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JOURNAL OF THE HOUSE.
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Monday, May 5, 2003.
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Met at fourteen minutes before
eleven o’clock A.M.
At the request of the Speaker, the
members, guests and employees joined with him in reciting the pledge of
allegiance to the flag.
Appointments
to State Workforce Development Board.
The Speaker announced the appointment
of Representatives Rodrigues of Westport and Atsalis of Barnstable to
the State Workforce Development Board (established under Executive Order
No. 413 of 1999).
Statement of Representative
Gomes of Harwich.
A statement of Mrs. Gomes of Harwich
was spread upon the records of the House, as follows:
MR.
SPEAKER: I
would like to call to the attention of the House the fact that I was unable
to be present in the House Chamber for a portion today’s sitting
due to a previously scheduled engagement. Any roll calls that I may have
missed today is due entirely to the reason stated.
Statement Concerning Representative
Travis of Rehoboth.
A statement of Mr. Petrolati of
Ludlow concerning Mr. Travis of Rehoboth was spread upon the records of
the House, as follows:
MR.
SPEAKER: I
would like to call to the attention of the House the fact that one of
our colleagues, Representative Travis of Rehoboth, will not be present
in the House Chamber for a portion of today’s sitting due to to
a previous commitment to the Beckwith Middle School in Rehoboth. Any roll
calls that he may miss today will be due entirely to the reason stated.
Resolutions.
The following resolutions (filed
with the Clerk) were referred, under Rule 85, to the committee on Rules:
Resolutions (filed by Mr. Connolly
of Everett) congratulating Mr. and Mrs. John J. Redmond on their fiftieth
wedding anniversary;
Resolutions (filed by Mr. Howland
of Freetown and other members of the House) honoring Private First Class
Jessica Lynch; and
Resolutions (filed by Mr. Koczera
of New Bedford) congratulating William Anthony Krause III, on receiving
the Eagle Award of the Boy Scouts of America;
Mr. Petrolati of Ludlow, for the
committee on Rules, reported, in each instance, that the resolutions ought
to be adopted. Under suspension of the rules, in each instance, on motion
of Mr. Connolly, the resolutions (reported by the committee on Bills in
the Third Reading to be correctly drawn) were considered forthwith; and
they were adopted.
Reports of Committees.
By Mr. Scaccia of Boston, for the
committee on Rules and the committees on Rules of the two branches, acting
concurrently, that Joint Rule 12 be suspended on the following petitions:
Petition (accompanied by bill)
of William M. Straus and another for legislation to further regulate contributions
and expenditures under the campaign finance laws. To the committee on
Election Laws.
Petition (accompanied by bill)
of Thomas P. Kennedy, Robert S. Creedon, Jr., Geraldine Creedon and Christine
E. Canavan (with the approval of the mayor and city council) relative
to the issuance of pension funding bonds by the city of Brockton. To the
committee on Public Service.
Under suspension of the rules,
on motion of Mr. Kennedy of Brockton, the reports were considered forthwith.
Joint Rule 12 then was suspended, in each instance. Severally sent to
the Senate for concurrence.
Reports of Committees
on Proposals for
Legislative
Amendments to the Constitution.
By Mr. Straus of Mattapoisett, for
the committee on Election Laws, on the petition (accompanied by proposal,
Senate, No. 352) of Richard T. Moore, Susan W. Pope, Jo Ann Sprague, Stephen
M. Brewer and other members of the General Court for a legislative amendment
to the Constitution to increase the term of office for the General Court
from two to four years,— reported, in accordance with a provision
of Joint Rule 23, recommending that the amendment proposed by said petition
(see Senate, No. 352), ought NOT to pass.
By the same member, for the same
committee, on the petition (accompanied by proposal, Senate, No. 355)
of Richard T. Moore, Jo Ann Sprague and Scott P. Brown for a legislative
amendment to the Constitution relative to emergency appointments of elected
officials,— reported, in accordance with a provision of Joint Rule
23, recommending that the amendment proposed by said petition (see Senate,
No. 355), ought NOT to pass.
By the same member, for the same
committee, on the petition (accompanied by
proposal, Senate, No. 362) of Stanley C. Rosenberg, Robert
Spellane, Richard T. Moore, Robert A. O’Leary and other members
of the General Court for a legislative amendment to the Constitution promoting
the representative character of ballot questions,— reported, in
accordance with a provision of Joint Rule 23, recommending that the amendment
proposed by said petition (see Senate, No. 362), ought NOT to pass.
By the same member, for the same
committee, on the petition (accompanied by proposal, House, No. 1077)
of Ronald Lagasse for a legislative amendment to the Constitution to limit
the power of repeal by the General Court,— reported, in accordance
with a provision of Joint Rule 23, recommending that the amendment proposed
by said petition (see House, No. 1077), ought NOT to pass [Senator Nuciforo
dissenting].
The reports were severally read
and place on file, in accordance with the requirements of said rule.
Under the provisions of Joint Rule
23, the following proposals were placed on file, the time within which
the following committees were required to report having expired:—
Of the committee on the Judiciary,
ought NOT to pass (under Joint Rule 23), on the petition (accompanied
by proposal, Senate, No. 1065) of Michael R. Knapik, Michael F. Kane,
Brian P. Lees, Richard R. Tisei and Donald Humason, Jr. for a legislative
amendment to the Constitution relative to the election of judges.
Of the same committee, ought NOT
to pass (under Joint Rule 23), on the petition (accompanied by proposal,
Senate, No. 1984) of Brian A. Joyce, Barry R. Finegold, Richard T. Moore
and Robert L. Hedlund for a legislative amendment to the Constitution
to abolish the Governor’s Council.
