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Floor Number: 301 Clerk Number: 181
FIRE ALARM DIVISION
Mr. Hart of Boston moves to amend the bill by inserting, after Section_____, the following new Section: -
"SECTION_____. Section 3 of Chapter 32 is hereby amended by adding the words "members of the fire alarm division" after the words assistant fire control men as appearing in line 267 of the 2002 Official Edition."
Floor Number: 302 Clerk Number: 245
EMPLOYEES CLASSIFIED IN GROUP 4
Mr.
Hart moves to amend the bill by inserting, after Section ______, the following
new Section:-
"SECTION______. Chapter 32 of the General Laws, as appearing
in the 2002 Official Edition, is hereby amended by inserting in section 3 (g)
in line 293 after the word "supervisor" the following new words:- "associate
probation officers, probation officer, assistant chief probation officer, probation
officer-in-charge and day reporting center probation officer, first assistant
chief probation officer, chief probation officer, court officer I, court officer
II, assistant and chief court officer and court officer-in-charge."
Floor Number: 303 Clerk Number: 303
Teacher Retirement Creditable Service
Mr. Havern moves to amend the bill, by inserting at the end thereof the following new section: -
"SECTION_____. Notwithstanding the provisions of paragraph (g ½) of subdivision (1) of section 4 of chapter 32 of the General Laws or any other general or special law to the contrary, in order to avoid extreme hardship to Sonia Zapolin, the teacher's retirement system is hereby authorized and directed to allow Sonia Zapolin, upon the payment of the appropriate retirement contribution, four years of creditable service for maternity leave commencing in 1964 under the provisions of said paragraph (g ½) of said subdivision (1) of said section 4 of chapter 32."
Floor Number: 304 Clerk Number: 337
COLA STUDY
Mr.
Tolman moves to amend the bill by inserting, after Section 362, the following
new Section:-
"SECTION 363. The Public Employee Retirement Administration
Commission in consultation with the state and state teacher's retirement boards,
is hereby authorized and directed to analyze, study, and evaluate the costs and
actuarial liabilities attributable to increasing the base to which cost of living
adjustments are applied under Section 102 of Chapter 32 of the General Laws. The
study shall include the cost and actuarial liability associated in increasing
the base from 12,000 to 22,000 incrementally by the thousand. In order to effectuate
the funding for the change in the base, the commission shall prepare supplemental
pension funding schedules which shall be designed to reduce the actuarial unfunded
liability, attributable to the increased COLA base, to zero on or before June
30, two thousand and twenty-eight and shall provide two alternative schedules
providing the option of reducing said unfunded liabilities to zero by June 30,
two thousand and thirty-four and June 30, two-thousand thirty-eight, respectively;
provided that in preparing such schedules, the commission shall consider the actuarial
value and the market value of the system's assets and liabilities, the long term
investment rate of return on the systems assets and the system's unfunded actuarial
liability. The commission shall file said study together with its recommendations
and proposed funding schedule to the House and Senate Committees on Ways and Means,
along with the Joint Committee on Public Service on or before December 31, 2005.
In addition, the commission shall provide assistance in developing funding schedules
for the purpose of increasing the COLA base to city, town, county, regional, district
and authority retirement systems at the request of the appropriate retirement
board."
Floor Number: 305 Clerk Number: 368
RETIREMENT BENEFITS OF EMTs
Mr.
Tolman moves to amend the bill by inserting, after Section 362, the following
new Section:-
"SECTION 363. Section 3 of chapter 32 of the General Laws,
as appearing in the 2000 Official Edition, is hereby amended by inserting after
the word "section", in line 307, the following words:- ; uniformed employees
of a municipal or public emergency medical service who are certified at any level
as emergency medical technicians by the department of public health, if they are
members of the state retirement system, or, upon acceptance of this classification
in the same manner as in subsection (a) of section 103, if they are members of
any system other than the state employees' retirement system and the teacher's
retirement system."
Floor Number: 306 Clerk Number: 442
Withdrawn
Floor Number: 307 Clerk Number: 520
LATE RETIREMENTPLUS APPLICATIONS: TECHNICAL CORRECTION
Mr. Barrios and Ms. Chandler move
to amend the bill (S. 2400) by inserting after section 100 the following section:-
"SECTION
100A. Chapter 32 of the General Laws, as appearing in the 2002 Official Edition,
is amended in subsection (4)(i) of section 5 by adding after the fifth sentence
in line 248 the following sentence:-
Any member who, prior to July 1, 2001,
filed an election form with the payroll, business, or other appropriate officer
of the city, town, or school district, authorizing deductions of 11% pursuant
to the alternative superannuation retirement benefit program, shall be deemed
to have made an election for the purpose of this section."
Floor Number: 308 Clerk Number: 546
SABBATICAL LEAVES
Mr.
Joyce and Mr. Rosenberg move to amend the bill by inserting, after Section ____,
the following new Section:-
SECTION __. Section 1 of Chapter 32 of the General
Laws, as appearing in the 2002 Official Edition, is hereby amended by adding after
line 470 the following definition: --
"Sabbatical Leave", leave
which the applicable public college or university has determined will contribute
to the development of the faculty member or professional employee in the areas
of teaching, research, creative or scholarly activity, or professional service
capability, and hence will contribute to the institution as a whole upon the return
to the institution for at least one year following the academic year in which
said leave takes place.
SECTION 2. Subdivision (1) of section 4 of Chapter
32, as so appearing, is hereby amended by adding after line 355 the following:
--
(s) Credible service in the case of any member who retires on or after
the effective date of this act shall include the period of any sabbatical leave
awarded at a public institution of higher education to a faculty member or professional
employee regardless of whether the sabbatical leave is granted with full or partial
compensation, provided, however, that such credible service shall be granted at
a rate of one half for sabbatical leave where the member has contributed at half
the rate of his or her regular rate and full credible service where the member
has contributed at the full rate and provided, further, that a faculty member
or professional employee who had such full-year sabbatical leave or leaves approved
prior to July 29, 1991, shall, for the first of such leaves, contribute the regular
deductions which would ordinarily be assessed based upon the date of such persons
entry into the retirement system.
Floor Number: 309 Clerk Number: 566
RETIREMENT BENEFITS FOR WATER-SEWER EMPLOYEES
Mr.
Joyce moves to amend the bill by inserting, after Section ___, the following new
Section:-
"SECTION ____. Section 3(g) of Chapter 32 of the Massachusetts
General Laws is hereby amended by inserting the titles "operation and maintenance
employees of water departments, water districts, sewer departments, sewer districts,
water and sewer departments, water and sewer districts, and wastewater facilities"
in Group 2 of the retirement system."
Floor Number: 310 Clerk Number: 732
MCD POLICE BENEFITS
Mr. Morrissey moves to amend the bill after section 353 by inserting the following new section:-
SECTION ____. Section 90C ¾ of Chapter 32 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking the title and inserting in place thereof the following:- "Increasing allowance of former state and metropolitan district police officers retired after at least twenty years of service."
SECTION ____ . Section 90C ¾ of Chapter 32 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking the text contained therein and inserting in place thereof the following:--
Section 90C ¾. A former state or metropolitan district police officer, retired prior to July 1, 1993, who has been retired under any provision of this chapter or similar provision or earlier law on account of superannuation after having served in the state or metropolitan district police force for a period of not less than 20 years shall have his retirement allowance increased to an amount not exceeding one-half the rate of regular compensation payable to state police officers holding similar positions, at the time of increasing such allowance, in the comparable grade or classification occupied by such former officer at the time of his retirement.
Floor Number: 311 Clerk Number: 772
CREDIBLE SERVICE
Mr.
Hedlund moves to amend Senate Bill 2400 by inserting at the end of thereof the
following new Section:-
"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.".
Floor Number: 312 Clerk Number: 242
OFFICE OF THE STATE AUDITOR
Ms. Walsh Boston moves to amend the bill, in section 2, in item 0710-0000, by striking out the figure "$14,380,300" and inserting in place thereof the following figure: - "$14,437,500".
