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Floor Number: 551 Clerk Number: 418
REGIONAL TRANSIT AUTHORITIES II
Mr. Lees moved that the bill be amended in Section 30 by adding after the words "legislative body, respectively" the following words:- "subject to the approval of the secretary, subsequent to the notification of the advisory board to such authority by the secretary"
Floor Number: 552 Clerk Number: 7
SALE OF PROVIDENCE AND WORCESTER RAILS
Mr. Moore moved that the bill be amended by adding at the end thereof the following new Section:-
SECTION________. The Executive Office of Transportation is herby authorized and directed to sell, in accordance with rules and regulations promulgated by the Department of Capital Asset Management, the rails of the former Providence and Worcester Railroad right of way know as the Southbridge Secondary Track acquired by the Commonwealth as authorized by section 2B of the Chapter 235 of the Acts of 2000; provided further that any funds generated through this sale shall be deposited in a separate account to be expended at the discretion of the department to meet the operational costs associated with the design and construction of the so-called Quinebaug Valley Rail Trail.
Floor Number: 553 Clerk Number: 13
SPY POND
Mr. Havern moved that the bill be amended by adding the following section at the end thereof:-
"SECTION______. Provided further that the Massachusetts Highway Department allow the town of Arlington access to the land between route 2 and Spy Pond for the purposes of establishing a pumping station at Spy Pond."
Floor Number: 554 Clerk Number: 142
EDUCATIONAL TRANSPORTATION STUDY
Messrs. Moore and Tarr moved that the bill be amended by adding at the end thereof the following new Section:-
SECTION________. The Executive Office of Transportation shall conduct a comprehensive study of student transportation, in cooperation with the department of education, to determine a more cost-effective approach to transporting students to and from school and for other school related activities including, but not limited to the feasibility of establishing a school transportation authority with funding from a dedicated revenues source; the current level of state and local payments for transportation; the potential for assumption, in whole or in part, of the costs of special needs transportation; and changes in the laws and regulations relative to school transportation.
Floor Number: 555 Clerk Number: 221
Withdrawn
Floor Number: 556 Clerk Number: 357
COMMUTER BOAT HEARINGS
Messrs. Hedlund, Lees, Tarr, Tisei, Knapik and Brown moved that the bill be amended by adding, after Section 109, the following section: -
SECTION 110. Any commuter boat that receives a subsidy must hold a public hearing before any changes are made in scheduling and or rates.
Floor Number: 557 Clerk Number: 424
MBTA GREENBUSH COMMUTER LINE
Mr. Hedlund moved that the bill be amended by inserting, after Section 109, the following new Section: -
SECTION 110. Require the MBTA to use the minimum right away for all abutters along the Greenbush Line. Require the MBTA to locate fencing from Project STA 1254 to STA 1264. Require the MBTA to put solid wood fencing from STA 1254 to STA 1264 in lieu of the proposed six foot chain link fence. Require the MBTA to install a ballast mat from project STA 1259 to STA 2162.
Floor Number: 558 Clerk Number: 587
TRANSPORTATION BOND BILL - EQUITABLE CORRECTION
Messrs. Tarr, O'Leary, Lees, Hedlund and Brown moved that the bill be amended by inserting, after section 109, the following new section: -
"Section___. section 33 of chapter 291 of the acts of 2004 is hereby repealed."
Floor Number: 559 Clerk Number: 611
MBTA RIGHT OF WAY
Mr. Hedlund moved that the bill be amended by adding, after Section 109, the following section: -
SECTION 110. The Massachusetts Bay Transportation Authority shall grant the town of Cohasset access to the MBTA right of way on north side of Greenbush Commuter Rail tracks from the Cohasset Commuter Rail Station to King Road for the purpose of construction and utilizing a multi-use pedestrian access pathway.
Floor Number: 560 Clerk Number: 667
MASSPORT-CONSOLIDATED CAR RENTAL FACILITY
Mr. Tolman moved that the bill be amended by inserting, after Section 108, the following new Section:-
"SECTION 109. Notwithstanding any special or general law to the contrary, to prevent further environmental harm and increased risk to public safety caused by additional traffic congestion to the residents of the East Boston neighborhood in the city of Boston, the Massachusetts Port Authority shall not alter car rental operations as they existed on January 1, 2005, located at the Southwest Service Area of General Edward Lawrence Logan International Airport, in any manner until the completion of an environmental study analyzing the effect of any proposed change on the local community and potential remedies which may alleviate any environmental impact including, but not limited to, the creation of a consolidated car rental facility. Said study shall be completed in accordance with chapter 30, section 61 of the General Laws, notwithstanding any purported exemptions stated therein, and submitted for review no later than April 14, 2006."
Floor Number: 561 Clerk Number: 688
PRESIDENTIAL PASSAGEWAYS
Mr. Lees moved that the bill be amended by inserting, after Section ___, the following new Section:-
"Notwithstanding any general or special law to the contrary, all subterranean thoroughfares, including portions of the Central Artery/Tunnel Project shall have signage posted indicating to motorists, "Please 'TRAV'-el Safely!" "
Floor Number: 562 Clerk Number: 386
OPERATION OF THE AFFIRMATIVE MARKET PROGRAM
Mr. Tarr , Mr. Brown and Ms. Wilkerson moved that the bill be amended, in Section 2, in item by inserting after item 1775-0100 the following item:
"1775-0110 For the Operation of the Affirmative Market Program..............$300,000."
Floor Number: 563 Clerk Number: 14
UNDERGROUND STORAGE TANK PETROLEUM CLEANUP FUND
Mr. Havern moves to amend the bill by inserting the following new section at the end thereof:-
"SECTION____. There shall be established and set up on the books of the Commonwealth a separate fund to be known as the Underground Storage Tank Petroleum Cleanup Fund. There shall be credited to such fund: any fees, penalties, and other amounts collected pursuant to chapter twenty-one J; any appropriation, grant, gift, or other contribution explicitly made to such fund; and any interest earned on monies within the fund. Amounts credited to said fund shall be used, subject to appropriation, for the purposes set forth in chapter twenty-one J."
Floor Number: 564 Clerk Number: 119
PUBLIC RECORDS
Mr. Baddour moved that the bill be amended, after Section 109, the following new Section:-
"SECTION 110. Section 8 of chapter 149 of the acts of 2004 is hereby repealed.
Floor Number: 565 Clerk Number: 353
BUNKER HILL DAY
Mr. Lees, Hedlund and Knapik moved that the bill be amended by inserting, after Section ___, the following new Section:-
"SECTION ____. Section 7 of Chapter 4 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking the second sentence of clause eighteenth and inserting in place thereof the following:- "Legal holiday" shall also include, with respect to Suffolk county only, March seventeenth, or the day following when said days occur on Sunday; provided, however, that the words "legal holiday" as used in section forty-five of chapter one hundred and forty-nine shall not include March seventeenth, or the day following when said day occurs on a Sunday."
Floor Number: 566 Clerk Number: 397
EVACUATION DAY
Mr. Lees, Hedlund and Knapik moved that the bill be amended by inserting, after Section ___, the following new Section:-
"SECTION ____. Section 7 of Chapter 4 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking the second sentence of clause eighteenth and inserting in place thereof the following:- "Legal holiday" shall also include, with respect to Suffolk county only, June seventeenth, or the day following when said days occur on Sunday."
