Table of Contents
Seal of the Commonwealth
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Text of Amendments 1-25



Clerk 1
Municipal Tax Relief

Ms. Menard moves to amend the bill, House 4003 by adding after section 71, the following new section:-

"The second paragraph of Section 1A of Chapter 58 of the General Laws, as most recently appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following:- If adoption of said minimum residential factor would result in the residential property class bearing a higher percentage of the total property tax levy than the percentage of the total property tax levy imposed on the residential property class in the prior year, or if the adoption of said minimum residential factor would result in the residential property tax levy than the percentage of the total property tax levy imposed on the residential property class in the year prior to the year in which the minimum residential factor was first adopted, he shall determine a new minimum residential factor which shall be forty-five per cent subject to an upward adjustment as may be required a) to provide that the percentage of the total tax levy imposed on any class of real or personal property shall not exceed two hundred percent of the full and fair cash valuation of the taxable property in said class divided by the full and fair cash valuation of all taxable real and personal property in the city or town, or b) to provide that the adoption of said minimum residential factor shall not result in the residential property class bearing a lower percentage of the total property tax levy than the lowest percentage of the total property tax levy imposed on the residential property class in the years since he first certified that the locally assessed values represented the full and fair cash value. "

Clerk 2
CONTRIBUTORY GROUP GENERAL OR BLANKET INSURANCE FOR PERSONS IN THE SERVICE OF COUNTIES, CITIES, TOWNS AND DISTRICTS, AND THEIR DEPENDENTS

Messrs. Moore, Havern, Brewer, Morrissey and Joyce move to amend the bill by inserting at the end thereof the following new Section:-

SECTION_________.
Section 9A of Chapter 32B of the General Laws, as appearing in the 2000 official edition is hereby deleted and replaced therein the following:- "Section 9A. A county, except Worcester county, by vote of the county commissioners, a city having a Plan D or Plan E charter by majority vote of its city council, any other city by vote of its city council, approved by the mayor, a regional school district by vote of the regional district school committee and a district by vote of the district at a district meeting, may provide that it will pay one-half of the amount of the premium to be paid by a retired employee under the provisions of the first sentence of section nine. A town shall provide for such payment by vote of the town at a town meeting or if a majority of the votes cast in answer to the following question which shall be printed on the official ballot to be used at an election in said town is in the affirmative:- ""Shall the town pay one-half the premium costs payable by a retired employee for group life insurance and for group general or blanket hospital, surgical, medical, dental and other health insurance?''

Clerk 3
DISTINCTIVE MUNICIPAL LICENSE PLATES

Mr. Creedon moves to amend the Bill H4003 by inserting, after Section 71, the following new section:-
"SECTION 72. Subsection (c) of section 2F of chapter 90 of the General Laws, as added by section 3 of chapter 334 of the acts of 2002, is amended by adding the following:-
and cities and towns for the purpose of supporting local programs as organized by a single city or town or a state-wide organization on behalf of all cities and towns."

Clerk 4
STUDY COMMISSION - CONSTRUCTION PROJECTS

Ms. Wilkerson moves to amend the bill by striking out Section 70 and inserting in place thereof the following new section:-

"Section 70. There is hereby established a special commission to investigate, study, and make legislative recommendations on the adequacy and efficiency of laws and regulations governing public construction projects. Said commission shall consist of 13 members; one member appointed by the Governor, two members from the senate appointed by the senate president, one of whom shall b the chairman of the joint committee on state administration and who shall serve as co-chairman of the commission; two members from the house of representatives appointed by the speaker, one of whom shall the chairman of the joint committee on state administration and who shall serve as co-chairman of the commission; the commissioner of the department of capital asset management and maintenance, the inspector general, the chairperson or his designee of the Massachusetts Municipal Association; the president or his designee of the Building Trades Employers Association; the president or his designee of the Associated Subcontractors of Massachusetts; the president or his designee of the Massachusetts Building Trades Council, the president or his designee of Women In The Building Trades; and, the president or his designee of the New England Chapter of the National Association of Minority Contractors. The commission shall file a report on the results of its study, together with its recommendations, if any, and any legislation necessary to carry out its recommendations by filing the same with the clerks of the house of representatives and the senate not later than September 30, 2003."

Clerk 5
RELATIVE TO UTILITY STREET CUTS

Mr. Morrissey moves to amend the bill, S. 2010, by striking Sections 37, 57, 64 and 65.

Clerk 6
MUNICIPAL LIGHT PLANTS


Mr. Morrissey moves to amend the bill, S. 2010, in Section 60 by adding at the end thereof the following wording:-
"Further provided that such transfers shall not be made from any appropriations from any department of a city or town which is subject to Chapter 164 of the General Laws."

Clerk 7
STUDY COMMISSION ON CONSTRUCTION PROJECTS

Mr. Tolman moves to amend the bill, Senate No. 2010, in Section 70 by striking in the second sentence the figure "12" and inserting in place thereof the following new figure:- "13."

The bill is further amended in the same section by inserting after the words "Massachusetts Building Trades Council of Massachusetts" the following new language:-

"; a member of the Boston Society of Architects."

Clerk 8
REGIONAL DISTRICT PLANS


Mr. Pacheco moves to amend the bill by inserting, after Section ______, the following new Section:-
"SECTION ___ . Chapter 43C of the General Laws is hereby amended by inserting after section 15 the following section:-
Section 16. Notwithstanding any general or special law to the contrary, a city or town or a group of contiguous cities and towns may, upon the submission and approval of a plan by the commissioner of revenue, establish a district or regional district for the purpose of providing services to the inhabitants of the cities and towns. If the commissioner of revenue fails to approve the plan within 30 days, the plan shall be deemed approved. A plan for a district that is submitted to the commissioner of revenue for approval shall include provisions detailing the purpose of the district, the method for establishing the district, the form of the district, the powers and duties of the district, including any authority to raise revenues and borrow funds, and the effect of the district on civil service rights, seniority, retirement or other employment rights of existing city or town employees, including, but not limited to, compensation or salary grade, accrued rights to holidays, sick leave, vacation and benefits, union representation or rights under certified collective bargaining agreements. The department of revenue shall promulgate guidelines, rules and regulations to govern the approval process and any such approval made under this section shall be subject to the guidelines, rules and regulations of the department of revenue.

