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Rejected
ECO 30
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-
“SECTION __. Notwithstanding any general or special law to the contrary, the Secretary of Administration and Finance shall pursue any and all opportunities for the sponsorship or naming of state assets and facilities for compensation that the Secretary deems appropriate and that is not otherwise prohibited by law. To this end the Secretary shall issue request for proposals not later than September 1, 2010 and as often as the Secretary deems necessary thereafter. Not later than January 1, 2011 the Secretary shall file reports with the House Committees on Ways and Means and the Senate Committee on Ways and Means detailing proceeds generated through sponsorships or naming rights and the details of any contracts entered into for such purposes.”
Mr. McGee moved that the bill be amended by
inserting after section ___ the following new section:-
“SECTION ___ The General Laws are hereby amended by inserting after chapter 149, section 147H the following section:-
SECTION 147I
INDEPENDENT CONTRACTORS
(a) An individual whose work is performed solely in his/her place of residence shall be exempt from the requirements of M.G.L. c. 149, 148B(a)(2), but not sections (a)(1) and (a)(3). This section does not apply to individuals who work with or for the individual.
(b) The exception provided in paragraph (a) of this section shall not apply to an individual who has been coerced, threatened or intimidated into establishing an independent business nor shall it apply to individuals who telecommute or work remotely from home.
(c) Each individual seeking this exemption shall register with the Secretary of State and shall be issued without a fee. The registration shall contain, at a minimum, the following information: name of the individual seeking the exemption, the nature of the independently established business, the address of the residence at which the work is performed and proof that the address listed is the applicant's legal residence. The Secretary of State shall issue regulations necessary to ensure registration under this section. The document shall be typewritten, printed or in such other form as the Secretary of State shall prescribe. The document shall be executed by the individual seeking the exemption. The registration shall be renewed every three years.
ECO 261
WITHDRAWN
ECO 263
WITHDRAWN
ECO 264
WITHDRAWN
ECO 265
WITHDRAWN
ECO 266
WITHDRAWN
ECO 268
JOINT LABOR-MANAGEMENT COMMITTEE
Mr. Michael O. Moore moved that the bill be amended by the addition of the following new section:-
Section X. Chapter 589 of the Acts of 1987, is hereby
amended in Section 4A by inserting after the words “International Brotherhood
of Police Officers, NAGE, SEIU” the words “New England PBA, I.U.P.A., AFL-CIO”
ECO 269
BABY'S BREATH CRISIS NURSERY
Mr. Michael O. Moore moved that the bill be amended, in section 2, in item 4800-0038, by adding at the end thereof the following: “provided further that $125,000 be expended Baby’s Breath Crisis Nursery for protective child care services”; and in said item, by striking out the figure “295, 282, 464” and inserting in place thereof the figure “295,427,464”
ECO 270
FAIR SHARE CONTRIBUTION
Mr. Michael O. Moore moved that the bill be amended by the addition of the following new section:
Section X. Subsection (b) of
section 188 of Chapter 149 of the General Laws as appearing in the 2008
Official Edition, is hereby amended by adding the following sentence:-
“Any employee who has health
care coverage via a qualifying health insurance plan from a spouse, parent,
veteran’s plan, Medicare, Medicaid or a plan or plans due to a disability or
retirement shall not be included in the calculation for the fair share employer
contribution.”
ECO 271
LIFE SCIENCES CONTINUING MEDICAL EDUCATION
CONFERENCES
Mr. Michael O. Moore moved that the bill be amended by the addition of the following new section:-
Section X. Section 2 of Chapter 111N is hereby amended by striking subsections 1(c), 3, 4, 5 and 6.
ECO 272
CENTROS LAS AMERICAS
Mr. Michael O. Moore moved that the bill be amended, in section 2, in item 7003-0702, by adding at the end thereof the following: “provided further that $150,000 be expended for the Centros Las Americas”
ECO 273
MASS MANUFACTURING EXTENSION PARTNERSHIP
Mr. Michael O. Moore moved that the bill be amended, in section 2, in item 7003-0605, by striking out the figure “325,000” and inserting in place there of the figure “900,000”
ECO 274
LABOR FAIR SHARE
Mr. Michael O. Moore moved that the bill be amended by the addition of the following new section:-
Section X. The second paragraph of section 12 of chapter 150E of the General Laws, as
appearing in the 2006 Official Edition, is hereby amended by adding the following subparagraph:-
If an
agency service fee is not negotiated in the collective bargaining agreement the
fair share provision shall apply to any employee who chooses not to join the
union by paying to the union a percentage equal for negotiations for wages,
benefits and working conditions and grievance and arbitration rights. Failure
of an employee to pay the fair share provision shall exclude him from any and
all relief of the collective bargaining agreement with the exception of the
negotiated COLA increases.
ECO 275
WITHDRAWN
ECO 276
URBAN LEAGUE OF SPRINGFIELD PARENT EMPOWERMENT PROGRAM
Ms. Candaras moved that the bill be amended, in section 2, in item 7003-0702, by inserting at the end thereof the following:-
“provided further that not less than $150,000 be expended on the Urban League of Springfield’s Parent Empowerment Program”
ECO 277
THE "X" MAIN STREET CORPORATION
Ms. Candaras moved that the bill be amended, in section 2, in item 7004-0099 by inserting at the end thereof the following:-
“provided further that not less than $75,000 be expended for the “X” Main Street Corporation in Springfield”
ECO 278
SPRINGFIELD TECHNICAL ASSISTANCE PROGRAM
Ms. Candaras moved that the bill be amended, in section 2, in item 7004-0099 by inserting at the end thereof the following:-
“provided further, that no less than $200,000 be expended for the Springfield Technical Assistance Program run by the Affiliated Chambers of Commerce of Greater Springfield”
ECO 279
SPRINGFIELD SYMPHONY ORCHESTRA
Ms. Candaras moved that the bill be amended, in section 2, in item 7007-0900, by inserting at the end thereof the following:-
ECO 280
YOUTH JOB PROGRAMS
Mr. Hart moved that the bill be amended, in section 2, in item 7002-0012, by striking out the figures “$4,000,000” and inserting in place thereof the figures “$8,000,000”.
ECO 281
MASSACHUSETTS CAREER DEVELOPMENT INSTITUTE
Ms. Candaras moved that the bill be amended, in section 2, in item 7003-0702, by inserting at the end thereof the following:-
“provided that not less than $250,000 be expended on the Massachusetts Career Development Institute”
ECO 282
SPIRIT OF SPRINGFIELD
Ms. Candaras moved that the bill be amended, in section 2, in item 7007-0900, by inserting at the end thereof the following:-
“provided further that not less than $100,000 be expended for the Spirit of Springfield”
ECO 283
LOWER PIONEER VALLEY EDUCATIONAL COLLABORATIVE
Ms. Candaras moved that the bill be amended, in section 2, in item 7003--0702, by inserting at the end thereof the following:-
“provided further that not less than $100,000 be expended for the Lower Pioneer Valley Educational Collaborative”
ECO 284
HUNGRY HILL COMMUNITY DEVELOPMENT CORPORATION
Ms. Candaras moved that the bill be amended, in section 2, in item 7004-0099, by inserting at the end thereof the following:-
ECO 285
WITHDRAWN
ECO 286
TUFTS CUMMINGS SCHOOL
Mr. Michael O. Moore moved that the bill be amended, in section 2, by striking out item 7077-0023 and inserting in place thereof the following item:-
7077-0023 For a contract with the Tufts School of Veterinary Medicine; provided, that funds appropriated in this item shall be expended for supportive veterinary services provided to the commonwealth; provided further, that prior year costs may be paid from this item; and provided further, that funds appropriated in this item shall support bioterrorism prevention research related to diseases that can be transmitted from animals to humans in consultation with Massachusetts emergency authorities; provided further, that not less than $500,000 shall be expended for a program in collaboration with a community college to educate and train veterinary technicians .................. $3,000,000
ECO 287
WEST BROADWAY TASK FORCE
Mr. Hart moved that the bill be amended, in section 2, in item7004-0099 by inserting after the word “rehabilitation program” the following:-
“;provided further, that not less than $95,000 shall be expended to the Boston Housing Authority for a program to provide certain tenant services for the West Broadway Task Force in the South Boston section of the city of Boston”
ECO 288
YEAR UP INC.
Mr. Hart moved that the bill be amended, in section 2, in item 7003-0701, by inserting after the words “result of training” the following:- “; provided further, that not less than $100,000 shall be expended to provide employment, training and job placement by Year Up, Inc. of Boston”
Redraft ECO 289
Mr. Hart moved that the bill be amended, in section 2, in item 7004-0102 by striking out the figure, “$37,292,252” and inserting in place thereof the figure, “$37,643,335”
ECO 290
CONTINUATION OF PROGRAMS
Mr. Hart moved that the bill be amended by striking out (g) in outside section 116
ECO 291
RESTAURANT REJUVENATION III
Mr. Petruccelli, Ms. Creem, and Messrs. Morrissey and
Michael Moore moved that the bill be amended by inserting,
after section ____, the following new section:-
“SECTION. XX. Chapter 305 of the Acts of 2008 is amended in section 14,
subsection 2(1)(c) by adding after the word “setting” the words “or a
restaurant licensed pursuant to chapter 140 of the General Laws; or”
ECO 292
LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
Mr. Petruccelli moved that the bill be amended, in section 2, by inserting after item 7004-0104 the following item:-
“7004-1000 For the purposes of providing advanced funding no later than 30 days after the start of the fiscal year to community based nonprofit organizations and other entities that administer the federal Low Income Home Energy Assistance Program described in item 7004-2033 to allow said organizations and entities to begin start up operations of the federal Low Income Home Energy Assistance Program described in item 7004-2033;
provided, that the department and said organizations and entities may expend a portion of these funds for reasonable administrative costs consistent with the current or prior year's state plan submitted by the department of housing and community development in accordance with the federal program;
provided further that, that the department and said organizations and entities may, after November 1, expend a portion of these funds to assist low-income elders, working families and other households with the purchase of heating oil, propane and natural gas and electricity and other primary or secondary heating sources;
provided further that, said advanced funding be subject to reimbursement by funds described in item 7004-2033.............$10,000,000.”
ECO 293
HOUSING STABILIZATION
Mr. Petruccelli moved that the bill be amended, in section 2, in item 7004-3036, by adding at the end thereof the following: “; provided further, that not less than $141,000 shall be expended for Just-A-Start Corporation to administer a housing stabilization and conflict management program to prevent homelessness”
ECO 295
SUMMER JOBS
Messrs. Knapik, Tisei, and Tarr moved that the bill be amended by inserting the following new section:-
Section X: section 1 of Chapter 151 of the General Laws is hereby repealed and replaced with the following:-
Section 1. It is hereby declared to be against public policy for any employer to employ any person in an occupation in this commonwealth at an oppressive and unreasonable wage as defined in section two, and any contract, agreement or understanding for or in relation to such employment shall be null and void. A wage of less than $8.00 per hour, in any occupation, as defined in this chapter, shall conclusively be presumed to be oppressive and unreasonable, wherever the term “minimum wage” is used in this chapter, unless the commissioner has expressly approved or shall expressly approve the establishment and payment of a lesser wage under the provisions of sections seven and nine; provided, further, that an employer may pay an employee who is under the age of 19 and is employed between June 1 and August 31 a wage of no less than $6.00 an hour for the first 90 consecutive days of the employees employment within those dates; provided further, that the hiring of any employees under the age of 19 does not displace other workers.
ECO 296
STATE RACING COMMISSION
Mr. Timilty moved that the bill be amended, in section 2, in item 7006-0110, by striking it in its entirety and inserting in place thereof the following:-
7006-0110 For the operation of the state racing commission, provided that all those employees of the state racing commission who are employed on June 1, 2010, are hereby transferred to the Massachusetts Gaming Commission or the appropriate successor agency, without interruption of service within the meaning of MGL c. 30, Section 9J, without impairment of seniority, civil service permanency, retirement or other rights of the employee, and without reduction in compensation or salary grade, and benefits, and without change in union representation or certified collective bargaining unit. Any collective bargaining agreement in effect immediately before the transfer date shall continue in effect and the terms and conditions of employment therein shall continue as if the employees had not been transferred........................$1,600,253
ECO 297.1
Mr. Pacheco moved amendment number 297 be amended by inserting at the end there off the following new text:-
“SECTION:_____. SECTION 1. Chapter 6 of the General Laws is hereby amended by striking out section 48, as appearing in the 2008 Official Edition, and inserting in place thereof the following section:-
Section 48. The state lottery and gaming commission shall oversee and execute the duties of chapter 128, chapter 128A and any other general or special law involving the state racing commission.
SECTION 2.The General Laws are hereby amended by striking out chapter 12B.
SECTION 3. Section 23 of chapter 10 of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “state lottery commission” and inserting in place thereof the following words:- state lottery and gaming commission.
SECTION 4.Said chapter 10 of the General Laws is hereby amended by inserting after section 24A, as so appearing, the following section:-
Section 24B. Notwithstanding any general or special law to the contrary, the commission is shall implement chapter 10A, chapter 128A, and chapter 128C, any special or general law that pertains to chapter 10A, chapter 128A, and chapter 128C, and any special or general law as it pertains to live and simulcast racing, to exercise all powers granted thereunder, and to promulgate all rules and regulations necessary thereof.
When exercising its duties under chapter 10A, chapter 128A, and chapter 128C, the commission shall comply with the following:
(a) Except as otherwise provided herein, meetings of the commission shall be subject to sections 11A and 11A1/2 of chapter 30A. A quorum shall be the chairman and not less than 2 other members of the commission. A public record of every vote shall be maintained at the division of racing and gaming.
(b) The commission shall conduct hearings in accordance with the provisions of chapter 30A, provided, however, that clause 3 of section 11 of chapter 30A shall not apply. The commission may issue subpoenas for the attendance of witnesses or the production of any records, books, memoranda, documents, or other papers, or things, at or prior to any hearing as is necessary to enable the commission to discharge its duties, and may administer oaths or affirmations as necessary in connection therewith. The commission may petition the superior court for an order requiring compliance with any subpoena at issue.
(c) The commission may require any person to apply for a license as provided in this chapter and approve or disapprove any such application or other transactions, events, and processes as provided in this chapter. Any application to receive any license under this chapter shall constitute a request for a determination of the applicant's general character, integrity, and ability to participate or engage in, or be associated with, gaming.
(d) The commission shall make an annual report of its activities to the general court by March 31, for the prior calendar year.
(e) The commission shall prohibit any license from being assigned either in whole or in part.
(f) The commission may issue regulations providing for a fine or penalty or interest on such fine or penalty, upon any gaming licensee, for violation of this chapter. The commission may approve or disapprove transactions and events as provided in this chapter, take actions reasonably designed to ensure that no unsuitable persons are associated with controlled gaming, and take actions reasonably designed to ensure that gaming activities take place only in suitable premises.
(g) The commission shall, pursuant to sections 2 and 3 of chapter 30A, promulgate regulations necessary to carry out the powers and the provisions of this chapter, chapter 128A, and chapter 128C; and specifically shall promulgate regulations as to the following matters:
(1) the licensing of gaming establishments, including regulations relating to the types of establishments, application process, background checks, license fees, bonding requirements, and revocation and suspension of licenses;
(2) the licensing of gaming suppliers, including regulations relating to the application process, background checks, license fees, bonding requirements, and revocations and suspension of licenses;
(3) the licensing of parties in interest, including regulations relating to the application process, background checks, license fees, bonding requirements, and revocation and suspension of licenses;
(4) the issuance of one or more classes of work permits, including regulations relating to the application process, background checks, fees, and revocation and suspension of work permits;
(5) the licensing of gaming schools, if any such school is established in the commonwealth, including regulations relating to the application process, background checks, license fees, and revocation and suspension of licenses;
(6) the licensing of all officers and directors of any entity which holds or applies for a license under this chapter, including regulations relating to application process, background checks, licensee fees, and revocation and suspension of licenses; and regulations requiring that, if in the judgment of the commission the public interest will be served by requiring any of the individual stockholders, key executives, agents or other employees of any entity which holds or applies for a license under this chapter to be licensed, such individuals apply for a license under this paragraph;
(7) the monitoring of licensees to ensure compliance with this chapter and the regulations promulgated thereunder;
(8) the presentation and/or display of all licenses and work permits;
(9) the registration and licensing of non-gaming suppliers;
(10) the method for collecting any fines, fees, penalties and interest imposed by the commission;
(11) the method and standards of operation of licensed gaming establishments including, but not limited to, games, the type and manner of gaming, wagering limitations, odds, and hours of operation; provided, however, the commission shall not restrict the number of hours of operation of any licensed gaming establishment to fewer hours than of any competing licensed gaming establishment
(12) the manufacturing, distribution, sale, testing, servicing, and inspection of gaming equipment, including requirements for the identification and licensing of same;
(13) any limitations on mortgage security interests and agreements relating to the property of licensed gaming establishments;
(14) any limitations on transfers of interests in licenses;
(15) advertising by licensed gaming establishments; provided, however, licensees shall have the right to conduct reasonable advertising consistent with that of competing gaming facilities, and the State Lottery;
(16) the manner in which winnings, compensation from games, and gaming devices must be compiled and reported by the commission, provided, further, electronic gaming devices shall return as winnings at a minimum 85% of all sums wagered.
