Bill H.4334 187th (2011 - 2012)

[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. 4334)]

Clerk #1

Sheriff’s Commission Extension

Mr. Michael O. Moore moves to amend the bill (House, No. 4334) by inserting the following new section:-

“SECTION ___.  The last paragraph of section 22 of chapter 61 of the acts of 2009 is hereby amended by striking out the words “April 30, 2012”, inserted by section 22 of chapter 36 of the acts of 2012, and inserting in place thereof the following words:- “October 31, 2012.”

Clerk #2

Arlington Storm Relief

Mr. Donnelly moves to amend the bill (H. 4334) in section 2A, by inserting after item 1599-1711 the following item:-

 “1599-xxxx  For a reserve for costs incurred in response to the July 18, 2012 microburst storm in the town of Arlington; provided that expenditures from this item shall be offset by federal reimbursements to the extent available...……………………$340,000”

Clerk #3

Emergency Assistance Program Funding

Mr. Donnelly, Ms. Creem, Messrs. Brownsberger and Eldridge and Ms. Jehlen move to amend the bill (H.4334) by inserting after item 7004-0099 the following:-

“7004-0101 ………………………………………………………………………..$15,000,000”

Clerk #4

Emergency Assistance Program Regulations

Mr. Donnelly, Ms. Creem, Messrs. Brownsberger and Eldridge and Ms. Jehlen moves to amend the bill (H.4334) by inserting the following new section:-

SECTION XX.  Item 7004-0101 in section 2 of chapter 139 of the acts of 2012 is hereby amended by inserting at the end thereof the following words:- “; provided further that, notwithstanding any general or special law to the contrary, the  department shall not implement the proposed revised regulations and policies submitted to the Legislature for review on July 17, 2012 or any other policies or regulations restricting access to emergency shelter without express authorization from the Legislature that is enacted on or after July 30, 2012.”

Clerk #5

 Uniform Law Commission

Ms. Creem moves that the bill (House Bill 4334) be amended by inserting at the end thereof the following:-

“Section XX. Provided that not less than $211,000 shall be appropriated for payments to the Uniform Law Commission, pursuant to section 28 of chapter 6 of the general laws and provided further that prior fiscal year payments may be payable from said appropriation.”

Clerk #6

Underground Utility Project

Ms. Fargo moves to amend the bill (House, No. 4334) by inserting, after __, the following new section:-

 “Notwithstanding any general or special law or regulation to the contrary, not less than $300,000, for removal of above ground utility poles, wires, and associated structures in the town of Chelmsford pursuant to Chapter 415 of the Acts of 2010, Chapter 119, §119-3, of the Chelmsford Code; and G.L.c. 166, §22A-§22D, and §22M”

Clerk #7

Recognizing Higher Education Achievements

Mr. Rodrigues moved that the bill (House, No. 4334) be amended by inserting the following section:-

SECTION__. Chapter 69, Section 31A of the General Laws, as most recently amended by the acts of 2009, is hereby amended by striking out Section 31A and inserting in place thereof the following section:-            

"Section 31A. No educational institution chartered, located, offering courses, or otherwise doing business within the commonwealth, shall award degrees within the commonwealth unless authorized to do so by the commonwealth.  Nothing in this section shall prohibit the ceremonial delivery at a graduation, commencement or similar event in the commonwealth of diplomas acknowledging degrees awarded outside the commonwealth by an educational institution formally recognized by a regional accrediting agency, recognized as such by the United States Secretary of Education; nor shall any educational institution chartered, incorporated or organized in another state conduct within the commonwealth any courses available to residents of the commonwealth leading to the award of a degree, unless such educational institution has received the approval of the commonwealth for such courses. Nothing in this section shall prohibit an educational institution that is formally recognized by a regional accrediting agency, recognized as such by the United States Secretary of Education, from providing to residents of the commonwealth administrative and financial counseling or other support services which are not course-specific.           

The board of higher education shall be responsible for the implementation of the provisions of this section."

