The 186th Session of the Senate

Fitchburg Conservation Land Restriction

The city of Fitchburg was paid over $1 million for a conservation restriction on a certain piece of land surrounding a watershed.   The land became a part of a large portion of preserved land throughout the city and North Central Massachusetts as a whole.  This legislation was essential to leverage private funds to preserve the public land surrounding the watershed, and to continue to promote environmental tourism in north county.

Chapter 20 of the Acts of 2009

Give the Leino Park Water District in Westminster Expanded Powers

This legislation allows the Leino Water District in Westminster to take ownership of a bridge that is in disrepair and is essential to the everyday operation of the water district, as well as individuals in the community whose homes are located near the bridge.  It gives the water district the tools it needs to enter in its own agreement of ownership with the private estate that currently owns the structure.

Chapter 73 of the Acts of 2009

Minor Charter Changes for the Town of Lunenburg

The Lunenburg Charter Review Committee suggested some minor changes to the Town Charter, which were outlined and approved in this bill.  Some of these changes include that the designation of the chief administrative and financial officer will instead be called a town manager, expanding the powers and duties of the deputy moderator, allow the Sewer Commission to be elected instead of appointed, and clarifying and confirming the appointment powers of the board of selectmen and town manager.

Chapter 113 of the Acts of 2009

Validation of the 2009 Spring Special Town Meeting in Westminster

This legislation officially ratified the town meeting vote of the spring of 2009 that was not advertised in one specific newspaper that was required by the town charter.

Chapter 177 of the Acts of 2009

Chelsea Street in Gardner Land Conveyance

The legislation allows the development of affordable housing on a vacant parcel of land on the westerly side of Chelsea Street in Gardner.   The City took the vacant land by eminent domain in June 1997 for the express purpose to use said premises as a public common for general benefit of the inhabitants of Gardner.   Since 1997 the City has been unable to improve this property for use as a park or playground because of budget constraints.  The property is overgrown and unused, and instead will be used now for affordable housing.

Chapter 17 of the Acts of 2010

Leominster Additional Liquor License

This legislation allowed for an additional liquor license in the city of Leominster.  Liquor licenses are currently distributed by population every 10 years, or the city council can approve additional licenses that must pass the Legislature additionally.  Liquor licenses can be a very strong piece of economic development.

Chapter 33 of the Acts of 2010

Westminster Bridge Naming for Ryan Patrick Jones

This legislation officially dedicated the bridge located on Mohawk Trail, Route 2, spanning Bacon Street in Westminster in memory of Lt. Ryan Patrick Jones.  1st Lieutenant Ryan Patrick Jones of Westminster was killed in the line of duty on May 2nd, 2007 when his vehicle was struck by a roadside bomb, while serving in the United States Army in Baghdad, Iraq.  As a freshman at WPI, Jones joined the Army ROTC program on an Army Scholarship. He played a leadership role in many ROTC activities and events, including the Color Guard, Ranger Challenge, and Pershing Rifles.

Chapter 170 of the Acts of 2010

Lunenburg Sewer Service Legislation

This legislation was established to set forth a set of bylaws for the Lunenburg sewer Commission.

Chapter 185 of the Acts of 2010

Gardner Conservation Commission Land Conveyance

This legislation that allows the city of Gardner to convey 3.497 acres of land situated on the southerly side of State Highway Route 2 to the Greater Gardner Industrial Foundation (GGIF).  It is essential to the community and economic development plans of the City of Gardner.  The 3.497 acres of land are a portion of 18 acres acquired by the city to be under control and administration of the Conservation Commission.  The GGIF seeks to purchase the 3.497 acres because it is adjacent to six (6) parcels already owned by the GGIF and provides visibility from State Highway Route 2.  Due to the provisions of Article 97, any conservation land that is transferred to other use, must be done through a vote of the Legislature.  The City of Gardner preserved an additional piece of land as mitigation against the loss of this conservation land.