Floor Number: 313 Clerk Number: 189
Tieng Xanh-Voice Program;
Mr. Hart of Boston moves to amend the bill in section 2 in item 0810-0000 in line 5 by inserting after the word "laws" the following: - "provided further, that not less than $100,000 shall be expended for the Ella J. Baker house and the Tieng Xanh-Voice Program;"
Floor Number: 314 Clerk Number: 163
BAKER HOUSE - VOTER REGISTRATION
Mr. Hart of Boston moves to amend the bill in section 2, in item 0521-0000, in line 4 by inserting after the word "Worcester" the following: "provided further, that not more than $15,000 shall be expended for a voter registration and education program operated by the Ella J. Baker House;"
Floor Number: 315 Clerk Number: 511
CORKIN BUILDING REPAIR
Mr.
Joyce moves to amend the bill, in section 2, in item 0526-0100, in line 2, by
inserting after "Heritage Commission archives" the following:
";
and provided further, that not less than $100,000 shall be expended for renovations
and repairs to the historic Corkin Building, so-called, in the town of Randolph."
Floor Number: 316 Clerk Number: 90
REGISTRY OF DEEDS
Messrs.
Lees, Tarr, Knapik and Brown and Mrs. Sprague move to amend the bill by inserting,
after Section ______, the following new Sections:-
"SECTION ____. Section
14 of chapter 36 of the General Laws, as appearing in the 2002 Official Edition,
is hereby amended by inserting after the word "book", in line 1, the
following words:- , which may be in electronic form, .
SECTION ____. Section
15 of said chapter 36, as so appearing, is hereby amended by striking out, in
line 1, the word "He" and inserting in place thereof the following words:-
Each register of deeds using non-electronic record books.
SECTION ____. Said
section 15 of said chapter 36, as so appearing, is hereby further amended by inserting
after the first paragraph the following paragraph:-
Each register of deeds
using electronic record books shall record all instruments electronically. Each
register shall note any changes or amendments made to the recorded instrument
after the initial entry of the instrument in the electronic record book and shall
ensure that all methods of electronically recording instruments conform to any
federal law requirement. Each register shall make duplicate copies, which may
be in electronic format, of all books in his registry in which deeds, certificates
and other instruments have been electronically recorded or entered.
SECTION
____. Section 17 of said chapter 36, as so appearing, is hereby amended by inserting
after the word "books", in line 2, the following words:- , which may
be in electronic form,"
Floor Number: 317 Clerk Number: 188
SUFFOLK REGISTRY OF DEEDS
Mr. Hart moves to amend the bill by inserting, after Section _______, the
following new section:
"SECTION
______. Notwithstanding the provisions of any general or special law to the contrary
any funds remaining with the City of Boston in account #201-13196N-1997 of deeds
excise tax revenue, under Chapter 64D-12 of the General Laws (deeds excise monies)
shall immediately be transferred to line item 0540-2001 (Suffolk County deeds
excise fund) and provided further that said funds shall be expended no later than
June 30, 2005.
Floor Number: 318 Clerk Number: 574
NOTARY PUBLICS
Mr. Creedon, Mr. McGee and Ms. Creem move to
amend the bill, Senate 2400, by inserting at the end of the bill the following
new section:
SECTION_____. Chapter 222 of the General Laws is hereby amended
by adding the following section:
Section 12. Notwithstanding any general, rule regulation or order to the contrary, attorneys-at-law and counselors-at-law as well as paralegals, legal secretaries and other legal staff, whom by virtue of their employment perform notary duties shall be exempt from maintaining a journal of their notary transactions.
FLOOR NUMBER: 319 CLERK NUMBER: 730
LOBBYISTS LAW CHANGES
Mr. Morrissey moves to amend the bill by inserting, after section 353, the following new sections:-
SECTION ___ . Section 39 of Chapter 3 of the General Laws, as appearing in the 2002 Official Edition, by inserting the following new definitions: -
"Client" for
the purpose of this chapter, shall mean any individual or business entity that
contracts with another individual or business entity to receive "lobbyist"
services.
"Lobbyist Entity" shall mean any entity providing
lobbyist services, consisting of one or more legislative or executive agents,
including any foreign or domestic corporation, association, sole proprietor, partnership,
limited liability partnership or company, joint stock company, joint venture or
any other similar business formation.
SECTION ____. Chapter 3 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking section 40 in its entirety.
SECTION
____. Chapter 3 of the General Laws, as appearing in the 2002 Official Edition,
is hereby amend striking out section 41 in its entirety and inserting in place
the following new section:-
Section 41. Docket; annual registration; filing
fee; identification card; custody; public inspection
The
state secretary shall keep a docket, which may be in the form of an electronic
database. All information required to be filed under the provisions of this section
shall be organized into said docket and shall be open and accessible for public
inspection during normal business hours.
Each legislative agent, executive
agent and lobbyist entity shall file an annual registration statement with the
office of the state secretary on forms proscribed and provided by the state secretary.
Said annual registration must be completed on or before December 15th of the year
preceding the registration year.
Any client retaining the services of a legislative,
executive or lobbyist entity shall also file an annual registration statement
with the office of the state secretary on forms proscribed and provided by the
state secretary. Said annual registration must be completed on or before December
15th of the year preceding the registration year.
Any client or lobbyist entity
hiring, employing or agreeing to employ a lobbyist entity, legislative agent or
executive agent after January 1st of the registration year shall within 10 days
after such employment or agreement, cause the name of such lobbyist entity, legislative
agent or executive agent to be registered with the office of the state secretary
as provided herein. Notice of termination of such employment shall also be filed
promptly with the state secretary by said client or lobbyist entity.
The state
secretary shall assess each lobbyist entity an annual filing fee of $1,000.00
to register the entity on the docket.
The state secretary shall assess each
legislative agent and executive agent an annual filing fee of $100.00 upon entering
said agent's name on the docket.
The state secretary shall assess each client
as defined herein, an annual filing fee of $100.00 for each lobbyist entity (as
defined herein) hired by them upon entering said name upon the docket.
The
state secretary may, in his discretion and upon written request, waive all said
filing fees for a lobbyist entity which registers to exclusively represent "not
for profit" clients.
Upon registration, the state secretary shall issue
to each legislative agent and executive agent, a non-transferable identification
card that shall include the person's name and photograph. Out of state legislative
agents and executive agents must submit three, passport-sized photographs to the
state secretary upon registration.
Floor Number: 320 Clerk Number: 159
OPERATION 2006 - BAKER HOUSE
Mr. Hart of Boston moves to amend the bill in section 2, in item 0340-0100, in line 11, by inserting after the word "county" the following: "provided further, that not more than $110,000 shall be expended for Operation 2006, in Suffolk county;"
Floor Number: 321 Clerk Number: 182
COMMISSION ON ADDITIONAL ASSISTANCE
Mr.
Nuciforo moves to amend the bill (S.2400) by inserting at the end thereof the
following section:-
SECTION ---
Notwithstanding any general or special law
or regulation to the contrary, there shall be a special commission to study and
report on the distribution of additional assistance. The commission shall consist
of three representatives of the Senate Committee on Ways and Means, appointed
by the President, and three representatives of the House Committee on Ways and
Means, appointed by the Speaker. The scope of the commission's inquiry shall include,
but shall not be limited to: the formula used to distribute additional assistance,
an evaluation of the equity of the distribution of additional assistance and recommendations
on modifications to the formula. This inquiry shall include at least 3 public
hearings, which shall be held in at least 3 different counties of the commonwealth.
The commission shall submit its report to the house and senate committees on ways
not later than December 1, 2004, along with drafts of any legislation.
Floor Number: 322 Clerk Number: 370
CORRECTIVE AMENDMENT
Ms.
Murray moves to amend the bill, S2400 in section 2 in item 0337-0002 by inserting
after the word "Suffolk" the following words:-
Bristol, Barnstable,
And
by inserting in line 5 of item 1150-5104, following the word "provided,"
the following:-
notwithstanding any general or special law to the contrary
And by inserting, in item 4513-1115 after the word "no", the following:- state
And in section 2, item 7007-0950, by striking
out the words "Southcoast Development Project" and inserting in place
thereof the following:-
"Southcoast Development Partnership".
