and by further amending said section by striking out the third sentence and inserting in place thereof the following sentence:B To the extent practicable, the voluntary services of trail‑using organizations and individuals shall be utilized in carrying out the work authorized hereunder; provided, however, the commissioner of the department of environmental management may require a trail motorcycle club which is a member of the New England Trail Rider Association or its successor organization or a all terrain vehicle club which is a member of the Massachusetts All Terrain Vehicle Association or its successor organization, or both, to sign a memorandum of agreement for trail maintenance in each location meeting or which need to meet the standards of the first and second sentences; provided, further, if said commissioner requires a memorandum of agreement to be signed for a particular location and there is no said trail motorcycle club or all terrain vehicle club available to sign said agreement, then riding of that particular type of vehicle shall be prohibited until there is a said club available to sign and said club signs a memorandum.”

Floor Number: 505 Clerk Number: 223

EXTENDING FINANCING FOR THE COLONIAL THEATRE

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

“SECTION___. Section 1 of chapter 55 of the acts of 1999 is hereby amended by inserting after the words “June 30, 2003”, the following words:- “provided that appropriations made in section 2A, in item 0526-0111 for the Colonial Theatre in the city of Pittsfield shall not expire until June 30, 2005.”

Floor Number: 506 Clerk Number: 225

EDUCATION FUNDING FAIRNESS STUDY

Mr. O’Leary and Mr. Tarr move to amend the bill by inserting after Section 84, the following new Section:-

“SECTION 85. (a) There shall be a special commission appointed to study and report on the potential inequities in the distribution of state education aid to communities that (i) have median incomes below the state average and (ii) currently receive less than twenty-five percent of their net school spending from Chapter 70.

(b) The Commission shall consist of 10 members: the commissioner of the department of education or his designee; the speaker of the house or his designee; the senate president or his designee; the house and senate chairs of the joint education committee or their designees; 1 representative each from the north shore, the south shore, and the cape and islands to be appointed by the governor; 1 representative of the Massachusetts Teacher’s Association; and 1 representative of the Massachusetts Association of School Committees. The commission may consult with other government agencies, both federal and state, as well as with other consultants in the field of education and finance.

(c) The special commission shall submit a report with recommendations, including proposed legislation and proposed rules or regulations, to the house and senate committees on education, the governor, and the foundation budget review commission within 6 months of passage of this act.”

Floor Number: 507 Clerk Number: 238

EXTENDING FINANCING FOR THE ECU-HEALTH CARE PROJECT

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

“SECTION___. Section 21 of chapter 47 of the acts of 1997 is hereby amended by striking out the numeral “2002” and inserting in place thereof the following:- “2007”.

Floor Number: 508 Clerk Number: 251

BOARD OF REGISTRATION IN MEDICINE TRUST FUND

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

Section__________. Section 35M, chapter 10 of the Massachusetts General Laws as appearing in the 2000 Official Edition is amended by striking said section and replacing therein the following:-

Board of registration in medicine trust fund. There shall be established upon the books of the commonwealth a separate fund to be known as the Board of Registration in Medicine Trust Fund to be used, without prior appropriation, by said board established in section ten of chapter thirteen. One hundred percent of the revenues collected by said board shall be deposited into said trust fund. All monies deposited into said fund shall be expended exclusively by the board for its operations and administration; provided, however, that any unexpended balance at the end of the fiscal year shall revert to the General Fund. The board may incur expenses, and the comptroller may certify for payment, amounts in anticipation of expected receipts; provided, however, that no expenditure shall be made from said fund which shall cause said fund to be in deficit at the close of each fiscal year.

Floor Number: 509 Clerk Number: 254

CHIEF JUSTICE FOR ADMINISTRATION AND MANAGEMENT

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

“SECTION _______. Notwithstanding the provisions of paragraph (a) of subsection (xxiii) of section 9 of Chapter 211B of the General Laws, the chief justice for administration and management may, from the effective date of this act through June 30, 2003, transfer funds from any item of appropriation of any trial court department to any other item of appropriation within the trial court department; provided that said transfers shall be made in accordance with schedules submitted to the house and senate committees on ways and means. No such transfer shall occur until 10 days after the revised funding schedules have been submitted in written form to the house and senate committees on ways and means.”

Floor Number: 510 Clerk Number: 258

DEFINITION OF VETERAN

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

SECTION____________. SECTION 1. Clause Forty-third of chapter 4, section 7, as appearing in the 1998 Official Edition, is hereby amended by striking out lines 235-244 and by inserting in place therein the following:—
“Forty-third veteran shall mean (1) any person, (a) whose last discharge or release from his wartime service as defined herein, was under honorable conditions and who (b) served in the army, navy, marine corps, coast guard, or air force of the United States, or full-time National Guard under Title 10 or 32 of the US Code or Massachusetts General laws, Chapter 33, sections 41,40 or 38 for not less than ninety days of continuous active service, at least one day of which was for wartime service, provided, that any person who so served in wartime and was awarded a service-connected disability or a Purple Heart, or who died in such Service under conditions other than dishonorable, shall be deemed to be a veteran notwithstanding his failure to complete ninety days of active service; (2) a member of the American Merchant Marine who served in armed conflict between December 7, 1941 and December 31, 1946, and who has received honorable discharges from the U.S. Coast Guard, Army or Navy; (3) any person (a) whose last discharge from active service was under honorable conditions and who (b) served in the army, navy, marine corps, coast guard, or air force of the United States for not less than one hundred and eighty days active service, provided, that any person who so served and was awarded a service-connected disability or who died in such service under conditions other than dishonorable, shall be deemed to be a veteran notwithstanding his failure to complete one hundred and eighty days of active service.

Floor Number: 511 Clerk Number: 259

CERTAIN SCHOOL CONSTRUCTION PROJECTS

Mr. Moore, Ms. Walsh, Mr. Tarr, Ms Resor, Ms. Creem, Ms Fargo, Mr. O’Leary, Mr. Magnani and Mr. Joyce move to amend the bill by adding at the end thereof the following new section:-

Section__________. Section 219 of Chapter 127 of the acts of 1999 is hereby amended by striking out the word “five” in line 9 and inserting in place thereof the following figure:- “7”.

Floor Number: 512 Clerk Number: 260

HOLYOKE SOLDIERS’ HOME FEDERAL REIMBURSEMENT RETENTION

Mr. Knapik and Mr. Lees move to amend the bill by inserting after Section___ the following section:-

“SECTION _____. The Soldiers’ Home in Holyoke may retain funds received as federal reimbursements for capital repairs and renovations. Said funds shall be expended for additional capital improvements projects subject to the approval of the division of capital asset management.”

Floor Number: 513 Clerk Number: 263

LAND COURT DEPARTMENT

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

“SECTION_____. Section 39 of Chapter 262 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following:- For the entry of every original petition or writ and transmitting it to the recorder, when filed with an assistant recorder, two hundred dollars. An additional fee of $50 shall be paid for the issuance of an injunction or restraining order.”

Floor Number: 514 Clerk Number: 264

HEALTH CARE STABILIZATION FUND

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

SECTION______________. SECTION 1. Chapter twenty nine of the General Laws as appearing in the 2000 Official Edition, is hereby amended by inserting after section 2ZZ, the following new section:- Section 2AAA. There is hereby established and set up on the books of the Commonwealth, a separate fund to be known as the Commonwealth Health Care Stabilization Fund, consisting of amounts transferred to the fund in accordance with the provisions of section 5C, such monies as may be appropriated to the fund by the general court, and income derived from the investment of monies transferred or appropriated to the fund. The purpose of this fund shall be to provide for supplemental monies which shall be expended, subject to appropriation, to supplement existing levels of funding for the purpose of funding health related services and programs, including, but not limited to, services and programs intended to promote the public health and well being of the citizens of the commonwealth. Amounts credited to said fund shall be used to stabilize service and program accounts in the departments of mental health, public health, and the division of medical assistance during times in which the lack of state revenues require funding at levels less than funding levels from the previous fiscal year in accounts under the jurisdiction of said division and departments.

The trust fund is intended to ensure the stabilization and fiscal solvency of health-related services and programs in the commonwealth. It is therefore the intent of the General Court that this program be structured as a state trust fund under the direction and control of the secretary of administration and finance, in consultation with the secretary of health and Human Services and operate exclusively for the purpose of protecting and advancing the Commonwealth's interest in maintaining the citizen’s physical, mental and public health as provided for in this act.

