|
|
|---|---|
Floor Number: 251 Clerk Number: 98
DEP MANAGEMENT
Messrs. Nuciforo, Barrios and Brewer moved that the bill be amended, in Section 2, in item 2200-0100, by striking out the figure "$29,866,434" and inserting in place thereof the following figure - "$31,820,112".
Floor Number: 252 Clerk Number: 87
BROWNFIELDS EARMARK
Mr. McGee moved that the bill be amended, in Section 2, in item 2260-8870 by adding the following: "; provided further, that no less than $90,000 shall be provided for Brownfield redevelopment in the City of Lynn".
Floor Number: 253 Clerk Number: 96
HAZARDOUS WASTE CLEAN UP
Messrs. Nuciforo, Brown, Barrios, Brewer and Tarr moved that the bill be amended, in Section 2, in item 2260-8870, by striking out the figure "$14,311,075," and inserting in place thereof the following figure - "$16,466,883".
Floor Number: 254 Clerk Number: 609
PILOT WATERSHED WETLANDS MITIGATION BANK
Mr. Montigny moved that the bill be amended, in Section 2, by inserting after item 2260-8881 the following item:-
"2260-8882 For expenses associated with the pilot watershed wetlands mitigation bank in the Taunton River watershed, established by section 80 of chapter 291 of the acts of 2004; provided, however, that the funds expended shall be repaid to the General Fund within 6 months after credits valued in excess of the amounts expended have been sold and paid.........................................$270,000"
Floor Number: 255 Clerk Number: 585
DEP REGULATIONS
Mr. Antonioni moved that the bill be amended by inserting, after Section 103, the following new Section:-
"SECTION 104. The Department of Environmental Protection is directed to promulgate regulations establishing a procedure by which a municipality and the Department of Environmental Protection can exempt a food service business from certain Title V requirements. Said establishment shall employ a maximum of three and seat a maximum of ten."
Floor Number: 256 Clerk Number: 122
DEPARTMENT OF WILDLIFE AND FISHERIES
Messrs. Moore and O'Leary moved that the bill be amended, in Section 2, in item 2310-0200, by striking the numbers "$8,420,362" and inserting in place thereof the numbers "$8,700,000."
Floor Number: 257 Clerk Number: 84
NATURAL HERITAGE AND ENDANGERED SPECIES PROGRAM
Ms. Resor and Messrs. O'Leary, Brewer, Nuciforo, Brown and Tarr, and Ms. Fargo moved that the bill be amended, in Section 2, by inserting after item 2310-0301 the following new item:-
"2310-0500 For the operation of a natural heritage and endangered species program, in order to match and supplement funds collected through private voluntary contributions...........................$250,000"
And further moved that the bill be amended by inserting at the end thereof the following new section:-
"SECTION XXX. Notwithstanding any general or special law to the contrary, amounts expended from the Natural Heritage and Endangered Species Fund, established by section 35D of chapter 10 of the General Laws, shall be exempt from indirect cost charges pursuant to chapter 29 of the General Laws."
Floor Number: 258 Clerk Number: 476
PUBLIC ACCESS BOARD
Mr. Brewer and Ms. Resor moved that the bill be amended, in Section 2, in item 2320-0100, by striking out the figures "$598,758" and inserting in place thereof the following figures:- "$784,856".
Floor Number: 259 Clerk Number: 227
GLOUCESTER - FAMILY FISHING ASSISTANCE CENTER
Mr. Tarr moved that the bill be amended, in Section 2, in item 2330-0100 by inserting, after the words "Family Fishing Assistance Center in the city of New Bedford" the following: - "provided further, that $50,000 shall be expended for the Family Fishing Assistance Center in the city of Gloucester."
and further moved that the bill be amended, in Section 2, in item 2330-0100 by striking out the figure $3,910,725 and inserting in place thereof the following figure: - $4,010,725
Floor Number: 260 Clerk Number: 324
DIVISION OF MARINE FISHERIES
Messrs. O'Leary, Montigny and Tarr moved that the bill be amended, in Section 2, in item 2330-0100, by striking out the figure "$3,910,725" and inserting in place thereof the following figure:- "$4,260,725."
