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Clerk 51
An Amendment Relative to Electronic Bidding

Mr. Tarr moves to amend the bill (Senate bill 2010) by adding, at the end thereof, the following new section: -

SECTION____. Section 44B of Chapter 149 of the General Laws is hereby amended by adding, after subsection (1) the following subsection: -

"(2) The availability of complete electronic bid sets free of charge complies with subsection (1) above."

Clerk 52
An Amendment Relative to Property Tax Overlay

Mr. Tarr moves to amend the bill (Senate 2010) by striking Section 13.

Clerk 53
An Amendment Relative to Regional School Committee Debt Refinancing

Mr. Tarr moves to amend the bill (Senate bill 2010) by adding, at the end thereof, the following new section: -

SECTION___. Section 21A of Chapter 44 of the General Laws is hereby amended by striking the first sentence and inserting in place thereof the following new sentence: -

"The city council of a city, the board of selectmen of a town, the school committee of a regional school district, and the prudential committee, if any, otherwise, the commissioners of a district, may authorize and provide for the issuance of refunding bonds or notes of the city, town, regional school district, or district for the purpose of paying or refunding all or any designated part of an issue of bonds or notes then outstanding, including the amount of any redemption premium thereon; provided, however, that no such refunding bonds shall be payable over a period longer than the period during which the original bonds or notes so refunded must be paid pursuant to law."

Clerk 54
An Amendment Relative to Regional School Committee Debt Refinancing

Mr. Tarr moves to amend the bill (Senate bill 2010) by adding, at the end thereof, the following new section: -

SECTION___. Section 16 of Chapter 71 of the General Laws is hereby amended by adding, at the end thereof, the following: -
"(s) To refinance any debt incurred under paragraphs (d), (e), or (n), in accordance with the provisions of section 21A of Chapter 44 of the General Laws."

Clerk 55
Price Adjustment Review Commission

Mr. Antonioni moves to amend the bill (Senate 2010) by inserting at the end thereof the following new section:-
Section____ Notwithstanding the provisions of any general or special law to the contrary, the operational services division shall establish a price adjustment review commission which shall make recommendations about special education rate calculations and rate structures for fiscal year 2005. Said commission shall include the commissioner of social services or his designee, the commissioner of education or his designee, the secretary of administration and finance or his designee, the house and senate chairs of the joint committee on education or their designees, the chairs of the house and senate ways and means committees or their designees, a representative of the Massachusetts association of school committees, a representative of the Massachusetts association of school superintendents, a representative of the Massachusetts association of special education administrators, and a representative of the Massachusetts association of chapter 766 approved private schools. Said commission shall submit its report to the legislature, along with any proposed legislation necessary to carry such recommendation into effect, no later than October 1, 2003.

Clerk 56
AN AMENDMENT RELATIVE TO TAX INCREMENT FINANCING

Mr. Tarr moves to amend the bill (Senate bill 2010) by adding, at the end thereof, the following new section: -

