| NOTICE: - While reasonable efforts have been made to assure the accuracy of the data herein, this is NOT the official version of Senate Journal. It is published to provide information in a timely manner, but has not been proofread against the events of the session for this day. All information obtained from this source should be checked against a proofed copy of the Senate Journal. |
UNCORRECTED PROOF
OF THE
JOURNAL OF THE SENATE.
Thursday, February 13, 2003.
Met according to adjournment
at one o’clock P.M. (Mr. Berry in the Chair).
Committee
Ratifications and Changes.
The
following communication was received from the President of the Senate:
OFFICE
OF THE PRESIDENT
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1007
February
13, 2003.
Mr. Patrick F. Scanlan
Clerk of the Senate
State House
Boston, Massachusetts 02133
Dear
Mr. Clerk:
I am writing to
inform you that at the Democratic caucus held today, the Democratic Senators ratified
the committee assignments that I have previously announced, with the following
changes:
1)
Senator Morrissey to replace Senator Wilkerson at Commerce and Labor.
2) Senator
Creem to replace Senator Wilkerson as Vice-Chair of Human Services.
3) Senator
Shannon to replace Senator Wilkerson as Vice-Chair of Local Affairs.
4) Senator
Wilkerson added to Transportation Committee.
5) Senator McGee to Chair Children’s
Caucus (replacing the Senate President).
For
your convenience, attached is a complete list of the final, ratified committee
assignments.
Very
truly yours,
ROBERT E. TRAVAGLINI,
Senate President.
Distinguished
Guests.
There
being no objection, the President introduced, seated in the rear of the Chamber,
Julia Concannon, Erin Morrissey and Emily Sheehan, students from Rockland High
School. The students are participating in the Job Shadow program and are the guests
of Senator Morrissey.
Petitions.
Petitions
(having been deposited in the Office of the Clerk of the Senate prior to five
o’clock in the afternoon on Wednesday, December 4, 2002) were transmitted to the
Secretary of State as follows:
(under
Section 5 of Chapter 3 of the General Laws):—
By
Mr. Knapik, a petition (accompanied by bill, Senate, No. 1942) (subject to Joint
Rule 9) of Michael R. Knapik and Michael F. Kane for legislation to restrict the
authority of the Holyoke Power and Electric Company and the Holyoke Water Power
Company; and
(under Section
7 of Chapter 3 of the General Laws):—
By
Mr. Antonioni, a petition (accompanied by bill, Senate, No. 1941) (subject to
Joint Rule 9) of Robert A. Antonioni and Harold P. Naughton, Jr. for legislation
to amend the charter of the Sterling Camp Meeting Association.
The
following petitions (having been filed prior to five o’clock P.M. on Wednesday,
December 4, 2002) were referred as follows:
By
Mr. Knapik, a petition (accompanied by bill, Senate, No. 1940) of Michael R. Knapik
and Daniel F. Keenan (by vote of the town) for legislation to authorize the town
of Southwick to grant an easement to Carol K. Collins [Local approval received];
and
By Ms. Tucker, a petition
(accompanied by bill, Senate, No. 1938) of Susan C. Tucker, James R. Miceli and
Barry R. Finegold (by vote of the town) for legislation to authorize the town
of Tewksbury and the Tewksbury Conservation Commission to convey certain easements
to Tennessee Gas Pipeline Company in the town of Tewksbury [Local approval received];
Severally, under Senate Rule 20, to the committee on Local Affairs.
Severally sent to the House for concurrence.
Petitions
were presented and referred, as follows:
By
Mr. Brewer, a petition (subject to Joint Rule 12) of Stephen M. Brewer, Michael
J. Rodrigues and Pamela P. Resor for legislation relative to the requirement of
rain sensor devices for landscape sprinkler systems;
By
Mr. Creedon, a petition (subject to Joint Rule 12) of William F. Galvin, Robert
S. Creedon, Michael W. Morrissey and other members of the General Court for legislation
relative to the extension of statute of limitations for certain public construction
projects;
By Mr. Glodis, a petition
(subject to Joint Rule 12) of Guy W. Glodis for legislation to repeal the pharmacy
assessment user fee and to require a study concerning the need for a pharmacy
user fee program; and
By Mr.
Tarr, a petition (subject to Joint Rule 12) of Bruce E. Tarr, Steven A. Baddour,
Joseph F. Wagner, Mark C. Montigny and other members of the General Court for
legislation to extend the statute of limitations on actionable events arising
from certain transportation projects in the Commonwealth;
Severally, under
Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.
Recess.
There being
no objection, at one minute past one o’clock P.M. the Chair (Mr. Berry) declared
a recess subject to the call of the Chair; and at a quarter past one o’clock P.M.,
the Senate reassembled, the President in the Chair.
The
President, members, guests and employees then recited the pledge of allegiance
to the flag.
Resolutions.
The following
resolutions (having been filed with the Clerk) were severally considered forthwith
and adopted, as follows:—
Resolutions
(filed by Mr. Joyce) “honoring Thomas H. McDonnell for his exceptional service
to the town of Canton”;
Resolutions
(filed by Mr. Joyce) “congratulating acting Stoughton Fire Chief Paul Roach, Jr.
on the occasion of his retirement”; and
Resolutions
(filed by Mr. Montigny) “commending Henry A. Turgeon, Jr.”
Orders
of the Day.
The
Orders of the Day were considered, as follows:
Pursuant
to an order previously adopted, the Senate Bill making appropriations for fiscal
year 2003 to provide for supplementing certain existing appropriations and for
certain other activities and projects (Senate, No. 1939),— was read a second time,
ordered to a third reading and read a third time.
Pending
the main question on passing the bill to be engrossed, Mr. O’Leary moved to amend
the bill by inserting after section 54 the following section:—
“SECTION
54A. Notwithstanding any general or special law, rule or regulation to the contrary,
the division of medical assistance may, on a demonstration basis in the area defined
and limited under the federally funded DOHHS HRSA CAP Grant 1-G92-OA 00005-02,
provide benefits described in section 9C of chapter 118E of the General Laws to
employees and employers who are described and limited under the terms of the program
set forth in the demonstration, and may expend monies from any appropriation for
benefits provided under said section 9C to also provide benefits specified in
the demonstration without regard to the income limits set forth in said section
9C, provided that the Division shall seek to obtain a modification of its demonstration,
as defined in subsection (1) of section 9A of chapter 118E of the General Laws,
that would allow for federal reimbursement for some or all of the expenditures
for providing the benefits specified in the demonstration. Sections 3-8, inclusive,
of chapter 176J of the General Laws, and 211 CMR 66.00 shall not apply to health
coverage provided by carriers pursuant to this section.”
“SECTION
48. Notwithstanding any general or special law to the contrary, the state treasurer
shall transfer $35,000,000 from the Commonwealth Stabilization Fund to the general
fund.”
Mr. Nuciforo
moved to amend the bill by inserting after section 43 the following section:—
“SECTION
43A. Section 1 of chapter 55 of the acts of 1999 is hereby amended by inserting
after the words 'June 30, 2003', the following words:— , except that appropriations
made in section 2A, in item 0526-0111 for the Colonial Theatre in the city of
Pittsfield shall not expire until June 30, 2005.”
Messrs.
Tarr, Baddour, Montigny, Lees, Barrios, McGee, Joyce, Nuciforo, Magnani and Brewer,
Ms. Chandler, Mrs. Sprague, Messrs. Hart, Tisei, Hedlund, Tolman and Moore, Ms.
Jacques and Mr. Pacheco moved to amend the bill by inserting after section 41
the following section:—
“SECTION
41A. Chapter 260 of the General Laws is hereby amended by inserting after section
2E the following section:—
Section
2F. Notwithstanding any general or special law to the contrary, every action arising
out of contracts for or for the planning, design or construction of the Central
Artery/Third Harbor Tunnel Project, if the action is brought by the commonwealth
or the United States, or by any of their agencies or authorities, or by any contractor
or subcontractor of any of them, shall be brought not later than 10 years from
the date that the cause of action arises or from the effective date of this section,
whichever is later. This section shall apply regardless of when the action or
claim accrued or was filed, and regardless of whether it may have lapsed or otherwise
be barred by time under the law of the commonwealth.”
| YEAS. | |||
| Antonioni, Robert A. | Knapik, Michael R. | ||
| Baddour, Steven A. | Lees, Brian P. | ||
| Barrios, Jarrett T. | Magnani, David P. | ||
| Berry, Frederick E. | McGee, Thomas M. | ||
| Brewer, Stephen M. | Melconian, Linda J. | ||
| Chandler, Harriette L. | Menard, Joan M. | ||
| Creedon, Robert S., Jr. | Montigny, Mark C. | ||
| Creem, Cynthia Stone | Moore, Richard T. | ||
| Fargo, Susan C. | Morrissey, Michael W. | ||
| Glodis, Guy W. | Murray, Therese | ||
| Hart, John A., Jr. | Nuciforo, Andrea F., Jr. | ||
| Havern, Robert A. | O’Leary, Robert A. | ||
| Hedlund, Robert L. | Pacheco, Marc R. | ||
| Jacques, Cheryl A. | Panagiotakos, Steven C. | ||
| Joyce, Brian A. | Resor, Pamela | ||
| Shannon, Charles E. | Tolman, Steven A. | ||
| Sprague, Jo Ann | Tucker, Susan C. | ||
| Tarr, Bruce E. | Walsh, Marian | ||
| Tisei, Richard R. | Wilkerson, Dianne — 38. | ||
|
NAYS — 0. | |||
|
ABSENT OR NOT
VOTING. | |||
| Rosenberg, Stanley C. — 1. | |||
Mr.
