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Ms. Fargo moves to amend the bill by
inserting, after Section __, the following new Section: -
SECTION __. There
shall be a 15 member special commission to study the use and effectiveness of
the manufacturing and mutual fund corporation single-sales tax formulas, so-called.
The commission shall consist of 4 members appointed by the president of the senate,
including the chair of the senate committee on ways and means, the senate chair
of the joint committee on taxation, and 1 member appointed by the leader minority
party; 4 members appointed by the speaker of the house of representatives, including
the chair of the house committee on ways and means, the house chair of the joint
committee on taxation, and 1 member appointed by the leader minority party; the
secretary of administration and finance; the secretary of economic affairs; the
commissioner of the department of revenue; 1 representative appointed by the executive
director of the Massachusetts Budget and Policy Center, 1 representative appointed
by the executive director of the Massachusetts Taxpayers Foundation, 1 representative
appointed by the president of the Associated Industries of Massachusetts, and
1 representative appointed by the president of the Massachusetts AFL-CIO.
The commission shall study the impact of the single-sales tax formulas on job growth, business expansion, state tax revenues, and the overall contribution of the single-sales tax formulas to the economic climate in the commonwealth, and recommend retaining the single-sales tax formula or recommend a new tax formula. The commission shall include in its study an individual analysis of each corporation utilizing the single-sales tax formulas since the implementation of the single-sales tax formulas. The individual analysis shall include the annual employment level of the corporation; the annual total of salaried workers employed by the corporation; the annual total of hourly-wage workers employed the corporation; a year-by-year account of the corporation's property and assets in the commonwealth, including the valuation of the corporation's property and assets; a year-by-year account of the transfer of jobs or operations into and out of the commonwealth by the corporation; and a year-by-year account of the sale and purchase of assets in the commonwealth by the corporation.
The commission shall file its study, along with any legislation, with the clerks of the senate and the house of representatives on or before November 1, 2004.
Floor Number: 552 Clerk Number: 226
RELATIVE
TO LIMITED LIABILITY COMPANIES
Ms. Creem moves that the bill be
amended by inserting after Section 230 the following new section:-
SECTION
230A . Section 30 of said chapter 63 of the General Laws is hereby amended by
striking out paragraphs 1 and 2, as most recently amended by Section 13, Chapter
4 of the Acts of 2003, and inserting in place thereof the following 2 paragraphs:-
1.
"Domestic corporation," (i) a corporation organized under or subject
to chapter 156, chapter 156A, chapter 156B or chapter 180 which has privileges,
powers, rights or immunities not possessed by individuals or partnerships; (ii)
a mutual holding company subject to chapter 167H or sections 19F to 19W, inclusive,
of chapter 175; or (iii) a limited liability company formed under chapter 156C
which has more than 1 member which limited liability company is not classified
for the taxable year as a partnership for federal income tax purposes or which
has only 1 member and has elected for the taxable year to be classified for federal
income tax purposes as a corporation separate from its member; provided, however,
that the term shall not apply to a corporation organized under section 10 of chapter
157, a domestic manufacturing corporation as defined in section 38C, a corporation
that qualifies as a regulated investment company under section 851 of the federal
Internal Revenue Code, as amended and in effect for the taxable year, nor to a
corporation exempt from taxation under section 501 of the Code, as amended and
in effect for the taxable year, nor to a corporation subject to paragraph 2. A
limited liability company having as its sole member a domestic corporation that
is not a federal S corporation, as defined in section 1361 of the Code, as amended
and in effect for the taxable year, which limited liability company is not treated
as a separate taxable entity for federal income tax purposes, shall not be separately
taxed under this chapter but shall be treated as a branch or division of its domestic
corporation member; provided, however, that any limited liability company or any
other entity that makes a federal election to be disregarded as an entity separate
from its sole member and has, as its sole member, an S corporation for federal
income tax purposes, shall be separately taxed under this chapter as an S corporation.
2.
"Foreign corporation," a corporation, association or organization established,
organized
or chartered under laws other than those of the commonwealth, for purposes for
which domestic corporations may be organized under chapter 156, chapter 156A,
chapter 156B or sections 19F to 19W, inclusive, of chapter 175 or chapter 180
which has privileges, powers, rights or immunities not possessed by individuals
or partnerships; provided, however, that the term shall not apply to a corporation,
association or organization without capital stock which is subject to taxation
under section 18 of chapter 157, to a foreign manufacturing corporation as defined
in section 42B, to a corporation, association or organization that qualifies as
a regulated investment company under section 851 of the federal Internal Revenue
Code, as amended and in effect for the taxable year, to a corporation, association
or organization which is exempt from taxation under section 501 of the Code, as
amended and in effect for the taxable year, nor to a corporation, association
or organization subject to tax under paragraph 1; provided further, that the terms
shall apply to a foreign limited liability company as defined in section 2 of
chapter 156C, which has more than 1 member and is not classified for the taxable
year as a partnership for federal income tax purposes or which has only 1 member
and has elected to be classified as a corporation separate from its member for
federal income tax purposes. A limited liability company having as its sole member
a foreign corporation that is not a federal S corporation, as defined in section
1361 of the Code, as amended and in effect for the taxable year, which limited
liability company is not treated as a separate taxable entity for federal income
tax purposes, shall not be separately taxed under this chapter but shall be treated
as a branch or division of its foreign corporation member; provided, however,
that any foreign limited liability company or any other entity that makes a federal
election to be disregarded as an entity separate from its sole member and has,
as its sole member, an S corporation for federal income tax purposes, shall be
separately taxed under this chapter as a foreign S corporation.
SECTION 230B.
Section 230A shall be effective for tax years beginning on or after January 1,
2003.
Floor Number: 553 Clerk Number: 282
IMPROVING THE COLLECTION
OF CIGAR AND PIPE TOBACCO TAXES
Ms. Fargo moves to amend the bill
by inserting, after Section __, the following new Section: -
SECTION __. Section
1 of Chapter 64C of the Massachusetts General Laws shall be amended by inserting
line 55, after the words "meaning smokeless tobacco" the words "cigars
and smoking tobacco"; and by inserting in line 60, after the word "tobacco"
the words "cigars and smoking tobacco".
Floor Number: 554 Clerk
Number: 417
TAX EXEMPT PROPERTIES
Mr. Tolman moves to amend the bill by inserting, after Section 610, the following new Section:-
"SECTION 611. The commissioner of revenue is hereby authorized and directed to investigate and study the economic impact on each city and town of the tax exemption granted to educational institutions under general laws chapter fifty-nine, section five, paragraph third. Said study shall include an assessment of the ameliorization afforded to the respective city or town of any payments in lieu of taxes made by respective charitable organizations within each jurisdiction. The commissioner shall report the findings of this study to the Joint Committee on Taxation on or by December 31, 2003."
Floor Number: 555 Clerk Number: 539
Q-SUBS
Mr. Lees hereby moves that the bill be amended by adding at the end thereof the following new section:-
SECTION __. Section 1. Section 30 of said chapter 63 of the General Laws is hereby amended by striking out paragraphs 1 and 2, as most recently amended by Section 13, Chapter 4 of the Acts of 2003, and inserting in place thereof the following 2 paragraphs:-
1. "Domestic corporation," (i) a corporation organized under or subject to chapter 156, chapter 156A, chapter 156B or chapter 180 which has privileges, powers, rights or immunities not possessed by individuals or partnerships; (ii) a mutual holding company subject to chapter 167H or sections 19F to 19W, inclusive, of chapter 175; or (iii) a limited liability company formed under chapter 156C which has more than 1 member which limited liability company is not classified for the taxable year as a partnership for federal income tax purposes or which has only 1 member and has elected for the taxable year to be classified for federal income tax purposes as a corporation separate from its member; provided, however, that the term shall not apply to a corporation organized under section 10 of chapter 157, a domestic manufacturing corporation as defined in section 38C, a corporation that qualifies as a regulated investment company under section 851 of the federal Internal Revenue Code, as amended and in effect for the taxable year, nor to a corporation exempt from taxation under section 501 of the Code, as amended and in effect for the taxable year, nor to a corporation subject to paragraph 2. A limited liability company having as its sole member a domestic corporation that is not a federal S corporation, as defined in section 1361 of the Code, as amended and in effect for the taxable year, which limited liability company is not treated as a separate taxable entity for federal income tax purposes, shall not be separately taxed under this chapter but shall be treated as a branch or division of its domestic corporation member; provided, however, that any limited liability company or any other entity that makes a federal election to be disregarded as an entity separate from its sole member and has, as its sole member, an S corporation for federal income tax purposes, shall be separately taxed under this chapter as an S corporation.
