Amendment S.1766 188th (2013 - 2014)

The committee on Ways and Means, to whom was referred the House Bill relative to transportation finance (House, No. 3415); reports, recommending that the same ought to pass with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 1766.

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Bill Information

Sponsor:: Senate Committee on Ways and Means

Senate | House | Engrossed Bill

[Text of proposed amendments to the Senate Bill relative to transportation finance (Senate, No. 1766)]

Last updated: April 13, 2013 8:11 PM

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WITHDRAWN

ADOPTED
Clerk #2

Fare Evasion

Mr. Michael Moore, Ms. Clark and Ms. Chandler moves to amend the bill (Senate, No. 1766) by inserting, after section ___, the following new section:-

“SECTION ____. Notwithstanding any general or special law to the contrary, the inspector general shall conduct an investigation of the policies and procedures regarding enforcement of fare collection for the Massachusetts Bay Transportation Authority. The inspector general shall submit a report to the house and senate committees on ways and means on the results of the investigation and any recommended changes to the system to further prevent and detect fare evasion not later than December 1, 2013.”

Rejected
Clerk #3

Fares

Mr. Michael Moore moves to amend the bill (Senate, No. 1766) by inserting, after section ___, the following new section:-

“SECTION ____. Notwithstanding any general or special law to the contrary, the fares for the Massachusetts Bay Transportation Authority shall be adjusted every January 1 by the percentage increase of the Consumer Price Index for Urban Consumers prepared by the Bureau of Labor Statistics of the United States Department of Labor for the previous calendar year.”

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WITHDRAWN

Rejected
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Incremental Gas Tax Increase

Messrs. Brownsberger and Donnelly move to amend the bill (Senate, No. 1766) by adding the following words to the end of section 29:- In addition to the foregoing adjustments, the tax per gallon shall be increased by 3 cents on January 1, 2017 and by an additional 3 cents on January 1, 2020.

Clerk #6

WITHDRAWN

Clerk #7

WITHDRAWN

ADOPTED
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Commercial Property Equity

Mr. DiDomenico moves to amend the bill (Senate, No. 1766) by inserting the following section:-

SECTION XX. Section 24 of chapter 161A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding after the last sentence the following sentences: -
Real property of the authority shall, if leased, used, or occupied in connection with a business conducted for profit shall, for the privilege of such lease, use or occupancy be valued, classified, assessed and taxed annually as of January first to the lessee, user, or occupant in the same manner and to the same extent as if such lessee, user, or occupant were the owner thereof in fee. No tax assessed under this section shall be a lien upon the real estate with respect to which it is assessed; nor shall any tax be enforced by any sale or taking of such real estate; but the interest of any lessee therein may be sold or taken by the collector of the town in which the real estate lies for the nonpayment of such taxes in the manner provided by law for the sale or taking of real estate for nonpayment of annual taxes. Notwithstanding the above, such collector shall have for the collections of taxes assessed under this section all other remedies provided by chapter sixty for the collection of annual taxes upon real estate. This section shall not apply to leases, easements, grants, licenses or rights of way associated with the networks of public utilities or communications companies.

Rejected
Clerk #9

Extension project funding

Mr. Montigny and Mr. Rodrigues moves to amend the bill (Senate, No. 1766), in section 54, by inserting the following after subsection (b):-

(c) The department shall use any additional bonding capacity or any portion thereof created by the removal of personnel costs from the capital budget pursuant to this section to fund the capital costs associated with planning, design, permitting, engineering and construction of transportation projects that shall include, but not be limited to, the south coast rail project and green line extension.

Mr. Montigny further moves to amend the bill, in section 58, by inserting at the end thereof the following:- Sufficient funds to pay for debt service for these projects shall be distributed annually from the Commonwealth Transportation Fund in section 2ZZZ of Chapter 29.

Rejected
Clerk #10

Universal University Pass Program

Mr. Donnelly moves that the bill be amended by adding at the end of the bill the following new section:-

SECTION XX. The department shall develop a mandatory Universal University Pass Program (U-Pass) beginning in fiscal year 2015 for colleges and universities throughout the commonwealth, with the purpose of providing unlimited rides on the transportation systems of the Massachusetts Bay Transportation Authority (MBTA) and the Regional Transit Authorities (RTA) to all full-time undergraduate and graduate students at the colleges and universities that are located within 1 mile of MBTA or RTA service. The U-Pass program shall contain all the terms of participation by the schools, the obligations of the department, MBTA, and RTAs under the program, and such other terms as necessary.

The U-Pass fare for the first fiscal year of the program shall be no less than 65% of the full fare, per student per semester. The department may increase the fare in later years. All colleges and universities that are located within 1 mile of service provided by the MBTA or a RTA are required to participate in the program and pay the applicable U-Pass fare for each full-time undergraduate and graduate student at the school directly to the applicable RTA or MBTA. The department may authorize alternative arrangements under unusual circumstances and may allow for the continuation of contracts that provide unlimited rides for students.

Rejected
Clerk #11

Universal Employer Pass Program

Mr. Donnelly moves that the bill be amended by adding at the end of the bill the following new section:-

SECTION XX. The department shall develop a voluntary Universal Employer Pass Program (E-Pass) beginning in fiscal year 2015 for large employers throughout the commonwealth, with the intended purpose of providing unlimited rides on the transportation systems of the Massachusetts Bay Transportation Authority (MBTA) and the Regional Transit Authorities (RTA) to all employees of participating large employers. The MBTA or RTA shall make the program available to all large employers that are located within 1 mile of MBTA or RTA service. The E-Pass agreements shall contain all the terms of participation by employers, the obligations of the department, MBTA, and RTAs under the program, and such other terms as necessary. The department shall establish a goal that at least 50 per cent of large employers in the commonwealth have an E-Pass program in place within five years of the establishment of the voluntary program. For purposes of this section, “large employer” shall mean employers that employ at least 50 employees in the commonwealth.

The E-Pass fare shall be negotiated by the department with each participating employer and shall be set at a level to assure that no transit authority has a reduction in fare revenue as a result of the program. Employers within one mile of service provided by the MBTA or a RTA that participate would be required to pay the applicable E-Pass fare for each employee directly to the applicable RTA or MBTA. The department may authorize alternative arrangements under unusual circumstances.

REDRAFT Clerk #12

WITHDRAWN

Rejected
REDRAFT Clerk #13

Establishing an equitable fare cap

Mr. Donnelly, Ms. Clark and Ms. Chang Diaz moves that the bill be amended by adding at the end of the bill the following new sections:-

SECTION XX. Section 5 of chapter 161A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out subsection (e) in its entirety and replacing it with the following new subsection:-
(e) The board shall not establish a fare in excess of 35 per cent of the regular adult cash fare for children between the ages of 5 and 19 years, inclusive, or for persons 65 and older who reside within the commonwealth, or for persons with disabilities who reside within the commonwealth. Any such fare so established shall provide for free transfer privileges.

SECTION XX. Section 8 of chapter 161B of the General Laws is hereby amended by inserting after the first sentence in subsection (d) the following text:
Fares shall not be in excess of 35 per cent of the regular adult cash fare for children between the ages of 5 and 19 years, inclusive, or for persons 65 and older who reside within the commonwealth, or for persons with disabilities who reside within the commonwealth. Any such fare so established shall provide for free transfer privileges.

Rejected
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Vulnerable Road User Safety Commission

Ms. Creem moves to amend the bill (Senate, No. 1766) by adding the following new section:-

SECTION XX: Notwithstanding the provisions of any general or special law to the contrary, there is hereby established a Vulnerable Road User Safety Commission to investigate and report on the frequency of injury to and accidents involving vulnerable road users, and methods to enhance multiple modes of transportation, including bicycling and walking. Vulnerable road users shall include, but not be limited to, pedestrians and bicyclists. Said commission’s report shall include, but not be limited to, data on the frequency of accidents involving vulnerable road users, the nature of such accidents, the involved parties, road conditions, and methods to increase road safety, including but not limited to colored bike paths, wider bike lanes, increased use of traffic lights, and practices used in other cities to increase vulnerable road user safety . The commission shall develop strategic and legislative recommendations to reduce the incidence of accidents and educational materials and strategies to inform the public on best safety practices for sharing the road.

The commission shall be comprised of the House and Senate Chairs of the Joint Committee on Transportation, who shall serve as co-chairs of the commission; the Commissioner of the Department of Public Health or his designee; the Commissioner of Transportation or his designee; The Commissioner of Public Safety, and one representative from each of the following organizations: the Bicycle and Pedestrian Advisory Board, WalkBoston, the Massachusetts Bicycle Coalition, the Massachusetts Municipal Association, the Massachusetts Chiefs of Police Association, and the Massachusetts State Police. Said commission shall file a report of its study, including its recommendations and drafts of legislation with the clerks of the Senate and House of Representatives on or before December 31, 2013.

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WITDRAWN

Rejected
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Consumer Price Index

Ms. Creem moves to amend the bill (Senate, No. 1766) by striking out, in line 478, the year “2015” and inserting in place thereof the following year:- “2014”.

ADOPTED
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MassDOT reporting on modal and regional equity

Ms. Flanagan and Ms. Clark moves to amend Senate Bill 1766 by inserting at the end thereof the following new section:-

Section ___. The Massachusetts department of transportation, in order ensure its transportation investment in capital projects is both geographically and modally equitable, shall publish on its website the information required in the annual report pursuant to section 28 of chapter 6c of the general laws; provided, said information also is to be updated no less than quarterly with such updates reported on said website.

Rejected
Roll Call #20 [7 YEAS - 24 NAYS]
Clerk 18

Deferral of the Gas Tax Increase

Mr. Rush moves to amend the bill (S.1766) by inserting the following section:-

SECTION XX. There is hereby established a special legislative task force to investigate and study cost-savings reform measures within the Massachusetts Bay Transportation Authority.

The task force shall consist of 8 members, two of whom shall be the the house and senate chairs of the joint committee on transportation; one of whom shall be the chair of the senate committee on post audit and oversight; one of whom shall be the chair of the house committee on post audit and oversight; one of whom shall be appointed by the senate president and shall be a member of the joint committee on transportation; one of whom shall be appointed by the speaker of the house of representatives and shall be a member of the joint committee on transportation; one of whom shall be designated by the senate minority leader and who shall be a member of the joint committee on transportation or the senate committee on post audit and oversight; one of whom shall be designated by the house minority leader and who shall be a member of the joint committee on transportation or the senate committee on post audit and oversight. The chairs of the joint committee on transportation shall serve as the co-chairs of the task force. The investigative study shall include but not be limited to consideration the following issues:

the task force shall make an investigation and study of cost-savings reform measures within the Massachusetts Bay Transportation Authority, including but not limited to an evaluation of potential cost savings through reform of administrative expenses, consultancy services, equipment lease and purchase, facility and operational costs, grants and subsidies, fiduciary payments, highway and building projects, information technology, pension, personnel and insurance;
the task force shall identify potential new revenue sources not associated with revenues generated from fare increases or service cuts;
the task force shall identify and report on progress of legislative reforms implemented in 2009, to include reforms related to the development of objective project selection criteria, development of a performance management system, strategic planning for technology, integrated asset management system, life cycle modeling, ending the practice of paying operating employees from the capital budget;
the task force shall conduct a thorough review of the fare collection system.

The special legislative task force established by this section shall, upon request by any member of the task force, have access to any documents required in furtherance of this section.

The task force shall report to the general court the results of its investigation and study and its recommendations, together with drafts of legislation, to carry its recommendations into effect by filing the same with the clerks of the senate and house of representatives on or before October 1, 2013.

SECTION XX. Sections 28 and 29 shall take effect on such a date after a legislative reform package provided for in Section XX is signed into law by the governor.

Clerk #19

WITHDRAWN

Rejected
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Gas Tax Increases

Mr. Knapik moves to amend the bill (Senate, No. 1766) by striking out section 29.

Rejected
2nd REDRAFT Clerk #21

Closing wasteful tax loopholes

Mr. Montigny moves to amend the bill, S1766 by adding the following sections:-

SECTION____ . Chapter 63 of the General Laws is hereby further amended by inserting after section 29E the following section:-

Section 29F. (a) When 50 per cent or more of the capital interests or profits interest in an entity that is engaged in a non-insurance trade or business and that would otherwise be treated as a partnership or disregarded entity for purposes of this chapter is owned, directly or indirectly, by an insurance company described in sections 20 to 29E, inclusive, the net income that passes through to that insurance company with respect to the non-insurance trade or business shall be taxed to the partnership or disregarded entity as if the partnership or disregarded entity were a corporation subject to tax under this chapter.

(b) A partnership or disregarded entity, described in subsection (a), shall file a return in the manner of a business corporation under the applicable section of this chapter with respect to the non-insurance income and activities of such partnership or disregarded entity, and shall pay the associated excise, taking into account only the portion of such net income that would otherwise pass through to an insurance company described in sections 20 to 29E, inclusive. To the extent applicable, income that is taxable to the partnership or disregarded entity under this section, and any related tax attributes and activities, shall be included and taken into account in a combined report filed under section 32B.

(c) As used in this section, the term "partnership or disregarded entity" shall include a real estate investment trust, in this subsection called a REIT, within the meaning of Section 856 of the Internal Revenue Code of 1986, as amended. In any case in which this section applies to the ownership of a REIT, the dividends paid deduction to which the REIT is entitled under the Code, to the extent attributable to the income taxed under this section, shall not be recognized.

(d) The commissioner may issue regulations or other guidance to implement this section.”

“SECTION___. Section 1 of chapter 64G of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after paragraph (b) thereof the following paragraph:-

(b1/2) "Doing business in the commonwealth", ownership or operation of a bed and breakfast establishment, hotel, lodging house or motel that is located in the commonwealth, maintenance otherwise of a place of business in the commonwealth, the presence of an employee in the commonwealth on more than a de minimis basis, solicitation in the commonwealth of orders for transfer of occupancy of accommodations located in the commonwealth, solicitation in the commonwealth by a reseller of a contract or other cooperative arrangement with an operator with respect to accommodations located in the commonwealth, inspection in the commonwealth of accommodations that may be the subject of a cooperative arrangement between an operator and a reseller, or other exploitation of the market for accommodations or resale of accommodations located in the commonwealth by any means whatsoever, including, but not limited to, salesmen, solicitors or representatives in the commonwealth, whether those salesmen, solicitors or representatives are employed by the operator or reseller, by a person affiliated with the operator or the reseller by common ownership, or by any other party. This definition is intended to extend the jurisdiction of the commonwealth over operators and resellers to the full extent authorized by the Constitution and the laws of the United States.

SECTION_____. Said section 1 of said chapter 64G, as so appearing, is hereby further amended by inserting after the word "operator", in line 49, the following words:- or the room reseller.

SECTION____ . Said section 1 of said chapter 64G, as so appearing, is hereby further amended by adding the following paragraphs:-

(k) "Room reseller" or "Reseller", any person having any right, permission, license, or other authority from or through an operator to reserve or arrange transfer of occupancy of accommodations the transfer of which is subject to this chapter, such that the occupant pays all or a portion of the rent to the reseller. The term "Room Reseller" or "Reseller" includes, but is not limited to, sellers of travel packages as defined in this chapter.

(l) "Travel package," a room or rooms bundled with 1 or more separate components such as air transportation, car rental or similar items and charged to the customer or occupant for a single retail price.

SECTION___. Said chapter 64G is hereby further amended by striking out section 3 and inserting in place thereof the following section:

Section 3. An excise is hereby imposed upon the transfer of occupancy of any room or rooms in a bed and breakfast establishment, hotel, lodging house, or motel in this commonwealth by any operator or room reseller doing business in the commonwealth at the rate of 5 per cent of the total amount of rent for each occupancy. No excise shall be imposed if the total amount of rent paid by the occupant is less than $15 per day or its equivalent. The operator or room reseller shall pay the excise to the commissioner at the time provided for filing the return required by section 16 of chapter 62C.

The value of the transfer of any room or rooms bundled as part of a travel package may be determined from the room reseller's books and records that are kept in the regular course of business including, but not limited to, non-tax purposes.

SECTION____ . The first paragraph of section 3A of said chapter 64G, as appearing in the 2010 Official Edition, is hereby amended by striking out the first, second and third sentences and inserting in place thereof the following 3 sentences:- A city or town that accepts this section may impose a local excise tax upon the transfer of occupancy of any room or rooms in a bed and breakfast establishment, hotel, lodging house or motel located within the city or town by any operator or room reseller at a rate up to, but not exceeding, 6 per cent of the total amount of rent paid by the occupant for the occupancy, but the city of Boston may impose a local excise upon the transfer of occupancy of any room in a bed and breakfast establishment, hotel, lodging house or motel located within the city by any operator or room reseller at the rate of up to but not exceeding 6.5 per cent of the total amount of rent paid by the occupant for the occupancy. No excise shall be imposed if the total amount of rent paid by the occupant is less than $15 per day or its equivalent or if the accommodation is exempt under section 2. The operator or room reseller shall pay the local excise tax imposed under this section to the commissioner at the same time and in the same manner as the excise tax due the commonwealth.

SECTION ____.Said chapter 64G is hereby further amended by striking out sections 4 to 6, as appearing in the 2010 Official Edition, and inserting in place thereof the following 4 sections:

Section 3B. Notwithstanding any other provision of this chapter, in cases in which occupancy is transferred through the use of a room reseller, the application of the excise shall be as follows: If the room reseller is required to register under section 6 to collect the excise, the room reseller shall collect and pay to the commissioner the excise upon the amount of rent paid by the occupant to the room reseller, less the amount of rent that the reseller has paid to the operator. Whether or not the room reseller is so registered, the operator shall collect and pay to the commissioner the excise upon the amount of rent paid to the operator by the reseller or the occupant.

No assessment shall be made against an operator on the basis of an incorrect remittance of the excise under this chapter by an unaffiliated room reseller and no assessment shall be made against a room reseller on the basis of an incorrect remittance of the excise under this chapter by an unaffiliated operator.

Section 4. Reimbursement for the excise imposed under sections 3 and 3A shall be paid by the occupant or the room reseller to the operator and by the occupant to the room reseller, as the case may be, and each operator and room reseller doing business in the commonwealth shall add to the rent and shall collect from the occupant or the room reseller the full amount of the excise imposed, in accordance with sections 3 and 3A, and that excise shall be a debt to the operator or room reseller, when so added to the rent, and shall be recoverable at law in the same manner as other debts.