Section 2. Section 5C of chapter 29 of the General Laws as appearing in the 2000 Official Edition, is hereby amended by striking out subsection (b), and inserting in place thereof, the following new subsection:-

(b) Fifty percent of any remaining amount of such consolidated net surplus shall be transferred to the Commonwealth Stabilization Fund from the General Fund, forty-five percent of any remaining amount of such consolidated net surplus shall be transferred to the Commonwealth Stabilization Fund from the Local Aid Fund, and five percent of any remaining amount of such consolidated net surplus shall be transferred to the Commonwealth Health Care Stabilization Fund. The comptroller shall annually on or before the following second Wednesday in January adjust said transferred amounts to reflect the results of the so-called single audit of the Commonwealth's financial statements required by the federal government for each fiscal year.

Floor Number: 515 Clerk Number: 268

INTERNATIONAL EMERGENCY MANAGEMENT ASSISTANCE COMPACT

Mr. Moore, Mr. Tarr, Ms Fargo, Ms Chandler, Mr. Joyce move to amend the bill by adding at the end thereof the following new section:-

Section___________. Purpose and Authorities -

The International Emergency Management Assistance Compact, hereinafter referred to as the "compact," is made and entered into by and among such of the jurisdictions as shall enact or adopt this compact, hereinafter referred to as "party jurisdictions." For the purposes of this agreement, the term "jurisdictions" may include any or all of the States of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut and the Provinces of Québec, New Brunswick, Prince Edward Island, Nova Scotia and Newfoundland, and such other states and provinces as may hereafter become a party to this compact.

The purpose of this compact is to provide for the possibility of mutual assistance among the jurisdictions entering into this compact in managing any emergency or disaster when the governor or premier of the affected jurisdiction or jurisdictions asks for assistance, whether arising from natural disaster, technological hazard, man-made disaster or civil emergency aspects of resources shortages.

This compact also provides for the process of planning mechanisms among the agencies responsible and for mutual cooperation, including, if need be, emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party jurisdictions or subdivisions of party jurisdictions during emergencies, with such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of emergency forces by mutual agreement among party jurisdictions.

SECTION 2: General Implementation

Each party jurisdiction entering into this compact recognizes that many emergencies may exceed the capabilities of a party jurisdiction and that intergovernmental cooperation is essential in such circumstances. Each jurisdiction further recognizes that there will be emergencies that may require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency because few, if any, individual jurisdictions have all the resources they need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.

The prompt, full and effective utilization of resources of the participating jurisdictions, including any resources on hand or available from any other source that are essential to the safety, care and welfare of the people in the event of any emergency or disaster declared by a party jurisdiction, shall be the underlying principle on which all articles of this compact are understood.

On behalf of the governor of each state or premier of each province participating in the compact, the legally designated official who is assigned responsibility for emergency management is responsible for formulation of the appropriate inter-jurisdictional mutual aid plans and procedures necessary to implement this compact, and for recommendations to the jurisdiction concerned with respect to the amendment of any statutes, regulations or ordinances required for that purpose.

SECTION 3: Party Jurisdiction Responsibilities

Formulate plans and programs. It is the responsibility of each party jurisdiction to formulate procedural plans and programs for inter-jurisdictional cooperation in the performance of the responsibilities listed in this section. In formulating and implementing such plans and programs the party jurisdictions, to the extent practical, shall:

Review individual jurisdiction hazards analyses that are available and, to the extent reasonably possible, determine all those potential emergencies the party jurisdictions might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster or emergency aspects of resource shortages;
Initiate a process to review party jurisdictions' individual emergency plans and develop a plan that will determine the mechanism for the inter-jurisdictional cooperation;
Develop inter-jurisdictional procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans;
Assist in warning communities adjacent to or crossing jurisdictional boundaries;
Protect and ensure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue and critical lifeline equipment, services and resources, both human and material to the extent authorized by law;
Inventory and agree upon procedures for the inter-jurisdictional loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness; and
Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances, over which the province or state has jurisdiction, that impede the implementation of the responsibilities described in this subsection.

Request assistance. The authorized representative of a party jurisdiction may request assistance of another party jurisdiction by contacting the authorized representative of that jurisdiction. These provisions only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request must be confirmed in writing within 30 days of the verbal request. Requests must provide the following information:

A description of the emergency service function for which assistance is needed and of the mission or missions, including but not limited to fire services, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services and search and rescue;
The amount and type of personnel, equipment, materials and supplies needed and a reasonable estimate of the length of time they will be needed; and
The specific place and time for staging of the assisting party's response and a point of contact at the location.

Consultation among party jurisdiction officials. There shall be frequent consultation among the party jurisdiction officials who have assigned emergency management responsibilities, such officials collectively known hereinafter as the International Emergency Management Group, and other appropriate representatives of the party jurisdictions with free exchange of information, plans and resource records relating to emergency capabilities to the extent authorized by law.

SECTION 4 : Limitation

Any party jurisdiction requested to render mutual aid or conduct exercises and training for mutual aid shall undertake to respond as soon as possible, except that it is understood that the jurisdiction rendering aid may withhold or recall resources to the extent necessary to provide reasonable protection for that jurisdiction. Each party jurisdiction shall afford to the personnel of the emergency forces of any party jurisdiction, while operating within its jurisdictional limits under the terms and conditions of this compact and under the operational control of an officer of the requesting party, the same powers, duties, rights, privileges and immunities as are afforded similar or like forces of the jurisdiction in which they are performing emergency services. Emergency forces continue under the command and control of their regular leaders, but the organizational units come under the operational control of the emergency services authorities of the jurisdiction receiving assistance. These conditions may be activated, as needed, by the jurisdiction that is to receive assistance or upon commencement of exercises or training for mutual aid and continue as long as the exercises or training for mutual aid are in progress, the emergency or disaster remains in effect or loaned resources remain in the receiving jurisdiction or jurisdictions, whichever is longer. The receiving jurisdiction is responsible for informing the assisting jurisdictions of the specific moment when services will no longer be required.

SECTION 5: Licenses and Permits

Whenever a person holds a license, certificate or other permit issued by any jurisdiction party to the compact evidencing the meeting of qualifications for professional, mechanical or other skills, and when such assistance is requested by the receiving party jurisdiction, such person is deemed to be licensed, certified or permitted by the jurisdiction requesting assistance to render aid involving such skill to meet an emergency or disaster, subject to such limitations and conditions as the requesting jurisdiction prescribes by executive order or otherwise.

SECTION 6: Liability

Any person or entity of a party jurisdiction rendering aid in another jurisdiction pursuant to this compact are considered agents of the requesting jurisdiction for tort liability and immunity purposes. Any person or entity rendering aid in another jurisdiction pursuant to this compact are not liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article does not include willful misconduct, gross negligence or recklessness.

SECTION 7: Supplementary Agreements

Because it is probable that the pattern and detail of the machinery for mutual aid among two or more jurisdictions may differ from that among the jurisdictions that are party to this compact, this compact contains elements of a broad base common to all jurisdictions, and nothing in this compact precludes any jurisdiction from entering into supplementary agreements with another jurisdiction or affects any other agreements already in force among jurisdictions. Supplementary agreements may include, but are not limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, public utility, reconnaissance, welfare, transportation and communications personnel, equipment and supplies.

SECTION 8: Workers' Compensation and Death Benefits

Each party jurisdiction shall provide, in accordance with its own laws, for the payment of workers' compensation and death benefits to injured members of the emergency forces of that jurisdiction and to representatives of deceased members of those forces if the members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own jurisdiction.

SECTION 9: Reimbursement

Any party jurisdiction rendering aid in another jurisdiction pursuant to this compact shall, if requested, be reimbursed by the party jurisdiction receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with those requests. An aiding party jurisdiction may assume in whole or in part any such loss, damage, expense or other cost or may loan such equipment or donate such services to the receiving party jurisdiction without charge or cost. Any two or more party jurisdictions may enter into supplementary agreements establishing a different allocation of costs among those jurisdictions. Expenses under Section 8 are not reimbursable under this section.

SECTION 10 : Evacuation

Each party jurisdiction shall initiate a process to prepare and maintain plans to facilitate the movement of and reception of evacuees into its territory or across its territory, according to its capabilities and powers. The party jurisdiction from which the evacuees came shall assume the ultimate responsibility for the support of the evacuees, and after the termination of the emergency or disaster, for the repatriation of such evacuees.

SECTION 11: Implementation -

This compact is effective upon its execution or adoption by any two state or province jurisdictions, and is effective as to any other jurisdiction upon its execution or adoption thereby: subject to approval or authorization by the U.S. Congress, if required and subject to enactment of provincial or state legislation that may be required for the effectiveness of the compact.
Any party jurisdiction may withdraw from this compact, but the withdrawal does not take effect until 30 days after the governor or premier of the withdrawing party jurisdiction has given notice in writing of such withdrawal to the governors or premiers of all other party jurisdictions. The action does not relieve the withdrawing jurisdiction from obligations assumed under this compact prior to the effective date of withdrawal.
Duly authenticated copies of this compact in the French and English languages and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party jurisdictions.

