GOV  113

TRANSLITERATION

Ms. Wilkerson moved that the bill be amended the bill by inserting after Section 90 the following Section:
            “SECTION 91. - (a) Notwithstanding section 40 of chapter 54 of the General Laws, or any other general or special law to the contrary, in federal and state elections the state secretary shall prepare fully bilingual ballots in English-Chinese and English-Vietnamese in the designated polling places within any city or town which accepts the provisions of this section and meets the criteria as defined by Section 3 of this act, in addition to any other bilingual ballots required by law.
(b)  Notwithstanding any special or general law  to the contrary, in all city or town municipal elections the election commission shall prepare fully bilingual ballots in English-Chinese and English-Vietnamese in the designated polling places within the city or town as defined by Section 3 of this act, in addition to any other bilingual ballots required by law.
(c)  Fully bilingual ballots in English-Chinese, including transliteration of candidates’ names, shall be provided in any polling place within the city or town which there are at least 35 eligible voters who indicate in the most recent annual City Census that their primary language is Chinese and that they speak English not well or not at all; prior to the compiling of this City Census voter data, fully bilingual ballots shall be provided in any polling place with the city or town in which there are, according to the Lauderdale and Kestenbaum surname list, at least 35 registered voters with Chinese surnames. Fully bilingual ballots in English-Vietnamese shall be provided in any polling place within the city or town in which there are at least 30 eligible voters who indicate in the most recent annual city or town census that their primary language is Vietnamese and that they speak English not well or not at all; prior to the compiling of this city or town Census voter data, fully bilingual ballots shall be provided in any polling place with the city or town in which there are, according to the Lauderdale and Kestenbaum surname list, at least 30 registered voters with Vietnamese surnames. Not less than one bilingual ballot per registered voter with a Chinese or Vietnamese surname shall be provided in each designated polling place. The state secretary or the city or town clerk, as the case may be, may provide a duplicate set of ballots for any polling place when she or he deems it necessary. 
(d)  Bilingual ballots shall include the transliteration of candidates’ names.  “Transliteration” shall mean the selection of Chinese or Vietnamese characters to represent the phonetic equivalent of the syllables of an English name, or a name in any other language that is not traditionally written using Chinese or Vietnamese characters. The election commission in all city or towns municipal elections, and the state secretary in all federal and state elections, shall cause a transliteration of the names of all candidates to be prepared by a qualified Chinese-language interpreter or Vietnamese-language interpreter according to accepted professional standards. The public shall be notified of the proposed transliteration of candidates’ names and given ten days to submit documentary evidence demonstrating established use of an alternative transliteration of Chinese or Vietnamese names. The election commission or the state secretary shall make the final decision on which transliterated name shall appear on the ballot, but no reasonable alternative offered by the public shall be rejected.

(e)  This act is enacted in accordance with Section 2 of the Voting Rights Act of 1965, which requires that citizens be allowed to participate equally in all phases of the election process without regard to race, color or membership in a language-minority group, 42 U.S.C. § 1973.
(f)  This act shall take effect upon its passage, and Chapter 111 of the Acts of 2006 entitled “An Act Requiring the Preparation of Certain Ballots in the City of Boston” is hereby rescinded.
(g) This section shall only take effect in a city or town accepting the provisions of this section by a majority vote of the city council with the approval of the mayor, in the case of a city with a Plan A, Plan B, or Plan F charter, by a majority vote of the city council, in the case of a city with a Plan C, Plan D, or Plan E charter, by a majority vote of the annual town meeting or a special meeting called for that purpose, in the called-for purpose, in the case of a municipality with a town meeting form of government; or by a majority of the town council, in the case of a municipality with a town form of government. Cities and towns wishing to exercise the option for the fall 2008 elections must exercise the option and notify the Secretary of State by July 15, 2008.”

GOV  114

WITHDRAWN

GOV  115

VETERANS BENEFITS CLEARING HOUSE ROXBURY

Ms. Wilkerson moved that the bill be amended, in Section 2, in item 1410-0012, by inserting in line 3 after the words “agent orange” the following: “provided further, no less than $228,771 shall be expended for the Veterans Benefits Clearing House in the Roxbury section of Boston.”

GOV  116

VETERANS BENEFITS CLEARING HOUSE ROXBURY 2

Ms. Wilkerson moved that the bill be amended, in Section 2, in item 1410-0250, by inserting in line 2 after the words “city of New Bedford” the following: “provided further that, no less than $73,350 shall be expended under contract for the Veterans Benefits Clearing House in the Roxbury section of Boston.”

Redraft GOV  117

OFFICE OF DIVERSITY

Ms. Wilkerson moved that the bill be amended, in Section 2, in item 1750-0100 in line 13 by inserting after the words “training and assistance” the following: “provided further, that not less than 620,750 shall be provided to the office of diversity and equal opportunity within the human resources division to increase the recruitment and retention of minority managers within the executive branch.” and striking at the end thereof the amount “$4,125,345” and inserting in place thereof “$4,872,095”.

GOV  118

MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION

Ms. Wilkerson moved that the bill be amended, in Section 2, in item 0940-0100, by striking the figure “$2,332,903” and inserting in place thereof the following “$2,794,794”

GOV  119

HAMPDEN COUNTY REGISTRY OF DEEDS

Messrs. Knapik and Buoniconti and Ms. Candaras moved that the bill be amended, in Section 2, in item 0540-1200, by striking out the figure “$2,173,462” and inserting in place thereof the following figure:- “$2,276,605”

GOV  120

DRINKING WATER EQUITY GRANT

Mr. Hedlund moved that the bill be amended, in Section 2, by inserting after item 1599-3384 the following item:-
“1599-3837   For the payment to the water pollution abatement trust to fund financial assistance to the towns of Hingham, Hull and North Cohasset to meet debt service obligations incurred by the municipalities after January 1, 1992, to finance the costs of water treatment projects or portions thereof which have been approved by the department of environmental protection, or otherwise authorized by law, and which have been completed, as determined by the department, on or before the promulgation date of the department's regulations related to the implementation of the federal Safe Drinking Water Act……………………….$1,259,068”

GOV  121

DIVISION OF OCCUPATIONAL SAFETY

Mr. Tolman moved that the bill be amended, in Section 2, in item 7002-0201, by striking out the figure “$152,850” and inserting in place thereof the following figure:- “$252,850”, and by inserting after the word “Laws” the following wording:- “and civil fines issued under sections 197B of chapter 111, 46R of chapter 140, and 6F½ of chapter 149 of the General Laws”

GOV  122

OFFICE OF THE INSPECTOR GENERAL

Mr. Tolman moved that the bill be amended, in Section 2, in item 0910-0200, by striking out the figure “$2,721,715” and inserting in place thereof the following figure:-“2,821,715”

GOV  123

STATE LOTTERY COMMISSION

Mr. Tolman moved that the bill be amended, in Section 2, by inserting after item 0640-0000 the following item:-“ 0640-0001 For the operation of the state lottery commission; provided, that the commission may seek revenue from corporate advertising for non-lottery products on all lottery products; provided further, that payments from corporate advertising shall be deposited into the General Fund; and provided further, that expenditure in this item is limited to an amount not to exceed revenues collected from corporate advertising payments or the amount appropriated herein, whichever is less………………. $3,653,019”

GOV  124

MONITOR GAMES TECHNICAL CORRECTION

Mr. Tolman moved that the bill be amended, in Section 2, in item 0640-0005, by striking out the words “the monitoring of games” and replacing it with the following words:- “monitor games.”

GOV  125

PACE

Mr. Tolman moved that the bill be amended, in Section 2, in item 7003-0702, by inserting after the words “in the city of Gardner ” the following:-“ “provided further that not less than $75,000 shall be expended for the Partnership for Automotive Career Education program to recruit, train, and provide career guidance to students for entry-level automotive technician jobs.”

GOV  126

PERKINS SCHOOL FOR THE BLIND

Messrs. Tolman Augustus Marzilli Petruccelli McGee Ms. Spilka Ms. Menard Ms. Resor  moved that the bill be amended, in Section 2, in item 7000-9406, by striking “For the Braille and talking book library at Watertown, including the operation of the machine lending agency; provided, that not less than $50,000 shall be expended for the National Federation of the Blind Newsline Programs $2,203,997" and inserting in place thereof the following:- “For the Braille and talking book library at Watertown, including the operation of the machine lending agency; provided, that not less than $100,000 shall be expended for the National Federation of the Blind Newsline Program……….$2,341,359”

GOV  127

WITHDRAWN

GOV  128

YEAR UP

Messrs. Tolman Galluccio and Marzilli moved that the bill be amended, in Section 2, in item 7003-0702, by striking out the words “provided further, that not less than $400,000 shall be expended to provide employment, training and job placement by Year Up, Inc. of Cambridge;” and inserting in place thereof the following:- “provided further, that not less than $600,000 shall be expended to provide employment, training and job placement by Year Up, Inc. of Boston;”

GOV  129

VETERANS HOUSING FIRST

Mr. Baddour moved that the bill be amended, in Section 2, in item 1410-0010, by inserting after the words “Charlestown navy yard;” the following:- “provided further, that not less than $50,000 shall be expended for the Merrimac Veterans Housing First Program.”

GOV  130

EXPANSION OF GAMING

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

 “SECTION ___. SECTION 1. Chapter 6 of the General Laws is hereby amended by striking out section 48, as appearing in the 2004 Official Edition, and inserting in place thereof the following section:-
Section 48. The state lottery and gaming commission shall oversee and execute the duties of chapter 128, chapter 128A and any other general or special law involving the state racing commission.

SECTION 2.The General Laws are hereby amended by striking out chapter 12B.

SECTION 3. Section 23 of chapter 10 of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “state lottery commission” and inserting in place thereof the following words:- state lottery and gaming commission.

SECTION 4.Said chapter 10 of the General Laws is hereby amended by inserting after section 24A, as so appearing, the following section:-

Section 24B. Notwithstanding any general or special law to the contrary, the commission is shall implement chapter 10A, chapter 128A, and chapter 128C, any special or general law that pertains to chapter 10A, chapter 128A, and chapter 128C, and any special or general law as it pertains to live and simulcast racing, to exercise all powers granted thereunder, and to promulgate all rules and regulations necessary thereof.

When exercising its duties under chapter 10A, chapter 128A, and chapter 128C, the commission shall comply with the following:

(a) Except as otherwise provided herein, meetings of the commission shall be subject to sections 11A and 11A1/2 of chapter 30A. A quorum shall be the chairman and not less than 2 other members of the commission. A public record of every vote shall be maintained at the division of racing and gaming.

(b) The commission shall conduct hearings in accordance with the provisions of chapter 30A, provided, however, that clause 3 of section 11 of chapter 30A shall not apply. The commission may issue subpoenas for the attendance of witnesses or the production of any records, books, memoranda, documents, or other papers, or things, at or prior to any hearing as is necessary to enable the commission to discharge its duties, and may administer oaths or affirmations as necessary in connection therewith. The commission may petition the superior court for an order requiring compliance with any subpoena at issue.

(c) The commission may require any person to apply for a license as provided in this chapter and approve or disapprove any such application or other transactions, events, and processes as provided in this chapter. Any application to receive any license under this chapter shall constitute a request for a determination of the applicant's general character, integrity, and ability to participate or engage in, or be associated with, gaming.

(d) The commission shall make an annual report of its activities to the general court by March 31, for the prior calendar year.

(e) The commission shall prohibit any license from being assigned either in whole or in part.

(f) The commission may issue regulations providing for a fine or penalty or interest on such fine or penalty, upon any gaming licensee, for violation of this chapter. The commission may approve or disapprove transactions and events as provided in this chapter, take actions reasonably designed to ensure that no unsuitable persons are associated with controlled gaming, and take actions reasonably designed to ensure that gaming activities take place only in suitable premises.

(g) The commission shall, pursuant to sections 2 and 3 of chapter 30A, promulgate regulations necessary to carry out the powers and the provisions of this chapter, chapter 128A, and chapter 128C; and specifically shall promulgate regulations as to the following matters:

(1) the licensing of gaming establishments, including regulations relating to the types of establishments, application process, background checks, license fees, bonding requirements, and revocation and suspension of licenses;

(2) the licensing of gaming suppliers, including regulations relating to the application process, background checks, license fees, bonding requirements, and revocations and suspension of licenses;

(3) the licensing of parties in interest, including regulations relating to the application process, background checks, license fees, bonding requirements, and revocation and suspension of licenses;

(4) the issuance of one or more classes of work permits, including regulations relating to the application process, background checks, fees, and revocation and suspension of work permits;

(5) the licensing of gaming schools, if any such school is established in the commonwealth, including regulations relating to the application process, background checks, license fees, and revocation and suspension of licenses;

(6) the licensing of all officers and directors of any entity which holds or applies for a license under this chapter,
including regulations relating to application process, background checks, licensee fees, and revocation and
suspension of licenses; and regulations requiring that, if in the judgment of the commission the public interest will be served by requiring any of the individual stockholders, key executives, agents or other employees of any entity which holds or applies for a license under this chapter to be licensed, such individuals apply for a license under this paragraph;

(7) the monitoring of licensees to ensure compliance with this chapter and the regulations promulgated thereunder;

(8) the presentation and/or display of all licenses and work permits;

(9) the registration and licensing of non-gaming suppliers;

(10) the method for collecting any fines, fees, penalties and interest imposed by the commission;

(11) the method and standards of operation of licensed gaming establishments including, but not limited to, games, the type and manner of gaming, wagering limitations, odds, and hours of operation; provided, however, the commission shall not restrict the number of hours of operation of any licensed gaming establishment to fewer hours
than of any competing licensed gaming establishment

(12) the manufacturing, distribution, sale, testing, servicing, and inspection of gaming equipment, including requirements for the identification and licensing of same;

(13) any limitations on mortgage security interests and agreements relating to the property of licensed gaming establishments;

(14) any limitations on transfers of interests in licenses;

(15) advertising by licensed gaming establishments; provided, however, licensees shall have the right to conduct reasonable advertising consistent with that of competing gaming facilities, and the State Lottery;

(16) the manner in which winnings, compensation from games, and gaming devices must be compiled and reported by the commission, provided, further, electronic gaming devices shall return as winnings at a minimum 85% of all sums wagered.

