FY09 Budget Amendments -- Local Aid


Budget Home \| Other \| Local Aid \| Judiciary \| Constitutional Officers/Executive Branch Environmental Affairs \| Economic Development 1 \| Economic Development 2 \| Education \| Public Safety Transportation \| Health and Human Services 1 \| Health and Human Services 2 Amendment Home
Redraft EDU 69 An Amendment Relative to Education Reform Mr. Tarr moved that the bill be amended by adding at the end the following section:- “SECTION 91. Notwithstanding any general or special laws to the contrary, any and all meetings of the so-called “Readiness Project” shall be disclosed to the public through posting in a conspicuous manner on the home web site of the Commonwealth. LOC 70 VETERANS' BENEFITS REIMBURSEMENT FOR MUNICIPALITIES WITH ACTIVE MILITARY BASES Ms. Fargo moved that the bill be amended, in Section 2, in item 1410-0400, by inserting after the words “soldiers’ home” the following words:- “or residents of a veteran’s residential facility of a municipality that has an active military base located in such municipality” LOC 71 AUTO EXCISE TAX EXEMPTION FOR ACTIVE MILITARY Ms. Fargo and Messrs. Brown and Hedlund move to amend the bill by inserting, after Section ____, the following new Section:- “SECTION ____. Chapter 60A of the General Laws is hereby amended adding the following section:- Section 9A. Upon acceptance of this section by a municipality and notwithstanding any other law to the contrary, the excise imposed by this chapter shall not apply to a motor vehicle owned and registered by a resident who is in active and full time military service as a member in the armed forces of the United States or the national guard, army or air, of any state, and has been deployed or stationed outside the territorial boundaries of the continental United States for a period of not less than 45 days in the calendar year of such exemption. Except, such military member who is wounded or killed in an armed conflict shall not be subject to the foregoing period of service qualification for the calendar year in which such event occurs. This exemption shall apply to not more than one motor vehicle owned and registered by such military member in his own name or jointly with a spouse for a non-commercial purpose. A military member who qualifies for this exemption for a calendar year shall be entitled to the exemption upon application to the assessors for such year. In the event the excise assessed has been paid, a military member who qualifies for such exemption for a calendar year may apply to the board of assessors for an abatement of the amount paid as provided in section 2 of this chapter for an owner aggrieved by the excise assessed. An abatement made for this exemption shall include any interest paid as related to such excised assessed. A municipality which accepts the provisions of this section, shall, in connection with the issuance of warrant to collect unpaid motor vehicle or trailer excise tax from a delinquent taxpayer, add $3 to the fee prescribed in paragraph 9 of section 15 of chapter 60. The acceptance by a municipality of this section, shall take effect on the first day of January next occurring from the approval by the municipality to accept this section.” Redraft LOC 72 MUNICIPAL BORROWING Messrs. Timilty and Morrissey moved that the bill be amended by inserting the following new section: - SECTION XX SECTION 1. Section 7 of chapter 44 of the General Laws is hereby amended by inserting after clause 17 the following new clause: - (17A) For dredging of tidal and non-tidal rivers and streams, harbors, channels and tide waters, ten years. SECTION 2. Section 7 of chapter 44 of the General Laws is hereby amended by inserting at the end thereof the following new clause: - (32) For the cost of cleaning up or preventing pollution caused by existing or closed municipal facilities not defined in Chapter 44 s 8 clause (21), including clean up or prevention activities taken pursuant to chapter 21E or chapter 21H, twenty years; provided, however, that no indebtedness shall be incurred hereunder until plans relating to the project shall have been submitted to the department of environmental protection and the approval of said department has been granted therefore. LOC 73 FITCHBURG PARKING Mr. Antonioni moved that the bill be amended by inserting, after Section ____, the following new Section:- "SECTION ____. The trial court shall allow the general public to park in the Fitchburg superior courthouse parking lot on weekdays between 5:00 p.m. and a closing time which is before midnight and which is agreed upon by a neighborhood association comprised of governmental and charitable organizations located within 50 yards of the parking lot and all day on weekends if: (1) the neighborhood association erects and maintains signs near the entrances to the parking lot that state the times that the parking lot is available for use by the general public; (2) the association locks and secures the entrance to the parking lot at the closing time everyday as directed by courthouse staff; and (3) the association arranges and pays for the towing of unauthorized vehicles that are in the parking lot when courthouse staff unlocks the parking lot’s entrance on weekday mornings and at any other times." ECO 74 CAPE COD LOCAL DEVELOPMENT Mr. O'Leary moved that the bill be amended, in Section 2, in item 7007-0900, by inserting at the end thereof the following:- “provided further, that not less than $50,000 shall be expended to the Hyannis Athletic Association for a grant to make field improvements and upgrades at McKeon field in Hyannis.”. LOC 75 An Amendment Providing Chapter 70 Equitable Adjustments Mr. Tarr moved that the bill be amended, in Section 2, in item 7061-0008, by adding at the end thereof the following: “provided further, that no city, town, or regional school district shall receive less in Chapter 70 funding than it did in Fiscal Year 2002 or Fiscal Year 2003, whichever is greater”; and further, by striking out the figures “3,948,824,061” and inserting in place thereof the figures “3,968,783,426”. Bottom line figure of line item 7061-0008 increase by $31,329,637 LOC 76 An Amendment Restoring Pothole Funding Mr. Tarr moved that the bill be amended, in Section 2, by inserting after item 7061-0008 the following item:- “7061-0011: For a reserve to: (1) meet extraordinary increases in the minimum required local contribution of a municipality as calculated pursuant to the requirements of section 3; provided, that a municipality seeking funds hereunder shall apply for a waiver from the department of revenue pursuant to section 67; provided, further, that the commissioner shall issue a finding concerning such waiver applications within 30 days of the receipt thereof, after consulting with the commissioner of education regarding the merits of such application; (2) meet extraordinary increases of greater than 25 per cent in a municipality’s required contribution to any of the districts to which the municipality belongs as a result of the regional allocation methodology; provided, that preference in the awarding of these funds shall be given to municipalities whose required local contribution exceeds 60 per cent