Acts, 1933.
650
— Chap.
365.
commonwealth, or to pledge its credit, to any payment
whatsoever to any such corporation or to any stockholder,
G. L. (Ter.
Ed),
§
121.
27, repealed.
bondholder or creditor thereof, nor shall anything herein
contained be construed as granting to any such corporation
any exemption from taxation.
Section 7. Section twenty-seven of said chapter one
hundred and twenty-one, as so appearing, is hereby
repealed.
Corporation
may
contract
with federal
authority.
Section
Any
8.
corporation formed under authority
E
of chapter one hundred and twentyof section twenty-six
one of the General Laws may enter into any contract with
the federal emergency administrator of public works
authorized by the act of congress approved June sixteenth,
nineteen hundred and thirty-three, and known as the
National Industrial Recovery Act, or with the reconstruction finance corporation, with respect to the construction,
reconstruction, alteration or repair under public regulation
or control of low-cost housing and slum clearance or similar
projects, and may accept and receive aid from him or it in
the construction or financing of such projects and may
purchase or lease from such federal emergency administrator property acquired by him in connection with the
construction of any such project; provided, that such corporation shall at all times remain subject to sections
twenty-three to twenty-six H, inclusive, of said chapter
one hundred and twenty-one, and nothing in said sections
or in this act shall render the commonwealth liable for any
indebtedness or habihty incurred, acts done (including any
taking by eminent domain), or omissions or failures to act
Approved July 22, 1933.
of any such corporation.
Chap.SQ5 An Act enabling the commonwealth to secure certain
benefits
provided
recovery
act.
Whereas,
It
is
the
by
the
conviction
national
of
the
industrial
general
court
That the commonwealth should effectively co-operate
with the federal government in its policy of stimulating
employment by the undertaking of an extensive program
of pubhc works;
(2) That such a program should anticipate the normal
needs of the near future and should furnish a maximum of
employment while involving a minimum of maintenance
(1)
costs;
That loans made to the states by the federal governin furtherance of such co-operation should be repaid
and that therefore, without waiving any right on the part
of the commonwealth to receive as favorable consideration
as any other state in the event of any postponement, reduction or cancellation of payments of principal or interest upon
such loans, provision should be made for such payment by
the allocation thereto of a portion of certain existing
(3)
ment
Acts, 1933.
— Chap.
651
365.
revenues, with the understanding that such revenues will
be released, as soon as may be, by resort to new revenues
derived from such portion of the taxes and fees accruing
to the commonwealth from the manufacture and sale of
wines, beers and liquors following ratification of the twentyfirst amendment, as is not required to meet the commonwealth's share of the cost of financing old age assistance;
and
Whereas, The deferred operation of this act would tend Emergency
preamble.
to defeat its purpose to alleviate promptly conditions of
widespread unemployment, therefore it is hereby declared
to be an emergency law, necessary for the immediate preservation of the public convenience.
Be
it
enacted,
etc.,
as follows:
There shall be in the department of the
state treasurer, but in no manner subject to his control, an
emergency public works commission, hereinafter called the
commission, consisting of the chairman of the commission
on administration and finance, ex officio, one resident of
Section
1.
Emergency
.
public works
commission,
organization,
members,
term, etc.
commonwealth appointed by the president of the senate,
one such resident appointed by the speaker of the house of
representatives, and two such residents appointed by the
and the commission shall continue in office
governor;
until and including June thirtieth, nineteen hundred and
The commission shall elect
thirty-five, but no longer.
from its own number a chairman. Any vacancy in the
appointive membership of the commission shall be filled
for the unexpired term in the same manner as original
appointments. The action of a majority of the members
shall constitute action of the commission; and whenever
any action by the commission is required to be in writing,
such writing shall be sufficient when signed by a majority
the
of its
members.
