Bill H.4110 187th (2011 - 2012)

Amendment # 1

Representatives deMacedo of Plymouth and Peake of Provincetown move to amend the bill in Section 4, in line 37, by inserting after the word “workforce” the following: “provided further that $25,000 shall be used by the Cape Cod and Plymouth Regional Economic Development Organizations to study and design a Plymouth and Cape Cod economic incubator program whose purpose shall be to identify, mentor, support and grow technology startups and innovation companies located in Plymouth County, Cape Cod and the Islands; provided further that $225,000 shall be used by the Cape Cod and Plymouth Regional Economic Development Organizations to fund said economic incubator program and that funds expended for this purpose shall leverage at least $1 for each dollar granted” And in said section by deleting the figure “$2,225,000” and inserting in place thereof the figure “$2,500,000”

Amendment # 2

Ms. Story of Amherst moves to amend the bill (House No. 4093) in line 16, by inserting after the word “program” the following words:- ; provided, that $150,000 shall be used to establish a regional Economic Gardening Program pilot program in western Massachusetts, and that said program shall provide corporate tools to support business development all industry sectors for growth oriented businesses, including but not limited to strategic and market dynamics information, business to business connections, and management training

Amendment # 3

Ms. Benson of Lunenburg and Ms. Orrall of Lakeville move to amend the bill by adding the following sections:
SECTION X. Subsection (b) of Section 12 of Chapter 90D of the General Laws is hereby amended by adding at the end thereof, the following new sentence:- This section shall not apply to a vehicle described in subsection (e) of section 20 of this chapter.
SECTION X. Section 13 of Chapter 90D of the General Laws is hereby amended by striking subsection (a) and inserting in place thereof the following:- (a) Except as provided for in subsection (e) of section 20, the applicant is not the owner of the vehicle; or
SECTION X. Section 15 of Chapter 90D of the General Laws is hereby amended by striking subsection (a) and inserting in place thereof the following:- Section 15. (a) Except as provided for in subsection (e) of section 20, if an owner of a vehicle for which a certificate of title has been issued under this chapter transfers his interest therein, other than by the creation of a security interest, he shall, at the time of the delivery of the vehicle, execute an assignment including the actual odometer reading and warranty of title to the transferee in the space provided therefor on the certificate, or such other form as the registrar shall prescribe, and cause the certificate and assignment to be mailed or delivered to the transferee or to the registrar.
SECTION X. Section 19 of Chapter 90D of the General Laws is hereby amended by striking subsection (a) and inserting in place thereof the following:- Section 19. (a) The registrar, upon receipt of a properly assigned certificate of title, except as provided for in subsection (e) of section 20, with an application for a new certificate of title, the required fee and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner and mail it to the first lienholder named in it or, if none, to the owner. If in accordance with subsection (e) of section 20, the outstanding certificate of title is not delivered to him, the registrar shall make demand therefor from the holder thereof.
SECTION X. Section 20 of Chapter 90D of the General Laws is hereby amended by striking subsection (a) and inserting in place thereof the following:- Section 20. (a) Except as provided for in subsection (e), whenever an insurer acquires ownership of a motor vehicle which it has determined to be a total loss salvage motor vehicle, it shall, within ten days from the date of acquisition, surrender the certificate of title to the registrar and shall apply for a salvage title. Section 20 of Chapter 90D of the General Laws is hereby further amended by adding at the end thereof the following new subsection:- (e)(1) Whenever an insurer acquires a motor vehicle which it has determined to be a total loss salvage motor vehicle but is unable to obtain the certificate of title, the insurer may apply for a salvage title in its name without surrendering the certificate of title. Such application shall be accompanied by evidence that the insurer has paid a total loss claim on the vehicle and made at least 2 written attempts, addressed to the last known owner of the vehicle and any known lienholder, to obtain the certificate of title. In lieu of a salvage title, the insurer may similarly apply for a certificate of title in its name for a vehicle if the age of the vehicle precludes issuance of a salvage title. (2) Whenever an insurer requests that Class 2 or Class 3 dealer take possession of a motor vehicle that is the subject of an insurance claim and subsequently a total loss claim is not paid by the insurer with respect to such motor vehicle, the Class 2 or Class 3 dealer may, if such motor vehicle has been abandoned at the facility of the Class 2 or Class 3 dealer for more than 30 days, apply for a salvage title in such dealer’s name without surrendering the certificate of title. Such application shall be accompanied by evidence that the Class 2 or Class 3 dealer made at least 2 written attempts, addressed to the last known owner of the vehicle and any known lienholder, to have the vehicle removed from the facility. In lieu of a salvage title, the Class 2 or Class 3 dealer may similarly apply for a certificate of title in the dealer’s name for a vehicle if the age of the vehicle precludes issuance of a salvage title.
SECTION X. Section 20A of Chapter 90D of the General Laws is hereby amended by striking subsection (a) and inserting in place thereof the following:- Section 20A. (a) The application for the salvage title shall be made by the owner, except as provided for in subsection (e) of section 20, to the registrar on such form or forms as the registrar shall prescribe and shall be accompanied by: (1) a properly assigned certificate of title, except as provided for in subsection (e) of section 20,; (2) any other information and documents the registrar may reasonably require to establish ownership of the vehicle and the existence or nonexistence of a lien to the extent not inconsistent with subsection (e) of section 20; and (3) the required fee.

Amendment # 4

Mr. Rogers of Norwood moves to amend House Bill 4110 by adding at the end thereof the following new section:-

SECTION XX.  Chapter 312 of the acts of 2008 in section 2A in item 2870-7014 is amended by inserting after the words "Jamaica Plain" the following:-

and one hundred fifty percent of said amount may be expended for a similar purpose in Norwood.

Amendment # 5

Ms. Story of Amherst moves to amend the bill (House No. 4110) in line 22, by inserting after the word “program” the following words:-

; provided, that $150,000 shall be used to establish a regional Economic Gardening Program pilot program in western Massachusetts, and that said program shall provide corporate tools to support business development all industry sectors for growth oriented businesses, including but not limited to strategic and market dynamics information, business to business connections, and management training

Amendment #6

Representatives Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleborough, and deMacedo of Plymouth, move to amend House Bill 4110 by inserting, after section 49 (as printed), the following section:—

“SECTION XX. Section 6 of chapter 62 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after subsection (q) the following new subsection:-

(r) (1) As used in this subsection, the following words shall have the following meanings:--

“Angel investor”, a taxpayer who provides financing for the development, refinement, and commercialization of a product or process and other working capital needs.

“Small business”, a business entity physically located in Massachusetts and employing fewer than 100 workers; provided, not less than 51 per cent of the workers are residents of Massachusetts.

“Start-up expenses”, the expenses for the administration and operation of a business prior to the time the business becomes operational.

(2) An angel investor shall be allowed a credit against the taxes imposed by this chapter equal to 15 per cent of the monetary amount provided to a small business for the start-up expenses associated with the small business; provided, the credit shall be equal to 25 per cent if the small business is physically located in an economic target area pursuant to section 3D of chapter 23A.

(3) Any amount of the credit that exceeds the tax due for a taxable year may be carried forward by the taxpayer to any of the 3 subsequent taxable years.

(4) The total cumulative amount of credits issued in a calendar year pursuant to this subsection shall not exceed an annual cap equal to $10,000,000; provided, the cap will be equal to $5,000,000 beginning January 1, 2015.

(A) Funding for the credit shall be from any remaining amount of consolidated net surplus after complying with clause (a) of section 5C of chapter 29.

(5) The credit authorized in this subsection shall expire on December 31, 2019.

(6) The commissioner shall promulgate regulations necessary for the administration of this subsection.”.

Amendment # 7

Representatives Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleborough, and deMacedo of Plymouth move to amend House Bill 4110 by inserting after SECTION 66 (as printed) the following 4 sections:-
SECTION 66A. Section 11.01 of chapter 156D of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting before the definition of “Interests” the following definition:-
“Asbestos claim”, a claim for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including all of the following:
(a) a claim related to the health effects of exposure to asbestos, including a claim related to any of the following: (1) personal injury or death; (2) mental or emotional injury; (3) increased risk of disease or other injury; (4) costs of medical monitoring or surveillance; or
(b) Any claim made by or on behalf of any person exposed to asbestos, or a representative, spouse, parent, child, or other relative of the person; or
(c) Any claim for damage or loss caused by the installation, presence, or removal of asbestos.
SECTION 66B. Section 11.01 of chapter 156D of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Share exchange” the following 2 definitions:-
“Successor”, a corporation that assumes or incurs or has assumed or incurred successor asbestos-related liabilities that is a successor and became a successor before January 1, 1972, or is any of that successor corporation's successors.
“Successor asbestos-related liability”, any liability, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, that is related to an asbestos claim and was assumed or incurred by a corporation as a result of or in connection with (a) a merger or consolidation with or into another corporation; or (b) the plan of merger or consolidation related to the merger or consolidation with or into another corporation; or (c) exercise of control or ownership of the stock of the corporation before the merger or consolidation with the corporation. Includes liability that, after the time of the merger or consolidation for which the fair market value of total gross assets is to be determined under section 4, was paid, discharged, or committed to be paid or discharged, by or on behalf of the corporation, successor of the corporation, or transferor, in connection with a settlement, judgment, or other discharge in this state or another jurisdiction.
SECTION 66C. Section 11.01 of chapter 156D of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Survivor” the following definition:-
“Transferor”, a corporation from which successor asbestos-related liability is or was assumed or incurred.
SECTION 66D. Chapter 156D of the General Laws is hereby amended by adding after section 11.08 the following section:
Section 11.09. (a) (1) The cumulative successor asbestos-related liabilities of a successor corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The successor corporation does not have responsibility for any successor asbestos-related liabilities in excess of this limitation.
(2) If the transferor had assumed or incurred successor asbestos-related or liabilities in connection with a prior merger or consolidation with a prior transferor, then the fair market value of the total assets of the prior transferor determined as of the time of the earlier merger or consolidation shall be substituted for the limitation in paragraph (1) for purposes of determining the limitation of liability of a successor corporation.
(3) This subsection does not apply to the following:
(i) Workers' compensation benefits paid under chapter 152 or a comparable workers' compensation law of another jurisdiction;
(ii) Any claim against a corporation that does not constitute a successor asbestos-related liability;
(iii) Any obligation under 29 U.S.C. 151, et seq., or under any collective bargaining agreement; or
 (iv) A successor corporation that, after a merger or consolidation, continued in the business of mining asbestos, in the business of selling or distributing asbestos fibers, or in the business of manufacturing, distributing, removing, or installing asbestos-containing products which were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor.
(b) (1) A successor corporation may establish the fair market value of total gross assets for the purpose of the limitations under subsection (a) by any reasonable method, including any of the following:
(i) By reference to the going concern value of the assets;
(ii) By reference to the purchase price attributable to or paid for the assets in an arms-length transaction;
(iii) In the absence of other readily available information from which the fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.
(2) Total gross assets shall include intangible assets.
(3) To the extent that total gross assets include any liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, the applicability, terms, conditions and limits of such insurance shall not be affected by this section.  This section also does not affect the rights and obligations of an insurer, transferor or successor under any insurance contract and/or any related agreements, including all of the following:
(i) A pre-enactment settlement resolving a coverage-related dispute;
(ii) The right of an insurer to seek payment for applicable deductibles, retrospective premiums or self-insured retentions;
(iii) The right of an insurer to seek contribution from a successor for uninsured or self-insured periods or periods where insurance is uncollectible or otherwise unavailable.
(4) Without limiting paragraph (3), to the extent that total gross assets include any liability insurance, a settlement of a dispute concerning any such liability insurance coverage entered into by a transferor or successor with the insurers of the transferor shall be determinative of the total coverage of the liability insurance for inclusion in the calculation of the transferor's total gross assets.
(c) (1) Except as provided in paragraphs (2), (3), and (4), the fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of the following:
(i) The weekly prime rate for the first week of each calendar year since the merger or consolidation, as reported by the federal reserve board in federal reserve statistical release H. 15; and
(ii) 1 per cent.
(2) The rate found in paragraph (1) may not be compounded.
(3) The adjustment of the fair market value of total gross assets shall continue as provided in paragraph (1) until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the successor corporation or a predecessor or by or on behalf of a transferor after the time of the merger or consolidation for which the fair market value of total gross assets is determined.
(4) No adjustment of the fair market value of total gross assets shall be applied to any liability insurance that may be included in the definition of total gross assets under subsection (c).
; and further by adding at the end thereof the following section:-
SECTION XX. Sections 66A to 66D, inclusive, shall apply to all asbestos claims filed against a successor on or after the effective date of this act, including any pending asbestos claims against a successor in which trial has not commenced as of the effective date of this act, except that any provisions of these sections which would be unconstitutional if applied retroactively shall be applied prospectively.

Amendment # 8

Representatives Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleborough, and deMacedo of Plymouth, move to amend House Bill 4110 by inserting, after section 65 (as printed), the following section:—

“SECTION XX. Section 5 of chapter 90 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding at the end thereof the following new subsections:

(i) Notwithstanding any general or specific law to the contrary, the registrar shall not increase any individual fee by more than 2.5 per cent in a calendar year.

(j) The registrar shall offer a discount for any person registering 5 or more units in a calendar year. For the purposes of this section, a unit shall include: any vehicle subject to a commercial normal, commercial reserved, commercial, vanity, snow removal, hearse, limited use, auto home normal, auto home reserved, auto home vanity, bus normal, bus reserved, bus vanity, livery normal, livery limited use, livery reserved, livery vanity, semi trailer normal, semi trailer reserved, trailer normal, trailer reserved, taxi normal, taxi limited used, taxi reserved, or van pool normal registration. This discount shall be in an amount of no less than 10 per cent of each registration fee that such person would otherwise incur.

(k) The registrar shall issue a report to the legislature within 90 days of the acceptance of this act. This report shall offer recommendations to reduce the cost of operating a commercial vehicle or unit in Massachusetts in order to promote competition with neighboring states. This report shall be submitted to the chairs of the joint committee on transportation.”

Amendment # 9

Representatives Jones of North Reading, Walz of Boston, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleborough, and deMacedo of Plymouth, move to amend House Bill 4110 by inserting, after section 65 (as printed), the following section: -
SECTION XX. Chapter 79 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 1 the following new section:-
Section 1A. The taking of real estate or of any interest therein by right of eminent domain under this chapter or chapter 80A shall be effected only when necessary for the possession, occupation, and enjoyment of land by the public at large or by public agencies and shall not be effected for the purpose of commercial enterprise, private economic development, or any private use of the property. Property shall not be taken from one owner and transferred to another on the grounds that the public will benefit from a more profitable use. Whenever an attempt is made to take property for a use alleged to be public, the question whether the contemplated use is truly public shall be a judicial question and determined as such without regard to any legislative assertion that the use is public. In the event that property taken pursuant to this chapter or chapter 80A is not used for the purpose for which it was taken within 5 years of the taking, the governmental authority that took the property must offer to sell the property to the owner from whom it was acquired, or his or her known or ascertainable heirs or assigns, at the price which was paid for the property or for the fair market value of the property at the time of the sale, whichever is less, and if the offer is not accepted within 180 days from the date it is made, the property may be sold to any other person, but only at public sale after legal notice is given.

Amendment # 10

Representatives Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleborough, and deMacedo of Plymouth, move to amend House Bill 4110 by inserting, after section 66 (as printed), the following section:—
“SECTION XX. Section 25 of chapter 151A of the General Laws, as appearing in the 2010 Official Edition, is amended by inserting after subsection (j) the following new subsection (k):-
(k) Any week in which the individual is barred from working for, or being paid by, the employing unit by reason of the provisions of section 91(b) of chapter 32.”

Amendment # 11

Representatives Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleborough, and deMacedo of Plymouth, move to amend House Bill 4110, by inserting after section 43 (as printed), the following sections:—

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

Chapter 30C. PUBLIC CONTRACT INTEGRITY

Section 1. For the purposes of this chapter, the following terms shall be defined as follows: ‘Public employer’: any department, agency, or public instrumentality of the commonwealth and any person, corporation, partnership, sole proprietorship, joint venture, or other business entity providing goods or services to any department, agency or public instrumentality of the commonwealth, including but not limited to the Massachusetts Turnpike Authority, Massachusetts Water Resources Authority, Massachusetts Port Authority, and the Massachusetts Bay Transportation Authority. ‘Work authorization program’: any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent work authorization program operated by the United States Department of Homeland Security, the United States Department of Labor, the Social Security Administration, other federal agency, or any private verification system authorized by the director of the department of labor to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA) and its progeny.

Section 2. No public employer shall enter into a contract for the provision of goods or services within the commonwealth unless the contractor registers and participates in a work authorization program to verify information of all new employees and certifies to that effect in writing to the director of the department of labor.

Section 3. No contractor or subcontractor who enters a contract with a public employer shall enter into such a contract or subcontract in connection with the provision of goods or services in the commonwealth unless the contractor or subcontractor registers and participates in a work authorization program to verify information of all employees and certifies to that effect in writing to the director of the department of labor.

Section 4. Sections 2 and 3 of this chapter shall apply as follows: (A) On or after September 1, 2012, with respect to public employers, contractors, or subcontractors of 500 or more employees; (B) On or after September 1, 2013, with respect to public employers, contractors, or subcontractors of 100 or more employees; and (C) On or after September 1, 2014, with respect to all public employers, contractors, or subcontractors.

Section 5. The provisions of this chapter shall be enforced without regard to race, religion, gender, ethnicity, or national origin.

Section 6. Except as provided in section 4 of this chapter, the director of the department of labor shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate the provisions of this chapter

Section 7. The Attorney General, in consultation with the Inspector General, shall develop and promulgate regulations for the purpose of ensuring that any person receiving funds pursuant to a contract awarded subject to the provisions of chapter 30B and section 44A of chapter 149 of the general laws is in compliance with federal laws pertaining to immigration and citizenship, including but not limited to 42 U.S.C. 1436(a). Such regulations shall include but not be limited to the ascertaining and verification of immigration and/or citizenship status through a work authorization program maintained by the United States Department of Homeland Security or its substantial equivalent.

Section 8. No contract shall be awarded by or to a public employer, and no public funds shall be expended in accordance with such a contract, unless the public employer named in the contract complies with the regulations prescribed in this chapter.

Section 9. No funds shall be expended in accordance with a contract awarded by or to a public employer which will result in the payment of any kind to a person not in compliance with any and all federal laws pertaining to immigration and citizenship, including but not limited to 42 U.S.C. 1436(a).

Section 10. The auditor is hereby authorized to conduct random audits to ensure compliance with the provisions of this chapter.

