Bill H.4132 187th (2011 - 2012)

Amendment # 1

Ms. Malia of Boston moves to amend the bill by adding the following section:

“SECTION  . Chapter 312 of the Acts of 2008 is hereby amended in section 2A, in line-item 2840-7014, by striking out the following: “;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: “; 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 such 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 Article 80 process which approval was granted on June 16, 2011 and documented in the minutes of the Boston Redevelopment Authority Board of Directors of said date;”.

Amendment # 2

Mr. Scibak of South Hadley moves to amend House Bill 4132 by adding at the end thereof the following new section:

SECTION X. Section 55 of chapter 176 of the Acts of 2011 is hereby amended by striking the words “In paying the retirement allowance under the new election, the board, as defined in section 1 of said chapter 32, shall make appropriate adjustments, or arrange for appropriate repayments, upon such terms and condition as the board may prescribe, so as to recover any overpayments resulting from the prior election.” and inserting in please thereof:-

In paying the retirement allowance under the new election, the board, as defined in section 1 of said chapter 32, shall make appropriate adjustments, or arrange for appropriate repayments, so as to recover any overpayments resulting from the prior election. Any member may make a lump sum payment or installment payments over a period not exceeding five years and may, with the approval of the board, make installment payments over a period exceeding five years.

Amendment # 3

Mr. Bastien of Gardner moves to amend the House bill 4132 by adding the following section:-

SECTION XX: Section 3A of chapter 23A of the General Laws, as so appearing, is hereby amended by striking, in line 139, the figure “35,000” and inserting in place thereof the following: - “20,000”.

Amendment # 4

Mr. D’Emilia of Bridgewater moves to amend House bill 4132, in section 2, by inserting, after item 1599-3384, the following:
“2000-0100     For a reserve to meet the cost of proactive eradication and control of larvicide mosquitoes, in order to prevent the spread of eastern equine encephalitis in Plymouth County…….$150,000”.

Amendment # 5

Mr. D’Emilia of Bridgewater moves to amend House bill 4132, in section 2, by inserting, after item 1599-3384, the following:
“2000-0100     For a reserve to meet the cost of proactive eradication and control of larvicide mosquitoes, in order to prevent the spread of eastern equine encephalitis in Bristol and Plymouth Counties…….$300,000”.

Amendment #6

Mr. D’Emilia of Bridgewater moves to amend House bill 4132, in section 2, by inserting, after item 1599-3384, the following:
“2000-0100     For a reserve to meet the cost of proactive eradication and control of larvicide mosquitoes, in order to prevent the spread of eastern equine encephalitis in Bristol County…….$150,000”.

Amendment # 7

Ms. Coakley-Rivera of Springfield moves to amend House bill 4132 in section 2, in line item 8100-1001, by inserting the following:

“provided further that no less than $200,000 shall be expended for the Operation Cutone Springfield Pilot Program and in said item by deleting the figures “$1,800,000” and inserting in place thereof the following figures “$2,000,000”.”

Amendment # 8

Ms. Coakley-Rivera of Springfield moves to amend House bill 4132 in section 2, by inserting at the end of said section the following item:

“7007-0953 For Forest Park Zoo for the purposes of promoting private fundraising, achieving self-sufficiency and serving as a catalyst for urban economic development and job opportunities for local residents;……$300,000”

Amendment # 9

Mr. Bradley of Hingham moves to amend H. 4132, in section 2, by inserting the following item:
“Office of the Treasurer and Receiver General”
0610-2000……………………………$250,000

Amendment # 10

Ms. Provost of Somerville moves to amendment to the bill, H.4132, by striking Section 62 in its entirety.

