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Ms. Menard moves to amend the bill, House 4003 by adding after section 71, the following new section:-
"The second paragraph of Section 1A of Chapter 58 of the General Laws, as most recently appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following:- If adoption of said minimum residential factor would result in the residential property class bearing a higher percentage of the total property tax levy than the percentage of the total property tax levy imposed on the residential property class in the prior year, or if the adoption of said minimum residential factor would result in the residential property tax levy than the percentage of the total property tax levy imposed on the residential property class in the year prior to the year in which the minimum residential factor was first adopted, he shall determine a new minimum residential factor which shall be forty-five per cent subject to an upward adjustment as may be required a) to provide that the percentage of the total tax levy imposed on any class of real or personal property shall not exceed two hundred percent of the full and fair cash valuation of the taxable property in said class divided by the full and fair cash valuation of all taxable real and personal property in the city or town, or b) to provide that the adoption of said minimum residential factor shall not result in the residential property class bearing a lower percentage of the total property tax levy than the lowest percentage of the total property tax levy imposed on the residential property class in the years since he first certified that the locally assessed values represented the full and fair cash value. "
Clerk 2Messrs. Moore, Havern, Brewer, Morrissey and Joyce move to amend the bill by inserting at the end thereof the following new Section:-
SECTION_________.
Section 9A of Chapter 32B of the General
Laws, as appearing in the 2000 official edition is hereby deleted and replaced
therein the following:- "Section 9A. A county, except Worcester county, by
vote of the county commissioners, a city having a Plan D or Plan E charter by
majority vote of its city council, any other city by vote of its city council,
approved by the mayor, a regional school district by vote of the regional district
school committee and a district by vote of the district at a district meeting,
may provide that it will pay one-half of the amount of the premium to be paid
by a retired employee under the provisions of the first sentence of section nine.
A town shall provide for such payment by vote of the town at a town meeting or
if a majority of the votes cast in answer to the following question which shall
be printed on the official ballot to be used at an election in said town is in
the affirmative:- ""Shall the town pay one-half the premium costs payable
by a retired employee for group life insurance and for group general or blanket
hospital, surgical, medical, dental and other health insurance?''
Clerk
3
DISTINCTIVE MUNICIPAL LICENSE PLATES
Mr. Creedon moves to amend
the Bill H4003 by inserting, after Section 71, the following new section:-
"SECTION
72. Subsection (c) of section 2F of chapter 90 of the General Laws, as added by
section 3 of chapter 334 of the acts of 2002, is amended by adding the following:-
and cities and towns for the purpose of supporting local programs as organized
by a single city or town or a state-wide organization on behalf of all cities
and towns."
Clerk 4
STUDY COMMISSION - CONSTRUCTION PROJECTS
Ms. Wilkerson moves to amend the bill by striking out Section 70 and inserting in place thereof the following new section:-
"Section 70. There is hereby established a special commission to investigate, study, and make legislative recommendations on the adequacy and efficiency of laws and regulations governing public construction projects. Said commission shall consist of 13 members; one member appointed by the Governor, two members from the senate appointed by the senate president, one of whom shall b the chairman of the joint committee on state administration and who shall serve as co-chairman of the commission; two members from the house of representatives appointed by the speaker, one of whom shall the chairman of the joint committee on state administration and who shall serve as co-chairman of the commission; the commissioner of the department of capital asset management and maintenance, the inspector general, the chairperson or his designee of the Massachusetts Municipal Association; the president or his designee of the Building Trades Employers Association; the president or his designee of the Associated Subcontractors of Massachusetts; the president or his designee of the Massachusetts Building Trades Council, the president or his designee of Women In The Building Trades; and, the president or his designee of the New England Chapter of the National Association of Minority Contractors. The commission shall file a report on the results of its study, together with its recommendations, if any, and any legislation necessary to carry out its recommendations by filing the same with the clerks of the house of representatives and the senate not later than September 30, 2003."
Clerk 5
RELATIVE TO UTILITY STREET
CUTS
Mr. Morrissey moves to amend the bill, S. 2010, by striking Sections 37, 57, 64 and 65.
Clerk 6
MUNICIPAL LIGHT PLANTS
Mr.
Morrissey moves to amend the bill, S. 2010, in Section 60 by adding at the end
thereof the following wording:-
"Further provided that such transfers
shall not be made from any appropriations from any department of a city or town
which is subject to Chapter 164 of the General Laws."
Clerk 7
STUDY
COMMISSION ON CONSTRUCTION PROJECTS
Mr. Tolman moves to amend the bill, Senate No. 2010, in Section 70 by striking in the second sentence the figure "12" and inserting in place thereof the following new figure:- "13."
The bill is further amended in the same section by inserting after the words "Massachusetts Building Trades Council of Massachusetts" the following new language:-
"; a member of the Boston Society of Architects."
Clerk 8
REGIONAL
DISTRICT PLANS
Mr. Pacheco moves to amend the bill by inserting, after
Section ______, the following new Section:-
"SECTION ___ . Chapter 43C
of the General Laws is hereby amended by inserting after section 15 the following
section:-
Section 16. Notwithstanding any general or special law to the contrary,
a city or town or a group of contiguous cities and towns may, upon the submission
and approval of a plan by the commissioner of revenue, establish a district or
regional district for the purpose of providing services to the inhabitants of
the cities and towns. If the commissioner of revenue fails to approve the plan
within 30 days, the plan shall be deemed approved. A plan for a district that
is submitted to the commissioner of revenue for approval shall include provisions
detailing the purpose of the district, the method for establishing the district,
the form of the district, the powers and duties of the district, including any
authority to raise revenues and borrow funds, and the effect of the district on
civil service rights, seniority, retirement or other employment rights of existing
city or town employees, including, but not limited to, compensation or salary
grade, accrued rights to holidays, sick leave, vacation and benefits, union representation
or rights under certified collective bargaining agreements. The department of
revenue shall promulgate guidelines, rules and regulations to govern the approval
process and any such approval made under this section shall be subject to the
guidelines, rules and regulations of the department of revenue.
Clerk
9
RAIL-TRAIL REVITALIZATION OF CERTAIN DISCONTINUED RIGHTS-OF WAY
Ms. Resor moves to amend the bill (House 4003) by inserting, after Section 71, the following new section:-
SECTION___. Chapter 21E, Section 2, Definitions
of the General Laws is hereby amended by inserting the following language:- In
section 2 in line 72 after the words "former manufactured gas plant"
inserting the following:- "or the site of a former Massachusetts Bay Transportation
Authority right-of-way or other previously owned right of ways (ROW) in which
the municipality has acquired an interest for purposes of the installation, operation,
maintenance and use of a rail-trail as set forth in the definition of "Owner"
or "Operator" in this section".