Floor Number: 567 Clerk Number: 411
NEW COMMONWEALTH HOLIDAYS
Mr. Lees, Tisei, Tarr, Hedlund, Knapik and Brown moved that the bill be amended by inserting, after Section ___, the following new Section:-
"SECTION ____. Section 7 of Chapter 4 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking the following words contained in lines 88 and 89 of clause eighteenth:- ", with respect to Suffolk county only,"
Floor Number: 568 Clerk Number: 537
WILLIAM J GORMLEY
Ms. Walsh moved that the bill be amended by inserting, after Section _____, the following new Section: -
"SECTION___. That for the purpose of discharging a moral obligation of the commonwealth, and after an appropriation has been made thereof, there shall be allowed and paid out of the state treasury to Colonel William J. Gormley, III, Massachusetts National Guard, the sum of $44,983.12 for legal expenses incurred by him in defending himself against a civil complaint initiated by former Adjunct General Raymond A. Vezina. Said civil complaint having been subsequently withdrawn after evidence demonstrated that Colonel Gormley acted property and in good faith in executing his duties and responsibilities as a member of the Massachusetts Militia.
Floor Number: 569 Clerk Number: 547
Withdrawn
Floor Number: 570 Clerk Number: 562
SWM CORRECTIVE AMENDMENT
Ms. Murray moved that the bill be amended, in Section 2, by striking out item 0340-1101, the first time it appears, and inserting in place thereof the following item:-
“0340-1001 For the overtime costs of state police officers assigned to the Cape and Islands district attorney’s office ......................................... $271,954
General Fund ............................................................ 11.80%
Highway Fund .......................................................... 88.20%”
And further moved to amend in said section 2, in item 1201-0160, by adding the following words:- “and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of the authorization or the most recent revenue estimate therefor as reported in the state accounting system for federal incentives and said network in accounts 1201-0161 and 1201-0410” .
And further moved to amend in said section 2, in item 1410-0012, by striking out, in line 17, the figure “$50,000” and inserting in place thereof the following figure:- “$100,000”.
And further moved to amend in said section 2, in item 1599-6901, by striking out, in line 8, the words “operational services division” and inserting in place thereof the words:- “executive office of health and human services,” and
further moved to amend in said section 2, in said item 1599-6901, by striking out , in line 11, the word “division” and inserting in place thereof the following words:- “executive office.
And further moved to amend in said section 2, in item 2820-0100, by inserting after the words, “fiscal year 2006 shall”, the following word:-not
and further moved to further amend in said section 2, in item 4000-0300,by inserting after the words “item 4000-1401 of this act” the following words:- “ In calculating rates of payment for children enrolled in MassHealth receiving inpatient services at acute care pediatric hospitals and pediatric subspecialty units as defined in section 1 of chapter 118G of the General Laws, the executive office of health and human services shall make a supplemental payment, if necessary, sufficient to assure that payment for inpatient cases with a case-mix acuity greater than 5.0 shall be at least equal to 85 per cent of the expenses incurred in providing services to those children”.
And further moved to amend in said section 2, in item 4200-0100, by adding the following words:- “and provided further, that not less than $1,250,000 shall be expended for the homeward bound program in the town of Brewster”.
And further moved to amend in said section 2, in item 4200-0200, by striking out the words “; and provided further, that not less than $1,250,000 shall be expended for the homeward bound program in the town of Brewster.”
And further moved to amend in said section 2, in item 4512-0500, by striking out, in line 5, the words “Doherty Dental” and inserting in the place thereof the following words:- “ Taunton Oral”.
And further moved to amend in said section 2, in item 7003-0702, by striking out the words, “ provided further, that not less than $250,000 shall be expended for education, career development and employment service programs operated by the Urban League of Massachusetts;” and inserting in place thereof the following:-
“provided further, that not less than $450,000 shall be expended for education, career development and employment service programs operated by the Urban League of Massachusetts;”.
And further moved to amend in said section 2, in item 7004-9024, by striking out “there shall be no maximum percentage applicable to the amount of income paid for rent by each household holding a mobile voucher or project-based voucher, but each household;” and inserting in place thereof the following words:- “each household holding a project-based voucher shall pay at least 30 per cent but not more than 35 per cent of its income as rent, and each household holding a mobile voucher”.
And further moved to amend in said section 2, in item 7010-0030, by striking out, in lines 2 to 7, inclusive, the words “, as amended by provisions of this act; provided, that funds shall be expended from this item to provide one time grants to ensure that no charter school receives less funding in fiscal year 2005 than it would have received had tuition been calculated pursuant to subsection (nn) of section 89 of chapter 71 of the General Laws as in effect prior to passage of this act.”
And further moved to amend in said section 2, in item 7061-0012, by striking out, in line 19, the figure, “$100,000” and inserting in place thereof the following figure:- “$200,000”.
And further moved to amend in said section 2, in item 7077-0023, by striking out the figure “$3,554,000” and inserting in place thereof the following figure:-$4,054,000
and further moved to further amend in said section 2, in item 8100-0000, by inserting after the word “Revere”, in line 26, the following word:- “Somerville”.
And further moved to amend by inserting after section 34 the following section:-
“SECTION 34A. Section 1A of chapter 152 of the acts of 1997 is hereby amended by inserting after item 1100-7985 the following item:-
1599-0018 For a grant to the town of Wakefield for the cleanup of Lake Quannapowitt, its shoreline, banks buffer zone and land in the vicinity thereof……………………..$500,000.”
And further moved to amend by inserting after section 36 the following section:-
“SECTION 36A. Item 2200-2015 of section 2 of chapter 236 of the acts of 2002 is hereby amended by striking out the words ‘provided, further, that $500,000 shall be expended for the clean up of Lake Quannapowitt, its shoreline, bank, buffer zone, and land in the vicinity thereof and enhance its future access and use, inserted by section 232 of chapter 149 of the acts of 2004”.
And further moved to amend by striking out section 42.
And further moved to amend by striking section 43 and inserting in place thereof the following section:-
SECTION 43. The first paragraph of subsection (a) of section 279 of said chapter 149 is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- This authorization shall only apply to the following rinks: Allied Veterans Memorial Rink, Everett; Connery Memorial Rink, Lynn; Cronin Memorial Rink, Revere; Porazzo Memorial Rink, East Boston district, Boston; Simoni Memorial Rink, Cambridge; Veterans Memorial Skating Rink, Arlington; Veterans Memorial Rink, Waltham; and Daly Memorial Rink, Brighton.
And further moved to amend in section 62 by adding striking out the last sentence and inserting in place thereof the following sentence:- To the extent permitted by MMA and regulations promulgated thereunder, and all other applicable federal law, the prescription advantage program may apply on behalf of a member for enrollment into a Medicare Part D plan or for the low-income subsidy provided under MMA and receive information about the member’s Medicare eligibility and enrollment status necessary for the operation of the prescription advantage program.