SECTION XX. Chapter 149 of the General Laws is hereby amended by striking section 19C in its entirety and inserting in place thereof the following:— Section 19C. (a) An employer shall not knowingly employ an unauthorized alien. The term, unauthorized alien, shall mean an alien who does not have the legal right or authorization under federal law to work in the United States as described in 8 U.S.C. 1324a(h)(3). If, in the case when an employer uses a contract, subcontract or other independent contractor agreement to obtain the labor of an alien in the commonwealth, the employer knowingly contracts with an unauthorized alien or with a person who employs or contracts with an unauthorized alien to perform the labor, the employer violates this subsection. (b) The attorney general shall prescribe a complaint form for a person to allege a violation of subsection (a). The complainant shall not be required to list the complainant’s social security number on the complaint form or to have the complaint form notarized. Upon receipt of a complaint that an employer allegedly knowingly employs an unauthorized alien, the attorney general or district attorney shall investigate whether the employer has violated subsection (a). If a complaint is received but is not submitted on said prescribed form, the attorney general or district attorney may investigate whether the employer has violated subsection (a). This shall not be construed to prohibit the filing of anonymous complaints that are not submitted on a prescribed complaint form. The attorney general or district attorney shall not investigate complaints that are based solely on race, color or national origin. A complaint that is submitted to a district attorney shall be submitted to the district attorney in the county in which the alleged unauthorized alien is or was employed by the employer. The county sheriff or any other local law enforcement agency may assist in investigating a complaint. When investigating a complaint, the attorney general or district attorney shall verify the work authorization of the alleged unauthorized alien with the federal government pursuant to 8 U.S.C. 1373(c). A state, county or local official shall not attempt independently to make a final determination on whether an alien is authorized to work in the United States. An alien’s immigration status or work authorization status shall be verified with the federal government pursuant to 8 U.S.C. 1373(c). Whoever knowingly files a false and frivolous complaint shall be punished by a fine of not more than $500, or by imprisonment of not more than 30 days, or both such fine and imprisonment. (c) If, after an investigation, the attorney general or district attorney determines that the complaint is not false and frivolous: (1) The attorney general or district attorney shall notify the United States Immigration and Customs Enforcement of the presence of the unauthorized alien; (2) The attorney general or district attorney shall notify the United States Immigration and Customs Enforcement of the employer’s alleged employment of unauthorized workers; (3) The attorney general or district attorney shall notify the Department of Revenue of the employer’s alleged employment of unauthorized workers (4) The attorney general or district attorney shall notify the local law enforcement agency of the unauthorized alien; (5) The attorney general shall notify the appropriate district attorney to bring an action pursuant to subsection (d) if the complaint was originally filed with the attorney general; (d) An action for a violation of subsection (a) shall be brought against the employer by the district attorney in the county where the unauthorized alien employee is or was employed by the employer. A Level II violation shall be based only on an unauthorized alien who is or was employed by the employer after an action has been brought for a violation of subsection (a) or subsection (k). An employer shall not be subject to a Level II violation unless is currently on probation for a Level I violation. (e) For any action in superior court under this section, the court shall expedite the action, including assigning the hearing at the earliest practicable date. (f) On a finding of a violation of subsection (a): (1) For a Level I, or a violation which does not occur during a probationary period ordered by the court, the court: i. Shall order the employer to terminate the employment of all unauthorized aliens; and ii. Shall order the employer to be subject to a 3 year probationary period for the business location where the unauthorized alien performed work. During the probationary period the employer shall file quarterly reports with the district attorney of each new employee who is hired by the employer at the business location where the unauthorized alien performed work; and iii. Shall order the employer to file a sworn affidavit with the district attorney within 3 business days after the order is issued. The affidavit shall state that the employer has terminated the employment of all unauthorized aliens in the commonwealth and that the employer will not intentionally or knowingly employ an unauthorized alien in the commonwealth. The court shall order the appropriate state agencies to suspend all licenses subject to this clause that are held by the employer if the employer fails to file a sworn affidavit with the district attorney within 3 business days after the order is issued. All licenses that are suspended under this clause shall remain suspended until such time as the employer files a sworn affidavit with the district attorney. Notwithstanding any general or special law to the contrary, upon filing of the affidavit the suspended licenses shall be reinstated immediately by the appropriate state agencies. For the purposes of this clause, the licenses that shall be subject to suspension are all licenses that are held by the employer specific to the business location where the unauthorized alien performed work. If the employer does not hold a license specific to the business location where the unauthorized alien performed work, but a license is necessary to operate the employer’s business in general, the licenses that are subject to suspension are all licenses that are held by the employer at the employer’s primary place of business. Upon receipt of the order, the appropriate state agencies shall immediately revoke the licenses. The court shall send a copy of the court’s order to the attorney general and the attorney general shall maintain the copy pursuant to subsection (g); and iv. May order the appropriate state agencies to suspend all licenses described in clause (iii) that are held by the employer for a period not to exceed 10 business days. The court shall base its decision to suspend on any evidence or information submitted to it during the action for a violation and shall consider the following factors, if relevant: a. Number of unauthorized aliens employed by the employer; b. Prior misconduct by the employer; c. Degree of harm resulting from the violation; d. Whether the employer made good faith efforts to comply with any applicable requirements; e. Duration of the violation; f. Role of the directors, officers or principals of the employer in the violation; g. Other factors that the court deems appropriate. (2) For a Level II violation, or a violation which occurs during a probationary period ordered by the court, the court shall order the appropriate state agencies to permanently revoke all licenses that are held by the employer specific to the business location where the unauthorized alien performed work. If the employer does not hold a license specific to the business location where the unauthorized alien performed work but a license is necessary to operate the employer’s business in general, the court shall order the appropriate state agencies to permanently revoke all licenses that are held by the employer at the employer’s primary place of business. Upon receipt of the order, the appropriate state agencies shall immediately revoke the licenses. (g) The attorney general shall maintain copies of court orders that are received pursuant to subsection (f) and shall maintain a database of the employers and business locations that have a Level I of subsection (a) and make the court orders available on the attorney general’s website. (h) When determining whether an employee is an unauthorized alien, the court shall consider only the federal government’s determination pursuant to 8 U.S.C. 1373(c). The federal government’s determination creates a rebuttable presumption of the employee’s lawful status. The court may take judicial notice of the federal government’s determination and may request the federal government to provide automated or testimonial verification pursuant to 8 U.S.C. 1373(c). (i) For the purposes of this subsection, proof of verifying the employment authorization of an employee through available federal resources creates a rebuttable presumption that an employer did not knowingly employ an unauthorized alien. (j) For the purposes of this subsection, an employer that establishes that it has complied in good faith with the requirements of 8 U.S.C. 1324a(b) establishes an affirmative defense that the employer did not knowingly employ an unauthorized alien. An employer is considered to have complied with the requirements of 8 U.S.C. 1324a(b), notwithstanding an isolated, sporadic or accidental technical or procedural failure to meet the requirements, if there is a good faith attempt to comply with the requirements. (k) An employer shall not intentionally employ an unauthorized alien. If, in the case when an employer uses a contract, subcontract or other independent contractor agreement to obtain the labor of an alien in the commonwealth, the employer intentionally contracts with an unauthorized alien or with a person who employs or contracts with an unauthorized alien to perform the labor, the employer violates this subsection. (l) The attorney general shall prescribe a complaint form for a person to allege a violation of subsection (k). The complainant shall not be required to list the complainant’s social security number on the complaint form or to have the complaint form notarized. Upon receipt of a complaint that an employer allegedly intentionally employs an unauthorized alien, the attorney general or district attorney shall investigate whether the employer has violated subsection (k). If a complaint is received but is not submitted on said prescribed form, the attorney general or district may investigate whether the employer has violated subsection (k). This shall not be construed to prohibit the filing of anonymous complaints that are not submitted on a prescribed complaint form. The attorney general or district attorney shall not investigate complaints that are based solely on race, color or national origin. A complaint that is submitted to a district attorney shall be submitted to the district attorney in the county in which the alleged unauthorized alien is or was employed by the employer. The county sheriff or any other local law enforcement agency may assist in investigating a complaint. When investigating a complaint, the attorney general or district attorney shall verify the work authorization of the alleged unauthorized alien with the federal government pursuant to 8 U.S.C. 1373(c). A state, county or local official shall not attempt independently to make a final determination on whether an alien is authorized to work in the United States. An alien’s immigration status or work authorization status shall be verified with the federal government pursuant to 8 U.S.C. 1373(c). Whoever knowingly files a false and frivolous complaint shall be punished by a fine of not more than $500, or by imprisonment of not more than 30 days, or both such fine and imprisonment. (m) If, after an investigation, the attorney general or district attorney determines that the complaint is not false and frivolous: (1) The attorney general or district attorney shall notify the United States Immigration and Customs Enforcement of the presence of the unauthorized alien; (2) The attorney general or district attorney shall notify the United States Immigration and Customs Enforcement of the employer’s alleged employment of unauthorized workers; (3) The attorney general or district attorney shall notify the Department of Revenue of the employer’s alleged employment of unauthorized workers; (4) The attorney general or district attorney shall notify the local law enforcement agency of the unauthorized alien; (5) The attorney general shall notify the appropriate district attorney to bring an action pursuant to subsection (n) if the complaint was originally filed with the attorney general; (n) An action for a violation of subsection (k) shall be brought against the employer by the district attorney in the county where the unauthorized alien employee is or was employed by the employer. A Level II violation shall be based only on an unauthorized alien who is or was employed by the employer after an action has been brought for a violation of subsection (k) or subsection (a). (o) For any action in superior court under this section, the court shall expedite the action, including assigning the hearing at the earliest practicable date. (p) On a finding of a violation of subsection (k): (1) For a Level I violation, or a violation which does not occur during a probationary period ordered by the court, the court shall: i. Order the employer to terminate the employment of all unauthorized aliens; and ii. Order the employer to be subject to a 5 year probationary period for the business location where the unauthorized alien performed work. During the probationary period the employer shall file quarterly reports with the district attorney of each new employee who is hired by the employer at the business location where the unauthorized alien performed work; and iii. Order the employer to file a sworn affidavit with the district attorney within 3 business days after the order is issued. The affidavit shall state that the employer has terminated the employment of all unauthorized aliens in the commonwealth and that the employer will not intentionally or knowingly employ an unauthorized alien in the commonwealth. The court shall order the appropriate state agencies to suspend all licenses subject to this clause that are held by the employer if the employer fails to file a sworn affidavit with the district attorney within 3 business days after the order is issued. All licenses that are suspended under this clause shall remain suspended until such time as the employer files a sworn affidavit with the district attorney. Notwithstanding any general or special law to the contrary, upon filing of the affidavit the suspended licenses shall be reinstated immediately by the appropriate state agencies. For the purposes of this clause, the licenses that shall be subject to suspension are all licenses that are held by the employer specific to the business location where the unauthorized alien performed work. If the employer does not hold a license specific to the business location where the unauthorized alien performed work, but a license is necessary to operate the employer’s business in general, the licenses that are subject to suspension are all licenses that are held by the employer at the employer’s primary place of business. Upon receipt of the order, the appropriate state agencies shall immediately revoke the licenses. The court shall send a copy of the court’s order to the attorney general and the attorney general shall maintain the copy pursuant to subsection (q). iv. Order the appropriate state agencies to suspend all licenses described in clause (iv) that are held by the employer for a period not to exceed 10 business days. The court shall base its decision to suspend on any evidence or information submitted to it during the action for a violation and shall consider the following factors, if relevant: a. Number of unauthorized aliens employed by the employer; b. Prior misconduct by the employer; c. Degree of harm resulting from the violation; d. Whether the employer made good faith efforts to comply with any applicable requirements; e. Duration of the violation; f. Role of the directors, officers or principals of the employer in the violation; g. Other factors that the court deems appropriate; and (2) For a Level II violation, or a violation which occurs during a probationary period ordered by the court, the court shall order the appropriate state agencies to permanently revoke all licenses that are held by the employer specific to the business location where the unauthorized alien performed work. If the employer does not hold a license specific to the business location where the unauthorized alien performed work but a license is necessary to operate the employer’s business in general, the court shall order the appropriate state agencies to permanently revoke all licenses that are held by the employer at the employer’s primary place of business. Upon receipt of the order, the appropriate state agencies shall immediately revoke the licenses. (q) The attorney general shall maintain copies of court orders that are received pursuant to subsection (p) and shall maintain a database of the employers and business locations that have a Level I violation of subsection (k) and make the court orders available on the attorney general’s website. (r) When determining whether an employee is an unauthorized alien, the court shall consider only the federal government’s determination pursuant to 8 U.S.C. 1373(c). The federal government’s determination creates a rebuttable presumption of the employee’s lawful status. The court may take judicial notice of the federal government’s determination and may request the federal government to provide automated or testimonial verification pursuant to 8 U.S.C. 1373(c). (s) For the purposes of this section, proof of verifying the employment authorization of an employee through available federal resources creates a rebuttable presumption that an employer did not knowingly employ an unauthorized alien. (t) For the purposes of this section, an employer that establishes that it has complied in good faith with the requirements of 8 U.S.C. 1324a(b) establishes an affirmative defense that the employer did not knowingly employ an unauthorized alien. An employer is considered to have complied with the requirements of 8 U.S.C. 1324a(b), notwithstanding an isolated, sporadic or accidental technical or procedural failure to meet the requirements, if there is a good faith attempt to comply with the requirements.

SECTION XX. Notwithstanding any general or special law to the contrary, when issuing periodic notices to taxpayers and registered businesses, the department of revenue shall include information illustrating the risks of employing or contracting with unauthorized workers. Said notice shall include the estimated costs to public safety, the strains placed upon the health safety net, the potential for personal liability, the impacts upon local school budgets, the impact upon the job market, and the availability of quality housing.”

Amendment # 12

Representatives Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleborough, and deMacedo of Plymouth, move to amend House Bill 4110 by inserting, after section 66 (as printed), the following:—
“SECTION XX. Section 148B of chapter 149 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking, in line 8, the word ‘and’ and inserting in place thereof the word:- ‘or’.”

Amendment # 13

Representatives Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleborough, and deMacedo of Plymouth, move to amend House Bill 4110 by adding the following section:-

“SECTION XX. A special commission is hereby established to consider the circumstances under which project labor agreements should be utilized, including consideration of their appropriateness and function and the size, complexity and duration of the public construction projects for which they should be utilized. Said commission shall consist of: the secretary of administration and finance or designee thereof; the attorney general or designee thereof; the auditor or designee thereof; the commissioner of capital planning and operations or designee thereof; a representative of the Construction Industries of Massachusetts; a representative of the Massachusetts Building Trades Council; a representative of the Associated Builders and Contractors of Massachusetts; and a representative of the Association of Commercial and Industrial Builders of Massachusetts. Said commission shall report its findings, together with drafts of any legislation it recommends, to the joint committee on labor and workforce development not later than July 1, 2013.”.

Amendment # 14

Representatives Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleborough, and deMacedo of Plymouth move to amend House bill 4110 by inserting, after section 56 (as printed), the following sections:—

“SECTION AA. Subsection (c) of section 3 of chapter 63B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking the first paragraph and inserting in place thereof the following:—
(c) For purposes of this chapter, there shall be four required installments for each taxable year, except as otherwise provided by this chapter. The first installment shall be paid on or before the fifteenth day of the third month of the taxable year and shall be equal to thirty-five percent of the required annual payment; the second installment shall be paid on or before the fifteenth day of the sixth month of the taxable year and shall be equal to twenty-five percent of the required annual payment; the third installment shall be paid on or before the fifteenth day of the ninth month of the taxable year and shall be equal to twenty-five percent of the required annual payment; and the fourth installment shall be paid on or before the fifteenth day of the twelfth month of the taxable year and shall be equal to the remaining fifteen percent of the required annual payment. Except as otherwise provided in this subsection, the term “required annual payment” shall mean the lesser of:
SECTION BB. Subsection (c) of section 3 of chapter 63B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking the first paragraph and inserting in place thereof the following:—
 (c) For purposes of this chapter, there shall be four required installments for each taxable year, except as otherwise provided by this chapter. The first installment shall be paid on or before the fifteenth day of the third month of the taxable year and shall be equal to thirty percent of the required annual payment; the second installment shall be paid on or before the fifteenth day of the sixth month of the taxable year and shall be equal to twenty-five percent of the required annual payment; the third installment shall be paid on or before the fifteenth day of the ninth month of the taxable year and shall be equal to twenty-five percent of the required annual payment; and the fourth installment shall be paid on or before the fifteenth day of the twelfth month of the taxable year and shall be equal to the remaining twenty percent of the required annual payment. Except as otherwise provided in this subsection, the term “required annual payment” shall mean the lesser of:
SECTION CC. Subsection (c) of section 3 of chapter 63B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking the first paragraph and inserting in place thereof the following:—
 (c) For purposes of this chapter, there shall be four required installments for each taxable year, except as otherwise provided by this chapter. The first installment shall be paid on or before the fifteenth day of the third month of the taxable year and shall be equal to twenty-five percent of the required annual payment; the second installment shall be paid on or before the fifteenth day of the sixth month of the taxable year and shall be equal to twenty-five percent of the required annual payment; the third installment shall be paid on or before the fifteenth day of the ninth month of the taxable year and shall be equal to twenty-five percent of the required annual payment; and the fourth installment shall be paid on or before the fifteenth day of the twelfth month of the taxable year and shall be equal to the remaining twenty-five percent of the required annual payment. Except as otherwise provided in this subsection, the term “required annual payment” shall mean the lesser of:
; and further by adding at the end thereof the following sections:-
SECTION DD. Section AA shall be effective for the taxable year beginning January 1, 2014 and ending December 31, 2014.
SECTION EE. Section BB shall be effective for the taxable year beginning January 1, 2015 and ending December 31, 2015.
SECTION FF. Section CC shall be effective beginning January 1, 2016 and thereafter.

Amendment # 15

Representatives Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleborough, and deMacedo of Plymouth move to amend the House bill 4110 by inserting, after section 65 (as printed), the following sections:—

“SECTION AA. Subsection (c) of section 3 of chapter 63B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking said subsection and inserting in place thereof the following:—

(c) For purposes of this chapter, there shall be four required installments for each taxable year, except as otherwise provided by this chapter. The first installment shall be paid on or before the fifteenth day of the third month of the taxable year; the second installment shall be paid on or before the fifteenth day of the sixth month of the taxable year; the third installment shall be paid on or before the fifteenth day of the ninth month of the taxable year; and the fourth installment shall be paid on or before the fifteenth day of twelfth month of the taxable year. The amount of any installment shall be 25 percent of the required annual payment.

The term “required annual payment” means the lesser of (i) 90 per cent of the tax shown on the return for the taxable year or, if no return is filed, 90 per cent of the tax for such year, or (ii) 100 per cent of the tax shown on the return of the corporation for the preceding taxable year, or (iii) 90 per cent of the tax for the taxable year or, (iv) ninety per cent of the tax that would be required to be shown on the return for taxable year if the tax were determined by using the income apportionment percentage determined for the preceding taxable year under chapter 63.

Clause (ii) shall not apply if the preceding taxable year was not a taxable year of 12 months or the corporation did not file a return for such preceding taxable year showing a liability for tax.

Clause (ii) shall not apply in the case of a large corporation, as defined in section 6655 (g) of the Internal Revenue Code of the United States, as amended on January 1,1989 and in effect for the taxable year except for purposes of determining the amount of the first required installment for any taxable year; provided, however that any reduction in such first installment by reason of this provision shall be recaptured by increasing the amount of the next required installment by the amount of such reduction.

SECTION BB. Section 4A of chapter 63B of the General Laws, as so appearing, is hereby amended by striking the word “sixty-five” in line 4 and inserting in place thereof the following:-- 50

SECTION CC. Section 4A of chapter 63B of the General Laws, as so appearing, is hereby amended by striking the word “ten” in line 9 and inserting in place thereof the following:-- 25

SECTION DD. Section 4A of chapter 63B of the General Laws, as so appearing, is hereby amended by striking the word “ninety” in line 14 and inserting in place thereof the following:-- 25

SECTION EE. Section 4A of chapter 63B of the General Laws, as so appearing, is hereby amended by striking the word “ten” in line 16 and inserting in place thereof the following:-- 25

SECTION FF. Section 4B of chapter 63B of the General Laws, as so appearing, is hereby amended by striking the word “thirty” in line 7 and inserting in place thereof the following:-- 25.

SECTION GG. Section 4B of chapter 63B of the General Laws, as so appearing, is hereby amended by striking the word “twenty-five” in line 10 and inserting in place thereof the following:-- 25.

SECTION HH. Section 4B of chapter 63B of the General Laws, as so appearing, is hereby amended by striking the word “twenty-five” in line 13 and inserting in place thereof the following:-- 25.

SECTION II. Section 4B of chapter 63B of the General Laws, as so appearing, is hereby amended by striking the word “twenty” in line 15 and inserting in place thereof the following:-- 25.
; and further, by adding at the end thereof the following sections:-
SECTION JJ. Notwithstanding any general or special law to the contrary, the comptroller may, on or before June 30, 2014, transfer no more than $200,000,000 to the General Fund from the Commonwealth Stabilization Fund; provided, the amount of the transfer shall be Commonwealth Stabilization Fund shall be reimbursed the full amount of the transfer by December 31, 2014. The comptroller, in consultation with the secretary of administration and finance, may take the overall cash flow needs of the commonwealth into consideration in determining the timing of any transfer of funds. The comptroller shall provide a schedule of transfers to the secretary of administration and finance and to the house and senate committees on ways and means.
SECTION KK. Sections AA through II, inclusive, shall take effect beginning January 1, 2014.”.

Amendment # 16

Representatives Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleborough, and deMacedo of Plymouth, move to amend House Bill 4110 by adding the following section:—

“Section XX (a) Notwithstanding any general or special law to the contrary, for the days of August 18, 2012 and August 19, 2012, an excise shall not be imposed upon nonbusiness sales at retail of tangible personal property, as defined in section 1 of chapter 64H of the General Laws. For the purposes of this act, tangible personal property shall not include telecommunications, tobacco products subject to the excise imposed by chapter 64C of the General Laws, gas, steam, electricity, motor vehicles, motorboats, meals or a single item the price of which is in excess of $2,500.

(b) For the days of August 18, 2012 and August 19, 2012, a vendor shall not add to the sales price or collect from a nonbusiness purchaser an excise upon sales at retail of tangible personal property, as defined in section 1 of chapter 64H of the General Laws. The commissioner of revenue shall not require a vendor to collect and pay excise upon sales at retail of tangible personal property purchased on August 18, 2012 and August 19, 2012. An excise erroneously or improperly collected during the days of August 18, 2012 and August 19, 2012, shall be remitted to the department of revenue. This section shall not apply to the sale of telecommunications, tobacco products subject to the excise imposed by chapter 64C of the General Laws, gas, steam, electricity, motor vehicles, motorboats, meals or a single item the price of which is in excess of $2,500.

(c) Reporting requirements imposed upon vendors of tangible personal property, by law or by regulation, including, but not limited to, the requirements for filing returns required by chapter 62C of the General Laws, shall remain in effect for sales for the days of August 18, 2012, and August 19, 2012.

(d) On or before December 31, 2012, the commissioner of revenue shall certify to the comptroller the amount of sales tax forgone, as well as new revenue raised from personal and corporate income taxes and other sources, pursuant to this act. The commissioner shall file a report with the joint committee on revenue and the house and senate committees on ways and means detailing by fund the amounts under general and special laws governing the distribution of revenues under chapter 64H of the General Laws which would have been deposited in each fund, without this act.

(e) The commissioner of revenue shall issue instructions or forms or promulgate rules or regulations, necessary for the implementation of this act.

(f) Eligible sales at retail of tangible personal property under sections 175 and 176 of chapter 64H are restricted to those transactions occurring on August 18, 2012 and August 19, 2012. Transfer of possession of or payment in full for the property shall occur on 1 of those days, and prior sales or layaway sales shall be ineligible.”.

Amendment # 17

Representatives Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleborough, and deMacedo of Plymouth move to amend the House Bill 4110 by inserting, after section 47 (as printed), the following new sections:—

“SECTION XX. Section 2 of chapter 43D of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word ‘selectmen.’, in line 5, the following words:—

‘Housing Priority Zone’, a privately or publicly owned property, a zoning district or a zoning overlay district zoned and designated for the development or redevelopment of housing which:

1. Exceeds the allowable unit density by a minimum of 50 percent greater than the density allowed prior to designation as a priority zone, and shall in no case have a lot size greater than ½ acre;

2. Includes a minimum of 40% of its units as affordable housing, as defined in Section 2 of Chapter 40R;

3. May incorporate the use of zoning methods known as cluster development, as defined in Section 9 of Chapter 40A of the General Laws, or open space residential design; and

4. Is designated a priority development site by the board, in consultation with the Department of Housing and Community Development.

SECTION XX. Chapter 43D, as so appearing, is hereby further amended by adding, after section 16, the following:—

Section 17. For the purposes of determining consistency with the definition of “consistent with local needs” contained in section 20 of chapter 40B, a housing unit developed in a housing priority zone shall be credited at the rate of 1.75 units upon the issuance of a building permit.