AND
In subparagraph (a) section
(10) after the words "of such site or vessel and" in line 207 inserting
the following:- "except in the case of a discontinued Massachusetts Bay Transportation
Authority right-of-way or other discontinued ROW of which a city or town has ownership
or possession for rail-trail purposes under subparagraph (d)(1) of this definition,
any person who owned or operated such site or vessel immediately prior to the
Massachusetts Bay Transportation Authority or other subsequent entity obtaining
ownership or possession of such site or vessel".
AND
Ms. Resor moves
to further amend Chapter 21E, Section 2, Definitions, by inserting the following
language in subparagraph (d) section (1) after the words "chapter sixty,
respectively" in line 416 the following :- "or has acquired an interest
in the site (by fee, easement, lease, license or otherwise) from the Massachusetts
Bay Transportation Authority or previous owners for purposes of the installation,
operation, maintenance and use of a rail-trail (defined as a property converted
from former use as a railroad right-of-way to a revitalized use as a publicly
owned, improved and maintained corridor for bicycle, pedestrian, and other non-motorized
public transportation, recreation and associated purposes)".
AND
Ms.
Resor further moves to amend Chapter 21E, Section 2, Definitions, by striking
all language in subparagraph (C) beginning in line 431 after the words "by
fencing" and inserting the following:- ", paving, installing geo-textile
membrane, or otherwise suitably preventing access to the site or vessel or to
the oil or hazardous materials present at the site, and (ii) contain the further
release or threat of release of oil or hazardous materials from a structure or
container";
AND
Ms. Resor further moves to amend Chapter 21E, Section
2, Definitions by inserting language in subparagraph (F) in line 445 after the
words "site or vessel" the following:-
"or, in the case of
a site acquired from the Massachusetts Bay Transportation Authority or other previously
owned ROW's for purposes of the installation, operation, maintenance and use of
a rail-trail, the city or town acts diligently to develop the rail-trail for its
intended purpose".
AND
Ms. Resor moves to further amend Chapter 21E,
Section 2, Definitions by inserting language in subparagraph (F) in line 450 after
the words " clause (5) of paragraph (c)" the following:- "Whether
the city or town is acting or has acted diligently to develop the rail-trail for
its intended purpose shall be determined by considering all pertinent circumstances
of municipal financing, bidding, and construction of the rail-trail project, and
of the availability of and rules governing the applicable State or Federal funding
program therefore, in light of the discovery of the release or threat of release
of oil or hazardous materials at issue.
Clerk 10
RELATIVE TO AFFORDABLE
HOUSING - DEVELOPMENT PLANS
Ms. Resor moves to amend the bill (House
4003) by inserting, after Section 71, the following new section:-
SECTION____.
Said Chapter 40B is hereby further amended by inserting after section 21 the following
section:- Section 21A. (a) A city or town may develop and implement an affordable
housing plan that results in an increase in it number of low and moderate income
housing units as a percentage of its total number of year round housing units
by at least 0.75 percent annually until that percentage exceeds 10 percent. The
plan shall include, but not be limited to, a mix of housing, such as rental and
homeownership opportunities for families, individuals and the elderly that are
consistent with regional needs and feasible within the housing market in which
they will be situated; the identification of specific sites appropriately zoned
and available for low and moderate income housing development or identification
of specific sites that the community is willing to rezone for the purposes of
low and moderate income housing developments; or identification of specific suites
for which the community will encourage the filing of comprehensive [permit applications
pursuant t section 21 and a description of the use restrictions to ensure that
each development shall be affordable to and occupied by low or moderate income
families and individuals.
(b) The plan shall be valid for the purpose of the definition of "Consistent with local needs" in section 20 only if it is approved by the department of housing and community development. Within 90 days after its submission to the department by a city or town, the department shall approve the plan if it meets the requirement of subsection (a), otherwise is shall disapprove the plan. The department shall not disapprove a plan for arbitrary or capricious reasons. The department shall notify the city or town of its decision to either approve or disapprove a plan in writing. If the department disapproves the plan, the notification shall also include a statement of the reasons for its disapproval. If the department disapproves the plan, the notification shall also include a statement of the reasons for its disapproval. A city or town that originally submitted a plan that had been disapproved may submit a new or revised plan to the department for its consideration. If the department fails to either approve or disapprove a plan within 90 days after its submission, the plan shall be deemed to be approved. The department shall certify annually whether a community is in compliance with an approved plan and this section. A community may amend its plan from time to time if the department approves the amendment.
(c) An approved plan shall take effect for the purpose of the definition of "Consistent with local needs" in section 20 only when the department certifies that the city or town has finally approved comprehensive permits resulting in an initial increase of 0.75 percent in its total number of housing units according to its plan and has issued building permits for those units. Once the department has made such a certification, the city or town may, in its discretion, chose not to accept, or to review or approve any additional comprehensive permit applications during the 12 month period immediately following the date of the certification. Furthermore, if a city or town has approved comprehensive permits that result in an increase of 1.5 percent in its total number of housing units according to its plan and has issued building permits for those units, after department certification the city or town at its discretion, may chose not to accept or review or approve any additional comprehensive permit applications during the 24 month period immediately following the date of the certification.
Clerk 11
RELATIVE TO THE
IMPACT OF PREMIUMS ON NOTES OR BONDS ON LEVY LIMITS UNDER PROPOSITION 2 ½
Ms.
Resor moves to amend the bill (House 4003) by inserting, after Section 71, the
following new SECTION:-
SECTION____. Chapter 44, Section 20 of the General
Laws is hereby amended by inserting language in line 28 after the words "of
any limit imposed by general law for such purpose" the following:- "Effective
with the FY05 tax rate approval process, additions to the levy limit for a debt
exclusion are restricted to the true interest cost incurred to finance the excluded
project. Premiums received at the time of sale must be offset against the stated
interest cost in computing the debt exclusion".
Clerk 12
STORMWATER
UTILITIES
Ms. Resor moves to amend the bill by inserting after Section
6, the following new section:-
SECTION 6A. Chapter 40 of the Massachusetts
General Laws, is hereby amended by adding the following section:--
Section
8L. Local Stormwater Utility -- In a city, town, or district whose legislative
body accepts the provision of this section, the city, town, or district may by
ordinance, by-law, or regulation establish a stormwater utility. To improve the
quality of the state's rivers, streams, lakes, estuaries and wetlands, (i) the
utility shall work in cooperation with the Watershed Initiative administered by
the executive office of environmental affairs and with the stormwater management
program administered by the department of environmental protection and make efforts
to meet the standards established for specific watersheds for the proper control
and cleanup of storm discharges; (ii) shall complement, to the extent applicable,
the river basin water quality management plans pursuant to 33 USC section 303(e),
the nonpoint source management plans pursuant to 33 USC section 319, and the estuary
management plans pursuant to 33 USC section 320; (iii) shall comply with Phases
I & II of the stormwater regulations promulgated by the United States Environmental
Protection Agency under the National Pollutant Discharge Elimination System; (iv)
shall consult with the department of environmental protection and the Watershed
Initiative of the executive office of environmental affairs before adopting or
updating its local stormwater management plan; and (v) shall formulate plans and
establish priorities for stormwater management systems and watersheds to meet
the needs of the community for flood protection and protection of water quality.
