Therefore the amendment was adopted.

At six minutes after six o’clock P.M., the Speaker declared a recess until the hour of seven o’clock; and at a quarter after seven o’clock the House was called to order.

Mr. Marini of Hanson and other members of the House then moved that the bill be amended by adding at the end thereof (as changed by the committee on Bills in the Third Reading) the following seven sections:—

“SECTION 124. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of the department of revenue is hereby authorized to establish a tax amnesty program during which all penalties that could be assessed by the commissioner for the failure of the taxpayer to:

(1) to timely file any proper return for any tax types and for any tax periods,

(2) to file proper returns which report the full amount of the taxpayer’s liability for any tax types and for any tax periods,

(3) to timely pay any tax liability, or

(4) to pay the proper amount of any required estimated payment toward a tax liability, shall be waived, without the need for any showing by the taxpayer of reasonable cause or the absence of willful neglect, if the taxpayer, prior to the expiration of the amnesty period, voluntarily files proper returns for all tax types for all periods for which the taxpayer has or had a filing obligation and pays, or at the commissioner’s discretion provides security for, the full amount of tax shown on the taxpayer’s returns or upon the commissioner’s assessments, together with all interest due the commonwealth. The amnesty program shall be established for a period within fiscal year 2003 of two consecutive months to be determined by the commissioner.

The commissioner’s authority to waive penalties during the amnesty period shall not apply to any taxpayer who, prior to the start date of the amnesty program selected by the commissioner, is or has been the subject of any tax-related criminal investigation or prosecution. The amnesty program shall not apply to any tax liability of any tax type for any period commencing on or after January 1, 2001, and shall not authorize the waiver of any interest or amount treated as interest. The commissioner is authorized to offer the amnesty to those taxpayers who have either any unpaid self-assessed liability or who have been assessed a tax liability, whether before or after their filing of a return, which assessed liability remains unpaid to the commonwealth.

To the extent that any taxpayer wishing to participate in the amnesty program has postponed the payment of an assessment of tax, interest and penalty under the authority of the provisions of subsection (e) of section 32 of chapter 62C, the taxpayer shall waive in writing all rights under subsection (e) to further delay the payment of the tax and interest portions of the assessment. The tax and interest portions of such assessment shall be payable in full from the date of the commissioner’s notice of assessment. Upon payment by the taxpayer of the tax and interest of the outstanding assessment, the commissioner shall waive all penalties associated with that assessment. Thereafter, the taxpayer and the commissioner shall proceed with all administrative appeal rights that the taxpayer wishes to pursue with respect to the assessment.

The amnesty shall not apply to those penalties that the commissioner would not have the sole authority to waive, including but not limited to, fuel taxes administered under the International Fuel Tax Agreement or under the local option portions of taxes or excises collected for the benefit of cities, towns or state governmental authorities.

SECTION 125. For the purposes of discovering and identifying persons who are delinquent either in the filing of any tax return or the payment of any tax due and payable to the commonwealth and of obtaining those delinquent returns and collecting those delinquent taxes for any prior fiscal year, the commissioner of the department of revenue is hereby authorized to expend the monies appropriated in this act for the purpose of maximizing the tax revenues paid to the commonwealth. The commissioner shall report annually to the joint committee on taxation and the house and senate committees on ways and means the amounts expended under the program and tax revenues collected.

SECTION 126.

“1201-0101 The department of revenue is hereby authorized to expend for the costs of the programs authorized by sections 1 and 2 of this act an amount not to exceed $6,054,988 from the revenues collected under the programs; provided, notwithstanding the provisions of any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate therefor as reported in

the state accounting system 6,054,988”.

SECTION 127. For the purpose of making available in fiscal year 2003, the balance of appropriation 1201-0101, which otherwise would revert on June 30, 2002, the unexpended balance of the appropriation, not to exceed $6,054,988, is hereby re-appropriated for the purposes of and subject to the conditions stated in the corresponding item in section 3 of this act. The sums re-appropriated herein shall be in addition to any amounts available for these purposes.

SECTION 128. The commissioner of the department of revenue may adopt rules and regulations as the commissioner deems necessary to implement the provisions of sections 124 to 127, inclusive.”.

The amendment was adopted.

Mr. Marini of Hanson and other members of the House moved that the bill be amended by adding at the end thereof the following section:—

“SECTION 129. Paragraph 2 of subsection (a) of section 2 of chapter 62, as appearing in the 2000 Official Edition, is hereby amended by adding, at the end thereof, the following new subparagraphs:—

(L) Amounts, whether in a single sum or otherwise, paid by an employer by reason of the death of an employee who is a specified terrorist victim, as defined in section 25 of this chapter; provided, however, subject to such rules as the commissioner may prescribe from time to time, that this section shall not apply to (i) amounts which would have been payable after death if the individual had died other than as said specified terrorist victim; and (ii) incidental death benefits paid from a plan described in the provisions of section 401(a) of the Internal Revenue Code and exempt from tax under the provisions of section 501(a) of the Internal Revenue Code. For purposes of this section, the term ‘employee’ shall include a self-employed individual as defined under section 401 (c)(1) of the Internal Revenue Code.

(M) Any amount which, but for this section, would be included in gross income by reason of the discharge, in whole or in part, of indebtedness of any taxpayer if the discharge is by reason of the death of an individual incurred as the result of the terrorist attacks against the United States on September 11, 2001, or as the result of illness incurred as a result of an attack involving anthrax occurring on or after September 11, 2001, and before January 1, 2002.

(N) Any amount received by an individual as a qualified disaster relief payment.

