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Messrs. Lees, Tisei and Knapik move to amend the bill by inserting at the end thereof the following section:-
"SECTION ____. Section 7 of Chapter 4 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking the following words contained in lines 88 and 89 of clause eighteenth:- ", with respect to Suffolk county only,"

Floor Number: 502 Clerk Number: 94
CHANGE SUFFOLK COUNTY HOLIDAYS

Messrs. Lees, Hedlund and Knapik and Mrs. Sprague move to amend the bill by inserting at the end thereof the following section:-
"SECTION ____. Section 7 of Chapter 4 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking the following sentence:- "Legal holiday" shall also include, with respect to Suffolk county only, March seventeenth and June seventeenth, or the day following when said days occur on Sunday; provided, however, that the words "legal holiday" as used in section forty-five of chapter one hundred and forty-nine shall not include March seventeenth, or the day following when said day occurs on a Sunday."

Floor Number: 503 Clerk Number: 99
WITHDRAWN

Floor Number: 504 Clerk Number: 136
GREATER LAWRENCE SANITARY DISTRICT

Mr. Baddour, Ms. Tucker, and Mr.Tarr move to amend the bill by inserting, after Section ___ the following new Section: -
"SECTION ___. Notwithstanding any general or special law to the contrary, the executive office of administration and finance in cooperation with the executive office of environmental affairs and the department of environmental protection, shall meet its obligations under the biosolids improvement project for the Greater Lawrence Sanitary District by June 30, 2006.

Floor Number: 505 Clerk Number: 183
STABILIZATION FUND

Messrs. Hedlund, Tarr, Knapik, Lees, Tisei, and Ms. Sprague move to amend the bill by adding at the end thereof the following section:-
"SECTION____. Section 2H of chapter 29 of the General Laws as amended by section 13A of chapter 177 of the acts of 2001, is hereby amended by inserting after the words "determination by" the following language:- a two-thirds majority vote of".

Floor Number: 506 Clerk Number: 189
COMMISSION TO END HOMELESSNESS

Mr. Panagiotakos moves to amend the bill by inserting at the end thereof the following new Section:-
SECTION____. Section 1. There shall be a special commission charged with creating a 5-year comprehensive housing plan to end homelessness in the commonwealth. The commission shall consist of: 6 members of the house of representatives, 1 of whom shall be a member of the minority party and 1 of whom shall be designated co-chairperson;6 members of the senate, 1 of whom shall be a member of the minority party and 1 of whom shall be designated co-chairperson; the secretary of the executive office of health and human services, or his designee; the director of the department of housing and community development, or her designee; the secretary of administration and finance, or his designee; the commissioner of the department of corrections, or his designee; the president of the Massachusetts Sheriff's Association; and 2 housing advocates and 2 homeless advocates appointed by the governor.
Section 2. The plan shall include, but not be limited to, a compilation and analysis of the following information:- (i) a determination of the number of units required by geographic area to house homeless individuals and families; (ii) the coordination of discharge planning from correctional, mental health and other institution, and the types of housing support systems required to ease or end homelessness; (iii) recommendations relative to the establishment of a program of coordinated community support services designed to enable homeless individuals and families to move towards independence and self-sufficiency, which community support services shall include, but not be limited to, the case management of the individual and family integration or reintegration into independent community living; and (iv) identification of the number of housing units affordable to very low income and extremely low income households according to the definition by the United States Department of Housing and Urban Development, or any successor agency. The coordinated services that the commission shall analyze as a part of an individual or family living plan designed to ease or eliminate homelessness shall include, but not be limited to, adult education, employment training and placement, family stabilization and reunification services, the Head Start program, child care and after-school services, substance abuse and mental health counseling and treatment, primary and preventive health care services, post criminal justice rehabilitation and reintegration services, housing and rental assistance, energy and conservation assistance, group adult foster care and other elder home care services and nutrition.
Section 3. For the purposes of this legislation, "homelessness" shall mean the condition of any person who lacks a sanitary and safe 24-hour residence and who has a primary nighttime residence that is a publicly or privately operated, supervised shelter designed to provide temporary living accommodations including, but not limited to, the following: welfare hotels, congregate shelters, transitional housing or facility, institution, structure or dwelling that provides a temporary residence for individuals in need of custodial care and any public or private place not designed for, or ordinarily used as, regular living accommodations.
Section 4. The executive office of administration and finance shall provide staff for the commission. The commission shall file the results of its study, including a timeline for implementation, with the clerk of the house of representatives and the clerk of the senate, along with cost estimates and finance mechanisms to effectuate its recommendations no later that July 1, 2004. The commission shall also file a copy of its report with the joint committee on housing and urban development and the house and senate committees on ways and means no later than July 1, 2004.

Floor Number: 507 Clerk Number: 211
BOSTON INCINERATOR SITE

Ms. Wilkerson moves to amend the bill by inserting, after Section ____, the following new Section: -
"SECTION ____. The first sentence of section 1 of chapter 256 of the acts of 2002 is hereby amended by striking out the words "subject to sections 40E to 40J, inclusive," and inserting in place thereof the following words: "notwithstanding section 40F1/2". Said first sentence is hereby further amended by striking the word "to" after the words "General Laws".

Floor Number: 508 Clerk Number: 260
SOUTH BOSTON POWER STATION

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

"SECTION______. Notwithstanding any general or special law to the contrary, Parcel Exchange Lot 1 as hereinafter described, together with all trees and structures thereon, if any, is hereby transferred by virtue of this act in fee simple to the Massachusetts Bay Transportation Authority; provided further that notwithstanding any general or special law to the contrary, Parcel Exchange Lot 2 as hereinafter described, together with all trees and structures thereon, if any, is hereby transferred by virtue of this act in fee simple to the Commonwealth and placed under the control of the Metropolitan District Commission subject to an easement reserved to the Massachusetts Bay Transportation Authority as hereinabove stated.
Parcel Exchange Lot 1, as hereinafter described, shall be held for mass transportation purposes, as further defined and consistent with Chapter 161A of the General Laws of the Commonwealth of Massachusetts. Parcel Exchange Lot 2, as hereinafter described, shall be dedicated to public uses authorized by Article Amendment XCVII of the Constitution of the Commonwealth.
The transfers herein authorized of Parcel Exchange Lot 1 by the Commonwealth of Massachusetts and Parcel Exchange Lot 2 by the Massachusetts Bay Transportation Authority shall be effective notwithstanding any inconsistent public use and no compensation shall be paid. This act shall effectuate the transfers of the property interests and rights as provided herein and this act shall be accepted for filing in the appropriate registry of deeds or land court by the Massachusetts Bay Transportation Authority in behalf of the Massachusetts Bay Transportation Authority for Parcel Exchange Lot 1 that will be under the ownership and control of the Massachusetts Bay Transportation Authority and also by the Massachusetts Bay Transportation Authority in behalf of the Commonwealth of Massachusetts for Parcel Exchange Lot 2 that will be under the ownership of the Commonwealth of Massachusetts and under the control of the Metropolitan District Commission.
The authorization herein of the transfer of Parcel Exchange Lot 1 recognizes that prior to this act said parcel is under the ownership of the Commonwealth and under the control of the Metropolitan District Commission and therefore is subject to the provisions of Article Amendment
XCVII of the Constitution of the Commonwealth and as such requires a two-thirds vote of approval of each branch of the general court of the Commonwealth of Massachusetts.
The following are the legal descriptions for Parcel Exchange Lot 1 and Parcel Exchange Lot 2.
Parcel Exchange Lot 1:
A certain parcel of land located on East First Street, identified as Parcel Exchange Lot 1, in the city of Boston, County of Suffolk, Commonwealth of Massachusetts, as shown on a plan entitled "Parcel Exchange Plan, MBTA South Boston Power Plant, 680 East First Street, South Boston, Massachusetts", Sheet P-1 of 1, dated March 13, 2003, and prepared by Judith Nitsch Engineering, Inc., is hereby bounded and described as follows: Parcel Exchange Lot 1, Fee Conveyance: Commencing from a point at the intersection of the easterly sideline of Summer Street and the northerly sideline of East First Street; thence N 88° 23'25" E a distance of eight hundred nine and forty-five hundredths feet (809.45') coincident with said northerly sideline of East First Street to the point of beginning of said parcel; thence N 01° 36'35" W a distance of six hundred and zero hundredths feet (600.00') along the easterly line of land now or formerly of Boston Edison Company to a point; thence N 88°23'25" E a distance of five hundred two and eighty-two hundredths feet (502.82') to a point; thence S 01°36'35" E a distance of thirty and zero hundredths feet (30.00') to a point; thence S 37°45'33" W a distance of fifty one and seventy-four hundredths feet (51.74') to a point; thence S 88°23'25" W a distance of two hundred ninety and zero hundredths feet (290.00') to a point; thence S 01°36'35" E a distance of two hundred fifty and zero hundredths feet (250.00') to a point; thence S 88°23'25" W a distance of one hundred and zero hundredths feet (100.00') to a point; thence S 01°36'35" E a distance of two hundred eighty and zero hundredths feet (280.00') to a point coincident with the northerly sideline of East First Street; the previous six (6) courses are coincident with land of the MBTA; thence S 88°23'25" W a distance of eighty and zero hundredths feet (80.00') coincident with the northerly sideline of East First Street to the point of beginning; containing an area of one hundred one thousand nine hundred forty-one plus or minus square feet (101,941± sq. ft.) or two and thirty-four hundredths plus or minus acres (2.34 ± acres). For title reference to Parcel Exchange Lot 1, see Section 2H, Item 6005-9575 of Chapter 273 of the Acts of 1994 and Section 106 of Chapter 273 of the Acts of 1994.
Parcel Exchange Lot 2:
A certain parcel of land identified as Parcel Exchange Lot 2, in the city of Boston, County of Suffolk, Commonwealth of Massachusetts, as shown on a plan entitled "Parcel Exchange Plan, MBTA South Boston Power Plant, 680 East First Street, South Boston, Massachusetts", Sheet P-1 of 1, dated March 13, 2003, and prepared by Judith Nitsch Engineering, Inc.,
is hereby bounded and described as follows: Parcel Exchange Lot 2, Fee Conveyance: Commencing from a point at the intersection of the westerly sideline of former O Street and the northerly sideline of East First Street; thence S 88°23'25" W a distance of forty and zero hundredths feet (40.00') coincident with said northerly sideline of East First Street to the point of beginning of said parcel; thence S 88°23'25" W a distance of one hundred twenty and fifty-four hundredths feet (120.54') along said northerly sideline of East First Street to a point; thence N 00°34'15" E a distance of one hundred nine and ninety-five hundredths feet (109.95') to a point; thence N 19°49'01"W a distance of one hundred thirty and twenty-two hundredths feet (130.22') to a point; thence N 21°19'38" W a distance of three hundred five and fifteen hundredths feet (305.15') to a point; thence N 01°36'35" W a distance of one hundred sixty-nine and eighteen hundredths feet (169.18') partially along the easterly line of land of Metropolitan District Commission to a point; thence N 88°23'25" E a distance of three hundred and zero hundredths feet (300.00') along the southerly line of land of Metropolitan District Commission to a point coincident with the westerly sideline of former O Street; thence S 01°36'35" E a distance of six hundred fifty and zero hundredths feet (650.00') along the westerly sideline of former O Street to a point; thence S 43°23'25" W a distance of fifty-six and fifty-seven hundredths feet (56.57') to the point of beginning; containing an area of one hundred sixty thousand six hundred ten plus or minus square feet (160,610± sq. ft.) or three and sixty-nine hundredths plus or minus acres (3.69± acres). For title reference to Parcel Exchange Lot 2, see Certificate of Title No. 97947.
Parcel Exchange Lot 1 and Parcel Exchange Lot 2 are located at or in the immediate vicinity of the South Boston Power Station complex on East First Street in South Boston, County of Suffolk, Commonwealth of Massachusetts. For title reference to the Massachusetts Bay Transportation Authority's South Boston Power Plant property, see Certificate of Title No. 97947 and Section 2H, Item 6005-9575 of Chapter 273 of the Acts of 1994 and Section 106 of Chapter 273 of the Acts of 1994.
This act shall take effect upon its passage."

