FILED ON: 6/11/2012

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4161

The Commonwealth of Massachusetts

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In the Year Two Thousand Twelve

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An Act relative to certain reforms relative to the Massachusetts Department of Transportation.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide for an accelerated transportation development and improvement program for the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Chapter 159 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out section 101 and inserting in place thereof the following section:-

Section 101.  (a) Whoever fraudulently evades or attempts to evade the payment of a fare lawfully established by a railroad corporation or railway company, either by giving a false answer to the collector of the fare, or by traveling beyond the point to which the person has paid the same, or by leaving the station, train, trolley, car, motor bus, or trackless trolley vehicle without having paid the fare established for the distance traveled, or otherwise, shall forfeit not less than $50 nor more than $500. Whoever passes beyond the point where a fare is collected and does not first pay such fare shall not be entitled to be transported for any distance, and may be removed from a railway car, train, trolley, motor bus or trackless trolley vehicle; provided, however, that no person shall be removed from a car of a railroad corporation except as provided in section 93, nor from a train except at a regular passenger station.

(b) Passengers who fail to pay or prepay the required fare on any vehicle or ferry owned by or operated for the Massachusetts Bay Transportation Authority in violation of this section shall be subject to a noncriminal citation, and may be requested to provide identification to Massachusetts Bay Transportation Authority police or employees within the instructor, chief inspector, or inspector classifications for the purpose of issuing a noncriminal citation. Upon request by a Massachusetts Bay Transportation Authority police officer, a passenger shall make themselves known to police by personal identification or any other means for the purpose of issuing a noncriminal citation. Whoever fails or refuses to make oneself known by personal identification or any other means upon demand by a Massachusetts Bay Transportation Authority police officer for the purposes of issuing a noncriminal citation shall be subject to arrest for fare evasion pursuant to section 93. This paragraph does not confer any power of arrest or any other power, other than to inquire as to personal identification and to issue noncriminal citations to fare evaders, on Massachusetts Bay Transportation Authority employees classified as an instructor, chief inspector, or inspector.

(c) A person who is issued a noncriminal citation shall be assessed a fine as follows: $75 for a first offense; $200 for a second offense; or $350 for a third or subsequent offense. If the person fails to pay the fine within 21 days of the date of the issuance of a noncriminal citation under this section, or the violator fails to request a hearing within 21 days of the date of the issuance of a noncriminal citation under this section, the authority shall provide notice of nonpayment of a fine indicating that the person’s license or right to operate a motor vehicle will be suspended until the fine is paid. The authority shall provide reasonable opportunity for a hearing and may waive or reduce a fine imposed under this section within its discretion. If the fine is not waived under this section, the violator shall have 21 days from the date of the hearing to pay the fine.

Each citation shall state: “This noncriminal citation may be returned by mail, personally or by an authorized person. A hearing may be obtained upon the written request of the violator. Failure to obey this notice within 21 days after the date of violation may result in the non-renewal of the license to operate a motor vehicle.”

(d) Upon the report of the authority of nonpayment of a fine under this section, the registrar shall not renew that person’s license or right to operate a motor vehicle under chapter 90 until the registrar receives a report from the authority indicating that the fine has been satisfied. Fines imposed under this section shall be paid to the general fund of the Massachusetts Bay Transportation Authority.

(e) If the records of the registrar indicate that the violator has no current information on file and the violator is under 17 years of age, the record shall be retained until such time the violator is eligible for a license to operate a motor vehicle under chapter 90. The violator must first pay the fine before being issued said license.

If the records of the registrar indicate that the violator has no current information on file and the violator is 17 years of age or older and the violator fails to pay the fine or request a hearing, a surcharge of $100 will be assessed to each violation and an application for a criminal complaint will be made in accordance with paragraph one of this section.

SECTION 2.  Line item 1595-6368 in section 2E of chapter 68 of the Acts of 2011 is hereby amended by adding at the end thereof the following:-

;provided further, that the Secretary of Transportation shall transfer the remaining snow and ice budget funded from this line item, in an amount not to exceed $1,500,000, to the regional transit authorities organized under chapter 161B of the General Laws; provided, however, that notwithstanding the provisions of section 23 of said chapter 161B, such funds shall be distributed to each regional transit authority as supplemental assistance pro rata based upon the percentage of funds received by each regional transit authority from the total amount of state contract assistance distributed to such authorities in fiscal year 2012.