The stormwater utility may be operated by any department, board, commission, or
district that conducts the municipal wastewater collection and /or treatment program
or by a separate utility established within the municipality whose function is
to operate a stormwater program. Any such department, board, commission, or separate
entity authorized to carry out such stormwater program shall be referred to as
the stormwater utility.
The stormwater utility shall treat watersheds as integrated
systems and shall work to lower the concentrations of pesticides, nutrients, industrial
chemicals, metals, suspended solids, and other pollutants within the streams,
lakes, estuaries, wetlands, and groundwater of the one or more watersheds within
the Jurisdiction of such stormwater utility.
The stormwater utility with the
approval of the city council of any city, board of selectmen of any town, or board
of directors of any authority or any entity operating in any special district
(referred to hereinafter as "district") may adopt regulations in order
to protect the public health, safety, and welfare and the environment and to ensure
proper and safe operation of the municipality's separate stormwater system or
combined sanitary/stormwater system by regulating the direct and indirect discharge
of wastewater and stormwater to and from such systems. Such local regulation shall
be consistent with legislation and regulations under which the department of environmental
protection regulates the discharge of sanitary wastewater and stormwater to and
from such systems.
Notwithstanding any provisions of any general or special
law to the contrary, cities, towns, and districts are expressly authorized to
adopt regulations that are stricter in their protection of the environment than
such state legislation and regulation. To the extent that part or all of a city
or town is serviced by the Massachusetts Water Resources Authority or other authority
or district, such municipality shall adopt regulations that are consistent with,
but may be stricter than, the regulations of such authority or special district.
Such local regulation may require on-site detention or retention of stormwater
and implementation of other stormwater management measures to control the rate,
volume and quality of stormwater discharged to wastewater or storm drainage systems.
In addition to any other funding mechanism available to any city, town, or district
to construct, operate, or maintain stormwater programs, the stormwater utility
may adopt a system of stormwater utility fees sufficient to support the operation,
construction, and maintenance of the stormwater program.
Any municipality
or district may create alone, or in cooperation with another municipality or municipalities
or another district or districts, one or more stormwater management benefit areas.
Cities, towns, and districts are authorized to raise and collect in advance or
otherwise from all property owners within a municipality, district, or benefit
area an annual, quarterly, or monthly fee or an assessment based upon amount of
impervious surface, or other reasonable method, as provided in sections 15 and
16 of chapter 83 of the General Laws, as amended, to fund the activities and programs
described in this section that service the city, town, district, or benefit area.
For fees assessed pursuant to this section, cities, towns, and districts may use
the levy, assessment, and enforcement methods as provided in sections 14 through
29, inclusive, of chapter 83 of the General Laws.
And moves to further amend
the bill by inserting after Section 36, the following new sections:
"SECTION
36A. Section 1 of chapter 83 of the General Laws, is hereby amended by inserting
after the word "drainage" in line 6, the following words:-- "stormwater
treatment and disposal,".
SECTION 36B. Said section 1 of chapter 83,
as so appearing, is hereby further amended by inserting at the end of the second
sentence at line 11 the following new sentence:-- "Such works for drainage
may include any stormwater treatment facility or measure of treating, or removing
sediment or contaminants from, stormwater discharges.".
SECTION 36C.
Said section 1 of chapter 83, as so appearing, is hereby further amended by inserting
at the end of the third sentence in line 15-- "For the purposes of this chapter,
the word 'stormwater' shall mean surface runoff from precipitation.".
SECTION
36D. Section 10 of said chapter 83, as so appearing, is hereby further amended
by inserting at the end of the first sentence of section 10 the following:-- "A
city, town, sewer district, or stormwater district may from time to time prescribe
rules and regulations for the use of main drains and the management of stormwater
to prevent the discharge of sediment and pollutants therein which may tend to
degrade wetlands, streams, other surface water bodies, and groundwater and to
inspect the facilities for the collection and infiltration of stormwater in order
to reduce flooding and improve the quality of and decrease the quantity of stormwater
runoff; for the connection of estates and buildings with main drains; for the
construction, alteration, and use of all connections entering into such main drains;
and for the inspection of all materials used therein; and may prescribe civil
penalties, not exceeding five thousand dollars for each day of violation of any
such rule or regulation.".
SECTION 36E. Section 11 of said chapter
83, as so appearing, is hereby further amended b adding after "common sewer"
in line 3 the following:-- "or main drain.".
SECTION 36F. Section
15 of said chapter 83, as so appearing, is hereby further amended by adding after
the third paragraph the following new paragraphs:--
In connection with making
assessments for the costs of main drains and connections thereto and facilities
for the costs of the treatment and control of stormwater discharges, the city,
town, or district shall estimate the average number of square feet of impervious
surface attributable to single family residential units within its jurisdiction.
This shall be referred to as a "sewer unit." Properties with uses other
than single family shall be assigned a number of sewer units in the proportion
that their respective amount of square feet of impervious surface bears to the
number of square feet represented by a single sewer unit. A rate shall be established
for the sewer unit, and each property owner shall pay the sewer unit rate multiplied
by the number of sewer units assigned to the owner's property. Alternatively,
classes of uses other than single family shall be assigned a number of sewer units
in the proportion that their respective average amount of square feet of impervious
surface bears to the number of square feet of impervious surface represented by
a single sewer unit. A rate shall be established for the sewer unit, and each
property owner shall pay the sewer unit rate multiplied by the number of sewer
units assigned to the owner's property. In either case, single family residential
units shall be assigned one sewer unit each.
Credits may be granted against
the amount of the assessment charged to those property owners who maintain functioning
on-site retention/detention basins or other filtration structures as approved
by the stormwater utility, conservation commission, or other governmental entity
with appropriate authority. The costs of stormwater related facilities that benefit
a part of any city, town, or district may be apportioned in the rate setting process
to properties that directly benefit from such facilities. No assessment for the
costs of stormwater related facilities under this section shall be made against
undeveloped property.
