Commission on Interstate Co-Operation

HOUSE 2950

Che Commontoealth of Massachusetts

TWENTIETH ANNUAL REPORT

OF THE

COMMISSION ON INTERSTATE CO-OPERATION

TO THE

GENERAL COURT

Under General Laws, Chapter 7, Sections 21 and 24

May 31, 1959

boston WRIGHT :ter printing company DERNE STREET 1959

Cfre Commontocaltfc of

COMMISSION ON INTERSTATE CO-OPERATION

Headquarters 15 Ashburton Place, Boston 8. Affiliated with THE COUNCIL OF STATE GOVERNMENTS.

Central Offici 1313 East Sixtieth Street, Chicago 37, Illinois. Brevard Crihfield, Executive Director Mary Proctor, Secretary.

Eastern Regional Office. 522 Fifth Avenue, New York 36, New York. William L. Frederick, Eastern Representative. Jane Parks, Secretary.

Western Regional Office. 582 Market Street, San Francisco 4. Elton K. McQuery, Western Representative. Francis S. Smart, Secretary.

Washington Office. 1737 K Street, N. W., Washington 6 T. G. Driscoll, Assistant Director. Amalia L. Barak, Secretary.

CONTENTS.

Letter of Transmittal Membership of Commission, 1958 Membership of Subcommittees Membership of Regional Continuing Committees Secretary’s Report The Council of State Governments Highlights of 1958 Massachusetts Legislative Action

Laws Affecting Interstate Co-operation passed by 1958 Legislature Special Studies .... Chronological Record of 1958 Conferences and Meetin, Twenty-third Northeastern Regional Conference on Highway and Problems . .

Seventh Annual Interstate Conference on Reciprocal Support Court Decisions Concerning Reciprocal Support Daylight Saving Time Fourteenth General Assembly of the States Veterans’ Programs Registration of Motorboa

Appendix An Act Providing for the Numbering of Certain Motorboats and Further Regulating the iafety, Equipment and Operation of Motorboats 77 Cf)t Commonwealth of Massachusetts

LETTER OF TRANSMITTAI

Commission on Interstate Co-operation, 15 Ashburton Place, Boston 8, April 1959.

To the General Court of Massachusetts. In accordance with section 24 of chapter 9 of the General Laws, added by section 1 of chapter 404, Acts of 1937, the Commission on Interstate Co-operation submits its twentieth annual report, describing its activities during the calendar year 1958.

JOSEPH F. GIBNEY, Chairman. JOHN J. TOOMEY, Vice Chairman. STANLEY J. ZAROD. HAROLD R. LUNDGREN. JAMES F. CONDON. GEORGE GREENE ARMAND N. TANCRATI. CHARLES F. HOLMAN. CORNELIUS J. MURRAY. EDWARD L. SCHWARTZ. LOUIS SMITH. VICTORIA SCHUCK. JOSEPH M. THORNTON. JOSEPH P. GREELEY. ANTHONY A. BONZAGNI. Cftc Commontoealtf) of epassac&usetts

MEMBERSHIP OF COMMISSION, 1958.

Appointed the President of the Senate. Vacancy Vacancy Vancacy

By the Speaker of the House. Hollis M. Gott, Arlington, Chairman. John J. Toomey, Cambridge. James F. Condon, Boston. George Greene. William F. Sullivan Charles F. Holman.

By the Commissioners on Uniform State Laws. Edward L. Schwartz, Newton.

By the Governor. Alan McClennen, Lincoln. Anthony Bonzagni, Winthrop. Victoria Schuck, South Hadley. Joseph P. Greeley, Arlington. Joseph M. Thornton, Somerville.

Sta

Philip M. Markley, Secretary, Springfield. Martha L. Gilley, Principal Clerk, Boston. Cfje Commontucaltij of s^assadnisetts

COMMITTEE MEMBERSHIP, DECEMBER, 1958.

igriculture and Conservation: Charles F. Holman, Chairman William C. Sullivan. New England Francis W. Robinson, Manager, Agriculture Department, Council. Assi Alfred M. Williams, Jr., Secretary, Massachusetts Forest and Park ciation. Charles H. McNamara, Commissioner of Agriculture Fisheries, Depart- Frederick C. Wilbour, Jr., Director, Division of Marine ment of Natural Resources.

Civil Defense: George Greene. Edward L. Schwartz Joseph P. Greeley Alan McClennen. Thomas J. Donnelly, Director of Civil Defen

Social Welfare: John J. Toomby. James F. Condon. Victoria Schuck (Professor). Patrick A. Tompkins, Commissioner of Public Welfare. Society Dr. Kenneth I. WoolaN, Executive Secretary, Children’s Aid

Taxation and Fiscal Policy: Hollis M. Gott, Chairman. Joseph M. Thornton. William C. Sullivan. Anthony A. Bonz.agni Corporations Joseph P. Healey, Commissioner and Taxation. Tune, 1959.] HOUSE — No. 2950. 9

Transportation: Hollis M. Gott. George Greene. Alfred W. Detine, Assistant to Registrar of Motor Vehicles Thomas F. Davy, Technical Sergeant, State Police, Department of Public Safety

Water Resources. Alan McClennen, Chairman James F. Condon. George Greene. Clarence I. Sterling, Engineer and Consultant on Water Resources Con mission. Rodolphe G. Bessette, Director, Division of Waterways, Department of Public Works.

iseph M. Thor 10 HOUSE —No. 2950. [June

Cljc Commontoealtli of 90as0adni0etts

REGIONAL CONTINUING COMMITTEE MEMBERSHIP 1958.

Steering Committee of Annual Highway Conference. Rep. Hollis M. Gott. Wallace G. Kittredge. Administrative Members. Legislative Members. Motor Vehicle Tax and Fiscal Problems. Alfred W. Devine, Deputy Regis- Rep. Hollis M. Gott. trar of Motor Vehicles. Joseph P. Healy, Commissioner of Corporations and Taxation.

Highway Safety. William A. Reardon, Supervisor of Rep. Charles F. Holman. Public Relations, Registry of Motor Vehicles. Traffic Regulation and Control. Alfred W. Devine, Deputy Regis- Vacancy, trar of Motor Vehicles.

Atlantic States Marine Fisheries Commission Governor’s Appointee Administrator. Legislator. John F. Linehan. 'rancis W. Sargent, Rep. William C. Commissioner of Sullivan. Natural Resources

Committee on Non-Resident Fish and Game Licenses. Administrative Member. Legislator. Robert H. Johnson, Director of Fish Rep. Charles F. Holman. and Game, Department of Natural Resourc

Connecticut River Valley Flood Control Commission. Rodolphe G. Bessette, Director of Waterways, Department of Public Works. Clarence I. Sterling, Engineer and Consultant on Water Resources Commission. Department of Natural Resource 1959.] HOUSE No. 2950. 11

Juvenile Compact. Administrator. Albert Bradley Carter, Commissioner of Probation.

Mental Health Compact. Administrator. Dr. Jack R. Ewalt —to December 15, 1958,

Merrimack River Valley Flood Control Commission. Governor's Appointee. Administrators. Michael Flanagan (Ex-Senator). Rodolphe G. Bessette, Director, Division of Waterways, Depart- ment of Public Works. Woethen H. Taylor, Acting Chief Sanitary Engineer, Department of Public Health.

New England Higher Education Compact. Administrative Board. Dr. James M. Faulkner, Medical Director, Massachusetts Institute of Technology. Mr. A. George Gilman, President, Malden Savings Bank. Dr. Daniel L. Marsh, Chancellor, Boston University.

New England Interstate Wati Pollution Control Compact. Governor's Appointees. Administrator. Louis D’Allessandeo. Dr. Roy F. Febmster, Director, Thomas P. Gallagher Division of CommunicableDiseases, Senator Charles S. Marston, 3rd. Department of Public Health. Leo Marceau, Editor, Outdoor Travels

Northeastern Forest Fire Protection Commission Governor’s Appointee Administrator. Legislator. L. Warner Howe. Raymond J. Kenney, Vacancy. Director of Forests and Parks, Depart- ment of Natural Re- sources. 12 HOUSE — No. 2950. June

Compact, Parolees and Probationers Administrator. Martin P. Davis, Commissioner of Parolees and Probationers under the Compact.

Rabies Control Commission. Administrators. Legislator. Dr. Roy F. Feemstbr, Director, Rep. James F. Condon. Division of Communicable Diseases, Department of Public Health. Dr. W. E. Merrill, Chief Veterinary Health Officer, Division of Livestock Disease Control, Department of Agriculture. Robert H. Johnson, Director of Fish and Game, Department of Natural Resources.

Thames River Compact. Governor’s Appointee. Administrator. Samuel T. Sheard. Rodolphe G. Bessette, Director of Waterways, Department of Public Works, 1959.] HOUSE No. 2950. 13

C&c Commontocaltfj of egassacljusetts

SECRETARY’S REPORT.

Breaking Down Legislative Barriers Between States. The Book of the States, which is published by the Council of State Governments every two years has an interesting section in the current edition on Uniform State Laws. Many citizens doubt- less have concluded that the effort to establish order in the hodge- podge field of state legislation has been a losing battle, but the evidence is that progress is being made under the leadership of the National Conference of Commissioners on Uniform State Laws, an organization founded in 1892 and ably served by some of the best lawyers in the nation ever since. The Massachusetts Commissioners on Uniform State Laws are Edward L. Schwartz of Newton, also a member of the Commission on Interstate Co-operation; Professor Robert Braucher of Belmont; Walter D. Malcolm of Hingham. The right of state legislatures to pass laws as they see fit is a fundamental principle of federalism, and guaranteed by the Tenth Amendment. Nevertheless, ever since Utah sanctioned polygamy in the long, long ago, most persons have felt that uniformity in certain respects is more important than diversity. Few would argue today that a red traffic light should not mean the same thing in California as it does in Alassachusetts. The National Conference was first convened to see if something could be done about establishing a uniform divorce law for the forty- eight States. Although that particular problem remains as unsolved as ever, the conference has gone on to smooth out many other troublesome discrepancies in the touchy field of state law. It has at present ninety-two uniform acts which it recommends to the States for adoption. Only two of them, Act on Negotiable Instru- ments, and Act on Warehouse Receipts, both prepared more than 50 years ago, have been adopted by all fifty-two jurisdictions, but at least fifteen of the most important uniform acts have been adopted by more than half of the States. These include the Narcotic Drug- Act, the Reciprocal Enforcement of Support Act, the Criminal Extradition Act, the Gifts to Minors Act, the Simultaneous Death Act, the Common Trust Fund Act, and the Act to Secure the At- tendance of Witnesses from Without a State in Criminal Proceedings. 14 HOUSE —No. 2950. [June

In addition, the conference heartily backs other outstanding efforts to make state laws more uniform in important fields. A notable example is the Uniform Vehicle Code, a model traffic ordinance drawn up by a group of interested organizations which has had great influence in regulation of state traffic laws since it was first conceived in 1924. Perhaps the greatest achievement of the conference to date came in 1954 when it finally completed its Uniform Commercial Code. This detailed compendium of the laws of commerce supersedes I seven of the earlier uniform acts of the conference, and experts w 7ho have studied it report that, if adopted, it will greatly simplify and expedite all sorts of interstate commercial transactions, from trailer to bank collections. This, it is believed, will greatly reduce the amount and expense oflitigation now associated wnth these activities. The Commercial Code was first adopted by Pennsylvania several years ago. Massachusetts adopted the code in 1957 to become effective in October of 1958. Governor Furcolo in a message to the Legislature said that in the first year of the code's operation, it is anticipated $75,000 in revenue wall be realized through issuance of uniform legal instruments, certified or recorded by the State, for use in commercial transactions. It is a matter of some satisfaction to the conference that discrepancies in state law no longer permit a ne’er-do-well to leave his family and skip off to another State where he can thumb his nose at legal efforts to make him provide financial support for his wife and children. This problem has been largely solved by the adoption of the Reciprocal Enforcement of Support Act, first drafted by the Conference. That the Conference is alert to new areas of possible uniform legislation is illustrated by its appointment in 1956 of a special committee on developments in the fields of atomic energy and radiation. Recent interest shown from many sources in its activities indicates that the important position of the National Conference of Commis- 1 sioners on Uniform State Laws in the improvement of legislation and justice will continue for many years.

Respectfully submitted

PHILIP M. MARKLEY, Secretary. 1959.] HOUSE No. 2950. 15

C6e Commontoealtfr of 90assacJ)usetts

THE COUNCIL OF STATE GOVERNMENTS.

State legislatures in recent years have made notable progress in strengthening their organization, procedures and staff facilities Some years ago the Council of State Governments appointed a committee to develop a series of basic recommendations on legislative processes and procedures. Action in line with the recommendations followed in many States, with resulting advance in such key elements as frequency of sessions, committee structure, terms and compensation of legislators, use of mechanical aids, and reference, research and technical assistance. The Council provides the staff for the National Legislative Conference, which is concerned with all of the problems in this field. Through its Legislative Research Checklist and other means the Council reports fre- quently on developments in legislative structure, operations and facilities. Members of the Council staff confer repeatedly with legislative officers and committee members, working in individual States for improvement in these matter The Council works equally well to assist States in improving executive organization and administration. It does so in part, through its staff services for different associations of state execu- tives, the Governors’ Conference and the National Association of Attorneys General, Budget Officers and Purchasing Officials, the Association of Juvenile Compact Administrators, the Parole and Probation Compact Administrators’ Association and the National Conference of Court Administrative Officers. The Council also provides staff services for the Interstate Conference on Water Problems. It has a co-operative arrangement with the National Conference of Commissioners on Uniform State Laws The Council’s study of 1950, Reorganizing State Government, examined the means then under discussion for strengthening ad ninistration. The Council has co-operated with the Hoover Co mission, the Commission on Intergovernmental Relations and other competent groups in surveying administrative problems. In recent years a series of Council reports to the States on depart 16 HOUSE Nt 2950, [June ments of administration, state purchasing, state planning services occupational licensing, public authorities and state finances have aided officials and legislator oncerned with executive organ- zation and method The States in the last decade made wide progress in these and allied fields through const! 1, legislative and administrative actior In 1949 the Chief Justices of tl State Supreme Courts united to form the Conference of Chief J From the beginning the Conference has been affiliated w h the Council of State Govern- ments, and the Council has provided its staff The Conference works to serve justice by improving the opera tion.on of thet state courts. Its meeting and committees have dealt with a wide range of elements involved. Factual surveys and reports bv the Council have assisted. The Council also provides the staff for the National Conference of Court Administrative Office which is making important contribution Efforts by the Chief Justices and many legislatures have borne impressive fruits in this field. Among them are new and stronge :ourt administrative services, improved rules and practices, in- id judicial compensation, and development of judicial conferences and councils. The Council of State Governments takes satisfaction in its opportunity to assist such programs for judicial progress. Below is a partial list of Associations for which the Council of State Governments is the Secretariat.

The Governors’ Conference: Organized in 1908. Composed of the Governors of all the States, commonwealths and territories.

The Conference of Chief Justices: Organized in 1949. Composed of the Chief Justices of the courts of last resort of all the States, Hawaii and Puerto Rico.

The National Association of Attorneys General: Organized in 1907. Composed of the Attorneys General of the States, commonwealths and territories and the Attorney General of the United States

The National Association of State Budget Officers: Organized in 1945. Includes all Budget Officers, their Assistants and Deputies; of the States, commonwealths and territories. 1959.] — HOUSE No. 2950.2950 17

The National Legislative Conferen Organized in 1948. Includes islative servi ■e slative librarians, refe I offic statutory and code revisors, drafting officia

The National Association of State P •hasing Officials: Organized in 1947. Composed Purchasing Officials, their Assistants an 1 Deputies, of the States, commonwealths and territorie

The I Probation Compact Administrators’ .4s,

45. Comprises Administrators of the Compact, theirtheir AssistantAssists n

Thehe JuvenileJ Compact Admin.

Organized in 1956. Comimp he Comp: As: Der

The National Conference of Court Administrative 0 Organized in 1955. Includes representatives of administrative offices of state ;1 federal court

Highlights of 1958 Massachusetts Legislative Action.

Adjournment of the 160th Gei ral Court of M lefts came at 4.29 a.m., Friday, October 17, 1958. Nearly 5,000 matters were referred ludir 11s, reports te boards les and departments, rest lor nd orders, during the session The Governor signed 683 Act nd 159 Resolves into law. Fortv- two per cent of the Acts enacted ring this session of the Legislature were related to cities and towns or municipalities in general. Total authorized expenditures amounted to $640,973,131, including appropriations totaling $408,499,640 for the current fiscal year 1959, and $4,223,491 for deficiencies in the 1958 fiscal vear. a Highway expenditures authorized were $200,000,000, which was ■in advance of federal reimbursements. A capital outlay bond issue of $28,000,000 was authorized covering expansion of higher educational facilities, building projects in Corrections, Mental Health and Public \\ orks Departments, and including a one million dollar start on a 100 million dollar forest and park development program. It was specified in the appropriation bill that no capital outlay funds were to be used for any repairs. 18 HOUSE - No. 2950. [June

A $2,482,479 special appropriation was passed to continue the State Airport Management Board and the Port of Boston Commis- sion until March 1, 1959. A bond issue for completion of a M. D. C. sewer line was passed. Hanscom Field at Bedford, Mass., was voted a $50,000 bond issue.

Taxes. The cigarette tax was increased one cent a package to add $6,000,000 a year extra revenue. * Legislation was passed to close a loophole under which persons resident in Massachusetts part of a tax year and non-resident the remainder could take double exemptions and deductions on their income tax returns. The Federal Government was authorized to examine Massachu- setts corporation, income and inheritance tax returns so that the Federal Government would grant reciprocal powers to the State. Tax delinquent penalty fees were increased from 35 cents to $1 for a written demand; and from 50 cents to $1 for a warrant, and from $1 to $2 for notice of an issued warrant.

Education. Governor Furcolo won authorization for a system of state-operated two-year regional community colleges Teachers in public schools had their minimum wage boosted from $3,300 to $3,600 a year. Life tenure was granted to state-hired teachers, who serve at least three years. Local public school teachers already have such rights A special commission was set up to study public school curricula regarding natural science and n .athematics courses. Sent to a commission study w request to triple state aid to local education. The duration of the program of tate aid for school building construction was extended to 1965 1 A state scholarship program to encourage students in science and mgineering fields was sent to a recess study along with proposed expansion of facilities for teachu ; of science and engineering at state technical schools and the Unive ity of Massachusetts. Extended for 3 years was the state board of school house con- itruction, established to provide ( onstruction standards and reduce cos 1959.] house No. 2950. 19

Expansion of facilities of the Franklin Technical Institute, through use of 15 million dollars accumulated from a 1,000 pound, 167-year- old bequest of Benjamin Franklin, rather than wait until 1991 as provided in the will. A Supreme Judicial Court ruling is still necessary to clear the way for use of the funds. To meet growing competition for engineers, municipal lighting plants were authorized to finance the education of cadet engineers who agree to work for the plant for at least five years after gradu- ation.