Of the same committee, ought NOT
to pass (under Joint Rule 23), on the petition (accompanied by proposal,
House, No. 184) of George N. Peterson, Jr., for a legislative amendment
to the Constitution to increase the terms of office for Senators and Representatives
in the General Court from two years to four years.
Of the same committee, ought NOT
to pass (under Joint Rule 23), on the petition (accompanied by proposal,
House, No. 727) of Jay R. Kaufman and other members of the General Court
for a legislative amendment to the Constitution relative to a vacancy
in the office of Governor or Lieutenant-Governor.
Of the same committee, ought NOT
to pass (under Joint Rule 23), on the petition (accompanied by proposal,
House, No. 946) of Frank M. Hynes for legislative amendment to the Constitution
abolishing the Executive Council.
Of the same committee, ought NOT
to pass (under Joint Rule 23), on the petition (accompanied by proposal,
House, No. 3190) of Philip Travis, other members of the General Court
and another for a legislative amendment to the Constitution to provide
that only the union of one man and one woman shall be valid or recognized
as marriage.
Of the joint committee on Ways and
Means, ought NOT to pass (under Joint Rule 23), on the petition (accompanied
by proposal, House, No. 3287) of Frank M. Hynes for a legislative amendment
to the Constitution relative to limiting the content of appropriation
bills.
Of the same committee, ought NOT
to pass (under Joint Rule 23), on the petition (accompanied by proposal,
House, No. 3288) of Frank M. Hynes for a legislative amendment to the
Constitution to require biennial state budgets.
Recess.
At ten minutes before eleven o’clock
A.M., the Speaker declared a recess subject to the call of the Chair;
and at nine minutes before twelve o’clock noon the House was called
to order with Mr. DiMasi of Boston in the Chair.
Quorum.
Mr. O’Flaherty of Chelsea
then asked for a count of the House to ascertain if a quorum was present.
The Chair (Mr. DiMasi), having determined that a quorum was not in attendance,
then directed the Sergeant-at-Arms to secure the presence of a quorum.
Subsequently a roll
call was taken for the purpose of ascertaining the presence of a
quorum; and on the roll call (the Speaker having returned to the Chair)
148 members were recorded as being in attendance.
Therefore a quorum was present.
Orders of the Day.
The House Bill making appropriations
for the fiscal year 2004 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. 4000, amended), was read a third time.
The committee on Bills in the Third
Reading reported recommending that the bill be amended in section 456,
in lines 7 and 8, by striking out the sentence contained therein and inserting
in place thereof the following sentence: “No such transfer shall
occur until 10 days after the revised funding schedules have been submitted
in written form to the house and senate committees on ways and
means.”; and the report was accepted.
Pending the question on passing
the bill, as amended, to be engrossed, Mr. Rogers of Norwood and other
members of the House moved that it be amended in section 2, in item 1107-2400
by striking out the figures “544,343” and inserting in place
thereof the figures “574,343”; in item 1107-2501 by striking
out the figures “1,455,119” and inserting in place thereof
the figures “1,497,454”; in item 4110-1000 by striking out
the figures “3,246,070” and inserting in place thereof the
figures “3,673,070”; in item 4110-4000 by striking out the
figures “1,834,200” and inserting in place thereof the figures
“1,884,200”; by striking out items 4120-2000, 4120-3000 and
4120-4000 and inserting in place thereof the following three items:
“4120-2000 For vocational
rehabilitation services operated in cooperation with the federal government;
provided, that no funds from the federal vocational rehabilitation grant
or state appropriation shall be deducted for pensions, group health and
life insurance and any other such indirect cost of the federally reimbursed
state employees; and provided further, that not less than $100,000 shall
be expended on special vocational projects
in Charlestown for people with
disabilities 7,159,207;
4120-3000 For employment assistance
services; provided, that vocational evaluation and employment services
for severely disabled adults may, subject to appropriation, be provided;
and provided further that not less than $100,000 shall be expended on
special projects in Charlestown for
people with disabilities 7,680,098;
4120-4000 For independent living
assistance service; provided, that not more than $858,000 shall be expended
for assistive technology devices and training for individuals with severe
disabilities; and provided further that no less than $20,000 will be used
to assist the Living Independently
for Equality, Inc. of Brockton
7,271,512”;
by striking out item 4120-4010
and inserting in place thereof the following item:
“4120-4010 For services
to clients of the department who turn 22 years of age, provided, that
the amount appropriated herein shall not annualize to more than $605,000
in stated fiscal year 2005; and provided further,
that nothing stated herein shall give
rise to or shall be construed as giving rise to enforceable legal rights
in any party or an enforceable entitlement to the services funded
herein 565,000”;
in item 4120-5000 by striking
out the figures “4,243,733” and inserting in place thereof
the figures “4,342,733”; by striking out item 4120-6000 and
inserting in place thereof the following item:
“4120-6000 For head injured
services; provided, that the commission shall work with the division of
medical assistance to maximize federal reimbursement for clients receiving
head injured services; and provided further, that not less than $50,000
shall be expended for the Cape Cod head injury
program 7,779,149”;
in item 4125-0100 by striking out
the figures “4,455,536” and inserting
in place thereof the figures “4,929,536”; and by striking
out section 331.
After remarks on the question on
adoption of the amendments, the sense of the House was taken by yeas
and nays, at the request of Mr. Cabral of New Bedford; and on the roll
call 153 members voted in the affirmative and 0 in the negative.
Therefore the amendments were adopted.
