CLERK NUMBER: 1
Mrs. Walrath of Stow and Mr. Bosley of North Adams move that the bill be amended by adding at the end thereof the following section:
“SECTION ###. Section 18 of Chapter 138 of the General Laws, as most recently amended by section 413 of chapter 26 of the Acts of 2003, is hereby further amended by striking the last sentence of the first paragraph and inserting in place thereof the following:--
The annual license fee for a license to sell and import wines and malt beverages only issued under this section shall be computed based on the gallonage sold as follows: 7,500 gallons or less per annum-thirty five hundred dollars; more than 7,500 and less than 10,000 gallons per annum-four thousand dollars; and more than 10,000 gallons per annum-five thousand dollars.
Every applicant for such a license shall, at the time of filing an application, pay a license fee based on a reasonable estimate of the amount of wine and malt beverages to be sold or imported during the year covered by the license. Persons holding such licenses shall report annually at the end of the year covered by the license the amount of wine and malt beverages sold or imported during such year. If the total amount of such wine and malt beverages exceeds the amount permitted by the fee already paid, the licensee shall pay whatever additional fee is owing under this section.”.

CLERK NUMBER: 2
Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding at the end thereof the following section:-
“SECTION __. Subdivision (2) of subsection (a) of section 2 of chapter 62 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting, after subparagraph (P), the following subparagraph:-
(Q) Any amount received as unemployment benefits paid from the unemployment compensation fund to any individual eligible for benefits under chapter 151A.”.
CLERK NUMBER: 3
Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding at the end thereof the following new section:-

SECTION . The department of highways is hereby authorized, to acquire by eminent domain, purchase or otherwise certain parcels of land, herein described in subsection a, from the Town of Bourne. The parcels are to be diverted from their present uses as open space and as a fire station to a highway use.
a.) The description of the above referenced parcels is as follows:
Parcel U: A parcel of land dedicated to an open space use supposed to be owned by the Town of Bourne, adjoining the westerly sideline of the 1936 Layout Alteration of the Scenic Highway (Route 6) (L.O. No. 3180) and bounded as follows: Beginning on the westerly, line of said Route 6 layout at the southeasterly corner of the parcel hereinafter described; thence northeasterly along said layout a curve to the left having a radius of about 1,031.1 meters (3,383 feet) a distance of about 88.8 meters (291 feet); thence northeasterly a distance of about 79.7 meters (261 feet); thence along a curve to the right having a radius of about 858.6 meters (2,817 feet), a distance of about 461.2 meters (1,513 feet); thence leaving said Route 6 layout and continuing northwesterly along land now or formerly of Joseph F. Sorenti, Louis D. Papi and, Judith A. Papi, Trustees of Papi Family Nominee Trust, a distance of about 40.4 meters (133 feet) to a point; thence southwesterly along a curve to the left having a radius of about 970.1 meters (3,183 feet), a distance of about 34.8 meters (114 feet); thence southwesterly a distance of about 60.0 meters (197 feet); thence southwesterly a distance of about 77.8 meters (255 feet); thence southwesterly a distance of about 64.1 meters (210 feet) to a point on a curve to the left having a radius of about 887.4 meters (2,911 feet); thence along said curve to the left a distance of about 218.7 meters (718 feet); thence southwesterly a distance of about 79.7 meters (261 feet) to a point on a curve to the right having a radius of about 1,027.5 meters (3,371 feet) a distance about 88.4 meters (290 feet) to a point on the westerly sideline of land now or formerly of North Sagamore Water District; thence continuing southeasterly along said land of North Sagamore Water District a distance of about 3.6 meters (12 feet) to the point of beginning. Said parcel containing about 5,332.8 square meters (57,400 square feet).
Parcel TE-1: A parcel of land dedicated to an open space use supposed to be owned by the Town of Bourne, adjoining the easterly line of the aforementioned Parcel U and bounded as follows: Beginning at a point about 3.6 meters (12 feet) from the westerly line of said Route 6 layout at the southeasterly corner of the parcel hereinafter described; thence northeasterly along said layout a curve to the left having a radius of about 1,027.5 meters (3,371 feet) a distance of about 88.4 meters (290 feet); thence northeasterly a distance of about 79.7 meters (261 feet); thence along a curve to the right having a radius of about 887.4 meters (2,911 feet), a distance of about 218.7 meters (718 feet); thence northwesterly a distance of about 64.1 meters (210 feet); thence northwesterly a distance of about 77.8 meters (255 feet); thence northwesterly a distance of about 60.0 meters, (197 feet); ); thence northwesterly along a curve to the right having a radius of about 970.1 meters (3,183 feet), a distance of about 34.8 meters (114 feet) to a point; thence leaving said Parcel U layout and continuing northwesterly along land now or formerly of Joseph F. Sorenti, Louis D. Papi and Judith A. Papi, Trustees of Papi Family Nominee Trust, a distance of about 8.7 meters (29 feet) to a point; thence southwesterly a distance of about 84.3 meters (277 feet); thence southwesterly a distance of about 39.0 meters (128 feet); thence southwesterly a distance of about 59.7 meters (196 feet); thence southwesterly a distance of about 43.2 meters (142 feet); thence southwesterly a distance of about 96.6 meters (317 feet); thence southwesterly a distance of about 84.4 meters (277 feet); thence southwesterly a distance of about 230.5 meters (756 feet) to a point on the westerly sideline of land now or formerly of North Sagamore Water District; thence continuing southeasterly along said land of North Sagamore Water District a distance of about 2.9 meters (10 feet) to the point of beginning. Said parcel containing about 5,046.3 square meters (54,317 square feet).
Parcel V: A parcel of land supposed to be owned by the Town of Bourne dedicated for use as a fire station adjoining the westerly side of the Massachusetts State Highway, Sagamore Rotary, and bounded as follows: beginning at a point on the westerly line of Sagamore Rotary; thence southwesterly a distance of approximately 200 feet; thence northwesterly a distance of approximately 197 feet; thence northeasterly a distance of approximately 200 feet; thence continuing along the Massachusetts State Highway on a curve to the right of radius 150 feet approximately 161 feet; continuing along the Massachusetts State Highway a distance of approximately 47 feet to the point of beginning. Said parcel containing about 43,100 square feet.
The parcels of land, hereinbefore described, are shown on a plan entitled, “Bourne-Sagamore Rotary Preferred Alternative Working Plan #4, dated April 24, 2003. Said plan shall be kept on file with the chief engineer of the department of highways.
b.) The department of highways is hereby authorized to expend funds for the functional replacement of the Bourne Fire Station located on parcel V described in Section 2. Such costs shall include, without limitation, the cost of constructing a fire station facility that is functionally equivalent to the existing facility, including architectural and engineering costs and in compliance with existing code requirements and building laws of the Town and Commonwealth. Furthermore, the replacement fire station facility may be constructed on a parcel of land owned by the Commonwealth and under the control of the department of highways. The department of highways may acquire by eminent domain, purchase, or otherwise, any land in the town of Bourne which may be needed for the replacement fire station facility. Upon completion of the replacement fire station facility possession of the facility shall be turned over to the Town of Bourne. Thereafter, the commissioner of the division of capital asset management is hereby authorized, and directed to transfer the title to said facility and the real estate on which it is located to the Town of Bourne.
c.) In connection with the Sagamore Rotary Project the department of highways is authorized to construct a highway maintenance depot and a visitor’s information center in the Town of Bourne. Notwithstanding any special or general law to the contrary the control and supervision of the construction of the highway maintenance depot, the visitors information center and the replacement fire station facility referred to in Section 3 shall be under the exclusive control and supervision of the department of highways.
d.) The department of highways shall take or acquire suitable lands for open space purposes to ensure that no net loss of acreage dedicated to open space occurs in the Town of Bourne as result of the open space acquisitions from the Town of Bourne authorized under this Act. Said department may enter into an agreement with the Town of Bourne or any other state agency under which (1) said department will fund and take or acquire the lands under this section, and (2) the Town or other state agency will accept title to said lands, provided that said lands are dedicated to open space purposes.

CLERK NUMBER: 4
Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro, and Mr. DeMacedo of Plymouth move that the bill be amended by adding at the end thereof the following sections: --

SECTION . Section 129B of chapter 140 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following paragraph:—
(16) Notwithstanding paragraph (1), no person who possessed a valid firearm identification card as of October 1998 shall be denied a renewal thereof for any violation of law that occurred prior to October 1998.
SECTION . Section 131 of said chapter 140, as appearing in the 2002 Official Edition, is hereby further amended by adding the following paragraph:—
(s) Notwithstanding paragraph (d), No person who possessed a valid Class A or Class B license to carry firearms or an equivalent license as of October 1998 shall be denied a renewal thereof for any violation of law that occurred prior to October 1998.

CLERK NUMBER: 5
Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro, and Mr. DeMacedo of Plymouth move that the bill be amended by adding at the end thereof the following sections: --
SECTION . Section 129B of chapter 140, as so appearing, is hereby amended by inserting after the word “issue”, in line 167, the following words: -- provided, however, that if the cardholder applied for renewal before said card expired, such card shall remain valid for a period of 90 days after the state expiration date on the card unless the renewal was denied.
SECTION . Said section 129B of said chapter 140, as so appearing, is hereby further amended by inserting after the word “expired”, in lines 201 and 215, in each instance, the following words:— , meaning after 90 days after the stated expiration date on the card.
SECTION . The first paragraph of paragraph (i) of section 131 of said chapter 140 of the General Laws, as so appearing in the 2002 Official Edition, is hereby amended by adding the following sentence: -- For the purposes of provisions of section 10 of chapter 269, an expired license to carry firearms shall be deemed to be valid for a period not to exceed 90 days beyond the date of expiration, except that this provision shall not apply to any such license to carry firearms which has been revoked or relative to which a revocation is pending.
SECTION . Said section 131 of said chapter 140, as so appearing, is hereby further amended by inserting after the word “issue”, in line 230, the following words:— ; provided, however, that if the licensee applied for renewal before said license expired, such license shall remain valid for a period of 90 days after the stated expiration date on the license unless the renewal was denied.
SECTION . Said section 131 of said chapter 140, as so appearing, is hereby further amended by inserting after the word “expired”, in lines 280 and 293, in each instance, the following words:— , meaning after 90 days after the stated expiration date on the license.

CLERK NUMBER: 6
Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding at the end thereof the following section:-
SECTION_. Section 1 of chapter 71 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the word “resuscitation”, in line 20, the following:-

In accordance with the foregoing, school nurses or health educators shall be required to oversee health education instruction, provide necessary guidance and resources needed to provide adequate health education, and ensure that the school’s health education is in agreement with the physical health guidelines of the Massachusetts Comprehensive Health Curriculum Framework established by the department of education.

CLERK NUMBER: 7
Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding the following 2 sections: —

