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.

JOURNAL OF THE SENATE.

Tuesday, June 11, 2002.

Met at eighteen minutes past ten o’clock A.M.

Distinguished Guests.

There being no objection, during the consideration of the Orders of the Day, the President introduced students from the Worcester Vocational High School. They were the guests of Senator Chandler.

Communication.

A communication from Senator Steven A. Tolman in compliance with Massachusetts General Laws, Chapter 268A (received June 10, 2002),— was placed on file.

Report of a Committee.

Ms. Resor, for the committee on Steering and Policy, reported that the following matter be placed in the Orders of the Day for the next session:

The House Bill validating the action taken at the 2000 annual town meeting of the town of Amherst (printed in House, No. 4890).

Matter Taken Out of the Orders of the Day.

There being no objection, the following matter was taken out of the Orders of the Day and considered, as follows:

The Senate Bill further regulating the registration of pharmacists (Senate, No. 2268),— was considered, the main question being on passing it to be engrossed.

The pending further amendment, previously moved by Mr. Lees, striking out all after the enacting clause and inserting the text of Senate, No. 2352 was withdrawn, on motion of Mr. Lees.

The pending amendment, previously moved by Ms. Jacques, Ms. Walsh and Mr. Moore, substituting a new draft with the same title (Senate, No. 2336),— was withdrawn, on motion of Ms. Jacques.

Ms. Jacques, Messrs. Lees, Moore and Creedon, Ms. Walsh and Ms. Chandler, then offered a further amendment, substituting a new draft with the same title (Senate, No. 2364).
This amendment was adopted.
The bill (Senate, No. 2364) was then passed to be engrossed.
Sent to the House for concurrence.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—

Resolutions (filed by Ms. Chandler) “honoring John F. ‘Jack’ and Shelley Blais for their support of the University of Massachusetts Medical School”; and

Resolutions (filed by Ms. Creem) “congratulating Carl E. Axelrod, recipient of the Honorable David A. Rose Civil Rights Award.”

PAPERS FROM THE HOUSE.

Engrossed Bills.

The following engrossed bills (the first of which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, were severally passed to be enacted and were signed by the President and laid before the Acting Governor for her approbation, to wit:

Designating a visitor information center in the city of Springfield as the William C. Sullivan Visitor Information Center (see Senate, No. 2267); and

Authorizing the town of Winchester to establish a retiree healthcare liability trust fund (see House Bill, printed as Senate, No. 2191).

The Senate Bill relative to obscene material (Senate, No. 2111),— came from the House passed to be engrossed, in concurrence, with an amendment adding at the end thereof the following section:—

“SECTION 2. Said section 31 of said chapter 272, as so appearing, is hereby further amended by striking out the definition of ‘Visual material’ and inserting in place thereof the following definition:—

‘Visual material’, any motion picture film, picture, photograph, videotape, book, magazine, pamphlet, or depiction by computer that contains pictures, photographs or similar visual representations or reproductions. Undeveloped photographs, pictures, motion picture films, videotapes and similar visual representations or reproductions may be visual materials notwithstanding that processing, development or similar acts may be required to make the contents thereof apparent.”
The rules were suspended, on motion of Ms. Melconian, and the House amendment was considered forthwith and adopted, in concurrence.

A Bill authorizing the apointment of Luann M. Tomaso as a police officer in the town of Milford (House, No. 4921,— on petition) [Local approval received],— was read.
There being no objection, the rules were suspended, on motion of Mr. Travaglini, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Orders of the Day.

The Orders of the Day were considered, as follows:

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. 5101, printed as amended),— was read a second time, the main question being on ordering it to a third reading.

The Senate adopted the amendment, previously recommended by the committee on Ways and Means, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2300.
The bill, as amended, was then ordered to a third reading and read a third time.

Pending the main question on passing the bill to be engrossed, Messrs. Creedon, Morrissey and Baddour moved to amend the bill in section 2, in item 0320-0001, by striking out the figure “$912,413” and inserting in place thereof the following figure:— “$952,518”.
The amendment was rejected.

Messrs. Creedon, Morrissey and Baddour moved to amend the bill in section 2, in item 0320-0003, by striking out the figure “$4,844,744” and inserting in place thereof the following figure:— “$4,954,571”.
The amendment was rejected.

Messrs. Creedon, Morrissey and Baddour moved to amend the bill in section 2, by inserting after item 0320-0010 the following item:
“0320-0016 For the payment of appellate court technology expenses 422,770”.
The amendment was rejected.

Ms. Walsh, Messrs. Creedon, Antonioni and Nuciforo, Ms. Creem and Ms. Wilkerson moved to amend the bill in section 2, in item 0321-1520, by striking out the figure “$4,910,154” and inserting in place thereof the following figure:— “$4,382,420”; and by striking out the figure “$6,713,280” and inserting in place thereof the following figure:— “7,241,014”.
After remarks, the amendment was adopted.

Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Mrs. Sprague moved to amend the bill in section 2, in item 0321-1502, by adding the following words:— “provided further, that the committee shall submit a report to the clerks of the house of representatives and senate, the speaker and minority leader of the house of representatives, the president and minority leader of the senate and the house and senate committees on ways and means not later than January 31, 2003 that shall include, but not be limited to, the following: (a) the number of clients assisted by the committee in the prior fiscal year; (b) any proposed expansion of legal services delineated by type of service, target population, and cost; (c) the total number of persons who received legal services by the committee, by type of case and geographic location; (d) the costs for services rendered per client, by type of case and geographic location; (e) the amount paid, if any, to the committee by clients for services rendered, by type case and geographic location; (f) the average cost for services rendered by said committee by type of case; (g) the average number of hours spent per attorney or staff per type of case; (h) the feasibility of the implementation of a flat rate compensation system based on the type of case”.
After remarks, the amendment was adopted.

Messrs. Lees and Tisei moved to amend the bill in section 2, in item 0321-1600, by striking out the figure “$4,276,799” and inserting in place thereof the following figure:— “$3,998,538”.
The amendment was rejected.

Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Mrs. Sprague moved to amend the bill in section 2, in item 0321-1600, by inserting after the word “location”, in line 16, the following words:— “(d) the costs for services rendered by said corporation to indigent or otherwise disadvantaged residents, by type of case and geographic location; (e) the amount paid, if any, to the corporation by commonwealth residents for services rendered, by type case and geographic location; (f) the average cost for services rendered by said corporation by type of case; (g) the average number of hours spent per attorney or staff by type of case; (h) the feasibility of the implementation of a flat rate compensation system based on the type of case;”.
The amendment was rejected.

Ms. Murray, Messrs. Creedon and McGee, Ms. Creem, Mr. Antonioni, Ms. Tucker and Messrs. Tolman and Shannon moved to amend the bill in section 2, in item 0321-2000, by striking out the figure “$480,740” and inserting in place thereof the following figure:— “$502,686”.
The amendment was rejected.

Mr. Havern moved to amend the bill in section 2, in item 0321-2205, by striking out the figure “$1,437,823” and inserting in place thereof the following figure:— “$1,716,176”.
The amendment was rejected.

Mr. Havern moved to amend the bill in section 2, by inserting after item 0321-2205 the following item:
“ 0321-2206 For the social law library to operate the electronic law database project 294,000.”
The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0330-0110, by striking out the figure “$39,867,892” and inserting in place thereof the following figure:— “$42,044,121”.
The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0330-0300, by striking out the figure “$123,854,180” and inserting in place thereof the following figure:—”$148,557,466”.
The amendment was rejected.

Mr. Creedon, Ms. Creem and Ms. Melconian moved to amend the bill in section 2, in item 0330-0300, by adding the following words:— “; and provided further, that $232,756 shall be expended for the operation and expenses of the Massachusetts sentencing commission pursuant to chapter 211E of the General Laws”.
After remarks, the amendment was adopted.

Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Mrs. Sprague moved to amend the bill in section 2, in item 0330-0300, by adding the following words:— “; provided further, that the chief justice for administration and management shall conduct a study and report on the following: the annual caseload for criminal and civil cases in the trial court; salary and number of justices of the trial court, clerks, assistant clerks, probation officers, salary or wage earned and number of other staff members not specifically aforementioned; and total annual expenditures for each of the several departments of the trial court according to district or county; and provided further, that this report shall be filed with the clerks of the senate and house of representatives no later than February 1, 2003”.
The amendment was rejected.

Mr. Antonioni moved to amend the bill in section 2, in item 0330-0300, by inserting after the word “interpreters” the following words:— “law libraries,”.
The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, by inserting after item 0330-2200 the following item:
“0330-2201 For a reserve to maintain minimum safe staffing levels of security personnel in the department of the trial court 1,500,000.”
The amendment was rejected.

Mr. Hart moved to amend the bill in section 2, in item 0331-9000, by striking out the words “Chapter 231 of the General Laws, and”, and inserting in place thereof the following words:— “Chapter 231 of the General Laws; provided, that not less than $209,983 shall be expended for”.
After remarks, the amendment was adopted.

Mr. Creedon moved to amend the bill in section 2, in item 0331-9000, by striking out the figure “$27,653,548” and inserting in place thereof the following figure:— “$27,975,281”.
The amendment was rejected.

Mr. Havern moved to amend the bill in section 2, after the title “District Court Department,” appearing after item 0331-9000, by inserting the following item:
“0332-4500 For the appointment of one additional assistant clerk-magistrate at the second district court of eastern Middlesex at Waltham 62,800”.
The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0332-9000, by striking out the figure “$114,040,929” and inserting in place thereof the following figure:— “$118,493,956”.
The amendment was rejected.

Mr. Hart moved to amend the bill in section 2, in item 0332-9000, by adding the following words:— “; provided further, that not less than $4,821,879 be expended for the Dorchester district court”.
The amendment was rejected.

Mr. Hart moved to amend the bill in section 2, in item 0332-9000, by inserting after the words “executive board” the following words:— “; provided further, that not less than $1,250,000 shall be expended for the South Boston district court”.
The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0334-0001, by striking out the figure “$2,514,953” and inserting in place thereof the following figure:— “$2,896,457”.|
The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, in item 0336-9000, by striking out the figure “$4,526,521” and inserting in place thereof the following figure:— “$4,663,117”.
The amendment was rejected.

Mr. Creedon and Ms. Murray moved to amend the bill in section 2, in item 0337-9000, by striking out the figure “$28,995,050” and inserting in place thereof the following figure:— “$30,282,560”.
The amendment was rejected.

Messrs. Creedon and Glodis moved to amend the bill in section 2, in item 0339-1001, by striking out the figure “$35,031,119” and inserting in place thereof the following figure:— “$42,167,072”.
The amendment was rejected.

Mr. McGee moved to amend the bill in section 2, in item 0339-1001, by adding the following words:— “and provided further, that $225,000 shall be expended for the purpose of providing a community services for women program in the district court of Southern Essex”.
After remarks, the amendment was adopted.

Mr. Creedon moved to amend the bill in section 2, by inserting after item 0339-1006 the following item:
“0339-1007 For a reserve to maintain minimum safe staffing levels of probation officers in the departments of the trial court and community correction centers 5,000,000.”
The amendment was rejected.

Messrs. Lees and Knapik moved to amend the bill in section 2, in item 0340-0500, by striking out the figure “$5,922,834” and inserting in place thereof the following figure:— “$6,519,039”.
The amendment was rejected.

Messrs. Lees and Knapik moved to amend the bill in section 2, in item 0340-0600, by striking out the figure “$4,164,286” and inserting in place thereof the following figure:— “$4,337,798”.
The amendment was rejected.

Mr. O’Leary and Ms. Murray moved to amend the bill in section 2, in item 0340-1000, by striking out the figure “$2,639,443” and inserting in place thereof the following figure:— “$2,898,803”.
The amendment was rejected.

Mr. Lees moved to amend the bill in section 2, by striking out items 0411-1000 and 0411-1010 and inserting in place thereof the following item:
“0411-1000 For the offices of the governor, the lieutenant governor, the governor’s council, and the governor’s commission on mental retardation; provided, that the amount appropriated in this item may be used at the discretion of the governor for the payment of extraordinary expenses not otherwise provided for and for transfer to appropriation accounts where the amounts otherwise available may be sufficient 5,312,247.”
After remarks, the amendment was adopted.

Mr. Nuciforo moved to amend the bill in section 2, in item 0511-0000, by striking out the figure “$6,698,069” and inserting in place thereof the following figure:— “$6,685,869”; and in item 0540-1600, by striking out the figure “$292,798” and inserting in place thereof the following figure:— “$304,998”.
The amendment was rejected.

Mr. Morrissey moved to amend the bill in section 2, by inserting after item 0511-0001 the following item:
“0511-0108 The state secretary acting on behalf of the commonwealth may sell, transfer or license the Massachusetts Division of Corporations’ software and related documents pertaining to its web based searching and filing applications, including uniform commercial code software, developed by the department of the secretary and copyrighted by it to other states, multi-state or regional associations or other sovereign governments on such terms or conditions as in his sole discretion reasonably compensates the commonwealth for its interests. From the proceeds of such sales or license or use agreements. The secretary may retain and expend revenues not to exceed 10 per cent of the proceeds or $800,000 whichever is greater for technical activities of the corporations division the remainder to be deposited in the General Fund. The secretary may also provide web hosting, and on-going support and maintenance to other states, provinces or territories of Canada relative to their UCC and corporate applications. The department of the state secretary may accept credit and debit cards from individuals and corporations filing documents with the department 800,000.”
After remarks, the amendment was adopted.

Mr. Morrissey moved to amend the bill in section 2, in item 0511-0200, by striking out the figure “$530,450” and inserting in place thereof the following figure:— “$551,424”.
The amendment was rejected.

Mr. Morrissey moved to amend the bill in section 2, in item 0511-0250, by striking out the figure “$416,804” and inserting in place thereof the following figure:— “$481,250”.
The amendment was rejected.

Ms. Resor and Ms. Fargo moved to amend the bill in section 2, in item 0526-0100 by inserting after the words “Massachusetts historical commission” the following words:— “; provided, that not less than $29,150 shall be expended for the restoration and repair of Heritage Park and Hosmer House in the town of Sudbury”.
The amendment was rejected.

Mr. Morrissey and Ms. Murray moved to amend the bill in section 2, in item 0526-0100, by striking out the figure “$792,856” and inserting in place thereof the following figure:— “$1,237,030”.
After remarks, the amendment was rejected.

Mr. Morrissey moved to amend the bill in section 2, by inserting after item 0528-0100 the following new item:
“0540-0000 For the purchase and installation of computer hardware and software technology for the registries of deeds 1,251,329”.
The amendment was rejected.

Messrs. Lees and Knapik and Mrs. Sprague moved to amend the bill in section 2, in item 0640-0000, by striking out the words “provided, that no funds shall be expended from this item for any costs associated with the promotion or advertising of lottery games;”.
After debate, the amendment was rejected.

Messrs. Tolman, O’Leary and McGee, Ms. Fargo, Ms. Murray, Messrs. Hart, Morrissey and Tarr, Ms. Creem, Ms. Menard and Messrs. Tisei and Creedon moved to amend the bill in section 2, in item 0810-0612, by inserting after the word “investigations”, in line 1, the following words:— “, including 30 investigator positions”; and by striking out the figure “$1,750,000” and inserting in place thereof the following figure: “$2,350,000”.

After debate, the question on adoption of the amendment was determined by a call of the yeas and nays, at twenty-two minutes past eleven o’clock A.M., on motion of Mr. Tolman, as follows, to wit (yeas 12 — nays 25):

YEAS.
Creedon, Robert S., Jr.	McGee, Thomas M.
Glodis, Guy W.	Morrissey, Michael W.
Hart, John A., Jr.	Pacheco, Marc R.
Hedlund, Robert L.	Tarr, Bruce E.
Knapik, Michael R.	Tisei, Richard R.
Lees, Brian P.	Tolman, Steven A. — 12.
NAYS.
Antonioni, Robert A.	Moore, Richard T.
Baddour, Steven A.	Nuciforo, Andrea F., Jr.
Brewer, Stephen M.	O’Leary, Robert A.
Chandler, Harriette L.	Panagiotakos, Steven C.
Creem, Cynthia Stone	Resor, Pamela
Fargo, Susan C.	Rosenberg, Stanley C.
Havern, Robert A.	Shannon, Charles E.
Jacques, Cheryl A.	Sprague, Jo Ann
Joyce, Brian A.	Travaglini, Robert E.
Magnani, David P.	Tucker, Susan C.
Melconian, Linda J.	Walsh, Marian
Menard, Joan M.	Wilkerson, Dianne — 25.
Montigny, Mark C.
PAIRED.
YEAS.	NAYS.
Therese Murray (present),	Frederick E. Berry — 2.

The yeas and nays having been completed at twenty-six minutes past eleven o’clock A.M., the amendment was rejected.

Mr. Lees and Mrs. Sprague moved to amend the bill in section 2, by striking out item 0900-0100; and by striking out item 0920-0300 and inserting in place thereof the following item:—
“0920-0300 For the operation of the combined office of state ethics and campaign and political finance to be known as the Office of Campaigns and Ethics 2,253,510.”
After remarks, the amendment was rejected.

Mr. Shannon moved to amend the bill in section 2, by inserting after item 1100-1104 the following item:—
“1100-1140 For the operation of the central business office 996,400.”;
and in section 2B by striking out item 1100-1141.
The amendment was rejected.

Mr. Lees moved to amend the bill in section 2, in item 1102-3301, by striking out the figure “$7,956,779” and inserting in place thereof the following figure:— “$8,056,779”.
The amendment was rejected.

Mr. Tolman, Ms. Fargo and Ms. Murray moved to amend the bill in section 2, in item 1107-2400, by striking out the figure “$604,825” and inserting in place thereof the following figure:— “$750,000”.

Ms. Melconian in the Chair, after remarks, the amendment was rejected.

Ms. Creem and Ms. Fargo moved to amend the bill in section 2, by striking out item 1107-2400 and inserting in place thereof the following item:
“1107-2400 For the office on disability; provided, that not less than $50,000 of the amount appropriated in this item shall be expended for arts program for people with disabilities including, but not limited to, festivals, training and education through the arts 729,825”.
After remarks, the amendment was rejected.

Messrs. Tisei and Morrissey, Ms. Murray and Mr. Tolman moved to amend the bill in section 2, in item 1107-2501, by striking out the figure “$1,631,153” and inserting in place thereof the following figure:— “$1,822,845”.
The amendment was rejected.

Mr. Hedlund moved to amend the bill in section 2, in item 1107-2501, by striking out the figure “$1,631,153” and inserting in place thereof the following figure:— “$1,722,845”.
The amendment was rejected.

Mr. Shannon moved to amend the bill in section 2, by striking out item 1108-1011 and inserting in place thereof the following item:
“1108-1011 For the operation of the civil service commission 512,000”.
The amendment was rejected.

Mr. Berry, Ms. Murray and Ms. Tucker moved to amend the bill in section 2, by striking out item 1108-5100 and inserting in place thereof the following item:
“1108-5100 For the administration of the group insurance commission; provided, that the commission shall generate the maximum amounts allowable under the federal consolidated omnibus budget reconciliation act, as amended, and from reimbursements allowed by sections 8, 10B, 10C and 12 of chapter 32A of the General Laws; provided further, that notwithstanding any general or special law to the contrary, the group insurance commission may establish a health plan for private human service providers, who deliver human and social services under contract with departments within the executive office of health and human services and executive office of elder affairs, or providers who deliver services by rate; provided further, that (1) said commission maintains a separate health care risk pool for said employees, (2) health care costs to the plan shall be paid by eligible health and human service providers and their employees, (3) the Massachusetts council of human service providers or its contractor administers eligibility and collection of premiums, and (4) participation by each eligible human service provider and employee shall be on a voluntary basis; provided further, that said health plan shall commence on January 1, 2003 and shall expire on December 31, 2005; provided further, that the group insurance commission may enter into an agreement with the Massachusetts council of human service providers or its contractor for services to effectuate the provisions of this section; provided further, that the commonwealth shall not be liable for any costs incurred by said plan; provided further, that on or before March 1 of each year, the Massachusetts council of human service providers shall submit to the secretary of administration and finance and house and senate committees on ways and means a report to include, but not be limited to the following: (1) the number of covered lives enrolled in said plan, (2) the number of employees enrolled in said plan who previously had no health coverage, (3) the cost to administer said plan, (4) the total health care expenditures of said plan, (5) the premium increases of said plan; and (6) the recommendations necessary for the continued viability of said plan; and provided further, that nothing in this item shall prohibit the group insurance commission from making modifications to said plan 1,984,318.”
The amendment was rejected.

Mr. O’Leary moved to amend the bill in section 2, in item 1201-0100, by inserting after the word “Pittsfield,” the following word:— “Hyannis,”.
After remarks, the amendment was adopted.

Mr. Tisei moved to amend the bill in section 2, in item 1231-1000, by adding the following words:— “; provided, that not less than $500,000 shall be expended for the Massachusetts Water Resources Authority to conduct a procurement to determine the feasibility and cost savings of a private-sector entity’s operating and maintaining facilities owned or operated by the authority; and provided further, that bidding organizations shall pay a fee to the Commonwealth Sewer Rate Relief Fund, which shall not exceed the cost of the procurement process”.

After debate, the question on adoption of the amendment was determined by a call of the yeas and nays, at eight minutes before twelve o’clock noon, on motion of Ms. Pacheco, as follows, to wit (yeas 5 — nays 32):

YEAS.
Knapik, Michael R.	Tarr, Bruce E.
Lees, Brian P.	Tisei, Richard R. — 5.
Sprague, Jo Ann
NAYS.
Antonioni, Robert A.	Montigny, Mark C.
Baddour, Steven A.	Moore, Richard T.
Brewer, Stephen M.	Morrissey, Michael W.
Chandler, Harriette L.	Murray, Therese
Creedon, Robert S., Jr.	Nuciforo, Andrea F., Jr.
Creem, Cynthia Stone	O’Leary, Robert A.
Fargo, Susan C.	Pacheco, Marc R.
Hart, John A., Jr.	Panagiotakos, Steven C.
Havern, Robert A.	Resor, Pamela
Hedlund, Robert L.	Rosenberg, Stanley C.
Jacques, Cheryl A.	Shannon, Charles E.
Joyce, Brian A.	Tolman, Steven A.
Magnani, David P.	Travaglini, Robert E.
McGee, Thomas M.	Tucker, Susan C.
Melconian, Linda J.	Walsh, Marian
Menard, Joan M.	Wilkerson, Dianne — 32.
ABSENT OR NOT VOTING.
Berry, Frederick E.	Glodis, Guy W. — 2.

The yeas and nays having been completed at one minute before twelve o’clock noon, the amendment was rejected.

Ms. Tucker and Mr. Shannon moved to amend the bill in section 2, in item 1410-0251, by striking out the figure “$2,173,692” and inserting in place thereof the following figure:— “$2,550,000”.
The amendment was rejected.

Mr. Panagiotakos and Ms. Menard moved to amend the bill in section 2, in item 1599-0036, by adding the following words:— “, provided, that not less than $400,000 be made available for a meeting and convention marketing program to be administered by the regional tourist councils”.
After debate, the amendment was adopted.

Mr. Moore, Ms. Fargo and Ms. Tucker moved to amend the bill in section 2, in item 1599-0041, by striking out the figure, “$50,000” and inserting in place thereof the following figure:— “$75,000”.
The amendment was rejected.

Messrs. Tarr and Hedlund moved to amend the bill in section 2, in item 1599-0093, by adding the following words:— “; and provided further, that not more than $1,000,000 may be provided for loan and financial assistance to eligible borrowers to finance the costs of water conservation projects, or portions thereof, including a project of a type or category which the department of environmental protection has determined shall promote water conservation and increased efficiency of water usage, including but not limited to the implementation of programs for the replacement of plumbing fixtures not meeting the 1998 federal water efficiency standards as established by the Federal Energy Act of 1992, which have been approved by the department, in such manner and under such terms and conditions as shall be determined by the board of trustees of the trust”.
The amendment was rejected.

Recess.

At twenty-two minutes before one o’clock P.M., at the request of Mr. Lees, for the purpose of a minority party caucus, the Chair (Ms. Melconian) declared a recess; and, at two minutes before two o’clock P.M., the Senate reassembled, the President in the Chair.

Orders of the Day.

The Orders of the Day were further considered, as follows:

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. 5101, printed as amended) was further considered, the main question being on passing the bill to be engrossed.

Messrs. Tisei, Lees, Knapik and Hedlund moved to amend the bill in section 2, in item 1599-6901, by striking out the figure “$6,000,000” and inserting in place thereof the following figure:— “$16,000,000”; and in item 4590-0300 by striking out the figure “$50,370,293” and inserting in place thereof the following figure:— “$40,370,293.”

After debate, the question on adoption of the amendment was determined by a call of the yeas and nays, at one minute before two o’clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 12 — nays 24):

YEAS.
Glodis, Guy W.	Pacheco, Marc R.
Hedlund, Robert L.	Panagiotakos, Steven C.
Joyce, Brian A.	Sprague, Jo Ann
Knapik, Michael R.	Tarr, Bruce E.
Lees, Brian P.	Tisei, Richard R.
Magnani, David P.	Tucker, Susan C. — 12.
NAYS.
Antonioni, Robert A.	Menard, Joan M.
Baddour, Steven A.	Montigny, Mark C.
Brewer, Stephen M.	Moore, Richard T.
Chandler, Harriette L.	Morrissey, Michael W.
Creedon, Robert S., Jr.	Nuciforo, Andrea F., Jr.
Creem, Cynthia Stone	O’Leary, Robert A.
Fargo, Susan C.	Resor, Pamela
Hart, John A., Jr.	Rosenberg, Stanley C.
Havern, Robert A.	Tolman, Steven A.
Jacques, Cheryl A.	Travaglini, Robert E.
McGee, Thomas M.	Walsh, Marian
Melconian, Linda J.	Wilkerson, Dianne — 24.
PAIRED.
YEAS.	NAYS.
Therese Murray (present),	Frederick E. Berry — 2.
ABSENT OR NOT VOTING.
Charles E. — 1.

The yeas and nays having been completed at five minutes past two o’clock P.M., the amendment was rejected.

PAPER FROM THE HOUSE.

Emergency Preamble Adopted.

There being no objection, during consideration of the Orders of the Day, an engrossed Bill authorizing additional borrowing for the Massachusetts Bay Transportation Authority and the Central Artery/Ted Williams Tunnel Project (see House, No. 5123), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,— was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted, in concurrence, by a vote of 10 to 0.
The bill was signed by the President and sent to the House for enactment.

Recess.

There being no objection, at ten minutes past two o’clock P.M., the President declared a recess subject to the call of the Chair; and, at nine minutes before five o’clock P.M., the Senate reassembled, the President in the Chair.

Orders of the Day.

The Orders of the Day were further considered, as follows:

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. 5101, printed as amended) was further considered, the main question being on passing the bill to be engrossed.

Mr. Morrissey moved to amend the bill by inserting after section 18 the following section:—

“SECTION 18A. 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 and in order to promote sound and prudent fiscal management, the state secretary may transfer appropriated funds between the registry of deeds items under the jurisdiction of the state secretary upon notification to the comptroller and the house and senate committees on ways and means.”
After debate, the amendment was rejected.

Mr. Brewer, Ms. Resor and Mr. Travaglini moved to amend the bill in section 2, by inserting after item 2000-9004 the following item:

“2000-9900 For the office of geographic and environmental information established pursuant to section 4B of chapter 21A of the General Laws 414,801.”
The amendment was rejected.

Mr. Berry moved to amend the bill in section 2, in item 2010-0100, by striking out the words “to exceed” before the figure $1,375,000 and inserting in place thereof the following words:— “less than”; and by striking out the words “April 1, 2001” and inserting in place thereof the following words:— “April 1, 2002”.
After remarks, the amendment was adopted.

Mr. Brewer and Ms. Resor moved to amend the bill in section 2, in item 2020-0100, by striking out the figure “$1,617,696” and inserting in place thereof the figure:— “$1,672,886”.
After remarks, the amendment was adopted.

Messrs. Morrissey and Joyce moved to amend the bill in section 2, in item 2100-2030, by inserting after the words “Blackstone River and Canal Commission;” the following words:— “; provided further, that not less than $75,000 shall be expended for the town of Braintree for a conservation and education program”.
The amendment was rejected.

Mr. Tarr moved to amend the bill in section 2, in item 2200-0100, in line 45, by inserting after the words “Clean Water Act”, the following words:— “; provided further, that technical assistance shall be provided by the department to municipalities, water districts and water authorities for comprehensive system wide water audits, water use accounting and reporting and intensive leak detection and repair programs”.
After remarks, the amendment was adopted.

Mr. Moore moved to amend the bill in section 2, in item 2200-0100, by adding the following words:— “; and provided further, that not less than $100,000 shall be expended for grants to the town of Mendon for testing wells and blood, and for remediation of illegal dumping; provided, however, that the commonwealth shall make every effort to seek reimbursement from those parties found responsible for such pollution”.
After remarks, the amendment was adopted.

Messrs. Brewer, Nuciforo, Knapik and Moore moved to amend the bill in section 2, in item 2310-0200, by striking out the figure “$6,759,636” and inserting in place thereof the following figure:— “$7,239,786”.
After remarks, the amendment was adopted.

Ms. Resor, Mr. Brewer, Ms. Fargo, Mr. Hedlund and Ms. Creem moved to amend the bill in section 2, in item 2310-0310, by striking out the figure “$691,483” and inserting in place thereof the following figure:— “$739,330”; and by inserting after section 26, the following section:—

“SECTION 26A. (A) Chapter 90 of the General Laws is hereby amended by inserting after section 2E, as appearing in the 2000 Official Edition, the following section:—

Section 2F. (a) The registrar shall furnish, upon application, to the owners of private passenger motor vehicles distinctive registration plates bearing a Massachusetts endangered species or other symbol associated with the natural heritage of the commonwealth.

(b) There shall be a one-time $40 fee for the plate in addition to the established registration fee for passenger motor vehicles and an annual renewal fee of $25.

(c) The portion of the fee remaining after the deduction of costs directly attributable to issuing the plate shall be transferred to the Natural Heritage and Endangered Species Fund, created pursuant to section 35D of chapter 10.

(B) Any resident of the commonwealth may submit a plate design to be chosen as a design for a natural heritage and endangered species license plate. The decision choosing a design will be made by a committee consisting of the registrar of motor vehicles or his designee, 2 members from the house of representatives, 1 of whom shall be appointed by the speaker and 1 of whom shall be appointed by the minority leader of the house; 2 members from the senate, 1 of whom shall be appointed by the president and 1 of whom shall be appointed by the minority leader of the senate; the secretary of the executive office of environmental affairs or his designee, and a chair, who shall be appointed by the governor. Designs must be submitted to the commonwealth within 60 days of the effective date of this act and the design must be chosen within 120 days of said deadline.”
After remarks, the amendment was rejected.

Mr. Hart moved to amend the bill in section 2, in item 2440-0010, by striking out the words “funds shall be expended for the maintenance and operation of the James Michael Curley” and inserting in place thereof the following words:— “not less than $293,116 shall be expended for the maintenance and operation of the James Michael Curley”.
After remarks, the amendment was adopted.

Mr. Tisei moved to amend the bill in section 2, by inserting after item 2440-4420, the following item:
“2443-2000 For the operation of the Commonwealth Zoological Corporation; provided, that funds appropriated herein shall be expended for the purposes of promoting private fund-raising, achieving self-sufficiency and serving as a catalyst for urban economic development and job opportunities for local residents; provided further, that the corporation shall take all steps necessary to increase the amount of private funding available for the operation of the zoos; provided further, that the corporation shall report to the house and senate committees on ways and means not later than February 1, 2003 on the status of, and amounts collected from, the private fundraising and enhanced revenue efforts identified in the draft Massachusetts zoos business and operations plan dated December, 1996; provided further, that the corporation shall continue to provide free services and supplies, including, but not limited to, routine animal check-ups, diagnosis and care, emergency veterinary needs, medications and medical supplies, vitamins and diet supplements and Zoo Prem feline diet, to the trailside museum and the Chickatawbut Hill center in the town of Milton; and provided further, that no expenditures shall be made from the amount appropriated other than for those purposes identified herein 3,500,000”;
and in item 0640-0300, by striking out the figure “$16,170,608” and inserting in place thereof the following figure:— “$12,670,608”.
Mr. Rosenberg in the Chair, after debate, the amendment was rejected.

Mr. Brewer moved to amend the bill in section 2, in item 2511-0100, by inserting after the word “fairs;”, in line 7, the following words:— “provided further, that not less than $135,000 be expended for agricultural fair prizes and rehabilitation, including the expenses of the agricultural lands board;”; and by striking out the figure “$4,494,165” and inserting in place thereof the following figure:— “$4,884,209”.
After remarks, the amendment was rejected.

Mr. Hart moved to amend the bill in section 2, in item 4000-0100, by adding the following words:— “; and provided further, that not less than $100,000 shall be expended for the operation of the Colonel Daniel Marr Boys and Girls Club’s Paul McLaughlin teen center”.
The amendment was rejected.

Mr. Tisei moved to amend the bill in section 2, in item 4000-0300, by striking out the words “provided further, that no funds from items 4000-0430, 4000-0500, 4000-0600, 4000-0860, 4000-0870 or 4000-0880 shall be expended for the purpose of a dispensing fee to retail pharmacies; provided further, that the fees shall be paid for out of the Health Care Quality Improvement Trust Fund, established under section 16 of this act” and inserting in place thereof the following words:— “provided further, that expenditures for the purpose of a dispensing fee to retail pharmacies shall be paid for out of the Health Care Quality Improvement Trust Fund, established in section 2DDD of chapter 29 of the General Laws; provided further, that no funds from items 4000-0430, 4000-0500, 4000-0600, 4000-0860, 4000-0870 or 4000-0880 shall be expended for the purpose of such dispensing fees, except that funds may be expended from any such item if amounts from the Health Care Quality Improvement Trust Fund are insufficient to pay for such fees”.
After remarks, the amendment was adopted.

Mr. Moore moved to amend the bill in section 2, in item 4000-0300, by adding the following words:— “; provided further, that notwithstanding any general or special law to the contrary, the division shall not implement new regulations governing adult day health programs before the promulgation of a rate to support the cost of providing services under the regulations; provided further, that any new regulations shall include care given by dementia-specific programs within the most skilled level of care established by such regulations; provided further, that the division shall not, whether or not new regulations are adopted, decrease the per diem reimbursement paid as of May 30, 2002 to providers of adult day care; provided further, that the division shall report to the house and senate committees on ways and means not later than October 1, 2002 the methods by which it determines costs for adult day health programs and ways in which such methods can be expanded to reflect the cost of all adult day health programs”.
After remarks, the amendment was adopted.

Messrs. Moore and Tarr moved to amend the bill in section 2, in item 4100-0060, by inserting after the citation “114 CMR 31.02;” the following words:— “provided further, that the commissioner shall hold a public hearing in order to hear testimony from members of the public on the changes to the estimated acquisition cost; provided further, that the commissioner shall consider whether the estimated acquisition cost is adequate to provide payment for pharmacy services that is consistent with efficiency, economy, and quality of care; provided further, that the commissioner shall also consider whether the estimated acquisition cost is sufficient to enlist enough pharmacy providers so that pharmacy services are available to program recipients statewide and in each county at least to the same extent, as those services are available to the general population of the commonwealth; provided further, that the commissioner shall also review the estimated wholesale acquisition cost to determine if the wholesale acquisition cost compromises the access to pharmacy services for covered patients; provided further, that not later than 120 days following the public hearing, the division shall publish the results of its findings and the division may establish, as the result of the findings, and pursuant to chapter 118E of the General Laws, a new estimated acquisition cost that is in the best interests of the program recipients;”.
After remarks, the amendment was adopted.

Mr. Tisei moved to amend the bill in section 2, in item 4110-4000, by striking out the figure “$1,896,424” and inserting in place thereof the following figure:— “$2,184,424”; and in item 4590-0300, by striking out the figure “$50,370,293” and inserting in the place thereof the following figure:— “$40,082,293”.
The amendment was rejected.

Mr. Tucker and Ms. Fargo moved to amend the bill in section 2, in item 4130-3050, in line 18, by striking out the words “that income-eligible child care programs shall be funded from this item” and inserting in place thereof the following words:— “that income-eligible child care programs shall be funded from this item; provided further, that $3,300,000 shall be expended for not fewer than 500 new child care slots for children in the foster care program at the department of social services”.
After remarks, the amendment was adopted.

Mr. Travaglini in the Chair, Ms. Tucker, Ms. Resor, Ms. Menard, Ms. Creem, Messrs. O’Leary, Magnani and McGee, Ms. Wilkerson and Messrs. Hart, Travaglini and Shannon moved to amend the bill in section 2, in item 4400-1000, by striking out, in line 52, the words “up to a total of 10 hours per week of”.
After remarks, the amendment was adopted.

Ms. Tucker, Ms. Resor, Ms. Menard, Ms. Creem, Messrs. O’Leary, McGee, Ms. Wilkerson and Messrs. Hart and Shannon moved to amend the bill in section 2, in item 4401-1000, in line 38, by striking out the word “may” and inserting in place thereof the following word:— “shall”.
After remarks, the amendment was adopted.

Messrs. Berry, Joyce and Travaglini moved to amend the bill in section 2, in item 4403-2120, by adding the following words:— “; provided further, that an amount of not less than $9,655,276 be allocated to fund existing scattered site family emergency shelter programs.”
The amendment was rejected.

Ms. Jacques moved to amend the bill in section 2, in item 4510-0100, by striking out the words “that funds may be expended for the Massachusetts Violence Prevention Task Force” and inserting in place thereof the following words:— “that not less than $175,000 shall be expended for the Massachusetts Violence Prevention Task Force”.
After debate, the amendment was adopted.

Mr. Tolman moved to amend the bill in section 2, in item 4510-0600, by inserting after the words “South Boston section of the city of Boston, including the costs of performing medical and laboratory tests and examinations” the following words:— “; provided further, that not more than $50,000 shall be expended for the director of the bureau of environmental health assessment of the department of public health to conduct an environmental risk assessment of the health impacts of the Cambridge Plating Company in the town of Belmont; provided further, that the assessment may include, but shall not be limited to, examining incidences of cancers in Belmont and the surrounding communities”.
After debate, the amendment was adopted.