Mr. Rodrigues of Westport then moved
that the bill be amended by inserting after section 148 (as printed) the
following four sections:
“SECTION 148A. Section 1
of Chapter 30A of the General Laws, as appearing in the 2000 Official
Edition, is hereby amended by inserting after the definition of ‘regulation’
in paragraph (5) the following new paragraph:—
(6) ‘Regulatory impact statement’
a statement by the promulgating agency which shall (a) identify the statutory
change, problem, issue or deficiency addressed by the proposed regulation;
(b) identify the methodology of approach, including identification of
expert information and analysis, used to address the statutory change,
problem, issue or deficiency; (c) identify specifically who is affected
and to what extent by the proposed regulation; (d) identify when such
regulation becomes effective, when such regulation will be changed, if known, and how and when the regulation will be reviewed
in the future, if at all; (e) identify and
describe the immediate and long term financial impacts of the regulation
on the issuing agency, each affected person, party or group of affected
parties, state government, and the public, including permitting costs,
internal compliance costs, and indirect costs, if any; (f) identify the fiscal effect
on the public and private sectors for the first and second year of the
regulation’s existence, and provide a projection of fiscal impact
over the first five years; and (g) identify and describe specifically
the benefits of the regulation. Any data, including written information
or material, statistics, measurements, calculations or other information
used as the basis for reasoning, recommendation or conclusions, including
any such information provided to the agency by a consultant, vendor or
other third party, shall be part of the record and available to the public
upon request.
SECTION 148B. Section 2 of said
chapter 30A of the General Laws, as so appearing, is hereby amended by
inserting after the third paragraph the following new paragraph:—
Every agency issuing rules and
regulations shall maintain a notification list of persons and groups who
are interested in the agency’s rulemaking and who request preliminary
notification of agency rulemaking, with such request renewed annually
by persons or groups in December. No later than thirty days prior to the
notice of hearing described above, the agency shall send a preliminary
notification of rulemaking to the appropriate committee of the Legislature
that has legislative jurisdiction for the rule issuing agency and to the
Ways and Means Committees of both the House of Representatives and the
Senate. The preliminary notification of rulemaking shall (a) identify
the rule to be noticed for hearing and the scope of the proposed rule,
(b) provide the statutory authority for such proposed rulemaking, and
(c) identify the persons within the agency responsible for the rulemaking
and who can be contacted for more information.
SECTION 148C. Section 3 of said
chapter 30A of the General Laws, as so appearing, is hereby amended by
inserting after the second paragraph the following:—
Every agency issuing rules and regulations
shall maintain a notification list of persons and groups interested in
the agency’s rulemaking and who request preliminary notification
of agency rulemaking, such request renewed annually by persons and groups
in December. No later than thirty days prior to the notice described above
the agency shall send a preliminary notification of agency rulemaking
to each person or group who has requested preliminary notification of
agency rulemaking and to the appropriate committee of the Legislature
that has legislative jurisdiction for the rule issuing agency and to the
Ways and Means committee of the House of Representatives and the Senate.
The preliminary notification shall (a) identify the rule to be noticed
and the scope of the proposed rule, (b) provide the statutory authority
for such proposed rulemaking, and (c) identify the person within the agency
responsible for the rulemaking and who can be contacted for further information.
SECTION 148D. Section 5 of chapter
30A of the General Laws, as so appearing, is hereby amended by deleting
the first sentence of the second paragraph and inserting in place thereof:—
No rule or regulation so filed
with the state secretary, except those filed for the purpose of setting
rates, issuing grants or providing loans, and except those filed by the
Department of Telecommunications and Energy or the Division of Insurance,
shall become effective until a regulatory impact statement has been completed,
made public during the hearing process described above, approved by the
secretary of economic development, and filed with the state secretary.
No regulation will be in effect for a period of more than five years from
the date of adoption; provided however, that the issuing agency may affirmatively
extend the regulations so long as a new regulatory impact statement is
completed prior to expiration of the regulations, proper notice is given
to interested parties and a public comment period is provided. The secretary
of economic development shall adopt regulations to further define and
implement the use of regulatory impact statements in agency rulemaking.”.
After debate on the question on
adoption of the amendment, the sense of the House was taken by yeas and
nays, at the request of Mr. Patrick of Falmouth; and on the roll call
108 members voted in the affirmative and 44 in the negative.
[Mr. Naughton of Clinton answered
“Present” in response to his name.]
Therefore the amendment was adopted.