SECTION 36G. Section 16 of said chapter 83, as so
appearing, is hereby amended by adding after the words "use of common sewers"
in line 3 the following:-- "and main drains and related stormwater facilities"
and by adding at the end of section 16 the following:-- "In establishing
quarterly or annual charges for the use of main drains and related stormwater
facilities, the city, town, or district may either charge a uniform fee for residential
properties and a separate uniform fee for commercial properties or establish an
annual charge based upon the number of sewer units assigned to any property, as
established in section 15, multiplied by the sewer unit rate. The annual charge
shall be calculated to supplement other available funds as maybe necessary to
plan, construct, operate and maintain stormwater facilities and to conduct stormwater
programs. The city, town or district may grant credits against the amount of the
quarterly or annual charge to those property owners who maintain on-site functioning
retention/detention basins or other filtration structures as approved by the stormwater
utility, conservation commission, or other governmental entity with appropriate
authority."
Clerk 13
CORI CHECKS BY LOCAL OFFCIALS
Mr.
Brewer moves to amend the bill, by inserting, after Section ___, the following
new Section:-
"SECTION ___. Section 172 of chapter 6 of the General Laws,
as appearing in the 2000 Official Edition, is hereby amended, in line 81, by inserting
after the word "board" the following:- except that an officer of a town,
as defined in section 1 of chapter 43, may obtain such information by submitting
a written request therefore to the chief of the police department in that town,
an officer of a city, as defined by section 1 of chapter 43, may obtain such information
by submitting a written request therefore to the chief of the police department
in that city, and the superintendent of a regional school district may obtain
such information by submitting a written request therefore to the chief of any
police department of any city or town located within such school district."
Clerk
14
VISITOR IMPACT FUND - SMALL AGRICULTURAL FAIRS
Mr. Brewer moves to amend the bill, in Section 5, in line 13, by striking the word "three" and inserting in place therof the word :- "five".
Clerk 15
PROPERTY
TAX EXEMPTION - PRIVATE SECONDARY SCHOOLS
Mr. Brewer moves to amend
the bill, in Section 68, by inserting after the words "educational institutions"
the following:- ", including but not limited to private secondary schools,"
Clerk 16
SCHOOL SCHEDULE FLEXIBILITY - PILOT PROGRAM
Mr.
Brewer moves to amend the bill, by inserting, after Section ___, the following
new Section:-
"SECTION ___. Notwithstanding the provisions of any general
or special law, rule, or regulation to the contrary, the Quabbin Regional School
Committee is hereby authorized to conduct a pilot program to provide additional
flexibility in scheduling. Said district shall be authorized to reduce the school
year requirements contained in 603 CMR 27.03; provided, that said district shall
maintain a five day work week; provided further, that the structured learning
time requirements contained in 603 CMR 27.04 are fully complied with. Said pilot
program shall be subject to the provisions of collective bargaining law, and to
the approval of town meetings in each member town of the district. The district,
in conjunction with the department of education, shall issue a report on the success
of the initiative no later than March 1, 2004, to the house and senate chairs
of the joint committee on education, arts and humanities, and the chairs of the
house and senate ways and means committees, and the house and senate clerks."
Clerk
17
Amending PILOT program:
Mr. Tisei moves to amend the bill by adding at the end thereof the following new section:
SECTION . Chapter 58, section 13 of the Massachusetts General Laws, is hereby amended by inserting after the words "conservation purposes" in line fifteen, the following:- ", including all land formerly owned or under the control of the metropolitan district commission"
Clerk 18
Tax Receivables:
Mr. Tisei moves
that the bill be amended by adding at the end thereof the following section:
"SECTION
.
Section 1. Purpose.
The Purpose of this Act shall be to enable cities
and towns to realize a source of revenue by more easily entering into agreements
with private entities for the sale and servicing of tax receivables.
Section
2. Definitions.
For purposes of this Act, the following words and phrases
shall have the following respective meanings. A "tax receivable" shall
mean the right to receive and enforce the payment of taxes assessed by any city
or town and due on real and personal property in said city or town, in one or
more fiscal years. A "purchaser" shall mean any private entity meeting
the qualifications set forth in section IV of this Act with whom the city or town
has entered into an agreement between the city or town and the Purchaser effectuating
the sale of tax receivables. The "Commissioner" shall mean the Commissioner
of the Department of Revenue. The "Bulk Sale Law" shall mean the provisions
of Section 2C of Chapter 60 of the Massachusetts General Laws as interpreted by
the Department of Revenue in Informational Guideline Release No. 97-201.
Section
3. Tax Receivables to be Sold.
Cities and towns are hereby authorized to sell,
through its collector or treasurer, any tax receivable, either individually or
in bulk, through the execution of a sale agreement with a purchaser. Notwithstanding
anything in the Bulk Sale Law to the contrary, cities and towns are hereby authorized
to sell any combination of tax receivables individually or in bulk regardless
of the class or classes of the properties from which the tax receivable arise.
Cities and towns are hereby authorized to enter into one or more sale agreements
with one or more purchasers.
Section 4. Qualifications of Purchaser
Notwithstanding
anything in the Bulk Sale Law or Chapter 30B of the Massachusetts General Laws
to the contrary, cities and towns are hereby authorized to enter into a sales
agreement with a purchaser, provided such purchaser is: (i) registered with the
Secretary of the Commonwealth of Massachusetts as a party able to do business
in the Commonwealth of Massachusetts; (ii) a party in good standing in the Commonwealth
of Massachusetts; and (iii) recognized by Standard and Poor's as a rated servicer.
Section
5. Rights and remedies of Purchaser.
Cities and towns are hereby authorized
to transfer to a purchaser through a sale agreement all the rights and remedies
set forth in Chapters 59 and 60 of the Massachusetts General Laws, including,
but not limited to,: (i) the right to enforce and receive payment of any tax receivable
sold plus any interest accruing thereon and any fees and charges incurred for
services related to the enforcement of the payment of that tax receivable; (ii)
the right to take tax title; (iii) the right to make tax sales; and (iv) the right
to institute proceedings in the Land Court to foreclose rights of redemption.
Section
6. Fees and Charges Approved by the Commissioner.
After the effective date
of a sale agreement, a purchaser may make one or more applications to the Commissioner
to charge specified reasonable fees and charges for services related to the enforcement
of the payment of any tax receivable sold that are higher than the fees and charges
that the city or town is permitted to charge for such services under Sections
15, 55, 60, 62, 65, and 68 of Chapter 60 of the Massachusetts General Laws. The
Commissioner shall, within a reasonable period of time, review any such application
and approve, in writing, such higher fees and charges that are reasonable.
Section
7. Use of Service Agent.
A purchaser may use a service agent to act on its
behalf, whether or not for compensation.
Section 8. Repurchase of and Reimbursement
for Tax Receivables Sold.