Antonioni moved to amend the bill in section 59 by striking out the figure “1999”
and inserting in place thereof the following figure:— 2003.
Mr.
Moore moved to amend the bill by adding after section 54 the following section:—
“SECTION
54A. (a) There shall be a special commission to investigate and study methods
of improving the accountability, economy and efficiency of the government of the
commonwealth and the operation of its agencies, departments and instrumentalities
to promote economy, efficiency, and improved service in the transaction of the
public business in the various departments, agencies and instrumentalities in
the executive, legislative and judicial branches of state government, and to make
the operation of all state departments, agencies, and instrumentalities, and all
expenditures of public funds, more directly responsive to the needs of the commonwealth,
by any or all of the following means:
(1)
By adopting methods and procedures for reducing expenditures to the lowest amount
consistent with the efficient performance of essential services, activities and
functions.
(2) By eliminating
duplication and overlapping services, activities, and functions, and time-consuming
or wasteful practices.
(3) By
consolidating services, activities, and functions of a similar nature.
(4)
By abolishing services, activities, and functions not necessary to the efficient
conduct of state government.
(5)
By the elimination of unnecessary state departments and agencies, the creation
of necessary new state departments and agencies, the reorganization of existing
state departments and agencies, and the transfer of functions and responsibilities
among state departments and agencies.
(6)
By defining or redefining duties and responsibilities of state officers.
(7)
By revising present provisions for continuing or permanent appropriations of state
funds or bond authorizations, for whatever purpose, by eliminating any such existing
provisions and by adopting new provisions.
(8)
By establishing means for performance measurement and methods of reporting such
measurement.
(9) Reorganizing
all aspects of state career public service including, but not limited to, methods
of recruitment and retention of state employees; training and re-training of state
employees; job classification, salaries and benefits of state employees; discipline
and termination of state employees, clarifying the state responsibilities and
functions that are best served by regular state employees and those best served
by contract employees; and encouraging and facilitating opportunities for private
sector and non-profit sector employees to work in state government for limited
periods of time.
(10) By analyzing
and evaluating all state contracts with private vendors for the purpose of confirming
that all contracted approaches to the delivery of goods and services are accountable,
economical, and efficient.
(11)
To review state requirements for contracting for goods and services and for the
retention of professional services to determine the most effective means of determining
the most qualified vendor, including but not limited to, a review of the method
by which state agencies, authorities, boards and commissions retain legal counsel,
accounting, architectural and engineering services.
(b)
The commission shall consist of the following members, each of whom shall serve
at the pleasure of the appointing authority:
(1)
Thirteen members, of whom 7 shall be appointed by the Governor, 3 by the president
of the senate, and 3 by the speaker of the house. Not more than 7 of the members
shall be registered voters in the same political party, and none shall hold public
office in the executive or legislative branches of the state government. Leading
Massachusetts residents in the fields of business and government management, accounting,
labor relations, finance, and human relations including, but not limited to deans
of schools of business, public administration or other scholars would be ideal
candidates for these appointments.
(2)
Five members of the senate one of whom shall be the chair of the senate committee
on ways and means, one of whom shall be the senate chair of the committee on taxation,
one of whom shall be the chair of the senate committee on post audit and legislative
oversight, and 2 of whom shall be designated by the senate minority leader.
(3)
Five members of the house of representatives one of whom shall be the chair of
the house committee on ways and means, one of whom shall be the house chair of
the committee on taxation, one of whom shall be the chair of the house committee
on post audit and legislative oversight, and 2 of whom shall be designated by
the house minority leader.
(4)
The governor, the president of the senate, and the speaker of the house, who shall
jointly designate the chair or co-chairs of the commission, shall each serve on
the commission, ex-officio.
(5)
The auditor of the commonwealth and the inspector general of the commonwealth,
ex-officio.
(c) The commission
shall meet monthly and shall have the authority, subject to the approval of the
secretary of administration and finance, to request staff support and research
from state agencies to carry out its responsibilities. The commission may seek
assistance from other organizations or individuals on a pro bono basis. The commission
shall file annual reports with the clerk of the senate and the clerk of the house
of representatives and shall make a final report not later than June 30, 2006.
The commission may make interim reports as appropriate in order to address the
serious fiscal problems facing the commonwealth in the years ahead.”
Mr.
Moore and Ms. Chandler moved to amend the bill by inserting after section 23 the
following section:—
“SECTION
23A. The General Laws are hereby amended by inserting after chapter 64K the following
chapter:—
CHAPTER
64L.
Section
1. This chapter shall be known and may be cited as the ‘Simplified Sales and Use
Tax Administration Act’.
Section
2. As used in this chapter the following words shall have the following meanings:
‘Agreement’,
the Streamlined Sales and Use Tax Agreement.
‘Certified
automated system’, software certified jointly by the states that are signatories
to the Agreement to calculate the tax imposed by each jurisdiction on a transaction,
determine the amount of tax to remit to the appropriate state, and maintain a
record of the transaction.
‘Certified
service provider’, an agent certified jointly by the states that are signatories
to the Agreement to perform all of the seller’s sales tax functions.
‘Person’,
an individual, trust, estate, fiduciary, partnership, limited liability company,
limited liability partnership, corporation, or any other legal entity.
‘Sales
tax’, the tax levied under chapter 64H.
‘Seller’,
any person making sales, leases, or rentals of personal property or services.
‘State’, any state of the United
States and the District of Columbia.
‘Use
tax’, the tax levied under chapter 64I.
‘Vendor’,
shall have the same meaning as in section one of chapter 64H.
Section
3. The commonwealth finds that a simplified sales and use tax system will reduce
and over time eliminate the burden and cost for vendors to collect this state’s
sales and use tax. The commonwealth further finds that this state should participate
in multi-state discussions to review or amend the terms of the agreement to simplify
and modernize sales and use tax administration in order to substantially reduce
the burden of tax compliance for all sellers and all types of commerce.
Section
4. For the purpose of reviewing or amending the agreement embodying the simplification
requirements as contained in section 7, the commonwealth shall enter into multi-state
discussions. For purposes of the discussions, the commonwealth shall be represented
by no more than 4 delegates, 2 of which shall be appointed by the governor, 1
of whom shall represent the department of revenue and 1 of whom shall represent
the Retailers Association of Massachusetts, and 1 of whom shall be appointed by
the president of the senate, and 1 of whom shall be appointed by the speaker of
the house of representatives.
Section
5. The department of revenue shall enter into the Streamlined Sales and Use Tax
Agreement with 1 or more states to simplify and modernize the administration of
the sales and use tax in order to substantially reduce the burden of tax compliance
for all sellers and for all types of commerce. In furtherance of the agreement,
the department of revenue may act jointly with other states that are members of
the agreement to establish standards for certification of a certified service
provider and certified automated system and establish performance standards for
multi-state sellers. The department of revenue may take other actions reasonably
required to implement this chapter or to otherwise substantially reduce the administrative
burdens associated with sales and use tax compliance. Other actions authorized
by this section shall include, but shall not be limited to, the adoption of rules
and regulations and the joint procurement, with other member states of goods and
services in furtherance of the cooperative agreement. The department of revenue
or the department’s designee may represent the commonwealth before the other states
that are signatories to the agreement.
Section
6. The Agreement shall not, in whole or in part, invalidate or amend any laws
of the commonwealth. Adoption of the Agreement by the commonwealth shall not amend
or modify any other law. Implementation of any condition of the Agreement in the
commonwealth, whether adopted before, at, or after membership of this state in
the agreement, shall be by the action of the commonwealth.
Section
7. The department of revenue shall not enter into the Agreement unless the Agreement
requires each state to abide by the following requirements:
(1)
The Agreement shall set restrictions to limit over time the number of state rates.
(2)
The Agreement shall establish uniform standards for the following:
(i)
the sourcing of transactions to taxing jurisdictions;
(ii)
the administration of exempt sales; and
(iii)
sales and use tax returns and remittances.
(3)
The Agreement shall provide a central electronic registration system that allows
a seller to register to collect and remit sales and use taxes for all signatory
states.
(4) The Agreement shall
provide that registration with the central registration system and the collection
of sales and use taxes in the signatory states will not be used as a factor determining
whether the seller has nexus with a state for any tax.
(5)
The Agreement must provide for reduction of the burdens of complying with local
sales and use taxes through the following:
(i)
restricting variances between the state and local tax bases;
(ii)
requiring states to administer any sales and use taxes levied by local jurisdictions
within the state so that sellers collecting and remitting these taxes will not
have to register or file returns with, remit funds to, or be subject to independent
audits from local taxing jurisdictions.
(iii)
restricting the frequency of changes in the local sales and use tax rates and
setting effective dates for the application of local jurisdictional boundary changes
to local sales and use taxes.
(iv)
providing notice of changes in local sales and use tax rates and of changes in
the boundaries of local taxing jurisdictions.
(6)
The Agreement shall outline any monetary allowances that are to be provided by
the states to sellers or certified service providers. The Agreement shall allow
for a joint public and private sector study of the compliance cost on sellers
and certified service providers to collect sales and use taxes for state and local
governments under various levels of complexity to be completed July 1, 2003.
(7)
The Agreement shall require each state to certify compliance with the terms of
the agreement prior to joining and to maintain compliance, under the laws of the
member state, with all provisions of the agreement while a member.
(8)
The Agreement shall require each state to adopt a uniform policy for certified
service providers that protects the privacy of consumers and maintains the confidentiality
of tax information.
