to learn more about their contributions to cervical cancer diagnosis, prevention,
and treatment and more about their ideas for improving cervical cancer prevention
diagnosis, and treatment in the Commonwealth of Massachusetts.
Said commission
shall report to the general court the results of its investigation and study,
and its recommendations, if any, together with drafts, of legislation necessary
to carry said recommendations into effect, by filing the same with the clerks
of the house of representatives and the senate on or before the fourth anniversary
of the special commission's establishment; provided further that not less than
$99,999 shall be expended for the operation of the commission.
Floor Number: 689 Clerk Number: 654
THE MASSACHUSETTS PORT AUTHORITY EMPLOYEES RETIREMENT SYSTEM.
Mr. Berry moves to amend the bill by inserting, after Section362, the following new Section:-
"SECTION____. Section 5 of Chapter 32 of the Massachusetts
General Laws, as amended by section 12 of chapter 68 of the acts of 1999, is
further amended by adding the following:-
(5)(i) Notwithstanding the provisions of this chapter or any other general or
special law to the contrary, there is hereby established an alternative superannuation
retirement benefit program for members of the Massachusetts Port Authority Employees
Retirement System. Participation in said program shall be an alternative retirement
option at time of hiring for all employees hired on or after July 1, 2004. Such
members shall make contributions to the Massachusetts Port Authority Employees
Retirement System at the rate of 10 per cent on all regular compensation. Any
member of the Massachusetts Port Authority Retirement System before July 1, 2004
may elect to participate in the alternative superannuation retirement benefit
program. Said election shall be made on or after July 1, 2004 and before December
31, 2004. Any member of a
contributory retirement system who transfers into
the Massachusetts Port Authority Employees Retirement System before July 1, 2004
may elect to participate in the alternative superannuation retirement benefit
program; provided, that said election shall occur within 180 days of establishing
membership in the Massachusetts Port Authority Employees Retirement System.
(5)(ii) Any member who elects to so participate shall be required to make a minimum
of five years of contributions at 10 per cent from of regular compensation pursuant
to section 22; provided, however, that if said member elects to retire before
he has made said five years of contributions at 10 per cent, said member shall
pay, in one sum or in installments as the board may prescribe, an amount equal
to that which would have been withheld as regular deductions at the rate of 10
per cent from his regular compensation for such five year period based on his
last months of regular compensation less
contributions made during said member's
last five years of creditable service; provided, further, that any inactive member
who elects to retire before he has made said five years of contributions at 10
per cent, said member shall pay, in one sum or in installments as the board may
prescribe, an amount equal to that which would have been withheld as regular deductions
at the rate of 10 per cent from his regular compensation for such five-year period
based on the last 12 months of regular compensation which would have been paid
to said inactive member has said member continued in the position from which he
is current1y inactive less contributions made during said member's last five years
of creditable service. Any schedule permitting an acceleration of contributions
shall be consistent with the plan qualification requirements of the Internal Revenue
Code and shall, where necessary to meet the requirements of the Internal Revenue
Code, provide for an actuarial reduction of benefits by the actuary appointed
by the commission in accordance with the provisions of
section 21. Any member
who elects to participate in the alternative superannuanation retirement benefit
program and pays additional contributions pursuant to this section and does not
complete 30 years of creditable service shall upon termination from membership
in or retirement from the system be reimbursed such additional contributions,
plus regular interest, as determined by the Massachusetts Port Authority Employees
Retirement System.
(5)(iii) The normal yearly amount of retirement allowance
for an eligible employee who has completed 30 years of creditable service and
has paid the full amount of regular deductions on the total amount of regular
compensation as determined under paragraph (a) of subsection (2), shall be based
on the average annual rate of regular compensation as determined under said
paragraph (a) and shall be computed according to the table contained in said
paragraph (a) titled group 2, based on the age of such member and his number
of years and full months of creditable service at the time of his
retirement with the percentage
of salary average in such computation to be increased by 2 per cent per year for
each full year of service in excess of 24 years of creditable service; provided,
however, that such member shall have served for not less that 25 years as an employee
of the Massachusetts Port Authority in order to be eligible to receive the benefit
provided under this subsection. For any member who retires prior to age 55, his
age factor shall be determined in accordance with subdivision (1) of section 10.