And, in item 7100-0200, by striking out the words "provided further that not more than $50,000 shall be expended for the 4-H program;" and inserting in place thereof the following words:- provided further that not less than $50,000 shall be expended for the 4-H program;
And by striking, in item 7509-0100, the figure "$9,191,583" and inserting in place thereof the following:- $9,291,583
And, in section 3, in the third paragraph, by striking out the words "less any excess debt service amount as defined in section 2 of chapter 70 of the General Laws,"
And, in section 3, in the third paragraph, by striking out the fifth sentence,
And by inserting, after section 14, the following section:-
SECTION
14A. Section 4A of chapter 7 of the General Laws, as so appearing, is hereby amended
by adding the following 4 paragraphs:-
In the event a new governmental mandate
effective on or after July 1, 2004 is imposed upon a contractor providing a social
services program, as defined in section 274 of chapter 110 of the acts of 1993,
to a governmental unit, as defined in said section, and compliance with such governmental
mandate has or will have a material adverse financial impact on the contractor,
the governmental unit shall negotiate a contract amendment with the contractor
to increase the maximum obligation amount or unit price to offset the material
adverse financial impact of the new governmental mandate, provided that the contractor
furnishes substantial evidence to the governmental unit of such material adverse
financial impact along with a request to renegotiate based on a new governmental
mandate.
For the purposes of this section, a "new governmental mandate"
shall mean a statutory requirement, administrative rule, regulation, assessment,
executive order, judicial order or other governmental requirement that was not
in effect when the contract was originally entered into and directly or indirectly
imposes an obligation upon the contractor to take any action or to refrain from
taking any action.
For the purposes of this section, a "material adverse
financial impact" shall mean: (a) an increase in the reasonable costs to
the contractor in performing the contract of the lesser of (i) three percent (3%)
of the maximum obligation amount or unit price of the contract; or (ii) five thousand
dollars ($5,000), in aggregate as a result of all such mandates in effect during
the contract year; or (b) an action that affects the core purpose and primary
intent of the contract.
Any contractor aggrieved by a decision of a governmental
unit denying or failing to negotiate a contract amendment to remedy a material
adverse impact of a new governmental mandate pursuant to the provisions of this
section may appeal such adverse decision to the division of administrative law
appeals in accordance with the section 4H of this chapter for a hearing and decision
de novo on all issues. A contractor's request for contract amendment shall, for
purposes of appeal, be deemed to have been denied if a determination is not received
within 30 days of the governmental unit's receipt of the request. A contractor
or governmental unit may appeal an adverse decision of the division of administrative
law appeals to the superior court, Suffolk division, pursuant to chapter 30A.
And
by striking out section 26 and inserting in place thereof the following section:-
SECTION 26. Chapter 13 of the General Laws is hereby amended by inserting after
section 9B the following section:-
Section 9C. The members of the boards of
registration shall be public employees for the purposes of chapter 258 for all
acts or omissions within the scope of their duties as board members.
And by inserting after section 44 the following section:-
SECTION
44A. Section 4 of Chapter 19D of the General Laws, as so appearing, is hereby
amended by inserting after the second paragraph the following paragraph:-
Notwithstanding
the provisions of the previous paragraph, no fees, including minimum fees, for
initial certification or certification renewal shall be due from any provider
for assisted living units created under the HUD Assisted Living Conversion Program.
And
by adding after Section 97 thereof, the following section
SECTION 97A. Section 23 of chapter 32 of the General Laws, as most recently amended by section 3 of chapter 502 of the acts of 2002, is hereby further amended by adding after subdivision (5) the following subdivision:
(6) Confidentiality of certain records. Any documentary material or data made or received by any person of the state investment (PRIM) board, which consists of trade secrets or commercial or financial information that relates to the investment of public trust or retirement funds, shall not be disclosed to the public if disclosure is likely to impair the government's ability to obtain such information in the future or is likely to cause substantial harm to the competitive position of the person or entity from whom the information was obtained. The provisions of the open meeting law shall not apply to the PRIM Board when it is discussing the information described in this paragraph. This subdivision shall apply to any request for information covered by this subdivision for which no disclosure has been made by the effective date of this subdivision.
And by inserting after
section 113 the following new section:-
SECTION 113A. Section 13 of chapter 58 of the General Laws, as so appearing, is hereby amended by striking out, in lines 14 and 15, the words "environmental management" and inserting in place thereof the following words:- conservation and recreation.
And in section 122, by inserting after the words "striking out the" the following words:- third paragraph of.
And in said section 122, by striking out the words "following subsection" and inserting in place thereof the following words:- following paragraph.
And
By inserting after section 148 the following new section:-
Section 148A. Section 4 of chapter 92A1/2 of the General Laws, as appearing in section 290 of said chapter 26, is hereby amended by striking out the last sentence and inserting in its place the following sentence: -All revenues derived from the activities authorized herein shall annually be remitted by the division to the state treasurer who shall deposit said revenues into the Water Supply Protection Trust, established in section 73 of chapter 10 of the General Laws.
And
by striking out section 159 and inserting in place thereof the following section:-
"SECTION 159. Section 61 of chapter 112 of the General Laws is hereby
amended by striking out the first paragraph, as amended by section 94 of chapter
184 of the acts of 2002, and inserting in place thereof the following 3 paragraphs:
--
Except as otherwise provided by law, each board of registration may, by
a majority vote and upon determination made, after opportunity for a hearing,
that the holder of a license, certificate, registration or authority issued by
the respective board is subject to sanctions on a ground enumerated in this section,
impose sanctions including, but not limited to, the following:
(1) suspend,
revoke, cancel or refuse to renew a license, certificate, registration or authority,
or place its holder on probation;
(2) reprimand or censure a holder;
(3)
assess upon a holder a civil administrative penalty not to exceed $5,000 for each
violation;
(4) require a holder to perform, for each violation, up to 100
hours of public service at a time and in a manner to be determined by the board;
(5) require a holder to complete additional education and training as a condition
of retention or future consideration for reinstatement of the license, certificate,
registration or authority;
(6) require a holder to practice under appropriate
supervision for a period of time to be determined by the board as a condition
of retention or for future consideration of reinstatement of the license certificate,
registration or authority;
(7) require a holder to participate in an alcohol
or drug rehabilitation program or undergo drug testing, or both, as a condition
of retention or for future consideration of reinstatement of the license, certificate,
registration or authority; and
(8) require restitution of not more than $10,000
per injured party where appropriate.
A board of registration may sanction
the holder of a license, certificate, registration or authority in accordance
with this section if the holder:
(1) has engaged in conduct which places into
question the holder's competence to practice his profession including, but not
limited to, gross misconduct or misconduct in the practice of the profession,
or practicing the profession fraudulently or beyond its authorized scope, or with
gross incompetence, or with negligence on more than 1 occasion;
(2) is incapacitated
by, or has practiced his profession while the ability to practice is impaired
by, alcohol, drugs, physical disability or mental instability;
(3) has violated
any law or rule or regulation of the board of registration, governing the practice
of his profession;
(4) has been convicted of a criminal offense that reasonably
calls into question the holder's ability to practice his profession;
(5) has
engaged in dishonesty, fraud or deceit that bears on the holder's fitness to practice
his profession;
(6) has knowingly permitted, aided or abetted an unlicensed
person to perform activities requiring a license, certificate, registration or
authority; or
(7) has had a license, certificate, registration or authority
issued by another state or territory of the United States, the District of Columbia,
or a foreign state or nation with authority to issue such a license, certificate,
registration or authority revoked, canceled or suspended, not renewed, or otherwise
acted against, or the holder has been disciplined, if the basis for the action
is substantially the same as a basis for disciplinary action in the commonwealth.
Nothing in this section shall limit a board's authority to impose such reasonable
sanctions as deemed appropriate by the board after hearing or by consent agreement.
A person sanctioned under this section shall also be liable to such other punishment
as may be provided by law. The boards may make such rules and regulations as they
deem proper for the filing of charges and the conduct of hearings.
And
by striking out section 163 and inserting in place thereof the following section:-
SECTION 163. Said chapter 112 is hereby further amended by inserting after
section 65 the following 5 sections:-
Section 65A. Each board of registration
within the division of professional licensure may, after opportunity for a hearing,
assess and collect a civil administrative penalty of up to $5,000 for each violation
upon a person who practices a trade or profession at a time when his license,
certificate, registration or authority to do so from that board is not valid because
it has been suspended, revoked or canceled under this chapter or because it has
expired. The penalty shall be in addition to all other penalties and remedies
that may be provided by law. A board may apply to the appropriate court for a
restraining order enjoining such unlicensed practice or for an order for payment
of an assessed penalty, or both, and may obtain such other orders as may be appropriate.