Floor Number: 261 Clerk Number: 333
FISH AND GAME TRUST FUND
Messrs. O'Leary, Tarr, Knapik, Brown, Brewer, Montigny, Nuciforo and Antonioni, Ms. Spilka, and Mr. Moore moved that the bill be amended by adding, at the end thereof, the following section:-
"Chapter 21A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after section 10 the following new section:- "SECTION 10A: There shall be established and set up on the books of the Commonwealth a separate trust to be known as the Department of Fish and Game Marine and Inland Resource Protection Trust Fund. There shall be credited to the fund all gifts, grants, donations, federal reimbursements, settlements, GIS maps and application fees which the Department is hereby authorized to accept, and other monies and real properties made available to the Office of the Commissioner, the Divisions of Marine Fisheries, Riverways and the Public Access Board within said Department for the purpose of restoring, protecting, and managing the natural resources of the Commonwealth in keeping with the stewardship mission of the Department and its Divisions. All amounts credited to the fund may be expended by the Department without further appropriation and without indirect cost assessments for the purpose of protecting and managing coastal fisheries, the protection and restoration of rivers and lands on a statewide basis, the appropriate development of recreational facilities such as boat and canoe launching areas, docks, and fishing piers and the development of GIS maps and applications. Said fund may be expended for all costs of departmental personnel or contractors and for all other project costs associated with the purposes defined above. Any amounts credited to the fund in excess of the amount expended on an annual basis shall be retained in the fund. The Treasurer shall invest the proceeds of such fund and credit such interest that accrues back to the fund. The Department's expenditure of the amounts in this fund shall be in accordance with relevant state law applicable to the expenditure and record keeping of state funds and shall be subject to audit by the state auditor."
Floor Number: 262 Clerk Number: 675
DEALER REGISTRATION
Mr. Lees moved that the bill be amended by inserting at the end thereof the following section:-
Section 22 of said chapter 90B, as appearing in the 2002 Official Edition, is hereby amended by inserting at the end thereof the following:--
The director shall provide for, upon the sale of snow vehicles, recreation vehicles and vessels, the issuance of snow vehicle, recreation vehicle and vessel term registrations and the assistance with the issuance of snow vehicles and recreation vehicle registrations and vessel registrations and titles through new class 1 or 2 snow vehicle, recreation vehicle and vessel dealers registered pursuant to this section to residents and non-residents. The director shall also provide for the issuance of snow vehicle and recreation vehicle permanent registrations, the renewal or assistance with renewal of snow vehicle, recreation vehicle and vessel registrations and the issuance or assistance with the issuance of vessel titles through dealers registered pursuant to this section, as the case may be, to residents and non-residents. The fee for the registration of each vehicle shall be the same as the fee for an initial registration or renewal thereof pursuant to paragraph 3 and shall constitute payment of the registration fee or renewal thereof required by paragraph 3. Any dealer authorized to issue registration certificates for snow vehicles, recreation vehicles and registration certificates and titles for vessels, who are not employed by the commonwealth, may charge notwithstanding any provision of this chapter or any law to the contrary the applicant an administrative fee in addition to the required registration fee.
Notwithstanding any provision the preceding paragraph, this section or any other provision of this chapter or chapter 90 or any other law to the contrary, the director, the registrar of motor vehicles of the registry of motor vehicles, the commissioner of revenue, the secretary of administration and finance and their staffs shall all work cooperatively to fully utilize the existing registry of motor vehicles electronic vehicle registration program, which presently allows motor vehicle dealers including powersport dealers to issue motorcycle registrations and titles, to its fullest extent possible and as soon as possible but not later than 6 months from the effective date of this section. Notwithstanding any law to the contrary, the director of environmental law enforcement and the registrar of the registry of motor vehicles may negotiate with the vendor supporting and servicing the registry of motor vehicles electronic vehicle registration program and the vendor may negotiate with said officials or their senior staff to assume some or all of any or all of the costs attributed to the startup of this program, including but not limited to the conversion and integration of the snow vehicle, recreation vehicle and vessel data to the registry of motor vehicles data processing system. The division of environmental law enforcement and the registry of motor vehicles are hereby authorized to accept any and all such assistance in the startup of this program from said vendor if such is negotiated. Notwithstanding any law to the contrary, nothing contained in these sections or otherwise shall deem the registry of motor vehicles to be a boating law administrator and nothing contained in this act or otherwise shall cause federal gas tax monies to be diverted from the division of environmental law enforcement and recreational vehicles to the registry of motor vehicles.
SECTION 18B. Section 3 of said chapter 64H, as so appearing, is hereby amended by striking out in lines 9 through 19, inclusive, clause (c) in its entirety and inserting in place thereof the following clause:—
(c) The excise imposed by section two upon sales at retail of motor vehicles or trailers shall be paid by the purchaser to the registrar of motor vehicles, the director of the division of environmental law enforcement, or their agent, as the case may be, in the manner prescribed by the commissioner. The vendor thereof shall not add the tax to the sales price and shall not collect the tax from the purchaser. The vendor thereof shall, however, furnish to the purchaser, the registrar, the director, or their agent, as the case may be, and the commissioner a sworn statement of the sale upon a form prescribed by the commissioner, with the approval of the commissioner, giving such information as the commissioner may require for the determination of such tax; provided, however, said form shall require the vehicle identification number, also known as the VIN. For the purpose of this paragraph, the term "motor vehicle" means any self propelled vehicle designed for use and used primarily upon the highways. For the purpose of this section, the term “motor vehicle” shall also mean a “vessel” as defined in section 1 of chapter 90B, and a “snow vehicle” and a “recreation vehicle” as defined in section 20 of chapter 90B.
