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