Press Releases


State Senator Jamie Eldridge Hosts 30th Annual Senior Conference

MARLBOROUGHState Senator Jamie Eldridge (D-Acton) will  host the 30th Annual Senior Conference in Marlborough on Thursday, April 22nd at Assabet Valley Regional High School located at 215 Fitchburg Street in Marlborough. The Conference – free for all seniors – will feature a wide variety of services, workshops, food, and entertainment.

The conference, an annual tradition in the district since 1979,  provides vital information to seniors. This will be the second time that Senator Eldridge has hosted the longstanding event.

Workshops will cover a wide variety of topics such as: property tax relief,  identity theft, estate planning, and reverse mortgages. In addition to workshops on serious issues facing seniors, the event offers a host of  educational and entertaining presentations such as:  belly dancing, travel, Shakespeare and the Battle of the Bulge.

New this year is a “brown bag” Medication Therapy Management multi-lingual drop in session sponsored by Rite Aid.  Seniors are encouraged to bring in all of their medication – prescription, over-the-counter and supplements in a brown bag and sit one-on-one with a pharmacist to discuss drug and food interactions.

According to Senator Eldridge, “Given the current economic environment, it’s incredibly important that seniors in the district know what resources are out there and that our office is always available to handle constituent problems or concerns. This event provides them with crucial information and support  in a fun and informative fashion..”

The event includes free coffee and donuts in the morning, a hot catered lunch, health screenings, entertainment by the Senior Strutters and many door prizes.

Senator Eldridge encourages all seniors to attend this great event and learn more about available resources. Senator Eldridge adds, “Throughout my years in public service, I have always been very committed to assisting the seniors I represent. I hope that this event shows the community that my office is accessible and that we are all more than ready to help any senior who asks for it.”

Free tickets are available at local Council on Aging offices or by contacting Senator Eldridge’s District Director, Peggy Schwarz Ayres at 508-786-3040.

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Senator Eldridge Promotes “Smart, Clean, Green” Water Infrastructure

Maynard: Senator Jamie Eldridge plans to start hearings on how to finance improvements to the state’s water infrastructure in April. He made the announcement at a forum on “Smart, Clean, Green: Innovative Water Systems for our Communities” held Saturday in Maynard.  Senator Eldridge chairs the new Senate Water Infrastructure Finance Commission charged with developing a comprehensive, long-range plan to finance water infrastructure for the Commonwealth and its cities and towns.

The forum showed how managing wastewater, stormwater and drinking water together as a single system can result in large energy savings, reduced  infrastructure costs, environmental sustainability, new profit centers, and increased property values. Examples included housing developments, the Olympic Village in Victoria BC, Weston Town Center, Gillette Stadium in Foxborough, and other local and international examples.

The forum, hosted by Senator Eldridge and co-sponsored by the Organization for the Assabet River (OAR), Clean Water Action and Clean Water Fund attracted 75 participants from Westborough to Concord eager to learn about innovations in water management.

“Our cities and towns are facing a water and wastewater crisis created by antiquated infrastructure and a failure to properly invest in maintaining existing infrastructure,” said State Senator Jamie Eldridge. “It’s an urgent problem that demands our attention, because the integrity of our water infrastructure system has a large impact on our public safety and our public health.”

“We all know that our water infrastructure is very old. What we need to do is reinvent it–not just patch it up– in a way that is much less wasteful and costly than what we have. We must also take into account the data that show that storms in New England are becoming more intense, which increases runoff and water pollution and decreases the supply of clean water,” said Alison Field-Juma, OAR’s Executive Director.

Speakers included Patrick Lucey, President of Aqua-Tex Scientific in British Colombia, who described how an Integrated Resource Management approach, tying together wastewater, stormwater, and drinking water with energy recovery and conservation, has made new developments highly profitable and desirable places to live. Brent Reagor, Concord’s Public Health Director, showed how a community’s needs can be met through innovative water re-use.  Jim Kreissl, a retired EPA expert showed how small community wastewater treatment and reuse systems make more sense in many situations than large centralized ones.  Bob Zimmerman of the Charles River Watershed Association described important new requirements to recharge stormwater runoff from impervious surfaces, like parking lots, to significantly reduce phosphorus pollution of the Charles River.

“Clean water is a foundation for the residents of our communities, and is an essential element for growth and productivity in our economy,” said State Senator Jamie Eldridge. “I’ve hosted this forum to bring community members together to discuss the challenges facing our water infrastructure system over the coming decades, and steps we can take to protect our clean water supply in Massachusetts. ”

“In the late 1800s, Massachusetts was the innovative source of many water treatment technologies that are used globally today,” said Becky Smith of Clean Water Action. “The state is well placed again to be an engine of innovation, and we should follow our own lead from clean and renewable energy advances into the energy-water nexus.”

Forum presentations are posted at www.assabetriver.org.

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State Senator Eldridge Reads Aloud to Young Children in support of Reach Out & Read

(Marlborough, MA)  March 15, 2010  - Medical providers at Marlborough Pediatrics are sending their youngest patients home with free books and important advice for their parents – “Read to your children every day.”  Today, State Senator Jamie Eldridge (D-Acton) visited the practice and read to a group of young children, emphasizing the importance of reading aloud.

senator-eldridge-0091Marlborough Pediatrics, which is affiliated with Marlborough Hospital, participates in Reach Out and Read (ROR), a national children’s literacy program that focuses on young children at risk of entering school unprepared to learn.  At every checkup, clinicians in ROR guide and encourage parents to read aloud to their young children every day, and give each child a carefully-selected new, developmentally-appropriate book.  By the time that child enters school, he or she will have a home library of up to 10 books.

Reach Out and Read has one of the strongest records of research support of any school readiness intervention.  Studies show that parents who get books and counseling on reading aloud from their doctors and nurses are more likely to read to their young children, read to them more often, and provide more books in the home.  Children exposed to Reach Out and Read show improved language development, giving a child as young as 2 years old a six-month head start developmentally.

The program has gained broad bipartisan support on Beacon Hill, and has received state funding since 2000.   ”I commend the doctors, nurses, and staff at Marlborough Pediatrics for their outstanding advocacy on behalf of children’s literacy,” said Senator Eldridge.  “Reading to infants, toddlers, and young children every day is a critically important component of early childhood development and contributes greatly to a child’s ability to arrive at school ready to learn and achieve.  Reach Out and Read distributes hundreds of thousands of books to children in our state each year in support of this worthy goal, and I am proud to support this outstanding program.”

