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Floor Number: 401 Clerk Number: 309
COUNSEL FOR INDIGENT SALARY ENHANCEMENT TRUST FUND
Mr. Havern, Mr. Pacheco, Ms. Resor, Mr. Nuciforo, Ms. Tucker, Ms. Wilkerson and Mr. Joyce move to amend the bill by striking outside Section 23 and inserting in place thereof the following section :-
"SECTION 23. Said chapter
10 is hereby further amended by inserting after section 35Z, inserted by section
22 of this act, the following section:-
Section 35AA. There is hereby established
a separate fund to be known as the Counsel for Indigent Salary Enhancement Trust
Fund. Said fund shall not in any way be intended to be a substitute for direct
appropriation at rates set pursuant to General Laws chapter 211D. There shall
be credited to the fund revenues collected pursuant to an initial filing fee of
$25.00 for a private application for a criminal complaint for a misdemeanor by
a party, not being a law enforcement officer or prosecutor, in a court of the
commonwealth; from grants, gifts, contributions from any entity public or private;
and revenue derived from the investment of amounts credited to the fund. The chief
counsel for the committee for public counsel services shall expend funds, without
further appropriation, solely for hourly rate enhancements for private bar advocates
for the indigent. No expenditures from the fund shall cause the fund to be in
deficiency at the end of a fiscal year. The chief justice for administration and
management, in consultation with the comptroller and the chief counsel of the
committee for public counsel services, shall report monthly to the house and senate
committees on ways and means on the status of the fund. In the event that the
chief justice for administration and management, in consultation with the chief
counsel for the committee for public counsel services, determines that the receipts
for that fiscal year will be insufficient to pay hourly rate enhancements previously
authorized, the chief counsel shall adjust hourly rate enhancements to ensure
that the trust fund will have a positive balance at the end of the fiscal year.
On October 15 of each year the chief justice for administration and management,
in consultation with the comptroller, shall certify and report to the house and
senate committees on ways and means and the chief counsel for the committee for
public counsel services the amount of trust fund receipts for the first quarter
of the fiscal year and shall estimate total receipts for the fiscal year. Funds
shall not be expended from the trust before the submission of the report. Upon
receipt of the report, the chief counsel for the committee for public counsel
services shall determine the hourly rate enhancement to be paid for that fiscal
year, including retroactive payments for hours billed on or after July 1 of that
fiscal year. Hourly rate enhancements funded from this trust shall not be construed
as a funding obligation in the general appropriation act or supplemental appropriations
acts. Nor shall enhancements pursuant to this fund be considered in lieu of rates
set by CPCS pursuant to c. 211D, but solely as enhancements or bonus supplementation."
Redraft
Floor Number: 402 Redraft Clerk Number: 75
EMPLOYEES OF THE COMMITTEE FOR PUBLIC COUNSEL SERVICES
Mr.
Pacheco of Taunton moves to amend the bill S2400 by inserting after section ________,
the following new section:-
"SECTION ____. Section 3 of Chapter 150E
of the General Laws is hereby amended by inserting at the end thereof the following
new paragraph:-
"The appropriate bargaining unit in the case of employees
of the committee for public counsel services created by chapter 211D of the General
Laws, shall be a professional unit composed of attorneys and all non managerial
and non confidential staff. The employer shall be the committee for public counsel
services or any individual who is designated by the committee to represent the
committee and act in its interests in dealing with such employees."
Floor Number: 403 Clerk Number: 722
CPCS CONFLICT OF INTEREST
Mr.
Lees moves to amend the bill by inserting at the end thereof the following new
section:
"SECTION ___. Section 1 of chapter 211D of the General Laws,
as appearing in the 2002 Official Edition, is hereby amended by striking out the
second paragraph and inserting in place thereof the following paragraph:-
"The provisions of chapter 268A shall apply to all members, officers and
employees of the committee. No member of the committee may have any direct or
indirect financial interest in any matter within the scope of the committee's
duties and responsibilities."
Floor Number: 404 Clerk Number: 89
MASSACHUSETTS LEGAL ASSISTANCE CORPORATION
Mr. Lees moves to amend the bill, in section 2, in item 0321-1600, by striking the figure, "$7,564,142" and inserting in place thereof the following figure:- "$6,807,728".
Floor Number: 405 Clerk Number: 571
MASSACHUSETTS CORRECTIONAL LEGAL SERVICES
Mr.
Barrios, Mr. Creedon, Mr. McGee and Ms. Creem move to amend the bill, in section
2, in item 0321-2100, by striking out the figure "$500,000" and inserting
in place thereof the following figure:-
"$600,000."
Floor Number: 406 Clerk Number: 293
SOCIAL LAW LIBRARY
Mr.
Havern , Mr. Nuciforo, Mr. Creedon and Mr. Antonioni move to amend the bill in
section 2, by inserting after item 0321-2205 the following new item:
"0321-2206
For the social law library to operate the electronic law database project………………$294,000."
Floor Number: 407 Clerk Number: 44
Withdrawn
Floor Number: 408 Clerk Number: 763
REGULATING ATTORNEY REGISTRATION FEES
Mr.
Pacheco moves to amend the bill by inserting, after Section ____, the following
new Section:-
"Section ____. Chapter 211 of the general laws is hereby
amended by adding the following section:-
Section 29. The Board of Bar Overseers
shall assess a $50.00 annual registration fee for attorneys who retire from the
practice of law, sitting judges, clerk-magistrates, as defined in Cannon 1 of
Supreme Judicial Court Rule 3:12, Federal clerks of court, chief deputy clerks
and deputy clerks, employees of the General Court, District Attorneys and their
assistants, the Attorney General and his assistants, attorneys employed by the
committee for public counsel services, and attorneys employed by the Commonwealth
of Massachusetts who do not otherwise engage in the practice of law."
Cincluding, but not limited to, Neville Communities Home, Inc., Cape End Manor, Taunton Nursing Home, Hampshire Care, Our Island Home, and the Geriatric Authority of Holyoke"
Floor Number: 409 Clerk Number: 149
TRANSFER COURTS
Mr.
Baddour moves to amend the bill, in section 2, by inserting in item 0330-0300
after the words "provided further, that not less than $100,000 shall be expended
for the implementation of a changing lives through literature program" the
following: -
"; provided further, that notwithstanding any general or
special law to the contrary, the chief justice for administration and management
shall not transfer any criminal or civil cases from the third district court of
Essex at Ipswich prior to June 30, 2005; provided further, that said chief justice
shall submit a report to the house and senate chairmen of the joint committee
on judiciary not later than October 1, 2004 detailing a plan to provide for the
closure of the third district court of Essex at Ipswich; and provided further,
that said report shall include, but not be limited to, transfer of personnel,
reallocation of resources, the impact on other district courts resulting from
the closure of said court, and other factors that may affect implementation of
said closure".
Floor Number: 410 Clerk Number: 475
AN AMENDMENT RELATIVE TO THE IPSWICH DISTRICT COURT
Mr.
Tarr moves to amend the bill (Senate bill 2400) by adding, in Section 2, item
0330-0300 at the end thereof the following: -
"Provided further, that
notwithstanding any general or special law to the contrary, the chief justice
for administration and management shall not transfer any criminal or civil cases
from the third district court of Essex at Ipswich prior to June 30, 2005; provided
further, that said chief justice shall submit a report to the house and senate
chairmen of the joint committee on judiciary not later than October 1, 2004 detailing
a plan to provide for the closure of the third district court of Essex at Ipswich;
and provided further, that said report shall include, but not be limited to, transfer
of personnel, reallocation of resources, the impact on other district courts resulting
from the closure of said court, and other factors that may affect implementation
of said closure."
Floor Number: 411 Clerk Number: 280
RELATIVE TO THE SOMERVILLE MEDIATION PROGRAM
Mr. Shannon moves to amend the bill, in section 2, in line item 0330-0410, by striking out the wording "provided further, that not less than $36,947 shall be expended for the Somerville Mediation Program" and by striking out the wording "provided further, that not less than $11,084 shall be expended for the Winchester Mediation Program" and inserting in place thereof the following wording:- "provided further, that not less than $48,031 shall be expended for the Somerville Mediation Program".
Floor Number: 412 Clerk Number: 528
TRIAL COURT-SECURITY
Mr. Creedon moves to amend the bill, in Section 2, in item 0330-3200, by striking out the figure "48,344,429" and inserting in place thereof the following figure:- 51,954,016.
