UNCORRECTED PROOF OF SENATE JOURNAL FOR 05/21/08

The President, members, guests and employees then recited the pledge of allegiance to the flag.

            There being no objection, during the consideration of the Orders of the Day, several guests were recognized, as follows:-
            President handed the gavel to Mr. Galluccio for the purpose of an introduction. Mr. Galluccio then introduced Precious Perez, who was recognized for winning the Massachusetts Braille Challenge and competing in the National Braille Challenge. The Senate applauded her accomplishments and she withdrew from the Chamber.
            The President handed the gavel to Mr. Brewer for the purpose of an introduction. Mr. Brewer then introduced John and Maggie Bish, who were accompanied by their two children, Heather and John Jr. The Senate welcomed them with applause and they withdrew from the Chamber.

Relative to the homeowners' residential tax exemption in the city of Boston (House, No. 4104,-- on petition) {Local approval received};

Exempting the position of deputy fire chief in the town of Hingham from the civil service law (House, No. 4496,-- on petition) {Local approval received}; and

Relative to the retirement and health insurance of certain elected officials in the town of Tyringham (House, No. 4755,-- on House, No. 4287) {Local approval received on House, No. 4287}
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Petition (accompanied by bill, House, No. 4770) of Stephen P. LeDuc relative to the registration of veterinarians and technicians with the Board of Registration in Veterinary Medicine; and
Under suspension of Joint Rule 12, to the committee on Consumer Protection and Professional Licensure.

Petition (accompanied by bill, House, No. 4771) of Anthony J. Verga for legislation to establish a sick leave bank for David Catanzaro, an employee of the Trial Court of the Commonwealth.
Under suspension of Joint Rule 12, to the committee on The Judiciary.

A report of the House committee on Steering, Policy and Scheduling, asking to be discharged from further consideration of the House Bill relative to illegal parking in bus stops (House, No. 4314), and recommending that the same be referred to the committee on Municipalities and Regional Government,-- was considered forthwith, under Senate Rule 36, and accepted, in concurrence, insomuch as relates to the reference to the joint committee.

The following engrossed bills (all of which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, were severally passed to be enacted and were signed by the President and laid before the Governor for his approbation, to wit:

Further regulating municipal retiree health insurance in the town of Lanesborough (see House, No. 4060);
Establishing a waterways dredge and maintenance program receipts reserved capital improvements fund in the town of Dennis (see House, No. 4108); and
Establishing a sick leave bank for Deborah McNamara, an employee of the Department of Conservation and Recreation (see House, No. 4615).

            A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill authorizing the city of Methuen to lease a portion of a certain building to the Methuen Municipal employees federal credit union (see House, No. 4325) [for message, see House, No. 4552],— came from the House with an amendment in the form approved by the committee on Bills in the Third Reading as follows:-
            In section 1 by striking out, in line 1 the figure “5” and inserting in place thereof the figure: “16”.
            The message was read; and, under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate subject to amendment and re-enactment.
            The rules were suspended, on motion of Mr. Baddour, and the Governor’s amendment was considered forthwith and adopted, in concurrence (as corrected BTR).
            Sent to the House for re-enactment.

Mr. Tisei moved that Senate Rule 38A be suspended to allow the Senate to continue in session beyond the hour of eight o’clock P.M.; and the same Senator requested unanimous consent that the rules be suspended without a call of the yeas and nays. There being no objection, the motion was considered forthwith, and it was adopted.

There being no objection, at fourteen minutes past eleven o’clock A.M., at the request of Mr. Tisei, for the purpose of a minority caucus, the President declared a recess; and, at three minutes past twelve o’clock noon, the Senate reassembled, the President in the Chair.

The Orders of the Day were considered as follows:-
The House Bill making appropriations for the fiscal year 2009 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (House, No. 4701),-- was read a second time, the main question being on ordering the bill to a third reading.

After remarks, pending the main question on ordering the bill to a third reading and pending the question on adoption of the amendment as recommended by the committee on Ways and Means,- was considered.

There being no objection, at nineteen minutes past twelve o’clock noon, at the request of Mr. Tisei, for the purpose of a minority caucus, the President declared a recess; and, at twenty-four minutes before one o’clock P.M., the Senate reassembled, the President in the Chair.

The yeas and nays having been completed at sixteen minutes past two o’clock P.M., the further amendment was adopted.
The pending amendment (Tisei et al), as amended (Rosenberg et al) was then adopted.

There being no objection, during consideration of the Orders of the Day, a Bill making appropriations for the fiscal year 2008 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 4769,-- on House, No. 4684, in part),-- was read.
There being no objection, the rules were suspended, on motion of Mr. Panagiotakos, and the bill was read a second time, ordered to a third reading, read a third time and after remarks, was passed to be engrossed, in concurrence.

(b) No public funds shall be expended for the purpose of laser hair removal for any person in the custody of any jail or prison in the commonwealth.
(c) No public funds shall be expended for the purpose of hormone replacement therapy for any person in the custody of any jail or prison in the commonwealth except for a use, prescribed by a physician, other than preparation for sex reassignment surgery.
            If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.’”
            After remarks, the amendment was adopted.
            Mr. Tarr moved that the bill be amended by adding at the end the following section:-
            “SECTION 91. 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, 2009.
            The amendment was rejected.
            Mr. Tarr moved that the bill be amended by adding at the end the following section:-
            “SECTION 91. There is hereby established the Commonwealth Cost Containment Council, the purpose of which shall be to examine the operations of state government on a regular basis and to seek opportunities to reduce or contain the costs of programs and operations and to eliminate unnecessary costs or expenditures which are duplicative, redundant, or ineffective.
            The council shall consist of the Auditor of the Commonwealth, who shall serve as its chair, the Secretary of Administration and Finance, the Treasurer of the Commonwealth, the Inspector General, two members of the Senate Ways and Means Committee to be appointed by the President of the Senate and one member of the Senate Ways and Means Committee to be appointed by the Minority Leader of the Senate, three members of the House Ways and Means Committee, two of whom shall be appointed by the Speaker of the House and one of whom shall be appointed by the Minority Leader of the House, and one member appointed by the auditor who shall represent the interests of taxpayers in the Commonwealth.
            The council shall meet on a regular basis, not less than twice a year, and shall consult with academic institutions and organizations including but not limited to the Massachusetts Taxpayers Foundation, the Pioneer Institute and others as it may deem appropriate in carrying out its purposes.
            The Council shall solicit and receive public suggestions for reducing the cost of government for a period of not less than thirty days per year, and shall conduct not less than one public hearing per year for the purpose of receiving testimony relevant to cost containment and reduction.
            The Council shall issue a report on any opportunities for cost reductions or containment and any methodologies for achieving those reductions or containment on an annual basis on or before December 31 of each year, and shall file said report, together with any legislative recommendations, with the clerks of the House and Senate.
            After debate, the question on adoption of the amendment was determined by a call of the yeas and the nays at twenty-two minutes before three o'clock P.M., on motion of Mr. Tarr, as follows, to wit (yeas 6 - nays 33) [Yeas and Nays No. 216]:

The yeas and nays having been completed at eighteen minutes before three o'clock P.M., the amendment was rejected.

Mr. Tarr moved that the bill be amended by inserting at the end the following new Section:-
“SECTION 91.

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

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 2009 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, 2008.”
            After debate, the question on adoption of the amendment was determined by a call of the yeas and the nays at fourteen minutes before three o'clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 10 - nays 29) [Yeas and Nays No. 217]:

The yeas and nays having been completed at ten minutes before three o'clock P.M., the amendment was rejected.

            Mr. Tarr moved that the bill be amended by adding at the end the following section:-
            “SECTION 91. Notwithstanding any general or special law to the contrary, there shall be a special commission to investigate and study the commonwealth's ability to expand the use of educational collaboratives by school districts in order to fully maximize efficiencies in areas including, but not limited to, special education transportation, instruction, and procurement. The commission shall consist of 11 members, as follows: the chairs of the joint committee on education, who shall chair the commission; a designee appointed by the governor; the commissioner of the board of education or his designee; the chairs of the house and senate committees on ways and means; the executive director of the Massachusetts association of school superintendents; the executive director of the Massachusetts association of school committees; the executive director of the Massachusetts organization of education collaboratives; a representative of the statewide parents advisory council; and the secretary of administration and finance, or his designee. The commission shall report its findings and recommendations, including any proposed legislation, to the clerk of the senate, the clerk of the house of representatives, the chairs of the joint committee on education, the House minority leader and the Senate minority leader not later than July 1, 2009.”
            The amendment was adopted.
            Mr. Tarr and Ms. Tucker moved that the bill be amended by adding at the end the following section:-
            “SECTION 91. (a) Chapter 71 of the General Laws is hereby amended by inserting after Section 37M the following section:-
            ‘Section 37M ½. Consultations regarding consolidation of administrative functions with city or town.
            For any city or town accepting the provisions of this section, not earlier than December 1st of each alternating year beginning in 2009, and not later than January 31st of the subsequent year, the superintendent of schools for each school district serving such municipality shall meet with the mayor, town manager, or chief municipal officer or his designee for that municipality. The purpose of this meeting shall be to review the fiscal status of the school district budget and to identify opportunities for cost savings and efficiencies and any potential methodologies, including, but not limited to, joint procurement or consolidation of redundant functions. The results of each meeting shall be transmitted to the local legislative body and the local school committee not later than thirty days following the conclusion of such meeting.’
            (b) There is hereby established a special commission for the purpose of investigating potential options for the modification of the means by which municipal entities are permitted to join the State Group Insurance Commission, the impacts of such options, the feasibility of such options, and their relative advantages and disadvantages.
            Such commission shall consist of the Secretary of Administration and Finance or a designee who shall chair the commission, the executive director of the Group Insurance Commission, three representatives of municipal governments currently serving in an elected or appointed capacity and selected from a list provided by the Massachusetts Municipal Association by the governor, three representatives of public employee unions appointed by the governor, one member appointed by the governor, with actuarial experience in health insurance and three additional members appointed by the governor, one of whom shall represent the Massachusetts Taxpayers Foundation and two of whom shall represent the citizens of the Commonwealth.
            Said Commission shall report its findings, together with legislative recommendations for changes and/or modifications, to the clerks of the House and Senate not later than six months following the passage of this act.
            (c) (1) 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.
            (2) 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.
            (3) 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 (2) of this section.
            Not less than seventy-five 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.
            No funds provided in this section shall be considered funding for the purposes of Section 72 of Chapter 44 of the General Laws.
            (4) 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.
            (d) (1) Section 4A of Chapter 40 of the General Laws is amended by striking out the first sentence of said section and inserting the following new sentence:
            “The chief executive officer of a city or town, or a board, committee or officer otherwise authorized by law to execute a contract in the name of a governmental unit, as hereinafter defined, may enter on behalf of such unit into an agreement with one or more other governmental units to perform jointly or for such other unit or units any services, activities or undertakings which any of the contracting unties is authorized by law to perform, if such agreement is authorized by the parties thereto, in a city by the city council with the approval of the mayor, in a town by the Board of Selectmen and in a district by the Prudential Committee; provided, however, that when such agreement involves the expenditures of funds for establishing supplementary education centers and innovative educational programs, the agreement and its termination shall be authorized by the school committee.”
            (2) Section 4A of Chapter 40 of the General Laws is amended by striking the last sentence of the first paragraph of said section and inserting the following new sentence: “The words “governmental unit” as used herein shall mean a city, town, a regional school district, a district as defined in section one A, regional planning commissions, however constituted, regional transit authorities established under the provisions of chapter one hundred and sixty-one B, a water and sewer commission established under the provisions of chapter forty N or of a special law, counties, and a state agency as defined in section one of chapter six A”.
            (e) Section 18 of Chapter 32B of the General Laws, as appearing in the 2004 official edition, is hereby amended by striking out the entire section and inserting in place thereof the following new sections:-
            “Section 18 (a) In a governmental unit which has accepted the provisions of section ten and which accepts the provisions of this subsection, all retirees, their spouses and dependents insured or eligible to be insured under this chapter, if enrolled in medicare part A at no cost to the retiree, spouse or dependents or eligible for coverage thereunder at no cost to the retiree, spouse or dependents, shall be required to transfer to a medicare extension plan offered by the governmental unit under section eleven C or section sixteen; provided, that benefits under said plan and medicare part A and part B together shall be of comparable actuarial value to those under the retiree’s existing coverage. Each retiree shall provide the governmental unit, in such form as the governmental unit shall prescribe, such information as is necessary to transfer to a medicare extension plan. If a retiree does not submit the information required, he shall no longer be eligible for his existing health coverage. The governmental unit may from time to time request from any retiree, a retiree’s spouse and dependents, proof certified by the federal government of their eligibility or ineligibility for medicare part A and part B coverage. The governmental unit shall pay any medicare part B premium penalty assessed by the federal government on said retirees, spouses and dependents as a result of enrollment in medicare part B at the time of transfer into the medicare health benefits supplemental plan.
            This subsection shall take effect in a county, except Worcester county, city, town or district upon its acceptance in the following manner: In a county, by vote of the county commissioners; in a city having a Plan D or Plan E charter, by a majority vote of its city council; in any other city, by vote of its city council, approved by the mayor; in a district, except as hereinafter provided, by vote of the registered voters of the district at a district meeting; in a regional school district, by vote of the regional district school committee; and in a town, either by vote of the town at a town meeting or, by a majority of affirmative votes cast in answer to the following question which shall be printed upon the official ballot to be used at an election of said town – ‘Shall the town require that all retirees, their spouses and dependents who are enrolled in medicare part A at no cost to a retiree, their spouse or dependents, or eligible for coverage thereunder at no cost to a retiree, their spouse or dependents, be required to enroll in a medicare health benefits supplement plan offered by the town?’
            Section 18 (b). In a governmental unit which has accepted the provisions of section ten and which accepts the provisions of this subsection, all health benefit eligible retirees who retire after the governmental unit’s acceptance of this subsection, their spouses and dependents insured or eligible to be insured under this chapter, if enrolled in medicare part A at no cost to the retiree, spouse or dependents or eligible for coverage thereunder at no cost to the retiree, spouse or dependents, shall be required to transfer to a medicare extension plan offered by the governmental unit under section eleven C or section sixteen; provided, that benefits under said plan and medicare part A and part B together shall be of comparable actuarial value to those under the retiree’s existing coverage. Each benefit eligible individual who retires after the governmental unit’s acceptance of this subsection shall provide the governmental unit, in such form as the governmental unit shall prescribe, such information as is necessary to transfer to a medicare extension plan. If such a retiree does not submit the information required, the retiree shall no longer be eligible for his existing health coverage. The governmental unit may from time to time request from any retiree who retires after the governmental unit’s acceptance of this subsection, and/or the retiree’s spouse and dependents, proof certified by the federal government of their eligibility or ineligibility for medicare part A and part B coverage. The governmental unit shall pay any medicare part B premium penalty assessed by the federal government on said retirees, spouses and dependents as a result of enrollment in medicare part B at the time of transfer into the medicare health benefits supplemental plan. Notwithstanding anything in this subsection to the contrary, no retiree, their spouse or dependent, shall be required to enroll in medicare part B and a medicare extension plan if said requirement would require the retiree to purchase a separate non-medicare extension plan in order to provide coverage for a non-medicare eligible spouse or dependent.
            No retiree, their spouse or dependent, who retires prior to the acceptance of this subsection by a governmental unit, shall be subject to the provisions of this subsection, except as provided herein. Any retiree, their spouse or dependent, retired prior to a governmental unit’s acceptance of this subsection, shall be eligible for benefits under this chapter as if this subsection had not been accepted by the governmental unit, provided that any health benefit eligible retiree, their spouse and dependents insured or eligible to be insured under this chapter, if enrolled in medicare part A at no cost to the retiree, spouse or dependents or eligible for coverage thereunder at no cost to the retiree, spouse or dependents, may voluntarily enroll in a medicare extension plan offered by the governmental unit under section eleven C or section sixteen under the same terms as are available to any retiree, spouse or dependent under this subsection. If any such eligible retiree, their spouse or dependents voluntarily enrolls in such a medicare extension plan, said individual shall no longer be eligible to participate in any other group health insurance benefits available to active employees under this chapter.
            This subsection shall take effect in a county, except Worcester county, city, town or district upon its acceptance in the following manner: In a county, by vote of the county commissioners; in a city having a Plan D or Plan E charter, by a majority vote of its city council; in any other city, by vote of its city council, approved by the mayor; in a district, except as hereinafter provided, by vote of the registered voters of the district at a district meeting; in a regional school district, by vote of the regional district school committee; and in a town, either by vote of the town at a town meeting or, by a majority of affirmative votes cast in answer to the following question which shall be printed upon the official ballot to be used at an election of said town – ‘Shall the governmental unit require that all individuals who retire after the governmental unit’s acceptance of this subsection and their spouses and dependents who are enrolled in medicare part A at no cost to a retiree, their spouse or dependents, or eligible for coverage thereunder at no cost to a retiree, their spouse or dependents, be required to enroll in a medicare health benefits supplement plan offered by the governmental unit?’”.
            (f) Section 44A of Chapter 149 of the General Laws is hereby amended by striking Section 2 and replacing it with the following:-
            “(2)(A) Every contract for the construction, reconstruction, installation, demolition, maintenance or repair of any building by a public agency estimated to cost less than $5,000 shall conform to sound business practices.
            (B) Every contract for the construction, reconstruction, installation, demolition, maintenance or repair of any building by a public agency estimated to cost not less than $5,000 but not more than $10,000 shall be awarded to the responsible person offering to perform the contract at the lowest price quotation; provided, however, that the public agency shall seek written price quotations from no fewer than 3 persons customarily providing the work for which the contract is being made available. When seeking written quotations the public agency shall make and keep a record of the names and addresses of all persons from whom price quotations were sought, the names of the persons submitting price quotations and the date and amount of each price quotation.
            (C) Every contract for the construction, reconstruction, installation, demolition, maintenance or repair of any building estimated to cost more than $10,000 but not more than $25,000 shall be awarded to the responsible person offering to perform the contract at the lowest price. The public agency shall make public notification of the contract and shall seek written responses from persons who customarily perform such work. The public notification shall include a scope of work statement that defines the work to be performed and provides potential responders with sufficient information regarding the objectives and requirements of the public agency and the time period within which the work is to be completed. For purposes of this subsection “public notification” shall include, but not necessarily be limited to, posting, no less than 2 weeks before the time specified in the notification for the receipt of responses, the contract and scope of work statement on the website of the public agency, on the COMPASS system, so-called, or in the central register established under section 20A of chapter 9, and in a conspicuous place in or near the primary office of the public agency.
            (D) Every contract for the construction, reconstruction, installation, demolition, maintenance or repair of any building by a public agency estimated to cost more than $25,000 but not more than $100,000, except for a pumping station to be constructed as an integral part of a sewer construction or water construction project bid under the provisions of section 39M of chapter 30, shall be awarded to the lowest responsible and eligible bidder on the basis of competitive bids publicly opened and read in accordance with the procedure set forth in said section 39M of said chapter 30. The term “pumping station” as used in this section shall mean a building or other structure which houses solely pumps and appurtenant electrical and plumbing fixtures.
            (E) Every contract for the construction, reconstruction, installation, demolition, maintenance or repair of any building by a public agency estimated to cost more than $100,000, except for a pumping station to be constructed as an integral part of a sewer construction or water construction project bid under the provisions of section 39M of chapter 30, shall be awarded to the lowest responsible and eligible general bidder on the basis of competitive bids in accordance with the procedure set forth in section 44A to 44H, inclusive.
            (F) When the general court has approved the use of an alternative mode of procurement of construction for a project pursuant to section 7E of chapter 29, the awarding authority responsible for procuring construction services for the project shall follow the policies and procedures of this section and of section 44B to 44H, inclusive, to the extent compatible with the mode of construction procurement selected.
            (G) Notwithstanding paragraph (E), a public agency may undertake the procurement of modular buildings, in accordance with section 44E. A public agency may procure site work for modular buildings, including but not limited to, construction of foundations, installations, and attachment to external utilities, or any portion of site work, either in combination with the procurement of modular buildings pursuant to section 44E or on the basis of competitive bids pursuant to the paragraph (E). Notwithstanding the paragraph (E), a public agency may procure energy management services in accordance with section 11C of chapter 25A and regulations promulgated thereunder.”
            (g) (1) Section 2 of Chapter 30B of the General Laws, as so appearing, is hereby amended, after line 36 by inserting the following:-
“Electric bidding”, the electronic solicitation and receipt of offers to contract for supplies and services. Offers may be accepted and contracts may be entered by use of electronic bidding.
            (2) Section 2 of Chapter 30B of the General Laws, as 50 appearing, is hereby amended, after line 90 by inserting the following:-
“Reverse auction”, a competitive online solicitation process for supplies and services in which vendors compete against each other online in real time in an open and interactive environment.
            (3) Chapter 30B of the General Laws, as so appearing, is hereby amended by adding after Section 6 the following new section:-
“6A. (a) A chief procurement officer may enter into procurement contracts in the amount of $25,000 or more utilizing reverse auctions for the acquisition of supplies and services. The reverse auction process shall include a specification of an opening date and time when real-time electronic bids may be accepted, and provide that the procedure shall remain open until the designated closing date and time.
(b) All bids on reverse auctions shall be posted electronically on the Internet, updated on a real-time basis, and shall allow registered bidders to lower the price of their bid below the lowest bid on the Internet.
(c) The chief procurement officer shall require vendors to register before the reverse auction opening date and time, and as part of the registration, agree to any terms and conditions and other requirements of the solicitation. The chief procurement officer may require vendors to be pre-qualified prior to placing bids in a reverse auction. The pre-qualification criteria shall include, but not be limited to statements of vendors: financial stability, past performances and professional references. The statement of qualifications shall be signed under pains and penalties of perjury.”
            (4) Any mechanism, including but not limited to software, developed by the Operational Services Division for the purpose of conducting reverse auctions by the Commonwealth, shall provide for the utilization of such mechanism by municipalities. The Operational Services Division may assess any municipality utilizing such reverse auction mechanism a reasonable fee, calculated to compensate for any increased cost attributable to such utilization, which shall be credited to the general fund.”
            Ms. Menard in the Char, after remarks, the question on adoption of the amendment was determined by a call of the yeas and the nays at three o'clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 36 - nays 3) [Yeas and Nays No. 218]:

The President in the Chair, the yeas and nays having been completed at six minutes past three o'clock P.M., the amendment was adopted.

            Mr. Tarr moved that the bill be amended by adding at the end the following section:-
            “SECTION 91. Notwithstanding any law, rule or regulation to the contrary, the Department of Education shall not approve any increase in tuition rates at private institutions providing services pursuant to Chapter 766 of the Acts of 1972 subsequent to May 31 in the fiscal year preceding the fiscal year in which such increase will take effect; provided further, that no such increase shall be retroactive.”
            The amendment was rejected.
            Mr. Tarr moved that the bill be amended by adding at the end the following section:-
            “SECTION 91. Section 1 of Chapter 32 of the General Laws, as appearing in the 2004 official edition, is hereby amended by inserting in the definition of ‘regular compensation’ after the first paragraph the following new paragraph: -
            ‘Regular compensation,’ during any period subsequent to January 1, 2007, shall mean the full salary, wages or other compensation in whatever form, lawfully determined for the individual service of the employee by the employing authority, not including bonus, overtime, allowances for housing, transportation, travel, any and all employment related expense reimbursements, severance pay for any and all unused sick leave, or any other payments made as a result of giving notice of retirement, and any other such compensation in excess of salary or wages or as reasonably determined by the board.
            Section 2. Section 1 of chapter 32 of the General Laws, as so appearing, is hereby amended by inserting following the definition of the words “Annuity savings fund” the following: - “Average annual rate of regular compensation”, shall be the average of the rate of regular compensation for any qualifying year of credible service received during each pay period during the qualifying year.
            Section 3. Paragraph (b) of subdivision (1) of section 5 of chapter 32, of the General Laws, as so appearing, is hereby amended at the end thereof by adding following: - In the event that eighty per cent or greater of his regular compensation is in payment for duties in the group having the higher maximum age limit, such member shall not be considered to have achieved the maximum age for superannuation until he has attained the maximum age limit in the group having the higher maximum age limit, said member shall be limited to the performance of such later duties as prescribed in this paragraph.
            Section 4. Subdivision (2) of section 5 of chapter 32, of the General Laws, as so appearing, is hereby amended at the end thereof by adding the following sentences: - Provided that in any given year, no retirement allowance, as provided for by this chapter, shall exceed four hundred per cent of the average retirement allowance in the Commonwealth. The board shall determine the average retirement allowance in the Commonwealth as of January 1 of each year.”
            The amendment was rejected.
            Mr. Tarr moved that the bill be amended at the end by adding the following section:-
            “SECTION 91. Chapter 29 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following new section after Section 5F: -
            Section 5G: Development and Adoption of Zero-Based Budget Estimates
            1. The Secretary of Administration and Finance, with the approval of the Governor, shall on a quadrennial basis develop and submit to the Clerks of the Senate and House of Representatives a zero-based budget, so-called, for each agency and department of state government.
            Said zero-based budget shall reflect the amount of funding deemed necessary to achieve the most cost-effective performance of each agency or department pursuant to an accompanying narrative delineating the tasks to be performed by that agency or department, together with goals and objectives for each agency or department for a period not to exceed four years. Said budget shall have a zero dollar amount as its basis, and shall not reflect any prior appropriation amount, adjusted or otherwise.
            2. Said zero-based budget shall be referred by the Senate and House of Representatives to the committees of subject matter jurisdiction relevant to each component of said budget. Such committees shall evaluate each such component, taking into account all available information, including that provided by public testimony in oral and written form. The evaluations of the committee shall then be reported to the Senate and House Committees on Ways and Means.
            3. The Ways and Means Committees of the Senate and House of Representatives shall, jointly or individually, conduct at least one public hearing on the zero-based budget and shall also receive written and electronic testimony for a period of not less than 30 days on said budget.
            Said ways and means committees shall jointly develop and submit to the Clerks of the Senate and House of Representatives a zero-based budget estimate not later than 60 days following the receipt of the zero-based budget estimate filed by the Secretary pursuant to Section 1 above.
            Said zero-based budget estimate shall be included in a joint resolution and placed before the members of the General Court for their consideration. Such joint resolution, if adopted, shall be employed in evaluating each annual budget considered by the General Court for the four years following its adoption.
            4. Zero-based budgeting shall mean, for the purposes of this section, a means of developing appropriations based on the cost-effective achievement of the tasks and goals of a particular agency or department without regard to prior appropriations, adjusted for inflation or otherwise. Any appropriation so developed shall to the extent possible, be accompanied by a brief description of said tasks and goals together with the performance measure of the achievement of those tasks and goals.
            After remarks, the amendment was rejected.
            Mr. Buoniconti moved that the bill be amended by adding the following outside section:-
            “SECTION XX:           Section 142m of chapter 111 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding at the end thereof the following new paragraph:
            Notwithstanding any general or special law to the contrary, a licensed emissions inspection facility shall not be limited from seeking reimbursement or compensation for any loss from the network contractor, or any other party the network contractor has contracted with, as the result of breach of contract, negligence, misrepresentation or fraud, or any other allowable action under Massachusetts law.”
            The amendment was rejected.
            Mr. Buoniconti moved that the bill be amended in section 70 by striking in the first sentence “$25 million” and inserting in place thereof “$37.5 million”; and in the last sentence to strike “General Fund” and insert in place thereof “Essential Community Provider Trust Fund”, and to strike the words “further appropriation for” and insert in place thereof “the”.
            The amendment was rejected.
            Messrs. Montigny and Knapik moved that the bill be amended by adding the following section:
            “SECTION ____. The treasurer of the commonwealth, all quasi-public entities of the commonwealth and independent authorities of the commonwealth shall make biannual reports on their borrowing practices. These reports shall be submitted to the Secretary of Administration and Finance, the auditor of the commonwealth, the House and Senate chairs of the Committee on Ways and Means, and to the Senate and House chairs of the Committee on Bonding, Capital Expenditures & State Assets. This report shall include all transactions entered into, other than fixed-rate borrowing, during the six month period prior to the report filing deadline. Reports shall be due on the 30th day of April and the 31st day of October in each calendar year. The report shall include all transactions related to derivative financial products. For purposes of this section, derivative financial products shall be defined as financial instruments whose own value is derived from or based upon the value of other assets or on the level of an interest rate index, including, but not limited to a call option on a bond, an interest rate swap, caps, floors, collars, inverse floaters, auction rate securities, or any other financial transaction other than fixed-rate, long term borrowing. This report shall include the terms and conditions of each derivative financial product transaction; the parties involved in negotiating each derivative financial product transaction; copies of all agreements entered into between the parties relative to derivative financial product transactions; the financial impact of each transaction including, but not limited to, the interest rates, fluctuation in interest rates, and payments associated therewith; and a written rationale of the treasurer of the commonwealth, quasi-public entities of the commonwealth as to how the determination to enter into such a transaction was made. The report shall be signed under the pains and penalties of perjury by the treasurer, on behalf of the commonwealth; and by the chief financial officers of each quasi-public entity or independent authority of the commonwealth.”
            After remarks, the question on adoption of the amendment was determined by a call of the yeas and the nays at twenty minutes past three o'clock P.M., on motion of Mr. Montigny, as follows, to wit (yeas 39 - nays 0) [Yeas and Nays No. 219]:

The yeas and nays having been completed at twenty-three minutes past three o'clock P.M., the amendment was adopted.

There being no objection, during consideration of the Orders of the Day, an engrossed Bill making appropriations for the fiscal year 2008 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 4769), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,-- was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted in concurrence, by a vote of 17 to 0.
The bill was signed by the President and sent to the House for enactment.

The yeas and nays having been completed at eleven minutes before four o'clock P.M., the amendment was adopted.

Mr. Tolman in the Chair, there being no objection, during consideration of the Orders of the Day, an engrossed Bill making appropriations for the fiscal year 2008 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 4769) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and was signed by the Acting President (Mr. Tolman) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair) and laid before the Governor for his approbation.