Marlborough Pediatrics is one of 3 ROR Programs in Senator Eldridge’s district that participate in Reach Out and Read, providing books to more than 1,100 children annually.  Reach Out and Read serves children at 247 locations across Massachusetts, reaching more than 178,000 infants, toddlers, and preschoolers each year.

Nationally, more than 25,000 doctors this year will give 6 million new books to 3.8 million low-income families at more than 4,535 healthcare locations nationwide. Reach Out and Read serves 32 percent of American children living in poverty.  For more information, please visit www.reachoutandread.org.

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Senator Eldridge Floor Speech on Anti-Bullying Bill

I rise in support of An Act Relative to Bullying, a bill that is based in large part on a bill I filed at the beginning of session.

I know we start here today in strong agreement that protecting children in the Commonwealth’s schools is a top priority. With that in mind our task here isn’t to debate whether we ought to act, but to discuss the best possible solution to the dire issue of bullying in schools throughout Massachusetts. The bill before us today represents years of hard work from many people, including my friend, and a former member of this body, Senator Robert Antonioni, who championed this legislation for years. I’ve been proud to carry that torch for him since his retirement from the Legislature.

In addition to the bill I filed, several other bills regarding bullying were also submitted this session — and I want to commend my colleague, the Senator from the Cape and Islands, and the entire Committee on Education, for the good work they did reviewing the various proposals and drafting the legislation we have before us. What we have today is a bill that has drawn on the best aspects of various legislators’ earnest attempts to tackle this tragic issue.

The Senator from the Cape and Islands, has clearly explained what this bill would do. I’d like to take this time speak to the importance of this legislation.

Something happened recently that clarified that importance for me. I received a group of letters recently, from 8th graders in my district, asking for my help in passing this important legislation. I want to read a few passages from these letters to you.

One young woman from Northborough, wrote about how she was “deeply troubled” by the bullying she saw. She’d seen so much bullying, she said, that the need for this legislation was obvious to her. She wrote: “But I can’t pass this law. I’m far too young to do that, and I don’t have the power either, which is why I need your help.”

One young man shared with me the startling toll bullying had had on him, “I have considered suicide myself and I want to protect others from that terrible experience,” he wrote.

Another student wrote about the bullying she and her friends had endured, addressing points we’ve heard all too often. She wrote, “…whispering and giggling when we walk down the hallways, tripping us, calling us mean names. Parents and teachers assume this is a phase…and it will eventually go away. No. Unfortunately the reality it is it’s not going to go away, if that’s what we always assume.”

Another student wrote to me about the particular threat of cyber bullying. She wrote: “Over texts my friend and her new best friend attacked me. I feel that these text messages, e-mails, etc. need to be stopped immediately.”

“Whether it’s face-to-face bullying or cyber bullying, it all hurts very deeply,” said another student.

Tragedies, such as the loss of Phoebe Prince in South Hadley and Carl Hoover Walker in Springfield, have acted as crushing reminders of the need to act, and act quickly, on this crucial, tragic issue. If there is any good that can come of these terrible events that have marred our schools, it is the momentum that has built behind this long-needed, long-overdue legislation.

I appreciate the thought and excellent work my colleagues have put into this issue and into this legislation. I’ll close with a quote from one of my student-constituents, because it’s as true for all of you as it was for me. Kayli, an 8th grader at Melican Middle School in Northborough, wrote to me, “With your help,” she said, “we can make schools a better place to be.” Thank you all for your time and hard work on this issue. I ask that you join me in helping Kayli and every child in the Commonwealth by supporting this bill.

Senate Passes Safe School Package

BOSTON – The Senate on Thursday advanced measures to ban bullying and update nutritional standards in schools with a pair of bills aimed at promoting a safe, healthy and productive learning environment for all students. The anti-bullying legislation was based on a bill originally filed last year by State Senator Jamie Eldridge (D-Acton), who voted in favor of both the bullying bill and the school nutrition bill today.

Senate anti-bullying legislation prohibits physical, verbal and written acts that threaten or cause harm to another student, including Internet “cyber-bullying,” while a separate school nutrition bill establishes new standards for fresh food options in school cafeterias and vending machines.

“These two bills working together will make a dramatic difference in our school environment,” Senate President Therese Murray (D-Plymouth) said. “We all know there’s a strong connection between health and safety and learning. By striking out fear and improving nutrition, we’re going to provide students with a more valuable and rewarding educational experience.”

“This is comprehensive, prevention-oriented legislation that will work to end the persistent cycle of bullying we’ve seen in the Commonwealth’s schools for years, leading to tragedies like those in South Hadley, Springfield and too many other communities. Every student deserves to feel safe in their own schools, and this bill is a strong step in that direction,” said Eldridge.

“The anti-bullying legislation passed today provides a framework for schools to adequately address the damaging impacts of bullying in all its forms,” said Senator Robert O’Leary (D-Barnstable), Senate chairman of the Joint Committee on Education. “Equipping teachers, students and parents with more information and education on bullying and outlined steps on how to handle it provides a community solution to a community problem.”

The anti-bullying bill requires all school districts, charter schools and non-public schools to develop prevention and intervention plans by December 31, 2010 that include procedures for investigating bullying incidents, notifying parents and determining appropriate disciplinary actions.

The bill requires school principals to notify local law enforcement of bullying incidents if there is reason to believe criminal charges may be pursued. It also allows Individualized Education Programs for children with special needs to include provisions that will help them handle and respond to incidents of bullying. The bullying ban extends to all school facilities, school-sponsored functions, school buses and bus stops.

The Senate also passed a bill establishing new nutritional standards in schools to address the problem of childhood obesity in the Commonwealth. Food and beverages in school cafeterias, vending machines and other locations in public schools separate from federal meal programs must be in compliance.

“The fact that the current generation of children may have a shorter life expectancy than their parents is simply unacceptable,” said Senator Susan Fargo (D-Lincoln), lead sponsor of the bill. “Families demand and deserve that their children be offered food that is healthy, wholesome and safe. The School Nutrition Bill makes certain that parents have the final word on what children eat at school and makes it a requirement that schools maintain healthy standards in the cafeterias.”

