UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.

Tuesday, May 23, 2000.

Met at two minutes past ten o’clock A.M.

Distinguished Guests.

There being no objection, during consideration of the Orders of the Day, the President introduced the Sacred Heart High School of Kingston Girls Basketball Team. The team is the 2000 Division IV State Champions. They were accompanied by their coach, Martha Murphy, and were the guests of Senator Murray.

Orders of the Day.

The Orders of the Day were considered, as follows:
The House Bill making appropriations for the fiscal year 2001 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. 5101, printed as amended),— was read a second time and was amended, as previously recommended by the committee on Ways and Means, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2200.
The bill, as amended, was then ordered to a third reading and read a third time.
Pending the question on passing the bill to be engrossed, Ms. Walsh, Mr. Antonioni, Ms. Creem nd Mr. Creedon moved to amend the bill in section 2, in item 0321-1500, by striking out the figure “7,283,903” and inserting in place thereof the following figure:— “7,935,836.”

After remarks, the amendment was rejected.

Ms. Lees moved to amend the bill in section 2, in item 0321-1500, by striking out the figure “7,283,903” and inserting in place thereof the following figure:— “6,778,140”.

After debate, the amendment was rejected.

Ms. Creem moved to amend the bill in section 2, by inserting after item 0321-1504 the following item:
“0321-1505 For the operation of the public guardianship commission 215,000”; and by inserting after section 16 the following section:—
“SECTION 16A. Chapter 10 of the General Laws is hereby amended by inserting after section 35S, as appearing in the 1998 Official Edition, the following section:—
Section 35T. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Public Guardianship Commission Fund, to be used to meet the operational costs of the public guardianship commission established under the provisions of chapter 221D, in addition to any appropriation from the general fund.
The fund shall consist of amounts received from public and private sources as gifts, grants, donations, bequests and devises of money any amounts to be received by the commission in fees for services pursuant to sections 5 and 6 of chapter 221D.
All revenues created under this section shall remain in said Public Guardianship Commission Fund, subject to appropriation, to meet the operational costs of said commission. All monies, as determined by the comptroller, remaining in the Public Guardianship Commission Fund, in excess of appropriations from the fund for the fiscal year then ending, shall on June 30 of each year be transferred by the treasurer to the general fund unless the general court otherwise provides.”

By inserting after section 160 the following section:—
“SECTION 160A. Subsection (a) of section 6 of chapter 201 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:— An incapacitated person, any person interested in the welfare of the person alleged to be incapacitated or the public guardianship commission or any agency with which it contracts for guardianship or conservatorship services may file a petition for a determination of incapacity, in whole or in part, and the appointment of a guardian for such person.”
By inserting after section 160 the following five sections:—
“SECTION 160A. Section 6A of said chapter 201, as appearing in the 1998 Official Edition, is hereby amended by striking out subsection (a).
SECTION 160B. Section 7 of said chapter 201 of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:— Upon such petition the court shall cause not less than seven days notice of the time and place appointed for the hearing to be given to the alleged incapacitated person, to the public guardianship commission if it or one of the agencies with which it contracts for fiduciary services is nominated, or the department of mental retardation if the person is alleged to be mentally retarded, and, if the person is entitled to any benefit, estate or income paid or payable through the United States veterans’ bureau or its successor, to said bureau or its successor, except that the court may, for cause shown, direct that a shorter notice be given.
SECTION160C. Section 14 of said chapter 201, as so appearing is hereby amended by striking out subsection (a).
SECTION 160D. Said chapter 201 is hereby amended by striking out section 16, as so appearing, and inserting in place thereof the following section:—
Section 16. The person to be protected or any person who is interested in the estate, affairs or welfare of the person, including a parent, guardian, custodian or any person who would be adversely affected by the lack of effective management of the person’s property or business affairs, or the public guardianship commission or any agency with which it contracts for guardianship or conservatorship services, may petition for a determination of disability, in whole or in part, and the appointment of a conservator or for other appropriate protective order.
SECTION 160E. Section 16B of said chapter 201, as so appearing, is hereby repealed.”; and
By inserting after section 176 the following chapter:—

“CHAPTER 221D.

