reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6a - Executive Offices › Section 18d - Public Safety Answering Points; Establishment; Proposed Municipal Plans; Statewide Plan

Section 18D. (a) Each municipality in the commonwealth, under the requirements of chapter 150E, shall establish, staff and operate, in conjunction with 1 or more other municipalities or governmental bodies, as determined by the department, or by itself, a PSAP on a 24 hour a day, 7 days a week basis, in a manner and according to a schedule to be approved by the department.
(b) The department shall review each proposed municipal or regional plan to determine if it meets the requirements of sections 18A to 18J, inclusive, and the technical and operational standards established by the department. The department shall require primary and regional PSAPs to display automatic number identification, automatic location identification and may require other enhanced 911 features that are or may become available and set forth in the department's regulations, standards and guidelines for administration of statewide enhanced 911 services. The primary and regional PSAP shall be designed according to the plan as specified in subsection (c).
(c) The department shall develop and maintain a statewide plan for the implementation and maintenance of enhanced 911 service consistent with federal law and regulation, including next generation 911 and IP–enabled 911 services and, if the technological and operational capability and financial feasibility exists, the routing of 911 wireless calls to primary and regional PSAPs. Such plan shall include the following:
(1) a division of the commonwealth into geographical segments under which an enhanced 911 system shall be established for each municipality, or by groups of municipalities, or by other governmental bodies, or groups of other governmental bodies, or by a combination of municipalities or governmental bodies, as specified and approved by the department;
(2) an implementation schedule, developed after consultation with communication services providers for the sequence of converting to enhanced 911 systems or next generation 911 systems;
(3) a designation, within each enhanced 911 system, of the municipalities and the public safety departments within such municipalities to serve as the primary or regional PSAPs. The department shall also evaluate the need for secondary and regional secondary PSAPs in municipalities which have requested them. It shall be the responsibility of the department to make the final determination regarding the total number and location of such PSAPs; and
(4) the department shall, not later than September 30, annually, review the existing configuration of primary, regional, regional secondary, limited secondary and ringing PSAPs and develop changes or recommendations for change by December 31, annually.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6a - Executive Offices › Section 18e - Civil Proceedings by Attorney General

Section 18E. The attorney general may, at the request of the department or on the attorney general's own initiative, institute civil proceedings against any municipality or other governmental body operating a PSAP, or any enhanced 911 service provider or communication services provider, to enforce sections 18A to 18J, inclusive.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6a - Executive Offices › Section 18i - Monitoring of Emergency 911 Communications

Section 18I. Notwithstanding any general or special law to the contrary, a municipality or other governmental body, under the requirements of chapter 150E, may modify, change or alter communication equipment used in the municipality's or other governmental body's enhanced 911 system in order to permit the monitoring of emergency 911 communications by the fire department of the municipality or other governmental body at a secure location staffed at all times by fire department personnel fully trained in such monitoring. The emergency 911 communications shall be monitored in a manner that prevents any broadcast of such communications to the general public. The secure location used for monitoring emergency 911 communications shall be restricted to trained fire department personnel when such communications are being monitored. No such modification or change in a municipality's or other governmental body's wireline carrier equipment or enhanced 911 system shall cause any degradation of the state's 911 system.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6a - Executive Offices › Section 18j - Multi-Line Telephone System Required to Provide Enhanced 911 Service; Exemptions

Section 18J. Beginning July 1, 2009, any new or substantially renovated multi-line telephone system shall provide the same level of enhanced 911 service that is provided to others in the commonwealth. The department shall adopt regulations to implement this requirement. In such regulations the department may exempt certain multi-line telephone systems from this requirement based on such factors as costs and the public benefits of compliance, except that accessibility of such a system to people with disabilities may only be waived if the proponent of the waiver has shown it to be technologically infeasible or of excessive cost without benefit to the disability community. For the purposes of this section, a ''multi-line telephone system'' shall mean a system comprised of common control units, telephones and control hardware and software providing local telephone service to multiple end-use customers in businesses, apartments, townhouses, condominiums, schools, dormitories, hotels, motels, resorts, extended care facilities, or similar entities, facilities or structures. ''Multi-line telephone system'' shall include: (1) network and premises based systems such as centrex, pbx and hybrid key telephone systems; and (2) systems owned or leased by governmental agencies, nonprofit entities and for-profit businesses.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6a - Executive Offices › Section 18k - Construction of Secs. 18a to 18j