For any member who retires before completing 30 years of service, such member
shall receive a retirement allowance equal to the retirement allowance that the
member would have been eligible for had he not participated in the alternative
superannuation retirement benefit program.
(5)(iv) The total normal yearly amount of the retirement
allowance, as determined in accordance with the provisions of this subdivision,
of any employee who retires and receives an additional benefit under the alternative
superannuantion retirement benefit program shall not exceed four-fifths of the
average annual rate of his regular compensation received during any period of
three consecutive years of creditable service for which the rate of compensation
was the highest or of the average annual rate of his regular compensation received
during the period or periods, whether or not consecutive,
constituting
his last three years of creditable service preceding retirement, whichever is
greater."
Floor Number: 690 Clerk Number: 657
ESTABLISHMENT OF A LOCAL ADVISORY BOARD AT THE MASSACHUSETTS PORT AUTHORITY
Ms. Fargo, Ms. Resor, Mr. Hedlund, and Ms. Wilkerson move
to amend the bill by inserting, after Section __, the following new Section:
-
"SECTION __. Chapter 465 of the Acts
of 1956 is hereby amended by adding after section 35 thereof the following new
Section:-
Section 36. (a) There shall be an advisory board to the authority
consisting of a voting representative of each of the following cities and towns:
Bedford, Braintree, Brookline, Cambridge, Chelsea, Cohasset, Concord, Everett,
Hingham, Hull, Lexington, Lincoln, Lynn, Malden, Melrose, Medford, Milton, Nahant,
Quincy, Revere, Somerville, Weymouth, Winthrop and Worcester; provided further,
that the city of Boston shall have five voting representatives, one of whom shall
be a resident of the Beacon Hill or South End sections of the city of Boston,
one of whom shall be a resident of the East Boston section of the city of Boston,
one of whom shall be a resident of the Dorchester or Roxbury sections of the city
of Boston, one of whom shall be a resident of the Charlestown or South Boston
sections of the city of Boston, one of whom shall be a resident of the Roslindale,
Jamaica Plain or Hyde Park sections of the city of Boston. The members of the
advisory board shall consist of the chief executive officer thereof; provided
however, that any chief executive officer, by writing filed with the authority,
may appoint a permanent designee to serve in his stead as a member of said advisory
board until the expiration of each term of office of the designating chief executive
officer or the earlier vacancy of the office of the designating chief executive
officer; provided further, that if the chief executive officer of the city of
Boston opts to serve as the representative for the city of Boston to the advisory
board, he shall be deemed to represent the forgoing sections of the city of Boston;
provided further that a permanent designee shall be versed in at least one of
the following three disciplines: environmental affairs, community/airport relations
or public health. For the purpose of this section, the term "chief executive
officer" shall mean the person designated as the chief executive officer
under the provisions of a local charter or laws having the force of a charter,
and otherwise the mayor in every city and the chairman of the board of selectmen
or president of the town council, as the case may be, in every town.
(b) Accept
as otherwise proscribed in this section, each voting representative shall cast
one vote on the advisory board. Each voting representative of the several sections
of the city of Boston as listed in paragraph (a) shall cast one vote. Wherein
the chief executive officer of the city of Boston shall opt to serve as the representative
to the advisory board for the city of Boston, he shall cast five votes.
(c)
Said advisory board may act at a regular periodic meeting called in accordance
with its by-laws or at a special meeting called by the authority or if a majority
of the cities, towns and sections of the city of Boston referred to in paragraph
(a) choose to do so. For the purposes of the forgoing provision, each city, town
and section of the city of Boston referred to in paragraph (a) shall count as
one. Except as specially provided in paragraph (f), a quorum of the advisory board
shall consist of a simple majority of voting members present, and the advisory
board may act, except as otherwise provided in paragraph (f), by affirmative casting
of a majority of the votes represented in the quorum. The advisory board shall
be deemed to be a governing body for the purposes of, and shall be subject to
section 11A½ of chapter 30A of the General Laws, as appearing in the 2000
Official Edition.
