HOUSE DOCKET, NO. 1105        FILED ON: 1/15/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2429

The Commonwealth of Massachusetts

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PRESENTED BY:

Josh S. Cutler and John F. Keenan

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to Community Preservation Act funding and the promotion of regional services.

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PETITION OF:

HOUSE DOCKET, NO. 1105        FILED ON: 1/15/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2429

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to Community Preservation Act funding and the promotion of regional services.

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

SECTION 1.  Section 23 of chapter 546 of the acts of 1969 is hereby repealed.

SECTION 2.  Section 1 of chapter 64D of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 12, the word “two dollars” and inserting in place thereof the following words:- $2.75

SECTION 3.  Said section 1 of said chapter 64D, as so appearing, is hereby further amended by striking out, in line 14, the word “two dollars” and inserting in place thereof the following words:- $2.75

SECTION 4.  Said section 1 of said chapter 64D, as so appearing, is hereby further amended by striking out, in line 15, the word “one dollar and fifty cents” and inserting in place thereof the following words:- $2.50

SECTION 5.  Section 11 of chapter 64D of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 9, the word “10.625” and inserting in place thereof the following word:- 5

SECTION 6.  Said section 11 of chapter 64D, as so appearing, is hereby further amended by striking out, in line 35, the word “10.625” and inserting in place thereof the following word:- 5

SECTION 7.  Said section 11 of chapter 64D, as so appearing, is hereby further amended by striking out, in line 43, the words “The remaining percentage of taxes collected under this chapter, including all taxes collected under this chapter in Barnstable and Suffolk counties and all counties the government of which has been abolished by chapter 34B or other law, but not including the additional excise authorized in section 2 of chapter 163 of the acts of 1988, shall be transmitted to and retained by the General Fund in accordance with section 10.” and inserting in place thereof the following words:- Fifteen percent of the taxes collected under this chapter, excluding taxes collected under this chapter in Barnstable county, shall be transmitted to the Massachusetts Community Preservation Trust Fund, established in section 9 of Chapter 44B. Sixteen and one half per cent percent of the taxes collected under this chapter in Barnstable county shall be transmitted to the Massachusetts Community Preservation Trust Fund, established in section 9 of Chapter 44B. The remaining percentage of taxes collected under this chapter, including all taxes not dedicated to the Massachusetts Community Preservation Trust Fund collected under this chapter in Barnstable and Suffolk counties and all counties the government of which has been abolished by chapter 34B or other law, but not including the additional excise authorized in section 2 of chapter 163 of the acts of 1988, shall be transmitted to and retained by the General Fund in accordance with section 10.

SECTION 8.  Said section 11 of chapter 64D of the General Laws, as so appearing, is hereby further amended by striking out, in line 52, the word “10.625” and inserting in place thereof the following word:- 5

SECTION 9.  Said section 11 of chapter 64D, as so appearing, is hereby further amended by striking out, in line 77, the word “10.625” and inserting in place thereof the following word:- 5

SECTION 10.  Said section 11 of chapter 64D, as so appearing, is hereby further amended by striking out, in line 84, the words “The remaining percentage of taxes collected under this chapter, including all taxes collected under this chapter in Barnstable and Suffolk counties and all counties the government of which has been abolished by chapter 34B or other law, but not including the additional excise authorized in section 2 of chapter 163 of the acts of 1988, shall be transmitted to and retained by the General Fund in accordance with section 10.” and inserting in place thereof the following words:- Fifteen percent of the taxes collected under this chapter, excluding taxes collected under this chapter in Barnstable county, shall be transmitted to the Massachusetts Community Preservation Trust Fund, established in section 9 of Chapter 44B. Sixteen and one half per cent percent of the taxes collected under this chapter in Barnstable county shall be transmitted to the Massachusetts Community Preservation Trust Fund, established in section 9 of Chapter 44B. The remaining percentage of taxes collected under this chapter, including all taxes not dedicated to the Massachusetts Community Preservation Trust Fund collected under this chapter in Barnstable and Suffolk counties and all counties the government of which has been abolished by chapter 34B or other law, but not including the additional excise authorized in section 2 of chapter 163 of the acts of 1988, shall be transmitted to and retained by the General Fund in accordance with section 10.

SECTION 11.  Said chapter 64D is hereby further amended by striking out section 12, as so appearing, and inserting in place thereof the following section:-

Section 12. (a) Notwithstanding any general or special law to the contrary, of that portion of the amounts deposited in the Deeds Excise Fund for each county from revenues collected pursuant to this chapter which represents 5 per cent of the taxes collected: (1) not more than 29.5 per cent of the deposits shall be disbursed and expended for meeting the costs of the operation and maintenance of the county; and (2) not less than 70.5 per cent shall be disbursed and expended for the automation, modernization and operation of the registries of deeds.

(b) Notwithstanding any general or special law to the contrary, with respect to funds appropriated for the purposes designated in clause (2) of subsection (a) and which are not dedicated to the Deeds Excise Fund in each county under section 11, the county budget shall provide a continuing amount of expenditure of not less than 102.5 per cent of the amount expended for that purpose in the preceding fiscal year.

SECTION 12.  Section 79 of chapter 4 of the acts of 2003 is hereby repealed.

SECTION 13.  Subsection (a) of section 8 of chapter 44B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following sentence:- No surcharge shall apply to a deed, instrument or writing subject to taxation under chapter 64D of the General Laws.

SECTION 14.  Subsection (b) of section 8 of chapter 44B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following sentence:- No surcharge shall apply to a deed, instrument or writing subject to taxation under chapter 64D of the General Laws.

SECTION 15.  Section 38 of chapter 262 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 12, the words “For recording a deed or conveyance, $100;” and inserting in place thereof the following words:- “For recording a deed or conveyance when the consideration of the interest or property conveyed, exclusive of the value of any lien or encumbrance remaining thereon at the time of the sale, exceeds one hundred dollars, $120;

For recording a deed or conveyance when the consideration of the interest or property conveyed, exclusive of the value of any lien or encumbrance remaining thereon at the time of the sale, does not exceed one hundred dollars, $100;”

SECTION 16.  Section 39 of chapter 262 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 39, the words “For the entry of a new certificate of title, including issue of one duplicate, $100.” and inserting in place thereof the following words:- “For the entry of a new certificate of title, including issue of one duplicate when the consideration of the interest or property conveyed, exclusive of the value of any lien or encumbrance remaining thereon at the time of the sale, exceeds one hundred dollars, $120.

For the entry of a new certificate of title, including issue of one duplicate when the consideration of the interest or property conveyed, exclusive of the value of any lien or encumbrance remaining thereon at the time of the sale, does not exceed one hundred dollars, $100.”

SECTION 17. This act shall take effect upon its passage; provided, however, that sections 9, 10 and 11 shall take effect on July 1, 2024.