3. "Foreign corporation,"
a corporation, association or organization established,
organized or chartered
under laws other than those of the commonwealth, for purposes for which domestic
corporations may be organized under chapter 156, chapter 156A, chapter 156B or
sections 19F to 19W, inclusive, of chapter 175 or chapter 180 which has privileges,
powers, rights or immunities not possessed by individuals or partnerships; provided,
however, that the term shall not apply to a corporation, association or organization
without capital stock which is subject to taxation under section 18 of chapter
157, to a foreign manufacturing corporation as defined in section 42B, to a corporation,
association or organization that qualifies as a regulated investment company under
section 851 of the federal Internal Revenue Code, as amended and in effect for
the taxable year, to a corporation, association or organization which is exempt
from taxation under section 501 of the Code, as amended and in effect for the
taxable year, nor to a corporation, association or organization subject to tax
under paragraph 1; provided further, that the terms shall apply to a foreign limited
liability company as defined in section 2 of chapter 156C, which has more than
1 member and is not classified for the taxable year as a partnership for federal
income tax purposes or which has only 1 member and has elected to be classified
as a corporation separate from its member for federal income tax purposes. A limited
liability company having as its sole member a foreign corporation that is not
a federal S corporation, as defined in section 1361 of the Code, as amended and
in effect for the taxable year, which limited liability company is not treated
as a separate taxable entity for federal income tax purposes, shall not be separately
taxed under this chapter but shall be treated as a branch or division of its foreign
corporation member; provided, however, that any foreign limited liability company
or any other entity that makes a federal election to be disregarded as an entity
separate from its sole member and has, as its sole member, an S corporation for
federal income tax purposes, shall be separately taxed under this chapter as a
foreign S corporation.
Section 2. Section __ shall be effective for tax
years beginning on or after January 1, 2003.
Floor Number: 556 Clerk
Number: 277
LIMITING THE SIZE OF SIGNS ON THE MASSACHUSETTS TURNPIKE
Mr.
Nuciforo, Ms. Resor, and Mr. Joyce move to amend the bill by inserting after Section
240 the following new Section:-
"SECTION 240A. Chapter 81A of the General
Laws as appearing in the 2000 Official Edition is hereby amended by inserting
after section 4 the following new section:-
Section 4A. The Turnpike shall
not allow any sign advertising any gasoline station, restaurant or other services
to be erected or maintained on the Massachusetts Turnpike that is larger than
80 square feet in area, excluding supports, or is higher than 30 feet from the
ground, measured from the highest part of the sign."
Floor
Number: 557 Clerk Number: 429
Relative to the Maintenance of the Massachusetts
Turnpike Authority's Toll Discount Program
Relative to the Maintenance
of the Massachusetts Turnpike Authority's Toll Discount Program
Mr. Magnani
of Framingham, Ms. Creem and Ms. Resor move to amend the bill by adding the following
section:
"SECTION _________.Chapter 10 of the General Laws is hereby amended
by inserting after Section 63 the following section:-
Section 63A. There shall
be established and set up on the books of the commonwealth a separate fund to
be known as the Metropolitan Highway System Toll Mitigation Fund for the purpose
of maintaining the Massachusetts Turnpike Authority toll discount program as established
by the authority's board of directors on June 28, 2002.
Notwithstanding any
general or special law or contract to the contrary, a portion of any sums owed
to the commonwealth and recovered pursuant to section 83 of chapter 4 of the Acts
of 2003 shall be deposited in the fund. The portion to be
credited to the
fund pursuant to this section shall be the amount required to fully fund the toll
discount program until such time as tolls shall be no longer collected.
Section
83 of Chapter 4 of the acts of 2003 is hereby amended by striking out subsection
(c).
Floor Number: 558 Clerk Number: 432
FREEZING MASS TURNPIKE
TOLLS AT CURRENT LEVELS
Mr. Magnani of Framingham, Ms. Creem and Ms.
Resor move to amend the bill by adding the following section:
"SECTION
________. Section 4 sub-paragraph (i) of Chapter 81A of the General Laws, as appearing
in the 2000 Official Edition, is hereby amended by striking out, in lines 44 and
45, the words "to fix and revise from time to time and charge and collect
tolls for transit over the turnpike" inserting in place thereof the following:
-to charge and collect tolls for transit over the turnpike; said tolls shall be
fixed at the rates in place on January 1, 2003 and may be revised only when necessary
to accommodate increases in the Consumer Price Index;
SECTION 2. Section 4 sub-paragraph (i) of Chapter 81A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in lines 44 and 45, the words "to fix and revise from time to time and charge and collect tolls for transit over the metropolitan highway system;" and inserting in place thereof the following: -to charge and collect tolls for transit over the metropolitan highway system; said tolls shall be fixed at the rates in place on January 1, 2003 and may be revised only when necessary to accommodate increases in the Consumer Price Index;
SECTION 3. Section 10 of said Chapter is hereby amended in subsection (a) by striking in line 2 the words "and from time to time fix and revise".
SECTION 4. Section 10 of said Chapter is further amended in subsection (b) by striking in lines 36 and 37 the words "and from time to time fix and revise".
SECTION
5. Section 10 of said Chapter is further amended by adding at the end thereof
the following paragraphs:-
"{c} Notwithstanding any general or special
law to the contrary, the authority is hereby authorized to allocate turnpike revenues
generated from the turnpike as necessary to fully fund the Boston Extension toll
discount program as established by the authority's board of directors on June
28, 2002 until such time as tolls are no longer collected on Boston Extension
roadways."
Floor Number: 559 Clerk Number: 437
MASS PIKE SERVICE
PLAZA LIGHTING
Mr. Magnani of Framingham, Ms. Creem and Ms. Resor move
to amend the bill by adding at the end thereof the following new section: -
"SECTION
_______. Chapter 81A of the General Laws as appearing in the 2000 Official Edition
is hereby amended by adding after section 14 the following section:-
Section
14A. (a) As used in this section, the following words shall, unless the context
clearly requires otherwise, have the following meaning:-
"Direct light",
light emitting generally in a downward direction by a lamp, off a reflector, or
through a refractor of a luminaire.
"Full-cutoff luminaire", a luminaire
that allows no direct light from the luminaire above a horizontal plane through
the luminaire's lowest light-emitting part, in its mounted form.
"Glare",
direct light emitted by a luminaire that causes reduced visibility of objects
or momentary blindness.
"Lamp", the component of a luminaire that
produces light.
"Light Pollution", general sky glow caused by the
scattering of artificial light in the atmosphere.
"Light trespass",
light emitted by a luminaire that shines beyond the boundaries of the property
on which the luminaire is located.
"Lumen", a specific standard
unit of measurement of luminous flux.
"Luminaire", a complete lighting
unit, including a lamp or lamps together with the parts designed to distribute
the light, to position and protect the lamps, and to connect the lamps to the
power supply.
"Non-cutoff luminaire", a streetlight luminaire in
which either the lamp and surrounding glass lens extends well below the horizontal
plane of opaque shielding elements of the luminaire, or the lamp is situated on
top of a post or on a pivoting support on the side of a building, causing light
to be cast as glare outward and upward, beyond its useful range.
"Outdoor
light fixtures", outdoor artificial illuminating devices, permanently installed
or portable, used for flood-lighting, roadway and area lighting, general illumination,
or advertisement.
"Permanent outdoor luminaire", any fixed luminaire
or system of luminaires that is outdoors and that is intended to be used for seven
days or longer.
"Roadway lighting", permanent outdoor luminaires
that are specifically intended to illuminate roadways for automotive vehicles.
"Semi-cutoff luminaire", a luminaire that allows no more than six percent
of the light from the lamp to be emitted above a horizontal plane passing through
the luminaire's lowest light-emitting part.
(b) The lessee, user or occupant
of real property of the authority leased, used, or occupied in connection with
a business conducted for profit, shall retrofit existing permanent outdoor luminaires
or install new permanent outdoor luminaires that meet the following conditions:
(1) The new or replacement luminaire is a full-cutoff luminaire when the rated
output of the luminaire is greater than one thousand eight hundred lumens;
(2) If a lighting recommendation or regulation applies, the minimum illuminance
specified by the recommendation or regulation is used;
(3) If no lighting
recommendation or regulation applies, the minimum illuminance adequate for the
intended purpose is used with consideration given to recognized standards, including,
but not limited to, recommended practices adopted by the illuminating engineering
society of North America (IESNA);
(4) For roadway lighting unassociated with
intersections of two or more streets or highways, a determination is made by the
Massachusetts turnpike authority that the purpose of the lighting installation
or replacement cannot be achieved by installation of reflectorized roadway markers,
lines, warnings or informational signs, or other passive means; and
(5) Adequate
consideration has been given to the conservation of energy and to the minimization
of glare, light pollution, and light trespass.
The requirements of this section
shall not apply in any of the following circumstances, settings or location:
(i)
a federal law, rule or regulation preempts state law;
(ii) the outdoor lighting
fixture is used on a temporary basis by emergency personnel requiring additional
illumination for emergency procedures or used by repair personnel on a temporary
basis for road repair;
(iii) special events or situations that may require
additional illumination, including, but not limited to, the illumination of historic
structures, monuments, or flags; provided, however, that all such illumination
shall be selected and installed to shield the lamp used from direct view to the
greatest extent possible, and to minimize upward lighting and light trespass;
(iv) when a compelling safety interest exists that cannot be addressed by
any other method.
(v) the lessee, user, or occupant's permanent outdoor luminaires
currently meet the above conditions.
(c) The division of energy resources,
in consultation with the Massachusetts turnpike authority, shall promulgate regulations
to implement and enforce this section.
(d) The lessee, user or occupant shall
comply with this section by January 1, 2008.
Floor Number: 560 Clerk
Number: 238
BAIL LIEN REVENUE INITIATIVE
Mr. Rosenberg moves to
amend the bill by inserting, after Section ______. The following new Section:-
"SECTION
____. The General Laws are hereby amended by inserting after chapter 280, as appearing
in the 2000 Official Edition, the following new chapter:--
CHAPTER 280A.
