FY05 Budget - Amendments 51-100

Budget Home	Massachusetts State Senate	Amendment Home
Amendments [1-50] [51-100] [101-150] [151-200] [201-250] [251-300] [301-350] [351-400] [401-450] [451-500] [501-550] [551-600] [601-650] [651-700] [701-751] [751-793]

Floor Number: 51 Redraft Clerk Number: 74

RELATIVE TO MOTOR VEHICLE TRAFFIC SAFETY AT BRIDGEWATER STATE COLLEGE.

Mr. Pacheco of Taunton moves to amend the bill by inserting, after Section_____ the following new section:-

"SECTION _____. Section 1. Section 1 of chapter 90C of the General Laws as appearing in the 1994 Official Edition, is herby amended by striking out the definition of "Police chief" and inserting in place thereof the following definition:

"Police Chief," the chief or the head of the organized police department of a city or town, the commissioner of public safety, the colonel of state police, the state superintendent of buildings, the chairman of the Massachusetts Turnpike Authority, such persons as the trustees of the University of Massachusetts shall appoint as chief of the police officers appointed under section thirty-two A of chapter seventy-five, such person as the board of trustees of Bridgewater State College shall appoint as chief of the police officers appointed under section twenty-two of chapter fifteen A, such persons as the commissioner of mental health may designate at each institution of the department of mental health, or as the commissioner of mental retardation as chief of the special police officers thereat appointed under section fifty-nine of chapter twenty-two C or the chief of the Massachusetts Bay Transportation Authority police department."

Section 2. Said Section 1 of said chapter 90C, as so appearing, is hereby further amended by striking out the definition of "Police officer" and inserting in place thereof the following definition:
"Police Officer," any officer, other than an investigator or examiner of the transportation division of the department of telecommunications and energy, authorized to make arrests or serve criminal process, any person appointed by the registrar under section twenty-nine of chapter ninety, any person appointed by the trustees of the University of Massachusetts under section thirty-two A of chapter seventy-five, any person appointed by the board of trustees of Bridgewater State College as police officers under section twenty-two of chapter fifteen A and any person appointed by the colonel of state police under section fifty-nine of chapter twenty-two C.

Floor Number: 52 Clerk Number: 108

FEASABILITY STUDY

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

Floor Number: 53 Clerk Number: 428

SNOW PLOWING EQUIPMENT

Mr. Panagiotakos moves to amend the bill by adding at the end thereof the following new section: -
SECTION_____. Chapter 90 of the General Laws is hereby amended by inserting after section 19J the following section:-
Section 19K. For the purposes of this section, the term "hitching mechanism" shall be defined as the lift cylinder and the lift arm. Nothing in this section shall apply to state, county or municipally owned or operated vehicles. Between May 15 and October 15 of each year, any vehicle with a gross weight of less than 26,000 pounds which is equipped with a plow shall be required to have removed the plow and hitching mechanism used with the plow. Vehicles equipped with an apparatus that allows the hitching mechanism to be folded flat leaving no protruding surfaces, shall only be required to have the plow itself removed, provided that the hitching mechanism is in the folded flat position while the vehicle is in operation. If snowfall occurs prior to October 25 or after May 15 vehicles subject to this act may be re-equipped with the plow and any apparatus necessary for clearing snow. Vehicles will be required to abide by the provisions of this section within 72 hours of the conclusion of snowfall.
Any individual found operating a motor vehicle in violation of this section shall be issued a warning for the first offense, shall be fined $250 for the second offense and $500 and revocation of the vehicle's registration for the third offense. The revocation of a vehicle's registration due to a third offense shall remain in effect until such time as the vehicle is in compliance with this section. This section shall not apply to hitching mechanisms which are permanently affixed through welding or other means, prior to the effective date if this section. However, it shall be unlawful, and punishable by the same fines and revocations aforementioned, for any person to permanently affix through welding or other means a hitching mechanism governed under this section after the effective date of this section.
The registry of motor vehicles shall, within 180 calendar days of the passage of this act, develop a list of makes and models of hitching mechanisms that fold flat leaving no protruding surfaces. The registry of motor vehicles shall promulgate and implement regulations governing a system of verification whereby the registry of motor vehicles can ensure a motor vehicle's compliance with this section following a third offense.

