HOUSE DOCKET, NO. 1236        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3808

The Commonwealth of Massachusetts

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PRESENTED BY:

Bradley H. Jones, Jr.

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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 amending Chapter 336 of the Acts of 1939 concerning the establishment of the Lynnfield Center Water District.

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PETITION OF:

HOUSE DOCKET, NO. 1236        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3808

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act amending Chapter 336 of the Acts of 1939 concerning the establishment of the Lynnfield Center Water District.

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 9 of chapter 336 of the acts of 1939, an act establishing the Lynnfield center water district, is hereby amended by inserting at the end of the first sentence the following words:- provided however, that any commissioner elected at said annual district meeting shall be required to be a registered voter in said district for no less than thirty days prior to the meeting, and further that if the annual district meeting is rescheduled for the protection of public health or safety or by order of the Governor, the thirty day period shall not be affected and shall continue to be calculated based on the date of the originally scheduled meeting.   

SECTION 2.  Section 9 of said act is hereby amended by striking the fourth sentence and inserting in place thereof the following sentence:- The district shall elect by ballot at the appropriate annual district meeting a clerk of the district to serve for a term of three years.

SECTION 3:  Section 9 of said act is hereby amended by striking the fifth sentence and inserting in place thereof the following sentences:- The board of water commissioners shall appoint a treasurer of the district for a term not to exceed three years, who shall not simultaneously serve as a water commissioner.  The treasurer shall give bond to the district within ten days of their appointment for the faithful performance of their duties in a form and amount as approved by the board of water commissioners from a surety company authorized to transact business in the commonwealth as surety. 

SECTION 4.  Section 10 of said act is hereby amended by striking out the third sentence in its entirety and inserting in place thereof the following sentence:- If there should be a net surplus remaining after providing for the aforesaid charges, the net surplus shall be used for the purpose of funding any budget deficits, capital projects, expenses, retained earnings or any other lawful purpose as the board of water commissioners may determine.

SECTION 5.  Section 11 of said act is hereby amended by striking said section in its entirety and replacing it with the following:- The district may adopt by-laws, prescribing by whom and how meetings of the district may be called, notified and conducted.  The board of commissioners shall insert in the warrant for the annual district meeting and for any special district meeting all subjects the insertion of which shall be requested of them in writing by one hundred registered voters or by ten per cent of the total number of registered voters of the district whichever number is the lesser.  The board of water commissioners shall call a special district meeting upon request in writing, of two hundred registered voters of the district or of twenty per cent of the total number of registered voters of the district, whichever number is the lesser; such meeting to be held not later than forty-five days after the receipt of such request, and the board of water commissioners shall insert in the warrant therefor all subjects the insertion of which shall be requested by said petition.  No action taken by a district meeting shall be valid unless the subject matter thereof is contained in the warrant for said meeting.  Two or more distinct district meetings for distinct purposes may be called by the same warrant.

The written requests of registered voters for the insertion of subjects in district meeting warrants shall not be valid unless the required number of registered voters not only sign their names but also state their residence, with street and number, if any.  The board of water commissioners shall submit such written requests to the board of registrars of voters, the board of election commissioners or town clerk who shall check and forthwith certify to the clerk of the district the number of signatures so checked which are names of voters in the district, and only names so checked and certified shall be counted.  A greater number of names than are required in each case need not be certified.

The district may also establish rules and regulations for the management of its water works, not inconsistent with this act or with any other provision of law, and may choose such other officers not provided for in this act as it may deem necessary and proper. 

SECTION 6.  Section 12 of said act is hereby amended by striking out the words “and upon conviction of any of the above willful or wanton acts shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months” and inserting in place thereof the following words:- and shall be subject to penalties in amounts determined by regulations adopted by said board of water commissioners.

SECTION 7.  The position of elected district treasurer shall be abolished as of the effective date of this act; provided, however, that for purposes of implementing this act, any person holding the office of elected treasurer shall serve as the first appointed treasurer for a period of time equivalent to the remainder of their unexpired term or their sooner vacating of the office.  Thereafter, the position of treasurer shall be appointed as provided in chapter 336 of the acts of 1939 as amended by section 4 of this act.

SECTION 8.  This act shall take effect upon its passage.