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WITHDRAWN
WITHDRAWN
Mr. Augustus moved that the bill amended by inserting after Section___, the following new Section:-
“Section___. Section 56 of Chapter 6 of the Massachusetts General Laws, as appearing in the 2004 Official Edition, is hereby amended in line 26 by striking out the words “cities of New Bedford and Springfield.” and inserting in place thereof the following words:- “cities of New Bedford, Worcester and Springfield.”
Ms. Tucker and Mr. Barrios moved
that the bill be amended, in Section 2, in item 0840-0100 , by striking out the
figure “453,889” and inserting in place therefore the following figure:-“596,776.”
Ms. Tucker moved
that the bill be amended, in Section 2, in item 1102-3206 by inserting after
the words “each bond authorization;” the following:- “provided further, the
division shall release its reversionary interest in a parcel of land conveyed
to the town of Tewksbury by a deed authorized through chapter 564 of the acts
of 1956.”
WITHDRAWN
WITHDRAWN
GOV 513
Mr. Moore moved that the bill
amended, in Section 2, in item 0526-0100 by inserting the following:- “provided
that $157,000 shall be paid to Consigli Construction Company, Inc. of Milford,
Massachusetts to reimburse them for restoration and relocation of a historic
town owned building, the Milford Granite Elementary School
WARE VETERANS MEMORIAL
Mr. Brewer moved that the bill amended, in Section 2, in item 1410-0010, by inserting at the end the following wording:- “; provided further, that $50,000 shall be transferred to the town of Ware to design and plan the excavation of the Veterans Memorial Park”
And further amends the item by striking the figure “$2,012,187” and inserting in place thereof the following figure:- “2,062,187”
WITHDRAWN
ETHICS COMMISSION
Messrs. Lees, Tisei, Tarr, Hedlund,
Knapik and Brown moved that the bill be amended, in Section 2, in item 0900-0100
by striking out the figure “$1,535,370” and inserting in place thereof the
following figure:- “$1,626,112”
ONLINE TOBACCO SALES
Messrs. Lees, Tarr and Brown moved that the bill be amended by inserting, after Section _____, the following new Section:-
“Section___. Chapter
64C of the General Laws, as appearing in the 2000 Official Edition, is hereby
amended by inserting after section 10 the following new section:-
Section 10A. Online Cigarette Sales.
It is unlawful for any public
or private postal or package delivery service to knowingly deliver a tobacco
product to a person under the age of 18 years. A tobacco product shall not be
accepted for delivery by such a package delivery service if the package does
not have affixed thereto a label which plainly and visibly states that the
package contains tobacco and that it is not for delivery to any person under
age 18. Any public or private postal or package delivery service that knowingly
delivers a tobacco product directly to a purchaser shall:
(a). Deliver solely to the
purchaser at the address given by the purchaser as specified on a valid
Massachusetts driver’s license, passport, state issued identification, United
States military identification, or immigration card.
(b). Require the signature of the purchaser.
(c). Receive and inspect the
identification of the purchaser showing the purchaser's date of birth to verify
that he is 18 years of age or older.
(d). Receive an attestation from the
purchaser, on a form prepared by the delivery service, certifying that the
information on the identification required under subsection (a) of this section
truly and correctly identifies the purchaser, his current address and age. The
certification shall be retained on file by the distributor for no less than one
year.
(e). Submit a copy of the invoice for each
delivered package to the Department of Revenue which shall ensure that the
appropriate excise taxes are paid thereon. To be accepted by the delivery
service, each invoice shall include the name and address of the purchaser, the
brand, and the type and quantity of tobacco.
Any person who delivers a tobacco
product in violation of this act shall be fined no less than $250 or more than
$1,000 for each offense. A person who falsely certifies information required by
this act shall be fined no less than $100 or more than $500 for each offense.”
GOV
COMMONWEALTH SEWER RATE RELIEF FUND
Mr. Tarr moved that the bill be amended by inserting at the end the following new section:-
“SECTION __. Section 2Z of Chapter 29 of the General Laws is hereby amended by adding after the word ‘project’ in line 21 the following:-
‘And any project in which construction has been initiated and for which completion has been scheduled in Fiscal Year 2005 or thereafter in which the total cost is greater than $8,000 per capita on a per resident basis as determined by the most recent United States census or any sewer system that experiences extraordinary rate increases due to a mandate pursuant to environmental laws and regulations.’”
MASSACHUSETTS VETERANS INC.
Ms. Chandler, Messrs. Brewer and
Moore moved that the bill amended, in Section 2, in item 1410-0012, by
inserting after the words “Middleboro Veterans’ Outreach Center” the
following:-
“provided further, that not less
than $61,000 shall be made available to Massachusetts Veterans Inc. in the City
of
Further moved that the bill be amendment in, Section 2, in item 1410-0012, by striking the figure “$1,535,064” and inserting in place thereof the following figure:-
“1,596,064”.
GOV 520
SPATCHER POOL
Mr. Timilty and Mr. Brown moved
that the bill be amended, in Section 2, in item 2800-0600, by inserting after
the words "maintenance and upkeep" the following:- "Provided
further, $1,500,000 be designated for design and engineering services related
to the renovation of DCR's community pools,
provided that priority shall be given to those pools that were deemed to
be in critical condition or very poor condition in the department's "Key
Components Assessment Summary" conducted in 2004 and further provided that
design and facility operation plans shall be developed in partnership with the
local community, provided, that $120,000 shall be expended for the design of
the Spatcher Pool in Attleboro.",
and moved to further amend said item by striking the figure “$750,000”
and inserting in place thereof the following figure: - “$2,250,000”.
Mr. Lees moved that the bill be amended by inserting, after section ___, the following new Sections:-
“SECTION ___. Chapter 34B of the General Laws, as so appearing, is hereby amended by deleting sections 1 and 2 and inserting in place thereof the following sections: -
Section 1. The government of each of the following counties, in this
chapter called an "abolished county'' is hereby abolished as of the
following date, in this chapter called the "transfer date'', or on such
earlier date 30 days after the commissioner of revenue certifies in writing
that the county has failed to make a required payment on an outstanding bond or
note: (a) Middlesex county, as of
Section 2. Notwithstanding the provisions of any general or special law
to the contrary, the government of each abolished county, except the office of
county treasurer, is hereby abolished as of the transfer date for all purposes,
including, but not limited to, the purposes established pursuant to chapters
34, 34A, 35 and 36 or as otherwise authorized by this chapter. The office of county auditor and county
treasurer for
SECTION ___. Chapter 34B is further amended by inserting
at the end of section 18 the following:- “Notwithstanding the provisions of
this section and of section 8 to the contrary, the employees and retirees and
inactives of the Suffolk County Sheriff's Department and its predecessors shall
be transferred to the state retirement system, and said system shall be
responsible for all liability attributable to the service of such employees,
retirees and inactives. The total amount
of the transfer assets for this particular transaction shall be determined by
dividing the state-boston retirement system's total market value of assets by
its total actuarial accrued liability determined under the Entry Age Normal
funding method as of the prior January 1st and applying the
resulting percentage to the actuarial accrued liability of the Suffolk County Sheriff's Department
and its predecessors' employees and retirees and inactives as calculated on the
same date. This transfer of assets shall relieve the state-boston retirement
system of all liability for the Suffolk County Sheriff's Department and its
predecessors' employees and retirees and inactives.”