The standards, to be implemented by the 2012-13 school year, will be developed by the Department of Public Health and the Department of Elementary and Secondary Education and include requirements for the availability of free drinking water, fresh fruits and vegetables, and nutritional information for non-packaged foods. The use of deep fryers is banned.

The regulations do not apply to bake sales, concession stands and other school-sponsored events.

The nutrition bill also requires issues of nutrition and exercise to be included in the educational curriculum, and it establishes a commission to make recommendations related the management of childhood obesity, type 2 diabetes and eating disorders.

“I applaud the Senate for taking an important step in combating what has become a childhood obesity epidemic in the Commonwealth, and across our nation,” said Sen. Richard T. Moore (D-Uxbridge), Senate chairman of the Joint Committee on Health Care Financing. “By limiting the availability of unhealthy foods and promoting the infusion of locally grown fresh fruits and vegetables, we’re not only curbing bad habits among our children, but improving the general, healthy outlook of wellness in Massachusetts.”

As a way to further promote wholesome food options and locally grown products, the bill encourages statewide adoption of the successful “Farm-to-School” program, which creates contracts between local farms and public schools to provide fresh fruits, vegetables and ingredients.

The bill also adds state colleges and universities to the requirement that state agencies or authorities give preferential treatment to local farms when purchasing agricultural products.

Finally, capitalizing on the fresh food trend, the bill requires the study of Boston’s “Chefs in Schools” program, which teaches schools to create healthy, cost-effective meals that kids like to eat, to see how it could be effectively implemented in other school districts.

The bill now goes back to the House of Representatives for further action.

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Senate Approves Safe Driving Legislation

BOSTON – The Senate on Tuesday passed safe driving legislation that bans texting while driving and makes it a primary offense, as well as establishing guidelines for assessing seniors’ ability to continue to drive safely.  The bill was supported by State Senator Jamie Eldridge.

“This bill will make our roads safer for all drivers, passengers and pedestrians,” said Eldridge.  “Texting while driving is just plain dangerous, and yet you see people doing it every day. Although it’s said ‘you can’t legislate common sense,’ we can reduce the number of people texting while driving by making it clear that this dangerous habit is not okay, and punishable like any other unsafe-driving offense.”

A 2009 study by the Virginia Tech Transportation Institute found that teen drivers are four times more likely than adults to be involved in a crash because of texting, and truck drivers who text while driving are 23 times more likely to have an accident than someone who isn’t distracted.

The final bill included an amendment filed by State Eldridge to address the lack of transportation alternatives for seniors. The amendment would create a special commission to come up with a long term plan to finance and support transportation alternatives for seniors and people with disabilities.

“We need to be better about providing transportation alternatives for older drivers and people with disabilities,” said Eldridge. “This commission will help legislators, municipal leaders and future administrations prepare to meet the growing need for transportation alternatives.”

The legislation makes texting a primary offense, which means someone can be pulled over specifically for the act of texting while driving. It also establishes a fine of up to $200, two years in jail, or both for anyone who causes an accident while texting and driving.

Senator Eldridge supported an amendment to the bill that would have banned the use of hand-held cellphones while driving. Unfortunately, this amendment did not receive enough support and was not adopted.

The bill also prohibits “junior operators,” those under the age of 18, from both texting and talking on a cell phone while driving; and operators of public transit – including the MBTA, school buses and ferries – are prohibited from any use of cell phones, except in the case of an emergency.

The bill requires a person between the ages of 75 and 80 to submit once during those five years an assessment form to be developed jointly by the registry and the medical advisory board, but filled out by the person’s physician or health care provider. Based on that assessment, the registrar would determine if the person can safely operate the vehicle.

After a person turns 80, the form would have to be filed every three years. Those who are denied their license can request a road test in an effort to demonstrate they have the skills necessary to keep their license and continue driving.

Additional provisions in the bill:

  • Protects from civil liability those police officers and healthcare providers who notify the RMV that a driver may not be able to safely operate a motor vehicle, and provides immunity from liability for a failure to report;
  • Requires drivers with three surcharged moving violations within two years to take a driver re-training course or have their license suspended indefinitely until completing the course. Current law is five incidents in three years; and
  • For separate instances of the RMV suspending or revoking the license of a driver 75 or older due to medically diagnosed mental or physical disabilities, the legislation expedites the appeals process for the driver, requiring that a hearing be held within 14 days of the suspension or revocation, and further requiring the registrar to consider all medical evidence and make a decision within seven days after the hearing.

The bill now goes back to the House of Representatives for further action.

Municipal Relief Act

The Municipal Relief Act is a package of legislative changes and local-option programs – big and small – designed to give our cities and towns the tools they need to operate more effectively and, ultimately, save money.

This omnibus relief bill is a combination of the best ideas suggested by the Municipal Relief Commission (co-chaired last year by Chairman Paul Donato and Senator Stanley Rosenberg), Governor Deval Patrick, local officials throughout the state, legislators, municipal advocacy groups, and private citizens.

Many of these are simple, straightforward, and common sense changes, allowing municipalities to do things one might have assumed they already could do. For example, this bill allows municipalities to establish an e-billing program, a money-saving practice that has been used by private companies for years. It also allows cities to offer benefits to their workers – such as healthcare spending accounts and larger optional life insurance maximums – already available for state workers, and gives cities the ability to enter into long term leases.

Other provisions are more pro-active, giving municipalities new tools to manage employee benefits, facilitate regionalization, operate more efficiently and enjoy more flexibility in municipal finance.  For example, provisions to promote sound bidding practices and allow municipalities to enter into cooperative purchasing agreements and mutual aid agreements will help cities and towns save money on services, equipment and staffing.

These are tough times for our cities and towns, with cuts to local aid coming at the same time as rising costs. This bill won’t make all of these problems disappear – but it will give municipal officials the tools they need to tackle these problems head on and govern as effectively as possible in this time of lean resources.

Highlights include:

Transferring Eligible Municipal Retirees into Medicare: The bill will reduce benefit costs for municipalities by requiring that all eligible retired local employees enroll in Medicare as their primary source of health insurance coverage, as is already done on the state level.

Optional Early Retirement Program: The bill includes an Early Retirement Incentive program for cities and towns.  This program would allow a limited number of long term municipal employees to receive early retirement benefits, while restricting the town’s ability to refill those same positions to no more than 30%, 45%, and 60% of the former total salaries over the next three years, respectively.  This program would be at the option of municipalities, giving cities and towns the flexibility to determine for themselves whether this tool is appropriate for their community.

