Amendment #1235 to H4400

Municipal Police Training Fund

Representatives Linsky of Natick, Cahill of Lynn, Rogers of Cambridge, DiZoglio of Methuen, Barrows of Mansfield, McKenna of Webster, Zlotnik of Gardner, Lawn of Watertown, Jones of North Reading, Peake of Provincetown, Kuros of Uxbridge, Gordon of Bedford, Hay of Fitchburg, Benson of Lunenburg, Walsh of Framingham, Farley-Bouvier of Pittsfield, Dooley of Norfolk, Poirier of North Attleborough, Vieira of Falmouth, Dykema of Holliston, Crocker of Barnstable, D'Emilia of Bridgewater, McMurtry of Dedham, Schmid of Westport, Kafka of Stoughton, DuBois of Brockton, Cusack of Braintree, Pignatelli of Lenox, Ashe of Longmeadow, Rogers of Norwood, Murray of Milford, Howitt of Seekonk, Puppolo of Springfield, Gifford of Wareham, Ultrino of Malden, Ehrlich of Marblehead, Scibak of South Hadley, Muratore of Plymouth, Garlick of Needham, Garry of Dracut, Higgins of Leominster, Muradian of Grafton, Orrall of Lakeville, Durant of Spencer, Parisella of Beverly, Fiola of Fall River, Kane of Shrewsbury, Straus of Mattapoisett, Kelcourse of Amesbury, Naughton of Clinton, Ryan of Boston, Dwyer of Woburn, Gentile of Sudbury, Goldstein-Rose of Amherst, Campanale of Leicester, Hogan of Stow, Koczera of New Bedford, Lewis of Framingham, Cassidy of Brockton, Ferrante of Gloucester, Stanley of Waltham, Velis of Westfield, Harrington of Groton, Galvin of Canton, Walsh of Peabody, Matias of Lawrence, Hunt of Boston, Berthiaume of Spencer, Whelan of Brewster, Markey of Dartmouth, McGonagle of Everett, Gregoire of Marlborough, Brodeur of Melrose, Day of Stoneham, Ferguson of Holden and Fernandes of Falmouth move to amend the bill by adding the following three sections:

"SECTION XXXX There is hereby established a police training vehicle rental contract fee of $2 imposed upon each vehicular rental transaction contract in the Commonwealth. Said fee shall be in accordance with the provisions of M.G.L. Chapter 90 Section 32E ¾ and shall be deposited in the Municipal Police Training Fund. Said vehicle contract fee shall not apply to transportation network companies nor for rental periods less than 12 hours that are charged on an hourly basis.

Except as hereinafter provided, the police training vehicle rental contract fee shall take effect on the first day of the calendar quarter following 30 days after the effective date of this act. All receipts from such fee shall be applied solely as provided in this act.

SECTION XXXX (a) There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Municipal Police Training Fund, consisting of amounts credited to the fund in accordance with this section. The fund shall be administered in accordance with the provisions of this act by the state treasurer and shall be held in trust exclusively for the purposes and the beneficiaries described herein. The state treasurer shall be treasurer-custodian of the fund and shall have the custody of its monies and securities.

(b) Subject to the provisions of this section, commencing on the first day of the first full calendar month following 30 days after the effective date of this act, the following receipts, together with investment earnings thereon, as "special receipts", shall be credited to, and deposited by the state treasurer in, the Municipal Police Training Fund and used in accordance with this section:

(i) all receipts from the police training vehicle rental contract fee imposed by this section;

(ii)all receipts from the fees imposed and collected pursuant to Section 20 of Chapter 90 as amended by section 79 of Chapter 38 of the Acts of 2013, said amounts previously having been deposited into the Public Safety Training Fund established in section 2JJJJ of chapter 29.

(c) Expenditures from the Municipal Police Training Fund shall be made for the following purposes:

(i) to fund the operating expenses of the Municipal Police Training Committee (MPTC), defined as an agency of the Executive Office of Public Safety and Security (EOPSS), which serves the Commonwealth by establishing training standards for and by providing training programs to more than 20,000 professional men and women who serve as police officers throughout the Commonwealth;

(ii) to provide funding for basic recruit training for new police officers;

(iii) to provide funding for mandatory in-service training for veteran police officers;

(iv) to provide funding for specialized training for veteran police officers and reserve/intermittent police officers; and

(v) to provide funding for the basic training program for reserve/intermittent police officers.

(d) the Secretary of the Executive Office of Public Safety and Security, no later than December first of each year, shall submit a proposed funding schedule for the MPTC to the Governor and the House and Senate Ways and Means Committee for the following fiscal year. Such schedule shall (i) estimate the full cost of operating the MPTC and the complete array of training programs for municipal police in the Commonwealth, (ii) estimate how much funds will be generated from the police training vehicle rental contract fee and all receipts from the fees imposed and collected pursuant to Section 20 of Chapter 90 as amended by section 79 of Chapter 38 of the Acts of 2013, and (ii) make recommendations for any additional funding necessary to fully fund the operations of the MPTC in the event the funds generated from subsections b(i) and b(ii) do not cover the anticipated costs detailed in (i).

SECTION XXXX Section 20 of Chapter 90 of the General Laws is hereby amended by striking the last paragraph and inserting in place there of the following new paragraph: --

"There shall be a surcharge of $5 on a fine assessed against a person convicted of or found responsible for a motor vehicle violation pursuant to this chapter or a violation of a special regulation lawfully made under the authority of this chapter. The surcharge shall be transferred by the registrar of motor vehicles to the state treasurer for deposit into the Municipal Police Training Fund established pursuant to Section ___."

Additional co-sponsor(s) added to Amendment #1235 to H4400

Municipal Police Training Fund