ASHBURNHAM MTBE REMEDIATION
Mr. Brewer moved that the bill be
amended, in Section 2, in item 1232-0100, by inserting at the end thereof the
following:- “; provided further, that no less than $800,000 shall be expended
to the Town of Ashburnham for remediation efforts on Fitchburg Road”
GOV
Ms. Resor, Ms. Chandler, Mr. Augustus and Ms. Fargo moved that the bill amendedby inserting after section 104 the following new section:-
“SECTION 104A. Notwithstanding any internal agency deadline, the City of Marlborough shall be eligible to receive previously approved funding of $600,000 for a clean water management plan, provided that the city meet and adhere to all additional requirements.”
KOREAN WAR MEMORIAL
Messrs. Brewer, Augustus and Ms. Chandler moved that the bill amended, in Section 2, in item 1410-0010, by inserting at the end thereof the following words:- “; provided further, that no less than $112,000 shall be expended for the completion of the Korean War Memorial of Central Massachusetts Walkway of Honor in Worcester”
And further amends the item by striking the figure
“2,012,187” and inserting in place thereof the following figure:- “2,124,187”
Messrs. Brewer, Augustus and Ms.
Chandler moved that the bill amended, in Section 2, in item 1410-0010, by
inserting at the end thereof the following:-
“; provided further, that $110,000 be provided to the City of Worcester
for the Vietnam Veterans Memorial”, and further amends the item by striking the
figure “2,012,187” and inserting in place thereof the following figure:-
“2,122,187”
PROBATE RETIREMENT
Mr. Hart moved that the bill be amended by inserting, after Section ________, the following new Section: -
“SECTION _____. Section 3 of Chapter 32 of the General Laws, as appearing in the 2004 official edition, is hereby amended by inserting in line 254 after the word “of”, the following words:-
‘commissioner
of probation, first deputy commissioner of probation, second deputy
commissioner of probation, deputy commissioner of probation regional
supervisor, program manager, executive director of the office of community
corrections, deputy director of the office of community corrections, statewide
program manager, statewide supervisor, assistant statewide supervisor,’ ”
Breast Cancer License Plates
Mr. Hart moved that the bill be amended by inserting, after Section ________, the following new Section: -
“SECTION _____. Section 2F of chapter 90 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in lines 39 and 40, the words ‘the establishment of the Diane Zaniboni breast cancer research fund to be coordinated by the department of public health” and inserting in place thereof the following words:- the Diane Zaniboni breast cancer research fund coordinated by Tufts New England Medical Center.’ ”
GOV 528
WITHDRAWN
WITHDRAWN
WITHDRAWN
WITHDRAWN
WITHDRAWN
WITHDRAWN
WITHDRAWN
WITHDRAWN
WITHDRAWN
WITHDRAWN
UNITED VETERANS OF
Mr. Nuciforo moved that the bill amended, in Section 2, in item 1410-0012, by inserting after the words “Association of Massachusetts, Inc” the following words:-
“provided further, that not less than $80,000 shall be expended to United
Veterans of America for the purpose of providing services to homeless veterans
in
ETHICS
Mr. Baddour moved that the bill be
amended, in Section 2, in item 0900-0100 by striking out the figure
“$1,535,370” and inserting in place thereof the following figure:-
“$1,626,112”.
RELATIVE TO EQUALIZED CORPORATE EXCISE TAX
PAYMENTS
Messrs. Tisei, Lees, Knapik, Tarr, Hedlund and Brown moved that the bill be amended by inserting, after Section___, the following new Section:-
“SECTION___. Section 3 (c) of chapter 63B of the General Laws is hereby amended by striking out the section in its entirety and inserting in place thereof the following:-
Section 3 (c). For purposes of this chapter, there shall be four required installments for each taxable year, except as otherwise provided by this chapter. The first installment shall be paid on or before the fifteenth day of the third month of the taxable year; the second installment shall be paid on or before the fifteenth day of the sixth month of the taxable year; the third installment shall be paid on or before the fifteenth day of the ninth month of the taxable year; and the fourth installment shall be paid on or before the fifteenth day of the twelfth month of the taxable year. The amount of any installment shall be twenty-five per cent of the required annual payment. The term “required annual payment” shall mean the lesser of:
(i) ninety percent of the tax shown on the return for the taxable year or, if no return is filed, ninety percent of the tax for such year, or
(ii) one hundred percent of the tax shown on the return of the corporation for the preceding taxable year, or
(iii) ninety percent of the tax for the taxable year or, if no return is filed, ninety percent of tax for such year determined by using the income apportionment percentage, if any, applicable for the preceding taxable year in computing its net income subject to tax under chapter sixty-three.
Clause (ii) shall not apply if the preceding taxable year was not a taxable year of twelve months or the corporation did not file a return for such preceding taxable year showing a liability for tax. Clause (ii) shall not apply in the case of a large corporation, as defined in section sixty-six hundred and fifty-five (g) of the Internal Revenue Code of the United States, as amended on January first, nineteen hundred and eighty-nine and in effect for the taxable year except for the purposes of determining the amount of the first required installment for any taxable year; provided, however, that any reduction in such first installment by reason of this provision shall be recaptured by increasing the amount of the next required installment by the amount of such reduction.
Section 2. Section 4A of said chapter 63B, as so appearing, is hereby amended, in line 4, by striking out the word “sixty-five” and inserting in place thereof the following word:- “fifty”; in line 9, by striking out the word “ten” and inserting in place thereof the following word:- “twenty-five”; in line 14, by striking out the word “ninety” and inserting in place thereof the following word:- “seventy-five”; and in line 16, by striking out the word “ten” and inserting in place thereof the following word:- “twenty-five”.
Section 3. Section 4B of said chapter 63B, as so appearing, is hereby amended by striking out the section in its entirety.
HUMAN SERVICE WORKER WAGE COMMISSION
Mr. Tolman moved that the bill be amended, in Section 2,
in item 1599-6901 by adding, in line 22 after the words “Mental Health and
Substance Abuse Corporations of Massachusetts” the following:- “1 designee of
SEIU Local 509.”