            The President in the Chair, the Orders of the Day were further considered as follows:-
            The House Bill making appropriations for the fiscal year 2009 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (House, No. 4701),-- was further considered, the main question being on ordering it to a third reading.
            Mr. Morrissey moved that the bill be amended by adding at the end thereof the following 12 sections:-
            “SECTION 91. Chapter 109 section 3 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking in lines 18 and 19 the word ‘thirty’ and inserting in place thereof the word:- ‘sixty’.
            SECTION 92. Chapter 109 of the General Laws, as so appearing, is hereby amended by adding after section 4 the following new section:-
Section 4A. (a) A limited partnership may change its resident agent or the street address of the resident agent by filing a certificate of change of agent or office in the office of the secretary of state. The statement of change shall set forth:
(1) the name of the limited partnership;
(2) the name and street address of its current resident agent;
(3) if the current resident agent is to be changed, the name and street address of the new resident agent, and the new agent’s written consent, either on the statement or attached to it, to the appointment;
(4) if the street address of the business office of the resident agent is to be changed, the new street address of the business office of the resident agent.
(b) If a resident agent changes the street address of his business office, he may change the street address of the business office of any limited partnership for which he is resident agent by notifying the limited partnership in writing of the change and signing (either manually or by facsimile) and delivering to the secretary of state for filing a statement of change that complies with the requirements of subsection(a) and recites that the limited partnership has been notified of such change. If the street address of more than one limited partnership is being changed at the same time, there may be included in a single certificate the names of all limited partnerships the street addresses of the business office of which are being changed.
(c) Any resident may resign his agency appointment by signing and delivering to the secretary of state a certificate of resignation. The resident agent shall furnish a copy of such statement to the limited partnership. The agency appointment is terminated on the thirty-first day on which the statement was filed.
            SECTION 93. Section 8 of Chapter 109, as so appearing is hereby amended by striking clause (a)(3) and inserting in place thereof:-

(3) The address of the office and the name and address of the agent for service of process required to be maintained by section four. The agent’s written consent to the appointment as agent shall be either in the certificate or attached to it.
            SECTION 94. Section 49 of Chapter 109 as amended by Chapter 178 of the Acts of 2004 is hereby amended by striking clause (7) and inserting in place thereof:-
(7) The name and business address of its resident agent and the agent’s written consent, either on the certificate or attached to it, to its appointment as agent; and
            SECTION 95. Section 52 of Chapter 109, as appearing in the 2002 Official Edition, is hereby amended by striking said section and inserting in place thereof:-
Section 52. Each foreign limited partnership doing business in the commonwealth shall appoint a resident agent as its true and lawful attorney upon whom all lawful process in any action or proceeding against such foreign limited partnership in the commonwealth may be served. The provisions of Chapter 156D section 15.07, 15.08 and 15.09 relative to the appointment and qualifications of a resident agent shall be applicable to the appointment of a resident agent pursuant to this section.
            SECTION 96. Chapter 109 as so appearing is hereby amended by adding after section 62 the following new sections:-
Section 63. Annual report.
(a) Each domestic limited partnership and foreign limited partnership authorized to transact business in the commonwealth shall file an annual report with the secretary of state on or before the anniversary date of the filing of the certificate of limited partnership. The annual report shall contain all information required to be included in the certificate of limited partnership.
(b) The fee for filing the annual report shall be $500 if the report is filed on paper or via fax. The fee for filing the annual report electronically shall be $450.
Section 64. Administrative Dissolution.
(a) The secretary of state may commence a proceeding to dissolve a limited partnership if:
(1) The limited partnership has failed to comply with the provision of law requiring the filing of annual reports with the secretary of state for two or more consecutive years; or
(2) The secretary of state is satisfied that the limited partnership has become inactive and its dissolution would be in the public interest.
(b) If the secretary of state determines that one or more grounds exist under sub-section (a), he shall serve the limited partnership with written notice of his determination. The notice shall be sent to the address of the office in the commonwealth required by section 4(1). If the limited partnership does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the secretary of state that each ground determined by the secretary of state does not exist within 90 days of the date of the notice, the secretary of state shall administratively dissolve the limited partnership.
(c) A limited partnership administratively dissolved continues its existence, but may not carry on any business except that necessary to wind up and liquidate its affairs.
Section 65. Reinstatement. A limited partnership administratively dissolved under section 64 or whose authority to transact business in the commonwealth has been revoked under section 66 may apply to the secretary of state for reinstatement at any time. The application shall:
(1) recite the name of the limited partnership and the effective date of its administrative dissolution or revocation;
(2) state that the ground or grounds for dissolution or revocation either did not exist or have been eliminated;
(3) state that the name of the limited partnership satisfies the requirements of section 2. If the secretary of state determines that the application contains the information and that such information is correct, he shall reinstate the limited partnership.
Section 66. Revocation of Authority to Transact Business.
(a) The secretary of state may commence a proceeding to revoke the authority of a foreign limited partnership to transact business in the commonwealth if:
(1) The limited partnership has failed to comply with the provisions of law requiring the filing of annual reports with the secretary of state for two or more consecutive years; or
(2) The secretary of state is satisfied that the revocation of the limited partnership’s authority to transact business in the commonwealth would be in the public interest.
(b) If the secretary of state determines that one or more grounds exist under subsection(a), he shall serve the limited partnership with written notice of his determination. The notice shall be sent to the address of the foreign limited partnership. If the limited partnership does not correct each ground for revocation or demonstrate to the reasonable satisfaction of the secretary of state that each ground determined by the secretary of state does not exist with 90 days of the date of the notice, the secretary of state shall administratively revoke the authority of the foreign limited partnership to do business in the commonwealth.
(c) The authority of the foreign limited partnership to transact business in the commonwealth ceases on the date on which the secretary of state makes such revocation effective.
            SECTION 97. Chapter 156C Section 4 of the General Laws as appearing in the 2002 Official Edition is hereby amended by striking in lines 18 and 19 the word ‘thirty’ and inserting in place thereof the word:- ‘sixty’.
            SECTION 98. Chapter 156C of the General Laws, as so appearing, is hereby amended by adding after section 5 the following new section:-
Section 5A(a). A limited liability company may change its resident agent or the street address of the resident agent by filing a certificate of change of agent or office in the office of the state secretary. The statement of change shall set forth:
(1)     the name of the limited liability company;
(2)     the name and street address of its current resident agent;
(3)     if the current resident agent is to be changed, the name and street address of the new resident agent and the new agent’s written consent, either on the statement or attached to it, to the appointment;
(4)     if the street address of the business office of the resident agent is to be
changed, the new street address.
(b) If a resident agent changes the street address of his business office, he may change the street address of the business office of any limited liability company for which he is resident agent by notifying the limited liability company in writing of the change and signing (either manually or in facsimile) and delivering to the secretary of state for filing a statement of change that complies with the requirements of subsection (a) and recites that the limited liability company has been notified of such change. If the street address of more than one limited liability company is being changed at the same time, there may be included in a single certificate the names of all limited liability companies the street address of the business office of which are being changed.
(c) any resident agent may resign his agency appointment by signing and delivering to the secretary of state a certificate of resignation. The resident agent shall furnish a copy of such statement to the limited liability company. The agency appointment is terminated on the thirty-first day after the date on which the statement was filed.
            SECTION 99. Section 12 of Chapter 156C as so appearing is hereby amended by striking clause (a)(3) and inserting in place thereof:-
(3) the name and address of the resident gent for service of process required to be maintained by section five, and the agent’s written consent, either on the certificate or attached to it, to its appointment as agent.
            SECTION 100. Section 48 of Chapter 156C as amended by Chapter 178 of the Acts of 2004, is hereby amended by striking clause (7) and inserting in place thereof:-
            (7) the name and address of the resident agent of the foreign limited liability company and the agent’s written consent, either on the certificate or attached to it, to its appointment as agent.
            SECTION 101. Section 51 of the said Chapter 156C, as amended by Chapter 178 of the Acts of 2004, is hereby amended by striking Section 51 and inserting in place thereof:-
Section 51. Each foreign limited liability company doing business in the commonwealth shall appoint a resident agent as its true and lawful attorney upon whom all lawful process in any action or proceeding against such foreign limited liability company in the commonwealth may be served. The provisions of Chapter 156D section 15.07, section 15.08 and section 15.09 relative to the appointment and qualification of a resident agent shall be applicable to the appointment of a resident agent pursuant to this section.
            SECTION 102. Chapter 156C is hereby amended by adding after section 69 the following sections:-
Section 70. Administrative Dissolution
(a) The secretary of state may commence a proceeding to dissolve a limited liability company if:
(1) the limited liability company has failed to comply with the provisions of law requiring the filing of annual reports with the secretary of state for two or more consecutive years; or
(2) the secretary of state is satisfied that the limited liability company has become inactive and its dissolution would be in the public interest.
(b) If the secretary of state determines that one or more grounds exist under sub-section (a), he shall serve the limited liability company with written notice of his determination. The notice shall be sent to the address of the office in the commonwealth required by section 5. If the limited liability company does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the secretary of state that each ground determined by the secretary of state does not exist within 90 days of the date of the notice, the secretary of state shall administratively dissolve the limited liability company.
(c) A limited liability company administratively dissolved continues its existence, but may not carry on any business except that necessary to wind up and liquidate its affairs.
Section 71. Reinstatement
A limited liability company administratively dissolved or whose authority to transact business in the commonwealth has been revoked under sections 70 and 72 may apply to the secretary of state for reinstatement at any time. The application shall:
(1) recite the name of the limited liability company and the effective date of its administrative dissolution or revocation;
(2) state that the ground or grounds for dissolution or revocation either did not exist or have been eliminated;
(3) state that the name of the limited liability company satisfies the requirements of section 3.
If the secretary of state determines that the application contains the information required and that such information is correct, he shall reinstate the limited liability company.
Section 72. Revocation of Authority to Transact Business.
(a) The secretary of state may commence a proceeding to revoke the authority of a foreign limited liability company to transact business in the commonwealth if:
(1) the limited liability company has failed to comply with the provisions of law requiring the filing of annual reports with the secretary of state for two or more consecutive years; or
(2) the secretary of state is satisfied that the revocation of the limited liability company’s authority to transact business in the commonwealth would be in the public interest.
(b) If the secretary of state determines that one or more grounds exist under subsection (a), he shall serve the limited liability company with written notice of his determination. The notice shall be sent to the address of the foreign limited liability company. If the limited liability company does not correct each ground for revocation or demonstrate to the reasonable satisfaction of the secretary of state that each ground determined by the secretary of state does not exist with 90 days of the date of the notice, the secretary of state shall administratively revoke the authority of the foreign limited liability company to do business in the commonwealth.
(c) The authority of the foreign limited liability company to transact business in the commonwealth ceases on the date on which the secretary of state makes such revocation effective.”
            After remarks, the amendment was adopted.
            Messrs. Montigny, O'Leary and Ms. Resor moved that the bill be amended by inserting, after Section ____, the following new Section:-
            “SECTION____.     Section 4 of chapter 21L of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following subsection:-
            (f) Any person that owns or operates a tank vessel, as defined in section 1 of chapter 21M, carrying 6,000 or more barrels of oil within Buzzards Bay, as defined in said section 1 of said chapter 21M, fails to provide notice to the department of environmental protection as provided in section 9(a) of chapter 21M; and violates a provision of this chapter, by spilling oil into Buzzards Bay, shall be assessed triple the fines provided in this section.
            Section 1 of chapter 21M of the General Laws, as so appearing, is hereby amended by inserting before the definition of “Area of special interest” the following 2 definitions:-
            ‘AIS’, automatic identification system.
            ‘ARPA’, automatic radar plotting aids.
            Said section 1 of said chapter 21M, as so appearing, is hereby further amended by inserting after the definition of “Covered vessel” the following definition:-
            ‘Department’, department of environmental protection.
            Said section 1 of said chapter 21M, as so appearing, is hereby further amended by inserting after the definition of “Double hull” the following definitions:-
            ‘ECIDIS’, an electronic chart display and information system.
            ‘Fund’, the Oil Spill Prevention and Response Trust Fund established in section 8.
            Said section 1 of said chapter 21M, as so appearing, is hereby further amended by inserting after the definition of “Illicit drug” the following 3 definitions:-
            ‘Rescue tug’, a tugboat escort having twin radar displays equipped with ECDIS or ARPA capable of integrating AIS, a towing winch and associated wire and gear capable of towing a minimum of a 470 foot fully loaded tank vessel, pilot disembarkment gear, and 600 feet of oil spill response boom and associated response gear
            ‘Response time’, the amount of time required for a rescue tug to assist a tank vessel.
            ‘State pilot’, a pilot commissioned under chapter 103.
            Section 8 of said chapter 21M, as so appearing, is hereby amended, in line 3, by inserting after the words ‘response teams’ the following words: - , rescue tugs dispatched under the authority of chapter 21M, section 9 of the General Laws.
            Said section 8 of said chapter 21M, as so appearing, is hereby further amended by striking out, in lines 22 and 23, the words ‘2 cents for each barrel of petroleum product, as set by the commissioner pursuant to clause (4)’ and inserting in place thereof the following words:- 5 cents for each barrel of petroleum product.
            Subsection (c) of said section 8 of said chapter 21M, as so appearing, is hereby amended by striking out clauses (3) to (5), inclusive.
            Said section 8 of said chapter 21M, as so appearing, is hereby further amended by striking out, in line 50, the figure ‘6’ and inserting in place thereof the following figure:- 3.
            Said section 8 of said chapter 21M, as so appearing, is hereby further amended by striking out, in line 80, the word ‘and’, the second time it appears.
Said section 8 of said chapter 21M, as so appearing, is hereby further amended by striking out, in line 84, the word ‘Administration.’ and inserting in place thereof the following words:- Administration; and
            (10) to pay for appropriately manned rescue tugs and state pilots in Buzzards Bay, dispatched under the authority of chapter 21M, section 9 of the General Laws.
Said section 8 of said chapter 21M, as so appearing, is hereby further amended, by striking out, in line 127, the word ‘and’.
Said section 8 of said chapter 21M, as so appearing, is hereby further amended by striking out the word ‘reimbursements.’, in line 128, and inserting in place thereof the following words:- reimbursements; and
            (vii) payment of costs associated with appropriately manned rescue tugs and state pilots in Buzzards Bay, dispatched under the authority of chapter 21M, section 9 of the General Laws .
Said chapter 21M, as so appearing, is hereby amended by adding the following section:-
            Section 9. (a) An owner or operator of a tank vessel carrying 6,000 or more barrels of oil may provide 24 hour notice to the department, in a manner to be determined by the department, of the owner or operator’s intent to enter or operate such vessel in Buzzards Bay.
            (b) If such 24 hour notice is given pursuant to section 9(a) of this chapter and the tank vessel is unaccompanied by a tug boat escort, the commissioner shall dispatch a state pilot, if requested by such owner or operator, to the towing vessel.
(c) The commissioner shall dispatch rescue tugs in Buzzards Bay to be available to tank vessels carrying 6,000 or more barrels of oil, unaccompanied by a tugboat escort, entering or operating in Buzzards Bay. The commissioner shall establish by regulation the maximum response times that rescue tugs shall maintain upon being dispatched.
(d) If no state pilot is requested under subsection (b), a rescue tug dispatched under subsection (c) shall be manned by a state pilot. The pilot shall monitor the safe passage of vessels and provide information to tank vessel operators on current and anticipated navigational issues.
(d) The state pilot or operator of the rescue tugs shall report to the commissioner all near and actual navigational incidents that could potentially lead to an oil spill including, but not limited to: tank vessels traveling outside of the designated vessel route as appearing on the national oceanic and atmospheric administration chart for Buzzards Bay; failure to use AIS; near or actual collisions, allisions or groundings; steering or engine failures; and towing gear failures. The commissioner shall record, make available to the public, and keep on file these reports for not less than 10 years.
(e) Notwithstanding subsection (b), the commissioner may authorize longer response times and fewer state pilots if he determines that exigent circumstances exist. No such authorization shall be construed to relieve or otherwise limit the liability of an owner or operator of a tank vessel for any release of oil that occurs while the tank vessel enters or operates in Buzzards Bay. The commissioner shall report, not later than January 1, 2009, and annually thereafter, to the joint committee on the environment, natural resources and agriculture the number of occasions that such exemptions were authorized.
(f) The commissioner shall adopt regulations to implement this section including, but not limited to, the dispatching of state pilots, manning requirements, and maximum response times.
(g) The commissioner, after a competitive bidding process, may evaluate such bids and may enter into a contract with a company to dispatch and provide rescue tugs, which meet or exceed the standards required under this section.
The commissioner of the department of environmental protection shall adopt initial regulations not later than 180 days of the effective date of this act.
Subsections (f) and (g) of section 9 of chapter 21M of the General Laws, as appearing in section 14 and section 15, shall take effect on the effective date of this act.”; and by inserting before the enacting clause the following emergency preamble:-
“Whereas, The deferred operation of this act would tend to defeat its purpose, which is to further protect Buzzards Bay, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety.”
The remainder of this act shall take effect 210 days after its passage.
            After remarks, the question on adoption of the amendment was determined by a call of the yeas and the nays at four minutes before four o'clock P.M., on motion of Mr. Montigny, as follows, to wit (yeas 39 - nays 0) [Yeas and Nays No. 221]:

The yeas and nays having been completed at four o'clock P.M., the amendment was adopted.

            Mr. Brown moved that the bill be amended by inserting, after Section 90, the following new Section:-
            “SECTION 91. Section 25 of Chapter 118G of the Massachusetts General Laws as created in Section 101 of Chapter 184 of the Acts of 2002, is hereby repealed.
            The amendment was rejected.
            Mr. McGee moved that the bill be amended, in section 2, in item 0640-0300 by adding the following: - “provided further, that not less than $50,000 shall be expended to RAW Arts, Inc. in the city of Lynn to facilitate youth expansion programs approved by the Board of Directors of said organization”.
            The amendment was rejected.
            Mr. Brown moved that the bill be amended by inserting, after Section 90, the following new Section:-
            “SECTION 91. Chapter 149 of the General Laws as appearing in the 2002 Official Edition, is amended by inserting after 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.”
            After remarks, the question on adoption of the amendment was determined by a call of the yeas and the nays at four minutes past four o'clock P.M., on motion of Mr. Brown, as follows, to wit (yeas 6 - nays 33) [Yeas and Nays No. 222]:

The yeas and nays having been completed at nine minutes past four o'clock P.M., the amendment was rejected.
            Mr. Hart moved that the bill be amended, in section 2, in item 7002-0012, by striking the figure “$8,000,000” and inserting in place thereof the figure “$9,200,000”.
            The amendment was rejected.
            Messrs. Timilty and Augustus, Ms. Spilka, and Ms. Candaras moved that the bill be amended by inserting the following new section:-
            “SECTION XX. Section 6 of Chapter 62 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding the following subsection: -
(l) There is hereby established a tax credit for those who incur expenses associated with the purchase of hearing aids. The amount of such credit shall be thirty percent of the cost of the hearing aid or four hundred dollars, whichever figure is less. The credit applies to no more than one hearing aid every five years. If the credit provided in this section reduces the tax to zero, the taxpayer shall be entitled to a refund equal to the amount of the credit exceeded the amount of tax due.”
            After remarks, the amendment was rejected.
            Mr. Timilty moved that the bill be amended by inserting the following new section;-
            “SECTION XX. Section 6 of Chapter 62 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following subsection: -
            (m) Any taxpayer who maintains a household which includes as a member one or more individuals who are pupils enrolled in a public school shall be allowed a credit against the tax liability imposed by this chapter equal to fifty per cent or five hundred dollars, whichever is lesser, of the net expenditures for fees paid in connection with activities authorized by section 47 of Chapter 71 of the general laws.”
            After remarks, the amendment was rejected.
            Mr. Timilty moved that the bill be amended inserting the following new section:-
            “SECTION XX. Section 6 of Chapter 62 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following subsection: -
            (m) Any taxpayer who maintains a household which includes as a member one or more individuals who are pupils enrolled in a public school shall be allowed a credit against the tax liability imposed by this chapter equal to fifty per cent or five hundred dollars, whichever is lesser, of the net expenditures for fees paid in connection with student transportation provided under section 68 of Chapter 71 of the general laws.”
            The amendment was rejected.
            Messrs. Hedlund and Brown moved that the bill be amended after Section 90, the following new Section:-
            “SECTION _____. Section 4 of chapter 62 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out paragraph (b) and inserting in place thereof the following:-
            (b) Part B taxable income shall be taxed at the rate of 5.0 per cent for tax years beginning on or after January 1, 2009.”
            The amendment was rejected.
            Mr. Hedlund moved that the question on adoption of the amendment be determined by a call of the yeas and the nays.
            An insufficient number of members joining with him, the yeas and nays were not ordered.
            After remarks, the amendment was rejected, by a vote of 3 to 17.
            Messrs. McGee, and Montigny moved that bill be amended in section 7, in part (2) of subsection (b) of Section 69A of Chapter 10 of the General Laws by adding at the end thereof the following:- “$5,000,000 to the Workforce Competitiveness Trust Fund, established by section 2WWW of chapter 29;”.
            After remarks, the amendment was adopted.
            Ms. Spilka moved that the bill be amended in section 2, by inserting after item 1599-7104, the following item:-
            “1599-XXXX For a reserve to: 1) meet the extraordinary increases in the cost of public safety services provided by a municipality, provided that the provision of services has been in response to requests for assistance from mental health facilities, community residential programs, homeless shelters, and rehabilitation facilities and related educational facilities which provide clinical, rehabilitative and supportive services for adults or children; and provided further that preference shall be given to municipalities in which there has been an increase in requests for public safety services during the previous 60 months of at least 25%; and 2) meet the extraordinary increases in the cost of public safety services provided by a municipality provided that the provision of services has been in response to requests for assistance from a correctional institution or other facility operated by the department of correction, and provided further that preference shall be given to communities in which such requests for public safety services in fiscal year 2007 was increased by at least 20% over such requests in fiscal year 2006; and 3) assist municipalities in which at least 190 parcels, representing at least 1% of the total number of parcels in that municipality are exempt from taxation under clause 3 of section 5 of chapter 59 of the General Laws; provided further, that notwithstanding the provisions of any general or special law to the contrary, assistance funded by this item shall only be available on a one time non-recurring basis. ………………..……………………………………………………………$2,500,000”.
            The amendment was rejected.
            Mr. Hart moved that the bill be amended, in section 2, in item 8910-0000, by striking the following; “the maintenance of effort obligations for Suffolk county shall be 4 per cent of the total fiscal year 2008 Suffolk county correction operating budget as approved by the county government finance review board”, and inserting in place thereof the following; “the maintenance of effort obligations for Suffolk county shall be 2 per cent of the total fiscal year 2008 Suffolk county correction operating budget as approved by the county government finance review board”.
            The amendment was rejected.
            Ms. Creem and Messrs. Timilty and Joyce move that the bill be amended by adding the following sections:-
            SECTION __. Clause Forty-first A of section 5 of said chapter 59 of the General Laws is hereby further amended by inserting, in line 1060, after the words “the property or” the following words:— “one year after” .
            SECTION __. Section 5K of chapter 59 of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the figure “$750” and inserting in place thereof the following figure:— “$1,000”.
            SECTION __. There is hereby established the elderly and disabled person’s tax relief outreach program for the purposes of assisting elderly and disabled residents of the commonwealth in obtaining information about available options designed to provide limited relief from state and local taxes.
            The secretary of the commonwealth shall administer the program in conjunction with the secretary of the executive office of elder affairs and the commissioner of the department of revenue.
            In order to assist interested persons in obtaining such information, the outreach program shall:
            (a) create and distribute literature outlining all tax relief programs for the elderly and disabled, including those providing relief from state and local taxes and describing the benefits and eligibility criteria for each option;
            (b) organize presentations and workshops to better facilitate the awareness and education of elderly and disabled persons in the tax-related issues that concern them, what relief is available to them and the application process for such relief programs; and
            (c) create and maintain a statewide toll free telephone number staffed by individuals qualified to inform and advise interested and potentially eligible persons about available options designed to provide limited relief from state and local taxes.
            The secretary of the commonwealth, in consultation with the secretary of the executive office of elder affairs and the commissioner of the department of revenue shall promulgate such regulations as are necessary to implement the elderly and disabled person’s tax relief outreach program.
            After remarks, the question on adoption of the amendment was determined by a call of the yeas and the nays at twenty minutes before five o'clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 39 - nays 0) [Yeas and Nays No. 223]:

The yeas and nays having been completed at twelve minutes before five o'clock P.M., the amendment was adopted.

            Ms. Creem, Ms. Candaras, Ms. Wilkerson, and Messrs. Galluccio and Timilty, moved that the bill be amended in section 2, in item 1201-0160, by inserting at the end thereof the following:-- “provided further, in fiscal year 2009, the department will identify the steps necessary to enable the commonwealth to implement, by October 1, 2009, the requirements in 42 U.S.C. § 608(a)(3) and the options set forth in 42 U.S.C. §§ 657(a)(2)(B)(i), 657(a)(7)(B) and 657(b)(2) to pay the federal share of certain child support collections to families; provided further, that on or before November 1, 2008, the department shall report to the chairs of the house and senate committees on ways and means and the chairs of the joint committee on revenue setting forth in detail the steps the department has taken and those it would still need to take, along with a timetable for accomplishing each of the steps still necessary and identification of any additional funding or statutory changes needed, to implement such requirements and options by October 1, 2009”.
            The amendment was adopted.
            Mr. Creedon moved that the bill be amended by inserting after section 15 the following section:-
            “SECTION 15A. Section 8 of chapter 44B of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out paragraph (a) and inserting in place thereof the following paragraph:-
            (a) The fees of the registers of deeds, except as otherwise provided, to be paid when the instrument is recorded, shall be subject to a surcharge of $20, but if the paper includes multiple references to any document or instrument intending or attempting to assign, discharge, release, partially release, subordinate or notice any other document or instrument, each reference shall be separately indexed and separately assessed an additional $20 surcharge. The fees for recording a municipal lien certificate shall be subject to a surcharge of $10, but if the instrument includes multiple references to any document or instrument intending or attempting to assign, discharge, release, partially release, subordinate or notice any other document or instrument, each reference shall be separately indexed and separately assessed an additional $10 surcharge. The surcharges shall be imposed for purposes of community preservation. No surcharge shall apply to a declaration of homestead under chapter 188. No surcharge shall apply to the fees charged for additional pages, photostatic copies, abstract cards or additional square feet for the recording of plans.”;
            By inserting after section 54 the following section:-
            “SECTION 54A. Chapter 262 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out section 38 and inserting in place thereof the following section:-
            Section 38. The fees of the registers of deeds, except as otherwise provided, to be paid when an instrument is recorded shall be as follows:
            For entering and recording any paper, certifying the same on the original, and indexing it and all other duties pertaining thereto, $50, but if the paper includes multiple references to any document or instrument intending or attempting to assign, discharge, release, partially release, subordinate or notice any other document or instrument, each reference shall be separately indexed and separately assessed an additional $50 fee;
            For recording a declaration of trust, $200;
            For recording a deed or conveyance, $100;
            For recording a mortgage, $150;
            For recording a declaration of homestead, $30;
            For recording and filing a plan, $50 per sheet; and
            For all copies of documents, whether copied out of books or generated electronically, $1 per page, and all coin operated copy machines shall be $.50 per page.
            The fees of the registers of deeds, except as otherwise provided, to be paid when the instrument is recorded shall be subject to a surcharge under section 8 of chapter 44B.”; and
            By inserting after section 87 the following section:-
            “SECTION 87A. Sections 15A and 54A shall take effect as of March 5, 2003.”
            After remarks, the amendment was adopted.
            Mr. Joyce moved that the bill be amended by inserting, after section __, the following new Section:-
            “SECTION ___. Chapter 32 section 4(1) of the General Laws is hereby amended by adding at the end thereof the following new subsection:
            (t) Notwithstanding the provisions of this chapter or any general or special law to the contrary, if a non-profit organization receives more than fifty percent of its funding from the state, and is officially designated by the state to perform services previously performed by a state agency, then any employee of said non-profit organization shall receive full credit for the period of their employment there. Eligibility for the creditable service shall be conditioned upon payment, in lump sum or in installments upon such terms as the applicable retirement board may provide, into the annuity savings fund of the applicable retirement system, of an amount equal to the contributions such member in service would have otherwise paid into the applicable retirement system for the period of said service based upon the annual salary the member received at the qualifying non-profit organization.”
            The amendment was rejected.
            Mr. Hart moved that the bill be amended, in section 2, in item 7003-0702, by adding the following: “; provided further, that not less than $200,000 shall be expended for the Women’s Career Mentoring Program operated by the Jewish Vocational Service’s Center for Careers and Lifelong Learning and Crittenton Women’s Union Woman to Woman Program”.
            After remarks, the amendment was adopted.
            Mr. Tisei moved that the bill be amended by inserting after section 90 the following:-
            “SECTION 91. Notwithstanding any special or general law to the contrary the first week of august 2009 shall be hereby declared ‘Massachusetts Homecoming Week’. The Governor of the Commonwealth shall lead a coordinated effort to market the Commonwealth to individuals and business for relocation in the state.
            The secretary of the commonwealth, to the best of his abilities, shall provide notice, by way of letter or advertisement in print or online, to all persons who have moved their primary residence from Massachusetts since the completion of the most recent census. Said notice shall provide information regarding the Commonwealth of Massachusetts and the events of ‘Massachusetts Homecoming Week’. Also advertisements shall be placed in markets around the country announcing the programs to be held during the week.
            As part of ‘Massachusetts Homecoming Week’ the following events shall occur:
            (A) The secretary of housing and economic development, in consultation with secretary of labor and workforce development, shall organize and hold an employment fair as part of Massachusetts Homecoming Week showcasing employment opportunities within the state and the available training and workforce development programs.
            (B) The Governor shall host a roundtable of executives from all businesses which have relocated jobs outside of Massachusetts in the past ten years to discuss the primary reasons for those departures and to discuss what strategies would make Massachusetts more competitive in the coming years.
            (C) The office of travel and tourism shall coordinate and work with local chamber’s of commerce and regional tourism boards to develop and market destination events around Massachusetts during homecoming week.
            During Massachusetts Homecoming Week, notwithstanding any special or general law to the contrary, an excise shall not be imposed upon business sales at retail of tangible personal property, as defined in section 1 of chapter 64H of the General Laws.  For the purposes of this act, tangible personal property shall not include telecommunications, tobacco products subject to the excise imposed by chapter 64C of the General Laws, gas, steam, electricity, motor vehicles, motorboats, meals or a single item the price of which is in excess of $2,500.”
            After remarks, the amendment was rejected.
            Mr. Creedon moved that bill be amended in section 41 by striking out the definition of “cigar” and inserting in place thereof the following:- “Cigar”, any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco other than any roll of tobacco that is a cigarette as defined in section 1.
            The amendment was adopted.
            Messrs. Joyce and Timilty moved that the bill be amended by inserting, after section ___, the following new Section:-
            “SECTION___. Section 1. Notwithstanding any general or special law to the contrary, for the benefit of their school programs, education collaboratives as defined in section 4E of chapter 40 of the General Laws may make purchases from a vendor’s contract that has been competitively procured by another state or political subdivision or public entity thereof for the item or items being purchased.
            Section 2. These education collaboratives shall not be subject to section 1(c) of chapter 30B of the general laws of section 22A of chapter 7 of the general laws insofar as those laws preclude out-of-state collective purchases by education collaboratives for a perioud not to exceed 2 years after the effective date of this act, and thereafter the provisions of said section 1(c) of chapter 30B and sections 22A of chapter 7 shall apply for any future collective purchasing by education collaboratives.
            Section 3. The inspector general shall review the process by which education collaboratives are making out-of-state collective purchases. Education collaboratives participating in out-of-state collective purchasing must submit biannually the following summary information to the Massachusetts Office of the Inspector General. (1). Written evidence for all items purchased that the vendor contracts for such items were competitively procured by a state or one of its political subdivision or public entities; (2) A full and complete description of the item(s) purchased. (3) Documentation of savings obtained with relevant Massachusetts cost comparisons.
            The amendment was adopted.