Section 18. Any individual or family residing in affordable housing within a housing priority zone shall report to the local administrative office responsible for housing development and administration not less than once every three years to certify that the property has not been sold or otherwise transferred to an individual or family who exceeds the income limits of the affordable housing program. If said property is sold or otherwise transferred to an individual or family who do not exceed the income limits, then the reporting responsibility shall devolve to the new owner or owners of the property.

Section 19. Notwithstanding any general or special law to the contrary, the real estate tax assessed to a property designated as a priority development site shall be on a pro rata basis to the days remaining in the fiscal year from the date of the issue of the temporary or permanent occupancy permit to the end of the fiscal year.”.

Amendment # 18

Representatives Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleborough, and deMacedo of Plymouth, move to amend the House Bill 4110 by striking, in lines 22 to 27, inclusive, the words “used to establish an entrepreneur and startup venture capital mentoring program, in consultation with the Massachusetts Technology Development Corporation established in section 2 of chapter 40G, that would provide assistance, mentoring, and advice to start-ups and innovation companies by connecting early-stage entrepreneurs, technology startups, and small businesses with venture capital financing” and inserting in place thereof the following: - “deposited in the Student Entrepreneurial Development and Economic Investment Fund, established in section 10C of chapter 23A”;
and further, by striking, in line 321, the word “section” and inserting in place thereof the following: - “sections”;
and further by inserting in line 346, after the word “capabilities.” the following: -
Section 10C. (a) There shall be established and set upon the books of the commonwealth a separate fund to be known as the Student Entrepreneurial Development and Economic Investment Fund, hereinafter referred to as the Student Investment Fund, to which shall be credited any appropriations, bond proceeds, or other monies authorized by the general court and specifically designated to be credited thereto and additional funds designated for deposit to the student investment fund, including any pension funds, federal grants or loans, or private donations made available to the secretary of economic development. The secretary of housing and economic development shall hold the student investment fund in an account separate from other funds or accounts. Amounts credited to the student investment fund shall be available to the investment board as established in subsection (b) to carry out the purposes of subsection (c).
(b) The investment board shall consist of the following members: the secretary of economic development or his designee, who shall serve as the chairperson of the board; the chairman of the board of higher education or his designee, who shall serve as the vice-chairperson of the board; the chief executive officer of the Massachusetts Technology Collaborative, or her designee; the president of the Massachusetts Technology Development Corporation, or his designee; the executive director of commercial ventures and intellectual property at the University of Massachusetts, or his designee; two private Massachusetts-based investors to be chosen by the chairperson in consultation with the president of the Massachusetts technology development corporation; one student representative selected by the university of Massachusetts representative to the board of higher education; one student representative selected by the state college representative to the board of higher education; and one student representative selected by the community college representative to the board of higher education. The chairman of the board of higher education shall establish a student application program to aid the representatives of the board of higher education in the selection of student members to the board.

Five members of the board shall constitute a quorum and the affirmative vote of five members shall be necessary for any action taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board.
(c) The purpose of the student investment fund shall be to provide an opportunity for interested students to gain experience in entrepreneurialism and early-stage business development while fostering an economic environment that will attract students to the commonwealth and forge a relationship between the public higher education system and the Massachusetts business community with the intent of driving economic growth. Funds made available to the student investment board from the student investment fund shall be used for a grant program administered by the board for prototype funding of Massachusetts’ student ideas in early development stages; provided however, that the development of such ideas, plans, or business occur within the commonwealth. The secretary of economic development shall promulgate rules regarding the enforcement and penalties for recipients who relocate outside of the commonwealth. The board shall not be limited in the number of grants distributed to students in any 1 year; provided however, that the total monetary amount of all grants distributed by the board in a fiscal year shall not exceed 20 per cent of the fund’s first year balance. The board shall hold periodic hearings to allow selected students, who have submitted a statement of interest and initial business plan, the opportunity to present a comprehensive business plan describing characteristics and proprietary positions of the student’s product or services; present and future markets for such products or services; potential strategies for the future development and funding of the prototype product or service; a statement of amount, timing and projected use of the capital sought by the student; and a statement of the projected growth in employment or other positive economic impacts. Comprehensive business plans may be written and reviewed in consultation with the Massachusetts technology transfer center at the University of Massachusetts.
(d) The board shall, by January 1 of each year, submit a report of its activities for the preceding fiscal year to the governor, the joint committee on economic development and emerging technologies, and the clerks of the house of representatives and senate. Each report shall set forth a complete financial statement covering its operation during the year and shall also include any requests for additional appropriations.

Amendment # 19

Representatives Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleborough, and deMacedo of Plymouth, move to amend the House Bill 4110 by inserting, after section 66 (as printed), the following sections:—

“SECTION XX. Section 27 of chapter 149 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:

‘Any employee claiming to be aggrieved by a violation of this section may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the said violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any loss of wages and other benefits. Any employee so aggrieved and who prevails in such an action shall if said violation be willful, be awarded triple damages, as liquidated damages, for any loss of wages and other benefits; and the employee shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, further, that any employee so aggrieved and who prevails in such an action if said violation is not willful, shall be awarded damages as determined by the court for any loss of wages and other benefits; and the employee may also be awarded the costs of the litigation and reasonable attorneys' fees.’

SECTION XX. Section 27F of said chapter 149, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:

‘Any employee claiming to be aggrieved by a violation of this section may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the said violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any loss of wages and other benefits. Any employee so aggrieved and who prevails in such an action shall if said violation be willful, be awarded triple damages, as liquidated damages, for any loss of wages and other benefits; and the employee shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, further, that any employee so aggrieved and who prevails in such an action if said violation is not willful, shall be awarded damages as determined by the court for any loss of wages and other benefits; and the employee may also be awarded the costs of the litigation and reasonable attorneys' fees.’

SECTION XX. Section 27G of said chapter 149, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:

‘Any employee claiming to be aggrieved by a violation of this section may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the said violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any loss of wages and other benefits. Any employee so aggrieved and who prevails in such an action shall if said violation be willful, be awarded triple damages, as liquidated damages, for any loss of wages and other benefits; and the employee shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, further, that any employee so aggrieved and who prevails in such an action if said violation is not willful, shall be awarded damages as determined by the court for any loss of wages and other benefits; and the employee may also be awarded the costs of the litigation and reasonable attorneys' fees.’

SECTION XX. Section 27H of said chapter 149, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:

‘Any employee claiming to be aggrieved by a violation of this section may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the said violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any loss of wages and other benefits. Any employee so aggrieved and who prevails in such an action shall if said violation be willful, be awarded triple damages, as liquidated damages, for any loss of wages and other benefits; and the employee shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, further, that any employee so aggrieved and who prevails in such an action if said violation is not willful, shall be awarded damages as determined by the court for any loss of wages and other benefits; and the employee may also be awarded the costs of the litigation and reasonable attorneys' fees.’

SECTION XX. Section 150 of said chapter 149, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:

‘Any employee claiming to be aggrieved by a violation of sections 33E, 148, 148A, 148B, 150C, 152, 152A or 159C or section 19 of chapter 151 may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the said violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any loss of wages and other benefits. Any employee so aggrieved and who prevails in such an action shall if said violation be willful, be awarded triple damages, as liquidated damages, for any loss of wages and other benefits; and the employee shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, further, that any employee so aggrieved and who prevails in such an action if said violation is not willful, shall be awarded damages as determined by the court for any loss of wages and other benefits; and the employee may also be awarded the costs of the litigation and reasonable attorneys' fees.’”.

Amendment # 20

Representatives Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleborough, and deMacedo of Plymouth, move to amend House Bill 4110 by adding the following:—

“SECTION XX. There shall be a special commission to conduct an investigation and study of the activities and efficacy of the adjudication of unemployment insurance claims by the department of unemployment assistance under the executive office of labor and workforce development. The commission shall consist of 11 members: 2 members who shall be appointed by the state auditor, both of whom shall have experience with the adjudication of unemployment disputes, and 1 of whom shall serve as chair; 2 members of the senate, 1 of whom shall be appointed by the senate president and 1 of whom shall be appointed by the minority leader of the senate; 2 members of the house of representatives, 1 of whom shall be appointed by the speaker of the house and 1 of whom shall be appointed by the minority leader of the house; the director of the department of unemployment assistance, or a designee; the president of the Massachusetts taxpayer’s foundation, or a designee; the executive vice-president of the AFL-CIO, or a designee; the executive vice-president of associated industries of Massachusetts, or a designee; and the executive director of the Massachusetts municipal association, or a designee.

The study shall include, but not be limited to, an analysis of: (1) the number of claims received by the department quarterly since January 1, 2008 and the resulting status of all claims, including any information pertinent to the description of the status of said claims, including, but not limited to (i) the results of all initial determinations of claims, (ii) the results of any appeals resulting from said initial determination, (iii) the number of rulings reversed through the appeals and review process, (iv) the number of claims arising from the provisions of subdivisions (1) and (2) of subsection e of section 25 of chapter 151A, and (v) the number of claims settled in favor of the claimant and in favor of the employer; (2) the average length of time of the appeals and review process of a claim from initial determination to final disposition; (3) the procedures through which the department hires and trains new employees to implement the provisions of sections 39 through 41, inclusive, of chapter 151A, including a determination as to whether or not employment procedures have been followed pursuant to section 9K of chapter 23.

The study shall also include the recommendations of the commission relative to: (1) procedures through which the department may produce a quarterly report, to be posted on the department’s website, of the number of active claims and the status of said claims; (2) procedures through which any current backlog of cases may be fairly and efficiently resolved and avoided in future department proceedings; (3) procedures through which oversight and quality control principles may be implemented to ensure the continuing prompt, equitable, and transparent application of current law by the commissioner and the board of review; (4) a complete review of current statute and regulations relative to the implementation of chapter 151A and any recommendations as to possible legislative reform and streamlined procedures, including, but not limited to, recommendations and procedures for the uniform and effective implementation of section 25 of chapter 151A.

The commission may request from all state agencies such information and assistance as the commission may require. The commission shall report the results of its investigation and study, together with drafts of legislation, if any, necessary to carry its recommendations into effect, by filing the same with the clerks of the senate and house of representatives, who shall forward the same to the joint committee on labor and workforce development and the house and senate committees on ways and means on or before December 31, 2013.”.

Amendment # 21

Representatives Kuros of Uxbridge, Durant of Spencer, Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleborough, and deMacedo of Plymouth, move to amend House Bill 4110  by inserting, after section 66 (as printed), the following section:—
“SECTION XX.  Section 12 of chapter 156C of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking subsection (d) and inserting in place thereof the following:-
(d) No fee shall be issued for the filing of the certificate of organization required by subsection (a). The fee for the filing of the annual report required by subsection (c) shall be $125.  The fee shall be paid to the state secretary at the time the annual report is filed.”.

Amendment # 22

Representatives Durant of Spencer, Kuros of Uxbridge, Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleborough, and deMacedo of Plymouth, move to amend House Bill 4110  by inserting, after section 56 (as printed), the following sections:—

“SECTION XX.  Subsection (a) of section 2 of chapter 63 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in lines 15 through 17, inclusive, the following language:

‘;  provided, however, that the excise imposed hereunder shall be no less than four hundred and fifty-six dollars.’

SECTION XX.  Subsection (b) of section 2 of said chapter 63, as so appearing, is hereby further amended by striking out, in lines 25 through 27, inclusive, the following language:-

‘;  provided, however, that in no case shall the excise imposed under this section amount to less than $456.’

SECTION XX.  Section 38B of said chapter 63, as so appearing, is hereby amended by striking out, in lines 12 and 13, and in lines 25 and 26, inclusive, the following language:-

‘or four hundred and fifty-six dollars, whichever is greater.’”.

Amendment # 23

Representatives Ross of Attleboro and Poirier of North Attleborough move to amend House bill 4110 by inserting after SECTION 14 (as printed) the following section:-

“SECTION 14A. Section 3A of chapter 23A of the General Laws, as so appearing, is hereby amended by striking, in lines 139 and 140, the words ‘below the commonwealth’s average’ and inserting in place thereof the following:- below 100.5 percent of the commonwealth’s average,”.

Amendment # 24

Mr. Vallee of Franklin moves to amend House No. 4110 by inserting the following paragraph:
SECTION 79. Section 2WWW of Chapter 29 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after fifth paragraph the following paragraph:-
A portion of the grant fund shall be used to address the gap between the skills held by workers and the skills needed by employers for jobs that require more than a high school diploma but less than a 4-year degree. Grants awarded under this program shall focus on building relationships and partnerships among geographic clusters of high schools, vocational-technical schools, community colleges, state universities, institutions of higher education, local employers, industry partners, local workforce investment boards, and workforce development entities, in order to create multiple and seamless pathways to employment through enhanced coordination of existing institutions and resources. Each cluster shall designate 1 entity or organization as the lead partner for each cluster and approved procurements shall be jointly applied for by, at a minimum, a public educational institution including a community college, at least one regional workforce investment board, and at least one regional employer in a high growth sector. . Grants made under this program shall include consideration of, but not be limited to: defining and establishing the process for students to transition from adult basic education programs to college-based programs; programs accessible to working, unemployed or underemployed adults; support of education and workforce development initiatives that collaborate with the efforts or initiatives of public educational institutions, including development of stackable certificates and credentials, non-semester-based modular programs and accelerated associate degree programs, provided however that the grants issued from this fund shall serve to supplement, and not supplant, ongoing initiatives at community colleges; providing sector-based training including developmental education and certification programs; providing student support services; using competency-based placement assessments; leveraging regional resources, including shared equipment and funding; partnering with 2 or more training organizations in a region; and partnering with 2 or more employers in a region. This portion of the grant fund may also be used to develop regional centers of excellence, which shall be aligned to the commonwealth’s economic development strategies to meet the needs of employers in high growth sectors, including but not limited to, health care, life sciences, information technology and advanced manufacturing. Each center of excellence shall be located at a community college, state university, vocational or technical high school or collaboration between these entities. A project grant program shall be designed by Commonwealth Corporation, in consultation with a middle skills subcommittee of the fund committee, which shall include, at a minimum, a representative from the business community to be appointed by the secretary of labor and workforce development; the director of the Center for Labor Market Studies at Northeastern University or a designee; a representative of adult basic education or non-traditional college students in the commonwealth to be appointed by the secretary of education; the Massachusetts Workforce Board Association; a representative from a non-profit trade association with a state approved apprenticeship program and the Massachusetts AFL-CIO, as well as any representatives of the other mandatory advisory committee constituencies under paragraph (b).

Amendment # 25

Representative Sannicandro of Ashland moves to amend H. 4110, in section 92, in line 1939, by inserting after the word “education,” the words “joint committee on higher education,”.

Amendment # 26

Representative Sannicandro moves to amend the bill by adding the following sections:

SECTION. Chapter 222 of the Massachusetts General Laws is herby amended by inserting the following section:
Section. As used in this section, the following words shall have the following meanings:-


(a) “Affirmation", an act in which a person makes a vow in the presence of the electronic notary under penalty of perjury.
"Approved time stamp provider", a person or organization recognized by the secretary of state as capable of reliably providing time stamp services on notary service electronic documents.


 "Electronic", a thing relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

 "Electronic acknowledgment", a notarial act in which an electronic notary electronically certifies that the signer, whose identity is proven by satisfactory evidence, either:
(1) Appeared before the electronic notary and acknowledged that the signer executed the instrument;
(2) Provided secure electronic acknowledgment that the signer executed the electronic instrument presented to the electronic notary.

 "Electronic commission", the written authority to perform electronic notarization acts.

 "Electronic document", any record created, generated, sent, communicated, received or stored by electronic means.

 "Electronic jurat", an electronic notarial act in which the electronic notary certifies that a signer, whose identity is proven by satisfactory evidence, has made in the electronic notary's presence a voluntary electronic signature or mark and has taken an oath or affirmation vouching for the truthfulness of the signed electronic document.

“Electronic notary”, any person commissioned to perform notarial acts under this article.
"Electronic notary public" , any person commissioned to perform notarial acts under this article.

 "Electronic notary token”, the electronic attachment to a notarized electronic document that is attached by the electronic notary and that contains the notary's electronic signature. The electronic notary token is linked to the electronic document to which it relates in a manner so that if the document is changed the electronic notary token is invalidated.

 "Electronic signature", an electronic method or process that through the application of a security procedure allows a determination that the electronic signature at the time it was executed was all of the following:
(1) Unique to the person using it;
(2) Capable of verification;
(3) Under the sole control of the person using it;
(4) Linked to the electronic document to which it relates in a manner so that if the document is changed the electronic signature is invalidated.

 "Notary service electronic certificate", the materials and methods issued by an electronic notary to a prospective signer so that signer may create a notary service electronic signature.

"Notary service electronic signature", an act completed by a signer using a properly issued notary service electronic certificate to sign an electronic document.

 "Oath", an act in which a person makes a vow in the presence of the electronic notary under penalty of perjury, with reference made to a supreme being.

 "Personal knowledge of identity",  familiarity with an individual resulting from interactions with that individual over a sufficient time to eliminate reasonable doubt that the individual has the identity claimed.

 "Satisfactory evidence of identity",
(1) Proof of identity is evidenced by one of the following:
(i) An unexpired driver license that is issued by a state or territory of the United States;
(ii) An unexpired passport that is issued by the United States department of state;
(iii) An unexpired identification card that is issued by any branch of the United States armed forces;
(iv) Any other unexpired identification card that is issued by the United States government or a state or tribal government, that contains the individual's photograph, signature and physical description and that contains the individual's height, weight, color of hair and color of eyes;
(v) The oath or affirmation of a credible person who is personally known to the electronic notary and who personally knows the individual signer;
(vi) The oath or affirmation of a credible person who personally knows the individual and who provides satisfactory evidence of identity pursuant to item (i), (ii), (iii) or (iv) of this subdivision;
(vii) Personal knowledge of the individual signer by the electronic notary;
(2) For the purposes of a real estate conveyance or financing that proof of identity may be evidenced by one of the following:
(i) A valid unexpired passport that is issued by the United States government.
(ii) A valid unexpired passport that is issued by a national government other than the United States government and that is accompanied by a valid unexpired visa or other documentation that is issued by the United States government and that is necessary to establish an individual's legal presence in the United States.
(iii) Any other valid unexpired identification that is deemed acceptable by the United States department of homeland security to establish an individual's legal presence in the United States and that is accompanied with supporting documents as required by the United States department of homeland security.

"Time stamp token”, a secure electronic method to affix a statement of the time and date that the document was recognized as a valid notary service electronic document by an approved time stamp provider. A time stamp token is attached by an approved time stamp provider to the document in a way that if the document changes the time stamp token is invalidated.

(b) Any notarial act in which a person by oath or affirmation signs a document may be performed electronically as prescribed by this article.

 (c) Unless otherwise expressly prohibited by law, the following notarial acts, terms and entities have the same legal effect as those prescribed by article 2 of this chapter:
(1)  Electronic acknowledgment as acknowledgment;
(2)  Electronic oath as oath;
(3)  Electronic jurat as jurat;
(4) Electronic affidavit as affidavit;
(5)  Electronic notarial act as notarial act;
(6)  Electronic notarial certificate token as notarial certificate.
(7)  Electronic notary as notary.

(d) An electronic commission is a commission to perform only electronic notary acts And only an electronic notary is authorized to perform electronic notary acts.

(e) Unless otherwise expressly prohibited by law, any electronic notarial act may be performed by either:
(1)  An act in the presence of an electronic notary as prescribed by this article.
(2) An electronic notarial service as prescribed by this article for which the person signing appears before an electronic notary and by oath or affirmation acknowledges that any notary service electronic document that is created by the person pursuant to this article has the same legal force and effect as if the person appeared before an electronic notary and by oath or affirmation executed an electronic notarial act.

(d) Section 41-132 applies in conjunction with this article to electronic signatures used by electronic notaries.

(e) This article applies to electronic notarial acts that are performed by electronic notaries who are appointed in this state and applies only to their acts performed in the United States.

(f)  A notarized electronic document consists of the following:
(1) A complete electronic document;
(2)  A signature or mark that is affixed to the document by the signer;
(3)  A time and date statement that is affixed to the document in a manner that is approved by the secretary of state;
(4)  An electronic notary token that is affixed to the document in a manner that is approved by the secretary of state.

(g) On completion of the notarized electronic document, any change to any of the elements prescribed in subsection A invalidates the notarized electronic document

(h)  Electronic notaries public shall perform the following electronic notarial acts when requested:
(1) Take electronic acknowledgments;
(2)  Administer oaths and affirmations relating to electronic documents and electronic notarial acts;
(3)  Perform jurats relating to electronic documents and electronic notarial acts;
(4)  Educate notary service electronic signature certificate applicants about the responsibilities and consequences of the use of the certificate;
(5)  Administer an oath or affirmation that the notary service electronic signature certificate applicant understands the responsibilities and consequences of using a notary service electronic signature certificate to sign a notary service electronic document and that the electronic signature certificate has the same legal force and effect as any notarial act made before a notary public pursuant to article 2 of this chapter;
(6)  Register the notary service electronic signature certificate applicant for the issuance of a notary service electronic signature certificate that has a maximum useful life of two years.

(i) A notarized electronic document that is completed in the presence of an electronic notary consists of the following:
(1) A complete electronic document;
(2)  A signature or mark that is affixed to the document by the signer;
(3)  A time and date statement that is contained within the electronic notary token;
(4)  An electronic notary token that is affixed by the electronic notary to the document.
(j) On completion of the notarized electronic document, any change to any of the elements prescribed in subsection B of this section invalidates the notarized electronic document.

(k) An electronic notary public shall:
(1) Keep, maintain and protect as a public record a journal of all official acts performed by the notary as prescribed in section 41-361 and in the form prescribed by the secretary of state;
(2)  Provide and keep the materials and processes to create an electronic notary token as approved by the secretary of state;

(3) Authenticate with the electronic notary token all official acts and affix the date of the expiration of the notary's commission as an electronic notary on every document that the electronic notary electronically signs;
(4)  Respond to any requests for information and comply with any investigations that are initiated by the secretary of state or the office of the attorney general.