All penalties collected shall be deposited in the Division of Professional Licensure
Trust Fund established under subsection (a) of section 35V of chapter 10.
Section
65B. Each board of registration within the division of professional licensure
may, after opportunity for a hearing, assess and collect a civil administrative
penalty of up to $5,000 for each violation upon a person who, without holding
the required license, certificate, registration or authority from that board,
engages in the practice of a trade or profession for which a license, certificate,
registration or authority is required. The penalty shall be in addition to all
other penalties and remedies that may be provided by law. A board may apply to
the appropriate court for a restraining order enjoining such unlicensed practice
or for an order for payment of an assessed penalty, or both, and may obtain such
other orders as may be appropriate. All penalties collected shall be deposited
in the Division of Professional Licensure Trust Fund, established under subsection
(a) of section 35V of chapter 10.
Section 65C. Each board of registration
that has jurisdiction over a licensee whose continued practice poses an immediate
and serious threat to the public health, safety or welfare may suspend or refuse
to renew the holder's license, certificate, registration or authority pending
a hearing on the merits. The board shall hold a hearing on the necessity for any
such emergency action within 7 business days of the action. The board shall issue
to the licensee a written order of emergency action which specifies the findings
of the board and the reasons for the action and which shall also include notice
of the date, time and place of the hearing. At the request of a licensee, the
board may reschedule the hearing to a date and time mutually agreeable to the
board and the licensee. Any rescheduling of the hearing that is granted at the
licensee's request shall not operate to lift or stay the emergency action order.
If the hearing is not held within 7 business days of the board's emergency action,
or at such rescheduled time as may have been agreed to, the license, certificate,
registration or authority against which an action was taken shall be reinstated.
At the hearing, the board shall receive evidence limited to determining whether
the emergency action order shall continue in effect pending the final disposition
of the complaint. Following the hearing, any continuing suspension or non-renewal
imposed by a board shall remain in effect until the conclusion of a formal proceeding
on the merits of the allegations against the holder, including judicial review,
or until withdrawn by the board. The division of professional licensure and the
department of public health, as appropriate, after proper notice and hearing,
shall adopt rules and regulations governing the emergency action procedure authorized
by this section.
Section 65D. Any complaint, report, record or other information
received or kept by a board of registration in connection with an investigation
shall be a public record only following the issuance of an order to show cause
or final action by the board. Before issuing an order to show cause or final action,
each board may keep confidential any complaint, report, record or other information
received or made in connection with an investigation conducted by the board. The
identity of a person filing a complaint shall be exempt from disclosure as a public
record at all times, except to the extent that a licensee may be entitled to such
information for purposes of preparing a defense in a formal adjudicatory hearing.
The requirement that investigative records or information be kept confidential
shall not apply to requests from other state or federal agencies, boards or institutions
as the division of professional licensure or the department of public health,
as appropriate, shall determine by regulation.
Meetings of the boards held
for the purpose of conducting investigative conferences related to a complaint
shall not be considered open meetings within the meaning of section 11A½
of chapter 30A.
Section 65E. After a complaint has been filed with a board of registration alleging that a holder of a license, certificate, registration or authority issued by a board may be incompetent or unable to practice his profession or trade with reasonable skill and safety because the holder's ability to practice is impaired due to mental or physical illness, the board may order the holder to be examined by physicians or psychotherapists approved by the board at the board's expense. If the individual fails or refuses to comply with an order by the board for an examination and upon reasonable notice to the holder, the board may apply to the superior court for an order compelling the holder to submit to an examination. If the board's application is granted, the court may, after opportunity for a hearing, require the individual to pay to the board its reasonable expenses incurred in obtaining the order, including attorneys' fees, unless the court finds an award of expenses unjust. A holder's failure to comply with a court order issued under this section shall constitute grounds for disciplinary action by the board including, but not limited to, the sanctions listed in section 61. The report of the examiners shall be made available to the holder and may be received as direct evidence in formal adjudicatory proceedings. The report shall remain confidential except to the extent it is disclosed in such proceedings.
And in subsection (a) of section 308, by striking out, in the first sentence, the words "subject to the provisions of sections 40E to 40K" and inserting in place thereof the following words:- notwithstanding sections 40E to 40I.
And in said subsection (a) of said section 308, by striking out, in the fifth sentence of the third paragraph, the words "division of capital asset managemeent and maintenance" and inserting in place thereof the following words:- department of conservation and recreation.
And in subsection (b) of said section 308, by inserting in the first sentence, after the words "and maintenance," the following words:- , in consultation with and on behalf of the department of conservation and recreation,.
Floor Number: 323 Clerk Number: 61
Withdrawn
Floor Number: 324 Clerk Number: 121
AMENDING THE PILOT PROGRAM:
Mr.
Tisei, Mr. Morrissey, and Mr. Hedlund move to amend the bill in section 2, item
0611-5510 by adding at the end thereof the following new language:-
";including
all land formerly owned or under the control of the former metropolitan district
commission, which is now under the control of the department of conservation and
recreation."
Floor Number: 325 Clerk Number:
352
PILOT
Mrs. Chandler
moves to amend the bill, in section 2, in item 0611-5510, by inserting at the
end the following wording:-
"; provided further, that not less than $100,000
shall be reimbursed to the Town of West Boylston".
Mrs.
Chandler moves to further amend the bill, in section 2, in item 0611-5510, by
inserting at the end the following wording:-
"; provided further, that
not less than $100,000 shall be reimbursed to the Town of Princeton".
Mrs.
Chandler moves to further amend the bill, in section 2, in item 0611-5510, by
inserting at the end the following wording:-
"; provided further, that
not less than $85,000 shall be reimbursed to the town of Boylston".
Floor Number: 326 Clerk Number: 212
RELATIVE TO ENHANCING DOR'S AUDITING PROGRAM
Ms. Creem, Mr. O'Leary move to amend the bill (S.2400) in Section 2, in item 1201-0130, by striking out the figure "$4,640,000" wherever it appears and inserting in place thereof the following figure:- "$9,640,000".
Floor Number: 327 Clerk Number: 123
AMENDING THE PILOT PROGRAM:
Mr.
Tisei, Mr. Morrissey, and Mr. Hedlund move to amend the bill by inserting, after
Section 362, the following new section:-
"SECTION____. Chapter 58, section
13 of the Massachusetts General Laws, is hereby amended by inserting after the
word "purpose" in line sixteen, the following:- "; and all land
formerly owned or under the control of the former metropolitan district commission,
which is now under the control of the department of conservation and recreation."
FLOOR NUMBER: 328 CLERK NUMBER: 381
UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND.
Mr. Havern moves to amend
the bill by inserting the following section at the end thereof:-
"Section
_____. There shall be established and set up on the books of the commonwealth
a separate fund to be known as the Underground Storage Take Petroleum Cleanup
Fund. There shall be credited to such fund: any fees, penalties, and other amounts
collected pursuant to chapter twenty-one J; and appropriation, grant, gift, or
other contribution explicitly made to such fund; and any interest earned on monies
within the fund.
Amounts credited to said fund shall be used, subject to
appropriation, for the purposes set forth in chapter twenty-one J."
Floor Number: 329 Clerk Number: 485
ILLEGAL TOBACCO SALES PENALTIES
Ms.
Melconian moves to amend the bill by inserting, after Section _____, the following
new Section:-
"SECTION ______. Chapter 64C, Section 14(a) of the General
Laws, as appearing in the 2002 Official Edition, is hereby amended by striking
out the last sentence, and replacing it with the following:-
Any such retailer
or wholesaler violating this subsection shall be punished by--
(1) a fine of
not more than ten thousand dollars for a first offense.
(2) a fine of not more
than twenty-five thousand dollars and a fourteen-day suspension of their license
to distribute for a second offense.
(3) a fine of not more than fifty thousand
dollars and revocation of their license to distribute for a third offense."
Floor Number: 330 Clerk Number: 491
BLUE HILLS AND PILOT
Mr.