Section 1. (a) There is established under the general superintendence of the supreme judicial court a commission to be known as the public guardianship commission, composed of nine members who shall be appointed by the members of the supreme judicial court. One member shall be nominated by the chief judge of the probate and family court department for the purpose of representing that court on the commission; at least one member shall be a person with a disability; at least one member shall be a person who is more than 60 years old; at least one member shall be a representative of an organization whose primary purpose is to advocate for persons with disabilities; at least one member shall be a representative of an organization whose primary purpose is to advocate for elderly persons; and at least one member shall be representative of elderly or other human service providers.
(b) Members of the commission shall serve for terms of five years, except that the original terms of membership shall be one one-year term; two two-year terms; two three-year terms; two four-year terms; and two five-year terms. No person shall be appointed to more than two consecutive terms on the commission.
(c) No less than 30 days prior to making any appointment to the commission, the justices of the supreme judicial court shall give public notice that a vacancy on the commission exists and shall give interested persons an opportunity to advise regarding the appointments.
(d) Any vacancy occurring on the commission shall be filled within ninety days by the justices. A person appointed to fill a vacancy occurring other than by expiration of a term of office shall be appointed for the unexpired tenn of the member he succeeds, and shall be eligible for appointment to one full five-year term.
(e) The commission shall elect from among its members a chairperson and any other officers it deems necessary.
(f) Five members of the commission shall constitute a quorum and five affirmative votes shall be required for any action or recommendation of the commission. The chairperson or any five members of the commission may call a meeting. Advance notice of all meetings shall be given to each member of the commission and to any other person who requests such notice.
(g) Members of the commission shall not be compensated for work performed for the commission, but they shall be reimbursed for their actual and necessary expenses.
(h) Within three months after the appointment of the first executive director, and at least every other year thereafter, the commission shall set priorities for service delivery. Prior to adopting a principal service delivery mode, the commission shall publicly solicit and take into consideration the views of clients,, family members, advocates, providers of fiduciary services, affected government officials and others concerned with the plight of persons in need of such services. In order to establish a decentralized delivery system, the commission shall consider promotion and support of delivery of fiduciary services by local, non-profit organizations and encouragement, educational services and support to such families and friends of persons in need of fiduciary services as are willing and, with assistance, able to provide such services on a voluntary basis.
(i) The commission shall regularly report to the joint committee on human services and elderly affairs and to the house and senate committees on ways and means of the general court and to the justices of the supreme judicial court. The commission shall make its first report one year from the date this section takes effect and thereafter annually on the last day of July except if such would be within six months of its first report detailing (1) its priorities for service delivery and the reasons therefor; (2) the actions it has taken during the preceding year, including the number of persons served and the types of services provided to such persons; (3) a description of all funds, including state appropriations and other assistance received by the commission; (4) the names, duties and salaries of all individuals in its employ; (5) the money it has disbursed and any savings to the commonwealth which its services have produced; (6) a determination of the feasibility of utilizing volunteers to assist the commission in the delivery of services; and (7) a detailed plan and cost estimate for any recommended expansion of the service, including any savings to the commonwealth which such expansion might reasonably be expected to produce.
Section 2. (a) The policies and standards contained in this section shall be adopted and implemented by the commission through its rules and regulations, selection of and contracts with individuals and agencies to act as fiduciary or provide fiduciary services, decisions regarding persons being served or to be served by the commission, and other such ways as the commission may determine.
(b) A guardianship, conservatorship or other fiduciary relationship shall be established only when necessary to meet the needs of the incapacitated person and when such needs cannot be satisfied using a less restrictive alternative.
(c) Each such fiduciary relationship shall be established and structured so that the incapacitated person is allowed to make his own decisions to the maximum extent possible.
(d) A guardian, conservator or other fiduciary shall exercise authority only as necessitated by the incapacitated person’s mental and adaptive limitations, and to the extent possible, shall encourage the incapacitated person to participate in decisions, to act on his or her own behalf and to develop or regain the capacity to manage personal affairs. A guardian, conservator or other fiduciary shall consider the expressed desires and personal values of the incapacitated person when making decisions and shall otherwise act in the incapacitated person’s best interest and exercise reasonable care, diligence and prudence. It shall be assumed until demonstrated otherwise that such incapacitated person would choose to live in the least restrictive appropriate environment.
(e) With respect to each ward or proposed ward for whom the commission, or any individual or agency with whom or with which it contracts for fiduciary services, is responsible, the commission shall establish standards and procedures, and, subject to appropriation, bear the expenses, to ensure that:
(1) the ward will understand, to the maximum extent feasible, the nature and significance of any court proceedings;
(2) independent counsel is, to the extent necessary, made available to him or her for all court proceedings, or, when he or she so requests, in order to petition for discharge or removal of a guardian or other fiduciary;
(3) the commission shall immediately notify the court if the incapacitated person’s condition is changed so that he or she is capable of exercising rights previously limited; and the commission shall cause an independent clinical review to be made at least annually to determine whether any fiduciary relationship created is still necessary, and if it is not necessary, that steps are taken to discharge the fiduciary;
(4) an annual accounting is made as required by procedures of the probate and family court department; and
(5) there is adequate monitoring and review of the quality of fiduciary services and of compliance with the policies, standards and procedures of the commission.
Section 3. (a) The commission shall, subject to appropriation, employ an executive director who shall be authorized to appoint such other staff, subject to appropriation, necessary to carry out the commission’s duties pursuant to this chapter and chapter 201. The staff shall serve at the pleasure of the commission and shall not be subject to the provisions of chapter 31 or section 9A of chapter 30. The executive director shall be responsible for the administrative operation of the commission and shall perform such other tasks as the commission may determine. The commission may employ, subject to appropriation, the services of experts and consultants necessary to carry out its duties and may also accept the services of volunteers, who may be reimbursed for their actual and necessary expenses incurred in carrying out their duties.
(b) The commission, pursuant to the provisions of section 2 of chapter 30A shall adopt such rules and regulations as are necessary to carry out the purposes of this chapter.
(c) The commission shall be subject to all laws and regulations governing the procurement by state agencies and commissions of supplies, services or construction.
Section 4. (a) Any resident of the commonwealth who is indigent, as defined in section 27A of chapter 261, and who is an incapacitated person for whom no other qualified person or organization is available and willing to accept appointment as guardian, conservator or other fiduciary, shall be eligible for the services of the commission.
(b) A court or other appointing authority shall not appoint as guardian, conservator or other fiduciary either the commission or any agency or individual contracting with the commission unless the court or other appointing authority first determines that no other qualified person or organization is available and willing to accept the appointment. In addition, in any case involving a minor, the court or other appointing authority shall not appoint as guardian, conservator or other fiduciary either the commission or any agency or individual contracting with the commission unless the court or other appointing authority first determines that responsibility for the minor cannot be accepted by the department of social services pursuant to chapter one hundred and nineteen. No court or other appointing authority shall appoint either the commission or any agency or individual contracting with the commission as guardian, conservator or other fiduciary of any eligible person unless the commission or the agency or individual contracting with the commission first determines, in accordance with this chapter and rules and regulations of the commission, and communicates with the court, that it, he or she has the capacity to provide high-quality fiduciary services and can otherwise carry out the responsibilities under such appointment; and any appointment in violation of this provision shall be void.
Section 5. (a) The commission may, subject to appropriation, contract with non-profit private agencies and individuals to serve as the guardian, conservator or other fiduciary or to provide guardianship, conservatorship or other fiduciary services to any individual for whom the commission has been or might be appointed such fiduciary; provided, however, that no such contract shall be entered into with a non-profit private agency unless the articles of incorporation of the agency authorize it to serve in such fiduciary capacity. Any such non-profit private agency or individual with which or with whom the commission so contracts shall in this section and in sections six and seven, be referred to as a ‘fiduciary agency.’
(b) The commission or any fiduciary agency may serve as a plenary, limited or temporary guardian, guardian ad litem, conservator or monitor after appointment by a court pursuant to the law of the commonwealth, including but not limited to chapters 19A, 119, 123, 123B and 201.
(c) The commission or any fiduciary agency may petition the court for appointment as guardian, guardian ad litem, or conservator. Any other petitioner for guardianship or conservatorship after preliminary investigation by, and approval of, the commission or fiduciary agency, as the case may be, may nominate the commission or such fiduciary agency as a guardian, guardian-ad-litem or conservator, with notice to the commission or fiduciary agency in accordance with chapter two hundred and one.
(d) The commission or any fiduciary agency may serve as trustee or other fiduciary, except an administrator or executor of an estate. Before serving as a trustee or fiduciary, the commission or fiduciary agency must receive court approval, except as provided in subsection (e).
(e) The commission or any fiduciary agency may serve as representative payee by appointment of the appropriate federal agency without court review or approval. A representative payee shall be considered a fiduciary for purposes of this chapter.
(f) The commission or any fiduciary agency, on its own motion or at the request of the court, may petition to intervene at any time in a guardianship or conservatorship proceeding to protect the best interests of the proposed ward.
(g) The commission or any fiduciary agency may provide information and assistance pertaining to guardianship, conservatorship and other fiduciary services, and may perform such other tasks as may be necessary to carry out its responsibilities under this chapter.
(h) The commission or any fiduciary agency shall maintain records of each case in which the commission or fiduciary agency provides guardianship, conservatorship or other fiduciary services. Each such case record shall include the financial and personal information necessary for the commission or fiduciary agency to carry out its fiduciary responsibilities. Such records shall be the property of the commission. Access to such records shall be limited to members and staff of the commission, to staff of the agency serving as the fiduciary of the subject of a particular record and to others pursuant to an order of a court of competent jurisdiction; provided, however, that authorized agents of the commonwealth, for auditing purposes, shall be afforded access to such records, with information which may be used to identify the subject redacted.
The commission shall be eligible for and shall have the authority to accept any and all donations, grants, appropriations, bequests and devises of money, property, personnel services or other assistance which may be received from the commonwealth or any agency thereof, the United States or any agency thereof, and other governmental agency, any institution, person, firm or corporation, public or private; to be held, used or applied for any or all purposes specified in this chapter. No such assistance shall in any way compromise or limit the independence and autonomy of the commission or its authority to carry out the purposes of this chapter. Any funds received by the commission other than by appropriation shall be deposited into the Public Guardianship Commission Fund, as provided for in section thirty-five T of chapter ten.
Section 6. (a) If the commission or any fiduciary agency is appointed a guardian, conservator or other fiduciary, it shall not charge for the costs of its services or the costs of the appointment or approval procedure against the property or income of the individual for whom it serves as fiduciary, unless the court or other appointing authority determines at any time after the commission’s or fiduciary agency’s appointment that the individual is financially able to pay all or part of the costs.
(b) The court or other appointing authority shall determine ability to pay by investigating the nature, extent and liquidity of assets and the disposable net income of the individual.
(c) The commission through its executive director, may recommend fees to be assessed for its services in any individual case in which the ward is no longer indigent, in accordance with standards established in its rules and regulations. No fees may be assessed for fiduciary services unless the eligible person or ward is given written notice at the start of such services that such fees may be assessed.
(d) The commission shall deposit any payment of assessed fees into the Public Guardianship Commission Fund, as provided for in section 35T of chapter 10.
(e) The commission may claim the reasonable value of services rendered to any individual against his estate upon the death of that individual, if the individual was no longer indigent at the time of death.
Section 7. Notwithstanding any other law to the contrary, neither the commission nor any fiduciary agency shall be required to file a bond in individual cases in which the commission or a fiduciary agency is appointed to act in a fiduciary capacity but shall give a bond, with sufficient sureties, for the joint benefit of all persons for whom the commission or fiduciary agency is appointed to act in an amount not less than the value of all assets held by the commission and such contracted fiduciary agencies as of the last day of the most recent fiscal year, but at no time less than fifty thousand dollars. Such bond shall be filed with the chief judge of the probate and family court department, and a copy thereof shall be filed with the register of probate of each division of said court in which the commission or a fiduciary agency has been appointed to serve in a fiduciary capacity. The state treasurer may, subject to appropriation, set aside sufficient funds for the purpose of providing a surety for the commission’s bond pursuant to this section.
Section 8. The books and records of the commission shall be audited by the state auditor within 18 months after this chapter becomes effective as to Suffolk county, and every two years thereafter. A copy of such audit shall be sent to the clerk of the house of representatives who shall forward the same to the house and senate committees on ways and means and the joint committee on human services and elderly affairs.”; and by inserting after section 309A the following three sections:—
“SECTION 309B. Section 16A and sections 1, 2, 3, 7 and 8, inserted by section 176A of this act, shall take effect on October 1, 2000.
SECTION 309C. Sections 160A, 160B, 160C, 160D, 160E, and sections 4, 5 and 6 of chapter 221D, inserted by section 176A, shall take effect on January 1, 2001, provided, however, that at said effective date, the provisions of subsection (a) of section 4 of chapter 221D, inserted by section 176A, shall apply only to Suffolk county.
SECTION 309D. The provisions of subsection (a) of section 4 of chapter 221D, inserted by section 176A, shall apply to the counties of Hampden, Hampshire, Franklin and Berkshire on July 1, 2001, and all remaining counties on July 1, 2002.”

The amendment was rejected.

Mr. Creedon, Ms. Creem, Mr. Tarr and Mrs. Sprague, Ms. Walsh and Messrs. Pacheco and Nuciforo moved to amend the bill in section 2, in item 0321-1510, by striking out the words “and provided further, that the rates of compensation paid for private counsel services from this item shall be the same as the rates paid in fiscal year 1998” and inserting in place thereof the following words: “provided further, that $2,218,200 shall be expended to increase the rate of compensation for private counsel services no earlier than January 1, 2001; provided further, that on January 1, 2001, the rate of compensation paid for private counsel services provided for murder cases, so-called, shall be $60 per hour for in-court and out-of-court services; provided further, that on January 1,2001, the rate of compensation paid for private counsel services provided for non-murder criminal superior cases, so-called, shall be $42 per hour for in-court and out-of-court services; and provided further, that on January 1, 2001, the rate of compensation paid for services for other criminal cases, so-called, shall be $33 per hour for in-court and out-of-court services”; and by striking out the figure “43,500,000” and inserting in place thereof the following figure:— “45,718,200”.

After remarks, the amendment was rejected.

Mr. Creedon, Ms. Creem, Mr. Tarr and Mrs. Sprague, Ms. Walsh and Messrs. Pacheco and Nuciforo moved to amend the bill in section 2, in item 0321-1512, by striking out the words “and provided further, that the rates of compensation paid for private counsel services from this item shall be the same as the rates paid in fiscal year 1998” and inserting in place thereof the following: “provided further, that $917,000 shall be expended to increase the rate of compensation paid for private counsel services not earlier than January 1, 2001; provided further, that on said date, the rate of compensation paid for private counsel services provided for herein shall be, for cases under section 12S of chapter 112 of the General Laws and section 39F of chapter 119 of the General Laws, $33 per hour for in-court and out-of-court services; and provided further, that the rate of compensation paid for other non-criminal cases, so-called, shall be $42 per hour for in-court and out-of-court services”, and in said item 0321-1512, by striking out the figure “21,000,000” and inserting in place thereof the following figure:— “21,917,000”.

The amendment was rejected.

Mr. Lees moved to amend the bill in section 2, in item 0321-1600, by striking out the figure “4,276,799” and inserting in place thereof the following figure:— “3,752,323”.

After debate, the amendment was rejected.

Mr. Lees moved to amend the bill in section 2, in item 0321-1610, by striking out the figure “4,800,000” and inserting in place thereof the following figure:— “3,800,000”.

The amendment was rejected.

Ms. Murray and Mr. Tolman moved to amend the bill in section 2, in item 0321-2000, by striking out the figure “464,401” and inserting in place thereof the following figure:— “541,654”.

After remarks, the amendment was rejected.

Mr. Montigny moved to amend the bill in section 2, in item 0321-2100, by striking out the figure “705,214” and inserting in place thereof the following figure:— “730,214”; in item 0331-3404 by striking out the figure “197,906” and inserting in place thereof the following figure:— “220,000”; in item 0920-0300 by striking out the figure “1,048,168” and inserting in place thereof the following figure:— “1,089,292”; in item 2100-0005, by striking out the words “provided, that not less than $300,000 shall be” and inserting in place thereof the following words:— “provided, that not less than $300,000 shall be expended for completing renovations to a pier in the town of Salisbury”; in item 2440-0010 by striking out the words “provided further, that $300,000 shall be expended for repairs to Steriti Rink” and inserting in place thereof the following words:— “provided further, that $1,300,000 shall be expended for repairs to Steriti Rink”; in item 4000-0111, by inserting after the words “actual outcomes for FY2001” the following words:— “provided further, that $50,000 shall be expended for the Billerica Boys and Girls Club;”; in item 7003-0700, by striking out the words “a rapid response specialist” and inserting in place thereof the following words: “3 full time equivalent rapid response labor specialists”; in item 7004-9027, by striking out the figure “27,184,019” and inserting in place thereof the following figure:— “24,279,289”; in item 7030-1000, by striking out the words “provided further, that the department shall collaborate with the department of transitional assistance to ensure that the expenditure of $20,000,000 for the community partnerships program shall conform with federal maintenance of effort reporting requirements of the transitional aid to needy families block grant;”; in item 7061-9404, by inserting after the words, “provided further, that the department may expend up to $250,000 to administer the program;” the following words:— “provided further, that none of the funds appropriated herein shall be spent for services provided by institutions of higher education through interagency agreements between the Department of Education and said institutions; provided further, that none of the funds from this appropriation shall be spent for the individual tutoring in reading program, so called;”; and by striking out item 9749-0000; and in section 80, by inserting after the word “valuation”, in line 362, the following words:— “per capita”.

