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HOUSE DOCKET, NO. 3820 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 3229
The Commonwealth of Massachusetts
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PRESENTED BY:
John H. Rogers
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to increase community preservation revenue.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:John H. Rogers12th Norfolk1/17/2025 1 of 3
HOUSE DOCKET, NO. 3820 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 3229
By Representative Rogers of Norwood, a petition (accompanied by bill, House, No. 3229) of
John H. Rogers relative to community preservation surcharges. Revenue.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act to increase community preservation revenue.
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 1. Section 8 of chapter 44B is hereby amended by striking it in its entirety and
2inserting in place thereof the following:
3 Section 8. (a) Except as otherwise provided, the fees of the registers of deeds to be paid
4when a document or instrument is recorded shall be subject to a surcharge of $80; provided,
5however, that if the document or instrument to be filed includes multiple references to a
6document or instrument intending or attempting to assign, discharge, release, partially release,
7subordinate or notice any other document or instrument, each reference shall be separately
8indexed and separately assessed an additional $80 surcharge. The fee for recording a municipal
9lien certificate shall be subject to a surcharge of $40; provided, however, that if the certificate
10includes multiple references to a document or instrument intending or attempting to assign,
11discharge, release, partially release, subordinate or notice any other document or instrument,
12each reference shall be separately indexed and separately assessed an additional $40 surcharge.
13The surcharges imposed shall be used for community preservation purposes. No surcharge shall 2 of 3
14apply to a declaration of homestead under chapter 188 or to the filing of any subordinate
15mortgage extended by any public agency or quasi-public agency, including but not limited to a
16Commonwealth municipality or the Massachusetts Housing Partnership. No surcharge shall
17apply to the fees charged for additional pages, photostatic copies, abstract cards or additional
18square feet for the recording of plans.
19 (b) The fees of the assistant recorder, except as otherwise provided, to be paid when the
20instrument is left for registering, filing or entering with respect to registered land shall be subject
21to a surcharge of $80. The fees for so registering, filing or entering a municipal lien certificate
22shall be subject to a surcharge of $40. The surcharges shall be imposed for the purposes of
23community preservation. No surcharge shall apply to a declaration of homestead under chapter
24188 or to the filing of any subordinate mortgage extended by any public agency or quasi-public
25agency, including but not limited to a Commonwealth municipality or the Massachusetts
26Housing Partnership. No surcharge shall apply to the fees charged for additional lots shown on
27plans, for indexing instruments recorded while a petition for registering is pending, for additional
28certificates of sewer assessments, for old age assistance liens, for duplicates and for photocopies.
29 (c) All surcharges on fees collected pursuant to this section shall be forwarded to the
30Massachusetts Community Preservation Trust Fund, established in section 9.
31 SECTION 2: The commissioner of revenue shall provide notification to the registers of
32deeds, the assistant recorders and the joint committee on revenue that the new surcharge amounts
33established under Section 1 shall take effect 120 days following the passage of this section. All
34documents received by the registers of deeds and assistant recorders prior to the effective date 3 of 3
35shall be subject to the fee surcharge applicable to section 8 of chapter 44B of the General Laws
36that was in effect prior to that date.