SECTION___. Chapter 40 of the General Laws is hereby amended by adding the following section: -
Section 60. (a) Notwithstanding any general or special law to the contrary, a city or town by vote of its town meeting, town council or city council with the approval of the mayor where required by law, on its own behalf or in conjunction with one or more cities or towns and pursuant to regulations issued by the director of housing and community development, in consultation with the department of economic development and the department of revenue, may adopt and prosecute an urban center housing tax increment financing plan, hereinafter referred to as a UCH-TIF plan, intended to encourage increased residential growth, affordable housing and commercial growth in urban center housing zones and do all things necessary thereto; provided, however, that the UCH-TIF plan shall:
(i) designate any area of the city or town as an urban center housing tax increment financing zone, hereinafter referred to as a UCH-TIF zone, which shall be defined as a commercial center characterized by a predominance of commercial land uses, a high daytime or business population, a high concentration of daytime traffic and parking and a need for multi-unit residential properties; provided, however, that the designation of a UCH-TIF zone shall be subject to the approval of the department of housing and community development pursuant to regulations adopted by the department consistent with this section; provided further, that a city or town may not enter into any UCH-TIF agreement, as defined in clause (v), unless the area governed by the UCH-TIF agreement is so designated and approved by the department of housing and community development; and provided further, that in the case of a UCH-TIF plan adopted by more than one city or town, the areas designated as UCH-TIF zones shall be contiguous areas of those cities and towns.
(ii) Describe in detail all construction, reconstruction, rehabilitation and related activities, public and private, contemplated for such UCH-TIF zone as of the date of the adoption of the UCH-TIF plan; provided, however, that in the case of public construction as aforesaid, the UCH-TIF plan shall include a detailed projection of the costs and a betterment schedule for the defrayal of such costs; provided further, that the UCH-TIF plan shall provide that no costs of such public constructions shall be recovered through betterments or special assessments imposed on a party which has not executed a UCH-TIF agreement in accordance with clause (v); and provided further, that in the case of private construction as aforesaid, the UCH-TIF plan shall include the types of affordable housing and residential and commercial growth which are projected to occur within such UCH-TIF zone, with documentary evidence of the level of commitment thereof including, but not limited to, architectural plans and specifications as required by the regulations;
(iii) Authorize tax increment exemptions from property taxes, in accordance with the paragraph (a) of clause Fifty-first of section 5 of chapter 59, for a specified term not to exceed 20 years, for any parcel of real property which is located in the UCH-TIF zone and for which an agreement has been executed in accordance with clause (v); provide, however, that the UCH-TIF plan shall specify the level of exemptions expressed as an exemption percentage, not to exceed 100 percent to be used in calculating the exemption under said paragraph (a) of said clause Fifty-first of said section 5 of said chapter 59; provided further, that such exemptions shall be calculated for each such parcel as provided in said paragraph (a) of said clause Fifty-first of said section 5 of said chapter 59 using an adjustment factor for each fiscal year since the parcel first became eligible for such exemption pursuant to this clause. The inflation factor for each fiscal year shall be a ratio:
(1) the numerator of which, shall be the total assessed value of all parcels of all residential real estate that are assessed at full and fair cash value for the current fiscal year attributable to the residential real estate as determined by the commissioner or revenue pursuant to subsection (f) of section 21C of said chapter 59; or
(2) the numerator of which, in a UCH-TIF zone where the property includes a mix of residential and commercial uses, shall be the total assessed value of all parcels of all residential and commercial real estate that are assessed at full and fair cash value for the current fiscal year minus the new growth adjustment factor for the current fiscal year attributable to the residential and commercial real estate as determined by the commissioner of revenue pursuant to said subsection (f) of said section 21C of said chapter 59; and
(3) the denominator of which shall be the total assessed value for the preceding fiscal year of all the parcels included in the numerator; provided, however, that such ration should not be less than one.
(iv) establish a maximum percentage of the costs of any public construction, referenced in clause (2) and initiated subsequent to the adoption of the UCH-TIF plan, that can be recovered through betterments or special assessments against real property eligible for tax increment exemptions from property taxes pursuant to clause (3) during the period of the parcel's eligibility for exemption from annual property taxes pursuant to said paragraph (a) of said clause Fifty-first of said section 5 of said chapter 59, notwithstanding chapter 80 or any other general or special law authorizing the imposition of betterments or special assessments;