Retirement system funding relief: The legislation proposes a pension funding relief plan to help local pension systems address unprecedented asset losses in a fiscally responsible and manageable way, without the significant increases in payments that would otherwise be required.  Specifically, the legislation allows local systems to extend their funding schedule subject to certain conditions and requires that future asset gains be used to shorten schedules, not reduce payments.

Support for School District Regionalization: The bill includes provisions to facilitate regionalization of school districts by allowing regional school districts to join with municipal districts in a superintendency union, and streamlining the process to allow regional school districts to access their stabilization funds.

Collective Purchasing: Another idea to help participating communities to save money, this would allow education collaboratives to leverage economies of scale by entering into bulk purchasing agreements with public entities outside our state borders. It would also give cities, towns and school departments the ability to participate in cooperative purchasing agreements with public agencies outside of Massachusetts.

Mutual Aid Agreements: The bill would allow cities and towns to join statewide mutual aid agreements to provide police, fire, emergency medical, public works, and other public safety assistance to other municipalities. This would allow cities and towns to save money on staffing and equipment while still being prepared for emergency situations.

Sound Business Practices: This would incorporate a number of changes to procurement law, including a provision to allow cities and towns to use reverse auctions when buying products and services in large amounts, reducing costs by having sellers bid against each other to provide the best price.

Municipal Electronic Billing: The bill would allow cities and towns the option to establish a voluntary e-billing program – an added convenience for residents, and a money-saver for cities and town.

Renewable energy revolving fund and betterment program: The bill would allow municipalities to offer a loan program to property owners for renewable energy improvements.  This would give towns interested in promoting energy conservation and green energy the legal mechanism to set up a revolving fund for this purpose.

Flexibility in Municipal and Regional School District Borrowing: The bill would increase flexibility in municipal and regional school district borrowing by extending the allowable borrowing terms. It would also increase flexibility for emergency borrowing, expedite the process for achieving savings through refinancing, and remove overly restrictive requirements for amortization of debt.

Abandoned and Unclaimed Checks: Currently, a check issued by a municipality is not deemed abandoned until 3 years after issuance.  This new provision would allow towns to print a one year expiration period, to be printed on the checks.  Current requirements to attempt to contact the recipient by mail and provide public notices prior to reclamation remain unchanged.

Local Option Tax Amnesty Program: The bill allows towns to adopt a temporary tax amnesty program. Through this program, municipalities could waive portions of the penalties and interest due on unpaid taxes, so long as the taxpayer paid the principal amount owed and was not the subject of a criminal investigation for failure to pay taxes.

Municipal Relief Act: Section by Section Summary

Tools to Encourage and Facilitate Regionalization of Municipal Services

Joint or Regional Assessing Agreements Section 51 clarifies the law permitting joint or cooperative assessing agreements to allow cities and towns to share assessors as well as assessing department staff.

Collective Purchasing by Educational Collaboratives Section 42 allows education collaboratives to enter into bulk purchasing agreements with public entities outside our state borders, to further leverage economies of scale and save money for participating school districts.

Collective Bargaining and Regional Entities Section 41 provides that a municipal decision to enter into an intermunicipal agreement or join a regional entity shall not be subject to collective bargaining.

Mutual Aid Agreements Sections 43 and 44 allow cities, towns, and other governmental units in Massachusetts to join statewide mutual aid agreements to provide police, fire, emergency medical, public works, and other public safety assistance to other municipalities.

Regionalization Incentive Section 120 requires agencies to encourage and prioritize existing grants for municipalities which apply jointly in regionalization efforts.

Municipal Finance Efficiency

Sound Business Practices (Sections 16-22, 111)

    Allows towns to meet procurement requirements through purchase from the General Services Administration supply schedule.

  • Allows procurement officers to use reverse auctions to buy products and services in amounts greater than $25,000 from sellers who bid against each other for the product or service being auctioned.  This process provides a method of acquiring best pricing from qualified bidders. Reverse auctions are allowed to use electronic bidding.
  • Clarifies that intergovernmental transactions ( state to town, feds to town, town to state, etc) are exempt from Chapter 30B.
  • Clarifies that procurements for energy management services have competitive bidding safeguards in place
  • Provides that a construction payment bond is required for contracts of more than $25,000, increased from existing levels of $2000 for municipalities and $5,000 for the Commonwealth.
  • Allows cities, towns, and school departments to participate in cooperative purchasing agreements with public agencies outside of Massachusetts.

Municipal Electronic Billing Section 92 amends c. 60, § 3A, the tax bill statute.
Allows cities and towns option to establish a voluntary e-billing program with the selectmen/mayor as approving officials. The language provides that any “user charge” bills to be included with tax bill mailing or e-billing should be set out in a by-law/ordinance.  A by-law or ordinance would ensure a thorough discussion of the pros & cons, and then would govern all departments including those headed by elected officials. Requires/allows participating towns to
- display personal exemptions granted to seniors, blind, veterans, etc. and net amount due on the bill (subsection a)
- implement voluntary programs of e-billing subject to approval of selectmen or mayor (subsection b)
- include bills for other municipal charges (water, sewer, trash, light plant) in same envelope or e-billing as tax bill, as authorized by by-law or ordinance.  The bills for the other charges have to be separate and distinct.  Bills for independent water & sewer commission may be included in by-law or ordinance if approved by the commission.

Review of Assessment Certification Schedule Section 46 allows DOR to adjust the scheduled year for triennial certification of local assessing practices in order to equalize the number of communities scheduled in each year and to facilitate or implement regional and other cooperative assessing arrangements.  This will enable DOR and local assessors to more efficiently and effectively carry out their responsibilities in ensuring current fair market values on an annual basis.  Similar and nearby communities will be able to share consultants and market data, thereby resulting in more accurate assessments for local taxpayers.

Audit of Personal Property Returns Sections 80-82, 87-91 would allow assessors to subpoena and audit the records of taxpayers who are required to file an annual return of their taxable personal property in order to determine whether the return is complete and accurate. The assessors will have three years to audit the records.  If taxable property is discovered, they will have six months to make an omitted or revised assessment.   Taxpayers assessed under those sections have the right to apply for an abatement within 3 months after the additional tax bill is mailed.