(17) standards for protection of the health, safety, and security of the public at licensed gaming establishments;
(18) the minimum procedures to be adopted by each licensed gaming establishment to exercise effective supervisory and management control over its fiscal affairs, including the requirement of an annual audit undertaken in accordance with generally accepted accounting principles, and the requirement that quarterly reports be provided by licensed gaming establishments to the commission no more than 30 days after the close of each quarter;
(19) the persons to be excluded or ejected from licensed gaming establishments, including the type of conduct prohibited;
(20) the distribution of funds for the treatment of compulsive gambling behavior;
(21) the licensing and regulation of central computer system provider, which services electronic gaming devices and on and off site auditing of said electronic gaming devices; provided that, the commission shall ensure that the central computer system shall employ a widely accepted gaming industry protocol to facilitate slot machine manufacturers’ ability to communicate with the statewide system; and provided further, that said central computer system selected by the commission shall be prohibited from providing electronic gaming devices, or any other form of player activated terminal for use in connection with said central computer system.
(22) whether and under what conditions persons under age 21 may be permitted to enter facilities with electronic gaming devices.
(h) In emergencies, the commission may, without complying with sections 2 or 3 of chapter 30A, summarily adopt, amend, or repeal any regulation, if, at the time, the commission makes a finding that such action is necessary for the preservation of the public peace, health, safety, morals, good order, or general welfare, together with a statement of the facts constituting the emergency; provided, however, all such emergency actions shall not exceed 90 days.
(i) Each operating license shall be issued for an initial term of 5 years, and may be renewed at the discretion of the commission for a term not to exceed 5 years; provided further, that the commission shall set a renewal fee on the license of not less than $25,000,000.
(j) Any failure of a licensee to comply with this chapter, chapter 10A, chapter 128A or chapter 128C or any regulation of the commission may result in the suspension limitation, or revocation of the license, as determined by the commission. The commission shall promulgate rules and regulations, which shall include but not limited, the process by which a licensee’s license can be revoked, the process by which a licensee can appeal, the length of time of the suspension or limitation, and the scope of limitations on the license of type for the suspension,
(k) A gaming establishment license issued pursuant to this chapter must be posted by the licensee and kept posted at all times in a conspicuous place in the area where gaming is conducted in the establishment for which the license is issued until it is replaced by a succeeding license.
(l) The voluntary surrender of a license by a licensee does not become effective until accepted in a manner to be provided in the regulations of the commission. The surrender of a license does not relieve the former licensee of any fees, penalties, fines, taxes or interest due.
(m) No person or entity licensed as a licensed gaming operator, gaming establishment or racing meeting licensee, under chapter 10A, chapter 128A or chapter 128C, shall be permitted to transfer a direct or indirect real interest, personal interest, pecuniary interest, including, but limited to, substantial party in interest and affiliates defined under section 2 of chapter 10A, in the interests of the licensee’s corporate governing structure, including those defined under chapter 108A, chapter 109, chapter 155, chapter 156, chapter 156A, chapter 156B, chapter 156C and chapter 156D and those entities established under the rules and regulations of the Secretary of State, the licensee’s establishment, licensee’s structure, licensee’s real property, licensee’s premise or licensee’s facility, or enter into an option contract, management contract, or other agreement or contract providing for such transfer in the present or future, without the notification and approval the commission, and the commission may require either the transferer or transferee or both, as determined by the commission, to pay to the Commonwealth an amount representing the Commonwealth’s share of the increased value for said of said property or contracts. The commission shall promulgate rules and regulations for the determination of the payment which serves in the best interest of the Commonwealth as a result of the transfer; provided that the commission may consider the actual increase or decrease in the pecuniary value of said license, the real property, and the shares of interest among the time it was initially purchased, the time of receiving a license and the time of the transfer; provided further, that any payment collected by the commission, on behalf of the Commonwealth, shall be deposited in the General Fund..
(n) No licensed operator, licensed person, licensed party, a licensee’s affiliate, a licensee’s substantial party of interest, licensee’s party of interest, as defined under section 2 of chapter 10A, shall transfer any license in whole or in part issued by the commonwealth ,municipality, county, authority, district, commission or any other subdivision of the commonwealth, without the approval of the commission and the commission may require a payment by the transferer or transferee or both, as determined by the commission, to the commission, on behalf of the Commonwealth, and said payment shall be deposited into the General Fund; provided, that the commission shall consider as a factor in determining the amount of the payment the difference in value of the licensee’s property between the time of when the licensee received the license and the time of or anticipated time of the transfer through the average of three separate assessments made by the licensee, the commission and an independent assessor chosen by the commission, and the cost of said assessment shall be part of the payment of the transfer; and provided further, that the commission shall consider as a factor in determining the amount of the payment the market value of the license of when it was acquired and at the time of the transfer; provided further, that the commission shall consider as a factor in determining the amount of the payment the increased value of the property, land, establishment, management agent, entity or business value as a result of possessing a gaming operator’s license. In no event shall a bona fide commercial financial institution licensed by the division of banks, which becomes a substantial party of interest, as defined under section 2 of chapter 10A, with a licensee be deemed to be a transfer; provided further, that the commission may reject such transfer if it deems it unsuitable. The commission may place any condition or restriction on the transfer of a license or substantial interest or party of interest, and in all instances it shall consider whether additional compensation is owed to the Commonwealth.
(o) No person or entity licensed as a licensed gaming operator, gaming establishment or racing meeting licensee, under chapter 10A, chapter 128A or chapter 128C, shall be permitted to change its business governing structure, including those defined under chapter 108A, chapter 109, chapter 155, chapter 156, chapter 156A, chapter 156B, chapter 156C and chapter 156D and those entities established under the rules and regulations of the Secretary of State without the notification and approval of the commission.
(p) The commission shall monitor the conduct of all licensees and other persons having a material involvement, directly or indirectly, with a licensee for the purpose of ensuring that licenses are not issued to, or held by, and there is no direct or indirect material involvement with a licensee by unqualified, disqualified, or unsuitable persons.
(q) No commission member or person employed by the commission shall solicit or accept employment from a licensee, or represent any person or party other that the commonwealth before or against the commission for a period of 3 years from the termination of his office or employment with the commission.
(r) The commission may investigate fraud, deceit, misrepresentation or violations by any licensee under this chapter, or the occurrence of any such activity involving any licensee. If the commission has reasonable basis to believe that any licensee has been or is engaged in criminal behavior or that criminal activity is occurring within or involving any licensed gaming establishment, the commission shall report same to the district attorney of the county within which the gaming establishment is located and make available to said district attorney and attorney general all relevant information on such activity. The commission shall direct through the division of racing and gaming such police officers to guard and protect the lives and safety of the public and property at any such gaming establishment, and to perform any such other duties which may be required by said commission in order to maintain fair and honest gaming establishment. The police officers so assigned shall, except in the case of an emergency, while on duty at any such establishment be subject to the operational authority of the commission; provided, however, that such assignment or reassignment shall not in any way impair any rights to which any officer may by entitled. The commission assess an annual fee to be paid by the licensees for the costs associated with the state police as it relates to this chapter and chapter 10A; provided further, that said fee shall be paid by each licensee in equal portions. The commission shall establish a fee schedule for the purposes of defraying the costs incurred by police officers of the department of public safety for work associated under this chapter and chapter 10A and shall direct the division of racing and gaming to collect said fee from the licensees.
All assignment and reassignments to the commission, except as the commissioner of public safety shall determine that an emergency exists or its threatened, shall be subject to the approval of the commission. Nothing herein shall prevent licensees from applying to the state police if they have jurisdiction in the area where gaming establishment is located, or to the police department of a city or town wherein the gaming establishment is located, in order that such police agency may furnish a police detail for safety or traffic purposes at any gaming establishment authorized by this chapter. The total cost for any such police detail shall be a sum equal to the salaries of the police officers comprising such detail, plus a sum to cover the administrative expenses incurred by the department of each such police officer, which is to be paid by the licensee.
(s) The commission, as it deems appropriate, may ask the attorney general to file a civil lawsuit to restrain a violation of this chapter or enforce any provision thereof. An action brought against a person pursuant to this chapter does not preclude any other criminal or civil proceeding as may be authorized by law.
(t) The commission shall establish an appeals process to address persons aggrieved by a determination by the commission to issue, deny, modify, revoke, or suspend any license or approval, or to issue an adverse order under the provisions of this chapter.
(u) The commission shall establish rules and regulations regarding the use and manner of how electronic gaming devices may accept wagers deposited by the player, how they dispense funds deposited or credited to the player, what the maximum amount of money that a electronic gaming device can receive from a player, what is the expiration date on a ticket or voucher dispensed from an electronic gaming device, what the manner of how a player receives his or her reimbursement from a from a ticket or voucher dispensing electronic gaming device, and how machines that can dispense cash in exchange for a ticket of voucher dispensed from an electronic gaming device.
(v) The commission shall require the licensee to provide annual updates regarding the condition of the facility and the commission shall approve plans for all capital projects in excess of $500,000, and projects that would substantially change the use of the property other than as a racetrack.
(w) The commission may, one-year after four licenses to the racing meeting licensees have been granted in the commonwealth under chapter 10A, make a determination whether to solicit applications and grant 1 additional gaming operator license in Hampden County; provided however, that said license shall be a granted only to a parimutuel racetrack in accordance with chapter 128A , and is authorized to conduct simulcast racing pursuant to 128C and is authorized to be a lottery reseller, pursuant to chapter 10; provided, that in making such determination, said commission shall take into consideration the economic impact, environmental issues, public safety impact, effect on traffic and infrastructure and other relevant costs, benefits and factors of granting an additional license. . The applicant for said license shall be required to fulfill the requirements under this chapter and chapter 10A and the rules and regulations set forth by the commission. No current or former licensed gaming operator under chapter 10A or racing meeting licensee under chapter 128A shall have any direct or indirect, real interest, personal interest or pecuniary interest the applicant’s license application. Nothing in this section shall preclude any city, town, or county government in the commonwealth from prohibiting the use and operation of electronic gaming devices in said city, town or county, from imposing local controls or conditions on electronic gaming devices, from enacting or enforcing applicable zoning laws or regulations, or from imposing any fee or tax otherwise authorized, provided that any, inspection, tax, or fee is not inconsistent with this act, or the laws of the United States.
(x) The commission shall promulgate rules and regulations in accordance with chapter 10A for the purposes of purchasing, leasing, maintaining, operating, inspecting, auditing, electronic gaming devices, and the distribution of prize monies, and collecting the monies from the electronic gaming devices at the licensed gaming operations pursuant to said chapter 10A; provided that, the commission shall be authorized to enter into any necessary contracts, leases or agreements with a licensee or third party in order to execute this provision; provided further, that the commission shall collect said monies in accordance to subsection (b) of section 4 of said chapter 10A.
SECTION 5.Said chapter 10 is hereby further amended by inserting after section 26, as so appearing, the following section:-
Section 26a. The state treasurer shall appoint, subject to the approval of the commission, a director for division of racing and gaming established under chapter 10A, hereinafter called the executive director, who shall serve at the pleasure of the commission, shall devote his entire time and attention to the duties of his office, and shall receive such salary as the commission may determine. The executive director shall serve for a term of five years. The executive director shall not serve more than two consecutive terms. He shall supervise and administer the operation of licensed parimutuel wagering and licensed gaming establishments in accordance with the provisions of the chapter 128A, chapter 128C, chapter 10A, any special laws, and rules and regulations made thereunder.
The executive director shall, subject to the approval of the commission, appoint such deputy directors and such other professional, technical and clerical assistants and employees as may be necessary; provided, however, that such deputies, assistants and employees shall not be subject to chapter 31 and section 9A of chapter 30.
The executive director shall confer regularly as necessary or desirable and not less than once every month with the commission on the operation and administration of gaming, shall make available for inspection by the commission, upon request, all books, records, files, and other information and documents of the commission, shall advise the commission and recommend such matters as he deems necessary and advisable to improve the operation and administration of gaming.
The executive director shall, subject to the approval of the commission and the applicable laws relating to public contracts, enter into contracts for the operation of his offer, or any part thereof. No contract awarded or entered into by the executive director shall be assigned by the holder thereof except with the specific approval of the commission.
The executive director shall certify monthly to the state treasurer and the commission a full and complete statement of gaming revenues, disbursements and other expenses for the preceding month.
SECTION 6. The General Laws are hereby amended by inserting after chapter 10 the following chapter:-
CHAPTER 10A. LIVE RACING AND GAMING.
Section 1. (a) This act shall be known and may be cited as the "Live Racing Revitalization Act."
(b) No applicant for a license or other affirmative approval within the scope of this chapter has any property or other right to a license or to the granting of the approval sought. Any license issued or other approval granted pursuant to this chapter is a fully revocable privilege, and no holder acquires any vested right therein or thereunder. Except as otherwise provided herein, no person other than a licensee hereunder shall have any right to or interest in gaming revenue in the form of a percentage or contractual interest of any sums payable hereunder
(c) Nothing in this chapter shall preclude any city or town in the commonwealth from prohibiting gaming, from imposing any local controls or conditions upon gaming, from inspecting premises to enforce applicable laws, or from imposing any fee or tax otherwise authorized, provided any, inspection, tax, or fee is not inconsistent with this chapter, or the laws of the United States.
(d) In the event of any conflict between the provisions of this chapter and the provisions of any other general or special law, or local ordinance, the provisions of this chapter shall prevail.
Section 2. The following words as used in this chapter shall, unless the context clearly requires otherwise, have the following meanings:
(a) "Affiliate," any person that a licensee or applicant directly or indirectly controls or in which an applicant or licensee possesses an interest. For the purposes of this definition, "controls" means either (i) directly or indirectly holding more than 10 percent of voting membership rights or voting stock or partnership interests, or (ii) that a majority of the directors, general partners, trustees, or members of an entity's governing body are representative of, or are directly or indirectly controlled by, the licensee or applicant. For the purposes of this definition, "possesses an interest in" means either (i) directly or indirectly holding more than 5 percent of voting membership rights or voting stock, or (ii) that at least 25 percent of the directors, general partners, trustees, or members of an entity's governing body are representatives of, or are directly or indirectly controlled by, the licensee or applicant.
(b) "Applicant," a person who has applied for a gaming license, work permit, or approval of any act or transaction pursuant to this chapter.
(c) "Commission," the Massachusetts state lottery commission established pursuant to section 24 and section 24b of chapter 10.
(d) "Controlled game" or "controlled gaming," gaming licensed under chapter 10A, including electronic gaming devices
(1) the game of bingo conducted pursuant to chapter 271 and any charitable gaming, so-called, which is regulated by the state lottery commission;
(2) parimutuel wagering on horse and dog races, whether live or simulcast, authorized under chapter 128A and chapter 128C;
(3) any lottery game conducted by the state lottery commission, in accordance with Section 24 of chapter 10;
(4) games played with cards in private homes or residences in which no person makes money for operating the game, except as a player.
- “Division,” means the Division of Racing and Gaming established under section 3.
(f) “Electronic Gaming Device" means any game of chance mechanical, electronic or otherwise featuring coin drop and payout as well as printed tabulations or credits to a paper or electronic account, whereby the software or hardware of the device predetermines the presence or lack of a winning combination and payout, including microprocessor-controlled electronic devices that allow a player to play games of chance, which may be affected by an element of skill, activated by the insertion of a coin or currency or by the use of a credit and awards game credits, cash, tokens, replays or a written statement of the player's accumulated credits, which written statements are redeemable for cash; and including slot machines, video lottery terminals and video facsimile machines of any type.
(g) "Establishment," any building, room, place or other indoor or outdoor premises where any controlled gaming occurs, including all public and non-public areas of any such establishment.
(h) “Executive Director" the executive director of the division of racing and gaming established under section 24b of chapter 10 and section 3 of this chapter.
(i) "Gaming," to deal, operate, carry on, conduct, maintain, or expose for play any controlled gaming.
(j) "Gaming equipment," any equipment, device, object or contrivance, or machine, whether mechanical, electromechanical, or electronic, which is specifically designed or manufactured for use in the operation of gaming.
(k) "Gaming license" or "license," any license or work permit issued by the commission under this chapter that authorizes the person named therein to engage or participate in controlled gaming or to operate electronic gaming devices, including work permits and licenses issued to gaming establishments, to gaming suppliers, to parties in interest, to gaming schools, and to officers and directors of licensed persons or entities.