(i) For purposes of this section, the term ‘qualified disaster relief payment’ means an amount paid to or for the benefit of an individual (a) to reimburse or pay reasonable and necessary personal, family, living, or funeral expenses incurred as a result of a qualified disaster, (b) to reimburse or pay reasonable and necessary expenses incurred for the repair or rehabilitation, of a personal residence or repair or replacement of its contents to the extent that the need for such repair, rehabilitation, or replacement is attributable to a qualified disaster, (c) by a person engaged in the furnishing or sale of transportation as a common carrier by reason of the death or personal physical injuries incurred as a result of a qualified disaster, or (d) if such amount is paid by a United States, state, or local government, or agency or instrumentality thereof, in connection with a qualified disaster in order to promote the general welfare, but only to the extent any expense compensated by such payment is not otherwise compensated for by insurance or otherwise.

(ii) For purposes of this section, the term ‘qualified disaster’ means (a) a disaster which results from a terroristic or military action as defined in section 692(c)(2) of the Internal Revenue Code as in effect for the current taxable year, (b) a Presidentially declared disaster as defined in section 1033(h)(3) of the Internal Revenue Code as in effect for the current taxable year, (c) a disaster which results from an accident involving a common carrier, or from any other event, which is determined by the commissioner to be of a catastrophic nature, or (d) with respect to amounts described in subclause (d) of clause (i) of this subparagraph, a disaster which is determined by the applicable United States or state authority to warrant assistance from the United States or state or agency or instrumentality thereof.

(iii) This section shall not apply with respect to any individual identified by the attorney general of the United States to have been a participant or conspirator in a terroristic action as specified in section 25 of this chapter or a representative of such individual.

(O) Any amount received as payment under section 406 of the Air Transportation Safety and System Stabilization Act, so called.

(P) Amounts received by an individual as disability income attributable to injuries incurred as a direct result of a terroristic or military action as defined in section 692(c)(2) of the Internal Revenue Code in effect for the current taxable year.

SECTION 130. Section 25 of chapter 62, as so appearing, is hereby amended by striking out said section and inserting in place thereof the following:—

Section 25. (a) Every individual who while an inhabitant of the commonwealth, and every executor, administrator, trustee or other fiduciary who while such an inhabitant or while acting under an appointment derived from a court in the commonwealth has received any income taxable under this chapter, and the estate of every deceased inhabitant of the commonwealth, shall be subject to the taxes imposed by this chapter.

(b) Any individual (i) who dies while in active service as a member of the Armed Forces of the United States and serving in a combat zone or while a military or civilian employee of the United States as a result of terroristic or military action; and (ii) who otherwise qualifies under the provisions of section 692 of the Internal Revenue Code, shall not be subject to taxation under this chapter to the same extent as that individual is exempt from federal income taxation under said section.

(c)(1) In the case of a specified terrorist victim, any tax imposed by this chapter shall not apply with respect to the taxable year in which falls the date of death, and with respect to any prior taxable year in the period beginning with the last taxable year ending before the taxable year in which the wounds, injury, or illness referred to in paragraph (3) were incurred.

(2) If, but for this paragraph, the amount of tax not imposed by paragraph (1) with respect to a specified terrorist victim is less than $3,000, then such victim shall be treated as having made a payment against the tax imposed by this chapter for such victim’s last taxable year in an amount equal to the excess of $3,000 over the amount of tax not so imposed.

(3) Subject to such rules as the commissioner may prescribe, paragraph (1) shall not apply to the amount of any tax imposed by this chapter which would be computed by only taking into account the items of income, gain, or other amounts attributable to (i) deferred compensation which would have been payable after death if the individual had died other than as a specified terrorist victim, or (ii) amounts payable in the taxable year which would not have been payable in such taxable year but for an action taken after September 11, 2001.

(4) For purposes of this subsection, the term ‘specified terrorist victim’ means any decedent (i) who dies as a result of wounds or injury incurred as a result of the terrorist attacks against the United States on April 19, 1995, or September 11, 2001, or (ii) who dies as a result of illness incurred as a result of an attack involving anthrax occurring on or after September 11, 2001 and before January 1, 2002. Such term shall not include any individual identified by the attorney general of the United States to have been a participant or conspirator in any such attack or representative of such an individual.

SECTION 131. Subsection (a) of section 21 of Chapter 62C, as so appearing, is hereby amended by striking out the subsection in its entirety and inserting in place thereof the following:—

(a) The disclosure by the commissioner, or by any deputy, assistant, clerk or assessor, or other employee of the commonwealth of any city or town therein, to any person but the taxpayer or his representative, of any return or of any item of return information contained in or set forth by any return or document on file with the commissioner, except in proceedings or activities to determine or collect the tax or for the purpose of any criminal prosecution for any non-tax crime under any chapter of the General Laws or for any tax crime under this chapter, chapter 60A, chapters 62 to 65C, inclusive, section 10 of chapter 121A and section 21 of chapter 138, is prohibited. For the purposes of this subsection, the terms ‘return’ and ‘return information’ shall have the meanings given to them, respectively, under section 6103)(b)(1) and section 6103(b)(2)(A) of the Internal Revenue Code as in effect for the taxable year. Each reference in those two sections to the word ‘Secretary’ shall be deemed to be a reference to the commissioner of revenue.

