Budget Amendment ID: FY2017-S4-1009
EPS 1009
On Site Academy Training
Ms. Flanagan, Messrs. Timilty and Donnelly, Ms. Gobi, Messrs. Brady, O'Connor and Moore and Ms. L'Italien moved that the proposed new text be amended in section 2, in item 8324-0000, by adding at the end thereof the following: “provided 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;” and in said item, by striking out the figures “$20,878,067” and inserting in place thereof the figures “21,078,067”
Budget Amendment ID: FY2017-S4-1010-R1
Redraft EPS 1010
Town of Dracut Public Safety Improvements
Ms. L'Italien moved that the proposed new text be amended in section 2, in item 8000-0600, <w:p><w:r><w:t xml:space="preserve">by inserting the following words:-"provided further, that not less than $100,000 shall be expended to the town of Dracut for public safety improvements"
Budget Amendment ID: FY2017-S4-1011
EPS 1011
Community policing feasibility study
Messrs. Lewis and Eldridge, Ms. Forry, Ms. Flanagan, Messrs. Brownsberger and Joyce, Ms. Creem, Messrs. Moore, Timilty and deMacedo, Ms. O'Connor Ives, Messrs. Downing and Brady moved that the proposed new text be amended in section 2, in item 8200-0200, by inserting after “8200-0222” the following text: “provided that not less than $225,000 shall be expended to support the work of the National Alliance on Mental Illness Massachusetts Criminal Justice Diversion Program to support police departments and other first responders in engaging with individuals experiencing a mental health crisis or a substance abuse disorder, and fostering connections between law enforcement, behavioral health providers, and other community stakeholders; provided further, the Criminal Justice Diversion Program shall study the feasibility of developing a center of excellence in community policing and behavioral health and shall submit a report not later than December 31, 2016, detailing its findings and recommendations based on consultations with key stakeholders.” And in said line item by striking out the figure “$4,905,847” and inserting in place thereof the figure:- “$5,155,847.”
Budget Amendment ID: FY2017-S4-1012
EPS 1012
Stoneham fire department uniform sanitizing equipment
Mr. Lewis moved that the proposed new text be amended in section 2, in item 8324-0000, by adding at the end thereof the following: “not less than $15,000 shall be expended for the Stoneham Fire Department for the purpose of updating their uniform sanitizing equipment and machinery”; and in said line item, by striking the figure “$20,878,067” and inserting in place thereof the figure:- “$20,893,067”.
Budget Amendment ID: FY2017-S4-1013
EPS 1013
Upton Public Safety Improvements
Mr. Moore moved that the proposed new text be amended in section 2, in item 8000-0600, by adding at the end thereof the following: "provided further, that not less than $27,000 shall be expended to the town of Upton for public safety improvements”, and in said item, by striking out the figures “$2,948,906” and inserting in place thereof the figures "$2,975,906".
Budget Amendment ID: FY2017-S4-1014
EPS 1014
UMass Memorial - State Police STOP Team
Mr. Moore and Ms. Chandler moved that the proposed new text be amended in section 2, in item 8100-1001, by inserting after the word "parkways" the following: "provided further, the department shall execute a service contract with UMass Memorial Emergency Medical Services for no more than $60,000 for emergency and tactical medical support services"; and in said item, by striking out the figure "$286,616,142" and inserting in place thereof the figure "$286,676,142".
Budget Amendment ID: FY2017-S4-1015
EPS 1015
Dismas House
Mr. Moore, Ms. Gobi, Ms. Chandler, Mr. Eldridge and Ms. Flanagan 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 $100,000 shall be expended for the Dismas House in Worcester"; and in said item, by striking out the figures “$568,740,073” and inserting in place thereof the following figures:- “$568,840,073”.
Budget Amendment ID: FY2017-S4-1016
EPS 1016
Grafton Public Safety Improvements
Mr. Moore moved that the proposed new text be amended in section 2, in item 8000-0600, by adding at the end thereof the following: “provided further, that not less than $47,000 shall be expended to the town of Grafton for public safety improvements”; and in said item; by striking out the figures “$2,948,906” and inserting in place thereof the figures:- $2,995,906".
Budget Amendment ID: FY2017-S4-1017
EPS 1017
Public safety building enhancement
Mr. Lewis moved that the proposed new text be amended in section 2, in item 8000-0600, by adding at the end thereof the following:- "provided further, that not less than $25,000 shall be expended to the town of Wakefield for public safety improvements"; and in said line item by striking out the figure "$2,948,906" and inserting in place thereof the figure:- "$2,973,906"
Budget Amendment ID: FY2017-S4-1017.1
Further EPS 1017.1
Blackstone Public Safety Upgrades
Mr. Fattman moved that the amendment be amended by striking out the amendment in its entirety and in inserting in place thereof the following:-
that the proposed new text be amended in section 2, in item 8000-0600, by adding at the end thereof the following: “provided that no less than $50,000 be expended for a new standby generator and public safety upgrades for the town of Blackstone”; and in said item, by striking out the figures “$2,948,906” and inserting in place thereof the figures “2,998,906”
Budget Amendment ID: FY2017-S4-1018-R1
Redraft EPS 1018
Northbridge Public Safety Improvements
Mr. Moore moved that the proposed new text be amended in section 2, in item 8000-0600, by adding at the end thereof the following: "provided further, that not less than $56,000 shall be expended to the town of Northbridge for public safety improvements".
Budget Amendment ID: FY2017-S4-1019-R1
Redraft EPS 1019
Recreational Vehicles
Mr. Moore moved that the proposed new text be amended by inserting after section 30 the following 2 sections:-
“SECTION 30A. Chapter 90B of the General Laws is hereby amended by inserting after section 22A the following section:-
Section 22B. Whoever acquires a snow vehicle or recreation vehicle shall apply for a certificate of title. The application shall be made within 10 days from taking ownership of the snow vehicle or recreation vehicle. The division shall not accept a new application for registration of a snow vehicle or recreation vehicle until the owner of the vehicle applies to the director for a certificate of title. The application for a certificate of title shall be made to the division on a form prescribed by the division that shall include: (i) the name and address of the owner; (ii) a description of the titled snow vehicle or recreation vehicle; (iii) the name and address of the purchaser and the date of purchase; (iv) the name and address of any holder of a security interest; and (v) any other information as the division may prescribe. The division shall file each application received and, when the division is satisfied that the application is genuine and that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title for the vehicle. The division shall maintain a record of all certificates of title issued: (A) under a distinctive title number assigned to the vehicle; (B) under the identifying number of the vehicle; and (C) alphabetically under the name of the applicant owner. The application shall be accompanied by the prescribed fee and by any evidence as the division shall reasonably require establishing that the applicant is entitled to a certificate of title or a noted security interest. A certificate of title shall be required as proof of ownership of a titled snow vehicle or recreation vehicle on an application for registration as required by this chapter.
The division may cancel a certificate of title for due cause under law. Any person aggrieved by a ruling or decision of the division under this section may appeal, in writing, to the department. The fees for the issuance of a certificate of title and the notation of a security interest or other lien or encumbrance shall be determined by the commissioner; provided, however, that the fee shall not be less than $25. Fees collected pursuant to this section shall be deposited into the Massachusetts Environmental Police Trust Fund established in section 2LLLL of chapter 29.
No person shall possess or sell a titled snow vehicle or recreation vehicle without an original title or a legally transferred title. A person who violates this subsection shall be fined $100 for the first offense. A person who commits a subsequent violation of this subsection shall be fined an amount not less than $250 but not more than $500.”;
and by inserting after section 77 the following section:-
“SECTION 77A. Notwithstanding any general or special law to the contrary, the division of law enforcement shall, for an application for registration of a snow vehicle or a recreation vehicle, accept as proof of sales tax paid, a valid registration certificate issued by the registrar of motor vehicles.”
Budget Amendment ID: FY2017-S4-1020
EPS 1020
Millbury Public Safety Improvements
Mr. Moore moved that the proposed new text be amended in section 2, in item 8000-0600, by adding at the end thereof the following: "provided further, that not less than $20,000 shall be expended to the town of Millbury for public safety improvements”; and in said item, by striking out the figures “$2,948,906” and inserting in place thereof the figures "$2,968,906".
Budget Amendment ID: FY2017-S4-1021
EPS 1021
Roadside Testing
Messrs. Moore, Lewis and deMacedo moved that the proposed new text be amended by inserting after section ____, the following new section:-
“SECTION _____. (a) There shall be a special commission to study the impacts on the criminal justice system as it relates to operating a motor vehicle under the influence of drugs. The commission shall consist of the following members, or their designees: the secretary of public safety and security, who shall serve as chair; the attorney general; the chief justice of the supreme judicial court; the president of the Massachusetts District Attorneys Association; the colonel of the state police; the chief counsel of the committee for public counsel services; a representative from the Massachusetts Bar Association; a representative from the Boston Bar Association; a representative from the Massachusetts Association of Criminal Defense Lawyers; a representative of the Massachusetts Chiefs of Police; 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 to be appointed by the governor, 1 of whom shall have experience in substance abuse and addiction treatment and 1 of whom shall have experience in providing services or supervision for offenders convicted of operating under the influence.
(b) In its review, the commission shall investigate and study: (i) the feasibility of developing an established impairment level for tetrahydrocannabinol; (ii) the establishment and implementation of drug evaluation and classification programs and the training of drug recognition experts; (iii) the effectiveness of implementation of impairment levels and programs in other states; (iv) the effectiveness of the implied consent law as it relates to operating a motor vehicle while under the influence of drugs; and (v) other matters related to operating a motor vehicle under the influence.
(c) The commission shall file a report of its findings and recommendations, together with drafts of legislation necessary to carry those recommendations into effect, with the clerks of the senate and house of representatives, the chairs of the senate and house committees on ways and means, the senate and house chairs of the joint committee on the judiciary and the senate and house chairs of the joint committee on mental health and substance abuse not later than October 1, 2016.”
Budget Amendment ID: FY2017-S4-1022
EPS 1022
Hoisting Exam
Mr. Moore moved that the proposed new text be amended by inserting, after section _____, the following new section:-
“SECTION _____. 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 word “thirty””.
Budget Amendment ID: FY2017-S4-1023-R1
Redraft EPS 1023
Needham Fire Department Equipment
Messrs. Rush and Ross moved that the proposed new text be amended in section 2, in item 8324-0000, <w:p><w:r><w:t xml:space="preserve">by adding at the end thereof the following: “; provided further, that not less than $100,000 shall be expended to the Needham Fire Department for safety equipment”; and in said item, by striking out the figures "$20,878,067" and inserting in place thereof the figures "$20,978,067"
Budget Amendment ID: FY2017-S4-1024-R2
2nd Redraft EPS 1024
Marijuana education campaign for drivers
Messrs. Lewis, Joyce, deMacedo and Ross moved that the proposed new text be amended in section 2, in item 8311-1000, by adding at the end thereof the following:- "Provided further, that in order to educate drivers about the adverse impacts of using marijuana before or during the operation of a motor vehicle, the department shall collaborate with the department of elementary and secondary education, the department of public health and the registry of motor vehicles to develop an educational campaign for a marijuana education program" and by adding the following new section:- "section X. In order to educate youth about the potential impacts, risks and health consequences of marijuana use on the developing brain, the department of public health shall collaborate with local community substance use coalitions, community health care providers, and the department of elementary and secondary education to develop an educational public health campaign for youth.”