Clerk 9
RAIL-TRAIL REVITALIZATION OF CERTAIN DISCONTINUED RIGHTS-OF WAY

Ms. Resor moves to amend the bill (House 4003) by inserting, after Section 71, the following new section:-

SECTION___. Chapter 21E, Section 2, Definitions of the General Laws is hereby amended by inserting the following language:- In section 2 in line 72 after the words "former manufactured gas plant" inserting the following:- "or the site of a former Massachusetts Bay Transportation Authority right-of-way or other previously owned right of ways (ROW) in which the municipality has acquired an interest for purposes of the installation, operation, maintenance and use of a rail-trail as set forth in the definition of "Owner" or "Operator" in this section".
AND
In subparagraph (a) section (10) after the words "of such site or vessel and" in line 207 inserting the following:- "except in the case of a discontinued Massachusetts Bay Transportation Authority right-of-way or other discontinued ROW of which a city or town has ownership or possession for rail-trail purposes under subparagraph (d)(1) of this definition, any person who owned or operated such site or vessel immediately prior to the Massachusetts Bay Transportation Authority or other subsequent entity obtaining ownership or possession of such site or vessel".
AND
Ms. Resor moves to further amend Chapter 21E, Section 2, Definitions, by inserting the following language in subparagraph (d) section (1) after the words "chapter sixty, respectively" in line 416 the following :- "or has acquired an interest in the site (by fee, easement, lease, license or otherwise) from the Massachusetts Bay Transportation Authority or previous owners for purposes of the installation, operation, maintenance and use of a rail-trail (defined as a property converted from former use as a railroad right-of-way to a revitalized use as a publicly owned, improved and maintained corridor for bicycle, pedestrian, and other non-motorized public transportation, recreation and associated purposes)".
AND
Ms. Resor further moves to amend Chapter 21E, Section 2, Definitions, by striking all language in subparagraph (C) beginning in line 431 after the words "by fencing" and inserting the following:- ", paving, installing geo-textile membrane, or otherwise suitably preventing access to the site or vessel or to the oil or hazardous materials present at the site, and (ii) contain the further release or threat of release of oil or hazardous materials from a structure or container";
AND
Ms. Resor further moves to amend Chapter 21E, Section 2, Definitions by inserting language in subparagraph (F) in line 445 after the words "site or vessel" the following:-
"or, in the case of a site acquired from the Massachusetts Bay Transportation Authority or other previously owned ROW's for purposes of the installation, operation, maintenance and use of a rail-trail, the city or town acts diligently to develop the rail-trail for its intended purpose".
AND
Ms. Resor moves to further amend Chapter 21E, Section 2, Definitions by inserting language in subparagraph (F) in line 450 after the words " clause (5) of paragraph (c)" the following:- "Whether the city or town is acting or has acted diligently to develop the rail-trail for its intended purpose shall be determined by considering all pertinent circumstances of municipal financing, bidding, and construction of the rail-trail project, and of the availability of and rules governing the applicable State or Federal funding program therefore, in light of the discovery of the release or threat of release of oil or hazardous materials at issue.

Clerk 10
RELATIVE TO AFFORDABLE HOUSING - DEVELOPMENT PLANS

Ms. Resor moves to amend the bill (House 4003) by inserting, after Section 71, the following new section:-
SECTION____. Said Chapter 40B is hereby further amended by inserting after section 21 the following section:- Section 21A. (a) A city or town may develop and implement an affordable housing plan that results in an increase in it number of low and moderate income housing units as a percentage of its total number of year round housing units by at least 0.75 percent annually until that percentage exceeds 10 percent. The plan shall include, but not be limited to, a mix of housing, such as rental and homeownership opportunities for families, individuals and the elderly that are consistent with regional needs and feasible within the housing market in which they will be situated; the identification of specific sites appropriately zoned and available for low and moderate income housing development or identification of specific sites that the community is willing to rezone for the purposes of low and moderate income housing developments; or identification of specific suites for which the community will encourage the filing of comprehensive [permit applications pursuant t section 21 and a description of the use restrictions to ensure that each development shall be affordable to and occupied by low or moderate income families and individuals.

(b) The plan shall be valid for the purpose of the definition of "Consistent with local needs" in section 20 only if it is approved by the department of housing and community development. Within 90 days after its submission to the department by a city or town, the department shall approve the plan if it meets the requirement of subsection (a), otherwise is shall disapprove the plan. The department shall not disapprove a plan for arbitrary or capricious reasons. The department shall notify the city or town of its decision to either approve or disapprove a plan in writing. If the department disapproves the plan, the notification shall also include a statement of the reasons for its disapproval. If the department disapproves the plan, the notification shall also include a statement of the reasons for its disapproval. A city or town that originally submitted a plan that had been disapproved may submit a new or revised plan to the department for its consideration. If the department fails to either approve or disapprove a plan within 90 days after its submission, the plan shall be deemed to be approved. The department shall certify annually whether a community is in compliance with an approved plan and this section. A community may amend its plan from time to time if the department approves the amendment.

(c) An approved plan shall take effect for the purpose of the definition of "Consistent with local needs" in section 20 only when the department certifies that the city or town has finally approved comprehensive permits resulting in an initial increase of 0.75 percent in its total number of housing units according to its plan and has issued building permits for those units. Once the department has made such a certification, the city or town may, in its discretion, chose not to accept, or to review or approve any additional comprehensive permit applications during the 12 month period immediately following the date of the certification. Furthermore, if a city or town has approved comprehensive permits that result in an increase of 1.5 percent in its total number of housing units according to its plan and has issued building permits for those units, after department certification the city or town at its discretion, may chose not to accept or review or approve any additional comprehensive permit applications during the 24 month period immediately following the date of the certification.

Clerk 11
RELATIVE TO THE IMPACT OF PREMIUMS ON NOTES OR BONDS ON LEVY LIMITS UNDER PROPOSITION 2 ½

Ms. Resor moves to amend the bill (House 4003) by inserting, after Section 71, the following new SECTION:-
SECTION____. Chapter 44, Section 20 of the General Laws is hereby amended by inserting language in line 28 after the words "of any limit imposed by general law for such purpose" the following:- "Effective with the FY05 tax rate approval process, additions to the levy limit for a debt exclusion are restricted to the true interest cost incurred to finance the excluded project. Premiums received at the time of sale must be offset against the stated interest cost in computing the debt exclusion".

