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Floor Number: 1 Clerk Number: 46

FILM TAX CREDIT

Messrs. Lees, Tisei, Tarr, Knapik and Brown moved that the bill be amended, in Section 2, in item 1201-0100, by inserting at the end thereof the following:- "provided further, that the department shall institute a tax credit for entities engaged in the production of motion pictures; provided further, said tax credit shall be offered to only those entities that produce motion pictures in the Commonwealth; provided further, said tax credit shall include provisions to waive the sales tax on goods bought and used in the Commonwealth; provided further, said tax credit shall be comparable to tax incentives offered in other states; provided further, the commissioner shall report to the house and senate ways and means committees no later than September 15, 2005 on the status of the implementation of the tax credit; provided further, said tax credit shall be effective on January 1, 2006."

Floor Number: 2Clerk Number: 4

TIF DATE CORRECTION

Ms. Resor moves that the bill be amended by inserting after section 13 the following new section:

"SECTION 13A. The last paragraph of subsection (a) of section 38N of chapter 63 of the General Laws, as added by section 45 of Chapter 262 of the Acts of 2004, is hereby amended by striking out the following words, "January 1, 2000 and inserting in place thereof the following words:- January 1, 2005."

Floor Number: 3 Clerk Number: 47

FILM TAX CREDIT II

Messrs. Lees, Tisei, Tarr, Knapik and Brown moved that the bill be amended by inserting, after Section ___, the following new section:-

“SECTION ___. Chapter 64H of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting thereafter the following new chapter:-

Chapter 64H ½ .

DEFINITIONS.

The following words and phrases when used in this section shall have the following meanings unless the context clearly indicates otherwise:

“Department” shall mean The Department of Revenue of the Commonwealth.

“Film” The term includes a feature film, a television series and a television show of 15 minutes or more in length, intended for a national audience. The term does not include a production featuring news, current events, weather and market reports, or public programming, talk show, game show, sports event, awards show or other gala event, a production that solicits funds, a production that primarily markets a product or service, a production containing obscene material or performances as defined by law, or a production primarily for private, industrial, corporate or institutional purposes. The Massachusetts Film Bureau will establish specific guidelines together with a certification process that will guide the selection and evaluation of film and television projects that are eligible for the Film Production Tax Credit.

“Film Production Tax Credit” shall mean the credit provided under this Act for the production of the Film.

“Pass-Through Entity” shall mean a partnership taxable in the Commonwealth under M.G.L. c. 62, Section 17 or an S-corporation taxable under M.G.L. c. 62, Section 17a.

“Massachusetts Production Expense” shall mean a production expense for the Film clearly and demonstrably incurred in the Commonwealth.

“Production Expense(s)” shall mean an expense incurred in the production of the Film. Said term includes wages and salaries paid to individuals employed in the production of the Film; the costs of construction, operations, editing, photography, sound synchronization, lighting, wardrobe and accessories; and the cost of purchase or rental of facilities and equipment. The term does not include expenses incurred in marketing or advertising the Film.

“Qualified Film Production Expense(s)” shall mean a Massachusetts Production Expense if at least 50% of the total production expenses of the Film are Massachusetts Production Expenses.

“Qualified Tax Liability” shall mean the liability for taxes imposed on any natural person or entity under M.G.L. c. 62 Or M.G.L. c. 63.

“Taxpayer” shall mean an entity engaged in the making of the Film, including but not limited to any partnership or S-corporation.

CREDIT FOR QUALIFIED FILM PRODUCTION EXPENSES.

(A) General Rule.--A Taxpayer who incurs a Qualified Film Production Expense in a taxable year shall be allocated a Film Production Tax Credit as provided in this Act.

(B) Amount of Film Production Tax Credit.--A Taxpayer shall receive a Film Production Tax Credit for the taxable year in the amount of 20% of the Qualified Film Production Expenses incurred in such year; provided, however, that the maximum amount of Film Production Tax Credits allocable to all Taxpayers in all years with respect to the Film shall not exceed the cumulative amount of $2 million.

CARRYOVER, CARRYBACK, REFUND AND ASSIGNMENT OF CREDIT.

(A) General Rule.--If a Taxpayer cannot use the entire amount of the Film Production Tax Credit for the taxable year in which the Film Production Tax Credit first becomes available under Section 2 of this Act, then the excess may be carried over to succeeding taxable years and used as a credit against the Qualified Tax Liability of the Taxpayer for those taxable years. Each time that the Film Production Tax Credit is carried over to a succeeding taxable year, it shall be reduced by the amount that was used as a credit during the immediately preceding taxable year. The Film Production Tax Credit provided by this Act may be carried over and applied to succeeding taxable years for no more than five taxable years following the first taxable year for which the taxpayer was entitled to claim the credit.

(B) No Carryback.--A Taxpayer is not entitled to carry back or obtain a refund of an unused Film Production Tax Credit.

DETERMINATION OF QUALIFIED FILM PRODUCTION

Expenses.--In determining which Production Expenses are considered Qualified Film Production Expenses for purposes of computing the credit provided by this Act, the Department shall consider:

(1) The location where the services are performed.

(2) The residence or business location of the person or persons performing the service.

(3) The location where Qualified Film Production Expenses are consumed.

(4) Other factors established in regulations by the Department which are necessary for determination.

TIME LIMITATIONS.

(A) Taxpayer is not entitled to a Film Production Tax Credit for Qualified Film Production Expenses incurred in taxable years ending after December 31, 2006.

REGULATIONS.

The Department may promulgate regulations necessary for the implementation and administration of this Act.”

Floor Number: 4 Clerk Number: 366

DEPARTMENT OF REVENUE I

Mr. Lees, Tarr, Hedlund, Knapik and Brown moved that the bill be amended by inserting, after Section ____, the following new Sections:-

“SECTION _____. Section 13 of chapter 186 of the Acts of 2002 is hereby repealed.

SECTION ___. Subsection (a) of section 3 of chapter 62 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out subdivision (13) in its entirety and inserting in place thereof the following subdivision:—

(13) An amount equal to the amount of the charitable contribution deduction allowed or allowable to the taxpayer under section 170 of the Code; provided, however, that, in taxable years beginning on or after January 1, 2004, no such deduction shall be allowed in any taxable year unless the personal exemptions provided in subparagraph (A) of subdivision (1) of subsection (b) of this section, subparagraph (A) of subdivision (1A) of subsection (b) of this section, and subparagraph (A) of subdivision (2) of subsection (b) of this section for such taxable year are the maximum allowable amounts set forth in said subparagraphs; and provided further, that notwithstanding said section 170 of the Code, no deduction shall be allowed for contributions of household goods or used clothing, as those items are recognized under said section 170 of the Code. All requirements, conditions and limitations applicable to charitable contributions under the Code shall apply for purposes of determining the amount of the deduction under this subparagraph, except that taxpayers shall not be required to itemize their deductions in their federal income tax returns.

SECTION ______. Section 4 of chapter 62 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out paragraph (b) and inserting in place thereof the following:-

(b) Part B taxable income shall be taxed at the rate of 5.2 per cent for tax years beginning on or after January 1, 2006.

SECTION _____. Section 4 of chapter 62 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out paragraph (b) and inserting in place thereof the following:-

(b) Part B taxable income shall be taxed at the rate of 5.1 per cent for tax years beginning on or after January 1, 2007.

SECTION _____. Section 4 of chapter 62 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out paragraph (b) and inserting in place thereof the following:-

(b) Part B taxable income shall be taxed at the rate of 5.0 per cent for tax years beginning on or after January 1, 2008.

SECTION_____. The preceding three Sections shall become effective on January 1, 2006, January 1, 2007, and January 1, 2008, respectively.”

Floor Number: 5 Clerk Number: 376

DEPARTMENT OF REVENUE II

Mr. Lees, Hedlund, Knapik and Brown moved that the bill be amended by inserting, after Section ___, the following new Section:-

"SECTION ___. Subsection (a) of section 3 of chapter 62 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out subdivision (13) in its entirety and inserting in place thereof the following subdivision:- (13) An amount equal to the amount of the charitable contribution deduction allowed or allowable to the taxpayer under section 170 of the Code; provided, however, that, in taxable years beginning on or after January 1, 2004, no such deduction shall be allowed in any taxable year unless the personal exemptions provided in subparagraph (A) of subdivision (1) of subsection (b) of this section, subparagraph (A) of subdivision (1A) of subsection (b) of this section, and subparagraph (A) of subdivision (2) of subsection (b) of this section for such taxable year are the maximum allowable amounts set forth in said subparagraphs; and provided further, that notwithstanding said section 170 of the Code, no deduction shall be allowed for contributions of household goods or used clothing, as those items are recognized under said section 170 of the Code. All requirements, conditions and limitations applicable to charitable contributions under the Code shall apply for purposes of determining the amount of the deduction under this subparagraph, except that taxpayers shall not be required to itemize their deductions in their federal income tax returns.

SECTION ___. Section 4 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out subsection (b) in its entirety and inserting in place thereof the following subsection:- (b) Part B taxable income shall be taxed at the rate of 5 per cent for taxable years beginning on or after January 1, 2007."

Floor Number: 6 Clerk Number: 403

HOUSE LANGUAGE

Mr. Lees moved that the bill be amended by inserting after Section ___, the following Sections:

“SECTION ___. Subsection (a) of section 3 of chapter 62 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out subdivision (13) in its entirety and inserting in place thereof the following subdivision:—

(13) An amount equal to the amount of the charitable contribution deduction allowed or allowable to the taxpayer under section 170 of the Code; provided, however, that, in taxable years beginning on or after January 1, 2004, no such deduction shall be allowed in any taxable year unless the personal exemptions provided in subparagraph (A) of subdivision (1) of subsection (b) of this section, subparagraph (A) of subdivision (1A) of subsection (b) of this section, and subparagraph (A) of subdivision (2) of subsection (b) of this section for such taxable year are the maximum allowable amounts set forth in said subparagraphs; and provided further, that notwithstanding said section 170 of the Code, no deduction shall be allowed for contributions of household goods or used clothing, as those items are recognized under said section 170 of the Code. All requirements, conditions and limitations applicable to charitable contributions under the Code shall apply for purposes of determining the amount of the deduction under this subparagraph, except that taxpayers shall not be required to itemize their deductions in their federal income tax returns.

Notwithstanding any special or general law to the contrary, the provisions of this section shall not take effect until such time as the department of revenue has furnished a study of their impact on the state’s economy and the revenue cost to the commonwealth and its cities and towns, including, but not limited to, a distributional analysis showing the impact on taxpayers of varying income levels, the current practice of other states, any anticipated change in employment, and ancillary economic activity, to the Joint Committee on Revenue, and, without the further approval of the House and Senate Committees on Ways and Means

SECTION ___. Section 4 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out subsection (b) in its entirety and inserting in place thereof the following subsection:—

(b) Part B taxable income shall be taxed at the rate of 5 per cent for taxable years beginning on or after January 1, 2007.

Notwithstanding any special or general law to the contrary, the provisions of this section shall not take effect until such time as the department of revenue has furnished a study of their impact on the state’s economy and the revenue cost to the commonwealth and its cities and towns, including, but not limited to, a distributional analysis showing the impact on taxpayers of varying income levels, the current practice of other states, any anticipated change in employment, and ancillary economic activity, to the Joint Committee on Revenue, and, without the further approval of the House and Senate Committees on Ways and Means.”.

Floor Number: 7 Clerk Number: 584

BROWNFIELDS TAX CREDIT

Mr. Tarr moved that the bill be amended by inserting, after section 109, the following new section: -

“SECTION___. Section 6 of chapter 62 of the General Laws, as appearing, is hereby amended by striking out subsection j(1) and inserting:--

(j)(1) A taxpayer who commences and diligently pursues an environmental response action and who achieves and maintains a permanent solution or remedy operation status in compliance with chapter 21E and the regulations promulgated thereunder which includes an activity and use limitation shall, at the time such permanent solution or remedy operation status is achieved, be allowed a base credit of 25 per cent of the net response and removal costs incurred on or after August 1, 1998 for any property it owns or leases for business purposes and which is located within an economically distressed area as defined in section 2 of chapter 21E. Such costs shall be not less than 15 per cent of the assessed value of the property prior to remediation and the site shall be reported to the department of environmental protection. A credit of 50 per cent of such costs shall be allowed for any such taxpayer who achieves and maintains a permanent solution or remedy operation status in compliance with chapter 21E and the Massachusetts Contingency Plan at 310 CMR 40.00, as amended, which does not include an activity and use limitation. Only a taxpayer that is an eligible person, as defined by section 2 of chapter 21E, and not subject to any enforcement action brought pursuant to chapter 21E shall be allowed a credit.

