Bill H.4161 187th (2011 - 2012)

Amendment # 1

Representatives Winslow of Norfolk and Diehl of Whitman moves to amend House Bill 4161 by adding, at the end thereof, the following sections:-

“SECTION XX. Section 6 of chapter 64C of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking, in lines 3 and 11, respectively, the figure ‘100 ½’ and inserting in place thereof the following:- 125 ½

SECTION XX. Section 13 of chapter 64C of the General Laws, as so appearing, is hereby amended by striking, in line 54, the words ‘twenty-five’ and inserting in place thereof the following:- twelve and one half”.

SECTION XX. Section 6 of chapter 64C of the General Laws, as so appearing, is amended by adding at the end thereof:-

All cigarette excise revenues in excess of the amount received in the fiscal year ending June 30, 2012, shall be credited to the Massachusetts Transportation Trust Fund for the purpose of subsidizing the cost of fares for the Massachusetts Bay Transportation Authority.”

Amendment # 2

Mr. Durant of Spencer moves to amend bill H4162 by adding, at the end thereof, the following sections:
“SECTION XX.  Section 1 of chapter 21 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word “recreation” in lines 29 and 30 the following words:-  a division of the Rose Fitzgerald Kennedy greenway.
SECTION XX.  Chapter 21 of the General Laws is hereby amended by adding the following 3 sections:-
Section 64.  As used in this section and in sections 65 to 66, inclusive, the term “greenway” shall include (1) the open space and park parcels between the northerly limit of Causeway street and the southerly limit of Kneeland street in the city of Boston, not including the development parcels, and including at minimum parcels 5, 8, 10, 13, 14, 15, 16, 17, 19, 21, 22 and 23a through d, inclusive, as shown on a plan entitled “Parcel Land Use – Massachusetts Turnpike Authority - 2008”, drawn by Don Kindsvatter, April 1999 and most recently revised May 2008, the original of which is kept on file at the office of the Massachusetts Department of Transportation, together with any additional parcels and other areas as may not be developed by the Massachusetts Department of Transportation; (2) landscaped and sidewalk areas owned by the authority and shown on the plan that are not used exclusively for highway purposes, as well as such of development parcels 6, 12 and 18, for which the Massachusetts Department of Transportation has not previously executed a development agreement; and (3) such other properties as may be agreed to by the board and the Massachusetts Department of Transportation or as the legislature may from time to time add to the greenway; provided, however, that in no event shall the term “greenway” include any element or space, deemed by the written certification of the secretary and chief engineer of the Massachusetts Department of Transportation to be necessary for the use, operation or maintenance of the Thomas P. O’Neill, Jr. tunnel.
(a) There shall be within the department, a division of the Rose Fitzgerald Kennedy greenway.  The division shall maintain, subject to section 65, exclusive control over the greenway. 
(b) The division, on behalf of the commonwealth and in consultation with the department, is hereby authorized and empowered to:
(1) improve, maintain and operate the greenway, including associated buildings and facilities and improvements thereon, as a public park for the benefit and enjoyment of the general public;
(2) apply for and receive funds from any source, public or private, by gift, grant, bequest, or otherwise, and to expend the same on behalf of the department to provide for the design, construction and operation of approved structures, facilities, and improvements thereon.
Section 65.  (a) There shall be a Rose Fitzgerald Kennedy greenway board which shall consist of 11 members:  4 of whom shall be appointed by the commissioner of the department; 2 of whom shall be appointed by the secretary of the Massachusetts Department of Transportation; 2 of whom shall be the district's house of representatives member and/or his designee(s); 2 of whom shall be the district's senate member and/or his designee(s); and 1 of whom shall be the Mayor of Boston or his designee; provided, however, that of these appointed members: 1 shall be a horticulturist; 1 shall be a landscape architect; 1 shall be an arborist; and at least 6 shall reside in the city of Boston. 
