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Floor Number: 451                                                                                                               

MEMBERS ON THE BOARDS OF REGISTRATION

Mr. Moore moves to amend the bill by inserting, after Section 84, the following new Section:-

SECTION  85.

Section 1. Section 13 of Chapter 13 of the General Laws as appearing in the 2000 Official Edition is hereby amended by deleting subsection (a) and inserting in place thereof the following subsection:-

The governor shall appoint seventeen members to a board of registration in nursing hereinafter called the board. When making such appointments the governor shall consider persons suggested by nursing organizations in the commonwealth. Members shall be residents of the commonwealth. The composition of the board shall be as follows: nine registered nurses; four licensed practical nurses; one physician registered pursuant to chapter 112; one pharmacist registered under section 24 of chapter 112 and two consumers.

Section 2. Section 22 of Chapter 13 of the General Laws as appearing in the 2000 Official Edition is hereby amended by deleting the following words "There shall be a board of registration in pharmacy, in the three following sections called the board, consisting of seven persons, who shall be residents of the commonwealth. Five of these persons shall be registered pharmacists and shall have had at least ten consecutive years of practical experience in the compounding and dispensing of physicians' prescriptions, and shall actually be engaged in the drug business. At the time of appointment to the board, at least one of such five members shall be an independent pharmacist employed in the independent pharmacy setting and at least one of such five members shall be a chain pharmacist employed in the chain pharmacy setting provided, however, that not more than two pharmacists in any one practice setting may serve on the board at any one time. For the purposes of this section ""independent pharmacist'' shall mean a pharmacist actively engaged in the business of retail pharmacy and employed in an organization of nine or fewer registered retail drugstores in the commonwealth under the provisions of section 39 of chapter 112 and employing not more than 20 full-time pharmacists, and ""chain pharmacist'' shall mean a pharmacist in the employ of a retail drug organization operating ten or more retail drug stores within the commonwealth under the provisions of said section 39; provided, however, that an independent pharmacist and a chain pharmacist shall represent two distinct practice settings. One person shall be a registered pharmacist and shall have had at least ten years of experience in the compounding and dispensing of physicians' prescriptions, and shall actually be engaged as a pharmacist in a non-profit hospital in the commonwealth. One member shall be a representative of the public, subject to the provisions of section nine B. No more than one member shall reside in the same senatorial district. One member shall annually in November be appointed by the governor, for five years from December first following" and inserting in place thereof, the following words:

There shall be a board of registration in pharmacy, in the three following sections called the board, consisting of eleven persons, who shall be residents of the commonwealth. Five of these persons shall be registered pharmacists and shall have had at least ten consecutive years of practical experience in the compounding and dispensing of physicians' prescriptions, and shall actually be engaged in the drug business. At the time of appointment to the board, at least one of such five members shall be an independent pharmacist employed in the independent pharmacy setting and at least one of such five members shall be a chain pharmacist employed in the chain pharmacy setting provided, however, that not more than two pharmacists in any one practice setting may serve on the board at any one time. For the purposes of this section ""independent pharmacist'' shall mean a pharmacist actively engaged in the business of retail pharmacy and employed in an organization of nine or fewer registered retail drugstores in the commonwealth under the provisions of section 39 of chapter 112 and employing not more than 20 full-time pharmacists, and ""chain pharmacist'' shall mean a pharmacist in the employ of a retail drug organization operating ten or more retail drug stores within the commonwealth under the provisions of said section 39; provided, however, that an independent pharmacist and a chain pharmacist shall represent two distinct practice settings. One person shall be a registered pharmacist and shall have had at least ten years of experience in the compounding and dispensing of physicians' prescriptions, and shall actually be engaged as a pharmacist in a non-profit hospital in the commonwealth. One person shall be a register pharmacist and shall have had a least ten years of experience employed in a long-term care pharmacy setting.  Two members shall be representatives of the public, subject to the provisions of section nine B. One member shall be a physician registered pursuant to chapter 112 and one member shall be a nurse registered pursuant to chapter 112.  No more than one member shall reside in the same senatorial district. One member shall annually in November be appointed by the governor, for five years from December first following

Section 3. Section 10 of Chapter 13 of the General Laws as appearing in the 2000 Official Edition is hereby amended by striking out the first paragraph and insert in place thereof the following words:-

There shall be a board of registration in medicine, in this section and section eleven called the board, consisting of nine persons appointed by the governor, who shall be residents of the commonwealth, five of whom shall be physicians registered under section two of chapter one hundred and twelve, or corresponding provisions of earlier laws, one who shall be a nurse registered under chapter 112, one who shall be a pharmacist registered under section 24 of chapter 112 and two of whom shall be representatives of the public, subject to the provisions of section nine B. Each member of the board shall serve for a term of three years.

Section 4. Section 11B of Chapter 13 of the General Laws as appearing in the 2000 Official Edition is hereby amended by striking out the first paragraph and insert in place thereof the following words:-

There shall be a board of respiratory care hereinafter called the board, which shall consist of seven members to be appointed by the governor and said appointments may be from among a list of nominations submitted by the Massachusetts Society for Respiratory Therapy or its successor. Members of the board shall be residents of the commonwealth and citizens of the United States. Two of such members shall be respiratory therapists licensed in accordance with the provisions of section twenty-three S of chapter one hundred and twelve except that such members constituting the first board shall be persons eligible for licensing as practitioners of respiratory care; two of such members shall be physicians with pulmonary related specialities licensed in accordance with the provisions of section two of said chapter one hundred and twelve, one such member shall be a nurse with pulmonary related experience licensed in accordance with the provisions of said chapter one hundred and twelve, and two of such members shall be consumers of respiratory care services selected from and representing the general public.

Section 5. Section 19 of Chapter 13 of the General Laws as appearing in the 2000 Official Edition is hereby amended by striking out the first paragraph and insert in place thereof the following words:-

There shall be a board of registration in dentistry in the following two sections called the board, consisting of nine persons, each of whom shall be a legal resident of the commonwealth, to be appointed by the governor, six of whom shall be graduates of a reputable dental college and be reputable dentists who have maintained a license to practice dentistry in the commonwealth for the eight years next preceding his appointment, two of whom shall be representatives of the public, subject to the provisions of section nine B, one of whom shall be a graduate of a reputable school of dental hygiene and a reputable dental hygienist who has maintained a license to practice dental hygiene in the commonwealth for the five years next preceding his appointment. No more than one member of the board who is a dentist may be a full time member of the faculty or a trustee of any institution engaged in educating dentists or having power to confer degrees in dentistry. The governor shall appoint annually in April, for a term of five years, a successor to those members of the board whose terms are expiring in that month. No member shall serve more than two full terms.

Section 6. Section 73 of Chapter 13 of the General Laws as appearing in the 2000 Official Edition is hereby amended by striking out the first paragraph and insert in place thereof the following words:-

There shall be a board of nursing home administrators, in this section and in sections seventy-four and seventy-five called the board, consisting of the commissioner of public health or his designee, the commissioner of public welfare or his designee, the secretary of elder affairs or his designee, and eleven members appointed by the governor. One member shall be an educator actively engaged in the field of health care administration, one shall be a medical doctor, one shall be a registered nurse, one shall be a hospital administrator actively engaged in long term health care administration, and two shall be representatives of the public, subject to the provisions of section nine B. Five members shall be nursing home administrators who shall have been practicing for at least five years and who shall be eligible for licensure; and one of said five shall be the administrator of a nonproprietary nursing home. Not more than five members shall be administrators of nursing homes. Each appointive member of the board shall serve for a term of three years. Any vacancy shall be filled by the governor for the unexpired term. Members may be removed by the governor for cause after due notice and hearing.

Floor Number: 452                                                                              

SITING OF TELECOMMUNICATIONS FACILITIES

Ms. Fargo, Ms. Creem, Mr. Hart, Mr. Hedlund, Ms. Resor and Ms. Walsh  move to amend this bill by inserting after Section 83, the following new Section:-

“SECTION .  The second paragraph of section 3 of chapter 40A of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by adding the following sentence: - “For the purposes of this chapter, the term public service corporation shall not include commercial mobile radio service providers.”

MASSPORT RETIREE BENEFIT TRUST FUND.

Mr. Travaglini moves to amend the bill, by inserting at the end thereof, the following new Section:-

SECTION ___.  The Retirement Board of the Massachusetts Port Authority is hereby directed to establish a retirement benefit fund for retired employees, and the eligible surviving spouse or dependents of deceased employees. Such funds shall be credited to a special fund to be known as the Retiree Benefit Trust Fund. The funding for such fund shall be initiated by appropriating and transferring all funds presently in the Massachusetts Port Authority Retirement System which exceed one hundred and twenty(120%) per cent of the required funding for that system as established by the annual report of said system.  Any interest or other income shall be added to and become part of such fund. Any funds in said Retiree Benefit Fund shall be trust funds within the meaning of section 54 of chapter 44 of the General Laws. The Massachusetts Port Authority Employees’ Retirement Board, or their designee, by a majority vote of such Board, shall be the custodian of such fund, and may deposit the proceeds in national banks or invest the proceeds by deposit in savings banks, cooperative banks, or trust companies organized under the laws of the commonwealth or in federal savings and local associations situated in the commonwealth or invest the same in such securities as are legal for the investment of funds of savings banks under the laws of the commonwealth. The Board may employ any qualified bank, trust company, corporation, firm or person to advise them on the investment of the fund and may pay for such advice. Amounts shall be added  to such fund upon the publishing of the Retirement system’s annual report and the establishment that the Retirement Fund exceeds twenty per cent of the fully required funding. All amounts which exceed one hundred and twenty (120%) per cent shall be transferred to The Retirees’ Benefit Fund Amounts. The Retirement Board may expend such funds for the benefit of the retirees following a majority vote of said Board. Funds may be utilized for the purposes of this trust fund by appropriation at any meeting of The Massachusetts Port Authority Retirement Board. Monies which exceed the One Hundred and Twenty (120%) Per Cent shall be transferred to the Retirees Benefit Account on an annual basis on the anniversary of the initial transfer of such funds.

Floor Number: 454                                                                              

Mr. Joyce,  Mr. Knapik,  Mr. Moore,  Ms. Tucker,  Ms. Fargo,  Mr. Tisei  and Mr. Tolman  move to amend the bill by inserting, after Section 11, the following sections:

SECTION 11A. Section 14 of Chapter 19A of the General Laws, as so appearing, is hereby amended by striking out the definition of “abuse”, and inserting in place thereof the following definition: --

“Abuse”, an act or omission which results in serious physical or emotional injury to an elderly person or financial exploitation of an elderly person; or the failure, inability or resistance of an elderly person to provide for him or herself one or more of the necessities essential for physical and emotional well-being without which the elderly person would be unable to safely remain in the community; provided, however, that no person shall be considered to be abused or neglected for the sole reason that such person is being furnished or relies upon treatment in accordance with the tenets and teachings of a church or religious denomination by a duly accredited practitioner thereof.”

SECTION 11B. Section 15 of said chapter 19A, is hereby amended by inserting after the word “podiatrist”, in line 5, the following words:-- executive director of a Council on Aging or.

Floor Number: 455

Relating To An Investigation And Study By A Special Commission Relative To The Importation, Storage, And Distribution Of Road Salt And Other Snow Materials In The Commonwealth

Mr. Glodis of Worcester moves to amend the bill by inserting, after Section 84, the following new Section:-

"SECTION___.  This section would create a special commission for the purpose of making an investigation, study and detailed recommendations relative to the importation, storage and distribution of an adequate and timely supply of road salt and other snow materials into the Commonwealth for the promotion and protection of public safety.  The commission shall consist of two members of the Senate, three members of the House of Representatives, the Secretary of Environmental Affairs or his designee, the Secretary of Transportation or his designee, the Commissioner of Environmental Protection or her designee, the Commissioner of Highways or his designee, the Chairman of the Massachusetts Turnpike Authority or his designee, the Chairman of the Massachusetts Port Authority of his designee; a representative from the City of Boston, a representative from the City of Chelsea, representatives from at least two salt suppliers operating within the Commonwealth, and a representative from the Boston Harbor Association.

The commission shall be responsible for investigating the methods by which road salt and other materials are supplied to the Commonwealth; the methods and means of salt storage and distribution; contract arrangements for the purchase and supply of road salt and other materials; the storage capacity of state and municipal public safety authorities; the availability of waterfront facilities in designated port areas for the importation, storage and distribution of road salt supplies; whether current practices with respect to the importation, storage and distribution of road salt supplies; whether current practices with respect to the importation, storage and distribution of road salt supplies are adequate to protect the Commonwealth’s environment and natural resources; and whether chapter 85, section 7A of the General Laws as currently enacted provides for the necessary balance of public safety and environmental protection.  In addition to investigating the situation in the Commonwealth, the commission shall be authorized to examine how other states manage, maintain, and regulate the importation, storage, and distribution of road salt and other snow control materials.

The commission shall submit a report to the Speaker of the House of Representatives, the President of the Senate, and the Governor, together with the recommendations for legislative action, not later than March 15, 2003."

Floor Number: 456

Permitting the State Police collective bargaining unit to engage in interest arbitration when there is an impasse in the collective bargaining process.

Mr. Glodis of Worcester moves to amend the bill by inserting, after Section 84, the following new Section:-

"SECTION___.  Chapter 1078 of the acts of 1973, as amended by chapter 333 of the acts of 1988, is hereby amended further by striking out section 8A."

TECHNICAL CORRECTION RELATIVE TO BOLIVAR STREET IN CANTON

Mr. Joyce moves to amend the bill by inserting after section 43 the following section:-

“SECTION 43A.  Item 7004-0089 in section 2 of chapter 127 of the acts of 1999 is hereby amended in item 7004-0089 by striking out:

“or structural reinforcement of the Bolivar Street public works garage in the town of Canton;” and inserting in place thereof the following words:-

“of the Bolivar Street public works garage in the town of Canton, and to purchase land or buildings, to prepare land and to erect or remodel any existing buildings or other structures, for the construction and equipping of a public works garage in the town of Canton.” 

Mr. Shannon moves to amend the bill by inserting, after Section 84, the following new Section:-

“SECTION___.  Chapter 40 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out section 5B and inserting in place thereof the following section:-

Section 5B.  For the purpose of creating one or more stabilization funds, cities, towns and districts may appropriate in any year an amount not exceeding, in the aggregate, 10 per cent of the amount raised in the preceding fiscal year by taxation of real estate and tangible personal property or such larger amount as may be approved by the Emergency Finance Board established under section 47 of chapter 10.  The aggregate amount in such funds at any time shall not exceed 10 percent of the equalized valuation of the city or town as defined in section one of chapter 44.  Any interest shall be added to or become a part of such applicable funds.

The treasurer shall be the custodian of all such funds and may deposit the proceeds in national banks or invest the proceeds by deposit in savings banks, co-operative banks or trust companies organized under the laws of the commonwealth, or invest the same in such securities as are legal for the investment of funds of savings banks under the laws of the commonwealth or in federal savings and loans associations situated in the commonwealth.

At the time of creating any such fund the city, town or district shall specify, and at any later time may alter, the purpose or purposes of the fund, which may be for any lawful purpose, including without limitation an approved school project under chapter 70B or any other purpose for which the city, town or district may lawfully borrow money.  Such specification and any such alteration of purpose, and any appropriation of funds into or out of any such fund, shall be approved by two-thirds vote, except as provided in paragraph (g) of section 21C of chapter 59 for a majority referendum vote.  Subject to said section 21C, in a town or district any such vote shall be taken at an annual or special town meeting, and in a city any such vote shall be taken by city council.

SECTION 2.  Paragraph (g) of section 21C of chapter 59, as so appearing, is hereby amended by adding at the end thereof, after line 81, the following new paragraph:-

If a question as aforesaid shall provide for assessing taxes for the purpose of funding one or more stabilization funds established pursuant to section 5B of chapter 40, the assessors shall in each successive fiscal year assess property taxes for the same purpose in an amount equal to 102 ½ percent of the amount assessed in the next preceding year in which additional taxes were assessed for such purpose, but only if local appropriating authority votes by a two-thirds vote to appropriate such increased amount in such year for such purpose, provided that the voters of the city or town, by majority vote at a referendum, may alter the purpose of the stabilization fund or authorize the assessment of such additional property taxes for another purpose.  In any year in which the local appropriating authority does not vote to appropriate such amount as aforesaid, the total property tax levy for such year shall be reduced by the amount that could otherwise have been assessed, so that such additional taxes may not be assessed for any other purpose.  The maximum levy limit under paragraph (f) shall not be affected by any such reduction in the levy for such year.”

Floor Number: 459                                                                            

PROVISION TO REFORM UNFAIR PRACTICES RELATING TO CERTAIN RETAIL SALES.

Mr. Travaglini moves to amend the bill, by inserting after Section 29, the following section:-

SECTION 29A.  Section 6 of chapter 93 of the General Laws is hereby amended by inserting after the first sentence the following sentence:--

                It shall be unlawful for a cigarette manufacturer or distributor to directly or indirectly require a retailer, as a condition to the receipt of consumer price discounts, promotions or otherwise, to allocate a percentage of the retailer’s available stocking, display, signage or advertising space exclusively for the sale or promotion of said manufacturer’s or distributor’s product. 

Floor Number: 460                                                               Redraft

LOCAL OPTION EXCISE TAX

Ms. Wilkerson, Ms. Melconian, Mr. Rosenberg, Mr. Hart, Jr.  and Mr. O'Leary  move to amend the bill by inserting, after Section 24, the following new Section: -

“SECTION 24A.  Chapter 64H of the General Laws, as appearing in the 2001 Official Edition, is hereby amended by inserting after section 2 the following section: -

Any city or town which accepts the provisions of this section shall be authorized to impose a local excise tax, as provided in this chapter, upon the sale of meals, as defined in this chapter, of 1% of the total price thereof.  The local excise tax imposed under the provisions of this section shall be paid by the vendor to the commissioner at the same time and in the same manner as the excise tax due the commonwealth.  All sums received by the commissioner under this section as excise, penalties or forfeitures, interest, costs of suit and fines shall at least quarterly be distributed, credited and paid by the state treasurer upon certification of the commissioner to each city or town that has adopted the provisions of this section in proportion to the amount of such sums received from sale of meals in each such city or town.  This section shall only take effect in a city or town accepting the provisions of this section by a majority vote of the city council with the approval of the mayor, in the case of a city with a Plan A, Plan B, or Plan F charter; by a majority vote of the city council, in the case of a city with a Plan C, Plan D, or Plan E charter; by a majority vote of the annual town meeting or a special meeting called for purpose, in the case of municipality with a town meeting form of government; or by a majority vote of the town council, in the case of a municipality with a town council form of government.  The provisions of this section shall take effect on the first day of the first calendar month following such acceptance; provided, however, that such day is at least fifteen days after such acceptance; and, provided further, that if such day is less than fifteen days after such acceptance it shall take effect on the first day of the second calendar month following such acceptance.  The city or town, in accepting the provisions of this section, may not revoke or reimpose the local excise tax provided for in this section more often than once in any twelve-month period.

Floor Number: 461                                                                              

CONFORMITY WITH FEDERAL LAW FOR RETIREMENT AND COLLEGE EDUCATION SAVINGS

Mr. O’Leary, Ms. Walsh,  Ms. Creem, Mr. Lees, Mr. Pacheco, Mr. Knapik, Mr. Hedlund,  Mr. Tarr and Ms. Tucker  move to amend the bill by inserting after Section 84 the following new Section:-

SECTION  85 .  Section 1.  Section 1 of chapter 62 of the General Laws, as most recently amended by chapter 96 of the Acts of 2002, is hereby further amended by deleting the definition of “Code” and replacing it with the following: -

(c) "Code", the Internal Revenue Code of the United States, as amended on January first, 1998 and in effect for the taxable year; provided, however, that references in this chapter to sections 62(a), 72, 274(m), 274(n), 401 through 420, inclusive (but excluding 402A and 408(q)), 457, 529, 3401, and 3405 of the Internal Revenue Code of the United States shall refer to the Internal Revenue Code, as amended and in effect for the taxable year.

Section 2.  Paragraph (2) of subsection (a) of section 2 of said chapter 62, is hereby amended by inserting at the end thereof the following new subparagraph:-

(L) Any amount of Massachusetts gross income attributable to earnings or distributions from a qualified tuition program, as defined in section 529 of the Code, provided that any distributions are used to pay for qualified educational expenses, as defined in said section 529. 

Section 3.  Said subsection (a) is hereby further amended by deleting paragraph (3) in its entirety and replacing it with the following:

(3) Notwithstanding any other provision of this chapter:

(A) In the case of a distribution within the meaning of subsection (d)(3) of section 408A of the Code any amount included as income for federal tax purposes under said section 408A by reason of such distribution shall be included in gross income and, to the extent such distribution is included in adjusted gross income under subsection (c), shall be taken into account in determining taxable income under this chapter in the same manner as under subparagraph (A) of said subsection (d)(3) of said section 408A of said Code.
 (B) Gain from the sale of a principal residence included in federal gross income under section 121 of the Code in effect on January 1, 1988, but excluded from federal gross income under section 121 of the Internal Revenue Code in effect for the taxable year, shall not be included in Massachusetts adjusted gross income.  For the purposes of recognizing gain on the sale of a principal residence, the provisions of section 1034 of said Code shall not apply.

(C) Effective on and after January 1, 2002, any contributions (including employer contributions, employee deferrals and rollover contributions) allocations under, or distributions from, stock bonus, pension, profit-sharing, annuity or deferred payment plans or contracts or employee stock ownership plans described in sections 401(a), 402, 403, 404, 409 or 457 of the Code, or simplified employee pensions under section 408(k) of the Code, shall be included in gross income of any taxpayer only to the extent includible in such taxpayer’s gross income for federal income tax purposes under the Code.

Section 4.  The provisions of this act shall take effect for tax years beginning on or after January 1, 2002.

Floor Number: 462                                                              

PENALTY FOR THEFT OF CONTROLLED SUBSTANCES

Mr. Glodis of Worcester moves to amend the bill by inserting, after Section 84, the following new Section:-

“SECTION____.  Said chapter 94C is hereby further amended by striking out section 37, as appearing in the 2000 Official Edition, and inserting in place thereof the following section:- 

Section 37. Whoever steals a controlled substance from a registered manufacturer, wholesale druggist, pharmacy or other person authorized to dispense or possess any controlled substance shall be punished by imprisonment in the state prison for not less than 3 nor more than 10 years or in a jail or house of correction for not more than 2 ½ years or by a fine of not less than $500 nor more than $5,000 or by both such fine and imprisonment.”

Floor Number: 463 

MUNICIPAL POLICE COOPERATION 

Mr. Glodis of Worcester moves to amend the bill by inserting, after Section 84, the following new section: -

“SECTION_____.  There shall be within the executive office of public safety a department of police services under the supervision and control of a municipal police commissioner.

SECTION 2.  The municipal police commissioner shall be the executive and administrative head of the department.  The commissioner shall coordinate the efforts of municipal police departments and shall act as the liaison between the secretary of public safety and local police chiefs and departments on matters of mutual interest.  There shall be within the department, a division of training, including the Massachusetts criminal justice training council, established by section one hundred and sixteen of chapter six, the Massachusetts police accreditation commission, and a division of public safety under the charge of a director to be known as the commissioner of public safety as established by chapter 22. 

§3.            The municipal police commissioner, or his successor, shall be appointed by the Massachusetts municipal police commission, established in section one hundred and sixteen of chapter six, and shall serve at the pleasure of said commission.  The position of municipal police commissioner shall be classified in accordance with section forty-six C of said chapter thirty and the municipal police commissioner shall devote his full time during business hours to the duties of his office.  For retirement purposes, a person appointed commissioner who was previously a member of group IV shall be placed in that group.

§4.The third paragraph of section 6A of Chapter 280 shall be replaced with the following:
Said cost assessment shall be accounted for by the clerk of the court and forwarded to the state treasurer who shall deposit such assessment in the law enforcement and criminal justice training fund to be expended without further appropriation by the Secretary of Public Safety in the operation of the Criminal Justice Training Council.

§5.          There is hereby established in the executive office of public safety the Massachusetts municipal police commission, hereinafter called the commission, to consist of the secretary of public safety, ex officio, the executive Director of the Massachusetts Chiefs of Police Association, ex officio, and six members to be appointed by the governor, five of whom shall be police chiefs selected from a list of eight names submitted by the Massachusetts Chiefs of Police Association and one of whom shall be a police officer selected from a list of two names submitted by the Massachusetts Police Association.

            The five police chiefs selected from the names submitted by the Police Chiefs Association shall represent the following:

            (1)  a city with over 100,000 inhabitants;

            (2)  a city or town with between 50,000 and 100,000 inhabitants; and

(3)    three other cities or towns with a population under 50,000.

            The chairman of said commission shall be elected by a majority of the members thereof and shall serve as chairman for a term of one year or until his successor is elected.  Said chairman shall be elected annually at the January meeting.

            Members of the commission shall be appointed for terms of three years with no limit on the number of terms they may serve.  Members shall hold office until a successor is appointed and no member shall serve beyond the time he ceases to hold office or employment by reason of which he was eligible for appointment to the commission.

            The commission shall meet monthly except that the chairman, with commission approval, may omit meetings in July and August and the chairman, the governor, or the secretary of public safety may call additional meetings at other times, of which all members shall be given notice in writing at least five days prior to such meeting.  Special meetings may be called by the chairman and shall be called by him at the request of the governor or upon the written request of four members of said commission.  If any member is absent from three regularly scheduled meetings, exclusive of July and August, in any calendar year, his office as a member shall be deemed vacant.  The chairman of the commission shall make an annual report to the governor and the secretary of public safety and shall include in it recommendations for appropriate legislation.