Clerk #8

Fuel Assistance Forward Funding

Ms. Clark moves to amend the bill (House, No. 4334) by inserting the following section:-

"SECTION XX.  Notwithstanding any general or special law to the contrary, the department of housing and community development may provide not more than $10,000,000 to eligible entities that administer the federal Low Income Home Energy Assistance Program described in item 7004-2033 of section 2D to allow  such eligible entities to begin start-up operations of said program for the purposes of providing advanced funding no later than 30 days after August 15;

provided, that the department and such eligible entities may expend a portion of these funds for approved administrative costs consistent with the current or prior year’s state plan submitted by the department in accordance with the federal program;

provided further, that the department and such eligible entities may, after November 1, 2012, expend a portion of these funds to assist low-income elders, working families and other households with the purchase of heating oil, propane and natural gas and electricity and other primary or secondary heating sources;

provided further, that funds expended for this purpose shall be transferred from the General Fund; and provided further, that such advanced funding shall be subject to federal reimbursement of funds described in said item 7004-2033 of said section 2D".

Clerk #9

Local Projects

Mr. Rush moves to amend the bill (House No. 4334) by inserting the following new Section:-

SECTION [xx].   Item 2840-7014 of section 2A of chapter 312 of the acts of 2008 is hereby amended by striking out the words “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 words:- 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 in the city of Boston; provided further that these funds shall 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, and the same amount shall be expended for the same purpose in the Town of Norwood;

Clerk #10

Agricultural Inspection and Infrastructure Trust Fund

Mr. Rush moves to amend the bill (House No. 4334) by inserting the following new Section:-

SECTION [xx]. Chapter 20 of the General Laws is hereby amended by adding the following section:—

Section 32. There shall be established and set upon the books of the commonwealth a separate fund to be known as the Agricultural Inspection and Infrastructure Trust Fund, consisting of revenues received pursuant to section 3B of chapter 7, chapters 128, 129, 132B, poultry testing fees for services established by 330 CMR 5.00 et seq., interest or investment earnings on such monies and all other monies credited or transferred thereto from any other fund or service. Monies in the Agricultural Inspection and Infrastructure Trust Fund may be expended without further appropriations on programs and costs related to the following: (1) sections 32 to 38 and sections 64 to 65 inclusive of chapter 128; (2) the integrated pest management program established by chapter 132B and by chapter 85 of the acts of 2000; (3) spay and neuter programs and animal rescue and shelter programs established under section 2 of chapter 129; (4) poultry testing programs established by 330 CMR 5.00 seq; and (5) the Agricultural Innovation Center. Any unexpended balance in the fund at the end of the fiscal year, not to exceed $200,000, shall not revert to the General Fund but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year. 

Clerk #11

Mass Development/Military Task Force

Mr. Rush moves to amend the bill (House No. 4334) by inserting in Section 2, after item 4800-0041, the following new item:-

7002-0035           For a reserve to support the commonwealth's defense sector initiatives …………………$350,000

Clerk #12

Health Centers Grant Eligibility

Mr. Hart moves to amend the bill, (House, No 4334) by inserting the following:-

Section XX:  Notwithstanding any general or special law to the contrary, the executive office of health and human services shall not deem ineligible any community health center operating under the license of a hospital for any funds or grants to serve MassHealth recipients, as long as the community health center is otherwise qualified, where the hospital is not eligible to receive such funds or grants.

Clerk #13

Snow Storm Funds and UMass

Messrs. Rosenberg and M. Moore and Ms. Donoghue move to amend the bill (House, No. 4334) by inserting, in section 2A, the following:-

“1599-1712.  For services and costs associated with the emergency responses of the campuses of the University of Massachusetts as a result of a January 2011 snow storm federally declared disaster reimbursement number 1959…….$227,617.54.”

Clerk #14

Line-of-Duty Death Benefit

Mr. Timilty moves to amend the bill (H. 4334) by adding at the end thereof the following new Section:-

“SECTION X.  Section 100A of chapter 32 of the general laws, as appearing in the 2010 official edition, is hereby amended by inserting in subsection (c) after the words “chapter 15A,” in line 18  the following:- ‘any deputy sheriff,’”.