Amendment # 11

Mr. deMacedo of Plymouth, Mr. Jones of North Reading, Mr. Peterson of Grafton, Mr. Hill of Ipswich, Ms. Poirier of North Attleboro, Mr. Frost of Auburn, Mr. Kuros of Uxbridge, Mr. Diehl of Whitman, and Mr. Winslow of Norfolk move to amend House Bill 4132 by inserting at the end thereof the following new sections:
“SECTION AA.  Section 76 of chapter 54 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended, by striking out, in line 2, the words “and, if requested,” and inserting in place thereof the following:— “, valid photo identification issued by the commonwealth of Massachusetts or the government of the United States, as defined in section 76B, and”.
SECTION BB. Chapter 54 of the General Laws, as so appearing, is hereby amended, by striking out section 76B in its entirety and inserting in place thereof the following section:­—
“Section 76B. (a) For the purposes of this chapter, “valid photo identification” shall mean a document that:
(1)   shows the name of the individual to whom the document was issued, and the name conforms to the name of the individual’s voter registration record;
(2)   shows a photograph of the individual to whom the document was issued;
(3)   includes an expiration date, and the document is not expired or expired after the date of the most recent general election; and
(4)   was issued by the commonwealth of Massachusetts or the government of the United States.
(b) (1) A person seeking to vote that does not provide sufficient valid photo identification as defined in subsection (a) of this section may be challenged under section 85 of this chapter.
(2) A person seeking to vote that does not provide valid photo identification as defined under subsection (a) of this section may cast a provisional ballot under section 76C.
(c) Nothing in this section shall be construed to deny the rights of any individual who:
(1) is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. sections 1973ff-1 et seq.;
(2) is provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act, 42 U.S.C. section 1973ee-1(b)(2); or
(3) is otherwise entitled by federal law to vote otherwise than in person.”.
SECTION CC. Section 76C of Chapter 54 of the General Laws, as so appearing, is hereby amended, by adding after subsection (k) the following new subsection:—
“(l) A voter who fails to provide valid photo identification as defined under section 76B and casts a provisional ballot shall be required to provide such identification in person to the city or town clerk, or elections board or commission, of the municipality in which they reside, within 8 business days from the date of the election in which the provisional ballot was cast. A voter who fails to provide such identification in the time specified shall forfeit that vote, and that provisional ballot shall be discarded.”.
SECTION DD: Section 92 of chapter 54 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended, by adding in line 5, after the words “eighty-seven,” the following words:—  “as well as enclosing in the same envelope a copy of a valid photo identification as defined in section 76B of this chapter,”.
SECTION EE. Section 8E of Chapter 90 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended at the end of the first paragraph thereof by adding the following:-  The Registry shall provide such identification cards at no cost to any applicant who is eligible to vote.
SECTION FF.  Section AA, BB, CC, DD, and EE of this act shall take effect on April 1, 2013.”.

Amendment # 12

Mr. Jones of North Reading, Mr. Peterson of Grafton, Mr. Hill of Ipswich, Ms. Poirier of North Attleboro, and Mr. deMacedo of Plymouth move to amend House Bill 4127 by striking section 57 in its entirety.

Amendment # 13

Messrs. Galvin of Canton and Arciero of Westford move to amend the bill (House, No. 4132) by striking out Section 62.

Amendment # 14

Mr. Scibak of South Hadley moves to amend House Bill 4132 by striking the figure “$150,000” in line item 1599-7050 and inserting in place thereof “$40,000”.

Amendment # 15

Mr. Scibak of South Hadley moves to amend House Bill 4132 by striking the line item 1599-7051, and inserting in place thereof:-

“1599-7051 For a reserve to evaluate the retiree health care cost valuation in the Commonwealth; provided, that funds from this items may be used by the Health Care Security Trust for the study of the operation and structure of the group insurance commission or any other aspects of employee healthcare in agreement with section
58 of chapter 176 of the acts of 2011.....................................................................................$150,000”