Floor Number: 54 Clerk Number: 599

RELATIVE TO DRIVERS EDUCATION

Mr. McGee and Mr. Barrios move to amend the bill by inserting after section 362 the following section:
"Section ___ To increase further a sense of responsibility on the part of inexperienced drivers and to increase the safety of all legitimate users of the roadway system---motorists, pedestrians, the disabled, bicyclists, and motorcyclists----the Registry of Motor Vehicles is hereby directed to undertake a study of their policies, programs, curricula, testing materials and publications to ensure that education requirements encompass the safety of all roadway users and such efforts to promote safety are integrated across all such policies, programs curricula testing materials and publications.
The Registrar shall convene a study commission by September 1, 2004 whose membership shall include:
1. The Registrar or her designee who shall serve as chair and as a non-voting member;
2. A representative of the Governor's Highway Safety Bureau Appointed by the Sec. of Public Safety;
3. One of three persons recommended by the Mass. Bicycle Coalition and appointed by the Sec. of Public Safety;
4. One of three persons recommended by Walk Boston and appointed by the Sec. of Public Safety;
5. A representative of the insurance industry appointed by the Registrar;
6. One of three persons recommended by the motorcycle interests and appointed by the Sec. of Public Safety;
7. The chairs of the House and Senate Committees on Public Safety or their designees;
8. A representative of the driver education industry appointed by the Registrar.
The Study Commission shall report to the Registrar and the Secretary of Public Safety their recommendations before Jan 31, 2005 and such recommendations shall be incorporated into the practices, procedures and policies of the Registry of Motor Vehicles by June 30, 2005.

Floor Number: 55 Clerk Number: 633

DRIVERS ED AMENDMENT

Ms. Resor and Mr. Melconian move to amend the bill (S 2400) by inserting at the end thereof the following new section:-
"SECTION___. Not withstanding any general or special law to the contrary, to increase further a sense of responsibility on the part of inexperienced drivers and to increase the safety of all legitimate users of the roadway system---motorists, pedestrians, the disabled, bicyclists, and motorcyclists---the Registry of Motor Vehicles is hereby directed to undertake a study of their policies, programs, curricula, testing materials and publications to ensure that education requirements encompass the safety of all roadway users and such efforts to promote safety are integrated across all such policies, programs curricula testing materials and publications. The Registrar shall convene a Study Commission by September1, 2004 whose membership shall include:

The Registrar or her designee who shall serve as chair and as a non-voting member;
A representative of the Governor's Highway Safety Bureau appointed by the Secretary of Public Safety; One of three persons recommended by the Massachusetts Bicycle Coalition and appointed by the Secretary of Public Safety; One of three persons recommended by Walk Boston and appointed by the Secretary of Public Safety; A representative of the insurance industry appointed by the Registrar; One of three persons recommended by the motorcycle interests and appointed by the Secretary of Public Safety; The chairs of the House ands Senate Committees on Public Safety or their designees; A representative of the driver education industry appointed by the Registrar.

The Study Commission shall report to the Registrar and the Secretary of Public Safety their recommendations before January 31, 2005 and such recommendations shall be incorporated into the practices, procedures and policies of the Registry of Motor Vehicles by June 30, 2005.

Floor Number: 56 Clerk Number: 637

SEAT BELTS

Messrs. Lees, Montigny, Havern, Moore and Mrs. Sprague move to amend the bill by inserting, after Section ______, the following new Section:-
"SECTION ______. Section 13A of chapter 90 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking the seventh paragraph beginning on line 23 and inserting in place there of the following:
Any person who operates a motor vehicle without a safety belt, and any person sixteen years of age or over who rides as a passenger in a motor vehicle without wearing a safety belt in violation of this section, shall be subject to a fine of twenty-five dollars. Any operator of a motor vehicle shall be subject to an additional fine of twenty-five dollars for each person under the age of sixteen and not younger than twelve who is a passenger in said motor vehicle and not wearing a safety belt. The provisions of this section shall be enforced by law enforcement agencies when an operator of a motor vehicle or passenger who rides in the front seat is not wearing a safety belt in violation of motor vehicle laws. A police officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of this section

Floor Number: 57 Clerk Number: 193

JUVENILE RESOURCE CENTER

Mr. Nuciforo moves that the bill be amended in section 2 by inserting after item 8910-7101 the following item:
"8910-7902. For the operation of the Berkshire County Juvenile Resource Center operated by the sheriff of the former Berkshire County in the city of Pittsfield … $535,000".

Floor Number: 58 Clerk Number: 117

ESSEX COUNTY SHERIFF'S DEPARTMENT

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

Floor Number: 59 Clerk Number: 166

FRANKLIN SHERIFF

Mr. Rosenberg moves to amend the bill, in section 2, in item 8910-0188, by striking out the figure "$1,200,000" and inserting in place thereof the following figure:- "$1,300,000; by striking out the figure "$400,000" and inserting in place thereof the following figure:- "$300,000; by striking out the figure "100,000" and inserting in place thereof the following figure:- "$75,000"; and by striking out the figure "$1,200,000" and inserting in place thereof the following figure:- "$1,300,000."

