Public Safety Amendments

Budget Amendment ID: FY2019-S4-1018

EPS 1018

Fire Department Extractor Bulk Purchasing Program

Messrs. Feeney, Lewis, Moore and Eldridge, Ms. Gobi, Messrs. Keenan, Timilty and Crighton, Ms. L'Italien, Messrs. Tarr, DiDomenico, O'Connor, Welch, Montigny and Tran and Ms. Creem moved that the proposed new text be amended in section 2, in item 8324-0304, the following item:

"xxxx-xxxx For the Extractor Bulk Purchase Trust Fund pursuant to section xx of this act, provided, that no more than 5% of said funds shall be expended on administration..................................................$420,000”;

And by adding the following section:

SECTION XX. Chapter 29 of the General Laws is hereby amended by inserting after section 2VVVV, the following section:-

"Section 2WWWW. (a) There shall be an Extractor Bulk Purchase Trust Fund to be administered and expended by the state fire marshal for the Extractor bulk purchase program. Municipalities and fire districts may join the program to purchase Extractors, extractor installation equipment, and detergent dispensers for municipal fire departments or fire districts. The department of fire services, hereinafter referred to as the department, shall assist with the purchasing and distribution of extractors, extractor installation equipment, detergent dispensers, and with administering the program’s price reductions and grant allocations for extractors, extractor installation equipment, detergent dispensers, and with ensuring that the contracts for the extractors and dryers purchased meet quality standards that may include extended warranties and service guarantees and training on the use of the extractor.

(b) The fund shall consist of: (i) payments made by participating municipalities and fire districts for the purchase of extractors, extractor installation equipment, and detergent dispensers; (ii) revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund; and (iii) funds from public or private sources, including, but not limited to, gifts, grants, donations, rebates and settlements received by the commonwealth that are specifically designated to be credited to the fund. Funds received under clauses (ii) or (iii) shall be apportioned in a manner determined by the department and shall be applied to provide price reductions for participating municipalities and districts purchasing industrial washing machines through the program, and grants to participating and non-participating municipalities and fire districts to purchase extractors, extractor installation equipment, and detergent dispensers through the program.

(c) Amounts credited to the fund shall not be subject to further appropriation and monies remaining in the fund at the end of a fiscal year shall not revert to the General Fund. The state fire marshal shall report annually not later than October 1 to the house and senate committees on ways and means on the fund’s activity. The report shall include, but not be limited to, revenue received by the fund, revenue and expenditure projections for the forthcoming fiscal year and details of all expenditures from the fund, the municipalities and fire districts participating in the program, the number of extractors purchased by each municipality and fire district, and the discount procured through bulk purchasing.

Budget Amendment ID: FY2019-S4-1018-R1

Redraft EPS 1018

Fire Department Extractor Bulk Purchasing Program

Messrs. Feeney, Lewis, Moore and Eldridge, Ms. Gobi, Messrs. Keenan, Timilty and Crighton, Ms. L'Italien, Messrs. Tarr, DiDomenico, O'Connor and Welch moved that the proposed new text be amended in section 2, by adding the following item:-

“xxxx-xxxx For the Extractor Bulk Purchase Trust Fund established by section 2AAAAA of chapter 29 of the General Laws; provided, that not more than 5 per cent of the funds shall be expended on administration..................................................$420,000”; and

by inserting after section 12 the following section:-

“SECTION 12A. Chapter 29 of the General Laws is hereby amended by inserting after section 2ZZZZ the following section:-

Section 2AAAAA. (a) There shall be an Extractor Bulk Purchase Trust Fund. The fund shall be administered and expended by the state fire marshal for the extractor bulk purchase program. Municipalities and fire districts may join the program to purchase extractors, dryers, extractor installation equipment and detergent dispensers for municipal fire departments and fire districts. The department of fire services shall assist with the purchasing and distribution of extractors, dryers, extractor installation equipment and detergent dispensers on behalf of the program, with administering the program’s price reductions and grant allocations for extractors, dryers, extractor installation equipment and detergent dispensers and with ensuring that contracts for the purchase of extractors and dryers meet quality standards that may include, but shall not be limited to, extended warranties, service guarantees and training on the use of the extractor or dryer.

(b) The fund shall consist of: (i) payments made by participating municipalities and fire districts for the purchase of extractors, dryers, extractor installation equipment and detergent dispensers; (ii) revenue from appropriations or other funds authorized by the general court and specifically designated to be credited to the fund; and (iii) funds from public or private sources including, but not limited to, gifts, grants, donations, rebates and settlements received by the commonwealth that are specifically designated to be credited to the fund. Funds received under clauses (ii) or (iii) shall be apportioned in a manner to be determined by the department of fire services and shall be applied to provide: (1) price reductions for participating municipalities and fire districts purchasing extractors, dryers, extractor installation equipment and detergent dispensers through the program; and (2) grants to participating and nonparticipating municipalities and fire districts to purchase extractors, dryers, extractor installation equipment and detergent dispensers through the program.

(c) Amounts credited to the fund shall not be subject to further appropriation and money remaining in the fund at the end of a fiscal year shall not revert to the General Fund. Annually, not later than October 1, the state fire marshal shall report to the house and senate committees on ways and means on the fund’s activity. The report shall include, but not be limited to: (i) revenue received by the fund; (ii) revenue and expenditure projections for the next fiscal year; (iii) details of all expenditures from the fund; (iv) the municipalities and fire districts participating in the program; (v) the number of extractors, dryers, extractor installation equipment and detergent dispensers purchased by each municipality and fire district; and (vi) the discount procured through bulk purchasing.”.

Budget Amendment ID: FY2019-S4-1019

EPS 1019

Wellesley Protective Gear

Ms. Creem and 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 further, that not less than $24,000 shall be expended for protective gear for EMS responders in Wellesley”; and by deleting the figures “$24,291,145“ and inserting in place thereof the figures “$24,315,145“

Budget Amendment ID: FY2019-S4-1021

EPS 1021

Barnstable County Sheriff's Office

Messrs. deMacedo and Cyr moved that the proposed new text be amended in section 2, in item 8910-8200, by striking the figures "$29,348,283" and inserting in place thereof the figures "$30,102,700".

Budget Amendment ID: FY2019-S4-1022

EPS 1022

Mobile Dewatering Pump

Mr. O'Connor moved that the proposed new text be amended in section 2, in item 8324-0000, by inserting at the end the following:-

“and provided further that $40,000 shall be expended for the town of Scituate to purchase a mobile de-watering pump for shared use between the Scituate, Duxbury, and Marshfield fire departments to have independent means to aid flooded properties”

Budget Amendment ID: FY2019-S4-1023

EPS 1023

Disability Law Center Bridgewater Monitoring

Ms. Creem, Ms. Friedman and Ms. L'Italien 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 the Department of Corrections shall expend $125,000 for monitoring the efficacy of service delivery reforms at Bridgewater State Hospital by the Disability Law Center. The Disability Law Center shall report on the impact of these reforms on the patients at Bridgewater State Hospital to the Joint Committee on Mental Health Substance Use and Recovery, the Joint Committee on the Judiciary, the House and Senate Committees on Ways and Means, the Speaker of the House of Representatives and the President of the Senate at least every six months.”

Budget Amendment ID: FY2019-S4-1023-R1

Redraft EPS 1023

Disability Law Center Bridgewater Monitoring

Ms. Creem, Ms. Friedman and Ms. L'Italien 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 the Department of Corrections shall expend $75,000 for monitoring the efficacy of service delivery reforms at Bridgewater State Hospital by the Disability Law Center. The Disability Law Center shall report on the impact of these reforms on the patients at Bridgewater State Hospital to the Joint Committee on Mental Health Substance Use and Recovery, the Joint Committee on the Judiciary, the House and Senate Committees on Ways and Means, the Speaker of the House of Representatives and the President of the Senate at least every six months.”

Budget Amendment ID: FY2019-S4-1023-R2

2nd Redraft EPS 1023

Disability Law Center Bridgewater Monitoring

Ms. Creem, Ms. Friedman and Ms. L'Italien 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 the department of correction shall expend $75,000 for monitoring the efficacy of service delivery reforms at Bridgewater state hospital by Disability Law Center, Inc.; provided further, that not less than once every 6 months, Disability Law Center, Inc. shall report on the impact of these reforms on the patients at Bridgewater state hospital to the joint committee on mental health substance use and recovery, the joint committee on the judiciary, the house and senate committees on ways and means, the speaker of the house of representatives and the president of the senate”; and

in said section 2, in said item 8900-0001, by striking out the figure “625,104,903” and inserting in place thereof the following figure:- “625,179,903”.

Budget Amendment ID: FY2019-S4-1024

EPS 1024

Humarock Fire Station

Messrs. O'Connor and Tarr moved that the proposed new text be amended in section 2, in item 8324-0000, by inserting at the end the following:-

“and provided further that $100,000 shall be allocated to the fire department in the town of Scituate for structural improvements to the Scituate Fire Station 4 at Humarock”

Budget Amendment ID: FY2019-S4-1025

EPS 1025

Wrentham Public Safety Communications Project

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 further, that not less than $200,000 shall be expended to the Town of Wrentham to improve radio communications in the town’s west end for the town’s police, fire and public works departments;” and in said item, by striking the figures “$2,714,115” and inserting in place thereof the figures “$2,914,115”

Budget Amendment ID: FY2019-S4-1026

EPS 1026

Lynn Police Safety Equipment

Mr. Crighton moved that the proposed new text be amended in section 2, in item 8000-0600, by adding at the end thereof the following words:- "provided further, that not less than $40,000 shall be expended for the purchase of safety equipment for the Lynn Police Department"; and in said item 8000-0600, by striking out the figure "$2,714,115" and inserting in place thereof the following figure:- "$2,754,115"

Budget Amendment ID: FY2019-S4-1027

EPS 1027

Lynn Police Department Behavioral Health Unit

Mr. Crighton moved that the proposed new text be amended in section 2, in item 8000-0600, by adding at the end thereof the following words:- "; 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 8000-0600, by striking out the figure "$2,714,115" and inserting in place thereof the following figure:- "$2,864,115"

Budget Amendment ID: FY2019-S4-1028

EPS 1028

Plainville Police Electronic Fingerprinting

Mr. Ross moved that the proposed new text be amended in section 2, in item 8100-1001, by adding at the end thereof the following:- “provided further, that not less than $50,000 shall be expended to the Town of Plainville to establish electronic fingerprinting at the Plainville Police Station;” and in said item, by striking the figures “$281,420,645” and inserting in place thereof the figures “$281,470,645”

Budget Amendment ID: FY2019-S4-1029

EPS 1029

Prison Mitigation

Messrs. Eldridge, Feeney, Ross, Barrett, deMacedo and Pacheco and Ms. L'Italien moved that the proposed new text be amended in section 2, in item 8900-0001, by inserting after the words "housed by the department of correction" the following:-

; 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; provided further, that of the $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 in said item, by striking out the figure "$625,104,903" and inserting in place thereof the following figure:- "$627,304,903".

Budget Amendment ID: FY2019-S4-1030

EPS 1030

Battery Operated Jaws of Life

Mr. Crighton moved that the proposed new text be amended in section 2, in item 8324-0000, by adding at the end thereof the following words:- "; provided further that not less than $50,000 shall be expended for the purchase of a battery operated 'Jaws of Life' for the Fire Department in the Town of Saugus"; and

In said section 2, in said item 8324-0000, by striking out the figure "$24,291,145" and inserting in place thereof the following figure:- "$24,341,145"

Budget Amendment ID: FY2019-S4-1031

EPS 1031

State Police Directed Patrols

Messrs. Crighton, Keenan and Collins 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 2018; 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 section 2, in said item 8100-1001, by striking out figure “$281,420,645" and inserting in place thereof the following figure:-"$282,570,645”

Budget Amendment ID: FY2019-S4-1032

EPS 1032

Assault and Battery Against a Police Officer

Messrs. deMacedo, Tarr, Humason and O'Connor moved that the proposed new text be amended by inserting the following section:-

"SECTION XX. Chapter 265 of the General Laws is hereby amended by inserting after section 15F the following new section:- "Section 15G. (a) As used in this section, “law enforcement officer” shall mean any officer of a municipal police department, the department of the state police or the Massachusetts Bay Transportation Authority police department. (b) Whoever commits an assault or an assault and battery upon a law enforcement officer by discharging a firearm, rifle, shotgun, sawed-off shotgun, assault weapon, or covert weapon while said officer is engaged in the performance of duties, and who knows or has reason to know that the individual is a law enforcement officer shall be punished by a term of imprisonment not less than 10 years up to life imprisonment in the state prison. No sentence imposed under the provisions of this paragraph shall be suspended nor shall it be for less than a mandatory minimum term of imprisonment of 10 years and a fine of not more than $150,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file."

