Skip to Content


HOUSE DOCKET, NO. 3448         FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3096

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Joseph F. Wagner

_______________

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 the Massachusetts Department of Transportation.

_______________

PETITION OF:

 

Name:

District/Address:

Joseph F. Wagner

8th Hampden


HOUSE DOCKET, NO. 3448        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3096

By Mr. Wagner of Chicopee, a petition (accompanied by bill, House, No. 3096) of Joseph F. Wagner relative to the Massachusetts Department of Transportation.  Transportation. 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act relative to the Massachusetts Department of Transportation.
 

              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.              Said section 2 of said chapter 6C, as so appearing, is hereby further amended by striking out, in the first sentence of subsection (b), the word “four” and inserting in place thereof the following words:- A majority of.

              SECTION 2.              Section 27 of said chapter 6C, as so appearing, is hereby amended by inserting the following subsection:-

              (c) Notwithstanding section 168 of chapter 175 or any other general or special law to the contrary, the department shall be exempt from any fees or taxes associated with surplus lines insurance; provided, however, that the exemption shall extend to any insurance broker for any insurance premium tax or surplus lines tax being incurred or having been incurred by the insurance broker as a result of the insurance having been procured, placed, negotiated, continued or renewed for or on behalf of the department.

              SECTION 3.  The second sentence of subsection (c) of section 29 of said chapter 6C, as so appearing, is hereby amended by inserting after the word ‘determine’ the following words:- “, in accordance with section 46C of chapter 30,”.

              SECTION 4.              Section 37 of said chapter 6C, as so inserted, is hereby amended by striking out said section, and inserting in place thereof the following section:-

              There shall be within the department a highway division, which shall perform such functions as the secretary may determine in relation to the administration, implementation and enforcement of the department’s authority over state highways. The division shall be under the supervision and control of the administrator. The administrator shall be the executive and administrative head of the division and shall be responsible for administering and enforcing the provisions of law relative to the division and to each administrative unit thereof. The duties given to the administrator in this chapter and in any other general or special law shall be exercised and discharged subject to the direction, control and supervision of the secretary.

              The administrator shall be exempt from chapter 31 and the position of administrator shall be classified in accordance with section 45 of chapter 30. The administrator shall be appointed with due regard to his fitness, by reason of his experience in matters relating to transportation infrastructure, including roads and bridges, such as the construction, operations or financing thereof, or such other relevant experience to assist in the efficient exercise of his powers and duties. The administrator shall administer this section and the General and Special Laws, rules and regulations that grant powers to or impose duties upon the division, subject to the supervision of the secretary.

              SECTION 5.              Section 51 of said chapter 6C, as so appearing, is hereby amended by striking out said section and inserting in place thereof the following section:-

              Section 51. As used in sections 52 to 54, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

              “Division”, the rail and transit division.

              “Administrator”, the administrator for the rail and transit division.

              SECTION 6.              Section 52 of said chapter 6C, as so appearing, is hereby amended by striking out said section and inserting in place thereof the following section:-

              Section 52.  There shall be within the department a rail and transit division, which shall perform such functions as the secretary may determine in relation to the administration, implementation and enforcement of the department’s authority over mass transit systems. The division shall be under the supervision and control of the administrator. The administrator shall be the executive and administrative head of the division and shall be responsible for administering and enforcing the provisions of law relative to the division and to each administrative unit thereof. The duties of the administrator in this chapter and in any other general or special law shall be exercised and discharged subject to the direction, control and supervision of the secretary.

              The administrator shall be exempt from chapter 31 and the position of administrator shall be classified in accordance with section 45 of chapter 30. The administrator shall be appointed with due regard to his fitness, by reason of his experience in matters relating to rail transportation and mass transit, including the development of rail and transit properties and infrastructure, and the operations or financing thereof, or such other relevant experience to assist in the efficient exercise of his powers and duties. The administrator shall administer this section and the General and Special Laws, rules and regulations that grant powers to or impose duties upon the division, subject to the supervision of the secretary.