SECTION 12: Severability

This compact is construed to effectuate the purposes stated in Section 1. If any provision of this compact is declared unconstitutional or the applicability of the compact to any person or circumstances is held invalid, the validity of the remainder of this compact and the applicability of the compact to other persons and circumstances are not affected.

SECTION 13: Inconsistency of Language

The validity of the arrangements and agreements consented to in this compact shall not be affected by any insubstantial difference in form or language as may be adopted by the various states and provinces.

SECTION 14: Amendment

This compact may be amended by agreement of the party jurisdictions.

Floor Number: 516 Clerk Number: 273

INCREASING RETIREES COLA BASE

Mr. Moore, Mr. Knapik, Ms. Walsh, Mr. Tarr, Ms Fargo, Mr. Joyce, Mr. Morrissey and Mr. McGee move to amend the bill by adding the following sections:-

SECTION _____. Section 102 of Chapter 32 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:

(c) In any case where such former employee, spouse, or other beneficiary is receiving an annual retirement allowance, pension or annuity which is $13,000 or more in fiscal year 2004, $14,000 or more in fiscal year 2005 and $15,000 or more in fiscal year 2006 and subsequent fiscal years exclusive of additional annuity obtained by special purchase under paragraph (g) of subdivision (1) of section 22 or any similar law, the cost of living adjustment shall be in an amount determined by applying the percentum of change determined pursuant to paragraph (a) to the maximum base amount of $13,000 in fiscal year 2004, $14,000 in fiscal year 2005 and $15,000 in fiscal year 2006 and subsequent fiscal years. Whenever a cost of living adjustment is granted pursuant to said paragraph (a), the dollar amount of such increase as determined in said paragraph (a) shall be added to each retirement allowance, pension or annuity which is in excess of said maximum base amount. The sum of the dollar amount of such cost of living adjustments, together with the amount of retirement allowance, pension or annuity to which the cost of living percentum factor is applied and any amounts in excess of $13,000 in fiscal year 2004, $14,000 in fiscal year 2005 and $15,000 in fiscal year 2006 and subsequent fiscal years shall become the fixed retirement allowance, pension or annuity for all future purposes including the application of subsequent cost of living adjustments in future years; provided, however, that the limitations of this paragraph shall continue to apply.

SECTION ____. Section 103 of Chapter 32 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting the following new subsection at the end thereof: -

(j) Notwithstanding the provisions of this section to the contrary, the board of any system, that has accepted the provisions of this subsection as hereinafter provided, may calculate a cost of living adjustment upon a maximum base amount greater than $12,000, as established by a majority vote of the board subject to the approval of the legislative body as defined herein. Acceptance of this subsection for any system shall be made by a majority vote of the board of such system subject to the approval of the legislative body as defined herein. Acceptance of this subsection shall be deemed to have occurred upon the filing of certification of such votes with the commission. A decision to accept the provisions of this subsection may not be revoked.

For each system that has accepted the provisions of this subsection, the board may establish, subject to the approval of the legislative body as defined herein, a maximum base amount greater than $12,000, which shall be the maximum base amount for each fiscal year subsequent to such acceptance, or until such time as the board votes to establish, subject to the approval of the legislative body as defined herein, another maximum base amount greater than the maximum base amount upon which the cost of living allowance is being paid at the time of the board’s vote. The board, in consultation with the commission, shall prepare a funding schedule which shall reflect the costs and the actuarial liabilities attributable to the cost of living allowance that may be paid upon the maximum base amount greater than $12,000 established by the board and said schedule shall be designed to reduce the applicable retirement system’s additional pension liability to zero by such year as approved by the commission. The board shall file revised funding schedules triennially with the joint committee on public service until such costs and liabilities are reduced to zero. For the purpose of this subsection, “legislative body” shall mean, in the case of a city, the city council in accordance with its charter, in the case of a town, the town meeting, in the case of a county, the county retirement board advisory council, in the case of a region, the regional retirement board advisory council, in the case of a district, the district members, and, in the case of an authority, the governing body.

Floor Number: 517 Clerk Number: 277

SPECIAL COMMISSION ON ENFORCEMENT OF THE STATE BUILDING CODE

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

SECTION___________. There is hereby established a commission consisting of the house and senate chairs of the committees on housing and urban development, public safety, one member of the minority from the house appointed by the minority leader of the house of representatives and one member of the minority party in the senate appointed by the minority leader of the senate, the commissioners of the departments of housing and urban development, and public safety, the administrator of the school building assistance bureau, the chairman of the state board of buildings regulations and standards, and the following persons, appointed by the governor, a representative of the building trades, a representative from the Boston society of architects, an individual representing licensed building inspectors and an individual representing general contractors.

Said commission shall make an investigation and study of the enforcement and application of the state building code where any state funds, grants, bonds or other sources of finance are involved in the construction, planning or design of a building which will have a municipal function or purpose. The commission shall focus its investigation on determining whether the state building code is being properly adhered to in such construction and design and whether any buildings are currently occupied in violation of the state building code and whether licensed building inspectors are properly certified in accordance with state law. Said commission shall report its findings, together with drafts of legislation, if any, necessary to implement such recommendations, by filing the same with the Clerks of the House of Representatives and the Senate. The committee shall file its final report on or before the last Wednesday in December 2003.

Floor Number: 518 Clerk Number: 278

REOPRTING DEADLINE FOR THE UNCOMPENSATED CARE POOL COMMISSION

Mr. Moore moves to amend the bill by adding the following new section:-

SECTION__________. “Section 74 of Chapter 177 of the Acts of 2001 is hereby amended by striking the words “August 31, 2002” and replacing therein the following:- “December 31, 2002.”

Floor Number: 519 Clerk Number: 279

PR OBATION FEES

Mr. Creedon, Mr. Glodis and Ms. Melconian move that the Bill be amended by adding the following: Ch.276 §87A of the General laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 10, the figures “$50” and inserting in its place therof the following figure: - $60. Said ch.276 §87A is further amended by strikng lines 17 thru 30 and inserting in place therof the following: “The Court may not waive payment of said probation fee but may defer payment and/or schedule payment at a reduced rate for a fixed period of time.”

Floor Number: 520 Clerk Number: 286

MECHANICS LIEN LAW TECHNICAL CORRECTION

Mr. Creedon moves to amend the bill by inserting, after Section 83, the following new Sections: -

“SECTION____. M.G.L. Chapter 254, as found in the 1998 Official Edition, is hereby amended in section 12 by deleting in lines 70 and 71 the words, “last performed or furnished labor or labor materials,” and inserting in place thereof the words, “filed the statement required by section eight.”

SECTION____. M.G.L. Chapter 254, as found in the 1998 Official Edition, is hereby amended in section 14 by inserting in line 12, after the words, “ninety days after,” the words, “the later of the filing of the statement required by section eight or.”

Floor Number: 521 Clerk Number: 303

MASS. TURNPIKE AUTHORITY – RIGHTS AND POWERS OF THE CHAIRPERSON.

Mr. Havern and Mr. Travaglini move to amend the bill, by inserting after Section 26, the following section:-

SECTION 26A. Section 2 of chapter 81A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting, after the second sentence, the following sentence: -

The chairperson shall serve as the chief executive officer of the authority, responsible for the daily operations of the authority, and shall have the right and power, among other things, to employ a general counsel, chief engineer, chief financial officer and such other officers and employees as are necessary to the functioning of the Authority, and to delegate certain responsibilities to such officers or employees as the chairperson may see fit.

Floor Number: 522 Clerk Number: 306

HART - VETERAN

Mr. Hart and Ms. Menard of Boston move to amend by inserting after Section____, the following new “SECTION_83A _. Clause forty-third of chapter 4, section 7, as appearing in the 2000 Official Edition, is hereby amended by striking out the first paragraph

hereby amended by striking out lines 235-244 and by inserting in place thereof the following:-

      "Forty-third veteran shall mean (1) any person, (a) whose last discharge

or release from his wartime service as defined herein, was under honorable

conditions and who (b) served in the army, navy, marine corps, coast guard, or

air force of the United States, or on full time national guard duty under Titles 10 or 32 of the United States Code or under Massachusetts General Law, chapter 33 §§ 41, 40 38 for not less than ninety days active service, at least one day of which was for wartime service, provided, that any person who so served in wartime and was awarded a service-connected disability or a Purple Heart, or who died in such Service under conditions other than dishonorable, shall be deemed to be a veteran notwithstanding his failure to

complete ninety days of active service;

         (2) a member of the American Merchant Marine who served in armed

conflict between December 7, 1941 and December 31, 1946, and who has received

honorable discharges from the U.S. Coast Guard, Army or Navy;

               (3) any person (a) whose last discharge from active service was under honorable conditions and who (b) served in the army, navy, marine corps, coast guard, or air force of the United States for not less than one hundred and eighty days active service, provided, that any person who so served and was awarded a service-connected disability or who died in such service under conditions other than dishonorable, shall be deemed to be a veteran notwithstanding his failure to complete one hundred and eighty days of active service.