Floor Number: 509 Clerk Number: 263
ELECTRIC AND GAS COMPANIES SERVICE CENTER

Mr. Hart moves to amend the bill by inserting, after Section____, the following new Section: -
"SECTION_____. Any electric distribution or gas company doing business in the Commonwealth shall be required to maintain and staff at least four customer billing and service centers which shall be open at least five days a week where customers can resolve billing disputes and make payments for services received. Companies or their agents shall not refuse cash payments nor shall they charge a surcharge for cash payments.

Floor Number: 510 Clerk Number: 290
RESTORATION OF LOCAL OVERSIGHT - SITING OF CELL TOWERS

Mr. Fargo moves to amend the bill by inserting, after Section __, the following new Section: -
"SECTION __. The second paragraph of section 3 of chapter 40A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding the following sentence: - "For the purposes of this chapter, the term public service corporation shall not include commercial mobile radio service providers."

Floor Number: 511 Clerk Number: 305
AN AMENDMENT RELATIVE TO FALSIFYING AN EMERGENCY TRANSMISSION

Mr. Tarr and Mr. Joyce move to amend the bill (Senate Bill 2004) by adding, at the end thereof, the following new section: -
SECTION ___. Chapter 269 of the General Laws as appearing in the 1998 Official Edition is hereby amended by adding the following new section, Section 13B: -
Whoever, knowing the same to be false, transmits or causes to be transmitted by telephone or any other means of communication, the alleged occurrence or impending occurrence of an emergency situation which threatens the life or safety of a person or persons and/or the loss of property to any state, federal, or local law enforcement agency, or any state or federal organization having the function of dealing with such emergencies, or to any person, or any official or quasi-official agency, shall be punished by imprisonment in jail or house of correction for not more than two and a half years or by a fine of not more than ten thousand dollars or both.
All fines and penalties in actions under this Section, shall be paid to the General Fund of the Commonwealth; provided, however, that if the complaining officer is an Environmental Police Officer, or a Deputy Environmental Police Officer, such fines and penalties shall be retained by the Division of Environmental Law Enforcement and deposited as revenue and shall be applicable to the Division's retained revenue account.

Floor Number: 512 Clerk Number: 325
AN AMENDMENT TO IMPROVE GOVERNMENT EFFICIENCY

Mr. Tarr, Mr. Baddour, Mr. Hedlund, Mr. Joyce and Ms. Sprague move to amend the bill (Senate bill 2004) in by adding, at the end thereof, the following new section: -
"; Chapter 29 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding the following new section after Section 5F: -
Section 5G: Development and Adoption of Zero-Based Budget Estimates

1. The Secretary of Administration and Finance, with the approval of the Governor, shall on a quadrennial basis develop and submit to the Clerks of the Senate and House of Representatives a zero-based budget, so-called, for each agency and department of state government.
Said zero-based budget shall reflect the amount of funding deemed necessary to achieve the most cost-effective performance of each agency or department pursuant to an accompanying narrative delineating the tasks to be performed by that agency or department, together with goals and objectives for each agency or department for a period not to exceed four years. Said budget shall have a zero dollar amount as its basis, and shall not reflect any prior appropriation amount, adjusted or otherwise.
2. Said zero-based budget shall be referred by the Senate and House of Representatives to the committees of subject matter jurisdiction relevant to each component of said budget. Such committees shall evaluate each such component, taking into account all available information, including that provided by public testimony in oral and written form. The evaluations of the committee shall then be reported to the Senate and House Committees on Ways and Means.
3. The Ways and Means Committees of the Senate and House of Representatives shall, jointly or individually, conduct at least one public hearing on the zero-based budget and shall also receive written and electronic testimony for a period of not less than 30 days on said budget.
Said ways and means committees shall jointly develop and submit to the Clerks of the Senate and House of Representatives a zero-based budget estimate not later than 60 days following the receipt of the zero-based budget estimate filed by the Secretary pursuant to Section 1 above.
Said zero-based budget estimate shall be included in a joint resolution and placed before the members of the General Court for their consideration. Such joint resolution, if adopted, shall be employed in evaluating each annual budget considered by the General Court for the four years following its adoption.
4. Zero-based budgeting shall mean, for the purposes of this section, a means of developing appropriations based on the cost-effective achievement of the tasks and goals of a particular agency or department without regard to prior appropriations, adjusted for inflation or otherwise. Any appropriation so developed shall to the extent possible, be accompanied by a brief description of said tasks and goals together with the performance measure of the achievement of those tasks and goals.

Floor Number: 513 Clerk Number: 367
BOARD OF CERTIFICATION OF WELL DRILLERS AND WELL PUMP INSTALLERS

Mr. McGee moves to amend the bill by inserting, after Section 108, the following new Section: -
SECTION 108A. Chapter 21 of the General Laws is hereby amended by striking out section 16 and inserting the following section:-
Section 16.
a.) There shall be a board of certification of well drillers and well pump installers to protect the groundwater resources and public health of the Commonwealth by ensuring a high level of competency among individuals conducting well drilling and well pump installing business throughout the Commonwealth. The board shall consist of the Chairman of the Water Resources Commission staff designee, who shall be chairman, the Commissioner of Department of Environmental Protection staff designee, the Commissioner of Department of Public Health staff designee and four members appointed by the Governor. The appointed members of the Board shall consist of one qualified member of the statewide boards of public health officials association who has been recommended to the Governor's office by the association executive committee, and two qualified and experienced certified well drillers who are current members of the state-wide well drillers association who have been recommended to the Governor's office by the association executive committee, and one qualified and experienced certified well pump installer who is a current member of the state-wide well drillers association who has been recommended to the Governor's office by the association executive committee. Each appointed member term shall be four years in length. As appointed member terms expire, successors shall be appointed in like manner for four year terms. Each appointed member of said board shall receive necessary traveling expenses actually incurred in the discharge of his or her official duties.

b.) Said board shall meet at the call of the chairman. Quorum shall be four members present. Board shall promulgate regulations which establish minimum qualifications which must be possessed by well drillers and well pump installers, regulations shall include well drilling and well pump installing industry definitions. Said board may prepare and conduct examinations, maintain certification records and may issue and renew certificates. Said board may issue fines, suspend or revoke, after hearing and for cause, certification of competency. Said board may adopt further rules and regulations not inconsistent with the law as it may deem necessary in the performance of its duties.

c.) Administrative board records shall be maintained by the Division. Technical well digging, drilling, altering or decommissioning data required from certified well drillers shall continue to be received, maintained and made available to the public by Water Resources Commission staff.

d.) Any person who desires to be certified as a well driller or well pump installer shall file with the board of certification of well drillers and well pump installers, a completed application form to be furnished by said board. The applicant shall include in such application under oath his qualifications. If the qualifications of the applicant meet or exceed the minimum qualifications established by the board, and if the applicant passes an examination satisfactory to the board, said board shall issue the applicant a certificate, which will expire at the end of the current renewal period. Said certificate may be renewed for periods of not more than two years thereafter; or more frequently as determined by the Board in regulations. The fee for new certificates and certificate renewal shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven.