(b) With the exception of the elected officials specified in Section 65 paragraph (a), board members shall serve for no more than two consecutive terms of three years each.  In the creation of the board, members shall be appointed in the following manner: 3 members shall be appointed to a one year term, 4 members appointed to a 2 year term and 4 members appointed to a 3 year term.  Subsequent appointees shall be made at the expiration of each term for a period of 3 years.
(c) The board shall be responsible for maintaining a balance of public recreation and open space programs for the greenway.
(d) The board may assess an event fee for any commercial use of the greenway.  All monies collected pursuant to this subsection shall be deposited into the Rose Fitzgerald Kennedy Greenway Fund, established by section 66 of chapter 21.
(e) The board may receive and expend funds from any source, public or private, to carry out the purposes of this section. The monies collected and deposited into the Rose Fitzgerald Kennedy Greenway Fund, established under section 66 of chapter 21, shall be controlled by the board, in conjunction with and subject to an annual spending plan that shall be approved by the secretary of administration and finance.
(f) The board shall keep books, records and accounts of all its activities, which shall be open to inspection. The books and records of the board shall be subject to an annual audit by the state auditor. The state auditor shall present the results of the audit to the board, the state treasurer and the house and senate committees on ways and means. The board shall also prepare an annual report which shall include: a summary of all receipts and expenditures, including expenditures for specific operation, preservation, maintenance or recreation programs; a description of the various programs operated, contracted or sponsored by the board; and a directory of current board members, including their affiliation and terms of office thereof. The board shall provide a copy of the annual report to the house and senate committee on ways and means and the executive office of administration and finance.
(g) Board members shall serve without compensation, but shall be reimbursed for their expenses actually and necessarily incurred as proposal review board members. The board shall conduct all meetings in public, pursuant to sections 18 through 24, inclusive, of chapter 30A.  Six members shall constitute a quorum.
(h) The board may adopt rules and regulations governing conduct and activity within the greenway, after consultation with the commissioner of the department of conservation and recreation.
Section 66.  There shall be established and set upon the books of the commonwealth a separate fund to be known as the Rose Fitzgerald Kennedy Greenway Fund, consisting of revenues received pursuant to sections 64 and 65 of chapter 21, including any interest or investment earnings on such monies and all other monies credited or transferred thereto from any other fund or source pursuant to law. This fund shall include money received from the Rose Kennedy Greenway Conservancy pursuant to section 12 of chapter 306 in the acts of 2008.  Any unexpended balance in the fund at the end of the fiscal year shall not revert to the General Fund, but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the Rose Fitzgerald Kennedy Greenway Fund shall cause the fund to become deficient at any point during a fiscal year. The books and records of the Rose Fitzgerald Kennedy Greenway Fund shall be subject to an annual audit by the state auditor.
SECTION XX.  Notwithstanding any general or special law to the contrary, any interest in land, lease, covenant, contract or agreement to operate, preserve, maintain, program or manage the greenway and the other open space parcels referred to in section 64 of chapter 21 of the General Laws is hereby transferred from either the Massachusetts Department of Transportation or the Rose Fitzgerald Greenway Conservancy, Inc., to the board of the Rose Fitzgerald Kennedy greenway division of the department of conservation and recreation.
SECTION XX.  Chapter 306 of the Acts of 2008 is hereby repealed. “

