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Floor Number: 201 Clerk Number: 489
COMMISSIONER OF PROBATION- GPS
Mr. Creedon moved that the bill be amended, in Section 2, in item 0339-1001 by adding at the end thereof the following language:- "; provided further, that the Office of the commissioner of Probation shall expend not more than $30,000 for a consultant who shall be responsible to research the effectiveness and cost of using global positioning satellite systems in the supervision of domestic violence cases and juvenile cases".
Floor Number: 202 Clerk Number: 491
COMMUNITY CORRECTIONS
Messrs. Creedon, McGee, Ms. Chandler, Messrs. Joyce, Buonicomti, Baddour, Brewer, Moore, Antonioni, Knapik, O'Leary, Ms. Walsh, Messrs. Montigny and Hart moved that the bill be amended, in Section 2, in item 0339-1003 by striking out the figure "$4,280,617" and inserting in place thereof the figure:- "$5,100,000".
Floor Number: 203 Clerk Number: 215
JURY LIST 2
Mr. Rosenberg moved that the bill be amended by striking out section 102 and inserting in place thereof the following section:-
"SECTION 102. (a) The jury commissioner shall establish an administrative records list of all residents 17 years and older for the purpose of testing the feasibility of using such a list for the creation of jury pools. State agencies, including but not limited to, the state secretary, registry of motor vehicles, department of revenue, board of higher education, department of transitional assistance, office of medicaid, department of public health and division of unemployment assistance shall provide in electronic form a list of residents 17 years and older contained in their respective databases. In addition, cities and towns that conduct an annual census shall provide such data, and all public and private colleges and universities shall provide such data, from enrollment records. Each list provided to the jury commissioner shall contain the name, residential address, mailing address, race, gender, social security number, if appropriate, and date of birth of each person listed if such information is available to them, in a format to be specified by the jury commissioner. In those cases where a federal waiver or authorization is necessary to provide this information, each agency or entity shall take all necessary steps to obtain such authorization or waiver. No information shall be provided to the jury commissioner beyond that required to create the administrative records list. The jury commissioner shall treat the lists and the information contained in them as confidential to the extent required by law, and none of these lists or information contained therein shall be a public record. Nothing shall be included in a printed administrative records list that would indicate from which source list the information on an individual resident was derived. The commissioner may secure and use additional lists from nongovernmental institutions and sources in order to create the administrative records list. The commissioner shall provide in electronic form a copy of the administrative records list to the state secretary only for purposes of testing its use to maintain voter registration lists and testing its use as a source for street lists for cities and towns and to the Massachusetts State Data Center housed at the University of Massachusetts Donahue Institute for the purposes of testing the administrative records list and supporting efforts to improve United States Census Bureau population estimates for Massachusetts only. Testing of the administrative records list shall not replace or alter any requirement of current law for creating jury pools, maintaining voting lists or establishing street lists, until further act of the general court. The jury commissioner and the state secretary shall report their findings and recommendations based on the testing required by this section to the clerks of the senate and house of representatives not later than June 30, 2009.
(b) For the purposes of establishing an administrative records list, the commissioner of revenue shall disclose to the office of the jury commissioner the names, social security numbers and addresses of residents filing personal income tax returns but such information shall not be disclosed if the IV-D agency has been provided with reasonable evidence of a risk of harm pursuant to section 5A of chapter 119A of the General Laws. The office of the jury commissioner shall treat such information as confidential to the extent required by law.
(c) For the purposes of this section, the information contained in the wage reporting match system may be disclosed to the office of the jury commissioner for the purpose of establishing an administrative records list, but the office of the jury commissioner shall treat such information as confidential to the extent required by law. Only information required to create the administrative records list shall be provided to the office of the jury commissioner including, but not limited to, the name and social security number of each individual listed.
Floor Number: 204 Clerk Number: 200
REVENUE INITIATIVE
Mr. Rosenberg moved that the bill be amended by inserting, after Section ___, the following new Section:-
“SECTION___. (a) This chapter shall be known as the bail lien and restitution collection act. Where the provisions of this chapter relating to the return of bail posted by or on behalf of a defendant in a criminal matter conflict with the provisions relating to the return of bail in any other general law, special law, rule or regulation, the provisions of this chapter shall control.
(b) For the purposes of this chapter, the following terms shall have the following meanings:
“bail discharge docket” shall be the docket created in section four;
“bail lien” shall be the lien created by section three; provided, that such lien shall be created and perfected automatically and immediately upon imposition of a financial obligation on the defendant;
“bail lien discharge order” shall be the order proscribed in section four;
“clerk” shall mean a clerk or assistant clerk of the superior court department, a clerk or assistant clerk of the district court department, a clerk or assistant clerk of the Boston municipal court department, a clerk or assistant clerk of the juvenile court department, or a clerk or assistant clerk of the housing court department;
“financial obligation” shall mean any order by the court to pay any monies;
“justice” shall mean a justice or associate justice of the trial court department;
“office of the district attorney” shall mean the office of the district attorney having jurisdiction over the criminal matter; provided, that if the prosecution has been brought by the attorney general, then the term office of the district attorney shall also be construed to mean the office of the attorney general; provided further, that the district attorney or attorney general, as the case may be, may designate the person or persons in his office authorized to accept service provided for in section four.
© When a court imposes on the defendant a financial obligation, the clerk of the court shall immediately place a bail lien in the amount of such obligation on any bail posted by or on behalf of said defendant. Said clerk shall not thereafter return any bail to the defendant or the person who posted the bail on behalf of the defendant until: (i) the financial obligation has been fully satisfied, or (ii) the matter has been terminated and the defendant has been discharged by the court, or (iii) a justice of the court by written order that complies with the form proscribed in section four directs the clerk to return the bail to the defendant or the person who posted bail on behalf of the defendant. Except by order of the court, a matter shall not be considered terminated until all financial obligations imposed thereon have been satisfied. Persons authorized to admit a defendant to bail shall inform the defendant or the person posting bail on behalf of the defendant that, in the event that the court imposes any financial obligation on the defendant, a bail lien shall be placed on any bail posted by the defendant or on behalf of the defendant; provided, that it shall be a rebuttable presumption that the defendant or the person posting bail on behalf of the defendant was so informed.