Floor Number: 413 Clerk Number: 85
COURTHOUSES IN HAMPSHIRE COUNTY
Mr. Lees moves to amend the bill, in section
2, in line item 0332-0100, by inserting at the end thereof, the following words:-
"; provided, that funds expended in this line item or any other line item
for the construction of a permanent or temporary courthouse in Hampshire county
shall be for the construction or rent of said courthouse in the town known as
Belchertown and no funds shall be expended from this line item for the construction
or rent of a courthouse in Hampshire county unless the site for the courthouse
is located in the town known as Belchertown."
Floor Number: 414 Clerk Number: 549
DISTRICT COURT DEPARTMENT
Mr. Creedon moves to amend the bill, Senate 2400, in item 0332-0100, by striking out the figure "34,702,985" and inserting in place thereof the figure "34,782,985".
Floor Number: 415 Clerk Number: 31
MILFORD DISTRICT COURT
Mr. Moore moves to amend the bill, in section 2, in line item 0332-7800 by striking out the figures "294,137" and inserting in place thereof the figures "363,137"
Floor Number: 416 Clerk Number: 719
BMC MERGER
Mr.
Lees moves to amend the bill in section 2 by striking out item 0335-0001; and
in section 2, in item 0332-0100, by striking out the figures "34,702,985"
and inserting in place thereof the figures "42,436,787" and by inserting
at the end thereof the following sections:-
"SECTION . Chapter 211B of
the General Laws, as so appearing, is hereby amended by striking section 1 and
inserting in place thereof the following section:-
Section 1. There shall
be a trial court of the commonwealth which shall consist of the following departments:
the superior court department, the housing court department, the land court department,
the probate and family court department, the juvenile court department, and the
district court department. The trial court, as an administrative unit, shall consist
of no more than 378 justices and special justices. There shall be selected as
herein after provided, a chief justice for administration and management and a
chief justice for each of the departments of the trial court; provided however,
there shall be one chief justice who shall serve as the chief justice for the
district court department, including all divisions previously within the Boston
Municipal Court Department.
SECTION . Section 2 of said chapter 211B, as amended
by section 449 of chapter 26 of the acts of 2003, is hereby further amended by
striking the first sentence and inserting in place thereof the following sentence:-
There shall be 82 justices appointed to the superior court department, 10 justices
appointed to the housing court department, 6 justices appointed to the land court
department, 51 justices appointed to the probate and family court department,
41 justices appointed to the juvenile court department, and 188 justices appointed
to the district court department.
SECTION . Section 9A of said chapter 211B,
as appearing in the 2002 Official Edition, is hereby amended by striking, in line
28, the words "Boston municipal" and inserting in place thereof the
following:- district
SECTION . Section 10B of said chapter 211B, as so appearing,
is hereby amended by striking subparagraph (a) and inserting in place thereof
the following subparagraph:-
(a) The exclusive authority to select and appoint
assistant clerks in the district court, juvenile court and housing court shall
be vested in the clerks of said courts and such authority shall not be subject
to the review or approval of any other person, except as provided in this section.
SECTION . Section 13 of said chapter 211B, as so appearing, is hereby amended
in the first sentence by striking the following words:- Boston municipal
SECTION
. Said section 13 of said chapter 211B, as so appearing, is hereby further amended
in the second paragraph by striking the word "housing, and Boston municipal"
and inserting in place thereof the following:- and housing
SECTION . Section
17 of said chapter 211B, as so appearing, is hereby amended in the fourth sentence
of the second paragraph by striking the following words:- Boston municipal
SECTION . Paragraph (f) of section 3 of chapter 211E of the General Laws, as so
appearing, is hereby amended in the final sentence by striking the words "court,
district court, and the Boston municipal court" and inserting in place thereof
the following:- court and district court
SECTION . Chapter 218 of the General
Laws, as amended by section 1 of chapter 45 of the acts of 2003, is hereby further
amended by striking section 1 and inserting in place thereof the following section:-
Section 1. The district court department, established under section 1 of chapter
211B, shall consist of divisions, one for each of the judicial districts hereinafter
enumerated, and whenever the words "district court", "municipal
court", or "court" are used in this chapter, or some other clearly
contrary intent, such words shall refer to a division of the district court department.
Unless the context refers only to a person appointed to the municipal court of
the city of Boston or to a juvenile court, the words "justice" and "special
justice" shall mean, respectively, an associate justice and a special justice
of the trial court appointed to a division of the district court department; and
the words "clerk" or "clerk of court" shall mean the clerk
of such court; and the words "assistant clerk", "deputy assistant
clerk", "temporary clerk" or "temporary assistant clerk"
shall mean, respectively, an assistant clerk, deputy assistant clerk, temporary
clerk or temporary assistant clerk of such court.
The Boston municipal court
shall be a division of the district court department of the trial court. Except
where separate or contrary provisions with respect to the same subject matter
are made applicable to Boston municipal court in sections 50 to 56, the provisions
of this chapter relative to the divisions of the district court department shall
apply to the Boston municipal court. Whenever used in this chapter or other general
or special law, the words "Boston municipal court department", shall
mean the Boston municipal court division of the district court department of the
trial court established under chapter 211B. Whenever used in this chapter, the
words "chief justice", "chief justice of the Boston municipal court
department", or "chief justice of the department", shall mean the
chief justice of the district court department, unless the context clearly refers
to a chief justice of another department established under chapter 211B, the chief
justice for administration and management, or the chief justice of the supreme
judicial court.
The judicial districts of the Boston municipal court and of
the several other divisions of the district court department shall continue to
comprise the following cities, towns, wards and territory in the following counties
respectively.
Barnstable
The first district court of Barnstable, held
at Barnstable; Barnstable, Sandwich and Yarmouth. The second district court of
Barnstable, held at Orleans; Provincetown, Truro, Wellfleet, Eastham, Orleans,
Brewster, Chatham, Harwich and Dennis. The third district court of Barnstable,
held at Falmouth; Mashpee, Falmouth and Bourne. Cases of delinquent children under
sections 52 to 84, inclusive, of chapter 119 and petitions brought under sections
24 and 39E of chapter 119 are excepted from the jurisdiction of all of the above
courts of this county.
Berkshire
The district court of northern Berkshire,
held at Adams, North Adams and Williamstown; Adams, North Adams, Williamstown,
Clarksburg, Florida, New Ashford, Cheshire, Savoy, Hancock, and Windsor; the district
court of central Berkshire exercising concurrent jurisdiction in Windsor and Hancock.
The district court of central Berkshire, held at Pittsfield; Pittsfield, Hancock,
Lanesborough, Peru, Hinsdale, Dalton, Washington, Richmond, Lenox, Becket and
Windsor; the district court of southern Berkshire exercising concurrent jurisdiction
in Lenox and Becket and the district court of northern Berkshire exercising concurrent
jurisdiction in Windsor and Hancock.
The district court of southern Berkshire,
held at Great Barrington and Lee; Sheffield, Great Barrington, Egremont, Alford,
Mount Washington, Monterey, New Marlborough, Stockbridge, West Stockbridge, Sandisfield,
Lee, Tyringham, Otis, Lenox and Becket; the district court of central Berkshire
exercising concurrent jurisdiction in Lenox and Becket.
Cases of delinquent
children under sections 52 to 84, inclusive, of chapter 119 and petitions brought
under sections 24 and 39E of said chapter 119 are excepted from the jurisdiction
of all of the above courts of this county.
Bristol
The first district
court of Bristol, held at Taunton; Taunton, Rehoboth, Berkley, Dighton, Seekonk,
Easton and Raynham.
The second district court of Bristol, held at Fall River;
Fall River, Somerset, Swansea, Freetown and Westport; the third district court
of Bristol exercising concurrent jurisdiction in Freetown and Westport.
The
third district court of Bristol, held at New Bedford; New Bedford, Fairhaven,
Acushnet, Dartmouth, Freetown and Westport; the second district court of Bristol
exercising concurrent jurisdiction in Freetown and Westport.
The fourth district
court of Bristol, held at Attleboro; Attleboro, North Attleborough, Mansfield
and Norton.
Cases of delinquent children under sections 52 to 84, inclusive,
of chapter 119 and petitions brought under sections 24 and 39E of said chapter
119 are excepted from the jurisdiction of all of the above courts of this county.
Dukes County
The district court of Dukes County, held at Oak Bluffs, Edgartown
and Tisbury; Dukes County. Cases of delinquent children under sections 52 to 84,
inclusive, of chapter 119, and petitions brought under sections 24 and 39E of
said chapter 119, are excepted from the jurisdiction of the above court of this
county.