Floor Number: 60 Clerk Number: 174

RELATIVE TO THE FRANKLIN SHERIFF'S DEPARTMENT

Mr. Rosenberg moves to amend the bill by inserting, after Section ___, the following new Section:-
"SECTION ___. Section 115 of Chapter 46 of the Acts of 2003 is hereby amended by adding, in every instance, after the words "Essex County", the words "and Franklin County" and by adding at the end of the last paragraph, "Any eligible employees of the Franklin Sheriff's Office must file their application with the board within 90 days of the effective date of this act."

Floor Number: 61 Clerk Number: 98

HAMPDEN SHERIFF

Messrs. Lees and Knapik and Ms. Melconian move to amend the bill, in section 2, in item 8910-1000, by striking out the figure "$600,000" in each instance and inserting in place thereof the figure "$700,000"

Floor Number: 62 Clerk Number: 93

SPRINGFIELD ROUTE 20A

Mr. Lees moves to amend the bill, in section 2, in item 6010-0001, by inserting the following wording:-
"provided further, that funds shall be expended to mill and pave Route 20A in the city of Springfield and that said milling and paving shall be completed by June 30, 2005

Floor Number: 63 Clerk Number: 122

MOTORIST AID SYSTEM

Mr. Baddour moves that the bill be amended in section 2, in item 6010-0001, by adding the following language at the end thereof: -
"; provided further, that the department shall maintain the motorist emergency call system installed on I-91, I-93, I-95, I-195 and I-495, in an operational condition for use in emergencies by the public."

Floor Number: 64 Clerk Number: 138

SOUND BARRIERS

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

Floor Number: 65 Clerk Number: 218

ROAD IMPROVEMENTS ON ROUTE 7 AND MONUMENT VALLEY ROAD

Mr. Nuciforo moves to amend the bill, in section 2, in line item 6010-0001, by inserting after the words "December 31, 2004;", the following:- "provided further, that funds shall be expended to Berkshire Hills Regional School District for the construction of a traffic signal and necessary road improvements at the intersection of Monument Valley Road and Route 7 in the Town of Great Barrington ;"

FLOOR NUMBER: 66 CLERK NUMBER: 291

RT. 60 CLOSURE

Mr. Havern moves to amend the bill in section 2, in line item 6010-0001, by adding the following at the end thereof:-

"Provided further that the Massachusetts Highway Department is directed to close route 60 between state highway route 2 in the town of Arlington and Winthrop Circle, so-called, in the city of Medford to commercial traffic between the hours of 12 P.M. and 6 A.M. effective September 1, 2004, unless the Massachusetts Highway Department declares it a public necessity that said roadway should be open to commercial traffic."

FLOOR NUMBER: 67 CLERK NUMBER: 295

SOUND BARRIERS

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

Floor Number: 68 Clerk Number: 333

GREENDALE TRAFFIC LIGHT

Mrs. Chandler moves to amend the bill, in section 2, in item 6010-0001, by inserting at the end the following wording:-
"; provided further, that not less than $100,000 shall be expended for traffic signalization at the site of the Greedale Fire Station on Route 12 in the City of Worcester".

Floor Number: 69 Clerk Number: 350

NOISE STUDY

Mrs. Chandler and Ms. Resor move to amend the bill, in section 2, in item 6010-0001, by inserting at the end the following wording:-
"; provided further, that not less than $10,000 shall be expended to conduct a noise study along Route 290 in the Town of Northborough".

Floor Number: 70 Clerk Number: 438

Withdrawn

Floor Number: 71 Clerk Number: 553

MASSHIGHWAY

Messrs. Lees, Tisei, Hedlund and Knapik and Mrs. Sprague move that the bill be amended in section 2, by striking out items 6010-0001 and 6010-0002 inserting in place there of the following:-

"6010-0001 For personnel costs of the department of highways, for certain administrative and engineering expenses and equipment of the highways commission, the office of the commissioner of highways, the division of administrative services, highway engineering, highway maintenance, highway construction, the outdoor advertising board, district and other highway activity offices, materials, supplies, fleet maintenance and equipment, general maintenance and equipment and the maintenance and operation of state highways and bridges; provided further, that notwithstanding any general or special law to the contrary, the department may expend from capital authorizations amounts necessary to cover operational costs of the department in excess of amounts appropriated in this item to ensure that adequate staffing levels are maintained to support the services and programs offered by the department……………………………34,659,128"