Streamlined Abatement Process Section 75 streamlines the process by which local assessors can grant abatements without receiving prior approval from the department of revenue.  The commissioner will issue guidelines granting authority to abate for reasons determined by DOR to be in the public interest.

Amortize snow and ice removal costs. Section 77 allows municipalities to amortize 2010 snow and ice removal costs over the fiscal years 2011 and 2012.

Increase the Assessors Penalty Fee Section 83 Currently, Chapter 59, Section 38 D provides for a $50 dollar penalty to a commercial property owner who fails to provide information requested by the Board of Assessors in order to make accurate assessments.  Section 83 would increase that fee to $500 in the case of Class three or four real property.

Assessor Extension Requests Section 84 protects local Boards of Assessors from frivolous extensions of time by providing that failure of an owner or lessee of real property to comply with a request for information within 60 days will be automatic grounds for dismissal of a filing at the Appellate Tax Board.  The Appellate Tax Board and County Commissioners would be prohibited from granting extensions unless the applicant was unable to comply for reasons beyond his control or unless he attempted to comply in good faith.

Overlay Accounts Sections 78, 79, 85, 86 Under current law, a separate overlay account is created by towns for each fiscal year to fund abatements through the appeal of tax bills and other tax abatement programs. Surpluses from one year cannot be used to fund abatements for another year when that year’s overlay has been depleted and a deficit created. A surplus from any year’s overlay account can be used to finance operating or other municipal spending.

Sections 78, 79, 85, and 86 provide that a single overlay account would be created, with the amounts added each year effectively treated as exclusions from the levy limits of prop 2 ½.  However, any surplus overlay could not be used to fund operating or other spending.  Instead, any surplus would remain in the overlay account and continue into the following fiscal year.

Under this approach, municipalities would be more likely to avoid deficits and in some years, may be able to avoid having to raise additional amounts for the fund.  Since no overlay surplus would exist, the amounts added outside of Prop 2 1/2 could never be used to fund operating or other spending

Local Option Tax Amnesty Program Section 115 allows adoption of a temporary tax amnesty program by a town, which as written would expire on June 30, 2011. Through this program, municipalities may waive portions of the penalties and interest due on unpaid taxes, so long as the taxpayer pays the principal amount owed and was not the subject of a criminal investigation for failure to pay taxes.

Abandoned and Unclaimed Checks Section 113 allows a one year expiration period to be printed on checks but does not change the current requirement to attempt to contact the recipient by mail and provide public notices prior to reclamation. Current law states that a check issued by a municipality is not deemed abandoned until three years after date of issuance.

Elimination of Fee for State House Notes Section 71 eliminates the fee charged to municipalities for the processing of State House Notes by the Director of Accounts.  The revenue generated annually is a nominal amount.  Eliminating this fee streamlines the processing of the notes and reduces costs for local governments.

Long term municipal leases Section 40 allows municipalities to enter into leases of up to 30 years without home rule petition to the legislature.  This is an increase from 10 years.

Civil Service Maximum Age Sections 23 and 24 authorize the appointing authority to apply to the personnel administrator to waive the civil service maximum age requirement for certain individuals based on extenuating circumstances, consistent with the fundamental purposes of the requirement.  No longer need to go through home rule.

Separate Taxation of Condo Development Rights/Other Interests Sections 93-95, 112, and 122 allow taxation of additional units constructed or under construction on land subject to a condominium master deed to the developer who retains development rights in the land.  Those improvements now escape taxation until the master deed is amended because they are not separately taxable under the condo statute. 

Renewable energy revolving fund and betterment program. Sections 56 and 57 set up a mechanism for municipalities to offer a loan program to residents for renewable energy improvements.  The fund must be established by ordinance or bylaw after a public hearing.  The fund administrator can apply for and accept grants of gifts for the purpose of the fund, make loans to private property owners to finance or refinance the costs of energy conservation and renewable energy projects after an energy audit has been completed, and receive repayments of the loans and interest.  Whenever the city or town enters into the loan agreement with a property owner in this manner, a betterment agreement subject to Chapter 111 must be recorded.

Motor Vehicle Registration Compliance Sections 105 and 107 require that any new resident must register their vehicle within 30 days or penalty fees would apply.  Any resident who owns a vehicle registered out of state but is for all intents and purposes operating within the Commonwealth would be subject to penalties $250-500$. Half of the penalty fee would remain in municipality where violation occurred.

Due Date Motor Vehicle Excise Tax bill Currently payment due date is 30 days after issue which can cause confusion.  Section 96 requires specific due date to be printed on bills.

Boat Excise Compliance Section 97 requires non-payment of boat excise tax to be reported so that vessel registration is not granted.

Authorizing municipal borrowing for dredging projects Section 58 clarifies that municipalities can borrow for dredging projects

Authorizing municipal borrowing for environmental clean up Section 59 clarifies that municipalities can borrow for the cleaning up or prevention of pollution caused by existing or closed municipal facilities, without legislative approval.

Trench Laws Section 104 would waive the requirement that a contractor need a trench permit so long as the excavation is to be completed in one day, not left unattended, and will be backfilled and graded on the same day.  Any violation would be punishable by fine not to exceed $2500 per day.

Flexibility in Municipal and Regional School District Borrowing Sections 60-70 and 98 increase flexibility in municipal and regional school district borrowing by allowing borrowing for terms consistent with the maximum useful life of the asset, but not more than 30 years, as determined in accordance with guidelines established by the Division of Local Services of the Department of Revenue. Also increases flexibility for emergency borrowing, expedites the process for achieving savings through refinancing and removes overly restrictive requirements for amortization of debt.

Tools for Managing Employee Benefits

Transfer of Eligible Municipal Retirees into Medicare – Sections 36 and 37 reduce municipal benefit costs by requiring that all eligible retired local employees enroll in Medicare as their primary source of health insurance coverage.  The state already requires this of state employees.  Currently cities and towns have the OPTION of doing this, but a large number of cities and towns have not done so.  As a result, their retirees remain in the community’s health plan at considerable and unnecessary expense to local taxpayers.  (As of last January, 174 towns had considered the shift, only 107 voted to do so).

Optional Early Retirement Program - Section 25 is an Early Retirement Incentive program for cities and towns.  This program would allow a limited number of long term municipal employees to receive early retirement benefits, while restricting the town’s ability to refill those same positions to no more than 30%, 45%, and 60% of the former total salaries over the next three years, respectively.  This program would be at the option of municipalities, giving cities and towns the flexibility to determine for themselves whether this tool is appropriate for their community.