Mr. Rogers of Norwood and other
members of the House then moved that the bill be amended in section 2
by striking out item 4800-0038 and inserting in place thereof the following
item:
“4800-0038 For stabilization,
unification, reunification, permanency, adoption, guardianship, and foster
care services provided by the department of social services; provided,
that services funded through this item shall include shelter services,
substance abuse treatment, family reunification networks, parent aides,
education and counseling services, family preservation services,
foster care, adoption and guardianship subsidies, tiered reimbursements used to promote the foster care placement
of children with special medical and social needs, assessment of the appropriateness
of adoption for children in the care of the department for more than 12
months, protective services provided by partnership agencies, targeted
recruitment and retention of foster families, respite care services, post-adoption services, support services for foster, kinship and adoptive families,
and juvenile firesetter programs; provided further, that any child eligible
for a clothing benefit under regulations in place on January 1, 2003 shall
receive a clothing benefit in fiscal 2004; provided further, that the
department shall report monthly to the house and senate committees on
ways and means on the number of clients served, the cost per unit of service
and any available information on the outcome of services provided for
each program funded from this item; provided further, that not less than
$30,000 shall be expended for a contract with Big Brothers and Big Sisters
of Cape Cod and the Islands; provided further, that not than $90,000 shall
be expended for the Children’s Cove Cape and Islands Child Advocacy
Center; provided further, that the department shall expend no less than
$348,850 for Casa Esperanza to implement a family stabilization and reunification
program; provided further, that not more than $140,000 shall be expended
for the Comprehensive School Age Parenting Program, for a year-round school
based program in Boston high schools and middle schools for pregnant teens,
young mothers and fathers and other youth at high risk for school drop
out; provided further, that not more than $100,000 shall be provided for
the operation of the Healthy Families program, so-called; provided further,
that not less than $298,000 shall be expended for alternative schools
for students aged 14 to 16 inclusive, who are placed before the court
on child in need of services petitions in region 6; provided further,
that not more than $295,000 shall be expended for the Massachusetts Families
for Kids program, so-called; provided further, that not more than $200,000
be expended for the Berkshire Area Health Education Center, Inc. for the
support and implementation of model community coalitions and community
capacity building activities; provided further, that the department shall
expend a sum of not more than $48,000 in Region 1 for a community-based
family unification counseling program to prevent juvenile delinquency;
provided further, that not less than $150,000 shall be expended for a
contract with Julie’s Family Learning Program in the South Boston
section of the city of Boston; provided further, that not less than $250,000
shall be expended for a contract for an integrated family services team
in region 6; provided further, that $200,000 shall
be expended for a state-wide contract with Northeastern University for
a violence prevention and conflict resolution mentoring program; provided
further, that not less than $35,000 shall be expended by the Framingham
office of the Department of Social Services for the MetroWest Campership
program operated by the Ashland youth advisory in partnership with said
department; provided further, not less than $50,000 shall be expended
for the purpose of providing case management services for the Amity Transitional
Housing program in the city of Lynn; provided further, that not less than
$15,000 shall be expended on a teen pregnancy prevention program operated
by Girls, Inc. of Lynn; provided further, that service providers shall
provide the department with all information necessary to allow the completion
of these reports; and provided further, that not later than February 17 of the current fiscal year the department shall provide to the house and senate committees on ways
and means a recommendation on whether or not to discontinue any program,
including earmarked programs, whose cost per unit of service or service
outcomes do not fall
within a reasonable standard 247,500,783”;
and by striking out items 4800-1100,
4800-1400 and 4800-1600 and inserting in place thereof the following three
items:
“4800-1100 For the AA subsidiary
costs of the department’s social workers; provided, that funds shall
be directed toward mitigating social worker caseloads in those area offices
furthest above the statewide weighted caseload standard and toward achieving
a social worker caseload ratio of 18 to 1 statewide; provided further,
that the department shall report monthly to the house and senate committees
on ways and means on the current social worker caseloads by type of case
and level of social worker assigned to cases, the caseload ratio of each
social worker with a caseload ratio in excess of 18 to 1, the office in
which each of the social workers works and the total number of social
workers in excess of the 18 to 1 ratio by region; provided further, that
the department shall develop a management plan so that no social worker
shall be over the 18 to 1 caseload standard for more than two consecutive
months; provided further, that the department shall report on said management
plan to House Ways & Means and Senate Ways & Means by January
15, 2004; provided further, that only employees of bargaining unit 8 as
identified in the Massachusetts personnel administrative reporting and
information system shall be paid from this item; and provided further,
that any other payroll or administrative expenses associated with the
management or support of such employees shall
be paid from item 4800-0015 128,177,063
4800-1400 For shelters and support
services for women and children at risk of domestic violence, including
supervised visitation program; provided, that the department shall pursue
the establishment of public-private partnership agreements established
for family stabilization services funded from sources other than the commonwealth;
provided further, that funding shall be made available for certified batterer
intervention programs to assist indigent batterers and their families;
provided further, that funding shall be expended for community-based domestic
violence prevention and intervention programs; provided further, that
funds from this account shall be expended for a scattered site transitional
housing program for victims of domestic violence and their dependents;
provided, that the department shall collaborate with the department of
social services to ensure that participants in battered women’s
programs are provided with information regarding local transitional housing
resources; provided further, that the program shall assist victims of
domestic violence in finding and maintaining permanent housing; provided
further, that funding shall be made available to enhance counseling services
for children who have witnessed domestic violence; provided further, that
funding shall be made available for emergency shelters for substance abusing
battered women; provided further, that funding shall be made available
for statewide domestic violence hotline; provided further, that domestic
violence prevention specialists, including those that service recipients
of transitional assistance, shall be funded from this item; provided further,
that not less than $45,000 be expended for a domestic violence prevention
program called ‘Teens-at-Risk’, operated by Portal of Hope
for the communities of Everett, Lynn, Malden, and Medford; provided further,
that not less than $10,000 be expended for the Words not Weapons mentoring
project in Saugus; provided further, that not less than $50,000 shall
be expended for the On The Rise shelter for homeless women in Cambridge;
and provided further, that no expenditures shall be made, on or after
the effective date of this act, which would cause the commonwealth’s
obligation for the purpose of this item to exceed the amount
appropriated herein 21,173,488
4800-1600 For programs to provide
support and counseling to young parents; provided, that funds shall be
expended for the young parent programs, so-called, operated through the
Department of Transitional Assistance; provided that the child care for
children of teen parents receiving transitional aid to families with dependent
children benefits, teen parents receiving supplemental security income
payments and whose dependent children receive aid, and teen parents at
risk of becoming eligible for transitional aid to families with dependent
children benefits shall be paid from this item; provided further, that
$300,000 shall be expended for Summerhill House in Norwood; provided further,
that funds shall be expended on structured settings as provided in subsection
(i) of section 110 of chapter 5 of the acts of 1995 for parents under
the age of 20 who are receiving benefits under the transitional aid to
families with dependent children program; and provided further, that expenditures
from this item shall not exceed the
amount appropriated in this item
18,842,950”.
After remarks on the question on
adoption of the amendments, the sense of the House was taken by yeas
and nays, at the request of Mr. Cabral of New Bedford; and on the roll
call 157 members voted in the affirmative and 0 in the negative.