Section 18K. Sections 18A to 18J, inclusive, shall not be construed to limit or expand the authority to regulate communication service providers under chapters 159 or 166 nor construed to authorize the department, or any other agency, department or subdivision of government, to regulate the rates, terms or conditions of interconnected VoIP service providers or IP–enabled services, other than for the enhanced 911 surcharge or the provision of enhanced 911 services under said sections 18A to 18J, inclusive.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6a - Executive Offices › Section 18o - Regional 911 Emergency Communication District; Planning Committee

Section 18O. (a) As used in sections 18O to 18V, inclusive, the term ''regional 911 emergency communication center'' shall mean a facility housing or otherwise supporting a regional emergency communication center or a regional PSAP, as those terms are defined in section 18A, if the regional 911 emergency communication center is approved by the state 911 department.
(b) Two or more municipalities, by approval of the chief executive officer of a city or by vote of a board of selectmen or town council, may create a regional 911 emergency communication district planning committee, hereinafter called the district planning committee, consisting of 3 unpaid persons to be appointed by the mayor in each participating city and by the chairman of the board of selectmen or town council in each participating town.
(c) The district planning committee shall study the feasibility of establishing and constructing a regional 911 emergency communication district and propose the district's organization, governance structure, operation, location, estimate of construction or siting and operating costs, maintenance and methods of financing. Each municipality comprising the district planning committee may appropriate sums to compensate the committee's expenses. The district planning committee may expend any sums so appropriated and may employ any expert assistance as it considers necessary to carry out sections 18O to 18V, inclusive. The district planning committee may apply for, accept and expend, without appropriation, grants or gifts of funds from the federal government, the commonwealth or any other source.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6a - Executive Offices › Section 18q - Regional 911 Emergency Communication District; Vote on Establishment

Section 18Q. If a district planning committee recommends that a regional 911 emergency communication district be established, the city councils or the boards of selectmen or town councils of member municipalities shall vote on whether to accept the proposed district agreement. For each council or board, the following question to be voted on shall be as follows:— ''Shall the municipality accept the provisions of sections 18O to 18V, inclusive, of chapter 6A of the General Laws providing for the establishment of a regional 911 emergency communication district, together with the cities of ___ and the towns of ___, and the construction or siting, administration, operation and maintenance of a regional 911 emergency communication center by the district under the provisions of the proposed district agreement filed with the city council, board of selectmen or town council?''
If a majority of the members of each city council, board of selectmen or town council voting on the question vote in the affirmative, the proposed regional 911 emergency communication district shall be established under the terms of the proposed district agreement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6a - Executive Offices › Section 18s - Regional 911 Emergency Communication District; Annual Budget; Apportionment Among Member Municipalities

Section 18S. The regional 911 emergency communication district board shall annually determine the necessary amounts to maintain and operate the district during the ensuing fiscal year and the amounts required to pay any debt and interest incurred by the district. The district board shall apportion the amount so determined among the member municipalities under the terms of the district agreement. The amounts apportioned for each member municipality shall be certified by the district treasurer to the chief executive officers, board of assessors and treasurers of the participating municipalities not later than February 1, annually, and the amounts so certified shall be appropriated and paid to the district treasurer at the times specified in the district agreement. If any participating municipality fails to include any apportioned amount so certified in its appropriations for the fiscal year, the board of assessors shall raise the amount in the tax levy of that year under section 23 of chapter 59.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6a - Executive Offices › Section 18t - Regional 911 Emergency Communication District; Duties of Board; Records; Financial Statements; Annual Report; Audits

