JOURNAL OF THE HOUSE.
Wednesday, May 8, 2002.
 
 

Met according to adjournment, at ten o’clock A.M.

Prayer was offered by the Reverend Robert F. Quinn, C.S.P., Chaplain of the House, as follows:

Holy Spirit of God, grant us clarity of thought and guide our efforts in our struggle to make prudent and sound legislative decisions as we take up House 5100, the annual budget for the Commonwealth. Inspire us to select the best legislative options and choices which are available to us and serve the primary interests of the people now and in the years ahead. In these stressful and unusual times of fear and possible terrorist actions, help us to be rational and non-emotional leaders who build confidence in the relevance and effectiveness of our basic institutions in serving today’s needs. Above all, teach us to remain faithful to You, our Creator, and to the biblical principles and spiritual values which You have given us for achieving a successful and happy life.

Grant Your blessings to the Speaker, the members and employees of this House and their families. Amen.

At the request of the Speaker, the members, guests and employees joined with him in reciting the pledge of allegiance to the flag.

Messages from the Acting Governor.

A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to providing for a study of the impact of local rent control regulation of manufactured housing communities (House, No. 5066) was filed this day in the office of the Clerk.

The message was read; and it was referred, under Rule 30, with the accompanying draft of a bill, to the committee on Housing and Urban Development. Sent to the Senate for concurrence. 

A message from Her Honor the Lieutenant-Governor, Acting Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to clarifying a special act affecting the town of Hopedale (House, No. 5067) was filed this day in the office of the Clerk.

The message was read; and. it was referred, under Rule 30, with the accompanying draft of a bill, to the committee on Public Service. Sent to the Senate for concurrence. 

A message from Her Honor the Lieutenant-Governor, Acting Governor, recommending legislation relative to the Massachusetts Bay Transportation Authority forward funding (House, No. 5068) was filed this day in the office of the Clerk.

The message was read; and it was referred, under Rule 30, with the accompanying draft of a bill, to the committee on Transportation. Sent to the Senate for concurrence.

 

A message from Her Honor the Lieutenant-Governor, Acting Governor, submitting recommendations for making appropriations for the fiscal year 2002 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 5069) was filed this day in the office of the Clerk.

The message was read; and it was referred, under Rule 30, with the accompanying draft of a bill, to the committee on Ways and Means. 

Statement Concerning Representative Golden of Boston.

A statement of Mr. DiMasi of Boston concerning Mr. Golden of Boston 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 Golden of Boston, will not be present in the House Chamber for today’s sitting due to a the continuance of his military service as an officer in the United States Army in Bosnia. Any roll calls that he may miss today and until his return from active duty will be due entirely to the reason stated.

Statement Concerning Representative Kulik of Worthington.

A statement of Mr. DiMasi of Boston concerning Mr. Kulik of Worthington 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 Kulik of Worthington, will not be present in the House Chamber for the next several weeks due to a previously scheduled surgical procedure and recovery. Any roll calls that he may miss during that period will be due entirely to the reason stated.

Statement Concerning Representative Marini of Boston.

A statement of Mr. Jones of North Reading concerning Mr. Marini of Hanson 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 Marini of Hanson, will not be present in the House Chamber for today’s sitting due to illness. Any roll calls that he may miss today will be due entirely to the reason stated.

Statement of Representative Parente of Milford.

A statement of Representative Parente of Milford 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 not able to be present in the House Chamber for a portion of today’s sitting due to official business in another part of the State House. Any roll calls that I may miss today is due entirely to the reason stated.

Papers from the Senate.

A communication from the Executive Office of Environmental Affairs (under the provisions of Section 20 of Chapter 21A of the General Laws) relative to the Environmental Joint Powers Agreement (Senate, No. 3) was referred, in concurrence, to the committee on Natural Resources and Agriculture.

Reports of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspections of certain correctional facilities, as follows:

Of the Berkshire County House of Correction and Jail, in the city of Pittsfield;

Of the Hampden County Sheriff’s Department and Correctional Center, in the town of Ludlow; and

Of the Plymouth County Correctional Facility, in the town of Plymouth;

Severally were spread upon the records of the House; and returned to the Senate.

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 petition of Peter J. Larkin relative to requiring the Teachers’ Retirement Board to grant certain retirement benefits to Carol Mellett, surviving spouse of Thomas Mellett. Under suspension of the rules, on motion of Mr. Larkin of Pittsfield, the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service. Sent to the Senate for concurrence.

Emergency Measures.

The engrossed Bill relative to veteran registration plates for motorcycles (see House, No. 4334, amended), having been certified by the Clerk to be rightly and truly prepared for final passage, was considered, the question being on adopting the emergency preamble.

A separate vote was taken, as required by the provisions of Article XLVIII (as amended by Article LXVII) of the Amendments to the Constitution; and the preamble was adopted, by a vote of 32 to 0. Sent to the Senate for concurrence.

Engrossed Bill.

The engrossed Bill providing for local government workforce reduction through an early retirement incentive program for certain employees (see House, No. 5007, amended), having been certified by the Clerk to be rightly and truly prepared for final passage, was considered, the question being on adopting the emergency preamble.

A separate vote was taken, as required by the provisions of Article XLVIII (as amended by Article LXVII) of the Amendments to the Constitution; and the preamble was adopted, by a vote of 40 to 0. Sent to the Senate for concurrence.

Engrossed Bill.

The engrossed Bill providing for an early retirement incentive program for certain employees of the Springfield Water and Sewer Commission (see House, No. 4685, amended) (which originated in the House), having been certified by the Clerk to be rightly and truly prepared for final passage, was passed to be enacted; and it was signed by the Speaker and sent to the Senate.

Engrossed Bill — Land Taking.

The engrossed Bill authorizing the town of Amherst to acquire easements for the construction of sewerage pumping stations and related facilities (see House, No. 4462) (which originated in the House), having been certified by the Clerk to be rightly and truly prepared for final passage, was put upon its final passage.

On the question on passing the bill to be enacted, the sense of the House was taken by yeas and nays (this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution); and on the roll call 151 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 297 in Supplement.]

Therefore the bill was passed to be enacted; and it was signed by the Speaker and sent to the Senate.

Reconsideration.

Mrs. Donovan of Woburn moved that the vote be reconsidered by which the House, at the preceding sitting, passed to be enacted the engrossed Bill providing for a special election in the city of Woburn (see Senate, No. 2317); and the motion to reconsider prevailed.

Pending the recurring question on passing the bill to be enacted, the same member moved that Rule 40 be suspended; and the motion prevailed.

Mrs. Donovan then moved that the bill be amended in section 1, in lines 6 and 7 (as printed), by striking out the sentence contained therein and inserting in place thereof the following sentence: “Notification of the changes in polling locations shall be provided by mail although households with multiple voters need only receive one such notice.”.

The amendment was adopted. Sent to the Senate for concurrence.

Orders of the Day.

The House Bill making appropriations for the fiscal year 2003 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. 5100) was read a second time.

Pending the question on ordering the bill to a third reading, Mr. Marini of Hanson and other members of the House moved that it be amended by substitution of a bill with the same title, which was read.

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. Jones of North Reading; and on the roll call (Ms. Flavin of Easthampton being in the Chair) 23 members voted in the affirmative and 128 in the negative.

[See Yea and Nay No. 298 in Supplement.]

[Mr. Barrios of Cambridge answered “Present” in response to his name.]

Therefore the amendment was rejected,

The bill then was ordered to a third reading.

At five minutes after twelve o’clock noon, the Speaker took the Chair and declared a recess until half past one o’clock P.M.; and at thirteen minutes before two o’clock the House was called to order.

Subsequently (Mr. Correia of Fall River being in the Chair), under suspension of the rules, on motion of Mr. Rogers of Norwood, the bill was read a third time.

The committee on Bills in the Third Reading reported recommending that the bill be amended in section 36, in subsection 1, by striking out the third sentence and inserting in place thereof the following sentence: “The office shall be headed by a deputy commissioner appointed by a majority vote of the attorney general, the state auditor and the governor.”.

The amendment was adopted.

After debate on the question on passing the bill, as amended, to be engrossed (Mr. Flynn of Bridgewater being in the Chair), Mr. Rogers of Norwood and other members of the House moved that it be amended in section 2 by striking out items 5011-0100, 5011-0300, 5042-5000, 5042-5002, 5046-0000, 5046-2000, 5046-4000, 5046-9999, 5047-0001, 5047-0002, 5055-0000, 5095-0015 and 5095-0016 and inserting in place thereof the following items:

“5011-0100 For the operation of the department; provided, that the department shall not refer or discharge a child or adolescent to the custody or care of the department of social services until the department of mental health forwards its assessment and recommendation as to whether the child or adolescent is appropriate for foster care, or if due to severe emotional disturbance, is more

appropriate for group care ......... 32,134,309

5011-0300 For the costs of pharmaceutical administration certification of direct care employees of private human services providers under contract with

the department 401,187

5042-5000 For child and adolescent services; provided, that not less than $1,800,000 shall be expended from this item in fiscal year 2003 to ensure that a licensed practitioner or a licensed nurse administers medication to children and adolescents whose mental health services are delivered by public or private providers of such

services ....... 56,576,383

General Fund 96.82%

Tobacco Settlement Fund 3.18%

5042-5002 For a reserve for the costs of psychiatric and related services provided to children and adolescents, determined to be medically ready for discharge from acute hospital units or mental health facilities, who are experiencing unnecessary delays in being discharged due to the lack of more appropriate settings; provided, that for the purpose of funding said services, the commissioner of the department of mental health may allocate funds from the amount appropriated herein to other departments within the executive office of health and human services; provided further, that said department shall submit a report to the house and senate committees on ways and means not later than January 15, 2003 on the results of the collaboration between said department and the other departments within the executive office of health and human services; provided further, that said report shall detail the current status of the implementation of clinically appropriate service models for said population of children and adolescents, remaining disparities in the service system which require children and adolescents to be served in unnecessarily restrictive or otherwise clinically inappropriate settings, and changes during fiscal years 2001 and 2002 in the clinical acuity of children and adolescents; provided further, that not less than $4,401,180 shall be expended for 38 intensive residential treatment beds and wrap around services for children under the care of the department of social services, in need of intensive clinical treatment, provided further, that not less than $336,825 shall be expended to provide a licensed mental health professional for each of the six regions within the department of social services to serve as clinical care coordinators; provided further, that not less than $3,413,160 shall be expended for 36 community and intensive residential treatment beds for children who meet the department of mental health’s eligibility requirements; and provided further, that $85,329 shall be provided for specialized psy-

chiatry services 9,082,000

5046-0000 For adult mental health and support services; provided, that the department shall allocate funds in an amount not to exceed $5,000,000 from item 5095-0015, to this item, as necessary, pursuant to allocation plans submitted to the house and senate committees on ways and means 30 days prior to any such transfer, for residential and day services for clients formerly receiving care at department facilities, and provided further, that the department shall report to the house and senate committees on ways and means on the distribution of funds per adult and child planning population, so-called, and the types of services received in each region for fiscal year 2003 not later than February 1,

2003. 262,394,177

5046-2000 For homelessness services 21,701,624

5046-4000 The department of mental health may expend revenues collected up to a maximum of $125,000 from occupancy fees charged to the tenants in the creative housing option in community environments, the CHOICE program, so-called, authorized by chapter 167 of the acts of 1987; provided, that all such fees collected shall be expended for the routine maintenance and repair of facilities in the CHOICE program, so-

called, including the costs of personnel 125,000

5046-9999 For the payment of charges assessed to the department for the payment of workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback, so-called; provided, that notwithstanding any general or special law to the contrary, prior to April 15, 2003, all funds appropriated herein shall be scheduled in the DD subsidiary, so-called; provided further, that after said date, the commissioner of the department of mental health, with the approval of the secretary of administration and finance, may transfer from said DD subsidiary to the KK subsidiary or the NN subsidiary, so-called, of this account, an amount not to exceed 15 percent of the funds appropriated herein, if the secretary of administration and finance certifies in writing to the house and senate committees on ways and means that the following conditions have been met: (1) that the charges owed by the department for workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback are less than the amount appropriated herein; (2) that the department does not require any supplemental appropriation in any of its other items of appropriation; (3) that the department is expected to meet the revenue targets established in sections 1A and 1B; and (4) that the department has not expended any funds for the payment of workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback, so-called, in any other item of appropriation; provided further, that the secretary of administration and finance shall notify the house and senate committees on ways and means of all transfers of funds between subsidiaries as authorized herein; and provided further, that no funds shall be scheduled to any subsidiary in this account which is not explic-

itly provided for in this item 6,578,689

5047-0001 For emergency service programs and acute inpatient mental health care services; provided, that the department shall continue an interagency service agreement with the division of medical assistance for the purchase of said services and for such other services as said agreement may provide, including, but not limited to, acute inpatient care and diversionary services; provided further, that the most recent savings projection from the implementation of said agreement may be expended for community services in the MM subsidiary, so-called, of this item; provided further, that said emergency service programs shall take all reasonable steps to identify and invoice the third party insurer of all persons serviced by said programs; provided further, that the department shall report to the house and senate committees on ways and means not later than January 30, 2003, on the utilization of said emergency programs and acute inpatient beds by clients of the department during each month of fiscal year 2002; provided further, that said report shall detail the number of clients of the department determined to be eligible for the medicaid program during fiscal year 2002; and provided further, that said report shall detail expenditures made by the division of medical assistance on behalf of clients of the department and those uninsured persons not deemed to be clients of said department from the amounts appropriated in item 5047-0001 of chapter 177 of the acts of 2001 during fiscal year 2002 for said acute inpatient

care and emergency services 31,173,620

5047-0002 Notwithstanding any general or special law to the contrary, the department may expend revenues on continuing care services in the community in an amount not to exceed $6,000,000 from increased federal reimbursements collected for services rendered in emergency programs and acute inpatient and diversionary settings; provided, that not less than an additional $1,000,000 from the reimbursements shall be deposited in the General Fund by the close of fiscal year 2003; provided further, that upon such deposit, the secretary of administration and finance shall certify in writing to the house and senate committees on ways and means that the amount has been deposited into the General Fund; provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payments amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, that the department shall submit a report to the house and senate committees on ways and means not later than February 3, 2003, detailing the use of any funds encumbered or expended from this item including, but not limited to, the number of clients served, the types of services purchased by region, and the annualized impact of the

expenditures in the subsequent fiscal year 6,000,000

5055-0000 For forensic services provided by the department 6,524,464

5095-0015 For the operation of adult inpatient facilities, including the community mental heath centers; provided, that the department may allocate funds in an amount not to exceed $5,000,000 from this item to item 5046-0000, as necessary, pursuant to allocation plans submitted to the house and senate committees on ways and means 30 days prior to any such transfer, for residential and day services for clients formerly receiving inpatient care at the centers and facili-

ties ............................... 171,301,319

5095-0016 For a one-time payment for the consolidation of the Medfield State Hospital; provided, that funds from this item shall be expended to establish not less than five Program of Assertive Community Treatment (PACT) teams, so-called; provided further, that the department of mental health shall report to the house and senate committees on ways and means not later than March 15, 2003, detailing the number of clients being served in community residential settings by said five PACT teams; and provided further, that the department of mental health shall not request appropriation for the annualization of

these funds in fiscal year 2004 3,600,000

Tobacco Settlement Fund 100.0%.

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 Ms. Rogeness of Longmeadow; and on the roll call 154 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 299 in Supplement.]

Therefore the amendment was adopted.

The House Bill designating a certain square in the town of Dracut as the Captain John Ogonowski Memorial Square (House, No. 4749) (its title having been changed by the committee on Bills in the Third Reading), reported by said committee to be correctly drawn, was read a third time.

Pending the question on passing the bill to be engrossed, Mr. Peterson of Grafton asked for a count of the House to ascertain if a quorum was present. The Speaker, 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 148 members were recorded as being in attendance.

[See Yea and Nay No. 300 in Supplement.]

Therefore a quorum was present.

Mr. Kelly of Dalton then moved that the bill be amended by adding at the end thereof the following section:

“SECTION 2. The section of the Ashuwillticock Rail Trail from Route 8 in Cheshire North to the Adams Town Line shall be designated and known as the Army Sergeant 1st Class Daniel H. Petithory Memorial Trail, in recognition of his honorable and valiant service to his country during Operation Enduring Freedom in Afghanistan. Sgt. Petithory, a Green Beret, was killed in action on December 5, 2001. The department of highways shall erect and the appropriate department or agency shall maintain a suitable marker bearing the designation in compliance with the standards of the department.”.

The amendment was adopted.

After remarks on the question on passing the bill, as amended, to be engrossed, the sense of the House was taken by yeas and nays, at the request of Miss Garry of Dracut; and on the roll call 154 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 301 in Supplement.]

Therefore the bill (House, No. 4749, amended) was passed to be engrossed. Sent to the Senate for concurrence.

The House Bill making appropriations for the fiscal year 2003 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. 5100, amended) was considered, the main question being on passing it to be engrossed.

Mr. Rogers of Norwood and other members of the House moved that the bill be amended in section 2 by striking out items 5911-1000, 5911-1210, 5911-2000, 5911-9999, 5920-1000, 5920-2000, 5920-2010, 5920-2020, 5920-2025, 5920-3000, 5920-4050, 5920-5000, 5920-6000, 5920-8000, 5930-1000, 5982-1000 and 1599-6901, and inserting in place thereof the following items:

“5911-1000 For the administration of the department of mental retardation; provided, that the department is hereby authorized and directed to conduct an investigation as to the distribution of funds among regions and report such findings to the house and senate committees on ways and means not later than December 15, 2002; provided further, that such findings shall include, but not be limited to, any adjustments to formulas or other factors needed to provide the equitable distribution of regional funding; and provided further, that not more than $205,161 be expended from this item for the governor’s

commission on mental retardation 6,343,502

5911-1210 For the costs of certifying direct care employees of private human services providers that deliver services under contract with the department of mental retardation in pharmaceutical adminis-

tration 1,412,451

5911-2000 For transportation costs associated with the adult services program; provided, that the department shall provide transportation on the basis of pri-

ority of need as determined by the department 24,711,643

5911-9999 For the payment of charges assessed to the department of mental retardation for the payment of workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback, so-called; provided, that the department shall maximize the opportunity to avoid long-term workers compensation payments; provided further, that notwithstanding any general or special law to the contrary, prior to April 15, 2003 all funds appropriated herein shall be scheduled in the DD subsidiary, so-called; provided further, that after said date, the commissioner of the department of mental retardation, with the approval of the secretary of administration and finance, may transfer from the DD subsidiary to the KK subsidiary, so-called, or the NN subsidiary, so-called, of this account, an amount not to exceed 15 per cent of the funds appropriated herein, if the secretary of administration and finance certifies in writing to the house and senate committees on ways and means that the following conditions have been met: (1) that the charges owed by the department for workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback are less than the amount appropriated herein; (2) that the department does not require any supplemental appropriation in any of its other items of appropriation; (3) that the department is expected to meet the revenue targets established in sections 1A and 1B; and (4) that the department has not expended any funds for the payment of workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback, so-called, in any of its other items of appropriation; provided further, that the secretary of administration and finance shall notify the house and senate committees on ways and means of all transfers of funds between subsidiaries as authorized herein; and provided further, that no funds shall be scheduled to any subsidiary in this account which is not explic-

itly provided for herein 7,873,369

5920-1000 For the operation of regional and area offices of the department; provided, that the department shall submit a semi-annual report to the house and senate committees on ways and means detailing the total number of service coordinators within the department, the number of consumers served by said coordinators, and the amount of

time spent per month per consumer 52,782,927

5920-2000 For vendor-operated community-based residential adult services and for $9,520,000 in annualized funding for turning 22 clients who began receiving the services in fiscal year 2002 pursuant to item 5920-5000 of section 2 of chapter 177 of the acts of 2001; provided, that $9,625,000 shall be expended for the fiscal year 2002 annualized cost of the settlement agreement Rolland vs. Cellucci, so-called, and $4,800,000 shall be expended for the fiscal year 2003 cost of the settlement; provided further, that the commissioner of the department of mental retardation is hereby authorized and directed to transfer funds from this item to item 5920-2010, as necessary, pursuant to an allocation plan, which shall detail by subsidiary the distribution of said funds to be transferred and which said commissioner shall file with the house and senate committees on ways and means 15 days prior to any such transfer; and provided further, that not more than $5,000,000 shall be transferred from this item in fiscal year

2003 400,673,860

5920-2010 For state-operated community-based residential services for adults, including community-based health services for adults; provided, that the department shall maximize federal reimbursement, whenever possible under federal regulation, for the direct and indirect costs of services

provided by the employees funded in this item . 107,929,376

5920-2020 For compliance with the terms of the Settlement Agreement, dated December 19, 2000, and entered into by the parties of Boulet v. Cellucci, Civil Action No. 99-CV-10617-DPW, filed in the United States District Court of Massachusetts in order to provide services to the clients of the department on the waiting list on July 14, 2000; provided further, that notwithstanding paragraph 41 of the Settlement Agreement for Boulet, et al v. Cellucci, et al, civil action No. 99-CV-10617-DPW, United States District Court of Massachusetts, no amount appropriated herein shall fund attorneys’ fees for the above-referenced action; provided further, that the department shall submit copies of the quarterly reports required by Section G of said Settlement Agreement to the house and senate committees on ways and means; and provided further, that any names and other identifying personal information contained in said quarterly reports shall be redacted from the reports prior to their submission to the committees on ways and means in order to preserve the confiden-

tiality of said information 36,500,000

5920-2025 For community-based day and work programs for adults and for $2,720,000 in annualized funding for turning 22 clients who began receiving services in fiscal year 2002 pursuant to item 5920-5000 of section 2 of chapter 177 of the acts of

2001 87,469,833

5920-3000 For respite services and for $1,360,000 in annualized funding for turning 22 clients who began receiving services in fiscal year 2002 pursuant to item 5920-5000 of section 2 of chapter 177 of the acts of 2001; provided, that the department shall pursue the highest rates of federal

reimbursement possible for such services 52,363,690

5920-4050 For services to clients identified by the department as unserved or underserved, so-called, on the waiting list for services compiled by the department; provided, that the amount appropriated herein shall not annualize to more than $34,564,471 in fiscal year 2004; provided further, that the department shall report to the house and senate committees on ways and means not later than January 1, 2003, on the use of any funds encumbered or expended from this item including, but not limited to, the number of clients served in each region and the types of services purchased in each region and the household income levels of families receiving respite care; provided further, that nothing herein shall give rise to enforceable legal rights in any party or an enforceable entitlement to the services funded herein; and provided further, that nothing stated herein shall be construed as giving rise to such enforceable legal rights or

such enforceable entitlement ............ 34,564,471

5920-5000 For services for clients of the department who turn 22 years of age during state fiscal year 2003; provided, that the amount appropriated herein shall not annualize to more than $13,600,000 in fiscal year 2004; provided further, that the department shall report to the house and senate committees on ways and means not later than January 1, 2003, on the use of any funds encumbered or expended from this item including, but not limited to, the number of clients served in each region and the types of services purchased in each region; provided further, that nothing herein shall give rise to enforceable legal rights in any party or an enforceable entitlement to the services funded herein; and provided further, that nothing stated herein shall be construed as giving rise to such enforceable legal rights or such enforceable

entitlement 6,467,670

5920-6000 For services to the older unserved; provided, that nothing herein shall give rise to enforceable legal rights in any party or an enforceable entitlement to the services funded herein; and provided further, that nothing stated herein shall be construed as giving rise to such enforceable

legal rights or such enforceable entitlement 6,615,000

5920-8000 For the child and adolescent services program ................. 5,277,581

5930-1000 For the operation of facilities for the mentally retarded, including the maintenance and operation of the Glavin regional center; provided, that the commissioner of the department of mental retardation shall transfer funds from this item to items 5920-2000, 5920-2010 and 5920-2025, as necessary, pursuant to an allocation plan, which shall detail by subsidiary and contract the distribution of the funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means 15 days prior to any such transfer; provided further, that not more than $3,000,000 shall be transferred from this item in fiscal year 2003; and provided further, that the department shall maximize federal reimbursement, whenever possible under federal regulation, for the direct and indirect costs of services provided by

the employees funded in this item 168,997,789

5982-1000 The department of mental retardation is hereby authorized to expend an amount not to exceed $100,000 accrued through the sale of milk and other farm-related products at the Templeton Developmental Center, for program costs of said center, including supplies, equipment, and maintenance of the facility; provided, that notwithstanding the provisions of any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, said 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 therefor as reported in the state

accounting system 100,000

1599-6901 For a reserve to adjust the wages, compensation or salary and associated employee-related costs to personnel earning less than $20,000 in annual compensation who are employed by private human service providers that deliver human and social services under contracts with departments within the executive office of health and human services and the executive office of elder affairs; provided, that the secretary of administration and finance is hereby authorized to allocate the funds appropriated herein to said departments in order to implement said initiative; provided further, that the operational services division shall condition the expenditure of said reserve upon assurances that said funds shall be used solely for the purposes of said adjustments to wages, compensation or salary; provided further, that said division shall submit to the house and senate committees on ways and means a report delineating the number of employees, by job title and average salary, receiving said adjustment in fiscal year 2003 and the average percentage adjustment funded by this reserve; provided further, that said report shall also include, for each contract scheduled to receive any allocation from this item in each said department, the total payroll expenditures in each contract for the categories of personnel scheduled to receive such adjustments; provided further, that no funds from this item shall be allocated to special education programs under chapter 71B of the General Laws, contracts for child care services or programs for which payment rates are negotiated and paid as class rates, so-called, as established by the division of health care finance and policy; provided further, that no funds shall be allocated from this item to contracts funded exclusively by federal grants as delineated in section 2D; provided further, that the total fiscal year 2003 cost of salary adjustments and any other associated employee costs authorized there under shall not exceed $5,000,000; provided further, that $1,000,000 shall be expended in fiscal year 2003 to adjust the wages, compensation or salary and associated employee-related costs to personnel earning less than $20,000 and not more than $22,500 in annual compensation who are employed by private human service providers that deliver human and social services under contracts with departments within the executive office of health and human services and the executive office of elder affairs; and provided further, that the annualized cost of said adjustments in fiscal year 2004 shall not

exceed the amount appropriated herein . 6,000,000”.

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. DeLeo of Winthrop; and on the roll call 152 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 302 in Supplement.]

[Mr. Barrios of Cambridge answered “Present” in response to his name.]

Therefore the amendment was adopted.

At six minutes after six o’clock P.M., the Speaker declared a recess until the hour of seven o’clock; and at a quarter after seven o’clock the House was called to order.

Mr. Marini of Hanson and other members of the House then moved that the bill be amended by adding at the end thereof (as changed by the committee on Bills in the Third Reading) the following seven sections:—

“SECTION 124. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of the department of revenue is hereby authorized to establish a tax amnesty program during which all penalties that could be assessed by the commissioner for the failure of the taxpayer to:

(1) to timely file any proper return for any tax types and for any tax periods,

(2) to file proper returns which report the full amount of the taxpayer’s liability for any tax types and for any tax periods,

(3) to timely pay any tax liability, or

(4) to pay the proper amount of any required estimated payment toward a tax liability, shall be waived, without the need for any showing by the taxpayer of reasonable cause or the absence of willful neglect, if the taxpayer, prior to the expiration of the amnesty period, voluntarily files proper returns for all tax types for all periods for which the taxpayer has or had a filing obligation and pays, or at the commissioner’s discretion provides security for, the full amount of tax shown on the taxpayer’s returns or upon the commissioner’s assessments, together with all interest due the commonwealth. The amnesty program shall be established for a period within fiscal year 2003 of two consecutive months to be determined by the commissioner.

The commissioner’s authority to waive penalties during the amnesty period shall not apply to any taxpayer who, prior to the start date of the amnesty program selected by the commissioner, is or has been the subject of any tax-related criminal investigation or prosecution. The amnesty program shall not apply to any tax liability of any tax type for any period commencing on or after January 1, 2001, and shall not authorize the waiver of any interest or amount treated as interest. The commissioner is authorized to offer the amnesty to those taxpayers who have either any unpaid self-assessed liability or who have been assessed a tax liability, whether before or after their filing of a return, which assessed liability remains unpaid to the commonwealth.

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

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

SECTION 125. For the purposes of discovering and identifying persons who are delinquent either in the filing of any tax return or the payment of any tax due and payable to the commonwealth and of obtaining those delinquent returns and collecting those delinquent taxes for any prior fiscal year, the commissioner of the department of revenue is hereby authorized to expend the monies appropriated in this act for the purpose of maximizing the tax revenues paid to the commonwealth. The commissioner shall report annually to the joint committee on taxation and the house and senate committees on ways and means the amounts expended under the program and tax revenues collected.

SECTION 126.

“1201-0101 The department of revenue is hereby authorized to expend for the costs of the programs authorized by sections 1 and 2 of this act an amount not to exceed $6,054,988 from the revenues collected under the programs; provided, notwithstanding the provisions of any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department 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 therefor as reported in

the state accounting system 6,054,988”.

SECTION 127. For the purpose of making available in fiscal year 2003, the balance of appropriation 1201-0101, which otherwise would revert on June 30, 2002, the unexpended balance of the appropriation, not to exceed $6,054,988, is hereby re-appropriated for the purposes of and subject to the conditions stated in the corresponding item in section 3 of this act. The sums re-appropriated herein shall be in addition to any amounts available for these purposes.

SECTION 128. The commissioner of the department of revenue may adopt rules and regulations as the commissioner deems necessary to implement the provisions of sections 124 to 127, inclusive.”.

The amendment was adopted.

Mr. Marini of Hanson and other members of the House moved that the bill be amended by adding at the end thereof the following section:—

“SECTION 129. Paragraph 2 of subsection (a) of section 2 of chapter 62, as appearing in the 2000 Official Edition, is hereby amended by adding, at the end thereof, the following new subparagraphs:—

(L) Amounts, whether in a single sum or otherwise, paid by an employer by reason of the death of an employee who is a specified terrorist victim, as defined in section 25 of this chapter; provided, however, subject to such rules as the commissioner may prescribe from time to time, that this section shall not apply to (i) amounts which would have been payable after death if the individual had died other than as said specified terrorist victim; and (ii) incidental death benefits paid from a plan described in the provisions of section 401(a) of the Internal Revenue Code and exempt from tax under the provisions of section 501(a) of the Internal Revenue Code. For purposes of this section, the term ‘employee’ shall include a self-employed individual as defined under section 401 (c)(1) of the Internal Revenue Code.

(M) Any amount which, but for this section, would be included in gross income by reason of the discharge, in whole or in part, of indebtedness of any taxpayer if the discharge is by reason of the death of an individual incurred as the result of the terrorist attacks against the United States on September 11, 2001, or as the result of illness incurred as a result of an attack involving anthrax occurring on or after September 11, 2001, and before January 1, 2002.

(N) Any amount received by an individual as a qualified disaster relief payment.

(i) For purposes of this section, the term ‘qualified disaster relief payment’ means an amount paid to or for the benefit of an individual (a) to reimburse or pay reasonable and necessary personal, family, living, or funeral expenses incurred as a result of a qualified disaster, (b) to reimburse or pay reasonable and necessary expenses incurred for the repair or rehabilitation, of a personal residence or repair or replacement of its contents to the extent that the need for such repair, rehabilitation, or replacement is attributable to a qualified disaster, (c) by a person engaged in the furnishing or sale of transportation as a common carrier by reason of the death or personal physical injuries incurred as a result of a qualified disaster, or (d) if such amount is paid by a United States, state, or local government, or agency or instrumentality thereof, in connection with a qualified disaster in order to promote the general welfare, but only to the extent any expense compensated by such payment is not otherwise compensated for by insurance or otherwise.

(ii) For purposes of this section, the term ‘qualified disaster’ means (a) a disaster which results from a terroristic or military action as defined in section 692(c)(2) of the Internal Revenue Code as in effect for the current taxable year, (b) a Presidentially declared disaster as defined in section 1033(h)(3) of the Internal Revenue Code as in effect for the current taxable year, (c) a disaster which results from an accident involving a common carrier, or from any other event, which is determined by the commissioner to be of a catastrophic nature, or (d) with respect to amounts described in subclause (d) of clause (i) of this subparagraph, a disaster which is determined by the applicable United States or state authority to warrant assistance from the United States or state or agency or instrumentality thereof.

(iii) This section shall not apply with respect to any individual identified by the attorney general of the United States to have been a participant or conspirator in a terroristic action as specified in section 25 of this chapter or a representative of such individual.

(O) Any amount received as payment under section 406 of the Air Transportation Safety and System Stabilization Act, so called.

(P) Amounts received by an individual as disability income attributable to injuries incurred as a direct result of a terroristic or military action as defined in section 692(c)(2) of the Internal Revenue Code in effect for the current taxable year.

SECTION 130. Section 25 of chapter 62, as so appearing, is hereby amended by striking out said section and inserting in place thereof the following:—

Section 25. (a) Every individual who while an inhabitant of the commonwealth, and every executor, administrator, trustee or other fiduciary who while such an inhabitant or while acting under an appointment derived from a court in the commonwealth has received any income taxable under this chapter, and the estate of every deceased inhabitant of the commonwealth, shall be subject to the taxes imposed by this chapter.

(b) Any individual (i) who dies while in active service as a member of the Armed Forces of the United States and serving in a combat zone or while a military or civilian employee of the United States as a result of terroristic or military action; and (ii) who otherwise qualifies under the provisions of section 692 of the Internal Revenue Code, shall not be subject to taxation under this chapter to the same extent as that individual is exempt from federal income taxation under said section.

(c)(1) In the case of a specified terrorist victim, any tax imposed by this chapter shall not apply with respect to the taxable year in which falls the date of death, and with respect to any prior taxable year in the period beginning with the last taxable year ending before the taxable year in which the wounds, injury, or illness referred to in paragraph (3) were incurred.

(2) If, but for this paragraph, the amount of tax not imposed by paragraph (1) with respect to a specified terrorist victim is less than $3,000, then such victim shall be treated as having made a payment against the tax imposed by this chapter for such victim’s last taxable year in an amount equal to the excess of $3,000 over the amount of tax not so imposed.

(3) Subject to such rules as the commissioner may prescribe, paragraph (1) shall not apply to the amount of any tax imposed by this chapter which would be computed by only taking into account the items of income, gain, or other amounts attributable to (i) deferred compensation which would have been payable after death if the individual had died other than as a specified terrorist victim, or (ii) amounts payable in the taxable year which would not have been payable in such taxable year but for an action taken after September 11, 2001.

(4) For purposes of this subsection, the term ‘specified terrorist victim’ means any decedent (i) who dies as a result of wounds or injury incurred as a result of the terrorist attacks against the United States on April 19, 1995, or September 11, 2001, or (ii) who dies as a result of illness incurred as a result of an attack involving anthrax occurring on or after September 11, 2001 and before January 1, 2002. Such term shall not include any individual identified by the attorney general of the United States to have been a participant or conspirator in any such attack or representative of such an individual.

SECTION 131. Subsection (a) of section 21 of Chapter 62C, as so appearing, is hereby amended by striking out the subsection in its entirety and inserting in place thereof the following:—

(a) The disclosure by the commissioner, or by any deputy, assistant, clerk or assessor, or other employee of the commonwealth of any city or town therein, to any person but the taxpayer or his representative, of any return or of any item of return information contained in or set forth by any return or document on file with the commissioner, except in proceedings or activities to determine or collect the tax or for the purpose of any criminal prosecution for any non-tax crime under any chapter of the General Laws or for any tax crime under this chapter, chapter 60A, chapters 62 to 65C, inclusive, section 10 of chapter 121A and section 21 of chapter 138, is prohibited. For the purposes of this subsection, the terms ‘return’ and ‘return information’ shall have the meanings given to them, respectively, under section 6103)(b)(1) and section 6103(b)(2)(A) of the Internal Revenue Code as in effect for the taxable year. Each reference in those two sections to the word ‘Secretary’ shall be deemed to be a reference to the commissioner of revenue.

SECTION 132. Subsection (b) of section 21 of Chapter 62C, as so appearing, is hereby amended by adding a new paragraph numbered (19) to that subsection:—

(19) the disclosure of returns or return information to any United States or Massachusetts enforcement agencies or to any United States intelligence agencies if such agency has submitted a written request for such disclosure to the commissioner signed by the head of the requesting agency or his delegate. That request shall designate the specific persons or entities about which the disclosure is requested, shall state that the agency is directly engaged in the response to, investigation of, or intelligence-gathering operations concerning, a terrorist incident, threat or activity, shall designate the terrorist incident, threat or activity which is the subject matter of the request for disclosure, and shall state the specific reason or reasons why such disclosure may be relevant to the agency’s response to, investigation of, or intelligence-gathering operations concerning, such terrorist incident, threat or activity. Information disclosed hereunder may not be further disclosed by the recipient to any person or entity, or to any public or private agency, authority or organization whatsoever. Information disclosed hereunder shall be used solely in furtherance of any United States or state investigation or proceeding concerning any United States or state crime or concerning any terrorist incident, threat or activity. For purposes of this paragraph, the term ‘terrorist incident, threat or activity’ shall mean and include those acts of domestic and international terrorism as defined, respectively, in sections 2331(5) and 2331(1) of title 18 of the United States Code, as amended from time to time. No disclosure may be made by the commissioner under the authority of this paragraph after December 31, 2003.

SECTION 133. Chapter 62C of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding after section 86 the following new section:—

Section 87. In the case of a taxpayer determined by the commissioner to be affected by a Presidentially declared disaster, as defined in section 1033(h)(3) of the Internal Revenue Code as in effect for the current taxable year, or a terroristic or military action, as defined in section 692(c)(2) of said Internal Revenue Code, the commissioner may specify a period of up to 1 year that may be disregarded in determining, under this chapter, in respect of any tax liability of such taxpayer (1) whether any of the acts described in paragraph (1) of subsection (a) of section 81 were performed within the time prescribed therefor, determined without regard to extension under any other provision of this chapter for periods after the date determined by the commissioner of such disaster or action, (2) the amount of any interest, penalty, additional amount, or addition to the tax for periods after such date, and (3) the amount of any credit or refund.

In the case of a pension or other employee benefit plan, or any sponsor, administrator, participant, beneficiary, or other person with respect to such plan, affected by a disaster or action described in subsection (a), the commissioner may specify a period of up to 1 year which may be disregarded in determining the date by which any action is required or permitted to be completed under this chapter. No plan shall be treated as failing to be operated in accordance with the terms of the plan solely as the result of disregarding any period by reason of the preceding sentence.

SECTION 134. The commissioner of revenue shall promulgate such rules and regulations as necessary to implement the provisions of sections 129 to 133, inclusive.

SECTION 135. The provisions of subparagraph (L) of section 129 shall apply to taxable years ending before, on, or after September 11, 2002. The provisions of subparagraph (M) of section 129 shall apply to discharges made on or after September 11, 2001, and before January 1, 2002. The provisions of subparagraphs (N), (O) and (P) of section 129 shall apply to taxable years ending on or after September 11, 2001. The provisions of section 133 shall apply to disasters and terroristic or military actions occurring on or after September 11, 2001.”.

After remarks the amendment was adopted.

Mr. Marini of Hanson and other members of the House moved that the bill be amended by adding at the end thereof the following section:—

“SECTION 136. Chapter 60 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding after section 3D the following section:—

Section 3E. Partial payments of bills for taxes, excises or municipal charges and fees, including partial payments under sections 22 and 62 of this chapter, shall be applied first to any interest due, then to collection charges, that have been added to the bills, unless the amount of interest and charges taken together may be waived and the collector or other officer responsible for collecting the bills determines that the partial payment should first be applied to the underlying obligation.”.

After remarks the amendment was adopted.

Mr. Marini of Hanson and other members of the House moved that the bill be amended by striking out sections 15 and 36 to 39, inclusive.

After debate on the question on adoption of the amendment, Mr. Rogers of Norwood moved that the amendment offered by Mr. Marini, et als, be amended by striking out the following: “striking out sections 15 and 36 to 39, inclusive” and inserting in place thereof the following: “in section 36 by striking out the word ‘attorney’ (inserted by amendment) and inserting in place thereof the words:— treasurer and receiver”.

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 of North Reading; and on the roll call 131 members voted in the affirmative and 21 in the negative.

[See Yea and Nay No. 303 in Supplement.]

Therefore the further amendment was adopted, thus precluding a vote on the pending amendment.

Mr. Rogers of Norwood then moved that the bill be amended in section 135, in line 2, by striking out the year “2002” and inserting in place thereof the year “2003”; and in section 136, in line 14, by striking out the following “$150” and inserting in place thereof the following: “$450.”

After remarks the amendments were adopted.

Mr. Broadhurst of Methuen then moved that the bill be amended by adding at the end thereof the following section:—

“SECTION 137. Section 39 of Chapter 262, as appearing in the 2000 Official Edition, is hereby amended by striking lines 3 and 4 and inserting in place the following:— for the entry of every original petition, complaint or writ and transmitting it to the Recorder, when filed with an Assistant Recorder, two hundred dollars. An additional fee of fifty dollars shall be paid for the issuance of an injunction or restraining order.”.

The amendment was adopted.

 

Recess.

At twenty-eight minutes before nine o’clock P.M., on motion of Mr. Kaufman of Lexington (the Speaker being in the Chair), the House recessed until the hour of ten o’clock A.M. on Thursday, May 9, and at that time, the House was called to order with the Speaker in the Chair. 

Thursday, May 9, 2002 (at 10:00 o’clock A.M.).

Prayer was offered by the Reverend Brian G. Bachand of St. Mary’s Church in Holliston, as follows:

Good morning.

I am honored to stand before God and the House to ask for the Lord’s blessing upon you and the task that lies before this gathering. Before the blessing, a brief quote from a Massachusetts Senator from 1830, Senator Daniel Webster. Webster said, “It is the people’s Constitution, the people’s government, made by the people and answerable to the people.”

That is your privilege today, to seek what is best for the people, for the decisions and actions that will take place here this day.

So, in a spirit of trust and confidence, let us pray that the Lord’s wisdom and strength be yours as you begin the duties set before you.

Let us pray,

Almighty God, You have revealed Your glory to all nations. God of power and might, wisdom and justice, through You authority is rightly administered, laws are enacted, and judgment is decreed.

Lord, remove from our minds and hearts all that can distract us from focusing on our role to defend and promote the common good of our society.

Let us not seek to work for our own self-interest or promotion among our peers, rather, for the promotion of those in our society who seek education, food and clothing, housing, health care, employment and social assistance.

Lord God, as these elected officials in the House today seek the immense task of the budget, grant them wisdom and integrity that they may balance fiscal realities with the realities of the people they serve and know that they are answerable to the people.

Lord, grant an outpouring of patience and understanding today as each person listens to the challenges and concerns of each member of the House. May all be reminded that the issues before us today are an opportunity to handle them together with Your light of truth. May Your spirit help us to prioritize the needs this day.

Lord, assist us with Your spirit of counsel and fortitude that the time spent on the budget will lead to greater peace and justice for all, that when our work is over, we have sought to serve for the people who’s lives will be effected by our decisions.

And, may God’s blessings be upon each person here and upon those whom you hold in your heart, and may God bless the work you accomplish this day. Amen.

Mr. Loscocco of Holliston then moved that the prayer be spread upon the records of the House; and the motion prevailed.

At the request of the Speaker, the members, guests and employees joined with him in reciting the pledge of allegiance to the flag.

Statement Concerning Representative Caron of Springfield.

A statement of Mr. DiMasi of Boston concerning Mr. Caron of Springfield 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 Caron of Springfield will not be present in the House Chamber for today’s sitting due to illness. Any roll calls that he may miss today will be due entirely to the reason stated.

Statement of Representative Fennell of Lynn.

A statement of Mr. Fennell of Lynn 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 of today’s sitting due to a medical appointment. Any roll calls that I may miss today is due entirely to the reason stated.

Statement of Representative Haddad of Somerset.

A statement of Ms. Haddad of Somerset 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 not present in the House Chamber for a portion of today’s sitting due to being unavoidably detained on my way to the State House. Any roll calls that I may have missed today is due entirely to the reason stated.

Statement of Representative Knuuttila of Gardner.

A statement of Mr. Knuuttila of Gardner 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 Representatives Atkins of Concord, Blumer of Framingham, Walrath of Stow and I were not present in the House Chamber for the taking of the quorum roll call immediately subsequent to the noon recess. We were meeting with the Secretary for Administration and Finance relative to the Concord Prison and were not notified of said quorum roll call.

Statement of Representative Loscocco of Holliston.

A statement of Mr. Loscocco of Holliston 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 of today’s sitting due to official business in another part of the State House. I missed a quorum roll call today due entirely to the reason stated.

Statement Concerning Representative Marini of Hanson.

A statement of Mr. Jones of North Reading concerning Mr. Marini of Hanson 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 Marini of Hanson will not be present in the House Chamber for today’s sitting due to illness. Any roll calls that he may miss today will be due entirely to the reason stated.

Statement of Representative Patrick of Falmouth.

A statement of Mr. Patrick of Falmouth 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 of today’s sitting due to official business in another part of the State House. I missed a quorum roll call today 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. Atsalis of Barnstable) congratulating Betty-Jane Burkhardt on the occasion of her retirement;

Resolutions (filed by Representatives Hahn of Westfield, Rogeness of Longmeadow and Story of Amherst) honoring the Episcopal Diocese of Western Massachusetts on the occasion of its centennial celebration;

Resolutions (filed by Mr. Hall of Westford) on the occasion of the dedication of a memorial honoring the Westford Firefighters;

Resolutions (filed by Mr. Hillman of Sturbridge and other members of the House) on the occasion of Missing Children’s Day;

Resolutions (filed by Mr. Locke of Wellesley) congratulating John J. Hutchinson on the occasion of his retirement; and

Resolutions (filed by Representatives Smizik of Brookline, Balser of Newton, Demakis of Boston, Donnelly of Boston and Golden of Boston) congratulating Kurkman’s Market;

Mrs. Harkins of Needham, 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. Hargraves of Groton, the resolutions (reported by the committee on Bills in the Third Reading to be correctly drawn) were considered forthwith; and they were adopted.

Resolutions (filed with the Clerk by Representatives Malia of Boston and Fitzgerald of Boston) congratulating Eleanor Myerson on the occasion of her 80th birthday, were referred, under Rule 85, to the committee on Rules.

Mrs. Harkins of Needham, for the committee on Rules, then reported that the resolutions ought to be adopted. Under suspension of the rules, on motion of Mr. Fitzgerald, the resolutions (reported by the committee on Bills in the Third Reading to be correctly drawn) were considered forthwith; and they were adopted.

Papers from the Senate.

The following order (having been approved by the committees on Rules of the two branches, acting concurrently) came from the Senate with the endorsement that it had been adopted by said branch:

Ordered, That notwithstanding the provisions of Joint Rule 10, joint standing committees and the committees on Rules of the two branches, acting concurrently, be granted until Friday, June 14, 2002, within which to make reports on matters referred to them.

Under suspension of the rules, on motion of Mr. Scaccia of Boston, the order was considered forthwith; and it was adopted, in concurrence.

Notice was received that the President of the Senate had announced that Senator Glodis of the Second Worcester District had resigned from the committee on Election Laws and that Senator McGee of the First Essex District had been appointed to the first position on said committee to fill the existing vacancy.

Report of a Committee.

By Mr. Scaccia of Boston, for the committee on Rules, asking to be discharged from further consideration of the Order relative to authorizing the committee on Local Affairs to make an investigation and study of a certain House document concerning the establishment of the Plymouth Development Corporation (House, No. 4983),— and recommending that the same be recommitted to the committee on Local Affairs. Under Rule 42, the report was considered forthwith; and it was accepted.

Engrossed Bills.

Engrossed bills

Including employees of the Central Massachusetts Regional Planning Commission in the group insurance plan (see Senate, No. 2131, amended) (which originated in the Senate);

Designating the Old Suffolk County Courthouse as the John Adams Courthouse (see House bill printed in House, No. 4984); and

Providing for local government workforce reduction through an early retirement incentive program for certain employees (see House, No. 5007, amended);

(Which severally originated in the House);

In respect to each of which the Senate had concurred in adoption of the emergency preamble, were passed to be enacted; and they were signed by the Speaker and sent to the Senate.

 

The engrossed Bill providing for the 2002 special election in the city of Woburn (see Senate, No. 2317, amended) (which originated in the Senate), having been certified by the Clerk to be rightly and truly prepared for final passage, was passed to be enacted; and it was signed by the Speaker and sent to the Senate.

Orders of the Day.

The House Bill making appropriations for the fiscal year 2003 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. 5100, amended) was considered.

Pending the question on passing the bill, as amended, to be engrossed, Mr. deMacedo of Plymouth asked for a count of the House to ascertain if a quorum was present. The Speaker, 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 136 members were recorded as being in attendance.

[See Yea and Nay No. 304 in Supplement.]

Therefore a quorum was present.

Mr. Rogers of New Bedford then moved that the bill be amended by adding at the end thereof the following section:

“SECTION 138. Notwithstanding the provisions of any general or special law to the contrary, operation of casinos in the commonwealth is hereby permitted and authorized; provided, however preference for the location on the initial casino permitted to operate shall be in the southeastern section of the commonwealth.

A special new division, ‘Division of Gaming and Legalized Gambling’ is hereby established in the department of the attorney general to be presided over by a special assistant attorney general, to be named by the attorney general with the approval of the governor, to be funded from revenue to be derived from casino gambling licenses that will be issued by the said attorney general with approval of the governor.

In establishing the said new division, the committees on ways and means shall consult with the Atlantic City authorities in order to replicate the mechanism in place in that state that oversees gambling in Atlantic City and shall make recommendations as to the needed laws and regulations in Massachusetts in order to permit casino gambling to be started in this state.

Revenue secured from the operation of casinos in the commonwealth shall be used to support public education with precise allocations to be decided by the house and senate committees on ways and means which shall make recommendations to the house and senate for final approval after the committee on ways and means has made its recommendations.”.

After debate on the question on adoption of the amendment (Mr. Larkin of Pittsfield being in the Chair), Mrs. Atkins of Concord asked for a count of the House to ascertain if a quorum was present. The Chair (Mr. Larkin), 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 147 members were recorded as being in attendance.

[See Yea and Nay No. 305 in Supplement.]

Therefore a quorum was present.

After further 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. Rogers of New Bedford; and on the roll call (the Speaker being in the Chair) 13 members voted in the affirmative and 140 in the negative.

[See Yea and Nay No. 306 in Supplement.]

Therefore the amendment was rejected.

At twenty-two minutes before one o’clock P.M. (Thursday, May 9), on motion of Mr. Peterson of Grafton, the House recessed until half past one o’clock; and at twenty-four minutes before two o’clock the House was called to order.

Mr. Peterson of Grafton then asked for a count of the House to ascertain if a quorum was present. The Speaker, 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 143 members were recorded as being in attendance.

[See Yea and Nay No. 307 in Supplement.]

Therefore a quorum was present.

Mr. Marini of Hanson and other members of the House then moved that the bill be amended by [A] adding at the end thereof a section relative to the licensing of two commercial casinos; the installation of slot machines at race tracks; and the negotiation of a compact between the Commonwealth and Indian gaming enterprises.

Pending the question on adoption of the amendment, Mr. Jones of North Reading and other members of the House moved that it be amended by striking out the text contained therein and inserting in place thereof a new text relative to the installation of slot machines at race tracks with the requirement that the operators of such tracks phase-out dog racing by June 30, 2007.

After debate on the question on adoption of the further amendment offered by Mr. Jones, et als, the sense of the House was taken by yeas and nays, at the request of the same member; and on the roll call (Ms. Lewis of Dedham being in the Chair) 11 members voted in the affirmative and 141 in the negative.

[See Yea and Nay No. 308 in Supplement.]

[Mr. Barrios of Cambridge answered “Present” in response to his name.]

Therefore the further amendment was rejected.

Subsequently a statement of Ms. Jehlen of Somerville 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, due to a malfunction in the electronic voting machine, on the previous vote I was recorded as having voted in the affirmative. Had the machine been operating properly, I would have been recorded as having voted in the negative.

Mr. Jones of North Reading and other members of the House then moved that the amendment offered by Mr. Marini and other members of the House be amended by striking out the text contained therein and inserting in place thereof a new text relative to the installation of slot machines at race tracks.

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 58 members voted in the affirmative and 94 in the negative.

[See Yea and Nay No. 309 in Supplement.]

[Mr. Barrios of Cambridge answered “Present” in respones to his name.]

Therefore the further amendment was rejected.

Messrs. Rogers of Norwood and Broadhurst of Methuen then moved that the amendment offered by Mr. Marini and other members of the House be amended by striking out all after the word “by” [at “A”] and inserting in place thereof the following: “inserting after item 1599-6901 the following item:

“1599-6902 For a commission to study the fiscal, economic and social implications of the proposed expansion of legalized gaming in the Commonwealth; provided, that it is hereby found and declared that such proposed expansion in various forms and scope warrants particularly careful consideration in order to protect the short and long term interests of all of the citizens of the Commonwealth; provided further, that it is also found and declared that the research conducted relative to the effects of casino gaming and other forms of gaming on the economic, social, cultural and fiscal well-being of host states and localities has yielded conflicting results; provided further, that it is in the interest of the Commonwealth, its political subdivisions and its citizens to investigate this issue thoroughly in order to ensure that any potential expansion of legalized gaming be effectuated through legislation that first and foremost protects the interests of the citizens of the Commonwealth; provided further, that it shall be the mission of the commission established and funded herein to research comprehensively and identify specifically the potential effects, positive and negative, of gaming expansion on the economic, social, cultural and fiscal well-being of the Commonwealth, its localities and citizens; provided further, that the commission’s evaluation shall include, but not be limited to, consideration of the Commonwealth’s potential duties and obligations relative the federal Indian Gaming Regulatory Act of 1988, 25 U.S.C. § 29-2701 - § 29-2721; provided further, that said commission shall consist of 17 voting members: three appointed by the Governor; three appointed by the Speaker of the House of Representatives; one appointed by the minority leader of the House of Representatives; three appointed by the President of the Senate; one appointed by the minority leader of the Senate; three appointed by the Attorney General, one of whom shall represent the Massachusetts District Attorneys Association, one of whom shall represent the Massachusetts Municipal Association, and one of whom shall represent the Associated Industries of Massachusetts; three appointed by the Treasurer and Receiver General, one of whom shall represent the Massachusetts State Lottery; and provided further, that the commission shall submit a report on its findings and recommendations to the clerks of the house and the senate not later than

December 1, 2002 100,000

Massachusetts Tourism

Fund 100.0%’.”.

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. Broadhurst; and on the roll call 101 members voted in the affirmative and 50 in the negative.

[See Yea and May No. 310 in Supplement.]

Therefore the further amendment offered by Messrs. Rogers of Norwood and Broadhurst of Methuen was adopted, thus precluding a vote on the pending amendment offered by Mr. Marini of Hanson and other members of the House.

The Speaker having returned to the Chair,— Mr. Rogers of Norwood and other members of the House moved that the bill be amended in section 2 by striking out items 0340-0100, 0340-0200, 0340-0300, 0340-0400, 0340-0500, 0340-0600, 0340-0700, 0340-0800, 0340-0900, 0340-1000 and 0340-1100 and inserting in place thereof the following items:

“0340-0100 For the Suffolk district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, the domestic violence unit and the children’s advocacy center; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2003 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2002 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; and provided further, that no assistant district attorney shall be paid an annual salary of less than

$35,000 13,079,260

General Fund 93.00%

Victim and Witness

Assistance Fund 7.00%

0340-0200 For the Middlesex district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2003 summarizing the number and types of criminal cases managed or prosecuted by said office in calendar year 2002 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; and provided further, that no assistant district attorney shall be paid an annual

salary of less than $35,000 10,499,483

General Fund 89.00%

Victim and Witness

Assistance Fund 11.00%

0340-0300 For the Essex district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2003 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2002 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; and provided further, that no assistant district attorney shall be paid an annual salary of less

than $35,000 6,363,177

General Fund 89.00%

Victim and Witness

Assistance Fund 11.00%

0340-0400 For the Worcester district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2003 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2002 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; and provided further, that no assistant district attorney shall be paid an annual salary

of less than $35,000 6,773,463

General Fund 92.00%

Victim and Witness

Assistance Fund 8.00%

0340-0500 For the Hampden district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2003 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2002 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the gases were managed or prosecuted; and provided further, that no assistant district attorney shall be paid an annual

salary of less than $35,000 5,861,138

General Fund 87.00%

Victim and Witness

Assistance Fund 13.00%

0340-0600 For the Hampshire/Franklin district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that said office shall submit a report to the house and senate committees on ways and means not later than February 1, 2003 summarizing the number and types of criminal cases managed or prosecuted by said office in calendar year 2002 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which said cases were managed or prosecuted; provided, that not less than one hundred and twenty thousand dollars shall be expended for the salaries and expenses of a children’s advocacy project, so-called; and provided further, that no assistant district attorney shall be paid an annual salary

of less than $35,000 4,120,908

General Fund 86.00%

Victim and Witness

Assistance Fund 14.00%

0340-0700 For the Norfolk district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that said office shall submit a report to the house and senate committees on ways and means not later than February 1, 2003 summarizing the number and types of criminal cases managed or prosecuted by said office in calendar year 2002 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which said cases were managed or prosecuted; and provided further, that no assistant district attorney shall be paid an annual

salary of less than $35,000 6,833,969

General Fund 89.00%

Victim and Witness

Assistance Fund 11.00%

0340-0800 For the Plymouth district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that no assistant district attorney shall be paid an annual salary of less than $35,000; provided further, that the Plymouth county district attorney’s office shall employ a special assistant district attorney to specialize in the investigation and prosecution of alleged criminal offenses committed by inmates in state correctional facilities, county and state houses of corrections, and jails; provided further, that interagency service agreements shall be established between the Plymouth county district attorney’s office and the office of the district attorneys for Bristol, and the Cape and Islands to equally share the compensation and related expenses of said special assistant; provided further, that said special assistant shall practice only in those jurisdictions participating in said interagency service agreement; 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 5,391,403

General Fund 88.00%

Victim and Witness

Assistance Fund 12.00%

0340-0900 For the Bristol district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2003 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2002 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; and provided further, that no assistant district attorney shall be paid an annual salary of less

than $35,000 5,818,947

General Fund 87.00%

Victim and Witness

Assistance Fund 13.00%

0340-1000 For the Cape and Islands district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that not less than twenty thousand dollars shall be expended for the Cape and Islands Child Advocacy Center; and provided further, that no assistant district attorney shall

be paid an annual salary of less than $35,000 2,611,949

General Fund 83.00%

Victim and Witness

Assistance Fund 17.00%

0340-1100 For the Berkshire district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that said office shall submit a report to the house and senate committees on ways and means not later than February 1, 2003 summarizing the number and types of criminal cases managed or prosecuted by said office in calendar year 2002 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which said cases were managed or prosecuted; and provided further, that no assistant district attorney shall be paid an annual

salary of less than $35,000 2,426,106

General Fund 80.00%

Victim and Witness

Assistance Fund 20.00% ”.

After debate on the question on adoption of the amendment offered by Mr. Rogers of Norwood and other members of the House, the sense of the House was taken by yeas and nays, at the request of Mr. Leary of Worcester; and on the roll call 151 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 311 in Supplement.]

Therefore the amendment was adopted.

Mr. Rogers of Norwood and other members of the House moved that the bill be amended in section 2 by striking out items 1107-2501, 4110-1000, 4110-2000, 4110-2001, 4110-3010, 4120-2000, 4120-3000, 4120-4000, 4120-4001, 4120-4010, 4125-0100 and 4125-0101 and inserting in place thereof the following items:

“1107-2501 For the disabled persons protection commission; provided, that the commission shall facilitate compliance by the department of mental health and the department of mental retardation with uniform investigative standards, so-called; provided further, that the commission shall report to the house and senate committees on ways and means not later than the last day of each quarter on the number of claims of abuse by caretakers made by employees or contracted service employees of the departments of mental retardation and mental health and the Massachusetts rehabilitation commission; provided further, that the report shall include: (i) the number of claims found to be substantiated; (ii) the number of claims found to be unsubstantiated; and (iii) the number of claims found to be falsely reported as a result of intentional and malicious action; and provided further, that the commission shall ensure that all calls received by the commission’s 24-hour hotline are recorded, that all persons who call said hotline shall be immediately informed that all calls are recorded, and each such person shall be provided with the opportunity to elect that the call

not be recorded 1,523,795

4110-1000 For the community services program; provided, that $325,000 shall be expended from this item for the deaf-blind community access network; and provided further, that not less than $475,000 shall be expended for the talking

information center 3,768,186

4110-2000 For the turning 22 program of the commission; provided, 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; provided further, that the commission shall work in conjunction with the department of mental retardation to secure the maximum amount of federal reimbursements available for the care of turning 22 clients; and provided further, that the commission shall work in conjunction with the department of mental retardation to secure

similar rates for contracted residential services 7,744,790

4110-2001 For services to clients of the department who turn 22 years of age during state fiscal year 2003; provided, that the amount appropriated herein shall not annualize to more than $215,000 in fiscal year 2004; 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; provided further, that the commission shall work in conjunction with the department of mental retardation to secure the maximum amount of federal reimbursements available for the care of turning 22 clients; and provided further, that the commission shall work in conjunction with the department of mental retardation to secure similar rates for contracted

residential services 165,000

4110-3010 For a program of vocational rehabilitation for the blind in cooperation with the federal government; provided, that no funds from the federal vocational rehabilitation grants or state appropriation shall be deducted for pensions, group health and life insurance, or any other such indirect cost of

federally reimbursed state employees 2,622,740

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 7,638,311

4120-3000 For employment assistance services; provided, that vocational evaluation and employment services for severely physically disabled adults may,

subject to appropriation, be provided 8,210,954

4120-4000 For independent living assistance services; provided, that no less than $20,000 shall be expended to assist the Living Independently for

Equality, Inc. of Brockton 7,795,212

4120-4001 For the housing registry for the disabled 93,060

4120-4010 For services to clients of the department who turn 22 years of age during the fiscal year 2003; provided, that the amount appropriated herein shall not annualize to more than $893,750 in fiscal year 2004; 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 525,000

4125-0100 For the operation of and services provided by the Massachusetts commission for the deaf and

hard of hearing 5,251,038

4125-0101 Notwithstanding any general or special law to the contrary, the Massachusetts commission for the deaf and hard of hearing may expend revenues in an amount not to exceed $175,000 from charges received on behalf of interpreter services and monies received from private grants, bequests, gifts or contributions; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the commission may incur expenses and the comptroller may certify for payments amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting

system 175,000”.

After debate on the question on adoption of the amendment offered by Mr. Rogers of Norwood and other members of the House, the sense of the House was taken by yeas and nays, at the request of Mr. O’Brien of Kingston; and on the roll call 151 members voted in the affirmative and 0 in the negative.

[See Yea and May No. 312 in Supplement.]

Therefore the amendment was adopted.

Recesses.

At twelve minutes before six o’clock P.M. (Thursday, May 9), the Speaker declared a recess until seven o’clock; and at that time the House was called to order.

The Speaker thereupon declared a further recess until twenty-five minutes after seven o’clock; and at that time the House was called to order.

Mr. Rogers of Norwood and other members of the House moved that the bill be amended in section 2, in item 9110-1500, by striking out the figures “19,095,337” and inserting in place thereof the figures “21,095,337”; in item 9110-1630 by striking out the figures “90,551,417” and inserting in place thereof the figures “94,716,884”; in item 9110-1633 by striking out the figures “34,264,044” and inserting in place thereof the figures “36,044,804”; by striking out item 9110-1636 and inserting in place thereof the following item:

“9110-1636 For the elder protective services program, including protective services, money management services, case management, the statewide elder abuse hotline, guardianship services and the elder-at-risk program; provided, that not less than five per cent of the amount appropriated herein shall be expended on guardianship services; and provided further, that notwithstanding any general or special law to the contrary, the secretary shall ensure that any elderly person who is abused by an act or omission that results in serious physical or emotional injury or financial exploitation shall receive all the safeguards and protections on behalf of any such person pursuant to the provisions of section 14 of

chapter 19A of the general laws 9,812,258”;

In item 9110-1900, in line 8, by striking out the figures “3,852,341” and inserting in place thereof the figures “4,075,387”; and in said item by striking out the figures “4,177,051” and inserting in place thereof the figures “4,701,222”; and in item 9110-9002 by striking out the figures “5,640,000” and inserting in place thereof the figures “6,230,000”.

After debate on the question on adoption of the amendments, the sense of the House was taken by yeas and nays, at the request of Mr. Straus of Mattapoisett; and on the roll call 150 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 313 in Supplement.]

Therefore the amendments were adopted.

Mr. Rogers of Norwood and other members of the House moved that the bill be amended in section 2 by striking out item 9110-1455 and inserting in place thereof the following item:

“9110-1455 For the costs of the drug insurance program authorized by section 39 of chapter 19A of the General Laws as amended by section 11 of Chapter 177 of the Acts of 2001; provided, that amounts received by the executive office of elder affairs’ vendor as premium revenue for this program may be retained and expended by said vendor for the purposes of said program; provided further, that notwithstanding the provisions of any general or special law to the contrary, unless otherwise prohibited by state or federal law, prescription drug coverage or benefits payable by the executive office of elder affairs, and the entities with which it has contracted for administration of the subsidized catastrophic drug insurance program pursuant to said section 39 of said chapter 19A shall be the payor of last resort for such program for eligible persons with regard to any other third party prescription coverage or benefits available to such eligible persons; provided further, that said executive office shall notify the house and senate committees on ways and means within seven days of approval a federal waiver regarding the availability of federal financial participation for benefits paid for specific populations out of said program; provided further, that said executive office shall include with said notification an estimate of revenue resulting from said approval to be credited in fiscal year 2003; and provided further, that said executive office shall notify the house and senate committees on ways and means not less than 90 days in advance of any action to limit or cap on the

number of enrollees in said program 94,895,089

Tobacco Settlement

Fund 100.00%”.

