Fiscal Year 2010 Budget Amendments -- Other


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ADOPTED Redraft OTHER 1 Municipal Relief 1 Messrs Rosenberg moved that the bill amended by inserting, after Section ___, the following new sections:- SECTION ___. The first paragraph of section 2 of said chapter 64G, as so appearing, is hereby amended by striking out clause (b) and inserting in place thereof the following clause:- (b) lodging accommodations, including dormitories, at religious, charitable, educational and philanthropic institutions; provided, however, that this exemption shall not apply to accommodations provided by any such institution at a hotel, motel, and other transient accommodations operated by the institution; SECTION ___. Section 3A of said chapter 64G, as so appearing, is hereby amended by striking out, in line 5, the words “four per cent” and inserting in place thereof the following words:- 6 per cent. SECTION ___. Section 3A of said chapter 64G, as so appearing, is hereby amended by striking out, in line 10, the words, “4.5 per cent” and inserting in place thereof the following words;- 6.5 percent. SECTION __. Section 1 of chapter 64G of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the definition of “Occupant” the following definition:- “Other transient accommodation”, a vacation or leisure accommodation including, but not limited to, an apartment, single or multiple family housing, a cottage, a condominium or a timeshare unit which is rented to an occupant for a period of 90 consecutive days or less regardless of whether such use is as a lessee, tenant, guest or licensee SECTION__. Section 3A of said chapter 64G, as so appearing, is hereby amended by inserting at after the first paragraph the following new paragraph:- Additionally, any city or town may choose to include other transient accommodations, as defined in section 1, as part of the room occupancy excise established pursuant to this section; provided, however, that said excise may only be applied to accommodations on parcels with two or more units. SECTION __. Within 1 year after the effective date of this act, the commissioner of revenue shall promulgate regulations that provide for the implementation and collection of taxes due from operators of other transient accommodations, as defined in section 1 of chapter 64G of the General Laws, and shall prescribe forms for the payment of such taxes which may include entering into agreements with municipal governments to carry out the provisions of this section. SECTION ___. Chapter 64L, as inserted by section __ of this act, is hereby amended by inserted after section 2 the following section:- Section 2A. (a) Any city or town which accepts this section may impose a local sales tax upon the sale of restaurant meals originating within the city or town by any vendor at a rate of 2 per cent of the gross receipts of the vendor from the sale of restaurant meals. No excise shall be imposed if the sale is exempt under section 6 or section 6 of chapter 64H. The vendor shall pay the local sales tax imposed under this section to the commissioner at the same time and in the same manner as the sales tax due to the commonwealth. The commissioner may adopt, by rule or regulation, destination sourcing rules for caterers or other vendors with a high volume of delivered meals, as the commissioner may determine, in order to mitigate any anti-competitive impact of the local option meals tax. (b) All sums received by the commissioner under paragraph (a) shall at least quarterly be distributed, credited and paid by the state treasurer upon certification of the commissioner to each city or town that has adopted paragraph (a) in proportion to the amount of the sums received from the sales of restaurant meals in that city or town. Any city or town seeking to dispute the commissioner’s calculation of its distribution under this paragraph must so notify the commissioner, in writing, no later than one year from the date the tax was distributed by the commissioner to the city or town. (c) Paragraph (a) shall take effect only in a city or town that accepts it as provided in section 4 of chapter 4. The paragraph shall take effect on the first day of the calendar quarter following 30 days after this acceptance, or on the first day of a later calendar quarter that the city or town may designate. (d) The commissioner may make available to cities and towns any information necessary for administration of the excise imposed by this section, including but not limited to a report of the amount of local option sales tax on restaurant meals collected in the preceding fiscal year in each city or town accepting paragraph (a) of this section, with identification of each individual vendor, notwithstanding any provisions in section 21 of chapter 62C to the contrary. SECTION ___. Section 2A of chapter 64L of the General Laws shall take effect in a city or town 30 days after its acceptance and shall be implemented in that city or town on the first day of the calendar quarter next following its effective date or on the first day of a later calendar quarter if the city or town so designates; provided, however, that the tax under said section 2 of said chapter 64L shall not apply to any sales before September 1, 2009. SECTION ___. Subsection (b) of section 21 of said chapter 62C, as amended by section 8 of chapter 205 of the acts of 2007, is hereby further amended by adding the following clause:- (24) the disclosure of information necessary for administration of the local option tax imposed pursuant to section 3A of chapter 64G and chapter 64L. SECTION ___. Notwithstanding any general or special law to the contrary, the division of local services in the department of revenue shall conduct a study on the ability of existing or former military facilities to levy local options taxes and their distribution to host cities and towns. Said study shall examine methods of equitably distributing revenues to host cities and towns, and shall provide recommendations on the manner of expeditiously and efficiently providing the opportunity for communities or facilities to adopt local option taxes. SECTION __. Section 5 of chapter 59 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the word “than”, in line 220, the following words:- a telephone or telegraph corporation subject to tax under section 52A of chapter 63 or. SECTION __. Said section 5 of said chapter 59, as so appearing, is hereby further amended by inserting after the words “two A”, in line 223, the following words:- , other than a telephone or telegraph corporation,. SECTION ___. Clause fifth of section 18 of said chapter 59, as so appearing, is hereby amended by adding after the last sentence the following 2 sentences:- Poles, underground conduits, wires and pipes of all telecommunications providers, laid in or erected upon public or private ways and property shall be assessed to their owners in the cities or towns where they are laid or erected. For purposes of this clause, telecommunications providers shall include all entities which provide any television service, internet service, telephone service, voice service, broadband service, video service, data service or any other form of telecommunication service. SECTION ___. Section 2 of chapter 32B is hereby amended by inserting after subsection (j) the following new subsection:- (k) “Health Reimbursement Account”, a federally-recognized tax-exempt health benefit program that allows an employer to reimburse qualified medical expenses paid by employees. SECTION ___. Section 19 of chapter 32B of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after subsection 19(i) the following subsections:- (j) Within 15 days of the effective date of this legislation, the secretary of administration and finance shall determine what percentage over the commission’s average total health plan cost per member of health insurance is acceptable for political subdivisions and their subscribers to be paying for health insurance. Said determination shall be subject to the approval of the general court; provided, that if the general court takes no final action within 15 days of said determination such percentage shall be deemed approved. Every political subdivision that has undertaken to provide health insurance coverage to its subscribers and has not transferred its subscribers to the commission must conduct an analysis of whether the health insurance coverage it provides to subscribers is equivalent in total plan cost or less than the health insurance coverage offered by the commission to subscribers and utilizing as the benchmark the total health plan cost paid by the Commonwealth and its employees. A report containing the results of this analysis must be provided to the secretary of administration and finance within 60 days of the effective date of this legislation, and by August 1 each third year thereafter. To assist in the analysis, the commission shall submit to the secretary of administration and finance a determination of the average cost per subscriber of the insurance provided by the commission within 30 days of the effective date of this legislation, and by July 1 each third year thereafter. This figure shall be calculated based on the total health plan cost paid by the Commonwealth and its subscribers. This information shall be made available to every political subdivision. A political subdivision not in compliance with the reporting requirements of this section will be penalized by the Commonwealth. The penalty will be in the form of reduced local aid payment for the subsequent fiscal year and each additional year until the political subdivision produces a report showing that the health insurance the political subdivision provides for its subscribers is not more than the percentage determined above over the cost per subscriber of the commission’s health insurance coverage. The amount of the penalty will be equal to the amount of cost savings that could be realized had the political subdivision transferred its subscribers to the commission, as determined by the Commonwealth. (k) Any political subdivision that reports to the secretary of administration and finance that the health insurance coverage it provides to its subscribers is greater in cost than the health insurance coverage offered by the commission to its subscribers plus the percentage determined above must convene its appropriate authority and the public employee committee as established under the provisions of subsection (a) of section 19 of chapter 32B for the purpose of either accepting that section and transferring the political subdivision’s subscribers to the commission under subsection (e) of section 19, or to enter into contracts with health insurance carriers that would cost the same or less than the health insurance coverage offered by the commission. Ninety days after the date of the report required by subsection 19(j) was due, if the appropriate authority of the political subdivision and the public employee committee have not reached an agreement that will provide for health insurance coverage to its subscribers that is within the cost determined by A&F and the appropriate authority of the political subdivision has not reached an agreement with the public employee committee to transfer its subscribers to the commission, then the health insurance coverage agreement between the political subdivision and the public employee committee will be subject to binding arbitration; unresolved issues shall be submitted to an arbiter selected by the parties under the rules of the American Arbitration Association. The form of arbitration shall be last best offer, issue by issue. The arbiter shall have the power to administer oaths and to require by subpoena the attendance and testimony of witnesses, production of books, records, and other evidence relative to or pertinent to the issues. The cost of arbitration shall be shared equally by the appropriate public authority and the public employee committee, provided, however, if the decision is rejected by the legislative body, all arbitration costs shall be paid by the appropriate public authority. Any person acting as an arbiter pursuant to this section will not be required by an administrative, arbitration, or non-criminal judicial tribunal to disclose any files, records, documents, notes or other papers or be required to testify with regard to any information obtained while functioning as an arbiter pursuant to this section. The arbiter shall reach his decision within 60 days. In reaching said decision, the arbiter shall consider the potential for cost savings, the impact of any changes in premiums and/or out-of-pocket expenses on subscribers, other health care coverage options, and the historical negotiations on benefits and salary including total compensation and all other evidence. The arbiter shall issue a decision on any issues not resolved by the parties, including, but not limited to; what health care coverage the political subdivision must provide to its subscribers, whether to transfer subscribers to the commission, what the premium contribution ratio will be, the political subdivision’s Medicare part B contributions; and whether health reimbursements must be provided to supplement health insurance coverage. If the arbiter does not require the political subdivision to transfer its subscribers to the commission, the arbiter must choose another health care coverage option so that the average cost of health care coverage the political subdivision provides to its subscribers would be equal to or less than the average plan cost of health care coverage offered by the commission to its subscriber plus the percentage determined above. The judgment will be binding on both parties unless the judgment of the arbiter is rejected by the legislative branch of the municipality by a two-thirds vote. If the political subdivision rejects the judgment of the arbiter, the political subdivision must continue to offer the same health insurance coverage to its subscribers as it was providing at the time the public employee committee was convened. In addition, if the political subdivision does not conform to the judgment of the arbiter, the political subdivision will be penalized by the Commonwealth. The penalty will be in the form of reduced local aid payment for the subsequent fiscal year and every additional year until the subdivision conforms. The amount of the penalty will be equal to the amount of cost savings that could be realized had the political subdivision transferred its subscribers to the commission, as determined by the Commonwealth. SECTION ___. Chapter 32B is hereby amended by inserting after section 19 the following section: - Section 20: Notwithstanding any other provisions of this chapter, a political subdivision which transfers its subscribers to the commission under subsection (e) of section 19 may provide health reimbursement accounts to reimburse subscribers who incur more than $1,000 in qualified medical expenses per calendar year. The health reimbursement accounts shall be subject to coalition bargaining. SECTION ___. Employees of a governmental unit which accepts chapter 32B shall be eligible for benefits including health care spending accounts and dependent care assistance accounts as offered by the group insurance commission; provided that there shall be withheld from each payment of salary or wages of such employee the premium for such coverage and the commonwealth shall make no contribution to said premium. Regulations shall be promulgated providing for the implementation of this additional coverage. SECTION ___. Section 16 of chapter 62C of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after subsection (k) the following subsection:– (l) Every direct broadcast satellite service provider subject to taxation under section two of chapter sixty-four L shall on or before the twentieth day of each calendar month, file a return with the commissioner stating the gross revenues derived by the direct broadcast satellite service provider during such month from the provision of direct broadcast satellite service and such other information as the commissioner may deem necessary. SECTION ___. Section 25 of chapter 62C of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:– Every distributor, unclassified importer, unclassified exporter or purchaser referred to in section one of chapter sixty-four A, every stamper appointed under section thirty of chapter sixty-four C, every user-seller or supplier of special fuels, as defined in section one of chapter sixty-four E, every motor carrier required to be licensed under chapter sixty-four F, every operator required to register under chapter sixty-four G, every vendor required to register under chapter sixty-four H or sixty-four I, every user-seller or supplier of aircraft fuel, as defined in section one of chapter sixty-four J, every licensee referred to in section twenty-one of chapter one hundred and thirty-eight and every direct broadcast satellite service provider as defined in section one of chapter sixty-four L shall keep and preserve suitable records of taxable charges and such other books, papers, records, and data as the commissioner may require to determine the amount of the tax due under the provisions of those respective chapters. SECTION ___ Section 37 of chapter 62C of the General Laws, as so appearing, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:– If such person is an operator as defined in section one of chapter sixty-four G, a vendor as defined in section one of chapter sixty-four H or section one of chapter sixty-four I, or a direct broadcast satellite service provider as defined in section 1 of chapter sixty-four L who has collected such tax, no actual refund of money shall be made to such person until he establishes to the satisfaction of the commissioner, under such regulations as he may prescribe, that he has repaid to the purchaser the amount for which the application for refund is made. SECTION ___. Section 66 of chapter 62C of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:– The commissioner may require any person required to be licensed or registered by any provision of chapters sixty-four A to sixty-four C, inclusive, chapters sixty-four E to sixty-four J, inclusive, chapter sixty-four L, or subject to taxation under section twenty-one of chapter one hundred and thirty-eight, to file with him a bond, satisfactory to the commissioner, in such amount as the commissioner may determine, with a surety company authorized to transact business in the commonwealth as surety, to secure the payment of any tax, including any interest or penalty thereon, due or which may become due from such person under said chapters; provided, however, that the amount of such bond required from a vendor under chapter sixty-four H or sixty-four I shall not exceed the amount which the commissioner shall determine to be such vendor’s average tax liability for a six month period. SECTION ___. Section 67 of chapter 62C of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:– Each vendor, as defined in chapter sixty-four H or sixty-four I, and each operator as defined in chapter sixty-four G who desires to obtain a certificate of registration as required by those chapters, and each person who desires to obtain a license as a distributor, unclassified importer, or unclassified exporter, as defined in chapter sixty-four A, as a manufacturer, wholesaler, vending machine operator, unclassified acquirer, transportation company, or retailer, as defined in chapter sixty-four C, as a user-seller, supplier, or user of special fuels, as defined in chapter sixty-four E, or as a motor carrier, as defined in chapter sixty-four F, as a user-seller or supplier of aircraft fuel as defined in chapter sixty-four J or as a direct broadcast satellite service provider as defined in chapter sixty-four L shall file with the commissioner an application in such form as the commissioner prescribes, giving such information as the commissioner requires; provided, however, that in the instance of an application for a wholesaler’s license, as defined in chapter sixty-four C, the commissioner shall require, in addition to such other information as may be deemed necessary, the filing of affidavits from three licensed manufacturers, as defined in said chapter sixty-four C, stating that the manufacturer will supply the wholesaler if the applicant is granted a license. SECTION ___. The General Laws are hereby amended by inserting after chapter 64K the following chapter:– CHAPTER 64L TAXATION OF DIRECT BROADCAST SATELLITE SERVICE Section 1. As used in this chapter, the following words shall, unless the context otherwise requires, have the following meanings:– “Commissioner”, the commissioner of revenue. “Direct broadcast satellite service”, means the distribution or broadcasting of video programming or services by satellite directly to receiving equipment located at an end user subscriber’s or an end user customer’s premises, including but not limited to the provision of premium channels; the provision of music or other audio services or channels, and any other service received in connection with the provision of direct broadcast satellite service. “Direct broadcast satellite service provider”, means any person that is transmitting, broadcasting, or otherwise providing direct broadcast satellite service to subscribers or customers in this commonwealth. “Gross revenues”, means all consideration of any kind or nature received by any direct broadcast satellite service provider, or an affiliate of such person, in connection with the provision of direct broadcast satellite service to subscribers or customers, including recurring monthly charges for direct broadcast satellite service and pay-per-view, video-on-demand, and other event-based charges for direct broadcast satellite service. Gross revenues do not, however, include the following: (1) Charges for the rental of equipment related to the provision of direct broadcast satellite service; (2) Activation, installation, repair, and maintenance charges or similar service charges related to the provision of direct broadcast satellite service; (3) Service order charges, service termination charges, or other administrative charges related to the provision of direct broadcast satellite service; (4) Revenue not actually received, regardless of whether it is billed, including but not limited to, bad debts; (5) Revenue received by an affiliate or any other person in exchange for supplying goods and services used by a direct broadcast satellite service provider; (6) Refunds, rebates, or discounts made to subscribers or customers, to advertisers, or to other persons; (7) Revenue from service other than direct broadcast satellite service, including: (A) telecommunications service as defined in 47 U.S.C. section 153(46); (B) information service as defined in 47 U.S.C. section 153(20); or (C) any other service that is not a direct broadcast satellite service. (8) Revenue from any service that is subject to tax under chapter 64H or 64I; (9) The tax imposed by this chapter or any other tax of general applicability imposed on a direct broadcast satellite service provider, or a purchaser of direct broadcast satellite service, by a federal, state, or local governmental entity and required to be collected by a person and remitted to the taxing entity; (10) Any foregone revenue from providing free or reduced cost direct broadcast satellite service to any person, including employees of the direct broadcast satellite service provider or any governmental entity as required or permitted by federal, state, or local law, except revenue foregone in exchange for the goods or services through a trade or barter arrangement; (11) Revenue from the sale of capital assets or surplus equipment not used by the purchaser to receive direct broadcast satellite service from the direct broadcast satellite service provider; (12) Reimbursements made by programmers to the direct broadcast satellite service provider for marketing costs incurred by the direct broadcast satellite service provider for the introduction of new programming that exceed the actual costs incurred by the direct broadcast satellite service provider; (13) Late payment fees collected from customers, or (14) Charges, other than those charges specifically described in the definition of “gross revenues” , that are aggregated or bundled with such specifically described charges on a subscriber or customer’s bill, if the direct broadcast satellite service provider can reasonably identify the charges in its books and records kept in the regular course of business. “Person”, an individual, partnership, trust or association, with or without transferable shares, joint-stock company, corporation, society, club, organization, institution, estate, receiver, trustee, assignee, or referee, and any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of individuals acting as a unit. “Subscriber or customer”, a member of the general public who receives direct broadcast satellite service from a direct broadcast satellite service provider and does not further distribute such service in the ordinary course of business. “Video programming”, programming provided by, or comparable to programming provided by, a television broadcast station including but not limited to video programming provided by local networks, national broadcast networks and all forms of pay per view video entertainment. Section 2. An excise is hereby imposed upon the provision of direct broadcast satellite service to a subscriber or customer in this commonwealth by any direct broadcast satellite service provider in an amount equal to five percent of the direct broadcast satellite service provider’s gross revenues. A direct broadcast satellite service provider shall pay the excise to the commissioner at the time provided for filing the return required by section sixteen of chapter sixty-two C. Section 3. Reimbursement for the excise hereby imposed shall be paid by the subscriber or customer to the direct broadcast satellite service provider, and each direct broadcast satellite service provider providing direct broadcast satellite service to subscribers or customers in this commonwealth shall collect from such subscriber or customer the full amount of the excise imposed by this chapter with respect to gross revenues derived from or attributable to such customer or subscriber and such excise shall be a debt from the subscriber or customer to the direct broadcast satellite service provider, when so added to the subscriber or customer’s invoice for video programming service, and shall be recoverable at law in the same manner as other debts. Section 4. No person shall do business in this commonwealth as a direct broadcast satellite service provider unless a registration shall have been issued to him in accordance with section sixty-seven of chapter sixty-two C. Section 5. Every direct broadcast satellite service provider who fails to pay to the commissioner any sums required to be paid by this chapter shall be personally and individually liable there for to the commonwealth. The term “direct broadcast satellite service provider”, as used in this section, includes an officer or employee of a corporation or other business entity, or a member or employee of a partnership, who as such officer, employee or member is under duty to pay over the taxes imposed by this chapter. Section 6. Any person not a resident of the commonwealth who engages in the business of providing direct broadcast satellite service to subscribers or customers in this commonwealth shall, as a condition precedent to engaging in such business and by so engaging in such business, be deemed thereby to appoint the secretary of the commonwealth his agent for the service of process in any judicial proceeding under this chapter. Such process shall be served by leaving a copy of the process in the hands of the secretary of the commonwealth or a deputy or in the office of said secretary. Such service shall be sufficient service upon the person; provided, that notice of such service and a copy of the process is, at least fifteen days before the return day of such process, sent by registered mail to such person’s last known address, and that the sender’s registered mail receipt and the commissioner’s affidavit of compliance with this section are appended to the process and filed in the action or proceeding on or before the return day of the process or within such further time as the court may allow. The court in which the action or proceeding is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action. Service of process in the foregoing manner shall be of the same force and validity as if served upon the taxpayer personally within the commonwealth. SECTION ___. Notwithstanding the provisions of section twenty-two of chapter five hundred and forty-six of the acts of nineteen hundred and sixty-nine, the additional tax imposed by such section shall not apply to any tax imposed by section 2 of chapter sixty-four L of the General Laws. SECTION ___. This chapter shall take effect on July 1, 2009, and shall apply to gross revenues derived by a direct broadcast satellite service provider that are billed to subscribers or customers on or after that date. SECTION __. For the purposes of section 145 of this act, the following definitions shall apply:- "governmental body" shall be defined as any city, town, county, water district, wastewater district, authority or state agency located within the commonwealth; provided further that the term “governmental body” shall not mean the Massachusetts Water Resources Authority (MWRA). “water storage facility” shall be defined as any above or below ground facility or tank, standpipe, water tower or any other building or structure used to store water for public drinking water supply, fire-protection or any other purpose. SECTION __. Chapter 40 of the General Laws is hereby amended by adding the following eleven sections: Section 60. Notwithstanding any general or special law to the contrary, a governmental body may in accordance with the provisions of this chapter, enter into a contract for the inspection, maintenance, repair, modification or any combination thereof, necessary for water storage facilities to ensure adequate services and to ensure the ability of water storage facilities to operate in full compliance with all applicable requirements of federal, state and local law. Said contract shall be awarded pursuant to the provisions of chapter thirty B except for paragraph (3) of subsection (b),paragraph (3) of subsection (e), subsection (g) of section six and sections thirteen and sixteen. The request for proposals for such contract shall specify the method for comparing proposals to determine the proposal offering the most advantageous proposal to a governmental body including, but not limited to, all capital financing, operating and maintenance costs, warranty requirements, indemnity and security, experience, and technical competence. If a contract is awarded to an offeror who submitted the most advantageous proposal, but who did not offer the lowest overall cost, the governmental body shall explain the reason for the award in writing. Section 61. (a) Notwithstanding the provisions of any general or special law to the contrary, a contract or contracts awarded pursuant to section sixty may provide for a term, not exceeding twenty years, and an option for renewal or extension of inspection, , maintenance repair or modification services for one additional term not exceeding ten years in accordance with the terms of the original contract. A contract entered into pursuant to section sixty to seventy-one, inclusive, may provide that the governmental body shall not be exempt from liability for payment of the costs to inspect, maintain, repair or, modify or install new equipment and systems at any water storage facilities necessary to ensure the ability of said facilities, to operate in full compliance with all applicable requirements of federal, state and local law, provided that such costs shall be amortized over a period that is no longer than the useful life of said modifications, equipment and systems. A governmental body's payment obligation for all inspection, maintenance repair or modification services shall be conditioned on the contractor's performance of said services in accordance with all contractual terms. (b) Any contract entered into pursuant to sections sixty to seventy-one, inclusive, may provide for such activities deemed necessary to carry out the purposes authorized herein, including, but not limited to, financing, equipment installation and replacement, studies, permitting, design and engineering work, construction work, ordinary repairs and maintenance, and the furnishing of all related material, supplies and services required for the water storage facilities and the management, construction, maintenance and repair of and improvements to said facilities. Section 62. The chief procurement officer of a governmental body shall solicit proposals through a request for proposals which shall include those items in paragraphs (1) and (2) of subsection (b) of section six of chapter thirty B and proposed key contractual terms and conditions to be incorporated into the contract, some of which may be deemed mandatory or non-negotiable; provided, however, that the request for proposals may request proposals or offer options for fulfillment of other contractual terms, and such other matters as may be determined by the governmental body. Section 63. The chief procurement officer of a governmental body shall make a preliminary determination of the most advantageous proposal from a responsible and responsive offeror taking into consideration price, estimated life-cycle costs, allocation of risks and responsibilities and other evaluation criteria set forth in the request for proposal. The chief procurement officer may negotiate all terms of the contract not deemed mandatory or non-negotiable with such offeror. If, after negotiation with such offeror, the chief procurement officer determines that it is in the governmental body's best interests to terminate negotiations with said offeror, the chief procurement officer shall notify said offeror in writing that negotiations are terminated and shall enter into negotiations with the next most advantageous proposal from a responsible and responsive offeror taking into consideration price, estimated life cycle costs, allocation of risks and responsibilities and other evaluation criteria set forth in the request for proposals, and may negotiate all terms of the contract not deemed mandatory or non-negotiable with such offeror. The chief procurement officer shall award the contract to the most advantageous proposal from a responsible and responsive offeror taking into consideration price, estimated life cycle costs, allocations of risks and responsibilities and other evaluation criteria set forth in the request for proposal and the terms of the negotiated contract. Subject to the approval of the governmental body, the chief procurement officer shall award the contract by written notice to the selected offeror within the time for acceptance specified in the request for proposals. Such award shall be subject to this section and sections sixty to sixty-two and sections sixty-four to seventy-one, inclusive. The parties may extend the time for acceptance by mutual agreement. Section 64. Reserved. Section 65. Subject to the provisions of this section and section sixty to sixty-four and sections sixty-six to seventy-one inclusive, any contract awarded pursuant thereto shall be subject to such terms and conditions as the governmental city or town shall determine to be in the best interests of said governmental body. Section 66. Notwithstanding the provisions of any general or special law or regulation to the contrary, the Department of Environmental Protection may issue project approval certificates with respect to the contract procured by a governmental body for water storage facilities. Any design and construction services included in such contract and any design and construction services procured in accordance with the provisions of this act shall not be precluded from eligibility for assistance under the Massachusetts Water Pollution Abatement Trust established by section two of the General Laws chapter twenty-nine C. Section 67. The provisions of any general or special law or special act or regulation relating to the advertising, bidding or award of contracts, the procurement of services or to the construction and design of improvements, shall not be applicable to any selected offeror which is awarded a contract pursuant to sections sixty to seventy-one, inclusive, except as provided in this section, provided further, however, that the provisions of sections twenty-six to twenty-seven F, inclusive, and section twenty-nine of chapter one hundred forty-nine shall apply. Section 68. An action, suit or proceeding contesting the validity or enforceability of a contract or contracts awarded pursuant to this act, or the compliance by a governmental body with the procedures relating to such award, shall be commenced within thirty days after publication of notice of such award by the chief procurement officer in a newspaper of general circulation according to the location of the government body. Section 69.Reserved. Section 70. It shall be a mandatory requirement that no less than ninety days prior to the commencement of any procurement process undertaken pursuant to the provisions of sections sixty-one to seventy-one for the design, construction, inspection, maintenance, , or modification for work on the water storage facilities, that the governmental body shall make public notification of said process by the following means: 1. Publish an appropriate notice in the Central Register, published by the Secretary of State. SECTION ____. Section 2 is hereby amended by inserting after item 1599-3856 the following two items:- 1599-6425 For a reserve to support municipal regionalization efforts in the commonwealth; provided, that this item shall be used to provide grants and technical assistance to districts and municipalities, including councils on government, counties, and regional planning authorities that are applying on behalf of two or more municipal entities, in the areas of planning, feasibility, transitional costs, and related subject areas to promote cost effective and efficient delivery of local services by regionalization of services including, but not limited to, equipment, hardware, facilities, staff, and operations; provided further, that the secretary of administration and finance shall promulgate regulations to implement this item not later than September 1, 2009; and provided further, that grants and technical assistance may only be provided to support regionalization of services that results in cost savings.................................................. $2,000,000 1599-7286 For a reserve to provide grants to municipalities with limited capacity to benefit from section 2A of chapter 64L of the General Laws; provided, that only cities and towns that have fewer than 3 restaurants shall be eligible for grants from this item; provided further, that grants to cities and towns under this item shall be distributed under a formula to be promulgated by regulation by the division of local services in the department of revenue; provided further, that the formula shall limit the size of grants to be distributed to cities or towns with one or two restaurants to the amount that city or town could generate if it adopted section 2A of chapter 64L; provided further, that the formula shall ensure that grant amounts will not exceed the revenue derived by a similarly situated city or town that takes a vote under section 2A of chapter 64L; provided further, that the division shall promulgate regulations not later than September 1, 2009 to implement this item; and provided further, that such regulations shall include a determination as to whether or not to all communities with populations over 5,000 will be eligible to participate in this program.................................................. $500,000 Rejected RC #46 G [6 to 33] REDRAFT OTHER 1.1 MEALS TAX Mr. Tisei moves that amendment 1 be further amended by striking paragraphs 11 through 16 with the words “SECTION __. Within 1 year after the effective date of this act, the commissioner of revenue shall promulgate regulations that provide for the implementation and collection of taxes due from operators of other transient accommodations, as defined in section 1 of chapter 64G of the General Laws, and shall prescribe forms for the payment of such taxes which may include entering into agreements with municipal governments to carry out the provisions of this section. SECTION ___. Chapter 64L, as inserted by section __ of this act, is hereby amended by inserted after section 2 the following section:- Section 2A. (a) Any city or town which accepts this section may impose a local sales tax upon the sale of restaurant meals originating within the city or town by any vendor at a rate of 2 per cent of the gross receipts of the vendor from the sale of restaurant meals. No excise shall be imposed if the sale is exempt under section 6 or section 6 of chapter 64H. The vendor shall pay the local sales tax imposed under this section to the commissioner at the same time and in the same manner as the sales tax due to the commonwealth. The commissioner may adopt, by rule or regulation, destination sourcing rules for caterers or other vendors with a high volume of delivered meals, as the commissioner may determine, in order to mitigate any anti-competitive impact of the local option meals tax. (b) All sums received by the commissioner under paragraph (a) shall at least quarterly be distributed, credited and paid by the state treasurer upon certification of the commissioner to each city or town that has adopted paragraph (a) in proportion to the amount of the sums received from the sales of restaurant meals in that city or town. Any city or town seeking to dispute the commissioner’s calculation of its distribution under this paragraph must so notify the commissioner, in writing, no later than one year from the date the tax was distributed by the commissioner to the city or town. (c) Paragraph (a) shall take effect only in a city or town that accepts it as provided in section 4 of chapter 4. The paragraph shall take effect on the first day of the calendar quarter following 30 days after this acceptance, or on the first day of a later calendar quarter that the city or town may designate. (d) The commissioner may make available to cities and towns any information necessary for administration of the excise imposed by this section, including but not limited to a report of the amount of local option sales tax on restaurant meals collected in the preceding fiscal year in each city or town accepting paragraph (a) of this section, with identification of each individual vendor, notwithstanding any provisions in section 21 of chapter 62C to the contrary. SECTION ___. Section 2A of chapter 64L of the General Laws shall take effect in a city or town 30 days after its acceptance and shall be implemented in that city or town on the first day of the calendar quarter next following its effective date or on the first day of a later calendar quarter if the city or town so designates; provided, however, that the tax under said section 2 of said chapter 64L shall not apply to any sales before September 1, 2009. SECTION ___. Subsection (b) of section 21 of said chapter 62C, as amended by section 8 of chapter 205 of the acts of 2007, is hereby further amended by adding the following clause:- (24) the disclosure of information necessary for administration of the local option tax imposed pursuant to section 3A of chapter 64G and chapter 64L.” REDRAFT OTHER 1.2 WITHDRAWN OTHER 1.3 WITHDRAWN Rejected RC #47 H [6 to 33] OTHER 1.4 TAX TRUE LOCAL OPTION Mr. Tisei moves that amendment 1 be further amended by inserting at the end thereof the following section:- “SECTION _. Any local option taxes approved pursuant to section four of chapter four must also be approved by a majority of voters at a town election.” Rejected RC #48 I [5 to 34] OTHER 1.5 HOTEL TAX Mr. Tisei moves that amendment no. 1 be further amended by striking the words “SECTION ___. The first paragraph of section 2 of said chapter 64G, as so appearing, is hereby amended by striking out clause (b) and inserting in place thereof the following clause:- (b) lodging accommodations, including dormitories, at religious, charitable, educational and philanthropic institutions; provided, however, that this exemption shall not apply to accommodations provided by any such institution at a hotel, motel, and other transient accommodations operated by the institution; SECTION ___. Section 3A of said chapter 64G, as so appearing, is hereby amended by striking out, in line 5, the words “four per cent” and inserting in place thereof the following words:- 6 per cent. SECTION ___. Section 3A of said chapter 64G, as so appearing, is hereby amended by striking out, in line 10, the words, “4.5 per cent” and inserting in place thereof the following words;- 6.5 percent. SECTION __. Section 1 of chapter 64G of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the definition of “Occupant” the following definition:- “Other transient accommodation”, a vacation or leisure accommodation including, but not limited to, an apartment, single or multiple family housing, a cottage, a condominium or a timeshare unit which is rented to an occupant for a period of 90 consecutive days or less regardless of whether such use is as a lessee, tenant, guest or licensee SECTION__. Section 3A of said chapter 64G, as so appearing, is hereby amended by inserting at after the first paragraph the following new paragraph:- Additionally, any city or town may choose to include other transient accommodations, as defined in section 1, as part of the room occupancy excise established pursuant to this section; provided, however, that said excise may only be applied to accommodations on parcels with two or more units. SECTION __. Within 1 year after the effective date of this act, the commissioner of revenue shall promulgate regulations that provide for the implementation and collection of taxes due from operators of other transient accommodations, as defined in section 1 of chapter 64G of the General Laws, and shall prescribe forms for the payment of such taxes which may include entering into agreements with municipal governments to carry out the provisions of this section.” OTHER 2 WITHDRAWN OTHER 3 Made in MA Sales Tax Rebate Mr. Brown moved that the bill amended by inserting after Section 90 the following new Section:- SECTION XX. Chapter 64H of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after section 6 the following section:- Section 6A. (a) A vendor shall rebate to a purchaser, at the time of sale, a portion of the excise imposed by this chapter in the amount equal to 2.25 percent of the gross receipts of the vendor for sales at retail of tangible personal property that have labeled as all or virtually all manufactured in the Commonwealth of Massachusetts in accordance with U.S.C. 15 § 45a. (b) Except as provided in paragraph (c) of Section 3of this chapter, the rebate shall be paid by the vendor to the purchaser and each vendor in the commonwealth shall subtract the rebate from the full amount of the tax imposed by this chapter and shall collect from the purchaser the remaining amount of tax or an amount equal as nearly as possible or practicable to the average equivalent thereof. (c) Upon each sale of tangible personal property eligible for the rebate under this section, the amount of the rebate collected by the purchaser from the vendor shall be stated and charged separately from the sales price and sales tax and shown separately on any record thereof at the time the sale is made or on any evidence of sale issued or used by the vendor; provided, however, that in the instance of the sale of alcoholic beverages for on premise consumption, the tax collected need not be stated separately. REDRAFT OTHER 4 PURCHASES SAVINGS Ms. Menard, Brewer, Timilty and Tisei moved that the bill be amended in Section X; “Notwithstanding the provisions of any general or special law to the contrary any purchasing authority who purchases on behalf of the Commonwealth, any of its subdivisions or authorities, or any of its municipalities, may, as a result of the present depressed economic climate, renew or renegotiate any contract with any vendor who presently possesses a valid binding contract with said governmental entity, if the vendor is willing to renew such contract at or below the pricing terms of the present contract, for a period not to exceed three years. Any other purchasing authority on behalf of the Commonwealth, any of its subdivisions or authorities, or any of its municipalities, may also take advantage of this cost saving program by being able to purchase from those vendors who presently possess contracts for the same or similar services, with the before mentioned governmental entities, at or below the same contract terms as is presently in effect for a period not to exceed three years. All purchasing agents on behalf of the Commonwealth, any of its subdivisions or authorities, or any of its municipalities are directed to make capital investments that result in the greatest benefits with the least cost, and to institute a program of routine and scheduled maintenance on any and all of its equipment, facilities, and/or any service expansion, if such action is more cost effective, or produces quantifiable savings, than investing in new capital investments. Prior to investing in capital expenditures each of the purchasing authorities referred to above shall produce an analysis which demonstrates the cost effectiveness of capital investment versus maintenance. For the purpose of facilitating the cost savings benefit of this section for any purchasing authority who wishes to participate in this program the Operational Services Division shall issue a temporary statewide contract number to any vendor who presently holds a contract with the Commonwealth, any of its subdivisions or authorities, or any of its municipalities commencing on July 1, 2009. Nothing contained herein shall allow any otherwise valid contract of any of the parties referred to herein to be terminated prior to any cancellation of that contract by its terms, unless agreed to by the parties therein. This section shall expire on June 30, 2012. OTHER 5 ASIAN LONGHORNED BEETLE STUDY Ms. Chandler moved that the bill amended by inserting, after Section _____, the following new Section: - “Section X. An environmental study shall be conducted by the Department of Conservation and Recreation in the City of Worcester and in other Worcester County towns to determine the long-term effects due to the eradication process for the permanent removal of the Asian Longhorned Beetle. The area of study shall include the City of Worcester and the towns of West Boylston, Boylston, Holden and Shrewsbury. The study shall determine the impact on the immediate environment. Included in the study shall be the replacement of a natural barrier, the restoration of indigenous wildlife, the cost of such remediation and long-term planning and solutions. The Department of Conservation and Recreation shall report its findings to the Clerk of the House of Representatives and the Clerk of the Senate by December 31, 2009.” OTHER 6 HISTORIC TAX CREDITS Messrs Chandler, Michael O. Moore, Downing and Knapik moved that the bill be amended by inserting after Section ______, the following new Section: - “SECTION ____. Section 6J of chapter 62 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after subsection (c)(2) the following:- (3) Nothing in this section shall prevent a completed or certified project that has been placed into service from remaining eligible for further historic rehabilitation tax credit allocations; provided that the completed projected has not received previous allocations that exceed 20 percent of the qualified rehabilitation expenditures; provided further, that notwithstanding any general or special law, rule or regulation to the contrary, projects that received final certification prior to January 1, 2009, which were subsequently deemed ineligible for a historic rehabilitation tax credit allocation shall be issued said credits forthwith. Section 38R of chapter 63, as so appearing, is hereby amended by inserting after (c)(2) the following:- (3) Nothing in this section shall prevent a completed or certified project that has been placed into service from remaining eligible for further historic rehabilitation tax credit allocations; provided that the completed projected has not received previous allocations that exceed 20 percent of the qualified rehabilitation expenditures; provided further, that notwithstanding any general or special law, rule or regulation to the contrary, projects that received final certification prior to January 1, 2009, which were subsequently deemed ineligible for a historic rehabilitation tax credit allocation shall be issued said credits forthwith. OTHER 7 PAUL X. TIVNAN DRIVE Ms. Chandler moved that the bill amended by inserting after Section ______, the following new Section: - Section XX. Notwithstanding any general or special law to the contrary, fee interest in and parcel to Paul X. Tivnan Drive, located in the Towns of Boylston and West Boylston, is hereby transferred from the towns to the Commonwealth. OTHER 8 WITHDRAWN OTHER 9 Centers for Excellence Mr. Richard T. Moore moved that the bill be amended inserting, after Section ___, the following new Sections:- SECTION __. Notwithstanding any general or special law to the contrary, the secretary of health and human services, in consultation with the health care quality and cost council, shall study the feasibility of developing a consolidated center of excellence focused on technology, performance measurement and quality improvement. The study shall include an examination of existing centers for quality, including the health care quality and cost council, the Betsy Lehman Center, and the Massachusetts Health Quality Partners, as well as potential opportunities to increase efficiency and avoid duplication of efforts. The secretary shall file a report with the results of the study together with legislation, if any, with the clerk of the senate and the clerk of the house of representatives on or before December 1, 2010. OTHER 10 State Government Accountability, Economy, and Efficiency Mr. Richard T. Moore moved that the bill be amended by inserting, after Section ___, the following new Sections:- SECTION __. There is hereby established a special commission to investigate and study methods of improving the accountability, economy, and efficiency of the government of the Commonwealth and the operation of its agencies, departments and instrumentalities, hereinafter referred to as “the commission.” The purpose of the commission shall be to make recommendations to the Governor and the General Court to promote economy, efficiency, and improved service in the transaction of the public business in the various departments, agencies and instrumentalities in the