Section 18T. The regional 911 emergency communication district board shall maintain accurate and comprehensive records of services performed, costs incurred and reimbursements and contributions received. The district board shall issue quarterly and annual financial statements to all member municipalities and to the finance advisory subcommittee. The annual report shall include the center's maintenance and operating budget, including the amounts assessed to each member municipality, and any debt and interest incurred by the district under section 18R. The district board shall perform regular audits of the accounts of the records of the district. Upon the completion of each audit, the district board shall forward a copy of the audit to the mayor, the chairman of the board of selectmen or town council of each member municipality, the finance advisory subcommittee, the state auditor, the state 911 department and the division of local services.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6a - Executive Offices › Section 18u - Regional 911 Emergency Communication District; Applicability of Certain Provisions Within Chapter 44

Section 18U. Sections 16 to 28, inclusive, of chapter 44 shall apply to regional 911 emergency communication districts. Section 16 of said chapter 44, relative to the countersigning of bonds and notes, and section 24 of said chapter 44, relative to the countersigning and approval of notes and the certificates of the clerk relating thereto, shall not apply to regional 911 emergency communication districts. Any debt incurred by a regional 911 emergency communication district shall not be subject to the limit of indebtedness prescribed in section 10 of said chapter 44.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6a - Executive Offices › Section 18v - Regional 911 Emergency Communication District; Provisions for Sale, Lease or License of Facility, Building and Land

Section 18V. A district agreement established under section 18Q or any amendment to the district agreement may contain provisions authorizing any member municipality to sell, lease or license to the regional 911 emergency communication district any facility, building and any land appurtenant thereto or used in connection therewith or any other property useful for the purposes of the district. Notwithstanding section 3 of chapter 40 or any other general or special law to the contrary, any member municipality may authorize a sale, lease or license. For a sale, the terms and time of payment and the method by which the municipalities other than the selling municipality shall be assessed for payment shall be established in the district agreement or amendment; provided, however, that in no case shall payments be made which shall exceed 25 years. For a lease or license, the terms and time of payment and assessment shall be established in the district agreement or amendment. The term of a lease or license shall not exceed 25 years and may contain provisions for the extension of the lease or license for an additional term not to exceed 25 years at the option of the regional 911 emergency communication district board.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6a - Executive Offices › Section 18w - Special Commission to Investigate and Study Improving Information and Resource Sharing Between Certain Public Bodies Related to Criminal Justice; Membership; Duties

Section 18W. There shall be a special commission established to investigate and study improving information and resource sharing among the office of probation, department of criminal justice information services, parole board, department of corrections, and all sheriffs in the commonwealth. The commission shall consist of the secretary of public safety and security or the secretary's designee, who shall serve as chair; the commissioner of probation or the commissioner's designee; commissioner of department of criminal justice information services or the commissioner's designee; the chair of the parole board or the chair's designee; the commissioner of correction or the commissioner's designee; the commissioner of youth services, or the commissioner's designee; and the president of the Massachusetts Sheriffs Association or the president's designee.
The investigation shall include, but not be limited to:
(a) identifying and eliminating redundant and duplicative practices, while promoting public safety and cost-effectiveness;
(b) developing a common risk and needs assessment tool for supervised individuals, to be used by the office of probation, trial court office of community supervision, parole board, department of corrections and sheriffs;
(c) developing policies and protocols for individuals who have been sentenced to supervision under more than one of the agencies or departments concurrently to ensure that said supervision is meted in an orderly and effective manner for those individuals who are subject to dual supervision;
(d) establishing procedures for the sharing of information on supervised individuals, including procedure for addressing any privacy issues raised by the sharing of information between agencies; provided, however, that if the commission discovers legal impediments to sharing information between the organizations it shall draft and report legislative recommendations to address such impediments;
(e) investigating the creation of a common office of performance management to track the effectiveness and outcomes of programs used by the office of probation, trial court office of community supervision, parole board, department of corrections and sheriffs; and
(f) investigating the effectiveness of the office of community corrections, potential improvements to its function and organization, including the feasibility and advisability of relocating it to the executive office of public safety and security.
The commission shall annually report on its activities and on any findings and recommendations to the chairs of the joint committee on the judiciary, the chairs of the joint committee on public safety and homeland security and chairs of the senate and house committees on ways and means not later than December 31.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6a - Executive Offices › Section 18y - Annual Reporting by Law Enforcement Agencies, Medical Facilities, Crime Laboratories, and Any Other Facilities That Receive, Maintain, Store or Preserve Sexual Assault Evidence Kits