On the question on adoption of the amendment, the sense of the House was taken by yeas and nays, at the request of Mr. Rogers of Norwood; and on the roll call 150 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 314 in Supplement.]

Therefore the amendment was adopted.

Recess.

At two minutes before eight o’clock P.M. (Thursday, May 9), on motion of Mrs. Poirier of North Attleborough) (the Speaker being in the Chair), the House recessed until the hour of ten o’clock A.M. on Friday, May 10.

Friday, May 10, 2002 (at 10:00 o’clock A.M.).

 

Prayer was offered by the Reverend Robert F. Quinn, C.S.P., Chaplain of the House, as follows:

Gracious God, we believe in You and recognize You, as our Creator, the Ultimate Source of All Goodness, Compassion and Truth. In the midst of the busyness and hubbub of our daily schedules, inspire us to take a few seconds, at least occasionally, to call upon You for assistance and direction in addressing legislative, personal and family matters. With Your help, we can continue to build confidence and trust in the minds of the electorate by our reasoned judgments in evaluating and proposing legislation and programs. Teach us to be patient listeners with an openness to the legislative insights and experiences of others. Grant us the courage and the self-confidence to remain committed to our own fair, reasonable and ethical goals and priorities.

On Mothers (or Moms) Day, hopefully, throughout the entire year, may we demonstrate by our actions and thoughts our appreciation and love for the one who has done so much for us.

Grant Your blessings to the Speaker, members and employees of this House and their families. Amen.

At the request of the Speaker, the members, guests and employees joined with him in reciting the pledge of allegiance to the flag.

 

Statement of Representative Kaufman of Lexington.

A statement of Mr. Kaufman of Lexington 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 the last portion of yesterday’s sitting due to a legislative commitment in my district. Had I been present for the taking of the last two yeas and nays during said sitting, I would have voted, in each instance, in the affirmative.

 

Statement of Representative Pope of Wayland.

A statement of Mrs. Pope of Wayland 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 will not be present in the House Chamber for the remainder of today’s sitting due to official business outside of the State House. Any roll calls that I may miss today is due entirely to the reason stated.

 

Statement of Representative Travis of Rehoboth.

A statement of 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 I will not be present in the House Chamber for the remainder of today’s sitting due to official business in the town of Seekonk. Any roll calls that I may miss today is due entirely to the reason stated.

 

Papers from the Senate.

A Bill designating a visitor information center in the city of Springfield as the William C. Sullivan Visitor Information Center (Senate, No. 2267) (on a petition), passed to be engrossed by the Senate, was read; and it was referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

 

A petition of Susan C. Fargo, Marian Walsh, Charles A. Murphy, Garrett J. Bradley and other members of the General Court for legislation relative to historic resources and the Community Preservation Act, came from the Senate referred, under suspension of Joint Rule 12, to the committee on State Administration.

The House then concurred with the Senate in the suspension of said rule; and the petition (accompanied by bill, Senate, No. 2343) was referred, in concurrence, to the committee on State Administration.

 

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 petition of Karyn E. Polito and other members of the General Court that the Registrar of Motor Vehicles be authorized to issue distinctive Red Sox insignia license plates for the establishment of a state fund to be known as the Jimmy Fund of the Dana Farber Cancer Institute. Under suspension of the rules, on motion of Ms. Polito of Shrewsbury, the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Safety. Sent to the Senate for concurrence.

 

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 petition of Robert Correia and Joan M. Menard for legislation to authorize the Department of Social Services to establish a sick leave bank for Natalia Arrance. Under suspension of the rules, on motion of Mr. Correia of Fall River, the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service. Sent to the Senate for concurrence.

 

By Mr. Kujawski of Webster, for the committee on Steering, Policy and Scheduling, that the House Bill relative to certain property tax assessments in the town of Windsor (printed in House, No. 4955) be scheduled for consideration by the House.

Mr. Kujawski of Webster, for said committee, reported that the matter be scheduled for consideration by the House.

Under suspension of Rule 7A, on motion of Mr. Kelly of Dalton, the bill was read a second time forthwith and it was ordered to a third reading.

 

Engrossed Bill.

The engrossed Bill relative to zoning in the town of Kingston (see House, No. 4847) (which originated in the House), having been certified by the Clerk to be rightly and truly prepared for final passage, was passed to be enacted; and it was signed by the acting Speaker and sent to the Senate.

 

Orders of the Day.

The House Bill making appropriations for the fiscal year 2003 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. 5100, amended) was considered.

Pending the question on passing the bill, as amended, to be engrossed, Mr. Tirone of Amesbury moved that it be amended by adding at the end thereof the following three sections:

“SECTION 138. Chapter 29 of the General Laws is hereby amended by inserting after section 2C½ the following section:—

Section 2C¾. There shall be established and set up on the books of the commonwealth a separate fund known as the Visitor Impact Fund. There shall be credited to such fund the following revenues: (a) all visitor impact fees received under the provisions of section 2EE; and (b) all interest earned on monies within the fund.

Amounts credited to the Visitor Impact Fund shall be used solely for payment to cities and towns containing land that is part of the commonwealth’s system of parks, forests, reservations and other natural resources subject to the control and supervision of the department of environmental management pursuant to chapter twenty-one. Such payments shall be distributed as follows:—

(a) 50 percent of the visitor impact fees received at each park, forest, reservation or other natural resource shall be paid to the city or town within which such park, forest, reservation or other natural resource is located; provided, however, that if land that is part of any such park, forest, reservation or other natural resource lies in more than one city or town, the amount received at such park, forest, reservation or other natural resource shall be divided proportionately according to the amount of land therein that lies in each such city or town; and

(b) the balance shall be divided proportionately among all of the cities and towns containing land that is part of the commonwealth’s system of parks, forests, reservations and other natural resources subject to the control and supervision of the department of environmental management according to the total fair cash value thereof in each such city or town as determined under sections 13 to 16, inclusive, of chapter 58; provided, however, that no such payment shall be used to reduce reimbursements to cities and towns under section 17 of said chapter 58; and provided, further, that the general court hereby declares that revenues credited to such fund shall be appropriated solely for the purposes stated herein and no funds shall be transferred from said fund to any other fund and the comptroller shall not assess said fund for any fringe or overhead costs.

SECTION 139. Section 2EE of said chapter 29 is hereby amended by adding the following paragraph:—

The board of environmental management is authorized to establish fees for the use of forests, parks, reservations and other natural resources within the department’s scope of responsibility; provided, however, that in addition to any fees so established or otherwise charged by the department, the department shall assess and collect an additional visitor impact fee equal to 20 percent of all parking and other day use fees, season’s pass fees, camping fees and other use or service fees charged to users, including fees collected through the automated campsite reservation system, which shall be credited to the Visitor Impact Fund established under section 2C¾ and not to the fund established hereunder.

SECTION 140. Chapter 58 of the General Laws is hereby amended by inserting after section 18F the following section:—

Section 18G. Commencing with fiscal year 2003 and continuing thereafter, the state treasurer shall, upon certification of the commissioner, annually distribute the Visitor Impact Fund in accordance with the provisions of section 2C¾ of chapter 29 and this section. The distribution shall be made in four equal payments. Such payments shall be made annually, in each fiscal year, on or before September 30, December 31, March 31 and June 30th. The state treasurer shall receive and deposit or invest all revenues transmitted to him for credit to the Visitor Impact Fund under the provisions of section 2EE of chapter 29 in such a manner that will ensure the highest rate of interest available consistent with the safety of the Visitor Impact Fund, and all interest and earnings accrued shall be deposited into the Visitor Impact Fund.”.

The amendment was rejected.

Mr. Travis of Rehoboth then moved that the bill be amended in section 24, in the second paragraph, by striking out the sentence contained in lines 30, 31 and 32 and inserting in place thereof the following sentence: “The amount withdrawn shall be $800,000,000 for the fiscal year 2003.”.

The amendment was rejected.

Mr. Larkin of Pittsfield then moved that the bill be amended by adding at the end thereof the following section:—

“SECTION 138. Section 29 of chapter 23G of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following two sentences:— The agency may provide by resolution for the issuance from time to time of debt obligations of the agency for any of its corporate purposes. In addition, the agency may provide by resolution for the issuance from time to time of debt obligations of the agency for any purpose for which monies in the regional tourism facilities fund established under subsection (b) of section 42 may be applied, which debt obligations may be payable from and secured by (i) monies credited to said fund and appropriated from said fund for the purpose of paying such debt obligations and (ii) such reserve and other security as the agency may determine to be necessary or desirable, including without limitation, any funds credited to said fund.”.

The amendment was rejected.

Mr. Marini of Hanson and other members of the House moved that the bill be amended by adding at the end thereof the following section:

“SECTION 138. Section 28 of chapter 29 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding the following paragraphs:

Any publication, as defined by section 39 of chapter 6, issued in the name of or at the request of any agency of the commonwealth shall have the estimated cost of its production conspicuously printed on its front cover.

Notwithstanding any general or special law to the contrary, any publication as defined by section 39 of chapter 6, shall be published on the World Wide Web by the agency. Agency publications may be distributed in print to members of the general court or the public only upon their request for a copy.”.

The amendment was adopted.

Mr. Marini and other members of the House moved that the bill be amended by adding at the end thereof the following section:

“SECTION 139. Notwithstanding any general or special law to the contrary, regulations adopted by the commissioner of revenue shall implement and be consistent with the following:

a.) All state personal income tax forms shall contain a check-off box allowing taxpayers to elect, at the option of the taxpayer, the following: ‘I elect to pay 5.85 percent income tax on Part A taxable income and Part B taxable income.’;

b.) All state personal income tax schedules and instructions booklets shall contain a table providing the tax at various incomes calculated at the voluntary rate of tax of 5.85 percent;

c.) The department of revenue shall maintain a record of the number of taxpayers who choose to elect the rate of tax of 5.85 percent; and

d.) The department of revenue shall maintain a record of the amount of revenue collected from taxpayers who have elected to pay the rate of tax of 5.85 percent.”.

The amendment was adopted.

Mr. Marini of Hanson and other members of the House then moved that the bill be amended by striking out section 24.

After debate on the question on adoption of the amendment (Mrs. Harkins of Needham being in the Chair), the sense of the House was taken by yeas and nays, at the request of Mr. Marini; and on the roll call 21 members voted in the affirmative and 131 in the negative.

[See Yea and Nay No. 315 in Supplement.]

Therefore the amendment was rejected.

Mr. Marini and other members of the House then moved that the bill be amended by striking out sections 23, 27, 30 and 138 (as printed).

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. Marini; and on the roll call (Mr. Walsh of Boston being in the Chair) 15 members voted in the affirmative and 137 in the negative.

[See Yea and Nay No. 316 in Supplement.]

Therefore the amendments were rejected.

The Speaker having returned to the Chair,— Mr. Marini of Hanson and other members of the House moved that the .bill be amended by adding at the end thereof the following section:

“SECTION 140. Section 2H of chapter 29 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting in line 8 after the word ‘which’ the following:— , with a vote of two-thirds of both branches of the General Court and approval by the Governor.”.

The amendment was adopted.

Mr. Petrolati of Ludlow being in the Chair,— Mr. Marini of Hanson and other members of the House moved that the bill be amended by adding at the end thereof the following section:

“SECTION 141. Notwithstanding any general or special law to the contrary, all payments received by the commonwealth each year pursuant to the master settlement agreement in the action known as Commonwealth of Massachusetts v. Phillip Morris, Inc., et al., Middlesex Superior Court, No. 95-7378, shall be transferred to the general fund for general appropriations.”.

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. Peterson of Grafton; and on the roll call 25 members voted in the affirmative and 127 in the negative.

[See Yea and Nay No. 317 in Supplement.]

Therefore the amendment was rejected.

At a quarter before one o’clock P.M. (Friday, May 10), on motion of Mr. Frost of Auburn (Mr. Petrolati of Ludlow being in the Chair), the House recessed until a quarter before one o’clock; and at six minutes before two o’clock P.M., the House was called to order with Mr. Correia of Fall River in the Chair.

Mr. Vallee of Franklin then moved that the bill be amended in section 2, in item 4100-0060, by adding at the end thereof the following: “ ; provided further, that for purposes of this item, a mandated health benefit proposal is one that mandates health insurance coverage for specific health services, specific diseases or certain providers of health care services as part of a policy or policies of group life and accidental death and dismemberment insurance covering persons in the service of the commonwealth, and group general or blanket insurance providing hospital, surgical, medical, dental, and other health insurance benefits covering persons in the service of the commonwealth, and their dependents organized under Chapter 32A, individual or group health insurance policies offered by an insurer licensed or otherwise authorized to transact accident or health insurance organized under chapter 175, a nonprofit hospital service corporation organized under chapter 176A, a nonprofit medical service corporation organized under chapter 176B, a health maintenance organization organized under chapter 176G, or an organization entering into a preferred provider arrangement under chapter 176I, any health plan, issued, renewed, or delivered within or without the commonwealth to a natural person who is a resident of the commonwealth, including a certificate issued to an eligible natural person which evidences coverage under a policy or contract issued to a trust or association, for said natural person and his dependent, including said person’s spouse organized under chapter 176M; provided further, that joint committees of the general court and the house and senate committees on ways and means when reporting favorably on mandated health benefit bills referred to them shall include a review and evaluation conducted by said division pursuant to this item; provided further, that upon request of the joint standing committee of the general court having jurisdiction or the house or senate committees on ways and means, said division shall conduct a review and evaluation of the mandated health benefit proposal, in consultation with other relevant state agencies, and shall report to the committee within ninety days; provided further, that if said division fails to report to the appropriate committee within ninety days, said committee may report favorably on the mandated health benefit bill without including said review and evaluation from said division; provided further, that the party or organization on whose behalf the bill was filed shall provide the division with any cost or utilization data that they have; provided further, that all interested parties supporting or opposing the bill shall provide the division with any information relevant to the division’s review; provided further, that the division shall enter into interagency agreements as necessary with the division of medical assistance, the group insurance commission, the department of public health, the division of insurance, and other state agencies holding utilization and cost data relevant to the division’s review under this section; provided further, that such interagency agreements shall ensure that the data shared under the agreements is used solely in connection with the division’s review under this section, and that the confidentiality of any personal data is protected; provided further, that said division may also request data from insurers licensed or otherwise authorized to transact accident or health insurance under chapter 175, nonprofit hospital service corporations organized under chapter 176A, nonprofit medical service corporations organized under chapter 176B, health maintenance organizations organized under chapter 176G, and their industry organizations to complete its analyses; provided further, that said division may contract with an actuary, or economist as necessary to complete its analysis; provided further, that the report must include, at a minimum and to the extent that information is available, the following:

(a) the financial impact of mandating the benefit, including the extent to which the proposed insurance coverage would increase or decrease the cost of the treatment or service over the next five years, the extent to which the proposed coverage might increase the appropriate or inappropriate use of the treatment or service over the next five years, the extent to which the mandated treatment or service might serve as an alternative for more expensive or less expensive treatment or service, the extent to which the insurance coverage may affect the number and types of providers of the mandated treatment or service over the next five years, the effects of mandating the benefit on the cost of health care, particularly the premium, administrative expenses and indirect costs of large employers, small employers, employees and nongroup purchasers, the potential benefits and savings to large employers, small employers, employees and nongroup purchasers, the effect of the proposed mandate on cost shifting between private and public payors of health care coverage, and the effect on the overall cost of the health care delivery system in the Commonwealth; (b) the medical efficacy of mandating the benefit, including the impact of the benefit to the quality of patient care and the health status of the population and the results of any research demonstrating the medical efficacy of the treatment or service compared to alternative treatments or services or not providing the treatment or service; and (c) if the legislation seeks to mandate coverage of an additional class of practitioners, the results of any professionally acceptable research demonstrating the medical results achieved by the additional class of practitioners relative to those already covered and the methods of the appropriate professional organization that assures clinical proficiency; and provided further, that said division has the authority to hire an actuary or economist as needed to complete its analysis”.

The amendment was adopted.

Ms. Hahn of Westfield then moved that the bill be amended by adding at the end thereof the following section:—

“SECTION 141. Section 62 of chapter 3 of the General Laws is hereby amended by inserting in line 56 after the word, ‘governor’ the following words:— or his or her designee.”.

The amendment was adopted.

Mr. Peterson of Grafton 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 151 members were recorded as being in attendance.

[See Yea and Nay No. 318 in Supplement.]

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[A] by inserting after item 4400-1000 the following item:

“4400-1025 For domestic violence specialists at local area

offices 547,975”;

in item 4400-1100 by striking out the figures “53,914,425” and inserting in place thereof the figures “55,957,213”; by striking out item 4406-3000 and inserting in place thereof the following item:

“4406-3000 For the homelessness program to assist individuals who are homeless or in danger of becoming homeless, including assistance to organizations which provide food, shelter, housing search, and limited related services to the homeless and indigent; provided, that the department may allocate funds to other agencies for the purposes of this program; provided further, that the department shall notify the house and senate committees on ways and means of all such allocations; provided further, that not less than $10,897,200 shall be expended for the Pine Street Inn in the city of Boston; provided further, that not less than $166,000 shall be expended for a contract with the Pine Street Inn in the city of Boston for a second nighttime van and associated personnel costs; provided further, that not less than $42,181 shall be expended for Primary Care and Mental Health in Lynn; provided further, that not less than $322,886 shall be expended for Servicenet, Inc. to operate shelters in Hampshire and Franklin counties; provided further, that $152,945 shall be expend for the SHADOWS Project in Ashland; provided further, that not less than $465,630 shall be expended for the Cambridge Salvation Army; provided further, that not less than $199,947 shall be expended for the Samaritan Inn in Westfield; provided further, that $107,370 shall be expended for the Marlborough shelter program; provided further, that $124,926 shall be expended for the Meadows program; provided further, that $250,615 shall be expended for the Turning Point program; provided further, that not less than $34,860 shall be expended for the Hyannis Salvation Army; provided further, that not less than $49,800 shall be expended for the St. Francis Samaritan House in Taunton; provided that not less than $780,582 shall be expended for the Hyannis Safe Harbor Shelter; provided further, that funds may be expended to provide transitional housing for homeless families; provided further, that not less than $80,925 shall be expended for the Central Massachusetts Housing Alliance, Inc., for the Donations Clearing House Program; provided further, that not less than $616,130 shall be expended for the Boston Health Care for the Homeless Program; provided further, that not less than $427,055 shall be expended for the NOAH Shelter run by the NOAH Shelter run by the Housing Assistance Corporation in Hyannis; and provided further, that $1,494,000 be expended to maintain year-round funding for

328 emergency overflow beds 30,000,000”;

by inserting after item 4400-9999 the following item:

“4401-1000 For the operation of the workforce development system to provide employment and training services for recipients under the program of transitional aid to families with dependent children established pursuant to chapter 5 of the acts of 1995; provided, that certain parents who have not yet reached the age of 18 years, including those who are ineligible for transitional aid to families with dependent children, and who would qualify for benefits under chapter 118 of the General Laws, but for the deeming of the grandparents’ income, shall be allowed to participate in said services; provided further, that funds from this item may be expended on former recipients of the transitional aid to families with dependent children program for up to one year after termination of their benefits due to employment or the provisions of subsection (f) of section 110 of chapter 5 of the acts of 1995; provided further, that the department shall collaborate with the department of transitional assistance to ensure placement of recipients in appropriate services most effective in ensuring productive employment and supporting self-sufficiency; provided further, that said services shall include, but not be limited to, remedial adult basic education, English as a second language courses and training programs for persons with limited English proficiency, job search assistance, and vocational training services; provided further, that the department of employment and training, the department of transitional assistance, the executive office of health and human services shall work in conjunction on a report to be filed no later than January 1, 2003 with the house and senate committees on ways and means and the joint committee on health and human services on workforce development program for welfare recipients; provided further, that said report shall include, but not be limited to, the most efficient and economical methods to administer said program including which department has primary control of the funds expended on said program, the number of clients served, the number of clients who have received benefits and moved off of federal or state assistance, and any other information that said departments or office deem necessary; provided further, that not less than $15,000,000 shall be expended for substantive education and training programs designed to remove barriers to productive employment; provided further, that not more than $8,000,000 shall be expended for job search or supported work programs; provided further, that $2,000,000 shall be expended for young parent programs; provided further, that the division, together with the department of transitional assistance, shall report monthly to the house and senate committees on ways and means on continued efforts to improve the efficacy of employment and training services for recipients under the program of transitional aid to families with dependent children; and provided further, that said report shall include the number of recipients served by each program, costs of services provided, and outcomes data including number of participants employed and, salaries, and benefit

information 30,000,000

Transitional Aid to Needy

Families Fund 84.0%”;

General Fund 16.0%”;

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 2002; 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 2003, 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 nonrecurring children’s clothing allowance in the amount of $150 shall be provided to each child eligible under this program in September 2002; provided further, that the children’s clothing allowance shall be included in the standard of need for the month of September, 2002; 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 special or general 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 342,066,634

General Fund 42.02%”;

Transitional Aid to Needy

Families Fund 41.90%”;

Caseload

Mitigation Fund 16.08%”;

by inserting after item 4403-2120 the following item:

“4404-1000 For a program of nutritional assistance to residents of the commonwealth who are qualified aliens within the meaning of section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, so-called, and non-citizens otherwise permanently residing under color of law in the United States; provided, that such a resident shall be eligible for such benefits only if such resident (1) is ineligible for federal food stamp benefits pursuant to the provisions of sections 401, 402 or 403 of such Act, (2) would be eligible for federally funded food stamps, but for his citizenship status, and (3) has resided in the commonwealth for at least 60 days; provided further, that priority in the distribution of such benefits shall be given to persons who were receiving federally funded food stamps in fiscal year 1997 but were rendered ineligible for such benefits by operation of said sections 401, 402 or 403; provided further, that such benefits may be distributed by electronic benefit transfer to the extent such distribution does not jeopardize otherwise available federal funding or impede the effective distribution of such benefits; provided further, that the benefit levels established for such program shall, to the extent feasible, replicate the equivalent levels in effect for the federal food stamp program as of June 30, 1997, but shall be reduced by a consistent percentage across all benefit levels to the extent necessary not to exceed the amounts appropriated herein; provided further, that the amount appropriated herein shall meet the Commonwealth’s full obligation for funding for said program for fiscal year 2003; provided further, that said program shall sunset on November 31, 2002 and that after said date the funding obligation for said benefits shall be reliant solely upon federal funding; and provided further, that nothing herein shall give rise to or shall be construed as giving rise to enforceable legal rights in any party or an enforceable entitlement to services, other than to the extent that such rights or entitlements exist pursuant to the regulations promulgated

by said department consistent with this item 1,000,000”;

and by striking out item 7002-1005.

Pending the question on adoption of the amendments, Mr. Bosley of North Adams moved that the amendment be amended by inserting [at “A”] the following: “, in item 4400-1000, in line 42, by inserting after the words ‘revision of’ the words: ‘program applications and’, in line 47, by inserting after the word ‘revised’ the words ‘applications and’, in line 50, by inserting after the word ‘said’ the words ‘applications and’, and in line 54, by inserting after the word ‘standard’ the words ‘applications and’.”

After remarks, 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, Mrs. Paulsen of Belmont moved that said amendments be amended by striking out the figures “55,957,213” (proposed for item 4400-1100) and inserting in place thereof the figures “56,957,213”; in item 4403-2000, by striking out the figures “342,066,634” and inserting in place thereof the figures “337,566,634”; and in item 4404-1000 by striking out the figures “1,000,000” and inserting in place thereof the figures “2,500,000”.

After debate the further amendments were rejected.

The amendments offered by Mr. Rogers of Norwood, et als, as amended, then were adopted.

The Speaker being in the Chair, Mr. Marini and other members of the House moved that the bill be amended by adding at the end thereof the following section:—

“SECTION 142. Chapter 29A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding the following section:—

Section 3B. The interest earned from the principal in any lawyer’s trust account shall be the property of the owner of the principal. All interest earned in a lawyer’s trust account shall be payable to the owner of principal.”.

After remarks on the question on adoption of the amendment, the sense of the House was taken by yeas and nay nays, at the request of Mr. Marini; and on the roll call 78 members voted in the affirmative and 71 in the negative.

[See Yea and Nay No. 319 in Supplement.]

[Messrs. Donnelly of Boston, Leary of Worcester and Vallee of Franklin answered “Present” in response to their names.]

Therefore the amendment was adopted.

Mr. Hynes of Marshfield then moved that this vote be reconsidered. After debate on the motion to reconsider, the sense of the House was taken by yeas and nays, at the request of the same member; and on the roll call 77 members voted in the affirmative and 73 in the negative.

[See Yea and Nay No. 320 in Supplement.]

[Messrs. Donnelly of Boston and Leary of Worcester answered “Present” in response to their names.]

Therefore the motion to reconsider prevailed.

Pending the recurring question on adoption of the amendment, the amendment was withdrawn at the request of Mr. Marini of Hanson.

Ms. Jehlen of Somerville and other members of the House moved that the bill be amended by adding at the end thereof the following section:—

“SECTION 142. There is hereby established a feasibility study commission consisting of 9 members, four of whom shall be appointed by the Governor, two appointed by the Speaker of the House of Representatives, two appointed by the President of the Senate and one appointed by the Mayor of Boston.

The commission shall evaluate the net present value of the likely stream of expenses and revenues directly related to the construction and operation of the Boston Convention Center Authority and of alternative actions, including but not limited to halting construction, salvaging materials and selling the property. The commission results shall be reported to the Governor and General Court within sixty days of its formation.

After debate on the question on adoption of the amendment (Mr. Bosley of North Adams having been in the Chair), the sense of the House was taken by yeas and nays, at the request of Mr. Tirone of Amesbury; and on the roll call (the Speaker having returned to the Chair) 127 members voted in the affirmative and 22 in the negative.

[See Yea and Nay No. 321 in Supplement.]

[Mr. Loscocco of Holliston answered “Present” in response to his name.]

Therefore the amendment was adopted.

Mr. Rogers of Norwood and other members of the House moved that the bill be amended in section 2 by striking out items 7004-0099, 7004-2011, 7004-2027, 7004-3036, 7004-4314, 7004-8878, 7004-9004, 7004-9005, 7004-9024, 7004-9027, 7004-9030, 7004-9033, 7004-9102, 7004-9201 and 7004-9315 and inserting in place thereof the following items:

 

“7004-0002 For the urban initiative fund 250,000

Workforce Training Fund 100.0%

7004-0099 For the operation of the department of housing and community development; provided, that notwithstanding any general or special law to the contrary, the department may make expenditures for the purposes of the department against federal grants for certain direct and indirect costs pursuant to a cost overhead allocation plan approved by the comptroller; provided further, that the comptroller shall establish and designate an account on the Massachusetts management accounting and reporting system for the purpose of making such expenditures; provided further, that expenditures made against the account shall not be subject to appropriation and may include the cost of personnel; provided further, that the department shall submit quarterly reports to the house and senate committees on ways and means on object code expenditures made against the account; provided further, that notwithstanding the provisions of any general or special law, rule, or regulation to the contrary, the department of housing and community development may conduct annual verifications of household income levels based upon state tax returns for the purposes of administering the state and federal housing subsidy programs funded in items 7004-9004, 7004-9005, 7004-9009, 7004-9030, 7004-9011, 7004-9014, 7004-9019, 7004-9020, and 7004-9024; provided further, that as a condition of eligibility or continued occupancy by an applicant or a tenant, said department may require disclosure of the social security number of an applicant or tenant and members of such applicant’s or tenant’s household for use in verification of income eligibility; provided further, that said department is hereby authorized to deny or terminate participation in subsidy programs for failure by an applicant or a tenant to provide a social security number for use in verification of income eligibility; provided further, that said department may also consult with the department of revenue, the department of transitional assistance or any other state or federal agency which it deems necessary to conduct such income verification; provided further, that notwithstanding the provisions of any general or special law to the contrary, such state agencies shall consult and cooperate with said department and furnish any information in the possession of said agencies including, but not limited to, tax returns and applications for public assistance or financial aid; provided further, that for the purposes of conducting such income verification, the director of said department may enter into an interdepartmental service agreement with the commissioner of revenue to utilize the department of revenue’s wage reporting and bank match system for the purpose of verifying the income and eligibility of participants in such federally assisted housing programs and that of members of the participants’ households; provided further, that not more than $50,000 shall be expended for the Jackson Mann Community Center in the Commonwealth House Development in Allston/Brighton for the continued operation of community technology centers; provided further, that for the purposes of clarification only, notwithstanding the provisions of section 12 of chapter 490 of the acts of 1980, said department may authorize neighborhood housing services corporations to retain, reassign, and reloan funds received in repayment of loans made pursuant to the neighborhood housing services rehabilitation program; and provided further, that of the amount appropriated herein, funds may be expended for the Indian affairs commis-

sion 6,727,224

7004-2011 For a low income sewer and water assistance program pursuant to the provisions of section 24B

of chapter 23B of the General Laws 541,245

Local Aid Fund 100.0%

7004-2020 For the recapitalization of the community develop-

ment finance corporation 500,000

7004-2027 For community economic development; provided, that grants may be awarded to not-for-profit community-based organizations; provided further, that on or before February 1, 2003, the department shall file with the house and senate committees on ways and means a report demonstrating the distribution of funds from this item among rural, suburban, and urban community-based organizations; provided further, that no funds shall be expended from this item in the AA subsidiary, so-called, for the compensation of state employees; provided further, that no funds appropriated herein shall be expended by a recipient organization for dues, fees, personnel costs, whether direct, indirect or in-kind, or payment of any kind to the Massachusetts Association of Community Development Corporations; provided further, that in order to receive grants funded from this item, such not-for-profit community-based organizations shall commit a matching amount of not less than $1 in eligible matching funds for every $1 provided through such grants; provided further, that said matching funds shall be from nongovernmental funding sources; and provided further, that only amounts raised in excess of the amount raised by each recipient organization in fiscal year 2002 shall be considered eli-

gible matching funds 1,017,730

Local Aid Fund 100.0%

7004-3036 For housing services and counseling; provided, that $1,000,000 shall be expended as grants for the operation of nine regional housing consumer education centers operated by the regional nonprofit housing agencies; provided further, that the grants shall be through a competitive application process pursuant to criteria created by the department; provided further, that the department shall report to the house and senate committees on ways and means not later than February 1, 2003 on possible savings and efficiencies through consolidation of said services and counseling; and provided further, that no funds shall be expended from this item in the AA subsidiary, so-called, for the compensation

of state employees 1,000,000

7004-3040 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; and provided further, that the program shall assist victims of domestic violence in finding

and maintaining permanent housing 1,000,000

7004-4314 For the expenses of a service coordinators program established by the department to assist tenants residing in housing developed pursuant to sections 39 and 40 of chapter 121B of the General Laws to meet tenancy requirements in order to maintain and enhance the quality of life in said

housing 544,890

7004-8878 For the private rental housing development action loan program; provided, that notwithstanding any general or special law to the contrary, no new commitments, contracts or renegotiations of existing contracts shall be entered into during fiscal year 2003 or any subsequent fiscal

year 1,825,362

7004-9003 For a program to provide housing units to homeless individuals; provided, that grants shall be awarded on a competitive application process pursuant to criteria established by the department to regional non-profit housing associations, so-called, to provide housing units for up to one-year to homeless individuals who are working to transition into private housing; and provided further, that $250,000 shall be expended for residential assessment and place-

ment programs for homeless elders 927,230

7004-9004 For a program to enable households in state-assisted public housing to transition to unsubsidized housing options in the private market; provided, that up to 5,000 qualified households residing in chapter 200 or chapter 705 state-assisted housing developments shall be allowed to participate in a voluntary program that allows a portion of a household’s rental payments to a housing authority to be placed in escrow accounts for the purpose of making said transition affordable, including, down payment costs, closing costs, first and last month’s rent, security deposit, moving costs, and appliances necessary for occupancy; provided further, that the department, subject to appropriation, shall contribute $1 for every $2 of a rental payment placed by a household in such an escrow account which shall inure to the benefit of the household; provided further, that the amount of said rental payments eligible to be placed in said escrow accounts shall consist of the savings in rent payments derived by allowing an adjustment to a household’s income for purposes of computing rent for the amounts withheld from a household’s earned income for (1) state and federal income tax withholding payments and (2) payments for Social Security, FICA, or other retirement deductions and (3) other deductions as may be allowed by law or regulation consistent with the provisions of this item; provided further, that in promulgating regulations that allow a household’s income to be so adjusted for the calculation of rental payments, said department shall establish a uniform method for calculating the amount of rent adjustments allowable under said program; provided further, that said regulations shall not include in said calculation the amounts withheld from a dependent’s income nor shall the income of any such dependent be subject to escrow; provided further, that a household participating in said program shall agree in writing to the minimum amount needed to be held in escrow in order to provide for said affordable transition and to a maximum amount to be held in said escrow account; provided further, that in no event, shall the amount of any escrow account exceed $10,000; provided further, that rental payments held in escrow for a household that elects not to make said transition pursuant to the written agreement or which is evicted by a housing authority for any reason shall be repaid to the housing authority and the commonwealth for the value of any rent subsidy provided to said household and the matching contribution paid by the department; provided further, that a household that loses eligibility for state-assisted public housing due to increased income earnings shall use the amount held in escrow for the purposes of transition housing costs; provided further, that the use of escrowed rental payments by a household for said transition costs shall be verified by the household and any funds not used for transition costs shall be recovered by the housing authority; provided further, that said department shall select housing authorities that demonstrate a willingness and capability to participate in said program; provided further, that said authorities may, for the purposes of administrative efficiency, maintain a centralized escrow account in lieu of separate accounts for each participating household; provided further, that detailed accounting records shall be maintained for each participating household by a housing authority that establishes such a centralized escrow account; provided further, that said housing authorities shall take all steps to invest said escrow accounts in investment vehicles that maximize the interest earned on said escrow accounts; provided further, that said housing authorities may retain not more than 20 per cent of any such interest earned on rental payments held in escrow to offset the costs of administering said program; provided further, that the remaining interest earnings shall be credited to the escrow account of a household; provided further, that the department shall require said housing authorities to obtain the social security numbers of households participating in said program to verify household income and deductions with the department of revenue and other parties; provided further, that rental payments held in escrow shall be treated as deductible rent for purposes of calculating Massachusetts personal income taxes pursuant to subparagraph (9) of paragraph (a) of part B of section 3 of chapter 62 of the General Laws; provided further, that notwithstanding the provisions of any general or special law to the contrary, the release of escrow payments to a household, including interest earned thereon and the value of the matching contribution, shall not create any tax liability for such a household; provided further, that a tax liability shall be created in the event that a household does not elect to make said transition pursuant to said written agreement; and provided further, that said department may transfer funds provided in this item to item 7004-9005 for the purposes of supplementing rental funds directed

toward said program ........................... 132,650

7004-9005 For subsidies to housing authorities and non-profit organizations for deficiencies caused by certain reduced rentals in housing for the elderly, handicapped, veterans and relocated persons pursuant to sections 32 and 40 of chapter 121B of the General Laws; provided, that notwithstanding any general or special law to the contrary, all housing authorities operating elderly public housing shall offer first preference for elderly public housing units which are vacant as of the effective date of this act, and thereafter, to those persons 60 years of age or older on June 30, 1995, receiving rental assistance from the Massachusetts rental voucher program; provided further, that said department may expend funds appropriated in this item for deficiencies caused by certain reduced rentals which may be anticipated in the operation of housing authorities for the first quarter of the subsequent fiscal year; provided further, that no monies shall be expended from this item for the purpose of reimbursing the debt service reserve included in the budgets of housing authorities; provided further, that no funds shall be expended from this item in the AA subsidiary, so-called, for the compensation of state employees; provided further, that the amount appropriated herein shall be deemed to meet any and all obligations pursuant to said sections 32 and 40 of said chapter 121B; provided further, that any new reduced rental units developed in fiscal year 2003 eligible for subsidies pursuant to this item, shall not cause any annualization that results in an amount exceeding the amount appropriated in this item; and provided further, that all funds in excess of normal utilities, operations, and maintenance costs may be expended

for capital repairs 29,493,770

Local Aid Fund 100.0%

7004-9024 For a program of rental assistance for low-income families and elderly persons through mobile and project-based vouchers, so-called; provided, that rental assistance shall only be paid pursuant to a program to be known as the Massachusetts rental voucher program; provided further, that the income of said households shall not exceed 200 per cent of the federal poverty level; provided further, that said department may award mobile vouchers to such eligible households currently occupying project based units, that shall expire due to the non-renewal of project-based rental assistance contracts; provided further, that said department, as a condition of continued eligibility for a voucher and voucher payments, may require disclosure of social security numbers by participants and members of participants’ households in the Massachusetts rental voucher program for use in verification of income with other agencies, departments and executive offices in the commonwealth; provided further, that any household in which a participant or member of a participant’s household shall fail to provide a social security number for use in verifying the household’s income and eligibility shall no longer be eligible for a voucher or to receive benefits from said voucher program; provided further, that said vouchers shall be in varying dollar amounts and shall be set by said department based on considerations, including, but not limited to, family size, composition, income level and geographic location; provided further, that notwithstanding the provisions of any general or special law to the contrary, the use of rent surveys shall not be required in determining the amounts of said mobile vouchers, or said project-based units; provided further, that any household which is proven to have caused intentional damage to their rental unit in an amount exceeding two month’s rent during any one year lease period shall be terminated from the program; provided further, that notwithstanding the provisions of any general or special law to the contrary, a mobile voucher whose use is or has been discontinued shall be reassigned within 90 days; provided further, that said department shall pay agencies 25 dollars per voucher per month for the costs of administering said program; provided further, that said costs of administration shall not exceed six per cent of the appropriation provided herein; provided further, that said six per cent shall include, but not be limited to, all expenditures which may be made by said department to conduct or otherwise contract for rental voucher program inspections; provided further, that subsidies shall not be reduced for the cost of accommodating the cost of said inspections; provided further, that notwithstanding the provisions of any general or special law to the contrary, there shall be no maximum percentage applicable to the amount of income paid for rent by each household holding a mobile voucher, or project-based voucher, but each household shall pay at least 30 per cent of its income as rent; provided further, that said department shall establish the amounts of the mobile vouchers, and the project based vouchers, so that the appropriation herein is not exceeded by payments for rental assistance and administration; provided further, that said department shall not enter into commitments which will cause it to exceed the appropriation set forth herein; provided further, that ceiling rents, so-called, shall not be enforced by said department; provided further, that households holding mobile vouchers shall have priority for occupancy of said project-based dwelling units in the event of a vacancy; provided further, that said department may impose certain obligations for each participant in the Massachusetts rental voucher program through a 12 month contract which shall be executed by the participant and said department; provided further, that such obligations may include, but need not be limited to, job training, counseling, household budgeting, and education, as defined in regulations promulgated by said department and to the extent such programs are available; provided further, that each participant shall be required to undertake and meet any such contractually established obligation as a condition for continued eligibility in the program; provided further, that for continued eligibility each participant shall execute any such 12 month contract on or before September 1, 2002 if his or her annual eligibility recertification date occurs between June 30, 2002 and September 1, 2002 and otherwise on or before his or her annual eligibility recertification date; provided further, that any participant who is over the age of 60 years or who is handicapped may be exempted from any obligations unsuitable under particular circumstances; provided further, that said department shall submit an annual report to the secretary of administration and finance and the house and senate committees on ways and means detailing expenditures, the number of outstanding rental vouchers by income level, and the number and types of units leased that are funded from this item; and provided further, that no funds shall be expended from this item in the AA subsidiary, so-called,

for the compensation of state employees 26,668,557

7004-9027 For state housing assistance for rental production contracts with sponsors of rental housing projects financed through the Massachusetts housing finance agency, established pursuant to chapter 708 of the acts of 1966, in the form of a loan by the commonwealth to facilitate the construction or rehabilitation of rental housing projects pursuant to the provisions of section 7 of chapter 574 of the acts of 1983; provided, that notwithstanding section 27 of chapter 23B or sections 26 and 27 of chapter 29 of the General Laws to the contrary, the department may enter into such contracts for terms not exceeding 15 years with annual payment obligations not to exceed $14,432,625; provided further, that notwithstanding the provisions of any general or special law to the contrary, no new commitments shall be entered into during fiscal year 2003 for said fiscal year or any subsequent fiscal years; provided further, that the director of said department shall review all amounts disbursed through this program in the five fiscal years previous to the effective date of this act and to recover all excess funds disbursed; and provided further, that the director shall file a report with the house and senate committees on ways and means, detailing the recovery of said overpayments and recommending alternative

uses for said amounts 14,432,625

7004-9030 For the transitional rental assistance program established pursuant to chapter 179 of the acts of 1995; provided, that notwithstanding the provisions of any general or special law to the contrary, said transitional rental assistance shall be in the form of mobile vouchers, so-called; provided further, that said vouchers shall be in varying dollar amounts and set by the department on considerations including, but not limited to, household size and composition, household income and geographic location; provided further, that any household which is proven to have caused intentional damages to their rental unit in an amount exceeding two month’s rent during any one year shall be terminated from the program; provided further, that said department shall pay agencies that administer said program an allowance not to exceed $25 per voucher per month for the costs of administration; provided further, that notwithstanding the provisions of any general or special law to the contrary, there shall be no maximum percentage applicable to the amount of income paid for rent by each household holding a mobile voucher, so-called, but each household shall be required to pay not less than 25 per cent of their net income, as defined in regulations promulgated by said department, for units if utilities are not provided by the unit owner, or not less than 30 per cent of their income for units if utilities are provided by the unit owner; provided further, that payments for said transitional rental assistance may be provided in advance; provided further, that said department shall establish the amounts of the mobile vouchers, so that the appropriation herein is not exceeded by payments for rental assistance and administration; provided further, that said department shall not enter into commitments which will cause it to exceed the appropriation set forth herein; provided further, that the amount of a rental assistance voucher payment for an eligible household shall not exceed the rent less the household’s minimum rent obligation; provided further, that the word “rent” as used in this item shall mean payments to the landlord or owner of a dwelling unit pursuant to a lease or other agreement for a tenant’s occupancy of the dwelling unit, but shall not include payments made by the tenant separately for the cost of heat, cooking fuel, and electricity; provided further, that said department shall submit an annual report to the budget director, the secretary of administration and finance, and the house and senate committees on ways and means detailing expenditures, the number of outstanding rental vouchers, and the number and types of units leased; 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 any form of housing; provided further, that consistent with chapter 179 of the acts of 1995 the amount appropriated herein shall not annualize to more than $3,000,000 in fiscal year 2004; and provided further, that said program shall provide

funding for not more than 800 mobile vouchers 3,000,000

7004-9033 For rental subsidies to eligible clients of the department of mental health; provided, that the department shall establish the amounts of said subsidies so that payment thereof and of any other commitments from this item shall not

exceed the amount appropriated herein 2,000,000

7004-9102 For non-federally aided urban renewal community development; provided, that no new contracts

shall be entered into during fiscal year 2003 100, 000

Local Aid Fund 100.0%

7004-9201 For interest subsidies for the private development of affordable housing; provided, that notwithstanding the provisions of any general or special law to the contrary, no new commitments shall be entered into during fiscal year 2003 for said fiscal year or any subsequent

fiscal years 7,511,324

7004-9315 For the low income housing tax credit program; provided, that the department may expend an amount not to exceed $1,047,674 accrued from fees collected for the regulation of TELLER, so-called, projects undertaken pursuant to paragraph (m) of section 26 of chapter 121B of the General Laws, from fees collected pursuant to Executive Order No. 291, pertaining to low-income housing tax credits, for the costs of administering and monitoring said programs, including the costs of personnel, subject to the approval of the director of said department; and provided further, that notwithstanding the provisions of any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefor as reported in the state accounting system, prior appropriation

continued .......................... 1,047,674”;

and by adding at the end thereof the following section:

“SECTION 143. Chapter 127 of the acts of 1999 is hereby amended in section 2 in item 7004-0089 by striking out in lines 30-31 the following “or structural reinforcement of the Bolivar street public works garage in the town of Canton” and inserting in place thereof the following:— of the Bolivar street works garage in the town of Canton and to purchase land or buildings to prepare land, to erect or remodel any existing buildings or other structures, for the construction and equipping to a public works garage in the town of Canton.”.

On the question on adoption of the amendments offered by Mr. Rogers of Norwood and other members of the House, the sense of the House was taken by yeas and nays, at the request of the same member; and on the roll call 149 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 322 in Supplement.]

Therefore the amendments were adopted.

 

Recess.

At three minutes before seven o’clock P.M. (Friday, May 10), (on motion of Mr. Ciampa of Somerville) (the Speaker being in the Chair), the House recessed until the hour of ten o’clock A.M. on Monday, May 13, and at five minutes after ten o’clock A.M., the House was called to order with the Speaker in the Chair.

 

 

Monday, May 13, 2002 (at 10:05 o’clock A.M.)

 

Prayer was offered by the Reverend Robert F. Quinn, C.S.P., Chaplain of the House, as follows:

Eternal God, whose assistance and direction are readily available to us through thoughtful prayer, we pause to ask for Your help and counsel as we address today’s legislative items and matters. Grant us a great patience in discussions and dialogue, a clear vision of the future and a firm commitment to implement sound and ethical legislative principles and values. In these stressful days, inspire us to work together in a conscientious manner for the benefit of the people who depend upon our decisions and for the good of our diverse communities and neighborhoods. As guardians of the public trust and protector of the common good, grant us a humility of spirit and a willingness to listen to others. May our hearts and minds be filled with hope, confidence and enthusiasm because we are guided by You, Our Creator.

Bestow Your blessings on the Speaker, the members and employees of this House and their families. Amen.

At the request of the Speaker, the members, guests and employees joined with him in reciting the pledge of allegiance to the flag.

 

Statement of Representative Atsalis of Barnstable.

A statement of Mr. Atsalis of Barnstable 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 of today’s sitting, due to official business in another part of the State House. Any roll calls that I may have missed today is due entirely to the reason stated.

 

Statement of Representative Bosley of North Adams.

A statement of Mr. Bosley of North Adams 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 of today’s sitting due to being unavoidably delayed in my commute to the State House. Any roll calls that I may have missed today is due entirely to the reason stated.

 

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 petition of Shirley Owens-Hicks and Gloria L. Fox relative to authorizing the Division of Capital Asset Management and Maintenance to convey certain land in the city of Boston. Under suspension of the rules, on motion of Mrs. Owens-Hicks of Boston, the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on State Administration. Sent to the Senate for concurrence.

 

Recess.

At twenty-three minutes after ten o’clock A.M. (Monday, May 13), the Speaker declared a recess until eleven o’clock A.M.; and at that time the House was called to order.

 

Orders of the Day.

The House Bill relative to certain property tax assessments in the town of Windsor (printed in House, No. 4955), reported by the committee on Bills in the Third Reading to be correctly drawn, was read a third time; and it was passed to be engrossed. Sent to the Senate for concurrence.

 

 

The House Bill authorizing Fire District Number Two in the town of South Hadley to convey certain parcels of land to the Commonwealth for conservation purposes (House, No. 5029) (its title having been changed by the committee on Bills in the Third Reading), reported by said committee to be correctly drawn, was read a third time.

Pending the question on passing the bill to be engrossed, Ms. Flavin of Easthampton moved that it be amended in section 3, in line 5, by inserting after the figure “1” the following: “; book 971, page 104”.

The amendment was adopted; and the bill (House, No. 5029, amended) was passed to be engrossed. Sent to the Senate for concurrence.

 

The House Bill making appropriations for the fiscal year 2003 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. 5100, amended) was considered.

Pending the question on passing the bill, as amended, to be engrossed, Mr. Donnelly of Boston asked for a count of the House to ascertain if a quorum was present. The Speaker, 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 143 members were recorded as being in attendance.

[See Yea and Nay No. 323 in Supplement.]

Therefore a quorum was present.

Mr. Rogers of Norwood and other members of the House moved that the bill be amended in section 2, in item 4130-0002, by striking out the figures “800,000” and inserting in place thereof the figures “922,371”; in item 4130-0005, by striking out the figures “6,773,387” and inserting in place thereof the figures “7,073,387”; in item 4130-3200 by striking out the figures “74,388,274” and inserting in place thereof the figures “77,588,392”; by striking out item 4130-3300 and inserting in place thereof the following item:

“4130-3300 For the provision of income-eligible child care slots; provided, that not fewer than 500 child care slots shall be reserved for children in the foster care program at the department of social

services 131,961,775

Child Care Fund 41.00%”;

Transitional Aid to Needy

Families Fund 48 .00%”;

General Fund 11.00% ”;

by inserting after item 4130-3400 the following item:

4130-3500 For the provision of trial court child care services; provided, that $106,902 shall be expended for child care services in the Roxbury trial court; provided further, that $128,166 shall be expended for child care services in the Springfield trial court; provided further, that $81,861 shall be expended for child care services in the West Roxbury trial court; provided further, that $214,502 shall be expended for child care services in the Middlesex trial court; provided further, that $146,688 shall be expended for child care at Dorchester district court; provided further, that $146,688 shall be expended for trial court child care in Lawrence; provided further, that $209,525 shall be expended for child care at the Suffolk county court complex; provided further, that not less than $146,688 shall be expended for child care services in the Fall River trial court; provided further, that $167,620 shall be expended for child care services in the Chelsea trial court; and provided fur-ther, that $251,430 shall be expended for child

care services in the Brockton trial court , 1,600,000”;

and in item 4130-3600 by striking out the figures “46,154,062” and inserting in place thereof the figures “50,344,206”.

After remarks on the question on adoption of the amendments offered by Mr. Rogers of Norwood and other members of the House, the sense of the House was taken by yeas and nays, at the request of Ms. Lewis of Dedham; and on the roll call 151 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 324 in Supplement.]

[Mr. Donnelly of Boston answered “Present” in response to his name.]

Therefore the amendments were adopted.

Mr. Rogers of Norwood and other members of the House then moved that the bill be amended in section 2 by inserting after item 4000-0100 the following item:

“4000-0112 For matching grants to municipalities, boys’ and girls’ clubs, YMCA and YWCA organizations, Girls’ inc., and non-profit community centers for a program to prevent high rates of juvenile delinquency, teen pregnancy and high school dropout rates for youths-at-risk, so-called; provided, that the program shall be structured to require collaboration in each such neighborhood between agencies of the executive office of health and human services and the departments of human services and education, the county sheriffs’ offices, public safety departments, boys' and girls’ clubs, YMCA and YWCA organizations and nonprofit community centers of each participating municipality; provided further, that youths-at-risk shall include, but not be limited to, those teenagers and preteenagers identified with histories of court involvement, significant or continuous exposure to criminal behavior in their households, truancy, homelessness, children-in-need-of-services status, so-called, or involvement with the departments of social services or youth services; provided further, that funds from this item may be expended to provide after school programs that include parental accountability and training, court-based assessments, mentoring, substance abuse prevention and recreational programs; provided further, that the executive office shall work in conjunction with public and private organizations for the purposes of securing new matching funds for expenditures made from this item; provided further, that the secretary of health and human services shall award the full amount of each grant to each organization upon commitment of matching funds from the organization; provided further, that the secretary shall report to the house and senate committees on ways and means on the types of services, the cost of each such service, the exact amounts matched by each program, the names of vendors contracted by each program, the number of children to be served by each program, the goals of each program, expected outcomes for fiscal year 2003 and actual outcomes for fiscal year 2003; provided further, that $60,000 shall be expended for the Billerica Boys and Girls Club; provided further, that $25,000 shall be expended for the Brockton Boys and Girls Club; provided further, that $100,000 shall be expended for the Taunton Boys and Girls Club; provided further, that not less than $90,000 shall be expended for the Russian Teens-at-Risk program, so-called, in the cities of Boston and Lynn and the town of Brookline; provided further, that $40,000 shall be expended for the Boys and Girls Club of Greater Westfield; provided further, that $40,000 shall be expended for the YMCA of Greater Westfield; provided further, that $40,000 shall be expended for the public partnership program between the greater Lynn YMCA and YWCA and the town of Saugus and the public partnership program between the Saugus YMCA and YWCA and the town of Saugus; provided further, that $50,000 shall be expended for the Russian Teens-at-Risk program operated by the Jewish Family and Children’s Service in the city of Boston; and provided further, that not less than $555,000 shall be expended for after-school programs operated by public and non-public entities including, but not limited to members of the

Massachusetts alliance of boys and girls clubs 1,000,000”.

The amendment was adopted.

Mr. Cabral of New Bedford and other members of the House then moved that the bill be amended in section 2 by inserting after item 4000-0112 (inserted by amendment) the following item:

“4000-0122 For citizenship assistance program to assist legal non-citizens in becoming citizens of the United States; provided, that the executive office of health and human services is authorized and directed to enter into an interagency service agreement with the office for refugees and immigrants for the administration of said program; provided further, that said program shall be administered in consultation with said executive office, the department of transitional assistance and the division of medical assistance; provided further, that said program shall be provided through community-based organizations to the maximum extent determined appropriate by the office for refugees and immigrants; provided further, that the program funded by this item: (1) shall provide assistance to persons who are eligible to become citizens of the United States; and (2) may be funded not only through state appropriations but also through matching financial or in-kind contributions by private organizations or local government agencies; provided further, that persons who would qualify for benefits provided pursuant to chapter 118A of the General Laws, but for provision of services; provided further, that said program shall not be an entitlement and shall be subject to state appropriation; provided further, that the office of refugees and immigrants shall issue quarterly reports to the house and senate committees on ways and means and to the executive office of administration and finance on the number of persons participating in said program and the number of participants attaining citizenship in each quarter; provided further, that said report shall also detail the number of participants in said program receiving state-funded benefits by category of benefits and the federal benefits each participant would have been eligible for, but for his status as a legal non-citizen; provided further, that said office for refugees and immigrants shall report quarterly to the house and senate committees on ways and means and the executive office of administration and finance on the amounts of matching or in-kind contributions by private organizations or local government agencies; provided further, that no funds shall be expended from this item to replace expiring federal funds; provided further, that no funds shall be expended from this item for AA sub-

sidiary payroll costs, so-called 750,000”.

Pending the question on adoption of the amendment, Mrs. Paulsen of Belmont asked for a count of the House to ascertain if a quorum was present. The Speaker, 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 152 members were recorded as being in attendance.

[See Yea and Nay No. 325 in Supplement.]

Therefore a quorum was present.

After debate on the question on adoption of the amendment (Mrs. Harkins of Needham having been in the Chair), the sense of the House was taken by yeas and nays, at the request of Ms. Balser of Newton; and on the roll call 62 members voted in the affirmative and 89 in the negative.

[See Yea and Nay No. 326 in Supplement.]

Therefore the amendment was rejected.

Subsequently a statement of Ms. Malia of Boston 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, due to a malfunction in the electronic voting machine, on the previous vote I was recorded as having voted in the negative. Had the machine been operating properly, I would have been recorded as having voted in the affirmative.

At twenty-eight minutes after one o’clock P.M. (Monday, May 13), the Speaker declared a recess until half past two o’clock; and at nineteen minutes before three o’clock the House was called to order.

Mr. Rogers of Norwood and other members of the House moved that the bill be amended in section 2 by striking out, in item 1599-0041, the figures “50,000” and inserting in place thereof the figures “75,000”;

In item 4500-0110 by adding at the end thereof the following: “; and provided further, that not less than $100,000 shall be expended for the O’Neill Health Clinic”;

In item 4510-0150 by adding at the end thereof the following: “; and provided further, that $225,000 shall be expended on a statewide program of technical assistance to community health centers to be provided by a state primary care association qualified under section 330(f)(1) of the United States Public Health Service Act 42, U.S.C. section 254c(f)(1)”;

In item 4510-0600 by adding at the end thereof the following: “; provided further, that three hundred thousand dollars shall be expended for a contract to provide environmental risk assessment of the prevalence Lupus of and scleroderma in the South Boston section of the city of Boston, including the costs of performing medical and laboratory tests and examinations; provided further, that $195,000 shall be expended for the purpose of the director of the bureau of environmental health assessment of the department of public health to conduct an environmental risk assessment of the health impacts of the General Lawrence Logan Airport in the East Boston section of the city of Boston on any community that is located within a 5 mile radius of the airport and is potentially impacted by the airport; provided further, that the assessment may include, but not be limited to, examining incidences of respiratory diseases and cancers and performing medical and laboratory tests and examinations of residents of said communities; provided further, that the bureau shall report its findings together with any recommended response actions by the commonwealth to the house and senate committees on ways and means not later than February 1, 2004; provided further, that not less than $100,000 shall be expended for the purposes of research and prevention activities associated with Lyme disease, so-called, to be conducted by the Barnstable County Department of Health and the Environment; and provided further, that $300,000 shall be expended for a statewide lupus database”, and in said item by striking out the figures “3,374,744” and inserting in place thereof the figures “4,274,690”;

In item 4510-0710 by adding at the end thereof the words “; and provided further, that the department of public health will maintain all records of reported cases of multiple myloma and report all such cases to the Multiple Myloma Research Foundation”, and in said item by striking out the figures “6,698,840” and inserting in place thereof the figures “7,760,883”;

In item 4512-0103 by adding at the end thereof the following: “; and provided further, that not less than $300,000 shall be expended for the operation of a program to be administered by the Springfield department of health for comprehensive drug treatment for the prevention of AIDS”, and in said item by striking out the figures “33,414,132” and inserting in place thereof the figures “39,339,024”; by striking out sections 45, 54, 55 and 56 (as printed);

In section 2 by striking out item 5095-0017;

By inserting after item 4512-0106 the following item:

“4512-0200 For the administration of the division of substance abuse services, including a program to reimburse driver alcohol education programs for services provided for court adjudicated indigent clients; provided, that not less than $585,315 shall be expended for a contract with Sobriety Treatment, Education and Prevention, inc., doing business as STEP, inc.; provided further, that not less than $112,500 shall be expended for a contract with Gavin Foundation to provide a total immersion program in conjunction with the probation department of the Quincy division of the district court department of the trial court; provided further, that not less than $81,000 of said allocation shall be expended for the Tynan Community Center’s Adolescent Wellness program in the city of Boston; provided further, that not less than $108,000 shall be expended for a contract with Gavin Foundation to provide a total immersion program in conjunction with the probation department of the South Boston division of the district court,.department of the trial court and other district courts; provided further, that $53,000 shall be expended for the Railroad Street Youth project of Great Barrington; provided further, that $180,000 shall be expended for the Berkshire county area health education center, inc.; provided further, that not more than $45,000 shall be expended in grants for the Framingham Coalition for the Prevention of Alcohol and Drug Abuse; provided further, that not less than $54,000 shall be expended for the Hingham district court for a total immersion program; provided further that not less than $157,500 shall be expended for the Gavin House Foundation for purposes of establishing a half-way house in Charlestown for the Charlestown Recovery House Inc.; provided further, that not less than $553,500 shall be expended for the Celeste House; provided further that $139,993 shall be expended for the Intensive Outpatient Program at the South Boston Collaborative for the purposes of responding to adolescent suicide cluster and drug abuse in the South Boston section of the city of Boston; provided further, that $370,800 shall be expended for an adolescent residential facility for substance abuse and rehabilitation services in the South Boston section of the city of Boston; provided further, that Gavin Foundation shall be contracted to provide immersion programs stated herein; provided further, that the department shall maintain two half-way houses, so-called, in order to sustain the supply of available beds; provided further, that not less than $45,000 shall be expended for the maintenance of a training program for a statewide total immersion program; provided further, that notwithstanding the provisions of any general or special law to the contrary, there is hereby established a special commission to investigate, study and report on the state of alcohol and other drug addiction services in the Commonwealth and to develop a comprehensive policy for the provision of substance abuse treatment services in the Commonwealth; and provided further, that said commission shall be responsible for identifying all alcoholism and other drug addiction services currently available across all agencies in the Commonwealth and developing a recommendation on an administrative structure which would most efficiently provide substance abuse services in the Commonwealth, including but not limited to the transfer of said services to the department of mental health; provided further, that said commission shall consist of three members of the House of Representatives appointed by the Speaker, three members of the Senate, appointed by the Senate President, the commissioners of the department of public health, the department of mental health, the division of medical assistance, one representative of the Massachusetts organization for addiction recovery, one representative from the mental health and substance abuse corporations of Massachusetts, one representative from the recovery home collaborative, one representative from the Massachusetts housing and shelter alliance, one representative from the Massachusetts black alcoholism and addiction coalition and three consumers of substance abuse services; provided further, said commission shall report the results of its investigation and study, including a prioritized list of its findings and a prioritized list of legislative and regulatory recommendations to the joint committee on human services and the house and senate committees on ways and means no later then February 1,

2003 37,346,514

General Fund 83.23%”;

Health Protection Fund 16.77%”;

In item 4513-1005 by adding at the end thereof the following: “; provided further, that said department shall report to the house and senate committees on ways and means on the population served by said program delineated by federal poverty level, the cost of each segment of the population delineated by federal poverty level, as well as any long term cost savings achieved by providing said services to said populations; and provided further, that said department shall include in said report a breakdown of the costs incurred by said program from the time when eligibility was expanded to 225 per cent of the federal poverty level”;

In item 4000-0100, in line 26, by inserting after the word “islands;” the following: “provided further, that notwithstanding the provisions of any general or special law to the contrary, there shall be established the substance abuse advisory commission to evaluate the delivery of substance abuse services in the commonwealth in the context of determining the most appropriate departments through which said services would be most effectively and efficiently provided; provided further, that said commission shall consist of nine members, three of whom shall be appointed by the speaker of the house of representatives, three of whom shall be appointed by the president of the senate, and three of whom shall be appointed by the governor; provided further, that the members of said commission shall serve without compensation; provided further, that the commission shall not hire or employ any personnel or consultants; provided further, that said commission shall report the results of its evaluation to the house and senate committees on ways and means, and the clerk of the house of representatives and the clerk of the senate, on or before January 1, 2003;”;

In item 4512-0225 by striking out the figures “1,000,000” and inserting in place thereof the figures “2,000,000”;

By inserting after item 4512-0500 the following two items:

“4512-0501 For a 1-time grant to the Tufts University dental program for the developmentally disabled for the costs associated with the purchase of equipment; provided, that no funds appropriated herein shall be expended for payroll or contracted services; and provided further, that the department of public health in conjunction with Tufts University shall file a report with the house and senate committees on ways andmeans detailing the equipment purchased with

the funds appropriated herein 518,920

4512-1300 For the purposes of maintaining family planning services; provided, that the funds appropriated herein shall be used solely for promotion, com-

munity education and outreach 1,000,000

Transitional Aid to Needy

Families Fund 100.0%”;

 

In item 4513-1000 by striking out the figures “11,160,761” and inserting in place thereof the figures “11,460,761”;

In item 4513-1000 by adding at the end thereof the following: “; provided further, that $99,000 shall be expended for the self-esteem Boston education program, so-called; and provided further, that not less than $200,000 shall be expended for a child health diary entitled ‘Growing Up Healthy/Crescer Saudavel’”;

In item 4513-1001 by adding at the end thereof the following: “; and provided further that not less than $79,000 shall be expended from this item for the North Quabbin Domestic Violence Initiative”; and in said item by striking out the figures “; 780,443” and inserting in place thereof the figures “980,443”;

In item 4513-1002 by adding at the end thereof the following: “; provided further, that not less than $673,570 shall be expended for failure to thrive programs”; and in said item by striking out the figures “12,868,138” and inserting in place thereof the figures “13,710,138”;

In item 4513-1020 by striking out the figures “26,438,489” and inserting in place thereof the figures “29,188,130”;

In item 4513-1022 by adding at the end thereof the following: “; provided further, that $5,000 shall be made available to the Words Not Weapons mentoring project in Saugus”, and in said item by striking out the figures “250,000” and inserting in place thereof the figures “1,000,000”;

By inserting after item 4513-1023 the following item:

“4513-1111 For an osteoporosis education and prevention program; provided, that the program shall include, but not be limited to: (1) development or identification of educational material to promote public awareness of the cause of osteoporosis, options for prevention, the value of early detection and possible treatments, including their benefits and risks, to be made available to consumers, particularly targeted to high risk groups; (2) development or identification of professional education programs for health care providers; (3) development and maintenance of a list of current providers of specialized services for the prevention and treatment of osteoporosis; and (4) a program for awareness, prevention and treatment of the ‘silent disease’

hip fracture 342,000”;

In item 4513-1112 by striking out the figures “830,260” and inserting in place thereof the figures “3,320,263”;

By inserting after said item the following item:

“4513-1113 For a program to raise public awareness and provide health care provider education on colorectal cancer, including dissemination of materials on preventing and screening the disease and cancer registry reporting; provided, that no expenditures shall be made from this

item for the cost of personnel 87,500”;

In item 4516-1000 by adding at the end thereof the following: “; provided further, that not less than $75,000 shall be expended for the maintenance of the statewide rabies control program coordinated by the department of public health providing assistance to cities, towns, and the public, and for the inter-agency collaboration through the rabies advisory committee, the 24-hour epidemiological and clinical consultation for rabies exposures, the rapid laboratory diagnostic services and for the continuation of the raccoon rabies vaccine field trial on Cape Cod operated through a contract with Tufts University School of Veterinary Medicine in collaboration with the federal Centers for Disease Control and Prevention”, and in said item by striking out the figures “9,954,716” and inserting in place thereof the figures “11,552,360”;

In item 4530-9000 by adding at the end thereof the following: “; provided further, that $100,000 shall be expended for teen pregnancy prevention services in the town of Orange; provided further, that not less than $150,000 shall be expended for the Berkshire Coalition to Prevent Teen Pregnancy program in Berkshire County; provided further, that $225,000 shall be expended for the abstinence-based teen pregnancy prevention programs in the cities of North Adams and Pittsfield; provided further, that of said $225,000, not less than $125,000 shall be expended for said program in the city of Pittsfield; and provided further, that not less than $90,000 shall be expended for services in Chelsea and the South County Teen Network”, and in said item by striking out the figures “3,063,855” and inserting in place thereof the figures “3,628,855”;

In item 4570-1500 by adding at the end thereof the following: “; provided further, that $1,000,000 shall be expended for the purposes of a scientific research grant program to investigate potential environmental factors that contribute to breast cancer in areas of unique opportunity”, and in said item by striking out the figures “4,914,008” and inserting in place thereof the figures “8,628,900”;

In item 4590-0250 by adding at the end thereof the following: “; provided further, that $250,000 shall be expended to the H.E.L.P. program so-called, for black males health; and provided further, that not less than $50,000 shall be allocated for the Project Reach Out smoking cessation program at the Boys and Girls Clubs of Metrowest”;

In item 4590-0300 by striking out the figures “31,946,648” and inserting in place thereof the figures “33,946,648”;

In item 4590-0906 by striking out the figures “12,245,479” and inserting in place thereof the figures “13,797,200”;

In item 4590-0908 by striking out the figures “5,923,003” and inserting in place thereof the figures “6,351,209”;

In item 4590-0915 by adding at the end thereof the following: “; and provided further, that Tewksbury shall expend $30,000 of given funds for the purpose of chaplain services”, and in said item by striking out the figures “97,852,526” and inserting in place thereof the figures “107,520,450”; and

By adding at the end thereof the following six sections:

“SECTION 144. Section 429 of Chapter 159 of the Acts of 2000 is hereby amended in the first paragraph in the second sentence by striking the word, “two” and inserting in place thereof the word: — four.