of their foundation budget; provided further, that preference in the awarding of these funds shall be given to municipalities that were not awarded such funds in fiscal year 2008; provided further, that not less than $800,000 shall be used for this purpose; (3) assist regional school districts which, prior to fiscal year 2009, have assessed member towns using the provisions of their regional agreement, and which, in fiscal year 2009, will assess member towns using the required contributions calculated pursuant to section 3; (4) assist towns impacted by stresses in the commercial agricultural, fishing or lobster industry whose required local contribution exceeds 75 per cent of their foundation budget; (5) assist towns negatively impacted by shortfalls in federal impact aid for the education of children in families employed by the federal government on military reservations located within the town's limits; provided, that any grants provided under this item shall be expended by a school committee without further appropriation; (6) assist regional school districts in rural areas which meet each of the following 3 criteria: (a) have fewer than 40 full-time enrollment students per square mile; (b) have experienced more than 6.5 per cent enrollment decline between fiscal year 2003 and fiscal 2008; and (c) have a target aid percentage greater than 50 per cent; provided, that any grants provided under this item shall be expended by a school committee without further appropriation; (7) assist districts experiencing enrollment declines that have implemented programs in conjunction with a public college or university designed to re-enroll students who have dropped out; provided, that any grants provided under this item shall be expended by a school committee without further appropriation; (8) assist municipalities with median per capita income below the state average and equalized valuation per capita above the state average; provided, that preference in the awarding of funds shall be given to municipalities with required local contributions greater than 80 per cent of their foundation budgets; (9) to assist towns in which in excess of one-third of the total land mass of the town is owned and controlled by the commonwealth and which receive payment in lieu of taxes on less than 25 per cent of said land; (10) assist districts which meet each of the following criteria: (a) receive an increase of less than 10% from FY08 aid levels to FY09 chapter 70 (b) have required net school spending of 100% of the foundation budget (c) have foundation enrollment loss from FY08 to FY09; provided, that any grants provided to school districts under this item shall be expended by a school committee without further appropriation; provided further, that the department shall make not less than 80 per cent of awards from this item not later than October 15, 2008;and provided further, that no funds distributed from this item shall be considered prior year chapter 70 aid nor used in the calculation of the minimum required local contribution for fiscal year 2010..................................................................................................................... $7,000,000 LOC 77 CERTAIN CHECKS NOT CASHED AND DEEMED ABANDONED Mr. Knapik moved that the bill be amended by inserting after Section 90, the following new Section:- “SECTION 91. Section 9A of chapter 200A of the general laws is hereby repealed in its entirety and shall be replaced with the following: Section 9A. Alternative procedure for handling abandoned funds held by cities, towns and districts. (a) This section shall apply to abandoned funds, as determined herein, held in the custody of cities, towns or districts that have accepted the provisions of this section pursuant to section 4 of chapter 4 of the general laws. In the case of such cities, towns or districts accepting the provisions of this section there shall be an alternative procedure for disposing of abandoned funds held in the custody of such cities, towns or districts as provided in this section, and only this section shall apply to the disposition of such funds. (b) Any funds held in the custody of a city, town or district that has accepted this section may be presumed by the city, town or district treasurer to be abandoned unless claimed by the corporation, organization, beneficiary or person entitled thereto within one year after the date prescribed for payment or delivery, provided the last instrument intended as payment bears upon its face the statement “void if not cashed within one year from date of issue.” Once a period of one year has elapsed from the date of any such instrument, the treasurer of any such city, town or district may cause the financial institution upon which the instrument was drawn to stop payment on the instrument, or otherwise cause the financial institution to decline payment on the instrument, and any claims made beyond this date may only be paid by the city, town or district through the issuance of a new instrument. Neither the city, town, district nor financial institution shall be liable for damages, consequential or otherwise, resulting from a refusal to honor an instrument of a city, town or district submitted for payment more than one year from its issuance. (c) The treasurer of a city, town or district holding funds owed to a corporation, organization, beneficiary or person entitled thereto, that are presumed to be abandoned as aforementioned, shall post a notice, which notice shall be entitled “Notice of Names of Persons appearing to be Owners of funds held by (insert city, town or district name), and deemed abandoned.” The notice shall specify those who appear from available information to be entitled to such funds, shall provide a description of the appropriate method for claiming such funds, and shall state a deadline beyond which funds may no longer be claimed, provided such deadline is no earlier than sixty days from the date such notice was either postmarked or first posted on a website as herein provided. The treasurer of such city, town or district may post such notice using one or both of the following methods: (1) by mailing such notice postpaid to the last known address of the beneficiary or person entitled thereto, sent via first class mail, or (2) if the city, town or district maintains an official website the said treasurer may, as an alternative, post the notice conspicuously on said website for a period of not less than 60 days. (d) In the event funds appearing to be owed to a corporation, organization, beneficiary or person amount to $100 or more, and the deadline as provided in the aforementioned notice has passed, and no claim for the funds has been made, the treasurer shall cause an additional notice, in substantially the same form as the aforementioned notice, to be published in a newspaper of general circulation in the county (or counties) in which the city, town or district is located, except that this notice shall provide an extended deadline beyond which funds cannot be claimed, which shall be no earlier than one year from the date of publication of such notice. (e) Once the final deadline of the aforementioned notice(s) has passed, the funds owed