            Mr. Tarr moved that the bill be amended by adding at the end the following section:-
            “SECTION 91. Notwithstanding any general or special laws to the contrary, any and all meetings of the so-called ‘Readiness Project’ shall be disclosed to the public through posting in a conspicuous manner on the home web site of the Commonwealth.
            The amendment was rejected.
            Ms. Fargo moved that the bill be amended, in section 2, in item 1410-0400, by inserting after the words “soldiers’ home” the following words:- “or residents of a veteran’s residential facility of a municipality that has an active military base located in such municipality”.
            After remarks, the amendment was rejected.
            Messrs. Timilty and Morrissey moved that the bill be amended by inserting the following new section: -
            “SECTION XX section 1. Section 7 of chapter 44 of the General Laws is hereby amended by inserting after clause 17 the following new clause: - (17A) For dredging of tidal and non-tidal rivers and streams, harbors, channels and tide waters, ten years.
            SECTION 2. Section 7 of chapter 44 of the General Laws is hereby amended by inserting at the end thereof the following new clause: - (32) For the cost of cleaning up or preventing pollution caused by existing or closed municipal facilities not defined in Chapter 44 s 8 clause (21), including clean up or prevention activities taken pursuant to chapter 21E or chapter 21H, twenty years; provided, however, that no indebtedness shall be incurred hereunder until plans relating to the project shall have been submitted to the department of environmental protection and the approval of said department has been granted therefore.”
            The amendment was rejected.
            Mr. Antonioni moved that the bill be amended by inserting, after Section ___, the following new Section:-
            “SECTION ____. Notwithstanding section 3B of chapter 7 of the general laws or any other general or special law, the administrative office of the trial court shall allow the general public to park in the Fitchburg superior courthouse parking lot on weekdays between 5:00 p.m. and a closing time which is before midnight and which is agreed upon by a neighborhood association comprised of governmental and charitable organizations located within 50 yards of the parking lot and all day on weekends if: (1) the neighborhood association erects and maintains signs near the entrances to the parking lot that state the times that the parking lot is available for use by the general public; (2) the association locks and secures the entrance to the parking lot at the closing time everyday as directed by courthouse staff; (3) the association arranges and pays for the towing of unauthorized vehicles that are in the parking lot when courthouse staff unlocks the parking lot’s entrance on weekday mornings and at any other times; (4) the association assumes responsibility for collecting and disposing of any trash discarded on the lot during the association's hours of access to the lot; and (5) the association holds harmless and indemnifies the administrative office of the trial court from any liability arising from, or related to, the use of the lot permitted by this section.”
            After remarks, the amendment was adopted.
            Mr. Knapik moved that the bill be amended by inserting after Section 90, the following new Section:-
            “SECTION 91. Section 9A of chapter 200A of the general laws is hereby repealed in its entirety and shall be replaced with the following:
Section 9A. Alternative procedure for handling abandoned funds held by cities, towns and districts.
            (a) This section shall apply to abandoned funds, as determined herein, held in the custody of cities, towns or districts that have accepted the provisions of this section pursuant to section 4 of chapter 4 of the general laws. In the case of such cities, towns or districts accepting the provisions of this section there shall be an alternative procedure for disposing of abandoned funds held in the custody of such cities, towns or districts as provided in this section, and only this section shall apply to the disposition of such funds.
            (b) Any funds held in the custody of a city, town or district that has accepted this section may be presumed by the city, town or district treasurer to be abandoned unless claimed by the corporation, organization, beneficiary or person entitled thereto within one year after the date prescribed for payment or delivery, provided the last instrument intended as payment bears upon its face the statement “void if not cashed within one year from date of issue.” Once a period of one year has elapsed from the date of any such instrument, the treasurer of any such city, town or district may cause the financial institution upon which the instrument was drawn to stop payment on the instrument, or otherwise cause the financial institution to decline payment on the instrument, and any claims made beyond this date may only be paid by the city, town or district through the issuance of a new instrument. Neither the city, town, district nor financial institution shall be liable for damages, consequential or otherwise, resulting from a refusal to honor an instrument of a city, town or district submitted for payment more than one year from its issuance.
            (c) The treasurer of a city, town or district holding funds owed to a corporation, organization, beneficiary or person entitled thereto, that are presumed to be abandoned as aforementioned, shall post a notice, which notice shall be entitled “Notice of Names of Persons appearing to be Owners of funds held by (insert city, town or district name), and deemed abandoned.” The notice shall specify those who appear from available information to be entitled to such funds, shall provide a description of the appropriate method for claiming such funds, and shall state a deadline beyond which funds may no longer be claimed, provided such deadline is no earlier than sixty days from the date such notice was either postmarked or first posted on a website as herein provided. The treasurer of such city, town or district may post such notice using one or both of the following methods: (1) by mailing such notice postpaid to the last known address of the beneficiary or person entitled thereto, sent via first class mail, or (2) if the city, town or district maintains an official website the said treasurer may, as an alternative, post the notice conspicuously on said website for a period of not less than 60 days.
            (d) In the event funds appearing to be owed to a corporation, organization, beneficiary or person amount to $100 or more, and the deadline as provided in the aforementioned notice has passed, and no claim for the funds has been made, the treasurer shall cause an additional notice, in substantially the same form as the aforementioned notice, to be published in a newspaper of general circulation in the county (or counties) in which the city, town or district is located, except that this notice shall provide an extended deadline beyond which funds cannot be claimed, which shall be no earlier than one year from the date of publication of such notice.
            (e) Once the final deadline of the aforementioned notice(s) has passed, the funds owed to such corporation, organization, beneficiary or person entitled thereto shall escheat to the city, town or district and the treasurer thereof shall record the funds as revenue in the general fund of the city, town or district, and the city, town or district shall not thereafter be liable to the corporation, organization, beneficiary or person for payment of those funds, nor for the underlying liability for which the funds were originally intended. These funds shall then be available to the city, town or district’s appropriating authority for appropriation for any other public purpose. In addition to the notices herein provided for, the treasurer of the city, town or district may initiate any other notices or communications that are directed in good faith toward making final disbursement of the funds to the corporation, organization, beneficiary or person entitled thereto.
            Prior to escheatment of the funds, the treasurer of the city, town or district shall hear all claims on funds that may arise, and if it is clear, based on a preponderance of the evidence available to the treasurer at the time the claim is made that the claimant is entitled to disbursement of the funds, the treasurer shall disburse funds to the claimant upon receipt by the treasurer of a written indemnification agreement from the claimant wherein the claimant agrees to hold the city, town or district and the treasurer of the city, town or district harmless in the event it is later determined that the claimant was not entitled to receipt of the funds. If it is not clear, based on a preponderance of the evidence before the treasurer at the time of the claim that the claimant is entitled to disbursement of the funds, the treasurer shall segregate the funds into a separate, interest bearing, bank account and shall notify the claimant of such action within 10 days. A claimant affected by this action may appeal within 20 days to the district, municipal or superior court of the county in which the city, town or district is located. The claimant shall have a trial de novo. An appeal shall be perfected by the claimant within 20 days after receiving notice of this action by the city, town or district treasurer. A party adversely affected by a decree or order of the district, municipal or superior court may appeal to the appeals court or the supreme judicial court within 20 days from the date of the decree.
            If the validity of the claim shall be determined in favor of the claimant or another party, the treasurer shall disburse funds to the claimant in accordance with the order of the court, including interest accrued. If the validity of the claim is determined to be not in favor of the claimant or any other party, or if the treasurer does not receive notice that an appeal has been filed within one year from the date the claimant was notified that funds were being withheld, then the funds, plus accrued interest, shall escheat to the city, town or district in the manner herein provided.
            If the claimant is domiciled in a country or state outside the United States or its territories and the city, town or district determines that there is no reasonable assurance that the claimant will actually receive the payment provided for in this section in substantially full value, the superior court, in its discretion or upon a petition by the city, town or district may order that the city, town or district retain such payment.
            The earlier Section 9A of chapter 200A herein repealed shall apply to funds wherein the final instrument of disbursement was issued prior to the effective date of this act.”
            The amendment was rejected.
            Mr. Moore moved that the bill be amended by inserting, after Section__, the following new Sections:-
            “SECTION ___. Chapter 60 of the General Laws is hereby amended by inserting the following new section:--
            Section 37C   Security Interest on taxable personal property
            Taxes assessed upon personal property under the provisions of chapter fifty-nine, including section eighteen, with all accrued interest, incidental charges and fees provided for in chapter fifty-nine, and other provisions of this chapter shall be a security interest in the personal property so taxed, as well as all after acquired consumer goods, equipment and inventory and the proceeds from the sale of any such personal property until the security interest is terminated as provided in this section.
            The assessment of personal property taxes by a municipal board of assessors shall have the force and effect of a signed security agreement under the provisions of chapter one hundred-six, hereinafter referred to in this section as ‘the Uniform Commercial Code.’ The security interest shall have the force and effect of an unperfected security interest in accordance with the provisions of the Uniform Commercial Code and once perfected shall have the force and effect of a perfected security interest in accordance with the provisions of the Uniform Commercial Code.
            The unperfected security interest shall be perfected upon: (1) nonpayment of the tax, including partial nonpayment, fourteen days after the mailing of a demand in accordance with section sixteen of this chapter; and, (2) the filing of a financing statement by the municipal collector at the office of the state secretary in accordance with the provisions of the Uniform Commercial Code, provided that the collector may file a financing statement no earlier than fourteen days following the mailing of a demand to the taxpayer.
            The collector shall, upon perfection of the security interest, add the cost of filing the financing statement and the cost of filing a termination statement plus an additional fee of five dollars for the preparation of the financing statement and an additional fee of five dollars for the preparation of a termination statement to the balance due.
            If it appears to the collector that a filed financing statement is going to lapse, the collector shall file a continuation statement, as well as succeeding continuation statements in accordance with the provisions of the Uniform Commercial Code, to continue the effectiveness of the initial financing statement, adding to the balance due the cost of filing each necessary continuation statement plus a fee of five dollars for their preparation.
            Once the balance due, including the tax, accrued interest, incidental charges, and fees as provided by chapter fifty-nine and other provisions of this chapter have been fully abated or fully paid the security interest provided for under this section shall terminate, and if the security interest was perfected, the collector or an assignee of the collector shall file a termination statement at the office of the state secretary in accordance with the provisions of the Uniform Commercial Code.
The collector may assign an underlying personal property tax receivable in accordance with the procedures provided for in section 2C of this chapter provided that the provisions of the Uniform Commercial Code governing the assignment of a security interest are also followed. In the event of a direct conflict between section 2C of this chapter and the provisions of the Uniform Commercial Code, the provisions of the Uniform Commercial Code shall control as to the assignment of the security interest and the provisions of this chapter shall control as to the assignment of the tax receivable.
If a tax receivable and security interest has not previously been assigned, the collector shall assign the tax receivable and the security interest, in accordance with the provisions of the Uniform Commercial Code, to any other secured party holding a concurrent security interest in the same personal property, regardless of when the other secured party’s interest was perfected, if that secured party fully pays the balance due to the collector.
All remedies available to holders of secured interests under the provisions of the Uniform Commercial Code for default of an underlying obligation shall be available to the collector or to an assignee to collect the balance due and the use of the provisions of the Uniform Commercial Code by the collector or an assignee shall not interfere with the ability of the collector or an assignee to use other remedies, including the further accrual of interest on the tax receivable, as provided in chapter fifty-nine, this chapter or any other applicable provision of law to collect the balance due.
All terms used in this section shall be defined by reference to those terms as they are used under the Uniform Commercial Code unless specific reference is made in this section to another provision of law.
            SECTION ___. Section 95 of Chapter 60 is hereby amended by inserting at the end of the first sentence the words:-- “; and upon the filing of a financing statement in accordance with the provisions of Section 37C and the provisions of the Uniform Commercial Code, with the amount of uncollected personal property taxes represented by the financing statement.”
            The amendment was rejected.
Mr. Marzilli, Mr. Tarr, Mr. O'Leary, Mr. Baddour, Mr. Galluccio, Ms. Jehlen, Ms. Spilka, and Mr. Hedlund moved that the bill be amended, in section 2, by inserting after item 7061-0012 the following item:
            “7061-0013 For aid to cities and towns for which the total amount in section three of this act for any city or town is less than the total amount in section three of Chapter 177 of the Acts of 2001 for Chapter 70 school aid, Additional Assistance and Lottery distributions for such city or town; provided, that such total aid to any individual city or town shall not exceed $500,000 …… $5,717,182”.
            The amendment was rejected.
            Ms. Walsh moved that the bill be amended, in section 2, in item 7000-9401, by striking out the figure “$1.10” and inserting in place thereof the figure “$1.15”; and by striking out the figure “$17,166,071” and inserting in place thereof the figure “$17,666,071.”
            The amendment was rejected.
            Mr. Tarr moved that the bill be amended, in section 2, in item 7061-0008, by adding at the end thereof the following: “provided further, that no city, town, or regional school district shall receive less in Chapter 70 funding than it did in Fiscal Year 2002 or Fiscal Year 2003, whichever is greater”; and further, by striking out the figure “3,948,824,061” and inserting in place thereof the figure “3,968,783,426”; in section 2, in item 7010-0005, by striking the figure “$16,580,047” and inserting in place thereof the figures “$14,293,430”; in section 2, in item 7061-9412, by striking the figure “$17,500,000” and inserting in place thereof the figure “$13,000,000”; in section 2, in item 7066-0000, by striking the words “provided further, that not less than $2,000,000 shall be expended for the department to make payments to public higher education institutions for the dual enrollment program allowing qualified high school students to take college courses”; and further, by striking the figure “$6,512,898” and inserting in place thereof the figure “$4,512,898”; and by striking item 0640-0010.
            The amendment was rejected.
Mr. Creedon moved that the bill be amended by inserting after Section 90, the following new section:
            “SECTION___. Notwithstanding any general or special law or rule or regulation to the contrary, no duly sworn officer of a municipal police department, the state police or any state agency, department or institution shall be prohibited from carrying a firearm issued by an issuing authority while on official business in any court house or court room of the Commonwealth of Massachusetts.”
The amendment was rejected.
Mr. Joyce and Ms. Fargo moved that the bill be amended, in section 2, in item 0611-5510, by striking out the figure “$28,300,000” and inserting in place thereof the following figure:- “$30,300,000”.
            The amendment was rejected.

Ms. Menard in the Chair, there being no objection, during consideration of the Orders of the Day, the House Bill financing the production and preservation of housing for low and moderate income residents (House, No. 4594),-- came from the House with the endorsement that the House had concurred in the Senate amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2591, with a further amendment striking out all after the enacting clause and inserting in place thereof the text of House document numbered 4772.
The rules were suspended, on motion of Mr. O'Leary, and the House amendment was considered forthwith and adopted, in concurrence.

            The Orders of the Day were further considered as follows:-
            The House Bill making appropriations for the fiscal year 2009 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (House, No. 4701),-- was further considered, the main question being on ordering it to a third reading.
            Mr. Pacheco moved that the bill be amended, in section 2, in item 0330-3200, by inserting after the word “officers” the following:- “, per diem court officers,”.
            The amendment was adopted.
            Messrs. Tolman, Hart, and Petruccelli, Ms. Walsh and Mr. Galluccio moved that the bill be amended, in section 2, in item 0340‑0100, by inserting after “intention to make that transfer” the following:- “provided further that not more than $100,000 shall be expended for additional support of the Gun Prosecution Task Force, otherwise known as the Gun Court; and provided that not more than $150,000 shall be expended for support of a second Grand Jury for Suffolk County to investigate unsolved homicides, otherwise known as the Special Grand Jury; and provided that not more than $230,000 shall be expended for the cost of rent increases and property tax pass through increases at One Bulfinch Place”.
            The amendment was rejected.
            Mr. Buoniconti moved that the bill be amended in section 2, in item 0330-0410, by striking out the figure “$42,737” and inserting in place thereof the figure “$60,000”.
            The amendment was rejected.
            Mr. Tolman moved that the bill be amended, in section 2, in item 0321-0001, by striking out the figure “$566,753” and inserting in place thereof the following figure:- “574,398”.
            The amendment was adopted.
            Mr. Morrissey moved that the bill be amended in section 2, in item 0333-0002, by inserting after item 0333-0002, the following item:
            “0333-0003     For the purpose of hiring deputy assistant registers in the various counties throughout the Commonwealth, as provided by statute, by the Registers of Probate with the approval of the Chief Justice of the Probate and FamilyCourtDepartment ....$75,000”.
            The amendment was rejected.
            Mr. Downing moved that the bill be amended in section 2, in item 0340-2100, by striking out the figure “$1,786,550” and inserting in place thereof the following figure:- “$2,014,832”.
            The amendment was rejected.
            Mr. Petruccelli moved that the bill be amended by inserting after section 90, the following new sections: -
            “SECTION 91. Section 93 of said chapter 221 of the General Laws, as so appearing, is hereby amended by striking out the figure “78.27” and inserting in place thereof the following figure:- 82.50.”
            “SECTION 92. Section 94 of said chapter 221 of the General Laws, as so appearing, is hereby amended by striking out, in line 16, the figure “78.27” and inserting in place thereof the following figure:- 82.50.”
            The amendment was adopted.
            Mr. Downing moved that the bill be amended in section 2, in item 0340-8908, by striking out the figure “$1,344,244” and inserting in place thereof the following figure:- “$1,362,600”.
            The amendment was adopted.
            Messrs. Creedon, Marzilli and McGee, Ms. Candaras and Ms. Creem moved that the bill be amended, in section 2, in item 0321-2000 by striking the figures “ 789,550” and inserting in place thereof the following new figures:- “813,797”.
            The amendment was adopted.
            Mr. Creedon moved that the bill be amended in section 2, in item 0341-2205 by striking out the figure “$2,129,671” and inserting in place thereof the figure:- “$2,229,671”.
            After remarks, the amendment was adopted.
            Mr. Tisei moved that the bill be amended, in section 2, in item 0320-0003, by striking out the figure “8,294,996” and inserting in place thereof the following figure:- “7,941,973”.
            After remarks, the amendment was rejected.
            Mr. Creedon moved that the bill be amended by inserting the following section:—
            “SECTION __. Section 11 of chapter 211D of the General Laws is hereby amended by striking out the second paragraph”.
            The amendment was rejected.
            Ms. Menard moves that the bill be amended in section 2, in item 0340 -0900, in line 17, by striking out the wording “purpose of establishing a pilot” inserting in place thereof the following:- Katie Brown domestic violence prevention.
            The amendment was adopted.
            Ms. Wilkerson moved that the bill be amended, in section 2, in item 1410-0012, by inserting in line 3 after the words “agent orange” the following: “provided further, no less than $228,771 shall be expended for the Veterans Benefits Clearing House in the Roxbury section of Boston.”
The amendment was rejected.
            Ms. Wilkerson moved that the bill be amended, in section 2, in item 1410-0250, by inserting in line 2 after the words “city of New Bedford” the following: “provided further that, no less than $73,350 shall be expended under contract for the Veterans Benefits Clearing House in the Roxbury section of Boston”.
The amendment was rejected.
            Ms. Wilkerson moved that the bill be amended, in section 2, in item 1750-0100 in line 13 by inserting after the words “training and assistance” the following: “provided further, that not less than 620,750 shall be provided to the office of diversity and equal opportunity within the human resources division to increase the recruitment and retention of minority managers within the executive branch.” and striking at the end thereof the amount “$4,125,345” and inserting in place thereof “$4,872,095”.
The amendment was rejected.
            Ms. Wilkerson moved that the bill be amended, in section 2, in item 0940-0100, by striking the figure “$2,332,903” and inserting in place thereof the following “$2,794,794”.
The amendment was rejected.
            Messrs. Knapik and Buoniconti and Ms. Candaras moved that the bill be amended, in section 2, in item 0540-1200, by striking out the figure “$2,173,462” and inserting in place thereof the following figure:- “$2,276,605”.
The amendment was rejected.
            Mr. Hedlund moved that the bill be amended, in section 2, by inserting after item 1599-3384 the following item:-
            “1599-3837 For the payment to the water pollution abatement trust to fund financial assistance to the towns of Hingham, Hull and North Cohasset to meet debt service obligations incurred by the municipalities after January 1, 1992, to finance the costs of water treatment projects or portions thereof which have been approved by the department of environmental protection, or otherwise authorized by law, and which have been completed, as determined by the department, on or before the promulgation date of the department's regulations related to the implementation of the federal Safe Drinking Water Act……………………….$1,259,068”.
The amendment was rejected.
            Mr. Tolman moved that the bill be amended, in section 2, in item 7002-0201, by striking out the figure “$152,850” and inserting in place thereof the following figure:- “$252,850”, and by inserting after the word “Laws” the following wording:- “and civil fines issued under sections 197B of chapter 111, 46R of chapter 140, and 6F½ of chapter 149 of the General Laws”.
The amendment was rejected.
            Mr. Tolman moved that the bill be amended, in section 2, in item 0910-0200, by striking out the figure “$2,721,715” and inserting in place thereof the following figure:-“2,821,715”.
The amendment was rejected.
            Mr. Tolman moved that the bill be amended, in section 2, by inserting after item 0640-0000 the following item:-“ 0640-0001 For the operation of the state lottery commission; provided, that the commission may seek revenue from corporate advertising for non-lottery products on all lottery products; provided further, that payments from corporate advertising shall be deposited into the General Fund; and provided further, that expenditure in this item is limited to an amount not to exceed revenues collected from corporate advertising payments or the amount appropriated herein, whichever is less………………. $3,653,019”.
The amendment was rejected.
            Mr. Tolman moved that the bill be amended in section 2, in item 0640-0005, by striking out the words “the monitoring of games” and replacing it with the following words:- “monitor games”.
            The amendment was adopted.
            Mr. Tolman moved that the bill be amended, in section 2, in item 7003-0702, by inserting after the words “in the city of Gardner ” the following:-“ “provided further that not less than $75,000 shall be expended for the Partnership for Automotive Career Education program to recruit, train, and provide career guidance to students for entry-level automotive technician jobs”.
            The amendment was rejected.
            Messrs. Tolman, Augustus, Marzilli, Petruccelli, McGee, Ms. Spilka, Ms. Menard and Ms. Resor moved that the bill be amended in section 2, in item 7000-9406, by striking “For the Braille and talking book library at Watertown, including the operation of the machine lending agency; provided, that not less than $50,000 shall be expended for the National Federation of the Blind Newsline Programs $2,203,997” and inserting in place thereof the following:- “For the Braille and talking book library at Watertown, including the operation of the machine lending agency; provided, that not less than $100,000 shall be expended for the National Federation of the Blind Newsline Program……….$2,341,359”.
            The amendment was adopted.
            Mr. Creedon moved that the bill be amended in section 43, in line 14, after the word “charged.”, by inserting the following new sentence:- “This section shall not apply to manufacturers and unclassified acquirers to the extent that said manufacturer and unclassified acquirer distributes such product through a licensed wholesaler or unclassified acquirer”.
            After remarks, the amendment was adopted.
            Messrs. Tolman, Galluccio and Marzilli moved that the bill be amended, in section 2, in item 7003-0702, by striking out the words “provided further, that not less than $400,000 shall be expended to provide employment, training and job placement by Year Up, Inc. of Cambridge;” and inserting in place thereof the following:- “provided further, that not less than $600,000 shall be expended to provide employment, training and job placement by Year Up, Inc. of Boston;”.
            The amendment was rejected.
            Mr. Baddour moved that the bill be amended, in section 2, in item 1410-0010, by inserting after the words “Charlestown navy yard;” the following:- “provided further, that not less than $50,000 shall be expended for the Merrimac Veterans Housing First Program.”.
            The amendment was rejected.
            Ms. Tucker and Mr. Creedon moved that the bill be amended by inserting, after Section 90, the following new Section: -
“SECTION 91. 1.       Chapter 266 is amended by inserting after Section 35 the following new section:
SECTION 35A. Residential Mortgage Fraud
Any person who intentionally:
     (1) Makes or causes to be made any material statement that is false or any statement that contains a material omission, knowing the same to be false or to contain a material omission, during or in connection with the mortgage lending process, with the intention that said statement be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process;
     (2) Uses or facilitates the use of any material statement that is false or any statement that contains a material omission, knowing the same to be false or to contain a material omission, during or in connection with the mortgage lending process, with the intention that said statement be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process;
     (3) Receives any proceeds or any other funds in connection with a residential mortgage closing knowing said proceeds or funds to have resulted from a violation of paragraph (1) or (2) of this section;
      (4) Files or causes to be filed with the official registrar of deeds of any county of this commonwealth any document that contains a material statement that is false or a material omission, knowing such document to contain a material statement that is false or a material omission;
shall be punished by imprisonment in the state prison for not more than five years or by imprisonment in the house of correction for not more than two and one-half years or by a fine of not more than $10,000 in the case of a natural person or not more than $100,000 in the case of any other person, or by both such fine and imprisonment.   [Any person who engages in a pattern of residential mortgage fraud shall be punished by imprisonment in the state prison for not more than fifteen years or by a fine of not more than $50,000 in the case of a natural person or not more than $500,000 in the case of any other person, or by both such fine and imprisonment.]
As used in this section:
(a) ‘Funds’ shall include but not be limited to a commission, fee, yield spread premium, or compensation in any form.
(b) ‘Material omission’ means the omission or concealment of a material fact necessary in order to make the statement made, in the light of the circumstances under which it is made, not misleading.
(c) ‘Mortgage lending process’ means the process through which a person seeks or obtains a residential mortgage loan including, but not limited to, solicitation, application, or origination, negotiation of terms, third-party provider services, underwriting, signing and closing, and funding of the loan. Documents involved in the mortgage lending process include, but are not limited to, uniform residential loan applications or other loan applications; appraisal reports; HUD-1 settlement statements; supporting personal documentation for loan applications such as W-2 forms, verifications of income and employment, bank statements, tax returns, and payroll stubs; and any required disclosures;
(d) ‘Pattern of residential mortgage fraud’ means the violation of paragraph (1), (2), (3), or (4) of this section in connection with three or more residential properties;
   (e) ‘Person’ means a natural person, corporation, company, limited liability company, partnership, real estate trust, association, or any other entity;
(f) ‘Residential mortgage loan’ means a loan or agreement to extend credit made to a person, which loan is secured by a mortgage, security interest, deed to secure debt, deed of trust, or other document representing a security interest or lien upon any interest in a one-to-four family residential property located in Massachusetts, including the renewal or refinancing of any such loan.
Any violation of this section may be prosecuted and punished in the county in which the residential property for which a mortgage loan is being sought is located, or in any county in which any act was performed in furtherance of the violation, or in any county in which any person alleged to have violated this section had control or possession of any proceeds of or other funds received as a result of the violation, or in any county in which a closing on the mortgage loan occurred, or in any county in which a document containing a deliberate misstatement, misrepresentation, or omission is filed with the official registrar of deeds.
It is an affirmative defense to a prosecution of a defendant for a violation of this section committed by an employee or agent of the defendant if the defendant demonstrates all of the following by a preponderance of the evidence:
(a) The defendant had in force at the time of the violation and continues to have in force a written policy that includes at least all of the following:
(i) A prohibition against conduct that violates this section by employees and agents of the defendant
(ii) Penalties or discipline for violation of the policy
(iii) A process for educating employees and agents concerning the policy and consequences of a violation
(iv) A requirement for a criminal history check before employing an employee or engaging an agent and a requirement that the defendant will not employ or engage an individual whose criminal history check reveals a previous conviction of a crime involving fraud.
(b) The defendant demonstrates that it enforces the written policy described in subdivision (a).
(c) Before the violation of this section the defendant communicated the written policy described in subdivision (a) and the consequences for violating the policy to the employee or agent who committed the violation.

It is a rebuttable presumption that a borrower in the residential mortgage lending process did not make a false material statement or a material omission. Two or more single incidents or occurrences of fraud in the mortgage lending process are sufficient to overcome this rebuttable presumption.

2.            Section 33 of Chapter 266 is amended by:
a.         Striking the words “obtains credit from” and inserting in their place the words “obtains credit for himself or for any other person from”; and
b.         Inserting after the words ‘banking institution’ the words ‘or any mortgage lender as defined in Section 1 of Chapter 255E’; and
c.         Inserting the following phrase after the word ‘larceny’: ‘, and, if the value of the benefit described in clause (1) or dollar amount of credit obtained exceeds two hundred and fifty dollars, shall be punished as if he had stolen property of a value exceeding two hundred and fifty dollars as provided in Section 30(1)’
so that the statute as amended reads as follows:
Chapter 266, Section 33. Larceny; false pretences relating to contracts, banking transactions or credit

(1) Whoever, with intent to defraud, obtains by a false pretence the making, acceptance or endorsement of a bill of exchange or promissory note, the release or substitution of collateral or other security, an extension of time for the payment of an obligation, or the release or alteration of the obligation of a written contract, or (2) whoever, with intent to defraud, by a false statement in writing respecting the financial condition, or means or ability to pay, of himself or of any other person, obtains for himself or for any other person credit from any bank or trust company or any banking institution or any mortgage lender as defined in Section 1 of Chapter 255E or any retail seller of goods or services accustomed to give credit in any form whatsoever shall be guilty of larceny , and, if the value of the benefit described in clause (1) or dollar amount of credit obtained exceeds two hundred and fifty dollars, shall be punished as if he had stolen property of a value exceeding two hundred and fifty dollars as provided in Section 30(1).
3.            Section 34 of Chapter 266 is amended by:
a.         Striking out the words ‘the preceding section’ and inserting in their place the words ‘Section 33’; and
b.         Inserting the following phrase after the word ‘larceny’: ‘, and, if the dollar amount of the credit or value of the benefit parted with exceeds two hundred and fifty dollars, shall be punished as if he had stolen property of a value exceeding two hundred and fifty dollars as provided in Section 30(1)’
so that the statute as amended reads as follows:
Chapter 266: Section 34. Larceny; inducement to part with property
Whoever, with intent to defraud and by a false pretence, induces another to part with property of any kind or with any of the benefits described in section 33 shall be guilty of larceny, and, if the dollar amount of the credit or value of the benefit parted with exceeds two hundred and fifty dollars, shall be punished as if he had stolen property of a value exceeding two hundred and fifty dollars as provided in Section 30(1)”.
            The amendment was adopted.
            Mr. Knapik moved that the bill be amended by inserting after Section 90, the following new section:-
            “SECTION 91. Employees of the Massachusetts State Lottery shall not use, and shall not issue any tickets to sporting or entertainment events on any basis to retailers under the Massachusetts State Lottery Retailers Incentive Program and the Massachusetts State Lottery shall not receive as a condition of contract, nor as a benefit of any kind tickets or access to any sporting or entertainment event from any advertising contracts or licensing deals.”
            After remarks, the question on adoption of the amendment was determined by a call of the yeas and the nays at twenty-five minutes past six o'clock P.M., on motion of Mr. Brown, as follows, to wit (yeas 38 - nays 0) [Yeas and Nays No. 224]:

The yeas and nays having been completed at twenty-eight minutes before five o'clock P.M., the amendment was adopted.
There being no objection, at twenty-nine minutes past six o’clock P.M., the Chair (Ms. Menard) declared a recess subject to the call of the Chair; and, at twenty-six minutes before eight o’clock P.M., the Senate reassembled, the President in the Chair.

            The Orders of the Day were further considered as follows:-
            The House Bill making appropriations for the fiscal year 2009 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (House, No. 4701),-- was further considered, the main question being on ordering it to a third reading.
            Ms. Tucker, Messrs. Tarr and Moore moved that the bill be amended, in section 2, by adding the following item:-
            “1201-0105: For municipal management incentive grants to help communities provide cost effective and efficient delivery of local services. Grants may include, but not be limited to, consolidation of town and school departments; regionalization of local government functions, including SPED transportation; technology to upgrade and standardize financial systems; improve accounts receivable; control health insurance costs, including analysis of joining GIC………………………………$1,000,000”.
            The amendment was rejected.
            Mr. Augustus moved that the bill be amended, in section 2, in item 1120-4005, by striking out the figure “1,273,692” and inserting in place thereof the figure “1,460,000”.
            The amendment was rejected.
            Messrs. Augustus, Marzilli, Petrucelli, Pacheco, Ms. Candaras, Mr. Timilty, Ms. Spilka, and Mr. Joyce moved that the bill be amended, in section 2, in item 1599-6901, by striking the words, “equal percentage”.
            The amendment was rejected.
            Mr. Tarr moved that the bill be amended, in section 2, in item 6010-0002, in line 4 to 6, inclusive, by striking the following: “June 30, 2010, the department shall develop a plan that phases into the budgetary appropriation all personnel costs transferred to capital authorizations since June 30, 2002” and inserting in place thereof the following:- “June 30, 2012, the department shall develop a plan that phases into the budgetary appropriation all personnel costs transferred to capital authorizations since June 30, 2002; provided further, the department shall complete an overview of the employment levels paid by capital authorizations since June 30, 2002, and the anticipated number of employees scheduled to be transferred to budgetary appropriations each fiscal year through June 30, 2012; provided further, such plan shall be submitted to the house and senate committees on ways and means and the clerks of the house and senate by December 31, 2008”
            The amendment was adopted.
Mr. Marzilli and Ms. Jehlen moved that the bill be amended by inserting after Section 89, the following new Section:-
“SECTION XX. Subdivision (8) of section 22 of Chapter 32 of the General Laws as appearing in the 2004 Official Edition is hereby amended in subsection (c) by striking out in lines 1088- 1095 “The decision to participate shall be made by the board of each system, subject to the approval of the legislative body and the chief executive officer of each governmental unit. The decision of the board shall be deemed to have been approved unless the legislative body and the chief executive officer act to disapprove such decision by July first of the year in which the decision of such board is made. The board of each system shall notify the PRIM board and the appropriate legislative body and chief executive officer by May first of each year of its decision” and inserting in place thereof the following:- “The decision to participate shall be made by the legislative body of each governmental unit. The legislative body shall notify the PRIM board, and the retirement board of said system by May first of each year of its decision.”
            Subdivision (8) of section 22 of Chapter 32 of the General Laws is hereby further amended in subsection (c) by striking out in line 1106 the words “board of a system” and inserting in place thereof “legislative body”.
            The amendment was rejected.
            Messrs. Tarr and Baddour moved that the bill be amended, in section 2, in item 1410-0012, by inserting at the end the following:- “provided further, that not less than $20,000 shall be expended for the purposes of the GOAL foundation to provide state certified basic firearms safety courses to the public at no charge, with preference given to veterans”.
            The amendment was rejected.
            Messrs. Augustus and McGee moved that the bill be amended, in section 2, in item1410-0012, by inserting, after the words, “Korean War memorial located in the Charlestown navy yard;” the following:- “provided further that not less than $200,000 shall be expended for outreach and counseling to newly returned Massachusetts veterans in support of Operations Iraqi Freedom and Enduring Freedom”.
            The amendment was adopted.
            Messrs. Augustus and McGee moved that the bill be amended, in section 2, in item 1410-0015, by striking out the figure, “$42,282” and inserting in place thereof the figure, “$50,000”.
            The amendment was adopted.
            Ms. Chandler moved that the bill be amended, in section 2, in item 0611-5510, by adding at the end thereof the following: “provided further that the Department of Revenue shall conduct a study to determine the cost analysis for providing payment in lieu of taxes to any county or former county correctional facility whose operating expenses paid by the Commonwealth exceeds 50 percent; provided further, that said study shall be completed by October 1, 2008 and submitted to the House and Senate Committee on Ways and Means; provided further, that said payment in lieu if taxes shall not take effect until legislation has been filed and enacted pursuant to Part 2, Chapter 1, Sec. 1, Article II of the Constitution.”
            The amendment was rejected.
            Ms. Chandler moved that the bill be amended, in section 2, in item 1750-0100, by adding at the end thereof the following: “provided further, that 1,300,000 shall be expended for a job analysis study of positions of state employees of the executive branch, to be conducted by the human resources division; provided, that the study shall update the current job classification system, including but not limited to class titles, job specifications, organizational relationships, and job qualifications; shall seek to ensure that the job classification system is free of gender and racial discrimination; and shall review the effect of the job classification system on employee pension and benefits, and on the recruitment and retention of employees of the Commonwealth; and is said item by striking out the figure “$4,125,345” and inserting in place thereof the following figure:- “$5,425,345”.
            The amendment was rejected.
            Mr. Augustus, Mr. Moore, and Ms. Chandler moved that the bill be amended, in section 2, in item 1410-0012, by inserting, after the words, “Veterans Association of Massachusetts, Inc., in the city of Springfield;” the following:- “provided further that $150,000 shall be expended for the Worcester Veterans Outreach Center;”.
            The amendment was adopted.
            Ms. Chandler moved that the bill be amended, in section 2, in item 0611-5510, by striking out the figure “$28,300,000” and inserting in place thereof the following figure:- “30,300,000”.
            The amendment was rejected.
            Mr. Morrissey moved that the bill be amended, in section 2, in item 0511-0270, by striking out the figure “ $600,000” and inserting in place thereof the following figure:- “$800,000”.
            The amendment was adopted.
            Mr. Morrissey moved that the bill be amended, in section 2, in item 0511-0270, by striking out the following words, “For the state secretary to”, and inserting in place thereof the following words:- “The Secretary of State may”.
            The amendment was adopted.
            Mr. Morrissey moved that the bill be amended, in section 2, in item 0524-0000, by striking out the figure “$1,782,807” and inserting in place thereof the following figure:- “$1,952,074”.
            The amendment was rejected.
            Messrs. Marzilli, Augustus, Downing, and Joyce moved that the bill be amended, in section 2, in item 0640-0300, by striking out the figure “$12,351,697” and inserting in place thereof the following figure:- “$12,883,827”.
            The amendment was rejected.
            Mr. Marzilli moved that the bill be amended, in section 2, in item 0610-0000, by inserting at the end thereof the following:- “and provided further, that not less than $161,913 shall be expended for the full reimbursement to the towns of the Fourth Middlesex Senate District for expenses incurred in special elections in 2007 for filling the vacated Senate seat”.
            The amendment was rejected.
            Ms. Resor moved that the bill be amended, in section 2, by striking out item 0511-0200 and inserting in place thereof the following item:- “0511-0200 For the operation of the state archives division, provided further that $400,000 be expended to provide staff support to establish a program of grants to cities and towns to aid in retention and preservation of vital municipal records…………$950,353”.
            The amendment was rejected.
            Ms. Resor moved that the bill be amended, in section 2, in item 0521-0000 by inserting after the words “polling hours from this item to each city or town” the following:- “provided further, that the secretary shall investigate issues relative to preservation and storage of vital municipal records in cities and towns in the commonwealth, and shall report to the legislature by June 30, 2009 recommending how to fund and staff a grant program to cities and towns to facilitate preservation of such records”.
            The amendment was adopted.
            Mr. Montigny moved that the bill be amended, in section 2, by inserting after item 1599-0025 the following item:-
            “1599-0026     For the facilities maintenance review and the special commission to investigate and study the maintenance of state facilities under section 84A ………………………………………………………......$200,000”; and by inserting after section 84 the following section:-
            “SECTION 84A. (a) There shall be a special commission to investigate and study the maintenance of state facilities.
            (b) The commission shall consist of the secretary of administration and finance, or her designee, who shall chair the commission; the commissioner of capital asset management and maintenance, or his designee; the chairs of the house and senate committees on ways and means, or their designees; the house and senate chairs of the joint committee on bonding, capital expenditures and state assets, or their designees; the minority leaders of the senate and house of representatives, or their designees; a representative of the International Facility Management Association; and 3 other persons appointed by the governor. The division of capital asset management and maintenance shall provide staff assistance to the commission and shall conduct a facilities maintenance review to assist in the commission's study.
            (c) The commission shall study opportunities to improve maintenance of state facilities, including, but not limited to, more efficiently allocating resources and responsibility for facility maintenance, implementing best practices in assessing and addressing facility maintenance needs, and more effectively funding facility maintenance needs.
            (d) The commission shall report its findings and recommendations, including any proposed legislation, to the clerks of the senate and house of representatives on or before March 31, 2009”.
            The amendment was rejected.
            Mr. Brown moved that the bill be amended, in section 2, in item 1410-0010, by inserting the following:- “provided further, that not less than $10,000 be directed to the Registry of Motor Vehicles in order to design and make available a decal for veteran’s license plates in the Commonwealth commemorating the veterans who served in Operation Enduring Freedom and a decal commemorating the veterans who served in Operation Iraqi Freedom. The Registry of Motor Vehicles shall consult the Adjutant General of the Massachusetts National Guard, or his designee, and the Secretary of Veteran’s Services, or his designee before the final approval of a design.”
            After remarks, the question on adoption of the amendment was determined by a call of the yeas and the nays at nineteen minutes before eight o'clock P.M., on motion of Mr. Brown, as follows, to wit (yeas 37 - nays 0) [Yeas and Nays No. 225]:

            The yeas and nays having been completed at twelve minutes before eight o'clock P.M., the amendment was adopted.
            Ms. Jehlen and Messrs. Creem, McGee, Creedon, Spilka moved that the bill be amended, in section 2, in item 0321-2100, by striking out the figure “$820,000” and inserting in place thereof the following figure:— “985,824”.
            After remarks, the amendment was adopted.
            Mr. Hart moved that the bill be amended, in section 2, in item 1790-0100, by striking out the figure “$4,866,479” and inserting in place thereof the following figure “$6,188,541”.
            The amendment was rejected.
            Mr. Brown moved that the bill be amended, in section 2, in item 1201-0100, by inserting after “within a 12 month period.” the following:- “Provided further, that the department shall conduct a pilot public awareness and education outreach campaign about state and local tax credits, deductions, deferrals and exemptions and other tax information available to persons age sixty five and over, including, but not limited to, section 6 of Chapter 62 and section 5 of Chapter 59 of the General Laws. The department shall work in conjunction with the executive office of elder affairs in disseminating information and conducting the campaign. The department shall conduct the campaign from July 1, 2008 to April 15, 2009 and shall report their efforts to the house and senate committee on ways and means and the joint committee on elder affairs no later than May 15, 2009. The department shall also file an interim report to the house and senate committee on ways and means and the joint committee on elder affairs on January 1, 2009.”
            The amendment was adopted.
            Mr. Hart moved that the bill be amended, in section 2, in item 1790-0200, by adding the following words: - “; and provided further, that any unspent balance at the close of fiscal year 2009 in an amount not to exceed 5 per cent of the amount authorized shall remain in the Intergovernmental Service Fund and may be expended for that item in fiscal year 2010”.
            After remarks, the amendment was adopted.
            Mr. Petruccelli moved that the bill be amended, in section 2, in item 7003-0702, by adding the following: “; and provided further that not less than $350,000 shall be expended to fund need-based workforce development-related continuing education grants administered by the Access Program of Boston”;
            The amendment was rejected.
            Mr. Brown moved that the bill be amended, in section 2, in item 0411-1003 by striking out the figure “$453,292” and inserting in place thereof the following figure:- “$0”.
            After debate, the question on adoption of the amendment was determined by a call of the yeas and the nays at twenty-seven minutes past eight o'clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 5 - nays 33) [Yeas and Nays No. 226]:

            The yeas and nays having been completed at a half past eight o'clock P.M., the amendment was rejected.
            Messrs. Buoniconti and Downing moved that the bill be amended after section 46 by adding the following new section:-
            “SECTION 46A. Chapter 100A of the General Laws, as so appearing, is hereby amended by adding the following section:-
            Section 11. (a) There shall be an advisory commission on auto body labor rates. The commission shall consist of 11 members including: the director of consumer affairs and business regulation, or a designee, who shall chair the commission, 1 member of the senate from the joint committee on financial services to be appointed by the president of the senate; 1 member of the senate to be appointed by the senate minority leader; 1 member of joint committee on financial services to be appointed by the speaker; 1 member of the house to be appointed by the house minority leader; 2 members from the auto insurance industry to be appointed by the Automobile Insurers Bureau; 1 representative of the Automobile Insurance Industry to be appointed by the Massachusetts Insurance Federation; 2 members from the auto repairer industry appointed by the state affiliate of the Alliance of Automotive Service Providers; and 1 member who shall be a motor vehicle dealer, as defined in section 1 of chapter 93B to be appointed by the Massachusetts State Auto Dealers Association. All members of the commission shall serve on a voluntary, unpaid basis.
            (b) The commission shall have the authority to adopt regulations by a two-thirds majority vote and may amend these regulations at anytime by a two-thirds majority vote. The commission shall collect fees to pay for staffing and administrative costs. Each licensed repair shop shall pay an annual fee of $100 in addition to any other fees imposed under this chapter. Each insurer writing auto insurance in Massachusetts shall pay an annual fee of $1000. These funds shall be received by the treasurer on behalf of the commonwealth and deposited into a separate account with the state treasurer to be expended by the commission.