SECTION 18C. Section 4 of chapter 64I of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out in lines 16 through 39, inclusive, the second and third paragraphs and inserting in place thereof the following two paragraphs:—
Notwithstanding the provisions of this section, the excise imposed by section 2 upon the storage, use or other consumption of motor vehicles or trailers shall be paid by the purchaser to the registrar of motor vehicles or the director of the division of environmental law enforcement, or their agent, as the case may be, in the manner prescribed by the commissioner. The vendor thereof shall not add the tax to the sales price and shall not collect the tax from the purchaser. The vendor thereof shall, however, furnish to the purchaser, the registrar or the director, or their agent, as the case may be, and the commissioner a sworn statement of the sale upon a form prescribed by the commissioner, giving such information as the commissioner may require for the determination of such tax; provided, however, said form shall require the vehicle identification number, also known as the VIN. For purposes of such determination, the sales price of any motor vehicle, except a motor vehicle purchased from a vendor registered under this chapter who is regularly engaged in the business of making sales at retail of such motor vehicles, shall be the actual amount paid by the purchaser to the vendor for said motor vehicle or the average value of said motor vehicle, whichever is greater. "Average value" for a motor vehicle shall mean the average trade in value listed in the National Automobile Dealers Association used car guide or other value guides or default values as determined jointly by the commissioner and registrar and director, or their agent, as the case may be. The commissioner may establish rules and regulations for accepting values below these values based on the condition of the vehicle at the time of sale or other factors as may be appropriate.
For the purpose of this section, the term “motor vehicle” means any self-propelled vehicle designed for use and used primarily upon the highways. For the purpose of this section, the term “motor vehicle” shall also mean a “vessel” as defined in section 1 of chapter 90B, and a “snow vehicle” and a “recreation vehicle” as defined in section 20 of chapter 90B.
Floor Number: 263 Clerk Number: 51
MMWEC FINANCIAL INSTRUMENTS
Mr. Lees, Augustus, Morrissey, Tisei, Tarr, Hedlund, Knapik and Brown moved that the bill be amended by inserting, after Section ___, the following new section:-
“SECTION ___. Section 5 of said Chapter 775 is hereby amended by striking out clauses (h) and (i) and inserting in place thereof the following new clauses (h) and (i):
(h) to sell, lease, mortgage, exchange, transfer or otherwise dispose of, or to grant options for any such purposes with respect to any real or personal property or interest therein, with or without consideration and notwithstanding whether such real or personal property is needed or useful by the corporation all upon such terms and conditions as the corporation shall determine;
(i) to pledge or assign any money, fees, charges, or other revenues of the agency, or any real or personal property and any proceeds derived by the corporation from the sale of energy or property, insurance or condemnation awards or the purchase of any insurance .
SECTION ___. Said Section 5 of Chapter 775 is hereby further amended by inserting after clause (t) the following clause: (u) to enter into contracts determined by the corporation to be necessary or for the prudent management of the corporation’s assets, funds, debts, or fuels including without limitation, interest rate swaps, option contracts, futures contracts, hedging contracts, leases, or other risk management techniques and forward purchase contracts.
SECTION ___. Section 9 of said Chapter 775 is hereby amended by striking out clause (a) and inserting in place thereof the following new clause (a):
(a) The corporation may, subject to the approval of the department under this act, borrow money by the issues of its bonds for any of its corporate purposes. Bonds may be issued hereunder as mortgage bonds, as general obligations of the corporation or a special obligation payable solely from particular funds. Without limiting the generality of the foregoing, such bonds may be issued for project costs, prepayment of fuel, transmission or transportation of fuel, or the corporation’s share of project costs of electric power facilities or long-term purchases or rights to use electric power facilities which may include interest prior to and during the carrying out of any project and for a reasonable period thereafter, prepayments under contracts for the purchase of energy, or services related thereto, stranded investment cost, early termination costs of any electric project, decommissioning costs, such reserves for debt service or other capital of current expenses as may be required by a trust agreement or resolution securing bonds, and all other expenses incidental to the determination of the feasibility of any project or to carrying out the project or to placing the project in operation.”