executive, legislative and judicial branches of state government, and in making the operation of all state departments, agencies, and instrumentalities, and all expenditures of public funds, more directly responsive to the needs of the Commonwealth, by any or all of the following means: By adopting methods and procedures for reducing expenditures to the lowest amount consistent with the efficient performance of essential services, activities, and functions; By eliminating duplication of overlapping services, activities, and functions, and time-consuming or wasteful practices; By consolidating services, activities, and functions of a similar nature; By abolishing services, activities, and functions not necessary to the efficient conduct of state government; By the elimination of unnecessary state departments and agencies, the creation of necessary new state departments and agencies, the reorganization of existing state departments and agencies, and the transfer of functions and responsibilities among state departments and agencies; By defining or redefining duties and responsibilities of state officers; By revising present provisions for continuing or permanent appropriations of state funds or bond authorizations, for whatever purpose, by eliminating any such existing provisions and by adopting new provisions; By establishing means for performance measurement and methods of reporting such measurement; Reorganizing all aspects of state career public service including, but not limited to, methods of recruitment and retention of state employees; training and re-training of state employees; job classification, salaries and benefits of state employees; discipline and termination of state employees; clarifying the responsibilities and functions that are best served by regular state employees and those best served by contract employees; and encouraging and facilitating opportunities for private sector and non-profit sector employees to work in state government for limited periods of time; By analyzing and evaluating all state contracts with private vendors for the purpose of confirming that all contracted approaches to the delivery of goods and services are accountable, economical, and efficient; To review state requirements for contracting for goods and services and for the retention of professional services to determine the most effective means of determining the most qualified vendor, including but not limited to, a review of a method by which state agencies, authorities, boards and commissions retain legal counsel, accounting, architectural and engineering services. The commission shall be comprised of the following members, each of whom shall serve at the pleasure of the appointing authority: Thirteen members, seven of whom shall be appointed by the Governor, three by the President of the Senate, and three by the Speaker of the House. Not more than seven of such members shall be registered voters in the same political party, and none shall hold public office in the executive or legislative branches of the state government. Leading Massachusetts residents in the fields of business and government management, accounting, labor relations, finance, and human relations including, but not limited to, deans of schools of business, public administration and other scholars who would be ideal candidates for these appointments; Five members of the Massachusetts Senate who shall be the Senate Chair of Ways and Means, the Senate Chair of the Committee on Revenue, the Chair of the Senate Committee on Post Audit and Oversight, and two members designated by the Senate Minority Leader; Five members of the Massachusetts House of Representatives who shall be the House Chair of Ways and Means, the House Chair of the Committee on Revenue, the Chair of the House Committee on Post Audit and Oversight, and two members designated by the House Minority Leader; The Governor, the President of the Senate, and the Speaker of the House, who shall jointly designate the chair or co-chairs of the commission, shall each serve on the commission, ex-officio; The Auditor of the Commonwealth and the Inspector General of the Commonwealth, ex-officio. The Commission shall meet monthly, and should have the authority, subject to the approval of the Secretary of Administration and Finance, to request staff support and research from state agencies to carry out its responsibilities. The commission may seek assistance from other organizations or individuals on a pro bono basis. The commission shall file annual reports with the clerk of the Senate and the clerk of the House of Representatives and shall make a final report not later than June 30, 2010. The commission may make interim reports as appropriate in order to address the serious fiscal problems facing the Commonwealth in the next few years. REDRAFT OTHER 11 Division of Health Care Finance and Policy Mr. Richard T. Moore moved that the bill be amended by inserting, after Section ___, the following new Section:- SECTION __. Effective January 1, 2009, no amendment of 114.3 CMR 20.00 shall take effect until the Division of Health Care Finance and Policy has certified that it has conducted its mandatory biannual review of all of the services and procedures identified in that section, with data and testimony supporting the reasons for (1) any rate adjustmentsl; and (2) the maintenance of the current rate. OTHER 12 Comparative Cost Effectiveness Institute Mr. Richard T. Moore moved that the bill be amended inserting, after Section ___, the following new Sections:- SECTION __. Notwithstanding any general or special law to the contrary, the secretary of health and human services, in consultation with the health care quality and cost council, shall hereby establish an independent entity, known as the Massachusetts Comparative Cost Effectiveness Institute. Said independent entity shall examine, research and issue guidelines on the comparative effectiveness of medical procedures, drugs, devices, and biologics, so that research results can be used as a basis for health care purchasing and payment decisions that limit cost, create efficiencies and eliminate clinical waste thereby reducing inappropriate, ineffective or redundant care. SECTION __. In concert with the results from study commission findings, as mandated by Section 53 of Chapter 305 of the Acts of 2008, the secretary shall consider existing state and national models, including, but not limited to, the Institute for Clinical Economic Review, the Washington State Health Care Authority’s Health Technology Assessment program, the National Institute for Health and Clinical Excellence in Britain, and the Institut für Qualität und Wirtschaftlichkeit im Gesundheitswesen in Germany regarding the development of the independent entity. OTHER 13 WITHDRAWN OTHER 14 RELATIVE TO TRANSPARENCY IN STATE REVENUES AND EXPENDITURES Ms. Creem moved that the bill be amended in Section X by adding the following new section:- SECTION XX. Chapter 7 of the General Laws is hereby amended by adding the following new section:- Section __. “Secretary”, the Secretary of the Executive Office for Administration and Finance. "Searchable budget database website" means a website that allows the public at no cost to search for, obtain, and aggregate the information identified in subsection (2). "Entity/and or recipients" means: any corporation, association, limited liability company, limited liability partnership, or any other legal business entity. It shall also include any grantee or subgrantee, contractor or subcontractor, county, city or other local government entity. It shall not include any individual recipient of state assistance. "Agency" means any state department, office, board commission, bureau, division, institution, or institution of higher education. "Agency" specifically includes any authority created by an act of the Massachusetts Legislature, including those authorities not receiving state tax revenue. This includes individual state agencies and programs, as well as those programs and activities that cross agency lines, and also includes all elective offices in the Executive Branch of government and the Legislature "Funding source" means the state account the expenditure is appropriated from. "Funding action or expenditure" shall include details on the type of spending, both appropriated expenditures including but not limited to grants, contracts, and appropriations, and tax expenditures, including but not limited to tax exemptions, waivers, and credits. This shall include but not be limited to all tax exemptions, credits, direct grants, or infrastructure assistance provided to any corporate or other business entity. Where possible, a hyperlink to the actual grants or contracts shall be provided. "Expected outcome" includes, in relation to any tax exemption, tax credit, direct grant or infrastructure assistance provided to a corporate or other business entity, the number and quality of jobs to be created or retained, including wages and benefits, the date the job goals will be reached, the estimated increase to the state tax base, and whether the funded project involves the relocation of jobs and if so how many and from where. "Final outcomes” includes, in relation to any tax exemption, tax credit, direct grant or infrastructure assistance provided to a corporate or other business entity, the number and quality of jobs actually created or retained, including wages and benefits, and the actual increase to the state tax base for the fiscal year in which benefit was given; the outcomes achieved shall also include any money recaptured from corporate subsidy recipients for failure to meet expected performance outcomes. "State audit or report" shall include any audit or report issued by the Inspector General, State Auditor, legislative auditor, legislative committee, or executive body relating to the past or current performance of the entity or recipient of funds or the budget program/activity or agency which the Secretary deems as relevant. (2) Not later than January 1, 2011 the Secretary shall develop and operate a single searchable budget database website, accessible by the public at no cost that includes: (a) Annual state expenditures or funding actions provided to any entity, recipient or agency, as determined by the Secretary including the name and location of any such entity, recipient or agency, the funding source, the amount of funds appropriated including tax expenditures or other subsidies, the funding agency or authority, and a description of the purpose of the funding action or expenditure. If the funding action or expenditure is a tax expenditure, information about the expected outcome of such tax expenditure shall be included and information concerning the final outcome shall be provided within 30 days from when it is reported to the appropriate state agency; (b) Bond debt payments and debt service including, but not limited to, amounts of bond interest paid and sources of funds paid for individual bond issues; (c ) Local aid to cities and towns including, but not limited to, amounts paid to individual units of government for individually identifiable aid programs; (d) Annual revenues, as determined by the Secretary which shall include, but not be limited to: (i) receipts or deposits by any agency into funds established within the state treasury; (ii) tax revenue received ; (iii) agency earnings including, but not limited to, amounts collected by each agency for merchandise sold, services performed, licenses and permits issued, or regulation; (iv) revenue for the use of money and property including, but not limited to, amounts received for compensation for the use of state-owned money and property; (v) gifts, donations and federal grants including, but not limited to, amounts received from public and private entities to aid in support of a specific function or other governmental activity; (vi) other revenue including, but not limited to, receipts not classified elsewhere; and (e) Annual bonded indebtness which shall include, but not be limited to, the amount of the total original obligation stated in terms of principal and interest, the term of the obligation, the source of funding for repayment of the obligation, the amounts of principal and interest previously paid to reduce the obligation, the balance remaining of the obligation, any refinancing of the obligation, and the cited statutory authority to issue such bonds. (f) A link to any state audit or report. (g) Any other relevant information specified by the secretary. (3) The searchable budget database website shall retain information for each fiscal year on the single website for not less than 10 years and shall include data for the most recent fiscal years. (4) The Secretary shall update the searchable budget database website as new data becomes available. All agencies shall provide to the Secretary all data that is required to be included in the searchable budget database website not later than 30 days after the data becomes available to the agency. The Secretary shall provide guidance to agency heads to ensure compliance with this section. (5) Nothing in this act shall permit or require the listing of individual businesses’ tax liability, profits, sales or losses. (6) The Secretary shall not be considered in compliance with this act if the data required for the searchable budget database website is not available in a searchable and aggregate manner or if the public is redirected by the searchable budget database website to other government websites, unless each of those websites complies with the requirements of this Act. OTHER 15 EXPAND BEVERAGE CONTAINER REDEMPTION Ms. Creem moved that the bill be amended in Section X by adding the following new Section:- Section XX. Section 321, Definitions, of chapter 94 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the words “mineral water” in paragraph 2 the following:- “flavored and unflavored water, spring water, vitamin water, and other water beverages, tea, sports drinks, isotonic drinks,”. REDRAFT FURTHER OTHER 15.1 FURTHER AMENDMENT TO EXPAND BEVERAGE CONTAINER REDEMPTION Mr. Tarr moves to amend the pending amendment (No. 15, by Senator Creem) by striking out the wording and inserting in place thereof the following wording:- “SECTION XX. (a) Section 321, Definitions, of chapter 94 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the words “mineral water” in paragraph 2 the following:- “flavored and unflavored water, spring water, vitamin water, and other water beverages, tea, sports drinks, isotonic drinks,”. (b) Chapter 29 of the General Laws is hereby amended by inserting after Section 2Z the following section:- “Section 2Z1/2. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Extraordinary Sewer Cost Fund. The fund shall consist of all amounts credited to the fund and any income derived from the investment of amounts credited to the fund. Amounts credited to the fund shall be available to provide assistance to municipalities that have undertaken any sewer project in which construction has been initiated and for which completion has been scheduled in Fiscal Year 2005 or thereafter in 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 municipality with a sewer system that experiences extraordinary rate increases due to a mandate pursuant to environmental laws and regulations.’” SECTION YY. Notwithstanding any special or general law to the contrary, 5 percent of any additional revenues realized by changes to Chapter 321 of Section 94 of the General Laws in the FY2010 General Appropriations Act shall be deposited in the Extraordinary Sewer Cost Fund.” Further OTHER 15.2 EXPAND BEVERAGE CONTAINER REDEMPTION FURTHER AMENDMENT Mr. Hedlund moved that amendment number 15 be further amended by inserting after the words “isotonic drinks,” the following:-“any fruit-based juice that contains less than 100 percent fruit juice, and any vegetable-based juice that contains less than 100 percent vegetable juice,”. OTHER 16 Technical Correction Mr. Pacheco moved that the bill be amended by inserting the following new outside section:- “Section XXX. Chap 395 of 2002 is hereby amended in Section 1. by striking out the following sentence: “The purchase price payable to the Taunton Development Corporation for the parcel shall be the full and fair market value of the property less any environmental cleanup costs as of the time of conveyance to the Taunton Development Corporation, as determined by the commissioner of capital asset management and maintenance based on an independent appraisal.,” and inserting in place thereof the following new sentence:- “The purchase price payable to the Taunton Development Corporation for the parcel shall be the full and fair market value of the property less any environmental cleanup costs and demolition costs of existing uninhabitable buildings located upon the parcel as of the time of conveyance to the Taunton Development Corporation, as determined by the commissioner of capital asset management and maintenance based on an independent appraisal.” OTHER 17 PROVIDING RELIEF FROM PROPERTY TAXES TO SENIORS Ms. Creem moved that the bill be amended in Section X by adding the following new section: SECTION __. Section 5K of chapter 59 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 13, the figure “$750” and inserting in place thereof the following figure:— “$1,000”. OTHER 18 WITHDRAWN OTHER 19 BRINGING FAIRNESS TO TAXATION OF PERSONAL PROPERTY Ms. Creem moved that the bill be amended in Section X by adding the following new section: SECTION __. Clause First of Section18 of Chapter 59 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking the first sentence thereof and replacing it with the following:- First, all tangible personal property, including that of persons not inhabitants of the commonwealth, except ships and vessels, and including machinery, poles, wires, and underground conduits, wires, and pipes of telecommunications companies laid in or erected upon public or private ways, shall be taxed to the owner in the town in which such property is situated on January first. For purposes of this clause, telecommunications companies shall include providers of cable television service, internet service, telephone service, data service, radio utility and mobile radio telephone utility systems, both as defined in Section 12A of Chapter 159, and any other services involving the transmission of communications or intelligence by any means. OTHER 20 CPA AMENDMENT Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:- “SECTION XX. Section 3 of chapter 44B of the General Laws is hereby amended in paragraph (e) by striking subsection (2) and inserting in place thereof the following subsection:- (2) for $100,000 of the value of each taxable parcel of class three, commercial, and class four, industrial, property as defined in section 2A of said chapter 59.” OTHER 21 WITHDRAWN OTHER 22 PUBLIC EMPLOYEE RETIREMENT CALCULATION Mr. Morrissey moved that the bill be amended in a new section:- SECTION X. Notwithstanding any other general or special law to the contrary, the provisions of this paragraph shall apply to the determination of retirement allowances under chapter 32 for a member of a public employee retirement system who is covered by a collective bargaining agreement which has been modified or agreed to in response to the current extraordinary fiscal crisis facing the Commonwealth and its political subdivisions. Where a member receives no increase in compensation in fiscal years 2009 and/or 2010 as a result of the modification of the collective bargaining agreement, excluding any increase in compensation resulting from moving to a higher step or lane on a salary schedule, the member’s average annual rate of regular compensation shall be calculated using the compensation the member would have received in fiscal years 2009 and/or 2010 if the collective bargaining agreement had not been modified. If the collective bargaining agreement executed in fiscal years 2009 and/or 2010 provides for a member to receive no increase in compensation in fiscal years 2009 and/or 2010, the member’s annual rate of regular compensation received for fiscal years 2009 and/or 2010 shall be based on the annual rate of pay which would have applied to the member if the collective bargaining agreement had provided an increase in compensation for fiscal years 2009 and/or 2010 equal to the percentage increase provided under the current or previous collective bargaining agreement for the first year prior to years 2009 and/or 2010 in which an increase in compensation was provided. Any member seeking to have his retirement allowance calculated under the provision shall make additional contributions in the manner prescribed by regulations promulgated by the Public Employee Retirement Administration Commission so that the sum of the regular deductions withheld pursuant to G.L. c. 32, section 22 and such additional contributions equal the amount of regular compensation that would have been withheld had the member received the increase in compensation for fiscal years 2009 and/or 2010 described herein. Where a collective bargaining agreement covering fiscal years 2009 and/or 2010 waives or reduced previously agreed-upon salary increases or provides for no salary increases or reduced salary increases but provides salary increases for employees who retire in fiscal year 2009 or 2010, the salary increases who retire in fiscal year 2009 or 2010 shall be regarded as regular compensation rather than as a payment made as a result of giving notice of retirement. REDRAFT OTHER 23 LEASE PAYMENT Ms. Menard moved that the bill be amended, in Section 2, in item 1599-3857 “For capital lease payments from the University of Massachusetts to the Massachusetts Development Finance Agency and for annual operations of the advanced technology and manufacturing center in Fall River……………………………………….$1,581,922 OTHER 24 EXCISE TAX STUDY Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:- “SECTION XX. The Department of Revenue is hereby authorized and directed to conduct a study to determine the means to calculate the excise tax liability for motor vehicles so as to ensure that said tax is levied in a manner that fairly reflects the actual value being taxed, based on a methodology which is objective and fair. Said study may consider, but shall not be limited to, the utilization of published valuation reports and established depreciation schedules and methods, and systems employed by other states and governmental jurisdictions. The findings of said study shall be filed with clerks of the House and Senate not later than nine months following the passage of this act.” OTHER 25 MUNICIPAL GAS TAX ABATEMENT Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:- “SECTION XX. Chapter 64A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting, after section 7A, the following section:— Section 7B. The sale of fuel to a city or town which having consumed the same for any municipal purpose shall be exempt from the excise established by this chapter.” OTHER 26 LEASE RENEGOTIATION Mr. Baddour moved that the bill be amended by adding the following new section:- SECTION XX. Notwithstanding any general or special law or regulation to the contrary, any landlord may exercise any contractual right to renegotiate a lease with a state agency, if in the determination of the agency head, insufficient funds are available within the agency’s appropriation or allotment to maintain the lease consistent with maintaining core governmental functions. Said landlord who successfully renegotiates with the head of the leasing state agency shall obtain priority status for other state agencies looking for space. This section shall expire on June 30, 2010. REDRAFT OTHER 27 JOB CREATION TAX CREDIT Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Sections:- SECTION XX. There is hereby transferred $100,000,000 from the Massachusetts Life Sciences Investment Fund to the Massachusetts Job Creation Reserve Fund. SECTION YY. Chapter 29 of the General Laws is hereby amended by inserting after Section 2YYY the following new section:- “SECTION 2ZZZ. There is hereby established upon the books of the commonwealth a separate fund to be known as the Massachusetts Job Creation Reserve Fund. There shall be credited to this fund any appropriation or transfer made by the commonwealth, as well as any grants, fees, compensation, payments or revenues of any kind from any agency of the federal government, other governmental entity, or individual. Amount credited to said fund shall be available to offset costs to the commonwealth of the small business tax credit, codified at 67D(a) of Chapter 62C of the General Laws, 30 days after notice by the Secretary of Administration and Finance to the clerks of the House and Senate that the costs of said tax credit would precipitate fiscal instability absent use of said fund. SECTION ZZ. Section 67D(a) of Chapter 62C of the General Laws is hereby amended by striking it in its entirety and replacing it with the following section:- “(a) When used in this section, the following words shall have the following meaning: “Application year”, the calendar year for which a biotechnology or medical device manufacturing or marine science technology company or small business submits the information required for a determination as to a jobs incentive payment. “Biotechnology company”, a business primarily engaged in the research, development, production or provision of biotechnology for the purpose of developing or providing products or processes for specific commercial or public purposes including, but not limited to, medical, pharmaceutical, nutritional and other health-related purposes or a person engaged in providing services or products necessary for such research, development, production or provision. This term shall include contract manufacturers engaged in the production of biotechnology products for a biotechnology company or a medical device manufacturing or marine science technology company. “Business”, a corporation, sole proprietorship, partnership, limited liability company or any other form of business organization. “Commissioner”, the commissioner of revenue. “Eligible Jobs”, a number determined by first multiplying each of the local jobs created by a biotechnology or medical device manufacturing company or small business during a single calendar year by the job qualifier for that job, and then totaling the number for all of the local jobs created. “Full time employee”, a person who is employed for consideration for at least 35 hours per week and whose salary is subject to withholding as provided in chapter 62B. “Job qualifier fraction”, in the case of either a full-time employee or a part-time employee of a biotechnology or medical device manufacturing or marine science technology company or small business, the figure that determines the extent to which that employee is employed in the commonwealth during a single calendar year. The job qualifier fraction for each employer shall be determined by multiplying the following percentages together: (i) the percentage of time that an employee worked while employed by the company expressed as average hours worked per week out of 35 hours, not to exceed 100 per cent; (ii) that employee’s time attributable to work in the commonwealth, as a portion of that employee’s total work for the company; and (iii) the portion of the year the employee worked for the company. “Jobs incentive payment”, a business employment incentive payment for biotechnology or medical device manufacturing or marine science technology companies or small businesses as provided for in this section. “Local jobs created”, the total number of jobs created by a biotechnology or medical device manufacturing or marine science technology company or small business during a single calendar year in which the new employees perform qualified services at least 1 in-state location, including jobs performed by persons that are transferred within the company to work at an in-state location from a location based outside the state. “Marine science technology company,” a business engaged in research, exploration, operations, monitoring, or defense in marine settings. This term shall include contract manufacturers engaged in the production of these products for a marine science technology company. “Medical device manufacturing company”, a business primarily engaged in manufacturing medical or surgical instruments, surgical appliances or supplies or electromedical, electrotherapeutic or irradiation apparatus. This term shall include contract manufacturers engaged in the production of such products for a medical device manufacturing company or a biotechnology company. “Part-time employee”, a person who is employed for consideration for less than 35 hours a week and whose salary is subject to withholding as provided in chapter 62B. “Payment years”, in the case of a biotechnology or medical device manufacturing or marine science technology company or small business that is determined to be eligible for a jobs incentive payment, the 3 calendar years following the application year. “Qualified services”, for an employee of a biotechnology or medical device manufacturing company, direct production manufacturing services performed that consist primarily of at least 1 of the following services: medicinal and botanical manufacturing, pharmaceutical and preparation manufacturing, in vitro diagnostic substance manufacturing, biological product, except diagnostic, manufacturing, surgical and medical instrument manufacturing, electromedical and electrotherapeutic apparatus manufacturing, surgical appliance and supplies manufacturings and irradiation apparatus manufacturing. These services are as referenced in the federal NAICS Codes for biotechnology manufacturing, numbers 325411-325414, 339112, 314510, 339113 and 334517, respectively or direct manufacturing or professional services performed by an employee of a marine science technology company during a calendar year that consists of research, exploration, operations, monitoring, or defense in a marine setting. For an “Weighted, average employment”, for a calendar year, the total number of jobs maintained by a biotechnology or medical device manufacturing or marine science technology company in which the employees performed employment services at at least 1 in-state location. The number is to be determined by first multiplying each of the individual jobs maintained by the company for that year by the job qualifier fraction for that job and then totaling the number for all of these jobs. REDRAFT OTHER 28 ACCELERATION WAIVER Ms. Menard moved that the bill be amended in Section 80, clause b, by inserting after the word “factor” before the word “may”, the following words:- “or whose FY08 actual local contributions were lower than the amounts calculated in the "one-time adjustment" used in the FY10 chapter 70 formula,” REDRAFT OTHER 29 CORRECTIVE AMENDMENT Mr. Panagiotakos moved that the bill be amended:- In Section 2 in item 0320-0003 by striking the figure “$7,783,707” and inserting in place thereof the following:- “$7,965,766” And, in said Section 2, in item 0322-0100 by striking the figure “$10,627,256” and inserting in place thereof the following:- “$10,827,256” And, in said Section 2, in item 0810-0045 by striking the figure “$3,133,588” and inserting in place thereof the following:- “$3,497,227” And, in said Section 2, in item 1233-2350, by striking out the words “provided, that funds shall be provided to individual sewerage districts for the cost of chemicals at wastewater treatment facilities within the commonwealth” And, in said Section 2, in item 1410-0012, by inserting after the word “program” the following words:- “or its successor” And, in said Section 2, in item 1410-0250, by inserting after the word “program” the following words:- “or its successor” And, in said Section 2, in item 2511-0100, by inserting after the word “fairs” the following words:- “provided that funds may be expended for the statewide 4-H program” And, in said Section 2, in item 2511-0100, by striking the figure “$4,683,708” and inserting in place thereof the following:- “$4,783,708” And, in said Section 2, in item 4000-0300, by inserting after the words “chapter 118E of the General Laws,” the following words:- “provided further, that funds may be expended for the operation of the office of health equity within the executive office of health and human services; provided further, that subject to appropriation, the executive office of health and human services may employ such additional staff or consultants as it may deem necessary; provided further, the office may prepare an annual health disparities report card with regional disparities data, evaluate effectiveness of interventions, and replicate successful programs across the state; provided further, the office shall work with a disparities reduction program with a focus on supporting efforts by community-based health agencies and community health workers to eliminate racial and ethnic health disparities, including efforts addressing social factors integral to such disparities;” And, in said Section 2, in item 4000-0600, by inserting after the words “kosher food;” the following words:- “provided further, that notwithstanding the provision of any general or special law to the contrary, nursing facility rates effective July 1, 2009 may be developed using the costs of calendar year 2005;” And, in said Section 2, in item 4000-0700, by striking the figure “$1,615,191,229” and inserting in place thereof the following:- “$1,618,491,229”; And, in said Section 2, in item 4000-0640, by inserting after the word “2002,” the following words:- “provided further, that an amount for expenses related to the collection and administration of section 25 of chapter 118G of the general laws shall be transferred to the division of health care finance and policy;” And, in Section 2, in item 4000-1700 by striking the figure “$89,620,931” and inserting in place thereof the following:- “$88,823,931” And, in Section 2, in item 4590-0915 by striking the figure “$137,664,607” and inserting in place thereof the following:- “$138,461,607” And, in said Section 2, in item 4800-0038 by inserting after the word “provided,” the following:- “provided further, that funds may be expended on supervised visitation programs, children’s advocacy centers, and services for child victims of sexual abuse and assault; and provided further, that funds may be expended on programs that received funding in fiscal year 2009” And, in said Section 2, by striking out item 4800-0016 and inserting in place thereof the following item:- 4800-0016 For the department of children and families which may expend for the operation of the transitional employment program an amount not to exceed $2,000,000 from revenues collected from various state, county and municipal government entities, as well as state authorities, for the costs related to the provision of services by the participants and the overhead costs and expenses incurred by the not-for-profit managing agent selected by the commissioner for administering the program; provided, that notwithstanding any general or special law to the contrary, the commissioner of the department of children and families may enter into a contract with Roca, Inc., a not-for-profit community based-agency, to manage the transitional employment program and to provide services to participants from the aging out population, parolees, probationers, youth service releases, or other community residents considered to have employment needs........ $2,000,000 And, in said section 2, in item 5930-1000, by inserting after the words “Monson Developmental Center”, which were inserted by amendment 474.1, the following words:- the Fernald Developmental Center, And, in said Section 2, in item 7003-0701 by striking out the word “and” after the words “result of training;” And, in said Section 2 in item 7003-0701 inserting after the words “job training” the following:- “and provided further, that grants may be administered by the department of workforce development to recruit and provide career support and workforce development retention of graduate students training for careers in public sector behavioral health service delivery;” And, in said Section 2, in item 7007-0900, by inserting after the words “within the commonwealth” the following:- “and provided further, that not less than $1,000,000 shall be made available through a grant application process established by the office of travel and tourism to offset deficits that may occur during fiscal year 2010 for the highway information centers operating year-round on state highways and federally-assisted highways, and the visitor information centers on Boston Common and the Prudential Center, both in the city of Boston, and the Adams Visitor Center in Adams” And, in said Section 2, in item 7007-0900 by striking the figure “$7,733,636” and inserting in place thereof the following:- “$8,733,636” And, in said Section 2, by striking out item 7061-9612 and inserting in place thereof the following item:- 7061-9612 For the school of excellence program at the Worcester Polytechnic Institute…$1,300,000 And, in said Section 2, in item 7061-9600, by striking out the words “provided further, that funds shall be distributed to the department of higher education in order to increase the capacity of public institutions of higher education to include students with severe disabilities in the concurrent enrollment pilot program;” and inserting in place thereof the following words:- “provided further, that funds may be distributed to the department of higher education in order to increase the capacity of public institutions of higher education to include students with severe disabilities in the concurrent enrollment pilot program.” And, in said Section 2, in item 7061-9600, by striking out the words “provided further, that funds shall be allocated to the department of elementary and secondary education to provide training and technical assistance to school districts for program implementation;” and inserting in place thereof the following words:- “provided further, that funds may be allocated to the department of elementary and secondary education to provide training and technical assistance to school districts for program implementation.” And, in said Section 2, in item 7061-9611, by striking the following words, which were inserted by amendment 362: “provided further, that funds may be expended to continue mentoring initiatives that combat the chronic dropout of at-risk youths that were funded in item 7030-1003 in Chapter 182 of the Acts of 2008, Section 2” And, in said section 2, in item 7061-9404 by inserting at the end thereof the following words:- “provided further, that funds may be expended to continue mentoring initiatives that combat the chronic dropout of at-risk youths that were funded in item 7030-1003 in Chapter 182 of the Acts of 2008, Section 2” And, in said Section 2, by inserting after item 7061-9626 the following item:- 7061-9634 For a transfer of this item to the Massachusetts Service Alliance, which shall be responsible for administering a competitive statewide grant program for public and private agencies to start or expand youth mentoring programs according to current best practices and for purposes including advancing academic performance, self-esteem, social competence and workforce development; provided, that the department of elementary and secondary education shall transfer the amount appropriated in this item to the Massachusetts Service Alliance for the purpose of these grants; provided further, that in order to be eligible to receive funds from this item, each public or private agency shall provide a matching amount equal to $1 for every $1 disbursed from this item; and provided further, that the Massachusetts Service Alliance shall submit a report detailing the impact of grants, expenditure of funds and the amount and source of matching funds raised to the department of elementary and secondary education…$517,320 And, in said Section 2 in item 8324-0000 by inserting after the words “Norfolk County Regional Fire & Rescue Dispatch Center”, the following words:- “provided further, that $1,296,000 shall be provided for the Commonwealth's Hazardous Material Response Teams” And in said Section 2, in said item 8324-0000, by striking out the figure “$14,313,693” and inserting in place thereof the following:- “$15,609,693” And, in Section 2B, in item 4000-1701 by striking the figure “$32,704,589” and inserting in place thereof the following:- “$33,501,589” And, in said Section 2D, in item 2030-9701, by striking the figure “$4,763,189” and inserting in place thereof the following figure:- “$1,396,630”; And, by striking out section 36; And further by striking section 37 in its entirety and inserting in place thereof the following:- SECTION 37. Section 23 of said chapter 90, as appearing in the 2006 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:- Notwithstanding the preceding paragraph or any other general or special law to the contrary, whoever has not been previously found responsible of or convicted of, or against whom a finding of delinquency or a finding of sufficient facts to support a conviction has not been rendered on, a complaint charging a violation of operating a motor vehicle after his license to operate has been suspended or revoked, or after notice of the suspension or revocation of his right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or to the issuance to him of a new license to operate shall be punished by a fine of not more than $500. This paragraph shall not apply to any person who is charged with operating a motor vehicle after his license to operate has been suspended or revoked pursuant to a violation of paragraph (a) of subdivision (1) of section 24, or section 24D, 24E, 24G, 24L or 24N of this chapter, subsection (a) of section 8 or section 8A or 8B of chapter 90B, section 8, 9 or 11 of chapter 90F or after notice of such suspension or revocation of his right to operate a motor vehicle without a license has been issued and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or the issuance to him of a new license to operate because of any such violation. And, by striking Section 41 in its entirety and inserting in place thereof the following:- SECTION 41. Section 34J of said chapter 90, as so appearing, is hereby amended by adding the following paragraph:- Notwithstanding any general or special law to the contrary, whoever violates this section and has not been previously determined responsible of or convicted therefore, or against whom a finding of delinquency or a finding of sufficient facts to support a conviction has not previously been rendered, on a complaint charging a violation of this section shall be punished by fine of not more than $500. And, by striking section 44 in its entirety; And, by striking Section 62 in its entirety and inserting in place thereof the following:- SECTION 62. Chapter 272 of the General Laws is hereby amended by striking out section 40, as so appearing, and inserting in place thereof the following section:- Section 40. Whoever willfully interrupts or disturbs a school assembly or other assembly of people met for a lawful purpose shall be punished by imprisonment for not more than 1 month or by a fine of not more than $50; provided, however, that whoever, within 1 year after being twice convicted of a violation of this section, again violates this section shall be punished by imprisonment for 30 days and such sentence shall not be suspended; provided further, that a child between the age of 7 and 17 who willfully interrupts or disturbs a school assembly shall be punished by a fine of not more than $50. And; by striking Section 62 in its entirety and inserting in place thereof the following:- SECTION 63. Chapter 272 of the General Laws is hereby amended by striking out section 53 and inserting in place thereof the following section:-. Section 53. (a) Common night walkers, common street walkers, both male and female, persons who with offensive and disorderly acts or language accost or annoy persons of the opposite sex, lewd, wanton and lascivious persons in speech or behavior, keepers of noisy and disorderly houses, and persons guilty of indecent exposure may be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment. (b) Disorderly persons and disturbers of the peace, for the first offense, may be punished by a fine of not more than $150. On a second or subsequent offense, said person may be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment. And in section 74, in paragraph (a) by striking out the figure “$20,000,000” and inserting in place thereof the following figure:- $10,000,000 And said section 74, in paragraph (b) by striking out the figure “$9,000,000” and inserting in place thereof the following figure:- “$5,000,000 And, by striking the following three sections, inserted by amendment 1: SECTION __. Section 5 of chapter 59 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the word “than”, in line 220, the following words:- a telephone or telegraph corporation subject to tax under section 52A of chapter 63 or. SECTION __. Said section 5 of said chapter 59, as so appearing, is hereby further amended by inserting after the words “two A”, in line 223, the following words:- , other than a telephone or telegraph corporation,. SECTION ___. Clause fifth of section 18 of said chapter 59, as so appearing, is hereby amended by adding after the last sentence the following 2 sentences:- Poles, underground conduits, wires and pipes of all telecommunications providers, laid in or erected upon public or private ways and property shall be assessed to their owners in the cities or towns where they are laid or erected. For purposes of this clause, telecommunications providers shall include all entities which provide any television service, internet service, telephone service, voice service, broadband service, video service, data service or any other form of telecommunication service. And, by inserting the following section: SECTION ___. Clause Fifth of section 18 of said chapter 59, as appearing in the 2006 Official Edition, is hereby amended by adding the following 2 sentences:- Poles, underground conduits, wires and pipes of telecommunications companies laid in or erected upon public or private ways and property shall be assessed to their owners in the cities or towns where they are laid or erected. For purposes of this clause, telecommunications companies shall include cable television, internet service, telephone service, data service and any other telecommunications service providers. And, by striking out, after section 90, the following section inserted by amendment 427: SECTION 90A: Notwithstanding any general or special law to the contrary, any and all vendors, providers or sub-contractors doing business with or at the Boston Convention and Exhibition Center, irrespective of state of incorporation or initiation of travel, shall file with the Convention Authority a certificate that the entity is doing business in the Commonwealth and is in compliance with all regulatory and public safety laws including but not limited to registration with the state secretary, the department of revenue, the division of public utilities where appropriate, the division of insurance and the division of industrial accident. Filing made in compliance with this section shall be deemed to be public record”. And, by inserting the following section: SECTION ___. Subsection (b) of section 3 of chapter 121F of the General Laws, as added by chapter 119 of the acts of 2008, is hereby amended by striking clause (7) and inserting in place thereof the following clause:- (7) notwithstanding the restrictions described in this chapter, monies provided for the fund may be used for the purposes of the soft second mortgage program described in item 3322-8880 of section 2 of chapter 110 of the acts of 1993. And, by inserting the following section:- SECTION ____. Provided, that the provisions of section nineteen A of chapter seventy-eight of the General Laws or any other general or special law to the contrary, for the fiscal year 2010 state aid to public libraries program, the board of library commissioners shall consider that Wareham has met the standard of minimum hours of service as set forth in section nineteen B of chapter seventy-eight of the General Laws and defined in section 4.01(3) of chapter 605 of the Code of Massachusetts regulations; and provided further, that the library must demonstrate compliance with the minimum hours open requirement in fiscal year 2010 by December 15, 2009, and must successfully complete the annual certification process of the board in fiscal year 2010. REDRAFT OTHER 30 RETIREMENT ALLOWANCE FOR CERTAIN TEACHERS Ms. Menard moved that the bill be amended in amended in Section X “ Chapter 32.Section 4 (G1/2) by inserting after the word, in line 82, “commission; the following words:- “provided, that no credit shall be allowed unless such member has made application to the teachers retirement system or the State-Boston retirement system on a form prescribed by such system to purchase such service by Dec 31, 2001 and has paid into the Annuity Savings Fund of the system by December 31, 2009; provided further that any such member that has retired between January 1, 2009 and December 31, 2009 shall be eligible.” OTHER 31 SENIOR CIRCUIT BREAKER CREDIT ADJUSTMENT Ms. Fargo moves to amend the bill in Section 3, by adding the following Section:- SECTION____. “Section 1. Paragraph (2) of subsection (k) of section 6 of chapter 62 of the General Laws, as appearing in the 2006 Official Edition, is amended by inserting after the figure “$750”, as so appearing, at the end of said paragraph, the following words:- ; except, in the event that the taxpayer’s total income does not exceed 50 percent of the income limitation as applicable to the taxpayer under clause (i) of paragraph (3) of this subsection, as increased under paragraph (4) of this subsection, then such amount to which the real estate tax payment or the rent constituting real estate tax payment exceeds the taxpayer’s total income shall be calculated based on 8 ½ percent of such total income.” And further moves to amend the bill in Section 3, by adding the following Section:- SECTION ____. “Section ___ shall take effect as of January 1, 2010.” OTHER 32 CIVIC ENGAGEMENT COMMISSION Mr. Richard T. Moore moved that the bill be amended in by inserting, after Section __, the following new Section:- SECTION __. Section 106 of Chapter 182 of the Acts of 2008 is hereby amended by striking, in section (d), the following: “January 1, 2009” and placing therein the following: “June 30, 2011”. REDRAFT OTHER 33 EFFICIENT ADMINISTRATION FOR MOTOR VEHICLE REGISTRATION Ms. Fargo moves to amend the bill, in Section 3, by adding the following Section:- SECTION ___. “Section 1. Section 2 of chapter 90 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the seventh paragraph the following paragraphs:- “Any renewal registration for a private passenger motor vehicle shall be for a period of 3 years, provided such renewal shall not be for a registration where the registrar has issued for such vehicle, distinctive registration plates, or special registration plates of distinctive type or types including plates of a vanity type and plates bearing the station call letters of an amateur radio operator, or such other particular registration plates not distinctive, requested by such vehicle’s owner, known as reserve plates. Any registration or renewal of registration for any trailer with a registered gross vehicle weight of 3,000 pounds or less, shall be for a period of 2 years. The registrar shall provide notification to the owner of a registered motor vehicle or trailer of the expiration of such registration. Such notification shall be made by mail to the owner at the address last listed on the registration at the registry for such vehicle, and not less than 30 days or greater than 90 days prior to the expiration date of such registration.” And, further moves to amend the bill in Section 3, by adding the following Section:- SECTION ____. “Section 1. Section 33 of chapter 90 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after clause (36) the following clause:- “(37) For the renewal of the registration of private passenger motor vehicles the fee collected shall be 54 dollars, in addition to incurred administrative costs of 5 dollars for issuance in connection therewith, provided that said fee shall be for a 3 year registration period and the registration issued by the registrar for such vehicle, shall not be for distinctive registration plates, or special registration plates of distinctive type or types including plates of a vanity type and plates bearing the station call letters of an amateur radio operator, or such other particular registration plates not distinctive, requested by such vehicle’s owner, known as reserve plates, notwithstanding any other provision that is otherwise provided.” And, further moves to amend the bill in Section 3, by adding the following Section:- SECTION___. “Section 1. Sections ____and___ shall take effect November 1, 2009.” OTHER 34 WITHDRAWN Redraft OTHER 35 SOBRIETY HIGH SCHOOL TECHNICAL AMENDMENT Mr. Tolman moved that the bill be amended, in Section 35, by striking out the text and inserting in place thereof the following:- “Chapter 71 of the Massachusetts General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting the following new section:- Section 91. (a) “Recovery High School” shall mean a public school or collaborative program for students diagnosed with substance use disorder or dependency, as defined by the Diagnostic and Statistical Manual of Mental Disorders IV-TR, that provides (i) a comprehensive 4-year high school education and (ii) a structured plan of recovery. (b) A school district shall transfer the state average chapter 70 per pupil allotment to a Recovery High School for any student meeting the following criteria: (i) the student is currently enrolled in the district or currently resides in the municipality in which the district is located; (ii) the student is considered clinically appropriate by a clinician as defined by 105 CMR 164.006 of the Code of Massachusetts Regulations, using the criteria for Substance Use Disorders as defined in the Diagnostic and Statistical Manual of Mental Disorders IV-TR; and (iii) the student meets all matriculation criteria as outlined by their sending districts and the department of elementary and secondary education, with determination of academic eligibility based on existing documentation provided by the district. The district and the Recovery High School shall arrange to confer a diploma when a student completes all state and district-mandated graduation requirements. (c) Recovery High Schools shall submit to the board of elementary and secondary education data considered necessary by the board to provide information regarding each student’s academic performance. Recovery High Schools shall also submit to the department of public health data regarding each student’s recovery. (d) The board of elementary and secondary education shall promulgate regulations, as necessary in consultation with the department of public health and the department of mental health, to implement the provisions of this section.” REDRAFT OTHER 36 WITHDRAWN OTHER 36.1 WITHDRAWN REDRAFT OTHER 37 WITHDRAWN OTHER 38 WITHDRAWN REDRAFT OTHER 39 WITHDRAWN Rejected RC #44 E [5 to 34] OTHER 40 FREEZE CORPORATE TAX RATE Mr. Eldridge moved that the bill be amended in Section X by adding the following new sections:- Section XX. Chapter 63 of the General Laws is hereby amended in section 2 by striking out subsection (b) and inserting in place thereof the following subsection:- (b) Any corporation taxable under this section shall pay an excise measured by its net income determined to be taxable under section 2A at the rate of 10.5 percent; provided, however, that in no case shall the excise imposed under this section amount to less than $456. Section XX. Said Chapter 63 is hereby further amended in Section 2B, as created by Chapter 173 of the Acts of 2008, by striking out subsection 1 and inserting in place thereof the following subsection:- (1) The net income shall be determined by taking into account subchapter S of the Code. Income or loss shall be determined as if it were realized or incurred directly by an owner subject to taxation under chapter 62 or 63, as applicable. In the case of an S corporation, income shall be included in the net income measure under this subsection and, to the extent that the income is taxed to the S corporation for federal income tax purposes, subject to tax at a rate of 10.5 percent. Section XX. Said Chapter 63 is hereby further amended in section 39 by striking out section subsection (a)(2)(i) and inserting in place thereof the following subsection:- (a)(2)(i) 9.5 per cent of its net income determined to be taxable in accordance with this chapter. Rejected RC #43 D [5 to 34] OTHER 40.1 COMBINED REPORTING REPEAL Mr. Tisei moved that amendment 40 be further amended by striking the text and inserting in place thereof the following: - “chapter 173 of the acts of 2008 is hereby repealed.” OTHER 41 CORE GOVERNMENT SERVICES STUDY Ms. Chandler moved that the bill be amended by inserting after Section _____ the following new Section: - “SECTION X. There shall be a special commission to investigate and study the reform and core functions of state government in order to determine what are the essential services the Commonwealth must deliver to its citizens. The study shall include, but not be limited to, an examination of projected revenue, a prioritization of the core services state government, what is the most efficient manner to deliver those services, and how can the state measure progress in achieving those goals indentified. The commission shall consist of 11 members, 5 members of the house of representatives, 1 of whom shall be appointed by the minority leader, 5 members of the senate, 1 of whom shall be appointed by the minority leader, and the secretary of administration and finance or her designee. The commission shall file a report of the results of its investigation with the clerks of the house of representatives and senate, the house and senate committees on ways and means on or before December 31, 2009.” REDRAFT OTHER 42 WITHDRAWN 4rd Redraft OTHER 43 GAMING Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:- “Section XX. The General Laws are hereby amended by inserting after chapter 128C the following chapter:— Chapter 128D. The Massachusetts Gaming Control Act. Section 1. General Provisions. (a) This chapter shall be known and may be cited as the “Massachusetts Gaming Control 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. (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 prohibition, control, condition, inspection, tax, or fee is not inconsistent with this act, 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. Definitions. 