Budget Amendment ID: FY2014-S3-49-R1

Redraft LOC 49

UGGA

Ms. Donoghue and Messrs. Rodrigues, Michael O. Moore and Welch and Ms. O'Connor Ives and Ms. Lovely and Mr. Ross and Ms. Candaras and Messrs. Knapik, Eldridge, DiDomenico, Timilty, Kennedy, Joyce and Finegold and Ms. Clark and Ms. Creem and Messrs. Petruccelli, Hedlund and Tarr moved that the proposed new text be amended in section 112, by striking out the words “and (iii)” and inserting in place thereof the following words:- “(iii) transfer $21,250,000 from the General Fund to supplement unrestricted general government aid distributed to cities and towns in fiscal year 2014 under section 3; and (iv)”.


Budget Amendment ID: FY2014-S3-50

LOC 50

MILL POND DAM

Mr. Tarr moved that the proposed new text be amended in section 2, by inserting, after item xxxx-xxxx, the following item:

 

"xxxx-xxxx For services and costs associated with the repair of Mill Pond dam in the town of Rockport…..$300,000"


Budget Amendment ID: FY2014-S3-51

LOC 51

Wenham War Memorial

Mr. Tarr moved that the proposed new text be amended in section 2, in item 1410-0010, by adding at the end thereof the following:-

"; provided further, that not less than $10,000 shall be expended for the construction of a war memorial on state route 1A in the town of Wenham"


Budget Amendment ID: FY2014-S3-52

LOC 52

North Reading Community Impact Team

Mr. Tarr moved that the proposed new text be amended in section 2, in item 7008-0900, by adding at the end thereof the following:-

 

"; provided, that not less than $25,000 shall be expended for a child safety grant to the town of North Reading"


Budget Amendment ID: FY2014-S3-54

LOC 54

For the Operation of the Massachusetts Historical Commission

Mr. Joyce moved that the proposed new text be amended in section 2, in item 0526-0100, by adding at the end thereof the following:- “; provided, that no less than $50,000 be expended for the rehabilitation of the State Theatre in the town of Stoughton”; and in said item by striking out the figures “$792,000” and inserting in place thereof the figures “$842,000”.


Budget Amendment ID: FY2014-S3-55

LOC 55

PILOT

Messrs. Rodrigues and Joyce moved that the proposed new text be amended in section 2, in item 1233-2400, by striking out the figure “$26,270,000” and inserting in place thereof the following figure:- “$27,270,000”.


Budget Amendment ID: FY2014-S3-56

LOC 56

Arlington Microburst Storm Recovery

Mr. Donnelly moved that the proposed new text be amended in section 2, in item XXXX-XXXX, by inserting after line item 1599-0026 the following line item:-

 

“xxxx-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.....................$307,540.26”


Budget Amendment ID: FY2014-S3-57-R1

Redraft LOC 57

Vietnam Veterans Moving Wall project in Medway

Ms. Spilka moved that the proposed new text be amended in section 2, in item 1410-1616, by inserting after the word “yard”, the following words:- “; provided further, that not less than $15,000 shall be expended for the Vietnam Veterans Moving Wall project in the town of Medway”; and further by striking out the figure “$160,000” and inserting in place thereof the figure:- “$175,000”


Budget Amendment ID: FY2014-S3-58-R1

Redraft LOC 58

Residency Requirement

Messrs. Donnelly, Keenan, Wolf, Kennedy and Finegold and Ms. Jehlen and Messrs. Ross, Pacheco and Michael O. Moore moved that the proposed new text be amended in section 37, by striking out section 37 and inserting in place thereof the following section:-

 

“SECTION 37. Section 58 of chapter 31 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word “town”, in line 33, the following words:- ; provided, however, a city or town may increase said ten mile residency limit under a collective bargaining agreement negotiated under chapter 150E of the General Laws”.;

 

and by inserting the following new section:-

 

“SECTION XX. Paragraph (d) of section 7 of chapter 150E of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after clause (p) the following clause:-

 

(p 1/2) the third paragraph of section 58 of chapter 31;”


