FY05 Budget - Amendments 351-400

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Floor Number: 351 Clerk Number: 504

CHANGES TO MAILING DATES AND PAYABLE DATES OF TAX BILLS

Ms. Fargo moves to amend the bill by inserting, after Section__, the following new Section: -
"SECTION__. 57C of chapter 59 of the General Laws, as most recently amended by section 46 of chapter 46 of the Acts of 2003, is hereby amended by inserting in the first paragraph, after the second sentence, the following new sentences:- The preliminary tax shall in no event exceed fifty percent of one hundred and two and one-half percent of the tax payable during the preceding fiscal year and of the amount by which such tax would have increased if any referendum question submitted to the voters under the provisions of paragraph (g), (i1/2), (j) or (k) of section twenty-one C and approved for the fiscal year had been approved for the preceding fiscal year. In the case of cities and towns with semi-annual tax payments, the preliminary tax shall be due and payable in 1 installments, due on October 1, after which dates, if unpaid, they shall become delinquent and subject to interest as provided herein.

Floor Number: 352 Clerk Number: 512

PROMOTING HOUSING OPPORTUNITIES

Mr. Barrios, Ms. Tucker, Ms. Fargo, Ms. Wilkerson, Mr. Hedlund, Mr. Tolman, Mr. O'Leary, Mr. Tarr, Ms. Fargo, Mr. Tisei and Ms. Creem move to amend the bill (S. 2400) by inserting after section 113 the following 2 sections:-
"SECTION 113A. Section 6I of chapter 62 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 53, the word "five" and inserting in place thereof the following figure:- 10.
SECTION 113B. Said section 6I of said chapter 62, as so appearing, is hereby further amended by striking out, in line 54, the figure "2005" and inserting in place thereof the following figure:- 2010," and further moves to amend by inserting after section 114 the following 2 sections:-
"SECTION 114A. Section 31H of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out, in line 55, the word "five" and inserting in place thereof the following figure:- 10.
SECTION 114B. Said section 31H of said chapter 63, as so appearing, is hereby further amended by striking out, in line 56, the figure "2005" and inserting in place thereof the following figure:- 2010."

Floor Number: 353 Clerk Number: 640

SENIORS' TAX EXEMPTION

Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Brown and Mrs. Sprague move to amend the bill by inserting, after Section ______, the following new Sections:-
"SECTION ___. Clause Forty-first of section 5 of chapter 59 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out subclause (B), beginning in line 763, and inserting in place thereof the following subclause:-
(B) that such person's income does not exceed that required to qualify under section 5 subsection (a) of chapter 62.
"SECTION ___. Said clause Forty-first is hereby further amended by striking out the words "five hundred dollars", in line 747, and inserting in place thereof the following figure:- $1,000."

Floor Number: 354 Clerk Number: 688

AGRICULTURAL TAX CLASSIFICATION

Ms. Resor and Mr. Brewer move to amend the bill (S. 2004), by inserting after section 113 the following new sections:-
"SECTION 113A. Section 2A of chapter 59 of the General Laws, is hereby amended by adding at the end of the definition of "Class two, open space" the following words:-- or land which is used for agricultural purposes.
SECTION 113B. Said section 2A of said chapter 59, as so appearing, is hereby further amended by striking out, line 43, the word "agricultural,".
SECTION 113C. Section 4 of chapter 61A of the General Laws, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:--
The rate of tax applicable to such agricultural and horticultural land shall be the rate determined to be applicable to class two, open space under chapter 59.
SECTION 113D. Section 13 of said chapter 61A, as so appearing, is hereby amended by striking out, in line 5, the word "four" and inserting in place thereof the following figure:--9.
SECTION 113E. Said section 13 of said chapter 61A, as so appearing, is hereby further amended by striking out, in line 20, the word "five" and inserting in place thereof the following figure:--10."

Floor Number: 355 Clerk Number: 777

Withdrawn

Floor Number: 356 Clerk Number: 677

REGARDING ADMINISTRATIVE APPEALS TO THE DEPARTMENT OF ENVIRONMENTAL PROTECTION

Mr. Magnani of Framingham and Mr. Knapik of Westfield move to amend the bill, in section 2, in item 1110-1000 by striking, at the end thereof, the following wording: - "and provided further, that administrative appeals of department of environmental protection decisions shall be filed directly with the division of administrative law appeals".

Floor Number: 357 Clerk Number: 667

IMPROVING PUBLIC RECORDS STORAGE

Mr. Berry of Peabody moves to amend the bill, in section 2, in line item 1100?1100, by inserting at the end thereof the following:-
"provided that, notwithstanding any general or special law or regulation to the contrary, the Secretary of Administration and Finance shall not later than October 31, 2004 issue a request for purchase through the competitive bidding process for the provision of public records storage for all state agencies within the jurisdiction of the governor in order to achieve cost savings, including, but not limited to those associated with greater efficiencies in the use and payment of records storage, reduction in private office lease costs for administrative personnel, and for more efficient and accessible use of public office space by displacing records with administrative personnel. Said secretary shall report not later than March 31, 2005 with a plan to improve public records storage and office space efficiencies to the joint committee on State Administration and to the House and Senate Committees on Ways and Means."

and further moves to amend the bill, in section 2, in line?item 0330?0300, by inserting at the end thereof the following:-
"provided that, notwithstanding any general or special law or regulation to the contrary. the Chief Justice of Administration and Management of the Trial Court shall not later than October 31, 2004 issue a request for purchase through the competitive bidding process for the provision of public records storage for all state agencies within the jurisdiction of the trial court in order to achieve cost savings, including; but not limited to those associated with greater efficiencies in the use and payment of records storage, reduction in private office lease costs for administrative personnel, and for more efficient and accessible use of public office space by displacing records with administrative personnel. Said Chief Justice shall report not later than March 31, 2005 with a plan to improve public records storage and office space efficiencies to the joint committee on State Administration and to the House and Senate Committees on Ways and Means."

and further moves to amend the bill by inserting, after Section362, the following new Section:-

SECTION____. Notwithstanding any general r special law or regulation to the contrary, the Secretary of Administration and Finance and the Chief Justice of Administration and Management of the Trial Court shall not later than October 31, 2004 issue a request for purchase through the competitive bidding process for the provision of public records storage for all state agencies within the jurisdiction of the governor and the trial court, respectively, in order to achieve cost savings, including, but not limited to those associated with greater efficiencies in the use and payment of records storage, reduction in private office lease costs for administrative personnel, and for more efficient and accessible use of public office space by displacing records with administrative personnel. Said secretary and chief justice shall individually report not later than March 31, 2005 with a plan to improve public records storage and office space efficiencies to the joint committee on State Administration and to the House and Senate Committees on Ways and Means."

Floor Number: 358 Clerk Number: 643

MA OFFICE OF DISPUTE RESOLUTION

Ms. Resor moves to amend the bill, in section 2, in item 1100-1103, by striking out the figure "$97,588" and inserting in place thereof the following figure:- "$98,305"

Floor Number: 359 Clerk Number: 67

SPECIAL COMMISSION ON ENFORCEMENT STATE BUILDING CODE

Mr. Moore moves to amend the bill by adding at the end thereof the following new Section:- SECTION________.

There is hereby established a commission consisting of the house and senate chairs of the committees on housing and urban development, public safety, one member of the minority from the house appointed by the minority leader of the house of representatives and one member of the minority party in the senate appointed by the minority leader of the senate, the commissioners of the departments of housing and urban development, and public safety, the administrator of the school building assistance bureau, the chairman of the state board of buildings regulations and standards, and the following persons, appointed by the governor, a representative of the building trades, a representative from the Boston society of architects, an individual representing licensed building inspectors and an individual representing general contractors.

