Budget Amendment ID: FY2013-S4-399
EPS 399
Shannon Grants
Ms. Donoghue and Messrs. Finegold, McGee and Knapik and Ms. Chandler and Messrs. Brownsberger and Welch and Ms. Jehlen and Messrs. Eldridge, Joyce and Rodrigues and Ms. Clark and Messrs. Hart and DiDomenico and Ms. Chang-Diaz and Messrs. Rush, Michael O. Moore, Keenan, Donnelly, Timilty, Montigny and Kennedy and Ms. Candaras moved that the proposed new text be amended in section 2, in item 8100-0111, by striking out the figure “$6,000,000” and inserting in place thereof the following figure:- “7,000,000”
Budget Amendment ID: FY2013-S4-400-R1
Redraft EPS 400
Dismas House
Mr. Moore and Ms. Chandler moved that the proposed new text be amended in section 2, in item 8900-0001, by inserting after the word “Center”, in line 21, the following words:- “; provided further, that not less than $25,000 shall be provided for a program for ex-offenders and chronically homeless men to recover from drug and alcohol addiction while learning farm skills”.
Budget Amendment ID: FY2013-S4-401
EPS 401
University of Massachusetts Medical School Drug Lab
Mr. Michael O. Moore moved that the proposed new text be amended , in section 52, in proposed subsection (a) of section 39 of chapter 22C of the General Laws, by striking out the first sentence and inserting in place thereof the following sentence:- “The department shall, free of charge, or the University of Massachusetts Medical School shall, pursuant to section 36B of chapter 75, make a chemical analysis of any narcotic drug, any synthetic substitute for the same, any preparation containing the same, or any salt or compound thereof, and of any poison, drug, medicine or chemical when submitted to it by police authorities, as the department shall approve for this purpose; provided, however, that neither the department nor the medical school shall conduct such analysis unless it is satisfied that the analysis submitted to it is to be used in connection with the enforcement of law.”; and
in said section 52, in proposed section 39B of chapter 22C of the General Laws, by striking out the first sentence and inserting in place thereof the following sentence:- “The director of the crime laboratory within the department shall establish procedural rules and policies governing the department’s testing and analysis of drug samples and shall establish a quality assurance program for the department, which shall include proficiency standards for its laboratories and analysts responsible for performing drug testing and analysis.”
Budget Amendment ID: FY2013-S4-402-R1
Redraft EPS 402
Military Division Funding
Mr. Rush moved that the proposed new text be amended in section 2, in item 8700-0001, , by striking out the figure “$8,133,547” and inserting in place thereof the following figure:- “$8,438,924”.
Budget Amendment ID: FY2013-S4-403
EPS 403
Police Career Incentives
Mr. Rush moved that the proposed new text be amended in section 2, in item XXXX-XXXX, by inserting the following item:-
XXXX-XXXX. For police career incentives to reimburse certain cities and towns for career incentive salary increases for police officers.......50,202,122
Budget Amendment ID: FY2013-S4-404
EPS 404
Youth Sports Referees
Mr. Hedlund moved that the proposed new text be amended in Section XX by inserting, at the end therefor, the following new Section:-
SECTION XX: Section 60 of Chapter 149 of the General Laws is hereby amended by inserting, at the end thereof, the following:-
This section shall not be deemed to prohibit children ten to fourteen years of age from participating in a youth sporting event as a referee, coach or other position necessary to the sporting event; except that, this paragraph shall not include working at a concession stand. For purposes of this paragraph, “youth sporting event” means an event where all players are under the age of eighteen and the event is sponsored and supervised by a public body or a not for profit entity.
Budget Amendment ID: FY2013-S4-405-R1
Redraft EPS 405
EBT Reform
Messrs. Hedlund, Tarr, Knapik and Ross moved that the proposed new text be amended by striking section 48 and inserting in the place thereof the following sections:—
"SECTION 48A. Chapter 18 of the General laws, as amended by chapter 84 of the acts of 2011, is hereby amended by striking out sections 5I through 5J, inclusive, and inserting in place thereof the following 2 sections:-
Section 5I. (a) As used in sections 5I through 5J, inclusive, the following terms shall, unless the context clearly requires otherwise, have the following meanings:-
“Access device”, a card, code, or other means of access that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods or other things of value, or that can be used to initiate a transfer of funds under the federal Food Stamp Act, 7 U.S.C. § 2011 et seq., or regulations issued pursuant to the federal Food Stamp Act.
“Cosmetics”, includes (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such articles; provided, however, that cosmetics shall not include soap, shampoo, deodorant, toothpaste, or other personal hygiene products.
“Automatic teller machine”, a machine allowing for cash withdrawals of direct cash assistance.
“Department”, the department of transitional assistance.
“Direct cash assistance”, any manner of cash assistance provided by the department of transitional assistance, including, but not limited to, temporary aid to families with dependent children, wherein the assistance is provided directly to the recipient, rather than a vendor.
“Drinking establishment”, a business licensed to sell alcoholic beverages pursuant to chapter 138 that derives more than 50 per cent profit from the sale of alcoholic beverages.
“Electronic benefit transfer card”, a card that provides benefits through an electronic benefit transfer.
"Electronic benefit transfer”, a system for the food stamp program as an alternative to issuing food stamp coupons. An electronic benefit transfer system is a computer based system in which the benefit authorization is received through a point of sale terminal. Eligible households utilize plastic cards in lieu of food stamp coupons to purchase food items at authorized food retailers. This type of benefit may also be used to issue other types of public welfare benefits.
“Eligible recipient”, a person who meets the nonfinancial, financial and categorical requirements that the department of transitional assistance utilizes to determine, upon application or review, whether a person is entitled to direct cash assistance, barring any evidence of an outstanding default or arrest warrant issued by any court of the commonwealth.
“Immediate family”, the recipient and his spouse, and their parents, children, brothers and sisters.