Each appointive member of the commission shall receive
from the commonwealth as compensation for each day's
attendance at meetings of the commission, the sum of
thirty dollars; provided, that the total amount paid hereunder to any such member shall not exceed three thousand
Members of the
dollars in any period of twelve months.
commission shall receive their traveling and other necessary
expenses incurred in the performance of their duties. The
commission may employ, subject to the approval of the
governor and council, a secretary and such additional
expert and clerical assistants as it may require. The commission may call upon any officer, department, board or
commission of the commonwealth for such information and
assistance as may be needed in carrying out the provisions
of this act.
The commission
shall
be furnished with quarters in the
On or
state house or elsewhere in the city of Boston.
before December first of each year of its existence, the
commission shall make a report of its doings to the general
Compensation
of members.
652
Acts, 1933.
court,
and at any time upon request
make such
Commonwealth may
engage in public works
projects.
— Chap.
365.
of the governor shall
a report to him.
The commonwealth may engage
in any
any "comprehensive program of pubhc works" prepared under section two hundred
and two of Title II of the National Industrial Recovery
Section
2.
public works project included in
Act, but only in case such project is approved, as hereinafter provided, by the commission and by the governor and
in case the proper federal authorities have obligated the
federal government to make a grant therefor of federal
money under section two hundred and three of said title;
provided, that such approval shall not be granted for any
project which will cause the aggregate expenditure hereunder to be in excess of twenty-two million dollars, and
provided further that out of such sum not more than ten
million dollars shall be expended for the construction, reconstruction and resurfacing of roads and for projects
similar to those enumerated in section two hundred and
four of said act. All projects for the construction, reconstruction or resurfacing of roads and the construction of
sewers shall be done by human labor, except in so far as
machinery is, in the opinion of the state or federal officer
or department having charge of the project, reasonably
necessary, and the wages for such labor shall not be less
than the prevailing rate of wages as established by the
federal government.
Nothing contained in this act shall
be construed to prevent the commonwealth from engaging
hereunder in any project for which funds have already been
appropriated in whole or in part, if such project shall be
approved as herein required. Such projects, so approved,
shall be carried out in all respects subject to the provisions
of said Title II and to such terms, conditions, rules and
regulations, not inconsistent with applicable federal laws
and regulations, as the commission may establish, with the
approval of the governor, to ensure the proper execution
The commonwealth may accept and use
of such projects.
for carrying out any projects so approved any grant or
loan of federal funds under section two hundred and three
of said Title II, and, for the purpose only of carrying out
such projects, may from time to time borrow from the
United States of America on the credit of the commonwealth such sums, not exceeding in the aggregate seventeen
milHon dollars, as may be required, and may issue bonds,
notes or other forms of written acknowledgment of debt,
carrying such rates of interest as the state treasurer may
fix, with the approval of the governor and the proper federal
authorities.
Such bonds, notes or other forms of written
acknowledgment of debt shall be issued for such terms as
the governor may recommend to the general court in
accordance with section three of Article LXII of the
amendments to the constitution of the commonwealth, but
in no event for a shorter term than the maximum term
permitted by the federal government for that particular
Acts, 1933.
— Chap.
365.
653
Until other provision is made by the general court,
pajnuents and payments on account of principal
for money borrowed under this act shall be paid from the
Highway Fund, without appropriation.
issue.
all interest
Section 3. The several officers, departments, boards
and commissions of the commonwealth, or ten citizens of
the commonwealth, may submit to the commission any
such proposed public works project, in such form as the
commission may by rule or regulation require, accompanied
by preliminary studies and general specifications sufficient
for a careful estimate by a competent contractor.
If, in
the opinion of the commission after a public hearing and
careful investigation, any such project is in the public
interest and otherwise meets the requirements of the policy
set forth in the preamble of this act, it shall approve the
same and thereafter such project may be submitted to the
governor for his approval. A list of such approved proj-
State departments, etc., to
submit proposed projects
to commission
for approval.
ects shall, as soon as may be, be submitted to the proper
federal authorities under the National Industrial Recovery
Act, for their approval.