to such corporation, organization, beneficiary or person entitled thereto shall escheat to the city, town or district and the treasurer thereof shall record the funds as revenue in the general fund of the city, town or district, and the city, town or district shall not thereafter be liable to the corporation, organization, beneficiary or person for payment of those funds, nor for the underlying liability for which the funds were originally intended. These funds shall then be available to the city, town or district’s appropriating authority for appropriation for any other public purpose. In addition to the notices herein provided for, the treasurer of the city, town or district may initiate any other notices or communications that are directed in good faith toward making final disbursement of the funds to the corporation, organization, beneficiary or person entitled thereto. Prior to escheatment of the funds, the treasurer of the city, town or district shall hear all claims on funds that may arise, and if it is clear, based on a preponderance of the evidence available to the treasurer at the time the claim is made that the claimant is entitled to disbursement of the funds, the treasurer shall disburse funds to the claimant upon receipt by the treasurer of a written indemnification agreement from the claimant wherein the claimant agrees to hold the city, town or district and the treasurer of the city, town or district harmless in the event it is later determined that the claimant was not entitled to receipt of the funds. If it is not clear, based on a preponderance of the evidence before the treasurer at the time of the claim that the claimant is entitled to disbursement of the funds, the treasurer shall segregate the funds into a separate, interest bearing, bank account and shall notify the claimant of such action within 10 days. A claimant affected by this action may appeal within 20 days to the district, municipal or superior court of the county in which the city, town or district is located. The claimant shall have a trial de novo. An appeal shall be perfected by the claimant within 20 days after receiving notice of this action by the city, town or district treasurer. A party adversely affected by a decree or order of the district, municipal or superior court may appeal to the appeals court or the supreme judicial court within 20 days from the date of the decree. If the validity of the claim shall be determined in favor of the claimant or another party, the treasurer shall disburse funds to the claimant in accordance with the order of the court, including interest accrued. If the validity of the claim is determined to be not in favor of the claimant or any other party, or if the treasurer does not receive notice that an appeal has been filed within one year from the date the claimant was notified that funds were being withheld, then the funds, plus accrued interest, shall escheat to the city, town or district in the manner herein provided. If the claimant is domiciled in a country or state outside the United States or its territories and the city, town or district determines that there is no reasonable assurance that the claimant will actually receive the payment provided for in this section in substantially full value, the superior court, in its discretion or upon a petition by the city, town or district may order that the city, town or district retain such payment. The earlier Section 9A of chapter 200A herein repealed shall apply to funds wherein the final instrument of disbursement was issued prior to the effective date of this act.” LOC 78 RELATIVE TO THE COLLECTION OF PERSONAL PROPERTY TAXES Mr. Moore moved that the bill be amended by inserting, after Section____, the following new Sections:- “SECTION ___. Chapter 60 of the General Laws is hereby amended by inserting the following new section:--Section 37C Security Interest on taxable personal property Taxes assessed upon personal property under the provisions of chapter fifty-nine, including section eighteen, with all accrued interest, incidental charges and fees provided for in chapter fifty-nine, and other provisions of this chapter shall be a security interest in the personal property so taxed, as well as all after acquired consumer goods, equipment and inventory and the proceeds from the sale of any such personal property until the security interest is terminated as provided in this section. The assessment of personal property taxes by a municipal board of assessors shall have the force and effect of a signed security agreement under the provisions of chapter one hundred-six, hereinafter referred to in this section as “the Uniform Commercial Code.” The security interest shall have the force and effect of an unperfected security interest in accordance with the provisions of the Uniform Commercial Code and once perfected shall have the force and effect of a perfected security interest in accordance with the provisions of the Uniform Commercial Code. The unperfected security interest shall be perfected upon: (1) nonpayment of the tax, including partial nonpayment, fourteen days after the mailing of a demand in accordance with section sixteen of this chapter; and, (2) the filing of a financing statement by the municipal collector at the office of the state secretary in accordance with the provisions of the Uniform Commercial Code, provided that the collector may file a financing statement no earlier than fourteen days following the mailing of a demand to the taxpayer. The collector shall, upon perfection of the security interest, add the cost of filing the financing statement and the cost of filing a termination statement plus an additional fee of five dollars for the preparation of the financing statement and an additional fee of five dollars for the preparation of a termination statement to the balance due. If it appears to the collector that a filed financing statement is going to lapse, the collector shall file a continuation statement, as well as succeeding continuation statements in accordance with the provisions of the Uniform Commercial Code, to continue the effectiveness of the initial financing statement, adding to the balance due the cost of filing each necessary continuation statement plus a fee of five dollars for their preparation. Once the balance due, including the tax, accrued interest, incidental charges, and fees as provided by chapter fifty-nine and other provisions of this chapter have been fully abated or fully paid the security interest provided for under this section shall terminate, and if the security interest was perfected, the collector or an assignee of the collector shall file a termination statement at the office of the state secretary in accordance with the provisions of the Uniform Commercial Code. The collector may assign an underlying personal property tax receivable in accordance with the procedures provided for in section 2C of this chapter provided that the provisions of the Uniform Commercial Code governing the assignment of a security interest are also followed. In the event of a direct conflict between section 2C of this chapter and the provisions of the Uniform Commercial Code, the provisions of the Uniform