Budget Amendment ID: FY2017-S4-1025-R1
Redraft EPS 1025
Dispute Resolution Services
Messrs. Welch and Lesser moved that the proposed new text be amended in section 2, in item 8900-0001, <w:p><w:r><w:t xml:space="preserve">by inserting the following:- "provided further, that not less than $68,000 shall be expended for Dispute Resolutions Services, Inc. of Springfield”.
Budget Amendment ID: FY2017-S4-1026
EPS 1026
Behavioral Health Unit
Mr. McGee moved that the proposed new text be amended in section 2, in item 8000-0600, by adding at the end the following:-"provided further, that not less than $150,000 shall be expended to the Lynn Police Department for their Behavioral Health Unit;" and in said item by striking figures "$2,948,906" and inserting in place thereof the figures "$3,098,906."
Budget Amendment ID: FY2017-S4-1027
EPS 1027
Public Safety Improvement Grants
Mr. McGee moved that the proposed new text be amended in section 2, in item 7008-0900, by adding at the end the following:- “provided further that not less than $50,000 shall be expended for the creation of a Public Safety Improvement Grant for the Town of Saugus;” and in said item by striking the figures "$343,666" and inserting in place thereof the figures "$393,666."
Budget Amendment ID: FY2017-S4-1028
EPS 1028
Directed State Police Patrols
Messrs. McGee and Boncore, Ms. O'Connor Ives and Mr. Keenan moved that the proposed new text be amended in section 2, in item 8100-1001, after the words “criminal justice information services;” by inserting the following new words:-“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 Lynn Fells 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 not less than $90,000 shall be expanded 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 figure “$286,616,142” and inserting in place thereof the figure:-“$287,646,142”
Budget Amendment ID: FY2017-S4-1029
EPS 1029
Updating Drug Definitions
Messrs. Keenan, Humason, Timilty, Fattman, Ross and Joyce, Ms. Gobi, Messrs. deMacedo, Tarr, Brady and O'Connor moved that the proposed new text be amended by inserting the following new section:-
SECTION _. Paragraph (a) of Class B of section 31 of chapter 94C of the General Laws is hereby amended by striking out clause (4), as appearing in the 2014 Official Edition, and inserting in place thereof the following clause:-
(4) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; Cocaine, its salts, optical and geometric isomers, and salts of isomers; Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains any quantity of any of the substances referred to in this clause.
Budget Amendment ID: FY2017-S4-1030-R1
Redraft EPS 1030
HazMat Stipend Increase
Mr. Timilty, Ms. Gobi, Messrs. Brady, O'Connor and Moore and Ms. L'Italien moved that the proposed new text be amended in section 2, in item 8324-0000, by striking the figure “$20,878,067” and inserting in place thereof the figure:- “$21,688,067”
and the proposed new text be further amended by adding the following new section:-
SECTION X. – Section 5 of Chapter 21K is hereby amended in paragraph (m) by striking out the figure “$3,000” and inserting in place thereof the figure:- “$6,000”
Budget Amendment ID: FY2017-S4-1031-R1
Redraft EPS 1031
Department of Correction Facilities
Mr. Timilty, Ms. Flanagan, Messrs. Pacheco, Ross and Barrett 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 $2,200,000 for municipalities hosting department of correction facilities; provided further, that of that $2,200,000 no municipality hosting a department of correction facility shall receive more than $800,000; and provided further, that of that $2,200,000, no municipality 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 further by striking the figure “$568,740,073” and inserting in place thereof the figure “$570,940,073”
Budget Amendment ID: FY2017-S4-1032
EPS 1032
Due Process and Collective Bargaining
Messrs. Timilty, Moore, Lewis and Rush, Ms. L'Italien, Ms. Flanagan, Ms. Gobi, Messrs. McGee, Keenan, Humason and Welch and Ms. O'Connor Ives moved that the proposed new text be amended by inserting at the end thereof the following new section:-“SECTION X. Section 7(d) of chapter 150E of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after subsection (q), the following new subsection:-
(r) sections one through thirty-one, inclusive, of chapter twenty-two C; provided, however, that any provision of the collective bargaining agreement entered into pursuant to chapter 150E by the Commonwealth and the employee organization representing the bargaining unit of the non-commissioned officers of the department of state police which conflicts with any provision of chapter twenty-two C can be suspended in the event of and only for the duration of an emergency which requires such suspension. For purposes of the sub-section, an emergency is defined as a condition in which the safety of the public is in imminent danger, such as a threat to life or health or where immediate law enforcement intervention is required to maintain or restore such public safety.”
Budget Amendment ID: FY2017-S4-1033
EPS 1033
Bristol Sheriff’s Office
Messrs. Timilty, Rodrigues and Ross moved that the proposed new text be amended in section 2, in item 8910-8300, by striking out the figures "$45,064,607" and inserting in place there of the figures "$52,162,685".
Budget Amendment ID: FY2017-S4-1034
EPS 1034
Massachusetts Sheriff’s Association
Mr. Timilty moved that the proposed new text be amended by adding at the end thereof the following new section:-
SECTION X. Chapter 37 of the General Laws is hereby amended by inserting at the end the following new section:
Section 27. The sheriffs may appoint suitable persons to serve as executive director and assistant executive director to the Massachusetts Sheriff's Association for the coordination and standardization of services and programs, the collection and analysis of data related to incarceration and recidivism and the generation of reports, technical assistance and training to ensure consistency in organization, operations and procedures. Said executive director and assistant executive director shall not be subject to the provisions of section forty-five of chapter thirty of the Massachusetts General Laws or the provisions of chapter thirty-one and shall serve at the will and pleasure of a majority of the sheriffs.
The executive director may expend such funds as are appropriated therefore, together with additional funds from federal grants and other contributions that may be made available for these purposes. The executive director is authorized to enter into service agreements with the sheriffs to provide training and other coordinated efforts to advance opportunities for collaboration. The executive director may also hire other positions as shall be authorized by the sheriffs. The executive director and assistant executive director shall devote their time during ordinary business hours to their duties.
Budget Amendment ID: FY2017-S4-1035
EPS 1035
Office of the Chief Medical Examiner
Messrs. Timilty and Keenan moved that the proposed new text be amended in section 2, in item 8000-0105, by striking out the figures "$9,673,380" and inserting in place thereof the figures "$10,323,380".
Budget Amendment ID: FY2017-S4-1036
EPS 1036
Police Training
Mr. Timilty moved that the proposed new text be amended by inserting after section 3 the following section:-
"SECTION 3A. Chapter 6 of the General Laws is hereby amended by inserting after section 116 the following section:-
Section 116 1/2. (a) Sums for the estimated expenses of providing annual in-service specialized and statutorily-mandated training programs conducted by the municipal police training committee for veteran and reserve municipal police officers and for those officers employed by agencies who exercise police powers and receive this training from the municipal police training committee, including, but not limited to, environmental police officers and campus police officers at the University of Massachusetts and state universities who exercise police powers, shall be paid to the commissioner of insurance by property and casualty insurance companies by means of a policy surcharge imposed upon a policyholder of a private passenger automobile policy issued by a property and casualty insurance company writing motor vehicle insurance policies in the commonwealth. These training programs shall include: new recruit training provided by the municipal police training committee; development and delivery of distance learning programs by the municipal police training committee; a standards and evaluations program for training courses and instructors of or certified by the municipal police training committee; the development and updating of training programs including curricula by the municipal police training committee; hiring, equipping and training new state police recruits; and the development and operation of a state police cadet program including the hiring, equipping and, subject to appropriation, training of state police cadets and the estimated cost of fringe benefits associated with this training hiring and employment. The amount of any surcharge shall be separately stated on either a billing or policy declaration sent to the insured. The rate of the policy surcharge shall be determined and adjusted annually by the commissioner of insurance to a rate sufficient to generate a surcharge to fund the expenses estimated by the secretary of public safety and security for the purposes described in this subsection.
(b) The policy surcharge shall be collected and remitted to the commissioner of insurance by the property and casualty insurance companies writing motor vehicle insurance policies in the commonwealth on a quarterly basis not later than the twenty-fifth day of the month succeeding the end of the quarter in which it is collected. A company that fails or refuses to collect and remit the policy surcharge to the commissioner of insurance or whose surcharge payments are not postmarked by the due date for quarterly filing shall be liable for a penalty of up to $100 for each day of delinquency, to be assessed by the commissioner of insurance. The estimated costs shall include an amount equal to the cost of fringe benefits as established by the secretary of administration and finance under section 5D of chapter 29. Any surcharge collected in a fiscal year but not expended by the municipal police training committee or department of state police for the purposes set forth in this section shall be retained by the commonwealth solely for use by the municipal police training committee or department of state police."
Budget Amendment ID: FY2017-S4-1037
EPS 1037
Littleton Public Safety Equipment
Mr. Eldridge moved that the proposed new text be amended in section 2, in item 8100-0111, by adding the following: “; provided further, that not less than $100,000 shall be expended for the police and fire departments of the Town of Littleton for upgrading telecommunications equipment”; and in said item by striking out the figure "$6,000,000" and inserting in place thereof the following figure:- "$6,100,000".
Budget Amendment ID: FY2017-S4-1038-R1
Redraft EPS 1038
Critical Stress Management for Correction Officers
Messrs. Donnelly, Timilty, Eldridge and Ross, Ms. Gobi, Messrs. Lewis and O'Connor moved that the proposed new text be amended in section 2, in item 8324-0000, by adding at the end thereof the following:-
"provided further, that $200,000 shall be allocated to the On-Site Academy to provide training and treatment programs for correction officers for critical incident stress management"; and in said item, by striking out the figures "$20,878,067" and inserting in place thereof the figures "$21,078,067".
Budget Amendment ID: FY2017-S4-1039
EPS 1039
DCF Background Check
Mr. Tarr moved that the proposed new text be amended by inserting after Section __, the following section:-
SECTION __. Chapter 18B of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding at the end thereof the following new section:-
“SECTION 26. As part of the department’s licensing and background record check process, the department shall conduct fingerprint-based checks of the state and national criminal history databases, as authorized by 42 U.S.C. Section 16962, for all applicants to be adoptive or foster parents and their household members age 15 or older. Authorized department staff may receive criminal offender record information and the results of state and national criminal history databases checks, pursuant to 42 U.S.C. Section 16962. The department shall handle the information obtained under this section pursuant to section 167 to 178, inclusive, of chapter 6.
As part of the department’s approval process, the department, prior to issuing any approval, shall: (1) obtain from the sex offender registry board all available sex offender registry information associated with the address of the center, home or facility; and (2) conduct fingerprint-based checks of the state and national criminal history databases, pursuant to Public Law 92-544, that are required under this subsection. The fingerprint-based checks of the state and national criminal history databases shall be conducted, pursuant to Public Law 92-544, to determine the suitability of all applicants for employment, interns and volunteers who have the potential for unsupervised contact with children in any department-approved program. The fingerprint-based checks shall also be required to determine the suitability of any individual who provides transportation services on behalf of any department-approved program. Authorized department staff may receive all criminal offender record information and the results of checks of state and national criminal history information databases pursuant to Public Law 92-544. When the department obtains the results of checks of state and national criminal information databases, it shall treat the information according to sections 167 to 178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record information.”