Clerk 12
STORMWATER UTILITIES

Ms. Resor moves to amend the bill by inserting after Section 6, the following new section:-

SECTION 6A. Chapter 40 of the Massachusetts General Laws, is hereby amended by adding the following section:--
Section 8L. Local Stormwater Utility -- In a city, town, or district whose legislative body accepts the provision of this section, the city, town, or district may by ordinance, by-law, or regulation establish a stormwater utility. To improve the quality of the state's rivers, streams, lakes, estuaries and wetlands, (i) the utility shall work in cooperation with the Watershed Initiative administered by the executive office of environmental affairs and with the stormwater management program administered by the department of environmental protection and make efforts to meet the standards established for specific watersheds for the proper control and cleanup of storm discharges; (ii) shall complement, to the extent applicable, the river basin water quality management plans pursuant to 33 USC section 303(e), the nonpoint source management plans pursuant to 33 USC section 319, and the estuary management plans pursuant to 33 USC section 320; (iii) shall comply with Phases I & II of the stormwater regulations promulgated by the United States Environmental Protection Agency under the National Pollutant Discharge Elimination System; (iv) shall consult with the department of environmental protection and the Watershed Initiative of the executive office of environmental affairs before adopting or updating its local stormwater management plan; and (v) shall formulate plans and establish priorities for stormwater management systems and watersheds to meet the needs of the community for flood protection and protection of water quality.
The stormwater utility may be operated by any department, board, commission, or district that conducts the municipal wastewater collection and /or treatment program or by a separate utility established within the municipality whose function is to operate a stormwater program. Any such department, board, commission, or separate entity authorized to carry out such stormwater program shall be referred to as the stormwater utility.
The stormwater utility shall treat watersheds as integrated systems and shall work to lower the concentrations of pesticides, nutrients, industrial chemicals, metals, suspended solids, and other pollutants within the streams, lakes, estuaries, wetlands, and groundwater of the one or more watersheds within the Jurisdiction of such stormwater utility.
The stormwater utility with the approval of the city council of any city, board of selectmen of any town, or board of directors of any authority or any entity operating in any special district (referred to hereinafter as "district") may adopt regulations in order to protect the public health, safety, and welfare and the environment and to ensure proper and safe operation of the municipality's separate stormwater system or combined sanitary/stormwater system by regulating the direct and indirect discharge of wastewater and stormwater to and from such systems. Such local regulation shall be consistent with legislation and regulations under which the department of environmental protection regulates the discharge of sanitary wastewater and stormwater to and from such systems.
Notwithstanding any provisions of any general or special law to the contrary, cities, towns, and districts are expressly authorized to adopt regulations that are stricter in their protection of the environment than such state legislation and regulation. To the extent that part or all of a city or town is serviced by the Massachusetts Water Resources Authority or other authority or district, such municipality shall adopt regulations that are consistent with, but may be stricter than, the regulations of such authority or special district.
Such local regulation may require on-site detention or retention of stormwater and implementation of other stormwater management measures to control the rate, volume and quality of stormwater discharged to wastewater or storm drainage systems.
In addition to any other funding mechanism available to any city, town, or district to construct, operate, or maintain stormwater programs, the stormwater utility may adopt a system of stormwater utility fees sufficient to support the operation, construction, and maintenance of the stormwater program.
Any municipality or district may create alone, or in cooperation with another municipality or municipalities or another district or districts, one or more stormwater management benefit areas.
Cities, towns, and districts are authorized to raise and collect in advance or otherwise from all property owners within a municipality, district, or benefit area an annual, quarterly, or monthly fee or an assessment based upon amount of impervious surface, or other reasonable method, as provided in sections 15 and 16 of chapter 83 of the General Laws, as amended, to fund the activities and programs described in this section that service the city, town, district, or benefit area.
For fees assessed pursuant to this section, cities, towns, and districts may use the levy, assessment, and enforcement methods as provided in sections 14 through 29, inclusive, of chapter 83 of the General Laws.
And moves to further amend the bill by inserting after Section 36, the following new sections:

"SECTION 36A. Section 1 of chapter 83 of the General Laws, is hereby amended by inserting after the word "drainage" in line 6, the following words:-- "stormwater treatment and disposal,".

SECTION 36B. Said section 1 of chapter 83, as so appearing, is hereby further amended by inserting at the end of the second sentence at line 11 the following new sentence:-- "Such works for drainage may include any stormwater treatment facility or measure of treating, or removing sediment or contaminants from, stormwater discharges.".

SECTION 36C. Said section 1 of chapter 83, as so appearing, is hereby further amended by inserting at the end of the third sentence in line 15-- "For the purposes of this chapter, the word 'stormwater' shall mean surface runoff from precipitation.".

SECTION 36D. Section 10 of said chapter 83, as so appearing, is hereby further amended by inserting at the end of the first sentence of section 10 the following:-- "A city, town, sewer district, or stormwater district may from time to time prescribe rules and regulations for the use of main drains and the management of stormwater to prevent the discharge of sediment and pollutants therein which may tend to degrade wetlands, streams, other surface water bodies, and groundwater and to inspect the facilities for the collection and infiltration of stormwater in order to reduce flooding and improve the quality of and decrease the quantity of stormwater runoff; for the connection of estates and buildings with main drains; for the construction, alteration, and use of all connections entering into such main drains; and for the inspection of all materials used therein; and may prescribe civil penalties, not exceeding five thousand dollars for each day of violation of any such rule or regulation.".

SECTION 36E. Section 11 of said chapter 83, as so appearing, is hereby further amended b adding after "common sewer" in line 3 the following:-- "or main drain.".

SECTION 36F. Section 15 of said chapter 83, as so appearing, is hereby further amended by adding after the third paragraph the following new paragraphs:--
In connection with making assessments for the costs of main drains and connections thereto and facilities for the costs of the treatment and control of stormwater discharges, the city, town, or district shall estimate the average number of square feet of impervious surface attributable to single family residential units within its jurisdiction. This shall be referred to as a "sewer unit." Properties with uses other than single family shall be assigned a number of sewer units in the proportion that their respective amount of square feet of impervious surface bears to the number of square feet represented by a single sewer unit. A rate shall be established for the sewer unit, and each property owner shall pay the sewer unit rate multiplied by the number of sewer units assigned to the owner's property. Alternatively, classes of uses other than single family shall be assigned a number of sewer units in the proportion that their respective average amount of square feet of impervious surface bears to the number of square feet of impervious surface represented by a single sewer unit. A rate shall be established for the sewer unit, and each property owner shall pay the sewer unit rate multiplied by the number of sewer units assigned to the owner's property. In either case, single family residential units shall be assigned one sewer unit each.
Credits may be granted against the amount of the assessment charged to those property owners who maintain functioning on-site retention/detention basins or other filtration structures as approved by the stormwater utility, conservation commission, or other governmental entity with appropriate authority. The costs of stormwater related facilities that benefit a part of any city, town, or district may be apportioned in the rate setting process to properties that directly benefit from such facilities. No assessment for the costs of stormwater related facilities under this section shall be made against undeveloped property.