SECTION 132. Subsection (b) of section 21 of Chapter 62C, as so appearing, is hereby amended by adding a new paragraph numbered (19) to that subsection:—

(19) the disclosure of returns or return information to any United States or Massachusetts enforcement agencies or to any United States intelligence agencies if such agency has submitted a written request for such disclosure to the commissioner signed by the head of the requesting agency or his delegate. That request shall designate the specific persons or entities about which the disclosure is requested, shall state that the agency is directly engaged in the response to, investigation of, or intelligence-gathering operations concerning, a terrorist incident, threat or activity, shall designate the terrorist incident, threat or activity which is the subject matter of the request for disclosure, and shall state the specific reason or reasons why such disclosure may be relevant to the agency’s response to, investigation of, or intelligence-gathering operations concerning, such terrorist incident, threat or activity. Information disclosed hereunder may not be further disclosed by the recipient to any person or entity, or to any public or private agency, authority or organization whatsoever. Information disclosed hereunder shall be used solely in furtherance of any United States or state investigation or proceeding concerning any United States or state crime or concerning any terrorist incident, threat or activity. For purposes of this paragraph, the term ‘terrorist incident, threat or activity’ shall mean and include those acts of domestic and international terrorism as defined, respectively, in sections 2331(5) and 2331(1) of title 18 of the United States Code, as amended from time to time. No disclosure may be made by the commissioner under the authority of this paragraph after December 31, 2003.

SECTION 133. Chapter 62C of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding after section 86 the following new section:—

Section 87. In the case of a taxpayer determined by the commissioner to be affected by a Presidentially declared disaster, as defined in section 1033(h)(3) of the Internal Revenue Code as in effect for the current taxable year, or a terroristic or military action, as defined in section 692(c)(2) of said Internal Revenue Code, the commissioner may specify a period of up to 1 year that may be disregarded in determining, under this chapter, in respect of any tax liability of such taxpayer (1) whether any of the acts described in paragraph (1) of subsection (a) of section 81 were performed within the time prescribed therefor, determined without regard to extension under any other provision of this chapter for periods after the date determined by the commissioner of such disaster or action, (2) the amount of any interest, penalty, additional amount, or addition to the tax for periods after such date, and (3) the amount of any credit or refund.

In the case of a pension or other employee benefit plan, or any sponsor, administrator, participant, beneficiary, or other person with respect to such plan, affected by a disaster or action described in subsection (a), the commissioner may specify a period of up to 1 year which may be disregarded in determining the date by which any action is required or permitted to be completed under this chapter. No plan shall be treated as failing to be operated in accordance with the terms of the plan solely as the result of disregarding any period by reason of the preceding sentence.

SECTION 134. The commissioner of revenue shall promulgate such rules and regulations as necessary to implement the provisions of sections 129 to 133, inclusive.

SECTION 135. The provisions of subparagraph (L) of section 129 shall apply to taxable years ending before, on, or after September 11, 2002. The provisions of subparagraph (M) of section 129 shall apply to discharges made on or after September 11, 2001, and before January 1, 2002. The provisions of subparagraphs (N), (O) and (P) of section 129 shall apply to taxable years ending on or after September 11, 2001. The provisions of section 133 shall apply to disasters and terroristic or military actions occurring on or after September 11, 2001.”.

After remarks the amendment was adopted.

Mr. Marini of Hanson and other members of the House moved that the bill be amended by adding at the end thereof the following section:—

“SECTION 136. Chapter 60 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding after section 3D the following section:—

Section 3E. Partial payments of bills for taxes, excises or municipal charges and fees, including partial payments under sections 22 and 62 of this chapter, shall be applied first to any interest due, then to collection charges, that have been added to the bills, unless the amount of interest and charges taken together may be waived and the collector or other officer responsible for collecting the bills determines that the partial payment should first be applied to the underlying obligation.”.

After remarks the amendment was adopted.

Mr. Marini of Hanson and other members of the House moved that the bill be amended by striking out sections 15 and 36 to 39, inclusive.

After debate on the question on adoption of the amendment, Mr. Rogers of Norwood moved that the amendment offered by Mr. Marini, et als, be amended by striking out the following: “striking out sections 15 and 36 to 39, inclusive” and inserting in place thereof the following: “in section 36 by striking out the word ‘attorney’ (inserted by amendment) and inserting in place thereof the words:— treasurer and receiver”.

On the question on adoption of the further amendment, the sense of the House was taken by yeas and nays, at the request of Mr. Jones of North Reading; and on the roll call 131 members voted in the affirmative and 21 in the negative.

[See Yea and Nay No. 303 in Supplement.]

Therefore the further amendment was adopted, thus precluding a vote on the pending amendment.

Mr. Rogers of Norwood then moved that the bill be amended in section 135, in line 2, by striking out the year “2002” and inserting in place thereof the year “2003”; and in section 136, in line 14, by striking out the following “$150” and inserting in place thereof the following: “$450.”

After remarks the amendments were adopted.

Mr. Broadhurst of Methuen then moved that the bill be amended by adding at the end thereof the following section:—

“SECTION 137. Section 39 of Chapter 262, as appearing in the 2000 Official Edition, is hereby amended by striking lines 3 and 4 and inserting in place the following:— for the entry of every original petition, complaint or writ and transmitting it to the Recorder, when filed with an Assistant Recorder, two hundred dollars. An additional fee of fifty dollars shall be paid for the issuance of an injunction or restraining order.”.

The amendment was adopted.

Recess.

At twenty-eight minutes before nine o’clock P.M., on motion of Mr. Kaufman of Lexington (the Speaker being in the Chair), the House recessed until the hour of ten o’clock A.M. on Thursday, May 9, and at that time, the House was called to order with the Speaker in the Chair. 

Thursday, May 9, 2002 (at 10:00 o’clock A.M.).

Prayer was offered by the Reverend Brian G. Bachand of St. Mary’s Church in Holliston, as follows:

Good morning.

I am honored to stand before God and the House to ask for the Lord’s blessing upon you and the task that lies before this gathering. Before the blessing, a brief quote from a Massachusetts Senator from 1830, Senator Daniel Webster. Webster said, “It is the people’s Constitution, the people’s government, made by the people and answerable to the people.”

That is your privilege today, to seek what is best for the people, for the decisions and actions that will take place here this day.