(d) A justice may, after a hearing as proscribed herein, order the clerk to discharge in whole or in part a bail lien; provided, that said clerk shall not discharge a bail lien unless he is presented with a written bail lien discharge order bearing the name and signature of said justice which conforms to the format herein proscribed. In addition to the printed name and signature of the ordering justice, the bail lien discharge order shall contain the following information: (i) the name of the defendant; (ii) the case number; (iii) the amount of bail to be returned; (iv) the reasons supporting the order for return of bail; (v) an itemized list of the financial obligations previously imposed on the defendant; (vi) a copy of the motion for the bail lien discharge order; and (vii) a copy of the affidavit in support of such motion. If the justice approves the bail lien discharge order, the original order shall be placed in the case file. One copy of the order shall be placed in the bail discharge docket and shall be a public record open to public inspection. The bail discharge docket may be maintained in printed book form or by electronic means and may be made available for public inspection on the internet.
The clerk shall maintain a bail discharge docket. The clerk shall file in said docket a copy of every bail lien discharge order approved by a justice sitting in his court. There shall be a separate bail discharge docket for each calendar year. The clerk shall annually, not later than February first, cause to be filed with the house and senate committees on ways and means and the joint committee on the judiciary the following information extracted from all bail lien discharge orders filed during the previous twelve months: (i) the name of the defendant; (ii) the amount of bail returned; (iii) the name of the justice ordering the bail returned.
A defendant who posted bail on his own behalf, or the person who posted bail on behalf of the defendant may, by written motion, apply to the court for the issuance of a bail lien discharge order; provided, that such motion shall be accompanied by an affidavit stating the reasons why the court should approve the motion for a bail lien discharge order; provided further, that said affidavit shall not be accepted for filing by the clerk unless it is signed under the pains and penalties of perjury by the moving party; and provided further, that said motion shall not be accepted for filing by the clerk unless accompanied by said affidavit. The motion and accompanying affidavit shall be filed with the clerk and a copy served upon the office of the district attorney not less than three business days prior to any court hearing on the motion; provided, that if the motion involves a case where the court has ordered restitution paid to a victim of a crime, said motion and affidavit shall be filed with the clerk and a copy served upon the office of the district attorney not less than thirty business days prior to any court hearing on the motion. The clerk shall, in accordance with the aforementioned time standards, schedule a hearing on the motion on a date and time that is convenient for the moving party, the victim, if any, the office of the district attorney, and the court. The district attorney shall inform said victim of the motion as well as the date and time proposed for a court hearing on the motion. The victim shall have standing to be heard in opposition or support of the motion. Failure of said victim to appear in court shall not, without more, constitute grounds for approval of the motion. The incarceration of the defendant or the person who posted bail on behalf of the defendant shall not, without more, constitute grounds for approval of the motion. After the hearing, the justice shall have seven business days to consider and take action on the motion.
(5) A justice shall not waive, vacate, remit or reduce the financial obligations of a defendant who is incarcerated solely because of the defendant’s incarcerated status. The clerk shall note on the mittimus ordering the commitment of the defendant the financial obligations imposed on the defendant, if any. If the defendant is committed to a house of correction, the sheriff shall be responsible for collecting all financial obligations owed by the defendant while in his custody and may attach any monies deposited in or due to be deposited in the canteen fund, so-called, or any other financial account maintained by the defendant or on behalf of the defendant. If the defendant is committed to a facility of the department of correction or a facility of the department of youth services, the commissioner of the department having custody of the defendant shall be responsible for collecting all financial obligations owed by the defendant while in custody of said department and may attach any monies deposited in or due to be deposited in the canteen fund, so-called, or any other financial account maintained by or on behalf of the defendant. Funds collected shall be remitted to the clerk of the court from which the defendant was sentenced. Funds remitted under the provisions of this section shall be applied first toward any restitution owed by the defendant. After the order of restitution is satisfied, funds remitted under this section shall be deposited into the fund proscribed by the general or special law establishing the obligation; provided, that if a fund is not so proscribed, the funds so collected shall be deposited in the general fund.
(6). The clerk of each court shall maintain a separate interest bearing account for the receipt of bail and other monies received by the court. Interest accruing on account of funds deposited in said account shall be remitted to the state treasurer and deposited not less than once per month in the general fund. Bail that has been ordered forfeited shall, not later than thirty days after the order of forfeiture, be remitted to the treasurer and deposited in the general fund.
Floor Number: 205 Clerk Number: 312
BARNSTABLE PROBATE COURT
Mr. O'Leary moved that the bill be amended by adding, at the end thereof, the following new section:-
"SECTION__ "Section 29C of Chapter 217 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- "Said deputy assistant registers shall receive a salary in an amount equal to 15 percent of the annual salary of the Barnstable County register of probate."
Floor Number: 206 Clerk Number: 325
DUKES COUNTY PROBATE COURT
Mr. O'Leary moved that the bill be amended by adding, at the end thereof, the following new section:-
"SECTION__ "Section 29A of Chapter 217 of the General Laws is hereby amended by striking the last sentence and inserting in place thereof the following sentence:- 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 Dukes county register of probate."
Floor Number: 207 Clerk Number: 391
NANTUCKET COUNTY PROBATE COURT
Mr. O'Leary moved that the bill be amended by adding, at the end thereof, 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 register of probate 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."