Essex
The first district court of Essex, held at Salem; Salem,
Beverly, Danvers, Middleton and Manchester-by-the-Sea.
The second district
of Essex, held at Ipswich; Ipswich, Hamilton, Topsfield and Wenham.
The central
district court of northern Essex, held at Haverhill; Haverhill, Groveland, Georgetown,
Boxford and West Newbury; the district court of Newburyport exercising concurrent
jurisdiction in West Newbury.
The district court of eastern Essex, held at
Gloucester; Gloucester, Rockport and Essex.
The district court of southern
Essex, held at Lynn; Lynn, Swampscott, Saugus, Marblehead and Nahant.
The
district court of Lawrence, held at Lawrence and Methuen; Lawrence, Andover, North
Andover and Methuen.
The district court of Newburyport, held at Newburyport;
Amesbury, Merrimac, Newbury, Newburyport, Rowley, Salisbury and West Newbury;
the central district court of northern Essex exercising concurrent jurisdiction
in West Newbury.
The district court of Peabody, held at Peabody; Peabody and
Lynnfield.
Cases of delinquent children under sections 52 to 84, inclusive,
of chapter 119 and petitions brought under sections 24 and 39E of said chapter
119 are excepted from the jurisdiction of all of the above courts of this county.
Franklin
The district court of Franklin, held at Greenfield, Franklin county,
except Orange and Erving; Warwick, Wendell; Leverett, Shutesbury and New Salem.
Sessions may also be held at Shelburne Falls in Shelburne and Buckland at such
times and places as the justice of said court may determine.
The district
court of eastern Franklin, held at Orange; Athol, Orange, Erving, Warwick, Wendell,
Leverett, Shutesbury and New Salem. Said court shall be held in Athol at least
one day each week of the year.
Cases of delinquent children under sections
52 to 84, inclusive, of chapter 119 and petitions brought under sections 24 and
39E of said chapter 119 are excepted from the jurisdiction of all of the above
courts of this county.
Hampden
The district court of eastern Hampden,
held at Palmer; Palmer, Brimfield, Hampden, Monson, Holland, Wales, Wilbraham,
Ludlow and East Longmeadow.
The district court of western Hampden, held at
Westfield and Chester; Westfield, Chester, Granville, Southwick, Russell, Blandford,
Tolland, Montgomery and Agawam.
The district court of Chicopee, held at Chicopee;
Chicopee.
The district court of Holyoke, held at Holyoke; Holyoke.
The
district court of Springfield, held at Springfield; Springfield, West Springfield
and Longmeadow.
Cases of delinquent children under sections 52 to 84, inclusive,
of chapter 119 and petitions brought under sections 24 and 39E of said chapter
119 are excepted from the jurisdiction of all of the above courts of this county.
Hampshire
The district court of Hampshire, held at Northampton, Cummington,
Huntington and Easthampton; Hampshire county, except Amherst, Belchertown, Granby,
Hadley, South Hadley, Pelham and Ware and any violation of law committed on the
land of the metropolitan district commission comprising the Quabbin reservation
or used for the supply or protection of the Quabbin reservoir.
The district
court of eastern Hampshire, held at Belchertown, Amherst, Granby, Hadley, South
Hadley, Pelham, Ware, and any violation of law committed on the land under the
care and control of the department of conservation and recreation comprising the
Quabbin reservation or used for the supply or protection of the Quabbin reservoir.
Cases of delinquent children under sections 52 to 84, inclusive, of chapter 119
and petitions brought under sections 24 and 39E of said chapter 119 are excepted
from the jurisdiction of all of the above courts of this county.
Middlesex
The district court of central Middlesex, held at Concord; Concord, Acton, Bedford,
Carlisle, Lincoln, Maynard, Stow, and Lexington.
The first district court
of northern Middlesex, held at Ayer; Ayer, Dunstable, Groton, Pepperell, Townsend,
Ashby, Shirley, Westford, Littleton, Boxborough and the Devens Regional Enterprise
Zone.
The first district court of eastern Middlesex, held at Malden; Malden,
Wakefield, Melrose and Everett.
The second district court of eastern Middlesex,
held at Waltham; Waltham, Watertown and Weston.
The third district court of
eastern Middlesex, held at Cambridge; Cambridge, Arlington and Belmont.
The
fourth district court of eastern Middlesex, held at Woburn; Woburn, Winchester,
Burlington, Wilmington, Stoneham, Reading and North Reading.
The first district
court of southern Middlesex, held at Framingham; Framingham, Ashland, Holliston,
Hopkinton Wayland, and Sudbury.
The district court of Lowell, held at Lowell;
Lowell, Billerica, Tewksbury, Dracut, Chelmsford and Tyngsborough.
The district
court of Marlborough, held at Marlborough; Marlborough and Hudson.
The district
court of Natick, held at Natick; Natick and Sherborn.
The district court of
Newton, held at Newton; Newton.
The district court of Somerville, held at
Somerville; Somerville and Medford.
Cases of delinquent children under sections
52 to 84, inclusive, of chapter 119 and petitions brought under sections 24 and
39E of said chapter 119 are excepted from the jurisdiction of all of the above
courts of this county.
Nantucket
The district court of Nantucket, held
at Nantucket; Nantucket county. Cases of delinquent children under sections 52
to 84, inclusive, of chapter 119 and petitions brought under sections 24 and 39E
of said chapter 119 are excepted from the jurisdiction of the above court of this
county.
Norfolk
The district court of northern Norfolk, held at Dedham;
Dedham, Dover, Norwood, Westwood, Medfield, Wellesley and Needham.
The district
court of East Norfolk, held at Quincy; Quincy, Braintree, Cohasset, Weymouth,
Holbrook, Randolph and Milton; and, in criminal cases, concurrently with the second
district court of Plymouth, that part of Scituate described in chapter 394 of
the acts of 1912. Arrests and service of process in such cases may be made by
an officer qualified to serve criminal process in Cohasset.
The district
court of southern Norfolk, held at Stoughton; Stoughton, Avon, Canton and Sharon.
The district court of Western Norfolk, held at Wrentham; Franklin, Walpole, Foxborough,
Medway, Millis, Norfolk, Wrentham and Plainville.
The municipal court of Brookline,
held at Brookline; Brookline.
Cases of delinquent children under sections
52 to 84, inclusive, of chapter 119 and petitions brought under sections 24 and
39E of said chapter 119 are excepted from the jurisdiction of all of the above
courts of this county.
Plymouth
The second district court of Plymouth,
held at Hingham; Hingham, Rockland, Hull, Hanover, Scituate and Norwell.
The
third district court of Plymouth, held at Plymouth; Plymouth, Kingston, Plympton,
Pembroke, Duxbury, Halifax, Hanson and Marshfield.
The fourth district court
of Plymouth, held at Wareham; Middleborough, Wareham, Lakeville, Marion, Mattapoisett,
Rochester and Carver.
The district court of Brockton, held at Brockton; Brockton,
Bridgewater, East Bridgewater, Whitman, Abington and West Bridgewater. Said court
may adjourn to the Massachusetts correction institution, Bridgewater, whenever
the public convenience seems to the first justice to render such adjournment expedient.
Cases of delinquent children under sections 52 to 84, inclusive, of chapter 119
and petitions brought under sections 24 and 39E of said chapter 119 are excepted
from the jurisdiction of all of the above courts of this county.
Suffolk
The municipal court of the city of Boston, held at Boston; wards 6, 7, 8, 9, 10,
11, 12, 16, 17 and 18 of Boston as they existed on February 1, 1882; and in criminal
cases, concurrently with the municipal courts of the Roxbury and Brighton districts,
the second and third district courts of eastern Middlesex and the district court
of Newton, respectively, so much of the Charles river basin, as defined in section
2 of chapter 524 of the acts of 1909, as affected by chapter 245 of the acts of
1916 as is within the districts of said courts.
The municipal court of the
Brighton district, held at Brighton in Boston; ward 25 of Boston as it existed
on February 1, 1882.
The municipal court of the Charlestown district, held
at Charlestown in Boston: wards 3, 4 and 5 of Boston as they existed on February
1, 1882; provided, however, that in criminal matters, said court shall have exclusive
jurisdiction in that part of said wards which is in so much of the Charles river
basin, as defined in section 2 of chapter 524 of the acts of 1909, as affected
by chapter 245 of the acts of 1916 under the care and control of the department
of conservation and recreation as is within the districts of said court.
The
district court of Chelsea, held at Chelsea; Chelsea, and Revere.
