OTHER  1

HIGHWAY RAMP

Mr. Joyce moved that the bill be amended by inserting, after SECTION ____, the following new Section: -

“SECTION___.  Notwithstanding any general or special law to the contrary, approval or construction of a new route I-95/Dedham Street ramp in the town of Canton shall be subject to prior approval by the Board of Selectmen in the town of Canton.”

JUD  2
REDRAFT
INTEREST ON AWARDS VS PUBLIC ENTITIES

Ms. Menard moved that the bill be amended by inserting, after Section 30 the following section: -
             “SECTION 30A.  Section 9 of chapter 151B of the General Laws, as so appearing is hereby amended by adding the following paragraph: -
Interest awarded by the commission or a court pursuant to section 5, or a by  court under this section, shall be calculated at an annual rate equal to the weekly average one-year constant maturity treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date on which the award is made, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date on which the award is made, and shall be calculated from the date the claim was filed in the tribunal, whether commission or court, that enters the award; provided, however, that such interest shall not exceed the rate of 10 per cent per annum. Post-judgment or post-award interest shall be calculated in the same manner but applying the weekly average rate for the calendar week preceding the date on which the judgment or award is entered by the tribunal. No interest awarded hereunder shall be compounded.” ; and
by inserting, after Section 82, the following section:-

“SECTION 82A.  Section 30 shall apply to all pending actions filed pursuant to section 5 of chapter 151B of the General Laws and to any actions filed pursuant to said section 5 of said chapter 151B on or after the effective date of this act.”  

OTHER  3

LIQUEFIED NATURAL GAS

Ms. Menard moved that the bill be amended by inserting, after Section 85, the following new Section: -

            SECTION 86. Notwithstanding any general or special law to the contrary, the Commonwealth of Massachusetts is hereby prohibited from issuing any permits to new liquefied natural gas facilities that are to be located within 1mile of a school, hospital, or nursing home.

OTHER  4

ROLL YOUR OWN TOBACCO REPORTING

Ms. Menard moved that the bill be amended by inserting, after Section 85, the following new Section: -

           “SECTION 86.  The first paragraph of Section 1 of chapter 64C of the General Laws is hereby amended by striking out the word “cigarettes” in line 6 (in the definition of “manufacturer”) and inserting in place thereof the words “tobacco products”.

SECTION ____.  The first paragraph of Section 1 of chapter 64C of the General Laws is hereby further amended by striking out the words “cigarettes and smokeless tobacco” in the definition of “tobacco products” and inserting in place thereof the words “cigarettes, roll your own tobacco, and smokeless tobacco”.

SECTION ____.  The first sentence of the second paragraph in Section 1 of chapter 64C of the General Laws is hereby  amended by striking out the words “the word ‘cigarette’ shall include within its meaning smokeless tobacco;” and inserting in place there of the following words: “the word ‘cigarette’ shall include within its meaning roll your own tobacco and smokeless tobacco;”

SECTION ____.  The last sentence of the second paragraph in Section 1 of chapter 64C of the General Laws is hereby  further amended by striking out the words “shall not apply to smokeless tobacco.” and inserting in place there of the following words  “shall not apply to roll your own tobacco or smokeless tobacco.  ‘Roll your own tobacco” shall mean, consistent with section 1 of chapter 94E of the General Laws, any tobacco that, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes.”

SECTION ____.  Section 2 of chapter 64C of the General Laws, as so appearing, is hereby amended by inserting after the existing paragraph the following sentence:  “Any Tobacco Product Manufacturer as that term is defined in section 1 of chapter 94E of the General Laws, must be licensed to sell cigarettes and roll your own tobacco in the Commonwealth in addition to satisfying the requirements of chapter 94F of the General Laws and the regulations promulgated there under to qualify for placement on the Commonwealth’s public directory in accordance with section 2 of chapter 94F.”

SECTION ____. The third paragraph in section 6 of chapter 64C of the General Laws, as so appearing, is hereby amended by striking out the words “cigars and smoking tobacco” and inserting in place thereof the words “cigars, roll your own tobacco, and smoking tobacco”.

SECTION ____.  The third paragraph in section 6 of chapter 64C of the General Laws, as so appearing, is hereby further amended by inserting after the existing paragraph the following sentence: “The excise imposed by this section on roll your own tobacco shall be collected by licensed wholesalers who shall sell the roll your own tobacco in the Commonwealth only to those persons licensed to sell roll your own tobacco.  Whenever used in this chapter or chapter sixty-two C, unless the context otherwise requires, the word “smoking tobacco” shall include within its meaning all smoking tobacco other than cigarettes, roll your own tobacco, and cigars.”

SECTION ____.  Subsection (a) of section 7B of chapter 64C of the General Laws, as so appearing, is hereby amended by striking out the words “cigars and smoking tobacco” and inserting in place thereof the words “cigars, roll your own tobacco, and smoking tobacco”.

SECTION ____.  Subsection (a) of section 7B of chapter 64C of the General Laws, as so appearing, is hereby further amended by inserting after the existing paragraph the following sentence: “The excise imposed by this section on roll your own tobacco shall be collected by licensed wholesalers who shall sell the roll your own tobacco in the Commonwealth only to those persons licensed to sell roll your own tobacco.”

SECTION ____.  Subsection (c) of section 16 of chapter 62C of the General Laws, as so appearing, is hereby amended by inserting after the existing paragraph the following sentence: “In addition to other penalties provided by this chapter and chapter 64C, the commissioner may assess a civil penalty of not more than $10,000 for a licensee’s failure to file with its return any schedule prescribed by the commissioner containing information about roll your own tobacco sold in the Commonwealth.  In addition to the civil penalty, the commissioner may impose a 14-day license suspension to distribute for a second failure to file any required schedule within 12 months and a license revocation to distribute for a third failure to file any required schedule with 2 years.  If a licensee knowingly files false information about roll your own tobacco sold in the Commonwealth, the commissioner may assess a civil penalty of not more than $10,000 for each such filing.”

OTHER  5

WORKFORCE COMPETITIVE TRUST FUND

Mr. McGee moved that the bill be amended by inserting the following new section ____: -

“SECTION XX.  Notwithstanding any general or special law to the contrary, 10 days after the effective date of this act, the comptroller shall transfer from the General Fund to the Workforce Competitiveness Trust Fund established pursuant to section 2WWW of chapter 29 of the General Laws an amount equal to the workforce training contributions required by section 14L of chapter 151A of the General Laws and collected in each fiscal year pursuant to said requirements; provided, however, that said transfer shall not be less than $3,000,000.”

OTHER  6

SPECIAL COMMISSION ON CIVIC ENGAGEMENT AND LEARNING

Messrs. Moore, Augustus, Rosenberg, and Ms. Chandler, Ms. Jehlen, and Ms. Spilka moved that the bill be amended by inserting, after Section____, the following Section:-

            SECTION ____. (a) There shall be a special commission on civic engagement and learning consisting of: 3 members of the senate, 1 of whom shall be the senate chairperson of the joint committee on education, 1 of whom shall be a member of the majority party to be appointed by the president of the senate and 1 of whom shall be a member of the minority party to be appointed by the minority leader of the senate; 3 members of the house of representatives, 1 of whom shall be the house chairperson of the joint committee on education, 1 of whom shall be a member of the majority party to be appointed by the speaker of the house of representatives and 1 of whom shall be a member of the minority party to be appointed by the minority leader of the house of representatives; the director of the legislative education office of the general court , or his designee; the chancellor of the board of higher education, or his designee; the commissioner of the department of education, or his designee; the president of the Massachusetts Association of School Superintendents, or his designee; the president of the Massachusetts Association of School Committees, or his designee; the president of the Massachusetts Teachers Association, or his designee; the president of the Massachusetts Chapter of the American Federation of Teachers, or his designee; the president of the Massachusetts Council for the Social Studies, or his designee; the president of the Massachusetts League of Women Voters, or his designee; the president of the Massachusetts Bar Association, or his designee; the Massachusetts state coordinator of the Center for Civic Education; a representative of local government appointed by the Massachusetts Municipal Association; a representative of the judicial branch appointed by the chief administrative justice of the trial court; and 6 members appointed by the governor, 1 of whom shall be the dean of a school of education or chair of a department of education skilled in the preparation of teachers, 1 of whom shall have expertise in adult education, 1 of whom shall be a scholar in the field of civic education, 1 of whom shall have expertise in curriculum development with special emphasis on civic learning, 1 of whom shall have expertise in the field of civic engagement of youth, and 1 of whom shall have expertise in service learning.

(b) The co-chairpersons of the special commission shall be a member of the senate designated by the senate president and a member of the house designated by the speaker of the house of representatives.  The organizational session of the commission shall be convened by the co-chairpersons once the members of the commission have been appointed, but not later than 60 days after the effective date of this act whether or not all of the gubernatorial appointees have been appointed and qualified.

(c) The special commission shall make an investigation and study of the status of civic engagement and learning in the commonwealth including, but not limited to: (1) an assessment of the status of civic education in the commonwealth from kindergarten through high school and undergraduate college education with particular attention to compliance by agencies of public education and public higher education with section 2 of chapter 71 and section 2A of chapter 73 of the General Laws; including an assessment of the civic knowledge of graduates of the public high schools of the commonwealth; (2) an investigation of the opportunities available to the students of the commonwealth for service learning that develops an understanding of the relationship of those experiences with democratic government and a review of programs that teach civic engagement knowledge and skills that are essential to the development of active citizens; (3) an investigation of the status of public and private programs that promote civic engagement and learning including, but not limited to Massachusetts History Day, established pursuant to this act and Massachusetts Student Government Day, established pursuant to section 12M of chapter 6 of the General Laws; and how those programs could be enhanced or expanded through cooperation among themselves and with other entities such as schools and colleges, and through additional resources from public or private sources to be more effective and generally available to a larger number of students or the population at large; (4) an assessment of best practices in civic education in the United States that could serve as models for improving civic engagement and learning in the commonwealth; (5) an assessment of the implementation of the history and social studies curriculum frameworks by the department of education and the school districts of the commonwealth, including recommendations for the development and assessment of practical skills for civic engagement that are complementary to the knowledge based aspects of the frameworks; (6) an assessment of the need for a permanent entity students to promote civic engagement by a responsible citizenry and to encourage the building of partnerships to enhance the teaching and learning of the principles of representative democracy in the commonwealth; and (7) any other matters that the special commission considers relevant to the fulfillment of its mission and purpose.

(d) The special commission may conduct public hearings appropriate to gathering information and to raising the civic awareness of the people of the commonwealth, including the sponsorship of 1 or more statewide or regional conferences involving educators, students, or the public at large. The department of education and the board of higher education shall provide staff and other resources as the commission and those agencies consider appropriate. The special commission shall make its final report to the joint committee on education, including recommendations for legislation or other appropriate measures as it considers necessary, not later than November 1, 2008, and may make interim reports as it considers appropriate.”

OTHER  7

ELECTRONIC HEALTH RECORDS COMMISSION

Messrs. Moore, Montigny, and Ms. Chandler moved that the bill be amended by inserting, after Section____, the following Section:-

    SECTION ___. 1.    The executive office of health and human services shall establish an electronic health records system task force to provide a structure that enables the state to act in a leadership role in the development of state and federal standards for and in the implementation and use of an electronic health records system for children in foster care, individuals and dependents enrolled in the MassHealth and SCHIP programs, and individuals and dependents enrolled in commonwealth care or safety net care programs.

2.   The task force shall consist of no more than nine voting members, selected by the secretary of health and human services, who represent entities with expertise in developing or implementing electronic health records, including but not limited to the United States veterans administration facilities in the state, multi-facility hospital systems in the state, the university of Massachusetts medical school, the e-Rx Collaborative, MA-SHARE, the Massachusetts Health Data Consortium, the Massachusetts e-Health Collaborative, and MassPro, the state’s federally designated Quality Improvement Organization. The chief information officer for the executive office of health and human services shall serve as coordinator of the task force.

In addition, two members of the senate appointed by the president of the senate and one member of the senate appointed by the minority leader of the senate, two members of the house of representatives appointed by the speaker of the house and one member of the house of representatives appointed by the minority leader of the house of representatives, and the commissioner of insurance, the commissioner of medical assistance, the commissioner of children and families, the commissioner of health care fmance and policy, the executive director of the Betsy Lehman Center for Patient Safety, and the executive director of the commonwealth connector shall serve as ex officio, nonvoting members of the task force.

3.   The task force shall:

a. Develop an electronic health records system that provides linkages between multiple settings including, but not limited to the MassHealth and SCHIP programs, programs administered by the Commonwealth Connector, and programs serving children in foster care, that utilize health records and that is consistent with requirements for community health records and electronic prescribing.

b. Evaluate the economic model and the anticipated benefits of electronic health records.

c. Provide quarterly updates to the governor and the chairs of the house and senate committees on ways and means and the chairs of the joint committee on health care financing regarding progress in the development of national standards and the work of the task force.