Said commission shall make an investigation and study of the enforcement and application of the state building code where any state funds, grants, bonds or other sources of finance are involved in the construction, planning or design of a building which will have a municipal function or purpose. The commission shall focus its investigation on determining whether the state building code is being properly adhered to in such construction and design and whether any buildings are currently occupied in violation of the state building code and whether licensed building inspectors are properly certified in accordance with state law. Said commission shall report its findings, together with drafts of legislation, if any, necessary to implement such recommendations, by filing the same with the Clerks of the House of Representatives and the Senate. The committee shall file its final report on or before the last Wednesday in December 2004.

Floor Number: 360 Clerk Number: 507

SEX OFFENDER HOUSING NEAR PRISONS

Mr. Brown, Ms. Sprague and Ms. Fargo move to amend the bill by inserting, after Section _____, the following new Section:-
"SECTION ____. Notwithstanding the provisions of any special or General Laws to the contrary, contingent on local approval, no state agency of the commonwealth or other subdivision thereof, or any private company under agreement with any state agency of the Commonwealth or a subdivision thereof, shall house or provide funding for the housing of level two and three sex offenders, in a town with residency of 40,000 or less, or within 3 miles of said town, that has within its confines one or more houses of correction of any kind.

Floor Number: 361 Clerk Number: 95

TAX APPELLATE BOARD

Messrs. Lees, Tisei and Knapik move to amend the bill by inserting at the end thereof the following new section:-
"SECTION ___. Chapter 58A of the General Laws, as appearing in the 2000 official edition, is hereby amended by striking out section 5 in its entirety."

Floor Number: 362 Clerk Number: 557

MILTON PUBLIC LIBRARY

Mr. Joyce moves to amend the bill, in section 2, in line item 7000-9402 by inserting after the words "Worcester public library;" the following:- "provided further, that not less than $3,000,000 shall be expended for the renovation and expansion of the Milton Public Library.

Floor Number: 363 Clerk Number: 191

RELATIVE TO STATE LIBRARY AID

Ms. Creem moves to amend the bill, in Section 2, in item 7000-9501, by striking out the figure "$7,339,844" and inserting in place thereof the following figure:- "$8,539,844".

Floor Number: 364 Clerk Number: 723

HANDICAP ACCESIBILITY PROJECT FOR THE HOLBROOK PUBLIC LIBRARY

Mr. Morrissey moves to amend the bill, in section 2, by inserting after item 7000-9501 the following item:-

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

Floor Number: 365 Clerk Number: 92

SPRINGFIELD PUBLIC LIBRARY

Messrs. Lees and Knapik move to amend the bill by inserting at the end thereof the following new section:-
"SECTION ____. Section 19C of chapter 78 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after clause (4) the following clause:-
(4A) In addition to the sums provided in clause (3) the Springfield Public Library, as the library of last recourse for reference and research services for the western regions of the Commonwealth, shall be entitled to receive in state aide the sum of $1.06 for each resident of western Massachusetts; consisting of the counties of Hampden, Hampshire, Berkshire and Franklin."

Floor Number: 366 Clerk Number: 573

PERKINS SCHOOL FOR THE BLIND

Messrs. Tolman and Havern move to amend the bill by inserting, after Section 362, the following new Section:-
"SECTION 363. Section 4 of Chapter 113 of the acts of 1829 is hereby amended by striking the number twelve in the first sentence and inserting in its place the phrase "not more than twenty-four;" and by deleting the word "eight" in the last clause of the first sentence."

Floor Number: 367 Clerk Number: 278

MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION

Mr. Shannon moves to amend the bill, in section 2, in item 1150-5100, by striking out the wording and inserting in place thereof the following wording:-
"For the office of the commission, including the processing and resolution of cases pending before the commission that were filed on or before July 1, 2001; provided, that on or before November 1, 2004 the commission shall submit to the house and senate committees on ways and means a report on the total number of all currently pending cases and the total number of such cases in the investigation, conciliation, post-probable cause and pre-public hearing and post-hearing stages; provided further, that the commission shall file an update of the report with such committees on or before March 1, 2005; provided further, that the commission shall identify in such reports the number of cases in which the commission has determined there is probable cause to believe that a violation of chapter 151B of the General Laws has been committed in a case in which Massachusetts Bay Transportation Authority is named as a respondent; provided further, that the commission shall report to the house and senate committees on ways and means on or before November 1, 2004 the number of cases pending before the commission in which a state agency or state authority is named as a respondent, specifying those cases in which the Massachusetts Bay Transportation Authority is named as a respondent, and the number of such cases in which there is probable cause to believe that a violation of chapter 151B has been committed; provided further, that the commission shall include in such report the total number of new cases filed in fiscal year 2004 and the total number of cases closed by the commission in fiscal year 2004; provided further, that funds made available in this item shall be in addition to funds available in item 1150-5104; provided further, that all positions, except clerical, shall be exempt from chapter 31 of the General Laws; and provided further, that the commission shall pursue the highest allowable rate of federal reimbursement ."

Floor Number: 368 Clerk Number: 277

MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION

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

Floor Number: 369 Clerk Number: 276

MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION

Mr. Shannon moves to amend the bill by inserting, after Section ______, the following new Section:-
"SECTION ______. Section 3 of chapter 151B, as most recently amended by Section 437 of Chapter 26 of the Acts of 2003, is hereby amended by striking out the second sentence of paragraph 15, which states 'All amounts received under this clause shall be deposited to the General Fund.'"

Floor Number: 370 Clerk Number: 19

ESSEX COUNTY REGIONAL HOLDING FACILITY

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

Floor Number: 371 Clerk Number: 612

ROUTE 2 REST STOP IN HARVARD

Ms. Resor moves to amend the bill (S. 2400) in section 2, in line item 1102-3206 by inserting at the end thereof the following:-
"and, provided further, that the division of capital asset management and maintenance and the Massachusetts highway department shall close and secure the rest stop area on Route 2 west in the town of Harvard".

Floor Number: 372 Clerk Number: 378

FINANCIAL SUPPORT FOR CERTAIN RESPONSIBILITIES TO BE UNDERTAKEN BY THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE

Ms. Wilkerson moves to amend the bill in Section 2 by inserting after item 1102-3231 the following new items: --

"1102-3232 For implementation of a certification process for subcontractors pursuant to the provisions of section 44D of chapter 149…………………………………… 300,000"

"1102-3233 For the purposes of conducting a disparity study and analysis of government contracting activities to create opportunities for minority owned businesses and women owned businesses; provided that a report of the findings of said disparity study along with any recommendations relative thereto shall be submitted to the governor, the clerk of the senate, the clerk of the house of representatives, and to the house and senate chairmen of the joint committee on state administration……………………………………………………………… 500,000"

Floor Number: 373 Clerk Number: 384

FINANCIAL SUPPORT FOR CERTAIN RESPONSIBILITIES TO BE UNDERTAKEN BY THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE

Ms. Wilkerson moves to amend the bill in Section 2 by inserting after item 1102-3231 the following new items: --

"1102-3232 For implementation of a certification process for subcontractors pursuant to the provisions of section 44D of chapter 149…………………………………… 300,000"

Floor Number: 374 Clerk Number: 663

DCAMM LOCATION OF AGENCIES

Ms. Resor moves that the bill (S.2400) be amended by inserting at the end thereof the following section:
"SECTION___: Notwithstanding any general or special law to the contrary, the division of capital asset management and maintenance shall consult with the affected agencies to ensure that the new space allows the agencies to meet their missions and allows for the confidentiality of clients, before making determination to co-locate agencies."