(l) An electronic notarial act performed by any of the persons described in section 33-501 shall be recognized in this state if the notarial act creates an electronically notarized electronic document as prescribed by this article.

Amendment # 27

Representative Sannicandro of Ashland moves to amend the bill by adding the following section:
SECTION.
(a) Section 2 of Chapter 156C of the General Laws is amended by striking the following text:
(9) “Operating agreement”, any written or oral agreement of the members as to the affairs of a limited liability company and the conduct of its business.
And replacing thereof:
(9)  “Operating agreement”, any form of description of membership rights and obligations stored or depicted in any tangible or electronic medium, which is agreed to by the members, including amendments to the agreement.
(b) Section 2 of Chapter 156C of the General Laws is amended by inserting the following text:
 (12) “Signed”, any written signature, symbol or electronic schema that may be prescribed by the secretary of state that is executed or adopted by a person with the present intention to authenticate a record.
(13) “Document”, information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.    
(14)  “Writing”, written communications whether tangible, including letters and faxes, or electronic, including e-mails or other electronic formats, that may be prescribed by the secretary of state.
(15)  “Meeting”, any structured communications conducted by participants in person or through the use of electronic or telecommunications medium permitting simultaneous or sequentially structured communications for the purpose of reaching a collective agreement.

Amendment # 28

Ms. Walz of Boston moves to amend the bill (H. 4110) by adding the following section:-
SECTION XX. Section 2 of chapter 62 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking subparagraph (D) of paragraph (1) of subsection (d).

SECTION XX. Chapter 62C of the General Laws is hereby amended by inserting after section 87 the following section:-

Section 88. The department of revenue shall not assess an individual who is an employee or owner-employee within the meaning of section 401(c) of the Code and who excluded or deducted elective contributions to plans defined in section 401(k) within the limitations set out in section 402(g)(1) of the Code for tax years prior to 2009.

Amendment # 29

Representatives Walz of Boston and Fernandes of Milford move to amend the bill (H. 4110) by adding the following section:-

SECTION XX. Subsection (a) of section 13 of chapter 13 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking, in line 1, the figure "17" and inserting in place thereof the following figure:- 18

SECTION XX. Subsection (a) of section 13 of said chapter 13, as so appearing, is hereby amended by striking, in line 8, the word "consumers." and inserting in place thereof the following words:- consumers; and a vocational-technical licensed practical nursing educator or administrator who shall be selected from a group of three nominees, to be nominated by the Massachusetts Association of Vocational Administrators.

SECTION XX. Section 32 of said chapter 13, as so appearing, is hereby amended by striking, in line 4, the word "eight" and inserting in place thereof the following figure:- 9

SECTION XX. Section 32 of said chapter 13, as so appearing, is hereby amended by inserting after the word "forty-one.", in line 8, the following sentence:- 1 of the appointees shall be a vocational-technical electrical educator or administrator, who shall be selected from a group of three nominees, to be nominated by the Massachusetts Association of Vocational Administrators.

SECTION XX. Section 36 of said chapter 13, as so appearing, is hereby amended by striking, in line 3, the word "nine" and inserting in place thereof the following figure:- 10

SECTION XX. Section 36 of said chapter 13, as so appearing, is hereby amended by inserting, in line 16, after the word “systems,” the following words:- 1 of whom shall be a vocational-technical plumbing educator or administrator who shall be selected from a group of three nominees to be nominated by the Massachusetts Association of Vocational Administrators,

SECTION XX. Section 42 of said chapter 13, as so appearing, is hereby amended by striking, in line 2, the word "seven" and inserting in place thereof the following figure:- 8

SECTION XX. Section 42 of said chapter 13, as so appearing, is hereby amended by striking, in line 35, the word "and".

SECTION XX. Section 42 of said chapter 13, as so appearing, is hereby amended by striking, in line 36, the word "cosmetology" and inserting in place thereof the following words:- cosmetology; and (c) one member shall be a vocational-technical cosmetology educator or administrator who shall be selected from a group of three nominees, to be nominated by the Massachusetts Association of Vocational Administrators.

SECTION XX. Section 101 of said chapter 13, as so appearing, is hereby amended by striking, in line 4, the figure "5" and inserting in place thereof the following figure:- 6

SECTION XX. Subsection (a) of section 101 of said chapter 13, as so appearing, is hereby amended by inserting, after the word “work,” in line 9 the following words:- , 1 of whom shall be a vocational-technical sheet metal educator or administrator who shall be selected from a group of three nominees, to be nominated by the Massachusetts Association of Vocational Administrators,

SECTION XX. Section 1 of chapter 74 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the definition of “service programs” contained in lines 43 to 44, inclusive, and inserting in place thereof the following definition:- “Service programs”, the preparation of students in occupational areas such as hotel and lodging, cosmetology, child care or any service occupation that by its nature is characterized as being a service, professional or non-professional. Such programs shall be in compliance with the program approval criteria regulations published by the state board.

SECTION XX. Chapter 74 of the General Laws is hereby amended by inserting after section 55 the following section:- Section 56. The district trustees shall establish a program, in collaboration with the advisory committee, the director of the department of career services and a representative of the local workforce investment board, to expand not-for-credit vocationally-oriented instruction provided through contracts with Massachusetts employers. The program shall allow interested business partners to sponsor a prospective or current employee for training provided by the vocational school at the expense of the employer. Each vocational school shall report not later than December 31, annually, to the commissioner of education on the level of not-for-credit vocationally-oriented instruction provided in the preceding fiscal year and the anticipated level of such instruction in the current fiscal year. The report shall detail enrollment levels, revenues received, sources of revenues, recruitment tools, the number of service contracts established with Massachusetts employers and such other information as the commissioner may require. The commissioner shall prepare a comprehensive report of the information and present copies of which to the board of higher education and the house and senate chairs of the joint committee on labor and workforce development not later than March 31, annually.

SECTION XX. There is hereby established a commission on vocational-technical education in the twenty first century, to investigate and study the feasibility of authorizing public vocational-technical high schools to award post-secondary associates degrees. The commission shall consist of 14 members: the secretary of education or the secretary’s designee who shall serve as chair of the commission; 2 members of the house of representatives, to be appointed by the speaker of the house; 2 members of the senate, to be appointed by the senate president; 4 members to be appointed by the Massachusetts Association of Vocational Administrators; 3 individuals to be appointed by the governor; the commissioner of higher education or a designee; and the commissioner of workforce development or a designee. The commission shall report to the general court the results of its investigation and study and its recommendations, if any, together with any drafts of legislation necessary to carry out such recommendations, by filing the same with the clerks of the senate and house who shall forward the same to the chairs of the joint committee on education on or before December 31, 2013.

Amendment #30

Representatives Walz of Boston, Peake of Provincetown, and Atkins of Concord move to amend the bill (H. 4110) by adding the following section:- SECTION XX. Chapter 149 of the General Laws is hereby amended by inserting after section 52D the following section:- Section 52E. (A) Unless otherwise provided by law, an employer, or an employer’s designee, who discloses information about a current or former employee to a prospective employer of the employee shall be absolutely immune from civil liability if the disclosed information includes any or all of the following: (1) date of employment; (2) pay level; (3) job description and duties; and (4) wage history. An employer who responds in writing to a written request concerning a former employee from a prospective employer of that employee shall be absolutely immune from civil liability if the disclosed information includes either or both of the following: (1) written employee evaluations which were conducted prior to the employee’s separation from the employer and (2) whether the employee was voluntarily or involuntarily released from service and the reasons for the separation. (B) This section shall apply to causes of action accruing on and after the effective date of this act.

Amendment #31

Representatives Walz of Boston, Jones of North Reading, Peake of Provincetown, and Atkins of Concord move to amend the bill (H. 4110) by adding the following section:- SECTION XX. Section 148 of chapter 149 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking, in line 2, the words "weekly or bi-weekly" and inserting in place thereof the following words:- weekly, biweekly or semi-monthly.

Amendment #32

Representatives Walz of Boston and Peake of Provincetown move to amend the bill (H. 4110) by adding the following section:-

SECTION XX. Section 3A of chapter 151B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out subsection (e) and replacing it with the following subsection:- (e) Employers and labor organizations are encouraged to conduct an education and training program for new non-supervisory employees and members, within 1 year of commencement of employment or membership, which includes at a minimum the information set forth in this section.

SECTION XX. Said chapter 151B is hereby further amended by inserting after section 3A the following section:- Section 3B. Training and education for supervisory and managerial employees By June 30, 2013, employers are encouraged to provide at least 2 hours of classroom or other effective interactive training and education regarding illegal workplace discrimination, harassment and retaliation to all supervisory and managerial employees who are employed as of June 30, 2012, and to all new supervisory and managerial employees within 6 months of their assumption of a supervisory or managerial position. After June 30, 2013, employers are encouraged to provide such training and education to each supervisory or managerial employee once every two years. (a) The training and education described in this section should include at a minimum (i) information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against and the prevention and correction of workplace discrimination, harassment and retaliation, (ii) information about the remedies available to victims of workplace discrimination, harassment and retaliation, and (iii) practical examples aimed at instructing supervisors and managerial employees in the prevention of discrimination, harassment and retaliation. The training and education shall be presented by trainers or educators with knowledge and expertise in the prevention of discrimination, harassment and retaliation. (b) A claim that the training and education described by this section did not reach a particular individual or individuals shall not in and of itself result in the liability of any employer to any present or former employee or applicant in an action alleging illegal workplace discrimination, harassment or retaliation. Conversely, an employer’s compliance with this section does not insulate the employer from liability for discrimination, harassment or retaliation against any current or former employee or applicant. (c) An employer’s compliance with this section with respect to a particular supervisor or managerial employee shall be an affirmative defense to any action alleging illegal discrimination, harassment or retaliation brought against an employer based on that supervisor’s or managerial employee’s actions or failure to act. Any employer that has provided the training and education described by this section to a supervisory or managerial employee after June 30, 2011 is not required to provide additional training and education by the June 30, 2013 deadline in order to assert this affirmative defense. (d) The training and education described in this section is intended to establish a minimum threshold and should not discourage any employer from providing for longer, more frequent, or more elaborate training and education regarding unlawful workplace discrimination, harassment and retaliation in order to meet its obligations to take all reasonable steps necessary to prevent and correct discrimination, harassment and retaliation.

Amendment #33

Mr. Walsh of Boston moves that the bill be amended in Section 4 line item 7007-1200 by inserting the following after “the acts of 2006” in line 30:- “provided further that no less than $250,000 per year for 2 years will be provided,”

Amendment #34

Miss Reinstein of Revere moves that the bill H4110 be amended in Section 79 at the end of the first paragraph after the words, “collaboration between these entities.”, by inserting the following: Provided further, the director shall make available not less than $500,000 each year to provide technical assistance to and solicit grant opportunities from labor organizations to support the creation of workforce investment training opportunities for civilians or for veterans who served on active duty in the armed forces during a war or in a campaign or expedition for which a campaign badge has been authorized, and who have separated from the military within 48 months of the effective date of this act; provided that said labor organizations shall (1) have existing training facilities in the commonwealth with the capacity to train a minimum of 100 workers monthly, (2) provide employment training and support services including but not limited to CDL licensing with an emphasis on tractor trailer, forklift and similar commercial equipment operation, and (3) implement innovative approaches that increase the number of veteran participants who complete industry-recognized training programs and who shall receive occupational credentials and certifications to improve their overall competitiveness in the civilian workforce.

Amendment #35

Mr. Chan of Quincy moves to amend House Bill 4110, at the end thereof, by inserting the following new section:- SECTION 1. Chapter 85 of the Massachusetts General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting the following new section at the end thereof:- Section __. (a) Notwithstanding any other provision of law, any provision, clause, covenant or agreement contained in a motor carrier transportation contract that purports to indemnify, defend or hold harmless, or has the effect of indemnifying, defending or holding harmless, an indemnitee from or against any liability for loss or damage resulting from such indemnitee's negligence or intentional acts or omissions shall be void and unenforceable. For the purposes of this section, "motor carrier transportation contract" means a contract, agreement or understanding entered into, renewed, modified or extended on or after July 1, 2012, concerning (1) the transportation of property for compensation or hire, (2) the entry on public or private property for the purpose of loading, unloading or transporting property for compensation or hire, or (3) a service incidental to the activities set forth in subdivisions (1) and (2) of this subsection. “Motor carrier transportation contract” shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use or possession of intermodal chassis or containers or other intermodal equipment.

Amendment #36

Mr. Vallee of Franklin moves to amend the bill by striking out section 79 in its entirety and inserting in place thereof the following section:-

SECTION 79. Section 2WWW of Chapter 29 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after fifth paragraph the following paragraph:- A portion of the grant fund shall be used to address the gap between the skills held by workers and the skills needed by employers for jobs that require more than a high school diploma but less than a 4-year degree. Grants awarded under this program shall focus on building relationships and partnerships among geographic clusters of high schools, vocational-technical schools, community colleges, state universities, institutions of higher education, local employers, industry partners, local workforce investment boards, and workforce development entities, in order to create multiple and seamless pathways to employment through enhanced coordination of existing institutions and resources. Each cluster shall designate 1 entity or organization as the lead partner for each cluster and approved procurements shall be jointly applied for by, at a minimum, a public educational institution including a community college, at least one regional workforce investment board, and at least one regional employer in a high growth sector. . Grants made under this program shall include consideration of, but not be limited to: defining and establishing the process for students to transition from adult basic education programs to college-based programs; programs accessible to working, unemployed or underemployed adults; support of education and workforce development initiatives that collaborate with the efforts or initiatives of public educational institutions, including development of stackable certificates and credentials, non-semester-based modular programs and accelerated associate degree programs, provided however that the grants issued from this fund shall serve to supplement, and not supplant, ongoing initiatives at community colleges; providing sector-based training including developmental education and certification programs; providing student support services; using competency-based placement assessments; leveraging regional resources, including shared equipment and funding; partnering with 2 or more training organizations in a region; and partnering with 2 or more employers in a region. This portion of the grant fund may also be used to develop regional centers of excellence, which shall be aligned to the commonwealth’s economic development strategies to meet the needs of employers in high growth sectors, including but not limited to, health care, life sciences, information technology and advanced manufacturing. Each center of excellence shall be located at a community college, state university, vocational or technical high school or collaboration between these entities. A project grant program shall be designed by Commonwealth Corporation, in consultation with a middle skills subcommittee of the fund committee, which shall include, at a minimum, a representative from the business community to be appointed by the secretary of labor and workforce development; the director of the Center for Labor Market Studies at Northeastern University or a designee; a representative of adult basic education or non-traditional college students in the commonwealth to be appointed by the secretary of education; the Massachusetts Workforce Board Association; a representative from a non-profit trade association with a state approved apprenticeship program and the Massachusetts AFL-CIO, as well as any representatives of the other mandatory advisory committee constituencies under paragraph (b).

Amendment #37

Representatives Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleborough, and deMacedo of Plymouth move to amend the House bill 4110 in SECTION 15 by striking, in line 100, the figure “50” and inserting in place thereof the following figure:– “10”.

Amendment #38

For the text , please copy and paste the following URL into the address bar of your browser and hit enter: http://www.mass.gov/legis/journal/desktop/Current%20Agenda%202011/H4110amend38.pdf

Amendment #39

Mr. Walsh of Boston moves that the bill be amended in Section 4 line item 7007-1200 by inserting the following after “the acts of 2006” in line 30:- “provided further that no less than $250,000 per year for 2 years will be provided to the Venture Development Center at the University of Massachusetts Boston,”

Amendment #40

Mr. Mariano of Quincy moves to amend House No. 4110 by inserting after section 65 the following 2 sections: “SECTION 65A. Section 29 of chapter 93 of the General Laws, as so appearing in the 2010 Official Edition, is hereby amended by inserting after the words “twenty-nine A,”, in line 2, the following:- 29B. SECTION 65B. Said chapter 93 of the General Laws, as so appearing, is hereby amended by inserting after section 29A the following section:- Section 29B. Notwithstanding any general or special law to the contrary, an owner of land on which any non-conforming billboard, sign or other advertising device, is located may petition the board to commence a permit and license revocation procedure if the permit or license holder ceases to possess contractual tenancy rights with the owner of land. Upon such petition, the board shall hold duly advertised public hearings to review and determine whether the land owner’s commercial interest in such land is unduly burdened by the non existence of a leasehold interest with the permit holder, license holder, or both, of such sign. The board shall develop uniform criteria for making such determination. If the board determines such landowner’s commercial interest is unduly burdened the board shall transfer such license and permit to the owner of land. The board shall promulgate regulations necessary to implement this section.”

Amendment #41

Mr. Fennell of Lynn moves to amend H. 4110 by adding at the end thereof the following section:-

SECTION XX : Chapter 149 of the General Laws is hereby amended by inserting after Section 148B the following section: Section 148C. (a) For the purposes of this Chapter and Chapter 62B, 151 and 152, an individual performing any service shall be considered to be an employee unless: (1) the individual meets the requirements of section 148B(a), or (2) the individual operates by means of a bona fide corporation. (b) For the purpose of Chapter 151A [Unemployment Insurance], an individual performing any service shall be considered to be an employee unless: (1) the individual meets the requirements of Chapter 151A, section 2, or (2) the individual operates by means of a bona fide corporation. (c) A corporation is deemed bona fide if it is shown that (1) Articles of incorporation have been filed by the corporation; (2) the corporation is in good standing with the Secretary of the Commonwealth of Massachusetts; (3) the corporation includes services rendered on federal and applicable state income tax schedules as an independent business or profession; (4) the corporation reports its employees’ income to the Internal Revenue Service and the Massachusetts department of Revenue; and (5) the corporation complies with federal and state tax, unemployment insurance, workers’ compensation insurance, and labor and employment law obligations with respect to its personnel.

Amendment #42

Mr. Winslow of Norfolk moves to amend the bill by inserting at the end thereof the following section:-

“Section XX. Section 3 of Chapter 40A, as most recently amended by Section 79 of Chapter 240 of the Acts of 2010, is hereby amended by adding at the end thereof the following language: - Any municipality that has so accepted this section pursuant to Chapter 4, Section 4 of the Massachusetts General Laws may, upon majority vote at town meeting in a town or by majority vote of the city council in a city, suspend Chapter 40A zoning and local approval bylaws or ordinances and regulations, with the exception of any state building code, wetlands protection, or state sanitary codes for any area, sidewalk, square, area or building designated as a “Free Enterprise Zone” by a town at town meeting or by the city at city council. Any such “Free Enterprise Zone” created under this section shall be designated in order to stimulate job creation and economically revitalize communities, and shall be awarded in furtherance of these goals, provided that any such use of a designated area does not create unreasonably adverse off-site impacts. Any city or town may rescind such designation for all future uses and structures upon 2/3 vote of city council or town meeting, provided that sufficient notice has been provided to the property owner for Free Enterprise Zones located on privately-owned property. Section XX. This act shall expire on January 1, 2016 unless otherwise extended by approval of the General Court.”

Amendment #43

Mr. Winslow of Norfolk moves to amend the bill by inserting at the end thereof the following section:-

“SECTION XX. Section 1 of chapter 151, as appearing in the 2008 Official Edition, is hereby amended by adding at the end of the first paragraph the following: This section shall not apply to workers under the age of twenty who are seasonally employed for no more than 90 consecutive days in any twelve month period and who were claimed as dependents on any parent or guardian’s state or federal income tax return in the preceding calendar year, provided that such workers do not displace any other workers. A wage of less than $6.00 for any such worker shall conclusively be presumed to be oppressive and unreasonable, unless the commissioner has expressly approved or shall expressly approve the establishment and payment of a lesser wage under the provisions of sections seven and nine.

SECTION XX. This act shall expire on October 1, 2015 unless otherwise extended by an act of the General Court.”

Amendment #44

Mr. Hecht of Watertown moves to amend the bill by adding the following section: “SECTION XX. Section 52C of Chapter 149 of the General Laws, as amended by Section 148 of Chapter 240 of the Acts of 2010, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following paragraph: Any employer receiving a written request from an employee shall provide the employee with an opportunity to review his personnel record within five business days of such request. The review shall take place at the place of employment and during normal business hours. An employee shall be given a copy of his personnel record within five business days of submission of a written request for such copy to his employer.”.

Amendment #45

Mr. O’Day of West Boylston moves to amend the bill in section 45, 4G (b), after the words “University of Massachusetts” by inserting “research universities, and state universities doing research” and in subsection (c) after the words “in consultation with the University of Massachusetts” by adding “and other state universities doing research,”

Amendment #46

Representatives Turner of Dennis, Lewis of Winchester and Jones of North Reading move to amend House Bill 4100, at the end thereof, by inserting the following new sections:- SECTION X. Chapter 151A of the general laws shall be amended in subsection (bb) by deleting paragraphs (1) and (2) in their entirety and replacing them with the following:- (1) has been employed by a seasonal employer in seasonal employment during a regularly recurring period or periods of less than sixteen weeks in a calendar year or by a public employer at a municipal, county, or state golf course for less than 28 weeks in a calendar year for all seasonal periods as determined by the commissioner or as otherwise defined in this chapter. (2) has been hired for a specific temporary seasonal period as determined by the commissioner or as otherwise defined in this chapter. SECTION X. Chapter 151A shall be further amended in subsection (bb), paragraph (3), sentence (A) by inserting in said sentence after the word, “seasonal employer”, the words, “or by a public employer at a municipal, county or state golf course”. SECTION X. Chapter 151A shall be further amended in subsection (cc) by adding after the first sentence the following sentence:- For the purposes of public seasonal employment at a municipal, county, or state golf course, the seasonal period shall be 28 weeks or less.