OTHER  8

ESTABLISHING A COMMISSION ON FALLS PREVENTION

Messrs. Moore and Augustus and Ms. Chandler and Ms. Jehlen moved that the bill be amended by inserting, after Section____, the following Section:-

            SECTION ___.  Chapter 19A of the general laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after section 4C, the following new section:-

(a) There shall be a special commission on falls preventions to make an investigation and comprehensive study of the creation of a statewide falls reduction in the elderly community program. The commission shall consist of 4 members of the senate, 1 of whom shall be the senate chairperson of the joint committee on health care financing, 1 of whom shall be the senate chairperson of the joint committee on elder affairs, 1 of whom shall be a member of the majority party to be appointed by the president of the senate and 1 of whom shall be a member of the minority party to be appointed by the minority leader of the senate; 4 members of the house of representatives, 1 of whom shall be the house chairperson of the joint committee on health care financing, 1 of whom shall be the house chairperson of the joint committee on elder affairs, 1 of whom shall be a member of the majority party to be appointed by the speaker of the house of representatives and 1 of whom shall be a member of the minority party to be appointed by the minority leader of the house of representatives, the secretary of the executive office of health and human services or his designee, the commissioner of the department of public health or his designee, the secretary of elder affairs or his designee,  the commissioner of medical assistance or his designee; and 6 members appointed by the Governor, 1 of whom shall be a designee from the Home Care Alliance of Massachusetts, 1 of whom shall be a designee from the American Association of Retired Persons, 1 of whom shall be a designee from the Massachusetts Extended Care Federation, one of whom shall be a designee from the Massachusetts Councils on Aging, one of whom shall be a designee from the Massachusetts Medical Society, and one of whom shall be a designee of the Massachusetts Pharmacists Association

(b) The Commission on Falls Prevention shall conduct a review of the effects of falls of older adults on health care costs, the potential for reducing the number of falls of older adults and the most effective strategies for reducing falls and health care costs associated with falls. The commission shall:

1. Consider strategies to improve data collection and analysis to identify fall risk, health care cost data and protective factors;
2. Consider strategies to improve the identification of older adults who have a high risk of falling;
3. Consider strategies to maximize the dissemination of proven, effective fall prevention interventions and identify barriers to those interventions;
4. Assess the risk and measure the incidence of falls occurring in various settings;
5. Identify evidence-based strategies used by long-term care providers to reduce the rate of falls among older adults and reduce the rate of hospitalizations related to falls.
6. Identify evidence-based community programs designed to prevent falls among older adults;
7. Review falls prevention initiatives for community-based settings; and
8. Examine the components and key elements of the above falls prevention initiatives, consider their applicability in Massachusetts and develop strategies for pilot testing, implementation and evaluation

(c) The Commission on Falls Prevention shall submit a report to the secretary of health and human services and the joint committee on health care financing, no later than November 2, 2008 that includes findings under section 1, recommendations and suggested legislation. The report must include recommendations for:

1. A statewide demonstration project assessing the utility of targeted fall risk screening and referral programs;
2. Intervention approaches, including physical activity, medication assessment and reduction of medication when possible, vision enhancement and home-modification strategies;
3. Strategies that promote collaboration between the medical community, including physicians, long-term care providers, and pharmacist to reduce the rate of falls among their patients.
4. Programs that are targeted to fall victims who are at a high risk for 2nd falls and that are designed to maximize independence and quality of life for older adults, particularly those older adults with functional limitations; and
5. Programs that encourage partnerships to prevent falls among older adults and prevent or reduce injuries when falls occur.
6. Programs to encourage long-term care providers in Massachusetts to implement falls prevention strategies which use specific interventions to help all patients avoid the risks for falling in an effort to reduce hospitalizations and prolong a high quality of life.

OTHER  9

FAMILY MEDICINE RESIDENCY INCENTIVES PILOT PROGRAM

Messrs. Moore, Augustus, Antonioni, and Ms. Chandler moved that the bill be amended by inserting, after Section____, the following new Section:-

“SECTION ___.  Notwithstanding any general or special law or regulation to the contrary, that a supplemental rate shall be provided annually by the department of health care finance and policy and the executive office of health and human services, masshealth office, to those community health centers serving as three-year family medicine residency training program sites for the commonwealth funded medical school.  This supplemental rate shall be part of a “family medicine residency incentives pilot program” and said rate shall be sufficient to compensate said health centers for the costs associated with operating said residency training sites, and provided further that such supplemental rate shall be paid as an add-on of at least $31.25 to the current rate per patient visit. 

Provided further that the Department of Medicaid shall commission a study to explore the feasibility of expanding this pilot program to other community health centers who establish similar family medicine training programs. The study shall explore the financial impact of this incentive and its potential for expanding the pipeline for family practitioners who choose to treat the poor and underserved in community health and rural settings.  The Department shall report its findings to the House and Senate Chairs of the Joint Committee on Health Care Financing, the Committee on Senate Ways and Means, and the Committee on House Ways and Means no later than April 15, 2008.”

OTHER  10

NURSING AND ALLIED HEALTH TRUST FUND

Messrs. Moore and Brewer, and Ms. Chandler moved that the bill be amended by inserting, after Section____, the following Section:-

            SECTION ___.  (a) Notwithstanding the provisions of any general or special law to the contrary, there is hereby established and set up on the books of the Commonwealth a separate trust fund to be known as the Massachusetts Nursing and Allied Health Workforce Development Trust Fund, hereinafter referred to as the health care workforce trust fund, to which shall be credited any appropriations, bond proceeds or other monies authorized by the general court and specifically designated to be credited thereto, and additional funds including federal grants or loans, or private donations made available to the chancellor of higher education for this purpose. The board of higher education shall hold the health workforce trust fund in an account or accounts separate from other funds or accounts. Amounts credited to the health care workforce trust fund shall be expended by the chancellor of higher education to carry out the purposes set forth in subsection (b).  Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the general fund.

(b) The public purposes of the Massachusetts Nursing and Allied Health Workforce Development Trust Fund shall be to develop and support, in consultation with the Massachusetts Nursing and Allied Health Workforce Development Advisory Committee, short and long-term strategies that increase the number of Massachusetts public and private higher education faculty and students who participate in programs that support careers in fields related to nursing and allied health.  The chancellor of higher education may expend from the health care workforce trust fund such administrative monies as may be necessary for the administration of the Massachusetts Nursing and Allied Health Workforce Development Initiative.  In furtherance of these public purposes, the chancellor of higher education shall expend the health care workforce trust fund monies on activities that are calculated to increase the number of qualified nursing and allied health faculty and students in the commonwealth and improve the nursing and allied health educational offerings available in public higher education institutions.  Grants and other disbursements and activities may involve, without limitation, the University of Massachusetts, state and community colleges, private higher education institutions in partnership with public higher education institutions, business and industry partnerships, regional alliances, workforce investment boards, 501(c)(3) organizations and other community groups which promote the nursing profession. Grants and other disbursements and activities may support, without limitation: (i) the goal of rapidly increasing the number of nurses and allied health workers (ii) enhancing the role of the system of public higher education, as institutions and in partnerships with other stakeholders, in meeting the short and long-term workforce challenges in the nursing and allied health professions and; (iii) the development and use of innovative curricula, courses, programs and modes of delivering education in nursing and allied health professions for faculty and students in these fields and; (iv) activities with the growing network of stakeholders in the nursing and allied health professions to create, implement, share and make broadly and publicly available best practices and innovative programs relative to instruction, development of partnerships and expanding and maintaining faculty and student involvement in careers in these fields; and (v) strengthening the institutional capacity to develop and implement long-term programs and policies to respond effectively to these challenges.

OTHER  11

RELATIVE TO THE REAL ID ACT

Messrs. Moore and Brewer and Ms. Chandler and Ms. Jehlen moved that the bill be amended by inserting, after Section____, the following Section:-

            SECTION____. (1) The General Court finds that the enactment into law by the U.S. congress of the REAL ID Act of 2005, as part of Public Law 109-13, is inimical to the security and well-being of the people of Massachusetts, will cause unneeded expense and inconvenience to those people, and was adopted by the U.S. congress in violation of the principles of federalism contained in the 10th amendment to the U.S. constitution.

 (2) Notwithstanding any other general or special law, the Commonwealth of Massachusetts shall not participate in the implementation of the REAL ID Act of 2005. The Executive Office of Transportation, including the Registry of Motor Vehicles of the executive office, is directed not to implement the provisions of the REAL ID Act of 2005 and to report to the governor any attempt by agencies or agents of the U.S. department of homeland security to secure the implementation of the REAL ID Act of 2005 through the operations of that Registry of Motor Vehicles and executive office, unless the federal government provides sufficient funding to cover the full costs of implementation, provides a reasonable schedule for implementation, and provides protection for all license holders from any abuse of privacy or identity theft through this system by governmental agencies or other parties.

OTHER  12

RELATIVE TO A STATEWIDE SYSTEM FOR REPORTING HOSPITAL ACQUIRED INFECTIONS

Mr. Moore moved that the bill be amended moved that the bill be amended by inserting, after Section____, the following Section:-

“SECTION __.

Section 1.  Subsection (h) of Section 16L of Chapter 6A of the General Laws is hereby amended by inserting the following paragraph:—

SECTION 3. Chapter 111 of the general laws, is hereby amended by inserting after section 205, the following new section:

Section 205A.  Hospital acquired infection reporting.

Section 2. (a) Each hospital shall maintain a program capable of identifying and tracking hospital acquired infections for the purpose of public reporting under this section and quality improvement. Such  programs shall have the capacity to identify the following elements: the specific infectious agents or  toxins  and  site  of  each infection; the clinical department or unit within the facility where the patient  first  became  infected;  and  the  patient's diagnoses and any relevant specific surgical, medical or  diagnostic  procedure  performed during the current admission.

(b) No later than October 1, 2007, the department of public health  shall promulgate regulations, guidelines, definitions, criteria, standards and coding for hospital identification, tracking and reporting of hospital acquired infections  which  shall  be  consistent  with  the  recommendations of recognized centers of expertise in the identification and  prevention of hospital acquired  infections including, but not limited to the National Health Care Safety Network of  the  Centers for Disease Control and Prevention or its successor. The department shall consult with the Health Care Quality and Cost Council prior to such promulgation, and may solicit and consider public comment.

(c) Hospitals shall be initially required to identify, track and report hospital acquired infections that occur in critical care units to include surgical wound infections and central line related bloodstream infections.

(d) Subsequent to the initial requirements identified in paragraph (c) of this subdivision the department shall, in consultation with the Health Care Quality and Cost Council, annually review and make a determination whether to require the tracking and reporting of other types of hospital acquired infections (for example, ventilator - associated pneumonias) that occur in hospitals and may also require the reporting of other standard quality measures and outcomes.

Section 4. (a) Subject to paragraph (c) of this subsection, on or before May first of each  year the commissioner shall submit  a report to the governor, the joint committee on health care financing, and the House and Senate committees on ways and means, and the Health Care Quality and Cost Council, which shall simultaneously be published in its entirety on the council's web site, that includes, but is not limited to, hospital acquired infection rates adjusted for the potential differences in risk factors for each reporting hospital, an analysis of trends in the prevention and control of hospital acquired  infection  rates  in  hospitals across the state, regional  and,  if available, national comparisons for the purpose of comparing  individual hospital performance,  and  a narrative describing lessons for safety and quality improvement that can be learned from leadership hospitals and programs.

(b) The commissioner shall consult with the Health Care Quality and Cost Council, and may consult with any technical advisors who have regionally or nationally acknowledged expertise in the prevention and control of hospital acquired infection and infectious disease, in order to develop the adjustment for potential differences in risk factors to be used for public reporting.

 (c) (i) No later than January 1, 2008,  the  department shall  establish  a hospital acquired infection reporting system capable of  receiving  electronically  transmitted reports from hospitals.  Hospitals shall begin to submit such reports as directed by the commissioner but in no case later than July 1, 2008.

(ii) The first year of data submission under this section shall be considered the “pilot phase" of the statewide hospital acquired infection reporting system. The purpose of the pilot phase is to ensure, by various means, including any audit process referred to in subdivision seven of this section, the completeness and accuracy of hospital acquired infection reporting by hospitals. For the data reported during the pilot phase, hospital identifiers shall be encrypted by the department in any and all public databases and reports.  The department shall provide each hospital with an encryption key for that hospital only to permit access to its own performance data for internal quality improvement purposes.

Information and records which are necessary to comply with the “pilot phase” of the statewide hospital acquired infection reporting system established pursuant to this section and which are necessary to the work product of medical peer review committees and agents of the department, including incident reports required to be furnished to the Board of Registration in Medicine or any information collected or compiled for the purpose of providing information for the development of the statewide hospital acquired infection reporting system shall be deemed to be proceedings, reports or records of a medical peer review committee for purposes of section two hundred and four of this chapter and may be so designated by the patient care assessment coordinator; provided, however, that such information and records so designated by the patient care assessment coordinator may be inspected, maintained and utilized by the Board of Registration in Medicine, including but not limited to its data repository and disciplinary unit. Such information and records inspected, maintained or utilized by the board of registration in medicine shall remain confidential, and not subject to subpoena, discovery or introduction into evidence, consistent with section two hundred and four; however, such records may not remain confidential if disclosed in an adjudicatory proceeding of the Board of Registration in Medicine, but the information and records shall be otherwise subject to the protections afforded by section two hundred and four. In no event, however, shall records of treatment maintained pursuant to section seventy of this chapter, or incident reports or records or information which are not necessary to comply with the development of the statewide hospital acquired infection reporting system pursuant to this section be deemed to be proceedings, reports or records of a medical peer review committee under this section; nor shall any person be prevented by the provisions of this section from testifying as to matters known by such person independent of the development of the statewide hospital acquired infection reporting system pursuant to this section.

(iii)  No later than one hundred eighty days after the conclusion of the pilot phase, the  department  shall  issue  a  report  to  hospitals assessing the overall accuracy of the data submitted in the pilot phase and provide guidance for improving the  accuracy  of  hospital  acquired infection reporting. The department shall also issue a report to the governor, the joint committee on health care financing, and the House and Senate committees on ways and means, assessing the overall completeness and accuracy of the data submitted  by  hospitals during the pilot phase  and  make recommendations for the improvement or modification of hospital acquired infection  data  reporting  based  on  the  pilot phase as well as share lessons learned  in  prevention  of  hospital  acquired  infections. No hospital identifiable data shall be included in the pilot phase report, but aggregate or otherwise de-identified data may be included. 

(iv) After the pilot phase is completed, all data submitted under this section and  compiled  in  the  statewide  hospital  acquired  infection database  established  herein  and  all public reports derived therefrom shall include hospital identifiers.

Section 5.  To assure the accuracy of the self-reported hospital acquired infection data and to assure that public reporting fairly reflects what actually is occurring in each hospital, the department shall develop and implement an audit process.

Section 6.  For the purpose of ensuring that hospitals have the resources needed for ongoing staff education and training in hospital acquired infection prevention and control, the department may make such grants to hospitals within amounts appropriated therefore.

Section 7. Individual patient identifying information reported to the department under this section shall be subject to the provisions of section 70 of chapter 111. Regulations under this section shall include standards to assure the protection of patient privacy in data collected and released under this section and standards for the publication and release of data reported under this section.

Section 8.  Any licensed hospital in the Commonwealth, which does not comply with this section and the rules and regulation set forth by the department may have its license revoked or suspended by said department, be fined up to $1,000 per day per violation, or both.”

