Budget Amendment ID: FY2014-S3-493
TRP 493
MassDOT Workforce
Messrs. Petruccelli and Michael O. Moore moved that the proposed new text be amended by inserting, at the end thereof the following new section:-
“Section XX. The Department of Transportation shall report to the joint committee on transportation a transition plan for the existing toll collection workforce before the Department implements an open road tolling system. The report shall include a plan to offer training to such employees for new positions available in the department under any open road or free-flow system. Said report shall be filed with said joint committee on or before January 1, 2014.”
Budget Amendment ID: FY2014-S3-494
TRP 494
Main Street in Boylston
Ms. Chandler moved that the proposed new text be amended in section 2E, in item 1595-6368, by adding at the end thereof the following:- "provided further, that the MassDOT highway division shall restore a crosswalk located on Main Street in the Town of Boylston."
Budget Amendment ID: FY2014-S3-495
TRP 495
LEGAL RESIDENCY DEFINITION
Messrs. Tarr, Hedlund, Knapik and Ross moved that the proposed new text be amended by inserting, after section __, the following new section:-
“SECTION__. Section 1 of chapter 90 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the definition for “Electronic Message”, the following definition:-
“Legal residence” a person who is a citizen or permanent legal resident of the United States or is otherwise legally present in the United States under federal immigration laws.”
Budget Amendment ID: FY2014-S3-497
TRP 497
Public Private Partnership
Messrs. Tarr, Hedlund, Knapik and Ross moved that the proposed new text be amended inserting after section _ the following new section:-
“SECTION _. Section 73 of chapter 6C of the General Laws, as so appearing, is hereby amended by striking the sixth, seventh and eighth paragraphs and inserting in place thereof the following:-
The report shall be delivered within 30 days of the commission’s approval of a request for proposal for design-build-finance-operate-maintain or design-build-operate-maintain services to the secretary for administration and finance, the house committee on ways and means, the senate committee on ways and means, and the joint committee on transportation.”
; and further, by inserting after section _ the following new section:
“SECTION __. Chapter 7, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 55 the following new section:-
Section 55A. Notwithstanding sections 52 to 55, inclusive, or any other general or special law to the contrary, a request for proposal for design-build-finance-operate-maintain or design-build-operate-maintain services approved by the public-private partnership infrastructure oversight commission, pursuant to section 73 of chapter 6C, shall not be subject to the provisions of section 52 to 55, inclusive.”
Budget Amendment ID: FY2014-S3-498
TRP 498
Department of Transportation Surplus Land
Mr. Ross moved that the proposed new text be amended by adding the following new 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.
Budget Amendment ID: FY2014-S3-499
TRP 499
Taxi Industry Competition
Messrs. Tarr and Hedlund moved that the proposed new text be amended by inserting after section _ 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.
Budget Amendment ID: FY2014-S3-500
TRP 500
MWRTA Pilot Program for Training
Ms. Spilka moved that the proposed new text be amended in section 2, by inserting the following new line item:-
“xxxx-xxxx For a pilot program to assist the training, placement, and development of a professional, proficient and technically competent workforce that will support the existing and emerging staffing and labor needs of the Massachusetts public transportation sector; provided, that such program shall be established and operated by the MetroWest Regional Transit Authority (MWRTA); provided further, that said Authority shall work with agencies and organizations and public higher education institutions that have developed expertise and documented successful outcomes in job training and placement, including curriculum, coursework, and practical application skills development; provided further, that such program shall provide special outreach to veterans and to diverse populations in the MetroWest region that have mobility and transportation challenges, including people with certain disabilities, the economically disadvantaged, cultural and linguistic minorities, and others; and provided further, special consideration will be given to private sectors companies willing to participate with matching funds or in kind resources to accomplish the goal of this legislation…. $100,000”
Budget Amendment ID: FY2014-S3-501
TRP 501
Protections for Elderly and Disabled Transit Riders
Ms. Spilka and Messrs. McGee and Donnelly and Ms. Chandler and Ms. Chang-Diaz and Messrs. Michael O. Moore, Petruccelli and Rodrigues and Ms. Jehlen and Messrs. Knapik and Rush and Ms. Clark and Messrs. Joyce and Timilty and Ms. Lovely and Messrs. Brownsberger, Kennedy and Welch and Ms. Creem and Ms. Candaras and Messrs. DiDomenico, Wolf and Finegold moved that the proposed new text be amended by inserting, after section __, the following new section:-
“Section __. 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.”