Floor Number: 375 Clerk Number: 83

HEALTH INSURANCE FOR HUMAN SERVICE EMPLOYEES:

Mr. Tisei, Mr. Lees, Mr. Knapik, Mr. Tarr, Mr. Hedlund, Ms. Sprague, and Mr. Brown move that the bill be amended in section 2, in item 1108-5100, in line 5, by inserting after "General Laws" the following:- ", provided that the commission shall develop a report setting forth plan designs for plans established pursuant to chapter 32A, section 10F and appropriate administrative mechanisms for said plans, with the costs associated with both the benefits provided under said plans and administration, and shall file the report with the house and senate committees on ways and means no later than January 1, 2005. Not more then $100,000 shall be spent towards the development of said report."; and in said item by striking out the figures "1,984,318" and inserting in place thereof the figures "2,084,318".
The bill is further amended by adding at the end thereof the following new section(s):
"Section XXX. M.G.L. c. 32A, Section 2b, is amended effective January 1, 2005, by inserting after "United States" in line 2 the following: "and a person who is an employee of a vendor which provides human services and which is under contract with any agency within the executive office of health and human services"
M.G.L. c. 32A, Section 2c, is amended effective January 1, 2005, by inserting after "Massachusetts" in line 1 the following: "or employer of any employee, as defined in Subsection (b)."
M.G.L. Chapter 32A is amended effective January 1, 2005, by inserting, "Section 10F Insurance for employees of human service vendor employers
Section 10F. The commission shall negotiate with and purchase on such terms as it deems to be in the best interest of the commonwealth, the vendor employers covered under this section chapter, and the affected employees and their dependents, from one or more insurance companies or non-profit hospital, medical or other service corporations, a policy or policies of group general or blanket insurance providing hospital, surgical, medical, and other health insurance benefits for said agency employees and their dependents. Such policy or policies shall consist of a schedule of hospital, surgical, medical, dental and other health insurance benefits for agency employees and their dependents which shall be unrelated to the schedule of hospital, surgical, medical, dental and other health insurance benefits purchased by the commonwealth under the provisions of section four, or the schedule of hospital, surgical, medical, dental and other health insurance benefits purchased by counties, cities, towns and districts under the provisions of section three of chapter thirty-two B.
(a) With respect to any period of insurance which is in effect for the vendor employees and their dependents, the full cost of the insurance shall be borne by the vendor employer and the participating employee. The commonwealth will not be responsible for contributing to the cost of this insurance.
(b) The employee's per cent share of the premium shall be withheld by the appropriate employer from the employee's salary on a periodic basis, and shall be forwarded by the responsible official at each vendor employer to the commission in accordance with its rules and regulations.
(c) The commission shall determine at least annually, or sooner, the amount of premiums for each health plan which shall be reimbursed to the commonwealth by each contracting agency having employees insured under this section. The commission shall also determine, at least annually, the portion of the commission's expense of administering this hospital, surgical, medical, and other health insurance coverage for the employees of vendor employer for this coverage. After such determinations, the commission shall assess each agency an administrative charge equal to their pro rata share of the cost of administering this program.
(d) Any dividend or refund accepted by the commission from any insurance carrier as a result of the contract negotiated under this section shall be deposited by the commission with the state treasurer as provided in section nine. The commission shall determine the amount of dividend or refund apportionable to the various vendor employers having employees insured hereunder, and shall reduce the administrative expenses in section (c) attributable to each such vendor employer by the amount of refund attributable thereto.
(e) Each employee of a vendor employer to whom this chapter applies shall furnish the commission, in such form as it shall prescribe, such information as is necessary to insure himself or himself and his dependents under the hospital, surgical, medical, and other health insurance herein provided, and shall authorize the withholding of the appropriate premium from his salary by the appropriate vendor employer.
(f) Participation in the health insurance program described in this section is mandatory for vendors which contract to provide human service with the following departments of the Commonwealth: the Commission for the Deaf and Hard of Hearing, the Department of Mental Health , the Department of Mental Retardation, the Department of Social Services, the Department of Transitional Assistance, the Department of Youth Services, the Disabled Persons Protection Commission, the Division of Employment & Training, the Division of Medical Assistance, the Executive Office for Elder Affairs, the Executive Office of Health and Human Services, the Massachusetts Commission for the Blind, the Massachusetts Rehabilitation Commission and the Office of Child Care Services. This section does not apply to individuals or families which contract directly with the Department of Social Services or the Office of Child Care Services to provide foster care or in-home family daycare. This section also does not apply to individuals who enter into contracts with said departments of the Commonwealth as consultants or independent contractors."

Floor Number: 376 Clerk Number: 501

HUMAN SERVICE EMPLOYEES HEALTH INSURANCE

Mr. Barrios and Mr. Joyce move to amend the bill (S. 2400), in line item 1108-5100, by inserting after "General Laws" the following:-
"provided that the commission shall develop a report setting forth plan designs for plans established pursuant to chapter 32A, section 10F and appropriate administrative mechanisms for said plans, with the costs associated with both the benefits provided under said plans and administration, and shall file the report with the house and senate committees on ways and means no later than March 1, 2005. Not more than $100,000 shall be spent towards the development of said report" and further moves to amend by inserting after section 101 the following sections:-
"Section 101A. M.G.L. c. 32A, Section 2b, is amended effective January 1, 2005, by inserting after 'United States' in line 2 the following: 'and a person who is an employee of a vendor which provides human services and which is under contract with any agency within the executive office of health and human services;'
M.G.L. c. 32A, Section 2c, is amended effective January 1, 2005, by inserting after 'Massachusetts' in line 1 the following: 'or employer of any employee, as defined in Subsection (b);'
M.G.L. Chapter 32A is amended effective January 1, 2005, by inserting, 'Section 10F Insurance for employees of human service vendor employers;'
Section 10F. The commission shall negotiate with and purchase on such terms as it deems to be in the best interest of the commonwealth, the vendor employers covered under this section chapter, and the affected employees and their dependents, from one or more insurance companies or non-profit hospital, medical or other service corporations, a policy or policies of group general or blanket insurance providing hospital, surgical, medical, and other health insurance benefits for said agency employees and their dependents. Such policy or policies shall consist of a schedule of hospital, surgical, medical, dental and other health insurance benefits for agency employees and their dependents which shall be unrelated to the schedule of hospital, surgical, medical, dental and other health insurance benefits purchased by the commonwealth under the provisions of section four, or the schedule of hospital, surgical, medical, dental and other health insurance benefits purchased by counties, cities, towns and districts under the provisions of section three of chapter thirty-two B.
(a) With respect to any period of insurance which is in effect for the vendor employees and their dependents, the full cost of the insurance shall be borne by the vendor employer and the participating employee. The commonwealth will not be responsible for contributing to the cost of this insurance.
(b) The employee's per cent share of the premium shall be withheld by the appropriate employer from the employee's salary on a periodic basis, and shall be forwarded by the responsible official at each vendor employer to the commission in accordance with its rules and regulations.
(c) The commission shall determine at least annually, or sooner, the amount of premiums for each health plan which shall be reimbursed to the commonwealth by each contracting agency having employees insured under this section. The commission shall also determine, at least annually, the portion of the commission's expense of administering this hospital, surgical, medical, and other health insurance coverage for the employees of vendor employer for this coverage. After such determinations, the commission shall assess each agency an administrative charge equal to their pro rata share of the cost of administering this program.
(d) Any dividend or refund accepted by the commission from any insurance carrier as a result of the contract negotiated under this section shall be deposited by the commission with the state treasurer as provided in section nine. The commission shall determine the amount of dividend or refund apportionable to the various vendor employers having employees insured hereunder, and shall reduce the administrative expenses in section (c) attributable to each such vendor employer by the amount of refund attributable thereto.
(e) Each employee of a vendor employer to whom this chapter applies shall furnish the commission, in such form as it shall prescribe, such information as is necessary to insure himself or himself and his dependents under the hospital, surgical, medical, and other health insurance herein provided, and shall authorize the withholding of the appropriate premium from his salary by the appropriate vendor employer.
(f) Participation in the health insurance program described in this section is voluntary for vendors which contract to provide human service with the following departments of the Commonwealth: the Commission for the Deaf and Hard of Hearing, the Department of Mental Health, the Department of Mental Retardation, the Department of Social Services, the Department of Transitional Assistance, the Department of Youth Services, the Disabled Persons Protection Commission, the Division of Employment & Training, the Division of Medical Assistance, the Executive Office for Elder Affairs, the Executive Office of Health and Human Services, the Massachusetts Commission for the Blind, the Massachusetts Rehabilitation Commission and the Office of Child Care Services.
This section does not apply to individuals or families which contract directly with the Department of Social Services or the Office of Child Care Services to provide foster care or in-home family daycare. This section also does not apply to individuals who enter into contracts with said departments of the Commonwealth as consultants or independent contractors."