“Liquor Store”, an establishment licensed to sell alcoholic beverages not to be drunk on the premises pursuant to section 15 of chapter 138 excluding any food store as defined pursuant to section 184B of chapter 94.
“Performance”, any commercially offered play, dance, concert, exhibit, including movies or simulcasts, any such entertainment at an establishment which displays live nudity for patrons as defined pursuant to section 9A of chapter 40A, or any such entertainment performed before 1or more persons, excluding performances offered by, at or through any preschool, school, college, university, public library, church or nonprofit organization.
“Performance venue”, any place at which a performance is conducted, including, but not limited to, a sports arena, stadium, ball park, race track, , or establishment which display live nudity for patrons, as defined pursuant to section 9A of chapter 40A.
“Person”, a natural person, corporation, association, partnership or other legal entity.
“Travel services”, furnishing or facilitating interstate travel for vacation or foreign travel, except in the case of the death of a family member or family emergency.
(b) (1) No person shall knowingly use or accept direct cash assistance funds held on electronic benefit transfer cards or access devices for the purchase or sale of the following services or products: (1) alcoholic beverages as defined in section 1 of chapter 138; (2) lottery tickets; (3) tobacco products as defined in section 1 of chapter 64C; (4) any visual material or performance intended to create or simulate sexual conduct or sexual excitement as those terms are defined pursuant to section 31 of chapter 272; (5) firearms or ammunition as defined in section 121 of chapter 140; (6) admission to any performances; (7) cosmetics; (8) professional services, excluding medical care, provided by any member of the bar or any person licensed pursuant to chapter 112 professional services provided by any member of the bar or any person licensed pursuant to chapter 112, but excluding health care services and services provided for haircutting or funeral or final disposition; (9) travel services; (10) services, excluding childcare services, programs at a community center or similar nonprofit facility or memberships, provided by health clubs as defined pursuant to section 78 of chapter 93; (11) tattoos for the marking of the human body or other body art or piercings; (12) jewelry; (13) for the rental of goods or real property, except for rent paid for a primary residence; (14) for the payment to the commonwealth or any political subdivision thereof of any, fee, fine or penalty, including restitution or bail or bail bonds ordered by a court; or (15) gambling as defined pursuant to section 2 of chapter 23K.
(2) No person shall knowing use an access device or automatic teller machine to access direct cash assistance funds held on electronic benefit transfer cards at: (1) liquor stores; (2) gaming establishments licensed pursuant to chapter 23K; (3) performance venues; (4) adult bookstores or adult paraphernalia stores, as defined pursuant to section 9A of chapter 40A; (5) firearms dealers licensed pursuant to section 122 of chapter 140 and ammunitions dealers licensed pursuant to section 122B of chapter 140; (6) tattoo parlors; (7) manicure shops or aesthetic shops registered pursuant to chapter 112; (8) (9) rent-to-own furniture, electronics, or appliance stores; (10) jewelry stores; (11) drinking establishments; (12) on cruise ships.
(3) No person shall permit the use of an access device or automatic teller machine to access direct cash assistance funds held on electronic benefit transfer cards at: (1) liquor stores; (2) gaming establishments licensed pursuant to chapter 23K; (3) performance venues; (4) adult bookstores or adult paraphernalia stores, as defined pursuant to section 9A of chapter 40A; (5) firearms dealers licensed pursuant to section 122 of chapter 140 and ammunitions dealers licensed pursuant to section 122B of chapter 140; (6) tattoo parlors; (7) manicure shops or aesthetic shops registered pursuant to chapter 112; (9) rent-to-own furniture, electronics, or appliance stores; (10) jewelry stores; and (11) drinking establishments; or (12) cruise ships.
(c) The following types of businesses shall not house access devices or automatic teller machines that accept electronic benefit transfer cards: (1) liquor stores; (2) gaming establishments licensed pursuant to chapter 23K; (3) performance venues; (4) adult bookstores or adult paraphernalia stores, as defined pursuant to section 9A of chapter 40A; (5) firearms dealers licensed pursuant to section 122 of chapter 140 and ammunitions dealers licensed pursuant to section 122B of chapter 140; (6) tattoo parlors; (7) manicure shops or aesthetic shops registered pursuant to chapter 112; (8) rent-to-own furniture, electronics, or appliance stores; (10) jewelry stores; and (11) drinking establishments; (12) cruise ships.
(d) Any business that offers for sale the services or products defined by subsection (b), excluding businesses defined by subsection (e), shall display in an area conspicuous to patrons a sign advising patrons of the excluded products.
The department shall develop the sign and make a downloadable form available on the department’s website. Business associations may also maintain a downloadable form of the sign on their websites.
(e) Any business identified in subsection (b), shall display in an area conspicuous to patrons a sign instructing patrons that the business is prohibited from accepting electronic benefit transfer cards.
The department shall develop the sign and make a downloadable form available on the department’s website. Business associations may also maintain a downloadable form of the sign on their websites.
(f) No person shall knowingly access, or provide access to, direct cash assistance funds held on electronic benefit transfer cards or access devices to an eligible recipient from outside the commonwealth, except for states that immediately border the commonwealth; provided, however, that the department may permit direct cash assistance funds held on electronic benefit transfer cards or access devices to an eligible recipient to be accessed outside of the commonwealth or states along its border for a family or medical emergency or other such emergency purpose as approved by the department; and provided further, that an electronic benefit transfer card or access device shall be authorized to access federal Supplemental Nutrition Assistance Program benefits in any manner authorized by federal law.
(g) Any eligible recipient of direct cash assistance who knowingly makes a purchase in violation of this section shall reimburse the department for such purchase and shall be disqualified from the direct cash assistance program for a period of 3 months for the first offense and permanently for the second offense.