            (c) The commission shall develop and implement procedures, which shall be updated at least every 3 years, to establish an average national auto repairer hourly compensation rate for all categories of labor performed by auto repairers including, but not limited to, body labor, paint labor, unibody or frame labor and mechanical labor, as well as a number to be used as a cost of labor multiplier for the commonwealth based on information provided by the Bureau of Statistics of the United States Department of Labor of indices of labor costs across all industries for the commonwealth relative to other states. The commission shall define 3 distinct levels of qualifications to classify auto repair businesses as class A, B or C and an application process for auto repair business classification under this system as well as inspection requirements to correspond to each such classification. At a minimum, any business that submits an application for classification must be inspected within 90 days of the commission’s receipt of the application, and shall be notified within 30 days of the inspection of the commission’s determination. In addition, businesses classified at level C must be paid a fair and reasonable amount for all labor hours negotiated under 212 Code of Massachusetts Regulations. Businesses classified at level B must be paid an amount not less than 90 per cent of the indexed hourly labor rate in force at the time of the completion of the job for all labor hours negotiated under 212 Code of Massachusetts Regulations. Businesses classified at level A must be paid an amount not less than 100 per cent of the indexed hourly labor rate in force at the time of the completion of the job for all labor hours negotiated under 212 Code of Massachusetts Regulations.   The commission shall also develop a formal complaint process for both auto body repair shops and auto insurers for non-compliance with this section or any regulations adopted by the commission.
            (d) The commission shall meet in public not less than 8 times per calendar year to conduct business. The commission shall also appoint teams of auto repair inspectors that shall consist of at least 1 person from the auto insurance industry, to be selected from a list of names provided by the Auto Insurers Bureau and 1 person from the auto repairer industry, to be selected from a list of names provided by the Alliance of Automotive Service Providers. The commission shall set the rate by which the individuals on inspection teams are compensated for each inspection filed, to be paid out of the commission’s fund. Such total amount for each inspection may not exceed 75 per cent of the application fee in force at the time of the inspection, and each team member shall be compensated an equal amount.
            (e) The commission shall report not later than June 1, annually, to the division of insurance and the office the attorney general its indexed labor rates. If the commission of insurance determines not to fix and establish auto insurance rates under chapter 175, the division of insurance shall also distribute the indexed labor rates to those insurers who write auto insurance in the commonwealth within 30 days of receiving the report from the commission.”
            The amendment was adopted.
            Mr. Petruccelli moved that the bill be amended, in section 2, by inserting after item 1599-0025 the following item:
            “1599-0045    For a capital projects reserve; provided that not less than $1,000,000 shall be expended to assist the YMCA of Greater Boston on capital projects approved by the board of directors of the YMCA………………………..$1,000,000”
            The amendment was rejected.
            Mr. Tarr moved that the bill be amended, in section 2, by striking item 0640-0010.
            After debate, the question on adoption of the amendment was determined by a call of the yeas and the nays at a quarter before nine o'clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 12 - nays 26) [Yeas and Nays No. 227]:

            The yeas and nays having been completed eleven minutes before nine o'clock P.M., the amendment was rejected.
            Mr. Brown moved that the bill be amended, in section 2, by striking out item 0511-0270 and inserting in place thereof the following item:-
            “0511-0270 For the state secretary to award a contract with the lowest bidder who is able to provide the commonwealth with technical assistance on United States census data and to prepare annual population estimates…………………………$600,000”.
            The amendment was rejected.
            Mr. Hedlund moved that the bill be amended, in section 2, by inserting after item 0640-0000 the following item:-
            “0640-0001   For the operation of the state lottery commission; provided, that the commission may seek revenue from corporate advertising for non-lottery products on all lottery products; provided further, that payments from corporate advertising shall be deposited into the General Fund; and provided further, that expenditure in this item is limited to an amount not to exceed revenues collected from corporate advertising payments or the amount appropriated herein, whichever is less……..$3,653,019”.
            The amendment was rejected.
            Mr. Tisei moved that the bill be amended, in section 2, in item 0411-1002, by striking the item in its entirety.
            After remarks, the question on adoption of the amendment was determined by a call of the yeas and the nays at three minutes past nine o'clock P.M., on motion of Mr. Knapik, as follows, to wit (yeas 6 - nays 32) [Yeas and Nays No. 228]:

            The yeas and nays having been completed at seven minutes past nine o'clock P.M., the amendment was rejected.
            Ms. Wilkerson moves to amend the bill by inserting after Section 90 the following section:-
            91 “SECTION 48. Chapter 118G of the General Laws is hereby amended by adding the following section:-
            Section 40. Notwithstanding any general or special law to the contrary, the division, in consultation with the Massachusetts Council of Human Service Providers and other non-profit human service providers, shall investigate and study methods to lower cost health care options for the members of the Massachusetts Council of Human Service Providers including but not limited to MassHealth. The division shall report the results of its investigation and study, annually not later than December 31, to the joint committee on health care finance.”
            The amendment was rejected.
            Mr. Tisei moved that the bill be amended by inserting after section 90 the following section:-
            “SECTION 91.   Notwithstanding any general or special law to the contrary the each executive office, department, commission or other entity of the Commonwealth statutorily required to issue a report shall, whenever feasible and practical, as determined by the commissioner of administration and finance, issue said report by posting the report on the official website of the Commonwealth and shall provide notice of such posting to every party that they are mandated to report. Such reports should be posted in a conspicuous manner and made fully available to the public. A limited supply of paper copies of said reports shall be made available and distributed upon request.
            The division of information technology, as established pursuant to section 4A of chapter 7, shall create uniform standards and guidelines for the distribution and web based availability of said reports. The division shall also provide any necessary technical assistance for the implementation of this section.”
            After remarks, the amendment was adopted.
            Mr. Tisei moved that the bill be amended, in section 2, in item 1102-3301, by striking out the figure “$6,843,449” and inserting in place thereof the following figure:- “6,641,836”.
            After debate, the amendment was rejected.
            Mr. Tisei moved that the bill be amended, in section 2, in item 0521-0001, by striking out the figure “$6,156,294” and inserting in place thereof the following figure:- “5,510,883”.
            The amendment was rejected.
            Mr. Tisei moved that the bill be amended, in section 2, in item 0511-0260, by striking out the figure “$959,755” and inserting in place thereof the following figure:- “198,071”.
            After remarks, the amendment was rejected.
            Mr. Tisei moved that the bill be amended, in section 2, in item 0411-1000, by adding the following words:- “provided, all expenditures made under this item shall be semiannually reported to the clerks of the house of representatives and the senate and the chairs of the house and senate committees on ways and means and shall be publicly posted on the official website of the commonwealth in a conspicuous manner provided, however, that the report shall include: (1) a detailed description, including title and official duties, of all positions funded through this item; (2) descriptions, including title and official duties, of all staffed positions within the executive office of the governor whether funded under this item or otherwise, including positions funded by items 0411-1003 and 0411-1005; and (3) a detailed explanation of the relationships between each of the positions described under clauses (1) and (2), which may be in the form of an organizational chart which identifies the supervising duties and authority of each position; and provided further, that the initial report shall be submitted July 31, 2008.”
            After remarks, the amendment was adopted.
            Mr. Tisei moved that the bill be amended by inserting after section 90 the following section:-
            “SECTION 91. Paragraph (h) of subsection 2A of Section 23 of Chapter 32 of the General Laws, as amended by Chapter 119 of the Acts of 1997, is hereby amended by inserting in line 363 after the word “further” the following:- “that no funds shall be directly invested, which for the purposes of this paragraph shall mean invested in holdings directly managed by the PRIM board or administered by a contracted manager in separately managed accounts, in the securities of prohibited companies, which for the purposes of this paragraph shall include any company, corporation, partnership, limited liability company or other business entity, including any wholly or majority owned subsidiary or parent company, that provides goods or services deployed to develop petroleum resources in Iran, including but not limited to acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property or other apparatus of business or commerce, except for the mere holding or renewal of rights to property not presently deployed to develop petroleum and natural gas resources in Iran, and has, with actual knowledge, on or after August 5, 1996, made an investment in Iran of twenty million dollars or more or any combination of investments of at least ten million dollars each which in the aggregate equals or exceeds twenty million dollars in any twelve month period which directly or significantly contributes to the enhancement of Iran’s ability to develop its petroleum and natural gas resources. Every ninety days, the PRIM board shall make its best efforts to identify all such prohibited companies in which the PRIT fund has direct or indirect ownership or in which the PRIT fund could have such holdings in the future and shall provide a copy of this list of companies to the clerk of the house and to the clerk of the senate. The identification of such prohibited companies shall be the responsibility of an independent, third-party research firm, as identified by the PRIM board. Within thirty days after the first such list is compiled, the PRIM board may send written notice to any such prohibited company whose securities are directly invested by the PRIT fund, with a copy to the clerk of the house and to the clerk of the senate, containing a copy of this act and stating the PRIM board’s intention to sell that company’s securities in compliance herewith unless the company replies within ninety days by written notice of the company’s intention to cease to own or operate such investments within one year and to make no further investments described herein. During such one year period, this paragraph’s prohibition on ownership shall not apply to the securities of companies that provide timely notice of such intentions. This paragraph’s prohibition on ownership shall not apply to investments held in an actively managed investment fund, which for the purposes of this paragraph shall mean an account or fund, such as a mutual fund, managed by one or more persons not employed by the PRIM board in which the PRIT fund owns shares or interests together with other investors, except that, within 120 days of the effective date hereof and quarterly thereafter, the PRIM board shall submit letters to the managers of any such actively managed investment funds which own the securities of prohibited companies requesting that the fund consider removing the securities of prohibited companies from the fund or create a similar actively managed investment fund devoid of securities of prohibited companies. If the manager creates a similar fund devoid of such securities, the PRIM board shall determine within six months of such a fund’s creation, whether to replace all applicable investments in said actively managed investment fund with investments in the newly created fund in a timely manner and consistent with prudent investing standards. A company the United States government affirmatively declares to be excluded from its present or any future federal sanctions regime relating to Iran is not subject to this paragraph’s divestment requirements or ownership prohibition. The provisions of this paragraph shall expire if and when: the President of the United States affirmatively and unambiguously states, by means including, but not limited to, enacted legislation, executive order or written certification from the President to Congress, that the government of Iran has ceased to acquire weapons of mass destruction and support international terrorism; the United States revokes all sanctions imposed against the government of Iran; or the Congress or President of the United States affirmatively and unambiguously declares, by means including, but not limited to, enacted legislation, executive order or written certification from the President to Congress, that mandatory divestment of the type provided for in this paragraph interferes with the conduct of United States foreign policy.”
            Pending the question on adoption of the amendment, Ms. Jehlen moved that amendment (Tisei) be further amended by striking out the text in its entirety and inserting in place thereof the following section:-
            “Section 1. The PRIM board, as defined in section 1 of chapter 32 of the General Laws, shall conduct a study on assets from the PRIT fund invested in companies that provides goods or services deployed to develop petroleum resources in Iran. This study shall include a list of companies that would be affected by this proposed divestment, the corresponding amount of money required to be divested, and an assessment by the board as to the feasibility of this divestment in light of the board’s statutory investment requirements, and a timeframe for actually divesting.
            The PRIM board shall file this report with the clerks of the senate and the house, and the senate and house committees on ways and means not later than March 1, 2009”.
            After remarks, the question on adoption of the further amendment was determined by a call of the yeas and the nays at twenty-seven minutes past nine o'clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 33 - nays 5) [Yeas and Nays No. 229]:

The yeas and nays having been completed at twenty-nine minutes before ten o'clock P.M., the further amendment (Jehlen) was adopted.
The pending amendment (Tisei), as amended (Jehlen) was then adopted.

Recess in Memory of Clement J. Bonanno

            The Senator from Essex, Mr. Baddour, requested that when the Senate recesses today, it recess in memory of Clement J. Bonanno of Methuen, Massachusetts.
            Clement Bonanno was born on Nov. 5, 1928 to Rocco and Amelia (Ciaraldi) Bonanno. Mr. Bonanno attended Methuen schools and graduated from Essex Agriculture School. He was a member of St. Lucy's Church.
            Mr. Bonanno was very active in local civic life and was a member of the Sons of Italy, Methuen & Lawrence Exchange Clubs, The Sargent Club, Methuen Board of Trade, Knights of Columbus Council 4027, Arlington Club, Bonanno Bocce League and the Holy Family Men's Guild.
            He retired from the Methuen Department of Public Works as a foreman after many years. He also worked as an Intermittent Police Officer.
Accordingly, as a mark of respect to the memory of Clement J. Bonanno, at twenty-seven minutes before ten o’clock P.M., on motion of Mr. Berry, the Senate recessed to meet again tomorrow at a half past eleven o’clock A.M.

Thursday, May 22, 2008.
[being the legislative session of Wednesday, May 21, 2008.]
Met at four minutes before twelve o’clock noon.

There being no objection, during the consideration of the Orders of the Day, the President handed the gavel to Mr. Joyce. Mr. Joyce then introduced his son, Michael who currently attends Roxbury Latin. Michael was congratulated for being the youngest elected official in the Commonwealth having been elected to the town meeting council in Milton. The Senate applauded his accomplishments and he withdrew from the Chamber.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:-

            Resolutions (filed by Mr. Augustus) “commemorating Lieutenant Colonel Nathaniel Mencow’s courageous service in the United States Armed Forces and his outstanding commitment to the Sullivan Middle School in the city of Worcester”;
            Resolutions (filed by Mr. Creedon) “congratulating Nancy Legan on the occasion of her retirement as principal of the Lawrence W. Pingree Primary School and for her 34 years of service to the Commonwealth as a public school educator and administrator”; and
            Resolutions (filed by Mr. Hedlund) “commending Mary Regan Quessenberry.”

            Mr. Tisei moved that the bill be amended, in section 2, in item 0640-0005, by striking out the figure “$4,175,484” and inserting in place thereof the following figure:- “1,293,311”.
            The amendment was rejected.
            Mr. Creedon moved that the bill be amended, in section 2, in item 7002-0500, by striking out the figure “20,948,121” and inserting in place thereof the figure:- $21,196,452”.
            The amendment was adopted.
            Mr. Tisei moved that the bill be amended by inserting, after Section 90, the following new section:-
            “SECTION 91. Subpart B of Section 3 of chapter 62 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended at the end thereof by adding the following paragraph:-
            (16) Any taxpayer with one or more dependents enrolled in a public school in the Commonwealth shall be allowed a credit against the tax liability imposed by this chapter equivalent to the total amount of fees paid for participation in school athletics and other student extracurricular activities authorized under section 47 of chapter 71, or $500, whichever is less.”.
            After debate, the question on adoption of the amendment was determined by a call of the yeas and the nays at twelve o'clock noon, on motion of Mr. Tisei, as follows, to wit (yeas 8 - nays 30) [Yeas and Nays No. 230]:

            The yeas and nays having been completed at five minutes past twelve o'clocknoon, the amendment was rejected.
            Mr. Creedon moved that the bill be amended, in section 2, in item 9110-1636 , by striking the figure “$16, 246,087: and inserting in place thereof the following new figure:- “19,150,000”.
            The amendment was rejected.
            Messrs. Tisei, Tarr, Knapik, Hedlund and Brown moved that the bill be amended in section 84 by inserting after the words “the total value of all surplus land held by the commonwealth,” the following:- “the annual cost of leasing private space for any state agency; the existence and availability of any state-owned space within each geographical jurisdiction that could accommodate the minimum square footage needs of the aforementioned agency; and by each agency, future savings that could be achieved by relocating any office from privately leased space to state-owned space.”
            After remarks, the amendment was adopted.
            Mr. Creedon moved that the bill be amended, in section 2, in item 1232-0100, by striking out the wording:- “provided, that in the prioritization of claims, consideration shall be given to claimants who own not more than 2 dispensing facilities” and inserting in place thereof the following wording:- “provided, that in the prioritization of claims, claims shall be processed and paid in order of which they are received; first in first out.”
            The amendment was rejected.

            Messrs. Petruccelli, Joyce, Hedlund, Tisei, Walsh, Marzilli, Tucker, Fargo, Resor, Jehlen, Galluccio, Tolman, Brown, Morrissey, Downing, McGee, Spilka, Timilty, Knapik and Tarr moved that the bill be amended, in section 2, in item 1231-1000, by striking out the figure “$10,000,000” and inserting in place thereof the following:- “$20,000,000”.
            The amendment was rejected.
            Mr. Creedon moved that the bill be amended, in section 2, in item 1232-0100, by striking out the wording:- “provided, that in the prioritization of claims, consideration shall be given to claimants who own not more than 2 dispensing facilities”.
            The amendment was rejected.
            Mr. Tisei moved that the bill be amended by inserting after section 90 the following section:-
            “SECTION 91. The department of revenue shall report not later than July 1, 2009 on any increased collections attributable to the implementation of any unitary taxation changes during fiscal year 2009, included in said report shall be a compilation of all disputes the subject of litigation or which are the subject of an audit, including the total administrative expenditures made by the department to that end.”
            After debate, the amendment was rejected.
            Mr. Tisei moved that the bill be amended, in section 2, by inserting after item 1410-0630 the following new item:-
            “1410-0011 For the funding of a statewide matching grant program to assist cities and towns with the restoration of existing veterans’ memorials; provided, that the secretary of veterans services shall administer the grant program and establish guidelines for the awarding of such grants to cities and towns; provided further, that all grants awarded under this program shall be matched by the recipient, including private funds; and provided further, that the secretary of veterans services may determine the percentage match required on an individual grant basis……………………$500,000”
            After debate, the amendment was rejected.
            Ms. Wilkerson moved that the bill be amended, in section 2, in item 0340-0100, by inserting after the words “volunteer prosecutor program;” the following:- “provided further, that not more than $100,000 shall be expended for additional support of the gun prosecution task force, also known as the gun court; provided further, that not more than $150,000 shall be expended for support of an additional grand jury for Suffolk county to investigate unsolved homicides, to be known as the special homicide grand jury.”; and by striking out the figure “16,443,097” and inserting in place thereof the following figure:- “$16,593,097”.
            The amendment was adopted.
            Mr. Pacheco moved that the bill be amended by inserting after section___, the following new section:-
            “SECTION 1. Not withstanding any general or special law to the contrary the Bristol County commissioners shall transfer a certain parcel of land in the city of Taunton, located directly behind the Bristol County Superior Courthouse further identified by the following meets and bounds :
            A CERTAIN PARCEL OF LAND WITH IMPROVEMENTS THEREON LOCATED IN TAUNTON, BRISTOL
            COUNTY, MASSACHUSETTS, SITUATED ON THE NORTHERLY SIDE OF NORTH CITY SQUARE & COURT
            STREET, KNOWN AS TAUNTON COURTHOUSE COMPLEX, BOUNDED & DESCRIBED AS FOLLOWS:
            BEGINNING AT A POINT AT THE NORTHEASTERLY PROPERTY LINE AT LAND OF NOW OR FORMERLY
            LESTER R. GIEGERICH AND MELO'S TRAVEL AGENCY, INC.; THENCE
            N24°-57'-12"W A DISTANCE OF ONE HUNDRED AND TEN HUNDREDTHS FEET (100.10')
            BY LAND OF NOW OR FORMERLY LESTER R. GIEGERICH; THENCE
            S58°-37'-48"W A DISTANCE OF ONE HUNDRED FORTY FIVE AND    FORTY FIVE HUNDREDTHS
            FEET (145.45') TO A POINT; THENCE
            N57°-20'-42"W A DISTANCE OF ONE HUNDRED FORTY FOUR AND FOURTEEN HUNDREDTHS
            FEET (144.14') TO A POINT, THE PREVIOUS TWO COURSES ARE BY LAND OF
            NOW OR FORMERLY CITY OF TAUNTON; THENCE
            S33°-02'-30"W A DISTANCE OF TWENTY ONE AND EIGHTY HUNDREDTHS FEET (21.80')
            BY LAND OF NOW OR FORMERLY HERALD MENDOZA & RICHARD ARRUDA TO A
            POINT; THENCE
            S57°-20'-42"E A DISTANCE OF ONE HUNDRED THIRTEEN AND FIFTY FIVE HUNDREDTHS
            FEET (113.55') TO A POINT; THENCE
            S23°-39'-26"E A DISTANCE OF TWENTY SIX AND THIRTY SEVEN HUNDREDTHS
            FEET (26.37') TO A POINT; THENCE
            N66°-20'-34"E A DISTANCE OF ONE HUNDRED SEVEN AND SIX HUNDREDTHS FEET
            (107.06') TO A POINT; THENCE
S23°-56'-01"E A DISTANCE OF FORTY TWO AND SEVENTY SIX HUNDREDTHS FEET (42.76')
            TO A POINT; THENCE
N66°-40'-11"E A DISTANCE OF FIFTY ONE AND FORTY NINE HUNDREDTHS FEET (51.49')
            TO A POINT; THENCE
            S23°-35'-21"E A DISTANCE OF TWENTY THREE AND SEVENTY FOUR HUNDREDTHS
            FEET (23.74') TO A POINT; THENCE
N68°-33'-48"E A DISTANCE OF TWENTY TWO AND EIGHTY SEVEN HUNDREDTHS FEET
            (22.87') TO THE POINT OF BEGINNING. THE PREVIOUS SEVEN COURSES ARE
            BY LAND OF NOW OR FORMERLY COUNTY OF BRISTOL.
            THE ABOVE DESCRIBED PARCEL CONTAINS 10,471 S.F. & IS MORE PARTICULARLY SHOWN ON A
            PLAN TITLED “SUBDIVISION PLAN OF LAND, ACQUISITION PLAN”, DATED REVISION 1/25/2008
            PREPARED BY HOLMBERG & HOWE, INC.
            to the Division of Capital Asset Management to be used for the express purpose of constructing the new Taunton District, Probate and Family Court. This land transfer is deemd to be an immediate need and in the best public interest.
            SECTION 2.   In consideration for this land, the Division of Capital Asset Management shall reserve 25 parking spaces for Bristol County commissioners at the Divisions’ Court Street parking lot in the City of Taunton, currently under lease with the city of Taunton; at a fee equal to the fee charged to District court employees for reserved parking spots in the same lot.”
            The amendment was adopted.
            Mr. Tarr moved that the bill be amended, in section 2, in item 1599-1971, by adding after the word “efforts” the following words:- “provided further, that such account shall include any measures to reduce the cost of salt and/or other materials used for snow and ice control”.
            The amendment was rejected.
            Mr. Tarr moved that the bill be amended, in section 2, in item 1599-1971, in subsection (b), by adding after the word “not” the following words:- “together with a detailed description of any efforts being undertaken to address that non-compliance”.
            The amendment was rejected.
            Ms. Chandler moves that the bill be amended by striking out section 21 and inserting in place thereof the following:-
            “SECTION 21. Section 2 of chapter 62B, as appearing in the 2006 Official Edition, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following:-
            The commissioner may, if he deems such action necessary for the protection of the revenue of the commonwealth, require persons other than employers: (1) to deduct and withhold taxes from payments made by such persons (or in the case of S corporations or entities treated as partnerships, from the distributive shares of income of such persons attributable to their shareholders or members) to residents, nonresidents and part-year residents of the commonwealth; (2) to file withholding returns as prescribed by the commissioner; and (3) to pay over to the commissioner, or to a depositary designated by the commissioner, the taxes so required to be deducted and withheld; provided, however, that nothing in this paragraph shall authorize the commissioner to require any corporation, foundation, organization or institution that is exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code, as amended and in effect for the taxable year, to withhold taxes from persons who are not employees, except where the payments made by the exempt person for a particular performance or other event exceed $10,000.   Any person other than an employer required to withhold and deduct taxes under this paragraph shall be treated as an employer for purposes of sections 5 through 12 of this chapter”.
            The amendment was adopted.
            Ms. Chandler moved that the bill be amended by striking out section 37.
            The amendment was adopted.
            Mr. Pacheco moved that the bill be amended by inserting after Section___, the following new Section:-
            “SECTION 1. The commissioner of capital asset management and maintenance shall, for 1consideration of $1, convey by deed approved as to form by the attorney general, a certain parcel of land currently used as a parking lot on Court street in the city of Taunton to the city of Taunton.
            SECTION 2. The city of Taunton shall be responsible for any costs for 4 appraisals, surveys and other expenses relating to the transfer of the parcel, and for any costs and liabilities and expenses of any nature and kind for the maintenance or operation of the parking lot. In the event the parcel of land ceases to be used at any time for the purposes contained herein, the parcel shall revert to the care and control of the division of capital asset management and maintenance and any further disposition of the parcel shall be subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws.
            SECTION 3. The sale price paid under section 2 shall be deposited in the General Fund of the commonwealth.”
            SECTION 4. The commonwealth for any preexisting environmental violations shall hold the city of Taunton harmless.
            SECTION 5. . The city of Taunton must provide a total of 25 clearly-marked parking spaces for the exclusive use of the Bristol county commissioners at a fee to be determined by the city and the commissioners, and at least 80 clearly-marked parking spaces for the exclusive use of the administrative office of the trial court for a fee to be determined by the city and the trial court.”
            The amendment was adopted.
            Mr. Tisei moved that the bill be amended, in section 2, in item 1100-1100, by adding at the end thereof the following:- “; provided further, the secretary, pursuant to section 82 of chapter 61 of the acts of 2007, shall identify a dedicated funding stream to fund the full liability of cost related to fringe benefits costs under section 5D and 6B of the General Laws and shall create a schedule for the reduction of said unfunded liability; provided further, that the secretary shall submit legislative recommendations for the implementation of said schedule to the house and senate clerks and the house and senate committees on ways and means by March 15, 2009”.
            The amendment was rejected.
            Mr. Hart moved that the bill be amended, in section 2, in item 8910-0000, by inserting “provided, that funds appropriated in this item shall be distributed among the sheriffs departments of Barnstable, Bristol, Dukes, Nantucket, Norfolk, Plymouth and Suffolk counties by the county government finance review board upon prior notification to the house and senate committees on ways and means” and by striking the figure “$195,179,966” and inserting in place thereof the figure “214,697,933”.
            The amendment was rejected.
            Mr. Pacheco moved that the bill be amended by inserting after Section __, the following new Section:-
            “SECTION __. Subsection (b) of section 1 of chapter 30B of the General Laws, as so appearing in the 2006 Official Edition, is hereby amended by inserting after section 34 the following new section:- ‘Section (35) a contract for the operation, maintenance, inspection, improvement, repair or replacement of a water tank, tower, standpipe or any facility or structure for a water tank for public water supply or fire protection. Notwithstanding the provisions of any general or special law to the contrary, a governmental body may enter into a contract for the operation, maintenance, inspection, improvement, repair or replacement of a water tank, tower, standpipe or any facility or structure for a water tank for public water supply or fire protection without said contract being subject to the competitive bid process as set forth in sections thirty-eight A1/2 to thirty-eight O, inclusive, of chapter seven, section thirty-nine M of chapter thirty, or sections forty-four A to forty-four J, inclusive, of chapter one hundred and forty-nine. Contracts pursuant to this section shall be subject to section 26 and 27 of chapter 149 of the General Laws. Any contract entered into pursuant to this section shall include a responsible contractor provision.’”
            The amendment was rejected.

There being no objection, during consideration of the Orders of the Day, the following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:-
Resolutions (filed by Ms. Murray, Mr. Tisei, Messrs. Antonioni, Augustus, Baddour, Berry, Brewer, Brown, and Buoniconti, Ms. Candaras, Ms. Chandler, Mr. Creedon, Ms. Creem, Mr. Downing, Ms. Fargo, Messrs. Galluccio, Hart and Hedlund, Ms. Jehlen, Messrs. Joyce, Knapik, Marzilli and McGee, Ms. Menard, Messrs. Montigny, Moore, Morrissey, O’Leary, Pacheco, Panagiotakos and Petruccelli, Ms. Resor, Mr. Rosenberg, Ms. Spilka, Messrs. Tarr, Timilty, Tisei and Tolman, Ms. Tucker, Ms. Walsh and Ms. Wilkerson) “in recognition of United States Senator Edward M. Kennedy’s importance to the Commonwealth and the United States of America.”