After remarks, the amendment was adopted.

Messrs. Shannon, Morrissey, Havern, Creedon, Nuciforo and Clancy moved to amend the bill in section 2, in item 0321-2205, by striking out the figure “1,751,200” and inserting in place thereof the following figure:— “2,036,000”.

After debate, the amendment was rejected.

Messrs. Shannon, Morrissey, Havern, Creedon, Nuciforo and Clancy moved to amend the bill in section 2, in item 0321-2206, by striking out the figure “300,000” and inserting in place thereof the following figure:— “450,000”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0330-0300, by striking out the figure “7,367,417” and inserting in place thereof the following figure:— “9,328,366”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0330-0300, by striking out the words “and provided further that not less than $100,000 shall be expended for the implementation of a changing lives through literature program”; and in item 0339-1003, by adding the following words: “; provided further, that not less than $100,000 shall be expended for the implementation of a changing lives through literature program”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, by inserting after item 0330-0400 the following item:
“0330-0401 For the operation of the planning and execution of repairs and alterations to existing court facilities and occupancy readiness of new court facilities pursuant to chapter 189 of the acts of 1998 138,879”.

The amendment was rejected.

Mr. Morrissey and Ms. Creem and Ms. Fargo moved to amend the bill in section 2, in item 0330-0410, by striking out the words “provided further, that $110,000 shall be expended solely for the delivering of free screening and possible referral for mediation services for claims filed by prisoners in the trial court;” and inserting in place thereof the following words:— “provided further, that $200,000 shall be expended for education and administrative needs of the trial court as well as free screening and possible referral for mediation services for claims filed by prisoners in the trial court and for pro se litigants”; and in said item 0330-0410 by striking out the words “non-fee district court”.

After remarks, the amendment was adopted.

Mr. Shannon moved to amend the bill in section 2, in item 0330-0410, by adding the following words.— “; and provided further, that not less than $15,000 shall be expended for the Winchester mediation program”.

After debate, the amendment was adopted.

Ms. Creem moved to amend the bill in section 2, in item 0330-0410, by inserting after the words “Somerville Mediation Program;” the following words:— “provided further, that not less than $65,000 shall be expended for the Middlesex Multi-Door Courthouse Program;”.

After remarks, the amendment was adopted.

Mr. Travaglini moved to amend the bill in section 2, in item 0330-0410, by adding the following words:— “; and provided further, that $200,000 shall be expended for an alternative resolution program administered by the chief justice of the superior court.”

After remarks, the amendment was adopted.

Mr. Creedon moved to amend the bill in section 2, in item 0330-0600, by striking out the figure “4,315,034” and inserting in place thereof the following figure:— “4,415,134”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0330-1000, by striking out the figure “2,730,000” and inserting in place thereof the following figure:— “3,050,000”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0330-2201, by striking out the figure “3,343,913” and inserting in place thereof the following figure:— “3,956,708”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0330-2202, by striking out the figure “9,953,230” and inserting in place thereof the following figure:— “19,634,270”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0330-2205, by striking out the figure “21,305,919” and inserting in place thereof the following figure:— “23,246,907”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0330-2207, by striking out the figure “3,507,819” and inserting in place thereof the following figure:— “3,774,344”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0330-2300, by striking out the figure “245,000” and inserting in place thereof the following figure:— “375,000”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0330-2600, by striking out the figure “1,414,938” and inserting in place thereof the following figure:— “1,956,493”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0330-2800, by striking out the figure “3,361,453” and inserting in place thereof the following figure:— “4,161,781”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0330-3200, by striking out the figure “44,496,225” and inserting in place thereof the following figure:— “46,284,431”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2 by inserting after item 0330-3700 the following item:
“0330-4100 For the operation of a trial court vacancy pool and reserve 1,500,000.”

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0330-4303, by striking out the figure “6,005,941” and inserting in place thereof the following figure:— “6,255,941”

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2 by striking out item 0331-0100 and inserting in place thereof the following item:
“0331-0100 For the administrative office of the superior court department; provided, that not more than $75,000 shall be expended for judicial education, including the semi-annual conferences, racial and gender bias orientation programs and judicial induction ceremonies; and provided further, that not less than $200,000 shall be expended for alternative dispute resolution services initiated by the administrative office of the superior court 8,279,767”;
and in section 4, in item 0331-0100, by striking out the figures “7,544,646” and “176.6” and inserting in place thereof the following figures:— “8,120,880” and “181.6”.

The amendment was rejected.

Mr. Nuciforo moved to amend the bill in section 2, in item 0332-1300, by striking out the figure “720,235” and inserting in place thereof the following figure:— “740,000”.

The amendment was rejected.

Mr. Nuciforo moved to amend the bill in section 2, by striking out item 0332-1400 and inserting in place thereof the following item:
“0332-1400 For the district court of central Berkshire at Pittsfield; provided, that two additional probation officers shall be funded from this item in fiscal year 2001; and provided further, that not more than 32 employees shall be funded from this item in fiscal year 2001 1,249,326”.

After remarks, the amendment was adopted.

Mr. Tarr moved to amend the bill in section 2, in item 0332-2300, by striking out the figure “429,321” and inserting in place thereof the following figure:— “460,474”.

After remarks, the amendment was rejected.

Mr. Clancy moved to amend the bill in section 2, in item 0332-2700, by inserting after the words “probation officer” the following words:— “, three additional probation officers”; and
In section 2, in said item 0332-2700, by striking out the figure “2,977,056” and inserting in place thereof the following figure:— “3,071,588”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0332-2900, by striking out the figure “1,237,201” and inserting in place thereof the following figure:— “1,344,269”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0332-3500, by striking out the figure “4,254,991” and inserting in place thereof the following figure:— “4,422,190”.

The amendment was rejected.

Ms. Creem moved to amend the bill in section 2, in item 0332-4100, by striking out the figure “1,034,145” and inserting in place thereof the following figure:— “1,093,895”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0332-5600, by striking out the figure “878,959” and inserting in place thereof the following figure:— “977,588”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0332-5700, by striking out the figure “3,302,746” and inserting in place thereof the following figure:— “3,460,328”.

The amendment was rejected.

Mr. Jajuga moved to amend the bill in section 2, in item 0332-5900, by adding the following words:— “; provided, that the temporary assistant clerk magistrate position shall be made permanent”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0332-6300, by striking out the figure “2,383,777” and inserting in place thereof the following figure:— “2,516,270”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0332-6400, by striking out the figure “4,600,959” and inserting in place thereof the following figure:— “4,819,373”.

The amendment was rejected.

Messrs. Antonioni and Brewer moved to amend the bill in section 2, in item 0332-7300, by adding the following words: “; and provided further that one additional head administrative assistant II for the office of the presiding justice shall be appointed and funded from this item in fiscal year 2001.”

After remarks, the amendment was adopted.

Mr. Antonioni moved to amend the bill in section 2, in item 0332-7300, by adding the following words:— “; provided, that one additional sessions clerk shall be funded from this item in fiscal year 2001.”

The amendment was adopted.

Mr. Creedon moved to amend the bill in section 2, in item 0332-7300, by striking out the figure “1,117,131” and inserting in place thereof the following figure:— “1,182,797”.

The amendment was rejected.

PAPER FROM THE HOUSE.

Emergency Preamble Adopted.

There being no objection, during consideration of the Orders of the Day, an engrossed Bill authorizing the Attorney General to suspend certain labor laws in an emergency (see House, No. 5172, amended), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,— was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted, in concurrence, by a vote of 10 to 0.
The bill was signed by the President and sent to the House for enactment.

Orders of the Day.

The House Bill making appropriations for the fiscal year 2001 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. 5101, printed as amended),— was further considered, the main question being on passing the bill to be engrossed.

Mr. Glodis moved to amend the bill in section 2, in item 0332-7600, by adding the following words:— “; provided further, that two additional probation officers shall be funded from this item in fiscal year 2001; and provided further, that two procedure clerks II shall be funded from this item in fiscal year 2001”; and in said section 2, in said item 0332-7600, by striking out the figure “1,233,941” and inserting in place thereof the following figure:— “1,297,212”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0332-0002, by striking out the figure “1,647,313” and inserting in place thereof the following figure:— “1,797,324”.

The amendment was rejected.

Mr. Nuciforo moved to amend the bill in section 2, in item 0333-0002, by striking out the figure “1,647,313” and inserting in place thereof the following figure:— “1,925,461.”; and by inserting after the words “administrative office of the probate and family court department”; the following words:— “provided, that not less than $200,000 shall be provided for a pilot regional clinic, so-called;”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0333-0002, by striking out the following words:— “; and provided further, that those employees of the probate and family court department classified at job group 19 in the 1982 collective bargaining agreement shall be reclassified to job group 20 or its equivalent”.

The amendment was rejected.

Mr. Nuciforo moved to amend the bill in section 2, by striking out item 0333-0200 and inserting in place thereof the following item:
“0333-0200 For the Berkshire probate court; provided, that one additional probation officer be funded from this item in fiscal year 2001; and provided further, that not more than 21 employees shall be funded from this item in fiscal year 2001 885,002”.

The amendment was rejected.

Mr. Nuciforo moved to amend the bill in section 2, in item 0333-0711, by striking out the figure “50,000” and inserting in place thereof the following figure:— “52,429”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0333-0900, by striking out the figure “4,745,348” and inserting in place thereof the following figure:— “5,004,336”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0333-1200, by striking out the figure “2,283,537” and inserting in place thereof the following figure:— “2,432,308”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0333-1400, by striking out the figure “2,887,092” and inserting in place thereof the following figure:— “2,981,710”.

The amendment was rejected.

Mr. Antonioni moved to amend the bill in section 2, in item 0334-0001, by striking out the figure “2,574,809” and inserting in place thereof the following figure:— “2,734,744”.

After remarks, the amendment was rejected.

