Consolidated Amendment "H" to H4200
Public Safety and Judiciary
Fiscal Note: $10,936,485
Amendment 360 has been re-categorized from the Education and Local Aid category
Amendment 23 has been re-categorized from Labor and Economic Development.
Amendments from Judiciary: 15, 18, 24, 119, 146, 193, 209, 239, 259, 313, 348, 358, 368, 399, 429, 445, 470, 474, 514, 518, 526, 616, 631, 672, 734, 755, 783, 804, 809, 815, 822, 836, 847, 889, 923, 954, 976, 983, 1029, 1123, 1148, 1176, 1180, 1195, 1199, 1200, 1225, 1243 and 1274
Amendments from Public Safety: 9, 14, 16, 17, 20, 34, 44, 57, 64, 71, 75, 77, 108, 121, 132, 137, 147, 151, 157, 159, 165, 197, 212, 218, 247, 251, 253, 264, 271, 284, 298, 304, 305, 306, 307, 308, 346, 356, 360, 361, 363, 364, 366, 384, 395, 422, 439, 454, 478, 493, 502, 510, 517, 533, 549, 581, 586, 588, 591, 600, 611, 613, 618, 639, 645, 656, 677, 716, 723, 759, 766, 786, 819, 827, 853, 855, 859, 876, 885, 902, 927, 931, 947, 959, 968, 975, 984, 992, 998, 1000, 1005, 1008, 1023, 1033, 1062, 1081, 1098, 1113, 1117, 1125, 1145, 1172, 1177, 1181, 1194, 1265, 1266, 1267, 1269, 1272, 1277, 1282, 1285, 1286, 1288, 1296, 1298 and 1307
Mr. Dempsey of Haverhill and others move to amend H.4200 in section 2, in item 0321-2100, by striking the figure “1,374,683” and inserting in place thereof the figure:- $1,472,466;
And further amend said section 2, in item 0321-2205, by striking out the figure “$1,781,200” and inserting in place thereof the figure:- $1,831,200;
And further amend said section 2, in item 0332-0100, by inserting after the words “clerk magistrate of said district court” the following words: “; provided further, that not less than $100,000 shall be expended for capital improvements at Hingham District Court; and provided further, that not less than $100,000 shall be expended for the Hampden County Court House Advocacy Committee; and in said item by striking out the figures “$65,854,290” and inserting in place thereof the following figures:- $66,054,290;
And further amend in Section 2, in item 0337-0002, by inserting after the words “juvenile court department” the following words: “; provided, that no less than $143,989 shall be expended on the Hampden County CASA program, no less than $71,994 shall be expended on the Worcester County CASA program, no less than $98,730 shall be expended on the Essex County CASA program, no less than $100,000 shall be expended on the Boston CASA program, no less than $76,494 shall be expended on the Franklin/Hampshire County CASA program, and no less than $53,995 shall be expended on the Berkshire County CASA program; and in said item by striking out the figure “$18,346,069” and inserting in place thereof the figure:- $18,891,271;
And further amend said section 2, by inserting after the item 0340-2117 the following item:
0340-6653For increases in the annual salaries of assistant district attorneys; provided, that the Massachusetts District Attorneys Association shall transfer funds to the AA object class in each of the 11 district attorneys' offices so that the resulting minimum annual salary for an assistant district attorney shall exceed $45,000 per year; provided further, that these salary increases shall not take effect until January 1, 2017; provided further, that not less than 30 days prior to the distribution of funds, the Massachusetts District Attorneys' Association shall notify the house and senate committees on ways and means detailing: (a) the methodology used to determine the amount to be dispersed; (b) the amount to be given to each district attorney's office; (c) the reasoning behind the distribution; and (d) the number of assistant district attorneys from each office who would receive funds from this item; and provided further, that no funds from this item shall be expended on the administrative costs of the Massachusetts District Attorneys Association……………………………………………………………….……$500,000
And further amend the bill in section 2, in item 8000-0600, by inserting after the words “the acts of 2000” the following: “; provided, that not less than $50,000 shall be expended to the town of Watertown for public safety improvements; provided further, that not less than $50,000 shall be expended to the town of Waltham for public safety improvements; provided further, that not less than $26,900 shall be expended to the town of Hopedale for public safety improvements; provided further, that not less than $50,000 shall be expended to the town of Saugus for public safety improvements; provided further, that not less than $25,000 shall be expended to the town of Wakefield for public safety improvements; provided further, that not less than $20,000 shall be expended to the town of Salisbury for public safety improvements; provided further, that not less than $200,000 shall be expended for the Black Men of Greater Springfield, Inc.; provided further, that not less than $25,000 shall be expended to the town of Hardwick for public safety improvements, provided further, that not less than $50,000 shall be expended to the town of Littleton for public safety improvements; provided further, that not less than $50,000 shall be expended to the town of Plainville for public safety improvements; provided further, that not less than $25,000 shall be expended to the Grafton Public School District for public safety improvements; provided further, that not less than $25,000 shall be expended to the town of Northbridge for public safety improvements; provided further, that not less than $25,000 shall be expended to the town of Sudbury for public safety improvements; provided further, that not less than $100,000 shall be expended for the Merrimack Valley Youth Center in the City of Lawrence; provided further, that not less than $30,000 shall be expended to the Eastham Police Department for public safety improvements; provided further, that not less than $25,000 shall be expended to