(17) standards for protection of the health, safety, and security of the public at licensed gaming establishments;

(18) the minimum procedures to be adopted by each licensed gaming establishment to exercise effective supervisory and management control over its fiscal affairs, including the requirement of an annual audit undertaken in accordance with generally accepted accounting principles, and the requirement that quarterly reports be provided by licensed gaming establishments to the commission no more than 30 days after the close of each quarter;

(19) the persons to be excluded or ejected from licensed gaming establishments, including the type of conduct prohibited;

(20) the distribution of funds for the treatment of compulsive gambling behavior;

(21) the licensing and regulation of central computer system provider, which services electronic gaming devices and on and off site auditing of said electronic gaming devices; provided that, the commission shall ensure that the central computer system shall employ a widely accepted gaming industry protocol to facilitate slot machine manufacturers’ ability to communicate with the statewide system; and provided further, that said central computer system selected by the commission shall be prohibited from providing electronic gaming devices, or any other form of player activated terminal for use in connection with said central computer system.

(22) whether and under what conditions persons under age 21 may be permitted to enter facilities with electronic gaming devices.

(h) In emergencies, the commission may, without complying with sections 2 or 3 of chapter 30A, summarily adopt, amend, or repeal any regulation, if, at the time, the commission makes a finding that such action is necessary for the preservation of the public peace, health, safety, morals, good order, or general welfare, together with a statement of the facts constituting the emergency; provided, however, all such emergency actions shall not exceed 90 days.

(i) Each operating license shall be issued for an initial term of 5 years, and may be renewed at the discretion of the commission for a term not to exceed 5 years; provided further, that the commission shall set a renewal fee on the license of not less than $25,000,000.

(j) Any failure of a licensee to comply with this chapter, chapter 10A, chapter 128A or chapter 128C or any regulation of the commission may result in the suspension limitation, or revocation of the license, as determined by the commission. The commission shall promulgate rules and regulations, which shall include but not limited, the process by which a licensee’s license can be revoked, the process by which a licensee can appeal, the length of time of the suspension or limitation, and the scope of limitations on the license of type for the suspension,

(k) A gaming establishment license issued pursuant to this chapter must be posted by the licensee and kept posted at all times in a conspicuous place in the area where gaming is conducted in the establishment for which the license is issued until it is replaced by a succeeding license.

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

(m) No person or entity licensed as a licensed gaming operator, gaming establishment or racing meeting licensee, under chapter 10A, chapter 128A or chapter 128C, shall be permitted to transfer a direct or indirect real interest, personal interest, pecuniary interest, including, but limited to, substantial party in interest and affiliates defined under section 2 of chapter 10A, in the interests of the licensee’s corporate governing structure, including those defined under chapter 108A, chapter 109, chapter 155, chapter 156, chapter 156A, chapter 156B, chapter 156C and chapter 156D and those entities established under the rules and regulations of the Secretary of State, the licensee’s establishment, licensee’s structure, licensee’s real property, licensee’s premise or licensee’s facility, or enter into an option contract, management contract, or other agreement or contract providing for such transfer in the present or future, without the notification and approval the commission, and the commission may require either the transferer or transferee or both, as determined by the commission, to pay to the Commonwealth an amount representing the Commonwealth’s share of the increased value for said of said property or contracts. The commission shall promulgate rules and regulations for the determination of the payment which serves in the best interest of the Commonwealth as a result of the transfer; provided that the commission may consider the actual increase or decrease in the pecuniary value of said license, the real property, and the shares of interest among the time it was initially purchased, the time of receiving a license and the time of the transfer; provided further, that any payment collected by the commission, on behalf of the Commonwealth, shall be deposited in the General Fund..

(n) No licensed operator, licensed person, licensed party, a licensee’s affiliate, a licensee’s substantial party of interest, licensee’s party of interest, as defined under section 2 of chapter 10A, shall transfer any license in whole or in part issued by the commonwealth ,municipality, county, authority, district, commission or any other subdivision of the commonwealth, without the approval of the commission and the commission may require a payment by the transferer or transferee or both, as determined by the commission, to the commission, on behalf of the Commonwealth, and said payment shall be deposited into the General Fund; provided, that the commission shall consider as a factor in determining the amount of the payment the difference in value of the licensee’s property between the time of when the licensee received the license and the time of or anticipated time of the transfer through the average of three separate assessments made by the licensee, the commission and an independent assessor chosen by the commission, and the cost of said assessment shall be part of the payment of the transfer; and provided further, that the commission shall consider as a factor in determining the amount of the payment the market value of the license of when it was acquired and at the time of the transfer; provided further, that the commission shall consider as a factor in determining the amount of the payment the increased value of the property, land, establishment, management agent, entity or business value as a result of possessing a gaming operator’s license. In no event shall a bona fide commercial financial institution licensed by the division of banks, which becomes a substantial party of interest, as defined under section 2 of chapter 10A, with a licensee be deemed to be a transfer; provided further, that the commission may reject such transfer if it deems it unsuitable. The commission may place any condition or restriction on the transfer of a license or substantial interest or party of interest, and in all instances it shall consider whether additional compensation is owed to the Commonwealth.

(o) No person or entity licensed as a licensed gaming operator, gaming establishment or racing meeting licensee, under chapter 10A, chapter 128A or chapter 128C, shall be permitted to change its business governing structure, including those defined under chapter 108A, chapter 109, chapter 155, chapter 156, chapter 156A, chapter 156B, chapter 156C and chapter 156D and those entities established under the rules and regulations of the Secretary of State without the notification and approval of the commission.

(p) The commission shall monitor the conduct of all licensees and other persons having a material involvement, directly or indirectly, with a licensee for the purpose of ensuring that licenses are not issued to, or held by, and there is no direct or indirect material involvement with a licensee by unqualified, disqualified, or unsuitable persons.

(q) No commission member or person employed by the commission shall solicit or accept employment from a licensee, or represent any person or party other that the commonwealth before or against the commission for a period of 3 years from the termination of his office or employment with the commission.

(r) The commission may investigate fraud, deceit, misrepresentation or violations by any licensee under this chapter, or the occurrence of any such activity involving any licensee. If the commission has reasonable basis to believe that any licensee has been or is engaged in criminal behavior or that criminal activity is occurring within or involving any licensed gaming establishment, the commission shall report same to the district attorney of the county within which the gaming establishment is located and make available to said district attorney and attorney general all relevant information on such activity. The commission shall direct through the division of racing and gaming such police officers to guard and protect the lives and safety of the public and property at any such gaming establishment, and to perform any such other duties which may be required by said commission in order to maintain fair and honest gaming establishment. The police officers so assigned shall, except in the case of an emergency, while on duty at any such establishment be subject to the operational authority of the commission; provided, however, that such assignment or reassignment shall not in any way impair any rights to which any officer may by entitled. The commission assess an annual fee to be paid by the licensees for the costs associated with the state police as it relates to this chapter and chapter 10A; provided further, that said fee shall be paid by each licensee in equal portions. The commission shall establish a fee schedule for the purposes of defraying the costs incurred by police officers of the department of public safety for work associated under this chapter and chapter 10A and shall direct the division of racing and gaming to collect said fee from the licensees.

All assignment and reassignments to the commission, except as the commissioner of public safety shall determine that an emergency exists or its threatened, shall be subject to the approval of the commission. Nothing herein shall prevent licensees from applying to the state police if they have jurisdiction in the area where gaming establishment is located, or to the police department of a city or town wherein the gaming establishment is located, in order that such police agency may furnish a police detail for safety or traffic purposes at any gaming establishment authorized by this chapter. The total cost for any such police detail shall be a sum equal to the salaries of the police officers comprising such detail, plus a sum to cover the administrative expenses incurred by the department of each such police officer, which is to be paid by the licensee.

(s) The commission, as it deems appropriate, may ask the attorney general to file a civil lawsuit to restrain a violation of this chapter or enforce any provision thereof. An action brought against a person pursuant to this chapter does not preclude any other criminal or civil proceeding as may be authorized by law.

(t) The commission shall establish an appeals process to address persons aggrieved by a determination by the commission to issue, deny, modify, revoke, or suspend any license or approval, or to issue an adverse order under the provisions of this chapter.

(u) The commission shall establish rules and regulations regarding the use and manner of how electronic gaming devices may accept wagers deposited by the player, how they dispense funds deposited or credited to the player, what the maximum amount of money that a electronic gaming device can receive from a player, what is the expiration date on a ticket or voucher dispensed from an electronic gaming device, what the manner of how a player receives his or her reimbursement from a from a ticket or voucher dispensing electronic gaming device, and how machines that can dispense cash in exchange for a ticket of voucher dispensed from an electronic gaming device.

(v) The commission shall require the licensee to provide annual updates regarding the condition of the facility and the commission shall approve plans for all capital projects in excess of $500,000, and projects that would substantially change the use of the property other than as a racetrack.

(w) The commission may, one-year after four licenses to the racing meeting licensees have been granted in the commonwealth under chapter 10A, make a determination whether to solicit applications and grant 1 additional gaming operator license in Hampden County; provided however, that said license shall be a granted only to a parimutuel racetrack in accordance with chapter 128A , and is authorized to conduct simulcast racing pursuant to 128C and is authorized to be a lottery reseller, pursuant to chapter 10; provided, that in making such determination, said commission shall take into consideration the economic impact, environmental issues, public safety impact, effect on traffic and infrastructure and other relevant costs, benefits and factors of granting an additional license. . The applicant for said license shall be required to fulfill the requirements under this chapter and chapter 10A and the rules and regulations set forth by the commission. No current or former licensed gaming operator under chapter 10A or racing meeting licensee under chapter 128A shall have any direct or indirect, real interest, personal interest or pecuniary interest the applicant’s license application. Nothing in this section shall preclude any city, town, or county government in the commonwealth from prohibiting the use and operation of electronic gaming devices in said city, town or county, from imposing local controls or conditions on electronic gaming devices, from enacting or enforcing applicable zoning laws or regulations, or from imposing any fee or tax otherwise authorized, provided that any, inspection, tax, or fee is not inconsistent with this act, or the laws of the United States.

(x) The commission shall promulgate rules and regulations in accordance with chapter 10A for the purposes of purchasing, leasing, maintaining, operating, inspecting, auditing, electronic gaming devices, and the distribution of prize monies, and collecting the monies from the electronic gaming devices at the licensed gaming operations pursuant to said chapter 10A; provided that, the commission shall be authorized to enter into any necessary contracts, leases or agreements with a licensee or third party in order to execute this provision; provided further, that the commission shall collect said monies in accordance to subsection (b) of section 4 of said chapter 10A.

SECTION 5.Said chapter 10 is hereby further amended by inserting after section 26, as so appearing, the following section:-

Section 26a. The state treasurer shall appoint, subject to the approval of the commission, a director for division of racing and gaming established under chapter 10A, hereinafter called the executive director, who shall serve at the pleasure of the commission, shall devote his entire time and attention to the duties of his office, and shall receive such salary as the commission may determine. The executive director shall serve for a term of five years. The executive director shall not serve more than two consecutive terms. He shall supervise and administer the operation of licensed parimutuel wagering and licensed gaming establishments in accordance with the provisions of the chapter 128A, chapter 128C, chapter 10A, any special laws, and rules and regulations made thereunder.

The executive director shall, subject to the approval of the commission, appoint such deputy directors and such other professional, technical and clerical assistants and employees as may be necessary; provided, however, that such deputies, assistants and employees shall not be subject to chapter 31 and section 9A of chapter 30.

The executive director shall confer regularly as necessary or desirable and not less than once every month with the commission on the operation and administration of gaming, shall make available for inspection by the commission, upon request, all books, records, files, and other information and documents of the commission, shall advise the commission and recommend such matters as he deems necessary and advisable to improve the operation and administration of gaming.

The executive director shall, subject to the approval of the commission and the applicable laws relating to public contracts, enter into contracts for the operation of his offer, or any part thereof. No contract awarded or entered into by the executive director shall be assigned by the holder thereof except with the specific approval of the commission.
The executive director shall certify monthly to the state treasurer and the commission a full and complete statement of gaming revenues, disbursements and other expenses for the preceding month.

SECTION 6. The General Laws are hereby amended by inserting after chapter 10 the following chapter:-

CHAPTER 10A. LIVE RACING AND GAMING.

Section 1. (a) This act shall be known and may be cited as the "Live Racing Revitalization Act."

(b) No applicant for a license or other affirmative approval within the scope of this chapter has any property or other right to a license or to the granting of the approval sought. Any license issued or other approval granted pursuant to this chapter is a fully revocable privilege, and no holder acquires any vested right therein or thereunder. Except as otherwise provided herein, no person other than a licensee hereunder shall have any right to or interest in gaming revenue in the form of a percentage or contractual interest of any sums payable hereunder

(c) Nothing in this chapter shall preclude any city or town in the commonwealth from prohibiting gaming, from imposing any local controls or conditions upon gaming, from inspecting premises to enforce applicable laws, or from imposing any fee or tax otherwise authorized, provided any, inspection, tax, or fee is not inconsistent with this chapter, or the laws of the United States.

(d) In the event of any conflict between the provisions of this chapter and the provisions of any other general or special law, or local ordinance, the provisions of this chapter shall prevail.

Section 2. The following words as used in this chapter shall, unless the context clearly requires otherwise, have the following meanings:

(a) "Affiliate," any person that a licensee or applicant directly or indirectly controls or in which an applicant or licensee possesses an interest. For the purposes of this definition, "controls" means either (i) directly or indirectly holding more than 10 percent of voting membership rights or voting stock or partnership interests, or (ii) that a majority of the directors, general partners, trustees, or members of an entity's governing body are representative of, or are directly or indirectly controlled by, the licensee or applicant. For the purposes of this definition, "possesses an interest in" means either (i) directly or indirectly holding more than 5 percent of voting membership rights or voting stock, or (ii) that at least 25 percent of the directors, general partners, trustees, or members of an entity's governing body are representatives of, or are directly or indirectly controlled by, the licensee or applicant.

(b) "Applicant," a person who has applied for a gaming license, work permit, or approval of any act or transaction pursuant to this chapter.

(c) "Commission," the Massachusetts state lottery commission established pursuant to section 24 and section 24b of chapter 10.

(d) "Controlled game" or "controlled gaming," gaming licensed under chapter 10A, including electronic gaming devices

(1) the game of bingo conducted pursuant to chapter 271 and any charitable gaming, so-called, which is regulated by the state lottery commission;

(2) parimutuel wagering on horse and dog races, whether live or simulcast, authorized under chapter 128A and chapter 128C;

(3) any lottery game conducted by the state lottery commission, in accordance with Section 24 of chapter 10;

(4) games played with cards in private homes or residences in which no person makes money for operating the game, except as a player.