OTHER  13

REQUIRING THE REPORTING OF CERTAIN MEDICAL ERRORS

Mr. Moore moved that the bill be amended by inserting, after Section____, the following Section:-

            “SECTION ___. 

Section 1. Subsection (e) of Section 16L of Chapter 6A of the General Laws is hereby amended by inserting the following subsection:—

(i) no later than October 1, 2007, the council shall promulgate regulations that create a list of “never events”, so-called. The council shall update the list annually, based upon guidelines developed by the National Quality Forum, and other patient safety and medical quality experts. Reporting of each never event shall be included in the consumer website created by subsection (h) of this section. Initial publication of the never event occurrences on the consumer website shall occur no later than 1 year following the date of implementation of this section. The website shall identify both the never events and the facilities at which each occurred,  but shall not include any other identifying information including but not limited to any of the health care professionals, facility employees, or patients involved.

(j) Notwithstanding any provisions in the General Laws to the contrary, no third party payer, including the Commonwealth, an insurer licensed or otherwise authorized to transact accident or health insurance organized under chapter 175, a nonprofit hospital service corporation organized under chapter 176A, a nonprofit medical service corporation organized under chapter 176B, a health maintenance organization organized under chapter 176G and an organization entering into a preferred provider arrangement under chapter 176I, may knowingly reimburse a health care professional or a health care facility for services that resulted in any of the adverse health care events listed above, and no health care professional or health care facility may bill the patient for such services.

SECTION 2. Section 51 of Chapter 111 of the General Laws is hereby amended by inserting the following subsection:- A hospital licensed under this chapter shall report each never event occurrence listed in regulations promulgated by authority of subsection (e)(i) of section 16E of Chapter 6A, to the Betsy Lehman Center for Patient Safety and Medical Error Reduction, the Department of Public Health, the Board of Registration in Medicine’s Patient Care Assessment division, and the Health Care Quality and Cost Council, as soon as is reasonably and practically possible, but no later than 15 working days after discovery of the never event. Any licensed hospital in the Commonwealth, which does not comply with this section and the rules and regulation set forth by the department may have its license revoked or suspended by said department, be fined up to $1,000 per day per violation, or both.”

OTHER  14
REDRAFT

STATE HOUSE RENOVATION COMMISSION

Messrs. Moore, Brewer, and Augustus, and Ms. Chandler and Mr. Tarr moved that the bill be amended by inserting, after Section____, the following new Section:-
            “SECTION___.  Notwithstanding any other provision of general or special law, there is hereby established a special commission to prepare, plan, and oversee the investigation, design, and construction of a complete multi-phase, multi-year interior restoration and renovation of the 556,000 square foot State House complex and its art work; said restoration and renovation is to be conducted while the historic facilities remain fully occupied and open to visitors; and provided further that said commission shall consider the overall health of the building including, but not limited to, improved public and handicapped access, structural reinforcement, health and safety improvements, technological upgrades, and esthetic refurbishing of the building  such as improvements to HVAC, electrical service, plumbing, installation of audio-visual and web-casting equipment in the House and Senate Chambers and committee hearing rooms, creation of additional space for hearing rooms, development of a visitors welcome center and gift shop, development of cafeteria/snack bar facilities.  The commission, in cooperation with the trustees of the State Library, shall investigate the feasibility of relocating the facility to modernize and enhance services to the General Court, state employees, and the public.  The commission, in cooperation with the Constitutional officers, shall investigate the feasibility of relocating executive branch functions and facilities.
Said commission shall consist of three members of the Senate, two of whom shall be appointed by the President of the Senate, and one who shall be appointed by the Minority Leader of the Senate; three members of the House of Representatives, two of whom shall be appointed by the Speaker of the House of Representatives, and one who shall be appointed by the Minority Leader of the House; the Secretary of Administration and Finance, or designee; the State Superintendent of Buildings, the Commissioner of the Division of Capital Assets Maintenance, or designee; the Secretary of the Commonwealth or his Designee; the Executive Director of the Massachusetts Historical Commission, or designee; and members appointed by the Governor, including but not limited to leading members of the architectural, engineering, and construction fields with expertise in restoration and preservation of eighteenth and nineteenth century historic buildings.  Said commission shall prepare and submit a budget for its operation, including funds to retain consultants, and make such interim reports as may be necessary, including recommendations for financing, and shall make a final report to the House and Senate Committees on Ways and Means, the joint committee on Bonding, Capital Expenditures, and State Assets, and the joint committee on State Administration.  The Governor, the President of the Senate, and the Speaker of the House shall be ex-officio members of the commission, and shall designate one of their appointees to serve as co-chair of the commission.”

OTHER  15

STREAMLINE SALES AND USE TAX STUDY

Mr. Moore and Ms. Chandler and Ms. Jehlen moved that the bill be amended by inserting, after Section____, the following Section:-

            SECTION __. Notwithstanding any rule, law or regulation to the contrary, the department of revenue is hereby authorized and directed to prepare a feasibility study, together with a draft of legislation amending chapters 64H and 64I of the general laws, and such other changes in general law as may be necessary to bring Massachusetts into full compliance with the streamlined sales and use tax agreement, so-called, in furtherance of the provisions of section 82 of chapter 4 of the acts of 2003.  The department shall file its report, together with any recommendations for legislation, with the joint committee on revenue and the House and Senate committees on Ways and Means not later than December 1, 2007.

OTHER  16

PONKAPOAG GOLF COURSE LEASE

Messrs. Joyce and Tarr moved that the bill be amended by inserting after SECTION ___, the following new Section:-

“SECTION ___. Chapter 40 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following section: -

3B) - The Town of Canton shall have the opportunity to lease the Ponkapoag Golf Course and control  hours of operation, provided further, (1) a commitment to give the town of Canton community benefits equal to or greater then the amount that the contracting entity would pay in property taxes for the golf course if it were taxable commercial property and (2) that for the first five (5) years of any contract or lease, the contractor or lessee shall not raise any existing fees and charges for greens fees, golf cart and club rentals more than $5 per year and for season passes more than 5% per year. Subsequent to year five of any contract or lease, if the contractor or lessee proposes to increase any fee, or charge, they shall submit a letter of request to DCR.  In considering each request, DCR will consider all factors that DCR deems relevant, including, without limitation, the following:

1. (i)                  Capital investments made by  contractor or lessee to the Premises;
2. (ii)                Greens fees and other fees and charges by other  public golf courses within reasonable proximity of the Premises;
3. (iii)               The length of time since the last fee increase, if any; and
4. (iv)              Fees charged at other  existing DCR golf courses, it being a goal of DCR to ensure consistency in fees charged at such facilities.

; and

In said section, by striking the section in its entirety and replacing it with:

Notwithstanding any other provisions of this section or any other general or special law to the contrary, 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 golf course and to preserve the safety and environmental conditions of the course, that all employees currently working on the operation and maintenance of the course be offered employment by any party entering into a contract pursuant to this section, and that any such contract shall adopt all terms and conditions of employment provided by the last applicable labor agreement negotiated between the labor organization representing said employees and the employer who has most recently employed said employees prior to entering into any contract pursuit to this act; provided, however, that any party entering into such contract with the commonwealth pursuant to this section shall pay all of said employees not less than the sum of applicable wages paid to said employees by the previous employer.  Any such party entering into such contract with the commonwealth shall negotiate a successor agreement with the last applicable labor organization representing said employees prior to the expiration of the existing contract. Such parties shall agree to meet their legal obligations with regard to any labor organization representing employees engaged in the operation and maintenance of the course. Notwithstanding any special or general law to the contrary, any party entering into such contract with the Commonwealth shall provide all employees working on the operation and maintenance of the course with all of the rights and benefits including retirement and pension benefits, seniority rights, compensation and salary grade, accrued rights to holidays, sick leave, vacation and health insurance benefits, union representation or certified collective bargaining unit as certified by the state labor relations commission, and local union representation or affiliation that are at least equal to said employees' benefits provided by the Commonwealth.  Notwithstanding any other provisions of this act any proposal not complying with the above terms shall be disqualified from consideration.  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 positions within the department at the same wages and benefits, subject to applicable collective bargaining agreements.”

OTHER  17
REDRAFT
GIFT BAN

Mr. Montigny moved that the bill be amended by inserting, after Section ___, the following new Section:-
SECTION 1. Chapter 112 of the general laws, as appearing in the 2004 Official Edition, is hereby amended by inserting at the end the following new section:-
“Section 227.  The department of public health, in consultation with the board of registration of pharmacy, shall promulgate regulations requiring the licensing of all pharmaceutical representatives.  As a prerequisite to such licensing, pharmaceutical representatives shall complete such training as may be deemed appropriate by the department.  As a prerequisite to the renewal of such license, pharmaceutical representatives shall complete continuing education as may be deemed appropriate by the department.  The fee for such license shall be $500 per year.  Revenue generated from this fee shall be divided in equal shares, 50 per cent to the office of attorney general, line item 0810-0000, for the investigation and prosecution of Medicaid fraud and other fraudulent drug pricing schemes disadvantaging the commonwealth or its citizens and 50 per cent to the board of registration in pharmacy, line item 4510-0722, to assist the board in implementing patient safety and medical error reduction programs.”
Section 1 of chapter 268B of the general laws, as appearing in the 2004 Official Edition, is hereby amended by inserting in paragraph “(g)”, line 39, after the word “entertainment”, the following words:- “meals, travel”; and by inserting after paragraph “(m)” the following new paragraphs:-
“(n) “pharmaceutical manufacturer agent”, a pharmaceutical marketer or any other person who for compensation or reward does any act to promote, oppose or influence the prescribing of a particular prescription drug or medical devise or category of prescription drugs or medical devices.  The term shall not include a licensed pharmacist, licensed physician or any other licensed healthcare professional with authority to prescribe prescription drugs who is acting within the ordinary scope of the practice for which he is licensed;
“(o) “pharmaceutical marketer”, a person who, while employed by or under contract to represent a pharmaceutical manufacturing company, engages in pharmaceutical detailing, promotional activities or other marketing of prescription drugs in this state to any physician, hospital, nursing home, pharmacist, health benefit plan administrator or any other person authorized to prescribe, dispense or purchase prescription drugs.  The term does not include a wholesale drug distributor licensed under section 37A of chapter 112, a representative of such a distributor who promotes or otherwise markets the services of the wholesale drug distributor in connection with a prescription drug, or a retail pharmacist registered under section 37 of chapter 112 if such person is not engaging in such practices under contract with a manufacturing company;”.
Section 1 of said chapter 268B is hereby further amended by deleting “(o)” and inserting in place thereof “(p)”; and by deleting “(p)” and inserting in place thereof “(q)”; and by deleting “(q)” and inserting in place thereof “(r)”; and by deleting “(r)” and inserting in place thereof “(s)”; and by deleting “(s)” and inserting in place thereof “(t)”.
Said chapter 268B is hereby amended by inserting after the words “Section 6” the following letter “(a)”; and by inserting at the end of section 6, after line 6, the following paragraph:-
“(b) No pharmaceutical manufacturer agent shall knowingly and willfully offer or give to a public official, and no public official shall knowingly or willfully solicit or accept from any pharmaceutical manufacturer agent, gifts of any value.  A person who violates this section shall be punished by a fine of not more than $5,000 or by imprisonment for not more than 2 years, or both.”
The general laws are hereby amended by adding after chapter 268B the following new chapter:-
Chapter 268C.  Physician and Pharmaceutical Manufacturer Conduct
Section 1.  As used in this chapter, the following words shall have the following meanings:-
"Gift", a payment, entertainment, meals, travel, honorarium, subscription, advance, services or anything of value, unless consideration of equal or greater value is received.  “Gift" shall not include anything of value received by inheritance, a gift received from a member of the physician’s immediate family or from a relative within the third degree of consanguinity of the physician or of the physician’s spouse or from the spouse of any such relative, or prescription drugs provided to a physician solely and exclusively for use by the physician’s patients.
"Immediate family", a spouse and any dependent children residing in the reporting person's household.
“Medical device”, an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is:
            (1) recognized in the official National Formulary, or the United States Pharmacopeia, or any supplement to them,
            (2) intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in man or other animals, or
            (3) intended to affect the structure or any function of the body of man or other animals, and which does not achieve its primary intended purposes through chemical action within or on the body of man or other animals and which is not dependent upon being metabolized for the achievement of its primary intended purposes.
            "Person", a business, individual, corporation, union, association, firm, partnership, committee, or other organization or group of persons.
“Pharmaceutical marketer”, a person who, while employed by or under contract to represent a pharmaceutical manufacturing company, engages in pharmaceutical detailing, promotional activities, or other marketing of prescription drugs in this state to any physician, hospital, nursing home, pharmacist, health benefit plan administrator, or any other person authorized to prescribe, dispense, or purchase prescription drugs.  The term does not include a wholesale drug distributor licensed under section 36A of chapter 112, a representative of such a distributor who promotes or otherwise markets the services of the wholesale drug distributor in connection with a prescription drug, or a retail pharmacist registered under section 37 of chapter 112 if such person is not engaging in such practices under contract with a manufacturing company.
“Pharmaceutical manufacturing company”, any entity which is engaged in the production, preparation, propagation, compounding, conversion, or processing of prescription drugs, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, or any entity engaged in the packaging, repackaging, labeling, relabeling, or distribution of prescription drugs.  The term does not include a wholesale drug distributor licensed under section 36A of chapter 112 or a retail pharmacist registered under section 37 of chapter 112.
“Pharmaceutical manufacturer agent”, a pharmaceutical marketer or any other person who for compensation or reward does any act to promote, oppose or influence the prescribing of a particular prescription drug or medical device or category of prescription drugs or medical devices.  The term shall not include a licensed pharmacist, licensed physician or any other licensed health care professional with authority to prescribe prescription drugs who is acting within the ordinary scope of the practice for which he is licensed.
            “Physician”, a person licensed to practice medicine by the board of medicine pursuant to section 2 of chapter 112 who prescribes prescription drugs for any person, or the physician’s employees or agents.
“Prescription drugs”, any and all drugs upon which the manufacturer or distributor has placed or must, in compliance with federal law and regulations, place the following or a comparable warning: “Caution federal law prohibits dispensing without prescription.”
Section 2.  No pharmaceutical manufacturer agent shall knowingly and willfully offer or give to a physician or a member of a physician’s immediate family or a physician’s employee or agent or a health care facility or employee or agent of a health care facility, and no physician or a member of a physician’s immediate family or a physician’s employee or agent or health care facility or employee or agent of a health care facility shall knowingly and willfully solicit or accept from any pharmaceutical manufacturer agent, gifts of any value.
Section 3.  A person who violates this section shall be punished by a fine of not more than $5,000 or by imprisonment for not more than 2 years, or both.”