Floor Number: 571 Clerk Number: 573
REQUIRED REPORTING OF RETAINED REVENUE ACCOUNTS
Mr. Morrissey and Mr. Creedon moved that the bill be amended by inserting after section 105 the following new section:-
SECTION . Notwithstanding any general or special law to the contrary, every agency, commission, department, authority, and higher education facility of the Commonwealth, which has a retained revenue account, a revolving account or trust account, shall provide an itemized financial report on November 1 of each year to the House and Senate committees on ways and means, the House and Senate Clerk, and the Governor on expenditures made during the previous fiscal year from said accounts including the fiscal year balance; provided further that each commission, department, authority and higher education facility of the Commonwealth shall by January 1 of each year submit a proposal plan for the next fiscal year beginning the following July 1, which sets forth a spending plan for monies to be used from the retained revenue account, a revolving account or trust account, including the nature of the expense to the incurred and the amount of the fund used for programs and personnel costs.
Floor Number: 572 Clerk Number: 631
BIG DIG COST RECOVERY
Mr. Pacheco moved that the bill be amended by adding the following new sections:-
SECTION ____. Section 29A of chapter 29 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in lines 3 and 4, the words "and institutions" and inserting in place thereof the following words:- ,institutions and state Authorities.
SECTION ____. Said section 29A of said chapter 29, as so appearing, is hereby further amended by inserting after the sixth sentence the following sentence:- No state Authority shall contract for any such services without the prior written approval of the contract by the commissioner of administration.
SECTION ____. Said section 29A of said chapter 29, as so appearing, is hereby further amended by striking out, in line 33, the words "by the secretary having charge of such executive office".
SECTION ____. Chapter 30 of the General Laws is hereby amended by inserting after section 39S, inserted by section 2 of chapter 306 of the acts of 2004, the following section:- Section 39T. An owner controlled insurance policy relating to a public construction project with a project value of more than $10,000,000 shall not take effect until the attorney general, the commissioner of insurance and the inspector general each review it and signify approval in writing.
SECTION ____. Section 1 of chapter 260 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following clause:- Sixth, Actions upon contracts for public construction projects with a project value of greater than $250,000.
SECTION ____. Section 4 shall apply only to owner controlled insurance policies executed after the effective date of this act.
Floor Number: 573 Clerk Number: 686
CONVENTION CENTER
Mr. Hart moved that the bill be amended by inserting, after Section ________, the following new Section: -
"SECTION____. Subparagraph (b) of Section 15 of Chapter 152 of the Acts of 1997 is hereby amended by inserting after the third sentence the following:- In the event that the Authority and the private owner or operator do not enter into such a contract or an extension or renewal thereof or in the case of an initial contract pursuant to this section, have not entered into such a contract by September 30, 2005, then the Authority and the private owner or operator shall engage in binding mediation to determine the provisions of such an agreement with an arbitrator on the approved list of arbitrators of the American Arbitration Association with the costs of the arbitrator shared equally by the Authority and the private owner or operator."
Floor Number: 574 Clerk Number: 355
BUREAU OF STATE OFFICE BUILDINGS
Mr. Lees moved that the bill be amended, in Section 2, in item by inserting after line item 1102-3302 the following new line item:-
1102-3305 For the maintenance and joint operation of the state house under the jurisdiction of the state superintendent of buildings and the joint committee on rules of the house of representatives and the senate; provided, that the bureau shall work in coordination with the house of representatives and the senate relative to the maintenance, repair, purchases and payments for any and all materials and services required in the operation of the state house ........... $500,000
Floor Number: 575 Clerk Number: 543
DISABLED PERSONS PROTECTION COMMISSION
Mr. Morrissey moved that the bill be amended, in Section 2, in item 1107-2501 by striking out the figure "1,746,915" and inserting in place thereof the following;- "1,750,037".
Floor Number: 576 Clerk Number: 110
COMMUNITY CORRECTIONS CENTER
Mr. Panagiotakos moved that the bill be amended, in Section 2, in item 1102-3206, by striking the word "convey" and inserting in place thereof the words "transfer care and control of ", ;and by striking the words "current occupant of the premises" and inserting in place thereof the words "Middlesex Sheriff"
Floor Number: 577 Clerk Number: 210
SURPLUS STATE LAND
Ms. Fargo moved that the bill be amended in section 86, subsection (a) of the definition of "Surplus real property" by striking out the words, "parcels exceeding 25 acres" as appearing at the end of the last sentence and inserting in place thereof, the words: "any parcel of property which exceeds 25 acres as existing on May 1, 2005"; and further moved to amend said bill in section 86, subsection (h) by adding at the end of the paragraph of said subsection, the following sentences: "A city or town that has a right of first refusal or otherwise has a right to close on the property, at its own expense, may enter upon the property and any of its agents or contractors may enter upon the property, to conduct inspections, surveys, or tests customarily performed in real estate transactions for the type and nature of the property specified as surplus; provided, the commissioner is notified and consents to such inspection, survey or test, which consent shall not be unreasonably withheld. A city or town shall be responsible to the commonwealth for any damage to the property, and shall hold harmless the commonwealth from all losses arising out of a claim of any nature from a third party, which resulted from conducting any such inspection, survey or test.".
Floor Number: 578 Clerk Number: 211
SURPLUS STATE LAND AND LOCAL RIGHTS OF FIRST REFUSAL
Ms. Fargo moved that the bill be amended in section 86, subsection (h), by striking out the figure "90" as appearing in the second sentence of said subsection and inserting in place thereof the figure: "360".
Floor Number: 579 Clerk Number: 243
COMMISSION
Mr. Hart moved that the bill be amended by inserting, after Section __________, the following new Section: -
"SECTION______. Section 210 of Chapter 184 of the Statutes of 2002 is hereby amended by striking the period at the end of the second sentence and adding the following: "; and until the University and the Commission mutually agree to such compensation the Commission shall remain the right to possession of the taken parcel."
Floor Number: 580 Clerk Number: 294
SURPLUS PROPERTY DISPOSITION
Ms. Resor moved that the bill be amended by striking out Section 86 and inserting in place thereof the following new section:-
SECTION 86. (a) For the purposes of this section, the following terms shall have the following meanings, unless the context clearly requires otherwise:
“Commissioner”, the commissioner of capital asset management and maintenance.
“Net cash proceeds”, all payments paid to the commonwealth as and when paid, less any transaction-related expenses incurred by the division of capital asset management and maintenance for which it is not otherwise reimbursed, and less any amounts that may be owing to the federal government as a result of the disposition.
“Real property”, as defined in section 39A of chapter 7 of the General Laws.
“State agency”, as defined in said section 39A(v) of said chapter 7.
“Surplus land coordination committee”, the committee established by subsection (e).
“Surplus real property”, real property of the commonwealth: (1) previously determined to be surplus to current and foreseeable state needs pursuant to sections 40F or 40F½ of said chapter 7, but excluding real property for which there is an established local reuse plan; or (2) determined to be surplus to current and foreseeable state needs pursuant to this section or to section 548 of chapter 26 of the acts of 2003. This term shall not include property subject to Article 97 of the Amendments to the Constitution.
(b) Notwithstanding sections 40E to 40F½, inclusive, and 40H of said chapter 7, or any other general or special law to the contrary, the commissioner may sell, lease for a term not to exceed 99 years, transfer or otherwise dispose of surplus real property of the commonwealth, consistent with the determinations of the surplus land coordination committee, as specified in this section.