Section 5. The amount of the excise collected by the operator or the room reseller under this chapter shall be stated and charged separately from the rent and shown separately on any record thereof at the time the transfer of occupancy is made, or on any evidence of the transfer issued or used by the operator or the room reseller. A room reseller shall not be required to disclose to the occupant the amount of tax charged by the operator. The reseller shall represent to the occupant that the separately stated taxes charged by the reseller include taxes charged by the operator.

Section 6. No person shall operate a bed and breakfast establishment, hotel, lodging house or motel in this commonwealth, or do business as a room reseller in the commonwealth, unless a certificate of registration has been issued to that person in accordance with section 67 of chapter 62C.

SECTION____ . Section 7A of said chapter 64G, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word "operator", in line 1 and in line 7, the following words: or room reseller .

SECTION ____. Said chapter 64G is hereby further amended by striking out section 7B and inserting in place thereof the following section:

Section 7B. Every operator or room reseller who fails to pay to the commissioner any sums required to be paid by this chapter shall be personally and individually liable for those amounts to the commonwealth. The terms "operator" and "room reseller", as used in this section, include an officer or employee of a corporation, or a member or employee of a partnership, who as an officer, employee or member is under a duty to pay over the taxes imposed by this chapter.

SECTION____ . Section 12 of said chapter 64G, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word "operator", in line 5, the following words: and each room reseller.

SECTION ____. For purposes of the convention center surcharge imposed by section 9 of chapter 152 of the acts of 1997, as amended, the term "operator" shall mean "operator or room reseller."”

SECTION___.Any revenues generated by Sections____ to ____ of this act shall be paid into the Commonwealth Transportation Fund to be used for the debt serviceof capital expansion projects.

ADOPTED
Clerk #22

Reporting of RTA ridership data

Messrs. Finegold and Michael Mooremoves to amend the bill (Senate, No. 1766) by inserting, after section 13, the following section:-

“SECTION 13A. Section 3B of said chapter 29, as amended by section 112 of the acts of 2012, is hereby further amended by inserting after the words “equivalent employees for the subsequent fiscal year” the following:- “; and (3) a statement detailing each authority’s ridership data and cost per ride for each service.”; and by inserting, at the end thereof, the following:- “These statements shall also be posted on the Massachusetts Department of Transportation’s website.”

Rejected
Roll Call #21 [5 YEAS - 27 NAYS]
Clerk #23

Decoupling Gas Tax Hike from Indexing

Senator Hedlund moves that Senate Bill 1766 be amended by striking Section 29 in its entirety.

Rejected
Roll Call #22 [1 YEAS - 31 NAYS]
Clerk #24

Legalizing Fireworks

Senator Hedlund moves that Senate Bill 1766 be amended by inserting at the end thereof the following new section:-

SECTION 1. Chapter 90 of the General Laws is hereby amended by inserting after section 2BBBB the following section:-

Section 2CCCC. There shall be established and set upon the books of the commonwealth a separate fund to be known as the State Fire Marshal Fireworks Fund, hereinafter referred to as “the fund”. All monies credited to such fund generated from fees, fines, leases, gifts, grants, interest earned on any monies within this fund or any other revenue sources. The fee for a firework permit shall not exceed $25 as set forth in paragraph (b) of section 60 of chapter l48. Revenues credited to the fund shall be used, not subject to appropriation, for operating costs, capital improvements, equipment and maintenance, including the costs of personnel, but no expenditure shall be made from the fund that shall cause the fund to be in deficit at the close of a fiscal year.

SECTION 2. Chapter 148 of the General Laws is hereby amended by striking out section 39, as appearing in the 2008 Official Edition, and inserting in place thereof the following section:-

Section 39. No person shall use, or explode, or cause to explode, any combustible or explosive composition or substance, or any combination of such compositions or substances, or any other article, which was prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation.

For the purposes of this section the word “fireworks” shall include materials classified as 1.4G in the U.S. Department of Transportation’s Hazardous Materials Table and shall also include blank cartridges or toy cannons in which explosives are used, the type of toy balloon which requires fire underneath to propel the same, or any tablets or other device containing any explosive substance.

Whoever shall use any fireworks in violation of this section shall be punished by a fine of five hundred dollars for a first offense and one thousand dollars for each subsequent offense. Any officer qualified to serve criminal process shall seize all of the fireworks mentioned herein without a warrant, and the fireworks seized shall, upon conviction of such violation, be forfeited to the commonwealth.

Notice of such seizure of the fireworks shall immediately be sent to the marshal by the officer making the seizure, and the fireworks seized shall be held and securely stored by that department until the marshal or his authorized representative takes them into his possession for disposal.

The term “fireworks” as used herein shall not include toy pistols, toy canes, toy guns or other devices in which paper caps or plastic caps containing twenty-five hundredths grains or less of explosive compound are used, if they are so constructed that the hand cannot come in contact with the cap when in place for the explosion, or toy pistol paper caps or plastic caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times; and provided, further, that this section shall not apply (1) to the sale of any fireworks to be shipped directly out of the commonwealth, or (2) to the sale of any such article for the use of, and its use by, persons having obtained a permit for a supervised display of such fireworks from the marshal or some officer designated by him therefore, under any provision of section thirty-nine A, or (3) to the sale of flares, lanterns or fireworks for the use of, and their use by, railroads, railways, boats, motor vehicles or other transportation agencies, or other activity, lawfully permitted or required to use any or all of such articles for signal purposes, illumination or otherwise, or (4) to the sale or use of blank cartridges for a duly licensed show or theatre or for signal or ceremonial purposes in athletics or sports, or to the sale of special blank cartridges and their use in the proper operation of industrial tools and equipment only, or (5) to experiments at a factory for explosives, or (6) to the sale of blank cartridges for the use of, or their use by, the militia or any organization of war veterans or other organizations authorized by law to parade in public, a color guard armed with firearms, or (7) in teaching the use of firearms by experts, or (8) to the sale of shells for firearms, cartridges, gunpowder, and for the purpose of using, and their use, or in connection with the hunting of game or in target practice with firearms, or (9) to farmers and fruit growers who, having obtained a permit under section thirteen of chapter forty-eight, use firecrackers for the control of damage to their crops by birds.

Said chapter 148 is hereby further amended by adding the following section:-

Section 60. (a) A city or town may accept the provisions of this section pursuant to section 4 of chapter 4.

(b) The legislative body of a city or town, upon application in writing, on forms provided by the division as defined in section 39, may authorize the head of a fire department of a city or town to grant a permit for the use of fireworks otherwise prohibited by the general laws within the city or town for display by individuals approved by the city or town; provided, however that no permit shall be required for the display of either sparklers under 3 feet in length or novelty poppers. The permits shall be on forms provided by the division. After a permit has been granted, use of fireworks for the purposes described in the permit only may be made. A permit granted under this subsection is not transferable and shall not be issued to a person under the age of 18 years. The fee for such permit shall not exceed $25 which shall be credited to the State Fire Marshal Fireworks Fund, established by section 2CCCC of chapter 90. Also, the state fire marshal may direct municipal fire departments to include safety materials, developed and provided by the division, to everyone who receives such a permit.

(c) The legislative body of a city or town, upon application in writing, may grant a sales license, on forms provided by the division, to a resident wholesale dealer or retailer to have in his possession within the city or town fireworks otherwise prohibited by this chapter, for sale only to people 18 years of age or older. A license granted under this subsection is not transferable, nor shall a license be issued to a person under the age of 18 years.

The storage of fireworks at the site of a wholesaler, dealer, or retailer who has goods on hand for sale to the public in a supervised display area, shall be as follows: (1) in a 1 story, noncombustible building without a basement, which building is weather resistant, well ventilated, and equipped with a strong door kept securely locked except when open for business; and (2) the location of the storage building shall be approved by the department.

(d) If a municipality grants a fireworks sales license as described in this section, which allows an entity to sell fireworks within the municipality, the municipality must authorize the head of its fire department to grant permits for the use of fireworks within the municipality as described in this section. Also, if a municipality authorizes its fire department to grant such fireworks use permits, then the municipality must also have in place the procedure for licensing fireworks sales, using the forms provided by the division, as described in this section.

(e) The state fire marshal shall promulgate rules and regulations to implement the purposes of this section. Such regulations shall include the storage requirements for licensed sellers.

(f) Whoever shall have in his possession or under his control, or whoever shall use or explode or cause to explode any fireworks in violation of this section shall be punished by a fine of five hundred dollars for a first offense and one thousand dollars for each subsequent offense. Any officer qualified to serve criminal process shall seize all of the fireworks mentioned herein without a warrant, and the fireworks seized shall, upon conviction of such violation, be forfeited to the commonwealth.

Notice of such seizure of the fireworks shall immediately be sent to the state fire marshal by the officer making the seizure, and the fireworks seized shall be held and securely stored by that department until the fire marshal or his authorized representative takes them into his possession for disposal.

(g)The money collected from fines assessed for violations of this section will go to the fund.

(h) For the purposes of this section, “fireworks” shall be defined as the materials classified as 1.4G in the U.S. Department of Transportation’s Hazardous Materials Table.

Rejected
Clerk #25

Commuter Rail Contract Procurement

Mr. Hedlund moves to amend the bill, Senate Bill 1766, by inserting, at the end thereof, the following new sections:-

SECTION XX: The MBTA shall immediately discontinue the current procurement process for a new contract to operate commuter rail services and shall begin a new procurement process no later than June 1, 2013. As part of the new procurement process, the MBTA must issue a Request for Proposals that includes all information related to MBTA and Massachusetts Bay Commuter Rail employee contracts, salaries, pensions, payscale, employee benefits and overtime policies.

ADOPTED
Clerk #26

Commuter Rail Survey

Mr. Hedlund moves to amend the bill, Senate Bill 1766, by inserting, at the end thereof, the following new section:-

SECTION XX: The MBTA shall conduct a survey of the 23 companies that submitted statements of interest to the current request for proposals to operate the commuter rail but did not submit a proposal to ascertain why they opted out of the bidding process.

Rejected
Clerk #27

Preventing Abuse and Increasing Transparency and Accountability within the MBTA

Ms. Donoghue and Mr. Michael Moore moves to amend the bill (Senate, No. 1766) in Section 53, in subsection (b) by adding the following sentence:- “The preliminary and final reports of savings shall be posted on the authority’s website.”; and by inserting, after section 41 the following 2 sections:-

“SECTION 41A. Section 23 of chapter 161A of the General Laws, as so appearing, is hereby amended by adding the following sentence:- The audit shall be posted on the authority’s website.

SECTION 41B. Said chapter 161A is hereby amended by adding the following 2 sections:-

Section 50. The authority shall, at least twice per year, prepare and clearly and conspicuously make available for public inspection on its website a comparison of projected versus actual revenues and expenses as well as the status of its capital projects and costs including an actual utilization of planned or projected levels for each capital project.

Section 51. The authority shall, clearly and conspicuously, place a notice of how to report fraud, abuse and waste in all authority offices, in all offices of authority contractors and on the authority’s website. All such notices shall include the inspector general’s website and hotline telephone number and the state auditor’s website and hotline telephone number.”.

Rejected
Clerk #28

Increase Penalties for Illegal Cigarette Sales

Ms. Chandle, Ms. Creem and Mr. Michael Moore moves to amend the bill, (Senate, No.1776) by inserting after SECTION___, the following new sections:-

SECTION___: Section 2E (a) of Chapter 64C of the General Laws is hereby amended by striking in line 4 the number “10,000’ and inserting in place thereof the number “20,000”

And further amended by striking in line 5 the number “25,000’ and inserting in place thereof the number “50,000”

And further amended by striking in line 8 the number “500’ and inserting in place thereof the number “1,000”

And further amended by striking in line 9 the number “2,000’ and inserting in place thereof the number “4,000”

And further amended by striking in line 12 the number “1,000’ and inserting in place thereof the number “2,000”

And further amended by striking in line 13 the number “5,000’ and inserting in place thereof the number “10,000”

And further amended by striking in line 20 the number “10,000’ and inserting in place thereof the number “20,000”

And further amended by striking in line 21 the number “25,000’ and inserting in place thereof the number “50,000”

And further amended by striking in line 23 the number “1,000” and inserting in place thereof the number “2,000”

And further amended by striking in line 24 the number “5,000’ and inserting in place thereof the number “10,000”

SECTION___: Section 7B l(1) of Chapter 64C of the General Laws is hereby amended by striking in line 115 the number “5,000’ and inserting in place thereof the number “10,000”

And further amended by striking in line 116 the number “25,000’ and inserting in place thereof the number “50,000”

And further amended by striking in line 129 the number “5,000’ and inserting in place thereof the number “10,000”

And further amended by striking in line 130 the number “25,000’ and inserting in place thereof the number “50,000”

Section 7B l (2) is amended by striking in line 143 the number “5,000’ and inserting in place thereof the number “10,000”

And further amended by striking in line 143 the number “25,000’ and inserting in place thereof the number “50,000”

Section 7B l (3) is amended by striking in line 149 the number “5,000’ and inserting in place thereof the number “10,000”

And further amended by striking in line 149 the number “25,000” and inserting in place thereof the number “50,000”

SECTION___: Section 14 (a) of Chapter 64C of the General Laws is hereby amended by striking in line 8 the words “five hundred” and inserting in place thereof the words “one thousand”

SECTION___: Section 33A of Chapter 64C of the General Laws is hereby amended by striking in line 6 the number “5,000” and inserting in place thereof the number “10,000”

SECTION___: Section 34 of Chapter 64C of the General Laws is hereby amended by striking in line 7 the word “five’ and inserting in place thereof the word “ten”

And further amended by striking in line 8 the word “five’ and inserting in place thereof the word “ten”

And further amended by striking in line 10 the word “one’ and inserting in place thereof the word “two”

And further amended by striking in line 11 the words “one year’ and inserting in place thereof the words “two years”

And further amended by striking in line 34 the number “5,000’ and inserting in place thereof the number “10,000”

SECTION___: Section 35 of Chapter 64C of the General Laws is hereby amended by striking in line 4 the words “five” and inserting in place thereof the word “ten”

And further amended by striking in line 5 the word “five’ and inserting in place thereof the word “ten”

And further amended by striking in line 7 the word “one” and inserting in place thereof the word “two”

And further amended by striking in line 8 the words “one year” and inserting in place thereof the words “two years”

And further amended by striking in line 24 the number “5,000’ and inserting in place thereof the number “10,000”

SECTION___:Section 37 of Chapter 64 C is hereby amended by striking in line 9 the word “two” and inserting in place thereof the word “four’

And further amended by striking in line 10 the word “five “and inserting in place thereof the word “ten”

And further amended by striking in line 26 the word “two” and inserting in place thereof the word “four’

And further amended by striking in line 27 the word “five “and inserting in place thereof the word “ten’

SECTION___: Section 38 of Chapter 64 C is hereby amended by striking in line 4 the word “two” and inserting in place thereof the word “four’

And further amended by striking in line 5 the word “five “and inserting in place thereof the word “ten”

SECTION___: Section 5 (a) of Chapter 94F is hereby amended by striking in line 6 the number “1,000” ” and inserting in place thereof the number “2,000”

And further amended by striking in line 7 the words “1 year“and inserting in place thereof the word “two years”

Section 5 (b) of Chapter 94F is hereby amended by striking in line 16 the number “500” ” and inserting in place thereof the number “1,000”

And further amended by striking in line 17 the number “5,000” “and inserting in place thereof the number “10,000”.

Rejected
Clerk #29

HOV lane toll collection option

Mr. Finegold and Ms. Donoghue moves to amend the bill (Senate, No. 1766) by inserting, after section 58, the following section:-

“SECTION 58A. The Massachusetts Department of Transportation shall implement a program whereby vehicles that do not meet the occupancy criteria of high occupancy vehicle lanes may pay a toll to access said lanes on interstate highway route 93. Any revenue collected from said tolls shall be used to improve or expand commuter rail service on the interstate highway route 93 corridor, including the Haverhill/Reading and Braintree commuter rail lines.”

ADOPTED
Roll Call #25 [20 YEAS - 12 NAYS]
REDRAFT Clerk #30

Naming Rights for MBTA Stations and privatization of advertising

Messrs. Montigny, Pacheco and Joyce moves to amend the bill (Senate, No.1766) by inserting after section 53 the following section:-

“SECTION 53A. (a)Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authorityshall, not later than January 1, 2014,issue a request for proposals to sell, license or rent naming or sponsorship rights for all subway, bus or commuter rail stations or other assets operated and owned by the authority. A request for proposals shall be for a specified term, renewable at the sole discretion of the authority.

(b) The secretary of transportation shall direct all revenues generated by the Massachusetts Bay Transportation Authority under this sectionto be used on mass transit capital expansion projects.”

Rejected
Clerk #31

MassDOT Surplus Land

Mr. Ross moves to amend the bill by adding the following section:-

SECTION XX. Notwithstanding any general or special law to the contrary, the secretary of the Massachusetts Department of Transportation, in consultation with the commissioner of the division of capital asset management, shall, as required by section 182 of chapter 68 of the acts of 2011, submit a report and establish a plan for the sale or lease of real property under the ownership, possession and control of the Massachusetts Department of Transportation, including, but not limited to, any land or buildings previously owned by the Massachusetts turnpike authority, and determine whether such assets are surplus to the operation of the Massachusetts Department of Transportation, as defined by section 1 of chapter 6C of the General Laws.

(a) If land or property is deemed to be surplus to the operation of the Massachusetts Department of Transportation, the department shall formulate a plan to ensure that the surplus land is sold or leased within a 5 year period. The department shall submit the report to the executive office for administration and finance and the house and senate committees on ways and means on or before January 1, 2014.

ADOPTED
Clerk #32

Further requirements for classification of capital expenditure compliance.

Mr. Ross of moves to amend the bill in subsection (b) of section 54, by inserting after the word “2013” the first time it appears, the following words:- “, specifying individually each employee’s salary, job classification and department;”

And by inserting after the word “employees” the second time it appears, the following words:- “, specifying individually each employee’s salary, job classification and department;”

And by inserting after the word “employees” the third time it appears, the following words:- “, specifying individually each employee’s salary, job classification and department;”

ADOPTED
Roll Call #23 [33 YEAS - 0 NAYS]
Clerk #33

Transparency for Board Meetings

Messrs. Ross and Montigny moves to amend the bill by inserting in subsection (e) of section 7 after the word “business” the following words:- to be posted on the department’s website no later than 5 days following each meeting.