Clerk #15

Marrett Road Sound Barrier Commission

Ms. Fargo moves to amend the bill (House, No. 4334) by inserting, after __, the following new section:-

“Notwithstanding any general or special law or regulation to the contrary, the Massachusetts Department of Transportation shall commission a sound barrier study at the interchange of Marrett Road/Interstate 95 and Route 2A in the town of Lexington”
 

Clerk #16

Emergency Medical Services

Mr. Timilty moves that the bill (H. 4334) be amended by adding at the end thereof the following new Section:-
“SECTION X.  Section 3 of chapter 111C of the general laws, as appearing in the 2010 official edition, is hereby amended in subsection (b) by inserting after the first sentence the following:-‘The department shall consult and collaborate with the executive office of public safety and security with regard to vehicle and equipment inspection, and with regard to any matter over which said executive office may have jurisdiction.’”.

Clerk #17

STATE PARK FACILITIES

Mr. Tarr to amend the bill (House, No. 4334) by inserting, after section__, the following new section:-

"SECTION__. Notwithstanding any law, rule or regulation to the contrary, the Department of Conservation and Recreation shall develop an inventory of all beaches, pools, spray pools and other similar facilities which have been decommissioned or remained inoperative in the course of the past three years, provided further that the department shall develop a plan for the reactivation of such facilities, including a priority schedule and the financial and other requirements of doing so. Said inventory and plan shall be filed with the clerks of the house and senate not later than six months following the passage of this act

Clerk #18

ECRECC Member Cherry Sheet Assessment

Mr. Tarr moves to amend the bill (House, No. 4334) by inserting at the end thereof the following new Section:-

“SECTION__.  Notwithstanding any general or special law to the contrary, each member community of the Essex County Regional Emergency Communications Center that has accepted and executed the Intergovernmental Agreement shall be assessed on a per capita basis as provided for in the Intergovernmental Agreement. The assessment shall be made through a cherry sheet assessment. The amount of the assessment shall be levied on each member city or town and the funds transferred by the treasurer into a new account or accounts established by the comptroller and under the control of the Sheriff Department of Essex consistent with the intent of the Intergovernmental Agreement. The comptroller shall establish an operational account and a trust account for capital expenses.  The state comptroller shall exempt the Essex County Sheriff’s Department from all applicable charges or assessments made a against grants disbursed from the Enhanced 911 Fund to the Essex County Regional Emergency Communications Center pursuant to its authority under sections 5D and 6B of chapter 29 of the General Laws.

Notwithstanding any special of general law to the contrary the Essex County Regional Emergency Communications Center may obtain private liability insurance.”

Clerk #19

 ECRECC Retained Revenue Account

Mr. Tarr moves to amend the bill (House, No. 4334), in Section 2A, by inserting the following new line item:-

“8910-0620 For the Essex sheriff’s department, which may expend for the operation of the Essex County Regional Emergency Communications department an amount not to exceed $5,500,000 from revenues received from cherry sheet assessments and grant funding from the State 911 Department; provided, that said sheriff may expend from this item costs associated with the operation of the Essex County Regional Emergency Communications Center from the per capita cherry sheet assessment on member communities and support and incentive grant funds received; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system………….. $5,500,000”

Clerk #20

Banning K-2 in the Commonwealth

Mr. Keenan moves that the bill (House, No. 4334) be amended by adding the following section:-

Section XX. Section 1 of chapter 94C of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting, after the definition of “Isomer”, the following definition: -

“’K-2’ or ‘spice’, any form of cannabis, including synthetic compounds or structures that are molecularly similar to cannabis, shall be included in this definition.”;

And further by amending Subparagraph (b) of paragraph (e) of section 31 of said chapter 94C by adding, after the words and number “(4) 1-Nitrosoxy-Mthel-Propane.”, the following words and number:-

(5) K-2 or Spice.;

And further by amending Sections 32L, 32M, and 34 of said chapter 94C by inserting after the word “marijuana”, in each instance, the following words:-
or K-2 or Spice

Clerk #21

Emergency Scheduling

Mr. Keenan moves that the bill (House, No. 4334) be amended by adding the following section:-

Section XX. Section 2 of chapter 94c of the General Laws is hereby amended by inserting the following subsection:-

(e)  (1) If the Commissioner finds that the scheduling of a drug or substance on a temporary basis is necessary to avoid an imminent hazard to the public safety and is necessary for the preservation of the public health, safety or general welfare, the Commissioner may, by order and without regard to the requirements of this section, schedule such substance in schedule I if the substance is not listed in any other schedule in section 3 of this chapter or if no exception is in effect for the substance under section 4 of this chapter.