SECTION ___. Chapter 203 of the General Laws is hereby amended by inserting after section 25 the following section:
SECTION 25 ½. Total Return Unitrusts.
(a) For purposes of this section, the following words shall have the following meanings:
“Disinterested person” means a person who is not a “related or subordinate party” (as defined in § 672(c) of the Internal Revenue Code [26 U.S.C. §1, et seq.] or any successor provision thereof (hereinafter referred to in this section as the “I.R.C.”)) with respect to the person then acting as trustee of the trust and excludes the trustor of the trust and any interested trustee.
“Income trust” means a trust, created by either an inter vivos or a testamentary instrument, which directs or permits the trustee to distribute the net income of the trust to 1 or more persons, either in fixed proportions or in amounts or proportions determined by the trustee. Notwithstanding the foregoing, no trust that otherwise is an “income trust” shall qualify hereunder if it may be subject to taxation under I.R.C. § 2001 or §2501 [26 U.S.C. § 2001 or § 2501] until the expiration of the period for filing the return therefor (including extensions).
“Interested distributee” means a person to whom distributions of income or principal can currently be made who has the power to remove the existing trustee and designate as successor a person who may be a “related or subordinate party” (as defined in I.R.C. § 672(c) [26 U.S.C. § 672(c)]) with respect to such distributee.
“Interested trustee” means :
a. An individual trustee to whom the net income or principal of the trust can currently be distributed or would be distributed if the trust were then to terminate and be distributed,
b. Any trustee who may be removed and replaced by an interested distributee and/or
c. An individual trustee whose legal obligation to support a beneficiary may be satisfied by distributions of income and principal of the trust.
“Total return unitrust” means an income trust which has been converted under and meets the provisions of this section.
“Trustee” means all persons acting as trustee of the trust (except where expressly noted otherwise), whether acting in their discretion or on the direction of 1 or more persons acting in a fiduciary capacity.
“Trustor” means an individual who created an inter vivos or a testamentary trust.
“Unitrust amount” means an amount computed as a percentage of the fair market value of the trust.
(b) A trustee of an income trust, other than an interested trustee, or where 2 or more persons are acting as trustee, a majority of the trustees who are not an interested trustee (in either case hereafter “trustee”), may, in its sole discretion and without the approval of the court having jurisdiction of the income trust:
(1) Convert an income trust to a total return unitrust;
(2) Reconvert a total return unitrust to an income trust; or
(3) Change the percentage used to calculate the unitrust amount and/or the method used to determine the fair market value of the trust if:
a. The trustee adopts a written policy for the trust providing:
1. In the case of a trust being administered as an income trust, that future distributions from the trust will be unitrust amounts rather than net income;
2. In the case of a trust being administered as a total return unitrust, that future distributions from the trust will be net income rather than unitrust amounts; or
3. That the percentage used to calculate the unitrust amount and/or the method used to determine the fair market value of the trust will be changed as stated in the policy;
b. The trustee sends written notice of its intention to take such action, along with copies of such written policy and this section, to:
1. The trustor of the trust, if living;
2. All living persons who are currently receiving or eligible to receive distributions of income of the trust or unitrust amounts;
3. All living persons who would receive principal of the trust if the trust were to terminate at the time of the giving of such notice (without regard to the exercise of any power of appointment) or, if the trust does not provide for its termination, all living persons who would receive or be eligible to receive distributions of income or principal of the trust if the persons identified in paragraph 2 of this subparagraph b were deceased; and
4. All persons acting as adviser or protector of the trust;
c. At least one person receiving notice under each of subsubparagraphs 2 and 3 of subparagraph b above is legally competent; and
d. No person receiving such notice objects, by written instrument delivered to the trustee, to the proposed action of the trustee within sixty (60) days of receipt of such notice.
(c) If there is no trustee of the trust other than an interested trustee, the interested trustee or, where two or more persons are acting as trustee and are interested trustees, a majority of such interested trustees may, in its sole discretion and without the approval of the court having jurisdiction of the trust:
(1) Convert an income trust to a total return unitrust;
(2) Reconvert a total return unitrust to an income trust; or
(3) Change the percentage used to calculate the unitrust amount and/or the method used to determine the fair market value of the trust if:
a. the trustee adopts a written policy for the trust providing:
1. In the case of a trust being administered as an income trust, that future distributions from the trust will be unitrust amounts rather than net income;
2. In the case of a trust being administered as a total return unitrust, that future distributions from the trust will be net income rather than unitrust amounts; or
3. That the percentage used to calculate the unitrust amount and/or the method used to determine the fair market value of the trust will be changed as stated in the policy;
b. the trustee appoints a disinterested person who, in its sole discretion but acting in a fiduciary capacity, determines for the trustee:
1. the percentage to be used to calculate the unitrust amount;
2. the method to be used in determining the fair market value of the trust; and
3. which assets, if any, are to be excluded in determining the unitrust amount;
c. the trustee sends written notice of its intention to take such action, along with copies of such written policy and this section, and the determinations of the disinterested person to:
1. the trustor of the trust, if living;
2. all living persons who are currently receiving or eligible to receive distributions of income of the trust or unitrust amounts;
3. all living persons who would receive principal of the trust if the trust were to terminate at the time of the giving of such notice (without regard to the exercise of any power of appointment) or, if the trust does not provide for its termination, all living persons who would receive or be eligible to receive distributions of income or principal of the trust if the persons identified in paragraph 2 of subparagraph c were deceased; and
4. all persons acting as adviser or protector of the trust;
d. at least one person receiving notice under each of paragraphs 2 and 3 of subparagraph c. of this subdivision is legally competent; and
e. no person receiving such notice objects, by written instrument delivered to the trustee, to the proposed action of the trustee or the determinations of the disinterested person within sixty (60) days of receipt of such notice.
(d) If any trustee desires to (i) convert an income trust to a total return unitrust, (ii) reconvert a total return unitrust to an income trust, or (iii) change the percentage used to calculate the unitrust amount and/or the method used to determine the fair market value of the trust but does not have the ability to or elects not to do it under the provisions of subsection (b) or (c) above, the trustee may petition the court having jurisdiction of the trust for such order as the trustee deems appropriate. In the event, however, there is only one trustee of such trust and such trustee is an interested trustee or in the event there are two or more trustees of such trust and a majority of them are interested trustees, the Court, in its own discretion or on the petition of such trustee or trustees or any person interested in the trust, may appoint a disinterested person who, acting in a fiduciary capacity, shall present such information to the court as shall be necessary to enable the court to make its determinations under this section.
(e) The fair market value of the trust shall be determined at least annually, using such valuation date or dates or averages of valuation dates as are deemed appropriate. Assets for which a fair market value cannot be readily ascertained shall be valued using such valuation methods as are deemed reasonable and appropriate. Such assets may be excluded from valuation, provided all income received with respect to such assets is distributed to the extent distributable in accordance with the terms of the governing instrument.
(f) The percentage to be used in determining the unitrust amount shall be a reasonable current return from the trust, in any event not less than three (3) percent nor more than five (5) percent, taking into account the intentions of the trustor of the trust as expressed in the governing instrument, the needs of the beneficiaries, general economic conditions, projected current earnings and appreciation for the trust, and projected inflation and its impact on the trust.
(g) The unitrust amount shall not be less than the net income of the trust, determined without regard to the provisions of subsection (h), for (i) a trust for which a marital deduction has been taken for federal tax purposes under I.R.C. § 2056 or § 2523 [26 U.S.C. § 2056 or § 2523] (during the lifetime of the spouse for whom the trust was created), or (ii) a trust to which the generation-skipping transfer tax due under I.R.C. § 2601 [26 U.S.C. § 2601] does not apply by reason of any effective date or transition rule.
(h) Following the conversion of an income trust to a total return unitrust, the trustee:
(1) shall treat the unitrust amount as if it were net income of the trust for purposes of determining the amount available, from time to time, for distribution from the trust; and
(2) may allocate to trust income for each taxable year of the trust (or portion thereof):
a. net short-term capital gain described in I.R.C. § 1222(5) [26 U.S.C. § 1222(5)] for such year (or portion thereof) but only to the extent that the amount so allocated together with all other amounts allocated to trust income for such year (or portion thereof) does not exceed the unitrust amount for such year (or portion thereof); and
b. net long-term capital gain described in I.R.C. § 1222(7) [26 U.S.C. § 1222(7)] for such year (or portion thereof) but only to the extent that the amount so allocated together with all other amounts, including amounts described in paragraph a. of this subdivision, allocated to trust income for such year (or portion thereof) does not exceed the unitrust amount for such year (or portion thereof).
(i) In administering a total return unitrust, the trustee may, in its sole discretion but subject to the provisions of the governing instrument, determine:
(1) the effective date of the conversion;
(2) the timing of distributions (including provisions for prorating a distribution for a short year in which a beneficiary’s right to payments commences or ceases);
(3) whether distributions are to be made in cash or in kind or partly in cash and partly in kind;
(4) if the trust is reconverted to an income trust, the effective date of such reconversion; and
(5) such other administrative issues as may be necessary or appropriate to carry out the purposes of this section.
(j) Conversion to a total return unitrust under the provisions of this section shall not affect any other provision of the governing instrument, if any, regarding distributions of principal.
(k) In the case of a trust for which a marital deduction has been taken for federal tax purposes under I.R.C. § 2056 or § 2523 [26 U.S.C. § 2056 or § 2523], the spouse otherwise entitled to receive the net income of the trust shall have the right, by written instrument delivered to the trustee, to compel the reconversion during his or her lifetime of the trust from a total return unitrust to an income trust, notwithstanding anything in this section to the contrary.
(l) This section shall be construed as pertaining to the administration of a trust and shall be available to any trust that is administered in Massachusetts under Massachusetts law unless:
a. the governing instrument reflects an intention that the current beneficiary or beneficiaries are to receive an amount other than a reasonable current return from the trust;
b. the trust is a trust described in I.R.C. § 170(f)(2)(B), § 664(d), § 1361(d), § 2702(a)(3) or § 2702(b) [26 U.S.C. § 170(f)(2)(B), § 664(d), § 1361(d), § 2702(a)(3) or § 2702(b)];
c. one or more persons to whom the trustee could distribute income have a power of withdrawal over the trust that is not subject to an ascertainable standard under I.R.C. § 2041 or § 2514 [26 U.S.C. § 2041 or § 2514] or that can be exercised to discharge a duty of support he or she possesses; or
d. the governing instrument expressly prohibits use of this section by specific reference to the section.
A provision in the governing instrument that “The provisions of Mass. Gen. Laws c. 203 § 25 ½, as amended, or any corresponding provision of future law, shall not be used in the administration of this trust.” or similar words reflecting such intent shall be sufficient to preclude the use of this section.
(m) Any trustee or disinterested person who in good faith takes or fails to take any action under this section shall not be liable to any person affected by such action or inaction, regardless of whether such person received written notice as provided in this section and regardless of whether such person was under a legal disability at the time of the delivery of such notice. Such person’s exclusive remedy shall be to obtain an order of the court having jurisdiction of the trust directing the trustee to convert an income trust to a total return unitrust, to reconvert from a total return unitrust to an income trust or to change the percentage used to calculate the unitrust amount.
SECTION ___. Section ___ shall be effective upon enactment and shall be available to trusts in existence at the date of enactment or created thereafter.
CLERK NUMBER: 8
Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding the following section: —

SECTION ___. Section 21 of chapter 218 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the words “two thousand dollars”, in lines 6 and 35, and inserting in place thereof in both instances the following figures:-- $5,000.
CLERK NUMBER: 9
Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding the following sections:--

SECTION ___. Chapter 218 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out section 23 and inserting in place thereof the following section:-
Section 23. Every cause begun under the procedure shall be determined initially in the district court department. No such cause may be removed for trial in the superior court department. In any action for property damage caused by a motor vehicle where the action is transferred to the regular civil docket in the district court department by the insurer and the unpaid party recovers a judgment for any amount due and payable by the insurer, the court shall assess against the insurer in addition thereto, costs and reasonable attorney's fees.
A plaintiff beginning a cause under the procedure shall be deemed to have waived a trial by jury and any right of appeal to a jury of six session in the district court department. The defendant may, within ten days after receipt of the magistrate's finding, file in the court where the cause was determined a claim of trial before a single justice and shall file his affidavit that there are questions of law and fact in the cause requiring a trial by a single justice, with the specifications thereof, and that such trial is intended in good faith.
The chief justice of the district court department shall designate at least one court in each region for the purpose of hearing cases where a claim for trial by a single justice is entered. Claims for trial by a single justice from courts within Suffolk county shall be held in the Boston municipal court department or district courts in Suffolk county or, with the approval of the chief justice of the district court department, may be held in those district courts whose judicial districts adjoin Suffolk county as are designated by said chief justice. Notwithstanding the foregoing, the chief justice for administration and management may designate the facilities of any other department of the trial court for trial by a single justice in the district court department or the Boston municipal court department. The Boston municipal court department shall be authorized to hear such appeals for the district courts in Suffolk county.
A defendant's claim for trial by a single justice shall be accompanied by $25 for the entry of the cause in the court of the department to which the case has been appealed, and a bond in the penal sum of the judgment entered in the underlying case, with such surety or sureties as may be approved by the plaintiff or the clerk or an assistant clerk of the district court department, payable to the other party or parties to the cause, conditioned to satisfy any judgment and costs which may be entered against him in the proceeding before a single justice in said cause waiting 30 days after the entry thereof. Notwithstanding the foregoing, in any action brought by a tenant of residential premises pursuant to the provisions of section 15B of chapter 186, bond shall be given in an amount equal to three times the amount of the security deposit or balance thereof to which the tenant is entitled, plus interest at the rate of five percent from the date when such payment became due, together with court costs and an amount equal to a reasonable attorney's fee for service which had been performed by an attorney, if any, or which may be expected to be performed by an attorney during the pendency of the appeal.
The clerk shall forthwith transmit such original papers or attested copies thereof as the rules for the procedure may provide, and the court of the department to which the case has been appealed may require pleadings pursuant to the District/Municipal Courts Rules of Civil Procedure, but the cause may be marked for trial on the list of causes advanced for speedy trial. A finding for the plaintiff in the district court department shall be prima facie evidence for the plaintiff in the trial before a single justice. At such trial the plaintiff may, but need not, introduce evidence.
No bond shall be required of a county, town or other municipal corporation, or of a board, officer or employee thereof represented by the city solicitor, town counsel or other officer having similar duties, or of a political subdivision, or of a party who has given bond according to law to dissolve an attachment or of a defendant in an action of tort arising out of the ownership, operation, maintenance, control or use of a motor vehicle or trailer as defined in section one of chapter 90 if the payment of any judgment for costs which may be entered against him is secured, in whole or in part, by a motor vehicle liability bond or policy or a deposit as provided in section 34 D of chapter 90.
The court shall waive the requirement of a bond if it is satisfied that the defendant has insufficient funds available to him to furnish the necessary bond and that the defendant's appeal is not frivolous.
No party to a cause under the procedure shall be entitled to a report. If the court is of the opinion that a question of law requires review, it may submit the matter, in the form of a report of a case stated, to the appellate division.
A judgment in an action for property damage caused by a motor vehicle commenced under the procedure shall not have a res judicata, collateral estoppel or other preclusive effect on any other action arising out of the same cause of action.
CLERK NUMBER: 10
Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding at the end thereof the following section: --

“SECTION ___. Subsection (b) of section 91 of chapter 32 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in lines 84 and 85, the words “nine hundred and sixty” and inserting in place thereof the following numerals: -- 1440”.
CLERK NUMBER: 11
Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding at the end thereof the following section:-
SECTION_. Section 60H of chapter 231 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in lines 6, 13, 21, and 23, in each instance, the words “five hundred thousand” and inserting in place thereof the figures: - “$250,000.”