            The members of the commission shall serve without compensation but shall be reimbursed for their official duties.

            No member of the commission shall serve as a member concurrently on the Massachusetts criminal justice training council established in section one hundred and sixteen.

            The commission shall have responsibility for the following:

            (1)  the appointment of a municipal police commissioner;

(2)      the promulgation of regulations and policies pertaining to the operation of municipal police commissioner;

(3)      the promulgation of sample policies for municipal police in such areas as communications, special occurrences including but not limited to terrorism, the incident command system and combination with the fire services and state police.

(4)   reviewing the annual budget developed by the office of the municipal police commissioner;

(5)  advising the office of the municipal police commissioner regarding the preparation of sample municipal police policies and procedures; and

(6)      consulting with the Massachusetts criminal justice training council to develop standards for criminal justice training and certification.

(7)      Applying for and administering grants from the federal government and other sources in the area of law enforcement.

Floor Number: 464                                                                              

Mrs. Chandler of Worcester moves to amend the bill by inserting, after Section    , the following new Section:-

“SECTION     .            Section 8 of chapter 70B of the general laws, as appearing in the 2000 official edition, is hereby amended by inserting in line 27 after the word “districts” the following paragraph:-

            The board is directed to create a separate priority list for projects that have completed a project application after August 30, 2001.  The board shall assign each project to a priority category and place each project on the list in order of priority category, pursuant to subsection 1 to 8, inclusive.  Projects placed on the priority list shall not be re-ranked.  The board shall provide funding for projects in the order of placement on the list first, by the year the board received the application, then by the application’s priority category.

SECTION       .           Section 13 of chapter 70B of the general laws, as appearing in the 2000 official edition is hereby amended in line 11 by striking out the word “five” and inserting in place thereof the following word: - “seven”.”

Floor Number: 465

Mrs. Chandler moves to amend the bill by inserting, after Section    , the following new Section:-

“SECTION    .  The Commonwealth of Massachusetts recognizes that addressing the oral health crisis in the state requires a willingness to explore and validate new approaches to providing dental care to MassHealth recipients.  The purpose of this bill is to test the efficacy of caseload caps as a method to encourage more dentists to participate as MassHealth providers and to expand the availability of services to MassHealth recipients.

Section 1.               Notwithstanding any special or general law to the contrary, the Division of Medical Assistance is hereby directed to institute a pilot program within the MassHealth dental program to be known as the Dental Caseload Capacity Pilot Program in Worcester County to operate over a two-year period.  Said program shall be designed to increase access to dental services for Mass Health patients and shall be evaluated for its impact on the number of dentists participating and the number and types of MassHealth dental patients served and the amount and types of services provided.  Said program shall only be implemented after the Division has contracted with a third party administrator, if any, for the processing of MassHealth dental services.

Section 2.               The Dental Caseload Capacity Advisory Board shall be established as a part of the pilot program to assist the Division in overseeing the pilot program.  Said advisory board shall consist of five members: a representative from the Division, a representative from Health Care For All, a representative from the Massachusetts Dental Society, and the House and Senate chairs of the Joint Committee on Health Care.  The role of the Advisory Board shall be to review the progress of the program in consultation with the Division; to collect data relevant to a sound appraisal of the program, provided that such data constitutes a public record within the meaning of G.L. c.4 § 7, cl. 26; to inform the Division of problems encountered by MassHealth patients caused by the program, and to make recommendations to the Division for addressing said problems and to otherwise improve the program; and based on the efficacy of the two-year pilot in Worcester County, to make a recommendation to the Legislature as to whether, and to what degree, the pilot justifies more general implementation of the pilot model.

Section 3.               The purpose of the pilot program in Worcester County will be to determine if allowing dentists to limit their MassHealth caseload is an effective strategy to significantly increase the number of dentists participating in MassHealth, and thereby, significantly increase the number of MassHealth dental patients treated.  The Division shall be responsible for implementing said pilot program, including, but not limited to, the following:

a)                               provider dentists shall be allowed to initially determine the number of MassHealth patients they will accept into their practice and will be expected to maintain this caseload for at least one year;

b)                               provider dentists may increase the initial number of patients they chose to accept at any time during their participation in the pilot program;

c)                               the Division shall establish the criteria for the manner in which MassHealth patients will be referred to providers;

d)                               the Division may terminate the pilot program, or establish minimum caseload requirements under the program if, after at least one year of operation, the Division determines, upon the advice of the Dental Caseload Capacity Advisory Board, that the program has caused a decrease in the access of MassHealth participants to dental services;

e)                               insofar as consistent with federal law, no provider dentist currently participating in MassHealth may terminate the participation of any MassHealth dental patient the provider is  currently serving so long as  such patient is receiving active treatment, and in no event without ensuring that any such patient shall be admitted to the practice of another MassHealth dentist.

Section 4.               The Division shall, to the extent practicable, be responsible for assembling the data produced by the program.  Said data shall be based on, but not limited to, the following measures:

a)                   frequency, distribution of number, and types of dental services provided;

b)                   number and percent of MassHealth patients receiving and not receiving dental services, broken down, when made available, by race, ethnicity, gender and language spoken, if other than English;

c)                   MassHealth patient spending per year on dental services as compared to the general population;

d)                   utilization of hospital emergency rooms for dental treatment;

e)                    number of providers including provider type and geographical location; length of time between scheduling and date of appointment with participating dentists, and travel time and distance to appointments;

f)                     establishment of baseline data with which to compare the results of the pilot program.

The Division shall file a final report on the caseload capacity pilot program with the House and Senate clerk and with the Joint Committee on Health Care.

Section 5.               Said pilot program shall sunset no later than two years from the effective date of any contract between the Division and a third party administrator referred to in Section 1.”

Floor Number: 466

Mrs. Chandler of Worcester moves to amend the bill by inserting after Section    , the following new Section:-

“SECTION     .            Subdivision (1) of section 12 of chapter 32 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Any member who is retired for disability pursuant to the provisions of section 6 or 7 or who is retired pursuant to the provisions of subdivision (2) of section 26, may elect to have his allowance paid in accordance with the terms of option (a), option (b), or option (c) of subdivision (2) of this section; provided, however, that if a member elects said option (c), and the surviving eligible beneficiary of said member, under said option (c), is eligible for a benefit under section 9, said beneficiary shall elect to receive either a benefit pursuant to the provisions of said option (c) or a benefit pursuant to the provisions of section 9, but in no event shall benefits be paid, to the same beneficiary or to separate beneficiaries, pursuant to the provisions of both said option (c) and said section 9 as a result of the death of the same person.

SECTION      .                        Subdivision (1) of section 9 of chapter 32 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by adding the following sentence:- In no event shall benefits be paid, to the same beneficiary or to separate beneficiaries, pursuant to the provisions of both this section and option (c) of subdivision (2) of section 12 as a result of the death of the same person.”

Floor Number: 467

UNDERGROUND STORAGE CLEANUP FUND – FEES.

Mr. Travaglini moves to amend the bill, by inserting after Section 11, the following section:-

SECTION 11A.  Section 2 of Chapter 21J of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 5, the words “fifty dollars” and inserting in place thereof the following words: “one hundred dollars”.

Floor Number: 468                                                                            

SCHOOL BUILDING ASSISTANCE PRIORITY LIST RANKING

Mr. Tisei, Mr. Lees, Mr. Knapik, Mr. Tarr, Mr. Hedlund and Ms. Sprague move to amend the bill by adding at the end thereof the following new section:-

SECTION   . Section 8 of Chapter 70B of the general laws, as appearing in the 2000 official edition, is hereby amended by inserting in line 27 after the word “districts” the following paragraph:-

                “The Board is directed to create a separate priority list for projects that have completed a project application after August 30, 2001.  The Board shall assign each project to a priority category and place each project on the list in order of priority category, pursuant to subsections 1 to 8 inclusive.  Projects placed on the priority list shall not be re-ranked.  The Board shall provide funding for projects in the order of placement on the list first, by the year the Board received the application, then by the application’s priority category.”

Floor Number: 469

                                                                               Automobile Insurance REFORM

Mr. Tolman and Ms. Fargo move to amend the bill by inserting after Section 84 the following new Section:-

“SECTION 85.  (a) A special commission will be established to develop automobile insurance reform legislation based on a so-called “choice/no-fault” concept of offering consumers the option of a strong no-fault policy, which has been found in several credible studies, including the March of 1998 “Auto Choice: Impact on Cities and the Poor” study completed by the Joint Economic Committee of the U.S. Congress,

to provide significant annual savings for individual policies by reducing tort litigation. 

(b) Said commission shall include: (1) One member appointed by the speaker of the House of Representatives and one member appointed by the president of the Senate, both of whom shall be members of the General Court; (2) one member appointed by the minority leader of the House of Representatives and one member appointed by the minority leader of the Senate, both of whom shall be members of the General Court; (3) a representative of the Governor; (4) the commissioner of the Division of Insurance or the commissioner’s designee; and (5) 4 consumers with comprehensive awareness of Massachusetts automobile insurance issues, with demonstrated commitment to the public good, and with no affiliations with either the insurance industry or the trial bar, the method of their selection to be determined by the Joint Committee on Insurance;

(c) The commission shall propose legislation no later than one year from the date of passage of this bill.”

Floor Number: 470

State Racing Commission:

Mr. Tisei moves to amend the bill at the end thereof by adding the following section:-

SECTION   . Section 5 of Chapter 128A of the General Laws, as amended by section 9 of Chapter 139 of the Acts of 2001, is hereby further amended by inserting after subsection (h) (2), the following subsection:-

                “(2a) To pay, without further appropriation, the state racing commission’s expenses in excess of its appropriation for the costs to conduct each racing performance held by a racing meeting licensee, including racing meeting licensees conducting racing in conjunction with an agricultural fair. Said payments shall include but shall not be limited to, the cost of stewards, associate stewards, judges, associate judges, paddock judges, track judges, testing assistants, veterinarians, accountants, drug testing, and state police, as well as any travel associated with those performances.” 

Floor Number: 471                                                                             

EMS staffing standards:

Mr. Tisei moves to amend the bill by adding at the end there of the following section:

SECTION     :

Section 3 of chapter 111C of the General Laws is hereby amended by striking (b)(2) and inserting in place thereof the following:- (b)(2) establish minimum standards and criteria, where none exist, for all elements of the EMS system, taking into consideration relevant standards and criteria developed or adopted by nationally recognized agencies or organizations and relevant standards and criteria adopted by other states throughout the country, and the recommendations of interested parties that are part of the state's EMS system, including, without limitation, the regional EMS councils.  The following shall constitute the minimum standards for ambulances transporting patients by ground: ambulances rendering care at the Basic Life Support level shall be staffed with two EMT’s, both of whom shall, at a minimum, be certified at the EMT-Basic level; ambulances rendering care at the Intermediate level of Advanced Life Support shall be staffed with a minimum of two EMT’s, at least one of whom shall be certified at the EMT-Intermediate level or higher; ambulances rendering care at the Paramedic Level of Advanced Life Support shall be staffed with at least two EMT’s, at least one of whom shall be certified at the EMT-Paramedic level;

Floor Number: 472                                                                              

COMMERCIAL AREA REVITILIZATION DISTRICTS

Mr. Tolman moves to amend the by inserting after Section 84 the following new Section:-

“SECTION 85.  Section 1.  The third paragraph of subsection (a) of section 8 of chapter 23G of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by adding the following sentence:— Notwithstanding any provision of this paragraph to the contrary, the agency may finance projects for institutions without meeting any of the requirements other than those contained in the first sentence.

Section 2. Clause (1) of section 1 of chapter 40D of the General Laws is hereby amended by inserting after the fourth sentence the following two sentences:— A project undertaken by a nonprofit corporation authorized by law to provide facilities for educational, cultural or social services, including provision of working capital, or a project undertaken by a governmental entity for governmental purposes shall be deemed to constitute an industrial enterprise but shall not be deemed to constitute a commercial enterprise. Additionally, projects located within the boundaries of an empowerment zone as it may have been established in a city or town, pursuant to regulations of the United States Department of Housing and Urban Development, 24 CFR subsections 597 and 598, shall be deemed to constitute an industrial enterprise but shall not be deemed to constitute a commercial enterprise.

Section 3. Said section 1 of said chapter 40D, as so appearing, is hereby further amended by striking out, in lines 75 to 77, inclusive, the words “Facilities for the use of governmental and nonprofit entities shall be considered facilities to be used in a commercial enterprise, and bonds” and inserting in place thereof the following word:— “Bonds”.”

Floor Number: 473

Mr. Travaglini moves to amend the bill, by inserting after Section 51, the following section:-

                SECTION 51A.  Section 74 of Chapter 177 of the Acts of 2001 is hereby amended by striking out, in line 5, the number “9” and inserting in place thereof the number “10”; and with a further amendment by inserting, in line 13, after the words “Massachusetts League of Community Health Centers” the following words:- “1 of whom shall be one of the two Massachusetts Public Service Hospitals as defined by the Division of Health Care Finance and Policy in 114.1 CMR 36.13 (2)(i)(3)”.

Floor Number: 474

                                                           Authorization of a single Native American Casino

Senator Menard and Mr. Panagiotakos  move to amend the bill by inserting, after Section 83, the following new section:-

SECTION 83A. “WHEREAS, the Wampanoag Tribe of Gay Head (Aquinnah) (hereinafter "the Tribe") is the only Indian Tribe currently recognized in the Commonwealth of Massachusetts by the United States of America, with all sovereign powers and rights thereto pertaining; and

WHEREAS, the Commonwealth of Massachusetts (hereinafter "the Commonwealth" or "the State") is a State of the United States of America, with all sovereign rights and powers thereto pertaining; and

WHEREAS, the Tribe and the Commonwealth each have the authority to govern within their respective jurisdictions; and

WHEREAS, the Congress of the United States has enacted into law the Indian Gaming Regulatory Act (hereinafter "the Act" or "IGRA") which provides for the negotiation of a Compact in certain circumstances between an Indian Tribe and a State to govern the conduct of activities which constitute Class III Gaming as defined by the Act; and

WHEREAS, the Tribe and the Commonwealth have mutually agreed, pursuant to the Indian Gaming Regulatory Act, to the following provisions in order to:

(a) stimulate and promote Tribal economic development, self-sufficiency and strong Tribal government and to promote economic development in southeastern Massachusetts;

(b) protect the health, welfare, and safety of the members of the Tribe and the citizens of the Commonwealth;

(c) develop and implement a means of regulation for the conduct of Class III Gaming on a mutually acceptable site and ensure fair and honest operation of such gaming activities; and

(d) maintain the honesty and integrity of all activities conducted in regard to Class III Gaming;

Now, Therefore, the WAMPANOAG TRIBE OF GAY HEAD (AQUINNAH) and the COMMONWEALTH OF MASSACHUSETTS, in consideration of the mutual undertakings and agreements hereinafter set forth, do enter into a Tribal-State Compact as provided for herein.

1. TITLE.

This document shall be cited as "The Wampanoag Tribe of Gay Head (Aquinnah)-Commonwealth of Massachusetts Gaming Compact."

2. PURPOSES AND OBJECTIVES.

The purposes and objectives of the Tribe and the State in making this Compact are as follows:

a. To evidence the good will and cooperative spirit between the State and the Tribe;

b. To compact for Class III Gaming as authorized and required by the Act and to grant State authorization for Class III Gaming in the Temporary Facility as defined herein;

c. To fulfill the purposes and intent of the Act by providing for Tribal gaming as a means of promoting Tribal economic development, Tribal self-sufficiency and strong Tribal government;

d. To provide jobs and economic development in the Commonwealth of Massachusetts;

e. To provide Tribal revenues to fund Tribal government operations or programs;

f. To provide for the general welfare of the Tribe and its members and for other purposes allowed under IGRA;

g. To provide for Class III Gaming in which, except as provided in 25 U.S.C.§§ 2710(b)(4) and 2710(d)(2)(A), the Tribe shall have the sole proprietary interest and be the primary beneficiary of the Tribe's Gaming Enterprise;

h. To recognize the State's interest in the Tribe's establishment of rules and procedures which will ensure that Class III Gaming is conducted fairly and honestly by the owners, operators, employees and patrons of the Class III Gaming Enterprise of the Tribe;

i. To ensure that all Tribal Gaming Facilities are constructed and operated in a manner that protects the health and safety of their patrons;

j. To allow for Class III Gaming by the Tribe in a Temporary Gaming Facility pending commencement of Gaming Operations in the Permanent Gaming Facility.

3. DEFINITIONS.

For purposes of this Compact:

a. "Act" or "IGRA" means the Indian Gaming Regulatory Act, Act of October 17, 1988, Public Law 100, 497, 102 Stat. 2467, codified at 25 U.S.C. §§ 2701 et seq and 18 U.S.C. §§

1166-68.

            b. "Annual" or "Annually" refers to the fiscal year of the Commonwealth.

c.  "Approved Site(s)" means the parcel(s) of property located in Plymouth and/or Bristol  Counties.  Once said land is approved locally and is acquired by the Tribe under the restraint on alienation of 25 U.S.C. §­177, and the Tribe formally extends its governmental powers over it, and which will later be taken into trust by the federal government for the benefit of the Tribe, the Secretary of the United States Department of the Interior will take all necessary steps for it to be taken into trust for gaming.  The Governor, by her execution of this Compact, hereby determines that the operation of a Tribal Gaming Facility in and within the bounds of certain areas of Plymouth and /or Bristol Counties would not be detrimental to the surrounding areas.

d. "Casino Gaming" means Class III Gaming.

e. "Class III Gaming" means those forms of Tribal Gaming that are not Class I or Class II Gaming as defined in the Act.

f. "Compact" means this agreement between the Tribe and the State.

g. "Electronic Gaming Devices" means any game of chance mechanical, electronic or otherwise, featuring coin drop and payout or printed tabulations, whereby the software of the device predetermines the presence or lack of a winning combination and payout. Such devices also include microprocessor-controlled electronic devices that allow a player to play games of chance, which may be affected by an element of skill, activated by the insertion of a coin or currency or by the use of a credit and that award game credits, cash, tokens, replays or a written statement of the player's accumulated credits, which written statements are redeemable for cash.

h. "Enterprise" means any individual, trust, corporation, proprietorship, partnership or other legal Entity of any kind other than a business or Entity wholly owned and operated by the Tribe, provided, however, that with respect to any owned corporation, the term "Enterprise" shall include each other corporation or other legal Entity which directly or indirectly controls a majority of the voting interests in such corporation and further provided, with respect to any partnership, trust or other form of unincorporated business organization, the term "Enterprise" shall include each corporation or other legal Entity which controls a majority of the voting interests in such organization.

i. "Entity" means any partnership, joint venture, corporation, chartered body, joint stock company, company, firm, association, trust, estate, club, business trust, municipal corporation, society, receiver, assignee, trustee in bankruptcy, political subdivision and any owner, director, officer or employee of any such Entity or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise, provided, however, that the term does not include the Tribe, the federal or State government, or any agency thereof.

j. "Gaming" means Class III Gaming as defined herein.

k. "Gaming Employee" means any key gaming employee or standard gaming employee as defined herein.

l. "Gaming Equipment" means any machine or device which is specially designed or manufactured for use in the operation of any Class III game or activity.

m. "Gaming Facility" means any place, building, room or rooms in which Gaming, as authorized by this Compact, is conducted, including the Permanent and Temporary Facilities, and shall include all public and non-public areas of any such building.

n. "Gaming Operation" means any Enterprise, Entity, business or activity operated or authorized to operate by or on behalf of the Tribe for the purpose of conducting any form of Class III Gaming.

o. “Gaming Resources” means any goods or services provided or used in connection with Class III Gaming Activities, whether exclusively or otherwise, including, but not limited to, equipment, furniture, gambling devices and ancillary equipment, implements of gaming activities such as playing cards and dice, furniture designed primarily for Class III Gaming Activities, maintenance or security equipment and services, and Class III gaming consulting services.  “Gaming Resources” does not include professional accounting, legal services, real estate development or public relations services.

p. “Gaming Resource Supplier” means any person or entity who, directly or indirectly, manufactures, distributes, supplies, vends, leases, or otherwise purveys Gaming Resources to the Gaming Operation or Gaming Facility, provided that the Tribal Commission may exclude a purveyor of equipment or furniture that is not specifically designed for, and is distributed generally for use other than in connection with, Gaming Activities, if the purveyor is not otherwise a Gaming Resource Supplier as described in Section 12 under this Compact, the compensation received by the purveyor is not grossly disproportionate to the value of the goods or services provided, and the purveyor is not otherwise a person who exercises a significant influence over the Gaming Operation.

q. "Gaming School" means any Enterprise which provides specialized training to gaming employees for the conduct of Class III Gaming other than programs operated by the Tribe or the Tribal Gaming Operation.

r. "Gaming Services" means services or goods provided to the Tribe or its Management Contractor directly in conjunction with the operation of one or more Class III games in a Gaming

Facility, including security services for the Class III Gaming Facility, Junket Services, Gaming Schools or training activities, promotional services, the printing or manufacture of betting tickets or the manufacture, distribution, maintenance, testing or repair of Gaming Equipment.

s. "Gaming Space" means any room or rooms in which Class III Gaming, as defined by this Compact, is conducted.

t. "Gaming Supplies" means those goods or supplies which are specially designed for use in the operation of any Class III game or activity.

u. "General Laws" means the General Laws of the

Commonwealth of Massachusetts.

v. "Junket Services" means any arrangement that facilitates a patron's attendance at a Gaming Facility, selected by reason of the expectation that such a patron will participate

in gaming, by providing to such patron any consideration, including cash, rebates or reduced charges for goods or services (such as transportation, lodging, food, beverage or entertainment), provided, however, that the term shall not include Enterprises which function solely to provide common transportation to a Gaming Facility to the public without limitation to selected patrons.

w. "Key Gaming Employee" means any natural person employed in the operation or management of the Class III Gaming Facility authorized by the provisions of this Compact in any one of the following positions (described by function and not by title), whether employed by the Tribe, or by an Enterprise, or Management Contractor providing on-site services to the Tribe within the Class III Gaming Facility:

1. General Manager

2. Department Head/Casino Operations

3. Department Head/Finance

4. Department Head/Security

5. Department Head/Surveillance

6. Department Head/Marketing

7. Department Head/Legal Counsel

8. Manager/Table Games

9. Manager/Electrical Devices

10. Count Room Supervisor

11. Floor Manager

12. Pit Boss

13. Dealer

14. Croupier

15. Approver of Credit

16. Assistant Manager/Table Games

17. Games Shift Manager

18. Slot Operations Manager

19. Slot Tech Manager

20. Slot Shift Manager

21. Manager/Cashier & Credit

22. Chief Controller

23. Cage Manager

24. Credit Manager

25. Custodian of gaming devices including persons with access to cash and accounting records within such devices

26. If not otherwise included, any other person whose total cash compensation is in excess of $50,000 per year

27. If not otherwise included, the four most highly compensated persons in the Gaming Operation.

x. "Management Contractor" means any Person seeking to enter into or holding a Class III Management Contract with the Tribe.

y. "Net Gaming Revenues" is the total sum wagered on all gaming conducted within the Gaming Facility less amounts paid out as winnings and prizes.

z. "Permanent Facility" means the Gaming Facility to be constructed on the Approved Site(s), as set out in Section 5 of this Compact.

aa. "Person" means any individual, Entity, partnership, joint venture, corporation, joint stock company, company, firm, association, trust, estate, club, business trust, municipal corporation, society, receiver, assignee, trustee in bankruptcy, political subdivision and any owner, director, officer or employee of any such Entity, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise, provided, however, that the term does not include the federal, Tribal or State government or any agency thereof.

ab. "Principal" means with respect to any Enterprise:

(i) each of its officers and directors;

(ii) each of its primary management employees, including any chief executive officer, chief financial officer, chief operating officer or general manager;

(iii) if an unincorporated business, each of its owners or partners (limited or general);

(iv) if a trust, each trustee and beneficiary;

(v) if a corporation, each of its shareholders who owns more than ten percent (10%) of the shares of the corporation; and

(vi) each Person or Entity, other than a banking institution or state or federally regulated lending institution, who has provided financing (whether in the form of equity or debt) for the Enterprise constituting more than ten percent (10%) of the total financing of the Enterprise.

ac. "Slot Machine" means any mechanical or electronic gaming device which activates a reel spin by either a handle or push button, or a video poker or video lottery terminal, in which the software or mechanism of the device determines the presence or lack of a winning combination or payout, and which has the capability of paying winning wagers through automatic return of either coins, tokens, debit, or credit card, or a written statement of the player's accumulated credits, which statement can be redeemed for currency, or any other machine or device which the Tribal Commission reasonably determines to be equivalent thereof based on evolving technological standards, provided that such device does not simulate the games of Craps, Blackjack, or Roulette. Such gaming device shall be so designed as to limit play to a maximum of only one individual player at any given time.

ad. "Special Laws" means the Special Laws of the Commonwealth of Massachusetts.

ae. "Standard Gaming Employee" means any natural person, other than a Key Gaming Employee, employed in the operation or management of, or in connection with, the Gaming authorized by the provisions of this Compact, whether employed by the Tribe or by any Enterprise or Management Contractor providing on-site services to the Tribe within the Gaming Facility.

af. "State" means the Commonwealth of Massachusetts, its authorized officials, agents, representatives or agencies acting in their official capacities.

ag. “State Board or Agency" means such body or bodies the State may designate to perform the State regulatory functions detailed in this Compact.

ah. "State Law Enforcement Agency" means the Commonwealth of Massachusetts State Police and such other law enforcement agency or agencies of the Commonwealth, as it may from time to time designate by written notice to the Tribal Commission, as the law enforcement agency or agencies of the Commonwealth, which will have responsibility for law enforcement with respect to Gaming as authorized by the provisions of this Compact.

ai. "Temporary Facility" means the Temporary Facility authorized by Section 5(c) of this Compact.

aj. "Tribal Gaming Operation" means the Tribe or that subsidiary of the Tribe or entity of the Tribe which is authorized to conduct or operate Gaming pursuant to this Compact.

ak. "Tribal Law Enforcement Agency" means a law enforcement agency of the Wampanoag Tribe of Gay Head (Aquinnah) established and maintained by the Tribe, pursuant to the Tribe's powers of self-government, to carry out law enforcement within the jurisdiction of the Tribe.

al. "Tribe or Tribal" means the Wampanoag Tribe of Gay Head (Aquinnah) Tribal Council, any legal subdivision thereof and each of its authorized officials, agents and representatives.

am. “Tribal Commission" means the Aquinnah Wampanoag Tribal Gaming Regulatory Commission, its authorized officers, agents and representatives acting in their official capacities or such other agency of the Tribe as it may from time to time designate by written notice to the Commonwealth as the Tribal agency responsible for the Tribal regulation of Class III Gaming.

an. "Video Facsimile" means any mechanical, electrical or other device, contrivance or machine, which, upon insertion of a coin, currency, token or similar object therein or upon payment of any consideration whatsoever, is available to play or operate the play or operation of which is a facsimile of a game of chance and which may deliver or entitle the person playing or operating the machine to receive cash or tokens to be exchanged for cash or to receive any merchandise or thing of value, whether the payoff is made automatically from the machine or in any other manner whatsoever.