(9) The
Agreement shall provide for the appointment of an advisory council of private
sector representatives and an advisory council of non-member state representatives
to consult with in the administration of the agreement.
Section
8. The agreement is an accord among individual cooperating sovereigns in furtherance
of their governmental functions. The agreement provides a mechanism among the
member states to establish and maintain a cooperative, simplified system for the
application and administration of sales and use taxes under the duly adopted law
of each member state.
Section
9. The Agreement binds and inures only to the benefit of the commonwealth and
the other member states. No person is an intended beneficiary of the Agreement.
Section
10. Any benefit to a person is established by the law of the commonwealth and
the other member states and not by the terms of the Agreement. No law of the commonwealth,
or the application thereof, may be declared invalid as to any person or circumstance
on the ground that the provision or application is inconsistent with the Agreement.
No person shall have any cause of action or defense under the Agreement or by
virtue of the commonwealth’s approval of the Agreement. No person may challenge,
in any action brought under any provision of law, any action or inaction by any
department, agency, or other instrumentality of this state, or any political subdivision
of this state on the ground that the action or inaction is inconsistent with the
Agreement.”
Mr. Moore,
Ms. Fargo, Mr. McGee, Ms. Chandler, Mr. O’Leary and Ms. Tucker moved to amend
the bill by inserting after section 24 the following three sections:—
“SECTION
24A. Section 26 of chapter 118G of chapter 184 of the acts of 2002, is hereby
repealed.
SECTION 24B. Chapter
184 of the acts of 2002, is hereby amended by striking out section 98 and inserting
in place thereof the following section:—
Section
98. Section 25 of said chapter 118E, as so appearing, is hereby amended by striking
out the last paragraph and inserting in place thereof the following paragraph:—
Notwithstanding
the first paragraph of this section, the division may require medicaid recipients
to pay enrollment fees, premiums, deductibles, coinsurance, copayments or similar
cost-sharing charges as participants in managed care plans implemented by the
division, so long as any waivers of Title XIX provisions regarding recipient cost-sharing
are obtained from the secretary in conjunction with any other federal approvals
and waivers necessary to implement these managed care plans. In the absence of
managed care plans, the division shall require, to the extent permitted by federal
law, that recipients, if eligible for such benefits, be liable for a copayment
of $2 for a [name brand] pharmaceutical product, and a copayment of 50 cents for
a generic pharmaceutical product, including over-the-counter drugs, and to require
the copayment of $3 for the use of emergency room services in acute care hospitals
for the treatment of nonemergency conditions. The division may also require, to
the extent permitted by federal law, that recipients be liable for a copayment
of $1 for all other covered services.
SECTION
24C. There shall be a study of, but not limited to, the effectiveness and finances
of the pharmacy user fee program; the long term need for the fee; effect of the
user fee of non-medicaid consumers; use of the funds; the additional costs, if
any, incurred by pharmacies in collecting the fee, and the feasibility of returning
funds already collected. The division of health care finance and policy shall
conduct the study, in conjunction with the division of medical assistance. The
division of health care finance and policy shall consult with the pharmacy industry,
and others, on the impact, and collection, of the pharmacy fee. The findings of
said study shall be filed with the house and senate ways and means committees
and the chairs of the joint committee on health care on or before May 15, 2003.”
Mr.
Moore and Ms. Chandler moved to amend the bill by inserting after section 2 the
following section:—
“SECTION
2A. Section 18 of Chapter 59 of the General Laws, as appearing in the 2002 Official
Edition, is hereby amended by adding the following clauses:—
Eighth.
Motor vehicles or trailers, used in the conduct of a business and owned by a business
entity, shall be assessed in the city or town in which the principal place of
business in the commonwealth of the business entity is located unless: (i) the
registrar has provided the assessor pursuant to chapter 60A with calendar year
information about the motor vehicles or trailers, including the make, model, year,
vehicle identification number, weight, valuation, and the name and address of
the person or business entity that owns or leases the motor vehicles or trailers
and the owner has shown proof of payment of the automobile excise tax or (ii)
said motor vehicles or trailers are exempt from the excise imposed by chapter
60A.
Eighth A. For purposes
of this clause the following words shall have the following meanings:—
‘Business
entity’, as used in this clause shall include a business corporation as defined
in chapter 156, a professional corporation organized under chapter 156A, a subchapter
S corporation as defined in section 1361 of the Internal Revenue Code, a limited
liability corporation, a limited liability partnership, a partnership, voluntary
association or sole proprietorship conducting business in the commonwealth.
‘Motor
vehicles or trailers’, as used in the clause shall be applicable to motor vehicles
or trailers which have not been assessed and taxed subject to chapters 60A and
63.
‘Fair cash value’, the motor
vehicle or trailer’s list price for motor vehicles or trailers of the same make,
type, model, and year of manufacture, or in the case of motor vehicles or trailers
which are part of a larger fleet of substantially similar motor vehicles or trailers,
the average fair cash value of the motor vehicles or trailers in the fleet.
‘Fairly
apportioned’, allocated so as to reflect only the amount of time during which
the motor vehicle or trailer was physically located in a city or town, according
to records kept by the business entity in the regular course of its business.
The
assessed value of such motor vehicles and trailers shall be their fair cash value
fairly apportioned."; by inserting after section 3 the following two sections:—
"SECTION
3A. Section 2A of chapter 60A of the General Laws, as appearing in the 2002 Official
Edition, is hereby amended by striking out, in lines 27 and 28, the words ‘as
the case may be.’ and inserting in place thereof the following words:— as the
case may be; provided further, that such notice of nonpayment may be transmitted
to the registrar whether or not the commissioner or local tax collector has issued
any warrant to another officer to collect the excise.
Said
chapter 60A is hereby amended by inserting after section 6, as so appearing, the
following section:—
Section
6½. In any instance where a motor vehicle or trailer is the subject of a lease
agreement for a period of 30 days or more, the excise locally assessable under
this chapter, shall be laid and collected at the address of the lessee of the
motor vehicle or trailer. If the lessee is an individual, the address will be
the domicile of the individual. If the lessee is a business entity, as defined
in clause eighth A of section 18 of chapter 59, the address will be its principal
place of business in the commonwealth."; by inserting after section 23 the
following section:—
"SECTION
23A. Chapter 64H of the General Laws is hereby amended by inserting after section
25B, as appearing in the 2000 Official Edition, the following three sections:—
25C.
The owner of any motor vehicle or trailer that is sold through a private sale
shall notify the registrar of motor vehicles on any form prescribed by the registrar
under this section of the private sale of the motor vehicle or trailer within
3 days of the transfer. The original owner shall provide the name and address
of the buyer, a description of the make, model and vehicle identification number
of the motor vehicle or trailer.
25D.
The owner of any motorboat that is sold through a private sale shall notify the
director of the division of motorboats on any form prescribed by the director
under this section of the private sale of the motorboat within 3 days of the transfer.
The original owner shall provide the name and address of the buyer, a description
of the make, model and any state or federal identification number of the motorboat.
25E.
The owner of any aircraft that is sold through a private sale shall notify the
aeronautics commission on any form prescribed by the commissioner under this section
of the private sale of the aircraft within 3 days of the transfer. The original
owner shall provide the name and address of the buyer, a description of the make,
model and any state or federal identification number or federal certificate of
the aircraft."; by inserting after section 23 the following six sections:—
"SECTION
23A. Section 2 of chapter 90 of the General Laws, as appearing in the 2002 Official
Edition, is hereby amended by inserting after the third sentence the following
sentence:— For any motor vehicle or trailer that is leased for more than 30 days,
the application shall also identify the name and address of the lessee. If the
lessee is an individual, the address shall be the said individual’s principal
residence. If the lessee is a business entity, as defined in clause eighth A of
section 18 of chapter 59, the address shall be the lessee’s principal place of
business in the commonwealth.
SECTION
23B. Section 3 of said chapter 90, as so appearing, is hereby amended by striking
out the words, in lines 11 to 15, inclusive, ‘on more than thirty days in the
aggregate in any one year or, in any case where the owner thereof acquires a regular
place of abode or business or employment within the commonwealth, beyond a period
of thirty days after acquisition thereof,’.
SECTION
23C. The first paragraph of said section 3 of said chapter 90, as so appearing,
is hereby further amended by adding the following sentence:— The owner or operator
of such a motor vehicle or trailer must, while operating such a motor vehicle
or trailer, have on his person in an easily accessible place, proof of a policy
providing such insurance or a certificate of an insurance company stating that
such a policy has been issued and is currently in effect.
SECTION
23D. Said section 3 of said chapter 90, as so appearing, is hereby further amended
by striking out, in line 120, the word ‘three’, and inserting in place thereof
the word:— ‘two’.
SECTION 23E.
Section 34H of said chapter 90 is hereby amended by inserting after the fifth
paragraph the following paragraph:—
The
registrar, upon receipt of evidence in a form satisfactory to the registrar, that
a non-resident has operated a motor vehicle or trailer upon the roads of the commonwealth
without the compulsory motor vehicle liability insurance required by section 3
with respect to such motor vehicle or trailer, shall revoke the non-resident driving
privileges of such person. The uninsured motor vehicle or trailer may be impounded
and stored by a duly authorized police officer, who shall take possession of the
registration plates. The owner or non-resident driver must submit evidence satisfactory
to the registrar that the motor vehicle or trailer is registered and insured pursuant
to section 3 before the registration plates are returned and the motor vehicle
or trailer may be lawfully propelled upon the roads of the commonwealth, and the
non-resident driving privileges reinstated.