(f) “Electronic Gaming Device" means any game of chance mechanical, electronic or otherwise featuring coin drop and payout as well as printed tabulations or credits to a paper or electronic account, whereby the software or hardware of the device predetermines the presence or lack of a winning combination and payout, including microprocessor-controlled electronic devices that allow a player to play games of chance, which may be affected by an element of skill, activated by the insertion of a coin or currency or by the use of a credit and awards game credits, cash, tokens, replays or a written statement of the player's accumulated credits, which written statements are redeemable for cash; and including slot machines, video lottery terminals and video facsimile machines of any type.

(g) "Establishment," any building, room, place or other indoor or outdoor premises where any controlled gaming occurs, including all public and non-public areas of any such establishment.

(h) “Executive Director" the executive director of the division of racing and gaming established under section 24b of chapter 10 and section 3 of this chapter.

(i) "Gaming," to deal, operate, carry on, conduct, maintain, or expose for play any controlled gaming.

(j) "Gaming equipment," any equipment, device, object or contrivance, or machine, whether mechanical, electromechanical, or electronic, which is specifically designed or manufactured for use in the operation of gaming.

(k) "Gaming license" or "license," any license or work permit issued by the commission under this chapter that authorizes the person named therein to engage or participate in controlled gaming or to operate electronic gaming devices, including work permits and licenses issued to gaming establishments, to gaming suppliers, to parties in interest, to gaming schools, and to officers and directors of licensed persons or entities.

(l) "Gaming operation," one or more controlled games that are operated, carried on, conducted, maintained, offered or exposed for play.

(m) "Gaming establishment," any establishment licensed to conduct a gaming operation in the commonwealth under this chapter.

(n) "Gaming school," any person or entity which offers courses for persons who have obtained or who may seek to obtain a gaming work permit under this chapter.

(o) "Gaming services" means providing services or goods to any licensed gaming establishment directly in conjunction with the operation of gaming, including security services, junket services, gaming schools or training activities, promotional services, printing or manufacture of betting tickets and manufacture, distribution, maintenance, testing or repair of electronic gaming devices, or any person who furnishes goods or services pursuant to which the person receives payments based on earnings, profits or net receipts from gaming.

(p) "Holding company," any corporation, firm, partnership, trust, or other entity that, directly or indirectly, owns, has the power or right to control, or holds with power to vote, all or any part of the partnership interests or outstanding voting securities of a corporation or any other business entity that holds or applies for a gaming license. In addition, a holding company indirectly has, holds, or owns any power or right mentioned herein if it does so through any interest in a subsidiary or affiliate or successive subsidiaries or affiliates, however many of these subsidiaries or affiliates may intervene between the holding company and the corporate licensees or applicant.

(q) "Intermediary company," any corporation, firm, partnership, trust, or other entity, other than a natural person, that is both of the following:

(1) A subsidiary with respect to a holding company, and

(2) A holding company with respect to a corporation or limited partnership or other entity that holds or applies for a gaming license;

(r) "Licensed operator," any operating entity that conducts a controlled gaming operation within a gaming establishment pursuant to a license or licenses issued under this chapter and section 24b of chapter 10.

(s) "Licensed premises," the premises upon which is located a gaming establishment pursuant to a license issued to a licensed operator.

(t) "Licensee," any person or party holding, or purporting to hold, a valid gaming license under this chapter.

(u) "Net gaming revenue," the total, prior to the deduction of any operating, capital or other expenses whatsoever, of all gaming revenue retained by any gaming establishment licensed under this chapter derived from the conduct of any controlled game.

(v) "Operating entity," any person who conducts a gaming operation;

(w) "Party in interest," any corporation, firm, partnership, trust, or other entity or person with any direct or indirect pecuniary interest in a licensed gaming establishment, or a person who owns any interest in the premises of a licensed gaming establishment, or land upon which such premises is licensed, whether he leases the property directly or through an affiliate.

(x) "Person" or "party," a natural person, corporation, partnership, limited partnership, trustee, holding company, joint venture, association, or any business entity.

(y) "Racing meeting licensee" the running horse racing meeting licensee in Suffolk County, harness horse racing meeting licensee in Norfolk County, and dog racing meeting licensees in Suffolk and Bristol Counties licensed by the State Racing Commission pursuant to chapter 128A, as amended, to conduct parimutuel racing during calendar year 2005, or their respective assigns; provided, however, that the two dog racing meeting licensees in Bristol County shall be deemed one for all purposes of this act; and, further, excluding any licensees of racing meetings held or conducted in connection with a state or county fair.

(z) "Substantial party in interest," any person holding a greater that one percent (1%) direct or indirect pecuniary interest, whether as owner, mortgagee or otherwise, in an operating entity, premises, or any other licensee or applicant; but, excluding any shareholder holding less than a five percent (5%) interest in a public company that is a substantial party in interest.

(aa) "Work permit," any permit issued by the commission authorizing the holder to be employed as an employee in a licensed gaming establishment.

Section 3. (a) There shall be within the state lottery and gaming commission, the division of racing and gaming, and an office for the executive director to be designated by the state treasurer.

(b) The executive director of the division shall be appointed by the state and lottery and gaming commission pursuant to section 26a of chapter 10. The executive director shall be responsible for the oversight and operation of the division. The executive director shall employ such professional, technical, and clerical assistants and employees as necessary, subject to appropriation; provided, however, such assistants and employees shall not be subject to chapter 31 or section 9(A) of chapter 20. The executive director shall execute and enforce the rules, regulations and directives of the commission and provide the necessary administrative support.

(c) The powers and duties of the executive director shall include, but not be limited to, the following:

(1) To visit, to investigate, and to place accountants, to technicians, and any other personnel, without prior notice or approval of any party as it may deem necessary, in the office, gaming area, or other place of business of any licensee under this chapter;

(2) To require that the books and financial or other records or statements of any licensee be kept in a manner that the commission or the bureau deems proper;

(3) To visit, to inspect, and to examine without prior notice or approval of any party, all premises where gaming equipment is manufactured, sold or distributed;
(4) To inspect and to test without prior notice or approval of any party, all equipment and supplies in any licensed gaming establishment or in any premises where gaming equipment is manufactured, sold or distributed;
(5) To have access to, to inspect, to examine, to photocopy, and to audit all relevant and material papers, books, and records of an applicant for, or person holding, a license for a gaming establishment under this chapter, on such applicant's or licensee's premises or elsewhere, as practicable, in the presence of the applicant or licensee or his or her agent, and require verification of income, and all other matters affecting the enforcement of this chapter;
(6) To have access to and to inspect, to examine, to photocopy, and to audit all relevant and material papers, books, and records of any affiliate of a licensed gaming establishment that the executive director knows or reasonably suspects is involved in the financing, operation, or management of any entity licensed pursuant to this chapter, either on the affiliate's premises or elsewhere, as practicable, in the presence of the affiliate or any agent thereof; and,
(7) To refer any suspected criminal violation of this chapter to the appropriate office of the district attorney and the attorney general; provided, however, that nothing in this section shall be deemed to limit the investigatory and prosecutorial powers of other state and local officials and agencies;
(d) The executive director shall investigate the qualifications of each applicant under this chapter and make a recommendation to the commission before any license is issued. The executive director shall also continue to monitor the conduct of all licensees and other persons having a material involvement, directly or indirectly, with a licensee for the purpose of ensuring that licenses are not issued to, or held by, and there is no direct or indirect material involvement with a licensee by unqualified, disqualified, or unsuitable persons, or persons whose operations are conducted in unsuitable manner or in unsuitable or prohibited places, as provided in commission regulations.
(e) The executive director may recommend to the commission the denial of any application, the limitation, conditioning, restriction, transfer, suspension, or revocation of any license or approval, or the imposition of any fine or penalty upon any licensee.
(f) The executive director shall maintain a file of applications for licenses under this chapter, together with a record of all action taken by the commission on those applications. Such applications shall be open to public inspection; provided however, that the executive director shall prohibit access to information that is a trade secret, or puts the applicant for a license at an unfair disadvantage with other applicants; provided further, that the executive director shall consult with the division on public records on the appropriate distributing or withholding of said information. The executive director may maintain any other files and records as it deems appropriate.
(g) Each employee of the executive director and the executive director shall file with the executive director and the state ethics commission a statement of financial interest as defined in chapter 268B. Such statement shall be under oath and shall be filed at the time of employment and annually thereafter, as required by the state ethics commission.
(h) No employee of the executive director, the executive director or a member of the commission shall be permitted to place a wager in any establishment licensed by the commission except in the course of his duties.
(i) No commission member or person employed by the commission or the executive director or acting as an agent or assignee for the commission or the executive director shall solicit or accept employment from a licensee, or represent any person or party other that the commonwealth before or against the commission for a period of three years from the termination of his office or employment with the commission.
(j) The executive director may investigate, fraud, deceit, misrepresentation or violations of this chapter by any person licensed hereunder or the occurrence of any such activity within or involving any licensed gaming establishment. If the executive director has reasonable basis to believe that any licensee has been or is engaged in criminal behavior or that criminal activity is occurring within or involving any licensed gaming establishment, the executive director shall report same to the district attorney of the county within which the licensed gaming establishment is located and the Attorney General. The executive director shall make available to said district attorney, the Attorney General, and to the commission all relevant information on such activity.
(k) An action brought against a person pursuant to this chapter shall not preclude any other criminal or civil proceeding as may be authorized by law. The executive director must report all criminal action in violation of this chapter or any General Laws to the appropriate office of the district attorney and to the attorney general, who may take legal action to restrain violations of this chapter or enforce any provision thereof .
(l) The executive director shall make a continuous study and investigation of gaming throughout the commonwealth in order to ascertain the adequacy and effectiveness of state gaming law or regulations and may formulate recommendations for changes in such laws and regulations. The executive director shall make a continuous study and investigation of the operation and administration of similar laws in other states or countries, of any literature or reports on the subject, of any federal laws which may affect the operation of gaming in the commonwealth, all with a view to recommending or effecting changes that will tend to better serve an implement the purposes of this chapter.
(m) The executive director must report all violations of the commission’s rules and regulations to the commission.
(n) The executive director may recommend to the commission to initiate proceedings or actions appropriate to enforce this chapter and the regulations promulgated thereunder.
(o) The executive director must include all studies, reports, recommendation and other collected information required under this chapter, any General Law, special law, or as required by the commission to be included in the commission’s annual report required under section 24b of chapter 10.
Section 4.(a) Notwithstanding chapter 137 , chapter 271 , or any other general or special law to the contrary, each racing meeting licensee is eligible to be licensed, subject to all terms and conditions imposed by the commission and subject to each racing meeting licensees eligibility to hold such license, as determined by the Commission, which shall include the suitability of each racing meeting licensee to hold, maintain and control such a license, to operate electronic gaming devices; and apply to the commission for the right to be awarded one of four licenses to operate up to 2,000 electronic gaming devices at said licensee's premises only; provided further, that only one racing meeting licensee shall be allowed to hold in whole or in part one license under this section. The commission shall determine how many electronic gaming devices shall be allowed at each licensee’s location, and the suitability of each licensee to operate electronic gaming devices. The devices and revenues received from their operation shall remain the property of the commonwealth, subject to subsection (b); provided further, that said commission shall promulgate rules and regulations to direct the division of racing and gaming to maintain said electronic gaming devices, or enter into agreements with third parties to maintain said electronic gaming devices.
The commission shall identify the person, persons, entity or entities in possession or ownership or both of a racing meeting license issued under chapter 128A and chapter 128C. If there has been a change, intent to change or option to purchase the ownership of the premises or racing meeting license or both since November 1, 2005, then the applicant shall fully disclose the information by filing it with the commission within 30 days of the passage of this act, unless demanded sooner than 30 days by the commission..
In addition to paying the fee under subsection (c) of this section and any other provisions of this chapter, the applicant must provide and the commission must consider the following in making a determination of whether to issue a license under this section:

(b) The commission shall collect, on behalf of the commonwealth, a sum equal to 60 percent of net gaming revenues from electronic gaming devices; provided, further, that this percentage shall not be increased, nor decreased for 10 years after the initial issuance of the license to the applicant; provided, further, that from said sums the commission shall first pay to the Treasurer, on behalf of the local aid fund, a sum equal to the diminishment, if any, in said fund attributable to this chapter, as certified by the Treasurer and the secretary of administration and finance, with notice to the chairs of the house and senate ways and means committees. Of the remaining funds collected by the commission under this paragraph on behalf of the commonwealth, one-quarter shall be deposited in the General Fund, one-quarter shall be deposited in the Commonwealth Stabilization Fund, one-quarter shall be deposited in the Local Aid Fund and one-quarter shall be deposited in the Education Fund. The commission shall collect a sum equal to 7 percent of net gaming revenues from electronic gaming devices; which the commission shall then deposit in the purse account pool established under subsection (l) of this section.
The commission shall collect a sum equal to 5 percent of net gaming revenues from electronic gaming devices, which the commission shall deposit in the live racing promotional fund established under subsection (k) of this section.
The commission shall collect a sum equal to 2 percent of net gaming revenues from electronic gaming devices, which the commission shall then deposit in the community mitigation fund established under subsection (i) of this section.
The commission shall collect a sum equal to 0.5 percent of net gaming revenues from electronic gaming devices, which the commission shall pay toward compulsive gambling organizations, as determined by the department of public health; provided further, that said compulsive gambling organization, or organizations shall utilize said monies for the prevention, intervention and treatment of compulsive gambling in the Commonwealth; provided further that, not less than 20% of the funds received under this paragraph shall be utilized for the purpose of identification, prevention, intervention, and treatment of compulsive gambling in minority and immigrant communities; provided further, that the commission shall not pay more than $6,000,000 annually to compulsive gambling organizations or organizations, as determined by the department of public health, and the remainder of said amount shall be collected by the commission, on behalf of the Commonwealth, and 50% of said overage amount shall be deposited in the General Fund and the other 50% of the overage shall be deposited in the Commonwealth stabilization fund.
The remaining sums collected by the commission from the net gaming revenue from the electronic gaming devices shall be distributed to each licensee; provided, further, that each such licensee shall in addition pay all taxes otherwise due and payable; and provided further, that said sums retained by each licensee shall be subject to fees set by the commission, or by this chapter and taxation by any other General Law.
(c) In addition to all other fees payable hereunder, the commission shall require each racing licensee that meets the requirement of the commission and the chapter and is authorized by the commission under subsection (a) of this section to operate a gaming establishment, to pay an initial one time fee of $25,000,000;
(d) No person or party shall operate a gaming establishment without having obtained all necessary operating licenses from the commission. There shall be a single licensed operator for each gaming establishment and each racing meeting licensee. No license shall operate, invest or own, in whole or in part, another licensee’s license or establishment. If a licensee does have more than one license, or operates, invests or owns, in whole or in part, another license, said licensee shall within 30 days divest the license or interest subject to the approval of the commission, and shall pay a fine of up to $5,000; provided further that persons or entities that violate this section shall be required to surrender to the commission any licenses issued to the licensee under this chapter, chapter 24, chapter 128A and chapter 128C; provided further, that the persons or entities shall be prohibited in the future from being able to apply and receive licenses under said chapters. Failure for a licensee to comply with this section shall result in a fine of $5,000 per day.
The licensing standards must be met at all times by each officer, director, partner, and trustee of the operating entity, by each substantial party in interest of the operating entity or of the premises on which such establishment is located, and by such other party in interest of the operating entity, the premises, or any holding company or intermediary company of the operating entity or the premises as the commission may require. In no event shall the commission permit a person previously convicted of a felony under state or federal law, or any comparable conviction of a felony of a law in another country or who has not satisfied the standards for financial capability, to be a substantial party in interest of the gaming operator, the gaming establishment, or of the premises, or to hold any direct or indirect interests in such gaming operator, gaming establishment or premises.
(e) A person may apply to be a licensed operator by filing an application with the commission. Each application shall disclose the identity of each party in interest, each holding company and intermediary company, and each affiliate of the operating entity. The application shall disclose, in the case of the privately held corporation, the names and addresses of all directors, officers, and stockholders; in the case of a publicly traded corporation, the names and addresses of all directors, officers, and persons holding at least five percent of the total capital stock issued and outstanding; in the case of a limited liability company, the names and addresses of all members of the management committee and all persons holding at least 5 percent of the membership interests; in the case of a partnership, the names and addresses of all partners, both general and limited; and in the case of a trust, the names and addresses of all trustees and beneficiaries.
(f) Each operating entity shall identify, in its application, the facilities and structures that will be constructed on the premises containing the establishment where it proposes to conduct its gaming operations. The application shall contain such information regarding the physical location and condition of the premises and the potential impact of the proposed gaming operations upon adjacent properties and the municipality and region within which the premises are located, as the commission may require. The application shall disclose the identity of all parties in interest regarding the premises and to be on the premises; and except as otherwise permitted herein, no person other than a gaming establishment licensee hereunder shall have any right to or interest in any gaming revenue derived from electronic gaming devices in the form of a percentage of such sums or require more than fair market value for rent, leases or services. The application shall identify proposed infrastructure improvements, economic development and job creation opportunities to the municipality and the region wither the premises are located, as the commission may require.
(g) No licensed operator shall obtain any gaming equipment from a person who does not hold a license. No licensed operator shall enter into any agreement for the receipt of goods or services, of any form and in any amount, from a person who does not hold a license, when a license is required for such agreement under this act or under regulations promulgated by the commission.
(h) No licensed operator shall employ any person in a gaming establishment who does not hold a work permit, when a work permit is required for such position under regulations promulgated by the commission.
(i) The community mitigation fund shall be used to provide mitigation resources for those communities with a licensed parimutuel racetrack or a licensed gaming establishment and communities that are contiguous with such licensed parimutuel racetracks, or licensed gaming establishments. Of the amount collected each year by the commission for the purposes of mitigation, pursuant to subsections (b) and subsection (j) of this section, the city of Taunton shall receive not less than 5%, the town of Raynham shall receive not less than 5%, the town of Plainville shall receive not less than 5% from said fund, the city of Revere shall receive not less than 25%, the city of Boston shall receive not less than 25% from said fund, and the remainder shall be deposited into said fund and be distributed by the commission to address direct increases in the cost of municipal and state public services caused by each licensed operator, including, but not limited to, improving access roads adjacent or contiguous to the facilities, improving traffic flow, and congestion in the host communities and contiguous communities, and law enforcement costs experienced by such communities; provided that, contiguous communities shall mean those whose borders abut by land, or bridge, a community where a licensed parimutuel racetrack, or licensed gaming establishment is located; provided further, that said commission, in distributing such funds, shall give priority to communities with more than 1 licensed pari-mutuel racetrack, or licensed gaming establishment and communities contiguous to said communities. Any and all unspent funds shall remain in the account to be appropriated by the commission for future mitigation claims.
(j) The commission is authorized and directed to establish through the division the live racing promotion fund for each parimutuel racing meeting licensee which are also licensed gaming operators under this chapter. The purpose of said each fund is to promote, sustain and improve live racing in the Commonwealth. The money deposited into said account shall be collected annually by the commission under subsection (a) of this section. The commission shall establish rules and regulations under what conditions, the method and time, the application and review process, and the criteria by which said funds may be distributed to the licensee in the form of reimbursements for costs born by the licensee which is directly associated to the improvement of the live racing industry at the licensee’s facility. As part of the consideration for reimbursement, the commission shall consider, but is not limited to, the following: capital improvements to the racetrack, capital improvements to the backstretch area which shall include suitable housing, toilet facilities and the barns, capital improvements to the spectator area for the racetrack, capital improvements to the kennels, promoting and advertising the live racing product and only the live racing product, promoting and encouraging horse breeding in the Commonwealth, promoting and encouraging better treatment and welfare of horses and dogs, providing for health and human services to backstretch workers, so-called, and jockeys, providing additional purses beyond those required under chapter 128A, chapter 128C, and this chapter or any other special law, and holding races specifically for Massachusetts breed horses. The commission shall on an annual basis review the progress of the live racing product of each licensee’ facility and may withhold distribution of funds if the live racing product does not demonstrate an improvement; provided that, the commission shall considered, but is not limited, as the improvement in the progress of live racing: the number of live racing days actually conducted, the wagers made of live races, and the wagers made on simulcast of the live races out of the Commonwealth. The commission may provide for reimbursement to the licensee in circumstances where there is no demonstrable improvement in the live racing if the commission determines that the degradation of the live racing product was the result of the weather conditions, race track conditions, strikes, work stoppages, sickness or quarantine not within the control of the licensee. Should any licensee be unable, for any reason, to conduct parimutuel live racing under chapter 128A and is also unable to conduct simulcast under chapter 128C then the commission, on behalf of the commonwealth, shall deposit the remainder of the funds in the licensee’s account in the General Fund; in addition, all moneys required to be distribution to this fund from subsection (a) of this section shall instead be collected by the commission on behalf of the Commonwealth. Should a licensee become licensed or regain a license to conduct parimutuel live racing under chapter 128A and meet the requirements under chapter 10 and chapter 10A, and the commission’s rule and regulations and is licensed to simulcast racing under chapter 128C, then the commission shall reestablish said account in accordance to this section, but the licensee is not entitled or shall receive any monies collected on behalf of the Commonwealth during the period of time the licensee was prohibited from conducting live racing. No monies from this fund can be used to, promote, advertise, purchase, transport, replace, maintain or dispose of any electronic gaming devices or equipment, simulcast devices or equipment as defined under chapter 128C.
(k) The commission is authorized and directed through the division to establish the live racing purse pool account to be used to supplement the purses of parimutuel racing meeting licensees which are also licensed gaming operators under this chapter. The commission shall establish rules and regulations for the collection, application and distribution of said funds in the live racing purse pool account. Of the funds collected by the commission each year under subsection (a) of this section for said account, not less than 35% shall be deposited in the purse account for the running horse racing meeting licensee in Suffolk County, not less than 15% shall be deposited in the purse account for the harness horse racing meeting licensee in Norfolk County, not less than 5% shall be deposited in the purse account for the greyhound racing meeting licensee in Suffolk County, and not less than 5% shall be deposited in the greyhound racing meeting licensee in Bristol County and the remainder shall be deposited into the purse account pool and the commission shall determine what the additional amount, if any, is needed to ensure that the racing meeting licensee’s live racing product is competitive with racetracks with a similar type and to ensure that there are sufficient purse funds to have Massachusetts breed horses racing at racetracks within Commonwealth. As part of the determination for additional purse funds to be deposited into each racing meeting licensees purse account from said account, the commission shall consider the average purse per race of the twenty 20 running horse racetracks in the United States from the previous year multiplied by the number of races completed from the previous year in compliance with chapter 128A, the commission may consider the average purse per race of the 10 harness horse racetracks in the United States from the previous year multiplied by the number of races completed from the previous year in compliance with chapter 128A, the commission may consider the average purse per race of the 10 greyhound racetracks in the United States from the previous year multiplied by the number of races completed from the previous year in compliance with chapter 128A, the commission shall conduct a comparison of racetracks of the same species and types of racing to those Commonwealth’s racing meeting licensee.
The commission shall pay 2 percent of the running horse racing meeting licensee purses provided under the live racing purse pool account to the Massachusetts Thoroughbred Breeders’ Association, Inc. The running horse racing meeting licensee in Suffolk County and the harness horse racing meeting licensee in Norfolk County shall be required to dedicate not less than 6 percent of the purses distributed under this section towards racing and purses specifically for Massachusetts breed horses. Unspent money from the live racing purse account pool shall be retained in said account and may be only be spent by the commission in compliance with this section.
Should any licensee unable to conduct parimutuel live racing under chapter 128A for any reason, then the commission shall discontinue depositing purse monies from the live racing purse pool account into said licensee’s purse account after the day live racing ends; provided, that the division is authorized and directed to recover any unspent purse funds from said licensee and deposit it into live purse pool account as unspent funds; and provided further, that any remaining distributions to said licensee not yet made shall be transferred to the unspent portion of the account. Should a licensee become licensed or regain a license to conduct parimutuel live racing and meet the requirements under chapter 10 and 10A and the commission’s rule and regulations, then the commission is authorized to continue distributions form this section into the licensee’s purse account in accordance to this section, but the licensee is not entitled or shall receive any purse monies during the period of time the licensee was prohibited from conducting live racing.
The commission on an annual basis shall collect and maintain information of purse distribution of all running horse racetracks, harness horse racetracks and greyhound racetracks within United States, and said information must include, but is not limited to, the annual purse distribution, daily purse distribution, purse distribution per race, the number of races run, number of racing performances, number of calendar days of racing, and the average number of races per racing performance and per calendar day.
Section 5.The commission may make an assessment against the licensees for the purpose of reimbursing the Commonwealth the cost of the division’s operation, administration and regulation. Said assessment shall be certified annually by the commission as sufficient to reimburse the commonwealth for funds appropriated for the operation of the division, including amounts sufficient to cover the cost of fringe benefits as established by the secretary of administration and finance pursuant to section 6B of chapter 29. Said assessment shall be made proportionately against each licensee on the basis of the amount of net gaming revenue retained by each licensed operator from the previous fiscal year. If the commission fails to expend in any fiscal year the total amount assessed under this paragraph, any amount unexpended shall be credited against the assessment to be made in the following year and the assessment in such following year shall be reduced by such unexpended amount. If the commission finds that it is unable to meet its operating budget during a fiscal year and if it determines that it requires additional funding is needed, then the commission must make a request to the Governor, the State Treasurer, the House and Senate Committees on Ways and Means, and the Joint Committee on Consumer Protection and Professional Licensure, and said request must include a explanation for the request of addition funding.

The commission may establish rules and regulations to assess and collect fees pertaining to individual regulatory, licensing or investigative matters that can be assessed against a licensee; provided, that any fees assessed and collected regarding an application or investigation of a license shall be placed in the gaming investigation account under section 8 of this chapter.

Section 6.(a) The commission shall cause to be made and kept a record of all proceedings at all meetings of the commission. These records shall be maintained by the division and the division shall make said records available to the public for inspection as allowed by law.

(b) Notwithstanding any other general or special law to the contrary all files, records, reports, and other information in the possession of any state or local governmental agency including tax filings and related information that are relevant to an investigation by the executive director conducted pursuant to this chapter shall be made available by such agency to the commission as requested. Any tax or financial information received from a governmental agency shall be used solely for effectuating the purposes of this chapter. To the extent that these files, records, reports, or information are confidential or otherwise privileged from disclosure under any law, they shall not lose that confidential or privileged status for having been disclosed to the commission; provided further, that the commission shall consult with the division of public records regarding the handling of said information.

(c) The attorney general, every district attorney, and every state and local law enforcement agency shall notify the commission of any investigation or prosecution of any person or entity if it appears that a violation of any law related to gaming has occurred.

Section 7.(a) No official, member, employee, or agent of the commission and the division, having obtained access to confidential records or information in the performance of duties pursuant to this chapter, unless otherwise provided by law, shall knowingly disclose or furnish the records or information, or any part thereof, to any person who is not authorized by law to receive it. Violation of this provision shall be punishable by a fine of not more than $10,000 or by imprisonment in the house of corrections for not more than 1 year, or by both such fine and imprisonment.

(b) No person shall operate, carry on or conduct any controlled game or operate a gaming operation except subject to a license issued by the commission as provided in this chapter.

(c) Any person included on the list of persons to be excluded or ejected from a licensed gaming establishment pursuant to regulations promulgated pursuant to this chapter who knowingly enters or remains on the premises of a licensed gaming establishment shall be punished by imprisonment in the house of corrections for not more than 1 year, or by a fine of not more than $10,000, or both.

(d) Any person under the age of 21 years who plays, places wagers at, or collects winnings from, whether personally or through an agent, any controlled game, or who is employed as an employee in a licensed gaming establishment shall be punished by imprisonment in the house of correction for not more than 1 year, or by a fine of not more than $1,000, or by both such imprisonment and fine. Any licensee, or other person, who knowingly allows a person under the age of twenty-one to play, place wagers at or collect winnings, whether personally or through an agent, shall be punished by imprisonment in the house of correction for a term of not more than 1 year or pay a fine of not more than $10,000, or by both. A subsequent violation of this section shall subject the licensee to imprisonment in the house of correction for not more than 2 years or pay a fine of not more than $25,000, or by both.

(e) Any person who willfully fails to report, pay, or truthfully account for and pay over any fee, penalty, fine, or interest thereon, imposed by this chapter or any regulation thereunder, or willfully attempts in any manner to evade or defeat any fee, penalty, fine, or interest thereon, or payment thereof shall be punished by imprisonment in state prison for not more than 5 years or by imprisonment in the house of correction for not more than 21/2 years, or by a fine of not more than $10,000 plus the unpaid fee, penalty, fine, or interest plus interest, or by both.