OTHER  18

WITHDRAWN

OTHER  19

RETIREMENT BENEFITS

Mr. Timilty moved that the bill be amended by inserting, after Section _____, the following new Section: -

“SECTION____. Section 3 (2) (g) of chapter 32 of the General Laws is hereby further amended, by inserting, in the paragraph entitled Group 4, after the words, “any police officer of the Massachusetts Transportation  Authority”, the following words: - “any police officer of the University of Massachusetts Police Department.”.

OTHER  20

WITHDRAWN

OTHER  21

MASS TECHNOLOGY COLLABORATIVE CORRECTION

Ms. Creem, Mr. Moore, and Mr. Timilty moved that the bill be amended at the end by adding the following new section:

“SECTION _____.  (a) Section 6A of Chapter 40Jof the General Laws as appearing in the 2004 Official Edition is hereby amended in line 16 by striking the words, “the director of the office of business and technology” and inserting in place thereof the words, “the undersecretary of business development”

(b)  Said section 6A is further amended in line 19 by striking the words, “the house and senate committees on science and technology” and inserting in place thereof the following:-

the joint committee on economic development and emerging technologies

(c)  Said section 6A is further amended in line 42 by inserting, after the words, “purposes of the institute.” the following sentence:-

The institute shall be a resource for, and provide grants to, emerging scientific fields such as stem cell and other forms of biomedical research, that are not eligible for federal funding.

(d)  Said section 6A is further amended in line 66 by striking the words “the house and senate committees on science and technology and ways and means” and inserting in place thereof the following:-

the joint committee on economic development and emerging technologies and the house and senate committees on ways and means

OTHER  22

WITHDRAWN

OTHER  23

ESSENTIAL COMMUNITY PROVIDER TRUST

Mr. Downing moved that the bill be amended in Section 64, line 13, by adding the following after “September 1, 2007”; “provided further, that not less than $750,000 shall be provided as a one-time grant to a teaching hospital located in central Berkshire county”.

OTHER  24

RENEWABLE ENERGY JOBS CREATION

Messrs. Downing, Augustus, Ms. Fargo, and Ms. Chandler moved that the bill be amended by inserting after section 11 the following section:

Section 11A: “Section 67D of chapter 62C of the General Laws, as most recently amended by section 58 of chapter 123 of the acts of 2006,  is hereby further amended by inserting after the words “or marine science technology”, each time it appears, the following words:-  or renewable energy technology.

Said section 67D of said chapter 62C is hereby further amended by inserting after the definition of “Payment years”, as so appearing, the following definition:-

“Renewable energy technology company,” a business primarily engaged in the research, development, production or provision of renewable energy for the purpose of developing or providing products or processes for specific commercial or public purposes; provided, however, that “Renewable energy technology company” shall include contract manufacturers engaged in the production of such products for a renewable energy technology company.

Said section 67D of said chapter 62C is hereby further amended by striking out the definition of “Qualified services”, as amended by section 58 of chapter 123 of the acts of 2006” and inserting in place thereof the following definition:-

            “Qualified services”, direct production manufacturing services performed by an employee of a biotechnology or medical device manufacturing or marine science technology or renewable energy technology company during a calendar year that consist primarily of at least 1 of the following services: medicinal and botanical manufacturing; pharmaceutical and preparation manufacturing; in vitro diagnostic substance manufacturing, biological product, except diagnostic, manufacturing, surgical and medical instrument manufacturing; electromedical and electrotherapeutic apparatus manufacturing; surgical appliance and supplies manufacturing; and irradiation apparatus manufacturing as referenced in the federal NAICS Codes for biotechnology manufacturing, numbers 325411-325414, 339112, 314510, 339113 and 334517, respectively, or direct manufacturing or professional services performed by an employee of a marine science technology company during a calendar year that consists of research, exploration, operations, monitoring or defense in a marine setting or direct manufacturing or professional services performed by an employee of a renewable energy technology company during a calendar year that consist of research, development, production or provision for renewable energy.”

OTHER  25

WITHDRAWN

OTHER  26
REDRAFT

AN ACT RELATIVE TO FINANCIAL REQUIRMENTS OF BUSINESS, CORRESPONDENCE AND TRADE SCHOOLS

Mr. Barrios and Mr. Brownmoved that the bill be amended by inserting, after Section ____, the following new section: -
SECTION ____.Section 1A of Chapter 75C, as appearing in the 2004 Official Edition, is hereby amended in line 23 by adding the following sentence:
“The State Auditor may adopt regulations, issue guidelines and prescribe forms to carry out the provisions of this section and section four.”
Section 2.  Section 4 of Chapter 7SC, as appearing in the 2004 Official Edition, is hereby amended in line 6 by striking the “and not more than one hundred thousand dollars”
Section 3.  Section 4 of Chapter 75C, as appearing in the 2004 Official Edition, is hereby amended in Line 56 by striking the words “doing business in the commonwealth” and inserting in its place the following:- “legally authorized to do business in the commonwealth”
Section 4  Section 3 of Chapter 75D, as appearing in the 2004 Official Edition, is hereby amended in Line 24 by adding the following sentence: “The State Auditor may adopt regulations, issue guidelines and prescribe forms to carry out the provisions of this section and section fourteen.”
Section 5.   Section 14 of Chapter 75D, as appearing in the 2004 Official Edition, is hereby amended in Line 11 by striking the words “and not more than one hundred thousand dollars”
Section 6.  Section 14 of Chapter 75D, as appearing in the 2004 Official Edition, is hereby amended in Line 61 by striking the words “doing business in the commonwealth” and inserting in its place the following; “legally authorized to do business in the commonwealth.”
Section 7.  Section 20A of Chapter 93, as appearing in the 2004 Official Edition, is hereby amended in line 23 by adding the following sentence:- “The State Auditor may adopt regulations, issue guidelines and prescribe forms to carry out the provisions of this section and section twenty-one F.”
Section 8.  Section 21F of Chapter 93, as appearing in the 2004 Official Edition, is hereby amended in line 6 by striking the words “and not more than one hundred thousand dollars”
Section 9.  Section 21F of Chapter 93, as appearing in the 2004 Official Edition, is hereby amended in Line 56 by striking the words “doing business in the commonwealth” and inserting in its place the following; “ legally authorized to do business in the commonwealth.”

OTHER  27

HEALTH INSURANCE FOR A DIVORCED SPOUSE

Ms. Walsh moved that the bill be amended by inserting, after Section____, the following new Section:-

 “SECTION ____.    Notwithstanding any other general or special law to the contrary, and effective June 28, 1984,  Patricia M. Walsh of 19 Jonathan Street in New Bedford, Massachusetts shall be eligible for the insurance benefits made available to the divorced or separated spouses of an employee or retiree who has such health insurance or coverage as provided in section 11A of chapter 32A.” 

OTHER  28

SUBSTANCE ADDICTION TREATMENT

Ms. Walsh moved that the bill be amended by inserting, after Section____, the following new Section:-

 “SECTION ____.Chapter 29 of the General Laws, as so appearing, is hereby amended by inserting after section 2XX the following section: -
Section 2AAA. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Substance Abuse Health Protection Fund. Amounts credited to said fund shall be expended, subject to appropriation, to provide funding, or supplement existing levels of funding, for the following purposes:
(a) For a comprehensive substance abuse treatment program, to be administered by the department of public health, for the treatment of individuals who are dependent on or addicted to alcohol or controlled substances, or both alcohol and controlled substances, and who lack public or private health insurance that would provide coverage for such treatment; (b) To fund such substance abuse treatment programs that are administered by the office of community corrections, the department of corrections, the department of social services, the department of youth services, and the office of the commissioner of probation;  (c) For comprehensive school health education programs, to be administered by the department of education, provided that such programs shall incorporate information relating to the hazards of alcohol and controlled substances use; and (d) For workplace-based and community substance abuse prevention and drinking cessation programs, for substance abuse-related public service advertising and for drug and alcohol education programs, to be administered by the department of public health.

SECTION 2. Notwithstanding clause (g) of section 6 of chapter 64H or any other general or special law to the contrary, there shall be a sales tax of 5 per cent on each vendors gross receipts on each sale at retail of alcoholic beverages for off-premises consumption.  Notwithstanding any general or special law to the contrary, the proceeds of said tax together with any penalties, forfeitures, interest, costs of suits and fines collected in connection therewith, all as determined by the commissioner of revenue according to his best information and belief shall be credited to the Substance Abuse Health Protection Fund.  Any appropriation, grant, gift, or other contribution explicitly made to said fund at any time, and any income derived from the investment of amounts credited to said fund shall also be credited to the Substance Abuse Protection Fund

OTHER  29
REDRAFT

CORRECTIVE AMENDMENT

Mr. Panagiotakos moved to amend the bill, in Section 2, in item 0320-0010, by striking out the figure “$1,188,510” and inserting in place thereof the following:- “$1,208,522”;
And, in said Section 2, in item 0511-0270 by striking the figure “$800,000” and inserting in place thereof the figure “$600,000”;
And, in said Section 2, by inserting after item 1100-1100 the following item:-
“1100-2010  For the purposes of establishing an administrative records list in accordance with Section ____ of this act………………………..……………………….…..$200,000”
And, in said Section 2, in item 1108-5200 by striking out the words “provided further, that prior year costs incurred by self-insured plans shall be funded from this item” and inserting in place thereof the following words:-
“provided further, that funds may be expended from this item for the Commonwealth’s share of group insurance premium and plan costs provided to the employees and retirees in prior fiscal years”;
And, in said Section 2, in item 2000-0100, by striking the figure “$6,677,069” and inserting in place thereof the following figure:- “$7,200,741”;
And, in said Section 2, in item 2511-0100, by striking the figure “$4,692,183” and inserting in place thereof the following figure:- “$4,942,183”;
And, in said Section 2, in item 2800-0100, by striking the figure “$5,451,481” and inserting in place thereof the following figure:- “$6,004,212”;
And, in said Section 2, in item 2800-0500, by striking the figure “$2,835,000” and inserting in place thereof the following figure:- “$3,885,000”;
And, in said Section 2, in item 2820-0100, by striking the figure “$26,463,582” and inserting in place thereof the following figure:- “$26,788,582”;
And, in said Section 2, in item 4000-0112, by inserting after the word “foundation” the following words:- “ provided further, that not less than $100,000 shall be expended for Children’s Friend and Family Services of Salem; provided further, that not less than $50,000 shall be expended for a community fitness and nutrition program for youth in the town of Watertown operated by Boston Boxing and Fitness, Inc.”;
And, in said Section 2, in said item 4000-0112, by striking out the figure “$4,695,000” and inserting in place thereof the following:- “$5,480,000”;
And, in said Section 2, by inserting, after item 4000-0352, the following new item:-
“4000-0355 For the operation of a health care quality and cost council established pursuant to section 3 of chapter 58 of the acts of 2006 to promote high-quality, cost-effective patient-centered care………………………………….…$1,000,000”;
And, in said Section 2, in item 4000-0700, by striking the figure “20” and replacing with the following:- “21”;
And, in said Section 2, by striking out item 4100-2008;
And, in said Section 2, in item 4401-1100, by striking out the words:- “The department of transitional assistance may expend not more than $7,000,000 from revenue received from the United States Department of Agriculture for food stamp outreach and employment and training programs and any enhanced funding or bonuses; provided, that the department may expend such revenue for employment and training services provided to recipients of transitional aid to families with dependent children”;  and inserting in place thereof the following words:-
“The department of transitional assistance may expend an amount not to exceed $7,000,000 from federal bonuses and from reimbursements received from the United States Department of Agriculture for food stamp employment and training programs as provided in section 2A of chapter 18 of the General Laws; provided, that up to $5,000,000 of revenue received for services provided by or under contract with state agencies or from bonuses shall be expended on additional services for recipients of transitional aid to families with dependent children; and provided further, that up to $2,000,000 shall be expended for additional services provided by non-state agencies as identified in subsection (e) of said section 2A”;
And, in said Section 2, in item 4406-3000, by striking out the figure “$35,730,136” and inserting in place thereof the following figure:- “$35,939,936”;
And, in said Section 2, in said item 4512-0200, by striking out the figure “$77,911,216” and inserting in place thereof the following:- “$77,811,216”;
And, in said Section 2, in said item 4513-1000, by striking out the figure “$6,396,716” and inserting in place thereof the following:- “$7,206,716”;
And, in said section 2, in item 4800-0038, by striking out the figure “$51,554,725” and inserting in place thereof the following figure:- “$52,094,725”;
And, in said section 2, in item 4800-1400, by striking out the figure “$69,919,542” and inserting in place thereof the following figure:- “$70,466,542”;
And, in said Section 2, in item 7003-0701, by striking out “and provided further, that the director shall demonstrate that each dollar expended generates not less than $5 in private investment in job training” and inserting in place thereof the following words:-
“and provided further, that, in accordance with section 2RR of chapter 29 of the General Laws, the director shall demonstrate that each dollar expended generates not less than $5 in private investment in job training”;
And, in said Section 2, in item 7003-0702, by string out the figure “$7,723,000” and inserting in place thereof the following figure:- “$8,103,000”;
And, in said Section 2, in item 7004-0099, by inserting at the end thereof the following words:-
“provided further, that $100,000 shall be expended for ABCD North End elderly program; provided further, that not less than $50,000 shall be expended for the Center for Sustainability to assist in its mission; provided further, that not less than $50,000 shall be expended for the Lowell Wish Project”;
And, in said Section 2, in said item 7004-0099, by striking the figure “$8,520,831” and inserting in place thereof the following figure:- “$9,020,831”
And, in said Section 2, in item 7007-0900, by inserting at the end thereof the following words:-
“provided further, that not less than $75,000 shall be expended for the Captain Gerald F. DeConto program in Sandwich; provided further, that not less than $15,000 shall be provided to the Cape Cod Cranberry Growers for the production of a Cranberry Harvest Map”;
And, in said Section 2, in said item 7007-0900, by striking the figure “$17,346,265” and inserting in place thereof the following figure:- “$20,443,265”;
And, in said Section 2, in item 7035-0002, by striking out the figure “$28,101,348” and inserting in place thereof the following figure:- “$30,301,348”;
And, in said Section 2, in item 7061-0012, by striking out the words “further, that in order to facilitate such monitoring, the department may allocate funds from this item to item 7061-0029, as necessary, pursuant to allocation plans submitted to the house and senate committees on ways and means 30 days prior to any transfer”;
And, in said Section 2, in item 7061-9404, by striking out the figure “$11,604,139” and inserting in place thereof the following figure:- “$12,199,139”;
And, in said Section 2, in item 7066-0000, by striking out the figure “$2,875,766” and inserting in place thereof “$3,475,766”;
            And, in said section 2, in item 8910-0000, by striking out the figure “$185,948,998” and inserting in place thereof the following figure:-  “$187,808,488”;
And, in said section 2, in item 8910-0102, by striking out the figure “$66,202,260” and inserting in place thereof the following figure:-  “$66,864,283”;
            And, in said section 2, in item 8910-0105, by striking out  the figure “$43,753,795” and inserting in place thereof the following figure:-  “$44,191,333”;
And, in said section 2, in item 8910-0107, by striking out the figure “$62,965,667” and inserting in place thereof the following figure:-  “$63,595,324”;
            And, in said section 2, in item 8910-0108, by striking out  the figure “$8,352,332” and inserting in place thereof the following figure:-  “$8,435,855”;
And, in said section 2, in item 8910-0110, by striking out the figure “12,100,351” and inserting in place thereof the following figure:-  “$12,221,355”;
            And, in said section 2, in item 8910-0145, by striking out the figure “$14,993,973” and inserting in place thereof the following figure:-  “$15,143,913”;
And, in said section 2, in item 8910-0619, by striking out the figure “$43,369,034” and inserting in place thereof the following figure:-  “$43,802,724”;
And, in item 9110-1900, by striking out the figure “$5,935,303” and inserting in place thereof, in each instance, the following figure:- “$6,295,303”;
And, in section 2D, by inserting the following item:-
"4512-9069  For the purposes of a federally funded grant entitled, Substance Abuse Prevention and Treatment Block Grant..................................................... $33,912,526"
And, in said section 2D, by inserting the following item:-
“8700-0006 For the purposes of a federally funded grant entitled, Military Construction Costs in Methuen……………..…………………………………………….$23,069,877”
And, in said section 2D, in item 8700-0143, by striking out the words “For the purposes of a federally funded grant” and inserting in place thereof the following words:- “For the purposes of an expendable trust;”
And by striking out Sections 5, 20, 36, 42 and 79;
And, in Section 9, by striking out subsection (g) and inserting in place thereof the following:-
“(g) The board of trustees shall, every 3 years, undertake a review of the eligibility requirements in subsection (e) as well as the workforce needs of the Commonwealth and determine which occupations could benefit from an award such as this, and which occupations, if any, no longer require this program. The board may amend the eligibility requirements and expand or contract the program in accordance with the changing workforce needs of the Commonwealth.”;
And by inserting after Section 38 the following 4 sections:-
“SECTION 38A.  Section 1 of Chapter 2 of the Resolves of 2006 is hereby amended by inserting in the first sentence after the phrase “the secretary of veterans’ services or his designee,” the following “the lieutenant governor or his designee, the secretary of administration and finance or her designee, the commissioner of the department of corrections or his or her designee, the secretary of health and human services or her designee, and thesecretary of housing and economic development or his designee,”
SECTION 38B.  Section 1 of Chapter 2 is hereby amended by deleting in the first sentence the phrase: “and each member of the interagency council on homelessness and housing, established by Executive Order number 454 dated November 30, 2003.”
SECTION 38C.  Section 2 of Chapter 2 is hereby further amended by striking in the first sentence the words, “June 30, 2007,” and inserting in place thereof the words, “November 30, 2007.”
SECTION 38D.  Section 4 of Chapter 2 is hereby further amended by inserting after the words “who shall forward the same to” the words “the governor,” and by striking in the first sentence the words, “June 30, 2007,” and inserting in place thereof the words, “November 30, 2007.” ”
And, in Section 48, by striking out the figure “16” and inserting in place thereof the figure:- “12”;
And, in Section 63, by adding the following words:-