STATE HOUSE EMPLOYEE
Mr. Timilty and Ms. Resor moved that the bill be amended, in Section 2, by striking out item 1107-2400 and inserting in place thereof the following item: -
“1107-2400 For the office on disability, provided, that
$125,000 shall be provided to conduct training for employees working in the
State House on the Americans with Disabilities Act and how to assist people
with disabilities within the building……………878,978”
RELATIVE TO THE CLEANUP OF
Mr. Tisei moved that the bill be amended by inserting, after Section___, the following new Section:-
“SECTION___. Chapter 149 of the Acts of 2004 is hereby amended by striking out section 232 and inserting in place thereof the following section:-
Section 232. Section 1A of chapter 152 of the acts of 1997 is hereby amended by inserting after item 1100-7985 the following item:-
1599-0018 For a grant to the town of Wakefield for the
cleanup of Lake Quannapowitt, its shoreline, bank, buffer zone, and land in the
vicinity thereof………………..$500,000”
Mr. Resor moved that the bill be amended by inserting after section 104, the following new Section:-
“SECTION . The division of capital asset management
and maintenance is hereby authorized to transfer care and custody of a parcel
of vacant state-owned land in the town of
RELATIVE TO THE SALES TAX COLLECTION
ALLOWANCE
Messrs. Tisei, Lees, Knapik, Tarr, Hedlund and Brown moved that the bill be amended by inserting, after Section___, the following new Section:-
“SECTION___. Section 5 of chapter 64H of the General Laws, as appearing in the 2004
Official Edition, is hereby amended by adding at the end thereof the following: -
All vendors that collect sales tax shall be entitled to retain an amount equal to two per centum of the total amount of sales tax collected in any one calendar year. The total amount so retained in any calendar year by any one vendor, when combined with use taxes retained as provided in section 6 of chapter 64I, shall not exceed two thousand dollars. The vendor shall retain these amounts by deducting not more than two per centum of the sales tax collected during the standard reporting period. Upon reaching the annual maximum retention amount, the vendor shall not be entitled to deduct any further amount from collected sales taxes until the beginning of the next calendar year.
SECTION 2. Section 6 of chapter 64I of the General Laws, as so appearing, is hereby amended by adding at the end thereof the following:-
All vendors that collect use tax shall be entitled to retain an amount equal to two per centum of the total amount of use tax collected in any one calendar year. The total amount so retained in any calendar year by any one vendor, when combined with sales taxes retained as provided in Section 5 of chapter 64H, shall not exceed two thousand dollars. The vendor shall not be entitled to deduct any further amounts from collected use taxes until the beginning of the next calendar year.
SECTION 3. The act
shall take effect on
RELATIVE TO THE SEWER
Messrs. Tisei, Tarr, Hedlund and
Brown moved that the bill be amended, in Section 2, in item 1231-1000, by
striking out the figure “$15,000,000” and inserting in place thereof the
following figure:- “$25,000,000”.
Messrs. Creedon, Joyce, Timilty and Pachsco moved that the bill amended, in Section 2, in item 0526-0100 by adding at the end thereof the following:
“provided that $500,000 shall be
expended for the purpose of restoration of the
Messrs. Creedon, Joyce, Timilty and
Pachsco further moved to amend the item by deleting the figure “$991,125” and
inserting in place thereof the following figure:-$1,491,125.
Mr. McGee moved that the bill amended, in Section 2, in item 0540-1000 by striking
out the figure $2,713,400 and inserting in place thereof the following figure ;
$2,817,158
GOV 552
CULTURAL COAST
Mr. O'Leary moved that the bill be amended, in Section 2, in item 0640-0300 by inserting after the words “that a grant made under this program shall not exceed $100,000” the following:-
“; provided further that not less
than $50,000 shall be expended to Plimoth Plantation, Inc. to establish the
Cultural Coast program, to develop and market itineraries and web-based
planning tools to encourage visitor exploration of the Commonwealth’s coastal
region from Quincy to Provincetown”.
CERTAIN
Mr. Panagiotakos moved that the bill be amended by inserting, after Section 97, the following new Section:-
SECTION _____. Notwithstanding any general or special
law to the contrary, the division of capital asset management is hereby authorized
and directed to release its reversionary interest in a parcel of land conveyed
to the
RMV
Ms. Wilkerson moved that the bill
amended, in Section 2, in item 8400-0001, in line 15, the following words
“Grove Hall” and inserting in place thereof the following word: - “Roxbury”
WITHDRAWN
CONVENTION CENTER FUND
Mr. Hart moved that the bill be
amended by inserting, after Section ________, the following new Section: -
“Section _____. Section 10 of chapter 152 of the
acts of 1997 is hereby amended by striking out subsection (c), as most recently
amended by section 64 of chapter 352 of the acts of 2004, and inserting in
place thereof the following subsection:— (c) In order to increase the
marketability of special obligation bonds described in section 11 and any other
bonds issued by the commonwealth which are payable from amounts held in the
Convention Center Fund and thereby ensure the issuance of such bonds at the
lowest possible cost to the commonwealth, the special receipts deposited in the
Convention Center Fund in accordance with this subsection are hereby impressed
with a trust for the benefit of the owners from time to time of such bonds and
special receipts shall be applied by the state treasurer without further
appropriation to the payment of principal, including sinking fund payments and
premium, if any, and interest on such bonds, to the maintenance of, or
provisions for, the Capital Reserve Fund described in said section 11, to the
payment of the costs of issuance of such bonds and to the payment of the cost
of, and the satisfaction of the obligations of the commonwealth under, any
surety bond, insurance policy or other form of credit enhancement required or
provided for in any trust of security agreement or credit enhancement agreement
entered into pursuant to this act to secure such bonds. The state treasurer,
with the concurrence of the secretary of administration and finance, shall
determine that sufficient amounts are held in the Convention Center Fund to
meet debt service payments and compliance with any applicable restrictions
relating thereto including, without limitation, any coverage requirements
contained in any such trust or security agreement or credit enhancement
agreement. If the state treasurer and the secretary of administration and
finance determine that the balance of the Convention Center Fund exceeds the
amount necessary to satisfy the requirement of sufficiency, then the Authority
may make expenditures from the Convention Center Fund, in an amount not to
exceed such surplus, for the following purposes: (i) to pay costs, not
exceeding
$50,000,000, of the heating, ventilating and air
conditioning systems for the project if the Authority deems it in the best
interest of the Authority to fund such costs in whole or in part from amounts
held in the Convention Center Fund rather than through a lease or lease purchase
agreement for such systems; (ii) to pay start-up costs, not exceeding
$2,000,000, of the project; (iii) to pay costs, not exceeding $2,000,000, of engineering
and construction of surface parking facilities within the convention center
development area as defined in section 2 without completion of an antecedent
facility study and engineering study as provided in section 38N of chapter 190
of the acts of 1982; (iv) to provide for, and maintain, any reserve for capital
and current expenses of the project and other facilities of the Authority as
the Authority shall deem necessary to appropriate; provided, however, that the
Authority shall receive written approval from the secretary of administration
and finance; (v) to defray the net cost of operations, at an amount not to
exceed $23,000,000 in Fiscal Year 2004 and that the same amount in each fiscal
year thereafter, of the Authority as defined in section 32 of said chapter
190.”