So, in a spirit of trust and confidence, let us pray that the Lord’s wisdom and strength be yours as you begin the duties set before you.

Let us pray,

Almighty God, You have revealed Your glory to all nations. God of power and might, wisdom and justice, through You authority is rightly administered, laws are enacted, and judgment is decreed.

Lord, remove from our minds and hearts all that can distract us from focusing on our role to defend and promote the common good of our society.

Let us not seek to work for our own self-interest or promotion among our peers, rather, for the promotion of those in our society who seek education, food and clothing, housing, health care, employment and social assistance.

Lord God, as these elected officials in the House today seek the immense task of the budget, grant them wisdom and integrity that they may balance fiscal realities with the realities of the people they serve and know that they are answerable to the people.

Lord, grant an outpouring of patience and understanding today as each person listens to the challenges and concerns of each member of the House. May all be reminded that the issues before us today are an opportunity to handle them together with Your light of truth. May Your spirit help us to prioritize the needs this day.

Lord, assist us with Your spirit of counsel and fortitude that the time spent on the budget will lead to greater peace and justice for all, that when our work is over, we have sought to serve for the people who’s lives will be effected by our decisions.

And, may God’s blessings be upon each person here and upon those whom you hold in your heart, and may God bless the work you accomplish this day. Amen.

Mr. Loscocco of Holliston then moved that the prayer be spread upon the records of the House; and the motion prevailed.

At the request of the Speaker, the members, guests and employees joined with him in reciting the pledge of allegiance to the flag.

Statement Concerning Representative Caron of Springfield.

A statement of Mr. DiMasi of Boston concerning Mr. Caron of Springfield was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that one of our colleagues, Representative Caron of Springfield will not be present in the House Chamber for today’s sitting due to illness. Any roll calls that he may miss today will be due entirely to the reason stated.

Statement of Representative Fennell of Lynn.

A statement of Mr. Fennell of Lynn was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that I was unable to be present in the House Chamber for a portion of today’s sitting due to a medical appointment. Any roll calls that I may miss today is due entirely to the reason stated.

Statement of Representative Haddad of Somerset.

A statement of Ms. Haddad of Somerset was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that I was not present in the House Chamber for a portion of today’s sitting due to being unavoidably detained on my way to the State House. Any roll calls that I may have missed today is due entirely to the reason stated.

Statement of Representative Knuuttila of Gardner.

A statement of Mr. Knuuttila of Gardner was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that Representatives Atkins of Concord, Blumer of Framingham, Walrath of Stow and I were not present in the House Chamber for the taking of the quorum roll call immediately subsequent to the noon recess. We were meeting with the Secretary for Administration and Finance relative to the Concord Prison and were not notified of said quorum roll call.

Statement of Representative Loscocco of Holliston.

A statement of Mr. Loscocco of Holliston was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that I was unable to be present in the House Chamber for a portion of today’s sitting due to official business in another part of the State House. I missed a quorum roll call today due entirely to the reason stated.

Statement Concerning Representative Marini of Hanson.

A statement of Mr. Jones of North Reading concerning Mr. Marini of Hanson was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that one of our colleagues, Representative Marini of Hanson will not be present in the House Chamber for today’s sitting due to illness. Any roll calls that he may miss today will be due entirely to the reason stated.

Statement of Representative Patrick of Falmouth.

A statement of Mr. Patrick of Falmouth was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that I was unable to be present in the House Chamber for a portion of today’s sitting due to official business in another part of the State House. I missed a quorum roll call today due entirely to the reason stated.

Resolutions.

The following resolutions (filed with the Clerk) were referred, under Rule 85, to the committee on Rules:

Resolutions (filed by Mr. Atsalis of Barnstable) congratulating Betty-Jane Burkhardt on the occasion of her retirement;

Resolutions (filed by Representatives Hahn of Westfield, Rogeness of Longmeadow and Story of Amherst) honoring the Episcopal Diocese of Western Massachusetts on the occasion of its centennial celebration;

Resolutions (filed by Mr. Hall of Westford) on the occasion of the dedication of a memorial honoring the Westford Firefighters;

Resolutions (filed by Mr. Hillman of Sturbridge and other members of the House) on the occasion of Missing Children’s Day;

Resolutions (filed by Mr. Locke of Wellesley) congratulating John J. Hutchinson on the occasion of his retirement; and

Resolutions (filed by Representatives Smizik of Brookline, Balser of Newton, Demakis of Boston, Donnelly of Boston and Golden of Boston) congratulating Kurkman’s Market;

Mrs. Harkins of Needham, for the committee on Rules, reported, in each instance, that the resolutions ought to be adopted. Under suspension of the rules, in each instance, on motion of Mr. Hargraves of Groton, the resolutions (reported by the committee on Bills in the Third Reading to be correctly drawn) were considered forthwith; and they were adopted.

Resolutions (filed with the Clerk by Representatives Malia of Boston and Fitzgerald of Boston) congratulating Eleanor Myerson on the occasion of her 80th birthday, were referred, under Rule 85, to the committee on Rules.

Mrs. Harkins of Needham, for the committee on Rules, then reported that the resolutions ought to be adopted. Under suspension of the rules, on motion of Mr. Fitzgerald, the resolutions (reported by the committee on Bills in the Third Reading to be correctly drawn) were considered forthwith; and they were adopted.

Papers from the Senate.

The following order (having been approved by the committees on Rules of the two branches, acting concurrently) came from the Senate with the endorsement that it had been adopted by said branch:

Ordered, That notwithstanding the provisions of Joint Rule 10, joint standing committees and the committees on Rules of the two branches, acting concurrently, be granted until Friday, June 14, 2002, within which to make reports on matters referred to them.