(d) For the conduct of its business said advisory board
shall adopt and may revise and amend by-laws. Said advisory board shall annually
elect a chairperson, a vice-chairperson, a secretary and such officers as said
advisory board might determine. Each officer may be removed by a two-thirds vote
of the advisory board without cause. In the event of a vacancy, said board shall
fill the vacancy for the unexpired term. Each member of said advisory board shall
serve without compensation but may be reimbursed, as an expense of said advisory
board, for all reasonable expenses incurred in the performance of his duties as
approved by the advisory board.
(e) The purposes of the advisory board shall
be as follows:
(i) to appoint one member of the board of directors of the
authority, as provided for in section 2 of this chapter, as amended by section
2 of this Act, and in the manner proscribed in paragraph (f) of this section;
(ii) to make recommendations to the authority on annual current expense expenditure
budgets submitted to the advisory board under paragraph (j);
(iii) to hold
hearings, which may be held jointly with the authority at the discretion of the
advisory board and said authority, on matters relating to said authority;
(iv) to review the annual report of the authority and to prepare comments thereon
to the authority and the governor, and to make such examinations of the reports
on the authority's records and affairs as the advisory board deems appropriate;
and
(vi) to make recommendations to the governor and the general court respecting
the authority and its programs. The advisory board shall have all powers necessary
or convenient to carry out and effectuate the foregoing purposes.
(f) One
member of the board of directors shall be appointed by the advisory board in accordance
with section 2 of this chapter, as amended by section 2 of this Act. The member
of the board of directors so appointed may also be a member of said advisory board.
Said advisory board shall appoint successor members, who shall replace that member
of the board of directors appointed by the advisory board whose term has expired
or otherwise terminated. With respect to appointment of any member of the board
of directors the advisory board shall act only if a special quorum is present
consisting of two-thirds of voting members, and then only by an affirmative vote
of two-thirds of the voting members.
(g) Within thirty days of receiving any
proposed current expense budget of the authority or within fifteen days of receiving
any proposed amended expense budget of the authority, the advisory board shall
hold a public hearing on matters relating to said budget for the purpose of ascertaining,
for subsequent report to the authority if necessary, the views of the public thereon.
(h) The advisory board shall provide for the appointment of an ombudsman who,
with the assistance from such staff and consultants as the advisory board may
authorize and appoint, shall act for and in the name of the advisory board in
the following respects:
(i) preparation of analysis for the advisory board
of the authority's current expense budgets, capital expenditure budgets and capital
programs and their effect on the charges of said authority;
(ii) representation
of the advisory board to said authority on all matters pertaining to said authority's
programs, operations, finances and charges;
(iii) reporting regularly to the
advisory board on the activities of the ombudsman and other staff of the advisory
board, on the affairs of the Authority, and on the effect of the authority's program
and operations on residents of neighboring communities.
(iv) exercising such
other duties and responsibilities consistent with the powers of the advisory board
as the advisory board may assign from time to time.
(i) The advisory board
may incur annual expenses, not to exceed $150,000 for expenses authorized under
paragraph (c) and for personnel and office expenses. Said annual expenses shall
be paid by the authority.
(j) The authority shall provide any information,
including but not limited to annual current expense expenditure budgets and capital
expenditure reports, requested by the advisory board which are necessary for the
discharge of its duties.
Floor Number: 691 Clerk Number: 658
LONG TERM CARE COMMISSION
Mr. Panagiotakos and Mr. Pacheco move to amend the bill by adding at the end thereof the following new section: -
SECTION___.
There is hereby established a special commission to evaluate
the current status, adequacy, and availability of long-term care residential
services, facilities, and programs for cognitively intact adults between the
ages of 19 and 59 years of age, with progressive and severe, chronic and physically
disabling neurologic conditions in Massachusetts. The commission will study
the long term care needs of said adults with multiple sclerosis and other similar
progressive neurological conditions that manifest in physical impairments, including
Amyotrophic Lateral Sclerosis (Lou Gehrig's disease), spinal cord injuries,
muscular dystrophy, arthritis, and Parkinson's disease, to determine what specialized
services, staff trainings, and expertise are needed to serve their psycho-social
and medical needs. The commission will also evaluate what capacity in existing
facilities must be preserved and adjusted to meet the demand for 24 hour custodial
care and treatment of this population of cognitively intact, physically disabled
young adults between the ages of 19 and 59.