Therefore the amendments were adopted.
Mr. Tobin of Quincy being in the
Chair,—
Mr. Rogers of Norwood and other
members of the House moved that the bill be amended in section 2 by striking
out item 1410-0012 and inserting in place thereof the following item:
“1410-0012 For services
to veterans, including the maintenance and operation of outreach centers;
provided, that not more than $80,029 shall be obligated for a contract
with the Puerto Rican Veteran Association in Springfield; provided further,
that not more than $89,100 shall be obligated for a contract with NamVets
of the Cape and Islands; provided further, that not more than $157,818
shall be obligated for a contract with the Montachusett Veterans Outreach
Center in Gardner; provided further, that not more than $80,029 shall
be obligated for a contract with the Veterans Association of Bristol County
in Fall River; and provided further, that not less than $511,639 shall
be made available to those veterans organizations who respond to a request
for proposal and meet those qualifications for funding
918,615”;
by striking out item 1410-0250
and inserting in place thereof the following two items:
“1410-0100 For the revenue
maximization project of the executive office of elder affairs to identify
individuals eligible for veterans’ pensions who are
currently receiving home health
care services 98,000
1410-0250 For homelessness services,
including the maintenance and operation of homeless shelters and transitional
housing for veterans; provided, that funds shall be obligated for a contract
with the New England Shelter for Homeless Veterans located in the city
of Boston; provided further, that not more than $100,000 shall be expended
for the Veterans Benefits Clearinghouse located in Dorchester; provided
further, that not more than $100,000 shall be expended for the Veterans
Benefits Clearinghouse located in Roxbury; provided further, that not
more than $90,000 shall be obligated for a contract with the southeastern
Massachusetts veterans housing program located in the city of New Bedford;
provided further, that not more than $81,000 shall be obligated for a
contract with the Unity House located in the city of Gardner; provided
further, that not more than $25,515 shall be obligated for a contract
with the Homestead in Hyannis; provided further, that not more than $97,200
shall be obligated for a contract with the veterans hospice homestead
in the city of Leominster and the veterans hospice in the town of Fitchburg;
provided further, that not more than $81,000 shall be obligated for a
contract with Habitat PLUS in the city of Lynn [A]; provided further,
that not more than $46,778 shall be obligated for a contract with the
Springfield Bilingual Veterans Outreach Center; provided further, that
not less than $2,666,366 shall be made available to those veterans organizations
who respond to a request for proposal and meet those qualification for
funding; and provided further, that the commissioner may distribute funds
on a per person, per
bed basis 3,087,859”;
in item 1410-0630 by striking
out the figures “364,908” and inserting in place thereof
the figures “429,908”; in item 4190-0100 by striking out the
figures “16,279,209” and inserting in place thereof the figures
“16,390,209”; and by adding at the end thereof the following
section:
“SECTION 483. Notwithstanding
the provisions of any general or special law to the contrary, the department
of veteran’s services shall be under the authority of the executive
office of health and human services; provided further, that the Soldier’s
Home in Massachusetts and the Soldiers Home in Holyoke shall be under
the authority of the department of veteran’s services.”.
After debate on the question on
adoption of the amendments, Mr. Pedone of Worcester and other members
of the House moved that the amendment offered by Mr. Rogers of Norwood,
et als, be amended by inserting after the word “Lynn” [at
“A”] the following: “; provided further, that $86,000
shall be obligated for a contract for the Central
Massachusetts Veterans Shelter in the city of Worcester”. The
further amendment was adopted.
After debate on the question on
adoption of the amendments, as amended, the sense of the House was taken
by yeas and nays, at the request of Mr. Cabral of New Bedford; and on
the roll call 157 members voted in the affirmative and 0 in the negative.
Therefore the amendments, as amended,
were adopted.
Mr. Naughton of Clinton then moved
that the bill be amended by adding at the end thereof the following section:
“SECTION 483. Notwithstanding
any general or special law to the contrary, a special commission consisting
of two members of the Judiciary Committee of the House of Representatives,
two members of the Judiciary Committee of the Senate, the Chair of the
House Committee on Ways and Means or his designee, one justice of the
District Court department of the Trial Court, one criminal defense attorney,
the President of the Massachusetts Bar Association or his designee, is
hereby established for the purpose of making an investigation and study
of the standards by which indigent counsel are appointed in the Commonwealth,
including but not limited to, the criteria by which justices determine
eligibility for indigent counsel, the compensation of indigent counsel,
and the financial status of any defendant under consideration for appointment
of counsel. Said commission shall report to the General Court the results
of its investigation and study, and its recommendations, if any, together
with drafts of legislation necessary to carry such recommendations into
effect by filing the same with the Clerk of the House of Representatives
on or before the first Wednesday in November, two thousand and [A]four.”
After remarks on the question on
adoption of the amendment, Mr. Jones of North Reading and other members
of the House moved that the amendment be amended at the end of the proposed
new section by striking out [at “A”] the word “four”
and inserting in place thereof the word
“three”; and the further amendment was adopted.
The amendment offered by Mr. Naughton,
as amended, then also was adopted.
After debate Mr. Jones of North
Reading and other members of the House moved that the bill be amended
by adding at the end thereof the following section:
“SECTION 484. The department
of parks and recreation is hereby authorized to develop guidelines and
criteria on the subject of the public sale of naming rights for state
forests and parks or for facilities within state forests and parks; provided,
that said division shall provide a report and recommendations on such
criteria and guidelines to the committees on ways and means and the joint
committee on natural resources and agriculture by November 15, 2003.”.
After debate on the question on
adoption of the amendment, the sense of the House was taken by yeas and
nays, at the request of Mr. Travis of Rehoboth; and on the roll call 86
members voted in the affirmative and 71 in the negative.