SECTION
23F. Section 2 of chapter 90C of the General Laws, as appearing in the 2002 Official
Edition, is hereby amended by inserting after the word ‘ninety.’, in line 22,
the following sentence:— In any case where a question is raised whether the motor
vehicle or trailer is properly insured under section 34 of chapter 90, the time
for the issuance of a citation shall remain open until such time as the validity
of any certificate of insurance is verified."; and by inserting after section
54 the following two sections:—
SECTION
54A. Notwithstanding any general or special law to the contrary, any person, or
business entity as defined in clause eighth A of section 18 of chapter 59, who
willfully makes and subscribes any return, form, statement or other document,
prescribed by the commissioner pursuant to section 105 of chapter 60 of the General
Laws or section 3 of chapter 62C of the General Laws, under the penalties of perjury,
to obtain any benefit, exemption, deduction, entitlement, right, license, or privilege
by claiming principal residence in the commonwealth, and who improperly registers
a motor vehicle or trailer in another state or misrepresents the place of garaging
in another city or town, shall be punished by a fine of not less than $200 nor
more than $1000 for each offense. For purposes of this section, each taxable year
that a motor vehicle or trailer is improperly registered shall be considered a
separate offense, provided, however, that the maximum number of years that are
subject to the penalties under this section shall be no more than 3 taxable years.
The fines imposed pursuant to this section shall be divided as follows: 75 per
cent of the fines shall be paid over to the treasury of the city or town in whose
jurisdiction the motor vehicle is customarily garaged; and 25 per cent of said
fines shall be paid over to the treasurer of the commonwealth to be deposited
in the highway fund to offset costs associated with the implementation of the
provisions of this act; provided further, that the Massachusetts Collectors and
Treasurers Association in conjunction with the treasurer of the commonwealth,
shall report quarterly to the house and senate committees on ways and means the
total amount of fines imposed and collected pursuant to this section. Inconsistency
in a person’s stated residency on any forms, returns, statements or other documents
with stated residency on forms required for the proper registration of a person’s
motor vehicle shall be prima facie evidence of a willful intent to evade compliance
with all applicable motor vehicle registration laws of the commonwealth.
SECTION
54B. In order to encourage the proper registration of motor vehicles and trailers
in the commonwealth and the payment of taxes and fees owed under chapters 60A,
64H, 64I, and chapter 90 of the General Laws to the commonwealth and its municipalities
on a voluntary basis, the registrar of motor vehicles and the commissioner of
revenue shall establish a 3 month period during which all penalties for the non-payment
of the taxes and fees imposed by said chapters 60A, 64H, 64I and 90 shall be waived
if any owner voluntarily registers a motor vehicle or trailer that was unregistered,
uninsured, or improperly registered in another state or another city or town.
The 3 month period shall commence on or before January 1, 2002. The waiver shall
also apply to unpaid taxes, interest or fees that would have been assessed on
a properly registered motor vehicle or trailer. Other terms and conditions may
be determined by the registrar and the commissioner of revenue.”
Mr.
Moore, Ms. Fargo and Mr. McGee moved to amend the bill by inserting after section
2 the following section:—
“SECTION
2A. Section 72 of chapter 44 of the General Laws, as appearing in the 2000 Official
Edition, is hereby amended by adding the following paragraph:—
Notwithstanding
any general or special law to the contrary, all money received in the form of
municipal medicaid reimbursement from the federal government shall be used exclusively
for school nursing and enhanced school health services and school-based health
centers previously funded under the school health, enhanced school health and
school-based health centers programs within the department of public health in
items 4590-0250 and 4590-0300 of section 2 of chapter 184 of the acts of 2002.”
Messrs.
Moore and McGee moved to amend the bill by inserting after section 24 the following
section:—
“SECTION 24A. Chapter
118E of the General Laws, as appearing in the 2000 Official Edition, is hereby
amended by adding the following section:—
Section
53. The Division shall include within its covered services for adults the federally
optional services of dentures, prosthetics, orthotics and eyeglasses, which were
included in its state plan in effect on January 1, 2002.”
Mr.
Shannon moved to amend the bill by inserting after section 54 the following section:—
“SECTION
54A. There shall be an advisory group to make recommendations to register of deeds
about County Registry Technological Funds. The group shall be chaired by the state
secretary or his designee, and shall include the registers of each county or their
designees and 1 representative appointed by each of the Massachusetts Conveyancers
Association, Massachusetts Association of Realtors, and the Greater Boston Real
Estate Board, and in addition 1 representative from the title insurance industry
and 1 representative from the title examiners industry, both of whom shall be
appointed by the state secretary. The advisory group shall create a plan within
90 days of the effective date of this act with specific recommendations for the
use of funds in the County Registry Technological Funds established by section
42 of chapter 36 of the General Laws. This plan shall be distributed to all registers
upon its completion. This plan shall be used to inform the decisions of each register
with respect to expenditure of funds under said section 42.”
Mr.
Baddour moved to amend the bill by inserting after section 43 the following section:—
“SECTION
43A. Section 2 of chapter 313 of the acts of 1998 is hereby amended by inserting
after the words ‘Terminal A,’ in the first sentence, the following words:— and
renovations of the central parking garage”.
Mr.
Moore, Ms. Fargo, Mr. McGee and Ms. Chandler moved to amend the bill by inserting
after section 54 the following section:—
“SECTION
54A. There shall be a study of the effectiveness, fairness and economic impact
of the pharmacy user fee program; the long term need for the fee; the effect of
the user fee on non-Medicaid consumers and pharmacies; use of the funds; the additional
costs, if any, incurred by pharmacies in collecting the fee, and the feasibility
of returning funds already collected. The study shall focus on the impact of the
fee on independent pharmacies and the short and long term economic consequences
the fee may have on independent pharmacies operating in the commonwealth and the
impact of the fee on infusion pharmacies and long-term care pharmacies and the
overall impact on all types of pharmacies. The department of revenue shall conduct
the study, in conjunction with the board of registration of pharmacy and the division
of health care finance and policy. The department of revenue shall consult with
the chain pharmacies, the independent pharmacies, health care consumers and others
as needed, on the impact, and collection, of the pharmacy fee. The findings of
this study shall be filed with the house and senate ways and means committees
and the chairs of the joint committee on health care on or before June 1, 2003.”
Ms.
Fargo moved to amend the amendment (Moore) by striking out the wording and inserting
in place thereof the following wording:— amend the bill by inserting after section
54 the following section:—
"SECTION
54A. The department of revenue, in conjunction with the board of registration
in pharmacy, the department of public health, the division of medical assistance
and the division of health care finance and policy shall conduct a study of the
effectiveness, fairness and economic impact of the pharmacy and nursing home user
fee programs; the long term need for the fees; the effect of the user fee on nonmedicaid
consumers, nursing homes and pharmacies; the use of the funds; the additional
costs, if any, incurred by pharmacies and nursing homes in collecting the fee,
and the feasibility of returning funds already collected. The study shall focus
on the impact of the pharmacy fee on independent pharmacies, the short and long-term
economic consequences the fee may have on independent pharmacies operating in
the Commonwealth and the impact of the fee on infusion pharmacies and long-term
care pharmacies and the overall impact on all types of pharmacies. The study shall
focus on the long and short-term economic consequences on nursing homes with different
payer mixes, the effect on the number of recipients of medicaid-funded long-term
care, the long term need for the fee, the effect of the fee on the nonmedicaid
facilities and the additional costs incurred by residents of nursing homes as
a result of the fee assessed on nursing homes. The department of revenue shall
consult with the chain pharmacies, the independent pharmacies, the Massachusetts
Extended Care Federation, a continuing care retirement community, a residential
care facility, a member of the Massachusetts Life Care residents Association,
health care consumers and others, as needed, on the impact and collection of the
pharmacy and nursing home fees. The findings of this study shall be filed with
the house and senate ways and means committees and the chairs of the joint committee
on health care on or before June 1, 2003.”
Mr.
Barrios moved to amend the bill by inserting after section 38 the following section:—
“SECTION
38A. Chapter 164 of the General Laws is hereby amended by inserting after section
69Q the following section:—
Section
69Q½. Notwithstanding any general or special law to the contrary, any private
entity determined by the secretary of public safety to be engaged in the transport
or storage of liquefied natural gas within the boundaries and waterways of the
commonwealth shall be responsible for not less than 75 per cent of the costs associated
with safeguarding public safety in the surrounding communities. Not more than
25 percent of these costs shall be borne by the community or government entity
responsible for public safety details. Funds shall be deposited into an expendable
trust and all expenditures from said trust shall not be subject to fringe and
indirect costs. All reimbursement shall be distributed at the discretion of the
secretary of public safety.”; and by adding the following section:—
“SECTION
61. Section 69Q½ of chapter 164 of the General Laws, inserted by section 38A of
this act, shall apply to all costs incurred on or after July 1, 2002.”
Mr.
Morrissey moved to amend the bill in section 57, by striking out, in line 3, the
figure “2002” and inserting in place thereof the following figure:— “2003”; and
by striking out section 59 and inserting in place thereof the following section:—
“SECTION
59. Section 9 and 11 shall be effective for tax years ending on or after December
31, 2003.”
Mr.
Morrissey moved to amend the bill in section 39, by adding the following sentence:—
“Before presuming property abandoned pursuant to this section, the state treasurer
shall determine that the insurance company holding the unclaimed proceeds from
its demutualization or related reorganization has made all reasonable, good faith
efforts to locate, contact and inform the policyholder or other apparent owner
of the existence of that property.”