Redraft
Floor Number: 208 Clerk Number: 655
CENTRAL ARTERY PROJECT-TORT ACTIONS
Mr. Creedon moved that the bill be amended by inserting, after Section 109, the following new Section:-
SECTION____. Section 83 of chapter 4 of the Acts of 2003 is amended by adding the following new subsection:- (d) Notwithstanding section 2B of chapter 260 of the General laws or any other general or special law to the contrary, an action for tort arising out of the planning, design, management or construction of the project, shall be brought not later than 30 years from the date of the acceptance of the project.
Floor Number: 209 Clerk Number: 442
AGRICULTURAL FAIRS
Mr. Brewer moved that the bill be amended, in Section 2, in item 2511-0100, by striking out the wording "provided further, that funds may be expended for agricultural fair prizes and rehabilitation, including the expenses of the agricultural lands board;" and inserting in place thereof the following wording:- "provided further, that funds shall be expended for agricultural fair prizes and rehabilitation, including the expenses of the agricultural lands board, provided that $4,000 shall be expended to the Town of Hardwick for its annual fair;"
Floor Number: 210 Clerk Number: 328
PROMOTING MASSACHUSETTS AGRICULTURAL PRODUCTS
Mr. Pacheco moved that the bill be amended by inserting after Section _____, the following new Section:-
“SECTION ___ . Chapter 7 of the General Laws is hereby amended by inserting after section 23A the following section:-
Section 23B. (a) Notwithstanding sections 22 to 23A, inclusive, and to the extent permitted by federal law, a state agency or a state authority may, when purchasing agricultural products, including but not limited to fruits, vegetables, eggs, dairy products and crops, make a preference for such products produced or harvested in the commonwealth, all other considerations being equal.
(b) Where a state agency or state authority makes a preference for agricultural products produced or harvested in the commonwealth, the state purchasing agent responsible for procuring such agricultural products on behalf of the state agency or state authority shall effectuate such preference unless the agent determines that:
(1) procurement of agricultural products produced or harvested outside of the commonwealth is essential;
(2) an agricultural product is not produced, harvested or otherwise available from any producer in the commonwealth at the time of the procurement; or
(3) compliance with this section would eliminate the only bid or offer of an agricultural product or would result in inadequate competition.
SECTION 2. Chapter 30B of the General Laws is hereby amended by inserting after section 19 the following section:-
SECTION 20. (a) Notwithstanding sections 1 to 19, inclusive, and to the extent permitted by federal law, a government body may, by a majority vote, make a preference for agricultural products, including but not limited to fruits, vegetables, eggs, dairy products and crops, produced or harvested in the commonwealth when procuring such products pursuant to its authority, all other considerations being equal.
(b) Where a government body by a majority vote makes a preference for the procurement of agricultural products produced or harvested in the commonwealth, the chief procurement officer or procurement officer responsible for procuring such agricultural products on behalf of the government body shall effectuate such preference unless the officer determines that:
(1) procurement of agricultural products produced or harvested outside of the commonwealth is essential;
(2) an agricultural product is not produced, harvested or otherwise available from any producer in the commonwealth at the time of the procurement; or
(3) compliance with this section would eliminate the only bid or offer of an agricultural product or would result in inadequate competition.
Floor Number: 211 Clerk Number: 66
DCR DAM PROGRAM
Ms. Resor moves that the bill be amended, in Section 2, in item 2800-0100 in line 25 by adding after the words "overtime costs" the words:- ";provided further, that the department shall, in collaboration with the department of environmental protection and the department of fish and game, establish and maintain a comprehensive inventory of all dams in Massachusetts, and develop a coordinated permitting and regulatory approach to dam removal for stream restoration and public safety."
Floor Number: 212 Clerk Number: 161
BROWN- CUTLER PARK
Mr. Brown moved that the bill be amended, in Section 2, in item 2800-0100, by inserting after the words "overtime costs" the following:- "; provided further, that $1,000 be expended for a plaque commemorating Leslie B. Cutler for her service the longest serving woman in the Legislature serving 10 years in the House of Representatives (1938-1948) and 20 years in the Senate (1948-1968). The plaque shall be placed in Cutler Park in the town of Needham.
Floor Number: 213 Clerk Number: 522
PARKWAYS PRESERVATION TREATMENT GUIDELINES
Ms. Walsh, Ms. Resor, Ms. Fargo and Ms. Creem move to amend the bill, in section 2, in item 2800-0100, by striking out at the end thereof the word "costs" and inserting in place thereof the following words:-"costs: and provided further that not less than $100,000 shall be expended to complete the collaborative effort among the department, the massachusetts highway department, the Massachusetts historic commission and the executive office of environmental affairs to complete and publish the historic parkways preservation treatment guidelines; and provided further that the department shall provide the house and senate committees on ways and means 30 days notice prior to conducting any inter subsidiary transfers or interagency service agreements along with the reasons for such transfers or agreements."
Floor Number: 214 Clerk Number: 669
TAUNTON RIVER WATERSHED STUDY.
Messrs. Pacheco, Creedon, and Joyce moved that the bill be amended, in Section 2, in item 2800-0101 by inserting the following:- "provided further, that not less than $250,000 shall be expended for a comprehensive study, including a management plan, for the entire Taunton River watershed, in accordance with the Executive Office of Environmental Affairs "Proposal for Watershed work Affecting Water Quality-Wastewater Quality-Wastewater Discharges and Stormwater Discharges" dated 2/11/03 to be conducted in partnership by the Old Colony Planning Council, the Southeastern Regional Planning & Economic Development District, and the Watershed Access Lab at Bridgewater State College."