Budget Amendment ID: FY2014-S3-502
TRP 502
Enhancing Melanie's Law
Messrs. Hedlund and Knapik moved that the proposed new text be amended by inserting after section ___, the following new section:-
SECTION ___. Section 24 (1)(a)(1) of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting at the end of the first paragraph the following sentence:--- Any sentence imposed for the above offense shall not run concurrent with a sentence for any prior or subsequent conviction or assignment to an alcohol or controlled substance education program for any like offense in this Commonwealth or any other jurisdiction.
SECTION ___. Section 24 (1)(a)(1) of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by deleting the fourth, fifth, sixth and seventh paragraphs and inserting the following paragraphs in their place:---
If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation preceding the date of conviction or assignment in the instant case, the defendant shall be punished by a fine of not less than six hundred nor more than ten thousand dollars and by imprisonment for not less than sixty days nor more than two and one-half years; provided, however, that the sentence imposed upon such person shall not be reduced to less than thirty days, nor suspended, nor shall any sentence run concurrent with a sentence for any prior or subsequent conviction for any like offense in this Commonwealth or any other jurisdiction, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until such person has served thirty days of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such thirty day sentence to the extent such resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth, or any other jurisdiction because of a like offense two times preceding the date of conviction or assignment in the instant case, the defendant shall be punished by a fine of not less than one thousand nor more than fifteen thousand dollars and by imprisonment for not less than one hundred and eighty days nor more than two and one-half years or by a fine of not less than one thousand nor more than fifteen thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than one hundred and fifty days, nor shall any sentence run concurrent with a sentence for any prior or subsequent conviction for any like offense in this Commonwealth or any other jurisdiction, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served one hundred and fifty days of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative, to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such one hundred and fifty days sentence to the extent such resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense three times preceding the date of conviction or assignment in the instant case, the defendant shall be punished by a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by imprisonment for not less than two years nor more than two and one-half years, or by a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than twelve months, nor suspended, nor shall any sentence run concurrent with a sentence for any prior or subsequent conviction for any like offense in this Commonwealth or any other jurisdiction, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until such person has served twelve months of such sentence; provided, further, that the commission of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such twelve months sentence to the extent that resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers.
If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense four or more times preceding the date of conviction or assignment in the instant case, the defendant shall be punished by a fine of not less than two thousand nor more than fifty thousand dollars and by imprisonment for not less than two and one-half years or by a fine of not less than two thousand nor more than fifty thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than twenty years; provided, however, that the sentence imposed upon such person shall not be reduced to less than twenty-four months, nor suspended, nor shall any sentence run concurrent with a sentence for any prior or subsequent conviction for any like offense in this Commonwealth or any other jurisdiction, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served twenty-four months of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such twenty-four months sentence to the extent that resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers.
SECTION ___. Section 24 (1)(c)(1) of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by replacing the words “preceding the date of the commission of the offense for which he has been convicted,” in line 5 with the following words:- “at any time,”.
SECTION ___. Section 24 (1)(c)(2) of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by replacing the words “preceding the date of the commission of the offense for which he has been convicted,” in line 4 with the following words:- “at any time,”.
SECTION ___. Section 24 (1)(c)(3) of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by replacing the words “preceding the date of the commission of the offense for which he has been convicted,” in line 4 with the following words:- “, at any time,”.
SECTION ___. Section 24 (1)(c)(3½) of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by replacing the words “preceding the date of the commission of the offense for which he has been convicted,” in line 4 with the following words:- “, at any time,”.