Joyce moves to amend the bill by inserting, after Section ___, the following new
Section:-
"SECTION ____. Section 13 of Chapter 58 of the General Laws,
as appearing in the 2000 Official Edition, is hereby amended by inserting after
the words "Mount Greylock State Reservation," the following: ";
and the Blue Hills Reservation".
Floor Number: 331 Clerk Number: 533
UNDERGROUND STORAGE CLEANUP FUND
Mr. Pacheco moves to amend the bill by inserting, after Section ___, the following new Section:-
"Section ____. Section 5 of Chapter 21J of the General Laws, as it presently appears, is hereby amended by adding the words "five hundred thousand", following word "mission" in each of the two places in which said word "mission" appears in subsection (a) thereof."
Floor Number: 332 Clerk Number: 624
ONLINE TOBACCO SALES
Messrs. Lees, Tisei, Tarr, Knapik and Brewer
and Mrs. Sprague move to amend the bill by inserting, after Section ______, the
following new Section:-
"SECTION ______. Chapter 64C of the General Laws,
as appearing in the 2000 Official Edition, is hereby amended by inserting after
section 10 the following new section:-
Section 10A. Online Cigarette Sales.
It
is unlawful for any public or private postal or package delivery service to knowingly
deliver a tobacco product to a person under the age of 18 years. A tobacco product
shall not be accepted for delivery by such a package delivery service if the package
does not have affixed thereto a label which plainly and visibly states that the
package contains tobacco and that it is not for delivery to any person under age
18. Any public or private postal or package delivery service that knowingly delivers
a tobacco product directly to a purchaser shall:
(a). Deliver solely to the
purchaser at the address given by the purchaser as specified on a valid Massachusetts
driver's license, passport, state issued identification, United States military
identification, or immigration card.
(b). Require the signature of the purchaser.
(c). Receive and inspect the identification of the purchaser showing the purchaser's
date of birth to verify that he is 18 years of age or older.
(d). Receive
an attestation from the purchaser, on a form prepared by the delivery service,
certifying that the information on the identification required under subsection
(a) of this section truly and correctly identifies the purchaser, his current
address and age. The certification shall be retained on file by the distributor
for no less than one year.
(e). Submit a copy of the invoice for each delivered
package to the Department of Revenue which shall ensure that the appropriate excise
taxes are paid thereon. To be accepted by the delivery service, each invoice shall
include the name and address of the purchaser, the brand, and the type and quantity
of tobacco.
Any person who delivers a tobacco product in violation of this
act shall be fined no less than $250 or more than $1,000 for each offense. A person
who falsely certifies information required by this act shall be fined no less
than $100 or more than $500 for each offense."
Floor Number: 333 Clerk Number: 710
UNDERGROUND STORAGE CLEANUP FUND II
Mr. Pacheco and Mr. Montigny move to amend the
bill by inserting, after Section ____, the following new Section:-
"Section
____. Section 11 of Chapter 21J, as it presently appears, is hereby amended by
striking the first two sentences and substituting the following provision:
The
Board's initial determinations of eligibility for reimbursement, and of the amount,
if any, of reimbursement to be paid to claimants shall not be considered an ajudicatory
proceeding, provided that any person aggrieved by such determination may appeal
to the board pursuant to the provisions of chapter thirty A, and shall be afforded
the right to an ajudicatory hearing as provided therein."
Floor Number: 334 Clerk Number: 714
SUFFOLK COUNTY
Mr. Lees moves to amend the bill by inserting at the end thereof the following new Section:-
"SECTION ___. Chapter 34B of the General
Laws, as so appearing, is hereby amended by deleting sections 1 and 2 and inserting
in place thereof the following sections: -
Section 1. The government of each
of the following counties, in this chapter called an "abolished county''
is hereby abolished as of the following date, in this chapter called the "transfer
date'', or on such earlier date 30 days after the commissioner of revenue certifies
in writing that the county has failed to make a required payment on an outstanding
bond or note: (a) Middlesex county, as of July 11, 1997; (b) Hampden and Worcester
counties, as of July 1, 1998; (c) Hampshire county, as of January 1, 1999; provided,
however, that all functions, duties and responsibilities for the operation and
management of the jail, house of correction and registry of deeds of Hampshire
county and all duties and responsibilities for operation and management of property
occupied primarily by the sheriff, registry of deeds and the trial courts in Hampshire
county are hereby transferred to the commonwealth, effective September 1, 1998,
subject to the provisions of this chapter; (d) Essex county as of July 1, 1999;
(e) Berkshire county on July 1, 2000, but all functions, duties and responsibilities
for the operation and management of the registries of deeds of Suffolk and Berkshire
counties and all duties and responsibilities for the operation and management
of property occupied primarily by the registries of deeds in Berkshire and Suffolk
counties are hereby transferred to the commonwealth, effective on July 1, 1999,
subject to the provisions of this chapter; and (f) Suffolk county as of July 1,
2004.
Section 2. Notwithstanding the provisions of any general or special law
to the contrary, the government of each abolished county, except the office of
county treasurer, is hereby abolished as of the transfer date for all purposes,
including, but not limited to, the purposes established pursuant to chapters 34,
34A, 35 and 36 or as otherwise authorized by this chapter. The office of an abolished
county's treasurer shall expire on December 31, 2004. Nothing in this chapter
shall affect the existing county boundaries."
Floor Number: 335 Clerk Number: 743
ALCOHOL BEVERAGE IMPORTER LICENSE
Mr. Morrissey moves to amend the bill by inserting,
after Section 362, the following new Section:-
Section____. Section 18 of chapter
138 of the General Laws, as appearing in the 2002 Official Edition, is hereby
amended by inserting at the end of Section 18 the following new paragraph:-
It
shall be unlawful for any licensee under this section to purchase alcoholic beverages
from any source other than the primary American source of supply unless authorized
by the primary American source of supply. "Primary American source of supply"
shall mean the distiller, bottler, brewer, vintner, brand owner, or designated
agent of any such distiller, bottler, brewer, vintner, or brand owner.
Floor Number: 336 Clerk Number: 791
AN AMENDMENT RELATIVE TO MUNICIPAL FINANCES
Mr. Tarr moves to amend the bill, Senate 2400, by adding the following new section at the end thereof:-
Section__. There is hereby established a commission to study revenue sharing by the Commonwealth to assist municipalities in the financing of services including but not limited to police and fire protection, education, the construction, repair and maintenance of non-school municipal buildings and the construction, repair and maintenance of municipal roads and bridges. Said commission shall identify the current mechanisms used to facilitate revenue sharing and their efficiency, effectiveness and sustainability. In addition, the commission shall investigate alternative mechanisms to provide cities and towns with adequate resources to provide municipal services.
Said commission shall consist
of the Secretary of Administration and Finance or his designee, the Commissioner
of the Department Revenue or his designee, three members of the Senate, one of
which shall be a member of the minority party, three members of the House of Representatives,
one of which shall be a member of the minority party, a representative of the
Massachusetts Taxpayer's Foundation, a representative of the Massachusetts Municipal
Association, three members appointed by the Governor whom shall represent citizens
of the Commonwealth, and three members appointed by the Governor whom shall be
elected municipal officials representing geographically and demographically diverse
areas of the state.
Said commission shall report its findings, together with
any legislative recommendations, to the Ways and Means Committees of the House
and Senate no later than October 31, 2005.
Floor Number: 337 Clerk Number: 52
Improving Tax Compliance Associated with the Registration of Motor Vehicles and The Disclosure of the Private Sales of Motor Vehicles, Motorboats and Aircraft
Mr. Moore and Mr. Baddour move to amend the bill by adding at the end thereof the following new Section:- SECTION________.
SECTION XX:
SECTION
1. Section 18 of Chapter 59 of the General Laws, as appearing in the 2002 Official
Edition, is hereby amended by inserting after line 92, the following clauses:
-
Eighth, Motor vehicles or trailers, used in the conduct of a business and
owned by a business entity, shall be assessed in the city or town in which the
principal place of business in the commonwealth of the business entity is located
unless: (i) the registrar has provided the assessor pursuant to the provisions
of chapter 60A with calendar year information about the motor vehicles or trailers,
including the make, model, year, vehicle identification number, weight, valuation,
and the name and address of the person or business entity that owns or leases
said motor vehicles or trailers and the owner has shown proof of payment of the
automobile excise tax or (ii) said motor vehicles or trailers are exempt from
the excise imposed by chapter 60A.