Gambling nd Crime. Several measures proposed by the now-defunct Massachusetts Crime Commission were enacted. They included: 1. A bill setting a fine of up to $2,000 or imprisonment up to one year for use of a telephone in registering or laying of bets. 2. A measure requiring written approval by the top municipal police official and the head of the state police criminal information bureau before telephones may be re-installed within one year in premises where gambling operations were conducted. 3. A bill authorizing police officials to fingerprint and photo- graph persons charged with felonies or misdemeanors involving drugs, sex, gaming, traffic in stolen property, or a fraudulent scheme went to a study. Courts. Governor Furcolo won authority to appoint six additional judges to the Massachusetts Superior Court to speed the work of the Court. In addition, a law was adopted to permit Superior Court Judges to remand to the District Courts for trial cases in which reasonably anticipated recoveral le damages are not more than $l,OOO. Salaries of 38 full-time District Court Judges were boosted from $12,000 to $14,000, with $l,OOO increases going to 33 part-time judges and an $l,BOO increase for another part-time judge. A special commission study to determine whether or not capital punishment should be abolished was continued to December, 1959. A proposal made by Governor Furcolo for a state-wide referendum on the abolishing of capital punishment was referred to the special commission, as was a gubernatorial recommendation for a more modern definition of legal insanity in a capital case. The time a prisoner is held awaiting and during trial is deemed 20 HOUSE —No. 2950. [June part of his sentence upon conviction under a law posted this year. A more effective method of dealing with sexually dangerous persons was approved including indeterminate sentences. A mandatory sentence of up to life imprisonment was established as a penalty for a second or subsequent offense of indecent assault and battery on a child under 14 years of age. Police registration was required for persons having narcotics con- victions within the previous 10 years as well as such persons coming from out of state who stay in the state 24 hours.

Government Operations. A three-member private corporation was set up to construct a new state office building on Beacon Hill as part of a government center. The city of Boston was authorized to go ahead with the center, including a city hall and a new federal building. The Commission on the Audit of State Needs, originated by Gov- ernor Furcolo, was extended to December, 1960. Open meetings of State, County and Municipal boards and commissions were required by enacted legislation. Governor Furcolo’s plan to add two members to the Public Utili- ties Commission, one a woman versed in consumer affairs, was adopted. The Beacon Hill historic district was expanded to cover more of the Beacon Hill area, and powers of the Commission controlling ar- chitectural changes in the district were made more explicit. General legislation to permit municipalities to establish historic districts to preserve external ft atures failed because of inability to draft a satisfactory bill. Efforts to establish a Bratth Street Historic District for preservation of Colonial treasures in this historic Cambridge area failed for the same reason. Governor Furcolo’s requested legislation for a federal-state co- ordinator to push for available federal aid was enacted. (

Labor.

Duration of unemployment compensation benefits were extended by 50 per cent for jobless workers who exhaust their benefits through prolonged unemployment, with the maximum duration boosted from 26 to 39 weeks. 1959.] HOUSE —No. 2950. 21

The weekly dependence benefit under unemployment compensation was extended to cover dependents over 18 years of age, who are physically or mentally disabled. Payment of up to 18 weeks of unemployment compensation benefits was authorized for jobless workers taking approved retraining courses for other work. Workers who voluntarily quit their jobs for good cause were made eligible for jobless payments, as were workers forced to retire under pension plans. Unemployment compensation benefits were voted for workers unemployed because of a strike in which they are not participants. The minimum wage level for intrastate industry was boosted from 80 cents to 90 cents an hour. Penalties were established for payment of to discourage formation or functioning of labor organizations. Right of public employees, excepting police officers, to join a labor organization was protected by law. Maximum weekly benfits under workmen’s compensation were boosted from $35 for the first 13 weeks and $4O per week thereafter. Employers were required to give re-employment preference to workers who are receiving workmen’s compensation for injuries incurred while at work for them. More stringent regulation of industrial homework was voted.

Roads and Motorists Expenditure of 200 million dollars in state road funds in anticipa tion of federal reimbursements was authorized. Thus state funds need not be encumbered to cover federal grants until they are n ceived. The effect is to make unnecessary a new state road bond issue for several yes The Massachusetts Turnpike Authority was empowered to tak land to relocate the tracks of the Boston & Albany Railroad in con structing the toll road extension into Boston. The same agency was given the task of building a second harbor tunnel paralleling Sumner Tunnel, which is to be taken over by the Massachusetts Turnpike Authority. A three-member state authority was voted to build the under ground Boston Common garage Persons held in custody and charged with driving while under tin 22 HOUSE No. 2950 [June influence of liquor were given the right to an immediate medical examination. Sent to the Judicial Council of Massachusetts for study and recommendation was legislation to provide for chemical ability tests of car drivers charged with operating under the influence of narcotics. A measure establishing a ceiling on finance charges on automobile installment purchases was enacted into law. I Public Employe! A new law was passed to authorize municipalities to grant sur- vivorship benefits to widows of employees in the non-contributory pension system, who pass on without making provisions for their surviving spouse. The limit is $2,000 or 50 per cent of the salary, whichever is less. A $lOO-a-month minimum pension was provided for widows of public employees in the contributory retirement system who were in service five or more years. The issue of curbing public disability pension abuses headed for the November ballot after the House of Representatives rejected an initiative petition to make retroactive a 1957 act requiring corresponding pension cuts when the total of pension and outside earnings exceeds the current salary of the position from which the em- ployee was retired for permanent and total disability. Local referendums on a 48-hour week for firemen were authorized upon petition of 10 per cent of the voters.

Old Age Pensions. Expansion of the state-guaranteed program of housing for elderly persons from 35 million dollars to 45 million dollars was enacted into law. State participation in municipal recreation programs for physically® and mentally handicapped persons, paying one-half the cost, including transportation to and from the site of such a program each day, was approved. Public Health The 1957 law requiring licensing and registration of practical nurses was eased to make it simpler for nurses with long experience to qualify. 1959.] HOUSE — No. 2950. 23

A Division of Food and Drugs was established in the State De- partment of Public Health.

Conservation. The State Department of Natural Resources was granted eminent domain powers to take lands for state forests and parks. It paves the way for a $lOO million, long-range 20-year program. State acquisition of Popponesset Beach in Mashpee, in the Cape Cod district, was passed. The functions and duties of the Division of Beaches were trans- ferred to the Division of Waterwavs. The penalty for wantonly or recklessly setting forest fires was boosted from not more than $lOO or imprisonment for up to six months to a maximum of $l,OOO or up to two years’ imprisonment.

Business Regulation. A law was adopted barring offering of merchandise under a fire sale designation unless the goods have, in fact, been salvaged from a fire or included in an insurance settlement after a fire, and segre- gated and identified. The penalty for violation of the law against bait advertising was boosted to $5OO to $l,OOO, or imprisonment for not more than one year. The previous limit was $lO to $5OO or up to one year’s imprisonment. State engineering groups won approval of a law requiring regi tration and licensing of engineers, with established standards. Trading stamp companies were placed under state regulation and required to post bonds to guarantee redemption of stamps.

Public Transportation An Old Colony Area Transportation Commission was established to insure continuation of passenger service on the Old Colony Line from July 1, 1958 to July 1, 1959, to provide sufficient time for a permanent plan. Under the plan 38 communities are contributing $900,000 to help meet anticipated operating deficits. A $lOO,OOO study of metropolitan transportation problems wa authorized. The Metropolitan Transit Authority was authorized to enter into leases with the state, municipalities or counties for use of public 24 HOUSE —No. 2950. [June land for parking areas and to stud need and cost of a new sub- way to serve the proposed Pruder al Center in the Back Bay section of Boston.

V ET ANS, bill was adopted t lien on property owned by dependent father and/or xx sceiving benefits based upon the war service of their offspring. A 1,500 exemption is provided. Massachusetts World War I nd Korean War Veterans were I made eligible for fn nsion courses. World War II veterans already were eligible Korean War Veterans were exer pted from civil service examination age requirements for a 10-yea period after their honorable discharge, if they had been of eligible on entering the service.

Mt ANEO

A study of year round daylight savingV time by the Commission on Interstate Co-operation was ordered. Legislation was adopted to obscene literature control commission in the Attorney General’s office Phe Governor was empowered to take emergency action in drought 1959.] HOUSE -No. 2950. 25

Laws Affecting Interstate Co-operation passed by the 1958 Legislature.

Chap. 350. Ax Act rei ive

VALLEY DMM Be it enacted, etc., as follow

Section 3 of chapter 608 of the acts of ' 1956 is hereby amended by striking out, in lines 7 and 8, the words “director off sanitary engineering and chief sanitary engineer in the department of public he?alth” and inserting in place thereof the words: —■ chairman of the water resources s commission or his designated representative, —• so as to read as follows: —• Section-13. Within thirty days after the aforesaid agreement or compact shall have becomi ie effective as provided in section two of this act, the governor shall, with adviw e and consent of the council, appoint a member of the Merrimack River Valley Flood1 Control Commission, who with the director of the div waterways in the department of public works, and tl chairman of the water resources commi: sion or his designated representative, shall compose said commission. The member appointed by the governor shall serve until the first day of March, nineteen hundred and fifty-eight. In the month of February, nineteen hundred and fifty-eight, the r ernor, by and with the advice and consent of the council, shall appoint one such ember to serve for a period of three years from the first day of March thereafter. Approved May 36, 1958.

Chap. 351. Ax Act relative to the tIEMJiI F THE CONNECTICUT RIVER VALLEY FLOOD CONTROL

Be it enacted , etc., as follows: tion 3 of chapter 692 of t 1951 is hereby amended by striking out, in lines 7 and 8, the words “director an ;hief sanitary engineer of the department of public health” and inserting in pi thereof the words: chairman of the water resources commission or his des lated representative, so as to read as follows: Section 3. Within thirty da after the aforesaid agreement or compact shall have become effective as provide in section two of this act, the governor shall, with advice and consent of the cou lint a member of the Connecticut River Valley Flood Control Commission:sie th the director of the division of waterways in the department 1 the chairman of the water resources commission or his designated •epresentative, shall compose sai mission. The member appointed by tl ;overnor shall serve until the first March, nineteen hundred and f r In the month of February, ni hundred and fifty-four, the gove ith the ad nscnt council, shall appoint one such membc tr rve for a period of thrt the first day of March thereafter. A pproved May 26 HOUSE No. 2950. [June

Chap. 92. An Act furthbk implementing the interstate compact for the SUPERVISION, CARE AND ASSISTANCE TO JUVENILES. Be it enacted, etc., as follows: Section 1 of chapter 687 of the acts of 1955 is hereby amended by inserting after Article XV the following Article:

Article XVI. Return of Juvenile Delinquents (a) All provisions and procedures of Articles V and VI of this compact shall be construed to apply to any juvenile charged with being a delinquent by reason of a violation of any criminal law. Any juvenile, charged with being a delinquent by reason of violating any criminal law may be returned to the requesting state upon a requisition to the state where the juvenile may be found. A petition in such case shall be filed in a court of competent jurisdiction in the requesting state where the violation of criminal law is alleged to have been committed. The petition may be filed regardless of whether the juvenile has left the state before or after the filing of the petition. The requisition described in Article V of this compact shall be forwarded by the judge of the court in which the petition has been filed. (6) This Article shall provide additional remedies, and shall be binding only as among and between those party states which specifically execute the same. Approved February 17, 1958.

Chap. 362. An Act further implementing the interstate compact fob THE SUPERVISION, CARE AND ASSISTANCE TO JUVENILES. Be it enacted, etc., as follows Chapter 687 of the acts of 1955 is hereby amended by inserting after Article XVI inserted by chapter 92 of the acts of the current year, the following Article:

Article XVII. Return of Certain Children to their Home State. (a) That when any child is brought before a court of a state of which he is not a resident, and such state is willing to permit the return of such a child to his home state, such home state, upon being so advised by the state in which such proceeding is pending, shall immediately institute proceedings to determine the residence and jurisdictional facts as to such child in such home state, and upon finding that such child is in fact a resident thereof and subject to the jurisdiction of the courts thereof, shall, within five days, authorize the return of such child to his home state and to the parent or custodial agency legally authorized to accept such custody in such home state, and at the expense of such home state, to be paid from such funds as such home state may procure, designate, or provide, prompt action being of the essenc (b) This Article shall provide additional remedies, and shall be binding only ai among and between those party states which specifically execute the same. For the purposes of this Article, “child” means any minor within the jurisdie- tionnal age limits of any court in the home state. Approved June 4, 1958. 1959.] HOUSE — No. 2950. 27

Chap. 239. An Act relative to the jurisdiction and enforcement of support ORDERS AND THE TRANSFER OF PROCEEDINGS UNDER THE UNI- FORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT. Be it enacted, etc., as follows. Section 1. Chapter 273 A of the General Laws is hereby amended by striking out section 6, as appearing in section 1 of chapter 556 of the acts of 1954, and inserting in place thereof the following section: —• Section 6. The duty of support shall be enforceable by petition filed in a district court, irrespective of the relationship between the obligor and the obligee. Any proceeding hereunder shall be commenced in a district court within whose judicial district the obligee is an inhabitant or a resident. The court shall enforce all duties of support under this chapter notwithstanding that another court in the commonwealth or in any other state has made a support order and has continuing jurisdiction. Section 2. Said chapter 273 A is hereby further amended by striking out section 10, as so appearing, and inserting in place thereof the following section; —■ Section 10. When the commonwealth is a responding state, and the court finds a duty of support, it may order the respondent to furnish support or reimbursement therefor in a reasonable amount, and subject the property of the respondent to such order. All other courts of the commonwealth shall likewise enforce the order and upon doing so shall inform the court first making the order. Section 3. Said chapter 273 A is hereby further amended by striking out section 12, as so appearing, and inserting in place thereof the following section: Section 12. In addition to the foregoing powers, the court, when the commonwealth is a responding state, may subject the respondent to such terms and conditions as it deems proper to assure compliance with its orders, and may require the respondent to make payments at specified intervals to a probation officer assigned by the court, and punish a respondent who violates any order of the court to the same extent as is provided by law for contempt in any other suit or proceeding. If the court is unable to find the respondent or his property within its judicial district but discovers that the respondent or his property may be found in the judicial district of another court in the commonwealth, the court may forward the papers received from the court of the initiating state to such other court and shall inform the court in the initiating state that it has done so. Thereupon such other court shall give a receipt for the papers and thereafter have the duties imposed by this chapter. Approved April 7, 19B>

Chap. 363. An Act extending the power of the commonwealth to further ENTER INTO INTERSTATE COMPACTS FOR THE SUPERVISION OF PRO- BATIONERS AND PAROLEES. Be it enacted, etc., as follows: Chapter 127 of the General Laws is hereby amended by inserting after section 151J, added by section lof chapter 229 of the acts of 1957, the following section: Section 151K. The word “state” in sections one hundred and fifty- one A to one hundred and fiftv-one J, inclusive, shall include any one of the several 28 HOUSE No. 2950 [June states and Alaska, Hawaii, the Commonwealth of Puerto Rico, the \irgin Islands and the District of Columbia, and the commonwealth shall be a party to said compact authorized by the provisions of section one hundred and fifty-one A with any such jurisdiction legally joining therein when such jurisdiction shall have enacted said compact in accordance with the terms thereof. Approved June 4, 1958.

Chap. 491. An Act relative to the taxation of certain income of a PAYER WHO DURING A CALENDAR YEAR HAS EARNED INCOME BOTH A RESIDENT AND NON-RESIDENT OF THE COMMONWEALTH I Be it enacted, etc., as follows: Section 1. Section 5A of chapter 62 of the General Laws is hereby amended by striking out subsection (c), as amended by section 3 of chapter 677 of the acts of 1957, and inserting in place thereof the following subsection: (c) On the amounts by which the business income,ne as defined in section six, derived by non- residents from sources within the commo: awealth, exceeds the exemptions provided by this section, there shall be levied, ass' sed and collected a tax at the rate prescribed by subsection (6) of section five Said non-residents shall be entitled to the same exemptions to which inhabitant are entitled under the provisions of sub- ;tion (b) of section five and to the same deductions for a spouse and dependents to which inhabitants are entitled under the provisions of subsection {h) of section six; provided, however, that if a taxpayer is required to file both a resident and a non-resident return to report income rec ived during the preceding calendar year, said exemptions and said deductions for i idents shall be divided between such returns in such manner as t taxpayer may elect, provided that the te amount of such exemptions and deductions so claimed does not exceed that which would have been available to th taxpayer if he had filed a single return to specified for such year. Said non-residents shallbe e ititled the same deductions in subsections (a) through (g) and in subsection (i) of section six, as are inhabitants, except in the instance of a non-resident such deductions shall be limited to that portion associated with the production of taxable income within the commonwealth. In determining such income, tin rental value of living quarters furnished to any non-resident as part of his cornf msation shall be included. Retirement allowances, however described, from the i Dmmonwealth, or any county, city, town >r district thereof, or from any person c ir entitjq including a present or former ployer of the recipient, shall be exempt from taxation under this section. Section 2. Section 22 of said chapter 62, as most recently amended by section 3 of chapter 435 of the acts of 1957, is here! further amended by adding at the end A the following paragraph: Every individual, not otherwise requi id to file a return under the foregoing 'revisions of this section, who is a reside it for a portion of a taxable year and a non-resident for a portion of said year an whose income received during the portion of the year for which he was a non-resident from professions, employment trade or business, carried on in person or by a partnership, association or trust, of which he is a member, within the commonwealth together with his income received during the portion of the yearir forfor which he was a resident fromfrom professions, em- 1959.] HOUSE No. 2950. 29

ployment, trade or business, exceeds two thousand dollars, shall file separate returns reporting, respectively, the income received as a resident and as a non- resident. Section 3. This act shall apply with respect to taxable years commencing after December thirty-first, nineteen hundred and fifty-seven. Approved July 29, 1958.

Chap. 542. An Act making cebtain coebective and other changes in the tI UNIFORM COMMERCIAL CODE. Whereas, The deferred operation of this act would tend to defeat its purpose, which is, in part, to make certain corrective and other changes in chapter one hundred and six of the General Laws, as appearing in section one of chapter seven hundred and sixty-five of the acts of nineteen hundred and fifty-seven, which takes effect on October first, nineteen hundred and fifty-eight, therefore it is hereby de- clared to be an emergency law, necessary for the immediate preservation of the public convenience Be it enacted, etc., as foil TiON 1. Section 1 201 of chapter 106 of the General Laws, as appearing in section 1 of chapter 765 of the acts of 1957, is hereby amended by striking out subsection (30) and inserting in place thereof the following subsectior (30) “Person” includes an individual or an organization. Section 2. Said section 1 201 of said chapter 106, as so appearing, is hereby further amended by striking out subsection (33) and inserting in place thereof the followingsul (33) “Purchaser” means a person or his nominee who takes by purchase. Section 3. Section 2—• 312 of said chapter 106, as so appearing, is hereby amended by adding at the end the follow! nbsection (4) Unless otherwise agreed a seller mak no warranty under subsection (3) with respect to any claim for which the exclu ; remedy of the claimant is by action against the United States in the Court ( Claims or in the district courts of the United States. tion 4. Subsection (1) of section 603 of said chapter 106, as so appearing, is hereby amended by striking out, in ine 10, the word “idemnity” and inserting in place thereof the word; indemnity, so as to read as follows:

(1) Subject to any security interest in the buyer (subsection (3) of section 2 —• when the seller has no agent or place of business at the market of rejection a wnerchant buyer is under a duty after rejection of goods in his possession or control to follow any reasonable instructions re ived from the seller with respect to the goods and in the absence of such instr lions to make reasonable efforts to sell them for the seller’s account if they are perishable or threaten to decline in value speedily. Instructions are not reasonal Ic if on demand indemnity for expenses is not forthcoming. Section 5. Said chapter 106 is hereb; further amended by striking out section ~ 104, as so appearing, and inserting in place thereof the following section 30 HOUSE —No. 2950. [June

Section 3 —lO4. Form of Negotiable Instruments; “Draft”; “Check” “Certificate of Deposit”; “Note”. (1) Any writing to be a negotiable instrument within this Article must (a) be signed by the maker or drawer; and (6) contain an unconditional promise or order to pay a sum certain in money and no other promise, order, obligation or power given by the maker or drawer except as authorized by this Article; and (c) be payable on demand or at a definite time; and (d) be payable to order or to bearer. (2) A writing which complies with the requirements of this section is (a) a “draft” (“bill of exchange”) if it is an order I (6) a “check” if it is a draft drawn on a bank and payable on demand; (c) a “certificate of deposit” if it is an acknowledgment by a bank of receipt of money with an engagement to repay it; (■ d ) a “note” if it is a promise other than a certificate of deposit. (3) As used in other Articles of this chapter, and as the context may require, the terms “draft”, “check”, “certificate of deposit” and “note” may refer to instruments which are not negotiable within this Article as well as to instruments which are so negotiable.