(h) Any person, except an eligible recipient, who knowingly violates clause 1 of subsection (b), subsection (c) or subsection (d) of this section shall be punished by a fine of not more than $500 for the first offense, a fine of not less than $500 nor more than $1,000 for the second offense and a fine of not less than $10,000 for the third or subsequent offense.
At minimum, the department shall identify all violators on a monthly basis and direct the appropriate vendor to technologically prohibit the respective access device from accepting electronic benefit transfer cards.
(i) Any person, except an eligible recipient who knowingly violates clause 2 or clause 3 of subsection (b) shall be punished by a fine of not less than $1,000 for the first offense; not less than $3,000 for the second offense and not less than $10,000 for the third or subsequent offense.
(j) The alcoholic beverages control commission may suspend or revoke the license of any person who is found to have knowingly violated subsection (b) or subsection (c).
(k) The state lottery commission may suspend or revoke the license of any person who is found to have knowingly violated subsection (b) or subsection (c).
Section 5J (a) No person shall knowingly, transfer, acquire, alter or possess an electronic benefit transfer card or access device in any manner not authorized by the federal Food Stamp act or this chapter.
(b) No person shall present for payment or redemption an electronic benefit transfer card or access device that has been illegally received, transferred, or altered.
(c) A person who is found to have knowingly violated subsection (a) or subsection (b), if such benefits are of an aggregate value of less than $100, shall, upon the first conviction thereof, be imprisoned in a jail or house of correction for not more than 1 year or fined not more than $1,000, or both, and upon the second and any subsequent conviction thereof, shall be imprisoned in a jail or house of correction for not more than 2 1/2 years or fined not more than $1,000, or both.
A person who is found to have knowingly violated subsection (a) or subsection (b), if such benefit has an aggregate value of more than $100 but less than $5,000, shall, upon the first conviction thereof, be imprisoned in a jail or house of correction or in the state prison for not more than 3 years or be fined not more than $10,000, or both, and, upon the second and any subsequent conviction thereof, shall be imprisoned in a jail or house of correction or in the state prison for not more than 5 years or be fined not more than $10,000, or both.
A person who is found to have knowingly violated subsection (a) or subsection (b), if such benefits are of an aggregate value of $5,000 or more, shall be imprisoned in a jail or house of correction or the state prison for not more than 20 years or be fined not more than $250,000, or both.
(d) Any person who is found to have knowingly violated subsection (a) or subsection (b) shall forfeit to the commonwealth all property, real and personal, used in connection with the violation or any proceeds traceable to said violation.
The proceeds from any sale of forfeited property and any monies forfeited under this subsection shall be used by the commonwealth to reimburse the bureau of special investigations in the office of the state auditor, established under section 16 of chapter 11, or any other state or local agency for any cost incurred in the investigative effort resulting in the forfeiture.
No interest in property shall be forfeited under this subsection as the result of any act or omission established by the owner of the interest to have been committed or omitted without the knowledge or consent of the owner.
(e) The alcoholic beverages control commission may suspend or revoke the license of any person who is found to have knowingly violated subsection (a) or subsection (b).
(f) The state lottery commission may suspend or revoke the license of any person who is found to have knowingly violated subsection (a) or subsection (b).
Section 5K. Whoever embezzles, steals or obtains by fraud any funds, assets or property provided by the department and whoever receives, conceals or retains such funds, assets or property for his own interest knowing such funds, assets or property have been embezzled, stolen or obtained by fraud shall, if such funds, assets or property are of a value of $100 or more, be punished by a fine of not more than $25,000 or by imprisonment in a jail or house of correction for not more than 2 1/2 years, or imprisonment in the state prison for not more than 5 years, or both such fine and imprisonment, or if such funds, assets or property are of a value of less than $100, by a fine of not more than $1,000 or by imprisonment in a jail or house of correction for not more than 1 year, or both such fine and imprisonment.
Section 5L. The department shall charge all eligible recipients of direct cash assistance a fee of $5 for each requested replacement card. All fees for replacement cards shall be deducted directly from the recipient’s direct cash assistance.
SECTION 48B. Notwithstanding any general or special law to the contrary, the department of transitional assistance benefits in the form of vendor payments with respect to rent and utilities, whenever a determination is made that the grant has not been used in the best interests of the child or the assistance unit or other chronic misuse of benefits is occurring, provided that implementation of vendor payments will not increase the risk of homelessness, decrease the ability to escape domestic abuse or impair the assistance unit’s ability to withhold payment as a reasonable exercise of consumer or tenant rights when there is a legitimate dispute as to whether terms of an agreement have been met. The department of transitional assistance may presume mismanagement of benefits whenever shelter costs, including, but not limited to, rent, heat, fuel, utilities, have regularly not been met without reasonable cause. At eligibility determinations and redeterminations, the department shall screen households to determine if they have chronically failed to pay rent and utilities to determine if vendor payments are appropriate and shall refer households to the housing consumer education centers and community based resources for assistance in meeting their expenses.
SECTION 48C. Notwithstanding any general or special law to the contrary, the department of transitional assistance and the Massachusetts Bay Transit Authority shall coordinate to ensure that by June 30, 2013, direct cash assistance funds held on electronic benefit transfer cards be accepted for payment of public transportation fares at electronic fare vending machines.