Section 1. This chapter shall be known as the bail lien and restitution collection act. Where the provisions of this chapter relating to the return of bail posted by or on behalf of a defendant in a criminal matter conflict with the provisions relating to the return of bail in any other general law, special law, rule or regulation, the provisions of this chapter shall control. The provisions of this chapter shall apply to all bail set after August first, two thousand three, regardless of when the alleged offense which gave rise to criminal charges occurred.
Section
2. For the purposes of this chapter, the following terms shall have the following
meanings:
"bail discharge docket" shall be the docket created in
section four;
"bail lien" shall be the lien created by section three;
provided, that such lien shall be created and perfected automatically and immediately
upon imposition of a financial obligation on the defendant;
"bail lien
discharge order" shall be the order proscribed in section four;
"clerk"
shall mean a clerk or assistant clerk of the superior court department, a clerk
or assistant clerk of the district court department, a clerk or assistant clerk
of the Boston municipal court department, a clerk or assistant clerk of the juvenile
court department, or a clerk or assistant clerk of the housing court department;
"financial
obligation" shall mean any order by the court to pay any monies;
"justice"
shall mean a justice or associate justice of the trial court department;
"office
of the district attorney" shall mean the office of the district attorney
having jurisdiction over the criminal matter; provided, that if the prosecution
has been brought by the attorney general, then the term office of the district
attorney shall also be construed to mean the office of the attorney general; provided
further, that the district attorney or attorney general, as the case may be, may
designate the person or persons in his office authorized to accept service provided
for in section four.
Section 3. When a court imposes on the defendant a financial obligation, the clerk of the court shall immediately place a bail lien in the amount of such obligation on any bail posted by or on behalf of said defendant. Said clerk shall not thereafter return any bail to the defendant or the person who posted the bail on behalf of the defendant until: (i) the financial obligation has been fully satisfied, or (ii) the matter has been terminated and the defendant has been discharged by the court, or (iii) a justice of the court by written order that complies with the form proscribed in section four directs the clerk to return the bail to the defendant or the person who posted bail on behalf of the defendant. Except by order of the court, a matter shall not be considered terminated until all financial obligations imposed thereon have been satisfied. Persons authorized to admit a defendant to bail shall inform the defendant or the person posting bail on behalf of the defendant that, in the event that the court imposes any financial obligation on the defendant, a bail lien shall be placed on any bail posted by the defendant or on behalf of the defendant; provided, that it shall be a rebuttable presumption that the defendant or the person posting bail on behalf of the defendant was so informed.
Section 4. A justice may, after a hearing as proscribed herein, order the clerk to discharge in whole or in part a bail lien; provided, that said clerk shall not discharge a bail lien unless he is presented with a written bail lien discharge order bearing the name and signature of said justice which conforms to the format herein proscribed. In addition to the printed name and signature of the ordering justice, the bail lien discharge order shall contain the following information: (i) the name of the defendant; (ii) the case number; (iii) the amount of bail to be returned; (iv) the reasons supporting the order for return of bail; (v) an itemized list of the financial obligations previously imposed on the defendant; (vi) a copy of the motion for the bail lien discharge order; and (vii) a copy of the affidavit in support of such motion. If the justice approves the bail lien discharge order, the original order shall be placed in the case file. One copy of the order shall be placed in the bail discharge docket and shall be a public record open to public inspection. The bail discharge docket may be maintained in printed book form or by electronic means and may be made available for public inspection on the internet.
The clerk shall maintain a bail discharge docket. The clerk shall file in said docket a copy of every bail lien discharge order approved by a justice sitting in his court. There shall be a separate bail discharge docket for each calendar year. The clerk shall annually, not later than February first, cause to be filed with the house and senate committees on ways and means and the joint committee on the judiciary the following information extracted from all bail lien discharge orders filed during the previous twelve months: (i) the name of the defendant; (ii) the amount of bail returned; (iii) the name of the justice ordering the bail returned.
A defendant who posted bail on his own behalf, or the person who posted bail on behalf of the defendant may, by written motion, apply to the court for the issuance of a bail lien discharge order; provided, that such motion shall be accompanied by an affidavit stating the reasons why the court should approve the motion for a bail lien discharge order; provided further, that said affidavit shall not be accepted for filing by the clerk unless it is signed under the pains and penalties of perjury by the moving party; and provided further, that said motion shall not be accepted for filing by the clerk unless accompanied by said affidavit. The motion and accompanying affidavit shall be filed with the clerk and a copy served upon the office of the district attorney not less than three business days prior to any court hearing on the motion; provided, that if the motion involves a case where the court has ordered restitution paid to a victim of a crime, said motion and affidavit shall be filed with the clerk and a copy served upon the office of the district attorney not less than thirty business days prior to any court hearing on the motion. The clerk shall, in accordance with the aforementioned time standards, schedule a hearing on the motion on a date and time that is convenient for the moving party, the victim, if any, the office of the district attorney, and the court. The district attorney shall inform said victim of the motion as well as the date and time proposed for a court hearing on the motion. The victim shall have standing to be heard in opposition or support of the motion. Failure of said victim to appear in court shall not, without more, constitute grounds for approval of the motion. The incarceration of the defendant or the person who posted bail on behalf of the defendant shall not, without more, constitute grounds for approval of the motion. After the hearing, the justice shall have seven business days to consider and take action on the motion.
Section 5. A justice shall not waive, vacate, remit or reduce the financial obligations of a defendant who is incarcerated solely because of the defendant's incarcerated status. The clerk shall note on the mittimus ordering the commitment of the defendant the financial obligations imposed on the defendant, if any. If the defendant is committed to a house of correction, the sheriff shall be responsible for collecting all financial obligations owed by the defendant while in his custody and may attach any monies deposited in or due to be deposited in the canteen fund, so-called, or any other financial account maintained by the defendant or on behalf of the defendant. If the defendant is committed to a facility of the department of correction or a facility of the department of youth services, the commissioner of the department having custody of the defendant shall be responsible for collecting all financial obligations owed by the defendant while in custody of said department and may attach any monies deposited in or due to be deposited in the canteen fund, so-called, or any other financial account maintained by or on behalf of the defendant. Funds collected shall be remitted to the clerk of the court from which the defendant was sentenced. Funds remitted under the provisions of this section shall be applied first toward any restitution owed by the defendant. After the order of restitution is satisfied, funds remitted under this section shall be deposited into the fund proscribed by the general or special law establishing the obligation; provided, that if a fund is not so proscribed, the funds so collected shall be deposited in the general fund.
Section 6. The clerk of each court shall maintain a separate interest bearing account for the receipt of bail and other monies received by the court. Interest accruing on account of funds deposited in said account shall be remitted to the state treasurer and deposited not less than once per month in the general fund. Bail that has been ordered forfeited shall, not later than thirty days after the order of forfeiture, be remitted to the treasurer and deposited in the general fund.
Floor Number: 561 Clerk
Number: 239
INDIGENCY VERIFICATION
Mr. Rosenberg moves to
amend the bill by inserting, after Section ______. The following new Section:-
"SECTION
____. Chapter 211D of the General Laws, as appearing in the 2000 Official Edition,
is hereby amended by striking out section 2A and inserting in place thereof the
following new section:--
Section 2A. Notwithstanding the provisions of any
other law, a criminal defendant charged with a misdemeanor or a violation of a
municipal ordinance bylaw need not be appointed counsel if the judge, at arraignment,
informs such defendant on the record that, if the defendant is convicted of such
offense, his sentence shall not include any period of incarceration. For good
cause, that judge or another judge of the same court may later revoke such determination
on the record and appoint counsel, and upon request, such counsel shall be entitled
to a continuance to conduct any necessary discovery and to prepare adequately
for trial. Any such determination or revocation by a judge shall be endorsed upon
the docket of the case.
It shall be the responsibility of the chief probation
officer assigned to each court to ensure that a defendant claiming to be indigent
meets the definition of indigency promulgated pursuant to the provisions of section
two. Each defendant seeking appointment of counsel shall be interviewed by said
chief probation officer or his designee prior to the appointment of counsel. The
person conducting the interview shall explain to the defendant the definition
promulgated under said section two. The person conducting the interview shall
prepare a written indigency intake report that shall record the results of the
interview and a recommendation of the person conducting the interview whether
or not the defendant is indigent. The indigency intake report shall be signed
by the defendant and the person conducting the interview. By signing the report,
the defendant and the person conducting the interview are certifying that the
information contained therein is true and that the defendant has not concealed
any information relative to his financial status. The completed report shall be
presented to a judge who may adopt or reject the recommendations in the report
either in whole or in part.
Not later than sixty days after the appointment
of counsel, the chief probation officer assigned to the court or his designee
shall complete a re-assessment of the defendant's financial circumstances to ensure
that said defendant continues to meet the definition of indigent promulgated pursuant
to section two. In preparing his re-assessment, said chief probation officer or
his designee may access wage and tax information in the possession of the department
of revenue; provided, that said department is hereby authorized and directed to
provide such information to the chief probation officer or his designee upon request;
provided further, that said chief probation officer or his designee may also access
information in the possession of the department of transitional assistance and
in possession of the department of medical assistance; provided, that said departments
are hereby authorized and directed to provide such information to the chief probation
officer or his designee upon request. Upon completion of his re-assessment, the
chief probation officer shall prepare a written report of his findings. Said chief
probation officer shall sign the report and thus certify whether or not the defendant
continues to meet the definition of indigency promulgated pursuant to the provisions
of section two. Said report shall be filed with the case papers and shall be presented
to the judge presiding at the defendant's next court appearance. If, upon receipt
of said report a judge finds that the defendant no longer meets the definition
of indigency promulgated pursuant to the provisions of section two, he shall revoke
the appointment of counsel and shall allow the defendant a reasonable continuance
to obtain new counsel.