Mr. Morrissey moved to amend the bill in section 2, by striking out item 0334-0001 and inserting in place thereof the following item:
“0034-0001 For the operation of the land court; provided, that notwithstanding the provisions of any general or special law to the contrary, there shall be not less than fifty-nine employees employed by the Land Court 2,734,744”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0334-0001, by striking out the figure “2,574,809” and inserting in place thereof the following figure:— “2,720,506”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0337-0002, by striking out the figure “1,219,383” and inserting in place thereof the following figure:— “1,321,425”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0337-0003, by striking out the figure “15,634,074” and inserting in place thereof the following figure:— “18,781,200”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0337-0200, by striking out the figure “2,719,660” and inserting in place thereof the following figure:— “2,844,553”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0337-0400, by striking out the figure “1,495,635” and inserting in place thereof the following figure:— “1,617,227”.

The amendment was rejected.

Messrs. Creedon, Shannon, Lynch, Ms. Walsh, Messrs. Joyce, Jajuga, Pacheco, Ms. Menard, Messrs. Clancy, Brewer, Glodis and Nuciforo moved to amend the bill in section 2, by striking out item 0339-1001 and inserting in place thereof the following item:
“0339-l001 For the office of the commissioner of probation; provided, that said commissioner of probation, subject to the approval of the chief justice for administration and management, shall appoint any associate probation officer or probation officer-in-charge; provided further, that two additional head administrative assistants, 16 additional probation officers-in-charge, and 13 additional associate probation officers, one additional regional supervisor, one additional chief probation officer. and one additional deputy commissioner shall be funded from this item in fiscal year 2001; provided further, that not more than $100,000 shall be expended for electronic monitoring equipment; provided further, that not more than $504,092 shall be expended from this item for two program managers, two court services coordinators and ten assistant court services coordinators for the operation of a statewide probation electronic monitoring program; and provided further, that the associate probation officers shall only perform in-court functions and shall assume the in-court duties of the currently employed probation officers who shall be reassigned within the probation service, subject to collective bargaining agreements, to perform intensive, community-based supervision of probationers, including the provisions of intensive supervision and community restraint services as described in item 0339-1004 13,975,000”,

The amendment was rejected.

Messrs. Creedon, Shannon, Lynch, Ms. Walsh, Messrs. Joyce, Jajuga, Pacheco, Ms. Menard, Messrs. Clancy, Brewer, Glodis and Nuciforo moved to amend the bill in section 2, by striking out item 0339-1002 and inserting in place thereof the following item:
“0339-1002 For the superior court probation services; provided, that one additional chief probation officer shall be funded from this item in fiscal 2001 for juvenile justice issues in Worcester county 11,071,671”.

The amendment was rejected.

Messrs. Creedon, Shannon, Lynch, Ms. Walsh, Messrs. Joyce, Jajuga, Pacheco, Ms. Menard, Messrs. Clancy, Brewer, Glodis and Nuciforo moved to amend the bill in section 2, by striking out item 0339-1003 and inserting in place thereof the following item:
“0339-1003 For the operation of the trial court office of community corrections, including the costs of personnel; provided further, that $200,000 shall be expended in an alternative probation program honor court, so-called, in the district court of Hampshire , held at Northampton; provided further, that $117,837 shall be expended for seven assistant court service coordinators; provided further, that $54,670 shall be expended for two court services coordinators; provided further, that $44,169 shall be expended for two administrative assistants; provided further, that $69,028 shall be expended for two program managers; provided further, that $172,500 shall be expended on general office furnishings for Worcester juvenile and women’s centers; and provided further, that not more than 80 employees shall be funded from this item in fiscal year 2001 4,502,592”.

The amendment was rejected.

Messrs. Creedon, Shannon, Lynch, Ms. Walsh, Messrs. Joyce, Jajuga, Pacheco, Ms. Menard, Messrs. Clancy, Brewer, Glodis and Nuciforo moved to amend the bill, in section 2, by striking out item 0339-1004 and inserting in place thereof the following item:
“0339-1004 For the costs of intensive supervision and community corrections programs; provided, that said programs shall include, but not limited to, tracking, community service, educational assistance, drug and alcohol testing and treatment, curfew enforcement, home confinement, day reporting, means-tested fines, restitution and community incapacitation or restraint; provided further, that the number of placements in said programs shall not exceed a daily average goal of 5,000 intensely supervised probationers; provided further, that $225,000 shall be expended for the purpose of providing a community services for women program in the district court of southern Essex; provided further, that funds from this item shall be expended to cover the costs of said programs that are undertaken and administered by court probation officers and county sheriffs’ offices; provided further, that said funds shall be expended for the purpose of providing said programs in Barnstable, Berkshire, Bristol, Dukes, Essex, Franklin, Hampden, Hampshire, Middlesex, Nantucket, Norfolk, Plymouth, Suffolk, and Worcester counties in fiscal year 2001; provided further, that the executive director of community corrections of the trial court shall enter into interagency service agreements and memoranda of understanding with said probation offices and sheriffs’ offices for the provision of said programs to include the contracting for detention space for probationers arrested for violating probation and awaiting court action and detention space for probationers who have been ordered by the trial court to be supervised at a higher level of restraint; provided further, that said agreements and memoranda shall be entered into at the direction of said executive director; provided further, that said executive director shall submit a spending and management plan for said programs to the house and senate committees on ways and means not later than September 15, 2001; provided further, that said plan shall include the projected number of probationers to be served by each such program and include a description of the oversight and services provided to said probationers; and provided further, that the amount appropriated herein shall fund the annualization. of such programs commenced in fiscal year 1999 pursuant to contracts established between said office and sheriffs’ offices 14,654,051”.

The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0339-2100, by striking out the figure “2,323,668” and inserting in place thereof the following figure:— “2,436,041”.

The amendment was rejected.

Ms. Resor, Messr. Havern, Panagiotakos, Tolman, Ms. Tucker, Mr. Tarr, Ms. Creem and Messrs Shannon, Antonioni and Magnani and Ms. Fargo moved to amend the bill in section 2, in item 0340-0200, by striking out the figure “10,638,908” and inserting in place thereof the following figure:— “10,946,756”.

After debate, the amendment was rejected.

Mr. Glodis moved to amend the bill in section 2, in item 0340-2100, by striking out the figure “1,425,312” and inserting in place thereof the following figure:— “1,588,033”.

The amendment was rejected.

Ms. Resor moved to amend the bill in section 2, in item 0526-0100, by adding the following words:— “; and provided further, that $25,000 shall be expended for the purposes of site preparation, a foundation and relocation of the historic Whitcomb House in Boxborough”.

The amendment was rejected.

Mr. Bernstein moved to amend the bill in section 2, in item 0526-0100, by adding the following words:— “and provided further, that $100,000 shall be provided for the final year of state financial assistance for the Worcester women’s history project”, and in said section 2, in said item 0526-0100, by striking out the figure “3,500,898” and inserting in place thereof the following figure:— “3,600,898”.

The amendment was rejected.

Ms. Fargo moved to amend the bill in section 2, in item 0526-0100, by adding the following words:— “provided further, that not less than $61,000 shall be expended for the restoration and improvement of the historic Old Town Hall in the town of Bedford”.

The amendment was rejected.

Mr. Shannon moved to amend the bill in section 2, in item 0526-0100, by adding the following words:— “; and provided further, that not less than $155,000 shall be expended for the restoration and preservation, including exterior stabilization of the Brooks estate in the city of Medford”.

The amendment was rejected.

Messrs. Tarr and Jajuga moved to amend the bill in section 2, in item 0526-0100, by adding the following words:— “; provided further, that not more than $75,000 shall be expended as a grant to the town of North Andover for the purpose of making improvements to the historic old center district, so-called”.

The amendment was rejected.

Ms. Jacques moved to amend the bill in section 2, in item 0526-0100, by striking out the word “Spring” and inserting in place thereof the following word:— “Summer”.

After remarks, the amendment was adopted.

Mr. Shannon moved to amend the bill in section 2, in item 0540-1500, by striking out the figure “3,579,430” and inserting in place thereof the following figure:— “4,390,434”.

The amendment was rejected.

Messrs. Shannon, Tolman, Panagiotakos and Havern moved to amend the bill in section 2, by inserting after item 0540-1500 the following item:
“0540-1501 For certain collective bargaining costs, including the costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the state secretary and the Office and Professional Employees International Union Local 6 for the northern Middlesex, southern Middlesex and Hampden districts registry of deeds and the American Federation of State, County and Municipal Employees Union Local 414 Council 93 for the southern Middlesex registry of deeds, such sums are hereby appropriated for fiscal years 1998, 1999 and 2000.
SECTION 2. Line item 0540-1500 (Middlesex South) between the secretary of the Commonwealth and the American Federation of State, County and Municipal Employees Union Local 414 Council 93 in the amount of $352,215 and an additional $30,040 for dental and optical plan.
Line item 0540-1500 (Middlesex South) between the secretary of the commonwealth and the Office of Professional Employees International Union Local 6 in the amount of $165,173.
Line item 0540-1400 (Middlesex North) between the secretary of the commonwealth and the Office and Professional Employees International Union Local 6 in the amount of $227,856.
Line item 0540-1200 (Hampden) between the secretary of the commonwealth and the Office and Professional Employees International Union Local 6 in the amount of $223,068 and an additional $22,136 for dental and optical.
This contract will run from July 1, 1998 through June 30, 2001”.

The amendment was rejected.

Mr. Nuciforo moved to amend the bill in section 2, in item 0540-1800, by striking out the figure “244,780” and inserting in place thereof the following figure:— “273,310”; and in item 0540-1700, by striking out the figure “470,298” and inserting in place thereof the following figure:— “532,950”.

The amendment was rejected.

Mr. Lynch moved to amend the bill in section 2, in item 0540-1900, by striking out the figure “2,135,625” and inserting in place thereof the following figure:— “2,422,187”.

The amendment was rejected.

Mr. Antonioni moved to amend the bill in section 2, in item 0540-2000, by striking out the figure “527,174” and inserting in place thereof the following figure:— “566,045”.

The amendment was rejected.

Mr. Antonioni moved to amend the bill in section 2, in item 0540-2100, by striking out the figure “2,381,363” and inserting in place thereof the following figure:— “2,550,843”.

The amendment was rejected.

Mr. Bernstein moved to amend the bill in section 2, in item 0540-2100, by striking out the figure “2,381,363” and inserting in place thereof the following figure:— “2,510,853”.

The amendment was rejected.

Messrs. Hedlund and Tisei moved to amend the bill in section 2, by inserting after item 0612-1010 the following item:
“0612-1506 For a reserve to meet the commonwealth’s obligation for the fiscal year ending June 30, 2001, pursuant to section 22B of chapter 32 of the General Laws, to reduce the unfunded pension liabilities of public retirement systems, other than the state employee and state teachers systems; provided, that the distribution from this reserve shall be based upon a determination by the secretary of administration and finance of actual payroll costs for the fiscal year ending June 30, 2000 $10,113,045”.