Cities and towns are hereby authorized to enter
into a sale agreement that permits a purchaser to be reimbursed is a tax receivable
sold (i) does not conform to the terms of the respective sale agreement, (ii)
is abated or (iii) is worth less than the amount for which the tax receivable
was purchased, provided however, that a sale agreement may also include limitations
on the amount that may be reimbursed and the time periods during which a purchaser
may be entitled to reimbursement.
Section 9. Subsequent Receivables.
Cities
and towns are hereby authorized to enter into a sales agreement that provides
a purchaser with the option to purchase any subsequent tax receivables that arise
in connection with parcels for which tax receivables have already been sold to
that purchaser.
Section 10. Taxpayer Agreements.
Cities and towns are
hereby authorized to enter into a sales agreement that provides a purchaser with
the with the right to enter into forbearance agreements and payment plans with
taxpayers whose property is subject to tax receivables sold to that purchaser.
Section
11. Effective Date of Sale.
Notwithstanding anything in the Bulk Sale Law
or Chapter 60 of the Massachusetts General Laws to the contrary, a sale of tax
receivable shall be effective as of the date set forth in the respective sale
agreement, which date may be any date after the date of this Act.
Section
12. Relationship to the Bulk sale Law and the Massachusetts General Laws.
This
Act shall enable cities and towns to sell tax receivables to a purchaser by a
method that shall be an alternative to the method for assignment or transfer of
tax receivables set forth in the Bulk Sale Law and Section 52 of Chapter 60 of
the Massachusetts General Laws. To the extent the terms of this Act or any sale
agreement conforming to the provisions of this Act are inconsistent with the Bulk
Sale Law or Chapters 30B, 59 and 60 of the Massachusetts General Laws, the provisions
of this Act and such sale agreement shall be controlling.
Section 13. Servicing
of Tax Receivables.
Notwithstanding anything in Chapters 30B and 60 of the
Massachusetts General Laws to the contrary, cities and towns are also hereby authorized
to enter into one or more agreements with one or more private entities meeting
the qualifications of a purchaser set forth in Section IV of this Act to service
and act as a collection agent for tax receivables retained by said city or town.
Section
14. Sunset Clause.
The provisions of this act shall expire on June 30, 2004.
Clerk
19
USE OF REVENUES FROM SALE OF MUNICIPAL ASSETS
Mr. Tisei moves
to amend the bill by adding at the end thereof the following new section:-
SECTION
. Notwithstanding section 63 of chapter 44 of the General laws, as said section
appears in the 2000 Official Edition, or any other general or special law to the
contrary, during fiscal years 2004 and 2005, a town, following a majority vote
by the board of selectmen that is ratified by a special or annual town meeting,
or a city, following a majority vote of the city council and approval by the mayor,
the proceeds of the sale or other disposal of real estate, including the taking
by eminent domain by another governmental unit, but other than that acquired through
tax title foreclosure, by a city, town, or district, that exceed five hundred
dollars, may be applied for any purpose or purposes for which the city, town or
district deems necessary during said fiscal years; provided, however, that the
proceeds of a sale in excess of five hundred dollars of any park land by a city,
town, or district shall be used only by said city, town, or district for acquisition
of land for park purposes or for capital improvements to park land.
Clerk
20
ECONOMIC TARGET AREA - EAST BROOKFIELD
Mr. Brewer moves to amend
the bill, by inserting, after Section ___, the following new Section:-
"SECTION
___. Notwithstanding section 3D of chapter 23A of the General Laws, the town of
East Brookfield is hereby included in the South Central Massachusetts Economic
Target Area and the economic assistance coordinating council shall exercise its
powers and take all actions necessary or appropriate with respect to the economic
target area in accordance with said chapter 23A."
Clerk 21
MUNICIPAL
EARLY RETIREMENT
Mr. Tisei moves to amend the bill in section 61 by adding at the end of subsection (a) (i) the following words:- "Notwithstanding any of the provisions of above or any other provision in this section cities and towns at their discretion may exempt employees of municipal lighting plants, established under section 34 of chapter 164 of the general laws, from the provisions of this section."
Clerk 22
ECONOMIC TARGET AREA - BROOKFIELD
Mr.
Brewer moves to amend the bill, by inserting, after Section ___, the following
new Section:-
"SECTION ___. Notwithstanding section 3D of chapter 23A
of the General Laws, the town of Brookfield is hereby included in the Ware River
Valley Economic Target Area and the economic assistance coordinating council shall
exercise its powers and take all actions necessary or appropriate with respect
to the economic target area in accordance with said chapter 23A."
Clerk
23
RMV Notification
Ms. Menard moves to amend the bill by striking out in their entirety the following sections 28, 29 and 30.
Clerk 24
MIDDLESEX
REGIONAL RETIREMENT SYSTEM
Ms. Resor moves to amend the bill by inserting
after Section 66 the following new sections:-
"SECTION 66A. Notwithstanding
any general or special law to the contrary, the terms of the members currently
serving on the Middlesex Regional Retirement Board shall end six months from the
date of passage of this act. The regional retirement board advisory council shall
choose the first, second and third members; and shall organize an election for
the fourth, fifth and sixth members, all in accordance with chapter 34B of the
general laws as herein amended. The first selection of the first, second, third,
fourth, fifth and sixth members shall be chosen such that their respective terms
shall begin on the same day and shall end on December 31 of the year in which
their term is scheduled to end. The term of the current fifth member shall also
end six months from the date of passage of this act and the public employees'
retirement administration commission shall then appoint a seventh member for a
term of one year. Once the term of the seventh member expires, his successors
shall be chosen in accordance with the provisions of chapter 34B of the general
laws as herein amended.
SECTION 66B. The public employees' retirement administration
commission shall appoint an interim executive director immediately upon passage
of this act. The interim executive director shall serve a term of one year and
shall have all of the duties and responsibilities of the executive director of
the Middlesex Retirement System in accordance with chapter 34B of the general
laws as herein amended."
And moves to further amend the bill by inserting
after Section 6, the following new section:-
"SECTION 6A. Chapter 34B
of the General Laws is hereby amended by adding the following section:
Section
19A. Notwithstanding the provisions of section 19 of chapter 34B of the general
laws, chapter 32 of the general laws, or any other general or special law to the
contrary, the retirement system of Middlesex County, an abolished county, shall
continue pursuant to this section and shall be managed by the retirement board
as provided in this section, but any provisions of chapter 32 of the general laws
that apply to county retirement systems and are not inconsistent with the provisions
of this chapter shall apply to the Middlesex Regional Retirement System.
(a)
The contributory retirement system established for Middlesex County, an abolished
county, operating under the terms of sections 1 to 28, inclusive, of said chapter
32 shall be known as the Middlesex Regional Retirement System, and all business
shall be transacted under this name.