Section 6. Section 3 —’511 of said chapter 106, as so appearing, is hereby amended by striking out subsection (6) and inserting in place thereof the following subsection: —■ (6) Where a waiver of presentment, notice or protest is embodied in the instrument itself it is binding upon all parties; but where it is writtenabove the signature of an indorser it binds him only. Section 7. Subparagraph (d) of subsection (1) of section 3 601 of said chapter 106, as so appearing, is hereby amended by striking out, in line 1, the word “security” and inserting in place thereof the word: —-collateral, so as to read as follows: (d) impairment of right of recourse or of collateral (section 3 606); or. Section 8. Subparagraph (6) of subsection (3) of said section 3 601 of said chapter 106, as so appearing, is hereby amended by striking out, in line 3, the word security” and inserting in place thereof re word: collateral, —so as to read as follows (&) is discharged under any provision of this Article, except as otherwise provided with respect to discharge for imp airment of recourse or of collateral (section 3 606). Section 9. Section 8 311 of said chapter 106, as so appearing, is hereby amended by striking out, in lines 2 and 3, the word “effectiveness” and inserting in place thereof the word: ineffectiveness, —so as to read as follows: Section 8 311. Effect of Unauthorized Indorsement * Unless the owner has ratified an unauthorized indorsement or is otherwise pre- cluded from asserting its ineffectivene (a) he may assert its ineffectivenesi 5 against the issuer or any purchaser other than a purchaser for value and withoi it notice of adverse claims who has in good faith received a new, reissued or rerep ;istered security on registration of transfer; and (6; an issuer who registers the tram ifer of a security upon the unauthorized indorsement is subject to liability for improper registration (section 8 404). 1959.] HOUSE No. 2950. 31

Section 10. Subsection (2) of section 9 105 of said chapter 106, as so appearing, is hereby amended by striking out, in line 1, the word “apply” and inserting in place thereof the word: applying, so as to read as follows: (2) Other definitions applying to this Article and the sections in which they appear are “Account”. Section 9 106. “Consumer goods”. Section 9 109 (1). “Contract right”. Section 9 106. “Equipment”. Section 9 109 (2). “Farm products”. Section 9 —■ 109 (3). “General intangibles”. Section 9 106. “Inventory”. Section 9 —109 (4). “Lien creditor”. Section 9 —■ 301 (3). “Proceeds”. Section 9 —-306 (1). “Purchase money security interest”. Section 9 107.

Section 11. Section 9 310 of said chapter 106, as so appearing, is hereby amended by inserting after the word “lien”, in line 3, the words: ■— upon goods in the possession of such person, so as to read as follows Section 9 310. Priority of Certain Liens Arising by Operation of Law. When a person in the ordinary course of his business furnishes services or materials withrespect to goods subject to a security interest, a lien upon goods in the possession of such person given by statute or rule of law for such materials or serv ices takes priority over a perfected security interest unless the lien is statutory and the statute expressly provides otherwise. Section 12. Subparagraph ( b) of subsection (3) of section 9 312 of said chapter 106, as so appearing, is hereby amended by striking out, in line 3, the words “has previously” and inserting in place thereof the words; —, prior to the date of the filing made by the holder of the purchase money security interest, had, so as to read as follows: (b) any secured party whose security interest is known to the holder of the purchase money security interest or who, prior to the date of the filing made by the holder of the purchase money security interest, had filed a financing statement covering the same items or type of inventory has received notification of the purchase money security interest before the debtor receives possession of the collateral covered by the purchase money security interest; and Section 13. Subsection (5) of said section 9 312 of said chapter 106, as so appearing, is hereby amended by inserting after the word “section”, in line 2, the words: —(including cases of purchase money security interests which do not qualify for the special priorities set forth in subsections (3; and (4) of this section), so as to read as follows: (5) In all cases not governed by other rules stated in this section (including cases of purchase money security interests which do not qualify for the special priorities set forth in subsections (3) and (4) of this section), priority between con- flicting security interests in the same collateral shall be determined as follows: (a) in the order of filing if both are perfected by filing,regardless of which security interest attached first under section 9 204 (1) and whether it attached before or after filing; 32 HOUSE No 2950. [June regardless (6) in the order of perfection unless b( >th arc perfected by filing, of the which security interest attached first unc ler section 9 204 (1) and, in case filing; and of a filed security interest, whether it atta i before or after g (1) long neither is (c) in the order of attachment under 204 so as perfected. is Section 14. Section 9 402 of said chapter 106, as so appearing, hereby amended by striking out subsection (3) and inserting in place thereof the following

— _ subsection: . (3) A form substantially as follows is sufficient to comply with subsection (1).

For Filing Officer Use | File No (if Maturity Date any) Date & Hour of Filing (Last Name First) Name of Debtor Address Name(s) of Other Dcbtor(s) (if any) Address Address Name of Secured Party Address Name(s) of Other Secured Party or Parties (if any) Address Address 1. This financing statement covers the following types (or items) of property: (Describe)

CHECK [X] THE ITEMS WHICH APPLY or are to 2. [ ] (If collateral is crops) The above described crops are growing record owner) be grown on: (General description of real estate and name of

or become fixtures) 3. [ ] (If collateral is goods which are are to The above described goods are affixed or are to be affixed to: (General description of real estate and name of record owner) 4. [ ] Proceeds of collateral are also covered. 5. [ ] Products of collateral are also covered. Signature(s) of Debtor(s) Signature(s) of Secured Party or Parties

.1 Section 15. Subsection (3) of section 9 403 of said chapter 106, as so ap-' pearing, is hereby amended by striking out the last sente: so Section 16. Subsection (5) of said section 9 403 of said chapter 106, as by inserting after the word “statement”, in line 2, appearing, is hereby amended — the words: —or any amendment of either, ■soas to read as follows: (5) The fee for filing, indexing and furnishing filing data for an original or continuation statement or any amendment of either shall be three dollars. Section 17. Section 9 404 of said chapter 106, as so appearing, is hereby 1959.] HOUSE —No. 2950. 33 amended by striking out subsection (2) and inserting in place thereof the following subsection: (2) On presentation to the filing officer of such a termination statement he must note it in the index. The filing officer shall remove from the files, mark “Ter- minated”, and send or deliver to the secured party the financing statement and any continuation statement, statement of assignment or statement of release pertaining thereto. Section 18. Section 9 407 of said chapter 106, as so appearing, is hereby amended by striking out subsection (2) and inserting in place thereof the following subsection: (2) Upon request of any person, the filing officer shall issue his certificate showing whether there is on file on the date and hour stated therein, any presently effective financing statement naming a particular debtor and any statement of assignment thereof and if there is, giving the date and hour of filing of each such statement and the names and addresses of each secured party named therein. The fee for such a certificate shallbe three dollars,. Upon request the filing officer shall furnish a copy of any filed financing statement, continuation statement, termination statement, statement of assignment or statement of release for a fee of one dollar and, if such statement consists of more than three pages, an additional fee of fifty cents for the fourth and each succeeding page. Section 19. Said chapter 106 is hereby further amended by inserting after section 9 407, as so appearing, the following section: Section 9 408. Destruction of Old Records. Unless a filing officer has notice of an action pending relative thereto, he may remove from the files and destroy (a) a lapsed financing statement, a lapsed continuation statement, a statement of assignment or release relating to either, and any index of any of them, one year or more after lapse; and (6) a terminationstatement and the index on which it is noted, one year or more after the filing of the termination statement. Section 20. This act shall take effect on October first, nineteen hundred and fifty-eight. Approved August 20, 1958.

Special Studies authorized by the 1958 Legislature affecting Interstate Co-operation.

Chap. 21. Resolve providing for .an investigation by the judicial council RELATIVE TO IMPOSING A PENALTY FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF NARCOTIC DRUGS. Resolved, That the judicial council be requested to investigate the subject matter of current senate document numbered 104, relative to imposing a penalty for operating a motor vehicle while under the influence of narcotic drugs, and to include its conclusions and its recommendations, if any, in relation thereto, with drafts of such legislation as may be necessary to give effect to the same, in its annual report for the current year. Approved February 28, 1958. 34 HOUSE —No. 2950. [June

Chap. 27. Resolve reviving and continuing the special unpaid commission ESTABLISHED TO INVESTIGATE AND STUDY THE MOTOR VEHICLE LAWS AND THE INSURANCE LAWS AS THEY RELATE TO MOTOR VEHICLES AND CERTAIN RELATED MATTERS. Resolved, That the unpaid special commission established by chapter one hundred and twenty-five of the resolves of nineteen hundred and fifty-six is hereby revived and continued for the purpose of making an investigation and study of the motor vehicle laws, the insurance laws as they relate to motor vehicles, the factors which affect the cost of compulsory automobile insurance, the relation of motor vehicle violations to accidents, and all matters relating to public safety on the highways. f Said commission shall be provided with quarters in the state house or elsewhere, may hold public hearings, may travel withinand without the commonwealth, shall have the power to summon witnesses and to require the production of books, records and papers and the giving of testimony under oath, and may expend for legal and other expert services, clerical hire and other expenses the unexpended balance of item 0257-12 in section twr o of chapter four hundred and two of the acts of nineteen hundred and fifty-seven. Said commission shall report to the general court the results of its investigation and study and its recommendations, if any, together with drafts of legislation necessary to carry such recommendations into effect, by filing the same with the clerk of the senate from time to timeand by filing a final report on or before the last Wednesday of June in the current year. Approved March 7, 1958.

Chap. 28. Resolve providing for an investigation and study by the ADVISORY COMMITTEE ON SERVICE TO YOUTH RELATIVE TO COMMIT- MENT OF CHILDREN HELD FOR EXAMINATION OR TRIAL TO THE YOUTH SERVICE BOARD FOR STUDY. Resolved, That the advisory committee on service to youth is hereby authorized and directed to make an investigation and study of the subject matter of current house document numbered 1483, relative to commitment of children held for examination or trial to the youth service board for study. Said committee shall report to the general court the results of its investigation and study and its recommendations, if any, together with drafts of legislation necessary to carry such recommendations into effect, by filing the same with the clerk of the house of representatives not later than the last Tuesday of December in the current year. Approved March 10, 1958. I Chap. 74. Resolve reviving and continuing the special commission established TO MAKE AN INVESTIGATION AND STUDY RELATIVE TO RE- TARDED CHILDREN AND THE TRAINING FACILITIES AVAILABLE THEREFOR. Resolved, That the unpaid special commission established by chapter seventy- seven of the resolves of nineteen hundred and fifty-two, and most recently revived and continued by chapter fifty-six of the resolves of nineteen hundred and fifty- seven, is hereby further revived and continued for the purpose of continuing its investigation and study relative to the number of retarded children in the common- 1959.] HOUSE —No. 2950. 35

wealth and the training facilities available for their instruction. Said commission shall be provided with suitable quarters in the state house or elsewhere, may hold hearings, may require by summons the attendance and testimony of witnesses and the production of books and papers, may travel within and without the commonwealth, and may expend for clerical and other services the unexpended balance available in item 0245-00 of section two of chapter seven hundred and forty-three of the acts of nineteen hundred and fifty-seven, and such other sums as may be appropriated therefor. Said commission shallreport to the general court the results of its investigation and study, and its recommendations, together with drafts of legislation necessary to carry such recommendations into effect by filing one or * more reports with the clerk of the house of representatives from time to time, and by filing its final report on or before the first Wednesday of December, nineteen hundred and fifty-eight. Approved April SO, 1968.

Chap. 78. Resolve increasing the scope of the special commission established TO MAKE AN INVESTIGATION AND STUDY RELATIVE TO THE ESTABLISHMENT OF AN ATOMIC ENERGY INDUSTRIAL RESEARCH CENTER. Resolved, That the unpaid special commission, established by chapter seventy- seven of the resolves of nineteen hundred and fifty-seven, and revived and continued by chapter sixty-seven of the resolves of the current year, shall, in the course of its investigation and study, consider the subject matter of current house document numbered 1506,relative to providing for a world atomic and scientific exposi- tion sponsored by the commonwealth and held in the city of Boston; and the investigation and study proposed by current house document numbered 2082, relative to present and future atomic defenses of the commonwealth. Approved May IS, 1958.

Chap. 80. Resolve providing for an investigation ,\nd study by the department OF LABOR AND INDUSTRIES RELATIVE TO CLARIFYING THE HOURS OF LABOR FOR WOMEN AND CHILDREN AND RELATIVE TO OyER- TTME COMPENSATION FOR WORK IN EXCESS OF FORTY HOURS A WEEK AND CERTAIN RELATED MATTERS. Resolved, That the department of labor and industries is hereby authorized and directed to make an investigation and study of the subject matter of current house documents numbered 639, to protect the health and safety of women employed in certain industries and working under cold and freezing conditions; 643, relative * to overtime compensation for employees called to work at hours other than their regular hours of employment; 645, relative to providing for overtime pay for work in excess of forty hours per week; 1327, relative to providing for overtime pay for work in excess of forty hours per week; and 1329, relative to clarifying the hours of labor for women and minors. Said department shall report to the general court the results of its investigation and study and its recommendations, if any, together with drafts of legislation necessary to carry such recommendations into effect, by filing the same with the clerk of the house of representatives on or before the last Tuesday of December in the current year. Approved May 26, 1958. 36 HOUSE No. 2950. [June

Chap. 94. Resolve continuing the investigation and study by the department OF PUBLIC HEALTH RELATIVE TO RADIO ACTIVE MATERIALS. Resolved, That the department of public health is hereby authorized and directed to continue the investigation and study, authorized by chapter one hundred and six of the resolves of nineteen hundred and fifty-seven, relative to regulatory and protective measures pertaining to radioactive materials. For the purpose of continuing said investigation and study said department may spend the unexpended balance of the sum appropriated by item 2002-29 of section two of chapter seven hundred and seventy-one of the acts of nineteen hundred and fifty-seven. Said department shall report to the general court the results of its investigation t and study and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect by filing the same with the clerk of the house of representatives on or before the last Tuesday of December in the current year. Approved June 9, 1958.

Chap. 97. Resolve increasing the scope of the special commission established TO MAKE AN INVESTIGATION AND STUDY RELATIVE TO THE UNIFORM COMMERCIAL CODE. Resolved, That the unpaid special commission established by section twenty of chapter seven hundred and sixty-five of the acts of nineteen hundred and fifty- seven and revived and continued by chapter forty-six of the resolves of the current year, shall, in the course of its investigation and study, consider the subject matter of current house document numbered 612, relative to amending the effective date of the Uniform Commercial Code. Said commission shall report to the general court the results of its investigation and study of the subject matter of said house document numbered 612, and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect, by filing the same with the clerk of the house of representatives on or before June twenty-fourth in the current year. Approved June 9, 1958.

Chap. 98. Resolve providing for an investigation and study by the state ADVISORY COUNCIL IN THE DIVISION OF EMPLOYMENT SECURITY RELA- TIVE TO THE ELIGIBILITY FOR EMPLOYMENT SECURITY BENEFITS OF PERSONS WHO ARE UNEMPLOYED BECAUSE OF THE LOSS OF LICENSES TO OPERATE MOTOR VEHICLES. Resolved, That the state advisory council in the division of employment security i is hereby authorized and directed to make an investigation and study of the subject matter of current house document numbered 1320, relative to clarifying the eligibility provisions of drivers under the employment security law. Said council shall report to the general court the results of its investigation and study and its recommendations, if any, together with drafts of legislation necessary to carry such recommendations into effect, by filing the same with the clerk of the house of representatives on or before the last Tuesday of December in the current year. A pproved June 10, 1958. 1959.] HOUSE — No. 2950. 37

Special Studies authorized by the 1958 Legislature AFFECTING INTERSTATE CO-OPERATION.

Chap. 101. Resolve providingfor an investigationby the water resources commission relative to the water supply of municipalities in THE MERRIMACK RIVER VALLEY. p Resolved, That the water resources commission is hereby authorized and directed to investigate and determine the best method of supplying water to municipalities in the Merrimack River Valley. Said commission shall investigate the availability of water supply sources, including underground waters, and the advisability of taking water from the metropolitan water supply system or the possibility of developing sources of water supply in the state of New Hampshire. Said commission may co-operate with any appropriate federal agency and with the appropriate water resources agency in the state of New Hampshire. Said commission may expend for the employment of engineers, geologists and other experts and assistants, and for other expenses, such sums as may be appropriated therefor. Said commission may report to the general court from time to time the results of its investigation and its recommendations, if any, with plans showing possible water resource developments for said municipalities and estimates of cost, and drafts of legislation to carry such recommendations into effect, by filing the same with the clerk of the senate, and shall so file its final report not later than the first Wednesday in December in the year nineteen hundred and fifty-nine. Approved June 10, 1958.