Floor Number: 215 Clerk Number: 82
DCR NONPOINT POLLUTION
Ms. Resor and Ms. Creem , Messrs. Brewer, Nuciforo, Tarr, Barrios, and Ms. Fargo moved that the bill be amended, in Section 2, by inserting after item 2800-0400 the following new item:-
"2800-0401 For a program to provide stormwater management for all properties and roadways under the care, custody and control of the Department of Conservation and Recreation; provided, that the department shall develop and implement a stormwater management program in compliance with federal and state stormwater management requirements; provided further, that the department shall inventory all existing stormwater infrastructure, assess its current stormwater practices, analyze long term capital and operational needs, and develop a stormwater management plan to comply with federal and state regulatory requirements; provided further, that in order to protect public safety and to protect water resources for water supply, recreational and ecosystem uses, the department will immediately implement interim stormwater management practices including but not limited to street sweeping, inspection and cleaning of catch basins, and emergency repairs to roadway drainage...............$500,000"
Floor Number: 216 Clerk Number: 317
TRAILSIDE MUSEUM
Mr. Joyce moved that the bill be amended, in Section 2, in item 2800-9004, by striking out the figure "$375,000" and inserting in place thereof the following figure:- "$535,000".
Floor Number: 217 Clerk Number: 83
DCR PARKS
Ms. Resor, Messrs. Antonioni, Montigny, Brewer, Moore, Ms. Tucker, Messrs. Nuciforo, Barrios and Ms. Fargo moved that the bill be amended, in Section 2, in item 2810-0100 by striking the figure "$19,007,437", and inserting in place thereof the following figure: - "$25,677,383".
Floor Number: 218 Clerk Number: 262
CANTON WATER BILL
Mr. Joyce moved that the bill be amended, in Section 2, in item 2810-0100 by inserting after the word "Lynn" with the following "provided further, that $71,000 shall be paid to the Town of Canton for outstanding water bills for prior operation of the Blue Hills Ski Area".
Floor Number: 219 Clerk Number: 282
NORTH RANDOLPH LITTLE LEAGUE
Mr. Joyce moved that the bill be amended, in Section 2, in item 2810-0100 by inserting after the word "Sutton," with the following: "provided further, that $100,000 shall be expended for the construction of two DCR ballfields off High Street, near the Nike Missile Site, in the Town of Randolph."
Floor Number: 220 Clerk Number: 85
ALGAE CLEAN UP
Mr. McGee moved that the bill be amended, in Section 2, in item 2810-0300 by adding the following: "; provided further, that no less than $35,000 shall be expended for the cleanup of Pilayella algae on the Nahant Beach Reservation".
Redraft
Floor Number: 221 Clerk Number: 213
MIDDLESEX CANAL COMMISSION
Messrs. Tarr and Havern moved that the bill be amended, in Section 2, in item 2810-0100, by inserting at the end thereof the following: - "provided further that no less than $250,000 shall be appropriated to the Middlesex Canal Commission."
Floor Number: 222 Clerk Number: 578
RETAINED REVENUE COLLECTED FROM DCR YACHT CLUBS
Messrs. Morrissey, Hart, Hedlund and Tolman moved that the bill be amended, in Section 2, in item 2810-2040 by inserting after the words "recreation system;" the following;- ", for the expense, upkeep, maintenance and improvement of the division's waterways including, but not limited to, the waterway, waterfront, piers, public access, floats and moorings, located on and near properties permitted or leased from the division to a yacht club".; and
By inserting in said item after the words "full time equivalent personal;" the following:- "provided further that the division shall expend at least spend an amount equal to the proportion of the fees collected from the permits or lease monies from yacht clubs permitted or leasing on division property in relation to all fees collected to be spent on waterways, waterways improvements, and public access."
Floor Number: 223 Clerk Number: 19
Withdrawn
Floor Number: 224 Clerk Number: 167
BROWN- LOKER PARK
Mr. Brown moved that the bill be amended, in Section 2, in item 2820-0100, by inserting after the words "true seasonal employees" the following: "Not less than $25,000 shall be expended for improvements at Loker Park in Natick"; and in said item by striking out the figures "$22,718,929" and inserting in place thereof the figures "22,743,929".
Floor Number: 225 Clerk Number: 225
BUREAU OF FOREST FIRE CONTROL
Messrs. Tarr, Brown and Brewer moved that the bill be amended, in Section 2, in item 2820-0100 by inserting, following the words "Red Rock park on Lynn Shore drive, in the city of Lynn" the following: - "provided further, that $60,000 shall be expanded for funding of current employees of the Bureau of Forest Fire Control under their new reclassification Firefighter Services;"
Floor Number: 226 Clerk Number: 267
NEPONSET RIVER/CAMP MEIGS
Mr. Hart moved that the bill be amended, in Section 2, in item 2820-0100, by inserting, after the words "Curley Recreation Center in the city of Boston;" the following: "provided further, that not less than $250,000 shall be expended for Camp Meigs located in the Readville section of the city of Boston; provided further that not less than $250,000 shall be expended for a study on the Neponset River Master plan"
Floor Number: 227 Clerk Number: 521
MASTER PLAN WEST ROXBURY
Ms. Walsh moves that the bill amended, in Section 2, in item 2820-0100, by inserting after the word "recreation" the following: "provided further, that not less than $40,000 shall be expended for the completion of a comprehensive cost study of a master plan for the maintenance and improvement of all property under the care, custody and control of the division in the West Roxbury section of the city of Boston including such measures but not limited to the planting, pruning, reforestation, enhancement of pedestrian access walks and the removal of leaves, snow and debris in said property"; and in said line item by striking out the figures "$22,718,929" and inserting in place thereof the figures "$22,758,929.
Floor Number: 228 Clerk Number: 527
URBAN PARKS
Ms. Walsh, Mr. Barrios and Ms. Resor moved to amend the bill, in section 2, in item 2820-0100, by striking out the figure "$22,718,929," and inserting in place thereof the following figure "30,101,794."