Amendment # 16

Mr. Scibak of South Hadley moves to amend House Bill 4132 by adding at the end thereof the following new section:
SECTION X. Section 58 of Chapter 176 of the Acts of 2011, as amended by section 44 of Chapter36 of the act of 2012, is hereby further amended by striking the second paragraph and inserting the following paragraph: 
The commission shall consist of 14 members: 1 of whom shall be the secretary of administration and finance, or the secretary’s designee; 1 of whom shall be the treasurer, or the treasurer’s designee; 1 of whom shall be the executive director of the group insurance commission, or the director’s designee; 2 of whom shall be private citizens, appointed by the governor, who shall serve as co-chairs of the commission and 1 of whom shall not be a member of any of the 105 contributory retirement systems; 3 members of the house of representatives, 1 of whom shall be appointed by the minority leader; 3 of whom shall be members of the senate, 1 of whom shall be appointed by the minority leader; 1 of whom shall be selected by the governor from a list of 3 candidates submitted by the president of the Massachusetts AFL-CIO; 1 of whom shall be a member of the Massachusetts Municipal Association; and 1 of whom shall be a member of the Retired State, County and Municipal Employees Association of Massachusetts. The commission shall file a report of its recommendations and proposed legislation, if any, with the clerks of the house and senate, the chairs of the house and senate committee on ways and means and the chairs of the joint committee on public service not later than November 30, 2012.

Amendment # 17

Ms. Wolf of Cambridge moves that the bill be amended by adding at the end thereof the following section:
“SECTION XX.  Subsection (a) of chapter 87 of the acts of 2011 is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The department of public health, in consultation with the executive office of health and human services, shall adopt regulations for the statewide licensure of adult day health programs. The application fee for the issue or renewal of an adult day health program license shall be determined annually by the secretary of administration and finance under section 3B of chapter 7 of the General Laws. The license shall not be transferable or assignable and shall be issued only for the premises named in the application; and
Section 72F of chapter 111 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the words “section 71”, in line 9, the following words:- or an adult day health program licensed by the department of public health.

Said section 72F of said chapter 111, as so appearing, is hereby further amended by inserting after the word "setting", in line 11, the following words:- or adult day health program setting.

Said section 72F of said chapter 111, as so appearing, is hereby further amended by inserting after the words "hospice program", in line 36, the following words:- or an individual who receives services at an adult day health program."

Amendment # 18

Ms. Story of Amherst moves that the bill be amended in SECTION 18, in line 310, by striking the last sentence and inserting the following:-
“A nurse practicing in any advanced practice nursing role who chooses to participate in

 such medical assistance program as an independent provider of services shall be

deemed to have fulfilled this requirement.”

Amendment # 19

Mr. Collins of Boston moves that the bill (House, No. 4132) be amended by adding at the end thereof the
following new Section:-

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.

Amendment # 20

Mr. Straus of Mattapoisett moves to amend section 58 of House bill no. 4132 as follows:
            The following paragraph shall be inserted after paragraph (j):
“(k)  Notwithstanding any provisions in this section to the contrary, neither the original guaranteed maximum price nor any adjusted or interim guaranteed maximum price pursuant to the Construction Manager/General Contractor pilot program authorized herein shall exceed $350,000,000. The general manager of the Massachusetts Bay Transportation Authority, his designees, and any person, agency or other entity authorized to disburse funds in payment of any costs or expenses associated with the green line extension project shall not disburse any funds in payment of such costs or expenses under this pilot program to the extent such payments exceed $350,000,000 in the aggregate.”
The first sentence of paragraph (h) shall be deleted and the following sentence inserted in place thereof:
“Within 1 year of the enactment of this section, and every year thereafter during the term of the project, and within 6 months of completion of construction of the project, the general manager of the Massachusetts Bay Transportation Authority shall file a report with the office of the inspector general, house and senate committees on ways and means, the joint committee on transportation and the clerks of the house of representatives and senate.”

