UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.

Wednesday, May 24, 2006 .

Met at five minutes past eleven o'clock A.M. (Mr. Moore in the Chair).

  Recess.

There being no objection, at six minutes past eleven o’clock A.M. , the Chair (Mr. Moore) declared a recess subject to the call of the Chair; and, at twenty minutes past eleven o’clock A.M. , the Senate reassembled, the President in the Chair.

Distinguished Guests.

There being no objection, during the consideration of the Orders of the Day, several guests were recognized as follows:-

The President handed the gavel to Mr. Hedlund for the purpose of an introduction.  Mr. Hedlund then introduced, seated in the Senate Gallery, students from the Foster School in Hingham. The forty second graders were accompanied by their teachers Mrs. Barbara Comearney and Mrs. Lynn Peterson.

The President handed the gavel to Mr. Antonioni for the purpose of an introduction.  Mr. Antonioni then introduced, seated in the rear of the Chamber, the Leominster Historical Commission. The members, accompanied by Representative Flanagan, recently published a book entitled, "Combing through Leominster's History".   

The President handed the gavel to Mr. Joyce for the purpose of an introduction.  Mr. Joyce then introduced from Randolph, Meg, Keith, Greta and Abigail Boone and from Milton Kate Carroll, Paul Crehan and Julie Tracy.   

The President handed the gavel to Mr. Brewer for the purpose of an introduction.  Mr. Brewer then introduced State Representative Harold P. Naughton, Jr., who has recently returned from a tour of duty in Iraq.

The President recognized, seated in the Senate Gallery, Denise Kelcey, a long-time employee in the district office of Senate Minority Leader Brian Lees, who was in Boston to attend the formal budget session.

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

The Senator from Worcester and Middlesex, Mr. Antonioni, offered the following prayer:

Source of all Goodness,
May we be granted health enough to perform our daily tasks,
Wealth enough to answer our needs,
Compassion enough to feel the needs of others,
Strength enough to recognize our faults,
Wisdom enough to understand what is required of us,
Loyalty enough to discharge our duties,  
Courage enough to be true to the best within us,
Charity enough to see the best in others,
Patience enough that we not become discouraged,
Hope enough to overcome all fears for the future,
And faith enough to feel the Divine Presence in our lives. Amen.

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

Resolutions (filed by Mr. Brown, Ms. Spilka, Ms. Resor, Ms. Murray, Mr. Joyce, Ms. Tucker, Mr. Morrissey, Ms. Chandler, Messrs. Travaglini, Tisei, Montigny, Tolman, Hedlund, Barrios, Rosenberg, McGee, Antonioni, Lees, Pacheco, Ms. Fargo and Mr. Moore) “congratulating Doug Flutie on the occasion of his retirement from the National Football League”.

Orders of the Day.

The Orders of the Day were considered as follows:-

The House Bill making appropriations for the fiscal year 2007 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. 4901),-- was read a second time.

After remarks, pending the main question on ordering the bill to a third reading and pending the question on adoption of the amendment as recommended by the committee on Ways and Means, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 3, the following amendments were considered:-

Mr. Brown moved that the bill amended by inserting, after Section ____, the following new Section:- 

SECTION ____. “SECTION 1. In addition to the provisions of Chapter 59, Section 5 of the General Laws of the Commonwealth upon reaching his/her eightieth birthday, an assessed owner of his/her primary residence located in the Town of Sherborn, who has been the assessed owner for not less than thirty consecutive years, may claim an exemption from taxation on fifty percent of the assessed value of the land, building lot only, containing this residence. The exemption will be valid beginning with the fiscal year that follows the fiscal year in which the qualifying birthday falls.

SECTION 2. Any assessed owner in the Town of Sherborn claiming said exemption shall file application to the Assessors by January 1 for the fiscal year which starts on the following July 1, and said application must be made each year. 

SECTION 3. Notwithstanding Section 1 of this Section, any residence, that is also the residence of school-aged children, does not qualify for the purposes of this Act. 

SECTION 4. Notwithstanding Section 1 of this Section, no exemption shall exceed in dollar amount twenty-five percent of the average single-family tax bill as determined by the Department of Revenue for the Town of Sherborn fiscal year then underway at the January 1 application date. No more than one such exemption per property may be granted pursuant to this Act irrespective of the number of qualifying co-owners. 

SECTION 5. An assessed owner of his/her primary residence, who is a surviving spouse of an assessed owner who qualified for the exemption in Section 1, shall also qualify for said exemption, provided he or she is not less than eighty years of age prior to July 1 of the year for which an exemption pursuant to this act is claimed, notwithstanding any other requirement of Section 1 of this Act”.
The amendment was rejected.

Messrs. Havern and Brewer  moved that the bill be amended in section 2, in item 1232-0100, by striking out the figure “$18,200,000” and inserting in place thereof the following figure:- “$28,200,000”.
The amendment was rejected.

Ms. Tucker and Messrs. Brown and Tarr and moved that the bill be amended by inserting, after Section ____, the following new Section:-

“Section ___.  On or before April 15^th, a consensus local aid resolution for chapter 70 and lottery aid for the budget for the ensuing fiscal year shall be released.  A special commission will be formed to review timelines and establish process for meeting this deadline.  The commission shall consist of three members appointed by the president of the senate; three members appointed by the speaker of house of representatives; three members of the Massachusetts Municipal Association, one each representing an urban, suburban and rural community; and the secretary of administration and finance.  The commission shall file a report and recommendations with the house and senate committees on ways and means no later than December 31, 2006.
The amendment was rejected.

Messrs. Moore and Hedlund moved that the bill amended in section 2, in item 9500-0000, by inserting at the end thereof the following:- “provided, further, that $100,000 be authorized for a cooperative agreement with the National Conference of State Legislatures for a salary and classification study of the Senate staff”.
The amendment was rejected

Messrs. Moore, Hedlund and Tarr moved that the bill be amended by striking in its entirety Section 29.
After remarks, the amendment was adopted

Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Brown moved that the bill be amended by inserting, after Section ___, the following new Section:-

“SECTION ____.  Section 7 of Chapter 4 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking the second sentence of clause eighteenth and inserting in place thereof the following:-  “Legal holiday” shall also include, with respect to Suffolk county only, March seventeenth, or the day following when said days occur on Sunday; provided, however, that the words “legal holiday” as used in section forty-five of chapter one hundred and forty-nine shall not include March seventeenth, or the day following when said day occurs on a Sunday”.
After remarks, the amendment was rejected.

Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Brown moved that the bill be amended by inserting, after Section ___, the following new Section:-

“SECTION ____.  Section 7 of Chapter 4 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking the second sentence of clause eighteenth and inserting in place thereof the following:-  “Legal holiday” shall also include, with respect to Suffolk county only, June seventeenth, or the day following when said days occur on Sunday”.

After debate, the question on adoption of the amendment was determined by a call of the yeas and the nays at four minutes before twelve o'clock noon, on motion of Mr. Lees, as follows, to wit (yeas 12 - nays 27) [Yeas and Nays No. 260]:

The yeas and nays having been completed at twelve o'clock noon , the amendment was rejected.

Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Brown moved that the bill be amended by inserting, after Section ___, the following new Section:-

“SECTION ____.  Section 7 of Chapter 4 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking the following words contained in lines 87 and 88 of clause eighteenth:-  “, with respect to Suffolk county only,”

After remarks, the question on adoption of the amendment was determined by a call of the yeas and the nays at three minutes past twelve o'clock noon, on motion of Mr. Lees, as follows, to wit (yeas 23 - nays 16) [Yeas and Nays No. 261]:

The yeas and nays having been completed at six minutes past twelve o'clock noon , the amendment was adopted.

Messrs. Lees, Tisei, Tarr, Hedlund, Knapik, Brown, Timilty and Joyce moved that the bill be amended by inserting, after Section ___, the following new Section:-

“SECTION ____.  Said section 5 of said chapter 59, as so appearing, is hereby amended by inserting after clause Forty-first C the following clause:-

Forty-first C 1/2, Real property, of an amount equal to 5 per cent of the average assessed value of all Class One parcels within such city or town of the principal residence of a taxpayer as used by the taxpayer for income tax purposes of a person who has reached his seventieth birthday before to the fiscal year for which an exemption is sought and occupied by the person as his domicile, or of a person who owns the same jointly with his spouse, either of whom has reached his seventieth birthday before to the fiscal year for which an exemption is sought and occupied by them as their domicile, or for a person who has reached his seventieth birthday before to the fiscal year for which an exemption is sought who owns the same jointly or as a tenant in common with a person not his spouse and occupied by him as his domicile; provided: (A) that such person (1) has been domiciled in the commonwealth for the preceding 10 years, (2) has so owned and occupied such real property or other real property in the commonwealth for 5 years, or (3) is a surviving spouse who inherits such real property and has occupied such real property in the commonwealth 5 years and who otherwise qualified under this clause; and (B) that such taxpayer's gross receipts from all sources do not exceed the dollar amount calculated to be the income limits on a taxpayer's total income for a single individual who is not the head of a household for the purposes of paragraph (3) of subsection (k) of section 6 of chapter 62 for the most recently completed state tax year, as determined by the commissioner of revenue. 

A city, by vote of its council and approval of its mayor, or a town, by vote of town meeting, may adjust the following factors contained in these provisions by: (1) increasing the amount of the exemption to as much as 20 per cent of the average assessed value of all Class One parcels within such city or town;  (2) reducing the requisite age of eligibility to any person age 65 years or older; and (3) reducing the residency requirements to not less than 5 years. 

This clause shall take effect in any city or town that votes to accept its terms at the next regularly scheduled municipal election for any fiscal year commencing on or after July 1, 2006.    The question appearing on the official ballot shall be in the following form:

“Shall section ___ of the Acts of ____ granting real estate property tax reductions to qualifying senior citizens be accepted?”

If a majority of the votes cast in answer to said question is in the affirmative, said clause shall take effect, but not otherwise.

In those cities and towns that accept this clause, clauses Forty-first, Forty-first B and Forty-first C shall not be applicable; provided, however, that any amount of money annually appropriated by the commonwealth for the purpose of reimbursing cities and towns for taxes abated under this clause, clause Forty-first, clause Forty-first B and clause Forty-first C shall be distributed as provided in said clause Forty-first.

After remarks, the question on adoption of the amendment was determined by a call of the yeas and the nays at ten minutes past twelve o'clock noon, on motion of Mr. Lees, as follows, to wit (yeas 39 - nays 0) [Yeas and Nays No. 262]:

The yeas and nays having been completed at thirteen minutes past twelve o'clock noon , the amendment was adopted.

Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Brown moved that the bill be amended by inserting, after Section ___, the following new Sections:-

“SECTION ___.  Section 13 of chapter 186 of the Acts of 2002 is hereby repealed.

SECTION ___. Subsection (a) of section 3 of chapter 62 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out subdivision (13) in its entirety and inserting in place thereof the following subdivision:—

(13) An amount equal to the amount of the charitable contribution deduction allowed or allowable to the taxpayer under section 170 of the Code; provided, however, that, in taxable years beginning on or after January 1, 2004, no such deduction shall be allowed in any taxable year unless the personal exemptions provided in subparagraph (A) of subdivision (1) of subsection (b) of this section, subparagraph (A) of subdivision (1A) of subsection (b) of this section, and subparagraph (A) of subdivision (2) of subsection (b) of this section for such taxable year are the maximum allowable amounts set forth in said subparagraphs; and provided further, that notwithstanding said section 170 of the Code, no deduction shall be allowed for contributions of household goods or used clothing, as those items are recognized under said section 170 of the Code. All requirements, conditions and limitations applicable to charitable contributions under the Code shall apply for purposes of determining the amount of the deduction under this subparagraph, except that taxpayers shall not be required to itemize their deductions in their federal income tax returns.

SECTION ___.  Section 4 of chapter 62 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out paragraph (b) and inserting in place thereof the following:-

(b) Part B taxable income shall be taxed at the rate of 5.2 per cent for tax years beginning on or after January 1, 2007.

SECTION ___.  Section 4 of chapter 62 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out paragraph (b) and inserting in place thereof the following:-

(b) Part B taxable income shall be taxed at the rate of 5.1 per cent for tax years beginning on or after January 1, 2008.

SECTION ___.  Section 4 of chapter 62 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out paragraph (b) and inserting in place thereof the following:-

(b) Part B taxable income shall be taxed at the rate of 5.0 per cent for tax years beginning on or after January 1, 2009.

SECTION___.  The preceding three Sections shall become effective on January 1, 2007, January 1, 2008, and January 1, 2009, respectively.
The amendment was rejected.

Messrs. Lees, Tisei, Tarr, Hedlund, Knapik, Brown, Joyce, Montigny and Timilty moved that the bill be amended by inserting, after Section __, the following new Section:-

“SECTION ___. Subsection (a) of section 3 of chapter 62 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out subdivision (13) in its entirety and inserting in place thereof the following subdivision:—

(13) An amount equal to the amount of the charitable contribution deduction allowed or allowable to the taxpayer under section 170 of the Code; provided, however, that, in taxable years beginning on or after January 1, 2004, no such deduction shall be allowed in any taxable year unless the personal exemptions provided in subparagraph (A) of subdivision (1) of subsection (b) of this section, subparagraph (A) of subdivision (1A) of subsection (b) of this section, and subparagraph (A) of subdivision (2) of subsection (b) of this section for such taxable year are the maximum allowable amounts set forth in said subparagraphs; and provided further, that notwithstanding said section 170 of the Code, no deduction shall be allowed for contributions of household goods or used clothing, as those items are recognized under said section 170 of the Code. All requirements, conditions and limitations applicable to charitable contributions under the Code shall apply for purposes of determining the amount of the deduction under this subparagraph, except that taxpayers shall not be required to itemize their deductions in their federal income tax returns.

SECTION ___. Section 4 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out subsection (b) in its entirety and inserting in place thereof the following subsection:— 

(b) Part B taxable income shall be taxed at the rate of 5 per cent for taxable years beginning on or after January 1, 2007”.

Pending the question on adoption of the amendment, Messrs. Panagiotakos, Havern, Baddour, Brown, Hedlund, Joyce, Knapik, Lees, Montigny, Tarr and Tisei moved that the amendment (Lees et al) be amended by striking out the amendment and inserting in place thereof the following:-

SECTION 1.  Subsection (a) of Part B of section 3 of chapter 62 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out subdivision (13) and inserting in place thereof the following subdivision:-

(13) An amount equal to the amount of the charitable contribution deduction allowed or allowable to the taxpayer under section 170 of the Code; provided, however, that, in taxable years beginning on or after January 1, 2004, no such deduction shall be allowed in any taxable year unless the personal exemptions provided in subparagraph (A) of subdivision (1) of subsection (b) of this section, subparagraph (A) of subdivision (1A) of subsection (b) of this section, and subparagraph (A) of subdivision (2) of subsection (b) of this section for such taxable year are the maximum allowable amounts set forth in said subparagraphs; and provided further, that notwithstanding said section 170 of the Code, no deduction shall be allowed for contributions of household goods or used clothing, as those items are recognized under said section 170 of the Code. All requirements, conditions and limitations applicable to charitable contributions under the Code shall apply for purposes of determining the amount of the deduction under this subparagraph, except that taxpayers shall not be required to itemize their deductions in their federal income tax returns.

SECTION 2.  Section 4 of chapter 62 of the General Laws, as so  appearing, is hereby amended by striking out paragraph (b) and inserting in place thereof the following:-

(b) Part B taxable income shall be taxed at the rate of 5.2 per cent for tax years beginning on or after January 1, 2007.

SECTION 3.  Section 4 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out paragraph (b) and inserting in place thereof the following:-

(b) Part B taxable income shall be taxed at the rate of 5.1 per cent for tax years beginning on or after January 1, 2008.

SECTION 4.  Section 4 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out paragraph (b) and inserting in place thereof the following:-

(b) Part B taxable income shall be taxed at the rate of 5.0 per cent for tax years beginning on or after January 1, 2009.

SECTION 5.  Section 2 shall take effect on January 1, 2007 and shall expire on December 31, 2007.

SECTION 6.  Section 3 shall take effect on January 1, 2008 and shall expire on December 31, 2008.

SECTION 7.  Section 4 shall take effect on January 1, 2009 and shall expire on December 31, 2009.

SECTION 8.  Sections 1 through 4 shall take effect only after the amount distributed to cities and towns as Chapter 70 aid, Additional Assistance, and Lottery Aid reach the amounts provided for such purposes in fiscal year 2002, as increased by inflation.

After remarks, the question on adoption of the further amendment (Panagiotakos et al) was determined by a call of the yeas and the nays at seventeen minutes before one o'clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 39 - nays 0) [Yeas and Nays No. 263]:

The yeas and nays having been completed at fourteen minutes before one o'clock P.M. , the further amendment was adopted.
The pending amendment (Lees et al), as amended (Panagiotakos et al) was then adopted.

Messrs. Lees, Tisei, Tarr, Hedlund, Knapik, Brown and Joyce moved that the bill be amended by inserting, after Section ___, the following new Section:-

“SECTION ___.  Section 5 of chapter 59 of the General Laws, as appearing in the 2004 official edition, is hereby amended by inserting after clause fifty-fourth the following:-

Fifty-fifth.  Notwithstanding any other provision of this section, any person eligible for an exemption under clause Twenty-second (a), Twenty-second (B), Twenty-second (c), Twenty-second (d), Twenty-second (e), Twenty-second (f), Twenty-second A, Twenty-second B, Twenty-second C, Twenty-second D, and Twenty-second E shall be eligible for an increase in the exemption, up to four times the amount of the exemption, for a city, by vote of its council and approval of its mayor, or for a town, by vote of town meeting.  This paragraph shall take effect in a city or town upon its acceptance by such city or town”.

The question on adoption of the amendment was determined by a call of the yeas and the nays at twelve minutes before one o'clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 39 - nays 0) [Yeas and Nays No. 264]:

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

Messrs. Lees, Tisei, Tarr, Hedlund, Knapik, Brown and Timilty moved that the bill be amended by inserting, after Section ___, the following new Sections:-

“SECTION ___. Notwithstanding any general or special law to the contrary, for the time from 12:00 a.m. on Monday, May 29, 2006 to 11:59 p.m. on Monday, September 4, 2006, inclusive, an excise shall not be imposed upon the sale of fuel by a distributor or an unclassified importer for transfer into a motor vehicle or into a receptacle from which fuel is supplied by him to his own or other motor vehicles, as defined in section 1 of chapter 64A and section 1 of chapter 64E of the General Laws. 

SECTION ___. Notwithstanding any general or special law to the contrary, for the time from 12:00 a.m. on Monday, May 29, 2006 to 11:59 p.m. on Monday, September 4, 2006, inclusive, a distributor or unclassified importer in the commonwealth shall not add to the sales price or collect from any purchaser an excise upon the sale of fuel by a distributor or an unclassified importer for transfer into a motor vehicle or into a receptacle from which fuel is supplied by him to his own or other motor vehicles, as defined in section 1 of chapter 64A and section 1 of chapter 64E of the General Laws. The commissioner of revenue shall not require any distributor or unclassified importer to collect and pay excise upon such transfers made for the time from 12:00 a.m. on Monday, May 29, 2006 to 11:59 p.m. on Monday, September 4, 2006, inclusive, but any excise erroneously or improperly collected during such period shall be remitted to the department of revenue. 

SECTION ___. Reporting requirements imposed upon distributors and unclassified importers, by law or regulation including, but not limited to the requirements for filing returns required by chapter 64A and 64E of the General Laws, shall remain in effect for sales for the time from 12:00 a.m. on Monday, May 29, 2006 to 11:59 p.m. on Monday, September 4, 2006, inclusive. 

SECTION ___. On June 30, 2006, the commissioner of revenue shall certify to the comptroller the amount of sales tax revenue foregone due to the operation of this act up until that time. The commissioner shall issue a report, detailing by fund the amounts which would have been deposited into each fund listed in section 13 of chapter 64A of the General Laws and section 13 of chapter 64E of the General  Laws, notwithstanding this act, for the period from May 29, 2006 to June 30, 2006, inclusive. The respective amounts so reported by the commissioner shall, within 30 days following such report and without further appropriation, be transferred ratably by the treasurer from the general fund to the respective funds set forth in said section 13 of chapter 64A and said section 13 of chapter 64E; provided, that the total amount of transfers made by the treasurer according to this section shall not exceed $60 million.

SECTION ___. On or before September 30, 2006, the commissioner of revenue shall certify to the comptroller the amount of sales tax revenue foregone due to the operation of this act, since the reporting deadline set forth in section 4 hereof. The commissioner shall issue a report, detailing by fund the amounts which would have been deposited into each fund listed in Section 13 of chapter 64A of the General Laws and section 13 of chapter 64E provided; that the total amount of transfers made by the treasurer according to this section shall not exceed $ 140 million. 

SECTION ___. Notwithstanding any provision of this act to the contrary, the provisions of sections ___, ___ and ___ of this act shall cease to be effective ant any time upon which certification is made by the commissioner of revenue that AAA Southern New England has reported in their daily fuel gauge report that the average price of regular gasoline in Massachusetts has fallen below $1.25 per gallon for at least three consecutive days.

SECTION ___. The commissioner of revenue shall issue instructions or forms, or promulgate rules or regulations, necessary to carry out this act”.
After debate, on motion of Mr. Lees, by  vote of 7 to 19, the amendment was rejected.

Messrs. Lees, Tisei, Tarr, Knapik, Brown, Timilty, Hart, and Ms. Creem moved that the bill be amended by inserting, after Section ___, the following new section:-

“SECTION ___. (a) Notwithstanding any general or special law to the contrary, for the days of August 12, 2006 and August 13, 2006, an excise shall not be imposed upon non-business sales at retail in the commonwealth of tangible personal property, as defined in section 1 of chapter 64H of the General Laws, but for the purposes of this act, tangible personal property shall not include telecommunications, tobacco products subject to the excise imposed by chapter 64C of the General Laws, gas, steam, electricity, motor vehicles, motorboats, meals, or a single item whose price is in excess of $2,500.

(b) Notwithstanding any general or special law to the contrary, for the days of August 12, 2006 and August 13, 2006, a vendor in the commonwealth shall not add to the sales price or collect from any non-business purchaser an excise upon sales at retail of tangible personal property, as defined in section 1 of chapter 64H of the General Laws. The commissioner of revenue shall not require any vendor to collect and pay excise upon sales at retail of tangible personal property purchased on August 12, 2006 and August 13, 2006, but any excise erroneously or improperly collected during the days of August 12, 2006 and August 13, 2006 shall be remitted to the department of revenue. The provisions of this section shall not apply to the sale of telecommunications, tobacco products subject to the excise imposed by chapter 64C of the General Laws, gas, steam, electricity, motor vehicles, motorboats, meals, or any single item whose price is in excess of $2,500.

(c)  Reporting requirements imposed upon vendors of tangible personal property, by law or by regulation, including, but not limited to the requirements for filing returns required by chapter 62C of the General Laws, shall remain in effect for sales for the days of August 12, 2006 and August 13, 2006.

(d) On or before December 31, 2006, the commissioner of revenue shall certify to the comptroller the amount of sales tax revenue forgone due to the operation of this act. The commissioner shall issue a report, detailing by fund the amounts under general and special laws governing the distribution of revenues under chapter 64H of the General Laws which would have been deposited in each fund, notwithstanding this act.

(e) The commissioner of revenue shall issue instructions or forms, or promulgate rules or regulations, necessary to carry out this act”.

After debate, the question on adoption of the amendment was determined by a call of the yeas and the nays at twenty-eight minutes past one o'clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 37 - nays 2) [Yeas and Nays No. 265]:

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

At twenty-eight minutes before two o’clock P.M., at the request of Mr. Lees, for the purpose of a minority party caucus, the President declared a recess; and, at five minutes past four o’clock P.M., the Senate reassembled, the President in the Chair.

Matter Taken Out of the Orders of the Day.

There being no objection, the following matter was taken out of the Orders of the Day and considered as follows:

A message from His Excellency the Governor, returning, with his disapproval of certain sections contained in the engrossed Bill promoting access to affordable, quality, accountable health care (see House, No. 4479, amended), which on Wednesday, April 5, 2006 , had been laid before the Governor for his approbation,— came from the House, in part, several sections having been passed by the House notwithstanding the disapproval of the Governor.

The message (House, No. 4857) was read; and the Senate proceeded to reconsider Section 27, which had been disapproved in accordance with the provisions of the Constitution.

Section 27 (MassHealth Eligibilty) was considered as follows:

“SECTION 27.  Section 16D of said chapter 118E, as so appearing, is hereby amended by adding the following subsection:—

(7)  Notwithstanding subsection (3), a person who is not a citizen of the United States but who is either a qualified alien within the meaning of section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 or is otherwise permanently residing in the United States under color of law shall be eligible to receive benefits under MassHealth Essential if such individual meets the categorical and financial eligibility requirements under MassHealth; provided further that such individual is either age 65 or older, or between age 19 and 64, inclusive, and disabled.  Such individual shall not be subject to sponsor income deeming or related restrictions”.
[Governor having disapproved this section.]

Pending the question on passing Section 27, in concurrence, the objections of His Excellency the Governor to the contrary notwithstanding, the motion to lay the matter upon the table was withdrawn, on motion of Mr. Lees.

After debate, the question on passing Section 27, in concurrence, the objections of His Excellency the Governor to the contrary notwithstanding, was determined by a call of the yeas and nays, as required by Chapter I, Section I, Article II, of the Constitution, at twenty-seven minutes before five o’clock P.M., as follows, to wit (yeas 34 — nays 5) [Yeas and Nays No. No. 266]:

The yeas and nays having been completed at twenty-four minutes before five o’clock P.M., Section 27, stands, in concurrence, notwithstanding the objections of His Excellency the Governor, two-thirds of the members present and voting having approved the same.

Papers from the House

Engrossed Bill -- Land Taking for Conservation, Etc.

Mr. Nuciforo in the Chair, an engrossed Bill authorizing the town of Canton to grant  certain easements (see House, No. 4948, amended) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,-- was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at twenty-two  minutes before five o'clock P.M., as follows, to wit (yeas 38 -nays 1) [Yeas and Nays No. No. 267]:

The yeas and nays having been completed at eighteen minutes before five o'clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the Acting President (Mr. Nuciforo) and laid before the Governor for his approbation.

Engrossed Bill Returned by Governor With His Objections Thereto.

The engrossed Bill relative to authorizing the town of Westborough to grant an additional license for the sale of wines and malt beverages not to be drunk on the premises  (see House, No. 4559), which, on Thursday, February 23, 2006 , had been laid before His Excellency the Governor for his approbation,— came from the House the same having been returned by His Excellency the Governor, with his objections thereto in writing, [for message, see House, No. 4717] and having passed that branch, notwithstanding said objections.

The message (House, No. 4717) was read; and the Senate proceeded to reconsider the bill, in accordance with the provisions of the Constitution.

The question on passing the bill, in concurrence, the objections of His Excellency the Governor to the contrary notwithstanding, was determined by a call of the yeas and nays, as required by Chapter I, Section I, Article II, of the Constitution, at sixteen minutes before five o’clock P.M., as follows, to wit (yeas 35 — nays 4) [Yeas and Nays No. No. 268]:

The yeas and nays having been completed at twelve minutes before five o’clock, the bill was passed by the Senate, notwithstanding the objections of His Excellency the Governor, two-thirds of the members present and voting having approved the same. 

 Orders — Adopted.

Mr. Tarr presented an Order relative to creating a special joint committee on rain storm and flood recovery for the purpose of studying issues arising from the extraordinary rain and flooding events occurring in May 2006 in the Commonwealth (Senate, No. 2561), -- and the same was referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

Subsequently, Mr. Buoniconti, for the said committees, reported, recommending that the order ought to be adopted.
The rules were suspended, on motion of Mr. Tarr, and the order was considered forthwith; and, after remarks, it was adopted.
Sent to the House for concurrence.

Mr. Barrios offered the following order, to wit:

Ordered, That notwithstanding the provisions of Joint Rule 10, the committee on Public Safety and Homeland Security be granted until May 14, 2006 within which to make its final report on current Senate documents numbered 1334 and 1338, relative to public safety.

Under the rules, referred to the committees on Rules of the two Branches, acting concurrently.
Subsequently, Mr. Buoniconti, for the said committees, reported, recommending that the order ought to be adopted.
The rules were suspended, on motion of Mr. Tarr, and the order was considered forthwith; and it was adopted.
Sent to the House for concurrence.

Matter Taken Out of the Orders of the Day.

There being no objection, the following matter was taken out of the Orders of the Day and considered as follows:

The House Bill relative to betterment assessments in the town of Marion (House, No. 4201, amended),-- was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act regulating betterment assessments in the town of Marion”.

Papers from the House.

Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4990) of Ronald Mariano and Andrea F, Nuciforo, Jr., relative to home service contracts under the jurisdiction of the commissioner of Insurance;
Under suspension of Joint Rule 12, to the committee on Financial Services.

Petition (accompanied by bill, House, No. 4991) of Martin J. Walsh and others for legislation to place certain employee of the Turnpike and of the toll roads, bridges and tunnels of the Commonwealth in Group 2 of the public employees retirement law; and

Petition (accompanied by bill, House, No. 4992) of John P. Fresolo and others for legislation to include certain steelworkers employed by the Turnpike Authority in Group 2 of the public employees retirement law;
Severally, under suspension of Joint Rule 12, to the committee on Public Service.

Orders of the Day.

The Orders of the Day were further considered as follows:-

The House Bill making appropriations for the fiscal year 2007 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. 4901),-- was further considered, the main question being on ordering it to a third reading.

Messrs. Lees, Tarr and Brown moved that the bill be amended by inserting, after Section ____, the following new Section:-

“Section___.  Chapter 64C of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after section 10 the following new section:-

Section 10A.  Online Cigarette Sales.

It is unlawful for any public or private postal or package delivery service to knowingly deliver a tobacco product to a person under the age of 18 years. A tobacco product shall not be accepted for delivery by such a package delivery service if the package does not have affixed thereto a label which plainly and visibly states that the package contains tobacco and that it is not for delivery to any person under age 18. Any public or private postal or package delivery service that knowingly delivers a tobacco product directly to a purchaser shall:     

(a). Deliver solely to the purchaser at the address given by the purchaser as specified on a valid Massachusetts driver’s license, passport, state issued identification, United States military identification, or immigration card.

          (b). Require the signature of the purchaser.

          (c). Receive and inspect the identification of the purchaser showing the purchaser's date of birth to verify that he is 18 years of age or older.

          (d). Receive an attestation from the purchaser, on a form prepared by the delivery service, certifying that the information on the identification required under subsection (a) of this section truly and correctly identifies the purchaser, his current address and age. The certification shall be retained on file by the distributor for no less than one year.

          (e). Submit a copy of the invoice for each delivered package to the Department of Revenue which shall ensure that the appropriate excise taxes are paid thereon. To be accepted by the delivery service, each invoice shall include the name and address of the purchaser, the brand, and the type and quantity of tobacco.

Any person who delivers a tobacco product in violation of this act shall be fined no less than $250 or more than $1,000 for each offense. A person who falsely certifies information required by this act shall be fined no less than $100 or more than $500 for each offense”.

After remarks, the question on adoption of the amendment was determined by a call of the yeas and the nays at a quarter past five o'clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 39 - nays 0) [Yeas and Nays No. 269]:

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

Messrs. Lees and Knapik moved that the bill be amended in section 2, in item 8100-0000 by inserting at the end thereof the following:- “; provided further, that there shall be a study of the number of traffic citations written by state police officers in each measured mile of Massachusetts highways, including those operated by the Massachusetts Turnpike Authority”.

After remarks, the question on adoption of the amendment was determined by a call of the yeas and the nays at twenty-two minutes past five o'clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 38 - nays 1) [Yeas and Nays No. 270]:

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

Suspension of Senate Rule 38A.

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

At a half past five o’clock P.M. , at the request of Mr. Lees, for the purpose of a minority party caucus, the President declared a recess; and, at twenty-four minutes past seven o’clock P.M. , the Senate reassembled, the President in the Chair.

Orders of the Day.

The Orders of the Day were further considered as follows:-

The House Bill making appropriations for the fiscal year 2007 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. 4901),-- was further considered, the main question being on ordering it to a third reading.
There being no objection, the following amendments were considered as one and adopted, to wit:

Messrs. Pacheco, Brown and Tarr moved that the bill amended in section 2, in item 1775-0100, by striking out the figure "$2,061,364" and inserting in place thereof the following figure:  "$2,124,565".
The amendment was adopted.

Messrs. Berry and Tarr moved that the bill be amended in Section 98, by inserting at the end thereof the following:-

“The Inspector General shall also expend not less than $1,450,000 of the remaining funds appropriated in chapter 240 of the acts of 2004 for a study on the prevention and prosecution of Medicaid fraud.  The study shall include a technical analysis and audit of clinical and financial data related to claims and payments including all the various disciplines of current Medicaid programs.  The study shall review the programs and procedures utilized by various state agencies to prevent fraud and abuse and file a report with the House and Senate Ways and Means Committees and the Office of the State Auditor by April 1, 2007 recommending parameters, policies and procedures and a baseline analysis of any abuse of claims for a comprehensive and coordinated program for the prevention and prosecution of fraud waste and mismanagement and the recovery of unlawful payments”.
The amendment was adopted.

Mr. Berry moved that the bill amended in section 2, in item in item 7004-0099  by striking the figure $8,262,633 and inserting in place thereof the following  figure:- “$8,287,633”; and in item 7004-0099 by adding at the end thereof the following:- “Provided further, that not less than $25,000 shall be expended for the Beverly Affordable Housing Coalition”.
The amendment was adopted.

