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Mr. Rosenberg moves to amend the bill (Senate, No. 2010) by inserting, after Section 59, the following two sections: -
"SECTION 59A. Subsection (q) of section 567 of chapter 151 of the acts of 1996 is hereby amended by striking out, in the first sentence, the words "health insurance plans,".
SECTION 59B. Said subsection (q) of said section 567, as so appearing, is hereby further amended by inserting after the first paragraph the following:- Employees of Franklin county who have retired shall be deemed "Elderly governmental retirees" as defined in subsection (f) of section 2 of chapter 32A of the Genral Laws and shall be entitled to all the benefits and responsibilities of elderly governmental retirees as stated herein.

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ADDITION OF ABC TO THE STUDY COMMISSION ON CONSTRUCTION

Mr. Rosenberg moves to amend the bill (Senate, No. 2010), in section 70, by striking out, in line 3, the words: "12 members" and inserting in place thereof the following :- 13 members
and to further amend the bill(Senate, No. 2010) in section 70, by inserting after the words "the president of the Massachusetts Building Trades Council of Massachusetts" the words:- the president of the Massachusetts Chapter of Associated Builders and Contractors.

Clerk 28
Providing creditable service buyback for vocational school teachers

Mr. Morrissey moves to amend the bill, Senate Bill 2010, by inserting after section 5 the following new section:-

SECTION 5A. Subdivision (1) of section 4 of chapter 32 is hereby amended by inserting after paragraph (h) the following paragraph:-
(h 1/2) Any member in service of the teachers' retirement system or teacher employed by the City of Boston who is employed in a vocational-technical school or teaching in a school's vocational-technical program approved by the department of education under chapter 74 may receive creditable service for any period or periods of work experience in the occupational field in which the member teaches, and which was required as a condition of the member's employment pursuant to regulations of the department of education. No credit shall be allowed until such member has paid into the annuity savings fund of the system before any retirement allowance becomes effective for such member, in one sum, or in installments, upon such terms and conditions as the board may prescribe, makeup payments of an amount equal to
10 percent of the regular annual compensation of the member when said member entered the retirement system for each year of service so purchased. No credit shall be allowed and no payment shall be accepted under this paragraph until the member shall have completed ten or more years of membership service. The maximum creditable service allowable under this paragraph for any member shall not exceed three years. Members in service of a retirement system eligible for said creditable service under this act shall make application for said
creditable service within ninety days of being notified by the retirement board of their eligibility after becoming vested in the retirement system, or for currently eligible members, within ninety of the effective date of this act.

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EARLY RETIREMENT

Mr. Tolman moves to amend the bill, Senate No. 2010, in Section 61 by striking subsections (c), (d) and (e) in their entirety.

Clerk 30
RELATIVE TO THE REAL ESTATE TAX EXEMPTION

Mr. Glodis moves to amend the bill by inserting after Section 71 the following new section:-

Section ___. Section 5 of Chapter 59 of the Massachusetts General Law is hereby amended by adding the following:

Fifty-fifth. Notwithstanding the provisions of any other general or special law to the contrary, all real estate owned or occupied by a private college, junior college, or university, shall be subject to taxation at the lowest municipal tax rate in which the real estate is located; provided, however, that real estate used exclusively for academic purposes shall, subject to existing filing requirements, be exempt from such taxes.

In no case shall real estate be construed as being used exclusively for academic purposes unless the majority of use of the real estate is used for academic purposes. In no case shall dormitories, student or administrative housing, libraries, gymnasiums, athletic fields, student unions, theaters or cafeterias be exempt from taxation.

Notwithstanding the language of this clause, each municipality, in which an effected educational institution maintains real estate, shall retain the right to enter into payment in lieu of taxes agreement instead of subjecting such real estate to property tax. Every five years a municipality shall reserve the right to revert between property taxation and payment in lieu of taxes agreements.

The Commissioner shall promulgate appropriate regulations to carry forth the intent of this clause.

Clerk 31
Amendment Relative to Sewer Charges for Municipalities

Ms. Creem moves to amend the bill (S.2010) after section 71 by inserting the following new Section:-
SECTION 72. Chapter 40 of the Massachusetts General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following section:
Section 39M. Notwithstanding any provision of any general or special law to the contrary, rates assessed or charged by cities, towns and water districts for water and sewer use may include the cost of providing water and sewer service to municipal properties, including without limitation, buildings, facilities and grounds.

Clerk 32
MUNICIPAL LIGHT PLANT BIDDING AMOUNT

Mr. Morrissey of Quincy moves that Section 56D of Chapter 164, as amended by Chapter 130 of the Acts of 2001 is herby further amended by striking out in Sections 1 and 2 the figure $25,000 and inserting in its place the figure $100,000.

Clerk 33
SCHOOL BUILDING MAINTENANCE HIATUS

Mr. Knapik moves that the bill be amended by adding at the end thereof the following section:-
"SECTION ____. Cities and towns may suspend for fiscal years 2004 and 2005 any required expenditures on the maintenance of school buildings and property, as mandated by the Education Reform Act of 1993."