Budget Amendment ID: FY2017-S4-1040
EPS 1040
Sheriffs' Working Group
Ms. Flanagan moved that the proposed new text be amended in Section 65 by deleting the second sentence of subsection (a) and in its place inserting the following sentence: “The working group shall consist of the following individuals or their designees: the president of the Massachusetts Sheriffs Association who shall serve as chair, the secretary of administration and finance, the secretary of the executive office of health and human services, the state auditor and each of the 14 sheriffs.”
Budget Amendment ID: FY2017-S4-1041
EPS 1041
Tewksbury Fire Department
Ms. L'Italien moved that the proposed new text be amended in section 2, in item 8324-0000, by inserting the following words:- "and provided further, that not less than $90,000 shall be allocated to the fire department in the city of Tewksbury for municipal improvements to cover the cost of responding to Tewksbury State Hospital" and by striking out the figure "$20,878,067" and inserting in place thereof the following figure:- "$20,968,067"
Budget Amendment ID: FY2017-S4-1045
EPS 1045
Shannon Grants
Ms. Donoghue, Messrs. Brady and Moore, Ms. L'Italien, Messrs. Rush and Montigny, Ms. Chang-Diaz, Ms. Flanagan, Messrs. Timilty, Lewis, Keenan and McGee, Ms. Forry, Ms. Lovely, Messrs. Downing and Welch 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:- "8,000,000".
Budget Amendment ID: FY2017-S4-1047
EPS 1047
Hot Works Commission
Mr. Donnelly, Ms. Gobi, Messrs. Brady, O'Connor and Moore and Ms. L'Italien moved that the proposed new text be amended by inserting the following new section:-
"SECTION XX. (1) There shall be a special commission established on welding and hot works regulation. The commission shall investigate and study the current requirements for licenses and permits governing cutting, welding, and other hot work processes involving burning or a similar operation that is capable of initiating fires or explosions to determine if the state fire code adequately protects the safety of the public and first responders. The study shall consider the current conditions required for the issuance of licenses or permits, the use of supervised details and firewatchers, the adequacy of fees to cover inspection and oversight and other municipal costs, the deterrent effect of penalties for violations of rules and regulations and cost recovery assessment for damages resulting from the failure to comply with rules and regulations, the training and certification required to perform the work and any other matters the commission finds that would enhance the safety of the work. The commission shall report its findings, including any proposed legislation, to the house and senate committees on ways and means, the joint committee on public safety and homeland security and the executive office of public safety and security no later than June 1, 2017.
(2) The commission shall consist of: one member appointed by the Governor who shall have experience and expertise in cutting, welding and hot works trades, one member appointed by the president of the senate, one member appointed by the speaker of the house of representatives, one member appointed by the minority leader of the senate, one member appointed by the minority leader of the house, a representative from the Professional Fire Fighters of Massachusetts chosen by its president, a representative from the Massachusetts Building Trades, the State Fire Marshal or designee, the commissioner of the Boston Fire Department or designee and two contractor representatives whose businesses regularly perform hot trades work, one of whom shall be chosen by the president of the Building Trades Employers Association and one of whom shall be chosen by the president of the Massachusetts chapter of the Associated Builders and Contractors."
Budget Amendment ID: FY2017-S4-1048
EPS 1048
Tewksbury Police Department Improvements
Ms. L'Italien moved that the proposed new text be amended in section 2, in item 8324-0000, by inserting the following words:- "; and provided further that no less than $70,000 be expended to the Town of Tewksbury for police department improvements to cover costs associated with responding to Tewksbury State Hospital" and by striking the figure "$20,878,067" and inserting in place thereof the following figure:- "20,948,067"
Budget Amendment ID: FY2017-S4-1049
EPS 1049
Oxford Public Schools Safety Improvements
Mr. Fattman moved that the proposed new text be amended in section 2, in item 8000-0600, by adding at the end thereof the following: “provided that $50,000 be expended for safety improvements for public schools in the town of Oxford”; and in said item, by striking out the figures “$2,948,906” and inserting in place thereof the figures “$2,998,906”
Budget Amendment ID: FY2017-S4-1050
EPS 1050
Quincy Fire Department Hazardous Material Response Team
Mr. Keenan moved that the proposed new text be amended in section 2, in item 8324-0000, by adding at the end thereof the following:-
“; provided further, that $50,000 shall be provided for the city of Quincy fire department hazardous materials response team"; and in said item by striking out the figure “$20,878,067” and inserting in place thereof the following figure:- "$20,928,067”.
Budget Amendment ID: FY2017-S4-1051-R1
Redraft EPS 1051
Veterans Oral History
Mr. Rush, Ms. Gobi, Messrs. Eldridge and O'Connor moved that the proposed new text be amended in section 2, in item 8700-0001, by adding at the end thereof 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 out the figures “$9,862,787” and inserting in place thereof the figures “$9,912,787”
Budget Amendment ID: FY2017-S4-1052
EPS 1052
Plymouth County Fire Mutual Aid Radio Network
Messrs. Keenan, Joyce, deMacedo, O'Connor and Brady moved that the proposed new text be amended in section 2, in item 8324-0000, by adding at the end thereof the following:-
“; and provided further, that not less than $100,000 shall be expended for the Fire Chiefs’ Association of Plymouth County to develop and upgrade the emergency radio communications system in Plymouth County”; and in said item by striking out the figure “$20,878,067” and inserting in place thereof the following figure:- ““$20,978,067”.
Budget Amendment ID: FY2017-S4-1053
EPS 1053
Public Safety Improvements in the Town of Braintree
Messrs. Keenan and Joyce moved that the proposed new text be amended in section 2, in item 8000-0600, by adding at the end thereof the following:-
“; provided further, that not less than $150,000 shall be expended to the town of Braintree for public safety improvements”; and in said item, by striking out the figure “$2,948,906” and inserting in place thereof the following figure:- “$3,098,906”.
Budget Amendment ID: FY2017-S4-1054-R1
Redraft EPS 1054
Secure Funding for Secure Communities
Messrs. Tarr, O'Connor and Fattman moved that the proposed new text be amended by inserting after section _ the following new section:-
SECTION __. Notwithstanding the provisions of any general or special law to the contrary, no city or town in the Commonwealth shall receive unrestricted general government aid or any fund of which there is a federal funding component if they have enacted any ordinance or law, or promulgated any executive order in violation of section 1373 of title 8 of the United States Code, or section 1324 of Title 8 of the United States code, provided that said funds will be distributed to the remaining municipalities of the Commonwealth in the manner prescribed by clause (c) of the second paragraph of section 35 of chapter 10 of the general laws.
Budget Amendment ID: FY2017-S4-1055-R1
Redraft EPS 1055
Student Awareness Fire Education
Ms. Flanagan, Mr. Timilty, Ms. Gobi, Ms. Lovely, Messrs. Brady, O'Connor and Moore and Ms. L'Italien moved that the proposed new text be amended in section 2, in item 8324-0000, <w:p><w:r><w:t xml:space="preserve">by inserting at the end thereof the following: “provided that $1,200,000 shall be allocated by the department for the Student Awareness Fire Education program”;
Budget Amendment ID: FY2017-S4-1056
EPS 1056
Police Equipment
Messrs. Moore, Downing, deMacedo and Brady moved that the proposed new text be amended by inserting, after section ____, the following new section:-
"SECTION ____. Section 99 of chapter 272 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended in the definition of “intercepting device” by adding at the end thereof the following:--
A camera with audio recording capability mounted in a marked police vehicle or on the person of a uniformed police officer will not constitute a “intercepting device.”
Budget Amendment ID: FY2017-S4-1057-R1
Redraft EPS 1057
DOC Administration
Messrs. Moore and Ross, Ms. Flanagan, Messrs. deMacedo and Fattman moved that the proposed new text be amended in section 2, in item 8900-0001, by striking out the figure "$568,740,073" and inserting in place thereof the following figure:- "$569,740,073".
Budget Amendment ID: FY2017-S4-1058-R1
Redraft EPS 1058
C3 Policing
Mr. Welch moved that the proposed new text be amended in section 2, in item 8000-0600, by inserting the following: "provided, that not less that $25,000 shall be provided to the New North Citizens Council in the city of Springfield for C3 and E3 police management in low income and downtown neighborhoods".
Budget Amendment ID: FY2017-S4-1059
EPS 1059
Hoisting
Messrs. Rodrigues, Downing and Brady moved that the proposed new text be amended by inserting the following section:-
SECTION__. Section 53 of Chapter 146 of the General Laws is hereby amended by striking out subsection (e), as so appearing, and inserting in place thereof the following subsections:-
(e) A public utility company which has self-propelled truck mounted cranes, derricks and similar hoisting equipment which is used for the maintenance and construction of the equipment of such company and which has at least one supervisory employee who holds a license issued by the department and is designated as the responsible person in charge of hoisting equipment and a company in-service training program shall be exempt from the provisions of this section. Such exemption shall only apply if such company has an in-service training program for employees approved by the department. The in-service training program may be audited by the department. The company shall issue to each trained and certified employee a company license which shall contain a picture of the licensee, a list of the specific hoisting equipment that the licensee has been qualified to operate and the signature of the supervisor who holds a department license.
The commissioner may adopt rules and regulations authorizing the extension of the scope of this provision to permit operation of additional types of equipment for which employees of exempt utility companies have been trained and certified in an approved in-service licensing program.
(f) Any other company which has equipment such as cranes, derricks and similar hoisting equipment used only upon utility company property or equipment shall also be exempt from the provisions of this section; provided, however, that (1) all of the requirements of paragraph (e) above, have been complied with or (2) such company’s employees have obtained a company license from an approved in-service training program of the public utility company for which they are performing work or (3) such company’s employees are working at the direction of the public utility company and performing work associated with service restoration in connection with a weather or other emergency causing damage to property or equipment. The public utility company shall provide written or electronic notification to the Commissioner prior to the commencement of such work
(g) Any other company which operates hoisting equipment specifically limited to industrial lift trucks, forklifts, overhead cranes and other hoisting equipment, specifically authorized by the department and used exclusively on company property shall also be exempt from this section; provided, however, that the company has complied with all of the requirements of paragraph (e) above, and further that at least 1 supervisory employee is on site at all times of operation who holds a license issued by the department under this section and who is designated as the responsible person in charge of hoisting equipment during that period of operation.
Budget Amendment ID: FY2017-S4-1060
EPS 1060
Training Active Bystanders
Ms. Gobi moved that the proposed new text be amended in section 2, in item 8910-0108, by adding at the end thereof the following: “provided further, that $130,000 shall be provided for a pilot program for Training Active Bystanders’; and in said item, by striking out the figures “$15,049,298” and inserting in place thereof the figures “$15,179,298”
Budget Amendment ID: FY2017-S4-1061-R1
Redraft EPS 1061
Emergency and Public Safety Staffing Grants
Mr. Rodrigues, Ms. Donoghue and Ms. O'Connor Ives moved that the proposed new text be amended in section 2, in item 1599-0026, <w:p><w:r><w:t xml:space="preserve">by inserting after the words “less than $200 in 2010;” the following:- “ provided further, that grant funds under this item shall only be provided to communities who submitted qualifying applications that were approved by the executive office of public safety and security in fiscal year 2016;”
Budget Amendment ID: FY2017-S4-1062-R1
Redraft EPS 1062
Bristol County DA State Police Overtime Costs
Messrs. Rodrigues, Timilty, Ross, Montigny and Pacheco moved that the proposed new text be amended in section 2, in item 0340-0998, by striking out the figures “$344,961” and inserting in place thereof the figures “$419,961”.