Floor Number: 377 Clerk Number: 736

STATE RETIREES MEDICAID PART B PAYMENTS

Mr. Morrissey moves to amend the bill in line item 108-5200 by inserting after the words " including any rollover period" the following words:- ";and provided further, that notwithstanding the provisions of any general or special law to the contrary, the commonwealth shall pay 50 per
cent of the medicare part B premium which any person, insured under said chapter 32A, is required to pay as a medicare enrollee."

Floor Number: 378 Clerk Number: 781

PREMIUMS FOR STATE EMPLOYEES

Mr. McGee and Ms. Creem and Mr. O'Leary move to amend the bill in section 2, in item 1108-5200 in line 45, by striking out the following item:
"provided further, that the commonwealth's share of the premiums for active state employees and their dependents who are hired after June 30, 2003 shall be 75 per cent of the premiums and rates"
and moves to amend the bill further, in section 2, in item 1108-5200, by striking out the figure
figure "770,553,026" and inserting in place thereof the following figure:- "772,953,026".

Floor Number: 379 Clerk Number: 164

FRANKLIN COUNTY RETIREES TO GIC

Mr. Rosenberg, Mr. Brewer, and Mr. Nuciforo move 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, retired employees of Franklin county and the surviving spouses of retired Franklin county employees who are eligible for group insurance coverage as provided under Chapter 32B of the General Laws or who are insured under said chapter shall have said eligibility and coverage transferred to the jurisdiction of the group insurance commission effective on the first day of the month following ninety days after the governor's signature and said persons shall cease to be eligible or insured under the provisions of said chapter 32B. The group insurance commission shall provide uninterrupted coverage for group life and accidental death and dismemberment insurance and group general or blanket insurance providing hospital, surgical, medical, dental and other health insurance benefits to the extent authorized under the provisions of chapter 32A of the General Laws. All questions relating to group insurance rights, obligations, costs and payments shall be determined by the group insurance commission, and shall include the manner and method for the payment on all required premiums applicable to all such coverage"

Floor Number: 380 Clerk Number: 398

RETIRED MUNICIPAL TEACHER GIC CHANGES

Mr. Tolman moves to amend the bill by inserting, after Section 362, the following new Section:-
"SECTION 363. Pursuant to section 12 of chapter 32A of the General Laws, the group insurance commission shall negotiate with and purchase on such terms as it deems to be in the best interests of the commonwealth, the political
subdivisions that have accepted the provisions of this section and retired teachers from such political subdivisions, who are receiving a pension, annuity or retirement allowance from the state teachers retirement system, a policy or policies to make available, beginning July 1, 2004, the services of a health care organization to all such eligible and retired teachers and dependents, including the surviving spouse and dependents of such retired teachers, who reside in the Commonwealth."