              SECTION 7.              Section 53 of said chapter 6C, as so appearing, is hereby amended by striking out the third sentence, and inserting in place thereof the following sentence:-

              The division shall oversee and coordinate the activities of the Massachusetts Bay Transportation Authority established pursuant to chapter 161A and the regional transit authorities and regional transit authority council established pursuant to chapter 161B.

              SECTION 8.              Section 54 of said chapter 6C, as so appearing, is hereby amended by striking out said section and inserting in place thereof the following section:-

              Section 54. The administrator may from time to time, subject to the approval of the secretary, establish within the division such administrative units as may be necessary for the efficient and economical administration of the division and, when necessary for such purpose, may abolish any such administrative unit or may merge any 2 or more units, as the administrator deems advisable. Each such unit shall be under the direction, control and supervision of the director.  The director shall assign to all officials, agents and employees of the units their respective duties. The administrator shall prepare and keep current a statement of the organization of the division, of the assignment of its functions to its various administrative units, offices and employees, and of the places at which and the methods whereby the public may receive information or make requests. Such statement shall be known as the division’s description of organization.

              SECTION 9.              Section 55 of said chapter 6C, as so appearing, is hereby amended by striking out said section and inserting in place thereof the following section:-

              Section 55.  As used in sections 56 to 57, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

              “Registry”, the registry of motor vehicles division.

              “Administrator”, the administrator for the registry of motor vehicles division, who shall also be known as the registrar of motor vehicles.

              SECTION 10.              Section 56 of said chapter 6C, as so appearing, is hereby amended by striking out said section and inserting in place thereof the following section:-

              Section 56.  There shall be within the department a registry of motor vehicles division, which shall perform such functions as the secretary may determine in relation to the administration, implementation and enforcement of the department’s authority over motor vehicles. The registry shall be under the supervision and control of the administrator. The administrator shall be the executive and administrative head of the registry and shall be responsible for administering and enforcing the provisions of law relative to the registry and to each administrative unit thereof. The duties given to the administrator in this chapter and in any other general or special law shall be exercised and discharged subject to the direction, control and supervision of the secretary. The administrator shall appoint a deputy registrar, assistant to the registrar, hearings officers and supervising inspectors and may appoint such other officers and employees as may be necessary to carry out the work of the registry. In the event of a vacancy in the office of registrar, his powers and duties shall be exercised and performed by the deputy registrar until a registrar is duly qualified.

              The administrator shall be exempt from chapter 31 and the position of administrator shall be classified in accordance with section 45 of chapter 30. The administrator shall be appointed with due regard to his fitness, by reason of his experience in matters relating to motor vehicle laws, or by reason of his training, experience, capacity, and interest in the field of administration or administering the laws relating to motor vehicles, or such other relevant experience to assist in the efficient exercise of his powers and duties. The administrator shall administer this section and the General and Special Laws, rules and regulations that grant powers to or impose duties upon the division, subject to the supervision of the secretary.

              SECTION 11.              Section 7 of chapter 161A of the General Laws, as most recently amended by section 108 of chapter 25 of the acts of 2009, is hereby amended by striking out said section, and inserting in place thereof the following section:-

              Section 7.  The authority shall be governed and its corporate powers exercised by the board of directors of the Massachusetts Department of Transportation.

              Notwithstanding the foregoing, terms of the initial November 1, 2009  appointments to the board shall be staggered, as provided in section 160 of chapter 25 of the acts of 2009, as amended by section 44 of chapter 120 of the acts of 2009.

              SECTION 12.              Section 139 of said chapter 25 of the acts of 2009 is hereby amended by striking out said section and inserting in place thereof the following section:-

              Section 139. Notwithstanding the provisions of any general or special law to the contrary, employees of the Massachusetts Department of Transportation as defined in Section 1 of chapter 6C of the General Laws who are hired after the effective date of this act shall become members of the Massachusetts State Employee’s retirement system, and notwithstanding the provisions of any general or special law to the contrary including, but not limited to, paragraph (c) of subdivision (8) of attributable to said service of such employees. The liabilities attributable to any other service of such employees shall be recoverable by the commonwealth pursuant to the terms of paragraph (c) of subdivision (8) of section 3 of chapter 32 of the General Laws.