Budget Amendment ID: FY2017-S4-1063
EPS 1063
Montachusett Veterans Outreach Center Women’s Housing Program
Ms. Gobi moved that the proposed new text be amended in section 2, in item 1410-0012, by adding the following: “provided further that no less than $124,000 be provided for the operation of the Montachusett Veterans Outreach Center women’s housing program;” and in said item by striking out the figure “$3,247,641” and inserting in place thereof the figure “$3,371,641”
Budget Amendment ID: FY2017-S4-1065
EPS 1065
Route 6 Traffic Enforcement
Mr. Wolf moved that the proposed new text be amended in section 2, in item 8000-0600, by adding at the end thereof the following: "provided further, that $30,000 shall be expended to the Eastham Police Department to be used in conjunction with the towns of Wellfleet, Truro and Provincetown to address the traffic safety issues on Route 6 from the Orleans rotary to Provincetown from May 27th to October 10th”; and in said item, by striking out the figures "$2,948,906" and inserting in place thereof the figures "2,978,906"
Budget Amendment ID: FY2017-S4-1066
EPS 1066
Bristol County Fire Chiefs
Messrs. Rodrigues, Timilty, Joyce and Pacheco moved that the proposed new text be amended in section 2, in item 8324-0000, by inserting at the end thereof the following:
“; provided further, that not less than $100,000 shall be expended 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”
; and in said item by striking out the figures “$20,878,067” and inserting in place thereof the figures “$20,978,067".
Budget Amendment ID: FY2017-S4-1067
EPS 1067
Municipal Improvements - Advanced Analytics
Ms. L'Italien and Mr. Moore moved that the proposed new text be amended in section 2, in item 1599-0026, by inserting, in line 10, after the words "outcomes for municipalities" the following words:-“; provided further, that grants may include funds to evaluate the use of advanced analytics and business intelligence tools for municipalities across the Commonwealth;”
Budget Amendment ID: FY2017-S4-1069
EPS 1069
Gateway Cities Public Safety Grant Program
Ms. Flanagan moved that the proposed new text be amended in section 2, in item 1599-0026, By inserting after the word “governments” the following words:- ““provided that $4,750,000 shall be transferred to the executive office of public safety and security for a competitive grant program for public safety and emergency staffing to be administered by that executive office; provided further, that the grants shall be awarded to Gateway Cities and communities that: (a) have populations of at least 60,000; and (b) demonstrate that their police or fire departments had an operating budget per capita of less than $200 in 2010.”
Budget Amendment ID: FY2017-S4-1070
EPS 1070
Fitchburg Public Safety Improvements
Ms. Flanagan moved that the proposed new text be amended in section 2, in item 8000-0600, By adding at the end thereof the following: “provided that $50,000 be expended to the city of Fitchburg for public safety improvements”; and in said item, by striking out the figures “$2,948,906” and in said item, by striking out the figures “2,998,906”
Budget Amendment ID: FY2017-S4-1072-R2
2nd Redraft EPS 1072
Hazmat Training Services
Messrs. Rush and Brownsberger, Ms. Forry, Ms. Gobi, Messrs. Brady, O'Connor and Moore and Ms. L'Italien moved that the proposed new text be amended in section 2, in item 8324-0000, in line 8, by inserting after the words “fire training program shall use the split days option;” the following: - “provided further, that the amount allocated for hazardous material response teams in said item 8324-0000 of said section 2 of said chapter 182 shall be allocated to each program in fiscal year 2017 and shall not be reduced by more than 57 per cent;”
Budget Amendment ID: FY2017-S4-1073
EPS 1073
Creating the Commonwealth Technical Rescue Regions and Coordinating Council
Messrs. Tarr, O'Connor and Fattman moved that the proposed new text be amended by inserting after section __ the following new sections:-
“SECTION __. SECTION 1. The General Laws, as appearing in the 2014 Official Edition, are hereby amended by inserting after Chapter 22E, the following chapter:-
Chapter 22F
TECHNICAL RESCUE REGIONS
Section __. The secretary of the executive office of public safety, hereinafter referred to as the secretary, and the state fire marshal, shall, in consultation with the Fire Chiefs’ Association of Massachusetts, Inc., create technical rescue regions across the commonwealth.
Each region shall provide for organization and coordination of technical rescue training, emergency technical rescue services, acquisition of emergency equipment, and receipt and distribution of federal, state and private monies received by appropriation, grant or as compensation for services provided under contract, as a means of providing resources to the city and town member fire departments for the coordinated delivery of technical rescue services. The regions shall be comprised of 5 distinct geographical areas encompassing the commonwealth; provided, that the secretary may change such number of regions from time to time as needed. The overall coordination of the regions shall be conducted by the technical rescue coordinating council.
Section __. (a) There shall be within the department of fire services of the executive office of public safety, but not under its control, a technical rescue coordinating council, hereinafter referred to as the council. The council shall oversee and review the development of uniform standards, rules, procedures and regulations for the operation of a statewide regional technical rescue services program and the development of cost recovery mechanisms for certain technical rescue services provided by their regions; provided, however, that there shall be no cost recovery where (i) the responsible party is a resident of the commonwealth, (ii) the activity was not commercial in nature and (iii) the conduct which necessitated technical rescue services was not unlawful or reckless.
(b) The council may collect funds on behalf of the technical rescue regions, intended as compensation under contract, including but not limited to, any company who designates a fire department as a stand-by rescue team in order to meet the requirements imposed by 29 C.F.R. 1910 through the United States Occupational Safety and Health Administration. The funds shall be deposited into the Technical Rescue Services Fund, established by section 2SSSS of chapter 29. The council shall receive and distribute to the technical rescue regions, any federal, state and private monies received by appropriation, grant, compensation for services provided under contract or by cost recovery for the purposes of delivering technical rescue services to the technical rescue regions and their member fire departments.
(c) The council shall consist of the governor’s secretary of executive office of public safety and security or designee, ex officio; the state fire marshal or designee, ex-officio; the president of the Fire Chiefs’ Association of Massachusetts, Inc., or a designee; the president of the Massachusetts Call and Volunteer Firefighters Association, Inc., or designee; 2 members of the Professional Fire Fighters of Massachusetts, of which 1 shall be a member of the technical rescue association; a state region member holding the rank of chief, 1 from each of the designated state technical rescue regions established pursuant to section 1; provided, that the chief is either an active member of the state technical rescue district team or has otherwise been qualified by meeting the requirements for technical rescuer as provided for in chapter 4 of NFPA 1006: Standard for Technical Rescuer Professional Qualifications of the National Fire Protection Association, Inc. Each of the state region members shall be appointed, by the governor, from a list of 2 names submitted by the Fire Chiefs’ Association of Massachusetts, Inc., for each region established pursuant to section 1. No person shall receive compensation for service as a member of the council but shall receive from the commonwealth, reimbursement for all expenses necessarily incurred in connection with his or her official duties.
The governor shall appoint each member for a term of 3 years. Any member shall be eligible for reappointment. The majority of the council shall constitute a quorum to conduct business but a lesser number may adjourn from time to time. The council shall annually elect a chair and vice-chair from its members; provided, however, that no member shall serve as chair or vice-chair for more than 2 consecutive years. The department of fire services may, subject to appropriation, employ an executive secretary and may employ such clerical, technical or other assistants as may be required to assist the council in the performance of its duties.
Section __. The council, in addition to other powers conferred to it by this chapter, shall assist in the coordination of all persons and agencies in the state concerned with technical rescue services. Distribution and use of funds by the council, for use by the technical rescue regions, shall be governed by the rules and regulations promulgated by the council. Such rules and regulations shall recognize the following goals and objectives for the use and disbursement of such funds:
(1)maintenance and operation of technical rescue regions;
(2)maintenance and operation of regional technical rescue equipment; and
(3)training of regional technical rescue personnel to include initial and in service training including but not limited to payment of backfill and overtime for team members.
Section __. The council shall make an annual report to the secretary on or before June 30, which shall include but not be limited to, an accounting of all monies received and distributed as authorized by this chapter.
SECTION __. Chapter 29 of the General Laws is hereby amended by inserting after section 2RRRR the following section:-
Section __. There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Technical Rescue Services Fund consisting of any amounts appropriated by the general court or received by appropriation, grant or as compensation for services under contract or reimbursement for associated costs of technical rescue services, including but not limited to costs for administration, personnel, overtime and fringe benefits incurred by the department of fire services pursuant to chapter 22E of the and any income derived from the interest thereon. All monies credited to the fund shall be used, not subject to appropriation, for the purposes provided for in said chapter 22D½. No expenditure made from the fund shall cause the fund to become deficit at the close of the fiscal year.
SECTION 3. Section 1 shall take effect on July 30, 2016."
Budget Amendment ID: FY2017-S4-1074
EPS 1074
Providing Oversight of Crime Labs
Messrs. Tarr, Timilty, O'Connor, Fattman and Ross moved that the proposed new text be amended by inserting after Section __, the following section:-
Section __. Chapter 6 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 184A the following section:-
SECTION 184B. (a) There shall be established a forensic services drug laboratory oversight board within, but not subject to the control of, the executive office of public safety and security. The board shall consist of the secretary of public safety and security or a designee; the governor or a designee; the attorney general or a designee; the inspector general or a designee; and the colonel of state police or a designee.
(b) At the direction of the board, the undersecretary of public safety for forensic sciences shall advise and report to the board on the administration and delivery of forensic services at such facilities.
(c) The board shall have oversight authority over all commonwealth facilities engaged in forensic services in criminal investigations. The board shall ensure every such facility is actively accredited with the American Society of Crime Laboratory Directors/Laboratory Accreditation Board and compliant with standards promulgated by the International Organization for Standardization (IOS). The board shall receive quarterly reports from the undersecretary for forensic sciences which shall include, but not be limited to, the following information:
(i) the volume of forensic services at each facility;
(ii) the volume of forensic services of each employee at such facilities;
(iii) the costs and length of time from submission for testing or procedures and the return of results from such facilities;
(iv) compliance with accreditation standards of such facilities; and
(v) facility employee records, qualifications, and incident reports; provided, however, that any suspected or potential criminal wrongdoing shall be promptly referred to the attorney general for prosecution.
An electronic summary of said reports shall be submitted to the clerks of the senate and house of representatives and the chairs and ranking minority members of the joint committee on public safety and homeland security.
(d) The board shall promulgate rules and regulations necessary to carry out this section; provided, however, that said regulations shall require:
(i) facilities engaged in forensic services in criminal investigations to be actively accredited by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board and compliant with standards promulgated by the International Organization for Standardization (ISO);
(ii) the forensic sciences advisory board to hold not less than 1 public hearing a year; and
(iii) the undersecretary for forensic sciences to receive anonymous complaints of employee or facility misfeasance or deviation from accreditation standards;
The oversight board shall consider the input of the forensic sciences advisory board prior to implementing said rules and regulations.