SECTION 145. Section 429 of Chapter 159 of the Acts of 2000 is hereby amended in the first paragraph in the third sentence by striking the word, “three” and inserting in place thereof the word:— two.

SECTION 146. Section 429 of Chapter 159 of the Acts of 2000 is hereby amended in the first paragraph in the fourth sentence by inserting after the word, ‘phase’ the following:— and four in the second phase.

SECTION 147. Section 429 of Chapter 159 of the Acts of 2000 is hereby amended in the first paragraph in the fifth sentence by inserting at the end thereof the following:— and final approvals for the second phase shall be made no later than July 1, 2003.

SECTION 148. Section 429 of Chapter 159 of the Acts of 2000 is hereby amended in the second paragraph in the fourth and fifth sentences by striking the words, ‘first phase’ and inserting in place thereof the words:— first and second phases.

SECTION 149. Notwithstanding the provisions of any general or special law to the contrary, there is hereby established a special commission to investigate, study, and report on the cause and effect on the commonwealth of the abuse of alcoholic beverages and its consequences and impact in relation, but not limited to, health policy and costs including access to treatment services and loss of productivity in employment; cost to the commonwealth in terms of public safety, including traffic fatalities and injuries; law enforcement policy and costs, as based upon judicial and department of correction statistics; and the incidence and impact of underage alcohol consumption and binge consumption in middle schools, high schools and college campuses.

Said commission shall consist of one commissioner designated by the secretary of the executive office of health and human services, or his designee, who shall serve as chairman, the secretary of the executive office of public safety, or his designee, the chairman of the Board of Higher Education or his designee, a trial court justice to be appointed by the chief justice of the trial court, two members of the House of Representatives, one of whom shall be appointed by the Speaker and one by the House Minority Leader; and two members from the Senate, one of whom shall be appointed by the President of the Senate and one by the Senate Minority Leader and 13 members to be appointed by the Governor, one of whom shall be a representative of Associated Industries of Massachusetts, Auto Insurers Bureau of Massachusetts, Massachusetts Association of Health Plans, the Mass. Distillers Association, the Massachusetts District Attorneys’ Association, the Massachusetts Medical Society, Massachusetts Package Stores Association, the Beer Distributors of Mass. Inc., Mass. College of Emergency Physicians, the Mass. Organization of Americans for Recovery, the Massachusetts Bar Association, the Mass. Chapter of the American Academy of Pediatricians and Mothers Against Drunk Driving.

Appointments shall be made no later than September 1, 2002. The members of the commission shall serve without compensation. The commission shall not hire or employ any personnel or consultants. Said commission shall report the results of its investigation. and study, together with a list of its findings and a list of prioritized legislative and/or regulatory recommendations, if any, by filing the same with the chairmen of the house and senate committees on ways and means, the house and senate chairmen of the joint committee on health care, the house and senate chairmen of the joint committee on public safety and the clerk of the house of representatives and the clerk of the senate, on or before December 31, 2003.”

After remarks on the question on adoption of the amendments offered by Mr. Rogers of Norwood and other members of the House (Mrs. Harkins of Needham being in the Chair), the sense of the House was taken by yeas and nays, at the request of Mr. Scaccia of Boston; and on the roll call 153 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 327 in Supplement.]

Therefore the amendments were adopted.

Mr. Rogers of Norwood and other members of the House moved that the bill be amended in section 2 by striking out item 4800-0018 and inserting in place thereof the following item:

“4800-0018 For the family stabilization, unification and reunification programs for non-placement families, families experiencing instability, and families whose children are expected to return home following placement, including, but not limited to, shelter services, substance abuse treatment, respite care, and family reunification networks; provided, that the department shall pursue the establishment of public/private partnership agreements for family unification and reunification services funded from sources other than the commonwealth; provided further, that not less than $2,000,000 shall be provided for partnership agencies to provide protective services for minority, mentally retarded or handicapped clients; provided further, that not less than $6,224,206 shall be expended for 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; provided further, that $200,000 from this item shall be expended for a statewide mentors in violence prevention and conflict resolution program in collaboration with Northeastern University; provided further, that not more that $140,000 shall be expended for the Comprehensive School-Age Parenting Program, Inc. for expansion of a year-round school-based program in Boston high schools and middle schools for pregnant teens, young mothers and fathers and other youth at risk for school drop-out; provided further, that not less than $298,000 shall be expended for alternative schools for students ages 14 to 16, inclusive, who are placed before the court on children-in-need-of-services petitions in region 6; provided further, that not less than $272,000 shall be expended for an integrated family services team in region 6; provided further, that not less that $104,123 shall be expended for the school-age parenting project at Framingham High School; provided further, that not less that $35,000 shall be expended by the Framingham office of said department for the MetroWest Campership program operated by the Ashland Youth Advisory Board in partnership with said department; provided further, that not less than $348,850 shall be expended for Casa Esperanza and Latinas y Ninos to implement a family stabilization and reunification program; provided further, that not less than $130,000 shall be expended for the Children’s Cove Cape and Islands Child Advocacy Center; provided further, that not less than $30,000 shall be expended for Big Brothers and Big Sisters of Cape Cod and the Islands; provided further, that not more than $48,000 shall be expended in region 1 for a community-based family unification counseling program to prevent juvenile delinquency; provided further, that $50,000 shall be expended for Amity Transitional Housing Program in Lynn; provided further, that all providers of services funded herein shall provide utilization and cost reports annually to the department; provided further, the said reports shall include information as to the number of clients served, the cost per unit of service, and any available information on the outcome of services provided; and provided further, that the department shall provide to the house and senate committees on ways and means a detailed summary of

said information received by program 40,761,775

General Fund 62.00%”;

Social Services Fund 38.00%”;

by striking out item 4800-0031 and inserting in place thereof the following item:

“4800-0031 For permanency, adoption and foster care services, including foster care, adoption and guardianship subsidies, services to foster families and reimbursements to foster parents for extraordinary expenses incurred, including, but not limited to, the tiered reimbursements, so-called, used to promote the placement of children with special medical and social needs who would otherwise be placed in structured group care facilities; provided, that no funds shall be expended to provide subsidies to adoptive parents for children no longer in their care; provided further, that the department shall assess all children in its care for longer than 12 months for the appropriateness of adoption; provided further, that the department shall maintain a central registry and tracking system to monitor the progress of such children in the adoption process; provided further, that the department may contract with community-based agencies for the purpose of providing adoption and special needs adoption services; provided further, that the department shall establish a schedule of fees for services which shall vary with the ability of the recipient’s legal family to pay; provided further, that said fees shall be imposed regardless of whether a placement is voluntary or results from an order of a court of competent jurisdiction; provided further, that no fees shall be charged to individuals and families with incomes at or below 150 percent of the federal poverty level; provided further, that for fiscal year 2003, the clothing subsidy for each child shall be equal to the amount expended for such purposes in fiscal year 2002; provided further, that the foster care daily rate paid for subsidies in fiscal year 2003 shall be equal to the daily rate paid in fiscal year 2002, except those rate increases made pursuant to the tiered reimbursement system, so-called, established pursuant to section 566 of chapter 151 of the acts of 1996; provided further, that not more than $8,000,000 shall be obligated to continue a tiered reimbursement system for foster care pursuant to said section 566 of said chapter 151; provided further, that $450,000 shall be expended for a contract with Massachusetts Families for Kids; provided further, that the department shall expend not less than $3,200,000 for the purchase of special needs adoption contracts located at community-based agencies; and provided further, that if sufficient funds are available in this item the department may expand the existing permanency mediation pilot project, currently serving the counties of Berkshire, Hampden and Essex, to also serve the counties of Hampshire, Franklin, Barnstable and Mid-

dlesex 174,548,228

General Fund 95.00%”;

Social Services Fund 5.00%”;

and by striking out item 4800-1400 and inserting in place thereof the following item:

“4800-1400 For shelters and support services for women and children at risk of domestic violence, including supervised visitation programs; 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 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 not more than $1,000,000 shall be provided for the operation of the New Chardon Street Home for Women in the city of Boston; provided further, that not less than $100,000 shall be expended for the Independence House shelter for battered women in Hyannis; 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 not less than $65,205 shall be expended for the North Quabbin Domestic Vio-

lence Initiative 16,899,337

Social Services

Program Fund 60.00%”;

General Fund 40.00%”;

and by striking out item 4800-1997 and inserting in place thereof the following item:

“4800-1997 For a reserve to improve the quality of services provided by the department to children in the care of the commonwealth, including, but not limited to, an enhanced program for recruiting and retaining foster families, and the coordination of services provided by the department and the departments of public health, education, transitional assistance, mental health and mental retardation, and the juvenile courts; provided that funding shall be obligated for the costs of consolidated foster care and adoption recruitment units to allow for targeted recruitment, including the need for cultural and ethnic diversity; provided further, that such units shall recruit, screen, license, and provide Massachusetts approaches to partnership in parenting training for all foster and pre-adoptive families; provided further, that funding shall be expended for foster care parenting and adoption recruitment campaign; provided further, that the commissioner is directed to provide quarterly reports to the joint committees on health and human services and elderly affairs and to the house and senate committees on ways and means detailing the total number of additional foster care placements made during fiscal year 2003 as a result of enhanced recruitment activities; provided further, that said report shall include a separate section detailing the number of additional placements for children with special medical, psychological or special needs that have resulted from said initiatives, and any reduction in group care placements for children with such needs that have resulted from these initiatives; provided further, that the department is authorized and directed to work with law enforcement authorities including the attorney general and district attorneys to identify any need for additional legal staffing to eliminate any such backlog of adoption and care and protection cases and shall develop a plan to eliminate any such backlog through the use of contracted or temporary legal services; provided further, that funding shall be obligated for an enhanced training program for social workers and investigators, so-called; provided further, that not less than $668,451 shall be obligated for child care and respite care services for foster families; provided further, that funding shall be expended for post-adoption services, so-called; provided further, that not less than $250,000 shall be expended for the purpose of juvenile firesetter programs; provided further, that $300,000 shall be expended for support services for foster kinship and adoptive families provided by the Kid’s Net program, so-called, of the Massachusetts Society for the Prevention of Cruelty to Children; and provided further, that no funds shall be transferred from this item to other items for purposes

other than those listed herein 4,232,817”.

After remarks on the question on adoption of the amendments (Mrs. Harkins of Needham being in the Chair), the sense of the House was taken by yeas and nays, at the request of Mr. Scaccia of Boston; and on the roll call 154 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 328 in Supplement.]

Therefore the amendments were adopted.

At twenty-four minutes after four o’clock (Monday, May 13), the Chair (Mrs. Harkins) declared a recess until a quarter before five o’clock; and at one minute before five o’clock, the House was called to order with the Speaker in the Chair.

The Speaker thereupon declared a further recess until seven o’clock; and at fourteen minutes after seven o’clock the House was called to order.

Mr. Rogers of Norwood and other members of the House moved that the bill be amended in section 2 by striking out items 1410-0010, 1410-0012 and 1410-0250 and inserting in place thereof the following three items:

“1410-0010 For the operation of the office of veterans’ services; provided, that not less than $10,000 shall be obligated for a contract with the Korean war veterans committee of Massachusetts for the purpose of maintaining the Massachusetts Korean war memorial located in the shipyard park of the Charlestown navy yard; provided further, that $10,000 shall be obligated for the purpose of maintaining the Massachusetts Vietnam Veterans Memorial located in the Green Hill Park in Worcester; provided further, that said office shall fund a housing specialist from this item; provided further, that there is hereby established a special commission to evaluate the status of Massachusetts’ veterans long term care services, the need of such veterans for long term care services, and the feasibility of establishing comprehensive long term care services for such veterans; provided further, that said study shall include, but not be limited to, an examination of the following factors: (1) an exhaustive analysis of the number of veterans who may need institutional care and community-based long term care services in the commonwealth; (2) the extent and nature of long term care services currently available to such veterans; (3) an itemized list by location and size of any and all federally owned facilities or spaces that may serve as long term care facilities that may provide such services to such veterans, including the number of empty beds, so-called, per facility that may be available for the provision of such services; provided further, that said commission shall consist of the secretary of administration and finance, the commissioner of medical assistance, the commissioner of health care finance and policy, the commissioner of public health, the secretary of elder affairs, the commissioner of veterans services, and the commandants of the Chelsea and Holyoke soldiers homes, 2 members of the house and 1 member of the senate, and 4 persons be appointed by the governor, 1of whom shall be a representative of the extended care federation, 1 of whom shall be a representative of health care for all, and 2 of whom shall be citizens who shall represent the interests of such veterans; and provided further, that said commision shall file a report on the results of its study, together with recommendations and any legislation necessary to carry out its recommendations with the clerks of the house of representatives and the senate, and the house and senate committees on ways and means, not later

than March 25, 2003 2,151,003

1410-0012 For services to veterans, including the maintenance and operation of outreach centers; provided, that said centers shall provide counseling to incarcerated veterans and to Vietnam era veterans and their families who may have been exposed to agent orange; provided further, that not more than $293,643 shall be obligated for a contract with the Veterans Benefit Clearing house in the Roxbury section of Boston; provided further, that not more than $86,698 shall be obligated for a contract with the Veterans Northeast Outreach Center in the city of Haverhill; provided further, that not more than $111,152 shall be obligated for a contract with the North Shore Veterans Counseling Center in the city of Beverly; provided further, that not more than $88,921 shall be obligated for a contract with the Veterans Association of Bristol county in the city of Fall River; provided further, that not more than $99,000 shall be obligated for a contract with NamVets of the Cape and Islands in the town of Hyannis; provided further, that not more than $88,921 shall be obligated for a contract with the Outreach Center, Inc., in the city of Pittsfield; provided further, that not more than 175,353 shall be obligated for a contract with the Montachusett Veterans Outreach Center in the city of Gardner; provided further, that not more than $88,475 shall be obligated for a contract with the Metrowest/Metrosouth Outreach Center in the town of Framingham; and provided further, that not more than $88,921 shall be obligated for a contract with the Puerto Rican Veterans Association of Massachusetts, Inc., in the city

of Springfield 1,091,615

1410-0250 For homelessness services, including the maintenance and operation of homeless shelters and transitional housing for veterans; provided, that not 1ess than $303,966 shall be obligated for a contract with the central Massachusetts shelter for homeless veterans located in the city of Worcester; provided further, that not less than $352,395 shall be obligated for a contract with the southeastern Massachusetts veterans housing program, Inc. located in the city of New Bedford; provided further, that $100,350 shall be obligated for a contract with the Veterans Benefit Clearinghouse located in Dorchester; provided further, that not less than $90,000 shall be obligated for a contract with Unity House located in the city of Gardner; provided further, that not less than $28,350 shall be obligated for a contract with the Transition House located in the city of Springfield; provided further, that not less than $51,975 shall be expended for a contract with the Springfield bilingual veterans outreach center for the operation and maintenance of a transitional housing unit at the YMCA of Springfield; provided further, that not less than $44,888 shall be obligated for a contract with the Mansion located in the city of Haverhill; provided further, that not less than $28,350 shall be obligated for a contract with the Homestead located in the town of Hyannis; provided further, that not less than $108,000 shall be obligated for contracts with the veterans hospice homestead in the city of Leominster and the veterans hospice in the town of Fitchburg; provided further, that not less than $22,500 shall be obligated for a contract with the Turner House located in the town of Williamstown; provided further, that not less than $73,350 shall be obligated for a contract with the Veterans Benefit Clearinghouse located in Roxbury; provided further, that not less than $90,000 shall be obligated for a contract with Habitat P.L.U.S. in the city of Lynn; provided further, that not less than $43,200 shall be obligated for a contract with the Chapin Mansion/Soldiers’ home in the city of Holyoke for homeless veterans care; and provided further, that not less than $22,500 shall be obligated for a contract with the Maguder House/Soldiers’ Home for transitional housing

for veterans in the city of Chicopee 1,359,824”;

In item 4180-0100 by striking out the figures “21,783,463” and inserting in place thereof the figures “22,442,947”;

In item 4180-1100 by striking out the figures “157,000” and inserting in place thereof the figures “207,000”;

By striking out item 4180-1101;

In item 4190-0100 by striking out the figures “15,221,259” and inserting in place thereof the figures “16,470,087”;

By striking out item 4190-1101; and

In section 136 (as printed), in lines 23, 24 and 25, by striking out the following:

“Soldiers’ Homes in Chelsea and Holyoke

Long-term care beds $30”.

Domiciliary beds $10”.

Pending the question on adoption of the amendments, Mr. Peterson of Grafton asked for a count of the House to ascertain if a quorum was present. The Speaker, 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 149 members were recorded as being in attendance.

[See Yea and Nay No. 329 in Supplement.]

Therefore a quorum was present.

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. Connolly of Everett; and on the roll call 152 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 330 in Supplement.]

Therefore the amendments were adopted.

Mr. Rogers of Norwood and other members of the House moved that the bill be amended in section 2, in item 7061-0008, by striking out the figures “2,896,319,465” and inserting in place thereof the figures “3,218,132,737”; and in section 3 by striking out item 7061-0008 (Chapter 70 funding), item 0611-5500 (Additional Assistance funding) and Lottery Distribution for the cities and towns in the Commonwealth and inserting in place thereof the following:

 

0611-5500

7061-0008 Additional Lottery

“Municipality Chapter 70 Assistance Distribution

Abington 6,439,277 - 2,068,295

Acton 2,668,321 33,631 1,406,217

Acushnet 4,957,982 27,039 1,587,971

Adams - 39,686 2,024,211

Agawam 11,837,774 - 3,691,926

0611-5500

7061-0008 Additional Lottery

Municipality Chapter 70 Assistance Distribution

Alford - - 15,203

Amesbury 9,978,669 - 2,074,864

Amherst 5,854,709 252,453 8,097,758

Andover 6,181,695 - 1,854,534

Aquinnah - - 2,220

Arlington 6,003,471 5,087,079 4,509,629

Ashburnham - - 700,843

Ashby - - 411,019

Ashfield 120,726 - 168,806

Ashland 2,897,888 330,243 1,069,482

Athol - 4,956 2,264,632

Attleboro 24,029,834 - 5,734,233

Auburn 4,669,138 - 1,723,735

Avon 712,769 453,733 408,691

Ayer 4,486,205 50,078 768,985

Barnstable 7,631,735 - 2,116,934

Barre 9,851 - 796,940

Becket 91,305 9,717 77,515

Bedford 2,419,485 548,452 823,146

Belchertown 8,204,607 - 1,548,703

Bellingham 8,115,368 - 1,904,037

Belmont 3,530,649 937,150 1,789,170

Berkley 4,275,079 - 562,870

Berlin 617,571 - 223,968

Bernardston - - 263,001

Beverly 7,634,024 2,777,469 4,100,613

Billerica 15,039,538 2,660,682 4,255,906

Blackstone 147,096 - 1,329,932

Blandford - - 119,013

Bolton - - 186,026

Boston 205,643,453 185,974,393 63,492,321

Bourne 3,620,921 399,281 1,220,684

Boxborough 1,389,345 - 243,393

Boxford 1,808,196 41,236 470,708

Boylston 477,114 - 356,001

Braintree 5,818,964 3,825,740 3,283,351

Brewster 1,026,159 - 397,625

Bridgewater 139,108 - 3,285,540

Brimfield 1,097,622 - 364,837

Brockton 112,706,501 4,881,657 18,396,664

Brookfield 1,635,198 - 494,890

Brookline 6,152,559 3,961,303 3,977,495

Buckland 7,971 - 273,118

Burlington 4,433,992 1,570,143 1,600,680

Cambridge 8,488,881 20,335,814 8,023,844

Canton 3,140,912 994,366 1,482,910

Carlisle 733,483 16,681 220,215

Carver 8,941,700 - 1,477,290

Charlemont 88,183 - 158,275

0611-5500

7061-0008 Additional Lottery

Municipality Chapter 70 Assistance Distribution

Charlton - - 1,282,797

Chatham 560,156 - 173,877

Chelmsford 8,241,820 2,871,356 3,246,972

Chelsea 41,980,397 3,847,056 5,585,430

Cheshire 294,018 - 538,717

Chester - - 164,739

Chesterfield 143,523 - 124,346

Chicopee 35,175,026 1,354,073 10,041,559

Chilmark - - 3,950

Clarksburg 1,455,353 14,852 359,293

Clinton 9,094,344 198,779 2,252,984

Cohasset 1,434,091 188,112 429,536

Colrain - - 231,093

Concord 1,928,662 434,847 961,464

Conway 696,229 - 164,973

Cummington 40,597 - 72,482

Dalton 286,814 - 998,152

Danvers 4,462,515 1,267,272 2,027,017

Dartmouth 7,590,854 - 2,609,226

Dedham 3,817,342 1,755,762 2,233,487

Deerfield 762,515 - 496,399

Dennis - - 554,312

Devens 410,000 - -

Dighton - - 708,177

Douglas 5,996,271 - 693,294

Dover 414,875 - 210,764

Dracut 13,378,607 - 3,630,717

Dudley - - 1,539,684

Dunstable - 34,061 195,939

Duxbury 3,319,143 - 968,315

East Bridgewater 8,658,108 - 1,519,078

East Brookfield 27,380 - 281,675

East Longmeadow 4,098,133 - 1,368,440

Eastham 302,567 - 151,695

Easthampton 7,463,438 123,304 2,712,063

Easton 6,985,651 - 2,216,364

Edgartown 403,848 32,286 48,085

Egremont - - 65,796

Erving 306,667 14,893 63,971

Essex - 38,312 239,827

Everett 17,126,835 4,625,665 3,588,420

Fairhaven 6,967,506 443,312 2,066,773

Fall River 84,520,361 2,594,576 22,826,175

Falmouth 5,288,882 - 1,431,287

Fitchburg 36,645,805 243,281 8,506,440

Florida 519,237 - 52,267

Foxborough 6,699,937 - 1,600,196

Framingham 9,814,588 5,320,070 6,506,019

0611-5500

7061-0008 Additional Lottery

Municipality Chapter 70 Assistance Distribution

Franklin 19,332,689 - 2,519,718

Freetown 1,115,300 - 994,472

Gardner 16,575,971 136,750 4,106,707

Georgetown 3,224,695 60,022 701,744

Gill - - 217,801

Gloucester 6,554,127 2,177,920 2,664,595

Goshen 89,121 - 70,158

Gosnold 7,025 2,222 551

Grafton 5,078,322 - 1,603,750

Granby 3,232,103 - 851,779

Granville 789,542 - 141,332

Great Barrington - - 801,673

Greenfield 9,512,771 - 3,124,995

Groton - - 744,847

Groveland - - 674,022

Hadley 742,139 156,676 329,841

Halifax 2,314,346 - 940,730

Hamilton - 48,570 627,297

Hampden - - 605,061

Hancock 114,048 19,976 38,668

Hanover 4,015,201 1,502,183 1,104,612

Hanson - - 1,289,820

Hardwick - 3,656 396,023

Harvard 1,431,925 62,392 1,938,865

Harwich 1,704,377 - 442,804

Hatfield 672,227 - 316,141

Haverhill 33,849,328 2,834,893 8,032,601

Hawley 18,797 14,638 28,761

Heath - - 64,382

Hingham 3,952,913 378,437 1,428,766

Hinsdale 96,654 - 211,241

Holbrook 4,464,776 5,388 1,611,943

Holden 139,460 - 1,710,718

Holland 818,518 - 180,635

Holliston 7,251,411 466,943 1,280,179

Holyoke 59,511,422 687,046 9,604,916

Hopedale 4,995,528 - 667,451

Hopkinton 4,137,826 136,229 657,206

Hubbardston - - 345,151

Hudson 6,446,740 - 2,145,893

Hull 4,516,679 1,572,576 1,136,509

Huntington - - 313,583

Ipswich 2,461,050 878,202 1,052,891

Kingston 2,948,307 - 950,339

Lakeville 1,943,979 - 787,143

Lancaster - - 910,125

Lanesborough 614,350 - 366,381

Lawrence 104,229,751 215,973 19,915,827

Lee 1,852,895 - 677,606

0611-5500

7061-0008 Additional Lottery

Municipality Chapter 70 Assistance Distribution

Leicester 9,025,412 - 1,782,390

Lenox 1,342,091 81,708 560,193

Leominster 29,540,832 13,243 5,623,305

Leverett 271,789 - 180,835

Lexington 6,119,692 - 1,638,770

Leyden - - 72,787

Lincoln 573,671 330,713 488,352

Littleton 1,734,384 186,782 588,951

Longmeadow 4,231,500 - 1,390,886

Lowell 109,418,078 7,181,098 20,560,564

Ludlow 9,409,200 - 2,825,665

Lunenburg 3,650,152 - 1,107,540

Lynn 95,036,457 10,733,598 15,119,725

Lynnfield 2,074,922 410,303 793,780

Malden 24,015,004 6,327,151 8,770,142

Manchester-By-The-Sea - - 252,628

Mansfield 9,187,559 821,131 1,521,082

Marblehead 2,942,971 44,625 1,207,520

Marion 397,148 - 233,186

Marlborough 6,523,756 3,089,917 3,278,585

Marshfield 11,768,546 229,628 2,156,088

Mashpee 4,788,112 - 278,430

Mattapoisett 562,247 - 436,879

Maynard 2,682,260 664,667 1,181,220

Medfield 3,339,769 843,300 894,157

Medford 12,495,563 7,284,954 7,532,599

Medway 6,071,225 211,785 1,056,273

Melrose 6,265,487 3,062,579 3,278,759

Mendon - - 391,787

Merrimac - - 767,453

Methuen 24,974,310 184,632 5,415,812

Middleborough 13,761,293 - 2,532,929

Middlefield - - 43,386

Middleton 1,067,839 143,345 360,177

Milford 11,643,468 - 3,224,119

Millbury 5,262,640 - 1,824,329

Millis 2,277,107 363,476 833,764

Millville 46,651 - 352,051

Milton 4,024,758 1,410,166 2,450,433

Monroe 34,278 15,773 7,502

Monson 5,312,612 - 1,268,544

Montague - - 1,235,980

Monterey - 14,199 36,690

Montgomery - - 84,516

Mount Washington 11,633 37,697 3,314

Nahant 455,800 142,012 312,234

Nantucket 969,022 - 78,275

Natick 4,931,682 2,199,913 2,435,049

Needham 4,504,997 233,294 1,669,029

0611-5500

7061-0008 Additional Lottery

Municipality Chapter 70 Assistance Distribution

New Ashford 48,420 8,283 9,445

New Bedford 94,721,196 811,182 23,850,333

New Braintree - - 113,779

New Marlborough - - 56,734

New Salem - - 92,984

Newbury - - 467,196

Newburyport 3,492,275 1,562,959 1,600,739

Newton 11,394,437 1,559,510 5,209,880

Norfolk 3,028,920 - 991,299

North Adams 13,678,354 210,485 4,448,636

North Andover 4,889,300 136,526 1,924,579

North Attleborough 15,276,094 - 2,986,525

North Brookfield 4,081,545 - 832,766

North Reading 3,112,771 1,070,808 1,083,593

Northampton 7,497,387 654,515 4,071,701

Northborough 3,113,893 69,210 1,080,649

Northbridge 11,352,677 3,479 2,335,382

Northfield - - 304,891

Norton 10,072,832 - 2,111,234

Norwell 2,269,077 612,790 687,784

Norwood 4,199,430 3,019,194 2,682,660

Oak Bluffs 634,246 - 74,035

Oakham 63,589 - 172,392

Orange 5,367,303 2,395 1,639,733

Orleans 267,953 - 188,028

Otis - - 30,029

Oxford 7,952,326 - 2,175,061

Palmer 9,599,993 - 1,891,452

Paxton 34,270 - 467,769

Peabody 15,136,351 3,556,463 5,028,007

Pelham 141,191 - 152,149

Pembroke 9,611,273 - 1,722,079

Pepperell - - 1,299,451

Peru 39,868 - 104,979

Petersham 199,398 - 110,642

Phillipston - 4,967 162,324

Pittsfield 28,941,235 996,950 7,892,067

Plainfield 53,679 - 43,850

Plainville 1,978,516 - 770,825

Plymouth 20,298,057 - 3,858,333

Plympton 597,760 - 244,745

Princeton - - 304,912

Provincetown 309,126 25,121 146,532

Quincy 15,165,279 13,100,000 10,627,940

Randolph 11,260,936 2,067,837 3,895,298

Raynham 375 - 1,135,242

Reading 6,121,072 1,738,325 2,165,900

Rehoboth - - 937,167

Revere 23,067,165 6,041,428 6,254,836

0611-5500

7061-0008 Additional Lottery

Municipality Chapter 70 Assistance Distribution

Richmond 386,119 - 116,839

Rochester 1,113,730 - 423,340

Rockland 10,015,816 446,599 2,475,363

Rockport 1,427,901 - 463,571

Rowe 53,056 - 4,344

Rowley - 129,371 461,136

Royalston - - 146,055

Russell - - 226,302

Rutland 11,119 - 777,460

Salem 12,334,597 3,735,919 4,215,255

Salisbury - - 632,081

Sandisfield 7,986 - 30,228

Sandwich 5,016,623 100,122 957,403

Saugus 4,228,143 2,020,536 2,352,165

Savoy 364,611 15,630 100,575

Scituate 3,814,081 991,007 1,449,261

Seekonk 3,664,719 - 1,244,667

Sharon 5,483,804 70,778 1,407,947

Sheffield - 13,521 223,611

Shelburne - - 263,665

Sherborn 395,414 23,728 211,166

Shirley 3,804,005 210,150 1,168,490

Shrewsbury 7,804,759 338,469 2,482,932

Shutesbury 573,004 - 149,760

Somerset 3,191,654 - 1,459,932

Somerville 24,302,486 18,369,584 12,579,548

South Hadley 6,171,610 22,893 2,576,104

Southampton 2,085,114 - 579,205

Southborough 2,257,010 - 432,404

Southbridge 14,564,180 - 3,552,517

Southwick - - 1,103,183

Spencer 219,706 - 2,105,128

Springfield 206,589,727 2,071,963 34,087,198

Sterling - - 700,512

Stockbridge - - 109,953

Stoneham 3,284,829 2,297,859 2,253,662

Stoughton 9,415,846 116,803 3,410,309

Stow - 7,898 432,823

Sturbridge 1,298,823 - 765,491

Sudbury 2,837,016 726,589 915,572

Sunderland 787,076 - 474,109

Sutton 4,385,244 - 778,717

Swampscott 2,431,038 399,023 1,049,552

Swansea 4,966,726 - 1,942,303

Taunton 34,375,379 - 8,938,499

Templeton - - 1,237,826

Tewksbury 11,476,069 - 2,989,060

Tisbury 355,233 - 107,346

Tolland - 11,172 5,848

0611-5500

7061-0008 Additional Lottery

“Municipality Chapter 70 Assistance Distribution

Topsfield 728,900 286,853 434,808

Townsend - - 1,185,279

Truro 261,971 - 30,866

Tyngsborough 6,317,346 - 933,395

Tyringham 36,592 - 13,448

Upton - - 505,680

Uxbridge 7,883,492 - 1,457,887

Wakefield 4,869,150 1,628,672 2,435,881

Wales 741,058 - 226,175

Walpole 5,393,468 1,000,904 1,954,587

Waltham 7,158,929 6,182,343 5,604,744

Ware 6,995,285 17,279 1,686,435

Wareham 11,597,828 - 2,146,747

Warren - - 722,120

Warwick - 32,719 82,721

Washington 15,088 26,900 69,340

Watertown 2,969,442 5,014,003 3,147,986

Wayland 2,863,219 317,532 719,666

Webster 7,128,461 70,223 2,446,836

Wellesley 3,687,434 109,672 1,369,061

Wellfleet 145,578 - 64,574

Wendell - 28,918 128,872

Wenham - 158,322 336,192

West Boylston 2,723,155 76,733 700,233

West Bridgewater 1,962,857 53,470 649,816

West Brookfield - - 461,290

West Newbury - - 295,493

West Springfield 13,179,351 - 3,354,930

West Stockbridge - - 107,749

West Tisbury - 206,612 35,948

Westborough 3,240,051 164,282 1,011,538

Westfield 26,328,500 - 5,982,647

Westford 10,615,861 1,014,198 1,407,229

Westhampton 348,019 - 139,763

Westminster - - 633,132

Weston 1,709,187 - 408,032

Westport 3,601,648 - 1,323,387

Westwood 2,635,628 41,069 747,149

Weymouth 19,551,520 2,745,352 7,557,154

Whately 155,566 - 125,335

Whitman - - 2,266,320

Wilbraham - - 1,267,833

Williamsburg 437,793 - 319,042

Williamstown 1,101,138 - 982,576

Wilmington 4,134,916 1,420,708 1,465,245

Winchendon 10,441,224 28,727 1,608,398

Winchester 3,692,026 390,048 1,323,349

Windsor 41,640 31,734 63,988

Winthrop 4,932,699 2,590,702 2,645,493

0611-5500

7061-0008 Additional Lottery

Municipality Chapter 70 Assistance Distribution

Woburn 5,628,191 4,062,339 3,305,356

Worcester 147,939,972 13,374,173 31,709,784

Worthington - - 111,688

Wrentham 3,175,031 - 995,663

Yarmouth - - 1,265,057

Total Aid to Regional

School Districts 520,480,348

Total 3,218,132,737 428,683,754 778,091,951

 

7061-0008

Regional School Chapter 70

Acton Boxborough 3,543,199

Adams Cheshire 9,669,729

Amherst Pelham 9,419,188

Ashburnham Westminster 8,446,322

Assabet Valley 3,051,938

Athol Royalston 15,673,951

Berkshire Hills 3,268,521

Berlin Boylston 962,915

Blackstone Millville 10,632,254

Blackstone Valley 5,635,627

Blue Hills 3,794,449

Bridgewater Raynham 18,684,258

Bristol County 1,461,167

Bristol Plymouth 5,538,845

Cape Cod 2,220,714

Central Berkshire 8,286,804

Chesterfield Goshen 646,949

Concord Carlisle 1,772,474

Dennis Yarmouth 7,424,130

Dighton Rehoboth 10,767,210

Dover Sherborn 1,423,318

Dudley Charlton 18,341,137

Essex County 3,664,972

Farmington River 451,007

Franklin County 2,346,963

Freetown Lakeville 5,567,682

Frontier 2,483,459

Gateway 6,957,660

Gill Montague 6,419,909

Greater Fall River 11,046,557

Greater Lawrence 13,802,543

Greater Lowell 15,565,037

Greater New Bedford 18,294,926

Groton Dunstable 9,093,386

Hamilton Wenham 3,474,401

Hampden Wilbraham 9,041,391

Hampshire 2,282,010

7061-0008

Regional School Chapter 70

Hawlemont 758,481

King Philip 5,062,139

Lincoln Sudbury 2,139,973

Manchester Essex 1,646,605

Martha’s Vineyard 2,290,886

Masconomet 4,349,058

Mendon Upton 6,599,227

Minuteman 2,565,688

Mohawk Trail 7,345,280

Montachusett 7,232,676

Mount Greylock 2,044,500

Narragansett 7,386,291

Nashoba 6,476,966

Nashoba Valley 2,386,144

Nauset 3,903,029

New Salem Wendell 744,144

Norfolk County 742,722

North Middlesex 20,184,957

North Shore 1,758,805

Northampton Smith 915,417

Northboro Southboro 1,891,353

Northeast Metropolitan 6,502,464

Northern Berkshire 2,979,338

Old Colony 2,231,906

Old Rochester 1,837,325

Pathfinder 2,533,302

Pentucket 11,803,765

Pioneer 3,977,734

Quabbin 14,118,196

Quaboag 7,585,764

Ralph C. Mahar 3,800,828

Shawsheen Valley 3,843,071

Silver Lake 5,874,299

South Middlesex 2,664,555

South Shore 2,098,219

Southeastern 8,731,300

Southern Berkshire 2,109,780

Southern Worcester 4,956,043

Southwick Tolland 7,050,606

Spencer East Brookfield 11,231,287

Tantasqua 6,288,569

Tri County 3,662,812

Triton 8,845,837

Up-Island 958,843

Upper Cape Cod 2,314,954

Wachusett 17,602,075

Whitman Hanson 19,695,883

Whittier 5,600,250

Regional Total 520,480,348”.

Pending the question on adoption of the amendments, Mr. DiMasi of Boston asked for a count of the House to ascertain if a quorum was present. The Speaker, 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 151 members were recorded as being in attendance.

[See Yea and Nay No. 331 in Supplement.]

Therefore a quorum was present.

After remarks on the question on adoption of the amendments offered by Mr. Rogers of Norwood and other members of the House, the sense of the House was taken by yeas and nays, at the request of Mr. Falzone of Saugus; and on the roll call 153 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 332 in Supplement.]

Therefore the amendments were adopted.

Ms. Lewis of Dedham and other members of the House moved that the bill be amended in section 2 by striking out items 1108-5200 and 1108-5500 and inserting in place thereof the following two items:

“1108-5200 For the commonwealth’s share of the group insurance premium and plan costs incurred in fiscal year 2003; provided, that the secretary of administration and finance shall charge the division of employment and training and other departments, authorities, agencies and divisions, which have federal or other funds allocated to them for this purpose, for that portion of insurance premiums and plan costs as the secretary determines should be borne by such funds, and shall notify the comptroller of the amounts to be transferred, after similar determination, from the several state or other funds and amounts received in payment of all such charges or such transfers shall be credited to the General Fund; provided further, that prior year costs incurred by the state indemnity health insurance plan and the preferred provider organization shall be funded from this item; provided further, that the group insurance commission shall report quarterly to the house and senate committees on ways and means the amounts expended from this item for said prior year costs; provided further, that the group insurance commission shall obtain reimbursement for premium and administrative expenses from other agencies and authorities not funded by state appropriation; provided further, that the secretary of administration and finance may charge all agencies for the commonwealth’s share of the health insurance costs incurred on behalf of any employees of those agencies who are on leave of absence for a period of more than one year; provided further, that the amounts received in payment for such charges shall be credited to the general fund; provided further, that notwithstanding section 26 of chapter 29 of the General Laws, the commission may negotiate, purchase and execute contracts before July 1 of each year for policies of group insurance as authorized by chapter 32A of the General Laws; provided further, that notwithstanding chapter 150E of the General Laws and as provided in section 8 of said chapter 32A and for the purposes of section 14 of said chapter 32A, the commonwealth’s share of the group insurance premium for state employees who have retired before July 1, 1994 shall be 90 percent and the commonwealth’s share of the group insurance premium for state employees who have retired on or after July 1, 1994 shall be 85 percent; provided further, that the commission shall provide the number of retirees for whom the commonwealth pays said 85 percent to the house and senate committees on ways and means by February 1 of each year; provided further, that the commonwealth’s share of such premiums for active state employees shall be 85 percent of such premiums and rates; provided further, that notwithstanding chapter 150E of the General Laws, retirees of the Massachusetts Bay Transportation Authority and of regional transit authorities shall continue to pay the same percentage, if any, of the health insurance premium that they paid on June 1, 1994; provided further, that active employees of the Massachusetts Bay Transportation Authority and of regional transit authorities shall pay 15 percent of such premiums and rates; provided further, that the commission shall notify the house and senate committees on ways and means by March 15 of each year of the cost of the commonwealth’s projected share of group insurance premiums for the next fiscal year; and provided further, however, that the commission shall issue, at the request of the beneficiary, a separate identification number for enrollment and benefit pur-

poses instead of the social security number 744,063,652

1108-5500 For the costs, notwithstanding the provisions of chapter 32A of the General Laws to the contrary, of dental and vision benefits for those active employees of the commonwealth, not including employees of authorities and any other political subdivision, who are not otherwise provided such benefits pursuant to a separate appropriation or the provisions of a contract or collective bargaining agreement; provided, that such employees shall pay 15 percent of the monthly premium established by the

commission for such benefits 5,994,310”.

After remarks on the question on adoption of the amendment, the Speaker interrupted the pending business and placed before the House the question on suspension of Rule 1A in order that the House might continue to meet beyond the hour of nine o’clock P.M.

On the question to suspend Rule 1A, the sense of the House was taken by yeas and nays, as required under the provisions of said rule; and on the roll call 126 members voted in the affirmative and 27 in the negative.

[See Yea and Nay No. 333 in Supplement.]

Therefore Rule 1A was suspended.

After debate on the question on adoption of the amendment offered by Ms. Lewis of Dedham and other members of the House, the sense of the House was taken by yeas and nays, at the request of Mr. Kujawski of Webster; and on the roll call 142 members voted in the affirmative and 11 in the negative.

[See Yea and Nay No. 334 in Supplement.]

Therefore the amendment was adopted.

Mr. Rogers of Norwood and other members of the House moved that the bill be amended in section 2 by striking out item 0710-0200 and inserting in place the following item:

“0710-0200 For the operation of the bureau of special investigations; provided, that the director of the bureau shall report to the house and senate committees on ways and means no later than February 15, 2003 on the monthly investigator caseload, without disclosing names or other personal identifiers, for fiscal years 1995 to 2001, inclusive; provided further, that said report shall include the monthly average of the amounts recovered by the commonwealth through successful prosecution, settlement or other disposition of such cases investigated for fiscal years 1995 to 2002, inclusive; provided further, that said report shall separately delineate the caseload data for the front-end detection program so-called; and provided further, that said report shall state the most recent activity date for each open case assigned to each investigator as of the first business day of each fiscal quarter of fiscal years 2001 and 2002 for which such

information is available 1,300,000”;

In item 0950-0000 by striking out the figures “124,096” and inserting in place thereof the figures “145,000”;

By striking out item 1000-0001 and inserting in place thereof the following item:

“1000-0001 For the office of the state comptroller for the purpose and cost of compliance with the Single Audit Act of 1984, Public Law 89-502, and for the federally required comprehensive, statewide single audit of state operations for the fiscal year ending June 30, 2003 in accordance with generally accepted accounting principles; provided, that the office of the comptroller shall charge other items of appropriation for the cost of said audit from allocated federal funds transferred from federal reimbursement and grant receipts; provided further, that the office of the comptroller shall charge not more than a total of $725,000 to other items of appropriation for the cost of said audit; provided further, that notwithstanding any general or special law to the contrary, allocated federal funds transferred from federal reimbursement and grant receipts shall be credited to and expended from this item without further appropriation, in addition to state funds appropriated to this item, for the cost of compliance with the mandate of the federal law and the office of management and budget regulations; provided further, that the amount of any such federal funds and grant receipts so credited and expended from this item shall be reported to the house and senate committees on ways and means; provided further, that the comptroller shall maintain a special federal and nontax revenue unit which shall operate under policies and procedures developed in conjunction with the secretary of administration and finance; provided further, that the comptroller shall provide quarterly reports to the house and senate committees on ways and means which shall include for each state agency for which the commonwealth is billing, the eligible state services, the full year estimate of revenues and revenues collected; provided further, that notwithstanding the provisions of any general or special law to the contrary, except for sections 52 to 55 inclusive, of chapter 7 of the General Laws, the commissioner of administration shall in fiscal year 2003 identify and pursue projects to optimize non-tax revenue management and collections by the commonwealth according to the terms of section 333 of chapter 159 of the acts of 2000; provided further, that notwithstanding the provisions of any general or special law to the contrary, the comptroller shall deduct an amount of $1,000 from any item of appropriation in section 2 of this act in which a reporting requirement is stipulated within said item and which report is not filed within ten days of the stated due date; provided further, that any and all amounts deducted shall be deposited in the General Fund and said comptroller shall notify the house and senate committees on ways and means of any and all amounts so deducted; provided further, that notwithstanding the provisions of any general or special law to the contrary, the comptroller may enter into contracts with private vendors to identify and pursue cost avoidance opportunities for programs of the commonwealth and to enter into interdepartmental service agreements with state agencies, as applicable, for said purpose; provided further, that payments to private vendors on account of such cost avoidance projects shall be made only from such actual cost savings as have been certified in writing to the house and senate committees on ways and means by the comptroller and the budget director as attributable to such cost avoidance projects; provided further, that the comptroller may establish such procedures, in consultation with the budget director and the affected departments, as he deems appropriate and necessary to accomplish the purpose of this section; provided further, that nothing herein shall be construed to allow the comptroller or the budget director to establish any accounts without prior statutory approval; provided further, that the budget director shall report on a quarterly basis to the house and senate committees on ways and means the status of all cost avoidance projects which are undertaken pursuant to the provisions of this section; provided further, that the comptroller shall report on said projects as a part of his annual report pursuant to section 12 of chapter 7A of the General Laws; provided further, that notwithstanding any general or special law to the contrary the comptroller shall transfer the amount of $500,000,000 from the Stabilization Fund, established pursuant to section 2H of chapter 29 of the General Laws, to the General Fund; provided further, that notwithstanding any general or special law to the contrary, the comptroller shall transfer, without further appropriation, as of June 30, 2003, $36,952,082 from the General Fund to the Children’s and Seniors’ Health Care Assistance Fund, established by section 2FF of chapter 29 of the General Laws; provided further, that the comptroller shall transfer the amount of $30,000,000 from the General Fund to the Uncompensated Care Trust Fund, established pursuant to section 18 of chapter 118G of the General Laws, for the purpose of making initial gross payments to qualifying acute care hospitals for the hospital fiscal year beginning October 1, 2002; provided further, that the payments shall be made to hospitals prior to, and in anticipation of, the payment by hospitals of their gross liability to said fund; provided further, that the comptroller shall transfer from the fund to the General Fund not later than June 30, 2003 said $30,000,000 transfer authorized herein and any allocation thereof as certified by the commissioner of the division of health care finance and policy; provided further, that notwithstanding any general or special law to the contrary, the comptroller shall transfer the amount of $30,000,000 from the Medical Security Trust Fund, established pursuant to subsection (k) of section 14G of chapter 151A of the General Laws, to the Uncompensated Care Trust Fund, established pursuant to section 18 of chapter 118G of the General Laws for the purpose of making a one time adjustment to the private sector liability of purchasers and third party payers to the Uncompensated Care Trust Fund; provided further, that notwithstanding the provisions of subsection (c) of section 18 of chapter 118G of the General Laws or any other general or special law to the contrary, in fiscal year 2003, all expenditures for the insurance reimbursement program established pursuant to section 9C of chapter 118E of the General Laws shall be made from said Children’s and Seniors’ Health Care Assistance Fund and that federal funds received pursuant to such expenditures shall be deposited in said Children’s and Seniors’ Health Care Assistance Fund; and provided further, notwithstanding the provisions of any general or special law to the contrary, that the comptroller shall transfer $60,000,000 from the Tobacco Settlement Fund, established pursuant to section 2XX of chapter 29 of the General Laws, to the Uncompensated Care Trust Fund, established pursuant to chap-

ter 118G of the General Laws 8,349,777

General Fund 93.81%”;

Revenue Maximization

Fund 6.19%”;

By striking out item 1100-1100 and inserting in place thereof the following item:

“1100-1100 For the office of the secretary; provided, that the secretary shall conduct an ongoing review of affirmative action steps taken by the various agencies, boards, departments, commissions or divisions to determine whether such agencies, boards, departments, commissions or divisions are complying with the commonwealth’s policies of non-discrimination and equal opportunity; provided further, that whenever non-compliance is determined by the secretary, the secretary shall hold a public hearing on the matter and report his resulting recommendations to the head of the particular agency, board, department, commission or division, to the governor and to the massachusetts commission against discrimination; and provided further, that the secretary shall report on the status of each agency, board, department, commission or division receiving monies under this act, including supplemental and deficiency budgets, as to compliance or non-compliance with affirmative action policies to the chairs of the house and senate committees on ways and means, the joint committee on public service and the joint committee on commerce and labor on or before December 1, 2002; provided that a special commisson is hereby established to investigate and study the calculation of superannuation retirement allowances for members classified as Group 1 under chapter 32 of the General Laws; provided, that said investigation and study shall include, but not be limited to, an analysis of alternative calculations of said allowances, including comparison of member eligibility, vesting, portability, the contribution rate of members, other benefits and the effects on accrued liabilities and costs attributable to such alternative calculations; provided, that said commission shall consist of eleven members as follows: the house and senate chairmen of the joint committee on public service, who shall serve as co-chairs of the commission; the house and senate chairmen of the committees on ways and means, or their designees; the Governor or designee, the Secretary of Administration and Finance or designee, a representative of the Massachusetts Municipal Association, a representative of the Massachusetts Association of Contributory Retirement Systems; the chairmen of the State Teachers’ Retirement Board and the State Retirement Board, or their designees, the chairman of the Public Employee Retirement Administration Commission, or his designee; and provided further, that said commission shall report to the general court the results of its study together with its recommendations and draft of legislation necessary to carry such recommendations into effect by filing the same with the clerk of the house of representatives, the joint committee on public service and the house and senate committees on ways and

means on or before the December 31, 2003 1,410,584”;

In item 1102-3301 by striking out the figures “7,307,787” and inserting in place thereof the figures “7,657,787”;

By striking out item 1120-4005 and inserting in place thereof the following item:

“1120-4005 For the administration of the library; provided, that said library shall maintain regular hours of operation from 9:00 a.m. to 5:00 p.m.; provided further, that said library shall develop an internship program with any Massachusetts public or private college or university that offers, as of the effective date of this act, advanced studies

in library and information science 1,209,436”;

In item 1201-0100, in line 12, by inserting after the word “Pittsfield” the words “Fall River”;

By striking out item 1231-1000 and inserting in place thereof the following item:

“1231-1000 For the Commonwealth Sewer Rate Relief Fund established by section 2Z of chapter 29 of the General Laws; provided further, that notwithstanding said section 2Z of chapter 29 of the General Laws, the Massachusetts Water Resource Authority may expend funds for reimbursement for the Chicopee Valley Aqueduct

Redundancy Project 55,500,000”;

By striking out item 1790-0100 and inserting in place thereof the following item:

“1790-0100 For the operation of the information technology division; provided, that said division shall continue a chargeback system for its bureau of computer services which complies with the requirements of section 2B; provided further, that said division shall continue conducting audits and surveys to identify and realize savings in the acquisition and maintenance of communications lines; provided further, that the commissioner shall file an annual status report with the house and senate committees on ways and means by May 15, 2003 with actual and projected savings and expenditures for said audits in the fiscal year ending June 30, 2003; provided further, that the state comptroller shall establish accounts and procedures as he deems appropriate and necessary to assist in accomplishing the purposes of this item; provided further, that any planned information technology development project or purchase by any agency under the authority of the governor for which the total projected cost exceeds $200,000 including the cost of any related hardware, software, or consulting fees, and regardless of fiscal year or source of funds, shall be reviewed and approved by the chief information officer before such agency may obligate funds for such project or purchase; and provided further, that the chief information officer may establish such rules and procedures as he deems necessary to

implement the provisions of this paragraph 7,898,224”;

By striking out item 1790-0107 and inserting in place thereof the following item:

“1790-0107 For the operation of the commonwealth’s human resources and compensation management

system, so-called 4,433,292;

and

By striking out item 1790-0600 and inserting in place thereof the following item:

“1790-0600 For the operation of the commonwealth’s data

warehouse 822,380”.

The amendments were adopted.

Messrs. Fresolo of Worcester, Kujawski of Webster and Flynn of Bridgewater then moved that, when the House recess today, it do so in memory of Vincent C. Shea, a member of the House from Worcester from 1965 to 1978, inclusive, and the motion prevailed.

Accordingly, at twenty-seven minutes before ten o’clock P.M. (Monday, May 13), on motion of Mr. Flynn (the Speaker being in the Chair), the House recessed until the hour of ten o’clock A.M. on Tuesday, May 14.

Tuesday, May 14, 2002 (at 10:00 o’clock A.M.) 

Prayer was offered by the Reverend Robert F. Quinn, C.S.P., Chaplain of the House, as follows:

Gracious God, through this morning’s prayer, we verbalize our gratitude to You for creating us in Your likeness, endowing us with an intellect and a will to make responsible decisions and by giving us an eternal destiny. In Your kindness, help us to achieve the purpose and destiny for which we have been made by You. Teach us also to see Your likeness and those same gifts in all other people whom we meet each day, for we are all members of the one human family. Grant us the wisdom and the vision to unite people in defining prioirities and proposing goals which strengthen our communities, institutions and our families. In our diverse and multicultural society assist our efforts to remove from the hearts and minds of people all varieties of prejudice and distortions towards other’s political, religious and ethical principles.

Grant Your blessings to the Speaker, the members and employees of this House and their families. Amen.

At the request of the Speaker, the members, guests and employees joined with him in reciting the pledge of allegaince to the flag.

Statement of Representative Miceli of Wilmington.

A statement of Mr. Miceli of Wilmington 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 of today’s sitting due to my attendance at the funeral of a personal friend. Any roll calls that I may have missed today is due entirely to the reason stated.

Statement of Representative Reinstein of Revere.

A statement of Representative Reinstein of Revere 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 Representatives Atsalis of Barnstable, Ayers of Quincy, Fox of Boston, Scaccia of Boston, Spilka of Ashland, Teahan of Whitman and I were unable to be present in the House Chamber for a portion of today’s sitting due to official business in another part of the State House. Any roll calls that we missed today is due entirely to the reason stated.

Guest of the House.

During the session, the Chair (Mr. Binienda of Worcester) declared a recess subject to the call of the Chair, there being no objection; and introduced Abbie Lynne Rabine. Ms. Rabine was named Miss Massachusetts 2001 at the Miss Massachusetts Scholarship Pageant in Fall River on June 10, 2001 and was the First Runner-up to Miss America 2002. Abbie, a twenty-two year old senior at Gordon College in Wenham, studying music education, was the guest of Representative Hill of Ipswich.

Resolutions.

The following resolutions (filed with the Clerk) were referred, under Rule 85, to the committee on Rules:

Resolutions (filed by Mrs. Creedon of Brockton) congratulating Adam Paicos on receiving the Eagle Award of the Boy Scouts of America;

Resolutions (filed by Mrs. Creedon of Brockton) congratulating Alexander Richman on receiving the Eagle Award of the Boy Scouts of America;

Resolutions (filed by Mr. Golden of Lowell) congratulating Alfred J. Shaughnessy on the occasion of his 100th birthday;

Resolutions (filed by Mrs. Haddad of Somerset) congratulating Daniela Fairchild on receiving the Gold Award of the Girl Scouts of America;

Resolutions (filed by Mrs. Haddad of Somerset) congratulating Paul Miguel on the occasion of his retirement;

Resolutions (filed by Representatives Haddad of Somerset and Quinn of Dartmouth) congratulating Jessica Roberts on receiving the Gold Award of the Girl Scouts of America;

Resolutions (filed by Representatives Kafka of Sharon and Story of Amherst) congratulating Maynard Hinden;

Resolutions (filed by Mrs. Provost of Sandwich) congratulating Ryan Fitzpatrick on receiving the Eagle Award of the Boy Scouts of America; and

Resolutions (filed by Mrs. Walrath of Stow) congratulating the town of Lancaster on its 350th anniversary;

Mr. DiMasi of Boston, 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 Mrs. Haddad, the resolutions (reported by the committee on Bills in the Third Reading to be correctly drawn) were considered forthwith; and they were adopted.

Engrossed Bill.

The engrossed Bill authorizing the town of Hingham to establish a retiree healthcare liability trust fund (see House, No. 4183) (which originated in the House), having been certified by the Clerk to be rightly and truly prepared for final passage, was passed to be enacted; and it was signed by the acting Speaker and sent to the Senate.

Orders of the Day.

The House Bill making appropriations for the fiscal year 2003 for the maintenance of the departments, boards, commissions, institu- tions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (House, No. 5100, amended) was considered.

Pending the question on passing the bill as amended, to be engrossed, Mr. Jones of North Reading asked for a count of the House to ascertain if a quorum was present. The Speaker, 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 116 members were recorded as being in attendance.

[See Yea and Nay No. 335 in Supplement.]

Therefore a quorum was present.

After remarks on the question on passing the bill, as amended, to be engrossed, Mr. Marini of Hanson and other members of the House moved that the bill be amended by adding at the end thereof the following section:

“SECT1ON 150. Said subsection (i) of said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out the last sentence of the first paragraph and inserting in place thereof the following sentences:— The fee for such application shall be $25, which fee shall be payable to the licensing authority and shall not be prorated or refunded in case of revocation or denial. The licensing authority shall retain one-half of such fee and the remaining portion shall be deposited into the Firearms Record Keeping Fund established under section 2SS of chapter 29 on a quarterly basis, notwithstanding any general or special law to the contrary; provided, however; that all such monies retained by the licensing authority under this subsection shall be deposited in a special municipal police technology fund and shall be expended without further appropriation to upgrade municipal police computer systems, to purchase municipal police technology equipment and information systems and to accomplish such other law enforcement purposes as the chief of police of such city or town deems appropriate, but such funds shall not be considered a source of revenue to meet the operating needs of such department. Interest earned upon such fund shall remain therewith and shall be used for the purpose of said fund without further appropriation.”.

After remarks the amendment was adopted.

Mr. Scaccia of Boston moved that the bill be amended by adding at the end thereof the following section:

“SECTION 151. Chapter 64H of the General Laws, as appearing in the 2001 Official Edition, is hereby amended by inserting after section 2 the following section:—

Section 2A. Any city or town which accepts the provisions of this section shall be authorized to impose a local excise tax, as provided in this chapter, upon the sale of meals, as defined in this chapter, of 1% of the total price thereof. The local excise tax imposed under the provisions of this section shall be paid by the vendor to the commissioner at the same time and in the same manner as the excise tax due the commonwealth. All sums received by the commissioner under this section as excise, penalties or forfeitures, interest, costs of suit and fines shall at least quarterly be distributed, credited and paid by the state treasurer upon certification of the commissioner to each city or town that has adopted the provisions of this section in proportion to the amount of such sums received from the sale of meals in each such city or town. This section shall only take effect in a city or town accepting the provisions of this section by a majority vote of the city council with the approval of the mayor, in the case of a city with a Plan A, Plan B, or Plan F charter; by a majority vote of the city council, in the case of a city with a Plan C, Plan D, or Plan E charter; by a majority vote of the annual town meeting or a special meeting called for this purpose, in the case of a municipality with a town meeting form of government; or by a majority vote of the town council, in the case of a municipality with a town council form of government. The provisions of this section shall take effect on the first day of the first calendar month following such acceptance; provided, however, that such day is at least fifteen days after such acceptance; and, provided further, that if such day is less than fifteen days after such acceptance it shall take effect on the first day of the second calendar month following such acceptance. The city or town, in accepting the provisions of this section, may not revoke or reimpose the local excise tax provided for in this section more often than once in any twelve-month period.”.

After debate on the question on adoption of the amendment (Mr. Petrolati of Ludlow being in the Chair) , the sense of the House was taken by yeas and nays, at the request of Mr. Marini of Hanson; and on the roll call 39 members voted in affirmative and 112 in the negative.

[See Yea and Nay No. 336 in Supplement.]

Therefore the amendment was rejected.

Pending the question on passing the bill, as amended, to be engrossed, Mr. Kaufman of Lexington asked for a count of the House to ascertain if a quorum was present. The Chair (Mr. Petrolati), 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 127 members were recorded as being in attendance.

[See Yea and Nay No. 337 in Supplement.]

Therefore a quorum was present.

Mrs. Paulsen of Belmont moved that the bill be amended by inserting after section 36 (as printed) the following section:

“Section 36A. Subsection (b) of section 21C of chapter 59 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding the following paragraph:—

In any city or town which accepts the provisions of this paragraph, the average amount of the previous 3 years of an overlay account established pursuant to section 25 shall not be included as total taxes assessed hereunder. Said overlay account may be increased by 2½ percent in each ensuing year without being included in total taxes assessed; provided however, any increase in excess of 2½ percent shall be so included;

Furthermore, subsection (f) of section 21C of chapter 59 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding the following paragraph:—

In any city or town which accepts the provisions of this paragraph, the average amount of the previous 3 years of an overlay account established pursuant to section 25 shall not be included as total taxes assessed hereunder. Said overlay account may be increased by 2½ percent in each ensuing year without being included in total taxes assessed; provided however, any increase in excess of 2½ percent shall be so included.”.

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. Marini of Hanson; and on the roll call 43 members voted in the affirmative and 108 in the negative.

[See Yea and Nay No. 338 in Supplement.]

Therefore the amendment was rejected.

Messrs. Larkin of Pittsfield, Hynes of Marshfield and Linsky of Natick, moved that the bill be amended by adding at the end thereof the following section:

“SECTION 151. Section 72 of Chapter 44 of the General Laws, as most recently amended by section 50 of chapter 127 of the acts of 1999, is hereby amended by striking the fifth sentence and inserting in place thereof the following sentence:— Notwithstanding the provision of any general or special law to the contrary, any funds received by a city, town or regional school district pursuant to the provision of this paragraph shall be considered unrestricted revenue of the city, town or regional school district; provided, that a city or town shall deposit in a separate account for expenditures by the school committee no less than 50 percent of any such amount; provided further, that no school committee shall receive a smaller percentage of such amount than it received during fiscal year 2002; provided further, that a school committee may make expenditures from said separate account for any lawful educational purpose without further appropriation; provided further, that any expenditure from said account on items qualifying as net school spending shall supplement, and substitute for, the net school spending requirement of the district; and provided further, that 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.”.

The amendment was adopted.

At twenty-seven minutes before one o’clock P.M. (Tuesday, May 14), the Speaker took the Chair and declared a recess until half past one o’clock; and at sixteen minutes before two o’clock the House was called to order.

Mr. Hill of Ipswich and other members of the House moved that the bill be amended by adding at the end thereof the following section:

“SECTION 152. Clause forty-first C of Section 5 of Chapter 59 is hereby amended by adding at the end thereof the following:—

(C) that a city, by vote of its council and approval of its mayor, or a town, by vote of town meeting, adjust the following factors contained in these provisions by:

1. reducing the requisite age of eligibility to any age 65 years or more.

2. increasing either of both of amounts contained in the first sentence, by not more than one hundred percent.

3. increasing the amounts contained in provision (B) whenever they appear in said clause from $13,000 to not more than $20,000 and from $15,000 dollars to not more than $30,000.

4. increasing the amounts contained in provision (C) whenever they appear in said clause from $28,000 dollars to not more than $40,000, from $30,000 to not more than $55,000.

and by further excluding from the determination of whole estate up to three dwelling units”.

The amendment was adopted.

Mrs. Harkins of Needham and other members of the House moved that the bill be amended by adding at the end thereof the following section:

“SECTION 153. There is hereby established a special commission to report on alternatives to using the property tax to fund public education. Said commission shall consist of the Speaker of the House of Representatives or a designee, the President of the Massachusetts Senate or a designee, the Chairman of the House Committee on Ways and Means or a designee, the Chairman of the Senate Committee on Ways and Means or a designee, the House and Senate Chairs of the Joint Committee on Education, Arts and Humanities, the House and Senate Chairs of the Joint Committee on Taxation, the Minority Leader of the House or a designee, the Minority Leader of the Senate or a designee, the Secretary of Administration and Finance, and one member appointed by the following organizations; the Department of Revenue, the Suburban Coalition, the Massachusetts Taxpayer’s Foundation, Associated Industries of Massachusetts, and the Taxpayer’s Equity Alliance of Massachusetts. Said commission shall be chaired by the House and Senate Chairs of the Joint Committee on Taxation. The scope of the commission’s inquiry shall include, but not be limited to: reviewing the current practice of using the property tax to fund education and seeking alternative sources of funding to provide a dedicated stream of revenue. The commission shall submit its report to the House and Senate Committee on Ways and Means, the Joint Committee on Education, Arts and Humanities, and the Joint Committee on Taxation not later than December 31, 2002 along with drafts of any legislation.”.

Mr. Casey of Winchester moved that the bill be amended by adding at the end thereof the following two sections:

“SECTION 154. Chapter 40 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out section 5B and inserting in place thereof the following section:—

Section 5B. For the purpose of creating one or more stabilization funds, cities, towns and districts may appropriate in any year an amount not exceeding, in the aggregate, 10 percent of the amount raised in the preceding fiscal year by taxation of real estate and tangible personal property or such larger amount as may be approved by the Emergency Finance Board established under section 47 of chapter 10. The aggregate amount in such funds at any time shall not exceed 10 percent of the equalized valuation of the city or town as defined in section one of chapter 44. Any interest shall be added to or become a part of such applicable funds.

The treasurer shall be the custodian of all such funds and may deposit the proceeds in national banks or invest the proceeds by deposit in savings banks, co-operative banks or trust companies organized under the laws of the commonwealth, or invest the same in such securities as are legal for the investment of funds of savings banks under the laws of the commonwealth or in federal savings and loans associations situated in the commonwealth.

At the time of creating any such fund the city, town or district shall specify, and at any later time may alter, the purpose or purposes of the fund, which may be for any lawful purpose, including without limitation an approved school project under chapter 70B or any other purpose for which the city, town or district may lawfully borrow money. Such specification and any such alteration of purpose, and any appropriation of funds into or out of any such fund, shall be approved by two-thirds vote, except as provided in paragraph (g) of section 21C of chapter 59 for a majority referendum vote. Subject to said 21C, in a town or district any such vote shall be taken at an annual or special town meeting, and in a city any such vote shall be taken by city council.