e.) Wells are hereby defined as any hole or shaft in the ground constructed for the purpose of withdrawing water, observing water, monitoring water, sampling water, heat transfer or otherwise utilizing, the groundwater resources of the Commonwealth. For the purposes of this section well components include but are not limited to the well hole or well shaft, well casing, annular seal between well hole or well shaft and well casing, well cap and sanitary surface seal. Well digging, drilling and altering are hereby defined as the use of any machinery or equipment that results in any new, repaired or maintained hole or shaft in the ground for the purpose of withdrawing water, observing water, monitoring water, sampling water, heat transfer or otherwise utilizing the groundwater resources of the Commonwealth. Decommissioning of wells is hereby defined as any grouting, filling or capping activity that results in a well being rendered useless for its intended purpose. This section shall not restrict the Board from developing, maintaining and modifying definitions as necessary in Board regulations.

f.) Well pumps are hereby defined as any mechanical and/or electrical equipment or device and appurtenances used to remove or inject water or other fluids from or into a well. For the purposes of this section well pump components include but are not limited to all types of submersible well pumps and all types of above the water surface well pumps including appurtenances such as pipes, electrical wiring, pressure tanks, safety pressure switches, necessary to convey potable, or other purpose, water into a building or dwelling (including water treatment systems or devices) to the point of connection with the building potable, or other purpose, water distribution system; to convey, inject, water, re-circulated water or other fluids to or from heat pumps, filters, irrigation systems or other devices which are located inside or outside a building. Well pump installation is hereby defined as installation of a new pump including appurtenances, maintenance or repair of an existing pump including appurtenances and replacement of an existing pump including appurtenances This section shall not restrict the Board from developing, maintaining and modifying definitions as necessary in Board regulations.

g.) Pipe plumbing connection of well pump water conveyance appurtenances to any potable water distribution system inside a building or dwelling shall be made by a Master or journeyman plumber registered with the Commonwealth of Massachusetts Board of State Examiners of Plumbers and Gas Fitters.

h.) Any currently registered well driller under MGL Chapter 21 Section 16, 313 CMR 3.00 as of the effective date of this act, shall be considered qualified for certification in the appropriate type of well drilling under these sections and board regulations.

Any currently registered well driller under MGL Chapter 21 Section 16, 313 CMR 3.00 as of the effective date of this act, who holds a registration as registered well driller, not monitoring well driller, shall be considered qualified for certification as a well pump installer under these sections and board regulations.

Any person currently engaged in the business of well pump installation as of the effective date of this act, who provides to the board within twelve months of the effective date of this act, proof of at least three years experience in said business shall be considered qualified for certification as a well pump installer under these sections and board regulations. Proof of experience must include business records that demonstrate experience working on at least thirty six well pump installation, maintenance, repair or replacement jobs over the three year period prior to the effective date of this act.

i) The board of certification of well drillers and well pump installers shall by reference or by itself establish minimum well construction and decommissioning standards for wells dug, drilled, altered or decommissioned by certified well drillers and for well pumps installed, maintained, repaired and replaced by certified well pump installers throughout the commonwealth. Nothing in this section shall prevent cities and towns of the Commonwealth from establishing local well construction, well decommissioning or pump installation standards, however such standards shall not lessen the standards established by these sections and board regulations. Any certified well driller who fails to ensure a well is constructed in compliance with the Board minimum well construction and decommissioning standards shall be punished by a fine of not more than $1,500 per well determined to be out of compliance. Any certified pump installer who fails to ensure a well pump and appurtenances are installed in compliance with the Board minimum well pump installation standards shall be punished by a fine of not more than $1,500 per well pump installation determined to be out of compliance.

j.) All well drilling operations must be conducted or supervised directly on site by a certified well driller. All pump installation work must be conducted or supervised directly on site by a certified pump installer. Mobilization and demobilization of drilling equipment does not apply to this section.

k.) No person shall engage in the business of digging, drilling, altering or decommissioning wells; or installing, maintaining, repairing or replacing well pumps within the Commonwealth unless he or she is certified by the board as either a certified well driller or certified pump installer. Violation of this section shall be punished by a fine of not more than $3,000 per well dug, drilled, altered or decommissioned; or pump installed, maintained, repaired or replaced without the person having been issued a certificate of competency by the board of certification of well drillers and pump installers as either a certified well driller or certified well pump installer. The superior court shall have jurisdiction in equity to enforce the provisions of this section.

Said well driller certification shall be sufficient authority for any said person to engage in the business of digging, drilling, altering or decommissioning wells; and said well pump installers certificate shall be sufficient authority for any said person to engage in the business of installing, maintaining, repairing or replacing well pumps anywhere within the Commonwealth and no further certification, licensing or registration shall be required; provided, however, that nothing contained herein shall prohibit the appropriate local authority in any city or town from requiring any person engaged in the digging, drilling, altering or decommissioning of wells; or installing, maintaining, repairing or replacing of well pumps to obtain a well permit, site permit or other permit in accordance with local codes, bylaw, terms and conditions which ensure health and safety and said city or town may charge said person a reasonable fee for said permit(s) as determined by the city or town.

l.) No certified well driller shall proceed with well digging, drilling, or decommissioning; and no certified well pump installer shall proceed with well pump installation until the appropriate local authority has issued a well or site permit, or other permit in accordance with local codes, bylaw, terms and conditions which ensure health and safety. Certified well drillers and certified well pump installers shall be responsible for ensuring that all applicable local, state and federal permits are in place prior to proceeding with well digging, drilling, altering or decommissioning, or pump installation, maintenance, repair and replacement. The board shall develop a sample local well permit and pump installation permit which shall be completed and filed with appropriate local authority if said local authority does not require a local permit for well digging, drilling, altering or decommissioning; or well pump installation, repair, maintenance or replacement. Any certified well driller who fails to comply with any local, state or federal permit requirement prior to proceeding with well digging, drilling, altering or decommissioning shall be punished by a fine of not more than $500 per occurrence. Any certified well pump installer who fails to comply with any local, state or federal permit requirement prior to proceeding with well pump installation, maintenance, repair or replacement shall be punished by a fine of not more than $500 per occurrence.

m.) Within thirty days after completion of any well digging, drilling, altering or decommissioning, the certified well driller conducting such business shall submit a report, on a form provided by the Board, to the board providing such information as may be required under said board regulations.

Any certified well driller that engages in the business of digging, drilling, altering or decommissioning wells who fails to submit a report within 30 days of completion of a well shall be punished by a fine of not more than $500 per occurrence.

Floor Number: 514 Clerk Number: 397
DICHARGE OF MORAL OBLIGATION

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

SECTION___. "Section 1. Notwithstanding the provisions of any general or special law to the contrary, in order to discharge a moral obligation of the commonwealth, there shall be allowed and paid out of the state treasury, subject to appropriation, to Dennis Maher the sum of $20,000 for legal expenses incurred in the defense of a criminal indictment against him which defense resulted in nolle prosequi of the charge and the sum of $500,000 as reparation for more than 19 years of unjust imprisonment."

Floor Number: 515 Clerk Number: 403
COMPENSATION FOR THE WRONGFULLY CONVICTED

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

SECTION___. "Section 1. The general court hereby finds that (1) innocent persons who have been wrongly convicted of crimes and subsequently imprisoned have difficulty achieving legal redress because of a variety of substantive and technical obstacles in state law;(2) these innocent persons should have an available remedy from the Commonwealth, whose official, criminal justice apparatus has seriously failed when an innocent person is convicted and incarcerated; (3) the provisions of this law are intended to permit a person who has already obtained relief from a wrongful conviction and who demonstrates that he or she did not commit the crime- is innocent-to make a claim against the Commonwealth.
Section 2. The General laws are herby amended by adding the following new chapter:-Section 1. Availability of Compensation from the Commonwealth
Any person convicted of one or more crimes and sentenced to a term of incarceration by a court of the Commonwealth who thereafter obtains post-conviction relief pursuant to Rule 30 of the Massachusetts Rules of Criminal Procedure, or pursuant to any other proceeding, may receive compensation from the Commonwealth, payable as an annuity, in a an amount not exceeding five hundred thousand dollars upon his or her demonstration that:
(a) He or she has been pardoned upon the ground of innocence of the crime or crimes for which she or he was sentenced, or
(b) His or her judgment of conviction was reversed or vacated and the complaint or indictment was dismissed, or a nolle prosequi or a judgment of acquittal was entered or, if a new trial was ordered, that either he or she was found not guilty at that new trial or he or she was not retried and the complaint or indictment was dismissed or a nolle prosequi was entered, provided that the judgment of conviction was reversed or vacated and the complaint or indictment was dismissed or judgment of acquittal or nolle prosequi entered on grounds consistent with innocence; and (c) He or she did not commit the crime for which post-conviction relief was granted. In evaluating the evidence submitted by the claimant, the court shall, in the interests of doing substantial justice, exercise its lawful discretion regarding the weight and admissibility of evidence, by giving due consideration to any difficulties of proof caused by the passage of time, the death or unavailability of witnesses, or other factors not caused by the claimant or those acting on the claimant's behalf.
Section 2. Determination of damages.
Upon a finding that the claimant meets the requirements of section one, the court shall determine damages, with the total amount not to exceed five hundred thousand dollars. In making such determination, the court shall consider the actual costs to the claimant in defending against the charges and in establishing that the convictions were erroneous, the particular circumstances of the claimant's trial and other proceedings, the length and conditions under which the claimant was incarcerated, and any other factors deemed appropriate under the circumstances in order to fairly and reasonably compensate the claimant. Upon a determination of the damages, the court shall enter a judgment against the Commonwealth for the claimant in an amount certain, payable as an annuity, but not in excess of five hundred thousand dollars.
Section 3. Venue in Superior Court for Suffolk County
An action for compensation brought by a wrongfully convicted individual under these provisions shall be filed in the Superior Court for Suffolk County.
Section 4. Service upon the Attorney General
The claim for compensation brought by a wrongfully convicted individual under these provisions shall be served upon the Office of the Attorney General for the Commonwealth.
Section 5. Expungement orders.
(a) Upon a finding that a claimant meets the requirements of section 2, the court shall enter an order directing the expungement of records of the claimant and the claimant's case(s), including, but not limited to, documents and other materials and any samples maintained by the criminal history systems board, the probation department, the sex offender registry, and the state DNA database.
(b) The court may also enter orders of expungement directed to other state, municipal or local departments, agencies, commissions or committees, including law enforcement operations, as appropriate to the circumstances of the individual claimant.
(c) Any expungement order shall provide that, in any employment application, the claimant may answer "no record" as to any charges so expunged in response to an inquiry regarding prior arrests, court appearances or criminal convictions. (d) The charges and convictions expunged shall not operate to disqualify the claimant in any examination, appointment, or application for public employment in the service of the Commonwealth or any political subdivision thereof; nor shall such charges be used in any way in any court proceeding or hearings before any court, board or commission.
Section 3. Notwithstanding the provision of the previous sections said wrongfully convicted petitioner shall be offered, without any fees, the following services by the commonwealth: education in a college of the commonwealth to be provided by the board of higher education, as determined by the chancellor; counseling and other appropriate services, as determined by the secretary of human services; employment opportunities, as determined by the director of the department of Massachusetts rehabilitation.