Budget Amendment ID: FY2017-S4-1075
EPS 1075
Prison Rehabilitation and Reentry Programming
Ms. Chang-Diaz, Messrs. Brady, Barrett and 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 not less than $850,000 be expended on rehabilitation and reentry programming within Department of Correction facilities, and that such programming shall include but not be limited to year round academic education, substance abuse treatment and education, cognitive behavioral therapy, and violence reduction programs;"
and further by striking out the figure "568,740,073," and inserting in place thereof the following figure:- "569,590,073".
Budget Amendment ID: FY2017-S4-1076
EPS 1076
Coordinated Security of the Commonwealth’s Ports
Mr. Timilty moved that the proposed new text be amended in section 2, by inserting the following new line-item:
“xxxx-xxxx For the implementation of a statewide port security camera network integrated with the United States Department of Homeland Security, United States Coast Guard, Massachusetts Emergency Management Agency, and all thirty municipal ports within Coast Guard Sector 1, including any community participating in the existing Urban Area Security Initiative (UASI); provided that every state dollar shall be matched by three dollars in federal funding from the Federal Emergency Management Agency . . . . .. . . . . .. . . . . . . . $650,000”
Budget Amendment ID: FY2017-S4-1077
EPS 1077
Critical Incident Intervention
Mr. Timilty moved that the proposed new text be amended by inserting at the end thereof the following new section:-
SECTION X. Chapter 268 of the General Laws is hereby amended by adding the following section:-
Section 41.(a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Abuse”, (i) causing or attempting to cause physical harm; (ii) placing another in fear of imminent physical harm; or (iii) causing another to engage in sexual relations by force, threat of force or coercion.
“Child abuse”, (i) physical or emotional injury on a person under 18 resulting from abuse which causes harm or substantial risk of harm to the child's health or welfare, including sexual abuse; or (ii) neglect, including malnutrition.
“Crisis intervention services”, consultation, counseling, debriefing, defusing, intervention services, management, prevention and referral provided by a critical incident stress management team member or participant.
“Critical incident”, an event that results in acute or cumulative psychological stress or trauma to an emergency service provider as a result of the provider’s response to the event.
“Critical incident stress management”, a process of crisis intervention designed to assist emergency service providers in coping with the psychological trauma resulting from response to a critical incident, consistent with training standards established by the Massachusetts Peer Support Network.
“Critical incident stress management team”, a trained volunteer or participant or a group of trained volunteers or participants who offer critical incident stress management and crisis intervention services following a critical incident.
“Critical incident stress management team member” or “team member”, an individual specially trained to provide critical incident stress management and crisis intervention services as a member of an organized and registered team; provided, however, that team member shall include, but not be limited to, law enforcement officers, firefighters or emergency medical services providers; and provided further, that team members, both sworn and civilian, shall be designated by the colonel of state police or a sheriff or by a police chief, fire chief or director of emergency services in a city or town.
“Emergency service provider”, a police officer or civilian law enforcement employee including, but not limited to, an emergency dispatcher, sheriff, deputy sheriff, state police officer, employee of the Massachusetts emergency management agency, permanent or volunteer firefighter and permanent or volunteer emergency medical personnel.
(b) No critical incident stress management team member, team leader or other participant who provides or receives critical incident stress management and crisis intervention services shall be required to testify or divulge any information obtained solely through the provision of or receipt of such services and any information divulged to the team or a team member during the provision of critical incident stress management and crisis intervention services shall be kept confidential and shall not be disclosed to a third party, except as provided in this section. A critical incident stress management team member, team leader or other participant may disclose such information if: (i) the information indicates the existence of a danger to the individual who receives critical incident stress management or crisis intervention services or to any other person; or (ii) the information indicates the existence of past child abuse upon the individual or abuse by a family or household member as defined in section 1 of chapter 209A.
Budget Amendment ID: FY2017-S4-1078
EPS 1078
Critical Incident Stress Programs
Mr. Timilty, Ms. Gobi, Messrs. Brady, O'Connor and Moore, Ms. L'Italien and Ms. Lovely moved that the proposed new text be amended in section 2, in item 8324-0000, by inserting the following "provided further, that the amount allocated for critical incident stress intervention programs and fire department training academies in said item 8324-0000 of section 2 of chapter 182 of the acts of 2008 shall be allocated to each program in the fiscal year 2017"
Budget Amendment ID: FY2017-S4-1079
EPS 1079
Hoisting Licenses
Ms. L'Italien, Mr. Moore, Ms. Forry, Messrs. Eldridge, McGee, Keenan and Pacheco, Ms. Gobi and Mr. O'Connor moved that the proposed new text be amended by inserting the following new section:-
Section XX: Section 53 of Chapter 146 is hereby amended by adding after subsection (e) the following:
"(f) Subsection (e) shall not apply to a public utility company or other company during the course of an employee strike or lockout."
Budget Amendment ID: FY2017-S4-1081
EPS 1081
Sex Offender Declassification Correction
Messrs. Tarr, O'Connor and Fattman moved that the proposed new text be amended by inserting after Section __, the following sections:-
SECTION __. Section 178L of chapter 6 of the General Laws, as appearing in the 2014 Official edition, is hereby amended by striking out subsection (1)(b) and inserting there of the following subsection:-
(1)(b) The district attorney for the county where such sex offender was prosecuted may, within ten days of a conviction or adjudication of a sexually violent offense or a declassification of a sex offender, file a motion with the board to make an expedited recommended classification upon a showing that such sex offender poses a grave risk of imminent re-offense. If the petition is granted, the board shall make such recommendation within ten days of the expiration of the time to submit documentary evidence. If the petition is not granted, the board shall make such recommended classification as otherwise provided in this section.
SECTION __. Section 14 of chapter 30A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting at the end of paragraph (3) the following words:-
“Notwithstanding the above, should the Sex Offender Registry Board or the Court issue a stay of a final classification in a Sex Offender Registry Board proceeding or court appeal held pursuant to G.L. chapter 6 § 178M, then such hearing shall be expedited and such stay shall be for no more than 60 days.
Budget Amendment ID: FY2017-S4-1082
EPS 1082
Elevator Inspections 1
Messrs. Timilty and Moore moved that the proposed new text be amended by adding the following section:
SECTION X. Said Section 65 of chapter 143, as so appearing, is hereby amended by inserting at the end thereof the following sentence:- “Should the owner or operator of the elevator contract another entity for the purpose of maintain the quality of the elevator, all fines due to expired certification shall be assessed to the contracted entity”
Budget Amendment ID: FY2017-S4-1083
EPS 1083
Sex Offender Registration Fee Collection
Messrs. Tarr, O'Connor and Fattman moved that the proposed new text be amended by inserting after Section __, the following section:-
“SECTION __. Section 178Q of chapter 6 of the General Laws is hereby amended by inserting at the end thereof, the following:- The sex offender registry board shall, within 60 days of initial sex offender registration and annual sex offender registration, report to the department of revenue, the department of transitional assistance and the registry of motor vehicles the amount of any sex offender registration fee owed by the sex offender. The department of revenue shall intercept payment of such fee from tax refunds due to persons who owe all or a portion of such fee. The registry of motor vehicles shall not issue or renew a person’s driver’s license or motor vehicle registration for any vehicle subsequently purchased by such person until it receives notification from the sex offender registry board that the fee has been collected.”
Budget Amendment ID: FY2017-S4-1085
EPS 1085
Regional Anti-Terrorism Collaboration
Mr. Timilty moved that the proposed new text be amended in section 2, by inserting the following new item:-
"XXXX-XXXX For the Boston Regional Intelligence Center, or BRIC, to upgrade, expand and integrate technology and protocols related to antiterrorism, anticrime, anti-gang and emergency response; provided, that intelligence developed shall be shared with the BRIC communities and other state, municipal and federal agencies as necessary; and provided further, that the BRIC shall provide technology required to access the intelligence with its municipal partners, the department of the state police, the Massachusetts Bay Transportation Authority, the Massachusetts Port Authority and appropriate federal agencies to assure maximum interagency collaboration for public safety and homeland security $760,000"
Budget Amendment ID: FY2017-S4-1086-R1
Redraft EPS 1086
Safer Options for the State Police
Mr. Timilty moved that the proposed new text be amended in section 2, by inserting at the end thereof the following new section:-
“Section X. Notwithstanding any special or general law to the contrary the department of the state police shall ensure full deployment of conductive electronic weapons no later than January 1, 2017. For this section ‘full deployment’ shall mean issuance of these weapons consistent with the departments standards for issuing a firearm to their employees.”
Budget Amendment ID: FY2017-S4-1087-R1
Redraft EPS 1087
Security Systems Commission
Mr. Timilty, Ms. Flanagan, Messrs. Moore and Rodrigues, Ms. Gobi and Mr. Lewis moved that the proposed new text be amended by adding the following new sections:
Section X. (a) There shall be a special commission on security and life safety systems to provide guidance and advice to the governor, the general court, the secretary of public safety and security and the undersecretary for the office of consumer affairs and business regulation on effective state licensure models, including, but not limited to, practices that secure a high level of professionalism in the security system industry, prevention, detection, and elimination of individuals and business entities not appropriate to engage in the industry and to recommend policies, including legislation, to promote certification and training, continuing education and compliance with background checks at the federal and state levels. The special commission may conduct public hearings, forums or meetings to gather information.
(b) The commission shall be comprised of ( i ) 4 members of the senate, 3 of whom shall be members of the majority party who shall be appointed by the senate president and 1 of whom shall be a member of the minority party who shall be appointed by the minority leader; provided, however, that 1 member of the senate shall be designated as co-chair of the commission; 4 members of the house of representatives, 3 of whom shall be members of the majority party who shall be appointed by the speaker and 1 of whom shall be a member of the minority party who shall be appointed by the minority leader; provided, however, that 1 member of the house shall be designated as co-chair of the commission; (ii) the following 4 members, who shall serve ex officio: the Secretary of the Executive Office of Public Safety and Security, the Undersecretary for the Office of Consumer Affairs and Business Regulation, the Commissioner for the Massachusetts Department of Telecommunications and Cable, and the Executive Director for the State Board of Electrical Examiners or their designees; (iii) 1 representative of the Massachusetts Chiefs of Police Association, 1 representative of the Massachusetts State Fire Marshal’s Office, 1 representative of the Massachusetts Systems Contractors Association licensed as a contractor in Massachusetts with a security system business licensed under chapter 147, 1 representative from the International Brotherhood of Electrical Workers, Local 103, who shall be a licensed electrician, 1 representative from the Massachusetts Electrical Contractors Association licensed as a contractor in Massachusetts with a security system business licensed under chapter 147, 1 representative from the Attorney General’s Policy Office; 1 representative from the Mass. High Technology Council, 1 representative from the New England Cable & Telecom Association, 1 representative who is an incumbent local exchange, 1 representative from the Electronic Security Association, The General Counsel from the Division of Professional Licensure, or his or her designee, 1 representative from CTIA – the Wireless Association; 1 representative who currently serves as a municipal inspector of wires and is a member of The Municipal Electrical Inspectors Association of Massachusetts and Rhode Island, 1 representative from a telecommunications company regulated by the Massachusetts Department of Telecommunications and Cable, and 1 consumer who has experience contracting for security system services serving Massachusetts.