(l) "Gaming operation," one or more controlled games that are operated, carried on, conducted, maintained, offered or exposed for play.
(m) "Gaming establishment," any establishment licensed to conduct a gaming operation in the commonwealth under this chapter.
(n) "Gaming school," any person or entity which offers courses for persons who have obtained or who may seek to obtain a gaming work permit under this chapter.
(o) "Gaming services" means providing services or goods to any licensed gaming establishment directly in conjunction with the operation of gaming, including security services, junket services, gaming schools or training activities, promotional services, printing or manufacture of betting tickets and manufacture, distribution, maintenance, testing or repair of electronic gaming devices, or any person who furnishes goods or services pursuant to which the person receives payments based on earnings, profits or net receipts from gaming.
(p) "Holding company," any corporation, firm, partnership, trust, or other entity that, directly or indirectly, owns, has the power or right to control, or holds with power to vote, all or any part of the partnership interests or outstanding voting securities of a corporation or any other business entity that holds or applies for a gaming license. In addition, a holding company indirectly has, holds, or owns any power or right mentioned herein if it does so through any interest in a subsidiary or affiliate or successive subsidiaries or affiliates, however many of these subsidiaries or affiliates may intervene between the holding company and the corporate licensees or applicant.
(q) "Intermediary company," any corporation, firm, partnership, trust, or other entity, other than a natural person, that is both of the following:
(1) A subsidiary with respect to a holding company, and
(2) A holding company with respect to a corporation or limited partnership or other entity that holds or applies for a gaming license;
(r) "Licensed operator," any operating entity that conducts a controlled gaming operation within a gaming establishment pursuant to a license or licenses issued under this chapter and section 24b of chapter 10.
(s) "Licensed premises," the premises upon which is located a gaming establishment pursuant to a license issued to a licensed operator.
(t) "Licensee," any person or party holding, or purporting to hold, a valid gaming license under this chapter.
(u) "Net gaming revenue," the total, prior to the deduction of any operating, capital or other expenses whatsoever, of all gaming revenue retained by any gaming establishment licensed under this chapter derived from the conduct of any controlled game.
(v) "Operating entity," any person who conducts a gaming operation;
(w) "Party in interest," any corporation, firm, partnership, trust, or other entity or person with any direct or indirect pecuniary interest in a licensed gaming establishment, or a person who owns any interest in the premises of a licensed gaming establishment, or land upon which such premises is licensed, whether he leases the property directly or through an affiliate.
(x) "Person" or "party," a natural person, corporation, partnership, limited partnership, trustee, holding company, joint venture, association, or any business entity.
(y) "Racing meeting licensee" the running horse racing meeting licensee in Suffolk County, harness horse racing meeting licensee in Norfolk County, and dog racing meeting licensees in Suffolk and Bristol Counties licensed by the State Racing Commission pursuant to chapter 128A, as amended, to conduct parimutuel racing during calendar year 2005, or their respective assigns; provided, however, that the two dog racing meeting licensees in Bristol County shall be deemed one for all purposes of this act; and, further, excluding any licensees of racing meetings held or conducted in connection with a state or county fair.
(z) "Substantial party in interest," any person holding a greater that one percent (1%) direct or indirect pecuniary interest, whether as owner, mortgagee or otherwise, in an operating entity, premises, or any other licensee or applicant; but, excluding any shareholder holding less than a five percent (5%) interest in a public company that is a substantial party in interest.
(aa) "Work permit," any permit issued by the commission authorizing the holder to be employed as an employee in a licensed gaming establishment.
Section 3. (a) There shall be within the state lottery and gaming commission, the division of racing and gaming, and an office for the executive director to be designated by the state treasurer.
(b) The executive director of the division shall be appointed by the state and lottery and gaming commission pursuant to section 26a of chapter 10. The executive director shall be responsible for the oversight and operation of the division. The executive director shall employ such professional, technical, and clerical assistants and employees as necessary, subject to appropriation; provided, however, such assistants and employees shall not be subject to chapter 31 or section 9(A) of chapter 20. The executive director shall execute and enforce the rules, regulations and directives of the commission and provide the necessary administrative support.
(c) The powers and duties of the executive director shall include, but not be limited to, the following:
(1) To visit, to investigate, and to place accountants, to technicians, and any other personnel, without prior notice or approval of any party as it may deem necessary, in the office, gaming area, or other place of business of any licensee under this chapter;
(2) To require that the books and financial or other records or statements of any licensee be kept in a manner that the commission or the bureau deems proper;
(3) To visit, to inspect, and to examine without prior notice or approval of any party, all premises where gaming equipment is manufactured, sold or distributed;
(4) To inspect and to test without prior notice or approval of any party, all equipment and supplies in any licensed gaming establishment or in any premises where gaming equipment is manufactured, sold or distributed;
(5) To have access to, to inspect, to examine, to photocopy, and to audit all relevant and material papers, books, and records of an applicant for, or person holding, a license for a gaming establishment under this chapter, on such applicant's or licensee's premises or elsewhere, as practicable, in the presence of the applicant or licensee or his or her agent, and require verification of income, and all other matters affecting the enforcement of this chapter;
(6) To have access to and to inspect, to examine, to photocopy, and to audit all relevant and material papers, books, and records of any affiliate of a licensed gaming establishment that the executive director knows or reasonably suspects is involved in the financing, operation, or management of any entity licensed pursuant to this chapter, either on the affiliate's premises or elsewhere, as practicable, in the presence of the affiliate or any agent thereof; and,
(7) To refer any suspected criminal violation of this chapter to the appropriate office of the district attorney and the attorney general; provided, however, that nothing in this section shall be deemed to limit the investigatory and prosecutorial powers of other state and local officials and agencies;
(d) The executive director shall investigate the qualifications of each applicant under this chapter and make a recommendation to the commission before any license is issued. The executive director shall also continue to monitor the conduct of all licensees and other persons having a material involvement, directly or indirectly, with a licensee for the purpose of ensuring that licenses are not issued to, or held by, and there is no direct or indirect material involvement with a licensee by unqualified, disqualified, or unsuitable persons, or persons whose operations are conducted in unsuitable manner or in unsuitable or prohibited places, as provided in commission regulations.
(e) The executive director may recommend to the commission the denial of any application, the limitation, conditioning, restriction, transfer, suspension, or revocation of any license or approval, or the imposition of any fine or penalty upon any licensee.
(f) The executive director shall maintain a file of applications for licenses under this chapter, together with a record of all action taken by the commission on those applications. Such applications shall be open to public inspection; provided however, that the executive director shall prohibit access to information that is a trade secret, or puts the applicant for a license at an unfair disadvantage with other applicants; provided further, that the executive director shall consult with the division on public records on the appropriate distributing or withholding of said information. The executive director may maintain any other files and records as it deems appropriate.
(g) Each employee of the executive director and the executive director shall file with the executive director and the state ethics commission a statement of financial interest as defined in chapter 268B. Such statement shall be under oath and shall be filed at the time of employment and annually thereafter, as required by the state ethics commission.
(h) No employee of the executive director, the executive director or a member of the commission shall be permitted to place a wager in any establishment licensed by the commission except in the course of his duties.
(i) No commission member or person employed by the commission or the executive director or acting as an agent or assignee for the commission or the executive director shall solicit or accept employment from a licensee, or represent any person or party other that the commonwealth before or against the commission for a period of three years from the termination of his office or employment with the commission.
(j) The executive director may investigate, fraud, deceit, misrepresentation or violations of this chapter by any person licensed hereunder or the occurrence of any such activity within or involving any licensed gaming establishment. If the executive director has reasonable basis to believe that any licensee has been or is engaged in criminal behavior or that criminal activity is occurring within or involving any licensed gaming establishment, the executive director shall report same to the district attorney of the county within which the licensed gaming establishment is located and the Attorney General. The executive director shall make available to said district attorney, the Attorney General, and to the commission all relevant information on such activity.
(k) An action brought against a person pursuant to this chapter shall not preclude any other criminal or civil proceeding as may be authorized by law. The executive director must report all criminal action in violation of this chapter or any General Laws to the appropriate office of the district attorney and to the attorney general, who may take legal action to restrain violations of this chapter or enforce any provision thereof
(l) The executive director shall make a continuous study and investigation of gaming throughout the commonwealth in order to ascertain the adequacy and effectiveness of state gaming law or regulations and may formulate recommendations for changes in such laws and regulations. The executive director shall make a continuous study and investigation of the operation and administration of similar laws in other states or countries, of any literature or reports on the subject, of any federal laws which may affect the operation of gaming in the commonwealth, all with a view to recommending or effecting changes that will tend to better serve an implement the purposes of this chapter.
(m) The executive director must report all violations of the commission’s rules and regulations to the commission.
(n) The executive director may recommend to the commission to initiate proceedings or actions appropriate to enforce this chapter and the regulations promulgated thereunder.
(o) The executive director must include all studies, reports, recommendation and other collected information required under this chapter, any General Law, special law, or as required by the commission to be included in the commission’s annual report required under section 24b of chapter 10.
Section 4.(a) Notwithstanding chapter 137 , chapter 271 , or any other general or special law to the contrary, each racing meeting licensee is eligible to be licensed, subject to all terms and conditions imposed by the commission and subject to each racing meeting licensees eligibility to hold such license, as determined by the Commission, which shall include the suitability of each racing meeting licensee to hold, maintain and control such a license, to operate electronic gaming devices; and apply to the commission for the right to be awarded one of four licenses to operate up to 2,000 electronic gaming devices at said licensee's premises only; provided further, that only one racing meeting licensee shall be allowed to hold in whole or in part one license under this section. The commission shall determine how many electronic gaming devices shall be allowed at each licensee’s location, and the suitability of each licensee to operate electronic gaming devices. The devices and revenues received from their operation shall remain the property of the commonwealth, subject to subsection (b); provided further, that said commission shall promulgate rules and regulations to direct the division of racing and gaming to maintain said electronic gaming devices, or enter into agreements with third parties to maintain said electronic gaming devices.
The commission shall identify the person, persons, entity or entities in possession or ownership or both of a racing meeting license issued under chapter 128A and chapter 128C. If there has been a change, intent to change or option to purchase the ownership of the premises or racing meeting license or both since November 1, 2005, then the applicant shall fully disclose the information by filing it with the commission within 30 days of the passage of this act, unless demanded sooner than 30 days by the commission..
In addition to paying the fee under subsection (c) of this section and any other provisions of this chapter, the applicant must provide and the commission must consider the following in making a determination of whether to issue a license under this section:
- The applicant must be a parimutuel licensee licensed under chapter 128A and also licensed to conducted simulcast racing under chapter 128C,
- The applicant must be a licensed lottery reseller and must sell lottery products at its establishment;
- The applicant must demonstrate that it has sufficient capital capacity to install the electronic gaming devices in a suitable facility within a reasonable period of time after being licensed and that the applicant’s proposal for electronic gaming devices will provide maximum amount of return to the Commonwealth at its facility,
- The applicant must supply a detailed breakdown of new job creation expected as a result of receiving a license, which shall not included jobs created at kennels or the backstretch, so-called,
- The applicant must demonstrate that it has an agreement with the host community for mitigation caused by expanded gaming in addition to those set forth under this chapter,
- The applicant must have a certified and binding vote of the legislative authority and the approval of the executive authority of the city or town where the applicant is located to have slot machines at the racetrack and the certified voted cannot be prior to January 1, 2005,
- The applicant must demonstrate to the commission a plan by which the applicant shall utilize said devices in the most efficient manner possible to provide the greatest revenue to the Commonwealth; and
- The applicant must meet the licensee bonding requirement as set by the commission.
(b) The commission shall collect, on behalf of the commonwealth, a sum equal to 60 percent of net gaming revenues from electronic gaming devices; provided, further, that this percentage shall not be increased, nor decreased for 10 years after the initial issuance of the license to the applicant; provided, further, that from said sums the commission shall first pay to the Treasurer, on behalf of the local aid fund, a sum equal to the diminishment, if any, in said fund attributable to this chapter, as certified by the Treasurer and the secretary of administration and finance, with notice to the chairs of the house and senate ways and means committees, provided further, however, that for fiscal year 2011 an additional sum of no less than $37,700,000 shall be paid to the Treasure on behalf of the local aid fund with an additional sum of no less than $116,000,000 to be retained and distributed as additional chapter 70 funds in an effort to restore local aid and chapter 70 aid to their fiscal year 2010 levels. Of the remaining funds collected by the commission under this paragraph on behalf of the commonwealth, one-third shall be deposited in the General Fund, one-third shall be deposited in the Commonwealth Stabilization Fund, and one-third shall be deposited in the Local Aid Fund. The commission shall collect a sum equal to 7 percent of net gaming revenues from electronic gaming devices; which the commission shall then deposit in the purse account pool established under subsection (l) of this section.
The commission shall collect a sum equal to 5 percent of net gaming revenues from electronic gaming devices, which the commission shall deposit in the live racing promotional fund established under subsection (k) of this section.
The commission shall collect a sum equal to 2 percent of net gaming revenues from electronic gaming devices, which the commission shall then deposit in the community mitigation fund established under subsection (i) of this section.
The commission shall collect a sum equal to 0.5 percent of net gaming revenues from electronic gaming devices, which the commission shall pay toward compulsive gambling organizations, as determined by the department of public health; provided further, that said compulsive gambling organization, or organizations shall utilize said monies for the prevention, intervention and treatment of compulsive gambling in the Commonwealth; provided further that, not less than 20% of the funds received under this paragraph shall be utilized for the purpose of identification, prevention, intervention, and treatment of compulsive gambling in minority and immigrant communities; provided further, that the commission shall not pay more than $6,000,000 annually to compulsive gambling organizations or organizations, as determined by the department of public health, and the remainder of said amount shall be collected by the commission, on behalf of the Commonwealth, and 50% of said overage amount shall be deposited in the General Fund and the other 50% of the overage shall be deposited in the Commonwealth stabilization fund.
The remaining sums collected by the commission from the net gaming revenue from the electronic gaming devices shall be distributed to each licensee; provided, further, that each such licensee shall in addition pay all taxes otherwise due and payable; and provided further, that said sums retained by each licensee shall be subject to fees set by the commission, or by this chapter and taxation by any other General Law.
(c) In addition to all other fees payable hereunder, the commission shall require each racing licensee that meets the requirement of the commission and the chapter and is authorized by the commission under subsection (a) of this section to operate a gaming establishment, to pay an initial one time fee of $25,000,000;
(d) No person or party shall operate a gaming establishment without having obtained all necessary operating licenses from the commission. There shall be a single licensed operator for each gaming establishment and each racing meeting licensee. No license shall operate, invest or own, in whole or in part, another licensee’s license or establishment. If a licensee does have more than one license, or operates, invests or owns, in whole or in part, another license, said licensee shall within 30 days divest the license or interest subject to the approval of the commission, and shall pay a fine of up to $5,000; provided further that persons or entities that violate this section shall be required to surrender to the commission any licenses issued to the licensee under this chapter, chapter 24, chapter 128A and chapter 128C; provided further, that the persons or entities shall be prohibited in the future from being able to apply and receive licenses under said chapters. Failure for a licensee to comply with this section shall result in a fine of $5,000 per day.
The licensing standards must be met at all times by each officer, director, partner, and trustee of the operating entity, by each substantial party in interest of the operating entity or of the premises on which such establishment is located, and by such other party in interest of the operating entity, the premises, or any holding company or intermediary company of the operating entity or the premises as the commission may require. In no event shall the commission permit a person previously convicted of a felony under state or federal law, or any comparable conviction of a felony of a law in another country or who has not satisfied the standards for financial capability, to be a substantial party in interest of the gaming operator, the gaming establishment, or of the premises, or to hold any direct or indirect interests in such gaming operator, gaming establishment or premises.
(e) A person may apply to be a licensed operator by filing an application with the commission. Each application shall disclose the identity of each party in interest, each holding company and intermediary company, and each affiliate of the operating entity. The application shall disclose, in the case of the privately held corporation, the names and addresses of all directors, officers, and stockholders; in the case of a publicly traded corporation, the names and addresses of all directors, officers, and persons holding at least five percent of the total capital stock issued and outstanding; in the case of a limited liability company, the names and addresses of all members of the management committee and all persons holding at least 5 percent of the membership interests; in the case of a partnership, the names and addresses of all partners, both general and limited; and in the case of a trust, the names and addresses of all trustees and beneficiaries.
(f) Each operating entity shall identify, in its application, the facilities and structures that will be constructed on the premises containing the establishment where it proposes to conduct its gaming operations. The application shall contain such information regarding the physical location and condition of the premises and the potential impact of the proposed gaming operations upon adjacent properties and the municipality and region within which the premises are located, as the commission may require. The application shall disclose the identity of all parties in interest regarding the premises and to be on the premises; and except as otherwise permitted herein, no person other than a gaming establishment licensee hereunder shall have any right to or interest in any gaming revenue derived from electronic gaming devices in the form of a percentage of such sums or require more than fair market value for rent, leases or services. The application shall identify proposed infrastructure improvements, economic development and job creation opportunities to the municipality and the region wither the premises are located, as the commission may require.