SECTION 155. Paragraph (g) of section 21C of chapter 59, as so appearing, is hereby amended by adding at the end thereof, after line 81, the following new paragraph:—

If a question as aforesaid shall provide for assessing taxes for the purpose of funding one or more stabilization funds established pursuant to section 5B of chapter 40, the assessors shall in each successive fiscal year assess property taxes for the same purpose in an amount equal to 102½ percent of the amount assessed in the next preceding year in which additional taxes were assessed for such purpose, but only if local appropriating authority votes by a two-thirds vote to appropriate such increased amount in such year for such purpose, provided that the voters of the city or town, by majority vote at a referendum, may alter the purpose of the stabilization fund or authorize the assessment of such additional property taxes for another purpose. In any year in which the local appropriating authority does not vote to appropriate such amount as aforesaid, the total property tax levy for such year shall be reduced by the amount that could otherwise have been assessed, so that such additional taxes may not be assessed for any other purpose. The maximum levy limit under paragraph (f) shall not be affected by any such reduction in the levy for such year.”.

The amendment was adopted.

Messrs. Casey of Winchester and Sullivan of Braintree moved that the bill be amended by adding at the end thereof the following section:

“SECTION 156. Chapter 60A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after section 1 the following two sections:—

Section 1A. Notwithstanding the provisions of section 1 or any general or special law or rule or regulation to the contrary, in any city or town that accepts the provisions of this section, there shall be assessed and levied in each calendar year on every motor vehicle and trailer registered under chapter 90, for the privilege of such registration, an excise measured by the value thereof, as hereinafter defined and determined, at the rate of $30 per $1,000 of valuation. For the purpose of this excise the value of each such motor vehicle or trailer shall be deemed to be the value, as determined by the commissioner, of motor vehicles or trailers of the same make, type, model, and year of manufacture as designated by the manufacturer, but not in excess of the following percentages of the list price established by the manufacturer for the year of manufacture, namely:—

In the year preceding the designated

year of manufacture 50%

In the year of manufacture 90%

In the second year 60%

In the third year 40%

In the fourth year 25%

In the fifth and succeeding years 10%

A motor vehicle dealer to whom a general distinguishing number or mark has been issued shall, for the privilege of such registration, pay to the collector of taxes for the city or town in which such dealership is licensed, a special excise in the amount of $125.00 for each registration plate issued by the registrar of motor vehicles under such general distinguishing number or mark. Such motor vehicle dealer shall otherwise be exempt from the excise imposed by this section on any motor vehicle owned by such motor vehicle dealer, which vehicle may be operated by such dealer, the spouse of such dealer, a co-owner of such dealer or dealership entity, the spouse of such co-owner or an employee of such dealer whose duties involve the sale of motor vehicles at any time for any purpose, including personal use, provided that such employee renders at least 20 hours of service each week to such dealer and provided that such co-owner holds at least 40 percent proprietary interest in such motor vehicle dealer or any such dealership entity; provided, however, that a motor vehicle which is operated under such general or distinguishing mark or number shall, at all times, display all notices and stickers required by applicable law to be eligible for sale.

The term ‘year of manufacture’, as used in this section, shall mean the year used by the manufacturer of the motor vehicle or trailer in connection with the designation by him or it of the model of such motor vehicle or trailer.

Nothing in this section shall be construed to prevent the board of assessors or the commissioner of revenue, as the case may be, from granting an abatement in any case in which the valuation aforesaid is in their or his opinion excessive.

The excise imposed by this section shall not apply to motor vehicles or trailers owned and registered by the commonwealth or any political subdivision thereof, or to motor vehicles or trailers owned and registered by a corporation whose personal property is exempt from taxation under clauses Third and Tenth of section 5 of chapter 59. Motor vehicles or trailers owned or controlled by a manufacturer, or farmer, to whom has been issued a general distinguishing number or mark under section 5 of chapter 90, and trailers owned or controlled by a dealer to whom there has been issued a general distinguishing number or mark, shall be exempt from the excise imposed by this section, upon application in writing filed with the assessors, if and so long as such motor vehicle or trailer is operated or propelled over the highways solely in connection with the business of the owner or controller as such manufacturer or farmer and in no way for his personal use or convenience or the personal use and convenience of his family or any other person; provided, that such application shall contain a statement subscribed under penalties of perjury by such owner or controller to the effect that such motor vehicle or trailer is and will be operated or propelled only in the manner aforesaid; and provided further, that if any such motor vehicle or trailer is operated or propelled otherwise than in the manner foresaid, there shall be assessed and levied on such motor vehicle or trailer the excise imposed by this chapter, and a penalty of $125, which excise and penalty shall be assessed by the assessors and collected by the collectors of taxes, nor shall such excise be abated by reason of any subsequent transfer of such motor vehicle or trailer. If no application for exemption is filed with the assessors as aforesaid, any motor vehicle or trailer owned or controlled by a manufacturer and operated or propelled under a general distinguishing number or mark issued to such manufacturer shall be subject to the excise imposed by this chapter, which excise shall be assessed by the assessors and collected by the collectors of taxes.

The excise imposed by this section shall not apply to motor vehicles leased for a full calendar year to a charitable organization when such vehicle is owned and registered by a lessor engaged in the business of leasing motor vehicles. In any city or town which accepts the provisions of this sentence, by a vote of the city council with the approval of the mayor, in a town, by a vote of the town meeting, and in a municipality having a town council form of government, by a vote of the town council. The excise tax imposed by this section shall not apply to a motor vehicle owned and registered by a former prisoner of war defined as any regularly appointed, enrolled, enlisted, or inducted member of the military forces of the United States who was captured, separated and incarcerated by an enemy of the United States during an armed conflict; provided, however, that the excise tax shall not apply to a motor vehicle owned and registered by the surviving spouse of a deceased former prisoner of war, until such time as the surviving spouse remarries or fails to renew such registration. As used herein, the term ‘charitable organization’ means an organization, other than a degree granting or diploma awarding educational institution, whose personal property is exempt from taxation under clause Third of section 5 of chapter 59.

The excise imposed by this section shall not apply to a motor vehicle owned and registered by a World War I, World War II, Korean or Vietnam veteran who according to the records of the United States Veterans Administration, by reason of service in the armed forces of the United States, has suffered loss, or permanent loss of use of, one or both feet, or loss, or permanent loss of use of, one or both hands; nor to a motor vehicle owned and registered by a World War I, World War II, Korean or Vietnam veteran who is receiving a statutory award from the Veterans Administration for the loss of sight of one eye or who according to the records of the United States Veterans Administration, by reason of service in the armed forces of the United States, has suffered permanent impairment of vision of both eyes of the following status: central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than 20 degrees in the better eye; nor to a motor vehicle owned and registered to any person who has suffered loss, or permanent loss of use of, both legs or both arms; nor to a motor vehicle owned and registered to any person who has suffered permanent impairment of vision of both eyes of the following status: central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than 20 degrees in the better eye. This exemption shall apply to not more than one motor vehicle owned and registered for the personal, non-commercial use of such veteran or person. After the assessors have allowed an exemption under this paragraph no further evidence of the existence of the facts required by this paragraph shall be required in any subsequent year in the city or town in which the exemption has been so allowed.

If a motor vehicle or trailer is originally registered after January 31 in any year, the excise under this section shall be that proportion of the excise for the full year which the number of months in said year following the month preceding that in which the motor vehicle or trailer is registered bears to 12; but no excise shall be assessed on the same motor vehicle or trailer more than once in any calendar year by reason of the renewal of the registration of such vehicle within the calendar year, unless its ownership is transferred by sale or otherwise and its registration surrendered or it is registered after a surrender or expiration of registration upon removal of its owner to another state and registration in such other state. If during any calendar year ownership of a motor vehicle or trailer subject to an excise under this section is transferred by sale or otherwise and the registration of such motor vehicle or trailer is surrendered, or if during any calendar year the owner of a motor vehicle or trailer subject to such an excise removes to another state and registers such motor vehicle or trailer in such other state and surrenders or does not renew his registration in this state, the excise under this section shall be reduced upon application by an abatement equal to that proportion of an excise under this section on such motor vehicle or trailer for the full calendar year which the number of months in said year remaining after the month in which such transfer by sale or otherwise or such surrender or expiration of registration occurs bears to 12; provided, however, that if in the month in which such transfer by sale or otherwise occurs, the person making such transfer registers another motor vehicle or trailer under chapter 90 and thereby becomes subject to an excise under this section on such other motor vehicle or trailer for such month, the excise under this section on the motor vehicle or trailer transferred shall be further reduced upon application as aforesaid by an abatement equal to one twelfth of a full calendar year’s excise under this section on the motor vehicle or trailer transferred. If before an excise imposed under this section is assessed, notice of transfer by sale or otherwise and surrender of registration or of surrender or expiration of registration as aforesaid is received by the official or officials authorized to make the assessment, the excise shall be assessed in the amount to which it would be reduced by abatement as aforesaid. The excise imposed by this section shall in no event be less than $10; no abatement under this section shall reduce any such excise to less than $10; no abatement shall be granted in an amount less than $10; and no refund shall be paid in an amount less than $10.

The excise imposed by this section shall not apply to the registration by an inhabitant of any state other than this commonwealth or by a partnership, voluntary association or corporation which does not have a principal place of business in this commonwealth, of any motor vehicle or trailer to be customarily kept in another state; provided, such motor vehicle or trailer is also registered in such other state during the period when registered in this commonwealth, and if such other state does not impose an excise, privilege or property tax or fee in lieu of or in addition to a registration fee, or does not impose a registration fee at a rate greater than that required for registration in this commonwealth, upon motor vehicles or trailers, as the case may be, customarily kept in this commonwealth and registered by an inhabitant of this commonwealth, or by a partnership, voluntary association or corporation having its principal place of business in this commonwealth. The commissioner shall determine what states do not impose such additional excise, privilege or property tax or fee, or registration fee or fee in lieu of such levies and his determination shall be final.

If a motor vehicle or trailer is stolen, the owner of such motor vehicle or trailer may apply for an abatement of excise, provided;

(1) The owner of the stolen vehicle or trailer has notified the local police authorities of the theft within forty-eight hours of discovery of the theft.

(2) The owner of the stolen motor vehicle or trailer has surrendered the certificate of registration of the stolen motor vehicle or trailer and has obtained a certificate, setting forth the facts, and signed by the registrar of motor vehicles or his authorized agent. Such surrender shall not be made sooner than thirty days subsequent to the date of the theft.

The excise may then be reduced by an abatement equal to that proportion of an excise under this section on such motor vehicle or trailer for the full calendar year which the number of months in said year remaining after the month in which such surrender of the certificate of registration occurs bears to 12; provided, however, that should the motor vehicle or trailer be subsequently recovered and registered in the same calendar year by the same owner an additional excise which shall be that proportion of the excise for the full year which the number of months in said year following the month preceding that in which the motor vehicle or trailer is registered bears to 12, shall be paid, notwithstanding any provisions of this section to the contrary. The commissioner or the assessors, as the case may be, may require that the owner of the stolen motor vehicle or trailer exhibit the certificate of surrender of registration and provide them with a written statement from the local police authorities certifying that such authorities were notified of the theft and that the stolen motor vehicle or trailer has not been recovered.

Whoever falsely reports the theft of a motor vehicle or trailer for the purposes of securing an abatement of excise shall forfeit a sum not larger than three times the excise due on the vehicle for the entire year, such sum to be recovered in a civil action brought by the city or town to which the excise was payable.

This section shall take effect upon its acceptance by any city or town. In those cities and towns that accept the provisions of this section, the provisions of sections 1 and 1B shall not be applicable.

Section 1B. Notwithstanding the provisions of section 1 or any general or special law or rule or regulation to the contrary, in any city or town that accepts the provisions of this section, there shall be assessed and levied in each calendar year on every motor vehicle and trailer registered under chapter 90, for the privilege of such registration, an excise measured by the value thereof, as hereinafter defined and determined, at the rate of $35 per $1,000 of valuation. For the purpose of this excise the value of each such motor vehicle or trailer shall be deemed to be the value, as determined by the commissioner, of motor vehicles or trailers of the same make, type, model, and year of manufacture as designated by the manufacturer, but not in excess of the following percentages of the list price established by the manufacturer for the year of manufacture, namely:—

In the year preceding the designated

year of manufacture 50%

In the year of manufacture 90%

In the second year 60%

In the third year 40%

In the fourth year 25%

In the fifth and succeeding years 10%

A motor vehicle dealer to whom a general distinguishing number or mark has been issued shall, for the privilege of such registration, pay to the collector of taxes for the city or town in which such dealership is licensed, a special excise in the amount of $150.00 for each registration plate issued by the registrar of motor vehicles under such general distinguishing number or mark. Such motor vehicle dealer shall otherwise exempt from the excise imposed by this section on any motor vehicle owned by such motor vehicle dealer, which vehicle may be operated by such dealer, the spouse of such dealer, a co-owner of such dealer or dealership entity, the spouse of such co-owner or an employee of such dealer whose duties involve the sale of motor vehicles at any time for any purpose, including personal use, provided that such employee renders at least 20 hours of service each week to such dealer and provided that such co-owner holds at least 40 percent proprietary interest in such motor vehicle dealer or any such dealership entity; provided, however, that a motor vehicle which is operated under such general or distinguishing mark or number shall, at all times, display all notices and stickers required by applicable law to be eligible for sale.

The term ‘year of manufacture’,a s used in this section, shall mean the year used by the manufacturer of the motor vehicle or trailer in connection with the designation by him or it of the model of such motor vehicle or trailer.

Nothing in this section shall be construed to prevent the board of assessors or the commissioner of revenue, as the case may be, from granting an abatement in any case in which the valuation aforesaid is in their or his opinion excessive.

The excise imposed by this section shall not apply to motor vehicles or trailers owned and registered by the commonwealth or any political subdivision thereof, or to motor vehicles or trailers owned and registered by a corporation whose personal property is exempt from taxation under clauses Third and Tenth of section 5 of chapter 59. Motor vehicles or trailers owned or controlled by a manufacturer, or farmer, to whom has been issued a general distinguishing number or mark under section 5 of chapter 90, and trailers owned or controlled by a dealer to whom there has been issued a general distinguishing number or mark, shall be exempt from the excise imposed by this section, upon application in writing filed with the assessors, if and so long as such motor vehicle or trailer is operated or propelled over the highways solely in connection with the business of the owner or controller as such manufacturer or farmer and in no way for his personal use or convenience or the personal use and convenience of his family or any other person; provided, that such application shall contain a statement subscribed under penalties of perjury by such owner or controller to the effect that such motor vehicle or trailer is and will be operated or propelled only in the manner aforesaid; and provided further, that if any such motor vehicle or trailer is operated or propelled otherwise than in the manner foresaid, there shall be assessed and levied on such motor vehicle or trailer the excise imposed by this chapter, and a penalty of $125, which excise and penalty shall be assessed by the assessors and collected by the collectors of taxes, nor shall such excise be abated by reason of any subsequent transfer of such motor vehicle or trailer. If no application, for exemption is filed with the assessors as aforesaid, any motor vehicle or trailer owned or controlled by a manufacturer and operated or propelled under a general distinguishing number or mark issued to such manufacturer shall be subject to the excise imposed by this chapter, which excise shall be assessed by the assessors and collected by the collectors of taxes.

The excise imposed by this section shall not apply to motor vehicles leased for a full calendar year to a charitable organization when such vehicle is owned and registered by a lessor engaged in the business of leasing motor vehicles. In any city or town which accepts the provisions of this sentence, by a vote of the city council with the approval of the mayor, in a town, by a vote of the town meeting, and in a municipality having a town council form of government, by a vote of the town council. The excise tax imposed by this section shall not apply to a motor vehicle owned and registered by a former prisoner of war defined as any regularly appointed, enrolled, enlisted, or inducted member of the military forces of the United States who was captured, separated and incarcerated by an enemy of the United States during an armed conflict; provided, however, that the excise tax shall not apply to a motor vehicle owned and registered by the surviving spouse of a deceased former prisoner of war, until such time as the surviving spouse remarries or fails to renew such registration. As used herein, the term ‘charitable organization’ means an organization, other than a degree granting or diploma awarding educational institution, whose personal property is exempt from taxation under clause Third of section 5 of chapter 59.

The excise imposed by this section shall not apply to a motor vehicle owned and registered by a World War I, World War II, Korean or Vietnam veteran who according to the records of the United States Veterans Administration, by reason of service in the armed forces of the United States, has suffered loss, or permanent loss of use of, one or both feet, or loss, or permanent loss of use of, one or both hands; nor to a motor vehicle owned and registered by a World War I, World War II, Korean or Vietnam veteran who is receiving a statutory award from the Veterans Administration for the loss of sight of one eye or who according to the records of the United States Veterans Administration, by reason of service in the armed forces of the United States, has suffered permanent impairment of vision of both eyes of the following status: central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than 20 degrees in the better eye; nor to a motor vehicle owned and registered to any person who has suffered loss, or permanent loss of use of, both legs or both arms; nor to a motor vehicle owned and registered to any person who has suffered permanent impairment of vision of both eyes of the following status: central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than 20 degrees in the better eye. This exemption shall apply to not more than one motor vehicle owned and registered for the personal, non-commercial use of such veteran or person. After the assessors have allowed an exemption under this paragraph no further evidence of the existence of the facts required by this paragraph shall be required in any subsequent year in the city or town in which the exemption has been so allowed.

If a motor vehicle or trailer is originally registered after January 31 in any year, the excise under this section shall be that proportion of the excise for the full year which the number of months in said year following the month preceding that in which the motor vehicle or trailer is registered bears to 12; but no excise shall be assessed on the same motor vehicle or trailer more than once in any calendar year by reason of the renewal of the registration of such vehicle within the calendar year, unless its ownership is transferred by sale or otherwise and its registration surrendered or it is registered after a surrender or expiration of registration upon removal of its owner to another state and registration in such other state. If during any calendar year ownership of a motor vehicle or trailer subject to an excise under this section is transferred by sale or otherwise and the registration of such motor vehicle or trailer is surrendered, or if during any calendar year the owner of a motor vehicle or trailer subject to such an excise removes to another state and registers such motor vehicle or trailer in such other state and surrenders or does not renew his registration in this state, the excise under this section shall be reduced upon application by an abatement equal to that proportion of an excise under this section on such motor vehicle or trailer for the full calendar year which the number of months in said year remaining after the month in which such transfer by sale or otherwise or such surrender or expiration of registration occurs bears to 12; provided, however, that if in the month in which such transfer by sale or otherwise occurs, the person making such transfer registers another motor vehicle or trailer under chapter 90 and thereby becomes subject to an excise under this section on such other motor vehicle or trailer for such month, the excise under this section on the motor vehicle or trailer transferred shall be further reduced upon application as aforesaid by an abatement equal to one twelfth of a full calendar year’s excise under this section on the motor vehicle or trailer transferred. If before an excise imposed under this section is assessed, notice of transfer by sale or otherwise and surrender of registration or of surrender or expiration of registration as aforesaid is received by the official or officials authorized to make the assessment, the excise shall be assessed in the amount to which it would be reduced by abatement as aforesaid. The excise imposed by this section shall in no event be less than $15; no abatement under this section shall reduce any such excise to less than $15; no abatement shall be granted in an amount less than $15; and no refund shall be paid in an amount less than $15.

The excise imposed by this section shall not apply to the registration by an inhabitant of any state other than this commonwealth or by a partnership, voluntary association or corporation which does not have a principal place of business in this commonwealth, of any motor vehicle or trailer to be customarily kept in another state; provided, such motor vehicle or trailer is also registered in such other state during the period when registered in this commonwealth, and if such other state does not impose an excise, privilege or property tax or fee in lieu of or in addition to a registration fee, or does not impose a registration fee at a rate greater than that required for registration in this commonwealth, upon motor vehicles or trailers, as the case may be, customarily kept in this commonwealth and registered by an inhabitant of this commonwealth, or by a partnership, voluntary association or corporation having its principal place of business in this commonwealth. The commissioner shall determine what states do not impose such additional excise, privilege or property tax or fee, or registration fee or fee in lieu of such levies and his determination shall be final.

If a motor vehicle or trailer is stolen, the owner of such motor vehicle or trailer may apply for an abatement of excise, provided:

(1) The owner of the stolen vehicle or trailer has notified the local police authorities of the theft within forty-eight hours of discovery of the theft.

(2) The owner of the stolen motor vehicle or trailer has surrendered the certificate of registration of the stolen motor vehicle or trailer and has obtained a certificate, setting forth the facts, and signed by the registrar of motor vehicles or his authorized agent. Such surrender shall not be made sooner than thirty days subsequent to the date of the theft.

The excise may then be reduced by an abatement equal to that proportion of an excise under this section on such motor vehicle or trailer for the full calendar year which the number of months in said year remaining after the month in which such surrender of the certificate of registration occurs bears to 12; provided, however, that should the motor vehicle or trailer be subsequently recovered and registered in the same calendar year by the same owner an additional excise which shall be that proportion of the excise for the full year which the number of months in said year following the month preceding that in which the motor vehicle or trailer is registered bears to 12, shall be paid, notwithstanding any provisions of this section to the contrary. The commissioner or the assessors, as the case may be, may require that the owner of the stolen motor vehicle or trailer exhibit the certificate of surrender of registration and provide them with a written statement from the local police authorities certifying that such authorities were notified of the theft and that the stolen motor vehicle or trailer has not been recovered.

Whoever falsely reports the theft of a motor vehicle or trailer for the purposes of securing an abatement of excise shall forfeit a sum not larger than three times the excise due on the vehicle for the entire year, such sum to be recovered in a civil action brought by the city or town to which the excise was payable.

This section shall take effect upon its acceptance by any city or town. In those cities and towns that accept the provisions of this section, the provisions of sections 1 and 1A shall not be applicable.”.

Pending the question on adoption of the amendment, Mr. Peterson of Grafton asked for a count of the House to ascertain if a quorum was present. The Speaker, 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 (Mr. Binienda of Worcester being in the Chair) 147 members were recorded as being in attendance.

[See Yea and Nay No. 339 in Supplement.]

Therefore a quorum was present.

After debate on the question on adoption of the amendment, Messrs. Casey of Winchester and Sullivan of Braintree moved that the amendment offered by them be amended by striking out proposed section 156 and inserting in place thereof the following new section 156:—

“SECTION 156. Chapter 60A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after section 1 the following section:—

Section 1A. Notwithstanding the provisions of section 1 or any general or special law or rule or regulation to the contrary, in any city or town that accepts the provisions of this section, there shall be assessed and levied in each calendar year on every motor vehicle and trailer registered under chapter ninety, for the privilege of such registration, an excise measured by the value thereof, as hereinafter defined and determined, at the rate of $30 per $1,000 of valuation. For the purpose of this excise the value of each such motor vehicle or trailer shall be deemed to be the value, as determined by the commissioner, of motor vehicles or trailers of the same make, type, model, and year of manufacture as designated by the manufacturer, but not in excess of the following percentages of the list price established by the manufacturer for the year of manufacture, namely:—

In the year preceding the designated

year of manufacture 50%

In the year of manufacture 90%

In the second year 60%

In the third year 40%

In the fourth year 25%

In the fifth and succeeding years 10%

A motor vehicle dealer to whom a general distinguishing number or mark has been issued shall, for the privilege of such registration, pay to the collector of taxes for the city or town in which such dealership is licensed, a special excise in the amount of $100.00 for each registration plate issued by the registrar of motor vehicles under such general distinguishing number or mark. Such motor vehicle dealer shall otherwise be exempt from the excise imposed by this section on any motor vehicle owned by such motor vehicle dealer, which motor vehicle may be operated by such dealer, the spouse of such dealer, a co-owner of such dealer or dealership entity, the spouse of such co-owner or an employee of such dealer whose duties involve the sale of motor vehicles at any time for any purpose, including personal use, provided that such employee renders at least 20 hours of service each week to such dealer and provided that such co-owner holds at least 40 percent proprietary interest in such motor vehicle dealer or any such dealership entity; provided, however, that a motor vehicle which is operated under such general or distinguishing mark or number shall, at all times, display all notices and stickers required by applicable law to be eligible for sale.

The term ‘year of manufacture’, as used in this section, shall mean the year used by the manufacturer of the motor vehicle or trailer in connection with the designation by him or it of the model of such motor vehicle or trailer.

Nothing in this section shall be construed to prevent the board of assessors or the commissioner of revenue, as the case may be, from granting an abatement in any case in which the valuation aforesaid is in their or his opinion excessive.

The excise imposed by this section shall not apply to motor vehicles or trailers owned and registered by the commonwealth or any political subdivision thereof, or to motor vehicles or trailers owned and registered by a corporation whose personal property is exempt from taxation under clauses Third and Tenth of section five of chapter fifty-nine. Motor vehicles or trailers owned or controlled by a manufacturer, or farmer to whom has been issued a general distinguishing number or mark under section five of chapter ninety, and trailers owned or controlled by a dealer to whom there has been issued a general distinguishing number or mark, shall be exempt from the excise imposed by this section, upon application in writing filed with the assessors, if and so long as such motor vehicle or trailer is operated or propelled over the highways solely in connection with the business of the owner or controller as such manufacturer or farmer and in no way for his personal use or convenience or the personal use and convenience of his family or any other person; provided, that such application shall contain a statement subscribed under penalties of perjury by such owner or controller to the effect that such motor vehicle or trailer is and will be operated or propelled only in the manner aforesaid; and provided further, that if any such motor vehicle or trailer is operated or propelled otherwise than in the manner aforesaid, there shall be assessed and levied on such motor vehicle or trailer the excise imposed by this chapter, and a penalty of one hundred dollars, which excise and penalty shall be assessed by the assessors and collected by the collectors of taxes, nor shall such excise be abated by reason of any subsequent transfer of such motor vehicle or trailer. If no application for exemption is filed with the assessors as aforesaid, any motor vehicle or trailer owned or controlled by a manufacturer and operated or propelled under a general distinguishing number or mark issued to such manufacturer shall be subject to the excise imposed by this chapter, which excise shall be assessed by the assessors and collected by the collectors of taxes.

The excise imposed by this section shall not apply to motor vehicles leased for a full calendar year to a charitable organization when such vehicle is owned and registered by a lessor engaged in the business of leasing motor vehicles. In any city or town which accepts the provisions of this sentence, by a vote of the city council with the approval of the mayor, in a town, by a vote of the town meeting, and in a municipality having a town council form of government, by a vote of the town council. The excise tax imposed by this section shall not apply to a motor vehicle owned and registered by a former prisoner of war defined as any regularly appointed, enrolled, enlisted, or inducted member of the military forces of the United States who was captured, separated and incarcerated by an enemy of the United States during an armed conflict; provided, however, that the excise tax shall not apply to a motor vehicle owned and registered by the surviving spouse of a deceased former prisoner of war, until such time as the surviving spouse remarries or fails to renew such registration. As used herein, the term ‘charitable organization’ means an organization, other than a degree granting or diploma awarding educational institution, whose personal property is exempt from taxation under clause Third of section five of chapter fifty-nine.

The excise imposed by this section shall not apply to a motor vehicle owned and registered by a World War I, World War II, Korean or Vietnam veteran who according to the records of the United States Veterans Administration, by reason of service in the armed forces of the United States, has suffered loss, or permanent loss of use of, one or both feet, or loss, or permanent loss of use of, one or both hands; nor to a motor vehicle owned and registered by a World War I, World War II, Korean or Vietnam veteran who is receiving a statutory award from the Veterans Administration for the loss of sight of one eye or who according to the records of the United States Veterans Administration, by reason of service in the armed forces of the United States, has suffered permanent impairment of vision of both eyes of the following status: central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than twenty degrees in the better eye; nor to a motor vehicle owned and registered to any person who has suffered loss, or permanent loss of use of, both legs or both arms; nor to a motor vehicle owned and registered to any person who has suffered permanent impairment of vision of both eyes of the following status: central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than twenty degrees in the better eye. This exemption shall apply to not more than one motor vehicle owned and registered for the personal, non-commercial use of such veteran or person. After the assessors have allowed an exemption under this paragraph no further evidence of the existence of the facts required by this paragraph shall be required in any subsequent year in the city or town in which the exemption has been so allowed.

If a motor vehicle or trailer is originally registered after January thirty-first in any year, the excise under this section shall be that proportion of the excise for the full year which the number of months in said year following the month preceding that in which the motor vehicle or trailer is registered bears to twelve; but no excise shall be assessed on the same motor vehicle or trailer more than once in any calendar year by reason of the renewal of the registration of such vehicle within the calendar year, unless its ownership is transferred by sale or otherwise and its registration surrendered or it is registered after a surrender or expiration of registration upon removal of its owner to another state and registration in such other state. If during any calendar year ownership of a motor vehicle or trailer subject to an excise under this section is transferred by sale or otherwise and the registration of such motor vehicle or trailer is surrendered, or if during any calendar year the owner of a motor vehicle or trailer subject to such an excise removes to another state and registers such motor vehicle or trailer in such other state and surrenders or does not renew his registration in this state, the excise under this section shall be reduced upon application by an abatement equal to that proportion of an excise under this section on such motor vehicle or trailer for the full calendar year which the number of months in said year remaining after the month in which such transfer by sale or otherwise or such surrender or expiration of registration occurs bears to twelve; provided, however, that if in the month in which such transfer by sale or otherwise occurs, the person making such transfer registers another motor vehicle or trailer under chapter ninety and thereby becomes subject to an excise under this section on such other motor vehicle or trailer for such month, the excise under this section on the motor vehicle or trailer transferred shall be further reduced upon application as aforesaid by an abatement equal to one twelfth of a full calendar year’s excise under this section on the motor vehicle or trailer transferred. If before an excise imposed under this section is assessed, notice of transfer by sale or otherwise and surrender of registration or of surrender or expiration of registration as aforesaid is received by the official or officials authorized to make the assessment, the excise shall be assessed in the amount to which it would be reduced by abatement as aforesaid. The excise imposed by this section shall in no event be less than five dollars; no abatement under this section shall reduce any such excise to less than five dollars; no abatement shall be granted in an amount less than five dollars; and no refund shall be paid in an amount less than five dollars.

The excise imposed by this section shall not apply to the registration by an inhabitant of any state other than this commonwealth or by a partnership, voluntary association or corporation which does not have a principal place of business in this commonwealth, of any motor vehicle or trailer to be customarily kept in another state; provided, such motor vehicle or trailer is also registered in such other state during the period when registered in this commonwealth, and if such other state does not impose an excise, privilege or property tax or fee in lieu of or in addition to a registration fee, or does not impose a registration fee at a rate greater than that required for registration in this commonwealth, upon motor vehicles or trailers, as the case may be, customarily kept in this commonwealth and registered by an inhabitant of this commonwealth, or by a partnership, voluntary association or corporation having its principal place of business in this commonwealth. The commissioner shall determine what states do not impose such additional excise, privilege or property tax or fee, or registration fee or fee in lieu of such levies and his determination shall be final.

If a motor vehicle or trailer is stolen, the owner of such motor vehicle or trailer may apply for an abatement of excise, provided:

(1) The owner of the stolen vehicle or trailer has notified the local police authorities of the theft within forty-eight hours of discovery of the theft.

(2) The owner of the stolen motor vehicle or trailer has surrendered the certificate of registration of the stolen motor vehicle or trailer and has obtained a certificate, setting forth the facts, and signed by the registrar of motor vehicles or his authorized agent. Such surrender shall not be made sooner than thirty days subsequent to the date of the theft.

The excise may then be reduced by an abatement equal to that proportion of an excise under this section on such motor vehicle or trailer for the full calendar year which the number of months in said year remaining after the month in which such surrender of the certificate of registration occurs bears to twelve; provided, however, that should the motor vehicle or trailer be subsequently recovered and registered in the same calendar year by the same owner an additional excise which shall be that proportion of the excise for the full year which the number of months in said year following the month preceding that in which the motor vehicle or trailer is registered bears to twelve, shall be paid, notwithstanding any provisions of this section to the contrary. The commissioner or the assessors, as the case may be, may require that the owner of the stolen motor vehicle or trailer exhibit the certificate of surrender of registration and provide them with a written statement from the local police authorities certifying that such authorities were notified of the theft and that the stolen motor vehicle or trailer has not been recovered.

Whoever falsely reports the theft of a motor vehicle or trailer for the purposes of securing an abatement of excise shall forfeit a sum not larger than three times the excise due on the vehicle for the entire year, such sum to be recovered in a civil action brought by the city or town to which the excise was payable.

This section shall take effect upon its acceptance by any city or town. In those cities and towns that accept the provisions of this section, the provisions of section 1 shall not be applicable.”.

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. Sullivan of Braintree; and on the roll call 35 members voted in the affirmative and 119 in the negative.

[See Yea and Nay No. 340 in Supplement.]

Therefore the further amendment was rejected.

The amendment offered by Messrs. Casey of Winchester and Sullivan of Braintree then also was rejected.

Representatives Balser of Newton and Rogers of Norwood moved that the bill be amended by adding at the end thereof the following five sections:—

“SECTION 156. Subsection (g) of Section 21C of Chapter 59, as appearing in the 1992 Official Edition, is hereby amended by inserting at the end thereof the following paragraph:—

The local appropriating authority may vote to adopt the following exemption to the question:

For residential property whose owner is 65 years of age or older and who occupies said property as his principal residence and whose real estate tax payment exceeds ten per cent of the taxpayers total income, provided however, that the taxpayer’s total income together with the total income of taxpayer’s spouse shall not exceed $60,000. For the purposes of this paragraph ‘residence’ and ‘taxpayers total income’ shall have the same meaning as used in paragraph (k) of section six of Chapter 62.

Any person qualifying for the exemption shall apply for the same on or before July 1st of the fiscal year in question on a form provided by the assessors. In determining eligibility for an exemption the assessors shall review the income tax forms for the preceding year.

SECTION 157. Subsection (h) of said section, as so appearing, is hereby amended by adding the following paragraph:—

The local appropriating authority may vote to adopt the following exemption to the question:

For residential property whose owner is 65 years of age or older and who occupies said property as his principal residence and whose real estate tax payment exceeds ten per cent of the taxpayers total income; provided however, that the taxpayer’s total income together with the total income of taxpayer’s spouse shall not exceed $60,000. For the purposes of this paragraph ‘residence’ and ‘taxpayers total income’ shall have the same meaning as used in paragraph (k) of section six of Chapter 62.

Any person qualifying for the exemption shall apply for the same on or before July 1st of the fiscal year in question on a form provided by the assessors. In determining eligibility for an exemption the assessors shall review the income tax forms for the preceding year.

SECTION 158. Subsection (1½) of said section, as so appearing, is hereby amended by adding the following paragraph:—

The local appropriating authority may vote to adopt the following exemption to the question:

For residential property whose owner is 65 years of age or older and who occupies said property as his principal residence and whose real estate tax payment exceeds ten per cent of the taxpayers total income; provided however, that the taxpayer’s total income together with the total income of taxpayer’s spouse shall not exceed $60,000. For the purposes of this paragraph ‘residence’ and ‘taxpayers total income’ shall have the same meaning as used in paragraph (k) of section six of Chapter 62.

Any person qualifying for the exemption shall apply for the same on or before July 1st of the fiscal year in question on a form provided by the assessors. In determining eligibility for an exemption the assessors shall review the income tax forms for the preceding year.

SECTION 159. Subsection (j) of said section, as so appearing, is hereby amended by adding the following paragraph:—

The local appropriating authority may vote to adopt the following exemption to the question:

For residential property whose owner is 65 years of age or older and who occupies said property as his principal residence and whose real estate tax payment exceeds ten per cent of the taxpayers total income; provided however, that the taxpayer’s total income together with the total income of taxpayer’s spouse shall not exceed $60,000. For the purposes of this paragraph ‘residence’ and ‘taxpayers total income’ shall have the same meaning as used in paragraph (k) of section six of Chapter 62.

Any person qualifying for the exemption shall apply for the same on or before July 1st of the fiscal year in question on a form provided by the assessors. In determining eligibility for an exemption the assessors shall review the income tax forms for the preceding year.

SECTION 160. Subsection (k) of said section, as so appearing, is hereby amended by adding the following paragraph:—

The local appropriating authority may vote to adopt the following exemption to the question:

For residential property whose owner is 65 years of age or older and who occupies said property as his principal residence and whose real estate tax payment exceeds ten per cent of the taxpayers total income; provided however, that the taxpayer’s total income together with the total income of taxpayer’s spouse shall not exceed $60,000. For the purposes of this paragraph ‘residence’ and ‘taxpayers total income’ shall have the same meaning as used in paragraph (k) of section six of Chapter 62.

Any person qualifying for the exemption shall apply for the same on or before July 1st of the fiscal year in question on a form provided by the assessors. In determining eligibility for an exemption the assessors shall review the income tax forms for the preceding year.”.

The amendment was adopted.

Ms. Blumer of Framingham moved that the bill be amended by adding at the end thereof the following section:—

“SECTION 161. A Special Legislative Commission shall be established to investigate, evaluate the effects of and recommend changes to Section 21C of Chapter 59 of the General Laws.

Said Commission is to consist of thirteen members, including the House and Senate Chairs of the Joint Committee on Taxation, one representative of the Massachusetts Taxpayers Association, one member of the Massachusetts Municipal Association, one member of the Massachusetts Association of School Superintendents, one representative of Associated Industries of Massachusetts, one representative of the Council of AFL-CIO and one representative of the Massachusetts School Committees Association and five additional members, two chosen by the Speaker of the House, two chosen by the President of the Senate and one chosen by the Governor to provide balance and expertise to the Commission.

The commission shall study and investigate the impact of Section 21C of Chapter 59 on the cities and towns of the commonwealth and evaluate the adequacy of revenue sources available to the cities and towns to support educational and other municipal services. The Commission shall evaluate any inequities that may exist including the fiscal ramifications of public and private tax-exempt facilities located in those communities.

The Commission shall adopt such rules and establish such procedures, as it considers necessary for the conduct of its business. Before filing its recommendations, said commission shall hold public hearings for the purpose of accumulating public information regarding the issues to be included in the report. The Department of Revenue is hereby authorized and directed to assist the commission with any or all components of the study at the request of said commission. The commission may report from time to time and its final report the results of the investigation and study and recommendations together with drafts of legislation necessary to carry said recommendations into effect, by filing same with the clerks of the House of Representatives and Senate on or before the first Monday of December two thousand three.”.

After remarks the amendment was rejected.

Representatives Marzilli of Arlington and Paulsen of Belmont moved that the bill be amended by inserting after section 138 (as printed) the following section:—

“SECTION 138A. Chapter 60A of the 2000 edition of the Massachusetts General Laws is amended in section 1 in line 14 by striking ‘60%’ and inserting ‘80%’; in line 15 by striking ‘40%’ and inserting ‘70%’; in line 16 by striking ‘25%’ and inserting ‘60%’; in line 17 by striking ‘10%’ and the words ‘and succeeding years’ and inserting ‘50%’; and by adding the following:

‘In the sixth and succeeding years 0%’; provided, that the Registrar of Motor Vehicles shall provide to the House Committee on Ways and Means and to the Senate Committee on Ways and Means, no late than June 30, 2002, an estimate of the total amount of revenue generated by this section; and provided further that the Registrar shall provide to the Committees on Ways and Means an alternate schedule which generates an amount of revenue equal to the amount collected in fiscal year 2002.”.

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. Broadhurst of Methuen; and on the roll call 33 members voted in the affirmative and 115 in the negative.

[See Yea and Nay No. 341 in Supplement.]

Therefore the amendment was rejected.

Ms. Lewis of Dedham and other members of the House moved that the bill be amended in section 2.

In item 0339-1001, by striking out the figures “12,649,727” and inserting in place thereof the figures “13,315,523”,

In item 0339-1002, by striking out the figures “8,815,917” and inserting in place thereof the figures “9,795,463”,

In item 0339-1003 by striking out the figures “3,512,255” and inserting in place thereof the figures “3,902,505”,

In item 0339-1004 by striking out the figures “10,584,127” and inserting in place thereof the figures “11,760,240”,

In item 4200-0200 by striking out the figures “16,698,617” and inserting in place thereof the figures “16,998,617”,

In item 4200-0300 by striking out the figures “76,681,413” and inserting in place thereof the figures “77,301,413”,

By striking out item 8000-0000 and inserting in place thereof the following item:

“8000-0000 For the office of the secretary; provided, that notwithstanding any general or special law to the contrary, any adult person committed to a state or county correctional facility, as defined in section 1 of chapter 125 of the General Laws, found to have abused or misused county property will be responsible for restitution for damage, following a disciplinary action with a finding against the inmate; provided further, that documentation for cost of repair or replacement must be presented to the inmate and on file for review; provided further, that if a criminal charge is brought and sentencing is imposed, the sentence may not run concurrent and must be time imposed on and after the time being served; provided further, that notwithstanding any general or special law to the contrary, any adult person committed to a state or county correctional facility, as defined in said section 1 of said chapter 125, is found to be responsible for injury to a correctional employee which results in workers’ compensation payments or medical bills, will be responsible for the payment of such costs; provided further, that if criminal charges are filed and sentencing is imposed, the sentence may not run concurrent and must be served on and after the initial sentence; provided further, that notwithstanding any general or special law to the contrary, any adult person committed to a state or county correctional facility, as defined in said section 1 of said chapter 125, who receives a disciplinary report while in prison and requests a hearing must pay a five-dollar fee for the administrative costs of the hearing; provided further, that should the inmate be found innocent of the charges, there will be no fee charged against the inmate account; provided further, that notwithstanding any general or special law to the contrary, the secretary of public safety shall adopt policies and procedures establishing fees for haircuts that are provided to inmates at any state or county correctional facility; provided further, that said fee shall be deducted from the inmate’s account as provided for in section 48A of chapter 127 of the General Laws; provided further, that notwithstanding the foregoing provisions, a haircut shall not be denied if the inmate is incapable of paying for the haircut; provided further, that notwithstanding any general or special law to the contrary, any adult person committed to a state or county correctional facility as defined in said section 1 of said chapter 125, shall at the time of sentencing be interviewed by the department of probation for the purpose of determination of financial conditions and indigence; provided further, that the department of probation and the parole board are authorized and directed to promulgate regulations to create a standard form which shall reflect the assets and liabilities of the defendant, including all legal and beneficial interests in real property and personal, and any and all other holdings of legal or beneficial nature; provided that said defendant is not found indigent, the court shall order in the mittimus that the prisoner pay to the commonwealth the sum of $5 dollars per calendar day of incarceration to defray the costs of incarceration; provided further, that 30 days prior to the release of the prisoner, the commissioner of corrections or the sheriff of the facility in which the prisoner is incarcerated shall prepare an account of the amount owed to the state; provided further, that said account shall be served to the prisoner on the date of release; said sums shall be payable to the commonwealth upon release, but no later than 180 days after said release, and collections may be effectuated by: a) deduction from the canteen fund of said prisoner; b) deduction of no more than 25 percent of any monies earned by a prisoner through work-release employment, so-called; c) deduction of no more than 25 percent of the gross taxable earnings of the prisoner during the period following release that said prisoner is under parole; provided further, that the attorney general, department of revenue and/or sheriffs are authorized and directed to collect said sums, by civil process and/or all other provisions existing in law; and provided further, the provisions of this section shall not be applicable to prisoners determined to be terminally ill, pregnant, or otherwise hospitalized for more than 30 days successively during the

term of incarceration ... 1,125,003

Highway Fund 85.0%”;

General Fund 15.0%”;

By inserting after item 8000-0000 the following item:

“8000-0010 For community policing grants to be administered by the executive office of public safety; provided, that any community receiving earmarked funds in fiscal year 2002 shall receive 90% of that amount in fiscal year 2003; provided further, that $5,000,000 shall be provided for competitive grants; provided further that any community that was approved for a competitive grant in fiscal year 2002 and did not receive any funding shall take first priority in receiving consideration for competitive grants in fiscal year 2003; provided further, that prior to the awarding of any grants in fiscal year 2004 the Joint Committee on Public Safety and the House Committee on Post Audit and Oversight shall conduct an investigation and study into the distribution process for community policing grants; provided further, that the executive office of public safety, local police chiefs and police commissioners, and representatives from the appropriate police unions and police associations are consulted as part of said investigation and study; provided further, that the Joint Committee on Public Safety and the House Committee on Post Audit and Oversight issue a report with recommendations on an equitable distribution process by January 1, 2003; provided further, that the process for the awarding of community policing grants in fiscal year 2004 shall take into consideration said recommendations; provided further, that grant funds shall only be expended on items that are related to community policing activities, programs, purchases or construction; provided further, that grant funds shall not be expended on food and beverages, recruit training academy tuition, salaries and benefits for non-community policing personnel and payments for non-related overtime; provided further, that no such grants shall be awarded to the state police; and provided further, than not later than February 1, 2003 the executive office of public safety shall submit a report to the house and senate committees on ways and means detailing the amount of grants awarded to said grant recipients and

descriptions of said grants 20,235,596

Local Aid Fund 100.0%”;

By striking out item 8000-0040 and inserting in place thereof the following item:

“8000-0040 For police career incentives to reimburse certain cities and towns for career incentive salary increases for police officers; provided that the board of higher education and the executive office of public safety shall research and make recommendations on possible reform to the police career incentive pay program; provided further, that pending the recommendations of said report, no municipality shall be eligible to offer incentives from the state portion of this program until fiscal year 2005; provided further, that said report shall be submitted to the house and senate committees on ways and means no later than April 15, 2003; provided further, that to receive a career incentive bonus payment, police officers shall be certified by the board of higher education as having attained a degree in criminal justice or a degree in law from an educational institution accredited by New England Association of Schools and Colleges; provided further, that any such degree shall have been earned through a program approved by the board of higher education as meeting or exceeding academic standards established by said board based upon a thorough review of criminal justice degree granting programs and law degree granting programs; provided further, that under no circumstances, shall said board certify any program which grants credits for the following: life experience; courses taught by instructors lacking appropriate educational degrees as determined by said board; and courses lacking appropriate concentration on academic and scholarly research; provided further, that notwithstanding the provisions or any general or special law to the contrary, for the purposes of fulfilling the duties and obligations set forth in this section, said board of higher education shall have the authority to conduct periodic reviews of criminal justice or law degree programs offered by independent regionally accredited colleges and universities; provided further, that effective May 1, 2003 any new officer enrolled in classes to receive career incentive pay increases shall be subject to the new structured settings set

forth herein 41,474,697

Local Aid Fund 100.0%”;

By inserting after item 8000-0180 the following item:

“8000-0619 For the smoking prevention and cessation program established pursuant to chapter 254 of the acts of 1992 to be administered by the executive office of public safety; provided, that not less than $1,100,000 shall be provided for a discretionary grant program for city and town drug awareness and resistance education programs, to be known as D.A.R.E. programs, which shall include information about the health risks of cigarette smoking and shall include the participation of local and state police officers, subject to the supervision of the department of public health; and provided further, that not less than $1,100,000 shall be provided as a discretionary grant program for city and town student awareness of fire education programs, to be known as S.A.F.E programs, which shall include informa-

tion about the fire risks caused by smoking 2,200,000

Health Protection Fund 100.0%”;

By striking out item 8100-0000 and inserting in place thereof the following item:

“8100-0000 For the administration and operation of the department of state police; provided, that the department shall maintain the division of field services which shall include, but not be limited to, the bureau of metropolitan district operations; provided further, that not less than 40 officers shall be provided to the metropolitan district commission division of watershed management for the purpose of patrolling the watershed property of the commission; provided further, that funds shall be expended from this item for the administration and operation of the crime laboratory; provided further, that the colonel of state police shall maintain the satellite western Massachusetts crime laboratory located at the Massachusetts criminal justice training council; provided further, that said colonel shall provide one additional chemist who shall be situated at said crime laboratory located in the town of Agawam; provided further, that funds shall be expended from this item for the administration and operation of an automated fingerprint identification system and the motor carrier safety assistance program; provided further, that the department of the state police shall inform state police troopers of the requirements pursuant to section 20 of chapter 90 of the General Laws that a $30 surcharge shall be added to fines assessed against any persons convicted or found responsible of a violation of the provisions of section 17 of chapter 90 of the General Laws or a violation of a special regulation lawfully made under the authority of section 18 of said chapter 90 and that 100 per cent of said $30 surcharge be deposited into the Head Injury Trust Fund; provided further, that not less than five officers shall be provided to the disabled persons protection commission for the purpose of investigating cases of criminal abuse; provided further, that the department shall enter into an interagency agreement with the metropolitan district commission to provide police coverage on commission properties and parkways; provided further, that the department shall maintain a complement of not less than six explosives technicians; provided further, that the department shall train as many members of the state police as necessary to attain and maintain a complement of not less than nine members of the violent fugitive arrest squad; provided further, that the creation of a new or the expansion of the existing statewide communications network shall include the division of law enforcement within the department of fisheries, wildlife and environmental law enforcement at no cost to, or compensation from, said division; provided further, that not less than $15,000 shall be encumbered to reimburse the city of Springfield arson and bomb squad for training expenses incurred and services performed at the request of the department of state police; provided further, that the department shall provide a list of all officers providing traffic reports, so-called, to radio stations and any reimbursement amounts from radio stations to the house and senate committees on ways and means no later than January 1, 2003; and provided further, that the colonel shall appropriate resources to hire four additional chemists in the DNA crime lab and furthermore that said colonel shall expend no less than $1,482,000 for equipment to properly support anti-terror-

ism readiness by forensic services units 191,767,719

Highway Fund 88.20%”;

Local Aid Fund 9.50%”;

General Fund 2.30%”;

By inserting after item 8100-0020 the following item:

“8100-0301 For the payroll costs of the state police directed patrols; provided that $365,000 shall be expended for the Medford state police barracks entitled Zero Tolerance and Fire Risk Prevention to increase patrols and public safety using bicycles and other policing means within the Middlesex Fells Fellsmere Pond area and Mystic River Reservation district; provided further, that the station commanders who have been allocated funding under this item may utilize any special operations units necessary to further the public safety goals of their district; provided further, that this money shall not be used by the special operations marine unit of the State Police unless specifically authorized by the station commander who will denote the hours of need to coincide with the Zero Tolerance Program; provided further, that $12,700 shall be expended at the direction of the Bourne barracks for increased traffic detail on Cape Cod and in the town of Plymouth; provided further, that $45,360 shall be expended for the costs associated with providing state police patrols 3 nights per week in the city of Brockton, south between Montello street and Warren avenue and north to Battle street between Montello street and Warren avenue, or at other locations, and such patrols shall be assigned between the hours of 8:00 p.m. and 4:00 a.m. beginning July 1, 2001 for a period of 18 weeks, as deemed necessary; provided further, that $30,000 shall be expended for the costs associated with providing state police services at Breakheart Reservation; provided further, that $75,000 shall be expended for the costs of state police patrols along the Charles river esplanade and the Charlesgate area of the city of Boston; provided further, that $40,000 shall be expended for patrols along Revere beach, which shall be assigned between the hours of 10 p.m. and 4 a.m. nightly from July 1 through September 15 inclusive; provided further, that $49,860 shall be expended for the costs of state police patrols at Lynn Shore drive, Lynn beach, Kings beach, Nahant causeway, and Nahant beach; provided further, that $116,500 shall be expended for the costs associated with state police mounted patrols on Lynn beach, Kings beach, and Red Rock park, so-called; provided further, that $35,000 shall be expended for the costs associated with patrols of the Wollaston beach, Quincy Shore drive section of Quincy; provided further, that $355,550 shall be expended for the purposes of increased patrols during the months of April to October, inclusive, at Winthrop beach and Winthrop Shore drive in the town of Winthrop, Revere beach in the city of Revere and Constitutions beach and Belle Islands marsh in the East Boston section of the city of Boston; provided further, that not less than $282,310 shall be expended to provide motorcycle patrols along the southwest corridor, so-called; provided further, that $100,000 shall be expended for the plain clothes foot patrol and bike patrol of the Upper Reservation Basin area along the Charles river; provided further, that $45,000 shall be expended to provide patrols of Blue Hill and Stonybrook reservations and those parklands and roadways under the care and control of the metropolitan district commission patrolled by the state police in the Hyde Park, West Roxbury, Roslindale and Readville sections of the city of Boston and in the towns of Canton, Milton and Randolph; provided further, that $5,000 shall be expended to patrol the state-owned portion of Willard Street adjacent to the Shea rink in the city of Quincy and other property under the care, custody and control of the metropolitan district commission in the city of Quincy; provided further, that not less than $50,000 shall be expended to provide increased patrols during the months of April to October, inclusive, at Mary O’Malley park in the city of Chelsea; provided further, that not less than $130,000 shall be expended for the cost of state police patrols for the Neponset river bicycle path in the town of Milton and the Dorchester section of the city of Boston; provided further, that not less than $280,000 shall be expended for the costs of increased patrols during the months of June to September, inclusive, for Nantasket beach in the town of Hull; provided further, that not less than $15,000 shall be expended for the costs of increased patrols from November 1 to December 31 between the hours of 3:30 p.m. and 7:30 p.m. from the state route 24 south ramp to state route 140 in the city of Taunton; provided further, that $46,666 shall be expended for patrols of properties of the metropolitan district commission located along Day boulevard in the South Boston section of the city of Boston; provided further, that the patrols along Day boulevard shall be assigned between the hours of 8 p.m. and 4 a.m. nightly until November 1, 2001; provided further, that $40,000 shall be expended for patrols along state highway route 2 between the city of Fitchburg and the town of Greenfield; provided further, that $15,500 shall be expended for patrols along state highway route 88 in the town of Westport; provided further, that $18,500 shall be expended for patrols along state highway route 18 in the city of New Bedford; provided further, that the station commanders who have been allocated funding under this item may utilize any special operations units necessary to further the public safety goals of their districts; provided further, that notwithstanding the provisions of any general or special laws to the contrary, all funds appropriated herein shall be scheduled in the AA subsidiary, so-called; provided further, that $31,000 shall be expended for the purpose of assigning 1 State Trooper to Fort Revere in the town of Hull during the hours of peak nefarious activity of the summer months; provided further, that $20,000 shall be expended for the purpose of a state police patrol in the Willow street area, so-called, of Yarmouth; and provided further, that not less than $125,000 shall be expended for state police service at Salisbury Beach between Memorial Day, May 27, 2002 and Labor Day,

September 2, 2002 ........................................ 2,328,946

Local Aid Fund 100.0%”;

In item 8200-0200, in line 5, by inserting after the word “police” the following: “and administrative or command personnel by: a) a combination of training manuals, seminars, computer based training and distance learning; b) research, drafting and mailing of monthly articles and presentations on legal and administration topics; c) training presentations during and following monthly meetings of policy chiefs; d) e-mail, toll-free consultation to chiefs on administrative issues and follow-up on seminar topics; e) a state-wide three-day training conference on management, legal and leadership issues”;

By striking out item 8324-1000 and inserting in place thereof the following item:

“8324-1000 For the operation of the state fire marshal’s office; provided, that notwithstanding the provisions of any general or special law to the contrary, the amount appropriated herein shall be assessed upon insurance companies writing fire, homeowners multiple peril or commercial multiple peril policies on property situated in the commonwealth and paid within 30 days after receiving notice of said assessment from the commissioner of insurance; provided further, that not more than 10 per cent of the amount designated for said arson prevention program shall be expended for the administrative cost of the program; provided further, that the expenses of the board of fire prevention regulations, pursuant to section 4 of chapter 22D of the General Laws, shall be paid from this item; provided further, that the expenses of the fire safety commission shall be paid from this item; provided further, that the fire marshal shall establish a course for municipal fire personnel in blasting technologies and safety; provided further, that said fire marshal may establish fees to cover the cost of said course; and provided further, that not less than $100,000 be expended for the administration of a statewide program to provide for critical incident stress intervention for the fire departments of the cities, towns and fire districts for the commonwealth, including, but not limited to consultant services, training,

equipment and supplies 1,146,490”;

By striking out item 8324-1500 and inserting in place thereof the following item:

“8324-1500 For the fire training program utilizing the split days option, so called, including the Massachusetts fire training council certification program, municipal and non-municipal fire training, and expenses of the council; provided, that notwithstanding the provisions of any general or special law to the contrary, the estimated expenses of the administration of the academy, including the estimated expenses of training facilities and curriculum for firefighting personnel and training programs, shall not exceed $3,607,697 in fiscal year 2003; provided further, that the funds necessary to support this item shall be assessed upon insurance companies writing fire, homeowners multiple peril or commercial multiple peril policies on property situated in the commonwealth and paid within 30 days after receiving notice of said assessment from the commissioner of insurance; provided further, that not less than $100,000 shall be expended for the Tiered Training Program for Call and Volunteer Firefighters; provided further, that not less than $48,992 shall be available for the community-based fire prevention program in the Fall River area; and provided further, that not less than $42,500 shall be provided for the community based fire pre-

vention program in the City of Malden 3,607,697

Local Aid Fund 100.0%”;

By striking out item 8400-0001 and inserting in place thereof the following item:

“8400-0001 For the administration and operation of the registry of motor vehicles, including the title division and including all rent and related parking and utility expenses of said registry; provided, that the positions of administrative assistant to the registrar, legislative assistant, executive assistant to the registrar and the director of employee relations shall not be subject to civil service laws and rules; provided further, that all expenditures related to computer automation shall be subject to satisfactory quarterly reviews by the information technology division and pursuant to schedules by said division; provided further, that 40 per cent of the costs of personnel services associated with the registry computer, which reflects the proportionate use of the computer by the merit rating board, shall be assessed to insurance companies doing motor vehicle insurance business within the commonwealth, pursuant to section 183 of chapter 6 of the General Laws; provided further, that the registry of motor vehicles may print and distribute to the various police departments and agencies of the commonwealth speeding citation forms containing notice that a conviction or a finding of responsibility of a violation of section 17 of chapter 90 of the General Laws or a violation of any special regulation relative to the speed of motor vehicles will result in a $30 surcharge pursuant to section 20 of said chapter 90; provided further, that the registry shall establish and maintain a record of all vehicles leased within the commonwealth for a period longer than 30 days; provided further, that such record shall include, but not be limited to, the names and addresses of the lessor and the lessee; provided further, that the registry shall have an employee or other such person answering all initial incoming telephone calls at the customer phone information center between the hours of 9:00 a.m. and 5:00 p.m; provided further, that no funds appropriated herein may be used for the issuance and/or renewal of driver’s licenses which display the applicant’s social security number; provided further, that the registry shall operate an office in the city of Fall River; provided further, that the registry shall operate a branch office in the town of Falmouth; and provided further, that the registry shall operate a license express

office, so-called, in Walpole 50,005,001

Highway Fund 100.0%”;

In item 8700-0001 by striking out the figures “5,247,481” and inserting in place thereof the figures “5,597,481”;

By striking out item 8900-0001 and inserting in place thereof the following item:

“8900-0001 For the operation of the commonwealth’s correctional facilities; provided, that the department shall implement a statewide post conviction victim and witness advocacy program; provided further, that training and technical assistance shall be provided and the program shall be coordinated, monitored and evaluated; provided further, that the number of victim and witness advocate positions funded from this item in fiscal year 2003 shall be not less than the number funded from this item in fiscal year 2002; provided further, that before closing any correctional facility, the Commissioner of Corrections and the Secretary of Public Safety shall report to the House and Senate Committees on Ways and Means and Public Safety on the per-inmate cost of incarceration in the closing facility, and the per-inmate cost in the facilities to which inmates will be moved; provided further, that the Commissioner of Corrections and the Secretary of Public Safety shall report to the Committees on Ways and Means and Public Safety before January 1 of each year the point score compiled by the department’s objective classification system for all prisoners confined in each prison operated by the department and said report shall be for a particular date and shall not include prisoner’s names; provided further, that before January 31, 2003, the commissioner shall seek assistance from the National Institutes of Correction to perform a revalidation of the department’s classification system, with the goals of promoting safety of staff and inmates in the correction institutions, public safety after inmates’ release, and potential savings in state spending; provided further that said study shall be at no cost to the state; provided further, that said commissioner shall, with the approval of the Secretary of Public Safety, conduct a study in order to determine the feasibility of modifying and improving the facilities at MCI Lancaster for use as a regional

lockup facility within Worcester County 337,339,685”;

By striking out item 8900-0003 and inserting in place thereof the following item:

“8900-0003 For local relief to mitigate inordinate fiscal demands placed on local life, health and safety departments in cities and towns hosting a state correctional facility; provided, that each such city and town shall receive a percentage of the total funds appropriated in this item which shall be equal to the total state inmate population incarcerated within a state correctional facility located within such city or town; provided further, that all inmates incarcerated at the minimum security prison at Massachusetts correctional institution at Shirley and the medium security prison at Massachusetts correctional institution at Shirley shall be deemed to be incarcerated within a correctional facility located in the town of Shirley; provided further, that of the number of inmates incarcerated at Souza-Baranowski correctional center, 1/2 shall be deemed to be incarcerated within a correctional facility in the town of Shirley and 1/2 shall be deemed to be incarcerated within a correctional facility in the town of Lancaster; and provided further, that for the purpose of mitigation calculation, all distribution percentages shall be calculated according to the department of correction’s average daily inmate population

record for the prior fiscal year 997,000

Local Aid Fund 100.0%”;

In item 8900-0004 by striking out the figures “60,093,861” and inserting in place thereof the figures “63,693,861”;

By striking out item 8900-0015 and inserting in place thereof the following item:

“8900-0015 For correctional residential services; provided, that $40,000 shall be provided for Dismas House; provided further, that $150,000 shall be provided for the program Aid to Incarcerated

Mothers 590,000”;

By striking out item 8910-0000 and inserting in place thereof the following item:

“8910-0000 For a reserve to fund county correctional programs; provided that the sheriffs departments of Barnstable county, Bristol county, Dukes county, Nantucket county, Norfolk county, Plymouth county and Suffolk county shall take all administrative steps and any legislative steps necessary to effectuate state budgeting and expenditure processing of county correctional programs beginning January 1, 2003 to ensure that all county correction expenditures including payroll and the procurement of goods and services are made in compliance with the provisions of chapter 29 and section 22 of chapter 7 of the General Laws; provided further that all the aforementioned sheriffs departments shall take all administrative steps to ensure that all such expenditures are processed on the Massachusetts management accounting reporting system and human resources and compensation management system, so-called; provided further, that all banking and payments for county correctional programs shall be processed by the state treasurer beginning January 1, 2003; provided further, that the funds appropriated in this item shall be distributed among the counties by the county government finance review board upon prior notification to the house and senate committees on ways and means; provided further, that funds made available to Plymouth county can be expended for operating and debt service costs associated with state inmates housed in the Plymouth county facility, pursuant to the provisions of clauses 3 and 4 of the Memorandum of Agreement signed May 14, 1992; provided further, that Suffolk county may receive additional funding from the balance for county correction maintenance and operation expenses; provided further, that funds distributed from this item shall be paid to the treasurer of each county who shall place such funds in a separate account within the treasury of each such county; provided further, that the treasurer shall authorize temporary transfers into this account for operation and maintenance of jails and houses of correction in advance of receipt of the amount distributed by the commonwealth under this item; provided further, that upon receipt of the state distribution, the treasurer may transfer out of such account an amount equal to the funds so advanced; provided further, that all funds deposited in such accounts and any interest accruing thereto shall be used solely for the functions of the sheriffs’ departments of the various counties including, but not limited to, maintenance and operation of jails and houses of correction, without further appropriation; provided further, that the sheriff’s department of each county shall reimburse the county treasurer of each county for personnel-related expenses, with the exception of salaries, attributable to the operations of the sheriff’s department of each county heretofore paid by the county including, but not limited to, the cost of employee benefits; provided further, that the spending plans required by this item shall be developed by the county government finance review board, in consultation with the Massachusetts Sheriffs’ Association; provided further, that in accordance with section 247 of chapter 38 of the acts of 1995, all spending plans shall be detailed by subsidiary and object code in accordance with the expenditure classification requirements promulgated by the comptroller; provided further, that such spending plans shall be accompanied by a delineation of all personnel employed by each county correctional facility including, but not limited to, position, title, classification, rank, grade, salary and full-time or part-time status; provided further, that such spending plans shall be accompanied by a delineation of all vehicles leased, owned or operated by each county sheriff; provided further, that such delineation shall include vehicle make and model, year, mileage, condition, date purchased or leased and vehicle primary use; provided further, that no sheriff shall purchase any new vehicles or major equipment in fiscal year 2003 unless such purchase is made pursuant to a multicounty or regionalized collaborative procurement arrangement or unless such purchase is directly related to significant population increase or is otherwise necessary to address an immediate and unanticipated public safety crisis and is approved by the county government finance review board and the executive office of public safety; provided further, that notwithstanding the provisions contained in this item, sheriffs may purchase “marked” prisoner transportation vans, so-called, upon notification to the county government finance review board; provided further, that notwithstanding the provisions of any special law to the contrary, no county treasurer shall retain revenues derived by the sheriffs from commissions on telephone service provided to inmates or detainees; provided further, that said revenues shall be retained by the sheriffs not subject to further appropriation for use in a canteen fund, so called; provided further, that the county government finance review board and the executive office of public safety shall identify and develop county correction expenditures which shall be reduced through shared contracts, regionalized services, bulk purchasing and other centralized procurement savings programs; provided further, that documentation of such expenditures and savings shall be submitted to the house and senate committees on ways and means not later than December 30, 2002 and shall make provision for such system of shared contracts, regionalized services, bulk purchasing and other centralized procurement savings to take effect not later than June 30, 2003; provided further, that the daily count sheet for county facilities, so-called, compiled by the executive office of public safety, shall be filed with the Massachusetts Sheriffs’ Association not less than monthly; provided further, that all revenues including, but not limited to, revenue received from housing federal prisoners, United States Marshals, canteen revenues, inmate industries and work-crew revenues shall be tracked and reported quarterly to the house and senate committees on ways and means and the Massachusetts Sheriffs’ Association; provided further, that on or before August 15, 2002, each county sheriff shall submit a final spending plan for fiscal year 2003 to the county government finance review board and the house and senate committees on ways and means detailing the level of resources deemed necessary for the operation of each county correctional facility and the expenditures which shall be reduced to remain within the appropriation; provided further, that failure by a county sheriff to comply with any provision of this item shall result in a reduction of subsequent quarterly payments to amounts consistent with a rate of expenditure of 95 per cent of the rate of expenditure for fiscal year 2002, as determined by the county government finance review board; provided further, that each sheriff shall submit to the executive office of public safety and the house and senate committees on ways and means copies of such spending plans not later than August 15, 2002; provided further, that on or before September 15, 2002, the county government finance review board shall have approved final fiscal year 2003 county correction budgets; provided further, that the county government finance review board shall provide the executive office of public safety and the house and senate committees on ways and means with copies of such approved budgets not later than October 15, 2002; provided further, that such budgets shall include distribution schedules for the final two quarters of fiscal year 2003 and such plans shall be used to make all subsequent quarterly distributions; provided further, that services shall be provided to the extent determined to be possible within the amount appropriated in this item and each sheriff shall make all necessary adjustments to ensure that expenditures do not exceed the appropriation; provided further, that each county shall expend during fiscal year 2003, for the operation of county jails and houses of correction and other statutorily authorized facilities and functions of the office of the sheriff, in addition to the amount distributed from this item, not less than 102.5 per cent of the amount expended in fiscal year 2002 for such purposes from own-source revenues, which shall not be less than 5 per cent of total county revenues including, but not limited to, amounts levied pursuant to sections 30 and 31 of chapter 35 of the General Laws and amounts provided pursuant to sections 11 to 13, inclusive, of chapter 64D of the General Laws; provided further, that in fiscal year 2003, those counties which have not met maintenance of effort obligations in prior fiscal years shall expend not less than the minimum contribution, as defined above from own-source revenues; provided further, that notwithstanding the provisions stated in this item, the maintenance of effort obligations for Suffolk county shall be 5 per cent of the total fiscal year 2003 Suffolk county correction operating budget as approved by the county government finance review board; provided further, that notwithstanding the provisions of any general or special law to the contrary, the deputy commissioner of local services shall certify on or before May 15, 2003 that all municipalities have appropriated and transferred to their respective county treasuries, not less than 102.5 per cent of the municipality’s prior year obligations or minimum contributions as defined above, whichever is greater, for county corrections; provided further, that if a municipality fails to transfer such obligation, said deputy commissioner shall withhold an amount equal to the shortfall in the obligation due to the county from such municipality’s fourth quarter local aid ..cherry sheet” distribution, so-called, authorized from account 0611-5500 of section 2 and from funds made available from the State Lottery Fund distribution in section 3; provided further, that on or before August 1, 2002, said deputy commissioner shall report all such withholdings to the house and senate committees on ways and means; provided further, that in fiscal year 2003, notwithstanding the provisions of section 20A of chapter 59 of the General Laws, any county except Suffolk and Nantucket may increase its county tax for said fiscal year by an additional amount if the total amount of such additional county tax is approved by two-thirds of the cities and towns in the county, in towns by a majority vote of the town meeting or town council, and in cities by a majority vote of the city council or board of aldermen, with the approval of the mayor or manager; provided further, that each sheriff shall continue to report all expenditures on the Massachusetts management accounting reporting system, so-called, in accordance with the latest expenditure classification requirements promulgated by the comptroller pursuant to section 27 of chapter 29 of the General Laws; and provided further, that each sheriff funded from this item shall report on a monthly basis to the house and senate committees on ways and means on the average monthly inmate population in the county

starting not later than September 30, 2002 ................ 173,614,578

Local Aid Fund 100.0%”;

In item 8910-0102 by striking out the figures “47,844,706” and inserting in place thereof the figures “51,441,474”;

In item 8910-0105 by striking out the figures “33,429,738” and inserting in place thereof the figures “35,101,225”;

In item 8910-0107 by striking out the figures “45,129,871” and inserting in place thereof the figures “47,428,007”;

In item 8910-0108 by striking out the figures “5,702,454” and inserting in place thereof the figures “5,985,545”;

In item 8910-0110 by striking out the figures “9,876,313” and inserting in place thereof the figures “10,079,670”;

In item 8910-0145 by striking out the figures “10,829,250” and inserting in place thereof the figures “11,450,390”;

In item 8910-0619 by striking out the figures “36,624,636” and inserting in place thereof the figures “38,727,022”; and

In item 8950-0001 by striking out the figures “12,728,501” and inserting in place thereof the figures “13,728,501”.