Floor Number: 523 Clerk Number: 323

DMA-Robert Wood Johnson Foundation:

Mr. Tisei moves that the bill be amended by adding the following section:-

“Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, the Division of Medical Assistance may expend any money received from a Robert Wood Johnson Foundation’s State Coverage Initiatives Demonstration Grant to provide benefits, including administrative costs, described in section 9C of chapter 118E to employees and employers who are further described under the terms of the program set forth in said Demonstration Grant, and may expend additional monies, if needed, from any appropriation for benefits provided under said section 9C to also provide benefits specified in said Demonstration Grant without regard to the income limits set forth in section 9C, provided that the Division will seek to obtain a modification of its Demonstration Project, as defined in subsection (1) of section 9A of chapter 118E, that would allow for federal reimbursement for some or all of the expenditures for providing the benefits specified in the Demonstration Grant. The provisions of M.G.L. c. 176J,

§§3-8, inclusive, and 211 CMR 66.00 shall not apply to health coverage provided by carriers pursuant to this section.

Floor Number: 524 Clerk Number: 326

TAX APPELLATE BOARD

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

“SECTION ___. Chapter 58A of the General Laws, as appearing in the 2000 official edition, is hereby amended by striking out section 5 in its entirety.”

Floor Number: 525 Clerk Number: 328

SCHOOL BUILDING ASSISTANCE COMMISSION

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

“SECTION ___. There shall be a special commission, consisting of three members of the senate, one of whom shall be the minority leader or his designee, three members of the house of representatives, one of whom shall be the minority leader or his designee, the treasurer of the commonwealth, the commissioner of education, the secretary of administration and finance and three persons appointed by the governor, established for the purpose of making an investigation and study relative to the funding of the current waiting list for major reconstruction projects, as established under the school building assistance program. In addition, the special commission is charged with investigating and studying the feasibility of converting the funding program for major reconstruction projects to a low interest loan program.

Said commission may call upon officials of the commonwealth or its various subdivisions for such information as it may desire in the course of its investigation and study. Said commission shall report to the General Court the results of its investigation and study, and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect, by filing the same with the clerks of the senate and house of representatives on or before December 31, 2002”

Floor Number: 526 Clerk Number: 329

VOLUNTARY TAX

Messrs. Lees and Hedlund move to amend the bill by inserting, after Section ___, the following new Section:-

“SECTION __. Notwithstanding any general or special law to the contrary, regulations adopted by the commissioner of revenue shall implement and be consistent with the following:-

a) All state personal income tax forms shall contain a check-off box allowing taxpayers to elect, at the option of the taxpayer, the following: I elect to pay 5.6 percent income tax on Part A taxable income and Part B taxable income.

b) All state personal income tax schedules and instructions booklets shall contain a table providing the tax at various incomes calculated at the voluntary rate of tax of 5.6 percent.

c) The department of revenue shall maintain a record of the number of taxpayers who choose to elect said rate of tax of 5.6 percent.

d) The department of revenue shall maintain a record of the amount of revenue collected from taxpayers who have elected to pay the rate of tax of 5.6 percent.”

Floor Number: 527 Clerk Number: 330

PROBATE COURT GUARDIAN AD LITEM

Messrs. Lees, Hedlund, Knapik, and Mrs. Sprague move to amend the bill by inserting, after Section ___, the following new Section:-

“Section ___. Chapter 215 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking section 56B and inserting in place thereof the following section:—
Section 56B. Any judge of a probate and family court may appoint a guardian ad litem to institute contempt proceedings under the provisions of section thirty-four A against any party for failure to obey judgments of the probate and family court involving care, custody or maintenance of minor children, and said guardian ad litem may personally serve throughout the commonwealth any summons or capias incidental to the enforcement of this section. The compensation, together with any expense, shall be fixed by the court and shall be paid by the commonwealth, upon certificate by the judge to the state treasurer or by the defendant, as the court may order. The state police, local police and probation officers shall assist the guardian ad litem so appointed, upon his request.”

Floor Number: 528 Clerk Number: 331

PROBATE COURT GUARDIAN AD LITEM

Messrs. Lees, Hedlund, Knapik, and Mrs. Sprague move to amend the bill by inserting after Section ___, the following new Section:-

“SECTION ___. Chapter 215 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking section 56A and inserting in place thereof the following section:-
Section 56A. Any judge of a probate and family court may appoint a guardian ad litem to investigate the facts of any proceeding pending in said court relating to or involving questions as to the care, custody or maintenance of minor children and as to any matter involving domestic relations except those for the investigation of which provision is made by section sixteen of chapter two hundred and eight. Said guardian ad litem shall, before final judgment or decree in such proceeding, report in writing to the court the results of the investigation, and such report shall be open to inspection to all the parties in such proceeding or their attorneys. The compensation, together with any expense, shall be fixed by the court and shall be paid by the commonwealth, upon certificate by the judge to the state treasurer or by one or both of the parties, as the court may order. The state police, local police and probation officers shall assist the guardian ad litem so appointed, upon his request.”

Floor Number: 529 Clerk Number: 332

WORKERS COMPENSATION

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

“Section___.

Section 15 of chapter 152 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by replacing the next to last sentence with the following sentence:- Nothing in this section, or in section 18 or 24 shall be construed to bar an action at law for damages for personal injuries or wrongful death by an employee against any person other than (1) the insured person employing such employee and liable for the payment of the compensation provided by this chapter for the employee’s personal injury or wrongful death and said persons employees, and (2) an employee leasing company and its client company, as defined in Section 14A of this chapter, if each are in compliance with the requirements of this chapter.”

Floor Number: 530 Clerk Number: 335

Relative to Rental Deduction

Ms. Fargo moves to amend the bill by inserting, after Section 83, the following new section:-

SECTION___: Section 3 of Chapter 62 of the General Laws is hereby amended in paragraph (9) by inserting after the words “husband and wife” the following;

provided that notwithstanding any general or special law or rule or regulation to the contrary, for the purposes of this section, the deduction shall apply to the occupancy portion of any monthly payment made by a resident at a continuing care retirement community a residential care facility or a skilled nursing facility.

Floor Number: 531 Clerk Number: 336

CASINO GAMING COMMISSION

Messrs. Lees, Tisei, and Knapik move to amend the bill by inserting, after Section ___, the following new Section:-

“SECTION____. The General laws are hereby amended by inserting after chapter 128C the following chapter:

Chapter 128D. The Massachusetts Gaming Commission.

Section 1. The Massachusetts Gaming Commission.

There is hereby created a body politic and corporate to be known as the Massachusetts Gaming Commission which, while within the executive office of Administration and Finance, shall not be subject to the supervision and regulation of said executive office or any other department, commission, board, bureau or agency except as specifically provided in any general or special law to the contrary. The commission is hereby authorized and empowered, subject to the provisions of this chapter, to develop within sixty days of the passage of this act, a fair and equitable plan to implement, license, regulate, improve, police, administer, control and operate (a) casino gaming and related activities and services as defined herein; and (b) the gaming service industry as defined herein throughout the Commonwealth of Massachusetts. Upon or before the sixtieth day, said plan shall be submitted to the the Governor and the Attorney General for approval. Subject to and upon the approval of said officials, said plan shall be implemented immediately, subject to the provisions of this chapter and notwithstanding any general or special law to the contrary.

The commission is hereby constituted a public instrumentality. The exercise by the commission of the powers conferred by this chapter shall be deemed and held to be the performance of an essential governmental function.

Section 2. Commission Members.

(a) The commission shall consist of three members to be appointed by the governor who shall be residents of the commonwealth, not more than two of whom shall be of the same political party. The governor shall designate one of the members as chairperson who shall serve as such during his term of office. Pursuant to the following provisions, a person shall not be eligible for appointment to the commission if he or she:

(1) holds elective office in state, county, or local government.

(2) is an officer or official of any political party.

(3) was formerly a licensee or an unlicensed employee of a gaming licensee within

the last five years prior to an appointment to the commission.

(4) is actively engaged or has direct pecuniary interest in gaming activities.

(5) has been convicted of a felony.

The term of office of each member of the commission shall be five years. After the initial term, the term of office for each member of the commission is five years; provided that no member may serve more than two consecutive five-year terms. Any vacancies shall be filled by the governor within 60 days of the occurrence of such vacancy. Any member of the commission may continue beyond the expiration date of his term until the appointment of a successor but not longer than six months. Any Commissioner may be removed by the Governor for just cause. The Governor shall immediately remove any commissioner who violates or acts contrary to the eligibility requirements established in subsection (a) of this section.