Amendment #47

Representative Kane of Holyoke moves to amend the bill by inserting the following new section:- “SECTION XX Section 2(a) of Chapter 142A of the general laws is hereby amended by striking out clause (6) and inserting in place thereof the following new clause: (6) a time schedule of payments to be made under said contract and the amount of each payment stated in dollars, including all finance charges. (i) except as provided under subparagraph (ii), any deposit required under the contract to be paid in advance of the commencement of work under said contract shall not exceed the greater of one-third of the total contract price or the actual cost of any materials or equipment of a special order or custom made nature, which must be ordered in advance of the commencement of work, in order to assure that the project will proceed on schedule. No final payment shall be demanded until the contract is completed to the satisfaction of the parties thereto. (ii) the provisions of subparagraph (i) shall not apply to a home improvement retailer with a net worth of more than $100,000,000;”

Amendment #48

Representatives Turner of Dennis, Lewis of Winchester and Jones of North Reading move to amend House Bill 4100, at the end thereof, by inserting the following new section:- SECTION X. Chapter 151A of the General Laws shall be amended by adding at the end thereof the following sentence:-“Notwithstanding any law, special law or regulation to the contrary, no state, county, or municipal governmental or school district acting as a subsidiary employee shall be liable for unemployment benefits regarding a sporadic employee when the sporadic employee is laid off by a different employer than the state, county or municipal subsidiary employer.”

Amendment #49

Representatives Turner of Dennis and Jones of North Reading move to amend House Bill 4100, at the end thereof, by inserting the following new sections:- SECTION X. Chapter 151A of the general laws shall be amended in subsection (bb) by deleting paragraphs (1) and (2) in their entirety and replacing them with the following:- (1) has been employed by a seasonal employer in seasonal employment during a regularly recurring period or periods of less than sixteen weeks in a calendar year or by a public employer at a municipal, county, or state golf course for less than 28 weeks in a calendar year for all seasonal periods as determined by the commissioner or as otherwise defined in this chapter. (2) has been hired for a specific temporary seasonal period as determined by the commissioner or as otherwise defined in this chapter. SECTION X. Chapter 151A shall be further amended in subsection (bb), paragraph (3), sentence (A) by inserting in said sentence after the word, “seasonal employer”, the words, “or by a public employer at a municipal, county or state golf course”. SECTION X. Chapter 151A shall be further amended in subsection (cc) by adding after the first sentence the following sentence:- For the purposes of public seasonal employment at a municipal, county, or state golf course, the seasonal period shall be 28 weeks or less.

Amendment #50

Miss Reinstein of Revere moves that the bill H4110 be amended in Section 41 at the end of the first paragraph after the words, “collaboration between these entities.”, by inserting the following: Provided further, the director shall make available not less than $500,000 each year to provide technical assistance to and solicit grant opportunities from labor organizations to support the creation of workforce investment training opportunities for civilians or for veterans who served on active duty in the armed forces during a war or in a campaign or expedition for which a campaign badge has been authorized, and who have separated from the military within 48 months of the effective date of this act; provided that said labor organizations shall (1) have existing training facilities in the commonwealth with the capacity to train a minimum of 100 workers monthly, (2) provide employment training and support services including but not limited to CDL licensing with an emphasis on tractor trailer, forklift and similar commercial equipment operation, and (3) implement innovative approaches that increase the number of veteran participants who complete industry-recognized training programs and who shall receive occupational credentials and certifications to improve their overall competitiveness in the civilian workforce.

Amendment #51

Representative Kulik of Worthington moves to amend bill H4093 as follows: Striking sections 87 and 88

Amendment #52

Representative Kane of Holyoke moves to amend the bill by adding the following section: SECTION XX. Section 19 of Chapter 186 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the words “rental agreement” the following: “for residential dwelling premises”.

Amendment #53

Representative Turner of Dennis moves to amend House Bill 4100, at the end thereof, by inserting the following new section:- SECTION X. Section 1 of Chapter 151A shall be amended by striking the definition of “Seasonal Employee” and replacing it with the following definition: “Seasonal Employee shall mean any employee who: (1) is employed by any employer, whether the employer is a seasonal employer as defined in 151A section 1 or any other employer, in seasonal employment during a regularly recurring period or periods of up to twenty six weeks in a calendar year for all such seasonal periods, as determined by the director of unemployment assistance in consultation with the employer, and (2) has been hired for a specific temporary seasonal period as determined by the director of unemployment assistance in consultation with the employer; and (3) has been notified in writing at the time hired, or immediately following the seasonal determination by the department, whichever is later: (A) that the individual is performing services in seasonal employment for a specified season; and (B) that the individual's employment is limited to the beginning and ending dates of the employer's seasonal period as determined by the department in consultation with the employer.

Amendment # 54

Mr. Costello of Newburyport moves to amend H. 4110 by adding the following new section:-

“SECTION XX. Section 182, of chapter 175 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word “Commissioner”, in line 14, the following:- “Valuable consideration or inducement does not include any advice or services provided by or through an insurance company, insurance agent, or third party provided by either, related to risk assessments, risk management tools, claims assistance, claims reduction, administrative consulting, or other advice or services designed to reduce risk, claims or claim expenses.”

Section 183, of chapter 175 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word “Commissioner”, in line 9, the following:- “Valuable consideration or inducement does not include any advice or services provided by or through an insurance company, insurance agent, or third party provided by either, related to risk assessments, risk management tools, claims assistance, claims reduction, administrative consulting, or other advice or services designed to reduce risk, claims or claim expenses.”

Section 3, of chapter 176D of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting at the end of paragraph (8) the following:- “Valuable consideration or inducement does not include any advice or services provided by or through an insurance company, insurance agent, or third party provided by either, related to risk assessments, risk management tools, claims assistance, claims reduction, administrative consulting, or other advice or services designed to reduce risk, claims or claim expenses.” ”

Amendment #55

Mr. Mark of Peru moves to amend House Bill 4110 by inserting after line 443 of Section 36 the following new section: “Section 6 of Chapter 23D of the general laws is hereby amended by adding the following: Within seven days of signaling intent to sell or transfer ownership of any business corporation or plant within the domain of said business corporation, the president or chief executive officer of said business corporation must notify its employees in writing that they are eligible to purchase or bid on said business corporation through a cooperative or employee stock ownership program, and provide information to contact the Office of Employee Involvement and Ownership. Such notice must be displayed in a prominent common area of the facility or facilities affected by said potential sale. The employees of any business corporation whose president, chief executive officer, or principal owners have signaled an intent to sell or transfer ownership of said business corporation or plant within the domain of said business corporation shall have the right of first refusal in bidding to purchase said business corporation through a cooperative or employee stock ownership program.”

Amendment #56

Mr. Mark of Peru moves to amend House Bill 4110 by inserting after line 443 of Section 36 the following new section: “Section 17 of Chapter 23D of the general laws is hereby amended by adding the following: $250,000 shall be appropriated for the operations of the office of employee involvement and ownership”

Amendment #57

Representatives Pignatelli of Lenox and Keenan of Salem move to amend the bill by adding the following section:

SECTION XX. SECTION 1: Chapter 151A of the Massachusetts General Laws is hereby amended in section z by striking out section z and inserting in place thereof the following: “Seasonal employer”, an employer that, because of climatic conditions or the nature of product or service, customarily operates all or a functionally distinct occupation within its business only during a regularly recurring period or periods of less than twenty four weeks for all seasonal periods during a calendar year and only includes an employer who voluntarily submits a written application to the commissioner. Such application shall be submitted at least sixty days prior to the beginning of the season.

SECTION 2: Chapter 151A of the Massachusetts General Laws is herby amended in section aa by striking subsection 1 and inserting in place thereof the following: “Has been employed by a seasonal employer in seasonal employment during a regularly recurring period or periods of less than twenty-four weeks in a calendar year for all seasonal periods, as determined by the commissioner, and”

SECTION 3: Chapter 151A, Section 24A of the Massachusetts General Laws is hereby amended in subsection e by striking subsection e and inserting in place thereof the following: “If a seasonal employer, after the date of its seasonal determination, operates its business or its seasonal operation during a period or periods of twenty-four weeks or more in a calendar year, the employer shall be redetermined by the commissioner to have lost its seasonal status with respect to that business or operation effective at the end of the then current calendar quarter. The redetermination shall be reported in writing to the employer. An employer notified of a redetermination may file an appeal of the redetermination and obtain review of the redetermination in accordance with sections thirty-nine through forty-two, inclusive.

Amendment #58

Mr. Cantwell of Marshfield moves to amend House Bill 4110 by adding the following section:

“SECTION XX. Notwithstanding any general or special law to the contrary, the commissioner of the division of capital asset management and maintenance, in consultation with the president of Massasoit community college and the department of higher education, is hereby authorized to enter into a lease or other contractual arrangement with Marine and Environmental Education Alliance, Inc., a not-for-profit corporation, to allow the college to utilize facilities now or hereafter owned, leased or operated by the corporation for the purpose of providing post-secondary career and training opportunities in marine and environmental studies. The lease or other contractual arrangement shall be for a term, including extensions, of up to 30 years, and shall be on such terms and conditions as the commissioner of the division of the division of capital asset management and maintenance, in consultation with the president of Massasoit community college and the department of higher education, deems appropriate.”

Amendment #59

Ms. Coakley-Rivera of Springfield moves to amend the bill (House No. 4110) by inserting after Section 95, the following section:-

SECTION XX. Not later than 10 days after the start of fiscal year 2013, the comptroller shall transfer $20,000,000 from the General Fund to the Affordable Housing Trust Fund established by chapter 121D of the General Laws, and said funds shall be used by department of housing and community development as grants or loans for foreclosed property acquisition and rehabilitation, and related property inspection and improvements to local infrastructure that help promote neighborhood stabilization activities in areas that have high numbers of foreclosed and distressed properties, provided that loans and grants may be administered by the department through contracts with the Massachusetts Housing Partnership Fund established in section 35 of chapter 405 of the acts of 1985, as amended, and through the Neighborhood Stabilization Loan Fund, and provided further that notwithstanding section 3 of chapter 121D of the General Laws, the department may employ affordability restrictions consistent with federal Neighborhood Stabilization Program created pursuant to Division B, Title II of the Housing and Economic Recovery Act of 2008 and the American Recovery and Reinvestment Act of 2009.

Amendment #60

Ms. Coakley-Rivera of Springfield moves to amend the bill (House No. 4110) in line 22, by inserting after the word “program” the following:- “; provided that no less than $300,000 shall be expended for the Tri-City Minority Employment Program;” and in said item 7007-1200 by striking out the figure “$2,250,000” and inserting in place thereof the following figure:- “$2,550,000”

Amendment #61

Mr. Collins of Boston moves to amend the bill by adding the following at the end thereof:-

Section __. Notwithstanding anything in Section 3(g) of said Chapter 152 to the contrary, in addition to the construction and development of an expansion to the hotel located in the northeast corner of the convention center development area, as defined in said Chapter 152, not more than seven additional hotels may be constructed and developed within a BCEC Hotel Zone, so called, within the city of Boston, such BCEC Hotel Zone to include the portion of the convention center finance district located south of Summer Street and east of Fort Point Channel, provided that (i) such hotels shall include not more than a total of 2700 rooms, including not more than one additional headquarters hotel, so called, with not more than 1200 rooms; and (ii) the developer or operator of each such hotel shall enter into a contract with the Massachusetts Convention Center Authority with provisions regarding the cooperative marketing, pricing and use of such hotels to encourage the use of the Boston convention and exhibition center and incorporating community input from the neighborhoods surrounding the BCEC Hotel Zone.

Section __. In accordance with Section 38N of Chapter 190 of the Acts of 1982, as amended, capital facility projects described in the report titled “Top 5 Initiative - Phase 1 Feasibility Study and Program,” dated May 16, 2012 and filed with the clerks of the senate and house of representatives and the senate and house committees on ways and means, are hereby authorized. Said capital facility projects and the acquisition of lands for the purpose of said projects are facilities of the Authority and may be funded pursuant to Section 10(c)(iv) of Chapter 152 of the Acts of 1997, as amended.

Amendment #62

Mr. Levy of Marlborough moves that the bill be amended by striking out sections 87 and 88.

Amendment #63

Representatives Linsky of Natick, Chris Walsh of Framingham, Sannicandro of Ashland, Peisch of Wellesley, Garlick of Needham, Winslow of Norfolk, Conroy of Wayland, Dykema of Holliston, Balser of Newton, Fernandes of Milford, Hogan of Stow, Khan of Newton and Levy of Marlborough move that H. 4110 be amended in Section 20 in line 159 by striking out the figure “7” and inserting the figure “8” and be further amended in said section by inserting in line 163 after the phrase “the islands” the following:- “1 of whom shall be from the MetroWest region,”.

Amendment #64

Mr. Walsh of Boston moves to amend the bill in section XX by inserting the following at the end thereof:- “In the City of Boston, in the neighborhood of Dorchester, funds shall be expended for the reconstruction of sidewalks from the intersection of Granite Avenue and Gallivan Boulevard, along Gallivan and Morrissey Boulevards to 100 Morrissey Boulevard at the University of Massachusetts at Boston, provided, that after April 1, 2012 this item shall be used for the MassWorks infrastructure program, as established by section 63 of chapter 23A of the General Laws in the amount of $3,000,000;”

Amendment #65

Mr. Conroy of Wayland moves to amend the bill in section 39, in lines 657 to 661, by deleting the sentence beginning with the word “Written” and inserting the following new sentence in its place:- “Written notification of such hearing and a summary of the petition and the improvement plan, shall be provided by the clerk of the municipality to all owners and tenants of properties in the proposed development zone and within one-half mile of the boundaries of said zone, within or beyond the municipality in which the zone shall be located, no later than 14 days prior to such hearing, by mailing a written notice to the addresses listed in municipal property tax records and other appropriate listings of owners and residents.”,

and in said section 39, in line 684, by deleting the figure “21” and inserting in their place the figure “30”,

and further in said section 39, after section 3(c), in line 686, inserting the following new section: “(x) The applicable regional planning agency established under chapter 40B of the general laws, or regional planning agencies if the proposed development zone is located in the jurisdiction of multiple regional planning agencies, within 21 days after the public hearing described in Section 3(b) above shall conduct and publish an analysis of the proposed development zone and improvement plan to determine whether it is consistent with the duly adopted regional plan, if any, and the commonwealth’s sustainable development principles. The public facilities owner, the assessing party, the municipality, and the agency shall cooperate with the analysis and provide all reasonable information about the proposed development zone and improvement plan. The costs of the analysis shall be reimbursed to the regional planning agency, or agencies, not to exceed $6,000 per proposed development zone. The agency will seek input from the executive office of housing and economic development, the Massachusetts department of transportation, and the executive office of energy and environmental affairs as to whether the proposed development zone and improvement plan are consistent with the state’s sustainable development principles, long-range transportation plans, and any other such plans or policies of the commonwealth. The agencies shall respond in writing within 21 days after the public hearing described in Section 3(b) of this chapter.”

Amendment #66

Mr. Nangle of Lowell moves that the bill be amended by adding at the end thereof the following sections:

“SECTION XX. Section 4 of chapter 151B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following subsection:-- 20. For an employer to refuse to hire or employ or to bar or discharge from employment, or otherwise to discriminate against any individual in compensation or in the terms, conditions or privileges of employment of any individual because of the individual’s credit history or credit report, unless the information in the individual’s credit history or credit report directly relates to a bona fide occupational qualification. A bona fide occupational requirement requires at least 1 of the following: (1) state or federal law requires bonding or other security covering an individual holding the position; (2) the duties of the position include custody of or unsupervised access to cash or marketable assets valued at $2,500 or more; (3) the duties of the position include signatory power over business assets of $100 or more per transaction; (4) the position is a managerial position which involves setting the direction or control of the business; (5) the position involves access to personal or confidential information, financial information, trade secrets, or commonwealth or national security information; (6) the position meets criteria in administrative rules, if any, that the federal Department of Labor has promulgated to establish the circumstances in which a credit history is a bona fide occupational requirement; (7) the position meets criteria in regulations promulgated by the Massachusetts Commission Against Discrimination in conjunction with the executive office of labor and workforce development to establish the circumstances in which a credit history is a bona fide occupational requirement; (8) the employee's or applicant's credit history is otherwise required by or exempt under federal law or any general or special law.

SECTION XX. The Massachusetts Commission Against Discrimination in conjunction with the executive office of labor and workforce development shall promulgate regulations pursuant to clause (7) of subsection 20 of section 4 of chapter 151B of the General Laws on or before January 1, 2013.”

Amendment #67

Mr. Keenan of Salem moves to amend the bill (H4110) by the following:-

Add to the end of Section 45, Section 4G. (a) "Research leadership and the capacity to create new jobs in major growth sectors including but not limited to life sciences, IT and cybersecurity and advanced manufacturing in turn depends on a new generation of academic and industry partnerships aimed at solving national and global challenges."

Add to Section 45, line 1303 by inserting after “commonwealth” the following “through industry partnerships”

Amendment #68

Ms. Ferrante of Gloucester moves to amend House No. 4110, in section 45, in line 1292, by inserting after the word “universities” the words:- “, non-profit entities.”

Amendment #69

Mr. Brodeur of Melrose moves to amend the bill by adding the following section: SECTION XXXX. Section 13 of Chapter 258 of the Acts of 2010 is hereby amendment by striking “2012” and inserting in place thereof the following “2014”.

Amendment #70

Mr. Puppolo of Springfield moves to amend the bill by inserting the following new section:

“SECTION XX: Notwithstanding any general or special law to the contrary, there is hereby established a special commission to study the economic impact of state regulatory law upon the manufacturing industry in Massachusetts, particularly that of small to medium sized manufacturers. Said commission shall pay particular attention to regulations and activities that have been promulgated and adopted pursuant to chapter 21I of the Massachusetts General Laws.

The special commission shall analyze the following: whether new regulatory proposals sufficiently consider economic impacts upon small to medium sized manufacturers; the sufficiency of current compliance requirements pursuant to the filing of a small business impact statement; whether current and/or new regulatory efforts and proposals are consistent with the administration’s regulatory reform initiative to assist small businesses. Said analysis may be expanded to other issues the commission deems appropriate.

Said commission shall determine the following in regard to regulatory impacts upon small to medium sized manufacturers: job creation and job loss, number of manufacturing companies that have been established since enactment of chapter 21I; number of companies that have departed Massachusetts and closed operations; production volume; costs to manufacturers due to fees; tax revenue lost to state due to a company’s closure or re-location.

The commission may act in concert with the administration’s so-called “regulatory reform initiative” currently underway to analyze the economic impact upon small business.

Said commission shall determine if the regulatory and/or state agency activity in implementing chapter 21I is consistent with its enabling statute of 1989 and with any amendments thereto. The commission shall also review and analyze the representation and membership of all boards and committees that are in operation pursuant to chapter 21I. Such analysis shall include but not be limited to: qualifications, and the sufficiency thereof, of all members of said boards and committees; equity in board and committee representation of all possible stake-holders to be affected by board and committee activities and official acts; the number of members that are registered as legislative and/or executive agents with the office of the secretary of state and any possible conflicts of interest that may arise therefrom; the influence upon and participation by non-voting members of boards and committees attending said committee and board meetings that are also paid staff members of state regulatory agencies.

The commission shall be comprised of the following members, each of whom shall serve at the pleasure of the appointing authority: the house and senate chairmen of the joint committee on economic development and emerging technologies or their respective designees; the secretary of the executive office of housing and economic development or his designee; the secretary of the executive office of energy and environmental affairs or his designee, an industry trade representative on behalf of small to medium manufacturers to be appointed by the house chairman of economic development and emerging technologies; an industry engineer to be appointed by the senate chairman of economic development and emerging technologies; and a designee from a Massachusetts trade association.

The commission shall compile and submit a report with recommendations including legislative proposals to the clerk of the house of representatives and the clerk of the senate no later than December 31, 2012. The special commission shall dissolve upon completion of its duties and obligations, as indicated by submission of its findings and recommendations.”

Amendment #71

Mr. Sullivan of Fall River moves to amend the bill (House No. 4110) in Section 9, in line 83 by adding the following language: “Shall have a clawback provision, unless otherwise specifically stated”

Amendment #72

Mr. Sullivan of Fall River moves to amend the bill (House No. 4110) in Section 55, in line 1397 by adding the following language: “Provided that no less than $200,000 of the state historic tax credit shall be allocated for the Gateway Cities mill rehabilitation projects.”

Amendment #73

Mr. Conroy of Wayland moves to amend the bill by inserting the following section:

SECTION X. Section 6 of Chapter 62 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after subsection (q) the following subsection: (r) (1) As used in this subsection, the following words shall have the following meanings:- “tax credit,” a property, income, excise, or other tax credit, exemption from taxes, or reduction in tax liability. “Equity investment”, (a) a share in a private sector entity certified pursuant to section 5, whether or not transferable or denominated stock, or similar security; (b) interest of a limited partner in a limited partnership; or (c) warrant or right, other than a right to convert, to purchase, sell or subscribe to a share, security or interest of a kind specified in clauses (a) or (b); provided, however, that when making an equity investment in an enterprise pursuant to section 7, the center shall receive not less than 3 per cent of the equity in said enterprise. “Private sector entity,” a non-individual or non-household taxpayer of the Commonwealth of Massachusetts including, but not limited to, corporations, limited liability companies, limited partnerships, real estate investment trusts, special purpose vehicles, private equity firms, venture capital firms, private sector joint ventures, and similar for-profit organizations. (2) All or any tax credit in accordance with this section for any private sector entity will only be allowed if an equity investment by such private sector entity is issued to the Economic Assistance Coordinating Council established in section 3B of Chapter 23A with a value equivalent to between 1/100th and 3/100th of the value of the tax credit. Such issuances of equity investments shall occur for each year the private sector entity receives tax credits under this section. The EACC shall determine each year the amount of the equity investment to be issued.