Amendment # 3

Representatives Winslow of Norfolk, Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleboro, and deMacedo of Plymouth move to amend House Bill 4161 by adding at the end thereof the following section:-

“Section XX.  Section 3 shall not take effect until such time as the apportionment for the construction and reconstruction of town and county ways as described in clause (b) of section 4 of chapter 6C of the General Laws, commonly known as Chapter 90 program, for the 2012 calendar year is authorized by the General Court and approved by the Governor.”

Amendment # 4

Mr. Bastien of Gardner moves to amend H4161 by adding, at the end thereof, the following section:-

SECTION XX. Section 7A of chapter 90 of the General Laws, as so appearing in the 2010 edition, is hereby amended by inserting after the word “cycle”, in line 71, the following:‐ “and provided further that such fee shall not exceed $25 in any year”.

Amendment # 5

Mr. Bastien of Gardner moves to amend H4161 by striking section 3 and inserting in place thereof the following:-
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 General Fund, such authorization limited to fiscal year 2013 only and expiring on June 30, 2013. Not later than 30 days following said transfer, the comptroller shall transfer $51,000,000 from the General Fund to the cities and towns of the Commonwealth for the construction and reconstruction of town and county ways as described in clause (b) of section 4 of chapter 6C of the General Laws.

Amendment #6

Representative Bastien of Gardner moves to amend H4161 by striking Section 3 in its entirety and replacing it with the following section:-

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) $46,000,000 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, $5,000,000, 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.

Amendment # 7

Ms. O’Connell of Taunton moves to amend House Bill 4161 by adding the following section:

“SECTION XX. Notwithstanding any general or special law to the contrary, the Board of the Massachusetts Bay Transport Authority shall, in conjunction with the Commonwealth’s transparency-promoting open checkbook program, publish online all pension payment information including name, former position, amount of yearly distribution of pension, and age of collector by April 30, 2013.

Amendment # 8

Representative Murphy of Weymouth moves to amend the bill in section 3, in line 77, by inserting after “definitions” the following “provided further, that not less than $250,000 shall be expended on the Weymouth Middle St.  at Washington St. (Route 53) Project for the replacement of chain-link fencing and upgrade of the current concrete barrier”.

Amendment # 9

Mr. Diehl of Whitman moves to amend the bill by inserting at the end thereof the following Section:
“Section XX: The MBTA train station at Whitman on the Kingston/Plymouth Line is hereby renamed the ‘Edward “Ned” P. Kirby Train Station, Whitman’. There shall be a one-time disbursement of funds to be used for the creation of the signs at the station itself, which will continue to be abbreviated as the 'Whitman’, station on all DOT materials."

Amendment # 10

Mr. Barrows of Mansfield move to amend House Bill 4161 by inserting at the end thereof the following new section: -
“Section XX.  Notwithstanding any general or special law to the contrary, no pass purchased for a single ride or as part of a multi-ride pass for use on the commuter rail will expire less than 90 days from the date of purchase.”

Amendment # 11

Representatives Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleboro, and deMacedo of Plymouth move to amend House Bill 4161 by inserting at the end thereof the following new section: -
“SECTION XX.  Chapter 161A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting at the end thereof the following new section:
Section 49.  Notwithstanding any general or special law to the contrary, the department or the authority shall not undertake any system expansion, defined as encompassing the development, conceptual planning, design and construction of any effort to expand the scope of MBTA services, of a railroad line, as defined in Section 43 of Chapter 161A, until the department or the authority conducts a cost analysis reflecting the expected fare recovery ratio for that project, and certifies that the project will exceed a 50% fare recovery ratio.  This cost analysis shall include any and all costs associated with the project including debt service, construction costs, future maintenance and associated costs. The auditor of the commonwealth shall request that the administrator of the appropriate division of the department prepare the fiscal analysis, including life cycle costs, demonstrating that sufficient revenues exist or will be generated to operate and maintain in good repair the expansion. This analysis shall also be submitted to the joint legislative committee on revenue.

Nothing in this section shall be construed to prevent any system enhancement, defined as encompassing capital projects that improve existing service and foster increased ridership.”

Amendment # 12

Ms. Garlick of Needham moves to amend the bill by adding the following section:

SECTION XX.  For a town with only one community hospital, MBTA Commuter Rail Saturday Services shall be preserved for the commuter rail line which includes a stop within 700 yards of the hospital.

Amendment # 13

Representatives Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleboro, and deMacedo of Plymouth move to amend House Bill 4161 by inserting at the end thereof the following new section: -
“Section XX.  Chapter 161A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting at the end thereof the following new section:
Section 49.  Notwithstanding any general or special law to the contrary, the department or the authority shall not undertake any system expansion, defined as encompassing the development, conceptual planning, design and construction of any effort to expand the scope of MBTA services, until the department or the authority conducts a cost analysis reflecting the expected fare recovery ratio for that project, and certifies that the project will exceed the fare recovery ratio for that particular mode of transportation system wide.  This cost analysis shall include any and all costs associated with the project including debt service, construction costs, future maintenance and associated costs. The auditor of the commonwealth shall request that the administrator of the appropriate division of the Massachusetts Department of Transportation prepare the fiscal analysis, including life cycle costs, demonstrating that sufficient revenues exist or will be generated to operate and maintain in good repair the expansion. This analysis shall also be submitted to the joint legislative committee on revenue.

Nothing in this section shall be construed to prevent any system enhancement, defined as encompassing capital projects that improve existing service and foster increased ridership.”