Budget Amendment ID: FY2019-S4-1032-R1

Redraft EPS 1032

Assault and Battery Against a Police Officer

Messrs. deMacedo, Tarr, Humason, O'Connor, Ross, Timilty and Tran moved that the proposed new text be amended by inserting after section 27 the following section:-

“SECTION 27A. Chapter 265 of the General Laws is hereby amended by inserting after section 15F the following section:-

Section 15G. (a) As used in this section, “law enforcement officer” shall mean an officer of a local police department, the department of the state police or the Massachusetts Bay Transportation Authority police department.

(b) Whoever commits an assault or an assault and battery on a law enforcement officer: (i) with the intent to commit murder; (ii) by discharging a firearm, rifle, shotgun, sawed-off shotgun, machine gun or assault weapon; (iii) while the law enforcement officer is engaged in the performance of official duties; and (iv) with knowledge or reason to know that the victim is a law enforcement officer, shall be punished by imprisonment in the state prison for not less than 10 years and not more than 30 years. No sentence imposed under this paragraph shall be for less than a mandatory minimum term of imprisonment of 10 years, and a fine of not more than $150,000 may be imposed, but not in lieu of the mandatory minimum term of imprisonment established by this section. Prosecutions commenced under this section shall not be continued without a finding nor placed on file.”.

Budget Amendment ID: FY2019-S4-1033

EPS 1033

Pedestrian Safety Improvements

Messrs. Ross and Rush 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 $200,000 shall be expended for public safety improvements in Needham;” and in said item, by striking the figures “$2,714,115” and inserting in place thereof the figures “$2,914,115”

Budget Amendment ID: FY2019-S4-1034

EPS 1034

Office of the Chief Medical Examiner

Messrs. Keenan, Humason, Ross, Moore, O'Connor, Cyr, Tran and Tarr, Ms. Gobi, Messrs. Fattman, Brownsberger, deMacedo and Brady moved that the proposed new text be amended in section 2, in item 8000-0105, by striking out the figure “$10,124,101” and inserting in place thereof the following figure:- “$11,874,101”

Budget Amendment ID: FY2019-S4-1035

EPS 1035

Laboratory Testing of Cocaine

Messrs. Keenan, O'Connor, Timilty, Tarr, deMacedo, Fattman, Brady, Ross, Moore and Rush and Ms. Gobi moved that the proposed new text be amended by inserting after section ___ the following section:-

SECTION _. Class B of section 31 of chapter 94C of the General Laws, as most recently amended by chapter 69 of the acts of 2018, is hereby further amended by striking out clause (4) of subsection (a) and inserting in place thereof the following clause:-

(4) Coca leaves, and the salts, optical and geometric isomers and salts of isomers, excluding coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; of cocaine, ecgonine, pseudococaine, allococaine and pseudoallococaine, their derivatives, their salts, isomers and salts of their isomers; or any compound, mixture, or preparation which contains any quantity of any of the substances referred to in this paragraph.

Budget Amendment ID: FY2019-S4-1036

EPS 1036

Department of Fire Services

Messrs. Rush, Eldridge, Moore, Feeney, Crighton and Tarr, Ms. Gobi, Mr. O'Connor, Ms. L'Italien, Messrs. Cyr and DiDomenico moved that the proposed new text be amended in section 2, in item 8324-0000, by striking out the figures “$24,291,145” and inserting in place thereof the following figures:- “$24,741,145”

Budget Amendment ID: FY2019-S4-1037

EPS 1037

National Guard Operations

Messrs. Rush, Tarr and O'Connor moved that the proposed new text be amended in section 2, in item 8700-0001, by striking out the figures “$10,084,165” and inserting in place thereof the following figures:- “$10,334,165”

Budget Amendment ID: FY2019-S4-1038

EPS 1038

Home of the Brave

Messrs. Rush, Timilty, Tarr and O'Connor moved that the proposed new text be amended in section 2, in item 8700-0001, by adding the following:- “provided further, that not less than $50,000 shall be expended for the Massachusetts Veterans Oral History Project to be conducted by Home of the Brave, Inc., in conjunction with the Massachusetts National Guard Museum and Archives; and in said item by striking out the figures “$10,084,165” and inserting in place thereof the figures:-“10,134,165”

Budget Amendment ID: FY2019-S4-1039

EPS 1039

Plymouth County Emergency Radio Services

Messrs. deMacedo, Brady, Keenan, Timilty and O'Connor moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following:- “; and provided further, that not less than $100,000 shall be expended for the Fire Chiefs’ Association of Plymouth County, Inc. to develop and upgrade the emergency radio communications system in Plymouth County”; and in said item by striking out the figure "$24,291,145" and inserting in place thereof the following figure:- "$24,391,145".

Budget Amendment ID: FY2019-S4-1040

EPS 1040

Maynard Fire Station Improvements

Mr. Eldridge 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 not less than $100,000 shall be expended to the town of Maynard for fire station improvements";

and in said item by striking out the figure "24,291,145" and inserting in place thereof the following figure:- "$24,391,145".

Budget Amendment ID: FY2019-S4-1041

EPS 1041

Bay State Correctional Center Feasibility Study

Mr. Ross 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 not less than $10,000 shall be allocated for a study to be performed to determine the feasibility of transforming the former Bay State Correctional Center in the Town of Norfolk into a full time police training facility;” and in said item, by striking the figures “$625,104,903” and inserting in place thereof the figures “$625,114,903”

Budget Amendment ID: FY2019-S4-1042

EPS 1042

Resolve to Stop the Violence Program

Messrs. Eldridge and Brownsberger, Ms. Creem, Messrs. Lewis and Humason, Ms. Friedman, Messrs. Ross, Barrett, Hinds, Moore, Feeney, Keenan and Welch, Ms. L'Italien, Messrs. Tarr, Collins, DiDomenico, Boncore, Cyr, Fattman and Brady moved that the proposed new text be amended in section 2, in item 8900-0001, by inserting after the words “subject to solitary confinement” the following:-

“; provided further, that not less than $300,000 be expended for a re-entry pilot program at Massachusetts Correctional Institution Norfolk intended to reduce recidivism rates using cognitive behavioral therapy; provided further, that the department shall report to the house and senate committees on ways and means no later than July 21, 2021 on the re-entry pilot program, including, but not limited to, information on the program and the recidivism rate of the offenders who successfully complete the program”;

and by striking out the figure "625,104,903" and inserting in place thereof the following figure:- "$625,404,903".

Budget Amendment ID: FY2019-S4-1043

EPS 1043

Millis Public Safety Pickup Truck

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 further, that not less than $30,000 shall be expended to the Town of Millis for the purchase of a pickup truck for the town’s public safety departments;” and in said item, by striking the figures “$2,714,115” and inserting in place thereof the figures “$2,744,115”

Budget Amendment ID: FY2019-S4-1044

EPS 1044

DOC Re-entry Higher Ed Programs

Ms. Creem, Messrs. Barrett, Brownsberger, Eldridge and Feeney moved that the proposed new text be amended in section 2, in item 8900-1100, by adding the following words:- “provided further, that not less than $80,000 shall be expended for the department of correction to cover costs associated with coordinating and supporting partnerships with higher education institutions that provide post-secondary education programs in state prisons”; and

in Section 2, in item 8900-1100, by striking out the figure “$375,000” and inserting in place thereof the following figure:- “$455,000”

Budget Amendment ID: FY2019-S4-1045

EPS 1045

Leominster Substance Abuse Task Force and Outreach Program

Mr. Tran moved that the proposed new text be amended in section 2, in item 4512-0200, by adding at the end the following: provided further, that not less than $50,000 shall be expended on the Leominster Police Department Substance Abuse Task Force & Outreach Program;" and in said item by striking out the figures "$141,783,457" and inserting in place thereof the figures "$141,833,457.

Budget Amendment ID: FY2019-S4-1046

EPS 1046

Leominster Domestic Violence Liason

Mr. Tran moved that the proposed new text be amended in section 2, in item 4513-1130, by adding the following: "and provided further, that not less than $25,000 shall be expended on the Leominster Police Department domestic violence liaison position;" and in said item by striking out the figures "$37,111,883" and inserting in place thereof the figures "$37,136,883."

Budget Amendment ID: FY2019-S4-1047

EPS 1047

Westminster Feasability Study for Public Safety

Mr. Tran 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 $50,000 shall be expended to the Town of Westminster for a feasibility study to develop programming for their public safety facility." and in said item by striking out the figures "2,714,115" and inserting in place thereof the figures "2,764,115"

Budget Amendment ID: FY2019-S4-1048

EPS 1048

Service Dogs For Veterans

Messrs. Tran and Timilty, Ms. Gobi and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 1410-0010, by adding the following: "that not less than $85,000 shall be expended for the NEADS Assistance Dogs for Veterans program to train service dogs for veterans”.

Budget Amendment ID: FY2019-S4-1049

EPS 1049

Montachusett Veterans Outreach Center Women’s Housing Program

Mr. Tran, Ms. Gobi, Mr. O'Connor and Ms. L'Italien moved that the proposed new text be amended in section 2, in item 1410-0012, 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 figures “$4,556,641” and inserting in place thereof the figures “$4,680,641

Budget Amendment ID: FY2019-S4-1051

EPS 1051

Plainville Fire Department Extrication Tool

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 further, that not less than $10,000 shall be expended to the Town of Plainville for the purchase of an extrication tool for the Plainville Fire Department;” and in said item, by striking the figures “$2,714,115” and inserting in place thereof the figures “$2,724,115”

Budget Amendment ID: FY2019-S4-1052

EPS 1052

Quincy Fire Department Hazardous Material Response Team

Messrs. Keenan, Moore and Timilty and Ms. L'Italien moved that the proposed new text be amended in section 2, in item 8324-0000, be amended in section 2, in item 8324-0000,

by adding the following words:- “; provided further, that not less than $50,000 shall be provided for the hazardous materials response team at the fire department in Quincy"; and

In said section 2, in said item 8324-0000, by striking out the figure “$24,291,145” and inserting in place thereof the following figure :- "$24,341,145”.

Budget Amendment ID: FY2019-S4-1053

EPS 1053

Attleboro Fire Safety Grant

Messrs. Feeney and Ross moved that the proposed new text be amended in section 2, in item 8324-0000, by inserting after “fire education program” the following:

“; provided further, that not less than $50,000 shall be expended for a fire safety grant in the city of Attleboro” and in said item by striking out the figures “$24,291,145" and inserting in place thereof the figures "$24,341,145”.

Budget Amendment ID: FY2019-S4-1054

EPS 1054

Norton Town Hall Emergency Shelter

Mr. Feeney moved that the proposed new text be amended in section 2, in item 8000-0600, by inserting after the year “station;” the following:

“provided further that not less than $100,000 shall be expended for a new generator to the Town Hall building in the town of Norton for the purposes of establishing an emergency shelter.” and in said item by striking out the figures “$2,714,115” and inserting in place thereof the figures “$2,814,115”.

Budget Amendment ID: FY2019-S4-1054-R1

Redraft EPS 1054

Norton Town Hall Emergency Shelter

Mr. Feeney moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- “; provided further, that not less than $20,000 shall be expended for a new generator and to establish an emergency shelter at the town hall in the town of Norton”; and

in said section 2, in said item 8000-0600, by striking out the figure “$2,714,115” and inserting in place thereof the following figure:- “$2,734,115”.

Budget Amendment ID: FY2019-S4-1055

EPS 1055

Plymouth County Fire Mutual Aid Radio Network

Messrs. Keenan, Timilty and O'Connor moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following words:- “; 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 section 2, in said item 8324-0000, by striking out the figure “$24,291,145” and inserting in place thereof the following figure:- “$24,391,145”.