Retirement system funding relief: Sections 26 – 29 is a pension funding relief plan to help local pension systems address unprecedented asset losses in a fiscally responsible and manageable way, without the significant increases in payments that would otherwise be required.  Specifically, the legislation allows local systems to extend their funding schedule subject to certain conditions and requires that future asset gains be used to shorten schedules, not reduce payments.

Revised Provisions for Transfer of Municipal Retirement Systems into PRIT. Sections 30 and 31.  Section 30 provides that a system that has voluntarily transferred its assets to PRIT before receiving a notice from PERAC that the system is underperforming shall be exempt from the requirement that the transfer be in perpetuity.  Section 31 provides a simplified appeal process for those systems that appeal for an exemption from a transfer order.

Pro-rating of Insurance for Part-time employees. Section 32 allows a municipality to pro-rate its contribution for a part time employee’s health insurance premium based on the number of hours per week worked by the employee, saving money for cities and towns.

Pro-rating of Insurance for Part Time Retirees Section 33 allows towns to negotiate health insurance contributions on a sliding scale for retirees working part time and hired after the date of this act.

Municipal Life Insurance. Sections 34 and 35 amend Section 11A of Chapter 32B by increasing the optional life insurance maximum for municipal, county, and district employees from $74,000 to $150,000 and allowing the local board to make the determination of amount.

Health Care Spending Accounts. Section 38 allows municipal employees adopting the state’s health insurance to also obtain certain optional benefits under in the GIC.  Employees contribute their own pre-tax dollars to be used for eligible dependent care or health related expenses.

Relative to Elections

Authorize Cities and Towns to send voter information Section 72 sets up a local option mechanism to authorize governing bodies in individual towns to send information to voters at least 10 days prior to any election at which a binding or nonbinding question is submitted solely to the voters of that town.  Information includes the full text of the question;  a fair and concise summary of the question, including a one sentence statement describing the effect of the yes or no vote, prepared by the town counsel; and arguments for and against the question.  It is currently possible to do this only with a home rule petition.

Reduce the number of election officer required for polling places Sections 73 and 74 reduces the number of election officers required under Chapter 54 for polling places.

Validation of Local Elections by Secretary of State Section 39 authorizes the Secretary of State to validate a town election or actions taken at a town meeting where an inadvertent failure to comply with certain procedural requirements occurred, but the result did not contradict the fundamental purposes of those requirements and the error was unlikely to affect the outcome of the election or meeting

Relative to Schools

Regional School Districts Sharing Superintendents Section 101 This section allows regional school districts to join with municipal districts in a superintendency union and will facilitate a step toward regionalization.

Regional School Districts Access to Stabilization Funds. Section 99 Facilitates amd streamlines the process to allow Regional School Districts to access their stabilization funds.

School and Municipal Coordination Section 100 states that towns may accept the provisions of this section, requiring that school and city officials meet annually to review the fiscal status of the school district budget and to identify potential cost savings through shared services.

SPED tuition rates Section 102 specifies that SPED rates can be established only at the start of the fiscal year.  Note that individual plans can still change during the school year.

SPED mileage reimbursement for parents Section 103 allows schools to choose to adopt a program of parental reimbursement for parents who voluntarily choose to transport their disabled child to an approved out of district placement.  This provision would allow a district to reimburse at rates in excess of the standard state mileage reimbursement if it can be demonstrated that such reimbursements represent a cost savings.

Agency review of state and federal school reporting requirements Section 119 directs the Department of Early and Secondary Education to review state and federal reporting requirements in order to consolidate and reduce duplicity of reporting.

Other

Municipal Police Training  – Motor Vehicle Inspection Fee Increase Sections 1-14, 45, 52-55, 108-110, 114, 121, 123

Chapter 6 of the General Laws is amended to change the authority and functions of the existing Municipal Police Training Committee. The membership is unchanged, but the Committee now becomes more advisory:  Chapter 6 of the General Laws is further amended by striking out Section 116 and inserting a new section that establishes a municipal police training agency within the Executive Office of Public Safety and Security.  The agency takes over some of the responsibilities previously held by the Committee, including training and promulgation of regulations. The Secretary of Public Safety and Security is given the authority to promulgate regulations relative to the policies and standards for training municipal police officers.

Language provides that if a municipality pays for a police officer or recruit to attend basic training officer or recruit must remain in the service of that municipality’s police department for a minimum number of consecutive years, determined by the secretary of public safety and security by regulation; otherwise the officer or recruit is required to reimburse the municipality for the cost of the basic training costs; pro-rated, based upon the proportion of required service that such officer or recruit shall have served; provided that the officer’s or recruit’s failure to serve such municipality’s police department for the required period was voluntary.

Section 106 raises the motor vehicle inspection fee by $6 which will be deposited into the General Fund for distribution to cities and towns for municipal police training and community policing and to the department of state police for training and community policing; provided, however, that money distributed for basic police training established by the municipal police training committee shall be contingent upon a match of not less than $1 in municipal contributions for every $1 in state funding; and provided further, that state matching funds shall not exceed the amount available for appropriation. (revenue enhancer)

State Cultural Districts Section 15 establishes criteria for municipalities to create state cultural districts and directs departments and agencies to identify existing incentives and resources to enhance such districts. A cultural district shall be a recognized, labeled, mixed-use, compact area of a city or town in which a high concentration of cultural facilities serves as an anchor.  The purpose is to attract artists and cultural enterprises to a community, while encouraging business and job development, establishing tourist destinations, preserving and reusing historic buildings, enhancing property values and fostering local cultural development.  Agencies are directed to work with towns to identify programs and services that support and enhance the development of cultural districts and assure that they are accessible to such districts.

Tax Increment financing Sections 47, 48, 49, and 76 allow municipalities flexibility to negotiate the amount of the personal property tax exemption provided in a tax increment finance plan. Currently, personal property taxes can be waived, but only by 100%.   The amount of the exemption for personal property shall be determined by multiplying the exemption percentage by the fair cash value of the personal property.

Affordable Housing Excess Profits Section 50 allows municipalities to collect excess profits from 40B projects for use for planning, education, public safety and infrastructure.

Studies

Establish Commission to review Local Aid Formulas Section 116  Commission will review the general unrestricted local aid formula.