(b) Said system shall be managed by a
retirement board, which shall have the general powers and duties set forth in
subdivision (5) of section 20 of chapter 32. Said board shall consist of seven
members as follows:
(1) The first, second and third members shall be members
of the regional retirement board advisory council, and shall be elected by a majority
of those present and voting at a public meeting of said council, properly posted,
called specifically for such election pursuant to paragraph (g), for successive
three-year terms, which shall be organized such that ultimately one member is
elected every year for a three year term.
(2) The fourth, fifth and sixth members,
hereinafter referred to as the elected members, shall be active or retired members
of the regional retirement system or one whose retirement is being reimbursed
by that system in accordance with the provision of paragraph (c) of subdivision
(8) of section 3 of chapter 32. The elected members shall be chosen for successive
three year terms, which shall be organized such that ultimately one member is
elected every year for a three year term. The elected members shall be chosen
in accordance with paragraphs (g) and (i).
(3) A seventh member, who shall
not, except as provided in this subparagraph, be an employee, retiree or official
of the retirement system, or of any of its constituent governmental units, shall
be chosen by the other six members and serve for a term of five years. If the
successor to the seventh member is not chosen as provided in this subparagraph
within 30 days of the expiration of his term, or of any earlier vacancy in his
office, the public employee retirement administration commission shall appoint
the seventh member.
(4) Upon the expiration of the term of office of any elected
or appointed member, or in the event of a vacancy in either of said offices, his
successor shall be elected or appointed as aforesaid for a term of three years,
or for the unexpired portion thereof, as the case may be.
(c) The members of
the regional retirement board shall be compensated in an amount to be determined
by the board, subject to the approval of the advisory council, but not to exceed
the amounts set forth in subdivision (6) of section 20 of chapter 32. The regional
retirement board shall choose one of its members to serve as chairman of the retirement
board for terms of one year.
(1) Executive Director. The regional retirement
board shall appoint an individual qualified by education and years of experience
who is not a member of the regional retirement board or the advisory council to
serve as the executive director of the regional retirement system. The executive
director shall supervise and manage the day to day operations of the regional
retirement system. The executive director shall appoint, with the approval of
the regional retirement board, two qualified individuals, one to serve as treasurer-custodian,
and the other to serve as comptroller of the regional retirement system. This
paragraph shall not be interpreted to mean that the Executive Director may at
any time appoint himself to either the position of Treasurer-Custodian or Comptroller;
and in no case may the same person serve as both Treasurer-Custodian and Comptroller.
(2)
Treasurer-Custodian. The treasurer-custodian shall post bond in an amount to be
determined by the regional retirement board, which shall guarantee the faithful
performance of his duties. The treasurer-custodian shall be responsible for the
general duties of a treasurer-custodian of a public employee retirement system
as may be provided in the general laws where they are not inconsistent with this
section. The treasurer-custodian shall also receive and maintain custody of all
funds belonging to the regional retirement system and shall pay out all lawfully
approved retirement benefits and expenses of the retirement system in accordance
with expenditure warrants duly executed by the comptroller and the retirement
board. The treasurer-custodian shall, under the direction of the regional retirement
board, invest the funds of the retirement system in prudent investments that are
not inconsistent with any other provision of the general laws with respect to
the investment of the funds of public employee retirement systems.
(3) Comptroller.
The comptroller of the regional retirement system shall provide for an annual
financial audit of the funds of the regional retirement system and shall produce
all the official financial statements of the retirement system as may otherwise
be required. The annual financial audit with management recommendations and the
annual financial statements of the regional retirement system shall conform to
generally accepted accounting principles and shall be timely filed by the comptroller
with the clerk of each governmental member unit. The comptroller shall also be
responsible to maintain the accounting of the various fund account balances of
the regional retirement system and no monies may be paid by the treasurer-custodian
except those itemized on a warrant to be executed by the comptroller which must
also be approved by a majority of the members of the regional retirement board.
The comptroller may disallow any retirement benefits or administrative expenses
that are fraudulent, excessive or unlawful; and any retirement benefits or administrative
expenses so disallowed shall not be paid by the treasurer-custodian.
(4) The
treasurer-custodian and the comptroller must also reconcile the total of all cash
and investments in the custody of the treasurer-custodian with the fund balances
maintained by the comptroller on a monthly basis. All other duties and responsibilities
of the regional retirement system shall be carried out by the executive director.
(5) The executive director, treasurer-custodian and comptroller of a regional
retirement system shall be appointed subject to the terms of an employment contract,
but such an employment contract may be cancelled and the executive director, treasurer-custodian
or comptroller may be removed by the retirement board at any time upon reasonable
cause. Employment contracts shall be approved by the regional retirement board
and any salaries and benefits paid pursuant to such employment contracts shall
be paid out of the expense fund of the retirement system. In no case may such
an employment contract exceed a term of three years. The executive director, treasurer-custodian
and comptroller shall be members of the retirement system for which they serve,
but shall not be eligible to be a member or candidate for election to the retirement
board.
(6) Upon the vacancy of the offices of executive director, treasurer-custodian,
or comptroller of the regional retirement system, an interim appointment may be
made until a permanent appointment is made; and such an interim appointee shall
have the same powers and be subject to the same duties as if that person were
the permanent appointee, during the time of such an interim appointment. An interim
appointee shall be referred to as acting executive director, acting treasurer-custodian
or acting comptroller and that person's salary and benefits shall be paid out
of the expense fund in accordance with the direction of the regional retirement
board.
(d) The executive director may employ clerical and other assistants
as may be required to transact the business of the retirement system. All permanent
employees employed pursuant to this paragraph shall be members of the retirement
system, but shall not be eligible to be a member or candidate for election to
the retirement board.
(e) A regional retirement board shall be authorized to
purchase or lease property, facilities and equipment and employ any such personnel
necessary for the proper administration and transaction of the business of the
retirement system. If a regional retirement system purchases real estate for its
office space and the amount of space available in any such building as may exist
on the real estate exceeds the current office space needs of the regional retirement
system; the extra space may be leased at market rates and the rent collected shall
be deposited into the investment income account and shall be treated as investment
income. The regional retirement system may only purchase real estate that is suitable
for its office space, and may only purchase real estate that it can reasonably
expect to fully occupy at some point in the future. The executive director shall
be responsible for purchasing any liability insurance to protect the retirement
system and its assets from any potential claims that may result from ownership
of such real estate and the premiums for any such insurance shall be paid out
of the expense fund.
(f) The board of the regional retirement system and the
treasurer-custodian thereof shall respectively be and act as the board and treasurer-custodian
of such system with respect to the employees of any town or district who become
members of such system as provided for in paragraphs (b) or (c) of subdivision
(3), or paragraph (b) of subdivision (4) of section 28 of chapter 32, or who have
become members thereof under corresponding provisions of earlier laws. The treasurer
or other disbursing officer of any such town or district, as the case may be,
shall act as a liaison officer between the employees thereof and the board of
such system.