Under suspension of the rules, on motion of Mr. Scaccia of Boston, the order was considered forthwith; and it was adopted, in concurrence.

Notice was received that the President of the Senate had announced that Senator Glodis of the Second Worcester District had resigned from the committee on Election Laws and that Senator McGee of the First Essex District had been appointed to the first position on said committee to fill the existing vacancy.

Report of a Committee.

By Mr. Scaccia of Boston, for the committee on Rules, asking to be discharged from further consideration of the Order relative to authorizing the committee on Local Affairs to make an investigation and study of a certain House document concerning the establishment of the Plymouth Development Corporation (House, No. 4983),— and recommending that the same be recommitted to the committee on Local Affairs. Under Rule 42, the report was considered forthwith; and it was accepted.

Engrossed Bills.

Engrossed bills

Including employees of the Central Massachusetts Regional Planning Commission in the group insurance plan (see Senate, No. 2131, amended) (which originated in the Senate);

Designating the Old Suffolk County Courthouse as the John Adams Courthouse (see House bill printed in House, No. 4984); and

Providing for local government workforce reduction through an early retirement incentive program for certain employees (see House, No. 5007, amended);

(Which severally originated in the House);

In respect to each of which the Senate had concurred in adoption of the emergency preamble, were passed to be enacted; and they were signed by the Speaker and sent to the Senate.

The engrossed Bill providing for the 2002 special election in the city of Woburn (see Senate, No. 2317, amended) (which originated in the Senate), having been certified by the Clerk to be rightly and truly prepared for final passage, was passed to be enacted; and it was signed by the Speaker and sent to the Senate.

Orders of the Day.

The House Bill making appropriations for the fiscal year 2003 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (House, No. 5100, amended) was considered.

Pending the question on passing the bill, as amended, to be engrossed, Mr. deMacedo of Plymouth asked for a count of the House to ascertain if a quorum was present. The Speaker, having determined that a quorum was not in attendance, then directed the Sergeant-at-Arms to secure the presence of a quorum.

Subsequently a roll call was taken for the purpose of ascertaining the presence of a quorum; and on the roll call 136 members were recorded as being in attendance.

[See Yea and Nay No. 304 in Supplement.]

Therefore a quorum was present.

Mr. Rogers of New Bedford then moved that the bill be amended by adding at the end thereof the following section:

“SECTION 138. Notwithstanding the provisions of any general or special law to the contrary, operation of casinos in the commonwealth is hereby permitted and authorized; provided, however preference for the location on the initial casino permitted to operate shall be in the southeastern section of the commonwealth.

A special new division, ‘Division of Gaming and Legalized Gambling’ is hereby established in the department of the attorney general to be presided over by a special assistant attorney general, to be named by the attorney general with the approval of the governor, to be funded from revenue to be derived from casino gambling licenses that will be issued by the said attorney general with approval of the governor.

In establishing the said new division, the committees on ways and means shall consult with the Atlantic City authorities in order to replicate the mechanism in place in that state that oversees gambling in Atlantic City and shall make recommendations as to the needed laws and regulations in Massachusetts in order to permit casino gambling to be started in this state.

Revenue secured from the operation of casinos in the commonwealth shall be used to support public education with precise allocations to be decided by the house and senate committees on ways and means which shall make recommendations to the house and senate for final approval after the committee on ways and means has made its recommendations.”.

After debate on the question on adoption of the amendment (Mr. Larkin of Pittsfield being in the Chair), Mrs. Atkins of Concord asked for a count of the House to ascertain if a quorum was present. The Chair (Mr. Larkin), having determined that a quorum was not in attendance, then directed the Sergeant-at-Arms to secure the presence of a quorum.

Subsequently a roll call was taken for the purpose of ascertaining the presence of a quorum; and on the roll call 147 members were recorded as being in attendance.

[See Yea and Nay No. 305 in Supplement.]

Therefore a quorum was present.

After further debate on the question on adoption of the amendment, the sense of the House was taken by yeas and nays, at the request of Mr. Rogers of New Bedford; and on the roll call (the Speaker being in the Chair) 13 members voted in the affirmative and 140 in the negative.

[See Yea and Nay No. 306 in Supplement.]

Therefore the amendment was rejected.

At twenty-two minutes before one o’clock P.M. (Thursday, May 9), on motion of Mr. Peterson of Grafton, the House recessed until half past one o’clock; and at twenty-four minutes before two o’clock the House was called to order.

Mr. Peterson of Grafton then asked for a count of the House to ascertain if a quorum was present. The Speaker, having determined that a quorum was not in attendance, then directed the Sergeant-at-Arms to secure the presence of a quorum.

Subsequently a roll call was taken for the purpose of ascertaining the presence of a quorum; and on the roll call 143 members were recorded as being in attendance.

[See Yea and Nay No. 307 in Supplement.]

Therefore a quorum was present.

Mr. Marini of Hanson and other members of the House then moved that the bill be amended by [A] adding at the end thereof a section relative to the licensing of two commercial casinos; the installation of slot machines at race tracks; and the negotiation of a compact between the Commonwealth and Indian gaming enterprises.

Pending the question on adoption of the amendment, Mr. Jones of North Reading and other members of the House moved that it be amended by striking out the text contained therein and inserting in place thereof a new text relative to the installation of slot machines at race tracks with the requirement that the operators of such tracks phase-out dog racing by June 30, 2007.

After debate on the question on adoption of the further amendment offered by Mr. Jones, et als, the sense of the House was taken by yeas and nays, at the request of the same member; and on the roll call (Ms. Lewis of Dedham being in the Chair) 11 members voted in the affirmative and 141 in the negative.

[See Yea and Nay No. 308 in Supplement.]