Any credit allowed under this subsection may be taken only after a response action outcome statement or remedy operation status submittal has been filed with the department of environmental protection as set forth in the Massachusetts Contingency Plan at 310 CMR 40.00, as amended.

SECTION 2. Section 38Q of chapter 63 of the General Laws, as appearing, is hereby amended by striking out paragraph (a) and inserting the following new paragraph:--

(a) A domestic or foreign corporation or limited liability corporation which commences and diligently pursues an environmental response action and which achieves and maintains a permanent solution or remedy operation status in compliance with chapter 21E and the regulations promulgated thereunder which includes an activity and use limitation shall, at the time such permanent solution or remedy operation status is achieved, be allowed a base credit of 25 per cent of the net response and removal costs incurred on or after August 1, 1998 for any property it owns or leases for business purposes and which is located within an economically distressed area as defined in section 2 of chapter 21E; provided, however that these costs shall be no less than 15 per cent of the assessed value of the property prior to remediation provided further that the site was reported to the department of environmental protection; and provided further, that a credit of 50 per cent of such costs shall be allowed for any such corporation which achieves and maintains a permanent solution or remedy operation status in compliance with chapter 21E and the Massachusetts Contingency Plan provided in 310 CMR 40.00, as amended, which does not include an activity and use limitation. Only a domestic or foreign corporation, or limited liability corporation that is an eligible person, as defined by section 2 of chapter 21E, and not subject to any enforcement action brought pursuant to chapter 21E shall be allowed a credit.

Any credit allowed under this subsection may be taken only after a response action outcome statement or remedy operation status submittal has been filed with the department of environmental protection as set forth in said Massachusetts Contingency Plan.

Floor Number: 8 Clerk Number: 624

GAMING IN THE COMMONWEALTH

Ms. Wilkerson moved that the bill be amended, by adding after Section 109, the following new section 110:

SECTION 110. The 2002 Official Edition of the General Laws is hereby amended by inserting after chapter 10 the following new chapter: --

CHAPTER 10A. The Massachusetts Gaming Control Law

Section 1. This chapter may be known and cited as the Massachusetts Gaming Control Act.

Section 2. The Legislature hereby finds and declares to be the public policy of this commonwealth that:

(a) The controlled and measured introduction of slot machines can enhance the travel and tourism industry of the commonwealth, serve as a vitally important aspect of the economy of the commonwealth, and increase the general welfare of the residents of the commonwealth;

(b) The success of gaming is dependent upon public confidence and trust that licensed gaming is conducted honestly and competitively, that establishments which hold licenses to operate slot machines, where gaming is conducted does not unduly impact the quality of life enjoyed by residents of the surrounding communities, and that gaming is free from criminal and corruptive elements;

(c) Public confidence and trust can only be maintained by strict regulation of all persons, locations, and activities related to the operation of licensed gaming establishments;

(d) All establishments where gaming is conducted and where slot machines are operated must therefore be licensed, controlled and assisted to protect the public health, safety, morals, good order and general welfare of the inhabitants of the commonwealth and to foster the stability and success of gaming in the Commonwealth of Massachusetts; and

(e) To ensure that gaming is conducted honestly, competitively and free of criminal and corruptive elements, all gaming establishments in this state must remain open to the general public and the access of the general public to gaming activities must not be restricted in any manner except as provided by the Legislature.

Section 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in this section shall have the meanings ascribed to them.

“Applicant”, a person who has applied for or is about to apply for a state gaming license under the provisions of this chapter;

“Application”, a request for the issuance of a state gaming license under the provisions of this chapter;

"Approved," "approval" or "approve", when used in reference to an application submitted to the Massachusetts Gaming Control Board to authorize and regulate the placement and operation of slot machines;

"Associated equipment", any equipment or mechanical, electromechanical or electronic contrivance, component or machine used in connection with gaming, including linking devices which connect to progressive slot machines or slot machines, replacement parts, equipment which affects the proper reporting of gross revenue, computerized systems for controlling and monitoring slot machines, including, but not limited to, the central control computer and devices for weighing or counting money.

"Background investigation", a security, criminal, credit and suitability investigation of a person as provided for in this chapter. The investigation shall include the status of taxes owed to the United States and to the commonwealth and its political subdivisions.

“Board”, the Massachusetts Gaming Control Board as established by this chapter.

“Board member”, a member of the Massachusetts Gaming Control Board.

"Central control computer", a central site computer controlled by the Department of revenue and accessible by the Massachusetts Gaming Control Board to which all slot machines communicate for the purpose of auditing capacity, real-time information retrieval of the details of any financial event that occurs in the operation of a slot machine, including, but not limited to, coin in, coin out, ticket in, ticket out, jackpots, machine door openings and power failure, and remote machine activation and disabling of slot machines.

"Cheat", to alter without authorization the elements of chance, method of selection or criteria which determine:

• The result of a slot machine game.
• The amount or frequency of payment in a slot machine game.
• The value of a wagering instrument.
• The value of a wagering credit.

The term does not include altering for required maintenance and repair.

“Credit card”, a card, code or other device with which a person may defer payment of debt, incur debt and defer its payment, or purchase property or services and defer payment therefor, but does not include a card, code or other device used to activate a preexisting agreement between a person and a financial institution to extend credit when the person’s account at the financial institution is overdrawn or to maintain a specified minimum balance in the person’s account at the financial institution.

“Credit instrument”, a writing which evidences a gaming debt owed to a person who holds a gaming license at the time the debt is created, and includes any writing taken in consolidation, redemption or payment of a previous credit instrument.

“Debit instrument”, a card, code or other device with which a person may initiate an electronic transfer of money to a gaming device.

"Department", the Massachusetts department of revenue.

“Electronic transfer of money”, any transfer of money, other than a transaction initiated by a check, draft or other similar instrument, that is initiated through an electronic terminal, telephone, computer or magnetic tape for the purpose of ordering, instructing or authorizing a financial institution or person holding an account on behalf of another to debit or credit an account.

"Fund", the Massachusetts State Gaming Fund.

"Gaming employee", any employee of a slot machine licensee, including, but not limited to:

• Cashiers.
• Change personnel.
• Counting room personnel.
• Slot attendants.
• Hosts or other persons authorized to extend complimentary services.
• Machine mechanics or computer machine technicians.
• Security personnel.
• Surveillance personnel.
• Supervisors and managers.

The term shall also include employees of a person holding a supplier's license whose duties are directly involved with the repair or distribution of slot machines and associated equipment sold or provided to the licensed gaming establishment within this commonwealth as determined by the Massachusetts Gaming Control Board. The term does not include bartenders, cocktail servers or other persons engaged solely in preparing or serving food or beverages, clerical or secretarial personnel, parking attendants, maids, janitorial, stage, sound and light technicians and other nongaming personnel as determined by the Board.

"Gross terminal revenue", the total of wagers received by a slot machine minus the total of:

• Cash or cash equivalents paid out to patrons as a result of playing a slot machine which are paid to patrons either manually or paid out by the slot machine and
• Cash paid to purchase annuities to fund prizes payable to patrons over a period of time as a result of playing a slot machine.

The term does not include counterfeit money or tokens, coins or currency of other countries which are received in slot machines, except to the extent that they are readily convertible to united states currency, cash taken in fraudulent acts perpetrated against a licensee for which the licensee is not reimbursed or cash received as entry fees for contests or tournaments in which the patrons compete for prizes.

“Hearing examiner”, a person employed by the Massachusetts Gaming Control Board or other person authorized by said Board to conduct investigations on behalf of said Board.

"Issued," "issuance" or "issue", when used in reference to an application submitted to the Massachusetts Gaming Control Board to authorize the placement and operation of slot machines.

"Licensed entity", a licensed gaming establishment, manufacturer licensee, supplier licensee or other person licensed by the Massachusetts Gaming Control Board pursuant to this chapter.

“Licensed gaming establishment”, the physical land based location and associated areas that is licensed to operate slot machines pursuant to the provisions of this chapter.

“Licensee”, the person licensed to operate slot machines in a licensed gaming establishment.

"Manufacturer", a person who manufactures, builds, rebuilds, fabricates, assembles, produces, programs, designs or otherwise makes modifications to any slot machine or associated equipment for use or play of slot machines in this commonwealth for gaming purposes.

"Manufacturer license", a license issued by the Massachusetts Gaming Control Board authorizing a manufacturer to manufacture or produce slot machines or associated equipment for use in this commonwealth for gaming purposes.

"Manufacturer licensee", a manufacturer that obtains a manufacturer license.

"Occupation permit", a permit authorizing an individual to be employed or work as a gaming employee at a licensed facility.

"Permittee", a holder of a permit issued pursuant to this part.

"Progressive payout", a slot machine wager payout that increases in a monetary amount based on the amounts wagered in a progressive system.

“Qualified restaurant”, a restaurant that has (1) a seating capacity not less than 250 persons and (2) a gaming area set aside from the area used for dining for the purpose of operating slot machines.

“Resort hotel”, any building or group of buildings that is maintained as and held out to the public to be a hotel where sleeping accommodations are furnished to the transient public for a nightly fee and that has:

• More than 200 rooms available for sleeping accommodations;
• At least one bar with permanent seating capacity for a minimum of 30 patrons that serves alcoholic beverages sold by the drink for consumption on the premises;
• At least one restaurant with permanent seating capacity for a minimum of 50 patrons that is open to the public seven days each week; and
• A gaming area set aside for the purpose of operating slot machines within the building or group of buildings.

“Respondent”, any licensee or other person against whom a complaint has been filed with the Massachusetts Gaming Control Board.

"Restaurant'', space, in a suitable building, leased or rented or owned by a person holding a duly issued and valid license as a common victualler under the provisions of chapter one hundred and forty, and provided with adequate and sanitary kitchen and dining room equipment and capacity for preparing, cooking and serving suitable food for strangers, travelers and other patrons and customers, and in addition meeting and complying with all the requirements imposed upon common victuallers under said chapter one hundred and forty.

"Slot machine", any mechanical or electrical contrivance, terminal, machine or other device approved by the Massachusetts State Gaming Conrol Board which, upon insertion of a coin, bill, ticket, token or similar object therein or upon payment of any consideration whatsoever, including the use of any electronic payment system except a credit card or debit card, is available to play or operate, the play or operation of which, whether by reason of skill or application of the element of chance, or both, may deliver or entitle the person or persons playing or operating the contrivance, terminal, machine or other device to receive cash, billets, tickets, tokens or electronic credits to be exchanged for cash or to receive merchandise or anything of value whatsoever, whether the payoff is made automatically from the machine or manually. A slot machine:

• May utilize spinning reels or video displays, or both.
• May or may not dispense coins, tickets or tokens to winning patrons.
• May use an electronic credit system for receiving wagers and making payouts.

The term shall include associated equipment necessary to conduct the operation of the contrivance, terminal, machine or other device.

"Slot machine license", a license issued by the Massachusetts Gaming Control Board authorizing a person to place and operate slot machines pursuant to this Chapter and the regulations promulgated by said Massachusetts Gaming Control Board.

“Slot machine license fees”, any money required by law to be paid to obtain or renew a slot machine license.

"Slot machine licensee", a person or the Massachusetts convention center authority that has been issued a slot machine license.

"State treasurer", the Massachusetts state treasurer.

"Supplier", a person that sells, leases, offers or otherwise provides, distributes or services any slot machine or associated equipment for use or play of slot machines in this commonwealth.

"Supplier license", a license issued by the Massachusetts Gaming Control Board authorizing a supplier to provide products or services related to slot machines or associated equipment to slot machine licensees.

"Supplier licensee", a supplier who holds a supplier license.

Section 4. The Attorney General and his deputies shall serve as legal advisers for the Massachusetts Gaming Control Board and shall represent the Board in any proceeding to which it is a party.

MASSACHUSETTS GAMING CONTROL BOARD

Section 5. There shall be, in the office of the state treasurer, a Massachusetts Gaming Control Board, hereinafter called the Board, consisting of the state treasurer, the secretary of public safety or his designee, the state comptroller or his designee, and two persons to be appointed by the governor for terms coterminous with that of the governor. No more than four members of the Board shall be of the same political party.