Said commission shall collect
and review data from the Massachusetts Office of Disability, the Department of
Public Health Office on Health and Disability, the Division of Medical Assistance,
as well as any other state or quasi state agency or department with relevant information,
to assist in the evaluation of waiting lists, number of severe or progressive
neurologically disabled adults in each facility, the population frequency of disability
by type and location, the profile of disabled adults in each facility offering
specialized services for cognitively intact, physically disabled adults between
the ages of 19 and 59 with progressive or sever neurologic conditions. The commission
will also examine non-confidential data from private local agencies and non-profit
organizations serving said population, to determine the needs - both met, unmet,
and statistically anticipated -of cognitively intact, physically disabled adults
between the ages of 19 and 59, with severe and progressive neurologic conditions
and diseases.
The Special Commission will asses the fiscal impact, if any, of meeting the residential, psychosocial, and physical dependency needs of this target population of cognitively intact adults between the ages of 19 and 59 with progressive and severe neuralgic disabilities, including but not limited to a review of: the current status and accounting of available beds or units within existing facilities, existence of public or private facilities/homes serving this population, determination of whether and how hospital units should be restructured or retrofitted to accommodate this targeted population, review of the appropriateness of the services offered in said units dedicated to serving the targeted population, examination of the state and federal regulations governing long-term care facilities including for respite beds for target population, and evaluation of options for affordability.
Said special commission shall consist of twenty-four members: three members of the House of Representatives, one of whom shall be the House Chair of the Joint Committee On Health Care or designee, one of who shall be the Chair of the House Committee on Ways and Means or designee, one of whom shall be appointed by the Minority Leader of the House Of Representative; three members of the senate, one of whom shall be the Senate Chair Of The Senate Committee on Health Care or designee, one of whom shall be the Chair of the Senate Committee on Ways and Means or designee, and one of whom shall be appointed by the Minority Leader of the Senate. The Governor of the Commonwealth of Massachusetts shall appoint the Secretary of Administration And Finance or designee; the Secretary of Health and Human Services, or designee; two adults between the ages of 19 and 59 with progressive or severe neurologic disabilities; Director of the Massachusetts Office on Disability or designee; Commissioner of the Department of Public Health or a designee form the Office on Health and Disability; Commissioner of the Division of Medical Assistance or designee, Commissioner of Health Care and Finance Policy or designee, the legislative and /or administrative staff for this commission shall be provided from existing resources or staff from above identified offices or offices of designees. Other members of the commission shall include: one member of the Olmstead Advisory Group, Director of the Disability Law Center or designee, the President or CEO, or designee, of disease agencies and organizations serving individuals with multiple sclerosis, Amyotrophic Lateral Sclerosis (Lou Gehrig's disease), spinal cord injuries, muscular dystrophy, arthritis, and Parkinson's; and one Administrator and one representative from the nursing staff from the Boston Home.
Said commission shall be co-chaired by one member of the house and one member of the senate to be appointed respectively by the speaker of the house and president of the Senate. Said commission shall hold public hearings to assist in the collection and evaluation of data and testimony from family members, caregivers, facilities, and other state offices, as well as other sources of information. The commission shall conclude said evaluation on or before September 30, 2003 by filing the results thereof with the clerks of the house and senate, the house and senate committees on ways and means and the joint committee on health care.
Said report shall include recommendations for securing services facility based custodial care for cognitively intact, physically disabled adults between the ages of 19 and 59, with progressive or severe neurologic disabilities, the cost of maintaining or establishing said facilities, and any legislation necessary to implement or allow for the maintenance, retrofitting, renovation, or construction of facilities for the targeted population
Floor Number: 692 Clerk Number: 662
USE OF AGRICULTURAL LAND AT DANVERS STATE HOSPITAL
Mr. Berry moves to amend the bill by inserting , after 362,
the following new Section:-
"Section____. Chapter
686 of the acts of 1981 is hereby amended by adding the following paragraph:-
Any portion of the agricultural land which is not being used for farming or agricultural
purposes, if any, may be leased for recreational purposes to private persons or
organization may not exceed a term of 2 years and must be approved by the commissioner
of the department of food and agriculture."