Any person provided counsel under the provisions of
this chapter shall be assessed a counsel fee of two hundred fifty dollars. Said
fee shall not be waived by the court; provided, however, that the court may authorize
the defendant to perform community service in lieu of payment of said fee; provided,
that a defendant seeking to work-off his counsel fee in community service shall
perform ten hours of community service for each one hundred dollars he owes in
legal counsel fees; provided further, that if the defendant claims that he cannot
perform community service due to a disability, the court shall require the defendant
to provide written evidence of disability signed by a doctor licensed to practice
medicine in the commonwealth. Notwithstanding the provisions of any other general
law, special law, or rule or regulation to the contrary, a criminal matter shall
not be terminated and the defendant shall not be discharged if there are outstanding
legal counsel fees owed by the defendant. The clerk shall not release any bail
posted on such criminal matter until the legal counsel fee is satisfied in accordance
with the provisions of this chapter.
The clerk of the court shall within sixty
days of appointment of counsel report to the departments of transitional assistance,
medical assistance, and revenue as well as the registry of motor vehicles the
amount of legal counsel fee owed by the defendant under the provisions of this
chapter. The department of revenue is hereby authorized and directed to intercept
said fee from tax refunds due to persons who have not paid said fee. The departments
of transitional assistance and medical assistance are hereby authorized and directed
to deduct said fee in weekly or monthly increments from the benefit payments of
persons who have not paid said fee. The registrar of motor vehicles shall place
a lien in the amount of the legal counsel fee on the title of a motor vehicle
owned in whole or in part by a person who has not paid said fee. Said lien shall
be released only upon notification from the clerk of the court that the fee has
been collected or worked-off in community service.
Floor Number: 562
Clerk Number: 313
Misdemeanor Offenses as Civil Infraction
Mr.
McGee moves to amend the bill by inserting after Section __ the following new
Section: -
SECTION __. Section 70C of chapter 277 of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in the place thereof the following two sentences:- "At arraignment or pretrial conference, the court may in its discretion treat a violation of a municipal ordinance, or by-law or a misdemeanor offense as a civil infraction. This section shall apply to offenses in section 34 of chapter 94C, and sections 8 and 53A of chapter 272 only upon oral motion by the commonwealth."
Floor Number: 563
Clerk Number: 388
JURISDICTION OF THE WORCESTER AND CLINTON DISTRICT COURTS
Mrs. Chandler moves to amend the bill by inserting, after Section
, the following new Section:-
"SECTION . Section 1 of chapter 218 of the
General Laws is hereby amended by striking out, in line 301, the words "West
Boylston,". Said section 1 of said chapter 218, as so appearing, is hereby
further amended by striking out, in line 310, the words "and Sterling"
and inserting in place thereof the following words:- , Sterling and West Boylston."
Floor
Number: 564 Clerk Number: 414
LAND COURT FEES
Mr. Morrissey and Mr.
Creedon move to amend the bill by inserting after Section 489 the following sections:-
"SECTION
489A. Section 39 of Chapter 262 of the General Laws, as most recently amended
by Chapter 184 of the Acts of 2002, is hereby amended by striking the second paragraph
and inserting in place thereof the following paragraphs:-
For the entry of
every original petition, complaint or writ and transmitting it to the recorder,
when filed with an assistant recorder, two hundred forty dollars. For the entry
of complaint to foreclose tax lien two hundred dollars. An additional fee of ninety
dollars shall be paid for the issuance of an injunction or restraining order.
SECTION 489B. Section 39 of Chapter 262 of the General Laws, as most recently amended by Chapter 184 of the Acts of 2002, is hereby further amended in the eighteenth paragraph by striking out the figure "forty dollars" and inserting in place thereof the following figure:-"fifty."
Mr. Morrissey and Mr. Creedon move to further amend the bill in line item 0334-0001 by striking out the figures "2,679,342" and inserting in place thereof "2,879,342".
Floor Number: 565 Clerk Number: 439
AN AMENDMENT RELATIVE
TO PROBATE AND FAMILY COURTS
Mr. Tarr moves to amend the bill (Senate
bill 2004) by adding, at the end thereof, the following new section: -
"SECTION___.
The Probate and Family Court Department is hereby authorized and directed to evaluate
potential methodologies for, and the feasibility of, allocating funding to its
registries through a system based in total or in part on the number and types
of filings and other tasks completed by each registry or projected to be complete
by each registry. Said department shall convey the findings of its evaluation
to the Clerks of the Senate and House of Representatives Committees on Ways and
Means not later than eight months following the passage of this Act."
Floor
Number: 566 Clerk Number: 472
LAND COURT FEES
Mr. Creedon moves to
amend the bill by inserting after Section 489 the following sections:-
"SECTION
______. Section 39 of Chapter 262 of the General Laws, as most recently amended
by Chapter 184 of the Acts of 2002, is hereby amended by striking the second paragraph
and inserting in place thereof the following paragraphs:-
For the entry of
every original petition, complaint or writ and transmitting it to the recorder,
when filed with an assistant recorder, two hundred forty dollars. For the entry
of complaint to foreclose tax lien two hundred dollars. An additional fee of ninety
dollars shall be paid for the issuance of an injunction or restraining order.
SECTION ________. Section 39 of Chapter 262 of the General Laws, as most recently amended by Chapter 184 of the Acts of 2002, is hereby further amended in the eighteenth paragraph by striking out the figure "forty dollars" and inserting in place thereof the following figure:-"fifty."
Floor Number:
567 Clerk Number: 494
COUNSEL FOR INDIGENT DEFENDANTS STUDY COMMISION
Mr.
Creedon move to amend the bill by adding the following new section:-
"SECTION
. Notwithstanding any general or special law to the contrary, a special commission
consisting of two members of the Judiciary Committee of the House of Representatives,
two members of the Judiciary Committee of the Senate, the Chair of the House Committee
on Ways and Means or his designee, the Chair of the Senate Committee on Ways and
Means or his designee, one justice of the District Court department of the Trial
Court, one criminal defense attorney, the President of the Massachusetts Academy
of Criminal Defense Lawyers or his designee, the Executive Director of the Committee
for Public Counsel Services or his designee, and the President of the Massachusetts
Bar Association or his designee, is hereby established for the purpose of making
an investigation and study of the standards by which indigent counsel are appointed
in the Commonwealth, including but not limited to, the criteria by which justices
determine eligibility for indigent counsel, the compensation of indigent counsel,
and the financial status of any defendant under consideration for appointment
of counsel. Said commission shall report to the General Court the results of its
investigation and study, and its recommendations, if any, together with drafts
of legislation necessary to carry such recommendations into effect by filing the
same with the Clerk of the House of Representatives on or before the first Wednesday
in November, two thousand and three."
Floor Number: 568 Clerk Number:
56
MWRA RETIREMENT SYSTEM
Mr. Havern moves to amend the bill, by
inserting at the end thereof, the following new Section: -
"SECTION_____. Notwithstanding any general or special law, rule, or regulation to the contrary, the Massachusetts Water Resources Authority Retirement System Board is hereby authorized to grant creditable service to a present employee who is a member of said retirement system who served as an employee of the United states House of Representatives and who has completed ten or more years of membership service; provided, however such creditable service shall be determined by said board; further provided that such creditable service shall not be credited until such member has paid into the Massachusetts Water Resources Authority Retirement System, in one sum or in installments, upon such terms and conditions as said Retirement Board may prescribe make-up payments equal to the payments made by the member while in the employment of the United States House of Representatives, plus the accrued interest on said payments."
Floor Number: 569 Clerk
Number: 151
RETIREMENT INCLUSION
Mr. Baddour moves to amend the
bill, in subdivision (1) of section 4 of Chapter 32, by adding the following paragraph:
- "(s) Notwithstanding the definition of "Employee" in section
one of Chapter 32, any person who served in a position paid through an 03 subsidiary
account or as an employee paid by a similar account for any department, agency,
board or commission of the commonwealth or one of its political subdivisions and
who has served in said position or similar position for at least 10 years, may
establish credit for such service; provided, that no credit shall be allowed unless
such members has paid into the Annuity Savings Fund of the system, in one sum
or in installments, upon such terms and conditions as the board may prescribe,
an amount equal to that which would have been withheld as regular deductions for
such previous period had he been a member of the retirement system during the
period the service was rendered; plus regular interest."
Floor Number:
570 Clerk Number: 359
UPDATED OPTION (C) RETIREMENT BENEFIT
Mr.
McGee of Lynn moves to amend the bill by inserting, after Section 195, the
following new Section: -
SECTION 195A Section 1 of Chapter 32 of the General
Laws is hereby amended by striking the definition of "Actuarial equivalent"
and inserting in place thereof the following:
"Actuarial equivalent,"
any benefit of equal value when computed upon the basis of a mortality table to
be selected by the actuary and interest at the rate of seven percent per annum.