After debate on the question on adoption of the amendments, the sense of the House was taken by yeas and nays, at the request of Mr. Toomey of Cambridge; and on the roll call 151 members voted in the affirmative and 6 in the negative.

[See Yea and Nay No. 342 in Supplement.]

Therefore the amendments were adopted.

Mr. Marini of Hanson and other members of the House moved that the bill be amended by adding at the end thereof the following section:

“SECTION 161. (a) Notwithstanding the provisions of any general or special law to the contrary, any school committee may vote to authorize the sale of advertising on school buses owned, operated, contracted or controlled by the school district.

(b) The school committee shall establish a governing board that will oversee the sale of advertising on school buses. The governing board shall establish a school bus advertisement fund comprised of revenues from the sale of advertising space on school buses. The monies in a school bus advertisement fund shall be kept separate from the General Fund, not subject to reversion, and may be used by the school committee for any lawful educational purposes.

(c) Advertisements must be age appropriate and not contain promotion of any substance that is illegal for minors such as alcohol, tobacco, drugs and gambling.

(d) Advertising approved by the local school board may appear only, (1) on the sides of the bus, (2) below the seat level rub rail and not above the bottom of the side windows; and (3) at least three inches from any required lettering, lamp, wheel well or reflector behind the service door or stop signal arm.

(e) Advertising approved by the local school board shall not, (1) extend from the body of the bus so as to allow a handhold or present a danger to pedestrians (2) interfere with the operation of any door or window; or (3) be placed on any emergency doors.

(f) Notwithstanding the provisions of any general or special law to the contrary the Massachusetts Tobacco Control Program upon approval by the local school committee is hereby directed to rent advertising space on the sides of publicly owned and operated school buses for the purposes of administrating an anti-smoking campaign within the school districts of the commonwealth. The program shall expend 10 percent of its operating budget on the advertising.

(g) No more than 25% of the exterior area of said bus shall contain advertising.”.

The amendment was adopted.

Subsequently (the Speaker being in the Chair), Ms. Jehlen of Somerville moved that this vote be reconsidered.

After debate on the question on the motion to reconsider, the sense of the House was taken by yeas and nays, at the request of Ms. Jehlen; and on the roll call 55 members voted in the affirmative and 95 in the negative.

[See Yea and Nay No. 343 in Supplement.]

Therefore the motion to reconsider was negatived.

Mr. Mariano of Quincy moved that the bill be amended by adding at the end thereof the following section:

“SECTION 162. Section 177 of chapter 175 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence: Whoever knowingly violates any provision of this section shall be punished by a fine of not less than fifty nor more than five hundred dollars.”.

The amendment was adopted.

Mr. Ciampa of Somerville moved that the bill be amended in section 19, in line 3, by striking out the following: “$75” and inserting in place thereof the following: “$85”; and the amendment was adopted.

Mr. Rogers of Norwood and other members of the House moved that the bill be amended in section 2 by striking out items 7010-0005 and 7010-0012 and inserting in place thereof the following two items:

“7010-0005 For the operation of the department of education; provided, that $100,000 shall be expended for the education reform review commission established pursuant to section 79 of chapter 71 of the acts of 1993; and provided further, that not less than $150,000 shall be expended for the

office of school readiness ......... 10,001,647

7010-0012 For grants to cities, towns, or regional school districts for payments of certain costs incurred under the program for the elimination of racial imbalance; provided, that grants to a city, town, or regional school district shall be limited to actual and specifically incurred documented incremental costs including those costs pursuant to chapter 71 of the General Laws as a direct consequence of participation in the program whenever the reimbursements requested by such city, town, or regional school district exceed the level of reimbursement received in fiscal year 1977; provided further, that the division of elementary, secondary, and occupational education shall, through a competitive procurement process, contract with qualified school transportation business enterprises; provided further, that in addition to the amounts expended for actual transportation costs and for administration of the program, amounts awarded to districts for participation in this program shall be calculated so that each district is receiving the same reimbursement rate per pupil; and provided further, that funds shall be made available for payment for services rendered by METCO, Inc. and Springfield public

schools 15,128,126

Local Aid Fund 100.0%”;

By striking out item 7027-0016 and inserting in place thereof the following item:

“7027-0016 For matching grants for various school-to-work programs; provided, that the board of education shall establish guidelines for said programs in consultation with the department of labor and workforce development; provided further, that any funds distributed from this item to cities, towns, or regional school districts shall be deposited with the treasurer of such city, town, or regional school district and held in a separate account and shall be expended by the school committee without further appropriation, notwithstanding the provisions of any general or special laws to the contrary; provided further, that each grant awarded herein shall be matched by the recipient from local, federal, or private funds; provided further, that the board of education may determine the percentage match required on an individual grant basis; provided further, that not less than $942,191 shall be made available for Jobs for Bay State Graduates, Inc., so-called, for the purpose of school to work activities; provided further, that not less than $42,975 shall be made available to the Blue Hills Regional Vocation School for the Blue Hills School to Careers Partnership to fund a teacher externship program and a student internship program; provided further, that not less than $80,000 shall be made available for Training Innovations, Inc. to develop a skill training center in the city of Cambridge to work directly with students enrolled in the Cambridge public schools and interested businesses; and provided further, that not less than $615,927 shall be made available for the state’s matching grant for the CSSquared program, so-

called, at the Commonwealth Corporation ................. 5,810,780

Local Aid Fund 100.0%”;

By striking out items 7030-1000, 7030-1002, 7030-1003 and 7030-1004 and inserting in place thereof the following four items:

“7030-1000 For grants to cities, towns, regional school districts, educational collaboratives, head start programs, and licensed day care providers for early care and education programs, pursuant to section 54 of chapter 15 of the General Laws; provided, that any payment made under any such grant with a school district shall be deposited with the treasurer of such city, town, or regional school district and held as a separate account and shall be expended by the school committee of such city, town, or regional school district without municipal appropriation, notwithstanding any general or special law to the contrary; provided further, that in any city or town in which there was only one lead agency in fiscal year 1995, such lead agency shall serve as lead agency to submit proposals pursuant to said section 54 of said chapter 15; provided further, that the amount by which the funds appropriated in this item exceed the amount appropriated in item 7030-1000 of chapter 60 of the acts of 1994 shall be used to provide services to the children of working parents; provided further, that in allocating the funds and evaluating grant applications, the board of education shall give priority consideration to three and four year old children in cities and towns where high concentrations of low income working families reside; provided further, that not less than one-third of the total slots funded by the amount by which the funds appropriated in this item exceed the amounts appropriated in said item 7030-1000 of said chapter 60 shall be for full-day, full-year care that meets the needs of working parents; provided further, that notwithstanding the provisions set forth herein or any general or special law to the contrary, funds may be allocated for services which shall be provided to three and four year old children formerly on the wait list maintained by the office for child care services; provided further, that the department of education shall ensure that community partnership lead agencies collaborate with the department of education and the office for child care services to provide services for said children; provided further, that notwithstanding said section 54 of said chapter 15 of the general laws school districts and head start agencies that served as lead agencies in fiscal year 2002 shall receive funds in fiscal year 2003 in proportion to the amount each received in fiscal year 2002; provided further, that funds shall be expended for Mass Family Networks; provided further, that funds may be expended for administrative costs; and provided further, that said children shall retain priority status for future services available through said office upon attaining the age of five, notwithstanding the receipt of services funded through

this item. 94,662,732

Local Aid Fund 82.0%

Transitional Aid to Needy

Families Fund 18.0%

7030-1002 For kindergarten development grants to provide ongoing grant awards to continue quality enhancement of existing full day kindergarten classrooms and to encourage the transition of half day classrooms into full day kindergarten classrooms; provided, that the office of school readiness shall administer a grant program to encourage the voluntary expansion of high quality, full day kindergarten education throughout the commonwealth; provided further, that grants of not more than $18,000 per classroom shall be made available to public schools for the enhancement of existing full day kindergarten classrooms and for the transition of existing half day kindergarten classrooms into full day kindergarten classrooms; provided further, that said grants shall be awarded pursuant to guidelines established by the department relative to the application and award process which shall include eligibility criteria, allowable grant expenditures and grant recipient obligations; provided further, that guidelines for transition grants shall require applicants for such grants to identify obstacles that impede the transition to full day kindergarten; provided further, that said guidelines shall require grant recipients to identify the anticipated date by which the implementation of quality enhancement or transition projects shall commence; provided further, that said guidelines shall detail the range of permissible grant expenditures which shall include, but not be limited to, the expenditure of funds for facility improvements or other expenses necessary to provide adequate space for the transition from half day kindergarten classrooms into full day kindergarten classrooms; provided further, that grants funded through this appropriation shall not annualize to more than $18,000 per classroom in subsequent fiscal years; provided further, that preference shall be given to grant applicants with high percentages of students scoring in levels one or two on the Massachusetts comprehensive assessment system exam, so-called, as determined by the department based on available data; provided further, that any grant funds distributed from this item shall be deposited with the treasurer of such city, town or regional school district and held in a separate account and shall be expended by the school committee of such city, town or regional school district without further appropriation, notwithstanding the provisions of any general or special law to the contrary; provided further, that such program shall supplement and shall not supplant currently funded local, state and federal programs at the school or district; provided further, that not later than January 15, 2003 said department shall report to the house and senate committees on ways and means on the total number of enhancement and transition grants requested and awarded; provided further, that said report shall detail common factors associated with both successful and unsuccessful applications and shall include the total number of full day and half day kindergarten classrooms projected to be in operation in Massachusetts public schools in fiscal year 2004; provided further, that funds appropriated herein for transition grant awards may be expended through August 31, 2003 for the purposes of transition projects scheduled for the school year beginning in September, 2003; and provided further, that the department may expend not more than $200,000 to administer

the grants program established herein 27,940,000

Local Aid Fund 100.0%

7030-1003 For early literacy programs and teacher training to promote research based school-wide literacy education and to promote literacy among children in grades K through three in the commonwealth; provided, that the office of school readiness shall administer said early literacy grant programs to improve the quality and effectiveness of literacy education in the commonwealth to the greatest extent possible, which shall include reading teacher grants and school-wide literacy education grants; provided further, that such school-wide literacy education programs shall provide for the evaluation and tracking of all students’ reading and writing skills annually for at least three years, shall include measurable goals and benchmarks, shall be lead by a school-based planning team which includes teaching faculty and the school principal, shall provide for the training of teachers in effective strategies for reading instruction and shall include a school-wide literacy coordinator who shall be a full-time teacher responsible for the coordination and training of other school staff; provided further, that such school-wide early literacy grants shall include funding for the salary of a full-time literacy coordinator and may be targeted for elementary schools with low cumulative grades three and four MCAS scores, so-called; provided further, that the department shall establish guidelines for said grant programs consistent with the federal Reading First Initiative, so-called; provided further that any grant funds distributed from this item shall be deposited with the treasurer of such city, town or regional school district and held in a separate account and shall be expended by the school committee of such city, town or regional school district, without further appropriation, notwithstanding the provisions of any general or special law to the contrary; provided further, that $385,000 shall be expended for JFY.net, so-called, a Jobs for Youth initiative for high technology, literacy and job skill instruction to youth and adults through advanced software and existing infrastructure capacity in schools and community agencies; provided further, that not less than $8,370,000 shall be expended for the BayState Readers Initiative, so-called, modeled on the research-based best practices of the Alabama Reading Initiative; provided further, that said initiative shall provide for the training of teachers in effective strategies for reading instruction and shall otherwise be consistent with the overall purpose of this item and with the Reading First Initiative, so-called; provided further, that in its evaluation of applications for said initiative, said office may take into consideration schools’ cumulative grade four MCAS scores; and provided further, that funds appropriated herein for said initiative may be expended through August 31, 2003; provided further, that not more than $500,000 shall be made available for matching grants to fund the Reach Out and Read program, so-called, to provide books to at-risk children in the commonwealth through book distribution programs established in community health centers, medical practices and hospitals for at-risk children; provided further, that the funds distributed through the Reach Out and Read program shall be contingent upon a match of not less than $1 in private or corporate contributions for every dollar in state funding distributed through said grant program; and provided further, that such program shall supplement currently funded local, state and federal programs at the school

or district 18,328,088

Local Aid Fund 100.0%

7030-1004 For grants for the home-based parenting and family literacy program known as the Parent-Child Home Program; provided, that the department of education shall distribute said funds to existing Parent-Child Home Program sites in the commonwealth and to establish replication sites in cities and towns where high concentrations of low income families reside; provided further, that for grants awarded to establish said replication sites, the department shall consider applications from school districts or social service agencies who demonstrate the capacity to replicate said home visiting program to serve area low income families; and provided further, that the preference for said grants shall be given to applicants who demonstrate a commitment to maximize federal and local funding for the

operation of said replication site 2,995,000

Local Aid Fund 100.0%”;

By striking out items 7030-1500, 7032-0500 and 7035-0002 and inserting in place thereof the following three items:

“7030-1500 For grants to head start programs 6,146,143

Local Aid Fund 1 00.0%

7032-0500 For grants to cities and towns and regional school districts for school-based comprehensive health education and human services in schools; provided, that any funds distributed from this item shall be deposited with the treasurer of such city, town, or regional school district and held in a separate account and shall be expended without further appropriation by the school committee; provided further, that not more than one per cent of the amount appropriated herein shall be expended for administrative costs; provided further, that $1,400,000 shall be expended on the school linked services program; provided further, that funds shall be expended for the development of a specific policy and discipline code to address teen dating violence in public schools; provided further, that the department of education shall develop a model policy which school districts may adopt; provided further, that said department shall provide technical and legal assistance and other guidelines to said school districts in developing written teen dating violence policies and procedures; provided further, that said school districts may convene teen dating violence prevention task forces comprised of staff, students and parents to provide awareness training and education for school communities; provided further, that not less than $33,750 shall be expended for the North Quabbin Domestic Violence Prevention Program; provided further, that the commissioner of education shall file a report on the distribution of all funds appropriated in this item with the joint committee on education and the house and senate committees on ways and means not later than December 15, 2002; provided further, that not more than $950,000 shall be expended for teen dating violence prevention and that not more than $450,000 of these same teen dating violence prevention funds shall be made available for contracts with community based victim service providers for intervention services for high-risk youth; provided further, that not less than $800,000 shall be expended for statewide suicide prevention outreach and violence prevention outreach to gay and lesbian youth; and provided further, that this allocation shall not

be used for sex education 10,000,000

Health Protection Fund 100.0%

7035-0002 For grants to provide and strengthen adult basic education services, including reading, writing and mathematics, to a diverse network of organizations which have demonstrated commitment and effectiveness in the provision of such services, and that are selected competitively by the department of education; provided, that such grants shall support the successful transition of students from other adult basic education programs to community college certificate and degree granting programs; provided further, that such grants shall be contingent upon satisfactory levels of performance as defined and determined by said department; provided further, that in no case shall grants be considered an entitlement to a grant recipient; provided further, that said department shall consult with the community colleges and other service providers in establishing and implementing content, performance and professional standards for adult basic education programs and services; and provided further, that not more than 7.5 percent of the funds appropriated

herein may be expended for non-grant purposes 28,107,237

Local Aid Fund 100.0%”;

By striking out item 7035-0006 and inserting in place thereof the following item:

7035-0006 For reimbursements to regional school districts for the transportation of pupils; provided, that notwithstanding any general or special law to the contrary, the commonwealth’s obligation shall not exceed the amount appropriated in this item; provided further, that the amount appropriated in this item shall constitute the full funding of this item, as determined by the department of education; provided further, that upon receipt by the department of education of required transportation cost reports from regional school districts, said department shall reimburse 50 per cent of the amount such districts received from this item in fiscal year 2001; and provided further, that said reports shall meet criteria established by the depart-

ment of education. 41,705,180

Local Aid Fund 100.0%”;

By inserting after item 7051-0015 the following two items:

“7052-0003 For school building assistance grants and reimbursements for projects to eliminate racial imbalance under the provisions of chapter 645 of the acts of 1948, chapter 70B of the general laws, and section 329 of chapter 159 of the acts of 2000 for first annual payments on school projects; provided, that the aggregate amount of first annual estimated payments for school projects approved by the board of education under the provisions of said chapters shall not exceed $7,043,760; and provided further, that a report shall be filed semi-annually by the board of education with the house and senate committees on ways and means regarding funding commitments pursuant to the provisions of this item,

prior appropriation continued 7,303,260

Local Aid Fund 100.0%

7052-0004 For school building assistance grants and reimbursements for cities and towns not subject to court-ordered or board of education racial imbalance plans under the provisions of chapter 645 of the acts 1948, chapter 70B of the General Laws, and section 329 of chapter 159 of the acts of 2000 for first annual payments on school projects; provided, that the aggregate amount of first annual estimated payments for school projects approved by the board of education under the provisions of said chapters, in the fiscal year ending June 30, 2002 shall not exceed $14,942,156; and provided further, that a report shall be filed semi-annually by the board of education with the house and senate committees on ways and means regarding funding commitments pursuant to the provi-

sions of this item, prior appropriation continued 12,948,960

Local Aid Fund 100.0%”;

By inserting after item 7053-1929 the following item:

“7053-1940 For a payment of $535,000 to the city of Northampton for costs incurred relative to the Clarke School, so-called; provided, that not less than $350,000 shall be allocated for a payment to the town of Framingham for the educational costs associated with the Learning Center, so-

called 885,000

Local Aid Fund 100.0%”;

By inserting after item 7061-0008 the following item:

“7061-0011 For a reserve to meet expenses associated with extraordinary circumstances and cost increases incurred by districts; provided, 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; and provided further, that no funds distributed from this item to a district shall be considered base aid nor used in the calculation of the minimum required local con-

tribution for fiscal year 2004 3,000,000

Local Aid Fund 100.0%”

By striking out item 7061-0012 and inserting in place thereof the following item:

“7061-0012 For the reimbursement of extraordinary special education costs pursuant to section 5A of chapter 71B of the General Laws as amended by this act; provided, that notwithstanding said section 5A or any other general or special law, rule or regulation to the contrary, the reimbursement rate for students who have no parent, or guardian living in the commonwealth, shall be 100 per cent of all said approved instructional costs that exceed 4 times the state average per pupil foundation budget; provided further, that not more than $8,750,000 shall be used to continue and expand voluntary residential placement prevention programs between the department of education and other departments within the executive office of health and human services that develop community-based support services for children and their families; provided further, that of this $8,750,000 not less than $7,500,000 shall be made available to the department of mental retardation for the voluntary residential placement prevention program administered by that department; provided further, that the amount expended for a particular student shall not exceed the amount of tuition funds allocated for the student at the time of transition into such community-based support services; provided further, that funding provided herein may reimburse private schools for prior fiscal year’s tuition; and provided further that not more than $500,000 shall be expended by the department of education to administer

this account 127,000,000

Local Aid Fund 100.0%”;

By striking out item 7061-9404 and inserting in place thereof the following item:

“7061-9404 For assistance and grants to cities, towns and regional school districts to develop or enhance academic support services for students scoring in level 1 or 2 on the Massachusetts Comprehensive Assessment System (MCAS) exam, so-called; provided, that preference shall be given to those districts with a high percentage of such students; provided further, that the department of education may give priority for such assistance and grants to schools and districts at risk of or determined to be under-performing in accordance with section 1J and 1K of chapter 69 of the General Laws; provided further, that the purpose of this program shall be to raise students’ academic achievement through services that may include but shall not be limited to: integrated tutoring and mentoring programs, supplemental web-based tutorial programs that are diagnostic and prescriptive extended school day and year, weekend and school vacation programs, summer programs, school-to-work connecting activities, so-called, creating work-site learning experiences for students as an extension of the classroom, professional development to improve teacher skills and knowledge, and alignment of local curriculum with state standards and assessment data; provided further, that such grants and assistance shall be primarily academic in focus; provided further, that such grants and assistance may incorporate appropriate cultural and recreational activities to encourage student participation and enhance academic performance; provided further, that cities and towns shall make every effort to coordinate the delivery of academic support services and out-of-school time programming in school and community-based locations so that students identified for academic support services do not jeopardize their participation in other out-of-school time programming; provided further, that any grant funds distributed from this item shall be deposited with the treasurer of such city, town or regional school district and held in a separate account and shall be expended by the school committee of such city, town or regional school district without further appropriation, notwithstanding any general or special law to the contrary; provided further, that such program shall supplement currently funded local, state and federal programs at the school or district; provided further, that in order to receive such resources, districts shall develop a comprehensive district plan to improve student performance which shall include accountability measures for assessing performance and results, a professional development program, a coordinated budget that demonstrates how all available local, state, federal, private and other funds shall be used to achieve the goals and activities in the plan and any other requirements determined by the department; provided further, that districts shall report on program activities, results and expenditures as required by the department; provided further, that none of the funds appropriated herein shall be spent for services provided by institutions of higher education through interagency agreements between the department of education and said institutions; provided further, that none of the funds from this appropriation shall be spent for the individual tutoring in reading program; provided further, that for the purposes of such program, appropriated funds may be expended through August 31, 2003 to allow for summer academic support services and professional development for educators; provided further, that no funds appropriated herein shall be expended for education reform audits; provided further, that of the amount appropriated herein, $300,000 shall be expended for the Saltonstall elementary school; provided further, that not less than $225,000 shall be expended to extend the model of the Gardner Extended Services School to all schools in Cluster 5, so-called, of the Boston public school system; provided further, that notwithstanding any provisions of this item or any general or special law to the contrary, funds may be expended at the discretion of the commissioner of said department, for after-school programs for public and non public schools; provided further, that of said funds, $7,500,000 shall be expended for high school students scoring in level 1 or level 2 of the MCAS exam; provided further, that said funds shall be expended for after school programs which shall not be limited on the basis of the MCAS scores of the students served by the program or the grade level of such students; and provided further, that said after-school programs may be operated by public and non public entities including, but not limited to members of the national alliance of boys and

girls clubs 20,000,000

Local Aid Fund 100.0%”;

By striking out items 7061-9604, 7061-9612 and 7061-9614 and inserting in place thereof the following four items:

“7061-9604 For teacher preparations; provided, that the commissioner of education shall select a panel of three nationally qualified experts in educational and employment testing, not from the commonwealth, taking into consideration those experts recommended by the National Research Council of the National Academy of Sciences, to perform a study of the validity and reliability of the Massachusetts Educator Certification Test as used in the certification of new teachers, and as used in the elimination of certification approval of teacher preparation programs and institutions to endorse candidates for teacher certification; provided further, that the commissioner of education shall enter into a contract on behalf of the department of education, with the selected panel of experts to conduct such a study; provided further, that the contract shall require that the study be completed not later than February 1, 2003; provided further, that the commissioner and the department of education shall assist the panel of experts in obtaining all information, documents or other evidence necessary to conduct the study; provided further, that to the extent the commissioner and the department of education are unable to obtain any such information, documents or other evidence from any organization, corporation, individual or other entity under contract or agreement with the commonwealth in connection with the development, administration, scoring or validation of the Massachusetts Educator Certification Test, the house or senate committee on post audit and oversight may utilize its power to summons witnesses, administer oaths, take testimony and compel the production of evidence, to facilitate obtaining the necessary information; provided further, that the provisions of lines 253 through 258 of section 38G of chapter 71 of the General Laws, as appearing in the 2000 Official Edition, are

hereby suspended for fiscal year 2003 1,490,288

Local Aid Fund 100.0%

7061-9611 For competitive grants to after-school programs 3,000,000

Local Aid Fund 100.0%

7061-9612 For the school of excellence program at the Worcester Polytechnic Institute; provided, that every effort shall be made to recruit and serve equal numbers of male and female students; provided further, that sending school districts of students attending said academy shall not be required to expend any funds for the cost of said students while in attendance at said academy; provided further, that funds shall be expended for professional development activities at the school of excellence program at Worcester Polytechnic Institute, including salary and benefits for master teachers and visiting scholars, so-called; provided further, that the department of education is hereby authorized and directed to enter into an agreement with Worcester Polytechnic Institute to operate a school of excellence in mathematics and science; provided further, that funds shall be expended for professional development programs conducted by school of excellence staff members throughout the commonwealth; and provided further, that said academy shall file a report with the joint committee on education and the house and senate committees on ways and means by February 1, 2003 detailing said

professional development activities 1,199,230

Local Aid Fund 100.0%

7061-9614 For an alternative education grant program to be administered by the department of education to address behavior that interferes with learning; provided, that such programs shall be developed at the middle and high school levels and shall offer the students the opportunity to make reasonable academic progress toward earning a high school diploma as set forth in section 1D, of chapter 69 of the General Laws; provided further, no school district that currently operates an alternative education program for suspended or expelled students shall use grant funds to supplant existing programs or services; provided further, that criteria for the approval of grant proposals shall be established in guidelines determined by the department; provided further, that grants may be awarded for the development and establishment of alternative education programs and services for suspended or expelled students, which may include but not be limited to, grants to allow school districts to coordinate efforts to establish inter-district regional alternative education collaborative or to establish district based alternative education programs; provided further, that no less than $250,000 shall be expended for programs and pilot demonstration projects in districts which address within the regular education school program the educational and psycho-social needs of children whose behavior interferes with learning, particularly those who are suffering from the traumatic effects of exposure to violence; provided further, that said pilot demonstration projects may create school based teams with community ties to provide ongoing training to school personnel, collaborate with recognized experts in the field of trauma and with battered women’s shelters, and review school policies and make use of community resources to support traumatized children to succeed in their regular public school programs; provided further, that the funding shall include the costs of administration of such pilot projects by the department of education which shall collaborate with the department of public health and the department of mental health to review proposals, consult with schools, select pilot projects, monitor projects, and conduct program evaluation; provided further, such grants may also encourage the use of technology to provide education in an alternative setting; provided further, that grants shall be contingent upon a match that of not less than one dollar in local expenditure for every dollar in state funding distributed; provided further, that notwithstanding the matching requirement of this item to the contrary, $100,000 shall be made available from this item for a pilot program that targets at risk and hard-to-reach youth, Amer-I-Can, so-called; and provided further, that notwithstanding the matching requirement of this item to the contrary, $75,000 shall be expended for the Diploma Plus demonstration

program, so-called 613,483

Local Aid Fund 100.0”;

By inserting after item 7061-9619 the following item:

“7061-9621 For the administration of a grant program for gifted and talented school age children; provided, that the funds appropriated in this item shall be in addition to any federal funds available for such program; provided further, that priority shall be given to those grant applications that address the needs of students who are identified by any of the following criteria: (1) the result of a standardized aptitude examination which is three or more standard deviations above the mean; (2) an evaluation by the child’s teachers that the child does perform, or is capable of performing, satisfactorily at two or more grade levels above the child’s chronological age; or, (3) a score on the math or verbal Scholastic Aptitude Test by a child of no more than 13 years of age which is equal to, or greater than, the average on either test obtained by college-bound high school juniors; and provided further, that such programs may be made available by a city, town,

or regional school district 400,000

Local Aid Fund 100.0%”;

By inserting after item 7061-9626 the following item:

“7061-9632 For the Pioneer Valley Regional Education Busi-

ness Alliance, so-called 150,000

Local Aid Fund 100.0%”;

and by adding at the end thereof the following thirteen sections:

“SECTION 163. Chapter 28A of the General Laws is hereby amended by inserting after section 4 the following new section:—

Section 4A. The secretary of the executive office of health and human services shall convene interagency children’s services teams for determining which agency or agencies within the jurisdiction of said secretary shall provide or contract for appropriate services to a child in cases when disputes arise among agencies over the delivery of services to a child or when such services are not being provided to a child. For purposes of this section, ‘agency’ shall mean any department, office, commission, board, institution, or other agency of the commonwealth within the executive office of health and human services.

The secretary or his designee shall chair such local or regional teams and preside over meetings. Such teams shall also include the commissioner or chief executive officer, or his designee, of the following agencies: the department of public health, the department of social services, the department of education, the department of transitional assistance, the department of mental retardation, the department of mental health, the commission on the deaf and hard of hearing, the Massachusetts rehabilitation commission, the commission for the blind, or any other agency as deemed necessary by the secretary to ensure delivery of appropriate and needed services to a child.

Such teams shall review such cases on a local or regional basis and seek to identify the services necessary to resolve such cases; designate the agency or agencies which shall provide or contract for such services; direct such designated agency or agencies to accept responsibility for such child and provide or contract for such services; and provide opportunities to receive testimony and evidence from such child, the family of such child, the representative of such child or such family, or the representative or other employee of such agency.

If no decision is agreed upon by a majority of the team, the secretary shall designate and require an agency to provide appropriate and needed services to such child. If a designated agency fails to provide services to a child in a manner consistent with the decision of the team, the secretary shall review the matter. If said secretary finds that such decision of the team is reasonable and within the jurisdiction of the designated agency, he shall direct such agency to provide services in accordance with the decision of the team and shall take any other action consistent with state law to ensure that appropriate services are provided to such child.

The teams shall have full access to, and the agencies shall provide all information relevant to such cases, notwithstanding any provisions of chapter sixty-six A, chapter one hundred and nineteen, chapter one hundred and twelve, or any other law to the contrary related to the confidentiality of personal data. However, all confidential information shall be returned to its originating source upon completion of this process and shall not be retained by the team or any member thereof and no member of the team shall disseminate any confidential information revealed during this process.

For purposes of this section, ‘child’ shall mean a person under the age of eighteen, or under the age of twenty-two if such person is disabled or has special needs.

The secretary shall issue an annual report summarizing the activities of the teams during the preceding fiscal year.

SECTION 164. Section 8 of chapter 70B of the general laws, as appearing in the 2000 Official Edition, is hereby amended by inserting in line 27 after the word ‘districts’ the following paragraph:—

The board is directed to create a separate priority list for projects that have completed a project application after August 30, 2001. The board shall assign each project to a priority category and place each project on the list in order of priority category, pursuant to subsections 1 to 8, inclusive. Projects placed on the priority list shall not be re-ranked. The board shall provide funding for projects in the order of placement on the list first, by the year the board received the application, then by the application’s priority category.

SECTION 165. Section 13 of chapter 70B of the general laws, as appearing in the 2000 official edition, is hereby amended in line 11 by striking out the word ‘five’ and inserting in place thereof the following word:— seven.

SECTION 166. Section 3 of chapter 71B of the general laws, as appearing in the 2000 Official Edition is hereby amended by inserting after paragraph 18 the following new paragraph:—

If a student’s individual education plan necessitates special education services in a day or residential facility or an educational collaborative, the IEP team shall consider whether the child requires special education services and supports to promote the student’s transition to placement in a less restrictive program. If the student requires such services, then the IEP shall include a statement of any special education services and supports necessary to promote the child’s transition to placement in a less restrictive program.

SECTION 167. The Department of Education shall develop after consultation with the Massachusetts association of school superintendents, the Massachusetts administrators for special education, the Massachusetts association of 766 approved private schools, and parents for residential reform, a model contract which may be used by districts and approved private special education schools.

SECTION 168. The Department of Education shall publish after consultation with the Massachusetts association of school superintendents, the Massachusetts administrators for special education, the Massachusetts association of 766 approved private schools, and parents for residential reform, guidelines for accepted business practices for use with approved private special education programs. Said guidelines shall include, but not be limited to, student attendance reporting, tuition invoicing and payment and student termination.

SECTION 169. The operational services division of administration and finance shall, after consultation with the department of education, the Massachusetts association of school superintendents, the Massachusetts administrators for special education, and the Massachusetts association of 766 approved private schools, promulgate regulations regarding prompt notification to purchasers of submission of applications for program changes. Such notification shall include the tuition price the program has requested for each student from the sending district.

The department of education shall review and take action on applications for program changes with due diligence and without undue delay. The department shall give priority first to applications that address health and safety issues, second to applications that address non-compliance with state or federal special education requirements, and third to all other applications. The approved tuition price shall, except if it is required for extraordinary relief, so-called, take effect during the next fiscal year following approval by the department of education, in accordance with regulations promulgated by the operational services division. In requests for tuition increases, except for those pursuant to extraordinary relief, the applicant shall notify relevant public schools and other public purchasers of the requested tuition prior to December 1 of the fiscal year in which the application is filed. No program shall be required to implement program changes until the effective date of the tuition increases; provided, however, that the program shall be required to implement all students’ individual education plans.

SECTION 170. The state advisory commission for special education is hereby authorized to investigate and study exit measurements for students with disabilities, accommodations for students with disabilities for the MCAS exam, so-called, and the alternate assessment to MCAS for students with disabilities, Chapter 71B private school tuition pricing, and the feasibility of training and partnership grants for disseminating best practices, training staff in use of assistive technology and collaboration on programs and services in the delivery of special education services. For the purposes of this section, the state advisory commission shall consult with the operational services division of administration and finance, the department of education, school superintendents, school committee members, special education administrators, collaborative directors, parents and consumers, and representatives of approved private schools. The state advisory commission for special education shall report to the board of education and to the general court the result of its investigation and study and its recommendations as well as any minority report, by filing the same with the clerk of the house of representatives, and the clerk of the senate, on or before May 1, 2003 but may issue interim reports from time to time.

SECTION 171. The ninth paragraph of section 274 of chapter 110 of the acts of 1993 is hereby amended by adding the following sentence:— The division shall also notify superintendents of this estimated rate of inflation by December 1.

SECTION 172. The Department of Education shall collect data on the number of students whose special education costs meet the criteria of line item 7061-0012, shall analyze the associated fiscal impact for school districts; and shall report its findings, along with any proposed recommendations, to the house and senate committees on ways and means and the joint committee on education, arts and humanities no later than March 1, 2003.

SECTION 173. Paragraph (b) of Section 5A of chapter 71B of the General laws as appearing in the 2000 Official Edition, is hereby amended by striking out the definitions ‘in-district programs’ and ‘out-of-district programs’.

SECTION 174. Said section 5A of said chapter 71B, as so appearing, is hereby amended by striking paragraph (c) and inserting in place thereof the following paragraph:—

(c) Instructional costs eligible for reimbursement under said program shall be reported by a school district to the department in a form and manner as prescribed by the commissioner. For each such school district, the department shall review said report and approve those per pupil instructional costs that are eligible for reimbursement pursuant to said program within thirty days of submission. Based upon said approved costs, the department shall calculate the reimbursement due a municipality. The costs of programs shall be reimbursed at 75% of all such approved costs that exceed 4 times the state average per pupil foundation budget, as defined in said chapter 70, for the current fiscal year.

SECTION 175. The operational service division of administration and finance and the department of education shall jointly study issues related to cost increases for matters of health and safety, as defined by state and federal regulations and as required by the department of education where the department of education has determined that certain cost increases must be implemented prior to the effective date of the tuition increase resulting from program reconstruction. In conducting their study, said agencies shall seek input from the Massachusetts association of approved private schools, the Massachusetts administrators for special education, the Massachusetts association of school superintendents and parent consumers. The operational service division of administration and finance and the department of education shall report to the general court the result of their investigation and study and their recommendations, if any, by filing the same with the clerk of the house of representatives and the clerk of the senate on or before January 31, 2003.”.

After debate on the question on adoption of the amendments, the sense of the House was taken by yeas and nays, at the request of Mr. Linsky of Natick; and on the roll call 154 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 344 in Supplement.]

Therefore the amendments were adopted.

At nine minutes before seven o’clock P.M. (Tuesday, May 14), the Speaker declared a recess until a quarter before eight o’clock; and at four minutes after eight o’clock the House was called to order.

Mr. Rogers of Norwood and other members of the House moved that the bill be amended in section 2 by striking out items 7000-9101, 7000-9401, 7000-9402, 7000-9406, 7000-9501, and 7000-9506 and inserting in place thereof the following six items:

“7000-9101 For the operation of the board of library commis-

sioners 1,111,322

Local Aid Fund 100.0%

7000-9401 For state aid to regional public libraries; provided, that the board of library commissioners may provide quarterly advances of funds for purposes authorized by clauses (1) and (2) of section 19C of chapter 78 of the General Laws, as it deems proper, to regional public library systems throughout each fiscal year, in compliance with the office of the comptroller’s regulations on state grants, 815 CMR 2.00; provided further, that notwithstanding said section 19C of said chapter 78 or any other general or special law to the contrary, the Boston Public Library shall, as the library of last recourse for reference and research services for the commonwealth, be paid from this item an amount equal to $1.06 per resident in the commonwealth; provided further, that notwithstanding the provisions of any general or special law to the contrary, no regional public library shall receive any money under this item in any year when the appropriation of the city or town where such regional public library is located is below an amount equal to 102.5 percent of the average of the appropriations for free public library service for the three years immediately preceding; provided further, that notwithstanding this item, the board of library commissioners may grant waivers, in a number not to exceed one-tenth the number permitted pursuant to the second paragraph of section 19A of said chapter 78, to any library not receiving funds as a library of last recourse for a period of not more than one year; and provided further, that notwithstanding any general or special law to the contrary, in calculating the fiscal year 2003 distribution of funds appropriated herein, the board of library commissioners shall employ population figures used to calculate the

fiscal year 2002 distribution 17,623,954

Local Aid Fund 100.0%

7000-9402 For the talking book library at the Worcester public

library 318,777

Local Aid Fund 100.0%

7000-9406 For the braille and talking book library at Watertown, including the operation of the machine

lending agency 1,628,550

Local Aid Fund 100.0%

7000-9501 For state aid to public libraries; provided, that notwithstanding any general or special law to the contrary, no city or town shall receive any money under this item in any year when the appropriation of said city or town for free public library services is below an amount equal to 102.5 percent of the average of the appropriations for free public library service for the three years immediately preceding; provided further, that notwithstanding this item, the board of library commissioners may grant waivers permitted pursuant to the last paragraph of section 19A of chapter 78 of the General Laws to any library not receiving funds as a library of last recourse for a period of no more than one year; and provided further, that any payment made under this appropriation shall be deposited with the treasurer of such city or town and held as a separate account and shall be expended by the public library of such city or town without appropriation, notwithstanding

any general or special law to the contrary 9,212,758

Local Aid Fund 100.0%

7000-9506 For the telecommunications expenses of automated resource sharing networks and their member

libraries 3,366,718”.

After remarks on the question on adoption of the amendment, the sense of the House was taken by yeas and nays, at the request of Mr. Scaccia of Boston; and on the roll call 153 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 345 in Supplement.]

Therefore the amendment was adopted.

Ms. Balser of Newton and other members of the House moved that the bill be amended in section 2 by striking out item 7061-9400 and inserting in place thereof the following item:

“7061-9400 To develop authentic student and school assessments in order to replace the current Massachusetts Comprehensive Assessment System. As required by Section 1I of Chapter 69 of the General Laws, the assessment system to be developed shall employ a variety of assessment instruments on either a comprehensive or statistically valid sampling basis. As much as is practicable, especially in the case of students whose performance is difficult to assess using conventional methods, such instruments shall include consideration of work samples, projects and portfolios, and shall facilitate authentic and

direct gauges of student performance 2,000,000”.

After debate the amendment was rejected.

Mr. Larkin of Pittsfield and other members of the House moved that the bill be amended in section 2 by striking out item 1599-3857 and inserting in place thereof the following item:

“1599-3857 For capital lease payments from the University of Massachusetts at Dartmouth to the Massachusetts Development Finance Agency and for annual operations of the Advanced Technology

and Manufacturing Center in Fall River 1,100,884”;

By striking out item 1599-7014 and inserting in place thereof the following item:

“1599-7014 For a reserve for the facilities costs associated with the Star Store, so-called, at the College of Visual and Performing Arts at the University of Massachusetts at Dartmouth and Bristol Com-

munity College 2,430,267”;

By striking out items 7066-0000, 7066-0005, 7066-0009, 7066-0015, 7070-0031, 7070-0065, 7077-0023, 7077-1000, 7100-0200, 7100-0300, 7100-0500, 7109-0100, 7110-0100, 7112-0100, 7113-0100, 7114-0100, 7114-0101, 7115-0100, 7116-0100, 7117-0100, 7118-0100, 7502-0100, 7503-0100, 7504-0100, 7504-0101, 7505-0100, 7506-0100, 7507-0100, 7508-0100, 7509-0100, 7510-0100, 7511-0100, 7512-0100, 7514-0100, 7515-0100, 7515-0120, 7515-0121, 7516-0100, 7518-0100 and 7520-0424 and inserting in place thereof the following forty-four items:

“7066-0000 For the operation of the board of higher education; provided, that the board shall recommend savings proposals that permit institutions of public higher education to achieve administrative and program cost reductions, resource re-allocation and program re-assessment and utilize resources otherwise available to such institutions; provided further, that the board shall establish a policy directing such institutions of higher education to spend not less than five percent of the combined amount of the total state appropriation and student retained revenues by each said institution for ongoing capital adaptation and renewal; provided further, that expenditures for operational expenses such as utility payments shall not be considered capital adaptation and renewal for the purposes of the spending requirements contained in this item; provided further, that the expenditure of capital funds by the institutions of higher education or by the division of capital asset management and maintenance for capital adaptation and renewal at the institutions of higher education may be applied to said five percent requirement; provided further, that not later than November 15, 2002, the board shall submit to the house and senate committees on ways and means a plan that includes: (1) the projected operating budget spending at each institution within the commonwealth’s system of public higher education; (2) the planned spending on capital adaptation and renewal projects at each said institution; and (3) the funding sources used to fund said projects; provided further, that upon request of any said institution, the board may grant a waiver from the maintenance spending requirement upon determining that compliance with the policy poses a threat to academic quality; provided further, that in order to meet the estimated costs of employee fringe benefits provided by the commonwealth on account of employees of the Massachusetts State College Building Authority and the University of Massachusetts Building Authority, and in order to meet the estimated cost of heat, light, power and other services, if any, to be furnished by the commonwealth to projects of said authorities, the boards of trustees of the state colleges and the University of Massachusetts shall transfer to the general fund from the funds received from the operations of said projects such costs, if any, as shall be incurred by the commonwealth for the aforesaid purposes in the current fiscal year, as determined by the appropriate building authority, verified by the chancellor of higher education and approved by the secretary of administration and finance; and provided further, Section 29 of chapter 15A of the General Laws, as appearing in the Official Edition, is hereby amended by striking out paragraphs (a), (b) and (c) and inserting in place thereof the following three paragraphs:— (a) As used in this chapter and in chapters seventy-three and seventy-five, the following words shall have the following meanings: ‘Nonpartisan’, as applied to student organizations not endorsing or adhering to particular ideological or religious positions in the articles of incorporation, charter, constitution or by-laws. ‘Official student referendum’, a referendum vote of the student body which is sanctioned by the college-recognized student governmental association and certified by said student governmental association as valid. ‘Optional fee’, any amount payable on a student tuition bill, but not a mandatory charge or waivable fee, appearing as a separately assessed item, accompanied by a statement as to the nature of said item and that said item is not a charge required to be paid by the student but rather the student may add said charge to the total amount due, and that said item is displayed on the bill at the request of the student body and does not necessarily reflect the endorsement of the board of trustees. ‘Student organization’, any organization of students at public post-secondary educational institutions which is open to membership of all students who pay the optional fee and is controlled by its students. (b) Non-mandatory student fees to nonpartisan student organizations which employ legislative agents, as defined in section thirty-nine of chapter three, or to nonpartisan student organizations attempting to influence legislation, as defined in section forty-four of said chapter three, shall be paid on student tuition bills by an optional fee whenever students have authorized said optional fee on the tuition bill by a majority vote of those students voting in an official student referendum. The continuation of said optional fee on the student tuition bill may be subject to reauthorization by an official student referendum every four years. Necessary administrative costs arising in connection with the collection of said fee may be billed by the board of trustees to the student organization at the time of the transfer of funds

collected to said student organizations 2,062,482

7066-0005 For the commonwealth’s share of the cost of the

compact for education 68,864

7066-0009 For the New England board of higher education 668,004

7066-0015 For the community college workforce training incentive grant program established in

section 15F of chapter 15A of the General Laws 900,000

7066-0016 For a program of financial aid to support the matriculation of certain persons at public and private institutions of higher learning; provided, that only persons in the custody of the department of social services pursuant to a care and protection petition upon reaching the age of 18, or persons in the custody of said department matriculating at such an institution at an earlier age, shall qualify for such aid; provided further that no such person shall be required to remain in the custody of the department beyond age 18 to qualify for such aid; provided further, that said aid shall not exceed $6,000 per recipient per year; provided further, that said aid shall be granted after exhausting all other sources of

financial support 1,200,000

7070-0031 For the McNair component of the financial assistance program to increase access to public and independent institutions of higher education for students who meet certain income eligibility standards developed by the chancellor of higher education and for students with serious physical impairments, known as the Ronald E. McNair

education opportunity program 3,931,276

7070-0065 For a scholarship program to provide financial assistance to Massachusetts students enrolled in and pursuing a program of higher education in any approved public or independent college, university, school of nursing, or any other approved institution furnishing a program of higher education; provided, that the Massachusetts state scholarship office is hereby authorized and directed to expend not less than $15,000,000 for community college access grants to ensure that no Massachusetts resident enrolled in and pursuing an associate’s degree in any of the community colleges pays more than $500 in tuition and fees net of any federal or state scholarship or tax credit; provided further, that any resident whose expected family contribution level, as determined according to the federal methodology established pursuant to Part F of Title IV of the Higher Education Act of 1965, as amended, is not more than $2,250, shall incur no net tuition and fee costs after deducting any federal or state scholarship or tax credit from financial need as calculated by the state scholarship office; provided further, that said residents who are not fully eligible for the federal HOPE tax credit, so-called, based on their exceeding maximum income eligibility limits, shall not be eligible for said grants; provided further, that not less than $11,000,000 shall be expended for state college access grants; provided further, that any Massachusetts resident enrolled in and pursuing a bachelor’s degree in any of the state colleges whose expected family contribution level, as determined according to the federal methodology established pursuant to Part F of Title IV of the Higher Education Act of 1965, as amended, is not more than $2,000, shall incur no net tuition and fee costs after deducting any federal or state scholarship or tax credit from financial need as calculated by the state scholarship office; provided further, that not less than $10,000,000 shall be expended for a program of needs-based financial assistance for Massachusetts residents enrolled in and pursuing a program of higher education in the University of Massachusetts; provided further, that $3,500,000 shall be expended for the part-time student grant program; provided further, that of the sum appropriated herein, not less than $475,000 shall be obligated for the purposes of the Massachusetts plan, pursuant to section 5C of chapter 15C of the General Laws; provided further, that the Massachusetts state scholarship office is authorized and directed to expend not less than $23,000,000 to provide for matching scholarship grants to needy Massachusetts students at participating Massachusetts independent regionally accredited colleges, universities, and schools of nursing; provided further, that not less than $190,000 shall be made available to provide financial assistance for Massachusetts residents enrolled at public higher education institutions to participate in the Washington Center-Massachusetts Initiative Academic Internship program; provided further, that except as otherwise provided in this act all said aforementioned financial assistance shall be distributed to students demonstrating the greatest need as determined by an eligibility index used by the state scholarship office; provided further, that students awarded full or partial scholarships under the Christian A. Herter Memorial Scholarship Program, as established in section 16 of chapter 15A of the General Laws, who have matriculated in a program of higher education outside the commonwealth may continue to receive the scholarship aid guaranteed by said program; provided further, that the state scholarship office is authorized to expend monies for the public service awards as established in said section 16 of said chapter 15A; provided further, that the chancellor of higher education, in coordination with the Massachusetts state scholarship office, shall establish such regulations governing the eligibility and the awarding of financial assistance as said chancellor shall deem necessary; provided further, that not more than $1,756,107 shall be expended on the administration of the scholarship program; provided further, that not less than $2,500,000 shall be provided for grants to residents of the Commonwealth who are working as paraprofessionals in public schools of the Commonwealth while pursuing a bachelor’s degree at a public college or university in the Commonwealth in order to become a certified teacher in Massachusetts; and provided further, that eligibility shall be limited to persons who have worked as a paraprofessional in the public schools of the Commonwealth for a minimum period of two years prior to receipt of such grant, or who are enrolled in and pursuing courses of study that will lead to certification as a teacher in bilingual education, special education, math, science, or foreign languages, and who commit to teach and actually teach for such period as the board of higher education may determine in the public schools of the Commonwealth upon graduation and cer-

tification pursuant to section 38G of chapter 71 90,903,455

7077-0010 For the purchase of scientific, technological, and other educational reference materials for the libraries of the system of public higher education institutions; provided, that the funds herein shall be distributed to campuses in the same formulaic manner as in chapter 127 of the acts

of 1999 2,400,000

7077-0023 For a contract with the Tufts School of Veterinary Medicine; provided, that funds appropriated herein shall be expended, in accordance with the Massachusetts resident veterinary tuition remission plan submitted January 8, 1998, for supportive veterinary services provided to the commonwealth; and provided further, that prior

year costs may be paid from this item 2,662,500

7077-1000 For the tomorrow’s teachers program; provided, that notwithstanding the provisions of section 35S of Chapter 10 of the General Laws, or any other general or special law to the contrary, the amount appropriated herein shall be expended from the Teacher, Principal and

Superintendent Quality Endowment Fund 3,954,280

Teacher, Principal and

Superintendent Quality

Endowment Fund 100.0%

7100-0200 For the operation of the University of Massachusetts; provided, that notwithstanding the provisions of any general or special law to the contrary, the university may establish and organize auxiliary organizations, subject to policies, rules and regulations enacted by the board, to provide essential functions which are integral to the educational mission of the university; provided further, that notwithstanding the provisions of any general or special law to the contrary, the university may enter into leases of real property without prior approval of the division of capital asset management and maintenance; provided further, that the sum expended for UMass Extension in fiscal year 2003 shall not be reduced from fiscal year 2002 levels, except in proportion to adjustments consistent with university budget adjustments, at the University of Massachusetts and policies affecting comparable academic outreach 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; provided further, that the sum expended for the University of Massachusetts at Amherst Cranberry Experiment Station at Wareham in fiscal year 2003 shall not be reduced from fiscal year 2002 levels, except in proportion to adjustments consistent with university budget adjustments; provided further, that such funds shall be expended in accordance with a plan reviewed and recommended by the University of Massachusetts at Amherst Cranberry Experiment Station Board of Oversight; provided further, that not less than $210,000 shall be expended for the Center for Women in Politics and Public Policy at the John W. McCormack Institute of Public Affairs; provided further, that $300,000 shall be expended for the Center for Portuguese Studies at the University of Massachusetts at Dartmouth; and provided further, that no funds appropriated herein may be used for the issuance and/or renewal of identification cards to plan participants or covered individuals which display the participants’ or individuals’ social security

number 449,084,247

7100-0300 For the operation of the toxics use reduction institute program at the University of Massachusetts at Lowell, in accordance with chapter 211 of

the General Laws 1,631,575

Toxics Use Reduction

Fund 100.0%

7100-0445 For matching funds for the University of Massachusetts for the purpose of providing an endowment program for chairs of the various departments within the university; provided, that private donations contributed for the purposes of this program shall not result in direct or indirect reductions in the commonwealth’s appropriation for the university; and provided further, that the amount appropriated herein may fund matching grants paid to the university in an amount not to exceed one dollar for every two dollars privately contributed or contractu-

ally pledged to the university’s board of trustees 2,000,000

7100-0500 For the operation of the board of higher education’s Commonwealth College honors program, so-called, at the University of Massachusetts at

Amherst 1,715,000

7109-0100 For Bridgewater State College; provided, that funds shall be made available for new buildings and maintenance; provided further, that not less than $613,000 shall be expended for the operation of the John Joseph Moakley Center for Technological Applications at Bridgewater State College; and provided further, that said initiative shall be conducted on the site of said college for the purposes of technological applications to classroom teaching and initiatives in distance learning and economic development in conjunction with business and industry in

southeastern Massachusetts 35,843,656

7110-0100 For Fitchburg State College 26,294,605

7112-0100 For Framingham State College; provided, that not less than $200,000 shall be expended for the

regional economic research center 21,941,929

7113-0100 For the Massachusetts College of Liberal Arts 13,024,237

7114-0100 For Salem State College; provided, that not less than $120,400 shall be expended for the aquaculture program at said college established pursuant to section 274 of chapter 38 of the acts of

1995 34,833,776

7114-0101 For a reserve for operation and maintenance costs associated with the acquisition of the GTE/Syl-

vania property located in the city of Salem 703,959

7115-0100 For Westfield State College 21,790,081

7116-0100 For Worcester State College 22,013,414

7117-0100 For the Massachusetts College of Art 13,791,920

7118-0100 For the Massachusetts Maritime Academy 11,117,769

7502-0100 For Berkshire Community College 9,129,385

7503-0100 For Bristol Community College 14,683,380

7504-0100 For Cape Cod Community College 10,751,842

7504-0101 For the operation of an environmental technology, education, and job training partnership through the Cape Cod Community College; provided that said college shall coordinate said partnership with the Massachusetts Maritime Academy and the University of Massachusetts at Dartmouth; provided further, that said initiative shall be conducted at the Massachusetts military reservation, or at any site on Cape Cod determined by said college to be suitable for the purposes of on-site education and training in the use of alternative technologies to clean up designated superfund sites; provided further, that preference shall be given to local applicants; and provided further, that the executive office of environmental affairs and the University of Massachusetts at Dartmouth are hereby authorized and directed to participate in the testing and evaluation of innovative technolo-

gies 111,994

Toxics Use Reduction

Fund 100.0%

7505-0100 For Greenfield Community College 8,807,887

7506-0100 For Holyoke Community College provided, that not less than $80,000 shall be expended for the operation of the Holyoke creative arts center to be administered by Holyoke Community

College 17,340,886

7507-0100 For Massachusetts Bay Community College 13,522,666

7508-0100 For Massasoit Community College 19,123,451

7509-0100 For Mount Wachusett Community 10,861,718

7510-0100 For Northern Essex Community College 17,918,257

7511-0100 For North Shore Community College, including the post secondary programs of the Essex Agricultural and Technical Institute operated by North

Shore Community College 19,547,214

7512-0100 For Quinsigamond Community 14,128,975

7514-0100 For Springfield Technical Community College 22,265,843

7514-0102 For the Massachusetts Center for Telecommunications and Information Technology through the Springfield Technical Community College Assistance Corporation, as established by chapter 273 of the acts of 1994; provided, that the amount appropriated herein shall include, but not be limited to, operating and maintaining cable television programming, distance learning curricula, telecommunications-intensive company facilities, and a small business incubator; provided further, that funds shall be allocated for a reserve for the operation and maintenance expenses incurred by Springfield Technical Community College associated with the acquisition of the Digital property, so-called; provided further that said college may expend revenues in an amount not to exceed $575,000 received from rent utility, and other charges for the operation and maintenance of said property; provided further, that funds shall be encumbered for an emergency reserve for unanticipated operating and maintenance expenses of Springfield Technical Community College in

the acquisition of the Digital property, so-called 535,206

7515-0100 For Roxbury Community College 10,431,310

7515-0120 For the operation of the Reggie Lewis Track and

Athletic Center at Roxbury Community College 774,278

7515-0121 For the Reggie Lewis Track and Athletic Center at Roxbury Community College; provided, that said college may expend an amount not to exceed $523,100 received from fees, rentals, and facility expenses associated with the running and operation of national track meets, high school track meets, high school dual meets, Roxbury Community College athletic events, other special athletic events, conferences, meetings, and programs; provided further, that only expenses for contracted services associated with the aforementioned events shall be funded from this item; and provided further, that all year end balances associated with the Reggie Lewis Track and Athletic Center, on an annual basis, shall be transferred to the Reggie Lewis Track and Athletic Center Building Fund in

accordance with chapter 772 of the acts of 1987 523,100

Reggie Lewis

Track and Athletic

Center Fund 100.0%

7516-0100 For Middlesex Community College 18,202,731

7518-0100 For Bunker Hill Community College; provided, that $135,000 shall be obligated for the life

focus center 18,578,863

7520-0424 For a health and welfare reserve for eligible personnel employed at the community and state

colleges 3,182,263”.

Pending the question on adoption of the amendments offered by Mr. Larkin of Pittsfield, et als, Mr. Peterson of Grafton moved that the amendments be amended in proposed item 7077-0023 by striking out the figures “2,662,500” and inserting in place thereof the figures “4,260, 000”.

After remarks on the question on adoption of the further amendment, the Speaker placed before the House the question on suspension of Rule 1A in order that the House might continue to meet beyond the hour of nine o’clock P.M.

On the question to suspend Rule 1A, the sense of the House was taken by yeas and nays, as required under the provisions of said rule; and on the roll call 111 members voted in the affirmative and 43 in the negative.

[See Yea and Nay No. 346 in Supplement.]

Therefore Rule 1A was suspended.

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. Peterson of Grafton; and on the roll call 43 members voted in the affirmative and 110 in the negative.

[See Yea and Nay No. 347 in Supplement.]

Therefore the further amendment was rejected.

On the question on adoption of the amendments offered by Mr. Larkin of Pittsfield, et als, the sense of the House was taken by yeas and nays, at the request of Mr. Travis of Rehoboth; and on the roll call 155 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 348 in Supplement.]

Therefore the amendments were adopted.