Commercial Code shall control as to the assignment of the security interest and the provisions of this chapter shall control as to the assignment of the tax receivable. If a tax receivable and security interest has not previously been assigned, the collector shall assign the tax receivable and the security interest, in accordance with the provisions of the Uniform Commercial Code, to any other secured party holding a concurrent security interest in the same personal property, regardless of when the other secured party’s interest was perfected, if that secured party fully pays the balance due to the collector. All remedies available to holders of secured interests under the provisions of the Uniform Commercial Code for default of an underlying obligation shall be available to the collector or to an assignee to collect the balance due and the use of the provisions of the Uniform Commercial Code by the collector or an assignee shall not interfere with the ability of the collector or an assignee to use other remedies, including the further accrual of interest on the tax receivable, as provided in chapter fifty-nine, this chapter or any other applicable provision of law to collect the balance due. All terms used in this section shall be defined by reference to those terms as they are used under the Uniform Commercial Code unless specific reference is made in this section to another provision of law. SECTION ___. Section 95 of Chapter 60 is hereby amended by inserting at the end of the first sentence the words:-- “; and upon the filing of a financing statement in accordance with the provisions of Section 37C and the provisions of the Uniform Commercial Code, with the amount of uncollected personal property taxes represented by the financing statement.” LOC 79 LOCAL AID Mr. Marzilli, Mr. Tarr, Mr. O'Leary, Mr. Baddour, Mr. Galluccio, Ms. Jehlen, Ms. Spilka, and Mr. Hedlund moved that the bill be amended, in Section 2, by inserting after item 7061-0012 the following item: “7061-0013 For aid to cities and towns for which the total amount in section three of this act for any city or town is less than the total amount in section three of Chapter 177 of the Acts of 2001 for Chapter 70 school aid, Additional Assistance and Lottery distributions for such city or town; provided, that such total aid to any individual city or town shall not exceed $500,000 …… $5,717,182” LOC 80 BOSTON PUBLIC LIBRARY Ms. Walsh moved that the bill be amended, in Section 2, in item 7000-9401, by striking out the figure “$1.10” and inserting in place thereof the figure “$1.15”; and by striking out the figure “$17,166,071” and inserting in place thereof the figure “$17,666,071.” LOC 81 LOCAL COLA BASE Ms. Walsh, Ms. Jehlen and Mssrs. Morrissey, Galluccio, Timilty and Marzilli moved that the bill be amended by deleting Section 15 and inserting in place thereof the following section: “Section 15. (a) Section 103 of said chapter 32 is amended by inserting the following new paragraph:- (j) Notwithstanding the provisions of paragraph (a) to the contrary, any system, by accepting the provisions of this paragraph as hereinafter provided, shall establish a base amount of $16,000 upon which the cost-of-living adjustment shall be calculated. Acceptance of this paragraph shall be by a majority vote of the board of such system, subject to the approval of the legislative body. For the purpose of this paragraph, “legislative body” shall mean, the city council in accordance with its charter, in the case of a town, the town meeting, in the case of a county or region, the county or regional retirement board advisory council, in the case of a district, the district members, and, in the case of an authority, the governing body. Acceptance of this paragraph shall be deemed to have occurred upon the filing of the certification of such vote with the commission. A decision to accept the provisions of this paragraph may not be revoked. Notwithstanding the provisions of subdivision (6A) of Section 22 or Section 22D to the contrary, for each system that has accepted the provisions of this paragraph, the board, in consultation with the commission, shall prepare a funding schedule which shall reflect the costs and the actuarial liabilities attributable to the cost of living allowance that may be paid in accordance with the provisions of this paragraph and said schedule shall be designed to reduce the applicable retirement system’s pension liability to zero by such year, that may be subsequent to June 30, 2028, as approved by the commission. The board shall file revised funding schedules triennially with the joint committee on public service until such costs and liabilities are reduced to zero. (b) Section 22D of said chapter 32, as appearing in the 2006 Official Edition, is amended by inserting in line 29 after the word “approve” the following words: - provided further, however, that in the event that a system has accepted the provisions of paragraph (j) of Section 103, the funding schedule, and any updates thereto, shall be designed to reduce the unfunded actuarial liability of said system to zero as of such year, that may be subsequent to , as the commission shall approve.” LOC 82 An Amendment Relative to Educational Priorities Mr. Tarr moved that the bill be amended, in Section 2, in item 7061-0008, by adding at the end thereof the following: “provided further, that no city, town, or regional school district shall receive less in Chapter 70 funding than it did in Fiscal Year 2002 or Fiscal Year 2003, whichever is greater”; and further, by striking out the figure “3,948,824,061” and inserting in place thereof the figure “3,968,783,426”; And further, by amending, in Section 2, in item 7010-0005, by striking the figure “$16,580,047” and inserting in place thereof the figures “$14,293,430”; And further, by amending, in Section 2, in item 7061-9412, by striking the figure “$17,500,000” and inserting in place thereof the figure “$13,000,000”; And further, by amending, in Section 2, in item 7066-0000, by striking the words “provided further, that not less than $2,000,000 shall be expended for the department to make payments to public higher education institutions for the dual enrollment program allowing qualified high school students to take college courses”; and further, by striking the figure “$6,512,898” and inserting in place thereof the figure “$4,512,898”; And further, by amending, in Section 2, by striking item 0640-0010. Redraft LOC 83 LAW ENFORCEMENT PERSONNEL Mr. Creedon moved that the bill be amended by inserting after Section 90, the following new section: SECTION_____. Notwithstanding any general or special law or rule or regulation to the contrary, no duly sworn officer of a municipal police department, the state police or any state agency, department or institution shall be prohibited from carrying a firearm issued by an issuing authority while on official business in any court house or court room of the Commonwealth of Massachusetts. LOC 84 PILOT FUNDING Mr. Joyce and Ms. Fargo moved that the bill be amended, in Section 2, in item 0611-5510, by striking out the figure “$28,300,000” and inserting in place thereof the following figure:- “$30,300,00 Back to the Top