Floor Number: 72 Clerk Number: 237

DEPARTMENT OF CONSERVATION & RECREATION PARKWAYS

Ms. Walsh, Resor, Creem and Mr. Tisei move to amend the bill in Section 146 by adding the following words: -
"provided, that said construction, maintenance, repair, operation, and incidental matters shall be limited curb to curb and shall not extend into median strips, traffic islands, or adjacent parklands; provided further, that the costs of capital improvements of the bridges, parkways, boulevards, and related appurtenances and equipment shall be included in the executive office of transportation's share of the annual state general obligation bond spending cap; provided further, that the executive office of transportation and the department of conservation and recreation shall prepare management plans for all bridges, parkways, and boulevards under the control of the department of conservation and recreation, subject to the approval of the stewardship council, pursuant to sections 2 and 2F of chapter 21 of the General Laws; provided further, that the department of conservation and recreation shall complete its application with the Massachusetts Historic Commission to place the former Metropolitan Park System on the National Register of Historic Places, pursuant to section 605 of chapter 26 of the acts of 2003; provided further, that no project, other than normal maintenance or emergency repair necessary for the protection of public health and safety, may be undertaken without the approval of the commissioner of the department of conservation and recreation; and, provided further, the commissioner of the department of conservation and recreation shall have the authority to terminate any agreement at any time for failure to preserve and protect the scenic and historic integrity of such bridges, parkways, and boulevards."

Floor Number: 73 Clerk Number: 235

DEPARTMENT OF CONSERVATION AND RECREATION PARKWAYS II

Ms. Walsh, Resor, Creem, and Mr. Tisei move to amend the bill by striking out Section 262 and inserting, after Section 261, the following new Section: -
SECTION 262. Notwithstanding any general or special law to the contrary, the department of highways, and the department of conservation and recreation shall enter into an agreement concerning the construction, maintenance, repair, and operation of the roadways and boulevards under the control of the department of conservation and recreation; provided, however, that such roadways and boulevards shall remain under the control of the department of conservation and recreation, provided, that such construction, maintenance, repair, operation, and incidental matters shall be limited curb to curb and shall not extend into median strips, traffic islands, or adjacent parklands; provided further, that no project, other than normal maintenance or emergency repair necessary for the protection of public health and safety, may be undertaken without the approval of the commissioner of the department of conservation and recreation; and, provided further, the commissioner of the department of conservation and recreation shall have the authority to terminate said agreement at any time for failure to preserve and protect the scenic and historic integrity of such bridges, parkways, and boulevards. The executive office of transportation shall also examine and pursue appropriate actions for increasing federal aid for projects related to roadways and boulevards under the control of the department of conservation and recreation, in consultation with the department of conservation and recreation; provided further, that the costs of capital improvements of the bridges, parkways, boulevards, and related appurtenances and equipment shall be included in the executive office of transportation's share of the annual state general obligation bond spending cap. The secretary of the executive office of transportation and the director of the department of conservation and recreation shall report to the house and senate committees on ways and means, the joint committee on natural resources and the joint committee on transportation no later than March 1, 2005, which shall include a 5 year plan related to the maintenance, repair, and operation of the roadways and boulevards under the control of the department of conservation and recreation and shall detail measures undertaken to preserve and protect the scenic and historic integrity of such roadways and boulevards; provided further, that the executive office of transportation and the department of conservation and recreation shall prepare management plans for all bridges, parkways, and boulevards under the control of the department of conservation and recreation, subject to the approval of the Stewardship Council, pursuant to sections 2 and 2F of chapter 21 of the General Laws; provided further, that the department of conservation and recreation shall complete its application with the Massachusetts Historic Commission to place the former Metropolitan Park System on the National Register of Historic Places, pursuant to section 605 of chapter 26 of the acts of 2003.

FLOOR NUMBER: 74 CLERK NUMBER: 499

ROADWAY SAVINGS AND IMPROVEMENT II

Mr. Pacheco of Taunton moves to amend the bill by striking out Section 262 and inserting in place thereof a new Section 262:-
"SECTION 262. The department of highways, and the department of conservation and recreation shall enter into an agreement concerning the construction, maintenance, repair, and operation of the roadways and boulevards under the control of the department of conservation and recreation; provided, however, that such roadways and boulevards shall remain under the control of the department of conservation and recreation. The executive office of transportation shall also examine and pursue appropriate actions for increasing federal aid for projects related to roadways and boulevards under the control of the department of conservation and recreation, in consultation with the department of conservation and recreation. The secretary of the executive office of transportation and the director of the department of conservation and recreation shall report to the house and senate committees on ways and means, the joint committee on natural resources and the joint committee on transportation no later than March 1, 2005, which shall include a 5 year plan related to the maintenance, repair, and operation of the roadways and boulevards under the control of the department of conservation and recreation and shall detail measures undertaken to preserve and protect the scenic and historic integrity of such roadways and boulevards.; provided further however that nothing in this section shall supersede or negate the provisions of Massachusetts General Laws Chapter 7 Sections 52 thru 55."