            Mr. Rosenberg moved that the bill be amended by adding after Section __, the following new section:-
            “SECTION 1. Section 6 of chapter 62 of the General Laws, as so appearing, is hereby amended by inserting after subsection (l) the following section:-
            (m)(1) There shall be established a dairy farmer tax credit program under which a taxpayer who holds a certificate of registration as a dairy farmer pursuant to section 16A of chapter 94 may be allowed a refundable income tax credit based on the amount of milk produced and sold. The credit shall be claimed against the taxes due pursuant to chapter 62. The credit shall be established to offset the cyclical downturns in milk prices paid to dairy farmers and shall be based on the United States Federal Milk Marketing Order for the applicable market such that when the United States Federal Milk Marketing Order price drops below a trigger price anytime during the taxable year said taxpayer receives the tax credit.
            (2) The commissioner of agricultural resources, in consultation with the commissioner of revenue, shall promulgate regulations to implement the provisions of this subsection, including the establishment of the trigger price, which must consider the operating costs of milk production including hired labor and some portion of the value of unpaid labor, and the amount of the tax credit which shall be based upon volume of milk production.
            (3) The total value of the tax credits paid pursuant to this section and section 38U of chapter 63 shall not exceed 4 million dollars annually as adjusted for inflation beyond the year in which this subsection is enacted. The inflation adjustment shall be made a part of the regulations promulgated pursuant to this section.
            (4) If the amount of the credit allowed hereunder exceeds the taxpayer’s liability, the commissioner of revenue shall treat such excess as an overpayment and shall pay the taxpayer 90 per cent of the amount of such excess, without interest. The commissioner of agricultural resources shall certify to the department of revenue that dairy farmers claiming credits have met the eligibility requirements provided in this subsection and the amount of credit to which each eligible applicant is entitled.
            (5) The credit allowed pursuant to this subsection must be reviewed by the department of agricultural resources after it has been in place for two taxable years.
            SECTION 2. Subsections (a) and (b) of section 6L of chapter 62 are hereby amended by striking out the subsections in their entirety and inserting in place thereof the following:-
            (a) This section shall apply to credits earned under subsections (l) and (m) of section 6.
            (b) At the written election of a taxpayer entitled to a credit under subsections (l) and (m) of section 6, the commissioner shall apply the credit against the liability of the taxpayer as determined on its return, as first reduced by any other available credits, and shall then refund to the taxpayer 90 per cent of the balance of the credits.
            SECTION 3. Subsections (a) and (b) of section 32E of chapter 63 are hereby amended by striking out the subsections in their entirety and inserting in place thereof the following:-
            (a) This section shall apply to credits earned under sections 38T and 38U.
            (b) At the written election of a taxpayer entitled to a credit under sections 38T and 38U, the commissioner shall apply the credit against the liability of the taxpayer as determined on its return, as first reduced by any other available credits, and shall then refund to the taxpayer 90 per cent of the balance of credits.
            SECTION 4. Chapter 63 of the General Laws, as so appearing, is hereby amended by inserting after section 38T the following section:-
            Section 38U. (a) There shall be established a dairy farm tax credit program under which a domestic or foreign corporation that holds a certificate of registration as a dairy farm pursuant to section 16A of chapter 94 may be allowed a refundable income tax credit based on the amount of milk produced and sold. The credit shall be claimed against the taxes due pursuant to this chapter. The credit shall be established to offset the cyclical downturns in milk prices paid to dairy farmers and shall be based on the United States Federal Milk Marketing Order for the applicable market such that when the United States Federal Milk Marketing Order price drops below a trigger price anytime during the taxable year said domestic or foreign corporation receives the tax credit.
            (b) The commissioner of agricultural resources, in consultation with the commissioner of revenue, shall promulgate regulations to implement the provisions of this section, including the establishment of the trigger price, which must consider the operating costs of milk production including hired labor and some portion of the value of unpaid labor, and the amount of the tax credit which shall be based upon volume of milk production.
            (c) The total value of the tax credits paid pursuant to this section and subsection (m) of section 6 of chapter 62 shall not exceed 4 million dollars annually as adjusted for inflation beyond the year in which this subsection is enacted. The inflation adjustment shall be made a part of the regulations promulgated pursuant to this section.
            (d) If the amount of the credit allowed hereunder exceeds the taxpayer’s liability, the commissioner of revenue shall treat such excess as an overpayment and shall pay the taxpayer 90 per cent of the amount of such excess, without interest. The commissioner of agricultural resources shall certify to the department of revenue that dairy farms claiming credits have met the eligibility requirements provided in this subsection and the amount of credit to which each eligible applicant is entitled.
            (e) The credit allowed pursuant to this subsection must be reviewed by the department of agricultural resources after it has been in place for two taxable years”.
            After remarks, the question on adoption of the amendment was determined by a call of the yeas and the nays at seventeen minutes before one o'clock P.M., on motion of Mr. Rosenberg, as follows, to wit (yeas 38 - nays 0) [Yeas and Nays No. 231]:

            The yeas and nays having been completed at thirteen minutes before one o'clock P.M., the amendment was adopted.
            Mr. Berry, Ms. Spilka and Mr. Brewer moved that the bill be amended in section 10 by striking out the word “disability”.
            After remarks, the question on adoption of the amendment was determined by a call of the yeas and the nays at one minute past one o'clock P.M., on motion of Mr. Berry, as follows, to wit (yeas 39 - nays 0) [Yeas and Nays No. 232]:

            The yeas and nays having been completed at four minutes past one o'clock P.M., the amendment was adopted.
            Mr. Berry, Ms. Spilka and Mr. Brewer moved that the bill be amended in Section 85 by striking out the word “disability”.
            The amendment was adopted.

There being no objection, the following amendments were considered as one and adopted, to wit:
Mr. Galluccio moves that the bill be amended in section 2, in item 7007-0900 by adding the following:- “provided further that, not less than $150,000 be expended for the enhancement of youth programs in the city of Everett”.
The amendment was adopted.
            Mr. Pacheco, Ms. Resor, Mr. Augustus, Ms. Creem, Mr. Tarr and Ms. Tucker moved that the bill be amended, in section 2, in item 2300-0101, by striking out the figure “$604,217” and inserting in place thereof the following figure: - “$650,000”.
            The amendment was adopted.
            Mr. Brewer, Ms. Resor, Ms. Creem, Ms. Tucker, Mr. Rosenberg, Mr. Marzilli, Mr. Augustus, and Mr. O'Leary, Mr. Tarr, Ms. Creem, Mr. Montigny and Mr. Pacheco moved that the bill be amended, in section 2, by inserting after item 2310-0200 the following item:- “2310-0300 For the operation of the natural heritage and endangered species program……………………………….$250,000”.
            The amendment was adopted.
            Mr. Hedlund moved that the bill be amended, in section 2, in item 2800-0100, by inserting the following wording:- “provided further, that a bench may be erected within Webb Memorial State Park in memory of Brenda Dunker in honor of her life as a selfless volunteer for many worthy causes and for the gardening enthusiasm and skills she graciously displayed in enhancing the beauty and prestige of Webb Memorial State Park; provided further, that a suitable marker bearing this designation shall be placed on the memorial bench by the department of conservation and recreation in compliance with the standards of the department;”.
            The amendment was adopted.
            Mr. Baddour moved that the bill be amended by adding the following new Section:
            “SECTION ___. Chapter 10 of the General Laws is hereby amended by inserting after section 69 the following section:-
            Section 69 A. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Salisbury Beach Preservation Trust Fund, to be used without further appropriation, for purpose of the long term preservation and maintenance of Salisbury Beach. Any unexpected balance in the fund at the end of the fiscal year shall not revert to the General Fund but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year.
            (b) Notwithstanding any general or special law to the contrary, the department of conservation and recreation shall impose a surcharge of $2 upon each fee charged and collected for admission to and parking in the Salisbury Beach Reservation. These additional monies collected from the surcharge shall be deposited into the Salisbury Beach Preservation Trust Fund.”
The amendment was adopted.
            Mr. O'Leary moved that the bill be amended, in section 2, in item 2000-0100, by striking the figure “$100,000” and inserting in place thereof the figure:- “$150,000”.
            The amendment was adopted.
            Mr. Morrissey moved that the bill be amended, in section 2, in item 2100-0012, by striking out the figure “$6,401,534” and inserting in place thereof the following figure:- “$6,618,993”.
            The amendment was adopted.
            Mr. Tarr moved that the bill be amended, in section 2, in item 2200-0100, by inserting at the end the following words:- “provided further, that the department shall investigate ways in which to ease the financial burden on municipalities of compliance with both state and federal mandates, whether imposed judicially, statutorily, or through regulation, regarding clean water requirements, including, but not limited to, the extension of time periods for both compliance and financing”.
            The amendment was adopted.
               Mr. Tarr moved that the bill be amended, in section 2, in item 2330-0100, by adding at the end the following words:- “provided further, that the division shall continue to develop strategies to improve federal regulations governing the commercial fishing industry so as to promote its sustainability”.
               The amendment was adopted.
            Ms. Menard moved that the bill be amended, in section 2, in item 2800-0101, by adding the following:- “provided further, that not less than $35,000 shall be expended for storm water remediation along the Cole River or Lee River by the town of Swansea”.
            The amendment was adopted.
            Ms. Wilkerson moved that the bill be amended by inserting after Section 90 the following Section:
            “SECTION 91.- SECTION 1. Section 593 of chapter 26 of the acts of 2003 is hereby repealed.
            SECTION 2. The Massachusetts Convention Center Authority, in this section called the Authority, shall submit to the clerks of the senate and the house of representatives, the senate and house committees on ways and means and the senate and house committees on state administration a report on the feasibility of the improvement, expansion or enhancement of the Hynes Convention Center, in this act referred to as the Center, including the feasibility of incorporating commercial uses or facilities at the Center, to further attract and accommodate large gatherings of visitors and convention and meetings participants and to enhance the revenue and economic growth of the Center.
The report shall include:
            (a) a description of the proposed improvement, expansion or enhancement of the Center;
            (b) a description of the lands, structures, fixtures and facilities deemed necessary or appropriate by the Authority for the improvement, expansion or enhancement of the Center;
            (c) an estimate of the capital expenses anticipated by the Authority as necessary for the improvement, expansion or enhancement of the Center;
            (d) an estimate of the operational expenses anticipated by the Authority as necessary for the operation and maintenance of the improvement, expansion or enhancement of the Center; and
            (e) a description by the Authority of the sources of the funds required to meet the capital and operating costs, including projected income, associated with the improvement, expansion or enhancement of the Center.”
            The amendment was adopted.
            Ms. Wilkerson, Mr. O'Leary, Mr. Augustus, Mr. Galluccio, Mr. Marzilli, Mr. McGee, Mr. Moore, moved that the bill be amended, in section 2, in item 7003-0702, by striking the words “that not less than $125,000 shall be expended for the 1199 SEIU Training and Upgrading Fund to provide a job training initiative for participating health care institutions” and replacing thereof with the words “that not less than $150,000 be expended for the 1199SEIU Training and Upgrading Fund”.
            The amendment was adopted.
            Mr. Hedlund, Mr. Tarr moved that the bill be amended, in section 2, in item 7007-0900, by striking out the wording “provided further, that not less than $50,000 shall be expended to the Hull Lifesaving Museum for the purpose of planning the Massachusetts Maritime Trail;” and inserting in place thereof the following wording:- “provided further, that not less than $80,000 shall be expended to the Hull Lifesaving Museum for the purpose of planning the Massachusetts Maritime Trail;”.
            The amendment was adopted.
            Ms. Fargo moved that the bill be amended, in section 2, in item 7003-0702, after the words “More Than Words in the city of Waltham” by striking out the words “for the purpose of expanding operations to an additional city to be determined in consultation with the commissioner” and inserting in place thereof the following words:- “for the purpose of job training operations”.
            The amendment was adopted.
            Ms. Fargo moved that the bill be amended, in section 2, in item 7007-0900, by striking out the words “that not less than $75,000 shall be appropriated for the Waltham Tourism Council” and inserting in place thereof the following words:- “that not less than $100,000 shall be expended for the Waltham Tourism Council”.
            The amendment was adopted.
            Mr. Moore moved that the bill be amended, in section 2, in item 7003-0702, by adding at the end thereof the following:- “provided further, that not less than $15,000 shall be expended for the Draper Complex Reuse Committee in Hopedale;”.
            The amendment was adopted.
            Ms. Spilka moves that the bill be amended, in section 2, in item 7007-0900, by inserting at the end thereof the following wording:- “; provided further, that not less than $50,000 shall be expended for the Hopkinton Athletic Association for facilitation, promotion, and coordination of activities in connection with the international ‘Running for the Human Race’ project”.
            The amendment was adopted.
            Mr. Timilty moved that the bill be amended, in section 2, in item 7007-0900, by adding at the end thereof the following:- “ provided further, that not less than $25,000 shall be expended for costs associated with making Goff Hall in Rehoboth handicapped accessible;”
            The amendment was adopted.
            Mr. Knapik and Ms Candaras moved that the bill be amended, in section 2, in item 7007-0900, by adding the following:- “provided further, that not less than $50,000 shall be provided for The Galaxy Community Council for the purpose of promoting and hosting the Westover Air Show in the city of Chicopee”.
            The amendment was adopted.
            Mr. Knapik moved that the bill be amended, in section 2, in item 7003-0605, by adding the following:- “provided further, that not less than $75,000 shall be expended for the Regional Employment Board of Hampden County for a pilot program for precision machining training”.
            The amendment was adopted.
            Mr. Rosenberg moved that the bill be amended, in section 2, in item 7002-0012, by adding the following:- “provided further, that Greenfield, Montague, Orange, and Ware be designated high-risk areas for the purpose of this program”;
            The amendment was adopted.
            Mr. O'Leary moved that the bill be amended, in section 2, in item 7007-0900, by striking the words “not less than $25,000 shall be expended for the operation of the Cape Cod Junior Technology Council” and inserting in place thereof the following:- “not less than $50,000 shall be expended for the operation of the Cape Cod Junior Technology Council”.
            The amendment was adopted.
            Messrs. Hart, Joyce, Ms. Spilka, Messrs. O’Leary, Moore, Timilty, Augustus, McGee and Ms. Tucker moved that section 7 of the bill be amended in part (2) of subsection (b) of Section 69A of Chapter 10 of the General Laws by adding at the end thereof the following:- “; $3,000,000 to the Massachusetts Science, Technology, Engineering and Mathematics Grant Fund, established in section 2MMM of chapter 29 of the General Laws”.
            The amendment was adopted.
            Mr. O'Leary moved that the bill be amended, in section 2, in item 7007-0515, by striking the figure “$150,000” and inserting in place thereof the figure:- “$300,000”.
            The amendment was adopted.
            Mr. O'Leary moved that the bill be amended, in section 2, in item 7003-0702, by striking the language “not less than $200,000 shall be expended for a health center skilled training program on lower and outer Cape Cod” and inserting in place thereof the following:- “not less than $250,000 shall be expended for a health center skilled training program on lower and outer Cape Cod”.
            The amendment was adopted.
            Ms. Chandler moved that the bill be amended, in section 2, in item 7007-0900, by adding at the end thereof the following: “provided further, that not less than $25,000 shall be expended for the Town of West Boylston’s Bicentennial”.
            The amendment was adopted.
            Mr. Buoniconti moved that the bill be amended, in section 2, in item 7007-0951, by inserting at the end thereof the following words:- “Provided further that not less than $50,000 shall be expended for the forest park zoo in Springfield”.
            The amendment was adopted.
            Mr. Petruccelli moved that the bill be amended, in section 2, in item 7007-0900, by adding the following: “; and provided further that not less than $150,000 shall be expended for the Central Square Theater in Cambridge”;
            The amendment was adopted.
            Mr. Petruccelli moved that the bill be amended, in section 2, in item 7007-0900, by adding the following: “; and provided further that not less than $100,000 shall be expended for the Freedom Trail Foundation for marketing the Freedom Trail”;
            The amendment was adopted.
            Mr. Petruccelli moved that the bill be amended, in section 2, in item 7007-0900, by adding the following: “; and provided further that not less than $100,000 shall be expended for the North End Visitor Center;”.
            The amendment was adopted.
            Mr. Petruccelli moved that the bill be amended, in section 2, in item 7007-0900, by adding the following: “; and provided further that not less than $40,000 shall be expended for the Revere Beach Partnership;”.
            The amendment was adopted.
            Mr. Montigny moved that the bill be amended, in section 2, in item 7007-0900, by striking out the wording “provided further, that not less than $100,000 shall be expended for the Zeiterion Performing Arts Center” and inserting in place thereof the following wording:- “provided further, that not less than $200,000 shall be expended for the Zeiterion Performing Arts Center”.
            The amendment was adopted.
            Mr. Petruccelli moved that the bill be amended, in section 2, in item 7007-0900, by adding the following: “; and provided further that not less than $200,000 shall be expended for ZUMIX’s cultural programming for young people”; and by adding the following: “; and provided further that not less than $50,000 shall be expended for El Jolgorio de Massachusetts, Inc. for enhancing literacy and promoting art among Latino youth;”.
            The amendment was adopted.
            Mr. Buoniconti, Mr. Knapik and Ms. Candaras moved that the bill be amended, in section 2, in item 7003-0702, by inserting at the end thereof the following words:- “; provided further that not less than $75,000 shall be expended on the Lower Pioneer Valley educational Collaborative for the purpose of implementing an educational program enabling on-site technical training”.
            The amendment was adopted.

            Ms. Chandler and Mr. Augustus moved that the bill be amended, in section 2, in item 7003-0605 by inserting at the end thereof the following:- “provided that not less than $200,000 shall be made available from this item to operate the Machine Operator Skills Training program using a Mobile Training Unit”.
            The amendment was adopted.
            Ms. Chandler and Mr. Hart moved that the bill be amended, in section 2, in item 7007-0900, by adding at the end thereof the following, “provided further, that not less than $200,000 shall be expended for From the Top, Inc”.
            The amendment was adopted.
            Mr. Joyce moved that the bill be amended, in section 2, in item 7007-0900, by adding the following: “; and provided further that $50,000 shall be expended to assist in the planning of a performing arts and cultural center in the town of Milton, including but not limited to feasibility studies and architectural drawings, and provided that the town of Milton shall serve as fiscal agent for the project until the establishment of an independent non-profit corporation to establish and operate a Milton Center for the Performing Arts”.
            The amendment was adopted.
            Ms. Walsh, Ms. Chandler, Ms. Resor, Ms Wilkerson, Ms. Tucker and Messrs. Tolman, Joyce, Marzilli, Augustus, Petrucelli and Knapik moved that the bill be amended by inserting after section XX the following section:
            “SECTION ##. Section 117 of Chapter 123 of the Acts of 2006 is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-
            The commission shall file its recommendations, together with recommendations for legislation, if any, with the house and senate clerks who shall forward the same to the general court no later than 3 years after the passage of this act.”
            The amendment was adopted.
            Mr. O'Leary moved that the bill be amended, in section 2, in item 7004-0001, by inserting after the words “Indian affairs” the following language:- “; provided, that not less than $100,000 shall be expended for the development of a Native American Institute to be developed in conjunction with the commission on Indian affairs and tribal leaders in Massachusetts”.
            The amendment was adopted.
            Mr. Galluccio moved that the bill be amended, in section 2, in item 7003-0702, by striking out the figure “$139,500” and inserting in place thereof the following figure:- “141,000”.
            The amendment was adopted.
            Mr. Tisei moved that the bill be amended, in section 2, in item 7007-0900, by inserting the following wording:- “provided further, that $250 ,000 shall be expended for the promotion of the performing arts in the town of Wakefield”.
            The amendment was adopted.
            Mr. Morrissey moved that the bill be amended, in section 2, in item 7006-0071, by striking out the figure “$2,454,049” each time it appears, and inserting in place thereof the figure:- “$2,513,616”.
            The amendment was adopted.
            Messrs. Joyce and Galluccio and Ms. Candaras moved that the bill be amended in Section 7 in part (2) of subsection (b) of Section 69A of Chapter 10 of the General Laws by adding at the end thereof the following:- “$5,000,000 to the Affordable Housing Trust Fund, established by section 2 of chapter 121D;”.
            The amendment was adopted.
            Mr. Tisei moved that the bill be amended, in section 2, in item 7007-0900, by inserting the following wording:- “provided further, that $100,000 shall be expended for the Stoneham Theater in the town of Stoneham”.
            The amendment was adopted.
            Mr. Hart moved that the bill be amended, in section 2, in item 7007-0900, by inserting after “within the commonwealth” the following: “; provided further, that $100,000 shall be expended for the Old Provincial State House”.

            The amendment was adopted.
            Ms. Wilkerson, Ms. Menard, Ms. Creem and Messrs. Joyce, Augustus, McGee, Moore, Marzilli, Petruccelli and Antonioni moved that the bill be amended, in section 2, in item 7010-0005 by striking the figure “$200,000”, and inserting in place thereof the figure:- “$300,000”.
            The amendment was adopted.
            Mr. Berry and Ms. Spilka moved that the bill be amended by inserting, after section ___, the following new section:-
“Section ___. There shall be a special commission to consist of the following members: the secretary of education, who shall chair the commission, the chair of the board of higher education, the chairman of the State Colleges of Massachusetts Council of Presidents, the president of the university of Massachusetts, a person who, being a member of a board of trustees of a state college, is selected by the chairs of such boards of trustees acting jointly, a member of the board of trustees at the university of Massachusetts who shall be appointed by the chair of the board, a person selected by the Massachusetts Teachers Association, and 3 persons selected by the governor who are experienced with the missions and degree-granting authority of public institutions of higher in the United States. The commission shall make an investigation and study relative to the merit of allowing state colleges to become state universities. Such study shall include, but need not be limited to, the appropriate scope of such change, the educational value of such change for students, the need to allow state colleges to issue doctorate degrees on their own, any increased costs to the commonwealth and students likely to result from such change, impact on the public higher education system including the state colleges, and compliance with statutory procedures and degree approval processes for higher education institutions. The commission shall consider the role of state colleges in educating and training citizens of the commonwealth for roles in the economy of the commonwealth. The commission shall file a report with the joint committee on higher education on the results of its investigation and study, and any recommendations relative thereto, on or before November 15, 2008”.
            The amendment was adopted.
            Mr. Downing moved that the bill be amended, in section 2, in item 7502-0100, by inserting the following: “provided further, that not less than $100,000 shall be available for the operation and maintenance costs associated with the use of the Joseph Scelsi Intermodal Center, located in the city of Pittsfield, by Berkshire Community College and Massachusetts College of Liberal Arts;” and by striking the figure “$9,456,459” and inserting in place thereof the following figure:- “$9,556,459”.
            The amendment was adopted.
            Ms. Wilkerson moved that the bill be amended, in section 2, in item 7100-0200, by inserting after the words, “eliminate its damage” the following:- “provided that not less than 350,000 shall be expended for the William Trotter Institute”.
            The amendment was adopted.
            Mr. Antonioni moved that the bill be amended, in section 2, in item 7061-9600,
by striking out the item and inserting in place thereof the following item:-

“7061-9600 For a discretionary grant pilot program with the purpose of providing monies to school districts and state public institutions of higher education partnering together to offer inclusive concurrent enrollment programs for students with disabilities as defined in section 1 of chapter 71B of the General Law ages 18-22; provided, that the grant program will be limited to said students who are considered to have severe disabilities and have been unable to achieve the competency determination necessary to pass the Massachusetts Comprehensive Assessment System exam; provided further, that said students with disabilities shall be offered enrollment in credit and noncredit courses that include nondisabled students, including enrollment in noncredit courses and credit bearing courses in audit status for students who may not meet course prerequisites and requirements, and that the partnering school districts will provide supports, services and accommodations necessary to facilitate a student’s enrollment; provided further, that the department, in consultation with the department of higher education shall develop guidelines to ensure that the grant program promotes civic engagement and mentoring of faculty in state institutions of higher education, and supports college success, work success, participation in student life of the college community, and provision of a free appropriate public education in the least restrictive environment; provided further, that not more than $50,000 shall be distributed to the department of higher education in order to increase the capacity of public institutions of higher education to include students with severe disabilities in the concurrent enrollment pilot program, including $4,000 for production of a video to be used for provision of training and technical assistance; provided further, that not more than $50,000 shall be allocated to the department of elementary and secondary education to provide training and technical assistance to school districts for program implementation, including $4,000 for production of said video to be used for provision of training and technical assistance; provided further, that the department of elementary and secondary education, in consultation with the department of higher education, shall report to the house and senate committees on ways and means, the joint committee on education and the joint committee on higher education on said discretionary grant program not later than February 16, 2009; and provided further, that for the purpose of this item, appropriated funds may be expended through August 31, 2009……………………………$1,575,000”.
            The amendment was adopted.
            Mr. Antonioni moved that the bill be amended by adding the following new Section:-
                        SECTION . Notwithstanding section 72 of chapter 44 of the General Laws or any other general or special law to the contrary, any funds received by a city, town or regional school district pursuant to said section 72 shall be considered unrestricted revenue of the city, town or regional school district. Commencing in fiscal year 2006, and every year thereafter, a city or town shall deposit in a separate account for expenditures by the school committee not less than 50 percent of any such funds received. A school committee may receive a percentage of such amount that is larger than said 50 percent if the committee negotiates an agreement with the executive body of the city or town to receive such a larger percentage. A school committee may make expenditures from the separate account for any lawful educational purpose without further appropriation. Any expenditure from said account on items qualifying as net school spending shall supplement the net school spending requirement of the district. The receipt of such funds shall not affect the calculation of the minimum required local contribution and state school aid as defined in section 2 of chapter 70 of the General Laws.”
            The amendment was adopted.
            Mr. O'Leary moved that the bill be amended, in section 2, in item 7061-9404, by inserting at the end thereof the following:- “provided further that $50,000.00 shall be expended for the Astro Park at Barnstable High School”.
            The amendment was adopted.
            Mr. Moore moved that the bill be amended, in section 2, in item 7512-0100, by adding at the end thereof the following:- “provided further, that not less than $100,000 shall be expended to support the development of a South County Quinsigamond Community College satellite campus;” and in said item, by striking out the figure “$6,512,898” and inserting in place thereof the following figure:- “$6,612,898”.
            The amendment was adopted.
            Mr. Hart moved that the bill be amended, in section 2, by inserting after item 1599-4233 the following item:-
            “1599-4417 For the operation of the Edward J. Collins, Jr. Center for Public Management at the University of Massachusetts at Boston’s McCormack Graduate School of Policy Studies………$541,000”.
            The amendment was adopted.
            Mr. Joyce moved that the bill be amended, in section 2, in item 7061-9408, by inserting the following: - “; provided further, that not less than $200,000 be expended for a pilot parent engagement program including, but not limited to, a Randolph Parents’ Academy and Parents’ Support Network operated by the Randolph Public Schools”.
            The amendment was adopted.
            Messrs. Augustus, Antonioni, Marzilli, Tarr, Hedlund, O’Leary, Knapik, Moore, Morrissey, Tisei, Buoniconti, McGee, Petruccelli, Timilty, Downing, Pacheco, Montigny, Joyce and Ms. Fargo, Ms. Candaras, Ms. Resor, Ms. Jehlen, Ms. Walsh, Ms. Menard, Ms. Spilka, Ms. Tucker, and Ms. Creem moved that the bill be amended, in section 2, in item 7010-0005, by inserting after the words, “along with a detailed implementation plan for realizing that vision” the following:- “provided further, that a committee shall be established, to be known as the Education Resource Study Committee, made up of the chairs of the Joint Committee on Education, the Secretary of Administration and Finance, or her designee, the Commissioner of the Department of Elementary and Secondary Education, or his designee, and the Secretary of Education, or his designee, to conduct a study to determine the resources necessary to achieve the commonwealth’s educational goals; provided further, that the committee shall contract with an objective, independent consultant to conduct a professional assessment to ascertain the resources and the costs of the resources needed to provide all students in Massachusetts with the opportunity for a high quality education to enable them to reach their potential as set forth in the Education Reform Act of 1993; provided further, that said Committee shall report its findings and recommendations to the Governor, Speaker of the House of Representatives, Senate President, House and Senate Ways and Means Committees and the Joint Committee on Education not later than December 31, 2009”.
            The amendment was adopted.
            Messrs. Brown, Tarr, Hedlund, and Tisei moved that the bill be amended by inserting, after Section 90, the following new section:-
            “SECTION 91. 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 said commission shall be to review the state pension system’s compensation package for employees from the state’s higher education system, including but not limited to: housing and transportation allowances, annuities. The commission shall examine the prospect of capping retirement allowances and to establish a standard for the definition of compensation, for the purposes of calculation of pension payments, that is fixed to salary. The commission shall issue 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 the Massachusetts Board of Higher Education, or his designee, the Executive Director of thePension 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, 2009.”
            The amendment was adopted.
     Mr. Galluccio moves that the bill be amended, in section 2, in item 7007-0900, by adding the following:- “provided further that not less than $75,000 shall be expended for the Boston Landmarks Orchestra to support interactive performances with public school orchestras in such communities as Charlestown, Chelsea, Dorchester, East Boston, Everett, Jamaica Plain, Quincy, and Roxbury, Somerville and Cambridge”.
            The amendment was adopted.
            Ms. Menard moved that the bill be amended in section 2, by striking out 7061-9634 and inserting in place thereof the following item:-
            “7061-9634     For a transfer of this item to the Massachusetts Service Alliance, which shall be solely responsible for administering a grant program for public and private agencies with mentoring programs for the recruitment and training of mentors and for other supporting services including, but not limited to, academic support services; provided, that the department of education shall transfer the amount appropriated in this item to the Massachusetts Service Alliance for the purpose of these grants; provided further, that in order to be eligible to receive funds from this item, each public or private agency shall provide a matching amount equal to $1 for every dollar disbursed from this item; provided further, that funds may be expended to support the mentoring activities of the planned learned achievement for youth program; and provided further, that the Massachusetts Service Alliance shall submit a report detailing the expenditure of such funds and the amount and source of matching funds raised to the secretary of administration and finance and the house and senate committees on ways and means not later than December 29, 2008; and provided further, that not more than $225,000 shall be expended for Camp Coca Cola New England to provide under-served youth development services with an emphasis on leadership training and community service......................................................... $712,000”.
            The amendment was adopted.
            Messrs. Antonioni, Joyce, Ms. Spilka, Messrs. Augustus and Knapik moved that the bill be amended, in section 2, in item by inserting after line item 7061-9804, the following new line item:-
            “For administering a Bullying Prevention Program for schools to implement bullying prevention and intervention plans throughout the Commonwealth; provided that not less than $50,000 shall go to the Department of Elementary and Secondary Education for the purposes of administering the Bullying Prevention Program and maintaining a Bullying Prevention Resource repository online at the Department's web page; and provided that not less than $200,000 shall be appropriated to the Massachusetts Aggression Reduction Center at Bridgewater State College for the purposes of working in consultation with the Department of Elementary and Secondary Education to expand the Center's capabilities to bring policy-production and bullying prevention services to Massachusetts public schools...........................................$250,000”.
            The amendment was adopted.
            Mr. Downing moved that the bill be amended, in section 2, in item 8910-0446, by striking out the following: “the City of Pittsfield public school system” and inserting in its place thereof the following: “Berkshire County public school systems”.
            The amendment was adopted.
                Messrs. Rosenberg and Knapik moved that the bill be amended, in section 2, in item 8910-0110, by striking out the words “and provided further, that $225,000 shall be expended for the lease payments for modular units located at 205 Rock Hill Road in the city of Northampton;” and inserting in place thereof the following:- “and provided further, that not more than $225,000 shall be expended for the lease payments for modular units located at 205 Rock Hill Road in the city of Northampton”.
            The amendment was adopted.
            Mr. Antonioni moved that the bill be amended, in section 2, in item 8000-0000, in line 4, by striking out the words “not more than $100,000” and inserting in place thereof the following words:- “not less than $100,000”.
            The amendment was adopted.
            Messrs. Timilty, Moore, and Joyce moved that the bill be amended, in section 2, in item 8324-0000, by striking out the figures “$15,548,169” and inserting in place thereof the figures “$16,840,965”.
            The amendment was adopted.
            Messrs. Augustus and Moore moved that the bill be amended, in section 2, in item 7000-9402, by striking the figure, “$415,000” and inserting in place thereof the figure, “$440,000”.
            The amendment was adopted.
            Ms. Wilkerson, Ms. Candaras, Ms. Menard, Ms. Spilka, Ms. Creem and Messrs. Marzilli, Augustus, Galluccio, Moore, Timilty, and Petruccelli moved that the bill be amended, in section 2, in item 4590-0250 by striking the figure “350,000”, and inserting in place thereof the figure: “$550,000”.
            The amendment was adopted.
            Mr. Berry moved that the bill be amended, in section 2, in item 4800-0038 by adding the following:- “provided further, that not less than $300,000 shall be expended for a statewide contract with Northeastern University for violence prevention and conflict resolution program;”.
            The amendment was adopted.
            Mr. Downing moves to amend the bill by inserting, after Section 90, the following new Section:-
            “SECTION XX.   The division of health care finance and policy shall promulgate rules and regulations that create a new nursing facility class to be defined as follows:
            Class V: Facilities that:

            The class established herein shall not be adopted until the Executive Office of Health and Human Services certifies it has obtained federal approval of any waiver request needed to implement this class.”
            The amendment was adopted.
            Mr. Downing moved that the bill be amended, in section 2, in item 4530-9000, in line 7, by striking out the words “Berkshire Coalition to Prevent Teenage Pregnancy in the Berkshire region” and inserting in place thereof:- “the Northern Berkshire Community Coalition in the Berkshire region; provided further, that of said $400,000, not more than 10% shall be used for administrative services; provided further, that of said $400,000, not less than $250,000 shall be expended for the teen pregnancy prevention programs in the cities of North Adams and Pittsfield; provided further, that of said $250,000, not less than $125,000 shall be expended for said program in the city of Pittsfield;”.
            The amendment was adopted.
            Ms. Wilkerson, Ms. Candaras, Ms. Creem, and Messrs. Joyce, Augustus, Moore and Petruccelli moved that the bill be amended, in section 2, in item 9110-9002 by striking the figure “$60,000”, and inserting in place thereof the figure:- “$80,000” and at the end thereof by striking out the figures “$8,457,068” and inserting in place thereof the figures “$8,477,068”.
            The amendment was adopted.
            Mr. Rosenberg moved that the bill be amended, in section 2, in item 4800-0038, by inserting after the words “diversion program”; the following:- “ provided further, that not less than $140,000 shall be expended for the MSPCC Franklin County Supervised Visitation Program”.
            The amendment was adopted.
            Mr. Pacheco and Mr. O’Leary moved that the bill be amended, in section 2, in item 4000-0640, by striking out paragraph (4) and inserting in place thereof the following paragraph:-
            “(4) effective July 1, 2008, an annual amount of $16,450,000 (a) to fund rate adjustments for reasonable capital expenditures by nursing homes, giving priority to nursing homes located or constructed in under-bedded areas as determined by said executive office, in consultation with the division, that meet quality standards established by the executive office of health and human services in conjunction with the department of public health and the division for the purposes of encouraging the upgrading and maintenance of quality of care in nursing homes; and (b) to fund rate adjustments to eligible nursing homes that meet utilization standards established by the executive office of health and human services in conjunction with the division for the purpose of reducing unnecessary nursing home admissions and facilitating the return of nursing homes residents of non-institutional settings; and; (c) provided further, that to the extent that the annual amount of $16,450,000 in this clause is not fully allocated, the division shall provide operating rate adjustments in equal amounts to the following nursing homes (1) publicly operated nursing homes located in Taunton and Holyoke, and (2) a geographically isolated nursing home located Oak Bluffs;”.
            The amendment was adopted.
            Messrs. Knapik, Rosenberg, and Buoniconti and Ms. Candaras moved that the bill be amended, in section 2, in item 4190-0100, by striking out the figure “$20,272,654” and inserting in place thereof the following figure:- “$20,322,654”.
            The amendment was adopted.
            Ms. Fargo moved that the bill be amended, in section 2, in item 4513-1000, in line 2, by striking out the word “funds” and inserting in place thereof the following words:- “not less than $350,000”.
            The amendment was adopted.
            Mr. Tolman moved that the bill be amended, in section 2, in item 4512-0200, by striking out “provided further, that not less than $400,000 shall be expended to fund 10 beds through the CAB program in conjunction with the H.E.A.T. program at Woburn the division of the district court” and inserting in place thereof the following:- “provided further, that not less than $475,000 shall be expended to fund 10 beds through the CAB program in conjunction with the H.E.A.T. program at Woburn the division of the district court”.
            The amendment was adopted.
            Mr. Tolman moved that the bill be amended, in section 2, in item 4000-0112 by inserting after the words “Massachusetts Alliance of Boys and Girls Clubs;” the following:-provided further that $50,000 shall be expended for the Oak Square YMCA in Brighton”.
            The amendment was adopted.
            Mr. Hart moved that the bill be amended, in section 2, in item 4512-0200, by inserting after the words “from substance abuse” the following:- “; provided further, that not less than $200,000 shall be expended for Gavin Foundation, Inc. to provide Drug and Alcohol abuse prevention education through the Speakers for Hope Program”.
            The amendment was adopted.
            Mr. Augustus, Ms. Resor, Ms. Chandler and Mr. Antonioni moved that the bill be amended, in section 2, in item 4510-0110, by inserting, after the words, “Merrimack Valley Hospice Home Care” the following:- “provided further, that $40,000 shall be expended for the Dismas House at the Worcester county house of correction;”.
            The amendment was adopted.
            Mr. Augustus, Mr. Timilty, Mr. Marzilli, Mr. Joyce, Ms. Fargo, Ms. Jehlen, Mr. Antonioni, Ms. Candaras, Ms. Menard, Ms. Resor, Mr. Montigny, Mr. McGee, Mr. Knapik, Ms. Wilkerson, Ms. Creem, Mr. Buoniconti and Ms. Spilka moved that the bill be amended, in section 2, in item 4513-1130, by striking the figure, “$250,000” and inserting in place thereof the figure, “$350,000”.
            The amendment was adopted.
            Messrs. Montigny, Moore, Timilty, Downing and Ms. Spilka, Ms. Wilkerson and Ms. Tucker moved that the bill be amended, in section 2, in item 4513-1111, by striking out the wording “stroke treatment and ongoing prevention” and inserting in place thereof the following wording:- “a statewide STOP stroke program and ongoing stroke prevention and education”.
            The amendment was adopted.
            Ms. Candaras and Mr. Buoniconti moved that the bill be amended, in section 2, in item 1410-0012 by striking the words “provided further, that not less than $35,000 shall be expended for the Mason Square Veterans Outreach Center in the city of Springfield” and inserting in place thereof the following:- “provided further that not less than $70,000 shall be expended for the Mason Square Veterans Outreach Center in the city of Springfield”.
            The amendment was adopted.
            Ms. Candaras, Ms. Jehlen Ms. Spilka and Ms. Wilkerson moved that the bill be amended, in section 2, in item 5046-0000, by inserting after the penultimate proviso the following proviso:- “; provided further, that not less than $300,000 shall be expended for a pre-trial jail diversion grant program at the department of mental health for 5 new programs”.
            The amendment was adopted.
            Mr. Pacheco moved that the bill be amended, in section 2, in item 4512-0500, by striking out the figure “$122,000” and inserting in place thereof the following:- “$150,000”.
            The amendment was adopted.
            Ms. Candaras, Mr. Buoniconti and Mr. Knapik moved that the bill be amended, in section 2, in item 4512-0200 by striking the words “provided further, that $150,000 shall be expended for the Hampden County Residential Program for Women” and inserting in place thereof the following:- “provided further, that $300,000 shall be expended for the Hampden County Residential Program for Women”.
            The amendment was adopted.
            Mr. O'Leary moved that the bill be amended, in section 2, in item 4512-0500, by striking the words “Harbor Health Services” and inserting in place thereof the words:- “the Community Coalition of Cape Cod”.
            The amendment was adopted.
            Messrs. Montigny, Marzilli and Spilka moved that the bill be amended, in section 2, in item 4513-1111, by striking the wording “multiple sclerosis screening, education and research” and inserting in place thereof the following:- “multiple sclerosis screening, information, education, treatment programs and the Multiple Sclerosis Home Living Navigating Key Services program administered by the Central New England Chapter of the National Multiple Sclerosis Society”.
            The amendment was adopted.
            Ms. Chandler moved that the bill be amended, in section 2, in item 4590-0250, by adding to the end thereof the following: “provided further, that not less than $75,000 shall be expended a pilot program to provide community health services through the school-based health center at the Helen A. Bowditch Health Center at Elm Park School in the City of Worcester”; and by striking out the figure “$16,782,134” and inserting in place thereof the following figure:- “16,857,134”.
            The amendment was adopted.
            Messrs. Knapik and Galluccio moved that the bill be amended in section 2, in item 4180-1100, by inserting after the word “Home”, the second time it appears, the following words:- “; provided further that the Soldiers’ Home may accept gifts, grants, donations, and bequests; and in item 4190-1100, by inserting after the word “Home”, the second time it appears, the following words:- “; provided further that the Soldiers’ Home may accept gifts, grants, donations, and bequests;” and by striking the figure “$200,442” and inserting in place thereof the figure “$225,000”.
            The amendment was adopted.
            Mr. Antonioni moved that the bill be amended, in section 2, in item 4000-0112, by inserting at the end thereof the following:- “provided further, that not less than $5,000 be expended for the Gardner Community Action Committee Fellowship Table” and by striking out the figure “$5,260,000” and inserting in place thereof the following figure:- “$5,260,000”.
            The amendment was adopted.
            Mr. Marzilli, Ms. Creedon, Mr. Joyce, Mr. Hedlund, Mr. Augustus, Mr. Antonioni, Mr. Tisei, Ms. Spilka, Ms. Resor, Mr. Moore, Mr. Morrissey, Mr. O’Leary, Ms. Creem, Ms. Tucker, and Mr. Tarr moved that the bill be amended, in section 2, in item 9110-9002, by striking out the figure $8,457,068 and inserting in place thereof the following figure:-”$8,637,068”.
            The amendment was adopted.
            Messrs. Montigny, Moore, Marzilli and Tarr and Ms. Wilkerson and Ms. Fargo moved that the bill be amended, in section 2, in item 9110-1455, by adding the following:- “; and provided further, that the secretary of elder affairs shall not implement cost sharing increases during fiscal year 2009 unless said cost sharing increases have been approved by a vote of the general court.”; and in section 8 by adding the following:-
            “The secretary shall not implement such cost sharing increases required of enrollees in the form of co-payments, premiums and deductibles or any combination thereof, unless the executive office has given 90 days notice to the general court and has received approval of the proposed plan from a majority of the general court”.
            The amendment was adopted.
            Mr. Antonioni moved that the bill be amended, in section 2, in item 4800-0038, by inserting at the end thereof the following:- “provided further, that not less than $7,500 be expended for the House of Peace and Education in Gardner for 'Hope for Kids'“.
            The amendment was adopted.
            Mr. Morrissey moved that the bill be amended, in section 2, in item 4400-1001, by inserting after the words “federal nutrition programs;” the following:- “provided however, that any activities, educational programs and materials, including the annual report on the status of hunger in the commonwealth, developed and implemented by Project Bread with funds provided through this grant for the purpose of expanding participation and outreach for school based federal child nutrition programs shall be conducted in collaboration with state agencies and private non profit organizations working on behalf of child health and nutrition issues including but not limited to the Department of Elementary and Secondary Education and the School Nutrition Association of Massachusetts”.
            The amendment was adopted.
            Messrs. Marzilli, Augustus, Downing, Galluccio, McGee, Morrissey, Petruccelli, Montigny, Ms. Jehlen, Ms. Walsh and Ms. Tucker moved that the bill be amended, in section 2, in item 4003-0122, by striking out the figure “$500,000” and inserting in place thereof the following figure:- “650,000”.
            The amendment was adopted.
Mr. Moore moved that the bill be amended, in section 2, in item 4000-0355, by striking out the figure “$1,428,000” and inserting in place thereof the following figure:- “$1,888,616”; and in said Section 2, by inserting, after item 4000-0355, the following new item:-
“4000-0360 For the health care quality and cost council established pursuant to section 3 of chapter 58 of the acts of 2006; provided that the council may expend an amount not to exceed $100,000 from the monies received from the sale of data reports; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system………………………………….…$100,000”.
            The amendment was adopted.
            Ms. Spilka, Ms. Candaras, Ms. Jehlen, Messrs. Marzilli, Augustus and Ms. Creem move that the bill be amended, in section 2, by striking out item 5055-0000 and inserting in place thereof the following item:-
            “5500-0000 For forensic services provided by the department; provided, that not less than $1,186,000 shall be expended to sustain and expand services provided through juvenile court clinics in fiscal year 2009………$8,105,485”.
            The amendment was adopted.
            Ms. Walsh and Ms. Creem moved that the bill be amended, in section 2, in item 9110-1660, by inserting at the end the following:- “provided that $90,000 shall be expended for the AgeWell Boston program operated by Ethos”; and by striking out the figure “$2,223,031” and inserting in place thereof the following figure “$2,313,031”.
            The amendment was adopted.
            Messrs. Marzilli, McGee and Ms. Jehlen moved that the bill be amended, in section 2, in item 4518-0200, by inserting after the words “compensation of employees” the following:- “, and provided further, that the registrar of vital records shall exempt from payment of a fee any person requesting a copy of a birth certificate for the purpose of establishing eligibility for Medicaid”.
            The amendment was adopted.
            Ms. Spilka and Messrs. Tolman, Montigny, Timilty, Morrissey, Joyce, Petruccelli and Brown and Ms. Creem move that the bill be amended, in section 2, in item 5920-3010, by inserting at the end thereof the following wording:- “; and provided further, that $100,000 be allocated to the Asperger’s Association of New England to provide support services to individuals with high functioning autism or Asperger’s syndrome”.
            The amendment was adopted.
            Mr. Hart moved that the bill be amended, in section 2, in item 4512-0200, by striking the words “provided further, that not less than $833,000 shall be expended for the Volunteers of America Rebound Youth Residential Recovery Program” and inserting in place thereof “provided further, that not less than $933,000 shall be expended for the Volunteers of America Rebound Youth Residential Recovery Program”.
            The amendment was adopted.
            Ms. Jehlen, Ms. Resor, Ms. Creem and Messrs. McGee, and Montigny moved that the bill be amended, in section 2, in item 4513-1130 by striking the following wording:- “for qualified aliens, in accordance with 8 U.S.C. section 1641 (c), and refugees” and inserting in place thereof the following wording “and domestic violence services”.
            The amendment was adopted.
            Ms. Spilka moves that the bill be amended, in section 2, by striking out item 3000-4050 and inserting in place thereof the following item:-
            “3000-4050     For financial assistance for families currently involved with or transitioning from transitional aid to families with dependent children to enroll in an early education and care program; provided, that early education and care shall be available to former participants who are working for up to 1 year after termination of their transitional benefits; provided further, that post-transitional early education and care benefits shall be provided to participants who are working for up to 1 year after the transitional period; provided further, that all early education and care providers that are part of a public school system shall accept vouchers funded through this item; provided further, that the department may provide early education and care benefits to parents who are under 18 years of age, who are currently enrolled in a job training program, and who would qualify for benefits under chapter 118 of the General Laws but for the deeming of the grandparents’ income; provided further, that all teens eligible for year-round full-time early education and care services shall be participating in school, education, work and training-related activities or a combination thereof for at least the minimum number of hours required by regulations; provided further, that recipients of transitional aid shall not be charged fees for care provided under this item; provided further, that early education and care slots funded from this item shall be distributed geographically in a manner that provides fair and adequate access to early education and care for all eligible individuals; provided further, that informal early education and care benefits may be funded from this item; provided further, that not more than $2 per child per hour shall be paid for the services; provided further, that all children eligible for services under this item shall receive said services; provided further, that the commissioner of early education and care may transfer funds to this item from items 3000-1000 and 3000-4060, as necessary, pursuant to an allocation plan, which shall detail by object class the distribution of the funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means at least 30 days before the transfer; and provided further, that not more than 3 per cent of any item may be transferred in fiscal year 2009 ………………………………………………………………           $176,367,855”.
            The amendment was adopted.
            Mr. Tolman moved that the bill be amended, in section 2, in item 4512-0202 by striking out the words “pre-arraignment,” and further, by inserting after the words “may be diverted” the following: - “prior to or after their arraignment”, and further, after the words “and the department of corrections;” the following: - “provided further, that prior to release from said facility a one year treatment plan shall be developed for the individual”.
            The amendment was adopted.
            Ms. Creem and Mr. Timilty moved that the bill be amended, in section 2, in item 4513-1000, by striking the words “and the Massachusetts Birth Defects Monitoring Program” and inserting in place the following “provided further, that not less than $450,000 shall be expended for the Massachusetts Birth Defects Monitoring Program;”.
            The amendment was adopted.
     Mr. Galluccio moves that the bill be amended, in section 2, in item 4512-0200, by adding the following: - “provided further that not less than $75,000 be expended for the Charlestown Substance Abuse Coalition for securing placement of at-risk adults in job training programs, apprenticeships, and permanent employment”.
            The amendment was adopted.
            Mr. Joyce moved that the bill be amended, in section 2, in item 4590-0915, by inserting after the words “pharmacy services” the following:- “; provided further, that $45,000 shall be made available for the position of Volunteer and Development Coordinator at the Massachusetts hospital school”.
            The amendment was adopted.
            Mr. Antonioni moved that the bill be amended, in section 2, in item 5047-0001, by inserting at the end thereof the following:- “provided further, that the department shall require a performance specification to be developed for safe aftercare options for adults upon release from acute inpatient mental health care services”.
            The amendment was adopted.
            Mr. O'Leary moved that the bill be amended, in section 2, in item 4800-0038, by adding at the end thereof the following:- “; provided further, that not less than $35,000 shall be expended for the Barnstable County Council for Children, Youth and Families;”.
            The amendment was adopted.
            Messrs. Tarr, Tisei, Knapik, Hedlund and Brown moved that the bill be amended, in section 2, in item 4100-0060, by adding at the end thereof the following words:- “provided further, that the division shall provide a report not less than quarterly on the projected costs and enrollment figures of Commonwealth Care; provided further, that such report shall be filed with the House and Senate clerks”.
            The amendment was adopted.
            Ms. Wilkerson and Messrs. Galluccio, Augustus, Baddour, Montigny and McGee moved that the bill be amended, in section 2, in item 4590-1506, by striking the figure “$3,000,000” and inserting in place thereof the figure, $3,500,000”.
            The amendment was adopted.
            As previously stated, the above amendments were considered as one, and were adopted.