“The office of the inspector general may also continue to expend funds appropriated in chapter 240 of the acts of 2004 from the Uncompensated Care Trust Fund, or any successor fund, for the costs associated with a study and review of the Massachusetts Medicaid program, in conjunction with the state auditor, for the purpose of identifying areas where a prospective program may be put into place to help reign in costs with no reduction in care being delivered. The state auditor and the inspector general shall report their findings and recommendations to the secretary of health and human services, the joint committee on health care financing, and the house and senate ways and means committees on or before April 1, 2008.”
And, in said Section 63 by inserting after the words “Uncompensated Care Trust Fund” the following words:- “or any successor fund”;
And, in Section 72, by striking out the words “June 30, 2007” and inserting in place thereof the following words:- “October 1, 2007”;
And by striking Section 82 and inserting in place thereof the following section:-
“SECTION 82.  Sections 12, 22 and 25 shall take effect on October 1, 2007.”
            And by inserting after Section 77 the following new section:-
“SECTION 77A.  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.” ”

OTHER  30

MUNICIPAL REAL ESTATE TAX NOTICES

Mr. Augustus moved that the bill be amended by inserting, after Section 84, the following new Section:-

“SECTION 84A. The first paragraph of section 57 of chapter 59 of the General Laws, as amended by section 19 of chapter 122 of the Acts of 2006, is hereby further amended by striking out the last sentence and inserting in place thereof the following sentence:- A first actual real estate tax bill sent out for fiscal year 2008 or any subsequent year pursuant to this section shall contain a statement that there exists a delinquency if any tax, betterment assessment or apportionment thereof, water rate, annual sewer use, or other charge which may constitute a lien is overdue more than 90 days; provided however, that for purposes of this sentence, such delinquencies shall not include those relating to fire service, electric, water or sewer use in any city or town served by more than one independent municipal or district fire, electric, water, sewer, or joint water and sewer district or in any city or town served by an independent municipal or district fire, electric, water, sewer, or Joint water and sewer district that is not principally domiciled in that city or town.

SECTION 84B. The seventh paragraph of section 57C of chapter 59 of the General Laws, as amended by section 19 of chapter 122 of the Acts of 2006, is hereby further amended by striking out the second sentence and inserting in place thereof the following sentence:- A first actual real estate tax bill sent out for fiscal year 2008 or any subsequent year pursuant to this section shall contain a statement that there exists a delinquency if any tax, betterment assessment or apportionment thereof, water rate, annual sewer use, or other charge which may constitute a lien is overdue more than 90 days; provided however, that for purposes of this sentence, such delinquencies shall not include those relating to fire service, electric, water or sewer use in any city or town served by more than one independent municipal or district fire, electric, water, sewer, or joint water and sewer district or in any city or town served by an independent municipal or district fire, electric, water, sewer, or joint water and sewer district that is not principally domiciled in that city or town.”

OTHER  31

DCR HISTORIC CURATORSHIP PROGRAM

Messrs. Augustus, Joyce, Tarr and Hedlund moved that the bill be amended by inserting, after Section 84, the following new Section:-

“Section 84A.  Section 44 of chapter 85 of the acts of 1994, as amended by section 50 of Chapter 15 of the Acts of 1996, and as further amended by section 19 of Chapter 23 of the Acts of 2002, is hereby further amended by inserting after the words “Mount Greylock state reservation” the following words:- , Wilbur Farmhouse and Barn at Borderland state park, Whitehead House at Willowdale state forest, Kerighan House at Bradley Palmer state park, Police Station, Dormitory, Laundry and Waiting Room structures at Nantasket Beach reservation, Caretaker’s Cottage and the Barn at Brookwood Farm in the Blue Hills reservation, 1 Woodland Road in the Middlesex Fells reservation, Print Shop at the Brook Farm Historic Site in West Roxbury, Carriage House at Havey Beach in West Roxbury, CCC Camp in Upton state forest, Teahouse and Boathouse in Maudsley state park.”

OTHER  32
REDRAFT

DEFIBRILLATORS ON MBTA COMMUTER RAIL TRAINS

Mr. Brown , Ms. Spilka, Mr. Joyce, Mr. Augustus, Jr., Ms. Creem and Messrs. Timilty and Tarr  moved that the bill be amended by in Section 2, by inserting, after item 6005-0015 the following item:

            “6005-0016- For a Pilot Program for the Massachusetts Bay Transit Authority Commuter Rail on the  Franklin Line, Framingham/Worcester Line, and Providence/Stoughton Line to fund the installation of defibrillators on trains to be used in certain emergency situations………………………………………………$30,000;”

OTHER  33

WITHDRAWN

OTHER  34

WITHDRAWN

OTHER  35
REDRAFT

40A STUDY COMMISSION

Mr. Tarr, along with Mr. Tisei, Mr. Knapik, Mr. Hedlund, Mr. Brown, Ms. Resor, and Mr. O’Leary and Mr. Baddour moved that the bill be amended by inserting, after Section 83, the following new Section: -
“Section 84. There is hereby established a special commission to study the provisions of Chapter 40A of the General Laws as they relate to the planning and production of housing, economic development and the character of municipalities in the Commonwealth.
Said commission shall consist of the Secretary of the Housing and Economic Development or his designee, who shall serve as its chair, the Undersecretary for Housing and Community Development or her designee, the Secretary of Energy and Environmental Affairs or his designee, the Attorney General or her designee, three members of the Senate to be appointed by the Senate President, provided that one shall be of the minority party, and one shall be the chair of the Joint Committee on Environment, Natural Resources, and Agriculture, three members of the House of Representatives to be appointed by the Speaker, provided that one shall be a member of the minority party, and one shall be the chair of the Joint Committee on Environment, Natural Resources, and Agriculture, and not more than twenty-six members to be appointed by the Secretary, provided that at least two shall represent the Citizens Housing and Planning Association, at least two shall be members of the American Association of Planners, MA Chapter, at least one shall be a member of the zoning reform working group, at least two shall represent builders of housing in the Commonwealth, at least three shall represent elected local officials from towns in the Commonwealth, at least two shall represent elected officials from cities in the Commonwealth, at least two shall represent appointed planning board members in the Commonwealth, at least one shall represent another appointed local official, at least one shall represent the Real Estate Bar Association, at least three shall represent realtors in the Commonwealth, one of which shall represent the Greater Boston Real Estate Board, and one of which shall represent the Massachusetts Association of Realtors, at least one shall represent the National Federation of Independent Business, at least one shall represent the Associated Industries of Massachusetts, at least one shall represent the Massachusetts High-Tech Council, at least one shall represent the Massachusetts municipal association, at least one shall represent the Environmental League of Massachusetts, at least one shall represent the Massachusetts Audubon society, and at least one shall represent  another environmental organization in the Commonwealth.
Said commission shall review all of the provisions of Chapter 40A and determine whether or not changes are necessary in order to facilitate the increased planning and production of appropriate housing of type and density, the preservation of open space and other natural and historic resources, the creation of housing necessary to expand and sustain the workforce of the Commonwealth, the streamlining of the regulatory process pursuant top Chapter 40A so as to avoid unproductive cost and delay, and to foster the long-term prosperity of the Commonwealth.
Said commission may include in its considerations the expanded or modified use of such mechanisms as cluster development, open space residential design, transferable development rights, or others as it may deem appropriate.
Said commission shall report its findings, together with any legislative recommendations resulting from those findings, with the Clerks of the House and Senate, the Joint Committee on Housing, the Joint Committee on Municipalities and Regional Government, the Joint Committee on Economic Development and Emerging Technology and the House and Committees on Ways and Means no later than twelve months following the passage of this act.

OTHER  36

ASSISTED LIVING FACILITY MASTER PLAN

Mr. Tarr moved that the bill be amended by inserting, after Section 83, the following new Section:-

SECTION 84. (a) The Secretary of Elder Affairs and the Commissioner of the Department of Housing and Community Development are hereby authorized and directed, in conjunction with other agencies of the Commonwealth as necessary, to develop a state-wide plan for the development and maintenance of assisted living facilities, so-called.  Said plan shall include and assessment of existing and projected need for such facilities across all income levels, available capacity of existing facilities for tenants at all income levels, and projected development of additional capacity in the next twenty-five years.  Said plan shall also assess any and all means being utilized for payment by individuals for residence in assisted living facilities and the projected availability of such means in the future for individuals at all income levels from public and private sources, including but not limited to, Medicare, Medicaid and private insurers.

(b) Said plan, based on said assessments, shall included strategies to meet the needs identified in such assessments and to facilitate the availability of assisted living facilities for individuals of all income levels throughout the Commonwealth, including the development and maintenance of capital infrastructure, program services, and public and private sources of financing assisted living residence for the citizens of the Commonwealth.

(c) Subject to appropriation, not less than two hundred thousand dollars shall be expended for the purposes of this Act.  Said plan prescribed herein, together with any recommendations for legislation necessary to the plan, shall be filed with the clerks of the Senate and House of Representatives not later than two years following the passage of this Act.