Mr. Pacheco moved that the bill be amended by inserting, after Section ___, the following new Section: -

“SECTION ___. There shall be a state procurement advisory board in FY 2007 that shall consist of eight members including: the State Purchasing Agent and Deputy State Purchasing Agent; and 6 members appointed by the governor, 2 of whom shall be from a Massachusetts business with fewer than 10 employees, 2 of whom shall be from a Massachusetts business with between 10 and 50 employees, and 2 of whom shall be from a Massachusetts business with more than 50 employees. The composition of the 6 member board will include, at least 1 business that holds contracts with another state government, 1 business that is a current statewide contractor and 1 business that is SOMWBA certified.

The advisory board shall review the process of state procurement of goods and services and make recommendations to reduce the administrative burden on bidders, including but not limited to reduction of paperwork, facilitation of internet procurements, and education on the statewide contract process.  In reviewing existing procurement processes and making recommendations about potential reforms, the advisory board shall consider the benefit of removing administrative burdens and opportunities for maximizing savings to the commonwealth.

The advisory board shall be chaired by the state purchasing agent and shall meet not less than two times prior to issuing a report, with recommendations if necessary, to the senate committee on ways and means and the senate committee on post audit and oversight. The report shall be filed no later than July 1, 2007”.
The amendment was adopted.

Messrs. Berry and Joyce, Ms. Chandler and Ms. Creem moved that the bill amended by inserting, after Section 104, the following new Section:-

“SECTION___.  Chapter 32A of the General Laws is hereby amended by inserting after section 17H the following new section:

  Section 17I. (a) The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for prosthetic devices and repairs under the same terms and conditions that apply to other durable medical equipment covered under the policy, except as otherwise provided in this section.

(b)In this section, "prosthetic device" means an artificial limb device to replace, in whole or in part, an arm or leg.

(c)Such coverage shall not impose any annual or lifetime dollar maximum on coverage for prosthetic devices other than an annual or lifetime dollar maximum that applies in the aggregate to all items and services covered under the policy.

(d)Such coverage shall not apply amounts paid for prosthetic devices to any annual or lifetime dollar maximum applicable to other durable medical equipment covered under the policy other than an annual or lifetime dollar maximum that applies in the aggregate to all items and services covered under the policy.

(e)Such coverage may include a reasonable co-insurance requirement for prosthetic devices and repairs, not to exceed 20% of the allowable cost of the prosthetic device or repair.  If the health policy provides coverage for services from nonparticipating providers, the policy may include a reasonable co-insurance requirement for prosthetic devices and repairs, not to exceed 40% of the allowable cost of the device or repair when obtained from a nonparticipating provider.

(f)Such coverage may require prior authorization as a condition of coverage for prosthetic devices. 

SECTION 2. Chapter 175 of the General Laws is hereby amended by inserting after section 47T the following new section:

Section 47U. (a) Any blanket or general policy of insurance, except a blanket or general policy of insurance which provides supplemental coverage to Medicare or other governmental programs, described in subdivision (A), (C) or (D) of section one hundred and ten which provides hospital expense and surgical expense insurance and which is issued or subsequently renewed by agreement between the insurer and the policy holder, within or without the commonwealth, during the period this provision is effective, or any policy of accident or sickness insurance as described in section one hundred and eight which provides hospital expense and surgical expense insurance, except a policy which provides supplemental coverage to Medicare or other governmental programs, and which is delivered or issued for delivery or subsequently renewed by agreement between the insurer and the policy holder in the commonwealth, during the period that this provision is effective, or any employees' health and welfare fund which provides hospital expense and surgical expense benefits and which is promulgated or renewed to any person or group of persons in the commonwealth, while this provision is effective, shall provide coverage for prosthetic devices and repairs under the same terms and conditions that apply to other durable medical equipment covered under the policy, except as otherwise provided in this section.

(b)In this section, "prosthetic device" means an artificial limb device to replace, in whole or in part, an arm or leg.

(c)Any such policy as described in this section shall not impose any annual or lifetime dollar maximum on coverage for prosthetic devices other than an annual or lifetime dollar maximum that applies in the aggregate to all items and services covered under the policy.

(d)Any such policy as described in this section shall not apply amounts paid for prosthetic devices to any annual or lifetime dollar maximum applicable to other durable medical equipment covered under the policy other than an annual or lifetime dollar maximum that applies in the aggregate to all items and services covered under the policy.

(e)Any such policy as described in this section may include a reasonable co-insurance requirement for prosthetic devices and repairs, not to exceed 20% of the allowable cost of the prosthetic device or repair.  If such policy provides coverage for services from nonparticipating providers, the contract may include a reasonable co-insurance requirement for prosthetic devices and repairs, not to exceed 40% of the allowable cost of the device or repair when obtained from a nonparticipating provider.

(f)Any such policy may require prior authorization as a condition of coverage for prosthetic devices.  

SECTION 3.Chapter 176A of the General Laws is hereby amended by inserting after section 8T the following new section:

Section 8U. (a) A contract between a subscriber and the corporation under an individual or group hospital service plan which provides hospital expense and surgical expense insurance, except contracts providing supplemental coverage to Medicare or other governmental programs, delivered, issued or renewed by agreement between the insurer and the policyholder, within or without the commonwealth, shall provide benefits to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment within the commonwealth for coverage for prosthetic devices and repairs under the same terms and conditions that apply to other durable medical equipment covered under the contract, except as otherwise provided in this section.

(b)In this section, "prosthetic device" means an artificial limb device to replace, in whole or in part, an arm or leg.

(c)Any such contract as described in this section shall not impose any annual or lifetime dollar maximum on coverage for prosthetic devices other than an annual or lifetime dollar maximum that applies in the aggregate to all items and services covered under the contract.

(d)Any such contract as described in this section shall not apply amounts paid for prosthetic devices to any annual or lifetime dollar maximum applicable to other durable medical equipment covered under the policy other than an annual or lifetime dollar maximum that applies in the aggregate to all items and services covered under the contract.

(e)        Any such contract as described in this section may include a reasonable co-insurance requirement for prosthetic devices and repairs, not to exceed 20% of the allowable cost of the prosthetic device or repair.  If the contract provides coverage for services from nonparticipating providers, the contract may include a reasonable co-insurance requirement for prosthetic devices and repairs, not to exceed 40% of the allowable cost of the device or repair when obtained from a nonparticipating provider.

(f)Any such contract may require prior authorization as a condition of coverage for prosthetic devices. 

SECTION 4.Chapter 176B of the General Laws is hereby amended by inserting after section 4R the following new section:

Section 4S. (a) Any subscription certificate under an individual or group medical service agreement, except certificates which provide supplemental coverage to Medicare or other governmental programs, that shall be delivered, issued or renewed within the commonwealth shall provide, as benefits to all individual subscribers or members within the commonwealth and to all group members having a principal place of employment within the commonwealth, coverage for prosthetic devices and repairs under the same terms and conditions that apply to other durable medical equipment covered under the policy, except as otherwise provided in this section.

(b)In this section, "prosthetic device" means an artificial limb device to replace, in whole or in part, an arm or leg.

(c)Any such certificate as described in this section shall not impose any annual or lifetime dollar maximum on coverage for prosthetic devices other than an annual or lifetime dollar maximum that applies in the aggregate to all items and services covered under the certificate.

(d)Any such certificate as described in this section shall not apply amounts paid for prosthetic devices to any annual or lifetime dollar maximum applicable to other durable medical equipment covered under the certificate other than an annual or lifetime dollar maximum that applies in the aggregate to all items and services covered under the certificate.

(e)Any such certificate as described in this section may include a reasonable co-insurance requirement for prosthetic devices and repairs, not to exceed 20% of the allowable cost of the prosthetic device or repair.  If the certificate provides coverage for services from nonparticipating providers, the contract may include a reasonable co-insurance requirement for prosthetic devices and repairs, not to exceed 40% of the allowable cost of the device or repair when obtained from a nonparticipating provider.

(f)Any such certificate may require prior authorization as a condition of coverage for prosthetic devices. 

SECTION 5.Chapter 176G of the General Laws is hereby amended by inserting after section 4Q the following new section:

Section 4R. (a) Individual and group health maintenance contracts shall provide coverage for prosthetic devices and repairs under the same terms and conditions that apply to other durable medical equipment covered under the contracts, except as otherwise provided in this section.

(b)In this section, "prosthetic device" means an artificial limb device to replace, in whole or in part, an arm or leg.

(c)A health maintenance contract shall not impose any annual or lifetime dollar maximum on coverage for prosthetic devices other than an annual or lifetime dollar maximum that applies in the aggregate to all items and services covered under the contract.

(d)A health maintenance contract shall not apply amounts paid for prosthetic devices to any annual or lifetime dollar maximum applicable to other durable medical equipment covered under the contract other than an annual or lifetime dollar maximum that applies in the aggregate to all items and services covered under the contract.

(e)A health maintenance contract may include a reasonable co-insurance requirement for prosthetic devices and repairs, not to exceed 20% of the allowable cost of the prosthetic device or repair.  If the health maintenance contract provides coverage for services from nonparticipating providers, the contract may include a reasonable co-insurance requirement for prosthetic devices and repairs, not to exceed 40% of the allowable cost of the device or repair when obtained from a nonparticipating provider.

(f)A health maintenance contract may require prior authorization as a condition of coverage for prosthetic devices. 

SECTION 6.  This act shall apply to all policies, contracts, agreements, plans or certificates of insurance issued or delivered within commonwealth on or after July 1, 2006, and to all policies, contracts, agreements, plans or certificates of insurance in effect before July 1, 2006 upon renewal on or after July 1, 1, 2006”.
The amendment was adopted.

Ms. Fargo, Messrs. Brown, Tarr, Montigny, Ms. Resor and Ms. Tucker moved that the bill be amended by inserting after Section 21 of the outside sections the following new section:-

SECTION 21A.  Section 6 of chapter 62 of the General Laws, as appearing in the 2004 Official Edition, is amended by adding after the figure “$750” as so appearing at the end of paragraph (2) the following text:- “; except, in the event that the taxpayer’s total income does not exceed 50 percent of the income limitation as applicable to the taxpayer under clause (i) of paragraph (3) of this subsection, as increased under paragraph (4) of this subsection, then such amount to which the real estate tax payment or the rent constituting real estate tax payment exceeds the taxpayer’s total income shall be calculated based on 8 ˝ percent of such total income”.
The amendment was adopted.

Mr. Barrios moved that the bill amended by inserting, after section 104, the following new section:-

“SECTION ___. Pursuant to a request by the Board of Alderman and the Common Council of Everett, in compliance with section three b of chapter eighty-five of the Massachusetts General Laws, the portion of the Everett Route 16 Ramp, from Santili Circle to General Sweetzer Circle shall now be named “Krystyl’s Way”, in honor of Krystyl Poirier who lost her life in a tragedy at the hands of a drunk driver in Everett on Saturday, April 8, 2006”.
The amendment was adopted.

Messrs. Barrios and Tarr moved that the bill be amended in section 2, in item 4000-0500 by inserting after the phrase “acts of 2006” the following:- provided further, MGL Chapter 7, Section 56 and Sec. 681 of Chapter 26 of the Acts of 2003 shall pertain to all monies dispersed from this line item.
The amendment was adopted.

Mr. Barrios moved that the bill be amended by inserting after section 104 the following section:- Notwithstanding any general or special law to the contrary, for the purpose of developing an innovative, kosher, skilled nursing facility in the city of Chelsea, and that has been designated to develop an urban, “Greenhouse Program” nursing home facility in said city, is hereby granted a Determination of Need for 100 new skilled nursing facility beds; provided, that the construction of said beds shall be assigned a maximum capital expenditure consistent with the Greenhouse Program, as determined by the Department of Public Health, and shall be entitled to reimbursements for said capital expenditures as determined  by the Division of Health Care Finance & Policy.
The amendment was adopted.

Messrs. Barrios, Augustus, Antonioni and Buoniconti, Ms. Chandler, Ms. Creem, Mr. Havern, Ms. Jehlen, Messrs. Joyce, Knapik, Lees and McGee, Ms. Resor, Ms. Spilka, Messrs. Tisei, Tolman, and Rosenberg moved that the bill be amended in section 2, in item 4590-0250, by striking out the words “governor’s commission on gay and lesbian youth” and inserting in place thereof the following words:- “commission on gay and lesbian youth established by section 67 of chapter 3 of the General Laws”; in said section 2, in item 7010-0005, by striking out the words “Governor’s Commission on Gay and Lesbian Youth” and inserting in place thereof the following words:- “commission on gay and lesbian youth established by section 67 of chapter 3 of the General Laws”; by inserting after section 3 the following section:-

“SECTION 3A.  Chapter 3 of the General Laws is hereby amended by adding the following section:-

Section 67.  (a)  There shall be a permanent commission on gay and lesbian youth, which shall consist of 27 persons as follows: 3 persons appointed by the Massachusetts Chapter of the National Association of Social Workers, 3 persons appointed by the Massachusetts Coalition for Suicide Prevention, 2 persons appointed by the Fenway Community Health Center, 4 persons appointed by the Greater Boston Parents, Families and Friends of Lesbians and Gays, 2 persons appointed by the Massachusetts Gay and Lesbian Political Caucus, 1 person appointed by MassEquality, 1 persons appointed by the Massachusetts Teachers Association, 1 persons appointed by the Massachusetts Federation of Teachers, 3 persons appointed by the Massachusetts Chapter of the American Academy of Pediatricians, 2 persons appointed by the Gay, Lesbian and Straight Education Network of Boston, 2 persons appointed by the Massachusetts Public Health Association, and 3 persons appointed by the Association of School Superintendents.  The membership of the commission shall include at least 1 parent of a gay or lesbian person; 1 high school student; 1 college student; 1 representative from an educational institution; and 1 representative of the mental health professions.  Members of the commission shall be drawn from diverse racial, ethnic, religious, age, sexual-orientation and socio-economic backgrounds from throughout the commonwealth. Members shall be subject to chapter 268A as it applies to special state employees. The commission shall be an independent agency of the government of the commonwealth and shall not be subject to the control of any other department or agency.

(b)(1) Members shall serve terms of 2 years and until their successors are appointed.

(2) Vacancies in the membership of the commission shall be filled by the original appointing authority for the balance of the unexpired term.

(3) Appointments shall be made in consultation with gay and lesbian organizations. Nominations shall be solicited between August 1 and November 1 of each year through an open application process using a uniform application that is widely distributed throughout the state.

(4) The commission shall elect from among its members a chair annually.  The chair of the commission may designate on an annual basis 1 or more commission members as vice-chairs of the commission, and may appoint on an annual basis members of the commission as chairs of advisory committees on high school education, higher education, human services and youth.  The chair of the commission may create other advisory committees as needed after consultation with the commission.

(5) The members of the commission shall receive no compensation for their services, but shall be reimbursed for any usual and customary expenses incurred in the performance of their duties.

(c) The commission shall investigate the use of resources from both the public and private sectors to enhance and improve the ability of state agencies to provide services to gay and lesbian youth.  In furtherance of that responsibility, the commission shall: (1) work in partnership with the department of education and the department of public health to create school-based and community-based programs focusing on suicide prevention, violence intervention, and the promotion of zero-tolerance policies regarding harassment and discrimination against gay and lesbian youth; and (2) make recommendations about policies and programs supporting gay and lesbian youth on an ongoing basis to the department of education, the department of public health and the executive office of health and human services.  The commission shall annually, on or before June 2, report the results of its findings and activities of the preceding year and make recommendations relating to the concerns of gay and lesbian youth to the governor and to the clerks of the senate and house of representatives.

(d) The powers of the commission shall include but not be limited to the following: (1) to use voluntary and uncompensated services of private individuals, agencies and organizations that may from time to time be offered and needed; (2) to recommend policies and make recommendations to agencies and officers of the commonwealth and local subdivisions of government to effectuate the purposes of subsection (c); (3) to select an executive director and to acquire adequate staff to perform its duties, subject to appropriation; (4) to establish and maintain such offices as it may deem necessary, subject to appropriation; (5) to enact bylaws for its own governance; (f) to appoint members to regional chapters of the commission; and (6) to hold regular, public meetings and to hold fact-finding hearings and other public forums as it may deem necessary.

(e)(1) The commission may request from all state agencies such information and assistance as the commission may require.

(2) The commission may accept and solicit funds, including any gifts, donations, grants or bequests or any federal funds, for any of the purposes of this section. These funds shall be deposited in a separate account with the state treasurer, be received by the treasurer on behalf of the commonwealth, and be expended by the commission in accordance with law”.; and by inserting after section 103 the following section:-

 “SECTION 103A.  Notwithstanding section 67 of chapter 3 of the General Laws, until January 1, 2007, the commission on gay and lesbian youth established by said section 67 of said chapter 3 shall consist of the members of the governor’s commission on gay and lesbian youth on the effective date of this act.
The amendment was adopted.

Mr. Havern moved that the bill amended by inserting at the end thereof the following new Section :-

“SECTION____. Paragraph (a) of section 12 of chapter 372 of the acts of 1984, is hereby amended by striking out the fifth sentence, as appearing in section 1 of chapter 83 of the acts of 2001, and inserting in place thereof the following sentence:- The aggregate principal amount of all bonds issued under authority of this act shall not exceed $6,100,000,000 outstanding at any one time; provided, however, that bonds for the payment of redemption of which, either at or prior to maturity, refunding bonds shall have been issued shall be excluded in the computation of outstanding bonds.

Section 2.  Section 16 of said chapter 372 is hereby amended by striking out the fourth sentence, as appearing in section 2 of said chapter 83, and inserting in place thereof the following sentence:- The aggregate principal amount of all bonds issued under the authority of this act shall not exceed $6,100,000,000 outstanding at any one time; provided, however, that bonds for the payment of redemption of which, either at or prior to maturity, refunding bonds shall have been issued shall be excluded in the computation of outstanding bonds”.
The amendment was adopted.

Mr. Pacheco moved that the bill be amended in section 2, in item  2200-0100 by adding at the end thereof  after the word “supply” the following wording:- “provided further that not less than $100,000 be expended for DEP pump testing at the Cole property site for a municipal water supply for the Town of Carver .….$32,030,671”.
The amendment was adopted.

Mr. Brewer moved that the bill amended in section 2, in item 2800-0100, by adding at the end thereof the following:- “; provided further, that not less than $25,000 shall be appropriated for the Orange River Front Park Project;”; and by striking the figure “20,485,304” and inserting in place thereof the following:- “$20,510,304”.
The amendment was adopted.

Mr. Moore moved that the bill amended in section 2, in item 2200-0100, by inserting at the end therein the following:-“provided further that not less than $15,000 shall be provided to the Town of Blackstone for emergency water contamination services”.; and by striking the figure, "$31,930,671" and replacing therein the following figure:- $31,945,671.
The amendment was adopted.

Mr. Moore moved that the bill be amended in section 2, in item 2200-0100 by adding at the end thereof, the following:-“provided further, that $168,000 shall be expended for sediment control in Lake Webster;”; and by striking the figure, "$31,930,671" and replacing therein the following figure:- $32,098,671.
The amendment was adopted.

Messrs. Tarr and Montigny moved that the bill be amended in section 2, in item 7007-0515 by inserting after the words “Fisheries Recovery Commission” the following:- “, not less than $60,000 of which shall be expended for the continuation of a socio-economic study and analysis of the commonwealth's fishing industry”.
The amendment was adopted.

Mr. Pacheco moved that the bill be amended in section 2, in item 2800-0101, by striking out the words “the executive office of environmental affairs ‘Proposal for Watershed Work Affecting Water Quality-Wastewater Quality-Wastewater Discharges and Stormwater Discharges’, dated February 11, 2003,” and inserting in place thereof the following words:-  "Scope of Work: Taunton River Comprehensive Water Management Plan”, dated May 1, 2006”
The amendment was adopted.

Mr. Brown moved that the bill amended in section 2, in item 2800-0101, in line 6 by inserting after “the bureau of forestry development “the following words:- “and provided further, that not less than $25,000 shall be awarded as a one-time grant to the Dudley Pond Association in Wayland to fund the expense of removing the invasive weed Eurasian Milfoil from the pond”; and in said item by striking out the figures “2,349,209 “ and inserting in place thereof the figures “2,374,209“.
The amendment was adopted.

Ms. Resor, Ms. Jehlen, Mr. Tarr, Ms. Chandler, Messrs. Tarr, Creedon, Brewer and Rosenberg moved that the bill amended by inserting, after Section 21, the following new Section: -

SECTION 21A.  Subsection (p) of section 6 of chapter 64H of the General Laws, as appearing in the 2004 official edition, is hereby amended by striking clause (3) and inserting in place thereof the following clause:-

(3) sales of fertilizer, including ground limestone, hydrated lime, seed inoculants and plant hormones, as well as other substances commonly regarded in the same category and for the same use, but not including any sales of pesticides, including insecticides, herbicides, fungicides, miticides and all materials registered with the Environmental Protection agency as pesticides under Federal Insecticide, Fungicide and Rodenticide Act as well as other pesticides commonly regarded in the same category and for the same purpose except when purchased by a person licensed pursuant to chapter one hundred thirty-two B; or purchased as an agricultural input which become an ingredient or component part of tangible personal property to be sold or which are consumed and used directly and exclusively in agricultural production, pursuant to section (6)(r) of chapter 64H.
The amendment was adopted.

Messrs. Joyce, Brown and Timilty moved that the bill amended by inserting, after Section 103, the following new Section:-

SECTION 104.  Notwithstanding the provisions of sections 40E to 40K and 52 to 55, inclusive, of chapter 7 of the General Laws, and utilizing such competitive proposal process or processes as said division deems necessary or appropriate, the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, may lease and enter into other agreements, for terms not to exceed 25 years, to one or more proponents, for the Blue Hills Ski Area in Canton, so as to provide for the continued use, operation, maintenance, repair, and improvement of this state-owned recreational facility together with the land and appurtenances associated therewith.

Such lease or other agreement shall be on terms acceptable to the commissioner of the division of capital asset management and maintenance, after consultation with the commissioner of department of conservation and recreation, and, notwithstanding the provisions of any general or special law to the contrary, shall provide for the lessee to operate, manage, improve, repair, and maintain the properties. Any such leases or other arrangements requiring improvements to be made to any portion of the facility may include a description of the initially required improvements and, at minimum, performance specifications.

All consideration received from the lease or other agreement shall be payable to the department of conservation and recreation for deposit into the Blue Hills Reservation Trust Fund in accordance with the provisions of section 34C of chapter 92 of the General Laws. The lessee or recipient of said property shall bear all costs deemed necessary or appropriate by the commissioner of the department of conservation and recreation for the transactions including, without limitation, all costs for legal work, survey, title, and the preparation of plans and specifications.
The amendment was adopted.

Ms. Jehlen, Messrs. Tisei, Tarr, Barrios, Lees, Knapik, Brown and Hedlund moved that the bill amended, in section 93, by striking out subsection (c) and inserting in place thereof the following subsection:--

SECTION 93: “(c) Before the division, in consultation with the department, sends out any request for proposals under this section, the division shall hold open a pre-qualification period of 45 days for cities and towns and youth oriented non-profits that desire to bid on rinks that are listed in this section and are located within the city or town, or for a partnership of municipalities which share geographic boundaries as long the subject rink or rinks are located within the geographic area of the municipalities comprising the partnership. A city, town, youth oriented non-profit or partnership of municipalities that desires to lease a rink under this section may submit materials for prequalification. The pre-qualification determination may consider, but need not be limited to consideration of, the city’s, town's, youth oriented non-profit’s or partnership’s ability to finance the capital improvements determined to be necessary at each rink listed in this section by the division and to manage, operate and maintain the properties. Preference shall be given to the city or town in which the rink is located. The division, in consultation with the department, shall determine whether a city, town, youth oriented non-profit or partnership is pre-qualified within 15 days of the end of the prequalification period. If a city, town, youth oriented non-profit or partnership is determined to be pre-qualified, that city, town, youth oriented non-profit or partnership shall be awarded the lease for that rink under the terms and conditions set forth in this section. If a city, town, youth oriented non-profit or partnership is determined to be pre-qualified, the city, town, youth-oriented non-profit or partnership shall pay consideration for a lease subject to the required capital improvements, performance specifications, and other prequalification requirements and terms of the division and submitted proposal. The length of the lease shall be determined between the division and the city, town, youth oriented non-profit or partnership”. 
The amendment was adopted.

Ms. Walsh moved that the bill be amended by inserting after section ___, the following new section:-

“SECTION ___.    Item 2800-7993 of chapter 238 of the acts of 2000 is hereby amended by adding at the end of said item the following words: provided that not less than $100,000 shall be expended as a reimbursement to the Eileen Patricia Sullivan Roche Foundation”.
The amendment was adopted.

Mr. Joyce moved that the bill amended in section 2, in item 2820-0100, by inserting after the word “Lynn”: “; provided further, that no less then $250,000 shall be expended for the construction of two DCR athletic fields and parking lots at the Nike Site, so-called, in the High Street area in the Town of Randolph”.; and in section 2, in item 2820-0100, by striking out the figure “$24,349,586” and inserting in place thereof “$24,599,586”.
The amendment was adopted.

Messrs. Joyce and Hart moved that the bill be amended in section 2, in item 2820-0100, by inserting after the word “duties”  “; provided further that not less than $75,000 shall be expended for staff and equipment for maintenance and management of the Neponset Reservation including Pope John Paul Park and the Multiuse Trail in Dorchester and Milton”.; and in section 2, in item 2820-0100, by striking out the figure “$5,968,515” and inserting in place thereof “$6,043,515”.
The amendment was adopted.

Ms. Resor and Mr. Timilty moved that the bill amended in section 2, in item 2260-8881 by striking out the figure “$356,933” and inserting in place thereof the figure:- “$370,101”.
The amendment was adopted.

Mr. Hart moved that the bill be amended by inserting, after Section ___, the following new Section: -

“SECTION ____.  Section 1.  Notwithstanding the provisions of sections forty E through forty N, inclusive, of chapter seven of the General Laws or any other general or special law to the contrary, and pursuant to the provisions of Article 97 of the Amendments to the Constitution of The Commonwealth of Massachusetts, the City of Boston, through its Parks and Recreation Commission, is hereby authorized to transfer easement interests in such land to the Massachusetts Water Resources Authority, the Boston Water and Sewer Commission and the Commonwealth of Massachusetts Department of Conservation and Recreation, in accordance herewith.

Section 2. Notwithstanding the provisions of sections forty E through forty N, inclusive, of chapter seven of the General Laws or any other general or special law to the contrary and pursuant to the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, the City of Boston is hereby authorized to grant, for nominal consideration of $1.00, a permanent sewer easement in, through, and under a certain parcel of land known as Moakley Park, located in the South Boston section of the City of Boston and acquired by the City of Boston for park purposes, to the Massachusetts Water Resources Authority, such easement being more particularly described as Parcel “MWRA PE-9” in the document entitled “Grant of Permanent Easement for Sewer Purposes between the City of Boston and the Massachusetts Water Resources Authority” on file with the Massachusetts Water Resources Authority and to be recorded with the Suffolk County Registry of Deeds, for the purposes of the development, construction, installation, operation and maintenance of sewers, together with any necessary structures, facilities and appurtenances as may be needed in connection with the so-called Long Term CSO Control Plan for North Dorchester Bay and the Reserved Channel.

Section 3. Notwithstanding the provisions of sections forty E through forty N, inclusive, of chapter seven of the General Laws or any other general or special law to the contrary and pursuant to the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, the City of Boston is hereby authorized to grant, for nominal consideration of $1.00, two permanent drainage easements in, through, and under a certain parcel of land known as Moakley Park, located in the South Boston section of the City of Boston and acquired by the City of Boston for park purposes, to the Boston Water and Sewer Commission, such easements being more particularly described as Parcels “BWSC-PE-10” and “BWSC-PE-11” in the document entitled “Grant of Permanent Easements for Sewer Purposes between the City of Boston Parks and Recreation Commission and the Boston Water and Sewer Commission” on file with the Massachusetts Water Resources Authority and to be recorded with the Suffolk County Registry of Deeds, for the purposes of the development, construction, installation, operation and maintenance of storm drains, together with any necessary structures, facilities and appurtenances as may be needed in connection with the so-called Long Term CSO Control Plan for North Dorchester Bay and the Reserved Channel.

Section 4. Notwithstanding the provisions of sections forty E through forty N, inclusive, of chapter seven of the General Laws or any other general or special law to the contrary and pursuant to the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, the City of Boston is hereby authorized to grant, for nominal consideration of $1.00, two permanent sewer easement in, through, and under a certain parcel of land known as Moakley Park, located in the South Boston section of the City of Boston and acquired by the City of Boston for park purposes, to the Commonwealth of Massachusetts through its Department of Conservation and Recreation, such easements being more particularly described as Parcels “DCR-PE-8” and “DCRPE-12” in the document entitled “Grant of Permanent Easements for Sewer Purposes between the City of Boston and the Commonwealth of Massachusetts Division of Conservation and Recreation” on file with the Massachusetts Water Resources Authority and to be recorded with the Suffolk County Registry of Deeds, for the purposes of the development, construction, installation, operation and maintenance of storm drains, together with any necessary structures, facilities and appurtenances as may be needed in connection with the so-called Long Term CSO Control Plan for North Dorchester Bay and the Reserved Channel.

Section 5. The Massachusetts Water Resources Authority shall be responsible for all costs associated with any recording, survey, document preparation, plan preparation, or other expenses incurred by the City of Boston, the Boston Water and Sewer Commission or the Commonwealth relating to the grants authorized by this Act.

Section 6.  Notwithstanding the provisions of sections forty E through forty N, inclusive, of chapter seven of the General Laws or any other general or special law to the contrary and pursuant to the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, the Commissioner of Capital Asset Management and Operations acting for and on behalf of the commonwealth is hereby authorized and directed to grant, for nominal consideration of $1.00, two (2) permanent volumetric subsurface sewer easements in, through, and under certain parcels of land located in the South Boston section of the City of Boston, which parcels were acquired by the commonwealth through its Department of Conservation and Recreation as part of the system of metropolitan parks placed under its control for park purposes, to the Massachusetts Water Resources Authority, for the purposes of the development, construction, installation, operation and maintenance of sewers, together with any necessary structures, facilities and appurtenances, including a combined sewer overflow storage tunnel,  as may be needed in connection with the so-called Long Term CSO Control Plan for North Dorchester Bay and the Reserved Channel. Access shall not be made to the permanent subsurface easements from the surface level, except in cases of  emergency as may be  necessary for temporary repair and restoration to service of said sewers, structures, facilities and appurtenances in order to preserve the health and safety of persons or property. Said easements are shown as parcels MWRA-PVE-4 and MWRA-PVE-6 on a plan entitled “Article 97 Easement Plan North Dorchester Bay CSO Storage Tunnel” prepared for the Massachusetts Water Resources Authority, prepared by Bryant Associates, Inc., dated August 8, 2005 and having an area of about 114,485 square feet, 2.6282 acres and 495,496 square feet, 11.3750 acres, respectively. Said parcels are limited vertically from elevation = 50.0 feet to elevation = 110.0 feet, as shown on said plan.  The vertical datum is Massachusetts Water Resources Authority.

Section 7.  Notwithstanding the provisions of sections forty E through forty N, inclusive, of chapter seven of the General Laws or any other general or special law to the contrary and pursuant to the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, the Commissioner of Capital Asset Management and Operations acting for and on behalf of the commonwealth is hereby authorized and directed to grant, for nominal consideration of $1.00, seven (7) permanent sewer easements in, through, and under certain parcels of land located in the South Boston section of the City of Boston, which parcels were acquired by the commonwealth through its Department of Conservation and Recreation as part of the system of metropolitan parks placed under the control for park purposes, to the Massachusetts Water Resources Authority, for the purposes of the development, construction, installation, operation and maintenance of sewers, together with any necessary structures, facilities and appurtenances as may be needed in connection with the so-called Long Term CSO Control Plan for North Dorchester Bay and the Reserved Channel.  Said easements are shown as parcels MWRA-PE-16, MWRA-PE-17, MWRA-PE-18, MWRA-PE-19, MWRA-PE-20, MWRA-PE-21, and MWRA-PE-22 on a plan entitled “Article 97 Easement Plan North Dorchester Bay CSO Storage Tunnel” prepared for the Massachusetts Water Resources Authority, prepared by Bryant Associates, Inc., dated August 8, 2005 and having an area of about 4,154 square feet, 12,249 square feet, 4,525 square feet, 12,917 square feet, 706 square feet, 2,569 square feet, and 18,368 square feet, respectively.

Section 8.  Notwithstanding the provisions of sections forty E through forty N, inclusive, of chapter seven of the General Laws or any other general or special law to the contrary and pursuant to the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, the Commissioner of Capital Asset Management and Operations acting for and on behalf of the commonwealth is hereby authorized and directed to grant, for nominal consideration of $1.00, a permanent sewer easement in, through, and under a certain parcel of land located in the South Boston section of the City of Boston, which parcels were acquired by the commonwealth through its Department of Conservation and Recreation as part of the system of metropolitan parks placed under the control for park purposes, to the Boston Water and Sewer Commission, for the purposes of the development, construction, installation, operation and maintenance of storm drains, together with any necessary structures, facilities and appurtenances, as may be needed in connection with the so-called Long Term CSO Control Plan for North Dorchester Bay and the Reserved Channel, said easement being shown as parcel BWSC-PE-14 on a plan entitled “Article 97 Easement Plan North Dorchester Bay CSO Storage Tunnel” prepared for the Massachusetts Water Resources Authority, prepared by Bryant Associates, Inc., dated August 8, 2005 and having an area of about 591 square feet, 0.0136 acres.