Amendment Home

Redraft EDU 69

An Amendment Relative to Education Reform

Mr. Tarr moved that the bill be amended by adding at the end the following section:-

“SECTION 91. Notwithstanding any general or special laws to the contrary, any and all meetings of the so-called “Readiness Project” shall be disclosed to the public through posting in a conspicuous manner on the home web site of the Commonwealth.

LOC 70

VETERANS' BENEFITS REIMBURSEMENT FOR MUNICIPALITIES WITH ACTIVE MILITARY BASES

Ms. Fargo moved that the bill be amended, in Section 2, in item 1410-0400, by inserting after the words “soldiers’ home” the following words:- “or residents of a veteran’s residential facility of a municipality that has an active military base located in such municipality”

LOC 71

AUTO EXCISE TAX EXEMPTION FOR ACTIVE MILITARY

Ms. Fargo and Messrs. Brown and Hedlund move to amend the bill by inserting, after Section ____, the following new Section:-

“SECTION ____. Chapter 60A of the General Laws is hereby amended adding the following section:-
Section 9A. Upon acceptance of this section by a municipality and notwithstanding any other law to the contrary, the excise imposed by this chapter shall not apply to a motor vehicle owned and registered by a resident who is in active and full time military service as a member in the armed forces of the United States or the national guard, army or air, of any state, and has been deployed or stationed outside the territorial boundaries of the continental United States for a period of not less than 45 days in the calendar year of such exemption. Except, such military member who is wounded or killed in an armed conflict shall not be subject to the foregoing period of service qualification for the calendar year in which such event occurs. This exemption shall apply to not more than one motor vehicle owned and registered by such military member in his own name or jointly with a spouse for a non-commercial purpose. A military member who qualifies for this exemption for a calendar year shall be entitled to the exemption upon application to the assessors for such year. In the event the excise assessed has been paid, a military member who qualifies for such exemption for a calendar year may apply to the board of assessors for an abatement of the amount paid as provided in section 2 of this chapter for an owner aggrieved by the excise assessed. An abatement made for this exemption shall include any interest paid as related to such excised assessed.

A municipality which accepts the provisions of this section, shall, in connection with the issuance of warrant to collect unpaid motor vehicle or trailer excise tax from a delinquent taxpayer, add $3 to the fee prescribed in paragraph 9 of section 15 of chapter 60.

The acceptance by a municipality of this section, shall take effect on the first day of January next occurring from the approval by the municipality to accept this section.”

Redraft LOC 72

MUNICIPAL BORROWING

Messrs. Timilty and Morrissey moved that the bill be amended by inserting the following new section: -

SECTION XX

SECTION 1. Section 7 of chapter 44 of the General Laws is hereby amended by inserting after clause 17 the following new clause: - (17A) For dredging of tidal and non-tidal rivers and streams, harbors, channels and tide waters, ten years.

SECTION 2. Section 7 of chapter 44 of the General Laws is hereby amended by inserting at the end thereof the following new clause: - (32) For the cost of cleaning up or preventing pollution caused by existing or closed municipal facilities not defined in Chapter 44 s 8 clause (21), including clean up or prevention activities taken pursuant to chapter 21E or chapter 21H, twenty years; provided, however, that no indebtedness shall be incurred hereunder until plans relating to the project shall have been submitted to the department of environmental protection and the approval of said department has been granted therefore.

LOC 73

FITCHBURG PARKING

Mr. Antonioni moved that the bill be amended by inserting, after Section ____, the following new Section:-

"SECTION ____. The trial court shall allow the general public to park in the Fitchburg superior courthouse parking lot on weekdays between 5:00 p.m. and a closing time which is before midnight and which is agreed upon by a neighborhood association comprised of governmental and charitable organizations located within 50 yards of the parking lot and all day on weekends if: (1) the neighborhood association erects and maintains signs near the entrances to the parking lot that state the times that the parking lot is available for use by the general public; (2) the association locks and secures the entrance to the parking lot at the closing time everyday as directed by courthouse staff; and (3) the association arranges and pays for the towing of unauthorized vehicles that are in the parking lot when courthouse staff unlocks the parking lot’s entrance on weekday mornings and at any other times."

ECO 74

CAPE COD LOCAL DEVELOPMENT

Mr. O'Leary moved that the bill be amended, in Section 2, in item 7007-0900, by inserting at the end thereof the following:- “provided further, that not less than $50,000 shall be expended to the Hyannis Athletic Association for a grant to make field improvements and upgrades at McKeon field in Hyannis.”.

LOC 75

An Amendment Providing Chapter 70 Equitable Adjustments

Mr. Tarr moved that the bill be amended, in Section 2, in item 7061-0008, by adding at the end thereof the following: “provided further, that no city, town, or regional school district shall receive less in Chapter 70 funding than it did in Fiscal Year 2002 or Fiscal Year 2003, whichever is greater”; and further, by striking out the figures “3,948,824,061” and inserting in place thereof the figures “3,968,783,426”.
Bottom line figure of line item 7061-0008 increase by $31,329,637

LOC 76

An Amendment Restoring Pothole Funding

Mr. Tarr moved that the bill be amended, in Section 2, by inserting after item 7061-0008 the following item:-