Mr. Hart moved to amend the bill in section 2, in item 4512-0200, by striking out, in line 15, the figure “$120,000” and inserting in place thereof the following figure:— “$319,500”.
After debate, the President in the Chair, the amendment was adopted.

Mr. Hart moved to amend the bill in section 2, in item 4512-0200, by striking out, in line 22, the figure “$412,000” and inserting in place thereof the following figure:— “$462,000”.
The amendment was adopted.

Ms. Menard, Messrs. Baddour, Tarr and Berry, Ms. Resor, Messrs. Pacheco, McGee and Travaglini and Ms. Fargo moved to amend the bill in section 2, in item 4512-0200, by inserting after the words “Framingham Coalition for the Prevention of Alcohol and Drug Abuse” the following words:— “; provided further, that not less than $603,000 shall be expended for the Link House, Inc. for purposes of establishing halfway services for women in recovery from substance abuse in the town of Salisbury.”
After remarks, the amendment was adopted.

Ms. Fargo moved to amend the bill in section 2, in item 4513-1000, by striking out the figure “$49,999” and inserting in place thereof the following figure:— “$99,000”.
After remarks, the amendment was adopted.

Messrs. Joyce and Creedon moved to amend the bill in section 2, in item 2200-0100, by inserting after the words “incentives to encourage water conservation” the following words:— “; provided further, that $210,000 shall be expended to provide for and test the public water supply in the town of Avon”.
The amendment was adopted.

Ms. Menard, Ms. Creem, Mr. Moore, Ms. Chandler and Ms. Jacques moved to amend the bill in section 2, in item 4513-1000, in line 16, by striking out the figure “$2,371,000” and inserting in place thereof the following figure:— “$2,424,350”; and in line 19, by striking out the figure “$130,000” and inserting in place thereof the following figure:— “$100,000”.
After remarks, the amendment was adopted.

There being no objection, the following amendments were considered as one and rejected, to wit:

Mr. Tarr moved to amend the bill in section 2, in item 0511-0200, by adding the following words:— “; provided further, that not less than $25,000 shall be expended for the archives project by the Essex National Heritage Area; and provided further, that the expenditure shall be contingent upon a matching amount equal to not less than $1 in grant funds for every $1 in state funds”.
The amendment was rejected.

Mr. Hart moved to amend the bill in section 2, by striking out item 1599-7092; and, by striking out item 8910-0000 and inserting in place thereof the following item:

“8910-0000 For a reserve to fund county correctional programs; provided that, not withstanding any general or special laws to the contrary, the sheriffs, in conjuncture with the county government finance review board, shall develop a plan with the comptroller’s office to collect and report all revenue collection and all spending on the Massachusetts Management Accounting Reporting System; provided further, that the county government finance review board shall, by January 1, 2003 have developed a plan for the spending of all funds for fiscal year 2003, and have developed a sound fiscal spending plan for fiscal year 2004; provided further, that said board shall build the spending plans with the direct input of the 7 sheriffs still functioning under the county government system; provided further, that by January 15, 2003 the board shall report all spending plans to the house and senate committees on ways and means; provided further, that the information shall satisfy all fiscal requirements for a maintenance level of funding including, but not limited to, collective bargaining increases, legal fees, debt services, 1-time costs, energy costs, equipment leases, medical costs and workers’ compensation issues; provided further, that no other spending information or requests shall be submitted to the house and senate committees on ways and means by the individual sheriffs until February 15, 2003; provided further, that the board shall also provide a projection of all county funds to be collected for fiscal year 2003 and 2004; provided further, that $180,000 shall be expended for Project Coach; provided further, that not less than $7,633,849 shall be made available to Barnstable county; provided further, that not less than $25,626,735 shall be made available to Bristol county; provided further, that not less than $1,312,656 shall be made available to Dukes county; provided further, that not less than $59,714 shall be made available to Nantucket county; provided further, that not less than $15,450,251 shall be made available to Norfolk county; provided further, that not less than $28,692,209 shall be made available to Plymouth county and expended for operating and debt service costs associated with state inmates housed in the Plymouth county facility, pursuant to clauses 3 and 4 of the Memorandum of Agreement signed May 14, 1992; provided further, that not less than $75,600,175 shall be made available to Suffolk county; provided further, that the funds appropriated in this item shall be distributed among the counties by the county government finance review board upon prior notification to the house and senate committees on ways and means; provided further, that funds made available to Plymouth county may be expended for operating and debt service costs associated with state inmates housed in the Plymouth county facility, pursuant to said clauses 3 and 4 of said Memorandum of Agreement signed May 14, 1992; provided further, that the balance of funds appropriated in this item shall be distributed among the counties by the county government finance review board upon prior notification to the house and senate committees on ways and means; provided further, that Suffolk county may receive additional funding from the balance for county correction maintenance and operation expenses; provided further, that funds distributed from this item shall be paid to the treasurer of each county who shall place such funds in a separate account within the treasury of each such county; provided further, that the treasurer shall authorize temporary transfers into this account for operation and maintenance of jails and houses of correction in advance of receipt of the amount distributed by the commonwealth under this item; provided further, that upon receipt of the state distribution, the treasurer may transfer out of such account an amount equal to the funds so advanced; provided further, that all funds deposited in such accounts and any interest accruing thereto shall be used solely for the functions of the sheriffs’ departments of the various counties including, but not limited to, maintenance and operation of jails and houses of correction, without further appropriation; provided further, that the sheriff’s department of each county shall reimburse the county treasurer of each county for personnel-related expenses, with the exception of salaries, attributable to the operations of the sheriffs department of each county heretofore paid by the county including, but not limited to, the cost of employee benefits; provided further, that the spending plans required by this item shall be developed by the county government finance review board, in consultation with the Massachusetts Sheriffs’ Association; provided further, that in accordance with section 247 of chapter 38 of the acts of 1995, all spending plans shall be detailed by subsidiary and object code in accordance with the expenditure classification requirements promulgated by the comptroller; provided further, that such spending plans shall be accompanied by a delineation of all personnel employed by each county correctional facility including, but not limited to, position, title, classification, rank, grade, salary and full-time: or part-time status; provided further, that such spending plans shall be accompanied by a delineation of all vehicles leased, owned or operated by each county sheriff; provided further, that such delineation shall include vehicle make and model, year, mileage, condition, date purchased or leased and vehicle primary use; provided further, that no sheriff shall purchase any new vehicles or major equipment in fiscal year 2003 unless such purchase is made pursuant to a multicounty or regionalized collaborative procurement arrangement or unless such purchase is directly related to significant population increase or is otherwise necessary to address an immediate and unanticipated public safety crisis and is approved by the county government finance review board and the executive office of public safety; provided further, that notwithstanding this item, sheriffs may purchase marked prisoner transportation vans upon notification to the county government finance review board; provided further, that notwithstanding any special law to the contrary, no county treasurer shall retain revenues derived by the sheriffs from commissions on telephone service provided to inmates or detainees; provided further, that such revenues shall be retained by the sheriffs not subject to further appropriation for use in a canteen fund; provided further, that the county government finance review board and the executive office of public safety shall identify and develop county correction expenditures which shall be reduced through shared contracts, regionalized services, bulk purchasing and other centralized procurement savings programs; provided further, that documentation of such expenditures and savings shall be submitted to the house and senate committees on ways and means not later than December 30, 2002 and shall make provision for such system of shared contracts, regionalized services, bulk purchasing and other centralized procurement savings to take effect not later than June 30, 2003; provided further, that the daily count sheet for county facilities compiled by the executive office of public safety, shall be filed with the Massachusetts Sheriffs’ Association not less than monthly; provided further, that all revenues including, but not limited to, revenue received from housing federal prisoners, United States Marshals, canteen revenues, inmate industries and workcrew revenues shall be tracked and reported quarterly to the house and senate committees on ways and means and the Massachusetts Sheriffs’ Association; provided further, that on or before August 15, 2002, each county sheriff shall submit a final spending plan for fiscal year 2003 to the county government finance review board and the house and senate committees on ways and means detailing the level of resources deemed necessary for the operation of each county correctional facility and the expenditures which shall be reduced to remain within the appropriation; provided further, that failure by a county sheriff to comply with any provision of this item shall result in a reduction of subsequent quarterly payments to amounts consistent with a rate of expenditure of 95 per cent of the rate of expenditure for fiscal year 2002, as determined by the county government finance review board; provided further, that each sheriff shall submit to the executive office of public safety and the house and senate committees on ways and means copies of such spending plans not later than August 15, 2002; provided further, that on or before September 15, 2002, the county government finance review board shall have approved final fiscal year 2003 county correction budgets; provided further, that the county government finance review board shall provide the executive office of public safety and the house and senate committees on ways and means with copies of such approved budgets not later than October 15, 2002; provided further, that such budgets shall include distribution schedules for the final 2 quarters of fiscal year 2003 and such plans shall be used to make all subsequent quarterly distributions; provided further, that services shall be provided to the extent determined to be possible within the amount appropriated in this item and each sheriff shall make all necessary adjustments to ensure that expenditures do not exceed the appropriation; provided further, that each county shall expend during fiscal year 2003, for the operation of county jails and houses of correction and other statutorily authorized facilities and functions of the office of the sheriff, in addition to the amount distributed from this item, not less than 102.5 per cent of the amount expended in fiscal year 2002 for such purposes from own-source revenues, which shall not be less than 5 per cent of total county revenues including, but not limited to, amounts levied pursuant to sections 30 and 31 of chapter 35 of the General Laws and amounts provided pursuant to sections 11 to 13, inclusive, of chapter 64D of the General Laws; provided further, that in fiscal year 2003, those counties which have not met maintenance of effort obligations in prior fiscal years shall expend not less than the minimum contribution, as defined above from own-source revenues; provided further, that notwithstanding this item, the maintenance of effort obligations for Suffolk county shall be 5 per cent of the total fiscal year 2003 Suffolk county correction operating budget as approved by the county government finance review board; provided further, that notwithstanding any general or special law to the contrary, the deputy commissioner of local services shall certify on or before May 15, 2003 that all municipalities have appropriated and transferred to their respective county treasuries, not less than 102.5 per cent of the municipality’s prior year obligations or minimum contributions as defined above, whichever is greater, for county corrections; provided further, that if a municipality fails to transfer such obligation, the deputy commissioner shall withhold an amount equal to the shortfall in the obligation due to the county from such municipality’s fourth quarter local aid-cherry sheet distribution authorized from account 0611-5500 of section 2 and from funds made available from the State Lottery Fund distribution in section 3; provided further, that on or before August 1, 2002, the deputy commissioner shall report all such withholdings to the house and senate committees on ways and means; provided further, that in fiscal year 2003, notwithstanding section 20A of chapter 59 of the General Laws, any county except Suffolk and Nantucket may increase its county tax for said fiscal year by an additional amount if the total amount of such additional county tax is approved by two-thirds of the cities and towns in the county, in towns by a majority vote of the town meeting or town council, and in cities by a majority vote of the city council or board of aldermen, with the approval of the mayor or manager; provided further, that any county which borrowed under section 6 of chapter 193 of the acts of 1989 on or before July 31, 1989 or which borrowed in fiscal year 1989 under section 36A of chapter 35 of the General Laws, may refund such debt for a term not to exceed 7 years from the date of the original loan with payments on such refunding loan to be made in accordance with said chapter 35 and section 12 of said chapter 64D, as may be applicable; provided further, that each sheriff shall continue to report all expenditures on the Massachusetts management accounting reporting system in accordance with the latest expenditure classification requirements promulgated by the comptroller pursuant to section 27 of chapter 29 of the General Laws; and provided further, that each sheriff funded from this item shall report on a monthly basis to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than September 30, 2002 173,637,850.

Local Aid Fund 100.0% .”

The amendment was rejected.

Mr. Travaglini moved to amend the bill in section 2, by inserting after item 1599-7092 the following item:

“1599-9952 For the purpose of contracting independent technical advisors to assist communities in evaluating and contributing to the Central Artery/Ted Williams Tunnel Project, including the Charles river crossing; provided, that the executive office for administration and finance may issue a request for proposals for such technical advisor, said contract to be drafted in conjunction with designated representatives from the impacted neighborhoods; provided, further that $l00,000 shall be expended from this item for a technical advisor to the North End/Waterfront area of the city of Boston and $40,000 shall be expended for a technical advisor for the East Boston section of the city of Boston; provided further, that the technical advisors shall have access to data relative to design and mitigation; and provided further, that the advisors shall be accountable to and work directly with residents, designated community representatives and organizations of the aforementioned communities in assessing impacts and recommending alternative design modifications to the Central Artery/Ted Williams Tunnel 140,000”.
The amendment was rejected.

Mr. Morrissey moved to amend the bill in section 2, by inserting after item 1599-3838 the following item:
“1599-3840 For a reserve to provide energy rate relief for non-profit cultural institutions within the commonwealth; provided further, that notwithstanding section 62 of chapter 10 of the General Laws or any other general or special law to the contrary, the secretary of administration and finance shall condition the expenditure of such reserve upon assurances that such funds shall be used solely for the purposes of offsetting costs related to updating or expanding energy related functions in such institutions 5,000,000

Ratepayer Parity Trust Fund 100.00%. ”

The amendment was rejected.

Mr. Tolman, Ms. Fargo and Mr. Tarr moved to amend the bill in section 2, in item 1750-0200, by striking out the figure “$684,166” and inserting in place thereof the following figure:— $770,950”.
The amendment was rejected.

Ms. Creem and Messrs. Tarr and Magnani moved to amend the bill in section 2, in item 2000-0100, by striking out, in lines 28 and 29, the words “not more than $1,250,000 shall be expended for the Watershed initiative” and inserting in place thereof the following words:— not less than $1,250,000 shall be expended for the Watershed initiative”.
The amendment was rejected.

Mr. Baddour moved to amend the bill in section 2, in item 2010-0100, by inserting after the words “expended on municipal recycling incentives;” the following:— “provided further that, as of July 1, 2002, there shall be a moratorium prohibiting the further sale, lease, or other placement of any vending machines in the commonwealth, not already in place as of said date, which accept and redeem empty beverage containers pursuant to section 323 of chapter 94 of the General Laws, until such time as such vending machines properly identify and redeem only beverage containers labeled with a refund value and reject all other beverage containers; provided further, that in no event shall this item be interpreted to mandate any additional labeling on such containers;”.
The amendment was rejected.

Messrs. Hedlund, Tarr and Knapik moved to amend the bill in section 2, by striking out item 2100-0005 and inserting in place thereof the following item:

“2100-0005 For the department of environmental management pursuant to section 10A 1/2 of chapter 91 of the General Laws; provided that not less than $60,000 shall be expended for the Martha’s Vineyard Commission; and provided further, that not less than $165,000 shall be expended for the dredging of the Back river in the town of Weymouth; and provided further, that the department may issue grants to public and non-public entities from this item 3,065,000

Harbors and Inland Waters Maintenance Fund 100.0% .”

The amendment was rejected.

Mr. Nuciforo moved to amend the bill in section 2, in item 2200-0100, by inserting after the word “law”, in line 29, the following words:—“; provided further, that not less than $350,000 shall be expended for the costs associated with the capping of the three-town landfill located in the town of Heath”.
The amendment was rejected.

Mr. Baddour moved to amend the bill in section 2, in item 2210-0110, by inserting after the words “master plan” the following words:— “; provided further, that not less than $250,000 shall be expended for the design and engineering associated with access and egress to Methuen’s transfer station and recycling facility”.
The amendment was rejected.

Messrs. O’Leary and Brewer, Ms. Creem and Messrs. McGee and Nuciforo moved to amend the bill in section 2, in item 2250-2001, by striking out the figure “$1,424,834” and inserting in place thereof the following figure:— $2,108,356”.
The amendment was rejected.

Ms. Fargo, Ms. Resor and Mr. Morrissey moved to amend the bill in section 2, in item 2260-8881, by striking out the figure “$334,308” and inserting in place thereof the following figure:— “$351,198”.
The amendment was rejected.

Messrs. Brewer, Shannon, Moore and Antonioni moved to amend the bill in section 2, in item 2350-0100, by striking out the following:

“9,813,795

Environmental Law Enforcement Fund 50.66%

General Fund 34,20%

Highway Fund 15.14% ”.

and inserting in place thereof the following:—

“10,741,000

Environmental Law Enforcement Fund 46.29%

General Fund 26.05%

Highway Fund 13.83%

Clean Environment Fund 13.83% .”

The amendment was rejected.

Ms. Wilkerson moved to amend the bill in section 2, in item 2410-1000, in line 5, by inserting after the word “parkways”, in line 5, the following words:— “; provided further, that not less than $282,310 shall be expended to provide motorcycle patrols along the southwest corridor in the city of Boston”.
The amendment was rejected.

Messrs. Travaglini and Hedlund moved to amend the bill in section 2, by striking out item 2410-1000 and inserting in place thereof the following item:

“2410-1000 For the administration of the metropolitan district commission; provided, that said commission shall enter into an interagency agreement with the department of state police to provide police coverage on commission properties and parkways; provided further, that said department shall reimburse the commission for costs incurred by the commission including, but not limited to, vehicle maintenance and repairs, the operation of department buildings and other related costs; provided further, that notwithstanding section 3B of chapter 7 of the General Laws, the commission shall establish or renegotiate fees, licenses, permits, rents and leases and adjust or develop other revenue sources to fund the maintenance, operation and administration of the commission; provided further, that an annual report shall be submitted to the house and senate committees on ways and means regarding any fee adjustments not later than February 14, 2003; provided further, that notwithstanding any general or special law or administrative bulletin to the contrary, the department shall not pay any fees charged for the leasing or maintenance of vehicles to the operational services division; and provided further, that no funds shall be expended from this item for personnel overtime costs 1,245,488

Local Aid Fund 75.00%

Highway Fund 25.00% .”;

by striking out item 2440-0010 and inserting in place thereof the following item:

“2440-0010 For the administration, operation and maintenance of the metropolitan district commission parks and recreation division, for the maintenance, operation and related costs of the parkways, boulevards, roadways, bridges and related appurtenances under the care, custody and control of the commission, for the flood control activities of said commission and for the purchase of all necessary supplies and related equipment; provided, that no funding shall be made available from this item for true seasonal employees; and provided further, that no expenditures shall be made from this item other than for those purposes set forth in this item 26,051,490

Highway Fund 60.00%

Local Aid Fund 40.00%. ”;

by striking out item 2440-0045 and inserting in place thereof the following item:

“2440-0045 For payment to the city of Boston for maintenance and operations of the James Michael Curley recreation center; and provided further, that no expenditures shall be made other for the purposes set forth in this item 272,774

Local Aid Fund 100.0%.”;

by inserting after item 2440-1000 the following:

“2440-1202 For the civilian crossing guards located at metropolitan district commission intersections where state police personnel previously performed
such duties 211,246

2440-2000 For the expenses of snow and ice control at metropolitan district commission parkways, parks facilities, and properties, including the costs of
personnel 579,696

Highway Fund 100.0%.”;

by inserting after item 2440-4421 the following 2 items:

“2440-5000 For the summer and fall seasonal hires of the commission; provided, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this item shall be positions requiring the services of an incumbent, on either a full-time or less than full-time basis beginning not earlier than April 1 and ending not later than November 30; provided, that notwithstanding said section 1 of said chapter 31, seasonal positions funded by this account shall not be filled by an incumbent for more than 8 months within a 12-month period 2,612,868

Highway Fund 60.00%

Local Aid Fund 40.00%

2440-0600 For the winter and spring seasonal hires of the commission; provided, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this item shall be positions requiring the services of an incumbent, on either a full-time or less than full-time basis beginning not earlier than September 1 and ending not later than April 30; provided, that notwithstanding said section 1 of said chapter 31, seasonal positions funded by this account shall not be filled by an incumbent for more than 8 months within a 12-month period 523,403

Highway Fund 60.00%

Local Aid Fund 40.00%.”;

and by striking out item 2444-9001 and inserting in place thereof the following 3 items:

“2444-9001 For the maintenance, rehabilitation, construction, reconstruction, and improvement of boulevards, parkways, bridges, and related appurtenances under the care, custody, and control of the metropolitan district commission 877,432

Highway Fund 100.0%.

2444-9005 For the operation and maintenance of street lighting on metropolitan district commission parkways 2,400,000

Highway Fund 100.0%.

2460-1000 For the construction division; provided, that notwithstanding any general or special law to the contrary, all offices and positions of the division shall be subject to classification under sections 45 to 50, inclusive, of chapter 30 of the

General Laws 2,678,884

Highway Fund 80.00%

Local Aid Fund 20.00%.”.

The amendment was rejected.

Mr. Hart moved to amend the bill in section 2, in item 2440-0010, by adding the following words:— “; provided further, that not less than $25,000 be expended for the maintenance and operation of the Harry McDonough Sailing Program”.
The amendment was rejected.

Ms. Wilkerson moved to amend the bill in section 2, in item 2440-0010, by inserting after the word “duties”, in line 11, the following words:— “; provided further, that the commission shall expend $105,000 for maintenance of the southwest corridor park in the city of Boston and shall enter into contracts for personnel and other resources necessary for such maintenance, including the costs of three horticulturists”.
The amendment was rejected.

Mr. Tolman moved to amend the bill in section 2, in item 2440-0010, by inserting after the word “Milton” the following words:— “; provided further, that $420,000 shall be expended to install a traffic signal at the intersection of Grove street and Greenough boulevard in the city known as the town of Watertown”; and by striking out the figure “$26,453,510” and inserting in place thereof the following figure:— “$26,873,510”.
The amendment was rejected.

Ms. Creem, Mr. Tarr and Ms. Fargo moved to amend the bill in section 2, in item 2440-0010, by adding the following words:— “; and provided further, that not less than $100,000 shall be expended for the costs associated with the management of aquatic non-native plants in the Charles river lakes district, including treatment and monitoring”.
The amendment was rejected.

Mr. Hart moved to amend the bill in section 2, in item 2440-0010, by adding the following words:— “; and provided further, that not less than $100,000 shall be expended for improvements to the land and facilities of the Charles river esplanade in the city of Boston”.
The amendment was rejected.

Ms. Resor moved to amend the bill in section 2, in item 2511-0100, by inserting after the word “program”, in line 16, the following words:— “and provided further, that $20,000 be expended to maintain a part-time bee inspector”; and by striking out the figure “$4,494,165” and inserting in place thereof the following figure:— $4,514,165”.
The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, by inserting after item 4000-0100 the following item:

“4000-0112 For matching grants to municipalities, boys’ and girls’ clubs, YMCA and YWCA organizations, Girls’ Inc., and non-profit community centers for a program to prevent high rates of juvenile delinquency, teen pregnancy and high school dropout rates for youths-at-risk, so-called; provided, that the program shall be structured to require collaboration in each such neighborhood between agencies of the executive office of health and human services and the departments of human services and education, the county sheriffs’ offices, public safety departments, boys’ and girls’ clubs, YMCA and YWCA organizations and non-profit community centers of each participating municipality; provided further, that youths-at-risk shall include, but not be limited to, those teenagers and preteenagers identified with histories of court involvement, significant or continuous exposure to criminal behavior in their households, truancy, homelessness, children-in-need-of services status, or involvement with the departments of social services or youth services; provided further, that funds from this item may be expended to provide after school programs that include parental accountability and training, court-based assessments, mentoring, substance abuse prevention and recreational programs; provided further, that the executive office shall work in conjunction with public and private organizations for the purposes of securing new matching funds for expenditures made from this item; provided further, that the secretary of health and human services shall award the full amount of each grant to each organization upon commitment of matching funds from the organization; provided further, that the secretary shall report to the house and senate committees on ways and means on the types of services, the cost of each such service, the exact amounts matched by each program, the names of vendors contracted by each program, the number of children to be served by each program, the goals of each program, expected outcomes for fiscal year 2003 and actual outcomes for fiscal year 2003; provided further, that $60,000 shall be expended for the Billerica Boys and Girls Club; provided further, that $25,000 shall be expended for the Brockton Boys and Girls Club; provided further, that $100,000 shall be expended for the Taunton Boys and Girls Club; provided further, that not less than $90,000 shall be expended for the Russian Teens-at-Risk Program in the cities of Boston and Lynn and the town of Brookline; provided further, that $40,000 shall be expended for the Boys and Girls Club of Greater Westfield; provided further, that $40,000 shall be expended for the YMCA of Greater Westfield; provided further, that $40,000 shall be expended for the public partnership program between the greater Lynn YMCA and YWCA and the town of Saugus and the public partnership program between the Saugus YMCA and YWCA and the town of Saugus; provided further, that $50,000 shall be expended for the Russian Teens-at-Risk program operated by the Jewish Family and Children’s Service in the city of Boston; and provided further, that not less than $555,000 shall be expended for after-school programs operated by public and non-public entities including, but not limited to members of the Massachusetts Alliance of Boys and Girls Clubs 1,000,000.”
The amendment was rejected.

Ms. Tucker moved to amend the bill in section 2, by inserting after item 4000-0100 the following item:

“4000-0122 For the common ground program at the YWCA of Greater Lawrence 74,940.”
The amendment was rejected.

Mr. Shannon moved to amend the bill in section 2, by inserting after item 4000-0100 the following item:

“4000-0112 For matching grants to the Somerville YMCA and the Somerville-Medford Boys and Girls Club; provided, that $50,000 shall be expended for the Somerville YMCA; and provided further, that $50,000 shall be expended for the Somerville-Medford Boys and Girls Club 100,000.”
The amendment was rejected.

Mr. Baddour, Ms. Tucker, and Mr. Berry move to amend the bill in section 2, in item 4000-0500, by adding the following words:— “; and provided further, that the department shall reimburse acute care hospitals in the department of mental health’s designated northeast area for short-term inpatient psychiatric services at the same rate per diem rate as is paid to the hospital located in the department of mental health’s currently designated metro suburban area.
The amendment was rejected.

Messrs. Creedon, Tarr and Travaglini moved to amend the bill in section 2, in line item 4100-0060, by inserting after the citation to “114 CMR 31.02” the following words:— “, except that for the purposes of this item only, the term ‘eligible pharmacy providers’ shall not include those pharmacies that serve publicly aided long-term care patients in facilities licensed by the department of public health pursuant to section 71 of chapter 111 of the General Laws”.
The amendment was rejected.

Messrs. Hedlund and Creedon moved to amend the bill in section 2, in item 4100-0600, by striking out the words “; provided further, that notwithstanding the provisions of any general or special law, rule or regulation, the division, for the purpose of drug cost reimbursement to eligible pharmacy providers for publicly aided and industrial accident patients, shall define the estimated acquisition cost for a single source brand name drug, so-called, and for a multiple source generic drug, so-called, as the wholesale acquisition cost plus two per cent for both legend and non-legend drugs”.
The amendment was rejected.

Mr. Tolman moved to amend the bill in section 2, in item 4110-1020, by striking out the figure “$330,739” and inserting in place thereof the following figure:— “$360,939”.
The amendment was rejected.

Mr. Rosenberg moved to amend the bill in section 2, in item 4110-3010, by striking out the figure “$2,592,421” and inserting in place thereof the following figure:— “$2,635,560”; and by adding the following 2 lines:—

“General Fund 85.00%

“Job Opportunity Business Services Fund 15.00% .”

The amendment was rejected.

Mr. Morrissey moved to amend the bill in section 2, in item 4120-2000, by adding the following words:— “, provided further, that the maximum obligation for contracted community based services shall not be less than $6,900,000”.
The amendment was rejected.

Mr. Tolman, Ms. Fargo and Ms. Murray moved to amend the bill in section 2, in item 4120-2000, by striking out the figure “$7,672,262” and inserting in place thereof the following figure:— “$8,231,583”.
The amendment was rejected.

Mr. Rosenberg moved to amend the bill in section 2, in item 4120-3000, by striking out the figure “$8,419,539” and inserting in place thereof the following figure:— “$9,014,660”; and by adding the following 2 lines:—

“General Fund 85.00%

“Job Opportunity Business Services Fund 15.00% .”

The amendment was rejected.

Ms. Tucker and Ms. Murray moved to amend the bill in section 2, in item 4120-3000, by striking out the figure “$8,419,539” and inserting in place thereof the following figure:— “$9,014,660”.
The amendment was rejected.

Ms. Resor moved to amend the bill in section 2, in item 4120-4000, by inserting after the words “Living Independently for Equality, Inc. of Brockton;” the following words: — “; provided further, that $275,000 in annualized funding shall be expended for Turning 22 clients who began receiving services in fiscal year 2002”; and by striking out the figure “$7,839,698” and inserting in place thereof the following figure:— $8,089,698”.
The amendment was rejected.

Ms. Murray moved to amend the bill in section 2, in item 4120-4000, by striking out the figure “$7,839,689” and inserting in place thereof the following figure:— “$8,115,212”.
The amendment was rejected.

Mr. Magnani moved to amend the bill in section 2, in item 4120-4000, by adding the following words:— “and provided further, that it is the intent of the senate that the commission shall be enabled to provide uninterrupted service to individuals who were entered into so-called 'Turning 22' services in fiscal year 2002, subject to appropriation”.
The amendment was rejected.

Mr. Havern moved to amend the bill in section 2, by striking out item 4120-5000 and inserting in place thereof the following item:

“4120-5000 For home making services; provided that not less than $696,000 be included to cover the annualization of homecare provider rates 5,485,746.”
The amendment was rejected.

Mr. Tolman and Ms. Fargo moved to amend the bill in section 2, in item 4125-0100, by striking out the figure “$5,177,437” and inserting in place thereof the following figure:— “$5,251,038”.
The amendment was rejected.

Ms. Murray and Ms. Tucker moved to amend the bill in section 2, in item 4130-3050, by striking out the figure “$289,903,524” and inserting in place thereof the following figure:— “$296,424,555”.
The amendment was rejected.

Ms. Tucker and Ms. Creem moved to amend the bill in section 2, by striking out item 4130-3500 and inserting in place thereof the following item:

“4130-3500 For the provision of trial court child care services; provided that $127,553 shall be expended for child care services in the Roxbury trial court; provided further, that $152,925 shall be expended for child care services in the Springfield trial court; provided further, that $97,674 shall be expended for child care service in the West Roxbury trial court; provided further, that $225,938 shall be expended for child care services in the Middlesex trial court; provided further, that $175,000 shall be expended for child care services in the Dorchester trial courts; provided further, that $175,000 shall be expended for child care services in the Lawrence trial court; provided further, that $250,000 shall be expended for child care services in the Suffolk county court complex; provided further, that $175,000 shall be expended for child care services in the Fall River trial court; provided further, that $200,000 shall be expended for child care services in the Chelsea trial court; provided further, that $300,000 shall be expended for child care services in the Brockton trial court 1,909,090.”
The amendment was rejected.

Ms. Murray moved to amend the bill in section 2, in item 4200-0300, by striking out the figure “$76,484,340” and inserting in place thereof the following figure:— “$80,720,879”.
The amendment was rejected.

Mr. Rosenberg moved to amend the bill in section 2, in item 4401-1000, by striking out the figure “$33,270,040” and inserting in place thereof the following figure:— “$35,000,000; by striking out the figure “55.50%” and inserting in place thereof the following figure “47.7%”; by striking out the figure “45.5%” and inserting the following figure:— 42.3%; and by adding the following line:—

“Job Opportunity Business Services Fund 10.0% .”

The amendment was rejected.

Mr. O’Leary moved to amend the bill in section 2, in item 4403-2120 by inserting after the words “additional costs to the family shelter program;” the following words:— “provided further, that Hyannis Safe Harbor Shelter shall be a contracted shelter;”.
The amendment was rejected.

Mr. Lees moved to amend the bill in section 2, in item 4404-1000, by striking out the figure “$13,331,830” and inserting in place thereof the following figure:— “$9,442,948”.
The amendment was rejected.

Mr. Tolman moved to amend the bill in section 2, in item 4406-3000, by striking out the words “$592,325 for the Boston Health Care for the Homeless program” and inserting in place thereof the following words:— “$742,325 for the Boston Health Care for the Homeless program”; and by striking out the figure “$37,091,927” and inserting in place thereof the following figure:— “$37,241,927.”
The amendment was rejected.

Mr. Moore moved to amend the bill in section 2, in item 4510-0100, by striking out the figure “$19,495,270” and inserting in place thereof the following figure:— “$20,371,541.”
The amendment was rejected.

Mr. Hart moved to amend the bill in section 2, in item 4510-0110, by striking out the figure “$5,643,883” and inserting in place thereof the following figure:— “$9,348,035”.
The amendment was rejected.

Mr. Hart moved to amend the bill in section 2, in item 4510-0150, by striking out, in line 8, the figure “$225,000” and inserting in place thereof the following figure:— “$275,000”.
The amendment was rejected.

Mr. Hart moved to amend the bill in section 2, in item 4510-0150, by striking out the figure “$3,289,491” and inserting in place thereof the following figure:— “$6,306,262”.
The amendment was rejected.

Mr. Tarr moved to amend the bill in section 2, in item 4513-1022, by adding the following words:— “; provided further, that not less than $40,000 be provided for the operations of the Domestic Violence Response Team, provided to the Ipswich district court by the police departments of Wenham, Ipswich, Topsfield and Hamilton”.
The amendment was rejected.

Messrs. Moore and McGee, Ms. Fargo, Ms. Wilkerson and Ms. Chandler moved to amend the bill in section 2, by inserting after item 4513-1112 the following item:

“4513-1113 For a program to raise public awareness and provide health care provider education on colorectal cancer, including dissemination of materials on preventing and screening the disease and cancer registry reporting; provided, that no expenditures shall be made from this item for the cost of personnel 87,500.”
The amendment was rejected.

Messrs. Moore and Knapik and Ms. Fargo moved to amend the bill in section 2, in item 4516-1000, by striking out the figure “$10,247,936” and inserting in place thereof the following figure:— “$11,477,360”.
The amendment was rejected.

Messrs. Moore, McGee and Knapik, Ms. Creem and Ms. Fargo moved to amend the bill in section 2, in item 4530-9000, by striking out the figure “$3,453,786” and inserting in place thereof the following figure:— “$3,628,855”.
The amendment was rejected.

Ms. Tucker moved to amend the bill in section 2, in item 4590-0915, by striking out the figure “$109,890,178” and inserting in place thereof the following figure:— “$115,516,277”.
The amendment was rejected.

Ms Tucker and Ms. Fargo moved to amend the bill in section 2, in item 4800-0038, by striking out the figure “$457,359,531” and inserting in place thereof the following figure:— “$463,859,531”.
The amendment was rejected.

Messrs. Hart and Joyce moved to amend the bill in section 2, in item 4800-0038, by striking out the words “provided further, that the department shall expend $160,000 for Latinas y Ninos and Casa Esperanza, to implement a family stabilization and reunification program” and inserting in place thereof the following words:— “provided further, that not less than $348,850 shall be expended for Casa Esperanza and Latinas y Ninos to implement a family stabilization and reunification program”.
The amendment was rejected.

Mr. Hart moved to amend the bill in section 2, in item 4800-0038, by striking out, in line 48, the figure “$250,000” and inserting in place thereof the following figure:— “$272,000”.
The amendment was rejected.

Mr. Hart moved to amend the bill in section 2, in item 4800-1400, by striking out the word “of”, in line 2, and inserting in place thereof the following word — “from”.
The amendment was rejected.

Ms. Tucker and Ms. Murray moved to amend the bill in section 2, in item 4800-1500, by striking out the figure “$383,638” and inserting in place thereof the following figure:— “$603,056”.
The amendment was rejected.

Mr. Baddour, Ms. Tucker and Mr. Berry moved to amend the bill in section 2, in item 5047-0001, by adding the following words:— “; and provided further, that the department shall reimburse acute care hospitals providing acute inpatient psychiatric service, whether directly or through a managed care intermediary, at per diem rates which are at least equal to the rates paid for the services under the department of medical assistance payment schedules”.
The amendment was rejected.

Messrs. Berry and Moore moved to amend the bill in section 2, in item 5055-0000, by adding the following words:— “; provided further, that not less than $857,889 shall be expended for the purposes of providing mental health services to inmates in jails and houses of correction”.
The amendment was rejected.

Ms. Fargo and Mr. Morrissey moved to amend the bill in section 2, in item 5920-2000, by striking out the figure “$536,656,477” and inserting in place thereof the following figure:— “$544,156,477”.
The amendment was rejected.

Mr. Knapik moved to amend the bill in section 2, in item 6006-0003, by striking out the figure “$592,505” and inserting in place thereof the following figure:— $621,824”.
The amendment was rejected.

Mr. Shannon moved to amend the bill in section 2, in item 6010-0001, by adding the following words:— “; and provided further, that $500,000 shall be expended for a barrier wall to separate a highway from a residential neighborhood along interstate highway route 93 next to Brookside parkway in the city of Medford”.
The amendment was rejected.

Mr. Shannon moved to amend the bill in section 2, in item 6010-0001, by adding the following words:— “; and provided further, that $450,000 shall be expended for a barrier wall to separate a highway from a residential neighborhood along interstate highway route 93 next to Rhode Island avenue in the city of Somerville”.
The amendment was rejected.

Messrs. Havern and Knapik moved to amend the bill in section 2, in item 6010-0001, by striking out the figure “$24,049,112” and inserting in place thereof the following figure:— “$27,517,881”.
The amendment was rejected.

Mr. Shannon moved to amend the bill in section 2, in item 6010-0001, by adding the following words:— ; and provided further, that $100,000 in matching funds shall be expended for the design of the Somerville community bike path in the city of Somerville”.
The amendment was rejected.

Messrs. Moore, Brewer, Hedlund and Knapik, Ms. Creem and Ms. Fargo moved to amend the bill in section 2, in item 7000-9101, by striking out the figure “1,036,322” and inserting in place thereof the following figure:— “1,180,527”.
The amendment was rejected.