OTHER  37

CHAPTER 70 EQUALIZATION FUND

Mr. Tarr moved that the bill be amended in Section 11 by striking out subsection (c) and adding the following new section in place thereof:-

“(c) if the amount remaining after the designations in clause (a) is at least $125,000,000, the entire remaining amount shall be disposed of as follows:

1. (i)                  $25,000,000 shall be transferred to the Massachusetts Life Science Investment Fund;
2. (ii)                $25,000,000 shall be transferred to the Emerging Technology Fund;
3. (iii)               $25,000,000 shall be transferred to the Affordable Housing Trust Fund;
4. (iv)              $12,500,000 shall be transferred to the Smart Growth Housing Trust Fund;
5. (v)                $10,000,000 shall be transferred to the Chapter 70 Equalization Fund; and
6. (vi)              all other remaining amounts shall be transferred to the Commonwealth Stabilization Fund”;

and further, by inserting, after Section 83, the following new Section:-

“Section 84. There shall be established and set up on the books of the Commonwealth the Chapter 70 Equalization Fund, to which shall be credited any amounts arising from subsection (c)(v) of Section 11 of this Act, together with any additional amounts which may be from time to time appropriated to the fund by any general or special act.

            The purpose of said fund shall be to supplement the amounts provided to municipalities and school districts pursuant to Chapter 70 of the General Laws so as to ensure that the total amounts received shall be equal to the amount received in Fiscal Year 2002 or Fiscal Year 2003, whichever is greater.

            The amount contained in said fund shall be available for appropriation for said purpose, provided that, in the event the total amount contained in the fund shall be insufficient to meet that purpose, then any available funds in the fund shall be appropriated for each eligible municipality or school district on a pro-rated basis according to the remaining deficiency between what it would otherwise receive in Chapter 70 funding, so-called, and what it received in Fiscal Year 2002 or Fiscal Year 2003, whichever amount is greater.

            The fund established herein shall be terminated, and any remaining amounts contained in it returned to the Commonwealth Stabilization Fund, not later than five years following the passage of this Act unless otherwise modified, terminated or extended.

OTHER  38

CHAPTER 70 INEQUITY STUDY

Mr. Tarr moved that the bill be amended by inserting, after Section 83, the following new Section:-

SECTION 84. Notwithstanding any general or special law to the contrary, the Department of Education is hereby authorized and directed to study the inequities resulting from the past and current applications of the educational funding methodology contained in Chapter 70 of the general laws as established in the Education Reform Act of 1993 and subsequently modified from time to time.

            Said study shall include but not be limited to a) inequities between communities arising from the utilization of local educational authority spending prior to 1993 as a factor in determining a community’s ability to pay for education in subsequent years, b) inequities caused by an over-reliance on the property value in a community in calculating a community’s ability to pay for education, and c) inequities produced by other elements involved in measuring the ability to pay for education or the accurate cost of education in a particular community.

            The results of said study, together with any necessary legislative recommendations to eliminate inequities in state educational funding for local school districts, shall be filed with the clerks of the House and Senate not later than February 15, 2008.

OTHER  39

HAMPDEN CLERK OF COURTS

Mr. Buoniconti moved that the bill be amended at the end thereof by inserting the following section:-

“SECTION _________ In MGL Chapter 221, Section 5, after the word Hampden, striking the number 10 and inserting in place thereof the number 12”

OTHER  40

COMMONWEALTH FUNDING ACCOUNTABILITY AND TRANSPARENCY

Mr. Tarr moved that the bill be amended by inserting, after Section 83, the following new Section:-

SECTION 84.

1. (a)    Definitions – For the purposes of this section, the terms below shall be defined as follows:
1. 1.      Entity – whether for-profit or not for profit,
2. a.       a corporation
3. b.      an association
4. c.       a partnership
5. d.      a limited liability corporation
6. e.       a limited liability partnership
7. f.        a sole proprietorship
8. g.       any other legal business entity
9. h.       a political subdivision of the Commonwealth

provided that an employee of the Commonwealth or an individual recipient of assistance shall not be considered an entity.

1. 2.      State expenditure – an expenditure of state funds including grants, subgrants, loans, awards, cooperative agreements, financial assistance, contracts, subcontracts, purchase order, task orders and delivery orders, and excluding transactions below $25,000.
2. 3.      Searchable website – a website which allows the public to:
1. a.       Search and aggregate state expenditures by any item identified in the definition of website contained herein
2. b.      Ascertain through a single search the total amount of state funding awarded to an entity by fiscal year, and
3. c.       Download information, including the results of searches.
1. 4.      Website – a searchable website which includes for each state expenditure:
1. a.       The name of the receiving entity
2. b.      The amount of the expenditure
3. c.       Information describing the expenditure such as transaction type, funding agency or program, and title descriptive of the purpose of the expenditure
4. d.      The location of the entity receiving the expenditure and the primary location of performance pursuant to the expenditure, including the city, state, country and legislative district
5. e.       A unique identifier of the entity receiving the award and of any parent entity of the recipient
6. f.        Any other relevant information specified by the Operational Services Division.
7. (b)   The Secretary of Administration and Finance, the Comptroller, the Treasurer and the Operational Services Division are hereby authorized and directed to develop a single searchable website, accessible by the public without cost, to enable the public to research and examine state expenditures as defined herein. Said website shall be designed so as to maximize utility, minimize cost and promote accessibility of information.

In developing said website, the Secretary shall seek to obtain the use of coding and other information management infrastructure developed by the federal government pursuant to the “Federal Funding Accountability and Transparency Act of 2006”.

                        Said website shall seek to provide information for Fiscal Year 2008 and subsequent years.

                        A plan for the development and implementation of said website, together with any estimates for funding required and other legislative recommendations, shall be filed with the clerks of the House and Senate not later than November 31, 2007.

OTHER  41

WITHDRAWN

OTHER  42

WITHDRAWN

OTHER  43

EMERGENCY GENERATORS

Mr. Tarr moved that the bill be amended by inserting, after Section 83, the following new Section:-

“SECTION 84. The Secretary of Administration and finance is hereby authorized and directed to seek any and all available federal financial assistance for the purchase, deployment, and installation of emergency generators by municipalities and other political subdivisions of the commonwealth.”

OTHER  44

OVERCOMPENSATION IN THE HIGHER EDUCATION PENSION SYSTEM

Mr. Brown moved that the bill be amended by inserting, after Section____, the following new Section:-

            “SECTION ____. Notwithstanding any general or special law to the contrary, a commission shall be established to study current compensation practices from the state pension system for retirees from the state’s higher education system.  The goal of the commission shall be to review inordinate and excessive compensation packages including but not limited to housing allowances and annuities and make a full report to the legislature with recommendations for legislation to prevent overcompensation.  The commission will consist of the Treasurer and Receiver General of the Commonwealth, or his designee, the Commissioner of Higher Education, or his designee, the Executive Director of the Pension Reserves Investment Management Board, or his designee, three members of the House of Representatives that are chosen by the Speaker, one of which a member of the minority party, three members of the Senate, chosen by the Senate President, one of which is a member of the minority party, the Secretary of Administration and Finance, or his designee and one members chosen by the Governor.  Said commission shall submit said report back the Legislature with findings and recommendations for legislation on or before December 31, 2008.”

OTHER  45

WITHDRAWN

OTHER  46
REDRAFT

FLOOD RELIEF

Mr. Tarr, along with Mr. Downing, moved that the bill be amended by striking out Section 38 and inserting in its place the following:-

SECTION 38. Item 1599-2005 of section 2A of chapter 81 of the acts of 2005, as amended by section 10 of chapter 192 of the acts of 2006, is hereby further amended by adding the following words:- ; provided further, that in addition to said purposes, funds may be used to meet the costs associated with the flood emergencies beginning on May 14, 2006 in the counties of Essex, Middlesex, Norfolk, Suffolk and Worcester, and in October 2005 in the counties of Berkshire, Franklin, Hampden, Hampshire, and Worcester; provided further, that not less than $6,800,000 shall be expended to certain municipalities and eligible private non-profit organizations in areas declared federal disaster areas in the counties of Essex, Middlesex, Norfolk, Suffolk and Worcester for the purpose of providing emergency disaster relief related to damages associated with the flooding of May, 2006; provided further, that not less than $1,000,000 shall be expended to certain municipalities and eligible private non-profit organizations in areas declared federal disaster areas in the counties of Berkshire, Hampden, Hampshire, Franklin, and Worcester for the purpose of providing emergency disaster relief related to damages associated with the flooding of October, 2005; provided further, that the relief shall be in the amount of 25 per cent of the total damage as certified by the Massachusetts emergency management agency; provided further, that not less than $1,680,000 shall be expended to Danvers for the purpose of providing relief related to damages associated with the chemical plant explosion on November, 22, 2006; and provided further, that the funds appropriated herein shall be made available until June 30, 2008.

OTHER  47

ELECTION OFFICER RETIREES

Mr. Morrissey moved that the bill be amended by adding at the end thereof the following new section:-

SECTION __.  Section 91 of Chapter 32 of the General Laws, as so appearing, is hereby amended by striking in lines 14 and 15 the words “at a polling place at a primary or election” and inserting in place thereof the words:-  “relating to a state or municipal election”.

OTHER  48

WITHDRAWN

OTHER  49

WITHDRAWN

EDU  50

INCREASING POTHOLE

Mr. Tarr, along with Mr. Tisei, Mr. Knapik, Mr. Hedlund, Mr. Brown, Mr. McGee, Mr. Downing, Mr. O’Leary, and Mr. Timilty, moved that the bill be amended, in Section 2, in item 7061-0011, by striking out the figure “$3,500,000” and inserting in place thereof the following figure:- “$10,000,000”.

EDU  51

INCREASING POTHOLE (2)

Mr. Tarr, along with Mr. Tisei, Mr. Knapik, Mr. Hedlund, Mr. Brown, Mr. Mcgee, Mr. Downing, Mr. O’Leary, and Mr. Timilty, moved that the bill be amended, in Section 2, in item 7061-0011, by striking out the figure “$3,500,000” and inserting in place thereof the following figure:- “$7,500,000”.

OTHER  52

INCREASED SPECIAL EDUCATION REIMBURSEMENT

Mr. Tarr moved that the bill be amended by inserting, after Section 83, the following new Section: -

“Section 84.

(a) Methodology - Notwithstanding any general or special law to the contrary, the Secretary of Health and Human Services is hereby authorized and directed to, in consultation with the University of Massachusetts, change the methodology by which the Commonwealth seeks reimbursement from the federal Medicaid program for students educated pursuant to Chapter 71B of the General Laws from the current “per diem” format, so-called, to a “fee-for-service” format, so-called.

(b) Certification of Increased Reimbursement – Not later than thirty days following the initial receipt of funds pursuant to the “fee-for-service” methodology and in periods of not more than ninety days thereafter, the Secretary shall certify the amount by which reimbursement received using this methodology exceeds the amount which would have otherwise been received, taking into account inflation and any other relevant factors. Such excess amount shall be deposited into the Special Education Assistance Fund established herein.

(c) There shall be established and set up on the books of the Commonwealth the Special Education Assistance Fund, into which shall be deposited sums resulting from federal Medicaid reimbursement pursuant to subsection (b) of this section.

            Not less than sixty percent of the total amount in said fund shall be appropriated annually for the purposes of assisting municipalities and regional school districts with the cost of transportation of students provided pursuant to Chapter 71B of the General Laws. Said appropriation shall be made in a form designed to ensure equity among students and local educational authorities by utilizing a methodology based on a uniform percentage of eligible transportation costs to be compensated.

            The remainder of said fund shall be available for appropriation in the form of grants of assistance to private institutions providing educational services pursuant to Chapter 766 of the Acts of 1972 and its implementing regulations.

(d) The Secretary of Health and Human Services, the Secretary of Administration and finance and the Commissioner of the Department of Education, in consultation with the University of Massachusetts, shall develop a system of acquiring from municipalities and regional school districts the information necessary to utilize a fee-for-service method of reimbursement from the federal Medicaid system following the passage of this act and prior to a request for a change in reimbursement methodology to the federal government.

            Said system shall be designed to maximize efficiency and minimize the cost and burden of compliance for municipalities and regional school districts.

OTHER  53

RATE RELIEF

Mr. Tarr moved that the bill be amended by inserting, after Section 83, the following new Section: -

“Section 84. Section 2Z of Chapter 29 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding after the word project in line 21 the following:-

‘And any project in which construction has been initiated and for which completion has been scheduled in Fiscal Year 2005 or thereafter in which the total cost is greater than $8,000 per capita on a per resident basis as determined by the most recent United States census or any sewer system that experiences extraordinary rate increases due to a mandate pursuant to environmental laws and regulations.’”

OTHER  54

REPAYMENT OF SUSPENDED STABILIZATION FUND CONTRIBUTION

Mr. Tarr moved that the bill be amended by inserting, after Section 83, the following new Section:-

“SECTION 84. Section 2H of Chapter 29 of the General Laws is hereby amended by inserting at the end thereof the following new paragraph: ‘In the event that the Legislature suspends or cancels an otherwise required annual payment to the Stabilization Fund, the payment must be transferred to said Fund within five years of said suspension or cancellation. Said transfer shall be in addition to any future required annual payment”.

OTHER  55

SEAPORT BOND BILL CORRECTION

Mr. Tarr moved that the bill be amended by inserting, after Section 83, the following new Section: -

SECTION 84.

(a)  Section 2A of Chapter 28 of the Acts of 1996 is hereby repealed.

(b) Section 2 of Chapter 28 of the Acts of 1996, is hereby amended by striking out, in item 2000-6966, the figure “$65,000,000” and inserting in place thereof the following figure:- “$150,000,000”.

(c) Section 3 of Chapter 28 of the Acts of 1996 is hereby amended by striking out, in line 4 of the first paragraph, the words “one hundred eighty-three million eight hundred and fifty thousand dollars” and replacing in place thereof the following:- “two hundred and sixty-eight million eight hundred and fifty thousand dollars”.

(d) Sections 5 and 6 of Chapter 28 of the Acts of 1996 are hereby repealed.

OTHER  56

CIVIL LIABILITY PROTECTION FOR EMPLOYEE RECORDS

Mr. Brown moved that the bill be amended by inserting, after Section____, the following new Section:-

            “SECTION_____. Chapter 149 of the General Laws as appearing in the 2002 Official Edition, is amended by inserting at the end of Section 52C. the following new section: -

SECTION 52D. (A) Unless otherwise provided by law, an employer, or an employer’s designee, who discloses information about a current or former employee to a prospective employer of the employee shall be absolutely immune from civil liability if the disclosed information includes any or all of the following: (1) date of employment; (2) pay level; (3) job description and duties; and (4) wage history.  An employer who responds in writing to a written request concerning a former employee from a prospective employer of that employee shall be absolutely immune from civil liability if the disclosed information includes either or both of the following: (1) written employee evaluations which were conducted prior to the employee’s separation from the employer; and (2) whether the employee was voluntarily or involuntarily released from service and the reasons for the separation.