Chapter 214 of the Acts of 2010

Anti-Bullying

In response to the outcry of increased bullying in our school systems, the Legislature gave final approval to a bill that prohibits physical, verbal and written acts that threaten or cause harm to another student, including Internet "cyber-bullying." The bill, which defines and bans bullying in schools, also requires that prevention and intervention plans be developed in every school across the commonwealth. The legislation was unanimously approved. The final compromise bill extends the law to include all school facilities, school-sponsored functions, school buses and bus stops. In addition to professional development for teachers and other staff to help them identify and prevent bullying, age-appropriate instruction for students in each grade on bullying prevention will be incorporated into a public school's curriculum.

Chapter 92 of the Acts of 2010

Auto Insurance Appeals Board

Filed in response to a proposed administrative action by the Division of Insurance, this legislation preserved the independent Board of Appeals, rather than allowing insurance companies to administer appeals of their own surcharge decisions.

Chapter 9 of the Acts of 2009

Crime Reform Bill

The Legislature passed a crime bill that will give employers easier access to criminal records and help former offenders who have stayed out of trouble to re-enter the workforce. The bill also cracks down on sex offenses, requiring GPS tracking of homeless sex offenders and reducing the time in which such offenders must verify registration data and appear at local police departments from every 45 days to every 30 days. The legislation increases access to the criminal offender record information system (CORI), allowing a greater number of individuals, including employers and landlords, to request records. Availability of felony information is reduced from 15 to 10 years after an inmate's release and 10 to five years for information on misdemeanor convictions.

Chapter 256 of the Acts of 2010

Economic Development Bill

As the Massachusetts economy continues to recover from a global recession, the Legislature passed an economic development bill that includes a sales tax holiday and promotes a business-friendly environment to help small businesses open, expand and create jobs. The bill will overhaul the state's network of business development agencies, establishing a streamlined, cohesive model with built-in oversight and transparency to reduce redundancy and waste. The legislation includes numerous provisions to promote economic development in the state's "Gateway Cities," the group of larger municipalities spread throughout the Commonwealth that offer rich opportunities for economic expansion within existing infrastructure. The bill includes new expedited state permitting rules for projects in such cities, approves a $50-million bond authorization to support the "Growth Districts" initiative, and approves a new housing development incentive program for developments in "Gateway Cities."

Further streamlining the state's approach to economic development, the Department of Business Development within the Executive Office of Housing and Economic Development is eliminated, allowing MOBD a direct reporting line to the Secretary. Additionally, the Massachusetts Health Educational Facilities Authority (HEFA) is merged with MassDevelopment. Several other agencies, including the independent Massachusetts Sports and Entertainment Commission and the Massachusetts Industrial Development Authority, are eliminated, with an estimated savings to taxpayers of $1 million a year.

Chapter 240 of the Acts of 2010

Education Reform

This conference report specifically addresses schools at Level 4 and Level 5 in the Department of Elementary and Secondary Education Accountability and Assistance System. The goal is to encourage community collaboration and support for turnaround efforts in schools, recognizing the need to focus on what is happening outside the classroom that negatively affects students' academic performance. The bill removes the cap on the statewide population that can be enrolled in a charter school, so there is no numeric limit on the number of students allowed to attend charter schools. It also requires charter schools to develop recruitment and retention plans which include annual goals for recruitment activities, retention activities, and student retention in the school. Recruitment and retention activities are focused on attracting, enrolling, and retaining a student population that is academically and demographically similar to students in similar grades in the local school district. Progress on recruitment and retention efforts will be a factor for the Board of Elementary and Secondary Education to consider at the time of charter renewal. The bill also imposes stricter reporting requirements of financial information on charter schools, including an accounting of how the school has used public and private dollars, how the school spent its capital needs component, and the planned and past use of any surplus funds. –

Lastly, the bill ensures that that any midyear budget reductions to regional school transportation funding are not proportionately more than funding to Chapter 70 as a whole.

Chapter 12 of the Acts of 2010

Ethics Reform

In order to strengthen current ethics, lobbying and campaign finance laws, the Senate and House passed legislation that will enhance the integrity of the political process and help to restore public trust. This bill bans all gifts to public officials, imposing a hefty civil violation for gifts up to $1,000 and makes it a felony for anything with value greater than $1,000. It also increases the authority of the Ethics Commission to investigate and prosecute alleged ethics violations. A new lobbyist classification redefines and clarifies lobbying activities and captures actions that seek to wrongly influence official government activity.