Budget Amendment ID: FY2019-S4-1056

EPS 1056

Student Awareness Fire Education (SAFE)

Messrs. Feeney, Lewis, Eldridge, Crighton, Hinds and Moore, Ms. Gobi, Messrs. Timilty, Tarr, O'Connor and Welch, Ms. L'Italien and Mr. Cyr moved that the proposed new text be amended in section 2, in item 8324-0000, "provided further that $2,000,000 shall be allocated by the department for the Student Awareness Fire Education program" and in said item striking out the figures "$24,291,145" and inserting in place thereof the figures "$26,291,145".

Budget Amendment ID: FY2019-S4-1057

EPS 1057

Bristol County Fire Chief's Communications and Training

Messrs. Feeney, Rodrigues, Montigny, Timilty, Ross and Pacheco moved that the proposed new text be amended in section 2, in item 8324-0000, by inserting after “fire education program” the following:

"provided further, that not less than $100,000 shall be expended for the Fire Chiefs' Association of Bristol County to develop and upgrade 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 “$24,291,145" and inserting in place thereof the figures "$24,391,145”.

Budget Amendment ID: FY2019-S4-1059

EPS 1059

DOC Visitation Reporting

Ms. Jehlen, Messrs. Eldridge, Moore and Barrett, Ms. Creem, Messrs. Brownsberger and Montigny moved that the proposed new text be amended in section 2, in item 8900-0001, by inserting the following:-

“provided further, that not later than January 1, 2019 the department shall submit a report on visitation procedures at each department facility that includes average monthly visitors per facility over the 12 month period before the revisions to 103 CMR 483.00, average monthly visitors per inmate at each facility over the 12 month period before the revisions to 103 CMR 483.00, average monthly visitors per facility for the 6 months immediately following the revisions to 103 CMR 483.00, average monthly visitors per inmate at each facility for the 6 months immediately following the revisions to 103 CMR 483.00, the total number of visitors each month at each facility for the 6 months immediately following the revisions to 103 CMR 483.00, the total number of visitors per inmate each month at each facility for the 6 months immediately following the revisions to 103 CMR 483.00, and a discussion of whether the revisions to 103 CMR 483.00 have had a demonstrable effect on the supply of contraband in each facility”.

Budget Amendment ID: FY2019-S4-1059-R1

Redraft EPS 1059

DOC Visitation Reporting

Ms. Jehlen, Messrs. Eldridge, Moore and Barrett, Ms. Creem, Messrs. Brownsberger and Montigny moved that the proposed new text be amended in section 2, in item 8900-0001, by adding the following words:- “; provided further, that not later than January 1, 2019 the department shall submit a report on visitation procedures at each department facility that shall include but not be limited to the following: (i) average monthly visitors per facility over the 12 month period preceding March 23, 2018; (ii) average monthly visitors per inmate at each facility over the 12 month period preceding March 23, 2018; (iii) average monthly visitors per facility for the 6 month period following March 23, 2018; (iv) average monthly visitors per inmate at each facility for the 6 month period following March 23, 2018; (v) the total number of visitors each month at each facility for the 6 month period following March 23, 2018; (vi) the total number of visitors per inmate each month at each facility for the 6 month period following March 23, 2018; and (vii) a discussion of whether the visitor approval process established in 103 CMR 483.10 has had a demonstrable effect on the supply of contraband in each facility”.

Budget Amendment ID: FY2019-S4-1060

EPS 1060

Boston Fire Training Academy

Messrs. Collins and Moore, Ms. L'Italien and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 8324-0000, by inserting after the words “fire training program shall use the split days option;” the following words:-

“provided further that in addition to the allocation listed in item 8324-0000 of section 2 of chapter 182 of the acts of 2008, the Boston Fire Department Training Academy shall also be allocated an additional $500,000”, and in said line item 8324-0000 by striking out the number “$24,291,145” and replacing it with the following:- “$24,791,145”.

Budget Amendment ID: FY2019-S4-1061

EPS 1061

BFD Hazardous Materials Response Programs

Messrs. Collins, Rush, Moore and DiDomenico, Ms. L'Italien and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 8324-0000, by inserting after the words “and shall not be reduced by more than 57 per cent;” the following words:

“provided further that $250,000 shall be allocated to the Boston Fire Department Hazardous Materials Response Programs for the purpose of providing equipment and training support" and in said item by striking out the figure “$24,291,145” and replacing it with the following figure:- “$24,541,145”

Budget Amendment ID: FY2019-S4-1062

EPS 1062

Abington Roadway Safety Equipment

Mr. Keenan moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- "; provided further, that $30,000 shall be granted to the Town of Abington for roadway safety equipment"; and

In said section 2, in said item 8000-0600, by striking out the figure “$2,714,115” and inserting in place thereof the following figure:- “$2,744,115”

Budget Amendment ID: FY2019-S4-1063

EPS 1063

Chief Medical Examiners Retained Revenue Accounts

Messrs. Collins and O'Connor moved that the proposed new text be amended in section 2, in item 8000-0122, by striking out the figures "3,068,760" and inserting in place thereof the following figures: "4,568,761"

Budget Amendment ID: FY2019-S4-1064-R1

Redraft EPS 1064

Suffolk County Sheriff's Office

Messrs. Collins and Rush moved that the proposed new text be amended in section 2, in item 8910-8800, by striking out the figures "$106,571,535" and inserting in place thereof the following figures: "$132,039,461"

Budget Amendment ID: FY2019-S4-1064

EPS 1064

Suffolk County Sheriff's Office

Budget Amendment ID: FY2019-S4-1065

EPS 1065

Public Safety Improvements in the Town of Braintree

Messrs. Keenan and Timilty moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- “; provided further, that not less than $150,000 shall be expended for public safety improvements in Braintree”; and

In said section 2, in said item 8000-0600, by striking out the figure “$2,714,115” and inserting in place thereof the following figure:- “$2,864,115”.

Budget Amendment ID: FY2019-S4-1066

EPS 1066

Shannon Grants

Messrs. Boncore, Brady, Montigny, Rush, Eldridge and Lewis, Ms. Friedman, Messrs. Crighton, Tran, Hinds, Ross, Moore, Welch, Keenan, Brownsberger and Collins, Ms. L'Italien, Messrs. DiDomenico, Lesser, O'Connor and Feeney moved that the proposed new text be amended in section 2, in item 8100-0111, by striking the figures "$6,000,000" and placing instead thereof the figures "$10,000,000".

Budget Amendment ID: FY2019-S4-1066-R1

Redraft EPS 1066

Shannon Grants

Messrs. Boncore, Brady, Montigny, Rush, Eldridge and Lewis, Ms. Friedman, Messrs. Crighton, Tran, Hinds, Ross, Moore, Welch, Keenan, Brownsberger and Collins, Ms. L'Italien, Messrs. DiDomenico, Lesser, O'Connor and Feeney and Ms. Jehlen 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 figure:- "$8,000,000".

Budget Amendment ID: FY2019-S4-1067-R1

Redraft EPS 1067

Sex Offender Registry Board Oversight

Messrs. Moore, Timilty and Tarr, Ms. Gobi, Mr. O'Connor and Ms. O'Connor Ives moved that the proposed new text be amended by adding after section __

"Section ______. Section 178E of chapter 6 of the General Laws, as appearing in the 2016 Official Edition is hereby amended, by inserting in line 17, after the phrase “data to the”, the following new language:-

“state police and”

Section ______. Section 178H of said chapter 6, as so appearing, is hereby amended, by inserting at the end thereof, the following subsection:-

“(c) Whenever the board determines that an offender knowingly and intentionally: (i) fails to register; (ii) fails to verify registration information; (iii) fails to provide notice of a change of address; or (iv) knowingly provides false information; the board shall transmit relevant data to the state police who shall seek an arrest warrant for the offender.

Section ______. Section 178K of said chapter 6, as so appearing, by inserting, in line 48, after the words “section 178L.” the following sentence:-

These agreements shall include a memorandum of understanding with the state police for the purpose of locating any offender who fails to complete registration requirements or any offender the board cannot classify due to an inability to meet notification standards.”

Budget Amendment ID: FY2019-S4-1067

EPS 1067

Sex Offender Registry Board Oversight

Messrs. Moore, Timilty and Tarr, Ms. Gobi, Mr. O'Connor and Ms. O'Connor Ives moved that the proposed new text be amended by inserting after section _____ the following 6 sections:-

“SECTION ____. Section 178C of chapter six of the general laws, is hereby amended, by inserting after the definition for “predatory”, the following new definition:-

“Previous addresses”, the address of all places, known to law enforcement or the board, where a sex offender has previously been known to live, abide, loge or reside, and which is not a sex offender’s primary or secondary address

Section ______. Section 178D of chapter six of the general laws, is hereby amended, by inserting in line 33, after the phrase “level 1” the following new phrase:-

“or level 0”

And further after the words “secondary address” the following new phrase:-

“or previous addresses”

Section ______. Section 178E of chapter six of the general laws, is hereby amended, by inserting in line 17, after the phrase “data to the”, the following new language:-

“state police and”

And further in line 18, by inserting, after the phrase “secondary address”:-

“or previous addresses”

Section ______. Section 178H of chapter six of the general laws, is hereby amended, by adding at the end thereof, the following new subsection:-

“(c) Whenever the board determines that an offender knowingly: (i) fails to register; (ii) fails to verify registration information; (iii) fails to provide notice of a change of address; or (iv) knowingly provides false information; the board shall transmit relevant data to the state police who shall file an arrest warrant for the offender.

Section ______. Section 178K of chapter six of the general laws, is hereby amended, by inserting after subsubsection (e) of subsection (2), the following new language:-

“(f) Where a sex offender has requested a reclassification or judicial review of final classification under sections 178L or 178M, the board shall give a Level 0 designation to the sex offender for the duration of the reclassification or review to indicate an ongoing appeal. In such a case, the board shall transmit the registration data and designation to the police departments in the municipalities where the sex offender lives, has a secondary or previous address and works and attends an institution of higher learning or, if in custody, intends to live and work and attend an institution of higher learning upon release and where the offense was committed and to the federal bureau of investigation.”

Section ______. Section 178k of chapter six of the general laws is hereby amended further, by inserting in line 48, following the phrase “section 178L.” the following new sentence:-

“These agreements shall include a memorandum of understanding with the state police for the purpose of locating any offender who fails to complete registration requirements or any offender the board cannot classify due to an inability to meet notification standards.”

Budget Amendment ID: FY2019-S4-1068

EPS 1068

Elevator Fees

Mr. Moore moved that the proposed new text be amended by inserting after section _____ the following section:-

“SECTION XX. The second paragraph of Section 65 of Chapter 143, as appearing in the 2016 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following:- “The owner or the operator or an entity contracted for the maintenance of an elevator who fails to comply with this section shall be punished with a fine of $100 for each day that an elevator is in operation without a valid license.”

Budget Amendment ID: FY2019-S4-1068-R1

Redraft EPS 1068

Elevator Fees

Messrs. Moore and Timilty moved that the proposed new text be amended by inserting after section _____ the following section:-

“SECTION XX. The second paragraph of Section 65 of Chapter 143, as appearing in the 2016 Official Edition, is hereby amended by striking out the third sentence and inserting in place thereof the following:- “The owner or the operator or an entity contracted for the maintenance of an elevator who fails to comply with this section shall be punished with a fine of $100 for each day that an elevator is in operation without a valid certificate.”