Mr. Rogers of Norwood and other members of the House moved that the bill be amended in section 2 by striking out items 0611-5500 and 0611-5510 and inserting in place thereof the following three items:

“0611-5500 For additional assistance to cities and towns to be distributed according to the provisions of section 3 and for assistance to certain public entities of the commonwealth which have constructed water pollution abatement facilities; provided, that the distribution to said public

entities shall equal $1,249,948 477,565,230

Local Aid Fund 100.0%

0611-5510 For reimbursements to cities and towns in lieu of taxes on state-owned land pursuant to sections 13 to 17, inclusive, of chapter 58 of the

General Laws 15,000,000

Local Aid Fund 100.0%

 

0611-5800 For distribution to each city and town within which racing meetings are conducted pursuant to section 18D of chapter 58 of the General

Laws 917,270

Local Aid Fund 100.0% ”;

By striking out item 1233-2200 and inserting in place thereof the following item:

1233-2000 For reimbursing cities and towns for taxes abated pursuant to the seventeenth, twenty-second, twenty-second A, twenty-second B, twentysecond C, twenty-second E and thirty-seventh clauses of section 5 of chapter 59 of the

General Laws 8,400,000

Local Aid Fund 100.0% ”;

By inserting after item 6000-0110 the following item:

“6005-0017 For certain payments to cities and towns as authorized by clause (c) of section 13 of chapter 64A, section 13 of chapter 64E, and section 14 of chapter 64F of the General Laws; provided, that the amounts appropriated herein are in full satisfaction of the amounts payable pursuant to said clauses for fiscal year 2003; provided further, that funds herein may be used for the lease, purchase and maintenance of vehicles for use in road maintenance, and for costs incurred for the removal of snow and ice; and provided further, that notwithstanding the provisions of section 31 of chapter 81 of the General Laws or any other general or special law to the contrary, the portion of the highway fund allocated for reimbursements to cities and towns for costs actually incurred in constructing, maintaining and policing city or town streets or roads, shall be distributed in fiscal year 2003 in the same proportion as the fiscal year 2002 distribution

of said highway fund reimbursements 20,000,000

Highway Fund 100.0% ”;

In section 3 by striking out item 7061-0008 (Chapter 70 funding), item 0611-5500 (Additional Assistance Funding) and Lottery Distribution for the cities and towns in the Commonwealth and inserting in place thereof the following:

 

0611-5501

7061-0008 Additional Lottery

“Municipality Chapter 70 Assistance Distribution

Abington 6,439,277 - 2,068,295

Acton 2,668,321 37,368 1,406,217

Acushnet 4,957,982 30,043 1,587,971

Adams - 44,096 2,024,211

Agawam 11,837,774 - 3,691,926

Alford - - 15,203

Amesbury 9,978,669 - 2,074,864

Amherst 5,854,709 280,503 8,097,758

Andover 6,181,695 - 1,854,534

Aquinnah - - 2,220

Arlington 6,003,471 5,652,310 4,509,629

Ashburnham - - 700,843

Ashby - - 411,019

Ashfield 120,726 - 168,806

Ashland 2,897,888 366,937 1,069,482

0611-5501

7061-0008 Additional Lottery

Municipality Chapter 70 Assistance Distribution

Athol - 5.507 2,264,632

Attleboro 24,029,834 - 5,734,233

Auburn 4,669,138 - 1,723,735

Avon 712,769 504,148 408,691

Ayer 4,486,205 55,642 768,985

Barnstable 7,631,735 - 2,116,934

Barre 9,851 - 796,940

Becket 91,305 10,797 77,515

Bedford 2,419,485 609,391 823,146

Belchertown 8,204,607 - 1,548,703

Bellingham 8,115,368 - 1,904,037

Belmont 3,530,649 1,041,278 1,789,170

Berkley 4,275,079 - 562,870

Berlin 617,571 - 223,968

Bernardston - - 263,001

Beverly 7,634,024 3,086,077 4,100,613

Billerica 15,039,538 2,956,313 4,255,906

Blackstone 147,096 - 1,329,932

Blandford - - 119,013

Bolton - - 186,026

Boston 205,643,453 204,638,214 63,492,321

Bourne 3,620,921 443,645 1,220,684

Boxborough 1,389,345 - 243,393

Boxford 1,808,196 45,818 470,708

Boylston 477,114 - 356,001

Braintree 5,818,964 4,250,822 3,283,351

Brewster 1,026,159 - 397,625

Bridgewater 139,108 - 3,285,540

Brimfield 1,097,622 - 364,837

Brockton 112,706,501 5,424,063 18,396,664

Brookfield 1,635,198 - 494,890

Brookline 6,152,559 4,401,448 3,977,495

Buckland 7,971 - 273,118

Burlington 4,433,992 1,744,603 1,600,680

Cambridge 8,488,881 22,595,349 8,023,844

Canton 3,140,912 1,104,851 1,482,910

Carlisle 733,483 18,534 220,215

Carver 8,941,700 - 1,477,290

Charlemont 88,183 - 158,275

Charlton - - 1,282,797

Chatham 560,156 - 173,877

Chelmsford 8,241,820 3,190,395 3,246,972

Chelsea 41,980,397 4,274,507 5,585,430

Cheshire 294,018 - 538,717

Chester - - 164,739

Chesterfield 143,523 - 124,346

Chicopee 35,175,026 1,504,526 10,041,559

Chilmark - - 3,950

Clarksburg 1,455,353 16,502 359,293

0611-5501

7061-0008 Additional Lottery

Municipality Chapter 70 Assistance Distribution

Clinton 9,094,344 220,865 2,252,984

Cohasset 1,434,091 209,013 429,536

Colrain - - 231,093

Concord 1,928,662 483,163 961,464

Conway 696,229 - 164,973

Cummington 40,597 - 72,482

Dalton 286,814 - 998,152

Danvers 4,462,515 1,408,080 2,027,017

Dartmouth 7,590,854 - 2,609,226

Dedham 3,817,342 1,950,847 2,233,487

Deerfield 762,515 - 496,399

Dennis - - 554,312

Devens 410,000 - -

Dighton - - 708,177

Douglas 5,996,271 - 693,294

Dover 414,875 - 210,764

Dracut 13,378,607 - 3,630,717

Dudley - - 1,539,684

Dunstable - 37,846 195,939

Duxbury 3,319,143 - 968,315

East Bridgewater 8,658,108 - 1,519,078

East Brookfield 27,380 - 281,675

East Longmeadow 4,098,133 - 1,368,440

Eastham 302,567 - 151,695

Easthampton 7,463,438 137,004 2,712,063

Easton 6,985,651 - 2,216,364

Edgartown 403,848 35,873 48,085

Egremont - - 65,796

Erving 306,667 16,548 63,971

Essex - 42,569 239,827

Everett 17,126,835 5,139,628 3,588,420

Fairhaven 6,967,506 492,569 2,066,773

Fall River 84,520,361 2,882,862 22,826,175

Falmouth 5,288,882 - 1,431,287

Fitchburg 36,645,805 270,312 8,506,440

Florida 519,237 - 52,267

Foxborough 6,699,937 - 1,600,196

Framingham 9,814,588 5,911,189 6,506,019

Franklin 19,332,689 - 2,519,718

Freetown 1,115,300 - 994,472

Gardner 16,575,971 151,944 4,106,707

Georgetown 3,224,695 66,691 701,744

Gill - - 217,801

Gloucester 6,554,127 2,419,911 2,664,595

Goshen 89,121 - 70,158

Gosnold 7,025 2,469 551

Grafton 5,078,322 - 1,603,750

Granby 3,232,103 - 851,779

Granville 789,542 - 141,332

0611-5501

7061-0008 Additional Lottery

Municipality Chapter 70 Assistance Distribution

Great Barrington - - 801,673

Greenfield 9,512,771 - 3,124,995

Groton - - 744,847

Groveland - - 674,022

Hadley 742,139 174,084 329,841

Halifax 2,314,346 - 940,730

Hamilton - 53,967 627,297

Hampden - - 605,061

Hancock 114,048 22,195 38,668

Hanover 4,015,201 1,669,092 1,104,612

Hanson - - 1,289,820

Hardwick - 4,062 396,023

Harvard 1,431,925 69,324 1,938,865

Harwich 1,704,377 - 442,804

Hatfield 672,227 - 316,141

Haverhill 33,849,328 3,149,881 8,032,601

Hawley 18,797 16,264 28,761

Heath - - 64,382

Hingham 3,952,913 420,485 1,428,766

Hinsdale 96,654 - 211,241

Holbrook 4,464,776 5,987 1,611,943

Holden 139,460 - 1,710,718

Holland 818,518 - 180,635

Holliston 7,251,411 518,826 1,280,179

Holyoke 59,511,422 763,384 9,604,916

Hopedale 4,995,528 - 667,451

Hopkinton 4,137,826 151,365 657,206

Hubbardston - - 345,151

Hudson 6,446,740 - 2,145,893

Hull 4,516,679 1,747,307 1,136,509

Huntington - - 313,583

Ipswich 2,461,050 975,780 1,052,891

Kingston 2,948,307 - 950,339

Lakeville 1,943,979 - 787,143

Lancaster - - 910,125

Lanesborough 614,350 - 366,381

Lawrence 104,229,751 239,970 19,915,827

Lee 1,852,895 - 677,606

Leicester 9,025,412 - 1,782,390

Lenox 1,342,091 90,787 560,193

Leominster 29,540,832 14,714 5,623,305

Leverett 271,789 - 180,835

Lexington 6,119,692 - 1,638,770

Leyden - - 72,787

Lincoln 573,671 367,459 488,352

Littleton 1,734,384 207,535 588,951

Longmeadow 4,231,500 - 1,390,886

Lowell 109,418,078 7,978,998 20,560,564

Ludlow 9,409,200 - 2,825,665

0611-5501

7061-0008 Additional Lottery

Municipality Chapter 70 Assistance Distribution

Lunenburg 3,650,152 - 1,107,540

Lynn 95,036,457 11,926,220 15,119,725

Lynnfield 2,074,922 455,892 793,780

Malden 24,015,004 7,030,168 8,770,142

Manchester-By-The-Sea - - 252,628

Mansfield 9,187,559 912,368 1,521,082

Marblehead 2,942,971 49,583 1,207,520

Marion 397,148 - 233,186

Marlborough 6,523,756 3,433,241 3,278,585

Marshfield 11,768,546 255,142 2,156,088

Mashpee 4,788,112 - 278,430

Mattapoisett 562,247 - 436,879

Maynard 2,682,260 738,519 1,181,220

Medfield 3,339,769 937,000 894,157

Medford 12,495,563 8,094,393 7,532,599

Medway 6,071,225 235,317 1,056,273

Melrose 6,265,487 3,402,865 3,278,759

Mendon - - 391,787

Merrimac - - 767,453

Methuen 24,974,310 205,147 5,415,812

Middleborough 13,761,293 - 2,532,929

Middlefield - - 43,386

Middleton 1,067,839 159,272 360,177

Milford 11,643,468 - 3,224,119

Millbury 5,262,640 - 1,824,329

Millis 2,277,107 403,862 833,764

Millville 46,651 - 352,051

Milton 4,024,758 1,566,851 2,450,433

Monroe 34,278 17,526 7,502

Monson 5,312,612 - 1,268,544

Montague - - 1,235,980

Monterey - 15,777 36,690

Montgomery - - 84,516

Mount Washington 11,633 41,886 3,314

Nahant 455,800 157,791 312,234

Nantucket 969,022 - 78,275

Natick 4,931,682 2,444,348 2,435,049

Needham 4,504,997 259,216 1,669,029

New Ashford 48,420 9,203 9,445

New Bedford 94,721,196 901,313 23,850,333

New Braintree - - 113,779

New Marlborough - - 56,734

New Salem - - 92,984

Newbury - - 467,196

Newburyport 3,492,275 1,736,621 1,600,739

Newton 11,394,437 1,732,789 5,209,880

Norfolk 3,028,920 - 991,299

North Adams 13,678,354 233,872 4,448,636

North Andover 4,889,300 151,695 1,924,579

0611-5501

7061-0008 Additional Lottery

Municipality Chapter 70 Assistance Distribution

North Attleborough 15,276,094 - 2,986,525

North Brookfield 4,081,545 - 832,766

North Reading 3,112,771 1,189,787 1,083,593

Northampton 7,497,387 727,239 4,071,701

Northborough 3,113,893 76,900 1,080,649

Northbridge 11,352,677 3,865 2,335,382

Northfield - - 304,891

Norton 10,072,832 - 2,111,234

Norwell 2,269,077 680,878 687,784

Norwood 4,199,430 3,354,660 2,682,660

Oak Bluffs 634,246 - 74,035

Oakham 63,589 - 172,392

Orange 5,367,303 2,661 1,639,733

Orleans 267,953 - 188,028

Otis - - 30,029

Oxford 7,952,326 - 2,175,061

Palmer 9,599,993 - 1,891,452

Paxton 34,270 - 467,769

Peabody 15,136,351 3,951,625 5,028,007

Pelham 141,191 - 152,149

Pembroke 9,611,273 - 1,722,079

Pepperell - - 1,299,451

Peru 39,868 - 104,979

Petersham 199,398 - 110,642

Phillipston - 5,519 162,324

Pittsfield 28,941,235 1,107,722 7,892,067

Plainfield 53,679 - 43,850

Plainville 1,978,516 - 770,825

Plymouth 20,298,057 - 3,858,333

Plympton 597,760 - 244,745

Princeton - - 304,912

Provincetown 309,126 27,912 146,532

Quincy 15,165,279 14,555,556 10,627,940

Randolph 11,260,936 2,297,597 3,895,298

Raynham 375 - 1,135,242

Reading 6,121,072 1,931,472 2,165,900

Rehoboth - - 937,167

Revere 23,067,165 6,712,698 6,254,836

Richmond 386,119 - 116,839

Rochester 1,113,730 - 423,340

Rockland 10,015,816 496,221 2,475,363

Rockport 1,427,901 - 463,571

Rowe 53,056 - 4,344

Rowley - 143,746 461,136

Royalston - - 146,055

Russell - - 226,302

Rutland 11,119 - 777,460

Salem 12,334,597 4,151,021 4,215,255

Salisbury - - 632,081

0611-5501

7061-0008 Additional Lottery

Municipality Chapter 70 Assistance Distribution

Sandisfield 7,986 - 30,228

Sandwich 5,016,623 111,247 957,403

Saugus 4,228,143 2,245,040 2,352,165

Savoy 364,611 17,367 100,575

Scituate 3,814,081 1,101,119 1,449,261

Seekonk 3,664,719 - 1,244,667

Sharon 5,483,804 78,642 1,407,947

Sheffield - 15,023 223,611

Shelburne - - 263,665

Sherborn 395,414 26,364 211,166

Shirley 3,804,005 233,500 1,168,490

Shrewsbury 7,804,759 376,077 2,482,932

Shutesbury 573,004 - 149,760

Somerset 3,191,654 - 1,459,932

Somerville 24,302,486 20,410,649 12,579,548

South Hadley 6,171,610 25,437 2,576,104

Southampton 2,085,114 - 579,205

Southborough 2,257,010 - 432,404

Southbridge 14,564,180 - 3,552,517

Southwick - - 1,103,183

Spencer 219,706 - 2,105,128

Springfield 206,589,727 2,302,181 34,087,198

Sterling - - 700,512

Stockbridge - - 109,953

Stoneham 3,284,829 2,553,177 2,253,662

Stoughton 9,415,846 129,781 3,410,309

Stow - 8,776 432,823

Sturbridge 1,298,823 - 765,491

Sudbury 2,837,016 807,321 915,572

Sunderland 787,076 - 474,109

Sutton 4,385,244 - 778,717

Swampscott 2,431,038 443,359 1,049,552

Swansea 4,966,726 - 1,942,303

Taunton 34,375,379 - 8,938,499

Templeton - - 1,237,826

Tewksbury 11,476,069 - 2,989,060

Tisbury 355,233 - 107,346

Tolland - 12,143 5,848

Topsfield 728,900 318,725 434,808

Townsend - - 1,185,279

Truro 261,971 - 30,866

Tyngsborough 6,317,346 - 933,395

Tyringham 36,592 - 13,448

Upton - - 505,680

Uxbridge 7,883,492 - 1,457,887

Wakefield 4,869,150 1,809,635 2,435,881

Wales 741,058 - 226,175

Walpole 5,393,468 1,112,115 1,954,587

Waltham 7,158,929 6,869,270 5,604,744

0611-5501

7061-0008 Additional Lottery

Municipality Chapter 70 Assistance Distribution

Ware 6,995,285 19,199 1,686,435

Wareham 11,597,828 - 2,146,747

Warren - - 722,120

Warwick - 36,354 82,721

Washington 15,088 29,889 69,340

Watertown 2,969,442 5,571,114 3,147,986

Wayland 2,863,219 352,813 719,666

Webster 7,128,461 78,026 2,446,836

Wellesley 3,687,434 121,858 1,369,061

Wellfleet 145,578 - 64,574

Wendell - 32,131 128,872

Wenham - 175,913 336,192

West Boylston 2,723,155 85,259 700,233

West Bridgewater 1,962,857 59,411 649,816

West Brookfield - - 461,290

West Newbury - - 295,493

West Springfield 13,179,351 - 3,354,930

West Stockbridge - - 107,749

West Tisbury - 229,569 35,948

Westborough 3,240,051 182,536 1,011,538

Westfield 26,328,500 - 5,982,647

Westford 10,615,861 1,126,887 1,407,229

Westhampton 348,019 - 139,763

Westminster - - 633,132

Weston 1,709,187 - 408,032

Westport 3,601,648 - 1,323,387

Westwood 2,635,628 45,632 747,149

Weymouth 19,551,520 3,050,391 7,557,154

Whately 155,566 - 125,335

Whitman - - 2,266,320

Wilbraham - - 1,267,833

Williamsburg 437,793 - 319,042

Williamstown 1,101,138 - 982,576

Wilmington 4,134,916 1,578,564 1,465,245

Winchendon 10,441,224 31,919 1,608,398

Winchester 3,692,026 433,387 1,323,349

Windsor 41,640 35,260 63,988

Winthrop 4,932,699 2,878,558 2,645,493

Woburn 5,628,191 4,513,710 3,305,356

Worcester 147,939,972 14,860,192 31,709,784

Worthington - - 111,688

Wrentham 3,175,031 - 995,663

Yarmouth - - 1,265,057

Total Aid to Regional

School Districts 520,480,348

Total 3,218,132,737 476,315,282 778,091,951

 

7061-0008

Regional School Chapter 70

Acton Boxborough 3,543,199

Adams Cheshire 9,669,729

Amherst Pelham 9,419,188

Ashburnham Westminster 8,446,322

Assabet Valley 3,051,938

Athol Royalston 15,673,951

Berkshire Hills 3,268,521

Berlin Boylston 962,915

Blackstone Millville 10,632,254

Blackstone Valley 5,635,627

Blue Hills 3,794,449

Bridgewater Raynham 18,684,258

Bristol County 1,461,167

Bristol Plymouth 5,538,845

Cape Cod 2,220,714

Central Berkshire 8,286,804

Chesterfield Goshen 646,949

Concord Carlisle 1,772,474

Dennis Yarmouth 7,424,130

Dighton Rehoboth 10,767,210

Dover Sherborn 1,423,318

Dudley Charlton 18,341,137

Essex County 3,664,972

Farmington River 451,007

Franklin County 2,346,963

Freetown Lakeville 5,567,682

Frontier 2,483,459

Gateway 6,957,660

Gill Montague 6,419,909

Greater Fall River 11,046,557

Greater Lawrence 13,802,543

Greater Lowell 15,565,037

Greater New Bedford 18,294,926

Groton Dunstable 9,093,386

Hamilton Wenham 3,474,401

Hampden Wilbraham 9,041,391

Hampshire 2,282,010

Hawlemont 758,481

King Philip 5,062,139

Lincoln Sudbury 2,139,973

Manchester Essex 1,646,605

Martha’s Vineyard 2,290,886

Masconomet 4,349,058

Mendon Upton 6,599,227

Minuteman 2,565,688

Mohawk Trail 7,345,280

Montachusett 7,232,676

Mount Greylock 2,044,500

Narragansett 7,386,291

Nashoba 6,476,966

7061-0008

Regional School Chapter 70

Nashoba Valley 2,386,144

Nauset 3,903,029

New Salem Wendell 744,144

Norfolk County 742,722

North Middlesex 20,184,957

North Shore 1,758,805

Northampton Smith 915,417

Northboro Southboro 1,891,353

Northeast Metropolitan 6,502,464

Northern Berkshire 2,979,338

Old Colony 2,231,906

Old Rochester 1,837,325

Pathfinder 2,533,302

Pentucket 11,803,765

Pioneer 3,977,734

Quabbin 14,118,196

Quaboag 7,585,764

Ralph C. Mahar 3,800,828

Shawsheen Valley 3,843,071

Silver Lake 5,874,299

South Middlesex 2,664,555

South Shore 2,098,219

Southeastern 8,731,300

Southern Berkshire 2,109,780

Southern Worcester 4,956,043

Southwick Tolland 7,050,606

Spencer East Brookfield 11,231,287

Tantasqua 6,288,569

Tri County 3,662,812

Triton 8,845,837

Up-Island 958,843

Upper Cape Cod 2,314,954

Wachusett 17,602,075

Whitman Hanson 19,695,883

Whittier 5,600,250

Regional Total 520,480,348”.;

and by striking out sections 35 and 57.

After debate on the question on adoption of the amendments offered by Mr. Rogers of Norwood, et als, the sense of the House was taken by yeas and nays, at the request of Mr. Ruane of Salem; and on the roll call 151 members voted in the affirmative and 4 in the negative.

[See Yea and Nay No. 349 in Supplement.]

Therefore the amendments were adopted.

Recess.

At one minute after ten o’clock P.M. (Tuesday, May 14), on motion of Mr. Frost of Auburn) (the Speaker being in the Chair), the House recessed until the hour of ten o’clock A.M. on Wednesday, May 15, and at that time, the House was called to order with the Speaker in the Chair

Wednesday, May 15, 2002 (at 10:00 o’clock A.M.). 

Prayer was offered by the Reverend Robert F. Quinn, C.S.P., Chaplain of the House, as follows:

Holy Spirit of God, we pray for guidance and direction as we address the complex and challenging matters which come before us on this and every day. Help us to be open minded, reasonable and fair in selecting the best legislative options which are available to us in these difficult economic and changing times. Teach us to be leaders who inspire confidence in the minds of the electorate. Your commitment to principles and values which are not based on the shifting sand of public opinion, but on rock solid biblical and traditional standards. May our trust in You, Your unlimited compassion towards all people and Your personal concern for our total well-being (both spiritual and physical) grow stronger each day.

Bestow Your blessings on the Speaker, the members and employees of this House and their families. Amen.

At the request of the Speaker, the members, guests and employees joined with him in reciting the pledge of allegiance to the flag.

Appointment to a Joint Standing Committee.

The Speaker announced the appointment of Representative Tirone of Amesbury to the eleventh position on the committee on Transportation, to fill the existing vacancy.

Resolutions.

The following resolutions (filed with the Clerk) were referred, under Rule 85, to the committee on Rules:

Resolutions (filed by Representatives Demakis of Boston, Atsalis of Barnstable, Candaras of Wilbraham, Polito of Shrewsbury and Speliotis of Danvers) congratulating his Eminence Archbishop Demetrios of America on the honor of receiving the Alpha Omega Council’s “Lifetime Achievement Award”;

Resolutions (filed by Messrs. Flynn of Bridgewater and Fagan of Taunton) congratulating Dr. Adrian Tinsley;

Resolutions (filed by Mr. O’Flaherty of Chelsea) honoring
Reverend Daniel J. Mahoney; and

Resolutions (filed by Mr. Walsh of Boston) congratulating
Reverend James H. Lane;

Mr. Scaccia of Boston, 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. Walsh, the resolutions (reported by the committee on Bills in the Third Reading to be correctly drawn) were considered forthwith; and they were adopted.

Papers from the Senate.

Bills

Creating a municipal police training committee (Senate, No. 1274, changed by striking out section 11; and amended by inserting after section 10 the following section, as changed by the Senate committee on Bills in the Third Reading:

“SECTION 11. Said chapter 6 is hereby further amended by striking out section 119.”) (on a petition);

Relative to limited liability companies (Senate, No. 2345) (on Senate bill No. 1690, changed);

Relative to the retirement benefits of emergency medical technicians (Senate, No. 2348) (on Senate bill No. 1391); and

Relative to the issuance of firearm licenses to environmental police officers (Senate, No. 2351) (on Senate bill No. 1222);

Severally passed to be engrossed by the Senate, were read; and they were referred, under Rule 33, to the committee on Ways and Means.

Bills

Further regulating the use of paint ball guns (Senate, No. 2308) (on Senate bill No. 1261);

Relative to emergency telecommunications (Senate, No. 2349) (on Senate bill No. 412);

Relative to crimes against the elderly and disabled persons (Senate, No. 2350) (on Senate bill No. 201);

Severally passed to be engrossed by the Senate, were read; and they were referred, under Rule 7A, to the committee on Steering, Policy and Scheduling.

Report of a Committee.

Mr. Rogers of Norwood, for the committee on Ways and Means, on House No. 5038, reported, in part, a Bill making appropriations for the fiscal year 2002 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 5074) [Direct Appropriations: $368,257,944.00; Retained Revenue: $2,450,000.00; Total Appropriations: $370,707,944.00; Revenue Offset: $151,133,354.00; Net Appropriation: $219,574,591.00], which was read.

Under suspension of the rules, on motion of Mr. Rogers of Norwood, the bill was read a second and (having been reported by the committee on Bills in the Third Reading to be correctly drawn) a third time forthwith; and it was passed to be engrossed. The same member moved that this vote be reconsidered, and the motion was considered forthwith; and it was negatived. Sent to the Senate for concurrence.

Engrossed Bill

The engrossed Bill relative to certain property tax assessments in the town of Windsor (see House bill printed in House, No. 4955) (which originated in the House), having been certified by the Clerk to be rightly and truly prepared for final passage, was passed to be enacted (more than two-thirds of the members having agreed to pass the same); and it was signed by the acting Speaker and sent to the Senate.

The engrossed Bill designating a certain square in the town of Dracut as the Captain John Ogonowski Memorial Square and a certain trail in the town of Cheshire as the Sergeant Daniel H. Petithory Memorial Trail (see House, No. 4749, amended) (which originated in the House), having been certified by the Clerk to be rightly and truly prepared for final passage, was passed to be enacted; and it was signed by the acting Speaker and sent to the Senate.

Orders of the Day.

The House Bill making appropriations for the fiscal year 2003 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. 5100, amended) was considered.

Pending the question on passing the bill, as amended, to be engrossed (Ms. Flavin of Easthampton 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 items 2000-0100, 2000-0106, 2000-9004, 2001-1001, 2010-0100, 2020-0100, 2100-1000, 2100-2002, 2100-2030, 2100-2041, 2100-2050, 2100-3010, 2100-3011, 2200-0100, 2200-0106, 2210-0100, 2210-0110, 2220-2220, 2220-2221, 2250-2000, 2250-2001, 2260-8870, 2260-8881, 2300-0100, 2300-0101, 2310-0200, 2310-0301, 2310-0316, 2310-0317, 2320-0100, 2330-0100, 2330-0120, 2330-0121, 2350-0101, 2410-0900, 2410-1000, 2410-1001, 2410-1200, 2440-1000, 2440-1202, 2440-2000, 2440-3001, 2440-4420, 2440-4421, 2440-5000, 2440-6000, 2443-2000, 2444-9001, 2511-0100, 2511-0105, 2511-3002, 8000-0102 and 8000-0104 and inserting in place thereof the following items: —

“2000-0100 For the office of the secretary, including the water resources commission, the hazardous waste facility site safety council, the coastal zone management program, environmental impact reviews conducted pursuant to chapter 30 of the General Laws, the mosquito-borne disease vector control program, and a central data processing center for the secretariat; provided, that the secretary of environmental affairs may enter into interagency agreements with any line agency within the secretariat whereby the line agency may render data processing services to said secretary; provided further, that not less than $45,000 shall be extended as a matching grant to the Mattapoisett River Valley Authority; provided further, that not less than $250,000 shall be expended for volunteer monitoring grants; provided further, that the office of administrative appeals shall be moved from under the auspices of the department of environmental protection to under the auspices of the executive office of environmental affairs; provided further, that said office shall maintain, to the fullest extent practicable, a complete physical and technological separation from any agency, department, board, commission or program whose decisions, determinations or actions may be appealed to it; provided further, that every decision issued by a commissioner or other head of agency, or a designee, following the issuance of a recommended decision by an administrative law judge of the environmental appeals board, shall be an agency decision subject to judicial review pursuant to chapter thirty A of the general laws; provided further, that said office’s administrative law judges shall be initially the persons who, on October 1, 2000, were serving as administrative law judges and chief administrative law judge in the office of administrative appeals of the department of environmental protection; provided further, that said secretary of environmental affairs in conjunction with the state comptroller shall file a report with the house and senate committees on ways and means not later than January 14, 2003; provided further, that the purpose of said report shall be to examine the structural balances of the budgeted environmental minor funds, so-called; provided further, that said report shall include, but not be limited to, the following funds: the Natural Heritage and Endangered Species fund, the Inland Fisheries and Game fund, the Environmental Challenge fund, the Toxics Use Reduction fund, the Clean Environment fund, the Environmental Permitting and Compliance fund, Underground Storage and Petroleum Products Cleanup fund, the Environmental Law Enforcement fund, the Public Access fund, the Harbor and Inland Water Maintenance fund, the Marine Fisheries fund, the Watershed Management fund, the Clean Air Act Compliance fund, the Second Century fund, the Ponkapoag Recreational fund, the Leo J. Martin Recreation fund, the Brownfields Revitalization fund, and the Safe Drinking Water Act fund; provided further, that said report shall include, but not be limited to, the following: (a) the current fund balances of each said fund, (b) the enabling statutes for each said fund, including amendments thereto, (c) a five year history of spending charged to and revenue credited to each said fund, (d) fiscal years 2002 and 2003 expenditures charged to each said fund by line item and amount, (e) fiscal years 2002 and 2003 revenues credited to each said fund by revenue source and amount, (f) projected revenue for each said fund for fiscal years 2003, 2004, 2005, (g) the structure or formula for each fee that supports each revenue source of each said fund, including the current fee, how long the current fee has been in place, the date on which the fee was last changed and by what amount, (h) a comparison of fees charged in other states for similar services or purposes, (i) the current amount of outstanding uncollected fees or fines by each fund, (j) recommendations for changes in fee structures or formulas to correct structural fund deficits, (k) recommendations for consolidation of the environmental minor funds, (l) recommendations for reductions in expenditures to correct structural fund deficits, (m) recommendations to reduce all fund deficits to zero by the end of fiscal year 2005; provided further, that said recommendations shall not include any proposal to deplete amounts from or divert revenues from the General Fund, Local Aid or Highway fund and shall include any legislation necessary to effectuate the orderly and cost-effective implementation of the elimination of said structural minor fund deficits; and provided further, that the comptroller may allocate the costs for such data processing services to the several state and other funds to which items of appropriation of such

agencies are charged 2,982,921

General Fund 60.0%

Local Aid Fund 40.0%

2000-0106 For space rental costs associated with the departments within the executive office, including the secretariat of environmental affairs, the department of environmental management, the department of fisheries, wildlife and environmental law enforcement and the department of food

and agriculture 3,946,493

General Fund 87.40%

Clean Environment Fund 4.88%

Toxics Use Reduction Fund 3.44%

Harbors and Inland

Waterways Fund 2.00%

Environmental Law

Enforcement Fund 0.57%

Public Access Fund 0.57%

Marine Fisheries Fund 0.57%

Inland Fisheries and

Game Fund 0.57%

2000-9004 For certain payments for the maintenance and use of the trailside museum and the Chickatawbut

Hill center 439,500

2000-9900 For the office of geographic and environmental information established pursuant to section 4B

of chapter 21A of the General Laws 385,378

2001-1001 The secretary of environmental affairs may expend an amount not to exceed $50,000 accrued from fees charged to authorities and units of government within the commonwealth, other than state agencies, for the distribution of digital cartographic and other data, and the review of environmental notification forms pursuant to the Massachusetts environmental policy act, for the

purposes of providing said services 50,000

2010-0100 For recycling and related purposes consistent with the recycling plan of the solid waste master plan which includes municipal equipment, a municipal recycling incentive program, recycled product procurement, guaranteed annual tonnage assistance, recycling transfer stations, source reduction and technical assistance, consumer education and participation campaign, municipal household hazardous waste program, the recycling loan program, research and development, recycling market development and recycling business development, and the operation of the Springfield materials recycling facility; provided, that the department shall be prohibited from increasing the number of full time employees paid from this line item above the number assigned to this item on March 1, 2002; provided further, that not less than $125,000 shall be expended for a public education campaign to encourage participation in existing curbside pick-up recycling programs for the city of Boston; provided further that, not less than $1,250,000 shall be expended on municipal equipment grants; provided further, that not less than $2,525,000 shall be expended on municipal recycling incentives; provided further, that the department of environmental protection shall expend not less than $1,375,000 for a program to preserve the continuing ability of redemption centers to maintain operations in pursuit of the commonwealth’s recycling goals consistent with section 323 of chapter 94 of the General Laws; provided further, that said redemption centers shall be eligible for such funds if they were registered with the commonwealth as of April 1, 2002 ; provided further, that for the purposes of this item and said chapter 94, a redemption center shall be any business registered with the commonwealth whose primary purpose is the redemption of reusable beverage containers; provided further, that such program shall take into consideration the volume of redeemables per redemption center, the length of time such center has been in operation, the number of returnables redeemed quarterly by such centers, the submission by such centers of documentation of their redeemed returnables to the department, and the costs of transportation, packing, storage and labor; and provided further, that the department shall make recommendations to the general court concerning such costs by

January 3, 2003 8,781,694

Clean Environment fund 100.0%

2020-0100 For toxics use reduction technical assistance and technology, in accordance with the provisions

of chapter 211 of the General Laws 1,596,731

Toxics Use

Reduction Fund 100.0%

2030-0102 For the operation of the division of environmental law enforcement; provided, that notwithstanding any general or special law, rule, or regulation to the contrary, the division of environmental law enforcement shall be under the control and direction of the secretary of the executive office of environmental affairs; provided further, that each county shall be assigned at least one full-time environmental officer; provided further, that officers shall be assigned to vacant patrol districts; provided further, that officers shall provide monitoring pursuant to the National Shellfish Sanitation Program; and provided further, that no funds from this item shall be expended for the purposes of item

2350-0104 9,813,795

Environmental Law

Enforcement Fund 50.66%

General Fund 34.20%

Highway Fund 15.14%

2030-0104 For environmental police private details; provided, that notwithstanding any general or special law, rule, or regulation to the contrary, the division of environmental law enforcement shall be under the control and direction of the secretary of the executive office of environmental affairs; and provided further, that the division is hereby authorized to expend revenues of up to $250,000 collected from fees charged for

private details 50,000

Environmental Law

Enforcement Fund 100.0%

2100-0005 For the department of environmental management pursuant to the provisions of section 10A½ of chapter 91 of the General Laws; provided, that expenditures from this item shall be solely from

the AA subsidiary, so-called 800,000

Harbors and Inland Waters

Maintenance Fund 88.48%

GeneralFund . 11.52%

2100-1000 For the operation of the department of environmental management; provided, that no expenditures shall be made on or after August 15, 2002 until said department has submitted a report to the house and senate committees on ways and means, detailing fiscal year 2002 expenditures, by account and project, on waterways and dredging projects; and provided further, that said report shall detail planned expenditures for

said projects in fiscal year 2003 2,243,541

Local Aid Fund 100.0%

2100-2002 The department may expend $80,000 from revenues received from interstate fire-fighting services authorized under section 44 of chapter 138 of the acts of 1991; provided, that the department may expend from this item an amount equal to out of pocket expenses and the costs of overtime and shift hours worked by employees of the department and the metropolitan district commission from reimbursements collected from the federal government for the costs of interstate fire-fighting; provided further, that the department shall allocate such amounts to the metropolitan district commission for such purposes; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, said department and commission 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 80,000

2100-2030 For the recreational and resource conservation operations of the department; provided, that funds appropriated herein shall be used to operate all of the department’s parks, heritage state parks, reservations, campgrounds, beaches, and pools, and for the oversight of rinks; provided further, that funds appropriated herein shall be used to protect and manage the department’s lands and natural resources, including the forest and parks conservation services and the bureau of forestry development; provided further, that not less than $75,000 shall be expended for the town of Braintree for a conservation and education program; provided further, that no funds from this item shall be made available for payment to true seasonal employees; and provided further, that the department is authorized to issue grants

to public and non-public entities from this item 20,542,416

2100-2041 The department may expend revenues collected up to a maximum of $2,450,000 from fees charged by the department credited to the Second Century fund for additional expenses, upkeep and improvements to the parks and recreation system of the department; provided, that no funds from this item shall be expended for the costs of personnel, including seasonal employees; provided further, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system; provided further, that no expenditures made in advance of the receipts shall be permitted to exceed 75 per cent of the amount of revenues projected to be credited to the Second Century fund by the first quarterly statement required by section 1B; and provided further, that the comptroller shall notify the budget director and the chairmen of the house and senate committees on ways and means at the time subsequent quarterly statements are published of the variance between actual and projected receipts credited to the Second Century fund in each such quarter and the implications of said variance for expenditures made from the Second Century fund; and provided further, that the department is authorized to issue grants to public and non-public entities

from this item 2,450,000

Second Century Fund 100.0%

2100-2050 The department of environmental management may expend revenues collected up to a maximum of $395,218 from campsite reservation transactions from the automated campground reservation and registration program, so-called; provided, that said funds shall be expended for the operation of said program; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payments amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state

accounting system 395,218

2100-3010 For the summer and fall seasonal hires of the department, including hires for the fire control unit; provided, that no funds from this item shall be expended for year-round seasonal employees; provided further, that seasonal employees who are hired prior to the second Sunday before Memorial Day and whose employment continues beyond the Saturday following Labor Day and who received health insurance benefits in fiscal year 2002 shall continue to receive such benefits in fiscal year 2003 during the period of their seasonal

employment 4,580,735

Local Aid Fund 90.0%

Highway Fund 10.0%

2100-3011 For the winter and spring seasonal hires of the department, including the fire control unit; provided, that no funds shall be expended from this item for year-round seasonal employees; provided further, that seasonal employees who are hired prior to the second Sunday before Memorial Day and whose employment continues beyond the Saturday following Labor Day and who received health insurance benefits in fiscal year 2002 shall continue to receive such benefits in fiscal year 2003 during the period of their

seasonal employment 2,238,974

Local Aid Fund 90.0%

Highway Fund 10.0%

2200-0100 For the operation of the department of environmental protection, including the environmental strike force, the office of environmental results and strategic planning, the bureau of resource protection, the Senator William X. Wall experimental station, and a contract with the University of Massachusetts for environmental research, notwithstanding the provisions of section 323F of chapter 94 of the General Laws; provided, that the provisions of section 3B of chapter 7 of the General Laws shall not apply to fees established pursuant to section 18 of chapter 21A of the General Laws; provided further, that enactment of the appropriations made available by this act to the department shall be deemed a determination, pursuant to subsection (m) of section 19 of chapter 21A of the General Laws; provided further, that notwithstanding any general or special law or regulation to the contrary, the said department shall promulgate emergency regulations to increase any existing permit or compliance fee as authorized under section 18 of chapter 21A of the General Laws, that has not been subject to modification in the last five fiscal years, to reflect the increase in the consumer price index since the date the existing fee was established; provided further, that not less than $100,000 shall be expended for grants to the town of Mendon for testing wells, blood, and remediation of illegal dumping; provided further, that the Commonwealth make every effort to seek reimbursement from those parties found responsible for said pollution; and provided further, that said increase shall be effec-

tive for fiscal year 2003 30,430,810

General Fund 37.05%

Environmental Permitting

and Compliance Fund 36.95%

Clean Environment Fund 26.00%

2200-0106 For the payment of charges assessed to the department of environmental protection for the payment of workers’ compensation, unemployment insurance, Medicare taxes, health security plan, and the group insurance commission extended leave chargeback, so-called; provided, that notwithstanding any general or special law to the contrary, before April 15, 2003 all funds appropriated in this item shall be scheduled in the DD subsidiary, so-called; provided further, that after said date, the commissioner of environmental protection, with the approval of the secretary of administration and finance, may transfer from said DD subsidiary to the KK subsidiary, so-called, or the NN subsidiary, so-called, of this account, an amount not to exceed 15 percent of the funds appropriated in this item, if the secretary of administration and finance certifies in writing to the house and senate committees on ways and means that the following conditions have been met: (1) that the charges owed by the department for workers’ compensation, unemployment insurance, Medicare taxes, health security plan and the group insurance commission extended leave chargeback, so-called are less than the amount appropriated in this item; (2) that the department does not require any supplemental appropriation in any of its other items of appropriation; (3) that the department is expected to meet the revenue targets established in sections 1A and 1B; and (4) that the department has not expended any funds for the payment of workers compensation, unemployment insurance, Medicare taxes, health security plan and the group insurance commission extended leave chargeback, so-called in any of its other items of appropriation; provided further, that the secretary of administration and finance shall notify the house and senate committees on ways and means of all transfers of funds between subsidiaries as authorized in this item; and provided further, that no funds shall be scheduled to any subsidiary in this account which is not

explicitly referenced in this item 496,384

General Fund 90.66%

Clean Air Act

Compliance Fund 6.13%

Toxics Use

Reduction Fund 3.21%

2210-0100 For the implementation and administration of chapter 21I of the General Laws; provided, that the department shall submit a report to the house and senate committees on ways and means on or before February 1, 2003 detailing the status of the department’s progress in meeting the statutory and regulatory deadlines associated with said chapter 21I and detailing the number of full-time equivalent positions assigned to various implementation require-

ments of said chapter 21I 988,526

Toxics Use

Reduction Fund 100.0%

2210-0110 For the implementation of the solid waste master

plan 7,000,000

Clean Environment

Fund 100.0%

2220-2220 For the administration and implementation of the federal Clean Air Act, including the operating permit program, the emissions banking program, the auto related state implementation program, the low emission vehicle program, the non-auto related state implementation program, and the commonwealth’s commitments under the New England Governor’s/Eastern Canadian Premier’s Action Plans for reducing acid rain

deposition and mercury emissions 1,220,445

Clean Air Act

Compliance Fund 100.0%

2220-2221 For the administration and implementation of the operating permit and compliance program

required under the federal Clean Air Act 2,333,394

Clean Air Act

Compliance Fund 100.0%

2250-2000 For the purposes of state implementation of the federal Safe Drinking Water Act pursuant to section 18A of chapter 21A of the General

Laws l,821,500

Safe Drinking Water

Act Fund 100.0%

2250-2001 For the administration of the state revolving fund 1,798,810

2260-8870 For the expenses of the hazardous waste cleanup and underground storage tank programs, notwithstanding section 323F of chapter 94 of the General Laws and section 2K of chapter 29 of the General Laws and section 4 of chapter 21J of the General Laws; provided, that the department shall submit a report to the house and senate committees on ways and means on or before October 1, 2002 detailing the number of full-time equivalent positions assigned to tier IA, tier IB, tier IC and tier II

projects 16,002,124

Clean Environment

Fund 55.47%

Environmental Challenge

Fund 40.33%

Underground Storage

Tank Petroleum

Product Cleanup Fund 4.20%

2260-8881 For the operations of the board of registration of hazardous waste site cleanup professionals, notwithstanding section 19A of chapter 21A of

the General Laws 351,198

Environmental Challenge

Fund 10.00%

2300-0100 For the office of the commissioner of fisheries and

wildlife 550,004

General Fund 62.50%

Environmental Law

Enforcement Fund 12.50%

Marine Fisheries Fund 12.50%

Public Access Fund 12.50%

2300-0101 For a program of riverways protection, restoration, and promotion of public access to rivers, including grants to public and non-public entities; provided, that the positions funded in this item shall not be subject to chapter 31 of the

General Laws 401,147

Public Access Fund 47.79%

General Fund 52.21%

Any federal funds received as reimbursements for expenditures from any of the following items shall be credited to the Inland Fisheries and Game Fund.

2310-0200 For the administration of the division of fisheries and wildlife, including expenses of the fisheries and wildlife board, the administration of game farms and wildlife restoration projects, for wildlife research and management, the administration of fish hatcheries, the improvement and management of lakes, ponds and rivers, for fish and wildlife restoration projects, the commonwealth’s share of certain cooperative fishery and wildlife programs, and for certain programs reimbursable under the federal Aid to Fish and Wildlife Restoration Act; provided, that funds from this item shall be made available to the University of Massachusetts at Amherst for the purposes of wildlife and fisheries research in an amount not to exceed the amount received in fiscal year 2002 for such research; provided further, that the department shall expend the amount necessary to restore anadromous fish in the Connecticut and Merrimack river systems; and provided further, that expenditures for such programs shall be contingent upon prior approval of the proper federal authorities for reimbursement of at least 75 per cent of the

amount so expended 7,239,786

Inland Fisheries and

Game Fund 100.0%

2310-0301 For the operation of a natural heritage and endan-

gered species program 652,130

General Fund 42.00%

Natural Heritage and

Endangered

Species Fund 35.70%

Inland Fisheries and

Game Fund 22.30%

2310-0316 For the purchase of land containing wildlife habitat and for the costs of the division of fisheries and wildlife directly related to the administration of the wildlands stamp program pursuant to sections 2 and 2A of chapter 131 of the General Laws; provided, that no funds shall be expended from this item in the AA subsidiary, so-called, for the compensation of state employees assigned to any item of appropria-

tion 1,419,000

Inland Fisheries and

Game Fund 100.0%

2310-0317 For the waterfowl management program pursuant to section 11 of chapter 131 of the General

Laws 85,000

Inland Fisheries and

Game Fund 100.0%

2320-0100 For the administration of the public access board, including the maintenance, operation, and improvements of public access land and water areas as authorized by section 17A of chapter 21 of the General Laws; provided, that trash dumpsters shall be prohibited in all public landing areas; provided further, that the division of fisheries and wildlife shall post signs in said areas prohibiting littering; provided further, that said signs shall require users of said public landings to carry off all personal belongings and trash; and provided further, that positions funded herein shall not be subject to the

provisions of chapter 31 of the General Laws 385,521

Public Access Fund 100.0%

2330-0100 For the operation of the division of marine fisheries, including expenses of the Annisquam river marine research laboratory, marine research programs, a commercial fisheries program, a shellfish management program including coastal area classification, mapping and technical assistance; provided, that $300,000 shall be expended on a recreational fisheries program to be reimbursed by federal funds; provided further, that not less than $45,000 shall be expended for shellfish propagation on the islands of Martha’s Vineyard and Nantucket, to be administered jointly by the state aquaculture coordinator, the Martha’s Vineyard Shellfish Group, Inc. and Nantucket County; provided further, that not less than $90,000 shall be expended for the joint operation of a shellfish propagation program on Cape Cod between the division and the Barnstable County Department of Health and Environment; provided further, that not less than $180,000 shall be expended to help mitigate the economic impact to Massachusetts ports from the change in federal fisheries regulations; and provided further, that said funds shall be administered by the University of Massachusetts at

Dartmouth SMAST 3,979,274

Marine Fisheries Fund 100.0%

2330-0120 For the division of marine fisheries for a program of enhancement and development of marine recreational fishing and related programs and activities, including the cost of equipment maintenance, staff and the maintenance and

updating of data 671,132

Marine Fisheries Fund 100.0%

2330-0121 For the division of marine fisheries to utilize reimbursable federal sportfish restoration funds to further develop marine recreational fishing and related programs, including the costs of activities that increase public access for marine recreational fishing, support research on artificial reefs, and otherwise provide for the development of marine recreational fishing; provided, that the division of marine fisheries may expend revenues up to $292,898 collected from federal sportfish restoration funds and from the sale of materials which promote marine recreational fishing; and provided further, that this expenditure shall generate an additional $285,000 reimbursement from the federal sportfish restoration program to the marine fisheries

fund 292,898

Marine Fisheries Fund 100.0%

2350-0101 For the hunter safety training program 500,109

Inland Fisheries and

Game Fund 100.0%

2410-1000 For the administration of the metropolitan district commission; provided, that said commission shall enter into an interagency agreement with the department of state police to provide police coverage on commission properties and parkways; provided further, that said department shall reimburse the commission for costs incurred by the commission including, but not limited to, vehicle maintenance and repairs, the operation of department buildings and other related costs; provided further, that notwithstanding the provisions of section 3B of chapter 7 of the General Laws, the commission is hereby authorized and directed to establish or renegotiate fees, licenses, permits, rents and leases, and to adjust or develop other revenue sources to fund the maintenance, operation, and administration of the commission; provided further, that an annual report shall be submitted to the house and senate committees on ways and means regarding fee adjustments not later than February 14, 2003; provided further, that notwithstanding the provisions of any general or special law or administrative bulletin to the contrary, the department shall not pay any fees charged for the leasing or maintenance of vehicles to the operational services division; provided further, that no funds shall be expended from this item for personnel overtime costs and provided further, that no expenditures shall be made from the amount appropriated other than

for those purposes identified herein 1,182,513

Local Aid Fund 75.0%

Highway Fund 25.0%

2410-1001 The commission may expend $100,000 for the operation and maintenance of the commission’s telecommunications system from revenues received from the Massachusetts Water Resources Authority, the Massachusetts Convention Center Authority, the department of highways Central Artery Ted Williams Tunnel Project, the department of state police, and quasi-public and private entities through a system of user fees and other charges established by the commissioner; provided, that this item shall not impair or diminish the rights of access and utilization of all current users of the system pursuant to agreements previously entered into with the commission; provided further, that this item may be reimbursed by political subdivisions of the commonwealth and private entities for direct and indirect costs expended by the commission to maintain said telecommunications system; and provided further, that no expenditures shall be made from the amount appropriated other than for those

purposes identified herein 100,000

2420-1400 For the watershed management program to operate and maintain reservoirs, watershed lands and related infrastructure of the commission; provided, that expenses incurred in other commission programs to assist the watershed management program may be charged to this item; provided further, that no water shall be diverted from the Connecticut river by the metropolitan district commission or the Massachusetts Water Resources Authority; provided further, that $500,000 shall be paid to the town of Clinton, pursuant to section 8 of chapter 307 of the acts of 1987, to compensate for the use of certain land; provided further, that the amount of said payment shall be charged to the Local Aid Fund and not be included in the amount of the annual determination of fiscal year charges to the Massachusetts Water Resources Authority assessed to said authority under section 113 of chapter 92 of the General Laws; provided further, that not less than 13 rangers shall be assigned to patrol watershed areas; provided further, that the commission shall submit quarterly reports to the house and senate committees on ways and means not more than 10 days after the end of the quarter detailing expenditures charged to the Watershed Management fund in the most recent quarter including the amount and a description of what was charged; and provided further, that no expenditures shall be made from the amount appropriated other than for those purposes iden-

tified herein 9,084,796

Watershed Management

Fund 94.5%

Local Aid Fund . 5.5%

2440-0010 For the administration, operation and maintenance of the metropolitan district commission parks and recreation division, for the maintenance, operation and related costs of the parkways, boulevards, roadways, bridges and related appurtenances under the care, custody, and control of the commission, for the flood control activities of said commission, and for the purchase of all necessary supplies and related equipment; provided, that no funding shall be made available from this item for true seasonal employees, so-called; and provided further, that no expenditures shall be made from the amount appropriated other than for those purposes identified herein; and provided further, that not less than $105,000 shall be expended for maintenance of the southwest corridor park and Pope John Paul Park in the city of Boston and shall enter into contracts for personnel and other resources necessary for such maintenance,

including the costs of three horticulturists 23,534,010

Highway Fund 60.0%

Local Aid Fund 40.0%

2440-0045 For payment to the city of Boston for maintenance and operation of the James Michael Curley

recreation center 293,116

Local Aid Fund 100.0%

2440-1000 The metropolitan district commission is hereby authorized to expend an amount not to exceed $200,000 from revenue generated pursuant to section 34B of chapter 92 of the General Laws; provided, that no expenditures shall be made from the amount appropriated other than for

those purposes identified herein 200,000

2440-1202 For the civilian crossing guards located at metropolitan district commission intersections where state police personnel previously performed such duties; provided, that no expenditures shall be made from the amount appropriated

other than for those purposes identified herein 211,246

2440-2000 For the expenses of snow and ice control on the metropolitan district commission parkways, including the costs of personnel; provided, that no expenditures shall be made from the amount appropriated other than for those purposes iden-

tified herein 579,696

Highway Fund 100.0%

2440-3000 For the extended rink season, including the costs of personnel; provided, that the metropolitan district commission is hereby authorized and directed to allocate skating rink rental time so as to promote the expansion of all youth hockey programs without discrimination by gender; and provided further, that no expenditures shall be made from the amount appropriated other than

for those purposes identified herein 307,775

Local Aid Fund 100.0%

2440-3001 The metropolitan district commission may expend an amount not to exceed $692,225 from skating rink fees and rentals for the operation and maintenance, including personnel costs, of four rinks between September 1, 2002 and April 30, 2003 for an expanded and extended rink season; provided, that no expenditures shall be made from the amount appropriated other than for those

purposes identified herein 692,225

2440-4420 For the operation and maintenance of the Ponkapoag golf course; provided, that the commission may expend revenues up to $900,000 collected from fees generated by the golf course; provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenue and related expenditures, the commission 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; and provided further, that no expenditures shall be made from the amount appropriated other than

for those purposes identified herein 900,000

Ponkapoag Recreational

Fund 100.0%

2440-4421 For the operation and maintenance of the Leo J. Martin golf course; provided, that the commission may expend revenues up to $700,000 collected from fees generated by the golf course; provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenue and related expenditures, the commission 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; and provided further, that no expenditures shall be made from the amount appropriated other than

for those purposes identified herein 700,000

Leo J. Martin

Recreational Fund 100.0%

2440-5000 For the summer and fall seasonal hires of the commission; provided, that no funds appropriated in this item shall be used for year-round seasonals; and provided further, that no expenditures shall be made from the amount appropriated other

than for those purposes identified herein 2,612,868

Highway Fund 60.0%

Local Aid Fund 40.0%

2440-6000 For the winter and spring seasonal hires of the commission; provided, that no funds appropriated in this item shall be used for year-round seasonals; and provided further, that no expenditures shall be made from the amount appropriated other than for those purposes identified

herein 523,403

Highway Fund 60.0%

Local Aid Fund 40.0%

2443-2000 For the operation of the Commonwealth Zoological Corporation, pursuant to chapter 92B of the General Laws; provided, that funds appropriated herein shall be expended for the purposes of promoting private fund-raising, achieving self-sufficiency and serving as a catalyst or urban economic development and job opportunities for local residents; provided further, that the corporation shall take all steps necessary to increase the amount of private funding available for the operation of the zoos; provided further, that the corporation shall report to the house and senate committees on ways and means no later than February 1, 2003 on the status of, and amounts collected from, the private fundraising and enhanced revenue efforts identified in the draft Massachusetts zoos business and operations plan dated December, 1996; provided further, that the corporation shall continue to provide free services and supplies, including, but not limited to, routine animal check ups, diagnosis and care, emergency veterinary needs, medications and medical supplies, vitamins and diet supplements and Zoo Prem feline diet, to the trailside museum and the Chickatawbut Hill center in the town of Milton; and provided further, that no expenditures shall be made from the amount appropriated other than for those purposes iden-

tified herein 3,500,000

Local Aid Fund 100.0%

2444-9001 For the construction, reconstruction, and improvement of boulevards, parkways, bridges, related appurtenances under the care, custody, and control of the metropolitan district commission; provided, that no expenditures shall be made from the amount appropriated other than for

those purposes identified herein 758,503

Highway Fund 100.0%

2444-9005 For the operation and maintenance of street lighting on metropolitan district commission parkways provided, that no expenditures shall be made from the amount appropriated other

than for those purposes identified herein 2,200,000

Highway Fund 100.0%

2460-1000 For the construction division; provided, that notwithstanding the provisions of any general or special law to the contrary, all offices and positions of the division shall be subject to classification under sections 45 to 50, inclusive, of chapter 30 of the General Laws provided that no expenditures shall be made from the amount appropriated other than for those purposes iden-

tified herein 2,396,220

Highway Fund 80.0%

Local Aid Fund . 20.0%

2511-0100 For the operation of the department of food and agriculture, including the office of the commissioner, the expenses of the board of agriculture, the division of dairy services, the division of regulatory services and animal health, including a program of laboratory services the expenses of the pesticides board, and the division of agricultural development and fairs; provided further, that not less than $160,000 shall be expended for the Southeastern Massachusetts Agricultural Partnership; provided further, that not less than $135,000 shall be expended for agricultural fair prizes and rehabilitation including the expenses of the agricultural lands board; and provided further, that allotment funds for 4-H activities may be expended from

this item 4,706,800

2511-0105 For the purchase of supplemental foods for the emergency food assistance program within the second harvest nationally-certified food bank system of Massachusetts; provided, that the funds appropriated herein shall be expended for food to be distributed by the greater Boston food bank as follows: 73.5 per cent to the greater Boston food bank, including a portion to be distributed to the Merrimack valley food bank pursuant to a contractual agreement between said food bank and the greater Boston food bank; 15.2 per cent to the food bank of western Massachusetts; and 11.3 per cent to the Worcester county food bank; and provided further, that not more than $150,000 shall be made available for a statewide nutrition education

program 430,000

2511-3002 For the integrated pest management program; provided that notwithstanding the provisions of any general law or special law to the contrary, 100 per cent of the amount appropriated herein shall be assessed upon certified commercial applicators, certified private applicator, licensed applicator, or contractors that spray, release, deposit, or apply pesticides at a school, day care center, or school age child care program; and provided further, that said companies or individuals shall pay assessments within 30 days after receiving notice from the commissioner of Food and Agriculture of the amounts due within, as established in Chapter 132B of

the General Laws 114,193

2511-4010 For the development of the aquaculture program, including promotion, marketing, industry unification, and a grant program, that is responsive to the needs of the Massachusetts aquaculture

industry 67,000”;

In section 2B by striking out item 2350-0102 and inserting in place thereof the following item:

“2030-0103 For the costs of overtime and special details provided by the executive office of environmental affairs’ division of environmental law enforce-

ment 160,000”;

In section 2D by striking out item 2340-9701 and inserting in place thereof the following item:

“2030-9702 For the purposes of a federally funded grant enti-

tled, Safe Boating Program 913,260”;

By adding at the end thereof the following section:

“SECTION 176. Notwithstanding any general or special law, rule, or regulation to the contrary, the division of environmental law enforcement shall be under the control and direction of the secretary of the executive office of environmental affairs. The secretary shall promulgate all rules and regulations necessary to implement the provisions of this section.”; and

by inserting after section 18 the following four sections:

“SECTION 18A. Section 6 of chapter 21 of the General Laws is hereby amended, in lines 1 and 2, by striking out the words ‘within the department of fisheries, wildlife and environmental law enforcement in the executive office of environmental affairs’ and inserting in place thereof the following words:— within the executive office of environmental affairs.

SECTION 18B. Said section 6 of said chapter 21 is hereby further amended, in the third sentence, by striking out the words ‘The commissioner of the department of fisheries, wildlife and environmental law enforcement shall appoint said director and may remove him with the approval of the secretary’ and inserting in place thereof the following:— The secretary of the executive office of environmental affairs shall appoint and remove said director.

SECTION 18C. Section 6F of chapter 21 of the General Laws is hereby amended, in the ninth paragraph, by striking out the words ‘The commissioner of the department of fisheries, wildlife and environmental law enforcement’ and inserting in place thereof the following:— The secretary of the executive office of environmental affairs.

SECTION 18D. Section 8 of chapter 21A of the General Laws is hereby amended, in the sixth paragraph, by striking out the words ‘division of law enforcement, boating and recreational vehicle safety advisory board’.”; and

By inserting after section 33 the following section:

“SECTION 33A. Group 4 of section 3 of chapter 32 of the General Laws is hereby amended, in line 1, by striking out the words ‘Division of law enforcement of the department of fisheries, wildlife and recreational vehicles’ and inserting in place thereof the following words:— Division of environmental law enforcement within the executive office of environmental affairs.”

After debate Mr. Peterson of Grafton, et als moved that the amendments offered by Mr. Rogers of Norwood and other members of the House be amended by inserting after item 2330-0121 the following item:

“2350-0100 For the operation of the division of environmental law enforcement; provided, that each county shall be assigned at least 1 full-time environmental officer; provided further, that officers shall be assigned to vacant patrol districts; provided further, that officers shall provide monitoring pursuant to the National Shellfish Sanitation Program; and provided further, that no funds from this item shall be expended for

the purpose of item 2350-0104 9,813,795

Environmental Law

Enforcement Fund 50.66%”;

General Fund 34.20%”;

Highway Fund 15.14%”;

and by inserting after item 2350-0101 the following item:

“2350-0104 For environmental police private details; provided, that the division is hereby authorized to expend revenues of up to $250,000 collected from fees

charged for private details 250,000

Environmental Law

Enforcement Fund 100.0%”

After remarks the further amendments were rejected.

On the question on adoption of the amendments offered by Mr. Rogers of Norwood and other members of the House, the sense of the House was taken by yeas and nays, at the request of Mr. Koczera of New Bedford; and on the roll call 153 members voted in the affirmative and 1 in the negative.

[See Yea and Nay No. 350 in Supplement.]

Therefore the amendments were adopted.

At twenty-eight minutes after 12 o’clock noon (Wednesday, May 15), on motion of Mr. Finneran of Boston (Ms. Flavin of Easthampton being in the Chair), the House recessed until half past one o’clock P.M.; and at twenty-three minutes before two o’clock the House was called to order with Mr. Koutoujian of Newton in the Chair.

The Chair (Mr. Koutoujian) thereupon declared a further recess until two o’clock; and at seven minutes after two o’clock the House was called to order with Mr. Wagner of Chicopee 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 items 7006-0010 and 7006-0020 and inserting in place thereof the following two items:

“7006-0010 For the operation of the division of banks; provided, that notwithstanding any general or special law to the contrary, 100 per cent of the amount appropriated in this item shall be assessed upon financial institutions which the division currently regulates pursuant to powers granted to said division by the general laws, a

special law or state regulations 10,677,921

7006-0020 For the operation of the division of insurance; including the expenses of the board of appeal on motor vehicle policies and bonds, and certain other costs of supervising motor vehicle liability insurance and the expenses of the fraudulent claims board; provided, that the positions of counsel I and counsel II shall not be subject to the provisions of chapter 31 of the General Laws; provided further, that contracts or orders for the purchase of statement blanks for the making of annual reports to the commissioner of insurance shall not be subject to the restrictions prescribed by section 1 of chapter 5 of the General Laws; provided further, that the division shall maintain a phone system in its western Massachusetts office that will immediately transfer calls made to that office to the consumer assistance office in Boston during any business hours when the western Massachusetts office is closed; provided further, that the division shall have an employee or other such person answering all initial incoming telephone calls, excluding all direct in-dial calls, between the hours of 9:00 a.m. and 5:00 p.m.; provided further, that the division shall designate an employee to handle all incoming calls relative to chapter 218 of the acts of 1995 or regulations promulgated under section 2 of said chapter 218; provided further, that notwithstanding any general or special law to the contrary, for fiscal year 2003, 27.825 per cent of the amount appropriated in this item shall be assessed upon the insurance companies licensed to operate in the Commonwealth; provided further, that for fiscal year 2004, said assessment amount shall be 55.65% of the amount appropriated herein; provided further, that there shall be established a special commission to conduct an investigation and study of the level and source of funds and the assessment on the division of insurance; provided further, that said study shall include, but not be limited to, an evaluation of the current assessment and fee structure at the division and moving said division to an assessment based funding; provided further, that said commission shall be chaired by the chairs of the joint committees on insurance or their designees, the chairs of the house and senate committees on ways and means, or their designees, the commissioner of insurance or his designees, the secretary of administration and finance, one representative from the life insurance association of Massachusetts, one representative for the property and casualty insurance industry representing companies that sell insurance in less than 10 states, one representative for the property and casualty insurance industry representing companies that sell insurance in more than 10 states, one representative from the health insurance industry, one representative from the Massachusetts association of insurance agents and one representative from the Massachusetts bankers insurance association; provided further, that said commission shall file its report its results and any recommendations along with the legislation necessary to effectuate said recommendations with the joint committee on insurance, the house and senate committees on ways and means and the clerks of the house and senate no later than December 15, 2002; of one provided further, that the division of insurance trust fund shall be reimbursed for the amount appropriated herein and for associated indirect and direct fringe benefit costs from assessments levied pursuant to section 5D of chapter 29 of the General Laws; and provided further, that the commissioner shall work in conjunction with the secretary of administration and finance in developing and implementing a plan to ensure the collec-

tion of all assessments required herein 9,084,237

General Fund 33.39%

Highway Fund 22.26%

Division of Insurance

Trust Fund 44.35% ”;

In item 7006-0110 by striking out the figures “2,118,088” and inserting in place thereof the figures “3,206,422”;

By inserting after item 7006-0130 the foliowing two items:

“7006-1000 For the operation of the division of energy

resources 600,000

7006-1001 For the residential conservation service program pursuant to chapter 465 of the acts of 1980, and the commercial and apartment conservation service program pursuant to section 11A of

chapter 25A of the General Laws 197,715”;

and by adding at the end thereof the following section:

“SECTION 177. Section 22 of Chapter 482 of the Acts of 1993 is hereby amended by striking out, in lines 11, 12, and 13, the following language, ‘and a twenty-five dollar annual surcharge on the licensing fee paid by property and casualty insurance brokers and property and casualty agents of direct writers registered with the division of insurance’ and inserting in place thereof the following phrase:— a surcharge equal to twenty-five dollars per year on the license, payable at the time on the licensing fee paid by insurance producers licensed in property and/or casualty lines of insurance by the division of insurance.”.

Pending the question on adoption of the amendments, Mr. Marini of Hanson and other members of the House moved that the amendments offered by Mr. Rogers of Norwood, et als, be amended by adding at the end thereof the following section:

“SECTION 178. Chapter 10 of the General Laws as appearing in the 2000 Official Edition is hereby amended by striking section 35M and inserting in place thereof the following:—

Section 35M. There shall be established upon the books of the commonwealth a separate fund to be known as the board of registration in medicine trust fund to be used, without prior appropriation, by the board established in section 10 of chapter 13. The board shall deposit into the trust fund all collected revenues. All monies deposited into the fund shall be expended exclusively by the board for its operations and administration; provided, however, that any unexpended balance at the end of the fiscal year shall revert to the General Fund. The board may incur expenses, and the comptroller may certify for payment, amounts in anticipation of expected receipts; provided, however, that no expenditure shall be made from the fund, which shall cause the fund to be in deficit at the close of each fiscal year.”.

After remarks the further amendment was rejected.

The amendments offered by Mr. Rogers of Norwood, et als, then were adopted.