The state treasurer shall be the chairman of the Board. Upon the expiration of the term of office of an appointive member, his successor shall be appointed in like manner, and shall serve until the qualification of his successor. Any vacancy in the case of appointive members of the Board, occurring for any reason other than the expiration of a term, shall be filled for the unexpired term in the same manner as the original appointment. The members of the Board shall serve without compensation but shall be reimbursed for their expenses actually and necessarily incurred in the discharge of their official duties. The Board shall be provided with quarters in the state house or elsewhere and may travel within and without the commonwealth.

Section 6. The Board shall have the following general and specific powers:

(A) General powers: The Board shall have general jurisdiction over all gaming activities as described in this chapter. The Board shall be responsible to ensure the integrity of the acquisition and operation of slot machines and associated equipment and shall have jurisdiction over every aspect of the authorization and operation of slot machines. The Board shall employ an executive director, chief counsel, deputies, secretaries, officers, hearing officers and agents as it may deem necessary, who shall serve at the Board's pleasure.

The Board shall also employ other employees as it deems appropriate whose duties the Board shall determine. In order to ensure the ability of the Board to recruit and retain individuals necessary to execute its responsibilities under this part, the Board shall set the classification and compensation of its employees; provided, that said classification and compensation shall be consistent with the policies and practice of the office of the state treasurer.

(b) Specific powers: The Board shall have the following specific powers and duties:

• To require background investigations on prospective or existing licensees or permittees under the jurisdiction of the Board.
• For purposes of the background investigation, the Board may receive information from the criminal history systems Board.
• At its discretion, to issue, approve, renew, revoke, suspend, condition or deny issuance or renewal of slot machine licenses.
• At its discretion, to issue, approve, renew, revoke, suspend, condition or deny issuance or renewal of supplier and manufacturer licenses.
• At its discretion, to issue, approve, renew, revoke, suspend, condition or deny issuance or renewal of occupation permits.
• At its discretion, to issue, approve, renew, revoke, suspend, condition or deny issuance or renewal of any additional licenses or permits which may be required by the Board pursuant to this chapter or by regulation.
• At its discretion, to suspend, condition or deny the issuance or renewal of any license or permit or levy fines or other sanctions for any violation of this chapter.
• To require applicants for licenses and permits to submit to fingerprinting by the Massachusetts state police. The Massachusetts state police shall submit the fingerprints to the federal bureau of investigation for purposes of verifying the identity of the applicants and obtaining records of criminal arrests and convictions.
• In addition to the power of the Board regarding license and permit applicants, to determine at its discretion the suitability of any person who furnishes or seeks to furnish to a slot machine licensee directly or indirectly any services or property related to slot machines or associated equipment or through any arrangements under which that person receives payment based directly or indirectly on earnings, profits or receipts from the slot machines and associated equipment. The Board may require any such person to comply with the requirements of this chapter and the regulations of the Board and may prohibit the person from furnishing the services or property.
• As a Board and through its designated officers, employees or agents, to administer oaths, examine witnesses and issue subpoenas to compel attendance of witnesses and production of all relevant and material reports, books, papers, documents and other evidence.
• Except for contracts related to the central control computer and such other contracts as the Board, in consultation with the secretary of administration and finance, determines would result in substantial savings to the Board if entered into for a longer period than provided herein, all contracts entered into by the Board during the two-year period following the effective date of this part shall not exceed a term of two years.
• The Board shall not issue or renew a license or permit unless it is satisfied that the applicant is a person of good character, honesty and integrity and is a person whose prior activities, criminal record, if any, reputation, habits and associations do not pose a threat to the public interest or the effective regulation and control of slot machine operations or create or enhance the danger of unsuitable, unfair or illegal practices, methods and activities in the conduct of slot machine operations or the carrying on of the business and financial arrangements incidental thereto.
• To create a bureau of investigations and enforcement within the Board. The Board shall promulgate regulations pertaining to the operation of the bureau which shall insure separation of functions between the bureau and the Board. The Board shall provide the employees necessary to the bureau for enforcement of this part.

Section 7. The Board shall have the following duties and responsibilities:

• The Board shall cause to be made and kept a record of all proceedings at regular and special meetings of the Board. These records shall be open to public inspection.
• The Board shall maintain a file of all applications for licenses under this chapter together with a record of all action taken with respect to those applications. The file and record shall be open to public inspection.
• The Board may maintain such other files and records as it may deem desirable.
• Except as otherwise provided in this section all information and data (a) required by the Board to be furnished to it under this chapter or which may be otherwise obtained relative to the finances, earnings or revenue of any applicant or licensee; (b) pertaining to an applicant’s criminal record, antecedents and background which have been furnished to or obtained by the Board from any source; (c) provided to the members, agents or employees of the Board by a governmental agency or an informer or on the assurance that the information will be held in confidence and treated as confidential; or (d) prepared or obtained by an agent or employee of the Board relating to an application for a license, a finding of suitability or any approval that is required pursuant to the provisions of this chapter, shall be kept confidential and may be revealed in whole or in part only in the course of the necessary administration of this chapter or upon the lawful order of a court of competent jurisdiction. The Board may reveal such information and data to an authorized agent of any agency of the United States government, any state or any political subdivision of a state or the government of any foreign country. Notwithstanding any other provision of state law, the Board may not otherwise reveal such information without specific authorization.
• Notice of the content of any information or data furnished or released pursuant to thi section may be given to any applicant or licensee in a manner prescribed by regulations adopted by the Board.

Section 8.The provisions of this chapter with respect to slot machine licenses must be administered by the Board, which shall administer said provisions for the protection of the public and in the public interest in accordance with the policy of this state. In fulfillment of this charge, the Board and its agents may:

• Inspect and examine all premises wherein gambling devices are operated.
• Inspect all such gaming devices upon or about such premises.
• Summarily seize and remove from such premises and impound slot machines, documents or records for the purpose of examination and inspection.
• Demand access to and inspect, examine, photocopy and audit all papers, books and records of any applicant or licensee, on his premises, or elsewhere as practicable, and in the presence of the applicant or licensee, or his agent, respecting the gross income produced by any gaming device, and require verification of income, and all other matters affecting the enforcement of the policy or any of the provisions of this chapter.

For the purpose of conducting audits after the cessation of gaming by a licensee, said licensee shall furnish, upon demand of an agent of the Board, books, papers and records as necessary to conduct the audits. Said licensee shall maintain all books, papers and records necessary for audits for 1 year after the date of the surrender or revocation of his gaming license. If the licensee seeks judicial review of a deficiency determination or files a petition for a redetermination, he must maintain all books, papers and records until a final order is entered on the determination.

The Board may investigate, for the purpose of prosecution, any suspected criminal violation of the provisions of this chapter.

The Board shall have full power and authority to issue subpoenas and compel the attendance of witnesses at any place within this state, to administer oaths and to require testimony under oath. Any process or notice may be served in the manner provided for service of process and notices in civil actions. The Board may pay such transportation and other expenses of witnesses as it may deem reasonable and proper. Any person making false oath in any matter before the Board is guilty of perjury. The Board may appoint hearing examiners who may administer oaths and receive evidence and testimony under oath.

Section 9.  The Board shall investigate the qualifications of each applicant under this chapter before any license is issued or any registration, finding of suitability or approval of acts or transactions for which Board approval is required or permission is granted, and shall continue to observe the conduct of all licensees and other persons having a material involvement directly or indirectly with a licensed gaming operation to ensure that licenses are not issued or held by, nor is there any material involvement directly or indirectly with a licensed gaming operation by unqualified, disqualified or unsuitable persons, or persons whose operations are conducted in an unsuitable manner or in unsuitable or prohibited places or locations.

The Board has full and absolute power and authority to deny any application or to limit, condition or restrict any license, to suspend or revoke any license, or to impose a fine upon any person licensed for an infraction of the provisions of this chapter or regulations promulgated pursuant to the provisions of this chapter.

Section 10.  The Board shall initiate proceedings or actions appropriate to enforce the provisions of this chapter and may recommend that the attorney general prosecute any public offense committed in violation of any provision of this chapter.

Section 11.The Board may, at any time,

(a) Within 5 years after any amount of fees, interest, penalties or tax required to be paid or collected pursuant to the provisions of this chapter becomes due and payable;

(b) Within 5 years after the delinquency of any amount of such fees, interest, penalties or tax; or

(c) Within 3 years after the Board has, within one of the 5-year periods limited by paragraphs (a) and (b), made a determination of any fee, interest, or penalty, whichever period extends the longest,

(d) Bring a civil action in the courts of this state to collect the amount due together with penalties and interest. An action may be brought even though the person owing the amount is no longer a gaming licensee under the provisions of this chapter.

When civil action is brought a writ of attachment may issue, and no bond or affidavit previous to the issuing of the attachment is required. The records of the Board are prima facie evidence of the determination of the tax or the amount of the tax, the delinquency of the amount set forth and compliance by the Board with all the provisions of this chapter in relation to the computation and determination of the amounts.

REGULATION OF PERSONS INVOLVED IN GAMING

Section 12. A s provided in section 6, the Board, upon a finding of suitability, may issue a license to operate slot machines at an establishment in which the operation of said slot machines is incidental to the primary business conducted at the establishment may only be granted to the owner or operator of the primary business.

Section 13. Subject to the provisions of section 25 and 27, a person who the Board determines is suitable under the provisions of this chapter, having due consideration for the proper protection of the health, safety, morals, good order and general welfare of the inhabitants of the state and the declared policy of this state, may be issued a license to operate gaming devices, as appropriate. The burden of proving his qualification to be found suitable and to receive a license pursuant to this chapter is on the applicant.

An application to receive a license must not be granted unless the Board is satisfied that the applicant is:

• A person of good character, honesty and integrity;
• A person whose prior activities, criminal record, if any, reputation, habits and associations do not pose a threat to the public interest of this state or to the effective regulation and control of gaming, or create or enhance the dangers of unsuitable, unfair or illegal practices, methods and activities in the conduct of gaming or in the carrying on of the business and financial arrangements incidental thereto; and
• In all other respects qualified to be licensed or found suitable consistently with the declared policy of the state.

An application to receive a license constitutes a request for a determination of the applicant’s general character, integrity, and ability to participate or engage in, or be associated with gaming, as appropriate. Any written or oral statement made in the course of an official proceeding of the Board by any member thereof or any witness testifying under oath which is relevant to the purpose of the proceeding is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.

Section 14.Notwithstanding the provisions of section 13 and pursuant to section 26, the Board shall issue a license to operate slot machines to a convention center which is owned and operated by the Massachusetts convention center authority; provided, that the license shall permit the operation of said slot machines in a restricted area of the convention center.

Section 15. An application for a state gaming license must be made to the Board on forms furnished by the Board and in accordance with the regulations of the Board. The application for a license must include:

• The name of the proposed licensee.
• The location of the applicant’s place of business.
• The number of gaming devices to be operated.
• The names of all persons directly or indirectly interested in the business and the nature of such interest.
• Such other information and details as the Board may require in order to discharge its duty properly. 

Section 16.Within thirty days after the filing of an application and such supplemental information as the Board may require, the Board shall commence its investigation of the applicant and shall conduct such proceedings in accordance with applicable regulations as it may deem necessary.

The Board may, after considering all relevant factors relating to the application, issue to the applicant named a state gaming license, or deny the same. The Board may limit the license or place such conditions thereon as it may deem necessary in the public interest. The Board may, if it considers necessary, issue a probationary license.

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

No state gaming license may be assigned either in whole or in part.

Section 17. If satisfied that an applicant is eligible to receive a state gaming license the Board shall issue and deliver to the applicant a license entitling him to operate the gaming devices for which he is licensed, together with an enumeration of the specific terms and conditions of the license. The Board shall prepare and maintain a written record of the specific terms and conditions of any license issued and of any modification to the license. A duplicate of the record must be delivered to the applicant or licensee upon request.

Section 18. A license issued pursuant to the provisions of this chapter must be posted by the licensee and kept posted at all times in a conspicuous place in the area where the gaming devices are operated in the establishment for which the license is issued until it is replaced by a succeeding license.