            There being no objection, the following amendments were considered as one and Rejected, to wit:
            Mr. Rosenberg moved that the bill be amended, in section 2, in item 2200-0100, by adding the following:- “provided further, that not less than $30,000 be expended for erosion protection at the Center Cemetery in the Town of Gill”.
            The amendment was rejected.
            Messrs. Marzilli, Tolman and Galluccio and Ms. Jehlen moved that the bill be amended, in section 2, in item 2800-0700 by adding at the end thereof the following:- “provided further, that not less than $140,000 shall be expended for a hydraulic study of increasing the pumping capacity of the Amelia Earhart Dam on the Mystic River”.
            The amendment was rejected.
            Mr. Hedlund moved that the bill be amended, in section 2, in item 2820-0100, by inserting the following wording:-”provided further, that not less than $250,000 shall be expended for the linked trail system for local and state parks along the Back River in the towns of Weymouth and Hingham;”.
            The amendment was rejected.
            Mr. Hedlund moved that the bill be amended, in section 2, in item 2850-0100, by inserting the following wording:-”provided further, that not less than $2,210,000 be expended for the dredging of Hingham Harbor in the town of Hingham:”.
            The amendment was rejected.
            Mr. Hedlund moved that the bill be amended, in section 2, in item 2820-0100, by inserting the following wording:-”provided further, that not less than $735,000 shall be expended for the Hull Land Conservation Trust for the purposes of protecting wildlife and providing public access to conservation and passive recreation areas in the town of Hull;”.
            The amendment was rejected.
            Mr. Hedlund moved that the bill be amended, in section 2, in item 2800-0500, by inserting the following wording:- provided further, that not less than $75,000 shall be expended for the North and South Rivers Watershed Association for the purposes of restoring the North and South rivers and their tributaries to meet clean water act standards;”.
            The amendment was rejected.
            Ms. Fargo moved that the bill be amended, in section 2, in item 2820-0100, by adding at the end thereof the following:- “provided further, that not less than $25,000 shall be expended for the eradication of invasive aquatic weeds in the town of Lincoln”.
            The amendment was rejected.
            Mr. Moore moved that the bill be amended, in section 2, in item 7007-0900, by adding at the end thereof the following:- “provided further, that not less than $100,000 shall be expended for a grant for the Fino Field Complex in Milford” and in said item, by striking out the figure “$19,202,209” and inserting in place thereof the following figure:- “$19,302,209”.
            The amendment was rejected.
            Mr. Moore moved that the bill be amended, in section 2, in item 2200-0100, by adding at the end thereof the following:- “provided further, that $168,000 shall be expended for sediment control in Lake Webster;” and in said item, by striking out the figure “$35,641,864” and inserting in place thereof the following figure:- “$35,809,864”.
            The amendment was rejected.
            Ms. Spilka and Mr. Brown move that the bill be amended, in section 2, in item 2810-0100, by inserting at the end thereof the following wording:- “; provided further, that not less than $100,000 be expended for eradication of invasive aquatic species in Lake Cochituate State Park”.
            The amendment was rejected.
            Ms. Spilka and Mr. Moore move that the bill be amended, in section 2, in item 2810-0100, by inserting at the end thereof the following wording:- “; provided further, that not less than $100,000 shall be expended for a grant to the town of Hopkinton for the North Pond Dam/Lake Maspenock Dam located in the towns of Hopkinton, Milford, and Upton”.
            The amendment was rejected.
            Ms. Tucker moved that the bill be amended, in section 2, in item 2820-0100, by inserting after the words “city of Boston;” the following:- “provided further, that not less than $60,000 shall be expended to repair the Abe Bashara Boathouse in the city of Lawrence;”.
            The amendment was rejected.
            Mr. Tarr, Mr. Downing and Ms. Candaras moved that the bill be amended, in section 2, in item 2511-0105, by striking out the figures “$12,000,000” and inserting in place thereof the figures “$12,600,000”.
            The amendment was rejected.
            Messrs. Tarr, Hedlund, and Brown moved that the bill be amended, in section 2, in item 2000-0100, by inserting after the words “Cape Cod bay sanctuary program” the words “and provided further, that not lass than $75,000 shall be expended for the Massachusetts bays program to match the funding provided to the program through a federal grant”; and in said item by striking out the figures “7,236,256” and inserting in place thereof the figures “7,311,256”.
            The amendment was rejected.
            Mr. Tarr moved that the bill be amended, in section 2, in item 2800-0100, by inserting at the end the following words:- “provided further, that the department shall develop a sand management plan for the coastal zone extending from Cape Ann to Salisbury and shall seek and available federal funds to defray the costs of doing so”.
            The amendment was rejected.
            Mr. O'Leary moved that the bill be amended, in section 2, in item 2810-0100, by inserting at the end thereof the following:- “provided further, that not less two full-time employees shall be assigned to work at the Manuel F. Correllus State Forest on Martha's Vineyard and the Nantucket State Forest”.
            The amendment was rejected.
            Mr. O'Leary moved that the bill be amended, in section 2, in item 2800-0100, by adding at the end thereof the following:- “; provided further, that not less than $60,000 be expended for the Martha’s Vineyard Commission”.
            The amendment was rejected.
            Mr. Morrissey moved that the bill be amended, in section 2, in item 2810-0100, by inserting after the words “Schooner Ernestina Commission;” the following:- “provided further, that not less than $200,000 shall be expended for the town of Holbrook”.
            The amendment was rejected.
            Mr. Morrissey moved that the bill be amended, in section 2, in item 2810-1000, by inserting after the words, “Schooner Ernestina Commission” the following:-”provided further, that not less than $20,000 shall be expended for Squantum Park in the city of Quincy.”
            The amendment was rejected.
            Messrs. Moore, Augustus, Hedlund, Rosenberg, Timilty, Tarr, Knapik, Ms. Resor and Ms. Spilka moved that the bill be amended by inserting, after Section __, the following new section:-
“SECTION ___. Notwithstanding any general or special law to the contrary, not less than 10 days after the effective date of this act, the comptroller shall transfer $4,250,000 from the General Fund to the Drinking Water Revolving Fund, established pursuant to Chapter 78 of the Acts of 1998.”
            The amendment was rejected.
            Messrs. Petruccelli, Morrissey, McGee, Walsh, Marzilli, Joyce, Hart, Augustus and Ms. Jehlen moved that the bill be amended, in section 2, in item 2820-0100, by striking out the figure “$26,981,754” and inserting in place thereof the following figure:-”$29,917,828”.
            The amendment was rejected.
            Mr. Petruccelli moved that the bill be amended, in section 2, in item 2820-0100, by adding the following: “; and provided further that not less $150,000 shall be expended for the Hill Park and the William G. Reinstein Recreation Complex in the City of Revere”.
            The amendment was rejected.
            Ms. Jehlen and Mr. Galluccio moved that the bill be amended, in section 2, in item 2800-0101 by inserting at the end the following:- “that not less than $200,000 shall be expended for the Mystic River Master Plan”.
            The amendment was rejected.
            Mr. Marzilli moved that the bill be amended, in section 2, in item 2800-0401, by inserting after the words “emergency repairs to roadway drainage” the following:- “provided further, that not less than $300,000 shall be expended for dredging of Alewife Brook” and in said item striking out the figures “944,643” and inserting in place thereof the figures “1,244,643”.
            The amendment was rejected.
            Messrs. Tisei and Brown moved that the bill be amended, in section 2, in item 7006-1000, by striking out the figure “$1,714,580” and inserting in place thereof the following figure:- “1,027,121”.
            The amendment was rejected.
            Mr. Hart moved that the bill be amended, in section 2, in item 2800-0500 by inserting the language after the words “metropolitan beaches commission”, “provided that not less than $400,000 is expended for the maintenance of machinery and beach programming.”; and by striking the figure “$4,020,000” and inserting in place thereof the following figure “$4,420,000”.
            The amendment was rejected.
            Mr. Marzilli moved that the bill be amended, in section 2, in item 2820-9005, by adding the following at the end of the item:- “and provided further, that $30,000 shall be expended on the re-design of Alewife Linear Park in Arlington, Cambridge, Somerville, and Medford”.
            The amendment was rejected.
            Messrs. Joyce and Timilty moved that the bill be amended, in section 2, in item 2000-0100, by inserting the following:- “; provided further, that not less than $100,000 shall be expended for the replacement of the septic system on the property known as “Horizons for Youth” in the Town of Sharon”.
            The amendment was rejected.
            Mr. Joyce moved that the bill be amended, in section 2, in item 2800-9004, by striking out the figure “$425,000” and inserting in place thereof the following figure:- “$500,000”.
            The amendment was rejected.
            Mr. Petruccelli moved that the bill be amended, in section 2, in item 2820-0100, by adding the following: “; and provided further that not less than $25,000 shall be expended for the North End Athletic Association”.
            The amendment was rejected.
            Ms. Jehlen and Mr. Marzilli moved that the bill be amended, in section 2, in item 2800-0100 by inserting, at the end, the following:- “not less than $150,000 shall be expended for a toddler park in the City of Woburn”.
            The amendment was rejected.
            Mr. Brown moved that the bill be amended, in section 2, in item 2820-0100, by inserting the following:- “provided further, that not less than $50,000 shall be expended for the eradication of invasive aquatic weeds in the town of Wayland”.
            The amendment was rejected.
            Ms. Jehlen moved that the bill be amended, in section 2, in item 7007-0900 by inserting after the words “Heritage State Park;” the following:- “provided further, that not less than $250,000 shall be expended for the historic Chevalier auditorium in Medford”.
            The amendment was rejected.
            Mr. Downing moved that the bill be amended, in section 2, in item 7007-0900, by inserting the following: “provided further, that not less than $250,000 shall be expended for the Berkshire Museum, in the city of Pittsfield”.
            The amendment was rejected.
            Mr. Downing moved that the bill be amended, in section 2, in item 7007-0900, by inserting the following: “provided further, that not less than $50,000 shall be available for the Berkshire Opera Company in the city of Pittsfield”.
            The amendment was rejected.
            Mr. Downing moved that the bill be amended, in section 2, in item 7007-0900, by inserting the following: “provided further, that not less than $125,000 shall be made available to the Hancock Shaker Village for educational programming and marketing purposes”.
            The amendment was rejected.
            Mr. Downing moved that the bill be amended, in section 2, in item 7007-0900, by inserting the following: “provided further, that not less than $200,000 shall be expended to the Mahaiwe Performing Arts Center in Great Barrington”.
            The amendment was rejected.
            Mr. Downing moved that the bill be amended, in section 2, in item 7007-0900, by inserting the following: “provided further, that not less than $150,000 shall be expended for the North Adams Armory”.
            The amendment was rejected.
            Mr. Downing moved that the bill be amended, in section 2, in item 7007-0900, by inserting the following: “provided further, that not less than $75,000 shall be available for a public safety enhancement grant for the city of Pittsfield”.
            The amendment was rejected.
            Mr. Downing moved that the bill be amended, in section 2, in item 7007-0900, by inserting the following: “provided further, that not less than $200,000 shall be expended to the Boston Symphony Orchestra for renovation, repairs, design and construction to the grounds at Tanglewood”.
            The amendment was rejected.
            Mr. Downing moved that the bill be amended, in section 2, in item 7007-0900, by inserting the following: “provided further, that $50,000 be expended to the town of Westhampton, to support the renovation and supplement existing funding for the Westhampton town library”.
            The amendment was rejected.
            Ms. Wilkerson and Mr. Moore moved that the bill be amended, in section 2, in item 7004-0099, by inserting after the words “homelessness services” the following: “provided further, that not less than $50,000 shall be expended for operational support for the affordable housing program for formerly homeless individuals at Egleston Crossing in the Dorchester neighborhood of Boston”.
            The amendment was rejected.
            Ms. Wilkerson and Mr. Moore moved that the bill be amended, in section 2, in item 5046-2000, by inserting after the words “homelessness services” the following: “provided further, that not less than $60,000 shall be expended for operational support for the affordable housing program located at 7 Locksley Street in the Jamaica Plain neighborhood of Boston”.
            The amendment was rejected.
            Mr. Downing and Mr. Moore moved that the bill be amended, in section 2, in item 7007-0900, by inserting the following: “provided further, that not less than $200,000 shall be expended as grants for the Bay State Games”.
            The amendment was rejected.
            Ms. Wilkerson and Ms. Creem moved that the bill be amended, in section 2, in item 7003-0702, by inserting after the words “city of Gardner” the following: “; provided further, that not less than $250,000 shall be expended for a workforce skills and training program operated by Human Resources Development Institute, inc.”
            The amendment was rejected.
            Mr. Marzilli moved that the bill be amended, in section 2, in item 7007-0900 by adding at the end thereof the following:- “provided further, that not less than $100,000 shall be expended for School Zone safety projects in Arlington.”
            The amendment was rejected.
            Mr. Marzilli moved that the bill be amended, in section 2, in item 7007-0900 by adding at the end thereof the following:- “provided further, that not less than $100,000 shall be expended for a transportation development grant in Arlington”.
            The amendment was rejected.
            Mr. Hedlund moved that the bill be amended, in section 2, in item 7007-0900, by inserting the following wording:- “provided further, that not less than $120,000 shall be expended for patrols in Wompatuck State Park, Hingham Square and the Hingham Harbor sections of Hingham;”.
            The amendment was rejected.
            Mr. Hedlund moved that the bill be amended, in section 2, in item 7007-0900, by inserting the following wording:- “provided further, that not less than $750,000 shall be expended for amelioration of an area bounded by Middle, Garey and Commercial Streets in the Town of Weymouth;”.
            The amendment was rejected.
            Mr. Moore moved that the bill be amended, in section 2, in item 7007-0900, by adding at the end thereof the following:- “provided further, that not less than $25,000 shall be provided for an emergency preparedness program for the town of Millville;” and in said item, by striking out the figure “$19,202,209” and inserting in place thereof the following figure:- “$19,227,209”.
            The amendment was rejected.
            Mr. Moore moved that the bill be amended, in section 2, in item 7004-0099, by adding at the end thereof the following:- “provided further, that not less than $150,000 shall be provided for disability access services at the Caryville Mill Senior Housing Program and Bellingham Disability Commission.” and in said item, by striking out the figure “$9,580,805” and inserting in place thereof the following figure:- “$9,730,805”.
            The amendment was rejected.
            Mr. Tolman moved that the bill be amended, in section 2, in item 7004-0099, by inserting after the words “the Lowell Wish Project” the following:- “provided further, that not less than $75,000 shall be expended for the continued operation of computer technology centers at the Commonwealth Housing Development, the Jackson Mann Community Center and the Power Up Center at Brighton High School”.
            The amendment was rejected.
            Mr. Baddour moved that the bill be amended, in section 2, in item 7004-0099, by striking out the following:- “provided further, that not less than $40,000 shall be expended for Methuen Arlington Neighborhood” and inserting in place thereof the following:- “provided further, that not less than $75,000 shall be expended for the Methuen Arlington Neighborhood”.
            The amendment was rejected.
            Messrs. Timilty and Brown moved that the bill be amended, in section 2, in item 7007-0900, by inserting the following:- “provided further that $50,000 be provided for the Women at Work Museum in Attleboro”.
            The amendment was rejected.
            Mr. Timilty moved that the bill be amended, in section 2, in item 7007-0900, by adding at the end thereof the following:- “provided further, that not less than $100,000 shall be expended for the Tri-County Chamber of Commerce and Regional Tourism Center for the restoration of the historic White’s Farm House in the Town of Mansfield”.
            The amendment was rejected.
            Mr. Timilty moved that the bill be amended, in section 2, in item 7007-0900, by adding at the end thereof the following: - “provided further, that not less than $50,000 shall be expended for the historic Academy Building in Attleboro”.
            The amendment was rejected.
            Ms. Spilka moves that the bill be amended, in section 2, in item 7007-0702, by inserting at the end thereof the following wording:- “; provided further, that not less than $100,000 shall be expended for training and improvements to a public safety and emergency communications program in the town of Holliston”.
            The amendment was rejected.
            Ms. Spilka and Mr. Brown move that the bill be amended, in section 2, in item 7007-0900, by inserting at the end thereof the following wording:- “; provided further, that not less than $50,000 shall be expended for the preservation of historic documents in the town of Natick”.
            The amendment was rejected.
            Mr. Timilty moved that the bill be amended, in section 2, in item 7004-0099, by adding at the end there of the following:- “provided further, that not less than $175,000 shall be expended for construction plans and bid documents for a new park and recreation building utilizing green technologies in the town of Medfield”.
            The amendment was rejected.
            Ms. Spilka and Mr. Brown move that the bill be amended, in section 2, in item 7007-0900, by inserting at the end thereof the following wording:- “; provided further, that not less than $100,000 shall be expended for the law enforcement technology fund in the town of Franklin”.
            The amendment was rejected.
            Ms. Spilka moves that the bill be amended, in section 2, in item 7007-0900, by inserting at the end thereof the following wording:- “; provided further, that not less than $100,000 shall be expended for the Medway Senior Center”.
            The amendment was rejected.
            Mr. Hart moved that the bill be amended, in section 2, in item 7007-0900, by striking after the words “Cape Cod Economic Development Council” the following language:- “; provided further that not less than $100,000 shall be expended for the Head of the Charles Regatta” and inserting in place thereof the following new language:-“; provided further that not less than $200,000 shall be expended for the Head of the Charles Regatta”; and by striking the figure “19,202,209” and inserting in place thereof the figure: - “19,302, 209”.
            The amendment was rejected.
Messrs. Hart and Marzilli moved that the bill be amended, in section 2, in item 7007-0900, by inserting after the words “regional tourism and economic development” the following:- “; provided further that no less than $250,000 shall be expended for First Night Boston”.
            The amendment was rejected.
            Ms. Tucker moved that the bill be amended, in section 2, in item 7007-0900 by inserting after the words “Freedom’s Way Heritage Commission;” the following:- “provided further, that not less than $200,000 shall be expended to the Town of Andover for a child safety grant;”.
            The amendment was rejected.
            Mr. Tarr moved that the bill be amended, in section 2, in item 7007-0900, by inserting after the words “Samuel Harrison House in the city of Pittsfield”, the following words:- “provided, that not less than $60,000 shall be expended for a re-use planning study of Conomo Point in the Town of Essex”.
            The amendment was rejected.
            Mr. Tarr moved that the bill be amended, in section 2, in item 7007-0900, by inserting after the words “Discover Quincy” the following words:- “provided further, that no less than $100,000 shall be expended for the historic restoration of the Main Pier at the Gloucester Maritime Heritage Center in the port of Gloucester”.
            The amendment was rejected.
            Mr. Tarr moved that the bill be amended, in section 2, in item 7004-0099, by adding at the end thereof the following:- “provided further, that not less than $50,000 shall be expended for the North Shore Housing Trust, Inc.”.
            The amendment was rejected.
            Mr. Baddour moved that the bill be amended, in section 2, in item 7007-0900 by inserting at the end the following:- “provided further, that not less than $50,000 shall be expended for the Salisbury Beach Partnership Maritime Festival;”.
            The amendment was rejected.
            Mr. O'Leary moved that the bill be amended, in section 2, in item 7007-0900, by inserting at the end thereof the following:- “provided further, that not less than $50,000 shall be expended to the Hyannis Athletic Association for a grant to make field improvements and upgrades at McKeon field in Hyannis”.
            The amendment was rejected.
            Mr. O'Leary moved that the bill be amended, in section 2, in item 7007-0900, by inserting at the end thereof the following:- “provided further, that not less than $100,000 shall be expended for the Cape Cod Maritime Museum located in Hyannis”.
            The amendment was rejected.
            Mr. O'Leary moved that the bill be amended, in section 2, in item 7007-0900, by inserting at the end thereof the following:- “provided further that $75,000 shall be expended for the Cultural Center of Cape Cod”.
            The amendment was rejected.
            Messrs. Augustus, Buoniconti, Hart and Montigny, Ms. Jehlen, Ms. Resor, Mr. Antonioni, Ms. Tucker, Mr. Knapik and Ms. Candaras moved that the bill be amended, in section 2, by inserting the following new item:
            “7004-1966 For the loan program established pursuant to section 197E of chapter 111 of the General Laws for lead abatement throughout the commonwealth; provided, that the terms and conditions of such loans will be based on income eligibility criteria and include terms and plans that allow low and moderate-income individuals to defer loan repayment until transfer of the property; provided further, that funds made available herein shall be administered by the department of housing and community development in consultation with the department of public health; provided further, that funds shall be disbursed from this item on a quarterly basis subject to a disbursement plan which shall be filed in advance with the house and senate committees on ways and means; provided further, that such disbursements shall be made upon demonstration of need by the entity selected by the department to implement the program funded herein; and provided further, that funds received for the repayment of loans made under the provisions of this item may be retained and expended without further appropriation for the loan program established pursuant to said section 197E of said chapter 111 .................................................... $4,500,000”.
            The amendment was rejected.
            Ms. Candaras and Mr. Buoniconti moved that the bill be amended, in section 2, in item 7003-0702 by striking the words “provided further, that not less than $200,000 shall be expended for the Massachusetts Career Development Institute in Springfield to provide job training, employability development and career counseling to the unemployed and underemployed” and insert in place thereof the following:- “provided further, that not less than $250,000 shall be expended for the Massachusetts Career Development Institute in Springfield to provide job training, employability development and career counseling to the unemployed and underemployed”.
            The amendment was rejected.
            Mr. O'Leary moved that the bill be amended, in section 2, in item 7007-0900, by inserting at the end thereof the following:- “; provided further, that not less than $75,000 shall be expended as a matching grant for the Josiah Dennis Manse”.
            The amendment was rejected.
            Mr. O'Leary moved that the bill be amended, in section 2, in item 7003-0702, by inserting at the end thereof the following:- “; provided further, that not less than $250,000 shall be expended for Mid Upper Cape Community Health Center for a health center skilled training program on Cape Cod”.
            The amendment was rejected.
            Mr. O'Leary moved that the bill be amended, in section 2, in item 7007-0900, by adding at the end thereof the following words:- “; provided further, that not less than $75,000 of the funds appropriated herein shall be used to assist year round rural theater organizations on the lower and outer Cape through grants for non-prime season operating expenses and audience enhancement initiatives”.
            The amendment was rejected.
            Ms. Candaras and Messrs. Buoniconti and Downing moved that the bill be amended, in section 2, in item 7007-0900 by inserting at the end thereof the following:- “; provided further that not less than $250,000 shall be expended for the Economic Development Council of Western Massachusetts”.
            The amendment was rejected.
            Ms. Candaras and Mr. Buoniconti moved that the bill be amended, in section 2, in item 7007-0300 by inserting at the end thereof the following:- “; provided further, that no less than $250,000 be expended for the Springfield Technical Assistance Program run by the Affiliated Chambers of Commerce of Greater Springfield”.
            The amendment was rejected.
            Mr. Antonioni moved that the bill be amended, in section 2, in item 7007-0900, by inserting at the end thereof the following:- “provided further, that not less than $150,000 be expended for the restoration and repairs to the historical Crocker Field in the city of Fitchburg” and by striking out the figure “$19,202,209” and inserting in place thereof the following figure:- “$19,352,209”.
            The amendment was rejected.
            Ms. Candaras and Mr. Buoniconti moved that the bill be amended, in section 2, in item 7004-0099 by striking the words “provided further that not less than $125,000 shall be expended for the Hungry Hill Community Development Corporation in the city of Springfield” and inserting in place thereof:-- “provided further that not less than $250,000 shall be expended for the Hungry Hill Community Development Corporation in the city of Springfield”.
            The amendment was rejected.
            Ms. Candaras and Mr. Buoniconti moved that the bill be amended, in section 2, in item 7003-0702 by inserting at the end thereof the following: - “; and provided further that not less than $150,000 shall be expended for the Urban League of Springfield Parent Empowerment Program”.
            The amendment was rejected.
            Mr. Morrissey moved that the bill be amended by inserting at the end thereof the following 95 sections:-
            “SECTION 91. Section 18D of chapter 6A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in line 46, the words “telecommunications and energy” and inserting in place thereof the following words:- telecommunications and cable.
            SECTION 92. Section 18E of said chapter 6A, as so appearing, is hereby amended by striking out, in line 3, the words “telecommunications and energy” and inserting in place thereof the following words:- telecommunications and cable.
            SECTION 93. Section 18F of said chapter 6A, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “telecommunications and energy” and inserting in place thereof the following words:- telecommunications and cable.
            SECTION 94. Section 18F of said chapter 6A, as so appearing, is hereby further amended by striking out, in line 6, the words “telecommunications and energy” and inserting in place thereof the following words:- telecommunications and cable.
            SECTION 95. Section 18H ½ of said chapter 6A, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “telecommunications and energy” and inserting in place thereof the following words:- telecommunications and cable.
            SECTION 96. Section 18H ½ of said chapter 6A, as so appearing, is hereby further amended by striking out, in line 8, the words “telecommunications and energy” and inserting in place thereof the following words:- telecommunications and cable.
            SECTION 97. Section 18H ½ of said chapter 6A, as so appearing, is hereby further amended by striking out, in line 18, the words “telecommunications and energy” and inserting in place thereof the following words:- telecommunications and cable.
            SECTION 98. Section 3(b) of chapter 23A, as amended by section 11 of chapter 123 of the Acts of 2006, is hereby amended by striking out, in the third sentence, the words “telecommunications and energy” and inserting in place thereof the following words:- telecommunications and cable.
            SECTION 99. Section 3(b) of said chapter 23A, as inserted by section 11 of chapter 123 of the Acts of 2006, is hereby amended by striking out, in sixth sentence, the words “chairman of department of telecommunications and energy” and inserting in place thereof the following words:- commissioner of the department of telecommunications and cable.
            SECTION 100. Section 2A of chapter 59, as so appearing, is hereby amended by striking out, in line 55, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.
            SECTION 101. Section 40H of chapter 90, as so appearing, is hereby amended by striking out, in line 2, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.
            SECTION 102. Section 43 of chapter 92, as so appearing, is hereby amended by striking out, in line 2, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities or the department of telecommunication and cable.
            SECTION 103. Section 44 of said chapter 92, as so appearing, is hereby amended by striking out, in lines 17 and 18, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities or the department of telecommunication and cable.
            SECTION 104. Section 24 of chapter 93, as so appearing, is hereby amended by striking out, in line 54, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.
            SECTION 105. Section 108 of said chapter 93, as so appearing, is hereby amended by striking out, in line 6, the words “telecommunications and energy” and inserting in place thereof the following words:- telecommunications and cable.
            SECTION 106. Section 8 of chapter 110C, as so appearing, is hereby amended by striking out, in line 4, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.
            SECTION 107. Section 81R of chapter 112, as so appearing, is hereby amended by striking out, in lines 81 and 82, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.
            SECTION 108. Section 34A of chapter 132, as so appearing, is hereby amended by striking out, in lines 12 through 15, the words “telecommunications and energy after public hearing to be required by public necessity or convenience for telephone, telegraph or electric light or power transmission lines, or pipe lines for natural gas” and inserting in place thereof the following words:- public utilities after public hearing to be required by public necessity or convenience for electric light or power transmission lines or pipe lines for natural gas or found by order of the department of telecommunications and cable after public hearing to be required for public necessity or convenience for telephone or telegraph lines.
            SECTION 109. Section 34A of said chapter 132, as so appearing, is hereby further amended by striking out, in line 25, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities if a location for electric light or power transmission lines or pipe lines for natural gas or the department of telecommunications and cable if a location for telephone or telegraph lines.
            SECTION 110. Section 34A of said chapter 132, as so appearing, is hereby further amended by striking out, in line 35, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.
            SECTION 111. Section 34A of said chapter 132, as so appearing, is hereby further amended by striking out, in line 38, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.
            SECTION 112. Section 16 of chapter 132A, as so appearing, is hereby amended by striking out, in lines 14 and 15, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.
            SECTION 113. Section 7 of chapter 141, as so appearing, is hereby amended by striking out, in lines 17 and 18, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.
            SECTION 114. Section 57 of chapter 147, as so appearing, is hereby amended by striking out, in line 18, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.
            SECTION 115. Section 4 of chapter 155, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.
            SECTION 116. Section 5 of said chapter 155, as so appearing, is hereby amended by striking out, in line 1, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.
            SECTION 117. Section 5A of said chapter 155, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.
            SECTION 118. Section 16 of chapter 158, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.
            SECTION 119. Section 7 of chapter 166, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words “telecommunications and energy” and inserting in place thereof the following words:- telecommunications and cable.
            SECTION 120. Section 8 of said chapter 166, as so appearing, is hereby amended by striking out, in line 9, the words “telecommunications and energy” and inserting in place thereof the following words:- telecommunications and cable.
            SECTION 121. Section 1 of chapter 166A, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “‘Commission’, the commission appointed pursuant to section 2 of chapter 25.”
            SECTION 122. Section 2 of said chapter 166A, as most recently amended by chapter 19 of the Acts of 2007, is hereby amended by striking out, the first paragraph and inserting in place thereof the following paragraph:-
            There shall be in the department of telecommunications and cable a division of community antenna television. Subject to section 4 of chapter 25C, the commissioner of the department shall have all the powers and duties under this chapter, including, but not limited to, presiding at hearings pursuant to section 2A; the right to maintain or intervene in an action pursuant to section 12; the authority to hear appeals and issue enforcement orders pursuant to section 14; the authority to regulate rates pursuant to section 15; the authority to adopt regulations pursuant to section 16; its enforcement powers pursuant to section 17; and all other authority to carry out the duties and responsibilities of this chapter. Except as otherwise provided in this chapter, appeals taken from the orders of the department shall be taken in the same manner and according to the same procedure as set forth with respect to the department of public utilities in section 5 of chapter 25.
            SECTION 123. Section 2 of said chapter 166A, as so appearing, is hereby further amended by striking out the second paragraph.
            SECTION 124. Section 2A of said chapter 166A, as so appearing, is hereby amended by striking out, in line 1, the word “director” and inserting in place thereof the following word:- commissioner.
            SECTION 125. Section 2A of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 7, the word “division” and inserting in place thereof the following word:- department.
            SECTION 126. Section 2A of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 8, the word “director” and inserting in place thereof the following word:- commissioner.
            SECTION 127. Section 2A of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 9, the word “director” and inserting in place thereof the following word:- commissioner.
            SECTION 128. Section 2A of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 9, the word “director’s” and inserting in place thereof the following word:- commissioner’s.
            SECTION 129. Section 2A of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 11, the word “director” and inserting in place thereof the following word:- commissioner.
            SECTION 130. Section 4 of said chapter 166A, as so appearing, is hereby amended by striking out, in line 3, the word “division” and inserting in place thereof the following word:- department.
            SECTION 131. Section 7 of said chapter 166A, as so appearing, is hereby amended by striking out, in line 5, the word “division” and inserting in place thereof the following word:- department.
            SECTION 132. Section 8 of said chapter 166A, as so appearing, is hereby amended by striking out, in line 4, the word “division” and inserting in place thereof the following word:- department.
            SECTION 133. Section 8 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 5, the word “division” and inserting in place thereof the following word:- department.
            SECTION 134. Section 8 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 5, the second occurrence of the word “division” and inserting in place thereof the following word:- department.
            SECTION 135. Section 8 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 7, the word “division” and inserting in place thereof the following word:- department.
            SECTION 136. Section 8 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 8, the word “division” and inserting in place thereof the following word:- department.
            SECTION 137. Section 10 of said chapter 166A, as so appearing, is hereby amended by striking out, in line 2, the word “division” and inserting in place thereof the following word:- department.
            SECTION 138. Section 10 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 4, the word “division” and inserting in place thereof the following word:- department.
            SECTION 139. Section 10 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 5, the word “division” and inserting in place thereof the following word:- department.
            SECTION 140. Section 11 of said chapter 166A, as so appearing, is hereby amended by striking out, in line 2, the word “division” and inserting in place thereof the following word:- department.
            SECTION 141. Section 11(c) of said chapter 166A, as so appearing, is hereby amended by striking out, in line 10, the word “division” and inserting in place thereof the following word:- department.
            SECTION 142. Section 11(d) of said chapter 166A, as so appearing, is hereby amended by striking out, in line 12, the word “division” and inserting in place thereof the following word:- department.
            SECTION 143. Section 13 of said chapter 166A, as so appearing, is hereby amended by striking out, in line 4, the word “division” and inserting in place thereof the following word:- department.
            SECTION 144. Section 13 of said chapter 166A, as so appearing, is hereby further amended by striking out the second occurrence, in line 4, of the word “division” and inserting in place thereof the following word:- department.
            SECTION 145. Section 14 of said chapter 166A, as so appearing, is hereby amended by striking out, in line 8, the word “division” and inserting in place thereof the following word:- department.
            SECTION 146. Section 14 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 12, the word “division” and inserting in place thereof the following word:- department.
            SECTION 147. Section 14 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 14, the word “division” and inserting in place thereof the following word:- department.
            SECTION 148. Section 14 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 15, the word “division” and inserting in place thereof the following word:- department.
            SECTION 149. Section 14 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 18, the word “division” and inserting in place thereof the following word:- department.
            SECTION 150. Section 14 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 25, the word “division” and inserting in place thereof the following word:- department.
            SECTION 151. Section 14 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 31, the word “division” and inserting in place thereof the following word:- department.
            SECTION 152. Section 14 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 32, the word “division” and inserting in place thereof the following word:- department.
            SECTION 153. Section 14 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 35, the word “division” and inserting in place thereof the following word:- department.
            SECTION 154. Section 15 of said chapter 166A, as so appearing, is hereby amended by striking out, in line 2, the word “division” and inserting in place thereof the following word:- department.
            SECTION 155. Section 15 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 9, the word “division” and inserting in place thereof the following word:- department.
            SECTION 156. Section 15 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 13, the word “division” and inserting in place thereof the following word:- department.
            SECTION 157. Section 15 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 16, the word “division” and inserting in place thereof the following word:- department.
            SECTION 158. Section 15 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 19, the word “division” and inserting in place thereof the following word:- department.
            SECTION 159. Section 15 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 20, the word “division” and inserting in place thereof the following word:- department.
            SECTION 160. Section 15 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 32, the word “division” and inserting in place thereof the following word:- department.
            SECTION 161. Section 15 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 33, the word “division” and inserting in place thereof the following word:- department.
            SECTION 162. Section 15 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 34, the word “division” and inserting in place thereof the following word:- department.
            SECTION 163. Section 15 of said chapter 166A, as so appearing, is hereby further amended by striking out the fourth paragraph.
            SECTION 164. Section 16 of said chapter 166A, as so appearing, is hereby amended by striking out, in line 1, the word “division” and inserting in place thereof the following word:- department.
            SECTION 165. Section 16 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 4, the word “division” and inserting in place thereof the following word:- department.
            SECTION 166. Section 16 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 7, the word “division” and inserting in place thereof the following word:- department.
            SECTION 167. Section 17 of said chapter 166A, as so appearing, is hereby amended by striking out, in line 1, the word “division” and inserting in place thereof the following word:- department.
            SECTION 168. Section 17 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 4, the word “division” and inserting in place thereof the following word:- department.
            SECTION 169. Section 17 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 5, the word “division” and inserting in place thereof the following word:- department.
            SECTION 170. Section 17 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 9, the word “division” and inserting in place thereof the following word:- department.
            SECTION 171. Section 5 of chapter 167B, as so appearing, is hereby amended by striking out, in lines 76 and 77, the words “telecommunications and energy” and inserting in place thereof the following words:- telecommunications and cable.
            SECTION 172. Section 20 of said chapter 167B, as so appearing, is hereby amended by striking out, in lines 54 and 55, the words “telecommunications and energy” and inserting in place thereof the following words:- telecommunications and cable.
            SECTION 173. Section 1 of chapter 182, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities or the department of telecommunication and cable.
            SECTION 174. Section 32 of chapter 184, as so appearing, is hereby amended by striking out, in lines 95 and 96, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.
            SECTION 175. Section 5 of chapter 187, as so appearing, is hereby amended by striking out, in line 17, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities or the department of telecommunication and cable.
            SECTION 176. Section 5 of said chapter 187, as so appearing, is hereby further amended by striking out, in line 23, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities, or the department of telecommunications and cable,.
            SECTION 177. Section 76 of chapter 233, as so appearing, is hereby amended by striking out, in line 6, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities or the department of telecommunication and cable.
            SECTION 178. Section 44 of said chapter 262, as so appearing, is hereby amended by striking out, in line 1, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.
            SECTION 179. Section 6 of chapter 268, as so appearing, is hereby amended by striking out, in line 3, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities, the department of telecommunications and cable.
            SECTION 180. Section 26 of said chapter 268, as so appearing, is hereby amended by striking out, in lines 5 and 6 , the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.
            SECTION 181. Section 8B of chapter 268A, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “department of telecommunications and energy” and inserting in place thereof the following words:- Commonwealth Utilities Commission.
            SECTION 182. Section 8B of said chapter 268A, as so appearing, is hereby further amended by inserting after the words “chapter 25” in line 2, the words:- or the commissioner of the department of telecommunications and cable.
            SECTION 183. Section 17B of chapter 271, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “telecommunications and energy” and inserting in place thereof the following words:- the department of telecommunications and cable.
            SECTION 184. Section 1 of chapter 25C, as created by chapter 19 of the Acts of 2007, is hereby amended by inserting after the words “chapter 166”, the following words:- and chapter 159.
            SECTION 185. Section 3 of Chapter 40A is hereby amended by replacing the second paragraph with the following new paragraph:
No zoning ordinance or by-law shall regulate or restrict the interior area of a single family residential building nor shall any such ordinance or by-law prohibit, regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. Lands or structures used, or to be used by a public service corporation may be exempted in particular respects from the operation of a zoning ordinance or by-law if, upon petition of the corporation, the department of telecommunications and cable or the department of public utilities, after notice given pursuant to section eleven and public hearing in the town or city, determine the exemptions required and find that the present or proposed use of the land or structure is reasonably necessary for the convenience or welfare of the public; provided, however, that if lands or structures used or to be used by a public service corporation are located in more than one municipality such lands or structures may be exempted in particular respects from the operation of any zoning ordinance or by-law if, upon petition of the corporation, the department of telecommunications and cable or the department of public utilities shall after notice to all affected communities and public hearing in one of said municipalities, determine the exemptions required and find that the present or proposed use of the land or structure is reasonably necessary for the convenience or welfare of the public. For the purpose of this chapter the petition of a public service corporation relating to zoning of a communications or cable facility should be filed with the department of telecommunications and cable. All other petitions shall be filed with the department of public utilities.”
            The amendment was rejected.
            Mr. Morrissey moved that the bill be amended, in section 2, in item 7004-0099, by inserting after the words, “Homeowner Options for Massachusetts Elders;”, the following:- “provided further, that not less than $300,000 shall be expended for a senior center in the city of Quincy”.
            The amendment was rejected.
            Mr. Petruccelli moved that the bill be amended, in section 2, in item 7004-0099, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$150,000”.
            The amendment was rejected.
            Mr. Buoniconti moved that the bill be amended, in section 2, in item 7007-0900, by striking out “provided further that not less than $150,000 shall be expended for the Naismith Memorial Basketball Hall of Fame for the purpose of promoting and hosting the NCAA Men’s Division II Basketball Championship in the City of Springfield” and inserting in place thereof the following words:- “; provided further that not less than $300,000 shall be expended for the Naismith Memorial Basketball Hall of Fame”.
            The amendment was rejected.
            Messrs. Marzilli, Augustus, Buoniconti, Downing, O'Leary, Petruccelli, Ms. Resor, Ms. Spilka and Ms. Tucker moved that the bill be amended in Section 7 by deleting the following words: “(2) after making the transfer required by clause (1), the balance as follows, but if the balance in the fund is insufficient the following transfer shall be proportionately reduced accordingly: $7,000,000 to the Massachusetts Cultural Facilities Fund, established by section 42 of chapter 23G.”; and adding the following words:-
            “Section XX. Notwithstanding any general or special law to the contrary, not less than 10 days after the effective date of this act, the comptroller shall transfer $7,000,000 from the General Fund to the Massachusetts Cultural Facilities Fund, established in section 42 of chapter 23G of the General Laws.”
            The amendment was rejected.
            Mr. Petruccelli moved that the bill be amended, in section 2, in item 7007-0900, by adding the following: “; and provided further that not less than $50,000 shall be expended for the non-profit North End Music and Performing Arts”.
            The amendment was rejected.
            Messrs. Moore, Baddour, O’Leary, Petruccelli, Downing, Marzilli, and Ms. Resor and Spilka moved that the bill be amended by inserting, after Section __, the following new section:-
“SECTION ___. Notwithstanding any general or special law to the contrary, not less than 10 days after the effective date of this act, the comptroller shall transfer $2,000,000 from the General Fund to the District Local Technical Assistance Fund, established in section 2XXX of chapter 29 of the General Laws.”
            The amendment was rejected.
            Messrs. Moore, Hart, Petruccelli, Augustus and Timilty moved that the bill be amended, in section 2, in item 7007-0900, by adding at the end thereof the following:- “provided further, that $150,000 shall be expended for the Old Provincial State House; and provided further, that $500,000 shall be expended for the Old Provincial State House for stabilization and restoration of the building”; and in said item, by striking out the figure “$19,202,209” and inserting in place thereof the following figure:- “$19,852,209”.
            The amendment was rejected.
            Messrs. Marzilli and Petruccelli moved that the bill be amended, in section 2, in item 7007-0900, by inserting at the end thereof the following:- “and provided further, that not less than $75,000 shall be expended for the further collaboration between the Boston Ballet and Opera Boston”.
            The amendment was rejected.
            Mr. Marzilli moved that the bill be amended, in section 2, in item 7007-1000, by striking out the figure “$9,000,000” and inserting in place thereof the following figure:- “$10,000,000”.
            The amendment was rejected.
            Mr. Marzilli moved that the bill be amended, in section 2, in item 7007-0900, by adding the following at the end of the item:- “and provided further, that not less than $50,000 shall be expended on tourism traffic infrastructure to support Arlington’s historic and cultural attractions”.
            The amendment was rejected.
            Mr. Petruccelli moved that the bill be amended, in section 2, in item 7007-0900, by adding the following: “; and provided further that not less than $300,000 shall be expended for the restoration of the recently purchased 5 Lathrop Place”.
            The amendment was rejected.
            Mr. Marzilli moved that the bill be amended, in section 2, in item 7007-0900, by inserting at the end thereof the following:- “and provided further, that not less than $65,000 shall be expended for the Designing an Industry initiative at the Massachusetts College of Art and Design for cluster research and promotion of the statewide design industry”.
            The amendment was rejected.
            Mr. Moore moved that the bill be amended, in section 2, in item 7007-0515, by adding at the end thereof the following:- “provided further, that not less than $50,000 shall be expended for a regional planning and economic development grant to the town of Uxbridge for the Four-Town Regional Economic Planning Project managed collaboratively by the towns of Douglas, Northbridge, Sutton, and Uxbridge;”.
            The amendment was rejected.
            Mr. Petruccelli moved that the bill be amended, in section 2, in item 7007-0900, by adding the following: “; and provided further that not less than $10,000 shall be expended to the Rumney Marsh Burial Ground Restoration Committee for the purpose of rehabilitating the Rumney Marsh Burial Ground in Revere”.
            The amendment was rejected.