Clerk #34

WITHDRAWN

Rejected
Clerk #35

Gas Tax District

Mr. Ross moves to amend the bill after section 28 by inserting the following new section:-

SECTION XX. Section 13 of chapter 64A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting in line 11, after the word “purposes”, the following words:- ; provided, however, that no less than seventy per cent of such sums shall be expended for capital projects and improvements and related costs located within the highway district where such sums were collected. Such sums shall be used for such capital projects and improvements and related costs in the highway district under the supervision of the district highway director of each district office.

Rejected
Roll Call #31 [5 YEAS - 28 NAYS]
Clerk #36

Municipal Gas Tax Exemption

Mr. Ross moves to amend the bill by inserting the following new section:-

SECTION XX. Chapter 64A is hereby amended by inserting after section 7A the following section:-

Section 7B. Any municipality of the commonwealth that buys any fuel on which an excise tax has been paid under chapter 64A and, which fuel has been purchased for its municipal consumption and use, shall be reimbursed the amount of such excise tax paid in the manner and subject to the conditions herein provided. All claims for reimbursement shall be filed with the commissioner of revenue and shall be made in such form and containing such information, and accompanied with supporting documentation, as the commissioner of revenue shall prescribe. The commissioner of revenue shall establish a quarterly calendar year schedule for the submission of claims by municipalities for reimbursement of such paid fuel excise taxes. No reimbursement for such excise tax paid shall be made for any claim submitted after 6 months from the date of the purchase of such fuel. The commissioner of revenue shall transmit all claims approved by him to the comptroller for certification, and the amount so approved and certified as aforesaid shall be paid forthwith from the proceeds of the excise tax levied under this chapter 64A, without specific appropriation. No claim for reimbursement for said excise tax shall be made by a municipality under sections 7 and 7A of chapter 64A, for fuel purchased during said period, to which a municipality is entitled to claim a reimbursement under this section.

SECTION 2. Section 13 of Chapter 64A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the words "seven and seven A" in line 3, and inserting in place thereof, the following words:- "seven, seven A and seven B".

Rejected
Clerk #37

Municipal Road Construction

Mr. Ross moves to amend the bill by inserting the following new section:-

SECTION XX. Section 3 of Chapter 6C of the General Laws, as so appearing, is hereby amended by inserting after subsection 48 the following new subsection:-

(49) Notwithstanding any general or special law to the contrary, in order to promulgate efficiency and cost-savings, the department shall not, whether, as a condition of state funding or otherwise, require any city or town to construct or reconstruct any public way with a design speed that exceeds the posted speed that shall be assigned to that public way by the city or town upon completion of construction or reconstruction.

Rejected
Clerk #38

Tax Bill Check-Off for Municipal Road Construction

Mr. Ross moves to amend the bill by inserting the following new section:-

SECTION XX. Section 57C of said chapter 59, as so appearing, is hereby amended by inserting after the twelfth paragraph the following paragraph:-

Notwithstanding any general or special law to the contrary, a city or town may design and designate a place on its municipal real estate tax bills whereby taxpayers of the city or town may voluntarily check off, donate and pledge an amount not less than $1, or such other designated amount which shall increase the amount otherwise due, and to establish a city or town economic aid fund for the purpose of maintaining municipal roads and bridges. (b) Amounts donated to the economic aid fund shall be deposited into a special account in the general treasury of the city or town and shall be in the custody of the treasurer. The treasurer shall invest the funds at the direction of the officer, board, commission, committee or other agency of the city or town who, or which, is otherwise authorized and required to invest trust funds of the city or town and subject to the same limitations applicable to trust fund investments, except as otherwise specified herein. The fund, together with the interest earned thereon, shall be used for the purpose specified in this section without further appropriation. (c) In a city or town having an economic aid fund, there shall be a taxation aid committee to consist of the chairman of the board of assessors, the city or town treasurer and 3 residents of the city or town to be appointed by the mayor or board of selectmen as the case may be. The board shall adopt rules and regulations to carry out this section and to identify the recipients of the aid.

ADOPTED
Clerk #39

Western Tolls

Mr. Rosenberg moves to amend the bill (S.1766) by inserting the following new sections:-

SECTION __. Subsection (a) of section 13 of said Chapter 6C, as so appearing, is hereby amended by inserting at the end thereof the following sentence:-
The department shall devise and implement a fair and reasonable fee structure to charge and collect tolls for transit over the turnpike between Interchange 1 in West Stockbridge and Interchange 6 in Springfield/I-291, inclusive, provided that, notwithstanding any general or special law to the contrary, such revenues shall be applied exclusively to road, rail, and transit projects and related costs in Hampshire, Hampden, Franklin, and Berkshire counties.

SECTION __. Within 90 days of passage of this act the department shall provide to the joint committee on transportation and the joint committee on ways and means a plan to implement a proposed fee structure for collecting tolls for transit over the turnpike between Interchange 1 in West Stockbridge and Interchange 6 in Springfield/I-291, inclusive, which shall include, but not be limited to, the proposed fees, assumptions used to set the fees, and a timeline to implement collection of fees.

Rejected
Clerk #40

Smokeless Enforcement

Ms. Chandler moves to amend the bill, (Senate, No. 1766) by inserting after SECTION___, the following new sections:

SECTION___: Section 1 of Chapter 94F is hereby amended by adding the following definitions:

“Contraband”, such units of smokeless tobacco sold, purchased, transported, imported, received, or possessed and (i) upon which any required tax has not been paid, (ii) has been imported in violation of federal, state or local law, (iii) the packaging of which has been altered so as to remove, conceal or obscure any statement, label, sticker, or notice or any health warning in violation of federal, state or local law.

“Smokeless Tobacco”, snuff, snuff flour and any other tobacco or tobacco product prepared in such manner as to be suitable for chewing, including, but not limited to Cavendish, plug, twist and fine-cut tobaccos.

“Unit of smokeless tobacco”, a single container to be purchased by the consumer.

SECTION___: Chapter 94F is hereby further amended by adding the following new sections:

Section 5A. Smokeless Tobacco; Possession without license; Penalties.

Any person, except as otherwise provided by law, who sells, purchases, transports, imports, receives, or possesses smokeless tobacco upon which tax has not been paid shall be required to pay any tax owed pursuant Massachusetts law. In addition, such person shall be required to pay a civil penalty of (i) $2.50 per unit of smokeless tobacco, up to $500, for the first violation by a legal entity within a 36-month period; (ii) $5 per unit of smokeless tobacco, up to $1,000, for the second violation by the legal entity within a 36-month period; and (iii) $10 per unit of smokeless tobacco, up to $2,000, for the third and any subsequent violation by the legal entity within a 36-month period, to be assessed and collected by the commissioner as other taxes are collected. In addition, where willful intent exists to defraud the Commonwealth of any tax levied on smokeless tobacco pursuant to Massachusetts law, such person shall be required to pay a civil penalty of $25 per unit of smokeless tobacco, up to $25,000.

B. It shall be unlawful for any person, except as otherwise provided by law, to sell, purchase, transport, import, receive or possess fewer than 500 units of smokeless tobacco unless the tax on those units has been paid. Any person violating the provisions of this subsection shall be guilty of a misdemeanor.

C. It shall be unlawful for any person, except as otherwise provided by law, to sell, purchase, transport, import, receive or possess 500 or more units of smokeless tobacco unless the tax on those units has been paid. Any person violating the provisions of this subsection shall be guilty of a felony

D. If a person who (i) has not been issued a license, as provided in Section two of Chapter sixty-four C or (ii) is not a retail dealer who has lawfully purchased smokeless tobacco from such license holder has in his possession within the Commonwealth more than 25 units smokeless tobacco upon which no tax has been paid, such possession shall be presumed to be for the purpose of evading the payment of the taxes due thereon.

E. Any person other than an authorized holder who possesses, with intent to distribute, more than 25, but fewer than 500, units of tax-paid smokeless tobacco is guilty of a misdemeanor for a first offense and is guilty of a felony for any second or subsequent offense.

F. Any person other than an authorized holder who possesses, with intent to distribute, more than 500, units of tax-paid smokeless tobacco is guilty of a felony.

G. Additionally, any person who violates the provisions of this section shall be assessed a civil penalty of (i) $2.50 per unit, but no more than $5,000, for a first offense; (ii) $5 per unit, but no more than $10,000, for a second such offense committed within a 36-month period; and (iii) $10 per unit, but no more than $20,000, for a third or subsequent such offense committed within a 36-month period. The civil penalties shall be assessed and collected by the commissioner as other taxes are collected.

Section 5B. Illegal distribution of smokeless tobacco.

It shall be unlawful for any person to: Sell or distribute in the Commonwealth of Massachusetts, acquire, hold, own possess, or transport, for sale or distribution in the Commonwealth, or import, or cause to be imported, into the Commonwealth for sale or distribution in the Commonwealth any smokeless tobacco, (i) the packages of which bear any statement, label, sticker, or notice indicating that the manufacturer did not intend the smokeless tobacco to be sold, distributed, or used in the United States, including but not limited to labels stating “For Export Only,” “U.S. Tax-Exempt,” “For Use Outside U.S.,” or similar wording; (ii) the packages of which do not comply with all requirements imposed by or pursuant to federal law regarding warnings and any other information on packages manufactured, packaged, or imported for sale, distribution, or use in the United States or all federal trademark and copyright laws; (iii) imported into the United States in violation of any federal law or regulation; or (iv) that such person otherwise knows or has reason to know the manufacturer did not intend to be sold, distributed, or used in the United States.

Alter any package of any smokeless tobacco, prior to sale or distribution to the ultimate consumer, so as to remove, conceal or obscure (i) any statement, label, sticker, or notice described in clause (i) of the foregoing paragraph or (ii) any health warning that is not specified in, or does not conform with the requirements of federal law.

The commissioner may impose a civil penalty in an amount not to exceed the greater of 500 percent of the retail value of the smokeless tobacco involved or $5,000 upon finding a violation of this provision and may assess the tax due and any interest upon the product acquired, possessed, sold, or offered for sale in violation of this provision.

Any person who commits any of the acts prohibited by this section, either knowingly or having reason to know he is doing so shall be guilty of a felony.

In addition to any other remedy provided by law, any person may bring an action for appropriate injunctive or other equitable relief for a violation of this provision, for actual damages, if any, sustained by reason of the violation, and as determined by the court, interest on the damages from the date of the complaint, and taxable costs. If the court finds that the violation was willful, it may increase damages to an amount not exceeding three times the actual damages sustained by reason of the violation.

For the purpose of enforcing this provision, the commissioner may request or share information with any federal, state or local agency, including any agency of another state or local agency thereof.

Section 5C. Forfeiture of Contraband Smokeless Tobacco. Contraband smokeless tobacco possessed in violation of Sections five A and B of this Chapter ninety-four F shall be subject to seizure, forfeiture, and destruction by the commissioner or any law-enforcement officer of the Commonwealth. All fixtures, equipment, materials, and personal property used in substantial connection with the sale or possession of smokeless tobacco in a knowing and intentional violation of Sections five A and B of this Chapter ninety-four F shall be subject to seizure and forfeiture as provided in sections fifty to fifty-five, inclusive, of chapter one hundred and thirty-eight in the case of alcoholic beverages.

Rejected
Roll Call #35 [ YEAS - NAYS]
Clerk #41

Transportation Finance Reform

Messrs. Tarr, Hedlund, Knapik and Ross move to amend the bill (Senate, No. 1766) by striking all after the enacting clause and inserting in place thereof the following new text:-

SECTION 1. Subsection (e) of section 9 of chapter 6C of the General Laws, as appearing in the 2010 Official Edition, and as amended by section 1 of chapter 132 of the acts of 2012, is hereby amended by adding the following sentence:-

The secretary shall make the report, and all such reports from previous years, available on the department’s website.

SECTION 2. Section 10 of said chapter 6C, as so appearing, is hereby amended by adding the following paragraph:-

The office of transportation planning shall work in collaboration with the public-private infrastructure oversight commission and provide the oversight commission information and updates on research, surveys, studies, and future transportation projects.

SECTION 3. Section 11 of said chapter 6C of the General Laws, as so appearing, is hereby amended by inserting after the word “finance,”, in lines 17-18, the following words:-

the public-private infrastructure oversight commission,

SECTION 4. Said section 11 of said chapter 6C of the General Laws, as so appearing, is hereby further amended by adding the following paragraph:-

The long range transportation plan shall prioritize each project identified in the transportation plan, separated by mode of transportation, and provide a detailed fiscal analysis of each project, including the projects funding source or sources, yearly operating costs to maintain the project, the projects impact on existing transportation infrastructure, and impact of the project on the goals identified by the department and the office of performance management and innovation, including, but not limited to, reducing the number of structurally deficient bridges, reducing the state of good repair backlog, and increasing customer satisfaction across all modes of transportation.

SECTION 5. Chapter 6C of the General Laws is hereby amended by inserting after section 13 the following section:-

Section 13A. The secretary shall develop and implement a program to allow vehicles with less than 2 occupants access to existing high occupancy vehicle lanes; provided, however that such access may be limited during hours the existing high occupancy vehicle lane operates at or near capacity. Vehicles with less than 2 occupants shall pay a varying automated toll depending on the time of the day; provided, however, that the secretary shall establish regulations to allow motorcycles, buses, and low or zero emission vehicles, hybrid vehicles, or other fuel efficient or environmentally friendly vehicles, as established by regulation, to access the lane without paying a toll.

SECTION 6. Section 16 of said chapter 6C of the general laws, as so appearing, is hereby amended by adding the following sentence:-

Said plan shall be made available on the department’s website.

SECTION 7. Section 28 of said chapter 6C of the General Laws, as so appearing, is hereby amended by inserting after the word “divisions”, in line 33, the following words:-

, including but not limited to revenues from parking fares, financial assistance from cities and towns, sponsorships, naming rights, and advertising.

SECTION 8. Section 30 of said chapter 6C of the General Laws, as so appearing, is hereby amended by striking subsection (c) in its entirety and inserting in place thereof the following subsections:-

(d) The secretary shall

(1) develop, in consultation with the commonwealth development coordinating council, and administer a long-term state-wide transportation database for the commonwealth that includes planning for intermodal and integrated transportation;
(2) develop, based on a public hearing process, procedures to be used for transportation project selection;
(3) establish criteria for project selection to be used in the procedures developed pursuant to clause (2);
(4) create a future project prioritization list, separated by mode of transportation;
(5) include detailed information regarding all construction projects for which the department has expended funds during the preceding 5 fiscal years, which shall include:

(i) the location and street name, including a brief description of the work to be performed;
(ii) all project identifying numbers used within the department or with respect to any federal or state grant or funding program, including without limitation any contract numbers, Transportation Incentive Program numbers, or Transportation Infrastructure Finance and Innovation Act or other federal aid numbers;
(iii) all contractors, engineers, architects, and other service professionals who have performed work on the project;
(iv) all amounts expended, including payee and date of disbursement with respect to each disbursement;
(v) total projected and actual cost;
(vi) projected and actual start and completion dates;
(vii) projected and actual milestone dates and details;
(viii) identification and a brief description of any issues, factors, or other causes that have affected or are anticipated to affect the projected cost and completion date of any project; and
(ix) the names and contact information of the project manager within the department or other department personnel with oversight authority;

(6) compare each project to the metrics established by the by the department’s office of performance management and innovation ;
(7) document the attempts to engage the public-private infrastructure oversight commission on each project; and
(8) make the long-term state-wide transportation database available on the department’s website.

SECTION 9. Section 34 of said chapter 6C of the General Laws, as so appearing, is hereby amended by adding the following paragraphs:-

Any project with a projected cost greater than $1,000,000 shall be submitted to the legislature for final approval.

Final approval on any project contemplated in this section shall not be given until the public-private infrastructure oversight commission, established in section 73, has been given an opportunity to evaluate the project’s suitability to be constructed in the design-build-finance-operate-maintain or design-build-operate-maintain project delivery method.

No project shall be given final approval unless said project is properly identified and explained in the comprehensive state transportation plan under section 11.

SECTION 10. Section 35 of chapter 6C of the General Laws, as so appearing, is hereby amended by adding the following sentence:-

The secretary shall make the report, and all such reports from previous years, available on the department’s website.

SECTION 11. Clause (26) of subsection (b) of section 64 of chapter 6C of the General Laws, as so appearing, is hereby amended by inserting after the figure “149”, in line 85, the following words:-

; provided, however, that in towns where rates have not been established in certain trades and occupations by collective agreements or understandings in the private construction industry between organized labor and employers, the wages paid to mechanics, teamsters, chauffeurs and laborers on public works, the commissioner shall take into consideration the wages paid to the employees in the same trades and occupations by private employers engaged in the construction industry.

SECTION 12. Section 53 of chapter 6C of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following paragraph:-

(c) The division shall be prohibited from extending the geographic service area covered by the division, including but not limited to the addition of new line service through the creation of a new line, extension of a current line or restoration of a line not currently in use, until the legislature approves a plan submitted by the division detailing how the proposed expansion will be funded and certifies that such expansion will not adversely affect existing services and the fare recovery ratio for the expanded service will not be less than the fare recovery ratio for that particular mode of transportation system wide .

SECTION 13. There shall be an independent commission to study and investigate issues related to the laws relating to the use of private contracts to provide for public services. The task force shall investigate and report on the financial impact of the laws regarding privation contracts on Massachusetts state agencies, the process by which private contractors apply to provide government services, the criteria used to evaluate a private sector application, and the overall laws impact on the finances of state government and the private sector. The commission shall consist of the state auditor or a designee, who shall serve as the chair, the inspector general or a designee, and the attorney general or a designee. The commission shall submit a final report of its findings and recommendations, together with drafts of legislation necessary to implement those recommendations, by filing the same with the clerks of the senate and house on or before August 30, 2013.

SECTION 14. Subsection (c) of section 2 of chapter 21J of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking the following sentence:-

The department shall deposit all receipts into the distinct interest bearing account established pursuant to the provisions of section two S of chapter twenty-nine.”, and inserting in place thereof the following sentence:-

The department shall apply all receipts to the underground storage tank petroleum cleanup program and any remaining receipts shall be transferred to the Commonwealth Transportation Fund to be used for transportation-related purpose; and

further by striking subsection (d) of said section 2.