Floor Number: 75 Clerk Number: 529

PROTECTING DCR WORKERS

Mr. Barrios moves to amend the bill (S. 2400), in Outside Section 262, by inserting after the first sentence the following:-
"Said agreement shall make provisions for the employees of the Department of
Conservation and Recreation to continue to construct, maintain, repair and operate the roadways and boulevards owned by the Department of Conservation and Recreation. In the event that said employees are transferred from the Department of Conservation and Recreation to the Department of Highways, such transfer shall be subject to the following:
(1) The employees of the transferor agency, including those who immediately before the effective date of this act hold permanent appointment in positions classified under chapter 31of the General Laws or have tenure in their positions as provided by section 9A of chapter 30 of the General Laws or do not hold such tenure, or hold confidential positions, are hereby transferred to the transferee agency, without interruption of service within the meaning of said section 9A of said chapter 31, without impairment of seniority, retirement or other rights of the employee, and without reduction in compensation or salary grade, notwithstanding any change in title or duties resulting from such reorganization, and without loss of accrued rights to holidays, sick leave, vacation and benefits, and without change in union representation or certified collective bargaining unit as certified by the state labor relations commission or in local union representation or affiliation. Any collective bargaining agreement in effect immediately before the transfer date shall continue in effect and the terms and conditions of employment therein shall continue as if the employees had not been so transferred. The reorganization shall not impair the civil service status of any such reassigned employee who immediately before the effective date of this act either holds a permanent appointment in a position classified under chapter 31 of the General Laws or has tenure in a position by reason of section 9A of chapter 30 of the General Laws.
(2) Notwithstanding any general or special law to the contrary, all such employees shall continue to retain their right to collectively bargain pursuant to chapter 150E of the General Laws and shall be considered employees for the purposes of said chapter 150E.
(3) Nothing in this section shall be construed to confer upon any employee any right not held immediately before the date of said transfer, or to prohibit any reduction of salary grade, transfer, reassignment, suspension discharge layoff or abolition of position not prohibited before such date.
(4) All petitions, requests, investigations and other proceedings appropriately and duly brought before each transferor agency or duly begun by each transferor agency and pending before it before the effective date of this act, shall continue unabated and remain in force, but shall be assumed and completed by the respective transferee agency.
(5) All orders, rules and regulations duly made and all approvals duly granted by each transferor agency, which are in force immediately before the effective date of this act, shall continue in force and shall thereafter be enforced, until superseded, revised, rescinded or canceled, in accordance with law, by the respective transferee agency."

Floor Number: 76 Clerk Number: 767

TRANSPORTATION REFORM REFINEMENT 2 - DCR ROAD

Mr. Baddour moves to amend the bill in Section 262 by inserting after the words "The executive office of transportation shall also examine and pursue appropriate actions for increasing federal aid for projects related to roadways and boulevards under the control of the department of conservation and recreation" the following language: -

" as well as transportation enhancement projects, including investments in pedestrian, bicycle and trailways infrastructure and safety"

FLOOR NUMBER: 77 CLERK NUMBER: 478

HIGHWAY SAVINGS AND IMPROVEMENT

Mr. Pacheco of Taunton moves to amend the bill by striking out Section 264 and inserting in place thereof a new Section 264:-

"SECTION 264. The executive office of transportation, the Massachusetts Turnpike Authority and the department of highways shall identify instances in which the authority or the department can achieve costs savings and improved performance and service by eliminating or consolidating duplicative functions, sharing or coordinating resources, equipment, facilities, expertise, personnel and procurement. The Massachusetts highway department shall enter into an agreement or agreements with the authority in order to achieve efficiencies, realize cost savings, eliminate duplication, and provide enhanced value to the commonwealth. The executive office of transportation shall submit a report to the joint committee on transportation and the house and senate committees on ways and means on or before March 1, 2005, detailing any and all cost savings to the commonwealth resulting from any agreements concluded pursuant to this section or estimated to result from any proposed agreement to share employees, equipment and operational activities and functions in order to achieve efficiencies, improved performance or services and cost savings, including recommendations to establish a permanent and potentially expanded process for the transfer or consolidation of certain responsibilities for interstate highway systems in the commonwealth from the highway department to the authority beginning December 31, 2005; provided further however, that nothing in this section shall supersede or negate the provisions of Massachusetts General Laws Chapter 7, Sections 52 thru 55."

Floor Number: 78 Clerk Number: 522

Withrawn

Floor Number: 79 Clerk Number: 76

RELATIVE TO ENGINEERING SERVICES

Mr. Pacheco of Taunton moves to amend the bill by inserting, after Section_____, the

following new Section:-

"SECTION _____. Any and all engineering services outsourced by the Massachusetts Highway Department shall be subject to Chapter 7 section 54 of the Massachusetts General Laws. Engineering services shall include but not be limited to survey, deign, materials inspection, bridge inspection, and/or construction inspection. "

Floor Number: 80 Clerk Number: 255

RELATIVE TO OUTDOOR ADVERTISING

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, the state highway commissioner, or the designated state agency or governmental body that has jurisdiction over billboards and other outdoor advertising, is hereby directed to grant a permit to the property at 17 MacArthur Street in Somerville for the erection of a new billboard, as previously approved by the City of Somerville and authorized to be grandfathered in to the local zoning ordinances. This section shall take effect on July 1, 2004."

