An Act relative to early college high schools

Summary

This legislation directs DESE and the Department of Higher Education to establish and administer an early college education program to increase postsecondary completion rates and participation in career pathways. The program shall consider applications for partnerships among public secondary institutions and public and private institutions of higher education to be designated as Massachusetts Early College Schools. The program will allow for the accumulation of 12 transferable college credits and the offering at least one career pathway yielding an associate's degree or relevant industry credential.

An Act protecting public higher education student information

Summary

Public college and university campuses are constantly inundated with public records requests for the personal information of students.  These requests seek information such as student names, home and school address, date of birth, telephone and cellphone numbers, email addresses, area of study, graduation date, parent's names and their addresses. Our campuses feel compelled to provide this information as it has been designated as a "public record" for the purposes of complying with the state's public records laws.  This legislation amends chapter 66 so that campuses would not be required to comply with public records requests for student data that is defined as an "education record" in the federal Family Education and Privacy Act (FERPA), including records that have been designated by campuses as "directory information."  

An Act relative to motor vehicle service contracts

Summary

Legislation was enacted in 2010 that provides a regulatory framework for the offering of service contracts in the Commonwealth.  While the 2010 law regulates the offering of service contracts covering homes and consumer products, it expressly exempted service contracts covering motor vehicles. This legislation amends the regulatory framework that was adopted by the Legislature to add service contracts covering motor vehicles to the products covered by it in order to provide a clear statement as to how service contracts covering motor vehicles can be sold in the Commonwealth.  In addition, it would ensure that consumers purchasing motor vehicle service contracts are protected by requiring the entities providing them to comply with the requirements, such as cancellation rights and providers financial stability requirements, made applicable to service contracts by the 2010 law.

An Act to promote safety, efficiency and accountability in transportation projects through public inspections

Summary

This legislation requires that public employees perform construction inspections on all surface transportation projects receiving state or federal funding.  This will save the Commonwealth money since private sector engineers are paid at a much higher rate than public construction inspectors.  But more importantly, this legislation provides much needed checks and balances on private construction projects.

An Act improving the tax administrative laws of the Commonwealth

Summary

This legislation changes the administrative provisions of our tax laws and improves the tax code by: (a) encouraging settlement of cases instead of litigation; (b) allowing for an expeditious collection of revenues by providing a one month extension for combined filers; (c) making the sham transaction doctrine equitable and more aligned with the Internal Revenue Code; (d) restoring equal estimated quarterly payments of taxes; and (e) establishing a broad tax amnesty program.

An Act relative to equalizing the Department of Revenue interest rates

Summary

Under current law, a taxpayer that fails to make a timely payment is required to pay interest after the statutory due date.  The interest for such delinquent tax liability is the federal short-term rate, plus four percentage points, compounded daily.  In contrast, when the Department of Revenue owes a taxpayer a refund, the rate of interest is the federal short-term rate, plus two percentage points, computed as simple interest.  Moreover, the Department of Revenue gets 120 days from the last date for filing the tax return before interest applies. If the refund is mailed within the 120 days, DOR pays no interest.  This legislation restores equity to our tax code by subjecting the taxpayer and the Commonwealth to the same interest rate at the federal short-term rate, plus two percentage points, computed as simple interest.     

An Act relative to the retirment of MassPort police officers

Summary

MassPort police officers provide high level public safety services for the Commonwealth on essential properties that are controlled by the agency. These officers share jurisdiction with the Massachusetts State Police in essential public areas like Logan Airport and the Seaport. Despite their duties and qualifications matching any police department in the state, they have been incorrectly relegated to group 2 for the purposes of the retirement system.  This bill would bring them into group 4, which is reflective of their work.  

An Act Relative to the Alignment of the University of Massachusetts Police

Summary

This bill would align the University of Massachusetts Police with other law enforcement officers in group 4 of retirement system. As outlined by the Retirement Board and reinforced by DALA, the University of Massachusetts police clearly fall under the definition of law enforcement in Group 4. However, a specific statutory designation in group 2 prevents their inclusion. They were originally added to Group 2 in 1940, when they were building security officers. Since then, the department has been fully professionalized, and is certified by the MPTC like any municipal department. However, due to the lack of comparable benefits, the University has significant trouble retaining qualified officers who leave for Group 4 positions.

An Act relative to equitable firearm license fees

Summary

This bill reduces the cost of applications for a firearm identification card or license to carry from $100 to $40. It offers a more appropriate cost for the application of firearm license and identification cards. The existing fee imposes an excessive burden on citizens who wish to exercise their rights to own, carry and operate firearms. Reducing this cost will allow for greater access and expanded participation in the constitutional rights of Massachusetts’ citizens. The bill also allocates the fee, which will be split evenly between the licensing authority and the General Fund. 