SECTION 15. Chapter 23K of the General Laws, as inserted by section 16 of chapter 194 of the acts of 2011, is hereby amended by inserting after section 20 the following section:-

Section 20A. (a) The commission may issue to any category 1 or category 2 licensee, subject to the provisions of this chapter and any rules or regulations established by the commission, a category 3 internet gambling license.

(b) The commission shall, subject to rules and regulations established by the commission and the pertinent laws governing applicants for a category 1 or 2 license, issue a request for applications for 1 or more category 3 internet gambling license if any category 1 or category 2 licensee shall choose not to seek a category 3 internet gambling license; provided, however, that the commission shall not issue greater than 4 category 3 licenses.

(c) The commission shall prescribe the form of the 4 category 3 gaming licenses, which shall include, but not be limited to, the following license conditions for each licensee, which shall be in addition to applicable requirements provided for by others sections of this chapter. The licensee shall:

(i) pay an initial license of not less than $300,000;
(ii) pay an annual renewal fee for not less than $150,000;
(iii) pay a daily tax of 20 per cent on gross gaming revenues; provided that said daily tax shall be remitted to the commission by a gaming licensee the day following each day of wagering;
(iv) not offer any online game in conflict with the Massachusetts lottery;
(v) limit the games offered, odds, and prizes to those that are offered in a category 1 or category 2 license;
(vi) require all persons be not less than 21 years to place wagers or collect winnings;
(vii) require all persons be physically located within the confines of Massachusetts to place wagers or collect winnings, unless said person is eligible to place wagers and collect winnings pursuant to a legislatively approved reciprocal state agreement provided for in section (d);
(viii) include on every internet screen a prominent display for persons to learn about gaming addiction, problem gaming, how to identify it, and resources to seek help.

(d) The commission may negotiate reciprocal internet gaming agreements with other state governments; provided, however, that no agreement shall be finalized unless approved by a majority of each branch of the general court.

(e) The commission shall deposit all fees and taxes collected pursuant to this section into the General Fund.

SECTION 16. Section 59 of chapter 23K of the General Laws, as inserted by chapter 194 of the acts of 2011, is hereby amended by striking clause (2) and inserting in place thereof the following clause:-

(2) 100 per cent of the revenue received from a category 1 licensee shall be transferred as follows:

(A) 44.5 per cent to the Transportation Infrastructure and Development Fund established in section 62; provided, however that moneys received pursuant to section 55 of chapter 23K shall be transferred to the 2009 Transportation Reform Fund;
(B) 44.5 per cent to the to the Education Fund established in section 64;
(C) 7.5 per cent to the Community Mitigation Fund established in section 61;
(D) 6 per cent to the Public Health Trust Fund established in section 58.

SECTION 17. Chapter 90 of the General Laws is hereby amended by adding the following section:-

SECTION 62. (a)The secretary of transportation, in consultation with the registrar, the director of consumer affairs and business regulation and the secretary of administration, shall conduct an auction or sale for the lease of not more than 300 state taxicab licenses; provided however that not more than 60 state taxicab licenses shall be leased in any year. The annual lease price shall not be greater than $50,000 and the lease payments shall not last beyond 5 years.

(b) The secretary shall promulgate regulations for the implementation, administration and enforcement of this section including, without limitation, regulations that:

          (1) prescribe the method and form of application which an applicant for licensure shall follow and complete before consideration;
            (2) prescribe the information to be furnished by an applicant or licensee;
            (3) require all licensees to operate with drivers licensed by a city or town as provided for by the city or town and chapter 159A;
            (4) require all licensees to treat every licensed driver as an employee under chapter 149;
            (5) require all licensees to maintain a policy of liability insurance that insures the safety of passengers, including but not limited to the amount or limit of at least one hundred thousand dollars on account of injury to or death of any one person, and, subject to the limits as respects injury to or death of one person; at least three hundred thousand dollars on account of any one accident resulting in injury to or death of more than one person;
            (6) allow holders of state taxicab licenses to pick up and drop off passengers in multiple cities or towns in the commonwealth;
            (7) provide for minimum standards of vehicle fuel efficiency and encourage the applications of persons who will place the license in alternative fuel vehicles or hybrid vehicles;
            (7) encourage the applications of minority, women owned, and veteran persons;
            (8) encourage the applications of applicants who will place the license in a vehicle that is equipped with a lift, ramp, or any other device, arrangement or alteration, capable of transporting persons with physical disabilities;
            (9) require state taxicab licensees to pay an annual fee;
            (10) allow for the removal of a state taxicab license from any holder for failure to comply with the laws of the commonwealth and the regulations adopted by the department;
            (11) limit any holder of a state taxicab license to less than 4 state taxicab licenses; provided, however, that a holder may have 4 or more licenses if the department does not receive sufficient competition and deems it in the best interest of the commonwealth for said holder to maintain 4 or more licenses
            (12) address regional priorities and equity in the state taxicab market.

(c) The department shall deposit all moneys received pursuant to this section in the general fund; provided, however, that 10 per cent of moneys received shall be distributed to the city or town of the principal place of business of the state taxicab license, as determined by regulations established by the department.

SECTION 18. Said section 2ZZZ of said chapter 29, as so appearing, is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) In addition to those revenues credited to the fund under subsection (a) there shall be credited to the fund all monies received by the commonwealth from the receipts from sales of motor vehicles under sections 3, 25 and 26 of chapter 64H and all monies received by the commonwealth on the sales price of purchases of motor vehicles under sections 4, 26 and 27 of chapter 64I, from the taxes imposed under said chapters 64H and 64I as excises upon the sale and use at retail of motor vehicles and upon the storage, use or other consumption of motor vehicles, including interest thereon or penalties; provided however, such amount shall not include any portion of the taxes that constitute special receipts within the meaning of subsection (b1/2) of section 10 of chapter 152 of the acts of 1997. The amount credited to the fund under this subsection shall be net of the dedicated sales tax revenue amount transferred to the Massachusetts Bay Transportation Authority State and Local Contribution Fund under section 35T of chapter 10 and to the School Modernization and Reconstruction Trust Fund under section 35BB of chapter 10.

SECTION 19. Section 27 of chapter 149 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:-

The commissioner shall provide information on the department’s website that details the current prevailing wage rates, the methodology by which the rates are determined, and any actions that have been taken within the last 12 months to modify one or more rates. The commissioner shall conduct at least 2 public hearing per year, in different geographic areas, on issues relating to the prevailing wage law, notice of which shall be promulgated as extensively as possible, and specifically provided to the municipalities and other political subdivisions of the commonwealth, and to the extent possible, organizations representing employers engaged in public projects and organizations representing organized labor in the commonwealth.

SECTION 20. Chapter 161A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 3 the following section:-

Section 3A. The department shall expend no funds on the planning, design or construction of a project extending the geographic service area covered by the department, including but not limited to the addition of new line service through the creation of a new line, extension of a current line, or restoration of a line not currently in use, at any time the department or authority improperly classifies greater than 10 per cent of the salaries and benefits of its employees in the department’s capital expenditures, as prohibited by section 15 of chapter 6C.

SECTION 21. Section 10 of said chapter 161A, as so appearing, is hereby amended by inserting after the word “chapter”, in line 4, the following words:- ; provided, however, that notification of any formal communications attempting to secure federal assistance, together with the contents of said communications, are simultaneously transmitted to the house and senate committees on ways and means

SECTION 22. Said section 10 of said chapter 161A, as so appearing, is hereby further amended by inserting at the end thereof the following sentence:- The chairman of the authority shall issue a quarterly report on communications with the federal government in furtherance of this section. Said report shall include, but not be limited to, any actions by the authority committing or proposing to commit the state to provide financial assistance and shall be submitted to the house and senate committees on ways and means.”.

SECTION 23. The first paragraph of Section 20 of Chapter 161A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following sentence:-

The secretary shall make the preliminary and final itemized budget available on the department’s website.

SECTION 24. (a) Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation, in this section called the department, shall generate sufficient revenue to meet the following benchmarks: (1) in fiscal year 2014, the department shall generate 48 per cent of the department’s operating budget; (2) in fiscal year 2015, the department shall generate 49 per cent of the department’s operating budget; (3) in fiscal year 2016, the department shall contribute 51 per cent of the department’s operating budget; (4) in fiscal year 2017, the department shall contribute 53 per cent of the department’s operating budget; and (5) in fiscal year 2018, the department shall contribute 54 per cent of the department’s operating budget. The salary, benefits, or level of compensation of any department employee shall not be increased if the department is not exceeding the benchmarks provided for in this section.

(b) The benchmarks in subsection (a) may be achieved through savings to the department’s operating budget; provided, that the department shall submit a preliminary report of savings to the operating budget by October 1 of each fiscal year and a final report of savings to the operating budget by January 1 of each fiscal year. The preliminary and final savings reports shall be made available on the department’s website and submitted to the clerks of the house and the senate, to the house and senate committees on ways and means and the joint committee on transportation.

(c) The revenue generated to meet the benchmarks in subsection (a) may be derived from: (1) fees collected by the registrar of motor vehicles under section 34 of chapter 90 of the General Laws; (2) funds contributed to the Motor Vehicle Inspection Trust Fund under section 61 of chapter 10; (3) funds contributed to the Massachusetts Transportation Trust Fund under section 4 of chapter 6C; and (4) any other funds directly collected by the department.

SECTION 25. (a) Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority, in this section called the authority, shall generate sufficient revenue to meet the following benchmarks: (1) in fiscal year 2014, the authority shall generate 33 per cent of the authority’s operating budget; (2) in fiscal year 2015, the authority shall contribute 34 per cent of the authority’s operating budget; (3) in fiscal year 2016, the authority shall contribute 35 per cent of the authority’s operating budget; (4) in fiscal year 2017, the authority shall contribute 36per cent of the authority’s operating budget; and (5) in fiscal year 2018, the authority shall contribute 38 per cent of the authority’s operating budget. The salary, benefits, or level of compensation of any Authority employee shall not be increased if the Authority is not exceeding the benchmarks provided for in this section.

(b) The benchmarks in subsection (a) may be achieved through savings to the authority’s operating budget; provided that, the authority shall submit a preliminary report of savings to the operating budget by October 1 of each fiscal year and a final report of savings to the operating budget by January 1 of each fiscal year. The savings reports shall be displayed on the authority’s website and submitted to the house and senate committees on ways and means and the joint committee on transportation.

(c) The revenue generated to meet the benchmarks in subsection (a) may be derived from any funds collected by the authority through fees and fares and any other funds directly collected by the authority; provided, however, such revenue shall not include funds contributed to the Massachusetts Bay Transportation Authority State and Local Contribution Fund under section 35T of chapter 10 of the General Laws.

SECTION 26. (a) The department shall use the revenues generated in this act to comply with the second sentence of section 15 of chapter 6C of the General Laws requiring the salaries and benefits of employees of the department to be classified and funded as operating expenditures. The department shall comply with said section 15 on or before June 30, 2018.

(b) The secretary of transportation, in consultation with the secretary of administration and finance, shall file a report regarding the department’s compliance with the second sentence of said section 15 of said chapter 6C on or before August 1, 2013. The report shall include, but not be limited to: (1) the number of employees with salaries funded by capital expenditures in fiscal year 2013; (2) the total cost of employee salaries charged to capital expenditures in fiscal year 2013; and (3) the number of employees and total cost of employee salaries that the department estimates will be moved from capital expenditures to operating expenditures in fiscal years 2014, 2015 and 2016 and 2017. The report shall be filed with the joint committee on transportation, the house and senate committees on bonding, capital expenditures and state assets and the house and senate committees on ways and means.

SECTION 27. Notwithstanding any general or special law to the contrary, each regional transit authority (RTA) established under chapter 161B of the General Laws shall develop a comprehensive regional transit plan in consultation with the appropriate regional planning agency, the department of transportation, local employers and the business associations, labor organizations, and transit authority riders. The regional transit plan shall include but not be limited to; (1) a comprehensive assessment of transit services; (2) a thorough examination of the ridership trends for each line and service provided by the RTA; (3) a performance analysis of existing services; (4) the development and evaluation of alternative service scenarios; (5) the development of a recommendation to better align service with local and regional demand; (6) the commonwealth’s environmental policies; (7) fare rates and collection methods; (8) the region’s job creation goals and employment needs; and (9) a determination of whether the RTA’s service is deployed in the most effective way possible to accommodate the transit needs of the region’s workforce. The development of the plan shall include public hearings in different regions of the commonwealth and the opportunity to comment on a draft report. The final report shall be filed with the department of transportation and made available on the department’s website and the website of the appropriate RTA on or before June 30, 2014.

SECTION 28. There is hereby established a Prevailing Wage Commission, the purpose of which shall be to determine the effectiveness, practicality and usefulness in establishing fair wage rates of Massachusetts Prevailing Wage Law, so-called, as contained in Chapters 149, 5, 71, and 121B of the general laws. The commission shall consider the impact of the prevailing wage on the cost of road, bridges and rail projects for which they are utilized. Said commission shall consist of 5 members: 1 of whom shall be the secretary of transportation or a designee; 1 of whom shall be the secretary of labor and workforce development or a designee; 1 of whom shall be appointed from the Massachusetts municipal association; 1 of whom shall be appointed by an organization representing employees not engaged in organized labor, and 1 of whom shall be appointed from organization representing organized labor in the commonwealth. The commission shall hold not less than 1 public hearing. Said commission 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 report with the clerk of the house of representatives and the clerk of the senate, the joint committee on labor and workforce development and the joint committee on transportation on or before September 1, 2013.

SECTION 29. Notwithstanding any general or special law to the contrary, no awarding authority as defined by section 39 of chapter 3 of the General Laws, shall require or prohibit bidders, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations, on the same or related projects, or discriminate against bidders, contractors, subcontractors, or operators for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations, on the same or other related public works projects. The use of such agreements requiring labor organization participation shall be reserved exclusively for such situations when no other labor source was available.

SECTION 30. Notwithstanding any general or special law to the contrary, the director of the internal special audit unit shall conduct a comprehensive investigation of the financial impact of chapter 25 of the acts of 2009. The investigation shall include a review of total savings to date, anticipated future savings, an analysis of how the savings compare to projected savings at the time of the passage of the act, and recommendations to increase future savings and efficiences. The director shall publish his findings on the department’s website and submit an electronic copy of the report to the clerks of the house and the senate, the house and senate committees on ways and means, and the joint committee of transportation.

SECTION 31. Section 140 of chapter 25 of the acts of 2009 is hereby amended by inserting, in the first paragraph, after the words “expiration date” the following: - “of the initial term” ”.

SECTION 32. The attorney general shall investigate and issue a report on federal laws or other legal commitments binding upon the Massachusetts Bay Transportation Authority resulting in proposed or contemplated service expansion and the feasibility and consequences of the state challenging or defending a decision not to expand. The report shall include an analysis of legally or contractually obligated service expansion, including but not limited to, the specific source of the obligation, the legal authority demanding fulfillment of the expansion, legal defenses that could reduce or eliminate the obligations, the impact of the decision on January 25, 2011 in Arborway v. Massachusetts Executive Office of Transportation, and the financial burdens of breaching any potential obligations if an obligation exists. The report and recommendations shall be filed electronically with the clerks of the house and the senate, the house and senate committees on ways and means and with the joint committee on transportation not later than August 31, 2013.

SECTION 33. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall issue a request for proposals from business, civic, and non-profit entities to enter into agreements for sponsorship rights of Authority assets and stations.

SECTION 34. (a) Notwithstanding any general or special law to the contrary, the department of revenue shall develop and implement a tax amnesty program in accordance with the provisions of this section to be effective for a period not to exceed 3 consecutive calendar months between July 1, 2013 and June 30, 2014.

(b) The tax amnesty program shall be limited to the following taxpayers:

(i) taxpayers who receive written notice from the department that they are eligible for participation in the tax amnesty program with the following existing business tax liabilities: sales/use tax, sales tax on telecommunications services, meals tax, meals tax local option, materialman sales tax, withholding income, performer withholding, pass-through entity withholding, lottery annuity withholding, room occupancy excise, room occupancy excise local option, convention center financing fees on room occupancy in Boston, Cambridge, Chicopee, Springfield, West Springfield, and Worcester, convention center financing surcharge for sightseeing tours, convention center financing surcharge on vehicle rentals in Boston, convention center financing surcharge on parking in Boston, Springfield, and Worcester, deeds excise, cigarette excise, cigars and smoking tobacco excise, club alcohol beverage excise, gasoline excise, special fuels excise, special fuels excise local option, and boat/recreational vehicles sales tax; or
(ii) taxpayers who receive written notice from the department that they are eligible for participation in the tax amnesty program with existing Part B taxable income liabilities

(c) The tax amnesty program shall apply to taxes for which the department has issued a proposed assessment, notice of assessment, bill, notice or demand for payment on or after July 1, 2006, and before January 1, 2013, or to taxes that became due on or after 1, 2006, and before January 1, 2013.

(d) (i) The commissioner's authority to waive penalties during the amnesty period shall not apply to any taxpayer who, before the start date of the amnesty program selected by the commissioner, was the subject of a tax-related criminal investigation or prosecution. The amnesty program shall not authorize the waiver of less than 10 per cent of the interest or more than 30 per cent of the interest. The commissioner may offer tax amnesty to those taxpayers who have either an unpaid self-assessed liability or who have been assessed a tax liability, whether before or after the filing of a return, of which the assessed liability remains unpaid.
(ii) A taxpayer who delivers or discloses any false or fraudulent application, document, return, or other statement to the department in connection with an amnesty application shall be ineligible for amnesty and shall be subject to the fraud penalty under present law, including under section 11A of chapter 62B of the General Laws, or a penalty of $10,000, whichever is greater.

(e) To the extent that a taxpayer within the scope of the amnesty program as determined by the commissioner and wishing to participate in the amnesty program has postponed the payment of an assessment of tax, interest and penalty under the authority of subsection (e) of section 32 of chapter 62C of the General Laws, the taxpayer shall waive in writing all rights under said subsection (e) of said section 32 of said chapter 62C further delay the payment of the tax and applicable interest portions of the assessment. The tax and applicable interest portions of the assessment shall be payable in full from the date of the commissioner's notice of assessment. Upon payment by the taxpayer of the tax and interest of the outstanding assessment, the commissioner shall waive all penalties associated with that assessment. The taxpayer and the commissioner shall then proceed with all administrative appeal rights that the taxpayer wishes to pursue with respect to the assessment.