Section 19. Subject to the power of the Board to deny, revoke, suspend, condition or limit licenses, any state license in force may be renewed by the Board for the next succeeding license period upon proper application for renewal and payment of state license fees as required by law and the regulations of the Board. All state gaming licenses are subject to renewal one year from the date of issuance.

If a licensee fails to renew his license as provided in this section, the Board may order the immediate closure of all gaming activity until the license is renewed by the payment of the necessary fees, and penalties as permitted and authorized pursuant to regulations promulgated by the Board.

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

Section 20. It is unlawful for any person to sell, purchase, lease, or otherwise transfer a licensee issued under this chapter.

Section 21. The Board's consideration and resolution of all license applications shall be conducted in accordance with procedures adopted by order of the Board.

Section 22. In addition to the general and specific powers enumerated in section 6, the Board shall have the authority, and is hereby directed, to promulgate regulations to implement the provisions of this chapter. Said regulations shall include, but not be limited to, the following:

• To deny, deny the renewal, revoke, condition or suspend any license or permit provided for in this part if the Board finds in its sole discretion that a licensee or permittee under this part, or its officers, employees or agents, have furnished false or misleading information to the Board or failed to comply with the provisions of this chapter or the regulations of the Board and that it would be in the public interest to deny, deny the renewal, revoke, condition or suspend the license.
• To restrict access to confidential information in the possession of the Board and to ensure that the confidentiality of information is maintained and protected. The Board shall retain records for seven years.
• To prescribe and require periodic financial reporting and internal control requirements for all licensed entities.
• To require that each licensed entity provide to the Board its audited annual financial statements, with such additional detail as the Board, from time to time, shall require, which information shall be submitted not later than 60 days after the end of the licensee's fiscal year.
• To prescribe the procedures to be followed by slot machine licensees for any financial event that occurs in the operation of slot machines.
• To enforce prescribed hours for the operation of slot machines so that slot machine licensees may operate slot machines on any day during the year, in order to meet the needs of patrons or to meet competition.
• To require that each licensed gaming entity prohibit persons under 21 years of age from operating or using slot machines.
• To establish procedures for the inspection and certification of compliance of each slot machine and associated equipment prior to being placed into use by a slot machine licensee.
• To require that no slot machine may be set to pay out less than the theoretical payout percentage, which shall be no less than 85%, as specifically approved by the Board. The Board shall adopt regulations that define the theoretical payout percentage of a slot machine game using its best judgment and understanding of slot machine operations.
• To require each applicant to provide detailed site plans of its proposed licensed facility which shall be reviewed and approved by the Board for the purpose of determining the adequacy of the proposed security and surveillance measures inside and outside said facility. Applicants will cooperate with the Board in making changes to the plans suggested by the Board and will ensure that the plans, as modified and approved, are implemented.

LICENSES

Section 23. Pursuant to sections 24 to 26, inclusive, there shall be three distinct classifications of slot machine licenses, designated by class, each permitting a person or the Massachusetts convention center authority to apply for a qualifying license class and, upon issuance by the Board, in its discretion, to place and operate slot machines at a licensed facility: The distinct classifications shall include a Class A license, a Class B license, and a Class C license.

Section 24. (a) A person may apply for a Class A license if the applicant is the owner or wholly owned subsidiary of the owner of a resort hotel. A Class A license may only be granted upon the express condition that an individual may not enter a gaming area of the licensee if the individual is not a registered overnight guest of the resort hotel or if the individual is not a patron of the amenities provided by the established resort hotel. For the purpose of this section, the following words and phrases shall have the meaning:

"Amenities", any ancillary activities, services or facilities in which a registered guest or the transient public, in return for consideration as defined by Board regulation, may participate at a resort hotel, including, but not limited to: sports and recreational activities and facilities, such as a golf course or golf driving range, tennis courts, or swimming pool; health spa; convention, meeting and banquet facilities; entertainment facilities; a bar; and restaurant facilities.

"Patron of the amenities", any individual who is a registered attendee of a convention, meeting or banquet event or a participant in a sport or recreational event or any other social, cultural or business event held at a resort hotel or who participates in one or more of the amenities provided to registered guests of the resort hotel.

(b) A Class A license granted under the provisions of this section shall entitle the applicant to operate not more than 1,000 slot machines at the resort hotel.

(c) The Board shall impose a Class A license fee to be paid by each successful applicant in an amount of not less than $2,500,000 and not more than $5,000,000, as determined by the Board.

(d) A slot machine license, after payment of the fee imposed pursuant to paragraph (c), shall be in effect unless suspended, revoked or not renewed by the Board upon good cause consistent with the license requirements as provided for in this chapter. Slot machine licensees shall be required to update the information in their initial applications annually, and the license of a licensee in good standing shall be updated and renewed annually. As to the renewal of a license, no additional license fee pursuant to paragraph (c) shall be required.

Section 25. (a) Pursuant to section 14 and the provisions of this section, the Board shall issue a license to permit the operation of slot machines at each of the convention centers owned and operated by the Massachusetts convention center authority upon submission of an application to operate slot machines at a convention center owned and operated by the Massachusetts convention center authority. A license to operate slot machines at a convention center owned and operated by the Massachusetts convention center authority shall be designated as a Class B license.

(b) A Class B license granted under the provisions of this section shall entitle the Massachusetts convention center authority to operate not more than 1,000 slot machines at each convention owned and operated by said Massachusetts convention center authority.

(c) The Board shall not impose a fee on a Class B license; provided, that the Massachusetts convention center authority shall produce a plan of operation, which shall be approved of by the Board, for a convention center that is licensed to operate slot machines. The Board, in issuing a Class B license to operate slot machines at a convention center owned and operated by the Massachusetts convention center authority is hereby authorized and directed to establish rules of operation for each convention center that is operated pursuant to a Class B license. Nothing herein shall prevent the Board from promulgating any additional rules and regulations it deems necessary to ensure the sound operation of slot machines at said convention center or centers.

Section 26. (a) A person may apply for a Class C license if the applicant is the owner or wholly owned subsidiary of the owner of a qualified restaurant. A Class C license may only be granted upon the express condition that an individual may not enter a gaming area of the licensee if the individual is not a patron of the qualified restaurant.

(b) A Class C license granted under the provisions of this section shall entitle the applicant to operate not more than 100 slot machines at the qualified restaurant.

(c) The Board shall impose a Class C license fee to be paid by each successful applicant in an amount of not less than $250,000 and not more than $500,000, as determined by the Board.

(d) A slot machine license, after payment of the fee imposed pursuant to paragraph (c), shall be in effect unless suspended, revoked or not renewed by the Board upon good cause consistent with the license requirements as provided for in this chapter. Slot machine licensees shall be required to update the information in their initial applications annually, and the license of a licensee in good standing shall be updated and renewed annually. As to the renewal of a license, no additional license fee pursuant to paragraph (c) shall be required.

Section 27. No applicant for a license pursuant to section 24 or Section 26 who has been convicted, in any jurisdiction, of a felony or gambling offense within the past 15 years, shall be issued a license to operate slot machines under said section.

Section 28. (a) Application for a license to operate slot machines to be issued by the Board shall be submitted on a form and in a manner as shall be required by the Board. In reviewing applications, the Board shall confirm that all the applicable license fees have been paid in accordance with section 24 and section 26.

(b) The Board shall not consider an incomplete application and shall notify the applicant in writing if an application is incomplete. An application shall be considered incomplete if it does not include all applicable fees and all information and accompanying documentation required by the Board. A notification of incompleteness shall state the deficiencies in the application that must be corrected prior to consideration of the merits of the application.

Section 29. (a) In addition to any other information required under sections 24 or section 26 or as may otherwise be required by the Board pursuant to regulations adopted by the Board, the application for a Class A license or Class C license to operate slot machines shall include at a minimum:

• The name, address, photograph and handwriting example of the applicant and key employees and their positions within the corporation or organization, as well as any additional financial information required by the Board.
• The proposed location of the slot machine areas, if known.
• The number of slot machines requested.
• A current tax lien certificate issued by the department of revenue.
• In the instance where additional slot machines are being requested, the justification and explanation for the number and proposed location of the slot machine areas within the confines of the licensed entity.
• The details of any gaming, slot machine or casino license applied for, granted to or denied to the applicant by other jurisdictions where such form of gaming is legal, and the consent for the Board to acquire copies of applications submitted or licenses issued in connection therewith.
• The details of any loans obtained from a financial institution or not obtained from a financial institution. The consent to conduct a background investigation by the Board, the scope of which shall be determined by the Board in its discretion consistent with the provisions of this section, and a release signed by all persons subject to the investigation of all information required to complete the investigation.
• Any other information determined to be appropriate by the Board.

(b) Any refusal to provide the information required under this section or to consent to a background investigation shall result in the immediate denial of a license.

Section 30. (a) Every application for a Class A license or Class C license shall include such information, documentation and assurances as may be required to establish by clear and convincing evidence the applicant's good character, honesty and integrity. Information shall include, without limitation, information pertaining to family, habits, character, reputation, criminal history background, business activities, financial affairs and business, professional and personal associates, covering at least the ten-year period immediately preceding the filing date of the application.

(b) Each applicant for a Class A license or Class C license shall notify the Board of any civil judgments obtained against the applicant pertaining to antitrust or security regulation laws of the federal government, this commonwealth or any other state, jurisdiction, province or country.

(c) If the applicant has held a gaming license in a jurisdiction where gaming activities are permitted, the applicant shall produce a letter of reference from the gaming or casino enforcement or control agency which shall specify the experiences of that agency with the applicant, the applicant's associates and the applicant's gaming operation. If no letters are received within 30 days of the request, the applicant may submit a statement under oath which is subject to the penalty for false swearing under section 1 of chapter 268 of the General Laws that the applicant is or was during the period the activities were conducted in good standing with the gaming or casino enforcement or control agency.

Section 31. (a) No corporation or any other legal business entity shall be eligible to hold a Class A or Class C license unless the following would individually be qualified for licensure as a key employee: each officer; each director; each person who directly or indirectly holds any beneficial interest or ownership of the securities in the entity; each person who in the opinion of the Board has the ability to control the entity, has a controlling interest or elects a majority of the Board of directors of that corporation or business entity, other than a banking or other licensed lending institution which makes a loan or holds a mortgage or other lien acquired in the ordinary course of business; each key employee; each lender, other than a banking or other licensed lending institution which makes a loan or holds a mortgage or other lien acquired in the ordinary course of business; each underwriter; each agent; each employee of the corporation or entity and each other person whom the Board may consider appropriate for approval or qualification. The Board may waive compliance with the provisions of this subsection on the part of a publicly traded corporation as to a person directly or indirectly holding ownership of securities of such corporation where the Board is satisfied that the security holder is not significantly involved in the activities of the corporation and does not have the ability to control the corporation or elect one or more directors thereof.

(b) No corporation or any other legal business entity or other form of business organization which is a subsidiary shall be eligible to receive or hold a Class A license or Class C license unless each holding and intermediary company with respect thereto:

• if it is a corporation or other legal business entity, shall comply with the provisions of subsection (a) of this section as if said holding or intermediary company were itself applying for a slot machine license. The Board may waive compliance with the provisions of subsection (a) on the part of a publicly traded corporation which is a holding company as to any officer, director, lender, underwriter, agent or employee thereof, or person directly or indirectly holding a beneficial interest or ownership of the securities of such corporation, where the Board is satisfied that such officer, director, lender, underwriter, agent or employee is not significantly involved in the activities of the corporate licensee, and in the case of the security holder, does not have the ability to control or possess a controlling interest in the holding company or elect one or more directors thereof; or
• If it is not a corporation, shall comply with the provisions of paragraph (c) as if said company were itself applying for a slot machine license. The Board may waive compliance with the provisions of subsection (c) on the part of a non-corporate business organization which is a holding company as to any person who directly or indirectly holds any beneficial interest or ownership in such company, when the Board is satisfied that such person does not have the ability to control the company.

(c) Any non-corporate applicant for a slot machine license shall provide the information required in this section in such form as the Board may require. No such applicant shall be eligible to hold a slot machine license unless each person who directly or indirectly holds any beneficial interest or ownership in the applicant, or has the ability to control the applicant or whom the Board may consider appropriate for approval or qualification, would individually be qualified for approval as a key employee pursuant to the provisions of this part.