SECTION
195B. Notwithstanding the provisions of any general or special law to the contrary,
the public employee retirement administration commission shall review the current
combined table of mortality and select a new table of mortality within 180 days
after the effective date of Section 195A of this act, and thereafter at the discretion
of the actuary. Any member selecting an Option (c) benefit after the effective
date of said section 195A act shall be based on the mortality table selected under
the provisions of this section.
Floor Number: 571 Clerk Number: 376
MUNICIPAL
PENSION APPROPRIATIONS
Mr. McGee moves to amend the bill by inserting,
after Section 202, the
following new Section: -
SECTION 202A. Section
22D of Chapter 32 of the General Laws, as Appearing in the 2000 Official Edition,
is hereby amended by adding at the end thereof, the following subsection:-
(12) Notwithstanding the provisions of this section or of any other general or
special law, in a city, town, district, or authority which accepts the provisions
of this subsection, the appropriation for fiscal year 2004 or fiscal year 2005
may be less than the amount required by the funding schedule adopted pursuant
to this section or subsection 6A of section 22 or pursuant
to a special act;
provided, however, that in no event may the appropriation for such year be less
than the normal cost component of the appropriation required by such schedule.
(a) The decision to accept the provisions of this subdivision shall be made by
the legislative body of the governmental unit, the employees of which are members
of the system. For purposes of this subsection,
"legislative body"
shall mean the board of selectman in a town and the city council in a city. A
notice from the retirement board shall be provided to the respective legislative
body notifying them of the option. Included in this notice shall be a summary
of the existing funding schedule setting forth the normal cost and the amortization
component of fiscal year 2004 or fiscal year 2005
appropriations and a description
of the estimated impact of reducing that appropriation on future appropriations.
This information shall be submitted on or before the fifteenth day subsequent
to the effective date of this subsection. (b) Upon notification by the clerk of
the legislative body of the amount so appropriated, the retirement board shall
notify the actuary. The actuary shall issue a revised appropriation letter in
accordance with paragraph (c) of subsection (7) of section 22. Notwithstanding
the provisions of any general or special law, the amount of the reduction in the
appropriation resulting from the acceptance of this subsection shall be expended
solely for the direct benefit of the employees and retirees of the governmental
unit who are members of the system. The amount of the reduction may be expended
in fiscal years other than the year accepted. (c) In any city, town, district,
or authority which accepts the provisions of this subsection, the retirement board
of said system, shall, on or before January 1, 2004, submit to the actuary a revised
funding schedule that incorporates the impact of reducing the appropriation for
fiscal year 2004 or fiscal year 2005; provided however that, notwithstanding the
provisions of this section or any general or special law, said revised
schedule
and any future updates thereto may be designed to reduce the unfunded actuarial
liability of said system to zero no later than one year after said fully funded
due date if one year is taken, or two years after said fully funded due date if
two years are taken but in no case shall the due date extend beyond June 30, 2028.
(d) In a city, town, district, or authority, the employees of which are members
of a county or regional system, the retirement board of said system shall provide
the notice of the option to adopt this subsection. In any such system in which
the appropriation is allocated in accordance with the proportion that the aggregate
of the annual rates or regular compensation of all members of such system who
are employees of any such governmental unit bears to the total of all such aggregates
for all such members of such system, the actuary shall provide the retirement
board with an estimate of the normal cost component of the appropriation and the
amortization component of the
appropriation required by such city or town for
fiscal year 2004 or fiscal year 2005.
Floor Number: 572 Clerk Number:
411
MWRA RETIREMENT
Mr. Tolman and Mr. Barrios move to amend
the bill by inserting, after Section 569, the following new Section:-
"SECTION 569A. That any individual who has been in the state retirement system for more than thirty-five (35) years, with at least ten (10) or more years of said thirty-five (35) years having been in the employment of the Massachusetts Water and Resources Administration; who, in the course of his/her state employment was exposed to asbestos or other hazardous materials; and who has been diagnosed with an extraneously cancer related illness as well as an extraneously cardio-vascular and/or cardiac related illness, will be eligible for early retirement with surviving spouse benefits at a compensation rate equivalent to his/her current salary, if said individual makes application for an early retirement on or before December 31, 2003."
FLOOR
NUMBER: 573 CLERK NUMBER: 413
REDEVELOPMENT AUTHORITIES
Mr. Tolman moves to amend the bill by inserting, after Section 610, the following new Section:-
"SECTION 611. Subdivision (1) of section 4 chapter 32 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by inserting after paragraph (O ½) the following paragraph:-
(O ¾) Any member eligible to receive a retirement benefit pursuant to the provisions of this chapter, who served as a member of a redevelopment authority for a city or town, in which position he received no compensation, may establish credit for such service by depositing in the annuity savings fund of the system of which he is a member a sum equal to the amount which would have been paid into such fund during such period if such position had been compensated at the rate of $2,500 per year, plus regular interest to the date of payment. This paragraph shall apply only to persons who served as a member of a redevelopment authority in a city or town that accepts this paragraph, in a town or city by a vote of the local retirement board or any "town known as the city of" by its retirement board, provided however that the provisions of this paragraph shall not apply to any member first elected and/or appointed on or after January 1, 1990."
Floor Number: 574
Clerk Number: 479
PUBLIC EMPLOYEE RETIREMENT ADMIN. COMM.
Mr. Creedon and Mr. Joyce move to amend bill by adding the following section:
SECTION Notwithstanding any general or special law to the contrary, prior to any change in the retirement contribution required to be paid by members of the retirement system, the Public Employee Retirement Administration commission shall file with the House and Senate Committees of Ways and Means an actuarial report on the fiscal impact of any increase or decrease of such retirement contribution
Floor
Number: 575 Clerk Number: 575
AN AMENDMENT RELATIVE TO THE HYNES CONVENTION
CENTER
Mr. Tarr moves to amend the bill by adding, at the end thereof,
the following new section: -
"SECTION___. The Secretary of Administration
and Finance and the Commissioner of the Department of Capital Asset Management
are hereby authorized and directed to study the feasibility of leasing the facility
known as the Hynes Convention Center for market-rate consideration for a purpose
suitable to the facility and the Commonwealth for a period of not less than five
years. Said study shall take into account the current costs of maintaining and
operating said facility and the costs and benefits of various leasing arrangements.
The Secretary shall report the findings of said study to the Clerks of the Senate
and House of Representatives not later than six months following the passage of
this Act."
Floor Number: 576 Clerk Number: 7
ESTABLISHMENT OF
A LOCAL ADVISORY BOARD AT THE MASSACHUSETTS PORT AUTHORITY
Ms. Fargo
Messrs. Hedlund and Shannon, Jr. move to amend the bill by inserting, after Section
__, the following new Section: -
"SECTION __. Chapter 465 of the Acts
of 1956 is hereby amended by adding after section 35 thereof the following new
Section:-
Section 36. (a) There shall be an advisory board to the authority
consisting of a voting representative of each of the following cities and towns:
Bedford, Braintree, Brookline, Cambridge, Chelsea, Cohasset, Concord, Everett,
Hingham, Hull, Lexington, Lincoln, Lynn, Malden, Melrose, Medford, Milton, Nahant,
Quincy, Revere, Somerville, Weymouth, Winthrop and Worcester; provided further,
that the city of Boston shall have five voting representatives, one of whom shall
be a resident of the Beacon Hill or South End sections of the city of Boston,
one of whom shall be a resident of the East Boston section of the city of Boston,
one of whom shall be a resident of the Dorchester or Roxbury sections of the city
of Boston, one of whom shall be a resident of the Charlestown or South Boston
sections of the city of Boston, one of whom shall be a resident of the Roslindale,
Jamaica Plain or Hyde Park sections of the city of Boston. The members of the
advisory board shall consist of the chief executive officer thereof; provided
however, that any chief executive officer, by writing filed with the authority,
may appoint a permanent designee to serve in his stead as a member of said advisory
board until the expiration of each term of office of the designating chief executive
officer or the earlier vacancy of the office of the designating chief executive
officer; provided further, that if the chief executive officer of the city of
Boston opts to serve as the representative for the city of Boston to the advisory
board, he shall be deemed to represent the forgoing sections of the city of Boston;
provided further that a permanent designee shall be versed in at least one of
the following three disciplines: environmental affairs, community/airport relations
or public health. For the purpose of this section, the term "chief executive
officer" shall mean the person designated as the chief executive officer
under the provisions of a local charter or laws having the force of a charter,
and otherwise the mayor in every city and the chairman of the board of selectmen
or president of the town council, as the case may be, in every town.
(b) Accept
as otherwise proscribed in this section, each voting representative shall cast
one vote on the advisory board. Each voting representative of the several sections
of the city of Boston as listed in paragraph (a) shall cast one vote. Wherein
the chief executive officer of the city of Boston shall opt to serve as the representative
to the advisory board for the city of Boston, he shall cast five votes.
(c)
Said advisory board may act at a regular periodic meeting called in accordance
with its by-laws or at a special meeting called by the authority or if a majority
of the cities, towns and sections of the city of Boston referred to in paragraph
(a) choose to do so. For the purposes of the forgoing provision, each city, town
and section of the city of Boston referred to in paragraph (a) shall count as
one. Except as specially provided in paragraph (f), a quorum of the advisory board
shall consist of a simple majority of voting members present, and the advisory
board may act, except as otherwise provided in paragraph (f), by affirmative casting
of a majority of the votes represented in the quorum. The advisory board shall
be deemed to be a governing body for the purposes of, and shall be subject to
section 11A½ of chapter 30A of the General Laws, as appearing in the 2000
Official Edition.
