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S 1744

Imposes certain requirements on institutions housing a defendant due to mental disease or defect prior to the discharge of such defendant

2025 Regular Session Introduced by Joe Addabbo and 2 co-sponsors

Creates a new Massachusetts Public Safety Building Authority funded by 33% of marijuana excise tax receipts to finance modernization and construction of municipal and public safety

RETURNED TO SENATE
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WeVote Research Nonpartisan
Bill Summary · S 1744

Summary — S.1744 (PORCUPINE Act)

Title: An Act relative to the creation of the Massachusetts Public Safety Building Authority
Short title: Providing Our Regional Companions Upgraded Protection in Nefarious Environments Act (PORCUPINE Act)
Introduced: May 13, 2025 (Senate) — Hearing scheduled 09/10/2025, 1:00–5:00 PM (A-2)
Senate Docket/File: No. 1744 (replaces SD 691)

Purpose and intent

The bill creates a new independent public authority — the Massachusetts Municipal and Public Safety Building Authority (also referenced as the Massachusetts Public Safety Building Authority) — and establishes a dedicated trust fund to finance construction, major reconstruction, leasing, and improvements of municipal and public safety facilities (police stations, fire stations, town/city halls, DPW facilities, and related public safety facilities). The intent is to provide a stable funding mechanism to modernize and maintain municipal/public safety infrastructure across Massachusetts.

Key provisions

  • Establishes a new Chapter 40Z in the General Laws creating the Massachusetts Municipal and Public Safety Building Authority as an independent public instrumentality performing an essential public function.
  • Defines terms including “municipal building,” “public safety services,” “public safety project,” “public safety facility,” and “rural” (municipality with fewer than 500 persons per square mile).
  • Creates the Municipal and Public Safety Building Modernization and Reconstruction Trust Fund.
    • Funding source: a dedicated “marijuana sales tax revenue amount” equal to 33% of receipts from the excise tax on marijuana and marijuana products (under section 2 of chapter 64N).
    • Annual receipts into the fund satisfy the Commonwealth’s obligation to the authority for that fiscal year.
  • Administration and use of funds:
    • The State Treasurer (or designee) holds the fund as trustee; disbursements to the authority are made without further appropriation upon the authority executive director’s request.
    • Funds (including investment earnings) may be used for lawful authority purposes, including payment of debt service and may be pledged to secure authority debt.
    • The authority may certify annually that its budget and capital plan provide for debt service and related financing obligations.
    • If the authority determines the fund balance exceeds needs (subject to applicable bond or credit agreements), the authority may transfer excess amounts to the Commonwealth.
  • Covenant for bond marketability: sums credited to the fund are impressed with a trust for bondholders; while bonds remain outstanding the 33% dedication shall not be reduced below the prescribed rate so long as sums are necessary for pledged purposes.

Who would be affected

  • Municipal governments (cities/towns) seeking funding for construction or major renovation of municipal and public safety facilities.
  • Public safety departments (police, fire, EMS) benefiting from facility improvements.
  • The State Treasurer and the newly-created Authority (administration, budgeting, bond issuance responsibilities).
  • Holders of authority-issued bonds (benefit from pledged revenue stream).
  • State revenues: 33% of the marijuana excise tax receipts would be dedicated to the trust fund rather than available for general appropriation.

Fiscal and procedural notes

  • Funding: dedicates a specified portion (33%) of marijuana excise tax receipts (chapter 64N) to the trust fund; reduces available unrestricted marijuana tax receipts accordingly.
  • Disbursement: funds may be spent without further appropriation; can be pledged to secure debt.
  • Oversight/governance: the bill establishes the Authority’s composition (includes State Treasurer as chair and several ex-officio and appointed members; full governance text is partially truncated in available version).
  • Legislative status and actions (as provided): introduced May 13, 2025; referred and reported out of committee; placed on Senate Legislative Calendar (Calendar No. 232); hearing scheduled for 09/10/2025. (Note: provided legislative action and sponsor listings include some entries that appear inconsistent with a state bill record; petitioners listed in the bill text are Massachusetts state senators who filed the bill.)

Limitations / caveats

  • The posted bill text is truncated in places (governance/composition details incomplete). Some sponsorship and committee-action entries provided appear inconsistent with typical state bill records; readers should consult the official Massachusetts Legislature bill page and the full bill text for the complete authoritative language and current status.

Compiled from official sources — confirm details with the bill’s official record.

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