Therefore the amendment was adopted.
Mr. Scaccia of Boston then moved that this vote be reconsidered.
Pending the question on the motion
to reconsider, at twenty-nine minutes before six o’clock P.M., on
motion of Mr. Finneran of Boston (Mr. Tobin of Quincy being the Chair),
the House recessed until half past six o’clock; and at nineteen
minutes before seven o’clock the House was called to order with
Mr. Correia of Fall River in the Chair.
The motion of Mr. Scaccia of Boston,
that the vote be reconsidered by which the House, previously to the recess,
adopted an amendment offered by Mr. Jones of North Reading, et als, adding
section 484, was negatived.
Ms. Haddad of Somerset then asked
for a count of the House to ascertain if a quorum was present. The Chair
(Mr. Correia of Fall River), having determined that a quorum was not in
attendance, then directed the Sergeant-at-Arms to secure the presence
of a quorum.
Subsequently a roll call was taken
for the purpose of ascertaining the presence of a quorum; and on the roll
call 156 members were recorded as being in attendance.
Therefore a quorum was present.
Mr. Rogers of Norwood and other
members of the House then moved that the bill be amended in section 2
by striking out item 4000-0100 and inserting in place thereof the following
item:
“4000-0100 For
the operation of the executive office, including the operation of the
managed care oversight board and the Betsey Lehman Center for patient
safety and medical error reduction; provided, that the executive office
shall provide technical and administrative assistance to agencies under
the purview of the secretariat receiving federal funds; provided further,
that the executive office shall monitor the expenditures and completion
timetables for systems development projects and enhancements
undertaken by the department of social services, the division of medical
assistance and the department of transitional assistance, and shall ensure
that all measures are taken to make such systems compatible with one another for enhanced interagency interaction; provided
further, that the executive office shall continue to develop and implement
the common client identifier; provided further, that the executive office
shall ensure that any collaborative assessments for children receiving
services from multiple agencies within the secretariat shall be performed
within existing resources; provided further, that not more than $50,000
shall be expended for the West End Boys and Girls Club in the Allston-Brighton
section of the city of Boston; provided further, that not more than $25,000
shall be expended for the Brockton Boys and Girls Club; provided further,
that not more than $95,000 shall be expended for a matching grant to the
Taunton Boys and Girls Club; provided further, that not more than $80,000
shall be expended for the young parents programs of the Newton Community
Service Centers, Inc.; provided further, that not more than $40,000 shall
be expended for the public partnership program between the greater Lynn
YMCA and YWCA and the public partnership program between the town of Saugus
and the Saugus YMCA and YWCA; provided further, that not more than $60,000
shall be expended for the Billerica Boys and Girls Club; provided further,
that not more than $150,000 shall be expended for the Massachusetts
Alliance of Boys and Girls Clubs; provided
further, that the executive office and its
agencies, when contracting for services on the islands of
Martha’s Vineyard and Nantucket, shall take into consideration the
increased costs associated with the provision of goods, services and housing
on the islands; provided further, that for the purposes of pharmaceutical
purchasing, all agencies under the jurisdiction of said executive office,
including the state office of pharmacy services within the department
of public health and the department of corrections, shall collaborate
with the division of medical assistance and incorporate said division’s
preferred drug list, the MassHealth Drug List, so-called, into each agency’s purchasing practices; and provided
further, that not later than January 20, 2004, said executive office shall
submit a report to the house and senate committees on ways and means detailing
the savings achieved by mandating the use of this uniform drug list and
the effect, if any, of this list on the delivery of
services and pharmaceuticals to
clients 2,083,812”;
by striking out item 4130-3050
and inserting in place thereof the following item:
“4130-3050 For
child care vouchers and contracted child care programs for low-income
families; provided, that the employment services child care program for
recipients of transitional and supplemental transitional aid to families
with dependent children and the absent parents of the recipients, former
recipients of the program who are working for up to one year after termination of benefits, former recipients of the program participating
in education or training programs authorized by department of transitional
assistance regulations, and parents under the age of eighteen currently
enrolled in a job training program who would qualify for benefits under
provisions of chapter 118 of the General Laws but for the deeming of grandparents’
income shall be funded from this item; provided further, that post-transitional
child care vouchers for former recipients of transitional aid to families
with dependent children who have been working for more than one year after
termination of program benefits shall be funded from this item; provided
further, that income-eligible child care programs shall funded from this
item; provided further, that not fewer than 500 child care slots shall
be reserved for children in the foster care program at the department of social services; provided further,
that child care for the children of teen parents receiving transitional
aid to families to families with dependent children benefits, teen parents
receiving supplemental security income income payments and whose dependent
children receive the aid, and teen parents at risk of becoming eligible
for transitional aid to families with dependent children benefits shall
be paid from this item; provided further, that all teens eligible for
year-round full-time child 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 promulgated
for the program of transitional aid, provided
further, that informal child care benefits shall be funded from this item;
provided further, that not more than $2.00 per child per hour shall be
paid for such services; provided further, that child care slots funded
from this item shall be distributed geographically in a manner that provides
fair and adequate access to child care for all eligible individuals; and
provided further, that all child care providers that are part of a public
school system shall be required to accept child care vouchers from recipients funded through
this appropriation [A]272,326,418”;
in item 4401-1000, in line 8,
by striking out the words “job search assistance” [F] and
in line 14 by inserting after the word “program” the words
“; provided further, that funds may be expended for substantive,
pre-employment education and training programs provided by the workforce
investment areas, so-called, and community colleges designed to remove
barriers to employment; provided further, that expenditures for other
services authorized by this item shall be limited to the extent necessary
to enable the department to comply with the preceding provisions”;
by striking out item 4403-2000 and inserting in place thereof the following
item:
“4403-2000 For a program
of transitional aid to families with dependent children; provided, that