Messrs.
Magnani, Joyce, Creedon, McGee and Montigny, Ms. Fargo, Messrs. Barrios, Shannon,
Havern, Nuciforo, Brewer, Tisei and Antonioni, Ms. Chandler and Mr. Glodis moved
to amend the bill by inserting after section 54 the following section:—
“SECTION
54A. Notwithstanding any general or special law to the contrary, a school facilities
capital construction or major reconstruction project which has received final
municipal approval by a favorable vote by the legislative body of the municipality,
subject to its charter, on or before February 25, 2003 and which otherwise meets
all department of education criteria shall be placed on the priority waiting list
for reimbursement pursuant to section 10 of chapter 70B of the General Laws at
the rate for which it would have been eligible on January 31, 2003.”
Ms.
Chandler and Messrs. Berry and Glodis moved to amend the bill by inserting after
section 43 the following 2 sections:—
“SECTION
43A. Paragraph (b) of section 8 of chapter 708 of the acts of 1966, as most recently
amended by section 14 of chapter 239 of the acts of 1998, is hereby further amended
by striking out the sixth sentence and inserting in place thereof the following
sentence:— The aggregate principal amount of notes and bonds of the MHFA issued
to make mortgage loans pursuant to section 5 and to make or purchase loans pursuant
to section 5A and outstanding at any one time shall not exceed the sum of $4,900,000,000
of which $150,000,000 shall be used only to make mortgage loans pursuant to said
section 5 in cities and towns which have been found to have a rate of unemployment
at least 6 percent in the issue of ‘Area Trends in Employment and Unemployment’
published by the United States Department of Labor for the October preceding the
making of any such loan.
SECTION
43B. Said paragraph (b) of said section 8 of said chapter 708 is hereby further
amended by striking out the last sentence.”
Mr.
Lees moved to amend the bill by striking out section 47 and inserting in place
thereof the following section:—
“SECTION
47. Notwithstanding any general or special law to the contrary, not later than
10 days after the effective date of this act, the comptroller shall transfer the
balance, as of January 1, 2003, of the account established in clause (b) of section
5C of chapter 29 of the General Laws to the General Fund. Any funds encumbered
or transferred after January 1, 2003 shall not be unencumbered nor shall any transfer
be reversed. Nothing in this section shall affect any underlying capital authorizations
and the ability to subsequently finance these authorizations through bond proceeds.”
Ms.
Murray moved to amend the bill in section 7, by inserting after the word “evidence”,
in lines 7 and 10, the following words:— “as determined by the commissioner”;
by inserting after section 12, the following section:—
“SECTION
12A. Said chapter 63, as so appearing, is hereby further amended by striking out
section 32D and inserting in place thereof the following section:—
Section
32D. (a) Any domestic business corporation or foreign corporation subject to an
excise under sections 32 or 39 which is an S corporation or a qualified subchapter
S subsidiary, as defined under section 1361 of the Code, as amended and in effect
for the taxable year, shall determine the net income measure of the excise as
follows:
(i) The net income
shall be determined by taking into account subchapter S of said Code. Income or
loss shall be determined as if it were realized or incurred directly by an owner
subject to taxation under chapters 62 or 63, as applicable. In the case of an
S corporation, income shall be included in the net income measure under this subsection
to the extent that such income is taxed to said S corporation for federal income
tax purposes. In the case of a qualified subchapter S subsidiary, income shall
be included in the net income measure under this subsection to the extent that
such income would have been taxed to the subchapter S subsidiary for federal income
tax purposes had it been treated as a separate corporation; and
(ii)
Any such domestic business corporation or foreign corporation which is an S corporation
or a qualified subchapter S subsidiary and which has total receipts for the taxable
year of $6,000,000 or more shall also include in the net income measure of the
excise imposed under section 32 or 39 an amount determined by multiplying its
net income determined to be taxable in accordance with this chapter by one of
the following rates, in lieu of the rate provided in said section 32 or 39:
(1)
if total receipts for the taxable year are at least $6,000,000 but less than $9,000,000,
2.63 per cent; and
(2) if total
receipts for the taxable year are $9,000,000 or more, 3.95 per cent.
For
purposes of this subsection, net income determined to be taxable in accordance
with this chapter shall be determined without taking into account subchapter S
of said Code, and shall not include income that is taxed to the S corporation
or qualified subchapter S subsidiary at the entity level under paragraph (i) of
subsection (a). The term 'total receipts' shall mean gross receipts or sales,
less returns and allowances, and shall include dividends, interest, royalties,
capital gain net income, rental income and all other income. The cost of goods
sold or the cost of operations shall not be deductible in determining such total
receipts. The commissioner shall, by regulation, apply such limits on an aggregate
basis to S corporations engaged in a unitary business with majority direct or
indirect ownership by common stockholders. Such aggregating shall also include
any other type of entity, including any qualified subchapter S subsidiary, so
engaged and so owned which the commissioner finds was established for the purpose
of avoiding the foregoing limits.
(b)
For purposes of this subsection, in determining the net income of any qualified
subchapter S subsidiary, its gross income shall be determined by computing its
gross income as defined under the Code as if it had been taxed as a separate corporation
for federal income tax purposes.”; by inserting after section 42 the following
7 sections:—
“Section 42A. Section
39 of chapter 262 of the General Laws, as appearing in the 2000 official edition,
is hereby amended by striking out, in lines 11 and 12, the words ‘twenty dollars’
and inserting in place thereof the following words:— $50 per sheet.
Section
42B. Said section 39 of said chapter 262, as so appearing, is hereby further amended
by striking out, in line 38, the words ‘forty dollars’ and inserting in place
thereof the following figure:— $100.
Section
42C. Said section 39 of said chapter 262, as so appearing, is hereby further amended
by striking out, in line 39, the words ‘forty dollars’ and inserting in place
thereof the following figure:— $50.
Section
42D. Said section 39 of said chapter 262, as so appearing, is hereby further amended
by striking out, in line 40, the words ‘twenty dollars’ and inserting in place
thereof the following figure:— $50.
Section
42E. Said section 39 of said chapter 262, as so appearing, is hereby further amended
by striking out, in line 41, the words ‘three dollars’ and inserting in place
thereof the following figure:— $5.
Section
42F. Said section 39 of said chapter 262, as so appearing, is hereby further amended
by striking out, in line 42, the words ‘thirty dollars’ and inserting in place
thereof the following figure:— $150.
Section
42G. Said section 39 of said chapter 262, as so appearing, is hereby further amended
by striking out, in lines 55 and 59, the words ‘thirty dollars’ and inserting
in place thereof, in each instance, the following figure:— $50.”; by striking
out section 43 and inserting in place thereof the following section:—
“SECTION
43. Section 39 of said chapter 262 is further amended by adding the following
2 paragraphs:—
The fee for filing
and declaration of homestead shall be $30.
The
fee for the filing and registration of a declaration of trust shall be $200.”;
by striking out section 50 and inserting in place thereof the following section:—
“SECTION
50. By the enactment of sections 8, 12 to 17, inclusive, and 20 to 23, inclusive,
the general court clarifies its original intention that the taxpayer is required
to possess for a transaction both (1) a valid, good-faith business purpose, other
than tax avoidance; and (2) economic substance apart from the asserted tax benefit,
in order to claim a deduction, exemption or other tax benefit.”; by striking out
section 57 and inserting in place thereof the following section:—
“SECTION
57. Sections 8, 12 to 17, inclusive, and 20 to 23, inclusive, shall take effect
on January 1, 2002 and shall also apply to all matters, regardless of tax year,
pending on or after that date.”; and by inserting after section 59 the following
new section:—
“SECTION 59A.
Section 12A shall apply to tax years beginning on or after March 1, 2003.”
Mr.
Hedlund moved to amend the bill by striking out section 59 and inserting in place
thereof the following section:—
“SECTION
59. Sections 9 and 11 shall be effective for tax years ending on or after January
1, 2003.”
Mr.
Morrissey moved to amend the bill in section 12, in line 89, by striking out the
words “when either” and inserting in place thereof the word “if”; by striking
out, in line 91, the word “or”; and by inserting after the figure “42”, in line
94, the following words:— “; or (3) the interest expenses and costs and the intangible
expenses and costs are directly or indirectly paid, accrued or incurred to a related
member in a foreign nation which has in force a comprehensive income tax treaty
with the United States.”
Mr.
McGee and Ms. Fargo moved to amend the bill by inserting after section 54 the
following section:—
“SECTION
54A. Notwithstanding any general or special law or rule or regulation to the contrary,
any member participating in a Medicare HMO plan during fiscal year 2003, whose
access to that plan was terminated in that fiscal year due to the withdrawal in
any service area by a Medicare HMO provider, or if that plan was terminated in
that fiscal year by a member’s physician or health care facility in their respective
service area, shall be eligible for enrollment in the prescription advantage program
established under section 39 of chapter 19A of the General Laws.”
Mr.
McGee moved to amend the bill by inserting after section 54 the following section:—
“SECTION
54A. Notwithstanding any general or special law to the contrary, not less than
$3,004,333 shall be expended from item 4590-0300 of section 2 of chapter 184 of
the Acts of 2002 for a school health service program, including school health
centers.”
Mr. McGee
moved to amend the bill by inserting after section 54 the following section:—
“SECTION
54A. Notwithstanding any general or special law to the contrary, $7,680,000 shall
be expended for the school health services program, including school health services,
partially funded in item 4590-0300 of section 2 of chapter 184 of the Acts of
2002.”