Floor Number: 381 Clerk Number: 521

PROSTHETIC DEVICE - DEFINITION

Mr. Joyce moves to amend the bill by inserting, after Section_______, the following new Sections:-
SECTION___. :Chapter 32A of the General Laws is hereby amended by inserting after section 17H the following section:-
Section 17I. (a) As used in this section, "Prosthetic device" means an artificial device to replace, in whole or in part, an arm or leg.
(b) The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for prosthetic devices that equals the coverage provided for such devices under the federal laws providing health insurance to the aged and disabled, 42 U.S.C. sections 1395k, 1395l and 1395m and 42 C.F.R. 414.202, 414.210, 414.228 and 410.100. Coverage for the prosthetic devices shall be provided for the most appropriate medically necessary model that adequately meets the medical needs of such employees as determined by the treating physician. The commission shall also provide coverage for medically necessary repairs and replacements of prosthetic devices, subject to co-payments and deductibles, if any, unless the repair or replacement is necessitated by misuse or loss.
(c) Nothing in this section shall prohibit the commission from offering greater coverage for prosthetic devices than that required by this section.
SECTION :Chapter 175 of the General Laws is hereby amended by inserting after section 47W, inserted by section 1 of chapter 49 of the acts of 2002, the following section:-
Section 47X. (a) As used in this section, "prosthetic device" means an artificial device to replace, in whole or in part, and arm or leg.
(b) Any individual policy of accident and sickness insurance issued pursuant to section 108 and any group blanket policy of accident and sickness insurance issued pursuant to section 110, except policies providing supplemental coverage to Medicare or to other government programs, that is delivered, issued or renewed within or without the commonwealth shall provide coverage for prosthetic devices that equals the coverage provided for such devices under the federal laws providing health insurance to the aged and disabled, 42 U.S.C. sections 1395k, 1395l, and 1395m and 42 C.F.R. 414.202, 414.210, 414.228 and 410.100. Coverage for the prosthetic devices shall be provided for the most appropriate medically necessary model that adequately meets the medical needs of the policyholder as determined by the treating physician. Coverage shall also be provided for medically necessary repairs and replacements of prosthetic devices, subject to co-payments and deductibles, if any, unless the repair or replacement is necessitated by misuse or loss.
(c) Nothing in this section shall prohibit an insurer from offering greater coverage for prosthetic devices than that required by this section.
SECTION :Chapter 176A of the General Laws is hereby amended by inserting after section 8W, inserted in section 2 of chapter 49 of the acts of 2002, the following section:-
Section 8X. (a) As used in this section, "prosthetic device" means an artificial device to replace, in whole or in part and arm or leg.
(b) Any contract between a subscriber and the corporation under an individual or group hospital service plan, except contracts providing supplemental coverage to Medicare or other governmental programs, that is delivered, issued or renewed within or without the commonwealth shall provide to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment within the commonwealth coverage for prosthetic devices that equals the coverage provided for such devices under the federal laws providing health insurance to the aged and disabled, 42 U.S.C. sections 1395k, 1395l, and 1395m and 42 C.F.R. 414.202, 414.210, 414.228 and 410.100. Coverage for the prosthetic devices shall be provided for the most appropriate medically necessary model that adequately meets the medical needs of such subscribers or members as determined by the treating physician. Coverage shall also be provided for any medically necessary repairs and replacements of prosthetic devices, subject to co-payments and deductibles if any, unless the repair or replacement is necessitated by misuse or loss.
(c) Nothing in this section shall prohibit the corporation from offering greater coverage for prosthetic devices than that required by this section.
SECTION :Chapter 176B of the General Laws is hereby amended by inserting after section 4W, inserted by section 3 of chapter 49 of the acts of 2002, the following section:-
Section 4X. (a) As used in this section, "prosthetic device" means an artificial device to replace, in whole or in part, an arm or leg.
(b) Any subscription certificate under an individual or group medical service agreement, except certificates providing supplemental coverage to Medicare or other governmental programs, that is delivered, issued or renewed within or without the commonwealth shall provide to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment in the commonwealth coverage for prosthetic devices that equals the coverage provided for such devices under the federal laws providing health insurance to the aged and disabled, 42 U.S.C. sections 1395k, 1395l, and 1395m and 42 C.F.R. 414.202, 414.210, 414.228 and 410.100. Coverage for the prosthetic devices shall be provided for the most appropriate medically necessary model that adequately meets the medical needs of such subscribers or members as determined by the treating physician. Coverage shall also be provided for medically necessary repairs and replacements or prosthetic devices, subject to co-payments and deductibles, if any, unless the repair or replacement is necessitated by misuse or loss.
(c) Nothing in this section shall prohibit the corporation from offering greater coverage for prosthetic devices than that required by this section.
SECTION :Chapter 176G of the General Laws is hereby amended by inserting after section 4O, inserted by section 4 of chapter 49 of the acts of 2002, the following section:-
Section 4P. (a) As used in this section, "prosthetic device" means an artificial device to replace, in whole or in part, an arm or leg.
(b) An individual or group health maintenance contract, except contracts providing supplemental coverage to Medicare or to other government programs, shall provide to residents of the commonwealth and to persons having a principal place of employment within the commonwealth coverage for prosthetic devices that equals the coverage and benefits provided for such devices under the federal laws providing health insurance to the aged and disabled, 42 U.S.C. sections 1395k, 1395l, and 1395m and 42 C.F.R. 414.202, 414.210, 414.228 and 410.100. Coverage for the prosthetic devices shall be provided for the most appropriate medically necessary model that adequately meets the medical needs of such subscribers or members as determined by the treating physician. Coverage shall also be provided for medically necessary repairs and replacements of prosthetic devices, subject to co-payments and deductibles, if any, unless the repair or replacement is necessitated by misuse or loss.
(c) Nothing in this section shall prohibit a health maintenance organization from offering greater coverage for prosthetic devices than that required by this section.
SECTION :This act shall apply to all policies, contracts, agreements, plans and certificates of insurance issued or delivered within or without the commonwealth on or after January 1, 2005 , and to all policies, contracts, agreements, plans and certificates of insurance in effect before that date upon renewal on or after January 1, 2005 .

Floor Number: 382 Clerk Number: 631

GIC COVERAGE FOR HEARING AIDS

Messrs. Lees, Tisei, Tarr, Knapik, Brown and Brewer and Mrs. Sprague move to amend the bill by inserting, after Section ______, the following new Section:-
"SECTION ______. Chapter 32A of the General Laws is hereby amended by inserting after section 17G, as inserted by section 1 of chapter 81 of the acts of 2000, the following section:-
Section 17H. (a) For purposes of this section, the following words shall have the following meanings:
"Hard of hearing", hard of hearing as defined in section 191 of chapter 6 of the General Laws. "Hearing instrument specialist", a hearing instrument specialist as defined in section 196 of chapter 112 of the General Laws.
"Hearing aid", a hearing aid as defined in section 196 of chapter 112 of the General Laws.
"Out-of-network provider", a health care provider that does not have a contract with the insurer.
(b) The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for two hearing aids every three years, unless an employee voluntarily obtains such hearing aids from an out-of-network health care provider, if any. Hearing aid coverage pursuant to this section shall not exceed an amount of $2,000 for each three-year period.
(c) Nothing in this section shall prohibit the commission from offering greater coverage for hearing aids than that required by this section.
(d) Pursuant to sections 191 to 199, inclusive, of chapter 6 of the General Laws, the Massachusetts Commission for the Deaf and Hard of Hearing shall consult with the Commissioner of Insurance to ensure that sections 1 to 6 of this act are enforced."

Floor Number: 383 Clerk Number: 752

GIC

Mr. Morrissey moves to amend the bill, by inserting after Section 353, the following new section:-
Section__. Section 19 of Chapter 32A of the General Laws, as appearing in the 2002 Official Edition, is herby amended by striking the words "The commission is hereby authorized to pay to any active or retired employee of the Commonwealth who is insured by the Commonwealth as of June first, nineteen hundred and ninety-three" in lines one through three, and inserting in place thereof the following:-
"Effective July first of each year the commission is herby authorized to pay to any active or retired employee of the Commonwealth who has been continuously insured by the Commonwealth for the prior six months."

Floor Number: 384 Clerk Number: 359

SENIORITY TRANSFER

Mrs. Chandler moves to amend the bill by inserting after Section , the following new section:
SECTION : Chapter 30 of the of the Massachusetts General Laws is hereby amended by inserting after section 9I, as appearing in the 2002 Official Edition, the following section:
Section 9J. In the event that the functions performed by employees in one department or agency are transferred to another department or agency, the employees performing such functions shall be transferred to the receiving department or agency without impairment of wages, seniority, collective bargaining, civil service or other rights enjoyed at the time of the transfer.

Floor Number: 385 Clerk Number: 380

TRANSFER RIGHTS

Mr. Tolman moves to amend the bill by inserting, after Section 362, the following new Section:-
"SECTION 363. Chapter 30 of the Massachusetts General Laws is hereby amended by inserting after section 9I, as appearing in the 2002 Official Edition, the following section:
Section 9J. In the event that the functions performed by employees in one department or agency are transferred to another department or agency, the employees performing such functions shall be transferred to the receiving department or agency without impairment of wages, seniority, collective bargaining, civil service or other rights enjoyed at the time of the transfer."

Floor Number: 386 Clerk Number: 699

IT ADVISORY BOARD

Mr. Magnani of Framingham moves to amend the bill by adding, at the end thereof, the following new section:
Section___: "There shall be an information technology advisory board. The advisory board shall consist of seven members including: the executive department's chief information officer, the legislative department's chief information officer, the judicial department's chief information officer, the chair of the senate committee on science and technology, the chair of the house committee on science and technology, and two members appointed by the governor for terms of one year each, one of whom shall have expert knowledge in the area of information technology, one of whom shall represent the interests of business and the other the interests of the consumers.
The board shall annually by July first of every year draft, recommend and present for signature to the Governor, the speaker of the house of representatives, the president of the senate, the chief justice of the supreme judicial court and the constitutional officers, a memorandum of understanding among and acceptable to the executive department, legislature, judiciary and constitutional offices that shall include information technology standards and a strategic plan for the signatories' acquisition and use of information technology. In addition, the advisory board shall advise the executive department's chief information officer on information technology issues, including the development of an enterprise vision, strategy and direction for the use of information technology in the executive department, the development of policy, strategic planning, and project selection criteria, and information technology architecture, infrastructure, information technology investments and security. The advisory shall also file annually on July first of every year, a report with the Governor, the speaker of the house, the president of the senate, the constitutional officers, and the chief justice of the supreme court, including its analysis and recommendations during the previous year.
The information technology advisory board's membership shall meet regularly on a schedule to be determined by its members, but in any case no fewer than four times a calendar year. The members of said board shall serve without compensation but shall be reimbursed for their expenses actually and necessarily incurred in the performance of their duties. The information technology division's staff shall provide such assistance as the board may deem necessary".