Section 32. In the event that a slot machine license application is not approved by the Board based on a finding that an individual who is a principal or has an interest in the person applying for the license does not meet the character requirements of section 30 or any of the eligibility requirements under this section 31, the Board may afford the individual the opportunity to completely divest his interest in the person, its affiliate, intermediary, subsidiary or holding company seeking the license and, after such divestiture, reconsider the person's or applicant's suitability for licensure in an expedited proceeding and may, after such proceeding, issue the person or applicant a slot machine license. The Board shall approve the terms and conditions of any divestiture under this section. Under no circumstances shall any divestiture be approved by the Board if the compensation for the divested interest exceeds the cost of the interest.

Section 33. (a) The Board shall require each applicant for a Class A license or Class C license to produce the information, documentation and assurances concerning financial background and resources as the Board deems necessary to establish by clear and convincing evidence the financial stability, integrity and responsibility of the applicant, its affiliate, intermediary, subsidiary or holding company, including, but not limited to, bank references, business and personal income and disbursement schedules, tax returns and other reports filed with governmental agencies, and business and personal accounting and check records and ledgers. In addition, each applicant shall, in writing, authorize the examination of all bank accounts and records as may be deemed necessary by the Board.

(b)(1) The Board shall require each applicant for a Class A license, at the time of application, to post a letter of credit or bond in the amount of the license fee due pursuant to section 24 to demonstrate the financial ability to pay the slot machine license fee required per said section 24 if issued a Class A license by the Board. No bond shall be due from the Massachusetts convention center authority to secure a Class B license.

(b)(2) The Board shall require each applicant for a Class C license, at the time of application, to post a letter of credit or bond in the amount of the license fee due pursuant to section 26 to demonstrate the financial ability to pay the li cense fee required per said section 26 if issued a Class C license by the Board. No bond shall be due from the Massachusetts convention center authority to secure a Class B license.

(c) The Board shall require each applicant for a Class A license or Class C license to produce the information, documentation and assurances as the Board may require to establish by clear and convincing evidence that the applicant has sufficient business ability and experience to create and maintain a successful, efficient operation. Applicants shall produce the names of all proposed key employees and a description of their respective or proposed responsibilities, as they become known.

(d) In assessing the financial viability of the proposed licensed facility, the Board shall make a finding, after review of the application, that the applicant is likely to maintain a financially successful, viable and efficient business operation. Notwithstanding any provision of this section to the contrary, an applicant that includes a commitment or promise to pay a slot machine license fee in excess of the amount provided in section 24 or section 26, such as the case may be, shall not be deemed a financially successful, viable or efficient business operation and shall not be approved for a slot machine license on the basis that the applicant can provide the commitment or promise required pursuant section 24 for a Class A license or section 26 for a Class C license.

(e) In addition to other information required by this section, a person applying for a Class A or Class C license shall provide the following information:

• The organization, financial structure and nature of all businesses operated by the person, including any affiliate, intermediary, subsidiary or holding companies, the names and personal employment and criminal histories of all officers, directors and key employees of the corporation; the names of all holding, intermediary, affiliate and subsidiary companies of the corporation; and the organization, financial structure and nature of all businesses operated by such holding, intermediary and subsidiary companies as the Board may require, including names and personal employment and criminal histories of such officers, directors and principal employees of such corporations and companies as the Board may require.
• The extent of securities held in the corporation by all officers, directors and underwriters, and their remuneration in the form of salary, wages, fees or otherwise.
• Copies of all management and service contracts.

Section 34. (a) In addition to the letter of credit or bond requirements of section 33 and before a Class A license is issued, the licensee shall post a bond in an amount not less than the sum of $1,000,000, as set by the Board, payable to the commonwealth. The bond shall be used to guarantee that the licensee faithfully makes any payments due the commonwealth, keeps books and records, makes reports and conducts operations in conformity with this chapter and the regulations and orders promulgated by the Board. The bond shall not be canceled by a surety on less than 30 days' notice in writing to the Board. If a bond is canceled and the licensee fails to file a new bond with the Board in the required amount on or before the effective date of cancellation, the licensee's license shall be revoked or suspended, at the discretion of the Board. The total and aggregate liability of the surety on the bond is limited to the amount specified in the bond.

(b) In addition to the letter of credit or bond requirements of section 33 and before a Class C license is issued, the licensee shall post a bond in an amount not less than the sum of $50,000 as set by the Board, payable to the commonwealth. The bond shall be used to guarantee that the licensee faithfully makes any payments due the commonwealth, keeps books and records, makes reports and conducts operations in conformity with this chapter and the regulations and orders promulgated by the Board. The bond shall not be canceled by a surety on less than 30 days' notice in writing to the Board. If a bond is canceled and the licensee fails to file a new bond with the Board in the required amount on or before the effective date of cancellation, the licensee's license shall be revoked or suspended, at the discretion of the Board. The total and aggregate liability of the surety on the bond is limited to the amount specified in the bond.

Section 35. (a) Any person seeking to provide slot machines or associated equipment to a slot machine licensee within this commonwealth or to manufacture slot machines for use in this commonwealth shall apply to the Board for either a supplier or manufacturer license. No person, its affiliate, intermediary, subsidiary or holding company who has applied for or is a holder of a manufacturer or slot machine license, shall be eligible to apply for or hold a supplier license. No slot machine licensee shall enter into any sale, lease, contract or any other type of agreement providing slot machines, progressive slot machines, parts or associated equipment for use or play with any person other than a supplier licensed pursuant to this section. Slot monitoring systems, casino management systems, and player tracking systems are excluded from any requirements that they be provided through a licensed supplier as set forth in this section.

(b) The application for a supplier or manufacturer license shall include, at a minimum:

• The name and business address of the applicant, the directors and owners of the applicant and a list of employees and their positions within the business, as well as any financial information required by the Board.
• The consent to a background investigation of the applicant, its officers, directors, owners, key employees or other persons required by the Board and a release to obtain any and all information necessary for the completion of the background investigation.
• The details of any equivalent license granted or denied by other jurisdictions where gaming activities are permitted and consent for the Board to acquire copies of licenses issued in connection therewith.
• Any other information determined by the Board to be appropriate.

Section 36. (a) Any person who desires to be a gaming employee and has a bona fide offer of employment from a licensed gaming entity shall apply to the Board for an occupation permit. A person may not be employed as a gaming employee unless and until that person holds an appropriate occupation permit issued under this section. The Board may promulgate regulations to reclassify a category of nongaming employees or gaming employees upon a finding that the reclassification is in the public interest and consistent with the objectives of this section.

(b) The application for an occupation permit shall include, at a minimum:

• The name and home address of the person applying for the permit.
• The previous employment history of the person.
• The criminal history record of the person, as well as their consent for the Massachusetts state police to conduct a background investigation.
• A photograph of the person.
• Evidence of the offer of employment and the nature and scope of the proposed duties of the person, if known.
• Any other information determined by the Board to be appropriate.

(c) No slot machine licensee may employ or permit any person under 18 years of age to render any service whatsoever in any area of its licensed facility at which slot machines are physically located.

Section 37. (a) Except as otherwise provided by this section, an applicant for a slot machine license shall, in addition to obtaining the appropriate slot machine license, obtain approval from the Board of its proposed site plans and internal control systems and audit protocols prior to the installation and operation of slot machines at the licensed facility.

(b) At a minimum, the applicant for a slot machine license proposed internal controls and audit protocols shall:

• Safeguard its assets and revenues, including, but not limited to, the recording of cash and evidences of indebtedness related to the slot machines.
• Provide for reliable records, accounts and reports of any financial event that occurs in the operation of a slot machine, including reports to the Board related to the slot machines.
• Ensure as provided in section 38, that each slot machine directly provides or communicates all required activities and financial details to the central control computer as set by the Board.
• Provide for accurate and reliable financial records.
• Ensure any financial event that occurs in the operation of a slot machine is performed only in accordance with the management's general or specific authorization, as approved by the Board.
• Ensure that any financial event that occurs in the operation of a slot machine is recorded adequately to permit proper and timely reporting of gross revenue and the calculation thereof and to maintain accountability for assets.
• Ensure that access to assets is permitted only in accordance with management's specific authorization, as approved by the Board.
• Ensure that recorded accountability for assets is compared with actual assets at reasonable intervals and appropriate action is taken with respect to any discrepancies.
• Ensure that all functions, duties and responsibilities are appropriately segregated and performed in accordance with sound financial practices by competent, qualified personnel.

(c) Each applicant for a slot machine license shall submit to the Board, in such manner as the Board shall require, a description of its administrative and accounting procedures in detail, including its written system of internal control. Each written system of internal control shall include:

• Records of direct and indirect ownership in the proposed slot machine licensee, its affiliate, intermediary, subsidiary or holding company.
• An organizational chart depicting appropriate segregation of functions and responsibilities.
• A description of the duties and responsibilities of each position shown on the organizational chart.
• A detailed narrative description of the administrative and accounting procedures designed to satisfy the requirements of this section.
• Record retention policy.
• Procedure to ensure that assets are safeguarded, including mandatory count procedures.
• A statement signed by the chief financial officer of the proposed licensed gaming entity or other competent person and the chief executive officer of the proposed licensed gaming entity or other competent person attesting that the officer believes, in good faith, that the system satisfies the requirements of this section.
• Any other item that the Board may require in its discretion.

Section 38. (a) To facilitate the auditing and security programs critical to the integrity of slot machine gaming in this commonwealth, all slot machine terminals shall be linked, at an appropriate time to be determined by the Department, in consultation with the Board, to a central control computer under the control of the Department and accessible by the Board to provide auditing program capacity and individual terminal information as approved by the Department and shall include real time information retrieval and terminal activation and disabling programs. The central control computer selected and employed by the Department shall not unduly limit or favor the participation of a vendor or manufacturer of a slot machine as a result of the cost or difficulty of implementing the necessary program modifications to communicate with and link to the central control computer. The central control computer employed by the Department shall provide:

• A fully operational statewide slot machine control system that has the capability of supporting up to the maximum number of slot machines that could be permitted to be in operation under sections 24 to 26, inclusive,.
• The employment of a widely accepted gaming industry protocol to facilitate slot machine manufacturers' ability to communicate with the statewide system.
• The delivery of a system that has the capability to support in-house slot machines as approved by the Board.
• The delivery of a system that allows the slot machine licensee to install independent player tracking systems and cashless technology as approved by the Board.
• The delivery of a system that does not alter the statistical awards of slot machine games, as designed by the slot machine manufacturer and approved by the Board.
• The delivery of a system that provides redundancy so that each component of the network will be capable of operating independently by the Department if any component of the network, including the central control computer, fails or cannot be operated for any reason as determined by the Department, and to assure that all transactional data is captured and secured. The slot machine licensee shall pay costs associated with any computer system required by the Department to operate at a licensed facility, whether independent or as part of the central control computer. The computer system will be controlled by the Department and accessible to the Board.
• The ability to meet all reporting and control requirements as prescribed by the Board and Department.
• Any other capabilities as determined by the Department in consultation with the Board.

(b) Except as provided for in paragraph (a)(4) of this section, the central control computer shall not provide for the monitoring or reading of personal or financial information concerning a patron of a slot machine licensee.

(c) Notwithstanding any other provision of law to the contrary and in order to facilitate the prompt implementation of this section, initial contracts entered into by the Department for a central control computer, including any necessary computer hardware, software, licenses or related services shall not be subject to the provisions of chapter 30B of the General Laws. Contracts made pursuant to the provisions of this section shall not exceed five years.

Section 39. The Department shall provide, upon request and in advance of the operation of a central control computer, to a licensed slot machine supplier or manufacturer the comprehensive protocol specifications necessary to enable the respective slot machine suppliers or manufacturers of slot machine terminals to communicate with the Department's central control computer for the purpose of transmitting auditing program information and for activating and disabling of slot machine terminals. Manufacturers and suppliers shall be afforded a reasonable period of time to comment upon the protocol in advance of the operation of the central control computer. Once adopted, the Department shall provide suppliers and manufacturers a reasonable period of time to review and comment on any changes and on documentation data for all proposed changes to the original protocol specifications of the central control computer. Manufacturers and suppliers shall be afforded a reasonable period of time to comment upon and employ all proposed changes to the protocol in advance of its implementation and operation with the central control computer. Notwithstanding the foregoing, the Department may expedite changes in the protocol as may be needed to ensure the integrity and stability of the entire system.