notwithstanding any general or special law to the contrary, benefits under
the program of transitional aid to families with dependent children shall
be paid only to citizens of the United States and to non-citizens for
whom federal funds may be used to provide benefits; provided further,
that notwithstanding any general or special law, or any provisions of
this act to the contrary, no benefits under this item shall be made available
to illegal or undocumented aliens; provided further, that the need standard
shall be equal to the standard in effect in fiscal year 2003; provided
further, that the payment standard shall be equal to the need standard;
provided further, that the payment standard for families who do not qualify
for an exempt category of assistance under the provisions of subsection
(e) of section 110 of chapter 5 of the acts of 1995 shall be 2¾
per cent below the otherwise applicable payment standard, in fiscal year
2004, pursuant to the provisions of the state plan required under the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996;
provided further, that the department shall notify all teen parents receiving
benefits from the program of the requirements found in clause (2) of subsection
(i) of said section 110 of said chapter 5; provided further, that
a $40 per month rent allowance shall be paid to all households incurring
a rent or mortgage expense and not residing in public housing or subsidized
housing; provided further, that a non-recurring children’s
clothing allowance in the amount of $150 shall be provided to each child
eligible under this program in September 2003; provided further, that
the children’s clothing allowance shall be included in the standard
of need for the month of September, 2003; provided further, that benefits
under this program shall not be available to those families where a child
has been removed from the household pursuant to a court order after a
care and protection hearing on child abuse, nor to adult recipients otherwise
eligible for transitional aid to families with dependent children but
for the temporary removal of the dependent child or children from the
home by the department of social services in accordance with department
procedures; provided further, that notwithstanding section 2 of chapter
118 of the General Laws, or any other general or special law to the contrary,
the department shall render aid to pregnant women with no other eligible
dependent children only if it has been medically verified that the child
is expected to be born within the month such payments are to be made or
within the three month period following such month of payment, and who,
if such child had been born and was living with her in the month of payment
would be categorically and financially eligible for transitional aid to
families with dependent children benefits; provided further, that certain
families that suffer a reduction in benefits due to a loss of earned income
and participation in retrospective budgeting may receive a supplemental
benefit to compensate them for such loss; provided further, that no funds
from this item shall be expended by the department for child care or transportation
services for the employment and training program; provided further, that
no funds from this item shall be expended by the department for family
reunification benefits or informal child care; provided
further, that the department shall provide oral and written notification
to all recipients of their child care benefits on a semi-annual basis;
provided further, that the notification shall include the full range of
child care options available, including center-based child care, so-called, family-based
child care, so-called, and in-home relative child care, so-called; provided
further, that the notification shall detail available child care benefits
for current and former recipients, including employment and training benefits,
transitional benefits, so-called, and post-transitional benefits, so-called;
provided further, that the department shall work with the office of child
care services to ensure that both recipients currently receiving benefits
and former recipients during the one year period following termination of benefits are provided written and verbal information
about child care services; provided further, that the notice shall further
advise recipients of the availability of food stamps benefits; provided
further, that not less than $318,074 shall be expended for the purposes
of the operation of the Transportation Assistance Program operated by
the Traveler’s Aid Society of Boston; provided further, that in
promulgating, amending or rescinding its regulations with respect to eligibility
for, or levels of, benefits under the program, the department shall take
into account the amounts available to it for expenditure by this item
so as not to exceed the appropriation; provided further, that notwithstanding
any general or special law or of this item to the contrary, 30 days before
implementing any eligibility or benefit changes or both, the commissioner
shall file with the house and senate committees on ways and means and
with the clerks of the house of representatives and the senate a determination
by the secretary of health and human services that available appropriations
for the program will be insufficient to meet projected expenses and a
report setting forth the basis for, and text of, the proposed changes;
and provided further, that notwithstanding any general or special law
to the contrary, the comptroller shall transfer any unexpended balance
remaining in this item at the close of the fiscal year to the Caseload
Increase Mitigation Fund
[B]326,374,779”;
in item 4403-2120, in line 15,
by inserting after the word “months” the following: “;
provided further, that the department may use monies from this account
to add 150 new units of scattered site and rolling stock units contracted
for in FY03; provided further, that these new units shall be located in
areas of greatest need to facilitate placement of eligible families within
20 miles of the home community; provided further, that these new units
shall be used to reduce the population placed in hotels and motels”;
in item 4406-3000, in line 6, by inserting after the word “receive”
the following: [G]“90 percent of the”; [C]by striking out
section 393; and by adding at the end thereof the following [D]section:
“SECTION 486. Section 5 of
chapter 244 of the acts of 2002 is hereby amended by adding the following
paragraph at the end thereof:—
During fiscal year 2004, funds
shall be expended by the department of housing and community development,
from the sums set forth and made available in item 7004-7013 of section
2, to institute a program of rolling stock housing for households that
are eligible for residence in and who have actually resided in scattered
site shelters funded through line item 4403-2120 of section 2 of the General
Appropriations Act, as said item funding is administered by the department
of transitional assistance, for not less than 6 months. Said department
of transitional assistance, in conjunction and collaboration with the
department of housing and community development, shall assist families
from such eligible households in negotiating rental agreements for permanent
housing at the current scattered site placement or, if possible, at an
alternative placement located within 20 miles of the household’s
home community with the assistance of any state rental voucher program
or federal housing choice voucher program. During fiscal year 2004, said
program shall seek to provide such rolling stock housing for not less
than 400 eligible families.”[E].