CLERK NUMBER: 12
Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding at the end thereof the following three sections:-
“SECTION __. Sections 3A, 20A, 21, 21A and 25 of chapter 175 of the acts of 1998 are hereby repealed.
SECTION __. Section 1 of chapter 172 of the acts of 1999 is hereby repealed.
SECTION __. Section 159 of chapter 184 of the acts of 2002 is hereby repealed.”.
CLERK NUMBER: 13
Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding at the end thereof the following section:-
“SECTION __. Chapter 63 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding after section 31H the following section:—
Section 31I. (a) A corporation shall be allowed a credit against its excise due under this chapter equal to five percent of qualified job training expenses. For the purpose of this section, qualified job training expenses are those costs directly incurred for employer-provided or employer-sponsored training programs designed to enhance the skills and knowledge of employees who are employed by said corporation in the commonwealth and who perform at least 80% of their remunerable duties within the commonwealth. Such training programs, including but not limited to basic English language and math teaching, academic and equivalency programs, and employment-related technical training, shall be conducted for such employees at a location in the commonwealth, including but not limited to public institutions of higher education. Such training expenses are limited to expenses for tuition, training instructors and instructional materials and shall not include the wages paid to an employee during the time of instruction or expenses for the construction, acquisition or maintenance of equipment or facilities used for such training purposes.
(b) The credit allowed under this section for any corporation shall not reduce the excise imposed by this chapter to less than the amount due under subsection (b) of section 32 or subsection (b) of section 39 of this chapter.
(c) The provisions of section 32C of this chapter shall not apply to the credit allowed by this section.
(d) No money expended as matching funds for a state-sponsored workforce development grant program shall qualify for the credit under this section.
(e) A corporation claiming a credit under this section shall furnish such information relative to the credit allowed by this section as may be requested by the commissioner in a form approved by him, and the commissioner shall promulgate such regulations as are necessary to implement this section.
(f) This act shall take effect for taxable years beginning on or after January 1, 2004 but shall not be available for tax years beginning on or after January 1, 2009.”.

CLERK NUMBER: 14
Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding at the end thereof the following four sections:-
“SECTION __. Section 101 of chapter 110A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 6, the word “or”.
SECTION __. Said section 101 of said chapter 110A, as so appearing, is hereby further amended by striking out, in line 8, the word “person”, and inserting in place thereof the following:- person, or
(4) to conspire to commit any of the above acts.
SECTION __. Section 102 of said chapter 110A, as so appearing, is hereby amended by striking out, in line 6, the word “or”.
SECTION __. Said section 102 of said chapter 110A, as so appearing, is hereby further amended by striking out, in line 8, the word “person” and inserting in place thereof the following:- person, or
(3) to conspire to commit any of the above acts.”.
CLERK NUMBER: 15
Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding at the end thereof the following section:-
“SECTION __. Subdivision (a) of subsection B of section 3 of chapter 62 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after subparagraph (13) the following new subparagraph:—
(14) In the case of a taxpayer who owns his principal place of residence and such residence is located in the commonwealth, an amount equal to 100% of the interest paid on a home mortgage; provided, however, that such deduction shall not exceed $3,000.”.
CLERK NUMBER: 16
Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding at the end thereof the following section:-
“SECTION __. Chapter 149 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after section 52C the following new section:-
Section 52C½. An employer or duly authorized agent of said employer who provides or otherwise discloses information about a former employee's job performance or work record to a prospective employer or duly authorized agent is presumed to be acting in good faith and, unless lack of good faith is demonstrated by clear and convincing evidence, is immune from civil liability for such disclosure or its consequences. Clear and convincing evidence of lack of good faith shall be evidence that clearly shows the knowing disclosure, with malicious intent, of false or deliberately misleading information.”.
CLERK NUMBER: 17
Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of North Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding at the end thereof the following section:-

“SECTION . Section 4 of chapter 81A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding at the end of subsection (i) the following:- provided further that the authority is directed to assess the maximum toll to first time violators who proceed through marked FastLane toll booths without the assigned transponder from the authority;”.