Eighth A, For purposes of this clause the
following words shall have the following meanings: -
"Business entity",
used in this clause shall include a business corporation as defined in chapter
156, a professional corporation organized under chapter 156A, a subchapter S corporation
as defined in section thirteen hundred sixty-one of the Internal Revenue Code,
a limited liability corporation, a limited liability partnership, a partnership,
voluntary association or sole proprietorship conducting business in the commonwealth.
"Motor
vehicles or trailers", used in the clause shall be applicable to motor vehicles
or trailers which have not been assessed and taxed subject to the provisions of
Chapter 60A and Chapter 63.
"Fair cash value", the motor vehicle
or trailer's list price for motor vehicles or trailers of the same make, type,
model, and year of manufacture, or in the case of motor vehicles or trailers which
are part of a larger fleet of substantially similar motor vehicles or trailers,
the average fair cash value of the motor vehicles or trailers in the fleet.
"Fairly
apportioned", allocated so as to reflect only the amount of time during which
the motor vehicle or trailer was physically located in a city or town, according
to records kept by the business entity in the regular course of its business.
The
assessed value of such motor vehicles and trailers shall be their fair cash value
fairly apportioned.
SECTION 2. Section 6 of said chapter 60A is hereby amended
by inserting after section 6, the following section: -
Section 6½A.
In any instance where a motor vehicle or trailer is the subject of a lease agreement
for a period of 30 days or more, the excise locally assessable under this chapter,
shall be laid and collected at the address of the lessee of the motor vehicle
or trailer. If the lessee is an individual, the address will be the domicile of
said individual. If the lessee is a business entity, as defined in clause eighth
A of section 18 of chapter 59, the address will be its principal place of business
in the commonwealth.
SECTION 3. Section 49A of chapter 62C of the General Laws,
as appearing in the 2002 Official Edition, is hereby amended by inserting after
line 41, the following subsection: -(d) Any person who owns or leases a motor
vehicle or trailer that is required to be registered in the commonwealth under
the provisions of chapter 90, and improperly registers said motor vehicle or trailer
in another state or misrepresents the place of garaging of the motor vehicle or
trailer in another city or town, shall be considered in violation of laws f the
commonwealth relating to taxes provided for in chapter 60A, chapter 64H or chapter
64I; provided, that such right, license, or contract provided for in paragraphs
(a) and (b) shall not be issued or renewed, unless and until the person or business
entity has paid all taxes due at the time of application for said right, license,
or contract.
(e) Any person who, for the purpose of evading payment of a tax
pursuant to chapters 59, through 64J inclusive, willfully makes and subscribes
any return, form, statement or other document pursuant to the provisions of paragraphs
(a), (b) or (d) above that contains or is verified by a written declaration that
is made under penalties of perjury which information he does not believe to be
true and correct as to every material matter that he has complied with all laws
of the commonwealth relating to taxes, shall be subject to the provisions, and
punishable by the appropriate fines, as outlined in section 73 of this chapter.
SECTION
4. Section 25B of chapter 64H, as so appearing, is hereby amended by inserting
the following sections: -
25C. The owner of any motor vehicle or trailer that
is sold through a private sale shall notify the registrar of motor vehicles on
any form prescribed by the registrar under this section of the private sale of
the motor vehicle or trailer within three days of the transfer. The original owner
shall provide the name and address of the buyer, a description of the make, model
and vehicle identification number of said motor vehicle or trailer.
25D. The
owner of any motorboat that is sold through a private sale shall notify the director
of the division of motorboats on any form prescribed by the director under this
section of the private sale of the motorboat within three days of the transfer.
The original owner shall provide the name and address of the buyer, a description
of the make, model and any state or federal identification number of said motorboat.
SECTION 5. Section 3 of said chapter 90, as so appearing, is hereby amended
in lines 11-15, by striking out the words: - "on more than thirty days in
the aggregate in any one year or, in any case where the owner thereof acquires
a regular place of abode or business or employment within the commonwealth, beyond
a period of thirty days after acquisition thereof,".
SECTION 6. Said section
3 of said chapter 90, as so appearing, is hereby further amended by adding at
the end of the first paragraph the following sentence: - The owner or operator
of such a motor vehicle or trailer must, while operating such a motor vehicle
or trailer, have on his person in an easily accessible place, proof of a policy
providing such insurance or a certificate of an insurance company stating that
such a policy has been issued and is currently in effect.
SECTION 7. Said section
3 of said chapter 90, as so appearing, is hereby amended in line 120 by striking
out the word "three", and inserting in place thereof the word: - "two".
SECTION
8. Section 34H of said chapter 90 is hereby amended after line 51, by inserting
the following new paragraph: -
The registrar, upon receipt of evidence in a
form satisfactory to the registrar, that a non-resident has operated a motor vehicle
or trailer upon the roads of the commonwealth without the compulsory motor vehicle
liability insurance required by section 3 of chapter 90 with respect to such motor
vehicle or trailer, shall revoke the non-resident driving privileges of such person.
Said uninsured motor vehicle or trailer may be impounded and stored by a duly
authorized police officer, who shall take possession of the registration plates.
The owner or non-resident driver must submit evidence satisfactory to the registrar
that said motor vehicle or trailer is registered and insured pursuant to said
section 3 before the registration plates are returned and the motor vehicle or
trailer may be lawfully propelled upon the roads of the commonwealth, and the
non-resident driving privileges reinstated.
SECTION 9. Section 2 of chapter
90C of the General Laws, as appearing in the 2002 Official Edition, is hereby
amended by inserting after the word "ninety," in line 22 the following
sentence: - In any case where a question is raised whether the motor vehicle or
trailer is properly insured under section 34 of chapter 90, the time for the issuance
of a citation shall remain open until such time as the validity of any certificate
of insurance is verified.
SECTION 10. Section 49 of chapter 90C of the General
Laws, as appearing in the 2002 Official Edition, is amended at the end of line
four by inserting the following: -
The owner of any aircraft that is sold through
a private sale shall notify the aeronautics commission on any form prescribed
by the commission under this section of the private sale of the aircraft within
three days of the transfer. The original owner shall provide the name and address
of the buyer, a description of the make, model and any state or federal identification
number or federal certificate of said aircraft.
SECTION 11. In order to encourage
the proper registration of motor vehicles and trailers in the commonwealth and
the payment of taxes and fees owed under the provisions of chapter 60A, chapter
64H, chapter 64I, and chapter 90 to the commonwealth and its municipalities on
a voluntary basis, the registrar of motor vehicles and the commissioner of revenue
are hereby authorized and directed to establish a three month period during which
all penalties for the non-payment of the taxes and fees imposed by chapter 60A,
chapter 64H, chapter 64I and chapter 90 shall be waived if any owner voluntarily
registers a motor vehicle or trailer that was unregistered, uninsured, or improperly
registered in another state or another city or town. Said three month period shall
commence on or before January 1, 2002. Such waiver shall also apply to unpaid
taxes, interest and/or fees that would have been assessed on a properly registered
motor vehicle or trailer. The registrar and the commissioner of revenue may determine
other terms and conditions.
SECTION 12. The registrar of the registry of motor
vehicles is hereby authorized and directed to study the costs and benefits of
periodic replacement of motor vehicle license plates issued by said registry.
Said study shall include, but not be limited to, three, five and seven year replacement
schedules, the costs related to mandating two plates per vehicle, the time period
required to implement the above stated changes, and any recommendations, including
legislation necessary to effectuate the orderly and cost effective implementation
of these proposed changes. Said study shall be filed with the joint committee
on taxation and house and senate committees on ways and means on or before December
1, 2004.
Floor Number: 338 Clerk Number: 59
Tax Abatement Justice for Old Colony Stationary
Mr. Moore moves to amend the bill by adding at the end thereof the following new Section:- SECTION________.
Notwithstanding the provisions of any general or special law to the contrary, the commissioner of revenue shall accept applications for abatement of tax on behalf Old Colony Stationary Inc. of Whitinsville for the tax years 1994, 1995, 1996 and 1997. Such applications shall be considered timely if filed with said commissioner within 90 days from the effective date of this act. Any abatement paid pursuant to these applications shall not include payment of interest or of any costs related to the filing of the applications.