The amendment was rejected.

Mr. Tisei moved to amend the bill in section 2, in item 0640-0300, by inserting after the words “exceed $100,000” the following words:— “; provided further, that $25,000 shall be made available to the Reading Memorial high school band for the costs associated with their participation in the year 2000 National Independence Day Parade to be held in Washington, D.C.”

The amendment was rejected.

Messrs. Lees, Tisei, Knapik, Rauschenbach, Tarr, Hedlund and Mrs. Sprague moved to amend the bill in section 2, in item 1100-1100, by striking out the figure “1,217,440” and inserting in place thereof the following figure:— “1,358,039”.
After debate, Ms. Melconian in the Chair, the question on adoption of the amendment was determined by a call of the yeas and nays, at sixteen minutes past twelve o’clock noon, on motion of Mr. Lees, as follows, to wit (yeas 7 — nays 32):

YEAS.

NAYS.

The yeas and nays having been completed at twenty minutes past twelve o’clock noon, the amendment was rejected.

Messrs. Lees, Tisei, Knapik, Rauschenbach, Tarr and Hedlund and Mrs. Sprague moved to amend the bill in section 2, in item 1101-2100, by striking out the figure “2,112,236” and inserting in place thereof the following figure:— “2,201,700”.
The question on adoption of the amendment was determined by a call of the yeas and nays, at twenty-one minutes past twelve o’clock noon, on motion of Mr. Lees, as follows, to wit (yeas 7 — nays 32):

YEAS.

NAYS.

The yeas and nays having been completed at twenty-four minutes past twelve o’clock noon, the amendment was rejected.

Mr. Tarr moved to amend the bill in section 2, in item 1102-3206, by adding the following words:— “; and provided further, that $500,000 shall be made available to the town of North Reading for costs associated with the disposition of the J.T. Berry Center”; and, in said item 1102-3206, by striking out the figures “1,013,685” and inserting in place thereof the figures “1,513,685.”

The amendment was rejected.

Mr. Clancy moved to amend the bill in section 2, by striking out item 1107-2501 and inserting in place thereof the following item:
“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 keep an account of and 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 said report shall include the following: (i) number of claims that are found to be substantiated; (ii) number of claims that are unsubstantiated; (iii) number of claims that are found to be falsely reported as a result of intentional and malicious action; and (iv) the number of abuse cases investigated by law enforcement and resulting in arrest; provided further, that not less than $17,094 shall be made available for the job reclassification of employees of the commission; provided further, that not less than $8,550 shall be made available for abuse prevention materials produced in-house; and provided further, that the commission shall conduct a study to determine the feasibility of recording all calls received by the commission’s 24-hour hotline 1,757,157”.

The amendment was rejected.

Mr. Lynch, Ms. Tucker, Ms. Walsh and Mr. Jajuga moved to amend the bill in section 2, in item 1108-1011, by striking out the figure “508,816” and inserting in place thereof the following figure:— “586,730”.

The amendment was rejected.

Mr. Rauschenbach moved to amend the bill in section 2, in item 1231-1020, by inserting after the words “Title V, so-called;” in line 5, the following words:— “and to assist homeowners, homeowner associations or condominium associations to improve private water supply wells that have failed and where the local board of health has determined that such failure presents a risk to public health”; and
In said item 1231-1020 by inserting after the words “Title V compliance” the following words:— “or the cost of improving a private water supply well;”.
After debate, the question on adoption of the amendment was determined by a call of the yeas and nays, at twenty-nine minutes before one o’clock P.M., on motion of Mr. Rauschenbach, as follows, to wit (yeas 9 — nays 30):

YEAS.

NAYS.

The yeas and nays having been completed at twenty-three minutes before one o’clock P.M., the amendment was rejected.

Recess.

At twenty-two minutes before one o’clock P.M., at the request of Mr. Lees, for the purpose of a minority caucus, the Chair (Ms. Melconian) declared a recess; and, at six minutes past one o’clock P.M., the Senate reassembled, Ms. Melconian in the Chair.

Orders of the Day.

The House Bill making appropriations for the fiscal year 2001 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. 5101, printed as amended),— was further considered, the main question being on passing the bill to be engrossed.

Mr. Clancy moved to amend the bill in section 2, in item 1310-1000, by striking out the figure “1,890,707” and inserting in place thereof the following figure:— “1,923,005”.

The amendment was rejected.

Mr. Tisei moved to amend the bill in section 2, in item 1410-0010, by adding the following words:— “; provided further, that $20,000 shall be expended for refurbishment, renovation and repair of designated veteran memorial sites in the city of Melrose”.

The amendment was rejected.

PAPER FROM THE HOUSE

Engrossed Bill.

There being no objection, during consideration of the Orders of the Day, an engrossed Bill authorizing the Attorney General to suspend certain labor laws in an emergency (see House, No. 5172, amended) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and was signed by the President and laid before the Governor for his approbation.

Report of Committees.

By Ms. Melconian, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Linda J. Melconian, Brian P. Lees, Cheryl A. Rivera, Jack Keough and other members of the General Court for legislation relative to the Springfield Civic and Convention Center.
Senate Rule 36 was suspended, on motion of Mr. Lees, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Taxation.

Orders of the Day.

The House Bill making appropriations for the fiscal year 2001 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. 5101, printed as amended),— was further considered, the main question being on passing the bill to be engrossed.

Mr. Creedon moved to amend the bill in section 2, by inserting after item 1102-3231 the following item:
“1102-3332 For demolition of abandoned buildings which are a threat to public safety or to eliminate blight in the city of Brockton 275,000”.

The amendment was rejected.

Ms. Menard moved to amend the bill in section 2, in item 1410-0012, by striking out the words “$77,000 shall be obligated for a contract” and inserting in place thereof the following words:— “$100,000 shall be obligated for a contract”.

The amendment was rejected.

Mr. Rauschenbach moved to amend the bill in section 2, in item 1410-0012, by striking out the figure “110,000” and inserting in place thereof the following figure:— “135,000”.

The amendment was rejected.

Mr. Antonioni moved to amend the bill in section 2, in item 1410-0250, by striking the words “provided further, that not less than $120,000 shall be obligated for a contract with the Veterans Hospice Homestead in the city of Leominster” and inserting in place thereof the following words:— “provided further, that not less than $500,000 shall be obligated for a contract with the Veterans Hospice Homestead in the city of Leominster”.

The amendment was rejected.

Messrs. Glodis, Bernstein and Brewer and Ms. Resor moved to amend the bill in section 2, in item 1410-0250, by striking out the figure “267,750” and inserting in place thereof the following figure:— “337,750”; and in said item 1410-0250 by striking out the figure “1,493,825” and inserting in place thereof the figure “1,563,825”.

The amendment was rejected.

Mr. Shannon moved to amend the bill in section 2, in item 1599-0036, by adding the following words: “; and provided, that $600,000 be expended for the repair and rehabilitation of the Chevalier Memorial Auditorium in the city of Medford”; and, in said item 1599-0036, by striking out the figure “15,456,930” and inserting in place thereof the following figure:— “16,056,930”.

After remarks, the amendment was rejected.

Messrs. Lees, Tisei, Knapik, Tarr and Rauschenbach moved to amend the bill in section 2, by inserting after item 1599-3234, the following item:
“1599-3250 For costs associated with the development of a request for proposals, including guaranteed price proposals, for the operation and long-term maintenance of all or a portion of the Massachusetts Water Resources Authority, the evaluation of said proposals and the development of a recommendation to the board of directors of said authority whether to maintain current operations or accept one or more of said proposals; provided, that in the event that one or more of said proposals are accepted, upon contract commencement, the commonwealth shall be reimbursed by the selected contractor or contractors for all expenditures from this item 1,000,000”.

The President in the Chair, after debate, the question on adoption of the amendment was determined by a call of the yeas and nays, at twenty-eight minutes before two o’clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 6 — nays 33):

YEAS.

NAYS.

The yeas and nays having been completed at twenty-one minutes before two o’clock P.M., the amendment was rejected.

Messrs. Lees, Knapik, Rauschenbach and Hedlund and Mrs. Sprague moved to amend the bill in section 2, by inserting after item 1599-3234 the following item:
“1599-3317 For a reserve to implement the family friendly employee benefit program, so called, including the costs of emergency child and elder care, a national child and elder care referral service, and other costs incurred by agencies related to said program, including, but not limited to, the costs of salaries and medical benefits for personnel hired to substitute for employees on extended family leave; provided, that the secretary of administration and finance may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2001 such amounts as may be necessary to meet the costs of said program where the amounts otherwise available are insufficient for the purpose 4,842,50O”.

The amendment was rejected.

Ms. Murray and Messrs. Lees and Knapik moved to amend the bill in section 2, in item 1599-6899, by striking out the figure “25,000,000” and inserting in place thereof the following figure:— “31,000,000”.

After debate, the amendment was rejected.

Mr. Nuciforo moved to amend the bill in section 2, in item 1599-6899, by striking out the figure “25,000,000” and inserting in place thereof the following figure:— “44,000,000”; and in said item 1599-6899 by adding the following words:— “; provided, that not more than $34 million shall be used from this item to adjust the wages, compensation or salary and associated employee-related costs of personnel earning less than $39,000 in annual compensation who are employed by private human service providers that deliver human and social services under contract with departments within the executive office of health and human services and the executive office of elder affairs, provided further that not less than $10,000,000 shall be expended to mitigate the increased costs of health care insurance incurred by such providers and all of their employees in fiscal year 2001”.

The amendment was rejected.

Ms. Murray and Mr. Lees moved to amend the bill in section 2, by inserting after section 1599-9952 the following item:
“1599-xxxx For a reserve to mitigate the increased costs of health care insurance incurred by private human service providers, the sum appropriated herein shall be allocated by the operational services division in a manner that is fair and equitable to ensure that health insurance is affordable for employers to continue to provide to their employees, but does not give providers incentives to increase the employees share of health insurance costs during fiscal year 2001 and beyond; provided that the operational services division shall report to the house and senate committees on ways and means on the methodology established for allocating said compensation for health insurance costs and the approximate payments made to each such provider; and provided further, that the annualized cost of said adjustments in fiscal year 2002 shall not exceed the amount appropriated herein 10,000,000”.

The amendment was rejected.

Mr. Jajuga moved to amend the bill in section 2, in item 1750-0100, by striking out the figure “5,026,076” and inserting in place thereof the following figure:— “5,230,217”.

The amendment was rejected.