(c)The organizational meeting of the commission shall be convened by the co-chairs not later than 30 days after the effective date of this act whether or not all of its members have been appointed and qualified.
(d) The special commission shall make an investigation and study of Massachusetts laws, including but not limited to Sections 3L and 3P of Chapter 143, Sections 57-61 of Chapter 147 and Chapter 141 of the Massachusetts General Laws and regulations, including definitions and exemptions, policies and relevant case law for their effectiveness in the oversight, licensure and uniform enforcement of the security and life safety systems industry, models adopted in other states and best practices for ensuring comprehensive local and national background checks.
(e) The special commission shall file a report by December 31, 2016 with the office of the governor, the clerk of the House of Representatives and the clerk of the senate, along with recommendations, if any, together with drafts of legislation necessary to carry those recommendations into effect.
(f) In consultation with the special commission, the board of electrical examiners may develop regulations or policies to address issues of immediate concern to the commission in relation to the protection of public and consumer safety.
Budget Amendment ID: FY2017-S4-1088-R1
Redraft EPS 1088
Elevator Inspections 2
Mr. Timilty, Ms. Flanagan, Ms. L'Italien, Ms. O'Connor Ives and Mr. deMacedo moved that the proposed new text be amended by inserting after section 16 the following section:-
“SECTION 16A. Clause (5) of subsection (a) of section 22 of chapter 22 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following words:- “and provided further, that any fines assessed under section 65 of chapter 143 shall be calculated solely in accordance with said section 65.”; and
by inserting, after section 41, the following 4 sections:-
“SECTION 41A. The second paragraph of section 65 of said chapter 143, as so appearing, is hereby amended by striking out, in lines 23 and 25, each time it appears, the figure “$100” and inserting in place thereof the following figure:- “$50”.
SECTION 41B. Said second paragraph of said section 65 of said chapter 143, as so appearing, is hereby further amended by striking out, in line 35, the figure “$5,000” and inserting in place thereof the following figure:- “$1000”.
SECTION 41C. Said second paragraph of said section 65 of said chapter 143, as so appearing, is hereby further amended by striking out, in line 36, the figure “$20,000” and inserting in place thereof the following figure:- “$5,000”.
SECTION 41D. Said second paragraph of said section 65 of said chapter 143, as so appearing, is hereby further amended by striking out, in line 39, the figure “21” and inserting in place thereof the following figure:- “22”.
Budget Amendment ID: FY2017-S4-1089
EPS 1089
Franklin Fire Communications
Mr. Ross moved that the proposed new text be amended in section 2, in item 8324-0000, by adding at the end thereof the following:- “provided that not less than $65,000 shall be expended to the Franklin Fire Department for safety equipment”; and in said item, by striking out figures “$343,666” and inserting in place thereof the figures “$408,666”
Budget Amendment ID: FY2017-S4-1090
EPS 1090
Herring Run park handicap accessibility in the town of Pembroke
Mr. deMacedo moved that the proposed new text be amended in section 2, in item 8000-0600, by adding at the end thereof the following:-
“; provided further, that $100,000 shall be expended for the repair and construction of a bridge to allow handicapped access and for the installation of a fish ladder at Herring Run park in the town of Pembroke”; and in said item, by striking out the figures “$2,948,906” and inserting in place thereof the figures “3,048,906”.
Budget Amendment ID: FY2017-S4-1091
EPS 1091
Local Shannon Grant Funding
Mr. Joyce moved that the proposed new text be amended in section 2, in item 8100-0111, by adding at the end thereof the following:- "; provided further that not less than $100,000 shall be expended for violence prevention and intervention programming in the town of Randolph".
Budget Amendment ID: FY2017-S4-1092-R1
Redraft EPS 1092
Safety of Autistic and Alzheimer Individuals
Messrs. O'Connor, Fattman and Ross and Ms. Lovely moved that the proposed new text be amended by inserting after section 77 the following section:-
“SECTION 77A. For the purposes of this section, “technology-assisted tracking device” shall mean any wearable device that: (i) is waterproof and able to function under water; (ii) is compliant with IP66 and IP68 standards; (iii) is operational indoors or under cover; (iv) does not require direct line of sight to the sky; (v) is independent of third-party public communication networks, cellular, GSM, GPRS or similar; (vi) includes a tamper-resistant wrist or ankle strap directly changeable by a caregiver; (vii) includes system specifics to avoid false alarms in order not to avoid unnecessary law enforcement search and rescue efforts; and (viii) has a patient specific code to avoid mistaken identities.
The Prevention and Wellness Advisory Board, established under section 2H of chapter 111 of the General Laws, shall make recommendations to the department of public health on the use of technology-assisted tracking devices to mitigate risks associated with wandering for certain populations including, but not limited to, individuals with dementia, autism spectrum disorder or Alzheimer’s disease.
The advisory board shall also review and make recommendations on ways to incorporate the use of technology-assisted tracking devices into a pilot program funded through the Prevention and Wellness Trust Fund, established under section 2G of chapter 111 of the General Laws to increase the safety of individuals with dementia, autism spectrum disorder or Alzheimer’s disease.
The advisory board shall provide its recommendations to the department not later than January 1, 2017. The department shall forward the board’s recommendations and a summary of action items the department intends to undertake as a result of the board’s recommendations to the clerks of the senate and house of representatives, the house and senate chairs of the joint committee on public health and the senate and house committees on ways and means not later than March 1, 2017.”.
Budget Amendment ID: FY2017-S4-1093-R2
2nd Redraft EPS 1093
Public Safety Improvements
Ms. Forry moved that the proposed new text be amended in section 2, in item 1599-0026, <w:p><w:r><w:t xml:space="preserve">by inserting after the words “by that executive office;” the following:- “provided further, that not less than $100,000 be expended on camera for Almont Park, Roberts Field, Norfolk Park and Franklin Park in the District 3 section of Mattapan and Dorchester; provided further, that not less than $50,000 shall be expended for YoFES, Youth & Family Enrichment Services of Hyde Park, to provide after-school academic enrichment for area youth;”
Budget Amendment ID: FY2017-S4-1094
EPS 1094
Harbormaster Certification Standards
Messrs. Tarr and O'Connor moved that the proposed new text be amended by inserting at the end thereof the following new section:-
“SECTION XX
Section 116F of chapter 6 of the General Laws , as appearing in the 2014 Official Edition, is hereby amended by striking the second paragraph and inserting in place thereof the following:-
“The council shall set policies and standards for training harbormasters and assistant harbormasters in accordance with applicable laws and regulations including sections 19 to 21, inclusive, of chapter 102. The council shall certify harbormasters and assistant harbormasters upon satisfactory completion of a course of study for harbormasters and assistant harbormasters approved by the council.”
Budget Amendment ID: FY2017-S4-1095
EPS 1095
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 $100,000 shall be expended for the continuation of a youth violence and street crimes unit pursuant to section 2 of chapter 182, of the acts of 2008”.
Budget Amendment ID: FY2017-S4-1096-R1
Redraft EPS 1096
Millis Fire Department
Mr. Ross moved that the proposed new text be amended in section 2, in item 8324-0000, by adding at the end thereof the following:- “provided that not less than $35,000 shall be expended to the Millis Fire Department for the purchase of a SCBA fill station”; and in said item, by striking out the figures “$20,878,067” and inserting in place thereof the figures “$20,913,067”
Budget Amendment ID: FY2017-S4-1097
EPS 1097
Dartmouth Police Mobile Command Center
Mr. Montigny moved that the proposed new text be amended in section 2, in item 8000-0600, by adding at the end thereof the following:- "provided further, that not less than $150,000 shall be expended for the town of Dartmouth to purchase a mobile command center;"
Budget Amendment ID: FY2017-S4-1098-R1
Redraft EPS 1098
Police Protection Vest Partnership Program
Messrs. Tarr, O'Connor and Fattman and Ms. Lovely moved that the proposed new text be amended in section 2, in item 8000-0600 by inserting after the word “Commonwealth”, in line 8, the following words:- “; provided further, that $300,000 shall be expended to support a matching grant under the federal Bulletproof Vest Partnership grant program”.
Budget Amendment ID: FY2017-S4-1099
EPS 1099
Plainville Fire Department
Mr. Ross moved that the proposed new text be amended in section 2, in item 8324-0000, by adding at the end thereof the following:- “provided that not less than $25,000 shall be expended to the Plainville Fire Department for safety equipment”; and in said item, by striking out the figures “$20,878,067” and inserting in place thereof the figures “20,903,067”
Budget Amendment ID: FY2017-S4-1100
EPS 1100
Improved Communication for Emergency Service Departments in the Town of Easton
Mr. Joyce moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following: "and provided further, that not less than $210,000.00 shall be expended for improved communication for the primary emergency service departments in the town of Easton.”
Budget Amendment ID: FY2017-S4-1101
EPS 1101
Milton Fire Station
Mr. Joyce moved that the proposed new text be amended in section 2, in item 8000-0600, by inserting the following: "and provided further, that not less than $5,000,000 shall be expended to assist in the construction of a new Fire Station in the Town of Milton”.
Budget Amendment ID: FY2017-S4-1102
EPS 1102
Massachusetts Model of Community Coalitions
Ms. Gobi and Mr. Downing moved that the proposed new text be amended in section 2, in item 4590-0250, by adding at the end thereof the following: “; and provided further, that the department of public health shall expend not less than $120,000 on the Massachusetts Model of Community Coalitions."; and in said item, by striking out the figures “$11,932,830” and inserting in place thereof the figures “12,052,830”
Budget Amendment ID: FY2017-S4-1103-R1
Redraft EPS 1103
Community Police Outreach
Mr. Humason moved that the proposed new text be amended in section 2, in item 8000-0600, by inserting at the end thereof the following: “provided further, that not less than $25,000 shall be expended to the city of Holyoke for public safety improvements;” and in said item striking out the figure "$2,948,906” and inserting in place thereof the figure “2,973,906”
Budget Amendment ID: FY2017-S4-1104-R1
Redraft EPS 1104
Evaluation and Stabilization Unit
Messrs. Lewis, Donnelly and Eldridge moved that the proposed new text be amended in section 2, in item 8910-1101, by striking out the figure "$896,387" and inserting in place thereof the following figure:- "$996,387".
Budget Amendment ID: FY2017-S4-1105
EPS 1105
Barnstable County Fire Academy
Mr. deMacedo moved that the proposed new text be amended in section 2, in item 8324-0000, by adding at the end thereof the following:- “; 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 & Rescue Training Academy”; and in said item by striking out the figures “$20,878,067” and inserting in place thereof the figures “$20,978,067”.
Budget Amendment ID: FY2017-S4-1106-R1
Redraft EPS 1106
Elevator Definition
Messrs. Humason, O'Connor and Fattman moved that the proposed new text be amended by inserting after section 41 the following 4 sections:-
“SECTION 41A. Said section 64 of said chapter 143 of the General Laws, as so appearing, is hereby further amended by striking out, in lines 6 and 7, inclusive, the words “at intervals of not less than five years” and inserting in place thereof the following words:- “as necessary for acceptance following an installation, alteration or modernization that requires a permit by the board of elevator regulations”.