CLERK NUMBER: 18
Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding at the end thereof the following sections:
SECTION . Section 15 of chapter 19, of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following clause:—
(k) to collect and maintain information on the number of group home units in each community and report such information, including the location of such group home units, to the department of housing and community development on an annual basis. Such location shall be held by the department of housing and community development subject to chapter 66A.
SECTION . Clause (b) of section 15 of chapter 19B of the General Laws, as so appearing, is hereby amended by adding the following sentence:—
The department of mental retardation shall report the number of group home units in each city or town on an annual basis to the department of housing and community development. The department of mental retardation shall also report the location of such group homes to the department of housing and community development. Such location shall be held by the department of housing and community development subject to chapter 66A.
SECTION . The second paragraph of section 3 of chapter 23B of the General Laws, as so appearing, is hereby amended by adding the following clause:—
(w) count the number of low or moderate income housing units, as defined by chapter 40B and the accompanying department of housing and community development regulations, in each city or town in the commonwealth on a biennial basis.
SECTION . Section 20 of chapter 40B of the General Laws is hereby amended by striking out section 20, as so appearing, and inserting in place thereof the following section:—
Section 20 — Definitions
The following words, wherever used in this section and in sections 20A to 23, inclusive, shall, unless a different meaning clearly appears from the context, have the following meanings:—
“Affordable Housing Threshold”, each city or town shall have a minimum affordable housing threshold such that at least 10 percent of year round housing units meet the requirements for inclusion on the subsidized housing inventory in a manner consistent with sections 20 through 23 of this chapter.
“Committee”, the housing appeals committee.
“Consistent with local needs”, shall have the meaning set forth in section 20A.
“Department”, the department of housing and community development.
“Family”, two or more persons who live or will live regularly in a unit as their primary residence whose income and resources are available to meet the family’s needs and who are either related by blood, marriage, operation of law or who have otherwise evidenced an inter-dependent relationship.
“Group Home Units”, community housing units or beds serving clients of the department of mental retardation or the department of mental health which are located in a non-institutional setting. Each such unit shall serve 1 client.
“Local Board”, any town or city board of survey, board of health, planning board, conservation commission, building inspector or the officer or board having supervision of the construction of buildings or the power of enforcing municipal building laws, or city council or board of selectmen or other boards exercising power specified locally.
“Local Program”, a housing program established and administered by a city or town which has been authorized and approved by the department.
“Low or moderate-income households”, individuals or families living in a housing unit with combined incomes no higher than 80 percent of the median income for the metropolitan statistical area, primary metropolitan statistical area, or the county in which the housing unit is located, whichever is lower, as determined by the United States department of housing and urban development or, in the absence of such a determination, by the department.
“Low or moderate-income housing”, any year round housing subsidized by the federal or state government under any program, or subsidized by a local government under a local program authorized and approved by the department, to produce housing which serves low or moderate-income households as defined in this chapter.
“Subsidy”, the provision of: direct financial assistance; indirect financial assistance including insurance, guarantees, or other means; in kind assistance; technical assistance; or of other supportive services through a federal, state or local housing program to assist the construction of low or moderate-income housing.
“Subsidizing Agency”, any agency or entity of state, federal or local government which subsidizes the construction or substantial rehabilitation of low or moderate-income housing and any housing authority acting pursuant to section 26(m) of chapter 121B.
“Uneconomic”, any condition brought about by any single factor or combination of factors to the extent that such condition makes it impossible for a public agency or nonprofit organization to proceed in building or operating low or moderate income housing without financial loss, or for a limited dividend organization to proceed and still realize a reasonable return in building or operating such housing within the limitations set by the subsidizing agency on the size or character of the development or on the amount or nature of the subsidy or on the tenants, rentals and income permissible, and without substantially changing the rent levels and units sizes proposed by the public, nonprofit or limited dividend organizations.
SECTION . Said chapter is hereby further amended by inserting after section 20, the following new section:—
Section 20A. Consistent with local needs.
Decisions and requirements by the zoning board of appeals shall be considered consistent with local needs if they are reasonable in view of the regional need for low or moderate income housing considered with the number of low and moderate income persons in the city or town affected and the need to protect the health or safety of the occupants of the proposed housing or of the residents of the city or town, to promote better site and building design in relation to the surroundings, or to preserve open spaces, and if such decisions and requirements are applied as equally as possible to both subsidized and unsubsidized housing. Decisions and requirements shall also be deemed consistent with local needs when imposed by a board of zoning appeals after comprehensive hearing in a city or town where:
(1) Low or moderate-income housing exists which is at least 10 per cent of the housing units reported in the most recent federal decennial census of the city or town; (2) The development is large scale for the city or town in which it is proposed. A proposed development shall be large scale if:
a. in a city or town which has a total number of 7,500 or more housing units as enumerated in the most recent federal decennial census, the application for a comprehensive permit involves construction of more than 300 housing units or a number of housing units equal to or greater than 2 percent of all housing units in the city or town, whichever number is greater; or
b. in a city or town which has between 5,000 and 7,500 housing units exclusive, as so enumerated, the application for a comprehensive permit involves construction of more than 250 housing units; or
c. in a city or town which has between 2,500 and 5,000 housing units inclusive, as so enumerated, the application for a comprehensive permit involves construction of more than 200 housing units; or
d. in a city or town which has less than 2,500 housing units, as so enumerated, the application for a comprehensive permit involves construction of more than 150 housing units; or
(3) The city or town has made recent progress toward attaining its affordable housing threshold. Recent progress toward its affordable housing threshold shall mean that the number of housing units that have been created during the twelve months prior to the date of the comprehensive permit application and that are eligible to be included on the subsidized housing inventory equal to or greater than 2 percent of the city or town’s total housing units as enumerated in the most recent federal decennial census; or
(4) 12 months has not elapsed between the date of application for a comprehensive permit and the date of the most recent pendency of a prior application for a variance, special permit, subdivision or other approval related to construction on the same land if that prior application included no provision for low or moderate income housing, provided that any such application shall not be considered a prior application if it concerns only insubstantial changes to an existing use;
(5) the city or town has adopted an affordable housing plan approved by the department pursuant to which there is an increase in its number of low or moderate-income housing units eligible for inclusion on the subsidized housing inventory by at least one-half of 1 percent of total units every calendar year until housing needs are met pursuant to this chapter, subject to paragraphs (a) and (b) below.
a. The affordable housing plan shall be based upon a comprehensive housing needs assessment, which shall include an analysis of the most recent federal decennial census data of the city or town’s demographics and housing stock, development constraints as well as of the city or town’s ability to mitigate them, and the city or town’s infrastructure.
b. The affordable housing plan shall address the matters set out in guidelines adopted by the department, including:
i. a mix of housing, such as rental and homeownership opportunities for families, individuals, persons with disabilities or special needs, and the elderly that are consistent with local needs and feasible within the housing market in which they will be situated;
ii. the strategy by which the city or town will achieve its housing goals based upon its comprehensive needs assessment;
iii. the characteristics of projects the city or town prefers that are consistent with the guidelines established by the department for smart growth and development including, but not limited to, redevelopment and adaptive reuse, cluster housing, higher-density housing, transit or pedestrian-oriented development which provides access to jobs and services, resource efficient buildings, and development in locations with existing infrastructure;
iv. a description of the use restrictions which shall be imposed on low- or moderate-income housing units to ensure that each unit will remain affordable to and occupied by low or moderate-income households;
v. the identification of zoning districts or geographic areas which permit residential uses which the city or town proposes to modify or has created for the purposes of low or moderate-income housing developments;
vi. the identification of specific sites or characteristics of sites for which the city or town will encourage the filing of comprehensive permit applications pursuant to section 21 of this chapter; and
vii. city or town owned parcels, if any, for which the city or town commits to issue requests for proposals to develop low or moderate-income housing.
c. Upon submission to the department, the plan shall also be submitted to the regional planning district established pursuant to this chapter or the cape cod commission established pursuant to section 18 of chapter 716 of the laws of 1989 as amended, or the martha’s vineyard commission established pursuant to chapter 831 of the laws of 1977, within such district or commission area such project is located or any other regional planning district hereafter established by the general court, which shall have 30 days to comment to the department on the implications of the plan for housing need, growth and development concerns, and other relevant matters. Within 90 days after its submission to the department by a city or town’s chief executive officer, the department shall approve the plan if it meets the requirements specified herein, otherwise, it shall disapprove the plan. The department shall notify the city or town of its decision to either approve or disapprove a plan in writing. If the department disapproves a plan, the notification shall include a statement of reasons for the disapproval. A city or town that originally submitted a plan that had been disapproved may submit a new or revised plan to the department at any time. A city or town may amend its plan from time to time if the department approves the amendment. If the department fails to mail notice of approval or disapproval of a plan or plan amendment within 90 days after its receipt, the plan or plan amendment shall be deemed to be approved.
d. The department shall certify annually whether a city or town is in compliance with an approved plan. The department shall determine whether a city or town is in compliance within 30 days of receipt of a city or town’s request for such a certification. A city or town shall be in compliance if it has reached the benchmarks established in its approved plan and has made all changes necessary to accommodate future planned development. If the department determines the city or town is in compliance with its plan, the certification shall be retroactive to the date the certification was requested. Provided further if a city or town fails to achieve the goals established in the approved plan and as documented on the subsidized housing inventory the city or town shall not be in compliance with its plan and shall submit a new plan for certification by the department.
e. Units which were created and which became eligible to be counted toward a city or town’s affordable housing threshold between August 1, 2002 and December 31, 2002 shall be credited toward the city or town’s affordable housing threshold for the first year of planned production under an approved affordable housing plan, regardless of the date the plan is submitted to or certified by the department. An approved plan shall take effect for the purpose of the definition of consistent with local needs in this section only when the department certifies that the city or town has approved permits resulting in an initial annual increase in its low-or moderate-income housing units of at least one-half of 1 percent of total housing units in accordance with its plan. It is the responsibility of the city or town to request such certification from the department. Once the department has made such a certification of initial compliance and subsequent annual certifications of compliance:
1. The board may, in its discretion, deny, or approve with conditions, any comprehensive permit applications for the period of one year from any certification, and such denial or approval with conditions shall be deemed consistent with local needs; or, alternatively,
2. The board may, in its discretion, deny or approve with conditions any comprehensive permit applications for the period of 2 years from any certification, if, in the year it was certified, the city or town has increased its low or moderate-income housing stock by at least 1 percent of total housing units in a manner consistent with the plan, or alternatively,
3. The board may, in its discretion, deny, or approve with conditions, any comprehensive permit applications for the period of 3 years from any certification, if, in the year it was certified, the city or town has increased its low or moderate-income housing stock by at least 1½ percent of total housing units in a manner consistent with the plan;
(6) the board has approved 3 or more comprehensive permits, at least 3 of which contain 20 or more housing units each within 12 months preceding the filing of an application for a comprehensive permit and those permits have become final; or
(7) less than 20% of the property tax base in the city or town is comprised of commercial/industrial zoned land and the application is for a project to be developed on property that was zoned commercial/industrial as of January 1, 2004; provided, however, that the city or town may choose to waive this exemption.
SECTION . Said chapter is hereby further amended by inserting after section 20, the following new section:—
Section 20B. Local determination of affordable housing threshold.
(a) Comprehensive permit requirements.
(1) To be eligible to submit an application for a comprehensive permit or to file or maintain an appeal before the committee, the applicant and the project shall fulfill the following jurisdictional requirements:
(i) The applicant shall be a public agency, a non-profit organization, or a limited dividend organization. An applicant shall satisfy the limited dividend organization requirement if the comprehensive permit contains a condition that the owner of the project execute a regulatory agreement with a subsidizing agency which limits the owner’s return on building or operating the project to the amounts set by the subsidizing agency or program. Such regulatory agreement shall be recorded or filed prior to the beginning of construction of the land records with the registry of deeds or land court in the registry district or district office of the land court in which the project is located.
(ii) The project shall be fundable by a subsidizing agency under a low and moderate-income housing subsidy program.
(iii) The applicant shall control the site.
(iv) The proposed development shall contain no less than 25 percent of its total housing units as units affordable to low or moderate income households, or in the alternative a proposed development may contain no less than 20 percent of its total housing units as affordable to households whose income does not exceed 50 percent of the area median income.
Provided further the inclusion of commercial, recreational or other land uses which are in conjunction with the housing development shall not preclude eligibility.
(2) Fundability shall be established by submission of a written determination of project eligibility by a subsidizing agency as follows:
(i) A determination of project eligibility shall include:
A. the name and address of the applicant;
B. the address of the site and site description;
C. the number and type (homeownership or rental) of housing units proposed;
D. the name of the housing program or programs under which project eligibility is sought; and
E. relevant details of the particular project if not mandated by the housing program, including the percentage of units for low or moderate income households, income eligibility standards, the duration of use restrictions requiring occupancy by low or moderate income households, and the limited dividend status of the developer;
(ii) A determination of project eligibility shall make the following findings:
A. that the proposed project appears generally eligible under the requirements of the housing program or programs, subject to final review of eligibility and to final approval;
B. that the subsidizing agency has performed an on-site inspection of the site and has reviewed pertinent information submitted by the applicant;
C. that the proposed housing design and density are generally appropriate for the site on which it is located, taking into account surrounding land uses, proximity to transportation, services and public utilities, and design to minimize land use impacts;
D. that the proposed project appears financially feasible within the housing market in which it will be situated, based on comparable rentals or sales figures;
E. that an initial pro forma has been reviewed and the project appears financially feasible on the basis of estimated development costs; and
F. that the developer of the proposed project meets the general eligibility standards of the housing program or programs.
(iii) In addition to the foregoing, a subsidizing agency shall consider the following in making a determination of project eligibility: overall density and size; environmental impact, including watersheds and existing land uses; consistency with principles of smart growth; impact on historical resources; the impact of other pending applications for housing development; and other local concerns of the city or town where the project is located.
(iv) Within 10 days of filing of its application for a determination of project eligibility with a subsidizing agency for preliminary approval of a project, the applicant shall serve written notice upon the director of the department.
(v) Within 10 days of filing the application for a determination of project eligibility the applicant shall provide written notice and a copy of such application to the chief executive officer of the involved city or town and to the members of the general court representing such city or town. The applicant shall also provide written notice of the application to the planning board, board of health, conservation commission, water and sewer district, fire and police. Within 30 days after such notice, the chief executive officer or designee of the chief executive officer may schedule and hold a meeting at a location within the involved city or town. The meeting shall be chaired by the city or town’s chief executive officer or designee and shall be attended by the applicant or its representative. Representatives from local boards are encouraged to attend the meeting and provide written comment. The purpose of the meeting is to allow the applicant and the city or town representatives to informally discuss the preliminary proposal so that the parties involved can develop an understanding of the proposal and to respond to concerns raised in an effort to achieve an outcome that meets the needs of the involved city or town as well as the applicant. In addition, a representative from a public or quasi-public housing agency, or a regional planning agency within the regional planning district or its designee knowledgeable with respect to chapter 40B may provide technical assistance on topics including, but not limited to, site design and density, open space, marketing, use restrictions, allowable costs and profit limitations. Following the close of the meeting, the chief executive officer of the city or town, local boards, and the regional planning district may issue written comments within 14 days to the subsidizing agency.
(vi) Within 10 days of receipt of a written determination of project eligibility from the subsidizing agency, the applicant shall serve a copy of that determination upon the director of the department.
(vii) An applicant which has obtained a determination of project eligibility shall be presumed to be eligible to submit an application for comprehensive permit or to file or maintain an appeal before the committee. Nothing set forth in this section 20B shall be deemed to confer upon any city or town, or any of its boards, committees, commissions or officials, or upon any other person the right to appeal or judicial review in any form the determination of project eligibility by the subsidizing agency, it being intended that the rights of appeal conferred by sections 21 and 22 of this chapter shall be the exclusive remedy for any party aggrieved by the issuance or denial of any comprehensive permit hereunder.
(viii) If project funding is provided through a non-governmental entity, a public or quasi-public entity authorized by the department shall make the determination of project eligibility. The designated entity that issued the project eligibility determination shall administer the project thereafter as specified in program guidelines issued by the department.
(3) A showing that the applicant, or any entity 50 percent or more of which is owned by the applicant, owns a 50 percent or greater interest, legal or equitable, in the proposed site, or holds any option or contract to purchase the proposed site, shall be considered by the board or the housing appeals committee to be conclusive evidence of the applicant’s interest in the site.
(4) No determination of project eligibility shall be issued for a project sooner than 45 days after the filing of its application with the subsidizing agency for preliminary approval of the project. A determination of project eligibility shall be for a particular financing program or programs. An applicant may proceed under alternative financing programs if the application to the board or appeal to the committee so indicates and if full information concerning the project under the alternative financing arrangements is provided.
(5) Failure of the applicant to fulfill any of the requirements in this section may be raised by the housing appeals committee, the board, or a party at any time, and shall be cause for dismissal of the application or appeal. No application or appeal shall be dismissed, however, unless the applicant has had at least 60 days to remedy the failure.
(b) Local Action Prerequisite to Appeal.
In order to appeal to the committee, an applicant shall have applied to the board for a comprehensive permit in accordance with section 21 of this chapter and shall have been denied such permit or shall have been granted such permit with conditions which it alleges make the building or operation of such housing uneconomic.
(c) Local progress toward affordable housing threshold.
(1) Affordable housing thresholds. A city or town may record progress towards its affordable housing threshold as documented in the subsidized housing inventory in the following manner:
i. Rental Housing Units: (a) If at least 25 percent of housing units within a development are restricted to serve low or moderate-income households, 100 percent of housing units within the development shall be eligible to be included toward the city or town’s affordable housing threshold. If fewer than 25 percent of housing units within a development are restricted to serve low or moderate-income households, only those units which serve low or moderate-income households shall be eligible to be included toward the city or town’s affordable housing threshold or (b) if at least 20 percent of housing units within a development are restricted to serve households with household income at or below 50 percent of area median income, 100 percent of housing units within the development shall be eligible to be included toward the city or town’s affordable housing threshold. If fewer than 25 percent of housing units within a development are restricted to serve low or moderate-income households, only such restricted units shall be eligible to be included toward the city or town’s affordable housing threshold;
ii. Homeownership Units: (a) if at least 25 percent of housing units within a development are restricted to serve low or moderate-income households, 100 percent of housing units within the development shall be eligible to be included toward the city or town’s affordable housing threshold or (b) if at least 20 percent of housing units within a development serve households earning at or below 50 percent of area median income, 2 times the actual number of units serving such households, not to exceed the total number of homeownership units authorized by the permit shall be included toward the city or town’s affordable housing threshold. If fewer than 25 percent of housing units within a development are restricted to serve low or moderate-income households, only such units which are restricted to serve low or moderate-income households shall be eligible to be included toward the city or town’s affordable housing threshold;
iii. Community Preservation Act Housing Units: any community housing, as defined in chapter 44B which is restricted to occupancy by persons of low or moderate income households, provided further, that such housing payment exclusive of utilities shall not exceed 30 percent of monthly income of a household at or below 80 percent of area median income, adjusted for household size, shall be eligible to be included toward the city or town’s affordable housing threshold;
iv. Accessory Apartment Units: any accessory apartment which is approved pursuant to a city or town’s ordinance or bylaw and is occupied by persons of low or moderate income, provided further that such rental payment exclusive of utilities shall not exceed 30 percent of monthly income of a household earning at or below 80 percent of area median income, adjusted for household size, shall be eligible to be included toward the city or town’s affordable housing threshold. Each such accessory apartment unit shall be subject to a use restriction, which may be revocable upon the sale of the principal residence. Each city or town shall certify annually the number of such accessory apartments within its borders;
v. Group Home Units: all group home units in each city or town as reported annually by the department of mental health and the department of mental retardation to the department shall be eligible to be included toward the city or town’s affordable housing threshold;
vi. Local Housing Units: housing units created under a local program or subsidy or which qualify as local initiative units pursuant to regulations promulgated by the department and restricted to serve low or moderate income households as defined in this chapter shall be eligible to be included toward the city or town’s affordable housing threshold as documented on the subsidized housing inventory; and
vii. Urban Center Housing Tax Increment Financing Units: low or moderate income housing created pursuant to section 60 of chapter 40 provided further, that such housing payment exclusive of utilities shall not exceed 30 percent of monthly household income of a household earning at or below 80 percent of area median income shall be eligible to be included toward the city or town’s affordable housing threshold.
viii. Expiring Use Units: In instances where housing units were developed to serve low or moderate income households and the use restriction has expired as a result of refinancing or operation of law or otherwise, the department shall have the discretion to count such units pursuant to guidelines promulgated by the department toward a city or town’s affordable housing threshold as recorded in the subsidized housing inventory.
ix. Manufactured Housing: 50% of year round units of manufactured housing as defined by section 32Q of chapter 140, shall be eligible to be included toward a city’s or town’s affordable housing threshold.
(d) Subsidized Housing Inventory.
The department shall maintain an inventory of low or moderate income housing units. Such inventory shall be published biennially, provided further that such inventory shall be updated for a specific city or town upon request by such city or town. Housing units authorized by a comprehensive permit or special permit shall be eligible to be included toward a city or town’s affordable housing threshold as recorded on the subsidized housing inventory when the comprehensive permit or special permit becomes final, provided that housing units for which building permits have not been issued within 1 year of the date when the comprehensive permit or special permit became final shall no longer be eligible to be counted toward the city or town’s affordable housing threshold until the building permits have been issued. The department may for good cause waive such time requirement. Low or moderate income housing units not authorized pursuant to a comprehensive permit or special permit shall be eligible to be counted toward the city or town’s affordable housing threshold when a building or occupancy permit is issued.
SECTION . Said chapter is hereby further amended by inserting after section 20, the following section:—
Section 20C. The Massachusetts Housing Partnership Fund board, as established by section 35 of chapter 405 of the acts of 1985, or its designee, shall make technical assistance available to local zoning boards of appeal to assist in their review of applications for comprehensive permits. No subsidizing agency shall issue a determination of project eligibility or site approval unless a fee to defray the costs of such technical assistance program has been collected from the applicant and remitted to the Massachusetts Housing Partnership Fund board in accordance with a fee schedule adopted by the department.
SECTION . Said chapter is hereby further amended by inserting after section 20, the following section:—
Section 20D. The department shall promulgate regulations and establish programs, policies, guidelines and necessary fee schedules to implement sections 20 to 23, inclusive, of this chapter. The department shall make available planning and housing development information and technical assistance to assist cities and towns in reaching their affordable housing threshold as defined in this chapter.
SECTION . Section 23 of said chapter 40B, as so appearing, is hereby amended by inserting after the first sentence the following sentence:—
The committee shall receive evidence of and shall consider the following matters: (1) a city or town’s master plan, comprehensive plan or community development plan, and (2) the results of the city or town’s efforts to implement such plans.
SECTION . Notwithstanding any general or special law to the contrary, no application for a comprehensive permit filed pursuant to sections 20 through 23 of chapter 40B before the effective date of this act shall be denied as a result of changes to the General Laws pursuant to this act.