Floor Number: 264 Clerk Number: 49
INJURY DISCLOSURE
Mr. Lees moved that the bill be amended, in Section 2, in item 7002-0500 by inserting at the end thereof the following:- "provided further, clause twenty-sixth of section 7 of chapter 4 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended in subparagraph (c) by inserting after the word "information" in line 141 the following:- "relating to the medical or health status of any employee, including, but not limited to, documentation relating to employees injured during the course of their employment" "
Floor Number: 265 Clerk Number: 249
DIVISION OF STANDARDS
Mr. Hart moved that the bill be amended, in Section 2, in item 7006-0067 by striking out the figure $458,900 and inserting in place thereof the following figure: -"$558,900"
Floor Number: 266 Clerk Number: 548
DEPARTMENT OF TELECOMMUNICATIONS AND ENERGY
Mr. Morrissey moved that the bill amended, in Section 2, in item 7006-0070 by striking out the figure "7,897,089" and inserting in place thereof the following figure:- "8,167,225"
Floor Number: 267 Clerk Number: 545
DOER
Messrs. Morrissey, Tarr, Knapik, O'Leary and Ms. Resor moved that the bill amended, in Section 2, in item 7006-1000, by striking the text in its entirety and inserting in place thereof the following two items:-
"7006-1000 for energy efficiency programs; provided, that notwithstanding any general or special law to the contrary, the amount assessed pursuant to provisions included in this act shall be equal to the amount expended from this item......... $400,000."
"7006-1003 For the operation of the division of energy resources; provided, that $100,000 shall be expended for the purchase of electricity produced by renewable energy technologies for the commonwealth's own use, pursuant to subsection (l) of section 4E of chapter 40J of the General Laws...... "$1,056,404".
Floor Number: 268 Clerk Number: 275
STREAMLINE PERMITTING - TECHINICAL ASSISTANCE
Messrs. Hart, Baddour and Nuciforo, Ms. Tucker, Mr. McGee, Ms. Chandler, Mr. Tarr, Ms. Spilka, Messrs. Brown, and Panagiotakos moved that the bill be amended, in Section 2, in item 1110-1000, by striking out the figures “1,102,144” and inserting in place thereof the figure “1,352,144”, ;
and in inserting after line-item 2020-0100 the following:
2020-0101 For the office of technical assistance to provide technical assistance and outreach capacity to support the provisions of chapter 43D of the General Laws .............................. $1,800,000;
and inserting after line-item 7002-0012 the following:
7002-0013 - For the streamlining of state and local permitting processes; provided, that not less than $4,500,000 shall be expended for technical assistance grants as established in section 3(b) of chapter 43D of the General Laws to be administered by the interagency permitting board; provided that not less than $400,000 shall be expended for state permit evaluation and to overhaul state agency services for streamlined and expedited permitting at the direction of the interagency permitting board; provided further, that such analysis and evaluation shall include the executive office of environmental affairs, the executive office of public safety, the executive office of transportation, and the executive office economic development; and provided further, that not less than $1,200,000 shall be expended by the Massachusetts Development Finance Agency to work with local governments to promote and implement the provisions of chapter 43D of the General Laws to foster job creation efforts within the municipality and region ................................ $6,100,000;
And inserting after line-item 7007-0300 the following;
7007-0310 - For the Massachusetts business resource team to manage and market an online inventory of priority development properties and other development sites as established in chapter 43D of the General Laws ........... $1,100,000.
Floor Number: 269 Clerk Number: 649
SUMMER JOBS
Ms. Wilkerson moved that the bill be amended, in Section 2, in item by inserting in line item 7002-0012 the following words:- "provided further, that amounts distributed to each community for fiscal year 2006 shall be in accordance with methods utilized in distribution of said funding in item 7003-0601 in section 2 of chapter 127 of the acts of 1999"
Floor Number: 270 Clerk Number: 234
APPRENTICE TRAINING
Mr. Hart moved that the bill be amended, in Section 2, in item 7002-0101 by inserting after the words "Chapter 31 of the General Laws;" the following: - "provided further, that notwithstanding any general or special law to the contrary, the deputy director shall require each apprentice entering into a written agreement to submit an application to the division for an apprentice identification card; provided further, that the application shall be accompanied by a fee of $35 and paid by the apprentice or the program sponsor, together with photographic prints as required by the deputy director; provided further, that said card shall expire one year from the date of issue requiring each apprentice to submit an application to the division for an updated apprentice identification card which shall be accompanied by a fee of $35 paid by the apprentice or the program sponsor; provided further, that the first $125,000 of the fees collected by the division for this identification card program shall be deposited into the General Fund; provided further, that the second $125,000 of said fees shall be deposited into the special trust account created to fund and maintain the identification card program pursuant to chapter 357 of the acts of 2002 and the remainder of all fees collected shall be deposited into the General Fund;"
Floor Number: 271 Clerk Number: 608
OCCUPATIONAL SAFETY
Mr. Montigny moved that the bill be amended, in Section 2, in item 7002-0200, by striking the figure "$2,336,350" and inserting in place thereof the following figure:- "$2,480,246" .
Floor Number: 272 Clerk Number: 327
THE SPRINGFIELD HEALTH CAREERS PARTNERSHIP PROGRAM
Mr. Buoniconti moved that the bill be amended, in Section 2, in item, 7003-0701, in line 4, by adding the following: "; provided that $150,000 shall be expended as a planning grant for the Springfield Health Careers Partnership Program, UMASS/Amherst School of Public Health and Health Sciences."