Budget Amendment ID: FY2014-S3-59

LOC 59

Technical School Projects

Messrs. Donnelly, Ross, Rush and Eldridge moved that the proposed new text be amended by inserting, after section 62, the following new section:-

"SECTION XX.  Section 10 of chapter 70B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following new subsection, after subsection (c):

 

(d) For approved school projects for regional vocational technical school districts which have had out of out of district enrollment of 25 per cent or more during 5 or more of the 10 years preceding approval, the reimbursement percentage otherwise calculated pursuant to subsection (a) shall be increased by 10 per cent, provided that the total reimbursement percentage shall not exceed the maximum grant percentage under the first paragraph of this section.”


Budget Amendment ID: FY2014-S3-60

LOC 60

Middleton Land Purchase

Mr. Tarr moved that the proposed new text be amended by inserting after section _ the following new sections:-

“SECTION _. Notwithstanding sections 32 through 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance shall purchase a certain parcel of land in the town of Middleton from Teresa Farley, the seller, to be used for parking at the Essex County Jail. The purchase shall be subject to such terms and conditions as the commissioner of capital asset management and maintenance may prescribe.

 

The parcel to be purchased is 40,505 square foot located off Maple St near the intersection with Manning Avenue. It is known as Map 20 Lot 14 A on the Middleton Assessors Maps.

It is further described as Lot A on a “Plan of Land in Middleton, MA prepared for George M. and Teresa Farley” done by John A. Goodwin P.L.S. of Goodwin Survey Company, Inc. 95 Liberty St. Middleton, MA 01949 dated December 10th, 1992 recorded at the Essex County South Registry of Deeds in Plan 80 in Plan Book 280 on February 11, 1993.

The subject parcel being part of an original conveyance of 2.5 acres as shown on Plan 236 of 1928 at the Essex County South Registry of Deeds owned by Charles G. Woodbridge, surveyed by Phillip J Leary, C.E. 31 Exchange St., Lynn, MA November 1927.

The Two Hundred Eighty Eight Maple Street Real Estate Trust acquired said parcel via a quitclaim deed from Teresa Farley on January 13, 2012 and is recorded in Book 31004 Page 243 at the Essex County South Registry of Deeds.

 

SECTION _. The consideration to be paid for said property described in section 1 shall be the full and fair market value of the property, as determined by the commissioner of capital asset management and maintenance based upon an independent appraisal. The inspector general shall review and approve the appraisal and the review shall include a review of methodology used for the appraisal. The inspector general shall prepare a report of his review and file the report with said commissioner for submission to the house and senate committees on ways and means and chairmen of the joint committee on state administration.

 

SECTION _. Notwithstanding any general or special law to the contrary, the seller shall be responsible for all costs and expenses including, but not limited to, costs associated with any engineering, surveys, appraisals and preparation related to the conveyance authorized in this act as such costs may be determined by the commissioner of capital asset management and maintenance.”.


Budget Amendment ID: FY2014-S3-61

LOC 61

Special Election Reimbursement

Messrs. Ross, Tarr and Knapik moved that the proposed new text be amended by adding the following new section:-

 

SECTION XX. Chapter 3 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 10A the following section:-

 

SECTION 10B. Any city and town in which a special election has taken place shall be reimbursed for the total net costs within 30 days of the special general election.


Budget Amendment ID: FY2014-S3-61.1

Further LOC 61.1

Special Election Reimbursement

Mr. Tarr moved that the amendment be amended by inserting, after the word “a” the following word:-

“statewide”


Budget Amendment ID: FY2014-S3-63

LOC 63

Pesticide Licensing and Mosquito Control

Mr. Ross moved that the proposed new text be amended by adding the following new section:-

 

SECTION XX. SECTION 1. Section 2 of chapter 132B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the definition of “Nematode,” the following definition:-

“Permitted Catchbasin Larvicide Applicator”, an individual in the employ of a governmental unit who is permitted under the provisions of section 10 to use dry formulation mosquito larvicides that are approved by the department in storm drains and catchbasins.  Each governmental unit must employ or be in contact with a certified or licensed applicator to supervise or consult with the permitted catchbasin larvicide applicators.