“7061-0011: For a reserve to: (1) meet extraordinary increases in the minimum required local contribution of a municipality as calculated pursuant to the requirements of section 3; provided, that a municipality seeking funds hereunder shall apply for a waiver from the department of revenue pursuant to section 67; provided, further, that the commissioner shall issue a finding concerning such waiver applications within 30 days of the receipt thereof, after consulting with the commissioner of education regarding the merits of such application; (2) meet extraordinary increases of greater than 25 per cent in a municipality’s required contribution to any of the districts to which the municipality belongs as a result of the regional allocation methodology; provided, that preference in the awarding of these funds shall be given to municipalities whose required local contribution exceeds 60 per cent of their foundation budget; provided further, that preference in the awarding of these funds shall be given to municipalities that were not awarded such funds in fiscal year 2008; provided further, that not less than $800,000 shall be used for this purpose; (3) assist regional school districts which, prior to fiscal year 2009, have assessed member towns using the provisions of their regional agreement, and which, in fiscal year 2009, will assess member towns using the required contributions calculated pursuant to section 3; (4) assist towns impacted by stresses in the commercial agricultural, fishing or lobster industry whose required local contribution exceeds 75 per cent of their foundation budget; (5) assist towns negatively impacted by shortfalls in federal impact aid for the education of children in families employed by the federal government on military reservations located within the town's limits; provided, that any grants provided under this item shall be expended by a school committee without further appropriation; (6) assist regional school districts in rural areas which meet each of the following 3 criteria: (a) have fewer than 40 full-time enrollment students per square mile; (b) have experienced more than 6.5 per cent enrollment decline between fiscal year 2003 and fiscal 2008; and (c) have a target aid percentage greater than 50 per cent; provided, that any grants provided under this item shall be expended by a school committee without further appropriation; (7) assist districts experiencing enrollment declines that have implemented programs in conjunction with a public college or university designed to re-enroll students who have dropped out; provided, that any grants provided under this item shall be expended by a school committee without further appropriation; (8) assist municipalities with median per capita income below the state average and equalized valuation per capita above the state average; provided, that preference in the awarding of funds shall be given to municipalities with required local contributions greater than 80 per cent of their foundation budgets; (9) to assist towns in which in excess of one-third of the total land mass of the town is owned and controlled by the commonwealth and which receive payment in lieu of taxes on less than 25 per cent of said land; (10) assist districts which meet each of the following criteria: (a) receive an increase of less than 10% from FY08 aid levels to FY09 chapter 70 (b) have required net school spending of 100% of the foundation budget (c) have foundation enrollment loss from FY08 to FY09; provided, that any grants provided to school districts under this item shall be expended by a school committee without further appropriation; provided further, that the department shall make not less than 80 per cent of awards from this item not later than October 15, 2008;and provided further, that no funds distributed from this item shall be considered prior year chapter 70 aid nor used in the calculation of the minimum required local contribution for fiscal year 2010..................................................................................................................... $7,000,000

LOC 77

CERTAIN CHECKS NOT CASHED AND DEEMED ABANDONED

Mr. Knapik moved that the bill be amended by inserting after Section 90, the following new Section:-

“SECTION 91. Section 9A of chapter 200A of the general laws is hereby repealed in its entirety and shall be replaced with the following:

Section 9A. Alternative procedure for handling abandoned funds held by cities, towns and districts.

(a) This section shall apply to abandoned funds, as determined herein, held in the custody of cities, towns or districts that have accepted the provisions of this section pursuant to section 4 of chapter 4 of the general laws. In the case of such cities, towns or districts accepting the provisions of this section there shall be an alternative procedure for disposing of abandoned funds held in the custody of such cities, towns or districts as provided in this section, and only this section shall apply to the disposition of such funds.

(b) Any funds held in the custody of a city, town or district that has accepted this section may be presumed by the city, town or district treasurer to be abandoned unless claimed by the corporation, organization, beneficiary or person entitled thereto within one year after the date prescribed for payment or delivery, provided the last instrument intended as payment bears upon its face the statement “void if not cashed within one year from date of issue.” Once a period of one year has elapsed from the date of any such instrument, the treasurer of any such city, town or district may cause the financial institution upon which the instrument was drawn to stop payment on the instrument, or otherwise cause the financial institution to decline payment on the instrument, and any claims made beyond this date may only be paid by the city, town or district through the issuance of a new instrument. Neither the city, town, district nor financial institution shall be liable for damages, consequential or otherwise, resulting from a refusal to honor an instrument of a city, town or district submitted for payment more than one year from its issuance.

(c) The treasurer of a city, town or district holding funds owed to a corporation, organization, beneficiary or person entitled thereto, that are presumed to be abandoned as aforementioned, shall post a notice, which notice shall be entitled “Notice of Names of Persons appearing to be Owners of funds held by (insert city, town or district name), and deemed abandoned.” The notice shall specify those who appear from available information to be entitled to such funds, shall provide a description of the appropriate method for claiming such funds, and shall state a deadline beyond which funds may no longer be claimed, provided such deadline is no earlier than sixty days from the date such notice was either postmarked or first posted on a website as herein provided. The treasurer of such city, town or district may post such notice using one or both of the following methods: (1) by mailing such notice postpaid to the last known address of the beneficiary or person entitled thereto, sent via first class mail, or (2) if the city, town or district maintains an official website the said treasurer may, as an alternative, post the notice conspicuously on said website for a period of not less than 60 days.

(d) In the event funds appearing to be owed to a corporation, organization, beneficiary or person amount to $100 or more, and the deadline as provided in the aforementioned notice has passed, and no claim for the funds has been made, the treasurer shall cause an additional notice, in substantially the same form as the aforementioned notice, to be published in a newspaper of general circulation in the county (or counties) in which the city, town or district is located, except that this notice shall provide an extended deadline beyond which funds cannot be claimed, which shall be no earlier than one year from the date of publication of such notice.