At three minutes before three o’clock P.M. (Wednesday, May 15), the Chair (Mr. Wagner of Chicopee) declared a recess until half past the hour of three o’clock; and at five minutes after four o’clock the House was called to order with the Speaker 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 items 0330-0300 to 0337-0500, inclusive, and inserting in place thereof the following items:

“0330-0300 For the central administration of the trial court, including costs associated with trial court non-employee services, trial court dental and vision health plan agreement, jury expenses, trial court law libraries, county courthouse leases, statewide telecommunications, private and municipal court rental and leases, operation of courthouse facilities, witness fees, printing expenses, equipment maintenance and repairs, court interpreter program, and insurance and chargeback costs; provided, that notwithstanding the provisions of section 9A of chapter 30, or any general or special law to the contrary, the rights afforded to a veteran, pursuant to said section of said chapter, shall also be afforded to any veteran, as so defined, who holds a trial court office or position in the service of the commonwealth not classified under chapter 31, other than an elective office, an appointive office for a fixed term or an office or position under section seven of chapter 30, and who (1) has held such office or position for not less than one year and (2) has 30 years of total creditable service to the commonwealth, as such service is defined in chapter 32; provided further, that there shall be a special commission of the house of representatives to examine and evaluate the various issues relating to the administration, management and operation of the judiciary; provided further, that said issues shall include the following: (1) the administrative organization and structure of the judiciary, including, but not limited to, the consolidation of the seven departments of the trial court into one unified trial court system, the management of the trial court by a non-judicial, professional administrator, and the administration of the individual divisions or places for holding court within the trial court, (2) the fiscal practices and policies of the judiciary to allocate, manage and spend appropriations, (3) the process to develop, create and administer the budget for the judiciary, (4) the post appointment review and evaluation of judges and clerk-magistrates, (5) the personnel policies and practices, including the hiring, supervision and evaluation of employees in all court departments, (6) changes in the code of judicial conduct, (7) changes in the code of conduct for clerk-magistrates and all employees, (9) the process and procedure to improve discipline for misconduct upon judges, clerk-magistrates and all other employees, (10) the public process for evaluating judicial conduct and the administration of justice, (11) the practice and policies for the implementation of technology, including planning, usage and spending, (12) the use of technology to enhance the public’s confidence in the judiciary, (13) sentencing standards and guidelines, including mandatory sentencing, appropriate exercise of judicial discretion and the commonwealth’s right to appeal sentencing decisions, (14) treatment of victims and victim’s families including, but not limited to, an evaluation of the judicial compliance with the assessments required pursuant to section eight of chapter 258B, (15) the management, maintenance and construction of court facilities, and (16) the operation of the courts, including assignments of personnel, transferability of funds and the scheduling of court sessions; provided further, that members of the commission shall include the chief justice of the supreme judicial court or her designee, the chief justice for administration and management or her designee, 5 members appointed by the speaker of the house of representatives, one of whom shall chair the commission, one of whom shall be from a private business, one of whom shall be from academia and two others so chosen by the speaker; provided further, that said commission shall submit a report to the house of representatives within 120 days after the formation and appointment of said commission so that any legislative recommendations may be fully considered during the next legislative session; provided further, that the trial court shall submit a report to the victim and witness assistance board detailing the amount of assessments imposed within each court by a justice or clerk-magistrate during the previous calendar year pursuant to section 8 of chapter 258B of the General Laws; provided further, that said report shall include, but not be limited to, the number of cases in which said assessment was reduced or waived by a judge or clerk-magistrate within said courts; provided further, that not less than $40,000 shall be expended for the north shore community mediation program in Salem; provided further, that said report shall be submitted to the victim and witness assistance board on or before January 15, 2003; and provided further, that the office of the Franklin County Community Relations Coordinator of the Greenfield District Court shall conduct a needs assessment study of the child care facility needs of all trial court departments in Franklin county, including an assessment of any adverse impacts on children who are not currently served by such a facility, and shall make a written report to the chief justice for administration and management and the House and Senate committees on ways and means on or before February 1, 2003 with recommendations including the estimated

costs for the operation of such a facility 97,089,150

0330-0317 For the operation and expenses of the Massachusetts sentencing commission, pursuant to

chapter 211E of the General Laws 232,756

0330-0441 For permanency mediation services in the probate

and juvenile courts 476,598

0330-2410 For the operation of the judicial training institute 500,000

0330-3200 For the court security program, including personnel and expenses; provided, that security guards and court officers may be available for assignment in accordance with juvenile court expansion funded pursuant to item 0337-0003; provided further, that all other per diem court officers shall be paid the daily rate in accordance with collective bargaining agreements; and provided further, that the chief justice for administration and management shall submit a report to the house and senate committees on ways and means not later than January 30, 2003, detailing the number of court officers and security personnel located in each trial court of

the commonwealth 49,280,892

0330-3420 The chief justice for administration and management may expend revenues up to a maximum of $1,000,000 from fees charged for attorney representation of indigent clients; provided, that the only revenue available for expenditure in this item for fiscal year 2003 shall be revenue collected in excess of the amount collected in fiscal year 2002 from said fees; and provided further, that the comptroller shall certify to said chief justice of administration and finance upon collection of fiscal year 2003 revenues in excess of fiscal year 2002 revenue from said

fees 1,000,000

0330-4500 For the buyback costs associated with the trial

court early retirement program 1,110,494

0331-0100 For the administrative office of the superior court

department 7,651,412

0331-0300 For medical malpractice tribunals established in accordance with the provisions of section 60B

of chapter 231 of the General Laws 72,401

0331-2100 For the Barnstable superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record

keeping 635,141

0331-2200 For the Berkshire superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record

keeping 237,304

0331-2300 For the Bristol superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record

keeping 1,161,881

0331-2400 For the Dukes superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record

keeping 189,004

0331-2500 For the Essex superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record

keeping 1,704,984

0331-2600 For the Franklin superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record

keeping 365,748

0331-2700 For the Hampden superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record

keeping 1,475,692

0331-2800 For the Hampshire superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record

keeping 345,501

0331-2900 For the Middlesex superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record

keeping 3,911,740

0331-3000 For the Nantucket superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record

keeping 159,273

0331-3100 For the Norfolk superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record

keeping 1,528,802

0331-3200 For the Plymouth superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record

keeping 1,289,990

0331-3300 For the Suffolk superior civil court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record

keeping 3,656,645

0331-3400 For the Suffolk superior criminal court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and

record keeping 2,285,348

0331-3404 For an education and community outreach pilot program to be administered in the Suffolk supe-

rior criminal court 218,825

0331-3500 For the Worcester superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record

keeping 1,302,817

0332-0100 For the administrative office of the district court department, including a civil conciliation pro-

gram 1,180,294

0332-1100 For the first district court of Barnstable 2,005,641

0332-1200 For the second district court of Barnstable at Orleans 1,234,818

0332-1203 For the third district court of Barnstable at Falmouth 1,048,035

0332-1300 For the district court of northern Berkshire at

Adams, North Adams and Williamstown 697,123

0332-1400 For the district court of central Berkshire at Pittsfield 1,272,205

0332-1500 For the district court of southern Berkshire at Great

Barrington and Lee 538,610

0332-1600 For the first district court of Bristol at Taunton 1,993,208

0332-1700 For the second district court of Bristol at Fall River 2,799,806

0332-1800 For the third district court of Bristol at New Bedford 3,110,046

0332-1900 For the fourth district court of Bristol at Attleboro 1,386,511

0332-2000 For the district court of Edgartown 303,342

0332-2100 For the first district court of Essex at Salem 1,993,822

0332-2300 For the third district court of Essex at Ipswich 432,112

0332-2400 For the central district court of northern Essex at

Haverhill 1,886,154

0332-2500 For the district court of eastern Essex at Gloucester 917,841

0332-2600 For the district court of Lawrence 3,404,875

0332-2700 For the district court of southern Essex at Lynn 2,915,362

0332-2800 For the district court of Newburyport 1,449,554

0332-2900 For the district court of Peabody 1,299,488

0332-3000 For the district court of Greenfield 1,154,701

0332-3100 For the district court of Orange 673,449

0332-3200 For the district court of Chicopee 1,145,604

0332-3300 For the district court of Holyoke 1,286,095

0332-3400 For the district court of eastern Hampden at Palmer 829,153

0332-3500 For the district court of Springfield 4,090,660

0332-3600 For the district court of western Hampden at West-

field 885,401

0332-3700 For the district court of Hampshire at Northampton 1,788,292

0332-3800 For the district court of eastern Hampshire at Ware 651,896

0332-3900 For the district court of Lowell 3,483,762

0332-4000 For the district court of Somerville 2,476,818

0332-4100 For the district court of Newton 980,422

0332-4200 For the district court of Marlborough 1,104,784

0332-4300 For the district court of Natick 881,927

0332-4400 For the first district court of eastern Middlesex at

Malden 2,196,639

0332-4500 For the second district court of eastern Middlesex

at Waltham 1,513,319

0332-4600 For the third district court of eastern Middlesex at

Cambridge 3,340,630

0332-4700 For the fourth district court of eastern Middlesex at

Woburn 2,268,135

0332-4800 For the first district court of northern Middlesex at

Ayer 1,063,980

0332-4900 For the first district court of southern Middlesex at

Framingham 2,174,458

0332-5000 For the district court of central Middlesex at Con-

cord 1,324,363

0332-5100 For the district court of Nantucket 270,535

0332-5200 For the district court of northern Norfolk at Dedham; provided, that one court officer shall be designated by the first justice of said court as the chief court officer; provided further, that said designation shall not result in the hiring of any additional personnel; and provided further, that said designation shall occur without addi-

tional cost to the commonwealth 1,916,816

0332-5300 For the district court of East Norfolk at Quincy 4,694,560

0332-5400 For the district court of western Norfolk at Wren-

tham 1,539,393

0332-5500 For the district court of southern Norfolk at

Stoughton 1,617,593

0332-5600 For the municipal court of Brookline 865,775

0332-5700 For the district court of Brockton 3,221,016

0332-5800 For the second district court of Plymouth at

Hingham 1,871,986

0332-5900 For the third district court of Plymouth at Plymouth 2,058,437

0332-6000 For the fourth district court of Plymouth at

Wareham 1,944,289

0332-6100 For the district court of Brighton 1,318,585

0332-6200 For the district court of Charlestown 719,024

0332-6300 For the district court of Chelsea 2,324,121

0332-6400 For the municipal court of the Dorchester district 4,478,624

0332-6500 For the district court of East Boston 1,727,356

0332-6600 For the district court of Roxbury 3,646,073

0332-6700 For the district court of South Boston 1,068,692

0332-6800 For the district court of West Roxbury 2,106,573

0332-6900 For the central district court of Worcester 4,076,931

0332-7000 For the district court of Fitchburg 1,401,096

0332-7100 For the district court of Leominster 1,012,867

0332-7200 For the district court of Winchendon 286,630

0332-7300 For the first district court of northern Worcester at

Gardner 1,206,927

0332-7400 For the first district court of eastern Worcester at

Westborough 1,030,997

0332-7500 For the second district court of eastern Worcester at

Clinton 807,755

0332-7600 For the district court of southern Worcester at

Dudley 1,292,040

0332-7700 For the second district court of southern Worcester

at Uxbridge 916,312

0332-7800 For the third district court of southern Worcester at

Milford 1,000,951

0332-7900 For the district court of western Worcester at East

Brookfield 888,667

0333-0002 For the administrative office of the probate and family court department; provided, that the case manager shall meet monthly with the department of social services and shall report quarterly to the house and senate committees on ways and means on the backlog of cases in the probate court and the parties’ progress made in

such backlog each month 1,836,044

0333-0100 For the Barnstable probate court 1,595,518

0333-0150 For the operation of a child and parents program in the Barnstable probate court; provided, that this item shall not be subject to paragraphs (a) and (b) of clause (xxiii) of the third paragraph of

section 9 of chapter 211B of the General Laws 97,020

0333-0200 For the Berkshire probate court 827,363

0333-0300 For the Bristol probate court 2,536,553

0333-0400 For the Dukes probate court 227,722

0333-0500 For the Essex probate court 2,540,718

0333-0600 For the Franklin probate court 873,036

0333-0700 For the Hampden probate court 2,521,157

0333-0711 For the operation of the Berkshire, Franklin, Hampden and Hampshire family court clinic to be administratively located in the city of Springfield and to serve the Berkshire, Franklin, Hampden and Hampshire divisions of the probate

court 48,510

0333-0800 For the Hampshire probate court 987,373

0333-0900 For the Middlesex probate court 5,346,160

0333-0911 For the Middlesex probate court family services

clinic 236,477

0333-1000 For the Nantucket probate court 172,886

0333-1100 For the Norfolk probate court 2,678,941

0333-1111 For the Norfolk probate court family services clinic 103,980

0333-1200 For the Plymouth probate court 2,401,381

0333-1300 For the Suffolk probate court 3,770,928

0333-1313 For the Suffolk probate community access program of community outreach and education; provided, that said program shall be targeted at low income persons who experience educational and language barriers to court access; and provided further, that said program shall be administered by the register of probate of Suffolk

county 231,165

0333-1400 For the Worcester probate court 2,760,495

0333-1411 For the Worcester probate court family services

clinic 206,697

0334-0001 For the operation of the land court; provided, that funds shall be expended for additional oper-

ating and personnel expenses 2,896,457

0335-0001 For the operation of the Boston municipal court 8,483,224

0336-0002 For the administrative office of the housing court

department 115,389

0336-0100 For the Boston housing court 1,046,052

0336-0200 For the western division of the housing court 740,132

0336-0300 For the Worcester county housing court 720,157

0336-0400 For the southeastern division of the housing court 1,311,746

0336-0500 For the northeastern division of the housing court 729,641

0337-0002 For the administrative office of the juvenile court

department 1,181,789

0337-0003 For the personnel and expenses associated with the expansion of the juvenile court, including Berkshire, Essex, Hampshire/Franklin, Hampden, Middlesex, Norfolk, Plymouth, Suffolk,

Worcester and Nantucket/Dukes counties 16,930,970

0337-0100 For the Boston juvenile court 3,625,130

0337-0200 For the Bristol juvenile court 3,088,034

0337-0300 For the Springfield juvenile court l,757,493

0337-0400 For the Worcester juvenile court 1,577,869

0337-0500 For the Barnstable county juvenile court located in

the town of Plymouth 2,121,275”;

By adding at the end thereof the following two sections:

“SECTION 178. The first sentence of section 117 of chapter 231 of the general laws, as appearing in the 2000 official edition, is hereby amended by inserting after the words ‘superior court’ in the first clause, the following words:— the land court.

SECTION 179. The first sentence of said section 117 of said chapter 231 of the general laws, as so appearing, is hereby further amended by inserting after the words ‘or any other justice of said court, or’, the following words:— the justice of the land court.”.

After debate on the question on adoption of the amendments offered by Mr. Rogers of Norwood and other members of the House, the sense of the House was taken by yeas and nays, at the request of Mr. Fagan of Taunton; and on the roll call 151 members voted in the affirmative and 2 in the negative.

[See Yea and Nay No. 351 in Supplement.]

[Messrs. Donnelly of Boston and Locke of Wellesley answered “Present” in response to their names.]

Therefore the amendments were adopted.

Mr. Rogers of Norwood and other members of the House moved that the bill be amended in section 2 by striking out items 0320-0016, 0321-1500, 0321-1504, 0321-1510, 0321-1512, 0321-1520, 0321-1600 and 0321-1610 and inserting in place thereof the following items:

“0320-0016 For the cost of upgrading and purchasing computer equipment for the supreme judicial court and

the appeals court of the commonwealth 422,770

0321-1500 For the operation of the committee for public counsel services as authorized by chapter 211D of the General Laws, including expenses for an audit and oversight unit; provided, that employee compensation levels funded herein shall not exceed the compensation levels in

fiscal year 2002 7,634,743

0321-1504 For matching grants to be administered by the committee for public counsel services for the Youth Advocacy Program; provided, that said grants shall be contingent upon a matching amount of not less than one dollar for every dollar dis-

bursed from this item 349,345

0321-1510 For compensation paid to private counsel assigned to criminal cases under the provisions of subsection (b) of section 6 of chapter 211D of the General Laws, pursuant to section 12 of said chapter 211D; provided, that not more than $500,000 of the sum appropriated herein may be expended for services rendered prior to fiscal year 2003; provided further, that the chief counsel may transfer funds to item 0321-1512 as necessary, pursuant to schedules submitted to the house and senate committees on ways and means 30 days before any such transfer; provided further, that notwithstanding section 70C of chapter 277 of the General Laws or any other general or special law to the contrary, the court shall treat violations of the following general laws as civil infractions; section 36 of chapter 85, sections 1, 5, 7A, 8 and 9 of chapter 89, sections 6, 7Q, 12, 14, 14B, 22B, 26A, 31, of chapter 90, sections 34A, 34B and 34C of chapter 138, section 16 of chapter 270, and sections 2 and 5 of chapter 271; provided further, that persons complained of for violations of said laws or violations set forth in 720 CMR 9.05 and 9.06 shall be adjudicated responsible upon such findings by the court and shall neither be sentenced to any term of incarceration nor be entitled to appointed counsel as established in chapter 211D; and provided further, that the rates of compensation paid for private counsel services from this item shall be the same as the rates paid in fiscal year

2001 44,850,000

0321-1512 For compensation paid to private counsel assigned to family law and mental health cases under subsection (b) of section 6 of chapter 211D of the General Laws, pursuant to section 12 of said chapter 211D; provided, that not more than $500,000 of the sum appropriated herein may be expended for services rendered prior to fiscal year 2003; provided further, that the chief counsel may transfer funds to item 0321-1510 as necessary, pursuant to schedules submitted to the house and senate committees on ways and means 30 days before any such transfer; and provided further, that the rates of compensation paid for private counsel services from this item shall be the same as the rates paid in

fiscal year 2001 23,812,500

0321-1520 For fees and costs as defined in section 27A of chapter 261 of the General Laws, as ordered by a justice of the appeals court or a justice of a department of the trial court of the commonwealth on behalf of indigent persons, as defined in said section 27A of said chapter 261; provided, that not more than $500,000 of the sum appropriated herein may be expended for serv-

ices rendered prior to fiscal year 2003 8,177,616

0321-1600 For the Massachusetts Legal Assistance Corporation to provide legal representation for indigent or otherwise disadvantaged residents of the commonwealth; provided, that $1,154,604 shall be expended for the disability benefits project, $530,906 shall be expended for the medicare advocacy project, and $2,313,028 shall be expended for the battered women’s legal assistance project; provided further, that said corporation shall submit a report to the house and senate committees on ways and means not later than January 30, 2003 that shall include, but not be limited to the following: (a) the number of persons said programs assisted in the prior fiscal year; (b) any proposed expansion of legal services delineated by type of service, target population, and cost; (c) the total number of indigent or otherwise disadvantaged residents of the commonwealth who received services by said corporation, by type of case and geographic location; provided further, that the first paragraph of section 9 of chapter 221A of the General Laws shall not apply to said programs; and provided further, that said corporation may contract with any organization for the purpose

of providing such representation 3,998,538

0321-1610 For the Massachusetts Legal Assistance Corporation for the purpose of distributing funds for general operating costs of local and statewide civil legal services providers; provided, that said corporation shall submit a plan to the house and senate committees on ways and means not later than February 15, 2003 on the proposed implementation of expanding legal services for civil cases; and provided further, that said plan shall detail the amounts and sources of funding to be secured by said corporation for the purposes of said expansion, the dates upon which said funding shall be available from each such source, and the proposed distribution of such expansion funds by type of

case, and geographic location 4,495,000

0321-2000 For the operation of the mental health legal advisors committee and for certain programs for the indigent mentally ill, as provided in section 34E

of chapter 221 of the General Laws 502,686;”

By striking out item 0321-2205 and inserting in place thereof the following item:

“0321-2205 For the expenses of the social law library located in

Suffolk county 1,644,558”;

and by striking out sections 89, 90, 92 and 94 (as printed).

Mr. DeLeo of Winthrop being in the Chair, the amendments were adopted.

Mr. Sullivan of Braintree and other members of the House moved that the bill be amended in section 2 by inserting after item 6000-0110 the following item:

“6005-0015 For certain assistance to the regional transit authorities, including operating grants and reimbursements to increase the accessibility of transit provided to the elderly and disabled under the mobility assistance program, the regional transit authority program, and the intercity bus capital assistance program; provided, that the commonwealth, acting by and through the executive office for administration and finance, for the period beginning July 1, 2002 and ending June 30, 2003, may enter into contracts with the authorities; provided further, that notwithstanding the provisions of section 152A of chapter 161, and of section 23 of chapter 161B of the General Laws, at least 50 per cent and up to 75 per cent of the net cost of service of each authority incurred in fiscal year 2002 shall be paid by the commonwealth, and shall not be assessed upon the cities and towns constituting the authorities; provided further, that the share assessed upon said cities and towns shall be at least 25 per cent of said net cost of service; provided further, that in the event that 25 per cent of said net cost of service of each authority exceeds 102.5 per cent of the previous year’s local assessment, excluding payments made by cities and towns for the costs of new service, for which said cities and towns have not previously been assessed, as allowed by chapter 580 of the acts of 1980, the regional transit authority shall reduce its operating expenses or increase its revenues to meet the difference; provided further, that operating expenditures of each of the regional transit authorities for fiscal year 2003 shall not exceed 102.5 per cent of its operating expenditures for fiscal year 2002; provided further, that for the purposes of this item operating expenditures shall not include federal, private or additional municipal non-state revenue sources or any expenses arising from the provision of services required by the Americans with Disabilities Act, or new services implemented after July 1, 1999 in an amount not to exceed a total of $3,613,905 for the 15 regional transit authorities; provided further, that said new services must have first received approval of the appropriate regional transit authority advisory board; provided further, that not less than 25 per cent of the net cost of service of said new services shall be assessed to the cities and towns of the appropriate transit authority, as detailed previously in this item; provided further, that each regional transit authority which provides said new services must file a report with the house and senate committees on ways and means and the joint committee on transportation, detailing the total costs and revenues associated with said new service; provided further, that the cost of said new services shall not annualize to more than $3,613,905; provided further, that not later than January 1, 2003, each of the 15 regional transit authorities shall submit to the house and senate committees on ways and means a report detailing any and all revenues collected as a result of services provided pursuant to item 4401-1001; provided further, that the regional transit authorities shall implement structural, managerial and administrative reforms in order to achieve cost savings in services provided by said authorities; provided further, that said reforms shall include but not be limited to: improved financing procedures for capital needs, approved plans for short- and long-term service, a coordinated program of mass transportation for the regional transit authorities that provides standards of service for said authorities for types of service, passenger miles, hours of service, cost of service by route and mile and passenger, non transportation revenue and system revenue generating options included but not limited to fare revenue and advertising revenue, assessments on member cities and towns, net operating investment per passenger-mile ratio and service quality standards; provided further, that said program shall involve an approach to service coordinated with the massachusetts bay transportation authority and other transit providers in order to achieve maximum efficiency of regional transit authority service routes; provided further, that all regional transit authorities shall achieve the fair recovery ratio of 40 percent within 48 months from the effective date of this act; and provided further, that the massachusetts association of regional transit authorities shall on or before November 15, 2002, report to the joint committee on transportation and the house and senate committees on ways and means on the operations of said authorities in the first half of fiscal year 2003, and focus said report on said reforms and

improvements 49,312,469

Local Aid Fund 40.0%”;

General Fund 40.0%”;

Highway Fund 20.0%”;

By striking out item 6006-0003 and inserting in place thereof the following item:

“6006-0003 For the administration of the commission,

including the expenses of the commissioners 597,321

Local Aid Fund 100.0%”;

By striking out item 6010-0001 and inserting in place thereof the following item:

“6010-0001 For non-personnel costs of the department of highways, for certain administrative and engineering expenses and equipment of the highways commission, the office of the highways commissioner, the division of administrative services, highway engineering, highway maintenance, highway construction, the outdoor advertising board, district and other highway activity offices, materials, supplies, fleet maintenance and equipment, general maintenance and equipment, and the maintenance and operation of state highways and bridges; provided, that no funds from this item shall be expended for the DID subsidiary costs, so-called, appropriated in item 6010-1000; provided further, that the department shall submit to the executive office of transportation and construction and the house and senate committees on ways and means all information necessary to compile the monthly reports required pursuant to item 6000-0100 with respect to the statewide transportation improvement program and the chapter 90 program, so-called; provided further, that the department shall furnish to the executive office of transportation and construction and the house and senate committees on ways and means all information necessary to compile quarterly capital-funded personnel expenditure reports; provided further, that notwithstanding the provisions of any administrative bulletin, general or special law to the contrary, the department shall not pay any fees charged for the leasing or maintenance of vehicles to the division of operational services; provided further, that the department shall not be subject to the provisions of section 36A of chapter 30 of the General Laws and section 22 of chapter 7 of the General Laws, but shall submit to the secretary of transportation and construction for approval requests to repair vehicles costing in excess of the limit set forth in said section 22 of said chapter 7; provided further, that the department shall provide the house and senate committees on ways and means a quarterly report of repairs requiring said secretary’s approval; provided further, that notwithstanding the provisions of any general or special law to the contrary, the department of highways, in furthering cost effective management of the Commonwealth’s infrastructure, may implement a statewide corrosion mitigation program utilizing electrochemical corrosion passivation and or chloride extraction treatment of steel reinforced concrete structures, as a means of stopping existing corrosion and monitoring and preventing the initiation on new corrosion; provided further, that the electrochemical corrosion passivation and or chloride extraction treatment method that may be utilized, which uses an anode system temporarily installed on the surface of the concrete, to facilitate the passing of a continuously monitored, and unequally adjusted, low voltage DC current to the steel reinforcement for the purpose of eliminating differentials in the surface potentials on the steel reinforcement; provided further, that the department of highways may amend its contractor prequalification program to include a new class of work for this specialty infrastructure repair process; provided further, that said department shall report to the joint committee on transportation and the chairmen of the house and senate committees on ways and means on the program method’s safety to structures and the environment, cost effectiveness, effectiveness in eliminating new corrosion, and effectiveness in stopping existing corrosion; and provided further, that said report shall be due

no later than February 1, 2003 10,653,604

Highway Fund 100.0%”;

By striking out item 6010-0002 and inserting in place thereof the following item:

“6010-0002 For AA subsidiary payroll costs, so-called, of item 6010-0001; provided, that the funds appropriated herein shall be the only source of funding for all overtime expenses associated with the

department’s snow and ice control efforts 24,038,217

Highway Fund 100.0%”;

In item 7006-0080 by striking out the figures “493,443” and inserting in place thereof the figures: “618,443”.

By striking out sections 11, 12, 62, 63, 64, 65, 67, 68 and 84 (as printed); and

By adding at the end thereof the following five sections:

“SECTION 180. The section of Ashuwillticook Rail Trail from Route 8 in Chesire North to the Adams Town Line shall be designated and known as the Army Sergeant 1st. Class Daniel Petithory Memorial Trail, in recognition of his honorable and valiant service to his country during Operation Enduring Freedom in Afghanistan. Sergeant Petithory, a Green Beret, was killed in action on December 5, 2001. The department of highways shall erect a suitable marker bearing the designation in compliance with the standards of the department.

SECTION 181. Section 11 of chapter 161B of the General Laws is hereby repealed. The provisions of this section shall be effective on July 1, 2003.

SECTION 182. Section 35T of chapter 10 of the General Laws is hereby amended by adding in line 18 after the word ‘year’ the following words:— provided, further, that for the purposes of issuing bonds or notes of the authority after June 1, 2002, said authority shall pledge only the dedicated sales tax revenue amount as defined herein, fare revenue as defined in section one of chapter one hundred sixty-one A of the general laws, municipal assessments as defined in section 9 of said chapter one hundred sixty-one A and federal mass transportation assistance; and by adding in line 59 after the word ‘purpose’ and in line 62 after the word ‘determine’ the following words: pursuant to this section.

SECTION 183. There is hereby established an advisory committee consisting of six persons to be appointed by the Governor, four persons appointed by the president of the senate (with at least one such person to be a member of the minority party), four persons appointed by the speaker of the house of representatives (with at least one such person to be a member of the minority party), and one person appointed by the chief executive officer of the Massachusetts Turnpike Authority, for the purpose of studying and making recommendations relative to financing the obligations of the Massachusetts Turnpike Authority, Metropolitan Highway System, the Massport Authority and the Central Artery Project. Such study shall examine the equity of the present funding structure with regard to financing the obligations of the Massachusetts Turnpike Authority, Metropolitan Highway System, the Massport Authority and the Central Artery Project and shall include, among other things, an examination of the following: (1) the fairness of the proposed toll structure for private passenger vehicles using interstate highway route 90 relative to private passenger vehicles using the other highways of the commonwealth and to benefit from the intended use of the Central Artery Project; (2) the effect and practicality of instituting tolls on the commonwealth’s border with neighboring states, including on the commonwealth’s border with the state of New Hampshire on interstate highway routes 93 and 95 and state highway route 3; (3) the effect of providing for a more uniform and consistent toll structure on highways throughout the commonwealth, including the effect of instituting tolls on that portion of the Metropolitan Highway System, as defined in Chapter 81A of the General Laws, presently consisting of interstate highway route 93; (4) the effect of re-instituting tolls on the Boston Extension at the interchange of interstate highway route 90 and state highway route and on the Turnpike from exit 1, so-called, at the commonwealth’s border with the state of New York to and excluding exit 6, so-called, at the interchange of interstate highway route 90 and interstate highway route 291; (5) the effect of modifying toll discounts or free travel on the Turnpike or the Metropolitan Highway System, including consideration of frequent user and commuter discounts; (6) the effect of limiting or eliminating contributions by the Massachusetts Turnpike Authority to the Surface Artery, so-called; (7) the effect of excluding from the Metropolitan Highway System that portion constituting a section of interstate highway route 93; (8) the effect of transferring to the highway department such portion of the Turnpike extending from the commonwealth’s border with the state of New York to but excluding exit 6, so-called, at the interchange of interstate highway route 90 and interstate highway route 291; (9) the effect of redefining the Metropolitan Highway System to include such portion of the Turnpike extending from the interchange of interstate highway route 90 to and excluding the interchange of interstate highway route 90 and interstate highway route 495; (10) funding sources for the highway department to meet the expenses of operating such portion of interstate highway route and other highway transferred to the highway department from the Massachusetts Turnpike Authority; (11) the effect of providing a tax credit to Massachusetts residents purchasing transponders for use on the Turnpike or the Metropolitan Highway System; (12) the effect of permitting Turnpike revenues in excess of those needed to pay operating expenses and debt service on bonds supported by Turnpike revenues available to be pledged and pay debt service on bonds issued for the Metropolitan Highway System; (13) the elimination of the Local Tourism Grant Program of the Massachusetts Turnpike Authority; (14) the effect of limiting certain liabilities of the Massachusetts Turnpike Authority, including the extent to which the provisions of chapter 258 of the General Laws should also be applicable to the Massachusetts Turnpike Authority; and (15) further cost savings that might be realized by the Massachusetts Turnpike Authority. (16) The effect and practicality of dedication a portion of the vehicle registration fee under clause 2 of section 33 of Chapter 90 and a portion of the fee for a license to operate motor vehicles under clause 21 of section 33 of Chapter 90 to offset proposed or actual toll increases on interstate route 90; and (17) the effect and practicality of dedicating all or a portion of all taxes collected on fuel sold on property owned or leased by the Massachusetts Turnpike Authority to offset proposed or actual toll increases on interstate highway route 90; No member of said advisory committee shall receive any compensation for his or her services, nor shall any member of said advisory committee be reimbursed for any travel expenses or actual expenses incurred in carrying out his or her duties as a member of said advisory committee. Said advisory committee shall report to the joint committee on transportation of the general court the results of its study, together with its recommendations and drafts of any legislation necessary to carry said recommendations into effect, not later than January 1, 2003.

SECTION 184. Chapter 161B is hereby amended by inserting the following new section:—

Section 26. The regional transit authorities shall establish a stabilization fund into which the authorities shall deposit revenues in excess of expenditures. Said stabilization fund shall have a fund balance no greater than 15% of total revenues for all regional transit authorities for the fiscal year most recently ended. Monies from said fund shall be subject to appropriation and used for capital improvements and expenditures, to offset the unforeseen and dramatic loss of revenues within a fiscal year, and to pay current expenses after implementing all efficiencies and savings possible. The authorities may not assume draws from said stabilization fund in preparing their annual budgets. In the event that an authority requires a draw from said fund, it shall file with the secretary of administration and finance, secretary of transportation and construction, joint committee on transportation and the house and senate committees on ways and means a financial plan that projects to produce in the following fiscal year an excess of revenues over expenses, all measures taken to implement efficiencies and savings, the amount necessary to offset operating losses, and any other information that said secretaries or committees may require.”.

After debate on the question on adoption of the amendments offered by Mr. Sullivan of Braintree and other members of the House, the sense of the House was taken by yeas and nays, at the request of the same member; and on the roll call 151 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 352 in the Supplement.]

Therefore the amendments were adopted.

Mr. Marini of Hanson and other members of the House moved that the bill be amended by adding at the end thereof the following section:

“SECTION 185. Chapter 69 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting, after section 1I, the following section:—

Section 1II. The Massachusetts Comprehensive Assessment System multiple choice question results shall be made available to the public, school officials, parents and students no later than the third Wednesday in June. The results of the Massachusetts Comprehensive Assessment System essay questions shall be made available to the public no later than the first Tuesday of September to provide schools and parents with timely and valuable diagnostic information.”.

After debate the amendment was adopted.

Recess.

At two minutes before six o’clock P.M. (Wednesday, May 15), the Chair (Mr. DeLeo of Winthrop), declared a recess until seven o’clock; and at that time the House was called to order with Mr. DeLeo in the Chair.

The Chair (Mr. DeLeo) thereupon declared a further recess until half past seven o’clock; and at that time the House was called to order with Mr. DeLeo in the Chair.

Mr. Marini of Hanson and other members of the House moved that the the bill be amended in section 2, in item 7030-1003 (inserted by amendment), in line 9, by inserting after the word “grants;”, the second time it appears, the words “provided further, that such school wide literacy education programs shall be based on a scientifically-based reading research program consistent with the federal Reading First Initiative, so-called, may be correlated to the National Reading Panel’s Report on Teaching Children to Read, may be integrated easily into the classroom by managing automatic student rotation, and may provide for authentic assessments including recorded portfolios of student’s oral reading;” and by adding at the end thereof the following section:

“SECTION 186. Section 37H of chapter 71 of the General Laws, as appearing in the 2000 Official Edition, is amended by inserting in line 18 the following paragraph:—

Each school committee shall consider a character education program as a part of the student policies concerning student conduct. The program is to promote respect, integrity, responsibility, civility and tolerance. The program may utilize the professional development of teachers and the integration of texts and materials to further the character education in the school. “.

The amendments were adopted.

Mr. Rogers of Norwood and other members of the House moved that the bill be amended in section 2 by striking out items 7007-0100, 7007-0300, 7007-0400, 7007-0515, 7007-0800, 7007-0900, 7007-0950, 7007-0970, 7007-1000, 7007-1200, 7007-1300 and 7007-1500 and inserting in place thereof the following items:

“7007-0100 For the office of the director of the department of economic development; provided, that the director shall make every effort to ensure that the department’s activities reach the most economically challenged regions of the commonwealth; provided further, that the director shall either devise or use generally accepted criteria to determine which regions of the commonwealth are the most economically challenged; and provided further, that not later than April 30, 2003, the director shall submit to the house and senate committees on ways and means a report detailing the criteria, a ranking of regions, a list of programs directly assisting the residents of those regions, the number of people served, and a detailed plan for increasing eco-

nomic activity in the most challenged regions 421,478

7007-0300 For the operation of the Massachusetts office of business development, and for marketing and promoting the commonwealth in order to attract and retain targeted businesses and industries; provided, that the office shall file a report with the house and senate committees on ways and means not later than February 15, 2003, which shall identify those companies that contact said office in response to direct mail and marketing campaigns, and which of said companies relocate to the commonwealth; and provided further, that said office shall maintain business development assistance services at an office to be located at the University of Massachusetts at Dartmouth for the purposes of responding to inquiries and providing assistance to businesses seeking to expand or relocate to southeastern

Massachusetts 2,325,826

Massachusetts

Tourism Fund 100.0%

7007-0400 For economic development grants to regional and special purpose non-profit entities to be administered by the Massachusetts office of business development; provided, that said grants shall be subject to 100 per cent matching funds, of which not less than 50 per cent shall be in the form of cash; provided further, that said organizations shall not expend more than 15 per cent of any grant for the cost of administrative services; provided further, that public or non-profit entities administered by the Massachusetts Office of Business Development who promote community and economic development within minority communities shall be eligible for said grants; and provided further, that said organizations shall be required, as a condition of receiving said grant, to submit to said office a copy of independently audited financial statements for the three most recent fiscal years and for the current and next fiscal year, a total operating budget which shall identify each source and use of operating and capital funds, and an operating plan which shall demonstrate how said grants generate measurable economic

development in the commonwealth 337,177

Massachusetts

Tourism Fund 100.0%

7007-0410 For a program of state funded grants; provided, that not more than $165,000 shall be expended for the International Trade Assistance Center in Fall River; provided further, that not more than $100,000 shall be expended for the Community-Based Employment Services; provided further, that not more than $100,000 shall be expended for the Russian Community Association of Massachusetts; provided further, that not more than $75,000 shall be expended for the Friendly House in Worcester; provided further, that $30,000 shall be expended for the Lynnfield Senior Center; and provided further, that $30,000 shall be expended for the Saugus Senior Center; provided that not less than $100,000 shall be expended as a grant to the Springfield Area Council for Excellence for

outreach to Pioneer Valley Business 570,000

7007-0515 For grants to be allocated by the department in support of regional redevelopment projects in the commonwealth; provided, that $100,000 shall be expended for a grant to the Devens enterprise commission established pursuant to chapter 498 of the acts of 1993; provided further, that said commission shall take all steps necessary to be self-sufficient by July 1, 2003; and provided further, that not less than $200,000 shall be expended for a grant to the south shore tri-town development corporation established pursuant to chapter 301 of the acts

of 1998 300,000

7007-0800 For a grant for the state match for a small business development center; provided, that no funds shall be expended from this item until such time as the United States small business administration has made a payment or has executed a contract to pay the University of Massachusetts at Amherst for the operation of said center; provided further, that the funds expended from this item shall not exceed 25 per cent of the gross operating cost of said center; provided further, that not more than $300,000 of the amount appropriated herein shall be expended for the purpose of operating federal procurement technical assistance services within said center; provided further, that said services, shall include, but not be limited to, assisting businesses in securing federal contracts, obtaining contract financing, generating responses to requests-for-proposals, interpreting bid documents, providing educational workshops and seminars, and the electronic identification and tracking of federal bid opportunities; provided further, that the expenditure of said $300,000 shall be subject to the receipt of matching funds from federal or private sources including the department of defense; and provided further, that quarterly expenditure reports shall be filed with the house

and senate committees on ways and means 1,146,448

7007-0900 For the operation and administration of the office of travel and tourism; provided, that performance-based standards shall be incorporated in all contracts executed by said office for the procurement of tourism marketing and advertising services; provided further, that expenditures on international and domestic promotion and administration shall be separately accounted for in MMARS, so-called; provided further, that said office shall be required to make travel arrangements for all international travel not less than seven days before departure; and provided further, that said office shall dedicate one full-time equivalent employee to the advisory com-

mission on travel and tourism 10,214,725

Massachusetts

Tourism Fund 100.0%

7007-0950 For grants to public and private non-profit local and regional organizations to be awarded by the Massachusetts office of travel and tourism for tourism promotion; provided, that said organizations shall not expend more than 20 per cent of any grant for the cost of administrative services; provided further, that said organizations shall be required, as a condition of receiving said grant, to submit a total operating budget which shall identify each source and use of operating and capital funds; provided further, that said grants shall not replace or supplant funding otherwise available to said organizations from local chambers of commerce, so-called, regional tourist councils, so-called, and other public or private funding sources; provided further, that not more than $500,000 shall be made available through a grant application process established by the office of travel and tourism for the promotion of tourism for the highway information centers and the visitor information centers on Boston Common and the Prudential Center; provided further, that not more than $100,000 shall be expended on the Marlborough/Westborough Visitors Bureau; provided further, that not more than $100,000 shall be expended for the Puerto Rican Cultural Center of Springfield; provided further, that not more than $150,000 shall be expended for the Martin Luther King Jr. Empowerment Center; provided further, that not more than $250,000 shall be expended on the South Coast Development Partnership; provided further, that not more than $250,000 shall be expended for the Merrimack Valley Economic Development Council; provided further, that not more than $100,000 shall be expended for the Memorial Auditorium in the city of Lynn; provided further, that not more than $90,000 shall be expended for the Cape Cod Economic Development Council, Inc.; provided further, that not more than $50,000 shall be expended for the North End Visitor’s Center; provided further, that not less than $50,000 shall be expended as a grant for economic development activities of the Blackstone Valley Development Corporation; provided further, that not more than $200,000 shall be expended as grants for the bay state games, so-called; provided further, that not more than $100,000 shall be expended for the I-495 Technology Corridor Initiative; and provided further, that not more than $50,000 shall be expended as a grant to the south shore chamber of commerce regional

tourism initiative 2,432,759

Massachusetts

Tourism Fund 100.0%

7007-0960 For the operation and administration of the office

of the Massachusetts Sports Commission 250,000

Massachusetts

Tourism Fund 100.0%

7007-0970 For the administration of the Massachusetts film office to be funded through the office of travel and tourism; provided, that said film office shall do outreach to all cities and towns in the commonwealth to identify and locate possible locations to be included in the fee-free location program; and provided further, that said office shall report to the house and senate committees on ways and means on or before January 15, 2003 a list of the communities and locations that have been added to said program since

July 1,1999 496,672

Massachusetts

Tourism Fund 100.0%

7007-1000 For assistance to local tourist councils pursuant to section 14 of chapter 23A of the General Laws; provided, that notwithstanding any general or special law, regulation or rule to the contrary, each of said councils may expend an amount not to exceed 20 per cent of the grant it receives

herein for the cost of administrative services 7,220,000

Massachusetts

Tourism Fund 100.0%

7007-1200 For a program to create and maintain a more favorable and responsive environment for the attraction and retention of technology- intensive clusters, so-called, for the commonwealth; provided, that such clusters may be characterized by technological or market focus, geographic proximity, or other shared interests; provided further, that cluster activities shall be deemed to be the exercise of an essential governmental function intended to: (1) foster increased collaboration among cluster organizations; (2) facilitate improved communications between the commonwealth and cluster organizations; (3) identify and respond to challenges and opportunities related to cluster organizations; (4) enhance the competitive position of cluster firms; (5) reduce the costs of doing business in the commonwealth through one or more purchasing cooperatives; and (6) generally improve the perception of the value and benefits of doing business in the commonwealth; provided further, that amounts appropriated herein shall be expended to the Massachusetts technology park corporation to be held and applied thereby and administered through its Massachusetts technology collaborative; provided further, that said corporation shall establish an independent advisory panel to advise said corporation relative to the most effective application of funds appropriated herein; and provided further, that the executive director shall file a report with the house and senate committees on science and technology and the house and senate committees on ways and means detailing the activities undertaken with the funds appropriated herein by January 15,

2003 847,892

7007-1300 For the operation of the Massachusetts interna-

tional trade council 1,140,000

Massachusetts

Tourism Fund 100.0%

7007-1500 For the operation and administration of the state office of minority and women business assistance; provided, that said office shall administer an electronic business certification application which shall be accessible to business applicants through use of the Internet; provided further, that said office shall ensure the integrity and security of personal and financial information transmitted by said electronic application; provided further, that said office shall, using all existing available resources, provide certification services within each of the one-stop regional assistance centers, so-called, of the Massachusetts office of business development; and provided further, that said office shall develop and implement measures and procedures to continue to improve the efficiency and

the timeliness of the certification process 409,955”.

The amendment was adopted.

Mr. Rogers of Norwood moved that the vote be reconsidered by which the House, on Monday last, adopted amendments (offered by him and other members of the House) in section 2, in item 1599-0041, etc. (see Yea and Nay No. 327); and the motion prevailed.

Pending the recurring question on adoption of the amendments, the same member moved that the amendment proposed in section 2, in item 4513-1022, be further amended by inserting after the word “Saugus” the following: “; and provided further, that $45,000 shall be allocated to Portal to Hope to oversee a domestic violence prevention program that includes a ‘Teens-At-Risk’ project, for the communities of Everett, Lynn, Malden and Medford”; and by inserting after the proposed amendments to item 4570-1500 the following paragraph:

“In item 4580-1000 by striking out the figures ‘16,330,474’ and inserting in place thereof the figures: ‘20,658,293’.”

The further amendments were adopted.

The amendments, as amended, then also were adopted.

The Speaker then took the Chair and placed before the House the question on suspension of Rule 1A in order that the House might continue to meet beyond the hour of nine o’clock P.M.

On the question on suspension of Rule 1A, the sense of the House was taken by yeas and nays, as required under the provision of said rule; and on the roll call 117 members voted in the affirmative and 35 in the negative.

[See Yea and Nay No. 353 in Supplement.]

Therefore Rule 1A was suspended.

Recesses.

At nineteen minutes before ten o’clock P.M., the Speaker declared a recess until ten o’clock; and at that time the House was called to order.

At eighteen minutes after ten o’clock (Wednesday, May 15), the Speaker declared a recess until the hour of ten o’clock A.M. on Thursday, May 16th and at that time, the House was called to order with the Speaker in the Chair.

Thursday, May 16, 2002 (at 10:00 o’clock A.M.)

 

Prayer was offered by the Reverend Robert F. Quinn, C.S.P., Chaplain of the House, as follows:

Eternal God, as we complete the difficult and complicated task of crafting and approving House No. 5100, as amended, we take a moment to focus our thoughts on You. We are grateful for the gifts of wisdom and patience which You have bestowed upon us and have made our legislative challenges a little easier to resolve. Experience teaches us that even in good economic times we cannot fully meet the expectations and needs of all constituences. But Your assistance and guidance enable us to make sound, fair and ethical legislative judgments and decisions. Inspire us to remain faithful to You and the ways of meaningful, productive and daily living which You have made known to us.

Grant Your blessings to the Speaker, the members and employees of this House and their families. Amen.

At the request of the Speaker, the members, guests and employees joined with him in reciting the pledge of allegiance to the flag.

Statement of Representative Atsalis of Barnstable.

A statement of Mr. Atsalis of Barnstable 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 of today’s sitting due to official business in another part of the State House. Any roll calls that I may have missed today is due entirely to the reason stated.

Statement of Representative Cleven of Chelmsford.

A statement of Mrs. Cleven of Chelmsford 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 of today’s sitting due to official business in another part of the State House. Any roll calls that I may have missed today is due entirely to the reason stated.

Statement Concerning Representative Flynn of Bridgewater.

A statement of Mr. DiMasi of Boston concerning Mr. Flynn of Bridgewater 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 Flynn of Bridgewater, will not be present in the House Chamber for today’s sitting due to his emergency hospitalization. Any roll calls that he may miss today will be due entirely to the reason stated.

Resolutions.

Resolutions (filed with the Clerk by Mr. Smizik of Brookline) congratulating the third grade students at the Edward Devotion School in Brookline and Our Lady of the Valley School in Uxbridge on their participation in the Edward Devotion School 16th Annual Essay and Poetry Program, were referred, under Rule 85, to the committee on Rules.

Mr. Honan of Boston, for the committee on Rules, then reported that the resolutions ought to be adopted. Under suspension of the rules, on motion of Mr. Verga of Gloucester, 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 petition of Daniel E. Bosley and other members of the General Court relative to prohibiting tax stamping on certain cigarettes. Under suspension of the rules, on motion of Mr. Marini of Hanson the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Taxation. Sent to the Senate for concurrence.

Engrossed Bill.

The engrossed Bill making appropriations for the fiscal year 2002 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 5074) (which originated in the House), having been certified by the Clerk to be rightly and truly prepared for final passage, was passed to be enacted; and it was signed by the acting Speaker and sent to the Senate.

Orders of the Day.

The House Bill making appropriations for the fiscal year 2003 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. 5100, amended) was considered.

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 by inserting after item 1107-2501 (previously inserted by amendment) the following item:

“1108-1011 For the civil service commission; provided, that the general fund shall be reimbursed for the appropriation herein through a fee charged on a per claim basis, provided further, that said commission shall develop and implement regulations to implement said reimbursement to the general

fund 512,000”;

By inserting after item 1599-1971 the following item:

“1599-1972 For a reserve to meet the costs of a settlement agreement between the department of social services and the Service Employees Interna-

tional Union, Local 509 950,000

Clean Election Fund 100.0% ”;

By inserting after item 1599-3857 the following items:

“1599-3943 For a reserve to meet the fiscal year 2001 costs of certain salary adjustments and other economic benefits authorized by the collective bargaining agreements between the commonwealth and the National Association of Government Employees (Units 1, 3, and 6) and to meet the fiscal year 2001 costs of certain salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in ‘confidential’ positions which otherwise would be covered by said agreements; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such ‘confidential’ employees in accordance with the collective bargaining agreements then in effect which otherwise would cover said positions; provided further, that said secretary may transfer from the sum appropriated to other items of appropriation and allocations thereof for said fiscal year such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and

senate committees on ways and means 492,000

Clean Election Fund 100.0%

1599-4116 For a reserve to meet the fiscal year 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Berkshire sheriff’s office and the Service Employees International Union, Local 254, Unit SB1, and to meet the fiscal year 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways

and means 815,000

Clean Election Fund 100.0%

1599-4117 For a reserve to meet the fiscal year 2001 and 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Service Employees International Union, Local 254, Unit SC2, for the Berkshire county registry of deeds and to meet the fiscal year 2001 and 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2001 and 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate

committees on ways and means 55,000

Clean Election Fund 100.0%

1599-4118 For a reserve to meet the fiscal year 2000, 2001 and 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Service Employees International Union, AFL-CIO, Local 285, for the Suffolk county registry of deeds and to meet the fiscal year 2000, 2001 and 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the provisions of the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways

and means 350,000

Clean Election Fund 100.0%

1599-4119 For a reserve to meet the fiscal year 2000, 2001 and 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the American Federation of State, County and Municipal Employees, Council 93, Local 653, AFL-CIO, for the Essex county registry of deeds and to meet the fiscal year 2000, 2001 and 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and

senate committees on ways and means 255,000

Clean Election Fund 100.0%

1599-4120 For a reserve to meet the fiscal year 2001 and 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the American Federation of State, County and Municipal Employees, Council 93, Local 653, AFL-CIO, for the Essex county registry of deeds and to meet the fiscal year 2001 and 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways

and means 175,000

Clean Election Fund 100.0%

1599-4121 For a reserve to meet the fiscal year 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the Massachusetts Society of Professors/ Faculty Staff Union/MTA/NEA and to meet the fiscal year 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways

and means 6,340,000

Clean Election Fund 100.0%

1599-4122 For a reserve to meet the commonwealth’s obligations for fiscal years 2002, 2003 and 2004 pursuant to article 26.13 of the collective bargaining agreement between the University of Massachusetts and the Massachusetts Society of Professors/Faculty Staff Union/MTA/NEA regarding professional growth and development; provided, that the secretary of administration and finance may allocate during said fiscal years from the sum appropriated in this item such amounts as are necessary to meet the costs of said obligations; and provided further, that this appropriation shall expire on June 30,

2004 2,525,000

Clean Election Fund 100.0%

1599-4123 For a reserve to meet the fiscal year 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the Professional Staff Union, Local 509, Service Employees International Union, AFL-CIO/CLC, and to meet the fiscal year 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways

and means 3,350,000

Clean Election Fund 100.0%

1599-4124 For a reserve to meet the commonwealth’s obligations for fiscal years 2002, 2003 and 2004 pursuant to the provisions of clauses I and J of article 31.1 of the collective bargaining agreement between the University of Massachusetts and the Professional Staff Union, Local 509, Service Employees International Union, AFL-CIO/CLC, regarding professional development, licensure and certification; provided, that the secretary of administration and finance may allocate during said fiscal years from the sum appropriated in this item such amounts as are necessary to meet the costs of said obligations; and provided further, that this appropriation

shall expire on June 30, 2004 1,350,000

Clean Election Fund 100.0%

1599-4125 For a reserve to meet the fiscal year 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the University Staff Association/Massachusetts Teachers Association/NEA and to meet the fiscal year 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and

senate committees on ways and means 1,045,000

Clean Election Fund 100.0%

1599-4126 For a reserve to meet the fiscal year 2001 and 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the International Brotherhood of Police Officers, Local 432, Units A and B, and to meet the fiscal year 2001 and 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and

senate committees on ways and means 197,000

Clean Election Fund 100.0%

1599-4127 For a reserve to meet the fiscal year 2001 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the International Brotherhood of Teamsters, Local 25, and to meet the fiscal year 2001 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and

senate committees on ways and means 60,000

Clean Election Fund 100.0%

1599-4128 For a reserve to meet the fiscal year 2001 and 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the International Brotherhood of Police Officers, Local 399, and to meet the fiscal year 2001 and 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and

senate committees on ways and means 139,000

Clean Election Fund 100.0%

1599-4129 For a reserve to meet the fiscal year 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the American Federation of State, County and Municipal Employees, AFL-CIO, Council 93, Local 507, and to meet the fiscal year 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways

and means 224,000

Clean Election Fund 100.0%

1599-4130 For a reserve to meet the fiscal year 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the National Association of Government Employees, Local 245, and to meet the fiscal year 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways

and means 135,000

Clean Election Fund 100.0%

1599-4131 For a reserve to meet the fiscal year 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the American Federation of Teachers, Local 1895, AFL-CIO, Faculty Federation, and to meet the fiscal year 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and

senate committees on ways and means 1,422,000

Clean Election Fund 100.0%

1599-4132 For a reserve to meet the commonwealth’s obligations for fiscal years 2002, 2003 and 2004 pursuant to section C of article XI of the collective bargaining agreement between the University of Massachusetts and the American Federation of Teachers, Local 1895, AFL-CIO, Faculty Federation, regarding professional development and research assistance; provided, that the secretary of administration and finance may allocate during said fiscal years from the sum appropriated in this item such amounts as are necessary to meet the costs of said obligations; and provided further, that this appropriation

shall expire on June 30, 2004 576,000

Clean Election Fund 100.0%

1599-4133 For a reserve to meet the fiscal year 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the American Federation of Teachers, Local 1895, AFL-CIO, Educational Services Unit, and to meet the fiscal year 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and

senate committees on ways and means 329,000

Clean Election Fund 100.0%

1599-4134 For a reserve to meet the commonwealth’s obligations for fiscal years 2002, 2003 and 2004 pursuant to clause 7 of article VI of the collective bargaining agreement between the University of Massachusetts and the American Federation of Teachers, Local 1895, AFL-CIO, Educational Services Unit, regarding professional development and research assistance; provided, that the secretary of administration and finance may allocate during said fiscal years from the sum appropriated in this item such amounts as are necessary to meet the costs of said obligations; and provided further, that this appropriation

shall expire on June 30, 2004 134,000

Clean Election Fund 100.0%

1599-4135 For a reserve to meet the fiscal year 2001 and 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the International Association of Police Officers and to meet the fiscal year 2001 and 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways

and means 285,000

Clean Election Fund 100.0%

1599-4136 For a reserve to meet the fiscal year 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the Massachusetts Society of Professors/ Lowell and to meet the fiscal year 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and

senate committees on ways and means 1,787,000

Clean Election Fund 72.58%

General Fund 27.42%

1599-4137 For a reserve to meet the commonwealth’s obligations for fiscal years 2002, 2003 and 2004 pursuant to clause C of article XIX of the collective bargaining agreement between the University of Massachusetts and the Massachusetts Society of Professors/Lowell regarding professional growth and development; provided, that the secretary of administration and finance may allocate during said fiscal years from the sum appropriated in this item such amounts as are necessary to meet the costs of said obligations; and provided further, that this

appropriation shall expire on June 30, 2004 705,000

1599-4138 For a reserve to meet the fiscal year 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the American Federation of State, County and Municipal Employees, AFL-CIO, Council 93, Local 1776, and to meet the fiscal year 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways

and means 880,000

1599-4139 For a reserve to meet the fiscal year 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the board of higher education and the Association of Professional Administrators, MTA/NEA and to meet the fiscal year 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways

and means 1,840,000

1599-4140 For a reserve to meet the commonwealth’s obligations for fiscal years 2002, 2003 and 2004 pursuant to article XIII of the collective bargaining agreement between the board of higher education and the Association of Professional Administrators, MTA/NEA regarding professional growth and development; provided, that the secretary of administration and finance may allocate during said fiscal years from the sum appropriated in this item such amounts as are necessary to meet the costs of said obligations; and provided further, that this

appropriation shall expire on June 30, 2004 380,000

1599-4141 For a reserve to meet the fiscal year 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the Graduate Employee Organization, Local 2322, UAW, and to meet the fiscal year 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions, so called, which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the provisions of the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum, appropriated herein to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall he filed in advance with the house

and senate committees on ways and means 693,000

1599-4142 For a reserve to meet the commonwealth’s obligations for fiscal years 2002, 2003 and 2004 pursuant to the provisions of article 24 of the collective bargaining agreement between the University of Massachusetts and the Graduate Employee Organization, Local 2322, UAW, regarding professional growth and development; provided, that the secretary of administration and finance may allocate during said fiscal years from the sum appropriated herein such amounts as are necessary to meet the costs of said obligations; and provided further, that this appropriation shall expire on June 30,

2004 255,000

1599-4143 For a reserve to meet the fiscal year 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the Service Employees’ International Union, Local 509, Unit B, and to meet the fiscal year 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions, so called, which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees In accordance with the provisions of the collective bargaining agreement then in effect which otherwise would cover said positions: and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house

and senate committees on ways and means 50,000

1599-4144 For a reserve to meet the fiscal year 2001 and 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the International Brotherhood of Teamsters, Local 25, and to meet the fiscal year 2001 and 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions, so called, which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the provisions of the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance a transfer plan which shall be filed in advance with the house and senate committees on ways

and means 96,000

1599-4145 For a reserve to meet the fiscal year 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the Service Employees’ International Union, Local 254, AFL-CIO, CLC, Clerical Technical Unit, and to meet the fiscal year 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions, so called, which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the provisions of the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate

committees on ways and means 83,000

1599-4146 For a reserve to meet the fiscal year 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the Service Employees’ International Union, Local 254, AFL-CIO, CLC, Professional/ Mid-Management Unit, and to meet the fiscal year 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions, so called, which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the provisions of the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways

and means 730,000

1599-4147 For a reserve to meet the commonwealth’s obligations for fiscal years 2002, 2003 and 2004 pursuant to the provisions of article XII of the collective bargaining agreement between the University of Massachusetts and the Service Employees’ International Union, Local 254. AFL-CIO, CLC, Professional/Mid-Management Unit, regarding professional growth and development; provided, that the secretary of administration and finance may allocate during said fiscal years from the sum appropriated herein such amounts as are necessary to meet the costs of said obligations; and provided further, that this appropriation shall expire on June 30,

2004 298,000

1599-4149 For a reserve to meet the fiscal year 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the National Association of Government Employees, and to meet the fiscal year 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions, so called, which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the provisions of the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate com-

mittees on ways and means 142,000

1599-4150 For a reserve to meet the fiscal year 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the Graduate Employee Organization, Local 1596, UAW, and to meet the fiscal year 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions, so called, which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the provisions of the collective bargaining agreement then in effect in which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways

and means 93,000

1599-4151 For a reserve to meet the fiscal year 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the Graduate Employee Organization Boston, Local 1596, UAW, and to meet the fiscal year 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions, so called, which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the provisions of the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways

and means 192,000

1599-4152 For a reserve to meet the commonwealth’s obligations for fiscal years 2002, 2003 and 2004 pursuant to the provisions of article 13.04 of the collective bargaining agreement between the University of Massachusetts and the Graduate Employee Organization Boston, Local 1596, UAW, regarding professional development and research; provided, that the secretary of administration and finance may allocate during said fiscal years from the sum appropriated herein such amounts as are necessary to meet the costs of said obligations; and provided further, that this appropriation shall expire on June 30,

2004 42,000

1599-4153 For a reserve to meet the fiscal year 2002 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Board of Higher Education and the American Federation of State, County and Municipal Employees, Council 93, Local 1067, AFL-CIO, and to meet the fiscal year 2002 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions, so called, which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for such confidential employees in accordance with the provisions of the collective bargaining agreement then in effect which otherwise would cover said positions; and provided further, that said secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways

and means 3,238,000”;

By striking out items 7002-0100, 7002-0601, 7003-0701, 7003-0803, 7002-0101, 7002-0200, 7002-0500, 7002-0600 and 7002-0800 and inserting in place thereof the following items:

“7002-0100 For the administration of the department of labor and workforce development, including the divisions under the control of the department; provided, that funds shall be expended from this item for the deputy director of workforce development; and provided further, that on January 4, 2003 and April 1, 2003, said deputy director shall submit to the house and senate committees on ways and means a comprehensive report describing in detail the job training services, including labor exchange, skills training and remedial education services related thereto which have been provided during the course of the fiscal year in the commonwealth, describing the systems for delivery of such services, describing the costs of such services

and the sources of revenue for such services 1,092,753

7003-0601 For the at-risk youth program, including the costs of administration; provided, that the commonwealth corporation shall submit a report to the house and senate committees on ways and means on or before October 1, 2003 that shall include a list of all contractors and subcontractors administering said program, the amount allocated for fiscal year 2003 per contract, the year-to-date amount expended for fiscal year 2003 per contract, the number of youth served per contract, the hourly wage per youth per contract, the amount of matching funds leveraged per contract, and the source of said matching funds; provided further, that administrative costs shall not exceed 10 per cent of amounts awarded from this item; provided further, that service levels shall be developed so as not to exceed the appropriation made available herein; and provided further, that expenditures made from this item shall be structured so that funding provided herein shall not annualize to an amount greater than $3,000,000 in fiscal

year 2004 3,000,000

7003-0701 For grants and technical assistance administrated by the division of employment and training, pursuant to section 2RR of chapter 29 of the General Laws and for the cost of collecting the assessment established in section 14L of chapter 151A of the General Laws; provided, that not more than $3,000,000 shall be expended for direct technical assistance pursuant to paragraph (2) of subsection (b) of section 2RR of chapter 29 of the General Laws; provided further, that not more than $400,000 shall be expended for the operation and maintenance of the Massachusetts biotechnology research institute for the purpose of promoting the commercialization of new, academic based research and development, and raising the scientific awareness of the communities of the Commonwealth; provided further, that not less than $850,000 shall be expended on the Massachusetts Manufacturing Extension Partnership; provided further, that not more than $542,075 shall be expended on the Commonwealth Corporation; provided further, that not less than $135,000 shall be expended for incumbent worker coordinators at the Massachusetts AFL-CIO; provided further, that not more than $350,856 shall be expended on the Re-Employment Services for Displaced Workers; provided further, that not more than $465,300 shall be expended on the Economic Stabilization Trust Industrial Services; provided further, that not more than $125,000 shall be expended for the support of programs operated by a Farm Worker’s Organization serving low income persons and the Hispanic population of Western Massachusetts; provided further, that not more than $1,810,000 shall be expended on the operation of the Massachusetts state workforce investment board and supporting associations to direct workforce development policy in each region; provided further, that not more than $1,000,000 shall be expended on the Massachusetts Service Alliance; provided further, notwithstanding any general or special law to the contrary, not more than $800,000 shall be expended on the Mystic Valley Development Commission; provided further, that not more than $75,000 shall be expended on the JVS Neighborhood Business Builders; provided further, that not more than $200,000 shall be expended on the Western Massachusetts Precision Institute; provided further, that not more than $325,000 shall be expended on the Jackson Appleton-Middlesex Urban and Revitalization Development Project; provided further, that not more than $325,000 shall be expended on the Lowell Acre Urban and Revitalization Development Projects; provided further, that not less than $250,000 shall be expended for job training and job placement services for homeless individuals statewide through the MASS CAN program; provided further, that not more than $141,000 shall be expended for the Just-A-Start Corporation; provided further, that $30,000 shall be expended for a youth/elder outreach position in the Roche Family Community Center in West Roxbury; and provided further, that not less than $195,000 shall be expended for 3 full-time equivalent rapid response labor

specialists at the Massachusetts AFL-CIO 18,000,000

Workforce Training Fund 100.0%

7003-0803 For the Division of Employment and Training to

operate the one-stop career centers 3,750,000

7002-0101 For the operation of the apprentice training program; provided, that no position in the apprentice training division shall be subject to chapter 31 of the General Laws; provided further, that notwithstanding any general or special law to the contrary, the deputy director shall require each apprentice entering into a written agreement to submit an application to the division for an apprentice identification card; provided further, that said application shall be accompanied by a fee of thirty-five dollars and paid by the apprentice or the program sponsor, together with photographic prints as required by the deputy director; provided further, that all revenues from fees charged for said identification card shall be deposited into the General Fund; provided further that, an apprentice identification card shall contain the photograph of the apprentice; the apprentice registration number or such other number as the deputy director requires; the name and business address of the appropriate apprenticeship committee or single employer sponsor; the steps of progression and related dates applicable to the apprentice; and the projected date on which the apprentice is projected to complete the apprenticeship; provided further, that as a condition of his or her apprenticeship the apprentice shall keep the apprentice identification card on his or her person during his or her hours of employment during the apprenticeship; provided further, that any apprentice performing work on a project or projects subject to the provisions of this item shall maintain in his or her possession an apprentice identification card; provided further, that any apprentice who is determined by the deputy director to be un-enrolled in related classroom instruction classes shall be paid at the journey level rate for the duration of the public works project or projects; provided further, that for every week in which an apprentice is employed by a contractor, subcontractor, or public body subject to this section, a photocopy of said apprentice’s apprentice identification card, shall be attached to the records submitted

under this item 420,000

7002-0200 For the operation of the division of occupational safety; provided, that the division may employ staff not subject to chapter 31 of the General Laws for a program to evaluate asbestos levels

in public schools and other public buildings 1,862,016

8002-0500 For the operation and administrative expenses of the division of industrial accidents; provided, that $700,000 shall be expended for occupational safety training grants; provided further, that said division shall submit a report not later than February 1, 2003 to the house and senate committees on ways and means detailing the scope, objective, and results of said grant recipients’ safety training program; provided further, that funds appropriated herein in excess of the fiscal year 2002 spending level for said grants shall be a one-time fiscal year 2003 expense; provided further, that the general fund shall be reimbursed the amount appropriated herein and for associated indirect and direct fringe benefit costs from assessments levied pursuant to section 65 of chapter 152 of the General Laws; provided further, that the division shall assign a judge to hear cases in the county of Berkshire not less than once a month; and provided further, that the treasurer may release to the division, subject to adequate and appropriate documentation of the need, to the workers’ compensation advisory council and the affirmative vote of at least seven members of the workers’ compensation advisory council, sufficient funds from the special fund reserve account established in clause (c) of subsection (4) of section 65 of chapter 152 of the General Laws to pay for expenses to continue expansion of the conversion of the agency’s computer system from

unify, so-called, to oracle, so-called 18,532,631

7002-0600 For the operation of the labor relations commission 1,072,111

7002-0700 For the operation of the joint labor management

committee 259,858

7002-0800 For the operation of the board of conciliation and

arbitration 717,387”;

and by adding at the end thereof the following section:

“SECTION 187. Chapter 1078 of the Acts of 1973 as most recently amended by Chapter 589 of the Acts of 1987 is hereby further amended by striking out the second and third sentence of the first paragraph of Section 4A (1)(a)(f) and inserting in place thereof the following new sentences:—

The committee shall be composed of fifteen members including a chairman and a vice chairman and such alternate members as the committee shall approve. Twelve committee members shall be appointed by the governor as follows: three firefighters from nominations submitted by the Professional Firefighters of Massachusetts, International Association of Firefighters, AFL-CIO; three police officers from nominations submitted by the International Brotherhood of Police Officers, NAGE, SEIU, AFL-CIO, the Boston Patrolmen’s Association IUPA, AFL-CIO, the Massachusetts Coalition of Police, IUPA, AFL-CIO; and the Massachusetts Police Association and six from nominations submitted by the Advisory Commission on Local Government established under Section sixty-two of chapter three of the General Laws.”.

Mr. Hynes of Marshfield thereupon raised a point of order that said amendments went beyond the scope of the bill pending before the House for the reason that said bill contained only annual appropriations for which the Commonwealth utilizes the use of general funds while the consolidated amendments attempted to appropriate for contracted agreements between labor units and the Commonwealth with allocation references to the Clean Election Fund.

Mr. Hynes, in his point of order, stated further that said fund was not a governmental fund or so-called budget fund but was a fiduciary fund not owned by the Commonwealth but only held in trust for certain qualified persons who are certified as owners of such fund under the clean elections law.

Therefore Mr. Speaker, Mr. Hynes stated, further, that, since the Clean Election Fund is a fiduciary fund, I believe that the pending consolidated amendment is improperly before the House.

The Chair stated that the General Appropriation Bill, as reported by the committee on Ways and Means, identified the “Clean Election Fund” as the funding source for a portion of the expenses of item 5920-2020 contained in Section 2 of said bill. A point of order questioning the use of the “Clean Election Fund” as a funding mechanism in the General Appropriation Bill would more appropriately have been raised immediately subsequent to the bill being read a second time.