Budget Amendment ID: FY2019-S4-1070

EPS 1070

First Responder Suicide Prevention

Messrs. Moore, Montigny, Feeney, Brady, Ross, Hinds, Eldridge and Tarr, Ms. L'Italien, Messrs. Fattman and deMacedo, Ms. Gobi, Messrs. Timilty, Tran, Pacheco, DiDomenico, O'Connor, Welch, Brownsberger, Lesser, Boncore, Rush and Collins, Ms. O'Connor Ives and Mr. Crighton moved that the proposed new text be amended by inserting after section ___ the following section:-

“SECTION ____. Chapter 7 of the General Laws is hereby amended by adding the following section:-

Section 28C; 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” or “Critical Incident 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 emergency service provider who provides or receives critical incident stress management and crisis intervention services as a result of a critical incident 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: FY2019-S4-1070-R1

Redraft EPS 1070

First Responder Suicide Prevention

Messrs. Moore, Montigny, Feeney, Brady, Ross, Hinds, Eldridge and Tarr, Ms. L'Italien, Messrs. Fattman and deMacedo, Ms. Gobi, Messrs. Timilty, Tran, Pacheco, DiDomenico, O'Connor, Welch, Brownsberger, Lesser, Boncore, Rush and Collins, Ms. O'Connor Ives and Mr. Crighton moved that the proposed new text be amended by striking out section 4 and inserting in place thereof the following 2 sections:-

“SECTION 4. Chapter 7 of the General Laws is hereby amended by inserting after section 28B the following section:-

Section 28C. As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise:-

“Abuse”, the occurrence of one or more of the following acts: (1) attempting to cause or causing physical harm; (ii) placing another in fear of imminent serious physical harm; or (iii) causing another to engage involuntarily in sexual relations by force, threat or duress.

“Crisis intervention services”, consultation, counseling, debriefing, defusing, intervention services, management, harm prevention or referral provided by a critical incident stress management team member to an emergency service provider.

“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 stress or trauma resulting from 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 offers critical incident stress management and crisis intervention services following a critical incident.

“Critical incident stress management team member”, an individual trained to provide critical incident stress management and crisis intervention services as a member of an organized and registered team; provided, however, that such individual shall be designated by the colonel of state police, a sheriff or 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 or permanent or volunteer emergency medical personnel.

(b) A critical incident stress management team member or emergency service provider who provides or receives critical incident stress management and crisis intervention services as a result of a critical incident shall not be required to testify or divulge any information obtained solely through the provision of or receipt of such services. Information divulged to a critical incident stress management 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, unless the critical incident stress management team member, based on such information, has reasonable cause to believe that: (i) the emergency service provider or another person is in danger of serious bodily harm or death, (ii) a child is being subjected to abuse or neglect; or (iii) the information indicates the existence of a past or present act constituting an intentional tort or crime, provided that the tort or crime would not be barred under the applicable statute of limitations.

SECTION 4A. Section 35UU of chapter 10 of the General Laws is hereby repealed.”

Budget Amendment ID: FY2019-S4-1072

EPS 1072

State Police Radio System

Messrs. Moore, Feeney, Timilty, Tarr and O'Connor moved that the proposed new text be amended by inserting after section ____ the following section:-

“SECTION __. Notwithstanding any general or special law to the contrary, the Executive Office of Public Safety and Security shall determine the solution and timing for implementing a statewide interoperable digital radio system for the department of state police no later than December 1, 2018. The Executive Office of Public Safety and Security shall also issue a report that includes the status and condition of the department of state police’s current radio system; a summary of the efforts to develop and implement a statewide interoperable digital radio system; the amount of funds expended on this effort to date; an anticipated timeline and completion date; the identification of potential funding needs; and the strategy for completing the project in the most expedient manner possible. The report shall be submitted to the House and Senate Clerk, the Senate Ways and Means Committee, the House Ways and Means Committee as well as the Joint Committee on Public Safety no later than December 1, 2018. The Executive Office of Public Safety and Security shall provide an updated report every six months after December 1, 2018.”

Budget Amendment ID: FY2019-S4-1072-R1

Redraft EPS 1072

State Police Radio System

Messrs. Moore, Feeney, Timilty, Tarr and O'Connor moved that the proposed new text be amended by inserting after section 56 the following section:-

“SECTION 56A. The executive office of public safety and security shall report on the implementation of the statewide interoperable digital radio system for the department of state police. The report shall include, but shall not be limited to: (i) a review of the status and condition of the department of state police’s current radio system; (ii) the status of implementing a statewide interoperable digital radio system and an anticipated timeline for completion; (iii) a report on the amounts expended from item 8000-2030 of chapter 257 of the Acts of 2014. The report shall be filed with the clerks of the senate and the house of representatives, the chairs of the senate and house committees on ways and means and the co-chairs of the joint committee on public safety and homeland security not later than December 1, 2018.”.

Budget Amendment ID: FY2019-S4-1073

EPS 1073

UMass Memorial EMS

Mr. Moore moved that the proposed new text be amended in section 2, in item 8100-1001, by adding 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".

Budget Amendment ID: FY2019-S4-1073-R1

Redraft EPS 1073

UMass Memorial EMS

Mr. Moore, Ms. Gobi and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 8100-1001, by adding the following words:- “; provided further, that the department shall execute a service contract with UMass Memorial Emergency Medical Services for not more than $60,000 for emergency and tactical medical support services”; and

in said section 2, in said item 8100-1001, by striking out the figure “$281,420,645” and inserting in place thereof the following figure:- “$281,480,645”.

Budget Amendment ID: FY2019-S4-1074

EPS 1074

Wiretapping

Messrs. Moore, Brownsberger, Tarr and O'Connor and Ms. O'Connor Ives moved that the proposed new text be amended by inserting after section _____ the following 4 sections:-

“SECTION ____. Paragraph A of section 99 of chapter 272, as so appearing, is hereby amended by striking out the last subparagraph and inserting in place thereof the following 2 subparagraphs:-

The general court further finds that in certain circumstances normal investigative procedures may not be effective in the investigation of specific illegal acts not associated with organized crime as described in clause 7 of paragraph B. Therefore, law enforcement officials may use modern methods of electronic surveillance, under strict judicial supervision, when investigating those specific crimes.

SECTION _____. Paragraph B of section 99 of chapter 272, as so appearing, is hereby amended by striking out clause 7 and inserting in place thereof the following clause:-

7. The term “designated offense” shall include (a) the following offenses in connection with organized crime as defined in the preamble:

; the illegal use, possession, theft, transfer or trafficking of one or more firearms, rifles, shotguns, sawed-off shotguns, machine guns, assault weapons, large capacity weapons, covert weapons as defined by section 121 of chapter 140, or silencers; any arson; assault and battery with a dangerous weapon; bribery; any felony burglary; money laundering in violation of chapter 267A; enterprise crime in violation of chapter 271A; extortion; forgery; gaming in violation of sections 38, 39, 40, 41 and 43 of chapter 23K and sections 16A and 17 of chapter 271; kidnapping; any felony larceny; lending of money or things of value in violation of the general laws; perjury; any felony involving prostitution; robbery; subornation of perjury; any violation of section 13B of chapter 268; any violation of this section; being an accessory to any of the foregoing offenses; and conspiracy, attempt or solicitation to commit any of the foregoing offenses; and (b) the following offenses, whether or not in connection with organized crime, as referenced in paragraph 3 of the preamble: any murder or manslaughter, except under section 13 ½ of chapter 265; rape as defined in sections 22, 22A, 22B, 22C, 23, 23A, 23B, 24, and 24B of chapter 265; human trafficking in violation of sections 50 through 53 of chapter 265; any violation of chapter 94C involving the trafficking, manufacture, distribution of, or intent to distribute controlled substances; illegal trafficking in weapons; the illegal use or possession of explosives or chemical, radiological or biological weapons; civil rights violation causing bodily injury; intimidation of a witness or potential witness, or a judge, juror, grand juror, prosecutor, defense attorney, probation officer or parole officer; being an accessory to any of the foregoing offenses; and conspiracy, attempt or solicitation to commit any of the foregoing offenses.

SECTION _____. Paragraph I of said section 99 of said chapter 272, as so appearing, is hereby amended by striking out the word “thirty” in line 368 and inserting in place thereof the figure “40”; by striking out the word “fifteen” in line 370 and inserting in place thereof the figure “30”; and by striking out the word “thirty-day” in line 371 and inserting in place thereof the word“40-day”.

SECTION ______. Paragraph J of said section 99 of said chapter 272, as so appearing, is hereby amended by striking out in line 405 the words “fifteen (15)” and inserting in place thereof the words ‘thirty (30)’.”

Budget Amendment ID: FY2019-S4-1075

EPS 1075

Franklin County Sheriff Training Active Bystanders Program

Ms. Gobi, Messrs. Hinds and Welch moved that the proposed new text be amended in section 2, in item 8910-0108, provided further, that not less than $100,000 shall be provided to Quabbin Mediation, Inc. for training and mediation’; and

in said section 2, in said item 8910-0108, by striking out the figures "$16,232,777" and inserting in place thereof the figures "$16,332,777"

Budget Amendment ID: FY2019-S4-1076

EPS 1076

Massachusetts policy and procedures for missing and abducted children

Ms. Gobi, Messrs. Timilty, Moore and O'Connor and Ms. L'Italien moved that the proposed new text be amended by adding the following sections:

“SECTION XX. Chapter 22A of the General Laws is hereby amended by adding the following section:-

Section 10. The executive office of public safety and security shall develop a guide entitled the Massachusetts policy and procedure for missing and abducted children investigations that shall establish comprehensive minimum standards for law enforcement agencies in the Commonwealth. Such agencies shall reference the guide and implement the policy and procedure in agency practices and the training of law enforcement officers.

The executive office shall reference, but shall not be limited to, the law-enforcement policy and procedures for reports of missing and abducted children, developed by The National Center for Missing and Exploited Children. The executive office shall ensure that policies promulgated are comprehensive and inclusive to different categories of missing children, including, but not limited to, children under 10 years of age, children under 17 years of age, children with mental and physical limitations, and dependent adults with mental and physical limitations.

The municipal police training committee shall include in their 2019 training year, a mandatory 2-hour in-service training program for veteran police officers on the Massachusetts policy and procedure for missing and abducted children investigations. The municipal police training committee shall include training on the Massachusetts policy and procedure for missing and abducted children investigations for new police officers attending the police academy.

The executive office of public safety and security shall ensure internal policies and the missing child clearinghouse intake form to reflect the Massachusetts policy and procedure for missing and abducted children investigations. The missing child clearinghouse intake form shall be available in, but not limited to, the following languages; English, Spanish, Portuguese, French, Chinese, Haitian Creole, Vietnamese, Russian, German, Albanian, Khmer or Cambodian.

SECTION XX. Section 1 shall take effect on January 15, 2018.

SECTION XX. By January 15, 2019, all law enforcement agencies in the Commonwealth of Massachusetts shall adopt the Massachusetts policy and procedures for missing and abducted children investigations as the minimum protocol in investigations of missing children.".

Budget Amendment ID: FY2019-S4-1077

EPS 1077

DOC Fees Retained Revenue

Ms. Gobi and Mr. O'Connor moved that the proposed new text be amended in section 2, by striking out item 8900-0050 and inserting in place thereof the following item:-

“8900-0050 For the department of correction; provided, that the department may expend not more than $8,600,000 in retained revenues collected from existing assessments and the state criminal alien assistance program; and provided further, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.”

Budget Amendment ID: FY2019-S4-1078

EPS 1078

Department of Correction Operating Funds

Ms. Gobi, Messrs. Tran, O'Connor, Humason, Rush, Boncore and Moore moved that the proposed new text be amended in section 2, in item 8900-0001, by striking out the figure “$625,104,903” and inserting in place thereof the following figure:- “$630,776,442”

Budget Amendment ID: FY2019-S4-1079

EPS 1079

Addition of the Municipal Electric Association to the OSHA Advisory Board

Ms. Gobi, Messrs. Lewis, Tarr, Welch and Moore moved that the proposed new text be amended by adding the following section:-

SECTION XX. Section 6 1/2 of chapter 149 of the General Laws, as amended by chapter 44 of the Acts of 2018, is hereby amended by striking subsection (c) and inserting in place thereof the following subsection:-

(c) The governor shall appoint an occupational health and safety hazard advisory board which shall consist of the following 20 members: the secretary of labor and workforce development or a designee, who shall serve as the co-chairperson; the personnel administrator or a designee, who shall serve as co-chairperson; the director of the division of labor standards or a designee; the secretary of administration and finance or a designee; the director of the office of employee relations or a designee; the commissioner of public health or a designee; the director of industrial accidents or a designee; 4 representatives from labor unions representing public employees; 1 representative from a community-based health and safety advocacy organization; the president of the Massachusetts Municipal Association, Inc. or a designee; the president of the Massachusetts Highway Association or a designee; the president of the Massachusetts Association of School Committees, Inc. or a designee; the president of the Massachusetts Association of School Superintendents, Inc. or a designee; the president of the Massachusetts Water Works Association Inc. or a designee; the president of the Municipal Electric Association of Massachusetts Inc. or a designee; the president of the Massachusetts Municipal Management Association or a designee; and 1 member of the faculty of the department of work environment at the University of Massachusetts at Lowell.