The municipal
court of the Dorchester district, held at Dorchester in Boston; ward 24 of Boston
as it existed on February 1, 1882, and the territory comprised within the limits
of precinct 12 of ward 13 of Boston as it existed on November 2, 1948.
The
East Boston district court, held at East Boston in Boston; Winthrop and wards
1 and 2 of Boston as they existed on March 1, 1886; provided, however, that said
court shall have territorial jurisdiction in matters that arise in the Sumner
tunnel and Lieutenant William F. Callahan, Jr. tunnel, including any property,
toll plazas and approach roads thereto under the ownership, care, custody and
control of the Massachusetts Turnpike Authority as provided in chapter 598 of
the acts of 1958.
The municipal court of the Roxbury district, held at Roxbury
in Boston; wards 19, 20, 21 and 22 of Boston as they existed on February 1, 1882,
excepting ward 10, save as hereinafter provided, as it existed on February 1,
1976; provided, however, that, notwithstanding any other law, said court shall
have jurisdiction over matters arising in precincts 1, 6 and 7 of ward 10.
The municipal court of the South Boston district, held at South Boston in Boston;
wards 13, 14 and 15 of Boston as they existed on February 1, 1882.
The municipal
court of the West Roxbury district, held at West Roxbury in Boston; ward 23 of
Boston as it existed on February 1, 1882, the territory comprised within the limits
of the former town of Hyde Park which was annexed to Boston by chapters 469 and
583 of the acts of 1911, and ward 10, except precincts 1, 6 and 7 of said ward
10, as existing on February 1, 1976.
Cases of delinquent children under sections
52 to 84, inclusive, of chapter 119 and petitions brought under sections 24 and
39E of said chapter 119 are excepted from the jurisdiction of all of the above
courts of this county. The juvenile court located in the city of Boston, heretofore
known as the Boston juvenile court, shall have the territorial jurisdiction provided
in section 57 and, with respect to children in Suffolk county, shall have exclusive
jurisdiction of petitions brought under said sections 24 and 39E of said chapter
119.
Worcester
The central district court of Worcester, held at Worcester;
Worcester, Auburn and Millbury.
The first district court of northern Worcester,
held at Gardner; Gardner, Petersham, Hubbardston and Westminster.
The first
district court of eastern Worcester, held at Westborough and Grafton; Westborough,
Grafton, Southborough, Northborough and Shrewsbury.
The second district court
of eastern Worcester, held at Clinton; Clinton, Berlin, Bolton, Boylston, Harvard,
Lancaster, Sterling and West Boylston.
The first district court of southern
Worcester, held at Southbridge and Webster; Southbridge, Webster, Sturbridge,
Charlton, Dudley and Oxford.
The second district court of southern Worcester,
held at Uxbridge; Uxbridge, Blackstone, Douglas, Northbridge, Millville and Sutton.
The third district court of Southern Worcester, held at Milford; Milford, Mendon,
Upton, Bellingham and Hopedale.
The district court of western Worcester, held
at North Brookfield; East Brookfield, Brookfield, Spencer, North Brookfield, West
Brookfield, Warren, Hardwick, Leicester, New Braintree, Barre, Oakham, Paxton
and Rutland. Said court may adjourn to any town within its district other than
North Brookfield whenever the public convenience seems to the presiding justice
to render such adjournment expedient.
The district court of Fitchburg, held
at Fitchburg; Fitchburg and Lunenburg.
The district court of Leominster, held
at Leominster; Leominster, Holden and Princeton.
The district court at Winchendon,
held at Winchendon; Winchendon, Ashburham, Phillipston, Royalston and Templeton.
Cases of delinquent children under sections 52 to 84, inclusive, of chapter 119
and petitions brought under sections 24 and 39E of said chapter 119 are excepted
from the jurisdiction of all of the above courts of this county.
Each division
of the district court department may be referred to by the name of the principal
place for the holding of that court.
SECTION . Section 43 of said chapter
218, as appearing in the 2002 Official Edition, is hereby amended by striking
the last sentence.
SECTION . Said chapter 218, as amended by section 478 of
chapter 26 of the acts of 2003, is hereby further amended by striking section
50 and inserting in place thereof the following section:-
Section 50. The
Boston municipal court division of the district court department shall consist
of 11 associate justices of the trial court appointed to said division.
The
chief justice of the district court department, subject to the approval of the
supreme judicial court and the chief justice for administration and management,
may make, from time to time, rules for regulating the practice and conducting
the business therein in all cases not expressly provided for by law.
The chief
justice of the district court department shall have the power to appoint the first
justice of the Boston municipal court in accordance with section 6.
SECTION
. Section 51A of said chapter 218, as amended by section 479 of chapter 26 of
the acts of 2003, is hereby repealed.
SECTION . Said chapter 218, as appearing
in the 2002 Official Edition, is hereby amended by striking section 52 and inserting
in place thereof the following section:-
Section 52. In addition to the powers
conferred in section 10 of chapter 211B, the chief justice of the district court
department may from time to time make assignments for the attendance of a justice
at the several times and places appointed for holding court. Said chief justice,
or, in case of his death, illness or incapacity, the first justice of the Boston
municipal court, if in his opinion the public business so requires, may provide
for additional sessions in the division, and for the appointment of special justices
to hold such additional sessions.
SECTION . Chapter 218 of the General Laws,
as amended by section 488 of chapter 26 of the acts of 2003, is hereby further
amended by striking section 70 and inserting in place thereof the following section:-
Section 70. Notwithstanding the provisions of any special or general law to the
contrary, there shall be one administrative office which shall provide administrative
support to both the district court department and the Boston municipal court located
within the city of Boston. Such administrative office may employ no more than
one tape librarian and two legal counsels, and such other personnel as deemed
necessary or appropriate by the chief justice of the district court department.
SECTION . Section 80A of said chapter 218, as amended by section 490 of chapter
26 of the acts of 2003, is hereby repealed."
Floor Number: 417 Clerk Number: 405
GPS TRACKING TECHNICAL
Mr. Panagiotakos moves to amend the bill in Section 2, in item 0339-1001, in line 13 by adding after the word "parole" the following words:- "and probation".
Floor Number: 418 Clerk Number: 545
OFFICE OF COMMISSIONER OF PROBATION
Mr. Creedon moves to amend the bill, Senate 2400 in section 2 in item 0339-1001, in lines 11, 12 and 13, by striking the words, "provided, that the commissioner shall expend $1,000,000 for the implementation of a global positioning system utilizing tamper-free ankle bracelets to track level 3 offenders actively on parole."
Mr. Creedon moves to further amend the bill in section 2 in item 8900-0001 in line 19, by inserting after the word "organization":- "provided further, that the department may provide up to $1,000,000 to the commissioner of probation for the implementation of a global positioning system utilizing tamper-free ankle bracelets to track high risk offenders including, but not limited to, level three sex offenders actively on probation and parole."
Floor Number: 419 Clerk Number: 526
TRIAL COURT-TECHNICAL CHANGE
Mr. Creedon moves to amend the bill, in Section 2, in item 0339-2100, by striking out the words "; provided, that the office shall be located at the Charlestown division of the Boston municipal court"
Floor Number: 420 Clerk Number: 590
TRIAL COURT-LAW CLERKS
Mr. Creedon moves to amend the bill, in Section 2, by adding after item 0330-0300 the following item:-
0330-0301 For the administrative office of the trial court for purposes of providing law clerks to the several departments of the trial court; provided, further that notwithstanding any general or special law to the contrary, funds appropriated to this item may not be transferred to any other item of appropriation within the trial court department…………….2,000,000
Floor Number: 421 Clerk Number: 536
BAIL LIEN AND RESTITUTION COLLECTION
Mr. Creedon moves to amend the bill, Senate 2400, by striking section 216 in its entirety.
Floor Number: 422 Clerk Number: 567
MIDDLESEX COUNTY INDIGENCY VERIFICATION PILOT PROGRAM
Mr. Creedon of Brockton moves to amend S. 2400 in section 247, in lines 6 and 7, by striking the words, "the committee for public counsel services shall enter into a service agreement with a consulting firm to" and inserting in place thereof the following:- "Probation shall"
By further amendment, Mr. Creedon moves to amend the bill in section 247, in lines 8 to 11, the words, "the consulting firm shall be selected through a competitive bidding process. The competitive bidding process shall require that all bidders be qualified and experienced in the use of information technology to achieve rapid and accurate retrieval of data comparable to the data needed for this program from systems comparable in size and scope to the systems being used as information resources in this program."