Chap. 105. Resolve providing for an investigation and study by the department OF PUBLIC WORKS AND THE DEPARTMENT OF PUBLIC HEALTH RELATIVE TO THE REMOVAL OF SUBSTANCES POLLUTING CERTAIN WATERWAYS AND CHARGING THE COST THEREOF TO THE PERSON RESPONSIBLE FOE SUCH POLLUTION. Resolved, That the department of public works, through its division of waterways, and the department of public health, acting jointly, are hereby authorized I|nd directed to make an investigation and study of the subject matter of current Mouse document numbered 320, relative to providing that the department of public works remove substances polluting certain waterways and charge the cost thereof to the person responsible for such pollution. For such purposes the said departments, acting jointly, may expend such sums as may be appropriated therefor. The said departments shall report jointly to the general court the results of their investigation and study, and their recommendations, if any, together with drafts of legislation necessary to carry such recommendations into effect, by filing : thesame with the clerk of the house of representatives on or before the last Tuesday if December in the current year. Approved June 18, 1958. 38 HOUSE - No. 2950. [June

Chap. 107. Resolve increasing the scope of the investigation and study BY THE DEPARTMENT OP PUBLIC HEALTH RELATIVE TO RADIOACTIVE MATERIALS. Resolved, That the investigation and study by the department of public health relative to radioactive materials, authorized by chapter one hundred and six of the resolves of nineteen hundred and fifty-seven and continued by chapter ninety-four of the resolves of the current year, shall, in the course of its investigation and study, consider the subject matter of current house document numbered 1723, relative to requiring certain records to be kept by persons who take X-ray pictures. Approved June 34, 1958$

Chap. 108. Resolve reviving and continuing the special commission ESTABLISHED TO INVESTIGATE AND STUDY THE ADVISABILITY AND FEASIBILITY OF THE COMMONWEALTH PROVIDING LOANS TO LOCAL INDUSTRIAL DEVELOPMENT CORPORATIONS. Resolved, That the unpaid special commission established by chapter eighty-six of the resolves of nineteen hundred and fifty-seven is hereby revived and continued for the purpose of continuing its investigation and study relative to the advisability and feasibility of providing loans and grants in aid by the commonwealth for the purpose of aiding local industrial development corporations, with a view to recommending such changes in the laws or such additions thereto as the commission may deemadvisable. Said commission, in making its investigation and study, shall consider any report or recommendations filed by the legislative research council under the provisions of chapter one hundred and nine of the resolves of nineteen hundred and fifty-six. Said commission shall be provided with quarters in the state house or elsewhere, may hold hearings, may travel within or without the commonwealth and may expend for legal, clerical and other assistance the balance available in item 0258-09 of section two of chapter seven hundred and forty-three of the acts of nineteen hundred and fifty-seven, and such additional sums as may be appropriated therefor. Said commission shallreport to the general court the results of its investigation and study, and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect, by filing the same with the clerk of the house of representatives not later than the last Tuesday of December in the current year. 1 pproved June

Chap. 119. Resolve authorizing the state tax commission to make * STUDY RELATIVE TO THE COLLECTION OF INHERITANCE AND ESTATF TAXES, TO REVISING THE METHOD OF DETERMINING THE STATE TAX APPORTIONMENT, AND TO THE ABATEMENT OF EXCISE TAXES ON I MOTOR VEHICLES. Resolved, That the state tax commission is hereby authorized and directed to study the subject matter of current senate document numbered 695, a report of the Legislative Research Council relative to collection of inheritance and estate taxes; the subject matter of current house documents numbered 1119 and 2149, relative to revising the method of determining the state tax apportionment: and 1959.] HOUSE —No. 2950. 39

2440, relative to abatement of excise taxes on motor vehicles. Said commission shall report to the general court the results of its study and its recommendations, if any, together with drafts of legislation necessary to carry such recommendations into effect, by filing the same with the clerk of the house of representatives on or before the last Tuesday of December in the current year. Approved July 8, 1958.

Chap. 121. Resolve providing fob an investigation by the judicial council RELATIVE TO THE OPERATION OF MOTOR VEHICLES, ESPECIALLY WITH

| REFERENCE TO THE PENALTIES FOR MANSLAUGHTER AND OTHER OFFENCES CAUSING DEATH OR INJURY. Resolved, That the judicial council be requested to investigate the subject matter of current senate document numbered 724, relating to the operation of motor vehicles, especially with reference to the penalties for manslaughter and other offences causing death or injury, and to include its conclusions and its recommendations, if any, in relation thereto, together with drafts of such legislation as may be necessary to give effect to the same, in its annual report for the year nineteen hundred and fifty-eight. Approved July 21, 1958.

Chap. 124. Resolve increasing the scope of the special commission established TO MAKE AN INVESTIGATION AND STUDY EELATIVE TO HUNTING AND FISHING WITHIN THE COMMONWEALTH AND CERTAIN MATTERS RELATING THERETO. Resolved, That the unpaid special commission, establishedby chapter eighty-four of the resolves of nineteen hundred and fifty-five, and most recently revived and continued by chapter forty-two of the resolves of the current year, shall include in its investigation and study the subject matter of current senate document numbered 85, authorizing and directing the department of natural resources to construct a ski tow on Mount Grace in the town of Warwick; and of current house documents numbered 808, authorizing the revaluation of certain land in the towns of Florida, Savoy and Clarksburg taken by the department of natural resources, for the purpose of adjusting the amounts of money paid each town by the commonwealth for the land taken in lieu of taxes; 2700, authorizing the department of natural resources to expend certain moneys for the purchase of fire equipment, for the payment of salaries of certain employees of the bureau of forest fire control of the division of forests and parks of the department of natural resources and for the ■jpaintenance of forests and roads and fire trails therein; and 2975, providing for ■he establishment of a state forest park in the Middlefield State Forest. Approved July 24, 1958.

Chap. 134. Resolve increasing the scope of the investigation and study BY THE DEPARTMENT OF PUBLIC HEALTH RELATIVE TO RADIOACTIVE MATERIALS. Resolved, That the department of public health, authorized and directed by chapter ninety-four of the resolves of the current year to continue its investigation 40 HOUSE —No. 2950. [June and study of radioactive materials, is hereby authorized and directed to include in its investigation and study the subject matter of current house document numbered 2162, in so far as said document relates to authorizing the commercial motor vehicle division of the department of public utilities to regulate the transportation and handling of radioactive materials. Approved August 18, 1958.

Massachusetts Non-Resident Tax. The taxation of non-resident earnings from employment in Massa- chusetts was taken up at a meeting of the New Hampshire Commis-t sion on Interstate Co-operation held at the State House in Concord, New Hampshire. The Commission sent a letter to the Massachu- setts Commission on Interstate Co-operation over the signature of the Honorable Louis C. Wyman, chairman of the New Hampshire Commission and also Attorney General, stating that “it appeared to the Commission upon representation of witnesses that several individuals domiciled in this state have encountered difficulties in obtaining abatements and return of overpayments of Massachu- setts non-resident income taxes.” A list of names and file numbers was attached to the letter with a request that appropriate tax authorities review these eases so that the tax problems of these New Hampshire residents could be adjusted. The Massachusetts Commissioner of Corporations and Taxation, the Honorable Joseph P. Healey, was contacted and requested to review the tax problems of these New Hampshire citizens who have a bona fide legal or administrative problem and that it be given attention as soon as possible. In this connection a list of names of individuals who have asserted directly to Attorney General Wyman’s office that they have such a problem and have asked that their cases be reviewed was turned over to Commissioner Healey. Attorney General Wyman was advised by letter from Commis- sioner Healey on May 6, 1958, as follows:

I have asked Mr. William A. Cummings, chief of the Income Tax Bureau, to give his personal attention to the files of the individuals whose names you sent mejj Please be assured these will be reviewed fairly and objectively. We will give them the same consideration that we give to our own citizens. We are also prepared to give comparable treatment to any other New Hampshire resident who has a bona fide problem with the department.

On June 25, 1958, Attorney General Wyman was notified that there are eight cases where the taxpayer has not filed an application for abatement of the tax in question with the State Tax Commis- 1959.] HOUSE— No. 2950. 41

sioner. Under Massachusetts General Law, chapter 62, section 43, such an application must be filed both when the taxpayer contends that his return overstated the tax due and when he contends that the Commissioner has improperly assessed an additional tax against him. One taxpayer requested by letter dated August fifteenth, nineteen hundred and fifty-seven an application form for an abatement, which was mailed to him on August twentieth, nineteen hundred and fifty-seven, but was never filed by the applicant. There are seven cases where the taxpayer claims on a duly filed "application for abatement that part of his income was earned in Massachusetts, but has failed to support his arbitrary allocation of income earned within and without the Commonwealth. In many cases taxpayers state that they kept no records for the year 1955, which was the first year for which the non-resident tax was effective. However, in the absence of such records or of sup- porting evidence from the taxpayer’s employer, the State Tax Com- mission has no grounds on which it can grant any application for abatement. One taxpayer made several appointments for a hearing but has always postponed them. Another taxpayer filed a return showing total salary received of $7,940 for 260 days. Out of these 260 days, the taxpayer claimed 10 days represented vacation and 20 days represented trips to New Jersey and computed taxable

income as follows :

X $7,940 = $7,023.84 260

Application for abatement was filed on June eighth, nineteen hundred and fifty-seven, in which taxpayer stated that he should have filed based on the portion of each day derived (sic) within the Com- monwealth of Massachusetts including vacation days but excluding full days out of State, and that his taxable income should have been $3,664 on this basis. This claim was denied. If it was the taxpayer's intention to rely on the provisions of section 6 (a) of the Non-Resident Regulations to the effect that “When a working day is spent partly within and partly without Massachusetts, it will be treated as having been spent one half within the state.” Factual information with regard to this point should have been furnished to the State Tax Commission in support of the application. Attorney General Wyman and Commissioner Healey both assured one another during the course of their correspondence on this 42 HOUSE -No. 2950. [June subject of their desire for continual reciprocal co-operation between the law enforcement officials of both States. The 46th Annual Conference on Taxation, under the auspices of the New England State Tax Officials Association was held at the Mountain View House in Whitefield, New Hampshire, on October 15, 16 and 17, 1958. The purposes of the Association were “to promote the study and consideration of the subject of public finance and particularly that . . . which relates to taxation; To bring together by conferences . . . tax and other administrative officers of the New England and other States, instructors in universities® and colleges, taxpayers and their representatives and all others interested . . . with a view to ar exchange of ideas . . . and the promotion of co-operation in the solution of the common problems of equitable distribution of the costs of government; To engage in such other activities tending to bring about a better understanding of the subject of public finance and particularly of taxation as may be deemed meet; ...” Thursday morning’s session, October 16, 1958, was presided over by the Honorable Frederick M. Langton, Tax Administrator for the State of Rhode Island. The symposium or debate “Non-resident Income Tax”, was under the direction of Alfred G. Buehlee, Pro- fessor of Public Finance at the University of Pennsylvania. The participants in the discussion wen Mortimer M. Kassell, Deputy Commissioner and Counsel, New York State Tax Commission. John L. Sullivan, Tax Com ioner, Connecticut William A. Schan, Partner, P: ce, Waterhouse and Co., Boston, Massachusetts. George H. Harmon, Chairman Committee in Opposition to Non- resident Income Tax, New Hampshire. Tire Massachusetts Commission on Interstate Co-operation after reviewing the information on this subject voted to ask the Governor of Massachusetts to request the New England Governors to form a J| special committee to adopt uniform policies on taxation, education and similar topics of mutual interest. It was suggested that practical ways legislatively might be found to divide the revenue received from non-resident taxpayers between the interested States. Thirty-two States and the District of Columbia now impose personal income taxes. In all these States the tax applies to both residents and non-residents who receive income from sources within the 1959.1 HOUSE —No. 2950. 43

State. It was brought out and attested to that there is little que tion concerning the constitutionality of the non-resider it has been sustained by the Supreme Court of the United States on a number of occasions dating back to 1920 just after New York, Oklahoma and a number of other States began using this method of raising revenue. The most recent decision sustaining the New York law was handed down in 1956. The New York State Legislature enacted a law to permit New York citizens to deduct from their New York income tax any levy they pay in other States on their 1957 earnings. The Massachusetts attitude is that the non-residents are benefiting from Massachusetts economy by holding down jobs here. In Metropolitan Boston they can use a rapid transportation system, subsidized by the cities and towns in the district; they are afforded police, fire and health protection, and therefore they should pay the non-resident income tax. It was brought out by the opposition that the tax is unfair, unjust, and not in accordance with the basic moral principles upon which our country was founded. Individuals have no recourse by way of representation in the governmental bodies which enacted the tax law. The tax places a restriction on a person’s inherent right to choose his trade or profession. The opposition further stated that they were requesting federal legislators to introduce legislation to abolish this type of taxation throughout the United States.

Uniform Witness Law Upheld. The United States Supreme Court on March 2 upheld the constitutionality of the Uniform Act to Secure Attendance of Out-of- State Witnesses. The act has been adopted by forty-five States, Puerto Rico and District of Columbia. The decision involved a case (New York v. Joseph C. O’Neill) in which a New York grand jury requested the attendance of an Illinois resident as a witness. The Illinois resident was then in Florida. I Florida and New York, but not Illinois, have enacted the uniform act. A circuit Judge in Florida refused to order the witness sent to New York, and the Florida Supreme Court upheld the ruling, holding the uniform law unconstitutional. The case was appealed to the United States Supreme Court, the Attorneys General of more than forty jurisdictions joining in the appeal to uphold the act. The Supreme Court’s majority decision, written by Justice Felix Frankfurter, said that in the absence of a provision in the Constitu- 44 HOUSE — No. 2950. [June tion preventing States from preserving harmony between them- selves and law and order within their respective borders, the court must sustain the uniform act. The court ruled that the Florida courts had constitutional jurisdiction to order the Illinois resident’s appearance before a New York grand jury even though this was to be done outside Florida. It said that the case represents at most a temporary interference with travel.

Chronological Record of 1958 Meetings and Conferences i DEALING WITH INTERSTATE MATTERS ATTENDED BY MASSACHU- SETTS Representatives of the Commission on Interstate Co-operation. January 30, New York City. Conference on Interlocal Co-operation on Atomic Energy. Commission representative, Philip M. Marklev, Secretary. May 6, New York City. Conference with staff of Council of State Governments. Commission representative, Philip M. Markley, Secretary. May 22, 23, Miami, Florida. Annual meeting of Juvenile Compact Administrators. Commission representative, Hollis M. Gott, Chairman. May 27, Amherst, Mass. New England Resources Conference Commission representative, Philip M. Markley, Secretary. June 17, 18, New York City. Conference with New York staff of Council of State Governments and New York Joint Legislative Committee on Interstate Co-operation concerning proposed Regional Conference on Highway and Motor Vehicles to be held in Boston in the fall. Commission representatives, Representa- tive Hollis M. Gott, Chairman, and Philip M. Markley, Secretary. July 22, Boston, Mass. Regional Steering Committee of Highway Conference meeting. September 2, 3,4, New York City. Conference in New York office of Council of State Governments concerning compacts under t consideration. Commission Representative, Representative Charles F. Holman. September 24, 25, 26, New York City. Atlantic States Marine Fisheries Conference. Commission representative, Philip M. Marklev, Secretary. October 10, New York City. Conference on Reciprocal Support 1959.] HOUSE No. 2950. 45

legislation. Commission representatives, Professor Victoria Schuck and Representative and Mrs. Greene. October 15, 16, 17, Whitefield, New Hampshire. Annual Conference on Taxation. Commission representative, Philip M. Markley, Secretary. November 10, 11, Boston, Mass. Regional Conference on Highway and Motor Vehicle Problems. Commission representative, members of the Commission. November 18, 19, 20, 21, Miami Beach, Florida. Annual Interstate Conference on Reciprocal Support. Commission representative, Representative Hollis M. Gott, Chairman. December 4, 5, Chicago, Illinois. Fourteenth Biennial General Assembly of the States. Commission representatives, Represent- atives James F. Condon and Charles F. Holman, and Philip M. Markley, Secretary.

Twenty-Third Annual Northeastern Regional Conference on Highway Safety and Motor Vehicle Problems. The Twenty-Third Annual Northeastern Regional Conference on Highway Safety and Motor Vehicle Problems was held at the Hotel Statler, Boston, Mass., on November 10 and 11, 1958. All of the ten member States of the conference were represented. Representa- tive Hollis M. Gott, chairman of the Massachusetts Commission on Interstate Co-operation, served as presiding officer in place of the Conference chairman, Senator Elisha T. Barrett of New York. Representative Gott was assisted by Senator Prime lacobucci of Rhode Island, and the Honorable B. Phillips of Delaware. Representative Gott called the meeting to order at 10.00 a.m., and welcomed the delegates on behalf of the Massachusetts Com- mission on Interstate Co-operation and expressed regret that the Conference chairman, Senator Barrett of New York, was unable to attend. t Representative Gott said that the object of the conference was to bring together motor vehicle and 1: ighway administrators and state legislators from the States of the re; ion to analyze and discuss motor vehicle problems and to develop ne lutions to our highw safety problems. The conference rules were adopt >d and a Resolutions Committee was appointed composed of Walla le G. Kittredge, Massachusetts, 46 HOUSE No. 2950. [June chairman; Senator William R. Cole, Maine; Representative Blaine C. Hocker, Pennsylvania; Senator Joseph E. Malley, Rhode Island.

Braki Fluids. The New York State Petrol um Council and the Automobile Manufacturers Association prese ited to the committee proposals in which they asked the commits Ie to consider the introduction of legislation affecting brake fluids. Mr. William A. Speckels, counsel to the New York Joint Legisla- i tive Committee on Traffic Violations, reported on the findings which led his Committee to the conclusions that there should be a state ban on the distribution of all brake fluids except heavy duty fluid. The speakers indicated that today, because of the greater horsepower in autos, there is a greater demand upon the auto to decelerate. As a result of tests made by Chemical Specialties and others, it has been concluded that only heavy duty brake fluid should be installed in the brake system of the modern automobile. It was testified at the hearings that brake fluid other than heavy duty tends to cause the system to boil at 250 degrees F., whereas a safe brake fluid will sustain a boiling point of 350-400 degrees F. Although none of those questioned could furnish any statistical data connecting any cause or relationship between the brake fluid in a damaged vehicle and the accident, yet it was the unanimous opinion that only heavy duty brake fluid should be used in present- day vehicles. At the present time 13 or 14 other States have enacted this legislation. We understand that in some of these States laboratories have been established for the purpose of making tests of samples which have been collected by investigators. We further understand that enforcement of the statute is made by periodic checks by officials from the department which has been given the power to regulate and to enforce the provision, and that where the statute has been violated the penalty has been a fine and in some instances, ft misdemeanor In New7 York the statutes of other jurisdictions have been examined and after a discussion with the experts interested in this legislation have reached the conclusion that it is advisable for the State of New York to introduce legislation banning all brake fluids except heavy duty brake fluid which meets the minimum standards and requirements established by the Society of Automotive Engineers. 1959.] HOUSE —No. 2950. 47

A model statute has been presented to the committee which has been prepared by Chemical Specialties Manufacturers Association. It was also suggested that the legislation could take the form of the uniform vehicle code corresponding section or in accordance with the proposed section submitted by the New York State Petroleum Council. It is their intention to formulate a section and to submit it to these experts for their consideration before its introduction. The conference adopted a resolution urging the States of the region to adopt administrative regulations or legislation requiring that brake fluids offered for sale meet standards as approved from time to time by the Society of Automotive Engineers. There is no doubt in the committee’s mind that such a statute would act as a deterrent to the majority of those who now dis- tribute low quality fluids. Tests made in the State of New Jersey, a State in which this legislation has been in effect, showed that only 3 out of 30 of the samples collected from distributors disclosed defective fluid, while in Westchester County, 10 out of 20 samples obtained showed defective quality. The State of New York, through this committee, therefore, feels that at the forthcoming session of the Legislature, New York should join the other States in banning the sale and distribution of all but heavy duty brake fluid. Outside Mirrors. Air. Zeigler of New Jersey reported that a bill on this subject had been introduced in his State, although it had not passed. The bill makes it incumbent on the owner to add an outside mirror if his car does not already have one. Ala jor Cahalan of Pennsylvania said that there was evidence in his State that cars without outside mirrors were more apt to have accidents on multiple highways than cars with mirrors. He expressed the belief, however, that the conference should move carefully with regard to the spon- soring of legislation making mirrors mandatory. He pointed out that the value of an outside mirror depends on its location and he said that there should be a study of ways of assuring optimum use of the mirror before States are urged to adopt legislation which might only partially solve the problem. He suggested that the automobile industry might be into ted in doing research on this problem. Direction Signals. There wa , brief review of directional signal legislation in this region. T 1 eonsensus was that most manufacturers are installing direction signals, although there are still some States in the region where uch signals are not mandatory. [June 48 HOUSE No. 2950. the fac Mr. Federline of Washington, D. C., called attention to directional signals that the Uniform Vehicle Code requires use of He only when traffic may be affected by a turning movement. said at time when that the Uniform Vehicle Code had been written the belief that the traffic conditions were easier and he expressed signal provisions should be brought up to date. Council of State Other Safety Equipment. Mr. Frederick of the com- Governments read a series of recommendations made by a mittee of the American Medical Association at the April 23, 1958,|k hearing: on research needs in traffic safety of the blouse Committee on on Interstate andd Foreign Commerce'sCommerce’s Specialspecial ouocommn™Subcommittee on for Traffic Safety. The recommendations included: anchorage seat belts; crash padding; improvement in steering wheel design; of seats safety door locks; removal of sharp objects; installation designed to prevent neck snap; elimination of shelves, or installa- ornaments. tion of retaining walls; removal of hood and bumper Several delegates called attention to the automobile industry’s increasing interest in safe design. Mr. Frederick reported briefly on a meeting the Governors’ Con- ference held with the automotive industry in Detroit during 1958. meeting indus^ He said that there had been a cc is at that that public try should publicize safet xl attempt to create a demand for them through its adv irtising. It was also agreed that the industry should continue to worl closely with state officials in ol development of safet nd the American Association co-ordmatm. Motor Vehicle Administrators v ,sked to 1 cv for this purpc pointed There was a brief discussion of these matters, and it was ,t the American Association of Motor Vehicle Administrator: industiy to a subcommittee which meets regularly with the by w safety equipment matters. The suggestion was made one of the delegates that proposals for mandatory safety equipment d be forv i nn I

TTEE ON Com Vehicle Report of the Special Comm Ligh INC

Major Cahalan of Pennsylvania presented the reportlort of this committee. The report described progress beingt> made by the States of

nntl ;-n nphipviua- conformity ~,u conformity with the conference’s commercial the regioni achieving in • Uiio a vehicle Iffiht standards. It also called attention to the fact that the 1959.] HOUSE No. 2950. 49

special committee had informed the Interstate Commerce Commis- sion that Commission Order Ex Parte MC 40 embodies the conference’s views on lighting except that the order should be revised to assure that the minimum standards contained therein will also be considered maximum standards. Such a revision will prevent additions of lights which might destroy the identifying pattern of lights established by the conference lighting standards. The report of the Special Committee was approved unanimously by the Conference. In the discussion which followed this report attention was called to the fact that the ICC had under consideration a regulation for- bidding the flashing of the left turn signal in a parked position. It is contemplated that a four-way flashing signal will be required for commercial vehicles. At the conclusion of the Conference a resolution was adopted continuing the Special Committee on Commercial Vehicle Lighting and urging the States of the region to adopt the Conference lighting idards.