Section 4. The Commissioner of Correction, the Sheriffs of the Commonwealth, the Chairman of the Parole Board, and the Commissioner of Correction shall provide a copy of this law, concerning claims for unjust conviction and imprisonment, to any prisoner, parolee or probationer who is ordered released from custody through proceedings establishing the grounds for release described in section 1.

Section 5. Chapter 260 of the General Laws is herby amended by inserting after section 4C the following new section:-
Section 4D. An action for compensation brought by a wrongfully convicted person under the provisions of Chapter 258D shall be brought within three years of the grant of post-conviction relief. Any action by the Commonwealth challenging or appealing the grant of post-conviction relief shall toll this period. Persons convicted, committed and released from custody prior to the effective date of Chapter 258D shall bring any action under the provisions of said chapter within three years of that effective date."

Floor Number: 516 Clerk Number: 415
BANNING SMOKING

Mr. Tolman moves to amend the bill by inserting, after Section 610, the following new Section:-
"SECTION 611. Section 22 of Chapter 270 of the General Laws is hereby amended by striking the third paragraph and inserting in place thereof the following language:
'No person shall smoke in any place of public accommodation including, but not limited to, restaurants and bars.'
Said section is further amended in the fourth paragraph by striking the words 'and third.'"

Floor Number: 517 Clerk Number: 428
COST BENEFIT ANALYSIS

Mr. Lees moves to amend the bill by inserting, after Section ___, the following four new Sections:-
"SECTION __. Section 1 of Chapter 30A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the definition of "regulation" in paragraph (5) the following new paragraph: - (6) "Regulatory impact statement" a statement by the promulgating agency which shall (a) identify the statutory change, problem, issue or deficiency
addressed by the proposed regulation; (b) identify the methodology or approach, including identification of expert information and analysis, used to address the statutory change, problem, issue or deficiency; (c) identify specifically who is affected and to what extent by the proposed regulation; (d) identify when such regulation becomes effective, when such regulation will be changed, if known, and how and when the regulation will be reviewed in the future, if at all; (e) identify and describe the immediate and long term financial impacts of the regulation on the issuing agency, each affected person, party or group of affected parties, state government, and the public, including permitting costs, internal compliance costs, and indirect costs, if any; (i) identify the fiscal effect on the public and private sectors for the first and second year of the regulation's existence, and provide a projection of fiscal impact over the first five years; and (g) identify and describe specifically the benefits of the regulation. Any data, including written information or material, statistics, measurements, calculations or other information used as the basis for reasoning, recommendation or conclusions, including any such information provided to the agency by a consultant, vendor or other third party, shall be part of the record and available to the public upon request."; and
"SECTION ____. Section 2 of said chapter 30A of the General Laws, as so appearing, is hereby amended by inserting after the third paragraph the following new paragraph:-
Every agency issuing rules and regulations shall maintain a notification list of persons and groups who are interested in the agency's rulemaking and who request preliminary notification of agency rulemaking, with such request renewed annually by persons or groups in December. No later than thirty days prior to the notice of hearing described above, the agency shall send a preliminary notification of agency rulemaking to each person or group who has requested preliminary notification of rulemaking and to the appropriate committee of the Legislature that has legislative jurisdiction for the rule issuing agency, and to the Ways and Means Committees of both the House of Representatives and the Senate. The preliminary notification of rulemaking shall (a) identify the rule to be noticed for hearing and the scope of the proposed rule, (b) provide the statutory authority for such proposed rulemaking, and (c) identify the person within the agency responsible for the rulemaking and
who can be contacted for more information."; and
"SECTION _____. Section 3 of said chapter 30A of the General Laws, as so appearing, is hereby amended by inserting after the second paragraph the following:-
Every agency issuing rules and regulations shall maintain a notification list of persons and groups interested in the agency's rulemaking and who request preliminary notification of agency rulemaking, such request renewed annually by persons and groups in December. No later than thirty days prior to the notice described above the agency shall send a preliminary notification of agency rulemaking to each person or group who has requested preliminary notification of agency rulemaking and to the appropriate committee of the Legislature that has legislative jurisdiction for the rule issuing agency and to the Ways and Means Committees of the House of Representatives and the Senate. The preliminary notification shall (a) identify the rule to be noticed and the scope of the proposed rule, (b) provide the statutory authority for such proposed rulemaking, and (c) identify the person within the agency responsible for the rulemaking and who can be contacted for further information."
"SECTION ____. Section 5 of chapter 30A of the General Laws, as so appearing, is hereby amended by deleting the first sentence of the second paragraph and inserting in place thereof:- No rule or regulation so filed with the state secretary, except those filed for the purpose of setting rates, issuing grants or providing loans, and except those filed by the Department of Telecommunications and Energy or the Division of insurance, shall become effective until a regulatory impact statement has been completed, made public during the hearing process described above, approved by the secretary of economic development, and filed with the state secretary. No regulation will be in effect for a period of more than five years from the date of adoption, provided however, that the issuing agency may affirmatively extend the regulations so long as a new regulatory
impact statement is completed prior to expiration of the regulations, proper notice is given to interested parties and a public comment period is provided. The secretary economic development shall adopt regulations to further define and implement the use of regulatory impact statements in agency rulemaking."

Floor Number: 518 Clerk Number: 456
SUNSET ADVISORY COMMISSION

Mr. Lees moves to amend the bill by adding at the end thereof the following: -
"SECTION ____. There is hereby established a special commission, to be called The Sunset Advisory Commission, to study and report to the Legislature and Governor on the following to determine whether a public need exists for the continuation of a state agency or its advisory committees or for the performance of the functions of the agency or its advisory committees: the efficiency with which the agency or advisory committee operates; the objectives intended for the agency or advisory committee and the problem or need that the agency or advisory committee was intended to address; the extent to which the objectives have been achieved; any activities of the agency in addition to those granted by statute and the granting authority for these activities; less restrictive or alternative methods of performing any function of the agency that could adequately protect the public; the extent to which the advisory committee is needed and is used by the agency; the extent to which the jurisdiction of the agency and the programs administered by the agency overlap or duplicate those of other agencies and the extent to which the programs administered by the agency can be consolidated with the programs of other state agencies; the active participation by the agency to effect statutory change; the promptness and effectiveness with which the agency disposes of complaints concerning persons affected by the agency; the extent to which the agency has encouraged participation by the public in making its rules and decisions and the extent to which the public participation has resulted in rule changes compatible with the objectives of the agency; the extent to which the agency has complied with applicable requirements of an agency of the United States or of this state regarding equality of employment opportunity and the rights and privacy of individuals; the applicable laws or rules of any state agency regarding purchasing goals and programs for historically underutilized businesses; and the extent to which changes are necessary in the enabling statutes of the agency so that the agency can adequately comply with the criteria listed in this section.
The Sunset Advisory Commission shall consists of three members of the senate, two appointed by the Senate President and one by the minority leader, and six members to be appointed by the Governor, three of whom shall not be an elected or appointed public official, and three members of the House of Representatives, two appointed by the Speaker of the House and one by the Minority Leader. Each appointing authority may designate himself as one of the legislative appointees. The commission shall have co-chairmen as presiding officers to be elected by the members of the commission. The co-chairmen may not be from the same political party and shall serve for a period of 2 years. The co-chairmen, with the advice and consent of a majority of the commission members, shall establish the rules for completing their duties.

Floor Number: 519 Clerk Number: 503
COMMONWE4ALTH DEVELOPMENT

Mr. Lees of East Longmeadow moves that the bill be amended by adding at the end thereof the following:-

SECTION xxx. Chapter 6A of the General Laws is amended by adding the following new section:-

"EXECUTIVE OFFICE FOR COMMONWEALTH DEVELOPMENT

Section 8B. The executive office for commonwealth development shall serve as the principal agency of the executive department of the government of the commonwealth for the purposes of protecting, improving, and ensuring sustainable development and utilization of the natural and built environment of the commonwealth and of coordinating the environmental, transportation, housing and community development, and energy policies and programs of the commonwealth so that they protect, improve, and ensure the sustainable development and utilization of the natural and built environment of the commonwealth. The secretary of commonwealth development shall be responsible for the exercise of all powers and the performance of all duties assigned by law to the executive office for commonwealth development and shall act as the executive officer of the governor in all matters pertaining to the financial, administrative, planning, management, and coordinating functions and affairs of offices, agencies and other administrative units within the executive office for commonwealth development. The secretary shall serve as the chair of the Commonwealth Development Coordinating Council."