SECTION 3.  Notwithstanding any general or special law or regulation to the contrary, the registrar of motor vehicles is hereby authorized to transfer $51,000,000 from the Motor Vehicle Inspection Trust Fund to the Massachusetts Transportation Trust Fund, such authorization limited to fiscal year 2013 only and expiring on June 30, 2013.  Not later than 30 days following said transfer, the secretary of transportation shall transfer: (a) $49,000,000 from the Massachusetts Transportation Trust Fund to the Massachusetts Bay Transportation Authority or any fund controlled by that authority; and (b) subject to the following conditions, $2,000,000, in the aggregate, from the Massachusetts Transportation Trust Fund to the regional transit authorities organized under chapter 161B of the General Laws, provided, however, that (i)  notwithstanding the provisions of section 23 of said chapter 161B, said $2,000,000 shall be distributed to each regional transit authority as supplemental assistance pro rata based upon the percentage of funds received by each regional transit authority from the total amount of state contract assistance distributed to the regional transit authorities in state fiscal year 2012; (ii) such funds shall only be used to reimburse the authorities for the prior fiscal year’s “preventative maintenance expenses” of the vehicle fleet, as that term is defined within the federal national transit database definitions, and (iii) any regional transit authorities not required to file with the national transit database shall file with the department of transportation the same information required by the national transit database with respect to preventative maintenance expenses. 

SECTION 4.  Notwithstanding chapter 66A of the General Laws or any other general or special law or regulation to the contrary, the Massachusetts Bay Transportation Authority and the Regional Transit Authorities organized under the provisions of chapter 161B of the General Laws are hereby authorized to provide the Executive Office of Health and Human Services personal data relative to customers utilizing the paratransit services of the authorities for the purpose of securing federal reimbursement and administration of the MassHealth program.

SECTION 5.  (a) Notwithstanding any general or special law, rule or regulation to the contrary, the Massachusetts Department of Transportation shall submit a report to the House and Senate committees on Ways and Means and the Joint Committee on Transportation not later than July 9, 2012, describing  the time required to free the properties located at 703 Washington Street in Quincy, Massachusetts (Fore River Shipyard Ferry) and 349 Lincoln Street in Hingham, Massachusetts, the Commuter Boat Service piers (including Charlestown) and the Fore River Terminal currently owned and operated by the Massachusetts Bay Transportation Authority (MBTA), from any legal encumbrances in order to prepare said properties for appraisal and sale to the Massachusetts Port Authority (Massport) during Fiscal Year 2013.  The report shall include an estimated schedule of when the properties will be available for sale and any requirements that must be met  in meeting the schedule submitted.

(b) Notwithstanding any general or special law, rule or regulation to the contrary, the Massachusetts Department of Transportation shall submit a report to the House and Senate committees on Ways and Means and the Joint Committee on Transportation not later than August 31, 2012, on the procedural requirements  of the MBTA to transfer operation and ownership of the commuter boats “Lightning” and “Flying Cloud” to Massport during Fiscal Year 2013.  The report shall include a fair market appraisal of properties, as approved by the Inspector General, financial obligations to the federal government, if any, and any other requirements  that would be associated with  said transfer. 

SECTION 6. Notwithstanding any general or special law, rule or regulation to the contrary the Massachusetts Port Authority shall submit a proposal to the House and Senate committees on Ways and Means and the Joint Committee on Transportation not later than August 31, 2012, on how the authority will  own, operate and maintain commuter boat service once the Massachusetts Bay Transportation Authority transfers all rights, title and interest in its properties affiliated with its commuter boat service to the authority.  The proposal shall detail any (a) federal requirements, if any, with the authority’s implementation of the purchase and operation of  commuter boat service; (b) solvency issues associated with the operation of commuter boat service and the authority’s plan to address those issues; and (c) how commuter boat service operation will relate to  the economic development of the seaport district.