4. AUTHORIZED CLASS III GAMING.

Authorized Games and Activities. The Tribe is specifically authorized, notwithstanding the provisions of Chapters 137 and 271 of the General Laws or any Special or General Law or regulation regulating or prohibiting gaming or any other General or Special Law to the contrary, and pursuant to the applicable terms of this Compact, to conduct and operate at a for-profit Gaming Facility open to the public on the Approved Site(s), whether permanent or temporary and subject to the terms and conditions of this Compact and 25 U.S.C. § 2710,  any and all of the following games of chance.  The Tribe shall determine the bet limits, hours of operation and the number of said games, activities, positions, machines, electrical, mechanical or other devices at the Gaming Facility.

i. Banking and non-banking card games, including but not limited to blackjack, poker in any variation, Chemin de Fer, Baccarat, and Caribbean-Stud;

ii.     Dice games of all types;

iii.    Money-wheels;

iv.    Roulette;

v.     Let it Ride;

vi.    Chuck-a-Luck;

vii.   Pan Games;

viii.  Keno;

ix.    Over and Under;

x.     Horse race game;

xi.    Acey-Ducy;

xii.   Beat the Dealer;

xiii.  Bouncing Ball;

xiv.   Any bazaar game not listed above;

xv.    Electronic Gaming Devices;

xvi.   Slot Machines;

xvii.  Video Facsimiles of any game of chance listed above;

xviii. Off-track pari-mutual betting on animal races;

xix.   Pari-mutual betting through simulcasting on animal races;

xx.    Off-track pari-mutual telephone betting on animal races;

xxi.   Raffles;

xxii.  Progressive Gaming;

xxiii. In addition, any Class III Gaming authorized to be conducted from time to time from and after the execution of this Compact in the Commonwealth of Massachusetts or in the State of Connecticut or any other game of chance classified as a form of Class III Gaming, provided, however, that the Tribe may not conduct such games of chance until the expiration of a period of sixty (60) days from and after the date the Tribal  Commission notifies the Board of its intention to conduct such new games of chance. In the event the Tribal  Commission does not receive notice of non-approval of such new games of chance by the Board within such period, such new games of chance shall be deemed approved. Notwithstanding Section 9.a. below, the parties hereto agree and acknowledge that the State Board or Agency shall have the right to approve or disapprove such new games of chance, provided that if such approval or disapproval is different from the Tribe’s determination, the State Board or Agency’s approval or disapproval shall be subject to Section 26 herein, and if approval is pending, such approval shall not to be unreasonably withheld.

5. GAMING FACILITIES

a. Size. The Tribe agrees to construct or otherwise operate not less than 80,000 square feet of space dedicated to gaming in the Temporary Gaming Facility and may construct up to 500,000 square feet or more of Gaming Space at the Permanent Facility (“the Facility”);

b. Location. The exact location will be decided by a Request for Proposal (“RFP”) process to qualifying parcel(s) of land located within Bristol and/or Plymouth Counties and shall be subject to local approval.

 c.  Date of Completion. The Tribe agrees to use its best efforts to complete construction

of the Permanent Facility as quickly as possible upon approval of this Compact by the Secretary of the Interior and published in the Federal Register or (ii) the Approved Site(s) is accepted into trust by the federal government for the benefit of the Tribe, - whichever is later.

d. Temporary Facility. The Tribe agrees to erect, procure, lease, operate and conduct a Class III Gaming under the applicable terms and conditions hereof at a Temporary Facility (the "Temporary Facility") on land at a site which the Tribe owns in fee, which is subject to a restraint on alienation under 25 U.S.C. § 177, and over which the Tribe exercises governmental powers. It is understood that this facility will be on land that will subsequently be taken into trust by the United States for the Permanent Gaming Facility, and that by execution of this Compact, the Governor concurs in the decision by the Secretary of the Interior for the taking of the land in trust under 25 U.S.C. §­2719(b)(1)(A).  The Tribe or a wholly owned Entity of the Tribe shall at all times remain the exclusive owner of the Gaming Operation conducted at the Temporary Facility and shall be permitted to contract with third parties in connection with management, financing, supplies and other aspects of the Gaming Operation, subject to the terms of this Compact.

e. Compliance with State and Local Codes. The Temporary Facility, the Permanent Facility and all other Tribal buildings on the Approved Site(s) will meet or exceed all State and local laws, regulations and standards relating to building, fire, health, safety, and sanitation. Such facilities and buildings shall be subject to State and local inspection.

f. Cessation of Operations. The Temporary Facility shall cease operations no later than the date the Permanent Facility is open to the public.

6. THE AQUINNAH WAMPANOAG TRIBAL GAMING REGULATORY COMMISSION.

a. Assignment of Tribal Responsibilities. The Tribe will assign to the Tribal Commission the primary Tribal responsibility for the regulation of Class III Gaming consistent with the provisions of this Compact. The Tribe shall provide to the State a copy of the ordinance or Tribal council resolution establishing this Tribal Commission and granting it this power.

b. Authority. The Tribal Commission shall have full Tribal jurisdiction over Tribal regulation of Class III Gaming. The Tribal Commission shall have and perform duties and powers as prescribed by the Tribe consistent with the Act and this Compact. Said duties shall, at a minimum, include the following:

i. to license Class III Gaming Employees, Management Contractors and providers of Gaming Services consistent with the provisions of this Compact and after Board Certification of such Persons and Entities;

ii. to authorize and review audits; and,

iii. to exercise all Class III Gaming enforcement powers granted to the Tribe pursuant to this Compact or by Tribal or federal law.

c. Hours and Days for Gaming. The Tribe will establish the hours and days of operation of Gaming Facilities operated under this Compact. In the event there are changes in the days and hours of operation, the Tribal Commission will notify the Board no less than ninety (90) days in advance of those changes.

d. Members and Employees. The Tribe will have sole discretion to select the Tribal Commissioners and employees of the Tribal Commission. Tribal Commissioners and employees of the commission shall be subject to the licensing requirements for Key Gaming Employees set forth in Section 11 of this Compact.

e. Identification Badges. Tribal Commissioners and employees of the Tribal Commission shall, when at a Gaming Facility, wear on their outer garments color coded identification badges issued by the Tribal Commission.  This requirement shall not apply to a Tribal Commissioner or an employee of the Tribal Commission acting undercover within the scope of his or her authority, provided that said individual carries the badge on his or her person.

7. COMMONWEALTH OF MASSACHUSETTS GAMING REGULATORY  STATE BOARD OR AGENCY.

The State shall exercise its regulatory and oversight role under this Compact through  the State Board or Agency as the State may designate by written notice from the Governor to the Tribe. Any such State Board or Agency shall have those powers and duties delegated by the State.

8. QUARTERLY MEETINGS OF THE STATE BOARD AND THE COMMISSION.

To develop and foster a sound working relationship in the enforcement of the provisions of this Compact, representatives of the State Board or Agency, the State Law Enforcement Agency having law enforcement responsibility with respect to gaming under this Compact and the Tribal Commission shall meet not less than on a quarterly basis, unless otherwise agreed, to review past practices and examine methods that may improve the regulatory and enforcement program created by this Compact.

9. ENFORCEMENT OF COMPACT PROVISIONS.

a. Cooperation. The Tribal Commission and the State Board or Agency shall cooperate to ensure that the Gaming Facility is operated in compliance with the IGRA, the Tribal ordinance and regulations, and the provisions of this Compact and all applicable laws and regulations and is subject to controls fully adequate to provide for public safety and the physical security of patrons. In the spirit of such cooperation, the Tribal Commission and the State Board or Agency shall have joint authority to determine whether operations are conducted in compliance with the IGRA, the Tribal ordinance or regulations and the provisions of this Compact and other applicable laws and regulations.

b. Tribal Commission Supervision. The Tribal Commission shall have the Tribal responsibility for Tribal regulation and oversight of Tribal Class III Gaming Operations and shall, for that purpose, employ non-uniformed inspectors who shall be present in all Gaming Facilities during all hours of operation under the supervision of personnel accountable solely to the Tribal Commission and not to any management employees of the Tribal Gaming Operation. Such inspectors shall have unrestricted access to all areas of the Gaming Facilities at all times, and personnel employed by the Tribal Gaming Operation shall, for such purposes, provide such inspectors access to locked and secured areas of the Gaming Facilities. Such inspectors shall report to the Tribal Commission in writing regarding any failure by the Tribal Gaming Operation to comply with any of the provisions of this Compact or any law or regulation or policy of the Tribe, the Tribal Commission, the federal government, or the State Board or Agency made applicable by this Compact. Inspectors assigned by the Tribal Commission shall also receive consumer complaints within the Gaming Facilities, write reports of those complaints and assist in seeking their voluntary resolution. Copies of all such complaints shall be forwarded to the Tribal Commission.

Inspectors employed by the Tribal Commission for the purposes set forth in this Section shall be required to obtain Key Gaming Employee licenses as defined in Section 11 of this Compact and shall carry proper identification at all times.

The Tribal Commission will prepare a plan for the protection of public safety and physical security of patrons in each of its Gaming Facilities following consultation with the State Law Enforcement Agency. Such plan shall set forth the respective responsibilities of and be agreed upon by the Tribal Commission, the State Law Enforcement Agency, any Tribal Law Enforcement Agency in existence and the security departments of the Tribal Gaming Operation.

c. On-Site Regulation.  It shall be the responsibility of the Tribal Commission to conduct on-site gaming regulation and control in order to enforce the terms of this Compact, IGRA, and the Tribal ordinance and regulations with respect to the Tribal Gaming Operation and Facility compliance, and to protect the integrity of the Gaming Activities, the reputation of the Tribe and the Gaming Operation for honesty and fairness, and the confidence of patrons that tribal government gaming in Massachusetts meets the highest standards of regulation and internal controls.  To meet those responsibilities, the Tribal Commission shall adopt and enforce regulations, procedures, and practices as set forth herein.

d. Tribal Commission Investigation and Sanctions.  The Tribal Commission may investigate any report of a failure to comply with the provisions of this Compact, any applicable laws or any Tribal Commission regulations or policies and may require the Tribal Gaming Operation to correct such failure upon such terms and conditions as the Tribal Commission may determine necessary. All reports of a failure to comply with the provisions of this Compact or any applicable laws or Tribal Commission regulations or policies shall be reduced to writing, and a copy shall be forwarded to the Board along with a written report of the outcome of any investigation conducted by the Tribal Commission.

The Tribal Commission shall be empowered by Tribal ordinance to impose fines and other appropriate sanctions within the jurisdiction of the Tribe upon any Person or Entity who violates provisions of this Compact, Tribal law, Tribal Commission regulations or policies, or the Tribe's Standards of Operation and Management for Class III Gaming.

e.  Assistance by State Board or Agency.  The Tribe my request the assistance of the Board whenever it reasonably appears that such assistance may be necessary to carry out the purposes of Section 9.c. above, or otherwise to protect public health, safety, or welfare.  If requested by the Tribe or Tribal Commission, the Board shall provide requested services to ensure proper compliance with this Compact.  The Board shall be reimbursed for its actual and reasonable costs of that assistance, if the assistance required expenditure of extraordinary costs.

f. State Review Authority. Consistent with Section 9.a. above, the State Board or Agency shall have review authority to jointly determine whether Class III Gaming Operations of the Gaming Facility are conducted in compliance with the provisions of this Compact, and for that purpose:

i. Personnel employed by the State Board or Agency shall, upon presenting proper identification, have access to all public areas of the Gaming Facilities during normal Gaming Facilities’ business hours with or without prior notice for the purpose of such inspections provided that such Personnel employed by the State Board or Agency must pass a background check and must be licensed under a suitability standard no less stringent than employees of the Tribal Commission;

ii.  Only authorized Personnel employed by the State Board or Agency shall, upon presenting proper identification, have access to all non-public areas of the Gaming Facilities during normal Gaming Facilities’ business hours, immediately after the State Board or Agency’s authorized Personnel notifies the Tribal Commission of his or her presence on the premises and requests access to the non-public areas of the Gaming Facilities.  The Tribal Commission, in its sole discretion, may require a member of the Tribal Commission to accompany the State Board or Agency’s authorized Personnel at all times that the State Board or Agency’s authorized Personnel is in a non-public area of the Gaming Facilities.  If the Tribal Commission imposes such a requirement, it shall require such member to be available at all times for those purposes and shall ensure that the member has the ability to gain immediate access to all non-public areas of the Gaming Facilities.  Nothing in this Compact shall be construed to limit the State Board or Agency’s authorized Personnel to one inspector during inspections;

iii. The Tribal Gaming Operation shall provide the State Law Enforcement Agency, the State Board or Agency, and the State Board or Agency staff with access to reasonable office space for the purposes of their activities, provided that the Tribe shall be reimbursed for its actual and reasonable costs of providing reasonable office space for their activities, if such provision of office space required expenditure of extraordinary costs;

iv. Only State Board or Agency authorized Personnel employed by the State Board or Agency may, without prior notice, attend the regular count conducted by the Tribal Gaming Operation provided that a member of the Tribal Commission or its designee shall accompany such State Board or Agency authorized Personnel while attending such regular count;

v. Personnel employed by the State Board or Agency shall not interfere with the conduct of the Tribal Gaming Operation, except as may be required to perform regulatory, review and oversight functions;

vi. Auditors employed by the State Board or Agency shall have access during the Gaming Facilities’ business office hours, immediately after notice to the Tribal Commission, to inspect and copy all records, including computer log tapes, of the Tribal Gaming Operation, provided that the inspection and copying of those papers, books or records shall not interfere with the normal functioning of the Gaming Operation or Facility. Notwithstanding any other provision of Massachusetts law, all information and records that the State Board or Agency obtains, inspects, or copies pursuant to this Compact shall be, and remain, the sole property of the Tribe, provided that such records and copies may be retained by the State Board or Agency as reasonably necessary for completion of any investigation of the Tribe’s compliance with this Compact;

vii.  The State Board or Agency shall exercise utmost care in the preservation of the confidentiality of any and all information or records received by the Tribal Gaming Operation and any Tribal Commission records, which are retained by the State Board or Agency and its employees, and shall apply the highest standards of confidentiality expected under Massachusetts law, applicable federal law and the provisions of this Compact to preserve such information and documents from disclosure.  Any and all information or documents obtained or received pursuant to this Compact shall be deemed confidential and proprietary financial information belonging to the Tribe shall be protected from public disclosure by the State without the express written consent of the Tribe.  To the extent reasonably feasible, the State Board or Agency will consult with representatives of the Tribe prior to disclosure of any documents received from the Tribe, or any documents compiled from such documents or from information received from the Tribe, including any disclosure compelled by judicial process, and, in the case of any disclosure compelled by judicial process, will endeavor to give the Tribe immediate notice of the order compelling disclosure and a reasonable opportunity to interpose an objection thereto with the court.  Records received by the State Board or Agency from the Tribe in compliance with this Compact, or information compiled by the State Board or Agency from those records, shall be exempt from disclosure under any Massachusetts public records acts;

viii. The State Board or Agency may conduct such investigations and employ subpoena powers with which it may be vested under the laws of the State as it deems appropriate to investigate violations of this Compact. All security incidents and patron complaints reported by or to the Tribal gaming security department or to the Tribal Commission shall be reported on a daily basis to the Board;

ix. The Tribe shall cause its Gaming Operations to be subject to an annual audit by an independent certified public accountant in accordance with generally accepted accounting principles. The Tribe's selection of such an accountant for such audits shall comply with and meet the standards required by the Act and the National Indian Gaming Commission.

x. The State Board or Agency shall be provided with a copy of the audit findings of the independent auditor prior to issuance of the audit report and shall receive copies of the audit report, engagement letter, management's representation letter, lawyer's contingency letter and other workpapers as the State Board or Agency deems necessary; and

xi. Identification badges to be worn by State Board or Agency employees while at a Gaming Facility shall be issued by the Tribal Commission upon written request by the State Board or Agency and prominently appended to the approved location on the employee's outer garment. This requirement shall not apply to a duly authorized employee of the State Board or Agency acting undercover within the scope of his authority, provided that said employee carries his badge on his person. Such identification badges will be of a distinctive color code identifying its wearer as an employee of the State Board or Agency. Upon issuance of each badge, the name of its recipient, employment position and badge number shall immediately be forwarded to the State Board or Agency and the Tribal Gaming Operation.

xii.  The Tribal Commission and the State Board or Agency shall confer and agree upon protocols for release to other law enforcement agencies of information obtained during the course of background investigations.

g. Enforcement Authority of the State Board or Agency. If the State Board or Agency and the Tribal Commission, pursuant to Section 9.a. above, determines that the Tribal Gaming Operation is not in compliance with the provisions of this Compact, the State Board or Agency shall deliver a written notice of noncompliance to the Tribal Commission and the Tribal Gaming Operation that describes the nature of such noncompliance and the action required to remedy such noncompliance. In the event that the Tribal Gaming Operation fails to contest the allegation of noncompliance or undertake corrective action within fifteen (15) days after receipt of a valid notice from the State Board or Agency, the State Board or Agency may initiate the dispute resolution procedures provided for in this Compact or may exercise its rights in the United States District Court pursuant to 25 U.S.C. §2710(d)(7)(A)(ii).  In the event that the State Board or Agency determines that an emergency exists, the state Board may bring an action in the United States District Court immediately upon noncompliance with the provisions of the Compact. In addition to the remedies provided hereunder, the State may exercise its right to petition the National Indian Gaming Tribal Commission to impose penalties, which may include civil fines and temporary or permanent closure of Tribal Class III Gaming Facilities, for violation of the provisions of this Compact.

h. Enforcement Authority of the National Indian Gaming Tribal Commission. The Tribe shall enact a Tribal ordinance governing Class III Gaming activities on the Approved Site(s) and submit the same to the National Indian Gaming Tribal Commission for approval pursuant to 25 U.S.C. §2710(d)(2).  Said ordinance shall require enforcement of all of the provisions of this Compact.  In accordance with Section 14 of the Act, 25 U.S.C. § 2713, the National Indian Gaming Tribal Commission may enforce the provisions of the ordinances of the Tribe, the Compact and the Act governing the conduct of Class III Gaming activities on the Approved Site(s).

10. LAW ENFORCEMENT MATTERS.

            a. Jurisdiction of the State. Nothing in this Compact shall alter the jurisdiction of the State over the Tribal land on the island of Martha's Vineyard; including as set forth in P.L. 100-95, 25 U.S.C. §1771, and Mass. St. 1985, ch. 277.

b. State Criminal Jurisdiction. To the extent allowed by applicable law, the State's Law Enforcement Agency shall have full authority, with the advice and consent of the State’s Attorney General, to maintain public order and public safety on the Approved Site(s) to enforce the criminal laws of the State and to make arrests for violation of the laws of the State. Further, the State shall have jurisdiction to enforce all criminal laws of the Commonwealth which may prohibit any form of Class III Gaming on the Approved Site(s) against

any Person engaged in Class III Gaming on the Approved Site(s) that is not authorized by this Compact.

c. Powers of State Law Enforcement Officers. Notwithstanding any limitation imposed by applicable laws, the State law enforcement officers shall in the course of their official duties, excluding the regulation and enforcement of Gaming Operations within the jurisdiction of the Tribe and the regulation and enforcement of Gaming Operations encompassed in this Compact, be accorded access to any Gaming Facility, and personnel employed by the Tribal Gaming Operation shall, for such purposes, provide State law enforcement officers access to all parts of the Gaming Facility. The State Law Enforcement Agency may station a resident officer at the Gaming Facility to coordinate law enforcement and public safety with the Tribal Gaming security personnel and with the Tribal Law Enforcement Agency within the Gaming Facility.

d. Concurrent Authority of Tribal Law Enforcement Authority.  Law enforcement officers of the Tribe may exercise concurrent authority at the Approved Site(s) with that of law enforcement officers of the State to maintain public order and public safety and to enforce the applicable ordinances of the Tribe and to make arrests for violations of applicable criminal laws of the State; provided, that persons arrested by officers of the Tribal Law Enforcement Agency for violations of criminal laws of the State shall be transferred as promptly as may be feasible to the jurisdiction of State law enforcement officers and the Tribal Law Enforcement Agency shall comply with all reasonable requirements of State law enforcement officers and agencies in order to assist in the prosecution of such offenders.  Reciprocally, Tribal members and other Indians arrested by State Law Enforcement officers shall be turned over, along with necessary documentation and evidence, to Tribal Law Enforcement for prosecution in Tribal court.  Nothing in this Section shall prevent the State from prosecution of Tribal members and other Indians under applicable laws.

11. CERTIFICATION AND LICENSING OF GAMING EMPLOYEES.

a. Cooperation. Notwithstanding Section 9.a. above, the Tribe and the State agree that all Gaming activities conducted under this Compact shall, at a minimum, comply with a Tribal ordinance duly adopted by the Tribe and approved in accordance with IGRA, and with all rules, regulations, procedures, specifications, and standards duly adopted by the Tribal Commission, and the Tribe and the State intend that the licensing process provided for in this Compact shall involve joint cooperation between the Tribal Commission and the State Board or Agency, as more particularly described herein.

b. Classes of Gaming Employee Licenses. There shall be two classes of Gaming Employee licenses: a Key Gaming Employee License and a Standard Gaming Employee License.

c. Requirement of Key Gaming Employee License. No Person may commence or continue employment as a Key Gaming Employee unless he or she is the holder of a valid key Gaming Employee license issued by the Tribal Commission and has been certified by the State Board or Agency in accordance with the Key Gaming Employee provisions of this Section..

d. Requirement of Standard Gaming Employee License. No Person may commence or continue employment as a Standard Gaming Employee unless he or she is the holder of a valid Standard Gaming Employee license issued by the Tribal Commission and has been certified by the State Board or Agency in accordance with the Standard Gaming Employee provisions of this Section.

e.  Gaming Employee.  Every Gaming Employee shall obtain, and thereafter maintain current, a valid Tribal gaming license, which shall be subject to biennial renewal, provided that in accordance with Section 11.i. below, those persons may be employed on a temporary or conditional basis pending completion of the licensing process

i. Except as provided in (ii) and (iii) below, the Tribe will not employ or continue to employ any person whose application to the State Board or Agency for a determination of suitability or for a renewal of such a determination, has been denied or has expired without renewal, unless exempted under Section 11.__. below.

ii. Notwithstanding subsection (i) above, the Tribe may retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Board or Agency, if:

(1) the person holds a valid and current license issued by the Tribal Commission  that must be renewed at least biennially;

(2) the denial of the application by the State Board or Agency is based solely on activities, conduct, or associations that antedate the filing of the person’s initial application to the State Board or Agency for a determination of suitability;

(3) the person is not an employee or agent of any other gaming operation; and,

(4) the person has been in the continuous employ of the Tribe for at least three (3) years prior to the effective date of this Compact.

iii.  Notwithstanding subsection (ii) above, the Tribe may employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Board or Agency, if the person is an enrolled member of the Tribe as of the effective of this Compact, or when applicable, as defined in this subsection, and if:

(1) the person holds a valid and current license issued by the Tribal Commission  that must be renewed at least biennially;

(2) the denial of the application by the State Board or Agency is based solely on activities, conduct, or associations that antedate the filing of the person’s initial application to the State Board or Agency for a determination of suitability;

(3) the person is not an employee or agent of any other gaming operation.  For the purposes of this subsection, “enrolled member” means a person who is either:

a. certified by the Tribe as having been a member of the Tribe for at least five (5) years, or

b. a holder of confirmation of membership issued by the Bureau of Indian Affairs.

iv. Nothing herein shall be construed to relieve any person of the obligation to apply for a renewal of a determination of suitability as required under this Compact.

f.  Tribal Commission Background Investigation of Applicants.  The Tribal Commission shall conduct or cause to be conducted all necessary background investigations reasonably required to determine that the applicant is qualified for a gaming license under the standards set forth in Section 11.__. below, and to fulfill all requirements for licensing under IGRA, the Tribal ordinance and regulations, and this Compact.  The Tribal Commission shall not issue other than a temporary gaming license until a determination is made that those qualifications have been met.

g.  Any Persons connected with the Gaming Operation or Facility who are required to be licensed or to submit to a background investigation under IGRA, the Tribal ordinance and regulations, or under the provisions of this Compact, including, but not limited to, all Gaming Employees, and any other Person having a significant influence over the Gaming Operation must be licensed by the Tribal Commission.

h. Gaming License Issuance.  Upon completion of the necessary background investigation, the Tribal Commission may issue a license on a conditional or unconditional basis.  Nothing herein shall create a property or other right of an applicant in an opportunity to be licensed, or in a license itself, both of which shall be considered to be privileges granted to the applicant in the sole discretion of the Tribal Commission.

i.  Temporary Tribal Licensing.  Notwithstanding anything herein to the contrary, if the applicant has completed a license application in a manner satisfactory to the Tribal Commission, and the Tribal Commission has conducted a preliminary background investigation, and the investigation or other information held by the Tribal Commission does not indicate that the applicant has criminal history or other information in his or her background that would either automatically disqualify the applicant from obtaining a license or cause a reasonable person to investigate further before issuing a license, or is otherwise unsuitable for licensing, the Tribal Commission may issue a temporary license and may impose such specific conditions thereon pending completion of the applicant’s background investigation, as the Tribal Commission in its sole discretion shall determine.  Special fees may be required by the Tribal Commission to issue or maintain a temporary license.

j.  Term of Temporary Tribal License.  A temporary Tribal license shall remain in effect until suspended or revoked, or a final determination is made on the application.  At any time after the issuance of the temporary Tribal license, the Tribal Commission may suspend or revoke such license pursuant to this Section 11.__. below.  Nothing herein shall be construed to relieve the Tribe of any obligation under Part 558 of Title 25 of the Code of Federal Regulations.

k.  Tribal Suitability Standard Regarding Gaming Licenses.  In reviewing an application for a gaming license, and in addition to any standards set forth in the Tribal ordinance and regulations, the Tribal Commission shall consider whether issuance of the license is inimical to public health, safety, or welfare, and whether issuance of the license will undermine public trust that the Tribe’s Gaming Operations, or Tribal government gaming generally, are free from criminal and dishonest elements and would be conducted honestly.  A license may not be issued unless, based on all information and documents submitted, the Tribal Commission is satisfied that the applicant is all of the following, in addition to any other criteria in IGRA or the Tribal ordinance and regulations:

            i. a person of good character, honesty, and integrity;

            ii. a person whose prior activities, criminal record (if any), reputation, habits, and associations do not pose a threat to the public interest or to the effective regulation and control of gambling, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, or activities in the conduct of gambling, or in the carrying on of the business and financial arrangements incidental thereto;

            iii. a person who is in all other respects qualified to be licensed as provided in the Tribal ordinance and regulations, IGRA, and in this Compact.