Section 2. Mr. Lees of East Longmeadow moves that the bill be amended in section 16, in section 8B, by striking out the words "Section 8B. (a) There shall be a commonwealth development coordinating council responsible for preparing a coordinated development policy for the commonwealth addressing housing, transportation, capital development, economic development, and the preservation of environmental resources in the commonwealth" and inserting in place thereof the following:-

"Section 8B. (a) There shall be a commonwealth development coordinating council, chaired by the secretary of commonwealth development, responsible for preparing a coordinated development policy for the commonwealth addressing housing, transportation, capital development, economic development, and the preservation of environmental resources in the commonwealth."

Section 3. Mr. Lees of East Longmeadow moves that section 2 of the bill be amended by striking out line item 0411-1001.

Section 4. Mr. Lees of East Longmeadow moves that the bill be amended by inserting the following:-

"7004-0000 Executive Office for Commonwealth Development…………….$250,000"

Section 5. Mr. Lees of East Longmeadow moves that the bill be amended by inserting at the end thereof the following:-

Section xxx. Section 2 of Chapter 6A of the General Law is hereby amended by inserting after the word "service," the following:-

"commonwealth development"

Floor Number: 520 Clerk Number: 524
EVERGREEN

Mr. Lees hereby moves to amend the bill by inserting in section after section 610 the following section:

Section ____: Section 7(a) of said Chapter 150E, of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the second sentence the following sentence:-
Notwithstanding the provisions of an evergreen clause in a collective bargaining agreement, no employee shall retain seniority rights following the expiration date of a collective bargaining agreement unless a successor agreement is reached which contains such seniority rights.

Floor Number: 521 Clerk Number: 536
MANAGEMENT REFORM

Mr. Lees hereby moves to amend the bill by inserting in section after section 610 the following section:

Section ___: Section 1 of said chapter 150E, of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking lines19 through 25, the second sentence of the fifth paragraph, and inserting in place thereof the following:-
"Managerial employee", any individual in a position in which the principal functions are characterized by at least one of the following: (1) responsibility for direction of a subunit or facility of a major division of an agency or assignment to an agency head's staff; (2) development, implementation and evaluation of goals and objectives consistent with agency mission and policy; (3) participation in the formulation of agency policy; (4) a substantial role in the preparation or administration of collective bargaining agreements or substantial personnel decisions, or both, including staffing, hiring, firing, evaluation, promotion and training of employees; and (5) a substantial responsibility involving the exercise of independent judgment of an appellate responsibility not initially in effect in the administration of a collective bargaining agreement or in personnel administration

Floor Number: 522 Clerk Number: 562
Special Commission on Public Employee Compensation

Ms. Walsh moves to amend the bill by inserting, after Section __, the following new Section:-
"SECTION __. There is hereby established a commission to investigate and study public employee compensation in the commonwealth, including, but not limited to, the following areas: salary, health insurance, dental insurance, life insurance, education assistance, disability insurance, voluntary savings programs and retirement benefits. Said commission shall consist of thirteen members as follows: the house and senate chairman of the joint committee on public service; one member of the senate appointed by the Senate President and one member of the house appointed by the Speaker of the House, the Secretary of Administration and Finance, or his designee; the Executive Director of the Group Insurance Commission or his designee; a representative of the Massachusetts Municipal Association; the chairman of the Public Employee Retirement Administration Commission, or his designee; a representative of the Associated Industries of Massachusetts, a representative of the Massachusetts Taxpayers Foundation, a representative of the Massachusetts Association of Contributory Retirement Systems; the chairmen of the State Retirement Board and the State Teachers' Retirement Board or their designees. Said commission shall report to the general court the results of its study together with its recommendations and draft of legislation necessary to carry such recommendations into effect by filing the same with the clerk of the house of representatives, the joint committee on public service and the house and senate committees on ways and means on or before April 1, 2004."

Floor Number: 523 Clerk Number: 574
RELATING TO ECONOMIES OF SCALE

Mr. Montigny moves to amend the bill, Senate 2004, after SECTION___, the following new SECTION: -

SECTION ___. In the interest of saving money on costly printing expenditures in these tight economic times, the Senate Committee on Ways and Means is hereby directed to publish future budgetary recommendations in 4 point Times New Roman font.

Floor Number: 524 Clerk Number: 125
REMOVE OUTSOURCING LIMITATIONS:

Mr. Tisei, Mr. Lees, Mr. Knapik, and Ms. Sprague move to amend the bill by adding at the end thereof the following new section:-
SECTION . Sections 52 through 55, inclusive, of chapter 7 of the general laws are hereby repealed.

Floor Number: 525 Clerk Number: 126
EXEMPTIONS FROM OUTSOURCING LAW:

Mr. Tisei, Mr. Lees, Mr. Knapik and Ms. Sprague move to amend the bill by adding at the end thereof the following new section:-
SECTION . Notwithstanding any general or special law to the contrary, sections 52 through 56, inclusive, of chapter 7 of the general laws shall not apply to the executive office of transportation and construction or the university of Massachusetts during fiscal year 2004; provided, however, that any agreement or combination or series of agreements entered into by the executive office of transportation and construction or the university of Massachusetts during said fiscal year by which a non-governmental person or entity agrees to provide services to said executive office, said university or any agency or department under their auspices, valued at one hundred thousand dollars or more, which are substantially similar to and in lieu of, services theretofore provided, in whole or in part, by regular employees of said executive office, said university or any agency or department under their auspices shall not be for a term to exceed 2 calendar years. On or before July 15, 2004, said executive office and said university shall file a report with the secretary of administration of finance and the house and senate committees on ways and means detailing the number and nature of any such agreements entered into by said executive office or said university during fiscal year 2004. Said report shall include, but not be limited to, the following: (1) a written statement of the services to be the subject of the agreement(s) entered into, including the specific quantity and standard of quality of the subject services (2) the term of the agreement(s) (3) the estimated cost of the services to be provided over the term of the agreement and (4) the current cost to the commonwealth for the provision of said services as said services are provided by regular employees of said executive office, said university or any agency or department under the auspices of said executive office or university.
On or before August 15, 2005, said executive office and said university shall file a report with the secretary of administration of finance and the house and senate committees on ways and means which shall include, but not be limited to the following: (1) a comprehensive written analysis of the actual cost to the commonwealth that was incurred from said agreement during the term of the agreement, specifically including the costs of transition from public to private operation, of additional unemployment and retirement benefits, if any, and of monitoring and otherwise administering contract performance; (2) a comparison of said actual cost to the prior actual cost of the provision of the same services as previously provided by the regular agency employees that most recently provided said services and (3) a comprehensive written analysis of the quality of the services that were provided by the entity during the term of the agreement(s) and whether said quality, in the opinion of said executive office or said university, fell short of equaled, or surpassed the level of quality which was provided by the regular agency employees that previously provided said services.
This section shall not apply to any agreement proposed during fiscal year 2004 by which a non-governmental person or entity seeks to provide services currently provided by the employees of the Massachusetts Bay Transportation Authority.

Floor Number: 526 Clerk Number: 119
TRUCK CAMPERS

Messrs. Lees, Tarr, Knapik and Mrs. Sprague move to amend the bill by inserting, after Section ______, the following three new Sections:-
"SECTION ______. Section 1 of chapter 90, as so appearing, is hereby amended by inserting at the end of line 271 the following new definition:--
"Truck camper", a portable slide?in unit constructed to provide temporary living quarters for recreational, camping, travel or other use, consisting of a roof, floor and sides, designed to be loaded onto and mounted on the bed of a truck and unloaded from the bed of a truck."; and
"SECTION ______. Section 1 of chapter 90, as so appearing, is hereby amended in line 290 by inserting after the word "vehicle." the following sentence:- A truck camper shall also be deemed to be a trailer."; and
"SECTION ______. Said chapter 90, as so appearing, is hereby further amended by inserting after section 2E, the following new section:
Section 2F. Upon receiving an application and the payment of a fee to be determined by the secretary of administration and finance, the registrar may issue an annual registration permit for truck campers in the form of a decal or otherwise.
A resident person, firm or corporation, or owner who fails to register a truck camper commits a traffic infraction with a minimum fine of $100."

Floor Number: 527 Clerk Number: 128
COMMISSION TO STUDY DRIVERS EDUCATION SYSTEM:

Mr. Tisei, Mr. Lees, Mr. Knapik, Mr. Tarr, Mr. Hedlund, and Ms. Sprague move to amend the bill by adding at the end thereof the following new section:-
SECTION . There is hereby established a special commission to study the rules, regulations, operations and laws relating to the system of drivers education in the Commonwealth. The commission shall be chaired jointly by the house and senate chairpersons of the joint committee on public safety or designees, and shall consist of the following:- two members of the house of representatives, to be appointed by the speaker of the house; one member of the house of representatives, to be appointed by the house minority leader; two members of the senate to be appointed by the senate president; one member of the senate to be appointed by the senate minority leader; the Secretary of Public Safety or his designee, the registrar of motor vehicles or his designee, the commissioner of the department of education or his designee, and three members to be appointed by the governor, at least one of whom must be a driving school instructor; Said study shall include, but not be limited to, the following issues: (i) the adequacy and efficiency of the existing drivers education system and whether curriculum and driving instruction requirements need to be updated, (ii) the licensing requirements for private driving instructors versus high school driving education programs; The commission shall submit the results of said study, along with drafts of legislation and a plan for the implementation of any recommendations to the house and senate committees on ways and means, the clerk of the house, the clerk of the senate, and the joint committee on public safety not later than October 31, 2003.