SECTION 48D. Notwithstanding any general or special law to the contrary, there shall be an independent commission to study and report on the development of a cashless payment system in using electronic benefit transfer, or EBT, cards. The commission shall consist of the following 9 members: the commissioner of transitional assistance, or a designee, who shall serve as chair; the inspector general, or a designee; the state auditor, or a designee; 2 members of the house of representatives, 1 of whom shall be appointed by the minority leader; 2 members of the senate, 1 of whom shall be appointed by the minority leader; and 2 persons representing eligible recipients as appointed by the governor. The commission shall research, assess and develop recommendations to implement a cashless payment system and investigate and report on the feasibility of expanding the direct vendor payment system for rent and utility payments for all eligible recipients.. The commission shall hire an independent consultant to conduct the research and assist with the preparation of any recommendations. The report shall include, but shall not be limited to, the following: (1) the costs associated with and any technological improvements necessary to implement and the time frame required for the expansion; (2) the implementation of a vendor payment system for the non-cash payment of rent and utility bills for all eligible recipients of direct cash assistance; and (3) the feasibility of placing fluctuating limitations on the percentage allocated to direct cash assistance and point of sale use. The commission shall submit a final report of its findings and recommendations, together with drafts of legislation necessary to implement those recommendations, by filing the same with the clerks of the senate and house on or before December 31, 2012.
Budget Amendment ID: FY2013-S4-410
EPS 410
Assault with Bodily Fluids
Mr. Timilty moved that the proposed new text be amended by adding at the end thereof the following new Section:-
SECTION X. Section 38B of Chapter 127 of the General Laws is hereby amended in sub- section (b) by inserting after the words “house of correction,” the following new words: “trial court detention facility”;
and in sub-section (c) by inserting after the words “house of correction,” the following new words: “trial court detention facility”
Budget Amendment ID: FY2013-S4-411
EPS 411
Massachusetts Military Reservation Fire Department
Mr. Timilty moved that the proposed new text be amended by inserting at the end thereof the following new Section:-
“SECTION X. Chapter 308 of the Acts of 2008 is hereby amended by striking Section15 and inserting in place thereof the following new section:-
Section 15. Notwithstanding any general or special law to the contrary, members of the Massachusetts military reservation fire department established pursuant to section 138 of chapter 33 of the General Laws shall be deemed public employees under chapter 150E of the General Laws and may organize to negotiate the wages, hours, and conditions of their employment. This section shall not apply to the chief or deputy chief.”
Budget Amendment ID: FY2013-S4-412
EPS 412
School Bus Fire Safety
Mr. Timilty moved that the proposed new text be amended by inserting at the end thereof the following new Section:-
“SECTION X. Notwithstanding any general or special law to the contrary, the department of public safety is hereby authorized and directed to establish rules and regulations for the safety and flammability of schools buses in the commonwealth. Such rules and regulations shall, at a minimum, address the flammability of (i) plastic components contained in the engine compartment and (ii) occupant seating.
In developing said rules and regulations relative to the flammability of plastic components contained in the engine compartment, the department shall ensure that such rules and regulations:
(i) conform with the standards set forth in Underwriters Laboratories incorporated standard 94, "standard for safety of flammability of plastic materials for parts in devices and appliances testing, so-called, as that standard may be modified from time to time, and
(ii) include a requirement that the plastic components contained in an engine compartment must meet a V-0 classification in the standards.
Furthermore, in developing said rules and regulations relative to the flammability of occupant seating, the department shall ensure that any such rules and regulations conform to either of the following:
(i) the standard adopted by ASTM international designated as "ASTM E2574 - standard test method for fire testing of schools bus seat assemblies," using pass-or-fail criteria established in section X3, as the standard may be modified from time, or
(ii) standards adopted by the national congress on school transportation in the "school bus seat upholstery fire block test," as those standards may be modified from time to time, that are established in the national school transportation specifications and procedures.
The Department shall establish a process to set forth said rules and regulations, requiring that, on or after January 1, 2014, no person, school board, municipality, or government entity shall contract for school bus transportation services or purchase a new school bus that is not in compliance with the provision of this section.”
Budget Amendment ID: FY2013-S4-413
EPS 413
Bristol County Sheriff Retained Revenue
Mr. Timilty moved that the proposed new text be amended in section 2, in item 8910-8310, by striking out the figure “$8,460,000” and inserting in place thereof the following figure:- “$9,011,360”.
Budget Amendment ID: FY2013-S4-414
EPS 414
State Police Crime Laboratory
Messrs. Timilty and Michael O. Moore moved that the proposed new text be amended in section 2, in item 8000-0106, by striking out the figure “$14,911,250” and inserting in place thereof the following figure:- “$15,530,646 ”.
Budget Amendment ID: FY2013-S4-415
EPS 415
Police Fire Safety Equipment Fund
Messrs. Knapik, Hedlund, Timilty, Tarr, Ross and Michael O. Moore moved that the proposed new text be amended by adding at the end thereof, the following new section:-
SECTION XX .Section 24 of chapter 90 of the General Laws is hereby amended by inserting after the third paragraph of subparagraph (4) of paragraph (a) of subdivision (1) the following new subparagraph:-
(5) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Police Fire Safety Equipment Fund, the purpose of which shall be to make an annual disbursement to state and local law enforcement for active or passive fire suppression kits for state and municipal police cruisers to aid in the prevention of fires resulting from rear end collisions. The fund shall be administered by the Executive Office of Public Safety and Security. The state treasurer shall be the custodian of the fund and shall receive, deposit and invest all monies transmitted to him under this section in accordance with sections 34, 34A and 38 of chapter 29 in such a manner as to secure the highest rate of return available consistent with the safety of the fund, and shall credit interest and earnings on the trust fund corpus to the trust fund.
There shall be an assessment of $150 against a person who is convicted, placed on probation or granted a continuance without a finding or who otherwise pleads guilty to or admits to a finding of sufficient facts for operating a motor vehicle while under the influence of intoxicating liquor or under the influence of marihuana, narcotic drugs, depressants or stimulant substances, provided, however, that but $125 of the amount collected under this assessment shall be deposited monthly by the court with the state treasurer who shall deposit it into the Police Fire Safety Equipment Fund, and the remaining amount of the assessment shall be credited to the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason.
Allocations from the Police Fire Safety Equipment Fund shall be made to the Executive Office of Public Safety and Security, which shall administer the distribution of said funds to the Massachusetts State Police and police departments in each municipality of the commonwealth on an annual basis. Monies shall be distributed based on the projected number of new police cruisers expected to be purchased by each state or municipal police department, as demonstrated by each agency’s operating budget for that fiscal year.