(B) This section shall apply to causes of action accruing on and after the effective date of this act.”

OTHER  57

STABILIZATION FUND REPAYMENT

Mr. Tarr moved that the bill be amended by inserting, after Section 83, the following new Section:-

“Section 84. Section 2H of Chapter 29 of the General Laws is hereby amended by adding the following paragraph at the end thereof:-

‘Any withdrawal from the Stabilization Fund must be repaid to said Fund within five fiscal years of the withdrawal; provided further, that a repayment schedule shall be in place within three months of any such withdrawal.’”

OTHER  58

WITHDRAWN

OTHER  59

STEM FUND

Mr. Tarr, along with Mr. Hart, Mr. O’Leary, Ms. Spilka, and Mr. Moore, moved that the bill be amended by inserting, after Section 83, the following new Section: -

            “Section 84. Notwithstanding any other general or special law to the contrary, 10 days after the effective date of this act, the comptroller shall transfer $4,000,000 from the General Fund to the Massachusetts Science, Technology, Engineering and Mathematics Grant Fund established pursuant to Section 2MMM of Chapter 29 of the General Laws.”

OTHER  60

STEM FUND SURPLUS

Mr. Tarr moved that the bill be amended in subsection (c)(ii) of Section 11 by adding the following words: “provided further, that not less than $4,000,000 be transferred to the Massachusetts Science, Technology, Engineering and Mathematics Grant Fund established pursuant to Section 2MMM of Chapter 29 of the General Laws”.

OTHER  61

UMASS/MEMORIAL HEALTH CENTER MEDICAID SUPPLEMENTAL PAYMENTS

Messrs. Augustus, Moore, Brewer, Antonioni and Mses. Resor and Chandler moved that the bill be amended , in Section 65, by striking out the wording and inserting in place thereof the following wording:-

“Notwithstanding any general or special law to the contrary, the comptroller shall, in consultation with the office of the state treasurer, the executive office of administration and finance, and the executive office of health and human services, develop a schedule and make a series of transfers not to exceed $346,000,000 from the General Fund to the MassHealth provider payment account in the Medical Assistance Trust Fund established pursuant to section 2QQQ of chapter 29 of the General Laws; provided that, the Comptroller has determined that General Fund revenues are sufficient to accommodate said schedule of transfers.  Any increase in payment made from said trust totaling an amount greater than $251,000,000 in fiscal year 2008 shall be made only after the secretary of the executive office of health and human services certifies that any said increase in payments from said trust shall not exceed the negotiated limit for section 1115 waiver spending. The secretary of health and human services shall notify, in writing, the house and senate committees on ways and means and the joint committee on healthcare financing of said certification within 15 days of such certification.”

OTHER  62

TAX AMNESTY PROGRAM

Messrs. Tisei, Tarr, Knapik, Hedlund, and Brown moved that the bill be amended by inserting, after Section_____, the following new Section:-

“SECTION ____.  Notwithstanding any general or special law to the contrary, the commissioner of revenue shall establish a tax amnesty program during which all penalties that could be assessed by the commissioner for the failure of the taxpayer: (i) to timely file any proper return for any tax types and for any tax periods; (ii) to file proper returns which report the full amount of the taxpayer's liability for any tax types and for any tax periods; (iii) to timely pay any tax liability; or (iv) to pay the proper amount of any required estimated payment toward a tax liability shall be waived without the need for any showing by the taxpayer of reasonable cause or the absence of willful neglect, if the taxpayer, prior to the expiration of the amnesty period, voluntarily files proper returns for all tax types for all periods for which the taxpayer has or had a filing obligation and pays, or at the commissioner's discretion provides security for, the full amount of tax shown on the taxpayer's returns or upon the commissioner's assessments, together with all interest due thereon. The amnesty program shall be established for a period of 2 consecutive months, commencing on October 1, 2007, and expiring on December 3, 2007.

The commissioner's authority to waive penalties during the amnesty period shall not apply to any taxpayer who, before the start date of the amnesty program selected by the commissioner, is or has been the subject of a tax related criminal investigation or prosecution. The amnesty program shall not apply to a tax liability of any tax type for a period commencing on or after January 1, 2006 and shall not authorize the waiver of any interest or amount treated as interest. The commissioner may offer amnesty to those taxpayers who have either any unpaid self-assessed liability or who have been assessed a tax liability, whether before or after their filing of a return, which assessed liability remains unpaid.

To the extent that a taxpayer wishing to participate in the amnesty program has postponed the payment of an assessment of tax, interest and penalty under the authority of subsection (e) of section 32 of chapter 62C of the General Laws, the taxpayer shall waive in writing all rights under said subsection (e) to further delay the payment of the tax and interest portions of the assessment. The tax and interest portions of the assessment shall be payable in full from the date of the commissioner's notice of assessment. Upon payment by the taxpayer of the tax and interest of the outstanding assessment, the commissioner shall waive all penalties associated with that assessment. Thereafter, the taxpayer and the commissioner shall proceed with all administrative appeal rights that the taxpayer wishes to pursue with respect to the assessment.

This amnesty program shall not apply to those penalties which the commissioner would not have the sole authority to waive including, but not limited to, fuel taxes administered under the International Fuel Tax Agreement or under the local option portions of taxes or excises collected for the benefit of cities, towns or state governmental authorities.

The commissioner shall maintain records of the amnesty provided under this section, including but not limited to: (i) the number of taxpayers provided amnesty; (ii) the types of tax liability for which such amnesty is provided, and for each such type of liability, (a) the amount of tax liability collected by the commissioner, and (b) the amount of penalties foregone by virtue of such amnesty; and, (iii) the total outstanding tax liability due to the commonwealth, for the period through December 31, 2005, after the collections of all funds under this section.  The commissioner shall file a report detailing such information with the clerks of the House of Representatives and the Senate, the chairs of the joint committee on revenue, the chairs of the House and Senate committees on ways and means, the minority leader of the House and the minority leader of the Senate, not later than March 1, 2008; provided, that such report shall not contain information sufficient to identify any individual taxpayer or the amnesty any individual taxpayer is provided under this section.”

OTHER  63

WITHDRAWN

OTHER  64

WITHDRAWN

OTHER  65

WITHDRAWN

OTHER  66
REDRAFT

MEMBERSHIP COMPOSITION

Mr. Augustus moved that the bill be amended by striking section 76 and inserting in place thereof the following:-
SECTION 76.  There shall be a special commission to review the current state of the homeowners’ insurance market in the commonwealth.  The commission shall study the availability and affordability of property insurance, the relevant rate-driving factors, the cost of reinsurance and the current use of storm damage prediction data and shall consider any actuarial methods, principles, standards, models or output ranges that have the potential for improving the accuracy of or reliability of hurricane loss projections.  The commission shall evaluate the potential benefits and disadvantages of the creation of a state-run board on hurricane loss projection methodology to provide actuarial guidelines and standards for projection of hurricane losses as well as for a state-run catastrophic event fund. 
The commission shall consist of: the house and senate chairs of the joint committee on financial services or their designees, who shall co-chair the commission; the house minority leader, or a designee; the senate minority leader, or a designee; 1 member of the house of representatives and 1 member of the senate, both of whom represent Cape Cod or another coastal area of the commonwealth; the treasurer, or a designee; the commissioner of insurance, or a designee, the attorney general or a designee; a representative from the Massachusetts Property Insurance Underwriting Association; 1 representative from a property casualty insurer, chosen by the Massachusetts Insurance Federation, a representative chosen by the Massachusetts Association of Insurance Agents; a representative chosen by the Reinsurance Association of America; a representative from the Center for Insurance Research; and a representative from the Massachusetts Public Interest Research Group.  The commission shall conduct no fewer than 4 meetings, the first of which shall convene not later than July 21, 2007, and it shall hold at least 1 public hearing on Cape Cod or other coastal area in the commonwealth.
Notwithstanding any general or special law to the contrary, the commissioner shall not approve any rate filing required under section 5 of chapter 175C of the General Laws until after the commission has filed its report or October 1, 2007, which ever is earlier.
The commission shall file a report of its findings, including any legislative or regulatory recommendations, with the clerks of the house of representatives and the senate by October 1, 2007.  The joint committee on financial services shall hold a public hearing on these recommendations not later than November 1, 2007.

OTHER  67

MEDICARE PART D SAFETY NET

Mr. Montigny moved that the bill be amended by inserting after Section ____, the following new Section:-

“SECTION ___.  Chapter 175 of the acts of 2005, as amended by Section 86 of Chapter 139 of the Acts of 2006, is hereby amended by striking sections 7A and 7B and inserting in place thereof the following 4 sections:-

Section 7A.  Notwithstanding any general or special law to the contrary, the subsidized catastrophic prescription drug insurance program established in section 39 of chapter 19A of the General Laws shall provide coverage for a 1-time supply of prescribed medications in the amount prescribed, up to a 30 day supply, between July 1, 2007 and June 30, 2008, to enrollees who are also eligible for Medicare prescription drug coverage.  After an enrollee exhausts the availability of the 1-time 30-day supply of a medication under this section the program shall provide coverage, free of charge, for a 1-time, 72-hour supply of the medication.  Both the 30-day supply and the 72-hour supply shall be available in all instances in which the pharmacist cannot bill a Medicare prescription drug plan at the time the prescription is presented.  Any co-pay or deductible that would have been charged to the enrollee under section 39 of chapter 19A shall apply to the 1-time 30 day supply.

Section 7B.  Notwithstanding any general or special law to the contrary, the secretary of health and human services, in consultation with the director of Medicaid, shall authorize MassHealth payment for a 1-time supply of prescribed medications in the amount prescribed, up to a 30 day supply, between July 1, 2007and June 30, 2008, to beneficiaries under chapter 118E of the General Laws who are also eligible for Medicare prescription drug coverage.  After a beneficiary exhausts the availability of the 1-time 30-day supply of a medication under this section MassHealth shall provide coverage, free of charge, for a 1-time, 72-hour supply of the medication.  Both the 30-day supply and the 72-hour supply shall be available in all instances in which the pharmacist cannot bill a Medicare prescription drug plan at the time the prescription is presented.  Any co-pay or deductible that would have been charged to the beneficiary under MassHealth shall apply to the 1-time 30 day supply.

Section 7C. Notwithstanding section 7D or any general or special law to the contrary, between January 1, 2007 and June 30, 2008, in the event that the Medicare prescription drug plan covers the prescribed medication at the time the prescription is presented, but charges a co-pay or deductible that exceeds the amount federal Medicare law permits the plan to charge a non-institutionalized full benefit dual eligible member with income less than or equal to 100% of the federal poverty line, MassHealth shall pay the amount of such excess and the beneficiary shall pay the balance.

Section 7D. Notwithstanding any general or special law to the contrary, in the event that the Medicare prescription drug plan covers the prescribed medication at the time the prescription is presented, but charges a co-pay or deductible to a MassHealth member whose MassHealth co-payment would be zero, MassHealth shall pay the entire amount.  In the event that the Medicare prescription drug plan covers the prescribed medication at the time the prescription is presented, but charges a co-pay or deductible in excess of what would have been charged to the beneficiary under MassHealth, MassHealth shall pay the excess amount and the beneficiary shall pay what would be payable under MassHealth.

OTHER  68

PRESCRIPTION ADVANTAGE AFFORDABILITY

Mr. Montigny and Ms. Tucker moved that the bill be amended in Section 50 by striking the following: “, cost-sharing required of enrollees in the form of co-payments, premiums and deductibles, or any combination thereof, may be adjusted by the department of elder affairs to reflect price trends for outpatient prescription drugs, as determined by the secretary of elder affairs”

OTHER  69

IMMIGRATION ENFORCEMENT

Mr. Tarr moved that the bill be amended by inserting, after Section 83, the following new Section:-

“SECTION 84. (a) Chapter 149 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended in Section 2 by adding the following at the end thereof:

            ‘Compliance with this section shall include but not be limited to entering into, maintaining and enforcing any and all memoranda of understanding with the Attorney General of the United States pertaining to the enforcement of federal laws regarding immigration and citizenship.’

(b) Section 2 of chapter 149 of the general laws, as appearing in the 2004 Official Edition, is hereby amended by inserting at the end thereof the following:-

‘The attorney general shall make available to the residents of the commonwealth a 24-hour toll-free hotline which may be used for reporting any suspected violations of the provisions of this chapter, including sections 19c and 26, relative to immigration status and wage laws, or of 8 U.S.C. 1324a, relative to the unlawful employment of unauthorized aliens.  Calls to the hotline shall be treated confidentially, and callers shall have the option of reporting any violations anonymously.  All complaints, whether received through the hotline, in writing, electronically, or in any other form, shall be recorded and documented by the attorney general and shall immediately refer any violations of federal law, including but not limited to 8 U.S.C. 1324a, to the attorney general of the United States and shall investigate all alleged violations of state law as authorized by the general laws.  The attorney general shall annually prepare a year-end report detailing all reported violations of sections 19C and 26 of this chapter and of 8 U.S.C. 1324a, the nature of said violations, the date on which each complaint was received and documented, any enforcement action taken against an employer who knowingly employs illegal aliens in the commonwealth, and any violations of federal law forwarded to the attorney general of the United States.  Said report shall be submitted to the house and senate committees on ways and means and to the joint committee on labor and workforce development on or before February 1 of each year.’

OTHER  70

HEAD INJURY TRUST OUI ASSESSMENT

Messrs. Montigny, Tucker and Resor moved that the bill be amended by inserting, after Section ____ , the following new Section:-

“SECTION ____. Section 24 of chapter 90 is hereby amended in subsection (1)(a)(1) by striking out the first sentence of paragraph 2 and inserting in place thereof the following sentence:-

“There shall be an assessment of $250 against a person who, by a court of the commonwealth, is convicted of, is placed on probation for, or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances pursuant to the provisions of this section; provided, however, that moneys collected pursuant to said assessment shall be deposited by the court with the treasurer into the Head Injury Treatment Services Trust Fund established by section 59 of chapter 10.”.