SECTION ___. Section 24 (1)(c)(3¾) of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by replacing the words “preceding the date of the commission of the offense for which he has been convicted,” in lines 4 and 5 with the following words:- “, at any time,”.
SECTION ___. Section 24 (1)(c)(4) of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by replacing the word, “corrobating” in the second to last line with the following word:--- “corroborating”.
SECTION ___. Section 24 (1)(f)(1) of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by replacing the word, “restistrar” in line 29 with the following word:- “registrar”.
SECTION ___. Section 24 (1)(f)(1) of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by deleting the last paragraph containing the following language:
No license or right to operate shall be restored under any circumstances and no restricted or hardship permits shall be issued during the suspension period imposed by this paragraph; provided, however, that the defendant may immediately, upon the entry of a not guilty finding or dismissal of all charges under this section, section 24G, section 24L, or section 13½ of chapter 265, and in the absence of any other alcohol related charges pending against said defendant, apply for and be immediately granted a hearing before the court which took final action on the charges for the purpose of requesting the restoration of said license. At said hearing, there shall be a rebuttable presumption that said license be restored, unless the commonwealth shall establish, by a fair preponderance of the evidence, that restoration of said license would likely endanger the public safety. In all such instances, the court shall issue written findings of fact with its decision.
Budget Amendment ID: FY2014-S3-503
TRP 503
Ignition Interlock
Messrs. Hedlund and Knapik moved that the proposed new text be amended by inserting after section ___, the following new sections:-
SECTION ___. Paragraph c of Subsection 1 of Section 24 of Chapter 90 of the General Laws is hereby amended by striking out subparagraph 1, as appearing in the 2006 Official Edition, and inserting in place thereof the following subparagraph:-
(c) (1). Where the license or right to operate has been revoked under section twenty-four D or twenty-four E, or revoked under paragraph (b) and such person has not been convicted of a like offense or has not been assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction preceding the date of the commission of the offense for which he has been convicted, the registrar shall not restore the license or reinstate the right to operate to such person unless the prosecution of such person has been terminated in favor of the defendant, until one year after the date of conviction; provided, however, that such person may, after the expiration of three months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or educational purposes, which license shall be effective for not more than an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control, and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of six months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary. A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license.
SECTION ___. Chapter 90 of the General Laws is hereby amended by striking out section 241/2, as appearing in the 2006 Official Edition, and inserting in place thereof the following section:-
241/2. No person whose license has been suspended in the commonwealth or any other jurisdiction by reason of: an assignment to an alcohol or controlled substance education, treatment or rehabilitation program; or a conviction for violating paragraph (a) of subdivision (1) of section 24, subsection (a) of section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in violation of subsection (b) of said section 24G, section 24L, section 13 1/2 of chapter 265, subsection (a) of section 8 of chapter 90B, section 8A or 8B of chapter 90B or, in the case of another jurisdiction, for any like offense, shall be issued a new license or right to operate or have his license or right to operate restored unless a certified ignition interlock device has been installed on each vehicle owned, each vehicle leased and each vehicle operated by that person as a precondition to the issuance of a new license or right to operate or the restoration of such person’s license or right to operate. A certified ignition interlock device shall be installed on all vehicles owned, leased and operated by the licensee for a period of 6 months if he has not previously been assigned or convicted, and for a period of 2 years if he has previously been so assigned or convicted and person restricted by a certified ignition interlock device shall have such device inspected, maintained and monitored in accordance with such regulations as the registrar shall promulgate. The registrar may, after hearing, revoke for an extended period or for life, the license of whoever removes such device or fails to have it inspected, maintained or monitored on at least 2 occasions during the period of the restricted license or right to operate if the licensee has operated or attempted to operate a vehicle with a blood alcohol level that caused the certified ignition interlock device to prohibit a vehicle from starting on at least 2 occasions or that recorded a blood alcohol level in excess of.02 on at least 2 occasions. A person aggrieved by a decision of the registrar pursuant to this section may file an appeal in the superior court of the trial court department. If the court determines that the registrar abused his discretion, the court may vacate the suspension or revocation of a license or right to operate or reduce the period of suspension or revocation as ordered by the registrar.