(c) In order to determine if specified real property is surplus to the current and foreseeable needs of the commonwealth, the commissioner shall convene the surplus land coordination committee. Said committee shall provide written notice and inquiry to the executive heads of state agencies and secretaries of the executive offices, who shall have 30 days to submit a written response indicating that the property is necessary for a specific current or foreseeable need of such agency. If no agency or executive office submits such a response within 30 days of the notice, the surplus land coordination committee may determine that the specified real property may be declared as surplus and direct the commissioner to dispose of it in accordance with this section. Alternatively, if a written response is timely received specifying a current or foreseeable need for the real property, the surplus land coordination committee shall, in consultation with commissioner, the secretary of administration and finance and with those responding affirmatively, determine whether the real property shall: (1) be made available for current use by a state agency, (2) be retained on account of a foreseeable use by a state agency, or (3) be declared surplus real property which may be disposed of pursuant to this section.
(d) When real property is determined by the surplus land coordination committee to be surplus to current state needs but not to foreseeable state needs, the committee shall direct the commissioner to take such necessary action to ensure that any disposition of the real property is temporary and maintains the commissioner’s ability to make such real property available to a state agency as needed.
(e) To facilitate inter-departmental communication within the executive branch concerning surplus property, there shall be a surplus land coordination committee. The committee shall consist of 1 representative appointed by each of the following: the secretary of the executive office for administration and finance, the commissioner of the division of capital asset management and maintenance, the chairman of the commonwealth development coordinating council, the secretary of the executive office of environmental affairs, the secretary of the executive office of transportation, the secretary of economic development and the director of the department of housing and community development. The committee shall meet at least quarterly and shall make determinations on all real property being considered for surplus designation and on the appropriate disposition of such property, including but not limited to whether the property should be declared surplus, the potential uses for the property, including its suitability for housing development or preservation as open space, and what restrictions, if any, should be considered on its use and development.
For parcels greater than 2 acres in size or initially valued at $1,000,000 or more, or when the committee considers it otherwise necessary for any particular parcel, the committee shall commission the regional planning agency for the area in which the parcel is located to conduct a smart growth review, which shall consider the need for a variety of housing options, jobs and open space; current and prospective zoning of the site; the need for municipal capital facilities and public uses, impact of traffic and transit; impact on the environment and natural resources and on agricultural lands; existence of historically significant structures; availability of infrastructure, including water supply, waste water and store water run-off; fiscal impact of development on the municipality where the parcel is located; remediation of contamination; and other smart growth implications. The regional planning agency shall complete this review and submit it to the committee within 60 days after the request for review. This review shall consider the local and regional implications of disposing of the parcel for a variety of prospective uses. If the smart growth review is not completed within 60 days the committee may direct the commissioner to dispose of the property in accordance with subsection (f). Reasonable costs incurred by the regional planning agency shall be considered part of any sale expenses paid for by the division, and shall be reimbursed from total commonwealth real property sale proceeds not to exceed $10,000 per parel reviewed.
(f) If the surplus land coordination committee determines that the specified real property is surplus, it shall direct the commissioner to: (1) provide written notice for each city or town in which the property is located to the city manager in the case of a city under Plan E form of government, the mayor and city council in the case of all other cities, the chairman of the board of selectmen in the case of a town, the county commissioners, the regional planning agency and the members of the general court representing the city or town in which the property is located as well as surrounding cities or towns; (2) declare it available for disposition, based on any restrictions identified by the committee on its use and development necessary to comply with the smart growth review and policies and principles established by the commonwealth development coordinating council established in section 8B of chapter 6A of the General Laws and other established state and local plans and policies; (3) conduct a public hearing in the municipality in which the property is located to consider potential reuses and appropriate restrictions if the property parcels exceeds 2 acres or the city or town in which the property is located requests that a hearing should be held for a smaller parcel and provide reasonable public notice in advance of the hearing; and (4) ensure that any deed, lease or other disposition agreement sets forth all such reuse restrictions, provides for effective remedies on behalf of the commonwealth and provides, in the event of a failure to comply with the reuse restrictions by the grantee, lessee or other recipient, that such title or lesser interest as may have been conveyed shall immediately revert to the commonwealth.
(g) The commissioner shall establish the value of surplus real property using customarily accepted appraisal methodologies. The value shall be calculated both: (1) for the highest and best use of the property as may be encumbered, and (2) subject to uses, restrictions and encumbrances defined by the commissioner. In no instance in which the commonwealth retains responsibility for maintaining the said property shall the terms provide for payment of less than the annual maintenance costs.
(h) Before disposing of the surplus property, consistent with the determinations of the surplus lands committee, the commissioner shall provide to each city or town in which the property is located a written right of first refusal to purchase the surplus property on the conditions established in section (f) and at 80 per cent of the value established in subsection (g). This right of first refusal must be exercised, if at all, by the town or city within 90 days after this notice by giving written notification to the commissioner. Upon exercise of the right of first refusal, the city or town shall have an additional 180 days to close the purchase of such property. If the city or town fails to close the purchase of such property within that time, the sole remedy of the commonwealth against the city or town for this failure shall be to proceed with the disposition of the surplus property without further right of purchase by the city or town and the elimination of any requirement to share proceeds of the sale with the city or town as provided in subsection (p). The commissioner shall have authority to accept a flexible payment schedule at his discretion.
If a town meeting or city council has approved to hold a vote for debt exclusion pursuant to section 21C of chapter 29 of the General Laws, commonly known as a Proposition 2 ½ debt exclusion, to finance the surplus real property purchase, the date by which the town must exercise its option to purchase will be extended until seven days after the vote.
A municipality shall have the right to assign its right of first refusal under this subsection to a nonprofit organization, including a community development corporation as defined in chapter 40F, or a nonprofit conservation organization. The assignee shall have 180 days from the date the city or town was notified of its right of first refusal to: 1) sign a purchase and sale agreement, 2) submit a deposit of five percent of the purchase price, and 3) submit an affidavit signed before a notary public under penalty of perjury that the nonprofit organization will use the land in a manner consistent with the restrictions and affirmative obligations imposed by the commonwealth. The assignee shall have 60 days to close on the purchase of the property from the date on which the assignee signs the purchase and sale agreement. In the event the assignee fails to close the purchase of such property within such time, the assignee shall forfeit its deposit, and the commissioner shall proceed with the disposition of the property.
(i) If the city or town has not exercised or assigned its right of first refusal, or has failed to close in a timely manner if such right was exercised, the commissioner shall dispose of surplus real property utilizing appropriate competitive processes and procedures. Such competitive processes may include, but are not limited to, absolute auction, sealed bids and requests for price and development proposals. At least 30 days before the date of an auction or the date on which bids, proposals or other offers to purchase or lease surplus real property are due, the commissioner shall place a notice in the central register published by the state secretary pursuant to section 20A of chapter 9 stating the availability of such property, the nature of the competitive process and other information deemed relevant, including the time and location of the auction, the submission of bids or proposals and the opening thereof. (j) The commissioner shall place a notice in the central register identifying the individual or firm selected as party to such real property transaction, along with the amount of such transaction. If the commissioner accepts an amount below the value calculated under subsection (g), he shall include the justification therefor, specifying the difference between the calculated value and the price received.