(b) The commission members shall devote time and attention to the business of the commission as necessary to discharge their duties; provided, however, the chairman shall devote his or her time during normal business hours to the business of the commission. For the purposes of this chapter, the chaiman shall be paid an annual salary of one hundred and thirty thousand dollars. The members of the commission shall be compensated for work performed for the commission at fifty thousand dollars per annum. Commission members shall be reimbursed for travel and other costs necessarily incurred in the performance of official duties. Before entering upon the duties of the office, each member shall swear that he is not pecuniarily 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 and the state ethics commission a statement of financial interest, required by chapter 268B of the general laws, listing all assets and liabilities, property and business interests, and sources of income of said commissioner and 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 any person licensed or registered with the commission during his term of office. A member of the commission shall be eligible for reappointment. The commission shall elect one of the members as vice chairperson thereof. Two members of the commission shall constitute a quorum and the affirmative vote of two members shall be necessary for any action taken by the commission. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the commission.

The members shall be eligible to participate in any benefit plan approved by the commission.

The commission may indemnify any member, officer or employee from personal expenses or damages incurred, arising out of any claim, suit, demand or judgment which arose out of any act or omission of such member, officer or employee, including the violation of the civil rights of any person under any federal law if, at the time of such act or omission such member, officer or employee was acting within the scope of his official duties or employment.

Section 3. Definitions.

(a) “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 reguarding the realty, construction, maintenance, or business of a proposed or existing gaming facility on a regular 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 equipment or devices; 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.

(b) “Game” and “gambling game” means any game approved by the commission and played with cards, dice, equipment or any mechanical, electromechanical 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 271 of the general laws of the Commonwealth.

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

(d) "Gaming license" or "license" means any license or work permit issued by the commission under this 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;

(e) “Chairman” means Chairman of the Gaming Commission.

(f) "Commission," the Massachusetts Gaming Commission.

(g) “Commissioner” means a member of the Gaming Commission.

Section 4. Authority of the Commission

Notwithstanding any other provision of this act, the commission is hereby authorized and empowered:

(a) to adopt by-laws for the regulation of its affairs and the conduct of its business;

(b) to adopt an official seal and alter the same at its pleasure;

(c) to maintain offices at such places within the commonwealth as it may determine and to conduct meetings of the commission in accordance with the by-laws of the commission and the provisions of the second paragraph of section fifty-nine of chapter one hundred and fifty-six B;

(d) to sue and be sued in its own name, plead and be impleaded;

(e) to regulate gaming or gambling activities and services related to gaming subject to the provisions of this act, and upon establishment of casino gaming or operation of electronic gaming devices or both in Massachusetts.

Floor Number: 532 Clerk Number: 337

Taxation of Income

Ms. Fargo and O'Leary move to amend the bill by inserting, after section 83, the following new section:

SECTION ____: Chapter 62 of the general laws is hereby amended by inserting in section 6 after subsection (k) the following new subsection:

(l) a credit shall be allowed against tax liability imposed by this chapter in the amount of one thousand two hundred fifty dollars for any taxpayer who:

(1) is receiving benefits under the terms of a contract of insurance for long term care;

(2) has entered into a life care or continuing care contract with a continuing care retirement community; or

(3) is paying privately for nursing home or rest home care in a facility licensed by the department of public health pursuant to section 72 of chapter 111.

No taxpayer shall be entitled to more than one credit under the terms of this subsection, provided that a husband and wife shall each be entitled to the credit whether they file a joint or separate return.

Floor Number: 533 Clerk Number: 338

FITCHBURG MBTA RAIL CORRIDOR STUDY COMMISSION

Ms. Resor, Ms. Fargo and Mr. Antonioni move to amend the bill (Senate 2300) by inserting, after section 83, the following new section:-

“SECTION___. There is hereby established a special advisory commission on improvements to the MBTA Fitchburg Rail Line to consist of three members of the senate appointed by the senate president, three members of the house of representatives appointed by the speaker of the house, the secretary of the executive office of transportation and construction or his designee, the president of Massachusetts development finance corporation or his designee, the executive director of the metropolitan area planning commission or his designee, the executive director of the montachusett regional planning commission or his designee, the land use administrator / director of the Devens Enterprise Commission or his designee, a representative from an environmental interest group, a representative from the minuteman area group on interlocal coordination sub-region, a representative from the montachusett regional transit authority, and three representatives from separate chambers of commerce within the Fitchburg commuter rail line service area for the purpose of promoting and facilitating inter-local and inter-regional cooperation and to investigate, propose, evaluate, and vote on recommendations to the executive office of transportation and construction on the need for transportation improvements, enhancements, and alternatives for the municipalities and the regions serviced by the Fitchburg MBTA commuter rail line.”

Floor Number: 534 Clerk Number: 339

Casino Gaming Commission II

Mr. Lees, Tisei, and Knapik move to amend the bill by inserting, after Section ___, the following new Section:-

“SECTION___. The General laws are hereby amended by inserting after chapter 128C the following chapter:

Chapter 128D. The Massachusetts Gaming Commission.

Section 1. The Massachusetts Gaming Commission.

Section 1. There is hereby created a body politic and corporate to be known as the Massachusetts Gaming Commission which, while within the executive office of Administration and Finance, shall not be subject to the supervision and regulation of said executive office or any other department, commission, board, bureau or agency except as specifically provided in any general or special law to the contrary. The commission is hereby authorized and empowered, subject to the provisions of this chapter, to implement, license, regulate, improve, police, administer, control and operate (a) casino gaming and related activities and services as defined herein; and (b) the gaming service industry as defined herein throughout the Commonwealth of Massachusetts.

Section 2. Commission Members.

Section 2. (a) The commission shall consist of three members to be appointed by the governor who shall be residents of the commonwealth, not more than two of whom shall be of the same political party. The governor shall designate one of the members as chairperson who shall serve as such during his term of office. Pursuant to the following provisions, a person shall not be eligible for appointment to the commission if he or she:

(1) holds elective office in state, county, or local government.

(2) is an officer or official of any political party.

(3) was formerly a licensee or an unlicensed employee of a gaming licensee within

the last five years prior to an appointment to the commission.

(4) is actively engaged or has direct pecuniary interest in gaming activities.

(5) has been convicted of a felony.

The term of office of each member of the commission shall be five years. After the initial term, no member may serve more than two consecutive five-year terms. Any vacancies shall be filled by the governor within 60 days of the occurrence of such vacancy. Any member of the commission may continue beyond the expiration date of his term until the appointment of a successor but not longer than six months. Any Commissioner may be removed by the Governor for just cause. The Governor shall immediately remove any commissioner who violates or acts contrary to the eligibility requirements established in subsection (a) of this section.

The members shall be eligible to participate in any benefit plan approved by the commission.

Section 3. Definitions.

Section 3. (a) “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 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 equipment or devices; 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, attourneys, and broker dealers, or other professions which are regulated by a public agency, are exempt from the provisions of this subsection.

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

(e) “Chairman” means Chairman of the Gaming Commission.

(f) "Commission," the Massachusetts Gaming Commission.

(g) “Commissioner” means a member of the Gaming Commission.

(h) “Application” means a written request for permission to engage in any act or activity,

which is regulated under the provisions of this act.

(i) "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.

(j) "Racing meeting licensee" means the horse racing meeting licensee in Suffolk County,

harness horse racing meeting licensee in Norfolk County, and dog racing meeting licensees in Suffolk and Bristol Counties licensed by the State Racing Commission pursuant to G.L. c. 128A, as amended; provided, however, that the two dog racing meeting licensees in Bristol County shall be deemed one for all purposes of this act; and, further, excluding any licensees of racing meetings held or conducted in connection with a state or county fair.

(k) "Electronic Gaming Device" means any game of chance mechanical, electrical or other

device, contrivance or machine, including the so-called slot machine, video wagering terminal, video lottery terminal or poker machine, which, upon the 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 the 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 anything of value, whether the payoff is made automatically by the machine or in any other manner.

Section 4. Powers of the Commission

Section 4. Notwithstanding any other provision of this act, the commission is hereby authorized and empowered:

(a) to adopt by-laws for the regulation of its affairs and the conduct of its business;

(b) to adopt an official seal and alter the same at its pleasure;

(d) to sue and be sued in its own name, plead and be impleaded;

(e) to regulate gaming or gambling activities and services related to gaming subject to the provisions of this act, and upon establishment of casino gaming in Massachusetts.