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 ten percent (10%) 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%) of voting membership rights or voting stock, or (ii) that at least twenty-five percent (25%) 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) “Bureau,” the state gaming control bureau established by this act; (d) “Commission,” the Massachusetts gaming control commission; (e) “Controlled game,” or “controlled gaming,” any game of chance, or skill, or both, played for currency, check, credit, or any other thing of value, and including electronic gaming devices and games classified as class II or class III gaming under the Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq., but excluding: (1) The game of bingo conducted pursuant to chapter two hundred and seventy-one; (2) Parimutuel wagering on horse and dog races, whether live or simulcast, authorized under G.L. c. 128A and G.L. c. 128C; (3) Any lottery game conducted by the state lottery commission, in accordance with G.L. c. 10, § 24. (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, whereby the software of the device predetermines the presence or lack of a winning combination and payout; also 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 bureau; (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, and to officers and directors of licensed persons or entities; (l) “Gaming operation,” one or more controlled game that is 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 services” means providing services or goods to any licensed gaming establishment directly in conjunction with the operation of gaming, including security services, 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; (o) “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 licenses or applicant; (p) “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 gaming license; (q) “Licensed operator,” any operating entity that conducts a controlled gaming operation within a gaming establishment pursuant to a license or licenses issued under this Act. (r) “Licensed premises,” the premises upon which is located a gaming establishment pursuant to a license issued to a licensed operator; (s) “Licensee,” any person or party holding, or purporting to hold, a valid gaming license under this chapter; (t) “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; (u) “Operating entity,” any person who conducts a gaming operation; (v) “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; (w) “Person” or “party,” a natural person, corporation, partnership, limited partnership, trustee, holding company, joint venture, association, or any business entity; (x) “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 G.L. c. 128A, as amended, to conduct parimutuel racing during calendar year 2009, 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. (y) “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; (z) “Work permit,” any permit issued by the commission authorizing the holder to be employed as an employee in a licensed gaming establishment. Section 3. Gaming Control Commission; Composition, Powers & Duties. (a) There shall be established a Massachusetts gaming control commission consisting of five members. Each member shall be a citizen of the United States and a resident of the commonwealth. No officer or official of any political party, nor any person who was formerly a licensee or an unlicensed employee of a gaming licensee within the five years prior to any appointment shall be eligible for appointment to the commission. No person actively engaging or having a direct pecuniary interest in gaming activities shall be a member of the Commission. Not more than three members of the Commission shall be of the same major political party affiliation. The governor shall appoint one member of the Commission and designate one member to serve as chairman of the Commission. The attorney general of the commonwealth shall appoint one member of the Commission. The auditor of the commonwealth shall appoint one member of the Commission. The Secretary of State shall appoint one member of the Commission. (b) The term of office of each member of the Commission shall be five years except that, of the members initially appointed, one shall be appointed by the governor for a term of five years, one shall be appointed by the attorney general for a term of four years, one shall be appointed by the governor for a term of three years, one shall be appointed by the auditor for a term of two years, and one shall be appointed by the Secretary of State for a term of one year. After the initial term the term of office for each member of the Commission is five years, provided that no member shall serve more than two consecutive terms of five year periods. Any vacancies shall be filled by the original appointing authority within sixty days of the occurrence of such vacancy. Any appointee shall continue in office beyond the expiration date of his term until the appointment of a successor but in no event longer than six months. Any Commissioner may be removed by his appointing authority for just cause, and shall be suspended, without pay, upon indictment for any felony. Any person so suspended shall be removed upon conviction. Any person so suspended and later acquitted of any such felony shall be reinstated to the commission upon such acquittal, with full back pay. (c) The commission members shall devote that time and attention to the business of the commission as is necessary to discharge their duties; provided, however, the chairman shall devote his or her full time during normal business hours to the business of the commission. The members of the commission shall be compensated for work performed for the commission at ninety thousand dollars per annum, with the chairman receiving ten thousand dollars per annum in additional compensation. Commission members shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. Before entering upon the duties of the office each member shall swear that he is not pecuniarily interested in, or doing business with, any person holding a gaming license and shall submit to his appointing authority and to the state ethics commission a statement of financial interest required by chapter two hundred sixty-eight B of the general laws. (d) Except as otherwise provided herein, meetings of the commission shall be subject to the provisions of Section eleven A and eleven A and one-half of chapter thirty A of the General Laws. A majority of the membership of the commission shall constitute a quorum of the commission. A public record of every vote shall be maintained at the commission’s general office. (e) The commission shall conduct hearings in accordance with the provisions of chapter thirty A, provided, however, that clause three of Section eleven of chapter thirty A 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. (f) The commission may retain legal, investigative, clerical and other assistance as may be necessary. (g) 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. (h) The commission shall make an annual report of its activities to the general court by March 31, for the prior calendar year. (i) The commission may grant or deny any application for a license or approval; may limit, condition, restrict, suspend, or revoke any license or approval for any cause deemed reasonable by commission, consistent with this chapter or any general or special law. The commission may, in its discretion, issue a probationary gaming license. No gaming license may be assigned either in whole or in part. (j) As provided in commission regulations, the commission may impose 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. (k) The commission shall, pursuant to sections two and three of chapter thirty A of the general laws, promulgate regulations necessary to carry out the powers and the provisions of this chapter, 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 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; (6) the monitoring of licensees to ensure compliance with this chapter and the regulations promulgated thereunder; (7) the presentation and/or display of all licenses and work permits; (8) the registration of non-gaming suppliers; (9) the method for collecting any fines, fees, penalties and interest imposed by the commission; (10) 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 gaming facilities with controlled gaming; (11) the manufacturing, distribution, sale, testing, servicing, and inspection of gaming equipment, including requirements for the identification and licensing of same; (12) any limitations on mortgage security interests and agreements relating to the property of licensed gaming establishments; (13) any limitations on transfers of interests in licenses; (14) advertising by licensed gaming establishments; provided, however, licensees shall have the right to conduct reasonable advertising consistent with that of competing gaming facilities; (15) the manner in which winnings, compensation from games, and gaming devices must be compiled and reported by licensees, provided, further, electronic gaming devices shall return as winnings a minimum of eighty-five percent of all sums wagered. (16) standards for protection of the health, safety, and security of the public at licensed gaming establishments; (17) 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; (18) the persons to be excluded or ejected from licensed gaming establishments, including the type of conduct prohibited; and (19) the distribution of funds for the treatment of compulsive behavior. The Commission shall refer all regulations to both the Attorney General and to the Undersecretary of Consumer Affairs and Business Regulation, who shall either approve or disapprove of the proposed regulations within 30 days. No regulation promulgated by the Commission shall take effect without the approval of both the Attorney General and the Undersecretary of Consumer Affairs and Business Regulation. (l) Not more than 180 days after the passage of this act, the Commission shall make a recommendation to the legislature regarding a proposed percentage of net gaming revenues that each licensee shall pay to the state in compliance with sub Section (a) of Section 5 of this chapter. The Commission shall hold at least one public hearing before issuing said recommendation, and shall consider in its deliberations the percentages of net gaming revenues paid by gaming establishments in other states; provided, that the recommendation issued by the Commission shall in no case be lower than either the mean or median of the percentage paid by gaming establishments in other states, nor higher than 45 percent of net gaming revenues. (m) In emergencies, the commission may, without complying with sections two or three of chapter thirty A of the general laws, 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 expire after ninety days. (n) Each operating license shall be issued for a term of ten years. (o) Any failure of a licensee to comply with this chapter or any regulation of the commission or the bureau may, at the discretion of the commission, result in the immediate suspension or revocation of the license. (p) 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. (q) Any person who has had his application for a license denied or revoked, or is otherwise not in compliance with any requirements hereunder, shall not retain his interest in the premises or any entity seeking or holding a license under this chapter beyond that period prescribed by the commission; and shall not accept more for his interest than he paid for it or the market value on the date of the denial or revocation of the license or occurrence of non-compliance (not including the prospective value of said license), whatever is higher. (r) 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. (s) No person shall transfer a direct or indirect pecuniary interest in a licensed operating entity or premises, or enter into an option contract or other agreement providing for such transfer in the future, without having notified the commission. No person shall transfer a greater than five percent (5%) direct or indirect pecuniary interest in a licensed operating entity or premises without the issuance by the commission to the transferee of an operating license or an affirmative statement that the transferee has met the operating license standards, as the commission may require. (t) 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. (u) 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 three years from the termination of his office or employment with the commission. (v) 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 all relevant information on such activity. The commission shall apply to the department of public safety for the assignment of a complement of police officers to the commission on a regular basis and said department shall assign such complement to the commission. The commission shall assign 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 be entitled. The commission shall from funds available pay to the department of public safety the cost of the salaries of the police officers so assigned from funds appropriated to the commission. 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 gaming control 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. (w) The commission, as it deems appropriate, may ask a district attorney 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. (x) Any person aggrieved by a determination by the commission to issue, deny, modify, revoke or suspend any license or approval, or to issue any order under the provisions of this chapter, may request an adjudicatory hearing before the commission under the provisions of chapter thirty A. Any such determination shall contain a notice of this right to request a hearing and may specify a time limit, not to exceed twenty-one days, within which said person shall request said hearing. If no such request is timely made, the determination shall be deemed assented to. If a timely request is received, the commission shall within a reasonable time act upon a request in accordance with the provisions of chapter thirty A. A person aggrieved by a final decision in an adjudicatory hearing held under the provisions of this Section may obtain judicial review thereof pursuant to the provisions of chapter thirty A. Section 4. State Gaming Control Bureau; Composition, Powers & Duties. (a) There shall be established a state gaming control bureau within the executive office of administration and finance. (b) The secretary of administration and finance shall appoint the executive director of the bureau for a term of five years. The executive director shall not serve more than two consecutive terms. 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 G.L. c. 31 or G.L. c. 30, § 9(A). The department of public safety and division of state police shall assign to the Division such full and adequate numbers of investigators as the executive director shall reasonably require to carry out the purposes of this chapter. (c) The powers and duties of the bureau shall include, but not be limited to, the following: (1) To visit, investigate, and place accountants, 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, inspect, and examine without prior notice or approval of any party, all premises where gaming equipment is manufactured, sold or distributed; (4) To inspect and 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, and inspect, examine, photocopy, and 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 inspect, examine, photocopy, and audit all relevant and material papers, books, and records of any affiliate of a licensed gaming establishment that the bureau 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; 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 bureau shall investigate the qualifications of each applicant under this chapter and make a recommendation to the commission before any license is issued. The bureau 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 or bureau regulations. (e) The bureau may recommend to the commission the denial of any application, the limitation, conditioning, restriction, sus- pension, or revocation of any license or approval, or the imposition of any fine or penalty upon any licensee. (f) The bureau 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. The bureau may maintain any other files and records as it deems appropriate. (g) Each employee of the bureau shall file with the executive director and the state ethics commission a statement of financial interest as defined in chapter two-hundred sixty-eight B. 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 bureau shall be permitted to place a wager in any establishment licensed by the commission except in the course of his duties. (i) No person employed by the bureau shall solicit or accept employment from a licensee, or represent any person or party other than the commonwealth before or against the bureau or the commission, for a period of three years from the termination of his office or employment with the bureau. (j) The bureau 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 bureau 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 bureau shall report same to the district attorney of the county within which the licensed gaming establishment is located and make available to said district attorney all relevant information on such activity. (k) The bureau, as it deems appropriate, may ask said district attorney to file a civil lawsuit to retrain a violation of this chapter or enforce any provision thereof. 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. (l) The bureau 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 bureau 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 of the bureau may recommend that the commission initiate proceedings or actions appropriate to enforce this chapter and the regulations promulgated thereunder. Section 5. Licensing of Licensed operators; payment of Commissions. (a) Notwithstanding the provisions of G.L. c. 137, G.L. c. 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, to operate a gaming establishment; and shall have the right to operate two thousand five hundred (2,500) electronic gaming devices, at a racing meeting licensee’s premises only; and, provided, further, that each of said licensees shall have the right to operate an equal number of electronic gaming devices. Said licensees shall pay a licensing fee of $50,000,000, half of which shall be due upon receipt of the license, and the rest of which shall be due in three equal installments of $8,333,333 on July 1 of each of the three subsequent years. Said licensees shall pay weekly to the Commission, on behalf of the Commonwealth, a percentage of net gaming revenues to be determined by the Commonwealth pursuant to the recommendation of the Commission, and from which weekly payment the Commission shall then allocate percentages (i) to be paid to the city or town in which each establishment is located, with each such city or town receiving two percent (2%) of said revenues; (ii) to the purse accounts at each of the respective licensees’ race tracks (iii) four-fifths of the remaining amount to be paid into the State Lottery Fund; (iv) and the balance of said sum after payment of the allocations shall be deposited in the General Fund. The remaining sums shall be retained by each licensee as its commission and, provided, further, that each such licensee shall in addition pay all taxes otherwise due and payable. (b) The Commission shall grant one additional license to the Massachusetts Port Authority for the operation of no more than 250 electronic gaming devices in the international terminal of Logan International Airport; provided, that no license shall be granted unless the Authority complies with all relevant regulations promulgated by the Commission. The Authority may, in its discretion, contract with a vendor to provide gaming services, in which case the vendor shall pay to the Commonwealth a licensing fee of $5,000,000, half of which shall be due upon receipt of the license, and the rest of which shall be due in three equal installments of $833,333 on July 1 of each of the three subsequent years. No licensing fee shall be due if the Authority conducts the gaming operations itself. Nothing in this Section shall exempt the Authority from the weekly payments of a percentage of net gaming revenues set elsewhere in this Chapter. (c) No person 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. 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. (d) A person may apply to be a licensed operator by filing an application with the commission, the form and any accompanying application fees as the commission may establish. Information on the application will be used as the basis for a thorough background investigation which the bureau shall conduct with respect to each applicant. 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 five percent of the membership interests; in the case of a partnership, the names and addresses of al partners, both general and limited; and in the case of a trust, the names and addresses of all trustees and beneficiaries. (e) Each operating entity shall identify, in its application, 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 except as otherwise permitted herein, no person other than a gaming establishment licensee here- under 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. (f) 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 or bureau. (g) 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 or bureau. Section 6. Records of Commission and Bureau Proceedings. (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 open to public inspection. (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 bureau conducted pursuant to this chapter shall be made available by such agency to the commission or bureau as requested. However, 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 or bureau. (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 if it appears that a violation of any law related to gaming has occurred. Section 7. Criminal Acts and Penalties; Age Restrictions. (a) No official, member, employee, or agent of the commission or bureau, having obtained access to confidential records or infor- mation 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 ten thousand dollars or by imprisonment in the house of correction for not more than one 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 correction for not more than one year, or by a fine of not more than ten thousand dollars, or by both such imprisonment and fine. (d) Any person under the age of twenty-one 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 one year, or by a fine of not more than one thousand dollars, 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 one year or pay a fine of not more than ten thousand dollars, or by both such imprisonment and fine. A subsequent violation of this Section shall subject the licensee to imprisonment in the house of correction for not more than two years or pay a fine of not more than twenty-five thousand dollars or by both such imprisonment and fine. (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 five years or by imprisonment in the house of correction for not more than two and one-half years, or by a fine of not more than ten thousand dollars, or by both such imprisonment and fine. (f) Any person who willfully resists, prevents, impedes, interferes with, or makes any false, fictitious or fraudulent statement, or representation to the commission or the bureau of any of their agents or employees in the performance of duties pursuant to this chapter, shall be punished by imprisonment in the house of correction for not more than two years, or by a fine not more than five thousand dollars, or by both such imprisonment and fine. (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 correction for not more than two and onehalf years, or by a fine of not more than ten thousand dollars, or by both such imprisonment and fine. (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 correction for not more than two and one-half years, or by a fine of not more than ten thousand dollars, or by both such imprisonment and fine. (i) Any former commissioner or commission or bureau 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 establish- ment shall be punished by a fine of not more than five thousand dollars or by imprisonment for not more than two and one-half years in the house of correction or by both such fine and imprisonment. Any licensee who knowingly employs a former commissioner or commission or bureau employee in violation of this sub Section 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 correction for not more than two years or by a fine of not more than four thousand dollars, or by both such imprisonment and fine. (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 correction for not more than two years, or by fine of not more than five thousand dollars, or by both such imprisonment and fine. (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 bureau or of the commission, may order that no new or additional license under this chapter be issued 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. Revenues. (a) There is hereby established a gaming investigative account. Any and all reasonable expenses associated with the licensing of any applicant shall be borne by the applicant or licensee. Pursuant to its regulations, the commission shall require each applicant to deposit with the commission, together with the application, an application fee which shall be deposited in the gaming investigative account. Such fee shall constitute the anticipated costs and charges incurred in the investigation and processing of the application, and any additional sums as are required by the commission and the bureau to pay final costs and charges. Expenses may be advanced from the gaming investigative account by the commission to the bureau. Any money received from an applicant in excess of the costs and charges incurred in the investigation or the processing of the application shall be refunded pursuant to regulations adopted by the commission. At the conclusion of the investigation, the bureau shall provide the applicant a written accounting of the costs and charges so incurred. Section 9. Disclosure requirements. (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 bureau. (b) All licensees shall have a duty to inform the commission and bureau of any action which they reasonably believe would constitute a violation of this chapter, and shall assist the commission and bureau 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 licensees’ 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 or the bureau shall be discriminated against by an applicant or licensee because of the supplying of such information. Section 10. Recovery of Gaming Debts by Patrons. 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 bureau; or (b) less than $500, the gaming establishment shall inform the patron of his right to request that the bureau conduct an investigation. The bureau 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 bureau 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 bureau or inform the patron as provided herein shall subject the establishment to disciplinary action. Any party aggrieved by the determination of the bureau 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.” 2nd Redraft OTHER 44 PRESERVING THE CONFIDENTIALITY OF INDIVIDUAL TAXPAYER INFORMATION Ms. Spilka moved that the bill be amended by striking out Section 25 and inserting in place thereof the following: SECTION 25. Said chapter 62C is hereby further amended by adding the following section:- Section 88. (a)(1) Annually, not later than March 1, the administering agency head of each tax credit program shall submit a report to the commissioner on each tax credit program authorized for the previous calendar year which shall be a public record. (2) The report shall contain the following information: (i) the number of taxpayers authorized by the administering agency head to receive a tax credit; (ii) the total amount of tax credit award and issued tax credit for each industry and each project, if applicable; (iii) the date of the tax credit award or issued tax credit for each industry and each project; and (iv) an aggregate summary of the employment data, by industry, provided by each taxpayer pursuant to subsection b(1). (3) The report shall contain an analysis of the impact of the tax credit on preserving and promoting the relevant industry in the commonwealth and employment in the relevant industry including, but not limited to, an analysis of the relevant industry's output, where applicable, and employment retained or increased in the relevant industry in the commonwealth for the calendar year, other benefits relevant to the specific goals of the tax credit program and other information that the commissioner may require. (4) The report shall additionally include the following information relevant to the following specific tax credit programs: (i) for the brownfields tax credit, an analysis of the impact of the brownfields tax credit program on the cleanup and development of contaminated properties; (ii) for the dairy farmer tax credit, an analysis of the impact of the dairy farmer tax credit on preserving dairy farms and dairy farm employment including, but not limited to, an analysis of the dairy product output and the number, size in acreage and location of dairy farms receiving a dairy farm credit; (iii) for the U.S.F.D.A. user fees credit, life sciences investment tax credit and the refundable research credit, an analysis of the impact of the program on preserving and increasing economic development and infrastructure for the calendar year; (iv) for the film tax credit, an analysis of the impact of the film tax credit program on preserving or increasing film industry jobs and other benefits of the program; (v) for the historic rehabilitation tax credit, an analysis of the impact of the program on preserving historic structures and other benefits of the program including, but not limited to, the employment created for the calendar year; (vi) for the low-income housing tax credit, an analysis of the impact of the program on preserving or increasing low-income housing and other benefits of the program, including but not limited to, the number of low-income housing units placed in service for the calendar year; and (vii) for the medical device tax credit, an analysis of the impact of the medical device tax credit program on preserving or increasing medical device industry jobs and other benefits of the program. (b)(1) Annually, not later than February 15, each taxpayer receiving an authorized tax credit from the administering agency head in the previous calendar year shall submit a statement of jobs on a form provided by the administering agency head to the administering agency head containing the following information: (i) the number of full-time employees working for the taxpayer on the date the administering agency head authorized the tax credit; (ii) the average salary of the full-time employees identified in clause (i); (iii) the number of part-time employees, identifying the part-time employees as either equal to or less than 20 hours per week employees or less than 35 hours but more than 20 hours per week employees, working for the taxpayer on the date the administering agency head authorized the tax credit and the number of part-time employees, identifying the part-time employees as either equal to or less than 20 hours per week employees or less than 35 hours but more than 20 hours per week employees, working for the taxpayer on December 31 of the calendar year in which the administering agency head authorized the tax credit; (iv) the average salary of the employees working equal to or less than 20 hours per week and the average salary of employees working less than 35 hours but more than 20 hours per week as identified in clause (iii); (v) the number of full-time employees working for the taxpayer on the date the administering agency head authorized the tax credit and the number of full-time employees working for the taxpayer on December 31 of the calendar year in which the administering agency head authorized the tax credit; (vi) the average salary of the full-time employees identified in clause (v); (vii) the average salary of the employees working equal to or less than 20 hours per week and the average salary of the employees working less than 35 hours but more than 20 hours per week as identified in clause (iii): and (viii) other information required by the administering agency head to assist the agency head in assessing the impact of the tax credit program on the commonwealth and employment in the relevant industry and otherwise in meeting the goals of the relevant tax credit program. (2) Annually, not later than March 1, the administering agency head shall submit to the commissioner, on a form prescribed by the commissioner, copies of the taxpayer job statements required by paragraph (1), with the report required by subsection (a). The commissioner shall provide this information on a government internet website for public disclosure. OTHER 45 BUSINESS DEVELOPMENT TASK FORCE Ms. Fargo moved that the bill be amended in Section 3, by adding the following Section:- SECTION_______ “Section 1. There shall be a business development advisory task force called the “ task force”, consisting of the secretary of the executive office of housing and economic development or his designee who shall serve as chair, the secretary of the commonwealth or his designee, the director of the securities division of the secretary of the commonwealth or his designee, the chief of the business and labor division of the department of the attorney general or his designee, the commissioner of the department of revenue, or his designee, the director of the department of business development or his designee, a representative of the Associated Industries of Massachusetts, and 5 other members that shall be appointed by the governor, one of whom shall be a chief executive officer or chief financial officer of a Massachusetts corporation that is traded publicly, one of whom shall be an attorney licensed in Massachusetts, with not less than 10 years of experience in corporate law, one of whom shall be a representative from an organization or association serving Massachusetts licensed certified public accountants, one of whom shall be a representative from an organization or association serving Massachusetts small businesses, and one of whom shall be a certified public accountant who is licensed in Massachusetts and has not less than 10 years experience in corporate or business accounting. The governor shall in a like manner fill any vacancy for the unexpired period. The members shall serve without specific compensation. The task force shall study the laws of the commonwealth with respect to the legal requirements and policies for the creation, formation, structure and maintenance of business organizations. Such study shall include, the requirements and policies to incorporate foreign and domestic corporations and to create other business entities, the requirements to structure and maintain the legal status of such corporations and other business entities, state taxation of businesses, stockholder and ownership issues, governmental filing requirements and related fees and any other issues related to the formation and maintenance of such business entities. As part of such study, the task force shall review and compare the business laws and practices of other states that have the largest number of business incorporations, foreign corporations or other business entities that have located in such state. In addition, the task force shall review any judicial structure that was specifically established for business related litigation in such states. The task force shall make recommendations to the legislature for the enactment of laws to: promote and increase the formation of corporations and other business entities in the commonwealth; to promote and attract corporations or other businesses to establish a legal presence in Massachusetts; and to retain the legal presence of corporations and other business entities in Massachusetts. Upon completion of its study, the task force shall submit a written report of its recommendations to the senate and house committees on ways and means committees no later than April 1, 2010. The secretary of the executive office of housing and economic development shall provide meeting space, secretarial, clerical and such other services as he deems necessary to carry out the purposes of the task force. Said task force shall meet at least once a month until such report is submitted or the above listed date, whichever is first occurring.” ADOPTED RC #45 F [29 to 10] REDRAFT OTHER 46 SALES TAX Mr. Downing moved to amend the bill by inserting at the end thereof the following sections:- SECTION __. Section 2 of chapter 64H of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 3, the word “five” and inserting in place thereof the following:- 6.25 SECTION __. Section 4 of said chapter 64H is hereby amended by striking out section 4 and inserting in place thereof the following new section:- Section 4. For the purpose of adding and collecting the tax imposed by this chapter to be paid to the commonwealth or to be reimbursed to the seller by the purchaser, the tax computation must be carried to the third decimal place, and it must be rounded to a whole cent, rounding up to the next cent whenever the third decimal place is greater than 4. A seller may elect to compute the tax due on a transaction on an item or an invoice basis. SECTION __. Section 30A of said chapter 64H is hereby amended by striking out the word “five” each time it appears and inserting in place thereof the following figure in each instance:- 6.25. SECTION __. Section 2 of chapter 64I of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the word “five” and inserting in place thereof the following:- 6.25 SECTION __. Section 5 of said chapter 64I is hereby amended by striking out section 5 and inserting in place thereof the following new section:- Section 5. For the purpose of adding and collecting the tax imposed by this chapter to be paid to the commonwealth or to be reimbursed to the seller by the purchaser, the tax computation must be carried to the third decimal place, and it must be rounded to a whole cent, rounding up to the next cent whenever the third decimal place is greater than 4. A seller may elect to compute the tax due on a transaction on an item or an invoice basis. SECTION __. Section 31A of said chapter 64I is hereby amended by striking out the word “five” each time it appears and inserting in place thereof the following figure in each instance:- 6.25. SECTION __. In the case of retail sales of gas, steam, electricity, or telecommunications services, billed on a recurring basis, the rate stated in sections 1 and 4 shall apply as of the first billing period starting on or after the effective date. SECTION __. Chapter 29 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following new section:- Section 2ZZZ. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Transportation Investment Fund to be used to improve the transportation system in the commonwealth. The fund shall not be subject to appropriation, and money remaining in the fund shall not revert to the General Fund at the end of the fiscal year. The comptroller shall make monthly transfers from the General Fund to the Transportation Investment Fund totaling $275,000,000 in a fiscal year, according to a schedule developed annually by the comptroller in consultation with the secretary of administration and finance and the treasurer and receiver-general to minimize adverse impact on the Commonwealth’s cash flow. The comptroller shall only be authorized to make transfers from the Transportation Investment Fund to any surface transportation-related authority, or to any other fund used by the Commonwealth or any such authority for toll and fare mitigation and other transportation-related purposes, as provided in this paragraph. Annually, the secretary of transportation and public works and the secretary of administration and finance shall issue a written schedule for transfers from the fund to the comptroller and the house and senate chairs of the committees on ways and means at least thirty days in advance of the first proposed scheduled transfer. The secretary of transportation and public works and the secretary of administration and finance may amend the schedule upon thirty days advance notice to the comptroller and the house and senate chairs of the committees on ways and means. Any schedule issued under this paragraph shall satisfy the following constraints: No transfer shall be made to the Massachusetts Bay Transportation Authority or any fund controlled by said authority in a fiscal year unless an amount equal to at least 20% of that amount is also transferred to regional transit authorities organized under chapter 161B or predecessor statutes; Annually, the schedule issued under this paragraph shall provide to the Massachusetts Turnpike Authority or its successor in interest at least the difference between the net revenues budgeted by the Authority in advance of a fiscal year for the metropolitan highway system, without any toll increases, and the net revenues budgeted by the Authority to be necessary to enable the Authority to satisfy the minimum coverage ratio on the metropolitan highway system bonds; Notwithstanding clause (2), no transfer shall be made to the Massachusetts Turnpike Authority or its successor in interest or to funds controlled by said authority in the fiscal year in which said authority approves a toll increase on the metropolitan highway system, or the two following fiscal years; Transfers shall be scheduled to minimize adverse impact on the commonwealth’s cash flow. The final transfer to any transportation-related authority in a fiscal year shall be not later than two weeks before the end of that fiscal year. SECTION __. Section 16 of chapter 62C of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 62, the words “sixty-four H or sixty-four I” and inserting in place thereof the following words:- 64H, 64I or 64L. SECTION __. Section 31A of chapter 62C, as so appearing, is hereby amended by striking out, in line 5, the words “or section 17 of chapter 64I” and inserting in place thereof the following words:- section 17 of chapter 64I or section 8 of chapter 64L. SECTION __. Subsection (g) of section 6 of chapter 64H of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the word “sixty-four F” the following:- and sixty-four L. SECTION __. Subsection (h) of said section 6 of chapter 64H of the General Laws, as so appearing, is hereby amended by striking out the following sentence:- ““Food products” does not include meals consisting of any of the items defined as food products in this paragraph for consumption on or off the premises where sold.” SECTION __. Said subsection (h) of section 6 of chapter 64H, as so appearing, is hereby further amended by striking out the second through fifth paragraphs, inclusive. SECTION __. The General Laws are hereby amended by inserting after chapter 64K the following chapter:- CHAPTER 64L. EXCISE ON MEALS Section 1. As used in this chapter, the following words shall have the following meanings:- “Gross receipts”, the total sales price received by a vendor as a consideration for the sale of meals at a restaurant. “Honor snack tray”, a vending arrangement in which only candy or snacks are available in an open tray for the benefit of employees in an establishment that normally does not sell food or food products and for which payment is made on the honor system. “Meals”, a food or beverage, or both, prepared for human consumption and provided by a restaurant for consumption on or off the restaurant premises, including food or beverages sold on a "take out'' or "to go'' basis, whether or not they are packaged or wrapped and whether or not they are taken from the premises of the restaurant. “Purchaser”, a person who purchase meals at a restaurant, the receipts from the sale of which are taxable under this chapter and includes a buyer, vendee, lessee, licensee, or grantee. “Restaurant”, an eating establishment wherein food, food products or beverages are provided and for which a charge is made including, but not limited to, a cafe, lunch counter, private or social club, cocktail lounge, hotel dining room, catering business, tavern, diner, snack bar, dining room, vending machine and any other place or establishment wherein food or beverages are provided, whether stationary or mobile, temporary or permanent; provided, however, that a delicatessen, grocery, market or bakery store shall not be considered eating establishment within the meaning of this chapter except for any part thereof which engages in the sale of dinners, luncheons, barbecued chicken, other than barbecued chicken sold whole and unsliced, sandwiches, snacks, pizzas and other similar items which are commonly sold at snack bars, coffee shops or lunch counters; provided further, no such store shall be deemed a restaurant under this chapter based solely on the preparation and sale of prepared meat, poultry and fish items if the sales of such meat, poultry and fish items constitute less than a major portion of the total sales of such store; and provided further, that a vending machine or honor snack tray shall not be considered an eating establishment within the meaning of this chapter if it sells only snacks or candy with a sales price of less than $3.50; and provided further, that a bed and breakfast establishment or bed and breakfast home, as defined in chapter 64G, shall not be considered an eating establishment within the meaning of this chapter where the value of the breakfast served is included in the rent subject to tax under said chapter 64G. “Sale”, shall mean a sale of meals by a restaurant for any purpose other than resale in the regular course of business. “Vendor”, a retailer or other person selling tangible personal property or services of a kind the gross receipts from the retail sale of which are required to be included in the measure of the excise imposed by this chapter. Section 2. An excise is hereby imposed upon the sale of meals at a restaurant in the commonwealth by any vendor at the rate of 5 per cent of the gross receipts of the vendor from the sale of restaurant meals, except as otherwise provided in this chapter. The excise shall be paid to the commissioner at the time provided for filing the return required by section 16 of chapter 62C. Section 3. Reimbursement for the excise hereby imposed shall be paid by the purchaser to the vendor, and each vendor in the commonwealth shall add to the sales price and shall collect from the purchaser the full amount of the excise imposed by this chapter; or an amount equal as nearly as possible or practicable to the average equivalent thereof; and such excise shall be a debt from the purchaser to the vendor when so added to the sales price, and shall be recoverable at law in the same manner as other debts. Section 4. For the purpose of adding and collecting the excise imposed by this chapter to be paid to the commonwealth or to be reimbursed to the seller by the purchaser, the excise computation must be carried to the third decimal place, and it must be rounded to a whole cent, rounding up to the next cent whenever the third decimal place is greater than 4. A seller may elect to compute the excise due on a transaction on an item or an invoice basis. Section 5. Upon each sale of a meal by a restaurant taxable under this chapter, the amount of excise collected by the vendor from the purchaser shall be stated and charged separately from the sales price and shown separately on any record thereof at the time the sale is made, or on any evidence of sale issued or used by the vendor, but in the instance of the sale of alcoholic beverages for on premise consumption, the excise collected need not be stated separately. Section 6. (a) The following sales and the gross receipts there from shall be exempt from the tax imposed by this chapter:- (i) Sales exempt under subsection (cc) of section 6 of chapter 64H. (b) The following food or beverages sold by a restaurant for consumption off the restaurant premises shall not be deemed to be a meal for the purposes of this chapter:-- (i) Food sold by weight, liquid or dry measure, count, or in unopened original containers or packages, including, but not limited to, meat, bread, milk, specialty foods, cream and ice cream; provided, that such foods are commonly sold in such manner in a retail food store which is not a restaurant; (ii) Beverages in unopened original containers or packages when sold as a unit having a capacity of at least 26 fluid ounces; and (iii) Bakery products including but not limited to doughnuts, muffins, bagels, and similar items sold in units of six or more. Prepared meals, snacks, sandwiches, food platters, poultry, fish or meat items, or other food combinations, to the extent that such items are sold by a restaurant whose principal business is the preparation or sale of such items in such form as to be available for immediate consumption without further significant preparation, whether for on or off premise consumption, shall not be excluded under clause (i), (ii), or (iii). Section 7. No person shall do business in this commonwealth as a vendor unless a registration shall have been issued to him for each place of business in accordance with section 67 of chapter 62C. Section 8. Every person who fails to pay to the commissioner any sums required by this chapter shall be personally and individually liable therefor to the commonwealth. The term “person”, as used in this section, includes an officer or employee of a corporation, or a member or employee of a partnership or limited liability company, who as an officer, employee or member is under a duty to pay over the taxes imposed by this chapter. Section 9. Any vendor who has paid to the commissioner an excise under this chapter upon a sale for which credit is given to the purchaser and such account is later determined to be worthless shall be entitled to reimbursement without interest of the excise paid to the commissioner on such worthless account. Such claim for reimbursement, covering the amount of excise paid on accounts determined to be worthless in the vendor’s prior fiscal year, shall be filed on or before the due date, including extensions of the federal income tax return (or annual federal filing in the case of an exempt organization) for such prior fiscal year. Any vendor, who shall recover, in whole or in part, upon an account previously determined to be worthless for which reimbursement had been received, shall report and include the same in his return for the period during which the recovery occurred. And, in Section 2, in item 0321-1500 by striking the figure “$25,480,533” and inserting in place thereof the following:- “$28,645,024” And, in said Section 2, in item 0321-1510 by striking the figure “$122,100,783” and inserting in place thereof the following:- “$125,370,957” And, in said Section 2, in item 0321-1520 by striking the figure “$9,967,165” and inserting in place thereof the following:- “$13,532,500” And, in Section 2 in item 0321-1600 by striking the figure “$6,000,000” and inserting in place thereof the following:- “$8,000,000” And, in said Section 2 in item 0321-2205 by striking the figure “$933,737” and inserting