Messrs.
Magnani, McGee, Lees, Tisei, Tarr, Knapik, Hedlund and Mrs. Sprague moved to amend
the bill by inserting after section 54 the following section:—
“SECTION
54A. (A) Notwithstanding section 9C of chapter 29 of the General Laws, of the
funds appropriated in item 4130-1000 of section 2 of chapter 184 of the acts of
2002, $13,121,630 shall be expended for statewide neonatal and postnatal home
parenting education and home visiting programs for at-risk newborns.”; and by
inserting after section 44 the following section:—
“SECTION
44A. Item 4130-1000 of said section 2 of said chapter 184 is hereby amended by
adding the following words:—
General
Fund ......................................................................................................84.75%
Transitional Aid to Needy
The
President in the Chair, after remarks the question on adoption of the amendment
was determined by a call of the yeas and nays, at thirteen minutes past four o’clock
P.M., on motion of Mr. Lees, as follows, to wit (yeas 39 — nays 0) [Yeas and
Nays No. 11]:
| YEAS. | |||
| Antonioni, Robert A. | Knapik, Michael R. | ||
| Baddour, Steven A. | Lees, Brian P. | ||
| Barrios, Jarrett T. | Magnani, David P. | ||
| Berry, Frederick E. | McGee, Thomas M. | ||
| Brewer, Stephen M. | Melconian, Linda J. | ||
| Chandler, Harriette L. | Menard, Joan M. | ||
| Creedon, Robert S., Jr. | Montigny, Mark C. | ||
| Creem, Cynthia Stone | Moore, Richard T. | ||
| Fargo, Susan C. | Morrissey, Michael W. | ||
| Glodis, Guy W. | Murray, Therese | ||
| Hart, John A., Jr. | Nuciforo, Andrea F., Jr. | ||
| Havern, Robert A. | O’Leary, Robert A. | ||
| Hedlund, Robert L. | Pacheco, Marc R. | ||
| Jacques, Cheryl A. | Panagiotakos, Steven C. | ||
| Joyce, Brian A. | Resor, Pamela | ||
| Shannon, Charles E. | Tolman, Steven A. | ||
| Sprague, Jo Ann | Tucker, Susan C. | ||
| Tarr, Bruce E. | Walsh, Marian | ||
| Tisei, Richard R. | Wilkerson, Dianne — 38. | ||
| Rosenberg, Stanley C. — 1 | |||
|
NAYS — 0. | |||
|
ABSENT OR NOT
VOTING — 0. | |||
The yeas and nays having been
completed at seventeen minutes past four o’clock P.M., the amendment was adopted.
Mr.
McGee, Ms. Chandler, Ms. Wilkerson and Ms. Tucker moved to amend the bill by inserting
after section 54 the following:—
“SECTION
54A. Notwithstanding any general or special law to the contrary, if there is insufficient
funding during fiscal year 2003 to provide for the range of programs funded as
of January 1, 2003 by item 4401-1000 of section 2 of chapter 184 of the acts of
2002, the department of transitional assistance shall revise its policies as follows:
(1)
The department shall allow active participation in self-directed job search efforts,
as defined by the department, to qualify a family for an extension of time-limited
benefits pursuant to subsection (f) of section 110 of chapter 5 of the acts of
1995 and shall be deemed to meet the work requirement in subsection (j) of said
section 110 of said chapter 5 to the same degree as did participation in a job
search or other program funded by said item 4401-1000 as of January 1, 2003. These
policies shall only apply to recipients not able to participate in such a job
search program due to insufficient funding.
(2)
The department shall not sanction recipients who are unable to comply with the
work requirement in said subsection (f) of said section 110 of said chapter 5
or the terms of an employment development plan because of insufficient funding
for programs previously funded by said item 4401-1000 including, but not limited
to, transportation services.
(3)
The department shall not deny benefits to, or otherwise sanction, an applicant
for, or recipient of, transitional aid to families with dependent children benefits
pursuant to said section 110 of said chapter 5 for failure to comply with the
teen parent school attendance rules where the department is unable to provide
or arrange for an appropriate school program because of insufficient funding for
the young parents program previously funded by said item 4401-1000.
(4)
For a recipient who is participating in, is required to participate in or volunteers
to participate in a program previously funded by said item 4401-1000 or a comparable
program, the department shall not count toward the time limit imposed by said
subsection (f) of said section 110 of said chapter 5 any time that passes until
the department, in consultation and collaboration with the division of employment
and training, the one-stop career centers and other workforce development agencies,
has arranged a placement in a comparable education, training or job search program
funded by the federal, state or local government to prepare the recipient for
reaching the time limit.
(5)
The department shall continue to operate an employment services program under
which the department collects information about education, training and other
work preparation programs that are available in each local area, actively seeks
to maximize the number of slots in such programs that are available to serve current
and former recipients of transitional aid to families with dependent children,
makes referrals of current and former recipients to the programs and facilitates
the delivery of child care and transportation services to such recipients who
are required to or wish to participate in such programs.”; and by adding the following
section:—
“SECTION 61. Section
54A shall cease to be effective on the effective date of the general appropriation
act for fiscal year 2004.”
Mr.
Morrissey moved to amend the bill in section 38, by striking out, in lines 32
to 36, the words “; and (5) whether the existence of the limited liability company
is determined to have commenced on the date when the other business entity was
first created, incorporated or otherwise came into being.”
Mr.
Joyce moved to amend the bill by striking out section 39 and inserting in place
thereof the following section:—
“SECTION
39. Chapter 200A of the General Laws, as appearing in the 2000 Official Edition,
is hereby amended by inserting after section 6C the following section:—
Section
6D. Notwithstanding any provision of this chapter to the contrary, and subject
to the provisions of section one A, unclaimed property payable or distributable
in the course of a demutualization or related reorganization of an insurance company
is presumed abandoned 3 years after the earlier of: (a) the date of last contact
with the policyholder; (b) the date of last activity on the account of the policyholder,
as defined in 960 CMR 4.02; or (c) the date the property becomes payable or distributable.”;
by inserting after section 38 the following sections:—
“SECTION
38A. Section 1A of chapter 200A of the General Laws, as appearing in the 2000
Official Edition, is hereby amended by striking out, in line 4, the words ‘A or
six B’ and inserting in place thereof the following:— A, six B or six D.”; by
inserting after section 40 the following sections:—
“SECTION
40A. Said section 7 of said chapter 200A, as so appearing, is hereby amended by
striking out, in line 27, the word ‘November’ and inserting in place thereof the
following word:— May.
SECTION
40B. Said section 7 of said chapter 200A, as so appearing, is hereby amended by
striking out, in line 28, the words ‘June thirtieth’ and inserting in place thereof
the following word:— December thirty-first.
SECTION
40C. Said section 7 of said chapter 200A, as so appearing, is hereby amended by
striking out, in line 24, the word ‘May’ and inserting in place thereof the following
word:— November.
SECTION 40D.
Said section 7 of said chapter 200A, as so appearing, is hereby amended by striking
out, in line 30, the words ‘December thirty-first’ and inserting in place thereof
the following words:— May thirtieth.
SECTION
40E. Section 8 of said chapter 200A, as so appearing, is hereby amended by striking
out, in line 2, the word ‘March’ and inserting in place thereof the following
word:— September.
SECTION 40F.
Said section 8 of said chapter 200A, as so appearing, is hereby further amended
by striking out, in lines 2 and 3, the word ‘September’ and inserting in place
thereof the following word:— March.
SECTION
40G. Said section 8 of said chapter 200A, as so appearing, is hereby further amended
by striking out, in line 28, the words ‘March first or September’ and inserting
in place thereof the following words:— September first or March.”; and by inserting
after section 41 the following section:—
“SECTION
41A. Section 12 of said chapter 200A, as so appearing, is hereby amended by striking
out, in lines 32 and 33, the words ‘or 6B’ and inserting in place thereof the
following words:— 6B or 6D.”
Ms.
Fargo and Mr. Shannon moved to amend the bill by striking out section 48 and by
inserting after section 16 the following 2 sections:—
“SECTION
16A. Said section 33 of said chapter 63, as so appearing, is hereby amended by
inserting after the word ‘corporations’, in line 7, the following words:— but
wherever a controlled group of corporations exists as defined in section 1563
of the Internal Revenue Code, there shall be a presumption that all payments to
the parent corporation or affiliated corporation are in excess of fair value and
that fair compensation was not included for all commodities sold to or services
performed for the parent corporation or affiliated corporations.
SECTION
16B. Subsection (1) of section 38 of chapter 63 is hereby amended by striking
out paragraph (3) and inserting in place thereof the following paragraph:—
(3)
As used in this paragraph, the following words shall, unless the context otherwise
requires, have the following meaning:
‘Base
period employment level,’ the number of qualified employees in this commonwealth
of the manufacturing corporation as of December 31, 1995, and the number of non-qualified
employees in this commonwealth of the manufacturing corporation as of December
31, 1995, determined separately.
‘Non-qualified
employment level,’ the number of non-qualified employees of the manufacturing
corporation in the taxable year.
‘Qualified
employment level,’ the number of qualified employees of the manufacturing corporation
in the taxable year.
‘Non-qualified
employee in the commonwealth,’ an individual who: (i) is employed by a manufacturing
corporation; (ii) works on a full-time basis with a normal week of 30 or more
hours; (iii) at the inception of the employment relationship does not have a termination
date which is either a date certain or determined with reference to the completion
of some specified scope of work; (iv) is eligible to receive employee benefits
including, but not limited to, paid holidays, vacation and unemployment benefits;
and (v) is subject to Massachusetts income tax withholding. Three or fewer individuals
who collectively fulfill the requirement of clause (ii) and who each meet the
requirements of clauses (i), (iii), (iv), and (v) shall be counted as one qualified
employee for purposes of this section.