Mr. Lees moved to amend the bill in section 2, in item 7000-9401, by adding the following words:— “; and provided further, that notwithstanding said section 19C of said chapter 78 or any other general or special law to the contrary, the Springfield Public Library shall be designated a library of last recourse under said section 19C of said chapter 78 and, as a library of last recourse for reference and research services in western Massachusetts, shall be entitled to receive funds based on the number of residents in the counties of Hampden, Hampshire, Berkshire and Franklin”.
The amendment was rejected.

Mr. Tolman and Ms. Fargo moved to amend the bill in section 2, in item 7000-9406, by striking out the figure “$1,628,550” and inserting in place thereof the following figure:— “$2,130,000”.
The amendment was rejected.

Ms. Tucker moved to amend the bill in section 2, in item 7000-9506, by striking out the figure “$3,729,188” and inserting in place thereof the following figure:— “$3,838,471”.
The amendment was rejected.

Mr. Hart moved to amend the bill in section 2, in item 7002-0101, by striking out the figure “$319,589” and inserting in place thereof the following figure:— “$512,000”.
The amendment was rejected.

Mr. Tolman and Ms. Fargo moved to amend the bill in section 2, in item 7002-0600 by striking out the figure “$934,448” and inserting in place thereof the following figure:— “$1,072,111”.
The amendment was rejected.

Ms. Chandler moved to amend the bill in section 2, in item 7002-0700, by striking out the figure “$435,358” and inserting in place thereof the following figure:— “$519,713”.
The amendment was rejected.

Mr. Travaglini moved to amend the bill in section 2, in item 7002-0800 by striking out the figure “$629,329” and inserting in place thereof the following figure:— “$717,387”.
The amendment was rejected.

Mr. Morrissey moved to amend the bill in section 2, in item 7002-0800, by striking out the figure “$629,329” and inserting in place thereof the following figure:— “$717,389”.
The amendment was rejected.

Mr. Rosenberg moved to amend the bill in section 2, in item 7003-0400, by striking out the figure “$350,836” and inserting in place thereof the following figure:— “$750,000”; and by inserting after that figure the following words:—

“Job Opportunity Business Services Fund 100.0% .”

The amendment was rejected.

Mr. Hart moved to amend the bill in section 2, in item 7003-0601, by striking out the figure “$1,000,000” and inserting in place thereof the following figure:— “$3,050,000”; and by inserting after item 7003-0803 the following item:

“7003-0901 For a summer jobs youth at risk program; provided, that the commonwealth corporation shall submit a report to the house and senate committees on ways and means on or before October 1, 2002 that shall include a list of all contractors and subcontractors administering the program, the amount allocated for fiscal year 2003 per contract, the year-to-date amount expended for fiscal year 2003 per contract, the number of youth served per contract, the hourly per youth wage per contract, the amount of matching funds leveraged per contract, and the source of matching funds; provided further, that administrative costs shall not exceed 10 per cent of amounts awarded from this item; and provided further, that no funds appropriated herein shall be expended or disbursed prior to the receipt of equal matching funds from private sources to any entity or municipality eligible for or requesting funds from this item, prior appropriation continued 825,000.”
The amendment was rejected.

Mr. Antonioni moved to amend the bill in section 2, in item 7003-0700, by adding the following words:— “; provided further, that not less than $3,000,000 shall be expended for the operation of career development programs, including, but not limited to the Building Essential Skills through Training (BEST) Initiative; and by striking out the figure “$818,000” and inserting in place thereof the following figure:—

“3,818,000

General Fund 21.42%

Workforce Training Fund 78.58%.”.

The amendment was rejected.

Mr. Rosenberg moved to amend the bill in section 2, in item 7003-0700, by inserting below the figure “$818,000” the following words:—

General Fund 50.00%

Job Opportunity Business Services Fund 50.00%. ”

The amendment was rejected.

Mr. Antonioni moved to amend the bill in section 2, in item 7003-0700, by adding the following words:— “; provided further, that $100,000 shall be expended for the Twin Cities Community Development Corporation’s Central Massachusetts entrepreneurial business start-up training program”; and by striking out the figure “$818,000” and inserting in place thereof the following figure:— “$918,000”.
The amendment was rejected.

Mr. Moore moved to amend the bill in section 2, in item 7003-0701, by adding the following words:— “; and provided further, that not less than $75,000 shall be provided as a grant to a nonprofit transportation provider to continue the Southbridge to Worcester express bus transporting low-income residents to employment or education opportunities”.
The amendment was rejected.

Mr. Rosenberg moved to amend the bill in section 2, in item 7003-0803, by striking out the figure “$3,562,500” and inserting in place thereof the following figure:— “$3,750,000”; and by adding the following words:—

General Fund 50.00%

Job Opportunity Business Services Fund 50.00% .”

The amendment was rejected.

Mr. Hart moved to amend the bill in section 2, in item 7003-1000, by adding the following words:— “; and provided further, that not more than $75,000 shall be expended for the JVS Neighborhood Business Builders as the supplemental match to conduct an entrepreneurial training program for income eligible residents”.
The amendment was rejected.

Mr. Hart moved to amend the bill in section 2, in item 7003-1000, by adding the following words:— “ ; and provided further, that $92,000 shall be expended for a workforce development coordinator at a union chosen by the department”.
The amendment was rejected.

Mr. Nuciforo moved to amend the bill in section 2, in item 7003-1000 by striking out the figure “$70,000” and inserting in place thereof the following figure:— “$95,000”; and by striking out the figure “$1,395,000” and inserting in place thereof the following figure:— “$1,795,000”.
The amendment was rejected.

Mr. Rosenberg moved to amend the bill in section 2, in item 7003-1000, by inserting after the words “for the youth councils;” the following words:— “provided further, that not less than $75,000 shall be expended for the western Massachusetts enterprise fund microenterprise program as the supplemental match to conduct an entrepreneurial training program to income eligible residents;”; by adding the following words:— “; provided further, that not less than $150,000 shall be provided to the Massachusetts regional employment board association, known also as the Massachusetts Workforce Board Association, to support the activities of the business, labor, education, youth councils and community members in leading regional workforce development systems;”; by striking out the words “shall receive not more than $70,000” and inserting in place thereof the following words:— “shall receive not less than $95,000”; by striking out the figure “$1,395,000” and inserting in place thereof the following figure:— “$2,020,000”; and by inserting after that figure the following words:—

General Fund 50.00%

Job Opportunity Business Services Fund 50.00% .”

The amendment was rejected.

Mr. Panagiotakos moved to amend the bill in section 2, in item 4403-2119, by striking out the figure “$7,220,543” and inserting in place thereof the following figure:— “$6,220,543”; and by inserting after item 7004-0099 the following item:

“7004-2010 For a residential program for pregnant teens and their children; provided, that not less than $400,000 shall be expended for Brigid’s Crossing in the city of Lowell 1,000,000.”
The amendment was rejected.

Mr. Hart moved to amend the bill in section 2, in item 7004-2027, by adding the following words:— “; and provided further, that not less than $250,000 shall be expended for a Vietnamese American community center at the Vietnamese American Initiative for Development, Inc., Viet aid, in the Dorchester section of the city of Boston,”.
The amendment was rejected.

Ms. Fargo, Mr. Hart and Ms. Tucker moved to amend the bill in section 2, in item 7004-2027, by striking out the figure “$1,907,730” and inserting in place thereof the following figure:— “$2,600,000”.
The amendment was rejected.

Mr. Knapik moved to amend the bill in section 2, in item 7006-0020, by striking out the figure “$9,084,237” and inserting in place thereof the following figure “$10,084,237”.
The amendment was rejected.

Mr. Lees moved to amend the bill in section 2, in item 7006-0080, by striking out the figure “$592,756” and inserting in place thereof the following figure: — “$618,443”.
The amendment was rejected.

Mr. Morrissey moved to amend the bill in section 2, by inserting after item 7006-0110 the following item:

“7006-1000 For the operation of the division of energy resources 750,000.”
The amendment was rejected.

Mr. Nuciforo moved to amend the bill in section 2, in item 7007-0400, by inserting after the words “Merrimack Valley economic development council” the following words:— “; provided further, that $100,000 shall be expended for the Community-Based Employment Services”; and by striking out the figure “$1,485,000” and inserting in place thereof the following figure:— “$1,585,000”.
The amendment was rejected.

Mr. Knapik moved to amend the bill in section 2, in item 7007-0400, by inserting after the word “Worcester”, in line 28, the following words:— “; provided further, that not less than $60,000 shall be expended for the Reunion Center in Easthampton”.
The amendment was rejected.

Mr. Hart moved to amend the bill in section 2, in item 7007-0400, by inserting after the words “Center for Women and Enterprise;” the following words:— “; and provided further, that not less than $525,000 shall be expended for minority economic and community development public and non-profit grants to community-based organizations for implementation within minority communities;”; and by striking out the figure “$1,485,000” and inserting in place thereof the following figure:— “$2,000,000”.
The amendment was rejected.

Messrs. Tisei and McGee moved to amend the bill in section 2, in item 7007-0400, by striking out the figure “$1,485,000” and inserting in place thereof the following figure:— “$1,515,000”; and by inserting after the word “Worcester”, in line 34, the following:— “; provided further, that $30,000 shall be expended for the Lynnfield Senior Center”.
The amendment was rejected.

Mr. O’Leary moved to amend the bill in section 2, in item 7007-0400, by inserting after the word “commonwealth;”, in line 45, the following words:— “provided further, that not less than $50,000 shall be expended for the Cape Cod Technology Council, Inc.;”.
The amendment was rejected.

Mr. Lees moved to amend the bill in section 2, in item 7007-0400, by adding the following words:— “; and provided further, that not less than $100,000 shall be expended as a grant to the Springfield Area Council For Excellence for outreach to Pioneer Valley businesses”; and by striking out the figure “$1,485,000” and inserting in place thereof the following figure:— “$1,585,000”.
The amendment was rejected.

Messrs. Lees and Knapik moved to amend the bill in section 2, in item 7007-0950, by adding the following words:— “; and provided further, that the office of travel and tourism shall assume all operation and administrative functions of the Tourist Information Center in the city of Springfield”.
The amendment was rejected.

Mr. Nuciforo moved to amend the bill in section 2, in item 7007-0950, by adding the following words:— “; and provided further, that not less than $200,000 shall be expended as grants for the Bay State Games”.
The amendment was rejected.

Mr. McGee moved to amend the bill in section 2, in item 7007-0950, by adding the following words:— “provided further, that $50,000 shall be expended for the Community Minority Cultural Center in the city of Lynn”.
The amendment was rejected.

Mr. Hart moved to amend the bill in section 2, in item 7007-0950, by adding the following words:— “and provided further, that a matching grant of not less than $250,000 shall be expended for repairs, including water damage, to the Strand Theater in the city of Boston,”.
The amendment was rejected.

Mr. McGee moved to amend the bill in section 2, in item 7007-0950, by adding the following words:— “; and provided further, that $25,000 shall be expended for the restoration of Saugus town hall”.
The amendment was rejected.

Ms. Resor, Ms. Murray and Ms. Menard moved to amend the bill in section 2, in item 7007-1200, by striking out the figure “$847,000” and inserting in place thereof the following figure:— “$847,892”.
The amendment was rejected.

Ms. Wilkerson moved to amend the bill in section 2, in item 7007-1500, by striking out the words “provided further, that said office shall, using all existing available resources, provide certification services within each of the one-stop regional assistance centers of the Massachusetts office of business development” and inserting in place thereof the following words:— “provided further, that the office shall have, in addition to the existing staff, an EDP II analyst to oversee and maintain the electronic application; provided further, that the office shall have, in addition to the existing staff, a general counsel to handle all legal matters pertaining to the office, including but not limited to, the electronic application process”.
The amendment was rejected.

Messrs. Lees, Tisei, Tarr, Hedlund and Knapik and Mrs. Sprague moved to amend the bill in section 2, in item 7010-0005, by adding the following words:— “; provided further, that the commissioner of education, in consultation with the chairman of the board of education, shall establish a blue ribbon commission to study education funding in the commonwealth, and specifically to advise the general court with respect to the equitable application of the current education funding formula or any proposed changes thereto; provided further, that the commission may be called upon by the commissioner or any member of the general court to review any proposed change to education funding that would impact or relates to any element of public education in the commonwealth, including, but not limited to, the Massachusetts comprehensive assessment system, special education, vocational technical education, and changes in school enrollment levels; provided further, that the commissioner shall be chaired by the commissioner and the chairman of the board of education, and shall consist of 9 members appointed by the chairmen, including 1 school superintendent, 1 school principal, and 1 school teacher each from different communities with a population of less than 50,000; 1 school superintendent, 1 school principal, and 1 school teacher each from different communities with a population of greater than 50,000; and 3 members of the public with no governmental or advocacy group affiliation who are parents or guardians to a public school student or are members of a parent teacher association;”.
The amendment was rejected.

Mr. Nuciforo moved to amend the bill in section 2, in item 7030-1004, by striking out the figure “$2,500,000” and inserting in place thereof the following figure:— “$2,995,000”.
The amendment was rejected.

Messrs. Creedon, McGee, Tolman and Nuciforo, Ms. Creem, Mr. Baddour, Ms. Resor and Messrs. Shannon and Hart moved to amend the bill in section 2, in item 7035-0002, by striking out the figure “$28,107,237” and inserting in place thereof the following figure:— “$29,586,565”.
The amendment was rejected.

Mr. Travaglini moved to amend the bill in section 2, in item 7035-0003, by striking out the figure “$100,000” and inserting in place thereof the following figure:— “$139,590”.
The amendment was rejected.

Mr. O’Leary moved to amend the bill in section 2, in item 7061-0008, by inserting after the word “program;”, in line 12, the following words:— “provided further, that for those communities that are at or below the bottom thirty-third percentile for median household income and are currently allocated funding in section 3 at an amount equal to or less than 25 per cent of that community’s required net school spending, additional funds shall be allocated to bring the Chapter 70 contribution in those qualifying communities to a minimum of 25 per cent of their required net school spending; provided further, that said criteria shall be applied in each subsequent fiscal year, and additional Chapter 70 aid shall be allocated as appropriate;”.
The amendment was rejected.

Messrs. Tolman, McGee and Tarr moved to amend the bill in section 2, by striking out item 7061-0012, and inserting in place thereof the following item:

“7061-0012 For the reimbursement of extraordinary special education costs pursuant to section 5A of chapter 71B of the General Laws; provided, that notwithstanding said section 5A or any other general or special law or rule or regulation to the contrary, the reimbursement rate for students who have no parent or guardian living in the commonwealth, shall be 100 per cent of all approved instructional costs that exceed 4 times the state average per pupil foundation budget; provided further, that not more than $8,750,000 shall be used to continue and expand voluntary residential placement prevention programs between the department of education and other departments within the executive office of health and human services that develop community-based support services for children and their families; provided further, that of this $8,750,000, not less than $7,500,000 shall be made available to the department of mental retardation for the voluntary residential placement prevention program administered by that department; provided further, that the amount expended for a particular student shall not exceed the amount of tuition funds allocated for the student at the time of transition into such community-based support services; provided further, that funding provided in this item may reimburse private schools for prior fiscal year’s tuition; and provided further, that not more than $500,000 shall be expended by the department of education to administer this account 127,000,000

Local Aid Fund 100.0% .”

The amendment was rejected.

Mr. Antonioni moved to amend the bill in section 2, in item 7061-0012, by adding the following words:— “; provided further, that the department shall continue a program of onsite visits at least once every 3 years to monitor school district special education programs and approved private day and residential schools focused on compliance with chapter 71B of the General Laws and state education reform requirements and objectives; provided further, that funds shall be expended for technical assistance to school districts by not less than 5 regionally assigned department personnel; provided further, that at least 1 each shall be assigned to west, central, northeast, southeast and the metropolitan Boston areas; and provided further, that such technical assistance may include, but shall not be limited to, statewide and regional training on effective pre-referral strategies, inclusive teaching strategies, dissemination of best practices, for training in data collection and for monitoring and evaluating the implementation of curriculum accommodation plans pursuant to section 38Q1/2 of chapter 71 of the General Laws”.
The amendment was rejected.

Mr. Shannon moved to amend the bill in section 2, in item 7061-9404, by adding the following words:— “; and provided further, that $750,000 shall be expended for the Massachusetts Alliance of Boys and Girls Clubs’ after-school tutorial program known as Project Learn”.
The amendment was rejected.

Mr. Tolman moved to amend the bill in section 2, in item 7061-9404, by inserting after the words “at the school or district;”, in line 39, the following words:— “provided further, that not less than $225,000 shall be expended to extend the model of the Gardner Extended Services School to all schools in Cluster 5 of the Boston public school system;”.
The amendment was rejected.

Mr. Hart moved to amend the bill in section 2, in item 7061-9611, by adding the following words:— “; provided further, that not less than $400,000 shall be expended for the Grover Cleveland middle school in the Dorchester section of the city of Boston to establish a comprehensive violence prevention and academic support program with a particular focus on at-risk middle-school female students”.
The amendment was rejected.

Mr. Lees moved to amend the bill in section 2, in item 7061-9634, by striking out, in lines 9 and 10, the words “; provided further, that said matching amount shall be from a source other than state funds”.
The amendment was rejected.

Mr. Moore moved to amend the bill in section 2, in item 7066-0000, by adding the following words:— “provided further, that $50,000 shall be made available for a study from performance improvement grant funds appropriated to the board of higher education; to assess the feasibility of establishing a Vanguard College demonstration project at an independent, licensed and accredited Massachusetts institution of higher education; provided further, that the demonstration project shall serve as a model for future collaboration between public and private higher educational institutions; and provided further, that the goals of the project shall be to effectuate nonduplication of program effort, economies of scale and efficiences in campus operations and to leverage excess capacity in order to contain costs and increase access to higher learning opportunities in the commonwealth”.
The amendment was rejected.

Mr. Knapik moved to amend the bill in section 2, in item 7066-0015, by adding the following words:— “; and provided further, that $600,000 shall be transferred to this item from the Workforce Training Trust Fund”; and by striking out the figure “$900,000” and inserting in place thereof the following figure:— “$1,500,000”.
The amendment was rejected.

Mr. Moore moved to amend the bill in section 2, in item 7077-0023, by striking out the figure “$4,792,500” and inserting in place thereof the following figure:— “$5,325,000”.
The amendment was rejected.

Mr. Glodis moved to amend the bill in section 2, in item 7077-0023, by striking out the figure “$4,792,500” and inserting in place thereof the following figure:— “$5,325,500”.
The amendment was rejected.

Mr. Antonioni moved to amend the bill in section 2, by striking out item 7100-0200 and inserting in place thereof the following item:

“7100-0200 For the commonwealth’s share of the expenses of the University of Massachusetts provided, that the amount herein appropriated shall not be subject to the provisions of chapter 29 of the General Laws; provided further, that the comptroller of the commonwealth shall pay the amount appropriated herein to the trustees of the University of Massachusetts not later than the fifteenth of July of the current year; provided further, that notwithstanding any general or special law to the contrary, the university may establish and organize auxiliary organizations, subject to policies, rules and regulations enacted by the board, to provide essential functions which are integral to the educational mission of the university; and provided further, that notwithstanding any general or special law to the contrary, the university may enter into leases of real property without prior approval of the division of capital asset management and maintenance 460,599,228.”
The amendment was rejected.

Mr. Antonioni moved to amend the bill in section 2, by inserting after item 7100-0300 the following item:

“7100-0445 For matching funds for the University of Massachusetts for the purpose of providing an endowment program for chairs of the various departments within the university; provided, that private donations contributed for the purposes of this program shall not result in direct or indirect reductions in the commonwealth’s appropriation for the university; and provided further, that the amount appropriated herein may fund matching grants paid to the university in an amount not to exceed $1 for every $2 privately contributed or contractually pledged to the university’s board of trustees 2,000,000.”
The amendment was rejected.

Messrs. Lees and Knapik moved to amend the bill in section 2, in item 7514-0102, by striking out the figure “$535,206” and inserting in place thereof the following figure:— “$1,070,411”.
The amendment was rejected.

Mr. Glodis moved to amend the bill in section 2, in item 8000-0000 by striking out the figure “$1,460,266” and inserting in place thereof the following figure:— “$1,523,454”.
The amendment was rejected.

Mr. Travaglini moved to amend the bill in section 2, in item 8000-0010, by adding the following words:— “; and provided further, that not less than $72,000 shall be provided for community policing in the city of Revere in addition to the amount awarded to the city in fiscal year 2001”.
The amendment was rejected.

Mr. Tarr moved to amend the bill in section 2, in item 8000-0010, by inserting after the word “Boston”, in line 75, the following word:— “Boxford”; by inserting after the word “Longmeadow”, in line 77, the following word:— “Essex”; by inserting, in line 78, after the word “Georgetown” the following word:— “Gloucester”; by inserting after the word “Greenfield”, in line 78, the following words:— “Groveland, Hamilton”; by inserting after the word “Lynn”, in line 80, the following words:— “Manchester-by-the-Sea”; by inserting after the word “Methuen”, in line 81, the following word:— “Middleton”; by inserting after the word “Rockland", in line 85, the following word:— “Rockport”; by inserting after the word “Wellfleet”, in line 86, the following word:— “Wenham”; and by inserting after the word “Watertown”, in line 87, the following words:— “West Newbury, Wilmington”.
The amendment was rejected.

Mr. Sprague moved to amend the bill in section 2, by striking out item 8000-0010 and inserting in place thereof the following item:

“8000-0010 For community policing grants to be administered by the executive office of public safety; provided, that any community receiving earmarked funds in fiscal year 2002 shall receive 90% of that amount in fiscal year 2003; provided further, that $5,000,000 shall be provided for competitive grants; provided further that any community that was approved for a competitive grant in fiscal year 2002 and did not receive any funding shall take first priority in receiving consideration for competitive grants in fiscal year 2003; provided further, that before the awarding of any grants in fiscal year 2004 the joint committee on public safety and the house committee on post audit and oversight shall conduct an investigation and study into the distribution process for community policing grants; provided further, that the executive office of public safety, local police chiefs and police commissioners, and representatives from the appropriate police unions and police associations are consulted as part of said investigation and study; provided further, that the joint committee on public safety and the house committee on post audit and oversight issue a report with recommendations on an equitable distribution process by January 1, 2003; provided further, that the process for the awarding of community policing grants in fiscal year 2004 shall take into consideration these recommendations; provided further, that grant funds shall only be expended on items that are related to community policing activities, programs, purchases or construction; provided further, that grant funds shall not be expended on food and beverages, recruit training academy tuition, salaries and benefits for non-community policing personnel and payments for non-related overtime; provided further, that no such grants shall be awarded to the state police; and provided further, than not later than February 1, 2003 the executive office of public safety shall submit a report to the house and senate committees on ways and means detailing the amount of grants awarded to these grant recipients and descriptions of these grants 20,235,596.”
The amendment was rejected.

Ms. Resor moved to amend the bill in section 2, in item 8000-0010, by inserting after the words “the town of Rowley in addition to the amount awarded to said town in fiscal year 2001” the following words:— “; provided further, that $20,000 shall be awarded to the town of Littleton in addition to the amount awarded to said town in fiscal year 2001”.
The amendment was rejected.

Mr. Brewer moved to amend the bill in section 2, in item 8000-0110, by striking out the figure “$6,322,272” and inserting in place thereof the following figure:—”$6,462,832”.
The amendment was rejected.

Mr. Baddour moved to amend the bill in section 2, in item 8000-0125, by striking out the figure “$3,797,740” and inserting in place thereof the following figure:— “$3,973,413”.
The amendment was rejected.

Mr. Brewer moved to amend the bill in section 2, in item 8100-0007, by striking out the figure “$11,060,782” and inserting in place thereof the following figure:— “$11,700,281”.
The amendment was rejected.

Mr. Glodis moved to amend the bill in section 2, in item 8100-0007, by striking out the figure “$11,060,782” and inserting in place thereof the following figure “$11,700,281”.
The amendment was rejected.

Mr. Hedlund moved to amend the bill in section 2, by inserting after item 8100-0020 the following item:

“8100-0301 For the payroll costs of the state police directed patrols; provided, that not less than $280,000 shall be expended for the costs of increased patrols during the months of June to September, inclusive, for Nantasket Beach in the town of Hull; provided further, that not less than $31,000 shall be expended for the purpose of assigning 1 state trooper to Fort Revere in the town of Hull during the hours of peak nefarious activity of the summer months 3,110,000.”
The amendment was rejected.

Mr. Shannon moved to amend the bill in section 2, by inserting after item 8100-0020 the following item:

“8100-0301 For the operation of a program for the Medford State Police barracks entitled Zero Tolerance and Fire Risk Prevention to increase patrols and public safety using bicycles and other policing means within the Middlesex Fells and Mystic river reservation district; provided, that the station commander may use any special operations units necessary to further the public safety goals of the district; and provided further, that this money shall not be used by the special operations marine unit of the state police unless specifically authorized by the station commander who will denote the hours of need to coincide with the Zero Tolerance Program 365,000.”
The amendment was rejected.

Mr. Creedon moved to amend the bill in section 2, by inserting after item 8100-0020 the following item:

“8100-0301 For the costs associated with providing state police patrols 3 nights per week in the city of Brockton, south between Montello Street and Warren Avenue and north to Battle Street between Montello Street and Warren Avenue, or at other locations, and such patrols shall be assigned between the hours of 8:00 p.m. and 4:00 a.m. beginning July 1, 2002 for a period of 18 weeks, as deemed necessary 45,360.”
The amendment was rejected.

Mr. Brewer moved to amend the bill in section 2, in item 8200-0200, by striking out the figure “$2,703,086” and inserting in place thereof the following figure:— “$2,793,087”.
The amendment was rejected.

Ms. Menard and Messrs. O’Leary, Tarr, Glodis, Nuciforo and Creedon moved to amend the bill in section 2, in item 8200-0200, by striking out, in line 4, the word “more” and inserting in place thereof the following word:— “less”.
The amendment was rejected.

Ms. Resor moved to amend the bill in section 2, in item 8400-0001, by inserting after the words “through April 24, 1998;” the following words:— “provided further that during fiscal year 2003 the registry of motor vehicles shall continue to operate and shall not transfer the commercial branch from its current location in the city of Marlborough; provided further, the registry shall work in conjunction with the capital asset management and maintenance division to explore with the city of Marlborough alternate locations to house the commercial branch and other registry services within the city of Marlborough”.
The amendment was rejected.

Mr. Glodis moved to amend the bill in section 2, in item 8900-0001, by adding the following words:— “; provided further, that not less than $9,800,000 shall be expended for collectively bargained salary increases for Unit 4 employees; and provided further, that the number of Unit 4 positions funded from this item in fiscal year 2003 shall be not less than the number funded from this item in fiscal year 2002”; and by striking out the figure “$417,014,915” and inserting in place thereof the following figures:— “$426,814,915”.
The amendment was rejected.

Mr. Glodis moved to amend the bill in section 2, in item 8900-0001, by striking out, in lines 24 to 26, inclusive, the words “that the department may provide local relief funding to the cities and towns hosting facilities” and inserting in place thereof the following words:— “that the department shall provide local relief funding to the cities and towns hosting facilities”; and by striking out the figure “$417,014,915” and inserting in place thereof the following figure:— “$424,299,058”.
The amendment was rejected.

Mr. Antonioni moved to amend the bill in section 2, in item 8900-0001, by striking out the words “that the department may provide local relief funding to the cities and towns hosting facilities;” and inserting in place thereof the following words:— “that the department shall provide local relief funding to the cities and towns hosting facilities;”; and by striking out the figure “$417,014,915” and inserting in place thereof the following figure:— “$424,299,058”.
The amendment was rejected.

Ms. Resor moved to amend the bill in section 2, in item 8900-0001, by inserting after the word “facilities”, in line 26, the following words:— “; provided further, that the department shall expend not less than $172,000 for local relief funding to the town of Shirley”.
The amendment was rejected.

Mr. Moore moved to amend the bill in section 2, in item 8900-0001, by striking out the figure “$417,014,915” and inserting in place thereof the following figure:— “$424,299,058”.
The amendment was rejected.

Ms. Murray moved to amend the bill in section 2, by striking out item 8910-0000 and inserting in place thereof the following item:

“8910-0000 For a reserve to fund county correctional programs; provided, that amounts allocated in this item shall be contingent upon the transfer of funds appropriated in item 1599-7092; provided further, that $180,000 shall be expended for Project Coach; provided further, that not less than $7,633,849 shall be made available to Barnstable county; provided further, that not less than $25,626,735 shall be made available to Bristol county; provided further, that not less than $1,312,656 shall be made available to Dukes county; provided further, that not less than $59,714 shall be made available to Nantucket county; provided further, that not less than $15,450,251 shall be made available to Norfolk county; provided further, that not less than $28,692,209 shall be made available to Plymouth county and expended for operating and debt service costs associated with state inmates housed in the Plymouth county facility, pursuant to clauses 3 and 4 of the Memorandum of Agreement signed May 14, 1992; provided further, that not less than $10,241,881.32 shall be approved by the County Government Finance Review Board from a combination of the aforementioned amount made available to Plymouth county, reimbursements for federal inmates, deeds excise, and other revenue sources, said amount to be made available to Plymouth county for purposes of paying debt service for the Plymouth County Correctional Facility Project; provided further, that not less than $75,600,175 shall be made available to Suffolk county; provided further, that the balance of funds appropriated in this item shall be distributed among the counties by the county government finance review board upon prior notification to the house and senate committees on ways and means; provided further, that Suffolk county may receive additional funding from the balance for county correction maintenance and operation expenses; provided further, that funds distributed from this item shall be paid to the treasurer of each county who shall place such funds in a separate account within the treasury of each such county; provided further, that the treasurer shall authorize temporary transfers into this account for operation and maintenance of jails and houses of correction in advance of receipt of the amount distributed by the commonwealth under this item; provided further, that upon receipt of the state distribution, the treasurer may transfer out of such account an amount equal to the funds so advanced; provided further, that all funds deposited in such accounts and any interest accruing thereto shall be used solely for the functions of the sheriffs’ departments of the various counties including, but not limited to, maintenance and operation of jails and houses of correction, without further appropriation; provided further, that the sheriff’s department of each county shall reimburse the county treasurer of each county for personnel-related expenses, with the exception of salaries, attributable to the operations of the sheriff’s department of each county heretofore paid by the county including, but not limited to, the cost of employee benefits; provided further, that the spending plans required by this item shall be developed by the county government finance review board, in consultation with the Massachusetts Sheriffs’ Association; provided further, that in accordance with section 247 of chapter 38 of the acts of 1995, all spending plans shall be detailed by subsidiary and object code in accordance with the expenditure classification requirements promulgated by the comptroller; provided further, that such spending plans shall be accompanied by a delineation of all personnel employed by each county correctional facility including, but not limited to, position, title, classification, rank, grade, salary and full-time or part-time status; provided further, that such spending plans shall be accompanied by a delineation of all vehicles leased, owned or operated by each county sheriff; provided further, that such delineation shall include vehicle make and model year, mileage, condition, date purchased or leased and vehicle primary use; provided further, that no sheriff shall purchase any new vehicles or major equipment in fiscal year 2003 unless such purchase is made pursuant to a multi-county or regionalized collaborative procurement arrangement or unless such purchase is directly related to significant population increase or is otherwise necessary to address an immediate and unanticipated public safety crisis and is approved by the county government finance review board and the executive office of public safety; provided further, that notwithstanding the provisions contained in this item, sheriffs may purchase 'marked' prisoner transportation vans upon notification to the county government finance review board; provided further, that notwithstanding any special law to the contrary, no county treasurer shall retain revenues derived by the sheriffs from commissions on telephone service provided to inmates or detainees; provided further, that said revenues shall be retained by the sheriffs not subject to further appropriation for use in a canteen fund; provided further, that the county government finance review board and the executive office of public safety shall identify and develop county correction expenditures which shall be reduced through shared contracts, regionalized services, bulk purchasing and other centralized procurement savings programs; provided further, that documentation of such expenditures and savings shall be submitted to the house and senate committees on ways and means not later than December 30, 2002 and shall make provision for such system of shared contracts, regionalized services, bulk purchasing and other centralized procurement savings to take effect not later than June 30, 2003; provided further, that the daily count sheet for county facilities compiled by the executive office of public safety, shall be filed with the Massachusetts Sheriffs’ Association not less than monthly; provided further, that all revenues including, but not limited to, revenue received from housing federal prisoners, United States Marshals, canteen revenues, inmate industries and work-crew revenues shall be tracked and reported quarterly to the house and senate committees on ways and means and the Massachusetts Sheriffs’ Association; provided further, that on or before August 15, 2002, each county sheriff shall submit a final spending plan for fiscal year 2003 to the county government finance review board and the house and senate committees on ways and means detailing the level of resources deemed necessary for the operation of each county correctional facility and the expenditures which shall be reduced to remain within the appropriation; provided further, that failure by a county sheriff to comply with any provision of this item shall result in a reduction of subsequent quarterly payments to amounts consistent with a rate of expenditure of 95 per cent of the rate of expenditure for fiscal year 2002, as determined by the county government finance review board; provided further, that each sheriff shall submit to the executive office of public safety and the house and senate committees on ways and means copies of such spending plans not later than August 15, 2002; provided further, that on or before September 15, 2002, the county government finance review board shall have approved final fiscal year 2003 county correction budgets; provided further, that the county government finance review board shall provide the executive office of public safety and the house and senate committees on ways and means with copies of such approved budgets not later than October 15, 2002; provided further, that such budgets shall include distribution schedules for the final two quarters of fiscal year 2003 and such plans shall be used to make all subsequent quarterly distributions; provided further, that services shall be provided to the extent determined to be possible within the amount appropriated in this item and each sheriff shall make all necessary adjustments to ensure that expenditures do not exceed the appropriation; provided further, that each county shall expend during fiscal year 2003, for the operation of county jails and houses of correction and other statutorily authorized facilities and functions of the office of the sheriff, in addition to the amount distributed from this item, not less than 102.5 per cent of the amount expended in fiscal year 2002 for such purposes from own-source revenues, which shall not be less than 5 per cent of total county revenues including, but not limited to, amounts levied pursuant to sections 30 and 31 of chapter 35 of the General Laws and amounts provided pursuant to sections 11 to 13, inclusive, of chapter 64D of the General Laws; provided further, that in fiscal year 2003, those counties which have not met maintenance of effort obligations in prior fiscal years shall expend not less than the minimum contribution, as defined above from own-source revenues; provided further, that notwithstanding the provisions stated in this item, the maintenance of effort obligations for Suffolk county shall be 5 per cent of the total fiscal year 2003 Suffolk county correction operating budget as approved by the county government finance review board; provided further, that notwithstanding any general or special law to the contrary, the deputy commissioner of local services shall certify on or before May 15, 2003 that all municipalities have appropriated and transferred to their respective county treasuries, not less than 102.5 per cent of the municipality’s prior year obligations or minimum contributions as defined above, whichever is greater, for county corrections; provided further, that if a municipality fails to transfer such obligation, the deputy commissioner shall withhold an amount equal to the shortfall in the obligation due to the county from such municipality’s fourth quarter local aid ‘cherry sheet’ distribution authorized from account 0611-5500 of section 2 and from funds made available from the State Lottery Fund distribution in section 3; provided further, that on or before August 1, 2002, the deputy commissioner shall report all such withholdings to the house and senate committees on ways and means; provided further, that in fiscal year 2003, notwithstanding section 20A of chapter 59 of the General Laws, any county except Suffolk and Nantucket may increase its county tax for said fiscal year by an additional amount if the total amount of such additional county tax is approved by two-thirds of the cities and towns in the county, in towns by a majority vote of the town meeting or town council, and in cities by a majority vote of the city council or board of aldermen, with the approval of the mayor or manager; provided further, that any county which borrowed under section 6 of chapter 193 of the acts of 1989 on or before July 31, 1989 or which borrowed in fiscal year 1989 under section 36A of chapter 35 of the General Laws, may refund such debt for a term not to exceed seven years from the date of the original loan with payments on such refunding loan to be made in accordance with said chapter 35 and section 12 of chapter 64D of the General Laws, as may be applicable; provided further, that each sheriff shall continue to report all expenditures on the Massachusetts management accounting reporting system in accordance with the latest expenditure classification requirements promulgated by the comptroller pursuant to section 27 of chapter 29 of the General Laws; provided further, that each sheriff funded from this item shall report on a monthly basis to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than September 30, 2002 134,318,218

Local Aid Fund 100.0% .”

The amendment was rejected.

Mr. O’Leary moved to amend the bill in section 2, in item 8910-0000, by striking out the figure “$126,818,218” and inserting in place thereof the following figure:— “$139,336,304”.
The amendment was rejected.

Mr. Glodis and Ms. Chandler moved to amend the bill in section 2, in item 8910-0105, by striking out the figure “$36,840,932” and inserting in place thereof the following figure:— “$38,275,454”.
The amendment was rejected.

Ms. Chandler, Messrs. Glodis, Brewer and Antonioni and Ms. Resor moved to amend the bill in section 2, in item 8910-0105, by striking out the figure $36,840,932” and inserting in place thereof the following figure:— “$38,275,454”.
The amendment was rejected.

Mr. Nuciforo moved to amend the bill in section 2, in item 8910-0145, by striking out the figure “$11,450,390” and inserting in place thereof the following figure:— “$11,519,405”.
The amendment was rejected.

Mr. Glodis moved to amend the bill, in section 2, in item 8950-0001, by striking out the figure “$13,728,501” and inserting in place thereof the following figure:— “$14,465,442”.
The amendment was rejected.

Mr. Hart moved to amend the bill in section 2, in item 9110-1636, by adding the following words:— “and provided further, that not more than $600,000 shall be expended for Kit Clark Senior Services, a professionally staffed non-profit multi-service agency dedicated to enhancing the quality of life of older adults in the city of Boston”.
The amendment was rejected.

Mr. Hart moved to amend the bill in section 2, in item 9110-1660, by striking out, in line 3, the figure “$50,000” and inserting in place thereof the following figure:— $60,000”.

The amendment was rejected.

Ms. Tucker moved to amend the bill in section 2, in item 9110-1900, by striking out the figure “$4,457,158” and inserting in place thereof the following figure:— “$4,857,158”.
The amendment was rejected.