OTHER  71

HEAD INJURY TRUST NEGLIGENT DRIVING ASSESSMENT

Messrs. Montigny and Tucker moved that the bill be amended by inserting, after Section ____ , the following new Section:-

“SECTION ____. Section 24 of chapter 90 is hereby amended by striking out the first sentence of paragraph (2) subsection (a) of subdivision(2) and inserting in place thereof the following:-

“There shall be an assessment of $250 against a person who, by a court of the commonwealth, is convicted of, is placed on probation for or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle negligently so that the lives or safety of the public might be endangered pursuant to the provisions of this section; provided, however, that moneys collected pursuant to said assessment shall be deposited by the court with the treasurer into the Head Injury Treatment Services Trust Fund established by section 59 of chapter 10”.  

OTHER  72

HEAD INJURY TRUST SPEEDING ASSESSMENT

Messrs. Montigny and Tucker moved that the bill be amended by inserting, after Section ____, the following new Section:-

“SECTION ____.  Section 20 of chapter 90 is hereby amended by striking out the fifth paragraph and inserting in place thereof the following:-

“There shall be a surcharge of $50 on a fine assessed against a person convicted or found responsible of a violation of section 17 or a violation of a special regulation lawfully made under the authority of section 18. The surcharge shall be transferred by the registrar of motor vehicles to the state treasurer for deposit into the Head Injury Treatment Services Trust Fund established by section 59 of chapter 10”. 

OTHER  73

WITHDRAWN

OTHER  74
REDRAFT

COMBAT ZONE EXEMPTION

Messrs. Tisei, Tarr, Knapik, Hedlund and Brown moved that the bill be amended by inserting, after Section 85, the following new Section:-

“SECTION 86. The definition of “Real estate tax payment” of subsection (k) of section 6 of said chapter 62, as appearing in the 2004 Official Edition, is hereby amended by adding the following:—

The real estate tax payment to be considered for purposes of calculating this credit shall also include 50 percent of the owner’s home heating oil, natural gas, or propane, actually paid in the taxable year for which the credit is sought. Notwithstanding any special or general law to the contrary, the provisions of this section shall not take effect until such time as the department of revenue has furnished a study of their impact on the state’s economy and the revenue cost to the commonwealth and its cities and towns, including, but not limited to, a distributional analysis showing the impact on taxpayers of varying income levels, the current practice of other states, any anticipated change in employment, and ancillary economic activity, to the joint committee on revenue.

The definition of “Rent constituting real estate tax payment” of said subsection (k) of said section 6 of said chapter 62, as so appearing, is hereby amended by adding the following:—

The rent constituting real estate tax payment to be considered for purposes of calculating this credit shall also include 50 percent of the owner’s home heating oil, natural gas, or propane, actually paid in the taxable year for which the credit is sought. Notwithstanding any general or special law to the contrary, the provisions of this section shall not take effect until such time as the department of revenue has furnished a study of their impact on the state’s economy and the revenue cost to the commonwealth and its cities and towns, including, but not limited to, a distributional analysis showing the impact on taxpayers of varying income levels, the current practice of other states, any anticipated change in employment, and ancillary economic activity, to the joint committee on revenue.”

OTHER  75
REDRAFT

IMPROVING STATE PARKS

Messrs. Tisei, Tarr, Knapik, Hedlund, and Brown moved that the bill be amended by inserting, after Section _____, the following new Section:-

“SECTION_____. Section 1. Chapter 10 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after section 35CC the following section:-

Section 35DD. State Parks Preservation Trust Fund

There shall be established and set up on the books of the commonwealth a separate fund to be known as the State Parks Preservation Trust Fund, to be expended without prior appropriation, by the secretary of secretary of energy and environmental affairs for purposes of maintaining and preserving all state-owned parks for the enjoyment of the public. Said fund shall consist of all revenues received by the commonwealth: (1) under the provisions of law authorizing the voluntary check-off donation indicated on the department of revenue’s annual individual income tax return, pursuant to section 6L of chapter 62; (2) from public and private sources as gifts, grants, and donations to further parks protection programs; or (3) from the federal government as reimbursements, grants-in-aid or other receipts on account of such preservation efforts.

All revenues credited under this section shall remain in said State Parks Preservation Trust Fund, not subject to appropriation, to assist the commonwealth in paying all or part of the costs to manage, preserve, protect, perpetuate, and enhance state-owned parks in the commonwealth. The state treasurer shall not deposit said revenues in or transfer said revenues to the General Fund or any other fund other than the State Parks Preservation Trust Fund.  No expenditure from the fund shall cause the fund to be in deficiency at the close of a fiscal year.  Monies deposited in the trust fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year

The state treasurer shall deposit monies in said fund in accordance with the provisions of sections 34 and 34A of chapter 29 in such manner that will ensure the highest rate of interest available consistent with the safety of the fund, and in an account from which amounts may be withdrawn at any time without penalty for such withdrawal. The fund shall be expended only for the purposes stated above at the direction of the secretary of energy and environmental affairs.

SECTION 2.  Chapter 62 of the General Laws, as so appearing, is hereby amended by inserting after section 6K the following new section:-

Section 6L. State Parks Preservation Trust Fund; contributions

Every individual who files a separate return may voluntarily contribute one dollar to be paid over to the State Parks Preservation Trust Fund, established by section 35DD of chapter 10. In the case of a joint return of husband and wife, each spouse may voluntarily contribute one dollar to said fund. A credit in the full amount of any contribution under this section shall be allowed against the tax imposed by this chapter; provided, that for any such return no such credit shall exceed the income tax liability for any taxable year.

At the beginning of each fiscal year, subject to appropriation, one dollar shall be credited from the General Fund to the State Parks Preservation Trust Fund for each dollar contributed by the public in the prior fiscal year under the provisions of this section. The commissioner of revenue shall certify to the state comptroller total revenues contributed to the State Parks Preservation Trust Fund by individuals in the prior fiscal year.

A contribution made under this section may be made with respect to any taxable year at the time of filing the return of the tax imposed by this chapter for such taxable year; provided, however, that the commissioner shall prescribe the manner in which such contribution shall be made on the face of the return required by section 5 of chapter 62C.
For purposes of this section the words “income tax liability for any taxable year” shall mean the amount of tax imposed by this chapter reduced by the sum of the credits allowed by clause (a) of section 6.

The commissioner shall annually report the total amount designated under this section to the state treasurer who shall credit such amount, plus any accrued interest, to the State Parks Preservation Trust Fund.”

OTHER  76

WITHDRAWN

OTHER  77

WITHDRAWN

OTHER  78

RELATIVE TO REDUCING TELECOMMUNICATIONS COSTS AT STATE AGENCIES

Messrs. Tisei, Tarr, Knapik, Hedlund and Brown moved that the bill be amended by inserting, after Section 85, the following new Section:-

“SECTION 86.  Section 24 of chapter 30 of the general laws, as appearing in the 2004 official edition, is hereby amended by inserting at the end thereof the following paragraph:- 

Any electronic answering service in use by a department, board, commission, authority or agency of the Commonwealth during the office hours outlined herein for the purpose of receiving telephone calls shall present all callers with the option of speaking with a live operator.  Employees designated as “non-emergency” personnel by their respective agencies shall not be permitted to utilize electronic answering services, also known as voicemail, for the purpose of recording telephone call messages.  Those agencies that have not designated emergency personnel shall permit the utilization of electronic answering services only by those individuals in senior management positions.”

OTHER  79

WITHDRAWN

OTHER  80

DANGEROUSNESS STATUE

Mr. Montigny moved that the bill be amended by inserting, after Section ____, the following new section:-

“SECTION ____.  Subsection (1) of Section 58A of chapter 276 of the general laws is hereby amended by inserting after the words “ninety-four C,”, in line 17, the following:-

“or any violation of paragraphs (a), (c) or (h) of section 10 of Chapter 269, or”.

Subsection (3) of said section 58A of said chapter 276, as so appearing, is hereby further amended by inserting after the first sentence the following sentence:-

“Subject to rebuttal by the person, in a case involving any felony offense that has as an element the use, attempted use, or threatened use of physical force against the person of another and involves the use of a firearm, it shall be presumed that no condition or combination of conditions will reasonably assure the safety of any other person or the community if the judicial officer finds that there is probable cause to believe the at the person committed the offense.”

Subsection (3) of said section 58A of said chapter 276 is hereby further amended in the second sentence after the word “exceeding” by striking out the word “ninety” and inserting in place thereof the words “one hundred twenty”.

OTHER  81
REDRAFT

HIGHER ED CODE OF CONDUCT

Mr. Montigny moved that the bill be amended by inserting after Section 31 the following Section:-

“SECTION 31A.  Chapter 167 of the General Laws is hereby amended by adding the following section:-

Section 41A.  No lending institution shall provide, directly or indirectly, anything of value to any institution of higher education in exchange for any advantage or consideration related to a lending institution’s higher education loan activity including, but not limited to, placement on any institution of higher education’s preferred lender list, revenue sharing with an institution of higher education, providing an institution of higher education with anything or any service at below-market prices, or providing services to an institution of higher education or to such institution’s students.  Any violation of this section shall constitute an unfair or deceptive practice under chapter 93A.”; and

            by inserting after Section 33 the following Section:-

“SECTION 33A.  Chapter 268A of the General Laws is hereby amended by inserting after section 23A the following section:-

Section 23B.  No institution of higher education including, but not limited to, any public or private university, college or community college, shall solicit, accept or receive anything of value from a lending institution in exchange for any advantage or consideration related to educational loan activities including, but not limited to, placement on such institution’s preferred lender list.  Revenue sharing between an institution of higher education and any lender is hereby prohibited.  Any violation of the provisions of this section shall be an unfair or deceptive practice under Chapter 93A.  Any institution of higher education that is engaged in any conduct prohibited by this section as of the effective date of this act shall cease such activity and report such activity to the attorney general, the inspector general and to the board of higher education.  The attorney general and the inspector general may review such conduct in order to determine whether further action is necessary to enforce the provisions of this section.” ; and

            in said bill, by inserting after Section 74 the following section:-

               “SECTION 74A.  The board of higher education shall review the relationships between institutions of higher education and lending institutions and develop a code of conduct for institutions of higher education, consistent with section 41 of chapter 167 of the General Laws and section 23B of chapter 268A of the General Laws, in order to prevent the appearance of impropriety or a conflict of interest.  Such code shall include, but not be limited to:                prohibiting institutions of higher learning from soliciting, accepting or receiving gifts from lenders, in exchange for any advantage or consideration provided such lenders related to their educational loan activities;

               prohibiting institutions of higher learning from engaging in the practice of revenue sharing;

               prohibiting institutions of higher learning employees from soliciting, accepting or receiving gifts from lenders;

               prohibiting institutions of higher learning employees from receiving remuneration for serving as members or participants of lenders` advisory boards, or receiving any reimbursement of expenses for so serving;

               requiring institutions of higher learning to disclose to borrowers and prospective borrowers all available financing options under federal law;

               prohibiting institutions of higher learning from entering into quid pro quo high risk loans that prejudice other borrowers or potential borrowers; and

               prohibiting institutions of higher learning from linking or otherwise directing potential borrowers to any electronic master promissory notes or other loans agreements that do not allow students to enter the lender code or name for any lender offering the relevant loan;                requiring institutions of higher learning that use “preferred lender” lists comply with certain standards, including:

                (1) the disclosure of the criteria used in compiling the preferred lender list;

                (2) advising students that they have the right and ability to select the lender of their choice regardless of the preferred lender list, and will suffer no penalty for choosing a lender that is not on the list;

                (3) basing preferred lender lists solely on the best interests of the students and parents who may use the list without regard to the financial interests of the college or university;

                (4) reviewing at least annually the constitution of the preferred lender list;

                (5) no lender shall be placed on a preferred lender list unless the lender provides assurance to those who take out loans that the advertised benefits upon repayment will continue to inure to the benefit of borrowers regardless of whether the loans are sold;

            The findings by the board shall be reported to the joint committee on higher education not later than January 1st, 2008 and to the attorney general and the inspector general if any conflict, or the appearance of any conflict, is discovered during the course of such review.”

OTHER  128

WELLNESS STRATEGY

Mr. Montigny moved that the bill be amended by adding the following section:

“SECTION __. The executive office of health and human services shall develop a comprehensive public and private strategy to promote wellness and chronic disease management and prevention. The strategy shall include public and private initiatives to promote a system-wide focus on chronic care prevention and management, including healthy behaviors and patient self-management, the involvement of community and consumer groups to support the prevention and management of chronic conditions, and integrated reporting and payment systems to support the strategy.

The final strategic plan shall include target timelines for inclusion of specific chronic conditions to be included in the chronic care infrastructure and statewide implementation of the strategy including participation by insurers, health care professionals, hospitals, community health centers and other providers, and consumers in the chronic care management plan, including common outcome measures, information technology reform, best practices and protocols, data reporting requirements, payment methodologies, and other standards.

In developing the strategy, the secretary shall convene a broadly representative advisory committee that includes providers, patients, payors, religious and civic organizations, organizations representing racial, ethnic and linguistic minorities and experts. The secretary shall consult with officials informed about the Vermont Blueprint for Health and other state officials and national authorities on chronic care. The secretary shall hold at least two public hearings regarding the strategy, one of which shall be outside the Boston region.

The secretary shall submit the strategy to the governor, president of the senate and the speaker of the house of representatives no later than June 30, 2008. The strategy and supporting materials and information shall be made available on the EOHHS internet site.”

OTHER  129

DISEASE MANAGEMENT

Mr. Montigny moved that the bill be amended by inserting after the word “database” the following words: “provided, that the department shall spend not less than $250,000 for pilot demonstration project grants to non-profit community organizations to implement a chronic disease self-management program that teaches coordinated strategies to provide patients and their families with education and support to empower patients to manage chronic conditions as active partners in their own care, provided further that such grants shall focus on providing assistance in diverse settings that focus on underserved populations and racial and ethnic minority populations and shall include an evaluation component; and”. 

and by striking out the figure “$13,919,012” and inserting in place thereof the following figure: “$14,169,012”.