FLOOR NUMBER: 817

SOUND BARRIERS 2

Mr. Havern, Ms. Fargo, Mr. Kaufman and Mr. Greene move to amend the bill by adding the following section at the end thereof: -

"SECTION________. Provided further that all monies collected by the Massachusetts Highway Department in the form of contractors fines for nonperformance or late performance on the so called Route 3 North project shall be expended to construct sound barriers in the town of Billerica and Lexington as follows: in the town of Billerica on the northerly side of Route 3 from a point 500 yards south of the Eliot Street bridge and extending 700 yards north of the Eliot Street bridge on the northerly side of Route 3; provided, further, that said barriers in the town of Lexington shall be constructed from the off-ramp from Route 3 accessing Route 128 south and extending to the Grove Street Bridge; provided, further, that funds shall be expended for the construction of sound barriers in the town of Chelmsford as follows: designated Area Number 21, Waterford Place in Chelmsford, designated Area 1, Ledgewood/Lido Land in Bedford, as defined by HMMH Report Number 298280 as prepared for said document."

FLOOR NUMBER: 82 CLERK NUMBER: 300

SPY POND

Mr. Havern moves to amend the bill by adding the following section at the end thereof: - "SECTION____. Provided further that the Massachusetts Highway Department allow the town of Arlington access to the land between route 2 and Spy Pond for the purposes of establishing a pumping station at Spy Pond."

Floor Number: 83 Clerk Number: 696

ROUTE 20 WEST MARLBOROUGH

Ms. Resor moves to amend the bill (S. 2400) by inserting after section 362, the following new section:-

SECTION 363 . Notwithstanding any general or special law to the contrary. Massachusetts Highway Department is required to expend no less than $500,000 to support a curb cut and construction of a queuing lane on western side of Route 20 heading eastbound in Marlborough near the Marlborough/Northborough line in close proximity to the Best Western Royal Plaza Hotel.

Floor Number: 84 Clerk Number: 700

RELATIVE TO TOLL RELIEF

Ms. Resor moves to amend the bill (S. 2400) by inserting after section 13, the following new section:-
"SECTION 13A. Chapter 81A of the General Laws is hereby amended by striking out Section 26, and inserting in place thereof the following section:-
SECTION 26. The Executive Office of Transportation shall oversee the transfer of the turnpike to the highway department and it shall be operated and maintained by the highway department free of tolls on or before January 1, 2005. The transfer of the turnpike under this section shall be effectuated by 1 or more agreements between the authority, the executive office of transportation and construction and the highway department. The agreement shall provide, but not be limited to, that all funds held in reserve by the authority shall be applied for payment of all notes and bonds and interest thereon, to the maturity thereof, issued by the authority relating to the turnpike and payable from turnpike revenues and for the sale of turnpike assets for the payments of such bonds or notes in excess of turnpike reserves. The authority on or before July 21, 2004, shall analyze, study and valuate the costs and actuarial liabilities attributable to the offering of an early retirement incentive program to employees of the authority and shall make a recommendation to the chairmen of the senate and house committees on ways and means.

In addition, EOTC shall be required to develop a plan to dispose of Turnpike assets that includes the current market values of such assets and takes into account the need to promote economic development, preservation of open space, increased access to health care and housing for residents of the commonwealth.

FLOOR NUMBER: 85 CLERK NUMBER: 713

INCREASING DIG SAFE FINES

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

SECTION ____. Section 40E of chapter 82 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out in line 2 the words "five hundred" and inserting in place thereof the following words: - "one thousand";

Said section is further amended by striking out in line 3 the words "one thousand" and inserting in place thereof the following words: - "five thousand";

Said section is further amended by striking out in line 3 the words "five thousand" and inserting in place thereof the following words: - "ten thousand".

Floor Number: 86 Clerk Number: 731

CHANGING THE COMPOSITION OF THE MASSACHUSETTS AERONAUTICAL COMMISSION

Mr. Morrissey and Mr. Moore move to amend the bill by striking out section 5 in its entirety and inserting in place thereof the following new section:-

SECTION 5. Chapter 6 of the General laws, as appearing in the 2002 Official Edition, is hereby amended by striking out Section 57 and inserting in place thereof the following new section: -

Section 57. There shall be a commission to be known as the Massachusetts Aeronautics Commission, consisting of five members to be appointed by the governor, no more than three of whom shall, at any one time be members of the same political party. As of December 31, 2005 the secretary of the executive office of transportation will serve as chairperson of the commission. Upon expiration of the term of office of a member of the commission, his successor shall be appointed for a term coterminous with that of the governor. Each member of the commission shall serve as a commissioner without pay. The commission shall be provided with suitable offices at the General Edward Lawrence Logan Airport and elsewhere within the commonwealth as the commission may determine.
The commission may, subject to appropriation, incur such expenses as may be necessary to administer and enforce sections 35 to 52, inclusive, of chapter 90 and the laws of the commonwealth relating to aeronautics.
The commission may pay a proper charge for effecting insurance for the indemnification and protection of a pilot of the aircraft under its custody, care and control, for expenses or damages incurred by him in the defense or settlement of claims against him for bodily injuries, death, acting within the scope of his official duties or employment.