New Highway Signs. Mr. Bernard B. Twombly, Traffic Engineer of the Massachusetts Department of Public Works, spoke on this subject. He called attention to the fact that the interstate highway system would carry about 20 per cent of the nation’s traffic load, and he said that the federal government was paying about 90 per cent of the cost. He said that standards for signing the system had been developed jointly by the Bureau of Public Roads and the American Association of State Highway Officials. He then described some of the standards set forth in the February, 1958, manual regarding markings, using slides to illustrate his comments. Some of the standards are as follows. Signs will be reflectorized (overhead signs may be illumi-

nated) . All town names will be in lower case, and white letters will be used on a green background. The size of the legend deter- * will mine the size of the sign, and only two town names will be permitted on a sign. While individual advertising signs will not be permitted, signs bearing the legend, “Gas, Food and Lodging” may be placed at interchanges. Turn-off signs may not contain the same names as the town signs at interchanges. There will be no stop signals. Interstate highways may not be posted as memorial highways. “Yield right of Way” signs will be mandatory. At the conclusion of Mr. Twombly’s talk, there was a general 50 HOUSE —No. 2950. [June discussion of highway signing problems. Major Cahalan of Penn- sylvania called attention to the need for directional signs at termi- nal points of the system. He also expressed the belief that “Yield Right of Way” signs have been put too far out of the visual field. Major Cahalan also called attention to the need for attended rest stops. He said that failure to provide drivers with a protected place to stop encouraged mugging and made it necessary to provide additional police patrols along the highway. There was a brief discussion of the need for maintaining break- down lanes along the highway. Attention was called to the fact that these lanes should be graded or made of a material which will discourage their use for ordinary driving purposes.

Reciprocal Revocation of Driver Licenses. Dr. Mitchell Wendell, Research Consultant, New York Joint Legislative Committee on Interstate Co-operation, reported on this subject to the conference. He told the group that the Conference’s Committee on Suspension and Revocation of Driver Licenses met on April 8, and discussed the possibility of a compact on a revocation of licenses. On July 8, however, the Steering Committee of the Conference and the Special Committee on Suspension and Revoca- tion of Driver Licenses met in Boston, and it was decided that a model statute would be preferable. At the request of the Com- mittee, Dr. Wendell’s services were made available by the Joint Legislative Committee on Interstate Co-operation to prepare the draft act. Dr. Wendell described the act briefly pointing out that it requires courts to report moving violations to the driver licensing agency, makes it mandatory for the driver licensing agency to notify the out-of-state violator’s home State, and provides in section 3, that the driver licensing agency of the home State may give the same weight to the violations as if it had occurred in the home State. | Dr. Wendell noted that section 3 had been bracketed in the model* statute to call attention to the fact that it might be enacted sepa- rately. He also pointed out that the statute need not be enacted uniformly by all States, but he said that it would be helpful if all States had the substance of the act in their statutes. The text of the act, and an explanatory statement will lie found in the Ap- pendix. At the conclusion of the conference a resolution was adopted urging all States to consider the draft act on report of 1959.] HOUSE No. 2950. 51

moving violations with a view to enacting those portions of its substances not yet contained in their statutes. The following resolution was adopted by the conference relative to Reciprocal Revocation of Driver Licenses: Whereas, The prompt and complete collection of reports of moving traffic violations by state driver licensing agencies and the dissemination of such reports to the State from which the violator holds his license are essential to equitable treatment of drivers in determining whether to suspend or revoke their licenses; and Whereas, The availability of complete records for such purposes is necessary to promote safety on the highways; and Whereas, The Committee on Suspension and Revocation of Driver Licenses, with the assistance of the staff of the New York Joint Legislative Committee on Interstate Co-operation, has prepared a draft to accomplish these purposes; now therefore be it Resolved, That this conference requests each State of this region to consider the draft act on report of moving traffic violations with a view toward enacting those portions of its substance not yet contained in its statutes.

Traffic Laws Vary Widely According to the American Automobile Association’s “Digest of Motor Laws” there are eight differing sets of hand signals used in the United States. Thirty-four States have adopted the following system of arm signals: Left tm n, arm upward; stop or slow, arm downward. Maryland, Nevada North Carolina and Oklahoma use the same system, but alter it s ightly by pointing with the index finger to indicate a left turn. Arm positions in Delaware are the .me, but on a right turn, the arm is moved from rear to front In New Hampshire, signals are given as follows: Left turn, arm extended horizontally; right turn, arm extended horizontally with t hand rotating; stop or slow, arm extended downward. Massachusetts and New Jersey use horizontal arm positions, but indicate a left turn by pointing with the index finger, a right turn by rotating the hand, and stop or slow by the regular horizontal posti on. Connecticut differs from Mas; husetts by moving the hand up and down while pointing the ind finger to indicate a left turn. Most States prohibit passing a stopped school bus receiving or discharging passengers. However, there are nine different colors 52 HOUSE No. 2950 [June

or combination of colors used to identify these buses, and late identification is no excuse for failure to stop. Pedestrians and motorists alike, in Boston, move when and where they can find loopholes in the traffic. Pedestrians and motorists in Los Angeles are fined for similar deviations from the code of the road. The existence of different traffic laws, policies and enforcement from city to city, in State but out-of-town visitors are often as confused by local laws as out-of-state visitors. Varied signals keep motorists and pedestrians up in the air, as well as the unposted laws t they are supposed to know. A midwesterner lived in New England several weeks before he caught the urge to cross busy intersections on red and yellow pedes- trian lights. In his part of the country pedestrians and traffic could proceed on the green light, while yellow was used to indicate “caution” that the green light would change to red. As a passenger with a Boston driver he noticed that either New Englanders often wave at friends or they courteously motion drivers behind them to pass. This proved to be a signal for a right turn. A midwestern traveler in San Francisco was surprised to find California drivers making right turns on a red light. In Kansas City he could be fined $5 for the same thing. Equally surprised was a Bostonian in Los Angeles, when motor traffic stopped to permit him to cross a busy thoroughfare with no stop lights. As he approached the crosswalk, six lanes of 45-mile-an-hour traffic gradually came to a stop so that he might cross. Although Massa- chusetts law affords him the same right, he would be gambling heavily on the actions of motorists uneducated in their legal limita- tions. The Uniform Vehicle Code has been used by the legislatures of all the States as a guide in drafting new statutes or amendments to traffic laws. Many States have adopted the entire Uniform Vehicle Code practically verbatim. Because of the continuous flow of traffic across both city and state lines, the urgent need for uni- ■; formity is well recognized. However, inertia and sometimes local pride are still serious obstacles. Many proposals have been made for a Federal Traffic Code, enacted by Congress, but this drastic remedy is generally believed to be unsound and shortsighted. Voluntary action by the States is slower but much better because it is more consistent with the basic principles of good government. 1959.] HOUSE — No. 2950. 53

The proper purpose of all traffic legislation is not to impose unnecessary or unreasonable restrictions on highway traffic, but to insure, as far as this can be done by law and its enforcement, that traffic shall move smoothly, expeditiously and safely; that no users of the highway, whether in a vehicle or on foot, shall be killed, injured or frustrated in such use by the improper behavior of others. Such is the purpose of the Uniform Vehicle Code.

Seventh Annual Interstate Conference on Reciprocal Support.

The Seventh Annual Conference on Reciprocal Support, sponsored jointly by the Council of State Governments and the Florida Com- mission on Interstate Co-operation was held at the Roney Plaza Hotel, Miami Beach, Florida, on November 19-20-21, 1958. Among the groups represented were state and local welfare officials, attorneys general, prosecuting attorneys, judges, uniform law commissioners and members of commissions on interstate co-operation. Assistant State Attorney Adele Segall Faske of Florida served as Chairman, and Assistant Attorney General Charles Tom Hender- son of Florida served as Co-chairman. The following persons also served as presiding officers during the session: Harold Pressman, Deputy District Attorney, Los Angeles, California; William A. Platz, Assistant Attorney General, Wisconsin; Senator Donald P. Dunklee, Colorado; Richard H. Williams, Assistant Attorney Gen- eral, Nebraska. Attorney General Richard W. Ervin of Florida presented a plaque on behalf of the Conference to the Honorable Grace Clyde Seaman, Assistant District Attorney of Kings County, New York, for her humanitarian service in initiating the reciprocal support movement. In presenting the plaque, Attorney General Ervin paid tribute to Mrs. Seaman for the energy and enthusiasm she had demonstrated

* in her efforts to encourage adoption of this new approach to the problem of obtaining support for abandoned dependents. He told the group that after Mrs. Seaman and District Attorney Miles MacDonald of Kings County devised the concept of reciprocal support legislation, Mrs. Seaman sought Congressional action on the plan. She was told, however, that jurisdiction could not properly be placed with the federal courts since jurisdiction over domestic relations has traditionally been reserved to the States. Mrs. 54 HOUSE — No. 2950. [June

Seaman then made an intensive Tempt to interest state officials and eventually secured the enthi iastic support of the New York State Joint Legislative Committee on Interstate Co-operation. Attorney General Ervin pointed out that the first reciprocal support act, New York’s Uniform Support Law, was adopted in 1948. Today reciprocal support legislation based either on the Uniform Support of Dependents Law or the Uniform Reciprocal Enforce- ment of Support Act is in effect in all States, the District of Colum- bia, Guam, Hawaii, Puerto Rico and the Virgin Islands. General Ervin said that the rapid sweep of this legislation across the country was a tribute to Mrs. Seaman’s initiative and determination, and he said that Attorneys General, Commissioners on Uniform Lav legislators and states attorneys all concurred that she had made an outstanding contribution. In accepting the award, Mrs. Seamar paid tribute to the persons and groups who had aided her in her efforts to secure support for the legislation. She told the group there were still some “rough spots” in the operation of the act, I she said that she was certain they would be worked out eventually

Amendments to the Uniform Act proposed by the National Conference of Commissioners on Uniform State Laws. Professor W. J. Brockelbank of Idaho, Chairman of the Com- mittee of the National Conference of Commissioners on Uniform State Laws which drafted the 1958 proposed amendments to the Uniform Reciprocal Enforcement of Support Act, reminded the conference that the original reciprocal support legislation had been drafted by Mrs. Seaman and others in New York and adopted by s number of States as the Uniform Support of Dependents Law Thereafter the Commissioners on Uniform Laws drafted the Ui form Reciprocal Enforcement of Support Act and URESA-type acts are now in effect in most States. Amendments to URESA are

wax by V_ <* promulgated Kyj the Commissioners on UniformiiUUlin LawsJUftHO atV annualCUUiUU'i A meetings, which are held in conjunction with the American Bar !f Association’s annual meeting. Dr. Brockelbank reported the following major 1958 proposed amendments, pointing out that the text of these and other amendments were available from the Council of State Governments at 36 West 44th Street, New York 36 N. A Section 6. Conditions of Interstate Rendition. This section has been completely revised on the basis of suggestions made at the 1957 Reciprocal Support Conference. The old version of section 6 carried an implication that the obligor might relieve 1959.] HOUSE —No. 2950. 55 himself of extradition by starting a reciprocal support case against himself. Such a construction of the act, while it achieved support payment in some instances, had two disadvantages. It permitted the obligor to escape extradition by making token support payments, and it allowed orders to be made on a one-sided basis since the plaintiff’s story was not before the court. The latter procedure is considered by many to be a violation of due process. The proposed amendment to section 6 preserves the concept that the civil remedy should be tried before extradition is used. It does this by encouraging a Governor to refuse extradition when the obligee has failed to initiate a reciprocal support proceeding. Sections IS 19 (Formerly Sections 17& 18). Further duties of Court and Officials in the Responding State. These sections have been revised to eliminate language which might have been construed to confer non-judicial functions on the court. Section 10(b). This section provides for intercounty and interstate transfer of petitions when the obligor is found in a jurisdiction other than that to which the petition was originally sent. Section 2 4 (Formerly Section 20). Order of Support. Language has been added to this section to provide for intercounty transfer of orders so that a reciprocal support order may be enforced throughout the State. Section 32. This section permits the reciprocal act to be used when the obligor and the obligee are in different counties of the same State. It is intended primarily for use by States in which distances between counties would make it difficult for the obligee to bring suit in the obligor’s county. Part IV. Registration of Decree. Under an 1890 Supreme Court decision full faith and credit does not apply to money judgments which can be modified. Thus States are not required to enforce all support orders of other States. They may, however, provide by legislation for such enforcement and Part IV sets forth language permitting the obligee to register an existing support order for enforcement in the obligor’s State. This eliminates the need to initiate a reciprocal support proceeding when the question of support has already been adjudicated.

Questions raised regarding the Proposed Amendments. Section 19a. Several delegates asked fc ■ an interpretation of section 19a, which places a duty on the prosecuting attorn' y to “use all means at his disposal to trace the respondent”. They expressed t belief that a strict construction of the word “trace” might place undue burder m the prosecuting attorney and they pointed out that the obligee and the initiating State should feel a responsibility for furnishing adequate information about the obligor’s whereabouts. Professor Brockelbank pointed out that section 11 places such a duty on the initiating State and he said that he did not think that the words “use all means at his disposal” could be construed by the courts to mean anything more than that the prosecutor must make a conscientious effort, within the limits of time and staff, to locate the obligor. There appeared to be general agreement that it would be most helpful if States could provide enough staff to permit reciprocal arrangements for the tracing of obligors by responding States. Section 6. Mr. Harrell of Connecticut said that he would object to any provision which would bar States from extraditing obligors. He said that he preferred the civil remedy, but there might be some cases in which extradition was the best 56 HOUSE —No. 2950. [June answer. Professor Brockelbank said that the new version of section 6 was an improvement in this regard since some courts had interpreted the old version of section 6 in such a way that the obligor could make himself immune to extradition. He explained that the new version of section 6 did not prevent extradition, but merely left it to the Governor to decide whether extradition should be permitted in cases where the civil remedy had not been tried. Mrs. Seaman of New York asked why section 6 was necessary since Governors already have discretion over extraditionand have, in a number of States, established a policy of refusing extradition unless special circumstances indicate that the civil remedy should not be used. Professor Brockelbank agreed that Governors already had the authority described * by section 6, but he said the provision had been put in the act to make Governors aware that the civil remedy existed as an alternative to extradition and was considered to be the better procedure for most cases.

Social Security Grants for Administration of Reciprocal Support. Mr. Ivan Smith of Arkansas called attention to the fact that 1958 Social Security Act amendments made payments to guardians possible. He said that Congress’ willingness to allow greater flexi- bility in this regard might be an indication that Congress would take a more liberal view of grants for reciprocal support administration than the view now held by the Social Security Administration. He pointed out that the matter of federal grants had been discussed at the 1957 Reciprocal Support Conference and that a resolution had been adopted in support of such grants, although not unanimously. Mr. Smith said that salaries for reciprocal support investigators and others working on reciprocal support enforcement had to come out of unmatched state funds, and he said that this fact discouraged the addition of needed staff in many instances. Mr. Jules Berman of the Federal Social Security Administration said that the Social Security guardianship amendment was not related to the question of grants for reciprocal support administration. He reaffirmed the position he had taken at Hot Springs that Social Security grants could be used only to further the administration of the public assistance provisions of the act, and he said that such grants could not be used to aid in the performance of a law enforcement function. 1959.] HOUSE - No. 2950. 57

Resolutions adopted by the Conference. I. Proposed Amendment. Be it resolved, That this Seventh Annual Interstate Conference on Reciprocal Support commends the excellent work done by the National Conference of Commissioners on Uniform State Laws in drafting a series of amendments to the URESA. The proposed amendments many of which are based upon resolutions adopted previously by this conference, will aid in the effective use of these laws and this conference hereby records its approval of these amendments. Therefore, be it further resolved, That this conference approves these amendments and urges all States to consider them carefully to the end that they be enacted in the several jurisdictions and thus strengthen the operation and enforcement of these laws.

11. Paternity. Be it resolved, That the National Conference of Commissioner on Uniform Laws be requested to study the matter of liability for support of children of bigamous marriages, illegitimate children and related paternity matters with a view to developing uniform legislation in this field. 111. Information Aqencies. Be it resolved, That wherever possible the state information agent, when not the attorney general, appoint an attorney or other person connected with the courts to act as the information officer.