(f) Any person who willfully resists, prevents, impedes, interferes with, or makes any false, fictitious or fraudulent statement, or representation to the commission or to the division of racing and gaming or to their agents or employees in the performance of duties pursuant to this chapter, shall be punished by imprisonment in the house of corrections for not more than 2 years, or by a fine of not more than $5,000, or by both.

(g) Any person, as owner, lessee, or employee, whether for hire or not, either solely or in conjunction with others, who knowingly shall do any of the following without having first procured and thereafter maintained in effect all licenses required by law:

(1) To deal, operate, carry on, conduct, maintain, or expose for play in this state any controlled game or gaming equipment used in connection with any controlled game;

(2) To receive, directly or indirectly, any compensation or reward or any percentage or share of the revenue, for keeping, running, or carrying on any controlled game, or owning the real property or location in which any controlled game occurs;

(3) To manufacture or distribute within the territorial boundaries of the commonwealth any gaming equipment to be used in connection with controlled gaming; shall be punished by imprisonment in the house of corrections for not more than 2 1/2 years, or by a fine of not more than $10,000, or by both.

(h) Any person who knowingly permits any controlled game to be conducted, operated, dealt, or carried on in any house or building or other premises that he or she owns or leases, in whole or in part, if that activity is undertaken by a person who is not licensed as required by this chapter shall be punished by imprisonment in state prison in the house of corrections for not more than 2 1/2 years, or by a fine of not more than $10,000, or by both.

(i) Any former commissioner or commission or division employee who, within three years after his state employment has ceased, solicits or accepts employment with or provides consultant services to any licensee or at any licensed gaming establishment shall be punished by a fine of not more than $5,000 or by imprisonment for not more than 2 1/2 years in the house of correction or by both. Any licensee who knowingly employs a former commissioner or commission or division employee in violation of this subsection shall be subject to immediate revocation of his or her license.

(j) It is unlawful for any person:

(1) to alter or misrepresent the outcome of a game or other event on which wagers have been made after the outcome is determined but before it is revealed to the players;

(2) knowingly to entice or induce another to go to any place where gaming is being conducted or operated in violation of the provisions of this chapter, with the intent that the other person play or participate in that gaming;

(3) to manipulate, with the intent to cheat, any component of a gaming device in a manner contrary to the designed and normal operational purpose for the component including, but not limited to, varying the pull of the handle of a slot machine, with knowledge that the manipulation affects or reasonably may tend to affect the outcome of the game or with knowledge of any event that affects the outcome of the game;

As used in this section, "cheat" means to alter the selection of criteria which determine:
(a) the results of a game; or
(b) the amount or frequency of payment in a game.

(4) to have on his person or in his possession on or off the premises of any licensed gaming establishment any key or device known to have been designed for the purpose of and suitable for opening, entering or affecting the operation of any gaming or equipment, or for removing money or other contents therefrom, except where such person is a duly authorized employee of a licensee acting in furtherance of his employment within a licensed gaming establishment.
A violation of this section shall be punishable by imprisonment in the house of corrections for not more than 2 years or by a fine of not more than $5,000, or by both.

(k) A violation of this chapter, the penalty for which is not specifically fixed in this section, shall be punishable by imprisonment in the house of corrections for not more than 2 years, or by fine of not more $5,000, or by both.

(l) The conviction of a licensee for violation of, an attempt to violate, or conspiracy to violate any provision of this chapter or any regulation thereunder may result in the immediate revocation of all licenses issued to the violator under this chapter; and, in addition, the court, upon application of the commission, may order that no new or additional license under this chapter be issued directly or indirectly to the violator, or be issued to any person who owned the room or premises in which the violation occurred, for one year after the date of revocation.

Section 8.(a) Every licensed gaming establishment shall, upon receipt of criminal or civil process compelling testimony or production of documents in connection with any civil or criminal investigation, immediately disclose such information to the commission.

(b) All licensees shall have a duty to inform the commission of any action which they reasonably believe would constitute a violation of this chapter, and shall assist the commission and any federal or state law enforcement agency in the investigation and prosecution of such violation. The commission shall hold a hearing under chapter 30A on any licensee's failure to comply with this paragraph, and may take appropriate actions including suspension or revocation of the license. No person who so informs the commission shall be discriminated against by an applicant or licensee because of the supplying of such information.

Section 9.Whenever a licensed gaming establishment refuses payment of alleged winnings to a patron, the gaming establishment and the patron are unable to resolve the dispute to the satisfaction of the patron and the dispute involves:

(a) $500 or more, the gaming establishment shall immediately notify the executive director; or

(b) less than $500, the gaming establishment shall inform the patron of his right to request that the executive director conduct an investigation.

The executive director shall conduct whatever investigation it deems necessary and shall determine, in its sole discretion and without need for a hearing, whether payment should be made. In the event the executive director determines that payment should be made, all costs of the investigation shall be borne by the gaming establishment. Failure of the establishment to notify the executive director or inform the patron as provided herein shall subject the establishment to disciplinary action.

Any party aggrieved by the determination of the executive director may file a petition for reconsideration with the commission setting forth the basis of the request for reconsideration. Any hearing for reconsideration shall be conducted pursuant to regulations adopted by the commission.

Section 10.Every licensed gaming establishment shall keep conspicuously posted on his premises a notice containing the name and numbers of the council on compulsive gambling and a statement of its availability to offer assistance.
Section 11. Any person or entity who knowingly transmits or receives wagers of any type by any telecommunication device, including telephone, cellular phone, Internet, or local area network, which shall mean to include wireless local networks, or any other similar device or equipment, or knowingly installs or maintain said device or equipment for the transmission or receipt of wagering information shall be punished by imprisonment in the house of correction for not more than 2 years or pay a fine of not more than $25,000 or by both; provided, however, that this section shall not apply to the use of a local area network as a means to place wagers on a licensed gaming establishment, or use of said devices or equipment by the commission in its duties in regulating, enforcing and auditing a licensed gaming operator, or use of said devices or equipment for the purpose of a licensed gaming operator advertising itself.
Section 12.The commission's financial activities shall be subject to audit by the State Auditor who shall have access to all books and records of the commission. Further, the commission shall annually, on or before January first, provide the State Auditor with all annual independent audits required of all licensees.

The State Auditor may at anytime, at his or her discretion, audit the financial activities and any other activities of any gaming licensee licensed under this chapter; provided further, that the State Auditor shall have access to a gaming licensee’s establishment equivalent to those provided to the commission under this chapter. The gaming licensee must reimburse the Commonwealth for any audit conducted by the State Auditor.

SECTION 7. Section 1 of chapter 128A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the definition of “Commission” and inserting in place thereof the following definition:-
“Commission,” the state lottery and gaming commission, established under section 23 of chapter 10.

SECTION 8. Section 1 of chapter 128C of the General Laws, as so appearing, is hereby amended by striking out the definition “Commission,” and inserting in place thereof the following definition:-

“Commission,” the state lottery and gaming commission, established under section 23 of chapter 10.

SECTION 9. Section 283 of chapter 94 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the word “standards”, in line 8,the following words:-or is a licensed and regulated under chapter 10A.

SECTION 10. Section 17B of chapter 271 of the General Laws, as appearing in the 2004 edition, is amended by inserting after section 17B the following section:-

Section 17C. Whoever uses an local area network or the Internet or both, or being the occupant in control of premises where a local area network or Internet service or both is located, or a subscriber for an local area network service or Internet service, knowingly permits another to use the local area network service or Internet service so located or for which he subscribes, as the case may be, for the purpose of accepting wagers or bets, or buying or selling of pools, or for placing all or any portion of a wager with another, upon the result of a trial or contest of skill, speed, or endurance of man, beast, bird, or machine, or upon the result of an athletic game or contest, or upon contests of skill or chance between the wagers, or upon the lottery called the numbers game, or for the purpose of reporting the same to a headquarters or booking office, or for the purpose of collecting a fee for providing the devices for contests of skill or chance between wagers, or who under a name other than his own or otherwise falsely or fictitiously procures local area network service or Internet service for himself or another for such purposes, shall be punished by a fine of not more than $2,000 or by imprisonment for not more than 1 year; provided, however, that this section shall not apply to use of local area networks or other similar devices of equipment authorized under the provisions of chapter 10A.

SECTION 11. Said chapter 271, , is hereby further amended by inserting after section 22B, as so appearing, the following section: -

Section 22C. Nothing in this chapter shall authorize the prosecution, arrest or conviction of any person for promoting or playing, or for allowing to be conducted, promoted or played, the games authorized and licensed under chapter 10 and 10A; provided, said game are conducted under a license issued by the Massachusetts state lottery commission, under the provisions of chapter 10 and 10A.

SECTION 12. The first paragraph of section 12A of chapter 494 of the acts of 1978 is hereby amended by striking out the words "2001 to 2005, inclusive”, inserted by section 29 of chapter 139 of the acts of 2001, and inserting in place thereof the following words:- 2005 to 2007, inclusive.

SECTION 13.   The last paragraph of said section 12A of said chapter 494 is hereby amended by striking out the words "December 31, 2005", inserted by section 30 of said chapter 139 and inserting in place thereof the following words:- December 31, 2007.

SECTION 14.   Section 13 of said chapter 494 is hereby amended by striking out the words "2001 to 2005, inclusive”, inserted by section 31 of said chapter 139 and inserting in place thereof the following words:- 2005 to 2007, inclusive.

SECTION 15.   Section 15 of said chapter 494 is hereby amended by striking out the words "2001 to 2005, inclusive”, inserted by section 32 of said chapter 139 and inserting in place thereof the following words:- 2005 to 2007, inclusive.

SECTION 16.   Section 9 of chapter 277 of the acts of 1986 is hereby amended by striking out the words "2001 to 2005, inclusive”, inserted by section 33 of said chapter 139 and inserting in place thereof the following words:- 2005 to 2007, inclusive.

SECTION 17.   The first sentence of the first paragraph of section 3 of chapter 114 of the acts of 1991 is hereby amended by striking out the words "2001 to 2005, inclusive”, inserted by section 34 of said chapter 139 and inserting in place thereof the following words:- 2005 to 2007, inclusive.

SECTION 18.   The last paragraph of said section 3 of said chapter 114 is hereby amended by striking out the words "December 31, 2005", inserted by section 35 of said chapter 139 and inserting in place thereof the following words:- December 31, 2007.

SECTION 19.   The first paragraph of section 4 of said chapter 114 is hereby amended by striking out the words:- "2001 to 2005, inclusive”, inserted by section 36 of said chapter 139 and inserting in place thereof the following words:- 2005 to 2007, inclusive.

SECTION 20.   The last paragraph of said section 4 of said chapter 114 is hereby amended by striking out the words "December 31, 2005", inserted by section 36 of said chapter 139 and inserting in place thereof the following words:- December 31, 2007.

SECTION 21. The first paragraph of section 5 of said chapter 114 is hereby amended by striking out the words "2001 to 2005, inclusive”, inserted by section 38 of said chapter 139 and inserting in place thereof the following words:- 2005 to 2007, inclusive.

SECTION 22. Section 13 of chapter 101 of the acts of 1992 is hereby amended by striking out the words "December 31, 2005", inserted by section 39 of said chapter 139 and inserting in place thereof the following words:- December 31, 2007.

SECTION 23. Section 45 of said chapter 139 is hereby amended by striking out the words " December 31, 2005" and inserting in place thereof the following words:- December 31, 2007.

SECTION 24. Notwithstanding any general or special law or rule or regulation to the contrary, including chapter 150 E of the General Laws, all employees, equipment, finances, data, and records of the Massachusetts state racing commission shall be transferred to the Massachusetts division of gaming racing and shall be transferred with no impairment of employment rights held immediately before the transfer date, without interruption of service, without impairment of seniority, retirement or other rights of employees and without reduction in compensation or salary grade. All transferred employees shall continue their right to collectively bargain pursuant to chapter 150E of the General Laws, and shall be considered employees for the purposes of said chapter 150E. Any collective bargaining agreement in effect immediately before the transfer date shall continue in effect and the terms and conditions of employment therein shall continue as if the employees had not been so transferred, until a new successor agreement is reached with the Massachusetts state lottery and gaming commission. Within 90 days of said transfer the Massachusetts Labor Relations Commission shall conduct an election with said transferred employees selecting from the existing collective bargaining representatives, the winner of said election shall be the exclusive bargaining representative of all Massachusetts state lottery and gaming commission employees. All new employees of the Massachusetts state lottery and gaming commission shall be placed in said bargaining unit.

SECTION 25.The transfer of powers from the state racing commission to the Massachusetts state lottery and gaming commission under this act shall occur 1 year after the passage of this act. Members of the Massachusetts gaming control commission members shall be appointed within 30 days of the effective date of this act. The Massachusetts gaming control commission and the state racing commission shall enter into a memorandum of understanding to transition of the functions, duties and responsibilities to the state racing commission to the Massachusetts state lottery and gaming commission within 1 year after the effective date of this act.”