Section 9.  The Massachusetts Water Resources Authority shall be responsible for all costs associated with any recording, survey, document preparation, plan preparation, or other expenses incurred by the City of Boston, the Boston Water and Sewer Commission or the Commonwealth relating to the grants authorized by this Act”.
The amendment was adopted.

Messrs. Brewer and Timilty, Ms. Tucker, Mr. Creedon and Ms. Resor moved that the bill amended in section 2, in item 2000-9900, by striking out the figures “289,422” and inserting in place thereof the figures “455,677”.
The amendment was adopted.

Mr. Tolman moved that the bill be amended in Section 93 by striking out the following:- “Reilly memorial rink, Brighton district, Boston;”.
The amendment was adopted.

Mr. O'Leary moved that the bill be amended by inserting, after Section __, the following new Section:-

“SECTION__. Section 6 of chapter 29C of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the words “2 per cent”, in line 34, the following words:- “ , provided that all permanent loans and other forms of financial assistance made by the trust to finance the costs of water pollution abatement projects on the department’s intended use plan for calendar year 2007 and any subsequent calendar year that are undertaken by municipalities with a commonwealth capital score, as determined by the commonwealth development coordinating council established by section 8B of chapter 6A. of not less than 70 at the date of publication of such intended use plan (and which are determined by such council to be consistent with the commonwealth’s sustainable development policies) or for projects that address a regional wastewater issue, shall provide for a subsidy or other assistance in the payment of debt service such that such loans and other forms of financial assistance shall be the financial equivalent of a loan made at a zero rate of interest, and provided further that the costs of water pollution abatement projects on any such intended use plan that are eligible for a permanent loan or other financial assistance from the trust at the financial equivalent of a loan made at a zero rate of interest shall not exceed 20% of the total costs of all water pollution abatement projects on such intended use plan”.

SECTION __Section 18 of said chapter 29C, as so appearing, is hereby amended by inserting after the words “2 per cent”, in line 31, the following words:- “, provided that all permanent loans and other forms of financial assistance made by the trust to finance the costs of water pollution abatement projects on the department’s intended use plan for calendar year 2007 and any subsequent calendar year that are undertaken by municipalities with a commonwealth capital score, as determined by the commonwealth development coordinating council established by section 8B of chapter 6A. of not less than 70 at the date of publication of such intended use plan (and which are determined by such council to be consistent with the commonwealth’s sustainable development policies) or for projects that address a regional wastewater issue, shall provide for a subsidy or other assistance in the payment of debt service such that such loans and other forms of financial assistance shall be the financial equivalent of a loan made at a zero rate of interest, and provided further that the costs of water pollution abatement projects on any such intended use plan that are eligible for a permanent loan or other financial assistance from the trust at the financial equivalent of a loan made at a zero rate of interest shall not exceed 20% of the total costs of all drinking water projects on such intended use plan”.
The amendment was adopted.

Ms. Wilkerson moved that the bill amended in section 2, in item 2820-0100 by inserting after the words “infrastructure repair” the following: - “and horticulturalist personnel”. 
The amendment was adopted.

Messrs. Brewer, Morrissey, and O’Leary moved that the bill be amended by inserting after Section 55 the following section:-

“Section 55A.Item 2300-2016 of said chapter 236 is hereby amended by striking out the figure “3,500,000” and inserting in place thereof the following figure “8,500,000”; and in section 60 by striking the figure “763,828,784” and inserting in place thereof the following figure:- “768,828,784”.
The amendment was adopted.

Messrs. Tarr and O'Leary moved that the bill be amended in section 2, in item 2030-1000 by inserting after the words “item 2030-1000;” the following:- “ provided further that not less than $18,000 shall be expended for patrols related to enforcement of shellfish bed closures caused by the presence of ‘red tide,’ so-called;”; by striking the figure “$10,554,604” and inserting in place thereof the following new figure:- “$10,572,604”.
The amendment was adopted.

Messrs. Augustus, O'Leary, Panagiotakos, Brown, Moore, Tarr, Timilty, and Tarr moved that the bill amended in section 2, in item  22100-0100 by adding after the words “regional water supply” the following:- There is hereby established in the Office of Commonwealth Development a Water Management Act Blue Ribbon Panel, whose members shall be appointed by the Chief of the Office of Commonwealth Development and which shall include balanced representation from the Executive Office of Environmental Affairs, Department of Environmental Protection, Office of Commonwealth Development, Massachusetts Municipal Association, Massachusetts Water Works Association, Massachusetts Water Resources Authority, Massachusetts Audubon Society, Trout Unlimited and a local Rivershed or Watershed Association. 

The panel will study the effectiveness of the Department of Environmental Protection’s guidance policy regarding the water management act and will submit a report to the Joint Committee on the Environment, Natural Resources and Agriculture and to the Senate and House Committees on Ways and Means no later then December 31, 2006. 
The amendment was adopted.

Ms. Resor moved that the bill amended in section 2, in item in item 7004-0099 by adding at the end thereof the following:- “;provided, further that not less than $25,000 be expended for Marlborough community Development Corporation”; and  by striking out the figures $8,262,633 and inserting in place thereof the figures $8,287,633.
The amendment was adopted.

Mr. Augustus moved that the bill amended in section 2, in item 7007-0900 after the words “Cranberry Harvest Map” by adding the following:- “provided further that no less then $5,000 be expended for the historical gazebo in the town of Auburn”. 
The amendment was adopted.

Ms. Tucker moved that the bill be amended in section 2, in item 7004-0099 by inserting after the words “town of Hopedale;” the following:- “provided further, that not less than $100,000 shall be expended for Neighbors in Need in Lawrence”. and striking out the figure “$8,262,633” and inserting in place thereof the following figure:-“8,362,633”.   
The amendment was adopted.

Mr. Brewer moved that the bill amended in section 2, in item 7007-0900, by adding at the end thereof the following:- “; provided further, that not less than $25,000 shall be expended for the Central Quabbin Area Tourism and Visitors Center;”.
The amendment was adopted.

Mr. Brewer moved that the bill amended in section 2, in item 7007-0900, by adding at the end thereof the following:- “; provided further, that not less than $25,000 shall be expended for the Phillipston Historical Society;”.
The amendment was adopted.

Ms. Menard moved that the bill amended in section 2, in item 7007-0900 by inserting after the words “Cranberry Harvest Map” the following words:- “; provided further, that not less than $8,000 shall be expended for a recreational program in the town of Freetown”.
The amendment was adopted.

Ms. Menard and Mr. Montigny moved that the bill be amended in section 2, in item 7007-0900 by inserting after the words “City Stage” the following words:- “; provided further, that not less than $185,000 shall be expended for the International Trade Assistance Center in Fall River”.
The amendment was adopted.

Mr. Tarr moved that the bill be amended in section 2, in item 7007-0900 by inserting after the words “Cranberry Harvest Map” the following:- “provided further, that not less than $40,000 shall be expended from this item for the purpose of the operation and the promotion of the Ipswich Shuttle Bus service;”.
The amendment was adopted.

Ms. Menard moved that the bill amended by inserting, after Section 104, the following new Section: -

“Section 105.  There is hereby established a special legislative commission on the issuance, reissuance, sale and resale of tickets in the Commonwealth.  Said commission shall consist of the Chairs of the Joint Legislative Committee on Consumer Protection and Professional Licensure, the Chairs of the Joint Legislative Committee on Community Development and Small Business; one member of the Senate to be appointed by the Senate Minority Leader, and one member of the House to be appointed by the House Minority Leader.

Said commission shall conduct public hearings to examine the issues pertaining to the issuance, reissuance, sale and resale of sports and entertainment tickets in the Commonwealth including but not limited to, the issuance, reissuance, sale and resale of tickets by sports franchises in the Commonwealth, the sale and resale of tickets by independent ticket agencies and brokers in the Commonwealth and the sale and resale of tickets in the Commonwealth and outside of the Commonwealth by individuals, ticket agencies, ticket brokers, sports franchises and entertainment venues through the use of the internet or other electronic means, the sale or resale of tickets in the Commonwealth for sports and entertainment events held outside of the Commonwealth and the sale or resale of tickets outside of the Commonwealth for sports and entertainment events held inside of the Commonwealth.  The commission shall also consider the conflict of laws with other states and jurisdictions and the fees, service charges and surcharges associated with the sale and resale of said tickets in the Commonwealth. 

Said commission shall file a report of its findings together with any legislative recommendations to the Clerk of the House of Representatives and the Clerk of the Senate no later than December 6, 2006”.     
The amendment was adopted.

Mr. Lees moved that the bill be amended by inserting after Section ___, the following new sections:-

“SECTION ___.  Notwithstanding any general or special law to the contrary, sections 44A through 44H, inclusive, of chapter 149 of the General Laws, as appearing in the 2004 Official Edition, shall not apply to the construction, repair and maintenance work being performed on the Cottage Avenue Bridge, connecting Ludlow and Wilbraham.

SECTION ___.  The provisions of Section ___ shall expire on July 1, 2007”.
The amendment was adopted.

Messrs. Joyce and Barrios, Ms. Resor, Ms. Jehlen, Messrs. Nuciforo, Augustus and O'Leary, Ms. Spilka, Mr. Antonioni and Ms. Fargo moved that the bill be amended in section 2, in item 7004-9030, by striking out the figure “$3,000,000” and inserting in place thereof the following figure:- “$3,500,000”.
The amendment was adopted.

Mr. Joyce moved that the bill amended in section 2, in item 7007-0900, by inserting the following: “provided further, that 30,000 in matching funds be expended to the town of Avon for a feasibility study of municipal buildings”.
The amendment was adopted.

Mr. Hart moved that the bill be amended in section 2, in item 7007-0900 by inserting after the words “regions of the commonwealth” the following: “provided further, that no less then $100,000 be expended for the Dorchester Historical Society”.
The amendment was adopted.

Mr. Hart moved that the bill be amended in section 2, in item 7007-0900 by inserting after the words “regions of the commonwealth” the following: “provided further, that no less then $60,000 be expended for the Boston Irish Tourism Association marketing initiatives and for an analysis of the marketability of the Massachusetts Irish Community”.
The amendment was adopted.

Mr. Nuciforo moved that the bill amended in section 2, in item 7007-0900, by inserting after the words “Edmund Fowle House in Watertown” the following:-

“provided further, that not less than $200,000 shall be made available for the Bay State Games”
The amendment was adopted.

Mr. Nuciforo moved that the bill amended in section 2, in item 7007-0900, by inserting after the words “Merrimack Valley Economic Development Council”, the following words:- “provided further that not less than $250,000, subject to a 100 percent matching fund, shall be available for the Berkshire Economic Development Corporation”.
The amendment was adopted.

Mr. Nuciforo moved that the bill amended in section 2, in item 0330-0410, by striking the figure “$25,863”, and inserting the following figure:- “$50,000”.
The amendment was adopted.

Mr. Hart and Ms. Menard moved that the bill be amended in section 2, in item 7007-0515 by inserting after the words “acts of 1998” the following:- “ provided further, that $350,000 shall be expended to the Massachusetts Alliance for Economic Development for the purpose of enhancing economic development related services, including but not limited to implementation of a statewide online site finder to assist business growth”.
The amendment was adopted.

Mr. Nuciforo moved that the bill amended in section 2, in item 7007-0900, by inserting after the words “Entertainment Partnership” the following words:- “provided further that not less than $200,000, shall be made available to the Boston Symphony Orchestra venue at Tanglewood;”.
The amendment was adopted.

Mr. Nuciforo moved that the bill amended in section 2, in item 1410-0250, by striking the figure “$27,500” and inserting in place thereof the following figure:- “$42,000” and by striking the figure “$2,382,430” and inserting in place thereof the following figure:- “$2,424,430”.
The amendment was adopted.

Mr. Tolman and Ms. Spilka moved that the bill be amended in section 2, in item 7003-0702 by adding at the end thereof the following:- “provided further, that not less than $127,000 shall be expended for the employee involvement and ownership program”.
The amendment was adopted.

Messrs. Buoniconti and Lees moved that the bill be amended in section 2, in item 7007-0900 by striking out “and provided further, that not less than $15,000 shall be expended for the Puerto Rican Cultural Center in the City of Springfield” and replacing it with:- “and provided further, that not less than $100,000 shall be expended for the Puerto Rican Cultural Center in the City of Springfield”.
The amendment was adopted.

Messrs. Buoniconti and Lees moved that the bill be amended in section 2, in item 7007-0900 by adding:- “and provided further that not less that $200,000 shall be expended on the Spirit of Springfield, Inc. in the City of Springfield”.
The amendment was adopted.

Mr. Tolman moved that the bill be amended by inserting, after Section 104, the following new Section:-

“SECTION XX. Chapter 208 of the Acts of 2000 is hereby repealed”.
The amendment was adopted.

Messrs. McGee and Barrios moved that the bill amended in section 2, in item 7003-0702 by adding at the end thereof the following wording:- “provided further, no less than $150K for the Latino After School Initiative (LASI) Youth Development Project”.
The amendment was adopted.

Ms. Resor moved that the bill be amended in section 2, in item 7007-0900  by striking out the words, “provided, further, that not less than $100,000 shall be allocated for the I-495 Metrowest Corridor Partnership and inserting in place thereof the following words:-  “provided further, that not less than $250,000 shall be allocated for the I-495 Metrowest Corridor Partnership”.
The amendment was adopted.

Mr. Tolman moved that the bill amended in section 2, in item 7003-0703, by inserting after the words:"; provided further that not less than $125,000 shall be expended for a new job training initiative by Cape Cod Healthcare" the following new words: “, and other health care institutions participating in the 1199 SEIU Training and Upgrading Fund”.
The amendment was adopted.

Messrs. Tolman, Augustus, and Joyce, Ms. Chandler, Messrs. Moore, Brewer, Knapik, and Creedon, Ms. Resor, Messrs. Barrios and O’Leary, Ms. Tucker and Ms. Wilkerson moved that the bill be amended in section 2, by inserting after item 7004-9317 the following item:

“7004-9317
For a pilot program to establish a statewide Individual Development Account (IDA) program, so-called, for households who are at or below 80% of the area median income, as defined from time to time by the United States department of housing and urban development, in the community in which they live, provided however that households who reside in state-subsidized housing, as defined by the department, shall receive a preference for enrollment in the pilot program; provided, that funds may be awarded to community–based organizations to establish local IDA programs; provided further, that funds may be used for administrative costs to operate an IDA program for financial literacy and asset-specific training and as a match for program participant savings for qualified acquisition costs with respect to a qualified principal residence for a qualified first-time homebuyer, as defined by the department; provided further, the department may determine other qualified match uses consistent with the guidelines established in federal IDA guidelines pursuant to PL 105-285, 42 USC 604; provided further, that funds may be used to secure federal asset building programs funds; and provided further, that the department shall develop program guidelines to carry out the provisions of this item  ……………..…………………….………………….….$500,000”
The amendment was adopted.

Ms. Wilkerson moved that the bill amended in section 2, in item 7007-0900, in line 26, by striking the figure “$250,000” and inserting in place thereof the following figure: - “$500,000”; and by striking out the figure “$20,605,032” and inserting in place thereof the following figure: “$20,855,032”.
The amendment was adopted.

Ms. Wilkerson moved that the bill amended in section 2, in item 7003-0702 by inserting after the words “use technology” the following: - “provided further that not less than $500,000 shall be available for the Massachusetts Alliance for Small Contractors for the purpose of providing technical-assistance, education, capacity-building and support services to small businesses, minority owned businesses and women businesses in prequalification and certification process required pursuant to Chapter 193 of the Acts of 2004”.; and by striking out the figure “$6,463,000” and inserting in place thereof the following figure: “$6,963,000”.
The amendment was adopted.

Ms. Wilkerson moved that the bill amended in section 2, in item 7002-0012, by inserting after the words “private organizations” the following: -“provided further that funds not expended by October 1, 2007 shall be re-allocated to existing year-round youth employment programs”.
The amendment was adopted.

Ms. Wilkerson moved that the bill amended in section 2, in item 7003-0702 by inserting after the words “use technology” the following: - “provided further that not less than $100,000 shall be expended to Inquilinos Boricuas en Accion (IBA) for the Pathways to Technology Initiative”; and by striking out the figure “$6,463,000” and inserting in place thereof the following figure: “$6,563,000”.
The amendment was adopted.

Ms. Spilka moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “Cranberry Harvest Map;” the following language:- “provided further, that not less than $75,000 shall be expended for historic preservation of Atheneum Hall in the Town of Framingham;”.
The amendment was adopted.

Ms. Wilkerson moved that the bill amended in section 2, in item 7003-0702 by inserting after the words “use technology” the following: - “provided further that not less than $200,000 shall be expended for the Women’s Career Mentoring Program operated by the Jewish Vocational Service’s Center for Careers and Lifelong Learning and The Women’s Union Woman to Woman Program”.; and by striking out the figure “6,463,000” and inserting in place thereof the following figure: “$6,663,000”.
The amendment was adopted.

Messrs. Tarr, Lees, Tisei, Knapik, Hedlund, Brown, Chandler, Fargo and Resor moved that the bill be amended in section 2, by inserting after item 1775-1100 the following new item:-

“1775-XXXX 
For the operation of the Affirmative Market Program, housed within the operational services division, for costs associated with the administration of services for minority and women business owners to develop and maintain equitable practices and policies in the public marketplace.........................................................$299,588”
The amendment was adopted.

Mr. Antonioni moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “ Cranberry Harvest Map;” the following:- “provided further, that not less than $250,000 be expended for the North Central Massachusetts Development Corporation;”; and by striking out the figure “$20,605,032” and inserting in place thereof the following figure:- “20,855,032”.
The amendment was adopted.

Mr. Berry moved that the bill amended in section 2, in item 7007-0900 by adding at the end thereof the following:- “that not less than $50,000 shall be expended as a one time grant to Destination Salem in the city of Salem for the promotion of regional and local tourism”.
The amendment was adopted.

Messrs. Hedlund and Tarr moved that the bill be amended in section 2, in item 7007-0900 by inserting, after the words “Sandwich Glass Museum;” the following:- “provided further, that not less than $50,000 shall be expended to the Hull Lifesaving Museum for the purpose of planning the Massachusetts Maritime Trail;”.
The amendment was adopted.

Ms. Creem and Mr. Timilty moved that the bill be amended in section 2, in item 7007-0900 by striking out the wording “provided further, that $500,000 shall be expended for a grant to the Massachusetts Sports and Entertainment Partnership” and inserting in place thereof the following:- “provided further that not less than $1,250,000 of the amount appropriated herein shall be expended for the operation and administration of the Massachusetts Sports and Entertainment Commission, provided, however, that the Massachusetts Sports and Entertainment Commission shall be the official and lead agency to facilitate and attract major sports events and championships in the Commonwealth and provided further that the Massachusetts Sports and Entertainment Commission shall establish a division within the Commission which shall be the official and lead agency to facilitate motion picture production and development within the Commonwealth;”. 
The amendment was adopted.

Ms. Creem moved that the bill be amended in section 2, by striking out item 7002-0010  and inserting in place thereof the following item:-

7002-0010 
For the office of the secretary of the executive office of economic development; provided, that agencies within the executive office, may, with the prior approval of the secretary, streamline and improve administrative operations under interdepartmental service agreements ………………………...$404,329
The amendment was adopted.

Messrs. Morrissey and Tarr moved that the bill be amended by inserting at the end thereof the following new section:-

SECTION.  Chapter 140 of the Acts of 2005 is hereby amended by striking out Section 18 in its entirety and inserting in place thereof the following new section:-

Section 18.  Notwithstanding any general or special law to the contrary the Massachusetts Technology Park Corporation shall, in consultation with the division of energy resources, establish a program to expand the production and use of clean, on-site distributed renewable resources by assisting income-eligible residential customers in the commonwealth with the cost of purchasing and installing photovoltaic systems that will be connected to the electric distribution grid. The program shall be funded by the Massachusetts Renewable Energy Trust Fund established in section 4E of chapter 40J of the General Laws; provided, however, that the fund shall expend not less than $1,000,000 for the purposes of this program; provided further, that these funds and all other funds expended by the corporation in furtherance of the increased installation and use of distributed renewable generation resources by the corporation shall be deemed to be expended for the primary purpose of protecting or restoring the environment as such terms are defined in Section 126(b) of the Internal Revenue Code, as amended, and the implementing regulation set forth in Title 7 CFR Part 14.  The program sponsored by the corporation shall be operational no later than October 31, 2006.   The corporation may set standards and adopt rules and regulations for a program established by the corporation to carry out the purposes of this section that may be administered directly by the corporation or through one or more agents acting on behalf of the corporation. The program established by the corporation shall provide a preference for assisting low, moderate and upper moderate income residential customers. The corporation shall submit a progress report with the joint committee on telecommunication, utilities and energy not later than July 31, 2006.
The amendment was adopted.

Mr. Barrios moved that the bill be amended in section 2, in item 7007-0900 by striking the phrase “provided further, that not less than $100,000 shall be allocated to the Cambridge Cultural Events fund for the organization of a Cultural Fair and a Latin American Festival in the city of Cambridge;” and inserting in place thereof:- provided further, that not less than $85,000 shall be allocated to the Cambridge Cultural Events fund for the organization of a Cultural Fair and a Latin American Festival in the city of Cambridge; provided further, that not less than $15,000 shall be expended for the Chelsea Latin American Festival.
The amendment was adopted.

Mr. Hart moved that the bill be amended in section 2, in item 2800-0200 by inserting, after the words “town of Milton” the following words:- “provided further that $750,000 shall be expended on a matching program to encourage private and corporate support to support the Franklin Park Zoo and Stone Zoo” and by striking out the figure “$6,050,000” and inserting in place thereof the figure:- “$6,800,000”.
T he amendment was adopted.

Messrs. Moore, Antonioni, Panagiotakos and Timilty moved that the bill amended in section 2, in item 7003-0702, by inserting at the end thereof the following:- “provided further that not less than $750,000 shall be expended for a high school science program in biotechnology by Commonwealth Corporation, in consultation with the Massachusetts Biotechnology Council, including teacher and guidance counselor training, biotechnology lab equipment, and biotechnology lab supplies; provided further that an additional sum of not less than $200,000 shall be held in reserve as a matching fund, to be release to said Commonwealth Corporation for the above-referenced high school science teacher training program upon a 100 percent match from the private sector”.
The amendment was adopted.

Mr. Pacheco, Ms. Menard, Messrs. Tarr and Tolman, Ms. Tucker, Ms. Jehlen and Ms. Menard moved that the bill be amended in section 2, in item 3000-5000, by inserting the following words:- “provided that, funds from this item may be expended on early head start programs”.
The amendment was adopted.

Mr. McGee moved that the bill amended in section 2, in item 3000-2050, by striking out the figures “$998,990” and inserting in place thereof the figures “$1,382,307”.
The amendment was adopted.

Mr. Tisei moved that the bill be amended in section 2, in item 7061-9634, by inserting after the words “achievement for youth program;” the following:- “provided further, that not more than $225,000 shall be expended for Camp Coca Cola New England to provide under-served youth development services with an emphasis on leadership training and community service;”; and by striking out the figure “$487,000” and inserting in place thereof the following figure:- “$712,000”.
The amendment was adopted.

Messrs. Augustus, Antonioni, Brewer, Barrios, Tisei, Buoniconti, Tolman, McGee, Montigny, Hart, Ms. Chandler, and Ms. Spilka moved that the bill amended in section 2, by inserting after item 7061-9604 the following item:-

“7061-9610
For matching grants of $1,000 per enrolled child to Citizen Schools after-school learning programs for middle school children across the Commonwealth, including but not limited to those administered in Boston by Citizen Schools; in Lowell by Community Teamwork, Inc.; in Malden by the Partnership for Community Schools; in New Bedford by Positive Action Against Chemical Addiction; in Springfield by The Martin Luther King Jr. Community Center; in Worcester by the Greater Worcester YMCA; upon documentation by Citizen Schools of $1 in private sector, local, or federal funds for every $1 in state funds, and that all funds go to programs certified by Citizen Schools, Inc.;  provided further that up to $50,000 of the $300,000 will be available to Citizen Schools Inc. to support statewide training and evaluation efforts, and to further establish the efficacy of the Citizen Schools program in promoting school success, high school completion, and college and workforce success for low-income, at-risk students across the Commonwealth ………………………$300,000”.
The amendment was adopted.

Messrs. Tolman, Jehlen, Creedon, Montigny, Tucker, Barrios, Havern, Knapik and Morrissey moved that the bill be amended in section 2, in item 7061-9626 by striking the following figure: “$1,450,000” and inserting in place thereof the following figure: “2,050,000”.
The amendment was adopted.

Messrs. Antonioni, Augustus, Barrios, Brewer, Buoniconti, Havern, Lees, Tisei, Knapik, O'Leary, Ms. Chandler, Ms. Spilka, Ms. Resor, and Mr. Rosenberg moved that the bill be amended in section 2, in item 7010-0005, by striking out the figure “$125,000” and inserting in place thereof the following figure:- “$150,000”; and by striking out the figure “10,952,905” and inserting in place thereof the following figure:- “$10,977,905”.
The amendment was adopted.

Messrs. Antonioni and Barrios moved that the bill amended in section 2, by striking item 7030-1005 and inserting in place thereof, the following item:-

“7030-1005 
For Reading Recovery, an early intervention individual tutorial literacy program designed as a pre-special education referral and short term intervention for children who are at risk of failing to reading in the first grade; provided further, that not less than $300,000 shall be expended for matching grants to school districts to support the funding of Reading Recovery teachers salaries in one-to-one early intervention tutorial literacy programs; and provided further that said program shall provide ongoing documentation and evaluation of results…………………..$2,700,000”.
The amendment was adopted.

Mr. Antonioni moved that the bill be amended by inserting the following two sections:-

“SECTION XX.  Section 1 I of chapter 69 of General Laws, as amended by section 19 of chapter 65 of the Acts of 2004, is hereby amended by striking out the third and fourth sentences and inserting in place thereof the following sentence:-

Each school improvement plan shall be submitted to the superintendent and the school committee for review and approval not later than July 1 of the year in which the plan is to be implemented, according to a plan development and review schedule established by the district superintendent.

SECTION XX. Section 59C of chapter 71 of the General Laws, as amended by section 82 of chapter 46 of the Acts of 2003, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:-

The principal of each school, in consultation with the school council established pursuant to this section, shall on an annual basis, in conformity with the provisions of section 1 I of chapter 69, develop and submit for approval by the district superintendent and school committee a plan for improving student performance.  Said plan shall be prepared in a manner and form prescribed by the department of education and shall conform to any policies and practices of the district consistent therewith.  If said school improvement plan is not reviewed by the school committee within thirty days of said school committee receiving said school improvement plan, the plan shall be deemed to have been approved”..
The amendment was adopted.

Mr. Rosenberg moved that the bill be amended in section 2, in item 7061-0011, by inserting in (10) after the words “student transportation costs”; the following:- “provided, that systems with greater that a 15 percent decline in enrollment over the past five years shall receive priority in this category; and”.
The amendment was adopted.

Mr. Rosenberg moved that the bill be amended in section 2, in item 4000-0012 by inserting after the words “Springfield Day Nursery;” the following:- “provided further, that not less than $50,000 shall be expended to the Franklin Community Action Corporation for youth services;”.
The amendment was adopted.

Mr. Antonioni moved that the bill be amended in section 2, in item 7100-0200 by inserting after the words “in accordance with a plan reviewed” the following words:- “and recommended”.
The amendment was adopted.

Messrs. Panagiotakos, O’Leary and Rosenberg moved that the bill be amended by striking out section 12 and section 27; and by adding at the end thereof, the following new section: -

Section 100A.  (a) Notwithstanding any general or special law to the contrary, all tuition and fees received by a state or community college, or by each campus of the university of Massachusetts shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board of trustees may direct for the operation and support of the institution.  Provided, that the rate of increase for in-state tuition and fees shall not exceed the 3-year average of the Consumer Price Index for Massachusetts.  Any balance in the trust fund at the end of the fiscal year shall continue to be held in the trust fund, shall remain available for expenditure in subsequent fiscal years and shall not revert to the General Fund.  All such trust funds shall be subject to audit by the state auditor.

For employees of a state or community college or the university who are paid from tuition retained under this section, fringe benefits and any collective bargaining increases shall be funded as if those employees’ salaries were supported by state appropriations.

(b) Notwithstanding any general or special law to the contrary, each community college, each state college, and the university of Massachusetts shall create at the institution a reserve fund, hereinafter referred to as the “student charges stabilization fund,” for their respective institution.  There shall be deposited into the student charges stabilization fund of each institution the following: (1) any moneys which, within 60 days after the end of the fiscal year, the institution certifies to the state comptroller are moneys that were appropriated to the institution for the fiscal year and that were not expended during, and remain unencumbered for expenditure in respect of, the fiscal year; provided, that notwithstanding any general or special law to the contrary, all such moneys shall remain available for expenditure, without further appropriation, in subsequent fiscal years and shall not revert to the General Fund; and provided further that the state comptroller shall transfer any such moneys remaining in the state treasury to the institution within 30 days of receipt of the institutions certification; (2) moneys that are appropriated to an institution which are required by the legislature to be deposited into the institution’s student charges stabilization fund; and (3) other moneys that an institution may elect to deposit into its student charges stabilization fund, including student tuition and fee revenue.  Student charges stabilization fund moneys shall be deposited in an interest-bearing account credited to its respective institution.

Each institution shall deposit 5 per cent of any growth in state appropriation and tuition and fees from the prior year into their student charges stabilization fund.

(c) The provisions of this section shall expire on June 30, 2007 .
The amendment was adopted.

Mr. Barrios moved that the bill be amended after Section 104 by adding:-

SECTION 105.  Bunker Hill Community College is hereby authorized to borrow an amount not to exceed $8,000,000 through the Massachusetts Health and Educational Facilities Authority for the planning, design, and construction of a Health and Wellness Center at Bunker Hill Community College.  The term of this borrowing shall be 30 years.
The amendment was adopted.

Ms. Murray and Messrs. Tarr and Barrios moved that the bill be amended in section 2, in item 7118-0100, by adding the following words:- “; and provided further, that $454,000 shall be expended for the purchase of a liquid cargo simulator to provide training for public safety officials and other maritime agencies”; and by striking out the figure “$12,732,243” and inserting in place thereof the following figure:- “13,186,243”.
The amendment was adopted.

Messrs. Brown, Lees, Hedlund, Knapik, Tarr and Tisei moved that the bill be amended by adding the following new section at the end thereof:-

SECTION ___.  Notwithstanding any special law to the contrary, the bridge on Route 16 (Washington Street) spanning Route 9 in the town of Wellesley shall be designated and known as the State Senator David H. Locke Bridge. The department of highways shall erect and maintain suitable markers bearing the designation in compliance with the standards of the department.
The amendment was adopted.

Ms. Walsh and Mr. Morrissey moved that the bill be amended by inserting after Section ___ the following new Section:-

 “SECTION ___.  Notwithstanding sections 12 and 17 of chapter 138 of the General Laws or any other general or special law to the contrary, the Dedham Board of Selectmen may grant 8 additional licenses for the sale of all alcoholic beverages to be drunk on the premises, and 1 additional license for the sale of wines and malt beverages to be drunk on the premises, subject to the following conditions:

(a) The Board of Selectmen shall reserve 1 of the all alcoholic beverages licenses for RED HOT, INC. d/b/a ISABELLA’S for a location in Dedham Square, subject to all other applicable requirements for an all alcoholic beverages license and on condition that the current license for the sale of wine and malt beverages currently held by said Isabella’s be returned physically, with all the legal rights pertaining thereto, to the Board of Selectmen upon approval and receipt of said new all alcoholic beverages license.

(b) The Board of Selectmen shall restrict the remaining licenses to business entities that locate in a development to be known as LEGACY PLACE, the site for which is more particularly shown on a plan which is on file with the Board of Selectmen.

(c) Notwithstanding said section 12 of said chapter 138, the additional licenses authorized by this act shall be subject to an original application fee of $5,000 more than the annual fee for existing all alcoholic beverages licenses or wines and malt beverages licenses, as applicable, in the Town of Dedham. Said additional $5,000 fee shall be deposited into an economic development account of the Town of Dedham and expended consistently with the purposes of such account.

(d) Notwithstanding said sections 12 and 77 of said chapter 138, the Board of Selectmen may restrict the all alcoholic beverages licenses to holders of common victualler licenses.

(e) Notwithstanding said sections 12 and 77 of said chapter 138, the Board of Selectmen may restrict the wines and malt beverages license to a licensee holding a common victualler license.

(f) The Board of Selectmen shall determine reasonably whether an applicant or licensee meets the criteria set forth in this act.

(g) The licenses shall not be transferable.

(h) The licenses, if revoked or no longer in use, shall be returned physically, with all of the legal rights and privileges pertaining thereto, to the Board of Selectmen, which may grant any such returned license to a new applicant who meets the criteria set forth in this act”.
The amendment was adopted.

Ms. Fargo, Ms. Chandler, Ms. Spilka, Messrs. Brown and Augustus moved that the bill be amended in section 2, in item 7061-0011 by striking out all of subsection (2) and inserting in place thereof the following text: -

“(2) assist municipalities with extraordinary increases of greater than 25 per cent in theirrequired contribution to any of the districts to which the municipality belongs as a result of the new regional allocation methodology; provided, that preference in the awarding of such funds shall be given to municipalities whose required local contribution exceeds 80 per cent of their foundation budget; and provided further, that any funds awarded under this item shall be expended by a school committee without further appropriation;”
The amendment was adopted.