Floor Number: 528 Clerk Number: 190
ELIMINATION OF INSURANCE SURCHARGES ON INSPECTION STICKERS

Messrs. Hedlund, Knapik, Lees, Tisei, and Ms. Sprague moves to amend the bill in by adding at the end thereof the following section:-
"SECTION ____. Section 113B of the chapter 175 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by inserting the word "registration", in line 217, the following words:- or inspection; by inserting after the word "plate", in line 218, the following words:- or windshield; by inserting after the word "registration", in line 219, the following words:- or inspection; and by inserting after the word "plate", in line 220, the following words:- or windshield".

Floor Number: 529 Clerk Number: 232
SNOWPLOWING EQUIPMENT

Mr. Panagiotakos moves to amend the bill by inserting at the end thereof the following new Section:-
SECTION____. Massachusetts General Law chapter 90 is hereby amended by adding after section 19J the following:-
Section 19K. For the purposes of this section only, the term "hitching mechanism" shall be defined as the lift cylinder and the lift arm. Nothing in the section shall apply to state, county, or municipally owned or operated vehicles. Between May 15 and October 15 of each year, any motor vehicle with gross weight of less than 26,000 pounds which is equipped with a plow shall be required to have removed the plow and hitching mechanism used with said plow. Vehicles equipped with an apparatus that allows the hitching mechanism to be folded flat leaving no protruding surfaces, shall only be required to have the plow itself removed, provided that said hitching mechanism is in the folded flat position while the vehicle is in operation. If snowfall occurs prior to October 25 or after May 15 vehicles subject to this act may be re-equipped with the plow and any apparatus necessary for clearing snow. Said vehicles will be required to abide by the provisions of this section within seventy-two hours of the conclusion of said snowfall. Any individual found operating a motor vehicle in violation of this section shall be issued a warning for the first offense, shall be fined two hundred fifty dollars for the second offense and five hundred dollars and revocation of the vehicle's registration for the third offense. The revocation of a vehicle's registration due to a third offense shall remain in effect until such time as said vehicle is in compliance with this section. The provisions of this section shall not apply to hitching mechanisms which are permanently affixed through welding or other means, prior to the effective date of this section. However, it shall be unlawful, and punishable by the same fines and revocations aforementioned, for any person to permanently affix through welding or other means a hitching mechanism governed under this section after the effective date of this section.
The registry of motor vehicles shall, within 180 calendar days of the passage of this act, develop a list of makes and models of hitching mechanisms that fold flat leaving no protruding surfaces; provided further that the registry of motor vehicles shall promulgate and implement regulations governing a system of verification whereby the registry of motor vehicles can ensure a motor vehicle's compliance with this act following as third offense.

Floor Number: 530 Clerk Number: 452
REGISTRY OF MOTOR VEHICLES

Ms. Melconian and Mr. Lees move to amend the bill by inserting, after Section ____, the following new section: -
"SECTION ___. Notwithstanding any general or special law to the contrary, the registrar of motor vehicles shall allow the Basketball Hall of Fame, located in Springfield, subject to all laws and regulations of the registry of motor vehicles, to furnish from its premises distinctive registration plates bearing the designation "Birthplace of Basketball" for pleasure passenger vehicles owned and operated by residents of the Commonwealth. The Basketball Hall of Fame shall be responsible for inventory control, promotion and distribution of these plates. There shall be a fee of not less than twenty dollars for such plates in addition to the established registration fee for private passenger motor vehicles, such being payable at the time of registration of such vehicle and at each renewal thereof. The portion of the fee remaining after the deduction of costs directly attributable to the issuance of such plates shall be transferred within ninety days of receipt thereof to the Basketball Hall of Fame Education Program at the Basketball Hall of Fame in Springfield.

Floor Number: 531 Clerk Number: 142
RTA TORT LIABILITY LIMIT

Mr. Panagiotakos and Mr. Knapik move to amend the bill by inserting at the end thereof the following new Section:-
SECTION___. Section 1 of chapter 258 of the Massachusetts General Laws, as appearing in the 2000 official edition, is hereby amended by inserting in the definition of "Public Employer" after the words "chapter one hundred and eleven" in line 43, the following: - or any regional transit authority established pursuant to chapter 161 or 161B and the motor vehicle operators contracted with said regional transit authorities in accordance with section 25 of chapter 161B.

Floor Number: 532 Clerk Number: 19
Borrowing for school construction projects

Mr. Moore moves to amend the bill by adding at the end thereof the following new section:- SECTION________.
Section 80 of chapter 184 of the acts of 2002 is hereby amended by striking out the word "seven" in line 3 and inserting in place thereof the figure:- 10.

Floor Number: 533 Clerk Number: 25
SCHOOL BUILDING ASSISTANCE

Mr. Moore moves to amend the bill by inserting at the end thereof the following new Section:- SECTION__________.
"All school facilities capital or major reconstruction projects which have received final municipal approval by a favorable vote by the legislative body of any municipality, subject to its charter, on or before June 30, 2003 shall be placed on the priority waiting list for reimbursement pursuant to section 10 of chapter 70B of the General Laws at the rate for which it would have been eligible on January 31, 2003. The priority categories set forth in section 8 of chapter 70B shall not be used to restrict any eligible project from placement on the priority list but may be used to rank new projects for placement on the priority list. Notwithstanding and general or special law to the contrary, the board of education shall not accept any applications for the school building assistance program established in chapter 70B of the General Laws, until after July 1, 2007."

Floor Number: 534 Clerk Number: 64
SBA BORROWING

Mr. Joyce moves to amend the bill by inserting, after Section __, the following new Section: -
SECTION___. Section 80 of Chapter 184 of the Acts of 2002 is hereby amended by striking out the word "seven" in line 3 and inserting in place thereof the figure:- ten.

Floor Number: 535 Clerk Number: 88
PIONEER VALLEY REGIONAL SCHOOL BORROWING

Mr. Brewer moves to amend the bill by inserting, after Section _____, the following new Section:-
"SECTION ___. Notwithstanding the provisions of section 16(d) of chapter 71 of the General Laws, the Pioneer Valley regional school district is authorized to borrow an amount not to exceed seventy-five thousand in anticipation of additional state reimbursements of construction costs at the Warwick community school. The term of the loan shall not exceed four years, provided, however, that the amount of principal payment shall be required in the fiscal year after issuance. To the extent not inconsistent with the foregoing, the provisions of chapter 44 shall apply."

Floor Number: 536 Clerk Number: 90
SCHOOL BORROWING

Mr. Brewer moves to amend the bill by inserting, after Section _____, the following new Section:-
"Section 80 of chapter 184 of the acts of 2002 is hereby amended by striking out the word "seven" in line 3 and inserting in place thereof the figure:- 10."

Floor Number: 537 Clerk Number: 127
SBA EXTENSION OF LOAN PERIOD:

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

SECTION ___. Section 7 of chapter 44 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended, in clause 3A, in line 32, by inserting after the word "fix" the following: "provided, that the Board may fix a maximum term of up to 30 years for debt to fund the remodeling, construction, reconstruction or extraordinary repair of a school building as set forth in paragraph (e) of section 6 of chapter 70B.

SECTION ___. Paragraph (e) of section 6 of chapter 70B of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting in line 37, after the word "dates", the following: "unless the city or town can demonstrate to the satisfaction of the board that a longer period would result in cost savings to the Commonwealth and be financially beneficial to the Commonwealth and the city or town, in which case the loans shall be paid in not more than 30 years from their dates."

SECTION ___. Section 13 of chapter 70B of the General Laws, as most recently amended by section 80 of chapter 184 of the Acts of 2002, is hereby amended by striking the same in its entirety and inserting in place thereof the following:
Section 13. Notwithstanding section 17 of chapter 44, the officers of a city, town or regional school district authorized to issue bonds, notes or certificates of indebtedness for a school construction project for which it has received notice that it has filed a completed school building assistance application with the department of education in such form as prescribed by the board or has a project which has been placed on the school building assistance priority list, so-called, may refund, by the issuance of refunding notes, a temporary loan issued in anticipation of money to be derived from the sale of such bonds, notes or certificates, but the period from the date of issue of the original temporary loan to the final maturity of any such refunding notes shall not exceed 10 years; but the total period from the date of issue of the original temporary loan or other school construction project financing to the final maturity of all school construction project financing shall not exceed 30 years. The refunding notes shall not be required to be paid in part from revenue funds of the city, town or regional school district until the end of the fiscal year following the fiscal year in which the board of education approves the project for a school construction grant. The time within which the serial bonds, notes or certificates of indebtedness issued to pay refunding temporary notes issued hereunder shall be due and payable shall be extended by the period from the date of the original temporary loan to: (a) the date of issue of such serial bonds, notes or certificates; or (b) the end of the fiscal year in which the board of education approves the project for a school construction grant, whichever date is earlier."

Floor Number: 538 Clerk Number: 181
SBA BOND ISSUANCE

Messrs. Hedlund, Tarr, Knapik, Lees, Tisei, Joyce, O'Leary and Ms. Sprague move to amend the bill by adding at the end thereof the following section:-
"SECTION____. Section 80- of chapter 184 of the acts of 2002 is hereby amended by striking out the work "seven" in line 3 and inserting in place thereof the figure:- 10.".