Section 18Y. Annually, on or before September 1st, the following reports regarding the previous fiscal year shall be submitted to the executive office of public safety and security by law enforcement agencies, medical facilities, crime laboratories, and any other facilities that receive, maintain, store or preserve sexual assault evidence kit. The reports shall contain: (i) the total number of all kits containing forensic samples collected or received; (ii) the date of collection or receipt of each kit; (iii) the category of each kit; (iv) the sexual assault that was reported to law enforcement; (v) whether or not the victim chose not to file a report with law enforcement (non-investigatory); (vi) the status of the kit; (vii) the total number of all kits remaining in possession of the medical facility, law enforcement or laboratory and all reasons for any kit in possession for more than 30 days; (viii) the total number of kits destroyed by medical facilities, law enforcement or laboratories, and reason for destruction; (ix) in the case of a medical facility, the date the kit was collected, the date the kit was reported to law enforcement and the date the kit was picked up by law enforcement; (x) in the case of law enforcement, the date the kit was picked up from a medical facility, the date the kit was delivered to the crime laboratory and, for kits belonging to another jurisdiction, the date that the jurisdiction was notified and the date it was picked up; and (xi) in the case of crime laboratories the date the kit was received, from which agency the kit was received, the date the kit was tested, the date the resulting information was entered into CODIS and the state DNA databases and all reasons a kit was not tested or a DNA profile was not created.
The executive office of public safety and security shall compile the information in a summary report that includes a list of all agencies or facilities that failed to participate in the audit. The annual summary report shall be made publicly available on the executive office of public safety and security's website and shall be submitted to the governor, the attorney general, the clerks of the house of representatives and the senate, and the house and senate chairs of the joint committee on the judiciary.
The executive office of public safety and security may obtain information from the tracking system established in section 18X and by additional means, such as manual counts and review of records such as case files.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6a - Executive Offices › Section 105 - Department of Veterans' Services; Secretary of Veterans' Services

Section 105. There shall be a department of veterans' services under the supervision and control of a secretary of veterans' services, who shall be a veteran appointed by the governor, and who shall serve at the pleasure of the governor and may be removed by governor at any time. This position shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30. The secretary shall devote their full-time during business hours to the duties of their office. The secretary shall be the state agent for the settlement of pension, bounty, back pay, compensation and other claims of citizens of the commonwealth against the government of the United States, or any state thereof, on account of military or naval service and shall assist and advise war veterans, and their dependents, heirs or legal representatives, with respect to the filing, prosecution and settlement of such claims.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6a - Executive Offices › Section 107 - Secretary of Veterans' Services; Traveling and Other Expenses

Section 107. The secretary shall be allowed their traveling expenses when necessary for the secretary to visit Washington, D.C., and may expend for such purpose and for all other expenses necessary for the proper performance of the secretary's duties such sums as are annually appropriated therefor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6a - Executive Offices › Section 108 - Secretary of Veterans' Services; Appointment and Removal of Deputy Secretary; Duties of Deputy Secretary