Pending the question on adoption
of the amendments, Mr. Jones of North Reading and other members of the
House moved that the amendments offered by Mr. Rogers of Norwood, et als,
be amended in proposed item 4130-3050 by striking out [at “A”]
the figures “272,326,418” and inserting in place thereof the
figures “277,326,418”; in proposed item 4403-2000 by striking
out [at “B”] the figures “326,374,779” and inserting
in place thereof the figures “321,374,779”; by striking out
[at “C”] the following: “By striking out section 393”;
by striking out [at “D”] the word “section” and
inserting in place thereof the words “two sections”; and by
inserting after the word “families.” [at “E”]
the following section:
“SECTION 487. Subsection
(j) of section 10 of chapter 5 of the acts of 1995 is hereby amended by
inserting at the end thereof the following:—
Recipients not qualifying as exempt
under the provisions of subsection (e) and whose child of record is under
the age at which full-time school attendance is mandatory in the city
or town in which such child resides, may meet 10 hours of said work requirement
through education and training programs that meet the requirements of
the federal Personal Work and Responsibility Act of 1996.”.
After debate on the question on
adoption of the further amendments, the sense of the House was taken
by yeas and nays, at the request of Ms. St. Fleur of Boston; and on
the roll call 106 members voted in the affirmative and 51 in the negative.
Therefore the further amendments
were adopted.
Mr. Cabral of New Bedford and other
members of the House then moved that the amendments offered by Mr. Rogers
of Norwood, et als, be amended by inserting before the word “and”
[at “F”] the following “in line 12 by inserting after
the word ‘costs’ the following: ‘; provided further,
that $1,950,000 shall be expended for the young parent programs’;
and by striking out the figures ‘9,067,679’ and inserting
in place thereof the figures: ‘11,017,679’”; and by inserting after the following: “‘90 percent of the’;”
[at “G”] the following: “in
item 4800-1600 by striking out the figures ‘18,842,950’ and
inserting in place thereof the figures:— 16,892,950.”.
The further amendments were adopted.
After debate on the question on
adoption of the amendments offered by Mr. Rogers of Norwood, et als,
as amended, the sense of the House was taken by yeas and nays, at the
request of Mr. Larkin of Pittsfield; and on the roll call 141 members
voted in the affirmative and 15 in the negative.
Therefore the amendments, as amended,
were adopted.
Mr. Rogers of Norwood and other
members of the House then moved that the bill
be amended in section 112, in lines 13, 14 and 15, by
striking out the words “determination by the general court to transfer
and appropriate for any such purpose shall be made, after a hearing before
the joint committee on ways and means and a comprehensive analysis of
alternative legislative action and revenue sources, upon a finding that
the transfer and” and inserting in place thereof the words “determination,
by a two-thirds majority vote, of the general court to transfer or appropriate
for any such purpose shall be made, after a hearing before the joint committee
on ways and means and a comprehensive analysis of alternative legislative
action and revenue sources, upon a finding that the transfer or”;
and by striking out section 454 [A] and inserting in place thereof the
following:
“SECTION 454. Notwithstanding
any general or special law to the contrary, the executive office for administration
and finance shall develop and implement an $800,000,000 per year capital
program. Said executive office shall not issue more than $800,000,000
in general obligation debt in fiscal years 2004, 2005, 2006, 2007 and
2008. Said executive office shall file a 5 year capital plan no later
than September 1, 2003 with the house and senate committees on long-term
debt detailing by executive office, agency, project and capital authorization
line item how said $800,000,000 shall be allocated each year of the 5
year plan. [B]Provided, that if more than $20,000,000 in bonds are issued
during fiscal year 2004 then the following shall occur prior to June 30,
2004; (a) not less than $20,000,000 shall be issued and expended for the
purpose of affordable housing; (b) that the executive office of administration
and finance in cooperation with the executive office of environmental
affairs and the department of environmental protection, shall authorize
and issue bonds to fully meet its obligations under the biosolids improvement
project grant award #WPC-MASS-S141 and #WPC-MASS-S142 by June 30, 2006;
(c) that the executive office of administration and finance in cooperation
the Metropolitan District Commission or any successor agency that will
administer the Connors Memorial swimming pool, is hereby authorized and
directed to authorize and issue bonds and shall undertake, the design
and reconstruction of the Connors Memorial swimming pool in the city of
Waltham and said project shall be completed under the supervision of the
engineering and construction division of the commission or succeeding
agency; (d) that Blackstone Housing Authority shall receive a capital
appropriation for replacement of a fire alarm protection system that does
not meet the minimum requirements prescribed in the Massachusetts Comprehensive
Fire Safety Code.
The provisions of this section
shall be deemed severable, and if any part of this section shall be adjudged
unconstitutional or invalid, such judgment shall not affect other valid
parts of this section or this act.”.
Pending the question on adoption
of the amendments, Mr. Jones of North Reading and other members of the
House moved that they be amended by striking out all the text after
[“A”].
After debate on the
question on adoption of the further amendment, the sense of the House
was taken by yeas and nays, at the request of Mr. Jones; and on the roll
call 43 members voted in the affirmative and 113 in the negative.
Therefore the further amendment
was rejected.
Mr. Rogers of Norwood then moved
that the amendments offered by him, et als, be amended in proposed section
454 by striking out the fourth sentence; and the further amendment was
adopted.
On the question on adoption of
the amendments offered by Mr. Rogers of Norwood, as amended, the sense
of the House was taken by yeas and nays, at the request of Mr. Jones of
North Reading; and on the roll call (the Speaker having returned to the
Chair), 130 members voted in the affirmative and 25 in the negative.
Therefore the amendments were adopted.
Recess.
At one minute after nine o’clock
P.M., on motion of Mr. Ruane of Salem) (the Speaker being in the Chair),
the House recessed until the hour of ten o’clock A.M. on Tuesday,
May 6
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