Mr. Hedlund moved to amend the bill in section 2, in item 9110-9002, in line 9, by adding the following words:— “; provided further, that not more than $100,000 shall be expended on the construction of a senior center for the town of Marshfield”.
The amendment was rejected.

Mr. Moore moved to amend the bill by striking out section 21.
The amendment was rejected.

Mr. Moore moved to amend the bill in section 22 by inserting after subdivision (P), the following 2 subdivisions:—

(P1/2) The comptroller, in consultation with the commissioner of public health and the commissioner of revenue, shall annually determine the estimated decline in sales of cigarettes due solely to the enactment of subdivision (L). From the revenues received pursuant to said subdivision (L), the comptroller shall credit to the Health Protection Fund established pursuant to section 2GG of chapter 29 of the General Laws an amount equal to the decline in revenues received pursuant to section 7C of chapter 64C of the General Laws due to the decline in the sales of cigarettes caused by the enactment of said subdivision (L) as so determined. Such amount shall be deducted from the amount credited to the Children’s and Seniors’ Health Care Assistance Fund pursuant to subsection C of said section 7C of said chapter 64C.

(P 3/4) Subdivision (P 1/2) shall take effect on July 1, 2003.”
The amendment was rejected.

Mr. Creedon moved to amend the bill in section 22 by striking subsection (S) and inserting in place thereof the following 2 subsections:—

“(S) Subsection (K) shall be effective with respect to capital gains on or after July 1, 2002.

(T) The remaining provision of this section shall be effective for tax years beginning on or after January 1, 2002.”
The amendment was rejected.

Ms. Creem and Mr. Tarr moved to amend the bill in section 22, by striking out subsection (F); and by inserting after subsection (S) of said section 22 the following 4 subsections:—

“(T) Paragraph (a) of Part B of section 3 of chapter 62 of the General Laws, as amended by section 1 of chapter 136 of the acts of 2001, is hereby further amended by striking out subparagraph (13).

(U) Said paragraph (a) of said Part B of said section 3 of said chapter 62, as so appearing, is hereby amended by inserting the following subparagraph:—

(13) An amount equal to the amount of the charitable contribution deduction allowed or allowable to the taxpayer under section 170 of the Code. All requirements, conditions and limitations applicable to charitable contributions under the Code shall apply for purposes of determining the amount of the deduction under this subparagraph, except that taxpayers shall not be required to itemize their deductions in their federal income tax returns.

(V) Subsection (T) shall apply to charitable contributions made on or after January 1, 2002.

(W) Subsection (U) shall apply to taxable years beginning on or after January 1, 2004.”
The amendment was rejected.

Mr. Hart moved to amend the bill by striking out section 26.
The amendment was rejected.

Mr. Glodis moved to amend the bill in section 34, by striking out the figure “$2” and inserting in place thereof the figure:— “$.50”.
The amendment was rejected.

Mr. Glodis moved to amend the bill in section 35, in subsection (b) of section 54 of chapter 118 E of the General Laws by adding the following sentence:— “Pharmacies may include the cost of the user fee in determining and setting reimbursement rates to be paid under private third party insurance and health maintenance contracts.”
The amendment was rejected.

Messrs. Nuciforo and Hedlund and Ms. Menard moved to amend the bill in section 35, in subsection (A), in proposed section 54 of chapter 118E of the General Laws, by striking out the definition of “pharmacy” and inserting in place thereof the following definition:— “'Pharmacy', any single dispensary licensed under chapter 111 and registered by the board of registration in pharmacy under chapter 112 under the direction or supervision of a registered pharmacist, which is authorized to dispense controlled substances, including but not limited to retail drug businesses as defined in section 1 of chapter 94C, but not including a retail drug business that is not part of a retail chain.”
The amendment was rejected.

Messrs. Creedon and Glodis and Ms. Melconian moved to amend bill in section 37, by adding the following subdivision:—

"(CC) Chapter 276 of the General Laws is hereby amended by inserting after section 87A the following section:—

87B. If a probationer is required to undergo drug or alcohol testing, then such probationer shall pay a fee of $5 to $30 per test depending upon his ability to pay as determined by the court.

If a probationer is placed on an electronic monitoring device, then such probationer shall pay $5 to $30 per day depending upon ability to pay as determined by the court.

The drug or alcohol fee shall be collected by the several probation offices of the trial court and transmitted to the state treasurer for deposit into the General Fund. The state treasurer shall account for all fees received and report them annually, itemized by court division, to the house and senate committees on ways and means.”
The amendment was rejected.

Mr. Creedon moved to amend the bill in section 37, in subsection (L), by striking out the figure “$140” and by inserting in place thereof the following figure:— “$200”; in subsection (N), by striking out the words “42, 55, both times it appears, and in line 59” and the words “in each instance”; by striking out subsections (O) and (P); and by striking out subsection (U)”.
The amendment was rejected.

Mr. Lees moved to amend the bill by striking out section 45.
The amendment was rejected.

Ms. Chandler and Mr. Tarr moved to amend the bill by striking out section 50.
The amendment was rejected.

Mr. Havern moved to amend the bill in section 64, by striking out subsection (d) and inserting in place thereof the following subsection:—

“(d) The division of medical assistance shall not implement any form of preferred drug list. The division shall explore alternative cost savings measures including, but not limited to, disease management, controls on fraud and abuse, and enhanced drug utilization review. The commissioner of the division shall submit a written report recommending cost savings measures to the joint committee on health care and the house and senate committees on ways and means by June 1, 2003.”
The amendment was rejected.

Mr. Tisei moved to amend the bill by striking out section 65 and inserting in place thereof the following section:—

“SECTION 65. (A) (a) The division of medical assistance shall seek a prescription drug discount program waiver from the United States Department of Health and Human Services under section 1115(a) of the Social Security Act. The prescription drug discount program shall provide eligible individuals with a financial subsidy for prescription drugs equal to the average rebate paid to the Medicaid program by pharmaceutical manufacturers. The extent of the financial subsidy shall be subject to the Division’s annual review and adjustment. Eligible individuals shall include Medicare-eligible individuals whose financial eligibility exceeds 188 per cent of federal poverty level and who do not have an insurance policy that covers drugs and other individuals whose financial eligibility does not exceed 300 per cent of the federal poverty level who do not have an insurance program that includes a prescription drug benefit.

(b) The division may establish, as part of the discount program, an annual enrollment fee. Subject to appropriation, the division shall make a payment of at least $1.00 toward the cost of each prescription drug purchase made under the terms of the program.

(c) In implementing the program, the division may contract with a nonprofit corporation or other entity to administer the program. Any such corporation or entity shall have expertise in retail prescription drug discount cards and demonstrated competence in providing services to low-income individuals. In selecting any such corporation or entity, the division shall give preference to a corporation or entity that agrees to assist individuals eligible for the program to access other free or discount prescription drug programs offered by private entities, including pharmaceutical manufacturers.

(d) The division shall report to the house and senate committees on ways and means and the joint committee on health care, not later than 60 days after the effective date of this act, on the division’s progress in implementing this section and shall report every 90 days thereafter on its progress in obtaining the waiver to those committees.

(B) The commissioner of the division of medical assistance, the secretary of the executive office of elder affairs, the secretary of the executive office of administration and finance and the commissioner of the group insurance commission shall take all steps necessary to enable the commonwealth to participate in joint prescription drug purchasing agreements with other states and other health benefit plans. Such steps shall include:

(1) consultation and cooperation with the Northeast Legislative Association on Prescription Drug Pricing;

(2) consultation and cooperation with the Pharmacy RFP Issuing States Initiative organized by the West Virginia public employees insurance agency; and

(3) the execution of any joint purchasing agreements or other contracts with any health benefit plan or organization within or outside the commonwealth that will lower the cost of prescription drugs for the commonwealth or its citizens while maintaining high quality in prescription drug therapies.

(C) (a) For the purpose of providing information to the general court about innovative approaches for making prescription drugs more affordable and accessible to citizens of the commonwealth, the senate president shall appoint 3 members of the senate to the Northeast Legislative Association on Prescription Drugs, including 1 member of the minority party agreed to by the minority leader of the senate, and the speaker of the house shall appoint 3 members of the house of representatives to the association, including 1 member of the minority party agreed to by the minority leader of the house of representatives. Members so appointed shall serve until new members are appointed.

(b) The members of the association shall report to the house and senate committees on ways and means and the joint committees on health care and insurance on or before January 1 of each year with a summary of the activities of the association and any findings and recommendations for making prescription drugs more affordable and accessible to citizens of the commonwealth.”.
The amendment was rejected.

Mr. Lees moved to amend the bill in section 69, by inserting after the first sentence the following sentence:— “There shall be a regional position within the division to be housed in the Springfield state office building, to work on issues and projects in Berkshire, Franklin, Hampden and Hampshire counties.”
The amendment was rejected.

Mr. Tisei moved to amend the bill in section 79, in subsection (a), by striking out the second sentence and inserting in place thereof the following sentence:— "The study commission shall consist of 1 representative of each of the following agencies or organizations: the division of medical assistance, the Massachusetts behavioral health partnership, the department of public health, the department of mental health, the national alliance for the mentally ill of Massachusetts, the mental health legal advisors committee, the parent/professional advocacy league, the Massachusetts chapter of the national association of social workers, and the Massachusetts People/Patients Organized for Wellness, Empowerment and Rights, known as M-POWER.”
The amendment was rejected.

Messrs. Tarr, Lees and Knapik, Mrs. Sprague and Mr. Hedlund moved to amend the bill in section 79, by adding, after the word “workers,” in line 8, the following words:— “, and the Massachusetts Hospital Association,”.
The amendment was rejected.

Messrs. Joyce, Knapik and Moore, Ms. Tucker, Ms. Fargo and Messrs. Tisei and Tolman moved to amend the bill by inserting after section 11, the following 2 sections:—

“SECTION 11A. Section 14 of chapter 19A of the General Laws, as so appearing, is hereby amended by striking out the definition of ‘abuse’ and inserting in place thereof the following definition:—

‘Abuse’, an act or omission which results in serious physical or emotional injury to an elderly person or financial exploitation of an elderly person; or the failure, inability or resistance of an elderly person to provide for himself one or more of the necessities essential for physical and emotional well-being without which the elderly person would be unable to safely remain in the community. No person shall be considered to be abused or neglected for the sole reason that such person is being furnished or relies upon treatment in accordance with the tenets and teachings of a church or religious denomination by a duly accredited practitioner thereof.

SECTION 11B. Section 15 of said chapter 19A, as so appearing, is hereby amended by inserting after the word ‘podiatrist’, in line 5, the following words:— executive director of a council on aging or.”
The amendment was rejected.

Mr. Travaglini moved to amend the bill by inserting after section 29 the following section:—

“SECTION 29A. Section 6 of chapter 93 of the General Laws, as so appearing, is hereby amended by adding the following sentence:— It shall be unlawful for a cigarette manufacturer or distributor to directly or indirectly require a retailer, as a condition to the receipt of consumer price discounts, promotions or otherwise, to allocate a percentage of the retailer’s available stocking, display, signage or advertising space exclusively for the sale or promotion of the manufacturer’s or distributor’s product.”
The amendment was rejected.

Mr. Glodis moved to amend the bill by inserting after section 29, the following section:—

“SECTION 29A. Chapter 94C of the General Laws is hereby amended by striking out section 37, as so appearing, and inserting in place thereof the following section:—

Section 37. Whoever steals a controlled substance from a registered manufacturer, wholesale druggist, pharmacy or other person authorized to dispense or possess any controlled substance shall be punished by imprisonment in the state prison for not less than 3 nor more than 10 years or in a jail or house of correction for not more than 2 1/2 years or by a fine of not less than $500 nor more than $5,000, or by both such fine and imprisonment.”
The amendment was rejected.

Mr. Glodis moved to amend the bill by inserting after section 4, the following section:—

“SECTION 4A. (A) Chapter 6A is hereby further amended by inserting after section 18H, inserted by section 6 of chapter 61 of the acts of 2002, the following section:—

Section 18I. (a) There shall be within the executive office of public safety a department of police services under the supervision and control of a municipal police commissioner, in this section called the commissioner.

(b) The commissioner shall be the executive and administrative head of the department. The commissioner shall coordinate the efforts of municipal police departments and shall act as the liaison between the secretary of public safety and local police chiefs and departments on matters of mutual interest. There shall be within the department a division of training, including the Massachusetts criminal justice training council established by section 116 of chapter 6, the Massachusetts police accreditation commission and a division of public safety under the charge of a director to be known as the commissioner of public safety as established by chapter 22.

(c) The commissioner shall be appointed by the municipal police commission, established in subsection (d), and shall serve at the pleasure of the commission. The position of commissioner shall be classified in accordance with section 46C of said chapter 30 and the commissioner shall devote his full time during business hours to the duties of his office. For retirement purposes, a person appointed commissioner who was previously a member of group IV shall be placed in that group.

(d)(1) There shall be in the executive office of public safety a municipal police commission, in this section called the commission, to consist of the secretary of public safety, the executive director of the Massachusetts Chiefs of Police Association, and 6 members to be appointed by the governor, 5 of whom shall be police chiefs selected from a list of 8 names submitted by the Massachusetts Chiefs of Police Association and 1 of whom shall be a police officer selected from a list of 2 names submitted by the Massachusetts Police Association.

(2) The 5 police chiefs selected from the names submitted by the Massachusetts Chiefs of Police Association shall represent the following:

(i) a city with over 100,000 inhabitants;

(ii) a city or town with between 50,000 and 100,000 inhabitants; and

(iii) 3 other cities or towns with a population under 50,000.

(3) The chairman of the commission shall be elected by a majority of the members thereof and shall serve as chairman for a term of 1 year or until his successor is elected. The chairman shall be elected annually at the January meeting.

(4) Members of the commission shall be appointed for terms of 3 years, with no limit on the number of terms they may serve. Members shall hold office until a successor is appointed and no member shall serve beyond the time he ceases to hold office or employment by reason of which he was eligible for appointment to the commission.

(5) The commission shall meet monthly except that the chairman, with commission approval, may omit meetings in July and August and the chairman, the governor, or the secretary of public safety may call additional meetings at other times, of which all members shall be given notice in writing at least 5 days before such meeting. Special meetings may be called by the chairman and shall be called by him at the request of the governor or upon the written request of 4 members of the commission. If any member is absent from 3 regularly scheduled meetings, exclusive of July and August, in any calendar year, his office as a member shall be deemed vacant. The chairman of the commission shall make an annual report to the governor and the secretary of public safety and shall include in it recommendations for appropriate legislation.

(6) The members of the commission shall serve without compensation, but shall be reimbursed for their official duties.

(7) No member of the commission shall serve as a member concurrently on the Massachusetts criminal justice training council established in section 116.

(8) The commission shall have responsibility for the following:

(i) the appointment of the commissioner;

(ii) the promulgation of regulations and policies pertaining to the operation of the commissioner;

(iii) the promulgation of sample policies for municipal police in such areas as communications, special occurrences including but not limited to terrorism, the incident command system and combination with the fire services and state police;

(iv) reviewing the annual budget developed by the office of the commissioner;

(v) advising the office of the commissioner regarding the preparation of sample municipal police policies and procedures;

(vi) consulting with the Massachusetts criminal justice training council to develop standards for criminal justice training and certification; and

(vii) applying for and administering grants from the federal government and other sources in the area of law enforcement; and

(B) Section 6A of chapter 280 of the General Laws, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:—

This cost assessment shall be accounted for by the clerk of the court and forwarded to the state treasurer, who shall deposit such assessment in the law enforcement and criminal justice training fund to be expended without further appropriation by the secretary of public safety for the operation of the Massachusetts criminal justice training council.”
The amendment was rejected.

Ms. Chandler moved to amend the bill by inserting after section 25 the following section:—

“SECTION 25A. (A) Section 8 of chapter 70B of the General Laws, as so appearing, is hereby amended by inserting after the word ‘districts.’, in line 27, the following paragraph:—

The board shall create a separate priority list for projects that have completed a project application after August 30, 2001. The board shall assign each project to a priority category and place each project on the list in order of priority category, pursuant to clauses 1 to 8, inclusive. Projects placed on the priority list shall not be re-ranked. The board shall provide funding for projects in the order of placement on the list first, by the year the board received the application, then by the application’s priority category.

(B) Section 13 of said chapter 70B, as so appearing, is hereby amended by striking out, in line 11, the word ‘five’ and inserting in place thereof the following figure:— 7.”
The amendment was rejected.

Mr. Tisei moved to amend the bill by inserting after section 30 the following section:

“SECTION 30A. Subsection (b) of section 3 of chapter 111C of the General Laws, as so appearing, is hereby amended by striking out clause (2) and inserting in place thereof the following clause:—

(2) establish minimum standards and criteria, where none exist, for all elements of the EMS system, taking into consideration relevant standards and criteria developed or adopted by nationally recognized agencies or organizations and relevant standards and criteria adopted by other states throughout the country, and the recommendations of interested parties that are part of the state’s EMS system, including, without limitation, the regional EMS councils. The following shall constitute the minimum standards for ambulances transporting patients by ground: ambulances rendering care at the Basic Life Support level shall be staffed with 2 EMTs, both of whom shall, at a minimum, be certified at the EMT-Basic level; ambulances rendering care at the Intermediate level of Advanced Life Support shall be staffed with a minimum of two EMTs, at least 1 of whom shall be certified at the EMT-Intermediate level or higher; ambulances rendering care at the Paramedic Level of Advanced Life Support shall be staffed with at least 2 EMTs, at least 1 of whom shall be certified at the EMT-Paramedic level;”.
The amendment was rejected.

Mr. Tolman moved to amend the bill by inserting after section 13 the following section:—

“SECTION 13A. (A) The third paragraph of subsection (a) of section 8 of chapter 23G of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding the following sentence:— Notwithstanding any provision of this paragraph to the contrary, the Agency may finance projects for institutions without meeting any of the requirements other than those contained in the first sentence.

(B) Clause (1) of section 1 of chapter 40D of the General Laws, as so appearing, is hereby amended by inserting after the fourth sentence the following 2 sentences:— A project undertaken by a nonprofit corporation authorized by law to provide facilities for educational, cultural or social services, including provision of working capital, or a project undertaken by a governmental entity for governmental purposes shall constitute an industrial enterprise but shall not constitute a commercial enterprise. Additionally, projects located within the boundaries of an empowerment zone as it may have been established in a city or town, pursuant to regulations of the United States Department of Housing and Urban Development, 24 CFR parts 597 and 598, shall constitute an industrial enterprise but shall not constitute a commercial enterprise.

(C) Said section 1 of said chapter 40D, as so appearing, is hereby further amended by striking out, in lines 75 to 77, inclusive, the words ‘Facilities for the use of governmental and nonprofit entities shall be considered facilities to be used in a commercial enterprise, and bonds’ and inserting in place thereof the following word:— ‘Bonds’.”
The amendment was rejected.

Ms. Menard and Mr. Panagiotakos moved to amend the bill by inserting after section 73, the following section:—

“SECTION 73A. WHEREAS, the Wampanoag Tribe of Gay Head (Aquinnah) (hereinafter ‘the Tribe’) is the only Indian Tribe currently recognized in the Commonwealth of Massachusetts by the United States of America, with all sovereign powers and rights thereto pertaining; and

WHEREAS, the Commonwealth of Massachusetts (hereinafter ‘the Commonwealth’ or ‘the State’) is a State of the United States of America, with all sovereign rights and powers thereto pertaining; and

WHEREAS, the Tribe and the Commonwealth each have the authority to govern within their respective jurisdictions; and

WHEREAS, the Congress of the United States has enacted into law the Indian Gaming Regulatory Act (hereinafter ‘the Act’ or ‘IGRA’) which provides for the negotiation of a Compact in certain circumstances between an Indian Tribe and a State to govern the conduct of activities which constitute Class III Gaming as defined by the Act; and

WHEREAS, the Tribe and the Commonwealth have mutually agreed, pursuant to the Indian Gaming Regulatory Act, to the following provisions in order to:

(a) stimulate and promote Tribal economic development, self-sufficiency and strong Tribal government and to promote economic development in southeastern Massachusetts;

(b) protect the health, welfare, and safety of the members of the Tribe and the citizens of the Commonwealth;

(c) develop and implement a means of regulation for the conduct of Class III Gaming on a mutually acceptable site and ensure fair and honest operation of such gaming activities; and

(d) maintain the honesty and integrity of all activities conducted in regard to Class III Gaming;

Now, Therefore, the WAMPANOAG TRIBE OF GAY HEAD (AQUINNAH) and the COMMONWEALTH OF MASSACHUSETTS, in consideration of the mutual undertakings and agreements hereinafter set forth, do enter into a Tribal-State Compact as provided for herein.

1. TITLE.

This document shall be cited as ‘The Wampanoag Tribe of Gay Head (Aquinnah) — Commonwealth of Massachusetts Gaming Compact.’

2. PURPOSES AND OBJECTIVES.

The purposes and objectives of the Tribe and the State in making this Compact are as follows:

a. To evidence the good will and cooperative spirit between the State and the Tribe;

b. To compact for Class III Gaming as authorized and required by the Act and to grant State authorization for Class III Gaming in the Temporary Facility as defined herein;

c. To fulfill the purposes and intent of the Act by providing for Tribal gaming as a means of promoting Tribal economic development, Tribal self-sufficiency and strong Tribal government;

d. To provide jobs and economic development in the Commonwealth of Massachusetts;

e. To provide Tribal revenues to fund Tribal government operations or programs;

f. To provide for the general welfare of the Tribe and its members and for other purposes allowed under IGRA;

g. To provide for Class III Gaming in which, except as provided in 25 U.S.C. §§2710(b)(4) and 2710(d)(2)(A), the Tribe shall have the sole proprietary interest and be the primary beneficiary of the Tribe’s Gaming Enterprise;

h. To recognize the State’s interest in the Tribe’s establishment of rules and procedures which will ensure that Class III Gaming is conducted fairly and honestly by the owners, operators, employees and patrons of the Class III Gaming Enterprise of the Tribe;

i. To ensure that all Tribal Gaming Facilities are constructed and operated in a manner that protects the health and safety of their patrons;

j. To allow for Class III Gaining by the Tribe in a Temporary Gaming Facility pending commencement of Gaming Operations in the Permanent Gaming Facility.

3. DEFINITIONS. For purposes of this Compact:

a. ‘Act’ or ‘IGRA’ means the Indian Gaming Regulatory Act, Act of October 17, 1988, Public Law 100, 497, 102 Stat. 2467, codified at 25 U.S.C. §§2701 et seq and 18 U.S.C. §§1166-68.

b. ‘Annual’ or ‘Annually’ refers to the fiscal year of the Commonwealth.

c. ‘Approved Site(s)’ means the parcel(s) of property located in Plymouth and/or Bristol Counties. Once said land is approved locally and is acquired by the Tribe under the restraint on alienation of 25 U.S.C. §177, and the Tribe formally extends its governmental powers over it, and which will later be taken into trust by the federal government for the benefit of the Tribe, the Secretary of the United States Department of the Interior will take all necessary steps for it to be taken into trust for gaming. The Governor, by her execution of this Compact, hereby determines that the operation of a Tribal Gaming Facility in and within the bounds of certain areas of Plymouth and /or Bristol Counties would not be detrimental to the surrounding areas.

d. ‘Casino Gaming’ means Class III Gaming.

e. ‘Class III Gaming’ means those forms of Tribal Gaming that are not Class I or Class II Gaming as defined in the Act.

f. ‘Compact’ means this agreement between the Tribe and the State.

g. ‘Electronic Gaming Devices’ means any game of chance mechanical, electronic or otherwise, featuring coin drop and payout or printed tabulations, whereby the software of the device predetermines the presence or lack of a winning combination and payout. Such devices also include microprocessor-controlled electronic devices that allow a player to play games of chance, which may be affected by an element of skill, activated by the insertion of a coin or currency or by the use of a credit and that award game credits, cash, tokens, replays or a written statement of the player’s accumulated credits, which written statements are redeemable for cash.

h. ‘Enterprise’ means any individual, trust, corporation, proprietorship, partnership or other legal Entity of any kind other than a business or Entity wholly owned and operated by the Tribe, provided, however, that with respect to any owned corporation, the term ‘Enterprise’ shall include each other corporation or other legal Entity which directly or indirectly controls a majority of the voting interests in such corporation and further provided, with respect to any partnership, trust or other form of unincorporated business organization, the term ‘Enterprise’ shall include each corporation or other legal Entity which controls a majority of the voting interests in such organization.

i. ‘Entity’ means any partnership, joint venture, corporation, chartered body, joint stock company, company, firm, association, trust, estate, club, business trust, municipal corporation, society, receiver, assignee, trustee in bankruptcy, political subdivision and any owner, director, officer or employee of any such Entity or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise, provided, however, that the term does not include the Tribe, the federal or State government, or any agency thereof.

j. ‘Gaming’ means Class III Gaming as defined herein.

k. ‘Gaming Employee’ means any key gaming employee or standard gaming employee as defined herein.

1. ‘Gaming Equipment’ means any machine or device which is specially designed or manufactured for use in the operation of any Class III game or activity.

m. ‘Gaming Facility’ means any place, building, room or rooms in which Gaming, as authorized by this Compact, is conducted, including the Permanent and Temporary Facilities, and shall include all public and non-public areas of any such building.

n. ‘Gaining Operation’ means any Enterprise, Entity, business or activity operated or authorized to operate by or on behalf of the Tribe for the purpose of conducting any form of Class III Gaming.

o. ‘Gaming Resources’ means any goods or services provided or used in connection with Class III Gaming Activities, whether exclusively or otherwise, including, but not limited to, equipment, furniture, gambling devices and ancillary equipment, implements of gaming activities such as playing cards and dice, furniture designed primarily for Class III Gaming Activities, maintenance or security equipment and services, and Class III gaming consulting services. ‘Gaming Resources’ does not include professional accounting, legal services, real estate development or public relations services.

p. ‘Gaming Resource Supplier’ means any person or entity who, directly or indirectly, manufactures, distributes, supplies, vends, leases, or otherwise purveys Gaming Resources to the Gaming Operation or Gaming Facility, provided that the Tribal Commission may exclude a purveyor of equipment or furniture that is not specifically designed for, and is distributed generally for use other than in connection with, Gaming Activities, if the purveyor is not otherwise a Gaming Resource Supplier as described in Section 12 under this Compact, the compensation received by the purveyor is not grossly disproportionate to the value of the goods or services provided, and the purveyor is not otherwise a person who exercises a significant influence over the Gaming Operation.

q. ‘Gaming School’ means any Enterprise which provides specialized training to gaming employees for the conduct of Class III Gaming other than programs operated by the Tribe or the Tribal Gaming Operation.

r. ‘Gaming Services’ means services or goods provided to the Tribe or its Management Contractor directly in conjunction with the operation of one or more Class III games in a Gaming Facility, including security services for the Class III Gaming Facility, Junket Services, Gaming Schools or training activities, promotional services, the printing or manufacture of betting tickets or the manufacture, distribution, maintenance, testing or repair of Gaming Equipment.

s. ‘Gaming Space’ means any room or rooms in which Class III Gaming, as defined by this Compact, is conducted.

t. ‘Gaming Supplies’ means those goods or supplies which are specially designed for use in the operation of any Class III game or activity.

u. ‘General Laws’ means the General Laws of the Commonwealth of Massachusetts.

v. ‘Junket Services’ means any arrangement that facilitates a patron’s attendance at a Gaming Facility, selected by reason of the expectation that such a patron will participate in gaming, by providing to such patron any consideration, including cash, rebates or reduced charges for goods or services (such as transportation, lodging, food, beverage or entertainment), provided, however, that the term shall not include Enterprises which function solely to provide common transportation to a Gaming Facility to the public without limitation to selected patrons.

w. ‘Key Gaming Employee’ means any natural person employed in the operation or management of the Class III Gaming Facility authorized by the provisions of this Compact in any one of the following positions (described by function and not by title), whether employed by the Tribe, or by an Enterprise, or Management Contractor providing on-site services to the Tribe within the Class III Gaming Facility:

1. General Manager

2. Department Head/Casino Operations

3. Department Head/Finance

4. Department Head/Security

5. Department Head/Surveillance

6. Department Head/Marketing

7. Department Head/Legal Counsel

8. Manager/Table Games

9. Manager/Electrical Devices

10. Count Room Supervisor

11. Floor Manager

12. Pit Boss

13. Dealer

14. Croupier

15. Approver of Credit

16. Assistant Manager/Table Games

17. Games Shift Manager

18. Slot Operations Manager

19. Slot Tech Manager

20. Slot Shift Manager

21. Manager/Cashier & Credit

22. Chief Controller

23. Cage Manager

24. Credit Manager

25. Custodian of gaming devices including persons with access to cash and accounting records within such devices

26. If not otherwise included, any other person whose total cash compensation is in excess of $50,000 per year

27. If not otherwise included, the four most highly compensated persons in the Gaming Operation.

x. ‘Management Contractor’ means any Person seeking to enter into or holding a Class III Management Contract with the Tribe.

y. ‘Net Gaming Revenues’ is the total sum wagered on all gaming conducted within the Gaming Facility less amounts paid out as winnings and prizes.

z. ‘Permanent Facility’ means the Gaming Facility to be constructed on the Approved Site(s), as set out in Section 5 of this Compact.

aa. ‘Person’ means any individual, Entity, partnership, joint venture, corporation, joint stock company, company, firm, association, trust, estate, club, business trust, municipal corporation, society, receiver, assignee, trustee in bankruptcy, political subdivision and any owner, director, officer or employee of any such Entity, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise, provided, however, that the term does not include the federal, Tribal or State government or any agency thereof.

ab. ‘Principal’ means with respect to any Enterprise:

(i) each of its officers and directors;

(ii) each of its primary management employees, including any chief executive officer, chief financial officer, chief operating officer or general manager;

(iii) if an unincorporated business, each of its owners or partners (limited or general);

(iv) if a trust, each trustee and beneficiary;

(v) if a corporation, each of its shareholders who owns more than ten percent (10%) of the shares of the corporation; and

(vi) each Person or Entity, other than a banking institution or state or federally regulated lending institution, who has provided financing (whether in the form of equity or debt) for the Enterprise constituting more than ten percent (10%) of the total financing of the Enterprise.

ac. ‘Slot Machine’ means any mechanical or electronic gaming device which activates a reel spin by either a handle or push button, or a video poker or video lottery terminal, in which the software or mechanism of the device determines the presence or lack of a winning combination or payout, and which has the capability of paying winning wagers through automatic return of either coins, tokens, debit, or credit card, or a written statement of the player’s accumulated credits, which statement can be redeemed for currency, or any other machine or device which the Tribal Commission reasonably determines to be equivalent thereof based on evolving technological standards, provided that such device does not simulate the games of Craps, Blackjack, or Roulette. Such gaming device shall be so designed as to limit play to a maximum of only one individual player at any given time.

ad. ‘Special Laws’ means the Special Laws of the Commonwealth of Massachusetts.

ae. ‘Standard Gaming Employee’ means any natural person, other than a Key Gaming Employee, employed in the operation or management of, or in connection with, the Gaming authorized by the provisions of this Compact, whether employed by the Tribe or by any Enterprise or Management Contractor providing on-site services to the Tribe within the Gaming Facility.

af. ‘State’ means the Commonwealth of Massachusetts, its authorized officials, agents, representatives or agencies acting in their official capacities.

ag. ‘State Board or Agency’ means such body or bodies the State may designate to perform the State regulatory functions detailed in this Compact.

ah. ‘State Law Enforcement Agency’ means the Commonwealth of Massachusetts State Police and such other law enforcement agency or agencies of the Commonwealth, as it may from time to time designate by written notice to the Tribal Commission, as the law enforcement agency or agencies of the Commonwealth, which will have responsibility for law enforcement with respect to Gaming as authorized by the provisions of this Compact.

ai. ‘Temporary Facility’ means the Temporary Facility authorized by Section 5(c) of this Compact.

aj. ‘Tribal Gaming Operation’ means the Tribe or that subsidiary of the Tribe or entity of the Tribe which is authorized to conduct or operate Gaming pursuant to this Compact.

ak. ‘Tribal Law Enforcement Agency’ means a law enforcement agency of the Wampanoag Tribe of Gay Head (Aquinnah) established and maintained by the Tribe, pursuant to the Tribe’s powers of self-government, to carry out law enforcement within the jurisdiction of the Tribe.

al. ‘Tribe or Tribal’ means the Wampanoag Tribe of Gay Head (Aquinnah) Tribal Council, any legal subdivision thereof and each of its authorized officials, agents and representatives.

am. ‘Tribal Commission’ means the Aquinnah Wampanoag Tribal Gaming Regulatory Commission, its authorized officers, agents and representatives acting in their official capacities or such other agency of the Tribe as it may from time to time designate by written notice to the Commonwealth as the Tribal agency responsible for the Tribal regulation of Class III Gaming.

an. ‘Video Facsimile’ means any mechanical, electrical or other device, contrivance or machine, which, upon insertion of a coin, currency, token or similar object therein or upon payment of any consideration whatsoever, is available to play or operate the play or operation of which is a facsimile of a game of chance and which may deliver or entitle the person playing or operating the machine to receive cash or tokens to be exchanged for cash or to receive any merchandise or thing of value, whether the payoff is made automatically from the machine or in any other manner whatsoever.

4. AUTHORIZED CLASS III GAMING.

Authorized Games and Activities. The Tribe is specifically authorized, notwithstanding the provisions of Chapters 137 and 271 of the General Laws or any Special or General Law or regulation regulating or prohibiting gaming or any other General or Special Law to the contrary, and pursuant to the applicable terms of this Compact, to conduct and operate at a for-profit Gaming Facility open to the public on the Approved Site(s), whether permanent or temporary and subject to the terms and conditions of this Compact and 25 U.S.C. §2710, any and all of the following games of chance. The Tribe shall determine the bet limits, hours of operation and the number of said games, activities, positions, machines, electrical, mechanical or other devices at the Gaming Facility.

i. Banking and non-banking card games, including but not limited to blackjack, poker in any variation, Chemin de Fer, Baccarat, and Caribbean-Stud;

ii. Dice games of all types;

iii. Money-wheels;

iv. Roulette;

v. Let it Ride;

vi. Chuck-a-Luck;

vii. Pan Games;

viii. Keno;

ix. Over and Under;

x. Horse race game;

xi. Acey-Ducy;

xii. Beat the Dealer;

xiii. Bouncing Ball;

xiv. Any bazaar game not listed above;

xv. Electronic Gaming Devices;

xvi. Slot Machines;

xvii. Video Facsimiles of any game of chance listed above;

xviii. Off-track pari-mutuel betting on animal races;

xix. Pari-mutual betting through simulcasting on animal races;

xx. Off-track pari-mutuel telephone betting on animal races;

xxi. Raffles;

xxii. Progressive Gaming;

xxiii. In addition, any Class III Gaming authorized to be conducted from time to time from and after the execution of this Compact in the Commonwealth of Massachusetts or in the State of Connecticut or any other game of chance classified as a form of Class III Gaming, provided, however, that the Tribe may not conduct such games of chance until the expiration of a period of sixty (60) days from and after the date the Tribal Commission notifies the Board of its intention to conduct such new games of chance. In the event the Tribal Commission does not receive notice of non-approval of such new games of chance by the Board within such period, such new games of chance shall be deemed approved. Notwithstanding Section 9.a. below, the parties hereto agree and acknowledge that the State Board or Agency shall have the right to approve or disapprove such new games of chance, provided that if such approval or disapproval is different from the Tribe’s determination, the State Board or Agency’s approval or disapproval shall be subject to Section 26 herein, and if approval is pending, such approval shall not to be unreasonably withheld.

5. GAMING FACILITIES

a. Size. The Tribe agrees to construct or otherwise operate not less than 80,000 square feet of space dedicated to gaming in the Temporary Gaming Facility and may construct up to 500,000 square feet or more of Gaming Space at the Permanent Facility (‘the Facility’);

b. Location. The exact location will be decided by a Request for Proposal (‘RFP’) process to qualifying parcel(s) of land located within Bristol and/or Plymouth Counties and shall be subject to local approval.

c. Date of Completion. The Tribe agrees to use its best efforts to complete construction of the Permanent Facility as quickly as possible upon approval of this Compact by the Secretary of the Interior and published in the Federal Register or (ii) the Approved Site(s) is accepted into trust by the federal government for the benefit of the Tribe, whichever is later.

d. Temporary Facility. The Tribe agrees to erect, procure, lease, operate and conduct a Class III Gaming under the applicable terms and conditions hereof at a Temporary Facility (the ‘Temporary Facility’) on land at a site which the Tribe owns in fee, which is subject to a restraint on alienation under 25 U.S.C. §177, and over which the Tribe exercises governmental powers. It is understood that this facility will be on land that will subsequently be taken into trust by the United States for the Permanent Gaming Facility, and that by execution of this Compact, the Governor concurs in the decision by the Secretary of the Interior for the taking of the land in trust under 25 U.S.C. § 2719(b)(1)(A). The Tribe or a wholly owned Entity of the Tribe shall at all times remain the exclusive owner of the Gaming Operation conducted at the Temporary Facility and shall be permitted to contract with third parties in connection with management, financing, supplies and other aspects of the Gaming Operation, subject to the terms of this Compact.

e. Compliance with State and Local Codes. The Temporary Facility, the Permanent Facility and all other Tribal buildings on the Approved Site(s) will meet or exceed all State and local laws, regulations and standards relating to building, fire, health, safety, and sanitation. Such facilities and buildings shall be subject to State and local inspection.

f. Cessation of Operations. The Temporary Facility shall cease operations no later than the date the Permanent Facility is open to the public.