An applicant shall not be found to be unsuitable solely on the ground that the applicant was an employee of a tribal gaming operation in Massachusetts that was conducted prior to the effective date of this Compact.

l. Procedures for Key Gaming Employee License Applications. Notwithstanding Section 11.__. above, each applicant for a Key Gaming Employee license shall submit a completed license application to the Tribal Commission on a form prescribed by the Tribal Commission.  Copies of the  application shall be forwarded to the State Board or Agency for a suitability determination by the State Board or Agency pursuant to Section 11.l. below. The forwarded application shall be accompanied by signed releases modeled after the release required of Class II Key Employees by 25 C.F.R. §556.2 and similar releases used by the State.  These releases shall authorize the Tribe, the Tribal Commission, the State, and federal government to investigate the applicant's background. The Key Gaming Employee license application shall contain, at a minimum, all required submissions, documentation and assurances required under IGRA, including 25 C.F.R. § 556.4, for licensing primary management officials and key employees, and such additional information as the Tribal Commission shall specify to assure a thorough disclosure of facts and circumstances relating to the applicant.

m.  Business Entities.  For applicants who are business entities, these licensing provisions shall apply to the entity as well as:

            i. each of its officers and directors;

            ii. each of its principal management employees, including any chief executive officer, chief financial officer, chief operating officer, and general manager;

            iii. each of its owners or partners, if an unincorporated business;

            iv. each of its shareholders who owns more than ten (10%) percent of the shares of the corporation, if a corporation; and

            v. each person or entity (other than a financial institution that the Tribal Commission has determined does not require a license under the preceding section) that, alone or in combination with others, has provided financing in connection with any gaming authorized under this Compact, if that person or entity provided more than 10 percent of:

(1)  the start-up capital;

(2)  the operating capital over a twelve (12) month period; or

(3)  a combination thereof.

For the purposes of this Section, where there is any commonality of the characteristics identified in clauses (i) and (v), inclusive, between any two or more entities, those entities may be deemed to be a single entity.  Nothing herein precludes the Tribe or Tribal Commission from requiring more stringent licensing requirements.

n. License Application Contents.  Each completed application shall include the applicant's fingerprint cards, current photographs, the signed releases described herein authorizing a background investigation and the fee, if any, set by the Tribal Commission. The Tribal Commission shall retain at least one copy of the license application, accompanied by a current photograph, one set of fingerprints and one original release. The Tribal Commission shall then, when applicable, forward one set of these documents to the National Indian Gaming Commission or such other federal agency as the Act may require and provide to the State Board or Agency a minimum of two copies of the license application and the remaining fingerprint cards, current photographs and releases pursuant to Section 11.__. below.

o. State Suitability Determination. Upon receipt of a completed license application and a determination by the Tribal Commission that it intends to issue the earlier of a temporary or permanent Key Gaming Employee license, the Tribal Commission shall transmit to the State Board or Agency a notice of intent to license the applicant, together with all of the following:

i. a copy of all Tribal license application materials and information received by the Tribal Commission from the applicant;

            ii. an original set of fingerprint cards;

            iii. a current photograph; and

            iv. except to the extent waived by the State Board or Agency, such releases of information, waivers, and other completed and executed forms as have been obtained by the Tribal Commission.  Except for an applicant for licensing as a non-Key Gaming Employee, as defined by agreements between the Tribal Commission and the State Board or Agency, the Tribal Commission shall require the applicant also to file an application with the State Board or Agency, prior to issuance of a temporary or permanent tribal gaming license, for a determination of suitability for licensure under the gaming laws of Massachusetts.

Investigation and disposition of the application(s) for the suitability determination by the State Board or Agency shall be governed entirely by state law, and the State Board or Agency shall determine whether the applicant would be found suitable for licensure in a gambling establishment subject to that State Board or Agency’s jurisdiction.  Additional information may be required by the State Board or Agency to assist it in its background investigation, provided that such State Board or Agency requirement shall be no greater than that which may be required of applicants for a State gaming license in connection with non-tribal gaming activities and at a similar level of participation or employment.

A determination of suitability is valid for the term of the Tribal license held by the applicant, and the Tribal Commission shall require a licensee to apply for renewal of a determination of suitability at such time as the licensee applies for renewal of a Tribal Gaming License.  The State Board or Agency and the Tribal Commission shall cooperate in developing standard licensing forms for Tribal Gaming License applicants, on a Statewide basis, that reduce or eliminate duplicative or excessive paperwork, which forms and procedures shall take into account the Tribe’s requirements under IGRA and the expense thereof.

p.  State Board or Agency Background Investigation of Key Gaming Employee License Applicants. The State Board or Agency shall conduct its own background investigation of the applicant in order to determine such applicant’s suitability pursuant to Section 11.__. above. Said background investigation shall, at a minimum, encompass a verification of the information contained in the application and a thorough criminal records check. Such criminal records check shall be undertaken only by the State Law Enforcement Agency. The State Board or Agency shall report in writing the results, whether suitable or unsuitable and the reasons, of its background investigation, providing a copy thereof to the Tribal Commission. The State Board or Agency shall maintain the results of its investigation and the applicant's fingerprint records until five (5) years after such time as the State Board or Agency is notified that such Person is no longer employed in a position requiring licensing at the Gaming Facility. The Tribe shall notify the State Board or Agency immediately following the termination or transfer of such an employee.

q. Procedures for Standard Gaming Employee License Applications. Each applicant for a Standard Gaming Employee license shall submit a completed license application to the Tribal Commission on a form prescribed by the Tribal Commission.  Copies of said application shall be forwarded to the State Board or Agency for a suitability determination by the State Board or Agency pursuant to Section 11.__. above.  The forwarded application shall be accompanied by signed releases modeled after the release required of Class II Key Employees by 25 C.F.R.§ 556.2 and similar releases used by the State. These releases shall authorize the Tribe, the Tribal Commission, the State, and the federal government to investigate the applicant's background. The Standard Gaming Employee license application shall contain, at a minimum, the applicant's full name, all other names used, social security number, date of birth, place of birth, citizenship, gender, current and previous employment for the past five (5) years, current and previous addresses for the past five (5) years and a list of any gaming licenses from any jurisdiction held or applied for. Each completed application shall contain the applicant's fingerprint cards, current photographs, the signed releases described herein authorizing a background investigation and the appropriate fee, if any, set by the Tribal Commission.  The Tribal Commission shall retain at least one copy of the license application, accompanied by a current photograph, one set of fingerprints and one original release. The Tribal Commission shall then, where applicable, forward one set of these documents to the National Indian Gaming Tribal Commission or such other federal agency as the Act may require and provide to the State Board or Agency a minimum of two copies of the license application, and the remaining fingerprint cards, current photographs and releases. The Tribal Commission shall promptly forward to the State Board or Agency copies of any background investigation reports it receives from the federal government.

r. Background Investigation of Standard Gaming Employee License Applicants. The State Board or Agency shall conduct a background investigation of the applicant. Said background investigation shall, at a minimum, encompass a fingerprint-based search of the applicant's criminal history. Such criminal record check shall be undertaken only by the State Law Enforcement Agency. The State Board or Agency shall also, where applicable, contact all jurisdictions where the applicant has held or applied for a gaming license. The State Board or Agency shall report in writing the results of its background investigation, providing a copy thereof to the Tribal Commission. The State Board or Agency shall maintain the results of its investigation and the applicant's fingerprint records until five (5) years after such time as the State Board or Agency is notified that such Person is no longer employed in a position requiring licensing at the Gaming Facility.  The Tribe shall notify the State Board or Agency immediately following the termination or transfer of such an employee.

s. Tribal License Fees. The license fees for the Tribal Key and Standard Gaming Employee Licenses shall be determined solely by the Tribal Commission.

t. Notice of Approved License Application.  Upon approval of a Tribal license application, the Tribal Commission shall send appropriate notification to the applicant, the Tribal Gaming Operation and the State Board or Agency. The notice shall include the name of the licensee and the license number.

u. Term of Tribal Licenses. Any Key or Standard Gaming Employee License issued by the Tribal Commission shall be effective for not more than two (2) years, unless otherwise agreed to by the Tribal Commission and the State Board or Agency under this Compact, provided that a licensed Gaming Employee who has timely and properly applied for a renewal may continue to be employed under the expired license until such time as final action is taken on the renewal application by both the Tribal Commission and the State Board or Agency, except where the Tribal Commission may otherwise require.

v. Renewal Tribal Gaming License and State Certification. An applicant for a Key or Standard Gaming Employee license renewal shall submit a renewal application to the Tribal Commission on forms prescribed by the Tribal Commission prior to its expiration. The forms shall not require the applicant to furnish historical data previously submitted.  At the discretion of the Tribal Commission, an additional background investigation may be required at the time of submitting the renewal application if the Tribal Commission determines the need for further information concerning the applicant’s continuing suitability or eligibility for a license.  The Tribal Commission shall retain at least one copy and forward such copies to the State Board or Agency as may be required under this Compact. The State Board or Agency shall update the applicant's address and criminal history check, and the State Board or Agency shall notify the Tribal Commission in writing of its determination of suitability of the renewal applicant. The Tribal Commission may renew the license of any employee who is determined suitable by the Tribal Commission pursuant to Section 11.__. above, and is also determined suitable by the the State Board or Agency. The Tribal Commission shall notify the State Board or Agency of its grant of any license renewal application.

w.  Suspension of Tribal License.  The Tribal Commission may summarily suspend the license of any Key or Standard Gaming Employee if the Tribe Commission determines that the continued licensing of the person or entity could constitute a thereat to the public health or safety or may violate the Tribal Commission’s licensing or other standards.  Any right to notice or hearing in regard to suspension of the Tribal license shall be governed by Tribal law or Tribal ordinance and regulations.

x. Denial or Revocation of License by the Tribal Commission. Any application for a gaming license may be denied, and any license issued may be revoked by the Tribal Commission, if the Tribal Commission determines that the application is incomplete or deficient, or if the applicant is determined to be unsuitable or otherwise unqualified for a gaming license.  Pending consideration of revocation, the Tribal Commission may suspend a license in accordance with Section 11.__. above.  All rights to notice and hearing shall be governed by Trial law or ordinance and regulations, as to which the applicant will be notified in writing along with notice of an intent to suspend or revoke the license.

y.  Notice of License Application Denial or License Revocation.  Upon denial of an initial license application or renewal of a license, or revocation of a license, the Tribal Commission shall notify the applicant or licensee, the State Board or Agency and the Tribal Gaming Operation in writing. The notices to the applicant or licensee, the State Board or Agency and the Tribal Gaming Operation shall set forth a brief summary of the reason(s) for the denial or revocation. The Tribal Commission shall suspend, revoke, or deny renewal of a licensee upon loss of State Board or Agency Certification pursuant to Section 11.__. above. The Tribal Commission shall immediately notify the State Board or Agency of every denial, suspension or revocation of a license.

z. Display of License. The Key or Standard Gaming Employee license issued by the Tribal Commission shall be carried on the person of the licensee in a manner prescribed by the Tribal Commission at all times while at a Gaming Facility. The license shall be surrendered to the Tribal Commission upon license suspension or revocation or upon termination of employment.

aa. Identification Badges. The Tribal Commission shall establish standards and procedures for the issuance and wearing of serially numbered identification badges by all Key or Standard Gaming Employees. No person shall have access to any restricted area in a Gaming Facility without having an authorized and valid identification badge issued by the Tribal Commission prominently appended to the approved location on the employee's outer garment. The Tribal Commission shall code the design, color(s), wording and lettering of the identification badge in accordance with the job title of the employee.  The identification badge shall also include a photograph of the licensee and the expiration date of the gaming license on the identification badge in order that the Tribal Commission may readily identify the person and determine the validity and date of expiration of his or her license.  Such identification badge shall remain the property of the Tribal Commission and must be surrendered by the Gaming Employee upon demand by an authorized Tribal Commission representative and in all cases where an employee has been suspended or discharged or has terminated his or her employment. Upon issuance of the badge, the name of each recipient, his or her employment position and the code assigned to his or her badge shall be forwarded to the State Board or Agency.

12. LICENSING OF GAMING RESOURCE SUPPLIERS.

a. Gaming Resource Supplier.  Any Gaming Resource Supplier who, directly or indirectly, provides, has provided, or is deemed likely to provide at least twenty-five thousand dollars ($25,000.00) in Gaming Resources in any twelve (12) month period, or has received at least twenty-five thousand dollars ($25,000.00) in any consecutive twelve (12) month period within the twenty-four (24) month period immediately preceding application, shall be licensed by the Tribal Commission prior to the sale, lease, or distribution, or further sale, lease, or distribution, of any such Gaming Resources to or in connection with the Tribe’s Gaming Operation or Gaming Facility.  These licenses shall be reviewed at lest every two (2) years for continuing compliance.  In connection with such a review, the Tribal Commission shall require the Gaming Resource Supplier to update all information provided in the previous application.  For the purposes of a renewal application, such a review by the Tribal Commission shall constitute an application for renewal.

The Tribe shall not enter into, or continue to make payments pursuant to, any contract or agreement for the provision of Gaming Resources with any person whose application to the State Board or Agency for a determination of suitability has been denied or has expired without renewal.  Any agreement between the Tribe and a Gaming Resource Supplier shall be deemed to include a provision for its termination without further liability on the part of the Tribe, except for the bona fide repayment of all outstanding sums (exclusive of interest) owed as of, or payment for services or materials received up to, the date of termination, upon revocation or non-renewal of the Gaming Resource Supplier’s license by the Tribal Commission based on a determination of unsuitability by the State Board or Agency.

13. APPROVAL OF MANAGEMENT CONTRACTS.

As provided in 25 U.S.C.§ 2710(d)(9), the Chairman of the National Indian Gaming Commission is required to review and approve any Management Contract for management of the Tribal Gaming Operations conducted pursuant to a Tribal-State Compact in accordance with the provisions of subsections (b), (c), (d), (f), (g) and (h) of 25 U.S.C.§ 2711. The Tribe shall not enter into any Management Contract for the management of the Tribal Gaming Operations on the Approved Site(s) without the approval of the Chairman of the National Indian Gaming Commission in accordance with the terms of the Act. The Tribe shall provide the Board with notice and a copy of any Management Contract submitted to the National Indian Gaming Commission in accordance with this Section as well as a copy of all supporting materials. The Tribe agrees that the State should be deemed to have standing to conduct its own investigation of the proposed Management Contractor and submit its views regarding approval of such contract to the National Indian Gaming Commission. No Management Contractor shall commence management of the Gaming Facility until all of its Principals and Key Employees have been licensed pursuant to the Key Gaming Employee provisions of this Compact, and the Tribe's proposed Management Contractor is issued a Tribal gaming license under the provisions of this Compact.

14. REGULATIONS FOR GAMING OPERATION AND MANAGEMENT FOR GAMES OF CHANCE.

a. Adoption of Regulations for Gaming Operation and Management; Minimum Standards. In order to meet the goals set forth in this Compact and required by the Tribe by law, the Tribal Commission, after consulting with and without objection by the State Board or Agency, shall adopt regulations or specifications governing the operation and management of all Class III Gaming Operations. Such standards shall protect the public interest and the integrity of Gaming Operations and reduce the dangers of unsuitable, unfair or illegal practices, methods or activities in the conduct of gaming. The initial regulations or specifications governing the  Gaming Operation and management shall, at a minimum, include  the following:

i.  The enforcement of all relevant laws and rules with respect to the Gaming Operation and Facility, and the power to conduct investigations and hearings with respect thereto, and to any other subject within its jurisdiction;

ii.  Ensuring the physical safety of Gaming Operation patrons and employees, and any other person while in the Gaming Facility.  Nothing herein shall be construed to make applicable to the Tribe any state laws, regulations, or standards governing the use of tobacco.

iii.  The physical safeguarding of assets transported to, within, and from the Gaming Facility;

iv.  The prevention of illegal activity from occurring within the Gaming Facility or with regard to the Gaming Operation including, but not limited to, the maintenance of employee procedures and a surveillance system as provided below;

v.  The recording of any and all occurrences within the Gaming Facility that deviate from normal operating policies and procedures (hereafter “incidents”).  The procedure for recording incidents shall:

(1) specify that security personnel record all incidents, regardless of any employee’s determination that the incident may be immaterial (all incidents shall be identified in writing);

(2) require the assignment of a sequential number to each report;

(3) provide for permanent reporting in indelible ink in a bound notebook from which pages cannot be removed and in which entries are made on each side of each page; and

(4) require that each report include, at a minimum, all of the following:

(a)  The record number.

(b)  The date.

(c)  The time.

(d)  The location of the incident.

(e)  A detailed description of the incident.

(f)   The persons involved in the incident.

(g)  The security department employee assigned to the incident.

vi.  The establishment of employee procedures designed to permit detection of any irregularities, theft, cheating, fraud, or the like, consistent with industry practice;

vii.  Maintenance of a list of persons barred from the Gaming Facility who, because of their past behavior, criminal history, or association with persons or organizations, pose a threat to the integrity of the Gaming Activities of the Tribe or to the integrity of regulated gaming within the State;

viii. The conduct of an audit of the Gaming Operation, not less than annually, by an independent certified public accountant, in accordance with the auditing and accounting standards for audits of casinos of the American Institute of Certified Public Accountants;

ix.  Submission to, and prior approval, from the Tribal Commission and the State Board or Agency of the rules and regulations of each Class III game to be operated by the Tribe, and of any changes in those rules and regulations.  No Class III game may be played that has not received Tribal Commission and State Board or Agency approval;

x.  Addressing all of the following:

(1) Maintenance of a copy of the rules, regulations, and procedures for each game as played, including, but not limited to, the method of play and the odds and method of determining amounts paid  to winners.

(2) Specifications and standards to ensure that information regarding the method of play, odds, and payoff determinations shall be visibly displayed or available to patrons in written form in the Gaming Facility.

(3) Specifications ensuring that betting limits applicable to any gaming station shall be displayed at the gaming station.

(4) Procedures ensuring that in the event of a patron dispute over the application of any gaming rule or regulation, the matter shall be handled in accordance with, industry practice and principles of fairness, pursuant to the Tribe’s ordinance and any rules and regulations promulgated by the Tribal Commission and the State Board or Agency;

xi.  Maintenance of a closed-circuit television surveillance system consistent with industry standards for gaming facilities of the type and scale operated by the Tribe, which system shall be approved by, and may not be modified without approval of, the Tribal Commission.  The Tribal Commission shall have current copies of the Gaming Facility floor plan and closed-circuit television system at all times, and any modifications thereof first shall be approved by the Tribal Commission and the State Board or Agency;

xii.  Maintenance of a cashier’s cage in accordance with industry standards for such facilities;

xiii.  Specification of minimum staff and supervisory requirements for each Gaming Activity to be conducted;

xiv.  Technical standards and specifications for the operation of Gaming Devices and other games authorized herein to be conducted by the Tribe, which technical specifications may be no less stringent than those approved by a recognized gaming testing laboratory in the gaming industry.

State Board or Agency

b. Revisions of Regulations or Specifications for the Gaming Operation and Management.  The Tribal Commission shall notify the State Board or Agency of any desired revisions of the regulations or specifications for the Gaming Operation and management and request State Board or Agency approval thereof.  The State Board or Agency shall approve the revised regulations or specifications upon request by the Tribal Commission unless it finds they would have a material adverse impact on the public interest in the integrity of the Gaming Operations and disapprove only such portions of any proposed revised regulations or specifications that are determined to have a material adverse impact on such public interest, setting forth with specificity the reason(s) for such disapproval. Any disapproval of revised regulations or specifications by the State Board or Agency may be subject to the dispute resolution provisions of this Compact, if all parties consent to such dispute resolution.

c. Technical Standard for Electronic Gaming Devices.  Notwithstanding any other provision of this Compact, no Electronic Gaming Device will be operated by the Tribe until the   Tribal Commission and the State Board or Agency, or an independent testing laboratory approved by the Tribal Commission and the State Board or Agency has tested that device, and has submitted a written statement to the State Board or Agency and the Tribal Commission certifying that the device meets such technical standards as the Tribal Commission and the State Board or Agency specifies. Receipt of such written statement shall constitute Tribal Commission and State Board or Agency approval to ship the machine to the Tribal Gaming Facility.

d.  Class III Regulations Uniformity.  In order to foster statewide uniformity of regulation of Class III Gaming Operations throughout the State, rules, regulations, standards, specifications, and procedures of the Tribal Commission in respect to any matter encompassed by this Compact shall be consistent with regulations adopted by the State Board or Agency in accordance with Section 9.a. above.

15. MISCELLANEOUS PROHIBITIONS.

a. Prohibition on Possession of Firearms. No person shall be permitted to bear firearms of any kind within a Tribal Gaming Facility unless he or she is a member of a State, Tribal or federal law enforcement agency authorized to be on the premises in an official capacity. The Tribal Gaming Operation shall take all necessary measures to inform the public of this prohibition.

b. Persons Barred From Facilities. The Tribal Commission shall share with the State Board or Agency a list, as identified in 16.a.vii. above, of persons barred from Tribal Gaming Facilities because their criminal histories, associations with career offenders, or actions pose a threat to the integrity of the Gaming Operation or enhance the dangers of unsuitable, unfair or illegal gaming activities or pose a threat to the safety of the Tribe's patrons or employees. The Tribal Commission shall exclude persons on such list from entry into Tribal Gaming Facilities. The Tribal Commission shall also exclude persons engaging in disorderly conduct or other conduct jeopardizing public safety from the Gaming Facility.

c. Prohibition on Attendance of Minors. No person under the age of twenty-one (21) shall be admitted into Tribal Gaming Facilities, nor be permitted to place any wager, directly or indirectly; provided that notwithstanding any other provision of this Compact, a person under the age of twenty-one (21) may be employed on the Approved Site(s) if the employment is outside the Gaming Space. The Tribe shall use its best efforts to prevent minors from being admitted to the Gaming Space.