‘Qualified
employee in the commonwealth,’ an individual who: (i) is employed by a manufacturing
corporation; (ii) works on a full-time basis with a normal week of 30 or more
hours; (iii) at the inception of the employment relationship does not have a termination
date which is either a date certain or determined with reference to the completion
of some specified scope of work; (iv) is eligible to receive employee benefits
including, but not limited to, paid holidays, vacation and unemployment benefits;
(v) is subject to Massachusetts income tax withholding; (vi) is employed working
in the manufacturing corporation’s manufacturing operations; and (vii) is not
working in a bona fide executive, administrative, or professional capacity under
the provisions of 29 U.S.C. 213(a)(1). Three or fewer individuals who collectively
fulfill the requirement of clause (ii) and who each meet the requirements of clauses
(i), (iii), (iv), (v), (vi), and (vii) shall be counted as one qualified employee
for purposes of this section.
(i)
If for any taxable year beginning on or after January 1, 2003 but before January
1, 2004, a manufacturing corporation’s non-qualified employment level is less
than 80% of its base period employment level, or its qualified employment level
is less than 80% of its base period employment level, the corporation shall instead
be required to apportion its taxable net income for such taxable year to the commonwealth
in accordance with subsection (c).
(ii)
If for any taxable year beginning on or after January 1, 2004 but before January
1, 2005, a manufacturing corporation’s non-qualified employment level is less
than 82.5% of its base period employment level, or its qualified employment level
is less than 82.5% of its base period employment level, the corporation shall
instead be required to apportion its taxable net income for such taxable year
to the commonwealth in accordance with subsection (c).
(iii)
If for any taxable year beginning on or after January 1, 2005 but before January
1, 2006, a manufacturing corporation’s non-qualified employment level is less
than 85% of its base period employment level, or its qualified employment level
is less than 85% of its base period employment level, the corporation shall instead
be required to apportion its taxable net income for such taxable year to the commonwealth
in accordance with subsection (c).
(iv)
If for any taxable year beginning on or after January 1, 2006 but before January
1, 2007, a manufacturing corporation’s non-qualified employment level is less
than 87.5% of its base period employment level, or its qualified employment level
is less than 87.5% of its base period employment level, the corporation shall
instead be required to apportion its taxable net income for such taxable year
to the commonwealth in accordance with subsection (c).
(v)
If for any taxable year beginning on or after January 1, 2007 but before January
1, 2008, a manufacturing corporation’s non-qualified employment level is less
than 90% of its base period employment level, or its qualified employment level
is less than 90% of its base period employment level, the corporation shall instead
be required to apportion its taxable net income for such taxable year to the commonwealth
in accordance with subsection (c).
(vi)
If for any taxable year beginning on or after January 1, 2008, a manufacturing
corporation’s non-qualified employment level is less than 90% of its base period
employment level, or its qualified employment level is less than 90% of its base
period employment level, the corporation shall instead be required to apportion
its taxable net income for such taxable year to the commonwealth in accordance
with subsection (c).”; and by inserting after section 24 the following sections:—
“SECTION
24A. Sub-section (a) of section 44 of chapter 151A of the General Laws, as so
appearing, is hereby amended by inserting after the first sentence the following
sentence:— The commissioner shall maintain suitable records for each employer,
including but not limited to the number of qualified and non-qualified employees
as defined in paragraph (3) of subsection (1) of section 38 of chapter 63 employed
by that employer in the commonwealth during each year.
SECTION
24B. Section 45 of said chapter 151A, as so appearing, is hereby amended by inserting
after the word ‘chapter’, in line 4, the following words:— including but not limited
to the number of qualified and non-qualified employees as defined in paragraph
3 of subsection (1) of section 38 of chapter 63 employed by that employer in the
commonwealth during each year.”
The amendment
was rejected.
Ms. Fargo
and Messrs. Shannon and Hedlund moved to amend the bill by striking out section
48.
Ms.
Walsh and Mr. Lees moved to amend the bill by striking out sections 1 (the second
time it appears) and 2 and inserting in place thereof the following 3 sections:—
“SECTION
2. Chapter 29 of the General Laws is hereby amended by inserting after section
2III, the following 2 sections:—
Section
2JJJ. (a) There shall be established on the books of the commonwealth a separate
fund to be known as the Registers Technological Fund for the benefit of the registers
of deeds under the control of the state secretary. This fund shall consist of
the amounts specified in section 31 of chapter 9. The state treasurer shall deposit
these amounts into the fund, which shall be expended solely for the purposes of
automation, modernization, operation and technological improvements at the registries
of deeds. The state secretary for the benefit of the registers under his control,
shall submit a spending plan to the clerks of the house of representatives and
senate, who shall refer the plan to the house and senate committees on ways and
means and house and senate committees on post audit and oversight. In preparing
the plan, the secretary shall consult with the commonwealth’s chief information
officer and require that the projects and purchases funded through disbursements
in this section shall be consistent with the enterprise information technology
strategy, plan and information technology standards adopted by him. All such monies
shall be used to purchase information technology systems that are interoperable
with other like systems that are used or will be used by all registries. The plan
shall include, but not be limited to, the cost and description of all intangible,
personal and real property to be purchased or services to be received and any
and all personnel changes for the automation, modernization, operation and technological
improvements. If the general court takes no final action relative to the plan
within 30 days after the date on which the plan is first referred to those committees,
the state treasurer shall disburse the funds according to the plan.
(b)
In conjunction with the preparation of the Commonwealth’s comprehensive annual
financial report, the comptroller shall prepare and issue an annual report detailing
the revenue and expenditure of said fund.
Section
2KKK. (a) There shall be established on the books of the commonwealth a separate
fund for each of the counties of Barnstable, Bristol, Dukes, Norfolk, Plymouth
and Nantucket to be known as the County Registers Technological Fund, for the
benefit of the registers of deeds under the control of the governments of those
counties. The fund shall consist of the amounts specified in section 41 of chapter
36. The state treasurer shall deposit these amounts into the fund, which shall
be expended, subject to section 40 of chapter 36, solely for the purposes of automation,
modernization and technological improvements at the registries of deeds. Each
such register shall submit a spending plan to the clerks of the house of representatives
and senate, who shall refer the plan to the house and senate committees on ways
and means and house and senate committees on post audit and oversight. In preparing
the plan, the register shall consult with the commonwealth’s chief information
officer and the state secretary and require that the projects and purchases funded
through disbursements in this section shall be consistent with the enterprise
information technology strategy, plan and information technology standards adopted
by him. All such monies shall be used to purchase information technology systems
that are interoperable with other like systems that are used or will be used by
all registries. The plan shall include, but not be limited to, the cost and description
of all intangible, personal and real property to be purchased or services to be
received for said automation, modernization and technological improvements. If
the general court takes no final action relative to the plan within 30 days after
the date on which the plan is first referred to those committees, the state treasurer
shall disburse the funds according to the plan.
(b)
In conjunction with the preparation of the commonwealth’s comprehensive annual
financial report, the comptroller shall prepare and issue an annual report detailing
the revenue and expenditure of the fund.
SECTION
1. Chapter 9 of the General Laws is hereby amended by adding the following section:—
Section
31. Notwithstanding any general or special law to the contrary, the fees of the
registers of deeds and of the assistant recorders, except as otherwise provided,
to be paid when the instrument is left for recording, filing or deposit shall
be subject to a surcharge of $5. The surcharge shall be imposed for the purpose
of automation, modernization, operation and technological improvements at the
registries of deeds. Only those registries under the control of the state secretary
shall be subject to the terms and conditions of this section. From March 1, 2003
until June 30, 2008, all surcharges on fees collected pursuant to this section
shall be forwarded to the Registers Technological Fund established in section
2JJJ of chapter 29. From July 1, 2008, all the surcharges shall be forwarded to
the general fund as provided in section 2 of said chapter 29.
SECTION
2A. Chapter 36 of the General Laws is hereby amended by adding the following section:—
Section
41. Notwithstanding any general or special law to the contrary, the fees of each
of the registers of deeds and of the assistant recorders, except as otherwise
provided, to be paid when the instrument is left for recording, filing or deposit
shall be subject to a surcharge of $5. The surcharge shall be imposed for the
purpose of automation, modernization and technological improvements at the registries
of deeds. Only registries presently under the control of county government shall
be subject to this section. From March 1, 2003 until June 30, 2008, all surcharges
on fees collected pursuant to this section shall be forwarded to the County Registers
Technological Fund established in section 2KKK of chapter 29. From July 1, 2008,
all of the surcharges shall be forwarded to the general fund as provided in section
2 of chapter 29.”