(k) No agreement for the sale, lease, transfer or other disposition of surplus real property and no deed executed by or on behalf of the commonwealth, shall be valid unless such agreement or deed contains the following certification, signed by the commissioner:
“The undersigned certifies under penalties of perjury that I have fully complied with section ___ of chapter___ of the acts of 2005 in connection with the property described herein.”
(l) No agreement for the sale, lease, transfer or other disposition of surplus real property shall be valid unless the purchaser or lessee has executed and filed with the commissioner the statement required by section 40J of chapter 7 of the General Laws.
(m) The grantee or lessee of any surplus real property shall be responsible for all costs including, but not limited to, appraisals, surveys, plans, recordings and any other expenses relating to the transfer, as shall be considered necessary by the commissioner.
(n) This section shall not apply to the disposition of real property that is the subject of a special act having an effective date before July 1, 2003.
(o) The authority granted to the commissioner by this section shall cease as of June 30, 2008, but the commissioner may complete any transaction for which agreements have been signed and delivered on or before that date.
(p) Funds from the net cash proceeds of dispositions of surplus property pursuant to this section shall be allocated as follows: (1) 10 per cent of the net cash proceeds of each transaction shall be paid to the city or town in which the property is located if the city or town did not exercise its right of first refusal, whether or not the transaction thereafter closed; but that city or town may receive up to a total 25 per cent of the net cash proceeds of a transaction if the municipality has taken affirmative actions in furtherance of the commonwealth’s objectives for the parcel, consistent with smart growth and subject to regulations promulgated by the division in consultation with the commonwealth development coordinating council no later than October 1, 2005; (2) after distribution of net cash proceeds to cities and towns pursuant to clause (1), the first $5 million shall be deposited in the General Fund; (3) 50 per cent of the next $10 million shall be deposited in the Smart Growth Housing Trust Fund established in section 35AA of chapter 10 of the General Laws, and 50 per cent shall be deposited in the General Fund; and (4) the remaining net cash proceeds shall be deposited in the Smart Growth Housing Trust Fund. Funds shall include any surplus real property sales generated during the entire three year period that this section is in effect, and shall not reset annually.
Floor Number: 581 Clerk Number: 311
STOUGHTON ARMORY
Mr. Joyce moved that the bill be amended by inserting, after Section_____, the following new Section:-
SECTION___. The commission of the division of capital asset management and maintenance shall convey to the town of Stoughton, for nominal consideration, notwithstanding sections 40F to 40J, inclusive, of chapter 7 of the General Laws, or any other general or special law or rule or regulation to the contrary, by deed, a parcel of state owned land located in the town, formerly under the care and control of the armory commission. The parcel is shown as parcel 42 on town assessor's map 81.
Floor Number: 582 Clerk Number: 341
COHASSET WATER DEPARTMENT AND MASS HIGHWAY
Mr. Hedlund moved that the bill be amended by inserting, after Section 109, the following new Section: -
SECTION 110. The town of Cohasset water department is hereby granted a permanent easement within the Massachusetts highway department's maintenance site and access easement on or near Crocker lane in the town of Cohasset, to allow the Cohasset water department vehicular and pedestrian access to the Scituate Hill water storage tank at all times. Said easement being shown on a plan entitled "Easement Plan of Land for Off Crocker Lane in Cohasset, Mass.," dated November 29, 2004, Ross Engineering Company Inc., Professional Engineers - Land Surveyors.
Floor Number: 583 Clerk Number: 372
MIDDLESEX LAND
Ms. Fargo moved that the bill be amended by inserting, after Section 109, the following new Section: -
"SECTION__. Notwithstanding sections 40F to 40J, inclusive, of chapter 7 of the General Laws or any other general or special law or rule or regulation to the contrary, the commissioner of the division of capital asset management and maintenance shall transfer the custody, care and control of a parcel of state-owned land known as Lot 1 formerly under the care and control of the Middlesex County Hospital to the department of conservation and recreation for natural resource purposes. The parcel, as shown on a deed as 53.953 acres and dated April 22,1997 and recorded in the Middlesex County Registry of Deeds book 5351 pages 199 and 202, was conveyed by Middlesex County to the commonwealth. Said department may enter into an agreement with the town of Lexington, city of Waltham, or private non-profit conservation organizations for restoring and maintaining the parcel as public open space."
Floor Number: 584 Clerk Number: 402
HINGHAM LAND TRANSFER
Mr. Hedlund moved that the bill be amended by inserting, after Section 109, the following new section: -
SECTION 110. The division of capital asset management and maintenance is hereby authorized to transfer from the Massachusetts Highway Department to the town of Hingham, use of and responsibility for a parcel of land containing 15.73+ acres of land, located in the town of Hingham. The exact size and boundaries of the parcel to be so transferred shall be determined by the division of capital asset management and maintenance. Transfer of said parcel shall be without consideration and shall not be subject to the provisions of chapter 7 of the General Laws.
Floor Number: 585 Clerk Number: 574
RELATIVE TO THE DISPOSITION OF SURPLUS LAND OF DMH OR DMR
Ms. Creem and Mr. Tolman moved that the bill be amended in Section 86 by adding at the end thereof the following new paragraph:-
“(q) Notwithstanding paragraph (p) not less than 50 per cent of the net cash proceeds derived from the sale, lease, sublease, granting of easements or other conveyances related to any state mental health facility or state mental retardation facility declared to be urplus by the department of capital asset management and maintenance shall be deposited into the State Mental Health Facilities Disposition Fund or the State Mental Retardation Facilities Disposition Fund as established by section 2 NNN of chapter 29 of the General Laws. The remainder of such net cash proceeds shall be allocated in accordance with paragraph (p), provided that the city or town in which the property is located shall receive from such remaining net cash proceeds, to the extent possible, the full amount it would have received notwithstanding this paragraph.
And said Senator moved to further amend the bill by inserting, after Section _____, the following new Section: -
SECTION ____. Chapter 29 of the General Laws, as appearing in the 2002 Official Editon, is hereby amended by inserting after section 2 MMM the following section: -
"Section 2 NNN. There shall be established and set up on the books of the commonwealth two separate funds to be known as the State Mental Health Facilities Disposition Fund and the State Mental Retardation Facilities Disposition Fund to be expended, subject to appropriation, by the department of mental health and the department of mental retardation respectively. Notwithstanding section 548 of chapter 28 of the acts of 2003 or any other law or act to the contrary, the funds shall consist of not less than 50 per cent of monies derived from the sale, lease, sublease, granting of easements or other conveyances related to any state mental health facility or state mental
retardation facility declared to be a surplus by the department of capital asset management and maintenance. Monies deposited into the funds shall be expended exclusively by the department of mental health and the department of mental retardation respectively to provide, develop and support housing for individuals who are clients of the department of mental health and the department of mental retardation. The books and records of the State Mental Health Facilities Disposition Fund and State Mental Retardation Disposition Fund shall be subject to a biennial audit by the state auditor. No expenditure from said funds shall cause said funds to be in deficiency at the close of a fiscal year."
Floor Number: 586 Clerk Number: 694
SURPLUS PROPERTY DISPOSITION
Mr. Montigny moved that the bill be amended by striking section 86 in its entirety and inserting in place thereof, the following section:-
“Section 86. (a) For the purposes of this section, the following terms shall have the following meanings, unless the context clearly requires otherwise:
“Commissioner”, the commissioner of capital asset management and maintenance.