Floor Number: 539 Clerk Number: 240
SBA PRIORITY LIST:

Mr. Tisei, Mr. Joyce, Mr. Lees, Mr. Knapik, Mr. Tarr and Ms. Sprague move to amend the bill by adding at the end thereof the following new section:-
SECTION . Notwithstanding the provisions of any general or special law to the contrary, all school facilities capital or major reconstruction projects which have received final municipal approval by a favorable vote by the legislative body of any municipality, subject to its charter, on or before June 30, 2003 shall be placed on the priority waiting list for reimbursement pursuant to section 10 of chapter 70B of the General Laws at the rate for which it would have been eligible on January 31, 2003. The priority categories set forth in section 8 of chapter 70B shall not be used to restrict any eligible project from placement on the priority list. Notwithstanding any general of special law to the contrary, the board of education shall not accept any applications for the school building assistance program established in chapter 70B of the General Laws, until after July 1, 2007.

Floor Number: 540 Clerk Number: 79
REMOVING AGENCY CALLER IDENTIFICATION SERVICES

Mr. Morrissey moves to amend the bill by inserting, after Section 605, the following new Section:-
"SECTION 605B. Notwithstanding any general or special law to the contrary, state agencies and subdivisions, with the exception of law enforcement and public safety agencies and subdivisions, shall not use caller identification technology on their telephone systems."

Floor Number: 541 Clerk Number: 103
ITEM PRICING I

Messrs. Lees, Tisei, Tarr, Knapik and Mrs. Sprague move to amend the bill by inserting, after Section ______, the following new Section:-
"SECTION ______. Said chapter 94, as so appearing, is hereby amended by inserting at the end thereof the following sections:-
Section 329A. (a) "Deputy director" shall mean the deputy director of the division of standards.
(b) "Person" shall mean an individual, firm, partnership, association or corporation.
(c) "Division" shall mean the division of standards.
(d) "Computer-assisted check out system" shall mean any electronic device, computer system or machine which determines the selling price of a stock-keeping item by interpreting its universal product code, or by any other use of a price look-up function.
(e) "Inspector" shall mean the deputy director or authorized agent to enforce the provisions of this chapter.
(f) "Item price" shall mean the lowest indicated price on a shelf tag, sign or advertisement.
(g) "Price look-up function" shall mean the capability of any checkout system to determine the retail price of a stock-keeping item electronically or by way of the manual entry into the system of a code number assigned to that particular unit by the retail store or by way of the checkout operator's consultation of a file maintained at the point of sale.
(h) "Retail store" shall mean a store selling stock-keeping units at retail. A store which is not open to the general public but is reserved for use by its members shall come within the provisions of this definition unless the members must pay a direct fee to the store to qualify for membership and the store is not required to collect sales tax on transactions with members. Pursuant to this section a retail store shall not include any store which:
1) has its only full-time employee the owner thereof, or the parent, or the spouse or child of the owner, or in addition thereto, not more than three employees; or
2) had annual gross sales in a previous calendar year of less than $5,000,000, unless the retail store is part of a network of subsidiaries, affiliates or other member stores, under direct or indirect common control, which as a group, had annual gross sales in the previous calendar year of $5,000,000 or more; or
3) engages primarily in the sale of food for consumption on the premises or in a specialty trade which the deputy director determines, by regulation, would be inappropriate for item pricing.
(i) "Sale items or weekend special" shall mean stock-keeping items offered for sale for a period of seven days or less in a retail store at a price below the price that the item is sold for 30 days previous to the start of the sale.
(j) "Stock-keeping unit" shall mean each group of items offered for sale of the same brand name, quality of contents, retail price, and variety:
1) food, including all material, solid, liquid or mixed, whether simple or compound, used or intended for consumption by human beings or domestic animals normally kept as household pets and all substances or ingredients to be added thereto for any purpose; and
2) napkins, facial tissues, toilet tissues, and any disposable wrapping or container for the storage, handling or serving of food, and
3) detergents, soaps, other cleansing agents, and cleaning implements, and
4) non-prescription drugs, feminine hygiene products and health and beauty aids.
(k) "Stock-keeping item" shall mean each item of a stock-keeping unit offered for sale.
(l) "Universal product coding" shall mean any system of coding which entails electronic pricing.

Section 329B. (a) Notwithstanding the provision of any law or regulation to the contrary, every person who sells, offers for sale or exposes for sale in a retail store a stock-keeping unit that bears a universal product code shall disclose to the consumer the item price of each stock-keeping item as defined in section 329A of this chapter.
(b) The following stock-keeping items need not be item priced as provided in subdivision (a) of this section and other applicable Massachusetts law provided that a shelf-price adjacent to the display is maintained for such stock-keeping items:
(1) Stock-keeping items, which are under three cubic inches in size, and weigh less than three ounces, and are priced under 50 cents,
(2) Items sold through a vending machine,
(3) Milk,
(4) Eggs,
(5) Loose fresh produce,
(6) Stock-keeping items, which are offered for sale in single packages and weighing three ounces or less,
(7) Stock-keeping items offered as a sale item or weekend special,
(8) Strained and junior size baby foods packaged in jars,
(9) Single cans or bottles of soda where the selling price for different flavors packaged for or by the consumer,
(10) Stock-keeping items, which are displayed for sale in bulk, which are either packaged for or by the consumer,
(11) Snack foods such as cakes, gum, candies, chips and nuts offered for sale in single packages and weighing five ounces or less,
(12) Food sold for consumption on premises, and
(13) Frozen juice and ice cream.
(c) The provisions of this section may be subsequently modified or amended by order
of the deputy director, either by adding or deleting stock-keeping units from the list of exemptions or by further directing the manner in which the selling price of exempted stock-keeping units shall be posted.

Section 329C. (a) No retail store shall charge a retail price for any exempt or non-exempt stock-keeping item which exceeds the lower of any item, shelf, sale or advertised price of such stock-keeping item. In the event that the price exceeds the lowest price a store is permitted to charge for a stock-keeping unit, the store will be subject to a penalty as described in this chapter and other applicable law at the discretion of the deputy director.
(b) In a store with a laser scanning or other computer assisted checkout system, the inspector shall be permitted to compare the item, shelf, sale, or advertised price of any one stock-keeping item within a stock-keeping unit sold in the store with the programmed computer price.
(c) The deputy director shall establish a randomized store inspection procedure designed to eliminate any bias in selecting stores to be inspected for price auditing purposes. However, any retail store may be inspected at any time upon complaint or if the deputy director has sufficient cause to audit a particular store or stores to ensure pricing accuracy.

Section 329D. (a) Every person, store, firm, partnership, corporation, or association which uses a computer-assisted checkout system and which would otherwise be required to item price as provided in section 329C of this chapter, sections 184B through 184E, inclusive, of chapter 94, or other applicable Massachusetts law, may make an application in writing to the deputy director for a waiver of said item pricing requirement. A separate application shall be required for each store. The deputy director, subject to the approval of the secretary of administration and finance, shall establish an annual registration fee, which must be submitted with the initial application and subsequent renewal. The deputy director shall approve or reject the application within 60 days from the date of receiving the application. If the application is rejected, the application fee shall be returned. The deputy director shall establish rules and regulations regarding the retail store's electronic pricing systems, signage, and other requirements, which all applicants must meet in order to become registered.
(b) The registration fee is based upon the number of cash registers in each store as set according to the following schedule:
Waiver Fee Per Cash Register:
1 to 3 cash registers $500
3 to 5 cash registers $750
3 to 7 cash registers $1,000
7 or more cash registers $2,000
(c) Waiver applications and the required fee must be received at the division by October 1, 2003, and annually thereafter. Stores that fail to comply with the required registration, will be subject to violations pursuant to sections 184B through 184E, inclusive, of chapter 94 or any other applicable law or regulation. New stores or establishments that did not previously hold waivers, may apply after the October 1, 2003 deadline.
(d) Systems approved by the deputy director must have means to provide an audit trail regarding item price changes that can be accessed by state enforcement agents upon request. All item prices once entered into the store's electronic pricing system shall remain unchanged for a minimum of 72 hours, unless the price is to be reduced or is the result of a gross pricing error.
(e) A waiver from item pricing shall be valid for a period of one year from the date of issuance. Stores must reapply annually for renewal of waiver at the rates established in subsection (a) of this section.
(f) Any registered retail store that fails to meet the state price accuracy standard of 98 per cent based on the price accuracy inspection procedure adopted by the division shall be re-inspected after thirty days of the initial inspection. If the store fails upon re-inspection to meet the price accuracy standard, the registration will be suspended for a period of six months. During the suspension period, the store will be required to individually item price every item offered for sale. After this period, the store can request the division, in writing, to re-inspect the store. If the store after re-inspection meets the price accuracy standard, the registration maybe re-instated.
(g) As a condition of the waiver from item pricing pursuant to this section, each store which accepts a waiver must agree to meet the following requirements:
(i) The store shall designate and make available price check scanners to enable consumers to confirm the price of stock-keeping items. These price check scanners shall be in locations convenient to consumers with signs of sufficient sized lettering identifying these units to consumers. Stores will submit their proposed sign and device locations to the deputy director for approval.
(ii) Each registrant shall assign an employee to check all sale prices in the store's electronic pricing system prior to the start of any sale to ensure the sale prices in the system are accurate. Each registrant shall maintain a sale price log including the following: name of the store employee, date the employee performed the pre-sale price accuracy audit, and the signature of the employee. Failure to maintain the log or to make the log available upon request by any authorized agent of the deputy director will be cause for registration suspension.
(iii) The store shall not charge any customer a price for any stock-keeping item which exceeds the item, shelf, sale or advertised price, whichever is less.
(iv) The store shall make prompt payment to consumers who have been overcharged and shall correct all pricing errors identified by consumers, guaranteeing the consumer one item free if it costs less than $10 or pay the consumer $10 if the item costs more than $10.
(v) Any item that rings up higher than the lowest advertised price shall be subject to a fine of $200 . Failure to post the required item price sign at the point of display will be subject to a fine of $100. The fine will be increased to $200 if the item rings up at a price higher than the lowest price charged for that item during the previous thirty days.
(h) The deputy director, in his discretion, may revoke a waiver from item pricing for any of the following reasons:
(i) Failure to comply with any provisions of this chapter;
(ii) Deliberate overcharging of any consumer;
(iii) Material misrepresentation in the application for a waiver.