              SECTION 13.              Section 150 of chapter 25 of the acts of 2009 is hereby amended by striking out subsections (e) and (f) and inserting in place thereof the following three subsections:-

              (e)  Ownership, possession and control of all books, papers, records, documents, equipment, buildings, facilities, cash and other property, both personal and real, including all such property held in trust, which immediately before the effective date of this act are in the custody of each transferor agency shall pass to, and be vested in, the Massachusetts Department of Transportation without consideration or further evidence of transfer and shall thereafter be in the possession and control of the Massachusetts Department of Transportation.

              (f)  All duly existing contracts, leases and obligations of each transferor agency shall continue in effect but shall be assumed by the Massachusetts Department of Transportation. No existing right or remedy of any character shall be lost, impaired or affected by this act. The Massachusetts Department of Transportation shall have authority to exercise all rights and enjoy all interests conferred upon each transferor agency by the contracts, leases or obligations.

              (g)  The transfer of the assets, liabilities, obligations and debt of each transferor agency to the Massachusetts Department of Transportation under this act shall be effective upon the effective date of this act and shall bind all persons with or without notice and without any further action or documentation.

              SECTION 14.              Section 159 of chapter 25 of the acts of 2009 is hereby amended by striking out said section and inserting in place thereof the following section:-

              Section 159. (a) Effective upon the date of dissolution of the Massachusetts Turnpike Authority: (1) the Massachusetts Turnpike Authority employees' retirement system shall be dissolved; (2) all members of the Massachusetts Turnpike Authority Employees’ Retirement System shall become members of the Massachusetts State Employees’ Retirement System; (3) the management of benefits of the dissolved Massachusetts Turnpike Authority employees' retirement system shall be transferred to the state board of retirement in section 18 of chapter 10 of the General Laws which board shall have with respect thereto the general powers and duties set forth in subdivision (5) of section 20 of said chapter 32; (4) all data, files, papers and records and other materials of the Massachusetts Turnpike Authority retirement board provided for in paragraph (b) of subdivision (41/2) of said section 20 of said chapter 32 shall be transferred to and held by the state board of retirement; (5) ownership and control of all the assets of the dissolved Massachusetts Turnpike Authority Employees’ Retirement System in the custody of the secretary-treasurer of the authority shall be transferred to the Pension Reserves Investment Management Board and be made assets of the Massachusetts State Employees’ Retirement System; (6) the Massachusetts Turnpike authority retirement board in said paragraph (b) of subdivision (4 1/2) of said section 20 of said chapter 43 shall be abolished; provided, however, that the members and officers thereof shall continue to be authorized to do all such things and take all such action as may be necessary or desirable to be done or taken by them to effectuate the transfers to be made pursuant to this section; and (7) the public employee retirement administration commission shall conduct an audit related to the dissolution of the Massachusetts Turnpike Authority Employees’ Retirement System and the transfer of its assets.

              (b) Effective upon the date of dissolution of the Massachusetts Turnpike Authority, the payment of all annuities, pensions, retirement allowances and refunds of accumulated total deductions and of any other benefits granted under the sections 1 to 28, inclusive, of said chapter 32 are hereby made obligations of the commonwealth.

              SECTION 15.              Section 160 of chapter 25 of the acts of 2009, as most recently amended by section 44 of chapter 120 of the acts of 2009, is hereby amended by striking out said section, and inserting in place thereof the following section:-

              Section 160.  Notwithstanding any general or special law to the contrary, in making initial appointments to the boards of directors of the Massachusetts Department of Transportation established in chapter 6C and Massachusetts Bay Transportation Authority established pursuant to chapter 161A of the General Laws, the governor shall appoint 1 member for a term of 1 year, 1 member for a term of 2 years, 1 member for a term of 3 years, 1 member for a term of 4 years and 1 member for a term of 5 years.

The information contained in this website is for general information purposes only. The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Error