the town of Oxford for public safety improvements; provided further, that not less than $50,000 shall be expended to the town of Pembroke for public safety improvements; provided further, that not less than $100,000 shall be expended to the town of Braintree for public safety improvements; provided further, that not less than $100,000 shall be expended to the town of Dracut for public safety improvements; provided further, that not less than $30,000 shall be expended to the Opioid Community Coalition of Falmouth; provided further, that not less than $50,000 shall be expended to the city of Springfield for public safety improvements; provided further, that not less than $25,000 shall be expended to the city of Fitchburg for public safety improvements; provided further, that not less than $50,000 shall be expended to the city of Methuen for a public safety study; provided further, that not less than $25,000 shall be expended to the town of Mendon for public safety improvements; provided further, that not less than $150,000 shall be expended to the town of Dartmouth for public safety improvements; provided further, that not less than $50,000 shall be expended to the town of Milton for public safety improvements; and provided further, that not less than $50,000 shall be expended to the town of Randolph for public safety improvements” and in said item by striking out the figure “$2,304,906” and inserting in place thereof the figure:- $3,761,806;
And further amend the bill in section 2, in item 8100-0111, by striking out the figure “$5,000,000” and inserting in place thereof the figure:- $6,000,000;
And further amend the bill in section 2, in item 8100-1001, by inserting after the words “investigate cases of criminal abuse;” the following: “provided further, that not less than $1,030,000 shall be expended for the payroll costs of the state police directed patrols; provided further, that not less than $30,000 shall be expended for Troop A to conduct mounted, directed patrols throughout Revere Beach, the Lynfells and the Middlesex Fells Reservation Park among other identified areas; 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 2017; provided further, that funds shall be expended for directed patrols at Constitution Beach in East Boston; provided further, that not less than $90,000 shall be expended for additional patrols for the summer season at Wollaston Beach and Furnace Brook Parkway in the city of Quincy;” and in said item by striking out the figure “$285,816,142” and inserting in place thereof the figure:- $286,936,142;
And further amend the bill in section 2, in item 8200-0200, by inserting after the words “amount appropriated in this item” the following: “; and provided further, that no less than $50,000 be provided for towns in Worcester County hosting municipal police training academies” and in said item by striking out the figure “$4,887,750” and inserting in place thereof the figure:- $4,937,750;
And further amend the bill in section 2, by striking out item 8324-0000 in its entirety and inserting in place thereof the following section:-
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 in 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 of Fire Education program; provided further, that $100,000 shall be allocated by the department for the Fire Chiefs Association of Bristol County to develop, upgrade and maintain the emergency radio communications system in Bristol County and to provide equipment and training support to the Regional Technical Rescue team in Bristol County; provided further, that $100,000 shall be allocated by the department for the Fire Chiefs Association of Barnstable County to provide equipment and training support at the Barnstable County Fire and Rescue Training Academy; provided further, that the amount allocated for critical incident stress intervention programs in item 8324-0000 of section 2 of chapter 182 of the acts of 2008 shall be allocated in fiscal year 2017; provided further, that $200,000 shall be allocated to On-Site Academy to provide training and treatment programs for emergency personnel for critical incident stress management or substance abuse; provided further, that $50,000 shall be provided for the city of Quincy fire department hazardous materials response team; provided further, that the amount allocated for hazardous material response teams in said item 8324-0000 of section 2 of chapter 182 of the acts of 2008 shall be allocated in fiscal year 2017 and shall not be reduced by more than 57 per cent; provided further the Boston Fire Department Training Academy shall also be allocated an additional $500,000 in addition to any amounts in the item; provided further, that not less than $15,000 shall be expended to the Stoneham Fire Department for safety equipment; provided further, that not less than $104,0000 shall be expended to the Needham Fire Department for safety equipment; provided further, that not less than $10,000 shall be expended to the Plainville Fire Department for safety equipment; provided further, that not less than $4,600 shall be expended to the Chelsea Fire Investigation Unit for safety equipment; provided further, that not less than $65,000 shall be expended to the Franklin Fire Department for safety equipment; provided further, that the amount allocated for the Norfolk County Regional Fire and Rescue Dispatch Center in item 8324-0000 of Section 2 of chapter 182 of the acts of 2008 shall be allocated in fiscal year 2017; provided further, that $50,000 shall be allocated to the On-Site Academy to provide training and treatment programs for correction officers from the department of correction for critical incident stress management; provided further, that 100 per cent 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, On-Site Academy, the Massachusetts training academies, the regional dispatch centers, the radio and dispatch center improvements, and the associated fringe benefit 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; provided further, that 100 per cent of the amount appropriated in this item for hazardous material response shall be assessed upon insurance companies writing commercial multiple peril, nonliability portion policies 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; and provided further, that not more than 10 per cent of the amount designated for the arson prevention program shall be expended for the administrative costs of the program……………………………………………………………. $23,898,381