UNIONIZED PUBLIC EMPLOYEES
Mr. Tolman and Mr. Barrios moved that the bill be amended by inserting, after Section 104, the following new Section: -
“Provided that Section 17 J of
chapter 180 of the general laws is hereby amended by inserting at the end
thereof the following: Where the recipient specified is a duly licensed
insurance agent or insurance broker receiving sums so deducted for any
property-casualty insurance offered in conjunction with the employee
organization, the agent or broker shall forward the sums deducted and received
to the appropriate insurance company within two business days after receipt
from the treasurer or common paymaster. No insurance company doing
business in the Commonwealth of Massachusetts shall refuse to accept payment of
property-casualty insurance premiums without interest or charges in equal
weekly or biweekly installments via payroll deduction for unionized state,
county, municipal or other public employees where the agent or broker is
remitting the deducted sums as required under this section. Provided, however,
if any such insurance company shall not offer or allow any such agent or broker
to forward funds received by electronic funds transfer from a designated
premium account, then the agent or broker shall be permitted to pay the funds
received under the time limits set forth in the last
paragraph of Section 163 of Chapter 175 of the general laws. This act shall
take effect upon its passage.”
UNDERGROUND STORAGE TANK REIMBURSEMENTS
Mr. Panagiotakos moved that the bill be amended, in Section 2, in item 1232-0100 by inserting after the words “For underground storage tanks reimbursements to parties that have cleaned up spills of petroleum products pursuant to chapter 21J of the General Laws;” the following text:-
“provided further, that in the
prioritization of claims, consideration shall be given to claimants who own not
more than two dispensing facilities.”
PROMOTING THE USE OF ALTERNATIVE
Messrs. Tarr, Baddour, Lees, Tisei, Knapik, Hedlund and Brown moved that the bill be amended by inserting at the end the following sections:-
“SECTION 1. Terms used in sections 2 and 3 and sections 14 to 21, inclusive, shall have the meanings assigned to them in section 3 of chapter 25A of the General Laws.
SECTION 1A. To provide for supplementing certain
items in the general appropriation act and other appropriation acts for fiscal
year 2006, the sum set forth in section 2A is hereby appropriated from the
General Fund unless specifically designated otherwise in this act or in said
appropriation acts, for the several purposes and subject to the conditions
specified in this act or in said appropriation acts, and subject to the laws
regulating the disbursement of public funds for the fiscal year ending
SECTION 2A.
2030-1001 For the purchase and repair of office of environmental law
enforcement motor vehicles; provided, that not less than 20 per cent of new
motor vehicle purchases shall be hybrid or alternative fuel vehicles; prior
appropriation continued.......................$2,500,000.
SECTION 21/2. To provide funding for the Energy Independence Grant Fund, for the purpose of encouraging the purchase, lease, aftermarket conversion and use of hybrid and alternative energy vehicles, including heavy, medium and light duty vehicles that utilize either a single fuel or dual fuel, by cities and towns, school districts and regional transit authorities. The sums set forth in section 3 shall be distributed pursuant to a grant program developed and administered by the division of energy resources. The development of the plan shall be conducted in consultation with regional transit authorities established pursuant to chapter 161B of the General Laws. The grant program shall facilitate the development of an alternative fuel infrastructure. The sums set forth in section 3, for the several purposes and subject to the conditions specified in this act, are hereby made available subject to the laws regulating the disbursement of public funds and approval thereof.
SECTION 3. DIVISION OF ENERGY RESOURCES.
7006-1003 For the planning, design and construction of alternative fuel
refueling stations on the site of land owned or controlled by the commonwealth
or a regional transit authority with a minimum useful life of 5 years, and for
financial assistance to cities and towns, school districts and regional transit
authorities for the acquisition of alternative fuel vehicles and hybrids with a
minimum useful life of 3 years; provided, that the commonwealth or a regional
transit authority may enter into agreements or contracts with providers and
distributors of alternative fuels necessary to carry out the
purposes of this act . 10,000,000.
SECTION 4. To meet a portion of the expenditures
necessary in carrying out section 3, the state treasurer shall, upon request of
the governor, issue and sell bonds of the commonwealth in an amount to be
specified by the governor from time to time, but not exceeding in the aggregate
the sum of $10,000,000. All bonds issued by the commonwealth as aforesaid shall
be designated on their face, Alternative Energy, Energy Independence Act of
2005, and shall be issued for such maximum term of years, not exceeding 20
years, as the governor may recommend to the general court pursuant to Section 3
of Article LXII of the Amendments to the Constitution of the Commonwealth;
provided, however, that all such bonds shall be payable not later than
SECTION 4A. Chapter 21A of the General Laws is
hereby amended by adding the following section:-
Section 3F. The commissioner shall annually, on or before November 15, publish
a list of vehicles sold within the commonwealth which are eligible to receive
an exemption from certain percentages of the sales tax and the percentage
reduction in the sales tax assessed under section 2 of chapter 64H to which
they shall be entitled in the following taxable year.
The commissioner shall establish a list and provide a schedule of sales tax
exemptions for vehicles based upon their fuel mileage ratings as determined by
the United States Environmental Protection Agency, based on a formula annually
updated which reflects: (a) a vehicle's mileage relative to other vehicles
within its passenger seating class; and (b) the percentage of the vehicle that
is American-made.
The commissioner shall provide exemptions for the following classes of
vehicles: 2 and 4-passenger vehicles, 5-passenger vehicles and vehicles that
seat 6 or more passengers.
The commissioner shall design the list so that no vehicle which is less than 60
percent as efficient, for 2 to 4 and 5-passenger vehicles, and 70 percent as
efficient, for 6-passenger and more vehicles, as the best vehicle in its
respective class receives the sales tax exemption. The commissioner may, after
issuing a draft determination and holding a public hearing, raise the level
below which a vehicle shall not qualify for benefits.
The list shall be made available for public comment not later than November 1
of each year and the commissioner shall determine what shall be included on the
final list. The final list shall be distributed to boards of assessors and tax
collectors within each municipality.
SECTION 5. Section 3 of chapter 25A of the General
Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting
in their appropriate alphabetical sequence the following definitions:
"Aftermarket conversion", a converted vehicle originally designed to
operate on gasoline that has been altered to run on an alternative fuel
exclusively or in combination with gasoline.
"Alternative fuel refueling station", any platform that provides for
the delivery of alternative fuels.
"Alternative fuel vehicle", a vehicle powered by alternative fuel. An
alternative fuel vehicle shall have the following attributes:
(1) the capability of operating only on an alternative fuel;
(2) original use commencing with the taxpayer; and
(3) acquisition by the taxpayer for use or lease, but not for resale.
"Alternative fuels", biodiesel, electricity, ethanol, hydrogen,
methanol, natural gas and propane.
"Biodiesel", renewable fuel that can be manufactured from vegetable
oils, animal fats, or recycled restaurant greases, including both biodiesel
blends and pure forms, including B20 20 per cent neat biodiesel and 80 per cent
diesel.
"Electricity", transportation fuel to power battery electric and fuel
cell vehicles.
"Ethanol", an alcohol-based alternative fuel produced by fermenting
and distilling starch crops that have been converted into simple sugars.
Specifically, blends such as 85 per cent ethanol and 15 per cent gasoline, E85,
shall be considered an alternative.
"Heavy duty vehicle", a vehicle with a gross vehicle weight rating,
GVWR, equal to or greater than 40,001 pounds GVWR.