Section 108. The secretary of veterans' services shall appoint and may remove a deputy secretary of veterans' services who shall devote their full-time during business hours to the duties of their office. The deputy secretary shall be subject to the direction and control of the secretary. The deputy secretary shall perform the duties of the secretary during the secretary's absence on account of disability or other reason.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6c - Massachusetts Department of Transportation › Section 5 - Organization and Function as a Single State Agency for Administrative Purposes; Reporting Requirements

Section 5. (a) The department shall be organized and shall function as a single state agency for administrative purposes including, but not limited to, for the purposes of the accounting and financial system of the commonwealth. The secretary shall, notwithstanding any general or special law to the contrary, identify and consolidate administrative activities and functions common to the separate offices, and divisions within the department and may designate such functions ''core administrative functions'' in order to improve administrative efficiency and preserve fiscal resources; provided, however, that common functions that shall be designated core administrative functions shall include, but shall not be limited to, human resources, financial management, legal, procurement, asset management, and, subject to the approval of the executive office of technology services and security, information technology. All employees performing functions so designated shall be employed directly by the secretary.
The department may enter into agreements under section 22A and 22B of chapter 7 and in all respects not governed by general or special laws expressly made applicable to the department shall adhere to good business practices to be determined by the department in its procurement of equipment, materials, property, supplies and services.
(b) On December 15 and at 6–month intervals thereafter, the secretary shall report to the joint committee on transportation, the house and senate committees on bonding, capital expenditures and state assets and the house and senate committees on ways and means on the department's progress in implementing the requirements of this section, the operating and capital expenditures made by the department in implementing the requirements of this section and on the administrative savings that have been achieved through the implementation of the requirements of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6c - Massachusetts Department of Transportation › Section 6a - Office of Performance Management and Innovation; Goals

Section 6A. Notwithstanding any general or special law to the contrary, the goals established by the office of performance management and innovation under subsection (b) of section 6 shall include, but not be limited to: (1) for the division of highways, the reduction of commuting times by at least 10 per cent in each region for each rolling 5–year period, after adjusting for seasonal variations and for changes in the economic activity in the region; (2) for the division of highways, the reduction of fatalities by at least 10 per cent for each rolling 5–year period; (3) for the division of highways, the reduction of the accident rate by at least 10 per cent for each rolling 5–year period; (4) for the division of highways, the reduction of the administrative disbursement rate per mile by at least 10 per cent for each rolling 5–year period; (5) for the division of highways, increasing the maintenance disbursements per mile by at least the same total dollar amount as the total dollar amount saved by the reduction of the administrative disbursement rate per mile under clause (4), for each corresponding 5–year period; (6) for the Mass Transit division, a decrease in the urban transit bus fleet age for each transit authority of at least 10 per cent for each rolling 5–year period; (7) for the Mass Transit division, a reduction of fatalities as a result of transit accidents in each transit authority by at least 10 per cent for each rolling 5–year period; (8) for the Mass Transit division, an increase in the farebox recovery ratio of at least 10 per cent for each transit authority for each rolling 5–year period; (9) for the Mass Transit division, an increase in the on-time performance percentage for each transit authority of at least 2 per cent for each rolling 5–year period, until that percentage reaches 98 per cent; and (10) for the Mass Transit division, an increase of at least 5 per cent in the revenue miles per active vehicle reported to the Federal Transit Administration for each transit authority for each rolling 5–year period.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6c - Massachusetts Department of Transportation › Section 7 - Employee Performance Evaluation Program

Section 7. Unless otherwise required by section 6A of chapter 31 or any other general or special law to the contrary, the secretary shall design and implement a program for performance evaluation of employees. The sole purpose of the program shall be the improvement of the performance of individual employees and the department and, notwithstanding any general or special law to the contrary, all information compiled by said program shall be confidential and shall not be public records under section 10 of chapter 66 or clause Twenty-sixth of section 7 of chapter 4. The department may consult with individuals and organizations and may contract for technical assistance for the purpose of the program to the extent it deems necessary.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6c - Massachusetts Department of Transportation › Section 8 - Money Received to Be Held as Trust Funds