The Chair stated further that item 5920-2020, having been previously amended by this House to remove reference to the “Clean Election Fund” allows the committee on Ways and Means, which has been granted broad latitude in the drafting of consolidated budget amendments, the authority to include said “Clean Election Fund” as the funding mechanism for the consolidated amendment currently before the House.

The Speaker then stated that the point or order was not well taken.

Mr. Hynes of Marshfield thereupon raised a further point of order that there were several references to the Clean Election Fund in the pending amendments while the only reference to said fund in the General Appropriation Bill reported by the committee on Ways and Means or the consolidated amendments appears in Item No. 5920-2020 of the bill under the Department of Mental Retardation.

The same member stated further that, since said item is not referenced in the heading of the consolidated amendments, said pending amendments are improperly before the House for the reason that they go beyond the scope of the consolidated amendment grouping and the pending bill by attaching the use of monies from the Clean Election Fund.

In answer to the gentleman’s point of order the Chair stated that Article IV of Section I, Chapter I, Part the Second of the Constitution grants full power to the General Court to “make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes and ordinances, directions and instructions, either with penalties or without; so as the same be not repugnant or contrary to this Constitution”. The Chair stated further, that, the powers of the General Court cannot be narrowed by placing restrictions on the methods of appropriating funds.

Therefore the Speaker ruled that the point of order was not well taken.

After debate on the question on adoption of the amendments, Mr. Hynes of Marshfield then moved that the amendments offered by Mr. Rogers of Norwood and other members of the House be amended in item 1599-4123 by adding at the end thereof the following: “; provided, however, that the Office of Campaign and Political Finance is hereby authorized, for the implementation of Chapter 55A of the General Laws during the 2002 state election cycle, to provide public financing of certified, qualified political candidates”; and by striking out the figures “350,000” and inserting in place thereof the figures “850,000”.

Mr. Wagner of Chicopee thereupon raised a point of order that the further amendments were improperly before the House for the reason that it went beyond the scope of the pending amendments.

In answer to the point of order, the Speaker stated the point of order was well taken; and the further amendments were laid aside accordingly.

After remarks on the question on adoption of the amendments, Ms. Jehlen of Somerville asked for a count of the House to ascertain if a quorum was present. The Speaker, 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 (Mr. Wagner of Chicopee being in the Chair) 136 members were recorded as being in attendance.

[See Yea and Nay No. 354 in Supplement.]

Therefore a quorum was present.

Mr. Hynes of Marshfield then moved that the amendments be amended in items 1599-1972, 1599-3943, 1599-4116, 1599-4117, 1599-4118, 1599-4119, 1599-4120, 1599-4121, 1599-4122, 1599-4123, 1599-4124, 1599-4125, 1599-4126, 1599-4127, 1599-4128, 1599-4128, 1599-4130, 1599-4131, 1599-4132, 1599-4133, 1599-4134 and 1599-4135, by striking out, at the end of each item, the following:

“Clean Election Fund 100.0% ”;

and in item 1599-4136 by striking out at the end thereof the following:

“Clean Election Fund 72.58% ”.

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 Mr. Hynes of Marshfield; and on the roll call 49 members voted in the affirmative and 102 in the negative.

[See Yea and Nay No. 355 in Supplement.]

Therefore the further amendments were rejected.

After remarks on the question on adoption of the amendments offered by Mr. Rogers of Norwood and other members of the House, 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 139 members voted in the affirmative and 12 in the negative.

[See Yea and Nay No. 356 in Supplement.]

Therefore the amendments were adopted.

Recess.

Mr. Petrolati of Ludlow being in the Chair, at twelve minutes after one o’clock P.M. (Thursday, May 16), on motion of Mr. Scaccia of Boston, the House recessed until a quarter before two o’clock; and at one minute after two o’clock the House was called to order with Mr. Petrolati in the Chair.

Mr. Jones of North Reading then asked for a count of the House to ascertain if a quorum was present. The Chair (Mr. Petrolati), 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 148 members were recorded as being in attendance.

[See Yea and Nay No. 357 in Supplement.]

Therefore a quorum was present.

Ms. Lewis of Dedham and other members of the House moved that the bill be amended in section 2 by inserting after item 0511-0001 the following item:

“0511-0108 The state secretary acting on behalf of the Commonwealth is hereby authorized to sell, transfer or license the Massachusetts Division of Corporations’ software and related documents pertaining to its web based searching and filing applications, including uniform commercial code software, developed by the department of the secretary and copyrighted by it to other states, multi-state or regional associations or other sovereign governments on such terms or conditions as in his sole discretion reasonably compensates the Commonwealth for its interests. From the proceeds of such sales or license or use agreements. The secretary is hereby authorized to retain and expend revenues not to exceed ten per cent (10%) of the proceeds or $800,000 whichever is greater for technical activities of the corporations division — the remainder to be deposited in the General Fund. Said secretary may also provide web hosting, and on-going support and maintenance to other states, provinces or territories of Canada relative to their UCC and corporate applications. The department of the state secretary is hereby authorized to accept credit and debit cards from individuals and corporations filing

documents with the department 800,000”;

By inserting after item 0528-0100 the following item:

“0540-0000 For the purchase and installation of computer hardware and software technology for the registries

of deeds 1,251,329”;

By inserting after item 0540-2100 the following item:

“0540-3675 For a reserve for registries of deeds; provided, that notwithstanding the provisions of any general or special law to the contrary, in order to promote sound and prudent fiscal management the state secretary is hereby authorized to transfer funds between the registry of deed budgets under the jurisdiction of the state secretary upon notification to the comptroller and the house and senate

committees on ways and means 627,484”;

In item 0610-0000 by striking out the figures “6,779,369” and inserting in place thereof the figures “7,054,378”; in item 0640-0300 by striking out the figures “10,034,993” and inserting in place thereof the figures “13,102,801”; and by inserting after item 0640-0300 the following item:

“0640-0350 For the purposes of cultural resources pursuant to section 36 of chapter 69 of the General Laws including grants to or contracts with public and non-public entities; provided, that the council shall not expend funds from this item for any recipient that, in any program or activity for Massachusetts schoolchildren, does not apply the same terms and conditions to all such

schoolchildren 1,487,040”;

and by inserting after section 34 (as printed) the following section:

“SECTION 34A. Chapter 32 of the Massachusetts General Laws is hereby amended by adding at the end thereof the following new section:—

Section 104. Beginning in fiscal year 2004, when state tax revenue growth exceeds three per cent of the state tax revenue collected in fiscal year 2003, the operating budget appropriation of the state pension fund shall be increased by five per cent. Upon an increase in state tax revenue growth of six per cent above state tax revenue collected in fiscal year 2003, the operating budget appropriation of the state pension fund shall be increased by ten per cent.”.

The amendments were adopted.

Messrs. Torrisi of North Andover and Santiago of Lawrence moved that the bill be amended by adding at the end thereof the following section:

“SECTION 188. Notwithstanding the provisions of Sections 6 and 11 of Chapter 70 of the General Laws or any other general or special law to the contrary, a city of town that has entered into an agreement with the Board and Commissioner of Education to avoid appointment of a receiver under Section 1K of Chapter 69 of the General Laws and, in the judgment of the commissioner of education: (1) does not have adequate school facilities to meet the educational needs of its public school students, and (2) does not have the fiscal capacity to raise the funds needed to finance the municipal share of essential school construction, renovation or repair projects may establish a school construction reserve account and may, at the close of each fiscal year through the year 2007, transfer into such account all or a portion of any unexpended funds appropriated in any such year to fund school department operating expenses; provided, however, that: (1) the amount transferred to the school construction reserve account in any year shall not exceed 5 per cent of the school department’s required net school spending budget for such fiscal year; (2) no such transfer shall be made without the prior written approval of the commissioner of education; (3) funds deposited in such accounts, together with any interest or earnings on such deposits, shall be held in reserve by such city or town for the sole purpose of financing the direct costs of department of education approved school construction, renovation or repair projects; (4) any funds held in a school construction reserve account that shows no activity other than earnings on deposits for a period of five years shall, in the following year, be transferred back to the school department as an amount in addition to city or town’s required annual net school spending appropriation; provided further, that funds transferred back to a school department from an inactive school construction reserve account may be expended by the school committee for any undertaking the committee determines to be in furtherance of efforts to improve the educational programs and services provided to public school students. A city or town that establishes a school construction reserve account in accordance with this section may use funds held in such account to directly finance or to pay debt service on borrowing to finance approved school construction projects; provided, however, that funds from the reserve fund may be used only when and to the extent that the city or town lacks the fiscal capacity to meet its school construction financing obligations from other revenue sources. No withdrawal shall be made from a school construction reserve account of a city or town without the prior review and approval of the commissioner of revenue, who shall verify that such city or town lacks the capacity to meet its school construction financing obligations from other revenues.”.

The amendment was rejected.

Mr. Festa of Melrose then asked for a count of the House to ascertain if a quorum was present. The Chair (Mr. Petrolati of Ludlow), 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 148 members were recorded as being in attendance.

[See Yea and Nay No. 358 in Supplement.]

Therefore a quorum was present.

Mr. Petersen of Marblehead and other members of the House moved that the bill be amended by striking out section 49.

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. Petersen; and on the roll call 67 members voted in the affirmative and 84 in the negative.

[See Yea and Nay No. 359 in Supplement.]

Therefore the amendment was rejected.

Mr. Rogers of Norwood and other members of the House moved that the bill be amended in section 2 by striking out items 4000-0300, 4000-0430, 4000-0500, 4000-0600, 4000-0700, 4000-0860, 4000-0880, 4000-1008 and 4100-0060 and inserting in place thereof the following items:

“4000-0300 For the operation of the division, including the administrative costs related to the implementation and operation of programs authorized by sections 9A to 9C, inclusive, and sections 16B and 16C of chapter 118E of the General Laws; provided, that the same standards and regulations for personal care attendants in effect on February l, 2002 shall be retained in fiscal year 2003 unless an agreement to any changes is reached between the division of medical assistance, designees of the governor’s advisory commission on disability policy, the Massachusetts office on disability and the statewide independent living council; provided further, that the same standards and regulations in place for score III, so called, in fiscal year 1998 shall be retained in fiscal year 2003; provided further, that in consultation with the division of health care finance and policy, the division shall not approve any increase in existing medicaid provider rates without taking all measures possible under Title XIX of the Social Security Act to ensure that rates of payment to providers do not exceed such rates as are necessary to meet only those costs which must be incurred by efficiently and economically operated providers in order to provide services of adequate quality; provided further, that expenditures for the purposes of each item appropriated to the division by this act shall be accounted for according to such purpose on the Massachusetts management accounting and reporting system not more than ten days after such expenditures have been made by the medicaid management information system; provided further, that the division shall not make expenditures that are not federally reimbursable, except as specifically authorized herein, or unless made for cost containment efforts the purposes and amounts of which have been submitted to the house and senate committees on ways and means 30 days prior to making such expenditures; provided further, that the division may continue to recover provider overpayments made in the current and prior fiscal years through the medicaid management information system and such recoveries shall be deemed current fiscal year expenditure refunds, so-called; provided further, that the division shall report quarterly to the house and senate committees on ways and means the amounts of said expenditure refunds credited to each item of appropriation; provided further, that the division shall report quarterly to the house and senate committees on ways and means the amount of hand generated payments, so-called, to providers by item from which said payments were made; provided further, that the division shall submit a report to the house and senate committees on ways and means detailing projected expenditures for fiscal year 2003 and 2004 for this item and items 4000-0310, 4000-0320, 4000-0325, 4000-0430, 4000-0500, 4000-0600, 4000-0700, 4000-0860, 4000-0870, 4000-0875, 4000-0880, 4000-0890, 4000-0891, and 4000-1400; provided further, that in identifying said projected expenditures, said report shall account for all assumptions used to project promulgated or projected changes in provider payment rates, average per-member per-month expenditure amounts, and the methods utilized to estimate current and prospective beneficiary enrollment and benefit utilization trend; provided further, that said report shall include monthly member-month caseload, date-of-service and date-of-payment expenditure data by provider type and health benefit plan; provided further, that said report shall detail by item any updates or budgetary revisions made subsequent to the Governor’s budget submission for fiscal year 2004 recommendations, including, but not limited to, any assumptions used to develop said recommendations; provided further, that said report shall be submitted not later than February 15, 2003; provided further, that the division shall report to the house and senate committees on ways and means and to the joint committee on health care by March 1, 2003 concerning its procedures for approving or disapproving reimbursement for experimental medical, surgical or diagnostic treatment, including the availability of a formal appeals process and an expedited appeals process for recipients seeking such treatment and shall include in such report recommendations for improving or establishing appropriate procedures; provided further, that notwithstanding any general or special law to the contrary, federal reimbursements received for administrative expenditures made pursuant to items 4000-0300, 4000-0310, and 40000325 shall be credited proportionally to the General Fund and to the Children’s and Seniors’ Health Care Assistance Fund established pursuant to section 2FF of chapter 29 of the General Laws in the same percentages as expenditures are made from this item from said funds; provided further, that all federal revenues received pursuant to an enhanced rate of reimbursement authorized pursuant to the provision of Title XXI of the federal Social Security Act shall be credited to said Children’s and Seniors’ Health Care Assistance Fund; provided further, that notwithstanding the provisions of any general or special law to the contrary the division, and the division of health care finance and policy shall take any appropriate action to obtain the maximum amount of federal financial participation available for amounts paid to hospitals, determined by the division to be disproportionate share hospitals in accordance with the requirements of Title XIX of the federal Social Security Act, for free care costs of such hospitals; provided further, that such appropriate action may include, but shall not be limited to, the assessment on hospitals for their liability to the uncompensated care pool pursuant to chapter 118G of the General Laws; provided further, that such appropriate action shall include the establishment or renewal of an interdepartmental service agreement between the division and the division of health care finance and policy which may authorize the division to make deposits into and payments from an account established for the purposes within the Uncompensated Care Trust Fund established by section 18 of said chapter 118G, or authorize the division of health care finance and policy to transfer uncompensated care fee revenue collected from hospitals pursuant to said chapter 118G or funds otherwise made available to said trust fund by the general court, to the division for the purposes of making disproportionate share adjustment payments to hospitals qualifying for such payments in accordance with the commonwealth’s Title XIX state plan and relevant provisions of Title XIX; provided further, that the division may expend amounts transferred to it from the Uncompensated Care Trust Fund by the division of health care finance and policy under such interdepartmental service agreement without further appropriation; provided further, that in no event shall the amount of money assessed upon each hospital exceed the hospital’s gross liability to the Uncompensated Care Trust Fund as determined by the division of health care finance and policy pursuant to said section 18 of said chapter 118G; provided further, that any federal funds obtained as a result of said actions shall be deposited in the General Fund; provided further, that the offices of the state treasurer and the comptroller shall establish such procedures as may be necessary to accomplish said purposes, including procedures to facilitate the expeditious assessment, collection, and expenditure of said funds; provided further, that notwithstanding the provisions of any general or special law to the contrary, the division may expend $32,000,000 from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund for certain acute care hospitals for the intergovernmental funds transfer component of disproportionate share payments and service rate payments as established in accordance with said Title XIX of said federal Social Security Act, or any successor federal statute, any regulations promulgated thereunder, the medicaid state plan, and the terms and conditions of agreements reached with the division for such transfer payments; provided further, that no such funds shall be expended unless the acute care hospital has executed the division’s current acute hospital request for applications and contract, and a public entity is legally obligated to make an intergovernmental funds transfer to the division for deposit into said medical assistance intergovernmental transfer account in an amount specified in an agreement with such entity which shall not be less than 50 per cent of the amounts of said disproportionate share and service rate payments; provided further, that all revenues generated pursuant to said provisions shall be credited to said medical assistance intergovernmental transfer account; provided further, that notwithstanding the provisions of any general or special law to the contrary, the division may expend, subject to federal approval, from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund up to $120,000,000 for the intergovernmental funds transfer component of medicaid payments to the University of Massachusetts memorial hospital for hospital services provided pursuant to the terms and conditions of the contract between the division and said hospital; provided further, that in order to receive payment, said hospital shall have executed the division’s current acute hospital request for applications and contract; provided further, that said medical assistance intergovernmental transfer account shall be reimbursed by the University of Massachusetts medical school an amount specified in the contract which amount shall be not less than 50 per cent of the division’s expenditure for said purposes; provided further, that the division may make this expenditure on or before September 30, 2003; provided further, that not later than 60 days after such expenditure, the University of Massachusetts medical school shall submit to the secretary of administration and finance and the house and senate committees on ways and means a report detailing the programs funded from revenue associated with this section; provided further, that notwithstanding the provisions of any general or special law to the contrary, during fiscal year 2003 and including the accounts payable period for said fiscal year, the division of medical assistance may expend from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund an amount not to exceed $425,000,000 for a program of MassHealth supplemental payments, so called, to certain publicly-operated entities providing Title XIX reimbursable services, directly or through contracts with hospitals under an agreement with the division relating to such payments and transfers as established in accordance with said Title XIX of said federal Social Security Act or federal waivers thereof, federal regulations promulgated thereunder, the terms of the waiver under section 1115 of the Social Security Act, state law, and the medicaid state plan; provided further, that such funds may be expended only for payment obligations arising during fiscal year 2003; provided further, that such expenditures shall reduce payments from the Uncompensated Care Trust Fund, to such entities by an amount comparable to the net revenues received by such entities under this section; provided further, that said division shall notify the house and senate committees on ways and means if such expenditures are rendered ineligible for federal reimbursement; provided further, that amounts so authorized for said expenditure shall be funded in part through intergovernmental transfers to the commonwealth or municipal or other nonfederal public funds; provided further, that the Boston public health commission and the Cambridge public health commission shall transfer to said medical assistance intergovernmental transfer account not less than one-half of the gross amounts of supplemental payments, so called, made by the division under managed care contracts with said commissions; provided further, that the commissioner of said division shall collaborate with the secretary of the executive office of elder affairs, the commissioners of the department of public health, department of mental health, and department of mental retardation, the directors of the group insurance commission and the state office of pharmacy services, and the superintendents of the soldiers’ homes in Chelsea and Holyoke in order to develop a program of aggregate purchase of prescription drugs or a program to negotiate discounts with pharmaceutical companies on behalf of its member agencies and also on behalf of Massachusetts residents; provided further, that said group shall work to seek federal approval for such program of aggregate purchase of prescription drugs or for approval to negotiate discounts with pharmaceutical companies; provided further, that said commissioner may contract with an independent consultant in order to assist said group to develop either recommended program; provided further, that the names of pharmaceutical companies who do and do not enter into either a program of aggregate purchase of prescription drugs or a program of negotiated discounts with the prescription drug purchasing program created in this item are public information; provided further, that said group shall release this information to health care providers and the public on a regular basis and shall publicize participation by pharmaceutical companies that is of particular benefit to the public; provided further, that notwithstanding any general or special law to the contrary, the commissioner of said division shall have the option to impose prior authorization requirements in the Medicaid program administered by the commonwealth, as permitted by law, for the dispensing of prescription drugs provided by those pharmaceutical companies who do not enter into either a program of aggregate purchase of prescription drugs or a program of negotiated discounts with the prescription drug purchasing group; provided further, that said commissioner shall present her findings in written form to the house and senate committees on ways and means and the joint committee on health care not later than October 1, 2002; provided further, that notwithstanding the provisions of any general or special law or rule or regulation to the contrary, said division shall seek federal approval to amend their medicaid state plan to eliminate coverage of optional methadone clinic services and transportation to and from said services for all MassHealth beneficiaries as defined in section 9A of Chapter 118E of the General Laws, as so appearing in the 2000 Official Edition; provided further, that said division shall report to the house and senate committees on ways and means within ten days of receiving approval from the centers for medicare and medicaid services, so called, to implement said change and shall submit an updated copy of 130 CMR 418.401 et seq. which shall be reflective of the changes directed by the provisions of this item; provided further, that notwithstanding the provisions of any general or special law to the contrary, there shall not be any expansion in the MassHealth program, so called, in terms of either covered populations or covered services or benefits until at least July 1, 2005; provided further, that notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance shall seek federal approval under section 1115(a) of the Social Security Act to implement a demonstration waiver that would allow the state more flexibility to administer its medicaid program; provided further, that said division shall request a waiver that would help the state sustain its existing coverage for low-income children and other vulnerable populations covered under its Medicaid optional programs by allowing the state programmatic flexibility to adopt cost-sharing, benefit design flexibility, and enrollment cap options for its categorically needy and medically needy optional populations; and provided further, that said division shall report to the house and senate committees on ways and means within ten days of receiving federal approval for such a waiver and shall include in said report an outline of the appropriate steps said division will take to implement cost-sharing initiatives such as co-payments and premiums for said optional populations and optional services; provided further, that said report shall include a detailed analysis by line item of anticipated savings in spending expected from such changes to the structure of the state medicaid program; provided further, that notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance may expend an amount not to exceed $4,000,000 from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund for Title XIX disproportionate share and service rate payments to the city of Haverhill, as successor-in-interest to Hale Hospital for this purpose; provided further, that such payments shall be established in accordance with Title XIX of the federal Social Security Act, or any successor federal statute, any regulations promulgated thereunder, the Massachusetts Title XIX state plan and the terms and conditions of an agreement reached with the division for such payments; provided further, that no funds shall be expended unless the city of Haverhill is legally obligated to make an intergovernmental funds transfer in an amount specified in an agreement with such entity, which amount shall not be less than fifty per cent of such Title XIX payment; provided further, that said agreement shall require the city of Haverhill to reimburse the commonwealth for any amount of federal financial participation for said payments that the division determines have been disallowed by the federal government; provided further, that if the city of Haverhill is unable to reimburse or fails to reimburse the commonwealth such amount, the state comptroller shall intercept cherry sheet payments, so called, due the city of Haverhill from the commonwealth upon certification by the secretary of administration and finance that said city has failed to pay such amount; provided further, that all revenues generated pursuant to the provisions of this section shall be credited to the medical assistance intergovernmental transfer account and administered in accordance with the provisions of subsection (o) of section 18 of chapter 118G of the General Laws; provided further, that notwithstanding any general or special law to the contrary, said division shall not withhold payments from a provider of durable medical equipment during the overpayment review process and until a final determination has been issued by the commissioner following an adjudicatory hearing or by the division following a consideration and review where no adjudicatory hearing was timely requested; provided further, that said division may withhold payments to a provider of durable medical equipment during the adjudicatory hearing process or nonadjudicatory review process if (a) it has clear and convincing evidence that a provider of durable medical equipment will cease doing business during the such processes or (b) it receives a request to withhold payment from the Medicaid fraud control unit of the department of the attorney general based upon the unit having probable cause to believe that the provider has engaged in a course of fraudulent conduct; and provided further, that a provider of durable medical equipment shall have the right to bring an equitable action over the amount of a payment withheld by the division in a superior court of competent

jurisdiction 50,484,955

General Fund 85.84%

Children’s and Seniors’

Health Care

Assistance Fund 14.16%

4000-0430 For the CommonHealth program to provide primary and supplemental medical care and assistance to disabled adults and children pursuant to sections 9A, 16 and 16A of chapter 118E of the General Laws; provided, that funds may be expended from this item for health care services provided to said recipients in prior fiscal years; provided further, that the division shall maximize federal reimbursement for state expenditures made on behalf of said adults and children; provided further, that the division shall adhere to the same time standards for processing of a CommonHealth application as govern applications under Title XIX of the Federal Social Security Act, namely within 45 days of receipt of a completed application or within 90 days if a determination of disability is required; provided further, that children shall be determined eligible for said medical care and assistance if said children meet the disability standards as defined by the division of medical assistance and that said disability standards shall be no more restrictive than the standards in effect on July 1, 1996; provided further, that no funds appropriated herein shall be expended for the purpose of a dispensing fee, so called, to retail pharmacies after the federal approval of sections 53 and 134 of this act; provided further, that said fees shall be paid out the Health Care Escrow Fund, established pursuant to section 2DDD of Chapter 29, as established by this act; and provided further, that no funds appropriated herein shall be used for methadone clinic services or transportation to or from said

services 54,745,000

4000-0500 For health care services provided to medical assistance recipients under the division’s primary care clinician/mental health and substance abuse plan or through a health maintenance organization under contract with the division, including recipients of emergency assistance to elderly, disabled, and children and department of mental health eligible clients as defined in clause (d) of section 9A of chapter 118E of the general laws and as amended by this act; provided, that funds may be expended from this item for health care services provided to said recipients in prior fiscal years; provided further, that no payment for special provider costs shall be made from this item without the prior written approval of the secretary of administration and finance; provided further, that expenditures from this item shall be made only for the purposes expressly stated herein; provided further, that the commissioners of medical assistance and mental health shall report quarterly to the house and senate committees on ways and means relative to the performance of the managed care organization under contract with the division to administer the mental health and substance abuse benefit; provided further, that such quarterly reports shall include, but not be limited to, analyses of utilization trends, quality of care and costs across all service categories and modalities of care purchased from providers through the mental health and substance abuse program, including those services provided to clients of the department of mental health; provided further, that payment of any additional amounts for administration to its mental health and substance abuse benefits contractor, including any financial or performance incentives, shall be contingent on the contractor first providing to the house and senate committees on ways and means an analysis of the difference between inpatient and outpatient provider costs and the rates of payment by said contractor; provided further, that such analysis shall include a plan to address such difference, if any, between said costs and payments; provided further, that not less than $5,000,000 shall be expended for disproportionate share payments for inpatient services provided at pediatric specialty hospitals and units; provided further, that $1,100,000 shall be available for the provision of medical interpreter services to MassHealth members in emergency rooms or acute psychiatric units within acute care or psychiatric hospitals; provided further that not less than twenty percent of said amount shall be expended for grants awarded through a competitive bidding process intended for demonstrate innovative methods to improve interpreter services and contain costs; provided further, that no funds appropriated herein shall be expended for the purpose of a dispensing fee, so called, to retail pharmacies; provided further, that the department shall reimburse acute care hospitals in the department of mental health’s designated northeast area, so called, for short-term inpatient psychiatric services at the same per diem rate as is paid to hospitals located in the department of mental health’s currently designated metro suburban area, so called; provided further, that said fees shall be paid out the Health Care Escrow Fund, established pursuant to section 2DDD of Chapter 29, as established by this act after the federal approval of sections 53 and 134 of this act; and provided further, that no funds appropriated herein shall be used for methadone clinic services or transportation to

or from said services 1,993,500,000

4000-0600 For health care services provided to medical assistance recipients under the division’s senior care plan; provided, that funds may be expended from this item for health care services provided to said recipients in prior fiscal years; provided further, that no payment for special provider costs shall be made from this item without the prior written approval of the secretary of administration and finance; provided further, that notwithstanding the provisions of item 4000-0310, not less than $8,600,000 shall be made available from this item to pay for the cost of home and community-based health waiver services provided to elderly medicaid recipients enrolled in the section 2176 waiver, so-called; provided further, that expenditures from this item shall be made only for the purposes expressly stated herein; provided further, that no funds appropriated herein shall be used for methadone clinic services or transportation; provided further, that notwithstanding the provisions of any general or special law to the contrary, payment by the division of medical assistance for reserving a bed in a nursing facility for the temporary absence from the facility of an individual receiving assistance under chapter 118E of the General Laws shall be made at the lowest management minutes category rate for the nursing facility; provided further, that such payment shall not be made for more than ten days per hospital stay for a medical leave of absence or for more than 15 days per calendar year for an authorized non medical leave of absence; provided further, that for the purposes of this item, a medical leave of absence shall be defined as an inpatient hospital admission which meets all criteria for medicare hospital level of care pursuant to the provisions of Title XVIII of the federal Social Security Act, as determined by the federal center for medicaid and medicare services or its agent; provided further, that notwithstanding the provisions of any general or special law to the contrary, said division is hereby authorized to implement the senior care options demonstration project, so called, as a pilot program for fiscal year 2003; provided further, that said division shall notify the house and senate committees on ways and means at least thirty days before beginning to enroll eligible medicare and medicaid dual-beneficiary persons into said program and shall present the necessary documentation to prove that the center for medicare and medicaid services, so called, has approved said program; provided further, that said division shall in correlation with this project explore options for enrolling the senior care population into managed care programs through federal waivers or other necessary means; provided further, that said division shall submit a report to the house and senate committees on ways and means by February 15, 2003 detailing the number of persons enrolled in said program for the first two quarters of fiscal year 2003, the outcomes for enrollees of said program, and the impact, if any, on aging service access points, so called, across the commonwealth due to the implementation of said pilot program; provided further, that no funds appropriated herein shall be expended for the purpose of a dispensing fee, so called, to retail pharmacies after the federal approval of sections 53 and 134 of this act; provided further, that said fees shall be paid out the Health Care Escrow Fund, established pursuant to section 2DDD of Chapter 29, as established by this act; provided further, that expenditures from this item shall include a demonstration project known as the community choices initiative, so called; provided further, that under said demonstration, eligible MassHealth enrollees in the section 2176 elder care waiver, so-called, shall be provided additional community services, from among those services covered under said waiver or under the Commonwealth’s Title XIX state plan, for the purpose of delaying or preventing an imminent nursing home placement; provided further, that elders at risk of imminent nursing home placement, enrolled in said waiver, shall be provided information about the availability of such additional services; provided further, that the criteria for determining whether an elder is at imminent risk of nursing home placement shall be defined in the interagency agreement between the division and the executive office of elder affairs and such determination may be delegated to a third party pursuant to the terms of said agreement; provided further, that for elders who, pursuant to the aforementioned interagency agreement, have been determined to be at such imminent risk, have chosen to remain in the community, and for whom community care is medically appropriate, the division shall establish a benefit level that, on a monthly average basis, is equal to fifty percent of the median monthly per capita expenditure made by the division for nursing facility services provided to elders; provided further, that such benefits may include needed waiver services or other needed community services available to said elders under said state plan; provided further, that said interagency agreement shall be amended to implement said demonstration project; provided further, that said agreement shall describe how adequate levels of funding will be made available, either through division payments to providers or through funds transfers to said executive office, to reimburse the benefit levels described herein; provided further, that said division, the executive office of elder affairs and each aging services access point shall enter into a three party agreement, so-called, which shall describe a system to be followed by each aging services access point for authorizing and managing the delivery and utilization of both waiver and non-waiver community services needed by those elders at risk of imminent placement in a nursing home; provided further, that each aging services access point receiving funds under said demonstration project shall submit to said division and to the executive office of elder affairs monthly reports on the services provided and the expenditures made to those elders served under said 2176 elder care waiver; provided further, that said division and the executive office of elder affairs shall each prepare a report on all relevant costs and savings associated with said demonstration project; and provided further, that said report shall be submitted to the house and senate committees on ways

and means not later than April 1, 2003 1,714,220,000

4000-0700 For health care services provided to medical assistance recipients under the division’s health care indemnity/third party liability plan and medical assistance recipients not otherwise covered under the division’s managed care or senior care plans; provided, that funds may be expended from this item for health care services provided to said recipients in prior fiscal years; provided further, that no payment for special provider costs shall be made from this item without the prior written approval of the secretary of administration and finance; provided further, that expenditures from this item shall be made only for the purposes expressly stated herein; provided further, that no funds appropriated herein shall be expended for the purpose of a dispensing fee, so called, to retail pharmacies after the federal approval of sections 53 and 134 of this act; provided further, that said fees shall be paid out the Health Care Escrow Fund, established pursuant to section 2DDD of Chapter 29, as established by this act; and provided further, that no funds appropriated herein shall be used for methadone clinic services

transportation to or from said services 1,097,997,000

4000-0860 For MassHealth benefits provided to children and adults pursuant to clauses (a), (b), (c), (d) and (h) of subsection 2 of section 9A of chapter 118E of the General Laws; provided, that no funds shall be expended from this item for children and adolescents pursuant to said clause (c) of said subsection 2 whose family incomes, as determined by the division, exceed 150 per cent of the federal poverty level; provided further, that funds may be expended from this item for health care services provided to said recipients in prior fiscal years; provided further, that all federal reimbursements received for expenditures from this item pursuant the provisions of Title XIX and Title XXI of the federal Social Security Act shall be credited to the Children’s and Seniors’ Health Care Assistance Fund; provided further, that no funds appropriated herein shall be expended for the purpose of a dispensing fee, so called, to retail pharmacies after the federal approval of sections 53 and 134 of this act; provided further, that said fees shall be paid out the Health Care Escrow Fund, established pursuant to section 2DDD of Chapter 29, as established by this act; and provided further, that no funds appropriated herein shall be used for methadone clinic services or transportation

to or from said services 335,247,000

Children’s and Seniors’

Health Care

Assistance Fund 100.0%

4000-0880 For MassHealth benefits pursuant to the provisions of clause (c) of subsection 2 of section 9A and section 16C of chapter 118E of the General Laws for children and adolescents whose family incomes as determined by the division are above 150 per cent of the federal poverty level; provided, that funds may be expended from this item for health care services provided to said children and adolescents in prior fiscal years; provided further, that all federal reimbursements received for expenditures from this item pursuant to the provisions of Title XXI of the federal Social Security Act shall be credited to the Children’s and Seniors’ Health Care Assistance Fund; provided further, that no funds appropriated herein shall be expended for the purpose of a dispensing fee, so called, to retail pharmacies after the federal approval of sections 53 and 134 of this act; provided further, that said fees shall be paid out the Health Care Escrow Fund, established pursuant to section 2DDD of Chapter 29, as established by this act; and provided further, that no funds appropriated herein shall be used for methadone

clinic services or transportation 61,764,000

Children’s and Seniors’

Health Care

Assistance Fund 100.0%

4000-1008 For nonrecurring payments to financially distressed hospitals; provided, that the division shall collaborate with the division of health care finance and policy and the department of public health to determine the methodology by which to make said payments; provided further, that the division shall make said payments in a manner designed to maximize federal financial participation and to achieve the greatest possible gains in patient care and public health; provided further, that the methodology for making said payments shall take into account such factors as negative operating margins, insufficient cash flow and the likelihood of closure or loss of critical community services in identifying financially distressed hospitals; provided however, that the division shall give priority in the distribution of funds from this item to those hospitals which, as of June 30, 2002, had less than 30 days of cash to support all operating requirements and which had insufficient cash available to remain open throughout hospital fiscal year 2003; provided further, that not less than ten per cent of the funds appropriated herein shall be granted to hospitals in the western region of the commonwealth that provide child psychiatric inpatient services; provided further, that in order to receive said payments, a hospital must comply with the following provisions: (a) submit a business plan that details strategic steps to be taken over a three year period to enhance the long-term viability of the hospital; (b) quantify specific performance measures and provide the division with quarterly reports on said measures; (c) submit quarterly financial statements to the division; (d) document and submit fundraising initiatives and strategies to compliment any nonrecurring payment received pursuant to this item; and (e) report to the division, the department of public health, and the house and senate committees on ways and means regarding strategies to avoid placing its emergency room on diversion status, so-called; provided further, that said payments shall be completely payable within state fiscal year 2003; provided further, that the division shall file a report not later than January 1, 2003 with the house and senate committees on ways and means detailing: (a) the methodology used to determine the payments; (b) the amount projected to be paid to each such acute care hospital in state fiscal year 2003; and (c) the projected impact of the payments on patient care and the promotion of public health at each facility; provided further, that no grant funds from this item shall be used directly or indirectly by any recipient of such funds for marketing, political contributions, lobbying activities, entertainment or travel expenses, and efforts to assist, promote, deter or discourage union organizing; provided further, that if said division is notified that a recipient of funds from this item has engaged in any of the activities prohibited under this item, the recipient shall be required to document the cost of engagement in any such prohibited activities; provided further, that for any recipient of such funds who is documented by said division to have engaged in any activities prohibited by this item it shall be presumed that distressed hospital funds paid for that proportion of the cost of engagement in prohibited activities which equals the proportion of the recipient’s total revenues which are comprised of distressed hospital funds; provided further, that during the period of the hardship grant, any documented cost of engagement in any activity prohibited by this item shall be reimbursed to

said division 15,000,000

Tobacco Settlement 100.0%

4100-0060 For the operation of the division and the administration of the uncompensated care pool established pursuant to chapter 118G of the General Laws; provided, that notwithstanding the provisions of any general or special law to the contrary, the assessment to acute hospitals authorized pursuant to section 5 of said chapter 118G for the estimated expenses of the division shall include in fiscal year 2003, the estimated expenses, including indirect costs, of the division and shall be equal to the amount appropriated in this item less amounts projected to be collected in fiscal year 2003 from: (1) filing fees; (2) fees and charges generated by the division’s publication or dissemination of reports and information; and (3) federal financial participation received as reimbursement for the division’s administrative costs; provided further, that said assessed amount shall be not less than 65 per cent of the division’s expenses as specified herein; provided further, that the division shall promulgate regulations requiring all hospitals receiving payments from the uncompensated care pool to report to the division the following utilization information: the number of inpatient admissions and outpatient visits by age category, income category, diagnostic category and average charge per admission; provided further, that the division shall submit quarterly to the house and senate committees on ways and means a summary report compiling said data; provided further, that the division, in consultation with the division of medical assistance, shall not promulgate any increase in medicaid provider rates without taking all measures possible under Title XIX of the Social Security Act or any successor federal statute to ensure that rates of payment to providers do not exceed such rates as are necessary to meet only those costs incurred by efficiently and economically operated providers in order to provide services of adequate quality; provided further, that the division shall meet the reporting requirements of section 25 of chapter 203 of the acts of 1996; provided further, that the division shall share financial data and expertise about the Massachusetts health care industry with the Massachusetts institute for social and economic research for the purpose of enhancing, developing and marketing data products for the public; provided further, that the division and the institute shall share any revenue generated through sale, licensure, royalty and usage fees charged for said data products; provided further, that not later than October 24, 2002, the division shall submit to the comptroller and to the house and senate committees on ways and means a report describing the method by which the division shall generate revenues through said sale, licensure, royalty, and usage fees in an amount sufficient to meet 25 per cent of the projected costs of the division in any fiscal year, as required by section 612 of chapter 151 of the acts of 1996; provided further, that funds shall be expended for the purposes of a survey and study of the uninsured and underinsured in the commonwealth, including the health insurance needs of the residents of the commonwealth; provided further, that said study shall examine the overall impact of programs administered by the division and the division of medical assistance on the uninsured, the underinsured, and the role of employers in assisting their employees in affording health insurance pursuant to section 23 of chapter 118G of the General Laws; provided further, that for hospital fiscal year 2003, the private sector liability of purchasers and third party payers to the Uncompensated Care Trust Fund established pursuant to section 18 of chapter 118G of the General Laws shall be $270,000,000; provided further, that for state fiscal year 2003, notwithstanding the provisions of any general or special law to the contrary, $45,000,000 generated by federal financial participation made available under Title XIX of the federal Social Security Act to reimburse the costs of said trust fund for disproportionate share hospitals shall be deposited into said trust fund; provided further, that the division shall publish annual reports on the financial condition of hospitals and other health care providers through the Health Benchmarks project website, in collaboration with the executive office of health and human services, the office of the attorney general, and the University of Massachusetts; provided further, that said division shall submit to the house and senate committees on ways and means not later than December 6, 2002 a report detailing utilization of the uncompensated care pool; provided further, that said report shall include: (1) the number of persons in the Commonwealth whose medical expenses were billed to said pool in fiscal year 2002; (2) the total dollar amount billed to said pool in fiscal year 2002; (3) the demographics of the population using said pool, and; (4) the types of services paid for out of said pool funds in fiscal year 2002; provided further, that the division shall include in said report an analysis on hospitals’ responsiveness to enrolling eligible individuals into the MassHealth program, so-called, upon the date of service rather than charging said individuals to the uncompensated care pool; provided further, that said division shall include in said report possible disincentives the state could provide to hospitals to discourage such behavior; provided further, that notwithstanding the provisions of any general or special law or rule or regulation to the contrary, said division shall not allow any exceptions to the usual and customary charge defining rule, so called, as defined in 114.3 CMR 31.02, for the purposes of drug cost reimbursement to eligible pharmacy providers for publicly aided and industrial accident patients; provided further, that said division shall notify the house and senate committees on ways and means within ten days of the completion of the required public notification period necessary to implement the provisions of this item; provided further, that notwithstanding the provisions of any general or special law or rule or regulation to the contrary, said division, for the purposes of drug cost reimbursement to eligible pharmacy providers for publicly aided and industrial accident patients, shall define the estimated acquisition cost for a single source brand name drug, so called, as the wholesale acquisition cost for both legend and non-legend drugs; provided further, that said division shall defined the estimated acquisition cost for a multiple source generic drug, so called, as the wholesale acquisition cost minus twenty per cent for both legend and non-legend drugs; provided further, that all terms used in this item are as defined in 114 CMR 31.02, except that for the purposes of this section only, the term eligible pharmacy providers shall not include those pharmacies that serve publicly aided long-term care patients in facilities licensed by the department of public health pursuant to section 71 of chapter 111 of the general laws; and provided further, that said division shall notify the house and senate committees on ways and means within ten business days after the completion of the required public notification period necessary to

implement the provisions of this item 10,084,422”;

By striking out section 28 and inserting in place thereof the following section:

“SECTION 28. Chapter 29 of the General Laws, as so amended, is hereby amended by inserting after section 2CCC the following new section:—

Section 2DDD. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Health Care Escrow Fund. There shall be credited to said fund: (a) amounts transferred pursuant to paragraph (i) of section 3 of chapter 29D; (b) any appropriation, grant, gift or other contribution explicitly made to such fund; and any income derived from investment of amounts credited to said fund. Amounts credited to said fund shall be expended pursuant to section 25 of chapter 118G. Monies in said fund shall be expended by the division of medical assistance solely for payment for services provided to MassHealth members by nursing homes and pharmacies participating in MassHealth. In conjunction with the preparation of the commonwealth’s comprehensive annual financial report, the comptroller shall prepare and issue an annual report detailing the revenues and expenditures of said fund.”;

By striking out sections 31, 32 and 33 and inserting in place thereof the following three sections:

“SECTION 31. Section 1 of Chapter 29D of the General Laws, as appearing in the 2000 Official Edition, is hereby amended in line 12 by inserting after the word ‘action.’ the following:— and funds generated from the assessment established pursuant to section 25 of Chapter 118G, including all federal financial participation resulting from MassHealth service expenditures funded by said assessment and interest thereon.

SECTION 32. Subsection (a) of section 3 of Chapter 29D of the General Laws, as amended by chapter 177 of the acts of 2001, is hereby amended by adding at the end thereof the following:—

(v.) any monies collected pursuant to section 25 of Chapter 118G of the General Laws.

(vi) any federal reimbursements received pursuant to Title XIX of the Social Security Act and 42 U.S.C. Section 1396b(w), or any successor statutes resulting from MassHealth service expenditures funded by the assessment established pursuant to said section 25 of Chapter 118G of the General Laws.

SECTION 33. Said section 3 of Chapter 29D of the General Laws, as so appearing, is hereby amended by adding after subsection (h) the following section:—

(i.) The comptroller shall transfer, on the first business day of each quarter, the amount determined to be necessary pursuant to section 25 of chapter 118G, to the Health Care Escrow Fund established by section 2DDD of Chapter 29.”;

By striking out section 53 and inserting in place thereof the following section:

“SECTION 53. Chapter 118G of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting the following new section:

Section 25. (1) For the purposes of this section, the following terms shall have the following meanings:

‘Assessment’, for all nursing homes, as defined herein, an amount assessed upon each non-Medicare reimbursed patient day. A Medicare-reimbursed patient day is a Medicare Part A patient day paid for under either an indemnity fee-for-service arrangement or a Medicare health maintenance organization (HMO) contract. For all pharmacies, as defined herein, an amount assessed upon each non-Medicare and non-Medicaid prescription dispensed by said pharmacies.

‘MassHealth’, the medical assistance program administered by the division of medical assistance pursuant to chapter 118E of the General Laws and in accordance with Title XIX of the federal Social Security Act or any successor statute.

‘Nursing home’, a nursing home or a distinct part nursing unit of a hospital or other facility licensed by the department of public health pursuant to section 71 of chapter 111 of the General Laws.

‘Patient day’, day of care provided to an individual patient by a nursing home as defined herein.

‘Pharmacy’, any dispensary licensed under the provisions of chapter 111 of the general laws and registered by the board of registration in pharmacy in accordance with the provisions of chapter 112 of the general laws under the direction or supervision of a registered pharmacist which is authorized to dispense controlled substances, including, but not limited to retail drug business as defined in section 1 of chapter 94C of the General Laws.

(2) Each nursing home and each pharmacy shall pay an assessment hereunder to the division quarterly in arrears on or before the forty-fifth day next succeeding the end of the quarter. Interest shall be paid on all late payments at a rate equal to 4 percent per day. The receipts from such assessments, any federal financial participation received by the commonwealth for MassHealth service expenditures funded by these assessments and interest thereon shall not be deposited in the General Fund but shall be credited to the Health Care Security Trust Fund established by chapter 29D of the General Laws.

(3) The commissioner shall prepare a form on which each nursing home shall report quarterly its total patient days and shall calculate the assessment due. The commissioner shall also prepare a form on which each pharmacy shall report quarterly the total number of prescriptions issued and shall calculate the assessment due. The commissioner shall distribute the forms to each nursing home and pharmacy at least annually. The failure to distribute the form or the failure to receive a copy of the form shall not stay the obligation to pay the assessment by the date specified herein.

(4) The division shall have the authority to inspect and copy the records of a nursing home or pharmacy for purposes of auditing its calculation of said assessment. In the event that the division determines that a nursing home or pharmacy has either overpaid or underpaid the assessment, the division shall notify the nursing home or pharmacy of the amount due or refund the overpayment.

(5) In the event that a nursing home or pharmacy is aggrieved by a decision of the division that an assessment was underpaid by such nursing home or pharmacy, the nursing home or pharmacy may file an appeal to the division of administrative law appeals within 60 days of the date of the notice of underpayment or the date the notice was received, whichever is later. The division of administrative law appeals shall conduct each appeal as an adjudicatory proceeding pursuant to chapter 30A, and a nursing home aggrieved by a decision of the division of administrative law appeals shall be entitled to judicial review pursuant to section 14 of said chapter 30A.

(6) The commissioner may enforce the provisions of this section by instituting an action for legal and/or equitable relief in the superior court. In any such action the commissioner may seek to collect on behalf of the division, any assessment due under this section as well as any interest due thereon.

(7) Monies in the Health Care Escrow Fund, established pursuant to section 2DDD of chapter 29 of the General Laws, shall be expended solely for payment for services to MassHealth members provided by nursing homes and pharmacies participating in MassHealth. The division shall quarterly determine the amount of such MassHealth service expenditures funded by the assessment hereunder and shall provide written notice of such amount to the comptroller prior to the first business day of each quarter. The comptroller shall transfer from the Health Care Security Trust Fund, established pursuant to section 1 of chapter 29D of the General Laws, to the Health Care Escrow Fund, established by section 2DDD of Chapter 29, on the first business day of each quarter, the amount indicated by the division.

The division shall promulgate regulations necessary to implement this section.”;

By striking out sections 133 and 134 (as printed) and inserting in place thereof the following two sections:

“SECTION 117. Notwithstanding any general or special law or any rule or regulation to the contrary, the division of health care finance and policy and the division of medical assistance shall not implement the assessment set forth in section 25 of chapter 118G of the General Laws, as established herein, including the submission of state plan amendments, unless said division has obtained assurances and approval from the Centers for Medicare & Medicaid Services of the United States Department of Health and Human Services: (1) that said assessment complies with the Medicaid Voluntary Contribution and Provider-specific Tax Amendments of 1991, P.L. 102-234, as amended; (2) that the assessment is a broad based health care related fee, as defined in 42 U.S.C. Section 1396b(w)(3)(B); (3) that the commonwealth will receive federal financial participation for payments to nursing homes and pharmacies participating in MassHealth; and (4) that CMS will approve the Medicaid state plan amendment reflecting such payments effective July 1, 2002.

SECTION 118. (1) Notwithstanding the provisions of any general or special law to the contrary, the user fee for nursing homes established pursuant to section 25 of chapter 118G shall be $145,000,000 for fiscal year 2003; (2) The division of medical assistance shall make payments from the Health Care Escrow Fund, established pursuant to section 2DDD of Chapter 29 of the General Laws, to fund enhanced nursing home rates established by the division of health care finance and policy for a total of $270,000,000 in fiscal year 2003 in the following manner: (a) $104,400,000 for enhanced nursing home rates, provided that such enhanced rates shall become effective and shall remain in effect solely upon federal approval of the funding of such rates by the assessment for nursing homes established pursuant to section 25 of chapter 118G; (b) $70,000,000 to fund the use of 2000 base year cost information for rate determination purposes for nursing home payment rates, effective July 1, 2002; (c) an amount sufficient to implement the provisions of section 622 of chapter 151 of the acts of 1996; (d) $48,800,000 to fund a one-time additional rate increase, the methodology of which will be determined by the division of health care finance and policy to improve the quality of nursing staff in nursing homes; (e) $12,000,000 to fund one-time enhanced payments to nursing facilities for capital costs. The remaining balance shall be expended pursuant to rules and regulations established by the division and the division of health care finance and policy. All federal financial participation collected from said payments shall be credited to the Health Care Security Trust, pursuant to the provisions of section 1 of Chapter 29D of the General Laws as amended by this act; (3) Said division shall make additional payments from the Health Care Escrow Fund, in collaboration with the division of health care finance and policy, in the following manner:

(i.) $5,000,000 for a one-time rate enhancement for services provided by individuals licensed pursuant to section 2 of Chapter 112 of the General Laws;

(ii.) $5,000,000 for the purpose of awarding one-time grants to community health centers, including $205,000 for the Cape Cod Free Clinic, for capital, equipment, and other costs for the purpose of increasing access to health care for medically underserved populations or areas of the commonwealth through extended hours and innovative urgent care strategies including but not limited to diverting non-emergency visits from hospital emergency departments. The criteria for awarding such grants shall include, but not be limited to, the lack of sufficient access to cost-effective outpatient services in the geographic area of the applicant, the ability of the applicant to implement cost-effective services, the ability of the applicant to financially sustain the program in future years, the long-term viability of the applicant, and any other criteria the commissioners of said divisions deem appropriate. An advisory group consisting of the secretary of health and human services, who shall chair the group, the commissioner of the division of medical assistance, the commissioner of the department of public health, the executive director of the Massachusetts league of community health centers, or their designees, shall recommend to the commissioner of health care finance and policy not later than 45 days after the effective date of this act the most efficacious means of awarding said grants consistent with the provisions of this section. The grants shall be awarded not later than six months after the effective date of this act. The commissioner of health care finance and policy shall submit a report to the house and senate committees on ways and means when the grants are awarded, specifying which community health centers will receive funds from this item and the amounts and uses of the awards.

(iii.) $3,500,000 for non-recurring payments to financially distressed nonprofit health care providers, including nursing facilities and home health care providers. Said division shall make said payments in a manner designed to maximize federal financial participation and to achieve the greatest possible gains in patient care and public health. The methodology for making said payments shall take into account such factors as negative operating margins, insufficient cash flow and the likelihood of closure or loss of critical community services in identifying financially distressed providers. Said division shall give priority in the distribution of funds from this item to those providers which had insufficient cash available as of June 30, 2002 to remain in business throughout state fiscal year 2003. In order to receive said payments, a provider shall comply with the following provisions: (a) submit a business plan that details strategic steps to be taken over a three year period to enhance the long-term financial viability of the provider; (b) quantify specific performance measures and provide the division with quarterly reports on said measures; (c) submit quarterly financial statements to the division; and (d) document and submit fundraising initiatives and strategies to compliment any nonrecurring payment received pursuant to this item. Said payments shall be completely payable within state fiscal year 2003. Said division shall file a report not later than January 1, 2003 with the house and senate committees on ways and means detailing: (a) the methodology used to determine the payments; (b) the amount projected to be paid to each such provider in state fiscal year 2003; and (c) the projected impact of the payments on the patient care systems supported by each provider.

(iv.) $6,500,000 for grants to community health centers for one-time grants to be administered on the basis of demonstrated need as a result of changes to section 9A of chapter 118E of the general laws and changes in the scope of coverage for substance abuse services available through MassHealth in fiscal year 2002.

(4) The user fee for pharmacies established pursuant to section 25 of chapter 118G of the General Laws shall be $36,000,000 in fiscal year 2003 and shall be assessed in a uniform, broad based manner on all pharmacies pursuant to the provisions of said section 25 of said chapter 118G. Said division shall make payments from the Health Care Escrow Fund, established pursuant to section 2DDD of Chapter 29 of the General Laws, to said pharmacies, as defined in section 25 of Chapter 118G, pursuant to the provisions of 114.3 CN4R 31.07. All federal financial participation credited from said payment shall be credited to the Health Care Security Trust, pursuant to the provisions of section 1 of Chapter 29D of the General Laws and as amended by this act.”; and

By adding at the end thereof the following five sections:

“SECTION 188. Notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance is authorized to begin payment from the general fund on the previously scheduled $70,000,000 rate increase to fund the use of 2000 base year cost information for rate determination purposes for nursing home payment rates and dispensing fees to retail pharmacies beginning July 1, 2002. The division may fund this rate increase and appropriate dispensing fee before federal approval of the funding of rate increases detailed in clauses (a), (c), (d), and (e) of subsection 2 of section 134 of this act and the approval of subsection 4 of section 134 of this act. Upon federal approval of the funding of rates pursuant to section 134 of this act by the assessment on nursing homes and retail pharmacies established pursuant to section 25 of chapter 118G, any amount expended from the general fund for the purposes of this section shall be reimbursed from the Health Care Escrow Fund established pursuant to this act.

SECTION 189. Notwithstanding any general or special law to the contrary, no methadone clinic, as defined, in part, in section 52 of chapter 111 of the general laws, shall be located or established within one mile of real property comprising a public or private accredited preschool, accredited head start facility, elementary, vocational or secondary school, whether or not in session, or a public park or playground, a house of worship, public library, day care facility, federally or state funded low or moderate or elderly housing or designated heritage river.

SECTION 190. Notwithstanding any general or special law to the contrary, section 74 of chapter 177 of the acts of 2001 is hereby amended in line 14, by striking the number ‘4’ and inserting in place thereof the number ‘5’ and in line 18 by inserting after the word ‘Roundtable’ the following:— ‘one of whom shall be representative of the Massachusetts Council of Community Hospitals’.

SECTION 191. Section 9A of Chapter 118E is hereby amended by striking clause (d) and inserting in place thereof the following:—

(d) adults 19 to 64, inclusive, whose financial eligibility as determined by the division does not exceed 100 per cent of the federal poverty level and who otherwise would not qualify for Medicaid within the definition of traditional beneficiaries other than their status as recipients of emergency assistance to elderly, disabled, and children or department of mental health eligible clients; provided, however, that said adults shall meet such other eligibility criteria that the division and the secretary may establish, including, but not limited to, the presence of dependent children in the household.

SECTION 192. Notwithstanding any general or special law to the contrary or the provisions of item 1000-0001 of section 2 of this act, the comptroller shall not transfer $36,592,082 from the general fund to the children’s and seniors health care assistance fund established by section 2 of chapter 29 of the general laws. Said amount shall remain in the general fund and be available for general appropriations.”.

Mr. Marini of Hanson then moved that the amendments offered by Mr. Rogers of Norwood and other members of the House be amended by striking out the following section numbers referenced in said amendment: “28, 31, 32, 33, 53, 133 (as printed), 134 (as printed) and 138 (as printed).”.

After debate on the question on adoption of the further amendment (Mr. Petrolati of Ludlow being in the Chair), the sense of the House was taken by yeas and nays, at the request of Mr. Murphy of Burlington; and on the roll call 43 members voted in the affirmative and 107 in the negative.

[See Yea and Nay No. 360 in Supplement.]

Therefore the further amendment was rejected.

After remarks Mr. Fallon of Malden asked for a count of the House to ascertain if a quorum was present. The Chair (Mr. Petrolati), 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 146 members were recorded as being in attendance.

[See Yea and Nay No. 361 in Supplement.]

Therefore a quorum was present.

After debate on the question on adoption of the amendments offered by Mr. Rogers of Norwood and other members of the House, the sense of the House was taken by yeas and nays, at the request of Mr. Donato of Medford; and on the roll 129 members voted in the affirmative and 22 in the negative.

[See Yea and Nay No. 362 in Supplement.]

Therefore the amendments were adopted.

Mr. DiMasi of Boston being in the Chair, Mr. Rogers of Norwood and other members of the House moved that the bill be amended by striking out section 23 and inserting in place thereof the following section:

“SECTION 23. Section 1 of chapter 29, as appearing in the 2000 Official Edition, is hereby amended by striking in lines 13 through 15, inclusive, the definition for ‘Balanced Budget’ and inserting in place thereof the following definition:—

‘Balanced Budget’, a condition of state finance in which the following requirements are met:

(i) the consolidated net surplus at the end of the fiscal year is greater than or equal to one-half of one percent of state tax revenues for such fiscal year;

(ii) the amount transferred to the stabilization fund pursuant to subsection (a) of section 5C is greater than or equal to one per cent of state tax revenue for such fiscal year;

(iii) and the total amount expended in the general appropriations act and any supplemental appropriations acts adopted subsequent to the passage of said general appropriations act shall not exceed 102 per cent of the expenditures projected in the immediately prior fiscal year plus the rate of inflation, which for the purposes of this subsection shall be defined as the percent increase in the implicit price deflator for state and local government purchases during the most recent twelve-month period for which data is available but shall not be less than 0%; provided further, that transfers or appropriations to the stabilization fund established by section 2H of this chapter, local aid expenditures from the state lottery fund, expenditures from intergovernmental transfers and other forms of federal financial participation which are 100 per cent reimbursable to the Commonwealth and which require no expenditure of state funds shall not be subject to the provisions of this subsection.”;

By striking out section 29 and inserting in place thereof the following section:

“SECTION 29. Section 5B of said chapter 29, as so appearing, is hereby amended by striking the last paragraph and inserting in place thereof the following:—

On or before January tenth, the commissioner shall meet with the house and senate committees on ways and means and shall jointly develop a consensus tax revenue forecast for the budget for the ensuing fiscal year which shall be agreed to by the commissioner and said committees. In developing such a consensus tax revenue forecast, the commissioner and said committees, or subcommittees of said committees, are hereby authorized to hold joint hearings on the economy of the commonwealth and its impact on tax revenue forecasts. Said consensus tax estimate shall include an estimate of taxes collected pursuant to chapter 62 for capital gain income, as defined therein. Within said estimate of taxes collected on capital gain income, there shall be identified a base amount and a growth amount. The base amount shall be the amount of capital gain income taxes collected in fiscal year 2003 as estimated by the commissioner of the department of revenue and certified by the state comptroller; provided, that said base amount shall grow at the rate of inflation as defined as the percent increase in the implicit price deflator for state and local government purchases during the most recent twelve-month period for which data is available. The growth amount shall be the amount of capital gain income taxes identified by the commissioner of the department of revenue above the base amount. The growth amount shall be deposited pursuant to the provisions section 6A of chapter 62F into a temporary holding fund by the comptroller. Said growth amount shall not be used in the tax estimate of revenues available for expenditure in the general appropriations act or any supplemental appropriations acts for the ensuing year. Said consensus tax revenue forecast shall be included in a joint resolution and placed before the members of the general court for their consideration. Such joint resolution, if passed by both branches of the general court, shall establish the maximum amount of tax revenue which may be considered — for the general appropriation act for the ensuing fiscal year.”; and by adding at the end thereof the following four sections:

“SECTION 193. Section 2 of chapter 62F of the General Laws is hereby amended by inserting the following definitions:—

‘Cumulative net state tax revenues,’ the sum of the net state tax revenues collected in each quarter of the fiscal year, year-to-date.

‘Cumulative permissible tax revenues,’ the sum of the permissible tax revenues for each quarter of the fiscal year, year-to-date.

‘Permissible revenue growth rate’, growth rate of two percent over the rate of inflation. For this purpose, the rate of inflation shall be the percent increase in the implicit price deflator for state and local government purchases during the most recent twelve-month period for which data is available but shall not be less than 0%.

‘Permissible tax revenue,’ for any quarter or year, an amount equal to the cumulative net state tax revenues of the same period in the immediately preceding fiscal year, multiplied by the sum of one plus the permissible revenue growth rate.

SECTION 194. Section 5 of chapter 62F is hereby amended by inserting, after section (c), the following new section:—

(d) The commissioner shall calculate the permissible tax revenue, as defined in this chapter, on a quarterly basis, in accordance with the manner and fiscal year schedule with which the commissioner calculates tax revenues.

The commissioner shall calculate the year-to-date difference, if any, between cumulative net state tax revenues and cumulative permissible tax revenues. The commissioner shall report said amounts on a quarterly basis to the state comptroller, who shall, pursuant to the provisions of section 6A of this chapter, adjust the balance in the temporary holding fund by the comptroller.

SECTION 195. Chapter 62F of the General Laws is hereby amending by inserting, after section six, the following new section:—

Section 6A. For any quarter of a fiscal year in which cumulative net state tax revenues exceed cumulative permissible tax revenues as defined in this chapter, the comptroller shall transfer such amounts as necessary from the General Fund to the temporary holding fund by the comptroller to ensure that for the end of each quarter of the fiscal year, the balance of the temporary holding fund shall reflect the year-to-date difference between cumulative net state tax revenues and cumulative permissible state tax revenues. If the balance in the temporary holding fund exceeds the year-to-date difference between cumulative net state tax revenues and cumulative permissible state tax revenues, the comptroller shall transfer the amount of the difference to the General Fund. The secretary of administration and finance may promulgate rules, regulations and guidelines to effectuate the purposes of this section.

For any fiscal year when expenditure from the Commonwealth Stabilization Fund is required to pay expenses of the Commonwealth, the comptroller shall reimburse the Commonwealth Stabilization Fund from the temporary holding fund the amount of all such appropriations from the Commonwealth Stabilization Fund, provided that said reimbursement shall not exceed the balance in the temporary holding fund; provided further, that for any fiscal year in which expenditure or transfers from the Stabilization Fund are required, no funds from the temporary holding fund shall be transferred to or expended. After the determination and disposition of consolidated net surplus pursuant to section 5C of chapter 29 and reimbursement of the Commonwealth Stabilization Fund pursuant to this section, any balance in the temporary holding fund after the comptroller makes any transfer to or from the General Fund required for the fourth quarter of a fiscal year shall be transferred in the following proportions: 25 percent to the Tax Reduction Fund established in section 2I of chapter 29; 35 percent to the One-Time Capital Projects Improvement Fund established pursuant to section 2BBB of chapter 29; and 40 percent to the Stabilization Fund established pursuant to section 2H of chapter 29. In the event that the amount of said transfer to the Commonwealth Stabilization Fund would cause the ending balance in the Stabilization Fund to exceed the limits defined in section 2H of chapter 29, the amounts so in excess shall be transferred to the Tax Reduction Fund, established pursuant to section 21 of said chapter 29.

SECTION 196. The provisions of sections 193, 194 and 195 shall take effect on July 1, 2003.”.

Mr. Marzilli of Arlington thereupon raised a point of order that the pending amendments were not properly before the House for the reason that they went beyond the category of the consolidated amendments as prepared by the committee on Ways and Means.

The Chair (Mr. DiMasi of Boston) stated that the point of order was not well taken.

Mr. Marzilli thereupon appealed from the decision of the Chair; and the appeal was seconded by Ms. Balser of Newton.

The question was then put “Shall the decision of the Chair be the judgment of the House?”.

After debate the decision of the Chair was sustained.

After debate on the question on adoption of the amendments offered by Mr. Rogers of Norwood and other members of the House, Ms. Jehlen of Somerville and Ms. Balser of Newton moved that they be amended by adding at the end thereof the following section:

“SECTION 197. The provisions of sections 193, 194, 195 and 196 shall not take effect until a report of a commission consisting of 2 members appointed by the Speaker of the House, 2 members appointed by the President of the Senate, 2 members appointed by the governor, a representative of Mass. Taxpayers Foundation, a representative of Tax Equity Alliance of Mass., and a representative of the Mass. Municipal Association. Said commission shall hold hearings throughout the state and report its findings to the House and Senate prior to the issuance of H1 of FY2004.”.

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 Ms. Balser; and on the roll call 15 members voted in the affirmative and 134 in the negative.

[See Yea and Nay No. 363 in Supplement.]

Therefore the further amendment was rejected.

The Chair (Mr. DiMasi) interrupted the pending business and placed before the House the question on suspension of Rule 1A in order that the House might continue to meet beyond the hour of nine o’clock P.M.

On the question on suspension of Rule 1A, the sense of the House was taken by yeas and nays, as required under the provision of said rule; and on the roll call 107 members voted in the affirmative and 42 in the negative.

[See Yea and Nay No. 364 in Supplement.]

Therefore Rule 1A was suspended.

After debate on the question on adoption of the amendments offered by Mr. Rogers of Norwood and other members of the House, the sense of the House was taken by yeas and nays, at the request of Mr. Sullivan of Braintree; and on the roll call 133 members voted in the affirmative and 15 in the negative.

[See Yea and Nay No. 365 in Supplement.]

Therefore the amendments were adopted.

After debate on the question on passing the bill, as amended, to be engrossed, the sense of the House was taken by yeas and nays, at the request of Mr. Rogers of Norwood; and on the roll call 142 members voted in the affirmative and 8 in the negative.

[See Yea and Nay No. 366 in Supplement.]

Therefore the bill, as amended, was passed to be engrossed.

Mr. Rogers of Norwood moved that this vote be reconsidered; and the motion to reconsider was negatived. The bill (House, No. 5101, printed as amended) then was sent to the Senate for concurrence.

Order.

On motion of Mr. Timilty of Milton,—

Ordered, That when the House adjourns today, it adjourn to meet on Monday next at eleven o’clock A.M.

At two minutes after ten o’clock P.M. (Thursday, May 16), on motion of Mr. Timilty (the Speaker being in the Chair), the House adjourned, to meet on Monday next at eleven o’clock A.M., in an Informal Session.