in place thereof the following:- “$1,506,704” And, in said Section 2, in item 0330-0300 by striking the figure “$188,762,543” and inserting in place thereof the following:- “$196,762,543” And, in said Section 2, in item 0339-1001 by striking the figure “$151,331,833” and inserting in place thereof the following:- “$153,331,833” And, in said Section 2, in item 0511-0270 by striking the figure “$1,073,736” and inserting in place thereof the following:- “$2,073,736” And, in said Section 2, in item 0521-0000 by striking the figure “$2,264,031” and inserting in place thereof the following:- “$3,179,907” And, in said Section 2, in item 0526-0100 by striking the figure “$600,000” and inserting in place thereof the following:- “$750,000” And, in said Section 2, in item 0640-0300 by striking the figure “$5,392,945” and inserting in place thereof the following:- “$9,692,945” And, in said Section 2, in item 0940-0100 by striking the figure “$1,793,587” and inserting in place thereof the following:- “$2,293,587” And, in said Section 2, by striking out item 1108-5200 and inserting in place thereof the following item:- 1108-5200 For the commonwealth’s share of the group insurance premium and plan costs incurred in fiscal year 2010; provided, that notwithstanding any general or special law to the contrary, funds in this item shall not be available during the accounts-payable period of fiscal year 2010, and any unexpended balance in this item shall revert to the General Fund on June 30, 2010; provided, that the secretary of administration and finance shall charge the division of unemployment assistance and other departments, authorities, agencies and divisions which have federal or other funds allocated to them for this purpose for that portion of insurance premiums and plan costs as the secretary determines should be borne by such funds and shall notify the comptroller of the amounts to be transferred, after similar determination, from the several state or other funds and amounts received in payment of all such charges or such transfers shall be credited to the General Fund; provided further, that funds may be expended from this item for the commonwealth’s share of group insurance premium and plan costs provided to employees and retirees in prior fiscal years; provided further, that the group insurance commission shall report quarterly to the house and senate committees on ways and means the amounts expended from this item for prior year costs; provided further, that the group insurance commission shall obtain reimbursement for premium and administrative expenses from other agencies and authorities not funded by state appropriation; provided further, that the secretary of administration and finance may charge all agencies for the commonwealth’s share of the health insurance costs incurred on behalf of any employees of those agencies who are on leave of absence for a period of more than 1 year; provided further, that the amounts received in payment for the charges shall be credited to the General Fund; provided further, that notwithstanding section 26 of chapter 29 of the General Laws, the commission may negotiate, purchase and execute contracts before July 1 of each year for policies of group insurance as authorized by chapter 32A of the General Laws; provided further, that notwithstanding chapter 150E of the General Laws and as provided in section 8 of chapter 32A and for the purposes of section 14 of said chapter 32A, the commonwealth’s share of the group insurance premium for state employees who retired before July 1, 1994, shall be 90 per cent and the commonwealth’s share of the group insurance premium for state employees who retired on or after July 1, 1994, shall be 85 per cent; provided further, that the commonwealth’s share of the group insurance premium for active employees upon retirement shall be 85 per cent; provided further, that the commonwealth’s share of the group insurance premiums for active state employees and their dependants shall be 75 per cent; provided further, that the commission shall notify the house and senate committees on ways and means by March 15 of each year of the cost of the commonwealth’s projected share of group insurance premiums for the next fiscal year; and provided further, that the group insurance commission may pay premium and plan costs for municipal employees and retirees who are enrolled in the group insurance commission’s health plans pursuant to the commission’s regulations...................... $893,000,000 And, in said Section 2, in item 1120-4005 by striking the figure “$516,742” and inserting in place thereof the following:- “$866,742” And, in said Section 2, in item 1310-1000 by striking the figure “$1,459,270” and inserting in place thereof the following:- “$1,809,270” And, in said Section 2, in item 1410-0012 by striking the figure “$1,481,985” and inserting in place thereof the following:- “$1,738,686” And, in said Section 2, in item 1410-0250 by striking the figure “$2,000,000” and inserting in place thereof the following:- “$2,083,073” And, in said Section 2, in item 2010-0200, by striking the figure “$275,000” and inserting in place thereof the following figure:- “$475,000”; And, in said Section 2, in item 2260-8870, by striking the figure “$14,419,520” and inserting in place thereof the following figure:- “$15,419,520”; And, in said Section 2, in item 2511-0105, by striking the figure “$8,445,000” and inserting in place thereof the following figure:- “$12,000,000”; And, in said Section 2, in item 2820-0101, by striking the figure “$1,291,621” and inserting in place thereof the following figure:- “$1,541,621”; And, in said Section 2, in item 3000-5000 by striking the figure “$6,500,000” and inserting in place thereof the following:- “$8,000,000” And, in said Section 2, in item 3000-5075 by striking the figure “$4,000,000” and inserting in place thereof the following:- “$8,000,000” And in Section 2, by inserting after item 3000-6000 the following item: 3000-6075 For early childhood mental health consultation services in early education and care programs in the commonwealth; provided, that preference shall be given to those services designed to limit the number of expulsions and suspensions from these programs; and provided further, that eligible recipients for these grants shall include community partnership councils, municipal school districts, regional school districts, educational collaboratives, head start programs, licensed child care providers, child care resource and referral centers and other qualified entities $1,000,000 And, in said Section 2, in item 3000-7000 by striking the figure “$9,188,407” and inserting in place thereof the following:- “$11,188,407” And in Section 2, by inserting after item 3000-7000 the following item: 3000-7050 For grants to local entities to provide services to children from birth to school age and their parents including early literacy services............................................................... $3,000,000 And, in said Section 2, by inserting after item 4000-0050, the following items:- 4000-0112 For matching grants to boys’ and girls’ clubs, YMCA and YWCA organizations, nonprofit community centers, and youth development programs to be administered by the executive office of health and human services................................................................... $1,500,000 4000-0265 For a primary care workforce development and loan forgiveness grant program at community health centers, for the purpose of enhancing recruitment and retention of primary care physicians and other clinicians at community health centers throughout the Commonwealth; provided, that the grant shall be administered by the Massachusetts League of Community Health Centers in consultation with the secretary of the executive office of health and human services and relevant member agencies; provided further, that the funds shall be matched by other public and private funds; and provided further, that the League shall work with said secretary and said agencies to maximize all sources of public and private funds....................................... $850,000 And, in Section 2, in item 4000-0300, by striking out the words “provided further, that notwithstanding any general or special law the contrary, the executive office shall not include non-emergency dental services for adults or adult day habilitation services within MassHealth covered services for fiscal year 2010;”; And, in said Section 2, in item 4000-0500, by inserting after the words “expressly stated herein;” the following words:- “provider further, that funds may be expended from this item to enhance the ability of hospitals, community health centers, and primary care clinicians to serve populations in need more efficiently and effectively; and provided further, that the executive office shall maximize federal reimbursements for state expenditures made to these providers;” and further amends said item by striking the figure “$3,387,802,427” and inserting in place thereof the following:- “$3,470,718,878”; And, in said Section 2, in item 4000-0600, by striking the figure “$2,092,930,703” and inserting in place thereof the following:- “$2,142,253,485”; And, in said Section 2, in item 4000-0700, by inserting after the words “administration and finance;” the following words:- “provided further, that funds shall be expended from this item to enhance the ability of hospitals, community health centers, and primary care clinicians to serve populations in need more efficiently and effectively; provided further, that the executive office shall maximize federal reimbursements for state expenditures made to these providers;” and further amends said item by striking the figure “$1,555,687,856” and inserting in place thereof the following:- “$1,615,191,229”; And, in said Section 2, in item 4000-0950, by striking the figure “$43,495,650” and inserting in place thereof the following:- “$68,000,000”; And, in Section 2, in item 4110-0001 by striking the figure “$994,233” and inserting in place thereof the following:- “$1,014,054” And, in Section 2, in item 4110-3010 by striking the figure “$2,061,837” and inserting in place thereof the following:- “3,045,455” And, in Section 2, in item 4120-2000 by striking the figure “8,300,864” and inserting in place thereof the following:- “$10,599,024” And, in Section 2, in item 4120-4010 by striking the figure “$262,679” and inserting in place thereof the following:- “801,551” And, in said Section 2, in item 4400-1001 by striking the figure “$1,708,431” and inserting in place thereof the following:- “$2,408,431” And, in said Section 2, in item 4400-1100 by striking the figure “$53,607,404” and inserting in place thereof the following:- “$54,607,404” And, in said Section 2, in item 4408-1000 by striking the figure “$74,658,966” and inserting in place thereof the following:- “$84,658,966” And, in Section 2, after item 4510-0100, by inserting the following item:- 4510-0110 For community health center services......................................................... $1,000,000 And, in Section 2, after item 4510-0710, by inserting the following item:- 4510-0715 For the operation of a center for primary care recruitment and placement to improve access to primary care services; provided, that funds may be expended for primary care workforce development and loan forgiveness grant program...................................... $500,000 4510-0716 For the operation of an evidence-based outreach and education program designed to provide information and education on the therapeutic and cost-effective utilization of prescription drugs to physicians, pharmacists and other health care professionals authorized to prescribe and dispense prescription drugs....................................................................................... $250,000 And, in Section 2, in item 4512-0103 by striking the figure “34,371,702” and inserting in place thereof the following:- “35,335,527” And, in Section 2, in item 4512-0200 by inserting at the end:- “and provided further, that funds may be expended for programs that received funding in fiscal year 2009” and further amends said item by striking the figure “63,526,397” and inserting in place thereof the following:- “76,526,397” And, in Section 2, after item 4512-0200, by inserting the following 3 items:- 4512-0201 For substance abuse step-down recovery services, otherwise known as level B beds and services, and other critical recovery services with severely reduced capacity; provided, that no funds shall be expended in the AA object class............................................................. $4,800,000 4512-0202 For 2 pilot jail diversion programs primarily for nonviolent offenders with OxyContin or heroin addiction to be procured by the department of public health; provided, that each program shall have at least 60 beds and shall provide clinical assessment services to the respective courts, inpatient treatment for up to 90 days and ongoing case management services for up to one year; provided further, that individuals may be diverted to this or other programs by a district attorney in conjunction with the office of the commissioner of probation if: (a) there is reason to believe that the individual being diverted suffers from an addiction to OxyContin or heroin, or other substance use disorder; and (b) the diversion of an individual is clinically appropriate and consistent with established clinical and public safety criteria; provided further, that both programs shall be established in separate counties and a location deemed suitable by the department of public health; provided further, that the department of public health shall coordinate operations with county sheriffs, the district attorneys, the office of the commissioner of probation and the department of correction; provided further, that not more than $500,000 may be used to support the ongoing treatment needs of clients post 90 days for which there is no other payer; and provided further, that the department of public health shall provide an annual report to the joint committee on mental health and substance abuse and the house and senate committees on ways and means as to the outcomes of the program and the cost of operations $6,000,000 4512-0203 For family intervention and care management services programs, a pilot young adult treatment program, and early intervention services, for individuals who are dependent on or addicted to alcohol or controlled substances, or both alcohol and controlled substances. …$2,000,000 And, in Section 2, in item 4513-1002 by striking the figure “12,560,150” and inserting in place thereof the following;- “13,565,092” And, in Section 2, in item 4513-1020 by striking the figure “23,054,904” and inserting in place thereof the following:- “25,554,904” And, in Section 2, in item 4513-1026 by striking the figure “2,819,444” and inserting in place thereof the following:- “3,069,444” And, in Section 2, in item 4513-1130 by striking the figure “4,058,264” and inserting in place thereof the following:- “5,058,264” And, in Section 2, after item 4590-1503, by inserting the following item:- 4590-1506 For a competitive grant program to be administered by the department of public health to support the establishment of a comprehensive youth violence prevention program; provided, that eligibility shall be determined by the criteria set forth in item 4590-1506 of section 2 of Chapter 182 of the Acts of 2008; provided further, that no grants shall be awarded to law enforcement agencies; provided further, that funds shall be considered one-time and grants shall not annualize in fiscal year 2011; provided further, that administrative costs for successful grant applications shall not exceed 3 per cent of the value of the grant; provided further, that no grant funds shall be expended on food or beverages; provided further, that the department of public health shall report to the house and senate committees on ways and means and the executive office of administration and finance not later than November 1, 2009, detailing the grant amount awarded to each recipient and a description of each grant; and provided further, that each grant recipient shall provide the department of public health with a comprehensive list of best practices that have been instituted as a result of these grants............................................................................. $2,000,000 And, in said Section 2, in item 4800-0030 by striking the figure “$12,602,759” and inserting in place thereof the following:- “$14,102,759” And in item 4800-0038 by inserting at the end the following: “and provided further, that funds shall be expended on community based support and education programs helping low-income, female headed families break the cycle of poverty" and further amends said item by striking "301,484,364" and inserting in place thereof the following figure: "$303,204,549” And, in said Section 2, in item 4800-1400 by striking the figure “$20,827,410” and inserting in place thereof the following:- “$21,925,460” And, in Section 2, in item 5042-5000 by striking the figure “69,699,953” and inserting in place thereof the following:- “72,199,953” And, in Section 2, in item 5046-0000 by striking the figure “368,329,611” and inserting in place thereof the following:- “374,329,611” And, in Section 2, in item 5920-2025 by striking the figure “91,988,888” and inserting in place thereof the following:- “116,988,888” And, in Section 2, in item 5920-3000 by striking the figure “23,521,184” and inserting in place thereof the following:- “42,521,184” And, in Section 2, after item 5920-3010, by inserting the following item:- 5920-5000 For services to clients of the department who turn 22 years of age during state fiscal year 2010; provided further, that the department shall report to the house and senate committees on ways and means not later than January 2, 2009 on the use of any funds encumbered or expended from this item including, but not limited to, the number of clients served in each region and the types of services purchased in each region ........................................................... $5,000,000 And, in Section 2, in item 5930-1000 by striking the figure “164,355,936” and inserting in place thereof the following:- “166,355,936” And, in said Section 2, in item 7000-9401 by striking the figure “$12,341,160” and inserting in place thereof the following:- “$14,591,160” And, in said Section 2, by inserting before item 7002-0101 the following item:- 7002-0012 For a youth-at-risk program targeted at reducing juvenile delinquency in high risk areas of the commonwealth; provided, that these funds may be expended for the development and implementation of a year-round employment program for at-risk youth as well as existing year-round employment programs; provided further, that $500,000 of these funds shall be matched by private organizations; and provided further, that funds shall be available for expenditure through September 1, 2010................................................................................... $4,000,000 And, in said Section 2, in item 7003-0701, by striking the figure “$5,000,000” and inserting in place thereof the following figure:- “$10,000,000” And, in said Section 2, in item 7003-0803 by striking the figure “$4,694,467” and inserting in place thereof the following:- “$5,435,698” And, in said Section 2, in item 7004-0101, by striking the figure “$82,612,510” and inserting in place thereof the following figure:- “$91,605,510”; And, in said Section 2, in item 7004-0102, by striking the figure “$37,361,684” and inserting in place thereof the following figure:- “$37,481,684”; And, in said Section 2, in item 7004-9005, by striking the figure “$62,000,000” and inserting in place thereof the following figure:- “$65,300,000”; And, in said Section 2, in item 7004-9024, by striking the figure “$17,997,096” and inserting in place thereof the following figure:- “$27,997,096”; And, in said Section 2, in item 7004-9033, by striking the figure “$3,000,000” and inserting in place thereof the following figure:- “$4,000,000”; And, in said Section 2, in item 7004-9316, by striking the figure “$2,000,000” and inserting in place thereof the following figure:- “$5,000,000”; And, in said Section 2, by inserting after item 7007-0100 the following item:- 7007-0150 For equal grants to the eight regional economic development corporations, councils and partnerships across the commonwealth........................................................................... $800,000 And in said Section 2, in item 7007-0900 by striking out the word “and” after the words “advertising services;” And, in said Section 2, in item 7007-0900, by inserting after the words “capital funds” the following:- “provided further, that not less than $1,250,000 of the amount appropriated herein shall be expended for the operation and administration of the Massachusetts Sports and Entertainment Commission; provided, however, that the Massachusetts Sports and Entertainment Commission shall be the official and lead agency to facilitate and attract major sports events and championships in the commonwealth; and provided further, that the Massachusetts Sports and Entertainment Commission shall establish a division within the commission which shall be the official and lead agency to facilitate motion picture production and development within the commonwealth” And, in said Section 2, in item 7007-0900 by striking the figure “$6,483,636” and inserting in place thereof the following:- “$7,733,636” And, in said Section 2, in item 7007-0951 by striking the figure “$5,100,000” and inserting in place thereof the following:- “$6,100,000” And, in said Section 2, by inserting after item 7007-0951 the following item:- 7007-1000 For assistance to regional tourist councils under section 14 of chapter 23A of the General Laws; provided, that notwithstanding any general or special law or rule or regulation to the contrary, each of the councils may expend an amount not to exceed 20 per cent of the funds appropriated in this item for the cost of administrative services............................................. $6,000,000 And, in said Section 2, in item 7010-0033 by striking the figure “$3,475,489” and inserting in place thereof the following:- “$4,175,489” And, in said Section 2, by inserting after item 7061-0008 the following item:- 7061-0011 For a reserve to: (1) meet extraordinary increases in the minimum required local contribution of a municipality pursuant to the requirements of section 3 of this act; provided, that a municipality seeking funds hereunder shall apply for a waiver from the department of revenue pursuant to section 40 of this act; provided further, that the commissioner shall issue a finding concerning such waiver applications within 30 days of the receipt thereof, after consulting with the commissioner of elementary and secondary education regarding the merits of such application; (2) assist regional school districts which, prior to fiscal year 2010, have assessed member towns using the provisions of their regional agreement, and which, in fiscal year 2010, will assess member towns using the required contributions calculated pursuant to section 3; (3) assist towns impacted by stresses in the commercial agricultural, fishing or lobster industry whose required local contribution exceeds 75 per cent of their foundation budget; (4)assist towns negatively impacted by shortfalls in federal impact aid for the education of children in families employed by the federal government on military reservations located within the town's limits; provided, that any grants provided under this item shall be expended by a school committee without further appropriation; (5) assist regional school districts in rural areas which meet each of the following: (a) they have fewer than 30 full-time enrollment students per square mile; and (b) they have experienced more than 7 per cent enrollment decline between fiscal year 2004 and fiscal year 2009; provided further, that preference shall be given to those districts that have joined the group insurance commission before July 1, 2009; (6) meet extraordinary increases of greater than 10 per cent in a municipality’s total required contribution in municipalities whose target required local contribution exceeds 70 per cent of their foundation budget; provided, that not less than $500,000 shall be used for this purpose; (7) to assist towns in which in excess of one-third of the total land mass of the town is owned and controlled by the commonwealth and which receive payment in lieu of taxes on less than 25 per cent of said land; (8) assist operating districts in which the chapter 70 aid, so-called, distributed in fiscal year 2010 is less than the chapter 70 aid distributed in fiscal year 02; and (9) assist towns which host a campus of the University of Massachusetts, but which have a target aid percentage of only 17.5%; provided further, that any grants provided to school districts from this item shall be expended by a school committee without further appropriation; provided further, that the department shall make not less than 80 per cent of the awards from this item not later than October 14, 2009; and provided further, that no funds distributed from this item shall be considered prior year chapter 70 aid nor shall they be used in the calculation of the minimum required local contribution for fiscal year 2011….$3,500,000 And, in said Section 2, in item 7061-0012 by striking the figure “$105,113,160” and inserting in place thereof the following:- “$141,113,160” And, in said Section 2, in item 7061-9412 by striking the figure “$13,972,375” and inserting in place thereof the following:- “$15,672,375” And, in said Section 2, by inserting after item 7061-9611 the following item:- 7061-9612 For school of excellence programs at the Worcester Polytechnic Institute and the University of Massachusetts at Lowell….$1,300,000 And, in said Section 2, by inserting after item 7061-9612 the following item:- 7061-9614 For the alternative education grant program established pursuant to section 1N of chapter 69 of the General Laws; provided, that the commissioner shall allocate funds for both subsections (a) and (b) of said section 1N of said chapter 69; and provided further, that no funds shall be expended for personnel costs….$200,000 And, in said Section 2, in item 7061-9626 by striking the figure “$670,000” and inserting in place thereof the following:- “$1,500,000” And in Section 2, by inserting after item 7066-0015 the two following items: 7066-0019 For the department of higher education to make payments to public higher education institutions for the dual enrollment program allowing qualified high school students to take college courses; provided, that public higher education institutions may offer courses in high schools in addition to courses offered at the institutions or online if the number of students is sufficient $750,000 7066-0020 For the nursing and allied health workforce development initiative, to develop and support strategies that increase the number of public higher education faculty members and students who participate in programs that support careers in fields related to nursing and allied health; provided, that the amount appropriated in this item shall be transferred to the Nursing and Allied Health Workforce Development Trust Fund established by section 33 of chapter 305 of the acts of 2008; provided further, that funds shall be transferred to the Trust Fund according to an allotment schedule adopted by the executive office for administration and finance; and provided further, that the department of higher education shall provide monthly expenditure reports to the executive office of administration and finance and the house and senate committees on ways and means................................................................................................................. $1,000,000 And, in said Section 2, in item 7066-0025 by striking the figure “$84,024,779” and inserting in place thereof the following:- “$89,024,779” And, in said Section 2, in said item 8100-0000, by striking out the figure “$226,222,904” and inserting in place thereof the following:- “$231,222,904” And, in said Section 2, after item 8100-0101, by inserting the following item:- 8100-0111 For a grant program to be known as the “Senator Charles E. Shannon, Jr. Community Safety Initiative”, to be administered by the executive office of public safety and security, to support regional, multidisciplinary approaches to combat gang violence through coordinated programs for prevention and intervention, coordinated law enforcement, including regional gang task forces and regional crime mapping strategies, focused prosecutions and reintegration strategies for ex-convicts; provided, that the secretary of public safety and security shall distribute grant funds through a competitive grant program that gives preference to applications that: (a) demonstrate high levels of youth violence, gang problems and substance abuse in a region; (b) demonstrate a commitment to regional, multijurisdictional strategies to deal with such community safety issues, including written commitments for municipalities, law enforcement agencies, community-based organizations and government agencies to work together; (c) clearly outline a comprehensive plan for municipalities to work with law enforcement, community-based organizations and government agencies to address gang activity; (d) make a written commitment to match grant funds with a 25 per cent match provided by either municipal or private contributions; and (e) identify a local governmental unit to serve as fiscal agent; provided further, that clusters of municipalities, in partnership with nonprofit organizations and other agencies, including district attorney’s offices, may apply for such funds; provided further, that such funds shall be considered one-time and grants awarded to public agencies and shall not annualize into fiscal year 2010 or subsequent years; provided further, that administrative costs for successful grant applications shall not exceed 3 per cent of the value of the grant; provided further, that no grants shall be awarded to the department of state police; provided further, that no grant funds shall be expended on food or beverages; provided further, that the executive office of public safety and security shall publish guidelines and an application for the competitive portion of the grant program not later than August 15, 2009; provided further, that awards shall be made to applicants not later than December 15, 2009................................................................................................................. $6,500,000 And, in said Section 2, in said item 8400-0001, by striking out the figure “$41,400,708” and inserting in place thereof the following:- “$42,400,708” And, in said Section 2, by striking out item 8900-0001 and inserting in place thereof the following item:- 8900-0001 For the operation of the commonwealth’s department of correction; provided, that the department shall expend not less than $1,010,500 for cities and towns hosting facilities; provided further that before closing any correctional facility, the commissioner of corrections and the secretary of public safety and security shall report to the house and senate committees on ways and means and the joint committee on public safety on the per-inmate cost of incarceration in the closing facility, and the per-inmate cost in the facilities to which inmates will be moved; provided further, that in an effort to monitor and reduce current levels of over-classification, the department of correction shall provide quarterly reports to the joint committee on public safety and the house and senate committees on ways and means with data on the number of prisoners at each security level; and provided further, that the department may expend funds appropriated in this item for the administration of budgetary, procurement, fiscal, human resources, payroll and other administrative services of the parole board and the sex offender registry board… $526,173,015 And, in said Section 2, in item 9110-1455, by striking the figure “$30,000,000” and inserting in place thereof the following:- “$40,000,000”; And, in said Section 2, in item 9110-1555, by striking the figure “$177,694,425” and inserting in place thereof the following:- “$189,694,425”; And, in said Section 2, in item 9110-9002, by striking the figure “$7,463,424” and inserting in place thereof the following:- “$8,615,068”; And by striking out sections 16 and 17; And, in Section 74, by striking subsection (d) And, in Section 76, by striking the figure “$557,455,535” and inserting in place thereof the following:- “$567,955,535”; OTHER 47 WITHDRAWN OTHER 48 Four Day Work Week Mr. Tisei moves that the bill be amended by adding at the end thereof the following section:- “Notwithstanding any special or general law to the contrary the secretary of administration and finance shall select one agency or department, or a subset thereof to administer a pilot program utilizing a four-day extended hour work week. Said pilot program shall be administered for at minimum six-months and at the end thereof the secretary shall issue a report to the house and senate committees on ways and means detailing any savings from fixed cost reductions or any other savings, as well as impacts on personnel.” Rejected RC #42 C [9 to 30] Redraft OTHER 49 RELATIVE TO THE EXCISE TAX ON GASOLINE Ms. Creem moved that the bill be amended in Section X by adding the following new sections: SECTION __. Section 1 of Chapter 64A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking, in paragraph (l), the words “’Tax per gallon’, shall be 21 cents per gallon” and inserting in place thereof the following:- “Tax per gallon”, shall be thirty-two cents per gallon, provided however that beginning on July 1, 2011, and on the first of July each year thereafter, the tax per gallon shall be adjusted by the percent change in inflation as determined and certified by the commissioner as set forth in the following sentence and the resulting tax per gallon shall then be computed to the nearest tenth of a cent per gallon. On or prior to April 30, 2011, and each April 30 thereafter, the commissioner shall determine the inflation adjustment, if any, to be applied to the tax per gallon as determined for the prior year, as the percentage change, rounded to the nearest tenth of one percent, of the change in the average consumer price index for all consumers for Boston as determined by the Bureau of Labor Statistics of the United States Department of Labor for the most recent 12-month period ending prior to the rate determination month compared to the average consumer price index for the same 12-month period in the preceding year. SECTION __. Said chapter 64A, as most recently amended by section 4 of chapter 206 of the acts of 2008, is hereby further amended by striking out section 13 and inserting in place thereof the following section:- Section 13. All sums received from the excise imposed on aviation fuel, and related penalties, forfeitures, interest, costs of suits and fines, less all amounts for reimbursement under sections 7 and 7A, shall be credited to the Highway Fund, referred to in this section as the “Fund”, and may be used for airport development projects approved and carried out at airports and landing facilities under 49 U.S.C. App. § 2210; and all other sums received under the excise imposed in section 4, and relative penalties, forfeitures, interest, costs of suits and fines, less all amounts for reimbursement under said sections 7 and 7A, shall be credited as follows, according to the following distributions:- (a) For the first $0.21 per gallon collected:- (i) 99.85 percent shall be credited to the Fund to be used for transportation-related purposes; and (ii) 0.15 percent shall be credited to the Inland Fisheries and Game Fund, established by section 2C of chapter 131. (b) For the second $0.10 per gallon collected:- (i) $0.04 for the maintenance and operation of the assets owned by the Massachusetts turnpike authority on the effective date of this act, which amounts shall be distributed to the authority for so long as it shall continue to exist and thereafter shall remain in the Fund but shall be dedicated for such purposes; and (ii) $0.06 to the Massachusetts bay transportation authority; (c) For any remaining amounts collected, 100 percent shall be credited to the Fund to be used for transportation-related purposes OTHER 50 WITHDRAWN OTHER 51 WITHDRAWN REDRAFT OTHER 52 OXYCONTIN AND HEROIN COMMISSION Mr. Tolman moved that the bill be amended by inserting after Section 96 the following new Section: - “SECTION XX. Section 56 of Chapter 302 of the Acts of 2008 is hereby amended by striking out the following language:- “and 5 members to be appointed by the governor; 1 of whom shall be a representative from the bureau of substance abuse services; 1 of whom shall be a representative from the Massachusetts District Attorneys Association; 1 of whom shall be the chair of the department of psychiatry at the University of Massachusetts Medical School; 1 of whom shall be a representative from the trial court; and 1 of whom shall be a representative from the department of correction,” and by inserting in place thereof the following:- “and 8 members to be appointed by the governor; 1 of whom shall be a representative from the bureau of substance abuse services; 1 of whom shall be a representative from the Massachusetts District Attorneys Association; 1 of whom shall be the chair of the department of psychiatry at the University of Massachusetts Medical School; 1 of whom shall be a representative from the trial court; 1 of whom shall be a representative from the department of correction; 1 of whom shall be the executive director of the interagency council on substance abuse and prevention; 1 of whom shall be a representative from the office of community corrections and 1 of whom shall be a representative from the department of mental health.” And be amended further by striking out the text “January 1, 2009,”and inserting in place thereof the following: - “October 1, 2009.” OTHER 53 Restoring DSS Respite Funding Mr. Tisei moved to amend the bill in section two, in item 0411-1000, by striking the figure “$4,952,646” and insert in place there of figure “$3,952,646”; and further moved to amend section 2, in item 1100-1100, by striking the figure “$3,153,173“ and inserting in place thereof the figure”$3,059,102”; and further moved to amend section 2, in item in item 2000-0100, by striking the figure “$6,382,555“ and inserting in place thereof the figure “$6,032,555”; and further moved to amend section 2, in item 4100-0060 by striking the figure $17,449,078” and inserting in place thereof the figure “$12,836,110”; and further moved to amend section 2, in item 4510-0100, by striking the figure “$18,575,757” and inserting in place there of figure “$17,051,539”; and further moved to amend section 2, in item 5920-3000, by striking the figure “$23,521,184” and inserting in place thereof the figure “$38,613,923.; and further moved to amend the bill by striking item 7002-0100 in its entirety; and further moved to amend section 2, in item by striking 7009-6379 in its entirety; and further moved to amend section 2, in item 8950-0001, by striking the figure “$18,572,321” and inserting in place thereof the figure “$17,582,149”; and further moved to amend section 2, in item in item 9110-0100, by striking the figure “$2,404,526“ and inserting in place thereof the figure”$2,143,395”. OTHER 54 WITHDRAWNRejected RC #40 A [11 to 28] Redraft OTHER 55 Income Tax Ms. Chang-Díaz , Mr. Eldridge, Mr. McGee, Ms. Fargo, and Ms. Jelhen moved that the bill be amended by adding the following section: SECTION XX: Section 1. Chapter 62, Section 4(b) is hereby amended in line 11 by striking out the words “5.3 per cent” and inserting in place thereof: “5.95 per cent” and in line 12 by striking “2002” and inserting in place thereof: “2010”. Section 2. Said subsection is hereby further amended in line 16 by striking “2001” and inserting in place thereof: “2009”. REDRAFT OTHER 56 WAGE AND HIRING FREEZE Mr. Tisei moved that the bill be amended by inserting, after Section __, the following new Section: - “SECTION __. Notwithstanding any special or general law to the contrary no department or agency of the commonwealth may increase the compensation of any employee in excess of an employee’s compensation rate as of June 30, 2009. In addition, no department or agency may fill any vacancy, unless said vacancy is deemed critical to public safety, and a letter to such effect is transmitted to the secretary of administration and finance prior to the hiring of any new employee and said communication is returned with a signed approval by said secretary. This section shall expire on July 1, 2010.” FURTHER OTHER 56.1 WITHDRAWN OTHER 57 AUTOMOBILE SALES TAX EXEMPTION Mr. Tisei moved that the bill be amended by inserting, after Section __, the following new Section: - “SECTION __. Notwithstanding any special or general law to the contrary the excise levied on the sale of motor vehicles pursuant to section 25 of chapter 64H of the general laws shall be at the rate of three percent of the gross receipts for six-months from the date of the passage of this act.” Further OTHER 57.1 Further amending amendment 57 Mr. Downing moved that the bill be further amended in amendment 57 by adding the following new section:- “Notwithstanding any special or general law to the contrary, the provisions of this section shall not take effect until such time as the department of revenue has furnished a study of its impact on the state’s economy and revenue cost to the commonwealth and its cities and towns, including, but not limited to, a distributional analysis showing the impact on taxpayers of varying income levels, the current practice of other states, any anticipated change in employment and ancillary economic activity to the joint committee on revenue and until legislation has been filed and passed pursuant to Part 2, Chap. 1, Sec. 1, Art. II of the Constitution.” OTHER 58 MUNICIPAL FISCAL RESPONSIBILITY Mr. Tisei moved that the bill be amended in Section 3 by inserting after the first paragraph the following:- “Any city or town receiving funds from the distribution of the balance of the State Lottery Fund, pursuant said section 35 of chapter 10, shall not enter into any new collective bargaining agreements under chapter 150E of the General Laws, or into any new contracts with any other employee, that would provide an increase in compensation in the forms of wages or salaries for the fiscal year ending June 30, 2010. Any city or town receiving funds under this section that executes agreements or contracts with employees that include provisions for an increase in compensation for the fiscal year ending June 30, 2010 over that compensation in effect for the fiscal year ending June 30, 2009, shall have deducted from the its fourth quarterly payment received pursuant to said section 35 of chapter 10 for the fiscal year ending June 30, 2010, a total amount equal to the total increase in compensation under any executed agreements or contracts over that compensation paid in the previous fiscal year.” OTHER 59 PENSION LOOPHOLES Mr. Tisei moved that the bill be amended by inserting, after Section __, the following new Section: - “SECTION __. Section 10 of chapter 32 of the general laws is hereby repealed.” OTHER 60 SALES TAX HOLIDAY Mr. Tisei moved that the bill be amended by inserting, after Section __, the following new Section: - “SECTION __. Chapter 64H of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after section 6 the following section:- Section 6A. The commissioner shall, on July 15 of each year, designate a two-day weekend within the second week of August during which no excise shall be imposed upon non-business sales at retail in the commonwealth of tangible personal property, as defined in section 1 of this chapter. For the purposes of this section, tangible personal property shall not include telecommunications, tobacco products subject to the excise imposed by chapter 64C, gas, steam, electricity, motor vehicles, motorboats, meals, or any single item whose price is in excess of $2,500. On such weekend, no vendor in the commonwealth shall add to the sales price or collect from any non-business purchaser an excise upon sales at retail of tangible personal property. The commissioner shall not require any vendor to collect and pay excise upon sales at retail of tangible personal property purchased on the designated weekend, but any excise erroneously or improperly collected during these two days shall be remitted to the department of revenue. Any reporting requirements imposed upon vendors of tangible personal property, by law or by regulation, including, but not limited to, the requirements for filing returns required by chapter 62C, shall remain in effect for sales for the two designated days. On or before December 31 of each year, the commissioner shall certify to the comptroller the amount of sales tax revenue forgone due to the operation of this section. The commissioner shall issue a report, detailing by fund the amounts under general and special laws governing the distribution of revenues under chapter 64H which would have been deposited in each fund, notwithstanding this section. The commissioner shall issue any instructions or forms, or promulgate any rules or regulations, deemed necessary to carry out this section.” Further OTHER 60.1 Further amending amendment 60 Mr. Downing moved that the bill be further amended amendment 60 by striking the language and inserting in its place thereof:- "Section XX. The department of revenue is hereby authorized and directed to conduct a study to determine the impact on revenue that would otherwise be collected from the excise under 64H from the implementations of a yearly two-day weekend that would exempt non-business sales at retail in the commonwealth of tangible personal property." A copy of said study shall be submitted on or before December 1st of each year to the clerks of the house of representatives and the senate.” OTHER 203 ATV Title Amendment Mr. Michael M. Moore moved that the bill be amended by the addition of the following: Chapter 90B is hereby amended by adding a new section which shall require recreational vehicles as defined under Chapter 90B section 20 to pay a title fee of $25 to the Department of Environmental Law Enforcement. The Director of the Department shall be required to promulgate regulations relative to title requirements for recreational vehicles to go into effect within one year from the date of passage. Revenue from said title fees shall be retained by the Department of Environmental Law Enforcement for use by the Department. Of the revenue collected twenty-five percent shall be dedicated to the Department of Conservation and Recreation to be used for trail maintenance programs. REDRAFT OTHER 484 Substance Addiction Treatment Ms. Walsh moved that the bill be amended in Section new Section SECTION ____. Section 6 of chapter 64H of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 72, the words “and one hundred and thirty-eight.” OTHER 680 Umass Lowell Hurricane Modeling Center Mr. O'Leary moved that the bill be amended by adding at the end thereof the following new section: SECTION XX (a) There shall be a Center for Hurricane Research, hereinafter referred to as the center, at the University of Massachusetts at Lowell. The center shall employ such expert, clerical, or other assistants as the work of the center may require. For the purpose of carrying out its duties as set forth in this section the center may expend such funds as may be appropriated to the University of Massachusetts at Lowell. The cost of the establishment, maintenance, and operations of the center shall be borne by the private insurers and assessed by the Division of Insurance. (b) The center shall develop criteria for hurricane loss projection models and methodologies that are specific to Massachusetts and may from time to time adopt revisions to these criteria. In establishing the criteria, the center shall consider any models, model software, methods, principles, standards, data, inputs, manuals, validation studies and output ranges that have the potential for improving the accuracy of or reliability of the hurricane loss projections used in homeowners’ insurance rate filings. The criteria developed under this subsection shall be based on actual data on Massachusetts construction practices, codes, and buildings. Criteria developed by the center for this purpose shall be a public record. (c) Insurers filing rates for approval by the commissioner shall submit to the center all hurricane models, model software, methods, principles, standards, data, inputs, manuals, validation studies and output ranges relevant to the insurer’s hurricane loss projection model or methodology that is intended to be used during a rate proceeding on an insurer’s rate filing in advance of the rate proceeding. The center shall review the accuracy or reliability of particular models, model software, methods, principles, standards, data, inputs, manuals, validation studies and output ranges submitted to the center by insurers and shall make recommendations relative to the accuracy and reliability of the particular models, model software, methods, principles, standards, data, inputs, manuals, validation studies and output ranges submitted to the center by insurers using the criteria developed by the center under subsection (b). The center shall have discretion to review findings made by similar centers, commissions, or regulatory bodies and to focus on those aspects of the hurricane loss projection methodologies submitted to the center by insurers that are specific to Massachusetts. All models, model software, methods, principles, standards, data, inputs, manuals, validation studies and output ranges shall be submitted to the center for review within a reasonable period of time, as determined by the center, prior to being admitted as evidence during a rate proceeding before the commissioner of insurance. If any insurer fails to submit any item or items required by the center under this subsection, the commissioner shall direct the insurer to remove the hurricane loss projection from its filing. (d) There shall be a rebuttable presumption that the recommendations made by the center relative to the accuracy or reliability of particular models, model software, methods, principles, standards, data, inputs, manuals, validation studies and output ranges submitted to the center by insurers shall be considered by the commissioner to be relevant evidence in a rate proceeding on an insurer’s rate filing, provided, however that an exemption from the disclosure of trade secrets to the public may apply as set forth in subsection (e). (e) A trade secret used in designing and constructing a hurricane loss model or methodology, provided by an insurer to the center under subsection (c), is confidential and shall not be deemed a public record, as defined in clause Twenty-sixth of section 7 of chapter 4. The center shall maintain custody of any records made confidential by this paragraph using a secure location or website. That portion of a rate proceeding on an insurer’s rate filing at which a trade secret is discussed shall be deemed confidential and not open to disclosure under the open meetings law, but may be discussed at a closed meeting as provided for in section 11A ½ of chapter 30A. Employees, volunteers, and students of the center will be bound not to disclose information made confidential. (f) The center may form a multi-state center with the states of Rhode Island, Connecticut and any other interested state in furtherance of the goals of this section. OTHER 715 EFFICIENT ADMINISTRATION OF BOARDS OF REGISTRATION Ms. Fargo moved that the bill be amended in Section 3, by adding the following Section:- SECTION ____. “Section 1. Chapter 13 of the General Laws is hereby amended by inserting after section 9C the following section: Section 9D. Notwithstanding any other general or special law to the contrary, a board of registration and examination under the jurisdiction of the division of professional licensure may by regulation extend for an additional year, the initial term and renewal term of any professional or business license that such board is authorized to issue, subject to the provisions of this section, provided that no such initial or renewal term shall exceed a period of 3 years with the period so extended. A board of registration and examination of said division shall not extend the term of a license issued under that board’s jurisdiction, if such additional year period would pose a significant risk to the health, safety and welfare of public. The authority of a board to extend any license term by regulation under this provision shall be subject to the prior written approval of the director or executive officer of the department of consumer affairs and business regulation and with the advice and recommendation of the director of the division of professional licensure. In the event a board extends the term of a license under this paragraph, the fee for such term shall be adjusted by adding the pro-rated amount of the fee for a 1 year period based on the term and fee in effect immediately prior to such extension. Subject to the prior approval of said director or executive officer, a board shall be authorized to alter, by regulation, any continuing educational requirement for the renewal of a license, provided that any such change is adopted in conjunction with the extension of the renewal term of such license and the change will maintain the general level of standard of continuing education as previously required, for such renewal period as extended.” REDRAFT Other 716 Relative to Life Science Funding Mr. Montigny moves to amend the bill after section 2, by adding the following:- “Section xx. SECTION 13 of Chapter 130 of the Acts of 2008, is hereby amended by striking subsections (c), (d), and (e) from Section 5.” OTHER 717 WITHDRAWN OTHER 719 FEDERAL MEDICAID ASSISTANCE PRECENTAGE ESCROW FUND Ms. Chandler moved that the bill be amended by inserting, after Section _____, the following new Section: - SECTION X. Notwithstanding any general or special law to the contrary, the comptroller shall deposit fiscal relief funds generated by the increased federal Medicaid assistance percentage received from the federal government during fiscal years 2009, 2010, and 2011 pursuant to the American Recovery and Reinvestment Act of 2009, to the Federal Medicaid Assistance Percentage Escrow Fund, which shall be established and set up on the books of the commonwealth as a separate account and be subject to appropriation. Amounts credited to the Federal Medicaid Assistance Percentage Escrow Fund, shall be expended by the Executive Office of health and Human Services to fulfill the requirements of section 128 of Chapter 58 of the acts of 2006, to restore Medicaid payment reductions to health care providers made in fiscal year 2009, to prevent further payment reductions to health care providers in fiscal year 2010, and to restore and prevent further cuts to other state health care programs.” Back to the Top