Section 8. All moneys received pursuant to this chapter, whether as proceeds from the issue of refunding bonds or as revenues or otherwise, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The resolution authorizing the refunding bonds or the trust agreement securing such notes or bonds shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as this chapter and such resolution or trust agreement may provide.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6c - Massachusetts Department of Transportation › Section 12 - Integrated Asset Management System

Section 12. The department shall, subject to the approval and oversight of the executive office of technology services and security, develop and implement a single integrated asset management system to oversee and coordinate the maintenance, preservation, reconstruction and investment of all of the assets in its possession, custody and control. The department may use programs and services offered by the division of capital asset management and maintenance and the information technology division or separate offices, divisions, and authorities within the department to aid in its development of an integrated asset management system as long as, in the judgment of the department, such programs and services compare favorably with those available from private vendors and are offered at competitive prices.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6c - Massachusetts Department of Transportation › Section 14 - Department as Public Agency for Purposes of State Contracts

Section 14. The department shall be deemed to be a public agency for purposes of, and shall be subject to, section 39M of chapter 30 and sections 44A to 44H, inclusive, of chapter 149 and shall comply with requirements applicable to an independent public authority for publication of contract information in the central register established pursuant to section 20A of chapter 9.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6c - Massachusetts Department of Transportation › Section 15 - Department as Public Agency for Purposes of State Finance Law

Section 15. The department shall, for the purposes of compliance with state finance law, operate as a state agency as defined in section 1 of chapter 29 and shall be subject to the provisions applicable to agencies under the control of the governor including, but not limited to, chapter 29, chapter 7A, chapter 7 and chapter 10; provided, however, that the comptroller may identify any additional instructions or actions necessary for the department to manage fiscal operations in the state accounting system and meet statewide and other governmental accounting and audit standards. The department shall properly classify the department's operating and capital expenditures, and shall not include any salaries of employees in the department's capital expenditures, unless used as the state match to federal funding for transportation projects; provided, however, that the department shall report annually, on or before February 1, to the house and senate chairs of the joint committee on transportation, on the following: (i) the amount of capital expenditures used as the state match to federally-eligible capital projects; (ii) the total number of department employee salaries included in capital expenditures, including a breakdown by division of the position titles and accompanying salaries; (iii) the total number of employees of the division of highways assigned to capital projects; (iv) a schedule of transportation capital projects where employee salaries are included in capital expenditures; (v) the status of said projects; (vi) any projected cost savings; and (vii) the impact of including department employee salaries in capital expenditures on the ability of the division of highways to plan, design, construct and complete transportation capital projects. Unless otherwise exempted by law or the applicable central service agency, the department shall participate in any other available commonwealth central services including, but not limited, to the state payroll system pursuant to section 31 of chapter 29, and may purchase other goods and services provided by state agencies in accordance with comptroller provisions. This section shall not apply to the Massachusetts Bay Transportation Authority, the Massachusetts Port Authority or the regional transit authorities. The comptroller may chargeback the department for the transition and ongoing costs for participation in the state accounting and payroll systems and may retain and expend such costs without further appropriation for the purposes of this section. The department shall be subject to section 5D of chapter 29 and subsection (f) of section 6B of chapter 29.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6c - Massachusetts Department of Transportation › Section 18 - Appearance by Office of the Attorney General in Civil Proceedings Against the Department