Messrs. Baddour and Berry moved that the bill amended by inserting, after Section ___, the following new Section:-

“SECTION ___. Notwithstanding any general or special law to the contrary, the temporary tax amnesty program authorized by Chapter 4, Section 73 of the Acts of 2003 and Chapter 46, Section 113 of the Acts of 2003, which the Town of Salisbury adopted by vote of Town Meeting on October 27, 2003 is hereby extended for the Town of Salisbury until June 30, 2006 ”.
The amendment was adopted.

Messrs. Tarr, Tisei and Brown moved that the bill be amended by inserting at the end, the following new section:-

“SECTION ___. Notwithstanding any general or special law to the contrary, the department of education is hereby authorized and directed to study the inequities between communities resulting from the current chapter 70 aid distribution formula and its reliance on municipal fiscal year spending prior to 1993 as a factor in determining a community’s ability to pay. Said study, together with legislative recommendations for actions to remedy inequities and cost estimates for such actions, shall be filed with the clerks of the House and Senate not later than January 31, 2007 ”.
The amendment was adopted.

Mr. Augustus moved that the bill amended by inserting after Section___, the following new Section:-

“Section___. Section 56 of Chapter 6 of the Massachusetts General Laws, as appearing in the 2004 Official Edition, is hereby amended in line 26 by striking out the words “cities of New Bedford and Springfield ”. and inserting in place thereof the following words:- “cities of New Bedford , Worcester and Springfield”.
The amendment was adopted.

Ms. Tucker and Messrs. Barrios, Montigny and Barrios moved that the bill be amended in section 2, in item 0840-0100 , by striking out the figure “453,889” and inserting in place therefore the following figure:-“596,776”.
The amendment was adopted.

Mr. Hart moved that the bill be amended by inserting, after Section __, the following new Section: -

“SECTION _____. Section 2F of chapter 90 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in lines 39 and 40, the words ‘the establishment of the Diane Zaniboni breast cancer research fund to be coordinated by the department of public health” and inserting in place thereof the following words:- the Diane Zaniboni breast cancer research fund coordinated by Tufts New England Medical Center.’ ”
The amendment was adopted.

Messrs. Tolman and Augustus, Jr. moved that the bill be amended in section 2, in item 1599-6901 by adding, in line 22 after the words “Mental Health and Substance Abuse Corporations of Massachusetts” the following:- “1 designee of SEIU Local 509”.
The amendment was adopted.

Ms. Resor moved that the bill be amended by inserting after section 104, the following new Section:-

“SECTION . The division of capital asset management and maintenance is hereby authorized to transfer care and custody of a parcel of vacant state-owned land in the town of Westborough for use as a location for the new facility for girls committed to the department of youth services. The exact size and boundaries of the parcel to be so transferred shall be determined by the division of capital asset management and maintenance. Transfer of said parcel shall be without consideration and shall not be subject to the provisions of chapter 7 of the General Laws”.
The amendment was adopted.

Messrs. Tarr, Baddour, Lees, Tisei, Knapik, Hedlund and Brown, Ms. Tucker moved that the bill be amended by inserting at the end the following sections:-

“SECTION 1. Terms used in sections 2 and 3 and sections 14 to 21, inclusive, shall have the meanings assigned to them in section 3 of chapter 25A of the General Laws.

SECTION 1A. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2006, the sum set forth in section 2A is hereby appropriated from the General Fund unless specifically designated otherwise in this act or in said appropriation acts, for the several purposes and subject to the conditions specified in this act or in said appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2006 . The sum appropriated in said section 2A shall be in addition to any amounts previously appropriated and made available for the purposes of that item.

SECTION 2A. 2030-1001 For the purchase and repair of office of environmental law enforcement motor vehicles; provided, that not less than 20 per cent of new motor vehicle purchases shall be hybrid or alternative fuel vehicles; prior appropriation continued.......................$2,500,000.

SECTION 21/2. To provide funding for the Energy Independence Grant Fund, for the purpose of encouraging the purchase, lease, aftermarket conversion and use of hybrid and alternative energy vehicles, including heavy, medium and light duty vehicles that utilize either a single fuel or dual fuel, by cities and towns, school districts and regional transit authorities. The sums set forth in section 3 shall be distributed pursuant to a grant program developed and administered by the division of energy resources. The development of the plan shall be conducted in consultation with regional transit authorities established pursuant to chapter 161B of the General Laws. The grant program shall facilitate the development of an alternative fuel infrastructure. The sums set forth in section 3, for the several purposes and subject to the conditions specified in this act, are hereby made available subject to the laws regulating the disbursement of public funds and approval thereof.

SECTION 3.

DIVISION OF ENERGY RESOURCES.

7006-1003
For the planning, design and construction of alternative fuel refueling stations on the site of land owned or controlled by the commonwealth or a regional transit authority with a minimum useful life of 5 years, and for financial assistance to cities and towns, school districts and regional transit authorities for the acquisition of alternative fuel vehicles and hybrids with a minimum useful life of 3 years; provided, that the commonwealth or a regional transit authority may enter into agreements or contracts with providers and distributors of alternative fuels necessary to carry out the purposes of this act . 10,000,000.

SECTION 4. To meet a portion of the expenditures necessary in carrying out section 3, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate the sum of $10,000,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Alternative Energy, Energy Independence Act of 2005, and shall be issued for such maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June 30, 2030 . All interest and payments on account of principal of such obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall be general obligations of the commonwealth; provided, however, that any bonds issued by the state treasurer under this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section 2O of chapter 29 of the General Laws; provided further, that in deciding whether to request the issuance of particular bonds as special obligations the governor shall take into account: (i) generally prevailing financial market conditions; (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally-recognized credit rating agency to the bonds proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section 2O of said chapter 29.

SECTION 4A. Chapter 21A of the General Laws is hereby amended by adding the following section:-

Section 3F. The commissioner shall annually, on or before November 15, publish a list of vehicles sold within the commonwealth which are eligible to receive an exemption from certain percentages of the sales tax and the percentage reduction in the sales tax assessed under section 2 of chapter 64H to which they shall be entitled in the following taxable year.

The commissioner shall establish a list and provide a schedule of sales tax exemptions for vehicles based upon their fuel mileage ratings as determined by the United States Environmental Protection Agency, based on a formula annually updated which reflects: (a) a vehicle's mileage relative to other vehicles within its passenger seating class; and (b) the percentage of the vehicle that is American-made.

The commissioner shall provide exemptions for the following classes of vehicles: 2 and 4-passenger vehicles, 5-passenger vehicles and vehicles that seat 6 or more passengers.

The commissioner shall design the list so that no vehicle which is less than 60 percent as efficient, for 2 to 4 and 5-passenger vehicles, and 70 percent as efficient, for 6-passenger and more vehicles, as the best vehicle in its respective class receives the sales tax exemption. The commissioner may, after issuing a draft determination and holding a public hearing, raise the level below which a vehicle shall not qualify for benefits.

The list shall be made available for public comment not later than November 1 of each year and the commissioner shall determine what shall be included on the final list. The final list shall be distributed to boards of assessors and tax collectors within each municipality.

SECTION 5. Section 3 of chapter 25A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting in their appropriate alphabetical sequence the following definitions:

"Aftermarket conversion", a converted vehicle originally designed to operate on gasoline that has been altered to run on an alternative fuel exclusively or in combination with gasoline.

"Alternative fuel refueling station", any platform that provides for the delivery of alternative fuels.

"Alternative fuel vehicle", a vehicle powered by alternative fuel. An alternative fuel vehicle shall have the following attributes:

(1) the capability of operating only on an alternative fuel;

(2) original use commencing with the taxpayer; and

(3) acquisition by the taxpayer for use or lease, but not for resale.

"Alternative fuels", biodiesel, electricity, ethanol, hydrogen, methanol, natural gas and propane.

"Biodiesel", renewable fuel that can be manufactured from vegetable oils, animal fats, or recycled restaurant greases, including both biodiesel blends and pure forms, including B20 20 per cent neat biodiesel and 80 per cent diesel.

"Electricity", transportation fuel to power battery electric and fuel cell vehicles.

"Ethanol", an alcohol-based alternative fuel produced by fermenting and distilling starch crops that have been converted into simple sugars. Specifically, blends such as 85 per cent ethanol and 15 per cent gasoline, E85, shall be considered an alternative.

"Heavy duty vehicle", a vehicle with a gross vehicle weight rating, GVWR, equal to or greater than 40,001 pounds GVWR.

"Hybrid vehicle", (1) a vehicle which draws propulsion energy from onboard sources of stored energy which are both: (i) an internal combustion or heat engine using combustible fuel; and (ii) a rechargeable energy storage system; (2) a vehicle which, in the case of a passenger automobile, medium duty passenger vehicle or light truck: (i) for 2002 and later model vehicles, has received a certificate of conformity under the Clean Air Act and meets or exceeds the equivalent qualifying California low emission vehicle standard under section 243(e)(2) of the Clean Air Act for that make and model year; (ii) for 2004 and later model vehicles, has received a certificate that the vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act for that make and model year vehicle; and (iii) and achieves an increase of 10 per cent fuel efficiency as compared to the average vehicle of its class as defined by the federal Environmental Protection Agency.

"Hydrogen", a fuel which is in a gaseous state at atmospheric pressure and ambient temperatures containing low levels of carbon monoxide and carbon dioxide for use in combustion engines and fuel cell electric vehicles.

"Light duty vehicle", a vehicle with a gross vehicle weight rating, GVWR, of 0 to 10,000 pounds.

"Medium duty vehicle," a vehicle with a gross vehicle weight rating, GVWR, of 10,001 to 40,000 pounds.

"Methanol", a wood alcohol used as an alternative fuel in flexible fuel vehicles that run on M85, a blend of 85 per cent methanol and 15 per cent gasoline.

"Natural gas", applications as stored onboard a vehicle as compressed natural gas, CNG, at 3,000 or 3,600 pounds per square inch or as liquefied natural gas, LNG , at typically 20 to 150 pounds per square inch.

"Propane" liquefied petroleum gas, LPG.

"Regional transit authority", as established pursuant to chapter 161 and chapter 161B. SECTION 6. Section 11B of chapter 25A of the General Laws, as so appearing, is hereby amended by adding the following 4 paragraphs:-

When purchasing new motor vehicles, the commonwealth shall purchase hybrid or alternative fuel vehicles to the maximum feasible extent at a rate of not less than 5 per cent annually for all new motor vehicle purchases in order that, taking into account the existing number of such vehicles owned and operated by the commonwealth, not less than 50 per cent of the motor vehicles owned and operated by the commonwealth are hybrid or alternative fuel vehicles by the year 2010.

The division of operational services shall forward to the division of energy resources all requests for motor vehicle acquisitions by agencies of the commonwealth. The division shall thereafter report to the division of operational services regarding the availability of a hybrid or alternative fuel vehicle that will feasibly achieve the intended use designated by the requesting agency.

The division shall develop a system of protocols for reporting to the division of operational services for the acquisition of alternative fuel vehicles and hybrids, including identifying the potential for acquisition of heavy, medium and light-duty vehicles, based on the anticipated mileage and usage of such vehicles, and the effectiveness of single fuel or dual fuel alternative fuel vehicles for the particular purpose identified.
The division shall submit in writing to the secretary of administration and finance, the clerks of the senate and house of representatives and the joint committee on state administration and regulatory oversight an annual statement detailing the progress, as well as any additional information relevant to the acquisition of hybrid or alternative fuel vehicles by the commonwealth.

SECTION 7. Said chapter 25A is hereby further amended by inserting after section 11H the following 2 sections:-

Section 11I. There shall be established and set up on the books of the Commonwealth an Energy Independence Grant Fund to be used, subject to appropriation for the purpose of encouraging the purchase, lease, aftermarket conversion and use of hybrid and alternative fuel vehicles, including heavy, medium and light duty vehicles that use either a single fuel or dual fuels, by cities and towns, school districts and regional transit authorities. The grants may be used for the purpose of matching federal grants. In addition, the grants may be expended pursuant to cooperative purchasing agreements with other entities. Funds expended shall, to the extent possible, maximize reimbursement from federal or other sources. The fund shall consist of any appropriations, bond proceeds or other monies authorized by the general court and specifically designated to be credited to it. The fund shall encourage, support and foster the development of hybrid and alternative fuel vehicles in order to promote increased autonomy from fossil fuels, to mitigate the fiscal impact of the high cost of fuel on cities and towns and to provide environmental benefits through the reduction of carbon dioxide and carbon monoxide emissions.

Section 11J. (a) The division shall receive applications for grants from the fund from cities and towns, school districts and regional transit authorities and award grants to assist any of them in the purchase or lease of hybrid and alternative fuel vehicles or for the aftermarket conversion of conventional fuel vehicles for municipal or regional transit purposes. The division shall develop a scoring system to serve as the basis for the evaluation and the determination of awarding grants pursuant to this section. The scoring system shall determine the maximum grant amount available for a specific application. The scoring system shall be based upon the type of vehicle being acquired or retrofitted, the cost, the type of use anticipated, fuel economy, range and the anticipated useful life of a vehicle and shall employ the federal standards set forth in the Corporate Average Fuel Economy provision of the Energy Policy Conservation Act of 1975 and any other applicable federal standards. The scoring system shall designate the amount of assistance available to a municipality, school district or regional transit authority based upon those factors and the division may award grants up to that amount commensurate with said factors. In awarding grants, the division shall give consideration to applications from cities and towns, school districts and regional transit authorities from diverse geographic regions. A city or town, school district or regional transit authority which is awarded a grant under this program shall submit an annual report to the division identifying and detailing: (1) the type of the hybrid or alternative fuel vehicle purchased, leased or converted; (2) the usage and any cost savings to the city or town, school district or regional transit authority associated with the reduction of use of standard gasoline from the use of the vehicle; and (3) any environmental benefits from, but not limited to, the reduction in emissions.

(b) A city or town, school district or regional transit authority shall apply for a fund grant in the manner specified by the commissioner.

(c) The division shall promulgate policies, rules and regulations to implement this section. The commissioner shall file the policies, rules and regulations with the joint committee on state administration and regulatory oversight for review and comment not later than 30 days before the effective date of any policies, rules and regulations.
(d) Not less than $100,000 shall be expended from the fund for the Massachusetts Maritime Academy for a pilot program to utilize wind energy technology to create on-site, hydrogen-based electricity to reduce the high cost of energy at public institutions of higher education. The academy shall use the funds to develop a hydrogen-based, fuel cell powered tug boat.

SECTION 8. Paragraph (a) of Part B of section 3 of chapter 62 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after subparagraph 9 the following subparagraph:-

(91/2) For taxable years beginning on or after January 1, 2006 , in the case of an individual who purchases a hybrid or alternative fuel vehicle, as those terms are defined in section 3 of chapter 25A, there shall be a deduction in the amount of $2,000 for a single person, for a person who qualifies as a head of household under section 2(b) of the Code or for a husband and wife in the taxable year in which the purchase is made. The department of revenue may require a proof of purchase to be submitted with a return in order to be eligible for the deduction.

SECTION 9. Section 31A of chapter 63 of the General Laws, as so appearing, is hereby amended by inserting after the word "fishing", in lines 4 and 24, the following words:- or a corporation primarily engaged in the development, construction or operation of an alternative fuel refueling station, and the development of alternative fuels, as those terms are defined in section 3 of chapter 25A.

SECTION 10. Said chapter 63 is hereby further amended by inserting after section 31C the following 2 sections:-

Section 31C1/2. A corporation which maintains a motor vehicle fleet equal to or in excess of 50 vehicles, including those of carriers licensed pursuant to chapter 159B, and purchases, leases or performs an aftermarket conversion, as that term is defined in section 3 of chapter 25A, of a conventional fuel vehicle to an alternative fuel vehicle, as that term is defined in said section 3 of said chapter 25A, and maintains the alternative fuel vehicle, and which corporation is a domestic or foreign corporation under subparagraph 1 or 2 of section 30, may receive a credit against its excise due under this chapter. The amount of the credit shall be equal to 50 per cent of the difference between the purchase price or the cost of the aftermarket conversion of the alternative fuel vehicle and the listed purchase price of a gasoline-powered vehicle of like quality during the taxable year of the purchase. A corporation which does not maintain at least 10 per cent of its fleet as alternative fuel vehicles or hybrid vehicles, as those terms are defined in said section 3 of said chapter 25A, shall not be eligible for the credit.

Section 31C3/4. A corporation, licensed as a common carrier of passengers under chapter 159A, which maintains a motor vehicle fleet equal to or in excess of 25 vehicles and purchases, leases or performs an aftermarket conversion, as that term is defined in section 3 of chapter 25A, of a conventional fuel vehicle to an alternative fuel vehicle, as that term is defined in section 3 of chapter 25A, and maintains the alternative fuel vehicle, and which corporation is a domestic or foreign corporation under subparagraph 1 or 2 of section 30, may receive a credit against its excise due under this chapter. The amount of the credit shall be equal to fifty per cent of the difference between the purchase price or the cost of the aftermarket conversion of the alternative fuel vehicle and the listed purchase price of a gasoline-powered vehicle of like quality during the taxable year of the purchase, as hereinafter provided. A corporation which does not maintain at least 10 per cent of its fleet as alternative fuel vehicles or hybrid vehicles, as those terms are defined in said section 3 of said chapter 25A, shall not be eligible for the credit.

SECTION 11. Section 4 of chapter 64E of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in lines 9 and 10, the words "19.1 per cent of the average price computed to the nearest tenth of one per cent per gallon" and inserting in place thereof the following words:- 25 per cent less than the rate on fuel set forth in chapter 64A.

SECTION 12. Section 2 of chapter 90 of the General Laws, as so appearing, is hereby amended by inserting after the tenth paragraph the following paragraph:-

Upon application, the registrar shall furnish an energy independence placard or sticker bearing a designation to be determined by the registrar to any person who is the title or lease holder of a qualified hybrid or alternative fuel vehicle, as those terms are defined in section 3 of chapter 25A, and who meets the requirements of this paragraph. The placard or sticker shall be of a size and design to be determined by the registrar and shall be numbered and contain identifying features and specifications as the registrar considers appropriate. The authorized user shall permanently affix the placard or sticker to the vehicle so as to be readily visible in accordance with instructions provided by the registrar from time to time. The registrar may impose a reasonable fee for the costs associated with the processing of applications and the issuance of placards or stickers.

The Massachusetts Turnpike Authority shall make available to all holders of placards Fast Lane toll transponders and shall waive the initial application fee associated with the acquisition of the transponder. A city or town may, by by-law or ordinance, grant municipal parking at a reduced rate or without charge to holders of the energy independence placard or sticker.

SECTION 12A. Section 7A of said chapter 90, as so appearing, is hereby amended by inserting after the fifth paragraph the following paragraph:-

The emissions and maintenance inspection programs provided for in this section shall not apply to a qualified hybrid or alternative fuel vehicle or clean alternative fuel if the vehicle obtains a rating from the United States Environmental Protection Agency of at least 50 miles per gallon during city fuel economy tests unless remote sensing devices indicate the hybrid or alternative fuel vehicle may not meet current emissions standards. The commissioner shall promulgate such regulations as may be required to implement this exemption.

SECTION 12B. Section 142M of chapter 111 of the General Laws, as so appearing, is hereby amended by inserting before the definition of "Commissioner" the following definition:-

"Clean alternative fuel vehicle" shall mean natural gas, hydrogen or electricity when used as a motor vehicle fuel or propane when used as a motor vehicle fuel if such a vehicle meets the federal fleet emissions standards under the federal Clean Air Act or any emissions standards adopted by the commissioner of environmental protection as part of the commonwealth's implementation plan under the Clean Air Act.

SECTION 13. (a) There shall be established at the University of Massachusetts, the Commonwealth Alternative Fuels Institute, for the purpose of researching and developing hybrid and alternative fuel vehicles and alternative fuels and any related technology and components involved in the production, conversion, operation and maintenance of hybrid and alternative fuel vehicles and hybrids.

(b) The Institute shall have among its primary goals the development and commercialization of the vehicles, fuels, equipment and technology for the purposes of deriving environmental benefits, reducing dependence on conventional fossil fuels and facilitating economic growth.

(c) The Institute shall be governed by policies and operating procedures developed and maintained by the president of the university and its board of trustees, together with the governing bodies of each subdivision of the university assigned to engage in the operations of the Institute.

(d) Subject to appropriation, the Institute shall engage in projects as determined to be feasible by its advisory board, and may issue requests for proposals and enter into cooperative research agreements in carrying out this act.

(e) There shall be an advisory board of the Institute, comprised of: the president of the University of Massachusetts or his designee, who shall also serve as the chairperson; the secretary of environmental affairs or his designee; the secretary of economic affairs or his designee; the secretary of transportation or his designee; the general manager of the Massachusetts Bay Transportation Authority or his designee; a representative of the regional transit authorities; 3 members to be appointed by the governor, 1 of whom shall represent the business community, 1 of whom shall have expertise in environmental issues and 1 of whom shall represent consumers; 2 members appointed by the president of the university, each having expertise in relevant science and technology; 1 member of the senate and 1 member of the house of representatives. Each appointed member shall serve for a term of 3 years, and shall be eligible to be appointed for consecutive terms.

(f) The Institute shall undertake a comprehensive industry needs assessment, in consultation with the advisory board, of businesses engaged in the research, development or production of alternative fuel vehicles and hybrids, alternative fuels and related components and technologies. The assessment, which shall be completed not later than 6 months after the effective date of this act, shall include, but not be limited to the following:

(1) the identities of industry participants and a characterization of their business activities involving hybrid and alternative fuel vehicles and related technologies and components;

(2) current or projected impediments to the growth and development of industry participants;

(3) feasible means by which state government, including the commonwealth's institutions of higher education, may assist industry participants;

(4) potential collaborative efforts between the commonwealth and industry participants, including industry-sponsored research and development and the securing of public and private research funds;

(5) potential sources and uses of federal government funding for research and development including, but not limited to, funding opportunities contained in any federal renewable or alternative energy legislation.

SECTION 14. The Massachusetts Turnpike Authority shall develop a plan, in consultation with the executive office of transportation, for the availability of alternative fuel at each fueling facility or service terminal on the Massachusetts Turnpike. The plan shall provide for availability not later than January 1, 2012 . Should the authority determine that facilitating the availability is not feasible, it shall report the findings, together with the reasons therefor, to the house and senate committees on ways and means and the joint committee on transportation not later than January 31, 2006 .

SECTION 15. (a) The commissioner of energy resources, in consultation with the secretary of administration and finance, the secretary of transportation, the general manager of the Massachusetts Bay Transportation Authority, a representative of the regional transit authorities, the secretary of economic affairs, the secretary of environmental affairs, and the operation services division, shall develop a statewide master plan for the advancement of hybrid and alternative fuel vehicles and related technology.

(b) The plan shall encompass a 10-year period beginning in 2007, and shall be divisible in increments of not less than 5 years. The plan shall take into account the geographic diversity of the commonwealth, its present and projected demographics, present and projected transportation needs and infrastructure, and current, emerging and foreseeable alternative fuel and vehicle technologies.

(c) The plan may establish goals for areas such as the purchase and use of hybrid and alternative fuel vehicles and hybrids by the commonwealth, its political subdivisions, private commercial fleets and citizens, the development of fueling facilities, and technologies, and the production, import action or distribution of alternative fuels.

(d) In addition, the plan shall identify strategies and corresponding methods of achieving its identified goals together with necessary administration and legislative actions. The plan shall be reported to the clerks of the senate and house of representatives not later than 18 months following the effective date of this act.

SECTION 16. The secretary of administration and finance through the division of operational services, in consultation with the commissioner of energy resources, shall enter into contracts and agreements with the manufacturers or providers of hybrid or alternative fuel vehicles as may be necessary for the purchase or lease of the vehicles, or aftermarket conversion equipment or technologies in order to comply with this act.

SECTION 17. The commissioner of energy resources shall annually develop a directory of alternative fuel vehicles, equipment and services available for purchase by public entities.

The directory shall include vehicles available for heavy, medium and light duty usage, as well as the spectrum of alternative fuels available, as defined in section 3 of chapter 25A of the General Laws, and the appropriate applications, estimated costs, and positive and negative aspects of each vehicle and fuel. To the extent possible, the directory shall contain photographs of the available vehicles.

The directory shall be produced and promulgated in a manner reasonably devised to assist in promoting awareness and the utilization of alternative fuel vehicles by the commonwealth and its political subdivisions and shall be made available to municipalities and agencies of the commonwealth to assist in the identification and acquisition of hybrid and alternative fuel vehicles. The catalog shall be made available to nongovernment entities but the commissioner may impose a reasonable fee consistent with the cost of reproducing the catalog.

SECTION 18. The secretary of economic affairs, in consultation with the executive office of transportation and the division of energy resources, shall evaluate the feasibility and desirability of any methods which could be utilized by the commonwealth in order to provide incentive for or incubate the production of alternative fuel vehicles and equipment within its borders. The evaluation shall include, but not be limited to, the potential economic benefits of the production, including job growth, and the potential environmental benefits associated with the production and increased distribution of alternative fuel vehicles and equipment in the commonwealth.

The secretary shall report the findings of the evaluation, and its recommendations, if any, together with drafts of legislation necessary to carry such recommendations into effect, to the clerks of the senate and house of representatives not later than 1 year after the effective date of this act.

SECTION 19. Not later than December 31 of each year, the Massachusetts Bay Transportation Authority shall file with the clerks of the senate and house of representatives and the joint committee on economic development and emerging technologies a report indicating its utilization of hybrid and alternative fuel vehicles and related technologies. The report shall include, but not be limited to, the increased costs or savings, if any, associated with the use of the vehicles, the amount of fuel used and conserved by the use of the vehicles, the emissions rates for the vehicles and other vehicles in the fleet and the positive and negative factors, if any, associated with their use.

The report shall identify any impediments to the use of the vehicles and technologies and shall include any legislative recommendations to address those impediments.

SECTION 20. The operational services division, in consultation with the executive office of transportation, the secretary of administration and finance, the division of energy resources, the Massachusetts Bay Transportation Authority and regional transit authorities, shall study the feasibility of developing and implementing a system to facilitate the mass purchase of alternative fuel vehicles by the commonwealth and its political subdivisions. The study shall include, but not be limited to, the potential cost savings to be derived from the system, the cost of its administration, appropriate purchasers to participate in the system and the probability of its utilization by those purchasers.

The operational services division shall report the findings of the study, and its recommendations if any, together with drafts of legislation necessary to carry such recommendations into effect, by filing the same with the clerks of the senate and house of representatives not later then 1 year after the effective date of this act.

SECTION 20A. There shall be a special commission to report on the expanded use of biodiesel fuel in the commonwealth. The commission shall consist of 1 member to be appointed by the department of environmental protection; 1 member to be appointed by the department of telecommunications and energy; 1 member to be appointed by the division of energy resources; 2 members to be appointed by the senate president; 1 member to be appointed by the senate minority leader; 2 members to be appointed by the speaker of the house of representatives; 1 member to be appointed by the minority leader of the house of representatives; and members to be appointed by the governor to provide appropriate consumer, environmental, and industry representation. The commission shall submit a report and recommendations to the secretary of environmental affairs; office of commonwealth development; the joint committee on telecommunications, utilities, and energy; the joint committee on environment, natural resources and agriculture; the joint committee on state administration and regulatory oversight; and the house and senate clerks by June 30, 2006 . The commission shall conduct a study of the current impediments in state and federal law and regulation to the certification, licensure and availability for sale in the commonwealth of highly efficient diesel passenger vehicles under the California LEV II standards and potential methods to address such impediments. It shall also examine barriers and opportunities for widespread use of biodiesel and low-sulfur biodiesel fuels for motor vehicles, heating, and other appropriate uses in the commonwealth. From this study the commission shall submit a plan for the expanded use of biodiesel and low-sulfur biodiesel fuels in the commonwealth and proposals for new regulations and laws to expand the use of biodiesel where feasible and appropriate.

SECTION 21. Hybrid and alternative fuel vehicles which display a special identifying placard issued under section 12 may travel in high occupancy vehicle or HOV lanes. This section shall expire 3 years following the effective date of this act. SECTION 22. Section 8 shall be in effect for taxable years 2006 to 2010, inclusive.
SECTION 23. Section 10 shall be in effect for taxable years 2005 to 2015, inclusive. SECTION 24. Section 11 shall be in effect for taxable years 2005 to 2010, inclusive”. The amendment was adopted.

Mr. Panagiotakos moved that the bill be amended by inserting after Section ____, the following new Section:-

SECTION____. Notwithstanding any general or special law to the contrary, the bridge located on Aiken Street in the city of Lowell shall be designated and known as the Joseph R. Ouellette Bridge. The department of highways shall erect a suitable marker bearing this designation in compliance with the standards of the department.
The amendment was adopted.

Messrs. Morrissey and Tarr moved that the bill be amended in section 20 in line 6 and 7 by striking out the following “transit or commuter rail” and inserting in place thereof the following:- “transit, bus, commuter rail or commuter boat”.
The amendment was adopted.

Ms. Spilka, Mr. Tarr, Ms Resor, Mr. Moore, Ms Fargo and Mr. Brown moved that the bill be amended by adding at the end thereof the following sections:

“SECTION ___. The first paragraph of section 9 of chapter 161A of the General Laws, as appearing in the 2004 official edition, is hereby amended by striking out the sixth sentence and inserting in place thereof the following 2 sentences:- Beginning on July 1, 2001 , a city or town that is also a member of a regional transit authority or that at any time joins a regional transit authority shall have 100 per cent of the amount assessed for the operation of the regional transit authority credited against its share of the assessment made under this section. The amount credited shall not exceed the total amount of the assessment”.

“SECTION XX. Section 3 of chapter 161B of the General Laws, as appearing in the 2004 official edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Any city or town, or group or combination of cities or towns, other than a city or town included in the Massachusetts Bay Transportation Authority in which the Authority operates a fixed bus service may, upon compliance with this section, by majority vote of the city council or majority vote of the town meeting or majority vote of any other legislative body, respectively, be made into a body politic and corporate and a political subdivision of the commonwealth under the name of the municipality within the new authority having the greatest population, or under any other appropriate regional name agreed to by a majority of the member municipalities, and followed by the words "Transit Authority''“.

“SECTION XXX. Said section 3 of said chapter 161B, as appearing in the 2004 official edition, is hereby further amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

Any city or town, or group or combination of cities or towns, other than a city or town included in the Massachusetts Bay Transportation Authority in which the Authority operates fixed route bus service or is in an authority established pursuant to section 14 may, by a majority vote of the city council or of the town meeting or majority vote of any other legislative body, respectively, and subject to the approval of the advisory board to a regional transit authority, join an authority which is not separated from the city or town or group or combination of cities and towns by more than 1 other municipality”.
The amendment was adopted.

Mr. Baddour moved that the bill be amended by inserting, after Section XX, the following new Sections:-

“SECTION ___A. Section 8A of chapter 90 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended in line 31 by striking after the word “glue” the following phrase “within the preceding five year period”

SECTION ____B. Section 8A ½ of chapter 90 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended in line 28 by striking out the phrase “ within the preceding five year period”“.
The amendment was adopted.

Mr. Tolman moved that the bill be amended by inserting, after Section 104, the following new Section:-

“SECTION XX The Massachusetts Turnpike Authority shall give priority status to the design and construction of sound barrier projects which abut recent road widening activity”.
The amendment was adopted.

Messrs. Brown, Brewer, Lees, Hedlund, Knapik, Tarr, Tisei, Timilty and Joyce moved that the bill be amended by adding the following new section at the end thereof:-

SECTION ___. Notwithstanding any special or general law to the contrary, a commission will be established to design and distribute through the Registry of Motor Vehicles (RMV), a decal for veteran’s license plates in the Commonwealth commemorating the veterans who served in Operation Enduring Freedom and a decal commemorating the veterans who served in Operation Iraqi Freedom. The commission will consist of the Registrar of Motor Vehicles, or her designee, the Adjutant General of the Massachusetts National Guard, or his designee, the Secretary of Veteran’s Services, or his designee, three members of the House of Representatives that are chosen by the Speaker, one of which a member of the minority party, three members of the Senate, chosen by the Senate President, one of which is a member of the minority party and two Veteran’s Agents appointed by the Governor. The Commission shall report the results of the design and distribution of the decal to the Legislature no later than December 31, 2006 .
The amendment was adopted.

Messrs. Lees and Knapik, Buoniconti moved that the bill be amended by inserting, after Section ___, the following new section:-

“SECTION ___. Notwithstanding subparagraph (a) and (b) of section 2F of chapter 90 of the General Laws, or any other general or special law to the contrary, the registrar of motor vehicles shall issue license plates for the benefit of establishing and supporting a Dr. Seuss Museum operated by the Springfield Library and Museum Association”.
The amendment was adopted.

Mr. Moore moved that the bill amended in section 2, in item 8400-0001 by striking out the words “provided further, that the registry may operate a full-service branch in the town of Southbridge;” and inserting in place thereof the following:- “provided further, that the registry shall operate a full-service branch in the town of Southbridge;”; and by striking out the words “provided further, that the registry may operate a full service office in the town of Milford to be operated 5 days a week;” and inserting in place thereof the following:- “provided further, that the registry shall operate a full service office in the town of Milford to be operated 5 days a week;”.
The amendment was adopted.

Messrs. Baddour and Tarr, Ms. Tucker and Mr. McGee moved that the bill be amended in section 2, in item 8910-0619, by striking out the figure “$42,030,942” and inserting in place thereof the following figure:- “$43,327,484”.
The amendment was adopted.