Budget Amendment ID: FY2019-S4-1080

EPS 1080

Massachusetts Alcohol and Substance Abuse Center Operating Funds

Messrs. deMacedo, Humason, Ross, Moore, O'Connor, Cyr, Tarr, Fattman, Brownsberger and Collins and Ms. Gobi moved that the proposed new text be amended in section 2, in item 8900-0002, by striking the figure "$10,750,000" and inserting in place thereof the following figure:- "$12,750,000".

Budget Amendment ID: FY2019-S4-1081

EPS 1081

Creating the Commonwealth Technical Rescue Regions and Coordinating Council

Messrs. Tarr, Humason, Timilty and O'Connor 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 2016 Official Edition, are hereby amended by inserting after Chapter 22E, the following chapter:-

Chapter 22F

TECHNICAL RESCUE REGIONS

Section 1. 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 2. (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 3. 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 4. 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 2. Chapter 29 of the General Laws is hereby amended by inserting after section 2RRRR the following section:-

Section 2SSSS. 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, 2019."

Budget Amendment ID: FY2019-S4-1082-R1

Redraft EPS 1082

Essex County Sheriff Registry of Deeds Partnership

Mr. Tarr moved that the proposed new text be amended in section 2, in item 8900-0001, by inserting at the end thereof the following:-provided that the Department of Correction, in collaboration with the Massachusetts Sheriffs’ Association, shall undertake a study to determine the appropriate staffing levels and appropriate funding levels at the Lemuel Shattuck Hospital so that the Department of Correction would solely staff the facility for the purpose of guarding patients at the facility.

The study shall develop a staffing plan that would provide for the staffing of the Shattuck Hospital to be solely personnel from the Department of Correction and no longer require employees of county corrections to provide security at the facility. A report and recommendation shall be filed with the Senate Ways and Means, House Ways and Means, the Executive Office of Administration and Finance no later than October 31, 2018.

Budget Amendment ID: FY2019-S4-1082

EPS 1082

Essex County Sheriff Registry of Deeds Partnership

Mr. Tarr moved that the proposed new text be amended in section 2, in item 0540-0900, by inserting at the end thereof the following:-

“provided, the northern Essex Registry of Deeds may pursue a pilot program with the Essex County Sheriff's Office for the purposes of sharing leased office space”

Budget Amendment ID: FY2019-S4-1083

EPS 1083

Modernizing the Massachusetts wiretap law

Messrs. Tarr, Humason, O'Connor and Fattman moved that the proposed new text be amended by inserting after section _ the following sections:-

"SECTION 1. Paragraph A of section 99 of chapter 272 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the third subparagraph and inserting in place thereof the following 2 subparagraphs:-

The general court further finds that in certain circumstances normal investigative procedures may not be effective in the investigation of specific illegal acts not associated with organized crime as enumerated in clause (b) of subparagraph 7 of paragraph B of this section. Therefore, law enforcement officials may be permitted to use modern methods of electronic surveillance, under strict judicial supervision, when investigating these specific enumerated crimes.

The general court further finds that the uncontrolled development and unrestricted use of modern electronic surveillance devices pose grave dangers to the privacy of all citizens of the commonwealth. Therefore, the secret use of such devices by private individuals must be prohibited. The use of such devices by law enforcement officials must be conducted under strict judicial supervision and must be limited to the investigation of designated offenses as defined in subparagraph 7 of paragraph B of this section. Because the commonwealth has a substantial interest in the investigation and prosecution of designated offenses committed within its borders, this section shall authorize, under appropriate judicial supervision, the interception of electronic communications between parties located outside the commonwealth, so long as the designated offense under investigation is one over which the commonwealth has jurisdiction, and the listening post is within the commonwealth.

SECTION 2. Paragraph B of said section 99 of said chapter 272, as so appearing, is hereby amended by striking out the first subparagraph and inserting in place thereof the following subparagraph:-

1.The term “wire communication” means any transfer made in whole or in part through the use of facilities which allow for the transmission of communications by the aid of wire, cable, wireless, electronic, digital, radio, electromagnetic, satellite, cellular, optical or other technological means in order to achieve a connection between the point of origin and the point of reception, regardless of whether or not such communication travels in part within a switching station or other facility. The term “wire communication” shall also include: any transfer of signs, signals, writing, images, photographs, videos, texts, sounds, data or intelligence of any nature transmitted in whole or in part by using a cellular telephone, smartphone , personal data assistant or similar device, but shall not include: (i) any communication made through a tone-only paging device; (ii) any communication from a tracking device, defined as an electronic or mechanical device which permits the tracking of the movement of a person or object; or (iii) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds .

SECTION 3. Said paragraph B of said section 99 of said chapter 272, as so appearing, is hereby further amended by striking out the third, fourth and fifth subparagraphs and inserting in place thereof the following 3 subparagraphs:-

3. The term “intercepting device” means any device or apparatus which is capable of transmitting, receiving, amplifying, or recording a wire or oral communication other than a hearing aid or similar device which is being used to correct subnormal hearing to normal; and other than any telephone or telegraph instrument, equipment, facility, or a component thereof, (a) furnished to the subscriber or user by a communications common carrier in the ordinary course of business under its tariff and being used by the subscriber or user in the ordinary course of its business; or (b) being used by a communications common carrier in the ordinary course of its business. No body-mounted camera with an audio recording feature shall be considered an intercepting device when such an instrument is worn openly by a uniformed investigative or law enforcement officer or one conspicuously displaying his or her badge of authority or other visible indicator of his or her status as an investigative or law enforcement officer. No vehicle-mounted camera with an audio recording feature shall be considered an intercepting device when it is mounted on a marked law enforcement vehicle, or when such an instrument is used to record a motor vehicle stop or other encounter involving a uniformed law enforcement officer, or one conspicuously displaying his or her badge of authority or other visible indicator of his or her status as a law enforcement officer.

4. The term ''interception'' means to secretly hear, secretly record, or aid another to secretly hear or secretly record the contents of any wire or oral communication through the use of any intercepting device by any person other than a person given prior authority by all parties to such communication; provided that it shall not constitute an interception (a) for an investigative or law enforcement officer to obtain information in real time concerning the existence of a communication and the identity of the parties to a communication, but not the contents of the communication itself, where such action has been specifically authorized by the order of a court of competent jurisdiction pursuant to the procedure prescribed by 18 U.S.C. § 3123; or (b) for an investigative or law enforcement officer, as defined in this section, to record or transmit a wire or oral communication if the officer is a party to such communication or has been given prior authorization to record or transmit the communication by such a party and if recorded or transmitted in the course of an investigation of a designated offense as defined herein.

5. The term ''contents'', when used with respect to any wire or oral communication, means any information concerning the contents, substance, purport, or meaning of that communication, including any spoken words, visual images or written material.

SECTION 4. Said paragraph B of said section 99 of said chapter 272, as so appearing, is hereby further amended by striking out the seventh subparagraph and inserting in place thereof the following subparagraph:-

7. The term ''designated offense'' shall include (a) the following offenses in connection with organized crime as defined in the preamble:

; the illegal use, possession, theft, transfer or trafficking of one or more firearms, rifles, shotguns, sawed-off shotguns, machine guns, assault weapons, large capacity weapons, covert weapons as defined by section 121 of chapter 140, or silencers; any arson; assault and battery with a dangerous weapon; bribery; any felony burglary; money laundering in violation of chapter 267A; enterprise crime in violation of chapter 271A; extortion; forgery; gaming in violation of sections 38, 39, 40, 41 and 43 of chapter 23K and sections 16A and 17 of chapter 271; kidnapping; any felony larceny; lending of money or things of value in violation of the general laws; perjury; any felony involving prostitution; robbery; subornation of perjury; any violation of section 13B of chapter 268; any violation of sections 29A, 29B and 105 of chapter 272; any violation of this section; being an accessory to any of the foregoing offenses; and conspiracy, attempt or solicitation to commit any of the foregoing offenses; and (b) the following offenses, whether or not in connection with organized crime, as referenced in paragraph 3 of the preamble: any murder or manslaughter, except under section 13 ½ of chapter 265; rape as defined in sections 22, 22A, 22B, 22C, 23, 23A, 23B, 24 and 24B of chapter 265; human trafficking in violation of sections 50 through 53 of chapter 265; any violation of chapter 94C involving the trafficking, manufacture, distribution of, or intent to distribute controlled substances; illegal trafficking in weapons; the illegal use or possession of explosives or chemical, radiological or biological weapons; civil rights violation causing bodily injury; intimidation of a witness or potential witness, or a judge, juror, grand juror, prosecutor, defense attorney, probation officer or parole officer; being an accessory to any of the foregoing offenses; and conspiracy, attempt or solicitation to commit any of the foregoing offenses.

SECTION 5. Paragraph I of said section 99 of said chapter 272, as so appearing, is hereby amended by striking out the second subparagraph and inserting in place thereof the following subparagraph:-

2. The date of issuance, the date of effect, and termination date which in no event shall exceed 40 days from the date of effect. The warrant shall permit interception of oral or wire communications for a period not to exceed 30 days. If physical installation of a device is necessary, the 40 day period shall begin upon the date of installation. If the effective period of the warrant is to terminate upon the acquisition of particular evidence or information or oral or wire communication, the warrant shall so provide; and

SECTION 6. Said paragraph I of said section 99 of said chapter 272, as so appearing, is hereby further amended by striking out the sixth subparagraph and inserting in place thereof the following 3 subparagraphs:-

6. The identity of the agency authorized to intercept the communications, and of the person authorizing the application; and

7. A statement providing for service of the warrant pursuant to paragraph L except that if there has been a finding of good cause shown requiring the postponement of such service, a statement of such finding together with the basis therefor must be included and an alternative direction for deferred service pursuant to paragraph L, subparagraph 2.

8. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter, and must terminate upon attainment of the authorized objective, or in any event in 30 days.

SECTION 7. Paragraph J of said section 99 of said chapter 272, as so appearing, is hereby amended by striking out the second subparagraph and inserting in place thereof the following subparagraph:-

2. Upon such application, the judge may issue an order renewing the warrant and extending the authorization for a period not exceeding 30 days from the entry thereof. Such an order shall specify the grounds for the issuance thereof. The application and an attested copy of the order shall be retained by the issuing judge to be transported to the chief justice in accordance with the provisions of paragraph N of this section. In no event shall a renewal be granted which shall terminate later than 2 years following the effective date of the warrant.

SECTION 8. Said section 99 of said chapter 272, as so appearing, is hereby further amended by striking out paragraph K and inserting in place thereof the following paragraph:-

K. Warrants: manner and time of execution

1. A warrant may be executed pursuant to its terms anywhere in the commonwealth, or any other place that facilitates a wire communication to which at least 1 party is within the commonwealth; or which otherwise involves a communication regarding a criminal offense for which criminal jurisdiction would exist in the commonwealth.

2. Such warrant may be executed by the authorized applicant personally or by any investigative or law enforcement officer of the commonwealth designated by him for the purpose, or by any designated individual operating under a contract with the Commonwealth or its subdivisions, acting under the supervision of an investigative or law enforcement officer authorized to execute the warrant.

3. The warrant may be executed according to its terms during the hours specified therein, and for the period therein authorized, or a part thereof. The authorization shall terminate upon the acquisition of the oral or wire communications, evidence or information described in the warrant. Upon termination of the authorization in the warrant and any renewals thereof, the interception must cease at once, and any device installed for the purpose of the interception must be removed as soon thereafter as practicable. Entry upon private premises for the removal of such device is deemed to be authorized by the warrant.

4. In the event the intercepted communication is in a code or foreign language, and an expert in that foreign language or code is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after such interception.

5. Upon request of the applicant, the issuing judge may direct that a provider of wire or electronic communications service, landlord, custodian, or other person shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party whose communications are to be intercepted. Any provider of wire or electronic communications service, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefore by the applicant for reasonable expenses incurred in providing such facilities or assistance."