(v) include executed agreements, hereinafter referred to as UCH-TIF agreements, between a city and town and each owner of real property which is located in a UCH-TIF zone, but each such agreement, but not be limited to, the following: (1) all material representations of the parties which served as a basis for the descriptions contained in the UCH-TIF plan in accordance with clause (ii) and which served as a basis for granting of a UCH-TIF exemption; (2) any terms deemed appropriate by the city or town relative to compliance with the UCH-TIF agreement including, but not limited to, what shall constitute a default by the property owner and what remedies shall be allowed between the parties for any such defaults, including the early termination of the agreement; (3) provisions requiring that either 25 percent of the housing units assisted by the UCH-TIF agreement shall be affordable to occupants or families with incomes below 80 percent of the median income for the area in which the city or town is located as defined by the United States Department of Housing and Urban Development or such other requirement of affordable housing as is necessary to achieve financial feasibility for the development pursuant to regulations and guidelines promulgated by the department of housing and community development; (4) provisions stating that housing units that meet the affordability requirements of subclause (3) shall be subject to use restrictions as defined in this section; (5) provisions stating that the property shall be subject to an option to purchase and a right of first refusal as defined in subsections (c) and (d); (6) a detailed recitation of the tax increment exemptions and the maximum percentage of the cost of public improvements that can be recovered through betterments or special assessments regarding a parcel of real property pursuant to clauses (iii) and (iv); (7) a detailed recitation of all other benefits and responsibilities inuring to and assumed by the parties to an agreement; and (8) a provision that the agreement shall be binding upon subsequent owners of the parcel of real property; and
(vi) delegate to a board, agency or officer of the city or town, the authority to execute agreements in accordance with clause (v).
(b) An executed UCH-TIF agreement shall be submitted by the applicable city or town to the department of housing and community development for the approval of the director; provided, however, that the city or town shall, if it has not previously done so, submit a plan showing the boundaries of its urban center housing zone and a report explaining the criteria used by the city or town in establishing the zone; provided, however, that the director shall review each UCH-TIF plan and agreement to determine whether they comply with the terms of this section and any regulations which may be adopted by the director of housing and community development; provide further, that the director shall certify, based upon the information submitted in support of the UCH-TIF plan by the city or town and through such additional investigation as the director shall make, that the plan and agreement are consistent with the requirements of this section and will further the public purpose of encouraging increased residential growth, affordable housing and commercial growth in the Commonwealth; provided further, that a city or town may, at any time, revoke its designation of a UCH-TIF zone and, as a consequence of such revocation, shall immediately cease the execution of any additional agreements pursuant to clause (v) of subsection (a); provided further, a revocation shall not affect agreements relative to property tax exemptions and limitations on betterments and special assessments pursuant to said clause (v) of said subsection (a) or use restrictions or options to purchase and rights of first refusal required by this section which were executed before the revocation; provided further, that the board, agency, or officer of the city or town authorized pursuant to clause (vi) of subsection (a) to execute agreements shall forward to the board of assessors a copy of each such agreement, together with a list of the parcels included therein; and provided further, that an extended and approved UCH-TIF shall be recorded in the registry of deed or the registry district of the land court wherein the land lies.
(c) Notwithstanding any other general or special law to the contrary, an affordable housing unit benefiting from a real estate tax exemption under this section that meets the affordability requirements of subclause (3) of clause (v) of subsection (a) shall continue to meet those requirements for 40 years or for its useful life, whichever is longer as may be specified in the recorded restriction. Such restriction shall be approved by the department of housing and community development in accordance with section 32 of chapter 184 and shall be recorded in the registry of deeds or the registry district of the land court wherein the land lies. Upon the expiration of such restrictions, the department of housing and community development or its assignee shall have an option to purchase the property subject to or previously subject to a UCH-TIF agreement.
(d) (1) within 120 days after the expiration of the affordability restrictions created under this section, the department or its assignee, who shall be a qualified developer selected pursuant to the terms of this section under the guidelines of the department, shall have an option to purchase the property at its current appraised value reduced by any remaining obligation of the owner. Two impartial appraisers shall determine, within 60 days after the expiration of the affordability restrictions, the current appraised value in accordance with recognized professional standards. Two professionals in the field of multi-unit residential housing shall select each such appraiser. The owner and the department, respectively, shall each designate 1 professional within 30 days after the expiration of the affordability restrictions. If there exists a difference in the valuations provided by the appraisals, the 2 valuations shall be added together and divided by 2 to determine the current appraised value of the property.