Floor Number: 273 Clerk Number: 348
Withdrawn
Floor Number: 274 Clerk Number: 105
WORKFORCE COMPETITIVE TRUST FUND
Mr. McGee moved that the bill be amended, in Section 2, in item 7003-0702 the following item:
"There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Workforce Competitiveness Trust Fund, in this section called the Fund. There shall be credited to the Fund from the general fund annually an amount as determined by appropriation to match workforce training contributions required by section 14L of chapter 151A and collected in each fiscal year pursuant to said requirements, provided by private employers, provided further subject to appropriation, the director of workforce development, shall make expenditures from the Fund for the development and implementation employer-and worker responsive programs to enhance worker skills, incomes, productivity and retention and to increase the quality and competitiveness of Massachusetts firms; train and help the unemployed find employment, improve employment for low income individuals or low wage workers, improve wages to a level sufficient to support a family or place individuals on a career path leading to such employment and wages; train vulnerable youth (18-24 years old) to master basic academic skills including the attainment of a high school credential, develop occupational skills, and become employed in jobs that have career potential; train older workers (ages 45 and older) for new occupations. $2,000,000."
Floor Number: 275 Clerk Number: 118
CHELSEA SUMMER YOUTH EMPLOYMENT
Mr. Barrios moved that the bill be amended, in Section 2, in item 7003-0702, by striking out the words "provided further, that not less than $90,000 shall be expended for Centro Latino de Chelsea to provide workforce training, educational services and other transitional services in the city of Chelsea" and inserting in place thereof the following words:- "provided further, that not less than $200,000 shall be expended for Centro Latino de Chelsea to provide workforce training, educational services, and other transitional services in the city of Chelsea;"
Floor Number: 276 Clerk Number: 133
DEPARTMENT OF WORKFORCE DEVELOPMENT
Mr. Moore, Mr. Antonioni moved that the bill be amended, in Section 2, in item 7003-0702, by inserting at the end thereof the following:- provided further, that not less than $500,000 shall be expended for a high school science teacher training program in biotechnology operated by Commonwealth Corporation.................................. $4,000,000
Workforce Training Fund ....................................... 100.0%
Floor Number: 277 Clerk Number: 152
SOMERVILLE GANG PREVENTION
Mr. Barrios moved that the bill be amended, in Section 2, in item 7003-0702 by inserting the following words:- "and provided further that not less than $250,000 shall be expended for a gang intervention prevention program called the At-Risk Teens Youth Project, operated by the Center for Teen Empowerment Inc., for the community of Somerville;"
Floor Number: 278 Clerk Number: 153
CHELSEA SUMMER YOUTH EMPLOYMENT
Mr. Barrios moved that the bill be amended, in Section 2, in item 7003-0702, by striking out the words "provided further, that not less than $90,000 shall be expended for Centro Latino de Chelsea to provide workforce training, educational services and other transitional services in the city of Chelsea" and inserting in place thereof the following words:- "provided further, that not less than $200,000 shall be expended for Centro Latino de Chelsea to provide workforce training, educational services, and other transitional services in the city of Chelsea;"
Floor Number: 279 Clerk Number: 334
AN ACT FOR ECONOMIC DEVELOPMENT IN SPRINGFIELD
Messr. Buoniconti and Lees moved that the bill be amended, in Section 2, in item 7003-0702, by inserting the following language:- "; provided further that not less than $100,000 shall be expended for the Springfield Technical Assistance Program (TAP), to be operated by the Affiliated Chambers of Commerce of Greater Springfield."
Floor Number: 280 Clerk Number: 363
CENTRAL MASSACHUSETTS INSTITUTE FOR WORKFORCE DEVELOPMENT
Ms. Chandler and Mr. Augustus moved that the bill be amended, in Section 2, in item 7003-0702, by inserting at the end thereof the following wording:- "; and provided further, that not less than $2,849,000 shall be provided to the Central Massachusetts Regional Employment Board for operation of the Central Massachusetts Institute for Workforce Development located at the Worcester Vocational High School."
and moved to further amend the bill, in Section 2, in item 7003-0702, by striking the figure "$5,649,500" and inserting in place thereof the following figure:- "$8,498,500".
Floor Number: 281 Clerk Number: 448
VOCATIONAL TRAINING IN SPRINGFIELD
Messrs. Buoniconti and Lees moved that the bill be amended, in Section 2, in item 7003-0702, by inserting the following language:- "; provided further that not less than $200,000 be expended for Massachusetts Career Development Institute, Inc (MCDI) in Springfield."