(2)  When issuing an order under paragraph (1), the Commissioner shall be required to consider, with respect to the finding of an imminent hazard to the public safety, those factors set forth in subsection (b) of this section and, relative to each drug or substance, its actual abuse, diversion from legitimate channels, and clandestine importation, manufacture, or distribution.

(3)  An order issued under paragraph (1) shall be considered an emergency regulation and subject to the provisions of section 3 of chapter thirty A and shall remain in effect in accordance with the provisions of said section.

(4) An order issued under paragraph (1) is not subject to judicial review.

(5) Upon issuing an order under paragraph (1), the Commissioner shall forward a copy of said order to the Chairs of the Joint Committee on Public Health.

(6)  Upon issuing an order under paragraph (1), the Commissioner shall forward a copy of said order to the United States Attorney General for purposes of requesting that the Attorney General temporarily schedule, in accordance with the provisions of the Title 21 United States Code Controlled Substances Act, and or 21 USC 811(h),  the drug or substance which is the subject of the Commissioner’s order .

Clerk #22

Supporting Family Child Care Providers

Mr. Tarr moves to amend the bill (House, No. 4334)  by inserting in Section 2A the following line item:-

1599-xxxx For a reserve to further improve the quality, infrastructure and capacity of the early education and care system in the commonwealth; provided further that these funds shall be used to ensure stability in programs funded in items 3000-3050, 3000-4050 and 3000-4060; provided further, that the increase shall be directed to expenditures for salaries for staff, employee and employer benefit costs; provided further that, payments from this reserve shall be distributed by the department of early education and care to increase reimbursement rates for subsidized early education and school age care; provided further that funds appropriated herein shall be used to increase such rates by an equal percentage for all said providers…………………$25,000,000.;

and further by striking section 30 in its entirety and inserting in place thereof:-

“SECTION 30. Chapter 139 of the acts of 2012 is hereby amended by striking out section 154 and  inserting in place thereof the following section:- 

Section 154. (a) Notwithstanding any general or special law to the contrary, the comptroller shall dispose of the consolidated net surplus in the budgetary funds for fiscal year 2012 in the following order of precedence : (i) transfer $25,000,000 from the General Fund to 1599-xxxx as provided for in Section 2A of this act  (ii) transfer $15,000,000 from the General Fund to the Massachusetts Life Sciences Investment Fund established by section 6 of chapter 23I of the General Laws; (iii) transfer $20,000,000 from the General Fund to the Health Care Workforce Transformation Trust Fund established in section 2FFFF of chapter 29 of the General Laws; (iv) distribute not more than $2,703,119 to the New Bedford public school district to account for the district’s actual low-income enrollment, as defined by section 2 of chapter 70 of the General Laws, which amount shall be included in the district’s fiscal year 2013 chapter 70 aid and shall be considered base aid for the purpose of calculating fiscal year 2014 chapter 70 aid; provided, that said amount shall be certified by the department of elementary and secondary education prior to final transfer and (v) make available $15,000,000 to be used as revenue in fiscal year 2013; (vi) transfer any remaining amount of the consolidated net surplus to the Stabilization Fund.

(b) all transfers specified in this section shall be made from the undesignated fund balances in the budgetary funds proportionally from those undesignated fund balances, but no such transfer shall cause a deficit in any of those funds; provided, however, that prior to certifying the consolidated net surplus, the comptroller shall, to the extent possible, eliminate deficits in any fund contributing to the surplus by transferring positive fund balances from any other fund contributing to the surplus.

Clerk #23

Tax Reduction Fund

Mr. Tarr moves to amend the bill (House, No. 4334) by striking clause (iv) in section 30 and inserting in place thereof:-

 “(iv) make available $20,000,000 to be used as revenue in fiscal year 2013 and deposit $20,000,000 into the Tax Reduction Fund in section 2I of chapter 29 of the general laws;”.

Clerk #24

DHCD HOMEBASE REVIEW

Mr. Tarr moves to amend the bill (House, No. 4334) by adding the following section:-

“Section ____.  The Department of Housing and Community Development shall conduct an examination of the “HomeBASE” program, so-called, to determine its efficacy in reducing dependence on shelter housing and homelessness, its achievements of cost-saving and efficiencies, its sustainability within current budgetary parameters, and any additional resources required in order for the program to meet its goals and remain viable for the next five fiscal years.  The results of said examination, together with any legislative recommendations, shall be filed with the clerks of the house and the senate not later than 90 days following the passage of this act.”.