By further amendment, Mr. Creedon moves to amend the bill in section 247, in line 19, the words, "the consultant" and inserting in place thereof "probation."
By further amendment, Mr. Creedon moves to amend the bill in section 247, in line 23, the words, "and the consultant"
Floor Number: 423 Clerk Number: 5
NANTUCKET COUNTY PROBATE COURT ASSISTANT DEPUTY REGISTER
Mr. O'Leary moves to amend
the bill by inserting, after Section 362, the following new Section:-
"Section
___. Section 29B of Chapter 217 of the General Laws is hereby amended by striking
the last two sentences and inserting in place thereof the following:-
The
Judge may designate 1 employee as deputy assistant register with the same powers
as assistant register and may revoke any such designation at will. A deputy assistant
register shall receive as additional compensation, subject to appropriation, an
amount equal to 15 per cent of the annual salary of the Nantucket county register
of probate."
Floor Number: 424 Clerk Number: 46
CERTAIN EMPLOYEES OF THE MILFORD DISTRICT COURT
Mr. Moore moves to amend
the bill by adding at the end thereof the following new Section:- SECTION________.
Section 10 of Chapter 218 of the General Laws, as appearing in the 2002 Official
Edition, is hereby amended by inserting after line 24 the following:--
third
district court of Southern Worcester, provided, that said position shall only
be designated to a trial court employee in said court currently performing the
duties and functions of an assistant clerk and shall not be construed as adding
any additional positions to the trial court;"
Floor Number: 425 Clerk Number: 57
AN AMENDMENTt RELATIVE TO PROFESSIONAL LIABILITY INSURANCE.
Mr. Moore moves
to amend the bill by inserting at the end thereof the following new section:-
Section ______
SECTION 1. Chapter 175 of the Massachusetts
General Laws is hereby amended by the addition of the following new section:-
Section 193V. Every insurer or risk management organization which provides insurance
to a physician licensed under Chapter 112 of the Massachusetts General Laws shall
make an annual report to the Betsy Lehman Center for Patient Safety and Medical
Error Reduction established by Chapter 177 of the Acts of 2001. Said report shall
list the top ten categories of losses, claims or actions for damage for personal
injuries alleged to have been caused by error, omission or negligence in the performance
by physicians of medical services the company incurred during the previous calendar
year. Said report shall also identify the top ten defendant specialties as to
cost and frequency of cases in the prior year. Where applicable, organizations
shall include reports outlining losses and claims for non-physician health care
providers as well. Reports shall include completed cases and settlements only
and shall include no information identifying providers or patients. Reports shall
be provided to the center at its request under annual timelines and reporting
requirements established by the center with the input of the advisory committee
established in Chapter 6A Section 16E(C). The Center shall use this information
in the development of evidence-based best practices to reduce medical errors and
enhance patient safety as required by Chapter 6A Section 16E(e)1 and to increase
awareness of error prevention strategies through public and professional education
as required by Chapter 6A Section 16E(e)4.
SECTION 2.
Section 60B of Chapter 231 of the General Laws is hereby amended by striking the
fifth paragraph in its entirety and replacing it with the following text:
"Each such action for malpractice shall be heard by said tribunal within
fifteen days after the defendant's answer has been filed. Substantial evidence
shall mean such evidence as a reasonable person might accept as adequate to support
a conclusion. Admissible evidence shall include, but not be limited to, hospital
and medical records, nurses' notes, x-rays and other records kept in the usual
course of the practice of the health care provider without the necessity for other
identification or authentication, statements of fact or opinion on a subject contained
in a published treatise, periodical, book or pamphlet or statements by experts
who (1) hold a non-restricted license from a state licensing board recognized
by the Federation of State Medical Boards; (2) are currently board certified by
a specialty board approved by the American Board of Medical Specialties or of
the Advisory Board of Osteopathic Specialists from the major areas of clinical
services as the defendant physician; and (3) actively practice in the same specialty
as the defendant physician, without the necessity of such experts appearing at
said hearing. Statements by said experts shall be admissible at trial and said
experts shall be required to testify at trial. The tribunal may upon the application
of either party or upon its own decision summon or subpoena any such records or
individuals to substantiate or clarify any evidence which has been presented before
it and may appoint an impartial and qualified physician or surgeon or other related
professional person or expert to conduct any necessary professional or expert
examination of the claimant or relevant evidentiary matter and to report or to
testify as a witness thereto. Such a witness shall be allowed traveling expenses
and a reasonable fee to be fixed by the tribunal which shall be assessed as costs.
The testimony of said witness and the decision of the tribunal shall be admissible
as evidence at a trial."
SECTION 3. Chapter 231 of the General Laws is
hereby amended by adding the following new section:
Section
60K. In any action for malpractice, error or mistake against a provider of health
licensed pursuant to section 2 of Chapter 112, including actions pursuant to section
60B of this Chapter, expert witnesses are those who (1) hold a non-restricted
license from a state licensing board recognized by the Federation of State Medical
Boards; (2) are currently board certified by a specialty board approved by the
American Board of Medical Specialties or of the Advisory Board of Osteopathic
Specialists from the major areas of clinical services as the defendant physician.
SECTION 4. Chapter 231 of the General Laws is hereby amended by adding the following
new section:
Section 60L. In any action for malpractice, error, omission, mistake or the unauthorized rendering of professional services against a provider of health care, the liability of each defendant for damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of damages allocated to that defendant in direct proportion to that defendant's percentage of fault, and a separate judgment shall be rendered against that defendant for that amount.
SECTION 5. Chapter 231 of the General Laws is hereby amended by adding the following new section:
Section 60M. In any action for malpractice, negligence, error, omission, mistake or unauthorized rendering of professional services, other than actions brought under section two of chapter two hundred twenty-nine, against a provider of health care, in which a verdict is rendered or a finding made or an order for judgment made for pecuniary damages for personal injuries to the plaintiff or for consequential damages, there shall be added by the clerk of the court to the amount of damages interest thereon, at a rate to be determined as set forth below rather than the rate specified in section 6B of chapter two hundred thirty-one, from the date of the commencement of the action even though such interest brings the amount of the verdict or finding beyond the maximum liability imposed by law. The rate of interest to be applied by the clerk shall be at a rate equal to the coupon issue yield equivalent, as determined by the secretary of the treasury, of the average accepted auction price for the last auction of fifty-two week United States treasury bills settled immediately prior to the date on which the verdict is rendered or finding made or order made.
SECTION 6. There is hereby established a special commission, to consist of three members of the senate including minority representation, four members of the house of representatives including minority representation, the chief justice of the trial court or his designee, and five persons to be appointed by the governor, one of whom shall be a representative of the Massachusetts Bar Association, one of whom shall be a representative of the Massachusetts Medical Society, and one of whom shall be a consumer of health care who is not a doctor or lawyer. Said commission is hereby authorized and directed to conduct an investigation into the feasibility of creating a specialized court for purposes of administering medical malpractice claims. Said commission shall, in the course of its investigation and study, consider, among other things it considers relevant, specialty courts within Massachusetts, efficiencies to be gained, expertise and training needed by jurors and jurists, use of information technology, the use of medical legal advisory panels, use of regional sites, court staffing needs and such other matters as the commission may deem relevant. Appointed members of the commission shall not be considered special state employees for the purpose of compliance with Chapter 268A. The special commission shall submit a report to the governor, the speaker of the house of representatives, the senate president, and the chief justice of the supreme judicial court setting forth the special commission's findings, along with its recommendations and specific legislative proposals, no later than one year after the special commission's appointment. The special commission shall dissolve upon completion of its duties and obligations, as indicated by submission of its findings and recommendations.
Floor Number: 426 Clerk Number: 249
RELATIVE TO THE NEWTON DISTRICT COURT
Ms. Creem and Mr. Creedon move
to amend the bill (S.2400) by inserting after Section 210 the following new section:-
SECTION 210A. The fifteenth paragraph of section 10 of chapter 218 of the General
Laws, as amended by sections 464 and 465 of chapter 26 of the acts of 2003, is
hereby further amended by inserting after the words "the third district court
of eastern Middlesex," the following words: - the district court of Newton;
Floor Number: 427 Clerk Number: 417
SUBSTANCE ABUSE TREATMENT AND LOW LEVEL OFFENDERS
Ms. Wilkerson moves to amend the bill by inserting after Section 155 the following new sections: --
"Section ___. Chapter 111E of the General Laws is hereby amended by striking out the definition of "Drug dependent person" in lines 18 to 22, inclusive, of section 1, as appearing in the 2000 Official Edition, and inserting in place thereof the following:-
"Drug dependent person", a person, regardless of age, who is unable to function effectively and whose inability to do so causes, or results from, the use of a drug other than alcohol, tobacco or lawful beverages containing caffeine, and other than from a medically prescribed drug when such drug is medically indicated and the intake is proportioned to the medical need, or a person who is at risk of becoming drug dependent, as defined herein.