SECTION ___. Section 24(D) of Chapter 90 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the fourth paragraph the following paragraph:-
A mandatory restriction on a hardship license granted by the registrar under this section shall be that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license.
Budget Amendment ID: FY2014-S3-504
TRP 504
X-Registration
Messrs. Hedlund, Tarr and Knapik moved that the proposed new text be amended by inserting after section ___, the following new section:-
SECTION ___. Section 2 of chapter 90 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the first and second paragraphs and inserting in place thereof the following 2 paragraphs:—
Applications for the registration of motor vehicles and trailers may be made by the owner thereof. If the owner is a corporation, sole proprietorship or business entity, the application shall contain, in addition to such other particulars as may be required by the registrar, the name of the corporation, sole proprietorship or business entity and the full address, including the street, city or town, state and zip code. If the owner is a sole proprietorship, the application shall contain a social security number and contain an employer identification number or federal tax identification number from the Internal Revenue Service, if one has been issued. If the applicant is a natural person, the application shall contain, in addition to such other particulars as may be required by the registrar, the name of the applicant, full residential address, date of birth and license number or identification card number issued by the registrar, if such license or card has been issued. The application of a natural person shall also contain the apartment number or unit number if the applicant’s address is in an apartment house, family hotel, condominium or a residential flat or is in a combined business and residential property. Except as otherwise provided in this chapter, no registration shall be issued to a natural person for a motor vehicle or trailer unless such person holds a license, identification card issued under section 8E, social security number issued by Social Security Administration or other proof of legal residence issued under the authority of the federal or state governmental agency; provided, however, that the registrar shall provide by regulation for exemptions for out-of-state students, military personnel, senior citizens and disabled persons; provided, further, that the registrar may provide by regulation additional exemptions which would be consistent with the purpose of this section. The application shall also contain a brief description of the motor vehicle or trailer to be registered, including the name of the maker, such number or numbers as may be required by the registrar to properly identify the vehicle, the character of the motor power and the type of transmission and a statement signed by the applicant under the penalties of perjury that no excise tax liabilities on such motor vehicle are outstanding and incurred by the applicant, a member of the applicant’s immediate family who is a member of the applicant’s household or any business partner of 'the applicant. The registration fee, as required under section 33, shall accompany such application. Applicants for registration shall also comply with chapter 90D.
The registrar or the registrar’s duly authorized agents shall keep a record of motor vehicles and trailers that satisfy application requirements, assign to each motor vehicle and trailer a distinguishing mark or number to be known as the register number for that vehicle or trailer, and shall thereupon issue to the applicant a certificate of registration. If the owner is a corporation, sole proprietorship or business entity, the certificate shall contain the name and address of the corporation, sole proprietorship or business entity and the register number or mark and shall be in such form and contain such further information as the registrar may determine. If the owner is a natural person, the certificate shall contain the name, place of residence and address of the applicant and the register number or mark and shall be in such form and contain such further information as the registrar may determine.
Budget Amendment ID: FY2014-S3-505-R1
Redraft TRP 505
Head Injury Trust
Ms. Chandler and Ms. Clark moved that the proposed new text be amended by inserting after section 68 the following section:-
“SECTION 68A. Section 20 of chapter 90 of the General Laws, is hereby amended by striking out the figure “$37.50”, inserted by section 96 of chapter 139 of the acts of 2012, and inserting in place thereof the following figure:- $50.00.”; and
by inserting after section 69 the following section:-
“SECTION 69A. Section 24 of said chapter 90 is hereby amended by striking out the figure “$187.50”, inserted by section 97 of said chapter 139, and inserting in place thereof, in each instance, the following figure:- $250.”; and
by inserting after section 141 the following section:-
“SECTION 141A. Sections 68A and 69A shall take effect on March 1, 2014.”