Study on collaborative purchase of fuel: Section 117  creates a special commission to investigate reduction of fuel costs through statewide heating fuel collaborative.

Study on county funding. Section 118 would establish a special commission to study the financing of county governments in the Commonwealth; to recommend to the Legislature any proposals for revenue sources that may be necessary to meet the obligations of the counties, including proposed changes in fees, rates, assessments, leases, or permits. 

Anti-Bullying Bill Advances

FOR IMMEDIATE RELEASE

February 23, 2010

Anti-Bullying Bill Advances

Based on Bullying-Prevention Bill Sponsored by Senator Eldridge

BOSTON – The Joint Committee on Education approved a bullying-prevention bill today that aims to dramatically reduce bullying at schools. The bill, which is based on the frameworks found in the bill filed last January by State Senator Jamie Eldridge (D-Acton), prohibits bullying, including cyberbullying, on school grounds and would require schools to develop a bullying prevention and intervention plan.

“This comprehensive, prevention-oriented legislation will work to end the tragic cycle of bullying we’ve seen in the Commonwealth’s schools for years, leading to tragedies like those in South Hadley, Springfield and too many other communities,” said Eldridge. “It’s a strong step toward a Commonwealth where schools are a safe place for all students.”

The bullying-prevention legislation was originally championed by former State Senator Robert Antonioni, who, upon his retirement, asked Eldridge to carry the torch. “Bob was a strong advocate for this issue for years, and really deserves a lot of credit for the time and energy he put into this bill. I was moved by his passion, and honored to sponsor the bill this year.”

The bill that was passed by the Committee today would:

  • Specifically define bullying, including cyberbullying.
  • Prohibit bullying at school and at all school facilities, at school-sponsored or related functions, on school buses and at school bus stops, through the use of technology or an electronic device owned, licensed or used by a school, and at non-school-related locations and through non-school technology or electronic devices, if the bullying affects the school environment.
  • Require schools to provide age appropriate bullying prevention instruction for students in each grade.
  • Require schools to provide professional development for teachers and other staff to help them prevent and stop bullying and to offer education to parents about bullying prevention.
  • Mandate that children on the Autism spectrum receive training on how to avoid and respond to bullying.
  • Require all school staff to promptly report bullying when they witness or become aware of it. A school principal or his designee must immediately investigate and take appropriate disciplinary action.
  • Require each school to develop a bullying prevention and intervention plan, containing:
    • Procedures for responding to and investigating reports of bullying
    • Strategies for protecting those who report bullying
    • Notice to the parents or guardians of students involved in bullying, including perpetrators and victims
    • Appropriate services for students who have been bullied or who are bullies
  • Require the Department of Elementary and Secondary Education to develop a model bullying prevention and intervention plan and compile a list of bullying prevention and intervention resources, to aid schools and districts in anti-bullying efforts.

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Testimony on An Act to Promote Economic Development throughout the Commonwealth

This is a comprehensive bill and I commend Chairwoman Spilka and President Murray for their work to streamline the commonwealth’s economic development agencies and improve access to capital for small businesses.  I would like to request that the Committee consider the following:

Tax Credit Transparency

This bill will increase accountability and oversight of state agencies, quasi-publics and our contracts with private organizations engaged in economic development activities.

This should extend to an examination of where every single public dollar is going, and what impact it is having especially in this time of massive budget cuts,

The committee should include language to amend Chapter 62C of the General Laws to require public disclosure of the results of refundable or transferable tax credit programs that was proposed by Governor Patrick in H2.

This measure would provide us with the information we need to be good stewards of the public’s money, and provide a measure of accountability as to the cost effectiveness of tax credits.

Gathering information on these tax credits would allow us to determine if it makes sense in this fiscal climate to begin pulling back on certain tax credits is so that money and resources can be sent to our economic development agencies allowing them to do their job better and focus additional resources to workforce development programs to help train the unemployed workers.

Asset Development/ Workforce development

As Chair of the Asset Development commission spent two years examining ways in which the state’s agencies can work for low-income people.  This bill is uniquely positioned to streamline the states economic development agencies to benefit businesses and individual development.

This can be realized by demanding that state agencies put particular emphasis on lending to poor families and poor areas of the state, and restoring programs like the Individual Development Accounts and workforce development and training.

The Massachusetts Individual Development Account program is a competitive grant program allows low and moderate wage earners to move towards economic self sufficiency.  They may use these IDA savings for one of three goals: purchase their first home; receiving post secondary education or training; or starting/expanding a small business.

State Owned Bank

Increased lending and credit can be achieved through the formation of State Owned bank.  North Dakota has successfully maintained a state owned bank since its creation in 1919 and other states are currently looking into such a model.

The Bank of North Dakota serves as an economic development agency and a lender to banks that lessens the loan risks of private banks and helps them finance larger projects. It offers cheap loans to farmers, students and businesses

Devens Enterprise Commission

On a local matter, I request that Sections 129, 130 and 131 be changed or removed as a result of their references to the Devens Enterprise commission and Chapter 498 of the Acts of 1993

The three towns Ayer, Harvard and Shirley that comprise Devens found a delicate balance in Chapter 498 and it was seen as sacred that any changes would have to be agreed upon by the towns.

Changes to the DEC and Chapter 498 are interfering in a local matter, and I believe that my constituents and district would see it that way too.

The concern stems from the fact that the Devens Enterprise Commission (DEC) is a land use board which votes on actual proposals like a ZBA, Planning Board, Conservation Commission, and Board of Health would. The DEC is a Land Use Permitting and Regulatory agency, not an economic development agency and it should be left out of the legislation.

Municipal Relief Act Released from Committee

FOR IMMEDIATE RELEASE
February 23, 2010

Municipal Relief Act Released from Committee

Bill will help cities and towns save money, operate more effectively

BOSTON -Senator Jamie Eldridge and Representative Paul Donato, chairs of the Joint Committee on Municipalities & Regional Government, have announced that the committee has favorably reported out the 2010 Municipal Relief Act. This omnibus relief bill is a package of legislative changes and local-option programs – big and small – designed to give cities and towns the tools they need to operate more effectively and, ultimately, save money.

The Municipal Relief bill is a combination of the best ideas suggested by the Municipal Relief Commission (co-chaired last year by Chairman Paul Donato and Senator Stanley Rosenberg), Governor Deval Patrick, local officials throughout the state, legislators, municipal advocacy groups, and private citizens.