SECTION 2. Section 6A of said chapter 132B is hereby amended by striking out, in line 6, the words “or licensed” and inserting in place thereof the following:- , licensed or permitted.

SECTION 3. Said section 6A of said chapter 132B is hereby further amended by striking out, in line 7, the words “or license” and inserting in place thereof the following words:- , license or permit.

SECTION 4. Subsection (b) of section 6E of said chapter 132B is hereby amended by inserting, in line 19, after the words “licensed applicator” the following words:- or permitted catchbasin larvicide applicator.

SECTION 5. Chapter 132B is hereby amended by striking out section 10 and inserting in place thereof the following section:-

Section 10. Certifications, licenses and permits to use pesticides may be issued to individuals by the department in accordance with the provisions, standards and procedures contained in and established pursuant to this chapter.  Each certification, license and permit issued pursuant to this section shall be valid only for the individual to whom it is issued, may not be transferred, and shall not continue in force and effect after the death of the individual to whom it is issued.  All certifications, licenses and permits shall be for a period not to exceed one year, unless sooner, revoked or suspended.

The department may authorize individuals to use pesticides in classifications as a certified commercial applicator, a certified private applicator, a licensed applicator and a permitted catchbasin larvicide applicator provided, however, that the department shall require that all persons who are applicators of pesticides in public and private places used for human occupation and habitation, except residential properties with three or less dwelling units, shall be so permitted, licensed, or certified with such special designation.

The department may establish such categories and subcategories as it deems necessary to restrict or condition the scope of pesticide use permitted within each classification.  The departments may establish such standards and criteria, take such action and impose such requirements as it deems necessary to determine or re-determine levels of competence and experience to qualify for each classification and each category and subcategory thereof.

Each applicant for a certification, license or permit shall annually file with the department an application providing thereon-such information as the department may require.

Each applicant desiring to be certified, licensed or permitted shall annually pay such application fee, not to exceed twenty dollars, as the department may by regulation require.

In the event that any individual files with the department an application to renew a certification, license or permit which is in effect on the date of the application for renewal and pays the appropriate fee therewith, such certification, license or permit shall be deemed to be in effect until the earlier of the following two events shall occur: ninety days have elapsed after the certification, license or permit was scheduled to expire; or the department notifies the applicant that the certification, license or permit has been renewed, modified or denied.

The department may issue a certification, license or permit to an applicant therefore if it determines that the applicant satisfies the criteria established for that certification, license or permit and the category or subcategory for which the certification, license or permit is sought.  The department may thus issue a certification; license or permit subject to such terms, conditions, restrictions and requirements as it deems necessary.  The department may require that an applicant for a certification, license or permit has obtained and maintains in effect a contract of liability insurance conforming to regulations established by the department.

The department shall prior to issuing a certificate, license or permit evaluate each applicant to determine his competence with respect to the use and handling of pesticides, or to the use and handling of the pesticides or class of pesticides covered or to be covered by said individual’s certification, license or permit.  Said evaluation shall include such examinations as the department may require.  Examinations may be taken only upon payment of a fee; not to exceed ten dollars for each examination given, as the department may require by regulation approved by the board.  Each examination shall include an evaluation of the applicant’s competence with respect to the use of integrated pest management.

The department may revoke, suspend, cancel or deny any certification, license or permit, or any class thereof, at any time, if it believes: that the terms or conditions thereof are being violated or are inadequate to avoid unreasonable adverse impacts on the environment, or that the holder of or applicant for the certification, license or permit has violated any provision of this chapter or FIFRA or any regulation, standard, order, license, certification or permit issued thereunder or that the holder or applicant for said certification, license or permit is not competent with respect to the use and handling of pesticides, or to the use and handling of the pesticides or class of pesticides covered by said individual’s certification, license or permit.  Any person whose certification, license or permit is suspended or revoked hereunder shall also be subject to such other punishment, penalties, sanctions or liabilities as may be provided by law.  As part of its determination to refuse to grant, to revoke, or to suspend a certification, license or permit the department may specify a period not to exceed two years, within which the applicant may not reapply for a certification, license or permit.  In the event that the department has refused to issue or has revoked or suspended such a certification, license or permit and has specified a period for non –application, the department may later, at its discretion, shorten or waive such period.