(g) No licensed operator shall obtain any gaming equipment from a person who does not hold a license. No licensed operator shall enter into any agreement for the receipt of goods or services, of any form and in any amount, from a person who does not hold a license, when a license is required for such agreement under this act or under regulations promulgated by the commission.
(h) No licensed operator shall employ any person in a gaming establishment who does not hold a work permit, when a work permit is required for such position under regulations promulgated by the commission.
(i) The community mitigation fund shall be used to provide mitigation resources for those communities with a licensed parimutuel racetrack or a licensed gaming establishment and communities that are contiguous with such licensed parimutuel racetracks, or licensed gaming establishments. Of the amount collected each year by the commission for the purposes of mitigation, pursuant to subsections (b) and subsection (j) of this section, the city of Taunton shall receive not less than 5%, the town of Raynham shall receive not less than 5%, the town of Plainville shall receive not less than 5% from said fund, the city of Revere shall receive not less than 25%, the city of Boston shall receive not less than 25% from said fund, and the remainder shall be deposited into said fund and be distributed by the commission to address direct increases in the cost of municipal and state public services caused by each licensed operator, including, but not limited to, improving access roads adjacent or contiguous to the facilities, improving traffic flow, and congestion in the host communities and contiguous communities, and law enforcement costs experienced by such communities; provided that, contiguous communities shall mean those whose borders abut by land, or bridge, a community where a licensed parimutuel racetrack, or licensed gaming establishment is located; provided further, that said commission, in distributing such funds, shall give priority to communities with more than 1 licensed pari-mutuel racetrack, or licensed gaming establishment and communities contiguous to said communities. Any and all unspent funds shall remain in the account to be appropriated by the commission for future mitigation claims.
(j) The commission is authorized and directed to establish through the division the live racing promotion fund for each parimutuel racing meeting licensee which are also licensed gaming operators under this chapter. The purpose of said each fund is to promote, sustain and improve live racing in the Commonwealth. The money deposited into said account shall be collected annually by the commission under subsection (a) of this section. The commission shall establish rules and regulations under what conditions, the method and time, the application and review process, and the criteria by which said funds may be distributed to the licensee in the form of reimbursements for costs born by the licensee which is directly associated to the improvement of the live racing industry at the licensee’s facility. As part of the consideration for reimbursement, the commission shall consider, but is not limited to, the following: capital improvements to the racetrack, capital improvements to the backstretch area which shall include suitable housing, toilet facilities and the barns, capital improvements to the spectator area for the racetrack, capital improvements to the kennels, promoting and advertising the live racing product and only the live racing product, promoting and encouraging horse breeding in the Commonwealth, promoting and encouraging better treatment and welfare of horses and dogs, providing for health and human services to backstretch workers, so-called, and jockeys, providing additional purses beyond those required under chapter 128A, chapter 128C, and this chapter or any other special law, and holding races specifically for Massachusetts breed horses. The commission shall on an annual basis review the progress of the live racing product of each licensee’ facility and may withhold distribution of funds if the live racing product does not demonstrate an improvement; provided that, the commission shall considered, but is not limited, as the improvement in the progress of live racing: the number of live racing days actually conducted, the wagers made of live races, and the wagers made on simulcast of the live races out of the Commonwealth. The commission may provide for reimbursement to the licensee in circumstances where there is no demonstrable improvement in the live racing if the commission determines that the degradation of the live racing product was the result of the weather conditions, race track conditions, strikes, work stoppages, sickness or quarantine not within the control of the licensee. Should any licensee be unable, for any reason, to conduct parimutuel live racing under chapter 128A and is also unable to conduct simulcast under chapter 128C then the commission, on behalf of the commonwealth, shall deposit the remainder of the funds in the licensee’s account in the General Fund; in addition, all moneys required to be distribution to this fund from subsection (a) of this section shall instead be collected by the commission on behalf of the Commonwealth. Should a licensee become licensed or regain a license to conduct parimutuel live racing under chapter 128A and meet the requirements under chapter 10 and chapter 10A, and the commission’s rule and regulations and is licensed to simulcast racing under chapter 128C, then the commission shall reestablish said account in accordance to this section, but the licensee is not entitled or shall receive any monies collected on behalf of the Commonwealth during the period of time the licensee was prohibited from conducting live racing. No monies from this fund can be used to, promote, advertise, purchase, transport, replace, maintain or dispose of any electronic gaming devices or equipment, simulcast devices or equipment as defined under chapter 128C.
(k) The commission is authorized and directed through the division to establish the live racing purse pool account to be used to supplement the purses of parimutuel racing meeting licensees which are also licensed gaming operators under this chapter. The commission shall establish rules and regulations for the collection, application and distribution of said funds in the live racing purse pool account. Of the funds collected by the commission each year under subsection (a) of this section for said account, not less than 35% shall be deposited in the purse account for the running horse racing meeting licensee in Suffolk County, not less than 15% shall be deposited in the purse account for the harness horse racing meeting licensee in Norfolk County, not less than 5% shall be deposited in the purse account for the greyhound racing meeting licensee in Suffolk County, and not less than 5% shall be deposited in the greyhound racing meeting licensee in Bristol County and the remainder shall be deposited into the purse account pool and the commission shall determine what the additional amount, if any, is needed to ensure that the racing meeting licensee’s live racing product is competitive with racetracks with a similar type and to ensure that there are sufficient purse funds to have Massachusetts breed horses racing at racetracks within Commonwealth. As part of the determination for additional purse funds to be deposited into each racing meeting licensees purse account from said account, the commission shall consider the average purse per race of the twenty 20 running horse racetracks in the United States from the previous year multiplied by the number of races completed from the previous year in compliance with chapter 128A, the commission may consider the average purse per race of the 10 harness horse racetracks in the United States from the previous year multiplied by the number of races completed from the previous year in compliance with chapter 128A, the commission may consider the average purse per race of the 10 greyhound racetracks in the United States from the previous year multiplied by the number of races completed from the previous year in compliance with chapter 128A, the commission shall conduct a comparison of racetracks of the same species and types of racing to those Commonwealth’s racing meeting licensee.
The commission shall pay 2 percent of the running horse racing meeting licensee purses provided under the live racing purse pool account to the Massachusetts Thoroughbred Breeders’ Association, Inc. The running horse racing meeting licensee in Suffolk County and the harness horse racing meeting licensee in Norfolk County shall be required to dedicate not less than 6 percent of the purses distributed under this section towards racing and purses specifically for Massachusetts breed horses. Unspent money from the live racing purse account pool shall be retained in said account and may be only be spent by the commission in compliance with this section.
Should any licensee unable to conduct parimutuel live racing under chapter 128A for any reason, then the commission shall discontinue depositing purse monies from the live racing purse pool account into said licensee’s purse account after the day live racing ends; provided, that the division is authorized and directed to recover any unspent purse funds from said licensee and deposit it into live purse pool account as unspent funds; and provided further, that any remaining distributions to said licensee not yet made shall be transferred to the unspent portion of the account. Should a licensee become licensed or regain a license to conduct parimutuel live racing and meet the requirements under chapter 10 and 10A and the commission’s rule and regulations, then the commission is authorized to continue distributions form this section into the licensee’s purse account in accordance to this section, but the licensee is not entitled or shall receive any purse monies during the period of time the licensee was prohibited from conducting live racing.
The commission on an annual basis shall collect and maintain information of purse distribution of all running horse racetracks, harness horse racetracks and greyhound racetracks within United States, and said information must include, but is not limited to, the annual purse distribution, daily purse distribution, purse distribution per race, the number of races run, number of racing performances, number of calendar days of racing, and the average number of races per racing performance and per calendar day.
Section 5.The commission may make an assessment against the licensees for the purpose of reimbursing the Commonwealth the cost of the division’s operation, administration and regulation. Said assessment shall be certified annually by the commission as sufficient to reimburse the commonwealth for funds appropriated for the operation of the division, including amounts sufficient to cover the cost of fringe benefits as established by the secretary of administration and finance pursuant to section 6B of chapter 29. Said assessment shall be made proportionately against each licensee on the basis of the amount of net gaming revenue retained by each licensed operator from the previous fiscal year. If the commission fails to expend in any fiscal year the total amount assessed under this paragraph, any amount unexpended shall be credited against the assessment to be made in the following year and the assessment in such following year shall be reduced by such unexpended amount. If the commission finds that it is unable to meet its operating budget during a fiscal year and if it determines that it requires additional funding is needed, then the commission must make a request to the Governor, the State Treasurer, the House and Senate Committees on Ways and Means, and the Joint Committee on Consumer Protection and Professional Licensure, and said request must include a explanation for the request of addition funding.
The commission may establish rules and regulations to assess and collect fees pertaining to individual regulatory, licensing or investigative matters that can be assessed against a licensee; provided, that any fees assessed and collected regarding an application or investigation of a license shall be placed in the gaming investigation account under section 8 of this chapter.
Section 6.(a) The commission shall cause to be made and kept a record of all proceedings at all meetings of the commission. These records shall be maintained by the division and the division shall make said records available to the public for inspection as allowed by law.
(b) Notwithstanding any other general or special law to the contrary all files, records, reports, and other information in the possession of any state or local governmental agency including tax filings and related information that are relevant to an investigation by the executive director conducted pursuant to this chapter shall be made available by such agency to the commission as requested. Any tax or financial information received from a governmental agency shall be used solely for effectuating the purposes of this chapter. To the extent that these files, records, reports, or information are confidential or otherwise privileged from disclosure under any law, they shall not lose that confidential or privileged status for having been disclosed to the commission; provided further, that the commission shall consult with the division of public records regarding the handling of said information.
(c) The attorney general, every district attorney, and every state and local law enforcement agency shall notify the commission of any investigation or prosecution of any person or entity if it appears that a violation of any law related to gaming has occurred.
Section 7.(a) No official, member, employee, or agent of the commission and the division, having obtained access to confidential records or information in the performance of duties pursuant to this chapter, unless otherwise provided by law, shall knowingly disclose or furnish the records or information, or any part thereof, to any person who is not authorized by law to receive it. Violation of this provision shall be punishable by a fine of not more than $10,000 or by imprisonment in the house of corrections for not more than 1 year, or by both such fine and imprisonment.
(b) No person shall operate, carry on or conduct any controlled game or operate a gaming operation except subject to a license issued by the commission as provided in this chapter.
(c) Any person included on the list of persons to be excluded or ejected from a licensed gaming establishment pursuant to regulations promulgated pursuant to this chapter who knowingly enters or remains on the premises of a licensed gaming establishment shall be punished by imprisonment in the house of corrections for not more than 1 year, or by a fine of not more than $10,000, or both.
(d) Any person under the age of 21 years who plays, places wagers at, or collects winnings from, whether personally or through an agent, any controlled game, or who is employed as an employee in a licensed gaming establishment shall be punished by imprisonment in the house of correction for not more than 1 year, or by a fine of not more than $1,000, or by both such imprisonment and fine. Any licensee, or other person, who knowingly allows a person under the age of twenty-one to play, place wagers at or collect winnings, whether personally or through an agent, shall be punished by imprisonment in the house of correction for a term of not more than 1 year or pay a fine of not more than $10,000, or by both. A subsequent violation of this section shall subject the licensee to imprisonment in the house of correction for not more than 2 years or pay a fine of not more than $25,000, or by both.
(e) Any person who willfully fails to report, pay, or truthfully account for and pay over any fee, penalty, fine, or interest thereon, imposed by this chapter or any regulation thereunder, or willfully attempts in any manner to evade or defeat any fee, penalty, fine, or interest thereon, or payment thereof shall be punished by imprisonment in state prison for not more than 5 years or by imprisonment in the house of correction for not more than 21/2 years, or by a fine of not more than $10,000 plus the unpaid fee, penalty, fine, or interest plus interest, or by both.
(f) Any person who willfully resists, prevents, impedes, interferes with, or makes any false, fictitious or fraudulent statement, or representation to the commission or to the division of racing and gaming or to their agents or employees in the performance of duties pursuant to this chapter, shall be punished by imprisonment in the house of corrections for not more than 2 years, or by a fine of not more than $5,000, or by both.
(g) Any person, as owner, lessee, or employee, whether for hire or not, either solely or in conjunction with others, who knowingly shall do any of the following without having first procured and thereafter maintained in effect all licenses required by law:
(1) To deal, operate, carry on, conduct, maintain, or expose for play in this state any controlled game or gaming equipment used in connection with any controlled game;
(2) To receive, directly or indirectly, any compensation or reward or any percentage or share of the revenue, for keeping, running, or carrying on any controlled game, or owning the real property or location in which any controlled game occurs;
(3) To manufacture or distribute within the territorial boundaries of the commonwealth any gaming equipment to be used in connection with controlled gaming; shall be punished by imprisonment in the house of corrections for not more than 2 1/2 years, or by a fine of not more than $10,000, or by both.
(h) Any person who knowingly permits any controlled game to be conducted, operated, dealt, or carried on in any house or building or other premises that he or she owns or leases, in whole or in part, if that activity is undertaken by a person who is not licensed as required by this chapter shall be punished by imprisonment in state prison in the house of corrections for not more than 2 1/2 years, or by a fine of not more than $10,000, or by both.
(i) Any former commissioner or commission or division employee who, within three years after his state employment has ceased, solicits or accepts employment with or provides consultant services to any licensee or at any licensed gaming establishment shall be punished by a fine of not more than $5,000 or by imprisonment for not more than 2 1/2 years in the house of correction or by both. Any licensee who knowingly employs a former commissioner or commission or division employee in violation of this subsection shall be subject to immediate revocation of his or her license.
(j) It is unlawful for any person:
(1) to alter or misrepresent the outcome of a game or other event on which wagers have been made after the outcome is determined but before it is revealed to the players;
(2) knowingly to entice or induce another to go to any place where gaming is being conducted or operated in violation of the provisions of this chapter, with the intent that the other person play or participate in that gaming;
(3) to manipulate, with the intent to cheat, any component of a gaming device in a manner contrary to the designed and normal operational purpose for the component including, but not limited to, varying the pull of the handle of a slot machine, with knowledge that the manipulation affects or reasonably may tend to affect the outcome of the game or with knowledge of any event that affects the outcome of the game;
As used in this section, "cheat" means to alter the selection of criteria which determine:
(a) the results of a game; or
(b) the amount or frequency of payment in a game.
(4) to have on his person or in his possession on or off the premises of any licensed gaming establishment any key or device known to have been designed for the purpose of and suitable for opening, entering or affecting the operation of any gaming or equipment, or for removing money or other contents therefrom, except where such person is a duly authorized employee of a licensee acting in furtherance of his employment within a licensed gaming establishment.
A violation of this section shall be punishable by imprisonment in the house of corrections for not more than 2 years or by a fine of not more than $5,000, or by both.
(k) A violation of this chapter, the penalty for which is not specifically fixed in this section, shall be punishable by imprisonment in the house of corrections for not more than 2 years, or by fine of not more $5,000, or by both.
(l) The conviction of a licensee for violation of, an attempt to violate, or conspiracy to violate any provision of this chapter or any regulation thereunder may result in the immediate revocation of all licenses issued to the violator under this chapter; and, in addition, the court, upon application of the commission, may order that no new or additional license under this chapter be issued directly or indirectly to the violator, or be issued to any person who owned the room or premises in which the violation occurred, for one year after the date of revocation.
Section 8.(a) Every licensed gaming establishment shall, upon receipt of criminal or civil process compelling testimony or production of documents in connection with any civil or criminal investigation, immediately disclose such information to the commission.
(b) All licensees shall have a duty to inform the commission of any action which they reasonably believe would constitute a violation of this chapter, and shall assist the commission and any federal or state law enforcement agency in the investigation and prosecution of such violation. The commission shall hold a hearing under chapter 30A on any licensee's failure to comply with this paragraph, and may take appropriate actions including suspension or revocation of the license. No person who so informs the commission shall be discriminated against by an applicant or licensee because of the supplying of such information.
Section 9.Whenever a licensed gaming establishment refuses payment of alleged winnings to a patron, the gaming establishment and the patron are unable to resolve the dispute to the satisfaction of the patron and the dispute involves:
(a) $500 or more, the gaming establishment shall immediately notify the executive director; or
(b) less than $500, the gaming establishment shall inform the patron of his right to request that the executive director conduct an investigation.
The executive director shall conduct whatever investigation it deems necessary and shall determine, in its sole discretion and without need for a hearing, whether payment should be made. In the event the executive director determines that payment should be made, all costs of the investigation shall be borne by the gaming establishment. Failure of the establishment to notify the executive director or inform the patron as provided herein shall subject the establishment to disciplinary action.