6. THE AQUINNAH WAMPANOAG TRIBAL GAMING REGULATORY COMMISSION.

a. Assignment of Tribal Responsibilities. The Tribe will assign to the Tribal Commission the primary Tribal responsibility for the regulation of Class III Gaming consistent with the provisions of this Compact. The Tribe shall provide to the State a copy of the ordinance or Tribal council resolution establishing this Tribal Commission and granting it this power.

b. Authority. The Tribal Commission shall have full Tribal jurisdiction over Tribal regulation of Class III Gaming. The Tribal Commission shall have and perform duties and powers as prescribed by the Tribe consistent with the Act and this Compact. Said duties shall, at a minimum, include the following:

i. to license Class III Gaming Employees, Management Contractors and providers of Gaming Services consistent with the provisions of this Compact and after Board Certification of such Persons and Entities;

ii. to authorize and review audits; and,

iii. to exercise all Class III Gaming enforcement powers granted to the Tribe pursuant to this Compact or by Tribal or federal law.

c. Hours and Days for Gaming. The Tribe will establish the hours and days of operation of Gaming Facilities operated under this Compact. In the event there are changes in the days and hours of operation, the Tribal Commission will notify the Board no less than ninety (90) days in advance of those changes.

d. Members and Employees. The Tribe will have sole discretion to select the Tribal Commissioners and employees of the Tribal Commission. Tribal Commissioners and employees of the commission shall be subject to the licensing requirements for Key Gaming Employees set forth in Section 11 of this Compact.

e. Identification Badges. Tribal Commissioners and employees of the Tribal Commission shall, when at a Gaming Facility, wear on their outer garments color coded identification badges issued by the Tribal Commission. This requirement shall not apply to a Tribal Commissioner or an employee of the Tribal Commission acting undercover within the scope of his or her authority, provided that said individual carries the badge on his or her person.

7. COMMONWEALTH OF MASSACHUSETTS GAMING REGULATORY STATE BOARD OR AGENCY.

The State shall exercise its regulatory and oversight role under this Compact through the State Board or Agency as the State may designate by written notice from the Governor to the Tribe. Any such State Board or Agency shall have those powers and duties delegated by the State.

8. QUARTERLY MEETINGS OF THE STATE BOARD AND THE COMMISSION.

To develop and foster a sound working relationship in the enforcement of the provisions of this Compact, representatives of the State Board or Agency, the State Law Enforcement Agency having law enforcement responsibility with respect to gaming under this Compact and the Tribal Commission shall meet not less than on a quarterly basis, unless otherwise agreed, to review past practices and examine methods that may improve the regulatory and enforcement program created by this Compact.

9. ENFORCEMENT OF COMPACT PROVISIONS.

a. Cooperation. The Tribal Commission and the State Board or Agency shall cooperate to ensure that the Gaming Facility is operated in compliance with the IGRA, the Tribal ordinance and regulations, and the provisions of this Compact and all applicable laws and regulations and is subject to controls fully adequate to provide for public safety and the physical security of patrons. In the spirit of such cooperation, the Tribal Commission and the State Board or Agency shall have joint authority to determine whether operations are conducted in compliance with the IGRA, the Tribal ordinance or regulations and the provisions of this Compact and other applicable laws and regulations.

b. Tribal Commission Supervision. The Tribal Commission shall have the Tribal responsibility for Tribal regulation and oversight of Tribal Class III Gaming Operations and shall, for that purpose, employ non-uniformed inspectors who shall be present in all Gaming Facilities during all hours of operation under the supervision of personnel accountable solely to the Tribal Commission and not to any management employees of the Tribal Gaming Operation. Such inspectors shall have unrestricted access to all areas of the Gaming Facilities at all times, and personnel employed by the Tribal Gaming Operation shall, for such purposes, provide such inspectors access to locked and secured areas of the Gaming Facilities. Such inspectors shall report to the Tribal Commission in writing regarding any failure by the Tribal Gaming Operation to comply with any of the provisions of this Compact or any law or regulation or policy of the Tribe, the Tribal Commission, the federal government, or the State Board or Agency made applicable by this Compact. Inspectors assigned by the Tribal Commission shall also receive consumer complaints within the Gaming Facilities, write reports of those complaints and assist in seeking their voluntary resolution. Copies of all such complaints shall be forwarded to the Tribal Commission.

Inspectors employed by the Tribal Commission for the purposes set forth in this Section shall be required to obtain Key Gaming Employee licenses as defined in Section 11 of this Compact and shall carry proper identification at all times.

The Tribal Commission will prepare a plan for the protection of public safety and physical security of patrons in each of its Gaming Facilities following consultation with the State Law Enforcement Agency. Such plan shall set forth the respective responsibilities of and be agreed upon by the Tribal Commission, the State Law Enforcement Agency, any Tribal Law Enforcement Agency in existence and the security departments of the Tribal Gaming Operation.

c. On-Site Regulation. It shall be the responsibility of the Tribal Commission to conduct on-site gaming regulation and control in order to enforce the terms of this Compact, IGRA, and the Tribal ordinance and regulations with respect to the Tribal Gaming Operation and Facility compliance, and to protect the integrity of the Gaming Activities, the reputation of the Tribe and the Gaming Operation for honesty and fairness, and the confidence of patrons that tribal government gaming in Massachusetts meets the highest standards of regulation and internal controls. To meet those responsibilities, the Tribal Commission shall adopt and enforce regulations, procedures, and practices as set forth herein.

d. Tribal Commission Investigation and Sanctions. The Tribal Commission may investigate any report of a failure to comply with the provisions of this Compact, any applicable laws or any Tribal Commission regulations or policies and may require the Tribal Gaming Operation to correct such failure upon such terms and conditions as the Tribal Commission may determine necessary. All reports of a failure to comply with the provisions of this Compact or any applicable laws or Tribal Commission regulations or policies shall be reduced to writing, and a copy shall be forwarded to the Board along with a written report of the outcome of any investigation conducted by the Tribal Commission.

The Tribal Commission shall be empowered by Tribal ordinance to impose fines and other appropriate sanctions within the jurisdiction of the Tribe upon any Person or Entity who violates provisions of this Compact, Tribal law, Tribal Commission regulations or policies, or the Tribe’s Standards of Operation and Management for Class III Gaming.

e. Assistance by State Board or Agency. The Tribe may request the assistance of the Board whenever it reasonably appears that such assistance may be necessary to carry out the purposes of Section 9.c. above, or otherwise to protect public health, safety, or welfare. If requested by the Tribe or Tribal Commission, the Board shall provide requested services to ensure proper compliance with this Compact. The Board shall be reimbursed for its actual and reasonable costs of that assistance, if the assistance required expenditure of extraordinary costs.

f. State Review Authority. Consistent with Section 9.a. above, the State Board or Agency shall have review authority to jointly determine whether Class III Gaming Operations of the Gaming Facility are conducted in compliance with the provisions of this Compact, and for that purpose:

i. Personnel employed by the State Board or Agency shall, upon presenting proper identification, have access to all public areas of the Gaming Facilities during normal Gaming Facilities’ business hours with or without prior notice for the purpose of such inspections provided that such Personnel employed by the State Board or Agency must pass a background check and must be licensed under a suitability standard no less stringent than employees of the Tribal Commission;

ii. Only authorized Personnel employed by the State Board or Agency shall, upon presenting proper identification, have access to all non-public areas of the Gaming Facilities during normal Gaming Facilities’ business hours, immediately after the State Board or Agency’s authorized Personnel notifies the Tribal Commission of his or her presence on the premises and requests access to the non-public areas of the Gaming Facilities. The Tribal Commission, in its sole discretion, may require a member of the Tribal Commission to accompany the State Board or Agency’s authorized Personnel at all times that the State Board or Agency’s authorized Personnel is in a non-public area of the Gaming Facilities. If the Tribal Commission imposes such a requirement, it shall require such member to be available at all times for those purposes and shall ensure that the member has the ability to gain immediate access to all non-public areas of the Gaming Facilities. Nothing in this Compact shall be construed to limit the State Board or Agency’s authorized Personnel to one inspector during inspections;

iii. The Tribal Gaming Operation shall provide the State Law Enforcement Agency, the State Board or Agency, and the State Board or Agency staff with access to reasonable office space for the purposes of their activities, provided that the Tribe shall be reimbursed for its actual and reasonable costs of providing reasonable office space for their activities, if such provision of office space required expenditure of extraordinary costs;

iv. Only State Board or Agency authorized Personnel employed by the State Board or Agency may, without prior notice, attend the regular count conducted by the Tribal Gaming Operation provided that a member of the Tribal Commission or its designee shall accompany such State Board or Agency authorized Personnel while attending such regular count;

v. Personnel employed by the State Board or Agency shall not interfere with the conduct of the Tribal Gaming Operation, except as may be required to perform regulatory, review and oversight functions;

vi. Auditors employed by the State Board or Agency shall have access during the Gaming Facilities’ business office hours, immediately after notice to the Tribal Commission, to inspect and copy all records, including computer log tapes, of the Tribal Gaming Operation, provided that the inspection and copying of those papers, books or records shall not interfere with the normal functioning of the Gaming Operation or Facility. Notwithstanding any other provision of Massachusetts law, all information and records that the State Board or Agency obtains, inspects, or copies pursuant to this Compact shall be, and remain, the sole property of the Tribe, provided that such records and copies may be retained by the State Board or Agency as reasonably necessary for completion of any investigation of the Tribe’s compliance with this Compact;

vii. The State Board or Agency shall exercise utmost care in the preservation of the confidentiality of any and all information or records received by the Tribal Gaming Operation and any Tribal Commission records, which are retained by the State Board or Agency and its employees, and shall apply the highest standards of confidentiality expected under Massachusetts law, applicable federal law and the provisions of this Compact to preserve such information and documents from disclosure. Any and all information or documents obtained or received pursuant to this Compact shall be deemed confidential and proprietary financial information belonging to the Tribe shall be protected from public disclosure by the State without the express written consent of the Tribe. To the extent reasonably feasible, the State Board or Agency will consult with representatives of the Tribe prior to disclosure of any documents received from the Tribe, or any documents compiled from such documents or from information received from the Tribe, including any disclosure compelled by judicial process, and, in the case of any disclosure compelled by judicial process, will endeavor to give the Tribe immediate notice of the order compelling disclosure and a reasonable opportunity to interpose an objection thereto with the court. Records received by the State Board or Agency from the Tribe in compliance with this Compact, or information compiled by the State Board or Agency from those records, shall be exempt from disclosure under any Massachusetts public records acts;

viii. The State Board or Agency may conduct such investigations and employ subpoena powers with which it may be vested under the laws of the State as it deems appropriate to investigate violations of this Compact. All security incidents and patron complaints reported by or to the Tribal gaming security department or to the Tribal Commission shall be reported on a daily basis to the Board;

ix. The Tribe shall cause its Gaming Operations to be subject to an annual audit by an independent certified public accountant in accordance with generally accepted accounting principles. The Tribe’s selection of such an accountant for such audits shall comply with and meet the standards required by the Act and the National Indian Gaming Commission.

x. The State Board or Agency shall be provided with a copy of the audit findings of the independent auditor prior to issuance of the audit report and shall receive copies of the audit report, engagement letter, management’s representation letter, lawyer’s contingency letter and other workpapers as the State Board or Agency deems necessary; and

xi. Identification badges to be worn by State Board or Agency employees while at a Gaming Facility shall be issued by the Tribal Commission upon written request by the State Board or Agency and prominently appended to the approved location on the employee’s outer garment. This requirement shall not apply to a duly authorized employee of the State Board or Agency acting undercover within the scope of his authority, provided that said employee carries his badge on his person. Such identification badges will be of a distinctive color code identifying its wearer as an employee of the State Board or Agency. Upon issuance of each badge, the name of its recipient, employment position and badge number shall immediately be forwarded to the State Board or Agency and the Tribal Gaming Operation.

xii. The Tribal Commission and the State Board or Agency shall confer and agree upon protocols for release to other law enforcement agencies of information obtained during the course of background investigations.

g. Enforcement Authority of the State Board or Agency. If the State Board or Agency and the Tribal Commission, pursuant to Section 9.a. above, determines that the Tribal Gaming Operation is not in compliance with the provisions of this Compact, the State Board or Agency shall deliver a written notice of noncompliance to the Tribal Commission and the Tribal Gaming Operation that describes the nature of such noncompliance and the action required to remedy such noncompliance. In the event that the Tribal Gaming Operation fails to contest the allegation of noncompliance or undertake corrective action within fifteen (15) days after receipt of a valid notice from the State Board or Agency, the State Board or Agency may initiate the dispute resolution procedures provided for in this Compact or may exercise its rights in the United States District Court pursuant to 25 U.S.C. §2710(d)(7)(A)(ii). In the event that the State Board or Agency determines that an emergency exists, the state Board may bring an action in the United States District Court immediately upon noncompliance with the provisions of the Compact. In addition to the remedies provided hereunder, the State may exercise its right to petition the National Indian Gaming Tribal Commission to impose penalties, which may include civil fines and temporary or permanent closure of Tribal Class III Gaming Facilities, for violation of the provisions of this Compact.

h. Enforcement Authority of the National Indian Gaming Tribal Commission. The Tribe shall enact a Tribal ordinance governing Class III Gaming activities on the Approved Site(s) and submit the same to the National Indian Gaming Tribal Commission for approval pursuant to 25 U.S.C. §2710(d)(2). Said ordinance shall require enforcement of all of the provisions of this Compact. In accordance with Section 14 of the Act, 25 U.S.C. §2713, the National Indian Gaming Tribal Commission may enforce the provisions of the ordinances of the Tribe, the Compact and the Act governing the conduct of Class III Gaming activities on the Approved Site(s).

10. LAW ENFORCEMENT MATTERS.

a. Jurisdiction of the State. Nothing in this Compact shall alter the jurisdiction of the State over the Tribal land on the island of Martha’s Vineyard; including as set forth in P.L. 100-95, 25 U.S.C. §1771, and Mass. St. 1985, ch. 277.

b. State Criminal Jurisdiction. To the extent allowed by applicable law, the State’s Law Enforcement Agency shall have full authority, with the advice and consent of the State’s Attorney General, to maintain public order and public safety on the Approved Site(s) to enforce the criminal laws of the State and to make arrests for violation of the laws of the State. Further, the State shall have jurisdiction to enforce all criminal laws of the Commonwealth which may prohibit any form of Class III Gaming on the Approved Site(s) against any Person engaged in Class III Gaming on the Approved Site(s) that is not authorized by this Compact.

c. Powers of State Law Enforcement Officers. Notwithstanding any limitation imposed by applicable laws, the State law enforcement officers shall in the course of their official duties, excluding the regulation and enforcement of Gaming Operations within the jurisdiction of the Tribe and the regulation and enforcement of Gaming Operations encompassed in this Compact, be accorded access to any Gaming Facility, and personnel employed by the Tribal Gaming Operation shall, for such purposes, provide State law enforcement officers access to all parts of the Gaming Facility. The State Law Enforcement Agency may station a resident officer at the Gaming Facility to coordinate law enforcement and public safety with the Tribal Gaming security personnel and with the Tribal Law Enforcement Agency within the Gaming Facility.

d. Concurrent Authority of Tribal Law Enforcement Authority. Law enforcement officers of the Tribe may exercise concurrent authority at the Approved Site(s) with that of law enforcement officers of the State to maintain public order and public safety and to enforce the applicable ordinances of the Tribe and to make arrests for violations of applicable criminal laws of the State; provided, that persons arrested by officers of the Tribal Law Enforcement Agency for violations of criminal laws of the State shall be transferred as promptly as may be feasible to the jurisdiction of State law enforcement officers and the Tribal Law Enforcement Agency shall comply with all reasonable requirements of State law enforcement officers and agencies in order to assist in the prosecution of such offenders. Reciprocally, Tribal members and other Indians arrested by State Law Enforcement officers shall be turned over, along with necessary documentation and evidence, to Tribal Law Enforcement for prosecution in Tribal court. Nothing in this Section shall prevent the State from prosecution of Tribal members and other Indians under applicable laws.

11. CERTIFICATION AND LICENSING OF GAMING EMPLOYEES.

a. Cooperation. Notwithstanding Section 9.a. above, the Tribe and the State agree that all Gaming activities conducted under this Compact shall, at a minimum, comply with a Tribal ordinance duly adopted by the Tribe and approved in accordance with IGRA, and with all rules, regulations, procedures, specifications, and standards duly adopted by the Tribal Commission, and the Tribe and the State intend that the licensing process provided for in this Compact shall involve joint cooperation between the Tribal Commission and the State Board or Agency, as more particularly described herein.

b. Classes of Gaming Employee Licenses. There shall be two classes of Gaming Employee licenses: a Key Gaming Employee License and a Standard Gaming Employee License.

c. Requirement of Key Gaming Employee License. No Person may commence or continue employment as a Key Gaming Employee unless he or she is the holder of a valid key Gaming Employee license issued by the Tribal Commission and has been certified by the State Board or Agency in accordance with the Key Gaming Employee provisions of this Section.

d. Requirement of Standard Gaming Employee License. No Person may commence or continue employment as a Standard Gaming Employee unless he or she is the holder of a valid Standard Gaming Employee license issued by the Tribal Commission and has been certified by the State Board or Agency in accordance with the Standard Gaming Employee provisions of this Section.

e. Gaming Employee. Every Gaming Employee shall obtain, and thereafter maintain current, a valid Tribal gaming license, which shall be subject to biennial renewal, provided that in accordance with Section 11.i. below, those persons may be employed on a temporary or conditional basis pending completion of the licensing process.

i. Except as provided in (ii) and (iii) below, the Tribe will not employ or continue to employ any person whose application to the State Board or Agency for a determination of suitability or for a renewal of such a determination, has been denied or has expired without renewal, unless exempted under Section 11.__. below.

ii. Notwithstanding subsection (i) above, the Tribe may retain in its employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Board or Agency, if:

(1) the person holds a valid and current license issued by the Tribal Commission that must be renewed at least biennially;

(2) the denial of the application by the State Board or Agency is based solely on activities, conduct, or associations that antedate the filing of the person’s initial application to the State Board or Agency for a determination of suitability;

(3) the person is not an employee or agent of any other gaming operation; and,

(4) the person has been in the continuous employ of the Tribe for at least three (3) years prior to the effective date of this Compact.

iii. Notwithstanding subsection (ii) above, the Tribe may employ a person whose application for a determination of suitability, or for a renewal of such a determination, has been denied by the State Board or Agency, if the person is an enrolled member of the Tribe as of the effective date of this Compact, or when applicable, as defined in this subsection, and if:

(1) the person holds a valid and current license issued by the Tribal Commission that must be renewed at least biennially;

(2) the denial of the application by the State Board or Agency is based solely on activities, conduct, or associations that antedate the filing of the person’s initial application to the State Board or Agency for a determination of suitability;

(3) the person is not an employee or agent of any other gaming operation. For the purposes of this subsection, ‘enrolled member’ means a person who is either:

a. certified by the Tribe as having been a member of the Tribe for at least five (5) years, or

b. a holder of confirmation of membership issued by the Bureau of Indian Affairs.

iv. Nothing herein shall be construed to relieve any person of the obligation to apply for a renewal of a determination of suitability as required under this Compact.

f. Tribal Commission Background Investigation of Applicants. The Tribal Commission shall conduct or cause to be conducted all necessary background investigations reasonably required to determine that the applicant is qualified for a gaming license under the standards set forth in Section 11.__. below, and to fulfill all requirements for licensing under IGRA, the Tribal ordinance and regulations, and this Compact. The Tribal Commission shall not issue other than a temporary gaming license until a determination is made that those qualifications have been met.

g. Any Persons connected with the Gaming Operation or Facility who are required to be licensed or to submit to a background investigation under IGRA, the Tribal ordinance and regulations, or under the provisions of this Compact, including, but not limited to, all Gaming Employees, and any other Person having a significant influence over the Gaming Operation must be licensed by the Tribal Commission.

h. Gaming License Issuance. Upon completion of the necessary background investigation, the Tribal Commission may issue a license on a conditional or unconditional basis. Nothing herein shall create a property or other right of an applicant in an opportunity to be licensed, or in a license itself, both of which shall be considered to be privileges granted to the applicant in the sole discretion of the Tribal Commission.

i. Temporary Tribal Licensing. Notwithstanding anything herein to the contrary, if the applicant has completed a license application in a manner satisfactory to the Tribal Commission, and the Tribal Commission has conducted a preliminary background investigation, and the investigation or other information held by the Tribal Commission does not indicate that the applicant has criminal history or other information in his or her background that would either automatically disqualify the applicant from obtaining a license or cause a reasonable person to investigate further before issuing a license, or is otherwise unsuitable for licensing, the Tribal Commission may issue a temporary license and may impose such specific conditions thereon pending completion of the applicant’s background investigation, as the Tribal Commission in its sole discretion shall determine. Special fees may be required by the Tribal Commission to issue or maintain a temporary license.

j. Term of Temporary Tribal License. A temporary Tribal license shall remain in effect until suspended or revoked, or a final determination is made on the application. At any time after the issuance of the temporary Tribal license, the Tribal Commission may suspend or revoke such license pursuant to this Section 11.__. below. Nothing herein shall be construed to relieve the Tribe of any obligation under Part 558 of Title 25 of the Code of Federal Regulations.

k. Tribal Suitability Standard Regarding Gaming Licenses. In reviewing an application for a gaming license, and in addition to any standards set forth in the Tribal ordinance and regulations, the Tribal Commission shall consider whether issuance of the license is inimical to public health, safety, or welfare, and whether issuance of the license will undermine public trust that the Tribe’s Gaming Operations, or Tribal government gaming generally, are free from criminal and dishonest elements and would be conducted honestly. A license may not be issued unless, based on all information and documents submitted, the Tribal Commission is satisfied that the applicant is all of the following, in addition to any other criteria in IGRA or the Tribal ordinance and regulations:

i. a person of good character, honesty, and integrity;

ii. a person whose prior activities, criminal record (if any), reputation, habits, and associations do not pose a threat to the public interest or to the effective regulation and control of gambling, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, or activities in the conduct of gambling, or in the carrying on of the business and financial arrangements incidental thereto;

iii. a person who is in all other respects qualified to be licensed as provided in the Tribal ordinance and regulations, IGRA, and in this Compact. An applicant shall not be found to be unsuitable solely on the ground that the applicant was an employee of a tribal gaming operation in Massachusetts that was conducted prior to the effective date of this Compact.

1. Procedures for Key Gaming Employee License Applications. Notwithstanding Section 11.__. above, each applicant for a Key Gaming Employee license shall submit a completed license application to the Tribal Commission on a form prescribed by the Tribal Commission. Copies of the application shall be forwarded to the State Board or Agency for a suitability determination by the State Board or Agency pursuant to Section 11.1. below. The forwarded application shall be accompanied by signed releases modeled after the release required of Class II Key Employees by 25 C.F.R. §556.2 and similar releases used by the State. These releases shall authorize the Tribe, the Tribal Commission, the State, and federal government to investigate the applicant’s background. The Key Gaming Employee license application shall contain, at a minimum, all required submissions, documentation and assurances required under IGRA, including 25 C.F.R. §556.4, for licensing primary management officials and key employees, and such additional information as the Tribal Commission shall specify to assure a thorough disclosure of facts and circumstances relating to the applicant.

m. Business Entities. For applicants who are business entities, these licensing provisions shall apply to the entity as well as:

i. each of its officers and directors;

ii. each of its principal management employees, including any chief executive officer, chief financial officer, chief operating officer, and general manager;

iii. each of its owners or partners, if an unincorporated business;

iv. each of its shareholders who owns more than ten (10%) percent of the shares of the corporation, if a corporation; and

v. each person or entity (other than a financial institution that the Tribal Commission has determined does not require a license under the preceding section) that, alone or in combination with others, has provided financing in connection with any gaming authorized under this Compact, if that person or entity provided more than 10 percent of:

(1) the start-up capital;

(2) the operating capital over a twelve (12) month period; or

(3) a combination thereof.

For the purposes of this Section, where there is any commonality of the characteristics identified in clauses (i) and (v), inclusive, between any two or more entities, those entities may be deemed to be a single entity. Nothing herein precludes the Tribe or Tribal Commission from requiring more stringent licensing requirements.

n. License Application Contents. Each completed application shall include the applicant’s fingerprint cards, current photographs, the signed releases described herein authorizing a background investigation and the fee, if any, set by the Tribal Commission. The Tribal Commission shall retain at least one copy of the license application, accompanied by a current photograph, one set of fingerprints and one original release. The Tribal Commission shall then, when applicable, forward one set of these documents to the National Indian Gaming Commission or such other federal agency as the Act may require and provide to the State Board or Agency a minimum of two copies of the license application and the remaining fingerprint cards, current photographs and releases pursuant to Section 11.__. below.

o. State Suitability Determination. Upon receipt of a completed license application and a determination by the Tribal Commission that it intends to issue the earlier of a temporary or permanent Key Gaming Employee license, the Tribal Commission shall transmit to the State Board or Agency a notice of intent to license the applicant, together with all of the following:

i. a copy of all Tribal license application materials and information received by the Tribal Commission from the applicant;

ii. an original set of fingerprint cards;

iii. a current photograph; and

iv. except to the extent waived by the State Board or Agency, such releases of information, waivers, and other completed and executed forms as have been obtained by the Tribal Commission. Except for an applicant for licensing as a non-Key Gaming Employee, as defined by agreements between the Tribal Commission and the State Board or Agency, the Tribal Commission shall require the applicant also to file an application with the State Board or Agency, prior to issuance of a temporary or permanent tribal gaming license, for a determination of suitability for licensure under the gaming laws of Massachusetts.

Investigation and disposition of the application(s) for the suitability determination by the State Board or Agency shall be governed entirely by state law, and the State Board or Agency shall determine whether the applicant would be found suitable for licensure in a gambling establishment subject to that State Board or Agency’s jurisdiction. Additional information may be required by the State Board or Agency to assist it in its background investigation, provided that such State Board or Agency requirement shall be no greater than that which may be required of applicants for a State gaming license in connection with non-tribal gaming activities and at a similar level of participation or employment.

A determination of suitability is valid for the term of the Tribal license held by the applicant, and the Tribal Commission shall require a licensee to apply for renewal of a determination of suitability at such time as the licensee applies for renewal of a Tribal Gaming License. The State Board or Agency and the Tribal Commission shall cooperate in developing standard licensing forms for Tribal Gaming License applicants, on a Statewide basis, that reduce or eliminate duplicative or excessive paperwork, which forms and procedures shall take into account the Tribe’s requirements under IGRA and the expense thereof.

p. State Board or Agency Background Investigation of Key Gaming Employee License Applicants. The State Board or Agency shall conduct its own background investigation of the applicant in order to determine such applicant’s suitability pursuant to Section 11.__. above. Said background investigation shall, at a minimum, encompass a verification of the information contained in the application and a thorough criminal records check. Such criminal records check shall be undertaken only by the State Law Enforcement Agency. The State Board or Agency shall report in writing the results, whether suitable or unsuitable and the reasons, of its background investigation, providing a copy thereof to the Tribal Commission. The State Board or Agency shall maintain the results of its investigation and the applicant’s fingerprint records until five (5) years after such time as the State Board or Agency is notified that such Person is no longer employed in a position requiring licensing at the Gaming Facility. The Tribe shall notify the State Board or Agency immediately following the termination or transfer of such an employee.

q. Procedures for Standard Gaming Employee License Applications. Each applicant for a Standard Gaming Employee license shall submit a completed license application to the Tribal Commission on a form prescribed by the Tribal Commission. Copies of said application shall be forwarded to the State Board or Agency for a suitability determination by the State Board or Agency pursuant to Section 11.__. above.

The forwarded application shall be accompanied by signed releases modeled after the release required of Class II Key Employees by 25 C.F.R. §556.2 and similar releases used by the State. These releases shall authorize the Tribe, the Tribal Commission, the State, and the federal government to investigate the applicant’s background. The Standard Gaming Employee license application shall contain, at a minimum, the applicant’s full name, all other names used, social security number, date of birth, place of birth, citizenship, gender, current and previous employment for the past five (5) years, current and previous addresses for the past five (5) years and a list of any gaming licenses from any jurisdiction held or applied for. Each completed application shall contain the applicant’s fingerprint cards, current photographs, the signed releases described herein authorizing a background investigation and the appropriate fee, if any, set by the Tribal Commission. The Tribal Commission shall retain at least one copy of the license application, accompanied by a current photograph, one set of fingerprints and one original release. The Tribal Commission shall then, where applicable, forward one set of these documents to the National Indian Gaming Tribal Commission or such other federal agency as the Act may require and provide to the State Board or Agency a minimum of two copies of the license application, and the remaining fingerprint cards, current photographs and releases. The Tribal Commission shall promptly forward to the State Board or Agency copies of any background investigation reports it receives from the federal government.

r. Background Investigation of Standard Gaming Employee License Applicants. The State Board or Agency shall conduct a background investigation of the applicant. Said background investigation shall, at a minimum, encompass a fingerprint-based search of the applicant’s criminal history. Such criminal record check shall be undertaken only by the State Law Enforcement Agency. The State Board or Agency shall also, where applicable, contact all jurisdictions where the applicant has held or applied for a gaming license. The State Board or Agency shall report in writing the results of its background investigation, providing a copy thereof to the Tribal Commission. The State Board or Agency shall maintain the results of its investigation and the applicant’s fingerprint records until five (5) years after such time as the State Board or Agency is notified that such Person is no longer employed in a position requiring licensing at the Gaming Facility. The Tribe shall notify the State Board or Agency immediately following the termination or transfer of such an employee.

s. Tribal License Fees. The license fees for the Tribal Key and Standard Gaming Employee Licenses shall be determined solely by the Tribal Commission.

t. Notice of Approved License Application. Upon approval of a Tribal license application, the Tribal Commission shall send appropriate notification to the applicant, the Tribal Gaming Operation and the State Board or Agency. The notice shall include the name of the licensee and the license number.

u. Term of Tribal Licenses. Any Key or Standard Gaming Employee License issued by the Tribal Commission shall be effective for not more than two (2) years, unless otherwise agreed to by the Tribal Commission and the State Board or Agency under this Compact, provided that a licensed Gaming Employee who has timely and properly applied for a renewal may continue to be employed under the expired license until such time as final action is taken on the renewal application by both the Tribal Commission and the State Board or Agency, except where the Tribal Commission may otherwise require.

v. Renewal Tribal Gaming License and State Certification. An applicant for a Key or Standard Gaming Employee license renewal shall submit a renewal application to the Tribal Commission on forms prescribed by the Tribal Commission prior to its expiration. The forms shall not require the applicant to furnish historical data previously submitted. At the discretion of the Tribal Commission, an additional background investigation may be required at the time of submitting the renewal application if the Tribal Commission determines the need for further information concerning the applicant’s continuing suitability or eligibility for a license. The Tribal Commission shall retain at least one copy and forward such copies to the State Board or Agency as may be required under this Compact. The State Board or Agency shall update the applicant’s address and criminal history check, and the State Board or Agency shall notify the Tribal Commission in writing of its determination of suitability of the renewal applicant. The Tribal Commission may renew the license of any employee who is determined suitable by the Tribal Commission pursuant to Section 11.__. above, and is also determined suitable by the State Board or Agency. The Tribal Commission shall notify the State Board or Agency of its grant of any license renewal application.

w. Suspension of Tribal License. The Tribal Commission may summarily suspend the license of any Key or Standard Gaming Employee if the Tribal Commission determines that the continued licensing of the person or entity could constitute a threat to the public health or safety or may violate the Tribal Commission’s licensing or other standards. Any right to notice or hearing in regard to suspension of the Tribal license shall be governed by Tribal law or Tribal ordinance and regulations.

x. Denial or Revocation of License by the Tribal Commission. Any application for a gaming license may be denied, and any license issued may be revoked by the Tribal Commission, if the Tribal Commission determines that the application is incomplete or deficient, or if the applicant is determined to be unsuitable or otherwise unqualified for a gaming license. Pending consideration of revocation, the Tribal Commission may suspend a license in accordance with Section 11.__. above. All rights to notice and hearing shall be governed by Trial law or ordinance and regulations, as to which the applicant will be notified in writing along with notice of an intent to suspend or revoke the license.

y. Notice of License Application Denial or License Revocation. Upon denial of an initial license application or renewal of a license, or revocation of a license, the Tribal Commission shall notify the applicant or licensee, the State Board or Agency and the Tribal Gaming Operation in writing. The notices to the applicant or licensee, the State Board or Agency and the Tribal Gaming Operation shall set forth a brief summary of the reason(s) for the denial or revocation. The Tribal Commission shall suspend, revoke, or deny renewal of a licensee upon loss of State Board or Agency Certification pursuant to Section 11.__. above. The Tribal Commission shall immediately notify the State Board or Agency of every denial, suspension or revocation of a license.

z. Display of License. The Key or Standard Gaming Employee license issued by the Tribal Commission shall be carried on the person of the licensee in a manner prescribed by the Tribal Commission at all times while at a Gaming Facility. The license shall be surrendered to the Tribal Commission upon license suspension or revocation or upon termination of employment.

aa. Identification Badges. The Tribal Commission shall establish standards and procedures for the issuance and wearing of serially numbered identification badges by all Key or Standard Gaming Employees. No person shall have access to any restricted area in a Gaming Facility without having an authorized and valid identification badge issued by the Tribal Commission prominently appended to the approved location on the employee’s outer garment. The Tribal Commission shall code the design, color(s), wording and lettering of the identification badge in accordance with the job title of the employee. The identification badge shall also include a photograph of the licensee and the expiration date of the gaming license on the identification badge in order that the Tribal Commission may readily identify the person and determine the validity and date of expiration of his or her license. Such identification badge shall remain the property of the Tribal Commission and must be surrendered by the Gaming Employee upon demand by an authorized Tribal Commission representative and in all cases where an employee has been suspended or discharged or has terminated his or her employment. Upon issuance of the badge, the name of each recipient, his or her employment position and the code assigned to his or her badge shall be forwarded to the State Board or Agency.

12. LICENSING OF GAMING RESOURCE SUPPLIERS.

a. Gaming Resource Supplier. Any Gaming Resource Supplier who, directly or indirectly, provides, has provided, or is deemed likely to provide at least twenty-five thousand dollars ($25,000.00) in Gaming Resources in any twelve (12) month period, or has received at least twenty-five thousand dollars ($25,000.00) in any consecutive twelve (12) month period within the twenty-four (24) month period immediately preceding application, shall be licensed by the Tribal Commission prior to the sale, lease, or distribution, or further sale, lease, or distribution, of any such Gaming Resources to or in connection with the Tribe’s Gaming Operation or Gaming Facility. These licenses shall be reviewed at least every two (2) years for continuing compliance. In connection with such a review, the Tribal Commission shall require the Gaming Resource Supplier to update all information provided in the previous application. For the purposes of a renewal application, such a review by the Tribal Commission shall constitute an application for renewal.

The Tribe shall not enter into, or continue to make payments pursuant to, any contract or agreement for the provision of Gaming Resources with any person whose application to the State Board or Agency for a determination of suitability has been denied or has expired without renewal. Any agreement between the Tribe and a Gaming Resource Supplier shall be deemed to include a provision for its termination without further liability on the part of the Tribe, except for the bona fide repayment of all outstanding sums (exclusive of interest) owed as of, or payment for services or materials received up to, the date of termination, upon revocation or non-renewal of the Gaming Resource Supplier’s license by the Tribal Commission based on a determination of unsuitability by the State Board or Agency.

13. APPROVAL OF MANAGEMENT CONTRACTS.

As provided in 25 U.S.C. §2710(d)(9), the Chairman of the National Indian Gaming Commission is required to review and approve any Management Contract for management of the Tribal Gaming Operations conducted pursuant to a Tribal-State Compact in accordance with the provisions of subsections (b), (c), (d), (f), (g) and (h) of 25 U.S.C. §2711. The Tribe shall not enter into any Management Contract for the management of the Tribal Gaming Operations on the Approved Site(s) without the approval of the Chairman of the National Indian Gaming Commission in accordance with the terms of the Act. The Tribe shall provide the Board with notice and a copy of any Management Contract submitted to the National Indian Gaming Commission in accordance with this Section as well as a copy of all supporting materials. The Tribe agrees that the State should be deemed to have standing to conduct its own investigation of the proposed Management Contractor and submit its views regarding approval of such contract to the National Indian Gaming Commission. No Management Contractor shall commence management of the Gaming Facility until all of its Principals and Key Employees have been licensed pursuant to the Key Gaming Employee provisions of this Compact, and the Tribe’s proposed Management Contractor is issued a Tribal gaming license under the provisions of this Compact.

14. REGULATIONS FOR GAMING OPERATION AND MANAGEMENT FOR GAMES OF CHANCE.

a. Adoption of Regulations for Gaming Operation and Management; Minimum Standards. In order to meet the goals set forth in this Compact and required by the Tribe by law, the Tribal Commission, after consulting with and without objection by the State Board or Agency, shall adopt regulations or specifications governing the operation and management of all Class III Gaming Operations. Such standards shall protect the public interest and the integrity of Gaming Operations and reduce the dangers of unsuitable, unfair or illegal practices, methods or activities in the conduct of gaming. The initial regulations or specifications governing the Gaming Operation and management shall, at a minimum, include the following:

i. The enforcement of all relevant laws and rules with respect to the Gaming Operation and Facility, and the power to conduct investigations and hearings with respect thereto, and to any other subject within its jurisdiction;

ii. Ensuring the physical safety of Gaming Operation patrons and employees, and any other person while in the Gaming Facility. Nothing herein shall be construed to make applicable to the Tribe any state laws, regulations, or standards governing the use of tobacco.

iii. The physical safeguarding of assets transported to, within, and from the Gaming Facility;

iv. The prevention of illegal activity from occurring within the Gaming Facility or with regard to the Gaming Operation including, but not limited to, the maintenance of employee procedures and a surveillance system as provided below;

v. The recording of any and all occurrences within the Gaming Facility that deviate from normal operating policies and procedures (hereafter ‘incidents’). The procedure for recording incidents shall:

(1) specify that security personnel record all incidents, regardless of any employee’s determination that the incident may be immaterial (all incidents shall be identified in writing);

(2) require the assignment of a sequential number to each report;

(3) provide for permanent reporting in indelible ink in a bound notebook from which pages cannot be removed and in which entries are made on each side of each page; and

(4) require that each report include, at a minimum, all of the following:

(a) The record number.

(b) The date.

(c) The time.

(d) The location of the incident.

(e) A detailed description of the incident.

(f) The persons involved in the incident.