SECTION 41B. Section 65 of said chapter 143 of the General Laws, as so appearing, is hereby amended by striking out, in line 33, the word “unit” and inserting in place thereof the following words:- “dumbwaiter, limited use elevator or limited application elevator as defined in section 71E or wheelchair lift”.
SECTION 41C. Section 71E of said chapter 143 of the General Laws, as so appearing, is hereby amended by inserting, in line 4, after the words “car lifts” the following words:- “, limited use or limited application elevators”.
SECTION 41D. Said section 71E of said chapter 143 of the General Laws, as so appearing, is hereby further amended by adding the following paragraph:- “As used in sections 62 to 71F, inclusive, the term “limited use elevator” or “limited application elevator” shall be defined as a power passenger elevator with a weight capacity that does not exceed 1,400 pounds, has a travel distance that does not exceed 25 feet and is not integrated with a fire detection system.”.
Budget Amendment ID: FY2017-S4-1107
EPS 1107
Holyoke Fire Department Narcan
Mr. Humason moved that the proposed new text be amended in section 2, in item 8324-0000, by adding at the end thereof the following “provided further that not less than $10,000 shall be expended for the city of Holyoke to purchase or offset the cost of purchasing Narcan”; and in said item by striking out the figure "$20,878,067" and inserting in place thereof the following figure: "$20,888,067"
Budget Amendment ID: FY2017-S4-1108
EPS 1108
National Guard Tuition and Fees
Messrs. Humason, O'Connor, Tarr and Ross moved that the proposed new text be amended in section 2, in item 8700-1150, by striking out the figures “$5,250,000” and inserting in place thereof the figures “$7,733,829”
Budget Amendment ID: FY2017-S4-1109
EPS 1109
Elevator Inspections
Ms. O'Connor Ives moved that the proposed new text be amended in section 41 by inserting after the words "provided, further, that." the following words:- "Section 65 of Chapter 143 of the Massachusetts General Laws as appearing in the 2014 Official Edition is hereby amended by striking the section in its entirety and inserting thereof the following: Section 65. If in the judgment of an inspector assigned by the commissioner that an elevator is safe, and if the elevator has been constructed in the manner required by law or by the regulations of the board of elevator regulations or the state building code, the inspector shall issue a certificate to that effect to the owner of the elevator or to the person in charge thereof, who shall post the certificate in a conspicuous place in or near the cab or car of such elevator. If such elevator is judged unsafe, the inspector shall immediately post conspicuously upon the entrance or door of the cab or car of such elevator, or upon the elevator, a notice of its dangerous condition, and shall prohibit the use of the elevator until it has been made safe to his satisfaction; provided, however, that said inspector shall also immediately notify the chief executive of the city or town wherein such unsafe condition exists. No person shall remove such notice or operate such elevator until the inspector has issued his certificate as aforesaid.
No elevator licensed under this chapter shall be operated without a valid inspection certificate. If a certificate has expired, no new certificate shall be issued until a new inspection has been completed and no elevator shall be operated until a new certificate has been issued by a qualified state inspector. Any fines shall be effective 20 days after expiration. The owner or operator of an elevator who fails to comply with this section shall be punished by a fine of $100 for each day that an elevator is in operation without a valid certificate. The commissioner or the commissioner's designee may waive all or a portion of the $100 per day fine and may promulgate rules and regulations establishing criteria used to determine whether the fine may be waived. For the purposes of this section, an elevator shall be deemed to be in operation unless it has been placed out of service or decommissioned in accordance with procedures approved by the board. Fines shall stop accruing on the date on which the owner or operator has, in writing or in any manner prescribed by the department, requested an inspection of the elevator by the department. For any unit that has a travel distance of 25 feet or less and is located in an owner-occupied single family residence in accordance with section 64, the maximum fine shall be $1,000. For all other units, the maximum fine shall be $10,000. The commissioner or the commissioner's designee, or any other person that the commissioner may specifically authorize, may issue a written notice of violation under section 21 of chapter 22 for a violation of this section.
The commissioner may assess a fee for appeals filed under this section which shall be determined by the secretary of administration and finance under section 3B of chapter 7.
The department shall notify owners three months before an inspection is due and also provide notice within 10 days of expiration.
Upon application for annual inspection, owners shall provide to the department a current mailing address for the location of the unit.”
Budget Amendment ID: FY2017-S4-1111-R1
Redraft EPS 1111
Fire Prevention, Training and Safety
Mr. Brady, Ms. Gobi, Messrs. O'Connor and Moore and Ms. L'Italien moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following: "provided further, that $1,200,000 shall be allocated by the department for the Student Awareness Fire Education program; provided further, that $50,000 shall be provide for the city of Quincy Fire Department hazardous material response team; provided further, that the amount allocated for the critical incident stress intervention programs and fire department training academics in said item 8324-0000 of said section 2 chapter 182 of the Acts of 2008 shall be allocated to each program in fiscal year 2017; provided further, that $400,000 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 the amount allocated for hazardous material response teams in said item 8324-0000 of said section 2 of said chapter 182 shall be allocated to each program in fiscal year 2017.", and in said item by striking out the figure "$20,878,067" and inserting in place thereof the following figure:-"$22,528,067".
Budget Amendment ID: FY2017-S4-1112
EPS 1112
Hampshire County Sheriff
Messrs. Humason and Downing and Ms. Gobi moved that the proposed new text be amended in section 2, in item 8910-0110, by striking out the figures "$14,065,578" and inserting in place thereof the figures "$15,449,548"
Budget Amendment ID: FY2017-S4-1113
EPS 1113
Wrentham Fire Department
Mr. Ross moved that the proposed new text be amended in section 2, in item 8324-0000, by adding at the end thereof the following:- “provided that not less than $10,000 shall be expended to the Wrentham Fire Department for the purchase of vehicle extraction devices”; and in said item, by striking out the figures “$20,878,067” and inserting in place thereof the figures “$20,888,067”
Budget Amendment ID: FY2017-S4-1114
EPS 1114
Bail Consideration
Messrs. Humason, O'Connor, Tarr and Ross moved that the proposed new text be amended Mr. Humason moves to amend the bill by inserting after section 49 the following section:-
“SECTION 49A. The sixth paragraph of section 57 of chapter 276 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following sentence:-“If the offence with which a prisoner is charged is a violation of sections 32 to 32K, inclusive, of chapter 94C, the court shall consider the estimated value of the controlled substances seized at the time of the person’s arrest.”.
Budget Amendment ID: FY2017-S4-1115
EPS 1115
Wiretapping for Drug Trafficking
Messrs. Tarr, Timilty, O'Connor and Fattman moved that the proposed new text be amended by inserting after Section__, the following new sections:-
Section__. Section 99 of Chapter 272 of the General Laws is amended, in the preamble thereof, by inserting the following new paragraph at the end thereof:-
“The annual court further finds that the sale and distribution of harmful drugs, even in the absence of organized crime, poses a serious and continuing threat to public health and safety, inflicting harm to individuals and families, and that to affectively address this threat law enforcement officials need to utilize every available tool to address this threat.”
Section__. Section 99 of Chapter 272 thereof is further amended by adding in subsection B, the following after the seventh paragraph:-
“7A. The term “designated offense” shall also include the trafficking of controlled substances, as defined in Section 1 of Chapter 94C of the General Laws.”
Budget Amendment ID: FY2017-S4-1116
EPS 1116
Regional Dispatch Loan Program
Ms. Gobi and Mr. Timilty moved that the proposed new text be amended by inserting, after section XX, the following new section:-
SECTION XX. Section 18B of Chapter 6A is hereby amended by adding the following new subsection:-
Subsection (n) The department shall develop a no-interest or low-interest loan program to assist Regional emergency communication centers, Regional PSAPs and Regional secondary PSAPs, as defined in section 18A of Chapter 6A, with the costs associated with the Executive Office of Public Safety and Security Comprehensive Statewide Radio Communications Network Strategy and Roadmap Project.
Budget Amendment ID: FY2017-S4-1117
EPS 1117
Berkshire Sheriff’s Office 911 Retained Revenue
Mr. Downing moved that the proposed new text be amended in section 2, in item 8910-0445, by striking out the figure "400,000" and inserting in place thereof the following figure:- "425,000".
Budget Amendment ID: FY2017-S4-1119
EPS 1119
Berkshire Sheriff’s Renewable Energy Project
Mr. Downing moved that the proposed new text be amended by inserting the following new section:-
“SECTION XXXX. Notwithstanding any general or special law to the contrary, the division of capital asset management and maintenance may grant a 1-year waiver or exemption from all applicable payments relating to the Berkshire sheriff’s office renewable energy project.
Budget Amendment ID: FY2017-S4-1120-R1
Redraft EPS 1120
Franklin County Opioid Task Force
Mr. Downing moved that the proposed new text be amended in section 2, in item 8910-0108, <w:p><w:r><w:t xml:space="preserve">by adding after the word "office" the following new language:
", provided that not less than $100,000 shall be expended for the Opioid Task Force of Franklin County and the North Quabbin Region."
and further move that the bill be amended in section 2, in item 8910-0108, by striking out the figure "$15,049,298" and inserting in its place thereof "$15,149,298".
Budget Amendment ID: FY2017-S4-1121
EPS 1121
State DNA Database Expansion
Messrs. Tarr, O'Connor and Fattman moved that the proposed new text be amended by inserting, after section__, the following new sections:-
“SECTION__. Section 3 of chapter 22E of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking the section in its entirety and inserting in place thereof following sections: -
(a) Any person who is convicted of an offense that is punishable by imprisonment in the state prison and any person adjudicated a youthful offender by reason of an offense that would be punishable by imprisonment in the state prison if committed by an adult shall submit a DNA sample to the department.
(b) Any person who is arrested by virtue of process, or is taken into custody by an officer and charged with the commission of: (i) an offense listed in clause (i) of subsection (b) of section 25 of chapter 279; or (ii) section 17 or section 18 of chapter 266, and who upon arrest has been arraigned pursuant to the applicable court rules under the Massachusetts Rules of Criminal Procedure, shall submit a DNA sample to the department.
(c) The trial court and probation department shall work in conjunction with the director to establish and implement a system for the electronic notification to the department whenever a person is required to submit a DNA sample under this section. The sample shall be collected by a person authorized under section 4 of this chapter subsequent to arraignment, in accordance with regulations or procedures established by the director. The results of such sample shall be made part of the state DNA database.
SECTION__. Section 11 of chapter 22E of the General Laws, as most recently amended by chapter 192 of the acts of 2014, is hereby further amended by striking the section in its entirety and inserting in place thereof the following section:-
Any person required to provide a DNA sample pursuant to this chapter and who fails to provide such DNA sample shall be subject to punishment by a fine of not more than $2,000 or imprisonment in a jail or house of correction for not more than six months, or both.
SECTION__. Section 12 of chapter 22E of the General Laws, as appearing in the 2014 Official Edition, is hereby amended, in line 6, by striking out the figure “$1,000” and inserting in place thereof the following figure:- “$2,000”; and further, in line 7, by striking out the words “six months” and inserting in place thereof the following:- 1 year.
SECTION__. Section 13 of chapter 22E of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking, in line 4, the figure “$1,000” and inserting in place thereof the following figure:- “$2,000”; and further, in line 5, by striking the words “six months” and inserting in place thereof the following:- 1 year.