SECTION 36G. Section 16 of said chapter 83, as so appearing, is hereby amended by adding after the words "use of common sewers" in line 3 the following:-- "and main drains and related stormwater facilities" and by adding at the end of section 16 the following:-- "In establishing quarterly or annual charges for the use of main drains and related stormwater facilities, the city, town, or district may either charge a uniform fee for residential properties and a separate uniform fee for commercial properties or establish an annual charge based upon the number of sewer units assigned to any property, as established in section 15, multiplied by the sewer unit rate. The annual charge shall be calculated to supplement other available funds as maybe necessary to plan, construct, operate and maintain stormwater facilities and to conduct stormwater programs. The city, town or district may grant credits against the amount of the quarterly or annual charge to those property owners who maintain on-site functioning retention/detention basins or other filtration structures as approved by the stormwater utility, conservation commission, or other governmental entity with appropriate authority."

Clerk 13
CORI CHECKS BY LOCAL OFFCIALS

Mr. Brewer moves to amend the bill, by inserting, after Section ___, the following new Section:-
"SECTION ___. Section 172 of chapter 6 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended, in line 81, by inserting after the word "board" the following:- except that an officer of a town, as defined in section 1 of chapter 43, may obtain such information by submitting a written request therefore to the chief of the police department in that town, an officer of a city, as defined by section 1 of chapter 43, may obtain such information by submitting a written request therefore to the chief of the police department in that city, and the superintendent of a regional school district may obtain such information by submitting a written request therefore to the chief of any police department of any city or town located within such school district."

Clerk 14
VISITOR IMPACT FUND - SMALL AGRICULTURAL FAIRS

Mr. Brewer moves to amend the bill, in Section 5, in line 13, by striking the word "three" and inserting in place therof the word :- "five".

Clerk 15
PROPERTY TAX EXEMPTION - PRIVATE SECONDARY SCHOOLS

Mr. Brewer moves to amend the bill, in Section 68, by inserting after the words "educational institutions" the following:- ", including but not limited to private secondary schools,"

Clerk 16
SCHOOL SCHEDULE FLEXIBILITY - PILOT PROGRAM

Mr. Brewer moves to amend the bill, by inserting, after Section ___, the following new Section:-
"SECTION ___. Notwithstanding the provisions of any general or special law, rule, or regulation to the contrary, the Quabbin Regional School Committee is hereby authorized to conduct a pilot program to provide additional flexibility in scheduling. Said district shall be authorized to reduce the school year requirements contained in 603 CMR 27.03; provided, that said district shall maintain a five day work week; provided further, that the structured learning time requirements contained in 603 CMR 27.04 are fully complied with. Said pilot program shall be subject to the provisions of collective bargaining law, and to the approval of town meetings in each member town of the district. The district, in conjunction with the department of education, shall issue a report on the success of the initiative no later than March 1, 2004, to the house and senate chairs of the joint committee on education, arts and humanities, and the chairs of the house and senate ways and means committees, and the house and senate clerks."

Clerk 17
Amending PILOT program:

Mr. Tisei moves to amend the bill by adding at the end thereof the following new section:

SECTION . Chapter 58, section 13 of the Massachusetts General Laws, is hereby amended by inserting after the words "conservation purposes" in line fifteen, the following:- ", including all land formerly owned or under the control of the metropolitan district commission"

Clerk 18
Tax Receivables:


Mr. Tisei moves that the bill be amended by adding at the end thereof the following section:
"SECTION .
Section 1. Purpose.
The Purpose of this Act shall be to enable cities and towns to realize a source of revenue by more easily entering into agreements with private entities for the sale and servicing of tax receivables.

Section 2. Definitions.
For purposes of this Act, the following words and phrases shall have the following respective meanings. A "tax receivable" shall mean the right to receive and enforce the payment of taxes assessed by any city or town and due on real and personal property in said city or town, in one or more fiscal years. A "purchaser" shall mean any private entity meeting the qualifications set forth in section IV of this Act with whom the city or town has entered into an agreement between the city or town and the Purchaser effectuating the sale of tax receivables. The "Commissioner" shall mean the Commissioner of the Department of Revenue. The "Bulk Sale Law" shall mean the provisions of Section 2C of Chapter 60 of the Massachusetts General Laws as interpreted by the Department of Revenue in Informational Guideline Release No. 97-201.

Section 3. Tax Receivables to be Sold.
Cities and towns are hereby authorized to sell, through its collector or treasurer, any tax receivable, either individually or in bulk, through the execution of a sale agreement with a purchaser. Notwithstanding anything in the Bulk Sale Law to the contrary, cities and towns are hereby authorized to sell any combination of tax receivables individually or in bulk regardless of the class or classes of the properties from which the tax receivable arise. Cities and towns are hereby authorized to enter into one or more sale agreements with one or more purchasers.

Section 4. Qualifications of Purchaser
Notwithstanding anything in the Bulk Sale Law or Chapter 30B of the Massachusetts General Laws to the contrary, cities and towns are hereby authorized to enter into a sales agreement with a purchaser, provided such purchaser is: (i) registered with the Secretary of the Commonwealth of Massachusetts as a party able to do business in the Commonwealth of Massachusetts; (ii) a party in good standing in the Commonwealth of Massachusetts; and (iii) recognized by Standard and Poor's as a rated servicer.

Section 5. Rights and remedies of Purchaser.
Cities and towns are hereby authorized to transfer to a purchaser through a sale agreement all the rights and remedies set forth in Chapters 59 and 60 of the Massachusetts General Laws, including, but not limited to,: (i) the right to enforce and receive payment of any tax receivable sold plus any interest accruing thereon and any fees and charges incurred for services related to the enforcement of the payment of that tax receivable; (ii) the right to take tax title; (iii) the right to make tax sales; and (iv) the right to institute proceedings in the Land Court to foreclose rights of redemption.

Section 6. Fees and Charges Approved by the Commissioner.
After the effective date of a sale agreement, a purchaser may make one or more applications to the Commissioner to charge specified reasonable fees and charges for services related to the enforcement of the payment of any tax receivable sold that are higher than the fees and charges that the city or town is permitted to charge for such services under Sections 15, 55, 60, 62, 65, and 68 of Chapter 60 of the Massachusetts General Laws. The Commissioner shall, within a reasonable period of time, review any such application and approve, in writing, such higher fees and charges that are reasonable.