FURTHER GOV  130.1

SIMULCAST EXTENSION

Mr. Morrissey moved that the bill be amended by adding at the end thereof the following 13 sections:-
SECTION 91. The first paragraph of section 12A of chapter 494 of the acts of 1978 is hereby amended by striking out the words “, and until December 31, 2008”, inserted by section 8 of chapter 449 of the acts of 2006, and inserting in place thereof the following words:- , and until December 31, 2010.
SECTION 92. The last paragraph of said section 12A of said chapter 494 is hereby amended by striking out the words “December 31, 2008”, inserted by section 9 of said chapter 449, and inserting in place thereof the following words:- December 31, 2010.
SECTION 93. The introductory paragraph of section 13 of said chapter 494 is hereby amended by striking out the words “, and until December 31, 2008”, inserted by section 10 of said chapter 449, and inserting in place thereof the following words:- , and until December 31, 2010.
SECTION 94. Section 15 of said chapter 494 is hereby amended by striking out the words “, and until December 31, 2008”, inserted by section 11 of said chapter 449, and inserting in place thereof the following words:- , and until December 31, 2010.
SECTION 95. The first paragraph of section 9 of chapter 277 of the acts of 1986 is hereby amended by striking out the words “, and until December 31, 2008”, inserted by section 12 of said chapter 449, and inserting in place thereof the following words:- , and until December 31, 2010.
SECTION 96. The first sentence of the first paragraph of section 3 of chapter 114 of the acts of 1991 is hereby amended by striking out the words “, and until December 31, 2008”, inserted by section 13 of said chapter 449, and inserting in place thereof the following words:- , and until December 31, 2010.
SECTION 97. The last paragraph of said section 3 of said chapter 114 is hereby amended by striking out the words “December 31, 2008”, inserted by section 14 of said chapter 449, and inserting in place thereof the following words:- December 31, 2010.
SECTION 98. The first paragraph of section 4 of said chapter 114 is hereby amended by striking out the words “, and until December 31, 2008”, inserted by section 15 of said chapter 449, and inserting in place thereof the following words:- , and until December 31, 2010.
SECTION 99. The last paragraph of said section 4 of said chapter 114 is hereby amended by striking out the words “December 31, 2008”, inserted by section 16 of said chapter 449, and inserting in place thereof the following words:- December 31, 2010.
SECTION 100. The first paragraph of section 5 of said chapter 114 is hereby amended by striking out the words “, and until December 31, 2008”, inserted by section 17 of said chapter 449, and inserting in place thereof the following words:- , and until December 31, 2010.
SECTION 101. Section 13 of chapter 101 of the acts of 1992 is hereby amended by striking out the words “December 31, 2008”, inserted by section 18 of said chapter 449, and inserting in place thereof the following words:- December 31, 2010.
SECTION 102. Section 45 of chapter 139 of the acts of 2001 is hereby amended by striking out the words “December 31, 2008”, inserted by section 19 of said chapter 449, and inserting in place thereof the following words:-December 31, 2010.

SECTION 103. Section 20 of chapter 449 of the acts of 2006 is hereby amended by striking out the words “December 31, 2008” and inserting in place thereof the following words:- December 31, 2010

GOV  131

LOTTERY RETAIL INCENTIVES

Mr. Knapik moved that the bill be amended by inserting after Section 90, the following new Section:-
“SECTION 91. Employees of the Massachusetts State Lottery shall not use, and shall not issue any tickets to sporting or entertainment events on any basis to retailers under the Massachusetts State Lottery Retailers Incentive Program and the Massachusetts State Lottery shall not receive as a condition of contract, nor as a benefit of any kind tickets or access to any sporting or entertainment event from any advertising contracts or licensing deals

GOV  132

MUNICIPAL MANAGEMENT INCENTIVE GRANTS

Ms. Tucker, Mr. Tarr and Mr. Moore moved that the bill be amended, in Section 2, by adding the following item:-
1201-0105:  For municipal management incentive grants to help communities provide cost effective and efficient delivery of local services.  Grants may include, but not be limited to, consolidation of town and school departments; regionalization of local government functions, including SPED transportation; technology to upgrade and standardize financial systems; improve accounts receivable; control health insurance costs, including analysis of joining GIC………………………………$1,000,000

GOV  133

GEORGE FINGOLD LIBRARY

Mr. Augustus moved that the bill be amended, in Section 2, in item 1120-4005, by striking out the figure “1,273,692” and inserting in place thereof the figure “1,460,000”.

GOV  134

HUMAN SERVICE PROVIDERS TECHNICAL CORRECTION

Mr. Augustus, Mr. Marzilli, Mr. Petrucelli, Mr. Pacheco, Ms. Candaras, Mr. Timilty, Ms. Spilka, and Mr. Joyce moved that the bill be amended, in Section 2, in item 1599-6901, by striking the words, “equal percentage”

GOV  135

An Amendment Relative to the Capital Budget

Mr. Tarr moved that the bill be amended, in Section 2, in item 6010-0002, in line 4 to 6, inclusive, by striking the following: “June 30, 2010, the department shall develop a plan that phases into the budgetary appropriation all personnel costs transferred to capital authorizations since June 30, 2002” and inserting in place thereof the following:-  “June 30, 2012, the department shall develop a plan that phases into the budgetary appropriation all personnel costs transferred to capital authorizations since June 30, 2002; provided further, the department shall complete an overview of the employment levels paid by capital authorizations since June 30, 2002, and the anticipated number of employees scheduled to be transferred to budgetary appropriations each fiscal year through June 30, 2012; provided further, such plan shall be submitted to the house and senate committees on ways and means and the clerks of the house and senate by December 31, 2008”

GOV  136

LOTTERY CORPORATE ADVERTISING

Mr. Hedlund moved that the bill be amended, in Section 2, by inserting after item 0640-0000 the following item:-
“0640-0001   For the operation of the state lottery commission; provided, that the commission may seek revenue from corporate advertising for non-lottery products on all lottery products; provided further, that payments from corporate advertising shall be deposited into the General Fund; and provided further, that expenditure in this item is limited to an amount not to exceed revenues collected from corporate advertising payments or the amount appropriated herein, whichever is less……..$3,653,019”

GOV  137

MUNICIPAL PENSION SYSTEM INVESTMENT REFORM

Mr. Marzilli and Ms. Jehlen moved that the bill be amended by inserting after Section 89, the following new Section:-
“Section XX.    Subdivision (8) of section 22 of Chapter 32 of the General Laws as appearing in the 2004 Official Edition is hereby amended in subsection (c) by striking out in lines 1088- 1095 “The decision to participate shall be made by the board of each system, subject to the approval of the legislative body and the chief executive officer of each governmental unit.  The decision of the board shall be deemed to have been approved unless the legislative body and the chief executive officer act to disapprove such decision by July first of the year in which the decision of such board is made.  The board of each system shall notify the PRIM board and the appropriate legislative body and chief executive officer by May first of each year of its decision” and inserting in place thereof the following:- “The decision to participate shall be made by the legislative body of each governmental unit. The legislative body shall notify the PRIM board, and the retirement board of said system by May first of each year of its decision.”
ubdivision (8) of section 22 of Chapter 32 of the General Laws is hereby further amended in subsection (c) by striking out in line 1106 the words “board of a system” and inserting in place thereof “legislative body””.

GOV  138

An Amendment Relative to Firearms Safety

Mr. Tarr and Mr. Baddour moved that the bill be amended, in Section 2, in item 1410-0012, by inserting at the end the following:- “provided further, that not less than $20,000 shall be expended for the purposes of the GOAL foundation to provide state certified basic firearms safety courses to the public at no charge, with preference given to veterans”.

Redraft GOV  139

An Amendment Relative to Sewer Rate Relief

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

“SECTION 91. Section 2Z of chapter 29 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended, in line 21, by inserting after the word “project” the following: 

‘And any project in which construction has been initiated and for which the total cost is greater than $8,000 per capita on a per resident basis as determined by the most recent United States census or any sewer system that experiences extraordinary rate increases due to a mandate pursuant to environmental laws and regulations.’”

Redraft GOV  140

VETERAN MENTAL HEALTH SUPPORT

Messrs. Augustus and McGee moved that the bill be amended, in Section 2, in item1410-0012,  by inserting, after the words, “Korean War memorial located in the Charlestown navy yard;” the following:-
provided further that not less than $200,000 shall be expended for outreach and counseling to newly returned Massachusetts veterans in support of Operations Iraqi Freedom and Enduring Freedom

Redraft GOV  141

WOMEN VETERANS' OUTREACH PROGRAM

Messrs. Augustus and McGee moved that the bill be amended, in Section 2, in item 1410-0015, by striking out the figure, “$42,282” and inserting in place thereof the figure, “$50,000

GOV  142

COUNTY AND FORMER COUNTY CORRECTIONAL FACILITY STUDY

Ms. Chandler moved that the bill be amended, in Section 2, in item 0611-5510, by adding at the end thereof the following: “provided further that the Department of Revenue shall conduct a study to determine the cost analysis for providing payment in lieu of taxes to any county or former county correctional facility whose operating expenses paid by the Commonwealth exceeds 50 percent; provided further, that said study shall be completed by October 1, 2008 and submitted to the House and Senate Committee on Ways and Means; provided further, that said payment in lieu if taxes shall not take effect until legislation has been filed and enacted pursuant to Part 2, Chapter 1, Sec. 1, Article II of the Constitution.”

GOV  143

JOB CLASSIFICATION STUDY

Ms. Chandler moved that the bill be amended, in Section 2, in item 1750-0100, by adding at the end thereof the following: “provided further, that 1,300,000 shall be expended for a job analysis study of positions of state employees of the executive branch, to be conducted by the human resources division; provided, that the study shall update the current job classification system, including but not limited to class titles, job specifications, organizational relationships, and job qualifications; shall seek to ensure that the job classification system is free of gender and racial discrimination; and shall review the effect of the job classification system on employee pension and benefits, and on the recruitment and retention of employees of the Commonwealth; and is said item by striking out the figure “$4,125,345” and inserting in place thereof the following figure:- “$5,425,345”.

GOV  144

WORCESTER VETERANS OUTREACH CENTER

Mr. Augustus, Mr. Moore, and Ms. Chandler moved that the bill be amended, in Section 2, in item 1410-0012, by inserting, after the words, “Veterans Association of Massachusetts, Inc., in the city of Springfield;” the following:-
provided further that $150,000 shall be expended for the Worcester Veterans Outreach Center;

GOV  145

PILOT

Ms. Chandler moved that the bill be amended, in Section 2, in item 0611-5510, by striking out the figure “$28,300,000” and inserting in place thereof the following figure:- “30,300,000”.

GOV  146

CENSUS 2010

Mr. Morrissey moved that the bill be amended, in Section 2, in item 0511-0270, by striking out the figure “ $600,000” and inserting in place thereof the following figure:- “$800,000”.

GOV  147

CENSUS LANGUAGE

Mr. Morrissey moved that the bill be amended, in Section 2, in item 0511-0270, by striking out the following words, “For the state secretary to”, and inserting in place thereof the following words:- “The Secretary of State may”.

GOV  148

ELECTIONS

Mr. Morrissey moved that the bill be amended, in Section 2, in item 0521-0000, by striking out the figure “$7,452,482” and inserting in place thereof the following figure:- “$7,800,543”.

GOV  149

WITHDRAWN

GOV  150

INFORMATION FOR VOTERS

Mr. Morrissey moved that the bill be amended, in Section 2, in item 0524-0000, by striking out the figure “$1,782,807” and inserting in place thereof the following figure:- “$1,952,074”.B

GOV  151

WITHDRAWN

GOV  152

MASSACHUSETTS CULTURAL COUNCIL

Messrs. Marzilli, Augustus, Downing, and Joyce moved that the bill be amended, in Section 2, in item 0640-0300, by striking out the figure “$12,351,697” and inserting in place thereof the following figure:- “$12,883,827”.

GOV  153

SPECIAL ELECTION REIMBURSEMENTS

Mr. Marzilli moved that the bill be amended, in Section 2, in item 0610-0000, by inserting at the end thereof the following:- “and provided further, that not less than $161,913 shall be expended for the full reimbursement to the towns of the Fourth Middlesex Senate District  for expenses incurred in special elections in 2007 for filling the vacated Senate seat.”

GOV  154

PRESERVATION OF MUNICIPAL RECORDS GRANT PROGRAM

Ms. Resor moved that the bill be amended, in Section 2, by striking out item 0511-0200 and inserting in place thereof the following item:-  “0511-0200  For the operation of the state archives division, provided further that $400,000 be expended to provide staff support to establish a program of grants to cities and towns to aid in retention and preservation of vital municipal records…………$950,353”.

GOV  155

PRESERVATION OF MUNICIPAL RECORDS

Ms. Resor moved that the bill be amended, in Section 2, in item 0521-0000 by inserting after the words “polling hours from this item to each city or town” the following:- “provided further, that the secretary shall investigate issues relative to preservation and storage of vital municipal records in cities and towns in the commonwealth, and shall report to the legislature by June 30, 2009 recommending how to fund and staff a grant program to cities and towns to facilitate preservation of such records”.

GOV  156

COMMISSION ON MAINTENANCE OF STATE FACILITIES

Mr. Montigny moved that the bill be amended, in Section 2, by inserting after item 1599-0025 the following item:-
“1599-0026     For the facilities maintenance review and the special commission to investigate and study the maintenance of state facilities under section 84A ……………………………………......$200,000”; and by inserting after section 84 the following section:-
“SECTION  84A.   (a) There shall be a special commission to investigate and study the maintenance of state facilities.
(b) The commission shall consist of the secretary of administration and finance, or her designee, who shall chair the commission; the commissioner of capital asset management and maintenance, or his designee; the chairs of the house and senate committees on ways and means, or their designees; the house and senate chairs of the joint committee on bonding, capital expenditures and state assets, or their designees; the minority leaders of the senate and house of representatives, or their designees; a representative of the International Facility Management Association; and 3 other persons appointed by the governor. The division of capital asset management and maintenance shall provide staff assistance to the commission and shall conduct a facilities maintenance review to assist in the commission's study.
(c) The commission shall study opportunities to improve maintenance of state facilities, including, but not limited to, more efficiently allocating resources and responsibility for facility maintenance, implementing best practices in assessing and addressing facility maintenance needs, and more effectively funding facility maintenance needs.
(d) The commission shall report its findings and recommendations, including any proposed legislation, to the clerks of the senate and house of representatives on or before March 31, 2009.

GOV  157

VETERANS PLATES

Mr. Brown moved that the bill be amended, in Section 2, in item 1410-0010, by inserting the following:-  “provided further, that not less than $10,000 be directed to the Registry of Motor Vehicles in order to design and make available a decal for veteran’s license plates in the Commonwealth commemorating the veterans who served in Operation Enduring Freedom and a decal commemorating the veterans who served in Operation Iraqi Freedom. The Registry of Motor Vehicles shall consult the Adjutant General of the Massachusetts National Guard, or his designee, and the Secretary of Veteran’s Services, or his designee before the final approval of a design.”

GOV  158

ITD REALIGNMENT

Mr. Hart moved that the bill be amended, in Section 2, in item 1790-0100, by striking out the figure “$4,866,479” and inserting in place thereof the following figure “$6,188,541”

GOV  159

SENIOR BENEFITS PUBLIC AWARENESS CAMPAIGN

Mr. Brown moved that the bill be amended, in Section 2, in item 1201-0100, by inserting after “within a 12 month period.” the following:- “Provided further, that the department shall conduct a pilot public awareness and education outreach campaign about state and local tax credits, deductions, deferrals and exemptions and other tax information available to persons age sixty five and over, including, but not limited to, section 6 of Chapter 62 and section 5 of Chapter 59 of the General Laws. The department shall work in conjunction with the executive office of elder affairs in disseminating information and conducting the campaign. The department shall conduct the campaign from July 1, 2008 to April 15, 2009 and shall report their efforts to the house and senate committee on ways and means and the joint committee on elder affairs no later than May 15, 2009. The department shall also file an interim report to the house and senate committee on ways and means and the joint committee on elder affairs on January 1, 2009.”