Mr. Jajuga moved to amend the bill in section 2, in item 1750-0111, by striking out the figure “339,346” and inserting in place thereof the following figure:— “369,451”.

The amendment was rejected.

Mr. Jajuga moved to amend the bill in section 2, in item 1750-0115, by striking out the figure “195,602” and inserting in place thereof the following figure:— “222,400”.

The amendment was rejected.

Mr. Jajuga moved to amend the bill in section 2, in item 1750-0200, by striking out the figure “1,189,463” and inserting in place thereof the following figure:— “1,262,981”.

The amendment was rejected.

Mr. Antonio moved to amend the bill in section 2, in item 2000-0100, by adding the following words:— “; and provided further, that $200,000 be expended as a grant for the capping of a sanitary landfill in the town of Townsend”.

The amendment was rejected.

Mr. Pacheco moved to amend the bill in section 2, in item 2000-0100, by striking out the words “$1,250,000 shall be” and inserting in place thereof the following words:— “$2,000,000 shall be”; and
In said item 2000-0100, by striking out the figure “4,184,022” and inserting in place thereof the following figure:— “4,934,022”.

The amendment was rejected.

Mr. Travaglini moved to amend the bill in section 2, in item 2000-0100, by striking out the figure “4,184,002” and inserting in place thereof the following figure:— “4,709,002”.

The amendment was rejected.

Mr. Hedlund moved to amend the bill in section 2, in item 2000-0100, by striking out the words “not less than $200,000 shall be expended on a program of coastal resources monitoring and restoration” and inserting in place thereof the following words:— “not less than $795,000 shall be expended on an expanded and comprehensive program of coastal resources monitoring and restoration”, and, in said item 2000-0100, by striking out the figure “4,184,002” and inserting in place thereof the following figure:— “4,779,002”.

The amendment was rejected.

Mr. Panagiotakos moved to amend the bill in section 2, in item 2010-0100, by adding the following words:— “; provided further, that $250,000 shall be appropriated to WasteCap of Massachusetts, a non-profit organization, for the operation of business waste and recycling programs, including grants to public and non-public entities.”

After remarks, the amendment was adopted.

Mr. Nuciforo moved to amend the bill in section 2, in item 2010-0100, by inserting after the words “with limited or non-existent recycling programs;” the following language:— “; provided further, that not less than $350,000 shall be appropriated from this item to Massachusetts non-profit organizations whose core missions are responsible solid waste management for innovative programs that develop or enhance the infrastructure in the areas of recycling, composting, reuse or reduction of solid or hazardous waste”.

After remarks, the amendment was adopted.

Ms. Resor, Ms. Fargo, Messrs. Pacheco, Brewer, Panagiotakos, Mrs. Sprague and Mr. Nuciforo moved to amend the bill in section 2, in item 2010-0100, by striking out the figure “9,020,000” and inserting in place thereof the following figure:— “10,200,877”.

Clean Environment Fund . . . . . 100.0%.

After remarks, the amendment was rejected.

Messrs. Tarr, Tolman, Jajuga, Shannon, Ms. Tucker, Ms. Fargo and Mr. Panagiotakos moved to amend the bill by inserting after item 2040-0100 the following item:
“2040-1991 For the second year cost of a seven year proportional reimbursement schedule for debt service costs attributable to the installation of certain air pollution control and related equipment or the cost of closing of the North Andover North East Solid Waste Committee waste to energy plant as required by the United States Environmental Protection Agency “Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Municipal Waste Combusters” (40CFR60) pursuant to section 129 of the Clean Air Act amendments of 1990; provided, however, that the city of Peabody and the towns of Acton, Andover, Arlington, Bedford, Belmont, Boxborough, Burlington, Carlisle, Dracut, Hamilton, Lexington, Lincoln, Manchester, North Andover, North Reading, Tewksbury, Watertown, Wenham, Westford, West Newbury, Wilmington and Winchester shall be eligible to receive said proportional reimbursement; provided, further, that any amounts provided from this item shall be in addition to and shall not replace any amounts currently appropriated by said cities and towns for said debt service costs; and provided, further, that any amount provided from this item shall be solely for the purposes of this item 3,000,000”.

After remarks, the amendment was rejected.

Ms. Fargo moved to amend the bill in section 2, in item 2100-0005, by adding the following words:— “; provided further, that not less than $46,000 shall be provided for the comprehensive clean-up and continued monitoring of Dudley pond in the town of Wayland”.

The amendment was rejected.

Ms. Fargo and Mr. Tolman moved to amend the bill in section 2, in item 2100-0005, by striking out the words “provided further, that $330,000 shall be provided for the dredging and clean-up of Hardy Pond;” and inserting in place thereof the following words:— “provided further, that $900,000 shall be provided for the dredging and clean-up of Hardy pond;”.

After debate, the amendment was rejected.

Mr. Nuciforo moved to amend the bill in section 2, in item 1102-3210, by inserting after the words “redeveloping surplus state properties to house state agencies;” the following words:— “; provided further, that not less than $100,000 shall be expended for the installation of an elevator in the library at Berkshire Community College”.

The amendment was rejected.

Mr. Rosenberg moved to amend the bill in section 2, in item 1599-6899, by inserting after the word “policy;” the following words:— “except for mental health, mental retardation, substance abuse and comprehensive family planning programs who otherwise meet the standards herein;”.

After remarks, the amendment was adopted.

Mr. Shannon moved to amend the bill in section 2, in item 2100-0005, by adding the following words:— “; provided further, that $350,000 be provided for the installation of a temporary earth berm in the Davidson park and high school areas in the town of Winchester; and provided further, that $203,000 be provided for the reconstruction of the Davidson park dam and bridge and the removal of the dam upstream of the pond in the town of Winchester”, and, in said item 2100-0005, by striking out the figure “5,241,952” and inserting in place thereof the following figure:— “5,794,952”.

The amendment was rejected.

Mr. Magnani moved to amend the bill in section 2, in item 2100-0005, by adding the following words:— “; and provided further, that not less than $175,000 shall be expended to conduct an aquifer storm water discharge program in the town of Franklin”.

After remarks, the amendment was adopted.

Mr. Nuciforo moved to amend the bill in section 2, in item 2100-0005, by inserting after the words “clean-up of Hardy Pond;” the following:— “; provided further, that not less than $183,750 shall be expended for a grant to the Berkshire Regional Planning Commission for the dredging and associated improvements to the Old Berkshire Mill dam on the Housatonic river;”.

The amendment was rejected.

Mr. Rauschenbach moved to amend the bill in section 2, in item 2100-0005, by adding the following words:— “; and provided further, that monies shall be provided for coastal protection and dredging projects, and that monies from this appropriation shall be expended to meet and satisfy projects agreed to by the department with local municipalities in fiscal year 2000, and other such dredging projects which the department identified, on or before April 1, 2000; and provided further, that not less than $872,000 shall be expended for the town of Wellfleet.”

The amendment was rejected.

Mr. Lees moved to amend the bill in section 2, in item 2100-0005, by inserting after the words “$300,000 shall be” the following words:— “made available for improvements to the waterways of Van Horn park in the city of Springfield;”.

The amendment was rejected.

Mr. Hedlund moved to amend the bill in section 2, by inserting after item 2100-0005 the following item:
“2100-xxxx For the dredging of South river in the towns of Marshfield and Scituate 475,131”.

The amendment was rejected.

Mr. Hedlund moved to amend the bill in section 2, by inserting after item 2100-0005 the following item:
“2100-xxxx For the expended repair and replacement of piers in the town of Cohasset 50,000”.

The amendment was rejected.

Mr. Glodis moved to amend the bill in section 2, in item 2100-0005, by adding the following words:— “; and provided further, that not less than $200,000 shall be expended for the repair of Eddy Pond dam in the town of Auburn”; and, in said item 2100-0005, by striking out the figure “5,241,952” and inserting in place thereof the following figure:— “5,441,952”.

The amendment was rejected.

Mr. Glodis moved to amend the bill in section 2, in item 2100-0005, by adding the following words:— “; and provided further, that not less than $25,000 be expended to the town of Upton for the repair of Pratt Pond dam”;.

After remarks, the amendment was adopted.

Ms. Melconian in the Chair, Ms. Fargo, Ms. Resor, Ms. Tucker and Messrs. Tarr and Knapik moved to amend the bill in section 2, by inserting after item 2100-0005 the following item:
“2100-0050 For the purposes of the administration and implementation of a non-native invasive weeds program to control the infestation of non-native exotic aquatic weeds in the commonwealth’s lakes, rivers and streams 1,000,000”.

After remarks, the amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 2100-2030, by adding the following words:— “; and provided further, that $85,000 be expended as a matching grant for the purchase of open space land, so-called, on King street in the town of Hanover”.

The amendment was rejected.

Mr. Tisei moved to amend the bill in section 2, in item 2100-2030, by striking out the words “$300,000 shall be made available to address drainage” and inserting in the place thereof the following words:— “$400,000 shall be made available to address drainage”.

The amendment was adopted.

Mr. Tisei moved to amend the bill in section 2, in item 2100-2030, in line 30, by adding after the words “drainage and flooding” the following words:— “and enhancing recreational opportunity”; and by inserting after the word “Melrose” the following words:— “and its surrounding communities.”

After remarks, the amendment was adopted.

Mr. Tisei moved to amend the bill in section 2, in item 2100-2030, by inserting after the words “Ernestina commission” the following words:— “; and provided further, that $236,000 shall be made available for the town of Reading for costs incurred from purchasing the Marion Woods property along the Ipswich river”.

The amendment was rejected.

Mr. Moore moved to amend the bill in section 2, in item 2100-2030, by adding the following words:— “; and provided further, that not less than $160,000 shall be expended for repairs and reconstruction of the fence, deck, roof and filter system at the Senator P. Eugene Casey Pool in Milford”.

The amendment was rejected.

Ms. Creem moved to amend the bill in section 2, in item 2100-2030, by adding the following words:— “; provided further, that not more than $200,000 be expended for the restoration of Hall’s pond in Brookline”.

The amendment was rejected.

Mr. Pacheco moved to amend the bill in section 2, in item 2100-2030, by striking out the figure “24,538,047” and inserting in lace thereof the following figure:— “24,888,047”.

The amendment was rejected.

Mr. Magnani and Ms. Jacques moved to amend the bill in section 2, in item 2100-2040, by striking out the words: “provided further, that provided further, that not more than $10,000 shall be provided for the purchase of cold water diving equipment to be used for water rescues at Cochituate State Park;” and inserting in place thereof the following words:— “provided further, that not more than $10,000 shall be provided for the purchase of cold water diving equipment to be used for water rescues at the Ashland, Hopkinton and Cochituate state parks, such equipment to be stored at the Natick fire department;” and, in said section 2, in said item 2100-2040, by adding the following words:— “; and provided further, that the department shall enter into a memorandum of understanding with the town of Natick for access through John J. Lane park to Cochituate state park”.