CLERK NUMBER: 19

Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding at the end thereof the following sections:
SECTION . Section 15 of chapter 19, of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following clause:—
(k) to collect and maintain information on the number of group home units in each community and report such information, including the location of such group home units, to the department of housing and community development on an annual basis. Such location shall be held by the department of housing and community development subject to chapter 66A.
SECTION . Clause (b) of section 15 of chapter 19B of the General Laws, as so appearing, is hereby amended by adding the following sentence:—
The department of mental retardation shall report the number of group home units in each city or town on an annual basis to the department of housing and community development. The department of mental retardation shall also report the location of such group homes to the department of housing and community development. Such location shall be held by the department of housing and community development subject to chapter 66A.
SECTION . The second paragraph of section 3 of chapter 23B of the General Laws, as so appearing, is hereby amended by adding the following clause:—
(w) count the number of low or moderate income housing units, as defined by chapter 40B and the accompanying department of housing and community development regulations, in each city or town in the commonwealth on a biennial basis.
SECTION . Section 20 of chapter 40B of the General Laws is hereby amended by striking out section 20, as so appearing, and inserting in place thereof the following section:—
Section 20 — Definitions
The following words, wherever used in this section and in sections 20A to 23, inclusive, shall, unless a different meaning clearly appears from the context, have the following meanings:—
“Affordable Housing Threshold”, each city or town shall have a minimum affordable housing threshold such that at least 10 percent of year round housing units meet the requirements for inclusion on the subsidized housing inventory in a manner consistent with sections 20 through 23 of this chapter.
“Committee”, the housing appeals committee.
“Consistent with local needs”, shall have the meaning set forth in section 20A.
“Department”, the department of housing and community development.
“Family”, two or more persons who live or will live regularly in a unit as their primary residence whose income and resources are available to meet the family’s needs and who are either related by blood, marriage, operation of law or who have otherwise evidenced an inter-dependent relationship.
“Group Home Units”, community housing units or beds serving clients of the department of mental retardation or the department of mental health which are located in a non-institutional setting. Each such unit shall serve 1 client.
“Local Board”, any town or city board of survey, board of health, planning board, conservation commission, building inspector or the officer or board having supervision of the construction of buildings or the power of enforcing municipal building laws, or city council or board of selectmen or other boards exercising power specified locally.
“Local Program”, a housing program established and administered by a city or town which has been authorized and approved by the department.
“Low or moderate-income households”, individuals or families living in a housing unit with combined incomes no higher than 80 percent of the median income for the metropolitan statistical area, primary metropolitan statistical area, or the county in which the housing unit is located, whichever is lower, as determined by the United States department of housing and urban development or, in the absence of such a determination, by the department.
“Low or moderate-income housing”, any year round housing subsidized by the federal or state government under any program, or subsidized by a local government under a local program authorized and approved by the department, to produce housing which serves low or moderate-income households as defined in this chapter.
“Subsidy”, the provision of: direct financial assistance; indirect financial assistance including insurance, guarantees, or other means; in kind assistance; technical assistance; or of other supportive services through a federal, state or local housing program to assist the construction of low or moderate-income housing.
“Subsidizing Agency”, any agency or entity of state, federal or local government which subsidizes the construction or substantial rehabilitation of low or moderate-income housing and any housing authority acting pursuant to section 26(m) of chapter 121B.
“Uneconomic”, any condition brought about by any single factor or combination of factors to the extent that such condition makes it impossible for a public agency or nonprofit organization to proceed in building or operating low or moderate income housing without financial loss, or for a limited dividend organization to proceed and still realize a reasonable return in building or operating such housing within the limitations set by the subsidizing agency on the size or character of the development or on the amount or nature of the subsidy or on the tenants, rentals and income permissible, and without substantially changing the rent levels and units sizes proposed by the public, nonprofit or limited dividend organizations.
SECTION . Said chapter is hereby further amended by inserting after section 20, the following new section:—
Section 20A. Consistent with local needs.
Decisions and requirements by the zoning board of appeals shall be considered consistent with local needs if they are reasonable in view of the regional need for low or moderate income housing considered with the number of low and moderate income persons in the city or town affected and the need to protect the health or safety of the occupants of the proposed housing or of the residents of the city or town, to promote better site and building design in relation to the surroundings, or to preserve open spaces, and if such decisions and requirements are applied as equally as possible to both subsidized and unsubsidized housing. Decisions and requirements shall also be deemed consistent with local needs when imposed by a board of zoning appeals after comprehensive hearing in a city or town where:
(1) Low or moderate-income housing exists which is at least 10 per cent of the housing units reported in the most recent federal decennial census of the city or town; (2) The development is large scale for the city or town in which it is proposed. A proposed development shall be large scale if:
a. in a city or town which has a total number of 7,500 or more housing units as enumerated in the most recent federal decennial census, the application for a comprehensive permit involves construction of more than 300 housing units or a number of housing units equal to or greater than 2 percent of all housing units in the city or town, whichever number is greater; or
b. in a city or town which has between 5,000 and 7,500 housing units exclusive, as so enumerated, the application for a comprehensive permit involves construction of more than 250 housing units; or
c. in a city or town which has between 2,500 and 5,000 housing units inclusive, as so enumerated, the application for a comprehensive permit involves construction of more than 200 housing units; or
d. in a city or town which has less than 2,500 housing units, as so enumerated, the application for a comprehensive permit involves construction of more than 150 housing units; or
(3) The city or town has made recent progress toward attaining its affordable housing threshold. Recent progress toward its affordable housing threshold shall mean that the number of housing units that have been created during the twelve months prior to the date of the comprehensive permit application and that are eligible to be included on the subsidized housing inventory equal to or greater than 2 percent of the city or town’s total housing units as enumerated in the most recent federal decennial census; or
(4) 12 months has not elapsed between the date of application for a comprehensive permit and the date of the most recent pendency of a prior application for a variance, special permit, subdivision or other approval related to construction on the same land if that prior application included no provision for low or moderate income housing, provided that any such application shall not be considered a prior application if it concerns only insubstantial changes to an existing use;
(5) the city or town has adopted an affordable housing plan approved by the department pursuant to which there is an increase in its number of low or moderate-income housing units eligible for inclusion on the subsidized housing inventory by at least one-half of 1 percent of total units every calendar year until housing needs are met pursuant to this chapter, subject to paragraphs (a) and (b) below.
a. The affordable housing plan shall be based upon a comprehensive housing needs assessment, which shall include an analysis of the most recent federal decennial census data of the city or town’s demographics and housing stock, development constraints as well as of the city or town’s ability to mitigate them, and the city or town’s infrastructure.
b. The affordable housing plan shall address the matters set out in guidelines adopted by the department, including:
i. a mix of housing, such as rental and homeownership opportunities for families, individuals, persons with disabilities or special needs, and the elderly that are consistent with local needs and feasible within the housing market in which they will be situated;
ii. the strategy by which the city or town will achieve its housing goals based upon its comprehensive needs assessment;
iii. the characteristics of projects the city or town prefers that are consistent with the guidelines established by the department for smart growth and development including, but not limited to, redevelopment and adaptive reuse, cluster housing, higher-density housing, transit or pedestrian-oriented development which provides access to jobs and services, resource efficient buildings, and development in locations with existing infrastructure;
iv. a description of the use restrictions which shall be imposed on low- or moderate-income housing units to ensure that each unit will remain affordable to and occupied by low or moderate-income households;
v. the identification of zoning districts or geographic areas which permit residential uses which the city or town proposes to modify or has created for the purposes of low or moderate-income housing developments;
vi. the identification of specific sites or characteristics of sites for which the city or town will encourage the filing of comprehensive permit applications pursuant to section 21 of this chapter; and
vii. city or town owned parcels, if any, for which the city or town commits to issue requests for proposals to develop low or moderate-income housing.
c. Upon submission to the department, the plan shall also be submitted to the regional planning district established pursuant to this chapter or the cape cod commission established pursuant to section 18 of chapter 716 of the laws of 1989 as amended, or the martha’s vineyard commission established pursuant to chapter 831 of the laws of 1977, within such district or commission area such project is located or any other regional planning district hereafter established by the general court, which shall have 30 days to comment to the department on the implications of the plan for housing need, growth and development concerns, and other relevant matters. Within 90 days after its submission to the department by a city or town’s chief executive officer, the department shall approve the plan if it meets the requirements specified herein, otherwise, it shall disapprove the plan. The department shall notify the city or town of its decision to either approve or disapprove a plan in writing. If the department disapproves a plan, the notification shall include a statement of reasons for the disapproval. A city or town that originally submitted a plan that had been disapproved may submit a new or revised plan to the department at any time. A city or town may amend its plan from time to time if the department approves the amendment. If the department fails to mail notice of approval or disapproval of a plan or plan amendment within 90 days after its receipt, the plan or plan amendment shall be deemed to be approved.
d. The department shall certify annually whether a city or town is in compliance with an approved plan. The department shall determine whether a city or town is in compliance within 30 days of receipt of a city or town’s request for such a certification. A city or town shall be in compliance if it has reached the benchmarks established in its approved plan and has made all changes necessary to accommodate future planned development. If the department determines the city or town is in compliance with its plan, the certification shall be retroactive to the date the certification was requested. Provided further if a city or town fails to achieve the goals established in the approved plan and as documented on the subsidized housing inventory the city or town shall not be in compliance with its plan and shall submit a new plan for certification by the department.
e. Units which were created and which became eligible to be counted toward a city or town’s affordable housing threshold between August 1, 2002 and December 31, 2002 shall be credited toward the city or town’s affordable housing threshold for the first year of planned production under an approved affordable housing plan, regardless of the date the plan is submitted to or certified by the department. An approved plan shall take effect for the purpose of the definition of consistent with local needs in this section only when the department certifies that the city or town has approved permits resulting in an initial annual increase in its low-or moderate-income housing units of at least one-half of 1 percent of total housing units in accordance with its plan. It is the responsibility of the city or town to request such certification from the department. Once the department has made such a certification of initial compliance and subsequent annual certifications of compliance:
1. The board may, in its discretion, deny, or approve with conditions, any comprehensive permit applications for the period of one year from any certification, and such denial or approval with conditions shall be deemed consistent with local needs; or, alternatively,
2. The board may, in its discretion, deny or approve with conditions any comprehensive permit applications for the period of 2 years from any certification, if, in the year it was certified, the city or town has increased its low or moderate-income housing stock by at least 1 percent of total housing units in a manner consistent with the plan, or alternatively,
3. The board may, in its discretion, deny, or approve with conditions, any comprehensive permit applications for the period of 3 years from any certification, if, in the year it was certified, the city or town has increased its low or moderate-income housing stock by at least 1½ percent of total housing units in a manner consistent with the plan;
(6) the board has approved 3 or more comprehensive permits, at least 3 of which contain 20 or more housing units each within 12 months preceding the filing of an application for a comprehensive permit and those permits have become final.
SECTION . Said chapter is hereby further amended by inserting after section 20, the following new section:—
Section 20B. Local determination of affordable housing threshold.
(a) Comprehensive permit requirements.
(1) To be eligible to submit an application for a comprehensive permit or to file or maintain an appeal before the committee, the applicant and the project shall fulfill the following jurisdictional requirements:
(i) The applicant shall be a public agency, a non-profit organization, or a limited dividend organization. An applicant shall satisfy the limited dividend organization requirement if the comprehensive permit contains a condition that the owner of the project execute a regulatory agreement with a subsidizing agency which limits the owner’s return on building or operating the project to the amounts set by the subsidizing agency or program. Such regulatory agreement shall be recorded or filed prior to the beginning of construction of the land records with the registry of deeds or land court in the registry district or district office of the land court in which the project is located.
(ii) The project shall be fundable by a subsidizing agency under a low and moderate-income housing subsidy program.
(iii) The applicant shall control the site.
(iv) The proposed development shall contain no less than 25 percent of its total housing units as units affordable to low or moderate income households, or in the alternative a proposed development may contain no less than 20 percent of its total housing units as affordable to households whose income does not exceed 50 percent of the area median income.
Provided further the inclusion of commercial, recreational or other land uses which are in conjunction with the housing development shall not preclude eligibility.
(2) Fundability shall be established by submission of a written determination of project eligibility by a subsidizing agency as follows:
(i) A determination of project eligibility shall include:
A. the name and address of the applicant;
B. the address of the site and site description;
C. the number and type (homeownership or rental) of housing units proposed;
D. the name of the housing program or programs under which project eligibility is sought; and
E. relevant details of the particular project if not mandated by the housing program, including the percentage of units for low or moderate income households, income eligibility standards, the duration of use restrictions requiring occupancy by low or moderate income households, and the limited dividend status of the developer;
(ii) A determination of project eligibility shall make the following findings:
A. that the proposed project appears generally eligible under the requirements of the housing program or programs, subject to final review of eligibility and to final approval;
B. that the subsidizing agency has performed an on-site inspection of the site and has reviewed pertinent information submitted by the applicant;
C. that the proposed housing design and density are generally appropriate for the site on which it is located, taking into account surrounding land uses, proximity to transportation, services and public utilities, and design to minimize land use impacts;
D. that the proposed project appears financially feasible within the housing market in which it will be situated, based on comparable rentals or sales figures;
E. that an initial pro forma has been reviewed and the project appears financially feasible on the basis of estimated development costs; and
F. that the developer of the proposed project meets the general eligibility standards of the housing program or programs.
(iii) In addition to the foregoing, a subsidizing agency shall consider the following in making a determination of project eligibility: overall density and size; environmental impact, including watersheds and existing land uses; consistency with principles of smart growth; impact on historical resources; the impact of other pending applications for housing development; and other local concerns of the city or town where the project is located.
(iv) Within 10 days of filing of its application for a determination of project eligibility with a subsidizing agency for preliminary approval of a project, the applicant shall serve written notice upon the director of the department.
(v) Within 10 days of filing the application for a determination of project eligibility the applicant shall provide written notice and a copy of such application to the chief executive officer of the involved city or town and to the members of the general court representing such city or town. The applicant shall also provide written notice of the application to the planning board, board of health, conservation commission, water and sewer district, fire and police. Within 30 days after such notice, the chief executive officer or designee of the chief executive officer may schedule and hold a meeting at a location within the involved city or town. The meeting shall be chaired by the city or town’s chief executive officer or designee and shall be attended by the applicant or its representative. Representatives from local boards are encouraged to attend the meeting and provide written comment. The purpose of the meeting is to allow the applicant and the city or town representatives to informally discuss the preliminary proposal so that the parties involved can develop an understanding of the proposal and to respond to concerns raised in an effort to achieve an outcome that meets the needs of the involved city or town as well as the applicant. In addition, a representative from a public or quasi-public housing agency, or a regional planning agency within the regional planning district or its designee knowledgeable with respect to chapter 40B may provide technical assistance on topics including, but not limited to, site design and density, open space, marketing, use restrictions, allowable costs and profit limitations. Following the close of the meeting, the chief executive officer of the city or town, local boards, and the regional planning district may issue written comments within 14 days to the subsidizing agency.
(vi) Within 10 days of receipt of a written determination of project eligibility from the subsidizing agency, the applicant shall serve a copy of that determination upon the director of the department.
(vii) An applicant which has obtained a determination of project eligibility shall be presumed to be eligible to submit an application for comprehensive permit or to file or maintain an appeal before the committee. Nothing set forth in this section 20B shall be deemed to confer upon any city or town, or any of its boards, committees, commissions or officials, or upon any other person the right to appeal or judicial review in any form the determination of project eligibility by the subsidizing agency, it being intended that the rights of appeal conferred by sections 21 and 22 of this chapter shall be the exclusive remedy for any party aggrieved by the issuance or denial of any comprehensive permit hereunder.
(viii) If project funding is provided through a non-governmental entity, a public or quasi-public entity authorized by the department shall make the determination of project eligibility. The designated entity that issued the project eligibility determination shall administer the project thereafter as specified in program guidelines issued by the department.
(3) A showing that the applicant, or any entity 50 percent or more of which is owned by the applicant, owns a 50 percent or greater interest, legal or equitable, in the proposed site, or holds any option or contract to purchase the proposed site, shall be considered by the board or the housing appeals committee to be conclusive evidence of the applicant’s interest in the site.
(4) No determination of project eligibility shall be issued for a project sooner than 45 days after the filing of its application with the subsidizing agency for preliminary approval of the project. A determination of project eligibility shall be for a particular financing program or programs. An applicant may proceed under alternative financing programs if the application to the board or appeal to the committee so indicates and if full information concerning the project under the alternative financing arrangements is provided.
(5) Failure of the applicant to fulfill any of the requirements in this section may be raised by the housing appeals committee, the board, or a party at any time, and shall be cause for dismissal of the application or appeal. No application or appeal shall be dismissed, however, unless the applicant has had at least 60 days to remedy the failure.
(b) Local Action Prerequisite to Appeal.
In order to appeal to the committee, an applicant shall have applied to the board for a comprehensive permit in accordance with section 21 of this chapter and shall have been denied such permit or shall have been granted such permit with conditions which it alleges make the building or operation of such housing uneconomic.
(c) Local progress toward affordable housing threshold.
(1) Affordable housing thresholds. A city or town may record progress towards its affordable housing threshold as documented in the subsidized housing inventory in the following manner:
i. Rental Housing Units: (a) If at least 25 percent of housing units within a development are restricted to serve low or moderate-income households, 100 percent of housing units within the development shall be eligible to be included toward the city or town’s affordable housing threshold. If fewer than 25 percent of housing units within a development are restricted to serve low or moderate-income households, only those units which serve low or moderate-income households shall be eligible to be included toward the city or town’s affordable housing threshold or (b) if at least 20 percent of housing units within a development are restricted to serve households with household income at or below 50 percent of area median income, 100 percent of housing units within the development shall be eligible to be included toward the city or town’s affordable housing threshold. If fewer than 25 percent of housing units within a development are restricted to serve low or moderate-income households, only such restricted units shall be eligible to be included toward the city or town’s affordable housing threshold;
ii. Homeownership Units: (a) if at least 25 percent of housing units within a development are restricted to serve low or moderate-income households, 2 times the actual number of such restricted units, not to exceed the total number of homeownership units authorized by the permit, shall be eligible to be included toward the city or town’s affordable housing threshold or (b) if at least 20 percent of housing units within a development serve households earning at or below 50 percent of area median income, 2 times the actual number of units serving such households, not to exceed the total number of homeownership units authorized by the permit shall be included toward the city or town’s affordable housing threshold. If fewer than 25 percent of housing units within a development are restricted to serve low or moderate-income households, only such units which are restricted to serve low or moderate-income households shall be eligible to be included toward the city or town’s affordable housing threshold;
iii. Community Preservation Act Housing Units: any community housing, as defined in chapter 44B which is restricted to occupancy by persons of low or moderate income households, provided further, that such housing payment exclusive of utilities shall not exceed 30 percent of monthly income of a household at or below 80 percent of area median income, adjusted for household size, shall be eligible to be included toward the city or town’s affordable housing threshold;
iv. Accessory Apartment Units: any accessory apartment which is approved pursuant to a city or town’s ordinance or bylaw and is occupied by persons of low or moderate income, provided further that such rental payment exclusive of utilities shall not exceed 30 percent of monthly income of a household earning at or below 80 percent of area median income, adjusted for household size, shall be eligible to be included toward the city or town’s affordable housing threshold. Each such accessory apartment unit shall be subject to a use restriction, which may be revocable upon the sale of the principal residence. Each city or town shall certify annually the number of such accessory apartments within its borders;
v. Group Home Units: all group home units in each city or town as reported annually by the department of mental health and the department of mental retardation to the department shall be eligible to be included toward the city or town’s affordable housing threshold;
vi. Local Housing Units: housing units created under a local program or subsidy or which qualify as local initiative units pursuant to regulations promulgated by the department and restricted to serve low or moderate income households as defined in this chapter shall be eligible to be included toward the city or town’s affordable housing threshold as documented on the subsidized housing inventory; and
vii. Urban Center Housing Tax Increment Financing Units: low or moderate income housing created pursuant to section 60 of chapter 40 provided further, that such housing payment exclusive of utilities shall not exceed 30 percent of monthly household income of a household earning at or below 80 percent of area median income shall be eligible to be included toward the city or town’s affordable housing threshold.
viii. Expiring Use Units: In instances where housing units were developed to serve low or moderate income households and the use restriction has expired as a result of refinancing or operation of law or otherwise, the department shall have the discretion to count such units pursuant to guidelines promulgated by the department toward a city or town’s affordable housing threshold as recorded in the subsidized housing inventory.
ix. Manufactured Housing: 50% of year round units of manufactured housing as defined by section 32Q of chapter 140, shall be eligible to be included toward a city’s or town’s affordable housing threshold.
(d) Subsidized Housing Inventory.
The department shall maintain an inventory of low or moderate income housing units. Such inventory shall be published biennially, provided further that such inventory shall be updated for a specific city or town upon request by such city or town. Housing units authorized by a comprehensive permit or special permit shall be eligible to be included toward a city or town’s affordable housing threshold as recorded on the subsidized housing inventory when the comprehensive permit or special permit becomes final, provided that housing units for which building permits have not been issued within 1 year of the date when the comprehensive permit or special permit became final shall no longer be eligible to be counted toward the city or town’s affordable housing threshold until the building permits have been issued. The department may for good cause waive such time requirement. Low or moderate income housing units not authorized pursuant to a comprehensive permit or special permit shall be eligible to be counted toward the city or town’s affordable housing threshold when a building or occupancy permit is issued.
SECTION . Said chapter is hereby further amended by inserting after section 20, the following section:—
Section 20C. The Massachusetts Housing Partnership Fund board, as established by section 35 of chapter 405 of the acts of 1985, or its designee, shall make technical assistance available to local zoning boards of appeal to assist in their review of applications for comprehensive permits. No subsidizing agency shall issue a determination of project eligibility or site approval unless a fee to defray the costs of such technical assistance program has been collected from the applicant and remitted to the Massachusetts Housing Partnership Fund board in accordance with a fee schedule adopted by the department.
SECTION . Said chapter is hereby further amended by inserting after section 20, the following section:—
Section 20D. The department shall promulgate regulations and establish programs, policies, guidelines and necessary fee schedules to implement sections 20 to 23, inclusive, of this chapter. The department shall make available planning and housing development information and technical assistance to assist cities and towns in reaching their affordable housing threshold as defined in this chapter.
SECTION . Section 23 of said chapter 40B, as so appearing, is hereby amended by inserting after the first sentence the following sentence:—
The committee shall receive evidence of and shall consider the following matters: (1) a city or town’s master plan, comprehensive plan or community development plan, and (2) the results of the city or town’s efforts to implement such plans.
SECTION . Notwithstanding any general or special law to the contrary, no application for a comprehensive permit filed pursuant to sections 20 through 23 of chapter 40B before the effective date of this act shall be denied as a result of changes to the General Laws pursuant to this act.