(g) There shall be a regional retirement board advisory council
consisting of either one or two representatives from each governmental member
unit as follows: The first representative shall be the treasurer, whether elected
or appointed, of each city, town, unit or district that belongs to the regional
retirement system. Any member unit that has in excess of 100 participants who
are either active or retired shall choose a second representative who shall be
appointed by the chief executive authority of the member unit as follows: in a
city/town having a city/town manager form of government, by the city/town manager,
otherwise by the Mayor or Board of Selectmen, as the case may be; in school districts,
by the Superintendent; in other member units, by the board or committee that serves
as the chief appointing authority for that member unit. The members of said advisory
council shall elect a chairman from among the members who shall be selected for
a term of one year. The chairman of the advisory council shall preside, and be
responsible for ensuring orderly proceedings, during the meetings of the advisory
council. Said council shall meet at the call of the retirement board but in no
event less than twice in each year, which meetings shall take place on April 1
and October 1 of each year unless the retirement board chooses a different meeting
date that falls within 30 days of April 1 and October 1. Said council shall also
meet anytime at the call of either the chairman or the financial oversight committee
or within 30 days of the submission of a petition from at least 15 members of
the advisory council. Said council shall supervise and certify the procedures
involved in the election of the elected members of the retirement board, as provided
in paragraphs (b) and (i). The regional retirement board advisory council, at
a meeting called specifically for that purpose, shall elect three of its members
as members of the regional retirement board, as provided in paragraph (b) (1).
(1) There shall be a permanent standing financial oversight committee of
the advisory council. The financial oversight committee shall consist of nine
members of the advisory council. The chairman and first member of the financial
oversight committee shall be the chairman of the advisory council. The remaining
eight members shall be chosen by the advisory council for staggered three year
terms.
(2) Before any estimate of administrative expenses and costs of the
regional retirement system may be presented to the advisory council for approval,
the estimate must first be submitted to the financial oversight committee. The
financial oversight committee shall review the estimate of administrative expenses
and costs and shall make recommendations to the advisory council on approval or
denial of any such estimates.
(3) Before the actuary prepares the final actuarial
valuation report, the actuary shall notify the chairman of the financial oversight
committee of his/her assumptions relative to investment return, rates of regular
compensation and any other variable factors that will have an impact upon the
calculation of pension liabilities of member units. The financial oversight committee
shall review any such assumptions and may make non-binding recommendations to
the retirement board and the actuary with respect to the use of such assumptions.
(4) On a quarterly basis, the treasurer-custodian shall provide investment performance
reports to the chairman of the financial oversight committee. The financial oversight
committee shall review and may make non-binding recommendations to the retirement
board relative to investment policies and procedures.
(5) The advisory council
may enact rules of procedure that will govern the term of the chairman, the conduct
of the proceedings of the advisory council, the appointment of committees, and
any other activities of the advisory council.
(h) The fiscal year of the
regional retirement system shall run from July 1st through June 30th of each year.
An estimate of administrative expenses and costs of the regional retirement system
for each fiscal year shall be approved by both the regional retirement board and
the regional retirement board advisory council on or before the October 15th preceding
the beginning of each fiscal year. No amounts may be charged from the investment
income account and credited into the expense fund and no funds may be paid from
the expense fund except in accordance with the approved estimate of administrative
expenses and costs or in accordance with any supplemental estimates of administrative
expenses and costs. Supplemental estimates of administrative expenses and costs
for any year may only be approved by the regional retirement board and the regional
retirement board advisory council in the same manner as the original estimate.
At the end of each fiscal year any excess in the expense fund, once all administrative
expenses relative to that fiscal year have been paid, not including any encumbrances,
shall be transferred back into the investment income account. The total balance
in the investment income account, after any excess from the expense fund has been
turned back, shall be transferred into the pension reserve fund and shall be used
to offset the accrued pension liability of each member unit proportionally according
to the percentage of assets attributable to each member unit when compared to
the total of assets attributable to all member units combined. If the investment
income account is in deficit at the end of the fiscal year, the amount of the
deficit shall be transferred into the investment income account from the pension
reserve fund and the charge shall be applied to the accrued pension liability
of each member unit proportionally according to the percentage of assets attributable
to each member unit when compared to the total of assets attributable to all member
units combined.
(i) The regional retirement board advisory council, which
shall serve as the election board, shall supervise the election of the elected
members of the retirement board. The council shall make available nomination papers
to any member in or retired from service so requesting and shall require that
such nomination papers be signed by the candidate and be returned to the office
of the retirement board for safekeeping until the election board shall meet. The
chairman of the council shall give a duplicate receipt for such nomination papers
to each candidate. Completed nomination papers shall contain the signatures and
addresses of at least five active or retired members of said retirement system.
The election board shall determine whether each candidate has filed nomination
papers containing the requisite signatures and addresses. If, after investigation,
the election board determines that a candidate has filed nomination papers containing
less than five signatures as required, the election board shall declare said nomination
papers invalid and shall notify the candidate of such determination. If, after
investigation, the election board determines that only one candidate has filed
the requisite number of signatures, the election board shall declare said candidate
to be the elected member of the regional retirement board. If, after investigation,
the election board determines that more than one candidate has obtained the requisite
number of valid signatures, the election board shall notify said candidates of
such determination and shall immediately prepare election ballots, and set the
date for an election to be held within 40 days. The election board shall mail
ballots to all members of the retirement system whether active or retired. The
election board shall instruct each member to place an appropriate marking on the
face of the printed ballot envelope next to the name of one candidate, insert
the ballot into a ballot envelope, and the ballot envelope into the pre-stamped
envelope, seal said pre-stamped envelope and mail said envelope to the election
board in care of the county retirement board, within 20 days after they were mailed.
Any envelope postmarked later than 20 days after such mailing shall not be used
to determine the elected member. The election board shall notify each candidate
of the time and location of the tabulation of the ballots and shall permit all
such candidates to be present at said tabulation. At the specified time for tabulation,
the election board shall assemble all envelopes and inspect said envelopes. Any
envelope which has been opened prior to said date, or which has not been signed
on the rear by the appropriate addressee, shall be invalidated and shall not be
used to determine the elected member. The election board shall, assemble all properly
signed, unopened envelopes and shall open each envelope and separate the enclosed
ballot from said envelope. The election board shall assemble all ballots and shall
tabulate the vote for each candidate. Any ballot which contains a marking for
more than the number of vacancies shall be declared invalid. The election board
shall notify each candidate in writing of the results of said election. All envelopes
and ballots received by said election board, including those determined to be
invalid, shall be preserved by the election board for two years. The costs incurred
by the election board in administering the election shall be paid from the regional
retirement system expense fund.