Budget Amendment ID: FY2019-S4-1085

EPS 1085

Collection of Sex Offender Registration Fees in coordination with the Department of Revenue

Messrs. Tarr, O'Connor and Fattman moved that the proposed new text be amended by inserting after Section _, the following new section:-

“SECTION_. Section 178Q of chapter 6 of the General Laws, as appearing in the 2016 Official Edition,

is hereby amended by inserting the following paragraph:-

The sex offender registry board shall, within 30 days of a sex offender's failure of the requirement under this section to pay said sex offender registry fee or any portion thereof, report to the department of revenue the offender's name, other necessary identifying information as determined by the commissioner of the department of revenue, and the unpaid amount of any sex offender registration fee owed. The department of revenue shall intercept payment of such unpaid fee from tax refunds due to such offender and provide the amount intercepted to the sex offender registry board in accordance with the provisions of chapter 62D. For the purposes of this intercept, the sex offender registry board shall be considered a "claimant agency" as defined in section 1 of chapter 62D, and such set-off shall be conducted before the set-off of a refund for unpaid federal nontax liabilities to a federal agency.”

Budget Amendment ID: FY2019-S4-1086

EPS 1086

State Police organizational structure study

Mr. Lewis moved that the proposed new text be amended in section 2, in item 1599-4417, by striking out item 1599-4417 and inserting in place thereof the following item:-

"1599-4417 For the Edward J. Collins, Jr. Center for Public Management in the John W. McCormack Graduate School of Policy and Global Studies at the University of Massachusetts at Boston; provided, that not less than $300,000 shall be spent on a study and management review of the operations and organizational structure of the Department of State Police................................$550,000"

Budget Amendment ID: FY2019-S4-1090

EPS 1090

Southern Worcester County Public Safety Improvements

Mr. Moore moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- “; provided further, that not less than $60,000 shall be expended to the town of Auburn for public safety improvements; provided further, that not less than $60,000 shall be expended to the town of Shrewsbury for public safety improvements; provided further, that not less than $60,000 shall be expended to the town of Upton for public safety improvements; provided further, that not less than $65,000 shall be expended to the town of Millbury for public safety improvements;”and

in said section 2, in said item 8000-0600, by striking out the figure “$2,714,115“ and inserting in place thereof the following figure: "$2,959,115".

Budget Amendment ID: FY2019-S4-1090-R1

Redraft EPS 1090

Southern Worcester County Public Safety Improvements

Mr. Moore moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- “; provided further, that not less than $50,000 shall be expended to the town of Auburn for public safety improvements; provided further, that not less than $50,000 shall be expended to the town of Shrewsbury for public safety improvements; provided further, that not less than $43,000 shall be expended to the town of Upton for public safety improvements; provided further, that not less than $65,000 shall be expended to the town of Millbury for public safety improvements;”and

in said section 2, in said item 8000-0600, by striking out the figure “$2,714,115“ and inserting in place thereof the following figure: "$2,922,115".

Budget Amendment ID: FY2019-S4-1091

EPS 1091

Barnstable County Fire and Rescue Training Academy

Messrs. Cyr, deMacedo 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 words:- “; provided further, that not less than $100,000 shall be expended for the Barnstable County Fire and Rescue Training Academy”; and

In said section 2, in said item 8324-0000, by striking out the figure “$24,291,145” and inserting in place thereof the following figure:- “$24,391,145”

Budget Amendment ID: FY2019-S4-1092

EPS 1092

Public Safety Line of Duty Benefits

Messrs. Rush and Eldridge, Ms. Friedman, Messrs. Ross, Moore, Timilty, O'Connor and Cyr moved that the proposed new text be amended by adding the following section:-

“SECTION XX. Subsection (c) of section 100A of Chapter 32 is hereby amended in line 15 by striking out the following “and who is not subject to chapter 152” and in said subsection by adding at the end thereof the following:- “The family of a deceased public safety employee, who is subject to chapter 152 shall have the option of receiving, the killed in the line of duty benefit or receive benefits pursuant to chapter 152.’”

Budget Amendment ID: FY2019-S4-1093

EPS 1093

Municipal Police Insurance

Messrs. Rush, Ross, Moore, Brady, Hinds, Lewis, Tran, Fattman, Timilty, Crighton and Brownsberger, Ms. L'Italien, Ms. Gobi, Messrs. O'Connor and Cyr moved that the proposed new text be amended by adding the following section:-

“SECTION XX. Notwithstanding any general or special law to the contrary, notwithstanding the provisions of chapter 32b of the General Laws or the provisions of 805 CMR 9.01 (3), the effective date of group insurance commission health coverage for municipal police officers shall begin on the first day of employment.”

Budget Amendment ID: FY2019-S4-1094

EPS 1094

Bristol County Police Chiefs

Messrs. Rodrigues, Feeney, Montigny and Ross moved that the proposed new text be amended in section 2, in item 8200-0200, by inserting after the word “item” the following: “provided further, that not less than $100,000 be allocated to the Bristol County Police Chiefs for municipal in-service training and specialized training for veteran police officers in Bristol County”; and in said item by striking out the figures “$4,788,930” and inserting in place thereof the figures “$4,888,930”.

Budget Amendment ID: FY2019-S4-1095

EPS 1095

Tewksbury Public Safety

Ms. L'Italien moved that the proposed new text be amended in section 2, in item 8324-0000, by inserting at the end thereof the following:- "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"

Budget Amendment ID: FY2019-S4-1096

EPS 1096

Dracut Public Safety

Ms. L'Italien moved that the proposed new text be amended in section 2, in item 8000-0600, by inserting at the end thereofthe following:- "; provided further, that not less than $100,000 shall be expended to the town of Dracut for improvements to public safety"

Budget Amendment ID: FY2019-S4-1097

EPS 1097

State Crime Lab

Messrs. Moore, Eldridge, Brownsberger, O'Connor and Feeney moved that the proposed new text be amended in section 2, in item 8100-1004, by striking out the figure “$18,790,501” and inserting in place thereof the following figure “$19,463,046”.

Budget Amendment ID: FY2019-S4-1098

EPS 1098

School Safety Assistance Team and Grant Program

Messrs. Rush, Tarr, Feeney, Brady, Timilty, Eldridge, Lewis, Ross, Hinds and Moore, Ms. Gobi and Mr. Welch moved that the proposed new text be amended by adding the following new section:-

“SECTION XX. Section 1. Notwithstanding any general or special law to the contrary, the Commonwealth shall establish a School Safety Technical Assistance Team to provide assistance to school districts, at their request, on all aspects of school safety and emergency management. The school safety technical assistance team shall consist of the Secretary of Executive Office of Public Safety and Security, or a designee, the Secretary of the Education, or a designee, the Secretary of the Executive Office of Health and Human Services, or a designee, the director of the Massachusetts School Building Authority, or a designee, a member of the Massachusetts Police Chiefs Association, a member of the Fire Chiefs Association of Massachusetts, and a member of the Massachusetts Association of School Superintendents. The Executive Office of Public Safety and Security shall act as the lead agency in the development and implementation of the School Safety Technical Assistance Team.

Section 2. There shall be established a school security infrastructure grant program for the sole purpose of allowing cities, towns, and regional school districts to enhance safety and security at their school facilities; provided, that amounts shall be credited to the fund by the fines as established in section 3 and section 4; provided, that the fund may be supplemented through appropriation from the general fund or other available sources including but not limited to any interest earned on monies in the fund; any 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; provided further, that funds may be expended to retrofit buildings with security features such as classroom door locks, security cameras and active shooter detection systems; provided further, that School Safety Technical Assistance Team shall submit a report outlining appropriations necessary to operate this grant program to the joint committee on education, the joint committee on public safety and homeland security, and the house and senate committees on ways and means on or before March 1, 2019.”

Section 3. Section 18B of chapter 265 of the general laws is hereby amended by inserting the following paragraph: “Whoever, while in the commission of or the attempted commission of an offense which may be punished by imprisonment in the state prison, has in his possession or under his control a firearm, rifle or shotgun shall, in addition to the penalty for such offense, be imposed a fine of $250; provided, however, that if such firearm, rifle or shotgun is a large capacity weapon, as defined in section 121 of chapter 140, or if such person, while in the commission or attempted commission of such offense, has in his possession or under his control a machine gun, as defined in said section 121, such person shall be imposed a fine of $500. Whoever has committed an offense which may be punished by imprisonment in the state prison and had in his possession or under his control a firearm, rifle or shotgun including, but not limited to, a large capacity weapon or machine gun and who thereafter, while in the commission or the attempted commission of a second or subsequent offense which may be punished by imprisonment in the state prison, has in his possession or under his control a firearm, rifle or shotgun shall, in addition to the penalty for such offense, be imposed a fine of $750; provided, however, that if such firearm, rifle or shotgun is a large capacity semiautomatic weapon or if such person, while in the commission or attempted commission of such offense, has in his possession or under his control a machine gun, such person shall be imposed a fine of $1,000.

Section 4. Section 10 of chapter 269 of the general laws is hereby amended by inserting the following section: (p) Whoever has violated this statue shall be imposed a fine of $200.

Budget Amendment ID: FY2019-S4-1099

EPS 1099

Laser Strike Sensor System at Logan Airport

Messrs. Rush, Moore, Tarr and O'Connor moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:-

";provided further, that $500,000 shall be expended for the testing, refining and deployment of a laser strike sensor system testing program at Logan Airport, in the City of Boston, provided that relevant federal agencies assist in the efforts to fund the program"; and in said section 2, in said item 8000-0600, by striking out the figure"$2,714,115" and inserting in place thereof the following figure:- "$3,214,115".

Budget Amendment ID: FY2019-S4-1100

EPS 1100

Regulating the Closure of State Correctional Facilities

Ms. O'Connor Ives and Mr. O'Connor moved that the proposed new text be amended by inserting the after Section X the following section:

SECTION 1. As used in this act, the following words shall have the following meanings unless the context clearly indicates otherwise.

“Institution,” Massachusetts State Correctional Facilities

“Member communities:” communities under the jurisdiction of Massachusetts Department of Corrections.

SECTION 2. Notwithstanding any general or special law to the Massachusetts Department of Corrections located in the towns hosting a state institution shall continue operation until such time that the following are completed:

a) A study on the public safety impacts of closing institution on member communities

b) A cost analysis of the closing, to include the financial impacts on the member communities

c) A thorough appraisal of the building, land and structures on the property including the yearly maintenance costs associated with each

d) A public hearing in the town hosting a state institution

e) A public hearing state house

SECTION 3. A report of the study and analysis shall be submitted to the Senate President, the Speaker of the House, and the Senators and Representatives of member communities no later than two years after the passage of this legislation.

SECTION 4. No state correctional facilities shall be closed without prior notification to the legislature.

Budget Amendment ID: FY2019-S4-1101

EPS 1101

School Safety

Ms. O'Connor Ives, Messrs. Rush, Tran, Timilty and O'Connor moved that the proposed new text be amended by inserting the after Section X the following section:

SECTION 1. Subsection (a) of section 6 of chapter 70B of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following clause:- (7) The school project shall include the installation of an indoor active shooter gunshot detection and alerting system.

SECTION 2. Section 10 of chapter 284 of the acts of 2014 is hereby amended by inserting after the word “stairwells.” the following sentence:- "The plans or blueprints shall include installation of an indoor active shooter gunshot detection and alerting system."

Budget Amendment ID: FY2019-S4-1102

EPS 1102

Protecting Students in Schools

Messrs. Timilty and O'Connor moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- "provided further that, $1,400,000 shall be expended in equal amounts to the school departments located in the towns of Avon, Braintree, Canton, East Bridgewater, Easton, Milton, Randolph, Sharon, Stoughton and West Bridgewater for training and safety improvements to protect students and faculty against a live intruder situation"; and in said section 2, in said item 8000-0600 by striking out the figure "2,714,115" and inserting in place thereof the following figure:- "4,114,115".