Section 40. (a) In addition to any other criteria provided under this section, any licensed gaming entity, supplier, manufacturer, gaming employee or other person that the Board approves as qualified to receive a license this section shall be issued a license upon the payment of any fee required and upon the fulfillment of any conditions required by the Board or provided for in this section. Nothing contained in this section is intended or shall be construed to create an entitlement to a license or permit by any person. The Board shall, in its sole discretion, issue, renew, condition or deny a slot machine license based upon the requirements of this section, whether the issuance of a license will enhance tourism, economic development or job creation, is in the best interests of the commonwealth and advances the purposes of this chapter.

(b) Notwithstanding any section to the contrary, no slot machine license, including a Class B license, shall be granted or renewed unless the Board finds that the applicant satisfies all of the following criteria:

• The applicant has developed and implemented or agreed to develop and implement a diversity plan to assure that all persons are accorded equality of opportunity in employment and contracting by the applicant, its contractors, subcontractors, assignees, lessees, agents, vendors and suppliers.
• The applicant in all other respects is found suitable consistent with the laws of this commonwealth and is otherwise qualified to be issued a license or permit.

(c) In addition to the eligibility requirements otherwise provided in this section, the Board may also take into account the following factors when considering an application for a slot machine license:

• The location and quality of the proposed facility, including, but not limited to, road and transit access, parking and centrality to market service area.
• The potential for new job creation and economic development which will result from granting a license to an applicant.
• The applicant's good faith plan to recruit, train and upgrade diversity in all employment classifications in the facility.
• The applicant's good faith plan for enhancing the representation of diverse groups in the operation of its facility through the ownership and operation of business enterprises associated with or utilized by its facility or through the provision of goods or services utilized by its facility and through the participation in the ownership of the applicant.
• The applicant's good faith effort to assure that all persons are accorded equality of opportunity in employment and contracting by it and any contractors, subcontractors, assignees, lessees, agents, vendors and suppliers it may employ directly or indirectly.
• The history and success of the applicant in developing tourism facilities ancillary to gaming development, if applicable to the applicant.
• The degree to which the applicant presents a plan for the project which will likely lead to the creation of quality, living-wage jobs and full-time permanent jobs for residents of this commonwealth generally and for residents of the host political subdivision in particular.
• The record of the applicant and its developer in meeting commitments to local agencies, community-based organizations and employees in other locations.
• The degree to which potential adverse effects which might result from the project, including costs of meeting the increased demand for public health care, child care, public transportation, affordable housing and social services, will be mitigated.

Section 41. (a) All licenses issued under this chapter, unless otherwise provided, shall be subject to renewal on an annual basis upon the application of the holder of the license submitted to the Board at least 60 days prior to the expiration of the license. The application for renewal shall include an update of the information contained in the initial and any prior renewal applications and the payment of any renewal fee required. A license for which a completed renewal application and fee, if required, has been received by the Board will continue in effect unless and until the Board sends written notification to the holder of the license that the Board has denied the renewal of such license.

(b) In addition to any other sanctions the Board may impose, the Board may, at its discretion, suspend, revoke or deny renewal of any permit or license issued pursuant to this chapter if it receives any information from any source that the applicant, or any of its officers, directors, owners or key employees, is in violation of any provision of this chapter, that the applicant has furnished the Board with false or misleading information or that the information contained in the applicant's initial application or any renewal application is no longer true and correct. In the event of a revocation or failure to renew, the applicant's authorization to conduct the previously approved activity shall immediately cease and all fees paid in connection therewith shall be deemed to be forfeited. In the event of a suspension, the applicant's authorization to conduct the previously approved activity shall immediately cease until the Board has notified the applicant that the suspension is no longer in effect.

Section 42. A license issued by the Board is a grant of the privilege to conduct a business in this commonwealth. A license granted or renewed pursuant to this chapter shall not be sold, transferred or assigned to any other person, nor shall a licensee pledge or otherwise grant a security interest in or lien on the license. Nothing contained in this chapter is intended or shall be construed to create in any person an entitlement to a Class A license or Class C license. The Board has the sole discretion to issue, renew, condition or deny the issuance of a slot machine license based upon the purposes and requirements of this chapter.

Section 43. Each slot machine license shall only be valid for the specific physical location within the municipality for which it was originally granted. No slot machine licensee shall be permitted to move or relocate the physical location of the licensed facility without Board approval for good cause shown.

Section 44. Any licensee, key employee or gaming employee shall have the duty to:

• Provide any assistance or information required by the Board or the Massachusetts state police and to cooperate in any inquiry, investigation or hearing;
• Consent to inspections, searches and seizures; and
• Inform the Board of any actions which they believe would constitute a violation of this chapter.

Section 45. The apportionment of the total revenues accruing from the excise and the payment in lieu of excise imposed pursuant to section three of chapter 64L of the General Laws shall be as follows:--(a) the payment of costs incurred in the operation and administration of the this Act, including the expenses of the Board and the costs resulting from any contract or contracts entered into for operational services or for the purchase or lease of equipment and materials which in no case shall exceed twenty per cent of the total revenues accruing from the excise and the payment in lieu of excise imposed pursuant to section three of chapter 64L of the General Laws, subject to appropriation; (b) not less the sixty per cent to be used for the purposes set forth in clause (c) of section thirty-five of the General Laws; and (c) the balance to be used for the purposes as set forth in clause (c) of section 46.

Section 46. There shall be established and set up on the books of the commonwealth a separate fund, to be known as the State Gaming Control Fund. Said fund shall consist of all revenues received from the excise and the payment in lieu of excise imposed pursuant to section three of chapter 64L of the General Laws, and all other monies credited or transferred thereto from any other fund or source pursuant to law.

Revenues of the Board from whatever source shall be expended only for the following purposes:

(a) For the expenses of the Board in administering this Act, as certified by the secretary of administration and finance, provided that the state treasurer shall transfer the certified amount to the General Fund for said purposes;

(b) For the purposes of the Local Aid Fund, not less than sixty percent of the net balance of the Massachusetts State Gaming Fund, as determined by the comptroller on every September thirtieth, December thirty-first, March thirty-first and June thirtieth of each fiscal year; and

(c) For the purposes of the Training Fund, the net balance of the Massachusetts State Gaming Fund, as determined by the comptroller on every September thirtieth, December thirty-first, March thirty-first and June thirtieth of each fiscal year

SECTION 2. The 2002 Official Edition of the General Laws is hereby amended by instering after chapter 64K the following new chapter:

Chapter 64L: Excise Imposed on Licensed Gaming Establishments

Section 1. When used in this chapter the following terms shall have the following meanings:--

"Commissioner'', the commissioner of revenue.

"Gross terminal revenue", the total of wagers received by a slot machine minus the total of:

Cash or cash equivalents paid out to patrons as a result of playing a slot machine which are paid to patrons either manually or paid out by the slot machine and

Cash paid to purchase annuities to fund prizes payable to patrons over a period of time as a result of playing a slot machine.

The term does not include counterfeit money or tokens, coins or currency of other countries which are received in slot machines, except to the extent that they are readily convertible to united states currency, cash taken in fraudulent acts perpetrated against a licensee for which the licensee is not reimbursed or cash received as entry fees for contests or tournaments in which the patrons compete for prizes.

"Operator'', a person who has been issued a Class A license to operate slot machines at a resort hotel or the Massachusetts convention center authority which has been issued a Class B license to operate slot machines at a convention center.

Section 2. (a) An excise is hereby imposed upon the gross terminal revenue derived from a Class A license. Said excise against every Class A licensee shall be levied, assessed and collected at the rate of five per cent of the gross terminal revenue derived from a Class A license.

(b) A payment in lieu of excise is hereby imposed upon the gross terminal revenue derived from a Class B license. Said payment in lieu of excise against every Class B licensee shall be levied, assessed and collected at the rate of five per cent of the gross terminal revenue derived from a Class B license.

(c) An excise is hereby imposed upon the gross terminal revenue derived from a Class C license. Said excise against every Class C licensee shall be levied, assessed and collected at the rate of five per cent of the gross terminal revenue derived from a Class C license.

  The operator shall pay the excise or the payment in lieu of excise, whichever the case may be, to the commissioner at the time provided for filing the return required by section sixteen of chapter sixty-two C of the General Laws.

Section 4. (a) A local excise is hereby imposed upon the gross terminal revenue derived from a Class A license. Said excise against every Class A licensee shall be levied, assessed and collected at the rate of four per cent of the gross terminal revenue derived from a Class A license.

(b) A local payment in lieu of excise is hereby imposed upon the gross terminal revenue derived from a Class B license. Said payment in lieu of excise against every Class B licensee shall be levied, assessed and collected at the rate of four per cent of the gross terminal revenue derived from a Class B license.

(c) A local excise is hereby imposed upon the gross terminal revenue derived from a Class C license. Said excise against every Class C licensee shall be levied, assessed and collected at the rate of four per cent of the gross terminal revenue derived from a Class C license.

The operator shall pay the local excise tax or the local payment in lieu of tax, whichever the case may be, imposed under the provisions of this section to the commissioner at the same time and in the same manner as the excise tax due the commonwealth. All sums received by the commissioner under this section as excise, payment in lieu of 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 in which there is a licensed gaming establishment. For the purposes of this section, the term “licensed gaming establishment” shall have the same meaning as in section three of chapter 10A of the General Laws.

The commissioner of the department of revenue shall make available to any city or town requesting such information the total amount of local payment in lieu of excise collected in the preceding fiscal year in the city or town requesting the information.

Section 5. Every operator who fails to pay to the commissioner any sums required to be paid by this chapter shall be personally and individually liable therefor to the commonwealth.

SECTION 3. Chapter 29 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after section 2 III, the following new section: --

“Section 2JJJ. (a) There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Biomedical and Biotechnology Training Fund, in this section called the Fund. There shall be credited to the Fund the revenue collected pursuant to section __ of chapter 10A.

(b) Subject to appropriation, the Board of higher education shall make expenditures, in the form of grants, from the Fund for the purpose set forth in section 15G of chapter 16A.

SECTION 4. Chapter 15A of the 2002 Official Edition of the General Laws is hereby amended by inserting after section 15F the following section: --

Section 15G. The Board of higher education, pursuant to this section, is hereby authorized and directed to develop a training program, which shall be known as the Massachusetts Biomedical and Biotechnology Training Program. The purpose of said Biomedical and Biotechnology Training Program shall be to develop and support strategies that increase the number of Massachusetts residents who enroll and participate in training programs that support and lead to careers in biomedical areas and biotechnology. In developing the strategies, the Board shall ensure that the training programs, to the extent possible, are targeted to:

• Individuals who are graduates of post-secondary institutions;
• Individuals who are graduates of community colleges;
• Individuals who enroll in workforce development or job training programs offered through a community college; and
• Individuals who enroll in workforce development or job training programs offered through community-based training providers.

For purposes of this section, a “community-based training provider” shall mean a nonprofit organization with at least two years of experience of delivering, directly or indirectly in collaboration with another organization, effective workforce development or job training services that have led to a position or positions within a biomedical or biotechnology field.

SECTION 5. This Act shall take effect immediately upon its passage.

Floor Number: 9 Clerk Number: 514

FUNDING FOR ADDICTION TREATMENT

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

“SECTION ____. Subsection (g) of section 6 of chapter 64H of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the following words:- “and one hundred and thirty-eight”.

SECTION 2. Subsection (a) of section 21 of chapter 138 of the General Laws, as so appearing, is hereby amended by striking out, in line 16, the words “three dollars and thirty cents” and inserting in place thereof the followings words:- “$10.85”.

SECTION 3. Subsection (b) of section 21 of chapter 138 of the General Laws, as so appearing, is hereby amended by striking out, in line 20, the words “three cents” and inserting in place thereof the following words:- “$0.23”.

SECTION 4. Subsection (c) of section 21 of chapter 138 of the General Laws, as so appearing, is hereby amended by striking out, in lines 24 to 25, the words “fifty-five cents” and inserting in place thereof the following words:- “$0.80”.

SECTION 5. Subsection (d) of section 21 of chapter 138 of the General Laws, as so appearing, is hereby amended by striking out, in line 27, the words “seventy cents” and inserting in place thereof the following words:- “$1.50”.