SECTION ___. Said chapter 111E of the General Laws, as so appearing, is hereby further amended by striking from section 10 the first paragraph and inserting in place thereof the following:-
Any defendant who is charged
with a drug offense shall, upon being brought before the court on such charge,
be informed that he is entitled to request an examination to determine whether
or not he is a drug dependent person who would benefit by treatment, and that
if he chooses to exercise such right he must do so in writing no less than five
days before trial.
SECTION ____. Said chapter 111E of the General Laws, as
so appearing, is hereby further amended by inserting at the end of the eighth
paragraph in section 10 thereof the following:-
"provided, however, that, where the offense charged is that of a sale or sale to a minor, no defendant may be assigned under this section unless that defendant is determined to be drug dependent, not merely at risk of becoming drug dependent."
SECTION ___. Said chapter 111E of the General Laws, as so appearing, is hereby further amended by striking from section 10 the last sentence and inserting in place thereof the following:-
"The provisions of this section shall not apply to a person charged with violating sections thirty?two to thirty?two G, inclusive, of chapter ninety?four C of the General Laws;
"provided, however, notwithstanding the provisions of section 32H of said chapter 94C or any other law to the contrary, the provisions of this section shall apply to a person charged with
a first or second offense of paragraph
(a) of section 32 of chapter 94C or a first offense of paragraph (b) of said section
32,
a first or second offense of paragraph (a) of section 32A of chapter
94C or a first offense of paragraph (b) of said section 32A,
a first or second
offense of paragraph (c) of section 32A of chapter 94C or a first offense of paragraph
(d) of said section 32A,
a first or second offense of paragraph (a) of section
32B of chapter 94C or a first offense of paragraph (b) of said section 32B,
a first or second offense of paragraph (a) of section 32C of chapter 94C or a
first offense of paragraph (b) of said section 32C, and
a first or second
offense of paragraph (a) of section 32D of chapter 94C or a first offense of paragraph
(b) of said section 32D."
Floor Number: 428 Clerk Number: 539
CLERK OF THE BOSTON MUNICIPAL COURT
Mr.
Creedon moves to amend the bill, Senate 2400, by adding the following the new
section at the end of the bill:
SECTION ____. Section 8 of chapter 218 of
the General Laws is hereby amended by striking out the first sentence and inserting
in place thereof the following sentence:--
Each district court shall have
a clerk and the central division of the Boston municipal court department shall
have one clerk as provided in. section 52A.
Mr. Creedon moves to further
amend the bill, Senate 2400, by adding the following the new section at the end
of the bill:
SECTION ____. Chapter 218 of the General Laws is hereby amended
by inserting the following new section:--
Section 52A. The central division
of the Boston municipal court department shall have one clerk for both criminal
and civil business. The position of clerk for civil business shall be abolished
when said position becomes vacant and the duties of such clerk shall be assumed
by the clerk for criminal business who shall be hereinafter the one clerk for
the said central division of the Boston municipal court department. Any reference
in any general or special law to a clerk of the Boston municipal court for civil
business shall be construed to refer to the one clerk of the central division
of the Boston municipal court department as proscribed herein.
Mr. Creedon
moves to further amend the bill, Senate 2400, by adding the following the new
section at the end of the bill:
SECTION ____. Said chapter 218 of the General
Laws is hereby further amended by striking out section 53 and inserting in place
thereof the following new section:--
Section 53. In the central division
of the Boston municipal court department, there shall be one clerk and the same
number of assistant clerks of said court as were authorized in statute on January
first, two thousand three. The assistant clerks shall be appointed by the clerk,
subject to the approval of the chief justice for administration and management
with respect to compliance with the personnel standards promulgated under section
eight of chapter two hundred and eleven B, and the clerk shall be responsible
for the doings of his assistants, and may remove them at his pleasure. The salary
of the clerk shall be seventy-five and forty-seven hundredths percent of the salary
of the chief justice of the department, and shall be paid, subject to appropriation,
by the commonwealth. The salaries of the assistant clerks shall be seventy-seven
percent of the salary of the clerk, and shall be paid, subject to appropriation,
by the commonwealth.
The clerk and assistant clerks shall devote their entire
time during ordinary business hours to their respective duties and shall not,
directly or indirectly, engage in the practice of law.
Each assistant clerk
of said court appointed to such position prior to January first, nineteen hundred
and eighty-seven and serving continuously thereafter, shall be entitled to thirty
days vacation and thirty days sick leave in each calendar year. Each such assistant
clerk may accumulate vacation leave and sick leave not used in any such year;
provided, however, that the number of vacation days so accumulated shall not exceed
sixty and the total amount of sick leave so accumulated shall not exceed one hundred
and eighty days; and provided, further, that no additional such days shall be
accumulated on or after said January first except in accordance with the policies
and procedures established by the chief justice for administration and management
pursuant to section eight of chapter two hundred and eleven B. All other clerks
and assistant clerks of said court shall be entitled to vacation leave and sick
leave in accordance with the policies and procedures established by the chief
justice for administration and management pursuant to said section eight.
Assistant clerks appointed under authority of this paragraph who have held said
appointment for three consecutive years shall hold office during good behavior,
but subject to applicable retirement laws, and may be removed by the clerk for
cause shown, subject to the procedures authorized by section eight of chapter
two hundred and eleven B.
The clerk may designate such employees in his office
as in his judgment may be necessary for the convenience of the public, as deputy
assistant clerks of said court who shall have the same authority to administer
oaths as the assistant clerks of said court.
Mr. Creedon moves to further
amend the bill, Senate 2400, by adding the following the new section at the end
of the bill:
SECTION ____. Said chapter 218 is hereby further amended by striking
out section 53A and inserting in place thereof the following new section:
Section 53A. In case of the absence, death or removal of a salaried assistant
clerk of the central division of the Boston municipal court department, the clerk
of said court may, subject to the approval of the chief justice, appoint a temporary
assistant clerk, to act until such assistant clerk resumes his duties or until
the vacancy is filled.
Mr. Creedon moves to further amend the bill, Senate
2400, by adding the following the new section at the end of the bill:
SECTION
____. Said chapter 218 is hereby further amended by striking out section 56 and
inserting the following new section:
Section 56. The clerk shall, on or before
the tenth day of each month, account for and pay over
to the collector of
the city of Boston or to the state treasurer, as the case may be, the balance
due and payable at the end of the preceding month of all money received by them
payable by law to the city of Boston or to the commonwealth, and shall render
to said officers a detail account thereof under oath. Violation of this section
shall be punished by a fine of not more than one hundred dollars.
Mr. Creedon
moves to further amend the bill, Senate 2400, by adding the following the new
section at the end of the bill:
SECTION ____. Section 75B of said chapter
218 is hereby amended by striking out the words "for criminal business".
Floor Number: 429 Clerk Number: 581
SALARY OF THE CLERK MAGISTRATE OF THE BARNSTABLE DISTRICT COURT
Mr.
Creedon moves to amend the bill, Senate 2400, by adding at the end thereof the
following section:
"SECTION Notwithstanding section 6 of chapter 218
of the acts of 2001, the acting clerk-magistrate of the Barnstable division of
the district court department shall receive the salary provided for in section
79 of chapter 218 of the General Laws from February 1, 2002 to April 10, 2002,
inclusive. The gross amount of salary differential for said time period shall
be $2,701."
And to further amend the bill in section 2, in line item 0332-1100, by striking out the figure "$518,876" and inserting in place thereof the figure "$521,577".
Floor Number: 430 Clerk Number: 588
COURTS
Mr.
Baddour moves to amend the bill inserting, after Section _____, the following
new Section: -
"SECTION ____. Section 1 of chapter 218 of the General
Laws, as appearing in section 453 of chapter 26 of the acts of 2003, is herby
amended by striking out the second paragraph, under the caption Essex.
B.
Provided further that said section l of said chapter 218, as so appearing, is
hereby further amended by striking out the fourth paragraph, under the caption
Essex, and inserting in place thereof the following paragraph:-
The district
court of eastern Essex, held at Gloucester; Essex, Gloucester, Hamilton, Ipswich,
Rockport, and Wenham.