(2) Prior to a sale or transfer or other disposition of housing assisted under this section where the department has not previously exercised an option to purchase, an owner shall offer the department or its assignee, who shall be a qualified developer selected pursuant to this section under the guidelines of the department, a first refusal option to meet a bona fide offer to purchase the property. The owner shall provide to the department or its assignee written notice, by regular and certified mail, return receipt requested, of hiss intention to sell, transfer or otherwise dispose of the property. The department of its assignee shall hold a first refusal option for the first 120 days after receipt of the owner's notice of intent to transfer the property. Failure to respond to the written notice of the owner's intent to sell, transfer or otherwise dispose of the property within 120 days after the receipt of the notice shall constitute a waiver of the right of first refusal by the department.
(3) No sale, transfer or other disposition of the land shall be consummated until either the first refusal option period has expired or the owner was notified in writing by the department or its assignee in question that the option will not be exercised. Such option may be exercised only by written notice signed by a designated representative of the department or its assignee, mailed to the owner by certified mail at such address as may be specified in his notice of intention and recorded with the registry of deeds or the registry district of the land court of the county in which the affected real property is located, within the option period. If first refusal option has been assigned to a qualified developer selected pursuant to this section under guidelines issued by the department, such written notice shall state the name and address of the developer and the terms and conditions of the assignment. An affidavit before a notary public that the notice of intent was mailed on behalf of the owner shall conclusively establish the manner and time of the giving of the notice; provided, however, that the affidavit, and the notice that the option will not be exercised shall be recorded with the registry of deeds or the registry district of the land court of the county in which the affected real property is located. Each notice of intention, notice of exercise of the option and notice that the option will not be exercised shall contain the name of the record owner of the land and description of the premises to be sold or converted adequate for identification thereof. Each such affidavit before a notary public shall have attached to it a copy of the notice of intention to which it relates. The notices of intention shall be deemed to have been duly mailed to the parties above specified if addressed to them in care of the keeper of the records for the party in question.
(4) Upon notifying the owner in writing of its intention to pursue its first refusal option during such 120 day period, the department or its assignee shall have an additional 120 days, beginning on the date of the termination of the first refusal option period, to purchase the property. The time periods may be extended by mutual agreement between the department or its assignee and the owner of the property; provided, however, that any such extension agreed upon shall be recorded in the registry of deeds or the registry district of the land court or county in which the affected real property is located. Within a reasonable time after request, the owner shall make available to the department or its assignee any information, which is reasonably necessary for the department to exercise its rights. The department or its assignee may purchase or acquire the property only for the purposes of preserving or providing affordable housing; provided, however, that such housing shall remain affordable for not less than 40 years. Such use restrictions shall be recorded in the registry of deeds or the registry district or the land court wherein the land lies.
(e) The owner of property subject to a UCH-TIF plan shall certify to the city or town the income of the families or occupants, upon initial occupancy, of the affordable housing units designated in the UCH-TIF agreement and such certification shall be provided to the department on an annual basis. If the owner fails to provide certification or otherwise fails to comply with the UCH-TIF agreement, including failing to maintain the affordability of housing units assisted under this section, the city or town may place a lien on the property in the amount of the real estate tax exemptions granted pursuant to the UCH-TIF agreement for any year in which the owner is not in compliance with this subsection. If the city or town determines, with the approval of the department of housing and community development, that the owner is unlikely to come into compliance with the affordability requirements of subclause (3) of clause (v) of subsection (a), the city or town may place a lien on the property in the amount of the total real estate tax exemption granted pursuant to the UCH-TIF agreement. Any such lien shall be recorded in the registry of deeds or the registry district or the land court wherein the land lies."