(j) The group insurance commission shall make
available to board members and employees of a regional retirement board health,
life and disability benefits, and said board members and employees shall be eligible
to participate in all benefits administered by the group insurance commission.
The costs thereof, including any administrative costs incurred by the group insurance
commission shall be borne by said employees and board members and the regional
retirement system. Any benefits provided, prior to the abolition of county government,
to employees and retirees of a regional retirement system that are not available
through the group insurance commission may be provided to such employees and retirees
through the regional retirement system; provided, however, that said system is
fully reimbursed, in the case of retirees, for the cost of such benefits, and,
in the case of employees, is reimbursed in a percentage equal to that of the percentage
paid by state employees for similar benefits.
(k) Any employer shall be required
to provide a board member under its employ with all necessary leave required for
service to such board. A board member who is an active member of a contributory
retirement system shall receive creditable service, consistent with the provisions
of paragraph (a) of subdivision (1) of section 4 of chapter 32, for such periods
the member is so serving.
(l) The abolished county's prior retirement board
and prior retirement board advisory council shall continue to serve until such
time as the members of the new retirement board and the new retirement board advisory
council pursuant to this section have been duly elected, selected or appointed,
as the case may be.
(m) The actuary, for purposes of determining the allocation
of assessments to member units, shall determine the total assets and liabilities
in the regional retirement system as they are attributable to each individual
member unit. On or before December 15 of each year, the actuary shall determine
the accrued pension liability that is attributable to each member unit and shall
also determine the assets attributable to each member unit that offset the accrued
pension liability as of the previous January 1st. Each member unit shall ultimately
be responsible to deposit sufficient assets into the pension reserve fund to offset
the portion of its accrued pension liability that is not fully offset by assets
attributable to that member unit; and, this may be done either by the issuance
of pension obligation bonds or according to a funding schedule adopted by the
member unit.
(n) Any member unit may issue pension obligation bonds, the proceeds
of which shall offset all or a portion of the member unit's accrued pension liability,
in accordance with chapter 44 and chapter 44A of the general laws and such pension
obligation bonds shall be considered a purpose for borrowing money outside the
debt limit in accordance with section 8 of chapter 44 and such debt shall be payable
within the following time periods: if the member unit's pension liability is more
than 95% offset by assets, five years; if the member unit's liability is less
than 95% offset but more than 85% offset, ten years; if the member unit's liability
is less than 85% offset but more than 75% offset, twenty years; if the member
unit's liability is less than 75% offset, thirty years. All proceeds received
on the issuance of pension obligation bonds, including any premium received or
discount charged on the sale of such bonds, shall be immediately deposited into
the pension reserve fund of the regional retirement system and shall offset the
pension liability attributable that member unit.
(o) The principal and interest
payments on pension obligation bonds issued by any member unit may be excluded
from the property tax levy limitations as set forth in sections 21C and 21D of
chapter 59 of the general laws; provided that such exclusion is approved in accordance
with the procedures set forth in said sections 21C and 21D of said chapter 59.
(p)
Any member unit that does not issue pension obligation bonds, or issues pension
obligation bonds but the proceeds of those bonds are not sufficient to fully offset
that member unit's pension liability, must adopt a funding schedule within the
guidelines set forth in paragraph (r) that shall be filed with the regional retirement
board on or before the first day of that member unit's next fiscal year. The regional
retirement board shall then adopt an annual assessment to each member unit in
accordance with the funding schedules so adopted. The regional retirement board
shall, within 30 days of the beginning of a member unit's fiscal year, adopt a
funding schedule, within the guidelines set forth in paragraph (r), for any member
unit that either does not adopt a funding schedule on or before the first day
of that member unit's next fiscal year or adopts a funding schedule that does
not comply with the guidelines as set forth in paragraph (r), unless the member
unit subsequently adopts a funding schedule that complies with the guidelines
of paragraph (r) within 90 days of the first day of its fiscal year in which case
the retirement board shall rescind its previously adopted funding schedule.
(q)
Funding schedules that are adopted by member units shall be adopted as follows:
in cities or in towns with a town council, by the council; in other towns, by
the board of selectmen; in regional school districts, by the school committee;
in other districts and authorities, by the board or committee that has executive
authority over such district or authority. The funding schedule for the regional
retirement system's employees shall be adopted by the regional retirement board
and the costs shall be apportioned to the member units according to the proportion
of the assets attributable to that member unit in the retirement system when compared
to the total of all assets in the retirement system.
(r) Funding schedules
shall be adopted within the following guidelines: if the member unit's accrued
pension liability is more than 95% offset by assets, that member unit's accrued
pension liability must be fully offset within five years; if the member unit's
liability is less than 95% offset but more than 85% offset, ten years; if the
member unit's liability is less than 85% offset but more than 75% offset, twenty
years; if the member unit's liability is less than 75% offset, twenty-five years.
All funding schedules must provide for annual payments that will fully offset
the accrued pension liability, and in no case may a funding schedule provide that
an accrued pension liability will extend beyond the year 2028. The regional retirement
board must subsequently determine that a member unit's funding schedule complies
with this and all other applicable provisions of law and good practice before
the regional retirement board may accept such a funding schedule. If the regional
retirement board determines that a member unit's funding schedule does not meet
the requirements of the law or of good practice, the member unit may appeal the
regional retirement board's determination to the public employees' retirement
administration commission whose determination shall be final, or the member unit
may submit a new funding schedule.
(s) The payments toward an accrued pension
liability funding schedule for any member unit may be excluded from property tax
levy limitations as if these payments were capital outlay expenditures as set
forth in sections 21C and 21D of chapter 59 of the general laws; provided that
such exclusion is approved in accordance with the procedures set forth in said
sections 21C and 21D of said chapter 59.
(t) When the actuary periodically
revises the amount of each member unit's accrued pension liability, as is required
by the provisions of chapter 32, each member unit must either issue new pension
obligation bonds or adopt a new funding schedule by the first day of that member
unit's next fiscal year in accordance with paragraphs (n), (o), (p), (q), (r)
and (s)."
Clerk 25
Increasing the motel-hotel tax percentage
that a municipality may choose to impose
Mr. Morrissey moves to amend the bill, Senate Bill 2010, by inserting after section the following new section: -
SECTION 30A. Section 3A of Chapter 64G of the Massachusetts General Laws,
as appearing in the 2000 official edition, is hereby amended in line 4 by striking
out the word "four" and inserting in place thereof the word "six"
and in line 10 by striking out the number "4.5" and inserting in place
thereof the following new number "6.0".