GOV  160

ITD CHARGEBACK

Mr. Hart moved that the bill be amended, in Section 2, in item 1790-0200, by adding the following words: - “; and provided further, that any unspent balance at the close of fiscal year 2009 in an amount not to exceed 5 per cent of the amount authorized shall remain in the Intergovernmental Service Fund and may be expended for that item in fiscal year 2010”.

GOV  161

WITHDRAWN

GOV  162

ACCESS PROGRAM OF BOSTON GRANTS

Mr. Petruccelli moved that the bill be amended, in Section 2, in item 7003-0702, by adding the following: “; and provided further that not less than $350,000 shall be expended to fund need-based workforce development-related continuing education grants administered by the Access Program of Boston”;

GOV  163

GOVERNOR'S DC OFFICE

Mr. Brown moved that the bill be amended, in Section 2, in item 0411-1003 by striking out the figure “$453,292” and inserting in place thereof the following figure:- “$0”.

GOV  164

YMCA OF GREATER BOSTON

Mr. Petruccelli moved that the bill be amended, in Section 2, by inserting after item 1599-0025 the following item:
            “1599-0045    For a capital projects reserve; provided that not less than $1,000,000 shall be expended to assist the YMCA of Greater Boston on capital projects approved by the board of directors of the YMCA………………………..$1,000,000”

GOV  165

An Amendment Relative to Lottery Advertising

Mr. Tarr moved that the bill be amended, in Section 2, by striking item 0640-0010.

GOV  166

CENSUS

Mr. Brown moved that the bill be amended, in Section 2, by striking out item 0511-0270 and inserting in place thereof the following item:-
“0511-0270 For the state secretary to award a contract with the lowest bidder who is able to provide the commonwealth with technical assistance on United States census data and to prepare annual population estimates…………………………$600,000”.  

Redraft GOV  167

CHILD CARE SALARY RESERVE

Mr. Augustus, Mr. Joyce, Mr. Marzilli, Mr. Antonioni, Mr. Morrissey, Mr. Timilty, Mr. Baddour, Ms. Jehlen, Mr. Pacheco, Mr. Petruccelli, Ms. Menard and Ms. Spilka moved that the bill be amended, in Section 2, after item 1599-0025, the following:-

1599-0042  For a reserve to improve the quality of the commonwealth’s early education and care system; provided, that payments from said reserve shall be distributed by the department to increase reimbursement rates for subsidized early education and care; and provided further, that the increases shall be directed to expenditures for salaries, benefits, and stipends for professional development of early education and care workers or programmatic quality improvements...................................... $7,000,000

GOV  168

AUDITOR PEER REVIEWING

Mr. Tisei moved that the bill be amended, in Section 2, in item 0710-0000, by inserting at thereof the following:-
“provided, the state auditor shall undertake peer review of his office within the necessary timeframe in accordance with accepted accounting standards and any applicable laws or regulations prior to the submission of the fiscal year 2008 commonwealth financial statement to the state comptroller.”

GOV  169

ELIMINATING THE PAID STATE VOLUNTEER PROGRAM

Mr. Tisei moved that the bill be amended, in Section 2, in item 0411-1002, by striking the item in its entirety.

GOV  170

MASSACHUSETTS CONVENTION CENTER AUTHORITY CASH FLOW REPORTING AND CERTIFICATION

Mr. Tisei moved that the bill be amended, in Section 2, in item 0699-9100, by inserting at the end thereof the following:- “provided further, that the treasurer, in consultation with the state comptroller, shall calculate the minimum sufficient amount afforded under the provisions of section 11(g) of chapter 152 of the acts of 1997 and shall transfer any amount over said minimum to the general fund from the period of the effective date of said section until June 30, 2008, and shall do so annually hereafter until no special obligation bonds or bonds issued under section 10 of said chapter are outstanding.”

GOV  171

Massachusetts Council of Human Service Providers

Ms. Wilkerson moves to amend the bill by inserting after Section 90 the following section:- 91 “SECTION 48. Chapter 118G of the General Laws is hereby amended by adding the following section:- Section 40.  Notwithstanding any general or special law to the contrary, the division, in consultation with the Massachusetts Council of Human Service Providers and other non-profit human service providers, shall investigate and study methods to lower cost health care options for the members of the Massachusetts Council of Human Service Providers including but not limited to MassHealth.  The division shall report the results of its investigation and study, annually not later than December 31, to the joint committee on health care finance.” 

GOV  172

GREATER USE OF TECHNOLOGY IN AGENCY REPORTING 

Mr. Tisei moved that the bill be amended by inserting after section 90 the following section:-
“SECTION 91.   Notwithstanding any general or special law to the contrary the each executive office, department, commission or other entity of the Commonwealth statutorily required to issue a report shall, whenever feasible and practical, as determined by the commissioner of administration and finance, issue said report by posting the report on the official website of the Commonwealth and shall provide notice of such posting to every party that they are mandated to report.  Such reports should be posted in a conspicuous manner and made fully available to the public.  A limited supply of paper copies of said reports shall be made available and distributed upon request.
            The division of information technology, as established pursuant to section 4A of chapter 7, shall create uniform standards and guidelines for the distribution and web based availability of said reports.  The division shall also provide any necessary technical assistance for the implementation of this section.    

GOV  173

WITHDRAWN

GOV  174

BUREAU OF STATE OFFICE BUILDINGS ADMINISTRATION

Mr. Tisei moved that the bill be amended, in Section 2, in item 1102-3301, by striking out the figure “$6,843,449” and inserting in place thereof the following figure:- “6,641,836”.

GOV  175

CENTRAL VOTER REGISTRY-MOTOR VOTER

Mr. Tisei moved that the bill be amended, in Section 2, in item 0521-0001, by striking out the figure “$6,156,294” and inserting in place thereof the following figure:- “5,510,883”.

GOV  176

COMMONWEALTH CORPS PROGRAM FOR VOLUNTEERS

Mr. Tisei moved that the bill be amended, in Section 2, in item 0411-1002, by striking the item in its entirety.

GOV  177

WITHDRAWN

GOV  178

COMMONWEALTH MUSEUM

Mr. Tisei moved that the bill be amended, in Section 2, in item 0511-0260, by striking out the figure “$959,755” and inserting in place thereof the following figure:- “198,071”.

GOV  179

COMMONEALTH'S WASHINGTON D.C. OFFICE

Mr. Tisei moved that the bill be amended, in Section 2, in item 0411-1003, by striking the item in its entirety.

OTHER  180

DIVESTITURE OF STATE PENSION ASSETS FROM IRAN

Mr. Tisei moved that the bill be amended by inserting after section 90 the following section:-

“SECTION 91. Paragraph (h) of subsection 2A of Section 23 of Chapter 32 of the General Laws, as amended by Chapter 119 of the Acts of 1997, is hereby amended by inserting in line 363 after the word “further” the following:- “that no funds shall be directly invested, which for the purposes of this paragraph shall mean invested in holdings directly managed by the PRIM board or administered by a contracted manager in separately managed accounts, in the securities of prohibited companies, which for the purposes of this paragraph shall include any company, corporation, partnership, limited liability company or other business entity, including any wholly or majority owned subsidiary or parent company, that provides goods or services deployed to develop petroleum resources in Iran, including but not limited to acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property or other apparatus of business or commerce, except for the mere holding or renewal of rights to property not presently deployed to develop petroleum and natural gas resources in Iran, and has, with actual knowledge, on or after August 5, 1996, made an investment in Iran of twenty million dollars or more or any combination of investments of at least ten million dollars each which in the aggregate equals or exceeds twenty million dollars in any twelve month period which directly or significantly contributes to the enhancement of Iran’s ability to develop its petroleum and natural gas resources.  Every ninety days, the PRIM board shall make its best efforts to identify all such prohibited companies in which the PRIT fund has direct or indirect ownership or in which the PRIT fund could have such holdings in the future and shall provide a copy of this list of companies to the clerk of the house and to the clerk of the senate. The identification of such prohibited companies shall be the responsibility of an independent, third-party research firm, as identified by the PRIM board.  Within thirty days after the first such list is compiled, the PRIM board may send written notice to any such prohibited company whose securities are directly invested by the PRIT fund, with a copy to the clerk of the house and to the clerk of the senate, containing a copy of this act and stating the PRIM board’s intention to sell that company’s securities in compliance herewith unless the company replies within ninety days by written notice of the company’s intention to cease to own or operate such investments within one year and to make no further investments described herein.  During such one year period, this paragraph’s prohibition on ownership shall not apply to the securities of companies that provide timely notice of such intentions.  This paragraph’s prohibition on ownership shall not apply to investments held in an actively managed investment fund, which for the purposes of this paragraph shall mean an account or fund, such as a mutual fund, managed by one or more persons not employed by the PRIM board in which the PRIT fund owns shares or interests together with other investors, except that, within 120 days of the effective date hereof and quarterly thereafter, the PRIM board shall submit letters to the managers of any such actively managed investment funds which own the securities of prohibited companies requesting that the fund consider removing the securities of prohibited companies from the fund or create a similar actively managed investment fund devoid of securities of prohibited companies.  If the manager creates a similar fund devoid of such securities, the PRIM board shall determine within six months of such a fund’s creation, whether to replace all applicable investments in said actively managed investment fund with investments in the newly created fund in a timely manner and consistent with prudent investing standards.  A company the United States government affirmatively declares to be excluded from its present or any future federal sanctions regime relating to Iran is not subject to this paragraph’s divestment requirements or ownership prohibition.  The provisions of this paragraph shall expire if and when: the President of the United States affirmatively and unambiguously states, by means including, but not limited to, enacted legislation, executive order or written certification from the President to Congress, that the government of Iran has ceased to acquire weapons of mass destruction and support international terrorism; the United States revokes all sanctions imposed against the government of Iran; or the Congress or President of the United States affirmatively and unambiguously declares, by means including, but not limited to, enacted legislation, executive order or written certification from the President to Congress, that mandatory divestment of the type provided for in this paragraph interferes with the conduct of United States foreign policy.”

2nd Further 180.1

IRAN DIVESTMENT STUDY

Ms. Jehlen moved that amendment #180 be further amended by striking out the text in its entirety and inserting in place thereof the following section:-

“Section 1.  The PRIM board, as defined in section 1 of chapter 32 of the General Laws, shall conduct a study on assets from the PRIT fund invested in companies that provides goods or services deployed to develop petroleum resources in Iran.  This study shall include a list of companies that would be affected by this proposed divestment, the corresponding amount of money required to be divested, and an assessment by the board as to the feasibility of this divestment in light of the board’s statutory investment requirements, and a timeframe for actually divesting.

The PRIM board shall file this report with the clerks of the senate and the house, and the senate and house committees on ways and means not later than March 1, 2009”.

GOV  181

LOTTERY ADVERTISING

Mr. Tisei moved that the bill be amended, in Section 2, in item 0640-0010, by striking the item in its entirety.

GOV  182

OFFICE OF THE CHILD ADVOCATE

Mr. Tisei moved that the bill be amended, in Section 2, in item 0411-1005, by striking the item in its entirety.

GOV  183

DIVISION OF ADMINISTRATIVE LAW APPEALS

Mr. Creedon moved that the bill be amended, in Section 2, in item 1110-1000, by adding the wording:-  “; provided further, that the administrative magistrate shall have been certified as an Administrative Law Judge and on the Register of Administrative Law Judges within the Federal Office of Personnel and Management for at least three years.”

GOV  184

BROCKTON WAR MEMORIAL

Mr. Creedon moved that the bill be amended, in Section 2, in item 0640-0300 by insering the following language:- “; provided further, that $965,885 be expended for the War Memorial Building in the City of Brockton”

And Mr. Creedon further moves to amend the item by striking the figure “$12,351,697” and inserting in place thereof the following figure:- “13,317,582”
Bottom line figure of line item 0640-0300 increase by $965,885

GOV  185

OPERATION OF KENO

Mr. Tisei moved that the bill be amended, in Section 2, in item 0640-0005, by striking out the figure “$4,175,484” and inserting in place thereof the following figure:- “1,293,311”.

Redraft GOV 186

DEPARTMENT OF INDUSTIAL ACCIDENTS

Mr. Creedon moved that the bill be amended, in Section 2, in item 7002-0500, by striking out the figure “20,948,121” and inserting in place thereof the figure:- $21,196,452”

GOV  187

STUDENT USER FEE TAX CREDIT

Mr. Tisei moved that the bill be amended by inserting, after Section 90, the following new section:-
“SECTION 91.  Subpart  B of Section 3 of chapter 62 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended at the end thereof by adding the following paragraph:-
(16) Any taxpayer with one or more dependents enrolled in a public school in the Commonwealth shall be allowed a credit against the tax liability imposed by this chapter equivalent to the total amount of fees paid for participation in school athletics and other student extracurricular activities authorized under section 47 of chapter 71, or $500, whichever is less.” 

GOV  188

ELDER PROTECTIVE SERVICES

Mr. Creedon moved that the bill be amended, in Section 2, in item 9110-1636 , by striking the figure “$16, 246,087: and inserting in place thereof the following new figure:- “ 19,150,000

GOV  189

AVAILABILITY OF SURPLUS OFFICE SPACE OWNED BY THE COMMONWEALTH

Messrs. Tisei, Tarr, Knapik, Hedlund and Brown moved that the bill be amended in section 84 by inserting after the words “the total value of all surplus land held by the commonwealth,” the following:-“the annual cost of leasing private space for any state agency;  the existence and availability of any state-owned space within each geographical jurisdiction that could accommodate the minimum square footage needs of the aforementioned agency; and by each agency, future savings that could be achieved by relocating any office from privately leased space to state-owned space.”

GOV  190

ORDER OF STORAGE TANK REIMBURSEMENT

Mr. Creedon moved that the bill be amended, in Section 2, in item 1232-0100, by striking out the wording:-  “provided, that in the prioritization of claims, consideration shall be given to claimants who own not more than 2 dispensing facilities” and inserting in place thereof the following wording:- “provided, that in the prioritization of claims, claims shall be processed and paid in order of which they are received; first in first out.”