Amendment # 21

Mr. Dempsey of Haverhill moves to amend House bill 4132 in section 2 by inserting after item 1599-3384 the following item:

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Department of Public Health
4512-0225  ......................................................................................................................... $270,000
 

Amendment # 22

Mr. Bastien of Gardner moves to amend the bill (House, No. 4132) by inserting the following new section:-

SECTION AA:  Chapter 148 of the General Laws, as appearing in the Acts of 2010, is hereby amended in section 39 by striking out, in line 10 the following word:- "sparklers,”
And further by striking out, in line 64, the following word:- ”birds.” and adding the following: “birds, or (10) sparklers.”
SECTION BB: Chapter 148 of the General Laws, as appearing in the Acts of 2010, is hereby amended in section 1 by adding at the end thereof the following:-
“Sparklers”, a metal wire or wood dowel that has been coated with a pyrotechnic composition of not more than one hundred grams of pyrotechnic mixture per item, which are non-explosive and non-aerial provided (1) such sparklers do not contain magnesium except for magnalium or magnesium-aluminum alloy, and (2) such sparklers containing any chlorate or perchlorate salts do not exceed five grams of composition per item.
SECTION CC: Section AA and BB of this act shall take effect on July 1, 2012.

Amendment # 23

Representatives Spiliotis of Peabody and Keenan of Salem move to amend the House Bill 4132 in section 2, in line item 4000-0300 by inserting the following:” that not less than $100,000 shall be expended for the Roger B. Trask Center Adult Day program in Peabody”.

Amendment # 24

Mr. Dempsey of Haverhill moves to amend the bill in section 59 by inserting, after the words “pay for services”, the following words:- enumerated in the aforementioned line items
And further amend the bill by striking section 34 in its entirety and replacing it with the following section:
SECTION 34.  Section 1 of said chapter 176Q, as so appearing, is hereby further amended by inserting after the definition of “Rating factor” the following 2 definitions:-
“Stand alone dental plan”, a non-profit dental service plan offered by a licensed dental service corporation, as those terms are defined in section 1 of chapter 176E, offered independently of a health benefit plan offered through the connector, or offered by (1) an insurer licensed or otherwise authorized to transact accident and health insurance under chapter 175; (2) a nonprofit hospital service corporation organized under chapter 176A; or (3) a nonprofit medical service corporation organized under chapter 176B.
“Stand alone vision plan”, a non-profit optometric service plan offered by a licensed optometric service corporation, as those terms are defined in section 1 of chapter 176F, offered independently of a health benefit plan offered through the connector, or offered by (1) an insurer licensed or otherwise authorized to transact accident and health insurance under chapter 175; (2) a nonprofit hospital service corporation organized under chapter 176A; or (3) a nonprofit medical service corporation organized under chapter 176B.
And further amend the bill in lines 451, 454, 458, 475, 482, 485, 488 and 508, by inserting after the word “vision”, in each instance, the following words:- or stand alone dental.

Amendment # 25

Ms. Spiliotis of Peabody and Mr. Keenan of Salem move to amend House Bill 4132 in section 59,by inserting after the words, ”fiscal years 2012”; the following words, “provided that $100,000  be expended to support the Roger B. Trask Center Adult Day program in Peabody”.

Amendment # 26

Representative Orrall of Lakeville moves to amend House bill 4132 by striking sections 14 to 18, inclusive.

Amendment # 27

Mr. Dempsey of Haverhill moves to amend the bill, H.4132, by striking Section 62 in its entirety.

Amendment # 28

Ms. Poirier of North Attleboro moves to amend House bill 4132, in section 2A, by inserting, after item 1599-7051, the following:
“4580-1000     For the dissemination of flu vaccinations, prior appropriation continued……………………………………………….$200,000”.

Amendment # 29

Mr. Ayers of Quincy and Mr. Timilty of Milton move to amend the bill by adding the following outside section : Section       in Section 2 of Chapter 68 of the acts of 2011 in item 7008- 0900 by adding at the end of the following: $50,000.00 for the Jonathan Belcher House in Randolph.