After remarks, the amendment was adopted.

Ms. Menard moved to amend the bill in section 2, in item 2100-3010, by inserting after the words “seasonal employees, so called;” the following words:— “provided further, that the department maintain 40 lifeguards at Horseneck beach;”.

After remarks, the amendment was adopted.

Mr. Brewer moved to amend the bill in section 2, in item 2100-3010, by striking out the figure “4,154,090” and inserting in place thereof the figure “4,323,004”.

After remarks, the amendment was rejected.

Ms. Menard moved to amend the bill in section 2, in item 2100-3011, by inserting after the words “seasonal employees, so called;” the following words:— “provided further, that the department have 40 lifeguards at Horseneck beach by June, 2001;”.

The amendment was adopted.

Ms. Menard and Mr. Pacheco moved to amend the bill in section 2, by inserting after item 2100-3011 the following item:
“2100-3020 For the operation of the bureau of fire control district 3 in the department of environmental management for Region 1 Bristol county; provided further, that $30,000 shall be obligated for the one additional firefighter; provided further, that $27,000 shall be obligated for a laborer; provided further that $27,000 shall be obligated for a tower operator; provided further, that $130,000 be obligated for a brush breaker; provided further, that $50,000 be obligated for a patrol truck 264,000”.

The amendment was rejected.

Ms. Tucker moved to amend the bill in section 2, in item 2100-2040, by adding the following words:— “; provided further, that not less than $150,000 will be expended for the open space acquisition and associated park improvements for the extension of Pemberton Park in Lawrence Heritage State Park”.

After remarks, the amendment was rejected.

Mr. Magnani moved to amend the bill in section 2, in item 2200-0100, by adding the following words:— “; and provided further, that not less than $100,000 shall be expended for repair nd resurfacing to the interior and exterior surfaces of the Cedar street water storage standpipe in the town of Ashland;”.

After debate, the amendment was adopted.

Mr. Pacheco moved to amend the bill in section 2, by inserting after item 2200-0100 the following item:
“2200-0102 For an assessment of the cumulative impacts of pollutants from such sources as buses, power plants, industrial processing plants, hazardous waste sites, and airplane exhaust 750,000”.

The amendment was rejected.

Messrs. Antonioni and Brewer moved to amend the bill in section 2, in item 2300-0106, by striking out the words “Inland Fisheries and Game Fund . . . . 50%; Marine Fisheries Fund . . . . 25%; Environmental Law Enforcement Fund . . . . 25%” and inserting in place thereof the following words:— “Inland Fisheries and Game Fund . . . . 25%; Marine Fisheries Fund . . . . 25%; Environmental Law Enforcement Fund . . . . 25%; General Fund . . . . 25%”.

The amendment was rejected.

Mr. Pacheco moved to amend the bill in section 2, in item 2310-0200, by adding the following words:— “; and provided further, that not less than $40,000 shall be expended to construct a fish ladder at Mill river in Taunton”.

The amendment was rejected.

Messrs. Shannon and Pacheco moved to amend the bill in section 2, by striking out item 2350-0101 and inserting in place thereof the following item:
“2310-0201 For the Hunter Safety Training program, provided that such program may expend funds for the services of environmental law enforcement personnel 249,160 Inland Fisheries and Game Fund 100.0%”.

After remarks, the amendment was rejected.

Mr. Pacheco, Ms. Resor, Mr. Rauschenbach and Ms. Fargo moved to amend the bill in section 2, in item 2310-0500, by striking out the figure “341,845” and inserting in place thereof the following figure:— “362,667”.

After debate, the amendment was rejected.

Mr. Brewer moved to amend the bill in section 2, by inserting after item 2300-0110, the following item:
“2310-1280 For deferred equipment purchase and maintenance repairs to facilities and properties under the control of the division of fisheries and wildlife 150,000
Inland Fisheries and Game Fund 100.0%”.

After remarks, the amendment was rejected.

Mr. Pacheco, Ms. Resor, Mr. Rauschenbach and Ms. Fargo moved to amend the bill in section 2, by striking out item 2315-0100 and inserting in place thereof the following new item:
“2315-0100 For the administration of a program of non-game management and research 434,381
General Fund 75.00%”.
Natural Heritage and
Endangered Species Fund 25.00%”.

After remarks, the amendment was rejected.

Mr. Pacheco moved to amend the bill in section 2, in item 2320-0200, by adding the following words:— “; and provided further, that the amount necessary to construct a boat ramp in the town of Mattapoisett shall be expended from this item.”

The amendment was rejected.

Mr. Tarr moved to amend the bill in section 2, in item 2320-0200, by adding the following words:— “; and provided further, that $175,000 shall be expended for the construction of a wheel-chair accessible fishing pier on Silver Lake in the town of Wilmington”.

The amendment was rejected.

Mr. Knapik moved to amend the bill in section 2, in item 2320-0200, by adding the following words:— “; and provided further, that not more than $30,000 be expended for a handicapped accessible public fishing pier and boarding docks associated along with access walkways and utilities on Congamond lake in Southwick”.

The amendment was rejected.

Mr. Tarr moved to amend the bill in section 2, in item 2320-0200, by adding the following words:— “; provided further, that $92,658 be expended for the renovation and reconstruction of Morss Pier in the town of Manchester-by-the-Sea”.

The amendment was rejected.

Mr. Brewer moved to amend the bill in section 2, in item 2350-0100, by striking out the figure “9,496,152” and inserting in place thereof the following figure:— “10,215,065”.

After debate, the amendment was rejected.

Messrs. Tarr, Rauschenbach and Hedlund moved to amend the bill in section 2, in item 2350-0100, by adding the following words:— “; provided further that 12 additional environmental officers shall be hired to patrol coastal areas”; and in said item 2350-0100, by striking out the figure “9,496,152” and inserting in place thereof the following figure:— “10,649,186”.

The amendment was rejected.

Mr. Jajuga moved to amend the bill in section 2, in item 2350-0104, by striking out the words “up to $150,000” and inserting in place thereof the following words:— “up to $250,000”; and in said item 2350-0104, by striking out the figure “150,000” and inserting in place thereof the following figure:— “250,000”.

The amendment was rejected.

Mr. Lees moved to amend the bill in section 2, in item 2350-0104, by striking out the figure “150,000” and inserting in place thereof the following figure:— “250,000”.

The amendment was rejected.

Mr. Travaglini moved to amend the bill in section 2, in item 2440-0010, by adding the following words:— “; provided further, that not more than $130,000 shall be expended for clean-up and restoration of Donovan’s Beach in the town of Winthrop”.

The amendment was rejected.

Mr. Tisei moved to amend the bill in section 2, in item 2440-0010, by adding the following words:— “; and provided further, that not less than $25,000 shall be expended for maintenance and repairs to Pine Banks park.”

The amendment was rejected.

Mr. Tolman moved to amend the bill in section 2, in item 2440-0010, by adding the following words:— “; and provided further, that $100,000 be expended for renovations to the Brighton/Allston pool, including the bath house, so-called”; and by striking out the figure “31,138,277” and inserting in the place thereof the following figure:— “31,238,277”.

After remarks, the amendment was rejected.

Mr. Tolman moved to amend the bill in section 2, in item 2440-0010, by adding the following words:— “; and provided further, that $150,000 shall be expended to begin a master plan for the Alewife reservation area”; and by striking out the figure “31,138,277” and inserting in the place thereof the following figure:— “31,288,277”.

After remarks, the amendment was rejected.

Ms. Resor, Ms. Fargo, Messrs. Lees, Pacheco, Magnani and Ms. Creem moved to amend the bill in section 2, by inserting after item 2200-0100 the following item:
“2200-0150 For the implementation of the Massachusetts drivers protection act, so-called, pursuant to chapter 258 of the acts of 1996; provided, that said assistance shall include, but not be limited to, funding of consultant contracts for the circuit rider program, so-called, the development and distribution of maps, and technical guidance materials; and for the provision of technical assistance to communities in meeting the requirements of title v, the state environmental code on subsurface disposal of sanitary sewage, and the requirements of the new federal rules adopted under the Safe Drinking Water Act, new stormwater requirements under stormwater phase two rules, and new pollution control rules called maximum daily loads 1,000,000”.

After debate, the amendment was rejected.

Mr. Tolman moved to amend the bill in section 2, in item 2440-0010, by adding the following words:— “; provided further, that not less than $264,874 shall be expended to renovate the Pat and Gabriel Farren Memorial Playground in Watertown”; and by striking out the figure “31,138,277” and inserting in place thereof the following figure:— 31,403,151”.

After remarks, the amendment was rejected.

Mr. Morrissey moved to amend the bill in section 2, in item 2440-0010, by adding the following words:— “; and provided further, that not more than $30,000 shall be expended to repair the bridge, walkways and parking lot of Moswetuset Hummock Park located in the City of Quincy;”.

After remarks, the amendment was rejected.

Ms. Creem moved to amend the bill in section 2, in item 2440-0010, by adding the following words:— “; and provided further, that $150,000 shall be expended for bikepath connections in the town of Brookline and the city of Boston between the Jamaicaway south of state Route 9 and along the Riverway to the north of state route 9.”

The amendment was rejected.

Messrs. Hedlund, Tarr and Clancy moved to amend the bill in section 2, by inserting after item 2440-0010 the following item:
“2440-xxxx For sanding and beach renourishment for MDC reservations on the north and south shores 75,000”.

The amendment was rejected.

Mr. Morrissey moved to amend the bill in section 2, by inserting after item 2440-0010 the following item:
“2440-0031 For the enhancement of the Boston Harbor islands; provided, that the commission shall target improvements to Peddock’s and Lovell’s islands including the acquisition of summer cottages thereon 300,000”.

After remarks, the amendment was rejected.

Mr. Rosenberg moved to amend the bill in section 2, in item 2511-0100, by striking out, the words “not less than $350,000” and inserting in place thereof the following words:— “not less than $200,000”.

After remarks, the amendment was adopted.

Mr. Nuciforo moved to amend the bill in section 2, item 2511-0110, by striking out the words “reimbursing cities and towns for the costs of acquisition of open space land for the purpose of conservation and recreation; provided, that each such reimbursement shall represent the commonwealth’s total commitment in such acquisitions,” and inserting in place thereof the following words:— “preserving agricultural lands in partnerships with cities and towns; provided, that priority for these funds shall be given to agricultural land in cities and towns that provide matching funds at a level that is satisfactory to the Agricultural Lands Preservation Committee,”.