GOV  191

COMMONWEALTH SEWER RATE RELIEF FUND

Messrs. Petruccelli, Joyce, Hedlund, Tisei, Walsh, Marzilli, Tucker, Fargo, Resor, Jehlen, Galluccio, Tolman, Brown, Morrissey, Downing, McGee, Spilka, Timilty, Knapik and Tarr moved that the bill be amended, in Section 2, in item 1231-1000, by striking out the figure “$10,000,000” and inserting in place thereof the following:- “$20,000,000”. 

GOV  192

STORAGE TANK REIMBURSEMENTS

Mr. Creedon moved that the bill be amended, in Section 2, in item 1232-0100, by striking out the wording:-  “provided, that in the prioritization of claims, consideration shall be given to claimants who own not more than 2 dispensing facilities.”  

Redraft GOV  193

TAX ENFORCEMENT EXPENDITURES

Mr. Tisei moved that the bill be amended by inserting after section 90 the following section:-

“SECTION 91.  The department of revenue shall report not later than July 1, 2009 on any increased collections attributable to the implementation of any unitary taxation changes during fiscal year 2009, included in said report shall be a compilation of all disputes the subject of litigation or which are the subject of an audit, including the total administrative expenditures made by the department to that end.”

GOV  194

TAX REVENUE ENFORCEMENT EFFICIENCIES XIV

Messrs. Creedon and Morrissey and Moore moved that the bill be amended by inserting after Section 90, the following new Section:-
            “SECTION _.  The definition of “Number plate” in Section 1 of chapter 90, as appearing in the 2006 Official Edition, is hereby amended by striking out in lines 177 and 179 on page 397, inclusive, the words “motor vehicle assigned to such motor vehicle” and inserting in place thereof the following words: –  motor vehicle or trailer assigned to such motor vehicle or trailer.

            SECTION _.  Section 1 of chapter 90, as so appearing, is hereby amended by inserting after the definition of “Terminal” at the end of line 280 on page 400, the following new definition:--
             "Truck camper", a portable slide-in unit constructed to provide temporary living quarters for recreational, camping, travel or other use, consisting of a roof, floor and sides, designed to be loaded onto and mounted on the bed of a pick-up truck  and unloaded from the bed of a pick-up truck.

            SECTION _.  The definition of “Trailer” in Section 1 of chapter 90, as so appearing, is hereby amended by inserting at the end of line 306 on page 400, the following sentence:– Notwithstanding the foregoing, the definition of “Trailer” shall also mean a truck camper.

            SECTION _.  Section 2 of said chapter 90, as so appearing, in hereby amended in line 126 on page 407 by inserting after the word “visible” the following words:–  provided, however, if said trailer is also a truck camper, then the truck camper number plate shall be issued in the form of a number decal as permitted by the section 1 definition of number plate.

            SECTION _.  Section 6 of said chapter 90, as so appearing, in hereby amended in line 9 on page 430 by inserting after the word “vehicle” the following words:-- provided, however, if said trailer is also a truck camper, then the number plate issued by the registrar in section two for truck campers in the form of a number decal shall be displayed on the outside of the driver’s side rear wall on the truck camper so that it shall always be plainly visible.

            SECTION _.  Section 1 of chapter 90D, as so appearing, is hereby amended by inserting at the end of the definition of the word “Trailer” of line 59 on page 749, the following sentence and the following new definition:— Notwithstanding the foregoing, the definition of “Trailer” shall also mean a truck camper.
“Truck camper”, a portable slide-in unit constructed to provide temporary living quarters for recreational, camping, travel or other use, consisting of a roof, floor and sides, designed to be loaded onto and mounted on the bed of a pick-up truck and unloaded from the bed of a pick-up truck.”

GOV  195

WAR MEMORIAL MATCHING GRANTS

Mr. Tisei moved that the bill be amended, in Section 2, by inserting after item 1410-0630 the following new item:-
“1410-0011  For the funding of a statewide matching grant program to assist cities and towns with the restoration of existing veterans’ memorials; provided, that the secretary of veterans services shall administer the grant program and establish guidelines for the awarding of such grants to cities and towns; provided further, that all grants awarded under this program shall be matched by the recipient, including private funds; and provided further, that the secretary of veterans services may determine the percentage match required on an individual grant basis……………………$500,000”

Redraft GOV  196

COMMONWEALTH CORPS PROGRAM

Ms. Menard moved that the bill be amended, in Section 2, by striking out item 0411-1002 and inserting in place thereof the following item:-
“0411-1002    For expenses related to and for a contract with the Massachusetts Service Alliance to operate the commonwealth corps program……………………..$3,000,000

GOV  197

GUN PROSECUTION AND HOMICIDE INVESTIGATION

Ms. Wilkerson moved that the bill be amended, in Section 2, in item 0340-0100, by inserting after the words “volunteer prosecutor program;” the following:- “provided further, that not more than $100,000 shall be expended for additional support of the gun prosecution task force, also known as the gun court; provided further, that not more than $150,000 shall be expended for support of an additional grand jury for Suffolk county to investigate unsolved homicides, to be known as the special homicide grand jury.”; and

in said item 0340-0100 by striking out the figure “16,443,097” and inserting in place thereof the following figure:- “$16,593,097.

GOV  198

Taunton Courthouse Complex I

Mr. Pacheco moved that the bill be amended by inserting after Section___, the following new Section:-
“Section 1.  Not withstanding any general or special law to the contrary the Bristol County commissioners shall transfer a certain parcel of land in the city of Taunton, located directly behind the Bristol County Superior Courthouse further identified by the following meets and bounds : 

A CERTAIN PARCEL OF LAND WITH IMPROVEMENTS THEREON LOCATED IN TAUNTON, BRISTOL
COUNTY, MASSACHUSETTS, SITUATED ON THE NORTHERLY SIDE OF NORTH CITY SQUARE & COURT
STREET, KNOWN AS TAUNTON COURTHOUSE COMPLEX, BOUNDED & DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT AT THE NORTHEASTERLY PROPERTY LINE AT LAND OF NOW OR FORMERLY
LESTER R. GIEGERICH AND MELO'S TRAVEL AGENCY, INC.; THENCE
N24°-57'-12"W A DISTANCE OF ONE HUNDRED AND TEN HUNDREDTHS FEET (100.10')
BY LAND OF NOW OR FORMERLY LESTER R. GIEGERICH; THENCE
S58°-37'-48"W A DISTANCE OF ONE HUNDRED FORTY FIVE AND FORTY FIVE HUNDREDTHS
FEET (145.45') TO A POINT; THENCE
N57°-20'-42"W A DISTANCE OF ONE HUNDRED FORTY FOUR AND FOURTEEN HUNDREDTHS
FEET (144.14') TO A POINT, THE PREVIOUS TWO COURSES ARE BY LAND OF
NOW OR FORMERLY CITY OF TAUNTON; THENCE
S33°-02'-30"W A DISTANCE OF TWENTY ONE AND EIGHTY HUNDREDTHS FEET (21.80')
BY LAND OF NOW OR FORMERLY HERALD MENDOZA & RICHARD ARRUDA TO A
POINT; THENCE
S57°-20'-42"E A DISTANCE OF ONE HUNDRED THIRTEEN AND FIFTY FIVE HUNDREDTHS
FEET (113.55') TO A POINT; THENCE
S23°-39'-26"E A DISTANCE OF TWENTY SIX AND THIRTY SEVEN HUNDREDTHS
FEET (26.37') TO A POINT; THENCE
N66°-20'-34"E A DISTANCE OF ONE HUNDRED SEVEN AND SIX HUNDREDTHS FEET
(107.06') TO A POINT; THENCE
S23°-56'-01"E A DISTANCE OF FORTY TWO AND SEVENTY SIX HUNDREDTHS FEET (42.76')
TO A POINT; THENCE
N66°-40'-11"E A DISTANCE OF FIFTY ONE AND FORTY NINE HUNDREDTHS FEET (51.49')
TO A POINT; THENCE
S23°-35'-21"E A DISTANCE OF TWENTY THREE AND SEVENTY FOUR HUNDREDTHS
FEET (23.74') TO A POINT; THENCE
N68°-33'-48"E A DISTANCE OF TWENTY TWO AND EIGHTY SEVEN HUNDREDTHS FEET
(22.87') TO THE POINT OF BEGINNING. THE PREVIOUS SEVEN COURSES ARE
BY LAND OF NOW OR FORMERLY COUNTY OF BRISTOL.
THE ABOVE DESCRIBED PARCEL CONTAINS 10,471 S.F. & IS MORE PARTICULARLY SHOWN ON A
PLAN TITLED “SUBDIVISION PLAN OF LAND, ACQUISITION PLAN”, DATED REVISION 1/25/2008
PREPARED BY HOLMBERG & HOWE, INC.
to the Division of Capital Asset Management to be used for the express purpose of constructing the new Taunton District, Probate and Family Court.  This land transfer is deemd to be an immediate need and in the best public interest.
Section 2.   In consideration for this land, the Division of Capital Asset Management shall reserve 25 parking spaces for Bristol County commissioners at the Divisions’ Court Street parking lot in the City of Taunton, currently under lease with the city of Taunton; at a fee equal to the fee charged to District court employees for reserved parking spots in the same lot.

GOV  199

An Amendment Relative to Salt

Mr. Tarr moved that the bill be amended, in Section 2, in item 1599-1971, by adding after the word “efforts” the following words:- “provided further, that such account shall include any measures to reduce the cost of salt and/or other materials used for snow and ice control”.

GOV  200

An Amendment Relative to Salt Storage

Mr. Tarr moved that the bill be amended, in Section 2, in item 1599-1971, in subsection (b), by adding after the word “not” the following words:- “together with a detailed description of any efforts being undertaken to address that non-compliance”.

Redraft GOV  201

TAX REVENUE ENFORCEMENT EFFICIENCIES II

Ms. Chandler moves that the bill be amended by striking out section 21 and inserting in place thereof the following:-

SECTION 21.  Section 2 of chapter 62B, as appearing in the 2006 Official Edition,  is hereby amended by striking out the fifth paragraph and inserting in place thereof the following:-

The commissioner may, if he deems such action necessary for the protection of the revenue of the commonwealth, require persons other than employers: (1) to deduct and withhold taxes from payments made by such persons (or in the case of S corporations or entities treated as partnerships, from the distributive shares of income of such persons attributable to their shareholders or members) to residents, nonresidents and part-year residents of the commonwealth; (2) to file withholding returns as prescribed by the commissioner; and (3) to pay over to the commissioner, or to a depositary designated by the commissioner, the taxes so required to be deducted and withheld; provided, however, that nothing in this paragraph shall authorize the commissioner to require any corporation, foundation, organization or institution that is exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code, as amended and in effect for the taxable year, to withhold taxes from persons who are not employees, except where the payments made by the exempt person for a particular performance or other event exceed $10,000.   Any person other than an employer required to withhold and deduct taxes under this paragraph shall be treated as an employer for purposes of sections 5 through 12 of this chapter.

GOV  202

TAX REVENUE ENFORCEMENT EFFICIENCIES IX

Ms. Chandler moved that the bill be amended by striking out section 37.

GOV  203

Taunton Courthouse Complex II

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

“SECTION 1. The commissioner of capital asset management and maintenance shall, for 1consideration of $1, convey by deed approved as to form by the attorney general, a certain parcel of  land currently used as a parking lot on Court street in the city of Taunton to the city of Taunton.
SECTION 2. The city of Taunton shall be responsible for any costs for 4 appraisals, surveys and other expenses relating to the transfer of the parcel, and for any costs and liabilities and expenses of any nature and kind for the maintenance or operation of the parking lot. In the event the parcel of land ceases to be used at any time for the purposes contained herein, the parcel shall revert to the care and control of the division of capital asset management and maintenance and any further disposition of the parcel shall be subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws.
SECTION 3. The sale price paid under section 2 shall be deposited in the General Fund of the commonwealth.”
SECTION 4. The commonwealth for any preexisting environmental violations shall hold the city of Taunton harmless.
SECTION 5. . The city of Taunton must provide a total of 25 clearly-marked parking spaces for the exclusive use of the Bristol county commissioners at a fee to be determined by the city and the commissioners, and at least 80 clearly-marked parking spaces for the exclusive use of the administrative office of the trial court for a fee to be determined by the city and the trial court.   

GOV  204

ADEQUATE FUNDING FOR THE UNFUNDED PENSION LIABILITY FOR FRINGE BENEFITS COSTS

Mr. Tisei moved that the bill be amended, in Section 2, in item 1100-1100, by adding at the end thereof the following:-
; provided further, the secretary, pursuant to section 82 of chapter 61 of the acts of 2007, shall identify a dedicated funding stream to fund the full liability of cost related to fringe benefits costs under section 5D and 6B of the General Laws and shall create a schedule for the reduction of said unfunded liability; provided further, that the secretary shall submit legislative recommendations for the implementation of said schedule to the house and senate clerks and the house and senate committees on ways and means by March 15, 2009.

Redraft GOV  205

COUNTY CORRECTIONS OPERATING BUDGET

Mr. Hart moved that the bill be amended, in Section 2, in item 8910-0000, by inserting “provided, that funds appropriated in this item shall be distributed among the sheriffs departments of Barnstable, Bristol, Dukes, Nantucket, Norfolk, Plymouth and Suffolk counties by the county government finance review board upon prior notification to the house and senate committees on ways and means” and by striking the figure “$195,179,966” and inserting in place thereof the figure “214,697,933"

GOV 206

MANAGEMENT OF WATER TANKS

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

            “SECTION ___.  "Subsection (b) of section 1 of chapter 30B of the General Laws, as so appearing in the 2006 Official Edition, is hereby amended by inserting after section 34 the following new section:-  “Section (35) a contract for the operation, maintenance, inspection, improvement, repair or replacement of a water tank, tower, standpipe or any facility or structure for a water tank for public water supply or fire protection.  Notwithstanding the provisions of any general or special law to the contrary, a governmental body may enter into a contract for the operation, maintenance, inspection, improvement, repair or replacement of a water tank, tower, standpipe or any facility or structure for a water tank for public water supply or fire protection without said contract being subject to the competitive bid process as set forth in sections thirty-eight A1/2 to thirty-eight O, inclusive, of chapter seven, section thirty-nine M of chapter thirty, or sections forty-four A to forty-four J, inclusive, of chapter one hundred and forty-nine. Contracts pursuant to this section shall be subject to section 26 and 27 of chapter 149 of the General Laws.  Any contract entered into pursuant to this section shall include a responsible contractor provision."

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