Clerk #25

Registration Safety

Messrs. Tarr, Hedlund, Knapik and Ross move to amend the bill (House, No. 4334) by adding the following 2 sections:-

SECTION _.  Section 2 of chapter 90 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the first and second paragraphs and inserting in place thereof the following 2 paragraphs:-

Applications for the registration of motor vehicles and trailers may be made by the owner thereof. If the owner is a corporation, sole proprietorship or business entity, the application shall contain, in addition to such other particulars as may be required by the registrar, the name of the corporation, sole proprietorship or business entity and the full address, including the street, city or town, state and zip code. If the owner is a sole proprietorship, the application shall contain a social security number and an employer identification number or federal tax identification number from the Internal Revenue Service, if any such number has been issued. If the applicant is a natural person, the application shall contain, in addition to such other particulars as may be required by the registrar, the name of the applicant, full residential address, date of birth and license number or identification card number issued by the registrar, if such license or card has been issued. The application of a natural person shall also contain the apartment or unit number if the applicant’s address is in an apartment house, family hotel, condominium or a residential flat or is in a combined business and residential property. Except as otherwise provided in this chapter, no registration shall be issued to a natural person for a motor vehicle or trailer unless such person holds a license, identification card issued under section 8E, social security number issued by Social Security Administration or other proof of legal residence; provided, however, that the registrar shall provide by regulation for exemptions for out-of-state students, military personnel, senior citizens and disabled persons; provided, further, that the registrar may provide by regulation additional exemptions which shall be consistent with this section. The application shall also contain a brief description of the motor vehicle or trailer to be registered, including the name of the maker, any number or numbers as may be required by the registrar to properly identify the vehicle, the character of the motor power and the type of transmission and a statement signed by the applicant under the penalties of perjury that no excise liabilities on the motor vehicle are outstanding and incurred by the applicant, a member of the applicant’s immediate family who is a member of the applicant’s household or any business partner of the applicant. The registration fee, as required under section 33, shall accompany the application. Applicants for registration shall also comply with chapter 90D.
The registrar or the registrar’s duly authorized agents shall keep a record of motor vehicles and trailers that satisfy application requirements, and shall assign to each motor vehicle and trailer a distinguishing mark or number to be known as the register number for that vehicle or trailer, and shall thereupon issue to the applicant a certificate of registration. If the owner is a corporation, sole proprietorship or business entity, the certificate shall contain the name and address of the corporation, sole proprietorship or business entity and the register number or mark and shall be in such form and contain such further information as the registrar may determine. If the owner is a natural person, the certificate shall contain the name, place of residence and address of the applicant and the register number or mark and shall be in such form and contain such further information as the registrar may determine.

SECTION _.  The registrar of motor vehicles shall promulgate regulations pursuant to the sixth sentence of the first paragraph of section 2 of chapter 90 of the General Laws no later than January 1, 2013.

Clerk #26

Corrective Amendment

Mr. Brewer moves to amend the bill (H. 4334), in section 2A, by inserting after item 1599-4420 the following item:-

“1599-6263.. For a reserve for the purposes of eradication and control of mosquitoes to prevent the spread of eastern equine encephalitis; provided, that the secretary of administration and finance shall report on the expenditures from this account including, but not limited to, the amount spent from this account during the fiscal year, the communities where spraying occurred and the amount spent per community…………………………………..$2,000,000”; and

in section 2C.I, by inserting after item 1599-4420 the following item:-

“1599-6263……………………………………………………………………..$2,000,000”; and

by striking out section 3 and inserting in place thereof the following 5 sections:-

“SECTION 3. Section 97 of chapter 6 of the General Laws, as appearing in section 17 of chapter 165 of the acts of 2012, is hereby amended by striking out the definition of “State entity” and inserting in place thereof the following definition:-

“State entity”, a state authority or another state entity with responsibility for managing and overseeing public funds.

SECTION 3A.  Chapter 6A of the General Laws is hereby amended by inserting after section 16G the following section:-

Section 16H.  (a) There is hereby established the Housing and Economic Development Trust, in this section called the trust, to be administered by the secretary of housing and economic development.  Monies in the trust shall be deposited with the state treasurer in a manner that will secure the highest interest rate available consistent with safety of the trust and with the requirement that all amounts on deposit be available for immediate use.

