The Commonwealth of Massachusetts

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DEVAL L. PATRICK GOVERNOR TIMOTHY P. MURRAY LIEUTENANT GOVERNOR

Executive Department State House  ·  Boston 02133 (617) 725-4000

February 22, 2007.

To the Honorable Senate and House of Representatives:

Pursuant to Article LVI, as amended by Article XC, Section 3 of the Amendments to the Constitution of the Commonwealth of Massachusetts, I am returning to you for amendment Section 3 of House Bill No. 2037, “An Act Making Appropriations For The Fiscal Year 2007 To Provide For Supplementing Certain Existing Appropriations And For Certain Other Activities and Projects.”

As enacted, this section extends the deadline by three years for the registers of deeds under the control of the Secretary of State to deposit in a special technology fund a $5.00 surcharge when deeds are recorded.  The purpose of this surcharge is to fund the modernization and technological improvements of the deed registry.  The Secretary of State recommends amending this section, however, because it does not likewise extend the deadline for such special fund deposits by the registers of deeds under the control of counties in the Commonwealth by three years.  Absent this amendment, only those registers under control of the Secretary of State could make these special fund deposits, depriving the county registers of needed funds to modernize their systems.

 I therefore recommend that Section 3 of House Bill No. 2037 be amended by striking the entire section and replacing it with the following language:-

SECTION .   Section 31 of chapter 9 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the fourth and fifth sentences and inserting in place thereof the following  2  sentences:-  From March 15, 2003 until June 30, 2011, all surcharges on fees collected pursuant to this section shall be forwarded to the Registers Technological Fund, established in section 2JJJ of chapter 29.  From July 1, 2011, all of the surcharges shall be forwarded to the General Fund as provided in section 2 of said chapter 29.

SECTION .   Section 41 of chapter 36 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the fourth and fifth sentences and inserting in place thereof the following 2 sentences:-  From March 15, 2003 until June 30, 2011, all surcharges on fees collected pursuant to this section shall be forwarded to the County Registers Technological Fund established in section 2KKK of chapter 29.  From July 1, 2011, all of the surcharges shall be forwarded to the General Fund as provided in section 2 of chapter 29.

I am approving Section 13 of this bill because it requires no increase in appropriated funds for charter schools, and it involves a relatively modest amount of money.  I note, however, that there is a need for a thorough examination of the public school funding formula, as the necessity for this section illustrates. 

 I have also approved Section 16 of the bill, reauthorizing the appropriation for a safety audit of the Big Dig.  However, I continue to believe that a full review of the management and finances, as well as the safety, of the Big Dig is warranted, and I intend to work with the Legislature, the Attorney General, and other state and federal officials to ensure that this review may proceed in a manner that avoids duplication of effort.

Respectfully submitted,

                                                                                       DEVAL L. PATRICK,

                                                                                       Governor.