After debate, the amendment was adopted.

Ms. Resor, Ms. Fargo and Mr. Tarr moved to amend the bill in section 2, in item 2511-3002, by striking out the figure “299,500” and inserting in place thereof the following figure:— “399,500”.

After remarks, the amendment was rejected.

Mr. Shannon moved to amend the bill in section 2, in item 0332-4000, by striking out the words “one additional assistant clerk magistrate and”; and by striking out the figure “2,668,125” and inserting in place thereof the following figure:— “2,627,469”.

The amendment was adopted.

Mr. Lynch moved to amend the bill in section 2, in item 2440-0010, by striking out the words “John E. Powers” and inserting in place thereof the following words:— “former Senate President John E. Powers”.

After remarks, the amendment was adopted.

Messrs. Lees, Tisei, Knapik, Rauschenbach, Tarr, Havern, Mrs. Sprague and Ms. Fargo moved to amend the bill in section 2, by inserting after item 4000-0111 the following item:
“4000-0120 For the Anchor program, so called, at the McCormack institute of public affairs at the University of Massachusetts at Boston 200,000”.

The amendment was rejected.

Messrs. Moore and Lees, Ms. Wilkerson, Ms. Walsh, Messrs. Tolman and Nuciforo, Mrs. Sprague, Ms. Creem, Messrs. Lynch and Tisei, Ms. Resor, Ms. Fargo and Mr. Joyce moved to amend the bill in section 2, in item 4000-0500, by adding the following words:— “and provided further, that $5,800,000 of the amount appropriated herein shall be expended for payment adjustments for inpatient services provided at acute pediatric specialty hospitals with not less than 250 licensed beds, which shall include disproportionate share payments and rate adjustments to compensate for the costs resulting from modifications to the division’s payment methodology to acute care pediatric specialty hospitals with not less than 250 licensed beds in a manner which shall treat graduate medical education costs for pediatric residents at said hospitals as primary care medical education costs and shall recognize the intensity of certain outpatient service, and for the costs resulting from modifications to the rate methodology used by the division to reimburse acute care pediatric specialty hospitals with not less than 250 beds for care provided during so-called ‘outlier’ days, which shall mean days in excess of 20 days after an acute inpatient hospital admission”.

After remarks, the question on adoption of the amendment was determined by a call of the yeas and nays, at twenty-seven minutes before four o’clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 39 — nays 0):

YEAS.

NAYS — 0.

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

Mr. Moore, Ms. Wilkerson, Ms. Creem and Mr. Nuciforo moved to amend the bill in section 2, in item 4000-0700, by adding the following words: “; and provided further, that the division shall cover the cost of medical care for those suffering from advanced stages of emphysema who lack appropriate insurance coverage but qualify for a clinical trial at one of the 11 Massachusetts hospitals participating in the lung volume reduction surgery, so-called (LVRS)”.

After remarks, the amendment was rejected.

Mr. Moore moved to amend the bill in section 2, in item 4000-1451 by adding the following words:— “; provided further, that funds shall be expended to establish a program to educate physicians to consider costs when prescribing medication and that such program shall identify the range of physician behavior with regard to patterns of prescribing medications and shall identify physicians whose prescribing patterns are one standard deviation above the mean prescribing pattern and once so identified, shall take action to educate said physicians as to the best practices for prescribing clinically effective and affordable medications; and provided further, that such program shall include the development of an education campaign for MassHealth members to educate them on the safety and efficacy of generic medications”.

After remarks, the amendment was adopted.

Messrs. Tisei, Tolman and Knapik moved to amend the bill in section 2, in item 4000-0866, by striking out the figure “2,500,000” and inserting in place thereof the following figure:— “5,000,000”.

After debate, the amendment was rejected.

Ms. Creem moved to amend the bill in section 2, in item 2440-0010, by adding the following language:— “; and provided further, that not less than $150,000 shall be expended for the costs associated with the management of aquatic non-native plants in the Charles river lakes district, including treatment and monitoring”.

After remarks, the amendment was adopted.

Mr. Moore moved to amend the bill in section 2, in item 4000-1451, by adding the following words:— “; and provided further, that not less than $250,000, in conjunction with any private and federal funds, shall be allocated for establishment of the pharmacy outreach program, established by section 4C of Chapter 19A of the General Laws”.

The amendment was adopted.

Mr. Rauschenbach moved to amend the bill in section 2, in item 4000-1504, by adding the following words:— “; provided further, a community health center, which through participation in the division of medical assistance’s fiscal year 2000 Access Program, so-called, has opened one or more offsite dental centers in an area with under-served dental services, shall (i) not be restricted in the number of uninsured patients served at such sites; and (ii) receive reimbursement from the uncompensated care pool for such dental services at the rate that the uncompensated care pool pays to the community health center’s main clinic”.

After remarks, the amendment was rejected.

Messrs. Shannon and Tolman moved to amend the bill in section 2, in item 4110-1000, by adding the following words:— “; provided further, that the Massachusetts commission for the blind shall work in collaboration with the Massachusetts commission for the deaf and hard of hearing to provide assistance and services to the deaf-blind community through said deaf-blind community access network”.

After remarks, the amendment was adopted.

Mr. Travaglini moved to amend the bill in section 2, in item 4110-4000, by striking out the words “and provided further, that $40,000 shall be expended on a cost of living adjustment to the blind workers in the workshop” and inserting in place thereof the following words:— “provided further, that the commissioner of the commission for the blind shall provide for a cost of living adjustment to blind workers and retired blind workers not to exceed $40,000 in total for all such blind workers; and provided further that not less than $180,000 shall be used for additional rental and/or moving costs of the Ferguson Industries for the Blind”.; and, in said item 4110-4000, by striking out the figure “1,655,210” and inserting in place thereof the following figure:— “1,918,949”.

The amendment was rejected.

Ms. Creem moved to amend the bill in section 2, in item 4120-4000, by striking out the figure “7,023,433” and inserting in place thereof the following figure:— “7,923,433”.

The amendment was rejected.

Mr. Berry moved to amend the bill in section 2, in item 4120-4000, by striking out the words “fiscal year 1998” and inserting in place thereof the following words:— “fiscal year 2000”.

The amendment was rejected.

Ms. Murray moved to amend the bill in section 2, in item 4130-0005, by adding the following words:— “; provided, that not less than $411,810 shall be expended from this item in fiscal year 2001 to hire not less than ten full time equivalent licensors or investigators”; and by striking out the figure “6,906,493” and inserting in place thereof the following figure:— “7,197,422”.

After remarks, the amendment was rejected.

Ms. Wilkerson and Messrs. Rosenberg and Lynch moved to amend the bill in section 2, in item 4130-3300, by inserting after the words “surplus to this item;” the following words:— “provided further, that not less than $500,000 shall be expended to continue Boston Community Centers’ supportive services contract to provide child care and support to high-risk children;”.

The amendment was rejected.

Ms. Wilkerson, Messrs. Lees and Tolman moved to amend the bill in section 2, by striking out item 4130-3500 and inserting in place thereof the following item:
“4130-3500 For the provision of trial court child care services; provided, that $175,000 shall be expended for child care services in the Roxbury trial court; provided further, that $250,000 shall be expended for child care services in the Springfield trial court; provided further, that $175,000 shall be expended for child care services in the West Roxbury trial court; provided further, that $255,938 shall be expended for child care services in the Middlesex trial court; provided further, that $175,000 shall be expended for child care services in the Dorchester district court; provided further, that $175,000 shall be expended for trial court child care in Lawrence; provided further, that $250,000 shall be expended for child care at the Suffolk county court complex; provided further, that not less than $175,000 shall be expended for child care services in the Fall River trial court; provided further, that $200,000 shall be expended for child care services in the Chelsea trial court; and provided further, that $300,000 shall be expended for child care services in the Brockton trial court 2,130,938”.

The amendment was rejected.

Messrs. Knapik, Lees and Brewer moved to amend the bill in section 2, in item 4190-1100, by striking out the figure “88,000” and inserting in place thereof the following figure:— “138,000”.
The President in the Chair, after debate, the question on adoption of the amendment was determined by a call of the yeas and nays, at twenty-seven minutes past four o’clock P.M., on motion of Mr. Knapik, as follows, to wit (yeas 12 — nays 26):

YEAS.

NAYS.

ABSENT OR NOT VOTING.

The yeas and nays having been completed at twenty-seven minutes before five o’clock P.M., the amendment was rejected.

Messrs. Knapik, Lees and Brewer moved to amend the bill in section 2, by inserting after item 4190-1100 the following item:
“4190-1103 For a one-time purchase of medical related equipment for said soldiers’ home; provided, that said home shall submit a report detailing the purchase and expenditures of each medical related equipment; and provided further, that the report shall include, but not be limited to, the expenditures of health related examinations performed outside of said home during the years 2000 and 2001 not later than February 1, 2001 750,000”.

The amendment was rejected.

Ms. Resor, Mr. Shannon, Mr. Tolman, Ms. Creem and Ms. Menard moved to amend the bill in section 2, in line item 4403-2000, by inserting after the words “informal child care;” the following words:— “provided further, that the department of transitional assistance shall provide verbal and written notification to all recipients of their child care benefits on a semiannual basis; provided further, that said 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 said notification shall detail available child care benefits for current and former recipients, including employment and training benefits, transitional benefits, and post-transitional benefits; provided further, that said department shall work with the office of child care services to ensure that any recipient currently receiving benefits and any former recipient during the one year period following termination of benefits shall be provided written and verbal information about child care benefits and services”.

After remarks, the amendment was adopted.

Ms. Wilkerson and Ms. Murray moved to amend the bill in section 2, in item 4403-2000, by adding the following words:— “; and provided, further, that homeless families whose cash assistance benefits have been reduced because they have resided in a shelter shall receive a relocation benefit related to securing permanent housing equal to the amount by which their cash assistance benefits were reduced while they were in a shelter or the amount provided by department regulations as of March 1, 2000, whichever is greater”; and in item 4403-2002, by adding the following words:— “; and provided, further, that homeless families whose cash assistance benefits have been reduced because they have resided in a shelter shall receive a relocation benefit related to securing permanent housing equal to the amount by which their cash assistance benefits were reduced while they were in a shelter or the amount provided by department regulations as of March 1, 2000, whichever is greater”.

The amendment was rejected.

Mr. Panagiotakos, Ms. Fargo, Messrs. Shannon, Tarr, Havern, Ms. Creem, Ms. Tucker, Messrs. Magnani, Tolman, Glodis, Knapik and Ms. Resor moved to amend the bill in section 2, in item 4403-2120, by st