Any party aggrieved by the determination of the executive director may file a petition for reconsideration with the commission setting forth the basis of the request for reconsideration. Any hearing for reconsideration shall be conducted pursuant to regulations adopted by the commission.
Section 10.Every licensed gaming establishment shall keep conspicuously posted on his premises a notice containing the name and numbers of the council on compulsive gambling and a statement of its availability to offer assistance.
Section 11.
Any person or entity who knowingly transmits or receives wagers of any type by any telecommunication device, including telephone, cellular phone, Internet, or local area network, which shall mean to include wireless local networks, or any other similar device or equipment, or knowingly installs or maintain said device or equipment for the transmission or receipt of wagering information shall be punished by imprisonment in the house of correction for not more than 2 years or pay a fine of not more than $25,000 or by both; provided, however, that this section shall not apply to the use of a local area network as a means to place wagers on a licensed gaming establishment, or use of said devices or equipment by the commission in its duties in regulating, enforcing and auditing a licensed gaming operator, or use of said devices or equipment for the purpose of a licensed gaming operator advertising itself.
Section 12.The commission's financial activities shall be subject to audit by the State Auditor who shall have access to all books and records of the commission. Further, the commission shall annually, on or before January first, provide the State Auditor with all annual independent audits required of all licensees.
The State Auditor may at anytime, at his or her discretion, audit the financial activities and any other activities of any gaming licensee licensed under this chapter; provided further, that the State Auditor shall have access to a gaming licensee’s establishment equivalent to those provided to the commission under this chapter. The gaming licensee must reimburse the Commonwealth for any audit conducted by the State Auditor.
SECTION 7. Section 1 of chapter 128A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the definition of “Commission” and inserting in place thereof the following definition:-
“Commission,” the state lottery and gaming commission, established under section 23 of chapter 10.
SECTION 8. Section 1 of chapter 128C of the General Laws, as so appearing, is hereby amended by striking out the definition “Commission,” and inserting in place thereof the following definition:-
“Commission,” the state lottery and gaming commission, established under section 23 of chapter 10.
SECTION 9. Section 283 of chapter 94 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the word “standards”, in line 8,the following words:-or is a licensed and regulated under chapter 10A.
SECTION 10. Section 17B of chapter 271 of the General Laws, as appearing in the 2004 edition, is amended by inserting after section 17B the following section:-
Section 17C. Whoever uses an local area network or the Internet or both, or being the occupant in control of premises where a local area network or Internet service or both is located, or a subscriber for an local area network service or Internet service, knowingly permits another to use the local area network service or Internet service so located or for which he subscribes, as the case may be, for the purpose of accepting wagers or bets, or buying or selling of pools, or for placing all or any portion of a wager with another, upon the result of a trial or contest of skill, speed, or endurance of man, beast, bird, or machine, or upon the result of an athletic game or contest, or upon contests of skill or chance between the wagers, or upon the lottery called the numbers game, or for the purpose of reporting the same to a headquarters or booking office, or for the purpose of collecting a fee for providing the devices for contests of skill or chance between wagers, or who under a name other than his own or otherwise falsely or fictitiously procures local area network service or Internet service for himself or another for such purposes, shall be punished by a fine of not more than $2,000 or by imprisonment for not more than 1 year; provided, however, that this section shall not apply to use of local area networks or other similar devices of equipment authorized under the provisions of chapter 10A.
SECTION 11. Said chapter 271, , is hereby further amended by inserting after section 22B, as so appearing, the following section: -
Section 22C. Nothing in this chapter shall authorize the prosecution, arrest or conviction of any person for promoting or playing, or for allowing to be conducted, promoted or played, the games authorized and licensed under chapter 10 and 10A; provided, said game are conducted under a license issued by the Massachusetts state lottery commission, under the provisions of chapter 10 and 10A.
SECTION 12. The first paragraph of section 12A of chapter 494 of the acts of 1978 is hereby amended by striking out the words "2001 to 2005, inclusive”, inserted by section 29 of chapter 139 of the acts of 2001, and inserting in place thereof the following words:- 2005 to 2007, inclusive.
SECTION 13. The last paragraph of said section 12A of said chapter 494 is hereby amended by striking out the words "December 31, 2005", inserted by section 30 of said chapter 139 and inserting in place thereof the following words:- December 31, 2007.
SECTION 14. Section 13 of said chapter 494 is hereby amended by striking out the words "2001 to 2005, inclusive”, inserted by section 31 of said chapter 139 and inserting in place thereof the following words:- 2005 to 2007, inclusive.
SECTION 15. Section 15 of said chapter 494 is hereby amended by striking out the words "2001 to 2005, inclusive”, inserted by section 32 of said chapter 139 and inserting in place thereof the following words:- 2005 to 2007, inclusive.
SECTION 16. Section 9 of chapter 277 of the acts of 1986 is hereby amended by striking out the words "2001 to 2005, inclusive”, inserted by section 33 of said chapter 139 and inserting in place thereof the following words:- 2005 to 2007, inclusive.
SECTION 17. The first sentence of the first paragraph of section 3 of chapter 114 of the acts of 1991 is hereby amended by striking out the words "2001 to 2005, inclusive”, inserted by section 34 of said chapter 139 and inserting in place thereof the following words:- 2005 to 2007, inclusive.
SECTION 18. The last paragraph of said section 3 of said chapter 114 is hereby amended by striking out the words "December 31, 2005", inserted by section 35 of said chapter 139 and inserting in place thereof the following words:- December 31, 2007.
SECTION 19. The first paragraph of section 4 of said chapter 114 is hereby amended by striking out the words:- "2001 to 2005, inclusive”, inserted by section 36 of said chapter 139 and inserting in place thereof the following words:- 2005 to 2007, inclusive.
SECTION 20. The last paragraph of said section 4 of said chapter 114 is hereby amended by striking out the words "December 31, 2005", inserted by section 36 of said chapter 139 and inserting in place thereof the following words:- December 31, 2007.
SECTION 21. The first paragraph of section 5 of said chapter 114 is hereby amended by striking out the words "2001 to 2005, inclusive”, inserted by section 38 of said chapter 139 and inserting in place thereof the following words:- 2005 to 2007, inclusive.
SECTION 22. Section 13 of chapter 101 of the acts of 1992 is hereby amended by striking out the words "December 31, 2005", inserted by section 39 of said chapter 139 and inserting in place thereof the following words:- December 31, 2007.
SECTION 23. Section 45 of said chapter 139 is hereby amended by striking out the words " December 31, 2005" and inserting in place thereof the following words:- December 31, 2007.
SECTION 24. Notwithstanding any general or special law or rule or regulation to the contrary, including chapter 150 E of the General Laws, all employees, equipment, finances, data, and records of the Massachusetts state racing commission shall be transferred to the Massachusetts division of gaming racing and shall be transferred with no impairment of employment rights held immediately before the transfer date, without interruption of service, without impairment of seniority, retirement or other rights of employees and without reduction in compensation or salary grade. All transferred employees shall continue their right to collectively bargain pursuant to chapter 150E of the General Laws, and shall be considered employees for the purposes of said chapter 150E. Any collective bargaining agreement in effect immediately before the transfer date shall continue in effect and the terms and conditions of employment therein shall continue as if the employees had not been so transferred, until a new successor agreement is reached with the Massachusetts state lottery and gaming commission. Within 90 days of said transfer the Massachusetts Labor Relations Commission shall conduct an election with said transferred employees selecting from the existing collective bargaining representatives, the winner of said election shall be the exclusive bargaining representative of all Massachusetts state lottery and gaming commission employees. All new employees of the Massachusetts state lottery and gaming commission shall be placed in said bargaining unit.
SECTION 25.The transfer of powers from the state racing commission to the Massachusetts state lottery and gaming commission under this act shall occur 1 year after the passage of this act. Members of the Massachusetts gaming control commission members shall be appointed within 30 days of the effective date of this act. The Massachusetts gaming control commission and the state racing commission shall enter into a memorandum of understanding to transition of the functions, duties and responsibilities to the state racing commission to the Massachusetts state lottery and gaming commission within 1 year after the effective date of this act.”
ECO 298
WITHDRAWN
ECO 299
WORKFORCE TRAINING TRUST
Mr. Knapik moved that the bill be amended by inserting the following new sections:-
SECTION X. Section 2RR of chapter 29 of the General Laws,
as appearing in the 2008 Official Edition, is hereby amended by inserting after
the word "Training", in line 3, the following word:- Trust.
SECTION X. Said section 2RR of chapter 29, as so
appearing, is hereby further amended by striking out, in lines 6 and 7, the
words "Subject to appropriation, the commissioner, which in this section
shall have the meaning assigned by SECTION 1 of chapter 151A" and inserting
in place thereof the following words:- The
commissioner, which in this section shall have the meaning assigned by SECTION
1 of chapter 151A, shall be the trustee of the Fund and, without further
appropriation.
SECTION X. Sections 3A, 20A and 25 of chapter 175 of the acts of 1998 are hereby repealed.
ECO 300
SOUTH WORCESTER NEIGHBORHOOD IMPROVEMENT
CORPORATION
Mr. Michael O. Moore moved that the bill be amended, in section 2, in item 7004-0099, by adding at the end thereof the following: “ provided that 50,000 shall be expended for the South Worcester Neighborhood Improvement Corporation to provide vital services to the poorest neighborhoods in the City of Worcester”
ECO 301
LABOR AND WORKFORCE DEVELOPMENT INFORMATION
TECHNOLOGY COSTS
Mr. McGee moved that the bill be amended, in section 2, in item 7002-0170, by striking out the figures “$185,070” and inserting in place thereof the figures “$263,183”.
ECO 302
DIVISION OF OCCUPATIONAL SAFETY
Mr. McGee moved that the bill be amended, in section 2, in item 7002-0200, by striking out the figures “$1,750,652” and inserting in place thereof the figures “$1,808,846”.
ECO 303
DIVISION OF LABOR RELATIONS
Mr. McGee moved that the bill be amended, in section 2, in item 7002-0900, by striking out the figures “$1,805,890” and inserting in place thereof the figures “$1,838,835”.
ECO 304
DIVISION OF INDUSTRIAL ACCIDENTS
Mr. McGee moved that the bill be amended, in section 2, in item 7002-0500, by striking out the figures “$19,906,544” and inserting in place thereof the figures “$20,047,378”.
ECO 305
JOINT LABOR MANAGEMENT COMMITTEE
Mr. McGee moved that the bill be amended, in section 2, in item by striking out the figure $1,805,890 and inserting in place thereof the following figure:$1,262,890 and adding the following new line item 7002-0901 and the figure of $543,000 for the operation of the Joint Labor Management Committee for Municipal Police and Fire.
ECO 306
WITHDRAWN
Further ECO 306.1
WITHDRAWN
ECO 307
EMERGENCY ASSISTANCE FUNDS
Messrs. Tolman and Morrissey moved that the bill be amended, in section 2, in item 7004-0101, by inserting the following text at the end thereof:-
“; provided further, that notwithstanding any general or special laws to the contrary, the department may make expenditures from this item to housing authorities for emergency assistance and stabilization services for families who are tenants in state aided public housing paying minimal or no rent, and who are eligible for emergency assistance if homeless, housing authorities shall make application to the department for emergency assistance funds to prevent family homelessness.”
Redraft ECO 308
COMMONWEALTH ZOOLOGICAL CORPORATION
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Sections:-
“SECTION__. Section 2 of chapter 92B, as appearing in the 2008 Official Edition, is hereby amended by striking out the fourth and fifth paragraphs and inserting in place thereof the following paragraphs:-
The corporation shall be governed and its corporate powers exercised by the board, which shall consist of 30 members appointed in the following manner: 2 members shall appointed by the governor and serve at the governor’s pleasure; 1 member shall be appointed by the mayor of Boston and serve at the mayor’s pleasure; and, 27 members shall be appointed by the board.
Notwithstanding any special or general law to the contrary, all board members shall serve for 4 years.
Members shall be eligible for reappointment. Any person appointed to fill a vacancy shall serve for the remainder of the term. Any member may be removed by the board for just cause. All members of the board shall exercise full and equal voting privileges.
SECTION 2. Said Section 2 of chapter 92B, as so appearing, is hereby further amended by striking out, in line 34, the word “seven” and inserting in place thereof the words:- half of the board members serving at any time.
SECTION 3. Said Section 2, as so appearing, is hereby further amended by striking out in the first sentence of the seventh paragraph the first sentence and inserting in place thereof the following sentence:-
The board shall elect the chairperson of the board.
SECTION 4. Said Section 2, as so appearing, is hereby amended by striking out, in line 42, the words: “once a month” and inserting in place thereof the words:- six times a year.
SECTION 5. Section 5 of said chapter 92B, as so appearing, is hereby amended by striking out, in lines 9 through 11, the words
“provided, however, that the disposal of any property shall be subject to the approval of the executive director;”.
SECTION 6. Said Section 5, as so appearing, is hereby further amended by striking out, in line 57, the words “shall require the written concurrence of the director;” and inserting in place thereof the following:- shall require written notice to the director of the Massachusetts office of travel and tourism.
SECTION 7. Section 6(b) of said chapter 92B, as so appearing, is hereby amended, in lines 6 though 9, by striking out the following words “The preparation and development of the plans may be undertaken in consultation with the franklin park zoo advisory committee and the Middlesex fells zoological society and other interested citizens.”
SECTION 8. Section 9 of said chapter 92B, as so appearing, is hereby amended by striking out, in line 4, the words “consult with” and inserting in place thereof the word:- “inform”.
SECTION 9. Section 11 of said chapter 92B, as so appearing, is hereby amended by striking out the first sentence and inserting in place there of the following:-
The zoos shall continue to be known as the Franklin Park Zoo and the Walter D. Stone Memorial Zoo, but the corporation may also offer sponsor “naming rights” to the zoos or exhibits within the zoos and may add sponsor names to the existing names of the zoos or exhibits.
SECTION 10. Notwithstanding any general or special law to the contrary, the current board members of the Commonwealth Zoological Corporation, established in chapter 92B, shall appoint the additional board appointed members needed to increase the board to 27 board appointed members, as provided for under this act. Of the board appointments made under this act, an initial 9 members shall serve for a term of 2 years, 9 members shall serve for 3 years, and 9 for 4 years.
The current board members shall serve until the expiration of their term or December 31, 2011, whichever is later.
ECO 309
CENTER FOR WOMEN AND ENTERPRISE
Ms. Chandler, Ms. Spilka and Mr. Michael Moore moved that the bill be amended, in section 2, in item 7003-0702, by adding at the end thereof the following: “provided that not less than $125,000 shall be expended for the Center for Women and Enterprise”.
ECO 310
EMPLOYMENT SERVICES
Mr. McGee moved that the bill be amended, in section 2, in item 4401-1000, by striking the figure “$15,979,163” and inserting in place thereof the following figure:- “$23,000,000”.
ECO 311
HEAD OF THE CHARLES
Mr. Tolman moved that the bill be amended, in section 2, in item 7007-1000, by inserting after the words “administrative services” the following:- “; provided that not less than $100,000 shall be expended for the Head of the Charles Regatta”
and further by striking the figure “$4,500,000” and inserting in place thereof the figure: - $4,600,000”.
ECO 312
COMMUNITY DEVELOPMENT FINANCE CORPORATION
Ms. Spilka moved that the bill be amended by inserting at the end thereof the following new section:
SECTION XX. Section 8 of chapter 324 of the acts of 1987, as amended by section 6 of chapter 528 of the acts of 1990 and section 302 of chapter 159 of the acts of 2000, is hereby further amended by striking out the word "July" and inserting in place thereof the word “August”.
ECO 313
MASSACHUSETTS OFFICE OF BUSINESS
DEVELOPMENT
Ms. Spilka moved that the bill be amended, in section 2,
in item 7007-0300, by striking the figure
“$1,821,455” and inserting in place thereof:- “$1,852,951”
ECO 314
CLOTHING ALLOWANCES
Mr. McGee moved that the bill be amended by adding the following new section:
SECTION ___. Section 23 of chapter 21 of the acts of 2009 is hereby amended by adding the following 2 sentences:- The retirement allowance of any retired member which included in the calculation of such allowance amounts paid as clothing allowance upon which contributions were made shall not be reduced, modified or changed because of the inclusion of such clothing allowance payments. Notwithstanding any special or general law to the contrary, any amount paid to an active member for clothing allowance upon which contributions were made and included in any applicable collective bargaining agreement or individual contract for employment in effect on May 1, 2009, shall continue to be included in the definition of “regular compensation” during the term of that collective bargaining agreement or contract; provided, however, that any such amount, benefit or payment received after June 30, 2012 shall not be considered regular compensation.