 16. MISCELLANEOUS PROVISIONS.

a. Authorized Forms of Payment. All payment for wagers on games conducted by the Tribe on the Approved Site(s) or at the Temporary Facility, including the purchase of chips, plaques or tokens for use in wagering, shall be made by cash, cash equivalent, check or credit card. Credit may only be extended if the procedures meet the requirements contained in the Standards of Operation and Management referenced in this Compact.

b. Sale of Liquor. The Tribe shall enact a tribal liquor ordinance, identical to State laws relating to the sale and regulation of alcoholic beverages as set out in Chapter 138 of the General Laws and Title 204 of the Massachusetts Code of Regulations. The Tribe agrees to collect and pay to the State all applicable State liquor sales taxes on liquor which is sold to non-Indians. Notwithstanding any law or regulation to the contrary, the Tribal Gaming Operation shall be authorized and licensed to purchase, at wholesale, alcoholic beverages for sale to the public on the Approved Site(s).

c. Compliance with Reporting Requirements. The Tribe shall comply with all applicable reporting and withholding requirements of the Internal Revenue Service and the Massachusetts Department of Revenue relating to all forms of Class III wagering conducted by the Tribe, shall maintain accurate records of all such reports and returns and shall implement policies and procedures adequate to assure compliance with such obligations in the Gaming Facility.

d. Organization of Tribal Operations. The Tribal Gaming Operation and the Tribal Commission shall disclose to the State Board or Agency its programs of instructional and on-the-job training and its system of internal organization for its Class III Gaming Operations, including a compendium of all supervisory and management positions involved in the operation of its Gaming Facilities, all supervisory and management positions involved in each type of authorized gaming activity conducted pursuant to the provisions of this Compact and all persons designated to occupy each of those positions on a full or part-time basis. The Tribal Gaming Operation shall promptly notify State Board or Agency of any change in such training programs, in such system of internal organization or in the persons designated for any supervisory or management position.  The Tribal Commission shall ensure that any person designated to occupy a supervisory or management position or members of the Tribal Law Enforcement Agency in the Gaming Facility is properly trained and qualified for such position.

17. TORT REMEDIES FOR PATRONS.

The Tribe agrees to require the Tribal Gaming Operation to maintain a general liability insurance policy with limits of not less than ten million dollars ($10,000,000) per occurrence and

five million dollars ($5,000,000) per person to compensate injured patrons of its Class III Gaming Facilities. The Tribe shall, after consultation with the Board, establish procedures for the adjudication and compensation for tort and other claims by patrons of its Gaming Facilities.  These procedures shall be posted at public places throughout the Temporary and Permanent Facilities, and shall be set out as an Appendix to this Compact.  It is understood that the Tribe's agreement to this provision is not intended to and does not constitute a waiver of its sovereign immunity from suit with respect to any such claim, and the Tribe's failure to pay any such claim, in whole or in part, shall not constitute a breach of this Compact nor be grounds for dispute resolution between the Tribe and the State under this Compact. This Section does not preclude an injured party from pursuing any other remedy available under applicable law.

18. TRIBAL CONSTRUCTION OF OTHER FACILITIES ON THE SITE.

a. Entertainment Area. The Tribe will construct an entertainment component on the Approved Site(s). The Tribe currently anticipates that the facility will contain a wide variety of entertainment features.

b. Hotel. The Tribe anticipates that, within eighteen (18) months of occupancy of the Permanent Gaming Facility, it will commence construction of a hotel on the Approved Site(s).

19. TRIBAL PAYMENT OF CERTAIN STATE TAXES.

a. Hotel Taxes. The Tribe agrees to collect and pay to the State or its appropriate subdivision(s) all applicable State and local hotel, sales, excise and occupancy taxes stemming from transactions with non-Indian patrons, but said hotel facility shall remain exempt from any State or local real property tax so long as it is located on Tribal land.

b. Certain Sales and Excise Taxes. The Tribe, when selling alcoholic beverages, cigarettes and other goods and commodities on the Approved Site(s), agrees to collect and pay to the State or its appropriate subdivision(s) all applicable State and local taxes stemming from sales to non-Indians.

c. State and Federal Income Taxes. The Tribe agrees to withhold and pay all applicable State and federal income taxes for employees of all Tribal businesses located on the Approved Site(s) as required by federal law.

d. Unemployment Taxes. The Tribe agrees to withhold and pay all applicable State unemployment taxes for non-Indian employees of all Tribal businesses located on the Approved Site(s).

e. Costs of state tax collection. The Tribe shall retain one percent of all state and local taxes collected by it for remittance to the state in order to defray the costs of collecting, reporting and remitting these state and local taxes.

20. PREFERENCE IN EMPLOYMENT.

To the extent allowed by applicable law, the Tribe agrees that preference in employment at the Gaming Facility and other businesses on the Approved Site(s) shall be given first to members of the Tribe, second to other members of federally recognized Tribes, third to other Native Americans in and within the Commonwealth of Massachusetts; and fourth, to residents of Bristol and Plymouth Counties, Massachusetts, provided however, that all such persons are qualified or can be trained for the positions available.

21. LABOR RELATIONS.

The Tribe agrees that the provisions of the National Labor Relations Act, 29 U.S.C. 151 et seq., shall apply to all businesses and employees operating on the Approved Site(s).

22. TRIBAL FUNDING OF COMPULSIVE GAMBLING AWARENESS, EDUCATION AND REHABILITATION PROGRAMS.

The Tribe shall cooperate with the Board to support and fund an education, awareness and treatment program for compulsive gamblers and shall be subject to the regulations of the Board in implementing such a program.

23. TRIBAL PAYMENT FOR FACILITY RELATED COSTS.

The Tribe agrees to incur or pay to the State for actual costs of roadway and infrastructure improvements necessary at the Approved Site(s) as a result of the establishment and operation of the Gaming Facility. In the event that the State and/or the Host Community is eligible for and receives federal reimbursement in connection with such improvements, the Tribe shall be reimbursed any and all of the reimbursement received.

24. DISPUTE RESOLUTION.

a. General Terms. In recognition of the government-to-government relationship of the Tribe and the State, the Tribe and the State shall make their best efforts to resolve disputes that occur under this Gaming Compact by good faith negotiations whenever possible.  All disputes concerning compliance with and interpretation of any provisions of the Compact may be resolved by first, informally meeting and conferring, second, formally meeting and conferring as described herein, and third, if necessary, by arbitration in accordance with the procedures set forth below, provided both parties consent to such alternative dispute resolution.

The State's and the Tribe's rights to bring an action pursuant to the Act or any other provision of federal law are hereby preserved. The Tribe's option to seek a judicial determination of whether activities in dispute are, or must be, permitted pursuant to this Compact is also preserved.  Therefore, without prejudice to the right of either the Tribe or the State to seek injunctive relief against the other when circumstances are deemed to require immediate relief, the Tribe and the State hereby establish a threshold requirement that disputes between the Tribe and the State first be subjected to a process of informally and formally meeting and conferring in good faith in order to foster a spirit of cooperation and efficiency in the administration of this Compact.

b. Meet and Confer.  The Tribe and the State shall first meet and confer informally pursuant to the following:

i.  Either the Tribe or the State shall give the other, as soon as possible after the event giving rise to the concern, a written notice setting forth, with specificity, the issues to be resolved;

ii.  The Tribe and the State shall meet and confer in a good faith attempt to resolve the dispute through negotiation not later than ten (10) days after receipt of the notice, unless both parties agree in writing to an extension of time;

iii.  If the dispute is not resolved to the satisfaction of the Tribe and the State within thirty (30) days after the first meeting, then either party may seek to have the dispute resolved by arbitration in accordance with this section, but neither the Tribe nor the State shall be required to agree to submit to arbitration;

iv.  Disagreements that are not otherwise resolved by arbitration or other mutually acceptable means as provided in 9( ) may be resolved in the United States District Court where the Tribe’s Gaming Facility is located, or is to be located, and the (  ) Circuit Court of Appeals (or, if those federal courts lack jurisdiction, in any state court of competent jurisdiction and its related courts of appeal).  The disputes to be submitted to court action include, but are not limited to, claims of breach or violation of this Compact, or failure to negotiate in good faith as required by the terms of this Compact.  In no event may the Tribe be precluded from pursuing any arbitration or judicial remedy against the State on the grounds that the Tribe has failed to exhaust its state administrative remedies.  The parties agree that, except in the case of imminent threat to the pubic health or safety, reasonable efforts will be made to explore alternative dispute resolution avenues prior to resort to judicial process.

c. Notice. The party seeking arbitration shall serve upon the other a written notice of demand to arbitrate.  Such notice shall be served no later than thirty (30) days after non-resolution through meet and confer or dissatisfaction with the decision under the meet and confer process, and such notice shall specify with particularity the nature of the dispute, the particular provision of this Compact or its Appendix at issue and the proposed relief sought by the party demanding the arbitration.

d. Procedures for Arbitration. If the parties elect to have the dispute determined by arbitration, such arbitration shall be conducted pursuant to the Rules of the American Arbitration Association, and shall be held on the Tribe’s land or, if unreasonably inconvenient under the circumstances, at such other location as the parties may agree. The parties shall propose a mutually agreed upon arbitrator to resolve any given dispute. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and those two arbitrators shall select a third arbitrator. The arbitrator(s) shall be selected within thirty-five (35) days of the notice set forth in subsection c of this Section.

e. Arbitration Costs. Each party shall bear its own costs, attorney’s fees, and one-half the costs and expenses of the American Arbitration Association and the arbitrator, unless the decision of the arbitrator(s) shall specify otherwise. All arbitration proceedings shall be conducted to expedite resolution of the dispute and minimize the costs to the participants.

f. Remedies. The arbitrator(s) may impose any relief available in law or equity which is warranted under the circumstances, other than money damages.

g. Arbitration Decision. Failure to comply with the judgment and award of the arbitration within the time specified therein for compliance shall be deemed a breach of this Compact, and the prevailing party may bring an action in a Court of competent jurisdiction to enforce the judgment and award.

h.  No Waiver or Preclusion of Other Means of Dispute Resolution.  This Section may not be construed to waive, limit, or restrict any remedy that is otherwise available to either party, nor may this Section be construed to preclude, limit, or restrict the ability of the parties to pursue, by mutual agreement, any other method of dispute resolution, including, but not limited to, mediation or utilization of a technical advisor to the Tribal Commission or State Board or Agency; provided that neither party is under any obligation to agree to such alternative method of dispute resolution.

i. Preservation of Remedies. The option to pursue arbitration pursuant to this section is in addition to any other remedies that may be available to the parties under applicable law.

j. Judicial Enforcement. The United States District Court shall have jurisdiction over any cause of action relative to the interpretation or enforcement of this Compact, insofar as it relates to an underlying question of federal law. The Tribe and the State hereby waive any defense which they may have by virtue of their sovereign immunity from suit with respect to any such action in the United States District Court only for the limited purposes of interpreting and enforcing the provisions of this Compact or to enforce a decision of an arbitrator under this Section.

25. GRANT OF EXCLUSIVITY.

a. In recognition of unique circumstances, the Tribe has requested that its Class III gaming facility not be located on the Island of Martha’s Vineyard, an ecologically and environmentally sensitive area within the Commonwealth, which would be adversely affected by the operation of a gaming facility on the Tribe’s reservation, and the Commonwealth has agreed to waive any objections to the application of 25 U.S.C. § 2719(b)(1)(B) and to locate the gaming facility at a site not contiguous to the Tribe’s reservation.

b. Settlement of Controversies and Grant of Exclusivity.  In full settlement and satisfaction of outstanding controversies between the parties hereto and in consideration of the mutual agreements set forth herein, the parties have agreed on exclusivity set forth in this Section in return for voluntary contributions to the State described in subsection (e). The Tribe agrees that so long as no other Gaming Facility offering Casino Gaming or Electronic Gaming Devices is authorized by State law except as provided in this Compact, and no other person operates such a Facility, the Tribe will make the contributions set forth in subsection (e) of this Section.

c. Absolute Exclusivity. The Tribe and the State agree that the Tribe has absolute exclusivity as follows:

i. In Massachusetts, the Tribe has the only unlimited right to operate Electronic Gaming Devices and the sole and exclusive right to operate Class III games including Slot Machines without regard to numerical restrictions; within the exterior boundaries of the Commonwealth of Massachusetts.  It is expressly understood that Section C shall not be deemed to cover, and shall be deemed to exclude: a) games currently offered by the Massachusetts State Lottery, and any future games developed by the Massachusetts State Lottery in accordance with General Laws Chapter 10, section 24; and b) any gaming carried out pursuant to the provisions of General Laws Chapter 271, 7A.

d. Amount of Contribution. The Tribe has determined, after consultation with duly qualified and informed consultants, professionals, and gaming and business experts, that this Compact confers upon the Tribe substantial and significant economic advantage and benefit consistent with the goals of IGRA, and therefore, the Tribe voluntarily agrees that the Tribal contribution shall be annually the sum of 25 % of all slot machine Net Revenues.

e. Revenue Sharing. The use of the contributions of the Tribe shall include the following purposes:

i. to help fund operations of local governmental agencies of the State and its political subdivisions;

ii. to provide revenue to the State to cover the costs of licensing and regulation of gaming within the Commonwealth of Massachusetts;

iii. to provide revenue to the State to cover the costs of impacts resulting from gaming; and

iv. for any other use not specifically set forth above which is in compliance with law.

f. Length of Exclusivity. The exclusivity described in subsection (b) of this Section shall have a duration of ten years from the earlier of the date the Tribe opens the Temporary or the Permanent Gaming Facility to the public; provided, however, that such ten year period shall commence to run no later than six (6) months after a Management Contractor has been approved by the Bureau of Indian Affairs and the National Indian Gaming Tribal Commission. In the event the Tribe loses such exclusivity within such ten year period, the Tribe agrees to pay for the actual costs of regulation, licensing, and Compact oversight of the Tribe's Gaming Facility. If the Tribe loses the exclusivity described in subsection (b) of this Section after completion of the ten year period described in this sentence, the Tribe agrees to make a contribution equal to the greater of: 1) the State's actual costs for regulation, licensing and Compact oversight of the Tribe's Gaming Facility, plus eleven (11 %) of the amount the Tribe would have paid under this Compact if the exclusivity had been maintained, or 2) an amount calculated at the lowest rate which is paid to the State by any other casino gaming facility operating in the Commonwealth.

g.       Lottery Protection.  If the growth in lottery receipts is less than the average of the prior five years, the difference in revenues will be provided to the lottery for the purpose of local aid to the municipalities in the Commonwealth, provided the lottery payout percentages do not change and the number of games remains the same, and provided further that any funds provided to the lottery for the purposes described herein shall be taken from the revenue described in Section 27d of this compact.

h.       Advance Payment. Following enactment and execution of this compact, the            

      placement of the land into trust and receipt of financing, the Tribe shall give  

      the Commonwealth an advance payment of $100 million dollars to be credited 

     against future obligations of the Tribe to the Commonwealth under this 

     section.

26. AMENDMENT AND MODIFICATION.

a. Compact. The terms and conditions of this Compact may be modified or amended by written agreement of both parties, and any such amendment or modification shall be subject to the approval of the Secretary of the Interior of the United States and the Massachusetts General Court, to the extent required by law. A request to amend or modify this Compact by either party shall be in writing, specifying the manner in which a party requests this Compact to be changed, the reason(s) for the modification and the proposed language. Representatives of the parties shall meet within thirty (30) days of the request and shall expeditiously and in good faith negotiate whether and on what terms and conditions this Compact will be amended or modified.

b. New State Authorized Class III Games. Notwithstanding subsection (a) of this Section, if the State enters into a Class III Gaming Compact with any other Indian Tribe or Nation, and that Compact contains games not currently authorized in this Compact, those new games shall be added automatically to the list of authorized games of chance contained in this Compact.

27. TERMINATION.

Once effective, this Compact shall be in effect until terminated by written agreement of both parties.

28. SOVEREIGN IMMUNITY.

a.  Limited Waiver of Sovereign Immunity.  In the event that a dispute is to be resolved in federal court or a state court of competent jurisdiction as provided in this Compact, the State and the Tribe expressly consent to be sued therein and waive any immunity therefrom that they may have provided that:

            i.  The dispute is limited to issues arising under this Compact;

            ii.  Neither side makes any claim for monetary damages (that is, only injunctive, specific performance, including enforcement of a provision of this Compact requiring payment of money to one or another of the parties, or declaratory relief is sought);

            iii.  No person or entity other than the Tribe and the State is party to the action, unless failure to join a third party would deprive the court of jurisdiction; provided that nothing herein shall be construed to constitute a waiver of the sovereign immunity of either the Tribe or the State in respect to any such third party;

iv.  Except as specifically provided herein, neither the State nor the Tribe by entering into this Compact waives any sovereign immunity they may have under State, federal or Tribal law.

b.  Third Party.  In the event of intervention by an additional party into any such action without the consent of the Tribe and the State, the waivers of either the Tribe or the State provided for herein may be revoked, unless joinder is required to preserve the court’s jurisdiction; provided that nothing herein shall be construed to constitute a waiver of sovereign immunity of either the Tribe or the State in respect to any such third party.

c.  Civil Actions.  The waivers and consents provided for under this Section shall extend to civil actions authorized by this Compact, including, but not limited to, actions to compel arbitration, any arbitration proceeding herein, any action to confirm or enforce any judgment or arbitration award as provided herein, and any appellate proceedings emanating from a matter in which an immunity waiver has been granted.  Except as stated herein or elsewhere in this Compact, no other waivers or consents to be sued, either express or implied, are granted by either party.

29. CALCULATION OF TIME.

In computing any period of time prescribed or allowed by this Compact, the day of the act, event or default from which the designated period of time begins to run shall not be included.

30. ENTIRE AGREEMENT.

This Compact is the entire agreement between the parties and supersedes all prior agreements between the parties with respect to Gaming. Neither this Compact nor any provision herein may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by both parties.

31. COUNTERPARTS.

This Compact may be executed by the parties in any number of separate counterparts with the same effect as if the signatures were upon the same instrument. All such counterparts shall together constitute one and the same document.

32. SEVERABILITY.

In the event that any Section, subsection or provision of this Compact is held invalid, or its application to any particular activity is held invalid, it is the intent of the parties that the remaining Sections, subsections and provisions of this Compact and the remaining applications of such Section, subsections or provisions shall continue in full force and effect. This Section shall not apply if Section 27, or any subsection or material provision thereof, is held invalid.

33. EFFECTIVE DATE.

This Compact shall become effective at the later of (1) the Secretary of the Interior's publication of this Compact in the Federal Register or (2) the enactment of the Compact by the Massachusetts General Court and approval of such enactment by the Governor.

34. NOTICES.

All notices and other communications required or authorized to be served in accordance with this Compact shall be served by registered or certified mail, return receipt requested, or by a courier service which provides for a record of dates of dispatch and receipt, at the following addresses:

Governor, Commonwealth of Massachusetts

Office of the Governor

State House, Executive Office

Boston, MA 02133

Chairperson

Wampanoag Tribe of Gay Head (Aquinnah)

Black Brook Road

Gay Head, MA 02535-9701

or to such other address or addresses as either the Tribe or the State may from time to time designate in writing.

35. FILING OF COMPACT WITH SECRETARY OF STATE.

Upon enactment by the Massachusetts General Court and execution by the Governor of the Commonwealth of Massachusetts and, a certified copy of this Compact shall be filed by the Governor with the Commonwealth's Secretary of State. Any subsequent amendment or modification of this Compact shall be similarly filed.

IN WITNESS WHEREOF, the Tribal Chairperson acting for the Wampanoag Tribe of Gay Head (Aquinnah), and the Governor of the Commonwealth of Massachusetts hereto set their hands and seals.

Date______________________                                             Date_______________________

By________________________                                            By_________________________

Beverly Wright, Chairperson                                                     Governor

APPROVAL BY THE SECRETARY OF THE INTERIOR

The Secretary of the Interior ("Secretary") is charged by the Indian Gaming Regulatory Act at 25 U.S.C.§ 2710(d)(8)(A) with approving certain Compacts between Indian tribes and States of the United States. The Secretary's approval of a Compact pursuant to IGRA does not make the Secretary or the United States a party to the Compact. The undersigned representative of the Secretary has reviewed that certain Compact, executed by and between the Wampanoag Tribe of Gay Head (Aquinnah) and the Commonwealth of Massachusetts dated __________, to ensure the Compact complies with the requirements of IGRA and other applicable federal laws and regulations. The undersigned finds that the Compact complies with and satisfies the requirements of IGRA.  Accordingly, pursuant to the authority delegated to me by 209 DM 8, the

undersigned hereby approves said Compact.

Dated_____________________________, 2002        By ______________________________

                                                Assist. Secretary

                                                                                                United States Department

                                                of the Interior”.

Floor Number: 475 

                                                   The Massachusetts Casino Control Act.

Ms. Menard, Mr. Lees and Mr. Glodis move to amend the bill by inserting, after Section 35, the following new section:-

SECTION 35A. “General Laws are hereby amended by inserting after 128C the following chapter:¾                                                                          

           (a)        This chapter shall be known and may be cited as the “Massachusetts Casino Control Act.”

            (b)        The legislature hereby finds, and declares it to be the public policy of the Commonwealth, that:

                        (1)        The continuing growth of the tourism industry will benefit the general welfare of our citizens and create new jobs and tax revenue.

                        (2)        An integral part of the growing tourism industry is the offering of regulated casino gaming, among other activities.

                        (3)        The nature of the tourism industry is such that the operation of casino gaming in certain specified locations will result in many economic benefits.

                        (4)        The existence of and potential for additional casino gaming facilities in neighboring states adversely impacts the Commonwealth.

                        (5)        Casino gaming facilities will create new job opportunities and promote economic development in the communities and areas where they are located. 

                        (6)        Casino gaming facilities shall be licensed and supervised through the period of construction of the casino and continuing through to the operation of the casino, and gaming-related employees of those casinos, gaming operators and manufacturers, and distributors of gaming equipment shall be regulated, licensed, and controlled to accomplish and promote the above public policies while protecting the public health, safety, and morals, good order and general welfare of the citizens of the Commonwealth.

                        (7)        Regulation of licensed casino gaming is important in order that gaming is conducted honestly and competitively, and that gaming is free from criminal and corruptive elements.

                        (8)        Public confidence and trust in casino gaming can only be maintained by strict regulation of all persons, locations, practices, associations and activities related to the operation of licensed casino gaming establishments and the manufacture or distribution of slot machines and other gaming equipment.

                        (9)        All establishments where casino gaming is conducted must be licensed and controlled to protect the public health, safety, morals, good order and general welfare of the citizens of the Commonwealth.

            (c)        No applicant for a gaming license, or a manufacturer’s or distributor’s license or other affirmative Commission approval has any right to a license or the granting of the approval sought.  Any license issued or other Commission approval granted pursuant to the provisions of this act is a revocable privilege, and no holder acquires any vested right therein or thereunder.

            (d)        In the event of any conflict between the provisions of this chapter and any other provision of the General Laws, the provisions of this chapter shall prevail.

            Section 2.  Definitions.

The following words as used in this chapter shall, unless the context clearly requires otherwise, have the following meanings:

            (a)        “Affiliate” means any person which a licensee or applicant directly or indirectly controls or in which an applicant or licensee possesses an interest.  For the purposes of this section “controls” means either (i) directly or indirectly holding more than ten percent of voting membership rights or voting stock or partnership interest, or (ii) that a majority of the directors, general partners, trustees, or members of an entity’s governing body or representatives of, or are directly or indirectly controlled by, the licensee or applicant.  For the purposes of this subsection, “possesses an interest in” means either (i) directly or indirectly holding more than five percent of voting membership rights or voting stock or (ii) that at least twenty-five percent of the directors, general partners, trustees, or members of an entity’s governing body or representatives of, or are directly or indirectly controlled by, the licensee or applicant.

            (b)        “Applicant” means any person who on his own behalf or on behalf of another has applied for permission to engage in any act or activity which is regulated by the provisions of this act or regulations promulgated thereunder.

            (c)        “Application” means a written request for permission to engage in any act or activity, which is regulated under the provisions of this act.

            (d)        “Bureau” means the Casino Gaming Control Bureau as established by this act.

            (e)        “Casino gaming license” means a gaming license that permits the gaming operator to offer any gambling game played with cards, with dice or with any mechanical, electromechanical, or electronic device or machine for money, checks, credit or any representation of value including, without limiting the generality of the foregoing, faro, roulette, keno, twenty-one, blackjack, craps, poker, chuck-a-luck, wheel of fortune, baccarat, pai gow, slot machine, or any other game or device approved by the Commission.

            (f)        “Chairman” means the Chairman of the Casino Control Commission.

            (g)        “Commission” means the Massachusetts Casino Control Commission.

            (h)        “Commissioner” means a member of the Casino Control Commission.

            (i)         “Committee” means the Massachusetts Gaming Policy Committee.

            (j)         “Controlled game” or “controlled gaming” any game of chance played for currency, check, credit, or any other thing of value that is not prohibited and made unlawful by chapter two hundred and seventy-one of the General Laws, or any other general or special laws, or by local ordinance except:

                        (1)        The game of bingo conducted pursuant to chapter two hundred and seventy one, section seven A and 961 C.M.R. 3.00.

                        (2)        Pari-mutuel wagering on horse and dog races, whether live or simulcast, regulated by the State Racing Commission.

                        (3)        Any lottery game conducted by the State Lottery Commission, in accordance with M.G.L. c. 10, 24.

                        (4)        Games played with cards in private homes or residences in which no persons makes money for operating the game, except as a player.

            (k)        “Electronic Gaming Device” means any mechanical, electrical or other device, contrivance or machine, including any so-called video wagering terminal, video lottery terminal or video poker machine, which, upon insertion of a coin, token or similar object, or upon payment of any consideration, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator in playing a gambling game which is presented for play by the machine or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tokens or any thing of value, whether the payoff is made automatically from the machine or in any other manner.

            (l)         “Establishment” means any building, room, place or other indoor or outdoor premises where any controlled gaming occurs, including all public and non-public areas of any such establishment.