After remarks,
the question on adoption of the amendment was determined by a call of the yeas
and nays, at six minutes before five o’clock P.M., on motion of Mr. Lees, as follows,
to wit (yeas 38 —nays 0) [Yeas and Nays No. 12]:
| YEAS. | |||
| Antonioni, Robert A. | Knapik, Michael R. | ||
| Baddour, Steven A. | Lees, Brian P. | ||
| Barrios, Jarrett T. | Magnani, David P. | ||
| Berry, Frederick E. | McGee, Thomas M. | ||
| Brewer, Stephen M. | Melconian, Linda J. | ||
| Chandler, Harriette L. | Menard, Joan M. | ||
| Creedon, Robert S., Jr. | Montigny, Mark C. | ||
| Creem, Cynthia Stone | Moore, Richard T. | ||
| Fargo, Susan C. | Morrissey, Michael W. | ||
| Glodis, Guy W. | Murray, Therese | ||
| Hart, John A., Jr. | Nuciforo, Andrea F., Jr. | ||
| Havern, Robert A. | O’Leary, Robert A. | ||
| Hedlund, Robert L. | Pacheco, Marc R. | ||
| Jacques, Cheryl A. | Panagiotakos, Steven C. | ||
| Joyce, Brian A. | Resor, Pamela | ||
| Shannon, Charles E. | Tolman, Steven A. | ||
| Sprague, Jo Ann | Tucker, Susan C. | ||
| Tarr, Bruce E. | Walsh, Marian | ||
| Tisei, Richard R. | Wilkerson, Dianne — 38. | ||
|
NAYS — 0. | |||
|
ABSENT OR NOT
VOTING. | |||
| Rosenberg, Stanley C. — 1. | |||
The yeas and nays having been completed at three minutes before five o’clock P.M., the amendment was adopted.
Mr. Morrissey moved to amend the bill, by striking out in lines 63 and 64, and in line 90, the words “clear and convincing evidence” and inserting in place thereof the following words:— “a preponderance of the evidence”; and in said section 12, in proposed section 31J, by striking out subsections (b), (c) and (d) and inserting in place thereof the following subsection:“(b)(1)
The adjustments required in subsection (a) shall not apply if: (i) a principal
purpose of the transaction giving rise to the payment of interest was not to avoid
payment of taxes due under this chapter; (ii) the interest is paid pursuant to
a contract that reflects the arms length rate of interest and terms; and only
in the case of corporations; (iii)(A) the related member was subject to tax on
its net income in this state or another state or possession of the United States
or a foreign nation; (B) a measure of that tax included the interest rate received
from the taxpayer; and (C) the rate of tax applied to the interest received by
the related member is not less than the statutory rate of tax applied to the taxpayer
under this chapter minus 3 percentage points.
(2)
The adjustments required under subsection (a) shall not apply if the corporation
can establish by a preponderance of the evidence that:
(i)
the affiliated groups’ total debt to persons who are not related members exceeds
the amount of debt held between members of the affiliated group;
(ii)
the debt is part of a regular and systematic treasury funds management or portfolio
investment activity conducted by the related member, whereby the funds of 2 or
more related members are aggregated for the purpose of achieving economies of
scale, the internal financing of the active business operations of related members
or the benefit of centralized management of funds; or
(iii)
the debt can be directly or indirectly traced to a third party.”
Mr.
Lees moved to amend the bill by inserting after section 12 the following section:—
“SECTION
12A. Said chapter 63, as so appearing, is hereby further amended by striking out
section 32D and inserting in place thereof the following section:—
Section
32D. Any domestic business corporation or foreign corporation subject to an excise
under sections 32 or 39 which is an S corporation or a qualified subchapter S
subsidiary, as defined under section 1361 of the Internal Revenue Code, as amended
and in effect for the taxable year, shall determine the net income measure of
the excise as follows:
(a) Such
net income shall be determined by taking into account the provisions of subchapter
S of said Code. Income or loss shall be determined as if it were realized or incurred
directly by an owner or owners subject to taxation under chapter 62 or 63, as
applicable. In the case of an S corporation, income shall be included in the net
income measure under this subsection to the extent that such income is taxed to
said S corporation for federal income tax purposes. In the case of a qualified
subchapter S subsidiary, income shall be included in the net income measure under
this subsection to the extent that such income would have been taxed to the subchapter
S subsidiary for federal income tax purposes had it been treated as a separate
corporation; and
(b) Any such
domestic business corporation or foreign corporation which is an S corporation
or a qualified subchapter S subsidiary and which has total receipts for the taxable
year of $6,000,000 or more shall also include in the net income measure of the
excise imposed under section 32 or 39 an amount determined by multiplying its
net income determined to be taxable in accordance with the provisions of this
chapter by 1 of the following rates, in lieu of the rate provided in said section
32 or 39:
(1) If total receipts
for the taxable year are at least $6,000,000 but less than $9,000,000, 2.63 per
cent; and
(2) If total receipts
for the taxable year are $9,000,000 or more, 3.95 per cent.
For
purposes of this subsection, net income determined to be taxable in accordance
with this chapter shall be determined without taking into account the provisions
of subchapter S of said Code, and shall not include income that is taxed to the
S corporation or qualified subchapter S subsidiary at the entity level under subsection
(a). ‘Total receipts’ mean gross receipts or sales, less returns and allowances,
and includes dividends, interest, royalties, capital gain net income, rental income
and all other income. The cost of goods sold or the cost of operations shall not
be deductible in determining such total receipts. The commissioner shall, by regulation,
apply such limits on an aggregate basis to S corporations engaged in a unitary
business with majority direct or indirect ownership by common stockholders. Such
aggregating shall also include any other type of entity, including any qualified
subchapter S subsidiary, so engaged and so owned which the commissioner finds
was established for the purpose of avoiding the foregoing limits.
For
the purposes of this subsection, in determining the net income of any qualified
subchapter S subsidiary, its gross income shall be determined by computing its
gross income as defined under said Code as if it had been taxed as a separate
corporation for federal income tax purposes.”; and by adding the following section:—
“SECTION
61. Section 12A shall apply to tax years beginning on or after January 1, 2003.”
Messrs.
Lees and Havern moved to amend the bill by striking out sections 1 and 2 and inserting
in place thereof the following section:—
“SECTION
1. Chapter 9 of the General Laws is hereby amended by adding the following 2 sections:—
Section
31. The fees of the registers of deeds and of the assistant recorders, except
as otherwise provided, to be paid when the instrument is left for recording, filing,
or deposit shall be subject to surcharge of $5. The surcharge shall be imposed
for the automation, modernization and operation at all 21 registries of deeds.
All surcharges on fees collected pursuant to this section shall be forwarded to
the Registers Technological Fund established in section 32 of chapter 9.
Section
32. There shall be established on the books of the commonwealth a separate fund
to be known as the Registers Technological Fund, for the benefit of registries
of deeds including those which are administered by the several counties. This
fund shall consist of all revenues collected under the surcharge set forth in
section 31. The state treasurer shall deposit all monies collected under section
31 into the Registers Technological Fund, which shall be under the control of
the secretary of the commonwealth and shall be expended solely for the purpose
of modernizing the operation and for the technological advancement of all 21 registries
of deeds. Each register may petition the secretary to disburse a portion of the
collected funds for the benefit of his registry."
After
remarks, the question on passing the bill to be engrossed was determined by a
call of the yeas and nays, at six minutes past five o’clock P.M., on motion of
Ms. Murray, as follows, to wit (yeas 38 — nays 0) [Yeas and Nays No. 13]:
| YEAS. | |||
| Antonioni, Robert A. | Knapik, Michael R. | ||
| Baddour, Steven A. | Lees, Brian P. | ||
| Barrios, Jarrett T. | Magnani, David P. | ||
| Berry, Frederick E. | McGee, Thomas M. | ||
| Brewer, Stephen M. | Melconian, Linda J. | ||
| Chandler, Harriette L. | Menard, Joan M. | ||
| Creedon, Robert S., Jr. | Montigny, Mark C. | ||
| Creem, Cynthia Stone | Moore, Richard T. | ||
| Fargo, Susan C. | Morrissey, Michael W. | ||
| Glodis, Guy W. | Murray, Therese | ||
| Hart, John A., Jr. | Nuciforo, Andrea F., Jr. | ||
| Havern, Robert A. | O’Leary, Robert A. | ||
| Hedlund, Robert L. | Pacheco, Marc R. | ||
| Jacques, Cheryl A. | Panagiotakos, Steven C. | ||
| Joyce, Brian A. | Resor, Pamela | ||
| Shannon, Charles E. | Tolman, Steven A. | ||
| Sprague, Jo Ann | Tucker, Susan C. | ||
| Tarr, Bruce E. | Walsh, Marian | ||
| Tisei, Richard R. | Wilkerson, Dianne — 38. | ||
|
NAYS — 0. | |||
|
ABSENT OR NOT
VOTING. | |||
| Rosenberg, Stanley C. — 1. | |||
The
yeas and nays having been completed at eight minutes past five o’clock P.M., the
bill was passed to be engrossed. [For complete text, see Senate, No. 1943, printed
as amended]
Sent to
the House for concurrence.
PAPER
FROM THE HOUSE.
The
Senate Bill relative to the office of the District Attorney for the Eastern District
(Senate, No. 1925),— came from the House passed to be engrossed, in concurrence
with an amendment in section 1, in line 11, by inserting after the year
“2005” the following:— "; provided, however, that those employees whose service
with said office was so terminated prior to January 2, 2003 shall receive ½ of
any such payment owned on or before February 14, 2003 and shall receive the remaining
½ of any such payment owed on or before July 18, 2003”.
The rules were suspended, on motion of Mr. Berry,
and the House amendment was considered forthwith and adopted, in concurrence.
Order
Adopted.
On
motion of Mr. Berry,—
Ordered,
That when the Senate adjourns today, it adjourn
to meet again on Tuesday next at eleven o’clock A.M., and that the Clerk be directed
to dispense with the printing of a calendar.
On motion of Mr. Lees, at ten minutes past five o’clock P.M., the Senate adjourned to meet on the following Tuesday at eleven o’clock A.M.