Consolidated Amendment "J" to H3400
Judiciary and Public Safety
Public Safety Consolidated Amendment
Fiscal Note: $22,848,237
Amendment 431 has been re-categorized from Transportation.
Amendment 453 has been re-categorized from Legislation, Non-Budgetary.
Amendments from the Judiciary and Public Safety: 3, 19, 29, 46, 50, 55, 56, 64, 66, 81, 120, 135, 137, 154, 167, 179, 188, 189, 195, 201, 213, 219, 222, 224, 225, 226, 228, 232, 244, 246, 255, 256, 257, 258, 264, 324, 334, 337, 343, 351, 372, 373, 375, 414, 431, 437, 443, 452, 453, 470, 475, 476, 485, 515, 525, 536, 545, 551, 560, 575, 610, 612, 615, 616, 617, 642, 654, 655, 671, 692, 694, 695, 715, 716, 724, 727, 731, 747, 752, 758, 759, 765, 767, 768, 784, 787, 791, 803, 823, 826, 849, 855, 858, 861, 870, 882
Mr. Dempsey of Haverhill and others move to amend H.3400 in section 2, in item 0320-0003, by striking out the figure “$8,099,394” and inserting in place thereof the following figure:- $8,163,810;
And further amend said section 2, in item 0320-0010, by striking out the figure “$1,378,786” and inserting in place thereof the following figure:- $1,400,797;
And further amend said section 2, in item 0322-0100, by striking out the figure “$11,797,500” and inserting in place thereof the following figure:- $12,017,899;
And further amend said section 2, in item 0330-0101, by striking out the figure “$47,517,762” and inserting in place thereof the following figure:- $50,090,529;
And further amend said section 2, in item 0331-0100, by striking out the figure “$29,406,246” and inserting in place thereof the following figure:- $29,971,606;
And further amend said section 2, in item 0332-0100, by striking out the figure “$59,821,946” and inserting in place thereof the following figure;- $60,926,072;
And further amend said section 2, in item 0333-0002, by striking out the figure “$27,679,433” and inserting in place thereof the following figure:- $28,021,197;
And further amend said section 2, in item 0334-0001, by striking out the figure “$3,403,309” and inserting in place thereof the following figure:- $3,419,473;
And further amend said section 2, in item 0335-0001, by striking out the figure “$12,499,076” and inserting in place thereof the following figure:- $12,834,050;
And further amend said section 2, in item 0336-0002, by striking out the figure “$7,243,210” and inserting in place thereof the following figure:- $7,328,000;
And further amend said section 2, in item 0337-0002, by striking out the figure “$16,823,514” and inserting in place thereof the following figure:- $17,497,583;
And further amend said section 2, in item 0321-0100, by striking out the figure “$1,082,291” and inserting in place thereof the following figure:- $1,142,291;
And further amend said section 2, in item 0321-1600, by striking out the figure “$11,000,000” and inserting in place thereof the following figure:- $13,000,000;
And further amend said section 2, in item 0321-2000, by striking out the figure “$806,117” and inserting in place thereof the following figure:- $855,117;
And further amend said section 2, in item 0330-0300, by inserting after the words “court of the commonwealth” the following:- ; provided further, that not less than $30,000 shall be spent for the “Grandparents Raising Grandchildren Project” to provide legal services to such grandparents in the areas of family law and public benefits, and further requiring the chief justice of administration and management to make a report to the General Court on or before January 1, 2014, of all grandparents who requested legal services, their eligibility for such services and whether or not they were denied due to insufficient resources, including the legal problem for which they sought assistance;
And further amend said item by striking out the figure “$213,842,717" and inserting in place thereof the following figure:- $219,842,717;
And further amend said section 2, in item 0337-0002, by inserting after the word “department” the following:- provided, that in fiscal year 2014 the department shall not reduce the amount allocated to the CASA programs as appearing in items 0337-0300, 0337-0400, 0337-0600, 0337-0700 of section 2 of chapter 182 of the acts of 2008 by more than 5 per cent;
And further amend said section 2, in item 0612-0105, by striking out the figure “$200,000” and inserting in place thereof the following figure:- $300,000;
And further amend said section 2, in item 8000-0105, by striking out the figure “$7,458,785” and inserting in place thereof the following figure:- $7,493,682;
And further amend said section 2, in item 8000-0106, by inserting after the words “Forensic Sciences Advisory Board” the following:- ; provided further, that the department of state police shall maintain a state police crime laboratory in either Hampshire or Hampden County; provided further, that any state police crime laboratories experiencing temporary closures shall qualify as an operating crime laboratory;
And further amend said section 2, in item 8000-0122, by striking out the figure “$2,500,000” and inserting in place there of the following figure:- $2,570,000;
And further amend said section 2, in item 8000-0600, by inserting after the words “receive the reimbursements” the following:- ; provided further; that not less than $100,000 shall be expended to the town of Braintree for public safety improvements; and provided further, that the amount allocated in fiscal year 2013 for the commission created under section 189 of chapter 68 of the acts of 2011 shall be expended in fiscal year 2014;