[Mr. Barrios of Cambridge answered “Present” in response to his name.]

Therefore the further amendment was rejected.

Subsequently a statement of Ms. Jehlen of Somerville was spread upon the records of the House, as follows:

MR. SPEAKER: I would like to call to the attention of the House the fact that, due to a malfunction in the electronic voting machine, on the previous vote I was recorded as having voted in the affirmative. Had the machine been operating properly, I would have been recorded as having voted in the negative.

Mr. Jones of North Reading and other members of the House then moved that the amendment offered by Mr. Marini and other members of the House be amended by striking out the text contained therein and inserting in place thereof a new text relative to the installation of slot machines at race tracks.

After debate on the question on adoption of the further amendment, the sense of the House was taken by yeas and nays, at the request of Mr. Jones; and on the roll call 58 members voted in the affirmative and 94 in the negative.

[See Yea and Nay No. 309 in Supplement.]

[Mr. Barrios of Cambridge answered “Present” in respones to his name.]

Therefore the further amendment was rejected.

Messrs. Rogers of Norwood and Broadhurst of Methuen then moved that the amendment offered by Mr. Marini and other members of the House be amended by striking out all after the word “by” [at “A”] and inserting in place thereof the following: “inserting after item 1599-6901 the following item:

“1599-6902 For a commission to study the fiscal, economic and social implications of the proposed expansion of legalized gaming in the Commonwealth; provided, that it is hereby found and declared that such proposed expansion in various forms and scope warrants particularly careful consideration in order to protect the short and long term interests of all of the citizens of the Commonwealth; provided further, that it is also found and declared that the research conducted relative to the effects of casino gaming and other forms of gaming on the economic, social, cultural and fiscal well-being of host states and localities has yielded conflicting results; provided further, that it is in the interest of the Commonwealth, its political subdivisions and its citizens to investigate this issue thoroughly in order to ensure that any potential expansion of legalized gaming be effectuated through legislation that first and foremost protects the interests of the citizens of the Commonwealth; provided further, that it shall be the mission of the commission established and funded herein to research comprehensively and identify specifically the potential effects, positive and negative, of gaming expansion on the economic, social, cultural and fiscal well-being of the Commonwealth, its localities and citizens; provided further, that the commission’s evaluation shall include, but not be limited to, consideration of the Commonwealth’s potential duties and obligations relative the federal Indian Gaming Regulatory Act of 1988, 25 U.S.C. § 29-2701 - § 29-2721; provided further, that said commission shall consist of 17 voting members: three appointed by the Governor; three appointed by the Speaker of the House of Representatives; one appointed by the minority leader of the House of Representatives; three appointed by the President of the Senate; one appointed by the minority leader of the Senate; three appointed by the Attorney General, one of whom shall represent the Massachusetts District Attorneys Association, one of whom shall represent the Massachusetts Municipal Association, and one of whom shall represent the Associated Industries of Massachusetts; three appointed by the Treasurer and Receiver General, one of whom shall represent the Massachusetts State Lottery; and provided further, that the commission shall submit a report on its findings and recommendations to the clerks of the house and the senate not later than

December 1, 2002 100,000

Massachusetts Tourism

Fund 100.0%’.”.

After debate on the question on adoption of the further amendment, the sense of the House was taken by yeas and nays, at the request of Mr. Broadhurst; and on the roll call 101 members voted in the affirmative and 50 in the negative.

[See Yea and May No. 310 in Supplement.]

Therefore the further amendment offered by Messrs. Rogers of Norwood and Broadhurst of Methuen was adopted, thus precluding a vote on the pending amendment offered by Mr. Marini of Hanson and other members of the House.

The Speaker having returned to the Chair,— Mr. Rogers of Norwood and other members of the House moved that the bill be amended in section 2 by striking out items 0340-0100, 0340-0200, 0340-0300, 0340-0400, 0340-0500, 0340-0600, 0340-0700, 0340-0800, 0340-0900, 0340-1000 and 0340-1100 and inserting in place thereof the following items:

“0340-0100 For the Suffolk district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, the domestic violence unit and the children’s advocacy center; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2003 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2002 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; and provided further, that no assistant district attorney shall be paid an annual salary of less than

$35,000 13,079,260

General Fund 93.00%

Victim and Witness

Assistance Fund 7.00%

0340-0200 For the Middlesex district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2003 summarizing the number and types of criminal cases managed or prosecuted by said office in calendar year 2002 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; and provided further, that no assistant district attorney shall be paid an annual

salary of less than $35,000 10,499,483

General Fund 89.00%

Victim and Witness

Assistance Fund 11.00%

0340-0300 For the Essex district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2003 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2002 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; and provided further, that no assistant district attorney shall be paid an annual salary of less

than $35,000 6,363,177

General Fund 89.00%

Victim and Witness

Assistance Fund 11.00%

0340-0400 For the Worcester district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2003 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2002 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; and provided further, that no assistant district attorney shall be paid an annual salary

of less than $35,000 6,773,463

General Fund 92.00%

Victim and Witness

Assistance Fund 8.00%

0340-0500 For the Hampden district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2003 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2002 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the gases were managed or prosecuted; and provided further, that no assistant district attorney shall be paid an annual

salary of less than $35,000 5,861,138

General Fund 87.00%

Victim and Witness

Assistance Fund 13.00%

0340-0600 For the Hampshire/Franklin district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that said office shall submit a report to the house and senate committees on ways and means not later than February 1, 2003 summarizing the number and types of criminal cases managed or prosecuted by said office in calendar year 2002 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which said cases were managed or prosecuted; provided, that not less than one hundred and twenty thousand dollars shall be expended for the salaries and expenses of a children’s advocacy project, so-called; and provided further, that no assistant district attorney shall be paid an annual salary