Amendment #74

Representatives Hecht of Watertown, Hogan of Stow, Smizik of Brookline, Provost of Somerville, Farley-Bouvier of Pittsfield, Honan of Boston, Spiliotis of Peabody, Wolf of Cambridge, Fox of Boston and Pignatelli of Lenox move to amend the bill in section 41, line 1145 by inserting after the words “unemployed or underemployed adults;” the following: “programs that focus on the recruitment, training and employment of older workers ”.

Amendment # 75

Mr. Conroy of Wayland moves to amend the bill by inserting the following two sections:

SECTION X. Section 36 of Chapter 68 of the Session Laws of 2011 is hereby amended by striking out the first paragraph in subsection (d) and inserting in place thereof the following paragraph: “(d) There shall be established a life sciences tax incentive program. The center, in consultation with the department, may annually authorize incentives, including incentives carried forward, refunded or transferred, pursuant to the following: subsection (m) of section 6 of chapter 62, subsection (n) of said section 6 of said chapter 62, paragraph 17 of section 30 of chapter 63, section 31M of said chapter 63, paragraph 6 of subsection (f) of section 38 of said chapter 63, the fourth paragraph of section 38C of said chapter 63, subsection (j) of section 38M of said chapter 63, section 38U of said chapter 63, section 38V of said chapter 63, section 38W of said chapter 63, the third paragraph of section 42B of said chapter 63, and subsection (xx) of section 6 of chapter 64H, in a cumulative amount, including the current year cost of incentives allowed in previous years, that shall not exceed $25,000,000 annually. The center shall, in consultation with the department, limit any incentive or incentives to a specific dollar amount and time duration,; provided, however, that the department shall only allocate said incentives among commonwealth certified life sciences companies pursuant to subsection (b) and shall award said tax incentives pursuant to subsection (c); and provided further, that the department shall receive equity investments from each commonwealth certified life science company that benefits from the life sciences tax incentive program of this section with a value equivalent to not less than 2 per cent and not more than 4 per cent of the monetary value of the tax incentive.”;

SECTION XX. Section 9 of Chapter 23I of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the first paragraph in subsection (c) and inserting in place thereof the following paragraph: “(c) Notwithstanding any provision of this chapter to the contrary, a company need not be a certified life sciences company, as established in section 5, to be eligible for matching grants pursuant to this section. The fund shall be held and applied by the center to make (i) qualified loans or grants to stimulate increased financing for life sciences and high technology research and development, in the commonwealth by matching grants to public agencies, independent research institutions, or nonprofits, or (ii) equity investments to life sciences or high technology companies to increase and strengthen the commonwealth’s economic development, employment opportunities and commercial and industrial sectors. The fund shall provide matching equity investments to commonwealth-based life sciences or high technology companies that receive small business innovation research or small business technology transfer grants from the Small Business Administration, pursuant to 15 U.S.C. section 638, to assist companies that have developed new commercialization-ready technologies to reach production and create manufacturing jobs in the commonwealth. Said matching equity investments shall be used to create manufacturing jobs and may be used for, without limitation, the creation of, and capital improvements for, production facilities, workforce training, product marketing and purchasing infrastructure for product manufacturing. Said matching equity investments shall be distributed to eligible companies that have commercialization-ready technologies developed with assistance from the Small Business Administration in the form of $1 in matching funds for every $1 granted from the small business innovation research phase IIB grants, phase III grants and the commercialization pilot project established by 15 U.S.C. section 638. Said matching equity investments shall be awarded in consultation with the Small Business Association of New England. No such grant to any company shall exceed $500,000 annually and the center shall make no such qualified loan, or equity investment unless: (1) said loan, or equity investment has been approved by a majority vote of the board; (2) the center finds that, to the extent possible, a definite benefit to the commonwealth’s economy may reasonably be expected from said qualified loan or equity investment; provided, however, that in evaluating a request or application for funding, the center shall consider whether: (i) the loan or equity investment shall stimulate increased financing for life sciences and high technology research and development, manufacturing and commercialization; (ii) the enterprise has a reasonable chance of success; (iii) center participation is necessary; (iv) the enterprise has the reasonable potential to create a substantial amount of new employment in the commonwealth; (v) the principals of the enterprise have made or are prepared to make a substantial financial and time commitment to the enterprise; (vi) binding commitments have been made to the center by the enterprise for adequate reporting of financial data to the center, which shall include a requirement for an annual or other periodic audit of the books of the enterprise, and for such control on the part of the center as the board shall consider prudent over the management of the company to protect the investment of the center including the board’s right to access, without limitation, financial and other records of the enterprise; and (vii) a reasonable effort has been made to find a professional investor to invest in the enterprise and whether such effort was unsuccessful; and (3) said loan or equity investment conforms with rules approved by the board.”

Amendment #76

Representatives Kulik of Worthington, Gobi of Spencer, and DiNatale of Fitchburg, O’Day of West Boylston, Coakley-Rivera of Springfield, Kafka of Stoughton, Cariddi of North Adams, Conroy of Wayland, Benson of Lunenberg move to amend the bill as follows: By inserting in Section 7, in line 99 after the word “rehabilitation” the word:-- removal, By inserting in Section 7, in line 101 after the words “water treatment systems” the word:- dams, By inserting in Section 22, under the definition of “Cost” in line 373 after the word “demolition” the word:-- removal, By inserting in section 22, under the definition of “Improvements” in line 407 after the word “improving” the word:-- removing, By inserting in section 22, under the definition of “Infrastructure development project” in line 425, after the word “expansion” the word:-- Removal, By inserting in section 22, line 532, after the word “repair” the word: -- remove, By inserting after section XX the following new section:-- SECTION . Chapter 21E of the General Laws is hereby amended by adding the following section:- Section 22. Notwithstanding any general or special law to the contrary, no municipality or public entity shall be liable under this chapter for, or related to, the presence, release or threat of release of oil or any hazardous material related to a dam, as defined in section 44 of chapter 253, that occurred prior to the date a dam was acquired by a municipality or public entity; provided, however, that an activity conducted by a municipality or public entity that involves the management or removal of oil or hazardous material in relation to the management, maintenance or removal of a dam shall be performed in accordance with applicable environmental laws and permits. By inserting after section XX the following new section:-- SECTION . Chapter 40 of the General Laws is hereby amended by adding the following section:- Section 61. (a) A city or town that acquires by gift, purchase, eminent domain under chapter 79, or otherwise, a dam, as defined in section 44 of chapter 253, located within the city or town, including any real property appurtenant thereto, for the purposes of removing, repairing, reconstructing or making improvements to the dam may assess betterments to pay the costs of or relating to acquiring, owning, removing, maintaining or improving any such dam. Such betterments may be assessed upon properties benefiting from the acquisition, ownership, removal, repair, maintenance or improvement of a dam and in such amounts as the authorized board or official shall determine. A betterment so assessed shall be subject to chapter 80. Any betterment assessed pursuant to this section may be apportioned for a maximum term of 40 years. By inserting after section XX the following new section:-- SECTION . The first paragraph of section 8 of chapter 44 of the General Laws, as most recently amended by section 33 of chapter 188 of the acts of 2010, is hereby further amended by adding the following clause:- (25) For the acquisition of a dam or the removal, repair, reconstruction and improvements to a dam owned by a municipality, as may be necessary to maintain, repair or improve such dam, 40 years; provided, however, that this clause shall include dams, as defined in section 44 of chapter 253, acquired by gift, purchase, eminent domain under chapter 79, or otherwise, and located within a municipality, including any real property appurtenant thereto, if such dam and any appurtenant real property is not at the time of such acquisition owned or held in trust by the commonwealth.

Amendment #77

Representative O’Connell of Taunton moves to amend House Bill 4110 by inserting, after section 56 (as printed), the following:— “SECTION XX. Chapter 62 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting in line 1447, after the words “nonprofit organization” the following words:- ‘including a business improvement district organized as a 501(c)3’.”

Amendment #78

Mr. Costello of Newburyport moves to amend H. 4110 by adding the following new section:

“SECTION XX. Section 18H of Chapter 6A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding after subsection (a), the following subsections:-

1. There shall be imposed a prepaid wireless E911 surcharge. The prepaid wireless E911 surcharge shall be 75 cents per retail transaction or, on and after the effective date of an adjusted amount per retail transaction that is established under paragraph 6 of this subsection, such adjusted amount; provided, however, that a seller that completes two hundred or fewer retail transactions in prior calendar quarter shall not be responsible for collecting and remitting the fee imposed by this section and provided further that once a seller exceeds two hundred retail transactions in a calendar quarter, such seller shall be responsible for collecting and remitting the fee imposed by this section in the following calendar quarter and all subsequent periods, and provided further that any seller that collects the fee imposed by this section from a consumer must remit that fee to the department as provided in subsection 7 of this section, regardless of whether the seller completes more than two hundred transactions in a calendar quarter.
2. The prepaid wireless E911 surcharge shall be collected by the seller from the consumer with respect to each retail transaction occurring in this state. The amount of the prepaid wireless E911 surcharge shall be either separately stated on an invoice, receipt, or similar document that is provided to the consumer by the seller, or otherwise disclosed to the consumer and provided further that a seller shall be permitted to deduct and retain three percent 3% of prepaid wireless E911 surcharges that are collected by the seller from the consumer.
3. For the purposes of paragraph 2 of this subsection, a retail transaction that is effected in person by a consumer at a business location of the seller shall be treated as occurring in this state if the retail transaction is treated as occurring in this state under Section 1 of Chapter 64H of Title IX of the General Laws.
4. The prepaid wireless E911 charge is the liability of the consumer and not of the seller or of any prepaid wireless telecommunications service provider, except that the seller shall be liable to remit all prepaid wireless E911 surcharges that the seller collects from consumers as provided in this subsection, including all such charges that the seller is deemed to collect where the amount of the charge has not been separately stated on an invoice, receipt, or other similar document provided by the consumer to the seller.
5. The amount of the prepaid wireless E 911 charge that is collected by a seller from a consumer, if such amount is separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller, shall not be included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by this state, any political subdivision of this state, or any intergovernmental entity.“

Amendment #79

Mr. Swan of Springfield moves to amend the bill in section 41 by adding at the end the following: "provided further that not less than ten percent of the funding for the so called ‘Middle Skills Gap’ shall be granted through a request for proposal process in order to ensure innovative approaches to high intensity training methodologies of periods of less than six months duration.”

Amendment #80

Mr. Swan of Springfield moves to amend the bill in section 86, by adding at the end thereof the following, "Provide further that not less than $5 million shall be expended by the small business development center located in the Springfield Technical Community College Foundations Technological Park in Springfield.”

Amendment #81

Representative Provost moves to amend the bill (House, No. 4110) by inserting at the end thereof the following new section:- Section XX. Chapter 111 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 51H the following section:– Section 51I. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:- “Adverse event”, injury to a patient resulting from a medical intervention, and not to the underlying condition of the patient. “Checklist of care”, pre-determined steps to be followed by a team of healthcare providers before, during and after a given procedure to decrease the possibility of adverse effects and other patient harm by articulating standards of care. “Facility,” a hospital; institution maintaining an Intensive Care Unit; institution providing surgical services, or clinic providing ambulatory surgery. (b) The department shall encourage the development and implementation of checklists of care that prevent adverse events and reduce healthcare-associated infection rates. The department shall develop model checklists of care, which may be implemented by facilities; provided however, that facilities may develop and implement checklists independently. (c) Facilities shall report data and information relative to their use or non-use of checklists to the department and the Betsy Lehman center for patient safety and medical error reduction. The department may consider facilities that use similar programs to be in compliance. Reports shall be made in the manner and form established by the department. The department shall publicly report on individual hospitals’ compliance rates.”

Amendment #82

Representatives Provost of Somerville, Spiliotis of Peabody, Walz of Boston, Orrall of Lakeville, Levy of Marlborough, Khan of Newton, and Murphy of Burlington move to amend the bill, H.4110, by deleting section 39 in its entirety.

Amendment #83

Ms. Walz of Boston moves to amend the bill (H. 4110) by adding the following section:-
Section XX. Chapter 149 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out section 52C and inserting in place thereof the following section:- Section 52C. Personnel records; review by employee; corrections; penalty Section 52C. As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-- “Central personnel file”, a file maintained in the ordinary course of business by the employer’s human resources or personnel department or the employer’s designee, or other central repository for such files. For each employee, an employer may have a central file for written documents and a separate central file for electronic records; provided that for purposes of this section they shall be treated as one central personnel file. A central personnel file shall include a file in the possession of a person, corporation, partnership or other association that has a contractual agreement with the employer to keep or supply a file as provided in this section. "Employee'', a person currently employed or formerly employed by an employer; provided, however, that for purposes of this section, persons who are employed, or were formerly employed, by a private institution of higher education in positions which may lead to tenure, are tenured, or which involve responsibilities similar to those in tenure-track positions, shall not be considered employees. "Employer'', an individual, corporation, partnership, labor organization, unincorporated association or any other legal business, public or private, or commercial entity including agents of the employer. "Personnel record'', a written document or electronic record kept by an employer that (i) identifies an employee, (ii) is used or has been used, or may affect or be used relative to that employee's qualifications for employment, promotion, transfer, additional compensation or disciplinary action, and (iii) is maintained in a central personnel file. A personnel record shall not include information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of such other person's privacy. Without limiting the applicability or generality of the foregoing, all of the following written documents or electronic records to the extent prepared by an employer of 20 or more employees regarding an employee shall be included in the central personnel file for that employee: the name, address, date of birth, job title and description; rate of pay and any other compensation paid to the employee; starting date of employment; the job application of the employee; resumes or other forms of employment inquiry submitted to the employer in response to his advertisement by the employee; all employee performance evaluations, including but not limited to, employee evaluation documents; written warnings of substandard performance; lists of probationary periods; waivers signed by the employee; copies of dated termination notices; any other written documents or electric records relating to disciplinary action regarding the employee. An employer shall notify a current employee within 45 days of the employer placing in such employee's central personnel file any written document or electronic record that has been used or may be used, to negatively affect the employee's qualification for employment, promotion, transfer, additional compensation or the possibility that the employee will be subject to disciplinary action. An employer receiving a written request from an employee shall provide the employee with an opportunity to review such employee's central personnel file within 5 business days of such request. The review shall take place at the place of employment and during normal business hours. An employee shall be given a copy of the employee's central personnel file within 5 business days of submission of a written request for such copy to the employer. An employer shall not be required to allow an employee to review the employee's central personnel file on more than 2 separate occasions in a calendar year; provided, however, that the notification and review caused by the placing of negative information in the file shall not be deemed to be 1 of the 2 annually permitted reviews. If there is a disagreement with any information contained in a central personnel file, removal or correction of such information may be mutually agreed upon by the employer and the employee. If an agreement is not reached, the employee may submit a written statement explaining the employee's position which shall thereupon be contained therein and shall become a part of such employee's central personnel file. The statement shall be included when said information is transmitted to a third party as long as the original information is retained as part of the file. If an employer places in a central personnel file any information which such employer knew or should have known to be false, then the employee shall have remedy through the collective bargaining agreement, other personnel procedures or judicial process to have such information expunged. The provisions of this section shall not prohibit the removal of information contained in a central personnel file upon mutual agreement of the employer and employee for any reason. An employer of 20 or more employees shall retain the complete central personnel file of an employee as required to be kept under this section without deletions or expungement of information from the date of employment of such employee to a date 3 years after the termination of employment by the employee with such employer. In any cause of action brought by an employee against such employer of 20 or more employees in any administrative or judicial proceeding, including but not limited to, the Massachusetts Office of Affirmative Action, the Massachusetts Commission Against Discrimination, Massachusetts Civil Service Commission, Massachusetts Labor Relations Commission, attorney general, or a court of appropriate jurisdiction, such employer shall retain any central personnel file required to be kept under this section which is relevant to such action until the final disposition thereof. If an employer of 20 or more employees elects to have a written personnel policy regarding the terms and conditions of employment, such personnel policy, as the same may be amended from time to time, shall be continuously maintained at the office of such employer where personnel matters are administered. Whoever violates the provisions of this section shall be punished by a fine of not less than $500 nor more than $2,500 dollars. This section shall be enforced by the attorney general.

Amendment #84

Representatives Walz of Boston and Ehrlich of Marblehead move to amend the bill (H. 4110) by adding the following section:- Section XX. Chapter 149 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out section 148B and inserting in place thereof the following section:-
Section 148B. (a) For the purpose of this chapter and chapter 151, an individual performing any service, except as authorized under this chapter, shall be considered to be an employee under those chapters unless:— (1) the individual is free from control and direction in connection with the performance of the service, both under his contract for the performance of the service and in fact; and (2) the service is performed outside the usual course of the business of the employer or the service is performed within the usual course of business of the employer and is distinguishable from similar services performed by employees; and (3) the individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed; and (4) the individual is free to perform services for persons other than the employer, both under his contract for the performance of the service and in fact; and (5) the individual uses a federal tax identification number other than his social security number when compensated for the performance of the service. If the service is performed within the usual course of business of the employer, the individual and employer must specify in writing, signed under the pains the penalties of perjury, how the service is distinguishable from similar services performed by employees, including but not limited to the skills required to perform the service that employees do not have and the skill the individual has to perform the service. Said written agreement shall also be of a defined duration for the performance of a defined service and shall address any creation of and rights to intellectual property. The employer may not waive its liability for injuries the individual may incur in the course of performing the service. This subsection shall not apply to an individual who has been coerced, threatened or intimidated into establishing an independent contractor relationship. (b) The failure to withhold federal or state income taxes or to pay unemployment compensation contributions or workers’ compensation premiums with respect to an individual’s wages shall not be considered in making a determination under this section. (c) An individual’s exercise of the option to secure workers’ compensation insurance with a carrier as a sole proprietor or partnership pursuant to subsection (4) of section 1 of chapter 152 shall not be considered in making a determination under this section. (d) Notwithstanding the provisions of this section, an individual who is a party to a franchise agreement under which a person or entity licenses or authorizes the individual to sell products or services in accordance with prescribed methods and procedures and under service marks, trademarks, trade names and other intellectual property licensed under such agreement shall not be considered an employee of the person or entity that grants the license or authorization. For purpose of this section, franchise shall have the meaning given to it by the Federal Trade Commission. (e) Notwithstanding the provisions of this section, a person with a license issued by the commonwealth who performs services as part of a program funded by the commonwealth and who is customarily engaged in an independently established trade, occupation, profession or business shall not be considered an employee of the commonwealth or any entity which has a contract with the commonwealth to administer or provide support services for the program. (f) Notwithstanding the provisions of this section, an individual who provides foster care services for children or adults in his own residence and who is licensed or authorized by an agency of the commonwealth or a private placement agency on behalf of the commonwealth, including the department of children and families and the department of developmental services, shall not be considered an employee of the commonwealth or any such placement agency. (g) Whoever fails to properly classify an individual as an employee according to this section and in so doing fails to comply, in any respect, with chapter 149, or section 1, 1A, 1B, 2B, 15 or 19 of chapter 151, or chapter 62B, shall be punished and shall be subject to all of the criminal and civil remedies, including debarment, as provided in section 27C of this chapter. Whoever fails to properly classify an individual as an employee according to this section and in so doing violates chapter 152 shall be punished as provided in section 14 of said chapter 152 and shall be subject to all of the civil remedies, including debarment, provided in section 27C of this chapter. Any entity and the president and treasurer of a corporation and any officer or agent having the management of the corporation or entity shall be liable for violations of this section. (h) Nothing in this section shall limit the availability of other remedies at law or in equity.