Section 7. Use of Service Agent.
A purchaser may use a service agent to act on its behalf, whether or not for compensation.

Section 8. Repurchase of and Reimbursement for Tax Receivables Sold.
Cities and towns are hereby authorized to enter into a sale agreement that permits a purchaser to be reimbursed is a tax receivable sold (i) does not conform to the terms of the respective sale agreement, (ii) is abated or (iii) is worth less than the amount for which the tax receivable was purchased, provided however, that a sale agreement may also include limitations on the amount that may be reimbursed and the time periods during which a purchaser may be entitled to reimbursement.

Section 9. Subsequent Receivables.
Cities and towns are hereby authorized to enter into a sales agreement that provides a purchaser with the option to purchase any subsequent tax receivables that arise in connection with parcels for which tax receivables have already been sold to that purchaser.

Section 10. Taxpayer Agreements.
Cities and towns are hereby authorized to enter into a sales agreement that provides a purchaser with the with the right to enter into forbearance agreements and payment plans with taxpayers whose property is subject to tax receivables sold to that purchaser.

Section 11. Effective Date of Sale.
Notwithstanding anything in the Bulk Sale Law or Chapter 60 of the Massachusetts General Laws to the contrary, a sale of tax receivable shall be effective as of the date set forth in the respective sale agreement, which date may be any date after the date of this Act.

Section 12. Relationship to the Bulk sale Law and the Massachusetts General Laws.
This Act shall enable cities and towns to sell tax receivables to a purchaser by a method that shall be an alternative to the method for assignment or transfer of tax receivables set forth in the Bulk Sale Law and Section 52 of Chapter 60 of the Massachusetts General Laws. To the extent the terms of this Act or any sale agreement conforming to the provisions of this Act are inconsistent with the Bulk Sale Law or Chapters 30B, 59 and 60 of the Massachusetts General Laws, the provisions of this Act and such sale agreement shall be controlling.

Section 13. Servicing of Tax Receivables.
Notwithstanding anything in Chapters 30B and 60 of the Massachusetts General Laws to the contrary, cities and towns are also hereby authorized to enter into one or more agreements with one or more private entities meeting the qualifications of a purchaser set forth in Section IV of this Act to service and act as a collection agent for tax receivables retained by said city or town.

Section 14. Sunset Clause.
The provisions of this act shall expire on June 30, 2004.

Clerk 19
USE OF REVENUES FROM SALE OF MUNICIPAL ASSETS


Mr. Tisei moves to amend the bill by adding at the end thereof the following new section:-
SECTION . Notwithstanding section 63 of chapter 44 of the General laws, as said section appears in the 2000 Official Edition, or any other general or special law to the contrary, during fiscal years 2004 and 2005, a town, following a majority vote by the board of selectmen that is ratified by a special or annual town meeting, or a city, following a majority vote of the city council and approval by the mayor, the proceeds of the sale or other disposal of real estate, including the taking by eminent domain by another governmental unit, but other than that acquired through tax title foreclosure, by a city, town, or district, that exceed five hundred dollars, may be applied for any purpose or purposes for which the city, town or district deems necessary during said fiscal years; provided, however, that the proceeds of a sale in excess of five hundred dollars of any park land by a city, town, or district shall be used only by said city, town, or district for acquisition of land for park purposes or for capital improvements to park land.

Clerk 20
ECONOMIC TARGET AREA - EAST BROOKFIELD

Mr. Brewer moves to amend the bill, by inserting, after Section ___, the following new Section:-
"SECTION ___. Notwithstanding section 3D of chapter 23A of the General Laws, the town of East Brookfield is hereby included in the South Central Massachusetts Economic Target Area and the economic assistance coordinating council shall exercise its powers and take all actions necessary or appropriate with respect to the economic target area in accordance with said chapter 23A."

Clerk 21
MUNICIPAL EARLY RETIREMENT

Mr. Tisei moves to amend the bill in section 61 by adding at the end of subsection (a) (i) the following words:- "Notwithstanding any of the provisions of above or any other provision in this section cities and towns at their discretion may exempt employees of municipal lighting plants, established under section 34 of chapter 164 of the general laws, from the provisions of this section."

Clerk 22
ECONOMIC TARGET AREA - BROOKFIELD

Mr. Brewer moves to amend the bill, by inserting, after Section ___, the following new Section:-
"SECTION ___. Notwithstanding section 3D of chapter 23A of the General Laws, the town of Brookfield is hereby included in the Ware River Valley Economic Target Area and the economic assistance coordinating council shall exercise its powers and take all actions necessary or appropriate with respect to the economic target area in accordance with said chapter 23A."

Clerk 23
RMV Notification

Ms. Menard moves to amend the bill by striking out in their entirety the following sections 28, 29 and 30.