Messrs. Knapik, Lees, and Buoniconti moved that the bill amended in section 2, in item 8910-1000, by striking out the figures “$850,000” and inserting in place thereof the following figures:- “$1,198,345”.
The amendment was adopted.

Messrs. Tisei, Lees, Knapik, Tarr, Hedlund and Brown moved that the bill be amended in section 2, in item 8315-1020, by inserting after the words “regular work shift;” the following:- “provided further, that the department shall provide a full waiver of the inspection fee for those individuals who require a wheelchair lift as a medical necessity and whose annual income does not exceed the maximum allowable federal SSI benefit, or $7,236 a year, whichever is greater;”
The amendment was adopted.

Mr. Timilty moved that the bill be amended in section 2, in item 8000-0000, by adding at the end thereof the following: - “provided further, that $500,000 shall be available to acquire through procurement, a pilot program to enhance the public safety of the Commonwealth. Said pilot program shall be established to implement technologies and systems to protect public health and safety in the transportation of hazardous materials; provided, that said pilot program shall establish, implement and administer a uniform registration, permitting, tracking, location and recovery program for persons who transport hazardous material or hazardous waste by motor vehicle on the public highways in interstate or intrastate commerce; provided, that said pilot program assess the feasibility of implementation and effectiveness of the registration; permitting; tracking; location and recovery, integrated with the Executive Office of Public Safety, of hazardous materials in the Commonwealth; provided further, that any vendor engaged contractually by said executive office must have prior experience with recovery infrastructure and automatic and direct integration with law enforcement agencies in the Commonwealth,”; and by striking the figure “$2,345,873” and inserting in place thereof the following figure: - “$2,845,873”.
The amendment was adopted.

Messrs. Tarr and Barrios moved that the bill be amended in section 2, in item 8000-0010 by inserting after the words “fiscal year 2003” the following:- “provided further, that no community shall receive a grant in fiscal year 2007 which is less than that received in fiscal year 2006;”.
The amendment was adopted.

Messrs. Brown, Lees, Hedlund, Knapik, Tarr, Tisei, O'Leary, Timilty and Brewer and Ms. Spilka, Ms. Fargo moved that the bill be amended in section 2, in item 8000-0125, by inserting after the word “registry” the words:- “; provided further, that the $75 registration fee paid by the convicted sex offenders be directed from the General Fund to the Sex Offender Registry Board to be used to expand the victim services unit;”.
The amendment was adopted.

Mr. Hedlund moved that the bill be amended in section 2, in item 8100-0000 by inserting, after the words “town of Plymouth;” the following: - “provided further that not less than $75,000 shall be expended for State Police Patrols in Wompatuck State Park located in the town of Hingham”.; and in section 2, in item 8100-0000, by striking out the figure “$216,431,717” and inserting in place thereof “$216,506,717”.
The amendment was adopted.

Mr. Pacheco moved that the bill be amended in section 2, in item 8800-0001 by adding after “2005” the following words:- “provided further that not less than $25,000 shall be expended for the City of Taunton as a result of costs incurred as a result of the October 2005 floods;” and by striking out the figure “$1,679,591” and inserting in place thereof the following figure:- “$1,704,591”.
The amendment was adopted.

Messrs. Knapik, Tarr and Barrios moved that the bill be amended in section 2, by striking out item 8000-0619 and inserting in place thereof the following item:-

“8000-0619
For the distribution of grants for city and fire district student awareness of fire education programs, to be known as S.A.F.E. programs, which shall include information about the fire risks caused by smoking; provided further, that funds may be expended by the Department of Fire Services for the purpose of performing grant related services and training ………………………………………………..$1,078,666”
The amendment was adopted.

Messrs. Lees and Rosenberg moved that the bill be amended in section 2, in item 0330-0300 by striking out “November 1, 2006” and inserting in place thereof the following date:- “April 1, 2007”.
The amendment was adopted.

Mr. Rosenberg moved that the bill be amended in section 2, in item 0330-0441, by striking out the figure $500,000” and inserting in place thereof the following figure:- “540,000”.
The amendment was adopted.

Ms. Wilkerson and Mr. Creedon moved that the bill amended in section 2, in item 8000-0110 by striking out the wording and inserting in place thereof the following wording:-

“For the operation of the criminal history systems board; provided, that the board shall fund 1 administrative assistant who shall be employed in the victim services unit of the board for the continued and enhanced operation of the post-conviction victim and witness certification program operated pursuant to chapter 258B and clause (c) of the first paragraph of section 172 of chapter 6 of the General Laws; provided further, that said victim services position shall be in addition to any such positions approved as of February 1, 1998; provided further, that not more than $75,000 shall be expended for the purpose of enabling local housing authorities access to criminal offense information when qualifying applicants for state-assisted housing; provided further, that the board shall, not later than September 30, 2006, adopt regulations to: a) assure that the distribution of criminal offender record information relates to the individual for whom the request has been made, b) afford practical assistance in corrections to a criminal offender record information report to an individual who submits evidence to the board that one or more charges in a criminal offender record information report distributed by the board and purportedly relating to that individual, in fact, do not relate to that individual, c) limit the distribution of criminal offender record information to conviction data and data regarding any pending criminal charge, except as otherwise authorized by law, and d) require that any entity other than a criminal justice agency that receives a criminal offender record information report from the board as to an individual and, as a result of that report, is inclined to make an adverse decision as to the individual, shall, before making a final decision, afford the individual an opportunity to dispute the accuracy and relevance of the criminal offender record information report; and provided further, that not later than January 1, 2007, the board shall file a report with the house and senate committees on ways and means detailing the steps the board has taken to implement the preceding proviso and the success of those steps in improving the accuracy of the criminal offender record information system”
The amendment was adopted.
As previously stated, the above amendments were considered as one, and were adopted.

There being no objection, the following amendments were considered as one and rejected, to wit:

Messrs. Brown, Timilty, Joyce and Ms. Tucker moved that the bill be amended by inserting, after Section ____, the following new section:-

“SECTION ___. Section 25 of Chapter 118G of the General Laws, as added by Section 101 of Chapter 184 of the Acts of 2002 is hereby repealed”.
The amendment was rejected.

Messrs. Tarr, Lees, Tisei, Knapik, Hedlund, Brown, Montigny, and Timilty moved that the bill be amended by inserting at the end the following sections:-

“SECTION 1. Section 4(b) of chapter 62 of the general laws is hereby amended by striking the words “Part B taxable income shall be taxed at the rate of 5.3 per cent for tax years beginning on or after January 1, 2002 ” and inserting in place thereof the following:-

“Part B taxable income shall be taxed according to the following rates:

- 5.2 per cent for the tax year beginning on January 1, 2007

“Part B taxable income shall be taxed according to the following rates:

- 5.1 per cent for the tax year beginning on January 1, 2008

“Part B taxable income shall be taxed according to the following rates:

- 5.0 per cent for tax years beginning on or after January 1, 2009

The provisions of the section 1 shall take effect only after the amounts received by each city, town and school district in funding from chapter 70 aid, additional assistance and lottery aid, so-called, equal or exceed the amounts so received in section 3 of chapter 184 of the acts of 2002, or section 3 of chapter 177 of the acts of 2001, whichever is greater in each instance.
The amendment was rejected.

Messrs. Hart and Tarr moved that the bill be amended by inserting, after Section ___, the following new Section: -

“SECTION ___. Section 1. Paragraph (b)(1) of section 22 of Chapter 141 of the Acts of 2003 is hereby amended by striking out the words “an amount not to exceed $15,000,000” and inserting in place thereof the following words:- “an amount deemed necessary to fund qualified projects pursuant to 830 CMR 63.38R.1 for a period of three years, until 2011.

“Section 2. Paragraph (b)(1) of section 24 of Chapter 141 of the Acts of 2003 is hereby amended by striking out the words “an amount not to exceed $15,000,000” and inserting in place thereof the following words:- “an amount deemed necessary to fund qualified projects pursuant to 830 CMR 63.38R.1 for a period of three years, until 2011”.
The amendment was rejected

Messrs. Lees and Timilty moved that the bill be amended by adding at the end thereof the following new sections:-

SECTION 105. Section 4 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out paragraph (b) and inserting in place thereof the following paragraph:-
(b) Part B taxable income shall be taxed at the rate of 5.15 per cent.

SECTION 106. Said section 4 of said chapter 62, as so appearing, is hereby further amended by striking out paragraph (b) and inserting in place thereof the following paragraph:-
(b) Part B taxable income shall be taxed at the rate of 5.0 per cent.

SECTION 107. Section 105 shall apply to taxable years beginning on or after January 1, 2007 but before January 1, 2008 .

SECTION 108. Section 106 shall apply to taxable years beginning on or after January 1, 2008 .
The amendment was rejected

Mr. Brown moved that the bill be amended in section 2, in item 2800-0100 by inserting the following language at the end thereof:- "No funds shall be expended for the application of herbicides to treat invasive aquatic plants within one thousand feet of a private or public drinking water supply”.
The amendment was rejected

Mr. Brown moved that the bill be amended in section 2, in item 2820-0100, in line 16 by inserting the words: - “provided further, that not less than $15,000 in appropriated funds shall be made available for providing Tiny Tot type of playground equipment for the Community Field Playground in the town of North Attleboro ”.
The amendment was rejected

Mr. Brown moved that the bill be amended by inserting, after Section _____, the following new section:-

SECTION _____. Notwithstanding any law to the contrary, the commissioner of the Department of Mental Health, with the assistance of the Commissioner of the Department of Capital Assets Management and Maintenance, shall grant, convey and deed over, without consideration, to the town of Sherborn all rights, title or other real property interests that the Commonwealth may hold as a result of chapter 251 of the Acts of 1897 and chapter 466 of the Acts of 1908, to the waters of Farm Pond in the town of Sherborn, the tributaries of such Farm Pond, and to a certain easements together with a pipeline from said Pond running underground within the Town of Sherborn, to the boundary between the town of Sherborn and the town of Medfield, heretofore used to convey such waters to the now closed Medfield State Hospital, for the Town of Sherborn to have and to hold, for public recreation, water supply and fire protection purposes.
The amendment was rejected

Ms. Jehlen and Mr. Barrios moved that the bill be amended in section 2, in item line item 2820-0100 by striking out the figure $24,349,586” and inserting in place thereof the figure “$24,449,586” and by inserting after the word “Lynn;” the following:- “provided further that $100,000 shall be expended for the improvement of Saxton J. Foss Park in the city of Somerville”.
The amendment was rejected

Mr. Havern moved that the bill be amended in section 2, in item 7004-0099, by adding at the end thereof the following: “provided that $200,000 be expended for the purpose of restoration of the Grand View Farm in the Town of Burlington”; and in said item, by striking out the figures “$8,262,633” and inserting in place thereof the figures “$8,462,633”.
The amendment was rejected

Mr. Havern moved that the bill be amended in section 2, in item 2800-0100, by adding at the end thereof the following: - “provided that $20,000 shall be expended for the improvements to Manning Park in the Town of Billerica ; and in said item by striking out the figures “$5,968,515” and inserting in place thereof the figures “$5,988,515”.
The amendment was rejected

Mr. Havern moved that the bill be amended in section 2, in item 2800-0100, by adding at the end thereof the following: - “provided further, that $100,000 shall be expended for improvements to the Vietnam Veterans Park in the Town of Billerica ” and in said item by striking out the figures “$5,968,515” and inserting in place thereof the figures “$6,068,515”.
The amendment was rejected

Mr. Brewer moved that the bill be amended in section 2, in item 2000-0100, by adding at the end thereof the following:- “; provided further, that not less than $10,000 shall be expended to the South Royalston Improvement Corporation for the construction of a security fence;”.
The amendment was rejected

Mr. Brewer moved that the bill be amended in section 2, in item 2260-8870, by adding at the end thereof the following:- “; provided further, that not less than $100,000 shall be expended by the Department on a Special Project to address the property generally known as Spencer Auto Salvage, to (a) remove hazardous wastes, solid wastes and contaminated soil, on-site, and (b) mitigate, off-site, the impacts from such wastes and soil upon household drinking water supplies which have caused them to have contaminants which exceed Safe Drinking Water Standards;”.
The amendment was rejected

Mr. Tarr moved that the bill be amended in section 2, in item 2800-0100, by inserting after the words “Nantasket Beach Reservation”, the following:- “and provided further, that not less than $100,000 shall be expended for the purchase of trail maintenance equipment and materials at Bradley Palmer State Park”.
The amendment was rejected

Messrs. Lees and Buoniconti moved that the bill be amended in section 2, in item 2810-0100 by inserting at the end thereof the following words:- “; provided further, that not less than $400,000 shall be expended for the Greenleaf Community Center in Springfield;”.
The amendment was rejected

Mr. Tarr moved that the bill be amended in section 2, in item 2000-0100, by inserting after the words “Coalition for Buzzards Bay”, the following:- “and provided further, that not less than $300,000 shall be expended for the planning, design and completion of construction plans for a multi-use trail extending between the commuter rail facility and Crane’s Beach in the Town of Ipswich, provided further that such trail shall interconnect to the extent possible with existing trails and that the project leverage at least 50% of its total cost for planning, design and construction in matching resources”.
The amendment was rejected

Mr. Tarr moved that the bill be amended in section 2, in item 2800-0101 by inserting after the words “Upper Mystic Lake in Winchester” the following:- “provided further, that not less than $400,000, subject to a 1:1 match from the town, shall be expended for the planning, design and construction of bedrock wells in the town of Rockport in order to alleviate chronic water shortages in said town;”; and by striking the figure “$2,349,209” and inserting in place thereof the following figure:- “$2,749,209”.
The amendment was rejected

Mr. Montigny moved that the bill be amended in section 2, in item 2800-0100, by inserting after the words “Blue Hills Reservation” the following wording:- “; provided further, that not less than $125,000 shall be expended on ongoing maintenance and improvements at Fort Phoenix State Reservation in the city of Fairhaven”.
The amendment was rejected

Mr. Brown and Ms. Spilka moved that the bill be amended in section 2, in item 2820-0100, by adding the following words:- “Not less than $100,000 shall be expended for improvements and lighting at the Hunnewell Field in Natick”; and in said item by striking out the figures “$24,349,586” and inserting in place thereof the figures “24,449,586”.
The amendment was rejected

Mr. Brown and Ms. Spilka moved that the bill be amended in section 2, in item 2820-0100, by adding the following words:- “Not less than $100,000 shall be expended for environmental protection and improvements to the former gravel pit on Morse's Pond in Natick”; and in said item by striking out the figures “24,349,586” and inserting in place thereof the figures “24,449,586”.
The amendment was rejected

Mr. Brown moved that the bill be amended in section 2, in item 2800-0101, by adding the following words:- “Not less than $40,000 shall be expended for flood control on Forest Road in Millis”; and in said item by striking out the figures “$2,349,209” and inserting in place thereof the figures “2.389,209”.
The amendment was rejected

Mr. Brown moved that the bill be amended in section 2, in item 2800-0100, in line 4, by inserting after “department of conservation and recreation properties and parkways” the following:- “provided further, that $1,500,000 shall be expended for the state contribution for a recreational complex in the town of Wrentham”; and in said item by striking out the figures “$5,968,515” and inserting in place thereof the figures “$7,468,515”.
The amendment was rejected

Mr. Brown moved that the bill be amended in section 2, in item 2800-0100, by adding the following:- “; provided further, that $100,000 shall be expended for handicap accessibility at the Needham Historical Society”; and in said item by striking out the figure “$5,968,515“ and inserting in place thereof the figures “$6,068,515“.
The amendment was rejected

Mr. Brown moved that the bill be amended in section 2, in item 2820-0100, by adding the end thereof following:- “Not less than $50,000 shall be expended for emergency safety repairs at Oak Grove Farm Playground in Millis”; and in said item by striking out the figures “$24,349,586” and inserting in place thereof the figures “24,399,586”.
The amendment was rejected

Ms. Resor, and Ms. Creem and Messrs. Tarr, Timilty, Brewer, Pacheco and Creedon, Ms. Spilka and Ms. Jehlen moved that the bill be amended in section 2, by inserting after line item 2000-0900 the following new item:-

“2000-9901
For the development of a comprehensive statewide digital data layer of land use/land cover and related services necessary to develop this data layer...............$400,000”.
The amendment was rejected

Mr. Joyce moved that the bill be amended in section 2, in item 2800-0100, by inserting after the word “Lowell”:-“; and provided further, that not less then $1,000,000 shall be expended for improvements along the Blue Hills Parkway, including but not limited to infrastructure and road improvements, signalization, sidewalks, lighting, safety and aesthetic improvements, in the Town of Milton”.
The amendment was rejected

Mr. Joyce and Mr. Morrissey moved that the bill be amended in section 2, in item 2330-0100, by inserting after the word “Bedford”:- “; provided further, that $100,000 shall be expended for the design and construction of a permanent bandstand or gazebo on the grounds of sunset lake in the town of Braintree”.
The amendment was rejected

Mr. Joyce and Mr. Morrissey moved that the bill be amended in section 2, in item 2800-0101, by inserting after the word “Clinton”:- “; provided further, that not less than $250,000 shall be expended to the town of Braintree for a hydrologic project in the watershed area”.
The amendment was rejected

Ms. Jehlen moved that the bill be amended in section 2, in item in item 8100-0007, by adding at the end thereof, the following:- “provided, that the amount of not less than $60,000 shall be expended for patrols for the State Police Marine Unit for the Mystic Lakes”, and by striking out the figure $13,010,782” and inserting in place thereof the figure “$13,070,782”.
The amendment was rejected

Mr. Joyce moved that the bill be amended in section 2, in item 2800-0100, by inserting after the word “Reservation”:- “; provided further, that $500,000 shall be expended for study and design services for purposes of recreational development and use of land within and adjacent to the Blue Hills Reservation in the town of Canton”.
The amendment was rejected

Mr. Brewer moved that the bill be amended in section 2, in item 2000-0100, by inserting at the end the following:- “provided further, that $50,000 shall be expended for the town of Holland to address invasive weeds and sediment at Hamilton Reservoir”.
The amendment was rejected

Mr. Brewer and Ms. Resor moved that the bill be amended by inserting, after Section 104, the following new Section:-

“SECTION __. Notwithstanding any general or special law or regulation to the contrary, the state comptroller shall grant a permanent waiver or exemption from any and all applicable charges or assessments made against the Water Supply Protection Trust by the Office of the Comptroller pursuant to its authority under sections 5D and 6B of chapter 29 of the General Laws. Any charges or assessments made against the Water Supply Protection Trust pursuant to the aforementioned sections shall be refunded to the Trust forthwith”.
The amendment was rejected.

Mr. Joyce moved that the bill be amended in section 2, in item 2820-0100, by inserting after the word “Boston”:- “; provided further, that $250,000 shall be expended for the improvement of recreational sites in the town of West Bridgewater”.
The amendment was rejected

Mr. Joyce moved that the bill be amended in section 2, in item 2800-0600, by inserting after the word “Day”:- “; provided further, that not less shall $100,000 shall be expended to the Town of Randolph for capital improvements to the Joseph J. Zapustas Arena”.
The amendment was rejected

Mr. Hart moved that the bill be amended in section 2, in item 2820-0100 by inserting, after the words “DCR Lynn Shore drive facility” the following:- “provided further, that no less than $600,000 shall be expended for a study of the Schaffer paper site in Dorchester;”.
The amendment was rejected

Mr. Hart moved that the bill be amended in section 2, in item 2820-0100 by inserting, after the words “ DCR Lynn Shore drive facility” the following:- “provided further, that no less than $250,000 shall be expended for the restoration of Richardson Park in Dorchester;”.
The amendment was rejected

Mr. Nuciforo moved that the bill be amended in section 2, in item 2200-0100, by inserting after the words “chapter 21A of the General Laws”, the following words:- “provided further that not less than $50,000 be available for a conservation agent in Berkshire County ”.
The amendment was rejected

Mr. Baddour moved that the bill be amended in section 2, in item 2800-0100 by inserting after the words “Blue Hills Reservation;” the following:- “provided further, that $250,000 be expended to enhance the park land and construct the boat ramp at the land on Route 110 Methuen known as the ‘Beas’ site”.
The amendment was rejected

Mr. Nuciforo moved that the bill be amended by inserting after section 104, the following new section:-

SECTION 105. Item 2100-2012 of chapter 236 of the acts of 2002 is hereby amended by striking out, in line 29, the words "that $1,200,000 shall be expended for capital repairs and improvements to the Vietnam Veterans Skating Rink in the town of North Adams" and inserting in place thereof the following words: "the department of conservation and recreation is hereby authorized to grant to a lessee procured in accordance with the authorization of section 30 of chapter 88 of the acts of 2001 up to $900,000 as a reimbursement grant on a $2 to $1 ration for every dollar invested by said lessee in improvements and replacements to the Vietnam Veterans Skating Rink in the town of North Adams”.
The amendment was rejected

Messrs. Tolman and Barrios moved that the bill be amended in section 2, in item 2820-0100, by adding at the end thereof the following:- “provided further, that not less than $150,000 shall be expended for costs associated with the design and construction of the Charles River Skatepark in the City of Cambridge ”.
The amendment was rejected

Mr. Baddour moved that the bill be amended by inserting after Section ___, the following new Section: -

“SECTION ___. Said section 2 of said chapter 45 of the Acts of 2005, as so appearing, is hereby further amended in line item 2000-0100, by deleting the words “for Salisbury Beach ” after “new flood insurance rate maps” and inserting in place thereof the words, “as a grant to the Town of Salisbury ”.
The amendment was rejected

Mr. Knapik moved that the bill be amended in section 2, in item 2820-0100 by inserting after the words “Fellsmere Pond;” the following:- “provided further, that not less than $52,000 shall be expended for shorefishermen, boat ramp, and parking improvements at Pequot Pond in Westfield ”.
The amendment was rejected

Ms. Spilka moved that the bill be amended in section 2, in item 2800-0101, by inserting at the end thereof the following language:-“provided further, that $100,000 shall be expended to Medway for an environmental protection grant”.
The amendment was rejected

Mr. Tisei moved that the bill be amended in section 2, in item 2800-0200, by striking out the figure “$6,050,000” and inserting in place thereof the following figure:- “$7,500,000”.
The amendment was rejected

Messrs. Tisei and Brown moved that the bill be amended in section 2, in item 2800-0100, by inserting after the words “ongoing renovations;” the following:- “provided further, that notwithstanding any general or special law to the contrary, the proceeds of any sale of the building owned by the department of conservation and recreation and located at 20 Somerset Street in the city of Boston shall be distributed in equal allotments to the cities and towns that constitute the metropolitan parks district, as defined in section 33 of chapter 92 of the General Laws;”.
The amendment was rejected

Mr. Tolman moved that the bill be amended in section 2, by inserting after item 2800-0401 the following item:

“2800-0402
Provided further that a pilot project or projects shall be undertaken by the department at sites chosen by the department, utilizing new technologies that offer street level, midstream (underground) or end of pipe solutions, already tried and demonstrated to be effective in other states and is recognized as a best management practice by the federal environment protection agency, to eliminate or significantly diminish or remove debris, both hydrocarbons and bacteria from storm water flowing into rivers, beaches or wetlands, that add no chemicals to such outflow, is non-leaching, is absorbent, non-mechanical, with minimal construction required and can be easily maintained and disposed of; the department if it wishes may work with cities and towns on this pilot project…………………………………$200,000”.
The amendment was rejected

Mr. Buoniconti moved that the bill be amended in section 2, in item 2000-0100 by inserting the following:- “and provided further, that not less than $75,000 be expended for the design of a handicap accessible public access trail at Pynchon Point in the city known as the Town of Agawam;”.
The amendment was rejected

Messrs. Brewer, Knapik, Moore, Tarr, Timilty, Nuciforo, Creedon and Ms. Resor and Ms. Creem and Ms. Fargo moved that the bill be amended in section 2, in item 2300-0101, by striking out the figure “$523,547” and inserting in place thereof the following figure:- “$570,000”.
The amendment was rejected

Messrs. Brewer, Tarr, Nuciforo, Creedon and Ms. Resor and Ms. Creem moved that the bill be amended in section 2, by inserting after item 2310-0306 the following item:-

“2310-0310
For the operation of the natural heritage and endangered species program . …………………………………………………………………….$300,000”.

The amendment was rejected

Messrs. Brewer, Tarr, Creedon and Ms. Resor moved that the bill be amended in section 2, by inserting after item 2310-0200 the following new item:-

“2310-0300
For the implementation of the Comprehensive Wildlife Conservation Strategy …..………………………………………………………………$800,000”.
The amendment was rejected

Mr. Creedon and Ms. Fargo, Ms. Chandler and Mr. Timilty moved that the bill be amended in section 2, in item 2260-8870 by striking the figure “$15,620 275” and inserting in place thereof the following figure:- $18,466,883.
The amendment was rejected

Messrs. Tolman and Pacheco moved that the bill be amended by striking out Section 93.
The amendment was rejected

Mr. Tolman moved that the bill be amended in section 2, in item 2820-2000, by adding at the end thereof the following:- “That no less than $100,000 be expended for maintenance and snow removal of the Watertown Bike Path”.
The amendment was rejected

Mr. McGee moved that the bill be amended in section 2, in item 2800-0100, by adding the following wording: ; and provided further that $40,000 shall be expended for aquatic nuisance control in Sluice Pond and Flax Pond in the city of Lynn.
The amendment was rejected

Messrs. McGee and Tisei moved that the bill be amended in section 2, in item 2820-0100, by adding the following: “provided further, that $150,000 be expended for the replacement of lights surrounding the recreational fields adjacent to the Lynn Fells Parkway in the City of Melrose ”.
The amendment was rejected

Mr. O'Leary moved that the bill be amended in section 2, in item 2800-0100, by inserting after “at least 30 days before closing any facility owned or operated by the department”, the following:- “provided further, that not less than $60,000 shall be expended for the Martha’s Vineyard Commission”.
The amendment was rejected

Mr. O'Leary moved that the bill be amended in section 2, in item 2000-0100 by inserting after the words “meet at least until the final written action planis completed” the following:- “; provided further, that $300,000 shall be expended to the town of Barnstable to secure a parcel of land referred to as Freezer Point in Barnstable harbor”.
The amendment was rejected

Ms. Spilka moved that the bill be amended in section 2, in item 2820-0100, by inserting after the words “Lynn Shore drive facility;” the following language:- “provided further, that not less than $200,000 shall be expended to reconstruct the parks and fields in the Town of Medway;”.
The amendment was rejected

Ms. Spilka moved that the bill be amended in section 2, in item 2820-0100, by inserting after the words “Lynn Shore drive facility;” the following language:- “provided further, that not less than $90,000 shall be expended for renovation of Stone Park in the Town of Ashland;”.
The amendment was rejected

Ms. Spilka moved that the bill be amended in section 2, in item 2820-0100, by inserting after the words “Lynn Shore drive facility;” the following language:- “provided further, that not less than $30,000 shall be expended for improvements at Tercentennial Park in the Town of Framingham;”.
The amendment was rejected

Messrs. Brewer and O’Leary moved that the bill be amended in section 2, in item 2320-0100 by striking out the figure “620,123” and inserting in place thereof the following figure:- “650,866”.
The amendment was rejected

Mr. Tolman and Ms. Fargo moved that the bill be amended in section 2, by inserting after item 2800-0101 the following item:

“2800-0102
To alleviate regional flooding conditions in the Towns of Arlington, Belmont and Lexington and the City of Waltham :

(a) Notwithstanding any general or special law to the contrary, the Commissioner of the Department of Conservation and Recreation shall construct the Beaver Brook Flood Mitigation Project, including an extension of a culvert system across Beaver Brook, construction of a relief culvert and related work in the vicinity of Linden Street and Waverly Oaks Road in the City of Waltham, construction at Beaver Brook Flood Mitigation Project-Reach II in the vicinity of Mill Street and the reconstruction the Duck Pond Dam and Mill Pond Dam and related work in the City of Waltham and the Town of Belmont. The purpose of this item is to alleviate regional flooding conditions in the Towns of Arlington, Belmont and Lexington and the City of Waltham .

(b) To meet the expenditures necessary to carry out the provisions of this item, the state treasurer, upon request of the Governor, shall issue and sell bonds of the Commonwealth, in amounts specified by the Governor from time to time, not exceeding in the aggregate the sum of $8,500,000. All bonds issued by the Commonwealth, as aforesaid, shall be designated on their face, Beaver Brook Flood Control Program Loan, Act of 1999, and shall be issued for such maximum term of years not exceeding 20 years as the Governor may recommend to the General Court pursuant to section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June 30, 2020 . Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provisions of this item, be general obligations of the Commonwealth.

(c) The State Treasurer may borrow from time to time on the credit of the Commonwealth such sums of money in an amount not to exceed $8,500,000 as may be necessary for the purpose of making payments authorized by this item and may issue and review from time to time notes of the Commonwealth therefore, bearing interest payable at such time and at such rates as shall be fixed by said Treasurer. Such notes shall be issued and may be renewed one or more times for such term, not exceeding one year, as the Governor may recommend to the General Court in accordance with section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturity date of such notes, whether original or renewal, shall be not later than June 30, 2005 . Notwithstanding any other provisions of this item, notes and interest thereon issued under the authority of this item shall be general obligations of the Commonwealth”.
The amendment was rejected.

Mr. Lees moved that the bill be amended in section 2, in item 2800-0401 by striking out the figure “$950,000” and inserting in place thereof the following figure “$1,500,000”.
The amendment was rejected

Mr. Hedlund moved that the bill be amended in section 2, in item 2000-0100 by inserting, after the words “coastal trails system;” the following: - “provided further, that not less than $260,000 be allocated for studies, surveys and test dredging in Hingham Harbor ”.
The amendment was rejected

Mr. Hedlund moved that the bill be amended in section 2, in item 2000-0100 by inserting, after the words “Coalition for Buzzards Bay;” the following :- “provided further, that not less than $450,000 shall be expended for the design and construction of a water treatment plant in the Town of Norwell;” and by striking out the figure “6,883,150” and inserting in place thereof “7,333,150”.
The amendment was rejected

Mr. Hedlund moved that the bill be amended in section 2, in item 2810-0100 by inserting, after the words “Schooner Ernestina commission;” the following: - “provided further that $500,000 shall be expended for the demolition of the abandoned Naval Annex Buildings located on 125 acres adjacent to Wompatuck State Park in the town of Hingham”.
The amendment was rejected

Mr. Hedlund moved that the bill be amended in section 2, in item 2820-0100 by inserting, after the words “southwest corridor park;” the following: - “provided further, that $250,000 shall be expended for the maintenance of a linked trail system for local and state parks along the Back River in the towns of Weymouth and Hingham”.
The amendment was rejected

Mr. Hedlund moved that the bill be amended in section 2, in item 2800-0500 by inserting, after the words “Nahant Beach Reservation;” the following: - “provided further, that not less $150,000 shall be expended for the maintenance, trash removal, and up keep for Nantasket Beach in the Town of Hull ”.
The amendment was rejected

Mr. Hedlund moved that the bill be amended in section 2, in item 2820-0100 by inserting, after the words “Fellsmere Pond;” the following: - “provided further, that not less than $168,500 shall be expended for the repair of the Cadish Avenue Seawall in the Town of Hull ”.
The amendment was rejected

Mr. Hedlund moved that the bill be amended in section 2, in item 2820-0100 by inserting, after the words “Fellsmere Pond;” the following: - “provided further, that not less than $329,500 shall be expended for the repair of the Green Hill Seawall and bluff stabilization in the Town of Hull ”.
The amendment was rejected

Mr. Hedlund moved that the bill be amended in section 2, in item 2820-0100 by inserting, after the words “Fellsmere Pond;” the following: - “provided further, that not less than $100,000 shall be expended for the study and repair of the James Avenue Seawall in the Town of Hull ”.
The amendment was rejected

Mr. Hedlund moved that the bill be amended in section 2, in item 2820-0100 by inserting, after the words “Fellsmere Pond;” the following: - “provided further, that not less than $237,000 shall be expended for the repair of the Stoney Beach Seawall in the Town of Hull ”.
The amendment was rejected

Ms. Creem and Ms. Resor moved that the bill be amended in section 2, in item 7007-0900, by adding the following: “provided further, that not less than $100,000 shall be expended for Boston Green Tourism, so-called, to develop and market Greater Boston’s visitor industry as an environmentally-attractive destination for meetings and tourists, thereby stimulating business growth and environmental improvement”.
The amendment was rejected

Ms. Creem and Mr. Brown moved that the bill be amended in section 2, in item 2820-0100 by adding the following:- “provided, further, that not less than $250,000 shall be expended for the Echo Bridge safety program in the city of Newton and town of Needham ;”.
The amendment was rejected

Mr. Brown moved that the bill be amended in section 2, in item 7004-9005, in line 22, by inserting after “item;” the following words:- “provided further, that $1,000,000 shall be expended for deferred maintenance and renovation of properties under the control of the Wellesley Housing Authority;”; and in said item by striking out the figures “43,113,590” and inserting in place thereof the figures “44,113,590”.
The amendment was rejected

Mr. Brown and Ms. Spilka moved that the bill be amended in section 2, in item 7000-9501, by inserting after the words “immediately proceeding” the following:- “provided further that not less than $100,000 shall be expended for historic preservation repairs at the Bacon Free Library in Natick”.
The amendment was rejected

Mr. Brown and Ms. Spilka moved that the bill be amended in section 2, in item 7004-9005, by adding the following words:- “Not less than $37,148 shall be expended for a water Cross Connection Program at the Natick Housing Authority”; and in said item by striking out the figures “$43,113,590” and inserting in place thereof the figures “$43,150,738”.
The amendment was rejected

Ms. Tucker moved that the bill be amended in section 2, in item 7004-0099 by inserting after the words “town of Hopedale ;” the following:- “provided further, that not less than $100,000 shall be expended for Lazarus House in Lawrence ”.
The amendment was rejected

Ms. Tucker moved that the bill be amended in section 2, in item 7004-0099 by inserting after the words “town of Hopedale ;” the following:- “provided further, that not less than $1,000,000 shall be expended for Our House for Design and Technology in Lawrence ”.
The amendment was rejected.