Budget Amendment ID: FY2019-S4-1103

EPS 1103

Winthrop Fire Deaprtment

Mr. Boncore moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following words:-

provided further, that $40,000 shall be expended for fallout equipment for the Fire Department in the Town of Winthrop"; and in said Section 2, in said item 8324-0000, by striking out the figure "$24,291,145" and inserting in place thereof the following figure:- "$24,331,145"

Budget Amendment ID: FY2019-S4-1103-R1

Redraft EPS 1103

Winthrop Fire Deaprtment

Mr. Boncore moved that the proposed new text be amended in section 2, in item 8324-0000, , in item 8324-0000, by adding the following words:- “; provided further, that not less than $65,000 shall be expended for fallout equipment for the fire department in the town of Winthrop"; and

in said section 2, in said item 8324-0000, by striking out the figure “$24,291,145” and inserting in place thereof the following figure:- “$24,356,145”.

Budget Amendment ID: FY2019-S4-1103-R2

2nd Redraft EPS 1103

Winthrop Fire Deaprtment

Mr. Boncore moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following words:- “; provided further, that not less than $65,000 shall be expended for fallout equipment for the fire department in the town of Winthrop"; and

in said section 2, in said item 8324-0000, by striking out the figure “$24,291,145” and inserting in place thereof the following figure:- “$24,356,145”.

Budget Amendment ID: FY2019-S4-1104-R1

Redraft EPS 1104

Fire equipment in the town of Stoneham

Mr. Lewis moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following words:- “; provided further, that not less than $75,000 shall be expended for fire equipment for the fire department in the town of Stoneham”; and in said section 2, said item 8324-0000, by striking out the figure “$24,291,145” and inserting in place thereof the following figure:- “$24,366,145”.

Budget Amendment ID: FY2019-S4-1104

EPS 1104

Fire equipment in the town of Stoneham

Mr. Lewis moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following: “Not less than $150,000 shall be expended for fire equipment for the Stoneham Fire Department”; and in said section 2, said line item 8324-0000, striking the figure “$24,291,145” and inserting in place thereof the figure “$24,441,145”.

Budget Amendment ID: FY2019-S4-1105

EPS 1105

Municipal Police Training Council

Messrs. Tarr, Humason, O'Connor and Fattman moved that the proposed new text be amended in section 2, in item 8200-0200, by striking the figure "4,788,930" and inserting in place there of the following figure:-"4,855,808"

Budget Amendment ID: FY2019-S4-1106

EPS 1106

East Bridgewater Active Shooter Training

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- "provided further, that $20,000 shall be expended to the Town of East Bridgewater for an active shooter training exercise"; and in said section 2, in said item 8000-0600, by striking out the figure "2,714,115" and inserting in place thereof the following figure:- "2,734,115".

Budget Amendment ID: FY2019-S4-1107

EPS 1107

Avon Police Department Dispatch Software

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- "provided further, that $150,000 shall be expended to the Town of Avon for a new police department dispatch software program"; and in said section 2, in said item 7008-0900, by striking out the figure "2,714,115" and inserting in place thereof the following figure:- "2,864,115".

Budget Amendment ID: FY2019-S4-1107-R1

Redraft EPS 1107

Avon Police Department Dispatch Software

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- "; provided further, that not less than $25,000 shall be expended to the town of Avon for a new police department dispatch software program"; and in said section 2, in said item 8000-0600, by striking out the figure "$2,714,115" and inserting in place thereof the following figure:- "$2,739,115".

Budget Amendment ID: FY2019-S4-1108-R1

Redraft EPS 1108

Canton Active Shooter Training

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- "; provided further, that $40,000 shall be expended for an active shooter training exercise in the town of Canton"; and in said section 2, in said item 8000-0600, by striking out the figure "$2,714,115" and inserting in place thereof the following figure:- "$2,754,115".

Budget Amendment ID: FY2019-S4-1108

EPS 1108

Canton Active Shooter Training

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- "provided further, that $55,000 shall be expended for an Active Shooter Training Exercise in the Town of Canton"; and in said section 2, in said item 8000-0600, by striking out the figure "2,714,115" and inserting in place thereof the following figure:- "2,864,115".

Budget Amendment ID: FY2019-S4-1109

EPS 1109

Canton Police Department Message Board

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- "provided further, that $50,000 shall be expended for a digital message board to be located at the Town of Canton police department headquarters"; and in said section 2, in said item 8000-0600, by striking out the figure "2,714,115" and inserting in place thereof the following figure:- "2,764,115".

Budget Amendment ID: FY2019-S4-1110

EPS 1110

Canton Defibrillator Replacement

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- "provided further, that $57,000 shall be expended for defibrillator replacements in public buildings in the Town of Canton"; and in said section 2, in said item 8000-0600, by striking out the figure "2,714,115" and inserting in place thereof the following figure:- "2,771,115".

Budget Amendment ID: FY2019-S4-1111

EPS 1111

Canton Town Hall Security Improvements

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- "provided further that $27,000 be expended for town hall security improvements in the Town of Canton"; and in said section 2, in said item 8000-0600, by striking out the figure "2,714,115" and inserting in place thereof the figure:- "2,741,115".

Budget Amendment ID: FY2019-S4-1113

EPS 1113

Fall River Public Safety Equipment

Mr. Rodrigues moved that the proposed new text be amended in section 2, in item 8000-0600, by inserting the following:- "provided, that not less than $90,000 shall be expended for public safety equipment in Fall River."; and in said item by striking out the figure "$2,714,115" and inserting in place thereof the following figure "$2,804,115

Budget Amendment ID: FY2019-S4-1114

EPS 1114

Municipal Police Training Fund

Messrs. Cyr, Lewis, Hinds, Welch, Keenan and Timilty, Ms. Gobi and Mr. O'Connor moved that the proposed new text be amended by adding the following sections:-

SECTION __. Section 35EEE of said chapter 10, 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; and (v) revenues, up to $10,000,000 in a calendar year, collected from the surcharge imposed by section 32E5⁄8 of chapter 90. 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 senate and house of representatives and the senate and house committees on ways and means not later than December 31.

SECTION X. 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: (i) estimate the full cost of operating the municipal police training committee; (ii) estimate how much revenue will be generated from the police training surcharge; and (iii) identify any additional funding necessary to fully fund the operations of the municipal police training committee. The executive office of public safety and security shall annually submit a report of its findings to the governor and the senate and house committees on ways and means not later than December 1.

SECTION XX. Chapter 90 of the General Laws 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 32E ¾ 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 __. Sections X and XX shall take effect on January 1, 2019.

Budget Amendment ID: FY2019-S4-1114-R1

Redraft EPS 1114

Municipal Police Training Fund

Messrs. Cyr, Lewis, Hinds, Welch, Keenan and Timilty, Ms. Gobi, Messrs. O'Connor, Moore, Ross, Montigny, Tran and DiDomenico moved that the proposed new text be amended by inserting after section 4 the following 2 sections:-

“SECTION 4A. Section 35EEE of said chapter 10, as 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 senate and the house of representatives and the senate and house committees on ways and means not later than December 31.

SECTION 4B. 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 municipal police training 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 Municipal Police Training 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.”; and

by inserting after section 18 the following section:-

“SECTION 18A. Chapter 90 of the General Laws is hereby amended by inserting after section 32E3/4 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 32E3/4 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.”; and

by inserting after section 63 the following section:-

“SECTION 63A. Sections 4A, 4B and 18A shall take effect on January 1, 2019.”.

Budget Amendment ID: FY2019-S4-1116-R1

Redraft EPS 1116

Sheriff Funding Commission

Messrs. Cyr, O'Connor and DiDomenico moved that the proposed new text be amended in section 47 by inserting after the word “correction”, in line 25, the following words:- “, including an analysis of geographical disparities in discretionary programming”; and

in said section 47, by striking out, in line 26, the words “and (vi)” and inserting in place thereof the following words:- “(vi) a review of the physical assets, infrastructure, buildings and communications equipment owned by each sheriff’s department and state prison; and (vii)”;

and in said section 47, by inserting after the word “accounts”, in line 29, the following words:- “, intermunicipal agreements”.

Budget Amendment ID: FY2019-S4-1116

EPS 1116

Sheriff Funding Commission

Messrs. Cyr and O'Connor moved that the proposed new text be amended in section 47 by striking out, in line 26, the words “and (vi)” and inserting in place thereof the following words:-

“(vi) a review of the physical assets, infrastructure, buildings and communications equipment owned by each sheriff’s department or the department of corrections, including a total dollar valuation by entity of deferred maintenance costs and infrastructure needs; (vii) an analysis of funding deficiencies and lack of programmatic offering by the commonwealth to geographically isolated sheriff’s departments including but not limited to those in the counties of Dukes and Nantucket; and (viii)”.

Budget Amendment ID: FY2019-S4-1117

EPS 1117

Commission on Crumbling Concrete Foundations

Mr. Lesser, Ms. Gobi, Mr. Welch, Ms. L'Italien and Mr. O'Connor moved that the proposed new text be amended by inserting after section 63 the following section:-

"SECTION__. Notwithstanding any general or special laws to the contrary, there shall be established a commission called the crumbling concrete foundations study commission, hereinafter referred to as the commission, for the purpose of identifying the financial and economic impacts of crumbling concrete foundations, which have deteriorated due to the presence of pyrrhotite, in the commonwealth.

The commission shall be made up of 14 members: 2 members of the senate, 1 of whom shall be selected by the senate president and 1 of whom shall be selected by the minority leader of the senate; 2 members of the house of representatives, 1 of whom shall be selected by the speaker of the house of representatives and 1 of whom shall be selected by the minority leader of the house of representatives; the attorney general or a designee; the secretary of the executive office of public safety and security or a designee; the commissioner of the division of insurance or a designee; 1 member from the Massachusetts Municipal Association; 1 member from the Massachusetts Concrete and Aggregate Producers Association; 1 member from the Massachusetts Insurance Federation; 1 member from the Massachusetts Association of Realtors; 1 member from the Real Estate Bar Association; and 2 members from municipalities where crumbling concrete foundations that have deteriorated due to the presence of pyrrhotite having been found.

The commission shall meet at least four times and shall conduct a separate public hearing in any region where there are concrete foundations have deteriorated due to the presence of pyrrhotite.

The commission’s study shall include, but not be limited to: (i) the degree to which crumbling concrete foundations that have deteriorated due to the presence of pyrrhotite are occurring in the commonwealth by identifying the affected locations within the commonwealth and the overall estimated cost to fully restore the damaged foundations; (ii) the fiscal impact on property values affected; (iii) the subsequent fiscal impact on property tax revenues affected; (iv) the impact on the real estate industry; (v) the potential causes of the crumbling foundations that have the presence of pyrrhotite; (vi) best practices undertaken in other states to deal with crumbling foundations that have deteriorated due to the presence of pyrrhotite; (vii) potential remedies for residential homeowners affected by crumbling foundations that have deteriorated due to the presence of pyrrhotite; and (viii) the extent to which this issue is governed by MGL chapter 93A.

The commission shall report its findings and recommendations along with any necessary or recommended legislation filed with the joint committee on consumer protection and professional licensure and the senate and house committees on ways and means not later February 1, 2019."

Budget Amendment ID: FY2019-S4-1117-R1

Redraft EPS 1117

Commission on Crumbling Concrete Foundations

Mr. Lesser, Ms. Gobi, Mr. Welch, Ms. L'Italien and Mr. O'Connor moved that the proposed new text be amended by inserting after section 56 the following section:-

“SECTION 56A. There shall be a commission to study the financial and economic impacts of crumbling concrete foundations due to the presence of pyrrhotite in the commonwealth.

The commission shall consist of: 1 person to be appointed by the president of the senate, who shall serve as co-chair; 1 person to be appointed by the speaker of the house of representatives, who shall serve as co-chair; 1 person to be appointed by the minority leader of the senate; 1 person to be appointed by the minority leader of the house of representatives; the attorney general or a designee; the secretary of public safety and security or a designee; the commissioner of insurance or a designee; and 7 persons to be appointed by the governor, 1 of whom shall be nominated by the Massachusetts Municipal Association, Inc., 1 of whom shall be nominated by the Massachusetts Concrete & Aggregate Producers Association, Inc., 1 of whom shall be nominated by the Massachusetts Insurance Federation, Inc., 1 of whom shall be nominated by the Massachusetts Association of Realtors, 1 of whom shall be nominated by The Real Estate Bar Association for Massachusetts, Inc. and 2 of whom shall be residents of municipalities in which crumbling concrete foundations that have deteriorated due to the presence of pyrrhotite have been found.