Amendment # 14

Representatives Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleboro, and deMacedo of Plymouth move to amend House Bill 4161 by inserting after Section 1 the following new section:-
“Section XX.  Chapter 161A of the General Laws, as so appearing, is hereby amended by adding at the end thereof the following section:-
Section 49. (a) The authority shall develop and operate, on its website, a searchable database accessible by the public at no cost that includes:

1. a complete accounting of all capital assets under the control of the authority, including the investment needed to maintain said assets in a state of good repair and an estimate of which fiscal year the asset will be placed on the capital investment program;
2. monthly ridership data aggregated by each mode of transit provided by the authority;
3. the fare recovery ratios for each mode of transit provided by the authority; provided however, that such ratios shall be further aggregated for each commuter rail line; and
4. the financial plans, proposed by the authority, for any proposed expansion projects, which shall include but not be limited to, the development, conceptual planning, design and construction of any effort to expand the scope of MBTA services.

(b) The searchable database shall allow users to search electronically by field in a single search, aggregate the data, download information yielded by a search and, where possible, contain graphical representations of the data and a hyperlink to the actual grants issued.
(c) The searchable database shall include and retain information for each fiscal year for not less than 10 fiscal years.
(d) The authority shall update the searchable database as new data becomes available; provided that all applicable data must be updated at the close of each fiscal year.”

Amendment # 15

Representatives Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleboro, and deMacedo of Plymouth move to amend House Bill 4161 by adding at the end thereof the following sections:-
SECTION XX. To provide for a program of transportation development and improvements, the sums set forth in section 2B, for the several purposes and subject to the conditions specified in this act, are hereby made available, subject to the laws regulating the disbursement of public funds. The sums appropriated in this act shall be in addition to any amounts previously appropriated and made available for these purposes.

SECTION 2B.  MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

6122-1223 For the construction and reconstruction of town and county ways as described in clause (b) of section 4 of chapter 6C of the General Laws, the “chapter 90 program”; provided that a city or town shall comply with the procedures established by the department of transportation; provided further, that any city or town may appropriate for these projects amounts not in excess of the amount provided to the city or town under this item, preliminary notice of which shall be provided by the department to the city or town not later than April 1 of each year; provided further, that the appropriation shall be considered as an available fund upon approval of the commissioner of revenue under section 23 of chapter 59 of the General Laws; and provided further, that the commonwealth shall reimburse a city or town under this item, subject to the availability of funds as provided in section 9B of chapter 29 of the General Laws, within 30 days after receipt by the department of a request for reimbursement from the city or town, which request shall include certification by the city or town that actual expenses have been incurred on projects eligible for reimbursement under this item, and that the work has been completed to the satisfaction of the city or town according to the specifications of the project and in compliance with applicable laws and procedures established by the department………………………………………………………………………..$200,000,000

SECTION XX. To meet the expenditures necessary in carrying out section 2B, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, the sum of $200,000,000. All the bonds issued by the commonwealth as aforesaid shall be designated on their face, Town and County Ways and Economic Development Loan, Act of 2012, and shall be issued for a maximum terms of years, not exceeding 30 years, as the governor may recommend to the general court under Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all these bonds shall be payable not later than June 30, 2047. All interest and payments on account of principal of these obligations shall be payable from the General Fund. Notwithstanding any other general or special law to the contrary, bonds and interest thereon issued under this section shall be general obligations of the commonwealth.

Amendment # 16

Ms. Ferrante of Gloucester moves to amend the bill by inserting at the end thereof the following new sections:
Section ___. Chapter 90 of the General Laws is hereby amended by inserting after section 2D the following section:
            Section 2D1/2. The registrar shall establish within the department a low number registration plate auction. Such auction shall be conducted on an annual basis to be determined by the registrar. Said registrar shall establish rules and eligibility requirements for all participants. Such participants may win one bid per annual auction. Registration plates will only be awarded in the order in which they are listed by the registrar and all participants shall be residents of the Commonwealth with an active Massachusetts driver’s license. Application requests for specific registration plate numbers shall not be honored. Revenue generated by such auction shall be transferred to the general fund.