Amendment #85

Mr. Cusack of Braintree moves to amend Chapter 59, Section 5I of the Massachusetts General Laws by striking out, “there shall be an exemption equal to not more than ten percent of the value of the parcel” and inserting in place thereof, “there shall be an exemption equal to not more than twenty percent of the value of the parcel;”

Amendment #86

Mr. Winslow of Norfolk moves to amend House Bill 4110 by inserting at the end thereof the following sections:-

SECTION XX. The first sentence of section 1 of chapter 23K of the General Laws, as appearing in section 16 of chapter 194 of the acts of 2011, is hereby amended by inserting after the words “gaming establishments” the following words:- and internet card rooms.
SECTION XX. Said chapter 23K is hereby further amended by inserting after section 1 the following section:- Section 1A. The General Court finds and declares that: (1) since the advent of the internet and despite the enactment of the federal law entitled Unlawful Internet Gambling Enforcement Act of 2006 (“UIGEA”), 31 U.S.C. §§ 5361-5367 (2006), hundreds of thousands of Massachusetts consumers have been playing internet poker through websites controlled by illegal off-shore businesses; (2) to the detriment of the commonwealth and its residents, these illegal off-shore businesses take tens of millions of dollars from residents on an annual basis, without paying any Massachusetts or federal taxes and without being subject to any oversight that would otherwise protect consumers from the dangers of underage gambling, compulsive gambling, cheating and swindling and unfair or deceptive acts or practices; (3) without regulatory oversight of internet poker, these illegal off-shore businesses will continue to harm the commonwealth and its residents, and public confidence in the integrity of legal gaming in the commonwealth will be critically undermined; (4) a rigorous regulatory and licensing scheme for internet poker will bolster the purposes of chapter 23K by providing millions of dollars in additional annual revenue and aid to local communities, creating over a thousand high-paying jobs in the technology sector, providing essential consumer protections to vulnerable individuals, promoting local business, enhancing the performance of the state lottery and aiding law enforcement; (5) pursuant to 31 U.S.C. § 5362(10)(B) (2006), this Act establishing limited internet gaming in the commonwealth constitutes a lawful exemption to the UIGEA, whereby the commission may authorize gaming licensees to conduct lawful internet gambling within the borders of the commonwealth; (6) pursuant to a formal opinion rendered by United States Department of Justice, Office of Legal Counsel, on December 23, 2011, the conduct authorized by this Act establishing limited internet gaming in the commonwealth is not proscribed by the Wire Act, 18 U.S.C. § 1084 (2006), because it does not relate to a “sporting event or contest;” and (7) the conduct authorized by the provisions of this Act establishing limited internet gaming in the commonwealth is not proscribed by any federal statute, including the following: the Interstate Horseracing Act of 1978, 15 U.S.C. 3001 et seq.; the Professional and Amateur Sports Protection Act, 28 U.S.C. 3701 et seq.; the Gambling Devices Transportation Act, 15 U.S.C. 1171 et seq.; and the Indian Gaming Regulatory Act, 25 U.S.C. 2701 et seq.
SECTION XX. Section 2 of said chapter 23K, as so appearing, is hereby amended by inserting the following seventeen paragraphs:- “Category 3 license”, a license issued by the commission that permits the licensee to operate an internet card room subject to the regulatory oversight of the commission under this chapter. “Domain name”, a name consisting of a sequence of letters, numbers and hyphens used to identify a website and locate the server hosting that website. “Internet”, the international system of interoperable packet switched data networks, including any additional electronic data distribution methods or channels approved by the commission. “Internet card room”, the collective proprietary and non-proprietary technology, including hardware, software, related websites and gaming devices, controlled and used by a category 3 licensee for the purposes of offering internet poker games to registered players and facilitating internet gaming thereon. “Internet gaming”, the placing, receiving or transmitting of a wager on an internet poker game where the wager is initiated and received or otherwise made within the borders of the commonwealth or, in the case of another state, within the borders of that state. “Internet gaming account” or “account”, a formal electronic ledger managed by an internet gaming operator for the purpose of recording a registered player’s deposits, withdrawals, amounts wagered, winnings and other financial activity related to the operator’s cashless wagering system and the player’s use of the operator’s internet card room for internet gaming. “Internet gaming account agreement”, a contractual agreement between a registered player and an internet gaming operator which governs the terms and conditions of the player’s internet gaming account and the player’s use of the operator’s internet card room for internet gaming. “Internet gaming operator” or “operator”, a category 3 licensee or category 3 license applicant that is engaged or seeks to engage in the business of operating an internet card room. “Internet gaming operator premises”, a facility approved by the commission from which a category 3 licensee may conduct business related to operating an internet card room under this chapter. “Internet poker game”, any of the percentage card games historically known as poker played by two or more individuals for money or credit, including, but not limited to, Texas hold’em, Omaha, stud poker and draw poker, which the commission has authorized a category 3 licensee to offer, at least in part through the internet, to registered players. “Internet protocol address”, a numerical identifier attached to each computer that communicates with other computers through internet. “Internet service provider”, a person that provides other persons with access to the internet. “Proprietary technology”, any information that is protectable as intellectual property under state law, federal law or foreign law, including any information that can be patented or registered under any applicable patent, copyright, trademark or trade secret laws. “Registered player” or “player”, an individual who has registered with an internet gaming operator to engage in internet gaming through the operator’s internet card room. “Website”, one or more related web pages. “Web page”, an internet accessible document that may contain text, video, audio and images and is hosted on at least one web server. “Web server”, the hardware and related software that is used to deliver content, store data and run applications through the internet.
SECTION XX. Said section 2 of said chapter 23K, as so appearing, is hereby further amended by inserting after the words “gaming licensee”, in line 179, the following words:- , excluding a category 3 licensee,.
SECTION XX. Said section 2 of said chapter 23K, as so appearing, is hereby further amended by inserting after the words “gaming establishment”, in line 208, the following words:- and on an internet card room.
SECTION XX. Said section 2 of said chapter 23K, as so appearing, is hereby further amended by inserting after the words “gaming establishment”, in line 240, the following words:- and an internet gaming operator.
SECTION XX. Said section 2 of said chapter 23K, as so appearing, is hereby further amended by inserting after the words “gaming establishment”, in line 241, and in line 243, each time it appears, the following words:- or an internet card room.
SECTION XX. Said section 2 of said chapter 23K, as so appearing, is hereby further amended by inserting after the words “gaming establishment”, in line 249, the following words:- or an internet card room.
SECTION XX. Said section 2 of said chapter 23K, as so appearing, is hereby further amended by inserting after the words “gaming establishment”, in line 253, the following words:- or an internet gaming operator.
SECTION XX. Said section 2 of said chapter 23K, as so appearing, is hereby further amended by inserting after the words “gaming establishment”, in line 316, the following words:- or an internet gaming operator.
SECTION XX. Said section 2 of said chapter 23K, as so appearing, is hereby further amended by inserting after the words “gaming establishment”, in line 317, the following words:- or internet card room. SECTION XX. Section 4 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming operation”, in line 586, the following words:- or an internet gaming operator.
SECTION XX. Said section 4 of said chapter 23K, as so appearing, is hereby further amended by inserting after the words “gaming establishment”, in line 621, the following words:- and internet gaming operator premises.
SECTION XX. Said section 4 of said chapter 23K, as so appearing, is hereby further amended by inserting after the words “gaming establishment”, in line 627, the following words:- or internet gaming operator premises.
SECTION XX. Said section 4 of said chapter 23K, as so appearing, is hereby further amended by striking out, in line 659, the words “internet gaming” and inserting in place thereof the following words:- interstate internet gambling.
SECTION XX. Said section 4 of said chapter 23K, as so appearing, is hereby further amended by inserting after the word “commonwealth”, in line 670, the following words:- and with any state that has expressly authorized lawful internet gaming.
SECTION XX. Clause (11) of subsection (a) of section 5 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in line 702, the following words:- or for an internet gaming operator.
SECTION XX. Clause (14) of said subsection (a) of said section 5 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment” in line 710, the following words:- and an internet card room.
SECTION XX. Clause (17) of said subsection (a) of said section 5 of said chapter 23K, as so appearing, is hereby amended by striking out, in line 716, the word “and”.
SECTION XX. Clause (18) of said subsection (a) of said section 5 of said chapter 23K, as so appearing, is hereby amended by striking out, in lines 717 and 718, the words “gaming establishment.” and inserting in place thereof the following words:- gaming establishment and in an internet card room; and.
SECTION XX. Said chapter 23K, as so appearing, is hereby amended by inserting after section 5 the following section:- Section 5A. (a) In addition to the regulations required by section 5, with regard to category 3 licenses, the commission shall promulgate regulations for the implementation, administration and enforcement of this chapter including, without limitation, regulations that: (1) prescribe age and location verification requirements reasonably designed to block access to persons under the age of 21, persons located outside of the commonwealth and persons whose names appear on a list of excluded persons or are otherwise prohibited from gambling at a gaming establishment or on an internet card room under this chapter; (2) prescribe appropriate data security and geolocation requirements to prevent unauthorized access to an internet card room by any person whose age and current physical location has not been verified in accordance with this chapter, including requirements that internet gaming operators use innovative data encryption software and geolocation software that identifies a player’s internet protocol address and precisely determines the country, state and city where a player is located at all times relevant to determining whether an individual may access areas of an internet card room that are restricted to registered players; (3) prescribe requirements that an applicant or the proposed affiliate internet gaming operator of the applicant shall have a principal place of business and be domiciled in the commonwealth and in good standing with the secretary of state and state treasurer; (4) prescribe requirements that all gaming vendors transacting business with internet gaming operators shall have a principal place of business and be domiciled in the commonwealth and in good standing with the secretary of state and state treasurer; (5) prescribe the information to be furnished by an applicant to determine whether an applicant and any affiliate of the applicant and predecessor in interest of an applicant has accepted a wager related to any form of internet gambling from a person in the United States after October 13, 2006, the date when the UIGEA was enacted; (6) prescribe the information to be furnished by an applicant to determine whether an applicant and any affiliate and institutional investor of an applicant has ever contemptuously defied or refused to submit to or comply with the jurisdictional, investigative or enforcement authority of any judicial, executive or legislative body of any state or of the United States when such body was adjudicating, investigating or prosecuting alleged illegal conduct relating to gambling or internet gambling; (7) prescribe player registration requirements, including procedures reasonably designed to ensure that an internet gaming operator accurately verifies a player’s identity, date of birth, place of residency, social security number if the player is a United States resident, eligibility to engage in internet gaming and absence from the list of excluded persons, and that a player has read and assented to an operator’s internet gaming account agreement and consents to the jurisdiction of the commonwealth to resolve all disputes arising out of internet gaming; (8) prescribe requirements related to a registered player’s internet gaming account, including requirements for recording the date and time of all account activity and ensuring that all adjustments made by an operator to a player’s account are consistent with the player’s internet gaming activity, as well as requirements that a registered player has only one account, individuals are unable to create accounts under fictitious names, a player is physically located in the commonwealth while logged into his or her account, an operator only accepts account deposits in the form of debits from a debit or credit card, personal checks, cashier’s checks, wire transfers, money orders or other forms of payment approved by the commission, a player is prevented from transferring funds into the account of any other player, operators accurately credit a player’s winnings to the player’s account and are prevented from extending credit or otherwise transferring funds into player accounts where those funds are derived from any person besides the operator; (9) prescribe requirements delineating the types of permissible charges by internet gaming operators to registered players engaging in internet poker games, including the amounts of per-hand charges, the amounts of tournament charges and precise charge information that shall be conspicuously posted and continuously updated on each player’s computer screen throughout each authorized game and tournament; (10) prescribe standards reasonably designed to protect the privacy and security of registered players who engage in internet gaming, including requirements that credit card, password and all other data transmitted between a player and an internet gaming operator is encrypted using technology tested and approved by the commission and that access to internet gaming account information by gaming employees and gaming service employees is strictly controlled and recorded; (11) prescribe technical standards to guide the commission’s approval of proposed software, hardware and other gaming devices that internet gaming operators may use to conduct internet gaming, including mechanical, electrical, security and reliability standards, and requirements to ensure that no software, hardware or other gaming devices shall be used to conduct internet gaming prior to being tested and approved by the commission or tested and certified by an independent testing laboratory authorized by the commission; (12) prescribe requirements reasonably designed to ensure that the internet poker games offered by an internet gaming operator are legal, fair and played exclusively by live individuals, that wagering and internet poker game rules are conspicuously made available to all registered players and that the software that powers the internet poker games uses a sophisticated random number generator, which shall be tested and approved by the commission to ensure that each electronic hand of cards is unpredictable and entirely random; (13) prescribe standards reasonably designed to ensure that an internet gaming operator maintains a system of internal controls to protect the security and integrity of all financial transactions, wagers and internet poker games occurring on the applicant’s proposed internet card room, including requirements that an internet gaming operator make all data related to its software, credit card transactions, distribution of funds, transactions with gaming vendors, registered player wagering histories and internal controls related to player fraud and cheating and swindling available to an independent auditor approved by the commission; (14) prescribe requirements reasonably designed to enable an internet gaming operator to detect and prevent transactions that may be associated with money laundering, fraud and other criminal activities in violation of Massachusetts and federal law; (15) prescribe administrative, accounting and auditing procedures reasonably designed to determine an internet gaming operator’s license fee and gross gaming revenue payment liability and maintain the commission’s control over the operator’s internal financial affairs; (16) prescribe standards reasonably designed to ensure that an all gaming devices, facilities and internet gaming operator premises related to an internet card room are located, arranged and maintained in a manner promoting appropriate security related to internet gaming, including requirements that an operator maintain a closed circuit visual monitoring system and institute protocols for restricting access in accordance with directives issued by the commission; (17) prescribe enforcement powers by which the commission may commence an in rem deactivation of the domain names associated with an internet gaming operator’s internet card room where the commission determines that the operator has engaged in unlawful internet gambling or has otherwise offered or conducted internet poker games in violation of this chapter; (18) prescribe rules that shall effectively immunize internet service providers from criminal and civil liability for hosting an internet card room operating in violation of this chapter or federal law or a website otherwise engaging in unlawful internet gambling, unless the internet service provider has actual knowledge that the internet card room or website in question is currently violating this chapter, federal law or is otherwise engaging in unlawful internet gambling; (19) prescribe requirements appropriately limiting the types of agreements that internet gaming operators may enter into with third parties for marketing or advertising purposes, including requirements prohibiting internet gaming operators from displaying the trademark, service mark, business or brand name, business information or any information directly or indirectly acquired or derived from or supplied by or any person that has accepted a wager related to any form of internet gambling from persons in the United States after October 13, 2006. (20) prescribe factors to be considered by the commission in determining whether an applicant has demonstrated sufficient history of internet gaming competence, experience, technological expertise, technological quality, financial integrity and regulatory compliance to justify the award of a category 3 license;
SECTION XX. Subsection (f) of section 6 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in lines 752 and 753, the following words:- and an internet card room.
SECTION XX. Said subsection (f) of said section 6 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in line 761, the following words:- and an internet card room and an internet gaming operator.
SECTION XX. Subsection (a) of section 8 of said chapter 23K, as so appearing, is hereby amended by inserting after the word and figure “category 2”, in line 761, the following words:- and category 3.
SECTION XX. Clause (6) of subsection (a) of section 9 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in line 814, the following words:- or internet card room.
SECTION XX. Clause (7) of said subsection (a) of said section 9 of said chapter 23K, as so appearing, is hereby amended by inserting after the word “facilities”, in line 816, the following words:- or internet card room and internet gaming operator premises.
SECTION XX. Clause (8) of said subsection (a) of said section 9 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in line 818, the following words:- or an internet card room.
SECTION XX. Clause (12) of said subsection (a) of said section 9 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in line 836, the following words:- or by the internet gaming operator.
SECTION XX. Clause (13) of said subsection (a) of said section 9 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment’s”, in line 839, the following words:- or internet card room’s.
SECTION XX. Said clause (13) of said subsection (a) of said section 9 of said chapter 23K, as so appearing, is hereby further amended by inserting after the words “gaming establishment”, in line 846, the following words:- or internet card room.
SECTION XX. Clause (16) of said subsection (a) of said section 9 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in line 856, the following words:- and, with regard to the proposed internet card room, the type and number of internet poker games to be conducted.
SECTION XX. Said chapter 23K, as so appearing, is hereby amended by inserting after section 11 the following section:- Section 11A. (a) The commission shall not set a minimum capital investment for a category 3 license; provided, however, that a category 3 licensee’s internet gaming operator premises and gaming equipment, including but not limited to, computers, servers, monitoring rooms, hubs and storage systems, shall be located in the commonwealth, unless the commission permits otherwise. (b) The commission shall determine the minimum licensing fee for a category 3 licensee, which shall not be less than $10,000,000 to be paid within 30 days after the award of the license; provided, however, that this licensing fee shall be credited against the category 3 licensee’s daily gross gaming revenue payment liability for the first two years of operation. Once the license fee credit is exhausted, the commission shall direct the category 3 licensee to commence monthly gross gaming revenue payments to the commonwealth in accordance with this chapter. (c) A category 3 licensee who fails to begin internet gaming operations within 30 days after the award of the category 3 license shall be subject to suspension or revocation of the gaming license by the commission and shall, after being found by the commission after a hearing to have acted in bad faith in delaying commencement of internet gaming operations, be assessed a fine of no less than $25,000,000.
SECTION XX. Subsection (a) of section 14 of said chapter 23K, as so appearing, is hereby amended by inserting after the word “establishment”, in line 986, the following words:- or an internet card room.
SECTION XX. Subsection (e) of said section 14 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in lines 1019 and 1020, the following words:- or internet card room.
SECTION XX. Section 15 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in lines 1045, 1046 and 1064, the following words:- or internet card room.
SECTION XX. Said section 15 of said chapter 23K, as so appearing, is hereby amended further by inserting after the word “that”, in line 1088, the following words:- , except in the case of a category 3 license applicant,
SECTION XX. Said section 15 of said chapter 23K, as so appearing, is hereby amended further by inserting after the word “license”, in line 1095, the following words:- , unless the applicant is applying for a category 3 license.
SECTION XX. Section 16 of said chapter 23K, as so appearing, is hereby amended by inserting after subsection (b) the following subsection:- (c) The commission shall deny with prejudice an application for a category 3 license under this chapter, if the applicant, an affiliate of the applicant, an institutional investor of the applicant, a person directly or indirectly holding a financial interest in the applicant or any affiliate of the applicant, a predecessor in interest of the applicant, a key gaming employee of the applicant, a third party who has previously contracted with the applicant for advertising or marketing purposes or any person who has purchased any assets related to an internet gambling operator: (i) has accepted a wager related to any form of internet gambling from a person in the United States after October 13, 2006; or (ii) has ever contemptuously defied or refused to submit to or comply with the jurisdictional, investigative or enforcement authority of any judicial, executive or legislative body of any state or of the United States when such body was adjudicating, investigating or prosecuting alleged illegal conduct relating to any form of gambling or internet gambling.
SECTION XX. Section 18 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “following objectives”, in line 1232, the following words:- , insofar as they are relevant to the applicant’s license category.
SECTION XX. Said section 18 of said chapter 23K, as so appearing, is hereby amended further by inserting after the words “gaming establishment”, in line 1281, the following words:- or internet gaming operator premises.
SECTION XX. Said section 18 of said chapter 23K, as so appearing, is hereby amended further by inserting after the words “slot machines”, in line 1286, the following words:- and gaming devices, including hardware and software,.
SECTION XX. Said section 18 of said chapter 23K, as so appearing, is hereby amended further by inserting after the words “gaming establishment”, in line 1287, the following words:- or internet gaming operator premises.
SECTION XX. Subsection (b) of section 19 of said chapter 23K, as so appearing, is hereby amended by inserting after the word “that”, in line 1331, the following words:- , except for a category 3 license,.
SECTION XX. Said chapter 23K, as so appearing, is hereby amended by inserting after section 20 the following section:- Section 20A. (a) The commission may issue not more than 3 category 3 licenses; provided, however, that a category 3 license shall only be issued to an applicant who is qualified under the criteria set forth in this chapter as determined by the commission. If the commission is not convinced that there are applicants that have both met the eligibility criteria and provided convincing evidence that the applicant will provide value to the commonwealth, no category 3 licenses shall be awarded. (b) A category 3 license issued pursuant to this chapter shall not be transferrable or assignable without the approval of the commission; provided, however, that for 3 years after the initial issuance of a category 3 license, the commission shall only approve such a transfer if: (i) the licensee experiences a change in ownership; or (ii) the licensee fails to maintain suitability or other circumstances which the commission may consider, which, in the opinion of a majority of the members of the commission, impacts a licensee’s ability to successfully operate an internet gaming card room. (c) A category 3 license issued pursuant to this chapter shall be valid for an initial period of 10 years. The commission shall establish procedures for the renewal of a category 3 license, including renewal fee, and submit to the clerks of the senate and house of representatives any legislative recommendations that may be necessary to implement those procedures, not less than 180 days before the expiration of the first category 3 license granted pursuant to this chapter.
SECTION XX. Subsection (a) of section 21 of said chapter 23K, as so appearing, is hereby amended by inserting after the word “made”, in line 1405, the following words:- , except in the case of a category 3 licensee,.
SECTION XX. Said subsection (a) of said section 21 of said chapter 23K, as so appearing, is hereby amended further by inserting after the words “gaming establishment”, in line 1413, the following words:- or internet card room or internet gaming operator premises.
SECTION XX. Said subsection (a) of said section 21 of said chapter 23K, as so appearing, is hereby amended further by inserting after the words “gaming establishment”, in lines 1435, 1436 and 1441, the following words:- or internet gaming operator premises.
SECTION XX. Said subsection (a) of said section 21 of said chapter 23K, as so appearing, is hereby amended further by inserting after the words “gaming area”, in line 1450, the following words:- or on all web pages of an internet card room.
SECTION XX. Said subsection (a) of said section 21 of said chapter 23K, as so appearing, is hereby amended further by inserting after the words “gaming establishment”, in line 1469, the following words:- or internet gaming operator.
SECTION XX. Subsection (d) of said section 21 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming licensee”, in line 1516, the following words:- , except for a category 3 licensee,.
SECTION XX. Subsection (a) of section 23 of said chapter 23K, as so appearing, is hereby amended by inserting after the word and figure “category 2”, in line 1534, the following words and figure:- and category 3.
SECTION XX. Subsection (c) of said section 23 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “establishment”, in line 1553, the following words:- or an internet card room.
SECTION XX. Said subsection (c) of said section 23 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in line 1565, the following words:- and an internet card room.
SECTION XX. Subsection (a) of section 25 of said chapter 23K, as so appearing, is hereby amended by inserting after the word “gaming”, in line 1586, the following words:- or internet gaming.
SECTION XX. Said subsection (a) of said section 25 of said chapter 23K, as so appearing, is hereby amended further by inserting after the words “gaming establishment”, in lines 1592 and 1593, the following words:- or internet operator premises.
SECTION XX. Subsection (b) of said section 25 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in lines 1597 and 1598, the following words:- or internet card room.
SECTION XX. Subsection (e) of said section 25 of said chapter 23K, as so appearing, is hereby amended by inserting after the word “dealer”, in line 1637, the following words:- at a gaming establishment. SECTION XX. Subsection (h) of said section 25 of said chapter 23K, as so appearing, is hereby amended by inserting after the word “wager”, in line 1644, the following words:- in an internet card room.
SECTION XX. Said subsection (h) of said section 25 of said chapter 23K, as so appearing, is hereby amended further by inserting after the word “gaming”, in line 1648, the following words:- or internet gaming.
SECTION XX. Subsection (i) of said section 25 of said chapter 23K, as so appearing, is hereby amended by inserting after the word and figure “category 2”, in line 1651, the following words:- or category 3.
SECTION XX. Said subsection (i) of said section 25 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in line 1653, the following words:- or internet gaming operator premises.
SECTION XX. Subsection (a) of section 27 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “auditing purposes.”, in line 1707, the following words:- A category 3 licensee shall not issue credit to a registered player.
SECTION XX. Section 29 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in lines 1774, 1775, 1779, 1781 and 1786, the following words:- or internet gaming operator.
SECTION XX. Subsection (c) of section 30 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in lines 1805 and 1807, the following words:- or internet gaming operator premises.
SECTION XX. Subsection (e) of said section 30 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in line 1819, the following words:- or internet card room.
SECTION XX. Subsection (f) of said section 30 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in line 1825, the following words:- or internet gaming operator.
SECTION XX. Subsection (a) of section 34 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in line 1981, the following words:- or internet card room.
SECTION XX. Subsection (d) of said section 34 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment.”, in line 1997, the following words:- This subsection shall not apply to internet card rooms and internet gaming operator premises.
SECTION XX. Subsection (e) of section 35 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in line 2030, the following words:- or internet card room.
SECTION XX. Section 36 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in lines 2046 and 2057, the following words:- or internet card room.
SECTION XX. Section 37 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in lines 2139 and 2150, the following words:- or internet card room.
SECTION XX. Section 39 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in lines 2170, 2171 and 2197, the following words:- or internet card room.
SECTION XX. Subsection (b) of section 40 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in lines 2208 and 2211, the following words:- or internet gaming operator premises. SECTION XX. Section 41 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in line 2215, the following words:- or internet card room.
SECTION XX. Section 43 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in lines 2226, 2230 and 2237, the following words:- or internet card room.
SECTION XX. Subsection (a) of section 45 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in line 2243, the following words:- or internet card room.
SECTION XX. Subsection (c) of said section 45 of said chapter 23K, as so appearing, is hereby amended by inserting after the word “establishment”, in lines 2256 and 2257, the following words:- or internet gaming operator.
SECTION XX. Said subsection (c) of said section 45 of said chapter 23K, as so appearing, is hereby amended further by inserting after the word “premises”, in line 2257, the following words:- or internet card room.
SECTION XX. Subsection (f) of said section 45 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishments”, in lines 2278 and 2285, the following words:- and internet card rooms.
SECTION XX. Said subsection (f) of said section 45 of said chapter 23K, as so appearing, is hereby amended further by inserting after the word “gaming establishment”, in line 2282, the following words:- or in an internet card room.
SECTION XX. Said subsection (f) of said section 45 of said chapter 23K, as so appearing, is hereby amended further by inserting after the word “establishment”, in each instance in line 2286, the following words:- or an internet gaming operator.
SECTION XX. Said subsection (f) of said section 45 of said chapter 23K, as so appearing, is hereby amended further by inserting after the word “premises”, in line 2287, the following words:- or internet card room.
SECTION XX. Subsection (g) of said section 45 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishments”, in line 2288, the following words:- and internet card rooms.
SECTION XX. Subsection (h) of said section 45 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in line 2293, the following words:- and an internet gaming operator.
SECTION XX. Said subsection (h) of said section 45 of said chapter 23K, as so appearing, is hereby amended further by inserting after the words “gaming establishments”, in lines 2294 and 2295, the following words:- and an internet gaming operators.
SECTION XX. Subsection (i) of said section 45 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishments”, in line 2305 and 2314, the following words:- and internet card rooms.
SECTION XX. Subsection (j) of said section 45 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in line 2316 and 2318, the following words:- and an internet card room.
SECTION XX. Section 47 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in line 2334, the following words:- or internet gaming operator premises.
SECTION XX. Subsection (a) of section 49 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in line 2344, the following words:- and an internet gaming operator premises.
SECTION XX. Said subsection (a) of said section 49 of said chapter 23K, as so appearing, is hereby further amended by inserting after the words “gaming establishments”, in lines 2346, 2347, 2349 and 2350, the following words:- and internet gaming operator premises.
SECTION XX. Subsection (b) of said section 49 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in line 2352, the following words:- and internet gaming operator premises.
SECTION XX. Subsection (a) of section 55 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “category 1 licensee”, in line 2408, the following words:- and a category 3 licensee.
SECTION XX. Subsection (c) of section 56 of said chapter 23K, as so appearing, is hereby amended by inserting after the word “establishments”, in line 2428, the following words:- and internet card rooms.
SECTION XX. Said subsection (c) of said section 56 of said chapter 23K, as so appearing, is hereby amended further by inserting after the words “gaming establishment”, in line 2431, the following words:- and at each internet card room.
SECTION XX. Subsection (e) of said section 56 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “gaming establishment”, in line 2439, the following words:- and employed by each internet gaming operator.
SECTION XX. Subsection (1) of section 59 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “category 2 licensee”, in line 2490, the following words:- and a category 3 licensee.
SECTION XX. Section 66 of said chapter 23K, as so appearing, is hereby amended by inserting after the words “slot machines”, in line 2655, the following words:- , software, hardware, gaming devices.
SECTION XX. Section 5A of chapter 62 of the General Laws, as appearing in section 27 of chapter 194 of the acts of 2011, is hereby amended by inserting after the words “gaming establishment”, in line 2893, the following words:- or an internet card room.
SECTION XX. Section 93 of chapter 194 of the acts of 2011 is hereby amended by inserting after the words “category 2”, in lines 3412 and 3414, the following words:- or category 3.
SECTION XX. Section 97 of chapter 194 of the acts of 2011 is hereby amended by inserting after the words “gaming establishment”, in line 3474, the following words:- and internet gaming operators.”