The department may, at its discretion, appropriately license, certify or permit any person possessing a valid certification or license, or equivalent rating, issued by the pesticide control agency of any other state or the federal government whose standards for the issuance of such rating are not less stringent than those of the department, provided that the pesticide control agency of that state extends similar privileges to persons so licensed, certified or permitted by the commonwealth.  Any person so licensed, certified or permitted shall be subject to the annual fee requirements of this section.

SECTION 6. Section 13 of said chapter 132B is hereby amended by striking out, in line 4, the words “or license” and inserting in place thereof the following:- , license or permit.


Budget Amendment ID: FY2014-S3-64

LOC 64

Pentucket Regional School District

Mr. Tarr and Ms. O'Connor Ives moved that the proposed new text be amended by inserting after section _ the following sections:-

 

SECTION x. Upon the effective date of this act, any monies remaining in the Supplemental Reserve Fund to Ensure Fiscal Stability reserve fund established by section 5 of chapter 108 of the acts of 2006 shall be transferred to the Pentucket Regional School District Middle and High School Complex Capital Fund as established by section 2.

 

SECTION xx. Notwithstanding any general or special law to the contrary, there is hereby established a separate fund to be known as the Pentucket Regional School District Middle and High School Complex Capital Fund into which shall be deposited all monies held in the Supplemental Reserve Fund to Ensure Fiscal Stability, established by section 5 of chapter 108 of the acts of 2006, for the purpose of capital expenditures for the Pentucket Regional School District middle and high school complex located in the town of West Newbury.  The Pentucket regional school committee shall be the custodian of the fund and may authorize disbursements from the fund for capital purposes that the committee considers appropriate to provide for the middle and high school complex. Any income derived from the investment or reinvestment of amounts held in the fund shall remain with and become part of the fund.

 

SECTION xxx. Chapter 108 of the acts of 2006 is hereby repealed.

 

SECTION xxxx.  The Pentucket Regional School Committee may dissolve the Pentucket Regional School District Middle and High School Complex Capital Fund and may authorize disbursements from the fund for operating purposes that the committee considers appropriate to maintain and continue regional school district operations.

 

SECTION xxxxx.  Section xxxx shall take effect on July 1, 2018.


Budget Amendment ID: FY2014-S3-65

LOC 65

Municipal Fine Ceilings

Mr. Ross moved that the proposed new text be amended by adding the following new section:-

 

“SECTION XX. Section 21 of chapter 40 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 5, the word “three hundred” and inserting in place thereof the following word:- eight hundred


Budget Amendment ID: FY2014-S3-66

LOC 66

Special Education Enrollment

Messrs. Ross, Knapik and Tarr moved that the proposed new text be amended by adding the following new section:-

 

SECTION XX. Section 2 of chapter 70 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking the third and fourth definitions and inserting in place thereof the following definitions:-

"Assumed tuitioned-out special education enrollment", the prior 5 year district average percentage of students included in foundation enrollments on Special Education Individual Education Plan whom the district has placed in out of district placements.

"Assumed in school special education enrollment", the prior 5 year district average percentage of students included in foundation enrollments on Special Education Individual Education Plans who attend district schools.


Budget Amendment ID: FY2014-S3-67-R2

2nd Redraft LOC 67

Local Share of Racing Revenues

Messrs. Pacheco and Ross moved that the proposed new text be amended in section 2, by inserting after item 1000-0001 the following item:-

“Massachusetts Gaming Commission.

1050-0140 For payments to cities and towns in accordance with chapter 23K of the General Laws; provided, that the Massachusetts gaming commission shall reimburse the general fund for payments made under this item……..$1,150,000”;