Floor Number: 87 Clerk Number: 239

MBTA HEALTH INSURANCE

Ms. Walsh and Mr. Baddour move to amend the bill, in section 2, in item 1108-5200, by striking out the words "and provided, that notwithstanding this item or any general or special law to the contrary, the authority's share of the premiums for employees of the Massachusetts Bay Transportation Authority, to whom a collective bargaining agreement in force on July 1, 2002, other than because of a rollover, applies, shall be as provided in that agreement until that agreement expires but not including any rollover period" and inserting in place thereof the following words: - "provided further, that notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority's percentage share of premiums for group, general or blanket hospital, medical, dental or other health insurance, either by purchase of a policy or policies from one or more insurance companies, or nonprofit hospital, medical, dental or other service corporations, including health maintenance organizations, or by means of a self insurance plan or preferred provider arrangement plan, shall be determined by the authority, or where collective bargaining is authorized through the process of collective bargaining; provided further, that the percentage share of premiums for employees of the authority to whom a collective bargaining agreement is in force, shall be the percentage share which was paid during the month that such collective bargaining agreement first went into effect and shall continue until such time as that agreement expires; and provided further, that the commission shall notify the house and senate committees on ways and means by March 15 of each year of the cost of the commonwealth's projected share of group insurance premiums for the next fiscal year."

Floor Number: 88 Clerk Number: 472

Withdrawn

Floor Number: 89 Clerk Number: 523

PAN MASSACHUSETTS CHALLENGE BIKE ROUTE

Mr. Antonioni moves that the bill be amended in section 2, in item 6000-0100 by inserting at the end thereof the following sentence:-
"The bicycle program office within the Executive Office of Transportation and Construction, in collaboration with the official sponsor of the event, state, regional and local agencies and cities and towns, shall accept the established bicycle route of the so-called Pan Massachusetts Challenge, and shall so designate and mark said bicycle route by means of signs bearing the official logo of the event."

Floor Number: 90 Clerk Number: 152

EXTENSION OF TURNPIKE AUTHORITY TRANSITION

Mr. Glodis moves to amend the bill in Section 127, Section 2, by striking the second sentence of the first paragraph and inserting in place thereof the following:- "One of the members shall be the secretary of the executive office of transportation, who shall serve as chairperson of the Authority effective July 1, 2007."

And, in Section 2, by striking the first sentence of the second paragraph and inserting in place thereof the following:- "The chairman of the authority whose term of office began prior to July 31, 2002 shall continue in office until June 30, 2007."

And, in Section 2, by inserting at the end thereof the following:- "The authority shall have to appoint and employ officers, including beginning July 1, 2007, an executive director, and to fix their compensation and conditions of employment."

And to amend the bill in Section 13, in the third paragraph, by striking the word "authorities"

And to amend the bill in Section 361 by striking the words "December 31, 2005" and inserting in place thereof the words "July 1, 2007".

Floor Number: 91 Clerk Number 759

EXTENSION OF TURNPIKE AUTHORITY TRANSITION TO 2007

Mr. Moore moves to amend the bill in Section 127, Section 2, by striking the second sentence of the first paragraph and inserting in place thereof the following:- "One of the members shall be the secretary of the executive office of transportation, who shall serve as chairperson of the Authority effective July 1, 2007."

And to amend the bill in Section 13, in the third paragraph, by striking the word "authorities"

And to amend the bill in Section 361 by striking the words "December 31, 2005" and inserting in place thereof the words "July 1, 2007".

Floor Number: 92 Clerk Number: 773

Transportation Reform Governance Refinement 2

Mr. Baddour moves to amend the bill, in section 127, by striking out the third paragraph, and inserting in place thereof the following new paragraph:-
The members of the authority who began in office prior to July 31, 2002 shall continue for the remainder of their respective terms. The members of the authority appointed after July 31, 2002 and before July 1, 2004 shall continue for the remainder of an initial term which shall be for 6 years, but all successive terms for such members shall be for a term of 5 years. The members of the authority appointed after July 1, 2004 shall be appointed for a term of 5 years; provided, however, that any person appointed to fill a vacancy shall serve only for the unexpired term.