CLERK NUMBER: 20
Ms. Balser of Newton moves that the bill be amended by adding at the end thereof the following section:
"SECTION _____. (a) Chapter 175 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after section 120E the following new section:
Section 120F. No company, and no officer or agent thereof, shall make or permit any distinction, classification, discrimination, or otherwise recognize any difference in life expectancy, on the basis of race, color, religion, sex, marital status, or national origin, in the amount or payment of premiums or rate charges, or in the benefits payable, or in any of the other terms or conditions of any group or individual annuity or pure endowment contract issued or delivered within or without the commonwealth which covers one or more residents of the commonwealth. Any violation of this section shall constitute an unfair method of competition or an unfair or deceptive act or practice in violation of chapter 176D.
(b) Section 132B of chapter 175 of the General Laws, as so appearing, is hereby amended by striking, in line 25, the word “sex,”.
(c) Paragraph (h) of subdivision 6A of section 144 of said chapter 175, as so appearing, is hereby amended by striking out, in lines 250 to 253, inclusive, the words “(i) the Commissioner 1980 Standard Ordinary Mortality Table of (ii) at the election of the company for any one or more specified plans of life insurance, the Commissioners 1980 Standard Ordinary Mortality Table with Ten-Year Select Mortality Factors” and inserting in place thereof the following words:– a current applicable gender-neutral mortality table adopted by the National Association of Insurance Commissioners that is approved by regulation promulgated by the commissioner as a recognized table for use in determining the minimum nonforfeiture standard.
(d) Said paragraph (h) of said subdivision 6A of said section 144 of said chapter 175, as so appearing, is hereby amended by striking out, in line 273, the words “Commissioners 1980 Extended Term Insurance Table”, and inserting in place thereof the following words:– a current applicable gender-neutral mortality table adopted by the National Association of Insurance Commissioners that is approved by regulation promulgated by the commissioner as a recognized table for use in determining the minimum nonforfeiture standard.
(e) Said paragraph (h) of subdivision 6A of said section 144 of said chapter 175, as so appearing, is hereby amended by striking out subparagraph (6) and inserting in place thereof the following subparagraph:–
(6) A company may, after notice to the commissioner, substitute a gender blended mortality table that is approved by regulation promulgated by the commissioner as a recognized table for use in determining the minimum nonforfeiture standard as an alternative to the use of a gender-neutral mortality table.
CLERK NUMBER: 21
Ms. Balser of Newton moves that the bill be amended by adding at the end thereof the following section:
"SECTION _____. (a) Chapter 175 of the General Laws is hereby amended by striking out section 24A, as appearing in the 1998 Official Edition, and inserting in place thereof the following section:—
Section 24A. (A) As used in this section, the following words shall have the following meanings unless the context otherwise requires:
“Insurer”, any company as defined in section 1; any fraternal benefit society as defined in section 1 of chapter 176 of the General Laws; any hospital service corporation as defined in section 1 of chapter 176A of the General Laws; any medical service plan as defined in section 1 of chapter 176B of the General Laws; any non-profit medical service plan as defined in section 1 of chapter 176C of the General Laws; any dental service corporation as defined in section 1 of chapter 176E of the General Laws; any optometric service corporation as defined in section 1 of chapter 176F of the General Laws; any health maintenance organization as defined in section 1 of chapter 176G of the General Laws; any insured legal services plan as defined in section 1 of chapter 176H of the General Laws; and, any savings and insurance bank as defined in section 1 of chapter 178A of the General Laws.
“Policy”, any insurance contract, policy or plan.
“Joined insurance/savings plan”, any policy explicitly comprising a separate investment or savings component or mortality or morbidity component.
“Renewed by agreement”, an existing policy under which the premiums are subject to change, either by the insurer or by the insured, by an amount not predetermined by the policy, whether or not the change provides an opportunity for the insurer to refuse to continue coverage; provided, however, that any joined insurance savings plan shall be considered to be “renewed by agreement” when the schedule of charges for the mortality or morbidity component of the plan changes, whether or not overall premium for the joined insurance savings plan changes.
As used in this section, sex includes, but is not limited to, conditions unique to one sex, such as pregnancy.
(B)(1) Notwithstanding the provisions of section 120 of this chapter, or subsection 7 of section 3 chapter 176D of the General Laws, or any other general or special law to the contrary, no policy subject to this section shall be based on or use any table, whether for mortality, life expectancy, morbidity, liability, disability, termination or losses, or any other statistical compilation as a basis for any action which classified residents of the commonwealth into separate classes on the basis of race, color, religion, sex, marital status, or national origin.
(2) Notwithstanding the provisions of section 120 of this chapter, or subsection 7 of section 3 chapter 176D of the General Laws, or any other general or special law to the contrary, no policy subject to this section shall, on the basis of race, color, religion, sex, marital status, or national origin, treat any covered person or applicant for coverage, who is a resident of the commonwealth differently than it treats any other such person, with respect to the availability, term, conditions, rates, benefits or requirements of any such policy delivered or issued for delivery within or without the commonwealth which covers one or more residents of the commonwealth.
(C)(1) This section shall apply to any policy offered by an insurer which covers one or more residents of the commonwealth and which is delivered or issued for delivery or renewed by agreement within or without the commonwealth on or after June 1, 2002.
(2) This section shall apply to all changes made on or after June 1, 2002 by an insurer in payments, in the amount of insurance coverage, in premiums or in benefits under the existing insurance policies, the dollar amount of which is not calculable from the terms of the original insurance policy.
(3) Nothing in this section shall be construed to prohibit the use of any blended table approved pursuant to 211 CMR 32.00.
(4) Nothing in this section shall be construed to prohibit an insurer from issuing a family policy.
(5) Nothing in this section shall be deemed to prevent an insurer which regularly provides an insurance coverage solely to persons of a single religious affiliation from continuing to provide insurance solely to persons of such religious affiliation.
(6) This section shall not apply to any retirement benefits derived from contributions made prior to July 6, 1983 to plans governed by Title VII of the Civil Rights Act of 1964.
(b) Paragraph (C) of subdivision 6 of section 144 of said chapter 175, as so appearing, is hereby amended by adding the following sentence:— To the extent computations made pursuant to this subdivision would violate section 24A, computations shall be made on the basis of mortality tables referred to in subparagraph (6) of paragraph (H) of subdivision 6A.
(c) Said section 144 of said chapter 175, as so appearing, is hereby amended by striking out in lines 278 and 279, the words “Any ordinary mortality tables, adopted after 1980 by the National Association of Insurance Commissioners” and inserting in place thereof the following words:— Other mortality tables to be used for the purpose of implementing section 24A.

CLERK NUMBER: 22

Mr. Donelan Of Orange And Mr. Kulik Of Worthington move that the bill be amended in section 2, in item 8910-0188, by striking out the figures “$500,000” and inserting in place thereof the figures “$100,000”; and in item 0411-1000, by striking out the figures “$5,135,418” and inserting in place thereof the figures “4,735,418”.

CLERK NUMBER: 23
Mr. Donelan Of Orange moves that the bill be amended in section 2, in item 4512-0200, by adding at the end thereof the following:

“provided further that not less than $175,000 be appropriated for Beacon Recovery for programming at the Orange Recovery House”.

CLERK NUMBER: 24
Mr. Donelan Of Orange And Mr. Kulik Of Worthington move that the bill be amended in section 2, in item 4800-1400, by adding at the end thereof the following:

“provided that not less than $95,000 be appropriated for the New England Learning Center for Women in Transition Survivor's Project in Berkshire, Hampden, Franklin, and Hampshire Counties”.

CLERK NUMBER: 25

Mr. Kane of Holyoke moves that the bill be amended in section 2, in item 7003-0701, by adding at the end thereof the following:

“provider further that not less than $150,000 shall be expended for the support of programs operated by a Farm Workers' Council serving low income persons and the Hispanic community of Hampden county”.

CLERK NUMBER: 26

Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by striking section 5.

CLERK NUMBER: 27

Mr. Spellane Of Worcester move that the bill be amended in section 2 by inserting after item 7116-0101 the following item:
“7116-0102. That not less than $250,000 shall be expended for improvements and expansion to Rockwood Field located at Worcester State College”.

CLERK NUMBER: 28

Mr. Pedone of Worcester, Mr. Binienda of Worcester and Mr. Patrick of Falmouth move that the bill be amended by inserting at the end:
“The building superintendent is directed to issue ‘access cards’ to any member or employee of the general court or any member or employee of the administration who so requests, allowing access to the third floor of the State House in elevator number 12.”

CLERK NUMBER: 29

Mr. Spellane Of Worcester move that the bill be amended in section 2, in item 4800-0038, by adding at the end thereof the following:

“ and provided further that not less than $125,000 shall be expended for the YMCA Spartacus Program in Worcester”.

CLERK NUMBER: 30

Mr. Spellane Of Worcester move that the bill be amended in section 2, in item 4406-3000, by adding at the end thereof the following:

“and provided further that not less than $97,500 shall be expended for the Central Massachusetts Housing Alliance Inc. Donations Clearinghouse Program”.

CLERK NUMBER: 31

Mr. Spellane Of Worcester move that the bill be amended by adding at the end thereof the following section(s):

Section 38G of chapter 71 of the General Laws is hereby amended in line 67 by striking subsection (2) and inserting in place thereof the following: "(2) achieve a level of performance determined by the board on the "PRAXIS II" published by the Educational Testing Service."

CLERK NUMBER: 32

Mr. Spellane Of Worcester and Mr. Evangelidis Of Holden move that the bill be amended by adding at the end thereof the following section(s):

Section 16B of Chapter 71 of the General Laws as appearing in the 2000 Official Edition is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:
The members of a regional school district, excluding vocational regional school districts, may elect to reallocate the sum of their required local contributions to the district in accordance with the regional agreement, but the total sum of their required contributions shall not be decreased. Election shall be by approval of all members of a 2 member district, by at least two-thirds of the members of a 3 member district, by at least three-fourths of the members of a 4 member district and by at least four-fifths of the members of a 5 or more member district. Approval of a member shall be given by majority vote at an annual or special town meeting in the case of a town, or by majority vote of the council in the case of a city. The commissioner of education shall be notified upon the adoption of this paragraph by the district. Nothing in this section shall be construed to affect the calculation of the members’ required local contributions for any succeeding year as provided by chapter 70. Once this section is adopted by a district, it will be effective until the adoption is revoked under this paragraph. The revocation of the adoption of this paragraph shall be by approval of all members of a 2 member district, by at least two-thirds of the members of a 3 member district, by at least three-fourths of the members of a 4 member district and by at least four-fifths of the members of a 5 or more member district. Approval of the revocation by a member shall be given by majority vote at an annual or special town meeting, in the case of a town, or by a majority vote of the council, in the case of a city. The commissioner of education shall be notified of any revocation of an adoption of this paragraph by a district.

CLERK NUMBER: 33

Mr. Spellane Of Worcester move that the bill be amended in section 2, in item 2820-0100, by adding at the end thereof the following:

“and provided further that not less than $100,000 be expended for the Park Avenue Fire Barn in Worcester”.

CLERK NUMBER: 34

Thomas M. Stanley of Waltham moves that the bill be amended in section 2, in item 5930-1000, in line 24, by inserting after “2005” the following: “provided further, that the Fernald Developmental Center shall not be closed prior to October 2005 to ensure adequate community, client, and family member input into the closure planning process;”

CLERK NUMBER: 35

Mr. Spellane Of Worcester move that the bill be amended in section 2, in item 7004-0099, by adding at the end thereof the following:

“and provided further that not less than $100,000 shall be expended for the Pleasant Street Neighborhood Network Center in Worcester”.

CLERK NUMBER: 36
Mr. Vallee Of Franklin moves that the bill be amended by adding at the end thereof the following section(s):

Chapter 266 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by deleting section 143 in its entirety and inserting in place thereof the following:
Chapter 266: Section 143 Definitions applicable to sections 143A to 143L
Section 143. As used in sections one hundred and forty-three A to one hundred and forty-three E, inclusive, the following words shall have the following meanings:
"Article" or "recorded device", the tangible medium upon which sounds or images are recorded or otherwise stored, and shall include any original phonograph record, disc, wire, tape, audio or video cassette, film or other medium now known or later developed on which sounds or images may be recorded or otherwise stored, or any copy or reproduction which duplicatess, in whole or in part, the original.
"Audiovisual recording function", the capability of a device to record or transmit a motion picture or any part thereof by means of any technology now known or later developed.
"Motion picture theater", movie theater, screening room, or other venue when used primarily for the exhibition of a motion picture.
"Owner", the person or other entity who owns a master phonograph record, master disc, master tape, master film or other device used for reproducing recorded sounds on a phonograph record, disc, tape, film, videocassette or other article on which sound is recorded, and from which the transferred recorded sounds are directly or indirectly derived; provided, however, that nothing contained in sections one hundred and forty three to one hundred forty three E, inclusive, shall be construed to apply to any person lawfully entitled to use or cause to be used such sound for profit through public performance, who transfers or causes to be transferred any such sound as part of a radio or television broadcast or for archival preservation.
SECTION 2. Chapter 266 of the General Laws, as so appearing, is hereby further amended by inserting after section 143E the following:-
Section 143F. Unlawful recording of a motion picture. Any person, in a motion picture theater while a motion picture is being exhibited, who knowingly operates an audiovisual recording function of a device WITH THE INTENT TO RECORD, without the consent of the owner or lessee of the motion picutre theater shall be guilty of criminal use of real property and shall be punished in section 1431.
Section 143G. Immunity of the real property owner. The owner or lessee of a motion picture theater, or the authorized agent or employee, who alerts law enforcement authorities of an alleged violation of this section shall not be liable in any civil action arising out of measures taken by such owner, lessee, agent or employee in the course of subsequently detaining a person that the owner, lessee, agent or employee in good faith believed to have violated this section while awaiting the arrival of law enforcement authorities, unless the plaintiff can show by clear and convincing evidence that such measures were manifestly unreasonalbe or the period of detention was unreasonably long.
Section 143H. Immunity of law enforcement personnel. This section does not prevent any lawfully authorized investigative, law enforcement protective, or intelligence gathering employee or agent, of the state or federal government, from operating any audiovisual recording device in a motion picture theater where a motion picture is being exhibited, as part of lawfully authorized investigative, protective, law enforcement or intelligence gathering activities.
Section 143I. Violation of section143F; punishment. A person who violates the provisions of section one hundred and forty-three F through one hundred and forty-three G, inclusive, shall be punished as follows: (i) upon a first offense, by imprisonment for not more than two years, or by a fine of not more than one hundred thousand dollars, or both such fine and imprisonment. (ii) Upon a second or subsequent offense by imprisonment for not more than five years, or by a fine of not more than two hundred and fifty thousand dollars, or both such fine and imprisonment.
Section 143J. Nothing in this section prevents prosecution under any other provision of law.
Section 143K. If any section within this chapter is declared to be unconstitutional, invalid or inoperative in whole or in part, by a court of competent jurisdiction, such section shall, to the extent that it is not unconstitutional, invalid or inoperative, be enforced and effectuated, and no such determination shall be deemed to invalidate or make ineffectual the remaining sections of this chapter.