ECO 315
WORKER DOCUMENTATION CERTIFICATION PROGRAM
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting after Section____, the following new Section:-
“SECTION 1. The general laws, as appearing in the 2004 official edition, are hereby amended by inserting after chapter 30B the following:-
Chapter 30C. PUBLIC CONTRACT INTEGRITY
Section 1. For the purposes of this chapter, the following words shall have the following meanings:
“public employer”, any department, agency, or public instrumentality of the commonwealth and any person, corporation, partnership, sole proprietorship, joint venture, or other business entity providing goods or services to any department, agency or public instrumentality of the commonwealth, including but not limited to the Massachusetts Turnpike Authority, Massachusetts Water Resources Authority, Massachusetts Port Authority, and the Massachusetts Bay Transportation Authority.
“worker documentation certification program”, the electronic verification of work authorization program operated by the United States Department of Homeland Security or any equivalent work authorization program operated by the United States Department of Homeland Security, the United States Department of Labor, the Social Security Administration, other federal agency, or any private verification system authorized by the director of the department of labor to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA) and its progeny.
Section 2. No public employer shall enter into a contract for the provision of goods or services within the commonwealth unless the contractor registers and participates in a worker documentation certification program to verify information of all new employees and certifies to that effect in writing to the director of the department of labor.
Section 3. No contractor or subcontractor who enters a contract with a public employer shall enter into such a contract or subcontract in connection with the provision of goods or services in the commonwealth unless the contractor or subcontractor registers and participates in a worker documentation certification program to verify information of all employees and certifies to that effect in writing to the director of the department of labor.
Section 4. Sections 2 and 3 of this chapter shall apply as follows:
(A) On or after September 1, 2007, with respect to public employers, contractors, or subcontractors of 500 or more employees;
(B) On or after September 1, 2008, with respect to public employers, contractors, or subcontractors of 100 or more employees; and
(C) On or after September 1, 2009, with respect to all public employers, contractors, or subcontractors.
Section 5. The provisions of this chapter shall be enforced without regard to race, religion, gender, ethnicity, or national origin.
Section 6. Except as provided in section 4 of this chapter, the director of the department of labor shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate the provisions of this chapter.
Section 7. The Inspector General shall develop and promulgate regulations for the purpose of ensuring that any person receiving funds pursuant to a contract awarded subject to the provisions of chapter 30B and section 44A of chapter 149 of the general laws is in compliance with federal laws pertaining to immigration and citizenship, including but not limited to 42 U.S.C. 1436(a). Such regulations shall include but not be limited to the ascertaining and verification of immigration and/or citizenship status through a work authorization program maintained by the United States Department of Homeland Security or its substantial equivalent.
Section 8. No contract shall be awarded by or to a public employer, and no public funds shall be expended in accordance with such a contract, unless the public employer named in the contract complies with the regulations prescribed in this chapter.
Section 9. No funds shall be expended in accordance with a contract awarded by or to a public employer which will result in the payment of any kind to a person not in compliance with any and all federal laws pertaining to immigration and citizenship, including but not limited to 42 U.S.C. 1436(a).”
Section 10. The auditor is hereby authorized to conduct random audits to ensure compliance with the provisions of this chapter.
Section 11. The attorney general shall make available to the residents of the Commonwealth a 24-hour toll-free hotline which may be used for reporting any suspected violations of section 19C of chapter 149, or of 8 U.S.C. 1324a(h)(2), relative to the unlawful employment of unauthorized aliens. Calls to the hotline shall be treated confidentially, and callers shall have the option of reporting any violations anonymously. All complaints, whether received through the hotline, in writing, electronically, or in any other form, shall be recorded and documented by the attorney general and immediately referred to the attorney general of the United States, pursuant to the provisions of 8 U.S.C. 1324a(h)(2). The attorney general shall annually prepare a year-end report detailing all reported violations of section 19C of this chapter and of 8 U.S.C. 1324a(h)(2), the nature of said violations, the date on which each complaint was received, documented and forwarded to the attorney general of the United States, and any enforcement action taken against an employer who knowingly employs illegal aliens in the Commonwealth. Said report shall be submitted to the House and Senate Committees on Ways and Means and to the Joint Committee on Labor and Workforce Development on or before February 1 of each year.
Section 12. Paragraph (c) of section 29F of chapter 29 of the General Laws, as appearing in the 2004 official edition by inserting at the end thereof the following: -
(x) procurement in violation of the provisions of chapter 30C;
Section 13. Any employer that registers and participates in the worker documentation certification program, as prescribed within this act, shall be deemed to be in satisfaction of the provisions of this act notwithstanding any fraudulent action subsequent by an employee who provides a false identification document for the purpose of soliciting, securing or maintaining employment.”
ECO 316
LIFE SCIENCES
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-
“SECTION__. Subsection (b) of section 5 of chapter 23I, as amended by chapter 130 of the acts of 2008, is hereby amended by striking after the words “the center” the word “may” and inserting in place thereof the following word: - “shall”
ECO 317
WORKFORCE TRAINING FUND
Mr. Knapik moved that the bill be amended, in section 2, in item 7003-0701, by striking out the figure “$15,000,000” and inserting in place thereof the following figure:- “$21,000,000”.
Further ECO 317.1
Mr. Panagiotakos moves to amend the pending amendment (no. 317 by Mr. Knapik) by striking out the text and inserting in place the following text:-
by inserting after section 94 the following section:-
“SECTION 94A. Item 7003-0701 of section 2 of chapter 27 of the acts of 2009 is hereby amended by inserting after the words “private investment in job training” the following words:- “; provided further, that the unspent balance in this item shall be available in fiscal year 2011 in addition to any amount previously appropriated herein”.
2nd Redraft ECO 318
AUTO DAMAGE APPRAISER LICENSING BOARD
Mr. Buoniconti moved that the bill be amended by inserting at the end thereof the following section:-
“SECTION XX: There shall be in the division of insurance an auto damage appraiser licensing board, hereinafter called the board, consisting of four persons to be appointed by the governor, two of whom shall be affiliated with the auto body repair industry, and two of whom shall be affiliated with insurance companies writing casualty insurance within the commonwealth, and one person to be appointed by the commissioner of insurance who shall not be affiliated with either the auto body industry or the insurance industry and who shall be the chairman of the board. A vacancy on the board shall be filled within 60 days from the date of said vacancy.”
ECO 319
WITHDRAWN
ECO 320
MBI
Ms. Chandler and Messrs. Brewer and Michael Moore moved that the bill be amended by striking subsection (i) of Section 116, and, in Section 2, by inserting after item 7007-0300 the following item:
“7007-0500 For the operation and maintenance of the Massachusetts Biotechnology Research Institute for the purpose of promoting the commercialization of new, academic-based research and development, and raising the scientific awareness of the communities of the commonwealth……….$210,000”
ECO 321
EMPLOYER DEBARMENT FOR FEDERAL IMMIGRATION
LAW VIOLATIONS
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Sections:-
“SECTION __. Subsection (c) of section 29F of chapter 29 of the General Laws, as appearing in the 2008 official edition, is hereby amended in lines 52 and 53 by striking the following words: - “Debarment may be imposed for the following causes; but, debarment shall be imposed in all cases where debarment is required by law:” and inserting in place thereof the following: Debarment shall be imposed for the following causes:
SECTION __. Subdivision (1) of subsection (c) of section 29F of chapter 29, as so appearing, is hereby amended by inserting, in line 72, after the words “environment; or” the following:-
(x) a violation of federal law prohibiting the employment of unauthorized aliens; or”.
ECO 322
EOHED
Mr. Joyce moved that the bill be amended, in section 2, in item 7002-0017, by striking the figure “$2,067,930” and inserting in place thereof:- “2,182,000”
ECO 323
HOMEOWNER HEATING OIL COMPLIANCE DEADLINE
Mr. Buoniconti moved that the bill be amended by striking out section 94 and inserting in place thereof the following section:-
“SECTION 94. Chapter 453 of the acts of 2008 is hereby amended by striking out section 9 and inserting in place thereof the following section:-
Section 9. Section 3 and section 4 shall take effect on September 30, 2011.”
ECO 324
INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM
Mr. Eldridge and Ms. Fargo moved that the bill be amended, in section 2, in item by inserting after item 7004-9316 the following item: 7004-9317 - For the individual development account program; provided, that households residing in state-subsidized housing, as defined by the department, shall receive preference for enrollment in the program; provided further, that funds may be awarded to community-based organizations to establish or support local programs; provided further, that funds may be used for administrative costs to operate a program for financial literacy and asset-specific training and as a match for program participant savings for qualified acquisition costs with respect to a qualified principal residence for a qualified first-time homebuyer, as defined by the department; provided further, that the department may determine other qualified match uses consistent with the guidelines established in federal guidelines under 42 U.S.C. 604; and provided further, that funds may be used to secure federal asset building program funds……………………………………………………………………………“$200,000”
ECO 325
RESIDENTIAL ASSISTANCE FOR FAMILIES IN
TRANSITION
Mr. Eldridge, Ms. Jehlen and Ms. Fargo moved that the bill be amended, in section 2, in item 7004-9316, by striking out the figure “$1,000,000” and inserting in place thereof the following figure:- “$2,500,000”.
ECO 326
STATEWIDE PUBLIC PRIVATE ALLIANCE
Mr. Hart moved that the bill be amended, in section 2, line item 7007-0300 by striking “$1,821,455” and replacing it with “$1,921,455” and by adding at the end the following words: provided further that no less than $100,000 shall be expended to a statewide public private alliance promoting economic development in the Commonwealth, and that the Massachusetts Office of Business Development shall contract with this alliance for statewide site finding and related services.
ECO 327
NEW ENGLAND FARM WORKERS
Mr. Buoniconti moved that the bill be amended, in section 2, in item 7003-0702, by inserting at the end thereof the following:-
“provided further, that not less than $250,000 shall be expended to the New England Farm Workers Council”
ECO 328
PRUDENT FINANCIAL MANAGEMENT
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ____, the following new Section:-
“SECTION __. Sections 52, 53, 54 and 55 of Chapter 7 of the General Laws are hereby repealed.”
And moved to further amend the bill by inserting after Section ___ the following new Section:-
“SECTION ___. Section 5 of Chapter 268A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out in lines 29 through 40, the following words:- “or
f) a former state employee whose salary was not less than that in step one of job group M-VII in the management salary schedule in section forty-six C of chapter thirty, and who becomes an officer or employee of a business organization which is or was a party to any privatization contract as defined in section fifty-three of chapter seven in which contract he participated as such state employee, if he becomes such officer or employee while the business organization is such a party or within one year after he terminates his state employment, unless before the termination of his state employment the governor determines, in a writing filed with the state ethics commission, that such participation did not significantly affect the terms or implementation of such contract.”
And moved to further amend the bill by inserting after Section___ the following new Sections:-
“Section ___. Section 274 of chapter 110 of the acts of 1993, as amended by Section 3 of chapter 296 of the acts of 1993, is hereby further amended by striking out the last two paragraphs.
Section ___. Section 4 and Section 5 of chapter 296 of the acts of 1993 are hereby repealed.”
ECO 329
PUBLIC BENEFITS RESIDENCY VERIFICATION FOR
HOUSING
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended, in section 2, in item 7002-0010, by inserting after the words “funding of this program” the following:-
“Provided further, that the secretary shall file within 60 days of the effective date of this act a report with the auditor, the attorney general and the house and senate committees on ways and means detailing the means by which the office will comply with chapter 117B of the General Laws.”;
and moves to further amend the bill by inserting at the end thereof the following new section:-
“Section X. The General Laws, as appearing in the 2006 Official Edition, are hereby amended by inserting after chapter 117A the following new chapter:--
Chapter 117B
Restrictions on Public Benefits
Section 1. Definitions. As used in this chapter the following terms shall have the following meanings unless the context clearly requires otherwise:- “Emergency Medical Condition,” the same meaning as provided in section 1396b (v) (3) of Title 42 of the United States Code. “Federal Public Benefits,” the same meaning as provided in section 1611 of Title 8 of the United States Code. “State Public Benefits,” the same meaning as provided in section 1621 of Title 8 of the United States Code.
Section 2. (a) Except as otherwise provided in subsection (d) (3) of this section or where exempted by federal law, on and after January 1, 2011, each agency or political subdivision of the commonwealth shall verify the lawful presence in the United States of every natural person eighteen years of age or older who applies for state public benefits or for federal public benefits which are for the benefit of the applicant.
(b) This section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.
(c) Verification of lawful presences in the United States shall not be required: For any purpose for which lawful presence in the United States is not required by law, ordinance, or rule; For obtaining health care items and services that are necessary for the treatment of an emergency medical condition of the person involved and are not related to an organ transplant procedure; For short-term, non-cash, in-kind emergency disaster relief; For public health assistance for immunization with respect to diseases and for testing and treatment of symptoms of communicable diseases; For programs, services, or assistance, such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by Federal laws or regulations that: Deliver in-kind services at the community level, including services through public or private nonprofit agencies; Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient’s income or resources; and Are necessary for the protection of life or safety or; For parental care.
(d) An agency or a political subdivision shall verify the lawful presence in the United States of each applicant eighteen years of age or older for federal public benefits or state public benefits by requiring the applicant to:
(1) Produce: A valid Massachusetts driver license or a Massachusetts identification card, issued pursuant to section 8 of chapter 90 of the General Laws, and 540 Code of Massachusetts Regulation (CMR) 2.06
(2) (b); A United States military card or military dependent’s identification card; or A United States Coast Guard Merchant Mariner card; or A Native American tribal document.
(3) If such documentation as required in subparagraph (1) of subsection (d) of this section cannot be lawfully produced, execute a notarized affidavit stating that he or she is a United States citizen or legal permanent resident; or that he or she is otherwise lawfully present in the United States pursuant to federal law.
(e) Notwithstanding the requirements of subparagraph (1) of subsection (d) of this section, the Commissioner of the Department of Revenue may issue emergency rule, to be effective until July 1, 2010, providing for additional forms of identification or a waiver process to ensure that an individual seeking benefits pursuant to this section proves lawful presence in the United States. This subsection and all emergency rules authorized hereunder shall cease to be effective as of July 1, 2010.
(f) A person who knowingly makes a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to subsection (4) of this section shall pay a fine of not less than $1,000 and not more than $5,000, or shall be sentenced to serve not less than 6 months nor more than 1 year in the House of Corrections. Each time that a person receives a public benefit based upon such a statement or representation they make shall constitute a separate violation of this section.
(g) (1) For an applicant who has executed an affidavit stating that he or she is an alien lawfully present in the United States, verification of lawful presence for federal public benefits or state or local public benefits shall be made through the Federal Systematic Alien Verification for Entitlement program, referred to in this section as the “SAVE program”, operated by the United States Department of Homeland Security. Until such verification of lawful presence is made, the affidavit may be presumed to be proof of lawful presence for purposes of this section.
(2) The secretary of each executive office of the commonwealth shall promulgate regulations to ensure that each agency or political subdivision has access to the SAVE program by way of the executive office under which it is organized. Each executive office shall be responsible for the verification through the SAVE program of all its sub agencies. Each executive office shall enter into a memorandum of understanding or any other requirement pursuant to the SAFE program in order to streamline the verification process. Each executive office shall keep account of all applications submitted through its subdivisions and transfer back to its subdivisions any costs on an annual basis.
(h) Agencies or political subdivisions of the commonwealth may adopt variations of the requirements of paragraph (b) of subsection (4) of this section to improve efficiency or reduce delay in the verification process or to provide for adjudication of unique individuals circumstances in which the verification procedures in the section would impose unusual hardship on a legal resident of the commonwealth; provided, that the variations shall be no less stringent than the requirements of this section, including provisions to timely execute notarized affidavits.
(i) It shall be unlawful for an agency or political subdivision of the commonwealth to provide a federal public benefit or state or local public benefit in violation of this section. Each agency or department that administers a program that provides state of local public benefits shall provide an annual report with respect to its compliance with this section to the auditor and to the House and Senate chairs of the joint committee on state administration and regulatory oversight.
(j) Errors and significant delays by the SAVE program shall be reported to the United States Department of Homeland Security which monitors the SAVE program and its verification application errors and significant delays and report yearly on such errors and delays, to ensure that the application of the SAVE program is not wrongfully denying benefits to legal residents of the State.
SECTION 3. If any provision of this act or the application thereof to any person or circumstance is held by any court to be unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and to this end the provisions of the section are declared to be severable.”