(e) Once the final deadline of the aforementioned notice(s) has passed, the funds owed to such corporation, organization, beneficiary or person entitled thereto shall escheat to the city, town or district and the treasurer thereof shall record the funds as revenue in the general fund of the city, town or district, and the city, town or district shall not thereafter be liable to the corporation, organization, beneficiary or person for payment of those funds, nor for the underlying liability for which the funds were originally intended. These funds shall then be available to the city, town or district’s appropriating authority for appropriation for any other public purpose. In addition to the notices herein provided for, the treasurer of the city, town or district may initiate any other notices or communications that are directed in good faith toward making final disbursement of the funds to the corporation, organization, beneficiary or person entitled thereto.

Prior to escheatment of the funds, the treasurer of the city, town or district shall hear all claims on funds that may arise, and if it is clear, based on a preponderance of the evidence available to the treasurer at the time the claim is made that the claimant is entitled to disbursement of the funds, the treasurer shall disburse funds to the claimant upon receipt by the treasurer of a written indemnification agreement from the claimant wherein the claimant agrees to hold the city, town or district and the treasurer of the city, town or district harmless in the event it is later determined that the claimant was not entitled to receipt of the funds. If it is not clear, based on a preponderance of the evidence before the treasurer at the time of the claim that the claimant is entitled to disbursement of the funds, the treasurer shall segregate the funds into a separate, interest bearing, bank account and shall notify the claimant of such action within 10 days. A claimant affected by this action may appeal within 20 days to the district, municipal or superior court of the county in which the city, town or district is located. The claimant shall have a trial de novo. An appeal shall be perfected by the claimant within 20 days after receiving notice of this action by the city, town or district treasurer. A party adversely affected by a decree or order of the district, municipal or superior court may appeal to the appeals court or the supreme judicial court within 20 days from the date of the decree.

If the validity of the claim shall be determined in favor of the claimant or another party, the treasurer shall disburse funds to the claimant in accordance with the order of the court, including interest accrued. If the validity of the claim is determined to be not in favor of the claimant or any other party, or if the treasurer does not receive notice that an appeal has been filed within one year from the date the claimant was notified that funds were being withheld, then the funds, plus accrued interest, shall escheat to the city, town or district in the manner herein provided.

If the claimant is domiciled in a country or state outside the United States or its territories and the city, town or district determines that there is no reasonable assurance that the claimant will actually receive the payment provided for in this section in substantially full value, the superior court, in its discretion or upon a petition by the city, town or district may order that the city, town or district retain such payment.

The earlier Section 9A of chapter 200A herein repealed shall apply to funds wherein the final instrument of disbursement was issued prior to the effective date of this act.”

LOC 78

RELATIVE TO THE COLLECTION OF PERSONAL PROPERTY TAXES

Mr. Moore moved that the bill be amended by inserting, after Section____, the following new Sections:-

“SECTION ___. Chapter 60 of the General Laws is hereby amended by inserting the following new section:--Section 37C Security Interest on taxable personal property

Taxes assessed upon personal property under the provisions of chapter fifty-nine, including section eighteen, with all accrued interest, incidental charges and fees provided for in chapter fifty-nine, and other provisions of this chapter shall be a security interest in the personal property so taxed, as well as all after acquired consumer goods, equipment and inventory and the proceeds from the sale of any such personal property until the security interest is terminated as provided in this section.

The assessment of personal property taxes by a municipal board of assessors shall have the force and effect of a signed security agreement under the provisions of chapter one hundred-six, hereinafter referred to in this section as “the Uniform Commercial Code.” The security interest shall have the force and effect of an unperfected security interest in accordance with the provisions of the Uniform Commercial Code and once perfected shall have the force and effect of a perfected security interest in accordance with the provisions of the Uniform Commercial Code.

The unperfected security interest shall be perfected upon: (1) nonpayment of the tax, including partial nonpayment, fourteen days after the mailing of a demand in accordance with section sixteen of this chapter; and, (2) the filing of a financing statement by the municipal collector at the office of the state secretary in accordance with the provisions of the Uniform Commercial Code, provided that the collector may file a financing statement no earlier than fourteen days following the mailing of a demand to the taxpayer.

The collector shall, upon perfection of the security interest, add the cost of filing the financing statement and the cost of filing a termination statement plus an additional fee of five dollars for the preparation of the financing statement and an additional fee of five dollars for the preparation of a termination statement to the balance due.

If it appears to the collector that a filed financing statement is going to lapse, the collector shall file a continuation statement, as well as succeeding continuation statements in accordance with the provisions of the Uniform Commercial Code, to continue the effectiveness of the initial financing statement, adding to the balance due the cost of filing each necessary continuation statement plus a fee of five dollars for their preparation.

Once the balance due, including the tax, accrued interest, incidental charges, and fees as provided by chapter fifty-nine and other provisions of this chapter have been fully abated or fully paid the security interest provided for under this section shall terminate, and if the security interest was perfected, the collector or an assignee of the collector shall file a termination statement at the office of the state secretary in accordance with the provisions of the Uniform Commercial Code.

The collector may assign an underlying personal property tax receivable in accordance with the procedures provided for in section 2C of this chapter provided that the provisions of the Uniform Commercial Code governing the assignment of a security interest are also followed. In the event of a direct conflict between section 2C of this chapter and the provisions of the Uniform Commercial Code, the provisions of the Uniform Commercial Code shall control as to the assignment of the security interest and the provisions of this chapter shall control as to the assignment of the tax receivable.

If a tax receivable and security interest has not previously been assigned, the collector shall assign the tax receivable and the security interest, in accordance with the provisions of the Uniform Commercial Code, to any other secured party holding a concurrent security interest in the same personal property, regardless of when the other secured party’s interest was perfected, if that secured party fully pays the balance due to the collector.