            (m)       “Executive Director” the executive director of the Casino Enforcement Bureau.

            (n)        “Game” and “gambling game” means any game approved by the Commission and played with cards, dice, equipment or any mechanical, electro-mechanical or electronic device or machine, including slot machine as defined by this act, for money, property, checks, credit or any representative of value, but does not include games played with cards in private homes or residences in which no person makes money for operating the game, except as a player, or games defined within chapter ten or chapter two-hundred seventy-one of the general laws of the Commonwealth.

            (o)        “Gaming”, “gambling” and “gaming operations” means to deal, operate, carry on, conduct, maintain or expose for play any games as defined in this section.

            (p)        “Gaming device” means any equipment or mechanical, electro-mechanical or electronic contrivance, component or machine used remotely or directly in connection with gaming or any game which affects the result of a wager by determining win or loss.

            (q)        “Gaming employee” means any person employed in a properly licensed casino gaming facility connected directly with the operation of the gaming including, without limitation, boxmen; dealers or croupiers; floormen; machine mechanics; security employees; count room personnel; cage personnel; slot machine and slot booth personnel; collection personnel; surveillance personnel; and data processing personnel; or any other person whose employment duties predominantly involves the maintenance or operation of gaming activity or equipment and assets associated therewith or who, in the judgment of the Commission, is so regularly required to work in a restricted area that licensure as a gaming employee is appropriate. 

            The term “gaming employee” does not include any person employed in a properly licensed casino gaming facility whose duties do not involve gaming activities including without limitation bartenders, cocktail servers, food preparation and service personnel, hotel personnel, retail sales personnel, secretarial, janitorial, maintenance personnel, entertainers or other persons who, in the judgment of the Commission, are to be considered non-gaming employees.

            (r)        “Gaming establishment” means any establishment licensed to conduct gaming operations in the Commonwealth under this chapter.

            (s)        “Gaming license” or “license” means any license or work permits issued by the Commission under the chapter that authorizes the person named therein to engage or participate in controlled gaming, including work permits and licenses issued to gaming establishments, to gaming suppliers, to parties in interest to gaming schools, and to officers and directors of licensed persons or entities.

            (t)        “Gaming revenues” means the total of all gaming sums won from patrons from the conduct of any controlled gambling game less the total of all sums paid out as winnings to patrons.

            (u)        “Gaming service industry” means any form of enterprise which provides more than One Hundred Thousand Dollars ($100,000.00) per annum in goods or services regarding the realty, construction, maintenance, or business of a proposed or existing gaming facility on a regular or continuing basis which directly relate to gaming activities or indirectly relate to gaming operations including, without limitation, junket enterprises; security businesses; manufacturers; suppliers, distributors and servicers of gaming devices or equipment; waste disposal companies; maintenance companies; schools teaching gaming and either playing or dealing techniques; suppliers of alcoholic beverages, food and nonalcoholic beverages; vending machine providers; linen suppliers; shopkeepers located within the approved hotels; limousine services; and construction companies contracting with gaming applicants or licensees  provided that professional services such as accountants, auditors, attorneys, and broker dealers, or other professions which are regulated by a public agency, are exempt from the provisions of this subsection.

            (v)        “Holding company” means any corporation, firm, partnership, trust, or other form of business organization not a natural person that, directly or indirectly, owns, has the power or right to control, or holds with power to vote, all or any part of the limited partnership interests or outstanding voting securities of a corporation or any other business entity that holds or applies for a state gambling license.  In addition, a holding company indirectly has, holds, or owns any power, right or security mentioned herein if it does so through any interest in a subsidiary or successive subsidiaries, however many of these subsidiaries may intervene between the holding company and the corporate licensee or applicant.

            (w)       “Intermediary company” means any corporation, firm, partnership, trust, or other form of business organization other than a natural person that is both of the following:

                        (1)        A holding company with respect to a corporation or limited partnership that holds or applies for a gaming license, and

                        (2)        A subsidiary with respect to a holding company.

            (x)        “License” means a gaming license, or a manufacturer’s or distributor’s license.

            (y)        “License fees” means any money required by law to be paid to obtain or renew a gaming license, manufacturer’s or distributor’s license, or gaming service industries license.

            (z)        “Licensed casino gaming facility” means any facility wherein all gaming is sanctioned and regulated by the Commission and fully taxed by the Commonwealth.

            (aa)      “Licensee” means any person to whom a valid gaming license, manufacturer’s or distributor’s license has been issued.

            (bb)      “Manufacturer” means a person who:  (1) manufactures, assembles, programs or makes modifications to a gaming device or cashless wagering system; or (2) designs, controls the design or assembly or maintains a copyright over the design of a mechanism, electronic circuit or computer program which cannot be reasonably demonstrated to have any application other than in a gaming device or in a cashless wagering system, for use or play in this state or for distribution outside of this state.

            (cc)      “Manufacturer’s seller’s or distributor’s license” means a license issued pursuant to this act to a manufacturer or distributor of gaming equipment.

            (dd)      “Net gaming revenue” means the total, prior to the deduction of any operating, capital or other expenses whatsoever, of all gaming revenue retained by any gaming establishment licensed under this chapter less gaming taxes paid pursuant to this act.

            (ee)      “Off-track betting facility” means the facility at which off-track wagers are accepted by the licensee of an off-track betting system pursuant to the provisions of this act.

            (ff)       “Off-track betting system” means any person that is in the business of accepting wagers on either horse races or dog races at locations other than the place where such races are run, which business is conducted pursuant to the provisions of this act.

            (gg) “Party in interest” means any corporation, firm, partnership, trust, or other entity or person with any direct or indirect pecuniary interest in a licensed casino gaming establishment, or a person who owns any interest in the premises of a licensed casino gaming establishment, or land upon which such premises is licensed, whether he leases the property directly or through an affiliate.

            (hh)      “Person” or “party” means a natural person, corporation, partnership, limited partnership, trustee, holding company, joint venture, association, or any business entity.

            (ii)        “Request for proposals” means a written document issued by the Commission to potential bidders which invites bidders to submit proposals outlining their qualifications and desire to obtain a gaming license from the Commission.

            (jj)        “Skimming” means the intentional excluding of or the taking of any monies, chips, or any other items in an attempt to exclude any monies, chips, or any other items or their value from the deposit, counting, collection, or computation of gross revenues from gaming operations or activities, net gaming proceeds, or amounts due the Commonwealth pursuant to this act.

            (kk)      “Substantial party in interest” means any person holding a greater than five percent direct or indirect pecuniary interest, whether as owner, mortgagor or otherwise, in an operating entity, premises, or any other licensee or applicant.

            (ll)        “Work permit” means any card, certificate, or permit issued by the Commission authorizing the holder to be employed in a licensed casino gaming facility.

            Section 3.  Gaming Policy Committee.

            There shall be a Massachusetts Gaming Policy Committee, consisting of the governor or his designee, who shall act as chairman, the attorney general, the treasurer and receiver general, the secretary of consumer affairs, the chairman of the state racing commission, the executive director of the state gaming control bureau, the executive director of the state lottery, the secretary of public safety, and the colonel of the state police.  The chairman may call meetings of the committee for the exclusive purpose of discussing matter of gaming policy.  The recommendations concerning gaming policy made by the committee are advisory and not binding on the Bureau or the Commission in the performance of their duties and functions.

            Section 4. Casino Control Commission.  Composition, powers and duties:

            (a)        There shall be established a Massachusetts Casino Control Commission consisting of five members.  Each member shall be a citizen of the United States and a resident of the Commonwealth.  No person holding any elective office in state, county, or local government; nor any officer or official of any political party, nor any person who was formerly a licensee or an unlicensed employee of a gaming licensee within the two years prior to any appointment shall be eligible for appointment to the commission.  The Commission shall be composed of the most qualified persons available; but no person actively engaged or having a direct pecuniary interest in gaming activities shall be a member of the Commission.  Not more than three members of the Commission shall be of the same major political affiliation.  The governor shall appoint three members of the Commission and designate one member to serve as chairman of the Commission.  The attorney general of the Commonwealth shall appoint one member of the Commission.  The auditor of the Commonwealth shall appoint one member of the Commission.

            (b)        The term of the office of each member of the Commission shall be five years except that, of the members initially appointed, one shall be appointed by the governor for a term of two years, one shall be appointed by the attorney general for a term of three years, one shall be appointed by the governor for a term of four years, one shall be appointed by the auditor for a term of five years, and one shall be appointed by the governor for a term of five years.  After the initial term, the term of office for each member of the Commission is five years, provided that no member serve more than two consecutive terms of five year periods.  Any vacancies shall be filled by the original appointing authority within sixty days of the occurrence of such vacancy.  Any appointee shall continue in office beyond the expiration date of his term until the appointment of a successor but in no event longer than six months.  Any Commissioner may be removed by the governor for just cause, and shall be removed immediately upon conviction of any felony.  Any person so suspended and later acquitted of any such felony shall be reinstated to the Commission upon such acquittal, with full back pay.

            (c)        The Commission members shall devote that time to the business of the Commission as may be necessary to the discharge of their duties.  The members of the Commission shall be compensated for work performed for the Commission at Fifty Thousand Dollars ($50,000.00) per annum, with the chairman receiving Twenty Thousand Dollars ($20,000.00) per annum in addition to his compensation.  Commission members shall be reimbursed for traveling and other expenses necessarily incurred in the performance of official duties.  Before entering upon the duties of his or her office, each member shall swear that he or she is not pecuniary interested in any business or organization holding a gaming license under this act, or doing business with any gaming service industry, as defined by this act and shall submit to the governor, attorney general and state auditor, a statement of financial interest required by chapter two hundred sixty-eight B of the general laws listing all assets and liabilities, property and business interests, and sources of income of said Commissioner and his spouse.  Such statement shall be under oath and shall be filed at the time of employment and annually thereafter.  No Commission member shall have any interest, direct or indirect, in any applicant or in any person licensed by or registered with the Commission during his term of office.  Regular and special meetings of the Commission may be held, at the discretion of the Commission, at such times and places as it may deem convenient, but at least one regular meeting must be held each month on or after the fifteenth day of the month.

            (d)        The Commission shall make an annual report of its activities to the General Court by March thirty-one, for the prior calendar year.

            (e)        The Commission shall establish and maintain its general place of business in Boston, Massachusetts.  The Commission may hold meetings at any place within the state when the interests of the public may be better served.  Except as otherwise provided for herein, meetings of the Commission shall be subject to the provisions of section eleven A and eleven A and one-half of chapter thirty of the general laws.  A majority of the membership of the Commission is a quorum of the Commission.  A public record of every vote shall be maintained at the Commission’s general office.  The Commission may maintain any other files and records, as it deems appropriate.

            (f)        The Commission shall have general responsibility for the implementation of this act, as hereinafter provided, including, the right to hear and decide promptly and in reasonable order all license, registration, certificate, and permit applications and causes affecting the granting, suspension, revocation, or renewal thereof; to conduct all hearings pertaining to civil violations of this act or regulations promulgated hereunder; to promulgate and implement, pursuant to sections two and three of chapter thirty A of the general laws, rules and regulations for the implementation of this act, including the method and form of application which any applicant for a gaming license or for a manufacturer’s seller’s or distributor’s license must follow and complete before consideration of his application by the Commission, the information to be furnished by any applicant or licensee concerning his antecedents, habits, character, associates, criminal history or record, business activities and financial affairs, past or present; the information to be furnished by a licensee relating to his gaming employees; the fingerprinting of an applicant or licensee or employee of a licensee or other methods of identification; the manner and procedure of all hearings conducted by the Casino Control Bureau, as defined by this act, or Commission or any hearing examiner of the Bureau or Commission, including special rules of evidence applicable thereto and notices thereof; the issuance and revocation of work permits for employment of persons in licensed gambling facilities; the manner in which winnings, compensation from games and gaming devices, and gross revenue must be computed and reported by the licensee; the minimum procedures for adoption by each licensee to exercise effective control over its internal fiscal affairs; the payment by any applicant of all or any part of the fees and cost of investigation of such applicant as may be determined by the Bureau or the Commission; governing the manufacture, sale and distribution of gambling devices and equipment; licensee bonding requirements; monitoring of licensee requirements; investigations both civil and criminal; the method and operation of gambling operations including the type and manner of gambling, record keeping, accounting, audit requirements and safeguarding of assets; the testing and inspection of gambling equipment; the licensing of corporations, limited partnerships, holding companies and intermediary companies; the limitations of security controls and agreements; the sale of securities of affiliated companies; emergency proceeding; setting forth those persons to be excluded or ejected from gambling establishments including the type of conduct prohibited thereat; to collect all license and registration fees, taxes, and penalties imposed by this act and the regulations issued pursuant hereto; to be present through its inspectors and agents at all times during the operation of any licensed casino gaming facility for the purpose of certifying the revenue thereof and receiving complaints from the public; and to review and rule upon any complaint by a licensed casino gaming facility licensee regarding any investigative procedures of the Bureau which are unnecessarily disruptive of licensed casino gaming facility operations; and a code of conduct for employees of the Bureau.  The need to inspect and or investigate a licensed casino gaming facility shall be presumed at all times.  The Commission shall adopt an official seal and alter same at pleasure.

            (g)        The Commission shall conduct hearings in accordance with the provisions of chapter thirty A.  The Commission may, by a majority vote, issue subpoenas for the attendance of witnesses or the production of any records, books, memoranda, documents, or other papers, or things, at or prior to any hearing as is necessary to enable the Commission to effectually discharge its duties, and may administer oaths or affirmations as necessary in connection therewith.  The Commission may petition a superior court for an order requiring compliance with a subpoena.  The Commission and the Bureau shall have the authority to propound written interrogatories and may appoint hearing examiners, to whom may be delegated the power and authority to administer oaths, issue subpoenas, propound written interrogatories, require testimony under oath, report same, and fashion recommended decisions upon the recommendation of said Commission.

            (h)        The Commission may require any person to apply for a license as provided in this act and approve or disapprove, transactions, events, and processes as provided in this act.  The Commission may grant or deny any application for a license or approval; may limit, condition, restrict, suspend, or revoke any license or approval for any cause deemed reasonable by the Commission, consistent with this act or any general or special law.  The Commission may also impose a civil fine of not more than Fifty Thousand Dollars ($50,000.00) upon any person licensed, registered or otherwise approved under this act, for any violation of this act or of any general or special law related to gambling.  The Commission may, as further provided in regulations approve or disapprove transactions, events, and processes as provided in this act, take actions reasonably designed to ensure that no unsuitable persons are associated with controlled gambling activities.  The Commission may expend for legal, investigative, clerical and other assistance such as may be appropriated therefor.  Investigators employed by the Commission shall have access to all records maintained by all licensees and registrants hereunder, whether maintained at the licensed gambling establishment or other location as may be pertinent to the investigatory powers of the Commission.

            (i)         The Commission shall assure, to the extent required by this act, that licenses, approvals, certificates, or permits shall not be issued to nor held by, nor shall there be any material involvement, directly or indirectly, with the licensed casino gaming facility operation or the ownership thereof by, unqualified or disqualified persons or persons whose operations are conducted in a manner not conforming with the provisions of this act.  In enforcing the provisions of this act, the Commission shall have the power and authority to deny any application; limit or restrict any license, registration, certificate, permit or approval; suspend or revoke any license, registration, certificate, permit or approval; and impose a penalty on any person licensed, registered, or previously approved for any cause deemed reasonable by the Commission pursuant to rules and regulations promulgated thereby.

            (j)         No Commission member or person employed by the Commission shall represent any person or party other than the Commonwealth before or against the Commission or be employed by any licensee for a period of two years from the termination of his office or employment with the Commission.

            (k)        The Commission shall initiate proceedings or actions appropriate to enforce statutory and regulatory requirements mandated of license-holders.

            (l)         The Commission may refuse to reveal, in any court or administrative proceeding except a proceeding brought by the Commonwealth of Massachusetts or the United States Government the identity of an informant, or the information obtained from the informant, or both the identity and the information.

            (m)       The Commission shall have the power to acquire, lease, use, hold and mortgage real, personal or mixed property or any interest, easements or rights therein, as may be necessary or appropriate to carry out the provisions of this act; to enter into agreements or other transactions with the Commonwealth or any political subdivision or public instrumentalities thereof, the United States Government or any federal, state or other governmental agency; to formulate plans for the projects involving the acquisition and operation of facilities pursuant to the provisions of this act, and to construct or reconstruct, expand, remodel, to fix and revise from time to time, and to charge and collect rates, fees, rentals and other charges for the use of any building, structure, other property or portion thereof under its control; and to acquire in the name of the Commission by purchase or otherwise, in such terms and conditions and in such manner as it may deem proper,  any land and other property and any and all rights, title and interest in such land and other property, and any fee simple absolute in, easements upon or the benefit of restrictions upon abutting property, and to preserve and protect any project.

            (n)        The Commission may investigate, civil or criminally, fraud, deceit, misrepresentation or violations of law by any person licensed or registered under this act, or the occurrence of any such activity within or involving any licensed casino gambling establishment or gambling operation.  If the Commission has reasonable basis to believe that any person licensed or registered under this act is engaged in criminal behavior or that criminal activity is occurring within or involving any licensed gaming facility or licensed gambling operation said Commission shall report same to the attorney general of the Commonwealth and the district attorney of the county within which the gaming facility is located and make available to the attorney general and said district attorney all relevant information on such activity.  The Commission, as it deems appropriate, may ask the attorney general and/or said district attorney to restrain a violation of this act or enforce any provision thereof.  An action brought against a person pursuant to this act does not preclude any other criminal or civil proceeding as may be authorized by law.

            (o)        No person shall transfer a direct or indirect pecuniary interest in a licensed operating entity or premised, or enter into an option contract or other agreement providing for such transfer in the future, without having notified the Commission.  No person shall transfer a greater than five percent direct or indirect pecuniary interest in a licensed operating entity or premises without the issuance by the Commission to the transferee of an operating license or an affirmative statement that the transferee has met the operating license standards, as the Commission may require.

            Section 5.  Casino Enforcement Bureau.  Composition, powers and duties:

            (a)        There shall be established a Casino Enforcement Bureau.  The Bureau may acquire such furnishings, equipment, supplies, stationery, books, motor vehicles and other things as it may deem necessary or desirable in carrying out its functions; incur such other expenses, within the limit of money available to it, as it may deem necessary.  The Bureau shall furnish to the Commission such administrative and clerical services and such furnishings, equipment, supplies, stationery, books, motor vehicles and all other things as the Commission may deem necessary or desirable in carrying out its functions.  Except as otherwise provided in this act, all costs of administration incurred by the Bureau must be paid out on claims from the state general fund in the same manner as other claims against the state are paid.

            (b)        The position of executive director of the Casino Enforcement Bureau is hereby created.  The secretary of administration and finance shall appoint the executive director for a term of three (3) years.  The executive director shall not serve more than two consecutive terms.  The executive director may be removed by the governor for cause.  The executive director shall be responsible for the conduct of the Commission’s administrative manners.  The executive director shall be the executive secretary of the Commission and shall carry out and execute the duties as specified by law and the Commission.  The executive director shall employ such professional, technical, and clerical assistance and employees as necessary, subject to appropriation; provided, however, that such assistants and employees shall not be subject to chapter thirty-one or section nine A of chapter thirty of the general laws.  The executive director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

            (c)        The Bureau shall, within the limits of legislative appropriations or authorizations, employ and fix the salaries of or contract for the services of such professional, technical and operational personnel and consultants as the execution of its duties and the operation of the Bureau and Commission may require.  The Bureau and the Commission shall, by suitable regulations, establish a comprehensive plan governing employment, job classifications and performance standards, and retention or discharge of employees to assure that termination or other adverse action is not taken against such employees except for cause.  The Bureau may employ the services of such persons as it considers necessary for the purposes of consultation or investigation.

            (d)        Each employee of the Bureau shall file with the State Ethics Commission a statement of financial interest as defined in chapter two-hundred sixty-eight B of Massachusetts general law listing all assets and liabilities, property and business interests, and sources of income of said employee and his spouse.  Such statement shall be under oath and shall be filed at the time of employment and annually thereafter.

            (e)        No employee of the Bureau shall be permitted to gamble in any establishment licensed by the Commission, except in the course of his duties.  Each employee or agent of the Bureau shall devote his entire time and attention to his duties and shall not pursue any other business or occupation or other gainful employment; provided, however, that secretarial and clerical personnel may engage in such other gainful employment as shall not interfere with their duties to the Commission or Bureau, unless otherwise directed; and provided further, however, that other employees and agents of the Bureau may engage in such other gainful employment as shall not interfere or be in conflict with their duties to the Bureau, upon approval by the Commission and the director of the Bureau.

            (f)        No person employed by the Bureau shall represent any person or party other than the Commonwealth before or against the Bureau or the Commission or be employed by any licensee for a period of two years from the termination of his office or employment with the Bureau.

            (g)        Before the beginning of each legislative year, the Bureau shall submit to the house and senate committees on ways and means and the joint legislative committee on the government regulations a report defining, for the preceding twelve month period, the gross revenue, net revenue, and average depreciation of each licensee; the number of persons employed by each licensee, and related payroll information; and the assessed valuation of each Massachusetts licensed casino gaming facility as listed on the assessment rolls.

            (h)        Employees of the Bureau and their agents may inspect and examine all premises wherein gaming is conducted or gambling devices or equipment are manufactured, sold or distributed; inspect all equipment and supplies in, upon, or about such premises; summarily seize and remove from such premises and impound any equipment, supplies, documents or records for the purpose of examination and inspection; demand access to and inspect, examine, photocopy and audit all papers, books and records of any applicant or licensee, on his premises, or elsewhere as practicable, and in the presence of the applicant or licensee, or his agent, respecting the gross income produced by any gaming business, and require verification of income, and all other matters affecting the enforcement of the policy or any of the provisions of this act; demand access to and inspect, examine, photocopy and audit all papers, books and records of any affiliate of a licensee whom the Bureau or Commission knows or reasonably suspects is involved in the financing, operation or management of the licensee.  Licensees must retain all books, papers, and records necessary for audits for three years after the date of the surrender or revocation of his gaming license.

            (i)         The Bureau may place expert accountants, technicians, and any other persons, as it may deem necessary, in the office, gambling area, or other place of business of any person licensed or registered under this act for the purpose of determining compliance with the rules and regulations adopted pursuant to this act.

            (j)         The Bureau may investigate, for purposes of prosecutions any suspected criminal violation of this act; provided, however, that nothing in this section shall be deemed to limit the investigatory and prosecutorial powers of other state and local officials and agencies, including district attorneys and police departments.

            (k)        The Bureau may recommend to the Commission the denial of any application, the limitation, conditioning, restriction, suspension, or revocation of any license, permit, registration or approval, or the imposition of any fine upon any person licensed or approved by the Commission.

            (l)         The executive director of the Bureau and employees of the Bureau so designed by the executive director shall have and exercise throughout the Commonwealth, subject to the rules and regulations as the director, with the approval of the Commission, may from time to time adopt, all the authority of police officers and constables, except the service of civil process, to effectuate the purposes of this act.

            (m)       No official, member, employee, or agent of the Commission or Bureau, having obtained access to confidential records or information in the performance of duties pursuant to this act, unless otherwise provided by law, shall knowingly disclose or furnish the records or information, or any part thereof, to any person who is not authorized by law to receive it.  Violation of this provision shall be punishable by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment in the house of corrections for not more then one year, or by both such fine or imprisonment.

            (n)        The Bureau shall make a continuous study and investigation of gaming throughout the commonwealth in order to ascertain defects in state gaming law, or in rules and regulations issued thereunder; to formulate recommendations for changes in said law and the rules and recommendations promulgated thereunder.  The Bureau shall make a continuous study and investigation of the operation and administration of similar laws in other states or countries; of any literature or reports on the subject which from time to time may be published or available to licensed casino gaming facilities; of any federal laws which may affect the operation of gaming in the Commonwealth; and of the reaction of citizens or the Commonwealth to existing and potential features of gaming with a view to recommending or effecting changes that will tend to better serve and implement the purposes of state gaming law.  The Bureau shall make a continuous study of state gaming policy, including gaming, as defined by this act; the state lottery, as defined by chapter ten; and pari-mutuel racing, as defined by chapter one-hundred twenty-eight; and the impact of said policy on the Commonwealth.

            (o)        The executive director of the Bureau shall petition the Commission to initiate proceedings or actions appropriate to enforce statutory and regulatory requirements mandated of license-holders, and the Commission shall grant or deny such petitions expeditiously.

            (p)        Employees of the Bureau may refuse to reveal, in any court or administrative proceeding except a proceeding brought by the Commonwealth of Massachusetts or the United States Government the identity of an informant, or the information obtained from the informant, or both the identity and the information.

            Section 6.  Records of  Proceedings.

            (a)        The Commission shall cause to be made and kept a record of all proceedings at regular and special meetings of the Commission.  These records shall be open to public inspection, except those portions declared by law to be confidential.

            (b)        Notwithstanding any other general or special law to the contrary all files, records, reports, and other information in possession of any state or local government agency including tax filings and related information that are relevant to an investigation by the Bureau conducted pursuant to this act shall be made available to the Bureau as requested.  However, any tax or financial information received from a government agency shall be used solely for effectuating the purposes of this act.  To the extent that these files, records, reports, or information are confidential or otherwise privileged from disclosure under any law they shall not lose that confidential or privileged status for having been disclosed to the Bureau.

                        (1)        The Commission and the Bureau shall not release or disclose any privileged information, documents or communications provided by an applicant or licensee without the prior written consent of the applicant or licensee or pursuant to a lawful court order after timely notice of the proceedings has been given to the applicant or licensee.