Floor Number: 339 Clerk Number: 81
HEALTH INSURANCE AVAILABILITY FOR SELF EMPLOYED PERSONS:
Mr.
Tisei, Mr. Lees, Mr. Knapik, Mr. Tarr, Mr. Hedlund, Ms. Sprague, and Mr. Brown
move to amend the bill by inserting, after Section 362, the following new section:-
"SECTION___.
Section 1. Paragraph 2 of subsection (a) of section 2 of chapter 62 of the General
Laws, as appearing in the 1998 Official Edition, is hereby amended by inserting
at the end thereof the following new subparagraph:-
(K) Notwithstanding the
provisions of Code sections 934(a) of 162 (l), the total amount paid during the
taxable year by a self-employed individual, as defined in section 401 (c) (1)
(B) of the Code, for instance which constitutes medical care for the self employed
individual, their spouse and dependents.
Section 2. The provisions of section
1 shall be effective for tax years on or after January 1, 2004.
Floor Number: 340 Clerk Number: 155
HISTORIC TAX CREDIT
Mr.
Hart of Boston moves to amend the bill by inserting, after Section_________ the
following new Section: -
"SECTION_____. Section 1: Subsection (b)(1)(i)
of section 6J of chapter 62 of the General Laws, as appearing in section 22 of
chapter 141 of the acts of 2003, and amended by sections 5 through 9 of chapter
65 of the acts of 2004, is hereby amended by striking out the term "$10,000,000"
and inserting in place thereof "$20,000,000".
Section 2: Subsection
(b)(1)(i) of section 38R of chapter 63 of the General Laws, as appearing in section
24 of chapter 141 of the acts of 2003, and amended by sections 13 through 18 of
chapter 65 of the acts of 2004, is hereby amended by striking out the term "$10,000,000"
and inserting in place thereof "$20,000,000"."
Floor Number: 341 Clerk Number: 160
COMBINED REPORTING STUDY
Mr.
Rosenberg moves to amend the bill by inserting, after Section ___, the following
new Section:-
"SECTION ___. There is hereby established a special commission
to examine the effectiveness of requiring combined reporting for all corporate
excise tax filers in the Commonwealth. Combined reporting would require corporations,
when filing their tax returns, to list all of the profits they have earned - including
the profits earned by any subsidiary with which they are engaged in a unitary
business - and to calculate their profits subject to apportionment based on that
total. Said commission shall include the following members: the House and Senate
chairs of the Joint Committee on Taxation, one of whom shall serve as the non-voting
chair of said commission, the House and Senate chairs of the Joint Committee on
Commerce and Labor, the House and Senate vice-chairs of the Joint Committee on
Taxation, the ranking minority House and Senate members of the Joint Committee
on Taxation, the Commissioner of Revenue, and one member appointed by each of
the following organizations: the Federal Reserve Bank of Boston, the Multistate
Tax Commission, the Massachusetts Taxpayers' Foundation, the Massachusetts Budget
and Policy Center, the Associated Industries of Massachusetts, the Massachusetts
AFL-CIO, and the Massachusetts Municipal Association. The scope of the commission's
inquiry shall include, but shall not be limited to an examination of the following:
the decline in corporate excise tax revenue relative to personal income in Massachusetts,
whether corporate excise tax revenue is lost due to tax avoidance strategies,
whether combined reporting would be effective in combating and minimizing such
strategies, the long-term revenue implications for the Commonwealth of adopting
combined reporting, the contribution that combined reporting would make in improving
the Commonwealth's ability to enforce the corporate excise tax, the economic impact
of adopting combined reporting, and the experiences of other states that currently
use combined reporting. The Commission shall submit its report to the House and
Senate Committees on Ways and Means and the Joint Committee on Taxation not later
than December 15, 2004. Said report may include any legislation necessary to implement
its recommendations."
Floor Number: 342 Clerk Number: 161
ESTATE TAX FILINGS
Mr Rosenberg
and Ms. Creem move to amend the bill by inserting, after Section ___, the following
new Section:-
"SECTION ___. Not withstanding any special or general law
to the contrary the department of revenue is hereby authorized and directed to
revise current policy and practice with regard to estate tax filings by minimizing
paperwork and filing duplicative forms."
Floor Number: 343 Clerk Number: 199
AN AMENDMENT TO ENSURE AN EQUITABLE TAX SETTLEMENT
Mr. Nuciforo moves to amend the bill (S.2400) by inserting at the end thereof the following section:-
SECTION
__.
Notwithstanding chapter 64G of the General Laws or any general or special
law or to the contrary, the Department of Revenue shall deduct from the rooms
tax receipts of the town of Lenox no more than the sum of $221,000 in connection
with the settlement in the matter of Canyon Ranch Bellefonatine Associations,
L.P. v. Commissioner of Revenue, ATB Docket Nos. F252702 & 260821 Canyon Ranch
Management LLC as Agent for Vintage Resorts, LLC - Abatement Claims. No more payments
by said town, nor any more deductions from the Department, other than the amount
above, shall be required in connection with the settlement.
Floor Number: 344 Clerk Number: 223
ALCOHOL AND SUBSTANCE ABUSE TREATMENT FUNDING
Ms. Walsh moves to amend the bill by
inserting after Section _____, the following new Section: -
SECTION __. (a)(1)
Subsection (a) of section 21 of chapter 138 of the General Laws, as appearing
in the 2000 Official Edition, is hereby amended by striking out, in line 16, the
words "three dollars and thirty cents" and inserting in place thereof
the followings words:- $8.50".
(2) Subsection (b) of section 21 of chapter
138 of the General Laws, as appearing in the 2000 Official Edition is hereby amended
by striking out, in line 20, the words "three cents" and inserting in
place thereof the following words:- "$0.08".
(3) Subsection (c)
of section 21 of chapter 138 of the General Laws, as appearing in the 2000 Official
Edition is hereby amended by striking out, in lines 24 to 25, the words "fifty-five
cents" and inserting in place thereof the following words:- "$1.41".
(4) Subsection (d) of section 21 of chapter 138 of the General Laws, as appearing
in the 2000 Official Edition is hereby amended by striking out, in line 27, the
words "seventy cents" and inserting in place thereof the following words:-
"$1.80".
(5) Subsection (e) of section 21 of chapter 138 of the
General Laws, as appearing in the 2000 Official Edition is hereby amended by striking
out, in line 30, the words "one dollar and ten cents" and inserting
in place thereof the following words:- "$2.80".
(6) Subsection (f)
of section 21 of chapter 138 of the General Laws, as appearing in the 2000 Official
Edition is hereby amended by striking out, in line 35, the words "four dollars
and five cents" and inserting in place thereof the following words:- "$10.41".
(7) Subsection (g) of section 21 of chapter 138 of the General Laws, as appearing
in the 2000 Official Edition is hereby amended by striking out, in lines 38 to
39, the words "four dollars and five cents" and inserting in place thereof
the following words:- "$10.41".
(b) Chapter 29 of the General Laws,
as so appearing, is hereby amended by inserting after section 2XX the following
section: -
Section 2AAA. There shall be established and set up on the books
of the commonwealth a separate fund to be known as the Substance Abuse Health
Protection Fund. Amounts credited to said fund shall be expended, subject to appropriation,
to provide funding, or supplement existing levels of funding, for the following
purposes: (a) For a comprehensive substance abuse treatment program, to be administered
by the department of public health, for the treatment of individuals who are dependent
on or addicted to alcohol or controlled substances, or both alcohol and controlled
substances, and who lack public or private health insurance that would provide
coverage for such treatment; (b) To fund such substance abuse treatment programs
that are administered by the office of community corrections, the department of
corrections, the department of social services, the department of youth services,
and the office of the commissioner of probation; (c) For comprehensive school
health education programs, to be administered by the department of education,
provided that such programs shall incorporate information relating to the hazards
of alcohol and controlled substances use; and (d) For workplace-based and community
substance abuse prevention and drinking cessation programs, for substance abuse-related
public service advertising and for drug and alcohol education programs, to be
administered by the department of public health.
