SENATE . . . . . . . . . . . . . . No. 2873
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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SENATE, July 18, 2024.
The committee on Revenue, to whom was referred the petitions (accompanied by bill,
Senate, No. 1781) of Julian Cyr for legislation relative to embarkation fees; and (accompanied by
bill, House, No. 2768) of Kip A. Diggs relative to the imposition of embarkation fees from ferry
services operated within the Hyannis Fire District, report the accompanying bill (Senate, No.
2873).
For the committee,
Susan L. Moran 1 of 2
FILED ON: 7/12/2024
SENATE . . . . . . . . . . . . . . No. 2873
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to embarkation fees.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Section 129 of Chapter 46 of the acts of 2003, as amended by Section 11 of Chapter 55 of
2the acts of 2003, is hereby amended by striking out the section in its entirety and inserting in
3place thereof the following section:-
4 Section 129. (a) Notwithstanding any general or special law to the contrary, any city or
5town within the counties of Barnstable, Nantucket, Dukes and Bristol shall impose an
6embarkation fee upon all passenger ferry trips, excluding those ferry boats that are licensed to
7transport not more than 100 passengers, originating from a port located within such city or town,
8at a rate of $2.00 per passenger per departing trip.
9 (b) The operator of the ferry service shall pay revenues from the embarkation fee
10imposed under this section to the commissioner of revenue on a quarterly basis. The operator
11shall record the number of passengers subject to the embarkation fee departing from each port
12and forward said records to the commissioner of revenue at the time of payment of the 2 of 2
13embarkation fee for the purpose of crediting the embarkation fee revenues in accordance with
14this section.
15 The commissioner shall credit the embarkation fee revenues as follows:
16 25 per cent to a fire district that provides fire or public safety services to a port within a
17city or town that provides ferry service;
18 12.5 per cent to a city or town which does not provide ferry service but shares a harbor or
19port with a city or town in which a port is located; and
20 62.5 per cent to a city or town which contains a port and provides ferry service.
21 (c) All sums received by the commissioner under this section as embarkation fees,
22penalties or forfeitures, interest, costs of suit and fines shall be distributed, credited and paid by
23the state treasurer at least quarterly upon certification of the commissioner to each city, town, or
24fire district.
25 (d) Any city, town or fire district which is credited revenues pursuant to this section shall
26deposit such funds in a special fund which shall be appropriated solely for operations to mitigate
27the impacts of ferry service on the city, town or fire district including, but not limited to, harbor
28services, public safety services, emergency services or infrastructure improvements within and
29around the harbor of such city, town or fire district.
30 (e) A passenger with valid commuter fare, student fare, commuter excursion fare or
31school-related fare for ferry services shall be exempt from the embarkation fee. For the purposes
32of this section, "commuter fare" shall mean any fare paid for through the purchase of a book of
33multiple tickets or through the Steamship Authority's Islands Preferred Excursion Program.