Amendment # 17

Representatives Sciortino of Medford, Wolf of Cambridge, Walz of Boston, Peisch of Wellesley, Rushing of Boston, Garballey of Arlington, Lewis of Winchester, Hecht of Watertown and Provost of Somerville move to amend the bill by adding the following section:

“Section XX.
That the Joint Committee on Transportation be authorized to sit during a recess of the General Court to make an investigation and study of all issues relating to the need for additional revenue for transportation operations, maintenance and capital funding for transportation in the Commonwealth including roads and bridges, public transportation and bicycle and pedestrian facilities. Said committee may accept research and other assistance (at no cost) from one or more not-for-profit academic or research institutions with expertise in transportation finance.  Said committee shall report to the General Court the results of its investigation and study and its recommendations, if any, together with drafts of legislation necessary to carry such recommendations into effect, by filing the same with the Clerk of the House of Representatives and the Clerk of the Senate on or before December 1, 2012.”

Amendment # 18

Representatives Wolf of Cambridge and Sciortino of Medford move to amend the bill by adding the following section:
”Section XX.  Notwithstanding any general or special law to the contrary, Massachusetts Bay Transportation Authority fares for single ride fares and monthly passes for seniors, persons with disabilities, or students shall be set at an amount equal to the rate of 40% of fares for other passengers on the Authority’s bus, subway, commuter rail, or ferry services. For convenience of collection, such increase may be rounded to the nearest nickel. “

Amendment # 19

Representatives Wolf of Cambridge and Sciortino of Medford move to amend the bill by adding the following section:
 “Section XX.  Notwithstanding any general or special law to the contrary, Massachusetts Bay Transportation Authority fares for single ride fares and monthly passes for seniors, persons with disabilities, or students shall be set at an amount equal to the rate of 33% of fares for other passengers on the Authority’s bus, subway, commuter rail, or ferry services. For convenience of collection, such increase may be rounded to the nearest nickel. “

Amendment # 20

Representatives Wolf of Cambridge and Sciortino of Medford move to amend the bill by adding the following section:
 “Section XX.  No later than July 31, 2012, the Governor shall present to the Speaker, the Senate President, the Joint Committee on Transportation, the House and Senate Ways and Means Committees, and the Joint Committee on Elder Affairs the report completed by the commission established under Executive Order number 530, “Establishing a Commission for the reform of community, social service and paratransit transportation services in the Commonwealth,” given at the Executive Chamber in Boston on the 4th day of April in the year two thousand and eleven. “

Amendment # 21

Mr. Straus of Mattapoisett moves to amend House Bill 4161:
            by inserting the words “and procedures” after the word “time” in the first sentence of paragraph (a) of section 5;
            by inserting the words “Massport and” immediately preceding the words “the MBTA” in the first sentence of paragraph (b) of section 5; and
            by deleting the words “the seaport district” in the second sentence of section 6 and inserting in place thereof the words “Boston Harbor.” 

Amendment # 22

Mr. Dempsey of Haverhill moves to amend House bill 4161, in section 1, by striking out, in lines 51 and 52, the words “and an application for a criminal complaint will be made in accordance with paragraph one of this section”;
And further moves to amend the bill by adding the following section:-
SECTION 7.  The comptroller shall deposit funds received through federal reimbursement due to actions authorized in section 5 of this act to the Massachusetts Transportation Trust Fund, provided that said deposits shall not exceed $5,000,000.

Amendment # 23

Mr. Rushing of Boston moves to amend House bill 4161 by striking SECTION 1 and inserting the following section –
 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.  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 he 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 fifty nor more than five hundred dollars. 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; but no person shall be removed from a car of a railroad corporation except as provided in section ninety-three, nor from a train except at a regular passenger station.
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,including by a verbal  statement of name and address, for the purpose of issuing a non-criminal citation. Whoever fails or refuses to make himself known by personal identification or any other means upon demand by a Massachusetts Bay Transportation Authority police officer for the purposes of issuing a non-criminal 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.
A person who is issued a noncriminal citation shall be assessed a fine as follows: $25 for a first offense; $100 for a second offense; or $250 for a third or subsequent offense. If the person fails to pay the fine within 90 days of the date of the issuance of a noncriminal citation under this section, or the violator fails to request a hearing within 90 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,taking into consideration financial hardship and extenuating circumstances. If the fine is not waived under this section, the violator shall have 90 days from the date of the hearing to pay the fine.
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.
If the records of the registrar indicate that the violator has no current information on file and the violator is under 18 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 18 years of age or older and fails to pay the fine or request a hearing, a surcharge of $100 will be assessed to each violation. The violator must first pay the fine and surcharge before being issued a license to operate a motor vehicle under Chapter 90
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 ninety days after the date of violation may result in the non-renewal or non-issuance of a license to operate a motor vehicle and an additional payment may be due.”