(f) to issue not more than four licenses to operate gaming establishments to any racing meeting licensee existing prior to April 1, 2002, notwithstanding the provisions of chapters 137 and 271 of the general laws, or any general or special law to the contrary, and subject to all other licensing requirements applicable provisions of this chapter; and may operate no more than one thousand and five hundred electronic gaming devices. Such racing meeting licensees shall not operate any additional games other than those allowable by law for holders of a racing meeting license, pursuant to chapters 128A and 128C of the general laws. Nothing in this section shall be construed to permit a racing meeting licensee to operate games other than electronic devices.

(g) to issue no more than one casino gaming license from among all persons or entities seeking to be a licensed operator in the Commonwealth of Massachusetts; provided no casino gaming licensee shall be allowed to operate in the same county as another casino gaming licensee; 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.

The commission shall submitt to each applicant a request for proposal, which shall be designed to maximize the initial and annual revenue potential for the state. Those applicants submitting the highest bid in order to maximize revenue potential for the state, and approved by the commission shall be selected; provided they comply with the licensing provisions of this chapter and agree to submit to the Commonwealth of Massachusetts a payment of not less thanone hundred million dollars for the privilege of holding a gaming license.

(h) to issue no more than one additional casino gaming license to the federally recognized Wampanoag Tribe (Aquinnah) for the operation of an Indian gaming facility. No other casino gambling licensee shall operate in Barnstable County, Bristol County, Dukes County, Nantucket County, or Plymouth County; provided that an agreement, hereinafter referred to as a tribal-state compact, is establiched between the Commonwealth of Massachusetts and said Wompanoag Indian Tribe pursuant to the Indian Gaming Regulatory Act (IGRA) of 1988 (25 U.S.C. §29-2701- § 29-2721). If a tribal-state compact is not established between the Wampanoag Tribe and the Commonwealth of Massachusetts by January 1, 2004, for whatever reason, the casino gaming license authorized by this section may be issued to any other persons or entities seeking to be a licensed operator in Massachusetts, provided it be located in one of the aforementioned counties, subject to the provisions of this act.

(i) to issue said casino gaming licenses at the discretion of the commission; provided further that no such license will be issued without the approval of local community governing bodies or by way of referendum held after July 31, 2002.

(j) to design and implement an appropriate casino gaming tax structure, at the direction of the secretary of administration and finance.

Section 5. Immediate Revenue Requirements.

Section 5. Notwithstanding any general or special law to the contrary, or any other provision of this act, given that the Commission will not be ready to convene and conduct its respective business and functions for some time after the enactment of this legislation and given the needs of the Commonwealth of funds in order to operate and conduct its business, each Racing Meeting Licensee shall be granted a License and deemed to be a Licensee for the purposes of this Act immediately upon the approval of any casino gaming plan submitted by the commission and the functions of the Commission shall be maintained and operated by the Executive Office of Administration and Finance, under the control of the Secretary, until such time as said Commission is operating according to the terms of this Act; provided, further, that the Commission and Bureau shall have complete authority to conduct its functions to insure compliance with this Act when it is operational. This section 12 shall be deemed null and void as of December 31, 2003.”

Floor Number: 535 Clerk Number: 341

Gaming

Messrs. Lees, Tisei, Tarr, Hedlund, and Knapik move to amend the bill by inserting, after Section ___, the following new Section:-

“SECTION___. The General laws are hereby amended by inserting after chapter 128C the following chapter:

Chapter 128D. The Massachusetts Gaming Commission.

Section 1. The Massachusetts Gaming Commission.

Section 2. Commission Members.

(1) holds elective office in state, county, or local government.

(2) is an officer or official of any political party.

(3) was formerly a licensee or an unlicensed employee of a gaming licensee within

the last five years prior to an appointment to the commission.

(4) is actively engaged or has direct pecuniary interest in gaming activities.

(5) has been convicted of a felony.

The members shall be eligible to participate in any benefit plan approved by the commission.

Section 3. Definitions.

(a) "Electronic Gaming Device" means any game of chance mechanical, electrical or other device, contrivance or machine, including the so-called slot machine, video wagering terminal, video lottery terminal or poker machine, which, upon the 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 the 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 anything of value, whether the payoff is made automatically by the machine or in any other manner.

(b) "Gaming," means to operate, carry on, conduct, maintain, or expose for play any electronic gaming devices.

(d) "Commission," the Massachusetts Gaming Commission.

(e) “Commissioner” means a member of the Gaming Commission.

(f) "Racing meeting licensee" means the horse racing meeting licensee in Suffolk County, harness horse racing meeting licensee in Norfolk County, and dog racing meeting licensees in Suffolk and Bristol Counties licensed by the State Racing Commission pursuant to G.L. c. 128A, as amended; provided, however, that the two dog racing meeting licensees in Bristol County shall be deemed one for all purposes of this act; and, further, excluding any licensees of racing meetings held or conducted in connection with a state or county fair.

Section 4. Authority of the Commission

Notwithstanding any other provision of this act, the commission is hereby authorized and empowered:

(a) to adopt by-laws for the regulation of its affairs and the conduct of its business;

(b) to adopt an official seal and alter the same at its pleasure;

(d) to sue and be sued in its own name, plead and be impleaded;

(e) to regulate gaming activities and services related to gaming subject to the provisions of this act.

(f) to grant licenses to each racing meeting licensee licensed as of April 1, 2002 eligible to be licensed under the provisions of this chapter, notwithstanding the provisions of G.L. c. 137, G.L. c. 271, or any other general or special law to the contrary, subject to all terms and conditions imposed by the Commission, to operate a gaming establishment; and shall have the right to operate one thousand five hundred (1,500) electronic gaming devices, at a racing meeting licensee's premises only; and, provided, further, that each of said licensees shall have the right to operate an equal number of electronic gaming devices. Said licensees shall pay weekly, to the Commission on behalf of the Commonwealth a sum equal to fifty-one (51%) percent of net gaming revenues, provided, further, that from said sums the Commission shall allocate percentages (i) to be paid to the city or town in which each establishment is located and (ii) to the purse accounts at each of the respective licensees race tracks. The remaining sums shall be retained by each licensee as its commissions and, provided, further, that each such licensee shall in addition pay all taxes otherwise due and payable.

(g) A person may apply to be a licensed operator by filing an application with the commission, the form and any 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 the 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 five 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.

Floor Number: 536 Clerk Number: 342

CASINO GAMING COMMISSION III

Messrs. Lees, Tisei, and Knapik move to amend the bill by inserting, after Section ___, the following new Section:-

“SECTION___. The General laws are hereby amended by inserting after chapter 128C the following chapter:

Chapter 128D. The Massachusetts Gaming Commission.

Section 1. The Massachusetts Gaming Commission.

Section 2. Commission Members.

(1) holds elective office in state, county, or local government.

(2) is an officer or official of any political party.

(3) was formerly a licensee or an unlicensed employee of a gaming licensee within

the last five years prior to an appointment to the commission.

(4) is actively engaged or has direct pecuniary interest in gaming activities.

(5) has been convicted of a felony.

The members shall be eligible to participate in any benefit plan approved by the commission.

Section 3. Definitions.

Section 3. (a) “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 reguarding the realty, construction, maintenance, or business of a proposed or existing gaming facility on a regular 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 equipment or devices; 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, attourneys, and broker dealers, or other professions which are regulated by a public agency, are exempt from the provisions of this subsection.

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

(e) “Chairman” means Chairman of the Gaming Commission.

(f) "Commission," the Massachusetts Gaming Commission.

(g) “Commissioner” means a member of the Gaming Commission.

(h) “Application” means a written request for permission to engage in any act or activity,

which is regulated under the provisions of this act.

(i) "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.

(j) "Racing meeting licensee" means the horse racing meeting licensee in Suffolk County,

(k) "Electronic Gaming Device" means any game of chance mechanical, electrical or other

Section 4. Powers of the Commission

Section 4. Notwithstanding any other provision of this act, the commission is hereby authorized and empowered:

(a) to adopt by-laws for the regulation of its affairs and the conduct of its business;

(b) to adopt an official seal and alter the same at its pleasure;

(d) to sue and be sued in its own name, plead and be impleaded;

(e) to regulate gaming or gambling activities and services related to gaming subject to the provisions of this act, and upon establishment of casino gaming in Massachusetts.

(f) to issue licenses to operate gaming establishments to any racing meeting licensee existing prior to April 1, 2002, notwithstanding the provisions of chapters 137 and 271 of the general laws, or any general or special law to the contrary, and subject to all other licensing requirements applicable provisions of this chapter; and may operate no more than one thousand and five hundred electronic gaming devices. Such racing meeting licensees shall not operate any additional games other than those allowable by law for holders of a racing meeting license, pursuant to chapters 128A and 128C of the general laws. Nothing in this section shall be construed to permit a racing meeting licensee to operate games other than electronic devices.