The campaign finance system was also addressed, and all "special committee" arrangements between a state political party and an elected official were eliminated.

Chapter 28 of the Acts of 2009

Municipal Relief

In an effort to save municipalities money, the bill establishes a statewide mutual aid agreement to allow municipalities to share fire services, law enforcement, emergency medical services, public works and other local services in the case of a public safety or public works incident. In addition, the bill would allow regional school districts to join with municipal districts to share a superintendent that would represent the partnering districts.

The bill also provides pension funding relief for cities and towns by extending their funding schedules to 2040. In addition, the legislation creates an optional early retirement program for municipalities. To help save costs, the bill allows school committees to offer a program to reimburse parents who voluntarily choose to transport their disabled child to an approved out of district placement.

Chapter 188 of the Acts of 2010

Pension Reform

In a historic and landmark piece of legislation, this Senate-initiated bill addressed the worst offenses in the state pension system. Although the state's pension system is an important benefit to those who choose to serve the public in generally low-paying careers, individuals were able to exploit loopholes to increase their pension payments at a high cost to the state.

This bill closes those loopholes, establishing common-sense reforms to apply to all current and future employees who retire after July 1, 2009. The "one day, one year" provision was removed, which allowed elected officials to claim an entire year of credible service for working one day in a calendar year. Dual-service pensions were reformed, so that an individual cannot combine the compensation from two positions to artificially increase one's pension. This bill also eliminates a loophole that allowed individuals receiving pension benefits to return to work as a consultant and receive a full salary in addition to pension benefits.

Chapter 21 of the Acts of 2009

Reckless Driving

The memory of Robert L. Martinelli, a 19 year old college sophomore, was honored with the passing and signing of legislation to allow for warrant less arrests in cases where there is probable cause to believe a person has committed motor vehicle homicide or caused serious bodily injury due to the reckless operation of a motor vehicle and has not fled the scene. Mr. Martinelli was killed by a reckless driver in a head-on collision in Worcester in 2002. The driver, who at the time of the accident had six speeding tickets on his record, was allowed to leave the scene and was later cited by mail and arraigned three months after the crash. The driver ultimately received a six-month jail sentence after pleading guilty to misdemeanor vehicular homicide.

Chapter 296 of the Acts of 2010

Safe Driving Legislation

Comprehensive safe driving legislation also passed the Legislature in 2010. The bill bans texting while driving for all motor vehicle operators and prohibits junior operators from using any type of cell phone or mobile electronic device, whether it is hands free or not. It also requires all individuals 75 years of age or older to renew their license in person at the registry and undergo a vision test. It strengthens the medical reporting system by developing clearer regulations surrounding unsafe driving.

Chapter 155 of the Acts of 2010

School Nutrition

In response to an increase in the national prevalence of obesity and diabetes among children, this legislation bans the sale of unhealthy foods and drinks in Massachusetts public schools. The bill institutes nutritional guidelines, to be developed by the Department of Public Health, for foods and beverages sold to students outside of the federal meal program. The legislation establishes standards for products sold in vending machines, school stores, and cafeteria a la carte lines.

Furthermore, the bill dictates that all school districts create school wellness and advisory committees to develop a district-wide wellness policy. The legislation requires nutrition and exercise as subjects for instruction in schools. The bill also includes a provision for preferential purchasing for products grown in Massachusetts and instructs the Department of Agriculture to collect data to facilitate the process of local farms and public schools doing business together.

Chapter 197 of the Acts of 2010

Sheriffs Bill

This legislation has the potential to save taxpayers up to $8 million a year by transferring the remaining seven county sheriffs' offices to the state payroll and state health insurance plan. The bill will provide stable and predictable budgeting for the seven transferred sheriffs' offices, which include Bristol, Norfolk, Suffolk, Plymouth, Barnstable, Nantucket and Dukes counties. This bill is designed to promote a more efficient delivery of services between state and county governments.