(b) The secretary shall appoint the fund’s trustee, who shall serve until a successor is appointed.

(c) There shall be credited to the trust the following:

(1) Grants, bequests, gifts or contributions of cash or securities, or contributions of services or property in kind from any persons, or other governmental, non-governmental, quasi-governmental or local governmental entities made for the purpose of supporting the executive office of housing and economic development, in this section called the executive office, set forth in subsection (d).
(2) All interest earned on monies in the trust.

(d) Expenditures from the trust shall not be subject to appropriation, and balances remaining at the end of a fiscal year shall not revert to the General Fund.  Expenditures from the trust shall be made only for the following purposes:

(1) Operating costs of the executive office including the divisions and programs within the executive office;
(2) Operating costs of the Massachusetts Marketing Partnership, and the offices  within the Partnership, including the Massachusetts International Trade Office, the Commonwealth Marketing Office, the Massachusetts Office of Travel and Tourism, the Commonwealth Film Office and the Office of Sports and Entertainment; and the Massachusetts Office of Business Development, including the divisions and programs within that office;
(3) Costs associated with housing and economic development programs, grants and initiatives of the secretary.

(e) Funds deposited and expended from the trust shall not be assessed any indirect costs.

(f) For the purpose of accommodating timing discrepancies between the trust's receipt of revenues and related expenditures, the trust may incur expenses and the comptroller may certify payments from the trust in anticipation of trust receipts based on estimated receipts as certified by the trustee. The trustee shall insure that no expenditures from the trust shall cause the trust to be in deficiency at the close of a fiscal year.

SECTION 3B. Chapter 20 of the General Laws is hereby amended by adding the following section:-

Section 32. There shall be established and set upon the books of the commonwealth a separate fund to be known as the Agricultural Inspection and Infrastructure Trust Fund, consisting of revenues received pursuant to section 3B of chapter 7, chapters 128, 129, 132B, poultry testing fees for services established by 330 CMR 5.00 et seq., interest or investment earnings on such monies and all other monies credited or transferred thereto from any other fund or service.

Monies in the Agricultural Inspection and Infrastructure Trust Fund may be expended without further appropriations on programs and costs related to the following: (1) sections 32 to 38 and sections 64 to 65 inclusive of chapter 128; (2) the integrated pest management program established by chapter 132B and by chapter 85 of the acts of 2000; (3) spay and neuter programs and animal rescue and shelter programs established under section 2 of chapter 129; (4) poultry testing programs established by 330 CMR 5.00 seq; and (5) the Agricultural Innovation Center.

Any unexpended balance in the fund at the end of the fiscal year, not to exceed $200,000, shall not revert to the General Fund but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year.

SECTION 3C. Section 2O of chapter 29 of the General Laws, as appearing in section 112 of chapter 165 of the acts of 2012, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The provisions of this section relating to bonds shall also be applicable to the issuance of notes insofar as such provisions may be appropriate for such notes.

SECTION 3D. The first paragraph of section 5G of chapter 29 of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following 2 sentences:-  If the department of revenue certifies that the amount of tax revenues estimated to have been collected from capital gains income exceeds $1,000,000,000 in a fiscal year, the comptroller shall transfer quarterly any such amount that exceeds $1,000,000,000 collected during that fiscal year to the Commonwealth Stabilization Fund established by section 2H. The $1,000,000,000 threshold established in the preceding sentence shall be adjusted annually to reflect the average annual rate of growth in United States gross domestic product over the preceding 5 years based on the most recently available data published by the Bureau of Economic Analysis.”; and

by inserting after section 5 the following section:-

“SECTION 5A.  The second paragraph of section 60A of said chapter 29, as appearing in section 112 of chapter 165 of the acts of 2012, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:-  For each subsequent fiscal year, the limit shall be the product of the limit established for the previous fiscal year and 1.05.”; and

by inserting after section 7 the following 2 sections:-

“SECTION 7A. Section 81 of chapter 146 of the General Laws is hereby amended by striking out the definition of “Pipefitting”, and inserting in place thereof the following definition:-