Clerk 57
AN AMENDMENT RELATIVE TO DISTINCTIVE LICENSE PLATES

Mr. Tarr moves to amend the bill (Senate bill 2010) by adding, at the end thereof, the following new section: -

"SECTION___. Section 2F of Chapter 90 of the general laws is hereby amended by inserting after the word "safety" at the end thereof, the following: -
'; any city or town that has established a specialized fund designed to offset the costs of operating said city or town's annual budget through the sale of distinctive municipal registration plates.'"

Clerk 58
FEES FOR UTILITY STREET CUTS ALTERNATIVE

Mr. Morrissey moves to amend the bill, S.2010, in Section 37 by striking the third, fourth and fifth sentences.
Mr. Morrissey moves to further amend the bill, S.2010, in Section 57 by striking the third, fourth and fifth sentences.

Clerk 59
AN AMENDMENT RELATIVE TO DISTINCTIVE REGISTRATION PLATES

Mr. Tarr moves to amend the bill (Senate bill 2010) by adding, at the end thereof, the following new section: -

"SECTION___. Notwithstanding paragraphs (a) and (b) of section 2F of chapter 90 of the general laws, or any other general or special law to the contrary, during fiscal years 2004 and 2005, the registrar shall design, issue and regulate the use of distinctive municipal registration plates, subject to the following conditions: (1) a city or town requesting a distinctive registration plate shall post a bond in the amount of $75,000 to secure the issuance of the distinctive plate; (2) the city or town shall also submit 1,000 individual applications requesting the distinctive registration plate on an application form determined by the registrar, and the application form shall include the name, address and signature of each individual requesting the distinctive registration plate and each of the 1,000 applications shall be accompanied by a nonrefundable check in the amount of $40; (3) upon the completion of the submission of the bond required by this section and the 1,000 individual applications required by the section, the city or town requesting the distinctive registration plate shall submit a proposed design for the plate and the registrar of motor vehicles shall approve said design within 90 days of its submission; (4) after the registrar grants approval of the design, the registrar shall send the distinctive registration plate into production; (5) a minimum of 2,000 distinctive registration plates shall be issued within two years of the issuance of the first distinctive registration plate in the series. Failure to reach the minimum by the end of the two year period shall result in the total or partial forfeiture of the bond. If total revenue generated by the distinctive registration plate is less than established total cost to the Commonwealth for issuing distinctive registration plates, an amount equivalent to the difference in revenues and costs shall be deposited from the bond into the General Fund. The remainder of the bond shall be returned to the city or town that posted the bond."

Clerk 60
AN AMENDMENT RELATIVE TO SPECIAL EDUCATION

Mr. Tarr moves to amend the bill (Senate bill 2010) by adding, at the end thereof, the following new section: -
"SECTION___. Notwithstanding the provisions of any general or special law to the contrary, the division of purchased services of the department of procurement which, pursuant to section 274 of chapter 110 of the acts of 1993, is responsible for determining prices for programs pursuant to chapter 71B of the General Laws, shall set all such prices in fiscal year 2004 at the same level calculated in fiscal year 2003 except the prices for those programs for Extraordinary Relief, as defined in 808 CMR 1.06(4)."

Clerk 61
AN AMENDMENT PROVIDING INSURANCE FOR VOLUNTEER FIREFIGHTERS

Mr. Tarr moves to amend the bill (Senate bill 2010) by adding, at the end thereof, the following new section: -

"SECTION___. Chapter 32B of the General Laws, as appearing in the 1998 Official Edition, is hereby amended in Section 2, paragraph (d), by inserting the following after the word "unit" in line 36: -
A member of a call fire department or other volunteer emergency service agency serving a municipality shall be considered an eligible employee, provided that said eligibility shall be approved by the vote of a town meeting in a town, or by the city council in a city, and that said municipality may condition eligibility on the charge of an additional service charge not to exceed 10% of the cost of the premium for any such individual, whom shall be responsible for the entirety of said premium."

Clerk 62
An Amendment Relative to Meals Tax

Mr. Tarr moves to amend the bill (Senate 2010) in Section 31 by adding, after the words "Section 4" in the first sentence", the following: -
"and through voter approval at a regular or special election to assess the excise contained herein; provided however, that the question submitted be as follows: -
'Shall the (city/town) of____ be allowed to assess an excise on the sale of meals not to exceed 3 percent of the total price of the meal on all meals purchased in (city/town)?'

Clerk 63
ELIMINATING THE PROPERTY TAX OVERLAY

Mrs. Sprague moves to amend the bill by striking out section 13.

Clerk 64
Acceptance Language

Mr. Magnani moves to amend S. 2010 H. in Section 63 by striking out the first two sentences of subparagraph (b) and replacing them with the following:

(b) The decision to accept the provisions of this section shall be made by both the executive and legislative bodies of the governmental unit in which the employees are members of the system. For the purposes of this subsection Executive body shall mean the mayor in a city, the Board of Selectmen in a town, or whoever is designated the executive authority by a city or town charter. "Legislative Body" shall mean the city council in a city, the town meeting in a town, or, the town council in a city or town that has the council form of government.