An Act relative to the health and welfare of the University of Massachusetts police

Summary

This bill would bring University of Massachusetts police in line with standard benefits for injuries on duty. Currently, with no statutory assurances, each the benefits are subject to individual approval by police supervisors. These officers undergo the same training undertake the same dangers as municipal officers and should be compensated as such.

An Act An act to protect persons with intellectual or developmental disability from abuse

Summary

This legislation requires the Department of Developmental Services to establish and maintain a registry of former employees who have been terminated or separated from employment as a result of abuse, as defined under chapter 19C of the General Laws. DDS shall make information in the registry available only to: (1) authorized agencies, for the purpose of protective service determinations; (2) employers who employ employees to provide services to an individual who receives services or funding from the department of developmental services for the purpose of determining whether an applicant for employment appears on the registry. DDS shall not place a former employee's name on the registry until the Department has completed the hearing and the hearing has resulted in a decision to place the former employee's name on the registry staff.

An Act relative to the safety of courthouses and remote court proceedings

Summary

This bill is a technical change to ensure clarity regarding the police powers of court officers. These officers are tasked with maintaining order and safety under volatile circumstances. The current statute authorizes their police powers “in or about the areas of the court to which they have been assigned.” Despite the obvious intent of the language, there have been challenges to their authority in certain areas on the grounds of the courthouse, including the front steps and parking lots. This language would clarify that all grounds adjacent to the court and the parking lots. It would also extend the powers to locations where a court proceeding is occurring outside the courthouse, such as the examination of a evidence at an off-site location. In many cases, these officers are responsible for the security of judges, attorneys, and juries.

An Act relative to sheriffs

Summary

This legislation includes recommendations approved by the Sheriff’s Commission (final report filed as S.1865 during 2013-2014 legislative session). This bill exempts the Sheriffs from the prohibition on providing meals to employees by allowing collective bargaining on this issue; establishes a Corrections Advisory Board with the aim of improving coordination across the criminal justice system and establishing best practices in all aspects of corrections operations; provides for an HRD assessment of current Sheriffs’ Office’s human resources policies and practices; places deputy sheriffs in Group 4 and provides injured in the line of duty benefits; and updates the civil process operations.

An Act Relative to the Interception of Wire and Oral Communications

Summary

This legislation strikes from the wiretap law the current limitation which precludes a court from issuing a wiretap warrant unless the offense under investigation is being committed "in connection with organized crime."  A Justice of the Supreme Judicial Court recently recognized that "[b]y limiting electronic surveillance to designated offenses 'in connection with organized crime,' § 99 prohibits electronic surveillance from being used to investigate designated offenses, including murder, that are committed by disorganized criminal gangs or even by organized street gangs that do not engage in supplying illegal goods and services, such as narcotics.  The consequence is that electronic surveillance is lost as a tool to investigate and prosecute a substantial share of the murders and shootings that occur in this Commonwealth."  Commonwealth v. Tavares, 459 Mass. 289, 303-04 (2011) (Gants, J., concurring).

An Act Establishing a Special Commission on the Dover Amendment

Summary

This legislation establishes a special commission to study the use and effectiveness of the zoning approval process of educational uses under the so-called Dover Amendment, section 3 of chapter 40A of the General Laws. The commission shall study the impact of the education exemption provided by the Dover Amendment on municipalities and nonprofit education institutions, which shall include a review of the types of building projects sited under the protection of the dover amendment and the case law decided on the educational exemption. The commission shall file the results of its study together with recommendations for legislation, which shall include a proposed definition of “educational purposes”, with the clerks of the House and Senate.

An Act relative to a municipality’s right of first refusal of agricultural land

Summary

Chapter 61A §14 and Chapter 61B §9 of the General Laws pertain to the process in which a city or town has the option to exercise, waive or assign its right of first refusal of agricultural and recreational land when a property owner seeks to sell or use land, subject to these provisions, for non-agricultural or recreational purposes. The existing statutory timelines, however, are not conducive a municipality’s ability to effectively conduct the required due diligence of a potential land acquisition; particularly communities that have a town meeting form of government. The bill extends the existing time period a municipality (i) may exercise its right of first refusal, and (ii) to fulfill the purchase and sale contract. The bill would establish a 30-day timeline in which the seller may accept the purchase and sale agreement. The legislation also seeks to clarify the existing law by ensuring that communities are not required to purchase land that is not classified under Chapter 61A or Chapter 61B, even if the non-61A or non-61B property is included within the same purchase and sale agreement provided to the municipality by the landowner.

An Act to Assist Municipal and District Ratepayers

Summary

This legislation establishes a provision that any new rule, regulation or "guidance" issued by a state environmental agency must undergo a cost-benefit and cost impact analysis in order to consider whether compliance costs and environmental improvements are equitable.  As municipalities are asked to do more with limited funds, it is critical that local funds be applied where they will make the greatest effect.