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The 191st General Court of the Commonwealth of Massachusetts

Bill H.4144 187th (2011 - 2012)

An Act making appropriations for the fiscal year 2012 to provide for supplementing certain existing appropriations and for certain other activities and projects

House bill No. 4132, as changed by the committee on Bills in the Third Reading, and as amended and passed to be engrossed by the House. May 31 and June 4, 2012.

Bill Information

[Text of the Senate amendments to the House bill making appropriations for the fiscal year 2012 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 4144 )]


Clerk #1

NEW BEDFORD COURT HOUSE MASTER PLAN

Mr. Montigny moves to amend the bill, H. 4144, in section 45, by inserting after the words “regional justice center”, the following:
; provided further, that said courthouse master plan shall be completed on or before May 1, 2013

Clerk #2

WITHDRAWN

Clerk #3

WITHDRAWN


Clerk #4

Jackson Square Ice Rink

            Ms. Chang-Diaz moves that the bill (House No. 4144) be amended by inserting, after section 71, the following new section:-
            SECTION 72.  Section 2A of Chapter 312 of the Acts of 2008 is hereby amended, in line item 2840-7014, after the word “Walpole,” by striking out the text “provided further, that not less than $5,659,000 shall be expended for construction of a permanent ice skating rink in Jamaica Plain;” and inserting in place thereof the following new text:- “provided further, that not less than $5,659,000 shall be expended for construction of a permanent ice skating rink and recreation center in the Jackson Square section of Roxbury and Jamaica Plain and that these funds will be provided to the developer designated by the City of Boston through the selection process initiated in July 2004 and following approval of the project through the City of Boston’s Article 80 process, which approval was granted on June 16, 2011 and documented in the approved Memorandum to the Boston Redevelopment Authority of the same date;”

Clerk #5

Vending Machine Fees

Mr. Timilty moves to amend the bill (H. 4144) by adding at the end thereof the following new Section:-
"SECTION X. Notwithstanding any general or special law to the contrary, the Department of Public Health shall be prohibited from raising licensing fees for food vending machines without the approval of the Legislature."

Clerk #6

Salem State Assistance Corporation Update

Mr. Berry moves to amend the bill (House, No. 4144) by inserting, at the end, the following new sections: -
"SECTION XX. Section 277 of chapter 60 of the acts of 1994 is hereby amended by striking out the word “college” throughout said section and inserting in place thereof the word “university”.
SECTION XX.  Subsection (b) of section 277 of chapter 60 of the acts of 1944 is amended by adding at the end thereof, the following definition: -
““enterprise center”, the enterprise center at Salem state university, a small business growth center which attracts and retains small and growing businesses and offers a wide range of workshops and educational programs for entrepreneurs, owners of small and growing businesses and managers of non-profit organizations and provides office and light manufacturing space and related facilities.”
SECTION XX.  Subsection (b) of section 277 of chapter 60 of the acts of 1994 is hereby amended by striking out the definition of “site” and inserting in place thereof the following definition:-
““site”, the 37.5 acre site, within the city of Salem, which was formerly the site of the GTE/Sylvania plant, located proximately between the north and south campuses of Salem state university and such other properties, including land and buildings thereon, as are determined by the corporation to be important in allowing the corporation to fulfill its purposes.”
SECTION XX.  Paragraph (2) of subsection (c) of section 277 of chapter 60 of the acts of 1994 is hereby amended by striking out the last sentence.

SECTION XX.  Subsection (c) of section 277 of chapter 60 of the acts of 1994 is hereby amended by striking out paragraph (5) and inserting in its place the following paragraph: -

“(5)   The purposes of the Corporation shall be to (i) promote the orderly growth and development of the university, (ii) to assist the university in securing physical and financial resources necessary for the acquisition and development of the site, and (iii) to manage and operate the enterprise center.””

Clerk #7

WITHDRAWN

         Clerk #8

Soldiers’ Homes Report

Mr. Rush moves to amend the bill (House, No. 4144) in Section 48 by adding at the end thereof the following:
“Provided further, that the Executive Office of Health and Human Services, the Executive Office for Administration and Finance, and the Department of Veterans’ Services  in consultation with the Federal Veterans Administration shall issue a comprehensive report  to the Legislature on the projected future standing of the Soldiers’ Home in Massachusetts and the Soldiers’ Home in Holyoke.  Said report shall include, but is not limited to: the number of veterans being served and costs associated with said service; a detailed five-year and ten-year master plan for capital facility improvements and expansion; a strategic plan to maximize unused Federal Per Diems under current VA apportionment guidelines; potential reorganization and restructuring of said Soldiers’ Homes to maximize state funding to said facilities. Said report shall be filed with the Joint Committee on Veterans and Federal Affairs and the Senate and House Committees on Ways and Means by no later than March 1, 2013.” 

Clerk #9

Worcester Training Center

Mr. Michael O. Moore moves to amend the bill (House, No. 4144), in Section 2A, by inserting after item 7077-0024 the following item:-

“7077-XXXX    For the establishment of a new health care and workforce development training center for Quinsigamond Community College in downtown Worcester…….$2,000,000”.