“These are tough times for our cities and towns, with cuts to local aid coming at the same time as rising costs, and the state has a duty to help. This bill won’t make all of these problems disappear – but it will give municipal officials new tools they need to tackle these problems head on and govern as effectively as possible in this time of lean resources,” said State Senator Jamie Eldridge (D-Acton). “I also want to applaud Governor Deval Patrick for his leadership in filing the Municipal Partnership Act, as well as Senator Rosenberg and Representative Donato, for the incredible work they did with the Special Commission on Municipal Relief.”

“Now more than ever it is critical that the Legislature be able to assist our communities with the challenges that they face today and in the future. I’ve been directly involved with this initiative for some time now, and I am confident that we have put together a comprehensive array of cost saving and efficiency creating tools to help our cities and towns throughout the Commonwealth,” added Representative Paul Donato (D-Medford).

“Our cities and towns are in a challenging situation, there’s no question about it,” Senator Rosenberg (D-Amherst) said. “But the good news is that challenges spark creativity and encourage collaboration. I believe this bill represents a good-faith effort to give municipalities as many tools as possible to meet their budgeting needs.”

Convened by the Massachusetts Legislature in 2008, the Special Commission on Municipal Relief, chaired by Senator Rosenberg and Representative Donato, was given the task of finding ways that cities and towns throughout the Commonwealth could raise revenues, reduce costs and operate more efficiently. Through the collaborative efforts of lawmakers, business leaders, educators, labor leaders and municipal officials, the 16 member bi-partisan legislative commission offered a comprehensive report on its findings in May of 2009.

Weighing all the components of Governor Patrick’s Municipal Partnership Act together with the recommendations of the Special Commission on Municipal Relief, the Joint Committee on Municipalities and Regional Government began the process of putting together the best possible proposal that could be offered to the Legislature. Three hearings were held across the state, and the Committee made every effort to listen to the ideas and concerns of all interested parties – including retirees, current municipal employees, unions, municipal officials, and municipal advocacy groups – and build consensus where possible.

Many of the changes proposed in the bill are simple, straightforward, and common sense, allowing municipalities to do things one might have assumed they already could do.

For example, this bill allows municipalities to establish an e-billing program, a money-saving practice that has been used by private companies for years. It also allows cities to offer benefits to their workers – such as healthcare spending accounts and larger optional life insurance maximums – already available for state workers, and gives cities the ability to enter into long term leases.

Other provisions are more pro-active, giving municipalities new tools to manage employee benefits, facilitate regionalization, operate more efficiently and enjoy more flexibility in municipal finance.  For example, provisions to promote sound bidding practices and allow municipalities to enter into cooperative purchasing agreements and mutual aid agreements will help cities and towns save money on services, equipment and staffing.

After careful consideration, the Committee decided not to include municipal healthcare reform in this package. Although the Committee agreed that this controversial issue needs to be addressed, stakeholders remain far apart on a solution to the issue. In the interest of passing an effective municipal relief bill quickly, the Committee opted to continue work on municipal healthcare reform separately.

Highlights of the bill include:

  • Transferring Eligible Municipal Retirees into Medicare: The bill will reduce benefit costs for municipalities by requiring that all eligible retired local employees enroll in Medicare as their primary source of health insurance coverage, as is already done on the state level.
  • Optional Early Retirement Program: The bill includes an Early Retirement Incentive program for cities and towns. This program would allow a limited number of long term municipal employees to receive early retirement benefits, while restricting the town’s ability to refill those same positions to no more than 30%, 45%, and 60% of the former total salaries over the next three years, respectively. This program would be at the option of municipalities, giving cities and towns the flexibility to determine for themselves whether this tool is appropriate for their community.
  • Retirement system funding relief: The legislation proposes a pension funding relief plan to help local pension systems address unprecedented asset losses in a fiscally responsible and manageable way, without the significant increases in payments that would otherwise be required.  Specifically, the legislation allows local systems to extend their funding schedule subject to certain conditions and requires that future asset gains be used to shorten schedules, not reduce payments.
  • Support for School District Regionalization: The bill includes provisions to facilitate regionalization of school districts by allowing regional school districts to join with municipal districts in a superintendency union, and streamlining the process to allow regional school districts to access their stabilization funds.

  • Collective Purchasing: Another idea to help participating communities to save money, this would allow education collaboratives to leverage economies of scale by entering into bulk purchasing agreements with public entities outside our state borders. It would also give cities, towns and school departments the ability to participate in cooperative purchasing agreements with public agencies outside of Massachusetts.
  • Mutual Aid Agreements: The bill would allow cities and towns to join statewide mutual aid agreements to provide police, fire, emergency medical, public works, and other public safety assistance to other municipalities. This would allow cities and towns to save money on staffing and equipment while still being prepared for emergency situations.
  • Sound Business Practices: This would incorporate a number of changes to procurement law, including a provision to allow cities and towns to use reverse auctions when buying products and services in large amounts, reducing costs by having sellers bid against each other to provide the best price.

  • Municipal Electronic Billing: The bill would allow cities and towns the option to establish a voluntary e-billing program – an added convenience for residents, and a money-saver for cities and town.
  • Renewable energy revolving fund and betterment program: The bill would allow municipalities to offer a loan program to property owners for renewable energy improvements. This would give towns interested in promoting energy conservation and green energy the legal mechanism to set up a revolving fund for this purpose.
  • Flexibility in Municipal and Regional School District Borrowing: The bill would increase flexibility in municipal and regional school district borrowing by extending the allowable borrowing terms. It would also increase flexibility for emergency borrowing, expedite the process for achieving savings through refinancing, and remove overly restrictive requirements for amortization of debt.
  • Abandoned and Unclaimed Checks: Currently, a check issued by a municipality is not deemed abandoned until 3 years after issuance. This new provision would allow towns to print a one year expiration period, to be printed on the checks. Current requirements to attempt to contact the recipient by mail and provide public notices prior to reclamation remain unchanged.

  • Local Option Tax Amnesty Program: The bill allows towns to adopt a temporary tax amnesty program. Through this program, municipalities could waive portions of the penalties and interest due on unpaid taxes, so long as the taxpayer paid the principal amount owed and was not the subject of a criminal investigation for failure to pay taxes.

The bill has now been referred to the House Committee on Ways & Means for their review.

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