Floor Number: 229 Clerk Number: 539
AMES NOWELL STATE PARK
Mr. Morrissey moved that the bill be amended, in Section 2, in item 2820-0100 by inserting after the words "Fellsmere pond;" the following words:- "provided further, that not less than $100,000 shall be expended for the maintenance, security, improvement and staffing at Ames Nowell State Park;"
Floor Number: 230 Clerk Number: 111
DCR-URBAN PARKS DIVISION
Mr. McGee moved that the bill be amended, in Section 2, by striking item 2820-1000, and inserting in place the following item: 2820-1000 The division of urban parks and recreation may expend an amount not to exceed $325,000 from revenue generated pursuant to section 34B of chapter 92 of the General Laws and proceeds derived from the lease agreement entered into for the management of Nahant Beach Reservation Parking Lot, provided not less than $125,000, in addition to other amounts budgeted for the upkeep and maintenance of said Reservation, shall be expended for the upkeep and maintenance of said Reservation beginning March1, and ending not later than July 1 ........ ...................$325,000
Floor Number: 231 Clerk Number: 21
Golf Course 1
Mr. Baddour moved that the bill be amended, in Section 2, by striking out item 2820-4420 in its entirety."
Floor Number: 232 Clerk Number: 22
Golf Course 2
Mr. Baddour moved that the bill be amended, in Section 2, by striking out section 2820-4421 in its entirety."
Floor Number: 233 Clerk Number: 40
BOSTON HARBOR BEACHES COMMISSION
Messrs. Lees, Tarr, Hedlund, Knapik and Brown moved that the bill be amended, in Section 104, by inserting after the words "speaker of the house" in line 19 the following words:- ", 1 of whom shall be the house minority leader or his designee" and further moved to amend the bill, in said Section, by insert after the words "senate president in line 20 the following words:- ", 1 of whom shall be the senate minority leader of his designee"
Floor Number: 234 Clerk Number: 38
BEACH EROSION COMMISSION
Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Brown moved that the bill be amended, in Section 105, by inserting after the words "speaker of the house" in lines 6 and 7 the following words:- ", 1 of whom shall be the house minority leader or his designee" and further moved to amend the bill, in said Section, by insert after the words "senate president" in line 8 the following words:- ", 1 of whom shall be the senate minority leader of his designee"
Floor Number: 235 Clerk Number: 315
DCR TECHNICAL CORRECTION
Mr. Joyce moved that the bill be amended in section 47, in line 2, by adding after the words "appropriated herein" the following:- "for recreational rink projects but excluding any bathhouse project".
Redraft
Floor Number: 236 Clerk Number: 626
AN AMENDMENT RELATIVE TO THE BOSTON HARBOR ISLANDS
Mr. Berry moved that the bill be amended in Section 79 by adding the following words:-
"The Owners of Spectacle Island Park (hereinafter the "Park") are hereby authorized, notwithstanding any general or special law to the contrary, to enter into an agreement for the purposes of management, maintenance and operation of the Park, including the delivery of programs, activities and events for the educational, scientific, recreation and conservation benefit of the public, with Island Alliance, Inc., to provide the public with opportunities for recreation, education and other activities and purposes consistent and compatible with the protection, preservation, use and enjoyment of the Island Park by the public, and the cooperative operation by the Owners and Island Alliance, Inc., of the Park within the National Park Area. Nothing in the lease hereby authorized shall interfere with the public's right to access the Park without charge during the Park's operating hours To support such expenditures, the lessee may, as approved annually by the Owners under the lease agreement and subject to audit, charge and collect reasonable fees for participation in or access to programs, events, equipment and services planned or provided by the lessee, and may generate income and raise revenue through such means or through receipt of grants, donations, gifts, services or otherwise. All amounts collected by the lessee at or for the Park shall be held in trust for the benefit of the public, shall not be commingled with other monies held by the lessee for other purposes, and shall be directed to management, improvement, maintenance, operation and programming of and for the Park. Any amounts collected in excess of the expenditures therefor, which expenditures may include a reasonable return on investment approved in advance by Owners, shall be applied to a reserve account for the benefit of the Park or may be assigned to the National Park Area as approved by Owners.
The Owners are each authorized, in accordance with this act, to grant a lease for a period of up to thirty years to Island Alliance, Inc.
Floor Number: 237 Clerk Number: 23
Golf Courses
Mr. Baddour moved that the bill be amended by inserting, after Section 109, the following new Section:-
"SECTION 110. Notwithstanding section 54 of Chapter 7 of the General Laws, the commissioner of capital asset management and maintence, on behalf of the department of conservation shall, not withstanding sections 40E to 40I, inclusive, of said chapter 7 and using such competitive proposal process as the commissioner of said division deems necessary or appropriate, to lease and enter into other agreements, for terms not to exceed 20 years, to or with 1 or more offerors who participate in that process, for the Ponkapoag golf course and the Leo J. Martin golf course, so as to provide for the continued use, operation, maintenance, repair and improvement of the golf courses and facilities together with the land and appurtenances associated therewith. Proceeds from the leases shall be deposited into the General Fund."