"Hybrid vehicle", (1) a vehicle which draws propulsion energy from
onboard sources of stored energy which are both: (i) an internal combustion or
heat engine using combustible fuel; and (ii) a rechargeable energy storage
system; (2) a vehicle which, in the case of a passenger automobile, medium duty
passenger vehicle or light truck: (i) for 2002 and later model vehicles, has
received a certificate of conformity under the Clean Air Act and meets or
exceeds the equivalent qualifying California low emission vehicle standard
under section 243(e)(2) of the Clean Air Act for that make and model year; (ii)
for 2004 and later model vehicles, has received a certificate that the vehicle
meets or exceeds the Bin 5 Tier II emission level established in regulations
prescribed by the administrator of the Environmental Protection Agency under
section 202(i) of the Clean Air Act for that make and model year vehicle; and
(iii) and achieves an increase of 10 per cent fuel efficiency as compared to
the average vehicle of its class as defined by the federal Environmental
Protection Agency.
"Hydrogen", a fuel which is in a gaseous state at atmospheric
pressure and ambient temperatures containing low levels of carbon monoxide and
carbon dioxide for use in combustion engines and fuel cell electric vehicles.
"Light duty vehicle", a vehicle with a gross vehicle weight rating,
GVWR, of 0 to 10,000 pounds.
"Medium duty vehicle," a vehicle with a gross vehicle weight rating,
GVWR, of 10,001 to 40,000 pounds.
"Methanol", a wood alcohol used as an alternative fuel in flexible
fuel vehicles that run on M85, a blend of 85 per cent methanol and 15 per cent
gasoline.
"Natural gas", applications as stored onboard a vehicle as compressed
natural gas, CNG, at 3,000 or 3,600 pounds per square inch or as liquefied
natural gas, LNG, at typically 20 to 150 pounds per square inch.
"Propane" liquefied petroleum gas, LPG.
"Regional transit authority", as established pursuant to chapter 161
and chapter 161B.
SECTION 6. Section 11B of chapter 25A of the
General Laws, as so appearing, is hereby amended by adding the following 4
paragraphs:-
When purchasing new motor vehicles, the commonwealth shall purchase hybrid or
alternative fuel vehicles to the maximum feasible extent at a rate of not less
than 5 per cent annually for all new motor vehicle purchases in order that,
taking into account the existing number of such vehicles owned and operated by
the commonwealth, not less than 50 per cent of the motor vehicles owned and
operated by the commonwealth are hybrid or alternative fuel vehicles by the
year 2010.
The division of operational services shall forward to the division of energy
resources all requests for motor vehicle acquisitions by agencies of the
commonwealth. The division shall thereafter report to the division of
operational services regarding the availability of a hybrid or alternative fuel
vehicle that will feasibly achieve the intended use designated by the
requesting agency.
The division shall develop a system of protocols for reporting to the division
of operational services for the acquisition of alternative fuel vehicles and
hybrids, including identifying the potential for acquisition of heavy, medium
and light-duty vehicles, based on the anticipated mileage and usage of such
vehicles, and the effectiveness of single fuel or dual fuel alternative fuel
vehicles for the particular purpose identified.
The division shall submit in writing to the secretary of administration and
finance, the clerks of the senate and house of representatives and the joint
committee on state administration and regulatory oversight an annual statement
detailing the progress, as well as any additional information relevant to the
acquisition of hybrid or alternative fuel vehicles by the commonwealth.
SECTION 7. Said chapter 25A is hereby further
amended by inserting after section 11H the following 2 sections:-
Section 11I. There shall be established and set up on the books of the
Commonwealth an Energy Independence Grant Fund to be used, subject to
appropriation for the purpose of encouraging the purchase, lease, aftermarket
conversion and use of hybrid and alternative fuel vehicles, including heavy,
medium and light duty vehicles that use either a single fuel or dual fuels, by
cities and towns, school districts and regional transit authorities. The grants
may be used for the purpose of matching federal grants. In addition, the grants
may be expended pursuant to cooperative purchasing agreements with other
entities. Funds expended shall, to the extent possible, maximize reimbursement
from federal or other sources. The fund shall consist of any appropriations,
bond proceeds or other monies authorized by the general court and specifically
designated to be credited to it. The fund shall encourage, support and foster
the development of hybrid and alternative fuel vehicles in order to promote
increased autonomy from fossil fuels, to mitigate the fiscal impact of the high
cost of fuel on cities and towns and to provide environmental benefits through
the reduction of carbon dioxide and carbon monoxide emissions.
Section 11J. (a) The division shall receive applications for grants from the
fund from cities and towns, school districts and regional transit authorities
and award grants to assist any of them in the purchase or lease of hybrid and
alternative fuel vehicles or for the aftermarket conversion of conventional
fuel vehicles for municipal or regional transit purposes. The division shall
develop a scoring system to serve as the basis for the evaluation and the
determination of awarding grants pursuant to this section. The scoring system
shall determine the maximum grant amount available for a specific application.
The scoring system shall be based upon the type of vehicle being acquired or
retrofitted, the cost, the type of use anticipated, fuel economy, range and the
anticipated useful life of a vehicle and shall employ the federal standards set
forth in the Corporate Average Fuel Economy provision of the Energy Policy
Conservation Act of 1975 and any other applicable federal standards. The
scoring system shall designate the amount of assistance available to a
municipality, school district or regional transit authority based upon those
factors and the division may award grants up to that amount commensurate with
said factors. In awarding grants, the division shall give consideration to
applications from cities and towns, school districts and regional transit
authorities from diverse geographic regions. A city or town, school district or
regional transit authority which is awarded a grant under this program shall
submit an annual report to the division identifying and detailing: (1) the type
of the hybrid or alternative fuel vehicle purchased, leased or converted; (2)
the usage and any cost savings to the city or town, school district or regional
transit authority associated with the reduction of use of standard gasoline
from the use of the vehicle; and (3) any environmental benefits from, but not
limited to, the reduction in emissions.
(b) A city or town, school district or regional transit authority shall apply
for a fund grant in the manner specified by the commissioner.
(c) The division shall promulgate policies, rules and regulations to implement
this section. The commissioner shall file the policies, rules and regulations
with the joint committee on state administration and regulatory oversight for
review and comment not later than 30 days before the effective date of any
policies, rules and regulations.
(d) Not less than $100,000 shall be expended from the fund for the
SECTION 8. Paragraph (a) of Part B of section 3 of
chapter 62 of the General Laws, as appearing in the 2004 Official Edition, is
hereby amended by inserting after subparagraph 9 the following subparagraph:-
(91/2) For taxable years beginning on or after
SECTION 9. Section 31A of chapter 63 of the General Laws, as so appearing, is hereby amended by inserting after the word "fishing", in lines 4 and 24, the following words:- or a corporation primarily engaged in the development, construction or operation of an alternative fuel refueling station, and the development of alternative fuels, as those terms are defined in section 3 of chapter 25A.