of less than $35,000 4,120,908

General Fund 86.00%

Victim and Witness

Assistance Fund 14.00%

0340-0700 For the Norfolk district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that said office shall submit a report to the house and senate committees on ways and means not later than February 1, 2003 summarizing the number and types of criminal cases managed or prosecuted by said office in calendar year 2002 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which said cases were managed or prosecuted; and provided further, that no assistant district attorney shall be paid an annual

salary of less than $35,000 6,833,969

General Fund 89.00%

Victim and Witness

Assistance Fund 11.00%

0340-0800 For the Plymouth district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that no assistant district attorney shall be paid an annual salary of less than $35,000; provided further, that the Plymouth county district attorney’s office shall employ a special assistant district attorney to specialize in the investigation and prosecution of alleged criminal offenses committed by inmates in state correctional facilities, county and state houses of corrections, and jails; provided further, that interagency service agreements shall be established between the Plymouth county district attorney’s office and the office of the district attorneys for Bristol, and the Cape and Islands to equally share the compensation and related expenses of said special assistant; provided further, that said special assistant shall practice only in those jurisdictions participating in said interagency service agreement; and provided further, that no expenditures shall be made, on or after the effective date of this act, which would cause the commonwealth’s obligation for the purpose of this item to exceed the amount

appropriated herein 5,391,403

General Fund 88.00%

Victim and Witness

Assistance Fund 12.00%

0340-0900 For the Bristol district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2003 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2002 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; and provided further, that no assistant district attorney shall be paid an annual salary of less

than $35,000 5,818,947

General Fund 87.00%

Victim and Witness

Assistance Fund 13.00%

0340-1000 For the Cape and Islands district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that not less than twenty thousand dollars shall be expended for the Cape and Islands Child Advocacy Center; and provided further, that no assistant district attorney shall

be paid an annual salary of less than $35,000 2,611,949

General Fund 83.00%

Victim and Witness

Assistance Fund 17.00%

0340-1100 For the Berkshire district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that said office shall submit a report to the house and senate committees on ways and means not later than February 1, 2003 summarizing the number and types of criminal cases managed or prosecuted by said office in calendar year 2002 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which said cases were managed or prosecuted; and provided further, that no assistant district attorney shall be paid an annual

salary of less than $35,000 2,426,106

General Fund 80.00%

Victim and Witness

Assistance Fund 20.00% ”.

After debate on the question on adoption of the amendment offered by Mr. Rogers of Norwood and other members of the House, the sense of the House was taken by yeas and nays, at the request of Mr. Leary of Worcester; and on the roll call 151 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 311 in Supplement.]

Therefore the amendment was adopted.

Mr. Rogers of Norwood and other members of the House moved that the bill be amended in section 2 by striking out items 1107-2501, 4110-1000, 4110-2000, 4110-2001, 4110-3010, 4120-2000, 4120-3000, 4120-4000, 4120-4001, 4120-4010, 4125-0100 and 4125-0101 and inserting in place thereof the following items:

“1107-2501 For the disabled persons protection commission; provided, that the commission shall facilitate compliance by the department of mental health and the department of mental retardation with uniform investigative standards, so-called; provided further, that the commission shall report to the house and senate committees on ways and means not later than the last day of each quarter on the number of claims of abuse by caretakers made by employees or contracted service employees of the departments of mental retardation and mental health and the Massachusetts rehabilitation commission; provided further, that the report shall include: (i) the number of claims found to be substantiated; (ii) the number of claims found to be unsubstantiated; and (iii) the number of claims found to be falsely reported as a result of intentional and malicious action; and provided further, that the commission shall ensure that all calls received by the commission’s 24-hour hotline are recorded, that all persons who call said hotline shall be immediately informed that all calls are recorded, and each such person shall be provided with the opportunity to elect that the call

not be recorded 1,523,795

4110-1000 For the community services program; provided, that $325,000 shall be expended from this item for the deaf-blind community access network; and provided further, that not less than $475,000 shall be expended for the talking

information center 3,768,186

4110-2000 For the turning 22 program of the commission; provided, that nothing stated herein shall give rise to or shall be construed as giving rise to enforceable legal rights in any party or an enforceable entitlement to the services funded herein; provided further, that the commission shall work in conjunction with the department of mental retardation to secure the maximum amount of federal reimbursements available for the care of turning 22 clients; and provided further, that the commission shall work in conjunction with the department of mental retardation to secure

similar rates for contracted residential services 7,744,790

4110-2001 For services to clients of the department who turn 22 years of age during state fiscal year 2003; provided, that the amount appropriated herein shall not annualize to more than $215,000 in fiscal year 2004; provided further, that nothing stated herein shall give rise to or shall be construed as giving rise to enforceable legal rights in any party or an enforceable entitlement to the services funded herein; provided further, that the commission shall work in conjunction with the department of mental retardation to secure the maximum amount of federal reimbursements available for the care of turning 22 clients; and provided further, that the commission shall work in conjunction with the department of mental retardation to secure similar rates for contracted

residential services 165,000

4110-3010 For a program of vocational rehabilitation for the blind in cooperation with the federal government; provided, that no funds from the federal vocational rehabilitation grants or state appropriation shall be deducted for pensions, group health and life insurance, or any other such indirect cost of

federally reimbursed state employees 2,622,740

4120-2000 For vocational rehabilitation services operated in cooperation with the federal government; provided, that no funds from the federal vocational rehabilitation grant or state appropriation shall be deducted for pensions, group health and life insurance and any other such indirect cost of

the federally reimbursed state employees 7,638,311

4120-3000 For employment assistance services; provided, that vocational evaluation and employment services for severely physically disabled adults may,

subject to appropriation, be provided 8,210,954

4120-4000 For independent living assistance services; provided, that no less than $20,000 shall be expended to assist the Living Independently for