(d) For the conduct of its business said advisory board shall
adopt and may revise and amend by-laws. Said advisory board shall annually elect
a chairperson, a vice-chairperson, a secretary and such officers as said advisory
board might determine. Each officer may be removed by a two-thirds vote of the
advisory board without cause. In the event of a vacancy, said board shall fill
the vacancy for the unexpired term. Each member of said advisory board shall serve
without compensation but may be reimbursed, as an expense of said advisory board,
for all reasonable expenses incurred in the performance of his duties as approved
by the advisory board.
(e) The purposes of the advisory board shall be as follows:
(i)
to appoint one member of the board of directors of the authority, as provided
for in section 2 of this chapter, as amended by section 2 of this Act, and in
the manner proscribed in paragraph (f) of this section;
(ii) to make recommendations
to the authority on annual current expense expenditure budgets submitted to the
advisory board under paragraph (j);
(iii) to hold hearings, which may be held
jointly with the authority at the discretion of the advisory board and said authority,
on matters relating to said authority;
(iv) to review the annual report of
the authority and to prepare comments thereon to the authority and the governor,
and to make such examinations of the reports on the authority's records and affairs
as the advisory board deems appropriate; and
(vi) to make recommendations to
the governor and the general court respecting the authority and its programs.
The advisory board shall have all powers necessary or convenient to carry out
and effectuate the foregoing purposes.
(f) One member of the board of directors
shall be appointed by the advisory board in accordance with section 2 of this
chapter, as amended by section 2 of this Act. The member of the board of directors
so appointed may also be a member of said advisory board. Said advisory board
shall appoint successor members, who shall replace that member of the board of
directors appointed by the advisory board whose term has expired or otherwise
terminated. With respect to appointment of any member of the board of directors
the advisory board shall act only if a special quorum is present consisting of
two-thirds of voting members, and then only by an affirmative vote of two-thirds
of the voting members.
(g) Within thirty days of receiving any proposed current
expense budget of the authority or within fifteen days of receiving any proposed
amended expense budget of the authority, the advisory board shall hold a public
hearing on matters relating to said budget for the purpose of ascertaining, for
subsequent report to the authority if necessary, the views of the public thereon.
(h)
The advisory board shall provide for the appointment of an ombudsman who, with
the assistance from such staff and consultants as the advisory board may authorize
and appoint, shall act for and in the name of the advisory board in the following
respects:
(i) preparation of analysis for the advisory board of the authority's
current expense budgets, capital expenditure budgets and capital programs and
their effect on the charges of said authority;
(ii) representation of the advisory
board to said authority on all matters pertaining to said authority's programs,
operations, finances and charges;
(iii) reporting regularly to the advisory
board on the activities of the ombudsman and other staff of the advisory board,
on the affairs of the Authority, and on the effect of the authority's program
and operations on residents of neighboring communities.
(iv) exercising such
other duties and responsibilities consistent with the powers of the advisory board
as the advisory board may assign from time to time.
(i) The advisory board
may incur annual expenses, not to exceed $150,000 for expenses authorized under
paragraph (c) and for personnel and office expenses. Said annual expenses shall
be paid by the authority.
(j) The authority shall provide any information,
including but not limited to annual current expense expenditure budgets and capital
expenditure reports, requested by the advisory board which are necessary for the
discharge of its duties.
Floor Number: 577 Clerk Number: 174
GREENBUSH
STUDY
Messrs. Hedlund, Tarr, Knapik, Lees, Tisei, and Ms. Sprague move
to amend the Senate Bill 2004 by inserting at the end of thereof the following
new Section:-
"SECTION____. No funds shall be expended to further the
restoration of the Greenbush commuter rail line until such time as the secretary
of administration and finance and the secretary of the executive office of environmental
affairs have receives and reviewed for accuracy the results of a study of the
following 2 issues:
1. The economic and environmental impacts of diesel commuter
rail lines in contrast with alternative forms of public transportation including,
but not limited to, commuter boats, cars and electric commuter rail service, including
analysis of each form of transportation and its impact on ozone depletion, and;
2.
The cost of transit mandates required by agreement of the department of environmental
protection, the executive office of transportation and construction, the department
of highways and the Conservation Law Foundation, for the purpose of determining
whether those costs should be reflected in the central artery financial program.
A
report of the results of the review shall be filed with the joint committee on
transportation and the clerks of the Senate and House of Representatives on or
before December 30, 2003; provided further that the cost of said study shall not
exceed $100,000.".
Floor Number: 578 Clerk Number: 178
FOUR QUADRANT
GATES STUDY
Messrs. Hedlund and Tarr move to amend the Senate Bill
2004 by inserting at the end of thereof the following new Section:-
"SECTION____.
No funds shall be expended to further the restoration of the Greenbush commuter
rail line until such time as the Massachusetts Bay Transportation Authority completes
a study on the feasibility of installing four-quadrant gates at all grade crossing
on the Greenbush commuter rail line. A report of the results of the review shall
be filed with the joint committee on transportation and the clerks of the Senate
and House of Representatives on or before December 30, 2003; provided further
that the cost of said study shall not exceed $100,000.".
Floor Number:
579 Clerk Number: 194
ESTABLISHMENT OF A TRANSPORTATION REVIEW ADVISORY COUNCIL
Mr.
Montigny moves to amend the bill by inserting, after Section 609, the following
new Section:-
SECTION 609A. (a) Notwithstanding any provision to the contrary,
a transportation review advisory council is hereby established to review and comment
on proposed major transportation projects.
(b) The transportation review advisory
council shall consist of 10 voting members including the governor or his designee;
3 members of the public at large appointed by the governor; the house and senate
chairs of the committees on transportation, long-term debt and capital expenditures,
and local affairs in the of representatives or their respective designees. The
secretary of transportation shall serve as a non-voting member unless the secretary
is named as the governor's designee. The council shall elect a chair from among
its membership.
(c) The transportation review advisory council shall establish
criteria for evaluating major transportation projects under consideration by the
commonwealth. The criteria for review shall be established on or before December
31, 2003. The secretary of transportation shall submit proposed criteria to the
council on or before September 30, 2003. The council may hold public hearings
in various regions of the commonwealth to receive public input regarding establishing
criteria. The council shall accept written public comment until October 31, 2003.
(d) The secretary of transportation shall report to the council not later
than July 15 of each year, beginning in the year 2004. The secretary's report
shall consist of a list of all major transportation projects under consideration
by the commonwealth and a list of proposed projects for study that have the potential
of being major transportation projects once a draft environmental impact statement
has been completed. The report shall include the secretary's plan for funding
and implementation of each project.
(e) The transportation review advisory
council shall review, utilizing the established criteria, each project listed
in the report submitted under paragraph (d) of this section and shall make comment
on the report to the governor and legislature by September 30, 2004 and by September
30 of each year thereafter .
(f) A major transportation project shall be any
project that meets each of the following criteria:
(1) involves the executive
office of transportation and construction.
(2) has a total cost of more than
$5,000,000.
(3) is a critical element of the transportation system of its region
and the state, and
(4) is a project for which a draft environmental impact
statement has been completed.
(g) The commonwealth shall not construct a major
transportation project without first submitting the project to the transportation
review advisory council. Within any six year period, the commonwealth may not
construct transportation project consisting of separate contiguous projects that
do not individually qualify as major transportation projects, but which in their
entirety would constitute a major transportation project, without first submitting
the project to the transportation review advisory council.
Floor
Number: 580 Clerk Number: 195
Rail-Trail Revitalization Of Certain Discontinued
MBTA Rights-of Way
Ms. Resor moves to amend the bill (Senate 2300) by
inserting, after Section 611, the following new SECTION:-
SECTION___. Chapter
21E, Section 2, Definitions of the General Laws is hereby amended by inserting
the following language:- In subparagraph (a) section (10) after the words "of
such site or vessel and" in line 207 inserting the following:- "except
in the case of a discontinued Massachusetts Bay Transportation Authority right-of-way
of which a city or town has ownership or possession for rail-trail purposes under
subparagraph (d)(1) of this definition, any person who owned or operated such
site or vessel immediately prior to the Massachusetts Bay Transportation Authority
obtaining ownership or possession of such site or vessel".
AND
Ms.
Resor moves to further amend Chapter 21E, Section 2, Definitions, by inserting
the following language in subparagraph (d) section (1) after the words "chapter
sixty, respectively" in line 416 the following :- "or has acquired the
site from the Massachusetts Bay Transportation Authority for purposes of the installation,
operation, maintenance and use of a rail-trail (defined as a property converted
from former use as a railroad right-of-way to a revitalized use as a publicly
owned, improved and maintained corridor for bicycle, pedestrian, and other non-vehicular
public transportation and recreation purposes)".
AND
Ms. Resor further
moves to amend Chapter 21E, Section 2, Definitions, by striking all language in
subparagraph (C) beginning in line 431 after the words "by fencing"
and inserting the following:- ", paving, installing geo-textile membrane,
or otherwise suitably preventing access to the site or vessel or to the oil or
hazardous materials present at the site, and (ii) contain the further release
or threat of release of oil or hazardous materials from a structure or container";
AND
Ms.