Amendment # 24

Mr. Naughton of Clinton moves to amend the bill, at the end thereof, by inserting the following new section:
Notwithstanding any general or special law, rule or regulation to the contrary, any and all future investment projects by the Massachusetts Bay Transportation Authority, provided that proper procurement procedures are followed, consideration must be given to agreements that would facilitate job growth within the Commonwealth, provided that any potential agreement would also be of equal and fair economic value to other offers received.    

Amendment # 25

Representatives Provost of Somerville, Sciortino of Medford, Ayers of Quincy, Hecht of Watertown, Garballey of Arlington, Rushing of Boston, Coakley-Rivera of Springfield, Walz of Boston, Lewis of Winchester, and Balser of Newton move to amend the bill, H.4161, in Section 4, by adding, in line 85, after the word “program,” the following:
“, and the Executive Office of Health and Human Services shall provide a personal needs allowance of $80.00 per month for individuals residing in nursing homes and rest homes who are eligible for MassHealth, Emergency Aid to the Elderly, Disabled and Children program or Supplemental Security Income, and who are customers of the above-referenced Massachusetts Bay Transportation Authority and the Regional Transportation Authorities.”

Amendment # 26

Representatives Hecht of Watertown, Garballey of Arlington, Sciortino of Medford, and Provost of Somerville move to amend the bill by inserting after section 6 the following section:

“SECTION 7. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall not increase fares for paratransit service or fares for seniors, persons with disabilities, or junior high or high school students; provided however, such fares may be increased simultaneously with fares for other passengers on the Authority’s bus, subway, commuter rail, or ferry services but only in an amount no greater than the average percentage increase in all fares.  For convenience of collection, such increase may be rounded to the nearest quarter dollar.”

Amendment # 27

Representatives Peisch of Wellesley, Ferrante of Gloucester, Garballey of Arlington, Hecht of Watertown, Lewis of Winchester, Sciortino of Medford, and Walz of Boston move to amend House Bill No. 4161 in section 1 by adding the following subsection:-

(f) The Massachusetts Bay Transportation Authority shall conduct an investigation and study into the issue of failure to collect fares on the commuter rail. The MBTA shall examine, report and make recommendations on topics including, but not limited to: (1) the extent to which fares are not collected on the commuter rail; (2) the steps that have been taken to ensure that fares are collected on the commuter rail; (3) estimates of the amount of fare revenue that continues to be lost due to inadequate fare collection; and (4) recommendations to ensure that revenue collection is maximized.

The MBTA shall report to the general court the results of its investigation and study and its recommendations, if any, by filing the same with the clerks of the senate and the house of representatives who shall forward the same to the chairs of the joint committee on transportation and the chairs of the house and senate committee on ways and means on or before December 31, 2012.

Amendment # 28

Mr. Cantwell of Marshfield moves to amend the bill in Section 3 (a), in line 67, by inserting after "authority", the following:  "further provided that the Massachusetts Bay Transportation Authority be required to restore weekend service for the old colony regional rail lines."

Amendment # 29

Mr. Cantwell of Marshfield moves to amend the bill by adding the following section: “Section X. Notwithstanding any general or special law to the contrary the Massachusetts Department of Transportation shall submit a report to the House and Senate Committees on Ways and Means, the Joint Committee on Transportation, and the Joint Committee on Travel and Tourism no later than August 31, 2012 that details a marketing plan for promoting greater use of the so-called ‘Old Colony Regional Rail Lines’ in concert with bus, ferry, and other regional transportation services.  Said report shall include, but not be limited to, an estimated cost for restoring weekend service of said Old Colony Rail service and the cost of a new marketing plan for said service.”