Chapter 61 of the Acts of 2009

Small Business Health Insurance Relief

Stabilizing and controlling the costs in health care insurance is critical to getting our economy back on track and to provide small business the relief they need to grow, create, and retain jobs. This legislation has several provisions to enhance transparency of insurer costs and efficiency, moves the state to an annual open enrollment, reduces inappropriate use of individual coverage and establishes group purchasing cooperatives. The bill also encourages wellness programs for small business, and eliminates age fact brackets and rate shock bumpers.

Chapter 288 of the Acts of 2010

Transportation Reform

The Transportation system was overhauled in a Senate-initiated bill that dissolves the Turnpike Authority and consolidates multiple agencies into a unified and cost-effective system under an independent agency called the Massachusetts Department of Transportation (MassDOT). This agency sheds the many layers of bureaucracy in the current system by consolidating and sharing existing resources and services, potentially saving the Commonwealth up to $6.5 billion during the next 20 years. MBTA employees and retirees under GIC will now be required to contribute the same amount of their health benefits as their state employee counterparts, saving an estimated $35 million a year, or approximately $700 million in 20 years.

Chapter 25 of the Acts of 2009

Emergency Responses by Utilities

As a result of the devastating ice storm that effected North Central Massachusetts in December of 2008, comprehensive consumer protection language passed the House and Senate. This bill ensures that utility companies will face stiffer requirements for emergency response plans by giving the Department of Public Utilities (DPU) the authority to investigate and penalize companies for deficiencies in their response plans, as well as to issue its own response orders to utility companies during a state of emergency. The bill's intent is to require each utility to file emergency response plans for approval by the DPU that outline communication procedures with local officials, account for customers with documented medical needs for electricity, and properly identify mutual aid and assistance agreements.

Chapter 133 of the Acts of 2009

Veterans Bill

In order to make numerous improvements for veterans, this bill addresses veterans' voting rights and their access to veterans' services, employment and benefits. The bill allows Massachusetts residents serving overseas to receive and return absentee ballots via electronic means for federal, state and local preliminary, primary and general elections. It directs the Executive Office of Health and Human Services to study the Commonwealth's current capacity to provide health care services to veterans, and assess the feasibility of expanding capacity at current soldiers' homes or establishing additional soldiers' homes. It amends the current Welcome Home Bill to allow service members who are deployed on multiple tours to apply for up to 50 percent of the bonus upon each subsequent return. This bill further authorizes state licensing boards to draft regulations exempting honorably-discharged veterans from requirements or credits towards licensure based on skills accumulated during their military service.

Chapter 132 of the Acts of 2009

University College Name

This legislation permits nine state colleges in the Commonwealth to be called state universities. Six of these colleges changed their names to Bridgewater State University, Fitchburg State University, Framingham State University, Salem State University, Westfield State University, and Worcester State University. The remaining three institutions—Massachusetts College of Art and Design, Massachusetts College of Liberal Arts, and the Massachusetts Maritime Academy—will retain their names but will be referred to as universities and become members of the Massachusetts state university system. According to the State Colleges of Massachusetts, the "university" tag more accurately describes institutional offerings and brings "added prestige," providing students a "competitive advantage."

Chapter 189 of the Acts of 2010

School Nutrition

In response to an increase in the national prevalence of obesity and diabetes among children, this legislation bans the sale of unhealthy foods and drinks in Massachusetts public schools. The bill institutes nutritional guidelines, to be developed by the Department of Public Health, for foods and beverages sold to students outside of the federal meal program. The legislation establishes standards for products sold in vending machines, school stores, and cafeteria a la carte lines.

Furthermore, the bill dictates that all school districts create school wellness and advisory committees to develop a district-wide wellness policy. The legislation requires nutrition and exercise as subjects for instruction in schools. The bill also includes a provision for preferential purchasing for products grown in Massachusetts and instructs the Department of Agriculture to collect data to facilitate the process of local farms and public schools doing business together.

Chapter 197 of the Acts of 2010