(g) The security department employee assigned to the incident.

vi. The establishment of employee procedures designed to permit detection of any irregularities, theft, cheating, fraud, or the like, consistent with industry practice;

vii. Maintenance of a list of persons barred from the Gaming Facility who, because of their past behavior, criminal history, or association with persons or organizations, pose a threat to the integrity of the Gaming Activities of the Tribe or to the integrity of regulated gaming within the State;

viii. The conduct of an audit of the Gaming Operation, not less than annually, by an independent certified public accountant, in accordance with the auditing and accounting standards for audits of casinos of the American Institute of Certified Public Accountants;

ix. Submission to, and prior approval, from the Tribal Commission and the State Board or Agency of the rules and regulations of each Class III game to be operated by the Tribe, and of any changes in those rules and regulations. No Class III game may be played that has not received Tribal Commission and State Board or Agency approval;

x. Addressing all of the following:

(1) Maintenance of a copy of the rules, regulations, and procedures for each game as played, including, but not limited to, the method of play and the odds and method of determining amounts paid to winners.

(2) Specifications and standards to ensure that information regarding the method of play, odds, and payoff determinations shall be visibly displayed or available to patrons in written form in the Gaming Facility.

(3) Specifications ensuring that betting limits applicable to any gaming station shall be displayed at the gaming station.

(4) Procedures ensuring that in the event of a patron dispute over the application of any gaming rule or regulation, the matter shall be handled in accordance with, industry practice and principles of fairness, pursuant to the Tribe’s ordinance and any rules and regulations promulgated by the Tribal Commission and the State Board or Agency;

xi. Maintenance of a closed-circuit television surveillance system consistent with industry standards for gaming facilities of the type and scale operated by the Tribe, which system shall be approved by, and may not be modified without approval of, the Tribal Commission. The Tribal Commission shall have current copies of the Gaming Facility floor plan and closed-circuit television system at all times, and any modifications thereof first shall be approved by the Tribal Commission and the State Board or Agency;

xii. Maintenance of a cashier’s cage in accordance with industry standards for such facilities;

xiii. Specification of minimum staff and supervisory requirements for each Gaming Activity to be conducted;

xiv. Technical standards and specifications for the operation of Gaming Devices and other games authorized herein to be conducted by the Tribe, which technical specifications may be no less stringent than those approved by a recognized gaming testing laboratory in the gaming industry.

State Board or Agency

b. Revisions of Regulations or Specifications for the Gaming Operation and Management. The Tribal Commission shall notify the State Board or Agency of any desired revisions of the regulations or specifications for the Gaming Operation and management and request State Board or Agency approval thereof. The State Board or Agency shall approve the revised regulations or specifications upon request by the Tribal Commission unless it finds they would have a material adverse impact on the public interest in the integrity of the Gaming Operations and disapprove only such portions of any proposed revised regulations or specifications that are determined to have a material adverse impact on such public interest, setting forth with specificity the reason(s) for such disapproval. Any disapproval of revised regulations or specifications by the State Board or Agency may be subject to the dispute resolution provisions of this Compact, if all parties consent to such dispute resolution.

c. Technical Standard for Electronic Gaining Devices. Notwithstanding any other provision of this Compact, no Electronic Gaming Device will be operated by the Tribe until the Tribal Commission and the State Board or Agency, or an independent testing laboratory approved by the Tribal Commission and the State Board or Agency has tested that device, and has submitted a written statement to the State Board or Agency and the Tribal Commission certifying that the device meets such technical standards as the Tribal Commission and the State Board or Agency specifies. Receipt of such written statement shall constitute Tribal Commission and State Board or Agency approval to ship the machine to the Tribal Gaming Facility.

d. Class III Regulations Uniformity. In order to foster statewide uniformity of regulation of Class III Gaming Operations throughout the State, rules, regulations, standards, specifications, and procedures of the Tribal Commission in respect to any matter encompassed by this Compact shall be consistent with regulations adopted by the State Board or Agency in accordance with Section 9.a. above.

15. MISCELLANEOUS PROHIBITIONS.

a. Prohibition on Possession of Firearms. No person shall be permitted to bear firearms of any kind within a Tribal Gaming Facility unless he or she is a member of a State, Tribal or federal law enforcement agency authorized to be on the premises in an official capacity. The Tribal Gaming Operation shall take all necessary measures to inform the public of this prohibition.

b. Persons Barred From Facilities. The Tribal Commission shall share with the State Board or Agency a list, as identified in 16.a.vii. above, of persons barred from Tribal Gaming Facilities because their criminal histories, associations with career offenders, or actions pose a threat to the integrity of the Gaming Operation or enhance the dangers of unsuitable, unfair or illegal gaming activities or pose a threat to the safety of the Tribe’s patrons or employees. The Tribal Commission shall exclude persons on such list from entry into Tribal Gaming Facilities. The Tribal Commission shall also exclude persons engaging in disorderly conduct or other conduct jeopardizing public safety from the Gaming Facility.

c. Prohibition on Attendance of Minors. No person under the age of twenty-one (21) shall be admitted into Tribal Gaming Facilities, nor be permitted to place any wager, directly or indirectly; provided that notwithstanding any other provision of this Compact, a person under the age of twenty-one (21) may be employed on the Approved Site(s) if the employment is outside the Gaming Space. The Tribe shall use its best efforts to prevent minors from being admitted to the Gaming Space.

16. MISCELLANEOUS PROVISIONS.

a. Authorized Forms of Payment. All payment for wagers on games conducted by the Tribe on the Approved Site(s) or at the Temporary Facility, including the purchase of chips, plaques or tokens for use in wagering, shall be made by cash, cash equivalent, check or credit card. Credit may only be extended if the procedures meet the requirements contained in the Standards of Operation and Management referenced in this Compact.

b. Sale of Liquor. The Tribe shall enact a tribal liquor ordinance, identical to State laws relating to the sale and regulation of alcoholic beverages as set out in Chapter 138 of the General Laws and Title 204 of the Massachusetts Code of Regulations. The Tribe agrees to collect and pay to the State all applicable State liquor sales taxes on liquor which is sold to non-Indians. Notwithstanding any law or regulation to the contrary, the Tribal Gaming Operation shall be authorized and licensed to purchase, at wholesale, alcoholic beverages for sale to the public on the Approved Site(s).

c. Compliance with Reporting Requirements. The Tribe shall comply with all applicable reporting and withholding requirements of the Internal Revenue Service and the Massachusetts Department of Revenue relating to all forms of Class III wagering conducted by the Tribe, shall maintain accurate records of all such reports and returns and shall implement policies and procedures adequate to assure compliance with such obligations in the Gaming Facility.

d. Organization of Tribal Operations. The Tribal Gaming Operation and the Tribal Commission shall disclose to the State Board or Agency its programs of instructional and on-the-job training and its system of internal organization for its Class III Gaming Operations, including a compendium of all supervisory and management positions involved in the operation of its Gaming Facilities, all supervisory and management positions involved in each type of authorized gaming activity conducted pursuant to the provisions of this Compact and all persons designated to occupy each of those positions on a full or part-time basis. The Tribal Gaming Operation shall promptly notify the State Board or Agency of any change in such training programs, in such system of internal organization or in the persons designated for any supervisory or management position. The Tribal Commission shall ensure that any person designated to occupy a supervisory or management position or members of the Tribal Law Enforcement Agency in the Gaming Facility is properly trained and qualified for such position.

17. TORT REMEDIES FOR PATRONS.

The Tribe agrees to require the Tribal Gaming Operation to maintain a general liability insurance policy with limits of not less than ten million dollars ($10,000,000) per occurrence and five million dollars ($5,000,000) per person to compensate injured patrons of its Class III Gaming Facilities. The Tribe shall, after consultation with the Board, establish procedures for the adjudication and compensation for tort and other claims by patrons of its Gaming Facilities. These procedures shall be posted at public places throughout the Temporary and Permanent Facilities, and shall be set out as an Appendix to this Compact. It is understood that the Tribe’s agreement to this provision is not intended to and does not constitute a waiver of its sovereign immunity from suit with respect to any such claim, and the Tribe’s failure to pay any such claim, in whole or in part, shall not constitute a breach of this Compact nor be grounds for dispute resolution between the Tribe and the State under this Compact. This Section does not preclude an injured party from pursuing any other remedy available under applicable law.

18. TRIBAL CONSTRUCTION OF OTHER FACILITIES ON THE SITE.

a. Entertainment Area. The Tribe will construct an entertainment component on the Approved Site(s). The Tribe currently anticipates that the facility will contain a wide variety of entertainment features.

b. Hotel. The Tribe anticipates that, within eighteen (18) months of occupancy of the Permanent Gaming Facility, it will commence construction of a hotel on the Approved Site(s).

19. TRIBAL PAYMENT OF CERTAIN STATE TAXES.

a. Hotel Taxes. The Tribe agrees to collect and pay to the State or its appropriate subdivision(s) all applicable State and local hotel, sales, excise and occupancy taxes stemming from transactions with non-Indian patrons, but said hotel facility shall remain exempt from any State or local real property tax so long as it is located on Tribal land.

b. Certain Sales and Excise Taxes. The Tribe, when selling alcoholic beverages, cigarettes and other goods and commodities on the Approved Site(s), agrees to collect and pay to the State or its appropriate subdivision(s) all applicable State and local taxes stemming from sales to non-Indians.

c. State and Federal Income Taxes. The Tribe agrees to withhold and pay all applicable State and federal income taxes for employees of all Tribal businesses located on the Approved Site(s) as required by federal law.

d. Unemployment Taxes. The Tribe agrees to withhold and pay all applicable State unemployment taxes for non-Indian employees of all Tribal businesses located on the Approved Site(s).

e. Costs of state tax collection. The Tribe shall retain one percent of all state and local taxes collected by it for remittance to the state in order to defray the costs of collecting, reporting and remitting these state and local taxes.

20. PREFERENCE IN EMPLOYMENT.

To the extent allowed by applicable law, the Tribe agrees that preference in employment at the Gaming Facility and other businesses on the Approved Site(s) shall be given first to members of the Tribe, second to other members of federally recognized Tribes, third to other Native Americans in and within the Commonwealth of Massachusetts; and fourth, to residents of Bristol and Plymouth Counties, Massachusetts, provided however, that all such persons are qualified or can be trained for the positions available.

21. LABOR RELATIONS.

The Tribe agrees that the provisions of the National Labor Relations Act, 29 U.S.C. 151 et seq., shall apply to all businesses and employees operating on the Approved Site(s).

22. TRIBAL FUNDING OF COMPULSIVE GAMBLING AWARENESS, EDUCATION AND REHABILITATION PROGRAMS.

The Tribe shall cooperate with the Board to support and fund an education, awareness and treatment program for compulsive gamblers and shall be subject to the regulations of the Board in implementing such a program.

23. TRIBAL PAYMENT FOR FACILITY RELATED COSTS.

The Tribe agrees to incur or pay to the State for actual costs of roadway and infrastructure improvements necessary at the Approved Site(s) as a result of the establishment and operation of the Gaming Facility. In the event that the State and/or the Host Community is eligible for and receives federal reimbursement in connection with such improvements, the Tribe shall be reimbursed any and all of the reimbursement received.

24. DISPUTE RESOLUTION.

a. General Terms. In recognition of the government-to-government relationship of the Tribe and the State, the Tribe and the State shall make their best efforts to resolve disputes that occur under this Gaming Compact by good faith negotiations whenever possible. All disputes concerning compliance with and interpretation of any provisions of the Compact may be resolved by first, informally meeting and conferring, second, formally meeting and conferring as described herein, and third, if necessary, by arbitration in accordance with the procedures set forth below, provided both parties consent to such alternative dispute resolution.

The State’s and the Tribe’s rights to bring an action pursuant to the Act or any other provision of federal law are hereby preserved. The Tribe’s option to seek a judicial determination of whether activities in dispute are, or must be, permitted pursuant to this Compact is also preserved. Therefore, without prejudice to the right of either the Tribe or the State to seek injunctive relief against the other when circumstances are deemed to require immediate relief, the Tribe and the State hereby establish a threshold requirement that disputes between the Tribe and the State first be subjected to a process of informally and formally meeting and conferring in good faith in order to foster a spirit of cooperation and efficiency in the administration of this Compact.

b. Meet and Confer. The Tribe and the State shall first meet and confer informally pursuant to the following:

i. Either the Tribe or the State shall give the other, as soon as possible after the event giving rise to the concern, a written notice setting forth, with specificity, the issues to be resolved;

ii. The Tribe and the State shall meet and confer in a good faith attempt to resolve the dispute through negotiation not later than ten (10) days after receipt of the notice, unless both parties agree in writing to an extension of time;

iii. If the dispute is not resolved to the satisfaction of the Tribe and the State within thirty (30) days after the first meeting, then either party may seek to have the dispute resolved by arbitration in accordance with this section, but neither the Tribe nor the State shall be required to agree to submit to arbitration;

iv. Disagreements that are not otherwise resolved by arbitration or other mutually acceptable means as provided in 9( ) may be resolved in the United States District Court where the Tribe’s Gaming Facility is located, or is to be located, and the ( ) Circuit Court of Appeals (or, if those federal courts lack jurisdiction, in any state court of competent jurisdiction and its related courts of appeal). The disputes to be submitted to court action include, but are not limited to, claims of breach or violation of this Compact, or failure to negotiate in good faith as required by the terms of this Compact. In no event may the Tribe be precluded from pursuing any arbitration or judicial remedy against the State on the grounds that the Tribe has failed to exhaust its state administrative remedies. The parties agree that, except in the case of imminent threat to the public health or safety, reasonable efforts will be made to explore alternative dispute resolution avenues prior to resort to judicial process.

c. Notice. The party seeking arbitration shall serve upon the other a written notice of demand to arbitrate. Such notice shall be served no later than thirty (30) days after non-resolution through meet and confer or dissatisfaction with the decision under the meet and confer process, and such notice shall specify with particularity the nature of the dispute, the particular provision of this Compact or its Appendix at issue and the proposed relief sought by the party demanding the arbitration.

d. Procedures for Arbitration. If the parties elect to have the dispute determined by arbitration, such arbitration shall be conducted pursuant to the Rules of the American Arbitration Association, and shall be held on the Tribe’s land or, if unreasonably inconvenient under the circumstances, at such other location as the parties may agree. The parties shall propose a mutually agreed upon arbitrator to resolve any given dispute. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and those two arbitrators shall select a third arbitrator. The arbitrator(s) shall be selected within thirty-five (35) days of the notice set forth in subsection c of this section.

e. Arbitration Costs. Each party shall bear its own costs, attorney’s fees, and one-half the costs and expenses of the American Arbitration Association and the arbitrator, unless the decision of the arbitrator(s) shall specify otherwise. All arbitration proceedings shall be conducted to expedite resolution of the dispute and minimize the costs to the participants.

f. Remedies. The arbitrator(s) may impose any relief available in law or equity which is warranted under the circumstances, other than money damages.

g. Arbitration Decision. Failure to comply with the judgment and award of the arbitration within the time specified therein for compliance shall be deemed a breach of this Compact, and the prevailing party may bring an action in a Court of competent jurisdiction to enforce the judgment and award.

h. No Waiver or Preclusion of Other Means of Dispute Resolution. This Section may not be construed to waive, limit, or restrict any remedy that is otherwise available to either party, nor may this Section be construed to preclude, limit, or restrict the ability of the parties to pursue, by mutual agreement, any other method of dispute resolution, including, but not limited to, mediation or utilization of a technical advisor to the Tribal Commission or State Board or Agency; provided that neither party is under any obligation to agree to such alternative method of dispute resolution.

i. Preservation of Remedies. The option to pursue arbitration pursuant to this section is in addition to any other remedies that may be available to the parties under applicable law.

j. Judicial Enforcement. The United States District Court shall have jurisdiction over any cause of action relative to the interpretation or enforcement of this Compact, insofar as it relates to an underlying question of federal law. The Tribe and the State hereby waive any defense which they may have by virtue of their sovereign immunity from suit with respect to any such action in the United States District Court only for the limited purposes of interpreting and enforcing the provisions of this Compact or to enforce a decision of an arbitrator under this Section.

25. GRANT OF EXCLUSIVITY.

a. In recognition of unique circumstances, the Tribe has requested that its Class III gaming facility not be located on the Island of Martha’s Vineyard, an ecologically and environmentally sensitive area within the Commonwealth, which would be adversely affected by the operation of a gaming facility on the Tribe’s reservation, and the Commonwealth has agreed to waive any objections to the application of 25 U.S.C. §2719(b)(1)(B) and to locate the gaming facility at a site not contiguous to the Tribe’s reservation.

b. Settlement of Controversies and Grant of Exclusivity. In full settlement and satisfaction of outstanding controversies between the parties hereto and in consideration of the mutual agreements set forth herein, the parties have agreed on exclusivity set forth in this Section in return for voluntary contributions to the State described in subsection (e). The Tribe agrees that so long as no other Gaming Facility offering Casino Gaming or Electronic Gaming Devices is authorized by State law except as provided in this Compact, and no other person operates such a Facility, the Tribe will make the contributions set forth in subsection (e) of this Section.

c. Absolute Exclusivity. The Tribe and the State agree that the Tribe has absolute exclusivity as follows:

i. In Massachusetts, the Tribe has the only unlimited right to operate Electronic Gaming Devices and the sole and exclusive right to operate Class III games including Slot Machines without regard to numerical restrictions; within the exterior boundaries of the Commonwealth of Massachusetts. It is expressly understood that Section C shall not be deemed to cover, and shall be deemed to exclude: a) games currently offered by the Massachusetts State Lottery, and any future games developed by the Massachusetts State Lottery in accordance with General Laws Chapter 10, section 24; and b) any gaming carried out pursuant to the provisions of General Laws Chapter 271, 7A.

d. Amount of Contribution. The Tribe has determined, after consultation with duly qualified and informed consultants, professionals, and gaming and business experts, that this Compact confers upon the Tribe substantial and significant economic advantage and benefit consistent with the goals of IGRA, and therefore, the Tribe voluntarily agrees that the Tribal contribution shall be annually the sum of 25% of all slot machine Net Revenues.

e. Revenue Sharing. The use of the contributions of the Tribe shall include the following purposes:

i. to help fund operations of local governmental agencies of the State and its political subdivisions;

ii. to provide revenue to the State to cover the costs of licensing and regulation of gaming within the Commonwealth of Massachusetts;

iii. to provide revenue to the State to cover the costs of impacts resulting from gaming; and

iv. for any other use not specifically set forth above which is in compliance with law.

f. Length of Exclusivity. The exclusivity described in subsection (b) of this Section shall have a duration of ten years from the earlier of the date the Tribe opens the Temporary or the Permanent Gaming Facility to the public; provided, however, that such ten year period shall commence to run no later than six (6) months after a Management Contractor has been approved by the Bureau of Indian Affairs and the National Indian Gaming Tribal Commission. In the event the Tribe loses such exclusivity within such ten year period, the Tribe agrees to pay for the actual costs of regulation, licensing, and Compact oversight of the Tribe’s Gaming Facility. If the Tribe loses the exclusivity described in subsection (b) of this Section after completion of the ten year period described in this sentence, the Tribe agrees to make a contribution equal to the greater of: 1) the State’s actual costs for regulation, licensing and Compact oversight of the Tribe’s Gaming Facility, plus eleven (11%) of the amount the Tribe would have paid under this Compact if the exclusivity had been maintained, or 2) an amount calculated at the lowest rate which is paid to the State by any other casino gaming facility operating in the Commonwealth.

g. Lottery Protection. If the growth in lottery receipts is less than the average of the prior five years, the difference in revenues will be provided to the lottery for the purpose of local aid to the municipalities in the Commonwealth, provided the lottery payout percentages do not change and the number of games remains the same, and provided further that any funds provided to the lottery for the purposes described herein shall be taken from the revenue described in Section 27d of this compact.

h. Advance Payment. Following enactment and execution of this compact, the placement of the land into trust and receipt of financing, the Tribe shall give the Commonwealth an advance payment of $100 million dollars to be credited against future obligations of the Tribe to the Commonwealth under this section.

26. AMENDMENT AND MODIFICATION.

a. Compact. The terms and conditions of this Compact may be modified or amended by written agreement of both parties, and any such amendment or modification shall be subject to the approval of the Secretary of the Interior of the United States and the Massachusetts General Court, to the extent required by law. A request to amend or modify this Compact by either party shall be in writing, specifying the manner in which a party requests this Compact to be changed, the reason(s) for the modification and the proposed language. Representatives of the parties shall meet within thirty (30) days of the request and shall expeditiously and in good faith negotiate whether and on what terms and conditions this Compact will be amended or modified.

b. New State Authorized Class III Games. Notwithstanding subsection (a) of this Section, if the State enters into a Class III Gaming Compact with any other Indian Tribe or Nation, and that Compact contains games not currently authorized in this Compact, those new games shall be added automatically to the list of authorized games of chance contained in this Compact.

27. TERMINATION.

Once effective, this Compact shall be in effect until terminated by written agreement of both parties.

28. SOVEREIGN IMMUNITY.

a. Limited Waiver of Sovereign Immunity. In the event that a dispute is to be resolved in federal court or a state court of competent jurisdiction as provided in this Compact, the State and the Tribe expressly consent to be sued therein and waive any immunity therefrom that they may have provided that:

i. The dispute is limited to issues arising under this Compact;

ii. Neither side makes any claim for monetary damages (that is, only injunctive, specific performance, including enforcement of a provision of this Compact requiring payment of money to one or another of the parties, or declaratory relief is sought);

iii. No person or entity other than the Tribe and the State is party to the action, unless failure to join a third party would deprive the court of jurisdiction; provided that nothing herein shall be construed to constitute a waiver of the sovereign immunity of either the Tribe or the State in respect to any such third party;

iv. Except as specifically provided herein, neither the State nor the Tribe by entering into this Compact waives any sovereign immunity they may have under State, federal or Tribal law.

b. Third Party. In the event of intervention by an additional party into any such action without the consent of the Tribe and the State, the waivers of either the Tribe or the State provided for herein may be revoked, unless joinder is required to preserve the court’s jurisdiction; provided that nothing herein shall be construed to constitute a waiver of sovereign immunity of either the Tribe or the State in respect to any such third party.

c. Civil Actions. The waivers and consents provided for under this Section shall extend to civil actions authorized by this Compact, including, but not limited to, actions to compel arbitration, any arbitration proceeding herein, any action to confirm or enforce any judgment or arbitration award as provided herein, and any appellate proceedings emanating from a matter in which an immunity waiver has been granted. Except as stated herein or elsewhere in this Compact, no other waivers or consents to be sued, either express or implied, are granted by either party.

29. CALCULATION OF TIME.

In computing any period of time prescribed or allowed by this Compact, the day of the act, event or default from which the designated period of time begins to run shall not be included.

30. ENTIRE AGREEMENT.

This Compact is the entire agreement between the parties and supersedes all prior agreements between the parties with respect to Gaming. Neither this Compact nor any provision herein may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by both parties.

31. COUNTERPARTS.

This Compact may be executed by the parties in any number of separate counterparts with the same effect as if the signatures were upon the same instrument. All such counterparts shall together constitute one and the same document.

32. SEVERABILITY.

In the event that any Section, subsection or provision of this Compact is held invalid, or its application to any particular activity is held invalid, it is the intent of the parties that the remaining Sections, subsections and provisions of this Compact and the remaining applications of such Section, subsections or provisions shall continue in full force and effect. This Section shall not apply if Section 27, or any subsection or material provision thereof, is held invalid.

33. EFFECTIVE DATE.

This Compact shall become effective at the later of (1) the Secretary of the Interior’s publication of this Compact in the Federal Register or (2) the enactment of the Compact by the Massachusetts General Court and approval of such enactment by the Governor.

34. NOTICES.

All notices and other communications required or authorized to be served in accordance with this Compact shall be served by registered or certified mail, return receipt requested, or by a courier service which provides for a record of dates of dispatch and receipt, at the following addresses:

Governor, Commonwealth of Massachusetts
Office of the Governor
State House, Executive Office
Boston, MA 02133
Chairperson

Wampanoag Tribe of Gay Head (Aquinnah)
Black Brook Road
Gay Head, MA 02535-9701

or to such other address or addresses as either the Tribe or the State may from time to time designate in writing.

35. FILING OF COMPACT WITH SECRETARY OF STATE.

Upon enactment by the Massachusetts General Court and execution by the Governor of the Commonwealth of Massachusetts and, a certified copy of this Compact shall be filed by the Governor with the Commonwealth’s Secretary of State. Any subsequent amendment or modification of this Compact shall be similarly filed.

IN WITNESS WHEREOF, the Tribal Chairperson acting for the Wampanoag Tribe of Gay Head (Aquinnah), and the Governor of the Commonwealth of Massachusetts hereto set their hands and seals.

Date _______________

Date _______________

By _______________

By _______________

Beverly Wright, Chairperson Governor

APPROVAL BY THE SECRETARY OF THE INTERIOR

The Secretary of the Interior (‘Secretary’) is charged by the Indian Gaming Regulatory Act at 25 U.S.C. §2710(d)(8)(A) with approving certain Compacts between Indian tribes and States of the United States. The Secretary’s approval of a Compact pursuant to IGRA does not make the Secretary or the United States a party to the Compact. The undersigned representative of the Secretary has reviewed that certain Compact, executed by and between the Wampanoag Tribe of Gay Head (Aquinnah) and the Commonwealth of Massachusetts dated __________ , to ensure the Compact complies with the requirements of IGRA and other applicable federal laws and regulations. The undersigned finds that the Compact complies with and satisfies the requirements of IGRA. Accordingly, pursuant to the authority delegated to me by 209 DM 8, the undersigned hereby approves said Compact.

Dated _______________ , 2002

By _______________

Assist. Secretary
United States Department of the Interior”.
The amendment was rejected.

Ms. Menard and Messrs. Moore, Tarr, Knapik, Rosenberg and O’Leary moved to amend the bill by inserting after section 73 the following section:—

“SECTION 73A. Notwithstanding any general or special law to the contrary, an employee in the service of the commonwealth, or of a county, city or town that accepts this section as provided in this section, who has been granted a military leave of absence because the employee is a member of the army national guard, the air national guard or a reserve component of the armed forces of the United States called to active service in the armed forces of the United States after September 11, 2001 shall be entitled to receive pay at his regular base salary as such a public employee and shall not lose seniority or any accrued vacation leave, sick leave, personal leave, compensation time or earned overtime. An employee eligible under this section shall be paid his regular base salary as such a public employee reduced by any amount received from the United States as pay or allowance for military service performed during the same pay period, excluding overtime pay, shift differential pay, hazardous duty pay or other additional compensation. For the purposes of this section, the term ‘active service’ shall not include active duty for training in the army national guard or air national guard or as a reservist in the armed forces of the United States. This section shall take effect in a county, city or town upon its acceptance in a county, by vote of the county commissioners, and in a city or town, as provided in section 4 of chapter 4.”; and by inserting after section 83 the following section:—

“SECTION 83A. Section 73A shall cease to be effective on September 11, 2003.”
The amendment was rejected.

Mr. Glodis moved to amend the bill by inserting after section 26 the following section:—

“SECTION 26A. Chapter 90 of the General Laws is hereby amended by inserting after section 17B the following section:—

Section 17C. Low speed vehicles, as defined in 49 C.F.R. §571.500, shall not be operated on roadways with speed limits in excess of 25 m.p.h., but such vehicles may cross a roadway with a speed limit of between 25 m.p.h. and 35 m.p.h. if the crossing is controlled by a traffic signal or stop signs; and operation of such vehicles shall also be prohibited on any roadway or crossing that is determined to be inappropriate for the use of such vehicles by the department, agency, or municipality with jurisdiction over such roadways or crossings.”
The amendment was rejected.

Mr. Glodis moved to amend the bill by inserting after section 27 the following section:—

“SECTION 27A. (A) Said chapter 90 of the General Laws, is hereby amended by inserting after section 20G the following 2 sections:—

Section 20H. Notwithstanding sections 20 and 20A, an armored vehicle used for the transportation of currency, valuables, jewelry, food stamps or any other high value items, may park for a period not to exceed 15 minutes in violation of any rule, order, ordinance or by-law regarding the parking of motor vehicles without being subject to a violation notice.

Section 20I. (a) The secretary of public safety shall promulgate rules and regulations relative to the licensing of armored car companies and the licensing and training of armored car guards. In such licensing, the secretary shall require the holder of a license for an armored car company to submit to background checks, to make available corporate tax returns that are filed in the commonwealth for 2 prior years, and to provide proof of all risk insurance at levels sufficient to protect the citizens of the commonwealth. Armored car companies shall submit to any and all licensing requirements established by the secretary after consultation with the armored car advisory board.

(b) The Armored Car Advisory Board shall be comprised of 5 members representing armored car companies operating within the commonwealth.

Such members shall be appointed by the secretary and shall receive no compensation for any and all services rendered under this section.

(c) In establishing a licensing program, the secretary shall require armored car guard applicants to submit to criminal history background checks, including a review of criminal records through the Federal Bureau of Investigation.

(d) The secretary shall also require armored car guard applicants to complete a training program, classroom and field, to be developed by the secretary in conjunction with the Massachusetts criminal justice training council and the armored car advisory board. Any training program established under this section shall be germane to the duties and responsibilities of armored car guards.

(e) The training and licensing programs established under this section shall be in compliance with the requirements of the federal Armored Car Reciprocity Act, 15 U.S.C. sections 5901 to 5904, inclusive.

(f) Armored car companies licensed under this section shall determine their own operational requirements.

(B) Promulgation of rules and regulations required by section 20I of chapter 90 of the General Laws shall be completed not later than 1 year from the passage of this act”.

The amendment was rejected.

Messrs. Glodis and Hedlund moved to amend the bill by inserting after section 11 the following section:—

“SECTION 11A. (A) Section 2 of Chapter 21 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the word ‘seven’ and inserting in place thereof the following figure:— 8.

(B) Section 2A of said chapter 21, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:—

The commissioner shall request each of the boards of trustees or directors of the Massachusetts Audubon Society, the Massachusetts Chapter of the Appalachian Mountain Club, the Massachusetts Chapter of the Sierra Club, and the Trustees of Reservations, to nominate 3 candidates for the seventh member of the board. The commissioner shall also request each of the boards of directors of the Snowmobile Association of Massachusetts, the New England Trail Riders Association, the Massachusetts All Terrain Vehicle Association and the Massachusetts Motorcycle Business Association or their successor organizations, to nominate 3 candidates for the eighth member of the board. From the nominations received from the several boards of such organizations for the seventh member of the board, the commissioner shall select 3 candidates for the seventh member of the board whom he shall recommend to the governor and from the nominations received from the several boards of such organizations for the eighth member of the board, the commissioner shall select 3 candidates for the eighth member of the board whom he shall recommend to the governor. The governor shall appoint the seventh and eighth members of the board, respectively, from among the candidates recommended by the commissioner for the seventh and eighth members of the board, respectively, which members shall be appointed without regard to the county membership restrictions outlined above.”
The amendment was rejected.

Mr. Berry moved to amend the bill by inserting after section 33 the following section:—

“SECTION 33A. Chapter 118E of the General Laws is hereby amended by inserting after section 17A the following section:—

Section 17B. A decision of the drug utilization review board established by the division pursuant to 42 U.S.C. section 1396r-8, the division, or any other organization acting on behalf of a state agency limiting, authorizing in advance or otherwise restricting access to a drug shall be supported by a clinical determination that is documented in writing and available to the public upon request. Following any such decision, but before its implementation, a public hearing shall be held consistent with chapter 30A.”
The amendment was rejected.

Messrs. Berry, Knapik, Morrissey and Tisei moved to amend the bill by inserting after section 35, the following section:—

“SECTION 35A. Section 47A of chapter 164 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 37, the word ‘shall’ and inserting in place thereof the following word:— ‘may’.”
The amendment was rejected.

Messrs. Knapik and Tarr moved to amend the bill by inserting after section 40 the following section:—

“SECTION 40A. Section 1 of chapter 258 of the General Laws is hereby amended by inserting after the word ‘plant’, in line 46, the following words:— ‘the Pioneer Valley Transit Authority and its motor vehicle operator-contractors,'.”
The amendment was rejected.

Mr. Berry moved to amend the bill by inserting after section 17, the following section:—

“SECTION 17A. The General Laws are hereby amended by inserting after Chapter 30B the following chapter:—

CHAPTER 30C.

MASSACHUSETTS DATA SHARING REQUIREMENT.

Section 1. (a) The purposes of this chapter is to enable legislators and legislative staff to gain insight into variable data sources in a format of their choosing to support budgetary decision making. All agency systems procured or developed, exceeding $2 million in overall cost, must have a data sharing tool as a component of the whole.

Section 2. The data sharing tool shall have the following capabilities: (i) a reporting component that provides access to both scheduled reports and on-demand reporting which shall enable users to either drill into or access directly the underlying detailed information within agency systems; (ii) an ‘Ad Hoc Query’ component that provides real-time access to all data residing in all relevant agency systems which must use common english to promote ease of use; (iii) a multidimensional analysis capability to facilitate a holistic view of the data and business of the relevant agencies which must allow for combination views which can be used to expose fluctuations and patterns that often remain hidden in traditional report formats; and (iv) universal access through the world wide web that can support legislators and staff by providing entry points to shared and personal information services.”
The amendment was rejected.

Messrs. Hedlund and Tarr moved to amend the bill by inserting after section 18 the following section:—

“SECTION 18A. Section 29 of chapter 40B 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, a planning board may adopt a rule or regulation that requires any dwelling qualifying as affordable be deed restricted to remain such for at least 40 years. The planning board may also negotiate a longer term if it so desires.”
The amendment was rejected.

Messrs. Hedlund and Tarr moved to amend the bill by inserting after section 18, the following section:—

“SECTION 18A. Section 20 of chapter 40B of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the word ‘organizations,’, in line 20, the following sentence:— Notwithstanding the foregoing, no condition or regulation imposed by a board of zoning appeals shall be deemed to render a low or moderate income housing project uneconomic if such condition or regulation: (1) in the opinion of the zoning board of appeals, imposes reasonable limitations concerning the bulk and height of structures, yard sizes, lot areas, setbacks, open space, parking and building coverage; or (2) in the opinion of the zoning board of appeals, operates to prevent the development of a parcel that is physically or environmentally unsuitable for the density of development proposed.”
The amendment was rejected.

Messrs. Glodis and Hedlund moved to amend the bill by inserting after section 27 the following section:—

“SECTION 27A. (A) Section 20 of chapter 90B of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding the following definition:

‘Trails maintenance assessment’, a resident or nonresident permit issued to snowmobiles by the nonprofit Snowmobile Association of Massachusetts or its successor organization granting use of Massachusetts snowmobile trails on public and private property for which permission has been granted, or issued to trail motorcycles by the nonprofit New England Trail Riders Association — Massachusetts Division or its successor organization or to all terrain vehicles by the nonprofit Massachusetts All Terrain Vehicle Association or its successor organization, as the case may be, granting use of Massachusetts trail motorcycle or all terrain vehicle trails, as the case may be, on public and private property for which permission has been granted.

(B) Said chapter 90B is hereby further amended by striking out section 21, as so appearing, and inserting in place thereof the following section:—

Section 21. No person shall operate a snow vehicle or a recreation vehicle unless such vehicle has been registered in accordance with the provisions of this chapter and displays a trails maintenance assessment decal for a snow vehicle, trail motorcycle or a all terrain vehicle, as the case may be, at a location on said snow vehicle, trail motorcycle or all terrain vehicle, as the case may be, as may be determined by the director in accordance with section 22, except on land owned by the owner of such vehicle.

Any properly registered snow vehicle or recreation vehicle when operated solely on privately owned property when the operator has in his possession either a document, signed by the owner or lessee of the property, or his agent, authorizing the operation of such vehicle on the property by the operator, shall not require a trail maintenance assessment decal.

(C) Section 38A of chapter 132 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following 4 sentences:—

The department of environmental management shall construct and maintain trails for horseback, trail motorcycle and all terrain vehicle riding, mountain biking, dog sledding, hiking, ski touring, snowmobiling, and other uses on land within its control in accordance with a plan for each area which will minimize conflicting uses, but allow each of the aforementioned activities sufficient trail mileage to participate comfortably and safely in these legitimate recreational activities. The trails for these horseback, trail motorcycle and all terrain vehicle riding, mountain biking, dog sledding, hiking, ski touring and snowmobiling and other uses shall be open year round, except when weather or trail conditions render the trail usage unsafe or a significant threat to the condition of department resources. Snowmobiles shall operate on these trails only if covered with snow consisting of 4 inches or more of packed powder. Trail motorcycles and all terrain vehicles shall not operate on these trails covered with snow consisting of 4 inches or more of packed powder.

(D) Said section 38A of said chapter 132, as so appearing, is hereby further amended by striking out the third sentence and inserting in place thereof the following 3 sentences:— To the extent practicable, the voluntary services of trail-using organizations and individuals shall be utilized in carrying out the work authorized by this section. The commissioner of the department of environmental management may require a trail motorcycle club which is a member of the New England Trail Rider Association or its successor organization or an all-terrain vehicle club which is a member of the Massachusetts All Terrain Vehicle Association or its successor organization, or both, to sign a memorandum of agreement for trail maintenance in each location meeting or which need to meet the standards of the first and second sentences. If the commissioner requires a memorandum of agreement to be signed for a particular location and there is no such trail motorcycle club or all terrain vehicle club available to sign that agreement, then riding of that particular type of vehicle shall be prohibited until there is such a club available to sign and the club signs such a memorandum.”
The amendment was rejected.

Mr. Moore moved to amend the bill by inserting after section 7 the following section:—

“SECTION 7A. Chapter 10 of the General Laws is amended by striking out section 35M, as so appearing, and inserting in place thereof the following section:—

“Section 35M. There shall be established upon the books of the commonwealth a separate fund to be known as the Board of Registration in Medicine Trust Fund to be used, without prior appropriation, by the board established in section 10 of chapter 13. One hundred percent of the revenues collected by the board shall be deposited into the trust fund. All monies deposited into the fund shall be expended exclusively by the board for its operations and administration; provided, however, that any unexpended balance at the end of the fiscal year shall revert to the General Fund. The board may incur expenses, and the comptroller may certify for payment, amounts in anticipation of expected receipts but no expenditures shall be made from the fund which shall cause it to be in deficit at the close of each fiscal year.”
The amendment was rejected.

