Amendment #1 to H4516

Commemorating Sean Gannon

Representatives Whelan of Brewster, Crocker of Barnstable, Vieira of Falmouth and Hunt of Boston move to amend the bill by striking the bill in its entirety and inserting in place thereof the following:-

“SECION 1. This act shall be known as the Sean Gannon Act

SECTION 2. Section 35EEE of chapter 10 of the General Laws, inserted by section 14 of chapter 69 of the acts of 2018, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) The fund shall consist of: (i) funds transferred from the Marijuana Regulation Fund established in section 14 of chapter 94G; (ii) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (iii) interest earned on money in the fund; (iv) funds from private sources including, but not limited to, gifts, grants and donations received by the commonwealth that are specifically designated to be credited to the fund; (v) revenues, up to $10,000,000 in a calendar year, collected from the surcharge imposed by section 32E5⁄8 of chapter 90; and (vi) funds transferred from the Public Safety Training Fund for the municipal police training committee, pursuant to section 2JJJJ of chapter 29. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund. The secretary shall annually report the activity of the fund to the clerks of the house of representatives and the senate and the house and senate and committees on ways and means not later than December 31.

SECTION 3. Said section 35EEE of said chapter 10, as so inserted, is hereby further amended by adding the following subsection:-

(d) The executive office of public safety and security shall file an annual report, not later than December 1, with the house and senate committees on ways and means detailing the following: (i) the full cost of operating the municipal police training committee; (ii) the total number of staff employed by the municipal police training committee; (iii) the revenue generated in the prior fiscal year from the police training surcharge imposed by section 32E5/8 of chapter 90; (iv) the total funds transferred from the Marijuana Regulation Fund to the fund; (v) the total funds transferred from the Public Safety Training Fund; (vi) the total fees paid to the municipal police training committee by each municipality; (vii) any funds paid to the municipal police training committee by private sources; (viii) any funds remaining in the fund at the end of each fiscal year; (ix) participation rates for each training program offered by the municipal police training committee, broken down by types of trainees; (x) average cost for each trainee to participate in a training; (xi) the number of trainees per municipality; and (xii) recommendations to promote efficiency in the management of annual total revenue received by the municipal police training committee, including funds received by the Public Safety Training Fund from the surcharge imposed by section 12 of chapter 89 and section 20 of chapter 90.

SECTION 4. Chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 32E¾ the following section:-

Section 32E5/8. (a) There shall be a police training surcharge of $2 imposed upon each vehicular rental transaction contract in the commonwealth. The surcharge shall be in accordance with section 32E¾ and shall be deposited in the Municipal Police Training Fund established in section 35EEE of chapter 10; provided, however, that not more than $10,000,000 collected from the surcharge in a calendar year shall be deposited into the fund; and provided further, that any amount collected from the surcharge above $10,000,000 in a calendar year shall be deposited into the General Fund. The surcharge shall not apply to transportation network companies or to rental periods of less than 12 hours that are charged on an hourly basis.

SECTION 5. This act shall take effect on January 1, 2019.”