(c) Notwithstanding any general
or special law to the contrary, there shall be credited to the Substance Abuse
Health Protection Fund, 20 per cent of the amounts collected from January 1, 2005
to December 31, 2005, 30 per cent of the amounts collected from January 1, 2006
to December 31, 2006, 46 per cent of the amounts collected on and after January
1, 2007 under section 21 of chapter 138 from the sale of alcoholic beverages together
with any penalties, forfeitures, interest, costs of suits and fines collected
in connection therewith, all as determined by the commissioner of revenue according
to his best information and belief; and any appropriation, grant, gift, or other
contribution explicitly made to said fund at any time, and any income derived
from the investment of amounts credited to said fund.
Floor Number: 345 Clerk Number: 234
COMMERCIAL PROPERTY TAX EXEMPTION
Ms.
Walsh moves to amend the bill by inserting, after Section ____, the following
new Section: -
"SECTION ____. Chapter 59 of the General Laws, as appearing
in the 2002 Official Edition, is hereby amended by adding the following section:
-
Section 5L. With respect to each parcel of real property classified as Class
Three, commercial, or Class Four, industrial, in each city or town certified by
the commissioner to be assessing all property at its full and fair cash valuation,
and at the option of the board of selectmen or mayor, with the approval of the
city council, as the case may be, there shall be an exemption equal to not more
than $1,000,000 of assessed value of all Class Three, commercial, and Class Four,
industrial, parcels within such city or town. This exemption shall be in addition
to any exemptions allowable under section 5; provided, however, that in no instance
shall the taxable valuation of such property after all applicable exemptions be
reduced below 70 per cent of its full and fair cash valuation.
Where, under
the provisions of section 5, the exemption is based upon an amount of tax rather
than on valuation, the reduction of taxable valuation for purposes of the preceding
sentence shall be computed by dividing the said amount of tax by the commercial
and industrial class tax rate of the city or town and multiplying the result by
$1,000. For purposes of this paragraph, "parcel" shall mean a unit of
real property as defined by the assessors in accordance with the deed for such
property and shall include a condominium unit.
The value of exemptions granted
under this section shall be borne by the combined value of class three commercial
property and class four industrial property.
In those cities and towns in
which an exemption is made available hereunder, a taxpayer aggrieved by the failure
to receive such exemption may apply for such exemption to the assessors, in writing,
on a form approved by the commissioner within 3 months after the date on which
the bill or notice of assessment was sent.
A timely application filed hereunder
shall, for the purposes of this chapter, be treated as a timely filed application
pursuant to section 59."
Floor Number: 346 Clerk Number: 236
MEALS TAX
Mr. Rosenberg moves
to amend the bill by inserting, after Section ___, the following new Section:-
"SECTION
___. Chapter 64H of the General Laws is hereby amended by inserting after section
2 the following section:-
Section 2B. A city or town that accepts this section
in the manner provided in section 4 of chapter 4 may impose an excise on the sale
of meals at the rate of not more than 3 per cent of the total price of the meal.
The vendor shall pay the excise to the commissioner at the same time and in the
same manner as he pays the excise due to the commonwealth. All sums received by
the commissioner under this section as excise, penalties or forfeitures, interest,
costs of suit and fines shall, at least quarterly, be distributed, credited
And
paid by the state treasurer upon certification of the commissioner to each city
or town that has accepted this section in proportion to the amount of the sums
received from the sale of meals in each such city or town. This section shall
take effect in a city or town on the first day of the calendar quarter following
30 days after its acceptance or on the first day of the later calendar quarter
as the city or town may designate; but if the day so
designated is less than
15 days after acceptance, it shall take effect on the first day of the second
calendar month following acceptance. The city or town, in accepting this section,
shall establish the rate of the excise, and shall not revoke, reimpose or change
the rate of the excise provided for in this section more often than once in a
12-month period."
Floor Number: 347 Clerk Number: 251
Collection of Local Taxes
Mr.
Rosenberg and Ms. Fargo move to amend the bill by inserting, after Section ___,
the following new Sections:-
"SECTION ___. Section 15 of Chapter 60 of
the General Laws, as appearing in the 2002 Official Edition, is hereby amended
by striking out, in line , the words "five dollars" and inserting in
place thereof the figure:- $10." [clause 2-demand]
"SECTION ___.
Section 23 of said Chapter 60, as so appearing, is hereby amended by striking
out, in line , the words:- "twenty-five dollars" and inserting in place
thereof the figure:- $50."
"SECTION ___. Section 23B of said Chapter
60, as so appearing, is hereby amended by striking out, in line 6, in line 9,
in line 11, and in lines 13 and 14, the words:- "twenty-five dollars"
and inserting in place thereof the figure:- $50."
"SECTION ___.
Section 23B of said Chapter 60, as so appearing, is hereby further amended by
striking out, in lines 15 and 16, the words:- "one hundred dollars"
and inserting in place thereof the figure:- $125."
"SECTION ___.
Section 23B of said Chapter 60, as so appearing, is hereby further amended by
striking out, in line 18, the words:- "one hundred and fifty dollars"
and inserting in place thereof the figure:- $175."
"SECTION ___.
Section 23B of said Chapter 60, as so appearing, is hereby further amended by
striking out, in lines 19 and 20, the words:- "fifty dollars" and inserting
in place thereof the figure:- $75."
"SECTION ___. Section 62 of
said Chapter 60, as so appearing, is hereby amended by striking out, in lines
19 through 22, the words:- ",each of which except the last, shall be in an
amount of not less than twenty-five per cent of the sum for which the land was
originally sold" and by striking out, in lines 34 through 37, the words:-
", for a period not exceeding one year beyond the time period provided by
section sixty-five; but not more than one such extension shall be granted"
and inserting in place thereof the words: - ", for a period not exceeding
two years beyond the time period provided by section sixty-five. "
Floor Number: 348 Clerk Number: 318
BOND PREMIUMS
Mr.
Brewer moves to amend the bill by adding the following new Section:-
SECTION
___. Section 33 of Chapter 46 of the Acts of 2003 is hereby amended by inserting
after the words "computing the debt exclusion" the following:-
",
with the exception of premiums in excess of $500,000 received prior to January
1, 2003 by communities with a population not greater than ten thousand."
Floor Number: 349 Clerk Number: 388
IMPROVING THE FISCAL STABILITY OF THE COMMONWEALTH
Ms. Wilkerson moves to amend the bill by inserting after Section 118 the following new Sections: --
"SECTION ___. Section 2 of chapter 64H of the General Laws is hereby amended by striking the word "five" and inserting in place thereof the word: = "six"
SECTION ___. Chapter 64H of the General Laws is hereby amended by striking section 4 and inserting in place thereof the following new section:
"Section
4. For the purpose of adding and collecting the tax imposed by this chapter, or
an amount equal as nearly as possible or practicable to the average equivalent
thereof, to be reimbursed to the vendor by the purchaser, the following formula
shall be in force and effect as follows:--
Amount of Sale Amount of Tax
$0.01
to $0.17 inclusive .......................………. 1 cent
$0.18
to $0.33 inclusive .......................………. 2 cents
$0.34
to $0.50 inclusive .......................………. 3 cents
$0.51
to $0.66 inclusive .......................………. 4 cents
$0.67
to $0.83 inclusive .......................………. 5 cents
$0.84
to $1.00 inclusive .......................………. 6 cents
In addition to a tax of six cents on each full dollar, a tax shall be collected
on each part of a dollar in excess of a full dollar in accordance with the above
formula.""
Floor Number: 350 Clerk Number: 502
PRINTING ALL OVERDUE TAXES AND CHANGES ON EVERY TAX BILL
Ms. Fargo moves to amend the bill by inserting, after Section__, the
following new Section: -
"SECTION__. Section 57 of Chapter 59 of the General
Laws, as most recently amended by Section 52 of the Acts of 2003, is hereby amended
by striking out the last sentence of the first paragraph and inserting in place
thereof the following new sentence: A real estate tax bill sent out for fiscal
year 2006 or any subsequent period pursuant to this section shall contain a statement
that there exists a delinquency if any tax, betterment assessment or apportionment
thereof, water rate, annual sewer use, or other charge which may constitute a
lien is overdue more than 90 days.