Amendment #87

Ms. Wolf of Cambridge moves to amend the bill in section 41, in line 1145, by inserting after the word “adults;” the words “programs in which one or more non-profit corporations collaborate with a community college to prepare low income or underemployed adults for employment in the workforce of regional emerging industries;”.

Amendment #88

Representatives Brady of Brockton, Creedon of Brockton, Canavan of Brockton, Aires of Quincy, Fox of Boston, DiNatale of Fitchburg, Levy of Marlboro, Winslow of Norfolk and Farley-Bouvier of Pittsfield move to amend House 4110 by adding the following section;

SECTION XX. Not later than 10 days after the start of fiscal year 2013, the comptroller shall transfer $9,000,000 from the General Fund to the Affordable Housing Trust Fund established by chapter 121D of the General Laws, and said funds shall be used by department of housing and community development as grants or loans for foreclosed property acquisition and rehabilitation, and related property inspection and improvements to local infrastructure that help promote neighborhood stabilization activities in areas that have high numbers of foreclosed and distressed properties, provided that loans and grants may be administered by the department through contracts with the Massachusetts Housing Partnership Fund established in section 35 of chapter 405 of the acts of 1985, as amended, and through the Neighborhood Stabilization Loan Fund, and provided further that notwithstanding section 3 of chapter 121D of the General Laws, the department may employ affordability restrictions consistent with federal Neighborhood Stabilization Program created pursuant to Division B, Title II of the Housing and Economic Recovery Act of 2008 and the American Recovery and Reinvestment Act of 2009. Grants or loans provided under this section shall be expended in communities that have suffered significant negative impact due to residential foreclosures and said communities shall represent a geographic diversity of communities across the Commonwealth.

Amendment #89

Mr. Pignatelli of Lenox, DiNatale of Fitchburg and Hunt of East Sandwich, move to amend the bill by adding the following section:

SECTION XX. SECTION 1. The definition of “Professional fund-raising counsel” contained in section 18 of chapter 68 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following:- A bona fide salaried officer or regular, non-temporary employee of a charitable organization maintaining a permanent establishment within the commonwealth shall not be deemed to be a professional fund-raising counsel. An insurance commission paid by an insurer to a licensed insurance agent pursuant to an insurance policy issued in accordance with the provisions of sub-section (3) of section 123A of chapter 175 shall not be deemed to be consideration paid by a charitable organization;
SECTION 2. The definition of “Professional solicitor” contained in said section 18 of said chapter 68, as so appearing, is hereby amended by striking out the fourth sentence and inserting the following:- No attorney, investment counselor or banker who advises an individual corporation or association to make a charitable contribution shall be deemed, as a result of such advice, to be a professional fund-raising counsel or a professional solicitor. An insurance commission paid by an insurer to a licensed insurance agent pursuant to an insurance policy issued in accordance with the provisions of sub-section 3 of chapter 175 shall not be deemed to be consideration paid by a charitable organization;
SECTION 3. Section 123A of chapter 175 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following sub-section:- (3) A donor’s retirement account may be designated as a collateral assignee of a life insurance policy made to secure the repayment of a loan made to the charitable institution from the retirement account; provided that no further assignment may be made by the retirement account.

Amendment #90

Ms. Wolf of Cambridge moves to amend the bill in section 4, in item 7007-1200, in line 19, by inserting after “companies;” the following: “provided, further, that the talent pipeline program include summer internships for talented high school students, particularly students underrepresented in traditional STEM programs, such that these future workers may gain awareness and experience in these fields to guide their knowledge of future employment opportunities;”.

Amendment #91

Mr. Golden of Lowell moves to amend the bill, at the end thereof, by inserting the following new section:- SECTION __. (a) Notwithstanding any general or special law to the contrary, there is hereby created a commission that shall investigate the economic impact of the Commonwealth’s minimum pricing laws on businesses and residents within the Commonwealth. The commission shall analyze the additional costs, if any, incurred by Massachusetts residents as compared to businesses and residents of neighboring states. (b) The commission shall consist of the secretary of the executive office of administration and finance or his designee; the commissioner of the department of revenue or his designee; the director of the department of agriculture or his designee; the treasurer or his designee; the house and senate chairs of the joint committee on revenue, who shall co-chair the commission; a representative of the Retailers Association of Massachusetts; a representative of the Massachusetts Chamber of Commerce; a representative appointed by the Governor from each of the industries currently impacted by minimum pricing laws, including the dairy, alcohol and tobacco industries; an individual with an expertise in finance or consumer economics; and a representative of the New England Convenience Store Association as appointed by the Governor. The commission shall adopt rules and establish procedures it considers necessary for the conduct of its business. No action of the commission shall be considered official unless approved by a majority vote of the commission members. (c) In the course of its investigation, the commission shall: (1) examine the minimum pricing laws in existence in the Commonwealth and the purpose behind their initial creation; (2) examine the minimum pricing laws in existence in the Commonwealth’s neighboring states, if any; (3) provide an analysis of the impact of the Commonwealth’s minimum pricing laws on the cost and price of products so regulated; (4) provide an analysis of the impact of the neighboring states’ minimum pricing laws on the cost and price of products so regulated; (5) develop recommendations as to whether the Commonwealth’s minimum pricing laws continue to serve their original purpose and whether such laws put the Commonwealth and its businesses and residents at a competitive disadvantage as compared to neighboring states; (6) determine whether the Commonwealth’s minimum pricing laws benefit certain businesses as opposed to others by creating subsidies of unnecessarily large profit. (d) The commission may hold public hearings to assist in the collection and evaluation of data and testimony. (e) Any research, analysis or other staff support that the commission reasonably requires shall be provided by the executive office of administration and finance and its agencies. (f) The commission shall prepare a written report detailing its findings and recommendations, together with drafts of legislation, as may be necessary to carry those recommendations into effect. The commission shall submit its initial report to the governor, the secretary of the executive office of administration and finance, the clerks of the senate and house of representatives, the chairs of the house and senate committees on ways and means and the joint committee on revenue not later than 1 year after the effective date of this act.

Amendment #92

Representatives Gobi of Spencer, Schmid of Westport, Nyman of Hanover and Peake of Provincetown, move to amend the bill by adding the following section: SECTION____. Section 44 of chapter 130 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:- If the measurement of any such lobster taken from 1 or the other eye sockets is of the required length, such lobster shall be deemed to be a legal lobster. The bringing ashore any mutilated lobster in a manner that affects its measurement as aforesaid shall be prima facie evidence in all prosecutions that the lobster was or is less than the required length; provided, the director, with the approval of the marine fisheries advisory commission, shall promulgate rules and regulations to allow the on-shore processing of live lobsters of legal length into a food product of frozen lobster parts and the possession and sale of such processed food product by wholesale dealers; provided further, the processing of lobsters into parts at sea shall be prohibited and shall be subject to the penalties provided in the first paragraph; provided further, that said processing shall be conducted only by wholesale dealers that are licensed by the department of public health under section 77G of chapter 94; provided further, the packaging of processed frozen lobster parts as a food product shall bear a label in accordance with applicable federal and state laws and regulations; provided further, frozen lobster parts that have been processed as a food product may be possessed, sold or offered for sale by any wholesale dealer, and any retail dealer including without limitation, restaurants and retail food establishments; and such food product may be possessed by a consumer. This section shall not apply to common carriers possessing lobster or lobster food products, for the purpose of transportation.

Amendment #93

Mr. Torrisi of North Andover moves to amend House Bill 4110 in line 31, by inserting after the word “practices” the following words:- ; provided further, that $100,000 shall be used by the Merrimack Valley Planning Commission for staffing to update, maintain and promote their module, www.MVMB.biz.

Amendment #94

Mr. Kaufman of Lexington moves to amend House Bill 4110 by striking the following sections (as printed):- SECTION 55. Paragraph (b) of section 6J of said chapter 62, as so appearing, is hereby amended by striking out, in line 39, the figure “$50,000,000” and inserting in place thereof the following figure:- $60,000,000; and SECTION 65. Paragraph (b) of section 38R of said chapter 63, as so appearing, is hereby amended by striking out, in line 37, the figure “$50,000,000” and inserting in place thereof the following figure:- $60,000,000.

Amendment #95

Ms. Khan of Newton, Mr. Lewis of Winchester, Ms. Provost of Somerville, Mr. Hecht of Watertown, move to amend the bill in section 41, in line 1167, by inserting after "committee constituencies under paragraph (b)" the following: “provided further, that a portion of the Workforce Competitive Trust Fund be invested in the international education and foreign language grant program fund established pursuant to section 2VVV of chapter 29 of the General Laws, as inserted by chapter 168 of the acts of 2006 to build the fund to an amount of not less than $1,000,000 for the purpose of preparing K-12 students of the Commonwealth to be culturally competent with an international perspective.”

Amendment #96

Mr. Walsh of Framingham moves to amend the bill in section 39, in lines 657 to 661, by deleting the sentence beginning with the word “Written” and inserting the following new sentence in its place:- “Written notification of such hearing and a summary of the petition and the improvement plan, shall be provided by the clerk of the municipality to all owners and tenants of properties in the proposed development zone and within one-half mile of the boundaries of said zone, within or beyond the municipality in which the zone shall be located, no later than 14 days prior to such hearing, by mailing a written notice to the addresses listed in municipal property tax records and other appropriate listings of owners and residents.”, and in said section 39, in line 684, by deleting the figure “21” and inserting in their place the figure “30”, and further in said section 39, after section 3(c), in line 686, inserting the following new section:- “(x) The applicable regional planning agency established under chapter 40B of the general laws, or regional planning agencies if the proposed development zone is located in the jurisdiction of multiple regional planning agencies, within 21 days after the public hearing described in Section 3(b) above shall conduct and publish an analysis of the proposed development zone and improvement plan to determine whether it is consistent with the duly adopted regional plan, if any, and the commonwealth’s sustainable development principles. The public facilities owner, the assessing party, the municipality, and the agency shall cooperate with the analysis and provide all reasonable information about the proposed development zone and improvement plan. The costs of the analysis shall be reimbursed to the regional planning agency, or agencies, not to exceed $6,000 per proposed development zone. The agency will also seek input from the executive office of housing and economic development, the Massachusetts department of transportation, and the executive office of energy and environmental affairs as to whether the proposed development zone and improvement plan are consistent with the state’s sustainable development principles, long-range transportation plans, and any other such plans or policies of the commonwealth. The agencies shall respond in writing within 21 days after the public hearing described in Section 3(b) of this chapter.”

Amendment #97

Mr. Walsh of Framingham moves to amend the bill H4110 by inserting after section 88 the following section: SECTION 88A. Section 173 of said chapter 240 of the acts of 2010 Official Edition, is hereby amended by inserting after the word “section” the following: “provided that the conditions and bylaws under which the project was permitted remain substantially and materially the same.”

Amendment #98

Mr. Walsh of Framingham and Mr. Levy of Marlborough moves to amend the bill H4110 in Section 48, in line 1333, by inserting after the word “services.” the following words: “A residential priority development site shall be a separate local option vote and not as a condition of a previously enacted commercial priority development site vote.”

Amendment #99

Mr. Wagner of Chicopee moves to amend the bill, in section 6, by inserting after the words “established in said” the following words: “clauses (i) or (ii) of subsection (a) of” And further amend, in section 8, by inserting after the words “job creation” the following character:- “,” And further amend, in section 15 by deleting after the words “within 2 years” in line __the following words: “before or” And further amend, in section 15 by deleting after the words “January 1 of the year” in line __ the following words: “preceding the year” And further amend, in said section 15, by inserting after the words “within the commonwealth or” in line __ the following word: “(c)” And further amend, in said section 15, by inserting after the words “in permanent full-time employees” in line __ the following phrase: “and not a relocation of permanent full-time employees employed by the controlling business at any other facility located within the commonwealth.” And further amend, by striking out section (b) in section 27 and inserting in place thereof the following:- (b) the controlling business made a material misrepresentation in its project proposal or anytime thereafter in its information provided to a municipality, MOBD or EACC. And further amend, in section 39 by striking in “Section 1: Definitions” the following paragraph:- “Massachusetts opportunity rebuilding and expansion infrastructure program”, or “MORE infrastructure”, a program designed to finance infrastructure improvements benefiting existing and new residential, commercial and industrial properties and the citizens and businesses of the commonwealth. And further amend, in said section 39, is hereby amended by striking in “Section 4(a)” the following sentence:- To provide for the collection and enforcement of its infrastructure assessments, the assessing party is hereby granted all the powers and privileges with respect thereto held by the municipality on the effective date of this chapter or as otherwise provided in this chapter, to be exercised concurrently with the municipality. And further amend, in said section 39 by striking in “Section 4(a) the following sentence:- The infrastructure assessments established by the assessing party shall not be subject to supervision or regulation by any department, division, commission, board, bureau, or agency of the commonwealth or any of its political subdivisions, including without limitation, the municipality, if it is not the assessing party, nor shall the assessing party be subject to the provisions of sections 20A and 21C of chapter 59. And further amend, in section 46 by striking in its entirety paragraph (a) and inserting in place thereof the following paragraph: (a) Notwithstanding any general or special law to the contrary, any city or town by vote of its town meeting, town council or city council with the approval of the mayor where required by law may designate development districts within the boundaries of the city or town provided, however, a development district may consist of 1 or more parcels or lots of land, whether or not contiguous, or 1 or more buildings or structures, whether or not adjacent, on 1 or more parcels of land, provided that the total area of all development districts shall not exceed 25 per cent of the total area of a city or town; and provided that the boundaries of a development district may be altered only after meeting the requirements for adoption under this subsection. The city or town shall find that the designation of the development district is consistent with the requirements of this section and will further the public purpose of encouraging increased residential, industrial and commercial activity in the commonwealth. And further amend, in section 49 by inserting after the words “certified before January 1, 2012” the following words: “because of a material variance” And further amend, in said section 49, by deleting after the words “first day of the tax year in which material variance” the following words:- “or material misrepresentation” And further amend, in section 59 by deleting after the words “tax year in which a material variance” the following words: “or material misrepresentation”

Amendment #100

Ms. Garlick of Needham moves to amend the bill (House No. 4110) in section 4, in line 41, by inserting after the words “acts of 2006” the following: “; provided further, that $75,000 shall be used for the design of a streetscape project in the town of Needham to support the New England Business Center” and in said section by deleting the figure “$2,225,000” and inserting in place thereof the figure “$2,300,000”.

Amendment #101

Representatives Diehl of Whitman, Levy of Marlborough, Webster of Pembroke and Winslow of Norfolk moves to amend the House bill 4110 by inserting after Section 5 (as printed) the following section:-
Section XX. Chapter 7 of the General Laws, as so appearing, is hereby amended by inserting after Section 40G the following section: Section 40G 1/2. The commissioner shall establish a retail incubator program, hereafter referred to as “MassMarket,” in collaboration with the state’s regional workforce investment boards and the office of small business and entrepreneurship within the executive office of housing and economic development, to locate small business start-up entrepreneurs seeking to develop a business plan into a new, successful retail company unoccupied, state-owned buildings. Eligible participants of MassMarket will be determined through a selection process determined by the respective workforce investment boards of that region. The office of small business and entrepreneurship will utilize appropriate resources at their disposal to enhance the opportunity for success for each eligible MassMarket participant. The commissioner shall provide each workforce investment board with a list of properties that are available for use in the MassMarket program. Costs for security and insurance of each property available will be borne by the MassMarket participant. In exchange for the no-cost retail space, for a maximum of 24 months, the MassMarket participant agrees to the following conditions, which are required in an effort to ensure success: (1) Retailer shall participate in the training and mentoring programs offered by the regional workforce investment board; (2) Retailer shall, at a minimum, be open for business 40 hours per week, 6 days per week; (3) Retailer shall meet once every quarter with a WIB mentor, who shall have access to information on sales, inventory and expenses one week prior to meeting; and (4) A percentage of profits will be set-aside each month to act as a security against any potential damage to the property and will be forfeited if, upon completion of the program, repairs exceed the amount held in escrow. Upon completion of the program, if the MassMarket participant has generated enough business to purchase the property, they will be given first right of refusal to acquire said property, at fair market value, to be determined by the commissioner. If the MassMarket participant wishes to end use of the property, written notice must be given one month prior to the respective workforce investment board.

Amendment #102

Representative Forry of Boston moves to amend (House, No. 4110) by inserting in SECTION 67, line 1653, after the word “commonwealth.” the following: “The Commissioner shall file annual reports regarding the activities of the small business loan review boards with the chairs of the joint committee on community development and small business, chairs of the joint committee on economic development and emerging technologies, and chairs of the joint committee on revenue, on or before January 1.”

Amendment #103

Representative Forry of Boston moves to amend (House, No. 4110) in SECTION 20, line 155, by inserting after the words “co-chairperson;” the following: “the executive director of the office of small business and entrepreneurship, or a designee;” in SECTION 27, line 298, by inserting after the words “revenue” the following: “, the chairs of the joint committee on community development and small business”; in SECTION 95, line 1961, by inserting after the words “technologies” the following: “, the chairs of the joint committee on community development and small business”.