Ms. Tucker moved that the bill be amended in section 2, in item 7007-0900 by inserting after the words “Cranberry Harvest Map;” the following:- “provided further, that $500,000 shall be expended for the South Canal Improvement project in the city of Lawrence ”.
The amendment was rejected

Ms. Tucker moved that the bill be amended in section 2, in item 7007-0900 by inserting after the words “Cranberry Harvest Map;” the following:- “provided further, that $1,000,000 shall be expended to establish public access and a new riverfront walking and cycling path along the south side of the Merrimack river in the city of Lawrence ”.
The amendment was rejected

Mr. Brewer moved that the bill be amended in section 2, in item 7007-0900, by inserting at the end the following wording:- “; provided further, that $50,000 shall be provided to the Barre Historical Society for the Stagecoach restoration”.
The amendment was rejected

Mr. Brewer moved that the bill be amended in section 2, in item 7007-0900, by inserting at the end the following:- “; provided further; that not less than $1,000,000 shall be expended for Old Sturbridge Village to implement its strategic plan for the upgrade of technology, transportation, exhibits and visitor activities;”; and by striking the figure “20,605,032” and inserting in place thereof the following figure:- “21,605,032”.
The amendment was rejected

Mr. Brewer moved that the bill be amended in section 2, in item 7007-0900, by inserting at the end thereof the following wording:- “provided further, that $25,000 shall be expended to the Spencer Veterans’ Memorial in the Town of Spencer ;”.
The amendment was rejected

Mr. Brewer moved that the bill be amended in section 2, in item 7007-0900, by inserting at the end the following wording:- “; provided further, that a $100,000 matching grant be provided for the Mass Central Rail Trail Churnock Hill Rd. Tunnel Project, located in Rutland”.
The amendment was rejected

Messrs. Moore, Brewer, Brown and Tarr moved that the bill be amended by adding at the end thereof the following new section:-

SECTION ___. MassDevelopment Revenue and Accountability Act

Section 1. Clause 16 of section 3 of chapter 23G of the General Laws, as appearing in the Official 2000 Edition, is hereby amended by adding the following at the end thereof: “; provided, however, the Agency shall be required to remit to the General Fund annually an amount of not less than five hundred thousand Dollars from revenues received by the Agency”.

Section 2. Clause 23 of section 3 of chapter 23G of the General Laws, as appearing in the Official 2000 Edition, is hereby amended by adding the following at the end thereof: “;provided, however, that the Agency, upon the land owned or operated by the Agency that was previously operated by or on behalf of the federal government as “Fort Devens,” shall at all times be required to provide for the maintenance, full use, and enjoyment of transitional or permanent housing facilities for the homeless, or those at risk of being homeless, to be operated by Applicants whose application for the use of buildings, facilities, and/or land at the former Fort Devens was allowed, granted, and/or approved by the United States Department of Housing and Urban Development, the United States Department of Defense, or any other agency of the United States Government, and such housing facilities and services are to be provided within or on the land, buildings, residential units, administrative offices, and playground facilities identified in the applications submitted by such Applicants. If such land, buildings, residential units, administrative offices, and playground facilities identified in the applications submitted by such Applications are not habitable because of environmental contamination, the Agency shall provide the equivalent land, buildings, residential units, administrative offices, and playground facilities elsewhere in the property formerly known as Fort Devens. The Agency shall not assess against or collect from such Applicants any rental payments, taxes, user fees, education fees, or any other form of charge payable to the Agency or any third party, except for the actual costs paid or incurred by the Agency in connection with the provision of utilities to Applicants or their residents, but only if separately and individually metered by residential or administrative unit. The Agency shall not interfere with the management, programs or any other aspect of the operations of the Applicants’ housing facilities or services. For the purposes of this subsection, “Applicants” shall mean each and every applicant who submitted an application to the United States Department of Housing and Urban Development, the United States Department of Defense, or any other agency of the United States Government for the use of any land, building, office, playground, or other property at the former Fort Devens, including such applicants’ successors and assigns.

Section 3. Section 10 of chapter 23G of the General Laws, as appearing in the Official 2000 Edition, is hereby amended by striking the word “biennial” and substituting in place thereof the word “annual” and by adding the following at the end thereof: “; provided, however, that the Agency shall at all times be required to maintain detailed books and records of all legal and other professional fees and expenses incurred by outside counsel or other professionals retained by or on behalf of the Agency, including (i) copies of all invoices for fees and expenses, which invoices shall include detailed entries for all time incurred by such outside counsel or other professionals and (ii) a written disclosure of any personal or professional relationships between said outside counsel or other professionals and any officer, director, or employee of the Agency; such books and records shall be subject to review immediately upon request of the house or senate committees on ways and means”.

Section 4. Section 17 of chapter 23G of the General Laws, as appearing in the Official 2000 Edition, is hereby amended by adding at the end of the second paragraph therein the following: “Prior to the disposition of any state surplus lands or any interest therein acquired by the Agency, the Agency shall file with the house and senate committees on ways and means a written disclosure detailing with specificity any personal or professional relationships between any officer, director, or employee of the Agency and any party involved with said disposition, including any purchaser, outside counsel or other professional involved with the disposition. The Agency shall, within thirty days of any request by the house or senate committees on ways and means, provide such committees with a detailed summary of all legal and other professional fees and expenses incurred by outside counsel or other professionals retained by or on behalf of the Agency in connection with any such disposition”.

Section 5. Section 34 of chapter 23G of the General Laws, as appearing in the Official 2000 Edition, is hereby amended by adding the following at the end thereof: “; Such annual report shall also include (i) a detailed summary of all legal, state and federal lobbying, and other professional fees and expenses incurred by outside counsel or other professionals retained by or on behalf of the Agency and (ii) a written disclosure of any personal or professional relationships between said outside counsel, lobbyists, or other professionals and any officer, director, or employee of the Agency”.
The amendment was rejected

Mr. Tarr moved that the bill be amended in section 2, in item 7004-0099, by inserting after the words, “Worcester Housing Authority” the following:-“provided further, that not less than $192,000 shall be expended for the planning, design and construction of affordable housing on the Mullen Property, so-called, in the Town of West Newbury,”.
The amendment was rejected

Ms. Menard moved that the bill be amended in section 2, in item 7003-0702 by inserting after the words “job training and placement” the following words:- “; provided further, that not less than $50,000 shall be expended for a human service academy pilot program to be operated by People Inc. of Fall River”.
The amendment was rejected

Mr. Tarr moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words, “Cranberry Harvest Map” the following:-“provided further, that a one-time grant of $500,000, subject to a 1:1 match, be awarded to the North Shore Music Theatre for restoration of the theatre”.
The amendment was rejected

Mr. Tarr moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words, “Cranberry Harvest Map” the following:-“provided further, that not less than $100,000 shall be expended for the planning, design and conversion to town offices at the Woodbridge School in Newbury”.
The amendment was rejected

Ms. Chandler moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “Salisbury Beach;” the following words:- “provided that $35,000 shall be expended for a public safety grant in the town of Berlin”.
The amendment was rejected.

Messrs. Lees, Tisei and Hedlund moved that the bill be amended in section 2, in item 7002-0500 by inserting at the end thereof the following:- “; provided further, clause twenty-sixth of section 7 of chapter 4 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended in subparagraph (c) by inserting after the word “information” in line 141 the following:- “relating to the medical condition, health status or home address of any employee, including, but not limited to, documentation relating to employees injured during the course of their employment”.
The amendment was rejected

Messrs. Lees and Buoniconti moved that the bill be amended in section 2, in item 7003-0702 by inserting at the end thereof the following:-“; provided further, that $100,000 shall be provided to the Affiliated Chambers of Commerce of Greater Springfield, Inc. for the operation of the Technical Assistance Program”.
The amendment was rejected

Mr. Lees moved that the bill be amended in section 2, in item 7007-0900 by inserting at the end thereof the following:-“; provided further, that not less than $100,000 shall be provided for improvements to the Granby Town Hall”.
The amendment was rejected

Messrs. Lees, Knapik and Buoniconti moved that the bill be amended in section 2, in item 7007-0900 by inserting at the end thereof the following:-“; provided further, that not less than $50,000 shall be expended for the Citizen Advocacy Project in Springfield;”.
The amendment was rejected.

Mr. Tarr moved that the bill be amended in section 2, in item 7007-0900 by inserting after the words “Cranberry Harvest Map” the following:-“provided further, that not less than $150,000 shall be expended for the historic preservation of the Ipswich Public Library;”.
The amendment was rejected

Ms. Chandler and Ms. Jehlen moved that the bill be amended in section 2, in item 7003-0702, by striking out the figure “$250,000” and inserting in place thereof the following figure:-“$300,000”.
The amendment was rejected

Ms. Chandler moved that the bill be amended in section 2, in item 7004-0099, by inserting after the words “town of Hopedale” the following words:-“provided further, that $61,200 shall be expended for the Worcester housing program”.
The amendment was rejected

Ms. Chandler moved that the bill be amended in section 2, in item 7004-0099, by inserting after the words “town of Hopedale” the following words:-“provided further, that $50,000 shall be expended for the Lincoln Perkins Project in Worcester;”.
The amendment was rejected

Messrs. Timilty and Brown moved that the bill be amended in section 2, by inserting after item 7503-0100 the following item: -

“7503-0200
For the acquisition and renovation of new space for the purpose of expanding and enhancing the Attleboro Learning Center at Bristol Community College……..$1,000,000”
The amendment was rejected

Mr. Timilty moved that the bill be amended in section 2, in item 7004-0099, by inserting after the words “Worcester Housing Authority” the following words: - “provided further, that not less than $300,000 shall be provided to the town of Mansfield for open space planning”.
The amendment was rejected

Messrs. Timilty and Joyce moved that the bill be amended in section 2, in item 7004-0099, by inserting after the words “Worcester Housing Authority” the following words: - “provided further, that $160,000 shall be expended for the Sharon Community Center to be utilized for federal ADA compliance projects therein”.
The amendment was rejected

Messrs. Timilty and Brown moved that the bill be amended in section 2, in item 7007-0515, by inserting after the words “acts of 1998” the following words: - “provided further, that $500,000 shall be expended for the Attleboro Intermodal Transportation Center Project”, and moved to further amend said item by striking the figure “$600,000” and inserting in place thereof the following figure: - “$1,100,000”.
The amendment was rejected

Mr. Timilty moved that the bill be amended in section 2, in item 7007-0900, by adding at the end thereof the following: - “provided further, that not less than $75,000 shall be expended for the Foxborough geriatric program”.
The amendment was rejected

Mr. Montigny moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “Merrimack Valley Economic Development Council” the following wording:-“; provided further, that not less than $500,000 shall be expended for the Frederick Douglass House in the city of New Bedford”.
The amendment was rejected

Mr. Montigny moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “Merrimack Valley Economic Development Council” the following wording:-“; provided further, that not less than $350,000 shall be expended for demolition of the Elco Dress factory located in the city of New Bedford”.
The amendment was rejected

Ms. Spilka moved that the bill be amended in section 2, in item 7003-0702, by inserting at the end thereof the following language:-“provided further, that not less than $50,000 shall be expended for the Blackboard Technology Initiative in the Town of Hopkinton ”.
The amendment was rejected

Ms. Spilka moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “Johnny Appleseed Visitors’ Center;” the following words:- “provided further, that not less than $200,000 shall be expended for the Ashland Vision downtown renovation and redevelopment project in the Town of Ashland;”.
The amendment was rejected

Messrs. Brown and Timilty moved that the bill be amended in section 2, in item 7007-0900, in line 20, by inserting after “Bay State Games” the following words:- “that not less than $50,000 shall be expended for the Attleboro Museum”; and in said item by striking out the figures “$20,605,032” and inserting in place thereof the figure “$20,655,032”.
The amendment was rejected

Ms. Spilka and Mr. Brown moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “Johnny Appleseed Visitors’ Center;” the following words:- “provided further, that not less than $100,000 shall be expended for the development of a long range strategic plan for the economic development in the Natick town center;”.
The amendment was rejected

Messrs. Brown and Timilty and Ms. Walsh moved that the bill be amended by adding the following new section at the end thereof:

SECTION XX. Section 3 of Chapter 747 of the Acts of 1981, as amended by chapter 383 of the Acts of 1996, is hereby further amended by inserting in line 14, after the word “units” the following words:- “or for housing for persons fifty-five years of age or older, or for commercial purposes, including, but not limited to, retail stores and restaurants”.
The amendment was rejected

Ms. Spilka and Mr. Brown moved that the bill be amended in section 2, in item 2820-0100, by inserting after the words “Lynn Shore drive facility;” the following language:-“provided further, that not less than $25,000 shall be expended for improvements at Loker Park in the Town of Natick;”.
The amendment was rejected

Ms. Spilka and Mr. Brown moved that the bill be amended in section 2, in item 2820-0100, by inserting after the words “Lynn Shore drive facility;” the following words:-“provided further, that not less than $90,000 shall be expended for improvements at the Cole Recreation Center in the Town of Natick;”.
The amendment was rejected

Mr. Joyce moved that the bill be amended in section 2, in item 7007-0900, by adding after the word “Plantation” “; and provided further, that not less then $1,000,000 shall be expended to the Milton Village Central Avenue Revitalization Committee to work in collaboration with the Town of Milton for economic revitalization in and around the Central Avenue Business District in Milton, including but not limited to infrastructure and road improvements, sidewalks, lighting, safety and aesthetic improvements”.
The amendment was rejected

Ms. Fargo moved that the bill be amended in section 2, by inserting in item 7003-0702, the following wording:-“provided further, that not less than $150,000 shall be expended for Barn-Raising.org in the town of Wayland ”.
The amendment was rejected

Ms. Spilka and Mr. Brown moved that the bill be amended in section 2, in item 2820-0100, by inserting after the words “Lynn Shore drive facility;” the following language:-“provided further, that not less than $70,000 shall be expended for improvements at Murphy Playground in the Town of Natick;”.
The amendment was rejected

Messrs. Joyce and Barrios moved that the bill be amended by inserting, after Section 103, the following new Section:-

“SECTION 104. The Massachusetts Housing Finance Agency shall establish and administer a homebuyers’ program that provides low-interest mortgages and counseling to first-time homebuyers who have graduated from a public or private Massachusetts college or university less than 7 years before the date of their application for a mortgage under this program and who purchase a home in the commonwealth”.
The amendment was rejected

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

SECTION X. Chapter 128C of the General Laws, as appearing in the 2004 official edition, is hereby amended by deleting the following language in the 4^th paragraph under Section 2, subsection 5, thereof and inserting in its place, the following language:- “No racing meeting licensee, whether acting as a guest track or host track, shall simulcast live races unless the licensee conducts a full schedule of live racing performances during a racing season except that, if the commission determines that a licensee cannot conduct a full schedule of live racing performances due to weather conditions, race track conditions, strikes, work stoppages, sickness or quarantine not within the control of the licensee, the commission may permit the licensee to continue simulcasting and, if it appears that a racing meeting licensee is or will become unable to conduct a full schedule of live racing performances, the commission shall suspend such right to simulcast until the licensee conducts or resumes a full schedule of live racing performances; provided, however, that no racing meeting licensee shall simulcast live races in any racing season unless each racing meeting licensee, with the exception of the running horse racing licensee in Suffolk county and the harness horse racing licensee in Norfolk county, in each of those racing seasons is licensed to and actually conducts not

less than a total of 150 racing performances taking place on at least 150 racing days; and provided, further, that the running horse racing meeting licensee in Suffolk county and the harness horse racing licensee in Norfolk county may simulcast live races in any racing season provided that to insure a full season of live harness horse racing in Norfolk County, the Norfolk County Licensee shall race no less than 22 live races every calendar week between March 31 and December 1 of each licensed year”.
The amendment was rejected

Mr. Joyce moved that the bill be amended by inserting after Section 103, the following new Section:-

SECTION 104. Notwithstanding the provisions of any general or special law to the contrary, $500,000 of funds appropriated and provided for in line item 0611-5510 of Chapter 149 of the Acts of 2004, as supplemented by Section 2 of Chapter 352 of the Acts of 2004, for purposes of reimbursements to cities and towns in lieu of taxes on state owned land, pursuant to sections 13 to 17B, inclusive, of Chapter 58 of the General Laws and other related acts, for fiscal year 2005 and 2006 payments, shall be allocated and paid with respect to properties described as the Blue Hills Reservation and certain properties in the town of Stoneham, as referenced in section 23 of Chapter 352 of the Acts of 2004, to the following cities and towns in the specified amounts:

Braintree ................................ $4,850
Canton ................................. $86,040
Milton ................................ $118,026
Quincy ............................... $175,556
Randolph ............................. $51,516
Stoneham ............................. $64,012
The amendment was rejected

Messrs. Joyce, Hedlund and Knapik, Ms. Fargo, Ms. Tucker, Messrs. Barrios, McGee, and Augustus moved that the bill be amended, by inserting after Section 103, the following new Section:-

“SECTION 104. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2006, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act the conditions specified in this act or in said appropriation acts and subject to laws regulating the disbursement of public funds for the fiscal year ending June 30, 2007 . The sum is said section 2 shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

Department of Housing and Community Development

7004-9005…………………………………10,748,698

Line Item 7004-9005 of said section 2 of said chapter 45 is hereby amended by inserting after the words “appropriated in this item” the following words:-; provided further, that $7,748,698 shall be expended for funds owed to local housing authorities for prior operating subsidy deficiencies; provided further, the department of housing and community development shall not expend less than $3,000,000 of the funds appropriated herein to increase by 6 per cent the department’s allowable non-utility expense levels on all housing authority budgets for elderly and family public housing effective July 1, 2005 .
The amendment was rejected

Messrs. Joyce, Hedlund and Knapik, Ms. Fargo, Ms. Tucker, Messrs. Barrios, McGee, and Augustus moved that the bill be amended in section 2, line item 7004-9005 by adding at the end thereof, the following: “; provided further, that said department shall expend not less than $1,000,000 of the funds appropriated herein to increase the non-utility allowable expense level caps, on housing authority operation budgets for elderly and family public housing, beginning with July 1 budgets for elderly and family public housing, beginning with July 1 fiscal year operating budgets and thereafter on those housing authority operating budgets with fiscal years beginning October 1, January 1, and April 1” and, in said item, by striking out the figures “43,113,590” and inserting in place thereof the figures “45,113,590”.
The amendment was rejected

Mr. Joyce moved that the bill be amended in section 2, in item 7004-9033, by striking out the figure “$2,500,000” and inserting in place thereof, the following figure:- “$3,000,000”.
The amendment was rejected

Mr. Joyce moved that the bill be amended in section 2, in item 6005-0015, by inserting after the word “program” “;and provided further, that not less then $100,000 shall be expended for platform repairs in the town of Stoughton”.
The amendment was rejected

Mr. Joyce moved that the bill be amended in section 2, in item 7004-0099, by inserting after the word “Hopedale”, “; provided further, that $1,000,000 shall be expended for repairs and improvements to the Stoughton Train Station and the surrounding central business district in the Town of Stoughton, including but not limited to infrastructure and parking improvements, sidewalks, lighting, safety and aesthetic improvements, and salaries and/or fees for professional municipal planning work related to said repairs and improvements”.

Mr. Joyce further moves to amend the bill, in section 2, in item 7004-0099, by striking out the figure “$8,262,633” and inserting in place thereof “$9,262,633”.
The amendment was rejected

Mr. Brewer moved that the bill be amended in section 2, in item 7007-0900 by inserting at the end the following:- “; provided further, that $20,000 shall be transferred to the town of Monson for the beautification of the downtown area”.
The amendment was rejected

Mr. Hart moved that the bill be amended in section 2, in item 7007-0900 by inserting after the words, “commission on travel and tourism;” the words “provided further, that not less than $3,000,000 be expended for the purpose of fostering environmental and health and fitness education, the enjoyment of Boston Harbor and the development of public access on the Boston waterfront, a payment to the Children’s Museum in connection with the construction of a certain project located on the Fort Point channel in the city of Boston; provided further, that the program of the Children’s Museum of free school group admission for the school children of the commonwealth, which program was adopted by the trustees of the museum, shall be continued for a period of not less than twenty years from the effective date of this act; provided further, that prior to such payment, the Children’s Museum shall certify that private funding commitments for said project equal to seventy-five percentage of total project costs have been secured by the Museum.
The amendment was rejected

Mr. Baddour moved that the bill be amended in section 2, in item 7007-0900 by inserting after the words “city of Cambridge ;” the following:- “provided further, that not less than $1,000,000 shall be expended for the renovation of the Haverhill Stadium;”.
The amendment was rejected

Mr. Hart moved that the bill be amended in section 2, in item 7007-0900 by inserting after the words “Cranberry Harvest Map” – “provided further that not less than $300,000 shall be expended on a matching program to encourage private and corporate donations to support the Franklin Park Zoo”.
The amendment was rejected.

Messrs. Baddour and Tarr moved that the bill be amended in section 2, in item 7007-0900 by inserting after the words “Massachusetts Sports and Entertainment Partnership;” the following:- “provided further, that not less than $150,000 be expended for improvements to the Stevens Library in North Andover”.
The amendment was rejected

Mr. Nuciforo moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “Edmund Fowle House in Watertown ” the following words:- “provided further that not less than $200,000 shall be made available to the Barrington Stage located in the City of Pittsfield ”.
The amendment was rejected

Mr. Nuciforo moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “regional tourism and economic development’ the following words:-“provided further that not less than $250,000 shall be available for the Berkshire Museum located in the City of Pittsfield”.
The amendment was rejected

Mr. Nuciforo moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “Woods Hole Film Festival” the following words:- “provided further that not less than $50,000 shall be made available to the Berkshire Opera Company”.
The amendment was rejected

Mr. Nuciforo moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “Massachusetts Sports and Entertainment Partnership” the following words:-“provided further that not less than $500,000 shall be made available to the City of Pittsfield for improvements to the downtown Pittsfield Cinema Center ”.
The amendment was rejected

Mr. Nuciforo moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “Cultural Center of Cape Cod”, the following words:- “provided further that not less than $75,000 shall be made available for the operation and maintenance of the Hancock Shaker, in the Town of Hancock ”.
The amendment was rejected

Mr. Nuciforo moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “Mayflower II in Plymouth ” the following words:-“provided further that not less than $200,000 shall be made available to the Mahaiwe Theater, in the Town of Great Barrington ”.
The amendment was rejected

Mr. Nuciforo moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “both in the city of Boston” the following words:-“provided further that not less than $1,000,000 shall be made available to the City of Pittsfield for the design and construction of infrastructure improvements to Pittsfield’s Historic Downtown”.
The amendment was rejected

Mr. Nuciforo moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “From the Top, Inc” the following words:-“provided further that not less than $200,000 shall be made available to the City of Pittsfield for the completion of Pittsfield ’s Historic Gateway Project”.
The amendment was rejected

Mr. Baddour moved that the bill be amended in section 2, in item 7007-0900 by inserting after the words “Jump Start Program;” the following:- “provided further, that not less than $50,000 shall be allocated for the Methuen geriatric safety program;”.
The amendment was rejected

Messrs. Baddour and Tarr moved that the bill be amended in section 2, in item 7007-0900 by inserting after the words “New England Aquarium;” the following:- “provided further, that not less than $100,000 be expended for the Old Center/Common project in North Andover ”.
The amendment was rejected

Messrs. Baddour, and Tarr moved that the bill be amended in section 2, in item 7007-0900 by inserting after the words “Massachusetts Sports and Entertainment Partnership;” the following:- “provided further, that not less than $20,000 be expended for a Vietnam Fallen Heroes Memorial in the town of North Andover”.
The amendment was rejected

Mr. Knapik moved that the bill be amended in section 2, in item 7004-0099 by inserting after the words “Cambridge Housing Authority Work Force Program;” the following:- “provided further, that $75,000 shall be provided to World Is Our Classroom, Inc. serving the towns of Holyoke , Westfield , Chicopee , and Greenfield ”.
The amendment was rejected

Messrs. Knapik and Lees moved that the bill be amended in section 2, in item 7003-0702 by inserting after the words “Easthampton Youth Entrepreneurship Project;” the following:- “provided further that not less than $150,000 shall be made available for the Regional Employment Board of Hampden County for a pilot program for precision machining training”.
The amendment was rejected

Mr. Tisei moved that the bill be amended in section 2, in item 7004-0099, by inserting after the words “town of Hopedale;” the following:- “provided further, that not less than $450,000 shall be expended for Bare Meadow in Reading;” and by striking out the figure “$8,262,633” and inserting in place thereof the following figure:- “$8,712,633”.

The amendment was rejected.

Mr. Tolman moved that the bill be amended in section 2, in item 7007-0900, by adding at the end thereof the following:-“provided further, that not less than $350,000 shall be expended for fixed and public safety costs for the Head of the Charles Regatta”.
The amendment was rejected

Messrs. Buoniconti, Knapik, and Tarr moved that the bill be amended by inserting the following outside section:- “Whereas rapidly escalating fuel prices constitute an eminent and growing economic threat to the Commonwealth, and whereas the Massachusetts Technology Collaborative (MTC) is mandated to support energy efficiency as well as economic development through new technologies, and whereas the internal combustion engine is a primary producer of energy in the Commonwealth and the United States and a primary polluter, and whereas increasing the efficiency of the internal combustion engine shall benefit the environment and the economy of the Commonwealth; the grant making entities operated by the MTC, including the John Adams Innovation Institute and the Renewable Energy Collaborative, shall be authorized to make grants, not to exceed and total of $4,000,000 annually, in support of Massachusetts-based public and private enterprises developing new technology to significantly increase the efficiency of the internal combustion engine”.
The amendment was rejected

Mr. Tolman moved that the bill be amended in section 2, in item 7003-0702 by adding the following at the end thereof: “provided further, that not less than $500,000 shall be expended for existing Boston youth service providers, as determined by the Boston Workforce Investment Board, who provide youth career exploration, academic support and remediation, and mentoring for at-risk youth in the city of Boston”.
The amendment was rejected

Messrs. Buoniconti, and Knapik moved that the bill be amended by inserting the following outside section:-

“Section 1. Clause 16 of section 3 of chapter 23G of the General Laws, as appearing in the Official 2000 Edition, is hereby amended by adding the following at the end thereof: “; provided, however, the Agency shall be required to remit to the General Fund annually an amount of not less than five hundred thousand Dollars from revenues received by the Agency”.

Section 2. Clause 23 of section 3 of chapter 23G of the General Laws, as appearing in the Official 2000 Edition, is hereby amended by adding the following at the end thereof: “;provided, however, that the Agency, upon the land owned or operated by the Agency that was previously operated by or on behalf of the federal government as “Fort Devens,” shall at all times be required to provide for the maintenance, full use, and enjoyment of transitional or permanent housing facilities for the homeless, or those at risk of being homeless, to be operated by Applicants whose application for the use of buildings, facilities, and/or land at the former Fort Devens was allowed, granted, and/or approved by the United States Department of Housing and Urban Development, the United States Department of Defense, or any other agency of the United States Government, and such housing facilities and services are to be provided within or on the land, buildings, residential units, administrative offices, and playground facilities identified in the applications submitted by such Applicants. If such land, buildings, residential units, administrative offices, and playground facilities identified in the applications submitted by such Applications are not habitable because of environmental contamination, the Agency shall provide the equivalent land, buildings, residential units, administrative offices, and playground facilities elsewhere in the property formerly known as Fort Devens . The Agency shall not assess against or collect from such Applicants any rental payments, taxes, user fees, education fees, or any other form of charge payable to the Agency or any third party, except for the actual costs paid or incurred by the Agency in connection with the provision of utilities to Applicants or their residents, but only if separately and individually metered by residential or administrative unit. The Agency shall not interfere with the management, programs or any other aspect of the operations of the Applicants’ housing facilities or services. For the purposes of this subsection, “Applicants” shall mean each and every applicant who submitted an application to the United States Department of Housing and Urban Development, the United States Department of Defense, or any other agency of the United States Government for the use of any land, building, office, playground, or other property at the former Fort Devens, including such applicants’ successors and assigns.

Section 3. Section 10 of chapter 23G of the General Laws, as appearing in the Official 2000 Edition, is hereby amended by striking the word “biennial” and substituting in place thereof the word “annual” and by adding the following at the end thereof: “; provided, however, that the Agency shall at all times be required to maintain detailed books and records of all legal and other professional fees and expenses incurred by outside counsel or other professionals retained by or on behalf of the Agency, including (i) copies of all invoices for fees and expenses, which invoices shall include detailed entries for all time incurred by such outside counsel or other professionals and (ii) a written disclosure of any personal or professional relationships between said outside counsel or other professionals and any officer, director, or employee of the Agency; such books and records shall be subject to review immediately upon request of the house or senate committees on ways and means”.

Section 4. Section 17 of chapter 23G of the General Laws, as appearing in the Official 2000 Edition, is hereby amended by adding at the end of the second paragraph therein the following: “Prior to the disposition of any state surplus lands or any interest therein acquired by the Agency, the Agency shall file with the house and senate committees on ways and means a written disclosure detailing with specificity any personal or professional relationships between any officer, director, or employee of the Agency and any party involved with said disposition, including any purchaser, outside counsel or other professional involved with the disposition. The Agency shall, within thirty days of any request by the house or senate committees on ways and means, provide such committees with a detailed summary of all legal and other professional fees and expenses incurred by outside counsel or other professionals retained by or on behalf of the Agency in connection with any such disposition”.

Section 5. Section 34 of chapter 23G of the General Laws, as appearing in the Official 2000 Edition, is hereby amended by adding the following at the end thereof: “; Such annual report shall also include (i) a detailed summary of all legal, state and federal lobbying, and other professional fees and expenses incurred by outside counsel or other professionals retained by or on behalf of the Agency and (ii) a written disclosure of any personal or professional relationships between said outside counsel, lobbyists, or other professionals and any officer, director, or employee of the Agency”.
The amendment was rejected

Messrs. Buoniconti and Lees, Ms. Chandler and Mr. Montigny moved that the bill be amended in section 2, in item 7007-0900 by adding:-“and provided further, that not less than $500,000 shall be expended for Partners for a Healthier Community, Inc. to provide the Open Wide Oral Health Pilot Program in Hampden County”.
The amendment was rejected

Mr. Tisei, Ms. Resor, Messrs. Lees, Knapik, Tarr, Hedlund and Brown moved that the bill be amended by inserting, after Section___, the following new Section:-

“SECTION___. Chapter 23A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after section 3H the following section:-

Section 3I

(a) Notwithstanding any other provisions of this chapter, the department shall, upon receipt of qualifying applications, expend not less than $500,000 annually in matching grants to assist municipalities with the purchase of environmental insurance naming as an additional insured the MBTA or Executive Office of Transportation, as applicable, for purposes of establishing and maintaining rail-trails, as defined in section 2 of chapter 21E and section 35A of chapter 82, utilizing the Brownfields Redevelopment Access to Capital Policy Form or similar or replacement form, with such terms, conditions, amendments and endorsements as are appropriate under the circumstances of the proposed rail-trail project, and with coverage limits of at least $3,000,000 per incident, a deductible of at most $50,000 per incident, and a term of at least 5 years.

(b) Unless specifically required by federal law in connection with any grant for construction of a rail-trail, a municipality that has applied for and received a grant and has purchased such environmental insurance as described in subsection (a) shall not be required to furnish to any person, authority or governmental entity, any other form of environmental insurance, or any defense, indemnification or hold harmless agreement with respect to any claims, injuries, costs, damages or other relief arising out of or related to the pre-existing release or threat of release of oil or hazardous materials at or from the project site as those terms are defined in chapter 21E, in connection with its design, acquisition, construction, use or maintenance of the rail-trail for which the application is made.

(c) The department shall promulgate such regulations, policies or directives as are necessary to expedite the receipt and approval of grant applications from municipalities under this section”.
The amendment was rejected

Mr. Tisei moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “Cranberry Harvest Map” the following:- “provided further, that not less than $50,000 shall be expended for repairs and renovations to the historic Hartshorne House in the town of Wakefield;”, and by striking out the figure “$20,605,032” and inserting in place thereof the following figure:- “$20,655,032”.
The amendment was rejected

Mr. Creedon moved that the bill be amended by inserting after Section 104 the following new sections: -

SECTION____. Section 3(d) of chapter 128A, as it appears in the 2004 official edition, is hereby amended in line 71 by striking the words “June 15 and October 15” and inserting in place thereof the following words: “March 1 and December 15, provided that no county racing meeting licensee shall conduct live racing performances in connection with a state or county fair during the live racing season of the running horse racing meeting licensee in Suffolk County”.