Amendment Home

ADOPTED
Redraft OTHER 1

Municipal Relief 1

Messrs Rosenberg moved that the bill amended by inserting, after Section ___, the following new sections:-
SECTION ___. The first paragraph of section 2 of said chapter 64G, as so appearing, is hereby amended by striking out clause (b) and inserting in place thereof the following clause:-
(b) lodging accommodations, including dormitories, at religious, charitable, educational and philanthropic institutions; provided, however, that this exemption shall not apply to accommodations provided by any such institution at a hotel, motel, and other transient accommodations operated by the institution;

SECTION ___. Section 3A of said chapter 64G, as so appearing, is hereby amended by striking out, in line 5, the words “four per cent” and inserting in place thereof the following words:- 6 per cent.

SECTION ___. Section 3A of said chapter 64G, as so appearing, is hereby amended by striking out, in line 10, the words, “4.5 per cent” and inserting in place thereof the following words;- 6.5 percent.

SECTION __. Section 1 of chapter 64G of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the definition of “Occupant” the following definition:-

“Other transient accommodation”, a vacation or leisure accommodation including, but not limited to, an apartment, single or multiple family housing, a cottage, a condominium or a timeshare unit which is rented to an occupant for a period of 90 consecutive days or less regardless of whether such use is as a lessee, tenant, guest or licensee
SECTION__. Section 3A of said chapter 64G, as so appearing, is hereby amended by inserting at after the first paragraph the following new paragraph:-
Additionally, any city or town may choose to include other transient accommodations, as defined in section 1, as part of the room occupancy excise established pursuant to this section; provided, however, that said excise may only be applied to accommodations on parcels with two or more units.
SECTION __. Within 1 year after the effective date of this act, the commissioner of revenue shall promulgate regulations that provide for the implementation and collection of taxes due from operators of other transient accommodations, as defined in section 1 of chapter 64G of the General Laws, and shall prescribe forms for the payment of such taxes which may include entering into agreements with municipal governments to carry out the provisions of this section.
SECTION ___. Chapter 64L, as inserted by section __ of this act, is hereby amended by inserted after section 2 the following section:-

Section 2A. (a) Any city or town which accepts this section may impose a local sales tax upon the sale of restaurant meals originating within the city or town by any vendor at a rate of 2 per cent of the gross receipts of the vendor from the sale of restaurant meals. No excise shall be imposed if the sale is exempt under section 6 or section 6 of chapter 64H. The vendor shall pay the local sales tax imposed under this section to the commissioner at the same time and in the same manner as the sales tax due to the commonwealth. The commissioner may adopt, by rule or regulation, destination sourcing rules for caterers or other vendors with a high volume of delivered meals, as the commissioner may determine, in order to mitigate any anti-competitive impact of the local option meals tax.

(b) All sums received by the commissioner under paragraph (a) shall at least quarterly be distributed, credited and paid by the state treasurer upon certification of the commissioner to each city or town that has adopted paragraph (a) in proportion to the amount of the sums received from the sales of restaurant meals in that city or town. Any city or town seeking to dispute the commissioner’s calculation of its distribution under this paragraph must so notify the commissioner, in writing, no later than one year from the date the tax was distributed by the commissioner to the city or town.

(c) Paragraph (a) shall take effect only in a city or town that accepts it as provided in section 4 of chapter 4. The paragraph shall take effect on the first day of the calendar quarter following 30 days after this acceptance, or on the first day of a later calendar quarter that the city or town may designate.

(d) The commissioner may make available to cities and towns any information necessary for administration of the excise imposed by this section, including but not limited to a report of the amount of local option sales tax on restaurant meals collected in the preceding fiscal year in each city or town accepting paragraph (a) of this section, with identification of each individual vendor, notwithstanding any provisions in section 21 of chapter 62C to the contrary.

SECTION ___. Section 2A of chapter 64L of the General Laws shall take effect in a city or town 30 days after its acceptance and shall be implemented in that city or town on the first day of the calendar quarter next following its effective date or on the first day of a later calendar quarter if the city or town so designates; provided, however, that the tax under said section 2 of said chapter 64L shall not apply to any sales before September 1, 2009.

SECTION ___. Subsection (b) of section 21 of said chapter 62C, as amended by section 8 of chapter 205 of the acts of 2007, is hereby further amended by adding the following clause:-
(24) the disclosure of information necessary for administration of the local option tax imposed pursuant to section 3A of chapter 64G and chapter 64L.

SECTION ___. Notwithstanding any general or special law to the contrary, the division of local services in the department of revenue shall conduct a study on the ability of existing or former military facilities to levy local options taxes and their distribution to host cities and towns. Said study shall examine methods of equitably distributing revenues to host cities and towns, and shall provide recommendations on the manner of expeditiously and efficiently providing the opportunity for communities or facilities to adopt local option taxes.

SECTION __. Section 5 of chapter 59 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the word “than”, in line 220, the following words:- a telephone or telegraph corporation subject to tax under section 52A of chapter 63 or.

SECTION __. Said section 5 of said chapter 59, as so appearing, is hereby further amended by inserting after the words “two A”, in line 223, the following words:- , other than a telephone or telegraph corporation,.

SECTION ___. Clause fifth of section 18 of said chapter 59, as so appearing, is hereby amended by adding after the last sentence the following 2 sentences:-

Poles, underground conduits, wires and pipes of all telecommunications providers, laid in or erected upon public or private ways and property shall be assessed to their owners in the cities or towns where they are laid or erected. For purposes of this clause, telecommunications providers shall include all entities which provide any television service, internet service, telephone service, voice service, broadband service, video service, data service or any other form of telecommunication service.

SECTION ___. Section 2 of chapter 32B is hereby amended by inserting after subsection (j) the following new subsection:-
(k) “Health Reimbursement Account”, a federally-recognized tax-exempt health benefit program that allows an employer to reimburse qualified medical expenses paid by employees.

SECTION ___. Section 19 of chapter 32B of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after subsection 19(i) the following subsections:-
(j) Within 15 days of the effective date of this legislation, the secretary of administration and finance shall determine what percentage over the commission’s average total health plan cost per member of health insurance is acceptable for political subdivisions and their subscribers to be paying for health insurance. Said determination shall be subject to the approval of the general court; provided, that if the general court takes no final action within 15 days of said determination such percentage shall be deemed approved.
Every political subdivision that has undertaken to provide health insurance coverage to its subscribers and has not transferred its subscribers to the commission must conduct an analysis of whether the health insurance coverage it provides to subscribers is equivalent in total plan cost or less than the health insurance coverage offered by the commission to subscribers and utilizing as the benchmark the total health plan cost paid by the Commonwealth and its employees.
A report containing the results of this analysis must be provided to the secretary of administration and finance within 60 days of the effective date of this legislation, and by August 1 each third year thereafter.
To assist in the analysis, the commission shall submit to the secretary of administration and finance a determination of the average cost per subscriber of the insurance provided by the commission within 30 days of the effective date of this legislation, and by July 1 each third year thereafter. This figure shall be calculated based on the total health plan cost paid by the Commonwealth and its subscribers. This information shall be made available to every political subdivision.
A political subdivision not in compliance with the reporting requirements of this section will be penalized by the Commonwealth. The penalty will be in the form of reduced local aid payment for the subsequent fiscal year and each additional year until the political subdivision produces a report showing that the health insurance the political subdivision provides for its subscribers is not more than the percentage determined above over the cost per subscriber of the commission’s health insurance coverage. The amount of the penalty will be equal to the amount of cost savings that could be realized had the political subdivision transferred its subscribers to the commission, as determined by the Commonwealth.
(k) Any political subdivision that reports to the secretary of administration and finance that the health insurance coverage it provides to its subscribers is greater in cost than the health insurance coverage offered by the commission to its subscribers plus the percentage determined above must convene its appropriate authority and the public employee committee as established under the provisions of subsection (a) of section 19 of chapter 32B for the purpose of either accepting that section and transferring the political subdivision’s subscribers to the commission under subsection (e) of section 19, or to enter into contracts with health insurance carriers that would cost the same or less than the health insurance coverage offered by the commission.
Ninety days after the date of the report required by subsection 19(j) was due, if the appropriate authority of the political subdivision and the public employee committee have not reached an agreement that will provide for health insurance coverage to its subscribers that is within the cost determined by A&F and the appropriate authority of the political subdivision has not reached an agreement with the public employee committee to transfer its subscribers to the commission, then the health insurance coverage agreement between the political subdivision and the public employee committee will be subject to binding arbitration; unresolved issues shall be submitted to an arbiter selected by the parties under the rules of the American Arbitration Association.
The form of arbitration shall be last best offer, issue by issue. The arbiter shall have the power to administer oaths and to require by subpoena the attendance and testimony of witnesses, production of books, records, and other evidence relative to or pertinent to the issues. The cost of arbitration shall be shared equally by the appropriate public authority and the public employee committee, provided, however, if the decision is rejected by the legislative body, all arbitration costs shall be paid by the appropriate public authority. Any person acting as an arbiter pursuant to this section will not be required by an administrative, arbitration, or non-criminal judicial tribunal to disclose any files, records, documents, notes or other papers or be required to testify with regard to any information obtained while functioning as an arbiter pursuant to this section.
The arbiter shall reach his decision within 60 days. In reaching said decision, the arbiter shall consider the potential for cost savings, the impact of any changes in premiums and/or out-of-pocket expenses on subscribers, other health care coverage options, and the historical negotiations on benefits and salary including total compensation and all other evidence. The arbiter shall issue a decision on any issues not resolved by the parties, including, but not limited to; what health care coverage the political subdivision must provide to its subscribers, whether to transfer subscribers to the commission, what the premium contribution ratio will be, the political subdivision’s Medicare part B contributions; and whether health reimbursements must be provided to supplement health insurance coverage. If the arbiter does not require the political subdivision to transfer its subscribers to the commission, the arbiter must choose another health care coverage option so that the average cost of health care coverage the political subdivision provides to its subscribers would be equal to or less than the average plan cost of health care coverage offered by the commission to its subscriber plus the percentage determined above.
The judgment will be binding on both parties unless the judgment of the arbiter is rejected by the legislative branch of the municipality by a two-thirds vote. If the political subdivision rejects the judgment of the arbiter, the political subdivision must continue to offer the same health insurance coverage to its subscribers as it was providing at the time the public employee committee was convened.
In addition, if the political subdivision does not conform to the judgment of the arbiter, the political subdivision will be penalized by the Commonwealth. The penalty will be in the form of reduced local aid payment for the subsequent fiscal year and every additional year until the subdivision conforms. The amount of the penalty will be equal to the amount of cost savings that could be realized had the political subdivision transferred its subscribers to the commission, as determined by the Commonwealth.

SECTION ___. Chapter 32B is hereby amended by inserting after section 19 the following section: -
Section 20: Notwithstanding any other provisions of this chapter, a political subdivision which transfers its subscribers to the commission under subsection (e) of section 19 may provide health reimbursement accounts to reimburse subscribers who incur more than $1,000 in qualified medical expenses per calendar year. The health reimbursement accounts shall be subject to coalition bargaining.

SECTION ___. Employees of a governmental unit which accepts chapter 32B shall be eligible for benefits including health care spending accounts and dependent care assistance accounts as offered by the group insurance commission; provided that there shall be withheld from each payment of salary or wages of such employee the premium for such coverage and the commonwealth shall make no contribution to said premium. Regulations shall be promulgated providing for the implementation of this additional coverage.

SECTION ___. Section 16 of chapter 62C of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after subsection (k) the following subsection:–
(l) Every direct broadcast satellite service provider subject to taxation under section two of chapter sixty-four L shall on or before the twentieth day of each calendar month, file a return with the commissioner stating the gross revenues derived by the direct broadcast satellite service provider during such month from the provision of direct broadcast satellite service and such other information as the commissioner may deem necessary.
SECTION ___. Section 25 of chapter 62C of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:–
Every distributor, unclassified importer, unclassified exporter or purchaser referred to in section one of chapter sixty-four A, every stamper appointed under section thirty of chapter sixty-four C, every user-seller or supplier of special fuels, as defined in section one of chapter sixty-four E, every motor carrier required to be licensed under chapter sixty-four F, every operator required to register under chapter sixty-four G, every vendor required to register under chapter sixty-four H or sixty-four I, every user-seller or supplier of aircraft fuel, as defined in section one of chapter sixty-four J, every licensee referred to in section twenty-one of chapter one hundred and thirty-eight and every direct broadcast satellite service provider as defined in section one of chapter sixty-four L shall keep and preserve suitable records of taxable charges and such other books, papers, records, and data as the commissioner may require to determine the amount of the tax due under the provisions of those respective chapters.
SECTION ___ Section 37 of chapter 62C of the General Laws, as so appearing, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:–
If such person is an operator as defined in section one of chapter sixty-four G, a vendor as defined in section one of chapter sixty-four H or section one of chapter sixty-four I, or a direct broadcast satellite service provider as defined in section 1 of chapter sixty-four L who has collected such tax, no actual refund of money shall be made to such person until he establishes to the satisfaction of the commissioner, under such regulations as he may prescribe, that he has repaid to the purchaser the amount for which the application for refund is made.
SECTION ___. Section 66 of chapter 62C of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:–
The commissioner may require any person required to be licensed or registered by any provision of chapters sixty-four A to sixty-four C, inclusive, chapters sixty-four E to sixty-four J, inclusive, chapter sixty-four L, or subject to taxation under section twenty-one of chapter one hundred and thirty-eight, to file with him a bond, satisfactory to the commissioner, in such amount as the commissioner may determine, with a surety company authorized to transact business in the commonwealth as surety, to secure the payment of any tax, including any interest or penalty thereon, due or which may become due from such person under said chapters; provided, however, that the amount of such bond required from a vendor under chapter sixty-four H or sixty-four I shall not exceed the amount which the commissioner shall determine to be such vendor’s average tax liability for a six month period.
SECTION ___. Section 67 of chapter 62C of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:–
Each vendor, as defined in chapter sixty-four H or sixty-four I, and each operator as defined in chapter sixty-four G who desires to obtain a certificate of registration as required by those chapters, and each person who desires to obtain a license as a distributor, unclassified importer, or unclassified exporter, as defined in chapter sixty-four A, as a manufacturer, wholesaler, vending machine operator, unclassified acquirer, transportation company, or retailer, as defined in chapter sixty-four C, as a user-seller, supplier, or user of special fuels, as defined in chapter sixty-four E, or as a motor carrier, as defined in chapter sixty-four F, as a user-seller or supplier of aircraft fuel as defined in chapter sixty-four J or as a direct broadcast satellite service provider as defined in chapter sixty-four L shall file with the commissioner an application in such form as the commissioner prescribes, giving such information as the commissioner requires; provided, however, that in the instance of an application for a wholesaler’s license, as defined in chapter sixty-four C, the commissioner shall require, in addition to such other information as may be deemed necessary, the filing of affidavits from three licensed manufacturers, as defined in said chapter sixty-four C, stating that the manufacturer will supply the wholesaler if the applicant is granted a license.
SECTION ___. The General Laws are hereby amended by inserting after chapter 64K the following chapter:–
CHAPTER 64L
TAXATION OF DIRECT BROADCAST SATELLITE SERVICE
Section 1. As used in this chapter, the following words shall, unless the context otherwise requires, have the following meanings:–
“Commissioner”, the commissioner of revenue.
“Direct broadcast satellite service”, means the distribution or broadcasting of video programming or services by satellite directly to receiving equipment located at an end user subscriber’s or an end user customer’s premises, including but not limited to the provision of premium channels; the provision of music or other audio services or channels, and any other service received in connection with the provision of direct broadcast satellite service.
“Direct broadcast satellite service provider”, means any person that is transmitting, broadcasting, or otherwise providing direct broadcast satellite service to subscribers or customers in this commonwealth.
“Gross revenues”, means all consideration of any kind or nature received by any direct broadcast satellite service provider, or an affiliate of such person, in connection with the provision of direct broadcast satellite service to subscribers or customers, including recurring monthly charges for direct broadcast satellite service and pay-per-view, video-on-demand, and other event-based charges for direct broadcast satellite service. Gross revenues do not, however, include the following:
(1) Charges for the rental of equipment related to the provision of direct broadcast satellite service;
(2) Activation, installation, repair, and maintenance charges or similar service charges related to the provision of direct broadcast satellite service;
(3) Service order charges, service termination charges, or other administrative charges related to the provision of direct broadcast satellite service;
(4) Revenue not actually received, regardless of whether it is billed, including but not limited to, bad debts;
(5) Revenue received by an affiliate or any other person in exchange for supplying goods and services used by a direct broadcast satellite service provider;
(6) Refunds, rebates, or discounts made to subscribers or customers, to advertisers, or to other persons;
(7) Revenue from service other than direct broadcast satellite service, including:
(A) telecommunications service as defined in 47 U.S.C. section 153(46);
(B) information service as defined in 47 U.S.C. section 153(20); or
(C) any other service that is not a direct broadcast satellite service.
(8) Revenue from any service that is subject to tax under chapter 64H or 64I;
(9) The tax imposed by this chapter or any other tax of general applicability imposed on a direct broadcast satellite service provider, or a purchaser of direct broadcast satellite service, by a federal, state, or local governmental entity and required to be collected by a person and remitted to the taxing entity;
(10) Any foregone revenue from providing free or reduced cost direct broadcast satellite service to any person, including employees of the direct broadcast satellite service provider or any governmental entity as required or permitted by federal, state, or local law, except revenue foregone in exchange for the goods or services through a trade or barter arrangement;
(11) Revenue from the sale of capital assets or surplus equipment not used by the purchaser to receive direct broadcast satellite service from the direct broadcast satellite service provider;
(12) Reimbursements made by programmers to the direct broadcast satellite service provider for marketing costs incurred by the direct broadcast satellite service provider for the introduction of new programming that exceed the actual costs incurred by the direct broadcast satellite service provider;
(13) Late payment fees collected from customers, or
(14) Charges, other than those charges specifically described in the definition of “gross revenues” , that are aggregated or bundled with such specifically described charges on a subscriber or customer’s bill, if the direct broadcast satellite service provider can reasonably identify the charges in its books and records kept in the regular course of business.
“Person”, an individual, partnership, trust or association, with or without transferable shares, joint-stock company, corporation, society, club, organization, institution, estate, receiver, trustee, assignee, or referee, and any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of individuals acting as a unit.
“Subscriber or customer”, a member of the general public who receives direct broadcast satellite service from a direct broadcast satellite service provider and does not further distribute such service in the ordinary course of business.
“Video programming”, programming provided by, or comparable to programming provided by, a television broadcast station including but not limited to video programming provided by local networks, national broadcast networks and all forms of pay per view video entertainment.
Section 2. An excise is hereby imposed upon the provision of direct broadcast satellite service to a subscriber or customer in this commonwealth by any direct broadcast satellite service provider in an amount equal to five percent of the direct broadcast satellite service provider’s gross revenues. A direct broadcast satellite service provider shall pay the excise to the commissioner at the time provided for filing the return required by section sixteen of chapter sixty-two C.
Section 3. Reimbursement for the excise hereby imposed shall be paid by the subscriber or customer to the direct broadcast satellite service provider, and each direct broadcast satellite service provider providing direct broadcast satellite service to subscribers or customers in this commonwealth shall collect from such subscriber or customer the full amount of the excise imposed by this chapter with respect to gross revenues derived from or attributable to such customer or subscriber and such excise shall be a debt from the subscriber or customer to the direct broadcast satellite service provider, when so added to the subscriber or customer’s invoice for video programming service, and shall be recoverable at law in the same manner as other debts.

Section 4. No person shall do business in this commonwealth as a direct broadcast satellite service provider unless a registration shall have been issued to him in accordance with section sixty-seven of chapter sixty-two C.
Section 5. Every direct broadcast satellite service provider who fails to pay to the commissioner any sums required to be paid by this chapter shall be personally and individually liable there for to the commonwealth. The term “direct broadcast satellite service provider”, as used in this section, includes an officer or employee of a corporation or other business entity, or a member or employee of a partnership, who as such officer, employee or member is under duty to pay over the taxes imposed by this chapter.
Section 6. Any person not a resident of the commonwealth who engages in the business of providing direct broadcast satellite service to subscribers or customers in this commonwealth shall, as a condition precedent to engaging in such business and by so engaging in such business, be deemed thereby to appoint the secretary of the commonwealth his agent for the service of process in any judicial proceeding under this chapter. Such process shall be served by leaving a copy of the process in the hands of the secretary of the commonwealth or a deputy or in the office of said secretary. Such service shall be sufficient service upon the person; provided, that notice of such service and a copy of the process is, at least fifteen days before the return day of such process, sent by registered mail to such person’s last known address, and that the sender’s registered mail receipt and the commissioner’s affidavit of compliance with this section are appended to the process and filed in the action or proceeding on or before the return day of the process or within such further time as the court may allow. The court in which the action or proceeding is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action. Service of process in the foregoing manner shall be of the same force and validity as if served upon the taxpayer personally within the commonwealth.
SECTION ___. Notwithstanding the provisions of section twenty-two of chapter five hundred and forty-six of the acts of nineteen hundred and sixty-nine, the additional tax imposed by such section shall not apply to any tax imposed by section 2 of chapter sixty-four L of the General Laws.
SECTION ___. This chapter shall take effect on July 1, 2009, and shall apply to gross revenues derived by a direct broadcast satellite service provider that are billed to subscribers or customers on or after that date.
SECTION __. For the purposes of section 145 of this act, the following definitions shall apply:-
"governmental body" shall be defined as any city, town, county, water district, wastewater district, authority or state agency located within the commonwealth; provided further that the term “governmental body” shall not mean the Massachusetts Water Resources Authority (MWRA).
“water storage facility” shall be defined as any above or below ground facility or tank, standpipe, water tower or any other building or structure used to store water for public drinking water supply, fire-protection or any other purpose.

SECTION __. Chapter 40 of the General Laws is hereby amended by adding the following eleven sections:

Section 60. Notwithstanding any general or special law to the contrary, a governmental body may in accordance with the provisions of this chapter, enter into a contract for the inspection, maintenance, repair, modification or any combination thereof, necessary for water storage facilities to ensure adequate services and to ensure the ability of water storage facilities to operate in full compliance with all applicable requirements of federal, state and local law. Said contract shall be awarded pursuant to the provisions of chapter thirty B except for paragraph (3) of subsection (b),paragraph (3) of subsection (e), subsection (g) of section six and sections thirteen and sixteen.
The request for proposals for such contract shall specify the method for comparing proposals to determine the proposal offering the most advantageous proposal to a governmental body including, but not limited to, all capital financing, operating and maintenance costs, warranty requirements, indemnity and security, experience, and technical competence. If a contract is awarded to an offeror who submitted the most advantageous proposal, but who did not offer the lowest overall cost, the governmental body shall explain the reason for the award in writing.

Section 61. (a) Notwithstanding the provisions of any general or special law to the contrary, a contract or contracts awarded pursuant to section sixty may provide for a term, not exceeding twenty years, and an option for renewal or extension of inspection, , maintenance repair or modification services for one additional term not exceeding ten years in accordance with the terms of the original contract. A contract entered into pursuant to section sixty to seventy-one, inclusive, may provide that the governmental body shall not be exempt from liability for payment of the costs to inspect, maintain, repair or, modify or install new equipment and systems at any water storage facilities necessary to ensure the ability of said facilities, to operate in full compliance with all applicable requirements of federal, state and local law, provided that such costs shall be amortized over a period that is no longer than the useful life of said modifications, equipment and systems. A governmental body's payment obligation for all inspection, maintenance repair or modification services shall be conditioned on the contractor's performance of said services in accordance with all contractual terms.
(b) Any contract entered into pursuant to sections sixty to seventy-one, inclusive, may provide for such activities deemed necessary to carry out the purposes authorized herein, including, but not limited to, financing, equipment installation and replacement, studies, permitting, design and engineering work, construction work, ordinary repairs and maintenance, and the furnishing of all related material, supplies and services required for the water storage facilities and the management, construction, maintenance and repair of and improvements to said facilities.

Section 62. The chief procurement officer of a governmental body shall solicit proposals through a request for proposals which shall include those items in paragraphs (1) and (2) of subsection (b) of section six of chapter thirty B and proposed key contractual terms and conditions to be incorporated into the contract, some of which may be deemed mandatory or non-negotiable; provided, however, that the request for proposals may request proposals or offer options for fulfillment of other contractual terms, and such other matters as may be determined by the governmental body.

Section 63. The chief procurement officer of a governmental body shall make a preliminary determination of the most advantageous proposal from a responsible and responsive offeror taking into consideration price, estimated life-cycle costs, allocation of risks and responsibilities and other evaluation criteria set forth in the request for proposal. The chief procurement officer may negotiate all terms of the contract not deemed mandatory or non-negotiable with such offeror. If, after negotiation with such offeror, the chief procurement officer determines that it is in the governmental body's best interests to terminate negotiations with said offeror, the chief procurement officer shall notify said offeror in writing that negotiations are terminated and shall enter into negotiations with the next most advantageous proposal from a responsible and responsive offeror taking into consideration price, estimated life cycle costs, allocation of risks and responsibilities and other evaluation criteria set forth in the request for proposals, and may negotiate all terms of the contract not deemed mandatory or non-negotiable with such offeror. The chief procurement officer shall award the contract to the most advantageous proposal from a responsible and responsive offeror taking into consideration price, estimated life cycle costs, allocations of risks and responsibilities and other evaluation criteria set forth in the request for proposal and the terms of the negotiated contract. Subject to the approval of the governmental body, the chief procurement officer shall award the contract by written notice to the selected offeror within the time for acceptance specified in the request for proposals. Such award shall be subject to this section and sections sixty to sixty-two and sections sixty-four to seventy-one, inclusive. The parties may extend the time for acceptance by mutual agreement.

Section 64. Reserved.

Section 65. Subject to the provisions of this section and section sixty to sixty-four and sections sixty-six to seventy-one inclusive, any contract awarded pursuant thereto shall be subject to such terms and conditions as the governmental city or town shall determine to be in the best interests of said governmental body.
Section 66. Notwithstanding the provisions of any general or special law or regulation to the contrary, the Department of Environmental Protection may issue project approval certificates with respect to the contract procured by a governmental body for water storage facilities. Any design and construction services included in such contract and any design and construction services procured in accordance with the provisions of this act shall not be precluded from eligibility for assistance under the Massachusetts Water Pollution Abatement Trust established by section two of the General Laws chapter twenty-nine C.

Section 67. The provisions of any general or special law or special act or regulation relating to the advertising, bidding or award of contracts, the procurement of services or to the construction and design of improvements, shall not be applicable to any selected offeror which is awarded a contract pursuant to sections sixty to seventy-one, inclusive, except as provided in this section, provided further, however, that the provisions of sections twenty-six to twenty-seven F, inclusive, and section twenty-nine of chapter one hundred forty-nine shall apply.

Section 68. An action, suit or proceeding contesting the validity or enforceability of a contract or contracts awarded pursuant to this act, or the compliance by a governmental body with the procedures relating to such award, shall be commenced within thirty days after publication of notice of such award by the chief procurement officer in a newspaper of general circulation according to the location of the government body.
Section 69.Reserved.

Section 70. It shall be a mandatory requirement that no less than ninety days prior to the commencement of any procurement process undertaken pursuant to the provisions of sections sixty-one to seventy-one for the design, construction, inspection, maintenance, , or modification for work on the water storage facilities, that the governmental body shall make public notification of said process by the following means:
1. Publish an appropriate notice in the Central Register, published by the Secretary of State.

SECTION ____. Section 2 is hereby amended by inserting after item 1599-3856 the following two items:-

1599-6425 For a reserve to support municipal regionalization efforts in the commonwealth; provided, that this item shall be used to provide grants and technical assistance to districts and municipalities, including councils on government, counties, and regional planning authorities that are applying on behalf of two or more municipal entities, in the areas of planning, feasibility, transitional costs, and related subject areas to promote cost effective and efficient delivery of local services by regionalization of services including, but not limited to, equipment, hardware, facilities, staff, and operations; provided further, that the secretary of administration and finance shall promulgate regulations to implement this item not later than September 1, 2009; and provided further, that grants and technical assistance may only be provided to support regionalization of services that results in cost savings.................................................. $2,000,000

1599-7286 For a reserve to provide grants to municipalities with limited capacity to benefit from section 2A of chapter 64L of the General Laws; provided, that only cities and towns that have fewer than 3 restaurants shall be eligible for grants from this item; provided further, that grants to cities and towns under this item shall be distributed under a formula to be promulgated by regulation by the division of local services in the department of revenue; provided further, that the formula shall limit the size of grants to be distributed to cities or towns with one or two restaurants to the amount that city or town could generate if it adopted section 2A of chapter 64L; provided further, that the formula shall ensure that grant amounts will not exceed the revenue derived by a similarly situated city or town that takes a vote under section 2A of chapter 64L; provided further, that the division shall promulgate regulations not later than September 1, 2009 to implement this item; and provided further, that such regulations shall include a determination as to whether or not to all communities with populations over 5,000 will be eligible to participate in this program.................................................. $500,000

Rejected
RC #46 G [6 to 33]
REDRAFT OTHER 1.1

MEALS TAX

Mr. Tisei moves that amendment 1 be further amended by striking paragraphs 11 through 16 with the words “SECTION __. Within 1 year after the effective date of this act, the commissioner of revenue shall promulgate regulations that provide for the implementation and collection of taxes due from operators of other transient accommodations, as defined in section 1 of chapter 64G of the General Laws, and shall prescribe forms for the payment of such taxes which may include entering into agreements with municipal governments to carry out the provisions of this section.
SECTION ___. Chapter 64L, as inserted by section __ of this act, is hereby amended by inserted after section 2 the following section:-

SECTION ___. Subsection (b) of section 21 of said chapter 62C, as amended by section 8 of chapter 205 of the acts of 2007, is hereby further amended by adding the following clause:-

(24) the disclosure of information necessary for administration of the local option tax imposed pursuant to section 3A of chapter 64G and chapter 64L.”

REDRAFT OTHER 1.2

WITHDRAWN

OTHER 1.3

WITHDRAWN

Rejected
RC #47 H [6 to 33]
OTHER 1.4

TAX TRUE LOCAL OPTION

Mr. Tisei moves that amendment 1 be further amended by inserting at the end thereof the following section:-
“SECTION _. Any local option taxes approved pursuant to section four of chapter four must also be approved by a majority of voters at a town election.”

Rejected
RC #48 I [5 to 34]
OTHER 1.5

HOTEL TAX

Mr. Tisei moves that amendment no. 1 be further amended by striking the words “SECTION ___. The first paragraph of section 2 of said chapter 64G, as so appearing, is hereby amended by striking out clause (b) and inserting in place thereof the following clause:-
(b) lodging accommodations, including dormitories, at religious, charitable, educational and philanthropic institutions; provided, however, that this exemption shall not apply to accommodations provided by any such institution at a hotel, motel, and other transient accommodations operated by the institution;

OTHER 2

WITHDRAWN

OTHER 3

Made in MA Sales Tax Rebate

Mr. Brown moved that the bill amended by inserting after Section 90 the following new Section:-

SECTION XX. Chapter 64H of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after section 6 the following section:-

Section 6A. (a) A vendor shall rebate to a purchaser, at the time of sale, a portion of the excise imposed by this chapter in the amount equal to 2.25 percent of the gross receipts of the vendor for sales at retail of tangible personal property that have labeled as all or virtually all manufactured in the Commonwealth of Massachusetts in accordance with U.S.C. 15 § 45a.

(b) Except as provided in paragraph (c) of Section 3of this chapter, the rebate shall be paid by the vendor to the purchaser and each vendor in the commonwealth shall subtract the rebate from the full amount of the tax imposed by this chapter and shall collect from the purchaser the remaining amount of tax or an amount equal as nearly as possible or practicable to the average equivalent thereof.

(c) Upon each sale of tangible personal property eligible for the rebate under this section, the amount of the rebate collected by the purchaser from the vendor shall be stated and charged separately from the sales price and sales tax and shown separately on any record thereof at the time the sale is made or on any evidence of sale issued or used by the vendor; provided, however, that in the instance of the sale of alcoholic beverages for on premise consumption, the tax collected need not be stated separately.

REDRAFT OTHER 4

PURCHASES SAVINGS

Ms. Menard, Brewer, Timilty and Tisei moved that the bill be amended in Section X;

“Notwithstanding the provisions of any general or special law to the contrary any purchasing authority who purchases on behalf of the Commonwealth, any of its subdivisions or authorities, or any of its municipalities, may, as a result of the present depressed economic climate, renew or renegotiate any contract with any vendor who presently possesses a valid binding contract with said governmental entity, if the vendor is willing to renew such contract at or below the pricing terms of the present contract, for a period not to exceed three years. Any other purchasing authority on behalf of the Commonwealth, any of its subdivisions or authorities, or any of its municipalities, may also take advantage of this cost saving program by being able to purchase from those vendors who presently possess contracts for the same or similar services, with the before mentioned governmental entities, at or below the same contract terms as is presently in effect for a period not to exceed three years.

All purchasing agents on behalf of the Commonwealth, any of its subdivisions or authorities, or any of its municipalities are directed to make capital investments that result in the greatest benefits with the least cost, and to institute a program of routine and scheduled maintenance on any and all of its equipment, facilities, and/or any service expansion, if such action is more cost effective, or produces quantifiable savings, than investing in new capital investments. Prior to investing in capital expenditures each of the purchasing authorities referred to above shall produce an analysis which demonstrates the cost effectiveness of capital investment versus maintenance.
For the purpose of facilitating the cost savings benefit of this section for any purchasing authority who wishes to participate in this program the Operational Services Division shall issue a temporary statewide contract number to any vendor who presently holds a contract with the Commonwealth, any of its subdivisions or authorities, or any of its municipalities commencing on July 1, 2009.

Nothing contained herein shall allow any otherwise valid contract of any of the parties referred to herein to be terminated prior to any cancellation of that contract by its terms, unless agreed to by the parties therein.

This section shall expire on June 30, 2012.

OTHER 5

ASIAN LONGHORNED BEETLE STUDY

Ms. Chandler moved that the bill amended by inserting, after Section _____, the following new Section: -

“Section X. An environmental study shall be conducted by the Department of Conservation and Recreation in the City of Worcester and in other Worcester County towns to determine the long-term effects due to the eradication process for the permanent removal of the Asian Longhorned Beetle. The area of study shall include the City of Worcester and the towns of West Boylston, Boylston, Holden and Shrewsbury. The study shall determine the impact on the immediate environment. Included in the study shall be the replacement of a natural barrier, the restoration of indigenous wildlife, the cost of such remediation and long-term planning and solutions. The Department of Conservation and Recreation shall report its findings to the Clerk of the House of Representatives and the Clerk of the Senate by December 31, 2009.”

OTHER 6

HISTORIC TAX CREDITS

Messrs Chandler, Michael O. Moore, Downing and Knapik moved that the bill be amended by inserting after Section ______, the following new Section: -

“SECTION ____. Section 6J of chapter 62 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after subsection (c)(2) the following:-

(3) Nothing in this section shall prevent a completed or certified project that has been placed into service from remaining eligible for further historic rehabilitation tax credit allocations; provided that the completed projected has not received previous allocations that exceed 20 percent of the qualified rehabilitation expenditures; provided further, that notwithstanding any general or special law, rule or regulation to the contrary, projects that received final certification prior to January 1, 2009, which were subsequently deemed ineligible for a historic rehabilitation tax credit allocation shall be issued said credits forthwith.

Section 38R of chapter 63, as so appearing, is hereby amended by inserting after (c)(2) the following:-

OTHER 7

PAUL X. TIVNAN DRIVE

Ms. Chandler moved that the bill amended by inserting after Section ______, the following new Section: -

Section XX. Notwithstanding any general or special law to the contrary, fee interest in and parcel to Paul X. Tivnan Drive, located in the Towns of Boylston and West Boylston, is hereby transferred from the towns to the Commonwealth.

OTHER 8

WITHDRAWN

OTHER 9

Centers for Excellence

Mr. Richard T. Moore moved that the bill be amended inserting, after Section ___, the following new Sections:-

SECTION __. Notwithstanding any general or special law to the contrary, the secretary of health and human services, in consultation with the health care quality and cost council, shall study the feasibility of developing a consolidated center of excellence focused on technology, performance measurement and quality improvement. The study shall include an examination of existing centers for quality, including the health care quality and cost council, the Betsy Lehman Center, and the Massachusetts Health Quality Partners, as well as potential opportunities to increase efficiency and avoid duplication of efforts. The secretary shall file a report with the results of the study together with legislation, if any, with the clerk of the senate and the clerk of the house of representatives on or before December 1, 2010.

OTHER 10

State Government Accountability, Economy, and Efficiency

Mr. Richard T. Moore moved that the bill be amended by inserting, after Section ___, the following new Sections:-

SECTION __. There is hereby established a special commission to investigate and study methods of improving the accountability, economy, and efficiency of the government of the Commonwealth and the operation of its agencies, departments and instrumentalities, hereinafter referred to as “the commission.”

The purpose of the commission shall be to make recommendations to the Governor and the General Court to promote economy, efficiency, and improved service in the transaction of the public business in the various departments, agencies and instrumentalities in the executive, legislative and judicial branches of state government, and in making the operation of all state departments, agencies, and instrumentalities, and all expenditures of public funds, more directly responsive to the needs of the Commonwealth, by any or all of the following means:

By adopting methods and procedures for reducing expenditures to the lowest amount consistent with the efficient performance of essential services, activities, and functions;
By eliminating duplication of overlapping services, activities, and functions, and time-consuming or wasteful practices;
By consolidating services, activities, and functions of a similar nature;
By abolishing services, activities, and functions not necessary to the efficient conduct of state government;
By the elimination of unnecessary state departments and agencies, the creation of necessary new state departments and agencies, the reorganization of existing state departments and agencies, and the transfer of functions and responsibilities among state departments and agencies;
By defining or redefining duties and responsibilities of state officers;
By revising present provisions for continuing or permanent appropriations of state funds or bond authorizations, for whatever purpose, by eliminating any such existing provisions and by adopting new provisions;
By establishing means for performance measurement and methods of reporting such measurement;
Reorganizing all aspects of state career public service including, but not limited to, methods of recruitment and retention of state employees; training and re-training of state employees; job classification, salaries and benefits of state employees; discipline and termination of state employees; clarifying the responsibilities and functions that are best served by regular state employees and those best served by contract employees; and encouraging and facilitating opportunities for private sector and non-profit sector employees to work in state government for limited periods of time;
By analyzing and evaluating all state contracts with private vendors for the purpose of confirming that all contracted approaches to the delivery of goods and services are accountable, economical, and efficient;
To review state requirements for contracting for goods and services and for the retention of professional services to determine the most effective means of determining the most qualified vendor, including but not limited to, a review of a method by which state agencies, authorities, boards and commissions retain legal counsel, accounting, architectural and engineering services.