IV. V'se of Public Records Whereas, The attendance of representatives of the Veterans Ad- ministration and the Social Security Administration at the annual meeting has done much to foster a mutual understanding of the problems surrounding use of records in the location of absconding fathers and other obligors; And whereas, This conference reaffirms its belief that greater availability of the records of these agencies is proper and desirable to assist in the operation of Reciprocal Support Legislation. Therefore, be it resolved, That this Seventh Annual Conference on Reciprocal Support Legislation strongly urges the Administrator of the Veterans Administration and the Commissioner of the Social 58 HOUSE No. 2950. [June

Security Administration to adopt regulations permitting such records to be made available to state and local officials for the purpose of locating persons liable for support. And he it further resolved, That if changes in legislation are necessary to achieve this purpose that the Congress is requested to enact such legislation. And he it further resolved, That the chairman and executive committee of the Conference are directed to take such steps as are necessary to effectuate the purposes of this resolution. i

V. Use of Federal Funds. Be it resolved, That the Social Security Administration be urged to review its interpretation of the Social Security Act with regard to the use of public assistance funds for Reciprocal Support services, and to modify its regulations to permit the use of federal matching funds for these services.

VI. URESA Conferences Whereas, The effective operation of reciprocal enforcement of support legislation requires exchange of information and continuing co-operation among state and local officials including legal officers, judges, court personnel, welfare workers and law enforcement officials. Therefore, be it resolved, That States should consider holding periodic conferences of these officials, perhaps in connection with state bar association meetings and state welfare conferences; and Be it further resolved, That the Council of State Governments is requested to assist groups of States in arranging regional conferences of public officials responsible for administering these laws.

VII. Sectional Meetings as Part of the National Conference. Be it resolved, That the chairman and executive committee in planning the next annual conference shall arrange the program so as to provide special sessions for those concerned with the legal aspects of support legislation and for those concerned with the administrative aspects of these laws. Proceedings of all sectional meetings shall be reported at the general sessions. 1959.] HOUSE No. 2950. 59

Coubt Decisions in the New England States Area affecting Enforcement of Reciprocal Support Laws. The case of Phillips v. Phillips, wherein the intermediate appellate court, upheld the reciprocal procedure has now been decided by the Massachusetts Supreme Judicial Court. The opinion points out that reciprocal proceedings are civ 1 rather than criminal in char acter, that hence no constitutional ights are denied the defendant, and that the evidence of the defends nt was sufficient for the support order to be granted.

Louis M. Phillips v. Chester S. Phillips. 1 Wilkins, C.J. This proceeding under the uniform reciprocal enforcement of support act, G. L. (Ter. Ed.) c. 273A, as appearing in St. 1954, c. 556, § 1, was initiated in the Superior Court, Cumber- land County, Maine, by the State of Maine Department of Health and Welfare, on behalf of the divorced wife of the respondent to seek support for their four minor children. The parties were divorced in Maine, where the respondent was ordered to pay $l5 weekly for the support of his children. The petitioner still lives in that State, and the respondent lives in New Bedford. The District Court judge found that a duty existed to support the children, and ordered the respondent to pay $l5 weekly. The Appellate Division dismissed a r port, and the respondent appealed In the District Court the only idence came from the respondent who was present under summon nd was ordered to testify by the judge. The respondent has rc named and has one child by his second marriage. He earns between $55 and $65 a week, and has not been complying with the Maine order of support. The respondent in his brief makes several suggestions by way of argument. These scarcely meet the requirement of Rule 13 of the Rules for the Regulation of Prac ice before the Full Court (1952), 328 Mass. 698. Boston v. Dolan 298 Mass. 346, 355-356. Kan eh v. Kaneb, 334 Mass. 525, 526-527 Galotti v. United States Trust Co. 2 335 Mass. , , The respondent asserts that c. 273 A is criminal in nature, and hence that the judge erred in requ ing him to take the stand. This contention cannot be sustained. The proceedings were civil in

1 Mass. Adv. Sh. (1958), page 5. 2 Mass. Adv. Sh. (1967) 333, 339. 60 HOUSE No. 2950. [June character. Freeman v. Freeman, 226 La. 410, 415. The purpose of the uniform act is to provide an effective procedure to compel per formance by one under a duty to support dependents in another State, and the District Court judge had power to make a valid order prospective in operation based upon the respondent’s duty to support his children in Maine. Keene v. Troth, 335 Mass. 3 By § 3 of the act, the duty of support and the laws relative to enforcement “bind the obligor regardless of the presence or residence of the obligee.” As the proceedings were not criminal, no rights guaranteed by art. 12 of the Declaration of Rights of the Constitution of this Com monwealth were denied by the refusal of the respondent’s requests numbered 6 and 7. The judge denied the respondent’s first request for a ruling: The burden is on the petitioner to prove the allegations in her petition.” He granted the fourth request: “The pleadings in this case are not evidence.” From the manner in which the case h been presented and from the absence of any separate discussion of this request in the opinion of the Appellate Division, it seems probable that the real ground of the respondent’s complaint was similar to those we have already considered, namely, that the proceedings were criminal; and that all the evidence came from the respondent and none from the petitioner. If, however, we assume that the first request was technically correct, its denial did not harm the respondent. The petition is not in the record, but as filed in the Maine court it must be assumed to have complied with the requirements of § § 6 and 7 of the uniform ret before transmittal to the District Court in this State under § 8, At the hearing before the District Court judge there was no contention by the respondent that these minor children were not hi His uncontroverted testimony required a finding that there was a duty to support. The finding that $l5 was a reasonable sum to pay weekly for the support of four children is not expressly attached. It cannot be pronounced unreasonable. It was not based upon the pleadings as evidence. It must have been based upon the only evidence that there was, namely, that of the respondent. The case could be proved out of the respondent’s own mouth. Keene v. 4 Ivey Ayers, Toth, 335 Mass. 581. v. Mo. 5

3 Mass. Adv. Sh. (1957) 431, 433. 4 Mass. Adv. Sh. (1957) 431. 5 301 S.W. (2d) 790, 796. 1959.] HOUSE —No. 2950. 61

Order Dismissing Report Affirmed. Another decision has been handed down in the Aberlin case. In 1957 a New York Appellate Court found that “temporary” support order should not be issued until necessary interrogations have been completed. This time the father attacked New York’s reciprocal support legislation on the ground that it condoned kidnapping, and he claimed that he was deprived of equal protection of the laws because he was not permitted to contest a Massachusetts custody order in the course of the reciprocal support proceedings. The court characterized the kidnapping as “absurd,” and ruled the plaintiff’s cause to be “unsubstantial and frivolous,” especially in view of the fact that the United States Supreme Court had already refused review in Landes v. Landes where substantially similar issues were raised. The citation is as follows:

Aherlin v. Domestic Relations Court of the City of New York. 1 Plaintiff’s constitutional arguments are: “The act with reference to support of minor children violates the provision relative to equal protection of the laws.”

In the first branch of this argument, plaintiff urges in effect that enforcement of the Uniform Support of Dependents Law deprives him of “equal protection” because a non-resident petitioner can obtain a support order thereunder without being subject to certain provisions of the Domestic Relations Court Act. This contention is based on his assertion that “(t)he Uniform Support of Dependents Law under the opinion of the Appellate Division makes a sharp division between the right to custody and the obligation to support. Such a division is capricious and arbitrary and deprives the plaintiff and more important his infant daughter of the equal protection of the laws.” !» i The “equal protection” clause guarantees that there shall be no

“discriminating and partial legislation ... in favor of particular persons as against others in like condition.” 2 There are no facts recited in the complaint which tend to show that the Uniform Support of Dependents Law is legislation falling in this constitutionally prohibited class.

1 Civil #126-335, U. S. District Court, Southern District of N. Y., February, 1958, 2 Minneapolis & St. L. R. Co. v. Beckwith, 129 U. S. 26, 28, 29 (1889). 62 HOUSE —No. 2950. [June

The law of New York is that a father is absolutely liable for the support, within his means, of his minor children. 3 The separability of the right to custody from the obligation of support is obvious.4 Plaintiff’s complaint shows only that he is being required to fulfill an obligation, viz., support of his minor child, to the same extent as all other persons similarly situated. The second branch of plaintiff’s argument under the “equal protection” clause is that New York’s “interpretation of the Uniform Support of Dependents Law permits the illegal seizure and trans-fc portation of children across state lines for ulterior purposes, without giving the respondent an opportunity to defend his child against such seizure. The Uniform Support of Dependents Law denies the father and child the equal protection of the New York State Penal Laws, section 1250, subdivision 2, in that the interpretation thereof would seem to condone the acts forbidden by said statute rd permits the violator of said statute to profit by his own wrong- doing Plaintiff says in effect that a law which does not condemn kidnapping condones the crime and thus is unconstitutional. This is absurd, as is the fourth branch of this argument in which plaintiff says that the legislation puts a premium on illegal acts, presumably kidnapping, by forcing a person in plaintiff’s position to litigate custody in a distant State. The act is not concerned with custody, deals only with support and in no way requires a person in plaintiff’s position to submit to a foreign jurisdiction. The third branch of the plaintiff’s first attack on the statute that it raises economic barriers be 3ause petitioner is represented by a public official but a responden in plaintiff’s circumstance may litigate his rights only by under ;oing the expense of travel to a foreign court to try his rights to c ustody. The Uniform Support of Dependents Law has no concern with custody. It is designed to that those responsible will support their dependents. Plain- tiff does not deny his obligation to maintain his child. He does not| claim poverty. He has no status to attack the statute as eco- nomically oppi It is also plaintiff’s contention that

“The Uniform Support of Dependeni i Law is void and unconstitutional as it relates to the support of minor children and as interpreted denies due process to

Landes v. Landes, 153 N. Y. S. 2d 14, 19, 1 N. Y. 2d 358, appeal dismissed 352 U. S. 948. Landes v. Landes, n. 5 supra: cf. Vanderbilt v. Vanderbilt, 354 U. S. 416. 1959.] HOUSE - No. 2950. 63 the respondent in that the respondent is not permitted to enter or litigate any defenses he may have to the demand for support by those either illegally holding the child or unfit to have her custody, and permitting him to testify only as to his earnings and ability to support. Such legislation and/or interpretation thereof is summary and arbitrary and amounts to confiscation without an opportunity to be heard. In the instant case the plaintiff father was denied all right or opportunity in the Domestic Relations Court to go into any of the facts relative to the manner in which custody of the child had been obtained, how the child happened to be in the State of Massachusetts, and the fitness and capacity of the person or persons seeking to obtain money for the child’s support.”

The plaintiff raises no issue of “due process” by these allegations. As said before, the Uniform Support of Dependents Law looks to compelling the support of dependent persons by those responsible therefor. Plaintiff does not contend that the amount of support he is ordered to pay is excessive or that the moneys will not in fact be used for the support of his daughter. Plaintiff’s objection to the statute stems from his stubborn but unwarranted refusal to agree that his obligation to support his daughter may be judicially examined and enforced independently of a review of his claimed custodial rights. It is agreed by the parties hereto that a complaint of this nature may be dismissed without the convention of a statutory district court of three judges only if it does not raise a substantial federal question.

“The lack of substantiality in a federal question may appear either because it is obviously without merit or because its soundness so clearly results from the previous decisions of this Court as to foreclose the subject.” 6

The instant case is subject to both infirmities. For the reasons given above, the complaint is deficient on its face. Bell v. Hood is not to the contrary. Plaintiff’s cause is “insubstantial (and)

frivolous and . . . does (not) in fact raise serious questions, both of law and fact, which the District Court can decide only after it has assumed jurisdiction over the controversy.” 6 Further, substantial similar questions were attempted to be raised in Landes v. Landes. Per curiam, the Supreme Court dismissed the appeal from the Court of Appeals of New York for want of a substantial federal question. 7

Water Service Co. v. Redding, 304 U. S. 252, 255.

4. r 64 HOUSE —No. 2950. [June

The defendant’s motions are granted; the cross-motion is denied. It is so ordered Dated: February 5, 1958, New York, New Yorl SIDNEY SUGARMAN, United States District Judge Judgment entered February 6, 1958.

Herbert A. Charlson, Clerk.

Daylight Saving Time The Massachusetts Committee on Legal Affairs, to whom were referred the petition (accompanied by bill, House, No. 190) of Cora F. Holbrook and Mary B. Newman for legislation to make daylight saving time effective throughout the year, the petition (accompanied by bill, House, No. 398) of Gordon D. Boynton for legislation to extend daylight saving time to the last Sunday of November of each year, and the petition (accompanied by bill, House, No. 1667) of Anthony M. Scibelli for legislation to make daylight saving time effective throughout the year, report the accompanying resolve (House, No. 2530). Representative John J. Moakley of Boston filed the following resolve for the Committee

Resolve authorizing the Commissic in Interstate Co-opebation to make an Investigation and Study r: TIVE TO EXTENDING DAYLIGHT SAVING Time. Resolved, That the commission on interstate co-operation is hereby authorized nd directed to make an investigation and study of the subject matter of current house document numbered 190, relative to making daylight saving time effective throughout the year, of current house document numbered 398, relative to extending daylight saving time to the last Sunday of November of each year, and of nrrent house document numbered 1667, r ative to making daylight saving time ffective throughout the year. Said comm ssion shall report to the general court® the results of its investigation and study and its recommendations, if any, together with drafts of legislation necessar any such recommendations into effect, by filing the same with the clerk of the house of representatives on or before the last Tuesday of December in the current year.

The daylight saving time belt is mainly in the east and middle west. Two far western States and one in the southwest also are affected. Most of the deep south stays on standard time. Where 1959.] HOUSE No. 2950. 65 daylight saving time is observed clocks will be turned ahead one hour at 2 a.m., April 26. The hour lost will be regained when clocks are turned back next fall, either in September or October, depending upon local custom. Generally, most areas observing daylight saving time begin the last Sunday in April, and end six months later on the last Sunday in October, but there are exceptions. The situation in some States approaches utter confusion. States in which there is no daylight saving time include L Duisiana, Mississippi, North and South Carolina, Georgia, Utah, Ids ho, Oregon, Nebraska, Colorado, Wyoming and Michigan. The only place in Montana that normally adopts daylight saving time is Butte. The City Council Lere is expected to declare it in effect from about June 1 to September 6, making it the shortest daylight saving time period in the nation. lowa has no daylight saving time, but its border city, Davenport, is making plans to adopt it if Illinois cities across the Mississippi River also adopt it. The situation in Illinois is quite confused because about 80 per cent of its population is expected to go on daylight saving time until October 25, while rural areas are divided, some staying on standard time, others limiting daylight saving time to September 27. The Illinois legislature currently is studying legislation to bring some stat wide unification out of this chaof Maryland has daylight saving time from April 26 to October 25 except for the extreme western part of Garrett County. There courthouse clocks are kept on f tandard time, while most of the county observes davlight saving Tim Kentucky goes on daylight sa ime from April 26 to Octol 31, which is the longest period of any State. In the cities, Lexington and Frankfort, however, daylight savingvine time is maintainedmaintainf the year around. Pennsylvania is another State where uniformity is lacking. Phil delphia, Pittsburgh, Harrisburg and most other cities are on d light saving time from April 26 to October 25. Other cities and towns go back on standard time in September, and still others dc not have daylight saving time a 1. In New Mexico, the only area h has daylight saving ti Alamos County. Similarly, Mif iri stays on standard time except for the St. Louis area. Northe Ohio, including such industrial areas as Cleveland, Akron, Youngstown, Canton and Warren go on daylight saving time ending anywhere from September 27 to October 25, while the rest of the State stays an hour behind. 66 HOUSE - No. 2950. [June

West Virginia’s largest cities, Charleston and Huntington, do not have daylight saving time, but the eastern perimeter is on daylight time from April 26 to September 27, and the northern area until October 25. St. Paul, Minneapolis and Duluth have daylight saving time, while the rest of Minnesota stays on standard time. Virginia counties adjacent to the District of Columbia conform with the nation’s capitol, which has daylight saving time to October 25. The rest of Virginia stays on time. Nevada standard In California, and % Indiana, daylight saving time ends September 27. The New England States, including New York and New Jersey, have daylight saving time from April 26 to October 25, and it begins on April 26 in all or part of 21 States and the District of Columbia. The Council of State Governments’ meeting held in the Statler Hotel, Boston, Massachusetts, on November 10-11, 1958, held a discussion on extending daylight saving time on a year-round basis. Representatives from Maine, Rhode Island, Connecticut and Ver- mont took part in the discussion. The proposal has been advanced in Maine and Massachusetts. There has been considerable scattered discussion of the subject in Connecticut concerning its advantages, but no organized effort to promote legislation. In Vermc it, there is considerable objection to it among the farm people. After some discussion at the Council’s meeting, it was agreed that extending daylight saving time on a year-round basis would cause some difficulties without providing commensurate benefits. It was the opinion of the group that consideration be postponed until next year, and then another meeting to discuss the subject would be held.