Resor further moves to amend Chapter 21E, Section 2, Definitions by inserting
language in subparagraph (F) in line 445 after the words "site or vessel"
the following:-
"or, in the case of a site acquired from the Massachusetts
Bay Transportation Authority for purposes of the installation, operation, maintenance
and use of a rail-trail, the city or town acts diligently to develop the rail-trail
for its intended purpose".
AND
Ms. Resor moves to further amend Chapter
21E, Section 2, Definitions by inserting language in subparagraph (F) in line
450 after the words " clause (5) of paragraph (c)" the following:- "Whether
the city or town is acting or has acted diligently to develop the rail-trail for
its intended purpose shall be determined by considering all pertinent circumstances
of municipal financing, bidding, and construction of the rail-trail project, and
of the availability of and rules governing the applicable State or Federal funding
program therefore, in light of the discovery of the release or threat of release
of oil or hazardous materials at issue".
Floor Number: 581 Clerk
Number: 246
THE NORTH TO SOUTH RAIL
Mr. Baddour moves to amend the
bill by inserting, after Section ___ the following new Section: -
"SECTION
___. Not withstanding any special law or act to the contrary, The Secretary of
the Executive Office of Transportation and Construction shall issue a report,
including findings and a recommendation by September 15, 2003 to the Senate and
House Committees on Ways and Means and the Joint Committee on Transportation with
regard to the continuation of the design, planning and construction of the North-South
Rail Link, so-called. Said report by the Secretary shall include a specific recommendation
as to whether continued and future Commonwealth financial support is warranted
for this project, including the identification of the estimated cost of the project
for construction, equipment and maintenance, its relative benefit to the public
and the prospects, if any, for financial support from the federal government.
Floor
Number: 582 Clerk Number: 249
HART - NORTH SOUTH RAIL LINK
Mr. Hart moves to amend the bill by inserting, after Section ______, the following new Section:-
"Section _____. The Secretary of EOTC shall issue a report (by Dec.31st 2003) to the Senate and House committees on Ways and Means and the Joint Committee on Transportation with regard to the North/South Rail Link Project between North Station and South Station in Boston. The Secretary shall report on the economic, environmental and transportation benefits of the North/ South Rail Link both as a completion and extension of Amtrak's Northeast Corridor and as the connector of the existing northside and southside commuter rail system to form a unified regional commuter rail system. The Secretary shall report on the specific benefits to Massachusetts of creating an intercity rail system that connects its urban cores, including its mid-size cities throughout the state and region. The Secretary shall report on the "Environmental Justice" benefits associated with constructing the North/South Rail Link. The Secretary shall report on the costs and effects of not constructing the North/South Rail Link on the economy, environment, and transportation system in Massachusetts including the effects on commuter rail, highway and airport congestion, and on the rail capacity constraints at North Station and at South Station that will affect both commuter rail and Amtrak's Acela and Downeaster service. The Secretary shall also report on the operational efficiencies created by a unified regional rail system formed by the construction of the North/South Rail Link. The Secretary shall also send to each member of the Legislature a copy of the Draft MIS/EIR/EIS, including the Citizens Advisory Committee (CAC) comments thereon."
Floor
Number: 583 Clerk Number: 264
HART - MASSPORT
Mr. Hart moves
to amend the bill by inserting, after Section_____, the following new Section:-
"SECTION_______.
If a person fails to appear in accordance with a notice to appear issued pursuant
to a Massachusetts Port Authority regulation or fails to pay in a timely manner
a violation issued pursuant to such regulations after having received notice thereof,
the authority shall notify the registrar who shall place the matter on record
and shall not renew the license to operate a motor vehicle or the registrations
of any vehicles owned by such person until the matter has been disposed of in
accordance with applicable law or regulations. If a person is found to be a resident
of another state or jurisdiction, the registrar shall revoke the violator's right
to operate in the commonwealth until the matter has been disposed of in accordance
with applicable law or regulation. The liability of lessons of motor vehicles
for violations on facilities owned by the authority shall be governed by authority
regulations in a manner consistent with the provisions of section 20E. The registrar
shall prescribe the manner, form and content of any notice received from the authority
to take such action."
Floor Number: 584 Clerk Number: 424
SOUND
BARRIER AT GINA CIRCLE IN FRAMINGHAM
Mr. Magnani of Framingham moves
to amend the bill at the end thereof, by inserting the following new section:
"SECTION ________. "Notwithstanding any general or special law to
the contrary the executive office of transportation and construction shall submit
to the joint committee on transportation no later than January 1, 2004 a study
on the feasibility of building a berm or sound barrier along Gina Circle in Framingham.
Floor Number: 585 Redraft Clerk Number: 425
ALTERNATIVE METHODS OF
CONSTRUCTION
Mr. Lees moves to amend the bill by inserting at the end
thereof the following new section:
"SECTION ______. Notwithstanding the
provisions of any general of special law to the contrary, the Massachusetts Port
Authority may utilize alternative methods for the procurement of design and construction
services without such procurement being subject to the competitive bid processes
set forth in the Massachusetts General Laws chapter 7, sections 38A1/2 through
38O, chapter 30 section 39M, and chapter 149 sections 44A through M."
Floor
Number: 586 Clerk Number: 582
MBTA FARE PRICING
Mr. Barrios and
Ms. Wilkerson move to amend the bill by inserting after section 453 the following
section:-
"SECTION 453A. Section 11 of said chapter 161A, as so appearing,
is hereby amended by inserting after the second paragraph the following paragraph:-
Section 11B. No fare increases shall be implemented by the board until the board
provides its riders with the following quality service improvements:
a) free
subway-to-bus transfers, and bus-to-subway transfers that shall cost no more than
the difference between the standard bus and subway fares; and
b) fare pricing
policy that shall consider, among other factors, distance traveled and peak and
off-peak use by commuters;
c) a plan to narrow the difference in per rider
subsidy between the commuter rail, subway and bus riders.";
and by inserting
after section 580 the following section:
"SECTION 580A. No initial fare
increase shall be implemented by the Massachusetts Bay Transportation Authority
pursuant to the second paragraph of section 11 of chapter 161A of the General
Laws until the board of directors of the authority implements the following quality
service improvements:
a) acquisition of not less than 100 new, clean-fuel buses
to expand the authority's bus fleet and for the placement of buses currently in
service on routes that experience consistent overcrowding; and
b) extension
of the time for use of MBTA student passes from 8 p.m. to 10 p.m.
Floor
Number: 587 Clerk Number: 266
HART - U/MASS
Mr. Hart moves to amend
the bill by inserting, after Section_____, the following new Section:
"SECTION
________. Notwithstanding any general or special law, rule or regulation to the
contrary, the development of any of the parcels of land in the area known as Columbia
Point in the city of Boston, as described in chapter 898 of Acts of 1969, for
dormitory facilities for students by the University of Massachusetts Building
Authority shall be subject to and meet the requirements of chapter 665 of the
Acts of 1956, as amended, including but not limited to large project review as
provided in Article 80 of the Boston Zoning Code. Any such development shall require
two-thirds roll-call vote of both branches of the Legislature."
Floor
Number: 588 Clerk Number: 470
APPROPRIATION FOR TUITION - UNIVERSITY
Mr.
Rosenberg moves to amend the bill by inserting after Section 58 the following
new section:-
"SECTION 58A. There is hereby appropriated from the general
fund $93,500,000 for the operation and maintenance of the university of Massachusetts
said amount to be in addition to the amount appropriated in line item 7100-0200
of section 2 of this act. Said amount shall be subject to the same terms and conditions
of said item; provided, that this section shall not take effect if Section 58
of this act, or any other provision of law which provides for full tuition retention
by said university, becomes effective as part of the General Appropriation Act
for fiscal year 2004.
Floor Number: 589 Clerk Number:
473
FINANCIAL REPORTING - UNIVERSITY OF MASSACHUSETTS
Mr. Rosenberg
moves to amend the bill by inserting, after Section XX, the
following new
Section: -
SECTION ___. Chapter 75 of the General Laws, as so appearing, is
hereby amended by inserting after section 7, a new section as follows:-
Section
7A. The Board of Trustees of the University of Massachusetts is hereby directed
to file annually with the Board of Higher Education and the Senate and House Committees
on Ways and Means a budget for the office of the President of the University for
the subsequent fiscal year. Said budget shall detail revenues and expenditures
by each category of expense that is proposed for the Office of the President,
the University of Massachusetts Building Authority, the University of Massachusetts
Foundation and any other entities or administrative units which may be created
to fulfill the responsibilities of the central office. Said budget submission
shall also include proposed expenditures and projected revenues for all centrally
managed, shared administrative services for the various campuses which is located
in the President's office or in any other location but under the control of the
President's office. Such budget submissions shall detail the number of employees
within each entity or administrative unit, the source of funding for each entity
or administrative unit, and any contributions required by the individual campuses
to fund each budgeted expense. At the conclusion of any fiscal year in which the
actual spending within a budgeted category deviates from the budget filed with
the Board of Higher Education and the Committees on Ways and Means, the Trustees
shall file a report with said Board and Committees, which explains the deviation.