The commission shall be comprised of the following members, each of whom shall serve at the pleasure of the appointing authority:

Thirteen members, seven of whom shall be appointed by the Governor, three by the President of the Senate, and three by the Speaker of the House. Not more than seven of such members shall be registered voters in the same political party, and none shall hold public office in the executive or legislative branches of the state government. Leading Massachusetts residents in the fields of business and government management, accounting, labor relations, finance, and human relations including, but not limited to, deans of schools of business, public administration and other scholars who would be ideal candidates for these appointments;
Five members of the Massachusetts Senate who shall be the Senate Chair of Ways and Means, the Senate Chair of the Committee on Revenue, the Chair of the Senate Committee on Post Audit and Oversight, and two members designated by the Senate Minority Leader;
Five members of the Massachusetts House of Representatives who shall be the House Chair of Ways and Means, the House Chair of the Committee on Revenue, the Chair of the House Committee on Post Audit and Oversight, and two members designated by the House Minority Leader;
The Governor, the President of the Senate, and the Speaker of the House, who shall jointly designate the chair or co-chairs of the commission, shall each serve on the commission, ex-officio;
The Auditor of the Commonwealth and the Inspector General of the Commonwealth, ex-officio.

The Commission shall meet monthly, and should have the authority, subject to the approval of the Secretary of Administration and Finance, to request staff support and research from state agencies to carry out its responsibilities. The commission may seek assistance from other organizations or individuals on a pro bono basis. The commission shall file annual reports with the clerk of the Senate and the clerk of the House of Representatives and shall make a final report not later than June 30, 2010. The commission may make interim reports as appropriate in order to address the serious fiscal problems facing the Commonwealth in the next few years.

REDRAFT OTHER 11

Division of Health Care Finance and Policy

Mr. Richard T. Moore moved that the bill be amended by inserting, after Section ___, the following new Section:-
SECTION __. Effective January 1, 2009, no amendment of 114.3 CMR 20.00 shall take effect until the Division of Health Care Finance and Policy has certified that it has conducted its mandatory biannual review of all of the services and procedures identified in that section, with data and testimony supporting the reasons for (1) any rate adjustmentsl; and (2) the maintenance of the current rate.

OTHER 12

Comparative Cost Effectiveness Institute

Mr. Richard T. Moore moved that the bill be amended inserting, after Section ___, the following new Sections:-

SECTION __. Notwithstanding any general or special law to the contrary, the secretary of health and human services, in consultation with the health care quality and cost council, shall hereby establish an independent entity, known as the Massachusetts Comparative Cost Effectiveness Institute. Said independent entity shall examine, research and issue guidelines on the comparative effectiveness of medical procedures, drugs, devices, and biologics, so that research results can be used as a basis for health care purchasing and payment decisions that limit cost, create efficiencies and eliminate clinical waste thereby reducing inappropriate, ineffective or redundant care.

SECTION __. In concert with the results from study commission findings, as mandated by Section 53 of Chapter 305 of the Acts of 2008, the secretary shall consider existing state and national models, including, but not limited to, the Institute for Clinical Economic Review, the Washington State Health Care Authority’s Health Technology Assessment program, the National Institute for Health and Clinical Excellence in Britain, and the Institut für Qualität und Wirtschaftlichkeit im Gesundheitswesen in Germany regarding the development of the independent entity.

OTHER 13

WITHDRAWN

OTHER 14

RELATIVE TO TRANSPARENCY IN STATE REVENUES AND EXPENDITURES

Ms. Creem moved that the bill be amended in Section X by adding the following new section:-

SECTION XX. Chapter 7 of the General Laws is hereby amended by adding the following new section:-

Section __. “Secretary”, the Secretary of the Executive Office for Administration and Finance.

"Searchable budget database website" means a website that allows the public at no cost to search for, obtain, and aggregate the information identified in subsection (2).

"Entity/and or recipients" means: any corporation, association, limited liability company, limited liability partnership, or any other legal business entity. It shall also include any grantee or subgrantee, contractor or subcontractor, county, city or other local government entity. It shall not include any individual recipient of state assistance.

"Agency" means any state department, office, board commission, bureau, division, institution, or institution of higher education. "Agency" specifically includes any authority created by an act of the Massachusetts Legislature, including those authorities not receiving state tax revenue. This includes individual state agencies and programs, as well as those programs and activities that cross agency lines, and also includes all elective offices in the Executive Branch of government and the Legislature

"Funding source" means the state account the expenditure is appropriated from.

"Funding action or expenditure" shall include details on the type of spending, both appropriated expenditures including but not limited to grants, contracts, and appropriations, and tax expenditures, including but not limited to tax exemptions, waivers, and credits. This shall include but not be limited to all tax exemptions, credits, direct grants, or infrastructure assistance provided to any corporate or other business entity. Where possible, a hyperlink to the actual grants or contracts shall be provided.

"Expected outcome" includes, in relation to any tax exemption, tax credit, direct grant or infrastructure assistance provided to a corporate or other business entity, the number and quality of jobs to be created or retained, including wages and benefits, the date the job goals will be reached, the estimated increase to the state tax base, and whether the funded project involves the relocation of jobs and if so how many and from where.

"Final outcomes” includes, in relation to any tax exemption, tax credit, direct grant or infrastructure assistance provided to a corporate or other business entity, the number and quality of jobs actually created or retained, including wages and benefits, and the actual increase to the state tax base for the fiscal year in which benefit was given; the outcomes achieved shall also include any money recaptured from corporate subsidy recipients for failure to meet expected performance outcomes.

"State audit or report" shall include any audit or report issued by the Inspector General, State Auditor, legislative auditor, legislative committee, or executive body relating to the past or current performance of the entity or recipient of funds or the budget program/activity or agency which the Secretary deems as relevant.

(2) Not later than January 1, 2011 the Secretary shall develop and operate a single searchable budget database website, accessible by the public at no cost that includes:

(a) Annual state expenditures or funding actions provided to any entity, recipient or agency, as determined by the Secretary including the name and location of any such entity, recipient or agency, the funding source, the amount of funds appropriated including tax expenditures or other subsidies, the funding agency or authority, and a description of the purpose of the funding action or expenditure. If the funding action or expenditure is a tax expenditure, information about the expected outcome of such tax expenditure shall be included and information concerning the final outcome shall be provided within 30 days from when it is reported to the appropriate state agency;

(b) Bond debt payments and debt service including, but not limited to, amounts of bond interest paid and sources of funds paid for individual bond issues;

(c ) Local aid to cities and towns including, but not limited to, amounts paid to individual units of government for individually identifiable aid programs;

(d) Annual revenues, as determined by the Secretary which shall include, but not be limited to:

(i) receipts or deposits by any agency into funds established within the state treasury;

(ii) tax revenue received ;

(iii) agency earnings including, but not limited to, amounts collected by each agency for merchandise sold, services performed, licenses and permits issued, or regulation;

(iv) revenue for the use of money and property including, but not limited to, amounts received for compensation for the use of state-owned money and property;

(v) gifts, donations and federal grants including, but not limited to, amounts received from public and private entities to aid in support of a specific function or other governmental activity;

(vi) other revenue including, but not limited to, receipts not classified elsewhere; and

(e) Annual bonded indebtness which shall include, but not be limited to, the amount of the total original obligation stated in terms of principal and interest, the term of the obligation, the source of funding for repayment of the obligation, the amounts of principal and interest previously paid to reduce the obligation, the balance remaining of the obligation, any refinancing of the obligation, and the cited statutory authority to issue such bonds.

(f) A link to any state audit or report.

(g) Any other relevant information specified by the secretary.

(3) The searchable budget database website shall retain information for each fiscal year on the single website for not less than 10 years and shall include data for the most recent fiscal years.

(4) The Secretary shall update the searchable budget database website as new data becomes available. All agencies shall provide to the Secretary all data that is required to be included in the searchable budget database website not later than 30 days after the data becomes available to the agency. The Secretary shall provide guidance to agency heads to ensure compliance with this section.

(5) Nothing in this act shall permit or require the listing of individual businesses’ tax liability, profits, sales or losses.

(6) The Secretary shall not be considered in compliance with this act if the data required for the searchable budget database website is not available in a searchable and aggregate manner or if the public is redirected by the searchable budget database website to other government websites, unless each of those websites complies with the requirements of this Act.

OTHER 15

EXPAND BEVERAGE CONTAINER REDEMPTION

Ms. Creem moved that the bill be amended in Section X by adding the following new Section:-

Section XX. Section 321, Definitions, of chapter 94 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the words “mineral water” in paragraph 2 the following:- “flavored and unflavored water, spring water, vitamin water, and other water beverages, tea, sports drinks, isotonic drinks,”.

REDRAFT FURTHER OTHER 15.1

FURTHER AMENDMENT TO EXPAND BEVERAGE CONTAINER REDEMPTION

Mr. Tarr moves to amend the pending amendment (No. 15, by Senator Creem) by striking out the wording and inserting in place thereof the following wording:-

“SECTION XX. (a) Section 321, Definitions, of chapter 94 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the words “mineral water” in paragraph 2 the following:- “flavored and unflavored water, spring water, vitamin water, and other water beverages, tea, sports drinks, isotonic drinks,”.
(b) Chapter 29 of the General Laws is hereby amended by inserting after Section 2Z the following section:-
“Section 2Z1/2. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Extraordinary Sewer Cost Fund. The fund shall consist of all amounts credited to the fund and any income derived from the investment of amounts credited to the fund. Amounts credited to the fund shall be available to provide assistance to municipalities that have undertaken any sewer project in which construction has been initiated and for which completion has been scheduled in Fiscal Year 2005 or thereafter in 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 municipality with a sewer system that experiences extraordinary rate increases due to a mandate pursuant to environmental laws and regulations.’”

SECTION YY. Notwithstanding any special or general law to the contrary, 5 percent of any additional revenues realized by changes to Chapter 321 of Section 94 of the General Laws in the FY2010 General Appropriations Act shall be deposited in the Extraordinary Sewer Cost Fund.”

Further OTHER 15.2

EXPAND BEVERAGE CONTAINER REDEMPTION FURTHER AMENDMENT

Mr. Hedlund moved that amendment number 15 be further amended by inserting after the words “isotonic drinks,” the following:-“any fruit-based juice that contains less than 100 percent fruit juice, and any vegetable-based juice that contains less than 100 percent vegetable juice,”.

OTHER 16

Technical Correction

Mr. Pacheco moved that the bill be amended by inserting the following new outside section:-

“Section XXX. Chap 395 of 2002 is hereby amended in Section 1. by striking out the following sentence:

“The purchase price payable to the Taunton Development Corporation for the parcel shall be the full and fair market value of the property less any environmental cleanup costs as of the time of conveyance to the Taunton Development Corporation, as determined by the commissioner of capital asset management and maintenance based on an independent appraisal.,” and inserting in place thereof the following new sentence:-

“The purchase price payable to the Taunton Development Corporation for the parcel shall be the full and fair market value of the property less any environmental cleanup costs and demolition costs of existing uninhabitable buildings located upon the parcel as of the time of conveyance to the Taunton Development Corporation, as determined by the commissioner of capital asset management and maintenance based on an independent appraisal.”

OTHER 17

PROVIDING RELIEF FROM PROPERTY TAXES TO SENIORS

Ms. Creem moved that the bill be amended in Section X by adding the following new section:

SECTION __. Section 5K of chapter 59 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 13, the figure “$750” and inserting in place thereof the following figure:— “$1,000”.

OTHER 18

WITHDRAWN

OTHER 19

BRINGING FAIRNESS TO TAXATION OF PERSONAL PROPERTY

Ms. Creem moved that the bill be amended in Section X by adding the following new section:

SECTION __. Clause First of Section18 of Chapter 59 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking the first sentence thereof and replacing it with the following:-

First, all tangible personal property, including that of persons not inhabitants of the commonwealth, except ships and vessels, and including machinery, poles, wires, and underground conduits, wires, and pipes of telecommunications companies laid in or erected upon public or private ways, shall be taxed to the owner in the town in which such property is situated on January first. For purposes of this clause, telecommunications companies shall include providers of cable television service, internet service, telephone service, data service, radio utility and mobile radio telephone utility systems, both as defined in Section 12A of Chapter 159, and any other services involving the transmission of communications or intelligence by any means.

OTHER 20

CPA AMENDMENT

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

“SECTION XX. Section 3 of chapter 44B of the General Laws is hereby amended in paragraph (e) by striking subsection (2) and inserting in place thereof the following subsection:-

(2) for $100,000 of the value of each taxable parcel of class three, commercial, and class four, industrial, property as defined in section 2A of said chapter 59.”

OTHER 21

WITHDRAWN

OTHER 22

PUBLIC EMPLOYEE RETIREMENT CALCULATION

Mr. Morrissey moved that the bill be amended in a new section:-

SECTION X. Notwithstanding any other general or special law to the contrary, the provisions of this paragraph shall apply to the determination of retirement allowances under chapter 32 for a member of a public employee retirement system who is covered by a collective bargaining agreement which has been modified or agreed to in response to the current extraordinary fiscal crisis facing the Commonwealth and its political subdivisions.

Where a member receives no increase in compensation in fiscal years 2009 and/or 2010 as a result of the modification of the collective bargaining agreement, excluding any increase in compensation resulting from moving to a higher step or lane on a salary schedule, the member’s average annual rate of regular compensation shall be calculated using the compensation the member would have received in fiscal years 2009 and/or 2010 if the collective bargaining agreement had not been modified. If the collective bargaining agreement executed in fiscal years 2009 and/or 2010 provides for a member to receive no increase in compensation in fiscal years 2009 and/or 2010, the member’s annual rate of regular compensation received for fiscal years 2009 and/or 2010 shall be based on the annual rate of pay which would have applied to the member if the collective bargaining agreement had provided an increase in compensation for fiscal years 2009 and/or 2010 equal to the percentage increase provided under the current or previous collective bargaining agreement for the first year prior to years 2009 and/or 2010 in which an increase in compensation was provided. Any member seeking to have his retirement allowance calculated under the provision shall make additional contributions in the manner prescribed by regulations promulgated by the Public Employee Retirement Administration Commission so that the sum of the regular deductions withheld pursuant to G.L. c. 32, section 22 and such additional contributions equal the amount of regular compensation that would have been withheld had the member received the increase in compensation for fiscal years 2009 and/or 2010 described herein.
Where a collective bargaining agreement covering fiscal years 2009 and/or 2010 waives or reduced previously agreed-upon salary increases or provides for no salary increases or reduced salary increases but provides salary increases for employees who retire in fiscal year 2009 or 2010, the salary increases who retire in fiscal year 2009 or 2010 shall be regarded as regular compensation rather than as a payment made as a result of giving notice of retirement.

REDRAFT OTHER 23

LEASE PAYMENT

Ms. Menard moved that the bill be amended, in Section 2, in item 1599-3857

“For capital lease payments from the University of Massachusetts to the Massachusetts Development Finance Agency and for annual operations of the advanced technology and manufacturing center in Fall River……………………………………….$1,581,922

OTHER 24

EXCISE TAX STUDY

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

“SECTION XX. The Department of Revenue is hereby authorized and directed to conduct a study to determine the means to calculate the excise tax liability for motor vehicles so as to ensure that said tax is levied in a manner that fairly reflects the actual value being taxed, based on a methodology which is objective and fair. Said study may consider, but shall not be limited to, the utilization of published valuation reports and established depreciation schedules and methods, and systems employed by other states and governmental jurisdictions.

The findings of said study shall be filed with clerks of the House and Senate not later than nine months following the passage of this act.”

OTHER 25

MUNICIPAL GAS TAX ABATEMENT

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

“SECTION XX. Chapter 64A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting, after section 7A, the following section:— Section 7B. The sale of fuel to a city or town which having consumed the same for any municipal purpose shall be exempt from the excise established by this chapter.”

OTHER 26

LEASE RENEGOTIATION

Mr. Baddour moved that the bill be amended by adding the following new section:-

SECTION XX. Notwithstanding any general or special law or regulation to the contrary, any landlord may exercise any contractual right to renegotiate a lease with a state agency, if in the determination of the agency head, insufficient funds are available within the agency’s appropriation or allotment to maintain the lease consistent with maintaining core governmental functions. Said landlord who successfully renegotiates with the head of the leasing state agency shall obtain priority status for other state agencies looking for space. This section shall expire on June 30, 2010.

REDRAFT OTHER 27

JOB CREATION TAX CREDIT

Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Sections:-

SECTION XX. There is hereby transferred $100,000,000 from the Massachusetts Life Sciences Investment Fund to the Massachusetts Job Creation Reserve Fund.

SECTION YY. Chapter 29 of the General Laws is hereby amended by inserting after Section 2YYY the following new section:-

“SECTION 2ZZZ. There is hereby established upon the books of the commonwealth a separate fund to be known as the Massachusetts Job Creation Reserve Fund. There shall be credited to this fund any appropriation or transfer made by the commonwealth, as well as any grants, fees, compensation, payments or revenues of any kind from any agency of the federal government, other governmental entity, or individual.

Amount credited to said fund shall be available to offset costs to the commonwealth of the small business tax credit, codified at 67D(a) of Chapter 62C of the General Laws, 30 days after notice by the Secretary of Administration and Finance to the clerks of the House and Senate that the costs of said tax credit would precipitate fiscal instability absent use of said fund.

SECTION ZZ. Section 67D(a) of Chapter 62C of the General Laws is hereby amended by striking it in its entirety and replacing it with the following section:-

“(a) When used in this section, the following words shall have the following meaning:

“Application year”, the calendar year for which a biotechnology or medical device manufacturing or marine science technology company or small business submits the information required for a determination as to a jobs incentive payment.

“Biotechnology company”, a business primarily engaged in the research, development, production or provision of biotechnology for the purpose of developing or providing products or processes for specific commercial or public purposes including, but not limited to, medical, pharmaceutical, nutritional and other health-related purposes or a person engaged in providing services or products necessary for such research, development, production or provision. This term shall include contract manufacturers engaged in the production of biotechnology products for a biotechnology company or a medical device manufacturing or marine science technology company.

“Business”, a corporation, sole proprietorship, partnership, limited liability company or any other form of business organization.

“Commissioner”, the commissioner of revenue.

“Eligible Jobs”, a number determined by first multiplying each of the local jobs created by a biotechnology or medical device manufacturing company or small business during a single calendar year by the job qualifier for that job, and then totaling the number for all of the local jobs created.

“Full time employee”, a person who is employed for consideration for at least 35 hours per week and whose salary is subject to withholding as provided in chapter 62B.

“Job qualifier fraction”, in the case of either a full-time employee or a part-time employee of a biotechnology or medical device manufacturing or marine science technology company or small business, the figure that determines the extent to which that employee is employed in the commonwealth during a single calendar year. The job qualifier fraction for each employer shall be determined by multiplying the following percentages together: (i) the percentage of time that an employee worked while employed by the company expressed as average hours worked per week out of 35 hours, not to exceed 100 per cent; (ii) that employee’s time attributable to work in the commonwealth, as a portion of that employee’s total work for the company; and (iii) the portion of the year the employee worked for the company.

“Jobs incentive payment”, a business employment incentive payment for biotechnology or medical device manufacturing or marine science technology companies or small businesses as provided for in this section.

“Local jobs created”, the total number of jobs created by a biotechnology or medical device manufacturing or marine science technology company or small business during a single calendar year in which the new employees perform qualified services at least 1 in-state location, including jobs performed by persons that are transferred within the company to work at an in-state location from a location based outside the state.

“Marine science technology company,” a business engaged in research, exploration, operations, monitoring, or defense in marine settings. This term shall include contract manufacturers engaged in the production of these products for a marine science technology company.

“Medical device manufacturing company”, a business primarily engaged in manufacturing medical or surgical instruments, surgical appliances or supplies or electromedical, electrotherapeutic or irradiation apparatus. This term shall include contract manufacturers engaged in the production of such products for a medical device manufacturing company or a biotechnology company.

“Part-time employee”, a person who is employed for consideration for less than 35 hours a week and whose salary is subject to withholding as provided in chapter 62B.

“Payment years”, in the case of a biotechnology or medical device manufacturing or marine science technology company or small business that is determined to be eligible for a jobs incentive payment, the 3 calendar years following the application year.

“Qualified services”, for an employee of a biotechnology or medical device manufacturing company, direct production manufacturing services performed that consist primarily of at least 1 of the following services: medicinal and botanical manufacturing, pharmaceutical and preparation manufacturing, in vitro diagnostic substance manufacturing, biological product, except diagnostic, manufacturing, surgical and medical instrument manufacturing, electromedical and electrotherapeutic apparatus manufacturing, surgical appliance and supplies manufacturings and irradiation apparatus manufacturing. These services are as referenced in the federal NAICS Codes for biotechnology manufacturing, numbers 325411-325414, 339112, 314510, 339113 and 334517, respectively or direct manufacturing or professional services performed by an employee of a marine science technology company during a calendar year that consists of research, exploration, operations, monitoring, or defense in a marine setting. For an
“Weighted, average employment”, for a calendar year, the total number of jobs maintained by a biotechnology or medical device manufacturing or marine science technology company in which the employees performed employment services at at least 1 in-state location. The number is to be determined by first multiplying each of the individual jobs maintained by the company for that year by the job qualifier fraction for that job and then totaling the number for all of these jobs.

REDRAFT OTHER 28

ACCELERATION WAIVER

Ms. Menard moved that the bill be amended in Section 80, clause b, by inserting after the word “factor” before the word “may”, the following words:-

“or whose FY08 actual local contributions were lower than the amounts calculated in the "one-time adjustment" used in the FY10 chapter 70 formula,”

REDRAFT OTHER 29

CORRECTIVE AMENDMENT

Mr. Panagiotakos moved that the bill be amended:-

In Section 2 in item 0320-0003 by striking the figure “$7,783,707” and inserting in place thereof the following:- “$7,965,766”

And, in said Section 2, in item 0322-0100 by striking the figure “$10,627,256” and inserting in place thereof the following:- “$10,827,256”

And, in said Section 2, in item 0810-0045 by striking the figure “$3,133,588” and inserting in place thereof the following:- “$3,497,227”

And, in said Section 2, in item 1233-2350, by striking out the words “provided, that funds shall be provided to individual sewerage districts for the cost of chemicals at wastewater treatment facilities within the commonwealth”

And, in said Section 2, in item 1410-0012, by inserting after the word “program” the following words:- “or its successor”

And, in said Section 2, in item 1410-0250, by inserting after the word “program” the following words:- “or its successor”
And, in said Section 2, in item 2511-0100, by inserting after the word “fairs” the following words:- “provided that funds may be expended for the statewide 4-H program”

And, in said Section 2, in item 2511-0100, by striking the figure “$4,683,708” and inserting in place thereof the following:- “$4,783,708”

And, in said Section 2, in item 4000-0300, by inserting after the words “chapter 118E of the General Laws,” the following words:- “provided further, that funds may be expended for the operation of the office of health equity within the executive office of health and human services; provided further, that subject to appropriation, the executive office of health and human services may employ such additional staff or consultants as it may deem necessary; provided further, the office may prepare an annual health disparities report card with regional disparities data, evaluate effectiveness of interventions, and replicate successful programs across the state; provided further, the office shall work with a disparities reduction program with a focus on supporting efforts by community-based health agencies and community health workers to eliminate racial and ethnic health disparities, including efforts addressing social factors integral to such disparities;”

And, in said Section 2, in item 4000-0600, by inserting after the words “kosher food;” the following words:- “provided further, that notwithstanding the provision of any general or special law to the contrary, nursing facility rates effective July 1, 2009 may be developed using the costs of calendar year 2005;”

And, in said Section 2, in item 4000-0700, by striking the figure “$1,615,191,229” and inserting in place thereof the following:- “$1,618,491,229”;

And, in said Section 2, in item 4000-0640, by inserting after the word “2002,” the following words:- “provided further, that an amount for expenses related to the collection and administration of section 25 of chapter 118G of the general laws shall be transferred to the division of health care finance and policy;”

And, in Section 2, in item 4000-1700 by striking the figure “$89,620,931” and inserting in place thereof the following:- “$88,823,931”

And, in Section 2, in item 4590-0915 by striking the figure “$137,664,607” and inserting in place thereof the following:- “$138,461,607”

And, in said Section 2, in item 4800-0038 by inserting after the word “provided,” the following:-
“provided further, that funds may be expended on supervised visitation programs, children’s advocacy centers, and services for child victims of sexual abuse and assault; and provided further, that funds may be expended on programs that received funding in fiscal year 2009”

And, in said Section 2, by striking out item 4800-0016 and inserting in place thereof the following item:-
4800-0016 For the department of children and families which may expend for the operation of the transitional employment program an amount not to exceed $2,000,000 from revenues collected from various state, county and municipal government entities, as well as state authorities, for the costs related to the provision of services by the participants and the overhead costs and expenses incurred by the not-for-profit managing agent selected by the commissioner for administering the program; provided, that notwithstanding any general or special law to the contrary, the commissioner of the department of children and families may enter into a contract with Roca, Inc., a not-for-profit community based-agency, to manage the transitional employment program and to provide services to participants from the aging out population, parolees, probationers, youth service releases, or other community residents considered to have employment needs........ $2,000,000

And, in said section 2, in item 5930-1000, by inserting after the words “Monson Developmental Center”, which were inserted by amendment 474.1, the following words:-
the Fernald Developmental Center,

And, in said Section 2, in item 7003-0701 by striking out the word “and” after the words “result of training;”

And, in said Section 2 in item 7003-0701 inserting after the words “job training” the following:- “and provided further, that grants may be administered by the department of workforce development to recruit and provide career support and workforce development retention of graduate students training for careers in public sector behavioral health service delivery;”

And, in said Section 2, in item 7007-0900, by inserting after the words “within the commonwealth” the following:- “and provided further, that not less than $1,000,000 shall be made available through a grant application process established by the office of travel and tourism to offset deficits that may occur during fiscal year 2010 for the highway information centers operating year-round on state highways and federally-assisted highways, and the visitor information centers on Boston Common and the Prudential Center, both in the city of Boston, and the Adams Visitor Center in Adams”

And, in said Section 2, in item 7007-0900 by striking the figure “$7,733,636” and inserting in place thereof the following:- “$8,733,636”

And, in said Section 2, by striking out item 7061-9612 and inserting in place thereof the following item:-
7061-9612 For the school of excellence program at the Worcester Polytechnic Institute…$1,300,000

And, in said Section 2, in item 7061-9600, by striking out the words “provided further, that funds shall be distributed to the department of higher education in order to increase the capacity of public institutions of higher education to include students with severe disabilities in the concurrent enrollment pilot program;” and inserting in place thereof the following words:-
“provided further, that funds may be distributed to the department of higher education in order to increase the capacity of public institutions of higher education to include students with severe disabilities in the concurrent enrollment pilot program.”

And, in said Section 2, in item 7061-9600, by striking out the words “provided further, that funds shall be allocated to the department of elementary and secondary education to provide training and technical assistance to school districts for program implementation;” and inserting in place thereof the following words:- “provided further, that funds may be allocated to the department of elementary and secondary education to provide training and technical assistance to school districts for program implementation.”

And, in said Section 2, in item 7061-9611, by striking the following words, which were inserted by amendment 362:
“provided further, that funds may be expended to continue mentoring initiatives that combat the chronic dropout of at-risk youths that were funded in item 7030-1003 in Chapter 182 of the Acts of 2008, Section 2”

And, in said section 2, in item 7061-9404 by inserting at the end thereof the following words:-
“provided further, that funds may be expended to continue mentoring initiatives that combat the chronic dropout of at-risk youths that were funded in item 7030-1003 in Chapter 182 of the Acts of 2008, Section 2”

And, in said Section 2, by inserting after item 7061-9626 the following item:-
7061-9634 For a transfer of this item to the Massachusetts Service Alliance, which shall be responsible for administering a competitive statewide grant program for public and private agencies to start or expand youth mentoring programs according to current best practices and for purposes including advancing academic performance, self-esteem, social competence and workforce development; provided, that the department of elementary and secondary education shall transfer the amount appropriated in this item to the Massachusetts Service Alliance for the purpose of these grants; provided further, that in order to be eligible to receive funds from this item, each public or private agency shall provide a matching amount equal to $1 for every $1 disbursed from this item; and provided further, that the Massachusetts Service Alliance shall submit a report detailing the impact of grants, expenditure of funds and the amount and source of matching funds raised to the department of elementary and secondary education…$517,320

And, in said Section 2 in item 8324-0000 by inserting after the words “Norfolk County Regional Fire & Rescue Dispatch Center”, the following words:- “provided further, that $1,296,000 shall be provided for the Commonwealth's Hazardous Material Response Teams”

And in said Section 2, in said item 8324-0000, by striking out the figure “$14,313,693” and inserting in place thereof the following:- “$15,609,693”

And, in Section 2B, in item 4000-1701 by striking the figure “$32,704,589” and inserting in place thereof the following:- “$33,501,589”

And, in said Section 2D, in item 2030-9701, by striking the figure “$4,763,189” and inserting in place thereof the following figure:- “$1,396,630”;

And, by striking out section 36;

And further by striking section 37 in its entirety and inserting in place thereof the following:-
SECTION 37. Section 23 of said chapter 90, as appearing in the 2006 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:-
Notwithstanding the preceding paragraph or any other general or special law to the contrary, whoever has not been previously found responsible of or convicted of, or against whom a finding of delinquency or a finding of sufficient facts to support a conviction has not been rendered on, a complaint charging a violation of operating a motor vehicle after his license to operate has been suspended or revoked, or after notice of the suspension or revocation of his right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or to the issuance to him of a new license to operate shall be punished by a fine of not more than $500. This paragraph shall not apply to any person who is charged with operating a motor vehicle after his license to operate has been suspended or revoked pursuant to a violation of paragraph (a) of subdivision (1) of section 24, or section 24D, 24E, 24G, 24L or 24N of this chapter, subsection (a) of section 8 or section 8A or 8B of chapter 90B, section 8, 9 or 11 of chapter 90F or after notice of such suspension or revocation of his right to operate a motor vehicle without a license has been issued and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or the issuance to him of a new license to operate because of any such violation.

And, by striking Section 41 in its entirety and inserting in place thereof the following:-
SECTION 41. Section 34J of said chapter 90, as so appearing, is hereby amended by adding the following paragraph:-
Notwithstanding any general or special law to the contrary, whoever violates this section and has not been previously determined responsible of or convicted therefore, or against whom a finding of delinquency or a finding of sufficient facts to support a conviction has not previously been rendered, on a complaint charging a violation of this section shall be punished by fine of not more than $500.

And, by striking section 44 in its entirety;

And, by striking Section 62 in its entirety and inserting in place thereof the following:-
SECTION 62. Chapter 272 of the General Laws is hereby amended by striking out section 40, as so appearing, and inserting in place thereof the following section:-
Section 40. Whoever willfully interrupts or disturbs a school assembly or other assembly of people met for a lawful purpose shall be punished by imprisonment for not more than 1 month or by a fine of not more than $50; provided, however, that whoever, within 1 year after being twice convicted of a violation of this section, again violates this section shall be punished by imprisonment for 30 days and such sentence shall not be suspended; provided further, that a child between the age of 7 and 17 who willfully interrupts or disturbs a school assembly shall be punished by a fine of not more than $50.

And; by striking Section 62 in its entirety and inserting in place thereof the following:-
SECTION 63. Chapter 272 of the General Laws is hereby amended by striking out section 53 and inserting in place thereof the following section:-.
Section 53. (a) Common night walkers, common street walkers, both male and female, persons who with offensive and disorderly acts or language accost or annoy persons of the opposite sex, lewd, wanton and lascivious persons in speech or behavior, keepers of noisy and disorderly houses, and persons guilty of indecent exposure may be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment.
(b) Disorderly persons and disturbers of the peace, for the first offense, may be punished by a fine of not more than $150. On a second or subsequent offense, said person may be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment.

And in section 74, in paragraph (a) by striking out the figure “$20,000,000” and inserting in place thereof the following figure:-
$10,000,000

And said section 74, in paragraph (b) by striking out the figure “$9,000,000” and inserting in place thereof the following figure:-
“$5,000,000

And, by striking the following three sections, inserted by amendment 1:
SECTION __. Section 5 of chapter 59 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the word “than”, in line 220, the following words:- a telephone or telegraph corporation subject to tax under section 52A of chapter 63 or.

SECTION ___. Clause fifth of section 18 of said chapter 59, as so appearing, is hereby amended by adding after the last sentence the following 2 sentences:-

And, by inserting the following section:

SECTION ___. Clause Fifth of section 18 of said chapter 59, as appearing in the 2006 Official Edition, is hereby amended by adding the following 2 sentences:- Poles, underground conduits, wires and pipes of telecommunications companies laid in or erected upon public or private ways and property shall be assessed to their owners in the cities or towns where they are laid or erected. For purposes of this clause, telecommunications companies shall include cable television, internet service, telephone service, data service and any other telecommunications service providers.

And, by striking out, after section 90, the following section inserted by amendment 427:

SECTION 90A: Notwithstanding any general or special law to the contrary, any and all vendors, providers or sub-contractors doing business with or at the Boston Convention and Exhibition Center, irrespective of state of incorporation or initiation of travel, shall file with the Convention Authority a certificate that the entity is doing business in the Commonwealth and is in compliance with all regulatory and public safety laws including but not limited to registration with the state secretary, the department of revenue, the division of public utilities where appropriate, the division of insurance and the division of industrial accident. Filing made in compliance with this section shall be deemed to be public record”.

And, by inserting the following section:

SECTION ___. Subsection (b) of section 3 of chapter 121F of the General Laws, as added by chapter 119 of the acts of 2008, is hereby amended by striking clause (7) and inserting in place thereof the following clause:-
(7) notwithstanding the restrictions described in this chapter, monies provided for the fund may be used for the purposes of the soft second mortgage program described in item 3322-8880 of section 2 of chapter 110 of the acts of 1993.

And, by inserting the following section:-
SECTION ____. Provided, that the provisions of section nineteen A of chapter seventy-eight of the General Laws or any other general or special law to the contrary, for the fiscal year 2010 state aid to public libraries program, the board of library commissioners shall consider that Wareham has met the standard of minimum hours of service as set forth in section nineteen B of chapter seventy-eight of the General Laws and defined in section 4.01(3) of chapter 605 of the Code of Massachusetts regulations; and provided further, that the library must demonstrate compliance with the minimum hours open requirement in fiscal year 2010 by December 15, 2009, and must successfully complete the annual certification process of the board in fiscal year 2010.

REDRAFT OTHER 30

RETIREMENT ALLOWANCE FOR CERTAIN TEACHERS

Ms. Menard moved that the bill be amended in amended in Section X

“ Chapter 32.Section 4 (G1/2) by inserting after the word, in line 82, “commission; the following words:- “provided, that no credit shall be allowed unless such member has made application to the teachers retirement system or the State-Boston retirement system on a form prescribed by such system to purchase such service by Dec 31, 2001 and has paid into the Annuity Savings Fund of the system by December 31, 2009; provided further that any such member that has retired between January 1, 2009 and December 31, 2009 shall be eligible.”

OTHER 31

SENIOR CIRCUIT BREAKER CREDIT ADJUSTMENT

Ms. Fargo moves to amend the bill in Section 3, by adding the following Section:-

SECTION____. “Section 1. Paragraph (2) of subsection (k) of section 6 of chapter 62 of the General Laws, as appearing in the 2006 Official Edition, is amended by inserting after the figure “$750”, as so appearing, at the end of said paragraph, the following words:- ; except, in the event that the taxpayer’s total income does not exceed 50 percent of the income limitation as applicable to the taxpayer under clause (i) of paragraph (3) of this subsection, as increased under paragraph (4) of this subsection, then such amount to which the real estate tax payment or the rent constituting real estate tax payment exceeds the taxpayer’s total income shall be calculated based on 8 ½ percent of such total income.”

And further moves to amend the bill in Section 3, by adding the following Section:-

SECTION ____. “Section ___ shall take effect as of January 1, 2010.”

OTHER 32

CIVIC ENGAGEMENT COMMISSION

Mr. Richard T. Moore moved that the bill be amended in by inserting, after Section __, the following new Section:-
SECTION __. Section 106 of Chapter 182 of the Acts of 2008 is hereby amended by striking, in section (d), the following: “January 1, 2009” and placing therein the following: “June 30, 2011”.

REDRAFT OTHER 33

EFFICIENT ADMINISTRATION FOR MOTOR VEHICLE REGISTRATION

Ms. Fargo moves to amend the bill, in Section 3, by adding the following Section:-

SECTION ___. “Section 1. Section 2 of chapter 90 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the seventh paragraph the following paragraphs:-

“Any renewal registration for a private passenger motor vehicle shall be for a period of 3 years, provided such renewal shall not be for a registration where the registrar has issued for such vehicle, distinctive registration plates, or special registration plates of distinctive type or types including plates of a vanity type and plates bearing the station call letters of an amateur radio operator, or such other particular registration plates not distinctive, requested by such vehicle’s owner, known as reserve plates.

Any registration or renewal of registration for any trailer with a registered gross vehicle weight of 3,000 pounds or less, shall be for a period of 2 years.

The registrar shall provide notification to the owner of a registered motor vehicle or trailer of the expiration of such registration. Such notification shall be made by mail to the owner at the address last listed on the registration at the registry for such vehicle, and not less than 30 days or greater than 90 days prior to the expiration date of such registration.”

And, further moves to amend the bill in Section 3, by adding the following Section:-

SECTION ____. “Section 1. Section 33 of chapter 90 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after clause (36) the following clause:-

“(37) For the renewal of the registration of private passenger motor vehicles the fee collected shall be 54 dollars, in addition to incurred administrative costs of 5 dollars for issuance in connection therewith, provided that said fee shall be for a 3 year registration period and the registration issued by the registrar for such vehicle, shall not be for distinctive registration plates, or special registration plates of distinctive type or types including plates of a vanity type and plates bearing the station call letters of an amateur radio operator, or such other particular registration plates not distinctive, requested by such vehicle’s owner, known as reserve plates, notwithstanding any other provision that is otherwise provided.”

And, further moves to amend the bill in Section 3, by adding the following Section:-

SECTION___. “Section 1. Sections ____and___ shall take effect November 1, 2009.”

OTHER 34

WITHDRAWN

Redraft OTHER 35

SOBRIETY HIGH SCHOOL TECHNICAL AMENDMENT

Mr. Tolman moved that the bill be amended, in Section 35, by striking out the text and inserting in place thereof the following:-

“Chapter 71 of the Massachusetts General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting the following new section:-

Section 91. (a) “Recovery High School” shall mean a public school or collaborative program for students diagnosed with substance use disorder or dependency, as defined by the Diagnostic and Statistical Manual of Mental Disorders IV-TR, that provides (i) a comprehensive 4-year high school education and (ii) a structured plan of recovery.

(b) A school district shall transfer the state average chapter 70 per pupil allotment to a Recovery High School for any student meeting the following criteria: (i) the student is currently enrolled in the district or currently resides in the municipality in which the district is located; (ii) the student is considered clinically appropriate by a clinician as defined by 105 CMR 164.006 of the Code of Massachusetts Regulations, using the criteria for Substance Use Disorders as defined in the Diagnostic and Statistical Manual of Mental Disorders IV-TR; and (iii) the student meets all matriculation criteria as outlined by their sending districts and the department of elementary and secondary education, with determination of academic eligibility based on existing documentation provided by the district. The district and the Recovery High School shall arrange to confer a diploma when a student completes all state and district-mandated graduation requirements.

(c) Recovery High Schools shall submit to the board of elementary and secondary education data considered necessary by the board to provide information regarding each student’s academic performance. Recovery High Schools shall also submit to the department of public health data regarding each student’s recovery.

(d) The board of elementary and secondary education shall promulgate regulations, as necessary in consultation with the department of public health and the department of mental health, to implement the provisions of this section.”

REDRAFT OTHER 36

WITHDRAWN

OTHER 36.1

WITHDRAWN

REDRAFT OTHER 37

WITHDRAWN

OTHER 38

WITHDRAWN

REDRAFT OTHER 39

WITHDRAWN

Rejected
RC #44 E [5 to 34]
OTHER 40

FREEZE CORPORATE TAX RATE

Mr. Eldridge moved that the bill be amended in Section X by adding the following new sections:-

Section XX. Chapter 63 of the General Laws is hereby amended in section 2 by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) Any corporation taxable under this section shall pay an excise measured by its net income determined to be taxable under section 2A at the rate of 10.5 percent; provided, however, that in no case shall the excise imposed under this section amount to less than $456.