Floor Number: 238 Clerk Number: 256
DEPARTMETN OF CONCERVATION AND RECREATION RINK LEASES
Mr. Tarr moved that the bill be amended by inserting, after Section 109, the following new Section: -
"SECTION____. (a)The division of capital asset management and maintenance, in consultation with the department of conservation and recreation, may, notwithstanding the provisions of sections 40E to 40K and 52 to 55, inclusive, of chapter 7 of the General Laws, and utilizing such competitive proposal process or processes as said division deems necessary or appropriate, lease and enter into other agreements, for terms not to exceed 25 years, to one or more proponents, for one or more skating rinks, so as to provide for the continued use, operation, maintenance, repair, and improvement of the following state-owned buildings and facilities together with the land and appurtenances associated therewith, comprising those ice skating rinks and facilities formerly under the jurisdiction of the metropolitan district commission: Bajko memorial rink, Hyde Park district, Boston; Connell memorial rink, Weymouth; Devine memorial rink, Dorchester district, Boston; Emmons Horrigan O'Neill memorial rink, Charlestown district, Boston; Flynn memorial rink, Medford; LoConte memorial rink, Medford; Murphy memorial rink, South Boston district, Boston; Reilly memorial rink, Brighton district, Boston; Shea memorial rink, Quincy; Steriti memorial rink, Boston; Ulin memorial rink, Milton; and, Veterans memorial rink, Somerville.
Such leases and other agreements shall be on terms acceptable to the commissioner of the division of capital asset management and maintenance, after consultation with the commissioner of department of conservation and recreation, and, notwithstanding the provisions of any general or special law to the contrary, shall provide for the lessees to operate, manage, improve, repair, and maintain the properties, and may provide for the department to make initial capital improvements or direct grant funds to the lessee to undertake initial capital improvements at one or more of the properties that the commissioner of said department determines is necessary due to the structural condition of any of the properties. Any such leases or other arrangements requiring improvements to be made to any buildings may include a description of the initially required improvements and, at minimum, performance specifications. Ice time at rinks under the jurisdiction of the division of urban parks and recreation shall be allocated to user groups in the following priority order: general public skating; youth groups; high school hockey; and adult organizations or informal groups. Ice time may be allocated at the discretion of the operator with the following restrictions: general public skating shall be booked at a minimum of 16 hours per week, with a range of times and days which reasonably allow for public skaters of all ages to participate in some public skating sessions. Every effort shall be made to balance the ice allocation needs of long-established youth organizations and newly-formed youth organizations in a manner that provides equal opportunity and equal access for youths of each gender. Such leases and other agreements authorized herein shall provide that any benefits to the communities and the costs of improvements and repairs made to the properties provided by the lessees or the recipients of the properties shall be taken into account as part of the consideration for such leases or other agreements. All consideration received from the leases or other agreements shall be payable to the department of conservation and recreation for deposit into the Urban Parks Trust Fund in accordance with the provisions of section 34 of chapter 92 of the General Laws; provided, that any such consideration received for the Jim Roche memorial rink shall be payable to said department for deposit into the Roche Community Rink Fund in accordance with the provisions of section 2NNN of chapter 29 of the General Laws. The lessees or the recipients of said properties shall bear all costs deemed necessary or appropriate by the commissioner of the department of conservation and recreation for the transactions including, without limitation, all costs for legal work, survey, title, and the preparation of plans and specifications.
The division, in consultation with the department, when evaluating proposals that are otherwise comparable, shall prefer any proposal to lease a rink or rinks that is submitted by a city or town where the rink or rinks are located, or by a non-profit youth hockey organization in the city or town where the rink or rinks are located, provided that the proposal complies with the ice time allocation guidelines outlined above.
(b) Item 2100-2012 of section 2 of chapter 236 of the acts of 2002 is hereby amended by inserting after the words "North Adams" the following:- provided further that the department may expend said funds, subject to up to a 1 to 1 match of department funds, as a grant to reimburse a lessee for funds expended for improvements made in accordance with an executed lease;"
Floor Number: 239 Clerk Number: 274
MAX ULIN RINK
Mr. Joyce moved that the bill be amended by inserting at the end thereof, the following new section:-
SECTION__. Notwithstanding section 54 of chapter 7 of the General Laws, the division of capital asset management and maintenance, on behalf of and in consultation with the department of conservation and recreation, is hereby authorized, notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws and using such competitive proposal process as the commissioner of said division deems necessary or appropriate, to lease and enter into other agreements, for terms not to exceed 20 years, to or with 1 or more offerors who participate in that process, The Max Ulin Rink in the Town of Milton, so as to provide for the continued use, operation, maintenance, repair and improvement of the Max Ulin Rink and facilities together with the land and appurtenances associated therewith.
There shall be an option for renewal or extension for operations and maintenance services not exceeding an additional 5 years. Such renewal or extension shall be at the discretion of the division of capital asset management and maintenance in accordance with the original contract terms and conditions or contract terms and conditions more favorable to the state. All leases must contain a provision that requires the lessee to carry comprehensive general liability insurance with the commonwealth named as a co-insured, protecting the commonwealth against all personal injury or property damage within the rink or on the land during the term of the lease.
Such leases and other agreements shall be on terms acceptable to the commissioner of the division of capital asset management and maintenance after consultation with the commissioner of the department of conservation and recreation, and, notwithstanding any general or special law to the contrary, shall provide for the lessees to manage, operate, improve, repair and maintain the properties. Any such leases or other arrangements requiring capital improvements to be made to any buildings or surface areas shall include a description of the required capital improvements and, at a minimum, performance specifications. Such leases and other agreements shall provide that any benefits to the commonwealth and the costs of improvements and repairs made to the properties provided by the tenants or the recipients of the properties shall be taken into account as part of the consideration for such leases or other agreements. The division, in consultation with the department, shall structure each lease or other agreement to minimize disturbance of the current rights of any tenants who may currently use any part of the rink or adjoining facilities, whether under a written lease or other arrangement. All consideration received from the leases or other agreements shall be payable to the department of conservation and recreation for deposit into the General Fund. The lessees of said properties shall bear all costs deemed necessary or appropriate by the commissioner of the division of capital asset management and maintenance for the transaction, including without limitation, all costs for legal work, survey, title and the preparation of plans and specifications.
