PETITION OF:

SECTION 1. Section 24 of chapter 10 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the word “arts” in line 2 the following words:— and for the benefit of conservation and wildlife.

SECTION 2. Said section 24 of said chapter 10, as so appearing, is hereby further amended by inserting after the word “court” in line 83 the following words:— conservation and wildlife council.

SECTION 3. Said chapter 10 is hereby further amended by inserting after section 56 the following section:—

Section 56A. There shall be in the office of the state treasurer but not subject to its control, a Massachusetts Conservation and Wildlife Council consisting of 5 members to be appointed by the governor for terms of 5 years. Members shall have demonstrated expertise in conservation and wildlife affairs.

The council shall stimulate conservation and wildlife preservation activities within cities and towns by administering and distributing funds for the Conservation and Wildlife Land Fund established by section 57A to the several local and regional councils established under section 57B.

Elected public officials shall not be eligible for membership on the council. The governor shall designate the chairman of the council. Upon expiration of the term of office as a member, his successor shall be appointed in like manner, and shall serve until the qualification of his successor. Any vacancy, occurring for any reason other than the expiration of the term, shall be filled for the unexpired term in the same manner as the original appointment.

The council shall receive applications for said funds from local and regional cultural councils and shall determine if applications for funds comply with said guidelines, rules, rulings or regulations.

The council, upon the determination of compliance with its guidelines, rules, rulings or regulations, shall certify to the comptroller the payment to the several cities and towns to the extent that monies would be payable to such cities and towns under the provisions of section 18C of chapter 58; provided, however, that the definition of “persons who reside in the commonwealth” as contained in clause (3) of paragraph (a) of said section 18C shall be construed not to include the population of those cities, towns or consortiums of cities and towns which have not established local or regional councils for the purpose of distributing funds under this section; and provided, further, that conservation and wildlife lottery funds shall not be added to the Local Aid Fund pursuant to section 2D of chapter 29 but shall be separately distributed. Conservation and wildlife lottery funds so certified and allocated to a local or regional council shall be deposited with the treasurer of the appropriate city or town and expended as provided in such application as approved by the council. Funds not so certified shall, at the discretion of the council, be retained for the account of such local or regional cultural council, or expended or distributed by the council for the benefit of such 1 or more local regional councils as the council may deem appropriate.

SECTION 4. Section 57 of said chapter 10, as appearing in the 2000 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:— Said fund shall consist of 50 percent of all revenues received from the sale of arts lottery and conservation and wildlife tickets or shares and all other monies credited or transferred thereto from any other fund or source pursuant to law.

SECTION 5. Said chapter 10 is hereby further amended by inserting after section 57 the following section:—

Section 57A. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Conservation and Wildlife Fund, said fund shall consist of 50 percent of all revenues received from the sale of arts lottery and conservation and wildlife tickets or shares and all other monies credited or transferred thereto from any other fund or source pursuant to law. As of July 1 and January 1 of each year, the comptroller shall determine the net balance in the Conservation and Wildlife Fund derived from arts and conservation wildlife lottery revenues for the preceding 6 months after deductions are made for: (1) the amounts paid or incurred for prizes to holders of the winning lottery tickets or shares during such 6 month period, (2) the expenses of the state lottery commission in administering and operating the lottery for the arts for such 6 month period, subject to appropriation, as certified by the commissioner of administration, which amount the treasurer shall, as of such July 1 or January 1, transfer to the General Fund, (3) the expenses of administration of the council for such 6 month period, including expenses of members, subject to appropriation, as certified by the commissioner of administration, and which amount the treasurer shall, as of such July 1 or January 1 transfer to the General Fund. Such net balance of any conservation and wildlife lottery revenue for such preceding 6 month period not already deducted in clause (1), (2) or (3), if any, shall be allocated and expended as follows:

(a) 1,500,000 dollars shall be retained in the Conservation and Wildlife Lottery Fund and shall be available for distribution by the council as hereinafter provided in this section; (b) the amount determined by the comptroller as of July 1 and January 1 not already allocated in clause (a) shall be transferred to the Local Aid Fund. The amount remaining including: (i) the amount determined under clause (a) (ii) any amounts credited or transferred to the Conservation and Wildlife Lottery Fund and not yet distributed derived from sources other than the sale of arts lottery tickets, and (iii) any amount in the State Arts Lottery Fund derived from revenues of the arts lottery conducted earlier than such preceding 6 month period, shall be distributed to several cities and towns as provided under section 58A and the guidelines, rules, rulings or regulations issued by the council. The council may determine the time and amount for the distribution of such funds as the council may deem necessary or desirable provided, however, that each eligible city or town shall be eligible to receive an annual minimum of 1,000 dollars.

SECTION 6. Said chapter 10 is hereby further amended by inserting after section 58 the following section:—

Section 58A. Any city or town may establish a local conservation and wildlife council and any consortium of cities and towns with the approval of the council may establish a regional council.

Regional councils shall consist of an equal number of members to be appointed from each city or town within the consortium in the manner herein described. The regional council may adopt, at its option, a proportional membership consistent with the population of each municipality; provided, however, that each municipality shall have at least 1 member; and provided, further, that the adoption of such option shall be a 2/3 vote of the regional council. Notwithstanding any provisions to the contrary, if the council deems it necessary or desirable in order to carry out its purposes, it may certify for payment in accordance with section 56A those applications for funds received from any local or regional councils whose composition is determined by the council as not complying with the provisions of this section, provided that upon notice of such noncompliance, such local or regional council, or its appointing authority, as the case may be, either cures such noncompliance or provides certification satisfactory to the council of how and by when such compliance will be achieved.

Local and regional councils may establish administrative units but no such council shall utilize more than 5 percent of the monies received from the Conservation and Wildlife Lottery Fund for administrative purposes.

Subject to rules, regulations, rulings or guidelines of the council, such local or regional counties may decide the distribution of lottery funds that may be allocated to them, may conduct other activities to promote and encourage conservation and wildlife preservation, may enter into contracts, subject to approval of town counsel or city solicitor as to form, and may do and perform any and all acts which may be necessary to carry out its powers and purposes.