Floor Number: 282 Clerk Number: 493
CENTRO LAS AMERICAS IN THE CITY OF WORCESTER
Mr. Augustus and Ms. Chandler moved that the bill be amended, in Section 2, in item 7003-0702 by inserting after the words "Martin Luther King, Jr. Business Empowerment Center in the City of Worcester;" the following "provided further, that not less than $100,000 shall be expended for Centro Las Americas to provide workforce training, educational services and other transitional services in the city of Worcester;"
Floor Number: 283 Clerk Number: 671
MASSEIO-EMPLOYEE INVOLVEMENT AND OWNERSHIP PROGRAM
Messrs. Tolman, Knapik, Hart moved that the bill be amended, in Section 2, in item 7003-0702, by striking out the line "that not less than $127,000 shall be expended for the employee involvement and ownership program," and replace with the line "that not less than $196,960 shall be expended for the employee involvement and ownership program".
Floor Number: 284 Clerk Number: 241
YOUTH EMPLOYMENT IN WESTERN MASS
Messrs. Buoniconti and Lees moved that the bill be amended by adding the following outside section: Section 66 of Chapter 149 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out section 66, as so appearing, and inserting in place thereof the following section:
Section 66- No person shall employ a boy or a girl under eighteen or permit such boy or girl to work in, about or in connection with any establishment or occupation named in section fifty-six or sixty before six o'clock in the morning, or after ten o'clock in the evening; provided, that boys or girls under eighteen may be employed as operators in regular service telephone exchanges or telegraph offices until, but not after, eleven o'clock in the evening; and provided further, that boys or girls between the ages of sixteen and eighteen may be employed in restaurants and race tracks until, but not after, twelve o'clock in the evening on Fridays and Saturdays and during school vacation periods, excepting the last day of such vacation period, and provided further that boys or girls between the ages of sixteen and eighteen may be employed at Six Flags New England until, but not after, eleven o'clock in the evening, during the 2005 school summer vacation period, excepting the last day of such vacation period.
Floor Number: 285 Clerk Number: 278
ADVISORY BOARD
Messrs. Hart, Baddour, Nuciforo, Tucker, McGee, Chandler, Tarr, Spilka, Brown, and Panagiotakos moved that the bill be amended by adding the following section:
SECTION ___. Chapter 23A of the General Laws, as appearing in the 2002 official edition, is hereby amended by inserting at the end thereof the following new section: -- Section 62. There shall be an interagency permitting board within the department of economic development. The members of the board shall be the secretary of economic development, the secretary of transportation, the secretary of environmental affairs, the secretary of public safety, the chair of the development coordinating council, and the executive director of the Massachusetts Development Finance Agency or their designees. Four members shall constitute a quorum for the transaction of business. At the direction of the secretary of economic development, the board shall meet no less than 8 times per year, and shall monitor the development of priority development sites as provided for in chapter 43D, and investigate ways in which to expedite priority development site projects. The boards shall evaluate state agency permit procedures and recommend changes for improved efficiency.
Floor Number: 286 Clerk Number: 519
SELF SUFFICIENCY STANDARD
Ms. Walsh and Ms. Fargo moved that the bill be amended by inserting, after Section____, the following new Section:-
“SECTION___. (a) Whereas, In today's economy, employers face a shortage of skilled labor; Whereas, Lower-wage workers do not earn enough to support their families; Whereas, Lack of an adequately prepared workforce can cause employers to turn to workers outside of the Commonwealth; Whereas, A skilled labor shortage can have an impact on the economic strength of the Commonwealth; and Whereas, The poverty guidelines as measured by the federal government do not adequately reflect the costs of living in Massachusetts; Therefore, It shall be the responsibility of the Commonwealth to define a self-sufficiency standard in order to provide a measure of the extent to which the incomes of households in Massachusetts are sufficient to support the costs of living, working, raising a family, and paying taxes in Massachusetts.
(b) Not later than June 30, 2006, the Commonwealth Corporation, known in this section as the Corporation, shall develop a self-sufficiency standard for the commonwealth, known in this section as the standard. As used in this section, the term "self-sufficiency standard," shall mean the amount of income needed by a family or household to provide for adequate housing, food, child care, health care, transportation and employment-related expenses, and to pay taxes. The Corporation may enter into a contract through the competitive procurement process for the development of such standard.