Section XX. Said Chapter 63 is hereby further amended in Section 2B, as created by Chapter 173 of the Acts of 2008, by striking out subsection 1 and inserting in place thereof the following subsection:-

(1) The net income shall be determined by taking into account subchapter S of the Code. Income or loss shall be determined as if it were realized or incurred directly by an owner subject to taxation under chapter 62 or 63, as applicable. In the case of an S corporation, income shall be included in the net income measure under this subsection and, to the extent that the income is taxed to the S corporation for federal income tax purposes, subject to tax at a rate of 10.5 percent.

Section XX. Said Chapter 63 is hereby further amended in section 39 by striking out section subsection (a)(2)(i) and inserting in place thereof the following subsection:-

(a)(2)(i) 9.5 per cent of its net income determined to be taxable in accordance with this chapter.

Rejected
RC #43 D [5 to 34]
OTHER 40.1

COMBINED REPORTING REPEAL

Mr. Tisei moved that amendment 40 be further amended by striking the text and inserting in place thereof the following: -

“chapter 173 of the acts of 2008 is hereby repealed.”

OTHER 41

CORE GOVERNMENT SERVICES STUDY

Ms. Chandler moved that the bill be amended by inserting after Section _____ the following new Section: -

“SECTION X. There shall be a special commission to investigate and study the reform and core functions of state government in order to determine what are the essential services the Commonwealth must deliver to its citizens. The study shall include, but not be limited to, an examination of projected revenue, a prioritization of the core services state government, what is the most efficient manner to deliver those services, and how can the state measure progress in achieving those goals indentified. The commission shall consist of 11 members, 5 members of the house of representatives, 1 of whom shall be appointed by the minority leader, 5 members of the senate, 1 of whom shall be appointed by the minority leader, and the secretary of administration and finance or her designee. The commission shall file a report of the results of its investigation with the clerks of the house of representatives and senate, the house and senate committees on ways and means on or before December 31, 2009.”

REDRAFT OTHER 42

WITHDRAWN

4rd Redraft OTHER 43

GAMING

Mr. Tarr moved that the bill be amended by inserting, after

Section X, the following new Section:- “Section XX. The General Laws are hereby amended by inserting after chapter 128C the following chapter:— Chapter 128D. The Massachusetts Gaming Control Act.

Section 1. General Provisions.

(a) This chapter shall be known and may be cited as the “Massachusetts Gaming Control 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.

(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 prohibition, control, condition, inspection, tax, or fee is not inconsistent with this act, 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. Definitions.

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 ten percent (10%) 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%) of voting membership rights or voting stock, or

(ii) that at least twenty-five percent (25%) 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;

(d) “Commission,” the Massachusetts gaming control commission;

(e) “Controlled game,” or “controlled gaming,” any game of chance, or skill, or both, played for currency, check, credit, or any other thing of value, and including electronic gaming devices and games classified as class II or class III gaming under the Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq., but excluding:

(1) The game of bingo conducted pursuant to chapter two hundred and seventy-one;

(2) Parimutuel wagering on horse and dog races, whether live or simulcast, authorized under G.L. c. 128A and G.L. c. 128C;

(3) Any lottery game conducted by the state lottery commission, in accordance with G.L. c. 10, § 24.

(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, whereby the software of the device predetermines the presence or lack of a winning combination and payout; also 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 bureau;

(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, and to officers and directors of licensed persons or entities;

(l) “Gaming operation,” one or more controlled game that is 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 services” means providing services or goods to any licensed gaming establishment directly in conjunction with the operation of gaming, including security services, 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;

(o) “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 licenses or applicant;

(p) “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 gaming license; (q) “Licensed operator,” any operating entity that conducts a controlled gaming operation within a gaming establishment pursuant to a license or licenses issued under this Act.

(r) “Licensed premises,” the premises upon which is located a gaming establishment pursuant to a license issued to a licensed operator;

(s) “Licensee,” any person or party holding, or purporting to hold, a valid gaming license under this chapter;

(t) “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;

(u) “Operating entity,” any person who conducts a gaming operation;

(v) “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;

(w) “Person” or “party,” a natural person, corporation, partnership, limited partnership, trustee, holding company, joint venture, association, or any business entity;

(x) “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 G.L. c. 128A, as amended, to conduct parimutuel racing during calendar year 2009, 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.

(y) “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; (z) “Work permit,” any permit issued by the commission authorizing the holder to be employed as an employee in a licensed gaming establishment.

Section 3. Gaming Control Commission; Composition, Powers & Duties.

(a) There shall be established a Massachusetts gaming control commission consisting of five members. Each member shall be a citizen of the United States and a resident of the commonwealth. No officer or official of any political party, nor any person who was formerly a licensee or an unlicensed employee of a gaming licensee within the five years prior to any appointment shall be eligible for appointment to the commission. No person actively engaging or having a direct pecuniary interest in gaming activities shall be a member of the Commission. Not more than three members of the Commission shall be of the same major political party affiliation. The governor shall appoint one member of the Commission and designate one member to serve as chairman of the Commission. The attorney general of the commonwealth shall appoint one member of the Commission. The auditor of the commonwealth shall appoint one member of the Commission. The Secretary of State shall appoint one member of the Commission.

(b) The term of office of each member of the Commission shall be five years except that, of the members initially appointed, one shall be appointed by the governor for a term of five years, one shall be appointed by the attorney general for a term of four years, one shall be appointed by the governor for a term of three years, one shall be appointed by the auditor for a term of two years, and one shall be appointed by the Secretary of State for a term of one year. After the initial term the term of office for each member of the Commission is five years, provided that no member shall serve more than two consecutive terms of five year periods. Any vacancies shall be filled by the original appointing authority within sixty days of the occurrence of such vacancy. Any appointee shall continue in office beyond the expiration date of his term until the appointment of a successor but in no event longer than six months. Any Commissioner may be removed by his appointing authority for just cause, and shall be suspended, without pay, upon indictment for any felony. Any person so suspended shall be removed upon conviction. Any person so suspended and later acquitted of any such felony shall be reinstated to the commission upon such acquittal, with full back pay.

(c) The commission members shall devote that time and attention to the business of the commission as is necessary to discharge their duties; provided, however, the chairman shall devote his or her full time during normal business hours to the business of the commission. The members of the commission shall be compensated for work performed for the commission at ninety thousand dollars per annum, with the chairman receiving ten thousand dollars per annum in additional compensation. Commission members shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. Before entering upon the duties of the office each member shall swear that he is not pecuniarily interested in, or doing business with, any person holding a gaming license and shall submit to his appointing authority and to the state ethics commission a statement of financial interest required by chapter two hundred sixty-eight B of the general laws.

(d) Except as otherwise provided herein, meetings of the commission shall be subject to the provisions of Section eleven A and eleven A and one-half of chapter thirty A of the General Laws. A majority of the membership of the commission shall constitute a quorum of the commission. A public record of every vote shall be maintained at the commission’s general office.

(e) The commission shall conduct hearings in accordance with the provisions of chapter thirty A, provided, however, that clause three of Section eleven of chapter thirty A 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.

(f) The commission may retain legal, investigative, clerical and other assistance as may be necessary.

(g) 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.

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

(i) The commission may grant or deny any application for a license or approval; may limit, condition, restrict, suspend, or revoke any license or approval for any cause deemed reasonable by commission, consistent with this chapter or any general or special law. The commission may, in its discretion, issue a probationary gaming license. No gaming license may be assigned either in whole or in part.

(j) As provided in commission regulations, the commission may impose 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.

(k) The commission shall, pursuant to sections two and three of chapter thirty A of the general laws, promulgate regulations necessary to carry out the powers and the provisions of this chapter, 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 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;

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

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

(8) the registration of non-gaming suppliers;

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

(10) 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 gaming facilities with controlled gaming;

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

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

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

(14) advertising by licensed gaming establishments; provided, however, licensees shall have the right to conduct reasonable advertising consistent with that of competing gaming facilities; (15) the manner in which winnings, compensation from games, and gaming devices must be compiled and reported by licensees, provided, further, electronic gaming devices shall return as winnings a minimum of eighty-five percent of all sums wagered.

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

(17) 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;

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

(19) the distribution of funds for the treatment of compulsive behavior. The Commission shall refer all regulations to both the Attorney General and to the Undersecretary of Consumer Affairs and Business Regulation, who shall either approve or disapprove of the proposed regulations within 30 days. No regulation promulgated by the Commission shall take effect without the approval of both the Attorney General and the Undersecretary of Consumer Affairs and Business Regulation.

(l) Not more than 180 days after the passage of this act, the Commission shall make a recommendation to the legislature regarding a proposed percentage of net gaming revenues that each licensee shall pay to the state in compliance with sub Section (a) of Section 5 of this chapter. The Commission shall hold at least one public hearing before issuing said recommendation, and shall consider in its deliberations the percentages of net gaming revenues paid by gaming establishments in other states; provided, that the recommendation issued by the Commission shall in no case be lower than either the mean or median of the percentage paid by gaming establishments in other states, nor higher than 45 percent of net gaming revenues.

(m) In emergencies, the commission may, without complying with sections two or three of chapter thirty A of the general laws, 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 expire after ninety days.

(n) Each operating license shall be issued for a term of ten years.

(o) Any failure of a licensee to comply with this chapter or any regulation of the commission or the bureau may, at the discretion of the commission, result in the immediate suspension or revocation of the license.

(p) 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. (q) Any person who has had his application for a license denied or revoked, or is otherwise not in compliance with any requirements hereunder, shall not retain his interest in the premises or any entity seeking or holding a license under this chapter beyond that period prescribed by the commission; and shall not accept more for his interest than he paid for it or the market value on the date of the denial or revocation of the license or occurrence of non-compliance (not including the prospective value of said license), whatever is higher.

(r) 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.

(s) No person shall transfer a direct or indirect pecuniary interest in a licensed operating entity or premises, or enter into an option contract or other agreement providing for such transfer in the future, without having notified the commission. No person shall transfer a greater than five percent (5%) direct or indirect pecuniary interest in a licensed operating entity or premises without the issuance by the commission to the transferee of an operating license or an affirmative statement that the transferee has met the operating license standards, as the commission may require.

(t) 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.

(u) 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 three years from the termination of his office or employment with the commission.

(v) 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 all relevant information on such activity. The commission shall apply to the department of public safety for the assignment of a complement of police officers to the commission on a regular basis and said department shall assign such complement to the commission. The commission shall assign 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 be entitled. The commission shall from funds available pay to the department of public safety the cost of the salaries of the police officers so assigned from funds appropriated to the commission. 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 gaming control 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.

(w) The commission, as it deems appropriate, may ask a district attorney 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. (x) Any person aggrieved by a determination by the commission to issue, deny, modify, revoke or suspend any license or approval, or to issue any order under the provisions of this chapter, may request an adjudicatory hearing before the commission under the provisions of chapter thirty A. Any such determination shall contain a notice of this right to request a hearing and may specify a time limit, not to exceed twenty-one days, within which said person shall request said hearing. If no such request is timely made, the determination shall be deemed assented to. If a timely request is received, the commission shall within a reasonable time act upon a request in accordance with the provisions of chapter thirty A. A person aggrieved by a final decision in an adjudicatory hearing held under the provisions of this Section may obtain judicial review thereof pursuant to the provisions of chapter thirty A.

Section 4. State Gaming Control Bureau; Composition, Powers & Duties.

(a) There shall be established a state gaming control bureau within the executive office of administration and finance. (b) The secretary of administration and finance shall appoint the executive director of the bureau for a term of five years. The executive director shall not serve more than two consecutive terms. 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 G.L. c. 31 or G.L. c. 30, § 9(A). The department of public safety and division of state police shall assign to the Division such full and adequate numbers of investigators as the executive director shall reasonably require to carry out the purposes of this chapter. (c) The powers and duties of the bureau shall include, but not be limited to, the following: (1) To visit, investigate, and place accountants, 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, inspect, and examine without prior notice or approval of any party, all premises where gaming equipment is manufactured, sold or distributed; (4) To inspect and 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, and inspect, examine, photocopy, and 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 inspect, examine, photocopy, and audit all relevant and material papers, books, and records of any affiliate of a licensed gaming establishment that the bureau 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; 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 bureau shall investigate the qualifications of each applicant under this chapter and make a recommendation to the commission before any license is issued. The bureau 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 or bureau regulations. (e) The bureau may recommend to the commission the denial of any application, the limitation, conditioning, restriction, sus- pension, or revocation of any license or approval, or the imposition of any fine or penalty upon any licensee. (f) The bureau 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. The bureau may maintain any other files and records as it deems appropriate. (g) Each employee of the bureau shall file with the executive director and the state ethics commission a statement of financial interest as defined in chapter two-hundred sixty-eight B. 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 bureau shall be permitted to place a wager in any establishment licensed by the commission except in the course of his duties. (i) No person employed by the bureau shall solicit or accept employment from a licensee, or represent any person or party other than the commonwealth before or against the bureau or the commission, for a period of three years from the termination of his office or employment with the bureau. (j) The bureau 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 bureau 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 bureau shall report same to the district attorney of the county within which the licensed gaming establishment is located and make available to said district attorney all relevant information on such activity. (k) The bureau, as it deems appropriate, may ask said district attorney to file a civil lawsuit to retrain a violation of this chapter or enforce any provision thereof. 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. (l) The bureau 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 bureau 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 of the bureau may recommend that the commission initiate proceedings or actions appropriate to enforce this chapter and the regulations promulgated thereunder.

Section 5. Licensing of Licensed operators; payment of Commissions.

(a) Notwithstanding the provisions of G.L. c. 137, G.L. c. 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, to operate a gaming establishment; and shall have the right to operate two thousand five hundred (2,500) electronic gaming devices, at a racing meeting licensee’s premises only; and, provided, further, that each of said licensees shall have the right to operate an equal number of electronic gaming devices. Said licensees shall pay a licensing fee of $50,000,000, half of which shall be due upon receipt of the license, and the rest of which shall be due in three equal installments of $8,333,333 on July 1 of each of the three subsequent years. Said licensees shall pay weekly to the Commission, on behalf of the Commonwealth, a percentage of net gaming revenues to be determined by the Commonwealth pursuant to the recommendation of the Commission, and from which weekly payment the Commission shall then allocate percentages (i) to be paid to the city or town in which each establishment is located, with each such city or town receiving two percent (2%) of said revenues; (ii) to the purse accounts at each of the respective licensees’ race tracks (iii) four-fifths of the remaining amount to be paid into the State Lottery Fund; (iv) and the balance of said sum after payment of the allocations shall be deposited in the General Fund. The remaining sums shall be retained by each licensee as its commission and, provided, further, that each such licensee shall in addition pay all taxes otherwise due and payable.

(b) The Commission shall grant one additional license to the Massachusetts Port Authority for the operation of no more than 250 electronic gaming devices in the international terminal of Logan International Airport; provided, that no license shall be granted unless the Authority complies with all relevant regulations promulgated by the Commission. The Authority may, in its discretion, contract with a vendor to provide gaming services, in which case the vendor shall pay to the Commonwealth a licensing fee of $5,000,000, half of which shall be due upon receipt of the license, and the rest of which shall be due in three equal installments of $833,333 on July 1 of each of the three subsequent years. No licensing fee shall be due if the Authority conducts the gaming operations itself. Nothing in this Section shall exempt the Authority from the weekly payments of a percentage of net gaming revenues set elsewhere in this Chapter.

(c) No person 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. 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.

(d) A person may apply to be a licensed operator by filing an application with the commission, the form and any accompanying application fees as the commission may establish. Information on the application will be used as the basis for a thorough background investigation which the bureau shall conduct with respect to each applicant. 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 five percent of the membership interests; in the case of a partnership, the names and addresses of al partners, both general and limited; and in the case of a trust, the names and addresses of all trustees and beneficiaries.

(e) Each operating entity shall identify, in its application, 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 except as otherwise permitted herein, no person other than a gaming establishment licensee here- under 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.

(f) 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 or bureau. (g) 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 or bureau.

Section 6. Records of Commission and Bureau Proceedings.

(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 open to public inspection. (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 bureau conducted pursuant to this chapter shall be made available by such agency to the commission or bureau as requested. However, 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 or bureau. (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 if it appears that a violation of any law related to gaming has occurred.

Section 7. Criminal Acts and Penalties; Age Restrictions.

(a) No official, member, employee, or agent of the commission or bureau, having obtained access to confidential records or infor- mation 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 ten thousand dollars or by imprisonment in the house of correction for not more than one 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 correction for not more than one year, or by a fine of not more than ten thousand dollars, or by both such imprisonment and fine.

(d) Any person under the age of twenty-one 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 one year, or by a fine of not more than one thousand dollars, 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 one year or pay a fine of not more than ten thousand dollars, or by both such imprisonment and fine. A subsequent violation of this

Section shall subject the licensee to imprisonment in the house of correction for not more than two years or pay a fine of not more than twenty-five thousand dollars or by both such imprisonment and fine.

(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 five years or by imprisonment in the house of correction for not more than two and one-half years, or by a fine of not more than ten thousand dollars, or by both such imprisonment and fine.

(f) Any person who willfully resists, prevents, impedes, interferes with, or makes any false, fictitious or fraudulent statement, or representation to the commission or the bureau of any of their agents or employees in the performance of duties pursuant to this chapter, shall be punished by imprisonment in the house of correction for not more than two years, or by a fine not more than five thousand dollars, or by both such imprisonment and fine.

(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 correction for not more than two and onehalf years, or by a fine of not more than ten thousand dollars, or by both such imprisonment and fine.

(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 correction for not more than two and one-half years, or by a fine of not more than ten thousand dollars, or by both such imprisonment and fine.

(i) Any former commissioner or commission or bureau 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 establish- ment shall be punished by a fine of not more than five thousand dollars or by imprisonment for not more than two and one-half years in the house of correction or by both such fine and imprisonment. Any licensee who knowingly employs a former commissioner or commission or bureau employee in violation of this sub Section 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 correction for not more than two years or by a fine of not more than four thousand dollars, or by both such imprisonment and fine.

(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 correction for not more than two years, or by fine of not more than five thousand dollars, or by both such imprisonment and fine.

(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 bureau or of the commission, may order that no new or additional license under this chapter be issued 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. Revenues.

(a) There is hereby established a gaming investigative account. Any and all reasonable expenses associated with the licensing of any applicant shall be borne by the applicant or licensee. Pursuant to its regulations, the commission shall require each applicant to deposit with the commission, together with the application, an application fee which shall be deposited in the gaming investigative account. Such fee shall constitute the anticipated costs and charges incurred in the investigation and processing of the application, and any additional sums as are required by the commission and the bureau to pay final costs and charges. Expenses may be advanced from the gaming investigative account by the commission to the bureau. Any money received from an applicant in excess of the costs and charges incurred in the investigation or the processing of the application shall be refunded pursuant to regulations adopted by the commission. At the conclusion of the investigation, the bureau shall provide the applicant a written accounting of the costs and charges so incurred.

Section 9. Disclosure requirements.

(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 bureau.

(b) All licensees shall have a duty to inform the commission and bureau of any action which they reasonably believe would constitute a violation of this chapter, and shall assist the commission and bureau 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 licensees’ 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 or the bureau shall be discriminated against by an applicant or licensee because of the supplying of such information.

Section 10. Recovery of Gaming Debts by Patrons.

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 bureau; or

(b) less than $500, the gaming establishment shall inform the patron of his right to request that the bureau conduct an investigation. The bureau 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 bureau 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 bureau or inform the patron as provided herein shall subject the establishment to disciplinary action. Any party aggrieved by the determination of the bureau 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.”

2nd Redraft OTHER 44

PRESERVING THE CONFIDENTIALITY OF INDIVIDUAL TAXPAYER INFORMATION

Ms. Spilka moved that the bill be amended by striking out Section 25 and inserting in place thereof the following:

SECTION 25. Said chapter 62C is hereby further amended by adding the following section:-
Section 88. (a)(1) Annually, not later than March 1, the administering agency head of each tax credit program shall submit a report to the commissioner on each tax credit program authorized for the previous calendar year which shall be a public record.
(2) The report shall contain the following information:
(i) the number of taxpayers authorized by the administering agency head to receive a tax credit;
(ii) the total amount of tax credit award and issued tax credit for each industry and each project, if applicable;
(iii) the date of the tax credit award or issued tax credit for each industry and each project; and
(iv) an aggregate summary of the employment data, by industry, provided by each taxpayer pursuant to subsection b(1). (3) The report shall contain an analysis of the impact of the tax credit on preserving and promoting the relevant industry in the commonwealth and employment in the relevant industry including, but not limited to, an analysis of the relevant industry's output, where applicable, and employment retained or increased in the relevant industry in the commonwealth for the calendar year, other benefits relevant to the specific goals of the tax credit program and other information that the commissioner may require.
(4) The report shall additionally include the following information relevant to the following specific tax credit programs:
(i) for the brownfields tax credit, an analysis of the impact of the brownfields tax credit program on the cleanup and development of contaminated properties;
(ii) for the dairy farmer tax credit, an analysis of the impact of the dairy farmer tax credit on preserving dairy farms and dairy farm employment including, but not limited to, an analysis of the dairy product output and the number, size in acreage and location of dairy farms receiving a dairy farm credit;
(iii) for the U.S.F.D.A. user fees credit, life sciences investment tax credit and the refundable research credit, an analysis of the impact of the program on preserving and increasing economic development and infrastructure for the calendar year;
(iv) for the film tax credit, an analysis of the impact of the film tax credit program on preserving or increasing film industry jobs and other benefits of the program;
(v) for the historic rehabilitation tax credit, an analysis of the impact of the program on preserving historic structures and other benefits of the program including, but not limited to, the employment created for the calendar year;
(vi) for the low-income housing tax credit, an analysis of the impact of the program on preserving or increasing low-income housing and other benefits of the program, including but not limited to, the number of low-income housing units placed in service for the calendar year; and
(vii) for the medical device tax credit, an analysis of the impact of the medical device tax credit program on preserving or increasing medical device industry jobs and other benefits of the program.
(b)(1) Annually, not later than February 15, each taxpayer receiving an authorized tax credit from the administering agency head in the previous calendar year shall submit a statement of jobs on a form provided by the administering agency head to the administering agency head containing the following information:
(i) the number of full-time employees working for the taxpayer on the date the administering agency head authorized the tax credit;
(ii) the average salary of the full-time employees identified in clause (i);
(iii) the number of part-time employees, identifying the part-time employees as either equal to or less than 20 hours per week employees or less than 35 hours but more than 20 hours per week employees, working for the taxpayer on the date the administering agency head authorized the tax credit and the number of part-time employees, identifying the part-time employees as either equal to or less than 20 hours per week employees or less than 35 hours but more than 20 hours per week employees, working for the taxpayer on December 31 of the calendar year in which the administering agency head authorized the tax credit;
(iv) the average salary of the employees working equal to or less than 20 hours per week and the average salary of employees working less than 35 hours but more than 20 hours per week as identified in clause (iii);
(v) the number of full-time employees working for the taxpayer on the date the administering agency head authorized the tax credit and the number of full-time employees working for the taxpayer on December 31 of the calendar year in which the administering agency head authorized the tax credit;
(vi) the average salary of the full-time employees identified in clause (v);
(vii) the average salary of the employees working equal to or less than 20 hours per week and the average salary of the employees working less than 35 hours but more than 20 hours per week as identified in clause (iii): and
(viii) other information required by the administering agency head to assist the agency head in assessing the impact of the tax credit program on the commonwealth and employment in the relevant industry and otherwise in meeting the goals of the relevant tax credit program.
(2) Annually, not later than March 1, the administering agency head shall submit to the commissioner, on a form prescribed by the commissioner, copies of the taxpayer job statements required by paragraph (1), with the report required by subsection (a). The commissioner shall provide this information on a government internet website for public disclosure.

OTHER 45

BUSINESS DEVELOPMENT TASK FORCE

Ms. Fargo moved that the bill be amended in Section 3, by adding the following Section:-

SECTION_______ “Section 1.

There shall be a business development advisory task force called the “ task force”, consisting of the secretary of the executive office of housing and economic development or his designee who shall serve as chair, the secretary of the commonwealth or his designee, the director of the securities division of the secretary of the commonwealth or his designee, the chief of the business and labor division of the department of the attorney general or his designee, the commissioner of the department of revenue, or his designee, the director of the department of business development or his designee, a representative of the Associated Industries of Massachusetts, and 5 other members that shall be appointed by the governor, one of whom shall be a chief executive officer or chief financial officer of a Massachusetts corporation that is traded publicly, one of whom shall be an attorney licensed in Massachusetts, with not less than 10 years of experience in corporate law, one of whom shall be a representative from an organization or association serving Massachusetts licensed certified public accountants, one of whom shall be a representative from an organization or association serving Massachusetts small businesses, and one of whom shall be a certified public accountant who is licensed in Massachusetts and has not less than 10 years experience in corporate or business accounting. The governor shall in a like manner fill any vacancy for the unexpired period. The members shall serve without specific compensation.

The task force shall study the laws of the commonwealth with respect to the legal requirements and policies for the creation, formation, structure and maintenance of business organizations. Such study shall include, the requirements and policies to incorporate foreign and domestic corporations and to create other business entities, the requirements to structure and maintain the legal status of such corporations and other business entities, state taxation of businesses, stockholder and ownership issues, governmental filing requirements and related fees and any other issues related to the formation and maintenance of such business entities.

As part of such study, the task force shall review and compare the business laws and practices of other states that have the largest number of business incorporations, foreign corporations or other business entities that have located in such state. In addition, the task force shall review any judicial structure that was specifically established for business related litigation in such states.

The task force shall make recommendations to the legislature for the enactment of laws to: promote and increase the formation of corporations and other business entities in the commonwealth; to promote and attract corporations or other businesses to establish a legal presence in Massachusetts; and to retain the legal presence of corporations and other business entities in Massachusetts.

Upon completion of its study, the task force shall submit a written report of its recommendations to the senate and house committees on ways and means committees no later than April 1, 2010.

The secretary of the executive office of housing and economic development shall provide meeting space, secretarial, clerical and such other services as he deems necessary to carry out the purposes of the task force. Said task force shall meet at least once a month until such report is submitted or the above listed date, whichever is first occurring.”

ADOPTED
RC #45 F [29 to 10]
REDRAFT OTHER 46

SALES TAX

Mr. Downing moved to amend the bill by inserting at the end thereof the following sections:-

SECTION __. Section 2 of chapter 64H of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 3, the word “five” and inserting in place thereof the following:- 6.25

SECTION __. Section 4 of said chapter 64H is hereby amended by striking out section 4 and inserting in place thereof the following new section:-

Section 4. For the purpose of adding and collecting the tax imposed by this chapter to be paid to the commonwealth or to be reimbursed to the seller by the purchaser, the tax computation must be carried to the third decimal place, and it must be rounded to a whole cent, rounding up to the next cent whenever the third decimal place is greater than 4. A seller may elect to compute the tax due on a transaction on an item or an invoice basis.

SECTION __. Section 30A of said chapter 64H is hereby amended by striking out the word “five” each time it appears and inserting in place thereof the following figure in each instance:- 6.25.

SECTION __. Section 2 of chapter 64I of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the word “five” and inserting in place thereof the following:- 6.25

SECTION __. Section 5 of said chapter 64I is hereby amended by striking out section 5 and inserting in place thereof the following new section:-

Section 5. For the purpose of adding and collecting the tax imposed by this chapter to be paid to the commonwealth or to be reimbursed to the seller by the purchaser, the tax computation must be carried to the third decimal place, and it must be rounded to a whole cent, rounding up to the next cent whenever the third decimal place is greater than 4. A seller may elect to compute the tax due on a transaction on an item or an invoice basis.

SECTION __. Section 31A of said chapter 64I is hereby amended by striking out the word “five” each time it appears and inserting in place thereof the following figure in each instance:- 6.25.

SECTION __. In the case of retail sales of gas, steam, electricity, or telecommunications services, billed on a recurring basis, the rate stated in sections 1 and 4 shall apply as of the first billing period starting on or after the effective date.

SECTION __. Chapter 29 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following new section:-

Section 2ZZZ. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Transportation Investment Fund to be used to improve the transportation system in the commonwealth. The fund shall not be subject to appropriation, and money remaining in the fund shall not revert to the General Fund at the end of the fiscal year.

The comptroller shall make monthly transfers from the General Fund to the Transportation Investment Fund totaling $275,000,000 in a fiscal year, according to a schedule developed annually by the comptroller in consultation with the secretary of administration and finance and the treasurer and receiver-general to minimize adverse impact on the Commonwealth’s cash flow.

The comptroller shall only be authorized to make transfers from the Transportation Investment Fund to any surface transportation-related authority, or to any other fund used by the Commonwealth or any such authority for toll and fare mitigation and other transportation-related purposes, as provided in this paragraph. Annually, the secretary of transportation and public works and the secretary of administration and finance shall issue a written schedule for transfers from the fund to the comptroller and the house and senate chairs of the committees on ways and means at least thirty days in advance of the first proposed scheduled transfer. The secretary of transportation and public works and the secretary of administration and finance may amend the schedule upon thirty days advance notice to the comptroller and the house and senate chairs of the committees on ways and means. Any schedule issued under this paragraph shall satisfy the following constraints:

No transfer shall be made to the Massachusetts Bay Transportation Authority or any fund controlled by said authority in a fiscal year unless an amount equal to at least 20% of that amount is also transferred to regional transit authorities organized under chapter 161B or predecessor statutes;
Annually, the schedule issued under this paragraph shall provide to the Massachusetts Turnpike Authority or its successor in interest at least the difference between the net revenues budgeted by the Authority in advance of a fiscal year for the metropolitan highway system, without any toll increases, and the net revenues budgeted by the Authority to be necessary to enable the Authority to satisfy the minimum coverage ratio on the metropolitan highway system bonds;
Notwithstanding clause (2), no transfer shall be made to the Massachusetts Turnpike Authority or its successor in interest or to funds controlled by said authority in the fiscal year in which said authority approves a toll increase on the metropolitan highway system, or the two following fiscal years;
Transfers shall be scheduled to minimize adverse impact on the commonwealth’s cash flow.
The final transfer to any transportation-related authority in a fiscal year shall be not later than two weeks before the end of that fiscal year.

SECTION __. Section 16 of chapter 62C of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 62, the words “sixty-four H or sixty-four I” and inserting in place thereof the following words:- 64H, 64I or 64L.

SECTION __. Section 31A of chapter 62C, as so appearing, is hereby amended by striking out, in line 5, the words “or section 17 of chapter 64I” and inserting in place thereof the following words:- section 17 of chapter 64I or section 8 of chapter 64L.

SECTION __. Subsection (g) of section 6 of chapter 64H of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the word “sixty-four F” the following:- and sixty-four L.

SECTION __. Subsection (h) of said section 6 of chapter 64H of the General Laws, as so appearing, is hereby amended by striking out the following sentence:- ““Food products” does not include meals consisting of any of the items defined as food products in this paragraph for consumption on or off the premises where sold.”

SECTION __. Said subsection (h) of section 6 of chapter 64H, as so appearing, is hereby further amended by striking out the second through fifth paragraphs, inclusive.

SECTION __. The General Laws are hereby amended by inserting after chapter 64K the following chapter:-
CHAPTER 64L.
EXCISE ON MEALS

Section 1. As used in this chapter, the following words shall have the following meanings:-

“Gross receipts”, the total sales price received by a vendor as a consideration for the sale of meals at a restaurant.

“Honor snack tray”, a vending arrangement in which only candy or snacks are available in an open tray for the benefit of employees in an establishment that normally does not sell food or food products and for which payment is made on the honor system.

“Meals”, a food or beverage, or both, prepared for human consumption and provided by a restaurant for consumption on or off the restaurant premises, including food or beverages sold on a "take out'' or "to go'' basis, whether or not they are packaged or wrapped and whether or not they are taken from the premises of the restaurant.

“Purchaser”, a person who purchase meals at a restaurant, the receipts from the sale of which are taxable under this chapter and includes a buyer, vendee, lessee, licensee, or grantee.

“Restaurant”, an eating establishment wherein food, food products or beverages are provided and for which a charge is made including, but not limited to, a cafe, lunch counter, private or social club, cocktail lounge, hotel dining room, catering business, tavern, diner, snack bar, dining room, vending machine and any other place or establishment wherein food or beverages are provided, whether stationary or mobile, temporary or permanent; provided, however, that a delicatessen, grocery, market or bakery store shall not be considered eating establishment within the meaning of this chapter except for any part thereof which engages in the sale of dinners, luncheons, barbecued chicken, other than barbecued chicken sold whole and unsliced, sandwiches, snacks, pizzas and other similar items which are commonly sold at snack bars, coffee shops or lunch counters; provided further, no such store shall be deemed a restaurant under this chapter based solely on the preparation and sale of prepared meat, poultry and fish items if the sales of such meat, poultry and fish items constitute less than a major portion of the total sales of such store; and provided further, that a vending machine or honor snack tray shall not be considered an eating establishment within the meaning of this chapter if it sells only snacks or candy with a sales price of less than $3.50; and provided further, that a bed and breakfast establishment or bed and breakfast home, as defined in chapter 64G, shall not be considered an eating establishment within the meaning of this chapter where the value of the breakfast served is included in the rent subject to tax under said chapter 64G.

“Sale”, shall mean a sale of meals by a restaurant for any purpose other than resale in the regular course of business.

“Vendor”, a retailer or other person selling tangible personal property or services of a kind the gross receipts from the retail sale of which are required to be included in the measure of the excise imposed by this chapter.

Section 2. An excise is hereby imposed upon the sale of meals at a restaurant in the commonwealth by any vendor at the rate of 5 per cent of the gross receipts of the vendor from the sale of restaurant meals, except as otherwise provided in this chapter. The excise shall be paid to the commissioner at the time provided for filing the return required by section 16 of chapter 62C.

Section 3. Reimbursement for the excise hereby imposed shall be paid by the purchaser to the vendor, and each vendor in the commonwealth shall add to the sales price and shall collect from the purchaser the full amount of the excise imposed by this chapter; or an amount equal as nearly as possible or practicable to the average equivalent thereof; and such excise shall be a debt from the purchaser to the vendor when so added to the sales price, and shall be recoverable at law in the same manner as other debts.

Section 4. For the purpose of adding and collecting the excise imposed by this chapter to be paid to the commonwealth or to be reimbursed to the seller by the purchaser, the excise computation must be carried to the third decimal place, and it must be rounded to a whole cent, rounding up to the next cent whenever the third decimal place is greater than 4. A seller may elect to compute the excise due on a transaction on an item or an invoice basis.

Section 5. Upon each sale of a meal by a restaurant taxable under this chapter, the amount of excise collected by the vendor from the purchaser shall be stated and charged separately from the sales price and shown separately on any record thereof at the time the sale is made, or on any evidence of sale issued or used by the vendor, but in the instance of the sale of alcoholic beverages for on premise consumption, the excise collected need not be stated separately.

Section 6. (a) The following sales and the gross receipts there from shall be exempt from the tax imposed by this chapter:-
(i) Sales exempt under subsection (cc) of section 6 of chapter 64H.
(b) The following food or beverages sold by a restaurant for consumption off the restaurant premises shall not be deemed to be a meal for the purposes of this chapter:-- (i) Food sold by weight, liquid or dry measure, count, or in unopened original containers or packages, including, but not limited to, meat, bread, milk, specialty foods, cream and ice cream; provided, that such foods are commonly sold in such manner in a retail food store which is not a restaurant; (ii) Beverages in unopened original containers or packages when sold as a unit having a capacity of at least 26 fluid ounces; and (iii) Bakery products including but not limited to doughnuts, muffins, bagels, and similar items sold in units of six or more. Prepared meals, snacks, sandwiches, food platters, poultry, fish or meat items, or other food combinations, to the extent that such items are sold by a restaurant whose principal business is the preparation or sale of such items in such form as to be available for immediate consumption without further significant preparation, whether for on or off premise consumption, shall not be excluded under clause (i), (ii), or (iii).

Section 7. No person shall do business in this commonwealth as a vendor unless a registration shall have been issued to him for each place of business in accordance with section 67 of chapter 62C.

Section 8. Every person who fails to pay to the commissioner any sums required by this chapter shall be personally and individually liable therefor to the commonwealth. The term “person”, as used in this section, includes an officer or employee of a corporation, or a member or employee of a partnership or limited liability company, who as an officer, employee or member is under a duty to pay over the taxes imposed by this chapter.

Section 9. Any vendor who has paid to the commissioner an excise under this chapter upon a sale for which credit is given to the purchaser and such account is later determined to be worthless shall be entitled to reimbursement without interest of the excise paid to the commissioner on such worthless account. Such claim for reimbursement, covering the amount of excise paid on accounts determined to be worthless in the vendor’s prior fiscal year, shall be filed on or before the due date, including extensions of the federal income tax return (or annual federal filing in the case of an exempt organization) for such prior fiscal year. Any vendor, who shall recover, in whole or in part, upon an account previously determined to be worthless for which reimbursement had been received, shall report and include the same in his return for the period during which the recovery occurred.