And further amend said section 2, in item 8000-0600, by striking out the figure “$1,972,230” and inserting in place thereof the figure:- $2,147,230;
And further amend said section 2, in item 8100-0111, by inserting after the words “distribution of said funds” the following:- ; provided further, that funds allocated to this item shall not be used for police or law-enforcement overtime pay;
And further amend said section 2, in item 8100-0111, by striking out the figure “$2,000,000” and inserting in place thereof the following figure:- $4,500,000;
And further amend said section 2, in item 8100-1001, by inserting after the words “cases of criminal abuse” the following:- ; 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 2014; provided further, that no less than $200,000 shall be expended for Operation Cutone;
And further amend said section 2, in item 8100-1001, by striking out the figure “$246,464,660” and inserting in place thereof the following figure:- $247,664,660;
And further amend said section 2, in item 8200-0200, by inserting after words “charged to item 8200-0222” the following:- ; provided further, that towns in Worcester County hosting municipal police training academies shall not receive less than the amount appropriated in section 2 of chapter 68 of the acts of 2011;
And further amend said section 2, in item 8200-0200, by striking out the figure “$2,506,927” and inserting in place thereof the following figure:- $3,031,927;
And further amend said section 2 by striking out item 8200-0222 and inserting in place thereof the following item:-
8200-0222 For the municipal police training committee, which may collect and expend an amount not to exceed $1,200,000 to provide training to new recruits; provided, that the committee shall charge $3,000 per recruit for the training; provided further, that notwithstanding any general or special law to the contrary, the committee shall charge a fee of $3,000 per person for training programs operated by the committee for all persons who begin training on or after July 1, 2013; provided further, that the fee shall be retained and expended by the committee; provided further, that the trainee or, if the trainee is a recruit, the municipality in which the recruit shall serve, shall provide the fee in full to the committee not later than the first day of orientation for the program in which such trainee or recruit has enrolled; provided further, that no recruit or person shall begin training unless the municipality or the person has provided the fee in full to the committee; provided further, that for recruits of municipalities, upon the completion of the program, the municipality shall deduct the fee from the recruit’s wages in 23 equal monthly installments, unless otherwise negotiated between the recruit and the municipality in which the recruit shall serve; provided further, that if a recruit withdraws from the training program before graduation, the committee shall refund the municipality in which the recruit was to have served a portion of the fee according to the following schedule: if a recruit withdraws from the program before the start of week 2, 75 per cent of the payment shall be refunded; if a recruit withdraws from the program after the start of week 2 but before the start of week 3, 50 per cent of the fee shall be refunded; if a recruit withdraws from the program after the start of week 3 but before the start of week 4, 25 per cent of the fee shall be refunded; if a recruit withdraws after the start of week 4, the fee shall not be refunded; provided further, that a recruit who withdraws from the program shall pay the municipality in which the recruit was to have served the difference between the fee and the amount forfeited by the municipality according to the schedule; provided further, that the schedule shall also apply to trainees other than recruits who enroll in the program; provided further, that no expenditures shall be charged to this item that are not directly related to new recruit training; provided further, that no expenditures shall be charged to this item that are related to chief, veteran, in-service or reserve training, or any training not directly related to new recruits; provided further, that the committee shall submit a report on the status of recruit training, including the number of classes, start and end dates of each class, total number of recruits enrolled and graduating in each class, cost per recruit and cost per class for fiscal years 2013 and 2014; provided further, that the report shall be submitted to the house and senate committees on ways and means not later than January 3, 2014; and provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the committee may incur expenses and the comptroller may certify for payments not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system……..$1,200,000;
And further amend said section 2, in item 8311-1000, by inserting after the words “inspections are conducted” the following:- ; provided further, that the board of building regulations and standards shall expend funds from this item for the purpose of providing for the limited use of first-class mail to send construction supervisor license notifications to those who are unable to access notifications via e-mail;