(f) Amnesty shall not apply to those penalties which the commissioner would not have the sole authority to waive including, but not limited to, fuel taxes administered under the International Fuel Tax Agreement or under the local option portions of taxes or excises collected for the benefit of cities, towns or state governmental authorities.

(g) The commissioner shall maintain records of the amnesty provided under this section including, but not limited to: (i) the number of taxpayers provided with amnesty; (ii) the types of tax liability for which amnesty was provided and, for each type of liability, the amount of tax liability collected and the amount of penalties foregone by virtue of the amnesty program; and (iii) the total outstanding tax liability for amnesty-eligible taxpayers at the conclusion of the tax amnesty program after the collection of all funds under this section. The commissioner shall file a report detailing such information with the clerks of the house of representatives and the senate, the joint committee on revenue, the house and senate committees on ways and means, the minority leader of the house and the minority leader of the senate not later than September 1, 2014; provided, however, that such report shall not contain information sufficient to identify an individual taxpayer or the amnesty that an individual taxpayer was provided under this section.

(h) The department shall publicize the tax amnesty program in order to maximize the public awareness of and participation in the program.

(i) Taxpayers electing to participate in the amnesty program who have paid under protest and filed suit shall agree that upon approval of their amnesty application, the department shall release their payment from escrow and apply it in accordance with the grant of amnesty.

(j) Amnesty shall only be granted for eligible taxes to eligible taxpayers, as determined by the department, who apply for amnesty during the amnesty period on forms prescribed by the department and who pay all of the tax, fees and costs, if applicable. If the amnesty application is approved, the commissioner shall waive the appropriate interest and all of the penalties associated with the tax periods to which amnesty is applied. No installment agreements will be entered into for tax periods that are approved for amnesty.

(k) The department may adopt regulations and provide notice that a cost of collection penalty may be imposed after the expiration of the tax amnesty period for any deficiency assessed for any taxable period due on or after July 1, 2006, and ending before January 1, 2014. This penalty shall be in addition to all other applicable penalties, fees, or costs.

SECTION 35. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall, as mandated by section 14 of chapter 132 of the acts of 2012, issue a report on revenues collected through the use of sponsorship agreements. The report shall include, but not be limited to, an analysis of revenues collected, offers to sponsor which have been declined and attempts to increase and promote sponsorship opportunities. The report and recommendations shall be filed with the clerks of the house of representatives and the senate and to the house and senate committees on ways and means and the joint committee on transportation on or before August 30, 2013.

SECTION 36. Notwithstanding any general or special law to the contrary, the secretary of transportation shall issue a 5 year plan, as provided for in section 11 of chapter 6C, not less than 180 days after the passage of this act. Said plan shall prioritize projects to provide for the reduction in the number of structurally deficient bridges, to reduce congestion attributable to disrepair, to improve urban and rural primary pavement conditions, to improve interstate pavement conditions, to increase maintenance disbursements per mile to the level necessary to achieve and maintain a state of good repair, to move bus and transit assets into a state of good repair, to improve track and signalization conditions, and to otherwise eliminate the backlog on transit, road, and bridge projects. The plan shall not include any capital expansion projects and shall be published as provided for in section 11 of chapter 6C.

SECTION 37. There shall be established and set up on the books of the commonwealth a fund to be known as the 2009 Transportation Reform Savings Fund. The fund shall consist of monies transferred from the Gaming Revenue Fund, monies credited as savings resulting from chapter 25 of the acts of 2009 as certified by the State Auditor and all other monies credited or transferred to the fund from any other fund or source and proceeds from the investment of such funds. The secretary of transportation shall be the trustee of this fund; provided, however, that no funds shall be expended until road, transit, and bridge backlogs are eliminated, transportation assets are in a state of good repair, and the secretary of administration and finance has provided written approval annually of a proposed spending plan; and provided further, however, that the director of the internal special audit unit shall annually audit the savings resulting from chapter 25 of the acts of 2009, documenting the quality, efficiency and the integrity of the department’s implementation of the act and providing the state auditor a report of the yearly savings it achieved as a result of the act.

SECTION 38. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall create a pilot program at 3 high volume parking station facilities dedicating not more than 10 per cent of the available parking to customers willing to pay an increased premium for a reserved parking spot that is guaranteed to be available to them if they arrive at the spot before a certain hour, as determined by the Authority.

SECTION 39. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall issue a request for proposals from business, civic, and non-profit entities to enter into sponsorship agreements for providing transportation services beyond the current hours of operation.

Rejected
Clerk #42

OTP Cigar Taxes

Ms. Chandler and Ms. Creem moves to amend the bill (Senate, No, 1766) by inserting after SECTION___, the following new section:

SECTION___: Section 7B of chapter 64C of the General Laws is hereby further amended by adding the following subsection:–

(m) In addition to the excise imposed by subsection (b), an excise shall be imposed on all smoking tobacco and on all cigars weighing more than 3 pounds per 1,000 units and not more than 12 pounds per 1,000 units held in the commonwealth at the rate of 110 per cent of the wholesale price of such products.

Clerk #43

WITHDRAWN

Rejected
Clerk #44

Mandated review of MassDOT project list

Mr. Finegold moves to amend the bill (Senate, No. 1766) by inserting, after section 58, the following section:-

“SECTION 58A. The Massachusetts Department of Transportation shall review all projects on its project list which were added prior to July 1, 2008 and have not yet been completed. Each such project shall be reviewed to determine whether it is still necessary, and, if so, whether improvements to such project can be made. Such a review shall be done annually, reviewing all projects added to the list at least 5 years prior.”

Rejected
Clerk #45

MassDOT Workforce

Mr. Knapik moves to amend the bill (Senate, No. 1766) by inserting at the end thereof the following new section:-

SECTION __. Section 3 of chapter 6c of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the nineteenth paragraph and inserting in place thereof the following paragraph:-

(19) appoint officers and employees and to engage accountants, architects, attorneys, engineers, planners, real estate experts and other consultants as may be necessary in its judgment to carry out the purposes of this chapter and fix their compensation; provided, however, that the department shall provide thirty days notice before engaging such accountants, architects, attorneys, engineers, planners, real estate experts and other consultants;

Rejected
Clerk #46

Special commission to study lost revenue from illegal tobacco distribution industry

Messrs. Welch, Finegold, and Knapik move to amend the bill (Senate No. 1766) by inserting at the end thereof the following new section:-

“SECTION XX. Chapter 64C of the General Laws is hereby amended by adding the following section:-

Section 1.
There shall be a special commission established to study and report on the illegal tobacco distribution industry in Massachusetts and the resulting loss of tax revenue to the commonwealth.

Section 2.
The special commission shall consist of 9 members: the commissioner of the department of revenue or a designee; the treasurer of the commonwealth or a designee; 1 member of the house of representatives, as appointed by the speaker of the house; 1 member of the senate, as appointed by the senate president; 1 member to be appointed by the governor; the secretary of administration & finance or a designee; the attorney general of the commonwealth or a designee; the executive director of the Northeast Association of Wholesale Distributors or a designee; and the Executive Director or the New England Convenience Store Association or a designee.

Section 3.
The scope of the special commission shall include, but not be limited to, researching and making recommendations regarding: (1) the regulation, oversight, distribution and sale of all tobacco products sold in the Commonwealth; (2) the illegal tobacco market in the Commonwealth; (3) the loss of tobacco excise and sales tax revenue in the state; (4) the maximization of the collection of tobacco excise and sales tax revenues being lost to the illegal market; and (5) enforcement and penalties for violation of collection and reporting of all tobacco taxes as set forth in General Laws Chapter 64C.

Section 4.
The special commission shall convene no later than June 1, 2013 and shall report general court the results of its study, together with recommendations and drafts of legislation necessary to carry out any recommendations, if any, with the clerks of the house and senate, and the chairs of the to the joint committee on ways and means and the joint committee on revenue not later than November 1, 2013.”

Clerk #47

WITHDRAWN

Clerk #48

WITHDRAWN

Rejected
Clerk #49

Requiring a Procurement Plan for Red and Orange Line Cars

Mr. Keenan, Ms. Clark and Mr. Donnelly moves that the bill be amended by inserting in Section 58 of the bill, after the words “projects, including” the following new text: - “procurement of Red and Orange line subway vehicles,”

ADOPTED
Roll Call #24 [33 YEAS - 0 NAYS]
Clerk #50

Requiring Investment to Maintain State of Good Repair

Messrs. Keenan and Donnelly, Ms. Creem and Mr. Joyce move to amend the bill (Senate, No. 1766) by inserting in Section 58 of the bill, after the words “projects, including” the following new text: -- “repairs to the authority’s capital infrastructure necessary to meet or exceed the State of Good Repair asset rating established under the federal Transit Economic Requirements Model and required for the federal New Starts grant application,”

Clerk #51

WITHDRAWN

Clerk #52

WITHDRAWN

Rejected
Clerk #53

Zone based MBTA fare structure

Mr. Finegold moves to amend the bill (Senate, No. 1766) by inserting, after section 58, the following section:-

“SECTION 58A. The secretary shall issue a report on the feasibility of implementing a zone-based fare structure for the Massachusetts Bay Transportation Authority’s subway service. The report shall be filed with the clerks of the senate and house of representatives, the chairs of the house and senate committees on ways and means and the senate and house chairs of the joint committee on transportation by January 1, 2014.”

Rejected
Clerk #54

Rail Labor Cost Commission

Mr. Hedlund moves to amend the bill, Senate Bill 1766, by inserting, at the end thereof, the following new section:-

SECTION XX. Notwithstanding any general or special law to the contrary there is hereby established a special commission for the purpose of reviewing and evaluating the costs associated with operating both the Massachusetts bay transit authority and the Massachusetts bay commuter rail, with a specific focus on labor costs and benefits, labor agreements and management expenses. The commission shall compare these labor costs, expenses and agreements with those of other states, jurisdictions and other departments within the Commonwealth. Said special commission shall consist of the Secretary of Transportation or a designee, who shall serve as chair; the State Auditor or a designee; a representative of the company operating the commuter rail at the time the commission is seated; 3 members who shall be appointed by the Governor, 2 of whom shall be representatives of business associations and 1 of whom shall represent organized labor; 1 member who shall be appointed by the Speaker of the House; 1 member who shall be appointed by the House Minority Leader; 1 member who shall be appointed by the Senate President; and 1 who shall be appointed by Senate Minority Leader. Said special commission shall report, in writing, to the general court with its recommendation, if any, on the equity and cost effectiveness of the commonwealth’s current rail labor expenses and recommend whether certain policies from other jurisdictions should be implemented as part a comprehensive state transportation. A report of the commission’s findings shall be filed with the clerks of the house of representatives and senate not later than November 1, 2013.

Rejected
Clerk #55

Harbors and inland waterways maintenance fund

Messrs. Hedlund and Tarr moves to amend the bill, Senate Bill 1766, by inserting, at the end thereof, the following new sections:-

SECTION 1. Section of 13 of Chapter 64A of the General Laws, as appearing in the 2012 edition, is hereby amended by inserting at the end of the paragraph after the words “chapter 131” the following “;and 0.05 percent shall be credited to the Harbors and Inland Waters Maintenance Fund, established by section 10A ½ of chapter 91.”

SECTION 2. Chapter 91 of the General Laws, as appearing in the 2012 edition, is hereby amended by inserting after section 10A the following new section: -

Section 10A ½. There is hereby established a fund to be known as the Harbors and Inland Waters Maintenance Fund to which shall be credited such sums as are determined the provisions of section thirteen of chapter sixty four A, sections forty-two, forty-three, forty-five, forty-six A and forty-nine of chapter ninety-one and any sums received by the commonwealth from the federal government on account of the activities of the department of conservation and recreation relative to (a) the continuous maintenance dredging; (b) cleaning of all the areas within the harbors, inland waters and great ponds of the commonwealth include the removal of sunken and abandoned vessels, derelict piers and any other obstacles deemed to be hazardous to navigation; (c) maintenance of state piers; and (d) for the purpose of carrying out the provisions of section thirty-one. All monies in said fund shall be subject to appropriation, and shall be used only for the purpose of continuous maintenance dredging and cleaning of harbors, inland waters and great ponds of the commonwealth, including removal of sunken and abandoned vessels, derelict piers and any other obstacles deemed to be hazardous to navigation, by the department of conservation and recreation.

ADOPTED
2nd Redraft Clerk #56

Internal Special Audit Unit Transparency

Mr. Tarr, Hedlund, Knapik and Ross move to amend the bill (Senate, No. 1766) by inserting after section 4 the following 4 sections:-
“SECTION 4A. Subsection (e) of section 9 of chapter 6C of the General Laws, as appearing in section 1 of chapter 132 of the acts of 2012, is hereby amended by adding the following sentence:-The secretary shall make the annual report and all such reports from previous years available on the department’s website.
SECTION 4B. Section 10 of said chapter 6C, as appearing in the 2010 Official Editon, is hereby amended by adding the following paragraph:-
The office of transportation planning shall work in collaboration with the public-private partnership infrastructure oversight commission and provide the oversight commission information and updates on research, surveys, studies and future transportation projects.
SECTION 4C. Section 11 of said chapter 6C, as so appearing, is hereby amended by inserting after the word “finance”, in lines 18 and 19, the following words:- , the public-private partnership infrastructure oversight commission,
SECTION 4D. Said section 11 of said chapter 6C, as so appearing, is hereby further amended by adding the following paragraph:-
The long-range transportation plan shall prioritize each project identified in the transportation plan, separated by mode of transportation, and provide a detailed fiscal analysis of each project, including the projects funding sources, yearly operating costs to maintain the project, the projects impact on existing transportation infrastructure and impact of the project on the goals identified by the department and the office of performance management and innovation including, but not limited to, reducing the number of structurally-deficient bridges, reducing the state of good repair backlog and increasing customer satisfaction across all modes of transportation.”; and
by inserting after section 5 the following 2 sections:-
“SECTION 5A. Said chapter 6C is hereby further amended by inserting after section 13 the following section:-
Section 13A. The secretary shall develop and implement, to the extent permitted by federal law, a program to allow vehicles with less than 2 occupants access to existing high occupancy vehicle lanes; provided, however that such access may be limited during hours that the existing high occupancy vehicle lane operates at or near capacity. Vehicles with less than 2 occupants shall pay a varying automated toll depending on the time of the day; provided, however, that the secretary shall establish regulations to allow vehicles with at least 2 occupants, motorcycles, buses and low or zero emission vehicles, hybrid vehicles or other fuel efficient or environmentally-friendly vehicles, as established by regulation, to access the lane without paying a toll.
SECTION5B . Section 16 of said chapter 6C, as appearing in the 2010 Official Edition, is hereby amended by adding the following sentence:- The plan shall be made available on the department’s website.”; and
by inserting after section 6 the following 4 sections:-
“SECTION 6A. Section 28 of said chapter 6C, as so appearing, is hereby amended by inserting after the word ‘divisions’, in line 33, the following words:- including, but not limited to, revenues from parking fares, financial assistance from cities and towns, sponsorships, naming rights and advertising.
SECTION 6B. Section 30 of said chapter 6C, as so appearing, is hereby amended by inserting after subsection (c) the following subsection:-
(d) The secretary shall:
(1) develop, in consultation with the commonwealth development coordinating council, and administer a long-term statewide transportation plan that includes planning for intermodal and integrated transportation;
(2) develop, based on a public hearing process, procedures to be used for transportation project selection;
(3) establish criteria for project selection to be used in the procedures developed under clause (2);
(4) create a future project prioritization list, separated by mode of transportation;
(5) include detailed information regarding all construction projects for which the department has expended funds during the preceding 5 fiscal years, which shall include:
            (i) the location and street name, including a brief description of the work to be performed;
            (ii) all project identifying numbers used within the department or with respect to any federal or state grant or funding program including, without limitation, any contract numbers, transportation incentive program numbers or Transportation Infrastructure Finance and Innovation Act or other federal aid numbers;
            (iii) all contractors, engineers, architects and other service professionals who have performed work on the project;
            (iv) all amounts expended, including payee and date of disbursement with respect to each disbursement;
            (v) total projected and actual cost;
            (vi) projected and actual start and completion dates;
            (vii) projected and actual milestone dates and details;
            (viii) identification and a brief description of any issues, factors or other causes that have affected or are anticipated to affect the projected cost and completion date of any project; and
            (ix) the names and contact information of the project manager within the department or other department personnel with oversight authority;
(6) compare each project to the metrics established by the by the department’s office of performance management and innovation;
(7) document the attempts to engage the public-private partnership infrastructure oversight commission on each project; and
(8) make the long-term statewide transportation plan available on the department’s website.
SECTION 6C. Section 34 of said chapter 6C, as so appearing, is hereby amended by adding the following 2 paragraphs:-
Final approval on a project contemplated in this section shall not be given until the public-private partnership infrastructure oversight commission has been given an opportunity to evaluate the project’s suitability to be constructed in the design-build-finance-operate-maintain or design-build-operate-maintain project delivery method.
No project shall be given final approval unless it is properly identified and explained in the comprehensive state transportation plan under section 11.
SECTION 6D. Section 35 of chapter 6C, as so appearing, is hereby amended by adding the following sentence:-The secretary shall make the report and all such reports from previous years available on the department’s website.”; and
by inserting after section 41 the following 3 sections:-
“SECTION 41A. Section 10 of said chapter 161A of the General Laws, as so appearing, is hereby amended by inserting after the word “chapter”, in line 4, the following words:- ; provided, however, that notification of any formal communications attempting to secure federal assistance, together with the contents of thosecommunications, shall besimultaneously transmitted to the house and senate committees on ways and means.
SECTION 41B. Said section 10 of said chapter 161A, as so appearing, is hereby further amended by adding the following sentence:- The chairman of the authority shall issue a quarterly report on communications with the federal government in furtherance of this section. Thereport shall include, but not be limited to, any actions by the authority committing or proposing to commit the commonwealthto provide financial assistance and shall be submitted to the house and senate committees on ways and means.”.
SECTION 41C. The first paragraph of section 20 of said chapter 161A, as so appearing, is hereby amended by adding the following sentence:-The secretary shall make the preliminary and final itemized budgets available on the department’s website.”; and
By striking out sections 52 and 53 and inserting in place thereof the following 2 sections:-