“Pipefitting”, the installation, repair, replacement, maintenance or alteration of any apparatus for piping appliances, devices or accessories for heating systems having a rating greater than 700,000 British Thermal Units including apparatus and piping for the general use of conveyance of steam and associated pumping equipment, vacuum and pneumatic systems, oil and petroleum products, ice making machinery, air conditioning equipment, piping systems used for the conveyance and storage of Category M liquids, as defined in ASME B31.3 Process Piping manual and high pressure systems over 150 pound-force per square inch gauge or hazardous industrial type gases used in processes, biopharama or semi-conductor manufacturing, but excluding sheet metal work, refrigeration systems, boilers and plumbing as defined under the rules and regulations of the board of state examiners of plumbers promulgated under sections 4 and 13 of chapter 142.

SECTION 7B. Section 89 of said chapter 146, as so appearing, is hereby amended by adding the following 2 paragraphs:-

Whoever prevents, or attempts to prevent, any inspector from entering on any premises in the discharge of his duty with respect to section 81 shall be punished by a fine of not less than $250 and not more than $3,000, or by imprisonment for not more than 3 months, or both such fine and imprisonment.
Any person who permits an unlicensed person to engage in pipefitting, as defined in section 81, shall be punished by a fine of not less than $1,000 and not more than $3,000, or by imprisonment for not more than 3 months, or both such fine and imprisonment.”; and

by inserting after section 14 the following section:-

“Section 14A. Chapter 142 of the acts of 2011 is hereby amended by striking out section 94 and inserting in place thereof the following section:-

SECTION 94. There shall be established and set up on the books of the commonwealth a Substance Abuse Services Fund. The commissioner of public health shall serve as the fund’s trustee. Funds in the fund shall be used to expand inpatient treatment facilities and ongoing case management for individuals civilly committed under section 35 of chapter 123 of the General Laws.  Prior the end of fiscal year 2012, the comptroller shall transfer $10,000,000 from the General Fund to the Substance Abuse Services Fund. Upon the submission of a spending plan for this fund to the secretary of administration and finance, the house and senate committees on ways and means the clerks of the house and the senate, the commissioner of public health may make expenditures from the fund for the purpose of expanding inpatient treatment facilities and ongoing case management.  In developing the spending plan, the commissioner shall hold at least 1 public hearing and shall consult with the commissioner of mental health, the chief justice for administration and management or the administrator of the trial court, as the case may be, a representative of the Massachusetts Medical Society, a representative of the Massachusetts Organization for Addiction Recovery and a representative of the Association for Behavioral Healthcare. The commissioner shall submit a draft spending plan to the house and senate committee on ways and means 45 days prior to the submission of the final plan. This fund shall be in effect until June 30, 2013.”; and

by striking out section 29; and

by inserting after section 35 the following 2 sections:-

“SECTION 35A. A person who was not required to be licensed pursuant to section 81 of chapter 146 of the General Laws and who shall submit satisfactory proof to the bureau of pipefitters, refrigeration technicians and sprinkler fitters that such person has been actively engaged in the pipefitting industry for a period of 4 years prior to the effective date of this act and who has applied for a license within 1 year of the effective date of this act, shall not be required to pass a written, oral or practical examination and shall be issued a master pipefitter's license upon payment of the applicable fee.

A person who was not required to be licensed pursuant to said section 81 of said chapter 146 and who shall submit satisfactory proof to the bureau of pipefitters, refrigeration technicians and sprinkler fitters that such person has been actively engaged in the pipefitting industry for a period of 3 years prior to the effective date of this act, shall not be required to pass a written, oral or practical examination and shall be issued a journeyman's pipefitter license upon payment of the applicable fee; provided, however, that for the purposes of this section, completion of an apprentice training program by such persons shall not be required.

Any proof required to be submitted under this section shall be accompanied by a statement that such information has been submitted under the pains and penalties of perjury.

SECTION 35B. The department of public safety shall file a report with the secretary of administration and finance and the house and senate committees on ways and means containing funding recommendations necessary to enforce pipefitting licensing and inspection of work undertaken by licensed pipefitters under sections 81 to 89, inclusive, of chapter 146 of the General Laws. The department shall file the report not later than February 1, 2013.”; and
by adding the following section:-

“SECTION 40. Sections 3D and 5A shall take effect on January 1, 2013.”