Floor
Number: 590 Clerk Number: 256
HART - VETERAN'S
Mr. Hart moves to
amend the bill by inserting, after Section ________, the following new Section:-
"SECTION ________. SECTION 1. Section 1 of chapter 115 of the 1998 Official
Edition is hereby amended by striking out lines 52 through 57, and inserting in
place thereof the following:- "Full-time Veterans' Service officer"
shall mean a veteran, as defined in clause Forty-third of section seven of chapter
four, appointed under section three to disburse benefits, and who is trained and
certified by the department of veterans' services in accordance with regulation
published pursuant to this chapter and who works the regular hours full-time employees
in the city, town or district wherein he is employed but not less than thirty-five
hours per week performing the duties of the veterans' service officer. "Part-time
Veterans' Service officer" shall mean a veteran, as defined in clause Forty-third
of section seven of chapter four, appointed under section three to disburse benefits,
and who is trained and certified by the department of veterans' services in accordance
with regulation published pursuant to this chapter and who works such hours as
is necessary to carry out his responsibilities under this chapter, but in no event,
less than five hours a week, during regular working hours at the office of the
department of veterans' services in the city or town where he is employed.
SECTION 2. Section 2 of Chapter 115, as so appearing, is hereby amended by striking
out in line 1, the word: "agents" and inserting in place thereof the
words: service officers.
SECTION 3. Said section 2 of Chapter 115, as so appearing,
is further amended by striking out in lines 21, 22, 71 and 78, the words:- "agent"
and inserting in place thereof the words:- service officer.
SECTION 4. Section
2A of Chapter 115, as so appearing, is hereby amended by striking out in lines
2, 6, 7, 11, the word:- "agent" and inserting in place thereof the words:-
service officer.
SECTION 5. Section 3 of Chapter 115, as so appearing, is
hereby amended by striking out in lines 23 5, 8, 10, 14, 18, 20, 22, the word:-
"agent" and inserting in place thereof the words:- service officer.
SECTION 6. Section 4 of Chapter 115, as so appearing, is hereby amended by striking
out in lines 10, and 15 the word:- "agent" and inserting in place thereof
the words:- service officer.
SECTION 7. Section 5 of Chapter 115, as so appearing,
is hereby amended by striking out in lines 29, 57, 60, 69, and 85, the word:-
"agent" and inserting in place thereof the words:- service officer.
SECTION 8. Section 5 of Chapter 115, as so appearing, is further amended by striking
out in line 103, the "budget," and inserting in place thereof the words:-
schedule of benefits.
SECTION 9. Section 5A of Chapter 115, as so appearing,
is hereby amended by striking out in lines 5, 25, 42, and 48 the word:- "agent"
and inserting in place thereof the words:- service officer.
SECTION 10. Section
6 of Chapter 115, as so appearing, is hereby amended by striking out in line 13,
the word: "agent" and inserting in place thereof the words: service
officer.
SECTION 11. Section 7 of Chapter 115, as so appearing, is hereby
amended by striking out in line 2, the words; "veterans' agent" and
inserting in place thereof the words: veterans' service officer.
SECTION 12.
Section 15 of Chapter 115, as so appearing, is hereby amended by striking out
in lines I and 2, the words:- "department of corporation and taxation"
and inserting in place thereof the words:- department of revenue.
SECTION
13. Section 2 of Chapter 115, as so appearing, is hereby amended by deleting the
third paragraph thereof and inserting in its place the following:- Any person
aggrieved by a decision of the commissioner's operations division, or by the failure
of a city, town or district to render adequate veterans' benefits or to approve
or reject an application for veterans' benefits within three days of receiving
such application, or aggrieved by the withdrawal of such benefits, shall have
the right to appeal to the
commissioner's department for an administrative
hearing. The right to a hearing shall be exercised by filing a written appeal
with the department within 21 calendar days of receipt of notice of said decision,
action or failure to act of which the party is aggrieved. The hearing shall be
conducted in accordance with the Administrative Procedures Act. No benefits shall
be reduced, suspended, or terminated unless the aggrieved person fails to file
a timely appeal. Any person aggrieved by such an administrative decision, shall
have a right to appeal within ten days of receipt of written notice, to the division
of administrative law appeals established within the executive office of administration
and finance pursuant to section four H of chapter seven, hereinafter in this section
referred to as "the division". A hearing on such appeal held pursuant
to this paragraph shall be conducted as an adjudicatory proceeding under chapter
thirty A. The division shall issue its decision within ninety days after the day
of the filing of the appeal, except that when an aggrieved person appeals the
rejection of his application for veterans' benefits or the failure to act on said
application or the failure of a city or town to render assistance to meet an emergency
or hardship situation, the division shall render and issue its decision within
forty-five days after the date of filing of said appeal.
The decision of the
division shall be subject to judicial review in accordance with the provisions
of chapter thirty A. The time for commencing such an action for judicial review
shall run from the receipt of notice of the decision of the division. In such
an action for judicial review, the record shall consist of (a) the entire proceedings
before the division of administrative law appeals or (b) such portions thereof
as the commissioner and the parties may stipulate, or (c) a statement of the case
agreed to by the commissioner and the parties.
SECTION 14. Section 2A of Chapter
115, as so appearing, is hereby amended by deleting said section and inserting
in its place the following:-
If the department's administrative hearing officer
decides a controversy between an applicant and a veterans' agent relative to the
validity or amount of a claim for veterans' benefits, as provided in section two,
in favor of the applicant, the said veterans agent shall forthwith make payment
to the applicant in accordance with said decision notwithstanding any appeal therefrom
by the veterans' agent. If the division of administrative law appeals sustains
the appeal of said veterans' agent as to the validity of such claim, payment to
the applicant shall thereupon cease and all amounts paid to the applicant shall
be reimbursed by the commonwealth in the manner provided in section six. If the
division of administrative law appeals sustains the appeal of said veterans' agent
as to the amount of such claim, payment to the applicant of any amount in excess
of the amount approved by the division of administrative law appeals shall thereupon
cease and all amounts paid to the applicant in excess of the amount so approved
shall be reimbursed by the commonwealth in the manner provided by said section
six. The decision of the department's administrative hearing officer, in accordance
with the provisions of said section two, may be enforced by the superior court
on a petition in equity.
SECTION 15. Section 3 of chapter 115, as so appearing,
is hereby amended by deleting the first paragraph and inserting in its place,
the following:-
The mayor of each city, except Boston, and the selectmen of
each town, shall appoint a veterans' service officer to act for him or them in
the disbursement of veterans' benefits by such city or town; provided, however,
that in each town having a part time veterans' agent the town clerk shall receive
applications and assist applicants for veterans' benefits, and shall turn over
said applications to the veterans' services officer. Two or more contiguous towns
may, by vote of the selectmen, appoint one person to serve as veterans' service
officer for such towns and may apportion the payment of compensation among such
towns.
Any person who is appointed to the position of veterans' service officer
and who is certified by the Massachusetts Department of Veterans' Services as
a trained veterans' services officer, and has held such position for not less
than three years, shall not be involuntarily separated from such position except
subject to and in accordance with the provisions of sections forty-one to forty-five,
inclusive, of said chapter thirty-one to the same extent as if said office or
position were classified under said chapter SECTION 16. Said chapter 115 is hereby
amended by inserting after section 3, thereof the following new section:-
Section 3B: (1) Notwithstanding any provision of law to the contrary, any city
or town having a part-time veterans' service officer or part-time director of
veterans' services, shall at the end of the term of such service officer or director,
whether by resignation, retirement or otherwise, either join a veterans' service
district in the manner provided by section ten of chapter one hundred and fifteen
of the General Laws, or appoint a full-time service officer or director of veterans'
services. (2) The provisions of sub-section (1) shall not apply to any city or
town as long as the incumbent of the office of part-time veterans' service officer
or part-time director of veterans' services in such city or town, on the effective
date of this act continues to hold such office by reappointment.
(3) The provisions
of sub-section (1) shall not apply to any town having a population of less than
twelve thousand persons.
SECTION 17. Section 2 of chapter 115, as so appearing,
is hereby amended by deleting the fifth paragraph and inserting in its place the
following:-
Upon the written request of any mayor of a city or the selectmen
of a town, or upon the written request of veterans' service officer or director
of veterans' services or any five veterans or dependents, or upon any allegation
brought to the Department's of Veterans' Services, or based upon any independent
finding by the department, which warrants an investigation, the commissioner shall
investigate any matter relating to the administration therein of the provisions
of this chapter and the expenses of such investigation shall be certified by him
to the state treasurer who shall collect the same as an additional tax upon such
city, town or district. If commissioner determines after such investigation, that
the specify what changes shall be made in order to comply with the provisions
herein, and the city, town or district shall make the changes so specified as
soon as it can be done with reasonable diligence. If such city, town or district
fails to comply with any such order it shall be punished by a fine of not less
than fifty dollars or not more than five hundred dollars for each week it remains
in violation of a provision herein. Each violation of a provision of the chapter
shall be deemed a separate violation. The fines assessed hereunder shall be certified
by him to the state treasurer who shall collect the same as an additional tax
upon such city, town or district.
SECTION 18. Section 5 of chapter 115,
as so appearing, is hereby amended by striking out the first paragraph and inserting
the following:- Veterans' benefits shall be paid to a veteran or dependent by
the city or town wherein he resides.
SECTION 19. Section 5 of chapter 115,
as so appearing, is further
amended by striking out in line 44, the word "idleness"
and inserting in place thereof the word:- unemployment.
SECTION 20. Section
5 of chapter 115, as so appearing, is further amended by striking out in line
44, the words "continuous vicious habits" and inserting in place thereof
the words:- unwholesome habits