Clerk 65
LOCAL OPTION MEALS TAX

Mrs. Sprague moves to amend the bill, in section 31, by adding, after the words "sale of meals in each such city or town", the following: -
"; provided further, that the provisions established by this section are dependant upon city or town approval through a referendum vote."

Clerk 66
CIVIL SERVICE COMMISSION EXAMS

Ms. Sprague moves to amend the bill by inserting at the end thereof the following new section:-

"SECTION 72. Notwithstanding any general or special law to the contrary, the Massachusetts Civil Service Commission shall carry forward for the period of one year the exam grades of applicants for municipal fire and police departments who are Massachusetts residents serving in any branch of the United States military outside the United States, and who are unable to take said exams during calendar year 2003 because of said military duty; provided, however, that only passing grades shall be carried forward; and provided further, that said grades shall appear on the Civil Service Commission's list of eligible applicants for appointment to municipal fire and police departments."

Clerk 67
EARLY RETIREMENT

Mr. O'Leary moves to amend the bill, in Section 61, by striking subsections c, d and e.

Clerk 68
Early Retirement Incentive

Mr. Magnani moves to amend Senate Bill 2010 in section 61(a) (9) by striking the following paragraphs: (c) and (d).

Clerk 69
Withdrawn

Clerk 70
MUNICIPAL FLEXIBILITY FOR TAX BILLS

Mr. O'Leary moves to amend the bill by inserting the following new Section:-
SECTION___. Section 1. Section 57C of Chapter 59 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
The provisions of this section shall be applicable in any city or town which accepts the provisions of this section, notwithstanding the provisions of section fifty-seven. Except as otherwise provided, a notice of preliminary tax for real estate and personal property shall be sent out no later than July first of each year. In the case of cities and towns with quarterly tax payments the preliminary tax shall be due and payable in two installments, the first installment due on August first, the second installment on November first, after which dates if unpaid, they shall become delinquent and subject to interest as provided herein. In the case of cities and towns with semi-annual tax payments the preliminary tax shall be due and payable in one installment due on November first. The preliminary tax shall in no event exceed fifty percent of one hundred and two and one-half percent of the tax payable during the preceding fiscal year and of the amount by which such tax would have increased if any referendum question submitted to the voters under the provisions of paragraph (g), (i ½), (j) or (k) of section twenty-one C and approved for the fiscal year had been approved for the preceding fiscal year.
Section 2. Said section 57C of said chapter 59, as so appearing, is hereby further amended by striking out the seventh paragraph and inserting in place thereof the following paragraph:-
The actual tax bill issued upon the establishment of the tax rate for the fiscal year, after credit is given for the preliminary tax payments previously made, and in the case of cities and towns with quarterly payments shall be due and payable in two installments, on February first and on May first respectively, after which dates if unpaid, they shall become delinquent; and in the case of cities and towns with semi-annual payments shall be due and payable in one installment, on April first, after which dates if unpaid, they shall become delinquent.

Clerk 71
NANTUCKET SALES TAX SURCHARGE

Mr. O'Leary moves to amend the bill by inserting the following new Section:-
SECTION___. In addition to the sales tax imposed by the Commonwealth upon sales at retail in the Commonwealth pursuant to chapter 64H of the general laws, there is hereby imposed an additional local sales tax upon sales at retail by vendors as defined in said chapter 64H, within the limits of the town of Nantucket. The amount of such tax shall be at the rate of one percent of the gross receipts of such vendors and shall be paid over by the vendors located within the limits of the town of Nantucket to the commissioner of the Department of Revenue at the time provided for the filing the return required by section sixteen of chapter 62C.
All amounts collected by the Department of Revenue pursuant to this act shall be paid over by said department to the treasury of the town of Nantucket to be spent by such Town as may be lawfully appropriated by the Town's legislative body.
The amount of any tax paid by any Vendor to the Commissioner pursuant to this Act shall be reimbursed to the Vendor in full by the purchaser thereof and the provisions of section 3 of chapter 64H shall apply to the reimbursement to Vendors. This additional local sales tax shall be collected and administered in accordance with Chapter 64H of the general laws.
All definitions set forth in section 1 of chapter 64H shall here be incorporated by reference. All exemptions from the tax imposed by section 6 of chapter 64H shall also be exempt, to the extent applicable, from the additional local sales tax imposed by the Act.
This Act shall take effect upon passage as to all taxable payments made after the effective date hereof within the limits of the Town of Nantucket.