(b) The division of capital asset management and maintenance, in consultation with and on behalf of the department of conservation and recreation, shall solicit proposals through a request for proposals which shall include key contractual terms and conditions to be incorporated into the contract, including but not limited to (1) a comprehensive list of all rinks operated by the responsive bidder or offeror in the last four years, (2) other facilities management or experience of the responsive bidder or offeror, (3) other skating or hockey management experience of the responsive bidder or offeror, (4) a residential discount program, (5) reservation policies, (6) proposed reasonable rates that will ensure continued public access, (7) required financial audits, (8) policies to encourage use of the rink by persons of all races and nationalities, (9) safety and security plans, (10) seasonal opening and closing dates, (11) hours of operation and (12) how the operator will satisfy the following ice time allocation guidelines. Ice time at rinks under the jurisdiction of the division of urban parks and recreation shall be allocated to user groups in the following priority order: general public skating; non-profit youth groups; school hockey; youth groups other than non-profit youth groups; and adult organizations or informal groups. Ice time may be allocated at the discretion of the operator, provided that general public skating shall be booked at a minimum of 12 hours per week, with a range of times and days which reasonably allow for public skaters of all ages to participate in some public skating sessions. Every effort shall be made to balance the ice allocation needs of long-established youth organizations and newly formed youth organizations in a manner that provides equal opportunity and equal access for youths of each gender.
(c) It shall be a mandatory term of any request for proposals issued by the commissioner and of any contract entered into by the commonwealth with any party regarding the subject matter of this section that any party which has entered into a contract pursuant to this section with the commonwealth shall require, in order to maintain stable and productive labor relations and to avoid interruption of the operation of the rinks and to preserve the safety and environmental conditions of those rinks, that all employees currently working on the operation and maintenance of the rinks be offered employment by any party entering into a contract pursuant to this section. Upon the execution of any agreements authorized by this section, the department of conservation and recreation shall reassign or relocate those employees who do not accept employment with the lessor, to comparable positions within the department subject to applicable collective bargaining agreements.
(d) The provisions of any general or special law or rule or regulation relating to the advertising, bidding or award of contracts, to the procurement of services or to the construction and design of improvements shall not be applicable to any selected offeror which is awarded a contract pursuant to this section, except as provided in this section.
SECTION 2. The inspector general shall review and approve any request for proposal issued by the division before issuance.
The Town of Milton shall have the right of first refusal to lease and enter into agreements authorized by this section in connection with the Max Ulin Rink at a cost of $1 per year for up to 25 years.
Floor Number: 240 Clerk Number: 387
CERTAIN DCR RINK LEASES
Messrs. Hedlund, Morrissey, Tarr, Lees, Knapik and Brown moved that the bill be amended by inserting, after Section 109, the following new Section: -
“SECTION 110. (a)The division of capital asset management and maintenance, in consultation with the department of conservation and recreation, may, notwithstanding the provisions of sections 40E to 40K and 52 to 55, inclusive, of chapter 7 of the General Laws, and utilizing such competitive proposal process or processes as said division deems necessary or appropriate, lease and enter into other agreements, for terms not to exceed 25 years, to one or more proponents, for one or more skating rinks, so as to provide for the continued use, operation, maintenance, repair, and improvement of the following state-owned buildings and facilities together with the land and appurtenances associated therewith, comprising those ice skating rinks and facilities formerly under the jurisdiction of the metropolitan district commission: Connell memorial rink, Weymouth; Flynn memorial rink, Medford; LoConte memorial rink, Medford; Shea memorial rink, Quincy; and, Veterans memorial rink, Somerville.
Such leases and other agreements shall be on terms acceptable to the commissioner of the division of capital asset management and maintenance, after consultation with the commissioner of department of conservation and recreation, and, notwithstanding the provisions of any general or special law to the contrary, shall provide for the lessees to operate, manage, improve, repair, and maintain the properties, and may provide for the department to make initial capital improvements or direct grant funds to the lessee to undertake initial capital improvements at one or more of the properties that the commissioner of said department determines is necessary due to the structural condition of any of the properties. Any such leases or other arrangements requiring improvements to be made to any buildings may include a description of the initially required improvements and, at minimum, performance specifications. Ice time at rinks under the jurisdiction of the division of urban parks and recreation shall be allocated to user groups in the following priority order: general public skating; youth groups; high school hockey; and adult organizations or informal groups. Ice time may be allocated at the discretion of the operator with the following restrictions: general public skating shall be booked at a minimum of 16 hours per week, with a range of times and days which reasonably allow for public skaters of all ages to participate in some public skating sessions. Every effort shall be made to balance the ice allocation needs of long-established youth organizations and newly-formed youth organizations in a manner that provides equal opportunity and equal access for youths of each gender. Such leases and other agreements authorized herein shall provide that any benefits to the communities and the costs of improvements and repairs made to the properties provided by the lessees or the recipients of the properties shall be taken into account as part of the consideration for such leases or other agreements. All consideration received from the leases or other agreements shall be payable to the department of conservation and recreation for deposit into the Urban Parks Trust Fund in accordance with the provisions of section 34 of chapter 92 of the General Laws; provided, that any such consideration received for the Jim Roche memorial rink shall be payable to said department for deposit into the Roche Community Rink Fund in accordance with the provisions of section 2 NNN of chapter 29 of the General Laws. The lessees or the recipients of said properties shall bear all costs deemed necessary or appropriate by the commissioner of the department of conservation and recreation for the transactions including, without limitation, all costs for legal work, survey, title, and the preparation of plans and specifications.
The division, in consultation with the department, when evaluating proposals that are otherwise comparable, shall prefer any proposal to lease a rink or rinks that is submitted by a city or town where the rink or rinks are located, or by a non-profit youth hockey organization in the city or town where the rink or rinks are located, provided that the proposal complies with the ice time allocation guidelines outlined above.