Messrs. Moore and Tarr moved to amend the bill by inserting after section 3 the following section:—

“SECTION 3A. Section 7 of chapter 4 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out clause Forty-third and inserting in place thereof the following clause:—

‘Forty-third, “veteran”, (1) a person: (a) whose last discharge or release from wartime service as defined in this section, was under honorable conditions; and (b) who served in the U.S. Army, Navy, Marine Corps, Coast Guard or Air Force or full-time National Guard under Title 10 or 32 of the United States Code or section 38, 40 or 41 of chapter 33 of the General Laws for not less than 90 days of continuous active service, at least 1 day of which was for wartime service; provided, however, that a person who served in wartime and was awarded a service-connected disability or a Purple Heart or who died in such service under conditions other than dishonorable, shall be deemed to be a veteran notwithstanding his failure to complete 90 days of active service; (2) a member of the American Merchant Marine who served in armed conflict between December 7, 1941 and December 31, 1946 and who has received honorable discharges from the United States Coast Guard, Army or Navy; (3) a person: (a) whose last discharge from active service was under honorable conditions; and (b) who served in the United States Army, Navy, Marine Corps, Coast Guard or Air Force for not less than 180 days of active service; provided, however, that any person who so served and was awarded a service-connected disability or who died in such service under conditions other than dishonorable shall be a veteran notwithstanding his failure to complete 180 days of active service.”
The amendment was rejected.

Mr. Moore, Ms. Walsh, Mr. Tarr, Ms. Resor, Ms. Creem, Ms. Fargo and Messrs. O’Leary, Magnani and Joyce moved to amend the bill by inserting after section 45 the following section:—

“SECTION 45A. Section 219 of chapter 127 of the acts of 1999 is hereby amended by striking out, in line 9, the word ‘five’ and inserting in place thereof the following figure:— 7.”
The amendment was rejected.

Messrs. Knapik, Lees and Rosenberg, Ms. Melconian and Mr. Brewer moved to amend the bill by inserting after section 73 the following section:—

“SECTION 73A. The Soldiers’ Home in Holyoke may retain funds received as federal reimbursements for capital repairs and renovations. The funds shall be expended for additional capital improvements projects subject to the approval of the division of capital asset management and maintenance.”
The amendment was rejected.

Mr. Creedon moved to amend the bill by inserting after section 40 the following section:—

“SECTION 40A. Section 39 of chapter 262 of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following subparagraph:—

For the entry of every original petition or writ and transmitting it to the recorder, when filed with an assistant recorder, $200. An additional fee of $50 shall be paid for the issuance of an injunction or restraining order.”
The amendment was rejected.

Mr. Moore moved to amend the bill by inserting after section 17 the following section:—

“SECTION 17A. (A) Chapter 29 of the General Laws is hereby amended by inserting after section 2EEE, the following section:—

Section 2FFF. There is hereby established and set up on the books of the commonwealth, a separate fund to be known as the Commonwealth Health Care Stabilization Fund, consisting of amounts transferred to the fund in accordance with section 5C, such monies as may be appropriated to the fund by the general court and income derived from the investment of monies transferred or appropriated to the fund. The purpose of the fund shall be to provide for supplemental monies which shall be expended, subject to appropriation, to supplement existing levels of funding for the purpose of funding health-related services and programs including, but not limited to, services and programs intended to promote the public health and well-being of the citizens. Amounts credited to the fund shall be used to stabilize service and program accounts in the departments of mental health and public health and the division of medical assistance during times in which the lack of state revenues require funding at levels less than funding levels from the previous fiscal year in accounts under the jurisdiction of said division and departments.

The fund shall ensure the stabilization and fiscal solvency of health-related services and programs and shall be under the direction and control of the secretary of administration and finance, in consultation with the secretary of health and human services, and shall operate exclusively for the purpose of protecting and advancing the commonwealth’s interest in maintaining the physical, mental and public health of all citizens as provided in this act.

(B) Section 5C of said chapter 29 is hereby amended by striking out clause (b), as appearing in subdivision (c) of section 13 of chapter 177 of the acts of 2001 and inserting in place thereof the following clause:—

(b) Fifty per cent of any remaining amount of such consolidated net surplus shall be transferred to the Commonwealth Stabilization Fund from the General Fund, 45 per cent of any remaining amount of such consolidated net surplus shall be transferred to the Commonwealth Stabilization Fund from the Local Aid Fund and 5 per cent of any remaining amount of such consolidated net surplus shall be transferred to the Commonwealth Health Care Stabilization Fund. The comptroller shall annually on or before the following second Wednesday in January adjust the transferred amounts to reflect the results of the single audit of the commonwealth’s financial statements required by the federal government for each fiscal year.”
The amendment was rejected.

Messrs. Creedon and Glodis and Ms. Melconian moved to amend the bill by inserting after section 40 the following 2 sections:—

“SECTION 40A. Section 87A of chapter 276 of the General Laws, as so appearing, is hereby amended by striking out, in line 10, the figure ‘$50’ and inserting in its place thereof the following figure:— $60.

SECTION 40B. Said section 87A of said chapter 276, as so appearing, is hereby further amended by striking out the third and fourth paragraphs and inserting in place thereof the following paragraph:—

The court may not waive payment of the probation fee but may defer payment or schedule payment at a reduced rate for a fixed period of time. ”
The amendment was rejected.

Mr. Hart and Ms. Menard moved to amend the bill by inserting after section 3, the following section:—

“SECTION 3A. Section 7 of chapter 4 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out clause Forty-third and inserting in place thereof the following clause:—

“Forty-third, Veteran shall mean (1) any person, (a) whose last discharge or release from his wartime service as defined herein, was under honorable conditions and who (b) served in the army, navy, marine corps, coast guard, or air force of the United States, or on full time national guard duty under Titles 10 or 32 of the United States Code or under sections 38, 40 and 41 of chapter 33 for not less than 90 days active service, at least 1 day of which was for wartime service, provided, that any person who so served in wartime and was awarded a service-connected disability or a Purple Heart, or who died in such service under conditions other than dishonorable, shall be deemed to be a veteran notwithstanding his failure to complete 90 days of active service;

(2) a member of the American Merchant Marine who served in armed conflict between December 7, 1941 and December 31, 1946, and who has received honorable discharges from the United States Coast Guard, Army or Navy;

(3) any person (a) whose last discharge from active service was under honorable conditions and who (b) served in the army, navy, marine corps, coast guard, or air force of the United States for not less than 180 days active service, provided, that any person who so served and was awarded a service-connected disability or who died in such service under conditions other than dishonorable, shall be deemed to be a veteran notwithstanding his failure to complete 180 days of active service.”
The amendment was rejected.

Messrs. Lees, Hedlund, Knapik and Mrs. Sprague moved to amend the bill by inserting after section 38, the following section:—

“SECTION 38A. Chapter 215 of the General Laws is hereby amended by striking out section 56B and inserting in place thereof the following section:—

Section 56B. Any judge of a probate and family court may appoint a guardian ad litem to institute contempt proceedings under section 34A against any party for failure to obey judgments of the probate and family court involving care, custody or maintenance of minor children, and the guardian ad litem may personally serve throughout the commonwealth any summons or capias incidental to the enforcement of this section. The compensation, together with any expense, shall be fixed by the court and shall be paid by the commonwealth, upon certificate by the judge to the state treasurer or by the defendant, as the court may order. The state police, local police and probation officers shall assist the guardian ad litem so appointed, upon his request.”
The amendment was rejected.

Messrs. Lees, Hedlund, Knapik and Mrs. Sprague moved to amend the bill by inserting after section 38, the following section:—

“SECTION 38A. Chapter 215 of the General Laws is hereby amended by striking out section 56A and inserting in place thereof the following section:—

Section 56A. Any judge of a probate and family court may appoint a guardian ad litem to investigate the facts of any proceeding pending in the court relating to or involving questions as to the care, custody or maintenance of minor children and as to any matter involving domestic relations except those for the investigation of which provision is made by section 16 of chapter 208. The guardian ad litem shall, before final judgement or decree in such proceeding, report in writing to the court the results of the investigation, and such report shall be open to inspection to all the parties in such proceeding or their attorneys. The compensation, together with any expense, shall be fixed by the court and shall be paid by the commonwealth, upon certificate by the judge to the state treasurer or by one or both of the parties, as the court may order. The state police, local police and probation officers shall assist the guardian ad litem so appointed, upon his request.”
The amendment was rejected.

Mr. Lees moved to amend the bill by inserting after section 35 the following section:—

“SECTION 35A. Section 15 of chapter 152 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the next to last sentence and inserting in place thereof the following sentence:— Nothing in this section or in section 18 or 24 shall bar an action at law for damages for personal injuries or wrongful death by an employee against any person other than (1) the insured person employing such employee and liable for the payment of the compensation provided by this chapter for the employee’s personal injury or wrongful death and the persons employees, and (2) an employee leasing company and its client company, as defined in section 14A, if each are in compliance with this chapter.”
The amendment was rejected.

Messrs. Lees, Tisei and Knapik moved to amend the bill by inserting, after section 35, the following section:—

“SECTION 35A. The General Laws are hereby amended by inserting after chapter 128C the following chapter:

CHAPTER 128D.

THE MASSACHUSETTS GAMING COMMISSION.

Section 1. There is hereby created a body politic and corporate to be known as the Massachusetts Gaming Commission which, while within the executive office of Administration and Finance, shall not be subject to the supervision and regulation of the executive office or any other department, commission, board, bureau or agency except as specifically provided in any general or special law to the contrary. The commission may, subject to the provisions of this chapter, develop within 60 days of the passage of this chapter, a fair and equitable plan to implement, license, regulate, improve, police, administer, control and operate (a) casino gaming and related activities and services as defined herein; and (b) the gaming service industry as defined herein throughout the commonwealth. Upon or before the sixtieth day, the plan shall be submitted to the governor and the attorney general for approval. Subject to and upon the approval of the officials, the plan shall be implemented, subject to this chapter and notwithstanding any general or special law to the contrary.

The commission is hereby constituted a public instrumentality. The exercise by the commission of the powers conferred by this chapter shall be deemed and held to be the performance of an essential governmental function.

Section 2. (a) The commission shall consist of 3 members to be appointed by the governor who shall be residents of the commonwealth, not more than 2 of whom shall be of the same political party. The governor shall designate 1 of the members as chairperson who shall serve as such during his term of office. A person shall not be eligible for appointment to the commission if he:

(1) holds elective office in state, county, or local government.

(2) is an officer or official of any political party.

(3) was formerly a licensee or an unlicensed employee of a gaming licensee within the last five years prior to an appointment to the commission.

(4) is actively engaged or has direct pecuniary interest in gaming activities.

(5) has been convicted of a felony.

The term of office of each member of the commission shall be 5 years. After the initial term, the term of office for each member of the commission is 5 years; provided that no member may serve more than 2 consecutive 5 year terms. Any vacancies shall be filled by the governor within 60 days of the occurrence of a vacancy. Any member of the commission may continue beyond the expiration date of his term until the appointment of a successor but not longer than 6 months. A commissioner may be removed by the governor for just cause. The governor shall immediately remove any commissioner who violates or acts contrary to the eligibility requirements established in subsection (a).

(b) The commission member shall devote time and attention to the business of the commission as necessary to discharge their duties. The chairman shall devote his time during normal business hours to the business of the commission. For the purposes of this chapter, the chairman shall be paid an annual salary of $130,000.

The members of the commission shall be compensated for work performed for the commission at $50,000 per annum. Commission members shall be reimbursed for travel and other costs necessarily incurred in the performance of official duties. Before entering upon the duties of the office, each member shall swear that he is not pecuniarily interested in any business or organization holding a gaming license, or doing business with any gaming service industry, and shall submit to the governor and the state ethics commission a statement of financial interest, required by chapter 268B, listing all assets and liabilities, property and business interests, and sources of income of said commissioner and spouse. The statement shall be under oath and shall be filed at the time of employment and annually thereafter. No commission member shall have any interest, direct or indirect, in any applicant or any person licensed or registered with the commission during his term of office. A member of the commission shall be eligible for reappointment. The commission shall elect 1 of the members as vice chairperson thereof. Two members of the commission shall constitute a quorum and the affirmative vote of 2 members shall be necessary for any action taken by the commission. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the commission.

The members shall be eligible to participate in any benefit plan approved by the commission. The commission may indemnify any member, officer or employee from personal expenses or damages incurred, arising out of any claim, suit, demand or judgment which arose out of any act or omission of such member, officer or employee, including the violation of the civil rights of any person under any federal law if, at the time of such act or omission such member, officer or employee was acting within the scope of his official duties or employment.

Section 3. The following words shall have the following meanings unless the context clearly requires otherwise:—

(a) ‘Gaming service industry’, any form of enterprise which provides more than $100,000 per annum in goods or services regarding the realty, construction, maintenance, or business of a proposed or existing gaming facility on a regular basis which directly relate to gaming activities or indirectly relate to gaming operations including, without limitation, junket enterprises; security businesses; manufacturers; suppliers, distributors, and servicers of gaming equipment or devices; waste disposal companies; maintenance companies; schools teaching gaming and either playing or dealing techniques; suppliers of alcoholic beverages, food and nonalcoholic beverages; vending machine providers; linen suppliers; shopkeepers located within the approved hotels; limousine services; and construction companies contracting with gaming applicants or licensees provided that professional services such as accountants, auditors, attorneys, and broker dealers, or other professions which are regulated by a public agency, are exempt from the provisions of this subsection.

(b) ‘Game’ and ‘gambling game’, any game approved by the commission and played with cards, dice, equipment or any mechanical, electromechanical or electronic device or machine, including slot machine as defined by this act, for money, property, checks, credit or any representative of value, but does not include games played with cards in private homes or residences in which no person makes money for operating the game, except as a player, or games defined within chapter 10 or chapter 271.

(c) ‘Casino gaming,’ ‘gambling’ and ‘gaming operations’, to deal, operate, carry on, conduct, maintain, or expose for play any games as defined by this section.

(d) ‘Gaming license’ or ‘license’, any license or work permit issued by the commission under this chapter that authorizes the person named therein to engage or participate in controlled, gaming, including work permits and licenses issued to gaming establishments, to gaming suppliers, to parties in interest to gaming schools, and to officers and directors of licensed persons or entities;

(e) ‘Chairman’, chairman of the Gaming Commission.

(f) ‘Commission’, the Massachusetts Gaming Commission.

(g) ‘Commissioner’, a member of the Gaming Commission.

Section 4. Notwithstanding this, the commission may:

(a) adopt by-laws for the regulation of its affairs and the conduct of its business;

(b) adopt an official seal and alter the same at its pleasure;

(c) maintain offices at such places within the commonwealth as it may determine and to conduct meetings of the commission in accordance with the by-laws of the commission and the second paragraph of section 59 of chapter 156B;

(d) sue and be sued in its own name, plead and be impleaded;

(e) regulate gaming or gambling activities and services related to gaming subject to this act, and upon establishment of casino gaming or operation of electronic gaming devices or both.”

The amendment was rejected.

Messrs. Lees, Tisei and Knapik moved to amend the bill by inserting, after section 35, the following section:—

“SECTION 35A. The General Laws are hereby amended by inserting after chapter 128C the following chapter:—

CHAPTER 128D.

THE MASSACHUSETTS GAMING COMMISSION.

Section 1. The Massachusetts Gaming Commission.

There is hereby created a body politic and corporate to be known as the Massachusetts Gaming Commission which, while within the executive office of Administration and Finance, shall not be subject to the supervision and regulation of said executive office or any other department, commission, board, bureau or agency except as specifically provided in any general or special law to the contrary. The commission is hereby authorized and empowered, subject to the provisions of this chapter, to implement, license, regulate, improve, police, administer, control and operate (a) casino gaming and related activities and services as defined herein; and (b) the gaming service industry as defined herein throughout the Commonwealth of Massachusetts.

The commission is hereby constituted a public instrumentality. The exercise by the commission of the powers conferred by this chapter shall be deemed and held to be the performance of an essential governmental function.

Section 2. Commission Members.

(a) The commission shall consist of three members to be appointed by the governor who shall be residents of the commonwealth, not more than two of whom shall be of the same political party. The governor shall designate one of the members as chairperson who shall serve as such during his term of office. Pursuant to the following provisions, a person shall not be eligible for appointment to the commission if he or she:

(1) holds elective office in state, county, or local government.

(2) is an officer or official of any political party.

(3) was formerly a licensee or an unlicensed employee of a gaming licensee within the last five years prior to an appointment to the commission.

(4) is actively engaged or has direct pecuniary interest in gaming activities.

(5) has been convicted of a felony.

The term of office of each member of the commission shall be five years. After the initial term, no member may serve more than two consecutive five-year terms. Any vacancies shall be filled by the governor within 60 days of the occurrence of such vacancy. Any member of the commission may continue beyond the expiration date of his term until the appointment of a successor but not longer than six months. Any Commissioner may be removed by the Governor for just cause. The Governor shall immediately remove any commissioner who violates or acts contrary to the eligibility requirements established in subsection (a) of this section.

(b) The commission members shall devote time and attention to the business of the commission as necessary to discharge their duties; provided, however, the chairman shall devote his or her time during normal business hours to the business of the commission. For the purposes of this chapter, the chairman shall be paid an annual salary of one hundred and thirty thousand dollars. The members of the commission shall be compensated for work performed for the commission at fifty thousand dollars per annum. Commission members shall be reimbursed for travel and other costs necessarily incurred in the performance of official duties. Before entering upon the duties of the office, each member shall swear that he is not pecuniarily interested in any business or organization holding a gaming license under this act, or doing business with any gaming service industry, as defined by this act, and shall submit to the governor and the state ethics commission a statement of financial interest, required by chapter 268B of the general laws, listing all assets and liabilities, property and business interests, and sources of income of said commissioner and spouse. Such statement shall be under oath and shall be filed at the time of employment and annually thereafter. No commission member shall have any interest, direct or indirect, in any applicant or any person licensed or registered with the commission during his term of office. A member of the commission shall be eligible for reappointment. The commission shall elect one of the members as vice chairperson thereof. Two members of the commission shall constitute a quorum and the affirmative vote of two members shall be necessary for any action taken by the commission. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the commission.

The members shall be eligible to participate in any benefit plan approved by the commission. The commission may indemnify any member, officer or employee from personal expenses or damages incurred, arising out of any claim, suit, demand or judgment which arose out of any act or omission of such member, officer or employee, including the violation of the civil rights of any person under any federal law if, at the time of such act or omission such member, officer or employee was acting within the scope of his official duties or employment.

Section 3. Definitions.

(a) ‘Gaming service industry’ means any form of enterprise which provides more than One Hundred Thousand Dollars ($100,000.00) per annum in goods or services regarding the realty, construction, maintenance, or business of a proposed or existing gaming facility on a regular basis which directly relate to gaming activities or indirectly relate to gaming operations including, without limitation, junket enterprises; security businesses; manufacturers; suppliers, distributors, and servicers of gaming equipment or devices; waste disposal companies; maintenance companies; schools teaching gaming and either playing or dealing techniques; suppliers of alcoholic beverages, food and nonalcoholic beverages; vending machine providers; linen suppliers; shopkeepers located within the approved hotels; limousine services; and construction companies contracting with gaming applicants or licensees provided that professional services such as accountants, auditors, attorneys, and broker dealers, or other professions which are regulated by a public agency, are exempt from the provisions of this subsection.

(b) ‘Game’ and ‘gambling game’ means any game approved by the commission and played with cards, dice, equipment or any mechanical, electromechanical or electronic device or machine, including slot machine as defined by this act, for money, property, checks, credit or any representative of value, but does not include games played with cards in private homes or residences in which no person makes money for operating the game, except as a player, or games defined within chapter ten or chapter 271 of the general laws of the Commonwealth.

(c) ‘Casino gaming,’ ‘gambling’ and ‘gaming operations’ means to deal, operate, carry on, conduct, maintain, or expose for play any games as defined by this section.

(d) ‘Gaming license’ or ‘license’ means any license or work permit issued by the commission under this chapter that authorizes the person named therein to engage or participate in controlled gaming, including work permits and licenses issued to gaming establishments, to gaming suppliers, to parties in interest to gaming schools, and to officers and directors of licensed persons or entities;

(e) ‘Chairman’ means Chairman of the Gaming Commission.

(f) ‘Commission,’ the Massachusetts Gaming Commission.

(g) ‘Commissioner’ means a member of the Gaming Commission.

(h) ‘Application’ means a written request for permission to engage in any act or activity, which is regulated under the provisions of this act.

(i) ‘Applicant,’ means any person who on his own behalf or on behalf of another has applied for permission to engage in any act or activity, which is regulated by the provisions of this act or regulations promulgated thereunder.

(j) ‘Racing meeting licensee’ means the horse racing meeting licensee in Suffolk County, harness horse racing meeting licensee in Norfolk County, and dog racing meeting licensees in Suffolk and Bristol Counties licensed by the State Racing Commission pursuant to G.L. c. 128A, as amended; provided, however, that the two dog racing meeting licensees in Bristol County shall be deemed one for all purposes of this act; and, further, excluding any licensees of racing meetings held or conducted in connection with a state or county fair.

(k) ‘Electronic Gaming Device’ means any game of chance mechanical, electrical or other device, contrivance or machine, including the so-called slot machine, video wagering terminal, video lottery terminal or poker machine, which, upon the insertion of a coin, token or similar object, or upon payment of any consideration, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator in playing a gambling game which is presented for play by the machine or the application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tokens or anything of value, whether the payoff is made automatically by the machine or in any other manner.

Section 4. Powers of the Commission.

Notwithstanding any other provision of this act, the commission is hereby authorized and empowered:

(a) to adopt by-laws for the regulation of its affairs and the conduct of its business;

(b) to adopt an official seal and alter the same at its pleasure;

(c) to maintain offices at such places within the commonwealth as it may determine and to conduct meetings of the commission in accordance with the by-laws of the commission and the provisions of the second paragraph of section fifty-nine of chapter one hundred and fifty-six B;

(d) to sue and be sued in its own name, plead and be impleaded;

(e) to regulate gaming or gambling activities and services related to gaming subject to the provisions of this act, and upon establishment of casino gaming in Massachusetts.

(f) to issue licenses to operate gaming establishments to any racing meeting licensee existing prior to April 1, 2002, notwithstanding the provisions of chapters 137 and 271 of the general laws, or any general or special law to the contrary, and subject to all other licensing requirements applicable provisions of this chapter; and may operate no more than one thousand and five hundred electronic gaming devices. Such racing meeting licensees shall not operate any additional games other than those allowable by law for holders of a racing meeting license, pursuant to chapters 128A and 128C of the general laws. Nothing in this section shall be construed to permit a racing meeting licensee to operate games other than electronic devices.

(g) to issue no more than one casino gaming license to the federally recognized Wampanoag Tribe (Aquinnah) for the operation of an Indian gaming facility; provided that an agreement, hereinafter referred to as a tribal-state compact, is established between the Commonwealth of Massachusetts and said Wompanoag Indian Tribe pursuant to the Indian Gaming Regulatory Act (IGRA) of 1988 (25 U.S.C. §29-2701-§29-2721). If a tribal-state compact is not established between the Wampanoag Tribe and the Commonwealth of Massachusetts by January 1, 2004, for whatever reason, the casino gaming license authorized by this section may be issued to any other persons or entities seeking to be a licensed operator in Massachusetts, provided it be located in one of the aforementioned counties, subject to the provisions of this act.

(h) to issue said casino gaming licenses at the discretion of the commission; provided further that no such license will be issued without the approval of local community governing bodies or by way of referendum held after July 31, 2002.

(i) to design and implement an appropriate casino gaming tax structure, at the direction of the secretary of administration and finance.

Section 5. Immediate Revenue Requirements.

Notwithstanding any general or special law to the contrary, or any other provision of this act, given that the Commission will not be ready to convene and conduct its respective business and functions for some time after the enactment of this legislation and given the needs of the Commonwealth of funds in order to operate and conduct its business, each Racing Meeting Licensee shall be granted a License and deemed to be a Licensee for the purposes of this Act immediately upon the approval of any casino gaming plan submitted by the commission and the functions of the Commission shall be maintained and operated by the Executive Office of Administration and Finance, under the control of the Secretary, until such time as said Commission is operating according to the terms of this Act; provided, further, that the Commission and Bureau shall have complete authority to conduct its functions to insure compliance with this Act when it is operational. This section 12 shall be deemed null and void as of December 31, 2003.”
The amendment was rejected.

Mr. Lees moved to amend the bill by inserting after section 29, the following section:—

“SECTION 29A. Chapter 111 of the General Laws is hereby amended by inserting after section 57D, as so appearing, the following section:—

Section 57E. No methadone clinic shall be located or established within 1/4 mile of real property comprising a public or private accredited preschool, accredited head start facility, elementary, vocational or secondary school, whether or not in session, or a public park or playground, a house of worship, public library, day care facility, federally or state funded low or moderate or elderly housing or designated heritage river.”
The amendment was rejected.

Mr. Baddour and Ms. Walsh moved to amend the bill by inserting after section 40, the following section:—

“SECTION 40A. Sub-paragraph (i) of paragraph (a) of subsection (1) of section 4A of chapter 1078 of the acts of 1973, as most recently amended by section 299 of chapter 159 of the acts of 2000, is hereby further amended by striking out the second and third sentence and inserting in place thereof the following 2 sentences:

The committee shall be composed of 14 members including a chairman and a vice chairman and such alternate members as the committee shall approve. Twelve committee members shall be appointed by the governor as follows: 3 firefighters from nominations submitted by the Professional Firefighters of Massachusetts, International Association of Firefighters, AFL-CIO; 3 police officers from nominations submitted by the International Brotherhood of Police Officers, NAGE, SEIU, AFL-CIO, the Boston Patrolmen’s Association IUPA, AFL-CIO; and the Massachusetts Police Association and 6 nominations submitted by the Advisory Commission on Local Government established under section 62 of chapter 3 of the General Laws.”
The amendment was rejected.

Mr. Lees moved to amend the bill by inserting after section 40, the following section:—

“SECTION 40A. (A) Section 117 of chapter 231 of the General Laws, as so appearing is hereby amended by inserting after the words ‘superior court,’, in line 2, the following words:— ‘the land court’.”

(B) Said section 117 of said chapter 231 is hereby further amended by inserting after the words ‘or any other justice of said court, or’, in line 11, the following words:— ‘the justice of the land court, or’.”
The amendment was rejected.

Ms. Tucker moved to amend the bill by inserting, after section 73, the following section:—

“SECTION 73A. (1) In this section the following words shall have the following meanings, unless the context requires otherwise:

(a) ‘Community provider,’ a community-based agency or program funded by the department of mental retardation to serve individuals with mental retardation.

(b) ‘Community direct service worker,’ an employee of a community provider that provides treatment, support, or services to those with mental retardation and/or their families.

(c) ‘Disparity amount’, the monetary calculation of the average difference in wages, compensation, salary, and benefits, including, but not limited to, health insurance and inclusion in the state retirement system, between community direct service workers and developmental disabilities associates or other comparable employees in the commonwealth’s state operated programs for mental retardation.

(d) ‘Rate,’ the reimbursement rate paid by the department of mental retardation to a community provider from state or federal funds, or a combination of funds.

(2) Notwithstanding any general or special law to the contrary, the department of mental retardation shall reimburse community providers as provided in this section.

(3) The rate of reimbursement for community services providers shall be increased by an amount that:

(1) reduces the disparity amounts to 75 per cent on or before July 1, 2005;

(2) reduces the disparity amount to 50 per cent on or before July 1, 2006;

(3) reduces the disparity amount to 25 per cent on or before July 1, 2007;

(4) eliminates the disparity amount on or before July 1, 2008.

(4) All increases in the rate of reimbursement provided for in this section shall be used to increase the compensation of community direct service workers serving those with mental retardation.

(5) On or before January 1, 2005, the executive office of administration and the department of mental retardation shall report to the senate committee on ways and means, the house committee on ways and means, the joint committee on human services and elderly affairs, and the joint committee on public service their determination of:

(i) the disparity amount;

(ii) the amount of annual increase in the rate of reimbursement to community providers necessary to reduce and eliminate the disparity amount as required under subsection (3).

(6) The commissioner of the department of mental retardation shall adopt regulations to implement this section.

(7) Nothing in this section shall prohibit the elimination of the disparity amount before July 1, 2008.”
The amendment was rejected.

Mr. Berry moved to amend the bill by inserting after section 11, the following section:—

“SECTION 11A. Section 2 of chapter 21J of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the words 'fifty dollars' and inserting in place thereof the following figure:— ‘$100’.”
The amendment was rejected.

Mr. Glodis and Ms. Chandler moved to amend the bill by inserting after section 40, the following section:—

“SECTION 40A. Sub-paragraph (i) of paragraph (a) of subsection (1) of section 4A of chapter 1078 of the Acts of 1973 as most recently amended by section 299 of chapter 159 of the acts of 2000 is hereby further amended by striking out the second and third sentence and inserting in place thereof the following 2 sentences:—

The committee shall be composed of fifteen members including a chairman and a vice chairman and such alternate members as the committee shall approve. Twelve committee members shall be appointed by the governor as follows: 3 firefighters from nominations submitted by the Professional Firefighters of Massachusetts, International Association of Firefighters, AFL-CIO; 3 police officers from nominations submitted by the International Brotherhood of Police Officers, NAGE, SEIU, AFL-CIO, the Worcester Police Patrolmen’s Union, Springfield Police Patrolmen’s Union, the Lowell Police Patrolmen’s Union, the Boston Patrolmen’s Association IUPA, and the Massachusetts Police Association and 6 from nominations submitted by the Advisory Commission on Local Government established under section 62 of chapter 3 of the General Laws.”
The amendment was rejected.

Mr. Glodis moved to amend the bill by inserting after section 73 the following section:—

“SECTION 73A. Notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance may begin payment from the General Fund on the previously scheduled $72,000,000 rate increase to fund dispensing fees to retail pharmacies beginning July 1, 2002. The division shall fund the dispensing fee before federal approval of the funding of rates under section 54 of chapter 118E, of the General Laws, as provided for in section 35 of this act. Upon federal approval of the funding of rates under section 53 and 54 of said chapter 118E, inserted by subsection 35 of this act by the assessment on retail pharmacies established under said section 54 of said chapter 118E, any amount expended from the General Fund for the purposes of this section shall be reimbursed from the Health Care Quality Improvement Trust Fund.”
The amendment was rejected.

Mr. Antonioni moved to amend the bill by inserting after section 19 the following section:—

“SECTION 19A. Section 72 of chapter 44 of the General Laws, as so appearing, is hereby amended by inserting after the word ‘revenues’, in line 32, the following words:— , except that a city shall deposit in a separate account for expenditure by the school committee no less than 50 per cent of any such amount; and that no school committee shall receive a smaller percentage of such amount than it received during fiscal year 1998. A school committee may make expenditures from this separate account for any lawful educational purpose without further, appropriation. Any expenditure from this account on items qualifying as net school spending shall supplement, and not substitute for, the net school spending requirement of the district. Receipt of such funds shall not affect the calculation of the minimum required local contribution and state school aid as defined in section 2 of chapter 70.”
The amendment was rejected.

Mr. Antonioni moved to amend the bill, in section 25, by inserting after subsection (A) the following subsection:—

(A 1/2.) Said section 2 of said chapter 70, as so appearing, is hereby further amended by inserting after the word “Book” in line 44, the following word:— “, libraries”; and by inserting after the word “books”, in line 45, the following word: — “, libraries”, and by inserting after the word “book”, in line 46, the following word:— “, libraries”.
The amendment was rejected.

Ms. Resor and Ms. Menard moved to amend the bill by inserting after section 35, the following section:—

“SECTION 35A. Section 2 of chapter 166A of the General Laws, is hereby amended by striking out, in lines 1 and 2, as appearing in the 2000 Official Edition, the words ‘telecommunications and energy’ and inserting in place thereof the following words:— the attorney general.”
The amendment was rejected.

Mr. Havern moved to amend the bill by inserting after section 73 the following section:—

“SECTION 73A. Notwithstanding any general or special law, rule, or regulation to the contrary, the Massachusetts Water Resources Authority Retirement System Board may grant creditable service to a present employee who is a member of the retirement system who served as an employee of the United States House of Representatives and who has completed 10 or more years of membership service; but such creditable service shall be determined by the board; the creditable service shall not be credited until such member has paid into the Massachusetts Water Resouces Authority Retirement System, in 1 sum or in installments, upon such terms and conditions as the Retirement Board may prescribe make-up payments equal to the payments made by the member while in employment of the United States House of Representatives, plus the interest accrued on the payments.”
The amendment was rejected.

Messrs. Lees, Tisei, Tarr, Hedlund and Knapik and Mrs. Sprague moved to amend the bill by inserting, after section 73, the following section:—

“SECTION 73A. Notwithstanding any general or special law to the contrary, if the fiscal year 2003 State Lottery Fund revenues prove inadequate to support State Lottery Fund appropriations in sections 2 and 3, the comptroller, upon direction from the secretary of administration and finance, shall transfer funds from the Stabilization Fund to the State Lottery Fund sufficient to offset any potential shortfall in fiscal year 2003 revenues to the State Lottery Fund to ensure that said fund is in balance as of June 30, 2003.”
The amendment was rejected.

Mr. Tarr moved to amend the bill by inserting after section 31 the following section:—

“SECTION 31A. (A) Section 9C of chapter 118E of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 20, the figure ‘$200’ and inserting in place thereof the following figure:— ‘$250’.”

(B) The division of medical assistance shall develop a graduated system of eligibility based on levels for incomes below 200 per cent of the federal poverty level, from 201 to 225 per cent of the federal poverty level, and from 226 per cent to 250 of the federal poverty level. This system shall provide proportionally for levels of assistance, which shall decrease progressively for those categories of eligibility above 200 per cent of the federal poverty level.”
The amendment was rejected.

Mr. Tolman moved to amend the bill in section 2, by inserting after section 84 the following sections:—

“SECTION 26. (A) Chapter 28A of the General Laws is hereby amended by inserting after section 4 the following section:—

Section 4A. The secretary of health and human services shall convene interagency children’s services teams for determining which agencies within the jurisdiction of the secretary shall provide or contract for appropriate services to children in cases where disputes arise among agencies over the delivery of services to children or when such services are not being provided to children. For purposes of this section, ‘agency’ shall mean a department, office, commission, board, institution or other agency within the executive office of health and human services.

The secretary of his designee shall chair such local or regional teams and preside over meetings. Such teams shall also include the commissioner or chief executive officer, or his designee, of the following agencies: the department of public health, the department of social services, the department of education, the department of transitional assistance, the department of mental retardation, the department of mental health, the commission for the deaf and hard of hearing, the Massachusetts rehabilitation commission, the commission for the blind and any other agency as deemed necessary by the secretary to ensure delivery of appropriate and needed services to children.

The teams shall review cases on a local or regional basis and seek to identify the services necessary to resolve them; designate the agencies which shall provide or contract for such services; direct each designated agency or to accept responsibility for such children and provide or contract for such services; and provide opportunities to receive testimony and evidence from the children, their families, the representatives of the children or their families and the representative or other employee of such agency.

If no decision is agreed upon by a majority of the team, the secretary shall designate and require an agency to provide appropriate and needed services to any child. If a designated agency fails to provide services to the child in a manner consistent with the decision of the team, the secretary shall review the matter. If the secretary finds that a decision of the team is reasonable and within the jurisdiction of the designated agency, he shall direct such agency to provide services in accordance with the decision of the team and shall take any other action consistent with state law to ensure that appropriate services are provided to the child.

The teams shall have full access to, and the agencies shall provide all information relevant to such cases, notwithstanding chapter 66A, chapter 112, chapter 119 or any other law to the contrary related to the confidentiality of personal data. All confidential information shall be returned to its originating source upon completion of this process and shall not be retained by the team or a member thereof and no member of the team shall disseminate any confidential information revealed during this process.

For the purposes of this section, ‘child’ shall mean a person under the age of 18 or under the age of 22 if such person is disabled or has special needs.

The secretary shall issue an annual report summarizing the activities of the teams during the preceding fiscal year.

(B) Section 3 of chapter 71B of the General Laws, as appearing in the 2000 Official Edition is hereby amended by adding the following paragraph:—

If a student’s individual education plan hereinafter referred to as ‘IEP’, necessitates special education services in a day or residential facility or an educational collaborative, the IEP team shall consider whether the child requires special education services and supports to promote the student’s transition to placement in a less restrictive program. If the student requires such services, then the IEP shall include a statement of any special education services and supports necessary to promote the child’s transition to placement in a less restrictive program.

(C) The department of education shall develop, after consultation with the Massachusetts Association of School Superintendents, the Massachusetts Administrators for Special Education, the Massachusetts Association of 766-Approved Private Schools and Parents for Residential Reform, a model contract which may be used by districts and approved private special education schools.

(D) The department of education shall publish, after consultation with the Massachusetts Association of School Superintendents, the Massachusetts Administrators for Special Education, the Massachusetts Association of 766-Approved Private Schools and Parents for Residential Reform, guidelines for accepted business practices for use with approved private special education programs. The guidelines shall include, but not be limited to, student attendance reporting, tuition invoicing and payment and student termination.

(E) The operational services division within the executive office of administration and finance shall, after consultation with the department of education, the Massachusetts Association of School Superintendents, the Massachusetts Administrators for Special Education and the Massachusetts Association of 766-Approved Private Schools, promulgate regulations regarding prompt notification to purchasers of submission of applications for program changes. Such notification shall include the tuition price the program has requested for each student from the sending district.

The department of education shall review and take action on applications for program changes with due diligence and without undue delay. The department shall give priority first to applications that address health and safety issues, second to applications that address noncompliance with state or federal special education requirements, and third to all other applications. The approved tuition price shall, except if it is required for extraordinary relief, take effect during the next fiscal year following approval by the department of education, in accordance with regulations promulgated by the operational services division. In requests for tuition increases, except for those pursuant to extraordinary relief, the applicant shall notify relevant public schools and other public purchasers of the requested tuition prior to December 1 of the fiscal year in which the application is filed. No program shall be required to implement program changes until the effective date of the tuition increases; provided, however, that the program shall be required to implement all students’ individual education plans.