Floor Number: 387 Clerk Number: 409

PUBLIC DEPOSITS SECURITY COMMISSION

Mr. Panagiotakos and Ms. Fargo move to amend the bill by inserting at the end thereof the following new section:-
SECTION_____. The shall be a special commission to investigate, study, and make a report on the safety and security of deposits made by public entities, including the commonwealth, cities, towns, counties, districts and regional school districts, said funds being deposited in any form whatsoever in any public depository or in a combined investment fund. The report shall assess the necessity of providing further security for said public deposits and include recommendations to establish reasonable standards for protecting public deposits. The Commission shall consist of 11 members; the house and senate chairs of the joint committee on banks and banking who shall serve as co-chairs; the state treasurer or his designee; the state auditor or his designee; the state banking commissioner or his designee; two representatives of the Massachusetts Collectors & Treasurers Association; two representatives of the Massachusetts Bankers Association; a representative of the Massachusetts Credit Union League. The Commission shall file its report, including its recommendations and a draft of any legislation necessary to carry out its recommendations, by filing the same with the clerks of the house of representatives and the senate not later than December 1, 2004.

Floor Number: 388 Clerk Number: 411

AN AMENDMENT TO IMPLEMENT HYDROGEN FUELING STATIONS ALONG THE MASSACHUSETTS TURNPIKE

Mr. Tarr, Mr. Lees, Mr. Knapik, Mr. Hedlund and Mr. Brown move to amend the bill (Senate bill 2400) by adding, at the end thereof, the following new section: -
"SECTION___. The Massachusetts Turnpike Authority is hereby authorized and directed to develop a plan for the availability of hydrogen fuel automobiles at each fueling facility/service terminal on the Massachusetts Turnpike. Should the authority determine that facilitating such availability is not feasible, it shall report such findings together with the reasons therefore to the House and Senate Committees on Ways and Means and the Joint Committee on Natural Resources and Agriculture not later than January 31, 2005. Said plan shall provide for such availability no later than January 1, 2010.

Floor Number: 389 Clerk Number: 524

PAYMENT OF JUDGMENTS AND SETLEMENTS

Mr. Creedon moves to amend the bill, Senate 2400, in section 2, by striking out item 1599-3384 and inserting in place thereof the following item:
"1599-3384 For a reserve for the payment of certain court judgments, settlements and legal fees, in accordance with regulations promulgated by the comptroller, which were ordered to be paid in fiscal year 2004 or a prior fiscal year; provided, that the comptroller shall report quarterly to the house and senate committees on ways and means on the amounts expended from this item; provided further, that no amount appropriated in this item shall fund attorneys' fees for Boulet, et al v. Cellucci, et al, civil action No. 99-CV-10617-DPW, United States District Court of Massachusetts; provided further, that no funds shall be expended for any settlements pursuant to Superior Court Civil Action NO. 03-1913 BLS Allen's Pharmacy Cape Ann, & others vs. Christine C. Ferguson, Acting Commissioner of the Massachusetts Division of Health Care Finance and Policy; provided further, that $300,000 shall be expended for Namyl, LLC v. L. Bongiorni, et al and its companion cases to be paid to the town of Wilbraham; and provided further, that funds shall be made available for a settlement for the town of Easton………$2,574,485"

Floor Number: 390 Clerk Number: 784

WILBRAHAM COURT CASE

Mr. Brewer moves to amend the bill, in section 2, in item 1599-3384, by adding at the end thereof the following:-
"provided further, that $300,000 shall be expended for Namyl, LLC v. L. Bongiorni et al and its companion cases to be paid to the town of Wilbraham"

Floor Number: 391 Clerk Number: 172

LEGAL SETTLEMENT COSTS

Mr. Rosenberg and Ms. Walsh move to amend the bill by inserting, after Section ____, the following new Section:-
"SECTION ___. For the purpose of reimbursing Major General Chester E. Gorski and Colonel William J. Gormley, III of the Massachusetts Army National Guard for legal expenses incurred in defending themselves in civil complaints initiated by the then Adjutant General Raymond A. Vezina, and, after appropriation has been made therefore, there shall be allowed and paid out of the state treasury to Major General Gorski the sum of $30,136.94 and to Colonel Gormley the sum of $44,983.12. Said civil complaints having been subsequently withdrawn after evidence demonstrated that Major General Gorski and Colonel Gormley acted properly and in good faith as members of the Massachusetts Militia in submitting complaints regarding activities within the Massachusetts National Guard."

Floor Number: 392 Clerk Number: 214

OPERATIONAL SERVICES DIVISION

Mr. Pacheco moves to amend the bill in Section 2, by striking out item 1775-0124 and inserting in place thereof the following item:-

"The operational services division may expend an amount not to exceed $300,000 from revenue collected in the recovery of cost-reimbursement and non-reimbursable over billing and recoupment for health and human service agencies and as a result of administrative reviews, as determined during the division's audits and reviews of providers pursuant to section 274 of chapter 110 of the acts of 1993; provided that, the division may only retain revenue collected in excess of $207,350. ..........................................................$300,000"

Floor Number: 393 Clerk Number: 294

Mr. Knapik of Westfield moves to amend the bill, by inserting, after Section ____, the following new Section:-
"SECTION_____. Notwithstanding any general or special law or regulation to the contrary, any Massachusetts based reseller/integrator of computer equipment and technology, that has been in business for five consecutive years, has achieved ISO 9001Certification and that has a minimum level of $10 million dollars in sales and services in the last fiscal year, shall be deemed eligible to bid on any of the Commonwealth's Information Technology Hardware contracts offered for Original Equipment Manufacturers (OEMs)."

Floor Number: 394 Clerk Number: 540

COMMERCIAL FEE EQUITY

Mr. Creedon moves to amend the bill, Senate 2400, at the end of the bill inserting the following new section:

SECTION____ "Notwithstanding any general or special law or regulation to the contrary, the operational services division of the executive office of administration and finance shall require both for-profit and not-for-profit vendors that contract with the commonwealth to provide human and social services to complete the UFR Surplus Revenue Retention Schedule and that both the not-for -profit and for-profit businesses shall be limited to a 5% annual retention of surplus revenue. Taxes paid will be considered an allowable expense. No prior year surpluses may be recouped from such for-profit vendors if the applicable contract for such year(s) did not contain a commercial fee."

Floor Number: 395 Clerk Number: 715

UPDATING THE DIVISION OF PROFESSIONAL LICENSURE'S OVERSIGHT POWERS

Mr. Morrissey moves to amend the bill by striking out Sections 26, 159, 160, 161, 162, and 163.

Said bill is further amended by inserting after Section 353 the following new sections: -

SECTION ___. Chapter 13 of the General Laws, as appearing in the 2002 Official Edition is hereby amended by inserting after section 9B the following new section:-

Section 9C. Each board of registration shall be immune from liability for actions taken in good faith in the discharge of its responsibilities. Board members acting in good faith in the discharge of their duties shall be defended by the attorney general and shall be eligible for indemnification of all costs and damages arising from claims and suits against them.