“Net cash proceeds”, all payments paid to the commonwealth as and when paid, less any transaction-related expenses incurred by the division of capital asset management and maintenance for which it is not otherwise reimbursed, and less any amounts that may be owing to the federal government as a result of the disposition.
“Real property”, as defined in section 39A of chapter 7 of the General Laws.
“State agency”, as defined in said section 39A(v) of said chapter 7.
“Surplus land coordination committee”, the committee established by subsection (e).. c
“Surplus real property”, real property of the commonwealth: (1) previously determined to be surplus to current and foreseeable state needs pursuant to sections 40F or 40F½ of said chapter 7, but excluding real property for which there is an established local reuse plan; or (2) determined to be surplus to current and foreseeable state needs pursuant to this section or to section 548 of chapter 26 of the acts of 2003. This term shall not include property subject to Article 97 of the Amendments to the Constitution and shall not include any parcel of property which exceeds 25 acres as existing on May 1, 2005 and shall not include any parcel which, after May 1, 2005 , is acquired or is acquired and contiguous with other property owned by the commonwealth, which combined, exceeds 25 acres.
(b) Notwithstanding sections 40E to 40F½, inclusive, and 40H of said chapter 7, or any other general or special law to the contrary, the commissioner may sell, lease for a term not to exceed 99 years, transfer or otherwise dispose of surplus real property of the commonwealth, as specified in this section.
(c) In order to determine if specified real property is surplus to the current and foreseeable needs of the commonwealth, the commissioner shall provide written notice and inquiry to the executive heads of state agencies and secretaries of the executive offices, who shall have 30 days to submit a written response indicating that the property is necessary for a specific current or foreseeable need of such agency. If no agency or executive office submits such a response within 30 days of the notice, the commissioner in consultation with the surplus land coordination committee may declare the property as surplus and dispose of it in accordance with this section. Alternatively, if a written response is timely received specifying a current or foreseeable need for the real property, the commissioner shall, in consultation with the secretary of administration and finance, the surplus land coordination committee and with those responding affirmatively, determine whether the real property shall: (1) be made available for current use by a state agency, (2) be retained on account of a foreseeable use by a state agency, or (3) be declared surplus real property which may be disposed of pursuant to this section.
(d) When real property is determined to be surplus to current state needs but not to foreseeable state needs, the commissioner shall take such necessary action to ensure that any disposition of the real property is temporary and maintains the commissioner’s ability to make such real property available to a state agency as needed.
(e) There shall be a surplus land coordination committee. The committee shall consist of representatives appointed as follows: one by the commissioner of the department of capital asset management and maintenance; one by the secretary of the executive office of environmental affairs, one by the Massachusetts association of regional planning agencies; one by the chairman of the commonwealth development coordinating council; and one by the executive director of the Massachusetts municipal association. All representatives shall serve for a renewable three year term. The committee shall meet at least quarterly and shall advise the commissioner on all real property being considered for surplus designation and on the appropriate disposition of such property, including but not limited to whether the property should be declared surplus, the potential uses for the property, including its suitability for housing development or preservation as open space, and what restrictions, if any, should be considered on its use and development. The commissioner shall send to the house and senate chairs of the committee on bonding, capital expenditures and state assets and the committees on ways and means, a detailed list of all property being considered for surplus by the surplus land coordination committee and recommendation for disposition of the property and its potential uses; the list shall be sent by the commissioner on a quarterly basis and within 14 days after any advisory meeting with the committee.
The regional planning agency will have 60 days from notification by the commissioner to submit in writing, the review to the commissioner, the surplus land coordination committee, and the Chairs of the Joint Committee on Bonding, Capital Expenditures and State Assets, and to make the review available to all parties listed under subsection (f) subparagraph (1). Reasonable costs incurred by the regional planning agency shall be considered part of sale expenses paid for by the division, and reimbursed from total commonwealth real property sale proceeds not to exceed $3,000 per parcel reviewed.
(f) If the commissioner or, for parcels greater than 2 acres in size or initially valued at $2,000,000 or more, determines that the real property is surplus, the commissioner shall: (1) provide written notice for each city or town in which the property is located to the city manager in the case of a city under Plan E form of government, the mayor and city council in the case of all other cities, the chairman of the board of selectmen in the case of a town, the county commissioners, the regional planning agency and the members of the general court representing the city or town in which the property is located as well as surrounding cities or towns; (2) declare it available for disposition and identify any restrictions on its use and development necessary to comply with the policies and principles established by the commonwealth development coordinating council established in section 8B of chapter 6A of the General Laws and take into consideration other established state and local plans and policies and any recommendations or comments, from a city or town in which the property is located and from any member of the general court representing the city or town where the property is located; (3) conduct a public hearing in the municipality in which the property is located to consider potential reuses and appropriate restrictions if the property parcels exceeds 2 acres or if the commissioner determines or the city or town in which the property is located requests that a hearing should be held for a smaller parcel and provide reasonable public notice and written notice to all parties listed under subsection (f) subparagraph (1); and (4) ensure that any deed, lease or other disposition agreement sets forth all such reuse restrictions, provides for effective remedies on behalf of the commonwealth and provides, in the event of a failure to comply with the reuse restrictions by the grantee, lessee or other recipient, that such title or lesser interest as may have been conveyed shall immediately revert to the commonwealth.
(g) The commissioner shall establish the value of surplus real property using customarily accepted appraisal methodologies. The value shall be calculated both: (1) for the highest and best use of the property as may be encumbered, and (2) subject to uses, restrictions and encumbrances defined by the commissioner. In no instance in which the commonwealth retains responsibility for maintaining the said property shall the terms provide for payment of less than the annual maintenance costs.
(h) Before disposing of the surplus property, the commissioner shall provide to each city or town in which the property is located a written right of first refusal to purchase the surplus property on the conditions established in section (f) and at 85 per cent of the value established in subsection (g). A city or town that has a right of first refusal or otherwise has a right to close on the property, at its own expense, may enter upon the property and any of its agents or contractors may enter upon the property, to conduct inspections, surveys, or tests customarily performed in real estate transactions for the type and nature of the property specified as surplus; provided, the commissioner is notified and consents to such inspection, survey or test, which consent shall not be unreasonably withheld. A city or town shall be responsible to the commonwealth for any damage to the property, and shall hold harmless the commonwealth from all losses arising out of a claim of any nature from a third party, which resulted from conducting any such inspection, survey or test. The commissioner shall have the authority to accept flexible payment schedule at his discretion. This right of first refusal must be exercised, if at all, by the town or city or its assignee within 120 days after this notice by giving written notification to the commissioner except that if a town meeting or city council has approved to hold a vote for debt exclusion pursuant to section 21C of chapter 59 of the General Laws, commonly known as Proposition 2 ½ debt exclusion, to finance the surplus real property purchase the date by which the town must exercise its option to purchase will be extended until seven days after the vote; provided that said final vote relative to debt exclusion take place within 180 days from the date of the town meeting or city council approval of said vote. Upon exercise of the right of first refusal, the city or town or its assignee shall have an additional 150 days to close the purchase of such property. If the city or town or its assignee fails to close the purchase of such property within that time, the sole remedy of the commonwealth against the city or town for this failure shall be to proceed with the disposition of the surplus property without further right of purchase by the city or town and the elimination of any requirement to share proceeds of the sale with the city or town as provided in subsection (p).