            Ms. Candaras moved that the bill be amended, in section 2, in item 7003-0605 by inserting at the end thereof the following:- “; provided further that no less than $600,000 be expended for the city of Springfield for the purpose of economic development in the field of advanced biofuel development in the city, where the term ‘advanced biofuel’ shall be defined as contained in the federal 2007 Energy Independence and Security Act”.
            The amendment was rejected.
            Mr. Tisei moved that the bill be amended, in section 2, in item 7006-0029, by striking out the words “provided further, that not less than $500,000 shall be expended for costs associated with health insurance rate hearings”, and by striking out the figure “$1,100,000” and inserting in place thereof the following figure:- “600,000”.
            The amendment was rejected.
            Messrs. Tisei and Brtown moved that the bill be amended, in section 2, in item 7006-0011, by striking out the following wording:- “; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the commissioner may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system”.
            The amendment was rejected.
            Mr. Tisei moved that the bill be amended, in section 2, in item 7007-0300, by striking out the figure “$3,808,692” and inserting in place thereof the following figure:- “3,540,696”.
            The amendment was rejected.
            Mr. Joyce moved that the bill be amended, in section 2, in item 7007-0900, by inserting the following:- “; provided further, that not less than $50,000 shall be expended for the historic preservation of the David Tilden House in Canton”.
            The amendment was rejected.
            Messrs. Joyce and Creedon moved that the bill be amended, in section 2, in item 7007-0900, by inserting the following:- “; provided further, that not less than $13,750 shall be expended for the photography, brochure creation, printing, and mailing of a project to bring awareness to the historic properties in East Bridgewater and surrounding towns”.
            The amendment was rejected.
            Mr. Buoniconti and Ms. Candaras moved that the bill be amended, in section 2, in item 7003-0702, by inserting at the end thereof the following words:- “; provided further that not less than $150,000 shall be expended for the Puerto Rican Cultural Center in the city of Springfield”.
            The amendment was rejected.
            Messrs. Joyce, Timilty, and Hart moved that the bill be amended, in section 2, in item 7007-0515, by striking out the wording “not less than $125,000 shall be expended to the Massachusetts Alliance for Economic Development”; and inserting in place thereof the following:- “not less than $350,000 shall be expended to the Massachusetts Alliance for Economic Development”, and in said item, by striking out the figure “$725,000” and inserting in place thereof the figure “$950,000”.
            The amendment was rejected.
            Messrs. Buoniconti and Downing and Ms. Candaras moved that the bill be amended, in section 2, in item 7007-0900 by inserting at the end thereof the following words:- “; and provided further that not less than $250,000 shall be expended for the Economic Development Council of Western Massachusetts”.
            The amendment was rejected.
            Messrs. Joyce and Creedon moved that the bill be amended, in section 2, in item 7007-0900, by inserting the following:- “provided further, that not less than $50,000 shall be expended for a restoration project on the Sachem’s Rock Property”.
            The amendment was rejected.
            Messrs. Joyce, Petruccelli, Antonioni, Timilty, Knapik, Downing, and Hart moved that the bill be amended, in section 2, in item 7007-0334, by striking the out the figure “$750,000” and inserting in place thereof the following figure:- “$1,360,697”.
            The amendment was rejected.
            Messrs. Antonioni, Tolman, Walsh, McGee, Augustus and Ms. Candaras moved that the bill be amended, in section 2, in item 7003-0702, by adding at the end thereof the following:- “provided further, that not less than $240,000 be expended for the Massachusetts School of Professional Psychology to recruit and provide career support and workforce retention of graduate students training for careers in public sector behavioral health service delivery”; and in said item, by striking out the figure “$6,363,000” and inserting in place thereof the following figure:- “$6,603,000”.
            The amendment was rejected.
            Mr. Creedon moved that the bill be amended, in section 2, in item 7007-0900, by inserting the following language:- “provided further, that not less than $50,000 shall be expended for the operation and administration of the Commonwealth Cup, a series within the Canadian-American Association of Professional Baseball;”.
            The amendment was rejected.
            Mr. Creedon moved that the bill be amended, in section 2, in item 7007-0900 by inserting the following language:- “provided further, that not less than $50,000 shall be expended for Brockton’s Fuller Craft Museum;”.
            The amendment was rejected.
            Messrs. Hart, Augustus and Ms. Creem moved that the bill be amended, in section 2, in item 7007-0900, by adding the following: “provided further, that not less than $1,000,000 shall be expended for the international education and foreign language grant program fund established pursuant to Section 2VVV of chapter 29 of the General Laws”.
            The amendment was rejected.
            Mr. McGee moved that the bill be amended, in section 2, in item 7002-0100, by striking out the figures “1,362,069” and inserting in place thereof the figures: -”$1,498,977”.
            The amendment was rejected.
            Mr. Brown moved that the bill be amended, in section 2, in item 7004-0099, by inserting the following:- “provided further, that not less than $100,000 be expended for preliminary economic development designs for downtown Needham”.
            The amendment was rejected.
            Mr. Tarr moved that the bill be amended, in section 2, in item 7007-0900, by striking the words “$100,000 shall be expended for the Essex National Heritage Commission Agreement” and inserting in place thereof the following:- “$125,000 shall be expended for the Essex National Heritage Commission Agreement”.
            The amendment was rejected.
            Ms. Tucker and Messrs. Hedlund, Augustus, Joyce, Creedon, Galluccio and Ms. Candaras, and Ms. Wilkerson moved that the bill be amended, in section 2, in item 7004-9005, by striking out the figure “$66,000,000” and inserting in place thereof the following figure:- “$67,000,000”.
            The amendment was rejected.
            Ms. Tucker and Messrs. Montigny, McGee, Joyce, Hart, Galluccio, Ms. Wilkerson and Ms. Candaras moved that the bill be amended, in section 2, in item 7004-2475, by striking out the figure “$5,750,000” and inserting in place thereof the following figure:- “$7,000,000”.
            The amendment was rejected.
            Mr. Hart moved that the bill be amended, in section 2, in 7004-0099, by striking the words “provided further, that not less than $50,000 shall be expended for the Boston Housing Authority for a program to provide certain tenant services for the West Broadway Task Force;” and inserting in place thereof the following: “provided further, that not less than $95,000 shall be expended for the Boston Housing Authority for a program to provide certain tenant services for the West Broadway Task Force;” and in said item, by striking out the figures $8,520,831 and inserting in place thereof the figures “$8,565,831”.
            The amendment was rejected.
            Mr. Morrissey moved that the bill be amended, in section 2, in item 7006-0110, by striking out the figures “$1,977,538” and inserting in place thereof the figures:- “$2,113,360”.
            The amendment was rejected.
            Ms. Menard and Mr. Montigny moved that the bill be amended, in section 2, in item 7003-0702 by including, that not less than $100,000 shall be provided for the Work Certified Program operated by the Greater New Bedford Workforce Investment Board, Inc.
            The amendment was rejected.
            Messrs. Downing and Rosenberg moved that the bill be amended, in section 2, in item 7061-9404, by inserting the following: “provided further, that $30,000 shall be expended to provide matching grants for Early Intervention Tutorial Literacy teachers in each of the towns of Dalton and Bernardston to provide literacy intervention services for students in danger of failure on the MCAS test”.
            The amendment was rejected.
            Ms. Wilkerson and Mr. Galluccio moved that the bill be amended, in section 2, in item 7100-0200, in line 12 by inserting after the words “department of public health” the following: “provided further, that not less than $368,000 shall be expended for the Mauricio Gaston Institute for Latino Development and Public Policy at the University of Massachusetts at Boston”.
            The amendment was rejected.
            Ms. Wilkerson and Mr. McGee moved that the bill be amended, in section 2, in item 4800-0038, by inserting at the end thereof the words “; provided further, that not less than $140,000 shall be expended for the Comprehensive School Age Parenting Program, Inc. for maintaining and expanding its year-round school based programs in Boston high schools, middle schools, pilot schools, and small schools education complexes for pregnant teens, young mothers and fathers and other youth at high risk for school drop out”.
            The amendment was rejected.
            Ms. Spilka moves that the bill be amended, in section 2, in item 7061-9404, by inserting at the end thereof the following wording:- “; provided further that, not less than $50,000 shall be expended for the Reducing the Achievement Gaps program operated by the United Way of Tri-County in collaboration with Jewish Family Service of MetroWest and the Framingham School Department”.
            The amendment was rejected.
            Ms. Spilka moved that the bill be amended, in section 2, in item 7061-9404, by inserting at the end thereof the following wording:- “; provided further, that not less than $370,000 shall be allocated to the Framingham public schools to evaluate existing dual immersion programs in the town of Framingham and elsewhere in the Commonwealth, including an evaluation of best practices and all professional development related to these programs”.
            The amendment was rejected.
            Mr. Knapik moved that the bill be amended, in section 2, by inserting after item 7506-0100 the following new item:-
            “7506-0101 For the Engaging Latino Communities for Education program at Holyoke Community College………….….$200,000”.
            The amendment was rejected.
            Messrs. Brewer, Rosenberg, Downing, Antonioni, and Moore moved that the bill be amended, in section 2, in item 7035-0006, by inserting at the end the following:- “provided further, that the Department shall study district needs for additional assistance in the wake of rising fuel costs; provided further, that the commission shall provide results of the study to the chairpersons of the house and senate ways and means committees not later than December 31, 2008”.
            The amendment was rejected.
            Mr. Antonioni moved that the bill be amended, in section 2, in item 7061-0012, by inserting after the words “voluntary residential placement prevention program administered by that department;” the following words:- “provided further, that not less than $500,000 shall be expended for the interagency “Complex Systems Communication Project” pilot;” and by striking out the figure “$226,043,700” and inserting in place thereof the following figure:- “$226,543,700”.
            The amendment was rejected.
            Messrs. Antonioni and Galluccio moved that the bill be amended, in section 2, by inserting after line item 7061-0029 the following new line item:-
            “7061-0222     For grants issued by the department of elementary and secondary education on a competitive basis to school departments for targeted intervention for the purpose of establishing low-class size classrooms in grades K-3, starting in FY09 with kindergarten, to assist the schools in improving their performance and to establish the efficacy of such a program in reducing gaps in achievement between at-risk and other children; provided further that the grants shall be used for establishing a class size of 15-17 pupils for kindergartens in the selected schools, planning, professional development, and other activities that enhance the capacity of the schools to develop a successful program; provided further that an evaluation/research component be included by the department to assess the efficacy of reduced class size in the early years in enhancing student achievement; provided further that the department may allocate a reasonable sum for evaluation/research and administration; provided further that the department may set additional criteria in awarding the grants, such as geographic distribution or diversity of size or types of school systems; and provided further, that said grants shall be coordinated by the department with all efforts undertaken through item 7061-9408……….$400,000”.
            The amendment was rejected.
            Mr. Antonioni moved that the bill be amended, in section 2, in item 7010-0005 by inserting after the words “prevention efforts” the following:- “; provided further that not less than $100,000 shall be expended for the operation of the advisory councils to the Board of Elementary and Secondary Education pursuant to section 1G of chapter 15 of the General Laws”; and in said item by striking the figure “$16,580,047” and inserting in place thereof the following:- “$16,680,047”.
            The amendment was rejected.
            Messrs. Augustus, Buoniconti, Antonioni, O’Leary, Ms. Candaras and Messrs. Hart, Montigny and Pacheco moved that the bill be amended, in section 2, in item 7061-9610, by striking the figure, “$475,000” and inserting in place thereof the figure, “$600,000”.
            The amendment was rejected.
            Mr. Antonioni moved that the bill be amended, in section 2, in item 7009-6379 by striking out the figure “$500,000” and inserting in place thereof the following figure:-”$947,092”.
            The amendment was rejected.
            Mr. Antonioni moved that the bill be amended, in section 2, in item 7030-1002, by inserting after the words “subsequent fiscal years;” the following words:- “provided further, that grants may be awarded in the first year of transition to full-day kindergarten implementation as a transition to chapter 70 funding in subsequent years; provided further, that all public kindergarten programs in the commonwealth shall be eligible to apply for grants;”; and in said item, by striking out the figure “$33,802,216” and inserting in place thereof the following figure:- “$42,175,651”.
            The amendment was rejected.
            Messrs. Antonioni and Timilty moved that the bill be amended, in section 2, in item 7030-1005 by striking out the figure “$2,900,000” and inserting in place thereof the following figure:- “$3,100,000”.
            The amendment was rejected.
            Mr. Morrissey, Ms. Resor and Ms. Spilka moved that the bill be amended, in section 2, in item 7100-0700, by striking out the figure “$166,440” and inserting in place thereof the following figure:- “$366,440”.
            The amendment was rejected.
            Mr.. Antonioni and Ms. Menard moved that the bill be amended, in section 2, in item 3000-7070, by striking out the figure “$1,000,000” and inserting in place thereof the following figure:- “$1,300,000” and in said item by striking out the figure “$4,000,000” and inserting in place thereof the following:- “$4,300,000”.
            The amendment was rejected.
            Ms. Spilka, Ms. Jehlen, Messrs. Montigny, Joyce McGee and Tarr move that the bill be amended, in section 2, in item 3000-2050, by striking out the figure “$1,349,658” and inserting in place thereof the following figure:- “$1,415,054”.
            The amendment was rejected.
            Messrs. Antonioni, Moore and Joyce moved that the bill be amended, in section 2, by inserting after item 7035-0002 the following new item:
            “7035-0004     For reimbursements to cities, towns, regional school districts, and independent vocational schools for certain expenditures for transportation of pupils pursuant to section 1I of Chapter 15 of the General Law’s, sections 7A, 7B, and 37D, of chapter 71 of the General Laws, section 8 of chapter 71A of the General Laws, and Section 14 of Chapter 71B of the General Laws; provided that of the amount appropriated in this item not less that $750,000 shall be obligated for the implementation of chapter 663 of the acts of 1983; provided further, that a school district that transports or pays for the transportation of public school children grades 7 to 12, inclusive, shall provide transportation or payment for transportation for non-public school children in the same grades; provided further, that any city, town, or regional school district or independent vocational school which has not accepted chapter 663 of the acts of 1983 shall be ineligible for any reimbursement of costs incurred during fiscal year 2008 under this item or for reimbursement of such costs under any General law referred to in this item and provided further, a school district may require public and non public students to pay for non mandated transportation pursuant to the provisions of G.L.c. 71, S.68; and provided further, that notwithstanding any general or special law to the contrary, the commonwealth’s obligation shall not exceed the amount appropriated in this item…………………………………………………………………………$10,000,000”.
            The amendment was rejected.
            Mr. Tisei moved that the bill be amended, in section 2, in item 7061-9611, by striking out the figure “$5,450,000” and inserting in place thereof the following figure:- “2,000,000”.
            The amendment was rejected.
            Mr. Tisei moved that the bill be amended, in section 2, in item 3000-6050, by striking out the figure “$3,658,000” and inserting in place thereof the following figure:- “3,108,000”.
            The amendment was rejected.
            Ms. Spilka and Mr. Marzilli move to amend the bill in section 2, by inserting after item 7100-0700 the following item:
            “7100-0801 For the Massachusetts technology transfer center, established pursuant to section 45 of chapter 75 of the General Laws ……………………..$200,000”.
            The amendment was rejected.
            Ms. Resor, Ms. Creem, Ms. Jehlen, Mr. Augustus, Ms. Fargo and Mr. Tarr moved that the bill be amended, in section 2, in item 7100-0300, by inserting at the end thereof the following:- “; provided further, that not less than $250,000 shall be expended for research on breast cancer prevention performed in collaboration with the University of Massachusetts at Lowell, the Silent Spring Institute, and the Massachusetts Breast Cancer Coalition”.
            The amendment was rejected.
            Messrs. Hart, McGee, Tarr and Ms. Resor, moved that the bill be amended by inserting, after Section 85 the following new section:
            “SECTION __. Notwithstanding any other general or special law to the contrary, 10 days after the effective date of this act, the comptroller shall transfer $1,000,000 from the General Fund to the CITI Fund established pursuant to section 2TTT of chapter 29 of the General Laws, a portion of which is to be spent on specific activities with the Boston Advanced Technological Education Connections (BATEC) as approved by the CITI Advisory Board”.
            The amendment was rejected.
            Mr. Tisei moved that the bill be amended, in section 2, in item 3000-3050, by striking out the figure “$79,091,314” and inserting in place thereof the following figure:- “73,194,722”.
            The amendment was rejected.
            Ms. Spilka, Messrs. O'Leary, McGee and Antonioni, Ms. Jehlen and Ms. Tucker moved that the bill be amended, in section 2, in item 7066-0000, by inserting at the end thereof the following wording:- “; provided further, that not less than $1,000,000 shall be expended for a Social Worker Loan Forgiveness Program, to increase access to child protective services and social work services in geographic and programmatic areas of high need in the Commonwealth”.
            The amendment was rejected.
            Ms. Spilka, Messrs. O'Leary, McGee and Antonioni and Ms. Jehlen move that the bill be amended by inserting after Section _____, the following new Section:-
            “SECTION ____. Notwithstanding the provisions of any other general or special law to the contrary, the board of higher education, established pursuant to section 4 of chapter 15A, shall, subject to appropriation, establish a social worker student loan repayment program for the purpose of increasing access to child protective services and social work services in geographic and programmatic areas of high need in the Commonwealth. The program shall be administered by the board of higher education in accordance with guidelines promulgated by the board of higher education in collaboration with the executive of health and human services. Eligibility shall be limited to social workers licensed under chapter one hundred twelve who have completed a baccalaureate or masters degree in social work in a public or private college or university; to persons entering the social work profession after July 1, 2008; and to licensed social workers employed in child protective services or in a geographic or programmatic setting defined as high need according to guidelines established by the board of higher education in collaboration with the executive office of health and human services. Repayment of a participating social worker’s student loan shall be at a rate not to exceed one hundred and fifty dollars per month for a period not to exceed forty-eight months and shall be made to the participating social worker annually upon the presentation by the participating social worker of satisfactory evidence of payments under the loan.”
            The amendment was rejected.
            Mr. Joyce moved that the bill be amended, in section 2, in item 7061-9404, by inserting the following:- “provided further, that not less than $300,000 be expended for a pilot Science Enrichment Program for the Randolph Public Schools including, but not limited to, providing educational opportunities in robotics and new programs designed to increase participation and success in Science Fairs”.
            The amendment was rejected.
            Mr. Buoniconti moved that the bill be amended, in section 2, in item 7514-0100, by inserting at the end thereof the following words:- “; provided further that not less than $200,000 shall be expended for the dental hygienist program”; and by striking out the figure “$25,165,995” and inserting in place the figure “$25,365,995”
            The amendment was rejected.
            Messrs. Antonioni, Montigny, Augustus Timilty and Ms. Tucker moved that the bill be amended, in section 2, in item 3000-2000, by inserting after the words “as defined by the department;” the following words:- “provided further, an additional $250,000 shall be made available by the department of early education and care for the administration of the vouchers by child care resource and referral agencies;”; and by striking out the figure “$25,060,771” and inserting in place thereof the following figure:- “25,410,771”.
            The amendment was rejected.
            Messrs. O'Leary, Augustus and Moore, Ms. Candaras, Mr. Timilty and Ms. Tucker moved that the bill be amended, in section 2, in item 7027-0016, by inserting at the end thereof the following:- “; provided further, that not less than $200,000 shall be provided for the Diploma Plus dropout prevention program in partnership with the Commonwealth Corporation and the Massachusetts Department of Elementary and Secondary Education”.
            The amendment was rejected.
            Mr. Joyce moved that the bill be amended, in section 2, in item 7061-9408, by inserting the following:- “; provided further, that not less than $583,000 be expended for instructional coaches for the Randolph Public Schools”.
            The amendment was rejected.
            Mr. Joyce moved that the bill be amended, in section 2, in item 7035-0002, by inserting the following:- “; provided further, that not less then $100,000 shall be expended for the expansion of the Randolph Community Partnership Program”.
            The amendment was rejected.
            Messrs. O'Leary, Rosenberg, Moore, Creedon, Augustus and Petruccelli, Ms. Resor, Mr. Moore, Ms. Candaras, Messrs. Joyce, Downing, Knapik Montigny, Timilty, and Ms. Tucker moved that the bill be amended, in section 2, in item 7070-0065, by striking out the figures “$29,912,018” and inserting in place thereof the figures “$34,912,018”.
            The amendment was rejected.
            Messrs. O'Leary and Petruccelli and Ms. Tucker moved that the bill be amended, in section 2, by inserting after item 7066-0000 the following new item:-
            “7066-0004………………For the implementation of the Accuplacer early assessment initiative at the board of higher education, provided that the board may engage in intergovernmental service agreements with the department of education to streamline and improve administration of the program………………………..$896,500”.
            The amendment was rejected.
            Messrs. O'Leary, Petruccelli and Moore, Ms. Candaras, Mr. Montigny and Ms. Resor moved that the bill be amended, in section 2, by inserting after item 0610-0060 the following new item:-
            0610-0070      For the Commonwealth Covenant Trust Fund; provided that $250,000 be expended for the administration of said fund …….……. “$3,750,000”.
            The amendment was rejected.
            Messrs. O'Leary and Petruccelli moved that the bill be amended, in section 2, in item 7504-0100, by inserting at the end thereof the following:- provided further, that $50,000 be provided for a partnership with Wheelock College to prepare needed early childhood educators and support the completion of their degrees”.
            The amendment was rejected.
            Messrs. Antonioni, Creedon, Petruccelli, Augustus, Buoniconti, Timilty, Galluccio and Joyce, Ms. Spilka, Messrs. Knapik Montigny, Pacheco and Ms. Tucker moved that the bill be amended, in section 2, in item 3000-5075, by inserting after the words “median income;” the following:- “provided further, that funds may also be used to leverage and enhance community-wide capacity building efforts within statewide parameters established by the board;”; and by inserting after the words “Child Development Associate credential” the following:- “or higher;” and by striking out the figure “12,138,739” and inserting in place thereof the following figure:- “13,138,739”.
            The amendment was rejected.
            Messrs. Creedon, Antonioni Joyce and Ms. Tucker moved that the bill be amended, in section 2, in item 3000-4060, by inserting after the words “vouchers funded in fiscal year 2008” the following:- “provided further, that $47,761,095 shall be expended to provide preschool direct services to eligible children through the local councils funded in item 3000-2000 in chapter 139 of the acts of 2006; provided further, that said funds shall be provided only to councils which provided direct services to children through item 3000-4000 in fiscal year 2007; provided further, that programs receiving funding through said councils in fiscal year 2009 shall meet the quality standards required by programs funded through item 3000-4000 in fiscal year 2007; provided further, that said councils shall receive grants sufficient to ensure that any child receiving services through the councils on July 1, 2008, shall continue to receive services on the same terms and conditions as during fiscal year 2008;”.
            The amendment was rejected.
            Messrs. Creedon, Pacheco, Joyce, McGee, Montigny, Morrissey and Ms. Menard moved that the bill be amended, in section 2, in item 7027-0016, by striking the wording:- “and provided further, that not less than $50,000 shall be expended for MY TURN, INC. for the purpose of school to work activities, connecting to college activities and youth workforce development activities.” And inserting the wording:- “and provided further, that not less than $150,000 shall be expended for MY TURN, INC. for the purpose of school to work activities, connecting to college activities and youth workforce development activities”.
            The amendment was rejected.
            Mr. O'Leary and Ms. Wilkerson moved that the bill be amended by inserting at the end thereof the following new section:-
            “SECTION __ (a) Notwithstanding any general or special law to the contrary, the Massachusetts College of Art and Design shall submit to the secretary of education and the board of higher education, a plan under clause (p) of section 22 of chapter 15A of the General Laws for the college. The plan shall be updated every 5 years and all updates shall be submitted to the secretary of education and the board of higher education. The plan and any update thereto shall establish tuition rates and admission standards for the college, and shall ensure that the number of undergraduate degree candidates who are Massachusetts residents enrolled in the college shall not be less than 60% of the total number or undergraduate degree candidates enrolled, or the number of Massachusetts residents enrolled on October 1, 2002, whichever is greater. In-state tuition rates for the college shall preserve affordability for Massachusetts residents. Out-of-state tuition rates shall appropriately balance the financial needs of the college with the need to be competitive with peer institutions regionally and nationwide.    The plan and any update thereto shall include, but shall not be limited to, budget and enrollment projections for each year, projections for total student charges for each year, projections for in-state and out-of-state enrollments for each year, provisions for performance standards specific to the mission of the college and a system for measuring progress in achieving the performance standards to be used in place of performance measurement systems under section 7A of chapter 15A of the General Laws, and plans to ensure continuing access to the institution by residents of the commonwealth and to maintain and increase access for economically disadvantaged and minority students. Within 90 days of the submission of a plan or any update thereto, the secretary and the board, shall approve the plan or any update thereto, or shall return it to the college with suggested changes. If the secretary and the board take no action within 90 days of receipt of the plan or any update thereto, it shall be considered approved. The Massachusetts College of Art and Design shall file a copy of the plan, or any update thereto, with the joint committee on higher education at the time of submission to the secretary of education and the board of higher education for review and comment by the committee. The college shall annually submit the results of its performance measurement system to the secretary of education, the board of higher education and the joint committee on higher education.
            (b) Notwithstanding any general or special law to the contrary, all tuition and fees received by the board of trustees of the Massachusetts College of Art and Design under this act shall be retained by the board of trustees of that institution in a revolving trust fund or funds and shall be expended as the board of trustees may direct for the operation and support of the institution. Any balance in a trust fund at the end of a fiscal year shall continue to be held in the trust fund, shall remain available for expenditure in subsequent fiscal years and shall not revert to the General Fund. All such trust funds shall be subject to audit by the state auditor. For employees of the Massachusetts College of Art and Design who are paid from tuition retained under this act, fringe benefits and any collective bargaining increases shall be funded as if those employees’ salaries were supported by state appropriations.”.
            The amendment was rejected.
            Messrs. Brown and Petruccelli moved that the bill be amended by inserting, after Section 90, the following new Section:-
            “SECTION 91. Chapter 15A of the General Laws is hereby amended by inserting after section 5 the following section:-
Section 5A. For the purposes of this chapter, those community colleges within the system of public institutions of higher education described in section 5 shall collectively be known as the Governor Foster Furcolo Community College System.”
            The amendment was rejected.
            Messrs. Antonioni, Augustus and Marzilli Galluccio, Hart, Pacheco, Petruccelli, Timilty, and Ms. Fargo, Ms. Creem, Ms. Tucker, and Ms. Wilkerson moved that the bill be amended, in section 2, in item 7010-0216, by inserting at the end thereof the following:- “; provided further that not less than $750,000 per year shall be expended by the department to develop and field test diagnostic and other supports for licensure candidates who fail one or more of the required teacher tests and to develop valid and reliable performance assessments to measure said candidates ability to teach;. provided further that not less than $2,000,000 per year shall be expended by the department of elementary and secondary education to conduct 3 year pilot programs designed to improve educator quality; provided that said pilot programs be conducted by school districts, educational collaboratives, or other regional entities identified by the department for the purpose of designing, developing and implementing comprehensive, systematic and standards-based approaches to educator support and ongoing development; provided that the pilot programs are based on a common core of professional knowledge and implement a plan to provide sustainable, systemic training and support for educators in their first three years of work in schools; provided that plans align and redesign teacher hiring and recruitment; teacher supervision and evaluation; professional development; career advancement and teacher leadership; school structure; and school and district culture; provided further that priority in the first year shall be given to development of professional teaching standards that include the common core of professional knowledge; provided further that the development of these teaching standards by the department shall occur in collaboration with the Working Group for Educator Excellence, a coalition of education associations, business groups, and legislators and the educational personnel advisory council to the board of elementary and secondary education pursuant to section 1G of chapter 15; provided further, that the department shall include external partners, including, but not limited to, the Working Group for Educator Excellence in developing and evaluating the pilot; provided further that the department shall hire staff to manage and support the planning and implementation of said pilots; provided further, that the department shall issue an initial report, not later than February 15, 2009 and updated reports on February 15, 2010 and 2011 on the implementation of this initiative; provided further, that said report shall be provided to the secretary of administration and finance, the senate president, the speaker of the house, the chairs of the house and senate ways and means committees and the house and senate chairs of the joint committee on education; and provided further, that for the purpose of this item, appropriated funds may be expended through August 31, 2009, to allow for activities which occur in the summer months”; and in said line item by striking out the figure “$595,881” and inserting in place thereof the following:- “3,345,881”.
            The amendment was rejected.
            Mr. O'Leary and Ms. Tucker moved that the bill be amended, in section 2, in item 7070-0065, by striking the figure “$4,000,000” and inserting in place thereof the figure”$6,000,000”.
            The amendment was rejected.
            Mr. Antonioni, Ms. Candaras Messrs. Galluccio, Augustus, Joyce and Ms. Resor moved that the bill be amended, in section 2, in item 7061-9804, by inserting after the words “content knowledge;” the following:- “provided further, that not less than $250,000 shall be expended for the Massachusetts Math and Science Initiative for the purpose of providing grants to no less than 10 school districts for teacher training for advanced placement instruction;”; and in said item by striking out the figure “$891,367” and inserting in place thereof the following figure:- “$1,141,367”.
            The amendment was rejected.
            Ms. Menard moved that the bill be amended, in section 2, in item 7061-9611 by striking out the figure “$5,450,000” and inserting at the end thereof:- “;provided further that not less than 100,000 be expended for civic engagement education and involvement by high school students for “The Be The Change Global Village Program” sponsored by the Empower Peace Foundation………………………………..$5,550,000”.
            The amendment was rejected.
            Mr. Antonioni and Ms. Resor, move that the bill be amended, in section 2, in item 7100-0220 by striking out striking out the words “provided further, that the sum expended for the UMASS Extension in fiscal year 2009 shall be adjusted only in direct proportion to university budget adjustments to other academic programs of the University of Massachusetts at Amherst; provided further, that such funds shall be expended in accordance with a plan reviewed and recommended by the UMASS Extension Board of Public Overseers;” and inserting in place thereof the following words:- “ provided further, that not less than $2,800,000 shall be expended in fiscal year 2009 for the University of Massachusetts Extension; provided further, that such funds shall be expended under a plan reviewed and recommended by the UMASS Extension Board of Public Overseers;”.
            The amendment was rejected.
            Messrs. Antonioni, McGee, Joyce, Timilty and Galluccio, Ms. Spilka, Ms. Menard, Mr. Augustus, Ms. Candaras, Ms. Jehlen, Messrs. Moore and Petruccelli, and Ms. Wilkerson move that the bill be amended, in section 2, in item by inserting at the end thereof the following:- “provided further, that not less than $1,000,000 shall be transferred to JFY Networks, a non-profit corporation formerly Jobs for Youth, for a matching grant for the purposes of enhancing student on the Massachusetts Comprehensive Assessment System examination through instructional computer software;”.
            The amendment was rejected.
            Messrs. Brown, Knapik and Tarr moved that the bill be amended by inserting, after Section 90, the following new Section:-
            “SECTION 91. Chapter 15A of the General Laws is hereby amended by inserting after section 5 the following section:-
Section 5A. For the purposes of this chapter, those community colleges within the system of public institutions of higher education described in section 5 shall collectively be known as the Governor Foster Furcolo Community College System.”
            The amendment was rejected.
            Messrs. Brown and Hedlund moved that the bill be amended, in section 2, in item 7100-0200, by striking out the figure “$495,417,600” and inserting in place thereof the following figure:- “$494,417,600”; and in item 7070-0065 by striking out the figure “$96,875,218” and inserting in place thereof the following figure:- “$97,875,218”.
            The amendment was rejected.
            Ms. Menard, Ms. Candaras, Ms. Jehlen and Messrs. Antonioni, Augustus, Buoniconti, Pacheco, Petruccelli, and Timilty moved that the bill be amended, in section 2, in item 7027-0016:- by including at the end after the word activities by adding the following, “;provided further, that not less than $245,000 shall be made available to Junior Achievements of Massachusetts, of which not less than $75,000 shall be provided to Junior Achievement of Eastern Massachusetts, and further, of which not less than $60,000 shall be provided to Junior Achievement of Central Massachusetts, and further, of which not less than $60,000 shall be provided to Junior Achievement of Southern Massachusetts, and further, of which not less than $50,000 shall be provided to Junior Achievement of Western Massachusetts;”.
            The amendment was rejected.
            Ms. Wilkerson moved that the bill be amended, in section 2, in item 8000-0110, by striking out the words” “(c) limit the distribution of criminal offender record information to conviction data and data regarding any pending criminal charge, except as otherwise authorized by law; and (d) require that any entity other than a criminal justice agency that receives a criminal offender record information report from the board as to an individual and, as a result of that report, is inclined to make an adverse decision as to the individual, shall, before making a final decision, afford the individual an opportunity to dispute the accuracy and relevance of the criminal offender record information report.” and inserting in place thereof the following words: and (c) limit, notwithstanding clause (c) in the first paragraph of section 172, chapter 6, of the Massachusetts General Laws, the distribution of criminal offender record information to conviction data and data regarding any pending criminal charge, except as otherwise specifically granted by a separate statute relating to a particular agency, entity or class of entities; provided further, that not later than January 1, 2009, the board shall file a report with the house and senate committees on ways and means detailing the steps the board has taken to implement the preceding proviso and the success of those steps in improving the accuracy of the criminal offender record information system”.
            The amendment was rejected.
            Messrs. Knapik and Brown moved that the bill be amended by inserting after Section 90, the following new Section:-
            “SECTION 91. The Executive Office of Public Safety along with the Massachusetts State Police shall conduct a study of ticketing practices on all Massachusetts State Highways encompassing the time period between July 2007 and July 2008. Said study shall include but not be limited to: number of tickets issued by the Massachusetts State Police on Routes 93, 95/128, 495, and 91, daily and annually; number of officers on said highway at one time; ratio of tickets per mile issued on said highway; rate of tickets per mile as it relates to the amount of revenue generated from issued tickets. Said report shall be filed with the House and Senate Committees on Ways and Means.”
            The amendment was rejected.
            Mr. Moore moved that the bill be amended, in section 2, in item 7007-0900, by adding at the end thereof the following:- “provided further, that not less than $50,000 shall be provided for a public safety grant for the town of Uxbridge;”; and in said item, by striking out the figure “$19,202,209” and inserting in place thereof the following figure:- “$19,252,209”.
            The amendment was rejected.
            Mr. Moore moved that the bill be amended, in section 2, in item 7007-0900, by adding at the end thereof the following:- “provided further, that not less than $17,100 shall be expended for a technology grant for the Hopedale Police Department;”; and in said item, by striking out the figure “$19,202,209” and inserting in place thereof the following figure:- “$19,219,814”.
            The amendment was rejected.
            Mr. Moore moved that the bill be amended, in section 2, in item 7007-0900, by adding at the end thereof the following:- “provided further, that not less than $100,000 shall be expended for a public safety program in the town of Dudley;”; and in said item, by striking out the figure “$19,202,209” and inserting in place thereof the following figure:- “$19,302,209”.
            The amendment was rejected.
            Mr. Tolman moved that the bill be amended, in section 2, in item 8700-0001, by striking out the figure “$9,140,782” and inserting in place thereof the following figure:-“9,207,659”.
            The amendment was rejected.
            Messrs. Baddour and Tarr moved that the bill be amended, in section 2, in item 8200-0200 by inserting after the words “town of Boylston;” the following:- “provided further that not less than $25,000 shall be expended to the town of Salisbury as startup funding for the new Essex County Police Institute, a reserve officer training academy”.
            The amendment was rejected.
            Mr. Timilty and Ms. Tucker moved that the bill be amended, in section 2, in item 8000-0054, by striking out the figures “$4,000,000” and inserting in place thereof the figures “$8,000,000”.
            The amendment was rejected.
            Mr. Timilty moved that the bill be amended, in section 2, in item 8950-0001, by striking out the figures “$18,963,004” and inserting in place thereof the figures “$20,611,578”.
            The amendment was rejected.
            Mr. Timilty moved that the bill be amended, in section 2, in item 8315-1025, by striking out the figures “$80,000” and inserting in place thereof the figures “$130,000”.
            The amendment was rejected.
            Mr. Timilty moved that the bill be amended, in section 2, in item 8000-0202, is hereby amended by striking out the following:- “provided, that no funds shall be expended in the AA object class; and”.
            The amendment was rejected.
            Mr. Timilty moved that the bill be amended, in section 2, in item 8900-0001, by striking out the figures “$530,386,205” and inserting in place thereof the figures “$534,773,077”.
            The amendment was rejected.
            Mr. Timilty moved that the bill be amended, in section 2, in item 8324-0000, by striking out the following words:- “provided further, that notwithstanding any general or special law to the contrary, funds scheduled in the PP object class, pursuant to Section 27 of Chapter 29 of the General Laws for this item in fiscal year 2009 shall not be transferred to any other object class in said fiscal year;”.
            The amendment was rejected.
            Mr. Rosenberg moved that the bill be amended, in section 2, in item 8910-0110 by striking out the figure “$12,890,012” and inserting in place thereof the figure “13,090,012”.
            The amendment was rejected.
            Messrs. Tarr and Brown moved that the bill be amended, in section 2, in item 8324-0000, by striking out the following words:- “provided further, that notwithstanding any general or special law to the contrary, funds scheduled in the PP object class pursuant to Section 27 of Chapter 29 of the General Laws for this item in fiscal year 2009 shall not be transferred to any other object class in said fiscal year”.
            The amendment was rejected.
            Messrs. Buoniconti, Knapik and Ms. Candaras moved that the bill be amended, in section 2, in item 8910-0102, by striking out the figure “$73,973,122” and inserting in place thereof the figure “$74,534,643”.
            The amendment was rejected.
            Mr. Timilty moved that the bill be amended, in section 2b, in item 8100-0002, by striking out the figures “$6,481,181” and inserting in place thereof the figures “$6,567,381”.
            The amendment was rejected.
            Mr. Timilty moved that the bill be amended, in section 2, in item 8000-0110, by striking out the figures “$6,432,924” and inserting in place thereof the figures “$7,398,772”.
            The amendment was rejected.
            Mr. McGee moved that the bill be amended, in section 2, in item 8000-0106, by striking out the figure “$16,706,813” and inserting in place thereof the figure “$17,558,170”.
            The amendment was rejected.
            Mr. McGee moved that the bill be amended, in section 2, in item 8000-0105, by striking out the figures “$8,719,907” and inserting in place thereof the figures “$9,438,452”.
            The amendment was rejected.
            Mr. Tolman moved that the bill be amended, in section 2, in item 8311-1000, by inserting after the words “intumescent or refractory paint;” the following:- “provided further, that not less than $250,000 shall be expended for a pilot program to employ luminescent system in public safety buildings to clearly delineate egress routes leading to all exits, including traditional, emergency, and evacuation routes,. The installation of this technology on said routes shall not require the use of electrical power, but shall require performance standards of the photo luminescent technology, post loss of power, to achieve a minimum of 150 mcd/m2 at 10 minutes, 30 mcd/m2 at 60 minutes and 15 mcd.m2 after 90 minutes. Said route systems shall meet state building code and fire code standards for heat resistance to be a viable safety path in extreme fire and smoke, other calamitous events and in the event of a natural disaster”.
            The amendment was rejected.
            Messrs. Petruccelli, Tolman, Galluccio and McGee moved that the bill be amended, in section 2, in item 8xxx-xxxx, by adding the following: “For a pilot grant program to be administered by the Executive Office of Public Safety to support the establishment of a pilot transitional employment project in four sites for very high-risk youth and young adults ages 16 – 24 in the cities and/or geographic areas with high incidences of violence, incarceration, court-involvement and related activities; provided, that the Secretary of Public Safety shall distribute grant funds through a competitive grant program that gives preference to applications that:
            (1)        serve communities that have been identified as being high risk communities for youth and young adult violence;
            (2)        demonstrate multi-disciplinary collaboration, including youth/young adult serving community organizations, state agencies, local law enforcement, medical and public health professionals, and faith-based organizations;
            (3)        utilize a stages of change framework that includes addressing intervention work with young people including but not limited to transitional employment, education, employment readiness, life skills, substance abuse education and treatment referral as needed, re-entry, promoting accountability, and work with other organizations and the Executive Office of Public Safety to determine best practices and long-term programming for transitional employment;
            (4)        demonstrate commitment and ability to develop and implement the pilot as proposed in the model including but not limited to intensive case management component, re-hire component for transitional employment, work with TA provider, purchase and implementation of Efforts Towards Outcomes for tracking work and outcomes, work with evaluator, and willingness to work as a group to demonstrate the capacity and improve the model;
            (5)        demonstrate ability to provide a minimum match of $200K to pilot the project and have the administrative capacity and organizational mission to implement such a program; and
            (6)        demonstrate the ability to work with the department staff to conduct comprehensive evaluations of program development and implementation activities..............$1,500,000”.
            The amendment was rejected.
            Messrs. Timilty, Montigny, Augustus, McGee, Antonioni, Hart, Ms. Spilka, Ms. Tucker, and Ms. Wilkerson moved that the bill be amended, in section 2, in item 8100-0011, by striking out the figures “$13,000,000” and inserting in place thereof the figures “$15,000,000”.
            The amendment was rejected.
            Messrs. Tisei, Tarr, Brown, Hedlund, and Knapik moved that the bill be amended, in section 2, in item 8311-1000, by striking out the figure “$2,771,301” and inserting in place thereof the following figure:- “1,341,542”.
            The amendment was rejected.
            Mr. Creedon moved that the bill be amended, in section 2, in item 8324-000 by inserting the following language:- “provided further, that $25,000 be expended for the cost of operating the Fire Starters Program in the Plymouth County Juvenile Court”.
            The amendment was rejected.
            Mr. Creedon moved that the bill be amended, in section 2, in item 8100-0000, by inserting the following language:- “provided further, that not fewer than 5 officers shall be provided to the disabled persons protection commission for the purpose of investigating cases of criminal abuse;”.
            The amendment was rejected.
            Messrs. Timilty, Antonioni, Augustus, Hedlund, Joyce, Knapik, Moore, Tisei, and Ms. Candaras, Ms. Creem, Ms. Resor and Ms. Fargo and Messrs. Tarr and Tolman, moved that the bill be amended, in section 2, in item 8200-0200, by striking out the figures “$2,886,398” and inserting in place thereof the figures “$3,396,167”.
            The amendment was rejected.
            Mr. Joyce moved that the bill be amended, in section 2, in item 8100-0000, by inserting the following:- “; provided further, that not less than $100,000 shall be expended for the design and planning of a new public safety facility for police, fire, and EMS personnel in the town of Avon”.
            The amendment was rejected.
            Messrs. Joyce and Brown moved that the bill be amended, in section 2, in item 8324-0000, by adding the following: “; provided further, that $100,000 shall be expended to Norfolk County to maintain and improve services of the Norfolk County Regional Fire and Rescue Dispatch Center”.
            The amendment was rejected.
            Mr. Timilty moved that the bill be amended, in section 2, in item 8900-0001, by striking out the following words:- “; and provided further, that the department may expend funds appropriated in this item for the administration of budgetary, procurement, fiscal, human resources, payroll and other administrative services of the parole board and the sex offender registry board”.
            The amendment was rejected.
            Mr. Joyce moved that the bill be amended, in section 2, in item 8324-0000, by inserting the following:- “; provided further, that not less than $250,000 shall be expended for safety equipment for the Randolph Fire Department”.
            The amendment was rejected.
            Mr. Buoniconti moved that the bill be amended, in section 2, in item 4590-1506, by striking item 4590-1506 and inserting in place thereof the following:
            “4590-1506 For a program to be administered by the department of public health to support the establishment of a comprehensive youth violence prevention program; provided, that the department shall work with the executive office of public safety and the executive office of labor and workforce development in program implementation; provided further, that the commissioner of public health shall distribute grant funds through a competitive grant program that gives preference to applications that: (1) serve communities that have been identified by the department as being high risk communities for youth violence; (2) demonstrate multi-disciplinary collaboration, including youth serving community organizations, state agencies, local law enforcement, medical and public health professionals, and faith-based organizations; (3) utilize a youth development framework that includes addressing out-of-school time activities, mentoring, leadership training, employment readiness training, conflict resolution, education support, family support services and financial literacy; (4) provide positive programming during, but not limited to, the hours of 2 pm and 10 pm; and (5) demonstrate the ability to work with the department staff to conduct comprehensive evaluations of program development and implementation activities; provided further, that no contracts shall be awarded to law enforcement agencies; provided further, that the department of public health shall report to the executive office for administration and finance and the house and senate committees on ways and means detailing the contract amount awarded to each recipient and a description of each contract; provided further, that each recipient shall provide the department of public health with a comprehensive list of best practices that have been instituted as a result of these contracts… $4,000,000”.
            The amendment was rejected.
            Mr. Hedlund moved that the bill be amended, in section 2, in item 6005-0015, by inserting the following wording:- “provided further, that not less than $

UNCORRECTED PROOF OF THE JOURNAL OF THE SENATE.

UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.