Clerk 34
TRUNCATED SCHOOL WEEK

Mr. Knapik moves that the bill be amended by adding at the end thereof the following section:-

"SECTION ___. Section 1 of chapter 71 of the general laws, as appearing in the 2000 Official Edition, is hereby amended by adding at the end of the first paragraph the following text:-
Any city, town, or school district by vote of its school committee may operate the schools on a 4-day school week, providing that the committee submit to the board of education its plan to fulfill the required hours of instruction."

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LOCAL OPTIONS MEAL TAX - LOCAL APPROVAL

Mr. Knapik moves to amend the bill in Section 31 by striking the words "in the manner provided in section 4 of chapter 4" and inserting in place thereof the words " by referendum vote."

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PROFESSIONAL DEVELOPMENT MANDATE

Mr. Knapik moves to amend the bill by adding at the end thereof the following section:-
"SECTION ___. The board of education is hereby directed to suspend for fiscal years 2004 and 2005 the required expenditure on professional development as defined in the regulations of the department of education for those school districts receiving aid from item 7061-0008 of the general appropriations act of the given fiscal years."

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LIBRARY MATERIALS EXPENDITURES

Mr. Knapik moves to amend the bill by inserting at the end thereof the following section:-
"SECTION ____. The board of library commissioners shall grant waivers to those libraries unable to meet the criteria of the FY 2004 Municipal Appropriation Requirement. Libraries granted waivers shall complete and file with said board the FY 2004 Municipal Appropriation Requirement forms."

Clerk 38
RELATIVE TO THE PENALTY FOR "DOUBLE POLLING"

Ms. Creem and Mr. Morrissey move to amend the bill (S.2010) by adding the following new Section:-
SECTION ___. Section 34B of Chapter 164 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting in line 9 after the words "new pole" the following:-
"Failure to remove an existing pole as required by this section shall result in a fine of $50, provided that each day that a pole remains in violation of this section shall constitute a new offense, provided further, that after thirty days, if such pole remains in violation of this section such fine shall be increased to $100 and each day that a pole remains in violation of this section shall constitute a new offense. Said fine shall be payable to, and enforced by, the city or town in which such pole is located, provided that the department of telecommunications and energy shall assist cities and towns as necessary with the enforcement of this section. A distribution company or telephone company affected by this section may apply for, and shall be granted by the city or town, up to an additional 45 days to comply with this section upon showing satisfactory proof that any delay in removing a pole has been caused a party other than the distribution company or telephone company or other circumstance deemed to be beyond the control of the distribution company or telephone company.

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LIBRARY WAIVER - STATE AID

Mr. Knapik moves to amend the bill by adding at the end thereof the following section:-
"SECTION ___. Section 19A of chapter 78 of the general laws is hereby amended by striking the last paragraph."

Clerk 40
RELATIVE TO PUBLIC SCHOOL TRANSPORTATION FEES

Ms. Fargo moves to amend the bill, in Section 35, by adding the following words:-
"No student eligible for free or reduced lunch, under the federal school lunch program, shall be required to pay such a fee. Any fee paid by a Massachusetts taxpayer to a school committee for the purpose of providing transportation to and from a Massachusetts public school to this section or any other section shall serve as a deduction from said taxpayer's personal income taxes due in the calendar year that said fee is paid. Said deduction shall not exceed $500 per child for whom said transportation fee is paid."

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AUTO DEALER LICENSING FEES

Mr. Knapik moves that the bill be amended by adding at the end thereof the following section:
"SECTION____. Section 59 of Chapter 140 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended striking out, in lines 5 and 6, the following words:
"one hundred dollars" and inserting in place thereof: "two hundred dollars".

Clerk 42
INCREASING THE FINE FOR AN UNBUCKLED CHILD

Ms. Fargo moves to amend the by inserting, after Section 71, by adding the following new Section:-
SECTION 72. (a) Section 7AA of Chapter 90 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
No child who is 5 years of age or older, but not older than the age at which such child may first obtain a valid junior operator's license under section 8 of this chapter, shall ride as a passenger in a motor vehicle on any way unless such child is wearing a safety belt which is properly adjusted and fastened according to the manufacturer's instructions.
(b) Section 7AA of said chapter 90 is hereby further amended by striking out the second sentence of the third paragraph and inserting in its place the following sentence:-
An operator of a motor vehicle shall be subject to a fine of $50 for each child who is not fastened and secured by a child passenger restraint or who is not wearing a safety belt in accordance with the provisions this section; provided, however, that said $50 fine shall not apply to an operator of a motor vehicle licensed as a taxi cab not equipped with a child passenger restraint device.
(c) Section 13A of said chapter 90, is hereby amended by striking out subsection (a) of the first paragraph thereof and inserting in its place the following subsection:
(a) any child less than the age at which a valid junior operator's license may first be obtained who is subject to the provisions of section seven AA;
(d) Section 13A of said chapter 90 is hereby further amended by striking out the first sentence of the second paragraph and inserting in its place the following paragraph:-
Any person over the age at which a valid junior operator's license may first be obtained who operates a motor vehicle without a safety belt, and any person over the age at which a valid junior operator's license may first be obtained who rides as a passenger in a motor vehicle without wearing a safety belt in violation of this section, shall be subject to a fine of $25 dollars.
(e) Section 13A of said chapter 90 is hereby further amended by striking out the second sentence of the second paragraph.