C. Said section l of said chapter 218, as so appearing,
is hereby further amended by striking out the seventh paragraph, under the caption
Essex, and inserting in place thereof the following paragraph:-
The district
court of Newburyport, held at Newburyport; Amesbury, Merrimac, Newbury, Newburyport,
Rowley, Salisbury, Topsfield and West Newbury; the central district court of northern
Essex exercising concurrent jurisdiction in West Newbury.
D. Notwithstanding
any general or special law to the contrary, the incumbent clerk-magistrate of
the Ipswich division of the district court department of the trial court shall
be the clerk-magistrate of the Newburyport division of the district court department
of the trial court.
E. Any present employee of the Ipswich division of the
district court department of the trial court who has 20 or more years of service
to the commonwealth may retire at the maximum retirement benefits pursuant to
chapter 32 of the General Laws.
Floor Number: 431 Clerk Number: 675
REGISTER OF PROBATE
Mr.
Panagiotakos, Mr. Havern, Mr. Barrios, Mr. McGee and Mr, Shannon move to amend
the bill by adding at the end thereof the following new Section;
SECTION___.
Section 1. Section 23 of Chapter 217, of the General Laws as appearing in the
2002 Official Edition is hereby amended by deleting in line 1 the words "first
justice", and inserting in place thereof the word "register," and
in the second sentence by deleting the words "first justice" and inserting
in place thereof the word "register".
Section 2. Section 23A of
Chapter 217, of the General Laws as appearing in the 2002 Official Edition is
hereby amended in line 2 by deleting the words "first justice," and
inserting in place thereof the word "register,".
Section 3. Subclause
(a) of Section 10B of Chapter 211B of the General Laws, as appearing in the 2002
Official Edition, is hereby amended by striking out subclause (a) and inserting
in place thereof the following subclause:
(a) Notwithstanding any other provisions
of law to the contrary, the exclusive authority to select and appoint assistant
clerks, assistant registers, and deputy assistant registers in the district court,
juvenile court, housing court, Boston Municipal Court and the probate and family
court shall be vested in the clerks and registers of said courts and such authority
shall not be subject to the review or approval of any other person, except as
provided in this section.
Section 4. Section 27 of Chapter 217 of the
General Laws, as appearing in the 2002 Official Edition, is hereby amended in
line 2 by striking out the words "first justice," and inserting in place
thereof the word "register".
Floor Number: 432 Clerk Number: 726
RELATIVE TO SEXUAL PREDATORS
Ms.
Fargo moves to amend the bill by inserting, after Section__, the following new
Section: -
"SECTION__. Chapter 265 of the General Laws is hereby amended
by inserting after Section 13L the following section:-
Section 13M. A person
who uses, or causes to be used, an alias, fictitious name or fictitious identification
to deceive, mislead or otherwise hide the person's legal identity to another person
with the intent to lure, induce, solicit, or invite such other person for the
purpose to commit a sex offense shall be punished by imprisonment for not more
than 2 ½ years in a house of correction nor more than 5 years in state
prison or by a fine of not more than $5,000, or by both such fine and imprisonment.
The term "sex offense" for the purpose of this section shall have the
same respective meaning as defined in Section 178C of Chapter 6."
Floor Number: 433 Clerk Number: 94
PLAYGROUND RENOVATION GRANTS:
Mr. Tisei, Mr. Lees, Mr. Knapik, Mr. Tarr, and Mr. Brown move to amend the bill in section 2, by inserting after item 7004-0099 the following new item:-
"7004-1000 For the playground initiative fund, so-called, a grant program for cities and towns of the commonwealth, to provide up to $10,000 per grant for the acquisition, development, renovation of, or equipment for playgrounds or ball fields; provided, the grants shall be administered by the Department of Housing and Community Development and shall be awarded on a first-come-first serve basis to municipalities submitting applications meeting program requirements…...........$1,000,000"
Floor Number: 434 Clerk Number: 110
SPRINGFIELD NEIGHBORHOOD HOUSING SERVICES, INC.
Ms. Melconian moves to amend the bill in section 2, in item 7004-0099, by inserting after the words "Methuen-Arlington Neighborhood, Inc." the following: - "provided further that not less than $100,000 shall be expended for the Springfield Neighborhood Housing Services, Inc."
Floor Number: 435 Clerk Number: 348
NEIGHBORHOOD NETWORK CENTER
Mrs. Chandler moves to amend the bill,
in section 2, in item 7004-0099, by inserting at the end the following wording:-
"; provided further, that not less than $50,000 shall be expended for the
Pleasant Street Neighborhood Network Center in the City of Worcester".
Floor Number: 436 Clerk Number: 467
CEDAR GARDENS TASK FORCE
Mr. Brown and Mr. Magnani move to amend the bill, in section 2, item 7004-0099, by inserting after the words "community technology centers;" the following wording:- "provided further, that $50,000 may be expended for Cedar Gardens task force in Natick;"
Floor Number: 437 Clerk Number: 755
ROCKLAND COMMUNITY CENTER
Mr. Morrissey moves to amend the bill, in section 2, in line item 7004-0099 by inserting after the words "Methuen-Arlington Neighborhood, Inc." the following:- "provided further that no less then $100,000 shall be expended for the Rockland Community Center in the Town of Rockland."
Floor Number: 438 Clerk Number: 355
REGIONAL HOUSING CONSUMER EDUCATION CENTERS
Ms. Chandler, Ms. Creem, Mr. Havern, Mr. Brewer, Mr. Barrios, Mr. Tisei, and Mr. Nuciforo move to amend the bill, in section 2, in item 7004-3036, by striking out the figure "$400,000" and inserting in place thereof the following figure:-"$505,000".
Floor Number: 439 Clerk Number: 698
SMART GROWTH
Ms.
Resor moves to amend the bill (S. 2400) in section 103, by inserting at the end
thereof the following:-
"In a city or town that has established one or
more smart growth zoning districts approved by the department, the provisions
of the fourth, fifth and sixth paragraphs of section 6 of Chapter 40A, as the
provisions of those paragraphs may hereafter be amended, shall be inapplicable
as of the date the department approves an application for approval of the smart
growth zoning district or the date of establishment of the smart growth zoning
district by the city or town, whichever is later, and in their stead the following
provisions shall apply in such city or town:
Increases in lot area, frontage,
width, yard, or depth requirements of a zoning ordinance or by-law that render
a lot nonconfoming shall not apply to a lot for single or two-family residential
use provided that, on the date of the first publication of notice of the public
hearing required by section 5 of Chapter 40A on such ordinance or by-law, the
lot:
1. was shown or described as a separate lot on
a recorded plan or deed;
2. conformed to the then existing lot area, frontage,
width, yard and depth
requirements;
3. has at least 5,000 square feet
of area and 50 feet of frontage in the case of
a single-family residential
use;
4. has at least 7,500 square feet of area and 75 feet of frontage in
the case of
a two-family residential use;
5. is not held in common ownership
with any adjoining land; and .
6. has access to and frontage on a way having
in the opinion of the planning board sufficient widths, suitable grades and adequate
construction to provide for the needs of vehicular traffic in relation to the
proposed use of the land abutting thereon or served thereby; and, further provided
that any such lot which comes into common ownership with adjacent land shall be
merged and combined with the adjacent land for the purposes of this section. Common
ownership shall include lots held by separate legal entities or trusts which have
identical control and identical beneficial interests.
If a definitive plan, or a preliminary plan followed within 7 months by a definitive plan, is submitted to a planning board for approval under the subdivision control law, and written notice of such submission has been given to the city or town clerk before the first publication of notice of the public hearing required by section 5 of Chapter 40A on the adoption or amendment of the relevant zoning ordinance or bylaw, the plan shall be governed by the applicable provisions of the zoning ordinance or by-law, if any, in effect at the time of such submission during the time in which such plan or plans are being processed under the subdivision control law and, if such definitive plan or an amendment thereof is finally approved, for 3 years from the date of the endorsement of such approval. Such period shall be extended by a period equal to the time which a city or town imposes, or has imposed upon it by a state, a federal agency or a court, a moratorium on construction, the issuance of permits or utility connections. The provisions of this paragraph shall apply to any plan submitted after the first publication of notice of the public hearing required by section 5 of Chapter 40A on the adoption of the smart growth zoning district and the provisions of this paragraph shall remain in effect unless the city or town fails to establish one or more smart growth zoning districts approved by the department within six months from the date of the first publication of notice of said public hearing, or fails to remain eligible for a smart growth zoning district certificate of compliance issued pursuant to this chapter.