Section 18. The office of the attorney general shall appear for the department, its divisions, departments, agencies and officers, but not including the Massachusetts Bay Transportation Authority, the regional transit authorities and the Massachusetts Port Authority and their officers, in all suits and other civil proceedings in which the department is a party or interested, or in which the official acts and doings of said divisions, departments, agencies and officers are called into question, to the same extent and in the same manner as provided to the commonwealth and state departments, officers and commissions under section 3 of chapter 12. The department and its divisions, departments and agencies, but not including the Massachusetts Bay Transportation Authority, the regional transit authorities and the Massachusetts Port Authority, shall be generally considered to be an agency of the commonwealth for purposes of: (i) said chapter 12; (ii) any general or special law pertaining to judicial remedies or procedures; and (iii) court rules and standing orders; and shall not be considered to be encompassed by the words ''person'' or ''whoever'' in any general or special law unless a contrary intention clearly appears.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6c - Massachusetts Department of Transportation › Section 19 - Eminent Domain Powers of Department

Section 19. (a) The department may take by eminent domain in accordance with the provisions of chapter 79 or any alternative method now or hereafter provided by general law, any public land and any fee simple absolute or lesser interest in private property or part thereof or rights therein as it may deem necessary for carrying out the provisions of this chapter.
(b) Whenever a parcel of private property so taken is used in whole or in part for residential purposes, the owner of such parcel may, within 30 days of the date of the department's notice to vacate such parcel, appeal to the department for a postponement of the date set for such vacating, whereupon the department shall grant to the owner a postponement of 3 months from the date of such appeal; provided, however, that the appeal for such postponement shall be in the form of a written request to the department sent by registered mail, return receipt requested; and provided, further, that section 40 of said chapter 79 shall govern the rights of the department and of any person whose property shall be so taken.
(c) The department shall have power, in the process of constructing, reconstructing, repairing, rehabilitating, improving, policing, using or administering all or any part of the state highway system to take by eminent domain pursuant to chapter 79, such land abutting the state highway system as it may deem necessary or desirable for the purposes of removing or relocating all or any part of the facilities of any public utility, including rail lines, and may thereafter lease the same or convey an easement or any other interest therein to such utility company upon such terms as it, in its sole discretion, may determine. Notwithstanding any general or special law to the contrary, the relocation of the facilities of any public utility, including rail lines, in accordance with this section shall be valid upon the filing of the plans thereof with the department of telecommunications and energy, if applicable.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6c - Massachusetts Department of Transportation › Section 21 - Abandoned, Mislaid or Lost Property; Sale of Unclaimed Property

Section 21. Notwithstanding chapters 134 and 147, if money, goods or other property which has been abandoned, mislaid or lost on the premises of the department comes into the possession of the department and remains unclaimed for a period of 120 days, the department may sell the same, excepting money so unclaimed, at public auction after notice of such sale has been published for 3 successive weeks in a newspaper published in the city or town wherein such sale shall occur. The net proceeds of such sale, after deducting the cost of storage and the expenses of the sale, and all money so unclaimed, shall be paid into and become the property of the department and may be deposited in the Massachusetts Transportation Trust Fund. If such property is in the possession of the department and remains unclaimed for a period of 120 days and is of the value of $3 or less, the department may donate the same to a charitable organization.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6c - Massachusetts Department of Transportation › Section 22 - Enforcement by Superior Court Department

Section 22. The superior court department of the trial court shall have jurisdiction to enforce rights and duties created by this chapter and, on complaint of the department, may restrain violations of the department's regulations and otherwise enforce by any appropriate remedy including, without limiting the generality of the foregoing, injunctive relief, the regulations, licenses, permits, orders, penalties and charges of the department. Penalties and charges established by or under authorization of this chapter shall be collected for the account of the department and paid over to the department. Except for rights of action expressly conferred upon the department, no provision of this chapter shall create private rights of action in enforcement proceedings.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6c - Massachusetts Department of Transportation › Section 23 - Termination of Department

Section 23. The department and its corporate existence shall continue until terminated by law; provided, however, that no such law shall take effect so long as the department shall have bonds outstanding without adequate provision for the complete payment or satisfaction thereof. Upon termination of the department, the title to all funds and other properties owned by it which remain after the payment or satisfaction of all bonds of the department shall vest in the commonwealth. The obligations, debts and liabilities of the department shall be assumed by and imposed upon the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6c - Massachusetts Department of Transportation › Section 24 - Investigations, Studies, Grant Applications and Applications for Project Approvals; Lease, Loan, Grant or Conveyance of Real or Personal Property to Department