(F) The state advisory commission for special education may investigate and study exit measurements for students with disabilities, accommodations for students with disabilities for the MCAS exam and the alternate assessment to MCAS for students with disabilities, chapter 71B private school tuition pricing and the feasibility of training and partnership grants for disseminating best practices, training staff in use of assistive technology and collaboration on programs and services in the delivery of special education services. For the purposes of this section, the state advisory council shall consult with the operational services division within the executive office of administration and finance, the department of education, school superintendents, school committee members, special education administrators, collaborative directors, parents and consumers and representatives of approved private schools. The state advisory commission for special education shall report to the board of education and to the general court the result of its investigation and study, if conducted, and its recommendations, as well as any minority report, by filing the same with the clerks of the senate and house of representatives on or before May 1, 2003 but may issue interim reports from time to time.

(G) The ninth paragraph of section 274 of chapter 110 of the acts of 1993 is hereby amended by adding the following sentence:— The division shall also notify superintendents of the estimated rate of inflation by December 1.

(H) The department of education shall collect data on the number of students whose special education costs meet the criteria of item 7061-0012 of section 2, shall analyze the fiscal impact of the item on districts and the commonwealth and shall report its findings, along with any proposed recommendations, to the house and senate committees on ways and means and the joint committee on education, arts and humanities not later than March 1, 2003.

(I) The operational service division within the executive office of administration and finance and the department of education shall jointly study issues related to cost increases for matters of health and safety, as defined by state and federal regulations and as required by the department of education where the department of education has determined that certain cost increases shall be implemented prior to the effective date of the tuition increase resulting from program reconstruction. In conducting their study, the agencies shall seek input from the Massachusetts Association of Approved Private Schools, the Massachusetts Administrators for Special Education, the Massachusetts Association of School Superintendents and parent consumers. The operational service division and the department of education shall report to the general court the results of their investigation and study and their recommendations, if any, by filing the same with the clerks of the senate and house of representatives on or before January 31, 2003.”
The amendment was rejected.

Mr. Berry moved to amend the bill by inserting after section 32 the following section:—

“SECTION 32A. Section 12 of chapter 118E 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, rule or regulation to the contrary, the division shall not require prior authorization or impose any other restriction on medications used to treat HIV or mental illnesses, including, but not limited to, schizophrenia, severe depression, or bipolar disorder. The division shall make available medications for persons with mental illnesses, including atypical antipsychotic medications, conventional antipsychotic medications, and other medications used for the treatment of mental illnesses without restriction or without preference for one medication over another or one class of medications over another.”
The amendment was rejected.

Messrs. Hart, Tarr and O'Leary moved to amend the bill by inserting after section 73 the following section:—

“SECTION 73A. (A) Notwithstanding any general or special law to the contrary and in order to promote the public good, any employee of the city of Boston whose employment was terminated in 1981 or 1982 due to a reduction in force and subsequently was reinstated to his or her former position on or before July 1, 1984, shall be credited with active service for such period of employment. Such credited service shall be included as part of his length of service, and shall be applied to his seniority, promotional examinations and retirement. However, such employees shall be required to pay into the Annuity Savings Fund of the retirement system in one sum, or installments upon conditions as the retirement board shall prescribe, an amount equal to the accumulated regular deductions otherwise payable had he or she remained an active member in service during said period of unemployment at the rate of compensation he or she was receiving at the time of aforesaid termination of employment together with the regular interest thereon, and said employee shall be required to pay into the Annuity Savings Fund of the retirement system in one sum, or installments upon conditions as the retirement board shall prescribe, an amount equal to the accumulated regular deductions withdrawn, if any, with the regular interest.

(B) Subsection (A) shall take effect upon passage of this act.”
The amendment was rejected.

Mr. Morrissey moved to amend the bill by inserting after section 4 the following section:—

“SECTION 4A. (A) Chapter 6A of the General Laws is hereby amended by inserting after section 18H as inserted by section 6 of chapter 61 of the acts of 2002, the following section:—

Section 18I. The department of telecommunications and energy shall promulgate rules providing for the recovery by telecommunication companies of expenses that have been, are, or will be until December 31, 2007 incurred that are associated with the services pursuant to sections 18A to 18F, inclusive, and sections 14A and 15E of chapter 166.

(B) With respect to any deficit incurred by the telephone companies before the effective date of this act, pursuant to section 18I of chapter 6A of the General Laws, the department of telecommunications and energy shall determine the portion of directory assistance revenues that will be used to offset that deficit, including any interest the department may determine should be applied.

Additionally, the rules shall provide for the funding of the prudently incurred expenses by means of a charge on each voice grade exchange telephone line of business and residence customers within the commonwealth. However, the surcharge applicable to centrex service shall be based on an equivalency provided to each private branch exchange trunk. In the development of the charge, all telephone companies shall submit to the department historical data verifying their participation in the statutory funding mechanism. The department of telecommunications and energy shall annually report to the general court concerning the financial condition of the fund and shall address in the report the reasonableness of the capital expenditures and related expenses of the statewide emergency telecommunications board incurred in complying with sections 14A and 15E of chapter 166.

(C) Chapter 291 of the acts of 1990 is hereby amended by striking out section 7.

(D) The department of telecommunications and energy shall develop a long term plan for funding enhanced 911 services. The department shall consider, among any and all the issues affecting the enhanced 911 system, including (1) equitable payment of the costs of the system by all its beneficiaries and (2) the changes and projected changes in technology comprising the enhanced 911 system. The department shall submit its recommendations and assessments to the committee on government regulations not later than December 31, 2006.”
The amendment was rejected.

As previously stated, the above amendments were considered as one, and rejected.

Recess.

There being no objection, at seven minutes past six o’clock P.M., the President declared a recess subject to the call of the Chair; and at two minutes past seven o’clock P.M., the Senate reassembled, the President in the Chair.

Ms. Creem, Ms. Wilkerson and Mr. Travaglini moved to amend the bill in section 2, in item 4513-1002 by adding the following words:— “; and provided further, that $25,000 be provided to the Nutrition Resource Center at the Boston Medical Center for purposes of supplementing the operation of the Preventative Food Pantry and Demonstration Kitchen”.
The amendment was adopted.

Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Mrs. Sprague moved to amend the bill in section 2, in item 4590-0250, by striking out, in line 36, the word “enhanced”.
After remarks, the amendment was adopted.

Mr. Lees moved to amend the bill in section 2, in item 4590-0250, by striking out the figure “$37,867,379” and inserting in place thereof the following figure:— “$36,737,133”.
After remarks, the amendment was rejected.

Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Mrs. Sprague moved to amend the bill in section 2, in item 4590-0300, by striking out, in line 15, the word “enhanced”.
After remarks, the amendment was adopted.

Messrs. Lees and Hedlund and Mrs. Sprague moved to amend the bill in section 2, in item 4590-0300 by striking out the figure “$50,370,293” and inserting in place thereof the following figure:— “$19,106,919”.
After remarks, the amendment was rejected.

Mr. O’Leary moved to amend the bill in section 2, in item 4800-0015, by inserting after the word “area;”, in line 7, the following words:— “provided further, that an office presence shall be maintained on Martha’s Vineyard;”.

After remarks, Ms. Murray moved that the amendment be amended by adding the following words:— ; and in said section 2, in said item 4800-0015, by inserting after the words “provided further, that the department shall pursue the development of a comprehensive program for education and training of social workers and other department employees;” the following words:— “provided further, that said program shall be developed in collaboration with the Center for Adoption Research and Policy at the University of Massachusetts Medical School;”.
After further remarks, the further amendment (Murray) was adopted.

The pending amendment (O’Leary) was then further considered; and it was adopted, as amended (Murray).

Messrs. Antonioni and Travaglini moved to amend the bill in section 2, in item 4800-0038, by striking out the words “provided further, that the department shall collaborate with the departments of education, mental health, youth services, the operational services division and any other interested agencies to consider available options for increasing consistency among and imposing uniform controls upon reimbursement rates for special education programs authorized under chapter 71B of the general laws” and inserting in place thereof the following words:— “provided further, that the department shall collaborate with the departments of education, mental health, youth services, the operational services division and any other interested agencies and the massachusetts association of chapter 766 approved private schools to consider available options for increasing program capacity to decrease department referral admission waiting lists, consistency in staff compensation and retention and imposing uniform controls upon contract reimbursement rates for special education programs authorized under chapter 71B of the General Laws”.
After remarks, the amendment was adopted.

Ms. Fargo moved to amend the bill in section 2, in item 4800-0038 by adding the following words:— “; and provided further, that not less than $300,000 shall be expended for the center for family connections in the city of Cambridge”.
The amendment was rejected.

Mr. Antonioni, Ms. Walsh and Messrs. Tolman and Tisei moved to amend the bill in section 2, by inserting after item 5920-2000 the following item:

“5920-2010 For state-operated community-based residential services for adults, including community-based health services for adults; provided, that the department shall maximize federal reimbursement, whenever possible under federal regulation, for the direct and indirect costs of services provided by the employees funded in this item 107,929,376.”;
and in item 5920-2000, by striking out the figure “$536,656,477” and inserting in place thereof the following figure:— “$428,727,101”.
After remarks, the amendment was adopted.

Mr. Brewer moved to amend the bill in section 2, in item 5982-1000, by inserting after the word “related”, in line 3, the following words:— “and forestry”.
After remarks, the amendment was adopted.

Mr. Travaglini moved to amend the bill in section 2, by inserting in item 6010-0001 after the words “quarterly report of repairs requiring said secretary’s approval;” the following words:— “provided further, that notwithstanding any general or special law to the contrary, the department of highways, in furthering cost effective management of the commonwealth’s infrastructure, may implement a statewide corrosion mitigation program utilizing electrochemical corrosion passivation or chloride extraction treatment of steel reinforced concrete structures, as a means of stopping existing corrosion and monitoring and preventing the initiation of new corrosion; provided further, that the electrochemical corrosion passivation or chloride extraction treatment method that may be utilized, which uses an anode system temporarily installed on the surface of the concrete, to facilitate the passing of a continuously monitored, and unequally adjusted, low voltage DC current to the steel reinforcement for the purpose of eliminating differentials in the surface potentials on the steel reinforcement; provided further, that the department of highways may amend its contractor prequalification program to include a new class of work for this specialty infrastructure repair process; provided further, that the department shall report to the joint committee on transportation and the chairmen of the house and senate committees on ways and means on the program method’s safety to structures and the environment, cost effectiveness, effectiveness in eliminating new corrosion, and effectiveness in stopping existing corrosion; and provided further, that said report shall be due no later than February 1, 2003”.
After remarks, the amendment was adopted.

Ms. Resor, Ms. Tucker, Messrs. Antonioni and Tarr, Ms. Walsh, Messrs. Tolman and Tisei, Ms. Fargo and Mr. Shannon moved to amend the bill in section 2, by striking out item 5930-1000 and inserting in place thereof the following item:

“5930-1000 For the operation of facilities for the mentally retarded, including the maintenance and operation of the Glavin regional center; provided, that in order to enhance care within available resources to clients served by the department, the department shall study the feasibility of consolidating intermediate care facilities for the mentally retarded, called ICF/MR, managed by the department and shall determine if community placement is appropriate if the following criteria are met: 1) the Commonwealth’s treatment professionals have determined that community placement is appropriate; 2) the transfer from institutional care to a less restrictive setting is not opposed by the affected individual; and 3) the placement can be reasonably accommodated, taking into account the resources available to the Commonwealth and the needs of others with mental disabilities; provided further, that the department shall report to the joint committee on human services and the house and senate committees on ways and means on the progress of this initiative; provided further, that the report shall include: (1) the number of clients transferred from facility care into the community; (2) the community supports provided to clients discharged from facility care into the community and (3) the current facility bed capacity relative to the number of clients in ICF/MR managed by the department; provided further, that the department shall submit the report not later than February 15, 2003; provided further, that the commissioner of mental retardation shall transfer funds from this item to items 5920-2000 and 5920-2025, as necessary, pursuant to an allocation plan, which shall detail by subsidiary and contract the distribution of the funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means 15 days prior to any such transfer; provided further, that not more than $3,000,000 shall be transferred from this item in fiscal year 2003; provided further, that the department shall provide an appropriate level of campus security at the Dever developmental center in Taunton, as well as maintaining the buildings of the core campus to prevent deterioration and ensure preservation of the buildings, until such time as the property is declared surplus to its needs or is transferred from the department’s control in accordance with the Dever reuse plan as approved by the Dever reuse commission and on file with the house and senate committees on ways and means; and provided further, that the department shall maximize federal reimbursement, whenever possible under federal regulation, for the direct and indirect costs of services provided by the employees funded in this item 162,581,181.”
After remarks, the amendment was adopted.

Messrs. Lees and Tisei and Mrs. Sprague moved to amend the bill in section 2, in item 7002-0100, by striking out, in line 14, the word “less” and inserting in place thereof the following word:— “more”.
After remarks, the amendment was rejected.

Mr. Pacheco moved to amend the bill in section 2, in item 7002-0101, by striking out the following wording:— “For the operation of the apprentice training program; provided, that no position in the apprentice training division shall be subject to chapter 31 of the General Laws.” and inserting in place thereof the following words:— “For the operation of the apprentice training program; provided, that no position in the apprentice training division shall be subject to chapter 31 of the General Laws; provided further, that notwithstanding any general or special law to the contrary, the deputy director shall require each apprentice entering into a written agreement to submit an application to the division for an apprentice identification card; provided further, that the application shall be accompanied by a fee of $35 and paid by the apprentice or the program sponsor, together with photographic prints as required by the deputy director; provided further, that all revenues from fees charged for this identification card shall be deposited into the General Fund; provided further that, an apprentice identification card shall contain the photograph of the apprentice, the apprentice registration number or such other number as the deputy director requires, the name and business address of the appropriate apprenticeship committee or single employer sponsor, the steps of progression and related dates applicable to the apprentice, and the projected date on which the apprentice is projected to complete the apprenticeship; provided further, that as a condition of his apprenticeship the apprentice shall keep the apprentice identification card on his person during his hours of employment during the apprenticeship; provided further, that any apprentice performing work on a project or projects subject to this item shall maintain in his possession an apprentice identification card; provided further, that any apprentice who is determined by the deputy director to be un-enrolled in related classroom instruction classes shall be paid at the journey level rate for the duration of the public works project or projects; provided further, that for every week in which an apprentice is employed by a contractor, subcontractor, or public body subject to this section, a photocopy of said apprentice’s apprentice identification card, shall be attached to the records submitted under this item”; and by striking out the figure “$319,589” and inserting in place thereof the following figure:— “$420,000”.
The amendment was adopted.

Mr. McGee moved to amend the bill in section 2, in item 7002-0500, by striking out the words “provided, that $800,000 shall be expended for occupational safety training grants;” and inserting in place thereof the following words:— “provided, that not less than $800,000 shall be expended for occupational safety training grants”.
After remarks, the amendment was adopted.

Messrs. Lees, Tisei and Mrs. Sprague moved to amend the bill in section 2, in item 7003-0700, by striking out, in line 5, the word “less” and inserting in place thereof the following word:— “more”.
The amendment was rejected.

Mr. Pacheco moved to amend the bill in section 2, in item 7003-0701, by adding the following words:— “; provided, that the division may use surplus funds, accumulated in years when workforce training fund contributions exceeded the authorization amount or the division appropriated less funds than the authorization amount, if contributions do not meet the authorization amount”; and by striking out the figure “$18,000,000” and inserting in place thereof the following figure: “$21,000,000”.
The amendment was adopted.

Mr. O’Leary, Ms. Murray, Ms. Resor, Ms. Menard, Ms. Tucker, Ms. Creem and Messrs. Morrissey and McGee moved to amend the bill in section 2, in item 7003-1000, by striking out the figure “$70,000” and inserting in place thereof the following figure:— “$95,000”; by adding the following words:— “; provided further, that not less than $150,000 shall be provided to the Massachusetts Workforce Board Association to support the activities of the business, labor, education, youth councils and community members in leading regional workforce development systems”; and by striking out the figure “$1,395,000” and inserting in place thereof the following figure:— “$1,945,000”.
The amendment was rejected.

Mr. Panagiotakos moved to amend the bill in section 2, in item 7004-0099, by inserting after the words “Citizens Housing and Planning Association”, the following words:— “Massachusetts National Association of Housing and Redevelopment Officials”.
The amendment was adopted.

Ms. Fargo and Messrs. O’Leary and Joyce moved to amend the bill in section 2, by inserting after item 7004-0099 the following item:

“7004-1000 For the purpose of providing advance funding to the Low Income Home Energy Assistance Program described in 42 U.S.C. section 8621 et seq. or any successor act; provided, that such advance funding shall be made to the department of housing and community development no later than September 1, 2002; provided further, that notwithstanding section 62 of chapter 10 of the General Laws, such advance funding shall be appropriated from the Ratepayer Parity Trust Fund maintained on the books of the commonwealth; and provided further, that the department, upon the receipt of fedeal funds for the fiscal year 2003 Low Income Home Energy Assistance Program, shall reimburse the Ratepayer Parity Trust Fund for any forward funding received 5,000,000.”
The amendment was rejected.

Mr. Morrissey moved to amend the bill in section 2, in item 7006-0070, by striking out the figure “$7,747,353” and inserting in place thereof the following figure:— “8,051,927”.
The amendment was rejected.

Mr. Lees moved to amend the bill in section 2, in item 7007-0300, by adding the following words:— “and this office shall be operated by an individual to be known as the MCM Rapid Response Center Coordinator”.
After debate, the amendment was rejected.

Ms. Fargo moved to amend the bill in section 2, in item 7007-0400, by adding the following words:— “; and provided further, that not less than $75,000 shall be expended for the Route 128 Regional Planning Project”.
After remarks, the amendment was rejected.

Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Mrs. Sprague moved to amend the bill in section 2, in item 7007-0400, by adding the following words:— “; and provided further, that not more than 5 per cent of the funds appropriated in this item for each regional planning commission shall be used for administrative costs”.
After debate, the amendment was rejected.

Mr. McGee moved to amend the bill in section 2, in item 7007-0400, by adding the following words:— “; and provided further, that $30,000 shall be expended for the Saugus Senior Center”; and by striking out the figure “$1,485,000” and inserting in place thereof the following figure:— “$1,515,000”.
The amendment was rejected.

Suspension of Senate Rule 38A.

Mr. Travaglini moved that Senate Rule 38A be suspended to allow the Senate to continue in session beyond the hour of eight o’clock P.M.; and, there being no objection, on further motion of the same Senator, the rule was suspended without a recorded yea and nay vote.

Orders of the Day.

The Orders of the Day were further considered, as follows:

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. 5101, printed as amended) was further considered, the main question being on passing the bill to be engrossed.

Mr. McGee moved to amend the bill in section 2, in item 7007-0950, by adding the following words:— “; provided further, that $100,000 shall be expended for the restoration of the Memorial Auditorium in the city of Lynn”.
The amendment was rejected.

Mr. McGee moved to amend the bill in section 2, in item 7007-0950, by adding the following words:— “; and provided further, that not less than $100,000 shall be expended for the Russian Community Association of Massachusetts in the city of Boston”.
The amendment was rejected.

Messrs. Knapik, Brewer, Baddour and Panagiotakos moved to amend the bill in section 2, in item 7007-0950, by striking out the figure “$3,992,335” and inserting in place thereof the following figure:— “$3,074,829”; and in item 7007-0300, by striking out the figure “$1,408,320” and inserting in place thereof the following figure:— “$2,325,826”

General Fund 60.55%

Tourism Fund 39.45% .”

The amendment was rejected.

Mr. Baddour moved to amend the bill in section 2, in item 7007-0950, by adding the following words:— “and provided further, that $25,000 shall be expended as a grant to the town of Salisbury to maximize the town’s tourism industry;”.
The amendment was rejected.

Messrs. Tarr, Antonioni and Tolman moved to amend the bill by inserting after item 7007-0950 the following item:

“7007-0970 For the administration of the Massachusetts Film Office to be funded through the office of travel and tourism 396,672.”
The amendment was rejected.

Mr. Lees moved to amend the bill in section 2, in item 7007-1300, by inserting after the word “Bedford”, in line 5, the following words:— “and shall be known as the GRB specialist”.
After remqarks, the amendment was rejected.

Messrs. Lees and Knapik moved to amend the bill in section 2, by striking out item 7010-0012.
After debate, the amendment was rejected.

Mr. O’Leary and Ms. Melconian moved to amend the bill in section 2, in item 7027-0016, by striking out the figure “$596,883” and inserting in place thereof the following figure:— “$615,927”; and by striking out the figure “$1,587,000” and inserting in place thereof the following figure:— ‘$1,606,044”.
The amendment was rejected.

Mr. Tisei moved to amend the bill in section 2, in item 7030-1002, by inserting after the words “per classroom in subsequent fiscal years” the following words:— “; provided further, that ongoing programs previously funded through this grant program shall be given priority over new applicants; and provided further, that among new grant applicants preference shall be given to those applicants with high percentages of students scoring in level 1 or 2 of the MCAS”.
After remarks, the amendment was rejected.

Messrs. Antonioni and Knapik moved to amend the bill in section 2, in item 7030-1003, by striking out the words:— “provided further, that funds shall be expended for early intervention individual tutorial literacy programs designed as a prespecial education referral and short term intervention for children who are at risk of failing to read in the first grade;” and inserting in place thereof the following words:— “provided further, that $2,791,800 shall be expended for early intervention individual tutorial literacy programs designed as a pre-special education referral and short term intervention for children who are at risk of failing to read in the first grade;”.
After remarks, the amendment was adopted.

Messrs. Hedlund and Tisei moved to amend the bill in section 2, in item 7052-0004, by striking out the figure “$12,948,960” and inserting in place thereof the following figure:— “$22,948,960”.

After debate, the question on adoption of the amendment was determined by a call of the yeas and nays at twenty-nine minutes past eight o’clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 9 — nays 27):

YEAS.
Hedlund, Robert L.	Resor, Pamela
Joyce, Brian A.	Tarr, Bruce E.
Knapik, Michael R.	Tisei, Richard R.
Lees, Brian P.	Tucker, Susan C. — 9.
Pacheco, Marc R.
NAYS.
Antonioni, Robert A.	Menard, Joan M.
Baddour, Steven A.	Montigny, Mark C.
Brewer, Stephen M.	Moore, Richard T.
Chandler, Harriette L.	Morrissey, Michael W.
Creedon, Robert S., Jr.	Nuciforo, Andrea F., Jr.
Creem, Cynthia Stone	O’Leary, Robert A.
Fargo, Susan C.	Panagiotakos, Steven C.
Glodis, Guy W.	Rosenberg, Stanley C.
Hart, John A., Jr.	Sprague, Jo Ann
Havern, Robert A.	Tolman, Steven A.
Jacques, Cheryl A.	Travaglini, Robert E.
Magnani, David P.	Walsh, Marian
McGee, Thomas M.	Wilkerson, Dianne — 27.
Melconian, Linda J.
PAIRED.
YEAS.	NAYS.
Therese Murray (present),	Frederick E. Berry — 2.
ABSENT OR NOT VOTING.
Shannon, Charles E. — 1.

The yeas and nays having been completed at twenty-six minutes before nine o’clock P.M., the amendment was rejected.

Messrs. Lees and Tisei moved to amend the bill in section 2, in item 7061-0008, by adding the following words:— “; provided further, that a school district that grants diplomas to students failing to meet the competency determination as a condition for high school graduation, defined in clause (i) of the fourth paragraph of section 1D of chapter 69 of the General Laws, and determined by the passing score on the tenth grade English language arts and mathematics sections of the Massachusetts Comprehensive Assessment System exam, shall be excluded from receiving any funds appropriated in this item”.
After remarks, the amendment was rejected.

Messrs. Nuciforo and Brewer moved to amend the bill in section 2, in item 7061-9010, by striking out the figure “$48,401,013” and inserting in place thereof the following figure:— “$43,456,043”; and in item 7035-0006, by striking out the figure “$42,000,000” and inserting in place thereof the following figure:— “$46,944,970”.
The amendment was rejected.

Messrs. Brewer and Nuciforo moved to amend the bill in section 2, in item 7061-9010, by striking out the figure “$48,401,013” and inserting in place thereof the following figure:— “$37,532,985”; and by inserting after item 6000-0010 the following item:

“6005-0017 For certain payments to cities and towns as authorized by clause c of section 13 of chapter 64A, section 13 of chapter 64E, and section 14 of chapter 64F of the General Laws; provided, that the amounts appropriated in this item are in full satisfaction of the amounts payable under said clauses for fiscal year 2003; provided further, that funds in this item may be used for the lease, purchase and maintenance of vehicles for use in road maintenance, and for costs incurred for the removal of snow and ice; and provided further, that notwithstanding section 31 of chapter 81 of the General Laws or any other general or special law to the contrary, the portion of the highway fund allocated for reimbursements to cities and towns for costs actually incurred in constructing, maintaining and policing city or town streets or roads, shall be distributed in fiscal year 2003 in the same proportion as the fiscal year 2002 distribution of these highway fund reimbursements 10,868,028.”
After debate, the amendment was rejected.

Ms. Creem, Ms. Resor and Ms. Fargo moved to amend the bill in section 2, by striking out item 7061-9400 and inserting in place thereof the following item:

“7061-9400 To develop authentic student and school assessments in order to replace the current Massachusetts Comprehensive Assessment System; provided that as required by section 1I of chapter 69 of the General Laws, the assessment system to be developed shall employ a variety of assessment instruments on either a comprehensive or statistically valid sampling basis; provided further, that, as much as is practicable, especially in the case of student whose performance is difficult to assess using conventional methods, such instruments shall include consideration of work samples, projects and portfolios, and shall facilitate authentic and direct gauges of student performance 1,659,043.”;

by striking out item 7061-0012 and inserting in place thereof the following item:

“7061-0012 For the reimbursement of extraordinary special education costs pursuant to section 5A of chapter 71B of the General Laws; provided, that notwithstanding said section 5A or any other general or special law, rule or regulation to the contrary, the reimbursement rate for students who have no parent, or guardian living in the commonwealth, shall be 100 per cent of all said approved instructional costs that exceed 4 times the state average per pupil foundation budget; provided further, that not more than $8,750,000 shall be used to continue and expand voluntary residential placement prevention programs between the department of education and other departments within the executive office of health and human services that develop community-based support services for children and their families; provided further, that of this $8,750,000 not less than $7,500,000 shall be made available to the department of mental retardation for the voluntary residential placement prevention program administered by that department; provided further, that the amount expended for a particular student shall not exceed the amount of tuition funds allocated for the student at the time of transition into such community-based support services; provided further, that funding provided herein may reimburse private schools for prior fiscal year’s tuition; and provided further that not more than $500,000 shall be expended by the department of education to administer this account 127,000.”;

and by striking out section 50.
After debate, the amendment was rejected.

Mr. Antonioni moved to amend the bill in section 2, in item 7061-9404, by striking out the words “provided, that preference shall be given to those districts with a high percentage of such students” and inserting in place thereof the following words:— “provided, that preference shall be given to those districts with a high percentage of high school students scoring in level 1”.
After remarks, the amendment as adopted.

Mr. Antonioni moved to amend the bill in section 2, in item 7061-9404, by striking out the words “provided further, that none of the funds appropriated in this item shall be spent for services provided by institutions of higher education through interagency agreements between the department of education and these institutions” and inserting in place thereof the following words: “provided further, funds shall be expended for a competitive grant program to fund developmental programs to be implemented in the summer of 2003 operated by public institutions of higher education for students who have completed high school but not yet met the MCAS graduation standard and are working to pass MCAS, earn a high school diploma and prepare for college-level studies”.
The amendment was adopted.

Mr. Antonioni moved to amend the bill in section 2, in item 7061-9404, by striking out the words “provided further, that $2,500,000 shall be expended for a competitive grant program, guidelines for which shall be developed by the department, for intensive literacy and math instruction for the graduating class of 2003; provided further that such programs shall be in place by January 15, 2003; provided further, that eligible applicants shall include individual high schools, and those institutions of higher education, providers of adult basic education services, and other public and private educational services organizations that shall have partnered with a high school or group of high schools; and provided further, that preference shall be given to applicants targeting their services to high schools with at least 30 per cent of their students scoring in level 1 on math or English” and inserting in place thereof the following words:— “provided further, that up to $5,000,000 shall be expended for a competitive grant program, guidelines for which shall be developed by the department, for intensive remediation programs in communities with students in the graduating class of 2003 who have not achieved a score of 216 or higher on either the tenth grade English Language Arts or math MCAS exams, such programs to be in place by October 1, 2002; and provided further, that eligible applicants shall include individual high schools, and those institutions of higher education, providers of adult basic education services, and other public and private educational services organizations that shall have partnered with a high school or group of high schools”.
The amendment was adopted.

Messrs. Tarr, Lees, Knapik and Tisei, Mrs. Sprague and Mr. Hedlund moved to amend the bill in section 2 by striking out item 7061-9404 and inserting in place thereof the following item:

“7061-9404 For disbursements to assist cities, towns and regional school districts for remediation programs for the Massachusetts Comprehensive Assessment System examination; provided, that said disbursements shall be calculated according to a formula based upon the number of students scoring in level 1 on said examination in each city, town, regional school district and charter school; and provided further, that funds appropriated herein may be expended through August 31, 2002 50,000,000.”
After remarks, the amendment was rejected.

Mr. Morrissey moved to amend the bill in section 2, in item 7061-9626, by inserting after the words “New Bedford”, the following word:— “, Quincy”.
After remarks, the amendment was adopted.

Mr. O’Leary moved to amend the bill in section 2, by inserting after item 7066-0000, the following item:

“7066-0001 For additional funding for state colleges and community colleges 11,000,000.”
After remarks, the amendment was rejected.

Mr. Tisei moved to amend the bill in section 2, by striking out item 7100-0200 and inserting in the place thereof the following item:

“7100-0200 For the operation of the university of Massachusetts and the commonwealth college; provided, that notwithstanding any general or special law to the contrary, the board of trustees shall develop an allocation plan for the amount appropriated in this item and shall notify the house and senate committees on ways and means of this plan within 45 days after the effective date of this act; provided further, that the board of trustees in conjunction with the state health education center at the University of Massachusetts Medical Center shall maintain learning contracts for students admitted on or after the fall of 1978 which shall include provisions for payback service or monetary payback to the commonwealth for a period after such students have fulfilled all internship and residency requirements; provided further, that the sum expended for UMass Extension in fiscal year 2003 shall not be reduced except in proportion to adjustments consistent with university budget adjustments and policies affecting comparable academic outreach programs of the University of Massachusetts at Amherst; provided further, that such funds shall be expended in accordance with a plan reviewed and recommended by the UMass Extension Board of Public Overseers; 460,599,228.”
The amendment was rejected.

Ms. Chandler and Messrs. Glodis and Moore moved to amend the bill in section 2, in item 7100-0200, by striking out the following wording:— “provided further, that not more than $431,000 shall be expended for the analysis of narcotic drug synthetic substitutes, poisons, drugs, medicines, and chemicals at the University of Massachusetts medical school in order to support the law enforcement efforts of the district attorneys of the commonwealth, the state police, and the police departments of the cities and towns of the Commonwealth;”; and by striking out the words “provided further, that $350,000 shall be expended for a satellite medical examiners office;”; and by striking out the figure “$460,599,228” and inserting in place thereof the following figure:— “$459,818,228”; in item 0340-0400, by inserting after the word “sessions”, in line 6, the following words:— “; provided further, that not less than $431,000 shall be expended for the analysis of narcotic drug synthetic substitutes, poisons, drugs, medicines, and chemicals at the University of Massachusetts medical school in order to support the law enforcement efforts of the district attorneys, the state police and municipal police departments”; and by striking out the figure “$6,844,763” and inserting in place thereof the following figure:— “$7,275,763”; and in item 8000-0105, by adding the following words:— “; provided, that $350,000 shall be expended for toxicology testing and results”; and by striking out the figure “$3,237,469” and inserting in place thereof the following figure:— “$3,587,469”.
After remarks, the amendment was adopted.

Ms. Murray moved to amend the bill in section 2, in item 7100-0200, by striking out the words “not less than $480,200 shall be expended for the cranberry experiment station” and inserting in place thereof the following words:— “the sum expended for the University of Massachusetts at Amherst Cranberry Experiment Station at Wareham in fiscal year 2003 shall not be reduced from fiscal year 2002 levels, except in proportion to adjustments consistent with university budget adjustments; and provided further, that such funds shall be expended in accordance with a plan reviewed and recommended by the University of Massachusetts Cranberry Experiment Station Board of Oversight”.
After remarks, the amendment was adopted.

Ms. Murray moved to amend the bill, in section 2, in item 7118-0100, by striking out the words:— “; provided, that not more than $228,000 shall be expended for the aquaculture program”.
After remarks, the amendment was adopted.

Mr. Rosenberg moved to amend the bill in section 2, in item 7505-0100, by striking out the words “; provided, that not less than $195,000 shall be obligated for the Heritage Bank building acquired by the Greenfield College Foundation”.
After remarks, the amendment was adopted.

There being no objection, during consideration of the orders of the Day, the following matters were considered, as follows, to wit:

PAPERS FROM THE HOUSE.

Engrossed Bill — State Loan.

An engrossed Bill authorizing additional borrowing for the Massachusetts Bay Transportation Authority and the Central Artery/ Ted Williams Tunnel Project (see House, No. 5123) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was put upon its final passage; and, this being a bill providing for the borrowing of money, in accordance with the provisions of Section 3 of Article LXII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at twenty-four minutes past nine o’clock P.M., as follows, to wit (yeas 38 — nays 0):

YEAS.
Antonioni, Robert A.	Jacques, Cheryl A.
Baddour, Steven A.	Joyce, Brian A.
Brewer, Stephen M.	Knapik, Michael R.
Chandler, Harriette L.	Lees, Brian P.
Creedon, Robert S., Jr.	Magnani, David P.
Creem, Cynthia Stone	McGee, Thomas M.
Fargo, Susan C.	Melconian, Linda J.
Glodis, Guy W.	Menard, Joan M.
Hart, John A., Jr.	Montigny, Mark C.
Havern, Robert A.	Moore, Richard T.
Hedlund, Robert L.	Morrissey, Michael W.
Murray, Therese	Sprague, Jo Ann
Nuciforo, Andrea F., Jr.	Tarr, Bruce E.
O’Leary, Robert A.	Tisei, Richard R.
Pacheco, Marc R.	Tolman, Steven A.
Panagiotakos, Steven C.	Travaglini, Robert E.
Resor, Pamela	Tucker, Susan C.
Rosenberg, Stanley C.	Walsh, Marian
Shannon, Charles E.	Wilkerson, Dianne — 38.
NAYS — 0.
ABSENT OR NOT VOTING.
Berry, Frederick E. — 1.

The yeas and nays having been completed at twenty-nine minutes past nine o’clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the President and laid before the Acting Governor for her approbation.

Engrossed Bill — Land Taking for Conservation, Etc.

An engrossed Bill authorizing the town of North Andover to grant a certain conservation restriction (see House, No. 4830, changed) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at a half past nine o’clock P.M., as follows, to wit (yeas 38 — nays 0):

YEAS.
Antonioni, Robert A.	Montigny, Mark C.
Baddour, Steven A.	Moore, Richard T.
Brewer, Stephen M.	Morrissey, Michael W.
Chandler, Harriette L.	Murray, Therese
Creedon, Robert S., Jr.	Nuciforo, Andrea F., Jr.
Creem, Cynthia Stone	O’Leary, Robert A.
Fargo, Susan C.	Pacheco, Marc R.
Glodis, Guy W.	Panagiotakos, Steven C.
Hart, John A., Jr.	Resor, Pamela
Havern, Robert A.	Rosenberg, Stanley C.
Hedlund, Robert L.	Shannon, Charles E.
Jacques, Cheryl A.	Sprague, Jo Ann
Joyce, Brian A.	Tarr, Bruce E.
Knapik, Michael R.	Tisei, Richard R.
Lees, Brian P.	Tolman, Steven A.
Magnani, David P.	Travaglini, Robert E.
McGee, Thomas M.	Tucker, Susan C.
Melconian, Linda J.	Walsh, Marian
Menard, Joan M. Wilkerson, Dianne — 38.
NAYS — 0.
ABSENT OR NOT VOTING.
Berry, Frederick E. — 1.

The yeas and nays having been completed at twenty-eight minutes before ten o’clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the President and laid before the Acting Governor for her approbation.

At twenty-seven minutes before ten o’clock P. M. (Tuesday, June 12), on motion of Mr. Tarr, the President declared a recess until the following day at ten o’clock A.M.

Wednesday, June 12, 2002.
[being the legislative session
of Tuesday, June 11, 2002.]

Met at twenty-two minutes past ten o’clock A.M. (The President in the Chair).

Distinguished Guest.

There being no objection, the President introduced Right Honourable Councillor Donal Lyons, Mayor of Galway, Republic of Ireland. Mayor Lyons briefly addressed the Senate, signed the guest book and withdrew from the Chamber.

Communications.

A communication from Senator Steven A. Baddour in compliance with Massachusetts General Laws, Chapter 268A (received Wednesday, June 12, 2002); and

A communication from Senator Dianne Wilkerson in compliance with Massachusetts General Laws, Chapter 268A (received Wednesday, June 12, 2002),— were severally placed on file.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1053

June 11, 2002.

Patrick F. Scanlan
Clerk of the Senate
State House, Room 335
Bostn, Massachusetts 02133

Dear Mr. Clerk:

Due to the fact that I was detained in another part of the building, I was absent from the Senate Chambers for the roll call taken on budget amendment 295, relative to School Building Assistance temporary borrowing. Had I been present, I would have voted in the negative on this particular amendment.

I would respectfully request that a copy of this letter be printed in the Senate Journal as part of the official record for June 11, 2002. Thank you in advance for your assistance in this matter.