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Relative to the Acquisition of Property by a Municipality

Ms. Creem moves to amend the bill (S.2010) by adding the following new Section:-
SECTION ____. Section 5 of chapter 44B of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding at the end thereof the following:-
(f) Section sixteen of chapter thirty-B shall not apply to the acquisition by a city or town, of real property or an interest therein, as authorized by this chapter for the purposes of community preservation and upon recommendation of the community preservation committee, and notwithstanding the provisions of section fourteen of chapter forty, for purposes of this chapter, no such real property, or interest therein, shall be acquired by any city or town for a price exceeding the value of said property as determined by such city or town through procedures customarily accepted by the appraising profession as valid.

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AMENDING THE STUDY OF GOVERNMENT CONSTRUCTION PROJECTS

Ms. Fargo moves to amend the bill, in Section 70, in the second sentence, by striking out the number "12" and inserting in place thereof the following number: - "14",
and by inserting, after the words "Mayor's Association", the following words: -
"2 members appointed by the Executive Director of the Massachusetts Municipal Association, one of whom shall be a representative of a town and one of whom shall be a representative of a city".

Clerk 45
ABILITY TO CHOOSE BETWEEN THREE LOWEST BIDDERS

Mr. Knapik moves that the bill be amended by adding at the end thereof the following section:-

"SECTION____. Subsection (2) of section 44A of chapter 149 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in lines 50 and 51, the words "the lowest eligible and responsible general bidder" and inserting in place thereof the following words:-
"any one of the three eligible and responsible bidders, as determined in the best interest of the awarding authority. The awarding authority shall not be held liable for monetary damages to the rejected bidders. Furthermore, if a rejected bidder challenges the decision of the awarding authority, and said challenge is unsuccessful, the awarding authority shall be entitled to recover all legal fees"."

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Amendment Relative to Storm Drain Costs

Ms. Creem moves to amend the bill (S.2010) by inserting the following new Section:-
SECTION ___. Section 39J of chapter 40 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended in line 9 by adding, after the word "services", the following words:- "and may include the costs of operation, construction and maintenance of storm drain facilities in said city or town."

Clerk 47
CONTRACT PROCUREMENT - 1

Mr. Knapik moves that the bill be amended by adding at the end thereof the following section:-
"SECTION_______. Section 6 of Chapter 30B of the general laws, as appearing in the 2000 Official Edition, is hereby amended, in subsection (a), in line 1, by striking out the figure "25,000" and inserting in its place thereof the figure "50,000"."

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CONTRACT PROCUREMENT - 2

Mr. Knapik moves that the bill be amended by adding at the end thereof the following section:-
"SECTION_____. Section 7 of chapter 30B of the general laws, as appearing in the 2000 Official Edition, is hereby amended, in subsection (a), in line 1, by striking the figure "25,000" and inserting in its place thereof the figure "50,000"."

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PREVAILING WAGE

Mr. Knapik moves that the bill be amended by adding at the end thereof the following section:-
"SECTION____. Section 53 of chapter 44 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting, in line 13, after the words "as provided in section six or six A" the following:-
"and provided, further, that section 27 of chapter 149 shall not apply to cities and towns for said projects in the amount of $100,000 or less"."

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Motor Vehicle Valuation

Ms. Menard moves to amend the bill, after section 71, by adding the following new section:-
"SECTION 72. Chapter 60A of the General Laws is hereby amended by inserting after section 1 the following section:-
Section 1B. (a) Upon acceptance of this section by a city or town in the manner provided in section 4 of chapter 4, there shall be assessed and levied in each calendar year on each motor vehicle and trailer registered under chapter 90, for the privilege of the registration, an excise measured by the value thereof, at the rate of $25 per $1000 of valuation. For the purpose of this excise, the value of a motor vehicle or trailer shall be deemed to be the value, as determined by the commissioner of revenue, of a motor vehicle or trailer of the same make, type, model and year of manufacture as designated by the manufacturer, but not in excess of the following percentages of the list price established by the manufacturer for the year of manufacture, namely:-

In the year preceding the designated year of manufacture...…50%
In the year of manufacture.……………………………….…90%
In the second year…………………………………….……70%
In the third year.……………………………………………..50%
In the fourth year.…………………………………………...35%
In the fifth year………………………………………………25%
In the sixth and succeeding years……………………………10%