SECTION____. Section 2A of Chapter 128C of M.G.L., as it appears in the 2004 official edition, is hereby amended by striking the first paragraph in its entirety and inserting in place thereof the following:

Notwithstanding section 2, the running horse meeting licensee in Plymouth county, which is conducting running horse racing meetings in connection with a state or county fair, may, with the permission of the commission and subject to the approval of the city council and mayor or board of selectmen and town meeting of the city or town where the fair is located, and following a demonstration by the licensee of its ability to complete 50 per cent of the live racing performances approved by the commission, simulcast unlimited interstate thoroughbred horse and greyhound races on any day if such simulcast is conducted in connection with a state or county fair, for wagering purposes or otherwise, from pari-mutuel wagering facilities located within the commonwealth; but if the commission determines that a licensee cannot conduct 50 per cent of live racing performances due to weather conditions, race track conditions, strikes, work stoppages, sickness or quarantine not within the control of the licensee, the commission may permit the licensee to continue simulcasting on that day despite the stoppage of the performances for said reasons. The total number of days of simulcast at the state or county fair, which is licensed by the commission for live running horse racing meetings, shall not exceed the total number of days the live racing licensee is licensed to operate. The licensee in Plymouth county shall pay 3 per cent of any simulcasts of thoroughbred horse racing to the purse account for the running horse racing performances at such state or county fair and shall simulcast its live racing performances to the greyhound racing meeting licensee located in Bristol county, the greyhound racing meeting licensee located in Suffolk county, the running horse racing meeting licensee located in Suffolk county, and the running harness horse racing meeting licensee located in Norfolk county and receive a fee therefore of 11 per cent, the simulcast shall not be considered a live in-state racing performance for purpose of the sixth paragraph of section 2; provided further that, the licensee may simulcast its live racing performances to any interstate licensee with the approval of the commission.

Notwithstanding any general or special law or rule to the contrary, any application to conduct live running horse racing meetings in Plymouth county in connection with a state or county fair may be filed until July 31st of the year in which such live racing performances are to be conducted, subject to approval by the commission within 30 days that any such application is filed.
The amendment was rejected

Mr. McGee moved that the bill be amended in section 2, in item 7004-0099 by inserting at the end thereof the following wording:- “provided further, that not less than $45,000 shall be expended to the Lynn Housing and Neighborhood Development Corp”.
The amendment was rejected

Mr. McGee moved that the bill be amended in section 2, in item 7007-0900, by adding at the end thereof the following wording: “provided further, that $100,000 shall be expended for the Grand Army of the Republic (GAR) Museum in the city of Lynn ”.
The amendment was rejected

Mr. Tolman moved that the bill be amended in section 2, in item 7003-0702 by striking out “provided further, that $100,000 shall be expended for the Boston Health Care and Research Training Institute;” and inserting in place thereof the following:- “provided further, that $200,000 shall be expended for the Boston Health Care and Research Training Institute;”.
The amendment was rejected

Mr. Tisei moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “Cranberry Harvest Map;” the following:- “provided further, that not less than $500,000 shall be expended for the installation of air conditioning at the historic Memorial Hall in the city of Melrose to allow for year-round cultural performances;” and by striking out the figure “$20,605,032” and inserting in place thereof the following figure:- “$21,105,032”.
The amendment was rejected

Mr. McGee moved that the bill be amended by inserting after Section 12 the following new Section: -

The General Laws are hereby amended by inserting after section 2 of chapter 18 the following new section:

Section 2B. (a) The department shall provide for, through its federal Food Stamp Employment and Training Program Plan, the claiming of allowable federal matching funds as specified in subsection (c).

(b) The department shall claim federal matching funds from the United States Department of Agriculture pursuant to the federal Food Stamp Employment and Training Program for education, employment, and training services for eligible food stamp participants, including related dependent care and transportation expenses, to the fullest extent permitted by federal law.

(c) The department together with agencies and other entities that provide education, employment or training services in Massachusetts, including but not limited to the department of mental retardation, the department of mental health, the department of education, the department of workforce development, the Massachusetts rehabilitation commission, local governments, community colleges, other educational institutions, workforce organizations, and nonprofit providers of education, employment, and training services, shall continue and expand efforts to enroll eligible education, employment, and training program participants in the food stamp program and to enroll eligible food stamp participants in education, employment and training activities.

(d) The department shall expend $3,000,000 from revenue received from the United States Department of Agriculture as federal Food Stamp Employment and Training Program matching funds for employment and training services provided by or under contract with said department, the department of mental health, the department of mental retardation, and the Massachusetts rehabilitation commission for employment and training services provided to recipients and former recipients of transitional aid to families with dependent children; provided that this amount shall be in addition to any other sums appropriated from the general fund for such services; and provided further that any such funds received in the first half of the fiscal year shall be spent in the fiscal year in which they are received and any such funds received in the second half of the fiscal year shall be spent in that fiscal year or the subsequent fiscal year.

(e) Funds not to exceed the equivalent of five percent of federal Food Stamp Employment and Training Program matching funds received in any fiscal year, excluding the amounts made available for expenditure by the department of transitional assistance pursuant to subsection (d), shall be made available to the department of transitional assistance for otherwise non-reimbursed administrative costs associated with claiming federal matching funds pursuant to the federal Food Stamp Employment and Training Program for education, employment and training services for eligible food stamp participants; provided further, that such funds shall be in addition to any other sums appropriated from the general fund for administration of the food stamp program.

(f) Upon application by the agencies and other entities, including but not to limited to those listed in subsection (c), whose expenditures for education or training services for food stamp participants generated the federal matching funds equivalent to the remaining federal Food Stamp Employment and Training Program matching funds received in any fiscal year shall be provided on a pro rata basis to support additional education, employment and training services and related program costsand up to 7.5% of these funds can be used for administrative costs generated by claiming said federal matching funds; provided further that the funds are not used to supplant existing services.
The amendment was rejected

Mr. McGee moved that the bill be amended in section 2, by adding after item 7003-0702 the following new item:

7003-0703
Notwithstanding any general or special law to the contrary, 10 days after the effective date of this act, the comptroller shall transfer from the General Fund to the Workforce Competitiveness Trust Fund established pursuant to section 2RR½ of chapter 29 of the General Laws an amount equal to the workforce training contributions required by section 14L of chapter 151A of the General Laws and collected in each fiscal year pursuant to said requirements; provided, however, that said transfer shall not be less than $11,000,000; provided, further, that not less than $1,000,000 shall be provided for grants to providers of workforce development and job skills training services for projects benefiting older adults; and provided further, that subject to appropriation, the director of workforce development shall make expenditures from the fund for the purposes outlined in section 5 of this act.

The amendment was rejected.

Messrs. Tisei and Tarr moved that the bill be amended in section 2, by inserting after item 7004-0099 the following new item:-

“7004-1000
For the playground initiative fund, so-called, a grant program for cities and towns of the commonwealth, to provide up to $10,000 per grant for the acquisition, development, renovation of, or equipment purchases for, playgrounds or ball fields; provided, that the grants shall be administered by the Department of Housing and Community Development and shall be awarded on a first come-first serve basis to municipalities submitting applications meeting program requirements…………………$1,000,000”
The amendment was rejected

Messrs. McGee and Tarr moved that the bill be amended by inserting after Section 13 the following new Section ____:-

Section 1 of chapter 29 of the General Laws, as appearing in the 2004 official edition, is hereby further amended by striking out section 2SS and inserting in place thereof the following section:—

Section 2SS.

(a) There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Workforce Competitiveness Trust Fund, hereinafter called the fund. The fund shall be administered by the department of workforce development which shall contract with the commonwealth corporation to administer the fund. The objectives of the fund shall include, but shall not be limited to, the following: supporting, in conjunction with other private, public and philanthropic resources, the development and implementation of employer and worker responsive programs to enhance worker skills, incomes, productivity and retention and to increase the quality and competitiveness of Massachusetts firms; training and helping the unemployed find suitable employment; improving employment opportunities for low income individuals and low wage workers; improving wages to a level sufficient to support a family or place individuals on a career path leading to such employment and wages; training vulnerable youth to master basic academic skills including the attainment of a high school degree and encouraging students to advance educationally and receive post-secondary degrees at colleges or post-secondary vocational schools, or beyond; developing occupational skills, and becoming employed in jobs that have career potential; and training older workers for new occupations. The department of workforce development shall utilize these projects to improve the workforce development system by integrating employer and worker needs more fully in program design and delivery, and shall support, through grants, partnership programs and planning, grant applications from the following eligible applicants to provide an integrated continuum of education and training: employers and employer associations; local workforce investment boards; labor organizations; community based organizations, including adult basic education providers; institutions of higher education; vocational education institutions; one-stop career centers; local workforce development entities; and non-profit education, training or other service providers. The fund shall leverage employer, public, philanthropic and other contributions, and shall be available as a state match for federal funds that meet the requirements of the fund. The fund shall be an expendable trust fund and not subject to appropriation. Grants from the fund shall be offered on a competitive basis for a maximum of 3 years, and shall not exceed $500,000.

(b) The director of the office of workforce development shall appoint an advisory committee, hereinafter referred to as the committee. Said committee shall represent significant constituencies and beneficiaries of the fund, including, but not limited to, high growth or critical industries; the workforce development system; public education; adult basic education; the department of transitional assistance; public higher education; labor; community based organizations and non-profit education, training or other service providers; and advocates of customer populations including representatives of education, training and the one-stop career center provider coalitions, including a minimum of 2 labor representatives selected by the President of the Massachusetts AFL - CIO , and 2 representatives of the Massachusetts Workforce Board Association. The director of the office of workforce development shall serve as chair of the committee. The committee shall supply constituent focused labor market information, review general programmatic parameters and guidelines, assist with the identification of issues and barriers to the fund’s efficiency and effectiveness and the dissemination of relevant information about the fund, and support the general oversight of the fund’s implementation. The committee shall meet from time to time, but not less frequently than quarterly.

(c) The commonwealth corporation shall be the administrator of the fund, and shall maintain the fund as a separate fund, and shall cause it to be audited by an independent accountant on an annual basis in accordance with generally accepted accounting principles.

(d) There shall be credited to the fund any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund, and any gifts, grants, private contributions, investment income earned on the fund’s assets, and all other sources. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.

(e) Partnership programs may include costs for support services including, but not limited to, transportation and childcare, to eliminate barriers to participation in the training program. For any unionized employer participating as a partner in a grant application, the impacted union must be an active participant in the design and implementation of the grant.

(f) A competitive grant program shall be established that provides support to partnerships and eligible applicants as described above, and that leverages applicant co-investment of at least 30 per cent of the grant amount, from employers, philanthropic, and public or private organizations. The period of grant operations may be up to 3 years in duration. Grants may be targeted to specific populations, such as educationally or economically disadvantaged youth, low-income, low-skilled and low-wage workers, disabled citizens, or industries that are deemed to be of critical consequence to the commonwealth. Special grant programs and funding allocations will be determined by the committee and shall be distributed via a regionally-based competitive bid process, which will require the defining of economic regions of the Commonwealth based on labor market factors as determined by the committee. Every municipality in the commonwealth shall be accounted for in a designated region. A formula for regional distribution shall be created, and competition for formula grant funds shall occur within each identified region, and shall be subject to the rules and regulations established by the committee in consultation with regional partners. Respondents to the local competitions must notify, in writing, the region’s workforce investment board of their intent to respond to this request for proposals. A planning grant may be offered to define employer needs; to make necessary curriculum and other programmatic improvements to align with employer and worker needs; to determine the feasibility of a proposed workforce development intervention; to plan for, and coordinate strong partnerships among stakeholders; to identify educational and skill needs of workers and program participants; to link training initiatives with employer-based career ladders; and to develop case management and additional support services that would address barriers to participation.

(g) A portion of the grant fund shall be used to support the current and future labor force needs of the Commonwealth’s healthcare industry. This portion of the fund shall support projects that address barriers and gaps in the healthcare workforce development pipeline. Small planning and needs assessment grants may be offered. A project grant program will be designed by commonwealth corporation in consultation with a Healthcare subcommittee of the fund committee, which shall include at a minimum appointments made by the following organizations: the Massachusetts Hospital Association; the Massachusetts Extended Care Federation; the Home and Health Care Association of Massachusetts; the Massachusetts Workforce Board Association; and the Massachusetts AFL - CIO , as well as representatives of the other mandatory advisory committee constituencies.

(h) A portion of the grant fund shall be used to support the current and future labor force needs of the Commonwealth’s travel and tourism industry. This portion of the grant fund shall be used to support the development of career ladder and wage improvement strategies, including employee ownership and profit-sharing strategies, within Massachusetts ’ travel and tourism industry. Small planning and needs assessment grants may be offered. A project grant program will be designed by commonwealth corporation in consultation with the Travel and Tourism Advisory Committee, which must include the primary industry associations that represent the industry in Massachusetts , or in their absence, a cohort of relevant industry employers, as well as representatives of the other mandatory advisory committee constituencies.

(i) Project grants shall be for a maximum of 3 years, competitively based and shall not exceed $500,000. The committee shall determine how to apportion the grant fund between the healthcare industry, the travel and tourism industry and the general grant program; provided, however, that no more than 7.5 percent of the funds appropriated herein may be expended for the administration of each grant.

(j) The director of the department of workforce development shall annually, not later than December 31, report to the secretary of administration and finance, the house and senate committees on ways and means, the joint committee on community development and small business, the joint committee on education, arts and humanities, the joint committee on economic development and emerging technologies, and the joint committee on labor and workforce development, and the joint committee on public health on the status of grants awarded under this section, including the number of educational and eligible service providers receiving grants; the number of participants receiving services; the number of participants placed in employment; the salary and benefits that participants receive post placement; the cost per participant; and job retention or promotion rates one-year after training ends.

(k) The establishment of the Workforce Competitiveness Trust Fund, or any other worker training fund, shall not be determined to replace, displace or serve as a substitute for the Workforce Training Fund as established by section 2RR.
The amendment was rejected

Messrs. McGee and Tarr moved that the bill be amended by inserting at the end thereof the following item:

“Notwithstanding of any general or special law to the contrary, there is hereby established a performance standards and workforce accountability task force. The task force shall develop and recommend policies that advance skills and workforce development opportunities for incumbent, unemployed and underemployed youth and adult workers whose lack of skills prevent or limit their successful employment. Lack of skills may include, but shall not be limited to, being less than proficient in English, mathematics, reading, writing, science and technology, or such other skills as Massachusetts employers may identify. The following groups shall be specifically targeted for assistance: adult workers with no post-secondary education; adult immigrants who seek to learn English; adults without a high school diploma; displaced workers; older workers; individuals not currently connected to the workforce; and youths between the ages of 16 and 21 who have either dropped out of school or at risk of dropping out, or who are academically at-risk of not completing the requirements for high school graduation. The task force shall develop recommendations which shall include, but not be limited to, the following: (i) maximizing the skills gained, the number of people served, and the quality of outcomes achieved through the workforce development system; (ii) increasing services and resources for those most in need and for the purpose of moving individuals and families out of poverty; (iii) identifying professional development and technical assistance needs and resources to strengthen workforce development programs and the skills of staff who deliver workforce development services; and (iv) evaluating and analyzing current local and state policies for the governance and coordination of workforce development agencies and programs in Massachusetts and making recommendations for improving coordination, oversight, performance standards, streamlining bureaucracy and maximizing resources. The task force shall design and conduct an evaluation and analysis of the present governance and coordination of workforce development agencies and programs in the commonwealth. On the basis of that study the task force shall recommend to the general court, and other appropriate agencies, policies and changes to policies likely to improve the results of workforce development efforts in the commonwealth. Said recommendations shall address improving coordination, oversight and maximizing resources. The goals of the study shall include assisting Massachusetts citizens in making better use of the state’s workforce development system, defining clearer lines of responsibility and accountability, and analyzing the management of the system in an effort to both improve service delivery and supplementing the resources available for education and training. The task force shall publish a resource guide of all the workforce education and training resources in the commonwealth. It shall be the responsibility of the department of workforce development, through the Commonwealth Corporation, in consultation with the workforce accountability task force to evaluate existing, and develop additional, performance standards for workforce and job-training programs receiving state funding in the areas of employment, skill, education, business and customer satisfaction impact for the agencies of the commonwealth that provide workforce development resources, education or training programs as defined by the task force. Commencing July 1, 2006, all workforce development services and job skills training programs receiving state or federal funds must submit, not later than June 30, an annual performance report to the department, the state workforce investment board, the house and senate committees on ways and means, the joint committee on education, the joint committee on higher education, the joint committee on economic development and emerging technologies, and the joint committee on labor and workforce development; provided further, that said annual performance report shall use the employment, education, business and customer satisfaction measures and standards as agreed upon; provided further, said report shall include any recommendations for the termination of any programs no longer required. The task force shall consist of the following members: 2 members to be appointed by the governor, 1 of whom shall be the director of the department of workforce development or his designee; 2 members to be appointed by the president of senate; 2 members to be appointed by the speaker of the house of representatives; the chancellor of the board of higher education or his designee; the secretary of the executive office of health and human services or his designee; 1 member from the Massachusetts Business Roundtable; 1 member from the Associated Industries of Massachusetts; 2 members selected by the president of the Massachusetts AFL - CIO ; 2 employer members from the Massachusetts workforce investment board association; 1 member from the Workforce Investment Association of Massachusetts; 1 member from the executive office of community colleges; 1 member from the Department of Education; 1 member from the Massachusetts Workforce Investment Board; 1 member from the Commonwealth Corporation; 1 member from the Women’s Union; 1 member from the Massachusetts State Colleges Council of Presidents; 1 member from the Massachusetts Association of Community Development Corporations; 1 member from the Massachusetts Coalition for Adult Education; and 1 member from the Massachusetts Workforce Alliance. Members of the task force shall serve without compensation. The task force shall be co-chaired by two members of the taskforce, appointed jointly by the president of the senate and the speaker of the house of representatives and shall annually, on or before December 31, file a report with the clerk of the house and senate, the house and senate committees on ways and means and the joint committee on labor and workforce development and the joint committee on economic development and emerging technologies. The department of workforce development shall provide the funds necessary to carry out the activities of this section through workforce investment act funds; provided further, that the department may use up to $500,000 of the workforce competitiveness trust fund for this purpose and shall provide administrative support to the task force, as requested”.
The amendment was rejected

Mr. Tisei moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “Cranberry Harvest Map;” the following:- “provided further, that not less than $200,000 shall be expended for the repair of Victorian street lighting within the state-recognized historic district of downtown Melrose;” and by striking out the figure “$20,605,032” and inserting in place thereof the following figure:- “$20,805,032”.
The amendment was rejected

Messrs. Montigny and Tarr, Ms. Tucker, Messrs. Joyce and Moore moved that the bill be amended by inserting, after Section 20, the following new Section:-

“SECTION 20A. Subparagraph (i) of paragraph (1) of subsection (b) of section 6J of chapter 62 of the general laws, as appearing in the 2004 official edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- ‘The commissioner, in consultation with the Massachusetts historical commission, shall authorize annually, for the 6 year period beginning January 1, 2005 , and ending December 31, 2010 , under this section together with section 38R of chapter 63, an amount not to exceed $50,000,000 per year.’”; and by inserting, after Section 21, the following new Section:-

“SECTION 21A. Subparagraph (i) of paragraph (1) of subsection (b) of section 38R of said chapter 63, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- ‘The commissioner, in consultation with the Massachusetts historical commission, shall authorize annually, for the 6 year period beginning January 1, 2005 , and ending December 31, 2010 , under this section together with section 6J of chapter 62, an amount not to exceed $50,000,000 per year.’”.
The amendment was rejected.

Mr. McGee moved that the bill be amended in section 2, in item 7007-0900 by adding the following:- “;provided further, that not less than $50,000 shall be expended to RAW Arts, Inc. in the city of Lynn to facilitate youth expansion programs approved by the Board of Directors of said organization”.
The amendment was rejected

Mr. McGee moved that the bill be amended in section 2, in item 7002-0800 by striking the figure “$790,043” and insert in place thereof the following:- $850,316.
The amendment was rejected

Ms. Spilka, Messrs. Timilty, Joyce and Tarr moved that the bill be amended in section 2, by inserting after item 7004-4314 the following item:

“7004-9003
For a program of housing and housing assistance to assist homeless individuals and individuals at-risk of homelessness to become self-sufficient and to reduce the need for shelters, said program to be a dmi nistered by the regional non-profit housing agencies . . . . . $1,000,000”.
The amendment was rejected

Mr. O'Leary moved that the bill be amended in section 2, in item 7007-0900, by inserting after “for the production of a Cranberry Harvest Map”, the following:- “; provided further, that not less than $125,000 shall be expended on septic system replacement for the Crosby Mansion and the Cape House septic system on Department of Conservation and recreation property located within Nickerson State Park in the town of Brewster”.
The amendment was rejected

Mr. O'Leary moved that the bill be amended in section 2, in item 7007-0900 by inserting after the words “for the production of a Cranberry Harvest Map” the following:- “; provided further, that not less than $200,000 shall be expended for the purpose of restoring the Old Indian Meeting House, in the town of Mashpee”.
The amendment was rejected

Ms. Wilkerson moved that the bill be amended in section 2, in item 7003-0702 by inserting after the words “use technology” the following: - “provided further, that not less than $150,000 shall be expended to Dimock Community Health Center to provide workforce training, educational services and other transitional services, with special focus on cultural competency and diversity outreach strategies”. And by striking out the figure “$6,463,000” and inserting in place thereof the following figure: “$6,613,000”.
The amendment was rejected

Ms. Wilkerson moved that the bill be amended in section 2, in item 7003-0702 by inserting after the words “use technology” the following: - “provided further, that not less than $150,000 shall be expended to Benjamin Community Health Center for the career ladder program in nursing”.; and by striking out the figure “$6,463,000” and inserting in place thereof the following figure: “$6,613,000”.
The amendment was rejected

Ms. Spilka moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “Cranberry Harvest Map;” the following words:-“provided further, that not less than $75,000 shall be expended for roof and stairway repairs on the Danforth Building in the Town of Framingham;”.
The amendment was rejected

Mr. Baddour moved that the bill be amended by inserting, after Section XX, the following new Section:-

“SECTION XX. Notwithstanding Section 12 or 17 of Chapter 138 of the General Laws or any other general or special law to the contrary, a holder of a seasonal liquor license may convert a seasonal liquor license into a full season license for the sale of all alcoholic beverages to be drunk on the premises by applying for conversion to the local licensing authority within 90 days of the enactment of this section. Such approval by the local licensing board may not be unreasonably withheld”.
The amendment was rejected

Ms. Spilka moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “Cranberry Harvest Map;” the following words:-“provided further, that not less than $90,000 shall be expended for the construction of and repairs for sidewalks in the Town of Ashland;”.
The amendment was rejected

Ms. Spilka moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “Cranberry Harvest Map;” the following words:-“provided further, that not less than $800,000 shall be expended to the Town of Holliston towards acquisition and/or other improvement costs in connection with the rail trail from the Town of Sherborn through a portion of the Town of Holliston;”.
The amendment was rejected

Mr. Tolman moved that the bill be amended in section 2, by striking out item 7004-3045 and inserting in place thereof the following item:- “ 7004-3045 For not less than $565,000 for a tenancy preservation program for neutral party consultation services in eviction cases before the housing court department of the Massachusetts trial court for individuals with disabilities and families that contain an individual with a disability in cases where the disability is directly related to the reason for eviction”.
The amendment was rejected

Ms. Spilka moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “Cranberry Harvest Map;” the following words:-“provided further, that not less than $200,000 shall be expended to rehabilitate the Choate Park Dam in Medway;”.
The amendment was rejected

Messrs. Montigny, and Timilty moved that the bill be amended in section 2, in item in item 7003-0702, by adding the following: - “provided further that not less than $150,000 shall be expended to the Commonwealth Corporation for the establishment of an economic transformation model pilot program”.
The amendment was rejected

Ms. Spilka moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “Cranberry Harvest Map;” the following words:-“provided further, that not less than $200,000 shall be expended for the construction of a new highway barn and salt shed in the Town of Medway;”.
The amendment was rejected

Mr. Creedon moved that the bill be amended in section 2, in item 7003-0803 by striking the figure “5,000,000” and inserting in place thereof the following figure:- $6,000,000.
The amendment was rejected

Ms. Spilka moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “Cranberry Harvest Map;” the following words:-“provided further, that not less than $200,000 shall be expended for the restoration and expansion of 2B Oak Street in the Town of Medway, renovating the currently uninhabitable historic site for use by town and community programs;”.
The amendment was rejected

Messrs. Antonioni and Brewer moved that the bill be amended in section 2, in item 7004-0099, by inserting after the words “town of Hopedale;” the following:-“provided further, that not less than $75,000 shall be expended for the Greater Gardner Community Development Corporation;”; and by striking out the figure “$8,262,633” and inserting in place thereof the following figure:- “$8,337,633”.
The amendment was rejected

Ms. Spilka and Mr. Brown moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “Cranberry Harvest Map;” the following words:- “provided further, that not less than $75,000 shall be expended for safety upgrades to the technological infrastructure of the Police Department in the Town of Franklin;”.
The amendment was rejected

Messrs. Tarr and McGee moved that the bill be amended in section 2, in item 7007-0900 by inserting after the words “Cranberry Harvest Map” the following:- “provided further, that not less than $100,000 shall be expended to the Essex National Heritage Commission for the purpose of matching a federally funded grant;”.
The amendment was rejected

Mr. Morrissey moved that the bill be amended in section 2, in item 7004-0099 by inserting after the word “Hopedale” by inserting the following:- “provided further, that $60,000 shall be expended for upgrades and improvements at the Abington Memorial Stadium in Abington”.
The amendment was rejected

Mr. Morrissey moved that the bill be amended in section 2, in item 7004-0099, by inserting, after the word “Hopedale”, the following:- “; provided further, that $75,000 shall be expended for the Abington Senior Center”.
The amendment was rejected

Messrs. Morrissey and Joyce moved that the bill be amended in section 2, in item 7004-0099 by inserting after the word “Hopedale” the following:- “provided further, that $25,000 shall be expended for the Braintree Councils on Aging for structural improvements to meet the standards for the Americans with Disabilities Act”.
The amendment was rejected

Mr. Morrissey moved that the bill be amended in section 2, in item 7004-0099 by inserting after the word “Hopedale” the following words: - “provided further, that $100,000 shall be expended for the design and construction of full traffic signalization in the vicinity of the Holbrook Public Safety complex at the intersection of King street and South Franklin street in the town of Holbrook”.
The amendment was rejected.

Mr. Morrissey moved that Floor 353 be amended by striking out the amendment in its entirety and inserting in place thereof the following:-

Mr. Morrissey moved that the bill be amended by inserting at the end thereof the following new sections:-

SECTION . Section 11 F of Chapter 25A of the General Laws, as appearing in the 2004 Official Edition is hereby amended by striking clause (vii) in its entirety and inserting in place thereof the following new clause:- “(vii) incremental energy resulting from increased capacity and/or efficiency at hydroelectric facilities licensed by FERC after 1986, or hydroelectric facilities that receive FERC approval to construct improvements necessary to provide such incremental energy, so long as such increased capacity and/or efficiency does not involve pumped storage of water, is achieved without involving any new impoundment or diversion of water, and meets any further environmental standards as set forth by the division; provided that only such improvements to a hydroelectric facility made after January 1, 1998 , and the incremental energy attributable to such improvements, shall be considered a new renewable energy generating source.

SECTION . Section 11F of Chapter 25A of the General Laws, as appearing in the 2004 Official Edition is hereby amended in line 33 by striking the words “clauses (vi) and (vii) herein”. and inserting in place thereof the following:- “clause (vi)”.

SECTION . Said Section 11F of Chapter 25A, as so appearing, is hereby further amended by inserting the following new section:- (d) Commencing in January 2009 and continuing each year thereafter, the Division shall calculate and provide public notice of the total kilowatt-hour sales of generation from eligible hydroelectric generation used for compliance with this section in the previous calendar year, which shall be reported as a percentage of total kilowatt-hour sales to end-use customers in the Commonwealth by retail electricity suppliers. The Division shall adjust upward, by this reported percentage, the minimum percentage of kilowatt-hour sales from new renewable energy generation sources that each retail supplier must provide to end-use customers in the Commonwealth in the following year and each year thereafter, which shall be in addition to any other increases in the minimum percentage requirement for the purchase of new renewable energy generation as determined by the Division.
The amendment was rejected

Ms. Creem moved that the bill be amended in section 2, in item 7004-0099 by adding at the end thereof the following “provided further, that $50,000 shall be expended for repairs to the Hamilton Community Center in Newton Lower Falls;” and said item is further amended by striking out the figures “8,262,633” and inserting in place thereof the following figures “8,312,633”.
The amendment was rejected

Messrs. Morrissey, Tarr, Augustus and Knapik moved that the bill be amended by adding at the end thereof the following new sections:-

SECTION . Section 5 of said Chapter 775 is hereby amended by striking out clauses (h) and (i) and inserting in place thereof the following new clauses (h)

and (i):-(h) to sell, lease, mortgage, exchange, transfer or otherwise dispose of, or to grant options for any such purposes with respect to any real or personal property or interest therein, with or without consideration and notwithstanding whether such real or personal property is needed or useful by the corporation all upon such terms and conditions as the corporation shall determine; (i) to pledge or assign any money, fees, charges, or other revenues of the agency, or any real or personal property and any proceeds derived by the corporation from the sale of energy or property, insurance or condemnation awards or the purchase of any insurance .

SECTION . Said Section 5 of Chapter 775 is hereby further amended by inserting after clause (t) the following clause:- (u) to enter into contracts determined by the corporation to be necessary or for the prudent management of the corporation’s assets, funds, debts, or fuels including without limitation, interest rate swaps, option contracts, futures contracts, hedging contracts, leases, or other risk management techniques and forward purchase contracts.

SECTION . Section 9 of said Chapter 775 is hereby amended by striking out

clause (a) and inserting in place thereof the following new clause (a):-

(a) The corporation may, subject to the approval of the department under this act, borrow money by the issues of its bonds for any of its corporate purposes. Bonds may be issued hereunder as mortgage bonds, as general obligations of the corporation or a special obligation payable solely from particular funds. Without limiting the generality of the foregoing, such bonds may be issued for project costs, prepayment of fuel, transmission or transportation of fuel, or the corporation’s share of project costs of electric power facilities or long-term purchases or rights to use electric power facilities which may include interest prior to and during the carrying out of any project and for a reasonable period thereafter, prepayments under contracts for the purchase of energy, or services related thereto, stranded investment cost, early termination costs of any electric project, decommissioning costs, such reserves for debt service or other capital of current expenses as may be required by a trust agreement or resolution securing bonds, and all other expenses incidental to the determination of the feasibility of any project or to carrying out the project or to placing the project in operation.
The amendment was rejected

Ms. Creem moved that the bill be amended in section 2, in item 7007-0900 “provided further, that not less than $500,000 shall be expended for the Newton Historical Society for the purchase, preservation and maintenance of the Durant Kenrick Homestead in the City of Newton;” and in said line item by striking the figures “20,605,032” and inserting in place thereof the figures “21,105,032”.
The amendment was rejected

Mr. Hedlund moved that the bill be amended in section 2, in item 7004-0099 by inserting, after the words “ Rockland Community Center ;” the following: - “provided further that $50,000 shall be expended for the destruction of old army bunkers located on the Division of Fisheries and Wildlife land in the town of Hingham ”.
The amendment was rejected

Ms. Creem moved that the bill be amended in section 2, in item 7004-0999 by inserting at the end thereof the following new text: - “provided further, that $40,000 shall be expended to assist the city of Newton with a smart growth development plan for Newton Center”; and by striking the figure “8,262,633” and inserting in place thereof the figure “8,262,673”.
The amendment was rejected

Mr. Hedlund moved that the bill be amended in section 2, in item 7004-0099 by inserting, after the words “ Rockland Community Center ;” the following: - “provided further that $50,000 shall be expended for the destruction of old army bunkers located on Mass Highway land in the town of Hingham ”.
The amendment was rejected

Messrs. Morrissey and Joyce moved that the bill be amended in section 2, in item 7007-0099 by inserting after the word “Hopedale” the following words:- “provided further, that no less than $20,000 shall be expend to the Town of Braintree as a one-time community action grant for Thayer Public Library”.
The amendment was rejected

Mr. Hedlund moved that the bill be amended in section 2, in item 7004-0099 by inserting, after the words “ Rockland Community Center ;” the following:- “provided further, that $100,000 shall be expended for the revitalization of downtown Hingham ”.

The amendment was rejected.

Mr. Hedlund moved that the bill be amended in section 2, in item 7004-0099 by inserting, after the words “ Rockland Community Center ;” the following:- “provided further, that $200,000 shall be expended for the revitalization of the Weymouth Landing area in the town of Weymouth ”.
The amendment was rejected.

Mr. Hedlund moved that the bill be amended in section 2, in item 7004-0099 by inserting, after the words “ Rockland Community Center ;” the following:- “provided further, that not less than $200,000 be allocated for additional parking in Cohasset Village in the Town of Cohasset due to the loss of spaces as a result of the Greenbush Commuter Rail Project”.
The amendment was rejected

Messrs. O'Leary, Morrissey and Joyce moved that the bill be amended in section 2, by inserting after item 7004-9316 the following item”-

“7004-9322
For a program to establish the Community Action Support Fund to provide general support for the 24 designated antipoverty agencies operating throughout Massachusetts known as community action agencies, as defined in Chapter 23B, Section 24, of the Massachusetts General Laws; provided further, that the resources from the Community Action Support Fund created by this line-item be used by community action agencies primarily for but not limited to crisis intervention services for low-income individuals and families and elderly persons; provided further, that the resource from the Community Action Support Fund created by this line-item be distributed to the community action agencies by the department of housing and community development in a proportion developed by the department of housing and community development in conjunction with the Massachusetts Association for Community Action, said distribution will be based in part on the percentage of poverty in each of the areas served by each of the 24 community action agencies operating throughout Massachusetts; provided further, that 5 percent of the resources from the Community Action Support Fund created by this line-item be used to support its administration by the department of housing and community development and for the support of community action agencies as defined in Chapter 23B, Section 24, of the Massachusetts General Laws…...$500,000”.