SECTION__. Section 15 of chapter 22E of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following subsections:-
(b) The department shall destroy the DNA sample and any records of a person related to the sample that were taken in connection with a particular alleged designated crime if the sample was collected post-arraignment under subsection (b) of section 3, and any of the following occurs: the felony charge which required the DNA sample is downgraded to a misdemeanor by the prosecuting attorney upon a plea agreement or the person is convicted of a lesser offense that is a misdemeanor other than one constituting abuse as defined in section 1 of chapter 209A or a sex offense for which registration is required pursuant to sections 178C to 178P of chapter 6; (ii) the person is acquitted after a trial of the charges which required the taking of the DNA sample; or (iii) the charges which required the taking of the DNA sample are dismissed by either the court or the state after arraignment unless good cause is shown why the sample should not be destroyed.
(c) If the person has more than one entry in the state DNA database, CODIS, or the state DNA data bank, only the entry related to the dismissed case shall be deleted.
(d) The trial court and probation department shall work in conjunction with the director to establish and implement a system for the electronic notification to the department whenever a DNA sample is required to be destroyed pursuant to this section. The department shall notify the person upon destroying the DNA sample and completing its responsibilities under this subsection.
(e) If a DNA sample is matched to another DNA sample during the course of a criminal investigation, the record of the match shall not be expunged even if the sample itself is expunged in accordance with the provisions of this section.”
Budget Amendment ID: FY2017-S4-1122
EPS 1122
Suffolk County Sheriff's Department
Ms. Forry moved that the proposed new text be amended in section 2, in item 8910-8800, by striking out the figures "$107,104,655" and inserting in place thereof the figures "$115,120,000"
Budget Amendment ID: FY2017-S4-1124
EPS 1124
Engineering for Plainville Public Safety and Municipal Complex
Mr. Ross moved that the proposed new text be amended in section 2, in item 8000-0600, by adding at the end thereof the following:- “provided that not less than $50,000 shall be expended to the town of Plainville for public safety improvements”; and in said item, by striking the figures $2,948,906” and inserting in place thereof the figures “$2,998,906”
Budget Amendment ID: FY2017-S4-1125
EPS 1125
Juvenile Justice Data collection
Ms. Creem moved that the proposed new text be amended by inserting, after section __, the following 7 sections:-
SECTION __. The purpose of this provision is to ensure that the Commonwealth establishes systems to collect accurate, consistent, and comprehensive data on juveniles’ contacts with officials in the law enforcement and juvenile justice systems in order to improve comprehensive state planning as required by Title 42 of the United States Code, section 5633.
SECTION __. Definitions.
As used in this act, -
"contact" means any action or practice by law enforcement personnel or by any other official of the commonwealth or private service provider under contract or other agreement with the commonwealth, in dealing with a juvenile at any stage of the juvenile justice system including, but not limited to, the points of contact listed below in sections 4(a) –(i).
“juvenile” means a youth between the age of seven and seventeen and up to the age of 21 if the individual remains within the jurisdiction of the juvenile court or juvenile justice system, and children aged fourteen to seventeen who are charged with first or second degree murder pursuant to M.G.L.A. 119 § 74;
“alternative lock-up program” means a facility and/or program that provides for the physical care and custody of a youth being held by the police after an arrest and before an arraignment, and includes programs provided by the police, municipal, county or state government, as well as any contractor, vendor or service-provider working with such government entities.
“racial/ethnic category” means the socio-cultural racial and ethnic category of an individual as categorized in a manner that is consistent with the categories established and utilized by the Office of Juvenile Justice and Delinquency Prevention.
“type of crime” means category of crime into which the alleged or proven offense a youth has committed falls as categorized in a manner that is consistent with the categories established and utilized by the National Incident-Based Reporting System.
SECTION __. The Child Advocate shall create and update as may be appropriate an instrument to record statistical data at each point of contact identified in sections 4(a)-(i). This instrument shall, at minimum, include age, gender, race/ethnicity category, and type of crime. The child advocate shall give due regard to the census of juveniles when setting forth the race/ethnicity categories in the instrument. The Child Advocate shall consider providing guidance about the manner in which the race/ethnicity information is designated and collected, with consideration of the juveniles’ self-reporting of such categories. All Offices and Departments subject to this law shall use this instrument to record contacts.
SECTION __. (a) The department of state police, municipal police departments, Massachusetts Bay Transportation Authority police, any school-based police from a local education authority, and any contractor, vendor or service-provider working with such police including any alternative lock-up programs, shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year
(1) referral to and/or use of diversion programming;
(2) arrest; and
(3) pre-arraignment detention;
(b) Clerk magistrates shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year
(1) criminal complaint filed
(2) finding of probable cause;
(3) complaint issued;
(4) appeal to judge of the finding by the clerk magistrate; and
(5) complaint issued after appeal.
(c) The district attorneys shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year
(1) referral to and/or use of diversion programming;
(2) indictment as a youthful offender;
(3) dismissal of indictment/dismissal of indictment in exchange for other action; and
(4) prosecution in criminal court under M.G.L.A. ch. 119 § 74.
(d) The juvenile court department shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year
(1) arraignment as a delinquent
(2) arraignment as a youthful offender;
(3) referral to and/or use of diversion programming;
(3) pre-trial probation pursuant to M.G.L.A ch. 276 § 87;
(4) cases which are continued without a finding, M.G.L.A. ch. 278 § 18 and M.G.L.A. ch. 119 §58;
(5) adjudication as a delinquent;
(6) adjudication as a youthful offender;
(7) sentence to probation;
(8) commitment to the department of youth services pursuant to M.G.L.A. ch. 119 § 58;
(9) commitment to the department of youth services pursuant to M.G.L.A. ch. 279 s. 2 that are suspended;
(10) extension of commitments to the department of youth services pursuant to M.G.L.A. ch. 120 § §17,18 by consent or order;
(11) juvenile brought before the court on criminal and non-criminal violations of probation; and
(12) commitments to department of youth services following probation violation.
(e) The office of the commissioner of probation shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year
(1) referral to and/or use of diversion programming;
(2) supervision of pre-trial probation;
(3) supervision of continuances without a finding; and
(4) supervision of youth on probation;
(f) The department of youth services and any contractor, vendor or service provider working with said department including alternative lock-up programs shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year
(1) pre-trial detention;
(2) commitment;
(3) level of care including, but not limited to,
a. “hardware,” secure;
b. staff secure;
c. residential; and
d. community placement;
(4) notice of revocation of grants of conditional liberty;
(5) hearing on grants of conditional liberty;
(6) youth placed in secure for violation of conditions of liberty;
(7) extensions of commitments pursuant to M.G.L.A. ch. 120 § §17,18 sought by the department of youth services; and
(8) extensions pursuant to M.G.L.A. ch. 120 § §17,18 by consent or order.
(g) The superior court shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year
(1) arraignment for murder in the first degree and murder in the second degree; and
(2) convictions.
(h) The department of correction and each sheriff’s department shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year
(1) prearraignment detention;
(2) pretrial detention;
(3) post-disposition confinement of youthful offenders; and
(4) post-conviction confinement for Murder.
(i) The parole board shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year
(1) grant of parole;
(2) supervision of parole; and
(3) revocation of parole.
SECTION __. (a) The Executive Office of Public Safety and Security shall be responsible for assembling the data collected by the below offices and departments on an annual basis. The collected data for each fiscal year shall be published on the Executive Office of Public Safety and Security Website, filed with the clerks of the Massachusetts House and Senate and provided to the Office of the Child Advocate no later than 90 days after the end of that fiscal year. The first such report shall be submitted by December 31, 2016.
a. The Commissioner of the Department of Correction
b. Sheriffs of each County;
c. The Parole Board;
d. The Department of the State Police;
e. Municipal police departments;
f. The Massachusetts Bay Transportation Authority Police;
g. School based police from any local education authority;
h. Alternative Lock-up Programs; and
i. any other contractor, vendor or service provider working with school based or other police officers.
(b) The Attorney General shall be responsible of assembling data collected by District Attorney’s Offices on an annual basis. The collected data for each fiscal year shall be published on the Attorney General’s website, filed with the clerks of the Massachusetts House and Senate and provided to the Office of the Child Advocate no later than 90 days after the end of that fiscal year. The first such report shall be submitted by December 31, 2016.
(c) The Chief Justice for Administration and Management shall be responsible for assembling data collected by judicial officers and court personnel including the Commissioner of Probation, judicial officers and court personnel, and the Executive Director of Community Correction. The data shall be collected on an annual basis. The collected data for each fiscal year shall be published on the Supreme Judicial Court’s website, filed with the clerks of the Massachusetts House and Senate and provided to the Office of the Child Advocate no later than 90 days after the end of that fiscal year. The first such report shall be submitted by December 31, 2016.
d) The Executive Office for Human Services shall be responsible for assembling data collect by the Commissioner of the Department of Youth Services and all department personnel, contractors or vendors working with the Department. The data shall be collected on an annual basis. The collected data for each fiscal year shall be published on the Office’s website, filed with the clerks of the Massachusetts House and Senate and provided to the Office of the Child Advocate no later than 90 days after the end of that fiscal year. The first such report shall be submitted by December 31, 2016.
SECTION __. Any individual data described or acquired under the provisions of this chapter shall be used only for statistical purposes and may not be disseminated if it contains data that reveal the identity of an individual who had contact with the juvenile justice system within the meaning of this chapter.
SECTION __. The annual Juvenile Justice Contact Data Reports from the Executive Offices of Public Safety and Security, Attorney General, Chief Justice for Administration and Management and Executive of Office of Human Services shall be public records.
Budget Amendment ID: FY2017-S4-1126
EPS 1126
Heath Safety Complex
Mr. Downing moved that the proposed new text be amended by adding after line item 1599-7104 the following new line item,
"XXXXXXXX.... for the construction of a public safety complex in the Town of Heath......................... $2,000,000"
Budget Amendment ID: FY2017-S4-1127-R2
2nd Redraft EPS 1127
Gloucester High Risk Drug Task Force
Mr. Tarr moved that the proposed new text be amended in section 2, in item 4512-0200, by inserting at the end thereof the following:- “provided that not less than $75,000 shall be expended for the operations of the Gloucester High Risk Task Force sponsored by the Healthy Gloucester Collaborative; provided further, that of the said $75,000, not less than $20,000 shall be expended for a regional pilot program of providing transportation vouchers in coordination with Cape Ann Transportation Authority to facilitate transportation to treatment for those with drug addiction."
and further moves to amend by inserting in the same item, the following:-"provided further, that not less than $50,000 shall be expended for the development, implementation, monitoring and documentation of a pilot program in the town of Wilmington whereby the municipal police department develops intervention methods with families who have members suffering from addiction in collaboration with an institution of higher learning", and in said item by striking out the figure “$122,813,988” and inserting in place thereof the following figure:- “$122,938,988”.
Budget Amendment ID: FY2017-S4-1128
EPS 1128
Assistant District Attorney Salaries
Mr. Downing moved that the proposed new text be amended in section 2, by inserting after item 0340-2100 the following item:-
XXXX-XXXX For 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 in the commonwealth such that the resulting minimum annual salary for an assistant district attorney exceeds $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…………………………………………………………………………….. $3,000,000”