Budget Amendment ID: FY2014-S3-506-R2
2nd Redraft TRP 506
Berkshire Rides
Mr. Downing moved that the proposed new text be amended in section 2E, in item 1595-6368, by inserting at the end thereof the following:-
"provided further that $194,364 be expended to ensure continued operation of job access transportation services provided by berkshire regional transit authority"; and in said item, by striking out the figure "$244,922,851" and inserting in place thereof the figure "$245,117,215"
Budget Amendment ID: FY2014-S3-507-R2
2nd Redraft TRP 507
Establishment of a Road Usage Charge/Mileage-Based User Fee Pilot Program by the Massachusetts Department of Transportation
Mr. Kennedy moved that the proposed new text be amended amended by inserting after section 139 the following section:-
“SECTION 139A. (a) The Massachusetts Department of Transportation shall develop a plan for a pilot program to evaluate a mileage-based user fee or road usage charge, which is based upon or derived from the number of miles traveled by a motor vehicle. The planned pilot program shall include up to 1,000 persons to test 1 or more of the proposed methods for determining a mileage-based user fee or road usage charge.
(b) A program shall: (1) test the reliability, ease of use, cost and public acceptance of new technologies; (2) test methods for determining or estimating the number of miles traveled; (3) establish a mileage-based user fee or road usage charge; (4) recommend protections for the data collected and reported under the pilot program; (5) recommend appropriate and effective protections to ensure drivers’ privacy; (6) run for at least 12 months; and (7) include a plan for variable pricing based upon the environmental impact of a vehicle as deemed appropriate by the Massachusetts Department of Transportation.
(c) The Massachusetts Department of Transportation shall file the plan, which shall include, but not be limited to: the feasibility of permanently assessing a vehicle mileage-based user fee or road usage charge as an alternative to the gas tax; an evaluation of the impacts of such a fee on the economy; an evaluation of the impact on the environment and traffic congestion; a comparison to other alternatives or supplements to the gas tax, by filing the same with the clerks of the senate and house of representatives, not later than 30 months from the effective date of this act.”
Budget Amendment ID: FY2014-S3-508
TRP 508
Road Menaces
Messrs. Tarr, Hedlund and Knapik moved that the proposed new text be amended by inserting after section _ the following sections:-
SECTION 1. Section 22F of Chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is herby amended by striking out, in line 57, the word “four” and inserting in place thereof the following word:- five.
SECTION 2. Section 22F of Chapter 90, as so appearing, is herby further amended by striking out, in lines 66-68, the following sentence:-
An appeal to the superior court may be had, in accordance with the provisions of chapter thirty A, from any order of the registrar of motor vehicles made under the provisions of this section.
SECTION 3. Section 22F of Chapter 90, as so appearing, is hereby further amended by inserting at the end thereof the following paragraph:-
Any person previously deemed an habitual offender under this section who has not had their license or right to operate a motor vehicle restored to them by the registrar for a period of more than 5 years and who is convicted of operating a motor vehicle while under the influence of intoxicating liquor or narcotic drugs in violation of paragraph (a) of subdivision (1) of section 24; operating a motor vehicle recklessly or negligently so that the lives and safety of the public might be endangered; making a false statement in an application for a learner’s permit or motor vehicle operator’s license or in an application for a registration of a motor vehicle; going away without making known his name, residence and the registration number of his vehicle after knowingly colliding with or otherwise causing injury to any person, other vehicle or property, all in violation of paragraph (a) of subdivision (2) of section 24; operating a motor vehicle after suspension or revocation of the person’s motor vehicle operator’s license or his right to operate motor vehicles in violation of section 23; operating a motor vehicle without a license in violation of section 10; or the commission of any felony in the commission of which a motor vehicle is used, shall be deemed a level 3 habitual traffic offender and the registrar shall immediately revoke such person’s license or right to operate and shall not issue a new license or reinstate the right to operate for a period up to life but not less than 5 years from the date of revocation, nor until such person has satisfactorily completed a driver improvement course approved by the registrar and has passed such examination as to his competence to operate motor vehicles as the registrar may require.