Floor Number: 693 Clerk Number: 687
CHOICE IN AUTOMOBILE INSURANCE
Messrs. Tolman and Joyce move to amend the bill by inserting,
after Section 362, the following new Section:- "SECTION 363. To augment
the current activities of the administration, regulatory agencies, and the insurance
industry toward implementing an assigned-risk plan, and in order to provide
much-needed financial relief for Massachusetts citizens as soon as possible,
to create a business climate more competitive with other states, and to research
how best to establish a healthy automobile insurance market, a special commission
shall be formed. Said commission shall be composed of nine (9) truly consumer-oriented
individuals with no affiliations with either the insurance industry or the trial
bar, selected as follows:
Four (4) members of the General Court: one each to be appointed
by the speaker of the House of Representatives, the president of the Senate, the
minority leader of the House of Representatives, and the minority leader of the
Senate;
A representative of the Governor;
A representative of the Attorney-General;
and,
Three (3) consumers with comprehensive awareness of Massachusetts automobile
insurance issues and with demonstrated commitment to the public good, the method
of their selection to be determined by the General Court's Joint Committee on
Insurance.
(b) The first task of the commission shall be to develop automobile
insurance reform legislation based on the "choice/no-fault" concept
of offering consumers the option of a strong no-fault policy, whose benefits according
to a series of studies by the Joint Economic Committee of the U.S. Congress include
savings for all Massachusetts motorists averaging over $300 annually, and ranging
from over two hundred dollars ($200) in the Commonwealth's most rural areas to
over $600 for many inner-city residents.
(c) Upon completion of the above
task, the commission shall then conduct in-depth research into the issue of competition
for the Commonwealth's automobile insurance market. Specific areas of concern
shall include but not be limited to:
. The affordability of insurance by less-affluent
car owners in the high-rated urban areas;
. The effect of innovative merit-rating
plans such as those currently offered in the other more competitive states;
. The extent to which a more competitive rating system will induce more companies
to entering the state's insurance market and thus create a healthier market;
. The type of regulation of any competitive market that would be best suited to
the needs of the Commonwealth;
. Methods whereby the current territorial cross-subsidization
can be maintained in a competitive market; and,
. Upon the request of the
Joint Committee on Insurance, other related issues that may arise in the course
of the commission's research.
The commission's activities shall not affect
the current industry changes towards the implementation of a so-called "assigned
risk" method of handling the residual involuntary market.
(d) The commission
shall avail itself of the counsel and advice of relevant regulatory bodies in
other states, of national insurance information associations, and of major insurance
companies, both those currently doing automobile insurance business in the Commonwealth
and those currently not doing such business.
. (e) The operations of the commission
shall be funded by a one-time assessment of ten cents ($0.10) per policy against
all licensed insurers doing automobile insurance business in the Commonwealth,
such assessment to produce approximately four hundred thousand dollars ($400,000)
and representing approximately one-hundredth of a percent (0.01%) of the annual
cost of the average policy.
(f) The commission shall submit the proposed legislation
of subsection (b) above, together with any minority proposal(s), to the General
Court no later than November 15, 2004 .
(g) The commission shall submit a
report of the research of subsection (c) above, together with any minority report(s),
to the General Court no later than July 1, 2005 .
(h) Upon the completion
of both tasks, the commission shall be dissolved at the discretion of the Joint
Committee on Insurance.
Floor Number: 694 Clerk Number: 690
TECHNICAL AMENDMENT TO THE OFFICE OF EMPLOYEE INVOLVEMENT AND OWNERSHIP
Mr. Magnani of Framingham moves to amend the bill by adding
the following new section:
"Section _________.
Section 17 of Chapter 23D of the general laws, as appearing in the 2000 official
edition, is hereby amended by striking the first sentence and inserting in place
thereof the following:- "There is hereby established a program of employee
involvement and ownership to be administered by the smaller business association
of new england."