(g) to issue no more than one casino gaming license to the federally recognized Wampanoag Tribe (Aquinnah) for the operation of an Indian gaming facility; provided that an agreement, hereinafter referred to as a tribal-state compact, is establiched between the Commonwealth of Massachusetts and said Wompanoag Indian Tribe pursuant to the Indian Gaming Regulatory Act (IGRA) of 1988 (25 U.S.C. §29-2701- § 29-2721). If a tribal-state compact is not established between the Wampanoag Tribe and the Commonwealth of Massachusetts by January 1, 2004, for whatever reason, the casino gaming license authorized by this section may be issued to any other persons or entities seeking to be a licensed operator in Massachusetts, provided it be located in one of the aforementioned counties, subject to the provisions of this act.

(h) to issue said casino gaming licenses at the discretion of the commission; provided further that no such license will be issued without the approval of local community governing bodies or by way of referendum held after July 31, 2002.

(i) to design and implement an appropriate casino gaming tax structure, at the direction of the secretary of administration and finance.

Section 5. Immediate Revenue Requirements.

Floor Number: 537 Clerk Number: 344

OFF-STREET PARKING

Messrs. Lees and Hedlund move to amend the bill by inserting, after Section ___, the following new Section: -

“SECTION ___. Section 103 of chapter 205 of the acts of 1996 is hereby amended by striking out, in lines 18 and 19, the words “two thousand and one” and inserting in place thereof the following figure:- 2006.”

Floor Number: 538 Clerk Number: 349

METHADONE CLINICS

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

“SECTION __. Chapter 111 of the General Laws is hereby amended by inserting after section 57D the following section:-

No methadone clinic, so-called, shall be located or established within ¼ mile of real property comprising a public or private accredited preschool, accredited head start facility, elementary, vocational or secondary school, whether or not in session, or a public park or playground, a house of worship, public library, day care facility, federally or state funded low or moderate or elderly housing or designated heritage river.”

Floor Number: 539 Clerk Number: 353

INTERGOVERNMENTAL TRANSFER – HAVERHILL

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

SECTION___. Notwithstanding the provisions of any general or special law to the contrary, the Division of Medical Assistance may expend an amount not to exceed $4,000,000 from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund for the Title XIX disproportionate share and service rate payments to the city of Haverhill, as successor-in-interest to the Hale Hospital for this purpose. Such payments shall be established in accordance with Title XIX of the federal Social Security Act, or any successor federal statute, any regulations promulgated thereunder, the Massachusetts Title XIX state plan and the terms and conditions of an agreement reached with the division for such payments. No funds shall be expended unless the city of Haverhill is legally obligated to make an intergovernmental funds transfer in an amount specified in an agreement with such entity, which amount shall not be less than fifty percent of such Title XIX payment. Said agreement shall require the city of Haverhill to reimburse the Commonwealth such amount, the state comptroller shall interpret cherry sheet payments, so called, due the city of Haverhill from the Commonwealth upon certification by the Secretary of Administration and Finance that said city has failed to pay such amount. All revenues generated pursuant to the provisions of this section shall be credited to the medical assistance intergovernmental transfer account and administered in accordance with the provisions of subsection (o) of section 18 of chapter 118G of the General Laws.

Floor Number: 540 Clerk Number: 356

JOINT LABOR-MANAGEMENT COMITTEE

Mr. Baddour and Ms. Walsh move to amend the bill by inserting, after Section ___, the following new Section: -

SECTION___. Section 1078 of the Acts of 1973 as most recently amended by Chapter 589 of the Acts of 1987 is hereby further amended by striking out the second and third sentence of the first paragraph of Section 4A(1)(a)(i) and inserting in place thereof the following new sentences:

The Committee shall be composed of fourteen members including a chairman and a vice-chairman and such alternate members as the committee shall approve. Twelve committee members shall be appointed by the governor as follows: three firefighters from nominations submitted by the Professional Firefighters of Massachusetts, International Association of Firefighters, AFL-CIO; three police officers from nominations submitted by the International Brotherhood of Police Officers, NAGE, SEIU, AFL-CIO, the Boston Patrolmen’s Association IUPA, AFL-CIO; and the Massachusetts Police Association and six nominations submitted by the Advisory Commission on Local Government established under Section sixty-two of chapter three of General Laws.

Floor Number: 541 Clerk Number: 359

STATE OWNED HUMAN SERVICE FACILITIES STUDY COMMISSION

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

“SECTION ___. (a) There shall be a special commission charged with studying the feasibility, costs and benefits of closing various state-owned human service facilities and utilizing alternative private sector outpatient and group home facilities for those individuals displaced by said closure(s). In addition to the aforementioned data, the report of the commission shall include an assessment of the impact of displacement on the number of clients served, a discussion on any long-term consequences for the overall quality of human services in the Commonwealth, and recommendations for any action deemed appropriate. This report shall be submitted to the clerks of the senate and the house of representatives within 180 days of the effective date of this act.

(b) This commission shall consist of 9 members. Three members shall be appointed by the Governor. Two members shall be appointed by the speaker of the house of representatives. One member shall be appointed by the minority leader of the house of representatives. Two members shall be appointed by the senate president. One member shall be appointed by the senate minority leader.”

Floor Number: 542 Clerk Number: 365

SCHOOL BUILDING ASSISTANCE PRIORITY WAIT LIST

Ms. Tucker moves to amend the bill by inserting, after Section 85, the following new section:-

"SECTION 86. Notwithstanding any general or special law to the contrary, the list of school building assistance capital construction projects authorized for funding must include school projects needed for a school to re-acquire accreditation by the New England Association of Schools and Colleges within two years.”

Floor Number: 543 Clerk Number: 366

BUSINESS TAX RETURN

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

“SECTION ___. Chapter 62C of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking section 5 and inserting in place thereof the following:--

Section 5. (a) Any return, document or tax payment required or permitted to be filed under this chapter shall be filed with or transmitted to the commissioner in such manner, format and medium as the commissioner shall from time to time prescribe; shall contain such information as the commissioner deems pertinent; and shall contain or be accompanied by a declaration, in such form as prescribed by the commissioner, that such return or document is made under the penalties of perjury. Any return, document or payment submitted in a manner or medium other than that prescribed by the commissioner shall not be deemed to have been filed.

(b) The provisions of this act shall be effective for tax years beginning on or after January 1, 2003.”

Floor Number: 544 Clerk Number: 367

SCHOOL CONSTRUCTION RESERVE ACCOUNT

Ms. Tucker moves to amend the bill by inserting, after section 85, the following new section:-

"SECTION 86. Notwithstanding the provisions of Sections 6 and 11 of Chapter 70 of the General Laws or any other general or special law to the contrary, a city of town that has entered into an agreement with the Board and Commissioner of Education to avoid appointment of a receiver under Section 1K of Chapter 69 of the General Laws and, in the judgment of the Commissioner of education: (1) does not have adequate school facilities to meet the educational needs of its public school students, and: (2) does not have the fiscal capacity to raise the funds needed to finance the municipal share of essential school construction, renovation or repair projects may establish a school construction reserve account and may, at the close of each fiscal year through the year 2007, transfer into such account all or a portion of any unexpended funds appropriated in any such year to fund school department operating expenses; provided, however, that: (1) the amount transferred to the school construction reserve account in any year shall not exceed 5 per cent of the school department’s required net school spending budget for such fiscal year; (2) no such transfer shall be made without the prior written approval of the commissioner of education; (3) funds deposited in such accounts, together with any interest or earnings on such deposits, shall be held in reserve by such city or town for the sole purpose of financing the direct costs of department of education approved school construction, renovation or repair projects; (4) any funds held in a school construction reserve account that shows no activity other than earnings on deposits for a period of five years shall, in the following year, be transferred back to the school department as an amount in addition to city or town’s required annual net school spending appropriation; provided further, that funds transferred back to a school department from an inactive school construction reserve account may be expended by the school committee for any undertaking the committee determines to be in furtherance of efforts to improve the educational programs and services provided to public school students. A city or town that establishes a school construction reserve account in accordance with this section may use funds held in such account to directly finance or to pay debt service on borrowing to finance approved school construction projects; provided, however, that funds from the reserve fund may be used only when and to the extent that the city or town lacks the fiscal capacity to meet its school construction financing obligations from other revenue sources. No withdrawal shall be made from a school construction reserve account of a city or town without the prior review and approval of the commissioner of revenue, who shall verify that such city or town lacks the capacity to meet its school construction financing obligations from other revenues.”