SECTION ___ . Section 61 of Chapter 112 as appearing in the 2002 Official Edition, is hereby amended by striking the first paragraph and inserting in place thereof the following paragraphs:-

Each board of registration under the supervision of the division of professional licensure may discipline the holder of any license, certificate, registration or authority issued pursuant to the provisions of this chapter or chapters 141 and 143 if such a holder has, after a full adjudicatory proceeding conducted pursuant to chapter 30A:

1. been found guilty of engaging in conduct which places into question the holder's competence to practice his or her profession including, but not limited to, gross misconduct; practicing his or her profession fraudulently; practicing his or her profession beyond the authorized scope of said license, certificate, registration or authority; practicing his or her profession with gross incompetence; and/or practicing his or her profession with negligence on more than one occasion;
2. been found guilty of engaging in the practice of his or her profession while the ability to practice was impaired by alcohol or drugs;
3. been found guilty of violating any law, rule or regulation of the board of registration governing the practice of his or her profession;
4. been convicted of a criminal offense which is reasonably related to the practice of his or her profession;
5. been found guilty of engaging in dishonesty, fraud or deceit which is reasonably related to the practice of his or her profession;
6. been found guilty of knowingly permitting, aiding, or abetting an unauthorized person to perform activities requiring a license, registration or authority; or
7. had a license, certificate, registration, or authority issued by another state or territory of the United States, the District of Columbia, or foreign state or nation with authority to issue such a license, certificate, registration, or authority revoked, canceled, suspended, or otherwise acted against, or the holder has been disciplined, if the basis for the action would constitute a basis for disciplinary action in the Commonwealth.

Notwithstanding any general or special law to the contrary, each board of registration under the supervision of the division of professional licensure may by a majority vote and after a full adjudicatory proceeding conducted pursuant to chapter 30A, upon determination made that the holder of a license, certificate, registration or authority issued by such board of registration has engaged in any of the offenses enumerated in this section, undertake one or more of the following actions:

1. suspend, revoke, cancel or place on probation such license, certificate, registration or authority;
2. reprimand or censure a holder;
3. assess upon such holder a fine, as determined by the board, not to exceed one hundred dollars for the first offense; five hundred dollars for the second offense; one thousand five hundred dollars for the third offense; two thousand five hundred dollars for the fourth offense; and five thousand dollars for the fifth and any subsequent offense;
4. require such a holder to perform, for each violation, up to one hundred hours of public service in a manner and time to be determined by the board;
5. require such holder to complete additional education and training as a condition of retention or future consideration or reinstatement of said license, certificate, registration or authority;
6. require such holder to practice under appropriate supervision for a period of time as determined by the board as a condition of retention or future consideration of reinstatement of such license, certificate, registration or authority;
7. require such holder to participate in an alcohol or drug rehabilitation program or undergo drug testing, or both, as a condition of retention or future consideration of reinstatement of said license, certificate, registration or authority.

Nothing in this section shall be deemed a limitation on any board's authority to impose such reasonable sanctions as deemed appropriate by the board after hearing or by a consent agreement.

SECTION ___ . Said chapter 112, as so appearing, is hereby further amended by striking section 65 in its entirety and inserting in place thereof the following:

Section 65. Each board of registration under the supervision of the division of professional licensure may, after an adjudicatory proceeding held pursuant to chapter 30A, assess and collect a fine of up to five thousand dollars for each violation upon any person who practices any trade or profession at a time when his or her license, certificate, registration or authority to do so is not valid because it has been suspended, revoked or canceled by the board of registration that issued said license, and upon any person who knowingly practices any trade or profession at a time when his or her license, certificate, registration or authority authorizing him or her to do so has expired; provided that, if a licensee has, in accordance with any law and with board regulations, made timely and sufficient application for a renewal, his license shall not expire until his application has been finally determined by the agency; provided further, that prior to the assessment of a fine under this section said board shall notify the licensee and grant said licensee a minimum of ninety days after the date of expiration within which to submit an application for renewal during which time the board may waive any applicable penalties pursuant to this section. Each board may make application to the appropriate court for an order enjoining unlicensed practice and obtaining a restraining order or other order as may be appropriate.

SECTION ____. Said chapter 112, as so appearing, is hereby further amended by inserting after said section 65 the following new sections:-

Section 65A. Except as otherwise permitted by law, each board of registration under the supervision of the division of professional licensure, after an adjudicatory proceeding held pursuant to chapter 30A, may assess and collect a fine of up to five thousand dollars upon any person who, without holding the required license, certificate, registration, or authority, engages in the practice of any trade or profession for which a license, certificate, registration, or authority is required. Nothing contained in this section shall be construed as affecting, restricting, diminishing or limiting any other existing penalty or remedy provided by law. Each board may make application to the appropriate court for an order enjoining unlicensed practice, or ordering payment of any assessed fine, or both. Upon a showing by the board that such person has engaged in unlicensed practice, an injunction, restraining order or other order as may be appropriate shall be granted by the court.

Section 65B. Each board of registration under the supervision of the division of professional licensure having jurisdiction over a licensee whose continued practice poses an immediate and serious threat to the public health, safety or welfare may suspend or refuse to renew the holder's license, certificate, registration, or authority pending a hearing on the merits of the allegation against the holder; provided however, that the board shall hold a hearing pursuant to chapter 30A on the necessity for the emergency action within 10 days of the action. The board shall issue to the licensee a written summary suspension which specifies the findings of the board and the reasons for its summary suspension and which includes notice of the date, time and place of the aforementioned 10 day hearing. At the request of the licensee the board may reschedule this hearing to a date and time mutually agreeable to the board and licensee. Any such rescheduling of the hearing granted at the licensee's request shall not operate to lift or stay the summary suspension order. If such hearing is not held within 10 days of the board's emergency action, the license, certificate, registration, or authority against which action was taken shall be deemed reinstated. At the adjudicatory hearing on the necessity for summary suspension, the board shall, by a preponderance of the evidence, establish why said summary suspension order should continue in effect pending the final disposition of the complaint; provided further, that the board shall issue a preliminary written decision within seven days of said summary suspension hearing. Following said hearing, any continuing suspension imposed by a board shall remain in effect until the conclusion of any formal adjudicatory proceeding on the merits of the allegations against the holder; provided however, that said proceeding shall occur within sixty days of the initial summary suspension order, or as the parties may otherwise agree; provided further, that said board shall render it's written decision no later then thirty days after the formal adjudicatory proceeding, or as the parties may otherwise agree. A licensee facing any disciplinary action pursuant to this section shall have the right to seek judicial review of the board's decision pursuant to the procedures established by chapter 30A. The division, after proper notice and hearings, shall adopt rules and regulations governing the emergency suspension procedure authorized by this section.

Section 65C. After the filing of a complaint with any board of registration under the supervision of the division of professional licensure alleging that any holder of a license, certificate, registration, or authority issued by said board may be incompetent or unable to practice his or her profession or trade with reasonable skill and safety because such holder's ability to practice is impaired due to mental illness or physical illness, the board may order such holder to be examined by one or more physicians or psychotherapists approved by the board at the board's expense. If the individual fails or refuses to comply with an order by the board for such examination, and upon reasonable notice to the holder, the board may apply to superior court for an order compelling the holder to submit to such examination. If the board's application is granted, the court may, after an opportunity for a hearing, require the individual to pay the board its reasonable expenses, up to a maximum of one thousand dollars, incurred in obtaining the order, including attorney's fees, unless the court finds such an award unjust. The holder's failure to comply with a court order issued under this section shall constitute grounds for disciplinary action by the board including, but not limited to, the sanctions listed in section 61 of this chapter. The report of the examiners shall be made available to the holder and may be received as direct evidence in any formal adjudicatory proceeding pursuant to chapter 30A. Said report shall remain confidential except to the extent it is disclosed in such proceedings.