And further amend said section 2 by striking out item 8324-0000 and inserting in place thereof the following item:-
8324-0000 For the administration of the department of fire services, including the state fire marshal's office, the hazardous materials emergency response program, the board of fire prevention regulations established under section 4 of chapter 22D of the General Laws, the expenses of the fire safety commission and the Massachusetts firefighting academy, including the Massachusetts fire training council certification program, municipal and non-municipal fire training and expenses of the council; provided, that the fire training program shall use the split days option; provided further, that $1,200,000 shall be allocated by the department for the Student Awareness Fire Education program; provided further, that the amount allocated for the regional dispatch center listed in item 8324-0000 of section 2 of chapter 182 of the acts of 2008 shall be allocated in fiscal year 2014; provided further, that the amount allocated for critical incident stress intervention programs listed in item 8324-0000 of section 2 of chapter 182 of the acts of 2008 shall be allocated to each program in fiscal year 2014; provided further, that the amount allocated for critical incident stress management residential services in item 8000-0000 of said section 2 of said chapter 182 shall be allocated to the program in fiscal year 2014; provided further, that the amount allocated for hazardous material response teams specifically listed in item 8324-0000 of said section 2 of said chapter 182 shall be allocated to each program in fiscal year 2014 and shall not be reduced by more than 57 percent; provided further, that $50,000 shall be provided for the city of Quincy fire department hazardous material response team; provided further, that 100 percent of the amount appropriated in this item for the administration of the department of fire services, the state fire marshal's office, critical incident stress programs, the Massachusetts fire department training academies, the regional dispatch center and the associated fringe benefits costs of personnel paid from this item for these purposes, 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 provided further, that 100 per cent of the amount appropriated in this item for hazardous materials emergency response shall be assessed upon insurance companies writing commercial multiple peril, non-liability portion policies on property situated in the commonwealth and commercial auto liability policies as referenced in line 5.1 and line 19.4, respectively, in the most recent annual statement on file with the commissioner of insurance; provided further, that not less than $35,000 shall be expended for the firefighting equipment grant program for the Hadley Fire Department; provided further, that not less than $45,000 shall be expended for a regional fire grant for the Millis Fire Department; and provided further, that not more than 10 percent of the amount designated for the arson prevention program shall be expended for the administrative cost of the program.…$17,431,367;
And further amend said section 2, in item 8700-1150, by inserting after the words “33 of the General Laws;” the following:- “and provided further, that reimbursements of the costs of Massachusetts veterans’ tuition and fee waivers under section 19 of chapter 15A shall include the costs of online courses offered at the state public institutions of higher education”
And further amend said section 2 by striking out item 8900-0001 and inserting in place thereof the following item:-
8900-0001 For the operation of the commonwealth's department of correction; provided, that all correctional facilities that were active in fiscal year 2013 shall remain open in fiscal year 2014; provided further, that the commissioner of correction and the secretary of public safety and security shall report to the house and senate committees on ways and means and the joint committee on public safety and homeland security on or before January 1, 2014, the point score compiled by the department of correction's objective classification system for all prisoners confined in each prison operated by the department; provided further, that for the purpose of maximizing bed capacity and re-entry capability throughout the commonwealth, the department shall submit quarterly reports, utilizing standardized reporting definitions developed mutually with the Massachusetts Sheriffs Association, on caseload, admissions, classification, releases and recidivism of all pretrial, sentenced and federal inmates; provided further, that the department shall submit these reports on a quarterly basis starting July 1, 2013, due not later than 30 days after the last day of each quarter; provided further, that the department shall also report, in a format developed jointly by the Massachusetts Sheriffs Association and the department, on the fiscal year 2012 and fiscal year 2013 total costs per inmate by facility and security level on or before October 1, 2013; provided further, that the department shall submit all reports to the executive office for administration and finance, the house