CLERK NUMBER: 37

Mr. Costello Of Newburyport moves that the bill be amended in section 2, in item 8000-0010, by adding at the end thereof the following:

“provided further, that not less than $80,000 shall be expended for Community Policing in the City of Newburyport”.

CLERK NUMBER: 38

Mr. Costello Of Newburyport moves that the bill be amended in section 2, in item 7007-0950, by adding at the end thereof the following:

“provided further, that not less than $25,000 shall be expended for the economic development project at the Salisbury Chamber of Commerce”.

CLERK NUMBER: 39

Representative Linsky Of Natick move that the bill be amended by adding at the end thereof the following section(s):

Section 38 of Chapter 59 of the General Laws is hereby amended by deleting the section in its entirety and replaced with the following:
Section _. The assessors of each city and town shall at the time appointed therefor make a fair cash valuation of all the estate, real and personal, subject to taxation therein, and such determination shall be the assessed valuation of such estate. In determining the fair cash valuation, the assessors shall consider any restrictions to the use of the property which have been recorded with the deed to the property. In cities, the assessors may, in any year, divide the city into convenient assessment districts.
The assessed valuation of real property subject to taxation under this chapter shall be classified as follows:
Class one, residential;
Class two, open;
Class three, commercial; and
Class four, industrial.
The resulting amount shall be the taxable valuation of each class of property to which the assessors shall apply the tax rates applicable to each class as determined under section twenty-three A of chapter fifty-nine of the city or town, to determine the tax due and payable on such property.

CLERK NUMBER: 40

Mr. Hynes of Marshfield, Mr. Kulik of Worthington, and Ms. Blumer of Framingham move that the bill be amended by striking out section 5 and inserting in place thereof the following section:
“SECTION 5. Section 35 of chapter 10 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended in the second paragraph by striking out clause (c) in its entirety and inserting in place thereof the following clause:-
(c) For fiscal year two thousand and six, the lottery distribution to cities and towns of the balance of the State Lottery Fund shall be the sum of six hundred sixty-one million, three hundred seventy-eight thousand and one hundred sixty-two dollars, any increase in proceeds for that fiscal year, and one-fifth of the difference between the amount distributed to cities and towns in fiscal year two thousand and five and actual lottery proceeds for that fiscal year;
provided, that for fiscal years between two thousand and six and two thousand and eleven, the lottery distribution to cities and towns of the balance of the State Lottery Fund shall be the sum of the amount distributed in the prior fiscal year, any increase in lottery proceeds for that year, and one-fifth of the difference between the amount distributed to cities and towns in fiscal year two thousand and five and actual lottery proceeds for that fiscal year;
provided further, that for fiscal years including and following fiscal year two thousand and eleven, the lottery distribution to cities and towns of the balance of the State Lottery Fund shall be the sum of the amount distributed in the prior fiscal year and any increase in lottery proceeds for that year.”

CLERK NUMBER: 0041
Representative Linsky Of Natick move that the bill be amended by adding at the end thereof the following section(s):

Section 13 of chapter 32 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out subdivision (2) and inserting in place thereof the following subdivision:—
(2) Settlement of Small Allowances in One Sum.—
(a) Any member otherwise entitled to receive a retirement allowance under the provisions of sections 1 to 28, inclusive, the normal yearly amount of which would be less than $1440, shall, in lieu of receiving such allowance, be paid the amount of his accumulated total deductions as of the date such allowance would otherwise become effective.
(b) Any member otherwise entitled to receive a retirement allowance under the provisions of sections 1 to 28, inclusive, the normal yearly amount of which would be less than $2400 but not less than $1440, shall, in lieu of receiving such allowance, be paid the amount of his accumulated total deductions as of the date such allowance would otherwise become effective if his written request therefore as provided for in subdivision (1) of section 11 is filed with the board on a prescribed form prior to the date the first payment of such allowance would otherwise become due.
(c) Nothing herein shall entitle any member who is paid the amount of his accumulated total deductions under the provisions of this subdivision to remain in service.

CLERK NUMBER: 0042
Representative Linsky Of Natick move that the bill be amended by adding at the end thereof the following section(s):

Paragraph (g) of subdivision (2) of section 3 of Chapter 32 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by inserting after the word “more”, in line 337, the words:— , assistant attorney general for criminal matters which shall include individuals whose primary responsibility is the prosecution of criminal matters on behalf of the attorney general, as so certified by the attorney general.

CLERK NUMBER: 43
Mr. Linsky Of Natick move that the bill be amended by adding at the end thereof the following section(s):

SECTION _. Section 29 of chapter 151A of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out the words “the Social Security Act or”.
SECTION _. Paragraph (6) of subsection (d) of said section 29 of said chapter 151A, as so appearing, is hereby amended by adding the following sentence:— Payments receiving under the Social Security Act shall not be subject to the provisions of this paragraph.

CLERK NUMBER: 44
Mr. Linsky Of Natick move that the bill be amended by adding at the end thereof the following section(s):

Section 14 of Chapter 183A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the section in its entirety and replacing it with the following:
Section _:
Each unit and its interest in the common areas and facilities shall be considered an individual parcel of real estate for the assessment and collection of real estate taxes. Except as provided in section 127B of chapter 111, betterment assessments or portions thereof, annual sewer use charges, water rates and charges and all other assessments, or portions thereof, rates and charges of every nature due to a city, town or district with respect to the condominium or any part thereof, other than real estate taxes, may be charged or assessed to the organization or unit owners; provided, however, that any lien of the city, town or district provided by law therefore shall attach to the units in proportion to the percentages, set forth in the master deed on record, of the undivided interests of the respective units in the common areas and facilities.

CLERK NUMBER: 45

Mr. George of Yarmouth Port moves that the bill be amended by adding at the end thereof the following section:

“Subsection 31(c1/2) of chapter 118E of the General Laws is hereby amended by adding at the end thereof the following words:-
There shall be exempt from the effects of this subsection the first $500,000 of the estate of any individual who has received benefits from the Commonwealth of Massachusetts MassHealth program.”

CLERK NUMBER: 46

Mr. Bradley of Hingham moves that the bill be amended in section 20 of Chapter 90, as so appearing, is hereby amended by striking out the second and third sentences of the fourth paragraph and inserting in it’s place the following sentence:-
The surcharge shall be transferred by the registry of motor vehicles to the state treasurer for deposit into the Head Injury Treatment Services Fund.

CLERK NUMBER: 47

Bradley Of Hingham move that the bill be amended in section 91, by striking out the words “2003” and inserting in place thereof the words “2004”.

CLERK NUMBER: 48

Bradley Of Hingham move that the bill be amended by adding at the end thereof the following section(s):

Section ___ Notwithstanding any provisions of chapter 32 or any other general or special law or rule or regulation to the contrary, the state board of retirement is hereby authorized and directed to credit Michael P. Boyle and James P. Costello with service they rendered as members of the staff of the joint labor management committee from January, 1980 to August, 1987 inclusive, for the purpose of determining their superannuation retirement allowance pursuant to the provisions of paragraph (a) of subdivision (2) of section 5 of said chapter 32. Eligibility for said creditable service shall be conditioned upon payment into the Annuity Savings Fund of the state employees retirement system of an amount equal to the contributions they would have otherwise paid into the retirement system for said period of service based upon the salary each received for said period together with regular interest thereon. Such payments shall be made in one sum or installments as the state board of retirement shall prescribe.

CLERK NUMBER: 49
Bradley Of Hingham move that the bill be amended by adding at the end thereof the following section(s):

SECTION ___. Notwithstanding clause 41A of section 5 of chapter 59 of the General Laws the town of Cohasset may, by vote of town meeting prior to the start of any fiscal year of the town after the effective date of this act as specified in section 3 hereof, adopt for such fiscal year a higher maximum qualifying gross receipts amounts for purposes of qualifying seniors for the exemption contained in said clause 41A of section 5 of chapter 59; provided however, such maximum gross qualifying receipts amount shall not exceed fifty thousand dollars in the first fiscal year to which this act applies as set forth in section 3 hereof. An amount equal to fifty thousand dollars plus the cumulative increase in the consumer price index as issued by the United States Department of Labor, Boston Metropolitan Area, all Urban Consumers, calculated using calendar year 2004 as the base year, may be adopted by the town in accordance with this section, for the town’s fiscal year 2006 beginning July 1, 2005 and ending June 30, 2006 and similarly in subsequent fiscal years.
SECTION ___. Notwithstanding clause 41A of section 5 of chapter 59 of the General Laws, the rate of interest to be charged persons with unpaid taxes by reason of the use of said clause 41A shall be variable interest rate set once a year annually, not later than August 1 of each year, by majority vote of the board of selectmen of the town of Cohasset; provided however, such rate shall not be lower than the average prime rate charged by the 3 leading banks doing business in the Boston metropolitan area nor higher than the 8% rate set forth in said clause 41A.
SECTION ___. Section 1 of this act shall take effect upon passage and shall apply first on July 1 of the fiscal year of the town of Cohasset first occurring after the effective date of this act; section 2 of this act shall take effect upon passage as to interest calculations from the effective date going forward until the taxes are paid accordance with clause 41A of section 5 of chapter 59 of the General Laws to any taxpayer applicable to the period of time prior to the effective date of this act shall not be reduced or altered in any way section 2 of this act.

CLERK NUMBER: 50
Bradley Of Hingham move that the bill be amended by adding at the end thereof the following section(s):

SECTION ___ The Town of Hingham is hereby authorized to issue, at one time or from time to time, bonds or notes for the purpose of funding the unfounded pension liability, so-called, of the retirement system of said town. The proceeds of any such issuance shall be transferred by said town to said retirement system. The term of any such bond or note shall not exceed 30 years from the date of issuance and the amount of any such bond or note shall be considered as outside the limit of indebtedness prescribed in section 10 of chapter 44 of the General Laws. No such bonds or notes shall be issued without the approval of the Board of Selectmen of a loan order by a two-thirds vote upon a recommendation of the Town of Hingham’s Finance Director, Town Accountant. After the Board of Selectmen has approved the loan order, the Finance Director, Town Accountant of the Town of Hingham shall submit said order and a plan demonstrating how the town will finance and allocate the debt service associated with said bonds or notes to the executive office for administration and finance, and no bonds or notes authorized by the act shall be issued until the secretary for administration and finance has approved said plan. Except as otherwise provided herein such bonds or notes shall be subject to the provisions of said chapter 44.
SECTION ___ The aggregate principal amount of the bonds or notes issued from time to time under authority hereof shall not be greater than the amount sufficient to extinguish the unfunded pension liability of the retirement system of the Town of Hingham and the amount necessary to provide for the payment of costs of preparing, issuing and marketing such bonds or notes and for the payment of all other expenses incidental or related thereto. The retirement board of said town shall first determine the amount sufficient to extinguish the unfunded pension liability of the retirement system of said town in accordance with the report of a nationally recognized independent consulting firm, or by the consulting actuary generally retained by said retirement board. The public employee retirement administration commission shall receive a copy of the report and shall approve the unfunded pension liability amount. Such report shall also set forth the present value savings to the town reasonably expected to be achieved as a result of the issuance of such bonds or notes and shall be transmitted to the Board of Selectmen prior to final passage of any order authorizing the issuance of bonds or notes hereunder. In making the initial recommendation to the Board of Selectmen to adopt a loan order authorizing the issuance of bonds or notes under authority of this act the Finance Director, Town Accountant of said town shall indicate his approval of the aggregate principal amount of the bonds or notes as determined by said retirement board.
SECTION ____. The maturities of such bonds or notes shall be scheduled such that the annual combined payments of principal and interest for each issue shall be as nearly equal as practicable in the opinion of the Finance Director, Town Accountant provided, however, that the maturities of such bonds or notes may be scheduled so as to provide a more rapid amortization of principal.
SECTION _____. This act shall take effect upon its passage.