Floor Number: 545 Clerk Number: 368

LAND COURT

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

“SECTION ___. Section 117 of chapter 231 of the general laws, as appearing in the 2000 Official Edition, is hereby amended in line 2 by inserting after the words “superior court,” in the first clause, the following words:- “the land court,” and is further amended in line 11 by inserting after the words “or any other justice of said court, or” the following words:- “the justice of the land court, or”.”

Floor Number: 546 Clerk Number: 369

MDC PARKWAYS

Messrs. Lees and Knapik and Mrs. Sprague move to amend the bill by inserting, after Section ___, the following new Section:-

“SECTION ___. (a) The department of highways shall assume control of all properties controlled by the metropolitan district commission under sections 35, 35A, 36, 37, 49, 69, 80, 85, 88, 98 and 106, of chapter 92, as appearing in the 1998 official edition of the general laws. The department of highways is hereby directed and authorized to establish and execute a plan for the purpose of transferring control and responsibility of properties from the metropolitan district commission to the department of highways as directed under this act. The transfer of control and responsibility of the metropolitan district commission properties under this act must be completed within one year of the passage of this act.

(b) Sections 35, 35A, 36, 37, 49, 69, 80, 85, 88, 98 and 106 of chapter 92, as appearing in the 1998 official edition of the general laws, shall be repealed upon completion of paragraph (a) of this act.

Floor Number: 547 Clerk Number: 375

CONCERNING PUBLIC EMPLOYEE TERMINATION

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

SECTION XXXX

"Section 18: Paragraph (a) of subdivision (2) of section 10 of chapter 32 of the General Laws is hereby amended by inserting at the end thereof the following new text:

No such termination retirement allowance shall be allowed unless the retirement board, after review of the evidence including a statement of the relevant facts by the member's employer which shall be submitted within ten days of the board's request for such, prepares and files with the commission a certificate of its findings and decision on the application for such allowance. Prior to the filing of such certificate, the member shall be given a written notice and an opportunity to be heard by the board and shall have the right to appeal the board's decision to the contributory retirement appeal board."

Floor Number: 548 Clerk Number: 376

DMR WAGE DISPARITY

Ms. Tucker of Andover moves to amend the bill by inserting, after Section 83, the following new Section:-

SECTION. Notwithstanding any general or special law to the contrary

(1) In this section the following words shall have the meanings indicated, unless the context requires otherwise:

(a) “Community provider” means a community-based agency or program funded by the department of mental retardation to serve individuals with mental retardation.

(b) “Community direct service worker” means an employee of a community provider that provides treatment, support, or services to those with mental retardation and/or their families.

(c) “Disparity amount” means the monetary calculation of the average difference in wages, compensation, salary, and benefits, including but not limited to health insurance and inclusion in the state retirement system, between community direct service workers and developmental disabilities associates or other comparable employees in the commonwealth’s state operated programs for mental retardation.

(d) “Rate” means the reimbursement rate paid by the department of mental retardation to a community provider from state or federal funds, or a combination of funds.

(2) The department of mental retardation shall reimburse community providers as provided in this section.

(3) The rate of reimbursement for community services providers shall be increased by an amount that:

(1) Reduces the disparity amount to 75% on or before July 1, 2005;

(2) Reduces the disparity amount to 50% on or before July 1, 2006;

(3) Reduces the disparity amount to 25% on or before July 1, 2007;

(4) Eliminates the disparity amount on or before July 1, 2008.

(4) All increases in the rate of reimbursement provided for in this section shall be used to increase the compensation of community direct service workers serving those with mental retardation.

(5) On or before January 1, 2005, the executive office of administration and the department of mental retardation shall report to the Senate Committee on Ways and Means, the House Committee on Ways and Means, the Joint Committee on Human Services and Elderly Affairs, and the Joint Committee on Public Service their determination of:

(i) The disparity amount;

(ii) The amount of annual increase in the rate of reimbursement to community providers necessary to reduce and eliminate the disparity amount as required under subsection (3) of this section.

(6) The Commissioner of the Department of Mental Retardation shall adopt regulations to implement this section.

(7) Nothing in this section shall be construed to prohibit the elimination of the disparity amount prior to July 1, 2008.

Floor Number: 549 Clerk Number: 378

AN AMENDMENT REGARDING UNDERGROUND STORAGE TANKS.

Mr. Berry of Peabody and Mr. Glodis of Worcester, move to amend the bill by

inserting after Section eighty-four, the following new Section:-

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

Floor Number: 550 Clerk Number: 384

FLOOR AMENDMENT BUDGET PAGE

NO. ___________

INTER-STATE RECIPROCITY IN EMT CERTIFICATION

Mr. McGee moves that the bill be amended by inserting after section 84, the following section:-

“Section 85 (A) Section 3 of chapter 111C of the General Laws is hereby amended by striking (b)(3) and inserting in place thereof the following: - (b)(3) establish minimum standards for the examination, certification, and reciprocity of appropriate EMS personnel, including, without limitation, EMS first responders and emergency medical technicians in accordance with section 9, but excluding physicians;

(B) Section 9 of chapter 111C of the General Laws is hereby amended by striking (a) and inserting in place thereof the following: - (a) No person shall provide EMS or hold oneself out as, or use the title of EMS first responder, basic or intermediate emergency medical technician or paramedic, or the acronym EMT, or any other title or acronym used by the department in the certification of EMS personnel under this chapter, unless such person has successfully completed the appropriate course in emergency medical care approved by the department pursuant to this chapter or offered by a course sponsor accredited by the department pursuant to this chapter, or has received the appropriate training in the provision of emergency medical care which, subject to such regulations as the department may establish, the department finds to be substantially equivalent to that provided by the equivalent full courses in emergency medical care approved by the department pursuant to this chapter or offered by a course sponsor accredited by the department pursuant to this chapter, and unless in each year following completion such course such person participates satisfactorily in an appropriate supplemental course in emergency medical care approved by the department pursuant to this chapter; provided, however, that the department may, under such regulations as it may establish, grant a temporary waiver of such requirements; and provided, further, that the department may, under such regulations as it may establish, issue provisional certification to a person who has applied to the department for a finding of substantial equivalency under this section, which provisional certification shall be valid until the department rules on such application. The department shall certify or approve EMS personnel who have successfully completed such course or such substantial equivalent in emergency medical care as an EMS first responder or as an emergency medical technician. The Department shall certify those persons who have successfully completed a course in emergency medical care which is substantially equivalent to that provided by the equivalent full courses in emergency medical care approved by the department and who have been certified in another state. Notwithstanding the requirements listed above, additional personnel, beyond the minimum staffing requirements for EMS vehicles established by regulation, may function on an EMS vehicle in a capacity defined in regulation. Additional personnel may be exempt from the full course in emergency medical care required by the department for EMS first responder and emergency medical technician certification; provided, however, that they fulfill all training and other requirements for additional personnel that the department shall establish by regulation.”

REGIONAL PLANNING

EDUCATION FUNDING FAIRNESS STUDY

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

Section__________. Section 35M, chapter 10 of the Massachusetts General Laws as appearing in the 2000 Official Edition is amended by striking said section and replacing therein the following:-

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

Mr. Moore, Ms. Walsh, Mr. Tarr, Ms Resor, Ms. Creem, Ms Fargo, Mr. O’Leary, Mr. Magnani and Mr. Joyce move to amend the bill by adding at the end thereof the following new section:-

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

Mr. Moore, Mr. Tarr, Ms Fargo, Ms Chandler, Mr. Joyce move to amend the bill by adding at the end thereof the following new section:-

INCREASING RETIREES COLA BASE

SPECIAL COMMISSION ON ENFORCEMENT OF THE STATE BUILDING CODE

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

Mr. Moore moves to amend the bill by adding the following new section:-

SECTION__________. “Section 74 of Chapter 177 of the Acts of 2001 is hereby amended by striking the words “August 31, 2002” and replacing therein the following:- “December 31, 2002.”

Floor Number: 524 Clerk Number: 326

TAX APPELLATE BOARD

Floor Number: 526 Clerk Number: 329

VOLUNTARY TAX

Floor Number: 527 Clerk Number: 330

PROBATE COURT GUARDIAN AD LITEM

Messrs. Lees, Hedlund, Knapik, and Mrs. Sprague move to amend the bill by inserting, after Section ___, the following new Section:-

Floor Number: 528 Clerk Number: 331

PROBATE COURT GUARDIAN AD LITEM

Messrs. Lees, Hedlund, Knapik, and Mrs. Sprague move to amend the bill by inserting after Section ___, the following new Section:-

Ms. Fargo moves to amend the bill by inserting, after Section 83, the following new section:-

(1) is receiving benefits under the terms of a contract of insurance for long term care;

(2) has entered into a life care or continuing care contract with a continuing care retirement community; or

(3) is paying privately for nursing home or rest home care in a facility licensed by the department of public health pursuant to section 72 of chapter 111.