In a city or town that has established one or more smart growth zoning districts approved by the department the definition of "subdivision" contained in section 81L of chapter 41 shall not be effective or applicable to the subdivision control law in such city or town, as of the date the department approves the application for approval of the smart growth zoning district or the date of establishment of the smart growth district by the city or town, whichever is later, and in its stead the following definition of subdivision shall be effective and applicable to the subdivision control law, as defined in section 81K of chapter 41, in such city or town: "Subdivision" shall mean the division of a tract of land into 2 or more lots and shall include resubdivision, and, when appropriate to the context, shall relate to the process of subdivision or to the land or territory subdivided; provided, however, that the division of a tract of land into no more than 2 lots shall not be deemed to constitute a subdivision within the meaning of the subdivision control law if, at the time when it is made, every lot within the tract so divided has frontage on (a) a public way or a way which the clerk of the city or town certifies is maintained and used as a public way, or (b) a way shown on a plan theretofore approved and endorsed in accordance with the subdivision control law, or (c) a way in existence when the subdivision control law became effective in the city or town in which the land lies, provided that any such way has, in the opinion of the planning board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. Area and frontage shall be of at least such area and distance as is then required by zoning or other ordinance or by-law, if any, of said city or town for erection of a building on such lot, and if no area and distance is so required, such area shall be at least 5000 square feet and such frontage shall be at least 50 feet. Any plan showing such division shall include a statement that any further division of the land shown on such plan constitutes a subdivision that must comply with the rules and regulations of the planning board. Conveyances or other instruments adding to, taking away from, or changing the size and shape of lots in such a manner as not to leave any lot so affected without the area and frontage above set forth and without creating any new lots shall not constitute a subdivision."
Floor Number: 440 Clerk Number: 433
DCAM IV
Messrs.
Tisei, Tarr and Brown and Mrs. Sprague and Mr. Brown move that the bill be amended
in section 22 by striking out the words "Available revenues from the sale
of state surplus lands" and inserting in place thereof the following: -
Proceeds allocated by section 35BB of chapter 10 of the general laws, inserted
by section 236 of this Act
Floor Number: 441 Clerk Number: 672
DHCD CENTRAL WAIT LIST
Mr. Lees moves to amend the bill in Section 245 by striking out the Section in its entirety.
Floor Number: 442 Clerk Number: 739
ESTABLISHING A STATEWIDE, SINGLE APPLICATION SYSTEM FOR AFFORDABLE HOUSING RESOURCES
Mr.
Morrissey, Mr. Barrios, Ms. Wilkerson and Mr. Creedon move to amend the bill in
Section 245 by adding the following words after the word "any" in sentence
2:-
"additional".
Said Section is further amended by striking
the word "this" as it appears in sentence 2 and inserting in place thereof
the following words:-
"a statewide application".
Said Section
is further amended by striking out the words "March 31, 2005" as they
appear in sentence 5 and inserting in place thereof the following words:-
"October 1, 2004.".
Said Section is further amended by striking
out the words "December 31, 2005" as they appear in sentence 6 and inserting
in place thereof the following words:-
"March 31, 2005.".
Floor Number: 443 Clerk Number: 426
40B COUNTING FOR DMR AND DMH
Mr. Brown, Mr. Lees, Mr. Tisei, Mr. Knapik,
Mr. Tarr, Mr. Hedlund, Ms. Sprague, Mr. Joyce and Ms. Fargo move to amend the
bill by inserting, after Section 43, the following new Section:-
"SECTION
43A. A.) Section 15 of Chapter 19, of the General Laws, as appearing in the 2002
Official Edition, is hereby amended by adding the following clause:-
(k) to
collect and maintain information of the number of group home units in each community
and report such information, including the location of such group home units,
to the department of housing and community development on an annual basis. Such
location shall be held by the department of housing community development subject
to chapter 66A.
B.) Clause (b) of section 15 of chapter 19B of the General
Laws, as so appearing, is hereby amended by adding the following sentence:-
The department of mental retardation shall report the number of group home units
in each city or town on an annual basis to the department of housing and community
development. The department of mental retardation shall also report the location
of such group homes to the department of housing and community development. Such
location shall be held by the department of housing and community development
subject to chapter 66A.
C.) Section 20 of Chapter 40B of the General Laws,
as so appearing, is hereby amended by inserting in the following language at the
end thereof:-
"Group Homes", all group home units with twelve or
less residents of the department of mental health or the department of mental
retardation in each city or town as reported by said departments shall be reported
annually to the department of housing and community development and be eligible
to be included toward the city or town's affordable housing threshold."
Floor Number: 444 Clerk Number: 639
BOARD OF CONCILIATION AND ARBIRTATION
Mr. McGee of Lynn and Ms. Melconian of Springfield moves to amend the bill, in section 2, by striking out item 7002-0800 and inserting in place thereof the following item:-
7002-0800 For the operation of the board of conciliation & arbitration........... $725,978.
Floor Number: 445 Clerk Number: 200
WIDOW'S BENEFITS
Mr. Hart of Boston moves to amend the bill by inserting, after Section _________, the following new Section:-
"SECTION____. Section
1(1) of Chapter 152 of the General Laws, as appearing in the 2002 Official Edition,
is hereby amended by adding the following paragraph:
Section 1: For the purposes
of Section 35C, Section 32, and Section 31, the earnings of the employee shall
be determined as of the date of his last full time employment, irrespective of
whether that employer is subject to this chapter. Notwithstanding the prior voluntary
retirement of the employee, such earnings shall be considered wages upon which
the spouse is dependent at the time of the employee's death.
Section 2: For
purposes of Section 2A of Chapter 152 of the General Laws, Section 1 of this act,
above, shall be deemed to be procedural in character. "
Floor Number: 446 Clerk Number: 517
DIVISION OF BANKS
Mr. Nuciforo move to amend the bill (S.2400) in section 2, in item 7006-0010, by striking out the figure "10,596,006" and inserting in place thereof the following figure:- "10,831,630".
Floor Number: 447 Clerk Number: 434
DIVISION OF INSURANCE
Mr.
Lees and Mrs. Sprague move to amend the bill in item 7006-0020 at the end thereof
by striking the figure "$8,685,881" and inserting in place thereof the
figure "$9,779,622" and further moves to amend item 7006-0020 by striking
the figure "$8,685,881" in the last line thereof and inserting in place
thereof the figure "$9,779,622".
Floor Number: 448 Clerk Number: 591
AUTOMOBILE INSURERS APPRAISERS BOARD
Ms. Resor moves to amend the bill (S. 2400) by amending section 2, in line item 7006 - 0020, in line 16, by inserting after "regulations promulgated under section 2 of said chapter 218" the following:- "provided further that not less than $60,000 shall be allocated for administrative support personnel for the Automobile Insurers Appraisal Board."
Floor Number: 449 Clerk Number: 80
SMALL BUSINESS HEALTH INSURANCE ACCESSIBILITY:
Mr. Tisei, Mr. Lees,
Mr. Knapik, Mr. Tarr, Mr. Hedlund, Ms. Sprague, and Mr. Brown, move to amend the
bill by inserting, after Section 362, the following new section:-
"SECTION____.
Section 1 of Chapter 176J of the General Laws is hereby amended by inserting at
the end of the definition of "eligible small business" the following:-
Associations with a minimum of 100 persons that have been organized and maintained
in good faith for purposes other than that of obtaining insurance, as determined
by the commissioner, have a constitution and by-laws or other governing document
analogous thereto and have been in active existence for at least five years, shall
be exempt from the provisions of this chapter. Additionally, membership in said
association cannot be denied based on an individual's health condition and health
coverage cannot be denied due to health condition of any individual member in
order to maintain an exemption.
Floor Number: 450 Clerk
Number: 115
PREPAID LEGAL SERVICES
Mr. Glodis and Mr. Creedon move to amend the bill by inserting, after Section 362, the following new section:-
"SECTION ___. Section 17 of Chapter 176H of the General Laws, in the 2002 Official Edition, is hereby amended by inserting the following sentences at the end thereof:-
"Individuals exclusively selling legal service plans under this chapter shall be required to only pass a legal services examination administered by a company registered with the Commissioner under chapter 176H; provided that said examination shall be approved by the Commissioner. 'Legal services examination' for purposes of this section shall mean an examination which solely tests an applicant's knowledge of legal service plans and consumer protection laws regarding legal service plans."