SECTION 10. Said chapter 63 is hereby further
amended by inserting after section 31C the following 2 sections:-
Section 31C1/2. A corporation which maintains a motor vehicle fleet equal to or
in excess of 50 vehicles, including those of carriers licensed pursuant to
chapter 159B, and purchases, leases or performs an aftermarket conversion, as
that term is defined in section 3 of chapter 25A, of a conventional fuel
vehicle to an alternative fuel vehicle, as that term is defined in said section
3 of said chapter 25A, and maintains the alternative fuel vehicle, and which
corporation is a domestic or foreign corporation under subparagraph 1 or 2 of
section 30, may receive a credit against its excise due under this chapter. The
amount of the credit shall be equal to 50 per cent of the difference between
the purchase price or the cost of the aftermarket conversion of the alternative
fuel vehicle and the listed purchase price of a gasoline-powered vehicle of
like quality during the taxable year of the purchase. A corporation which does
not maintain at least 10 per cent of its fleet as alternative fuel vehicles or
hybrid vehicles, as those terms are defined in said section 3 of said chapter
25A, shall not be eligible for the credit.
Section 31C3/4. A corporation, licensed as a common carrier of passengers under
chapter 159A, which maintains a motor vehicle fleet equal to or in excess of 25
vehicles and purchases, leases or performs an aftermarket conversion, as that
term is defined in section 3 of chapter 25A, of a conventional fuel vehicle to
an alternative fuel vehicle, as that term is defined in section 3 of chapter
25A, and maintains the alternative fuel vehicle, and which corporation is a
domestic or foreign corporation under subparagraph 1 or 2 of section 30, may
receive a credit against its excise due under this chapter. The amount of the
credit shall be equal to fifty per cent of the difference between the purchase
price or the cost of the aftermarket conversion of the alternative fuel vehicle
and the listed purchase price of a gasoline-powered vehicle of like quality
during the taxable year of the purchase, as hereinafter provided. A corporation
which does not maintain at least 10 per cent of its fleet as alternative fuel
vehicles or hybrid vehicles, as those terms are defined in said section 3 of
said chapter 25A, shall not be eligible for the credit.
SECTION 11. Section 4 of chapter 64E of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in lines 9 and 10, the words "19.1 per cent of the average price computed to the nearest tenth of one per cent per gallon" and inserting in place thereof the following words:- 25 per cent less than the rate on fuel set forth in chapter 64A.
SECTION 12. Section 2 of chapter 90 of the General
Laws, as so appearing, is hereby amended by inserting after the tenth paragraph
the following paragraph:-
Upon application, the registrar shall furnish an energy independence placard or
sticker bearing a designation to be determined by the registrar to any person
who is the title or lease holder of a qualified hybrid or alternative fuel
vehicle, as those terms are defined in section 3 of chapter 25A, and who meets
the requirements of this paragraph. The placard or sticker shall be of a size
and design to be determined by the registrar and shall be numbered and contain
identifying features and specifications as the registrar considers appropriate.
The authorized user shall permanently affix the placard or sticker to the
vehicle so as to be readily visible in accordance with instructions provided by
the registrar from time to time. The registrar may impose a reasonable fee for
the costs associated with the processing of applications and the issuance of
placards or stickers.
The Massachusetts Turnpike Authority shall make available to all holders of
placards Fast Lane toll transponders and shall waive the initial application
fee associated with the acquisition of the transponder. A city or town may, by
by-law or ordinance, grant municipal parking at a reduced rate or without
charge to holders of the energy independence placard or sticker.
SECTION 12A. Section 7A of said chapter 90, as so
appearing, is hereby amended by inserting after the fifth paragraph the
following paragraph:-
The emissions and maintenance inspection programs provided for in this section
shall not apply to a qualified hybrid or alternative fuel vehicle or clean
alternative fuel if the vehicle obtains a rating from the United States
Environmental Protection Agency of at least 50 miles per gallon during city
fuel economy tests unless remote sensing devices indicate the hybrid or
alternative fuel vehicle may not meet current emissions standards. The
commissioner shall promulgate such regulations as may be required to implement
this exemption.
SECTION 12B. Section 142M of chapter 111 of the
General Laws, as so appearing, is hereby amended by inserting before the
definition of "Commissioner" the following definition:-
"Clean alternative fuel vehicle" shall mean natural gas, hydrogen or
electricity when used as a motor vehicle fuel or propane when used as a motor
vehicle fuel if such a vehicle meets the federal fleet emissions standards
under the federal Clean Air Act or any emissions standards adopted by the
commissioner of environmental protection as part of the commonwealth's
implementation plan under the Clean Air Act.
SECTION 13. (a) There shall be established at the
(b) The Institute shall have among its primary goals the development and
commercialization of the vehicles, fuels, equipment and technology for the
purposes of deriving environmental benefits, reducing dependence on
conventional fossil fuels and facilitating economic growth.
(c) The Institute shall be governed by policies and operating procedures
developed and maintained by the president of the university and its board of
trustees, together with the governing bodies of each subdivision of the
university assigned to engage in the operations of the Institute.
(d) Subject to appropriation, the Institute shall engage in projects as
determined to be feasible by its advisory board, and may issue requests for
proposals and enter into cooperative research agreements in carrying out this
act.
(e) There shall be an advisory board of the Institute, comprised of: the
president of the University of Massachusetts or his designee, who shall also
serve as the chairperson; the secretary of environmental affairs or his
designee; the secretary of economic affairs or his designee; the secretary of
transportation or his designee; the general manager of the Massachusetts Bay
Transportation Authority or his designee; a representative of the regional
transit authorities; 3 members to be appointed by the governor, 1 of whom shall
represent the business community, 1 of whom shall have expertise in
environmental issues and 1 of whom shall represent consumers; 2 members
appointed by the president of the university, each having expertise in relevant
science and technology; 1 member of the senate and 1 member of the house of
representatives. Each appointed member shall serve for a term of 3 years, and
shall be eligible to be appointed for consecutive terms.
(f) The Institute shall undertake a comprehensive industry needs assessment, in
consultation with the advisory board, of businesses engaged in the research,
development or production of alternative fuel vehicles and hybrids, alternative
fuels and related components and technologies. The assessment, which shall be
completed not later than 6 months after the effective date of this act, shall
include, but not be limited to the following:
(1) the identities of industry participants and a characterization of their
business activities involving hybrid and alternative fuel vehicles and related
technologies and components;
(2) current or projected impediments to the growth and development of industry
participants;
(3) feasible means by which state government, including the commonwealth's
institutions of higher education, may assist industry participants;
(4) potential collaborative efforts between the commonwealth and industry
participants, including industry-sponsored research and development and the
securing of public and private research funds;
(5) potential sources and uses of federal government funding for research and
development including, but not limited to, funding opportunities contained in
any federal renewable or alternative energy legislation.
SECTION 14. The Massachusetts Turnpike Authority
shall develop a plan, in consultation with the executive office of
transportation, for the availability of alternative fuel at each fueling
facility or service terminal on the Massachusetts Turnpike. The plan shall
provide for availability not later than
SECTION 15. (a) The commissioner of energy
resources, in consultation with the secretary of administration and finance,
the secretary of transportation, the general manager of the Massachusetts Bay
Transportation Authority, a representative of the regional transit authorities,
the secretary of economic affairs, the secretary of environmental affairs, and
the operation services division, shall develop a statewide master plan for the
advancement of hybrid and alternative fuel vehicles and related technology.