Floor Number: 695 Clerk Number: 706
WILDLIFE STUDY COMMISSION
Ms. Resor moves to amend the bill (S. 2400) by adding at
the end thereof the following new section:-
"SECTION ___. There shall be established a task force for the
purpose of evaluating and recommending non-lethal and lethal methods available
to wildlife managers and the public, to successfully manage and co-exist with
the following animals: beaver, muskrat, coyote and moose.
The task force shall examine and evaluate the effectiveness of lethal and non-lethal techniques, such as flow devices, repellents, signage, highway/yard fencing, education, improved highway lighting, aversive conditioning, critter proofing homes, yards, and neighborhoods, trapping and hunting. The task force may establish an effective trap loan program through MassWildlife for trappers and establish an education/incentive program for trappers to use box and cage traps.
Said task force shall be chaired by the senate and house
chairmen of the joint committee on natural resources and agriculture, and shall
consist of representatives from a broad range of opinions on wildlife management,
and represent a broad spectrum of agencies, organizations, and citizens. At
a minimum, the taskforce shall include representatives from: MassWildlife, the
MSPCA, biologists specializing in the species of coyote, beaver, moose and muskrat,
the Commissioner of Department of Public Health or his designee, The Commissioner
of MassHighway, or his designee, A member of the Massachusetts Association of
Boards of Health, Massachusetts Sportsman's Council, and the commissioner of
the state department of conservation and recreation or his designee, and any
other representatives the co-chairs so designate.
Said task force shall report
to the general court the results of its investigation and study, and its recommendations,
if any, together with drafts, of legislation necessary to carry said recommendations
into effect, by filing such recommendations to the Joint Committee on Natural
Resources and Agriculture six months from the date of enactment of this section."
FLOOR NUMBER: 696 CLERK NUMBER: 709
ASSISTED LIVING SPECIAL COMMISSION
Mr. Morrissey moves to amend the bill by inserting after section 353 the following new section:-
SECTION ___ . Notwithstanding the provisions of any general or special law to the contrary, there shall be established a special commission to analyze the regulation of assisted living facilities in the commonwealth. Said commission shall consist of 17 members including: 3 members of the house of representatives, 2 appointed by the Speaker and 1 of whom shall be appointed by the minority leader; 3 members of the senate, 2 appointed by the Senate President and 1 of whom shall be appointed by the minority leader; the secretary of elder affairs or her designee; the commissioner of public health or her designee; one individual nominated by the Massachusetts Assisted Living Facilities Association; one individual nominated by Local 209 of the Service Employees Industrial Union; one individual nominated by MassAging; one individual nominated by the Massachusetts Extended Care Federation; one individual nominated by the Alzheimer's Association of Massachusetts; and one individual nominated by AARP of Massachusetts; 2 residents of a facility licensed under M.G.L. c. 19D; and one family member of a cognitively impaired resident of a facility licensed under M.G.. c. 19D. Said nominations shall be submitted to the office of the Speaker and the Senate President no later than 60 days from the effective date of this act and shall first meet in a location to be chosen by the secretary of elder affairs no later than 60 days thereafter. The commission shall issue a report containing its recommendations, including any proposed legislation or regulations it deems advisable, no later than January 31, 2005 and shall submit said report and draft legislation or regulations to the Joint Committee on Human Services and Elderly Affairs.
Floor Number: 697 Clerk Number: 717
ESTABLISHMENT OF A STUDY COMMISSION ON THE MUNICIPAL WATERWAYS IMPROVEMENT AND MAINTENANCE FUND
Mr. Morrissey moves to amend the bill by inserting, after Section 353, the following new Section: -
Section___. The Governor shall establish a special commission to study, evaluate and explore funding sources and expenditures of existing Municipal Waterways Improvement and Maintenance Funds, established under Section 5G of Chapter 40 of the General Laws. Said commission shall composed of 7 members; provided that, the Governor shall appoint one member from the Harbormaster Association, one member from the Massachusetts Division of Waterways, one member from the Boston Harbor Alliance, two members from the Massachusetts Municipal Association and two members from the Massachusetts Bay Yacht Club Association. Said study shall include, but is not limited to: compiling an itemized list of said funds, including when the funds were established and by what authority; a list of each city and town that offers a mooring fee and the amount of said fee; provided further, that said commission may hold public hearings if it deems necessary and said commission shall file a report and any recommendations on the proper collection and usage of said existing and future funds to the House and Senate Ways and Means Committee, the Joint Committee on Natural Resources and the Joint Committee on Taxation no later than December 13, 2004.