and senate committees on ways and means and the joint committee on public safety and homeland security; 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 2014; provided further, that $200,000 shall be expended for a pilot program to provide opiate and substance abuse services in cooperation with the Greater Lowell Health Alliance; provided further, that the department of correction may expend $412,000 for the operation of the Western Massachusetts Regional Women's Correctional Center; 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 such $2,000,000, no city or town hosting a department of correction facility shall receive more than $800,000; provided further, that of such $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; provided further, that the department of correction shall submit to the house and senate committees on ways and means on or before December 6, 2013, a report on the undue costs to cities and towns hosting department of correction facilities; provided further, that the amount allocated for the Dismas House in Worcester in item 8900-0001 of section 2 of chapter 182 of the acts of 2008 shall be expended for the program in fiscal year 2014; provided further, no less than $68,000 shall be expended for Dispute Resolutions Services, Inc. of Springfield; and provided further, that the department of correction may expend $412,000 to transfer male inmates with less than 2 years left on their sentence to the Hampden sheriff's department…..$547,837,917;
And further amend said section 2, in item 8910-1101, by striking out the words “and (d) the estimated and projected cost-savings in fiscal year 2014 to the sheriffs’ offices and the department of correction associated with the regional units” and inserting in place thereof the following:- (d) the estimated and projected cost-savings in fiscal year 2014 to the sheriffs’ offices and the department of correction associated with the regional units; and (e) the deficiencies in addressing the needs of incarcerated women to include pretrial place and facilities;
And further amend the bill by inserting after section 32, the following section:-
SECTION 32A. Subsection (d) of section 2C of Chapter 64C of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, the second sentence and inserting in its place thereof, the following sentence:-
Such fund shall consist of all certification fees submitted by manufacturers and shall, in addition to any other monies made available for such purpose, be expended by the secretary, without further appropriation, and shall be used to support state processing, testing, enforcement, and oversight activities related to implementation of sections 2B to 2F, inclusive and for a senior awareness of fire education program which shall include, education about the risk of fire to seniors and the purchase of safety devices for the benefit of at risk seniors;
And further amend the bill by inserting after section 53 the following 21 sections:-
SECTION 53A. Section 22 of chapter 211 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 1, the figure “$151,239” and inserting in place thereof the following figure:- $166,239.
SECTION 53B. Section 22 of chapter 211 of the General Laws is hereby amended by striking out the figure “$166,239”, inserted by section 53A, and inserting in place thereof the following figure:- $176,239.
SECTION 53C. Said section 22 of chapter 211 of the General Laws is hereby further amended by striking out the figure “$176,239”, inserted by section 53B, and inserting in place thereof the following figure:- $181,239.
SECTION 53D. Section 22 of chapter 211 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 2, the figure “$145,984” and inserting in place thereof the following figure:- $160,984.
SECTION 53E. Section 22 of chapter 211 of the General Laws is hereby amended by striking out the figure “$160,984”, inserted by section 53D, and inserting in place thereof the following figure:- $170,984.
SECTION 53F. Section 22 of chapter 211 of the General Laws is hereby amended by striking out the figure “$170,984”, inserted by section 53E, and inserting in place thereof the following figure:- $175,984.
SECTION 53H. Section 2 of chapter 211A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 1, the figure “$140,358” and inserting in place thereof the following figure:- $155,358.
SECTION 53I. Section 2 of chapter 211A of the General Laws is hereby amended by striking out the figure “$155,358”, inserted by section 53H, and inserting in place thereof the following figure:- $165,358.
SECTION 53J. Section 2 of chapter 211A of the General Laws is hereby amended by striking out the figure “$165,358”, inserted by section 53I, and inserting in place thereof the following figure:- $170,358.
SECTION 53K. Section 2 of chapter 211A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 2, the figure “$135,087” and inserting in place thereof the following figure:- $150,087.
SECTION 53L. Section 2 of chapter 211A of the General Laws is hereby amended by striking out the figure “$150,087”, inserted by section 53K, and inserting in place thereof the following figure:- $160,087.
SECTION 53M. Section 2 of chapter 211A of the General Laws is hereby amended by striking out the figure “$160,087”, inserted by section 53L, and inserting in place thereof the following figure:- $165,087.