Section 4. No payment shall be made or obligation Approval of
plans, etc.,
incurred for the carrying out of any project which has been required.
approved by the commission and the governor and approved
for federal aid by the proper federal authorities, until plans
and specifications therefor have been approved by the
commission, unless otherwise provided by such rules or
regulations as the commission may make.
Section 5. The state treasurer shall receive all moneys Duties of state
granted or loaned to the commonwealth under section two treasurer.
hundred and three of said Title II. Payment from the
state treasury for expenditures incurred under this act shall
be made upon vouchers filed with the comptroller in accordance with the procedure prescribed under section
eighteen of chapter twenty-nine of the General Laws, and
all other provisions of said chapter twenty-nine shall
apply in the case of any project undertaken under this act
or any expenditure necessary for carrying out the purposes
hereof, except in so far as such provisions of law may be
in conflict with applicable federal laws and regulations.
Section 6. Any state officer, board, commission or Extraordinary
powers granted
department charged with the duty of carrying out any to
state officers,
etc.
project so approved shall have, in addition to any powers
expressly given by statute, such powers as may be determined and certified by the commission to be proper and
reasonably necessary to carry out such project, including
the power to take property by eminent domain on behalf
of the commonwealth provided, that if such officer, board,
department or commission is aggrieved by such action, he
or it may within ten days after notice thereof appeal to
the governor, whose decision shall be final. The commission is hereby authorized to make all necessary orders,
rules and regulations and perform all necessary actions
under this act; and none of such orders, rules, regulations
;
Acts, 1933.
654
Governor to
secure benefits
under National
Industrial
Recovery Act.
— Chap.
366.
and actions shall be declared inoperative, illegal or void for
any omission of a technical nature in respect thereto.
Section 7. The governor of the commonwealth is
hereby authorized to take any and all steps necessary from
time to time to enable this commonwealth to secure any
benefits to which it may be entitled under the National
Industrial Recovery Act, and the commission is hereby
directed to co-operate and assist him in every way possible.
The governor may give the consent of the commonwealth
that any state officer and employee may act as agent of
the federal government as provided in said act.
Approved July 22, 1933.
Chap.SQ6 ^N
-^CT
ENABLING CITIES AND TOWNS AND FIRE, WATER,
LIGHT AND IMPROVEMENT DISTRICTS TO SECURE THE
BENEFITS PROVIDED BY THE NATIONAL INDUSTRIAL
RECOVERY ACT.
Emergency
preamble.
Whereas, The deferred operation of this act would tend
to defeat its purpose to alleviate promptly conditions of
widespread unemployment, therefore it is hereby declared
to be an emergency law, necessary for the immediate preservation of the public convenience.
Be
it
enacted,
etc.,
as follows:
Part
Emergency
finance board,
additional
powers.
I.
Section 1. The Emergency Finance Board, established
under section one of chapter forty-nine of the acts of the
current year, in this act referred to as the board, shall, in
addition to the powers and duties otherwise conferred
or imposed upon it, exercise and perform the powers and
duties hereinafter conferred or imposed upon it, and the
provisions of said section one relative to action by the
board shall apply in the case of action under this act.
Each appointive member of the board, when acting under
this act, shall receive from the commonwealth as compensation, in addition to any sums otherwise so payable, for
each day's attendance at board meetings, the sum of
thirty dollars; provided, that the total amount paid hereunder to any member for compensation as aforesaid shall
not exceed three thousand dollars in any period of twelve
months.
Additional
compensation
for certain
state officers
serving on
board.
The director of the division of accounts, and an assistant in said division designated by him, and the state
treasurer shall, for each day's services rendered in connection with the work of the board under this act and chapter
three hundred and seven of the acts of the current year,
be paid thirty dollars in addition to his regular compensation; provided, that the total amount paid hereunder to
said director or to said assistant or to said treasurer for
compensation as aforesaid shall not exceed two thousand
dollars in any period of twelve months.