The Fourteenth General Assembly of the Sta The Fourteenth Biennial General Assembly of the States was held by the Council of State Governments in Chicago at the Sheraton I Hotel on December 4 and 5, 1958. In a full program of morning and afternoon sessions, it considered many of the problems that are outstanding in state government today and that promise to loom larger in the year ahead. Resolutions were adopted on a number of these subjects. More than 300 men and women from forty-three States, Hawaii and the District of Columbiaattended the General Assemblv. Most AT 1959.] HOUSE c 2950. 67

of the participants were member of the legislatures. Many state executive officials and legislative rvice officers likewise took r Among subjects examined wer such pressing matters as regulation of atomic energy, problems of the aging, control of wa sources, high-school organization and curricula, metropolitan eminent, veterans’ programs, means of assisting the mentally retarded, and federal-state relations. One meeting dealt especially with proposals contained in Suggested State Legislation Program for 1959, developed by a commxtt of the Council of State G ments. Governor William G. Stratton of Illinois, immediate Past Presi- dent of the Council, formally ope ned the General Assembly Thurs- day morning. In a brief address of welcome as chief executive of the home State, he underlined that 1958 had been a busy year indeed for the Council. Among its actions had been its choice of a new Executive Director for the first time in twenty years. The Executive Committee had been unusually active month after month, and the Governor paid it high tribute for the results. Governor Stratton then introduced Governor Leßoy Collins of Florida, who had been elected President of the Council of State Governments by the Board of Managers the preceding day. Governor Collins, in an address that followed immediately sounded the keynote for the general session of Thursday morning - on “Emerging Responsibilities of the States”. The Governor emphasized that in the American system the rights of the people are paramount, rather than the rights of government, and that the measure of worth of any level of government is the degree to which it serves the people’s needs. To that end, government must be both dynamic and flexible. If one level fails to re- spond to grave, emerging needs, the people’s progress is not allowed to stagnate; government through another level can pick up the slack. The speaker recalled that two decades ago deficiencies in state action had brought heavy criticif i and even declarations that the * federal system was dead or dyir Subsequently, in contrast, the States had progressed much in Leeting new responsibilities in public education, in mental hosj 'i ils, in highway construction and in other key fields. Today, Governor Collins cont nued, the vitality of state go\ ment hinges on how the States face up to their emerging responsibilities. Here he underscored the necessity for growth and change. He yielded to none in devotion to the rights of States to perform 68 HOUSE —No. 2950. [June

‘ their proper functions, but he wanted ‘ ‘ no part of the slogan states rights’ if it is used as an excuse for doing nothing.” Public service should be undertaken by the level of government “closest to home which can do the job best” whether the local, state or national government and some responsibilities required joint effort. It was essential, he said, that state governments think in terms of the future as well as the present. It would be necessary to over- come the legacy ofrun-down and neglected facilities, simultaneously to provide facilities to accommodate the needs of the present population, and on top of all this to plan for serving needs which we know I future growth inevitably will brin Nor could the States operate in a vacuum. They were affected by what went on in the world. Their ability to obtain the very funds they required was deeply affected by the national government’s pre-emption of tax sources to meet its costs, including astronomical appropriations for military and related services. No one, the Governor underscored, wants America to weaken her defenses as long as Russia menaces the free world. But the long- range hope for the States, for America and for all people is to bring peace in place of the cold war. Peace at home and democracy abroad, he said, are inseparably related to democracy at home and peace abroad. “The initiative is upon America once again to accept history’s continuing challenge to make democracy w7 ork in actual practice, in the light of changed condition

Federal-State Relations Governor Lane Dwinell of New Hampshire, Co-Chairman of the Joint Federal-State Action Committee and Chairman of the Gov- ernors’ Committee on Federal-State Relations, reviewed the work of the Joint Committee from the time of its inception in 1957. The Joint Committee has continued its work since then, and Governor Dwinell brought the General Assembly up to date on its findings and its fields of inquiry. The Joint Committee is composed of Governors appointed by the I Chairman of the Governors’ Conference and federal officials at a high executive level appointed by the President. Summarizing agreements reached by it and its recommendations for action. Governor Dwinell enumerated ten key points: 1. The committee hag recommended full financial assumption by the States ol two federal grant-in-aid programs vocational education and waste treatment construction. 1959.] HOUSE - No. 2950 69

2. It has developed a proposal involving the use of 40 per cent of the telephone tax on local telephone service to provide every State with the revenue necessary to carry out the above programs without impairment. 3. It has recommended that the States agree to obligate certain minimum sums for natural disaster relief before being eligible for federal financial assistance, and has developed a suggested schedule of these minimum expenditures. 4. It has recommended that each State establish an agency concerned with urban renewal and metropolitan planning and to develop programs to insure the health of our cities; likewise it has recommended that Governors in all States call con- ■rences on metropolitan problems. 5. It has recommended that the Atomic Energy Act be amended so that States may assume increasing responsibility in this field, and that every State establish an office of co-ordinator to keep abreast of peace-time uses of atomic energy development. 6. It has recommended that every State which has not done so create a commission to study its existing resources and needs in higher education and prepare to meet its immediate future requirements. 7. It has agreed to undertake a study of fiscal capacity in the States and problems of equalization. This, Governor Dwinell believed, should develop into one of the committee’s major contributions. 8. It has established procedures for joint consultation between the States and the federal government on migratory labor and medical needs of the aging. 9. It has recommended establishment of a more effective procedure of co-operation between the States and the federal government through the offices of the Coun- cil of State Governments and the Deputy Assistant to the President for Inter- governmental Relations. 10. It has undertaken a study with the purpose of simplifying state tax legis- lationand of increasing the proportion of the tax shared by the States, such increase to be related to state assumption by the States of additional functions. Governor Dwinell pointed out that a chief reservation of the Governors’ Conference last May in considering the Joint Corn- mittee’s report had concerned th< problem of equalizing expected revenue from the telephone tax w th additional costs to the States in assuming the two federal grant programs vocational education and waste treatment construction. The Governor was pleased to report that at its last meeting the Joint Committee had unanimously adopted a modified telephone tax proposal addressed to this problem. The proposal was contained in the Joint Committee’s second progress report, transmitted to the President of the United States . and the Chairman of the Governors’ Conference. Governor Dwinell had noted at the outset of his address that for half a century the life blood of the Council of State Governments had been faith in our federal system, coupled with determination that it be preserved and strengthened. This, he made clear, throughout his presentation, was the purpose of the Joint Committee. 70 HOUSI No. 2950 [June

He emphasized that one of the achievements towards which the committee can aim in t future is to find ways to deal with emerging problems that conce i federal-state fiscal interaction. These problems involving major social and economic questions are by-products of our expanding population, rapid urbanization, intensified demands for higher education and other key factors. Some of the emerging needs, Governor Dwinell said, can be met primarily by state and local action. Others might require participation of the federal government, If federal action is required, he* stated, it should follow careful dc liberation by federal and state* representative In the Joint Federal-State Actior Committee a medium has been established, he said, through wdiich federal and state problems may be explored and resolved. Free and friendly discussion by representatives of the federal and state governments could not but have helpful bearing on future policy decisions regarding the allocation of functions between the various levels of government.

The Conference of Chief Justices. One of the acts which received special attention was a proposed measure for legislative jurisdiction over federal lands within the States. Mitchell Wendell, of the staff of the New York Joint Legis- lative Committee on Interstate Co-operation, explained the background and purposes of the bill. Failure of Congress to adopt needed legislation in this field, he indicated, increases the necessity for state action. Senator Donald P. Dunklee of Colorado, a member of the Com- mittee on Suggested State Legisk tion, outlined a series of proposed measures to bring continuity of state and local governments in event of attack on the United States. He emphasized that it is vital for our state and local governments to carry on in event of

disaster, and that the alternative is martial law. * Paul A. Johnston, Director of the North Carolina Department of* Administration, another member of the committee, explained its proposed State Boat Act, to increase safety in a rapidly growing field of American recreation. Senator Elisha T. Barrett of New York, also a member of the Committee on Suggested State Legislation, reviewed the progress of two important measures carried in the committee’s programs of previous years the Interstate Compact on Juveniles and the 1959.] HOUSE No. 2950. 71

Interstate Compact on Mental Health. The juvenile compact, drafted less than three years ago, has now been ratified by twenty- five States and Hawaii. Twelve States have adopted the Mental Health Compact. Interest in both instruments has continued in other States, and further ratifications are to be expected.

Veterans’ Programs Senator Peyton S. Hawes of Georgia, presiding, introduced Sum- ner G. Whittier, Federal Administrator of Veterans Affairs, who spoke on the federal program and its relationship to veterans’ services in the States. Mr. Whittier, formerly Lieutenant Governor of Massachusetts, said that appearing before the General Assembly was like coming home again. Like ail those present, he believed that we must maintain strong state governments if America is to remain the America we have known. Likewise, he believed that a mutually helpful and co-operative relationship between the state and federal governments was essential, and this certainly should include co-operation in the federal and state programs for veterans. The speaker presented on a screen beside him a series of charts that drove home graphically the great magnitude and wide scope of services offered by the Veterans Administration. For example, one chart showed how total Veterans Administration expenditures in direct and indirect benefits for all wars for which payments are still being made have ranged annually from less than $6OO million in the early ’4o’s to almost $7.5 billion in the peak year of 1947, and now stand at something over $5 billion. Another chart showed we are just about where we were in 1890 in terms of per cent of national income represented by V. A. costs. Thus in 1890 1.2 per cent of the national income went to veterans’ benefits, and in 1958 1.4 per cent represented V. A. expenditures. A further chart illustrated the fact that the average number of patients hospitalized each day under the V. A. program rose from 1947 to 1950, dropped until 1953, and I has been upward since that time to an average daily patient load of more than 114,000 in 1958. This upward curve may be expected to continue because veterans are getting older, and aging means more long-term illness. Other charts depicted major trends as re- gards numbers involved in vocational rehabilitation, numbers of war orphans receiving educational assistance, Korean veterans in readjustment training programs, and total numbers of veterans receiving compensation and pension allowances. [June 72 HOUSE No. 2950

Mr. Whittier reported that, much to his surprise, he found when he entered the Veterans Administration that no one in the executive branch of the federal government had compiled a catalogue of all benefits to which veterans titled under federal and state law. Here, obviously, was one start point for federal-state co-operation. te and federal programs for veterans, he emphasized, should be complementary, not duplica As a prelude to closer co- ordination, a dependable mean: for exchange of information he- tween the federal establishment ld the States was required. Two* examples of advantageous exist! r co-operative arrangements were" those in which the V. A. co-opc tes with representatives of state and local governments in comae ition with its loan guarantee pro- officers with an, and close co-ordinativ Jationships of liaison state approving agencies in matters relating to approval and supervision of education and training. Likewise, a co-operative arrangement is maintained between V. A. training officers and state employment agencies to find job opportunities for disabled veterans who have completed vocational rehabilitation training. The V. A,, Mr. Whittier noted, also is represented on the Federal Council of Aging which, in co-operation with the Council of State Governments, has worked with the States on problems of older persons.

Flood Plain Regulc m and Flood Insurance Despite extensive flood conti >1 nnual flood losses increase. In large part this is du to the growing use of flood plain: for residential, commercial, had trial and other purposes. In order to consider the feasibility of various methods of regulating the use of flood plains and flood insurance, a Conference on Flood Plain Regulation and Insurance was sponsored jointly by the Council of State Governments, the American Society of Civil Engi- neers and the Department of Geography at the University Chicago, in Chicago, Illinois, or December 1-2, 1958. State and federal officials tending this conference adopted aa ment of conclusions regard ag desirable state and federal action in this area. The Fourteenth Biennial General Assembly of the recognizing the need fo: action to cope with this problem, commends to the attention of the States and the federal governmen the conclusions reached by the conferenceace and urges their imple mentation by necessary administrative and legislative actk 1959.] HOUSE —No. 2950. 73

Atomic Energy. Whereas, The development of atomic energy facilities and the use of radioactive materials for peacetime purposes are proceeding at an increasing rate, with resultant impact on many important state and local programs and interests, including the protection of the health and safety of workers and the general public, the regulation of public utilities, insurance and transportation, the conservation and use of natural resources, the promotion of industrial and agricultural expansion, and the control of land use for industrial purposes; and Whereas, There is growing agreement that the States can and should assume an increasing degree of responsibility for stimulating the application of nuclear energy materials and for regulating their uses in the public interest; Now, therefore, he it resolved, By the Fourteenth Biennial General Assembly of the States, meeting in Chicago on December 5, 1958, that the Governors and Legislatures of all the States are urged to consider the atomic energy proposals included in Suggested State Legislation, Program for 1959, and particularly those which are concerned with the co-ordination of atomic development activities in each State and with steps which States can take to provide protection against radiation hazards; and Be it further resolved, That the Council of State Governments be directed to assist the States in forthcoming hearings before the Joint Committee on Atomic Energy having to do with amendments to the Atomic Energy Act which will affect the role the States will fill in this field; and Be it further resolved, That the Council be directed to assist the States in developing co-operative nuclear energy programs.

The Interstate Conference on Water Problems. Whereas, The States are increasingly faced with intergovernmental water resource problems; and Whereas, A proper approach to their solution requires a continuing mechanism for the pooling and interchange of experience and policies in the proper organization and execution of the orderly development, use and administration of water resources; and Whereas, These objectives cannot sufficiently be obtained without special attention to them on a professional basis; and Whereas, The Interstate Conference on Water Problems has 74 HOUSE No. 2950. [June

been formed for these purposes and has requested that the Council of State Governments assist in its organization and operation; Now, therefore, be it resolved, That the Fourteenth Biennial Gen- eral Assembly of the States recognizes the need for a continuing national forum of representatives of state government interested in the orderly development, use and administration of water resources, and welcomes the creation and extension of the Interstate Confer- ence on Water Problems and recommends the extension to said

conference of such services and facilities as it may be suitable and * * feasible for the Council of State Governments to provide.

Registration of Motorboats. Massachusetts families are taking to the waterways for recreation in record-breaking numbers. On week ends and holidays it is probable that boats travel farther by trailers on the highway than these same small craft actually travel in the water. The boat owner finds consistency in highway traffic laws and enforcement procedures in any part of the State, but confusion reigns in the regulations pertaining to boating at water areas controlled by many different jurisdictions. Legislation is spotty and contradictory. Cities have found that it is fruitless to attempt to legislate for a pond which goes into another city or township. The States have been holding off on boating legislation until Congress acts on the Bonner bill to control boats of more than 7.5 horsepower. A recent statistical review indicated that during 1957, 35,000,000 Americans took part in recreation boating, and 1.9 million dollars was spent on boats, engines, accessories, safety equipment, fuel, insurance, docking, launching, storage, maintenance, repair, and boat club membership. 1 Seven million recreational boats were found to be in existence, the total including 437,000 numbered motorboats, 300,000 unnumbered inboard motorboats, 4,000 inboard cruisers, 3,360,000 outboard boats, 595,000 sailboats, and 2,375,000 rowboats and other small | craft. The present patterns of regulation for pleasure boating are contained in the General Laws, chapter 102. Section 15. The muffler law which provides for a contrivance to reduce noises.

National Association of Engine and Boat Manufacturers and the Outboard Boating Club of America, the1 Nation’s Top Family Sport, 1957 (1958). 1959.] HOUSE —No. 2950. 75

Section 15A. The provision for reckless and negligent operation of a mechanically propelled boat. Section 158. Permits cities and towns to make rules and regulations for the control of motorboats on the rivers, lakes and ponds within their jurisdiction, on the approval of the Department of Public Works. Section 16. Requires Lights on Boats when operated at night. Safety problems in motorboating have become a matter of major concern and are rapidly increasing in acuteness. To promote greater public awareness and observance of the law, uniformity of substan- tive provisions as well as comprehensiveness of regulation is highly desirable. In order to secure complementary federal and state legislation, the Committee on Merchant Marine and Fisheries of the United States House of Representatives and the Committee of State Officials on Suggested State Legislation of the Council of State Governments, with assistance from the Coast Guard, have co-operated in evolving a federal statute which has been enacted as Public Law 85-911, and a suggested state boat act which is offered for the consideration of the States. The federal statute as ultimately enacted differs in several important respects from the draft produced through the combined efforts described above. Nevertheless, it does make possible a co- ordinated system of pleasure boat regulation. The basic needs are an adequate system of numbering for all motorboats and for uniform minimum safety requirements. Public Law 85-911 provides that after April 1, 1960, all motorboats not having marine documents from the U. S. Bureau of Cus- toms must be numbered for purposes of identification. The sixteen- foot limitation contained in the Act of 1918 will no longer apply. Such numbering will be done on the navigable waters of the United States by the Coast Guard unless the State concerned (the State in which a particular motorboat is principally used) has enacted a numbering statute which meets the standards set forth in Public Law 85-911. If a State does have such a law, it will number the motorboats on all waters within its jurisdiction, including the navigable waters of the United States. This is of special importance in view of the very expansive definition of “navigable waters” constructed in the decisions of the United States Supreme Court. In these jurisdictions where the Coast Guard (for lack of an appropriate state law) does the numbering, the federal act provide that only motorboats propelled by machinery of more than ten 76 HOUSE —No. 2950. [June horsepower will be numbered. This exemption was not included in the draft approved by the subcommittee of state officials and its inclusion, in their opinion, furnishes an additional reason for the enactment of state laws. State enactment requiring the numbering of all motorboats, regardless of horsepower, will achieve the uni- versal identification which is necessary in the interest of safety. The standards specified in the federal act that a state system of numbering must include are to be found in section 3 of the suggested Section 6 relates to the numbering exemptions. state act. * This numbering system by legislation must be set up before April 1, 1960. After this date the Coast Guard will set up the numbering system, and state legislation requirements after this date w'ould have to conform to numbering standards approved by the Coast Guard. The suggested state act also provides for safety equipment such as life preservers, lights and on certain kinds of boats, wffiistles, ventilating systems and fire extinguishers. The State Board Act is a boat safety law. It is not designed to be a revenue measure. The intent of the Congress that, to the greatest extent practicable, boating laws, rules and regulations covering numbering of pleasure boats, safety equipment to be carried, and the operation of pleasure boats should be uniform. The analysis of the recommended state boat act reveals that it covers the following general areas; 1. All mandatory Federal standards required to be met by a State desiring to have an approved state numbering system. (Sections 3, 4 and 11.) 2. All safety equipment now required for boats using the navigable (Federal) waters of the U. S. (Section 5.) 3. Reckless or negligent operation of a boat or water skis. (Section 9.) 4. Regulation of water skiers generally. (Section 12.) 5. Regulation of boat liveries. (Section 7.) 6. Extension of the so-called “Family Car Doctrine” of civil liability to boats. (Section 15.) 7. Local regulations within a State. (Section 14.) 8. Accident Reports. (Section 10.) I 9. Muffling devices. (Section 8.) 10. Races, tournaments and exhibitions. (Section 13 11. Penalties. (Section 18.)

A bill to provide for the registration and equipment of boats has been drafted and is filed with this report in the Appendix. 959.] HOUSE —No. 2950. 77

Appendix.

SUGGESTED LEGISLATION FOR 1959.

The Massachusetts Commission on Interstate Co-operation approved the following suggested legislation, and an accompanying bill is herewith filed with the Commission’s report for legislative consideration. 1. An Act providing for the Numbering of Certain Motorboats and further regulating the Safety, Equipment and Opera- tion of Motorboats.

CJjc Commontocaltf) of sgassacJnisetts

In the Year One Thousand Nine Hundred and Fifty-Nine.

An Act providing for the numbering of certain motorboats AND FURTHER REGULATING THE SAFETY, EQUIPMENT AND OPERA- TION OF MOTORBOATS. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 The General Laws are hereby amended by inserting after 2 chapter 102 the following new chapter 102A.