“SECTION 52. (a) Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation shall, in the department’s annual budget, ensure that the budget includes sufficient revenue from sources of revenue listed in subsection (c) to meet the following benchmarks: (i) in fiscal year 2014, the department shall contribute 47 per cent of the department’s operating budget; (ii) in fiscal year 2015, the department shall contribute 48 per cent of the department’s operating budget; (iii) in fiscal year 2016, the department shall contribute 50 per cent of the department’s operating budget; (iv) in fiscal year 2017, the department shall contribute 51 per cent of the department’s operating budget; and (v) in fiscal year 2018, the department shall contribute 51 per cent of the department’s operating budget. The salary, benefits or level of compensation of any department employee in a major policymaking position, as defined by section 1 of chapter 268B, shall not be increased if the department is not exceeding the benchmarks provided for in this section.
(b) The benchmarks in subsection (a) may be achieved through any combination of revenue increases under subsection (c) and savings to the department’s operating budget; provided, however, that the department shall submit a preliminary report of savings to the operating budget by October 1 of each fiscal year and a final report of savings to the operating budget by January 1 of each fiscal year. Those preliminary and final reports shall be submitted to the house and senate committees on ways and means and the joint committee on transportation.
(c) The revenue generated to meet the benchmarks in subsection (a) may be derived from: (i) fees collected by the registrar of motor vehicles under section 34 of chapter 90 of the General Laws; (ii) funds available to the registry of motor vehicles through the Motor Vehicle Inspection Trust Fund under section 61 of chapter 10 of the General Laws; and (iii) any other funds directly collected by the department; provided, however, that no funds collected through increases in tolls charged and collected as of January 1, 2013 under section 13 of chapter 6C of the General Laws shall be counted towards the benchmarks in subsection (a); and provided further, that any revenue collected from tolls for transit on roads not tolled as of July 1, 2013 shall count towards the benchmarks in said subsection (a).
SECTION 53. (a) Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall, in the authority’s budget as approved by the board of directors under section 20 of chapter 161A of the General Laws, ensure that the budget includes sufficient revenue from sources of revenue listed in subsection (c) to meet the following benchmarks: (i) in fiscal year 2014, the authority shall contribute 31.5 per cent of the authority’s operating budget; (ii) in fiscal year 2015, the authority shall contribute 33 per cent of the authority’s operating budget; (iii) in fiscal year 2016, the authority shall contribute 33.25 per cent of the authority’s operating budget; (iv) in fiscal year 2017, the authority shall contribute 32.75 per cent of the authority’s operating budget; and (v) in fiscal year 2018, the authority shall contribute 34 per cent of the authority’s operating budget.The salary, benefits or level of compensation of any department employee in a major policymaking position, as defined by section 1 of chapter 268B, shall not be increased if the department is not exceeding the benchmarks provided for in this section.
(b) The benchmarks in subsection (a) may be achieved through increasing non-fare revenues, increasing total fare revenues through ridership growth, increasing fare levels while accounting for potential loss of ridership from fare increases or from savings to the authority’s operating budget; provided, however, that the authority shall submit a preliminary report of savings to the operating budget by October 1 of each fiscal year and a final report of savings to the operating budget by January 1 of each fiscal year. Those preliminary and final reports of savings shall be submitted to the house and senate committees on ways and means and the joint committee on transportation. Nothing in this section shall be construed to relieve the authority of any legal requirements it shall fulfill under state or federal law prior to increasing fares or eliminating service.
(c) The revenue generated to meet the benchmarks in subsection (a) may be derived from any funds collected by the authority through fees and fares and any other funds directly collected by the authority; provided, however, that such revenue shall not include funds contributed to the Massachusetts Bay Transportation Authority State and Local Contribution Fund under section 35T of chapter 10 of the General Laws.

(d) The authority mayachieve these benchmarks by restraining operating costs and increasing ridershipprior to proposing a fare increase. The authority shall, in theauthority’sbudget plan, regularly create and update5-year pro forma financials and, as part ofthe budget planning process, may plan for small, regular fare increases of not more than 5 per cent for all modes and populations.The authority shallnot increase fares at intervals of less than 24 months or at a rate greater than5 per cent. The authority shall not implement any fare increase unless it is in strict compliance with section 5 of chapter 161A of the General Laws. If the authority’s budget plan does not achieve a required benchmark within a given budget year, but is within 0.5 percentage points of the benchmark, and fares have been increased within the previous budget year, the authority shall increase the subsequent year’s benchmark by an equivalent amount and make needed adjustments to the operating budget and fare levels in the subsequent budget year.”; and
by inserting after section 58 the following 6 sections:-
“SECTION 58A.(a) The secretary of transportation shall conduct a study and issue a report on the taxicab market in the commonwealth. The study shall include, but not be limited to, an analysis of the level of competition in the industry, any unserved or underserved needs and an evaluation of a state licensing alternative to stimulate competition, better serve the needs of customers and employees in the market and to address regional and environmental concerns. The report, together with any legislative recommendations, shall be filed electronically with the clerks of the senate and house of representatives and the joint committee on transportation not later than August 15, 2013.
SECTION 58B. Notwithstanding any general or special law to the contrary, the director of the internal special audit unit shall conduct a comprehensive investigation of the financial impact of chapter 25 of the acts of 2009. The investigation shall include a review of total savings to date, anticipated future savings, an analysis of how the savings compare to projected savings at the time of the effective date of the act and recommendations to increase future savings and efficiencies. The director shall publish itsfindings on the department’s website and submit an electronic copy of the report to the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on transportation not later than November 1, 2013.
SECTION 58C. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall, as mandated by section 14 of chapter 132 of the acts of 2012, issue a report on revenues collected through the use of sponsorship agreements. The report shall include, but not be limited to, an analysis of revenues collected, offers to sponsor which have been declined and attempts to increase and promote sponsorship opportunities. The report and recommendations shall be filed with the clerks of the house of representatives and the senate and to the house and senate committees on ways and means and the joint committee on transportation not later than August 30, 2013.
SECTION 58D. Notwithstanding any general or special law to the contrary, the secretary of transportation shall issue a 5-year transportation plan not less than 180 days after the effective dateof this act. Theplan shall prioritize projects to provide for the reduction in the number of structurally-deficient bridges, to reduce congestion attributable to disrepair, to improve urban and rural primary pavement conditions, to improve interstate pavement conditions, to increase maintenance disbursements per mile to the level necessary to achieve and maintain a state of good repair, to move bus and transit assets into a state of good repair, to improve track and signalization conditions and to otherwise eliminate the backlog on transit, road and bridge projects. The plan shall not include any capital expansion projects and shall be published on the department’s website and filed electronically with the clerks of the senate and house of representatives and the joint committee on transportation.
SECTION 58E. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall create a pilot program at 3 high-volume parking station facilities dedicating not more than 10 per cent of the available parking to customers willing to pay an increased premium for a reserved parking spot that is guaranteed to be available to them if they arrive at the spot before a certain hour, as determined by the authority; provided, however, that all net proceeds received as a result of the pilot program shall be dedicated to the authority.
SECTION 58F. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall issue a request for proposals from business, civic and nonprofit entities to enter into sponsorship agreements for providing transportation services beyond the current hours of operation.”

Rejected
Clerk #57

Relative to EZ-ID

Mr. Tarr and Ms. Clark moves to amend the bill (S.1766) by inserting at the end thereof the following new section:-

SECTION XX. There is hereby established a special task force to analyze the feasibility of a registration plate system utilizing enhanced recognition and identification registration plates. The task force shall consist of the registrar of motor vehicles, who shall serve as the chair; the colonel of the state police or a designee; a representative of the Massachusetts Chiefs of Police Association; a representative of the criminal justice information systems; a designee from the Molly Bish Center for Missing and Exploited Children; the secretary of administration and finance or a designee the secretary of transportation or a designee; a representative of the American Automobile Association; a representative of the Massachusetts Correctional Industries; the secretary of the executive office of public safety and security or a designee; a representative of the State Police Association of Massachusetts; a member of a labor organization representing police officers designated by the governor; a designee appointed by the senate president; a designee appointed by the minority leader of the senate; a designee appointed by the speaker of the house of representatives; and a designee appointed by the minority leader of the house of representatives.

The study shall include, but not be limited to, short-term and long-term costs to the commonwealth, time frame for implementation, impact on federal, state and local law enforcement and between states and the tools and equipment necessary to produce enhanced recognition and identification registration plates. The study shall assess: (i) human reaction to numbers, letters, characters and symbols and the ability to cognitively process such numbers, letters, characters and symbols; provided, however, that the task force shall rely upon scientific studies that have been peer reviewed and consult with relevant research or clinical scientists or medical professionals to verify the accuracy of the information it reviews; (ii) transportation-based factors including, but not limited to, the impact on toll revenues; (iii) interfaces with motor vehicle databases in other states including, without limitation, any licensing and registration system used by the registry of motor vehicles; and (iv) criminal information system accessibility.

The task force may conduct 1 or more public hearings to inform the public of its activities. The task force shall seek input from the United States Department of Justice, the United States Immigration and Customs Enforcement and the United States Department of Homeland Security. The report of the task force shall be filed with the Clerks of the Senate and the House of Representatives not later than December 31, 2013.

Section 2. For the purposes of this section, “enhanced recognition and identification registration plate” shall be a registration plate that has the capability to incorporate:

(a) commonly recognizable symbols, which are easily identifiable, with each symbol having a corresponding 3 character alpha-numeric reference, with not more than 2 characters identifying the symbol and 1 character representing the location of the symbol on the plate, such that both the symbol and the references may be placed in a variety of locations on the plate to maximize the number of individual combinations that may be produced in conjunction with standard letters and numbers;

(b) existing and innovative technologies and componentry to aid in the identification of characters in conditions that result in poor-visibility, including, but not limited to, nighttime and inclement weather;

(d) distinctive and low-number plates, including plates authorized under sections 2 and 2E of chapter 90 of the General Laws, as well as any distinctive registration plates issued by the registrar under section 2F of said chapter 90.

Section 3. If designing, developing, procuring or implementing an information management system as a successor or replacement to its Automated License and Registration System, the registrar of motor vehicles shall, in good faith, attempt to ensure that such system is consistent with the technology necessary to effectively utilize enhanced recognition and identification registration plates. Nothing in this section shall limit the ability of the registrar to make necessary changes and improvements to the current Automated License and Registration System, or limit the registrar from designing, developing, procuring or implementing a successor system that is not compliant with enhanced recognition and identification registration plates if the registrar determines a system compatible with enhanced recognition and identification registration plates is not in the best interest of the registry of motor vehicles or the commonwealth.”

Rejected
Roll Call #26 [4 YEAS - 29 NAYS]
Clerk #58

System Expansion Limit

Mr. Tarr moves to amend the bill (Senate, No. 1766) by inserting at the end thereof the following new Section:-

“SECTION__. Chapter 161A of the General Laws, as most recently amended by chapter 119 of the Acts of 2012, is hereby further amended by inserting at the end thereof the following new section:

Section 50. 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 services at the authority, until the department or the authority conducts a cost analysis and certifies that the addition of the project will not prevent the authority from generating sufficient revenue to contribute 34 per cent of the authority’s operating budget annually. 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 on exiting transit systems.”.

Clerk #59

WITHDRAWN

Clerk #60

WITHDRAWN

Rejected
Clerk #61

Audit of MBTA

Mr. Tarr and Ms. Donoghue moves to amend the bill (Senate, No. 1766) by adding the following sections:

Section A. The state auditor shall conduct a comprehensive audit of the Massachusetts Bay Transportation Authority. The auditor shall review the authority and all contracts it has entered into worth over $100,000. The auditor shall review the quality, efficiency, and integrity of the department’s operating and capital programs and the contracts of which the authority has entered into to provide transportation services. The audit shall seek to prevent, detect, and correct waste, abuse, and excessive payments made to employees or contractors. The audit shall review the procurement process of the authority in entering into an agreement to provide commuter rail services, and include a review of bidders who submitted official responses but did not submit an official bid.

Section _. Sections 14-16, inclusive, and section 24-34, inclusive, shall not go into effect until the audit required by Section A is submitted to the clerks of the house of representatives and the senate.

ADOPTED
Clerk #62

Report on a system of carbon taxation

Messrs. Barrett, Eldridge and Pacheco, Ms. Creem and Ms. Clark move to amend the bill (Senate, 1766) by inserting after section 28 the following section: --

SECTION 28A. The Commissioner of Revenue, in consultation with the Commissioner of Energy Resources, shall file a report, not later than December 1, 2013, regarding any statutory, regulatory and administrative changes, arrangements and calculations that may be required in the event the Commonwealth’s taxation of sales of gasoline is broadened to include taxation of sales of all carbon-based fuels. The report shall be filed with the joint committee on revenue, the joint committee on environment, natural resources and agriculture, and the senate and house committees on ways and means.

Rejected
Clerk #63

Elimination of Tax Increases

Mr. Tarr moves to amend the bill (Senate.1766) by striking SECTION 14 through 16, inclusive;

Further move to amend the bill by striking SECTION 24 through 34, inclusive;

Further move to amend the bill by striking SECTION 51 in its entirety

Further move to amend the bill by striking SECTION 56 in its entirety

Rejected
Clerk #64

Effective Dates

Mr. Tarr moves to amend the bill (Senate.1766) by striking in SECTION 62 in line 473 the number “2013” and inserting in place there of :- “2016”

Further amend the bill by striking in SECTION 63 in line 475 and 476 the number “2014” and inserting in place there of:- “2017”

Further amend the bill by striking in SECTION 65 in line 478 the number “2015” and inserting in place there of: - “2018”

Rejected
Clerk #65

Absent Sponsorship Study

Mr. Tarr moves to amend the bill (Senate, No. 1766) by adding the following section:-

SECTION . Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall, as mandated by section 14 of chapter 132 of the acts of 2012, issue a report on revenues collected through the use of sponsorship agreements. The report shall include, but not be limited to, an analysis of revenues collected, offers to sponsor which have been declined and attempts to increase and promote sponsorship opportunities. The report and recommendations shall be filed with the clerks of the house of representatives and the senate and to the house and senate committees on ways and means and the joint committee on transportation on or before August 30, 2013.

ADOPTED
Redraft Clerk #66

Extra Bonding Capacity

Messrs. Rodrigues and Montigny move to amend the bill (Senate, No. 1766), in section 54, by striking out subsection (b) and inserting in place thereof the following 2 subsections:-

“(b) The secretary of transportation, in consultation with the secretary of administration and finance, shall file a report regarding the department’s compliance with the second sentence of said section 15 of said chapter 6C not later than August 1, 2013. The report shall include, but not be limited to: (1) the number of employees with salaries funded by capital expenditures in fiscal year 2013, specifying each employee’s salary, job classification and department; (2) the total cost of employee salaries charged to capital expenditures in fiscal year 2013, specifying each employee’s salary, job classification and department; (3) the number of employees and total cost of employee salaries that the department estimates will be moved from capital expenditures to operating expenditures in fiscal years 2014, 2015 and 2016, specifying each employee’s salary, job classification and department; and (4) a strategy to dedicate a portion of the funds made available through compliance with this section to projects that are included in the authority's 5-year rolling capital investment plan as published in accordance with section 5 of chapter 161A of the General Laws. The report shall be filed with the joint committee on transportation, the house and senate committees on bonding, capital expenditures and state assets and the house and senate committees on ways and means.

(c) The department shall use as necessary the extra bonding capacity or any portion thereof created by the removal of personnel costs from the capital budget underthis section to fund the capital costs associated with planning, design, permitting, engineering and construction of transportation projects.”

ADOPTED
Further Clerk #66.1

Extra Bonding Capacity

Messrs. Ross, Rodrigues and Montigny move to amend the pending amendment (No. 66) by striking out the text and inserting in place thereof the following text:-

“in section 54, by striking out subsection (b) and inserting in place thereof the following 2 subsections:-

ADOPTED
Clerk #67

Comprehensive State Transportation Plan

Mr. Finegold moves to amend the bill (Senate, No. 1766) by inserting, after section 4, the following sections:-

“SECTION 4A. Section 11 of chapter 6C, as so appearing, is hereby amended by inserting after the sixth sentence, in line 23, the following sentence:- All projects shall be listed in order of priority and include a detailed cost estimate of each, including life-cycle costs as required by section 10.

SECTION 4B. The second paragraph of said section 11 of chapter 6C, as so appearing, is hereby amended by adding the following sentence:- Each annual report shall also be posted on the Massachusetts Department of Transportation’s website.”

Rejected
Clerk #68

Road Toll Revenue

Ms. Creem moves to amend the bill (Senate, No. 1766) by adding the following section:

SECTION XX. Section 1. Subsection (a) of section 13 of chapter 6C of the General Laws, as so appearing, is hereby amended by inserting after the figure “3”, in line 5, the following:-“; provided, however, that the department shall provide a 20 per cent discount on all tolls not otherwise discounted that are in effect for Massachusetts residents who participate in the department’s electronic toll collection system.”

Section 2. Subsection (b) of said section 13 of said chapter 6C of the General Laws, as so appearing, is hereby amended by inserting after the figure “4”, in line 41, the following:-“; provided further, that the department shall provide a 20 per cent discount on all tolls not otherwise discounted that are in effect for Massachusetts residents who participate in the department’s electronic toll collection system.”

Section 3. Sections 1 and 2 shall apply to all tolls in effect after December 31, 2014.

ADOPTED
REDRAFT #69

Inclusion of MBTA Retirement Board in Commonwealth’s Open Checkbook

Mr. Brownsberger, Ms. Clark and and Ms. Donoghue moves to amend the bill (Senate, No. 1766) by adding the following new section:-

Section XX. Section 14C(a) of Chapter 7 of the General Laws is hereby amended by adding the definition of “agency” after the word “board,” the following:-

including the Massachusetts Bay Transportation Authority Retirement Board and any successor or subsidiary entity”.