Any person previously deemed an habitual offender under this section who has not had their license or right to operate a motor vehicle restored to them by the registrar for a period of more than 5 years and who is convicted of 3 or more convictions of offenses which are required by any provision of law to be reported to the registrar and for which the registrar is authorized or required to suspend or revoke the person’s license or right to operate motor vehicles for a period of 30 days or more, shall be deemed a level 2 habitual offender and the registrar shall immediately revoke such person’s license or right to operate and shall not issue a new license or reinstate the right to operate to such person for a period of not less than 5 years from the date of revocation nor more than 15 years from such date of revocation, nor until such person has satisfactorily completed a driver improvement course approved by the registrar and has passed such examination as to his competence to operate motor vehicles as the registrar may require. Provided further, that any person previously deemed a level 2 habitual offender under this section who has not had their license or right to operate a motor vehicle restored to them by the registrar for a period of 5 years and is convicted of operating a motor vehicle while under the influence of intoxicating liquor or narcotic drugs in violation of paragraph (a) of subdivision (1) of section 24; operating a motor vehicle recklessly or negligently so that the lives and safety of the public might be endangered; making a false statement in an application for a learner’s permit or motor vehicle operator’s license or in an application for a registration of a motor vehicle; going away without making known his name, residence and the registration number of his vehicle after knowingly colliding with or otherwise causing injury to any person, other vehicle or property, all in violation of paragraph (a) of subdivision (2) of section 24; operating a motor vehicle after suspension or revocation of the person’s motor vehicle operator’s license or his right to operate motor vehicles in violation of section 23; operating a motor vehicle without a license in violation of section 10; or the commission of any felony in the commission of which a motor vehicle is used; or 2 or more convictions of offenses which are required by any provision of law to be reported to the registrar and for which the registrar is authorized or required to suspend or revoke the person’s license or right to operate motor vehicles for a period of 30 days or more, shall be deemed a level 3 habitual offender and the registrar shall immediately revoke such person’s license or right to operate and shall not issue a new license or reinstate the right to operate for a period up to life but not less than 5 years from the date of revocation, nor until such person has satisfactorily completed a driver improvement course approved by the registrar and has passed such examination as to his competence to operate motor vehicles as the registrar may require. The registrar may revoke from any level 3 habitual offender who has had their license or right to operate restored and who commits an automobile law violation, as defined in section 1 of chapter 90C, the license or right to operate for a period up to life. The registrar may further issue to any habitual traffic offender who has satisfied the durational license revocation requirements provided for in this section a new license or reinstate such person’s right to operate under such terms and conditions as the registrar deems appropriate and necessary. Nothing in this section shall limit the authority of the registrar to revoke a license or right to operate or issue a new license or reinstate the right to operate under section 24 of chapter 90. An appeal to the superior court may be had, in accordance with the provisions of chapter 30A, from any order of the registrar of motor vehicles made under the provisions of this section.
Budget Amendment ID: FY2014-S3-509-R1
Redraft TRP 509
The Ride eligibility for those in nursing homes
Ms. Jehlen and Mr. Joyce moved that the proposed new text be amended by inserting after section 139 the following section:-
“SECTION 139A. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority, in consultation with the Massachusetts office on disability, shall investigate alternatives to the current eligibility review for The Ride for those living in nursing homes and other institutional settings. The authority shall review feasible alternatives that would reduce the burdens associated with applying for eligibility for those living in nursing homes and other institutional settings, including, but not be limited to, eliminating the required trip to The Ride eligibility center, holding eligibility screenings in various locations, waiving the in-person interview for residents of certain facilities and holding eligibility screenings at nursing homes and other institutional settings. The authority shall submit its findings to the joint committee on elder affairs and the joint committee on transportation not later than January 1, 2014”.
Budget Amendment ID: FY2014-S3-510
TRP 510
Dual Rear Wheel Trucks
Mr. Richard T. Moore moved that the proposed new text be amended 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.