3 Chapter 102A.

4 Regulation of the Operation, Equipment and Safety of i o Motorboats. 6 Section 1. Definitions. —As used in this chapter, unless the 7 context clearly requires a different meaning: —• 8 (1) “Vessel” means every description of watercraft, other 9 than a seaplane on the water, used or capable of being used as 10 a means of transportation on water. 11 (2) “Motorboat” means any vessel propelled by machinery, 12 whether or not such machinery is the principal source of pro- 78 HOUSE —No. 2950. [June

13 pulsion, but shall not include a vessel which has a valid marine 14 document issued by the Bureau of Customs of the United 15 States government or any federal agency successor thereto. 16 (3) “Owner” means a person, other than a lien holder, hav- 17 ing the property in or title to a motorboat. The term includes 18 a person entitled to the use or possession of a motorboat sub- 19 ject to an interest in another person, reserved or created by 20 agreement and securing payment or performance of an obliga- 21 tion, but the term excludes a lessee under a lease not 22 as security. intended^ 23 (4) “Waters of this commonwealth” means any navigable 24 waters within the territorial limits of this commonwealth, and 25 the marginal sea adjacent to this commonwealth and the high 26 seas when navigated as a part of a journey or ride to or from 27 the shore of this commonwealth. 28 (5) “Person” means an individual, partnership, firm, cor- 29 poration, association or other entity. 30 (6) “Operate” means to navigate or otherwise use a motor- 31 boat or a vessel. 32 (7) “Commissioner”, the commissioner of natural resources. 33 Section 2. Operation of Unnumbered Motorboats Prohibited. 34 Every person shall operate or give permission for the opera- 35 tion of any motorboat on such waters unless the motorboat is 36 numbered in accordance with this chapter, or in accordance 37 with applicable federal law, or in accordance with a federally 38 approved numbering system of another state, and unless (1) 39 the certificate of number awarded to such motorboat is in full 40 force and effect, and (2) the identifying number set forth in the 41 certificate of number is displayed on each side of the bow of 42 such motorboat. 43 Section 3. Identification Number. —■ (a) The owner of each 44 motorboat requiring numbering by this commonwealth shall 45 file an application for number with the commissioner on forms* 46 approved by him. The application shall be signed by th* 47 owner of the motorboat and shall be accompanied by a fee of 48 dollars. Upon receipt of the application in ap- 49 proved form, the commissioner shall enter the same upon the 50 records of his office and issue to the applicant a certificate of 51 number stating the number awarded to the motorboat and the 52 name and address of the owner. The owner shall paint on or 53 attach to each side of the bow of the motorboat the identifica- 1959.] HOUSE —No. 2950. 79

54 tion number in such manner as may be prescribed by rules and 55 regulations of the commissioner in order that it may be clearly 56 visible. The number shall be maintained in legible condition. 57 The certificate of number shall be pocket size and shall be 58 available at all times for inspection on the motorboat for which 59 issued, whenever such motorboat is in operation. 60 (6) The owner of any motorboat already covered by a num- 61 ber in full force and effect which has been awarded to it pur- 62 suant to the operative federal law or a federally approved 63 numbering system of another state shall record the number 64 prior to operating the motorboat on the waters of this com- 65 monwealth in excess of the ninety-day reciprocity period pro- 66 vided for in clause (1) of section five. Such recordation shall be 67 in the manner and pursuant to the procedure required for the 68 award of a number under subsection (a) of this section, except 69 that no additional or substitute number shall be issued. 70 (c) Should the ownership of a motorboat change, a new ap- 71 plication form with fee (or portion thereof) shall be filed with 72 the commissioner and a new certificate of number shall be 73 awarded in the same manner as provided for in an original 74 award of number. 75 (d) In the event that an agency of the United States govern- 76 ment shall have in force an over-all system of identification 77 numbering for motorboats within the United States, the num- 78 Bering system employed pursuant to this chapter by the com- 79 missioner shall be in conformity therewith. 80 (e) The commissioner may award any certificate of number 81 directly or may authorize any person to act as agent for the 82 awarding thereof. In the event that a person accepts such au- 83 thorization, he may be assigned a block of numbers and cer- 84 tificates therefor which upon award, in conformity with this 85 chapter and with any rules and regulations of the commis- 86 sioner, shall be valid as if awarded directly by him. i 87 '/) All records of the commissioner made or kept pursuant 88 3 this section shall be public records. 89 Every certificate of number awarded pursuant to this 90 hapter shall continue in full force and effect for a period of 91 years unless sooner terminated or discontinued in 92 accordance with the provisions of this chapter. Certificates of 93 number may be renewed by the owner in the same manner 94 provided for in the initial securing of the same 80 HOUSE - No. 2950. [June

95 (h) The commissioner shall fix a day and month of the 96 year on which certificates of number due to expire during the 97 calendar year shall lapse and no longer be of any force and 98 effect unless renewed pursuant to this chapter. 99 (i) The owner shall furnish the commissioner notice of the 100 transfer of all or any part of his interest other than the crea- 101 tion of a security interest in a motorboat numbered in this 102 commonwealth pursuant to subsections (a) and ( h ) of this 101 on or of the destruction or abandonment of such motor- i boat, within fifteen days thereof. Such transfer, destruction or 105 abandonment shall terminate the certificate of number for such 106 motorboat except, that in the case of a transfer of a part in- 107 terest which does not affect the owners right to operate such 108 motorboat, such transfer shall not terminate the certificate of 109 number. 110 (j) Any holder of a certificate of number shall notify the 111 commissioner within fifteen days, if his address no longer con- 112 forms to the address appearing on the certificate and shall, as 113 a part of such notification, furnish the commissioner with his 114 ddress. The commissioner may provide in his rules and regu 115 lations for the surrender of the certificate bearing the former 116 address and its replacement with a certificate bearing the new 117 address or for the alteration of an outstanding certificate to 118 show the new address of the holder. 119 (AO No number other than the number awarded to a motor- 120 boat or granted reciprocity pursuant to this chapter shall be 121 painted, attached or otherwise displayed on either side of the 122 bow of such motorboat.

123 Section J+. Classification and Required Equipment. —• (a) 124 Motorboats subject to the provisions of this chapter shall be 125 divided into four classes as follow 126 Class A. Less than sixteen feet in length. 127 Class 1. Sixteen feet or over and less than twenty-six feet 128 in length. t 129 Class 2. Twenty-six feet or over and less than forty feet in 130 length. 131 Class 3. Forty feet or over 132 (6) Every motorboat in all weathers from sunset to sunrise 133 shall carry and exhibit the following lights when under way 134 and during such time no other lights which may be mistaken 135 for those prescribed shall be exhibited: 1959.] HOUSE —No. 2950. 81

136 (1) Every motorboat of classes A and 1 shall carry the fol- -137 lowing lights: 138 First. A bright white light aft to show all around the 139 horizon. 140 Second. A combined lantern in the fore part of the vessel 141 and lower than the white light aft, showing green to starboard 142 and red to port, so fixed as to throw the light from right ahead 143 to two points abaft the beam on their respective sides. 144 (2) Every motorboat of classes 2 and 3 shall carry the fol- -145 lowing lights: 146 First. A bright white light in the fore part of the vessel as 147 near the stem as practicable, so constructed as to show an un- -148 broken light over an arc of the horizon of twenty points of the 149 compass, so fixed as to throw the light ten points on each side 150 of the vessel, namely, from right ahead to two points abaft the 151 beam on either side. 152 Second. A bright white light aft to show all around the hori- -153 zon and higher than the white light forward. 154 Third. On the starboard side a green light so constructed as 155 to show an unbroken light over an arc of the horizon of ten 156 points of the compass, so fixed as to throw the light from right 157 ahead to two points abaft the beam on the starboard side. On 158 the port side a red light so constructed as to show an unbroken 159 light over an arc of the horizon of ten points of the compass, so 160 fixed as to throw the light from right ahead to two points abaft 161 the beam on the port side. The said side lights shall be fitted 162 with inboard screens of sufficient height so set as to prevent 163 these lights from being seen across the bow. 164 (3) Motorboats of classes A and 1 when propelled by sail 165 alone shall carry the combined lantern, but not the white 166 light aft, prescribed by this section. Motorboats of classes 2 167 and 3, when so propelled, shall carry the colored side lights, 168 suitably screened, but not the white lights, prescribed by this 169 section. Motorboats of all classes, when so propelled, shall 170 carry, ready at hand, a lantern or flashlight showing a white 171 light which shall be exhibited in sufficient time to avert col- -172 lision. 173 (4) Every white light prescribed by this section shall be of 174 such character as to be visible at a distance of at least two 175 miles. Every colored light prescribed by this section shall be 176 of such character as to be visible at a distance of at least one 82 HOUSE No. 2950. [June

177 mile. The word “visible” in this subsection, when applied to 178 lights, shall mean visible on a dark night with clear atmosphere. 179 (5) When propelled by sail and machinery any motorboat 180 shall carry the lights required by this section for a motorboat 181 propelled by machinery only. 182 (c) Any vessel may carry and exhibit the lights required by 183 the Federal Regulations for Preventing Collisions at Sea, 1948, 184 Federal Act of October 11,1951 (33 USC 143-147d), as amended, 185 in lieu of the lights required by subsection ( b ) of this section. 186 ( d) Every motorboat of class 1, 2or 3 shall be provided 187 with an efficient whistle or other sound-producing mechanical 188 appliance. 189 (e) Every motorboat of class 2or 3 shall be provided with 190 an efficient belt. 191 (/) Every motorboat shall carry at least one life preserver, or 192 life belt, or ring buoy, or other device of the sort prescribed by 193 the regulations of the commissioner for each person on board, 194 so placed as to be readily accessible; provided, that every 195 motorboat carrying passengers for hire shall carry so placed 196 as to be readily accessible at least one life preserver of the sort 197 prescribed by the regulations of the commissioner for each 198 person on board. 199 {g) Every motorboat shall be provided with such number, size 200 and type of fire extinguishers, capable of promptly and effec- 201 tually extinguishing burning gasoline, as may be prescribed by 202 the regulations of the commissioner, which fire extinguishers 203 shall be at all times kept in condition for immediate and effec- 204 tive use and shall be so placed as to be readily accessible. 205 (h) The provisions of subsections (d), (e) and (g) of this 206 section shall not apply to motorboats while competing in any 207 race conducted pursuant to section twelve or, if such boats be 208 designed and intended solely for racing, while engaged in such 209 navigation as is incidental to the tuning up of the boats and 210 engines for the race. I 211 (i) Every motorboat shall have the carburetor or carburetors 212 of every engine therein (except outboard motors) using gasoline 213 as fuel, equipped with such efficient flame arrestor, backfire 214 trap, or other similar device as may be prescribed by the regu- 215 lations of the commissioner. 216 (j) Every such motorboat and every such vessel, except open 217 boats, using as fuel any liquid of a volatile nature, shall be 1959.] HOUSE —No. 2950. 83

218 provided with such means as may be prescribed by the regula- -219 tions of the commissioner for properly and efficiently ventilating 220 the bilges of the engine and fuel tank compartments so as to 221 remove any explosive or inflammable gases. 222 {k) The commissioner is hereby authorized to make rules 223 and regulations modifying the equipment requirements con- -224 tained in this section to the extent necessary to keep these 225 requirements in conformity with the provisions of the Federal 226 Navigation Laws or with the navigation rules promulgated by 227 the United States Coast Guard. 228 (I) The commissioner is hereby authorized to establish and 229 maintain for the operation of vessels on the waters of this corn- -230 monwealth pilot rules in conformity with the pilot rules con- -231 tained in the Federal Navigation Laws or the navigation rules 232 promulgated by the United States Coast Guard. 233 (m) No person shall operate or give permission for the opera- -234 tion of a vessel which is not equipped as required by this section 235 or modification thereof. 236 Section 5. Exemption from Numbering Provisions of this 237 Chapter. A motorboat shall not be required to be numbered

238 under this chapter if it is: —- 239 (1) Already covered by a number in full force and effect 240 which has been awarded to it pursuant to federal law or a 241 federally approved numbering system of another state; pro- -242 vided, that such boat shall not have been within this common- -243 wealth for a period in excess of ninety consecutive days. 244 (2) A motorboat from a country other than the United States 245 temporarily using the waters of this commonwealth. 246 (3) A motorboat whose owner is the United States, a state 247 or a subdivision thereof. 248 (4) A ship’s lifeboat. 249 (5) A motorboat belonging to a class of boats which has been 250 exempted from numbering by the commissioner after said 251 commissioner has found that the numbering of motorboats of 252 such class will not materially aid in their identification; and, 253 if an agency of the federal government has a numbering system 254 applicable to the class of motorboats to which the motorboat 255 in question belongs, after the commissioner has further found 256 that the motorboat would also be exempt from numbering if it 257 were subject to the federal law. 258 Section 6. Boat Liveries. (a) The owner of a boat livery 84 HOUSE —No. 2950. [June

259 shall cause to be kept a record of the name and address of the 260 person or persons hiring any vessel which is designed or per- 261 mitted by him to be operated as a motorboat; the identification 262 number thereof; and the departure date and time, and the 263 expected time of return. The record shall be preserved for at 264 least months. 265 ( b ) Neither the owner of a boat livery, nor his agent or 266 employees shall permit any motorboat or any vessel designed 267 or permitted by him to be operated as a motorboat to depart * 268 from his premises unless it shall have been provided, either by 269 owner or renter, with the equipment required pursuant to 270 section four and any rules and regulations made pursuant 271 thereto. 272 Section 7. Muffling Devices. The exhaust of every internal 273 combustion engine used on any motorboat shall be effectively 274 muffled by equipment so constructed and used as to muffle the 275 noise of the exhaust in a reasonable manner. The use of cut- 276 outs is prohibited, except for motorboats competing in a regatta 277 or boat race approved as provided in section twelve, and for 278 such motorboats while on trial runs, during a period not to 279 exceed forty-eight hours immediately preceding such regatta 280 or race and for such motorboats while competing in official 281 trials for speed records during a period not to exceed forty-eight 282 hours immediately following such regatta or race. 283 Section 8. Prohibited Operation. (a) No person shall oper- 284 ate any motorboat or vessel, or manipulate any water skis, 285 surfboard, or similar device in a reckless or negligent manner 286 so as to endanger the life, limb, or property of any person. 287 (b) No person shall operate any motorboat or vessel, or 288 manipulate any water skis, surfboard, or similar device while 289 intoxicated or under the influence of any narcotic drug, bar- 290 bituate or marijuana. 291 Section 9. Collisions, Accidents and Casualties. —■ (a) It 292 shall be the duty of the operator of a vessel involved in a colli- i 293 sion, accident or other casualty, so far as he can do so without 294 serious danger to his own vessel, crew and passengers (if any), 295 to render to other persons affected by the collision, accident or 296 other casualty to save them from or minimize any danger 297 caused by the collision, accident or other casualty, and also to 298 give his name, address and identification of his vessel in writing 1959.] HOUSE —No. 2950. 85

299 to any person injured and to the owner of any property damaged 300 in the collision, accident or other casualty. 301 (5) In the case of collision, accident or other casualty involv- -302 ing a vessel, the operator thereof, if the collision or other cas- -303 ualty results in death or injury to a person or damage to prop- -304 erty shall file with the commissioner a full description of the 305 collision, accident or other casualty, including such information 306 as said commissioner may, by regulation, require. l 307 Section 10. Transmittal of Information. —ln accordance 308 with any request duly made by an authorized official or agency 309 of the United States, any information compiled or otherwise 310 available to the commissioner pursuant to clause (6) of sec- 311 tion nine, shall be transmitted to said official or agency of the 312 United States 313 Section 11. Water Skis and Surfboards. (a) No person 314 shall operate a vessel on any waters of this commonwealth for 315 towing a person or persons on water skis, or a surfboard or 316 similar device unless there is in such vessel a person, in addi- 317 tion to the operator, in a position to observe the progress of 318 the person or persons being towed. 319 ( b) No person shall operate a vessel on any waters of this 320 commonwealth towing a person or persons on water skis, a 321 surfboard or similar device, nor shall any person engage in 322 water skiing, surfboarding or similar activity at any time be- 323 tween the hours from one hour after sunset to one hour before 324 sunrise. 325 (c) The provisions of subsections (a) and (b) of this section 326 do not apply to a performer engaged in a professional exhibi- 327 tion or a person or persons engaged in an activity authorized 328 under section twelve. 329 (d) No person shall operate or manipulate any vessel, tow 330 rope or other device by which the direction or location of water 331 skis, a surfboard or similar device may be affected or controlled » 332 in such a way as to cause the water skis, surfboard or similar 333 device, or any person thereon, to collide with or strike against 334 any object or person. 2

1 States should determine whether or not the descriptions of collisions, accidents, or other casualties should be admissable In court.

*ln some States the title of this act may have to make reference to the regulation of waterskiing, surfboarding or similar activity. 86 HOUSE — No. 2950. [June

335 Section 12. Regattas, Races, Marine Parades, Tournaments 336 or Exhibitions. (a) The commissioner may authorize the 337 holding of regattas, motorboat or other boat races, marine 338 parades, tournaments or exhibitions on any waters of the corn- 339 monwealth. He shall adopt and may, from time to time, amend 340 regulations concerning the safety of motorboats and other 341 sels and persons thereon, either observers or participants, 342 Whenever a regatta, motorboat or other boat race, marine 343 parade, tournament or exhibition is proposed to be held, the^. 344 person in charge thereof, shall, at least fifteen days prior thereto, 345 file an application with the commissioner for permission to hold 346 such regatta, motorboat or other boat race, marine parade, 147 tournament or exhibition. The application shall set forth the 348 date, time and location where it is proposed to hold such re- 349 gatta, motorboat or other boat race, marine parade, tourna- 350 ment or exhibition, and it shall not be conducted without au- 351 thorization of the commissioner in writing. 352 (b) The provisions of this section shall not exempt any per- 353 son from compliance with applicable federal law or regulation, 354 but nothing contained herein shall be construed to require the 355 securing of a state permit pursuant to this section if a permit 356 therefor has been obtained from an authorized agency of the 357 United States 358 Section 13. Local Regulation Prohibited. (a) The provi- 359 sions of this chapter, and of other applicable laws of this com- 360 monwealth shall govern the operation, equipment, numbering 361 and ail other matters relating thereto whenever any vessel 362 shall be operated on the waters of this commonwealth, or when 363 any activity regulated by this chapter shall take place thereon 364 but nothing in this chapter shall be construed to prevent the 365 adoption by cities and towns of any ordinance or by-law re 366 lating to operation and equipment of vessels the provisions of 367 which are identical to the provisions of this chapter, amend-* 368 ments thereto or regulations issued thereunder; provided, that* 369 such ordinances or local laws shall be operative only so long 370 as and to the extent that they continue to be identical to pro- 371 visions of this chapter, amendments thereto or regulations 372 issued thereunder. 373 (5) Any subdivision 1 of this commonwealth mav, at any

ates with laws requiring the publication of regulations will want to correlate this provision with such L aws 1959.] HOUSE —No. 2950. 87

374 time, but only after public notice, make formal application 375 to the commissioner for special rules and regulations with ref- 376 erence to the operation of vessels on any waters within its 377 territorial limits and shall set forth therein the reasons which 378 make such special rules or regulations necessary or appro- 379 priate. 380 (c) The commissioner is hereby authorized to make special 381 rules and regulations with reference to the operation of vessels 382 on any waters within the territorial limits of any subdivision 383 of this commonwealth. 384 Section IJ+. Owner’s Civil Liability. The owner of a vessel 385 shall be liable for any injury or damage occasioned by the negli- 386 gent operation of such vessel, whether such negligence consists 387 of a violation of the provisions of the statutes of this common- 388 wealth, or neglecting to observe such ordinary care and such 389 operation as the rules of the common law require. The owner 390 shall not be liable, however, unless such vessel is being used 391 with his or her express or implied consent. It shall be presumed 392 that such vessel is being operated with the knowledge and con- 393 sent of the owner, if at the time of the injury or damage, it is 394 under the control of his or her spouse, father, mother, brother, 395 sister, son, daughter, or other immediate member of the 396 owner’s family. Nothing contained herein shall be construed 397 to relieve any other person from any liability which he would 398 otherwise have, but nothing contained herein shall be construed 399 to authorize or permit any recovery in excess of injury or dam- 400 age actually incurred. 401 Section 15. Filing of Regulations. A copy of the regula- 402 tions adopted pursuant to this chapter, and of any amendments 403 thereto, shall be filed in the office of the commissioner and in the 404 department of the state secretary.sec Rules and regulations shall 405 be published by the commi roner m a convenient form.

406 Section 16. Enforcement. - Every peace officer 1 of this com- 1 407 monwealth and its subdivi ions shall have the authority to 408 enforce the provisions of thi; chapter and in the exercise thereof 409 shall have the authority to top and board any vessel subject 410 to this chapter. 411 Section 17. Penalties. (a) Any person who violates any 412 provision of sections two, three, four, seven, nine and twelve of

States with laws requiring the publication of regulations will want to correlate this provision wit such1 laws. 88 HOUSE —No. 2950. [June, 1959.

413 this chapter shall be guilty of a misdemeanor and shall be sub- -414 ject to a fine of not to exceed dollars for each such 415 violation. 416 (6) Any person who violates any provision of sections six 417 and eleven of this chapter shall be guilty of a misdemeanor and 418 shall be subject to a fine of not to exceed dollars for 419 each such violation. 420 (c) Any person who violates any provision of section eight 421 of this chapter shall be guilty of a misdemeanor and shall bek 422 subject to a fine of not to exceed dollars, or imprison- -423 ment for not to exceed months, or both for each viola- -424 tion.