(b) The plan shall encompass a 10-year period beginning in 2007, and shall be
divisible in increments of not less than 5 years. The plan shall take into
account the geographic diversity of the commonwealth, its present and projected
demographics, present and projected transportation needs and infrastructure,
and current, emerging and foreseeable alternative fuel and vehicle
technologies.
(c) The plan may establish goals for areas such as the purchase and use of
hybrid and alternative fuel vehicles and hybrids by the commonwealth, its
political subdivisions, private commercial fleets and citizens, the development
of fueling facilities, and technologies, and the production, import action or
distribution of alternative fuels.
(d) In addition, the plan shall identify strategies and corresponding methods
of achieving its identified goals together with necessary administration and
legislative actions. The plan shall be reported to the clerks of the senate and
house of representatives not later than 18 months following the effective date
of this act.
SECTION 16. The secretary of administration and finance through the division of operational services, in consultation with the commissioner of energy resources, shall enter into contracts and agreements with the manufacturers or providers of hybrid or alternative fuel vehicles as may be necessary for the purchase or lease of the vehicles, or aftermarket conversion equipment or technologies in order to comply with this act.
SECTION 17. The commissioner of energy resources
shall annually develop a directory of alternative fuel vehicles, equipment and
services available for purchase by public entities.
The directory shall include vehicles available for heavy, medium and light duty
usage, as well as the spectrum of alternative fuels available, as defined in
section 3 of chapter 25A of the General Laws, and the appropriate applications,
estimated costs, and positive and negative aspects of each vehicle and fuel. To
the extent possible, the directory shall contain photographs of the available
vehicles.
The directory shall be produced and promulgated in a manner reasonably devised
to assist in promoting awareness and the utilization of alternative fuel
vehicles by the commonwealth and its political subdivisions and shall be made
available to municipalities and agencies of the commonwealth to assist in the
identification and acquisition of hybrid and alternative fuel vehicles. The
catalog shall be made available to nongovernment entities but the commissioner
may impose a reasonable fee consistent with the cost of reproducing the
catalog.
SECTION 18. The secretary of economic affairs, in
consultation with the executive office of transportation and the division of
energy resources, shall evaluate the feasibility and desirability of any methods
which could be utilized by the commonwealth in order to provide incentive for
or incubate the production of alternative fuel vehicles and equipment within
its borders. The evaluation shall include, but not be limited to, the potential
economic benefits of the production, including job growth, and the potential
environmental benefits associated with the production and increased
distribution of alternative fuel vehicles and equipment in the commonwealth.
The secretary shall report the findings of the evaluation, and its
recommendations, if any, together with drafts of legislation necessary to carry
such recommendations into effect, to the clerks of the senate and house of
representatives not later than 1 year after the effective date of this act.
SECTION 19. Not later than December 31 of each
year, the Massachusetts Bay Transportation Authority shall file with the clerks
of the senate and house of representatives and the joint committee on economic
development and emerging technologies a report indicating its utilization of
hybrid and alternative fuel vehicles and related technologies. The report shall
include, but not be limited to, the increased costs or savings, if any,
associated with the use of the vehicles, the amount of fuel used and conserved
by the use of the vehicles, the emissions rates for the vehicles and other
vehicles in the fleet and the positive and negative factors, if any, associated
with their use.
The report shall identify any impediments to the use of the vehicles and
technologies and shall include any legislative recommendations to address those
impediments.
SECTION 20. The operational services division, in
consultation with the executive office of transportation, the secretary of
administration and finance, the division of energy resources, the Massachusetts
Bay Transportation Authority and regional transit authorities, shall study the
feasibility of developing and implementing a system to facilitate the mass
purchase of alternative fuel vehicles by the commonwealth and its political subdivisions.
The study shall include, but not be limited to, the potential cost savings to
be derived from the system, the cost of its administration, appropriate
purchasers to participate in the system and the probability of its utilization
by those purchasers.
The operational services division shall report the findings of the study, and
its recommendations if any, together with drafts of legislation necessary to
carry such recommendations into effect, by filing the same with the clerks of
the senate and house of representatives not later then 1 year after the
effective date of this act.
SECTION 20A. There shall be a special commission to
report on the expanded use of biodiesel fuel in the commonwealth. The
commission shall consist of 1 member to be appointed by the department of
environmental protection; 1 member to be appointed by the department of
telecommunications and energy; 1 member to be appointed by the division of
energy resources; 2 members to be appointed by the senate president; 1 member
to be appointed by the senate minority leader; 2 members to be appointed by the
speaker of the house of representatives; 1 member to be appointed by the
minority leader of the house of representatives; and members to be appointed by
the governor to provide appropriate consumer, environmental, and industry
representation. The commission shall submit a report and recommendations to the
secretary of environmental affairs; office of commonwealth development; the
joint committee on telecommunications, utilities, and energy; the joint
committee on environment, natural resources and agriculture; the joint
committee on state administration and regulatory oversight; and the house and
senate clerks by
SECTION 21. Hybrid and alternative fuel vehicles
which display a special identifying placard issued under section 12 may travel
in high occupancy vehicle or
SECTION 22. Section 8 shall be in effect for taxable years 2006 to 2010, inclusive.
SECTION 23. Section 10 shall be in effect for taxable years 2005 to 2015, inclusive.
SECTION 24. Section 11 shall be in effect for taxable years 2005 to 2010, inclusive.”
Messrs. Tarr, Lees, Tisei, Knapik, Hedlund Brown and Morrissey moved that the bill be amended by inserting at the end the following two sections:-
“SECTION ___. Section 13 of chapter 64A of the General
Laws, as appearing in the 2004 Official Edition is hereby amended by striking
out, commencing in line 4, the words, ‘the General Fund and may be used for
airport development projects approved and carried out at airports and landing
facilities pursuant to 49
SECTION ___. Section 49 of chapter 90 of the General Laws,
as appearing in the 2004 Official Edition is hereby amended by inserting after the
sentence ending in the words, ‘annual fee’ in line 29, the following sentence:
‘Fees collected from the registration of
aircraft and dealers of aircraft, and additional fees, if any, associated with
late registration or fees from other infractions shall be credited and
deposited in a revolving account established to fund the operating and
administrative expenses of the Massachusetts Aeronautics Commission.’”
GOV
SEAPORT BONDS
Messrs. Tarrand Mr. Montigny, Lees, Tisei, Hedlund, Brown and Montigny moved that the bill be amended at the end by inserting the following sections:-
SECTION ___. Section 2A of chapter 28 of the acts of 1996 is hereby repealed.
SECTION ___. Section 2 of chapter 28 of the acts of 1996, is hereby amended in item 2000-6966 by inserting after the words “wooden docks in Kingston” the following:- “ provided further, that $1,000,000 shall be expended for capital repairs and improvements to the Schooner Ernestina; provided further, that not less than $500,000 shall be expended for the reconstruction of the pier facilities at the Maritime Heritage Center in the city of Gloucester; provided further, that not less than $500,000 shall be expended for the dredging and maintenance of Old Harbor in the town of Rockport;” ;
And further in said line item, by striking out the figure “$65,000,000” and inserting in place thereof the following figure:— “$150,000,000”.