Clerk #10

County Correctional Facilities

Mr. Donnelly moved that the bill be amended by inserting at the end thereof the following new section:-
Section XX.   Item 8900-0001 of section 2 of said chapter 68 is hereby amended by adding the following words:- Provided further, that the department shall expend not less than $2,000,000 for cities and towns hosting county correctional facilities; provided further, that of such $2,000,000, no city or town hosting a county correctional facility shall receive more than $500,000
In said section 2 of said chapter 68 by striking the figure “$509,360,246” and inserting in place thereof the following figure:- $511,360,246.

Clerk #11

MILL POND DAM IN ROCKPORT

Mr. Tarr moves to amend the bill (House, No. 4144) in section 2 by inserting after item _____ the following new item:-
“8800-0085  For services and costs associated with the repair of Mill Pond Dam in Rockport....$300,000

Clerk #12

WITHDRAWN

Clerk #13

Reporting Requirement

Mr. Tarr moves to amend the bill (House, No. 4144) in Section 28 by inserting after the word “section”, in line 406, the following words:- “ ; provided, however, that before a waiver is sought or a Transitional Reinsurance Program is to be implemented, the commissioner shall provide a report on the decision and the details of any program to the clerks of the senate and house of representatives and the senate and house committee on ways and means.”; and in Section 39 by inserting after the term “18063”, in line 476, the following words:- “ ; provided, however, that not later than 30 days before a risk adjustment program is established the board shall provide a report of the program to the clerks of the senate and house of representatives, the senate and house committee on ways and means and the joint committee on health care financing.”.

Clerk #14

WITHDRAWN

Clerk #15

October Storm Reserve

Messrs. Knapik and Welch and Ms. Candaras move to amend the bill (House, No. 4144), in section 2A, by inserting before item 1599-4278 the following item:-

“1599-0125  For a reserve for the state share of costs to certain municipalities as identified by the Federal Emergency Management Agency for Emergency Declaration 4051 relating to the October 29-30, 2011 severe winter storm, for the counties of Berkshire, Franklin, Hampden, Hampshire, Middlesex and Worcester;  provided, that the comptroller shall transfer funds made available in this item to municipalities for this purpose upon the written request of the secretary of administration and finance……………………………………………………$20,000,000”

Clerk #16

PAPE Rate for Health Centers Licensed by DSH Hospitals

            Mr. Hart moved that the bill (House No. 4144), be amended by inserting the following at the end:- “provided further, that the executive office shall make a supplemental payment to the fiscal year 2012 PAPE rate paid to federally qualified health centers in the southern section of the city of Boston operating under the license of a disproportionate share teaching hospital in Suffolk County to pay an overall reimbursement rate not less than the Medicaid rate paid to independent federally qualified health centers.”

Clerk #17

AED Grant Program

Mr. Richard T. Moore moves to amend the bill (House, No. 4144) by inserting at the end thereof the following new section:-
SECTION __. Notwithstanding any general or special law to the contrary, not less than $500,000 of any of the unexpended and unencumbered balances of appropriations on June 30, 2012, shall be made available to municipalities and school districts, including regional school districts, in the form of fifty percent matching grants administered by the executive office of public safety and homeland security for the purchase of automatic external defibrillators for use in schools, senior centers, or senior housing complexes, provided further, that grants may include matching funds for training in the use of such equipment and cardio-pulmonary resuscitation, CPR; and provided further, that local matching funds may be provided through the municipality or school district by local appropriation, or donations from non-profit organizations, or individual, corporate or foundation gifts.   Nothing contained herein shall limit the ability of said Executive Office to obtain the equipment through a bulk purchase arrangement to maximize the number of grants that may be made through these funds. Any funds distributed under this section shall be considered one-time grant funding, and shall in no way constitute a new and continuing funding source for cities and towns.

Clerk #18

Active Duty Civil Service

Mr. Richard T. Moore moves to amend the bill (House, No. 4144) by inserting at the end thereof the following new section:-
SECTION __. Section 58 of chapter 31 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting in line 24, after the word “examination”, the following:- “; provided, however, that an applicant who was not twenty-one on or before the date of an original examination but has since reached his twenty-first birthday while serving on active military duty shall be eligible for any subsequent make up examination that is offered.”

Clerk #19

Reimbursement Rate for Health Centers Licensed by a DSH Hospital

            Mr. Hart moved that the bill (House No. 4144), be amended by inserting the following at the end:-  “provided further, that the executive office shall pay an overall reimbursement rate for all primary and ancillary services received on the same day by a Mass Health or Commonwealth Care patient at a federally qualified health center in the southern section of the city of Boston operating under the license of a disproportionate share teaching hospital in Suffolk County by having an above or add-on incentive rate that is case based and encompasses multiple encounters in a day.”

Clerk #20

Corrective Amendment

Mr. Brewer moves to amend the bill (H. 4144) in section 19, in line 328, by striking out the word “and” and inserting in place thereof the following word:-  “or”; and
by inserting after section 41 the following section:-
“SECTION 41A.  Said section 5 of said chapter 176Q, as so appearing, is hereby further amended by striking out, in line 11, the word “Plans” and inserting in place thereof the following words:-  “Health plans”; and
in section 53, in line 583, by striking out the words “May 15, 2012” and inserting in place thereof the following words:-  “June 30, 2012”; and
by inserting after section 71 the following section:-
“SECTION 72. Section 13 shall take effect on October 1, 2012.”.

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