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Session Laws

1994

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CHAPTER 231 AN ACT PROVIDING FOR THE REPAIR OF PUBLIC HIGHWAYS, ROADS AND BRIDGES.

Be it enacted by the People, and by their authority:

Section One:

Massachusetts General Laws, Chapter 64A, Section 13, Subsection (b) as amended by St. 1992, c. 286 sec 139, is hereby stricken.

Section Two:

Massachusetts General Laws, Chapter 64A, Section 13, Subsection (a) as amended by St. 1992, c. 286 sec 139, in line 11 is hereby amended by striking the words: "sixty-nine and eighty-five hundredths percent" and inserting in its place thereof the following: "seventy percent".

Section Three:

Massachusetts General Laws, Chapter 64A, Section 13, Subsection (d), as amended by St. 1992, c. 286 sec 139, shall be further amended by inserting at the end thereof the following new clause: "and further, other than the revenues specified herein no other revenues under this section shall be used for the sole purpose specified in this subsection."

Section Four:

Massachusetts General Laws, Chapter 29, Section 1 as amended by St. 1992, c. 133 sec 333, is hereby amended by inserting after the word "General Fund", in Line 28 thereof, the word "and" and by striking the following words: "the Highway Fund".

Section Five:

Massachusetts General Laws, Chapter 29B, Section 1 as amended by St. 1992, c. 133 sec 348 and sec 599 is hereby amended by inserting after the word "General Fund", in Line 45 thereof, the word "and" and by striking, in Line 46 thereof, the following words: "the Highway Fund".

Section Six:

Massachusetts General Laws, Chapter 90, Section 34 as amended by St. 1991, c. 552 sec 74, is hereby amended by adding at the beginning thereof the following: "The citizens of the Commonwealth have a right to a safe and efficient public highway, roads and bridge system. This system includes highways, roads and bridges constructed and maintained by the Commonwealth of Massachusetts, that of its counties, cities, and towns which continues to deteriorate, causing an urgent need for the Commonwealth to construct and maintain a safe, sound and efficient public highway, road and bridge system necessary for the well being of the citizens of the Commonwealth. Unless sufficient funding and planning is provided immediately, the cost of repair and reconstruction will increase and the economic well being and safety of the users of this system will be endangered."

Section Seven:

Massachusetts General Laws, Chapter 90, Section 34, as amended by St. 1991, c. 552 sec 74, shall be further amended by inserting in Line 34 thereof the following new clause: "No revenue credited to the Highway Fund shall be transferred from said Fund to any other Fund of the Commonwealth for any other purpose".

Section Eight:

Massachusetts General Laws, Chapter 90, Section 34, as amended by St. 1991, c.552 sec 74, is hereby further amended by inserting at Line 29 a new clause numbered (1)(a) which shall provide: "(1)(a) The secretary of transportation and construction shall, within one year of the effective date of this act, prepare a comprehensive state transportation plan for the fiscal years from nineteen hundred and ninety-six through two thousand two. Said plan shall be prepared after public hearings pursuant to chapter thirty A of the General Laws. Said plan shall be designed to improve the quality of life in the commonwealth by promoting economic development and employment in the commonwealth by meeting cost effectively the diverse transportation needs of all residents of the commonwealth, including urban, suburban, and rural populations. Said plan shall also include an engineering assessment to anticipate highway, road and bridge needs throughout the commonwealth which prioritizes projects based on need as determined by objective engineering measurements of condition, safety and service. The executive offices of environmental affairs and economic affairs shall be consulted in the development of said plan. Said plan shall be updated every three years. The above referenced plan shall provide for the repair and reconstruction of five percent annually at minimum of the public highways and bridges of the Commonwealth, its counties, cities and towns.

Section Nine:

The preceding sections of this act are severable and in the event that any section is to be deemed invalid such invalidity shall not be given any effect with respect to the remaining sections.

ELECTION, 1994.