(c) Such standard shall take into account the family size and age of children, and shall take into account regional variations in the costs of housing and child care, the differential inflation rates that affect the growth of these costs, and the effect of existing tax laws, including state sales tax, payroll taxes, federal and state income tax, child care tax credits and the earned income tax credit. In developing the standard, the Corporation shall rely, to the extent possible, on data reported by the United States Census Bureau, United States Department of Housing and Urban Development and on other data reported to state and federal agencies using standardized methodology and shall consult with state departments or agencies that serve low-income populations. Housing costs will be determined using fair market rents for apartments as reported by the United States Department of Housing and Urban Development. Child care costs will be determined using average costs for licensed child care facilities, including, but not limited to, family day care, as reported to the commonwealth's child care resource and referral agencies for children of different ages in different areas of the state. The president of the Commonwealth Corporation shall establish an advisory board to advise the Corporation on all matters relating to the development of a self-sufficiency standard and future revisions to it. The advisory board shall be composed of 25 members, each of whom shall serve a term of 2 years. The following shall be members of the board: the secretary of administration and finance or his designee, the director of labor and workforce development or his designee; the secretary of health and human services or his designee; the commissioner of the department of revenue or his designee; the director of housing and community development or her designee; 4 members of the senate, 3 of whom shall be appointed by the president of the senate and 1 by the senate minority leader; 4 members of the house of representatives, 3 of whom shall be appointed by the speaker and 1 by the house minority leader; the chairman of the board of higher education or his designee; 1 faculty member of a Massachusetts university or college with research expertise in the areas of demographics, living costs and labor markets to be selected by the Commonwealth Corporation; and representatives of the following 10 organizations to be nominated by their respective organizations and selected by the Commonwealth Corporation: the Massachusetts Family Economic Self-Sufficiency Project; the Massachusetts AFL-CIO; the Associated Industries of Massachusetts; the Massachusetts Association of Community Colleges; the Massachusetts Taxpayers Foundation; the Massachusetts Workforce Boards Association; the Massachusetts Community Action Program Directors' Association; the Women's Industrial and Educational Union; the Citizens' Housing and Planning Association; and the Massachusetts Association of Day Care Agencies. (3) Members of the advisory board shall serve without compensation.
(d) Not later than June 30, 2006, the Commonwealth Corporation shall report the self-sufficiency standard, including the methodology used to arrive at the standard to the clerks of the house of representatives and senate, the house and senate committees on ways and means and the joint committee on commerce and labor. The Standard shall be distributed to each of the state executive offices and state agencies that counsel individuals who are seeking education, training or employment, including, but not limited to, the executive office of health and human services, the department of labor and workforce development, the department of transitional assistance, the department of public health, the department of social services, the Massachusetts rehabilitation commission, the department of housing and community development, the department of economic development, the Massachusetts office of business development, the office of child care services, the board of higher education, all workforce investment boards and One Stop Career Centers. The standard shall be made available to educational institutions, nonprofit organizations, and the general public upon request. The standard shall also be made available on any internet site established and maintained by the Commonwealth Corporation. (2) Such state agencies and other entities may use the updated standard to assist and guide individuals who are seeking education, training or employment in establishing personal financial goals and estimating the amount of income such individuals may need to support their families.
(e) The standard shall be updated and issued every other year by the Commonwealth Corporation and shall be reported on June 30 in the second year of each sitting of the general court, with the next update on June 30, 2006.
(f) The standard shall not be used to increase the amount of entitlement benefits provided by the Commonwealth, unless enacted by the Legislature and subject to appropriation, and said standard shall not give rise to enforceable legal rights in any party to services or entitlements or an enforceable entitlement to services or benefits not currently provided.
Floor Number: 287 Clerk Number: 647
CLARIFYING THE RELATIONSHIP OF REAL ESTATE BROKERS AND SALESPERSONS
Ms. Wilkerson moved that the bill be amended after Section 109, the following new Section 110:
SECTION 110.
WHEREAS, the deferred operation of this act would tend to defeat its purpose, which is to clarify that the employment relationship between a real estate broker and individuals licensed as real estate brokers or salespersons can be that of an employer and independent contractor, even though the individual is engaged in the usual course of business of the employing broker; therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled andby the authority of the same, as follows:
SECTION 1. Section 148B of chapter 149 of the General Laws, as amended by chapter 193 of the acts of 2004, is further amended by inserting the following paragraph at the end thereof:
(f) Notwithstanding the foregoing provisions of section 148B or any other provision of any other general or special law to the contrary, a licensed real estate broker or salesperson working in the usual course of business of a licensed real estate broker shall be deemed to be an independent contractor and not an employee, provided that: (1) the services performed by the licensed individual are pursuant to a written agreement with the employing broker which provides that the individual will not be treated as an employee with respect to such services; and, (2) substantially all the remuneration for services performed by the licensed individual are directly related to sales or output rather than to the number of hours worked.
SECTION 2. The effective date of Section 1 shall be retroactive to July 19, 2004.
Floor Number: 288 Clerk Number: 3
MARLBOROUGH COMMUNITY DEVELOPMENT CORPORATION
Ms. Resor moved that the bill be amended, in Section 2, in item 7004-0099 by adding at the end thereof the following:- ";provided, further that not less than $25,000 be expended for Marlborough community Development Corporation"
Floor Number: 289 Clerk Number: 308
BARNSTABLE ADULT DAY SERVICES
Mr. O'Leary moved that the bill be amended, in Section 2, in item 7004-0099, by adding the following:- "provided further, that not less than $250,000 be expended for the purposes of constructing an Adult Day Services facility in the Town of Barnstable."