Fees paid by an individual into the Police Fire Safety Equipment Fund pursuant to this section shall be in addition to, and not in lieu of, any other fee imposed by the court pursuant to this chapter or any other chapter. The administrative office of the trial court shall file a report detailing the amount of funds imposed and collected pursuant to this section to the house and senate committees on ways and means and to the victim and witness assistance board not later than August 15 of each calendar year.
Budget Amendment ID: FY2013-S4-416
EPS 416
MCI-Cedar Junction Host Community Mitigation
Mr. Timilty moved that the proposed new text be amended in section 2, in item 8900-0001, by adding at the end thereof the following:-
“provided further, that the amount allocated to the municipality housing MCI-Cedar Junction shall be not less than the amount allocated in 8900-0001 of section 2 of chapter 61 of the acts of 2007 relative to MCI-Cedar Junction”
Budget Amendment ID: FY2013-S4-417
EPS 417
Combating Gang Violence
Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0111, by inserting after the words “state police”, the following:- “unless in conjunction with a municipality under a jointly filed application”.
Budget Amendment ID: FY2013-S4-419
EPS 419
Public Safety Facility
Mr. Joyce moved that the proposed new text be amended in section 2, in item 8000-0600, By inserting the following text:
“; and provided further, that funds may be expended for a public safety facility and improvements in the town of Braintree”
Budget Amendment ID: FY2013-S4-420
EPS 420
Randolph Youth Violence Unit
Mr. Joyce moved that the proposed new text be amended in section 2, in item 8000-0600, by inserting the following: -
“; provided further, that funds shall be expended for the continuation of a youth violence and street crimes unit pursuant to item 8000-0000 of section 2 of chapter 182, of the acts of 2008”
Budget Amendment ID: FY2013-S4-421
EPS 421
Directed Patrols
Messrs. McGee and Hart moved that the proposed new text be amended in section 2, in item 8100-1001, “provided further, that not less than $1,000,000 shall be expended for the payroll costs of the state police directed patrols; provided further, that subject to appropriation communities receiving funds for directed patrols in fiscal year 2008 shall receive an equal disbursement of funds in proportion to the current appropriation in fiscal year 2013; ” and in said item by striking out the figure “$245,897,499” and inserting in place thereof the figure:- “$246,897,499”.
Budget Amendment ID: FY2013-S4-422
EPS 422
Historic Local Contract Obligation
Messrs. Timilty and DiDomenico moved that the proposed new text be amended in section 2, by inserting after item 8000-0038 the following new item:-
“8000-0040 For police career incentives to reimburse certain cities and towns for career incentive salary increases for police officers; provided, however, that regular full-time members of municipal police departments hired on or after July 1, 2012 shall not be eligible to participate in the career incentive pay program established pursuant to section 108L of chapter 41 of the General Laws; provided further, that any current regular full-time member of a municipal police department who has not enrolled in an education program for the purposes of participating in the career incentive pay program pursuant to said section 108L of said chapter 41 of the General Laws, as of October 1, 2012, shall not be eligible to participate in the career incentive pay program established pursuant to said section 108L of said chapter 41 of the General Laws; provided further, that any current regular full-time member of a municipal police department who has begun to accumulate credit hours pursuant to said section 108L of said chapter 41 of the General Laws as of October 1, 2012 shall be allowed to accumulate the maximum number of credit hours for any eligible degree permitted pursuant to said section 108L of said chapter 41 of the General Laws; provided further, that any current regular full-time member of a municipal police department on active duty in the armed forces of the United States in any theater of operations from July 1, 2011 through September 1, 2012 who enrolls in an education program for the purposes of participating in the career incentive pay program pursuant to said section 108L of said chapter 41 no later than 4 months from the date of his return from active duty shall be allowed to accumulate the maximum number of credit hours for any eligible degree permitted pursuant to said section 108L of said chapter 41; and provided further, that any permanent employee of a municipal police department appointed prior to October 1, 2012 and separated from employment pursuant to section 39 of chapter 31 of the General Laws may enroll in an education program for the purposes of participating in the career incentive pay program pursuant to said section 108L of said chapter 41 no later than 4 months from the date of his reinstatement ..................................... $5,000,000”
Budget Amendment ID: FY2013-S4-423
EPS 423
Improved Public Safety Through Local Aid
Mr. Timilty moved that the proposed new text be amended by adding at the end thereof the following new Section:-
SECTION X. Section 108L of Chapter 41 as it appears in the 2008 official edition is hereby amended in line 33 by inserting after the word “education” the following new words: “the the unrestricted general government aid section of the budget.”
Budget Amendment ID: FY2013-S4-424
EPS 424
DNA COLLECTION COST ANALYSIS
Mr. Tarr moved that the proposed new text be amended by inserting, after section ___, the following new sections:-
“SECTION__. Notwithstanding any general or special law to the contrary, the executive office of public safety and security shall conduct a comprehensive analysis of the costs and benefits of collecting DNA evidence following the arraignment of those charged with felonies in the commonwealth. Said analysis shall include but not be limited to the necessity and costs of safeguards to protect the rights of those from whom DNA evidence is collected, particular situations in which such collection is not warranted or necessary to protect public safety, the costs requisite in collecting such evidence, and the benefits of possessing such evidence for the purposes of convicting those guilty of crimes, and exculpating the innocent of criminal changes in the judicial process.
SECTION__. The findings of said study, together with any recommendations for legislative changes, shall be filed with the clerks of the house and senate and the joint committee on the judiciary not later than six months following the passage of this act.”