Section 24. (a) All local bodies and all public agencies, instrumentalities, commissions and authorities of the commonwealth may undertake activities, programs and projects in conjunction with the department in furtherance of the purposes of this chapter including, without limiting the generality of the foregoing, to join in investigations and studies and to submit grant applications and applications for project approvals.
(b) Except with respect to real property acquired or held for purposes described in Article XCVII of the amendments to the constitution of the commonwealth, all local bodies and all public agencies, instrumentalities, commissions and authorities of the commonwealth may lease, lend, grant or convey to the department, upon such terms and conditions as the proper authorities of such public bodies, public agencies, instrumentalities, commissions and authorities of the commonwealth may deem appropriate and without the necessity of any action or formality other than the regular and formal action of such public bodies, agencies, instrumentalities, commissions and authorities of the commonwealth, any interest in any real or personal property which may be necessary or convenient to effect the purposes of the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6c - Massachusetts Department of Transportation › Section 25 - Conduct of Secretary, Administrators and Directors

Section 25. The secretary, administrators, and directors of the department shall be sworn to the faithful performance of their official duties. The secretary and each administrator, and director shall: conduct themselves in a manner so as to render decisions that are fair and impartial and in the public interest; avoid impropriety and the appearance of impropriety in all matters under their jurisdiction; avoid all prohibited communications; require staff and personnel subject to their direction and control to observe the same standards of fidelity and diligence; disqualify themselves from proceedings in which their impartiality might reasonably be questioned; refrain from financial or business dealings which would tend to reflect adversely on impartiality, although the secretary, administrators, and directors may hold and manage investments which are not incompatible with the duties of their office or of this section; and conform to such additional rules as may be prescribed by the secretary from time to time.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6c - Massachusetts Department of Transportation › Section 27 - Exemption From Taxes or Assessments

Section 27. (a) The exercise of the powers granted by this chapter shall be in all respects for the benefit of the people of the commonwealth and for the improvement of their health and living conditions and as the operation and of the department shall constitute the performance of essential governmental functions, the department shall not be required to pay any taxes or assessments, except as otherwise provided by this chapter and the notes or bonds issued under this chapter, their transfer and the income therefrom, including any profit made on the sale thereof, at all times shall be free from taxation by and within the commonwealth.
(b) The lands and tangible personal property of the department shall be deemed to be public property used for essential public and governmental purposes and shall be exempt from taxation and from betterments and special assessments.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6c - Massachusetts Department of Transportation › Section 31 - Administrative Units Within the Office of Planning and Programming

Section 31. (a) The secretary may from time to time, subject to appropriation, establish within the office of planning and programming such administrative units as may be necessary for the efficient and economical administration of the office of planning and programming, and when necessary for such purpose, may abolish any such administrative unit, or may merge any 2 or more units, as the secretary deems advisable. The secretary shall prepare and keep current a statement of the organization of the office of planning and programming, of the assignment of its functions to its various administrative units, offices and employees, and of the places at which and the methods whereby the public may receive information or make requests. Such statement shall be known as the department's description of organization. A current copy of the description of organization shall be kept on file in the office of the secretary of state and in the office of the secretary of administration.
[There is no subsection (b).]
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 6c - Massachusetts Department of Transportation › Section 32 - Federal Gifts, Loans or Grants-in-Aid for Improved Transportation Management Systems

Section 32. The secretary shall apply for, accept and expend, subject to appropriation, on behalf of the commonwealth, any gift, loan or grant-in-aid from the federal government, or any agency or instrumentality thereof for demonstration projects and programs as may become available to the commonwealth for the purpose of energy conservation for improved transportation management systems or for improved transportation management systems.