Clerk 24
MIDDLESEX REGIONAL RETIREMENT SYSTEM

Ms. Resor moves to amend the bill by inserting after Section 66 the following new sections:-
"SECTION 66A. Notwithstanding any general or special law to the contrary, the terms of the members currently serving on the Middlesex Regional Retirement Board shall end six months from the date of passage of this act. The regional retirement board advisory council shall choose the first, second and third members; and shall organize an election for the fourth, fifth and sixth members, all in accordance with chapter 34B of the general laws as herein amended. The first selection of the first, second, third, fourth, fifth and sixth members shall be chosen such that their respective terms shall begin on the same day and shall end on December 31 of the year in which their term is scheduled to end. The term of the current fifth member shall also end six months from the date of passage of this act and the public employees' retirement administration commission shall then appoint a seventh member for a term of one year. Once the term of the seventh member expires, his successors shall be chosen in accordance with the provisions of chapter 34B of the general laws as herein amended.
SECTION 66B. The public employees' retirement administration commission shall appoint an interim executive director immediately upon passage of this act. The interim executive director shall serve a term of one year and shall have all of the duties and responsibilities of the executive director of the Middlesex Retirement System in accordance with chapter 34B of the general laws as herein amended."
And moves to further amend the bill by inserting after Section 6, the following new section:-
"SECTION 6A. Chapter 34B of the General Laws is hereby amended by adding the following section:
Section 19A. Notwithstanding the provisions of section 19 of chapter 34B of the general laws, chapter 32 of the general laws, or any other general or special law to the contrary, the retirement system of Middlesex County, an abolished county, shall continue pursuant to this section and shall be managed by the retirement board as provided in this section, but any provisions of chapter 32 of the general laws that apply to county retirement systems and are not inconsistent with the provisions of this chapter shall apply to the Middlesex Regional Retirement System.
(a) The contributory retirement system established for Middlesex County, an abolished county, operating under the terms of sections 1 to 28, inclusive, of said chapter 32 shall be known as the Middlesex Regional Retirement System, and all business shall be transacted under this name.
(b) Said system shall be managed by a retirement board, which shall have the general powers and duties set forth in subdivision (5) of section 20 of chapter 32. Said board shall consist of seven members as follows:
(1) The first, second and third members shall be members of the regional retirement board advisory council, and shall be elected by a majority of those present and voting at a public meeting of said council, properly posted, called specifically for such election pursuant to paragraph (g), for successive three-year terms, which shall be organized such that ultimately one member is elected every year for a three year term.
(2) The fourth, fifth and sixth members, hereinafter referred to as the elected members, shall be active or retired members of the regional retirement system or one whose retirement is being reimbursed by that system in accordance with the provision of paragraph (c) of subdivision (8) of section 3 of chapter 32. The elected members shall be chosen for successive three year terms, which shall be organized such that ultimately one member is elected every year for a three year term. The elected members shall be chosen in accordance with paragraphs (g) and (i).
(3) A seventh member, who shall not, except as provided in this subparagraph, be an employee, retiree or official of the retirement system, or of any of its constituent governmental units, shall be chosen by the other six members and serve for a term of five years. If the successor to the seventh member is not chosen as provided in this subparagraph within 30 days of the expiration of his term, or of any earlier vacancy in his office, the public employee retirement administration commission shall appoint the seventh member.
(4) Upon the expiration of the term of office of any elected or appointed member, or in the event of a vacancy in either of said offices, his successor shall be elected or appointed as aforesaid for a term of three years, or for the unexpired portion thereof, as the case may be.
(c) The members of the regional retirement board shall be compensated in an amount to be determined by the board, subject to the approval of the advisory council, but not to exceed the amounts set forth in subdivision (6) of section 20 of chapter 32. The regional retirement board shall choose one of its members to serve as chairman of the retirement board for terms of one year.

(1) Executive Director. The regional retirement board shall appoint an individual qualified by education and years of experience who is not a member of the regional retirement board or the advisory council to serve as the executive director of the regional retirement system. The executive director shall supervise and manage the day to day operations of the regional retirement system. The executive director shall appoint, with the approval of the regional retirement board, two qualified individuals, one to serve as treasurer-custodian, and the other to serve as comptroller of the regional retirement system. This paragraph shall not be interpreted to mean that the Executive Director may at any time appoint himself to either the position of Treasurer-Custodian or Comptroller; and in no case may the same person serve as both Treasurer-Custodian and Comptroller.
(2) Treasurer-Custodian. The treasurer-custodian shall post bond in an amount to be determined by the regional retirement board, which shall guarantee the faithful performance of his duties. The treasurer-custodian shall be responsible for the general duties of a treasurer-custodian of a public employee retirement system as may be provided in the general laws where they are not inconsistent with this section. The treasurer-custodian shall also receive and maintain custody of all funds belonging to the regional retirement system and shall pay out all lawfully approved retirement benefits and expenses of the retirement system in accordance with expenditure warrants duly executed by the comptroller and the retirement board. The treasurer-custodian shall, under the direction of the regional retirement board, invest the funds of the retirement system in prudent investments that are not inconsistent with any other provision of the general laws with respect to the investment of the funds of public employee retirement systems.
(3) Comptroller. The comptroller of the regional retirement system shall provide for an annual financial audit of the funds of the regional retirement system and shall produce all the official financial statements of the retirement system as may otherwise be required. The annual financial audit with management recommendations and the annual financial statements of the regional retirement system shall conform to generally accepted accounting principles and shall be timely filed by the comptroller with the clerk of each governmental member unit. The comptroller shall also be responsible to maintain the accounting of the various fund account balances of the regional retirement system and no monies may be paid by the treasurer-custodian except those itemized on a warrant to be executed by the comptroller which must also be approved by a majority of the members of the regional retirement board. The comptroller may disallow any retirement benefits or administrative expenses that are fraudulent, excessive or unlawful; and any retirement benefits or administrative expenses so disallowed shall not be paid by the treasurer-custodian.