SECTION 53N. Section 4 of chapter 211B of the General Laws, as appearing in the Official Edition, is hereby amended by striking out, in line 3, the figure “$129,694” and inserting in place thereof the following figure:- $144,694.
SECTION 53O. Section 4 of chapter 211B of the General Laws is hereby amended by striking out the figure “$144,694”, inserted by 53N, and inserting in place thereof the following figure:- $154,694.
SECTION 53P. Section 4 of chapter 211B of the General Laws is hereby amended by striking out the figure “$154,694”, inserted by section 53O, and inserting in place thereof the following figure:- $159,694.
SECTION 53Q. Section 4 of chapter 211B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 5, the figure “$135,124” and inserting in place thereof the following figure:- $150,124.
SECTION 53R. Section 4 of chapter 211B of the General Laws is hereby amended by striking out the figure “$150,124”, inserted by section 53Q, and inserting in place thereof the following figure:- $160,124.
SECTION 53S. Section 4 of chapter 211B of the General Laws is hereby amended by striking out the figure “$160,124”, inserted by section 53R, and inserting in place thereof the following figure:- $165,124.
SECTION 53T. Section 4 of chapter 211B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 6, the figure “$140,358” and inserting in place thereof the following figure:- $155,348.
SECTION 53U. Section 4 of chapter 211B of the General Laws is hereby amended by striking out the figure “$155,348”, inserted by section 53T, and inserting in place thereof the following figure:-$165,358.
SECTION 53V. Section 4 of chapter 211B of the General Laws is hereby amended by striking out the figure “$165,348”, inserted by section 53U, and inserting in place thereof the following figure:-$170,358.”
And further amend the bill by striking out sections 81 and 82.
And further amend the bill by adding the following section:-
SECTION. Notwithstanding any general or special law to the contrary, or the certification of a successor eligibility list created from the 2013 police officer entrance examination, all active candidates for appointment to the 81st Recruit Training Troop of the Massachusetts State Police shall reserve all rights and privileges associated with their placement on the 2009 eligibility appointment list; provided however that all such rights and privileges provided by this section shall expire within fifteen days of the start of the 81st RTT.
SECTION. (a) Notwithstanding any general or special law to the contrary, the Massachusetts emergency management agency (MEMA) shall develop a comprehensive ethanol transport response plan for all municipalities featured in the report drafted pursuant to section 24 of chapter 242 of the acts of 2012. The response plan shall be developed in consultation with the department of transportation, the division of fire services, the department of environmental protection, the department of public health, the public safety departments of the impacted municipalities, the federal Department of Homeland Security, the Federal Railroad Administration, the federal Surface Transportation Board, and other relevant federal, state and local agencies and entities that would be involved in emergency response within the specified communities.
(b) The response plan shall include, but not be limited to, the following: (1) training related to ethanol and flammable gases; (2) identification of critical facilities along the potential ethanol transportation routes; (3) development of a regional foam response task force including an inventory and analysis of the amount of alcohol-resistant foam needed to combat an ethanol related accident and the vehicles and equipment needed to utilize the foam effectively; (4) potential evacuation routes and procedures for when the public should be advised to shelter in place; (5) methods to communicate with limited english language speakers in the event of an incident; and (6) necessary improvements to the transportation and rail facilities to be utilized during ethanol transport.
(c) The impacted municipalities and agencies shall pursue federal grants as necessary in order to provide training and equipment as recommended by the response plan; provided further, the funds contributed by any entity transporting ethanol by rail, as a result of an agreement with the specified municipalities may be utilized to provide for implementation of the response plan. On or before, March 1, 2014, MEMA shall file a report with the joint committee on public safety and homeland security detailing the development of the response plan;
And further amend the bill by inserting after section 101 the following 3 sections:-
SECTION 101A. Sections 53A, 53D, 53H, 53K, 53N, 53Q and 53T shall take effect on January 1, 2014.
SECTION 101B. Sections 53B, 53E, 53I, 53L, 53O, 53R and 53U shall take effect on July 1, 2014.
SECTION 101C. Sections 53C, 53F, 53J, 53M, 53P, 53S and 53V shall take effect on July 1, 2015.