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| 2 | 2 | | HOUSE DOCKET, NO. 2282 FILED ON: 1/19/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2933 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | John H. Rogers |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to increase community preservation revenue. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:John H. Rogers12th Norfolk1/19/2023 1 of 3 |
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| 16 | 16 | | HOUSE DOCKET, NO. 2282 FILED ON: 1/19/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2933 |
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| 18 | 18 | | By Representative Rogers of Norwood, a petition (accompanied by bill, House, No. 2933) of |
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| 19 | 19 | | John H. Rogers relative to community preservation surcharges. Revenue. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE HOUSE, NO. 3049 OF 2021-2022.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Third General Court |
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| 25 | 25 | | (2023-2024) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act to increase community preservation revenue. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 SECTION 1. Section 8 of chapter 44B is hereby amended by striking it in its entirety and |
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| 31 | 31 | | 2inserting in place thereof the following: |
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| 32 | 32 | | 3 Section 8. (a) Except as otherwise provided, the fees of the registers of deeds to be paid |
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| 33 | 33 | | 4when a document or instrument is recorded shall be subject to a surcharge of $80; provided, |
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| 34 | 34 | | 5however, that if the document or instrument to be filed includes multiple references to a |
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| 35 | 35 | | 6document or instrument intending or attempting to assign, discharge, release, partially release, |
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| 36 | 36 | | 7subordinate or notice any other document or instrument, each reference shall be separately |
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| 37 | 37 | | 8indexed and separately assessed an additional $80 surcharge. The fee for recording a municipal |
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| 38 | 38 | | 9lien certificate shall be subject to a surcharge of $40; provided, however, that if the certificate |
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| 39 | 39 | | 10includes multiple references to a document or instrument intending or attempting to assign, 2 of 3 |
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| 40 | 40 | | 11discharge, release, partially release, subordinate or notice any other document or instrument, |
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| 41 | 41 | | 12each reference shall be separately indexed and separately assessed an additional $40 surcharge. |
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| 42 | 42 | | 13The surcharges imposed shall be used for community preservation purposes. No surcharge shall |
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| 43 | 43 | | 14apply to a declaration of homestead under chapter 188 or to the filing of any subordinate |
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| 44 | 44 | | 15mortgage extended by any public agency or quasi-public agency, including but not limited to a |
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| 45 | 45 | | 16Commonwealth municipality or the Massachusetts Housing Partnership. No surcharge shall |
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| 46 | 46 | | 17apply to the fees charged for additional pages, photostatic copies, abstract cards or additional |
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| 47 | 47 | | 18square feet for the recording of plans. |
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| 48 | 48 | | 19 (b) The fees of the assistant recorder, except as otherwise provided, to be paid when the |
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| 49 | 49 | | 20instrument is left for registering, filing or entering with respect to registered land shall be subject |
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| 50 | 50 | | 21to a surcharge of $80. The fees for so registering, filing or entering a municipal lien certificate |
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| 51 | 51 | | 22shall be subject to a surcharge of $40. The surcharges shall be imposed for the purposes of |
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| 52 | 52 | | 23community preservation. No surcharge shall apply to a declaration of homestead under chapter |
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| 53 | 53 | | 24188 or to the filing of any subordinate mortgage extended by any public agency or quasi-public |
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| 54 | 54 | | 25agency, including but not limited to a Commonwealth municipality or the Massachusetts |
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| 55 | 55 | | 26Housing Partnership. No surcharge shall apply to the fees charged for additional lots shown on |
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| 56 | 56 | | 27plans, for indexing instruments recorded while a petition for registering is pending, for additional |
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| 57 | 57 | | 28certificates of sewer assessments, for old age assistance liens, for duplicates and for photocopies. |
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| 58 | 58 | | 29 (c) All surcharges on fees collected pursuant to this section shall be forwarded to the |
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| 59 | 59 | | 30Massachusetts Community Preservation Trust Fund, established in section 9. |
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| 60 | 60 | | 31 SECTION 2: The commissioner of revenue shall provide notification to the registers of |
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| 61 | 61 | | 32deeds, the assistant recorders and the joint committee on revenue that the new surcharge amounts 3 of 3 |
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| 62 | 62 | | 33established under Section 1 shall take effect 120 days following the passage of this section. All |
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| 63 | 63 | | 34documents received by the registers of deeds and assistant recorders prior to the effective date |
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| 64 | 64 | | 35shall be subject to the fee surcharge applicable to section 8 of chapter 44B of the General Laws |
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| 65 | 65 | | 36that was in effect prior to that date. |
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