Further ECO 329.1
PUBLIC BENEFITS RESIDENCY VERIFICATION FOR HOUSING
Mr. Panagiotakos moves to amend the pending amendment (No. 329 by Messrs. Tisei, Tarr, Knapik, Hedlund and Ross) by striking out the text and inserting in place the following text:-
by inserting after Section 13, the following section:-
“SECTION 13A. (a) Notwithstanding any general or special law to the contrary, the department of housing and economic development, in this section, the “department”, shall direct local housing authorities to:
(1) Require an applicant to provide the local housing authority access to reliable and reasonably obtainable documentation verifying the accuracy of information provided by an applicant on an application form or otherwise necessary at the time of determining final eligibility and qualification. Income of applicants shall be verified by the procedure specified in clause (5). If the local housing authority has verified any information when making a preliminary determination of eligibility for the applicant, the local housing authority shall re-verify such information on its final determination of eligibility and qualification. Non-receipt of requested documentation, without good cause established by applicant, shall be cause for determining applicant unqualified.
(2) Require an applicant to provide the names and current addresses of all landlords or housing providers for applicant and household members during the period 5 years prior to application through the date of the final determination. If, after request, the local housing authority has failed to receive a reference from a landlord or a housing provider, it shall notify the applicant of non-receipt and the local housing authority shall request that the applicant use his best efforts to cause his landlord or housing provider to submit the reference to the local housing authority. In the event that the applicant uses his best efforts but is unsuccessful, the applicant shall cooperate with the local housing authority in securing information from other sources relative to the tenancy. Non-receipt of a reference from a landlord or housing provider shall be cause for determining an applicant unqualified unless the applicant can show that he has used best efforts to secure the reference and that he has complied with reasonable requests for cooperation in securing other information.
(3) Obtain criminal offender record information for each applicant and may check public records, other sources of public information, credit reports and other reliable sources. The local housing authority may conduct a home visit, which shall be scheduled reasonably in advance. Observations by the person making such a visit shall be promptly reduced to writing and placed in the applicant's file.
(4) Information regarding eligibility or qualification may be obtained by the local housing authority from interviews with the applicant and with others from telephone conversations, letters or other documents and from other oral or written materials. All such information received shall be recorded in the applicant's file including the date of its receipt, the identity of the source and the person receiving the information.
(5) The local housing authority shall assess financial eligibility by reviewing the applicant’s net household income. In reviewing the applicant’s financial status, the local housing authority shall assess, but shall not be limited to:
(i) the full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses and other compensation for personal services;
(ii) income from the operation of a business or profession by each self-employed household member after deduction for the ordinary and necessary expenses of the business or profession; provided, however, that the deductible expenses of the business or profession shall not exceed 85 per cent of the gross receipts of the business or profession; provided further, that deductible expenses of the business or profession shall not include rent or utilities paid for the tenant’s unit if the business or profession is located in the tenant’s unit;
(iii) income of any kind from real or personal property including rent, dividends and interest; provided, however, that amortization of capital indebtedness and depreciation shall not be deducted in computing net income; provided further, that any realization of taxable capital gain on the sale or transfer of an investment or other real or personal property shall be included as income; provided, further that if the household has marketable real or personal property with a fair market value exceeding $5000, excluding any automobile used as the primary means of transportation by 1 or more household members, gross household income shall include the higher of actual income derived from any such property or a percentage of the value of such property; and provided further, that this percentage shall be the current passbook savings rate, as determined from time to time by the federal Department of Housing and Urban Development for federally assisted housing or as otherwise determined by the department of housing and community development;
(iv) periodic payments received from social security, annuities, retirement funds and pensions, individual retirement accounts and other similar types of periodic payments of retirement benefits, excluding non-taxable amounts which constitute return of capital and are specifically identified as such by payer;
(v) payments in lieu of earnings, such as unemployment compensation, Supplemental Security Income, Social Security Disability Income, and benefits in lieu of earnings under disability insurance, health and accident insurance or workers’ compensation; provided, however, that an unallocated lump sum settlement or similar payment, all or partly, on account of lost wages resulting from an injury shall be equitably allocated to reflect a monthly payment on account of lost wages for the period during which the recipient is likely to be disabled from the injury and the recipient shall be deemed to receive such a monthly payment each month during the continuance of his disability until the allocated funds are deemed exhausted; provided further, that payments from the government, subsequently reimbursed to the government, shall not be included as income;
(vi) regularly recurring contributions or gifts received from non-household members; provided, however, that to be regularly recurring, a contribution or gift must occur at least twice a year for 2 or more years; provided further, that a contribution or gift in excess of $2,000 which occurs once a year from year to year for 2 or more years shall also be deemed to be regularly recurring;
(vii) regular payments of public assistance;
(viii) payments received for the support of a minor including, but not limited to, payments for child support, foster care, social security or public assistance, including payments nominally made to a minor for his support but controlled for his benefit by a household member who is responsible for his support;
(ix) lottery winnings, gambling winnings and similar receipts;
(x) receipts of principal and income from the trustee of a trust and receipts of income from the executor or administrator of an estate or from some other fiduciary;
(xi) alimony or payment for separate support;
(xii) gifts which are not regularly recurring;
(xiii) amounts, including lump-sums, specifically received for the cost of medical care or which are made to compensate for personal injury or damage to, or loss of, property under health, accident or liability insurance, worker's compensation, judgments or settlements of claims, insofar as these payments do not compensate for loss of income for a period when the recipient was, or would be a tenant;
(xiv) amounts of educational scholarships or stipends for housing paid by a non-household member for a student at an educational institution, including amounts paid for these purposes to part-time students, whether paid directly to the student or the educational institution, and amounts paid by the United States Government to a veteran for use in paying tuition, fees or the cost of books, to the extent that such payments are so used;
(xv) the special pay to a member of the armed forces on account of service in a war zone;
(xvi) relocation payments made pursuant to state or federal law;
(xvii) payments received from the Social Security Administration program known as the Plan to Attain Self Sufficiency, provided that the recipient fulfills all Plan to Attain Self Sufficiency program requirements;
(xviii) the value of food stamps;
(xix) payments received by participants or volunteers in programs pursuant to the Domestic Volunteer Service Act of 1973;
(xx) the increased amount of income earned from employment by 1 or more household members if the increase in earned income otherwise would result in a rent increase provided that unless:(A) the household’s income has been derived, at least in part, from Transitional Aid to Families with Dependent Children, Emergency Assistance to the Elderly, Disabled and Children Program, Supplemental Security Income, Social Security Disability Income or a successor program for each of the previous 12 months;
(B) the household’s increased earned income has been accompanied by a decrease in the amount of Transitional Aid to Families with Dependent Children, Emergency Assistance to the Elderly, Disabled and Children Program, Supplemental Security Income, Social Security Disability Income or public assistance from a successor program; or
(C) if at the commencement of this exclusion the recipient of such public assistance would have remained eligible for such assistance if the income had not been earned; provided, however, that this earned income exclusion shall be in effect for 1 continuous 12-month period, regardless of any changes or gaps in employment during that period; provided further, that this exclusion may be exercised by the tenant when a household member has procured either full- or part-time employment; and provided further, it shall be within the tenant’s sole discretion whether, or when, to exercise this 1-time earned income exclusion;(xxi) payments for a household member for participation in an employment program operated by a bona fide program providing employment training, if such program is approved by the department or if sponsored or administered by a government agency to cover costs related to training or employment including, but not limited to, transportation, program fees, books or child care during training; provided, however, that this exclusion shall not apply to wages received through programs for training for employment, such as wages from on-the-job training;
(xxii) wages or salary earned by a full-time student or by an unemancipated minor;
(xxiii) income of a live-in personal care attendant, who is not a family member, who is paid for the fair market value of his services to a household member with a disability and whose income is not available for the needs of any household member: provided, however, that the personal care attendant shall be required to substantiate that he receives wages for the fair market value of his services and that such income is not available for the needs of any household member;
(xxiv) inheritances and life insurance proceeds; provided, however, that this exclusion shall not apply to post-death interest paid on inheritances or insurance proceeds;
(xxv) at the discretion of the local housing authority, with respect to an unemployable disabled veteran, whose disability occurred in connection with military service, all but $1,800 of the annual amount received by such unemployable disabled veteran from the United States Government on account of such disability; provided, however, that if the local housing authority excludes all but $1,800 of such amount, no deductions shall be applied against that $1,800;
(xxvi) a return of capital upon the sale or transfer of an investment or of other real or personal property; and
(xxvii) wages or salary earned by a tenant who is age 62 or older, or other household member who is age 62 or older, but this amount shall not exceed the total amount earned by a person working 20 hours per week at the minimum wage specified in section 1 of chapter 151; and
(xxviii) net household income which shall be calculated by the gross household income less the following deductions; provided, however, that in no event shall net household income be less than zero:(A) $400 for a household living in family housing in which the tenant is an elderly person of low-income or a handicapped person of low- income if the household is not overhoused, as defined in 760 CMR 6.03
(B) $300 for each unemancipated minor household member (under age 18);
(C) $300 for each adult household member, other than the tenant; provided, however that this deduction shall be limited by the amount by which the gross income of such adult household member exceeds all other deductions claimed against his income;
(D) a deduction for heat in the amount prescribed by the department’s schedule of heat deductions; provided, however, that this deduction shall be available only to a household that separately pays for the cost of heat;
(E) payments for necessary medical expenses, including co-payment amounts, which are not covered by insurance or otherwise reimbursed; provided, however, that such expenses are in excess of 3 per cent of the annual gross household income and are paid by household members; provided further, that payments for medical health insurance shall be considered medical expenses;
(F) payments for the care of a child of a sick or incapacitated household member provided that the local housing authority shall have determined the payments to be necessary for the employment of another household member who would otherwise have provided such care; provided, however, that the total amount deducted for this deduction and the deductions in clauses (vii) and (viii) for this household member who makes the payment shall not exceed his gross income;
(G) child support, separate support or alimony paid under court order or court approved agreement by a household member for the support of a minor child, spouse or ex-spouse not residing with the household; provided, however, that the total amount deducted for this deduction and the deductions in clauses (vi) and (viii) for this household member shall not exceed his gross income;
(H) non-reimbursable payments of tuition and fees of vocationally related post-secondary education of a household member who is not a full-time student; provided, however, that the amount deducted for this deduction and the deductions in clauses (vi) and (vii) for this household member shall not exceed his gross income;
(I) non-reimbursable payments for reasonable and necessary housekeeping or personal care services for a household member with a disability who, as a result of his disability, is physically unable to perform the housekeeping or personal care services if no household member is reasonably available to perform these services; and
(J) travel expenses, in excess of the cost of the least expensive available transportation, for a household member with a disability who, as a result of his disability, is physically unable to use the least expensive available transportation and who uses the least expensive transportation practical for him in connection with necessary activities; provided, however, that these necessary activities cannot reasonably be performed by another household member.
(b) The secretary of the department shall report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the department from those who received assistance fraudulently and the number of recipients who were issued partial or lifetime disqualifications.”
RULED OUT OF ORDER
ECO 330
WATER'S EDGE FILERS
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section _____, the following new Section:-
“SECTION XX. Subdivision (3) of subsection (c) of section 32B of chapter 63 of the General Laws, (as appearing in the 2008 official edition), is hereby amended by striking out in lines 75 to 91, inclusive, clauses (i), (ii) and (iii), and inserting in place thereof the following clauses:
(i) any member incorporated in the United States or formed under the laws of the United States, any state, the District of Columbia, or any territory or possession of the United States, but excluding any member where at least 80 percent of the gross income from all sources of the member in the tax year is active foreign business income as defined in Internal Revenue Code Section 861 (c)(1)(B);
(ii) any member, regardless of the place incorporated or formed outside the United States, if the average of its property, payroll, and sales factors within the United States is 20 per cent or more. For purposes of this determination, subsection (g) of section 38 of chapter 63 shall apply.
(iii) any member that earns more than 20 per cent of its gross income, directly or indirectly, from intangible property or service-related activities the costs of which generally are deductible for federal income tax purposes, whether currently or over a period of time, against the business income of other members of the group, but only to the extent of the net income and apportionment factors related thereto. However, the inclusion of such income and apportionment factors does not apply if the exceptions to the related party add back provisions under sections 31I, 31J, and 31K would otherwise apply to the intercompany transactions at issue. For purposes of this provision, the exceptions under sections 31I, 31J, and 31K shall be applicable to intercompany transactions related to intangible property or service-related activities that are subject to this provision. A worldwide election shall be effective only if made on a timely-filed, original return for a taxable year by the members of the combined group subject to tax under this chapter. A worldwide election shall be binding for and applicable to the taxable year for which it is made and all taxable years thereafter for a period of 10 years, subject to regulations adopted by the commissioner.”.
ECO 331
WITHDRAWN
Redraft ECO 332
Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:-
“SECTION XX. Subsection 42(b)(1) of chapter 23G of the General Laws is hereby amended by inserting after the words “Municipally owned buildings, structures or sites must be a minimum of 50,000 square feet in size, of which at least 50 per cent is used as a cultural facility” the following language: “unless said municipally owned building is 125 years old or more and significant in the history, archeology, architecture or culture of the nation, the commonwealth or said community, in which case it may be of any size and dedicated to any public purpose”.
ECO 333
COMMONWEALTH ZOOLOGICAL CORPORATION
Mr. Hart moved that the bill be amended, in section 2, in item 7007-0951, by striking out the figure $2,000,000 and inserting in place thereof the figures “$3,500,000”
ECO 334
PERMANENT HOUSING FOR HOMELESS FAMILIES
Ms. Tucker moved that the bill be amended, in section 2, in item 7004-0101 by striking out the words “reduce the average length of stay in family shelters;” and inserting in place thereof the words:-
“more rapidly move families into permanent sustainable housing;”
ECO 335
WITHDRAWN
ECO 336
TECHNICAL ASSISTANCE PROGRAM
Mr. Buoniconti moved that the bill be amended, in section 2, in item 7003-0701, by inserting at the end thereof the following:-
“provided further that not less than $250,000 shall be expended for Springfield Technical Assistance Program to be operated by the Affiliated Chambers of Commerce of Greater Springfield”
ECO 337
PUT PEOPLE TO WORK
Mr. McGee moved that the bill be amended, in section 2, in item 4401-1000, by inserting after the word “program” the following:
“provided further, a subsidized employment program shall be developed for adults and youth in the commonwealth; provided further, that a minimum of $30,000,000 in funds received by Massachusetts from the Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs as provided for under section 403(c) of the social security act (42 U.S.C. 603 (c)) as amended will be expended for the subsidized employment for temporary aid to families with dependent children eligible adults and youth; provided further that funds shall be allocated to the commonwealth corporation through an interagency service agreement and managed by local workforce investment boards consistent with current state policy for workforce investment act and youth works funding; provided further, that funds shall be available for expenditure through September 30, 2012;” and in said item by striking the figures “$23,042,578” and inserting in place there of the figures “$53,042,578”
ECO 338
EDUCATIONAL REWARDS GRANT PROGRAM
Mr. Eldridge, Ms. Fargo and Mr. Hart moved that the bill be amended, in section 2, by inserting after item 7002-9702 the following item:
“7002-1084 For the Education Rewards Grant Program Fund…………………$500,000”
ECO 339
WATERFRONT DEVELOPMENT
Mr. Tarr moved that the bill be amended by inserting, after Section X, the following 2 sections:-
“SECTION XX. The
Massachusetts Development Finance Agency is hereby authorized and directed to
expend an amount not to exceed ten million dollars for the purpose of
establishing a revolving fund to make interest-free or low interest loans to
rehabilitate existing infrastructure in waterfront areas to encourage and
assist industrial and commercial development and activities.
SECTION XXX. To meet
expenditures necessary in carrying out the provisions of Section 1 of this Act,
the State Treasurer shall, upon request of the Governor, issue and sell bonds
of the Commonwealth, to an amount specified by the Governor from time to time,
not exceeding in the aggregate, the sum of ten million dollars. All bonds
issued by the Commonwealth shall be designated on their face, Waterfront
Rehabilitation Capital Loan Act of 2010, and shall be issued for such maximum
term of years not exceeding twenty years, as the Governor may recommend to the
General Court pursuant to Section 3 of Article LXII of the Amendments to the
Constitution of the Commonwealth; provided, however, that all such bonds shall
be payable not later than June 30, 2030. Bonds and interest thereon
issued under the authority of this Section shall, notwithstanding any other
provisions of this Act, be general obligations of the Commonwealth”.