All remedies available to holders of secured interests under the provisions of the Uniform Commercial Code for default of an underlying obligation shall be available to the collector or to an assignee to collect the balance due and the use of the provisions of the Uniform Commercial Code by the collector or an assignee shall not interfere with the ability of the collector or an assignee to use other remedies, including the further accrual of interest on the tax receivable, as provided in chapter fifty-nine, this chapter or any other applicable provision of law to collect the balance due.

All terms used in this section shall be defined by reference to those terms as they are used under the Uniform Commercial Code unless specific reference is made in this section to another provision of law.

SECTION ___. Section 95 of Chapter 60 is hereby amended by inserting at the end of the first sentence the words:-- “; and upon the filing of a financing statement in accordance with the provisions of Section 37C and the provisions of the Uniform Commercial Code, with the amount of uncollected personal property taxes represented by the financing statement.”

LOC 79

LOCAL AID

Mr. Marzilli, Mr. Tarr, Mr. O'Leary, Mr. Baddour, Mr. Galluccio, Ms. Jehlen, Ms. Spilka, and Mr. Hedlund moved that the bill be amended, in Section 2, by inserting after item 7061-0012 the following item:

“7061-0013 For aid to cities and towns for which the total amount in section three of this act for any city or town is less than the total amount in section three of Chapter 177 of the Acts of 2001 for Chapter 70 school aid, Additional Assistance and Lottery distributions for such city or town; provided, that such total aid to any individual city or town shall not exceed $500,000 …… $5,717,182”

LOC 80

BOSTON PUBLIC LIBRARY

Ms. Walsh moved that the bill be amended, in Section 2, in item 7000-9401, by striking out the figure “$1.10” and inserting in place thereof the figure “$1.15”; and by striking out the figure “$17,166,071” and inserting in place thereof the figure “$17,666,071.”

LOC 81

LOCAL COLA BASE

Ms. Walsh, Ms. Jehlen and Mssrs. Morrissey, Galluccio, Timilty and Marzilli moved that the bill be amended by deleting Section 15 and inserting in place thereof the following section:

“Section 15. (a) Section 103 of said chapter 32 is amended by inserting the following new paragraph:-

(j) Notwithstanding the provisions of paragraph (a) to the contrary, any system, by accepting the provisions of this paragraph as hereinafter provided, shall establish a base amount of $16,000 upon which the cost-of-living adjustment shall be calculated. Acceptance of this paragraph shall be by a majority vote of the board of such system, subject to the approval of the legislative body. For the purpose of this paragraph, “legislative body” shall mean, the city council in accordance with its charter, in the case of a town, the town meeting, in the case of a county or region, the county or regional retirement board advisory council, in the case of a district, the district members, and, in the case of an authority, the governing body. Acceptance of this paragraph shall be deemed to have occurred upon the filing of the certification of such vote with the commission. A decision to accept the provisions of this paragraph may not be revoked. Notwithstanding the provisions of subdivision (6A) of Section 22 or Section 22D to the contrary, for each system that has accepted the provisions of this paragraph, the board, in consultation with the commission, shall prepare a funding schedule which shall reflect the costs and the actuarial liabilities attributable to the cost of living allowance that may be paid in accordance with the provisions of this paragraph and said schedule shall be designed to reduce the applicable retirement system’s pension liability to zero by such year, that may be subsequent to June 30, 2028, as approved by the commission. The board shall file revised funding schedules triennially with the joint committee on public service until such costs and liabilities are reduced to zero.

(b) Section 22D of said chapter 32, as appearing in the 2006 Official Edition, is amended by inserting in line 29 after the word “approve” the following words: - provided further, however, that in the event that a system has accepted the provisions of paragraph (j) of Section 103, the funding schedule, and any updates thereto, shall be designed to reduce the unfunded actuarial liability of said system to zero as of such year, that may be subsequent to , as the commission shall approve.”

LOC 82

An Amendment Relative to Educational Priorities

Mr. Tarr moved that the bill be amended, in Section 2, in item 7061-0008, by adding at the end thereof the following: “provided further, that no city, town, or regional school district shall receive less in Chapter 70 funding than it did in Fiscal Year 2002 or Fiscal Year 2003, whichever is greater”; and further, by striking out the figure “3,948,824,061” and inserting in place thereof the figure “3,968,783,426”;

And further, by amending, in Section 2, in item 7010-0005, by striking the figure “$16,580,047” and inserting in place thereof the figures “$14,293,430”;

And further, by amending, in Section 2, in item 7061-9412, by striking the figure “$17,500,000” and inserting in place thereof the figure “$13,000,000”;

And further, by amending, in Section 2, in item 7066-0000, by striking the words “provided further, that not less than $2,000,000 shall be expended for the department to make payments to public higher education institutions for the dual enrollment program allowing qualified high school students to take college courses”; and further, by striking the figure “$6,512,898” and inserting in place thereof the figure “$4,512,898”;

And further, by amending, in Section 2, by striking item 0640-0010.

Redraft LOC 83

LAW ENFORCEMENT PERSONNEL

Mr. Creedon moved that the bill be amended by inserting after Section 90, the following new section:

SECTION_____. Notwithstanding any general or special law or rule or regulation to the contrary, no duly sworn officer of a municipal police department, the state police or any state agency, department or institution shall be prohibited from carrying a firearm issued by an issuing authority while on official business in any court house or court room of the Commonwealth of Massachusetts.

LOC 84

PILOT FUNDING

Mr. Joyce and Ms. Fargo moved that the bill be amended, in Section 2, in item 0611-5510, by striking out the figure “$28,300,000” and inserting in place thereof the following figure:- “$30,300,00

Back to the Top