Floor Number: 93 Clerk Number: 783

Transportation Reform Government Refinement - 3

Mr. Baddour moves to amend the bill in Section 13 by inserting in line 4 after the words "Section 19. The executive office of transportation shall serve as the principal agency of the executive department" the following new words: -

"responsible for preserving, developing and enhancing an integrated, multi-modal transportation system to support Massachusetts' economic well being, environment and quality of life. The executive office shall fulfill the following purposes with respect to all of the departments, agencies, commissions, offices, boards, divisions, authorities and other entities within the executive office"

Floor Number: 94 Clerk Number: 124

COMMERCIAL VEHICLE REGULATIONS STUDY

Mr. Baddour moves that the bill be amended by striking Section 142 in its entirety;
and inserting the following new section in place thereof: -
Section 142. Notwithstanding any general or special law to the contrary, the Executive Office of Public Safety, the Department of State Police, and the Registry of Motor Vehicles working in conjunction with the Massachusetts Motor Transportation Association, other relevant federal, state, and local agencies and governmental departments, including but not limited to the Federal Motor Carrier Safety Administration, is hereby required to report to the General Court the level of compliance with and enforcement of statutes and regulations governing the intrastate and interstate operation of commercial vehicles in the Commonwealth. Said report shall include, but not be limited to, consideration of the following: regulations of the United States Department of Transportation and Federal Motor Carrier Safety Administration, as contained in Title 49 of the code of Federal Regulations, relative to proof of financial responsibility, driver qualification files and forms, drug and alcohol testing records as applicable, records and supporting documentation of duty status, driver vehicle inspection reports and maintenance records, hazardous materials records as applicable, and an accident register and copies of all accident reports as required by the Commonwealth and/or insurers; sections 2, 3, 9, and 10 of chapter 90 of the general laws relative to licensing and registration; section 2B of chapter 85 and section 31 of chapter 90 of the general laws relating to the transportation of freight, passengers or hazardous materials; chapter 90F of the general laws relative to the operation of commercial vehicles; and any other relevant state statute pertaining to the operation of commercial motor vehicles in the Commonwealth. Said report must also include the effect of non-compliance of said statutes and regulations upon the Commonwealth's eligibility for federal grant monies by and through the Federal Motor Carrier Safety Administration. Said report, including any legislative recommendations, must be filed with the house and senate committees on ways and means no later than March 31, 2005.

Floor Number: 95 Clerk Number: 760

Transportation Reform Governance Refinements

Mr. Baddour moves to amend the bill, in section 218, by striking the following:-
", who shall serve as chairperson of the authority"

FLOOR NUMBER: 96 CLERK NUMBER: 125

AIRPORT SAVINGS AND IMPROVEMENT INITIATIVES

Mr. Pacheco of Taunton moves to amend the bill by striking out Section 261 and inserting in place thereof a new Section 261:-
"SECTION 261. The executive office of transportation shall promote administrative saving and improvement initiatives between the Massachusetts Port Authority and the Massachusetts Aeronautics Commission. These initiatives shall seek to reduce duplication and enhance coordination regarding airport access, planning, economic development and security. The secretary of the executive office of transportation shall report to the house and senate committees on ways and means and the joint committee on transportation the results of these initiatives no later than March 1, 2005, which shall include a list of the administrative savings adopted and the projected amount of savings or other improvements from such initiatives."

FLOOR NUMBER: 97 CLERK NUMBER: 404

AIRPORT SAVINGS AND IMPROVEMENT

FLOOR NUMBER: 98 CLERK NUMBER: 128

ROADWAY SAVINGS AND IMPROVEMENT INITIATIVES

FLOOR NUMBER: 99 CLERK NUMBER: 129

TRANSIT SAVINGS AND IMPROVEMENT INITIATIVES

Mr. Pacheco of Taunton moves to amend the bill by striking out Section 263 and inserting in place thereof a new Section 263:-
"SECTION 263. The executive office of transportation shall promote administrative saving and improvement initiatives among the Massachusetts Bay Transportation Authority and any regional transportation authorities established under chapter 161B. These initiatives shall seek to promote the sharing of resources as appropriate and to enhance statewide transit service, construction, repair, maintenance, capital improvement, security, coordination, financing and planning. The executive office of transportation shall study the issue of tort liability among the regional transportation authorities established under chapter 161B. The executive office of transportation shall also examine and pursue appropriate models for increasing federal aid for transit projects in the commonwealth. The secretary of the executive office of transportation shall report to the house and senate committees on ways and means and the joint committee on transportation the results of these initiatives no later than March 1, 2005, which shall include a list of the administrative savings adopted and the projected amount of savings or other improvements from such initiatives."

FLOOR NUMBER: 100 CLERK NUMBER: 508

TRANSIT SAVINGS AND IMPROVEMENT II