ECO 340
DHCD Technical Amendment
Ms. Chandler moved that the bill
be amended, in section 2, in item 7004-0102, by adding after the words “information system;” the
following:-
“provided further, that organizations which received funds through this
item in fiscal year 2010 may receive up to that same funding amount in fiscal
year 2011”
Redraft ECO 341
Ms. Tucker, Ms. Candaras, Ms. Spilka, Ms. Walsh, and Mr. Eldridge moved that the bill be amended, in section 2, in item 7004-0101, by striking out the words “provided, that eligibility shall be limited to families with income at or below 115 per cent of the federal poverty level;” and inserting in place thereof the words: -
“provided, that eligibility shall be limited to families with income at or below 115 per cent of the 2009 or a later-issued higher federal poverty level;”
By striking out the figure “45” and inserting in place thereof the figure: - “60;”
and by inserting after the words “such proposed changes;” the following new words: -
“provided further, that in fiscal year 2011, no such determination and report shall be filed prior to December 5, 2010;
ECO 342
YOUTH-AT-RISK JOB PROGRAMS
ECO 343
OPERATION OF HOMELESS PROGRAMS
Ms. Tucker moved that the bill be amended, in section 2, in item 7004-0100, by striking the figure “$5,002,623” and inserting in place thereof:- “$5,271,968”
ECO 344
MA TOURISM DEBT RELIEF
Mr. Morrissey moved that the bill
be amended, in section 2, in item 7002-0016, by inserting after the words “Massachusetts
marketing partnership”, the following:- provided further,
that not less than $500,000 shall be expended through a grant application
process established by the office of travel and tourism to offset deficits that
may occur during fiscal year 2011 for destination marketing organizations that
have seen reduced funding from their regional tourism council.
Redraft ECO 345
Mr. Buoniconti moved that the bill be amended by inserting at the end thereof the following section:-
SECTION XX: Notwithstanding any special or general law to the contrary, the division of insurance, in consultation with the division of health care finance and policy, shall promulgate regulations on or before October 1, 2010 to establish a uniform methodology for calculating and reporting by carriers for the medical loss ratios of health benefit plans under section 6 of chapter 176J, section 21 of chapter 176O and section 6 of chapter 118G of the General Laws. The uniform methodology for calculating and reporting medical loss ratios shall, at a minimum specify a uniform method for allocating expenditures as medical claims or administrative expenses, including, but not limited to: (i) financial administration expenses; (ii) marketing and sales expenses; (iii) distribution expenses; (iv) claims operations expenses; (v) medical administration expenses, such as disease management, utilization review and medical management activities; (vi) network operation expenses; (vii) charitable expenses; (viii) board, bureau or association fees; (ix) state and federal tax expenses, including assessments; (x) payroll expenses; and (xi) other miscellaneous expenses not included in one of the previous categories. The methodology shall conform with applicable federal statutes and regulations to the maximum extent possible. The division shall, before adopting regulations under this section, consult with: the group insurance commission; the Centers 904 for Medicare and Medicaid Services; the national association of insurance commissioners; the attorney general; representatives from the Massachusetts Association of Health Plans; the Blue Cross and Blue Shield of Massachusetts; the Massachusetts Medical Society, the Massachusetts Hospital Association, the Massachusetts Health Information Management Association; the Massachusetts Health Data Consortium; a representative from a small business association; and a representative from a health care consumer group.
SECTION XX. Chapter 176J is hereby amended by striking out section 6 and inserting in place thereof the following section:
Section 6. (a) Notwithstanding any law to the contrary, the commissioner shall be authorized to approve health insurance policies submitted to the division of insurance for the purpose of being provided to eligible individuals or eligible small businesses. Said health insurance policies shall be subject to the provisions of this chapter and may exclude coverage of mandated benefits and may include networks that differ from those of a health plan’s overall network. The commissioner shall promulgate regulations regarding eligibility criteria. Said eligibility criteria shall require that health insurance policies which exclude mandated benefits shall only be offered to small businesses which did not provide health insurance to its employees as of April first, nineteen hundred and ninety-two. Said eligibility criteria may require an employer contribution of at least fifty percent of the health insurance premium for employees. Said eligibility criteria shall also provide that small businesses shall not have any health insurance policies which exclude mandated benefits for more than a five year period.
(b) Notwithstanding subsection (a), for base rate changes filed under this section, if a carrier elects to limit its aggregate medical loss ratio for all plans offered under this chapter to no less than 88 percent; to limit the amount of any load in the rate for profit and surplus to no more than 1 percent; and whose administrative costs on a per member per month basis do not increase by an amount greater than 150 per cent of the prior calendar year’s percentage increase in the New England consumer price index for medical care services, as identified by the division of health care finance and policy; such plans shall be deemed approved. Carriers that are part of a holding company system may make a combined election and may report their medical loss ratio on a combined basis. A carrier making such election shall do so, in writing, to the commissioner when the carrier files changes to base rates or to rating factors under this section. A carrier making such election shall notify all its eligible individuals and eligible small groups in writing at the time of making such election that it has made such election. A carrier making an election under this subsection shall regularly and as requested by the commissioner file with the commissioner documentation reporting that the annual aggregate medical loss ratio for all plans offered under this chapter and the annual aggregate amount of any contribution to profit or surplus derived from all plans offered under this chapter complies with regulations promulgated by the commissioner. If the annual aggregate medical loss ratio for all plans offered under this chapter is less than 88 percent over the applicable 12 month period, the carrier shall refund the excess premium to its eligible individuals and eligible small groups. A carrier must communicate within 30 days to all individuals and small groups that were covered under plans during the relevant 12 month period that such individuals and small groups qualify for a refund to be issued under this paragraph, which may take the form of either a refund on the premium for the applicable 12 month period, or if the individual or groups are still covered by the carrier, a credit on the premium for the subsequent 12 month period. The total of all refunds issued shall equal the amount of a carrier’s earned premium that exceeds that amount necessary to achieve a medical loss ratio of 88 percent, calculated using data reported by the carrier as prescribed under regulations promulgated by the commissioner. The commissioner may authorize a waiver or adjustment of this requirement only if it is determined that issuing refunds would result in financial impairment for the carrier.
Section XX. Section 6 of Section of 176J, as amended by Section XX, is hereby amended further by striking out the figure 88, each time it appears, and inserting in pact thereof the following figure:-90.
Section XX shall take effect July 1, 2011.
ECO 346
DIVISION OF STANDARDS
Mr. Morrissey moved that the bill
be amended, in section 2, in item 7006-0060, by striking out the figure “$547,222”
and inserting in place thereof the following:- “$677,722”
ECO 347
VOICE OVER INTERNET PROTOCOL
Mr. Morrissey moved that the bill be amended by adding at the end thereof the following new section:-
SECTION XX. Chapter 25C of the
General Laws is hereby amended by inserting after section 6 the following
section:
Section 6A. (a) As used in this
section, the following words and phrases shall, unless the context clearly
requires otherwise, have the following meanings:
“Internet Protocol enabled service” or “IP enabled
service”, service, capability, functionality, or application provided using
Internet Protocol, or any successor protocol, that enables an end user to send
or receive a communication in Internet Protocol format or any successor format,
regardless of technology; provided, however, that
no service included within the definition of “Voice over Internet Protocol
service” shall be included within this definition.
"Voiceover Internet Protocol Service" or "VoIP Service", service that: (i) enables realtime,
2way voice communications that originate from or
terminate to the user’s location in Internet Protocol or any successor
protocol; (ii) uses a broadband connection from
the user's location; and (iii) permits users
generally to receive calls that originate on the public switched telephone
network and to terminate calls to the public switched telephone network.
(b) Except as set forth in subsections (c), (d), (e) and
(f), and notwithstanding any other general or special law to the contrary, no
department, agency, commission or political subdivision of the commonwealth,
shall enact, adopt or enforce, either directly or indirectly, any law, rule,
regulation, ordinance, standard, order or other provision having the force or
effect of law that regulates, or has the effect of regulating, the entry,
rates, terms or conditions of VoIP Service or IP enabled service.
(c) Subsection (b) shall not be construed to affect the
authority of the attorney general to apply and enforce consumer protection laws
of general applicability, including chapter 93A.
(d) Subsection (b) shall not be construed to affect,
mandate or prohibit the assessment of nondiscriminatory enhanced 911 fees or
telecommunications relay service fees.
(e) Subsection (b) shall not be construed to modify or
affect the rights or obligations of any carrier under sections 251 or 252 of
Title 47 of the United States Code.
(f) Subsection (b) shall not be construed to affect or
modify any obligations for the provision of video service by any party under
applicable law.
ECO 348
DIVISION OF INDUSTRIAL ACCIDENTS
Mr. Morrissey moved that the bill
be amended, in section 2, in item 7002-0500, by striking out the figure
“$19,906,544” and inserting in place thereof the following figure:- $20,047,378
ECO 349
HOUSING FIRST - USE OF TEMPORARY SUBSIDIES
Ms. Tucker, Ms. Spilka, Ms. Candaras, Ms. Walsh, and Mr. Eldridge moved that the bill be amended, in section 2, in item 7004-0099 by adding the following words:-
“and provided further, that the department shall, on or before September 1, 2010, promulgate regulations clarifying that a household that otherwise qualifies for any preference or priority for state subsidized housing or rental assistance based on homeless or at-risk status shall retain that preference or priority notwithstanding receipt of rental assistance that is intended to be temporary, including but not limited to any temporary or bridge subsidies provided with state or federal funds.”
ECO 350
DISTRICT LOCAL TECHNICAL ASSISTANCE
Mr. Eldridge, Ms. Tucker, Ms. Spilka, Mr. Downing, Mr. Pacheco, Ms. Fargo, Mr. R. Moore, Mr. O’Leary and Mr. Tarr moved that the bill be amended in Section X by adding at the end thereof the following section:-
SECTION_ . Notwithstanding any general or
special law to the contrary, not less than 10 days after the effective date of
this act, the comptroller shall transfer $2,800,000 from the General Fund to
the District Local Technical Assistance Fund, established by section 2XXX of
chapter 29 of the General Laws.
ECO 351
WITHDRAWN
ECO 352
WITHDRAWN
Redraft ECO 353
JUST A START BIOTECH AND BIOMEDICAL CAREERS TRAINING PROGRAM
Mr. DiDomenico moved that the bill be amended, in section 2, in item 7003-0702, by inserting the following:- “; provided, that funds may be administered by the department of workforce development for the Just-A-Start Corporation to provide training for entry level employment in the biotech and medical fields for 30 unemployed, underemployed or displaced workers, or persons receiving benefits from transitional aid to families with dependent children”.
ECO 354
EMERGENCY SHELTER IN HOTELS AND MOTELS
Mr. Knapik moved that the bill be amended by adding the following new Section:-
SECTION X. Notwithstanding any general or special law to the contrary, the Department of Housing and Community Development shall require weekly meetings between each individual or each head-of-household housed in a hotel or motel as part of the emergency shelter program and a qualified social worker employed by the department or by another relevant state department. The purpose of the meeting shall be to assess the well-being and safety of each individual, as well as to evaluate the individual’s or family’s continued need for emergency shelter in the hotel or motel. The social worker shall ensure that each individual and family is working toward self-sufficiency and has a department-approved plan for leaving the hotel or motel and finding permanent housing.
ECO 355
PRIVATIZATION LIMITS INCREASE
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-
“SECTION __. Section 53 of chapter 7 of the General Laws, as amended by section 7 of chapter 27 of the acts of 2009, is hereby amended by striking the figure “$500,000” and inserting in place thereof the following figure:- “$2,000,000”.
ECO 355.1
PRIVATIZATION LIMITS INCREASE
Mr. Berry moves to further amend the pending amendment (no. 355 by Messrs. Tisei, Tarr, Knapik, Hedlund and Ross) by striking out the text and inserting in place therof the following:-
“SECTION __. Section 53 of chapter 7 of the General Laws, as amended by section 7 of chapter 27 of the acts of 2009, is hereby amended by striking the figure “$500,000” and inserting in place thereof the following figure:- “$1,000,000”.
ECO 356
WITHDRAWN
ECO 357
PROJECT LABOR AGREEMENTS COMMISSION
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-
“SECTION__. A special commission is hereby established to consider the circumstances under which project labor agreements should be utilized, including consideration of their appropriateness and function and the size, complexity and duration of the public construction projects for which they should be utilized. Said commission shall consist of the secretary of administration and finance or designee thereof, the attorney general or designee thereof, the auditor or designee thereof, the commissioner of capital planning and operations or designee thereof, a representative of the Construction Industries of Massachusetts, a representative of the Massachusetts Building Trades Council, a representative of the Associated Builders and Contractors of Massachusetts, and a representative of the Association of Commercial and Industrial Builders of Massachusetts. Said commission shall report its findings, together with drafts of any legislation it recommends, to the joint committee on commerce and labor not later than July 1, 2011.”
ECO 358
CAPITAL GAINS BUDGETING
Mr. Hedlund moved that the bill be amended in Section 23 by striking out the text in its entirety and replacing it with the following:
SECTION 23: Said chapter 29 is hereby further amended by inserting after section 5F the following section:-
Section 5G.
Notwithstanding any general or special law to the contrary, the department of
revenue shall report by November 30 to the state comptroller, the executive
office for administration and finance and the house and senate committees on
ways and means tax revenues estimated to have been collected during the
preceding fiscal year from capital gains income; provided, however, that
beginning October 31 and quarterly thereafter the department of revenue shall
certify to the state comptroller the amount of tax revenues estimated to have
been collected during the preceding quarter from capital gains income.
All tax
revenues collected from capital gains income shall be expended in the following
manner: Twenty-five percent shall be used for the defeasement of all debt
incurred by the Commonwealth; and further that twenty-five percent be
transferred into the Commonwealth Stabilization Fund established in section 2H;
and further that fifty percent be reserved for the funding of capital
improvement projects within the Commonwealth.
ECO 359
PRIORITIZING PUBLIC HOUSING
Mr. Hedlund moved that the bill be amended by inserting, after Section __, the following new Section:-
SECTION _: Section 32 of chapter 121B of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following paragraph:- Notwithstanding any general or special law or regulation to the contrary, an applicant for assisted housing under this chapter who is not eligible for federal assisted housing under 42 U.S.C. section 1436a, and who is not a person residing in the United States as defined in regulations of the federal Department of Health and Human Services, shall not displace or be given priority over any applicant who is so eligible.”
ECO 360
REPEAL COMBINED REPORTING
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ____, the following new Section:-
“Section: ____. Chapter 173 of the acts of 2008 is hereby repealed.”
RULED OUT OF ORDER
ECO 361
TEMPORARY CAPITAL GAINS TAX DECREASE
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section___, the following new Sections:-
“SECTION AA. Subsection (a) of section 4 of chapter 62 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking subdivision (1) and inserting in place thereof the following subdivision:
(1) Part A taxable income consisting of capital gains shall be taxed at the rate of 6 per cent.
SECTION XX. Section AA shall be effective for tax years beginning on or after January 1, 2011, and shall expire on or after December 31, 2013.
SECTION BB. Subsection (a) of section 4 of chapter 62 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking subdivision (1) and inserting in place thereof the following subdivision:
(1) Part A taxable income consisting of capital gains shall be taxed at the rate of 12 per cent.
SECTION XX. Section BB shall be effective for tax years beginning on or after January 1, 2014.”.
ECO 362
ECO 363
CAREER CENTER AMENDMENT LANGUAGE
Mr. DiDomenico moved that the bill be amended, in section 2, in item 7003-0803, by inserting after the word “centers” the following: “provided that not less than $2,750,000 shall be expended for one-stop centers that were in existence on May 1, 1997, located in the Boston, Hampden county and Metro North service delivery areas and any satellite offices of said centers which opened on or before December 1, 1997.”
ECO 364
EDIP
Ms. Spilka moved that the bill be amended by inserting at the end thereof the following new sections:
SECTION XX. Subsection (g) of section 6 of chapter 62 , as amended by section 21 of chapter 166 of the Acts of 2009, is hereby amended by striking out the third sentence of paragraph (1) and inserting in place thereof the following sentences:-
If such property is disposed of or ceases to be in qualified use within the meaning of section 31A or ceases to be used exclusively in a certified project before the end of the certified project’s certification period, or if a certified project’s certification is revoked, the recapture provisions of subsection (e) of section 31A shall apply. If such property is disposed of after the certified project’s certification period but before the end of such property's useful life, the recapture provisions of subsection (e) of section 31A shall apply. The expiration of a certified project’s certification shall not require the application of the recapture provisions of subsection (e) of section 31A.
SECTION
XX. Subsection
(a) of section 38N of chapter 63, as amended by section 23 of chapter 166 of
the Acts of 2009, is hereby amended by striking out the last sentence of third
paragraph and inserting in place thereof the following sentences:-
If such property is disposed of or ceases to be in qualified use within the meaning of section 31A or ceases to be used exclusively in a certified project before the end of the certified project’s certification period, or if a certified project’s certification is revoked, the recapture provisions of subsection (e) of section 31A shall apply. If such property is disposed of after the certified project’s certification period but before the end of such property's useful life, the recapture provisions of subsection (e) of section 31A shall apply. The expiration of a certified project’s certification shall not require the application of the recapture provisions of subsection (e) of section 31A.
2nd Redraft ECO 590
Mr. Hart moved that the bill be amended, in section 2, in item 7003-0701 by by adding the following: “; provided further, that the Urban League of Eastern Massachusetts shall receive an appropriation not less than the amount provided to the said organization in Chapter 61 of the Acts 2007 for education, career development and employment services”