Section 65D. One half of all fines assessed pursuant to sections 61 and 65 through 65C of this chapter shall be deposited in the division of professional licensure trust fund as established pursuant to section 35 V(a) of chapter 10; the remaining one-half shall be deposited in the General Fund.

Section 65E. Each board of registration under the supervision of the division of professional licensure which takes any action against an individual who practices any trade or profession at a time when his or her license, certificate, registration or authority to do so is not valid because it has been suspended, revoked or canceled by said board of registration that issued said license, certificate, registration or authority shall report said individual to the attorney general of the commonwealth for review.

SECTION ____ . Section 87I of said chapter 112, as so appearing, is hereby further amended by striking in the first sentence the words "and shall furnish to the board a certificate of a registered physician that such student is not afflicted with any contagious or infectious disease" in lines 8 through 10, inclusive.

SECTION ____ . Said section 87I, as so appearing, is hereby further amended by striking in lines 47 through 49 inclusive, the following:- A certificate of a registered physician stating that said apprentice or student is not afflicted with any contagious or infectious disease shall be filed with each application for such permit or renewal thereof.

SECTION ____ . Said section 87I, as so appearing, is hereby further amended by striking in lines 54 through 55 inclusive, the following:- with a physician's statement as aforesaid, and; and inserting in place thereof the following words:- and pays

SECTION ____ . Section 87J of said chapter 112, as so appearing, is hereby amended by striking in lines 10 through 12 inclusive, the following:- "upon the presentation of a certificate from a registered physician as to the freedom from contagious or infectious disease of the holder of such card or insignia".

SECTION _____ . Section 87K of said chapter 112, as so appearing, is hereby amended by striking in lines 9 through 10, the following:- "or that infectious or contagious disease has been imparted thereat,"

SECTION ____ . Said section 87K, as so appearing, is hereby further amended by striking in lines 13 through 15 the following:- "or it is determined by a member of the board that infectious or contagious disease has been imparted to any person thereat,"

SECTION ____ . Section 87L of said chapter 112, as so appearing, is hereby amended by striking in lines 2 through 4 the following:- "for having epilepsy or other disease endangering the health and safety of persons whom he may serve,"

SECTION ____ . Said section 87L, as so appearing, is hereby further amended by striking in line 6 the following:- "or for having imparted any contagious or infectious disease,"

SECTION ____ . Section 87CC of said chapter 112, as so appearing, is hereby amended by striking out lines 22 through 29, inclusive.

SECTION ____ . Said section 87CC, as so appearing, is hereby further amended by striking out lines 51 through 55, inclusive.

Floor Number: 396 Clerk Number: 169

JURY LIST

Mr. Rosenberg moves to amend the bill by striking out Section 335 and inserting in place thereof the following Section:-
"SECTION 335. (a) The jury commissioner shall establish an administrative records list of the commonwealth's residents 17 years and older for the purpose of testing the feasibility of using such a list for the creation of jury pools. The following state agencies shall provide in electronic form a list of residents 17 years and older contained in their respective databases: the state secretary, registry of motor vehicles, department of revenue, department of transitional assistance, and division of unemployment assistance. In addition, cities and towns that conduct an annual census shall provide such data, and all public and private colleges and universities shall provide such data from enrollment records. The lists shall contain, name, residential address, mailing address and date of birth to the extent that they possess this information, in a format to be specified by the jury commissioner. In those cases where a federal waiver or authorization is needed in order to provide this information, each agency or entity shall take all necessary steps to seek such authorization or waiver. No information shall be provided to the jury commissioner beyond that required to create the administrative records list. The jury commissioner shall treat the lists and the information contained in them as confidential to the extent required by law, and none of these lists or information shall be public records. Nothing shall be included in any printed administrative records list that would indicate from which source list the information on any individual resident was derived. The commissioner may secure and use additional lists from non-governmental institutions and sources in order to create the administrative records list. The commissioner shall provide in electronic form a copy of the administrative records list to the state secretary for purposes of testing its use to maintain voter registration lists and testing its use as a source for street lists for the cities and towns of the commonwealth. Testing of the administrative records list shall not replace or alter any requirement of present law for creating jury pools, maintaining voting lists or establishing street lists, until further act of the general court. The jury commissioner and the state secretary shall report their findings and recommendations based on the testing required by this section to the clerks of the senate and house of representatives not later than June 30, 2006.
(b) To advise the jury commissioner and the state secretary in carrying out subsection (a), there shall be an administrative records census task force, which shall consist of the jury commissioner or her designee, the state secretary or his designee, the secretary of administration and finance or his designee, and 1person appointed by each of the president of the senate, the speaker of the house of representatives, the Massachusetts Municipal Association, the Massachusetts City Clerks Association and the Massachusetts Town Clerks Association. The chair of the task force shall rotate annually among the jury commissioner, the state secretary, and the secretary of administration and finance, or their respective designees. The task force shall consult persons with appropriate technical expertise, and may ask them to attend task force meetings. The task force shall meet as often as necessary, but at least once every 6 months."

Floor Number: 397 Clerk Number: 708

Withdrawn

Floor Number: 398 Clerk Number: 258

RELATIVE TO PRIVATE COUNSEL COMPENSATION

Mr. Shannon moves to amend the bill, in section 2, in line item 0321-1510, by inserting the following:- "provided further, that the rates of compensation for private counsel services from this item shall increase to $59 an hour beginning in Fiscal Year 2006"

Floor Number: 399 Clerk Number: 290

PRIVATE COUNSEL

Mr. Havern, Mr.Pacheco, Ms. Resor, Mr. Nuciforo, Ms. Tucker, Ms. Wilkerson and Mr. Joyce move to amend the bill in item 0321-1510, line 5, by striking out the following: - "and provided further, that the rates of compensation paid for private counsel services from this item shall be the same as the rates paid in fiscal year 2004", and inserting in place thereof the following: - "provided, however, such compensation shall not be less than $60 per hour."; and in said item by striking out the figure "$67,404,445 " and inserting in place thereof the figure "$90,000,000."

Floor Number: 400 Clerk Number: 622

COMMITTEE FOR PUBLIC COUNSEL SERVICES

Mr. Creedon and Mr. McGee move to amend the bill, Senate 2400, moves that the bill be amended in section 2, in item 0321-1510, by striking out the item and inserting in place thereof the following:

"0321-1510 For compensation paid to private counsel assigned to criminal and civil cases under subsection (b) of section 6 of chapter 211D of the General laws , pursuant to section 12 of said chapter 211D; provided, that not more than $1,000,000 of the sum appropriated herein may be expended for services rendered prior to fiscal year 2005; provided further, that the rate of compensation for private counsel services provided for murder cases shall be $60 per hour; and provided further, that the rate of compensation paid for services for superior court criminal cases, so-called and for all non-criminal cases, so-called, except those stated below, shall be $45 per hour; and provided further, that the rate of compensation paid for services for all other criminal cases, so-called and, for non-criminal cases under section 12S of chapter 112 of the General Laws and section 39F of chapter 119 of the General Laws, shall be $40 per hour……………$86,285,239"