SECTION 6. Subsection (e) of section 21 of chapter 138 of the General Laws, as so appearing, is hereby amended by striking out, in line 30, the words “one dollar and ten cents” and inserting in place thereof the following words:- “$2.10”.

SECTION 7. Subsection (f) of section 21 of chapter 138 of the General Laws, as so appearing, is hereby amended by striking out, in line 35, the words “four dollars and five cents” and inserting in place thereof the following words:- “$6.05”.

SECTION 8. Subsection (g) of section 21 of chapter 138 of the General Laws, as so appearing, 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:- “$6.05”.

SECTION 9. 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.

SECTION 10. Notwithstanding any general or special law to the contrary, there shall be credited to the Substance Abuse Health Protection Fund, 30 per cent of the amounts collected from January 1, 2006 to December 31, 2006, 40 per cent of the amounts collected from January 1, 2007 to December 31, 2007, 50 per cent of the amounts collected on and after January 1, 2008 under sections 2 and 6(h) of chapter 64H from the sale of alcoholic beverages that are not considered to be sales of meals and from 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: 10 Clerk Number: 305

STATE HISTORIC TAX CREDIT

Mr. Joyce moved that the bill be amended by inserting after Section____, the following new Section:-

"SECTION___. Paragraph (b)(1) of sections 22 of Chapter 141 of the Acts of 2003 is hereby amended by striking out the words "an amount not to exceed $10,000,000" and inserting place the following words:- "an amount deemed necessary to fund qualified projects pursuant to 830 CMR 63.38R.1".

Floor Number: 11 Clerk Number: 474

HISTORIC REHABILITATION TAX CREDIT

Ms. Tucker moves that the bill be amended by inserting at the end thereof the following new section:

"SECTION__: Notwithstanding any general or special law to the contrary, the commissioner of revenue and the Massachusetts Historical Commission shall provide a credit of not less than $2.6 million for the Washington Mills project in Lawrence in fiscal year two thousand and six, from the $15 million authorized for historical rehabilitation tax credits, pursuant to chapter 62, section 6J, subsection (b)(1)(i) of the General Laws.

Floor Number: 12 Clerk Number: 561

MASSACHUSETTS HISTORICAL TAX CREDITS

Mr. Morrissey, Ms. Resor and Messrs. Augustus and Timilty moved that the bill be amended by inserting after section 40 the following new sections:-

Section ___. The second sentence of paragraph (1) of subsection (b) of section 22 of Chapter 141 of the Acts of 2003 as amended by section 2 and 3 of Chapter 462 of the Acts of 2004 is further amended by striking out the figure "15,000,000" and inserting in its place the figure "50,000,000".

Section ___. The second sentence of paragraph (1) of subsection (b) of section 24 of Chapter 141 of the Acts of 2003 as amended by section 2 and 3 of Chapter 462 of the Acts of 2004 is further amended by striking out the figure "15,000,000" and inserting in its place the figure "50,000,000".

Floor Number: 13 Clerk Number: 607

HISTORIC REHABILITATION TAX CREDIT

Mr. Montigny moved that the bill be amended by adding the following new sections:-

Section __. The second sentence of paragraph (1) of subsection (b)of section 22 of Chapter 141 of the Acts of 2003 as amended by section 2 and 3 of Chapter 462 of the Acts of 2004 is further amended by striking out the figure "$15,000,000" and inserting in its place the following figure:- "$50,000,000".

Section __. The second sentence of paragraph (1) of subsection (b)of section 24 of Chapter 141 of the Acts of 2003 as amended by section 2 and 3 of Chapter 462 of the Acts of 2004 is further amended by striking out the figure "$15,000,000" and inserting in its place the following figure:- "$50,000,000".

Floor Number: 14 Clerk Number: 235

BAKER HOUSE

Mr. Hart moved that the bill be amended, in Section 2, in item 0810-0000, by striking the wording "provided further, that $100,000 shall be expended for the Ella J. Baker House and the Tieng Xanh-Voice program" and inserting in place "provided further, that $260,000 shall be expended for the Ella J. Baker House in the city Boston for violence prevention programs for high-risk youth"

Floor Number: 15 Clerk Number: 255

GROVE HALL SNI

Mr. Hart moved that the bill be amended, in Section 2, in item 0810-0000, by inserting after "city of New Bedford" the following: "provided further, that not less than $150,000 shall be expended for a safe neighborhood initiative pilot program in the Grove Hall area of Roxbury and Dorchester"

Floor Number: 16 Clerk Number: 5

MASSACHUSETTS CULTURAL COUNCIL

Mr. Moore moved that the bill be amended, in Section 2, in item 0640-0300 be amended by inserting at the end thereof the following:- Provided further, that not less than $50,000 shall be awarded as a grant to the John Paul II Foundation of New England to initiate an endowment to support a Polish culture and arts program in cooperation with Saint Joseph's School of Webster;

Floor Number: 17 Clerk Number: 192

SERGEANT-AT-ARMS TO BRING ON-DEMAND AMERICAN SIGN LANGUAGE INTERPRETERS TO THE STATE HOUSE

Messrs. Timilty, McGee, Tarr, Ms. Fargo, and Ms. Creem moved that the bill be amended, in Section 2, in item 9700-0000 by striking out the figure "$6,767,859" and inserting in place thereof the figure "$6,792,859" provided further that said increase in item 9700-0000 shall represent increased funding for the Sergeant-at-Arms to determine feasibility of providing on-demand American Sign Language interpreters in the State House.

Floor Number: 18 Clerk Number: 204

CSG/ERC AGICULTURAL STEWARDSHIP

Mr. Rosenberg moved that the bill be amended, in Section 2, in item 9700-0000 by inserting, after the words "of the legislature," the following:- "provided further, that $10,000 shall be expended for the Massachusetts contribution to the CSG/ERC Northeast State Association for Agricultural Stewardship".

Floor Number: 19 Clerk Number: 642

Ms. Wilkerson moved that the bill be amended, in Section 2, by inserting the following new line item:

9700-XXXX For the Hynes Convention Center and Parking Garage Commission to complete the task of Section 299 of Chapter 149 in the Acts of 2004 .............................................................$80,000

Floor Number: 20 Clerk Number: 430

TELEVISED SENATE COVERAGE

Mr. Lees and Brown moved that the bill be amended by inserting, after Section ____, the following new section:-

"SECTION___. There shall be a special commission to study the production of cable television coverage of legislative sessions, committee hearings, and other legislative and administration proceedings. The commission shall consist of 9 members, including 3 members appointed by the governor, one of whom shall have expertise in the cable television industry, and one of whom shall be an attorney, 2 members appointed by the senate president, 1 member appointed by the senate minority leader, 2 members appointed by the speaker of the house of representatives, and 1 member appointed by the minority leader of the house of representatives. The commission shall submit a report and recommendations to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight by November 1, 2005, which shall include, but not be limited to, to the following: (a) the possibility of arranging for television coverage of state legislative proceedings similar to federal coverage available on C-Span, (b) the cost, if any, to the commonwealth of such an arrangement, (c) potential revenue options to pay for the cost of providing coverage, (d) estimated viewer demand, including analysis of demand by region, for such coverage, and (e) recommendations for appropriate measures to arrange for such coverage."

Floor Number: 21 Clerk Number: 673

COMMISSION ON EFFICIENCY

Mr. Lees moved that the bill be amended by inserting, after Section ___, the following Section:-

"SECTION___. The chief of staff for the senate committee on ways and means shall chair a commission to study the impact and advantages of owning a vehicle that can help to save the commonwealth much-needed parking space and shall report on the possible cost saving measures associated with like vehicles. Said commission shall file a report no later than July 1, 2005."

Floor Number: 22 Clerk Number: 679

INFORMATIONAL DEVICES

Mr. Lees moved that the bill be amended by inserting after Section ___ the following Section:-

Notwithstanding any general or special law to the contrary, the chairwoman of the senate ways and means committee shall be required to have on her person at all times a wireless communication device, a Blackberry so-called, so that the chairwoman can enjoy the benefits of being in constant communication with the agencies from which she consistently requests information so that she can craft a thorough and complete fiscal plan for the commonwealth.

Floor Number: 23 Clerk Number: 11

LOTTERY ADMINISTRATION

Mr. Havern moved that the bill be amended, in Section 2, in item 0640-0000, by striking out the figures "$68,610,397" and inserting in place thereof the figures "$68,730,397".

Floor Number: 24 Clerk Number: 53

ONLINE LOTTERY GAMES

Messrs. Lees, Tarr and Knapik moved that the bill be amended, in Section 2, in item 0640-0000 by inserting at the end thereof the following:- "and provided further that the Commission shall study the impact, cost of implementation, and the revenue effects of establishing online lottery games in the Commonwealth, and report to the House and Senate Ways and Means Committees their findings and recommendations no later than December 31, 2005;"

Floor Number: 25 Clerk Number: 617

LOTTERY ADVERTISING AMENDMENT

Ms. Tucker moves that bill be amended in section 2, item 0640-0010 by striking the figure "10,000,000" and inserting in place thereof the figure "5,000,000"; and amended in section 2, item 0640-0010, line 3, by inserting after the words "General Fund" the following words: "; provided further, that the funds appropriated in this item shall be expended solely for the purpose of reasonably informing the public of the odds and the jackpot amounts of the games created and regulated by the Massachusetts State Lottery Commission; and provided further that the Massachusetts State Lottery Commission shall file a copy of all planned advertisements no later than two months prior to the commencement of each public advertising campaign with the house and senate clerks, the house and senate chairs of the ways and means committees, the house and senate chairs of the joint committee on public health, the house and senate chairs of the joint committee on elder affairs, the house and senate chairs of the joint committee on consumer protection and professional licensure, and the house and senate chairs of the joint committee on telecommunication, utilities, and energy"

Floor Number: 26 Clerk Number: 347

REGISTERS OF DEEDS

Mr. Lees, Tisei, Tarr, Hedlund, Knapik, Brown and Buoniconti moved that the bill be amended, in Section 2, in item 0511-0000 by inserting at the end thereof the following:- "provided further, each register of deeds using electronic record books shall record all instruments electronically and 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; provided further, 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."

Floor Number: 27 Clerk Number: 398

AN AMENDEMENT RELATIVE TO THE ESSEX NATIONAL HERITAGE COMMISSION

Messrs. Berry, Tarr, Baddour, McGee, and Tucker moved that the bill be amended, in Section 2, in item in item 0526-0100, by inserting at the end thereof the following:- "provided that not less than $95,000 shall be provided as a grant to the Essex National Heritage Commission."

Floor Number: 28 Clerk Number: 26

Withdrawn

Floor Number: 29 Clerk Number: 463

NORTH WORCESTER REGISTRY OF DEEDS

Mr. Antonioni moved that the bill be amended, in Section 2, in item 0540-2000 by striking the figure "$764,143" and inserting in its place the following figure:- "$799,149"

Floor Number: 30 Clerk Number: 475

PAYMENT IN LIEU OF TAXES

Mr. Brewer, Mr. Antonioni, Ms. Chandler, Ms. Fargo, Mr. Nuciforo, Mr. Moore, Mr. Knapik, Mr. Tarr, and Ms. Tucker moved that the bill be amended, in Section 2, in item 0611-5510, by striking out the figure "$16,100,000" and inserting in place thereof the following figure:- "$19,500,000".

Floor Number: 31 Clerk Number: 9

MARIE WALSH

Mr. Havern moved that the bill be amended by adding the following section at the end thereof:-

"SECTION ___. Notwithstanding any general or special law to the contrary the Massachusetts Teachers' Retirement Board is hereby authorized and directed to recalculate the member survivor pension benefit paid to Marie Walsh, the widow of Mr. Bernard Walsh. The member survivor benefit shall be calculated under the provisions of subdivision (2) of Section 12 of Chapter 32, as amended by section 89 and section 90 of Chapter 159 of the Acts of 2000.

SECTION ___. This act shall take effect as of February 2, 2000."

Floor Number: 32 Clerk Number: 283

WIDOW'S BENEFITS

Mr. Hart moved that the bill be amended by inserting, after Section __, the following new Section:-

"SECTION __. Section 1(1) of Chapter 152 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following paragraph:

Section 1: For the purposes of Section 35C, Section 32, and Section 31, the earnings of the employee shall be determined as of the date of his last full time employment, irrespective of whether that employer is subject to this chapter.