Rejected
Clerk #70

Efficient Government Contracts

Mr. Tarr moves to amend the bill (Senate, No. 1766) by inserting at the end thereof the following 3 Sections:-

“SECTION__. There shall be an independent commission to study and investigate issues related to the laws relating to the use of private contracts to provide for public services. The commission shall investigate and report on the financial impact of the laws regarding privation contracts on Massachusetts state agencies, the process by which private contractors apply to provide government services, the criteria used to evaluate a private sector application, and the overall laws impact on the finances of state government, the government’s ability to efficiently hire for necessary services, and the impact on private sector employment. The commission shall consist of the state auditor or a designee, who shall serve as the chair, the inspector general or a designee, and the attorney general or a designee. The commission shall submit a final report of its findings and recommendations, together with drafts of legislation necessary to implement those recommendations, by filing the same with the clerks of the senate and house before October 1, 2014.”

SECTION XX. Sections 52, 53, 54, 55 and 56 of chapter 7 of the General Laws, as appearing in the 2010 Official Edition, are hereby repealed.

SECTION XXX. Section XX shall go into effect April 1, 2015.

ADOPTED
Clerk #71

Subjecting the MBTA Retirement Board to the Public Records Law

Mr. Brownsberger moves to amend the bill by adding the following new section:-

Section XX. Clause Twenty-Sixth of Section 7 of Chapter 4 of the General Laws is hereby amended by adding after the word “board,” the following words:- “including the Massachusetts Bay Transportation Authority Retirement Board and any successor or subsidiary entity,”.

ADOPTED
3rd REDRAFT Clerk #72

Inclusion of Capital Expenditure Details in Commonwealth’s Open Checkbook

Mr. Brownsberger and Ms. Donoghue moves to amend the bill (Senate, No. 1766) by adding the following new sections:-

Section XX. Section 14C(b) of Chapter 7 of the General Laws is hereby amended by inserting the following between Section 14C(b)(4) and Section 14C(b)(5):-“(4 1/2) capital expenditures grouped by project with links to related capital budget documents;”

Section XXX. Section XX shall take effect on July 1, 2014.

ADOPTED
Clerk #73

Requiring Annual Apportionment of Compensation Received for Right of Way Permissions

Mr. Keenan moves that the bill be amended by inserting in section 2 of the bill, after the words “the Department shall” in line 6 and line 11, and in section 35 of the bill, after the words “the Department shall” in line 299, in each instance, the following word:- annually

Rejected
Roll Call #32 [5 YEAS - 28 NAYS]
Clerk #74

Software Service Tax

Mr. Tarr moves to amend the bill (S.1766) by striking SECTION 33 and 34, in their entirety.

ADOPTED
Redraft Clerk #75

Ensuring Sufficient Revenue

Mr. McGee moves to amend the bill (Senate, No. 1766) by inserting after section 58 the following 2 sections:-

“SECTION 58A. If in fiscal years 2019 and 2020 the amount credited to the Commonwealth Transportation Fund under subsection (a) of section 2ZZZ of chapter 29 of the General Laws from receipts under chapters 21J, 64A, 64E and 64F of the General Laws and the monies received from the sales of motor vehicles under subsection (c) of said section 2ZZZ of said chapter 29 does not exceed the amount credited to the fund in the previous fiscal year by 8 per cent or more, then the comptroller shall transfer from the General Fund to the Commonwealth Transportation Fund an amount equal to the amount credited in the previous fiscal year plus 8 per cent. For fiscal years after 2020, the amount credited to the Commonwealth Transportation Fund under subsection (a) of section 2ZZZ of chapter 29 of the General Laws from receipts under chapters 21J, 64A, 64E and 64F of the General Laws and the monies received from the sales of motor vehicles under subsection (c) of said section 2ZZZ of said chapter 29 shall exceed the amount credited in the previous fiscal year by not less than the percentage growth in the consumer price index over the previous calendar year as defined in section 1 of the Internal Revenue Code.

SECTION 58B. Notwithstanding any general or special law to the contrary, the secretary of transportation and the general manager of the Massachusetts Bay Transportation Authority shall meet with the secretary of administration and finance and the house and senate committees on ways and means on the fiscal status of the Massachusetts Department of Transportation and the Massachusetts Bay Transportation Authority in January and July of each year. The first meeting under this section shall occur not later than December 31, 2013.

Not less than 15 days prior to each meeting, the secretary of transportation shall submit a report to the secretary of administration and finance and the house and senate committees on ways and means detailing: (i) year-to-date revenues collected, projected revenues and expenditures for the current fiscal year; (ii) projected revenues and expenditures for the next 5 fiscal years; (iii) changes in revenue and expenditure projections from the previous semiannual report; (iv) reasons for any changes from previous projections; (v) progress made toward achieving revenue and savings targets set for fiscal years 2017 and 2018; and (vi) a plan detailing how the fiscal year 2017 and fiscal year 2018 targets will be achieved.

In order to comply with clause (vi), the report submitted prior to the July 2015 meeting shall identify any potential changes to the fare and fee structure necessary to achieve the benchmarks set forth in sections 52 and 53 for fiscal year 2017 and fiscal year 2018. If the report proposes to increase the fare and fee structure by 5 per cent, the report shall include an estimate of additional support from the Commonwealth Transportation Fund or other revenue and saving initiatives necessary to limit increases to not more than 5 per cent every 24 months.”

Clerk #76

WITHDRAWN

Clerk #77

WITHDRAWN

Rejected
Clerk #78

MBTA Capital Investment Projects

Mr. Tarr moves to amend the bill (S.1766) by striking SECTION 58.

Clerk #79

WITHDRAWN

Rejected
Clerk #80

Commuter Rail Procurement Competition

Mr. Tarr moves to amend the bill (Senate, No. 1766) by adding the following section:-

SECTION _. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall not enter into a new agreement with a contractor to provide commuter rail services beyond the year of the 2016. Prior to the conclusion of any such contract the Authority shall implement requirements for procurement designed to maximize competition. Said requirements shall require that all pertinent labor cost information is provided and available for prospective bidders. Prior to initiating such procurement, the Authority shall review its previous procurement process and include comments from contractors who expressed interest in the request but who ultimately did not submit an official bid. The authority shall submit to the clerks of the house of representatives and the senate the implements it has identified to improve competition not later than December 15, 2014.

Rejected
Roll Call #29 [10 YEAS - 23 NAYS]
Clerk #81

Gas Tax Trigger

Ms. Jehlen and Ms. Clark moves to amend the bill by inserting, at the end thereof, the following new section:-

SECTION XX. Section 1 of Chapter 64A of the General Laws, as so appearing in the 2010 Official Edition, is hereby amended by inserting, in line 98, after the second appearance of the word “gallon” the following sentence:- “However, if by July 1, 2015, there is insufficient revenue in the Commonwealth Transportation Fund, Section 2ZZZ of chapter 29, to pay for debt service on bonds issued or to be issued for MassDOT’s and the MBTA’s capital programs including, but not limited to, the transportation capital projects listed in the State Transportation Improvement Program, the MBTA five-year capital plan, the State Implementation Plan, the commonwealth five-year capital investment plan, and any outstanding transportation bond bills, the “tax per gallon” shall be increased by 3 cents per gallon.”.

Clerk #82

WITHDRAWN

Clerk #83

WITHDRAWN

Rejected
Clerk #84

Eminent Domain

Mr. Knapik moves to amend the bill (Senate, No. 1766) by striking out sections 36, 37, 39, and 44.

Rejected
Clerk #85

Capital Reimbursement Pilot Project

Mr. Richard T. Moore moves to amend the bill (Senate, No. 1766) by inserting, at the end thereof, the following new section:-

SECTION X. Notwithstanding any special or general law to the contrary, the department of transportation shall conduct a pilot project to examine the feasibility of engaging in public-private partnerships for the completion of scheduled capital projects. The department of transportation may enter into an agreement to authorize a developer to fund the construction of the commonwealth’s portion of any proposed economic development project that would generate job creation and new state and local tax revenue opportunities. Said projects may be funded in part or entirely by said developer, and shall be completed to any applicable state and federal standards. At the completion of said construction, the commonwealth shall reimburse the developer for those costs associated with the construction from any anticipated revenues, including, but not limited to, sales and income taxes, generated by the proposed development. The department of transportation, in consultation with the auditor and inspector general, shall certify all costs and revenue projections associated with the development.

Rejected
Clerk #86

Land Disposition Changes

Mr. Brownsberger and Ms. Clark moves to amend the bill (Senate, No. 1766) by adding the following new section:-

SECTION XX. Chapter 6C of the General Laws, as so appearing, is hereby amended by striking out section 20 in its entirety and inserting in place thereof the following section:-

SECTION 20. Except as otherwise provided by law, any sale of real property shall be awarded, utilizing appropriate, competitive, and customarily acceptable real estate disposition processes and procedures, to the bidder who is the highest responsible bidder subject to any restrictions, covenants, or conditions the department shall find that sound reasons in the public interest require. Such processes and procedures may include, but shall not be limited to, absolute auction, sealed bids and requests for price and development proposals. The department shall have the right to reject all bids submitted under such processes and procedures and to re-advertise for bids. Before any real property shall be so sold or conveyed, notice that such real property is for sale shall be publicly advertised in a newspaper with a circulation sufficient to inform the people of the city or town in which the real property to be sold is located, once a week for 3 successive weeks. Such advertisements shall state the time and place where all pertinent information relative to the real property to be sold or conveyed may be obtained, the time and location of the auction, or the time and place for the submission of such bids and for the opening thereof, and that the department reserves the right to reject any or all such bids. After the execution of a sale agreement completing such transaction, all bids relating thereto shall be retained by the department and shall be open to inspection by the public until the expiration of such agreement or six months from the date thereof, whichever occurs first, and may thereafter be destroyed by the department. The department may require, as evidence of good faith, that a deposit of a reasonable sum, to be fixed by the department, accompany the proposals or bids. This paragraph shall not be applicable to any sale of real property by the department to the commonwealth or any city, town or public instrumentality nor to a sale of real property which is determined by the department to have a fair market value of $5,000 or less.

ADOPTED
Roll Call #33 [19 YEAS - 15 NAYS]
Redraft Clerk #87

Border Tolls

Ms. Spilka and Messrs. Petruccelli and McGee moves to amend the bill (Senate, No. 1766) by inserting after section 6 the following section:-

SECTION 6A.Section 30 of said chapter 6C, as so appearing, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) Subject to the approval of the board the secretary may: (1) operate and administer the programs of roadway design, construction, repair, maintenance, capital improvement, development, and planning through the division of highways and other agencies within the department, as appropriate; (2) coordinate and supervise the administration of the department and its agencies to promote economy and efficiency and to leverage federal funding; (3) pursuant to chapter 30A, make, amend and repeal rules and regulations for the management and administration of the department and agencies within the department; (4) execute all instruments necessary for carrying out the business of the department and its agencies; (5) acquire, own, hold, dispose of, lease and encumber property in the name of the department and its agencies; (6) enter into agreements with commissions, offices, boards, divisions, authorities and other entities within the department to improve divisions, agencies, administrative efficiency and program effectiveness and to preserve fiscal resources; (7) enter into agreements and transactions with federal, state and municipal agencies and other public institutions and private individuals, partnerships, firms, corporations, associations and other entities on behalf of the department or its agencies; (8) apply for and accept funds, including grants, on behalf of the commonwealth in accordance with applicable law; and (9) fix and revise from time to time and charge and collect tolls for transit over the following roadways: interstate highway route 90 at the commonwealth’s border with New York; interstate highway route 84 at the commonwealth’s border with Connecticut; interstate highway route 93 at the commonwealth’s border with New Hampshire; interstate highway route 95 at the commonwealth’s borders with New Hampshire and Rhode Island; interstate highway route 91 at the commonwealth’s borders with Connecticut and Vermont; interstate highway route 395 at the commonwealth’s border with Connecticut; interstate highway route 295 at the commonwealth’s border with Rhode Island; state highway route 24 at the commonwealth’s border with Rhode Island; state highway route 3 at the commonwealth’s border with New Hampshire;interstate highway route 7 at the commonwealth’s borders with Connecticut and Vermont; and interstate highway Route 146 at the commonwealth’s border with Rhode Island. The secretary may delegate any of the foregoing powers to an officer having charge of a division, office or other administrative unit within the department.

ADOPTED
Clerk #88

In-State Mass Transit Vehicle Repair

Ms. Spilka and Mr Donnelly move to amend the bill (Senate, No. 1766) by inserting at the end thereof the following section:-

SECTION XX. The secretary of the department of transportation shall study the feasibility of establishing one or more facilities for the purposes of overhaul and other major repair, manufacture or assembly, installation, and upgrade of mass transit vehicles in order to ensure that safe, modern and efficient vehicles are in service in adequate numbers to meet the needs of citizens of the commonwealth. The secretary shall file report on the findings with the governor, the joint committee on transportation and the house and senate committees on ways and means by June 30, 2014. The study shall consider the possibility of utilizing existing funding sources to direct maintenance and repair projects to existing facilities within the commonwealth and shall estimate the funding needed to create appropriate facilities for manufacture, assembly or major overhaul projects. The report shall include an estimate of the number of jobs related to creating the infrastructure necessary to perform this work in the commonwealth, the number of permanent jobs needed to create and maintain mass transit vehicles in the commonwealth, and the ancillary economic impact of operating such facilities in the commonwealth.

ADOPTED
2nd Redraft Clerk #89

MassDOT Revenue Benchmarks

Ms. Spilka, Mr. Donnelly, Ms. Lovely, Ms. Clark, and Messrs. Petruccelli and McGee move to amend the bill (Senate, No. 1766) by striking out section 52 and inserting in place thereof the following section:-

(b) The benchmarks in subsection (a) may be achieved through any combination of revenue increases under subsection (c) and savings to the department’s operating budget; provided, that the department shall submit a preliminary report of savings to the operating budget by October 1 of each fiscal year and a final report of savings to the operating budget by January 1 of each fiscal year. Those preliminary and final reports shall be submitted to the house and senate committees on ways and means and the joint committee on transportation.

(c) The revenue generated to meet the benchmarks in subsection (a) may be derived from: (i) fees collected by the registrar of motor vehicles under section 34 of chapter 90 of the General Laws; (ii) funds available to the registry of motor vehicles through the Motor Vehicle Inspection Trust Fund under section 61 of chapter 10 of the General Laws; and (iii) any other funds directly collected by the department; provided, however,that no fundscollected through increases to tolls charged and collected as of January 1, 2013 under section 13 of chapter 6C of the General Laws shall be counted towards the benchmarks in subsection (a); provided, further that any revenue collected from tolls for transit on roads not tolled as of July 1, 2013 shall count towards the benchmarks in subsection (a).”

Rejected
FURTHER Clerk #89.1

MassDOT Revenue Benchmarks

Ms. Chang-Díaz, Ms. Jehlen, and Messrs. Donnelly and Keenan move to amend the pending amendment (No. 89, by Ms. Spilka) by inserting at the end thereof the following:-

“and in Section 53 by striking subsection (c) and inserting in place thereof the following subsection:-

(c) The revenue generated to meet the benchmarks in subsection (a) may be derived from any funds collected by the authority through fees and other funds directly collected by the authority; provided, however, such revenue shall not include funds contributed to the Massachusetts Bay Transportation Authority State and Local Contribution Fund under section 35T of chapter 10 of the General Laws; provided further that such revenue shall not be derived by an increase in fares or a reduction in services offered by the authority.”

Rejected
Clerk #90

Dual Rear Wheel Trucks

Mr. Richard T. Moore moves to amend the bill (Senate, No. 1766) by inserting, at the end thereof, the following new section:-

SECTION X. Section 1 of chapter 90 of the General Laws is hereby amended by adding the following new definition:-

"Commercial Motor Vehicle," shall mean any motor vehicle which is not a private passenger motor vehicle, antique motor car, motorcycle, auto home, house trailer, taxicab, ambulance, hearse, livery vehicle, or school pupil transport vehicle. A commercial motor vehicle shall include the following vehicles:

(a) The vehicle has a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds; or

(b) The vehicle is designed to transport more than 15 passengers, including the driver; or

(c) The vehicle is used in the transportation of hazardous materials in a quantity requiring placarding in accordance with the Hazardous Materials Regulations of the United States Department of Transportation. Any commercial motor vehicle that singularly has a gross vehicle weight rating of 10,001 pounds or less and is designed to meet emissions standards, shall be submitted for an emissions inspection in addition to all applicable safety inspection requirements; or

(d) A single, full or semi-trailer, used in commerce, with a manufacturer's gross vehicle weight rating over 3,000 lbs; or

(e) Any vehicle which has a vehicle weight, or curb weight, of more than six thousand pounds, as per the manufacturer's description of said vehicle, unless such vehicle is a sport utility vehicle or passenger van, or a pickup truck or cargo van meeting the definition of private passenger vehicle; or

(f) Any vehicle which has five or more wheels on the ground.

Notwithstanding the aforementioned vehicles, a dual rear wheel pick-up truck registered by an individual other than a business, and not used for commercial purposes, shall not be classified as a commercial vehicle for purposes of registration.

Rejected
Clerk #91

Protections for Elderly and Disabled Transit Riders

Ms. Spilka, Mr. Donnelly, Ms. Clark and Ms. Creem move to amend the bill (Senate, No. 1766) by inserting at the end thereof the following section:-

Section XX. The paratransit fares of the Massachusetts Bay Transportation Authority and the Regional Transit Authorities shall not exceed:

(a) The regular adult single ride local bus cash fare for persons who reside in the commonwealth and whose income does not exceed 200 per cent of the Federal Poverty Guidelines as published and updated by the United States Department of Health and Human Services;

(b) One and one-half times the regular adult single ride local bus cash fare for persons who reside in the commonwealth and whose income is above 200 per cent and does not exceed 300 per cent of the Federal Poverty Guidelines as published and updated by the United States Department of Health and Human Services; and

(c) Twice the regular adult single ride local bus cash fare for persons who reside in the commonwealth and whose income exceeds 300 per cent of the Federal Poverty Guidelines as published and updated by the United States Department of Health and Human Services.

ADOPTED
Clerk #92

Preserve Protections for Toll Payers

Ms. Spilka, Messrs. Donnelly and Eldridge, Ms. Clark and Mr. Ross move to amend the bill (Senate, No. 1766) by striking SECTION 5, SECTION 48, and SECTION 59 in their entirety.