(b) Item 2100-2012 of section 2 of chapter 236 of the acts of 2002 is hereby amended by inserting after the words “North Adams” the following:- provided further that the department may expend said funds, subject to up to a 1 to 1 match of department funds, as a grant to reimburse a lessee for funds expended for improvements made in accordance with an executed lease;”
Floor Number: 241 Clerk Number: 277
MDC RETIREMENT
Mr. Joyce and Mr. Morrissey moved that the bill be amended by inserting at the end thereof, the following new Section:-
SECTION___. Notwithstanding the provisions of any general or special law to the contrary, Section 90C 3/4 of Chapter 32 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking the title and inserting in place thereof the following:-- Increasing allowance of former state and metropolitan district police officers retired after at least twenty years of service.
SECTION 2. Section 90C 3/4 of Chapter 32 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking the text contained therein and inserting in place thereof the following:-- Section 90C 3/4. A former state or metropolitan district police officer, retired prior to July 1, 1992, who has been retired under any provision of this chapter or similar provision or earlier law on account of superannuation after having served in the state or metropolitan district police force for a period of not less than 20 years shall have his retirement allowance increased to an amount not exceeding one-half the rate of regular compensation payable to state police officers holding similar positions, at the time of increasing such allowance, in the comparable grade or classification occupied by such former officer at the time of his retirement.
Floor Number: 242 Clerk Number: 556
FLYNN AND LOCONTI RINKS
Mr. Tisei moved that the bill be amended by inserting, after Section 109, the following new Section:-
"SECTION ____. Subsection (b) of said section 279 of said chapter 149 is hereby amended by striking out the second paragraph and inserting in place thereof following paragraph:- No proposal to lease the Flynn rink in the city of Medford shall be considered responsive, nor shall it be accepted, without a proposal by the same offeror to lease the LoConti rink in the city of Medford, except that a proposal by the City of Melrose and Town of Winchester to lease the Flynn rink, without a proposal to lease the LoConti rink, shall be considered responsive and may be accepted.
Floor Number: 243 Clerk Number: 542
REASONABLE PERMITTING FOR YACHT CLUBS ON DCR PROPERTY
Messrs. Morrissey, Hart, Hedlund and Tolman moved that the bill be amended by inserting after Section 17 the following new section:-
SECTION . Chapter 92 of the General Laws is hereby amended by inserting after section 120 the following new section:-
Section 121. The department of conservation and recreation shall establish a formula by which the fee or lease monies to be collected from yacht clubs in exchange for a permit or lease on the department's properties are to be determined; provided that the department shall consider, but is not limited to, the following factors; the actual revenue generated by the yacht club, the yacht club's service to the community, the number of years the yacht club has been at that location, the size of the yacht club's dues-paying membership, the capital improvements and maintenance on the department's properties, future capital improvements and the fees and taxes paid by the yacht club to the municipality. Nothing in this section shall prohibit the yacht club and the department on negotiating a mutually acceptable permit, permit fee or lease agreement; provided further that any dispute regarding the permit, the lease, or negotiation process, that either party should have shall be subject to chapter 30A of the General Laws.
Floor Number: 244 Clerk Number: 6
BLACKSTONE RIVER ONGOING ENVIRONMENTAL FEASIBILITY STUDY
Mr. Moore moved that the bill be amended, in Section 2, in item 2000-0100, by inserting at the end thereof the following:- provided, however, that not less than $155,000 shall be expended and not less than $60,325 provided as in-kind services toward the completion of the agreement with the U.S. Army Corps of Engineers of an ongoing environmental investigation of the Blackstone River including special focus on Fisherville Pond in Grafton and Rice City Pond in Uxbridge
Floor Number: 245 Clerk Number: 480
QUABOAG AND WARE RIVER PILOT PROJECT
Mr. Brewer moved that the bill be amended, in Section 2, in item 2000-0100, by inserting at the end thereof the following:- "provided further, that $75,000 shall be expended on an education and recreation pilot program in the Quaboag and Ware River Valley to be administered by the Massachusetts watershed coalition;"
Floor Number: 246 Clerk Number: 86
OFFICE OF GEOGRAPHIC AND ENVIRONMENTAL INFORMATION SYSTEMS
Ms. Resor , Messrs. Brewer, Nuciforo and Tarr moved that the bill be amended, in Section 2, in item 2000-9900 by striking out the figures "$280,944" and inserting in place thereof the figure:- "455,677".
Floor Number: 247 Clerk Number: 413
BOAT REGISTRATION
Mr. O'Leary moved that the bill be amended, in Section 2, in item 2030-1000, by adding, at the end thereof, the following:- "; provided further, that no less than $50,000 shall be expended for the purposes of boat registration in the Towns of Hyannis and Fall River."
Floor Number: 248 Clerk Number: 452
ENVIRONMENTAL POLICE OFFICERS
Mr. Brewer and Ms. Resor moved that the bill be amended, in Section 2, in item 2030-1000, by inserting at the end the following:- "provided that $100,000 shall be expended for the cost of patrols performed by environmental law enforcement officers within properties controlled by the division of state parks and recreation" And further amended the item by striking the figure "9,913,746" and inserting in place thereof the following figure:- "10,013,746".
Floor Number: 249 Clerk Number: 604
ENVIRONMENTAL POLICE
Mr. Montigny moves that the bill be amended, in Section 2, by striking out item 2030-1004 and inserting in place thereof the following new item:-
2030-1004 For environmental police private details; provided that the office may expend revenues of up to $250,000 collected from fees charged for private details; provided further that notwithstanding the provisions of any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system .........................................................................$250,000
Floor Number: 250 Clerk Number: 314
Withdrawn