Notwithstanding the prior voluntary retirement of the employee, such earnings shall be considered wages upon which the spouse is dependent at the time of the employee's death. Section 2: For purposes of Section 2A of Chapter 152 of the General Laws, Section 1 of this act, above, shall be deemed to be procedural in character."

Floor Number: 33 Clerk Number: 373

AUTHORIZING TRANSFER FROM OPTIONAL RETIREMENT PROGRAM TO STATE EMPLOYEE'S RETIREMENT SYSTEM

Ms. Chandler, Mr. Augustus, and Mr. Antonioni moved that the bill be amended by inserting after Section , the following new Section:-

“SECTION____. Subparagraph (iv) of paragraph (b) of subsection (2) of section 40 of chapter 15A of the General Laws is hereby repealed.

Said section 40 of said chapter 15A is further amended by inserting after subsection (3) the following subsection:-

(4)(a) If an employee who participates in the optional retirement program becomes ineligible to continue in the optional retirement program, the employee shall thereafter participate in the state employees' retirement system established under chapter thirty-two. An eligible employee may withdraw from the optional retirement program, at any time, by notifying the plan administrator in writing.

(b) If an employee becomes ineligible to continue in or withdraws from the optional retirement program, the employee shall authorize the optional retirement program to transfer all funds held on behalf of the employee to the state employees’ retirement system.

(c)The employee shall be reinstated as a member in service of the state employees’ retirement system and shall be entitled to creditable service for the period of service during which the employee was enrolled in the optional retirement program and retirement deductions were made from the employee’s regular compensation if the employee repays to the state employees’ retirement system the total amount of regular deductions plus interest that would have accrued had the employee been a participant in the state employees’ retirement system during this period.

(d) The payment under paragraph (c) shall include the rollover of funds currently in the optional retirement program and, to the extent necessary, an additional payment which shall be in 1 sum or in installments as the state board of retirement shall prescribe.”

Floor Number: 34 Clerk Number: 513

DISABILITY BENEFITS MASSACHUSETTS STATE POLICE

Mr. Creedon moved that the bill be amended by inserting, , after Section 109, the following new Section:-

"SECTION 110. Notwithstanding any general or special law to the contrary, Sergeant Kathleen Barrett of the Massachusetts State Police, shall be eligible for disability benefits under the cancer presumption law as defined in section 94B of chapter 32 of the General Laws, as appearing in the 2002 Official Edition."

Floor Number: 35 Clerk Number: 550

STATE OWNED LAND (PILOT)

Messrs. Tisei, Morrissey, and Joyce moved that the bill be amended by inserting, after Section 109, the following new Section:-

Messrs. Tisei, Morrissey, and Joyce moved that the bill be amended by inserting, after Section 109, the following new Section:-
SECTION ____. Notwithstanding the provisions of any general or special law to the contrary, $500,000 of funds appropriated and provided for in line item 0611-5510 of Chapter 149 of the Acts of 2004, as supplemented by Section 2 of Chapter 352 of the Acts of 2004, for purposes of reimbursements to cities and towns in lieu of taxes on state owned land, pursuant to sections 13 to 17B, inclusive, of Chapter 58 of the General Laws and other related acts, for fiscal year 2005 and 2006 payments, shall be allocated and paid with respect to properties described as the Blue Hills Reservation and certain properties in the town of Stoneham, as referenced in Section 23 of Chapter 352 of the Acts of 2004, to the following cities and towns in specified amounts:

Braintree $4,850
Canton $86,040
Milton $118,026
Quincy $175,556
Randolph $51,516

Floor Number: 36 Clerk Number: 554

STATE OWNED LAND VALUATION PROCESS

Mr. Tisei moved that the bill be amended by inserting, after Section 109, the following new Section:-

"SECTION ____. Notwithstanding the provisions of Sections 13 through 17B of Chapter 58 of the General Laws of Massachusetts, as most recently amended by Section 23 of Chapter 352 of the Acts of 2004, or any other general or special law to the contrary, for the 2005 state-owned land valuation process the town of Stoneham may submit such information as may be required by the Commissioner of Revenue for purposes of determining values providing for reimbursements for state-owned land pursuant to the provisions of Sections 13 through 17B of Chapter 58 of the General Laws up to and including August 1, 2005, for the Middlesex Fells Reservation property. Upon submission of such information, the Commissioner shall forthwith value such property and provide notice of such value to the town of Stoneham.

Floor Number: 37 Clerk Number: 567

STATE PENSION MORTALITY TABLE CORRECTION

Mr. Morrissey moved that the bill be amended by inserting after section 105 the following new section:-

SECTION . Notwithstanding the provisions of any general or special law to the contrary, the public employee retirement commission is authorized and directed to permit any member of any retirement system, who retired between July 1, 2004 and December 31 under chapter 32 of the General Laws, 2004 and made an election of retirement benefits pursuant to subdivision (1) of section 12 of said chapter 32, to make one change of such an election following receipt of information concerning the effect of the new table of mortality adopted on or about December 22, 2004 that was made retroactive to July 1, 2004 by the public employee retirement administration commission pursuant to section 336 of chapter 149 of the acts of 2004.

Floor Number: 38 Clerk Number: 579

FORMER MDC POLICE RETIREMENT BENEFITS ADJUSTMENT

Messrs. Morrissey and Joyce moved that the bill be amended by inserting after Section 27 the following new sections: -

SECTION . Section 90C 3/4 of Chapter 32 of the General Laws, as appearing in the 2002 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 3/4 of Chapter 32 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking the text contained therein and inserting in place thereof the following:--

Section 90C 3/4. A former state or metropolitan district police officer, retired prior to July 1, 1992, 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: 39 Clerk Number: 593

PILOT FUNDING SCHEDULE

Ms. Fargo, Messrs. Brown, Moore, Tarr, Joyce, Ms. Chandler and Ms. Tucker moved that the bill be amended by inserting, after Section 109, the following new Section: -

"SECTION__. Notwithstanding any general or special law to the contrary, for fiscal years 2007 and thereafter, the total amount allocated for distribution to cities and towns pursuant to sections 13 to 17, inclusive, of chapter 58 of the General Laws shall be the sum of the amount distributed in fiscal year 2006 and: (i) in fiscal year 2007, 25 per cent of the difference between the fiscal year 2006 distribution and the total obligation; (ii) in fiscal year 2008, 50 per cent of the difference between the fiscal year 2006 distribution and the total obligation; (iii) in fiscal year 2009, 75 per cent of the difference between the 2006 distribution and the total obligation. For fiscal year 2010 and thereafter, the distribution shall be the total obligation as determined pursuant to section 13 of said chapter 58."

Floor Number: 40 Clerk Number: 601

AN ACT RELATIVE TO CERTAIN EMPLOYEES AT THE DEPARTMENT OF FIRE SERVICES

Mr. Buoniconti moved that the bill be amended by inserting the following outside section:

(A) Section 3 of Chapter 32 of the General Law, as so appearing is hereby amended by inserting in line 301 as appearing in the 2002 official edition, after the words "fire marshal" the following words:- "and employees."

(B) Section 3 of Chapter 32 of the General Laws, as so appearing is hereby amended by inserting in line 306 after the words "firefighting academy" the following words:- "employees of the Department of Fire Services shall have previously held employment in a group 4 position."

(C) Employees of the Department of Fire Services shall not be eligible for retirement under the provisions of part B of this act for eighteen months from the date of the enactment of this act.

Floor Number: 41 Clerk Number: 646

Withdrawn

Floor Number: 42 Clerk Number: 337

Withdrawn

Floor Number: 43 Clerk Number: 92

REGIONAL PUBLIC LIBRARIES

Messrs. Nuciforo, Baddour, Joyce, Tisei and Buoniconti moved that the bill be amended, in Section 2, in item 7000-9401, by striking out the figure "$14,980,361" and inserting in place thereof the following figure - "$15,230,361".

Floor Number: 44 Clerk Number: 131

BOARD OF LIBRARY COMMISSIONERS AID TO REGIONAL PUBLIC LIBRARIES

Mr. Moore moved that the bill be amended, in Section 2, in item 7000-9401, by striking the numbers "$14,980,361" and inserting in place thereof the numbers "$15,230,361."

Floor Number: 45 Clerk Number: 289

PUBLIC LIBRARIES

Mr. Joyce moved that the bill be amended, in Section 2, in item 7000-9501, by striking out the figure "$8,539,844" and inserting in place thereof the following figure:- "$9,000,000".

Floor Number: 46 Clerk Number: 504

STATE AID TO PUBLIC LIBRARIES

Messrs. Augustus, Moore, Joyce, Baddour, Brown, Antonioni, Tarr, Barrios, Knapik, Tisei, Ms. Fargo, Ms. Resor and Ms. Chandler moved that the bill be amended, in Section 2, in item 7000-9501, by striking the figure "$8,539,844" and inserting in place thereof the following figure:- "9,039,844".

Floor Number: 47 Clerk Number: 132

LIBRARY TECHNOLOGY AND RESOURCE SHARING

Mr. Moore, Ms Fargo, Mr Barrios, Mr. O'Leary moved that the bill be amended, in Section 2, in item 7000-9506, by striking the figure $2,000,000 and inserting in place thereof the following figure:- $6,000,000

Floor Number: 48 Clerk Number: 93

LYNN AND BEVERLY LIBRARIES

Mr. McGee and Mr. Berry moved that the bill be amended by adding at the end thereof the following section:

"Notwithstanding the provisions of section nineteen A of chapter seventy-eight of the General Laws or any other general or special law to the contrary, for the fiscal year 2006 state aid to public libraries program, the board of library commissioners shall consider that Lynn has met the standard of minimum hours of service as set forth in section nineteen B of chapter seventy-eight of the General Laws and defined in section 4.01(3) of chapter 605 of the Code of Massachusetts regulations; furthermore, the board shall grant temporary certification to Lynn by August 31, 2005, upon receipt of a preliminary report showing compliance with the materials expenditure requirement during fiscal year 2005 and showing that the library has met the municipal appropriation requirement, or is likely to qualify for a waiver of said requirement, in the 2006 state aid to public libraries program; furthermore, the board shall grant temporary certification to Beverly by August 31, 2005, upon receipt of a preliminary report showing compliance with the materials expenditure requirement and hours of service requirement during fiscal year 2005 and showing that the library has met the municipal appropriation requirement in the 2006 state aid to public libraries program; and furthermore, in order for either city to retain this certification and receive a grant award it must successfully complete the annual certification process of the board in fiscal year 2006."

Floor Number: 49 Clerk Number: 222

PROVIDING EQUITY IN SCHOOL FUNDING

Messrs. Tarr, Lees, Tisei, Knapik, Hedlund, Brown, Joyce, Fargo and Chandler moved that the bill be amended, in Section 2, in item 7061-0008 by inserting, after the words "No Child Left Behind Act;" the following: - "provided further, that not less than $75,747,745 be used for equalization aid, so-called, for school aid to cities, towns, regional school districts, counties maintaining agricultural schools, independent vocational schools and independent agricultural and technical schools to be distributed in such amounts as necessary in order to ensure that no school districts funded by this item shall be funded at an amount less than the amounts prescribed in the disbursement contained in section 3 of chapter 149 of the acts of 2004, plus 50% of the difference, if any, between the amounts prescribed in the disbursement contained in section 3 of chapter 149 of the acts of 2004 and the amounts prescribed in the disbursement contained in section 3 of chapter 177 of the acts of 2001.";
and In item 7061-0008 by striking out the figure "$3,288,931,062" and inserting in place thereof the following figure: - "$3,364,678,807."

Floor Number: 50 Clerk Number: 268

CHAPTER 70- ADDITIONAL $25 PER PUPIL

Messrs. Tarr, Lees, Tisei, Knapik, Hedlund and Brown moved that the bill be amended, in Section 2, in item 7061-0008 by striking out the figure “$3,288,931,061” and inserting in place thereof the following figures:— $3,312,821,436;

And By adding after section 3 the following new section:

“Notwithstanding section 3 of this act or any general or special law to the contrary, for the fiscal year ending June 30, 2006, there shall be an additional Chapter 70 school aid distribution to cities, towns and regional school districts in the amount of $23,890,375 to ensure that each municipal and regional school district receives an Increase of $25 per student above the amount of Chapter 70 aid the contained in section 3 of this act and that this distribution shall be apportioned in accordance with this section:

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