                        (2)        The Commission and the Bureau shall maintain all privileged information, documents and communications in a secure place accessible only to members of the Commission and the executive director, and employees of the Commission.

                        (3)        The Commission and the Bureau shall adopt procedures and regulations to protect the privileged nature of information, documents and communications provided by an applicant or licensee.

            Section 7.   License approval.

            (a)        The Commission and the Bureau shall investigate the qualifications of each applicant under this act before any license is issued or any registration, finding of suitability or approval of acts or transactions for which Commission approval is required or permission is granted, and shall continue to monitor the conduct of all licensees and registrants and other persons having a material involvement, directly or indirectly with a licensed casino gaming facility or holding company to ensure that licenses are not issued or held by, nor is there any material involvement directly or indirectly with a licensed gaming facility or holding company by unqualified, disqualified or unsuitable persons, or persons who operations are conducted in an unsuitable manner or in unsuitable or prohibited places or locations, as provided in Commission regulations.  All expenses associated with the licensing of any applicant shall be borne by the applicant.  Pursuant to its regulations, the Commission shall require each applicant for a gambling license to deposit with the Commission, together with the application therefor, an application fee.  Such fee shall constitute the anticipated costs and charges incurred in the investigation and processing of the application, and any additional sums as are required by the Commission to pay final costs and charges.

            (b)        The Commission and the Bureau may require a finding of suitability or the licensing of any person who owns any interest in the premises of a licensed establishment; owns any interest in real property used by a licensed establishment whether he leases the property directly to the licensee or through an intermediary; repairs, rebuilds or modifies any gaming device; manufactures or distributes chips or gaming tokens for use in this state.

            (c)        The Commission and the Bureau may require a finding of suitability or the licensing of any person who furnishes services or property to a state gaming licensee under any arrangement pursuant to which the person receives payments based on earnings, profits or receipts from gaming.

            (d)        No person shall operate a gaming establishment without having obtained all necessary operating licenses from the Commission.  There shall be a single licensed operator for each gaming establishment.  The licensing standards must be met at all times by each officer, director, partner, and trustee of the operating entity, by each substantial party in interest of the operating entity or of the premises on which such establishment is located, and by such other party in interest of the operating entity, the premises, or any holding company or intermediary company of the operating entity or the premises as the Commission may require.  In no event shall the Commission permit a person or entity previously convicted of a felony to be a party in interest of the operating entity or of the premises or of any holding or intermediary company of the operating entity or the premises.  A separate license shall be required for any person described above, unless the Commission specifically determines otherwise.

            (e)        Each gaming operator license approved by the Commission pursuant to sections eight (a), (b) and (c) shall be valid for a term of five years from date of approval and shall be renewed for additional five year terms unless the Commission demonstrates that the operator is no longer qualified to hold a gaming license pursuant to the criteria set forth herein.

            (f)        Each license approved by the Commission shall be awarded as the result of an application process to be designed and established by said Commission.  Said process shall include a request for proposals which shall be designed to maximize the economic benefits and revenue generating potential. A person may apply to be a licensed casino gaming operator by filing an application with the Commission, in the form and with such accompanying application fees as the Commission may establish.  Information on the application will be used as the basis for a thorough background investigation which the Bureau shall conduct with respect to each applicant.  Each application shall disclose the identity of each party in interest, each holding company and intermediary company, and each affiliate of the operating entity.  The application shall disclose, in the case of a privately held corporation, the names and addresses of all directors, officers, and stockholders; in the case of a publicly traded corporation, the names and addresses of all directors, officers, and persons holding at least one percent of the total capital stock issued and outstanding; in the case of a partnership, the names and addresses of all partners, both general and limited; and in the case of a trust, the names and addresses of all trustees and beneficiaries. Persons applying for gaming operator licenses shall be required to define the number of full-time equivalent employees that the project will produce, and the project’s non-gaming economic development potential.

            (g)        Each operating entity shall identify, in its application, the premises where it proposes to conduct its gaming operations and demonstrate that the operating entity owns or has legal control of the premises where it proposes to conduct its gaming operations. The application shall contain such information regarding the physical location and condition of the premises and the potential impact of the proposed gaming operations upon adjacent properties and the municipality and region within which the premises are located, as the Commission may require.  The application shall disclose the identity of all parties in interest regarding the premises; and provided, further, except as otherwise permitted herein, no person other than a licensee hereunder shall have any right to or interest in net gaming revenue or adjusted net gaming revenue in the form of a percentage of any sums payable hereunder.  An operating entity may also identify temporary premises in its application where an applicant may be permitted to operate a temporary casino facility for a period of no longer than 24 months during construction of its permanent gaming facility.

            Section 8.        Casino Gaming Locations.

            The Commission shall grant casino gaming operator licenses to be issued to the following locations:

            (a)        The Commission is authorized to approve one licensed operator from among all persons seeking to be a licensed operator in Hampden County.  Such operator shall hold a full casino gaming license for all approved controlled games and electronic gaming devices to be conducted in a licensed casino gaming facility.

            (b)        The Commission is authorized to approve one licensed operator from among all persons seeking to be a licensed operator in the northern portion of Essex County, except that no casino gaming operator license shall be granted to operate a casino in the town of Salisbury. Such operator shall hold a full casino gaming license for all approved controlled games and electronic gaming devices to be conducted in a licensed casino gaming facility.

(c)                The Commission is authorized to approve one licensed operator from

among all persons seeking to be a licensed operator in Bristol County.  Such operator shall hold a full casino gaming license for all approved controlled games and electronic gaming devices, said games or devices to be operated in a licensed casino gaming facility.

            (d)        No casino shall be sited in a community without the approval of that community’s legislative body or, in such cases as is required by the governing body of said community, the voters of said community in a referendum.

            Section 9.  Casino License Requirements.

(a)   The Commission shall require that each licensed operator utilize Commonwealth of Massachusetts resources, goods and services to the reasonable extent practical in the operation of the licensed casino gaming facility.  The Commission shall develop reasonable standards to assure that a substantial amount of all resources, goods and services used in the operation of the licensed casino gaming facility come from manufacturers, suppliers, vendors and service providers from the Commonwealth of Massachusetts.

            (b)        The Commission shall require that each licensed operator make reasonable effort to insure that a substantial number of their employees are residents of the Commonwealth.  The Commission shall develop reasonable standards to assure that residents of the Commonwealth are afforded preferential treatment in hiring and training.

            (c)        The Commission shall require that each licensed operator provide facilities and make available for sale Massachusetts Lottery tickets on the premises of the licensed  casino gaming facility on the same terms as other non-casino retail lottery outlets in accordance with section 24 of chapter 10 of the General Laws.

            (d)        In the event that an off-track betting system is sanctioned by the Commonwealth each licensed casino gaming facility shall, on reasonable terms and conditions, make available within said facility space for an off-track betting facility to be jointly leased and operated by all persons licensed under section three of chapter one hundred and twenty eight (A), other than licensees conducting horse or dog racing in connection with a state or county fair, to be operated in accordance with the rules and regulations applicable to the enabling legislation of that off-track betting system.

            (e)        No licensed operator shall obtain any gaming equipment from a person who does not hold a license.  No licensed operator shall enter into any agreement for the receipt of goods or services, of any form and in any amount, from a person who does not hold a license, when a license is required for such agreement under this act or under regulations promulgated by the Commission or Bureau.

            (f)        No licensed operator shall employ any person in a gaming establishment who does not hold a work permit, when a work permit is required for such position under regulations promulgated by the Commission or Bureau.

            (g)        Any person who the Commission determines is qualified to receive a license or be found suitable under the provisions of this  act, may be issued a state gaming license or found suitable, as appropriate.  The burden of proving his qualification to receive any license or be found suitable is on the applicant.  A license to operate a gaming establishment must not be granted unless the applicant has satisfied the Commission that he or she has adequate business probity, competence and experience, in gaming; and the proposed financing of the entire operation is adequate for the nature of the proposed operation; and, from a suitable source.  An application to receive a license or be found suitable constitutes a request for a determination of the applicant’s general character, integrity, and ability to participate or engage in, or be associated with gaming, as appropriate.  The Commission may limit the license or place such conditions thereon, as it may deem necessary in the public interest.  The Commission may, if it considers necessary, issue a probationary license.  No state gaming license may be assigned either in whole or in part.  The Commission may limit or place such conditions, as it may deem necessary in the public interest upon any registration, finding of suitability or approval for which application has been made.  A licensee may be granted a temporary gaming license to operate a casino gaming facility during the construction phase of any licensed casino gaming facility, provided that no more than one temporary license be awarded for any licensed casino gaming facility, and provided further that no temporary license remain in force for a period in excess of twenty-four months.

            (h)        Any state license in force may be renewed by the Commission for the next succeeding license period upon proper application for renewal and payment of state license fees and taxes as required by law and the regulations of the Commission.  If any licensee or other person fails to renew his license the Commission may order the immediate closure of all his gaming activity until the license is renewed by the payment of the necessary fees, taxes, interest and any penalties.

            (i)         If satisfied that an applicant is eligible to receive a state gaming, manufacturing, selling, or distributing license, and upon tender of all license fees and taxes as required by law and regulation of the Commission; and a bond executed by the applicant as principal, and by a corporation qualified under the laws of the Commonwealth as surety, payable to the Commonwealth, and conditioned upon the payment of license fees and taxes and the faithful performance of all requirements imposed by law or regulation or the conditions of the license, the Commission shall issue and deliver to the applicant a license entitling him to engage in the gaming, manufacturing, selling or distributing operation for which he is licensed, together with an enumeration of the specific terms and conditions of the license.

            (j)         A license issued pursuant to the provisions of this act must be posted by the licensee and kept posted at all times in a conspicuous place in the area where gaming is conducted in the establishment for which the license is issued until it is replaced by a succeeding license.

            (k)        If the Commission is not satisfied that an applicant is qualified to be licensed under this act, the Commission may cause to be made such investigation into and conduct such hearings concerning the qualifications of the applicant in accordance with its regulations as it may deem necessary.

            (l)         The Commission has full and absolute power and authority to deny any application for any cause it deems reasonable.  If an application is denied, the Commission shall prepare and file its written decision upon which its order denying the application is based.

            (m)       A person who has had his application for a license denied or who has been found unsuitable by the Commission shall not retain his interest in a corporation, partnership, limited partnership, limited-liability company or joint venture beyond that period prescribed by the Commission; and shall not accept more for his interest in a corporation, partnership, limited partnership, limited limited-liability company or joint venture than he paid for it or the market value on the date of the denial of the license or the funding of unsuitability.

            (n)        The voluntary surrender of a license by a licensee does not become effective until accepted in the manner provided in the regulations of the Commission.  The surrender of a license does not relieve the former licensee of any penalties, fines, fees, taxes or interest due.

            (o)        The Bureau shall promptly and in reasonable order investigate all applications, enforce the provisions of this act and any regulations promulgated hereunder.  The Bureau shall provide the Commission with all information necessary for all actions requested of it under this act and for all proceedings involving enforcement of the provisions of this act or any regulations promulgated hereunder.

            (p)        The Bureau shall investigate the qualifications of each applicant before any license, certificate, or permit is issued pursuant to the provisions of this act; investigate the circumstances surrounding any act or transaction for which Commission approval is required; investigate violations of this act and regulations promulgated hereunder; initiate, prosecute and defend such proceedings before the Commission, or appeals therefrom, as the Bureau may deem appropriate; provide assistance upon request by the Commission in the consideration and promulgation of rules and regulations; conduct continuing reviews of licensed casino gaming facility operations through on-site observation and other reasonable means to assure compliance with this act and regulations promulgated hereunder; conduct audits of licensed casino gaming facility operations at such times, under such circumstances, and to such extent as the director shall determine, including reviews of accounting, administrative and financial records, and management control systems, procedures and records utilized by a license gaming facility licensee; and be entitled to request information, materials and any other data from any licensee or registrant, or applicant for a license or registration under this act.

            (q)        Each licensee or registrant, or applicant for a license or registration under this act shall cooperate with the Commission and the Bureau in the performance of their duties.

            (r)        The Bureau and its employees and agents, upon approval of the director, shall have the authority, without notice and without warrant to inspect and examine all premises wherein gaming is conducted; or gaming devices or equipment are manufactured, sold, distributed, or serviced, or wherein any records of such activities are prepared or maintained; to inspect all equipment and supplies in, about, upon or around such premises; to seize summarily and remove from such premises and impound any such equipment or supplies for the purpose of examination and inspection; to inspect, examine and audit all books, records, and documents pertaining to a gaming licensee’s operation; to seize, impound or assume physical control of any book, record, ledger, game, device, cash box and its contents, counting room or its equipment, or licensed casino gaming facility operations; and to inspect the person, and personal effects present in a license gaming facility licensed under this act, of any holder of a license or registration issued pursuant to this act while that person is present in a licensed casino gaming facility.

            (s)        Every licensed casino gaming facility must, upon receipt of criminal or civil process compelling testimony or production of documents in connection with any criminal investigation, immediately disclose such information to the Bureau.

            Section 10.  Licensing of Gaming Service Industries.

            (a)        All gaming service industries as defined in this act offering goods or services which directly relate to gaming activities or indirectly relate to gaming operations shall be licensed in accordance with rules of the Commission and prior to conducting any business whatsoever with a gaming applicant or licensee, its employees or agents, and in the case of a school, prior to enrollment of any students or offering of any courses to the public whether for compensation or not.  Gaming service industries that directly relate to gaming activities shall include gaming and wagering equipment manufacturers, suppliers and repairers, schools teaching gaming and either playing or dealing techniques, and gaming security services.  Gaming service industries that indirectly relate to gaming operations shall include junket enterprises; suppliers of alcoholic beverages, food and non-alcoholic beverages; garbage handlers; vending machine providers; linen suppliers; maintenance companies; shopkeepers located within the approved hotels; limousine services and construction companies contracting with gaming applicants or licensees or their employees or agents.

            (b)        Each gaming service industry, as well as its owners, management and supervisory personnel and other principal employees must qualify under standards promulgated by the Commission.

            (c)        The Commission may exempt any person or field of commerce from the licensing requirements of this subsection if the person or field of commerce demonstrates that it is regulated by a public agency or that it will provide goods or services in insubstantial or insignificant amounts or quantities, or provides professional services such as accountants, auditors, attorneys, or broker dealers, and that licensing is not deemed necessary in order to protect the public interest or to accomplish the policies established by this act.  Upon granting an exemption or at any time thereafter, the Commission may limit or place such restrictions thereupon as it may deem necessary in the public interest, and shall require the exempted person to cooperate with the Commission and the Bureau and, upon request, to provide information in the same manner as required of a gaming service industry licensed pursuant to this section.

            (d)        Licensure pursuant to this section of any gaming service industry may be denied to any applicant disqualified in accordance with the criteria contained in section seven of this act.

            (e)        There is hereby imposed and levied on each applicant for a Gaming Service Industry License under this section an annual license fee in the amount of Five Hundred Dollars ($500.00).

            Section 11.  Right to Hearing.

            Any person aggrieved by a determination by the Commission to issue, deny, modify, revoke or suspend any license or approval, or to issue an order, under the provisions of this act, may request an adjudicatory hearing before the Commission under the provisions of chapter thirty A of the general laws.  Any such determination shall contain a notice of this right to request a hearing and may specify a time limit, not to exceed twenty-one days, within which said person shall request said hearing.  If no such request is timely made, the determination shall be deemed assented to.  If a timely request is received, the Commission shall within a reasonable time act upon a request in accordance with the provisions of said chapter thirty A.

            A person aggrieved by a final decision in an adjudicatory hearing held under the provisions of this section may obtain judicial review thereof pursuant to the provisions of chapter thirty A.

            Section 12.  Criminal Acts and Penalties.

            (a)        Except as otherwise provided in this act or in chapter ten or in section seven A of chapter two hundred seventy-one of the general laws, it is unlawful for any person to deal, operate, carry on, conduct, maintain or expose for play in the Commonwealth of Massachusetts any gambling game, gaming device, or slot machine as defined by this act; to receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any gambling game, gaming device, or slot machine; to permit any gambling game, gaming device, or slot machine to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part; to lend, let, lease or otherwise deliver or furnish any equipment of any gambling game, including any slot machine, for any interest, percentage or share of the money or property played, under guise of any agreement whatever; to lend, let, lease or otherwise deliver or furnish, except by a bona fide sale or capital lease, any slot machine under guise of any agreement whereby any consideration is paid or is payable for the right to possess or use that slot machine, whether the consideration is measured by a percentage of the revenue derived from the machine or by a fixed fee or otherwise; to furnish services or property, real or personal, on the basis of a contract, lease or license, pursuant to which that person receives payments based on earnings or profits from any gambling game, including any slot machine, without having first procured a state gaming license from the Commission.

            (b)        Any person included on the list of persons to be excluded or ejected from a gambling establishment pursuant to regulations promulgated pursuant to this act who knowingly enters or remains on the premises of a licensed gambling establishment shall be punished by a fine to be determined by the Commission, in addition to any other penalties prescribed by law.

            (c)        Any person under the age of twenty-one years who plays, placed wagers at, or collects winnings from, whether personally or through an agent, any controlled game, or who is employed as an employee in a licensed casino gaming establishment shall be punished by imprisonment in the house of correction for not more than one year, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such imprisonment and fine.  A subsequent violation of this section shall subject a person to imprisonment in the house of correction for not more than two years, or by a fine of not more than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine.  Any licensee, or other person, who knowingly allows a person under the age of twenty-one to play, place wagers at or collect winnings, whether personally or through an agent, shall be punished by imprisonment in the house of correction for a term of not more than one year or pay a fine of not more than Twenty-five Thousand Dollars ($25,000.00), or by both such imprisonment and fine.  A subsequent violation of this section shall subject the licensee to imprisonment in the house of correction for not more than two years or pay a fine of not more than Fifty Thousand Dollars ($50,000.00) or by both such imprisonment and fine.  In any prosecution or other proceeding for the violation of this subsection, it shall not be a defense for the licensee or his agent to please that he believed the person to be twenty-one years of age or older.

            (d)        Any person who willfully fails to report, pay, or truthfully account for and pay over any license registration fee, penalty, fine or interest thereon imposed by this act, or willfully attempts in any manner to evade or defeat the license fee, penalty, fine, or interest thereon or payment thereof shall be punished by a fine to be determined by the Commission.

            (e)        Any person who willfully resists, prevents, impedes, or interferes with the Commission or the Bureau or any of their agents or employees in the performance of duties pursuant to this act shall be punished by a fine to be determined by the Commission, in addition to any other penalties prescribed by law.

            (f)        Any person who willfully violates, attempts to violate, or conspires to violate any provision of a regulation adopted pursuant to this chapter shall be punished by a fine to be determined by the Commission, in addition to any other penalties prescribed by law.

            (g)        Any person, as owner, lessee, or employee, whether for hire or not, either solely or in conjunction with others, who shall do any of the following without having first procured and thereafter maintained in effect all licenses required by law:

                        (1)        To deal, operate, carry on, conduct, maintain or expose for play in this state any controlled game or gaming equipment used in connection with any controlled game.

                        (2)        To receive, directly or indirectly, any compensation or reward or any percentage or share of the revenue, for keeping, running, or carrying on any controlled game, or owning the real property or location in which any controlled game occurs.

                        (3)        To manufacture or distribute within the territorial boundaries of the Commonwealth any gaming equipment to be used in connection with controlled gaming shall be punished by imprisonment in the state prison for not more than five years, or by imprisonment in the house of corrections for not more than two and one-half years, or by a fine of not more than Twenty-five Thousand Dollars ($25,000.00) or by both such imprisonment and fine.

            (h)        Any person who knowingly permits any controlled game to be conducted, operated, dealt, or carried on in any house or building or other premises that he or she owns or leases, in whole or in part, if that activity is undertaken by a person who is not licensed as required by state law shall be punished by imprisonment in state prison for not more than five years, or by imprisonment in the house of corrections for not more than one year, or by a fine of not less than Twenty-five Thousand Dollars ($25,000.00), or by both such imprisonment and fine.

            (i)         Any former Commission member who, within three years after his employment on said Commission has ceased, solicits or accepts employment with or provides consultant services to any licensee or at any licensed casino gaming facility shall be deemed to have violated chapter two hundred sixty-eight (b) of the general laws.  Any licensed casino gaming facility which employs a former Commission member in violation of this subsection shall be punishable by a fine to be determined by the Commission.

            (j)         It is unlawful for any person:

                        (1)        To alter or misrepresent the outcome of a game or other event on which wagers have been made after the outcome is determined but before it is revealed to the players.

                        (2)        Knowingly to entice or induce another to go to any place where gaming is being conducted or operated in violation of the provisions of this chapter, with the intent that the other person play or participate in that gaming.

                        (3)        To manipulate, with the intent to cheat, any component of a gaming device in a manner contrary to the designed and normal operational purpose for the component, including but not limited to, varying the pull of the handled of a slot machine, with knowledge that the manipulation affects or reasonably may tend to affect the outcome of the game or with knowledge of any event that affects the outcome of the game.  As used in this section, “cheat” means to alter the selection of criteria which determine:  (a) the results of a game; or (b) the amount or frequency of payment in a game.

                        (4)        To have on his person or in his possession on or off the premises of any licensed casino gaming establishment any key or device known to have been designed for the purpose of and suitable for opening, entering or affecting the operation of any gaming or equipment, or for removing money or other contents therefrom, except where such person is a duly authorized employee of a licensee acting in furtherance of his employment within a licensed casino gaming establishment.  A violation of this section shall be punishable by imprisonment in the house of corrections for not more than five years or by a fine of not more than Fifty Thousand Dollars ($50,000.00), or by both such imprisonment and fine.

            (k)        Any individual who commits, attempts, or conspires to commit skimming, as defined by this act, for a total value of less than One Thousand Dollars ($1,000.00) against a gaming licensee or upon the premises of a licensed casino gaming facility shall be punished by imprisonment in the house of corrections for not more than five years and by a fine of not more than Fifty Thousand Dollars ($50,000.00), or by imprisonment in the house of corrections for not more than ten years and by a fine of not more than One Hundred Thousand Dollars ($100,000.00) if the total value is more than One Thousand Dollars ($1,000.00).

            (l)         In addition to any other penalty imposed under this section, a violation of this section by a licensed casino gaming establishment shall subject to forfeiture to the Commonwealth any or all of the gaming equipment related to the violation.  A district attorney may petition the superior court in the name of the Commonwealth in the nature of a proceeding in rem to order forfeiture of any such gaming equipment subject to forfeiture under the provisions of this paragraph.  Such petition shall be filed in the court having jurisdiction over said gaming equipment or having final jurisdiction over any related criminal proceedings brought under any provision of this chapter.  In all such suits where the property is claimed by any person, other than the Commonwealth, the Commonwealth shall have the burden of proving to the court the existence of probable cause to institute the action, and any such claimant shall then have the burden of proving that the gaming equipment is not forfeitable.  The court shall order the Commonwealth to give notice by certified or registered mail to the owner of said gaming equipment and to such other persons as appear to have an interest therein, and the court shall promptly but not less than two weeks after notice, hold a hearing on the petition.  Upon the motion of the owner of said gaming equipment the court may continue the hearing on the petition pending the outcome of any criminal trial related to the violation of this chapter.  At such hearing the court shall hear evidence and make conclusions of law, and shall thereupon issue a final order, from which the parties shall have a right of appeal.  In all such suits where a final order results in a forfeiture, said final order shall provide for disposition of said gaming equipment, by the Commonwealth in any manner not prohibited by law, including official use by an authorized law enforcement or other public agency, or sale at public auction or by competitive bidding.  The proceeds of any such sale shall be used to pay the reasonable expenses of the forfeiture proceedings, seizure, storage, maintenance of custody, advertising, and notice, and the balance thereof shall be deposited in the gaming regulatory account established by this chapter.

            Section 13.  Violations of Act.

            (a)        All licensees, all registrants, all persons required to be qualified under this act, and all persons employed by a gaming service industry licensed pursuant to this act, shall have a duty to inform the Commission or Bureau of any action which they believe would constitute a violation of this act.  No person who so informs the Commission or the Bureau shall be discriminated against by an applicant, licensee or registrant because of the supplying of such information.

            (b)        Any gaming licensee, or its officers, employees or agents may question any person in its establishment suspected of violating any of the provisions of this act.  No gaming licensee or any of its officers, employees or agents is criminally or civilly liable: 

                        (1)        On account of any such questioning.

                        (2)        For reporting to the executive director or law enforcement authorities the person suspected of the violation.

            (c)        Any gaming licensee or any of his officers, employees or agents who has reasonable cause for believing that there has been a violation of this article in his establishment by any person may take that person into custody and detain him in the establishment in a reasonable manner and for a reasonable length of time.  Such a taking into custody and detention does not render the licensee or his officers, employees or agents criminally or civilly liable unless it is established by clear and convincing evidence that the taking into custody and detention are unreasonable under all the circumstances.

            (d)        No gaming licensee or its officers, employees or agents are entitled to the immunity from liability provided for in subsection (c) unless there is displayed in a conspicuous place in his establishment a notice in boldface type clearly legible and in substantially this form:  Any gaming licensee, or any of his officers, employees or agents who has reasonable cause for believing that any person has violated any provision of the Massachusetts Gaming Control Act prohibiting cheating in gaming may detain that person in the establishment.

            Section 14.  Taxes:  License Fees; Penalties.