(4) The treasurer-custodian and the comptroller must also reconcile the total of all cash and investments in the custody of the treasurer-custodian with the fund balances maintained by the comptroller on a monthly basis. All other duties and responsibilities of the regional retirement system shall be carried out by the executive director.
(5) The executive director, treasurer-custodian and comptroller of a regional retirement system shall be appointed subject to the terms of an employment contract, but such an employment contract may be cancelled and the executive director, treasurer-custodian or comptroller may be removed by the retirement board at any time upon reasonable cause. Employment contracts shall be approved by the regional retirement board and any salaries and benefits paid pursuant to such employment contracts shall be paid out of the expense fund of the retirement system. In no case may such an employment contract exceed a term of three years. The executive director, treasurer-custodian and comptroller shall be members of the retirement system for which they serve, but shall not be eligible to be a member or candidate for election to the retirement board.
(6) Upon the vacancy of the offices of executive director, treasurer-custodian, or comptroller of the regional retirement system, an interim appointment may be made until a permanent appointment is made; and such an interim appointee shall have the same powers and be subject to the same duties as if that person were the permanent appointee, during the time of such an interim appointment. An interim appointee shall be referred to as acting executive director, acting treasurer-custodian or acting comptroller and that person's salary and benefits shall be paid out of the expense fund in accordance with the direction of the regional retirement board.
(d) The executive director may employ clerical and other assistants as may be required to transact the business of the retirement system. All permanent employees employed pursuant to this paragraph shall be members of the retirement system, but shall not be eligible to be a member or candidate for election to the retirement board.
(e) A regional retirement board shall be authorized to purchase or lease property, facilities and equipment and employ any such personnel necessary for the proper administration and transaction of the business of the retirement system. If a regional retirement system purchases real estate for its office space and the amount of space available in any such building as may exist on the real estate exceeds the current office space needs of the regional retirement system; the extra space may be leased at market rates and the rent collected shall be deposited into the investment income account and shall be treated as investment income. The regional retirement system may only purchase real estate that is suitable for its office space, and may only purchase real estate that it can reasonably expect to fully occupy at some point in the future. The executive director shall be responsible for purchasing any liability insurance to protect the retirement system and its assets from any potential claims that may result from ownership of such real estate and the premiums for any such insurance shall be paid out of the expense fund.
(f) The board of the regional retirement system and the treasurer-custodian thereof shall respectively be and act as the board and treasurer-custodian of such system with respect to the employees of any town or district who become members of such system as provided for in paragraphs (b) or (c) of subdivision (3), or paragraph (b) of subdivision (4) of section 28 of chapter 32, or who have become members thereof under corresponding provisions of earlier laws. The treasurer or other disbursing officer of any such town or district, as the case may be, shall act as a liaison officer between the employees thereof and the board of such system.
(g) There shall be a regional retirement board advisory council consisting of either one or two representatives from each governmental member unit as follows: The first representative shall be the treasurer, whether elected or appointed, of each city, town, unit or district that belongs to the regional retirement system. Any member unit that has in excess of 100 participants who are either active or retired shall choose a second representative who shall be appointed by the chief executive authority of the member unit as follows: in a city/town having a city/town manager form of government, by the city/town manager, otherwise by the Mayor or Board of Selectmen, as the case may be; in school districts, by the Superintendent; in other member units, by the board or committee that serves as the chief appointing authority for that member unit. The members of said advisory council shall elect a chairman from among the members who shall be selected for a term of one year. The chairman of the advisory council shall preside, and be responsible for ensuring orderly proceedings, during the meetings of the advisory council. Said council shall meet at the call of the retirement board but in no event less than twice in each year, which meetings shall take place on April 1 and October 1 of each year unless the retirement board chooses a different meeting date that falls within 30 days of April 1 and October 1. Said council shall also meet anytime at the call of either the chairman or the financial oversight committee or within 30 days of the submission of a petition from at least 15 members of the advisory council. Said council shall supervise and certify the procedures involved in the election of the elected members of the retirement board, as provided in paragraphs (b) and (i). The regional retirement board advisory council, at a meeting called specifically for that purpose, shall elect three of its members as members of the regional retirement board, as provided in paragraph (b) (1).
(1) There shall be a permanent standing financial oversight committee of the advisory council. The financial oversight committee shall consist of nine members of the advisory council. The chairman and first member of the financial oversight committee shall be the chairman of the advisory council. The remaining eight members shall be chosen by the advisory council for staggered three year terms.
(2) Before any estimate of administrative expenses and costs of the regional retirement system may be presented to the advisory council for approval, the estimate must first be submitted to the financial oversight committee. The financial oversight committee shall review the estimate of administrative expenses and costs and shall make recommendations to the advisory council on approval or denial of any such estimates.
(3) Before the actuary prepares the final actuarial valuation report, the actuary shall notify the chairman of the financial oversight committee of his/her assumptions relative to investment return, rates of regular compensation and any other variable factors that will have an impact upon the calculation of pension liabilities of member units. The financial oversight committee shall review any such assumptions and may make non-binding recommendations to the retirement board and the actuary with respect to the use of such assumptions.
(4) On a quarterly basis, the treasurer-custodian shall provide investment performance reports to the chairman of the financial oversight committee. The financial oversight committee shall review and may make non-binding recommendations to the retirement board relative to investment policies and procedures.
(5) The advisory council may enact rules of procedure that will govern the term of the chairman, the conduct of the proceedings of the advisory council, the appointment of committees, and any other activities of the advisory council.