FLOOR NUMBER: 698 CLERK NUMBER: 721
EXPANDING PLEASURE BOAT ACCESS TO BOSTON HARBOR
Mr. Morrissey moves to amend the bill, after section 353, by inserting the following new section:-
SECTION ___ . The City of Boston and the Massachusetts Port Authority are hereby authorized and directed to identify and establish pier facilities and temporary dock facilities for pleasure boats within the confines of the Port of Boston on property owned or controlled by them. Said City and the Massachusetts Port Authority may lease, purchase or enter into memorandum of agreement with entities to improve public access and permit boat landing and dock facilities. The City and the Massachusetts Port Authority may charge reasonable fees for temporary dockage to help defray the cost of creation and maintenance of any public docking facility. The City of Boston may expend funds from any account created under section 5G of chapter 40 of the General Laws for the purpose of this section. Said City and the Massachusetts Port Authority shall file a report with the Joint Committee on Natural Resources and Agriculture, the Commission of the Department of Conservation and Recreation, and the Public Access Board on January 1 of each year on the location for public tie up or docking within the Inner Harbor of the Post of Boston.
Floor Number: 699 Clerk Number: 728
RELATIVE TO SEX OFFENDERS
Ms. Fargo moves to amend the bill by inserting, after Section__,
the following new Section: -
"SECTION__. Section 178H of Chapter 6 is hereby
amended by adding, after subsection (c), the following subsection:
(d) A sex
offender who is required to register pursuant to sections 178C to 178P, inclusive,
and has registered with the board, shall notify the board within 7 days after
a change of the sex offender's name to make the sex offender's registration name
data true and correct. The board, upon receipt of the notification, shall promptly
transmit notice of the sex offender's name registration change to: the police
departments in the municipalities in the commonwealth, where the sex offender
resides and works; and if applicable, to the police departments in the municipalities
in the commonwealth where the sex offender intends to work or reside; and to the
police department in the commonwealth where the offense was committed; and if
applicable, to the police department in the municipalities in the commonwealth
where the sex offender attends, or plans to attend, an institution of higher learning;
and to the Federal Bureau of Investigation. A sex offender who knowingly violates
this provision shall be punished by imprisonment for not more than 1 year in a
house of correction nor more than 5 years in state prison or by a fine of not
more than $1,000, or by both such fine and imprisonment."
Floor Number: 700 Clerk Number: 735
CHANGING THE RACING DAYS REQUIREMENT FOR SUFFOLK DOWNS FOR THE PURPOSE OF SIMULCASTING
Mr. Morrissey moves to amend the bill after section 353 by inserting at the end thereof the following new sections:-
SECTION ___ . Section 2 of Chapter 128C in the General Laws, as appearing in the 2002 Official Edition, as most recently amended by Chapter 139 of the Acts of 2001, in lines 155 to lines 163 by striking out the words:-
"with the exception of the harness horse racing licensee in Norfolk county, in each of those racing seasons is licensed to and actually conducts not less than a total of 150 racing performances taking place on at least 150 racing days; and provided, further, that the harness horse racing licensee in Norfolk county may simulcast live races in any racing season provided that it conducts at least 1,100 live harness horse races over the course of no fewer than 100 calendar days during that racing season with no fewer than 7 races completed on any of those 100 calendar days."
and inserting in place thereof the following: -
"with the exception of the running horse racing meeting
licensee in Suffolk county and the harness horse racing licensee in Norfolk
county, in each of those racing seasons is licensed to and actually conducts
not less than a total of 150 racing performances taking place on at least 150
racing days; and provided, further, that the running horse racing meeting licensee
in Suffolk county and the harness horse racing licensee in Norfolk county may
simulcast live races in any racing season provided that each racing meeting
licensee conducts at least 1,100 live horse races over the course of no fewer
than 100 calendar days during that racing season with no fewer than 7 races
completed on any of those 100 calendar days."