Budget Amendment ID: FY2013-S4-427
EPS 427
Prison Mitigation
Messrs. Ross and Pacheco moved that the proposed new text be amended in section 2, in item 8900-0001, Mr. Ross moves to amend the bill (Senate No. 4), in section 2, in item 8900-0001, in line 23, by inserting, after the words “Hampden sheriff’s department” the following words:-
“and provided further, that the department shall expend not less than $1,010,500 for cities and towns hosting facilities”.
Budget Amendment ID: FY2013-S4-428
EPS 428
Bay State Correctional Center
Mr. Ross moved that the proposed new text be amended in section 2, in item 8900-0001, Mr. Ross moves to amend the bill (Senate No. 4), in section 2, in item 8900-0001, in line 21, by inserting, after the words “Women’s Correctional Center” the following words:-
“; provided further, that the department shall expend no more than $192,000 to the municipality hosting the Bay State Correctional Center;”.
Budget Amendment ID: FY2013-S4-429
EPS 429
Information Technology Services
Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-1700, by striking out the figure "19,396,655" and inserting in place thereof the following figure:- "20,396,655".
Budget Amendment ID: FY2013-S4-430
EPS 430
by adding at the end thereof the following:
Mr. Montigny moved that the proposed new text be amended in section 2, in item 2330-0100, by adding at the end thereof the following:
“provided further, that not less than $50,000 shall be expended for the Fisherman Safety Training in New Bedford.”
Budget Amendment ID: FY2013-S4-431
EPS 431
Barnstable Sheriff
Mr. Wolf moved that the proposed new text be amended in section 2, in item 8910-8200, by striking out the figure “$22,757,152” and inserting in place thereof the figure “$24,217,609".
Budget Amendment ID: FY2013-S4-432
EPS 432
Dispute Resolution Services
Mr. Welch moved that the proposed new text be amended by inserting in section 2 after item 8910-2222 the following item:-
“8910-XXXX. For Dispute Resolution Services, Inc. of Springfield to provide community mediation services to ex-offenders as an outlet for conflict resolution once they return to the community, provide general community mediation services to the residents of Hampden County to prevent everyday conflict escalation that would require police, court and potentially corrections interventions and involvement, additional service would include training for correctional officers and other staff members as requested in mediation and conflict resolution techniques to effectively address daily conflicts...................................$68,000”.
Budget Amendment ID: FY2013-S4-433
EPS 433
Drug Trafficking Registry
Messrs. Ross, Knapik and Tarr moved that the proposed new text be amended Mr. Ross moves to amend the bill (Senate No. 4) by inserting, after SECTION XX, the following new section:-
“SECTION XX. Chapter 94C of the General Laws, as so appearing, is hereby amended by adding after section 32E the following new section:-
‘Section 32E½. (1) Drug Trafficking Registry.
(a) As used in this section, the following term shall have the following meaning:
“Drug trafficker” means a person who has been convicted of a violation of chapter 94C section 32 subsection (a), or chapter 94C section 32E subsection (b), or chapter 94C section 32E subsection (c).
(b) There shall be, in the Massachusetts bureau of investigation, a drug trafficking registry for the purpose of identifying drug traffickers and making that information available to law enforcement and the general public. Said registry shall be supervised and maintained by said bureau in conjunction with the department of public health. For every person convicted of chapter 94C section 32 subsection (a), or chapter 94C section 32E subsection (b), or chapter 94C section 32E subsection (c) on or after the effective date of this Act, the drug trafficking registry shall contain information relating to each drug trafficker. The information shall include the drug trafficker’s name, date of birth, photograph, offense or offenses requiring inclusion in the drug trafficking registry, the conviction date and county of each such offense, and such other identifying information as the Massachusetts bureau of investigation and department of public health deem necessary to identify the drug trafficker, but shall not include the social security number of the drug trafficker.
(c) The Massachusetts bureau of investigation shall make the information contained in the statewide drug trafficking registry accessible on the Internet by means of a hyperlink labeled “Drug Trafficking Registry” on the department of public safety’s World Wide Web home page. The Massachusetts bureau of investigation shall update that information as it deems necessary.
(d) The Massachusetts bureau of investigation shall promulgate rules and regulations setting forth the procedures and methods for implementing this section and those rules and regulations must include procedures to ensure that the information in the registry is accurate, and that the information in the registry reflects any changes based on the reversal of a conviction for an offense requiring inclusion in the drug trafficking registry, or a court order requiring the sealing or expungement of records relating to the offense. A certified copy of such an order shall be deemed prima facie true and correct and, shall be sufficient to require the immediate amendment or removal of any person’s information from the drug trafficking registry by the Massachusetts bureau of investigation.
(e) Within 60 days after the effective date of this Act, the court clerks shall forward monthly to the Massachusetts bureau of investigation a copy of the judgment for each and all persons convicted of an offense within the definition of drug trafficker, as defined in subsection (a) during the previous month.
(f) Within 120 days after the effective date of this Act, the department of corrections shall forward to the Massachusetts bureau of investigation a list of all persons incarcerated or on mandatory supervised release, who have been convicted of an offense within the definition of drug trafficker, as defined in subsection (a).
(g) Police officials and other public employees acting in good faith shall not be liable in a civil or criminal proceeding for any publication on the Internet under subsection (c) or other dissemination of drug trafficking registry information.
(h) The Massachusetts bureau of investigation shall remove from the registry the name and other identifying information of persons who are convicted of a violation of the offenses described in subsection (b) seven (7) years after the date of the most recent judgment.’”