(h)(i) The municipality shall also be able to assign its right of first refusal within the required time periods as established pursuant to subsection (h) to a not for profit organization who shall be entitled to purchase the property for the same price and according to the same terms which would apply to a sale to a municipality under this section. If the municipality or its assignee acquires any portion of the property for open space purposes, or if any portion of the property is restricted for open space purposes, a conservation restriction pursuant to chapter 184 of the General Laws shall be retained by the commonwealth on such parcels.
(i) If the city or town has not exercised or assigned its right of first refusal, or has failed to close in a timely manner if such right was exercised, the commissioner shall dispose of surplus real property utilizing appropriate competitive processes and procedures. Such competitive processes may include, but are not limited to, absolute auction, sealed bids and requests for price and development proposals. At least 30 days before the date of an auction or the date on which bids, proposals or other offers to purchase or lease surplus real property are due, the commissioner shall place a notice in the central register published by the state secretary pursuant to section 20A of chapter 9 stating the availability of such property, the nature of the competitive process and other information deemed relevant, including the time and location of the auction, the submission of bids or proposals and the opening thereof.
(j) The commissioner shall place a notice in the central register and notify in writing, all parties listed under subsection (f) subparagraph (1, identifying the individual or firm selected as party to such real property transaction, along with the amount of such transaction. If the commissioner accepts an amount below the value calculated under subsection (g), he shall include the justification therefore, specifying the difference between the calculated value and the price received.
(k) No agreement for the sale, lease, transfer or other disposition of surplus real property and no deed executed by or on behalf of the Commonwealth, shall be valid unless such agreement or deed contains the following certification, signed by the commissioner:
“The undersigned certifies under penalties of perjury that I have fully complied with section ___ of chapter___ of the acts of 2005 in connection with the property described herein.”
(l) No agreement for the sale, lease, transfer or other disposition of surplus real property shall be valid unless the purchaser or lessee has executed and filed with the commissioner the statement required by section 40J of chapter 7 of the General Laws.
(m) The grantee or lessee of any surplus real property shall be responsible for all costs including, but not limited to, appraisals, surveys, plans, recordings and any other expenses relating to the transfer, as shall be considered necessary by the commissioner.
(n) This section shall not apply to the disposition of real property that is the subject of a special act having an effective date before July 1, 2003 .
(o) The authority granted to the commissioner by this section shall cease as of June 30, 2010 , but the commissioner may complete any transaction for which agreements have been signed and delivered on or before that date.
(p) Funds from the net cash proceeds of dispositions of surplus property pursuant to this section shall be allocated as follows: (1) not less than 10 per cent and not more than 25 per cent of the net cash proceeds of each transaction may be paid to the city or town in which the property is located if the city or town did not exercise or assign its right of first refusal, whether or not the transaction thereafter closed; provided, however, that to receive more than 10 per cent, the city or town must have taken affirmative actions to meet local and regional needs for affordable housing and open space by adopting chapter 40R and implementing a comprehensive housing plan certified by the department of housing and community development or implementing an affordable housing plan approved by the department of housing and community development or otherwise furthering the commonwealth’s objectives for the parcel, consistent with smart growth and subject to regulations promulgated by the division in consultation with the commonwealth development coordinating council no later than October 1, 2005; (2) after distribution of net cash proceeds to cities and towns pursuant to clause (1), the first $5 million shall be deposited in the General Fund; (3) 50 per cent of the next $10 million shall be deposited in the Smart Growth Housing Trust Fund established in section 35AA of chapter 10 of the General Laws, and 50 per cent shall be deposited in the General Fund; and (4) the remaining net cash proceeds shall be deposited in the Smart Growth Housing Trust Fund. Funds governed pursuant to this section include any surplus property sale funds generated during the entire 5 year period that the law is effective, and shall not reset annually.
(q) The commissioner shall, within 6 months of the effective date of this section, establish a criteria that would enter property into the disposition process under this section. Said criteria shall include an automatic notice and inquiry to the executive heads of state agencies and secretaries as established under subsection (c) regarding any parcel that is left unused or abandoned for a specified period of time.”
Floor Number: 587 Clerk Number: 12
PUBLIC EMPLOYEE PAYROLL DEDUCTION RESTORATION
Messrs. Havern, Buoniconti, Barrios and Tolman moved that the bill be amended by inserting at the end thereof the following new section:-
SECTION______. Section 17 J of chapter 180 of the general laws is hereby amended by inserting at the end there of the following:- Where the recipient specified is a duly licensed insurance agent or insurance broker receiving sums so deducted for any property-casualty insurance offered in conjunction with the employee organization, the agent or broker shall forward the sums deducted and received to the appropriate insurance company within two business after receipt from the treasurer or common paymaster. No insurance company doing business in the commonwealth of Massachusetts shall refuse to accept payment of property-casualty insurance premiums without interest or charges in equal weekly or biweekly installments via payroll deduction for unionized state, county, municipal or other public employees where the agent or broker is remitting the deducted sums as required under this section. This section shall take effect upon its passage.
Floor Number: 588 Clerk Number: 50
INTERNET SALES
Messrs. Lees and Tarr moved that the bill be amended, in Section 2, in item 1201-0100 by inserting at the end thereof the following:- "provided further, the department shall include on the Massachusetts Resident Income Tax Return form a check-off box that requires each taxpayer to certify that he or she has claimed all qualifying income from the sale of items sold through the use of the internet or other electronic media."
Floor Number: 589 Clerk Number: 359
CHILD SUPPORT ENFORCEMENT DIVISION
Messrsr. Lees, Hedlund, Knapik and Brown moved that the bill be amended, in line item 1201-0160, by inserting after the words "General Laws" the following:- ; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of the authorization or the most recent revenue estimate therefore as reported in the state accounting system for federal incentives and said network in accounts 1201-0161 and 1201-0410
Floor Number: 590 Clerk Number: 195
Withdrawn
Floor Number: 591 Clerk Number: 483
ACCESS AND VISITATION - PARENT EDUCATION PROGRAM
Mr. Creedon moved that the bill be amended, in Section 2D, in item 1201-0109, by inserting at the end thereof the following:- "; provided, that not less than $50,000 shall be expended to enter into a contract with a Massachusetts non-profit organization, whose primary mission is the enhancement of contact between children and their non-custodial parents, in order to develop a pro-bono legal resource program to promote greater access and visitation for children of divorced, divorcing, and never-married parents. The recipient organization shall have a history of providing assistance to non-custodial parents regarding access and visitation issues by means of in-person and telephone counseling, as well as a referral network of family law attorneys."