And further amend the bill in section 2, in item 8700-0001, by inserting after the words “military pay grades;” the following: “provided further, that no less than $50,000 shall be expended for the Massachusetts Veterans Oral History Project to be conducted by the non-profit corporation Home of the Brave, Inc. in conjunction with the Massachusetts National Guard Museum;” and in said item by striking figure “$9,862,787” and inserting in place thereof the figure:- $9,912,787;
And further amend the bill in section 2, in item 8900-0001, by inserting after the words “prison operated by the department;” the following: “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 2017; provided further, that the department shall expend not less than $2,200,000 for municipalities hosting department of corrections facilities; provided further, that of that $2,200,000, no municipality hosting a department of corrections facility shall receive more than $800,000; provided further, that of that $2,200,000, no municipality hosting a department of corrections facility shall receive less than the amount allocated in item 8900-0001 of section 2 of chapter 60 of the acts of 2011; 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 2017; provided further, no less than $68,000 shall be expended for Dispute Resolutions Services, Inc. of Springfield” and in said item by striking out the figure “$569,138,538” and inserting in place thereof the figure:- $571,706,538;
And further amend the bill in section 2, in item 8910-0108, by inserting after the words “Franklin sheriff’s office” the following: “; provided, that not less than $200,000 shall be expended for the Franklin County Opioid Education and Awareness Task Force” and in said item by striking out the figure “$15,049,298” and inserting in place thereof the figure:- $15,249,298;
And further move to amend the bill by inserting after section 6 the following section:-
SECTION 6G. Section 58 of chapter 30 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word "custody," in line 19, the following words:- or in the case of a court officer, receives bodily injuries resulting from acts of violence in the courtroom or public areas, holding areas and other designated areas of the courthouse or from subduing or apprehending escaping prisoners.
And further move to amend the bill by inserting after section 20 the following 5 sections:-
SECTION 20A. Section 57 of chapter 146 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 16, the word “ninety” and inserting in place thereof the following word:- 60.
And further move to amend the bill by inserting after section 21 the following section:-
SECTION 21A. Section 2 of chapter 263A of the General Laws, as so appearing, is hereby amended by inserting, in line 11, after the word “services", the following words:- . The board shall provide administration and approval of funding for witness protection education and awareness programs.
And move to further amend the bill by inserting after section 27 the following sections:-
SECTION 27A. Notwithstanding section 11 of chapter 211D of the General Laws, for fiscal year 2017, the chief counsel of the committee for public counsel services may waive the annual cap on billable hours for private counsel appointed or assigned to cases undertaken by the children and family law program established by the committee, if the chief counsel finds that: (i) there is limited availability of qualified counsel in that practice area; (ii) requirements for expertise rendering assignment to certain private counsel would be more cost effective; or (iii) demonstrated efficiency of private counsel shows that shifting the service to other counsel shall reduce the quality and increase the cost of service; provided, however, that counsel appointed or assigned to such cases within the private counsel division shall not be paid for any time billed in excess of 1,800 billable hours. It shall be the responsibility of private counsel to manage their billable hours.
SECTION 27B. There shall be established a special commission on elevator inspection safety.
The commission shall consist of the following: two members of the house of representatives, one of whom shall be appointed by the speaker of the house, and one of whom shall be appointed by the minority leader; two members of the senate, one of whom shall be appointed by the president of the senate, and one of whom shall be appointed by the minority leader; the secretary of the executive office of public safety and security, or a designee; the commissioner of the department of public safety, or a designee; two members from the board of elevator regulations; and two members from charitable organizations that own and operate elevators. The commission shall investigate and study the current laws, regulations, rules and policies related to elevator inspections, including the fees and fines associated therewith, as well as the inspection schedules, and shall also investigate whether and how charitable organizations are affected by such laws, regulations, rules, policies, fines and fees. The commission shall report its findings, including any legislative recommendations, to the house and senate committees on ways and means, the joint committee on public safety, and the department of public safety no later than December 31, 2016.