Budget Amendment ID: FY2013-S4-434
EPS 434
Drug Trafficking Registry Study
Messrs. Ross, Knapik and Tarr moved that the proposed new text be amended Mr. Ross moves to amend the bill (Senate, No. 4) by inserting, after SECTION XX, the following new section:-
“SECTION XX. Notwithstanding any general or special law to the contrary, a commission shall be established to study the effectiveness of a statewide registry of persons convicted for knowingly or intentionally manufacturing, distributing, dispensing, or possessing with the intent to distribute or dispense a controlled substance as defined by section 31 of chapter 94C of the General Laws, for use by the general public. The goal of the commission shall be to review current policies and methods of tracking such convicted persons, the role of such convicted persons in other crimes, and to examine the potential impacts to public safety of a statewide registry, accessible by the public. The commission shall make a full report to the legislature with recommendations for legislation to create a registry of those convicted for knowingly or intentionally distributing or dispensing controlled substances, or improve the tracking of known persons who knowingly or intentionally distribute or dispense controlled substances. The commission shall consist of the secretary of public safety and security, or his designee; the commissioner of the department of public safety, or his designee; the superintendent of the state police, or his designee; 2 members of the house of representatives that are chosen by the speaker; the house minority leader, or designee; 2 members of the senate, chosen by the senate president; the senate minority leader, or designee; and 1 member chosen by the governor. Said commission shall determine the scope of the crime that may dictate who shall be included on the registry and what information shall be included on the registry. Said commission shall submit said report back to the legislature with findings and recommendations for legislation on or before December 31, 2013."
Budget Amendment ID: FY2013-S4-436
EPS 436
Cigarette Safety Standards
Messrs. Knapik and Tarr moved that the proposed new text be amended by adding at the end thereof, the following new section:-
Section XX. Notwithstanding any general or special law to the contrary, the Office of the State Fire Marshal shall review and make recommendations relative to the safety of “roll-your-own” cigarettes pursuant to 501 CMR 14:00.
The department shall report its findings, recommendations, and any proposed legislation to the house and senate committees on ways and means and the house and senate committees on public safety and homeland security on or before April 1, 2013.
Budget Amendment ID: FY2013-S4-437
EPS 437
Dept of Corrections re-entry
Ms. Creem and Mr. Michael O. Moore and Ms. Jehlen moved that the proposed new text be amended in section 2, in item 8900-1100, by striking out the figure “$550,139” and inserting in place thereof the following figure:- “$2,000,000”
Budget Amendment ID: FY2013-S4-438-R1
Redraft EPS 438
Prison Mitigation
Ms. Flanagan and Messrs. Eldridge, Timilty, Pacheco and Ross moved that the proposed new text be amended in section 2, in item 8900-0001, by adding the following words:- “; provided further, that the department shall expend not less than $2,000,000 for cities and towns hosting department of correction facilities; provided further, that of the $2,000,000 no city or town hosting a department of correction facility shall receive more than $800,000; and provided further, that of the $2,000,000 no city or town hosting a department of correction facility shall receive less than the amount allocated in item 8900-0001 of section 2 of chapter 68 of the acts of 2011”; and
In said section 2 in said item 8900-0001 by striking out the figure “$540,763,132” and inserting in place thereof the following figure:- “$542,763,132”.
Budget Amendment ID: FY2013-S4-439
EPS 439
DPH Drug Lab Transfer
Mr. DiDomenico moved that the proposed new text be amended in outside section 145, by inserting the following language in Line 2018, after the words “so transferred”:-
“If any collective bargaining agreement pertaining to the transferred employees contains a conflict between matters which are within the scope of negotiations pursuant to section six of chapter 150E of the general laws and any general or special law pertaining to appointment, transfer or removal of any so transferred employee or employees who meet the definition of “employee” or “public employee” as defined in section one of chapter 150E the terms of collective bargaining agreement shall apply.”
Budget Amendment ID: FY2013-S4-440
EPS 440
Programs for Incarcerated Mothers
Ms. Chang-Diaz and Mr. Brownsberger moved that the proposed new text be amended in section 2, in item 8900-0001, by inserting, after the words “all prisoners confined in each prison operated by the department,” the following words:- “; provided further, that the amount allocated for programs for incarcerated mothers in item 8900-0001 of section 2 of Chapter 131 of the Acts of 2010 shall be allocated to the program in fiscal year 2013”
Budget Amendment ID: FY2013-S4-442-R1
Redraft EPS 442
Minimum Retirement Allowance for Widows
Messrs. Donnelly, Joyce and Knapik moved that the proposed new text be amended by inserting after section 56 the following 3sections:-
SECTION 56A. Section 101 of chapter 32 of the General Laws, as amended by chapter 131 of the acts of 2010, is hereby further amended by inserting after the figure “$9,000,”, in line 10, the following words:- or in a retirement system accepting the supplemental annual allowance provided in the third paragraph of this section, $12,000,.
SECTION 56B. The second paragraph of said section 101 of said chapter 32, as so appearing, is hereby amended by striking out the fourth sentence.
SECTION 56C. Said section 101 of said chapter 32, as so appearing, is hereby further amended by adding the following paragraph:-
Any retirement system may accept the supplemental annual allowance, provided for by this paragraph and fixed at the rate of $12,000, by a majority vote of the board of each such system, subject to the approval of the legislative body. Acceptance shall be deemed to have occurred upon the filing of a certification of such votes with the commission. For purposes of this section, the state teachers’ and state employees’ retirement systems shall be deemed to have accepted this paragraph.
Budget Amendment ID: FY2013-S4-443-R1
Redraft EPS 443
Fire Chiefs Association of Plymouth County Grant Match
Messrs. Keenan, Hedlund, Pacheco and Joyce moved that the proposed new text be amended in section 2, in item 8324-0000, by adding after the words “57 per cent;” the following words:- “provided further, that not less than $200,000 be expended for the purpose of funding a 20 per cent regional grant match for the Fire Chiefs Association of Plymouth County to develop and upgrade the emergency radio communications system in Plymouth County;”
and by inserting the following words:- “provided further, that 100 per cent of the amount appropriated in this item for the matching grant for the development and upgrade of the emergency radio communications system shall be assessed upon insurance companies writing fire, homeowners’ multiple peril or commercial multiple peril policies on property situated in the commonwealth and paid within 30 days after receipt of notice of such assessment from the commissioner of insurance;”
and by striking the figure “$17,388,773” and inserting in place thereof the following figure:- “$17,588,733”
Budget Amendment ID: FY2013-S4-444
EPS 444
Hazardous Material Response
Mr. Keenan moved that the proposed new text be amended in section 2, in item 8324-0000, by inserting after the words "57 per cent" the following:- "; provided further, that $100,000 shall be provided for the Quincy fire department hazardous material response team"; and in said item by striking out the figure "$17,388,773" and inserting in place thereof the figures "$17,488,773".