Floor Number: 290 Clerk Number: 329
Withdrawn
Floor Number: 291 Clerk Number: 404
HOUSING AND COMMUNITY DEVELOPMENT GRANTS
Mr. Lees moved that the bill be amended, in Section 2, in item 7004-0099 by striking the following language:- "provided further, that not less than $150,000 shall be expended for the Hungry Hill Development Corporation in the city of Springfield" and further moved that the bill be amended by inserting the following in said item:- "provided further, that not less than $50,000 shall be expended for the Hungry Hill Development Corporation in the city of Springfield"
Floor Number: 292 Clerk Number: 451
EAST QUABBIN ALLIANCE
Mr. Brewer moved that the bill be amended, in Section 2, in item 7004-0099, by inserting at the end thereof the following words:- "provided further, that not less than $22,000 shall be expended to the East Quabbin Alliance;"
Floor Number: 293 Clerk Number: 479
GREATER GARDNER COMMUNITY DEVELOPMENT CORPORATION
Messrs. Antonioni and Brewer moved that the bill be amended, in Section 2, in item 7004-0099, by inserting after the words "Hungry Hill Development Corporation in the city of Springfield;" the following :- "provided further, that not less than $75,000 shall be expended for the Greater Gardner Community Development Corporation;".
Floor Number: 294 Clerk Number: 484
SOUTH QUABBIN COMMUNITY COALITION
Mr. Brewer moved that the bill be amended, in Section 2, in item 7004-0099, by inserting at the end thereof the following words:- "provided further, that not less than $50,000 shall be expended to the South Quabbin Community Coalition;"
Floor Number: 295 Clerk Number: 520
TECHNOLOGY EQUIPMENT AND INFRASTRUCTURE
Mr. Tisei moved that the bill be amended, in Section 2, in item 7004-0099, by inserting in line 37 after the words "rehabilitation program" the following language:- "; provided further, that not less than $15,000 shall be made available to the town of Reading for the upgrade, renovation, repair or installation of technology equipment and infrastructure for the use of municipal government"
Floor Number: 296 Clerk Number: 530
PLAYGROUND RENOVATION GRANTS
Messrs. Tisei, Lees, Knapik, Tarr, and Brown moved that the bill be amended, in Section 2, by inserting after item 7004-0099 the following new item:-
"7004-1000 For the playground initiative fund, so-called, a grant program for cities and towns of the commonwealth, to provide up to $10,000 per grant for the acquisition, development, renovation of, or equipment for playgrounds or ball fields; provided, the grants shall be administered by the Department of Housing and Community Development and shall be awarded on a first-come-first serve basis to municipalities submitting applications meeting program requirements..............................................$1,000,000"
Floor Number: 297 Clerk Number: 615
NEWBURYPORT AFFORDABLE HOUSING CORP.
Mr. Baddour moved that the bill be amended, in Section 2, in line item 7004-0099 by inserting after the words "Beverly Affordable Housing Coalition;" the following:- "Provided further that $700,000 shall be expended for the Newburyport Affordable Housing Corporation in Newburyport"
Floor Number: 298 Clerk Number: 676
INDIVIDUAL ASSET DEVELOPMENT PROGRAM
Mr. Tolman moves that the bill be amended, in Section 2, in item 7004-0099, by adding the following: "provided further, that not less than $100,000 be expended for the Allston-Brighton Community Development Corporation for the purpose of establishing an individual asset development program through the MIDAS collaborative for low-income residents."
Floor Number: 299 Clerk Number: 683
CAMBRIDGE HOUSING AUTHORITY WORK FORCE PROGRAM
Messrs. Tolman and Barrios moved that the bill be amended, in Section 2, in item 7004-0099 after the phrase "purposes of tenant services" to include:- provided further that no less than $50,000 shall be expended for the Cambridge Housing Authority Work Force Program; and in said item by striking out the figures "$7,791,299" and inserting in place thereof the figures "$7,841,299".
Floor Number: 300 Clerk Number: 344
STATEWIDE FUEL ASSISTANCE
Messrs. O'Leary, Tarr, and McGee, Ms. Fargo, Ms. Chandler, Messrs. Moore and Nuciforo moved that the bill be amended, in Section 2, by adding the following new item:-
"7004-1000- For a State supplement to the Federal Low Income Home Energy Assistance Program, 42 U.S.C. § 8621 et seq., for the purpose of assisting low income elders, working families and other households with the purchase of heating oil, electricity, propane, natural gas and other primary or secondary heating fuel sources; provided that the department shall use such funds to augment any maximum assistance for which a household would be eligible if only federal funding were available; provided further that such supplemental funds may be used for payment of direct benefits, administrative costs and other related expenditures that may be allowed under said federal program; provided further that expenditure of these supplemental funds shall be made in accordance with the state plan submitted by the department of housing and community development in accordance with said federal program; and provided that these funds shall be released no later than November 1, 2005..............$10,000,000."