(h) The fiscal year of the regional retirement system shall run from July 1st through June 30th of each year. An estimate of administrative expenses and costs of the regional retirement system for each fiscal year shall be approved by both the regional retirement board and the regional retirement board advisory council on or before the October 15th preceding the beginning of each fiscal year. No amounts may be charged from the investment income account and credited into the expense fund and no funds may be paid from the expense fund except in accordance with the approved estimate of administrative expenses and costs or in accordance with any supplemental estimates of administrative expenses and costs. Supplemental estimates of administrative expenses and costs for any year may only be approved by the regional retirement board and the regional retirement board advisory council in the same manner as the original estimate. At the end of each fiscal year any excess in the expense fund, once all administrative expenses relative to that fiscal year have been paid, not including any encumbrances, shall be transferred back into the investment income account. The total balance in the investment income account, after any excess from the expense fund has been turned back, shall be transferred into the pension reserve fund and shall be used to offset the accrued pension liability of each member unit proportionally according to the percentage of assets attributable to each member unit when compared to the total of assets attributable to all member units combined. If the investment income account is in deficit at the end of the fiscal year, the amount of the deficit shall be transferred into the investment income account from the pension reserve fund and the charge shall be applied to the accrued pension liability of each member unit proportionally according to the percentage of assets attributable to each member unit when compared to the total of assets attributable to all member units combined.
(i) The regional retirement board advisory council, which shall serve as the election board, shall supervise the election of the elected members of the retirement board. The council shall make available nomination papers to any member in or retired from service so requesting and shall require that such nomination papers be signed by the candidate and be returned to the office of the retirement board for safekeeping until the election board shall meet. The chairman of the council shall give a duplicate receipt for such nomination papers to each candidate. Completed nomination papers shall contain the signatures and addresses of at least five active or retired members of said retirement system. The election board shall determine whether each candidate has filed nomination papers containing the requisite signatures and addresses. If, after investigation, the election board determines that a candidate has filed nomination papers containing less than five signatures as required, the election board shall declare said nomination papers invalid and shall notify the candidate of such determination. If, after investigation, the election board determines that only one candidate has filed the requisite number of signatures, the election board shall declare said candidate to be the elected member of the regional retirement board. If, after investigation, the election board determines that more than one candidate has obtained the requisite number of valid signatures, the election board shall notify said candidates of such determination and shall immediately prepare election ballots, and set the date for an election to be held within 40 days. The election board shall mail ballots to all members of the retirement system whether active or retired. The election board shall instruct each member to place an appropriate marking on the face of the printed ballot envelope next to the name of one candidate, insert the ballot into a ballot envelope, and the ballot envelope into the pre-stamped envelope, seal said pre-stamped envelope and mail said envelope to the election board in care of the county retirement board, within 20 days after they were mailed. Any envelope postmarked later than 20 days after such mailing shall not be used to determine the elected member. The election board shall notify each candidate of the time and location of the tabulation of the ballots and shall permit all such candidates to be present at said tabulation. At the specified time for tabulation, the election board shall assemble all envelopes and inspect said envelopes. Any envelope which has been opened prior to said date, or which has not been signed on the rear by the appropriate addressee, shall be invalidated and shall not be used to determine the elected member. The election board shall, assemble all properly signed, unopened envelopes and shall open each envelope and separate the enclosed ballot from said envelope. The election board shall assemble all ballots and shall tabulate the vote for each candidate. Any ballot which contains a marking for more than the number of vacancies shall be declared invalid. The election board shall notify each candidate in writing of the results of said election. All envelopes and ballots received by said election board, including those determined to be invalid, shall be preserved by the election board for two years. The costs incurred by the election board in administering the election shall be paid from the regional retirement system expense fund.
(j) The group insurance commission shall make available to board members and employees of a regional retirement board health, life and disability benefits, and said board members and employees shall be eligible to participate in all benefits administered by the group insurance commission. The costs thereof, including any administrative costs incurred by the group insurance commission shall be borne by said employees and board members and the regional retirement system. Any benefits provided, prior to the abolition of county government, to employees and retirees of a regional retirement system that are not available through the group insurance commission may be provided to such employees and retirees through the regional retirement system; provided, however, that said system is fully reimbursed, in the case of retirees, for the cost of such benefits, and, in the case of employees, is reimbursed in a percentage equal to that of the percentage paid by state employees for similar benefits.
(k) Any employer shall be required to provide a board member under its employ with all necessary leave required for service to such board. A board member who is an active member of a contributory retirement system shall receive creditable service, consistent with the provisions of paragraph (a) of subdivision (1) of section 4 of chapter 32, for such periods the member is so serving.
(l) The abolished county's prior retirement board and prior retirement board advisory council shall continue to serve until such time as the members of the new retirement board and the new retirement board advisory council pursuant to this section have been duly elected, selected or appointed, as the case may be.
(m) The actuary, for purposes of determining the allocation of assessments to member units, shall determine the total assets and liabilities in the regional retirement system as they are attributable to each individual member unit. On or before December 15 of each year, the actuary shall determine the accrued pension liability that is attributable to each member unit and shall also determine the assets attributable to each member unit that offset the accrued pension liability as of the previous January 1st. Each member unit shall ultimately be responsible to deposit sufficient assets into the pension reserve fund to offset the portion of its accrued pension liability that is not fully offset by assets attributable to that member unit; and, this may be done either by the issuance of pension obligation bonds or according to a funding schedule adopted by the member unit.
(n) Any member unit may issue pension obligation bonds, the proceeds of which shall offset all or a portion of the member unit's accrued pension liability, in accordance with chapter 44 and chapter 44A of the general laws and such pension obligation bonds shall be considered a purpose for borrowing money outside the debt limit in accordance with section 8 of chapter 44 and such debt shall be payable within the following time periods: if the member unit's pension liability is more than 95% offset by assets, five years; if the member unit's liability is less than 95% offset but more than 85% offset, ten years; if the member unit's liability is less than 85% offset but more than 75% offset, twenty years; if the member unit's liability is less than 75% offset, thirty years. All proceeds received on the issuance of pension obligation bonds, including any premium received or discount charged on the sale of such bonds, shall be immediately deposited into the pension reserve fund of the regional retirement system and shall offset the pension liability attributable that member unit.
(o) The principal and interest payments on pension obligation bonds issued by any member unit may be excluded from the property tax levy limitations as set forth in sections 21C and 21D of chapter 59 of the general laws; provided that such exclusion is approved in accordance with the procedures set forth in said sections 21C and 21D of said chapter 59.
(p) Any member unit that does not issue pension obligation bonds, or issues pension obligation bonds but the proceeds of those bonds are not sufficient to fully offset that member unit's pension liability, must adopt a funding schedule within the guidelines set forth in paragraph (r) that shall be filed with the regional retirement board on or before the first day of that member unit's next fiscal year. The regional retirement board shall then adopt an annual assessment to each member unit in accordance with the funding schedules so adopted. The regional retirement board shall, within 30 days of the beginning of a member unit's fiscal year, adopt a funding schedule, within the guidelines set forth in paragraph (r), for any member unit that either does not adopt a funding schedule on or before the first day of that member unit's next fiscal year or adopts a funding schedule that does not comply with the guidelines as set forth in paragraph (r), unless the member unit subsequently adopts a funding schedule that complies with the guidelines of paragraph (r) within 90 days of the first day of its fiscal year in which case the retirement board shall rescind its previously adopted funding schedule.
(q) Funding schedules that are adopted by member units shall be adopted as follows: in cities or in towns with a town council, by the council; in other towns, by the board of selectmen; in regional school districts, by the school committee; in other districts and authorities, by the board or committee that has executive authority over such district or authority. The funding schedule for the regional retirement system's employees shall be adopted by the regional retirement board and the costs shall be apportioned to the member units according to the proportion of the assets attributable to that member unit in the retirement system when compared to the total of all assets in the retirement system.
(r) Funding schedules shall be adopted within the following guidelines: if the member unit's accrued pension liability is more than 95% offset by assets, that member unit's accrued pension liability must be fully offset within five years; if the member unit's liability is less than 95% offset but more than 85% offset, ten years; if the member unit's liability is less than 85% offset but more than 75% offset, twenty years; if the member unit's liability is less than 75% offset, twenty-five years. All funding schedules must provide for annual payments that will fully offset the accrued pension liability, and in no case may a funding schedule provide that an accrued pension liability will extend beyond the year 2028. The regional retirement board must subsequently determine that a member unit's funding schedule complies with this and all other applicable provisions of law and good practice before the regional retirement board may accept such a funding schedule. If the regional retirement board determines that a member unit's funding schedule does not meet the requirements of the law or of good practice, the member unit may appeal the regional retirement board's determination to the public employees' retirement administration commission whose determination shall be final, or the member unit may submit a new funding schedule.
(s) The payments toward an accrued pension liability funding schedule for any member unit may be excluded from property tax levy limitations as if these payments were capital outlay expenditures as set forth in sections 21C and 21D of chapter 59 of the general laws; provided that such exclusion is approved in accordance with the procedures set forth in said sections 21C and 21D of said chapter 59.
(t) When the actuary periodically revises the amount of each member unit's accrued pension liability, as is required by the provisions of chapter 32, each member unit must either issue new pension obligation bonds or adopt a new funding schedule by the first day of that member unit's next fiscal year in accordance with paragraphs (n), (o), (p), (q), (r) and (s)."

Clerk 25
Increasing the motel-hotel tax percentage that a municipality may choose to impose

Mr. Morrissey moves to amend the bill, Senate Bill 2010, by inserting after section the following new section: -

SECTION 30A. Section 3A of Chapter 64G of the Massachusetts General Laws, as appearing in the 2000 official edition, is hereby amended in line 4 by striking out the word "four" and inserting in place thereof the word "six" and in line 10 by striking out the number "4.5" and inserting in place thereof the following new number "6.0".