Budget Amendment ID: FY2013-S4-445-R1
Redraft EPS 445
Jail Diversion Community Safety Initiative
Mr. Keenan and Ms. Donoghue moved that the proposed new text be amended in section 2, in item 8200-0200, by inserting after item 8000-1700 the following item:-
“8000-XXXX For a competitive grant program to be known as the Jail Diversion Community Safety Initiative, to be administered by the executive office of public safety and security, in collaboration with the department of mental health; provided, that funds shall be expended for grants to reduce arrests of people in mental health crisis by improving police response and fostering access to emergency service programs; provided further, that within the initiative, priority shall be given to applications that emphasize training of municipal police departments in developing skilled personnel with intensive training in de-escalation techniques; provided further, that the executive office of public safety shall solicit proposals from: (i) individual communities or police departments; (ii) clusters of municipalities or police departments; (iii) communities or police departments in partnership with nonprofit organizations; and (iv) other related agencies seeking to collaborate with local public safety officials with the intent of delivering such training or services; provided further, that the grants shall only be awarded to sponsors who can demonstrate their intent to: (a) support regional, multidisciplinary approaches to promote access to mental health treatment rather than arrest or jail; and (b) provide resources to communities to develop programs for prevention and intervention and technical assistance and information to support local planning and training efforts; provided further, that the department shall select grantees for the program authorized by this item not later than March 1, 2013; provided further, that the secretary of public safety and security, in collaboration with the department of mental health shall distribute grant funds through a competitive grant program that requires all applicants to incorporate proven techniques for approaching emotional disturbance calls and working with emergency service programs that combine the best practices from community policing and tested mental health training programs such as crisis intervention teams, mental health first aid and the Massachusetts Mental Health Diversion & Integration Program; provided further, that such funds shall be considered 1-time grants awarded to public agencies and shall not annualize into fiscal year 2014 or subsequent fiscal years; provided further, that administrative costs for successful grant applications shall not exceed 3 per cent of the value of the grant; provided further, that no grants shall be awarded to the department of state police; provided further, that no grant funds shall be expended on food or beverages; provided further, that the executive office of public safety and security, in collaboration with the department of mental health, shall publish guidelines and an application process for the competitive portion of the grant program not later than October 15, 2012; and provided further, that awards shall be made to applicants not later than February 15, 2013……$250,000”
Budget Amendment ID: FY2013-S4-446
EPS 446
Norfolk County Sheriff's Office reimbursement
Messrs. Keenan, Rush and Joyce moved that the proposed new text be amended in section 2, in item 8910-8610, by striking out after the words "not to exceed" the figure “$1,116,000" and inserting in place thereof the following figure:- “$2,500,000”, and in said item by striking out the figure “$1,116,000” and inserting in place thereof the following figure:- “$2,500,000”.
Budget Amendment ID: FY2013-S4-447
EPS 447
Public Safety Positions
Ms. Candaras and Mr. Welch moved that the proposed new text be amended in section 2, in item 8000-0600, Ms. Candaras moved that the bill be amended in Section 2, item 8000-0600, by inserting the following:-
“;a grant program for $1,000,000 shall be established to provide funding to retain municipal public safety positions for municipalities that experienced decreased property valuations and associated lost property tax revenue as a result of a federally declared disaster in calendar year 2011.”
Budget Amendment ID: FY2013-S4-448
EPS 448
Public Safety Facility
Mr. Keenan moved that the proposed new text be amended in section 2, in item 8000-0600, by inserting after the word "reimbursements” the following words:- "; provided further, that not less than $50,000 shall be expended for public safety improvements in the town of Braintree” and in said item by striking out the figures "2,196,720" and inserting in place thereof the figures "2,246,720".
Budget Amendment ID: FY2013-S4-449
EPS 449
Standardization of Deputy Sheriffs' Identification Cards
Messrs. Keenan, Rush, Donnelly and Michael O. Moore moved that the proposed new text be amended by adding the following section:
"SECTION XXXX. Chapter 37 of the General Laws, as so appearing, is hereby
amended by adding the following section:--
Section 26. The sheriff shall issue to every full-time deputy employed
by the sheriff an identification card bearing the deputy's photograph
and identifying information. The secretary of public safety and security
may adopt regulations relative to the form, content and issuance of
identification cards and to the carrying thereof by deputies".
Budget Amendment ID: FY2013-S4-450-R2
2nd Redraft EPS 450
Milton Directed Patrols
Mr. Joyce moved that the proposed new text be amended in section 2, in item 8000-0600, By inserting the following:-
“provided further, that funds may be expended to provide additional Milton Police patrols for the Tucker School neighborhood in the Town of Milton; and provided further, that funds may be expended to provide additional Randolph Police patrols in the Town of Randolph”
Budget Amendment ID: FY2013-S4-451
EPS 451
Massachusetts Sheriffs’ Association
Messrs. Kennedy and Rush and Ms. Chandler and Mr. Donnelly and Ms. Candaras moved that the proposed new text be amended in section 2, in item 8910-7100, Mr. Kennedy moved that the bill be amended, in Section 2, by striking out in line item 8910-7100, the following words:-
"which may expend for its operation an amount not to exceed $344,790 in revenue collected from voluntary contributions from all sheriffs.".