            (a)        There is hereby established a gaming investigative account.  Any and all expenses associated with the licensing of any applicant and monitoring of any licensee shall be borne by the applicant or licensee.  Pursuant to its regulations, the Commission shall require each applicant to deposit with the Commission, together with the application therefore, an application fee which shall be deposited in the gaming investigative account.  Such fee shall constitute the anticipated costs and charges incurred in the investigation and processing of the application, and any additional sums as are required by the Commission and the Bureau to pay final costs and charges.  Expenses may be advanced from the gaming investigative account by the Commission to the Bureau.  Any money received from an applicant in excess of the costs and charges incurred in the investigation or the processing of the application shall be refunded pursuant to regulations adopted by the Commission.  At the conclusion of the investigation, the Bureau shall provide the applicant a written accounting of the costs and charges so incurred.

            (b)        There is hereby established a gaming regulatory account.  Funds deposited in the gaming regulatory account shall be expended for the support of the Commission and Bureau in carrying out their duties and responsibilities under this act.  The Commission and the Bureau shall issue regulations which apportion all expenses of the Commission and the Bureau in addition to those set out in paragraph (a) of this section, among all gaming licensees on a fair and reasonable basis.

            (c)        All fees, revenue, and penalties collected pursuant to this act, with the exception of those revenues collected as stated in section fifteen (a) and section 16 (a) and (b) of this act, shall be deposited in the general fund.  Funds deposited in the general fund, pursuant to this act, shall, subject to appropriation, be distributed as stated in section seventeen and section eighteen of this act.

            (d)        All revenue received from any game or gaming device which is leased for operation on the premises of the licensee-owner to a person other than the owner thereof, or located in an area or space on the premises which is leased by the licensee-owner to any such person, must be attributed to the owner for the purposes of this section and be counted as part of the gross revenue of the owner.  The lessee is liable to the owner for his proportionate share of the license fees.

            (e)        All gaming license fees and penalties imposed by the provisions of this act must be paid to the state treasurer to be deposited into the general fund.  Fees shall be paid annually on or before June twentieth.  Penalties imposed under this act shall be paid with thirty days of the final determination to the Commission of the violation.

            Section 15.  Gaming Tax Payable to the Commission.

            (a)        Each licensed operator within the Commonwealth shall pay to the Commission weekly as the Commission shall direct a gaming tax in the amount equal to seven and a half percent (7.5%) of the gaming revenue of each licensed casino gaming facility.  All revenue collected as provided in section fifteen (a) of this act shall be deposited into the Local Aid Fund created pursuant to chapter 29 and shall be used solely for payment to cities, towns and districts and for the reduction of property taxes in accordance with the formula provided in chapter 29, provided further that one-half of said revenue shall be expended for educational purposes.

            (b)        Provided that each licensed operator shall receive as an offset from any amount due under section fourteen (a) any amount assessed by the Commission pursuant to section twelve (b) to cover the licensed operator’s pro rata share of the regulatory costs of the Commission.  Such regulatory costs shall not include any investigation expense or application fee assessed by the Commission pursuant to section fourteen (a).

            Section 16.  Gaming Tax Payable to Municipalities.

            (a)        Each licensed operator within the Commonwealth shall pay to the municipality or political subdivision within which jurisdiction said facility shall be located, an additional gaming tax in an amount equal to one and one-half percent (1 1/2%) of its  gaming revenues.

(b)         Each licensed operator within the Commonwealth shall pay an additional

gaming tax in an amount equal to one and one half percent (1 1/2%) of its gaming revenues to be distributed to each city and town in the Commonwealth which is immediately contiguous to the municipality within which jurisdiction said facility is located, said distribution to be made proportionate to the population of each contiguous community.

(c)          No municipality or other political subdivision shall impose any additional

license fee or gaming tax on any person or equipment licensed to conduct gaming pursuant to this act.  Nothing herein precludes the imposition of customary local taxes and fees applicable to other non-gaming businesses in the municipality or political subdivision.

            Section 17.  Gaming Tax Payable to Treat Problem Gambling.

            (a)        Each licensed operator within the Commonwealth shall pay to the Commission as the Commission shall direct a gaming tax in an amount equal to fifteen per cent of one per cent (.15%) of the gaming revenue to be used exclusively in preventing and treating compulsive gambling behavior.

            (b)        The Department of Public Health is hereby authorized and directed to conduct a comprehensive study to measure the prevalence of compulsive, obsessive behaviors in Massachusetts; to measure the prevalence of problem gambling in Massachusetts; to measure the prevalence of underage problem gambling in Massachusetts; and, to measure the social cost of problem gambling in Massachusetts; and to develop appropriate treatment modalities and public education strategies that address the findings of said study.

            Section 18.  Gaming Tax Payable for Law Enforcement.

Each licensed operator within the Commonwealth shall pay to the Commission as the Commission shall direct a gaming tax in an amount equal to thirty-five per cent of one per cent (.35%) of the gaming revenue to be used exclusively for law enforcement purposes including contributions annually to the budgets of the attorney general, district attorneys and courts.

            Section 19.  Internal Control System. 

            (a)        Each gaming licensee shall adopt an internal control system which shall include but not be limited to provisions for:

                        (1)        The safeguarding of its assets and revenues, especially the recording of cash and evidences of indebtedness.

                        (2)        The provision of reliable records accounts and reports of transactions, operations and events, including reports to the executive director and the Commission.

            (b)        The internal control system must be designed to reasonably ensure that:

                        (1)        Assets are safeguarded.

                        (2)        Financial records are accurate and reliable.

                        (3)        Transactions are performed only in accordance with management’s general or specific authorization.

                        (4)        Transactions are recorded adequately to permit proper reporting of gaming revenue and of fees and taxes, and to maintain accountability for assets.

                        (5)        Access to assets is permitted only in accordance with management’s specific authorization.

                        (6)        Recorded accountability for assets is compared with actual assets at reasonable intervals and appropriate action is taken with respect to any discrepancies.

                        (7)        Functions, duties and responsibilities are appropriately segregated and performed in accordance with sound practices by competent, qualified personnel.

            (c)        Each gaming licensee and each applicant for a gaming license shall describe, in such manner as the executive director may approve or require, its administrative and accounting procedures in detail in a written system of internal control.  Each gaming licensee and applicant for a gaming license shall submit a copy of its written system to the executive director.  Each written system must include:

                        (1)        An organizational chart depicting appropriate segregation of functions and responsibilities.

                        (2)        A description of the duties and responsibilities of each position shown on the organizational chart.

                        (3)        A detailed, narrative description of the administrative and accounting procedures designed to satisfy the requirements of subsection a.

                        (4)        A written statement signed by the licensee’s chief financial officer and either the licensee’s chief executive officer or a licensed owner attesting that the system satisfies the requirements of this section.

                        (5)        If the written system is submitted by an applicant, a letter from an independent accountant stating that the applicant’s written system has been reviewed by the accountant and complies with the requirements of this section.

                        (6)        Such other items as the executive director may require.

            (d)        The executive director, with the advice of the Commission, shall adopt and publish minimum standards for internal control procedures.

            Section 20.  Gaming Debts.

            (a)        Whenever a licensee refuses payment of alleged winnings to a patron, the licensee and the patron are unable to resolve the dispute to the satisfaction of the patron and the dispute involves: (1) at least Five Hundred Dollars ($500.00), the licensee shall immediately notify the Bureau; or (2) less than Five Hundred Dollars ($500.00), the licensee shall inform the patron of his right to request that the Bureau conduct an investigation.

                        The Bureau shall conduct whatever investigation it deems necessary and shall determine, in its sole discretion and without need for a hearing, whether payment should be done.  In the event the Bureau determines that payment should be made, all costs of the investigation shall be borne by the licensee.  Failure of the licensee to notify the Bureau or inform the patron as provided herein shall subject the licensee to disciplinary action.

            (b)        Any party aggrieved by the determination of the Bureau may file a petition for reconsideration with the Commission setting forth the basis of the request for reconsideration.  Any hearing for reconsideration shall be conducted pursuant to regulations adopted by the Commission.

            (c)        A credit instrument evidencing a gaming debt may be enforced by a licensee by legal process.

            (d)        A licensee or person acting on the licensee’s behalf may accept an incomplete credit instrument which:

                        (1)        Is signed by a patron.

                        (2)        States the amount of the debt in figures and may complete the instrument as is necessary for the instrument to be presented for payment.

            (e)        A licensee or person acting on behalf of a licensee:

(1)               May not accept a credit instrument, which is incomplete, except as

authorized in subsection (d) of this section.                           

(2)               May accept a credit instrument that is payable to an affiliate or

affiliated company or may complete a credit instrument in the name of an affiliate or affiliated company as payout if the credit instrument otherwise complies with this section and the records of the affiliate or an affiliated company pertaining to the credit instrument are made available to the executive director upon request.

            (f)        This section does not prohibit the establishment of an account by a deposit of cash, recognized traveler’s check, or any other instrument which is equivalent to cash.             Section 21.  Severability.

                        The invalidity of any section, sections or subsections or parts of this act shall not affect the validity of the remainder of this act.”

Floor Number: 476 

PUBLIC EMPLOYEES SERVING IN THE ARMED FORCES OF THE UNITED STATES.

Ms. Menard,  Mr. Moore, Mr. Tarr,  Mr. Knapik,  Mr. Rosenberg and Mr. O'Leary move to amend the bill by inserting, after Section 73, the following new Section 73A:-

SECTION 73A.  “Notwithstanding any general or special law to the contrary, an employee in the service of the commonwealth, or of a county, city or town that accepts this section as provided in this section, who has been granted a military leave of absence because the employee is a member of the army national guard, the air national guard or a reserve component of the armed forces of the United States called to active service in the armed forces of the United States after September 11, 2001, shall be entitled to receive pay at his regular base salary as such a public employee, and shall not lose any seniority or any accrued vacation leave, sick leave, personal leave, compensation time or earned overtime.  An employee eligible under this section shall be paid his regular base salary as such a public employee reduced by any amount received from the United States as pay or allowance for military service performed during the same pay period, excluding overtime pay, shift differential pay, hazardous duty pay or any other additional compensation.  For the purposes of this section, the term "active service" shall not include active duty for training in the army national guard or air national guard or as a reservist in the armed forces of the United States.  This section shall take effect in a county, city or town upon its acceptance in a county, by vote of the county commissioners; and in a city or town, as provided in section 4 of chapter 4. 

SECTION 2.  This act shall cease to be effective on September 11, 2003.”

Floor Number: 477

                                                               TECHNICAL CHANGE (REDESIGNATION)

Mr. Lees moves to amend the bill by inserting, after Section ___, the following new Section:-

“SECTION ___.  “Nomans Island,” a 628-acre island south of Martha’s Vineyard, will now be known as “Montigny’s Island.”

Floor Number: 478

ALLSTON/BRIGHTON TOLL FREEZE

Mr. Tolman moves to amend the bill by inserting after Section 84 the following new Section:-

“SECTION 85.  Notwithstanding the provisions of any general or special law or rule or regulation to the contrary, the Massachusetts Turnpike Authority may not charge and collect tolls for transit through the Allston-Brighton exit and entrance on the Turnpike by private passenger vehicles registered in the Allston and Brighton sections of the city of Boston, as the Boston transportation department has determined the geographical boundaries of said sections, that are greater than the tolls in effect for such Allston and Brighton vehicles at said exit as of January 1, 2001.”

Floor Number: 479                                                                                                               

Mr. Glodis of Worcester moves to amend the bill by inserting, after Section 84, the following new section:-

“SECTION_____.  Low speed vehicles, as defined in 49 C.F.R. § 571.500, shall not be operated on roadways with speed limits in excess of 25 m.p.h.; provided, however, that said vehicles may cross a roadway with a speed limit of between 25 m.p.h. and 35 m.p.h. and if the crossing is controlled by a traffic signal or stop signs; and provided further that operation of said vehicles shall be prohibited on any roadway or crossing determined by the department, agency, or municipality with jurisdiction to be inappropriate for the use of such a vehicle.” 

Floor Number: 480                                                               Clerk Number: 109

ARMORED CAR COMPANIES AND ARMORED CAR GUARDS

Mr. Glodis of Worcester moves that the bill be amended by inserting, after Section 84, the following sections:

“SECTION _______.   Chapter 90 of the General Laws, as appearing in the 1996 Official

Edition, is hereby amended by inserting after section 20F the following section:

Section 20G. Notwithstanding the provision of sections 20 and 20A, an armored vehicle

used for the transportation of currency, valuables, jewelry, food stamps or any other high

value items, may park for a period not to exceed fifteen minutes in violation of any rule,

order, ordinance or by-law regarding the parking of motor vehicles without being subject

to a violation notice. 

SECTION ______.   The Secretary of Public Safety shall promulgate rules and

 regulations relative to the licensing of armored car companies and the licensing and

training of armored car guards.  In such licensing, the Secretary shall require the

holder of a license for an armored car company to submit to background checks, to

 make available corporate tax returns that are filed in the Commonwealth for two

 prior years,  and to provide proof of all risk-insurance at levels sufficient to protect the

citizens of the Commonwealth.  Armored Car Companies shall submit to any and all

 licensing requirements established by the Secretary after consultation with the

Armored Car Advisory Board.  The Armored Car Advisory Board shall be comprised of

five members representing armored car companies operating within the Commonwealth. 

Such members shall be appointed by the Secretary and shall receive no compensation for

any and all services rendered under this Section. 

In establishing such a licensing program, the Secretary shall require armored car guard

applicants to submit to criminal history background checks, including a review of

criminal records  through the Federal Bureau of Investigation.

 The Secretary shall also require armored car guard applicants to complete a

training program, classroom and field, to be developed by the Secretary in conjunction

with the Criminal Justice Training Council and The Armored Car Advisory Board.  Any training program established pursuant to this Section shall be germane to the duties and responsibilities of armored car guards.

Armored car companies licensed under this Section shall determine their own operational requirements. Promulgation of rules and regulations relative to this Section shall be completed no later than one year from the passage of this act. 

The training and licensing programs established under this Section shall be in compliance with the requirements of the Armored Car Reciprocity Act as amended by Public Law 105-287.

Floor Number: 481                                                               Redraft

ALLOWING CITIES TO RECOVER CERTAIN COSTS

Ms. Wilkerson moves to amend the bill by inserting, after Section 40, the following new Section: -

Section 40A.  The fifth paragraph of section 2 of chapter 263 of the acts of 1929, as most recently amended by chapter 276 of the acts of 1968, is hereby further amended by striking out, in line 27, the words “twelve dollars” and inserting in place thereof the words:- the maximum charges that may be established by the department of telecommunications and energy pursuant to section 6 of chapter one hundred fifty nine B of the general laws.  This provision shall be effective upon its acceptance by the City of Boston.

Ms. Wilkerson and Mr. Joyce  move to amend the bill by inserting, after Section 83, the following new Section: -

“Section 83A.   (a) There shall be a special commission to investigate, study, and report on the feasibility of the sale of the Hynes convention center (“Hynes”) upon the completion of the new Boston Convention and Exhibition Center (“BCEC”). The commission shall consist of eleven members: the chairpersons of the legislative joint committee on state administration, once of whom shall serve as the chair of the commission, the secretary of the executive office of administration and finance, the director of the Massachusetts office of travel and tourism, two members of the house of representatives to be appointed by the speaker, two members of the senate to be appointed by the senate president, and one member to be appointed by the governor, one member of the Massachusetts convention center authority board, and one member appointed by the Mayor of the City of Boston.

(b) The commission shall study factors including, but not be limited to: a fiscal analysis of the potential revenue to be gained by sale of the Hynes; an examination of alternative uses of and the marketability of the Hynes, including but not limited to, use for housing, entertainment, hotel, casino gaming, or other use; a cost-benefit analysis of the impact of closure of the Hynes on adjacent businesses; the impact on bookings for the BCEC if the Hynes were to remain open; and any other economic indicators that may be deemed relevant. In gathering information, said commission shall focus on the highest potential revenue from the sale and on the maximization of the proposed use of this urban space.

(c) The appointments shall be made no later than September 1, 2002. The members of the commission shall serve without compensation. The commission shall report the results of its study, together with a list of its findings and recommendation, by filing the same with the house and senate committees on ways and means, the joint committee on state administration, the clerk of the house of representatives, and the clerk of the senate no later than December 31, 2002.”

Floor Number: 483

DIRECTOR OF THE MASS. FIREFIGHTING ACADEMY

Mr. Glodis of Worcester moves to amend the bill by inserting, after Section 84, the following new section:-

“SECTION ____.  Section 3 of chapter 32 of the Massachusetts General Laws, as so appearing, is hereby amended by inserting, in lines 302 and 303, as appearing in the 2000 Official Edition, after the words “fire marshal” the following words: “and the director of the Massachusetts firefighting academy”.

Floor Number: 484                                                                              

Mr. Glodis and Mr. Hedlund moves to amend the bill (Senate No. 2300) by inserting at the end thereof the following two sections:-

“SECTION ______.  Section 2 of Chapter 21 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 2, the word “seven and inserting in place thereof the following word:- “eight”.

SECTION        .  Section 2A of said chapter 21 is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The commissioner shall request each of the boards of trustees or directors of the Massachusetts Audubon Society, the Massachusetts Chapter of the Appalachian Mountain Club, the Massachusetts Chapter of the Sierra Club, and the Trustees of Reservations, to nominate three candidates for the seventh member of the board.  The commissioner shall also request each of the boards of directors of the Snowmobile Association of Massachusetts, the New England Trail Riders Association, the Massachusetts All Terrain Vehicle Association and the Massachusetts Motorcycle Business Association or their successor organizations, to nominate three candidates for the eighth member of the board.  From the nominations received from the several boards of such organizations for the seventh member of the board, the commissioner shall select three candidates for the seventh member of the board whom he shall recommend to the governor and from the nominations received from the several boards of such organizations for the eighth member of the board, the commissioner shall select three candidates for the eighth member of the board whom he shall recommend to the governor.  The governor shall appoint the seventh and eighth members of the board, respectively, from among the candidates recommended by the commissioner for the seventh and eighth members of the board, respectively, which members shall be appointed without regard to the county membership restrictions outlined above.”

Floor Number: 485 

Mr. Berry moves to amend the bill by inserting, after Section eighty-four,

the following new Section:-

“SECTION 85.       A decision of the Drug Utilization Review Board, Division of Medical Assistance, or any other organization acting on behalf of a state agency limiting, prior authorizing or otherwise restricting access to a drug shall be supported by a clinical determination that is documented in writing and available to the public upon request.  Following any such decision, but prior to its implementation, a public hearing shall be held consistent with the requirements of Massachusetts General Law c. 30A, et seq.”  

Floor Number: 486 

Mr. Berry moves that the bill be amended by adding at the end of Section eighty-four, the following new Section:-

SECTION ___.            Section 1 through Section 10 shall be known as and referred to as the "Simplified Sales and Use Tax Administration Act".

      Section 2.       As used in this Act:

      a. "Agreement" means the Streamlined Sales and Use Tax Agreement.

      b. "Certified Automated System," means software certified jointly by the states that are signatories to the Agreement to calculate the tax impose by each jurisdiction on a transaction, determine the amount of tax to remit to the appropriate state, and maintain a record of the transaction.

      c. "Certified Service Provider" means an agent certified jointly by the states that are signatories to the Agreement to perform all of the seller's sales tax functions.

      d. "Person" means an individual, trust, estate, fiduciary, partnership, limited liability company, limited liability partnership, corporation, or any other legal entity.

      e. "Sales Tax" means the tax levied under M.G.L. c. 64H.

      f. "Seller" means any person making sales, leases, or rentals of

personal property or services.

      g.  "State" means any state of the United States and the District of Columbia.

      h. "Use Tax" means the tax levied under M.G.L. c. 641.

Section 3.      The Commonwealth of Massachusetts finds that a simplified sales and use tax system will reduce and over time eliminate the burden and cost for vendors to collect this state's sales and use tax. The Commonwealth of Massachusetts further finds that this state should participate in multi-state discussions to review and/or amend the terms of the Agreement to simplify and modernize sales and use tax administration in order to substantially reduce the burden of tax compliance for all sellers and all types of commerce. 

Section 4.      For the purpose of reviewing and/or amending the Agreement embodying the simplification requirements as contained in Section 7 of this Act, the State shall enter into multi-state discussions. For purposes of such discussions, the State shall be represented by no more than four delegates, two of which shall be appointed by the Governor, one of which shall represent the Department of Revenue and one of which shall represent the Retailers Association of Massachusetts, and one of which shall be appointed by the President of the Senate, and one of which appointed by the Speaker of the House of Representatives.  

Section 5.      The Massachusetts Department of Revenue is authorized and directed to enter into the Streamlined Sales and Use Tax Agreement with one or more states to simplify and modernize sales and use tax administration in order to substantially reduce the burden of tax compliance for all sellers and for all types of commerce. In furtherance of the Agreement, the Massachusetts Department of Revenue is authorized to act jointly with other states that are members of the Agreement to establish standards for certification of a certified service provider and certified automated system and establish performance standards for multi-state sellers.

The Massachusetts Department of Revenue is further authorized to take other actions reasonably required to implement the provisions set forth in this Act or to otherwise substantially reduce the administrative burdens associated with sales and use tax compliance. Other actions authorized by this section include, but are not limited to, the adoption of rules and regulations and the joint procurement, with other member states of goods and services in furtherance of the cooperative agreement.

The Massachusetts Department of Revenue or the Massachusetts Department of Revenue's designee is authorized to represent this state before the other states that are signatories to the Agreement.

Section 6.       No provision of the Agreement authorized by this Act in whole or in part invalidates or amends any provision of the laws of this state. Adoption of the Agreement by this State does not amend or modify any law of this State.  Implementation of any condition of the Agreement in this state, whether adopted before, at, or after membership of this state in the Agreement, must be by the action of this state.

Section 7.       The Massachusetts Department of Revenue shall not enter into the

         a. Simplified State Rate. The agreement must set restrictions to limit over time the number of state rates.

         b. Uniform Standards. The Agreement must establish uniform standards for the following:

            1. The sourcing of transactions to taxing jurisdictions.

            2. The administration of exempt sales.

            3. Sales and use tax returns and remittances.

         c. Central Registration. The Agreement must provide a central,

electronic registration system that allows a seller to register to collect and remit sales and use taxes for all signatory states.

         d. No Nexus Attribution. The Agreement must provide that registration with the central registration system and the collection of sales and use taxes in the signatory states will not be used as a factor in determining whether the seller has nexus with a state for any tax.

         e. Local Sales and Use Taxes. The Agreement must provide for

reduction of the burdens of complying with local sales and use taxes through the following:

            1. Restricting variances between the state and local tax bases.

            2. Requiring states to administer any sales and use taxes levied by local jurisdictions within the state so that sellers collecting and remitting these taxes will not have to register or file returns with, remit funds to, or be subject to independent audits from local taxing jurisdictions.

            3. Restricting the frequency of changes in the local sales and use tax rates and setting effective dates for the application of local jurisdictional boundary changes to local sales and use taxes.

            4. Providing notice of changes in local sales and use tax rates and of changes in the boundaries of local taxing jurisdictions.

         f. Monetary Allowances. The agreement must outline any monetary

allowances that are to be provided by the states to sellers or certified

service providers. The Agreement must allow for a joint public and private sector study of the compliance cost on sellers and certified service providers to collect sales and use taxes for state and local governments under various levels of complexity to be completed July 1, 2002.

         g. State Compliance. The Agreement must require each state to certify compliance with the terms of the Agreement prior to joining and to maintain compliance, under the laws of the member state, with all provisions of the Agreement while a member.

         h. Consumer Privacy. The Agreement must require each state to adopt a uniform policy for Certified Service Providers that protects the privacy of consumers and maintains the confidentiality of tax information.

         i. Advisory Councils. The Agreement must provide for the appointment of an advisory council of private sector representatives and an advisory council of non-member state representatives to consult with in the administration of the Agreement.

      Section 8.      The Agreement authorized by this Act is an accord among individual

cooperating sovereigns in furtherance of their governmental functions. The Agreement provides a mechanism among the member states to establish and maintain a cooperative, simplified system for the application and

administration of sales and use taxes under the duly adopted law of each

member state.

      Section 9.      No provision of the Agreement authorized by this Act in whole or part invalidates or amends any provision of the law of this state. Adoption of the Agreement by this state does not amend or modify any law of this State.  Implementation of any condition of the Agreement in this state, whether adopted before, at, or after membership of this state in the Agreement, must be by the action of this state.

      Section 10.       The Agreement authorized by this Act binds and inures only to the

benefit of this state and the other member states. No person is an intended beneficiary of the Agreement.

      Section 11.      Any benefit to a person is established by the law of this state and the other member states and not by the terms of the Agreement. No law of this state, or the application thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the Agreement. No person shall have any cause of action or defense under the Agreement or by virtue of this state's approval of the Agreement. No person may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of this state, or any political subdivision of this state on the ground that the action or inaction is inconsistent with the Agreement.

      Section 12.      Sections 1 through 11 of this act are effective 90 days after passage of this act.

Mr. Berry of Peabody, Mr. Knapik of Westfield, Mr. Morrissey of Quincy, and Mr. Tisei of Wakefield, move to amend the bill by adding at the end of Section eighty-four, the following new Section:-

SECTION______.                Section 2 of Chapter 164 of the General Laws, as appearing in the 2000 Official Edition is hereby amended by striking out in line 37 of subsection (f) of Section 47A, the following word “shall”  and inserting in place thereof the following word:- “may”  

Mr. Berry moves to amend the bill by adding at the end of Section eighty-four, the following new Section:-