Clerk 72
MUNICIPAL PENSION SCHEDULE

Mr. Baddour moves to amend the bill, in Section 63(b), by inserting in between the words "the" and "city council" the following words: - "mayor or."

Clerk 73
REVALUATION OF PROPERTY BY DOR

Mr. O'Leary moves to amend the bill by inserting the following new Section:-
SECTION___. Section 56 of chapter 40 of the general laws is hereby amended by inserting at the end thereof the following:-
Notwithstanding the provisions of this section, the commissioner may, at the request of a city or town, and at the commissioner's discretion, certify every five years that the board of assessors of said city or town is assessing the property at full and fair cash valuation. Once certified, said city or town may classify in the manner set out in this section for the year of certification and for the four years next following said year of certification.

Clerk 74
ROOM OCCUPANCY EXCISE TAX

Mr. O'Leary moves to amend the bill by inserting the following new Section:-
SECTION___. Section 1. Chapter 64G of the General Laws is hereby amended in section 1 by inserting in subsection (f) after the words "lodging house" the following words:-
", bed and breakfast home, other transient accommodations."
Section 2. Chapter 64G of the General Laws is further amended in section 1 by inserting in subsection (g) after the words "lodging house" the following words:-
", bed and breakfast home, other transient accommodations."
Section 3. Chapter 64G of the General Laws is further amended in section 1 by inserting in subsection (g) after the words "including breakfast in a bed and breakfast establishment" the following words:-
", or bed and breakfast home."
Section 4. Chapter 64G of the General Laws is further amended in section 1 by inserting in subsection (h) after the words "lodging house" the following words:-
", bed and breakfast home, other transient accommodations."
Section 5. Chapter 64G of the General Laws is hereby amended in section 1 by inserting the following definition:-
"Other transient accommodation," each living quarter or sleeping or housekeeping accommodation in any apartment house, multiple unit structure (e.g. duplex, triplex, quadraplex, condominium), tourist or mobile home court (e.g., trailer court, motor court, recreational vehicle camp, fish camp), single family dwelling, garage apartment, beach house or cottage, cooperatively owned apartment, condominium parcel, timeshare resort, mobile home, or any other house, boat that has a permanent, fixed location at a dock and is not operated on the water away from the dock by the tenant, vehicle or other structure, place, or location held out to the public to be a place where living quarters or sleeping or housekeeping accommodations are provided to transient guests for consideration and which is not the principal residence of the owner. For the purposes of this section, principal residence shall mean a building or portion thereof, or other accommodation, actually occupied by the owner as the owner's primary dwelling during the taxable year. A primary residence may consist of a part of a multi-unit or multi-purpose building. Each room or unit within a multiple unit structure is an accommodation.
Section 6. Chapter 64G of the General Laws is further amended in section 2 by striking the words "; and (f) a bed and breakfast home."
Section 7. Chapter 64G of the General Laws is further amended in section 3 by striking out in the first sentence the words "bed and breakfast establishment, hotel, lodging house or motel" and inserting in place thereof the following words:-
"bed and breakfast establishment, bed and breakfast home, hotel, lodging house, motel or other transient accommodations."
Section 8. Chapter 64G of the General Laws is further amended in section 3A by striking out in the first sentence the words "bed and breakfast establishment, hotel, lodging house or motel" and inserting in place thereof the following words:-
"bed and breakfast establishment, bed and breakfast home, hotel, lodging house, motel or other transient accommodations."
Section 9. Chapter 64G of the General Laws is further amended in section 6 by striking out in the first sentence the words "bed and breakfast establishment, hotel, lodging house or motel" and inserting in place thereof the following words:-
"bed and breakfast establishment, bed and breakfast home, hotel, lodging house, motel or other transient accommodations."

Clerk 75
SURPLUS PROPERTY

Mr. Baddour moves to amend the bill by inserting 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.