Equality, Inc. of Brockton 7,795,212

4120-4001 For the housing registry for the disabled 93,060

4120-4010 For services to clients of the department who turn 22 years of age during the fiscal year 2003; provided, that the amount appropriated herein shall not annualize to more than $893,750 in fiscal year 2004; and provided further, that nothing stated herein shall give rise to or shall be construed as giving rise to enforceable legal rights in any party or an enforceable entitlement to the

services funded herein 525,000

4125-0100 For the operation of and services provided by the Massachusetts commission for the deaf and

hard of hearing 5,251,038

4125-0101 Notwithstanding any general or special law to the contrary, the Massachusetts commission for the deaf and hard of hearing may expend revenues in an amount not to exceed $175,000 from charges received on behalf of interpreter services and monies received from private grants, bequests, gifts or contributions; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the commission may incur expenses and the comptroller may certify for payments amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting

system 175,000”.

After debate on the question on adoption of the amendment offered by Mr. Rogers of Norwood and other members of the House, the sense of the House was taken by yeas and nays, at the request of Mr. O’Brien of Kingston; and on the roll call 151 members voted in the affirmative and 0 in the negative.

[See Yea and May No. 312 in Supplement.]

Therefore the amendment was adopted.

Recesses.

At twelve minutes before six o’clock P.M. (Thursday, May 9), the Speaker declared a recess until seven o’clock; and at that time the House was called to order.

The Speaker thereupon declared a further recess until twenty-five minutes after seven o’clock; and at that time the House was called to order.

Mr. Rogers of Norwood and other members of the House moved that the bill be amended in section 2, in item 9110-1500, by striking out the figures “19,095,337” and inserting in place thereof the figures “21,095,337”; in item 9110-1630 by striking out the figures “90,551,417” and inserting in place thereof the figures “94,716,884”; in item 9110-1633 by striking out the figures “34,264,044” and inserting in place thereof the figures “36,044,804”; by striking out item 9110-1636 and inserting in place thereof the following item:

“9110-1636 For the elder protective services program, including protective services, money management services, case management, the statewide elder abuse hotline, guardianship services and the elder-at-risk program; provided, that not less than five per cent of the amount appropriated herein shall be expended on guardianship services; and provided further, that notwithstanding any general or special law to the contrary, the secretary shall ensure that any elderly person who is abused by an act or omission that results in serious physical or emotional injury or financial exploitation shall receive all the safeguards and protections on behalf of any such person pursuant to the provisions of section 14 of

chapter 19A of the general laws 9,812,258”;

In item 9110-1900, in line 8, by striking out the figures “3,852,341” and inserting in place thereof the figures “4,075,387”; and in said item by striking out the figures “4,177,051” and inserting in place thereof the figures “4,701,222”; and in item 9110-9002 by striking out the figures “5,640,000” and inserting in place thereof the figures “6,230,000”.

After debate on the question on adoption of the amendments, the sense of the House was taken by yeas and nays, at the request of Mr. Straus of Mattapoisett; and on the roll call 150 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 313 in Supplement.]

Therefore the amendments were adopted.

Mr. Rogers of Norwood and other members of the House moved that the bill be amended in section 2 by striking out item 9110-1455 and inserting in place thereof the following item:

“9110-1455 For the costs of the drug insurance program authorized by section 39 of chapter 19A of the General Laws as amended by section 11 of Chapter 177 of the Acts of 2001; provided, that amounts received by the executive office of elder affairs’ vendor as premium revenue for this program may be retained and expended by said vendor for the purposes of said program; provided further, that notwithstanding the provisions of any general or special law to the contrary, unless otherwise prohibited by state or federal law, prescription drug coverage or benefits payable by the executive office of elder affairs, and the entities with which it has contracted for administration of the subsidized catastrophic drug insurance program pursuant to said section 39 of said chapter 19A shall be the payor of last resort for such program for eligible persons with regard to any other third party prescription coverage or benefits available to such eligible persons; provided further, that said executive office shall notify the house and senate committees on ways and means within seven days of approval a federal waiver regarding the availability of federal financial participation for benefits paid for specific populations out of said program; provided further, that said executive office shall include with said notification an estimate of revenue resulting from said approval to be credited in fiscal year 2003; and provided further, that said executive office shall notify the house and senate committees on ways and means not less than 90 days in advance of any action to limit or cap on the

number of enrollees in said program 94,895,089

Tobacco Settlement

Fund 100.00%”.

On the question on adoption of the amendment, the sense of the House was taken by yeas and nays, at the request of Mr. Rogers of Norwood; and on the roll call 150 members voted in the affirmative and 0 in the negative.

[See Yea and Nay No. 314 in Supplement.]

Therefore the amendment was adopted.

Recess.

At two minutes before eight o’clock P.M. (Thursday, May 9), on motion of Mrs. Poirier of North Attleborough) (the Speaker being in the Chair), the House recessed until the hour of ten o’clock A.M. on Friday, May 10.

Friday, May 10, 2002 (at 10:00 o’clock A.M.).

Prayer was offered by the Reverend Robert F. Quinn, C.S.P., Chaplain of the House, as follows:

Gracious God, we believe in You and recognize You, as our Creator, the Ultimate Source of All Goodness, Compassion and Truth. In the midst of the busyness and hubbub of our daily schedules, inspire us to take a few seconds, at least occasionally, to call upon You for assistance and direction in addressing legislative, personal and family matters. With Your help, we can continue to build confidence and trust in the minds of the electorate by our reasoned judgments in evaluating and proposing legislation and programs. Teach us to be patient listeners with an openness to the legislative insi