Budget Amendment ID: FY2014-S3-511
TRP 511
Veteran's Indicator
Mr. Richard T. Moore moved that the proposed new text be amended in section 67 by inserting at the end thereof the following:-
"Any fees associated with applying for an amended license for the purpose of obtaining a veteran’s indicator shall be equal to or less than the fee required for a license without such designation, and may be waived for any veteran over the age of 70."; and
in section 68 by inserting at the end thereof the following:-
"Any fees associated with applying for an amended identification for the purpose of obtaining a veteran’s indicator shall be equal to or less than the fee required for an indentification without such designation, and may be waived for any veteran over the age of 70."
Budget Amendment ID: FY2014-S3-512-R1
Redraft TRP 512
Requiring The Ride to contract with other transportation service providers
Ms. Jehlen and Mr. Joyce moved that the proposed new text be amended by inserting after section 90 the following section:-
“SECTION 90A. Chapter 161A of the General Laws is hereby amended by adding the following section:-
Section 50. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Paratransit services”, transportation services provided to individuals with disabilities who, as the result of a physical or mental impairment, including vision impairment, are unable to board, ride or disembark from a vehicle in the authority's regular transportation system without the assistance of another individual, except the operator of a wheelchair lift or other boarding assistance device.
“Transportation service provider”, any entity that provides paratransit services, or any aspect of paratransit services, to the users of paratransit services within the authority’s service area.
(b) The authority shall attempt to provide better paratransit services at an efficient rate by contracting with transportation service providers. The contracts shall reduce the operating costs of providing paratransit services, while maintaining or improving the level of service. The authority may enter into contracts for specific aspects of paratransit services and for paratransit services in specific geographic areas.
(c) The authority shall draft uniform standards which shall apply to all transportation service provider contracts. The uniform standards shall be approved by the office of the attorney general and the office of inspector general. The uniform standards shall include, but not be limited to, provisions related to: the proper use of contract funds; proper accounting procedures; personnel practices; purchasing procedures; and conflict of interest rules.
(d) As a condition to its receipt of funds, each transportation service provider shall agree to follow the uniform standards. The authority shall establish, in each transportation service provider’s contract, performance criteria, which shall be specific to the transportation service provider.
(e) The authority shall solicit paratransit service contracts through a request for proposals. If the authority determines through the request for proposals process that no proposal meets the requirements of this subsection, then the authority shall not award a contract at that time but may issue a new request for proposals in the future, at its discretion. The authority shall accept each proposal that meets all of the following criteria:
(i) the proposal, when fully implemented, shall reduce the operating expenses associated with providing paratransit services;
(ii) the proposal, when fully implemented, shall not: (A) reduce the level of paratransit services or the reliability of paratransit services currently provided by the authority; (B) increase the costs of a trip to paratransit service users, except through the normal rate setting process of the authority; or (C) increase the burden to the community; and
(iii) the proposal addresses factors that affect the community including, but not limited to: (A) safety requirements, including driver qualifications, vehicle safety and any relevant permits or licenses; (B) insurance coverage on the transportation service provider, the vehicles used by the transportation service provider, and the drivers or subcontractors employed by the transportation service provider; and (C) the compensation and benefits that drivers receive, including whether drivers typically derive income from gratuities from riders and how that loss of income shall be addressed under the proposed contract.
If 2 or more otherwise acceptable proposals be incompatible, the authority shall choose the proposal that provides the greatest overall value to the commonwealth.
(f) All contracts entered into under this section shall be reviewed by the office of inspector general and shall be for terms not longer than 5 years; provided, however, that the contract may provide for the renewal of the contract at the discretion of the authority; provided further, that renewals shall be for terms not longer than 10 years; and provided further, that nothing in this subsection shall preclude a transportation service provider from re-applying to provide services under a new contract.
(g) Transportation service providers may enter into additional contracts with the commonwealth or any regional transit authorities to provide additional services.”; and
by inserting after section 139 the following section:-
“SECTION 139A. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall, not later than July 1, 2014, publish and release a solicitation for paratransit service contracts under section 50 of chapter 161A of the General Laws.
The Massachusetts Bay Transportation Authority may implement the bidding process as a phased, multi-step process, which may include a request for information that would inform the development of a request for proposals.”