ADOPTED
Clerk #93

Overpass Advertising

Mr. Richard T. Moore moves to amend the bill (Senate, No. 1766) by inserting, at the end thereof, the following new section:-

SECTION X. Notwithstanding any general or special law to the contrary, the department of transportation shall conduct a feasibility study of advertising along bridge overpasses throughout the commonwealth’s highway system, as permitted within federal rules and regulations. Said study shall include an analysis of which routes would be most appropriate for advertising, the amount of revenue that may be generated from such a policy and any rules or regulations which may restrict or prohibit such a policy. Said feasibility study shall be completed by December 31, 2013, and shall be filed with the clerks of the house and senate, the house and senate chairs of the joint committee on transportation, and the house and senate committees on ways and means.

ADOPTED
Clerk #94

Regional Transit Authorities

Ms. Spilka, Mr. Donnelly, Ms. Clark and Mr. Wolf move to amend the bill (Senate, No. 1766) by inserting at the end thereof the following sections:-

SECTION XX. Section 5 of chapter 161B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by deleting the second paragraph and inserting in place thereof the following paragraph:-

“One representative of the disabled commuter population shall serve on the advisory board as a voting member for a 1 year term. Such person shall have 1 vote on the advisory board. Every city or town in the region, on a rotating basis as determined by the board, shall appoint a representative successively; provided that the representative of the disabled commuter population and the representative of the rider community shall not be appointed by the same city or town in the region. The mayor or city manager and the chairman, town manager or town administrator shall appoint a resident of the city or town for this purpose. This representative shall be mobility impaired or have a family member who is mobility impaired, be a caretaker of a person who is mobility impaired, or work for an organization that serves the needs of the physically disabled. The representative of a city or town may be reappointed after representatives from the other cities and towns within the region have served their 1 year terms.”

SECTION XX. Said section 5 is further amended by inserting after the second paragraph the following paragraph:-

“One representative of the rider community population shall serve on the advisory board as a voting member for a 1 year term. Such person shall have 1 vote on the advisory board. Every city or town in the region, on a rotating basis as determined by the board, shall appoint a representative successively; provided that the representative of the disabled commuter population and the representative of the rider community shall not be appointed by the same city or town in the region. The mayor or city manager and the chairman, town manager or town administrator shall appoint a community rider for this purpose from a list of at least 5 persons nominated by the Massachusetts State AFL-CIO and its regional councils. The representative of a city or town may be reappointed after representatives from the other cities and towns within the region have served their 1 year terms.”

Rejected
Clerk #95

Toll Discount

Ms. Spilka and Mr. Michael Moore moves to amend the bill (Senate, XXXX) by inserting at the end thereof the following section:-

SECTION XX. Section 13 of Chapter 6C of the General Laws, as appearing in the 2010 Official Edition, is hereby amended in subsection (b) by striking the words “so called.” in line 84 and inserting in place thereof the following:- “so called; and provided further, that the department shall provide a 20 per cent discount on all tolls in effect for Massachusetts residents who reside in a municipality traversed by any tolled asset and who participates in the department’s electronic toll collection system.”

SECTION XX. Notwithstanding any general or special law to the contrary, each regional transit authority, hereinafter referred to as RTA, established under chapter 161B of the General Laws shall develop a comprehensive regional transit plan in consultation with the appropriate regional planning agency, the department of transportation, local employers and the business associations, labor organizations, and transit authority riders. The regional transit plan shall include but not be limited to: (1) a comprehensive assessment of transit services; (2) a thorough examination of the ridership trends for each line and service provided by the RTA; (3) a performance analysis of existing services; (4) the development and evaluation of alternative service scenarios; (5) the development of a recommendation to better align service with local and regional demand; (6) the commonwealth’s environmental policies; (7) fare rates and collection methods; (8) the region’s job creation goals and employment needs; and (9) a determination of whether the RTA’s service is deployed in the most effective way possible to accommodate the transit needs of the region’s workforce. The development of the plan shall include public hearings in different regions of the commonwealth and the opportunity to comment on a draft report.

ADOPTED
Redraft Clerk #96

Tax Fairness Commission

Ms. Spilka, Ms. Chandler, Mr. Wolf, Mr. Donnelly, Ms. Clark, Ms. Creem, Ms. Jehlen, andMr. Eldridgemove to amend the bill (Senate, No.1766) by inserting after section 58 the following section:-

“SECTION 58A. There shall be a tax fairness commission tostudy the federal, state and local tax laws applicable to residents of the commonwealth. The commission shall review and evaluate the equity of historical tax rates and methods in relation to the changing income and wealth of residentsof the commonwealth since 1990.The commission shall examine the experiences and policy efforts of other states relating to tax fairness.

The commission shall file a report with the clerks of the house and senate on or before March 1, 2014. The report shall include, but not be limited to, the following: (i) the total amount of taxes currently paid by individuals at various income levels; (ii) the effects that making changes to tax laws would have on individuals of all income levels; (iii) the changes in revenue collected by the commonwealth as a result of tax law revisions; (iv) the adequacy of revenue generated by individuals, businesses and any other tax types; (v) tax rates necessary to fund investment in public infrastructure; (vi) tax rates necessary to promote prosperity for all residents; (vii) restrictions on tax changes under Article XLIV of the constitution of the commonwealth; (viii) recommendations for changes in statute to achieve an equitable and adequate system of taxation; and (ix)the best practices of other states.

The commission shall be comprised of the following members: the secretary of administration and finance or the secretary’s designee; the minority leader of the house of representatives or a designee; the minority leader of the senate or a designee; the chairs of the house and senate committees on ways and means or the chair’s designees; the house and senate chairs of the joint committee on revenue, or the chairs’ designees,who shall serve as co-chairs of the commission;a representative of the Massachusetts Budget and Policy Center; a representative of the Massachusetts Taxpayers Foundation;a representative of the Dukakis Center for Urban and Regional Policy; a representative of the Pioneer Institute; and 4 members designated by the governor, 1 of whom shall represent labor and 2of whom shall have expertise in economics or tax policy.”

Rejected
Roll Call #34 [4 YEAS - 30 NAYS]
2nd Re-draft Clerk #97

Capital Investment Projects

Mr. Ross moves to amend the bill (Senate 1766) by striking in SECTION 53 in line 409 the following “33 per cent” and inserting in place thereof the following :- 50 per cent

Further amend the bill in Section 58 by inserting after the word “Laws” the following words:- provided however that the funds shall not be expended until at least two of the benchmarks outlined in SECTION 53 are met

Rejected
Clerk #98

Commuter Rail Audit Commission

Mr. Tarr and Ms. Clark moves to amend the bill (Senate, No. 1766) by adding the following section:-

SECTION ___. Notwithstanding any general or special law to the contrary, this is hereby established the Massachusetts’ Commuter Rail Audit Commission, which shall consist of the Auditor, the Inspector -General, and the Attorney General or their designees. The purpose of the commission shall be to ensure that any and all contracts for transportation entered into by the MBTA are cost-effective and maximize value for the citizens of the Commonwealth.

Said commission shall audit and review the current and all future proposed contracts by the Massachusetts Bay Transit Authority to determine any potential factors currently present or proposed which would have the effect of reducing or minimizing competition for award of such contracts. Such examination shall include but not be limited to the timely availability of information, statutory, regulatory or other impediments for maximizing efficiency, and the use of fixed pricing and other contract terms.

In conducting its examination the commission shall to the maximum extent possible, consult with entities which have submitted expressions of interest for one or more contracts and which have not subsequently submitted bids for such contracts.

The commission shall submit a report detailing its findings together with any legislative recommendations to the clerks of the House and Senate not later than April 1, 2014.

ADOPTED
Redraft Clerk #99

Tolling

Mr. McGee, Ms. Creem and Mr. Petruccellimove to amend the bill (Senate No., 1766) by inserting after the enacting clause the following 3 sections:-

“SECTION 1: Section 3 of chapter 6C of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the words “turnpike corridor”, in line 74, the following words:- or a metropolitan highway system community, as appropriate.

SECTION 1A: Said section 3 of said chapter 6C, as so appearing, is hereby further amended by inserting after the word “turnpike”, in line 76, the following words:- or metropolitan highway system, as appropriate,.

SECTION 1B: Said section 3 of said chapter 6C, as so appearing, is hereby further amended by inserting after the word “accepted”, in line 78, the following words:- ; provided further, that the department shall not implement all-electronictolling nor open-roadtolling on the metropolitan highway system or turnpike prior to: (i) pursuing approval from the Federal Highway Administration to toll additional interstate highways within the commonwealth; (ii) developing a comprehensive tolling program on additional interstate and limited access state highways within the commonwealth, which considers equity issues, revenue benchmarks established by state law, current policy objectives, diversion issues, cost and consistency with the current highway program; (iii) examining a regional value pricing program, electronic tolling program, road pricing program and other available tolling options; and (iv) developing a toll feasibility analysis as a part of the highway project selection and the project finance decision making and inclusion of such analysis in the evaluation of all projects as part of the 5-year highway capital improvement program.”;

And by striking out, in lines 1 and 2, the words “SECTION 1. Section 3 of chapter 6C of the General Laws, as appearing in the 2010 Official Edition” and inserting in place thereof the following words:- “SECTION 1C. Said section 3 of said chapter 6C, as so appearing”.

Clerk #100

WITHDRAWN

Rejected
Clerk #101

Realizing Reform

Messrs. Tarr, Hedlund, Knapik and Ross move to amend the bill (Senate, No. 1766) in subsection (a) of section 52 by striking the figures “47,48,50,51,51” respectively, and inserting in place thereof the figures “49,50,52,53,54”; and

further in section 52 by adding the following subsection:-

(d) The operating expenses on wages in the department shall not be increased at any time the department is not exceeding the benchmarks in subsection (a); and further

in subsection (a) of section 53 by striking the figures “31.5,33,33.25,32.75,34” respectively, and inserting in place thereof the figures “33,34,35,37,38”; and

further in section 53 by adding the following subsection:-

(d) The operating expenses on wages in the authority shall not be increased at any time the authority is not exceeding the benchmarks in subsection (a).

ADOPTED
Clerk #102

Underground Storage Tank CPI Adjustment

Ms. Creem, Mr. Eldridge and Ms. Clark moves to amend the bill (Senate, No. 1766) by inserting the following new language:-

SECTION 10A. Section 2 of chapter 21J of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting the following new subsection:

(F) Underground Storage Tank fees shall be adjusted at the beginning of each calendar year, beginning by the percentage, if any, by which the Consumer Price Index for the preceding year exceeds the Consumer Price Index for the calendar year that ends before such preceding year; provided however, that the Consumer Price Index for any calendar year shall be as defined in section 1 of the Internal Revenue Code;

And by striking out, in line 471, the year “2014” and inserting in place thereof the following year:- “2013”.

ADOPTED
Roll Call #30 [26 YEAS - 6 NAYS]
FURTHER CLERK #102.1

Underground Storage Tank CPI Adjustment

Mr. McGee moves to amend the amend the pending amendment (No.102) by striking out the text and inserting in place thereof the following text:-

"by inserting after section 9 the following section:-

SECTION 9A.Subsection (A) of section 2 of chapter 21J of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the first sentence the following sentence:-

The fee imposed under this paragraph shall be adjusted at the beginning of each calendar year, by the percentage, if any, by which the Consumer Price Index for the preceding year exceeds the Consumer Price Index for the calendar year that ends before such preceding year.”; and

in section 65 by striking out the words “Section 29”, in line 478, and inserting in place thereof the following words:-

“Sections 9A and 29”.

Rejected
Clerk #103

MBTA FISCAL HEALTH

Mr. Tarr moves to amend the bill (Senate, No. 1766) by adding the following section:-

“SECTION__. The MBTA shall file a report with the legislature detailing present, planned, and foreseeable activities to increase its self-sufficiency and decrease its dependence on state subsidization and fare increases. Said report shall include, but not be limited to, methods for increased fare collections; the cultivation and implementation of opportunities for sponsorships of facilities, programs, venues and properties; an analysis of employee compensation, including but not limited to, overtime payments, health care benefits, pensions and other benefits; the privatization of some or all of the operations of the MBTA; and any and all other actions being considered or pursued to improve the sustainability of services provided by the MBTA within its current and projected fiscal constraints. This report shall be filed with the clerk of the senate and the clerk of the house of representatives, the joint committee on transportation, and the senate and house ways and means committees no later than 180 days following the effective date of this act.”

Clerk #104

WITHDRAWN

Clerk #105

WITHDRAWN

Rejected
Clerk #106

Unstamped Cigarettes

Mr. Tarr moves to amend the bill (Senate, No. 1766) by inserting before the word “cigarettes” in lines 376, 379, and 381, the following word:- unstamped”

ADOPTED
3rd Redraft Clerk #107

Fare Increase Cap

Ms. Clark, Ms. Chang- Diaz and Ms. Jehlen move to amend the bill (Senate No., 1766) by striking out section 53 and inserting in place thereof the following section:-

“SECTION 53. (a) Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall, in the authority’s budget as approved by the board of directors under section 20 of chapter 161A of the General Laws, ensure that the budget includes sufficient revenue from sources of revenue listed in subsection (c) to meet the following benchmarks: (i) in fiscal year 2014, the authority shall contribute 31.5 per cent of the authority’s operating budget; (ii) in fiscal year 2015, the authority shall contribute 33 per cent of the authority’s operating budget; (iii) in fiscal year 2016, the authority shall contribute 33.25 per cent of the authority’s operating budget; (iv) in fiscal year 2017, the authority shall contribute 32.75 per cent of the authority’s operating budget; and (v) in fiscal year 2018, the authority shall contribute 34 per cent of the authority’s operating budget.

(b) The benchmarks in subsection (a) may be achieved through increasing non-fare revenues, increasing total fare revenues through ridership growth, increasing fare levels while accounting for potential loss of ridership from fare increases or from savings to the authority’s operating budget; provided, however, that the authority shall submit a preliminary report of savings to the operating budget by October 1 of each fiscal year and a final report of savings to the operating budget by January 1 of each fiscal year. Those preliminary and final reports of savings shall be submitted to the house and senate committees on ways and means and the joint committee on transportation. Nothing in this section shall be construed to relieve the authority of any legal requirements it must fulfill under state or federal law prior to increasing fares or eliminating service.

(c) The revenue generated to meet the benchmarks in subsection (a) may be derived from any funds collected by the authority through fees and fares and any other funds directly collected by the authority; provided, however, that such revenue shall not include funds contributed to the Massachusetts Bay Transportation Authority State and Local Contribution Fund under section 35T of chapter 10 of the General Laws.

Clerk #108

WITHDRAWN

Rejected
REDRAFT Clerk #109

Gas Tax and Median Income

Senator Tarr moves to amend the bill (Senate 1766) by striking SECTION 28 in its entirety.

Further amend the bill in SECTION 29 by striking everythingafter the word “words” in line 268 to 272 and inserting in place there of the following:- “shall not increase when in the preceding two year period the median household income for the commonwealth has decreased”

ADOPTED
Redraft Clerk #110

Corrective Amendment

Mr. Brewer moves to amend the bill (Senate, No. 1766) in section 8 by inserting after the word “thereof”, in line 91, the following words:- “within or outside the limits of such highway”; and

by striking out sections 10 and 11 and inserting in place thereof the following 4 sections:-

“SECTION 10. ubsection (C) of said section 2 of said chapter 21J, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:-
The department shall deposit the receipts from the delivery fee imposed under the first paragraph of subsection (A) into the Commonwealth Transportation Fund established in section 2ZZZ of chapter 29 and shall deposit the receipts from the annual storage tank fee imposed under the second paragraph of subsection (A) into the General Fund.

SECTION 11. Said section 2 of said chapter 21J, as so appearing, is hereby further amended by striking out subsection (D).

SECTION 11A. Section 14 of said chapter 21J, as so appearing, is hereby amended by striking out, in line 1, the word “fees,”.

SECTION 11B. Said section 14 of said chapter 21J, as so appearing, is hereby further amended by striking out, in lines 2 to 4, inclusive, the words “treasury to the credit of the fund in accordance with the provisions of section two S of chapter twenty-nine” and inserting in place thereof the following words:- General Fund.”; and

in section 13 by inserting after the figure “1997”, in line 134, the following words:-“; provided, further, that if in a fiscal year the amount credited to the fund under this subsection is less than $459,000,000, then the comptroller shall transfer an amount from the General Fund to make up the difference between the amount credited to the fund and $459,000,000, not later than September 1 of the following fiscal year”; and

by striking out section 29 and inserting in place thereof the following section:-

“SECTION 29. Said section 1 of said chapter 64A, is hereby further amended, by inserting after the word “gallon”, the second time it appears, in line 98, as so appearing, the following words:- , adjusted at the beginning of each calendar year, by the percentage, if any, by which the Consumer Price Index for the preceding year exceeds the Consumer Price Index for the calendar year that ends before such preceding year; provided, that the Consumer Price Index for any calendar year shall be as defined in section 1 of the Internal Revenue Code; provided further, that the tax shall not be less than 21 cents per gallon.”; and

by inserting after section 35 the following section:-

“SECTION 35A. Section 7G of said chapter 81, as so appearing, is hereby amended by striking out, in line 2, the word “public”.”; and

in section 44, by inserting after the word “Transportation”, in line 332, the following words:- “or in which the department has a sufficient easement interest”; and

in section 49 by striking out the words “department’s office of real estate and asset development”, in lines 345 and 346, and inserting in place thereof the following word:- “department”; and

by inserting after section 58 the following 2 sections:-

“SECTION 58C. Notwithstanding any general or special law to the contrary, not less than $20,000,000 may be transferred, under section 2E of the general appropriations act for fiscal year 2014, to the Massachusetts Department of Transportation Trust Fund, established in section 4 of chapter 6C of the General Laws, to: (a) support the debt service related to increased distributions for local road and bridge projects in fiscal year 2014; or (b) support the debt service related to other transportation capital improvement projects.

SECTION 58D. Notwithstanding any general or special law to the contrary, the comptroller shall transfer $75,000,000 from the General Fund to the Commonwealth Transportation Fund, established in section 2ZZZ of chapter 29 of the General Laws, not later than July 1, 2014 and shall transfer $56,000,000 from the General Fund to the Commonwealth Transportation Fund, established in said section 2ZZZ of said chapter 29, not later than July 1, 2015.”.

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Amendment S.1766 188th (2013 - 2014)

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Amendment S.1766 188th (2013 - 2014)

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Bill Information