Floor Number: 592 Clerk Number: 198
INVESTIGATE MUNICIPAL FINANCES
Messrs. Tarr, Lees, Tisei, Knapik, Hedlund and Brown moved that the bill be amended by inserting, after section 109, the following new section: -
"Section___. There is hereby established a commission to study revenue sharing by the Commonwealth to assist municipalities in the financing of services including but not limited to police and fire protection, education, the construction, repair and maintenance of non-school municipal buildings and the construction, repair and maintenance of municipal roads and bridges. Said commission shall identify the current mechanisms used to facilitate revenue sharing and their efficiency, effectiveness and sustainability. In addition, the commission shall investigate alternative mechanisms to provide cities and towns with adequate resources to provide municipal services. Moreover, the commission shall investigate and make recommendations as to the potential effect, if any, that reductions in the income tax rate may have on local property tax rates and receipts, and the interrelationship between state taxation and revenue sharing and local property taxes. Said commission shall consist of the Secretary of Administration and Finance or his designee, the Commissioner of the Department Revenue or his designee, three members of the Senate, one of which shall be a member of the minority party, three members of the House of Representatives, one of which shall be a member of the minority party, a representative of the Massachusetts Taxpayer's Foundation, a representative of the Massachusetts Municipal Association, three members appointed by the Governor whom shall represent citizens of the Commonwealth, and three members appointed by the Governor whom shall be elected municipal officials representing geographically and demographically diverse areas of the state. Said commission shall report its findings, together with any legislative recommendations, to the Ways and Means Committees of the House and Senate no later than January 1, 2006."
Floor Number: 593 Clerk Number: 31
STATE ETHICS COMMISSION
Mr. Baddour moved that the bill be amended, in Section 2, in item 0900-0100, by striking out the figure "$1,384,946" and inserting in place thereof the following figure:-"1,415,000".
Floor Number: 594 Clerk Number: 500
PRIVATE SECTOR HUMAN SERVICE WORKERS
Messrs. Tisei, Lees, Knapik, Tarr, Hedlund, and Brown moved that the bill be amended, in Section 2, in item 1108-5100, by striking out the figure “$2,291,969” and inserting in place thereof the following figure:- “$2,541,969”
and by inserting, in line 3, after the words “General Laws” the following:- “provided further, that not less than $250,000 shall be spent to administer a group purchasing pool separate from the state workforce pool for private sector human service agencies”
and by inserting, after Section 108, the following new Section:-
SECTION___. M.G.L. c. 32A, Section 2b, is amended effective January 1, 2006, 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 or Executive Office of Elder Affairs.”
SECTION___. M.G.L. c. 32A, Section 2c, is amended effective January 1, 2006, by inserting after “ Massachusetts” in line 1 the following: “or employer of any employee, as defined in Subsection (b).”
SECTION___. M.G.L. 32A is amended effective January 1, 2006, by adding “Section 10F Insurance for employees of human service vendor employers. 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 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 chapter thirty-twoB.
SECTION___. 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, 2006. Said report will include an analysis of the demographic data of those to be insured, an actuarial analysis, and possible plan design. If in compiling this report, The Commission determines that the actual savings to provider agencies and their employees will be less than 5%, The Commission shall not move forward with said plan and shall notify the House and Senate Committees on Ways and Means in writing, including in said letter its methodology for determining cost savings.
SECTION___. Enrollment in said program shall begin no later than July 1, 2006. If by December 31, 2006, agencies employing less than 1,000 cumulative workers have enrolled, The Commission shall not move forward with said plan and shall notify the House and Senate Committees on Ways and Means in writing.
Floor Number: 595 Clerk Number: 121
STUDY FOR HEALTH INSURANCE FOR MUNICIPAL EMPLOYEES
Messrs. Moore, Tarr, Antonioni and O'Leary, and Ms. Creem moved that the bill be amended, in Section 2, in item 1108-5200, by inserting at the end thereof the following:- provided, however that the Commission shall undertake a feasibility study, including a cost-benefit analysis, of administering health insurance for municipal employees and retirees on a local option basis
Floor Number: 596 Clerk Number: 525
MEDICARE PART B
Ms. Walsh, Messrs. Joyce, Morrissey, McGee, Brown and Lees moved that the bill be amended, in Section 2, in item 1108-5200 by inserting at the end thereof the following words: -; and provided further, that notwithstanding the provisions of any general or special law to the contrary, the commonwealth shall pay from the federal subsidy, which it receives for the last six months of the current fiscal year under the Medicare Prescription Drug, Improvement and Modernization Act of 2003 (Pub. L. No. 108-173) and payments to qualified sponsors of retiree prescription drug plans thereunder, to any person, who is insured under said chapter 32A and required to pay the Medicare part B premium for the last six months of the current fiscal year, a refund of said Medicare part B premium payments, or portion thereof subject to the total amount of said subsidy.
Floor Number: 597 Clerk Number: 187
AFFORDABLE HEALTH INSURANCE FOR HUMAN SERVICE WORKERS
Mr. Barrios moved that the bill be amended, in Section 2, in item moves to amend the bill, in section 2, in item 1108-5100, by striking out the figure “$2,291,969” and inserting in place thereof the following figure:- “$2,541,969”;
and by inserting, in line 3, after the words “General Laws” the following:- “provided further, that not less than $250,000 shall be spent to administer a group purchasing pool separate from the state workforce pool for private sector human service agencies”;
and by inserting, after Section 108, the following new Section:-
SECTION___. M.G.L. c. 32A, Section 2b, is amended effective January 1, 2006, 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 or Executive Office of Elder Affairs.”
SECTION___. M.G.L. c. 32A, Section 2c, is amended effective January 1, 2006, by inserting after “ Massachusetts” in line 1 the following: “or employer of any employee, as defined in Subsection (b).”
SECTION___. M.G.L. 32A is amended effective January 1, 2006, by adding “Section 10F Insurance for employees of human service vendor employers. 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 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 chapter thirty-twoB.
SECTION___. 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, 2006. Said report will include an analysis of the demographic data of those to be insured, an actuarial analysis, and possible plan design. If in compiling this report, The Commission determines that the actual savings to provider agencies and their employees will be less than 5%, The Commission shall not move forward with said plan and shall notify the House and Senate Committees on Ways and Means in writing, including in said letter its methodology for determining cost savings.
SECTION___. Enrollment in said program shall begin no later than July 1, 2006. If by December 31, 2006, agencies employing less than 1,000 cumulative workers have enrolled, The Commission shall not move forward with said plan and shall notify the House and Senate Committees on Ways and Means in writing.
Floor Number: 598 Clerk Number: 406
INFORMATION TECHNOLOGY DIVISION
Messrs. Lees, Knapik, and Brown moved that the bill be amended, in Section 2, in item 1790-0100 by striking the figure "$4,242,721" and inserting in place thereof the figure "$5,242,721".
Floor Number: 599 Clerk Number: 191
FOR A MULTI-YEAR TRAINING PROGRAM REGARDING STATE HOUSE DISABILITY ACCESS ASSISTANCE
Messrs. Timilty, McGee, Tarr and Ms. Fargo moved that the bill be amended, in Section 2, in item 1107-2400 by striking out the figure "$605,280" and inserting in place thereof the following figure "$730,280" provided further that said increase in item 1107-2400 shall represent increased funding for the Massachusetts Office on Disability to develop training materials for use with employees working in the State House on the Americans with Disability Act and how to assist people with disabilities within the building.
Floor Number: 600 Clerk Number: 285
OFFICE ON DISABILITY
Mr. Joyce and Ms. Fargo moved that the bill be amended, in Section 2, in item 1107-2400, by striking out the figure "$605,280" and inserting in place thereof the following figure:- "$670,000".