Section 329E. (a) The provisions of this chapter shall be enforced by the division. Upon representation of appropriate credentials, the division shall have the right to enter upon the premises of any retail store to make an inspection and to determine compliance with the provisions of this chapter.
(b) For the purpose of determining a store's compliance with the requirements of section 329B, an inspection shall be conducted of a sample of no less than 25 stock-keeping units.
(c) For the purpose of a violation of section 329B(a), no item shall be cited more than once in a 48 hour period.
(d) With respect to the item price of any exempt item, the deputy director, in his discretion, may direct a retail store to post a sign in a conspicuous and unobstructed location in the manner and form prescribed by him.
(e) For any inspection under section 329C, the store representative shall afford the inspector access to the test mode of the checkout system in use at that store or to a comparable function of said system and to the retail price information contained in a price look-up function.
(f) The inspector shall have the authority to issue a stop removal order with respect to any stock-keeping unit being used, handled, or offered for sale in violation of sections 329B and 329C. Any such order shall be in writing and direct that the stock-keeping item shall be removed for sale pending price correction.
(g) A hearing may be requested in writing on any fineable violation or registration suspension issued by the division. The hearing will be conducted by the division's designated hearing officer. The division's designated hearing officer shall make a written determination. Such determination may be appealed to the deputy director who, after due deliberation, shall issue an order accepting, modifying, or rejecting the hearing officer's determination. "

Floor Number: 542 Clerk Number: 104
ITEM PRICING II

Messrs. Lees, Tisei, Tarr, Knapik and Mrs. Sprague move to amend the bill by inserting, after Section ______, the following new Section:-
"SECTION ______. Section 184E of chapter 94, as so appearing, is hereby amended in the first paragraph by striking the second and third sentences and inserting in place thereof the following:- Violations shall be punished for the first offense by a fine of $200, for the second offense by a fine of $500, and for a subsequent offense, by a fine of $1,000. Notwithstanding the method for determining the amount of civil fines pursuant to section 29A of said chapter 98, a civil citation may be issued for $200 for each violation, up to a maximum of $5,000 per inspection."

Floor Number: 543 Clerk Number: 270
BOTTLE BILL EXPANSION

Mr. Nuciforo, Mr. Barrios, Mr. Shannon, Ms. Creem and Ms. Fargo move to amend the bill by inserting, after Section 311, the following section:-
"SECTION 311A.
(A) Chapter 94 of the General Laws, as so appearing, is hereby amended by striking out sections 321 and 322 and inserting in place thereof the following two sections:-
Section 321. In sections 321 to 327, inclusive, the following definitions shall, unless the context clearly requires otherwise, have the following meaning:
"Beverage'', noncarbonated water including flavored water, fruit and vegetable juices and drinks, coffee and tea drinks, sport drinks, soda water or similar carbonated soft drinks, mineral water, beer and other malt beverages, and other alcoholic beverages as defined in chapter 138, but shall not include dairy products.
"Beverage container'', any sealable bottle, can, jar, or carton which is primarily composed of glass, metal, plastic or any combination of those materials and is produced for the purpose of containing a beverage. This definition shall not include containers made of biodegradable material or less than 2.5 ounces. This definition shall include containers of two gallon capacity or less for carbonated beverages, malt beverages and alcoholic beverages as defined by chapter one hundred and thirty eight and less than one gallon for noncarbonated water including flavored water, fruit and vegetable drinks, coffee and tea drinks, and sport drinks.
"Bottler'', any person filling beverage containers for sale to distributors or dealers, including dealers who bottle or sell their own brand of beverage.
"Consumer'', any person who purchases a beverage in a beverage container for use or consumption with no intent to resell such beverage.
"Dealer'', any person, including any operator of a vending machine, who engages in the sale of beverages in beverage containers to consumers in the commonwealth.
"Distributor'', any person who engages in the sale of beverages in beverage containers to dealers in the commonwealth including any bottler who engages in such sales.
"Label'', a molded imprint or raised symbol on or near the bottom of a plastic product.
"Plastic'', any material made of polymeric organic compounds and additives that can be shaped by flow.
"Plastic bottle'', a plastic container that has a neck that is smaller than the body of the container, accepts a screw type, snap cap or other closure and has a capacity of sixteen fluid ounces or more, but less than five gallons.
"Rigid plastic container'', any formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin and having a relatively inflexible finite shape or form with a capacity of eight ounces or more but less than five gallons.
"Reusable beverage container'', any beverage container so constructed and designed that it is structurally capable of being refilled and resold by a bottler at least ten times after its initial use.
Section 322. Every beverage container sold or offered for sale in the commonwealth shall have a refund value of not less than five cents, except alcoholic beverages as defined by chapter 138 in beverage containers greater than one pint, shall have a refund value of 15 cents. The provisions of this section shall not apply to such containers sold by a distributor for use by a common carrier in the conduct of interstate passenger service.
(B) Section 323 of chapter 94 as so appearing is hereby amended by inserting after paragraph (i) the following two paragraphs:-
(j) The handling fee will be increased from the current 2.25 cents to at least 3 cents per unit delivered to distributors, and from 2.25 cents to at least 2.5 cents per unit picked up by distributors. Distributors will be reimbursed by the Commonwealth $0.004 cents for every unit redeemed. If distributors elect to pick up containers from redemption centers, they will need to pick up containers at the redemption center no less frequently than once per week, unless the redemption center agrees to a less frequent pickup schedule.
(k) The Executive Office of Environmental Affairs will convene a multi-stakeholder committee to evaluate the potential for illegal redemption of deposit containers (sold out of state with no deposit collected), and identify strategies to deter illegal redemption including more stringent enforcement and higher penalties. The Executive Office of Environmental Affairs will promulgate regulations within six months of the bills passage to implement new strategies to reduce illegal redemption."

Floor Number: 544 Clerk Number: 111
PUBLIC RECORDS LAW

Messrs. Lees, Tisei, Tarr, Hedlund and Knapik and Mrs. Sprague move to amend the bill by inserting at the end thereof the following section:-
SECTION ____. Clause twenty-sixth of section 7 of chapter 4 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended in subparagraph (c) by inserting after the word "information" in line 141 the following:-
"relating to the medical or health status of any employee"

Floor Number: 545 Clerk Number: 222
RELATIVE TO PLACING THE METROPOLITAN PARK SYSTEM ON THE NATIONAL REGISTER OF HISTORIC SITES

Ms. Creem moves to amend the bill by inserting , after Section 8 , the following new Section:-
"SECTION 8A. The division of forests and parks is authorized and directed to prepare an application to place the Metropolitan Park System on the National Register of Historic Sites."

Floor Number: 546 Clerk Number: 426
COMMUNITY PRESERVATION TRUST FUND

Messrs. Lees and Knapik move to amend the bill by inserting at the end thereof the following section:-
"SECTION ____. Notwithstanding any general or special law to the contrary, 20 per cent of all funds collected pursuant to Chapter 44B of the General Laws, as appearing in the 2000 Official Edition, shall be redistributed to the Registries of Deeds in proportion to the amount collected by each Register. Any unused portion of the redistributed funds shall be deposited in the Massachusetts Community Preservation Trust Fund. This section take effect upon passage of this act and shall expire on June 30, 2005."

Floor Number: 547 Clerk Number: 436
AN AMENDMENT TO PROVIDE EQUITY IN COUNTY SHERIFF FUNDING

Mr. Tarr, Mr. Baddour and Ms. Tucker move to amend the bill (Senate bill 2004) by adding, at the end thereof, the following new section: -
"SECTION___. A Study Commission shall be established to analyze and review available resources for corrections in the Commonwealth, including the per capita cost of corrections per inmate at each of the fourteen sheriff's departments and the department of corrections. The Commission shall be comprised of one representative from each of the fourteen sheriff departments, one representative from the Department of Corrections, the Secretary of Administration and Finance, or his designee, 3 members from the House Committee on Ways and means, at least one being a member of the minority party, and 3 members from the Senate Committee on Ways and Means, at least one being a member of the minority party. Said Commission shall file a report with both the Senate and House Committees on Ways and Means not later than August 31, 2003."

Floor Number: 548 Clerk Number: 69
EFFECTIVE DATE OF CERTAIN FEES

Mr. Morrissey moves to amend the bill by inserting after Section 609, the following new section:-
Section 609A. Section 477 of this act shall take effect on January 1, 2004.

Floor Number: 549 Clerk Number: 92
WITHDRAWN


Floor Number: 550 Clerk Number: 162
CLOSING THE TOBACCO TAX STAMP LOOPHOLE

Ms. Fargo moves to amend the bill by inserting, after Section __, the following new Section: -
SECTION __. Section 30 of Chapter 64C of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the fourth paragraph and said section is further amended by striking out the first sentence of the fifth paragraph.