SECTION ___. Section 3 of chapter 28 of the acts of 1996 is hereby amended by striking out, in lines 4 to 5, inclusive of the first paragraph, the words “one hundred eighty-three million eight hundred and fifty thousand dollars” and inserting in place thereof the following figure:— “$268,850,000”.
SECTION ___. Sections 5 and 6 of chapter 28 of the acts of 1996 are hereby repealed.
REIMBURSEMENT FOR THE TOWN OF
Mr. Hedlund moved that the bill be amended, in Section 2, by inserting after item 1599-3838, the following new item:
1599-3842 For payment to the town
of Scituate to be transferred from the general fund, pursuant to a fine levied
against Cashman, Balfour, Beatty, the primary contractor for the Greenbush rail
restoration project, for wetlands violations, discovered and responded to, due
to the vigilance of the officials of the town of Scituate. Said reimbursement
shall be used by the town of
WITHDRAWN
ADMINISTRATIVE RECORDS LIST
Mr. Rosenberg moved that the bill be amended by inserting, after Section __, the following new Section:-
“SECTION__. (a) The secretary of administration and finance or his designee, in this section called the secretary, the jury commissioner or her designee, and the state secretary or his designee shall together convene a working group to establish an administrative records list of all residents 17 years and older for the purpose of testing the feasibility of using such a list for the creation of jury pools and purging voter lists. The working group shall consist of representatives of appropriate executive and judicial agencies and others, as determined by the secretary. The secretary shall consult with and work collaboratively with the working group in carrying out this section.
(b) All state agencies possessing an electronic database which contains information relative to these persons, including but not limited to the state secretary, registry of motor vehicles, department of revenue, board of higher education, department of transitional assistance, office of medicaid, department of public health and division of unemployment assistance, notwithstanding section 46 of chapter 151A of the General Laws, shall provide in electronic form a copy of the database in a format acceptable to the secretary. In addition, any city or town that conducts an annual census shall provide such data to the secretary, and all public and private colleges and universities shall provide such data from enrollment records. To the extent possible, the data shall include the name, residential address, mailing address, race, gender, social security number, and date of birth of each person. In those cases where a federal or state waiver or authorization is necessary to provide this information, each agency or entity shall take all necessary steps to obtain such authorization or waiver, which a state agency may not unreasonably withhold. No information shall be provided to the secretary beyond that required to create the administrative records list. Nothing shall be included in a printed administrative records list that would indicate from which source list the information on an individual resident was derived. The secretary may secure and use additional lists from nongovernmental institutions and sources in order to create the administrative records list.
(c) The secretary, on behalf of the working group, shall provide in electronic form a copy of the administrative records list, not containing social security numbers, to the jury commissioner for the purpose of testing the feasibility of using such a list for the creation of jury pools. The secretary shall provide in electronic form a copy of the administrative records list to the state secretary only for purposes of testing its use to maintain voter registration lists and testing its use as a source for street lists for cities and towns, and to the Massachusetts State Data Center at the University of Massachusetts Donahue Institute for the purposes of testing the administrative records list and supporting efforts to improve United States Census Bureau population estimates for the commonwealth only. The secretary, the state secretary, the jury commissioner, the department of revenue, the Massachusetts State Data Center, and all others who have access to data under this section shall treat all such data confidentially, and such data and any record created, received or maintained from such data under this section shall not be a public record and shall not be disclosed except as provided in this section. Testing of the administrative records list shall not replace or alter any requirement of current law for creating jury pools, maintaining voting lists or establishing street lists, until further act of the general court. The jury commissioner and the state secretary shall report their findings and recommendations based on the testing required by this section to the clerks of the senate and house of representatives not later than four (4) years from the start of the testing period.
(d) For the purposes of establishing an administrative records list, the commissioner of revenue shall disclose to the office of the secretary the names, social security numbers and addresses of residents filing personal income tax returns, but such information shall not be disclosed if the IV-D agency has been provided with reasonable evidence of a risk of harm pursuant to section 5A of chapter 119A of the General Laws.
(e) For the purposes of this section, the information contained in the wage reporting match system may be disclosed to the secretary for the purpose of establishing an administrative records list. Only information required to create the administrative records list shall be provided to the secretary including, but not limited to, the name and social security number of each individual listed.
GOV 565
Mr. Antonioni moved that the bill
be amended, in Section 2, in item 0540-2000, by striking out the figure
“$787,067” and inserting in place thereof the following figure:- “$940,083”.
GOV
TENANCY PRESERVATION
Mr. Lees moved that the bill be amended, in Section 2, in item 7004-3045 by striking out the following words:-
“For a tenancy preservation program for neutral party consultation services in eviction cases before the housing court department of the Massachusetts trial court for individuals with disabilities and families that contain an individual with a disability in cases where the disability is directly related to the reason for eviction; provided, that only households who have a housing voucher or who reside in housing that is defined as subsidized by the department shall be eligible for the program; provided further, that the program shall include but not be limited to intensive case management and tenant services designed to preserve the tenancy or to retain the housing subsidy; provided further, that the program shall include tenancy training for landlords, tenants and program administrators; and provided further, that the department shall administer the program through a competitive application process “;
and inserting in place thereof the following: “For a tenancy preservation program for neutral party consultation services in eviction cases before the housing court department of the Massachusetts trial court for individuals with disabilities and families that contain an individual with a disability in cases where such disability is directly related to the reason for eviction”;
and by striking out the figure “$250,000” and inserting in place thereof the following figure:- “$500,000”.
COMPTROLLER
Mr. Lees moved that the bill be amended by inserting, after Section ___, the following new section:-
“SECTION ___. Section 1 of Chapter 7A of the General Laws
as appearing in the 2004 Official Edition is hereby amended by striking out the
ninth sentence.”
WITHDRAWN
MEDICARE PART B REIMBURSEMENTS
Mr. Morrissey moved that the bill be amended by inserting at the end thereof the following new section:-
SECTION . Notwithstanding the provisions
of any general or special law to the contrary, the commonwealth shall pay a
refund of fifty percent of the medicare part B premium, which was paid by any
person, who is insured and required to pay the medicare part B premium under Chapter
32A of the General Laws, during fiscal year 2006.
WITHDRAWN
Transitional Escrow Fund Extension I
Ms. Murray moved that the bill be amended by striking out section 71 and inserting in place thereof the following section:-
SECTION 71. Subsection (b) of section 16 of chapter 106
of the acts of 2005 is hereby amended by striking out the date, “
Transitional Escrow Fund Extension II
Ms. Murray moved that the bill be amended by striking out section 71 and inserting in place thereof the following section:-
SECTION 71. Subsection (b) of
section 16 of chapter 106 of the acts of 2005 is hereby amended by striking out
the date, “
WITHDRAWN