And, in Section 2, in item 0321-1500 by striking the figure “$25,480,533” and inserting in place thereof the following:- “$28,645,024”

And, in said Section 2, in item 0321-1510 by striking the figure “$122,100,783” and inserting in place thereof the following:- “$125,370,957”

And, in said Section 2, in item 0321-1520 by striking the figure “$9,967,165” and inserting in place thereof the following:- “$13,532,500”

And, in Section 2 in item 0321-1600 by striking the figure “$6,000,000” and inserting in place thereof the following:- “$8,000,000”

And, in said Section 2 in item 0321-2205 by striking the figure “$933,737” and inserting in place thereof the following:- “$1,506,704”

And, in said Section 2, in item 0330-0300 by striking the figure “$188,762,543” and inserting in place thereof the following:- “$196,762,543”

And, in said Section 2, in item 0339-1001 by striking the figure “$151,331,833” and inserting in place thereof the following:- “$153,331,833”

And, in said Section 2, in item 0511-0270 by striking the figure “$1,073,736” and inserting in place thereof the following:- “$2,073,736”

And, in said Section 2, in item 0521-0000 by striking the figure “$2,264,031” and inserting in place thereof the following:- “$3,179,907”

And, in said Section 2, in item 0526-0100 by striking the figure “$600,000” and inserting in place thereof the following:- “$750,000”

And, in said Section 2, in item 0640-0300 by striking the figure “$5,392,945” and inserting in place thereof the following:- “$9,692,945”

And, in said Section 2, in item 0940-0100 by striking the figure “$1,793,587” and inserting in place thereof the following:- “$2,293,587”

And, in said Section 2, by striking out item 1108-5200 and inserting in place thereof the following item:-
1108-5200 For the commonwealth’s share of the group insurance premium and plan costs incurred in fiscal year 2010; provided, that notwithstanding any general or special law to the contrary, funds in this item shall not be available during the accounts-payable period of fiscal year 2010, and any unexpended balance in this item shall revert to the General Fund on June 30, 2010; provided, that the secretary of administration and finance shall charge the division of unemployment assistance and other departments, authorities, agencies and divisions which have federal or other funds allocated to them for this purpose for that portion of insurance premiums and plan costs as the secretary determines should be borne by such funds and shall notify the comptroller of the amounts to be transferred, after similar determination, from the several state or other funds and amounts received in payment of all such charges or such transfers shall be credited to the General Fund; provided further, that funds may be expended from this item for the commonwealth’s share of group insurance premium and plan costs provided to employees and retirees in prior fiscal years; provided further, that the group insurance commission shall report quarterly to the house and senate committees on ways and means the amounts expended from this item for prior year costs; provided further, that the group insurance commission shall obtain reimbursement for premium and administrative expenses from other agencies and authorities not funded by state appropriation; provided further, that the secretary of administration and finance may charge all agencies for the commonwealth’s share of the health insurance costs incurred on behalf of any employees of those agencies who are on leave of absence for a period of more than 1 year; provided further, that the amounts received in payment for the charges shall be credited to the General Fund; provided further, that notwithstanding section 26 of chapter 29 of the General Laws, the commission may negotiate, purchase and execute contracts before July 1 of each year for policies of group insurance as authorized by chapter 32A of the General Laws; provided further, that notwithstanding chapter 150E of the General Laws and as provided in section 8 of chapter 32A and for the purposes of section 14 of said chapter 32A, the commonwealth’s share of the group insurance premium for state employees who retired before July 1, 1994, shall be 90 per cent and the commonwealth’s share of the group insurance premium for state employees who retired on or after July 1, 1994, shall be 85 per cent; provided further, that the commonwealth’s share of the group insurance premium for active employees upon retirement shall be 85 per cent; provided further, that the commonwealth’s share of the group insurance premiums for active state employees and their dependants shall be 75 per cent; provided further, that the commission shall notify the house and senate committees on ways and means by March 15 of each year of the cost of the commonwealth’s projected share of group insurance premiums for the next fiscal year; and provided further, that the group insurance commission may pay premium and plan costs for municipal employees and retirees who are enrolled in the group insurance commission’s health plans pursuant to the commission’s regulations...................... $893,000,000

And, in said Section 2, in item 1120-4005 by striking the figure “$516,742” and inserting in place thereof the following:- “$866,742”

And, in said Section 2, in item 1310-1000 by striking the figure “$1,459,270” and inserting in place thereof the following:- “$1,809,270”

And, in said Section 2, in item 1410-0012 by striking the figure “$1,481,985” and inserting in place thereof the following:- “$1,738,686”

And, in said Section 2, in item 1410-0250 by striking the figure “$2,000,000” and inserting in place thereof the following:- “$2,083,073”

And, in said Section 2, in item 2010-0200, by striking the figure “$275,000” and inserting in place thereof the following figure:- “$475,000”;

And, in said Section 2, in item 2260-8870, by striking the figure “$14,419,520” and inserting in place thereof the following figure:- “$15,419,520”;

And, in said Section 2, in item 2511-0105, by striking the figure “$8,445,000” and inserting in place thereof the following figure:- “$12,000,000”;

And, in said Section 2, in item 2820-0101, by striking the figure “$1,291,621” and inserting in place thereof the following figure:- “$1,541,621”;

And, in said Section 2, in item 3000-5000 by striking the figure “$6,500,000” and inserting in place thereof the following:- “$8,000,000”

And, in said Section 2, in item 3000-5075 by striking the figure “$4,000,000” and inserting in place thereof the following:- “$8,000,000”

And in Section 2, by inserting after item 3000-6000 the following item:
3000-6075 For early childhood mental health consultation services in early education and care programs in the commonwealth; provided, that preference shall be given to those services designed to limit the number of expulsions and suspensions from these programs; and provided further, that eligible recipients for these grants shall include community partnership councils, municipal school districts, regional school districts, educational collaboratives, head start programs, licensed child care providers, child care resource and referral centers and other qualified entities $1,000,000

And, in said Section 2, in item 3000-7000 by striking the figure “$9,188,407” and inserting in place thereof the following:- “$11,188,407”

And in Section 2, by inserting after item 3000-7000 the following item:
3000-7050 For grants to local entities to provide services to children from birth to school age and their parents including early literacy services............................................................... $3,000,000

And, in said Section 2, by inserting after item 4000-0050, the following items:-
4000-0112 For matching grants to boys’ and girls’ clubs, YMCA and YWCA organizations, nonprofit community centers, and youth development programs to be administered by the executive office of health and human services................................................................... $1,500,000

4000-0265 For a primary care workforce development and loan forgiveness grant program at community health centers, for the purpose of enhancing recruitment and retention of primary care physicians and other clinicians at community health centers throughout the Commonwealth; provided, that the grant shall be administered by the Massachusetts League of Community Health Centers in consultation with the secretary of the executive office of health and human services and relevant member agencies; provided further, that the funds shall be matched by other public and private funds; and provided further, that the League shall work with said secretary and said agencies to maximize all sources of public and private funds....................................... $850,000

And, in Section 2, in item 4000-0300, by striking out the words “provided further, that notwithstanding any general or special law the contrary, the executive office shall not include non-emergency dental services for adults or adult day habilitation services within MassHealth covered services for fiscal year 2010;”;

And, in said Section 2, in item 4000-0500, by inserting after the words “expressly stated herein;” the following words:- “provider further, that funds may be expended from this item to enhance the ability of hospitals, community health centers, and primary care clinicians to serve populations in need more efficiently and effectively; and provided further, that the executive office shall maximize federal reimbursements for state expenditures made to these providers;” and further amends said item by striking the figure “$3,387,802,427” and inserting in place thereof the following:- “$3,470,718,878”;

And, in said Section 2, in item 4000-0600, by striking the figure “$2,092,930,703” and inserting in place thereof the following:- “$2,142,253,485”;

And, in said Section 2, in item 4000-0700, by inserting after the words “administration and finance;” the following words:- “provided further, that funds shall be expended from this item to enhance the ability of hospitals, community health centers, and primary care clinicians to serve populations in need more efficiently and effectively; provided further, that the executive office shall maximize federal reimbursements for state expenditures made to these providers;” and further amends said item by striking the figure “$1,555,687,856” and inserting in place thereof the following:- “$1,615,191,229”;

And, in said Section 2, in item 4000-0950, by striking the figure “$43,495,650” and inserting in place thereof the following:- “$68,000,000”;

And, in Section 2, in item 4110-0001 by striking the figure “$994,233” and inserting in place thereof the following:- “$1,014,054”

And, in Section 2, in item 4110-3010 by striking the figure “$2,061,837” and inserting in place thereof the following:- “3,045,455”

And, in Section 2, in item 4120-2000 by striking the figure “8,300,864” and inserting in place thereof the following:- “$10,599,024”

And, in Section 2, in item 4120-4010 by striking the figure “$262,679” and inserting in place thereof the following:- “801,551”

And, in said Section 2, in item 4400-1001 by striking the figure “$1,708,431” and inserting in place thereof the following:- “$2,408,431”

And, in said Section 2, in item 4400-1100 by striking the figure “$53,607,404” and inserting in place thereof the following:- “$54,607,404”

And, in said Section 2, in item 4408-1000 by striking the figure “$74,658,966” and inserting in place thereof the following:- “$84,658,966”

And, in Section 2, after item 4510-0100, by inserting the following item:-
4510-0110 For community health center services......................................................... $1,000,000

And, in Section 2, after item 4510-0710, by inserting the following item:-
4510-0715 For the operation of a center for primary care recruitment and placement to improve access to primary care services; provided, that funds may be expended for primary care workforce development and loan forgiveness grant program...................................... $500,000

4510-0716 For the operation of an evidence-based outreach and education program designed to provide information and education on the therapeutic and cost-effective utilization of prescription drugs to physicians, pharmacists and other health care professionals authorized to prescribe and dispense prescription drugs....................................................................................... $250,000

And, in Section 2, in item 4512-0103 by striking the figure “34,371,702” and inserting in place thereof the following:- “35,335,527”

And, in Section 2, in item 4512-0200 by inserting at the end:- “and provided further, that funds may be expended for programs that received funding in fiscal year 2009” and further amends said item by striking the figure “63,526,397” and inserting in place thereof the following:- “76,526,397”

And, in Section 2, after item 4512-0200, by inserting the following 3 items:-
4512-0201 For substance abuse step-down recovery services, otherwise known as level B beds and services, and other critical recovery services with severely reduced capacity; provided, that no funds shall be expended in the AA object class............................................................. $4,800,000

4512-0202 For 2 pilot jail diversion programs primarily for nonviolent offenders with OxyContin or heroin addiction to be procured by the department of public health; provided, that each program shall have at least 60 beds and shall provide clinical assessment services to the respective courts, inpatient treatment for up to 90 days and ongoing case management services for up to one year; provided further, that individuals may be diverted to this or other programs by a district attorney in conjunction with the office of the commissioner of probation if: (a) there is reason to believe that the individual being diverted suffers from an addiction to OxyContin or heroin, or other substance use disorder; and (b) the diversion of an individual is clinically appropriate and consistent with established clinical and public safety criteria; provided further, that both programs shall be established in separate counties and a location deemed suitable by the department of public health; provided further, that the department of public health shall coordinate operations with county sheriffs, the district attorneys, the office of the commissioner of probation and the department of correction; provided further, that not more than $500,000 may be used to support the ongoing treatment needs of clients post 90 days for which there is no other payer; and provided further, that the department of public health shall provide an annual report to the joint committee on mental health and substance abuse and the house and senate committees on ways and means as to the outcomes of the program and the cost of operations $6,000,000

4512-0203 For family intervention and care management services programs, a pilot young adult treatment
program, and early intervention services, for individuals who are dependent on or addicted to alcohol or controlled substances, or both alcohol and controlled substances. …$2,000,000

And, in Section 2, in item 4513-1002 by striking the figure “12,560,150” and inserting in place thereof the following;- “13,565,092”

And, in Section 2, in item 4513-1020 by striking the figure “23,054,904” and inserting in place thereof the following:- “25,554,904”

And, in Section 2, in item 4513-1026 by striking the figure “2,819,444” and inserting in place thereof the following:- “3,069,444”

And, in Section 2, in item 4513-1130 by striking the figure “4,058,264” and inserting in place thereof the following:- “5,058,264”

And, in Section 2, after item 4590-1503, by inserting the following item:-
4590-1506 For a competitive grant program to be administered by the department of public health to support the establishment of a comprehensive youth violence prevention program; provided, that eligibility shall be determined by the criteria set forth in item 4590-1506 of section 2 of Chapter 182 of the Acts of 2008; provided further, that no grants shall be awarded to law enforcement agencies; provided further, that funds shall be considered one-time and grants shall not annualize in fiscal year 2011; provided further, that administrative costs for successful grant applications shall not exceed 3 per cent of the value of the grant; provided further, that no grant funds shall be expended on food or beverages; provided further, that the department of public health shall report to the house and senate committees on ways and means and the executive office of administration and finance not later than November 1, 2009, detailing the grant amount awarded to each recipient and a description of each grant; and provided further, that each grant recipient shall provide the department of public health with a comprehensive list of best practices that have been instituted as a result of these grants............................................................................. $2,000,000

And, in said Section 2, in item 4800-0030 by striking the figure “$12,602,759” and inserting in place thereof the following:- “$14,102,759”

And in item 4800-0038 by inserting at the end the following: “and provided further, that funds shall be expended on community based support and education programs helping low-income, female headed families break the cycle of poverty" and further amends said item by striking "301,484,364" and inserting in place thereof the following figure: "$303,204,549”

And, in said Section 2, in item 4800-1400 by striking the figure “$20,827,410” and inserting in place thereof the following:- “$21,925,460”

And, in Section 2, in item 5042-5000 by striking the figure “69,699,953” and inserting in place thereof the following:- “72,199,953”

And, in Section 2, in item 5046-0000 by striking the figure “368,329,611” and inserting in place thereof the following:- “374,329,611”

And, in Section 2, in item 5920-2025 by striking the figure “91,988,888” and inserting in place thereof the following:- “116,988,888”

And, in Section 2, in item 5920-3000 by striking the figure “23,521,184” and inserting in place thereof the following:- “42,521,184”

And, in Section 2, after item 5920-3010, by inserting the following item:-
5920-5000 For services to clients of the department who turn 22 years of age during state fiscal year 2010; provided further, that the department shall report to the house and senate committees on ways and means not later than January 2, 2009 on the use of any funds encumbered or expended from this item including, but not limited to, the number of clients served in each region and the types of services purchased in each region ........................................................... $5,000,000

And, in Section 2, in item 5930-1000 by striking the figure “164,355,936” and inserting in place thereof the following:- “166,355,936”

And, in said Section 2, in item 7000-9401 by striking the figure “$12,341,160” and inserting in place thereof the following:- “$14,591,160”

And, in said Section 2, by inserting before item 7002-0101 the following item:-
7002-0012 For a youth-at-risk program targeted at reducing juvenile delinquency in high risk areas of the commonwealth; provided, that these funds may be expended for the development and implementation of a year-round employment program for at-risk youth as well as existing year-round employment programs; provided further, that $500,000 of these funds shall be matched by private organizations; and provided further, that funds shall be available for expenditure through September 1, 2010................................................................................... $4,000,000

And, in said Section 2, in item 7003-0701, by striking the figure “$5,000,000” and inserting in place thereof the following figure:- “$10,000,000”

And, in said Section 2, in item 7003-0803 by striking the figure “$4,694,467” and inserting in place thereof the following:- “$5,435,698”

And, in said Section 2, in item 7004-0101, by striking the figure “$82,612,510” and inserting in place thereof the following figure:- “$91,605,510”;

And, in said Section 2, in item 7004-0102, by striking the figure “$37,361,684” and inserting in place thereof the following figure:- “$37,481,684”;

And, in said Section 2, in item 7004-9005, by striking the figure “$62,000,000” and inserting in place thereof the following figure:- “$65,300,000”;

And, in said Section 2, in item 7004-9024, by striking the figure “$17,997,096” and inserting in place thereof the following figure:- “$27,997,096”;

And, in said Section 2, in item 7004-9033, by striking the figure “$3,000,000” and inserting in place thereof the following figure:- “$4,000,000”;

And, in said Section 2, in item 7004-9316, by striking the figure “$2,000,000” and inserting in place thereof the following figure:- “$5,000,000”;

And, in said Section 2, by inserting after item 7007-0100 the following item:-
7007-0150 For equal grants to the eight regional economic development corporations, councils and partnerships across the commonwealth........................................................................... $800,000

And in said Section 2, in item 7007-0900 by striking out the word “and” after the words “advertising services;”

And, in said Section 2, in item 7007-0900, by inserting after the words “capital funds” the following:- “provided further, that not less than $1,250,000 of the amount appropriated herein shall be expended for the operation and administration of the Massachusetts Sports and Entertainment Commission; provided, however, that the Massachusetts Sports and Entertainment Commission shall be the official and lead agency to facilitate and attract major sports events and championships in the commonwealth; and provided further, that the Massachusetts Sports and Entertainment Commission shall establish a division within the commission which shall be the official and lead agency to facilitate motion picture production and development within the commonwealth”

And, in said Section 2, in item 7007-0900 by striking the figure “$6,483,636” and inserting in place thereof the following:- “$7,733,636”

And, in said Section 2, in item 7007-0951 by striking the figure “$5,100,000” and inserting in place thereof the following:- “$6,100,000”

And, in said Section 2, by inserting after item 7007-0951 the following item:-
7007-1000 For assistance to regional tourist councils under section 14 of chapter 23A of the General Laws; provided, that notwithstanding any general or special law or rule or regulation to the contrary, each of the councils may expend an amount not to exceed 20 per cent of the funds appropriated in this item for the cost of administrative services............................................. $6,000,000

And, in said Section 2, in item 7010-0033 by striking the figure “$3,475,489” and inserting in place thereof the following:- “$4,175,489”

And, in said Section 2, by inserting after item 7061-0008 the following item:-
7061-0011 For a reserve to: (1) meet extraordinary increases in the minimum required local contribution of a municipality pursuant to the requirements of section 3 of this act; provided, that a municipality seeking funds hereunder shall apply for a waiver from the department of revenue pursuant to section 40 of this act; provided further, that the commissioner shall issue a finding concerning such waiver applications within 30 days of the receipt thereof, after consulting with the commissioner of elementary and secondary education regarding the merits of such application; (2) assist regional school districts which, prior to fiscal year 2010, have assessed member towns using the provisions of their regional agreement, and which, in fiscal year 2010, will assess member towns using the required contributions calculated pursuant to section 3; (3) assist towns impacted by stresses in the commercial agricultural, fishing or lobster industry whose required local contribution exceeds 75 per cent of their foundation budget; (4)assist towns negatively impacted by shortfalls in federal impact aid for the education of children in families employed by the federal government on military reservations located within the town's limits; provided, that any grants provided under this item shall be expended by a school committee without further appropriation; (5) assist regional school districts in rural areas which meet each of the following: (a) they have fewer than 30 full-time enrollment students per square mile; and (b) they have experienced more than 7 per cent enrollment decline between fiscal year 2004 and fiscal year 2009; provided further, that preference shall be given to those districts that have joined the group insurance commission before July 1, 2009; (6) meet extraordinary increases of greater than 10 per cent in a municipality’s total required contribution in municipalities whose target required local contribution exceeds 70 per cent of their foundation budget; provided, that not less than $500,000 shall be used for this purpose; (7) to assist towns in which in excess of one-third of the total land mass of the town is owned and controlled by the commonwealth and which receive payment in lieu of taxes on less than 25 per cent of said land; (8) assist operating districts in which the chapter 70 aid, so-called, distributed in fiscal year 2010 is less than the chapter 70 aid distributed in fiscal year 02; and (9) assist towns which host a campus of the University of Massachusetts, but which have a target aid percentage of only 17.5%; provided further, that any grants provided to school districts from this item shall be expended by a school committee without further appropriation; provided further, that the department shall make not less than 80 per cent of the awards from this item not later than October 14, 2009; and provided further, that no funds distributed from this item shall be considered prior year chapter 70 aid nor shall they be used in the calculation of the minimum required local contribution for fiscal year 2011….$3,500,000

And, in said Section 2, in item 7061-0012 by striking the figure “$105,113,160” and inserting in place thereof the following:- “$141,113,160”

And, in said Section 2, in item 7061-9412 by striking the figure “$13,972,375” and inserting in place thereof the following:- “$15,672,375”

And, in said Section 2, by inserting after item 7061-9611 the following item:-
7061-9612 For school of excellence programs at the Worcester Polytechnic Institute and the University of Massachusetts at Lowell….$1,300,000

And, in said Section 2, by inserting after item 7061-9612 the following item:-
7061-9614 For the alternative education grant program established pursuant to section 1N of chapter 69 of the General Laws; provided, that the commissioner shall allocate funds for both subsections (a) and (b) of said section 1N of said chapter 69; and provided further, that no funds shall be expended for personnel costs….$200,000

And, in said Section 2, in item 7061-9626 by striking the figure “$670,000” and inserting in place thereof the following:- “$1,500,000”

And in Section 2, by inserting after item 7066-0015 the two following items:
7066-0019 For the department of higher education to make payments to public higher education institutions for the dual enrollment program allowing qualified high school students to take college courses; provided, that public higher education institutions may offer courses in high schools in addition to courses offered at the institutions or online if the number of students is sufficient $750,000

7066-0020 For the nursing and allied health workforce development initiative, to develop and support strategies that increase the number of public higher education faculty members and students who participate in programs that support careers in fields related to nursing and allied health; provided, that the amount appropriated in this item shall be transferred to the Nursing and Allied Health Workforce Development Trust Fund established by section 33 of chapter 305 of the acts of 2008; provided further, that funds shall be transferred to the Trust Fund according to an allotment schedule adopted by the executive office for administration and finance; and provided further, that the department of higher education shall provide monthly expenditure reports to the executive office of administration and finance and the house and senate committees on ways and means................................................................................................................. $1,000,000

And, in said Section 2, in item 7066-0025 by striking the figure “$84,024,779” and inserting in place thereof the following:- “$89,024,779”

And, in said Section 2, in said item 8100-0000, by striking out the figure “$226,222,904” and inserting in place thereof the following:- “$231,222,904”

And, in said Section 2, after item 8100-0101, by inserting the following item:-
8100-0111 For a grant program to be known as the “Senator Charles E. Shannon, Jr. Community Safety Initiative”, to be administered by the executive office of public safety and security, to support regional, multidisciplinary approaches to combat gang violence through coordinated programs for prevention and intervention, coordinated law enforcement, including regional gang task forces and regional crime mapping strategies, focused prosecutions and reintegration strategies for ex-convicts; provided, that the secretary of public safety and security shall distribute grant funds through a competitive grant program that gives preference to applications that: (a) demonstrate high levels of youth violence, gang problems and substance abuse in a region; (b) demonstrate a commitment to regional, multijurisdictional strategies to deal with such community safety issues, including written commitments for municipalities, law enforcement agencies, community-based organizations and government agencies to work together; (c) clearly outline a comprehensive plan for municipalities to work with law enforcement, community-based organizations and government agencies to address gang activity; (d) make a written commitment to match grant funds with a 25 per cent match provided by either municipal or private contributions; and (e) identify a local governmental unit to serve as fiscal agent; provided further, that clusters of municipalities, in partnership with nonprofit organizations and other agencies, including district attorney’s offices, may apply for such funds; provided further, that such funds shall be considered one-time and grants awarded to public agencies and shall not annualize into fiscal year 2010 or subsequent years; provided further, that administrative costs for successful grant applications shall not exceed 3 per cent of the value of the grant; provided further, that no grants shall be awarded to the department of state police; provided further, that no grant funds shall be expended on food or beverages; provided further, that the executive office of public safety and security shall publish guidelines and an application for the competitive portion of the grant program not later than August 15, 2009; provided further, that awards shall be made to applicants not later than December 15, 2009................................................................................................................. $6,500,000

And, in said Section 2, in said item 8400-0001, by striking out the figure “$41,400,708” and inserting in place thereof the following:- “$42,400,708”

And, in said Section 2, by striking out item 8900-0001 and inserting in place thereof the following item:-
8900-0001 For the operation of the commonwealth’s department of correction; provided, that the department shall expend not less than $1,010,500 for cities and towns hosting facilities; provided further that before closing any correctional facility, the commissioner of corrections and the secretary of public safety and security shall report to the house and senate committees on ways and means and the joint committee on public safety on the per-inmate cost of incarceration in the closing facility, and the per-inmate cost in the facilities to which inmates will be moved; provided further, that in an effort to monitor and reduce current levels of over-classification, the department of correction shall provide quarterly reports to the joint committee on public safety and the house and senate committees on ways and means with data on the number of prisoners at each security level; and provided further, that the department may expend funds appropriated in this item for the administration of budgetary, procurement, fiscal, human resources, payroll and other administrative services of the parole board and the sex offender registry board… $526,173,015

And, in said Section 2, in item 9110-1455, by striking the figure “$30,000,000” and inserting in place thereof the following:- “$40,000,000”;

And, in said Section 2, in item 9110-1555, by striking the figure “$177,694,425” and inserting in place thereof the following:- “$189,694,425”;

And, in said Section 2, in item 9110-9002, by striking the figure “$7,463,424” and inserting in place thereof the following:- “$8,615,068”;
And by striking out sections 16 and 17;

And, in Section 74, by striking subsection (d)

And, in Section 76, by striking the figure “$557,455,535” and inserting in place thereof the following:- “$567,955,535”;

OTHER 47

WITHDRAWN

OTHER 48

Four Day Work Week

Mr. Tisei moves that the bill be amended by adding at the end thereof the following section:-
“Notwithstanding any special or general law to the contrary the secretary of administration and finance shall select one agency or department, or a subset thereof to administer a pilot program utilizing a four-day extended hour work week. Said pilot program shall be administered for at minimum six-months and at the end thereof the secretary shall issue a report to the house and senate committees on ways and means detailing any savings from fixed cost reductions or any other savings, as well as impacts on personnel.”

Rejected
RC #42 C [9 to 30]
Redraft OTHER 49

RELATIVE TO THE EXCISE TAX ON GASOLINE

Ms. Creem moved that the bill be amended in Section X by adding the following new sections:

SECTION __. Section 1 of Chapter 64A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking, in paragraph (l), the words “’Tax per gallon’, shall be 21 cents per gallon” and inserting in place thereof the following:-

“Tax per gallon”, shall be thirty-two cents per gallon, provided however that beginning on July 1, 2011, and on the first of July each year thereafter, the tax per gallon shall be adjusted by the percent change in inflation as determined and certified by the commissioner as set forth in the following sentence and the resulting tax per gallon shall then be computed to the nearest tenth of a cent per gallon. On or prior to April 30, 2011, and each April 30 thereafter, the commissioner shall determine the inflation adjustment, if any, to be applied to the tax per gallon as determined for the prior year, as the percentage change, rounded to the nearest tenth of one percent, of the change in the average consumer price index for all consumers for Boston as determined by the Bureau of Labor Statistics of the United States Department of Labor for the most recent 12-month period ending prior to the rate determination month compared to the average consumer price index for the same 12-month period in the preceding year.

SECTION __. Said chapter 64A, as most recently amended by section 4 of chapter 206 of the acts of 2008, is hereby further amended by striking out section 13 and inserting in place thereof the following section:-

Section 13. All sums received from the excise imposed on aviation fuel, and related penalties, forfeitures, interest, costs of suits and fines, less all amounts for reimbursement under sections 7 and 7A, shall be credited to the Highway Fund, referred to in this section as the “Fund”, and may be used for airport development projects approved and carried out at airports and landing facilities under 49 U.S.C. App. § 2210; and all other sums received under the excise imposed in section 4, and relative penalties, forfeitures, interest, costs of suits and fines, less all amounts for reimbursement under said sections 7 and 7A, shall be credited as follows, according to the following distributions:-

(a) For the first $0.21 per gallon collected:-

(i) 99.85 percent shall be credited to the Fund to be used for transportation-related purposes; and (ii) 0.15 percent shall be credited to the Inland Fisheries and Game Fund, established by section 2C of chapter 131.

(b) For the second $0.10 per gallon collected:-

(i) $0.04 for the maintenance and operation of the assets owned by the Massachusetts turnpike authority on the effective date of this act, which amounts shall be distributed to the authority for so long as it shall continue to exist and thereafter shall remain in the Fund but shall be dedicated for such purposes; and (ii) $0.06 to the Massachusetts bay transportation authority;

(c) For any remaining amounts collected, 100 percent shall be credited to the Fund to be used for transportation-related purposes

OTHER 50

WITHDRAWN

OTHER 51

WITHDRAWN

REDRAFT OTHER 52

OXYCONTIN AND HEROIN COMMISSION

Mr. Tolman moved that the bill be amended by inserting after Section 96 the following new Section: -
“SECTION XX. Section 56 of Chapter 302 of the Acts of 2008 is hereby amended by striking out the following language:-
“and 5 members to be appointed by the governor; 1 of whom shall be a representative from the bureau of substance abuse services; 1 of whom shall be a representative from the Massachusetts District Attorneys Association; 1 of whom shall be the chair of the department of psychiatry at the University of Massachusetts Medical School; 1 of whom shall be a representative from the trial court; and 1 of whom shall be a representative from the department of correction,”
and by inserting in place thereof the following:-
“and 8 members to be appointed by the governor; 1 of whom shall be a representative from the bureau of substance abuse services; 1 of whom shall be a representative from the Massachusetts District Attorneys Association; 1 of whom shall be the chair of the department of psychiatry at the University of Massachusetts Medical School; 1 of whom shall be a representative from the trial court; 1 of whom shall be a representative from the department of correction; 1 of whom shall be the executive director of the interagency council on substance abuse and prevention; 1 of whom shall be a representative from the office of community corrections and 1 of whom shall be a representative from the department of mental health.”
And be amended further by striking out the text “January 1, 2009,”and inserting in place thereof the following: - “October 1, 2009.”

OTHER 53

Restoring DSS Respite Funding

Mr. Tisei moved to amend the bill in section two, in item 0411-1000, by striking the figure “$4,952,646” and insert in place there of figure “$3,952,646”;
and further moved to amend section 2, in item 1100-1100, by striking the figure “$3,153,173“ and inserting in place thereof the figure”$3,059,102”;
and further moved to amend section 2, in item in item 2000-0100, by striking the figure “$6,382,555“ and inserting in place thereof the figure “$6,032,555”;
and further moved to amend section 2, in item 4100-0060 by striking the figure $17,449,078” and inserting in place thereof the figure “$12,836,110”;
and further moved to amend section 2, in item 4510-0100, by striking the figure “$18,575,757” and inserting in place there of figure “$17,051,539”;
and further moved to amend section 2, in item 5920-3000, by striking the figure “$23,521,184” and inserting in place thereof the figure “$38,613,923.;
and further moved to amend the bill by striking item 7002-0100 in its entirety;
and further moved to amend section 2, in item by striking 7009-6379 in its entirety;
and further moved to amend section 2, in item 8950-0001, by striking the figure “$18,572,321” and inserting in place thereof the figure “$17,582,149”;
and further moved to amend section 2, in item in item 9110-0100, by striking the figure “$2,404,526“ and inserting in place thereof the figure”$2,143,395”.

OTHER 54

WITHDRAWNRejected
RC #40 A [11 to 28]
Redraft OTHER 55

Income Tax

Ms. Chang-Díaz , Mr. Eldridge, Mr. McGee, Ms. Fargo, and Ms. Jelhen moved that the bill be amended by adding the following section:

SECTION XX: Section 1. Chapter 62, Section 4(b) is hereby amended in line 11 by striking out the words “5.3 per cent” and inserting in place thereof: “5.95 per cent” and in line 12 by striking “2002” and inserting in place thereof: “2010”.

Section 2. Said subsection is hereby further amended in line 16 by striking “2001” and inserting in place thereof: “2009”.

REDRAFT OTHER 56

WAGE AND HIRING FREEZE

Mr. Tisei moved that the bill be amended by inserting, after Section __, the following new Section: -
“SECTION __. Notwithstanding any special or general law to the contrary no department or agency of the commonwealth may increase the compensation of any employee in excess of an employee’s compensation rate as of June 30, 2009. In addition, no department or agency may fill any vacancy, unless said vacancy is deemed critical to public safety, and a letter to such effect is transmitted to the secretary of administration and finance prior to the hiring of any new employee and said communication is returned with a signed approval by said secretary. This section shall expire on July 1, 2010.”

FURTHER OTHER 56.1

WITHDRAWN

OTHER 57

AUTOMOBILE SALES TAX EXEMPTION

Mr. Tisei moved that the bill be amended by inserting, after Section __, the following new Section: -
“SECTION __. Notwithstanding any special or general law to the contrary the excise levied on the sale of motor vehicles pursuant to section 25 of chapter 64H of the general laws shall be at the rate of three percent of the gross receipts for six-months from the date of the passage of this act.”

Further OTHER 57.1

Further amending amendment 57

Mr. Downing moved that the bill be further amended in amendment 57 by adding the following new section:- “Notwithstanding any special or general law to the contrary, the provisions of this section shall not take effect until such time as the department of revenue has furnished a study of its impact on the state’s economy and revenue cost to the commonwealth and its cities and towns, including, but not limited to, a distributional analysis showing the impact on taxpayers of varying income levels, the current practice of other states, any anticipated change in employment and ancillary economic activity to the joint committee on revenue and until legislation has been filed and passed pursuant to Part 2, Chap. 1, Sec. 1, Art. II of the Constitution.”

OTHER 58

MUNICIPAL FISCAL RESPONSIBILITY

Mr. Tisei moved that the bill be amended in Section 3 by inserting after the first paragraph the following:-
“Any city or town receiving funds from the distribution of the balance of the State Lottery Fund, pursuant said section 35 of chapter 10, shall not enter into any new collective bargaining agreements under chapter 150E of the General Laws, or into any new contracts with any other employee, that would provide an increase in compensation in the forms of wages or salaries for the fiscal year ending June 30, 2010. Any city or town receiving funds under this section that executes agreements or contracts with employees that include provisions for an increase in compensation for the fiscal year ending June 30, 2010 over that compensation in effect for the fiscal year ending June 30, 2009, shall have deducted from the its fourth quarterly payment received pursuant to said section 35 of chapter 10 for the fiscal year ending June 30, 2010, a total amount equal to the total increase in compensation under any executed agreements or contracts over that compensation paid in the previous fiscal year.”

OTHER 59

PENSION LOOPHOLES

Mr. Tisei moved that the bill be amended by inserting, after Section __, the following new Section: -
“SECTION __. Section 10 of chapter 32 of the general laws is hereby repealed.”

OTHER 60

SALES TAX HOLIDAY

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

“SECTION __. Chapter 64H of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after section 6 the following section:-

Section 6A. The commissioner shall, on July 15 of each year, designate a two-day weekend within the second week of August during which no excise shall be imposed upon non-business sales at retail in the commonwealth of tangible personal property, as defined in section 1 of this chapter. For the purposes of this section, tangible personal property shall not include telecommunications, tobacco products subject to the excise imposed by chapter 64C, gas, steam, electricity, motor vehicles, motorboats, meals, or any single item whose price is in excess of $2,500. On such weekend, no vendor in the commonwealth shall add to the sales price or collect from any non-business purchaser an excise upon sales at retail of tangible personal property. The commissioner shall not require any vendor to collect and pay excise upon sales at retail of tangible personal property purchased on the designated weekend, but any excise erroneously or improperly collected during these two days shall be remitted to the department of revenue. Any reporting requirements imposed upon vendors of tangible personal property, by law or by regulation, including, but not limited to, the requirements for filing returns required by chapter 62C, shall remain in effect for sales for the two designated days. On or before December 31 of each year, the commissioner shall certify to the comptroller the amount of sales tax revenue forgone due to the operation of this section. The commissioner shall issue a report, detailing by fund the amounts under general and special laws governing the distribution of revenues under chapter 64H which would have been deposited in each fund, notwithstanding this section. The commissioner shall issue any instructions or forms, or promulgate any rules or regulations, deemed necessary to carry out this section.”

Further OTHER 60.1

Further amending amendment 60

Mr. Downing moved that the bill be further amended amendment 60 by striking the language and inserting in its place thereof:-

"Section XX. The department of revenue is hereby authorized and directed to conduct a study to determine the impact on revenue that would otherwise be collected from the excise under 64H from the implementations of a yearly two-day weekend that would exempt non-business sales at retail in the commonwealth of tangible personal property."

A copy of said study shall be submitted on or before December 1st of each year to the clerks of the house of representatives and the senate.”

OTHER 203

ATV Title Amendment

Mr. Michael M. Moore moved that the bill be amended by the addition of the following:

Chapter 90B is hereby amended by adding a new section which shall require recreational vehicles as defined under Chapter 90B section 20 to pay a title fee of $25 to the Department of Environmental Law Enforcement. The Director of the Department shall be required to promulgate regulations relative to title requirements for recreational vehicles to go into effect within one year from the date of passage. Revenue from said title fees shall be retained by the Department of Environmental Law Enforcement for use by the Department. Of the revenue collected twenty-five percent shall be dedicated to the Department of Conservation and Recreation to be used for trail maintenance programs.

REDRAFT OTHER 484

Substance Addiction Treatment

Ms. Walsh moved that the bill be amended in Section new Section

SECTION ____. Section 6 of chapter 64H of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 72, the words “and one hundred and thirty-eight.”

OTHER 680

Umass Lowell Hurricane Modeling Center

Mr. O'Leary moved that the bill be amended by adding at the end thereof the following new section:

SECTION XX (a) There shall be a Center for Hurricane Research, hereinafter referred to as the center, at the University of Massachusetts at Lowell. The center shall employ such expert, clerical, or other assistants as the work of the center may require. For the purpose of carrying out its duties as set forth in this section the center may expend such funds as may be appropriated to the University of Massachusetts at Lowell. The cost of the establishment, maintenance, and operations of the center shall be borne by the private insurers and assessed by the Division of Insurance.

(b) The center shall develop criteria for hurricane loss projection models and methodologies that are specific to Massachusetts and may from time to time adopt revisions to these criteria. In establishing the criteria, the center shall consider any models, model software, methods, principles, standards, data, inputs, manuals, validation studies and output ranges that have the potential for improving the accuracy of or reliability of the hurricane loss projections used in homeowners’ insurance rate filings. The criteria developed under this subsection shall be based on actual data on Massachusetts construction practices, codes, and buildings. Criteria developed by the center for this purpose shall be a public record.

(c) Insurers filing rates for approval by the commissioner shall submit to the center all hurricane models, model software, methods, principles, standards, data, inputs, manuals, validation studies and output ranges relevant to the insurer’s hurricane loss projection model or methodology that is intended to be used during a rate proceeding on an insurer’s rate filing in advance of the rate proceeding. The center shall review the accuracy or reliability of particular models, model software, methods, principles, standards, data, inputs, manuals, validation studies and output ranges submitted to the center by insurers and shall make recommendations relative to the accuracy and reliability of the particular models, model software, methods, principles, standards, data, inputs, manuals, validation studies and output ranges submitted to the center by insurers using the criteria developed by the center under subsection (b). The center shall have discretion to review findings made by similar centers, commissions, or regulatory bodies and to focus on those aspects of the hurricane loss projection methodologies submitted to the center by insurers that are specific to Massachusetts. All models, model software, methods, principles, standards, data, inputs, manuals, validation studies and output ranges shall be submitted to the center for review within a reasonable period of time, as determined by the center, prior to being admitted as evidence during a rate proceeding before the commissioner of insurance. If any insurer fails to submit any item or items required by the center under this subsection, the commissioner shall direct the insurer to remove the hurricane loss projection from its filing.

(d) There shall be a rebuttable presumption that the recommendations made by the center relative to the accuracy or reliability of particular models, model software, methods, principles, standards, data, inputs, manuals, validation studies and output ranges submitted to the center by insurers shall be considered by the commissioner to be relevant evidence in a rate proceeding on an insurer’s rate filing, provided, however that an exemption from the disclosure of trade secrets to the public may apply as set forth in subsection (e).

(e) A trade secret used in designing and constructing a hurricane loss model or methodology, provided by an insurer to the center under subsection (c), is confidential and shall not be deemed a public record, as defined in clause Twenty-sixth of section 7 of chapter 4. The center shall maintain custody of any records made confidential by this paragraph using a secure location or website. That portion of a rate proceeding on an insurer’s rate filing at which a trade secret is discussed shall be deemed confidential and not open to disclosure under the open meetings law, but may be discussed at a closed meeting as provided for in section 11A ½ of chapter 30A. Employees, volunteers, and students of the center will be bound not to disclose information made confidential.

(f) The center may form a multi-state center with the states of Rhode Island, Connecticut and any other interested state in furtherance of the goals of this section.

OTHER 715

EFFICIENT ADMINISTRATION OF BOARDS OF REGISTRATION

Ms. Fargo moved that the bill be amended in Section 3, by adding the following Section:-

SECTION ____. “Section 1. Chapter 13 of the General Laws is hereby amended by inserting after section 9C the following section:

Section 9D. Notwithstanding any other general or special law to the contrary, a board of registration and examination under the jurisdiction of the division of professional licensure may by regulation extend for an additional year, the initial term and renewal term of any professional or business license that such board is authorized to issue, subject to the provisions of this section, provided that no such initial or renewal term shall exceed a period of 3 years with the period so extended. A board of registration and examination of said division shall not extend the term of a license issued under that board’s jurisdiction, if such additional year period would pose a significant risk to the health, safety and welfare of public. The authority of a board to extend any license term by regulation under this provision shall be subject to the prior written approval of the director or executive officer of the department of consumer affairs and business regulation and with the advice and recommendation of the director of the division of professional licensure. In the event a board extends the term of a license under this paragraph, the fee for such term shall be adjusted by adding the pro-rated amount of the fee for a 1 year period based on the term and fee in effect immediately prior to such extension. Subject to the prior approval of said director or executive officer, a board shall be authorized to alter, by regulation, any continuing educational requirement for the renewal of a license, provided that any such change is adopted in conjunction with the extension of the renewal term of such license and the change will maintain the general level of standard of continuing education as previously required, for such renewal period as extended.”

REDRAFT Other 716

Relative to Life Science Funding

Mr. Montigny moves to amend the bill after section 2, by adding the following:-

“Section xx. SECTION 13 of Chapter 130 of the Acts of 2008, is hereby amended by striking subsections (c), (d), and (e) from Section 5.”

OTHER 717

WITHDRAWN

OTHER 719

FEDERAL MEDICAID ASSISTANCE PRECENTAGE ESCROW FUND

Ms. Chandler moved that the bill be amended by inserting, after Section _____, the following new Section: -

SECTION X. Notwithstanding any general or special law to the contrary, the comptroller shall deposit fiscal relief funds generated by the increased federal Medicaid assistance percentage received from the federal government during fiscal years 2009, 2010, and 2011 pursuant to the American Recovery and Reinvestment Act of 2009, to the Federal Medicaid Assistance Percentage Escrow Fund, which shall be established and set up on the books of the commonwealth as a separate account and be subject to appropriation. Amounts credited to the Federal Medicaid Assistance Percentage Escrow Fund, shall be expended by the Executive Office of health and Human Services to fulfill the requirements of section 128 of Chapter 58 of the acts of 2006, to restore Medicaid payment reductions to health care providers made in fiscal year 2009, to prevent further payment reductions to health care providers in fiscal year 2010, and to restore and prevent further cuts to other state health care programs.”

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