The amendment was rejected.

Mr. Brown moved that the bill be amended in section 2, in item 7010-0005, in line 14 by inserting the words: - “provided further, that not less than $30,000 in appropriated funds shall be made available for providing building security systems to each of the town’s schools in the town of North Attleboro ”.
The amendment was rejected

Ms. Tucker moved that the bill be amended in section 2, in item 7004-0099 by inserting after the words “town of Hopedale ;” the following:- “provided further, not less than $100,000 shall be expended for the Maria Quintana Family Center in Lawrence ”.
The amendment was rejected

Mr. Moore moved that the bill be amended in section 2, by inserting the following new item:- 7066-0020 For the operation of the Board of Higher Education’s nursing and allied health education initiative……$2,000,000
The amendment was rejected

Messrs. Lees and Buoniconti moved that the bill be amended in section 2, in item 7027-0016 by inserting at the end thereof the following:-“; provided further, that not less than $50,000 shall be expended for Junior Achievement of Western Massachusetts”.
The amendment was rejected

Mr. Tarr moved that the bill be amended in section 2, by inserting after item 7010-0030 the following new item:-“7010-_____ For costs associated with the planning and design of a new Essex North Shore Agricultural and Technical School in the town of Danvers…..$250,000”.
The amendment was rejected

Messrs. Brewer and Antonioni moved that the bill be amended in section 2, in item 7509-0100, by inserting at the end the following:- “; provided, that $150,000 shall be expended to develop a program to provide technical assistance to state facilities and public school districts to reduce energy costs through the utilization of renewable energy systems”; and by striking the figure “11,980,266” and inserting in place thereof the following figure:- “12,130,266”.
The amendment was rejected

Ms. Jehlen moved that the bill be by adding the following section:-

“SECTION __: The Department of Education shall procure a full and independent review of the effectiveness of charter schools in Massachusetts , to be conducted by a reputable entity not affiliated with charter schools or regular public schools in the Commonwealth. Said study shall examine existing policies governing charter schools as well as all charter schools presently operating in Massachusetts; provided further, that said study shall provide insight into how well charter schools are advancing reforms in Massachusetts, how well they are serving Massachusetts children, and how well they are meeting the mission of replicable innovation defined for them in the Education Reform Act of 1993. Said shall analyze: 1. The pattern of student, teacher and administrative attrition in comparison with sending school districts to assess the stability of the instructional program and leadership provided by the charter school and to assess the ability of charter schools to retain students and highly qualified personnel; 2. Student recruitment and enrollment patterns, particularly for subgroups identified under the No Child Left Behind Act, in order to ascertain the degree to which charter schools reflect the student distribution of sending school districts, and further the study shall assess the attrition rate for various subgroups in order to identify the type of students who leave the charter school and the reasons for leaving; 3. The qualifications and certifications of teachers and administrators staffing the charter schools to assess the degree to which children are taught by highly qualified personnel; 4. The accuracy of the waiting lists currently reported for enrollment in charter schools; 5. Due process compliance for special education and English language learners and the degree to which charter schools make appropriate accommodations for these students; 6. Compliance with statutes governing the operations of public institutions such as the open meeting law, public bidding laws, and the public records law; 7. The degree to which the charter schools’ programs are consistent with and sustain the original intent outlined in the approved application of said charter school; 8. The degree to which charter schools have created innovative teaching and learning models applicable to the sending public schools and have shared this information with the sending public schools; 9. The pattern of spending for various categories identified in the End-of-the-Year report such as administration, financial management, instruction, special education, maintenance, etc. in comparison with the sending public schools; 10. The general management of charter school student discipline through expulsions, suspensions and other disciplinary actions; 11. Improvement in charter school student performance as compared to that of the sending school districts; 12. Identification of particularly successful and unsuccessful educational practices among charter schools with a delineation of those successful practices that may be replicable within public schools. This study shall be completed by no later than March 15^th, 2007, a copy of which shall be filed with the Clerk of the House of Representatives, the Clerk of the Senate, the Chairs of the House and Senate Committees on Ways and Means, and the Chairs of the Joint Committee on Education by no later than March 19^th, 2007”.
The amendment was rejected.

Mr. Joyce and Ms. Fargo moved that the bill be amended in section 2, in item 7035-0002, by striking out the figure “$29,322,628” and inserting in place thereof the following figure:- “32,322,628”.
The amendment was rejected

Mr. Joyce and Mr. Creedon moved that the bill be amended in section 2, in item 7061-9404, by inserting after the words “New Bedford”: - “; provided further, that $100,000 shall be expended to the Easton public schools for the purpose of the funding of new computers and equipment”.
The amendment was rejected

Mr. Joyce moved that the bill be amended in section 2, in item 7061-9404, by inserting after the word “Lynn” “; provided further, that not less then $1,000,000 shall be expended for language immersion programs in municipalities that contain over 1,800 acres in state-owned land , including Department of Conservation land, in said town(s)”; and by striking out the figure “$10,339,647” and inserting in place thereof “$11,339,647”.
The amendment was rejected

Mr. Joyce moved that the bill be amended in section 2, in item 7061-0011, by inserting after clause (10) the following clause:- “(11) assist towns that before fiscal year 2004 did not receive payment in lieu of taxes for state-owned land if more than 20 per cent of the land in the town was state-owned, including department of conservation and recreation lands;”.
The amendment was rejected

Ms. Jehlen and Messrs. Timilty, Montigny and Panagiotakos, and Ms. Creem, moved that the bill be amended, by adding the following section:-

“SECTION__: Chapter 71, Section.89 of the General Laws is hereby amended by striking out subsection (o) and adding the following subsection:

Each charter school shall annually, no later than April 1, notify each public school district in writing of the number of students who will be attending the charter school from the district the following September as well as the number of new students who will be transferring from that district to the charter school in the following September. Enrollment figures should be based on the previous year’s enrollment in a manner identical to the calculation of a district’s chapter 70 aid. Except in the case of charter schools that have been open less than five years or charter schools that have received approval from the Department of Education in the past year to increase enrollment, first quarter tuition payments would be based on their previous year's enrollment figure, with payments in subsequent quarters based on actual enrollment figures as of October 1. For charter schools that have been open less than five years or schools that have received approval from the Department of Education in the past year to increase enrollment, first quarter payments will be based on projected enrollment figures”.
The amendment was rejected

Mr. Hart moved that the bill be amended in section 2, in item 4800-0038, by inserting after the words “court diversion program”, the following : - “provided further, that not more than $140,000 shall be expended for the Comprehensive School Age Parenting Program, Inc. for maintaining and expanding its year-round school based program in Boston high schools, middle schools, pilot schools and small schools education complexes for pregnant teens, young mothers and fathers and other youth at high risk for school drop out”.
The amendment was rejected

Mr. Hart and Messrs. Tarr, Barrios, Moore moved that the bill be amended in section 2, in item 7000-9401 by striking the figures $15,480,361.00 and inserting in place thereof the figures $16,509,172.00.
The amendment was rejected

Messrs. Hart, Barrios, and Moore moved that the bill be amended in section 2, in item 7000-9506 by striking out the figures $2,833,000.00 and inserting in place thereof the figures $3,333,000.00.
The amendment was rejected

Mr. Hart moved that the bill be amended in section 2, in item 7004-0099 by inserting after the words “Worcester Housing Authority” the following; - “provided further, that $200,000 shall be expended for community-based after school programs administered by the Black Ministerial Alliance, Inc. and PACE in the city of Boston ”.
The amendment was rejected

Mr. Hart moved that the bill be amended in section 2, by adding the following new line item:

7061-xxxx
For the National Foundation for Teaching Entrepreneurship's (NFTE) middle and high school programming to under-performing urban school districts in Massachusetts. NFTE (pronounced 'nifty') teaches entrepreneurship to young people from low-income communities to enhance their economic productivity by improving their business, academic and life skills. NFTE's curriculum aligns with State Standards in Mathematics, English Language Arts, and History and Social Science and correlated to the National Business Education Association's National Standards for Entrepreneurship……………………………$500,000”.

The amendment was rejected

Mr. Hart moved that the bill be amended by inserting, after Section ___, the following new Section: -

“SECTION _____. Section 89 of Chapter 71 of the Massachusetts General Laws, as appearing in the 2002 Official Edition is hereby amended by striking out the third and fourth sentences in subsection (i) and inserting in place thereof the following three sentences:-

‘(i) …… In any fiscal year, a public school district’s total charter school tuition payment to the commonwealth charter schools shall not exceed 9 per cent of said district’s net school spending; provided, however, that a public school district’s total charter tuition payment to commonwealth charter schools may equal 20 percent of said district’s net school spending if the board determines the MCAS scores for a school district place said district in the lowest ten percent of all statewide MCAS test performance scores for two consecutive years . The board shall not approve additional applications for any new charter schools in these designated school districts if the district’s MCAS test scores rise above the bottom ten percent of all statewide MCAS scores for any 2 consecutive years after said determination is made by the board. The commonwealth shall incur charter school tuition payments for siblings attending commonwealth charter schools to the extent that their attendance would otherwise cause said school district’s charter tuition payments to exceed 9 percent of said school district’s net school spending.’ “.
The amendment was rejected

Mr. Nuciforo moved that the bill be amended in section 2, in item 7113-0105, by striking the figure “$350,000” and inserting in place thereof the following figure:-“$425,000”.
The amendment was rejected

Mr. Joyce moved that the bill be amended in section 2, in item 7061-9408, by inserting after the word “organization” “; provided further, that not less then $1,000,000 shall be expended to the Town of Randolph for targeted intervention to assist the town in increasing middle and high school graduation rates. Further, said funding may be used to increase multi-cultural awareness and sensitivity to English as Second Language ( ESOL ) speakers and the teaching of the English language to non-English speakers”; and by striking out the figure “$5,000,000” and inserting in place thereof “$6,000,000”.
The amendment was rejected

Mr. Knapik moved that the bill be amended in section 2, in item 7061-9404 by inserting after the words “after school programs in the city of New Bedford;” the following:- “provided further, that not less than $20,000 shall be provided to the Easthampton Elementary After School Program in the city of Easthampton”.
The amendment was rejected

Mr. Knapik moved that the bill be amended in section 2, by inserting after item 7115-0100 the following item:-

“7115-0101
For the Westfield Energy Efficiency Cogeneration Project at Westfield State College……………………………………………………...$1,500,000”

The amendment was rejected

Mr. Knapik moved that the bill be amended in section 2, by inserting after item 7115-0100 the following item: “7115-0103 For the Law Enforcement Training Program at Westfield State College ………………………….………………………..$150,000”
The amendment was rejected

Mr. Knapik moved that the bill be amended in section 2, by inserting after item 7506-0100 the following item:

“7506-0101
For the Adult and Family Literacy Center at the Multi-Modal Transportation Facility in Downtown Holyoke ……………………………….$100,000”.

The amendment was rejected

Mr. Knapik moved that the bill be amended in section 2, by inserting after item 7115-0100 the following item:

“7115-0102
For the Synthetic Track and Field Replacement Project at Westfield State College………………………………………………………………...$1,000,000”.
The amendment was rejected

Timilty, O'Leary, Brown, Tarr, Nuciforo, Rosenberg, Lees, Baddour and Creedon, Ms. Chandler, Ms. Resor, and Ms. Spilka moved that the bill be amended in section 2, in item 7035-0006, by striking out the figure “$50,000,000” and inserting in place thereof the following figure:- “$63,400,000”.
The amendment was rejected

Mr. Hart moved that the bill be amended in section 2, in item 7027-0019 by striking the figure “$4,129,687” and inserting in place thereof the following figure:- “$7,129,687”.
The amendment was rejected

Mr. Creedon moved that the bill be amended in section 2, in item 7027-0016 by adding the following:- “; provided further, that not less than $300,000 shall be expended for My Turn in Brockton ”. ; and by deleting the figure $1,969,566 and inserting in place thereof the following figure:- $2,269,566.
The amendment was rejected

Mr. Baddour moved that the bill be amended in section 2, by striking out item 7061-9408 and inserting in place thereof the following item:-

“7061-9408
For targeted intervention to schools and districts at risk of or determined to be underperforming under sections 1J and 1K of chapter 69 of the General Laws; provided, that no money shall be expended in any school or district that fails to file a comprehensive district plan pursuant to section 1I of said chapter 69; provided, schools given priority for targeted intervention under this item shall be any school which meets a predetermined measure of underperformance set by the Board of Education; provided further, that funds may be expended on grants which allow for the implementation of whole school reform in schools and districts; provided further, that the department shall only approve reform plans with proven, replicable results in improving student performance; provided further, that in carrying out this item, the department may contract with school support specialists, turnaround partners and such other external assistance as is needed in the expert opinion of the commissioner, to successfully turn around failing school and district performance ;provided further that district officials and teacher union representatives in schools receiving funds have taken or have expressed the intention to take those actions necessary to remove barriers (policies, practices, work rules, organizational structures, and/or relationships that would impede improvement efforts) to successful implementation of planned improvement strategies; provided further, that no funds shall be expended on targeted intervention unless the department shall have approved, as part of the comprehensive district improvement plan, a professional development plan which addresses the needs of the district as determined by the department; provided further, that eligible professional development activities for purposes of this item shall include but not be limited to: professional development among teachers of the same grade levels and teachers of the same subject matter across grade levels, professional development focused on improving the teacher’s content knowledge in the field or subject area in which the teacher is practicing, professional development which provides teachers with research based strategies for increasing student success, professional development teaching the principles of data driven instruction, and funding which helps provide common planning time for teachers within a school and within the school district; provided further, that preference in the awarding of such funds shall be given to professional development in math and English content skills; provided further, that funds from any targeted intervention grant may be used to partially offset the cost of said professional development and common planning time; provided further, that funds may be expended for the purchase of instructional materials pursuant to section 57 of chapter 15 of the General Laws; provided further, that no funds shall be expended on instructional materials except where the purchase of such materials is part of a comprehensive plan to align the school or district curriculum with the Massachusetts curriculum frameworks; provided further, that funds may be expended on leadership academies for principals and superintendents pursuant to section 58 of chapter 15 of the General Laws; provided further, that such training shall focus on expanding and increasing the capacity of the principal or superintendent to be an instructional and educational leader within their district and schools and shall include, but not be limited to: training in effective personnel evaluation, curriculum development, with a focus on aligning the curriculum with the Massachusetts curriculum frameworks established pursuant to chapter 69 of the General Laws, school-based management skills, with a focus on distributed leadership, data analysis skills that enhance the capacity of the principal or superintendent to create an environment of data driven instructional change, and techniques for developing cooperative relationships with parents and community organizations; provided further, that the department shall issue a report, not later than February 1, 2007 and annually thereafter describing and analyzing all intervention and targeted assistance efforts funded by this item; provided further, that such report shall include but not be limited to: the number of school and school districts eligible to receive such assistance, the number of students attending school in the districts, the nature and type of intervention activities funded through this item, by school and school district, the number of teachers in professional development funded in part through this item, the number of districts with curricula or professional development systems aligned with the Massachusetts curriculum frameworks, and the number that are undertaking that effort with grants funded by this item, the number of outside vendors with whom the department has contracted to provide intervention and turnaround services, the amount each vendor has received, and the results obtained in each instance, the number of students who have passed the MCAS assessment and obtained a competency determination through these programs, before and during the period of intervention and turnaround and any other data relative to the successes achieved or challenges faced by the effort to turn around schools, along with any legislative or budgetary recommendations for improving the initiative and increasing the success of all intervention efforts; provided further, that the report shall be provided to the secretary of administration and finance, the senate president, the speaker of the house, the chairpersons of the house and senate ways and means committees and the house and senate chairpersons of the joint committee on education; provided further, that no funds shall be expended on recurring school or school district expenditures unless the department and school district have developed a long-term plan to fund such expenditures from the district’s operational budget; provided further, that for the purposes of this item, appropriated funds may be expended through August 31, 2007 to allow for intervention, teacher, principal and superintendent training and professional development which occurs in the summer months; and provided further, that any funds distributed from this item to a city, town or regional school district shall be deposited with the treasurer of the city, town or regional school district and held in a separate account and shall be expended by the school committee of the city, town or regional school district without further appropriation, notwithstanding any general or special law to the contrary…...$10,000,000

The amendment was rejected

Messrs. Tarr, Lees, Knapik and Brown moved that the bill be amended in section 2, in item 7100-0400, by striking the figure “$100,000” and inserting in place thereof the following figure:- “$150,000”.
The amendment was rejected

Messrs. Antonioni and Tarr, Ms. Creem and Ms. Spilka, moved that the bill be amended in section 2, by inserting, after item 7061-9604, the following item:-

“7061-9611
For grants or subsidies for after-school and out-of-school programs; provided, that preference shall be given to after-school proposals developed collaboratively by public and non-public schools and private community based programs; provided further, that the department of education shall fund only those applications which contain accountability systems and measurable outcomes, under guidelines to be determined by the department in consultation with the department of early education and care; provided further, that applicants shall detail funds received from all public sources for existing after-school and out-of-school programs and the types of programs and type of students served by said funds; provided further, that funds may be directed to increase comprehensive after-school and out of school time programming to school age children and youth during the school year and the summer, including but not limited to 21st Century Community Learning Centers programs; provided further, that funds from this item may be used for a variety of activities, including but not limited to:

(1) academic tutoring and homework centers where content is linked to and based on the curriculum guidelines promulgated by said department,

(2) programs which improve the health of students, including physical activities, athletics, nutrition and health education, and exercise,

(3) art, theater, and music programs developed in collaboration with the Massachusetts cultural council, local cultural councils, or cultural organizations in the Commonwealth funded by the Massachusetts cultural council,

(4) enrichment activities not otherwise provided during the school day,

(5) advanced study for the gifted and talented, and

(6) community service programs; provided further, that $400,000 from this item shall be expended for services that actively include children with disabilities in after-school programs that also serve non-disabled children and services that include children where English is a second language, including but not limited to: increased per-child reimbursement rates, additional staff, technical assistance, training, and transportation; provided further, that the department of education shall consult the executive office of health and human services and the department of early education and care to maximize the provision of wrap-around services and to coordinate programs and services for children and youth during after-school and out-of-school time programs in order to maximize the provision of “wrap-around” health and human services, so called; provided further, that the department shall select grant recipients not later than September 30, 2006 , and shall report on the preliminary results of said grants not later than February 15, 2007 , to the secretary of administration and finance, the house and senate chairs of the joint committee on education, and the chairs of the house and senate committees on ways and means; and provided further, that for the purpose of this item, appropriated funds may be expended through August 31, 2007 to allow for implementation of said programs during the summer months; and provided further that $50,000 be directed to the Massachusetts After school Partnership to convene regional networks, to work with the department of education and the department of early education and care to support the implementation of school-community partnerships, and to submit a reports by October 15, 2007 , to the General Court and the administration making recommendations on how to enhance school-community partnerships and positive outcomes for children and youth through funding as provided in this line item ............ $4,000,000”.
The amendment was rejected

Messrs. Antonioni, Tarr, Nuciforo, Barrios, Brewer, and Ms. Fargo moved that the bill be amended in section 2, by striking item 7061-9614 and inserting in place thereof the following item:-

“7061-9614
For the alternative education grant program established pursuant to section 1N of chapter 69 of the General Laws; provided that the commission shall allocate funds for both subsections (a) and (b) of said section 1N of chapter 69; and provided further that not more than $250,000 shall be allocated for evaluation and replication of programs funded under subsection (b) of section 1N of chapter 69…………………..$1,500,000”.
The amendment was rejected

Messrs. Antonioni, Joyce, Augustus, Ms. Walsh, Ms. Jehlen, Ms. Spilka, Ms. Creem, and Ms. Resor, Messrs. Tarr and Timilty moved that the bill be amended in section 2, by inserting, after item 7061-9408, the following item:-

“7061-9600
For a discretionary grant pilot program with the purpose of providing monies to school districts and state public institutions of higher education partnering together to offer concurrent enrollment programs for students with disabilities, as defined in section 1 of chapter 71B of the General Laws, ages 18-22; provided that said students with disabilities can be enrolled in any credit or noncredit courses that include non-disabled students; and provided further that the department, in consultation with the board of higher education, shall develop guidelines to ensure that the grant program promotes civic engagement and mentoring of faculty in state institutions of higher education, and supports college success, work success, and provision of a free, appropriate public education in the least restrictive environment………….$750,000”.

The amendment was rejected

Mr. Antonioni moved that the bill be amended in section 2, in item 7027-0016 by striking the figure “$942,191” and inserting in place thereof the following figure:- “$1,125,950” and by striking the figure “$1,969,566” and inserting in place thereof the following figure:- “2,153,325”.
The amendment was rejected

Mr. Antonioni moved that the bill be amended in section 2, in item 7030-1002, by inserting after the words, “new full-day classrooms” the following language:-“provided further that not more than $200,000 shall be expended in any one transition grant;”.
The amendment was rejected

Messrs. Brewer, Tarr, Joyce and Timilty, Ms. Spilka, Messrs. Augustus, Moore and Rosenberg, Ms. Resor, Ms. Chandler and Ms. Creem moved that the bill be amended in section 2, by inserting after item 7035-0007 the following new item:-

“7035-0008
For reimbursements to school districts for the cost of transporting special education students; provided, that reimbursements shall be prorated so that expenses of this item do not exceed the amount appropriated in this item; provided further, that upon receipt by the department of education of special education transportation expenditures from school districts, the department shall reimburse districts based on fiscal year 2006 claims…..…………………..…………………….$10,000,000”.

The amendment was rejected.

Mr. Rosenberg moved that the bill be amended in section 2, in item 7061-0011 by inserting in (4) after the words “stresses in the commercial” the following word:- “agricultural;” and by inserting in (5) after the words “per capita income below” the words:- “120 percent of” and after the words “valuation per capita above” the words:- “80 percent of;” and by inserting in (10) after the words “student transportation costs”; the following:- “provided, that systems with greater that a 15 percent decline in enrollment over the past five years shall receive priority in this category; and”.
The amendment was rejected

Messrs. Buoniconti and Lees moved that the bill be amended in section 2, in item 7061-9404 by inserting the following:-“; and provided further, that $300,000 shall be transferred to the Efficacy Institute for work in "Campaigns for Proficiency" in Springfield, Boston and Lawrence, to be used for training public school teachers and youth workers in after-school programs in methods for using assessment data to develop effective strategies to improve student performance on the MCAS”.
The amendment was rejected

Messrs. Tarr, Lees, Tisei, Knapik, Hedlund, Brown, and Brewer moved that the bill be amended by inserting at the end the following new section:-

“SECTION XX. Chapter 71 of the General Laws, as appearing the 2002 Official Edition, is hereby amended in section 2 by adding the following after the word “government” and a program of relating to the flag of the United States of America, including but not limited to proper etiquette, the correct use and display of the flag, and the provisions of 36 U.S.C. 170 to 177”.
The amendment was rejected

Ms. Creem and Messrs. Timilty and Tarr moved that the bill be amended in section 2, in item 7007-0500, by striking out the wording and figure and inserting in place thereof the following:-

“7007-0500
For the operation and maintenance of the Massachusetts Biotechnology Research Institute for the purpose of promoting the commercialization of new, academic-based research and development, and raising the scientific awareness of the communities of the commonwealth; provided that not less than $250,000 shall be expended for a stem cell research grant program, which shall support innovative research by investigators who are in the formative stages of their careers and shall award grants to investigators, post-doctoral fellows and assistant professors who are within ten years after completion of their highest degree or within ten years after completion of clinical training and will be working in the field of regenerative medicine, including, but not limited to, research and clinical applications involving the derivation and use of human embryonic stem cells, human embryonic germ cells, placental and umbilical cord cells and parthenotes…………………………………………………….$750,000”.

The amendment was rejected

Messrs. Lees, Tisei, Tarr and Moore moved that the bill be amended in section 2, in item 7100-0200 by inserting after the words “William Monroe Trotter Institute at the University of Massachusetts” the following words:- “; provided further, than not less than $231,000 shall be expended for the Beacon Leadership Foundation, Inc. for the purposes of an oral history project which shall include a history of state government”.
The amendment was rejected

Messrs. O'Leary and Rosenberg moved that the bill be amended in section 2, in item 7066-000, by striking out the figure “$2,753,819” and inserting in place thereof the following figure:- “$3,434,904”.
The amendment was rejected

Ms. Spilka and Mr. Tarr moved that the bill be amended by adding at the end thereof the following new section:-

“SECTION ___. Notwithstanding any general or special law to the contrary, there shall be continuing funding of $3 million for the Massachusetts Technology Transfer Center , hereinafter referred to as the Center, at the University of Massachusetts , that shall facilitate the transfer of technology from the commonwealth's research institutions to the commonwealth's industries, for productive use by such industries.

The Center shall continue to provide advice and assistance to public and private research institutions on strategies for technology transfer including, but not limited to, advice and assistance in the following areas:

1. assessing the viability and value of developing technologies;

2. defining and exploiting potential markets for such technologies;

3. commercialization strategies;

4. intellectual property issues, including licensing strategies; and

5. business development.

Center shall provide to public and private research institutions gap funds to support commercialization research and development on technologies that have been developed at institutions within the state. These funds would be awarded competitively and could be used for such purposes as, but not limited to,

1. Developing prototypes.

2. Undertaking initial feasibility testing or industrial testing.

3. Obtaining data on performance of new technologies

4. Developing user friendly interfaces for the new technology.

board of trustees of the University of Massachusetts , in consultation with the director of business and technology, shall appoint an executive director of the center. The executive director shall devote his full time to the operation of the center and may be removed at the pleasure of the board of trustees. The executive director shall report annually to the department of business and technology on the number of technology transfer transactions or projects that have been consummated with the assistance of the center, the names and geographic locations of the recipient industries and the estimated number of new jobs created as a result of such transactions or projects.

There shall continue to be an advisory committee relative to the center consisting of the director of business and technology, or his designee, the director of science and technology within the department of business and technology and 7 members selected by the executive director of the center, with the approval of the board of trustees, 1 of whom shall be a representative from a technology industry, at least 1 such member shall be a representative from academia, at least 1 such member shall have experience in venture financing and at least 1 such member shall have experience in public administration. The appointed members of the committee may be removed by the executive director with or without cause, subject to the approval of the board of trustees, and shall serve without compensation, except that each member shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of official duties. The advisory committee shall meet at least twice annually”.
The amendment was rejected.

Mr. O'Leary, Ms. Tucker, Messrs. Montigny, Rosenberg, Creedon, Buoniconti and Antonioni moved that the bill be amended in section 2, in item 7027-0016, by striking out the figure “$200,000” and inserting in place thereof the following figure:- “$500,000”; and in said item, by striking out the figure “$1,969,566” and inserting in place thereof the following figure:- “$2,359,566”.
The amendment was rejected

Messrs. Lees and Buoniconti moved that the bill be amended in section 2, in item 7061-9404 by inserting at the end thereof the following:- “provided further, that $300,000 shall be transferred to the Efficacy Institute for work in “Campaigns for Proficiency” in Springfield, Boston, and Lawrence, to be used for training public school teachers and youth workers in after-school programs in methods for using assessment data to develop effective strategies to improve student performance on the MCAS”.
The amendment was rejected.

Mr. Rosenberg moved that the bill be amended in section 2, in item 7061-0029 by inserting after the words “General Laws,” the following:- provided “, that not less than $250,000 shall be expended for the Massachusetts Educational Research Data Center at the University of Massachusetts at Amherst”.
The amendment was rejected.

Messrs. Moore, Brewer, Joyce, Knapik, O'Leary, Panagiotakos, Timilty, Tisei, and Ms. Resor and Mr. Tarr moved that the bill be amended by adding at the end thereof the following new Sections:-

SECTION . The first paragraph of section 57 of chapter 59 of the General Laws, as appearing in section 102 of chapter 149 of the acts of 2004, is hereby further amended by striking the last sentence”.

“SECTION . The seventh paragraph of section 57C of chapter 59 of the General Laws, as appearing in section 26 of chapter 352 of the acts of 2004, is hereby further amended by striking out the second sentence”.
The amendment was rejected

Mr. Tarr moved that the bill be amended in section 2, in item 7004-0099, by inserting after the words “Worcester Housing Authority” the following:- “provided further, that not less than $50,000 shall be expended for the planning and design of a new senior center in the Town of North Reading ”.
The amendment was rejected

Ms. Menard moved that the bill be amended by inserting, after Section 104, the following new Section: -

“SECTION 105. Section 94B of Chapter 32 of the General Laws, is hereby amended by inserting after the word “unit”, in line 7, the following words: - , municipal police.
The amendment was rejected

Mr. Tarr moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words, “Cranberry Harvest Map” the following:- “provided further, that not less than $400,000 shall be expended for the planning, design and construction of an artificial surface on Alumni Field in the Town of Wilmington, subject to 1:1 matching funds from the Town;”.
The amendment was rejected

Mr. Tarr moved that the bill be amended in section 2, in item 7007-0900, by inserting after the words “Cranberry Harvest Map” the following:-“provided further, that not less than $250,000 shall be expended for improvements to the Georgetown Peabody Library in the town of Georgetown ”.

The amendment was rejected.

Mr. Tarr moved that the bill be amended in section 2, in item 7007-0900 by inserting after the words “Cranberry Harvest Map”, the following:- “provided further, that not less than $100,000 shall be expended for maintenance and repairs to the roof of the town hall in Essex ”.
The amendment was rejected

Mr. Tarr moved that the bill be amended in section 2, in item 8000-0010, by inserting after the words, “of these grants” the following:- “provided further, that not less than $70,000 shall be expended for the purchase of an emergency generator in the Town of Rowley ”. ; and further, by striking the figure “$21,271,035” and inserting the in place thereof the following:- “$21,341,035”.
The amendment was rejected

Ms. Chandler, Messrs. Brown and Timilty, and Ms. Tucker, Messrs. Brewer, Joyce, Augustus and Tarr moved that the bill be amended in section 2, by striking out the item 0611-5510 and inserting in place thereof the following item:-

“0611-5510
For reimbursements to cities and towns in lieu of taxes on state-owned land pursuant to sections 13 to 17, inclusive, of chapter 58 of the General Laws; provided however, that all cities and towns receive no less than the amount of money they received the previous fiscal year to offset changes in assessment and that funds distributed based on the previous fiscal year shall only be available on a one-time non recurring basis; provided further, that the treasurer and receiver general receive written certification from the division of capital asset that each city and town has no less than the same amount of state-owned land as the had the previous fiscal year; …………………………………………………………………………$26,961,766”.

The amendment was rejected.

Ms. Chandler, Messrs. Brown and Timilty, Ms. Tucker, Messrs. Brewer, Joyce, Augustus and Tarr moved that the bill be amended in section 2 by striking out the item 0611-5510 and inserting in place thereof the following item:-

“0611-5510
For reimbursements to cities and towns in lieu of taxes on state-owned land pursuant to sections 13 to 17, inclusive, of chapter 58 of the General Laws; provided however, that all cities and towns receive no less than three-quarters the amount of money they received the previous fiscal year to offset changes in assessment and that funds distributed based on the previous fiscal year shall only be available on a one-time non-recurring basis ; provided further, that the treasurer and receiver general receive written certification from the division of capital asset that each city and town has no less than the same amount of state-owned land as they had the previous fiscal year…………………………………$26,004,844”.

The amendment was rejected

Mr. Tolman moved that the bill be amended by inserting, after Section 104, the following new Section:-

“SECTION XX. The first sentence of section 1 of Chapter 311 of the Acts of 2002 is hereby amended by striking out “1984” and inserting in place thereof the following: - ‘1989’.”
The amendment was rejected.

Messrs. Creedon, Barrios, Joyce and Timilty moved that the bill be amended by inserting after Section 104 the following new Sections: -

SECTION_____ . Section 32 of chapter 184 of the General Laws is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

“Such conservation, preservation, agricultural preservation, watershed preservation and affordable housing restrictions are interests in land and may be acquired by any governmental body or such charitable corporation or trust which have power to acquire interest in the land, in the same manner as it may acquire other interests in land. Such a restriction may be enforced by injunction or other proceeding, and shall entitle representatives of the holder to enter the land in a reasonable manner and at reasonable times to assure compliance. If the court in any judicial enforcement proceeding, or the decision maker in any arbitration or other alternative dispute resolution enforcement proceeding, finds there has been a violation of any such restriction or of any other restriction described in section 26(c) of this chapter then, in addition to any other relief ordered, the petitioner bringing such action or proceeding shall be awarded reasonable attorneys’ fees and costs incurred in such action or proceeding. Such a restriction may be released, in whole or in part, by the holder for such consideration, if any, as the holder may determine, in the same manner as the holder may dispose of land or other interests in land, but only after a public hearing upon reasonable public notice, by the governmental body holding the restriction or if held by a charitable corporation or trust, by the mayor, or in cities having a city manager the city manager, the city council of the city or the selectmen of the town, whose approval shall be required, and in case of a restriction requiring approval by the secretary of environmental affairs, the Massachusetts historical commission, the director of the division of water supply protection of the department of conservation and recreation, the commissioner of food and agriculture, or the director of housing and community development, only with like approval of the release”.

SECTION ______. Notwithstanding any general or special law to the contrary, the provisions of the preceding section shall apply to all enforcement actions commenced after the effective date thereof relative to applicable restrictions granted prior to, on and after said date.
The amendment was rejected.

Messrs. Tarr, Joyce and Brewer moved that the bill be amended in section 3, by inserting after the words “amount it received in fiscal year 2006” the following:- “and provided further that every school district shall receive at least the amount received under section 3 of chapter 184 of the acts of 2002”; and by amending said section by striking the distribution table and inserting in place thereof the following table:-