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  • Acts
  • 2002
  • Chapter 429 AN ACT RELATIVE TO CERTAIN TRUST FUNDS AND OTHER MATTERS.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the use of certain trust funds and other matters, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.


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. Chapter 9 of the General Laws is hereby amended by inserting after section 2B the following section:-

Section 2C. The state secretary may receive and expend grants, gifts, contributions, bequests, and in-kind contributions from individuals, corporations or other business entities, foundations and from state or other governmental bodies for the purpose of furthering, expanding and promoting the archives museum.

The state secretary may also sell, transfer, or license merchandise including images, copies and facsimilies of historic records and other items. All monies received from such activities may be retained and expended by the state secretary for said purposes.

The state secretary is also authorized to form a non-profit corporation for the sole purpose of raising funds that will further, expand and promote the archives museum. Upon its formation, said corporation shall be governed by chapter 180. The board of directors shall consist of 5 members, 3 of whom shall be appointed by the state secretary. The remaining 2 members shall be elected by the appointed board members. Said directors shall not be compensated for the performance of their duties. The directors and officers shall not as a result of their positions with the corporation be considered state employees or special state employees for the purposes of sections 4, 6, 7 and 23 of chapter 268A.

SECTION 2. Section 9 of chapter 258 of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Public employers may indemnify public employees, and the commonwealth shall indemnify persons holding office under the constitution, from personal financial loss, all damages and expenses, including legal fees and costs, if any, in an amount not to exceed $1,000,000 arising out of any claim, action, award, compromise, settlement or judgment by reason of an intentional tort, or by reason of any act or omission which constitutes a violation of the civil rights of any person under any federal or state law, if such employee or official or holder of office under the constitution at the time of such intentional tort or such act or omission was acting within the scope of his official duties or employment. No such employee or official, other than a person holding office under the constitution acting within the scope of his official duties or employment, shall be indemnified under this section for violation of any such civil rights if he acted in a grossly negligent, willful or malicious manner.

SECTION 3. The fourth paragraph of section 3 of chapter 701 of the acts of 1960, as most recently amended by section 4 of chapter 243 of the acts of 2002, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- The authority shall elect 1 of the members as vice chairman and as secretary and shall also elect a treasurer who need not be a member of the authority.

SECTION 4. Said fourth paragraph of said section 3 of said chapter 701, as most recently amended by said section 4 of said chapter 243, is hereby further amended by striking out the sixth sentence and inserting in place thereof the following sentence:- Before the issuance of any steamship bonds under this act, each member of the authority shall execute a surety bond to the commonwealth with a surety company authorized to transact business in the commonwealth as a surety in the final sum of $10,000 and the treasurer shall execute such a bond in the penal sum of $20,000, conditioned upon the faithful performance of the duties of his office.

SECTION 5. Section 16 of said chapter 701 is hereby amended by striking out the fifth paragraph, as amended by section 12 of said chapter 243, and inserting in place thereof the following paragraph:-

In addition to the service required by the preceding paragraph, the authority may in its discretion provide ferry runs or such transportation between any other port on the mainland, except the town of Fairhaven, and the islands when it shall be deemed necessary or desirable to serve the purposes of this act, and may acquire any business enterprise necessary or convenient for such purpose.

SECTION 6. The first sentence of section 203 of chapter 379 of the acts of 1992 is hereby amended by striking out the figure "2003", inserted by section 12 of chapter 203 of the acts of 2001, and inserting in place thereof the following figure:- 2004.

SECTION 7. Chapter 184 of the acts of 2002 is hereby amended by inserting after section 242 the following section:-

SECTION 242A. Section 48 shall take effect as of July 31, 2002.

SECTION 8. Chapter 243 of the acts of 2002 is hereby amended by striking out section 14 and inserting in place thereof the following section:-

Section 14. The Woods Hole, Martha's Vineyard and Nantucket Steamship Authority may utilize the state pier in the city of New Bedford under the control of the department of environmental management under such terms and conditions as are negotiated by the authority and the department and subject to the current operating agreement between said department and the city of New Bedford.

SECTION 9. Section 52 of chapter 300 of the acts of 2002 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be a special commission to consist of 21 members to review how technology can best be utilized to improve teaching and learning in public education.

SECTION 10. Section 57 of chapter 300 of the acts of 2002 is hereby repealed.

SECTION 11. Notwithstanding section 182 of chapter 184 of the acts of 2002 or any other general or special law to the contrary, the commissioner of revenue shall have the authority to (i) extend the tax amnesty program for an additional 2 consecutive months, commencing on January 1, 2003, to be known as the "extended tax amnesty program" and (ii) administer it subject to the terms and conditions provided in said section 182, unless otherwise provided in this act. Any taxpayer, except as otherwise provided for in this act, who abides by this section and said section 182 and has an outstanding total liability of $25,000 or less, shall pay the full amount of the tax and interest on that liability, in either a lump sum or, at the discretion of the commissioner, in installments over the course of fiscal year 2003; provided however, if the taxpayer fails to pay the full liability before June 16, 2003, the commissioner shall retain the payments made and shall apply said payments against the outstanding liability and the provisions of the extended tax amnesty program shall not apply. No amnesty applications previously submitted under the provisions of said section 182 during calendar year 2002 shall be eligible for abatement under the provisions of this act.

During said extended tax amnesty program, the commissioner is authorized to resolve and settle any unpaid use tax liabilities by observing a limited look-back period, as determined by the commissioner, based on the pertinent facts and circumstances of the particular taxpayer, class or industry. Taxpayers, who apply under the provisions of this section and pay the full amount of said use tax and interest thereon on or before February 28, 2003, shall be granted a waiver of all taxes, interest and penalties for any outstanding use tax obligations for periods prior to said limited look-back period and shall be eligible for amnesty for years following such period.

SECTION 12. Notwithstanding item 7006-0067 of section 2 of chapter 184 of the acts of 2002, the division of standards may expend for enforcement of weights and measures laws up to an additional $300,000 from revenues received from item pricing violations collected through municipal efforts and from measure fees and fines collected from cities and towns.

SECTION 13. Notwithstanding any general or special law to the contrary, the commissioner of the department of education is hereby authorized to expend an amount not to exceed $600,000 from the Capital Needs Investment Trust for legal costs of the department of education during fiscal years 2003 and 2004. Said $600,000 shall be considered part of the $3,000,000 set aside in clause (c) of section 165 of chapter 184 of the acts of 2002. Nothing in this section shall change the requirements in said section 165 to expend funds specified for the purposes of subclauses (3), (5) and (6) of clause (b) of the first paragraph of section 357 of chapter 159 of the acts of 2000.

SECTION 14. Section 10 shall take effect on August 30, 2002.

SECTION 15. Sections 7 and 13 shall take effect as of July 1, 2002.

Approved December 30, 2002.