The study shall include, but not be limited to: (i) an examination of the degree to which concrete foundations are crumbling due to the presence of pyrrhotite in the commonwealth; (ii) a review of the affected locations within the commonwealth; (iii) an estimate of the total cost to fully restore concrete foundations damaged due to the presence of pyrrhotite; (iv) an analysis of the effect that the presence of pyrrhotite has on property values and the resulting fiscal impact on property tax revenues; (v) an analysis of the impact on the real estate industry; (vi) a review of best practices undertaken in other states to deal with crumbling foundations that have deteriorated due to the presence of pyrrhotite; and (vii) an examination of potential remedies for residential homeowners affected by crumbling foundations that have deteriorated due to the presence of pyrrhotite. The commission shall meet not less than 4 times and shall conduct at least 1 public hearing in a region where concrete foundations have deteriorated due to the presence of pyrrhotite.

The commission shall submit the results of its study and its recommendations, including drafts of legislation necessary to care those recommendations into effect, by filing the same with the clerks of the senate and house of representatives, the joint committee on consumer protection and professional licensure and the senate and house committees on ways and means not later February 1, 2019.”.

Budget Amendment ID: FY2019-S4-1118

EPS 1118

Black Men of Greater Springfield, Inc.'s W.E.B DuBois Academy Saturday School and W.E.B DuBois Academy Summer Camping Program

Messrs. Welch and Lesser moved that the proposed new text be amended in section 2, in item 8100-0111, by adding the following words:- “; provided, that not less than $50,000 shall be expended to the Black Men of Greater Springfield, Inc. to implement the W.E.B DuBois Academy Saturday School, W.E.B DuBois Academy Summer Camping Program, and the unity grants program in Springfield"; and

In said section 2, in said item 8100-0111, by striking out the figure “$6,000,000” and inserting in place thereof the following figure:- “$6,050,00”.

Budget Amendment ID: FY2019-S4-1119

EPS 1119

Western Massachusetts Regional Women’s Correctional Center

Messrs. Welch, Humason and Lesser and Ms. Gobi moved that the proposed new text be amended in section 2, in item 8910-0102, by adding the following words:- “; provided further, that $488,259 shall be expended for the operation of the Western Massachusetts Regional Women’s Correctional Center ”; and

In said section 2, in said item 8910-1030, by striking out the figure “$3,620,050” and inserting in place thereof the following figure:- “$4,108,309”.

Budget Amendment ID: FY2019-S4-1120

EPS 1120

Hampden Sheriff's Office Operations and Employee Retention

Messrs. Welch and Lesser and Ms. Gobi moved that the proposed new text be amended in section 2, in item 8910-0102, by striking the figure "$72,767,019" and inserting in place thereof the following figure:- "$76,242,478".

Budget Amendment ID: FY2019-S4-1121

EPS 1121

Department of Correction and Sheriff Funding Commission Membership

Mr. Welch moved that the proposed new text be amended in section 47, by striking out the figure “7”, in line 11, and inserting in place thereof the following figure:- “8”; and

In said section 47 by inserting after the word "justice", in line 17, the following words:- “, and 1 of whom shall be a representative of a labor union in the commonwealth which exclusively represents county correctional employees”.

Budget Amendment ID: FY2019-S4-1121-R1

Redraft EPS 1121

Department of Correction and Sheriff Funding Commission Membership

Mr. Welch moved that the proposed new text be amended in section 47, by striking out, in line 11, the figure “7” and inserting in place thereof the following figure:- “8”; and

in said section 47, by inserting after the word “Association,” in line 15, the following words:- “, 1 of whom shall be a representative of a labor union that is the exclusive representative of county correctional employees in the commonwealth”.

Budget Amendment ID: FY2019-S4-1121-R2

2nd Redraft EPS 1121

Department of Correction and Sheriff Funding Commission Membership

Mr. Welch moved that the proposed new text be amended in section 47, by striking out, in line 11, the figure “7” and inserting in place thereof the following figure:- “8”; and

in said section 47, by inserting after the word “Association,” in line 15, the following words:- “, 1 of whom shall be nominated by the National Correctional Employees Union”.

Budget Amendment ID: FY2019-S4-1122

EPS 1122

C3 Policing

Messrs. Welch and Lesser moved that the proposed new text be amended in section 2, in item 8100-0111, by inserting after item 8100-0111 the following item:- "XXXX-XXXX for the New North Citizens Council in the city of Springfield for C3 and E3 police management in low income and downtown neighborhoods"…………$75,000”.

Budget Amendment ID: FY2019-S4-1122-R1

Redraft EPS 1122

C3 Policing

Messrs. Welch and Lesser moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- “; provided further, that not less than $30,000 shall be expended for the New North Citizens Council in the city of Springfield for C3 and E3 police management in low-income and downtown neighborhoods; provided further, that not less than $60,000 shall be expended for Dispute Resolution Services, Incorporated in the city of Springfield to provide services to ex-offenders in the county of Hampden”; and in said section 2, in said item 8000-0600, by striking out the figure “$2,714,115” and inserting in place thereof the following figure:- “$2,804,115”.

Budget Amendment ID: FY2019-S4-1124

EPS 1124

Mandatory Dangerousness

Messrs. Tarr, O'Connor and Fattman moved that the proposed new text be amended by inserting after section _the following section:-

"SECTION _. Section 58A of chapter 276 of the general laws is hereby amended by inserting he following subsection:- (9) The commonwealth shall move, based on dangerousness, for an order of pretrial detention or release on conditions for any person who: (i) has been convicted previously of 1 or more of the following offenses: section 1, section 13, section 131/2, clause (i) of subsection (b) of section 13A, section 13B, subsection (a) of section 13B1/2, section 13B3/4, section 13F, committing an assault and battery upon a child and by such assault and battery causing bodily injury or substantial bodily injury under subsection (b) of section 13J, section 14, section 15, clause (i) of subsection (c) of section 15A, section 16, sections 17 and 18 if armed with a firearm, shotgun, rifle, machine gun, or assault weapon, section 18A, section 18B, section 18C, section 21, section 22, section 22A, section 22B, section 22C, section 23A, section 23B, section 24, section 24B, section 26, section 26B, section 26C, section 28, and subsection (b) of section 39 of chapter 265, section 14 or section 102C of chapter 266, section 4A, section 17, subsection (b) of section 29A, subsection (b) of section 29B, section 29C, section 35A and subsection (b) of section 53A of chapter 272.”

Budget Amendment ID: FY2019-S4-1125

EPS 1125

Criminal Justice and Community Support Trust Fund

Ms. Friedman, Messrs. Eldridge, Crighton, Barrett, Cyr, Feeney, Brownsberger, DiDomenico, Tarr and Montigny and Ms. L'Italien moved that the proposed new text be amended in section 3, by adding the following section:-

“SECTION XX. Chapter 29 of the General Laws is hereby amended by inserting after section 2VVVV the following section:-

Section 2WWWW. Criminal Justice and Community Support Trust Fund.

(a) There is hereby established and set up on the books of the commonwealth a separate fund to be known as the criminal justice and community support trust fund, hereinafter called the fund. The fund shall be administered by the executive office of public safety and security, in consultation with the department of mental health, which shall contract with county and community-based jail diversion programs and community policing and behavioral health training initiatives to administer the fund. There shall be credited to the fund any appropriations, grants, gifts or other monies authorized by the general court or other parties and specifically designated to be credited to the fund. The objectives of the fund shall include, but shall not be limited to: (1) supporting jail diversion programs for persons suffering from a mental illness or substance use disorder who interact with law enforcement or the court system during a pre-arrest investigation or the pre-adjudication process in order to divert individuals from lockup facilities and hospital emergency departments to appropriate treatment; (2) developing and providing training for state and municipal law enforcement in evidence-based mental health and substance use crisis response; (3) creating patient-focused ongoing community services for individuals who are frequent users of emergency departments and suffer from serious and persistent mental illness; and (4) providing funding for multi-year restoration center grants for the purpose of planning and implementing a restoration center within a county in the commonwealth.

(b) Monies deposited in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent year.

(c) The fund may apply for and accept subventions, grants, loans, advances and contributions from any source of money, property, labor or other things of value to be held, used and applied in furtherance of this section.

(d) The executive office of public safety and security shall, on or before March 1, file a report to the joint committee on mental health and substance abuse, the joint committee on public safety and homeland security, and the senate and house committees on ways and means detailing the fund’s activities.”

Budget Amendment ID: FY2019-S4-1125-R1

Redraft EPS 1125

Criminal Justice and Community Support Trust Fund

“SECTION 12A. Chapter 29 of the General Laws is hereby amended by inserting after section 2BBBBB the following section:-

Section 2CCCCC. (a) There shall be a Criminal Justice and Community Support Trust Fund. The fund shall be administered by the secretary of the executive office of public safety and security, in consultation with the department of mental health. The fund shall consist of amounts credited to the fund from: (i) any appropriations, grants, gifts or other monies authorized by the general court or other parties and specifically designated to be credited to the fund; and (ii) any income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be used without further appropriation for the purpose of making grants to county and community-based jail diversion programs and community policing and behavioral health training initiatives. The grants shall be for: (1) the support of jail diversion programs for persons suffering from a mental illness or substance use disorder; (2) the development and provision of training for state and municipal law enforcement in evidence-based or evidence-informed mental health and substance use crisis response; (3) the creation of patient-focused ongoing community services for individuals who are frequent users of emergency departments and suffer from serious and persistent mental illness or substance use disorder; or (4) the planning and implementation of restoration centers to divert individuals suffering from mental illness or substance use disorder who interact with law enforcement or the court system during a pre-arrest investigation or the pre-adjudication process from lock-up facilities and hospital emergency departments to appropriate treatment. Any unexpended balance in the fund at the close of a fiscal year shall remain in the fund and shall be available for expenditure in subsequent fiscal years.

Annually, not later than March 1, the secretary of the executive office of public safety and security shall issue a report to the clerks of the senate and house of representatives, the joint committee on mental health, substance use and recovery, the joint committee on public safety and homeland security and the senate and house committees on ways and means on the fund activities including, but not limited to, amounts credited to the fund, amounts expended from the fund and any unexpended balance.”.

Budget Amendment ID: FY2019-S4-1126

EPS 1126

Municipal Police Training Fund

Messrs. Tarr, Ross, O'Connor, Welch, Rush and Fattman moved that the proposed new text be amended by inserting after section ___ the following:-

"SECTION_. Clause (b) of section 35EEE of chapter 10 as inserted by SECTION 14 of chapter 69 of the acts of 2018 is hereby amended by inserting after "chapter 94G" the following:-of not less than 10 percent

Budget Amendment ID: FY2019-S4-1127

EPS 1127

HazMat Response Teams Funding

Messrs. Brady, Feeney, Rush, Moore and Eldridge, Ms. Gobi, Messrs. Cyr and Timilty, Ms. L'Italien, Messrs. Pacheco, O'Connor and deMacedo moved that the proposed new text be amended in section 2, in item 8324-0000, by inserting the following: “and provided further, that not less than $3,341,182 shall be expended for the hazardous materials emergency response program for the purposes of annual stipends pursuant to subsection (m) of section 5 of chapter 21K of the General Laws”; and in said item by striking out the figures “$20,304,522” and inserting in place thereof the following figures "$20,844,522” and further moves to amend the bill by adding the following section:

Section XX. Section 5 of chapter 21K of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 140, the figure “$3,000” and inserting in place thereof the following figure:- $5,000.

Budget Amendment ID: FY2019-S4-1128

EPS 1128

Mandatory Minimum

Messrs. Tarr, Fattman, Ross and O'Connor and Ms. O'Connor Ives moved that the proposed new text be amended by inserting after section__ the following section:-

"SECTION XX. Section 25 of chapter 279 of the general laws is hereby amended by inserting after subsection (b) the following:- "(i) Any person convicted as a habitual criminal of the offenses identified in subsection (b) of this section shall serve a sentence of no less than 5 years in the state prison in addition to the sentence provided by law for the offense. (ii) Any person convicted of a fourth or subsequent offense as identified in subsection (b) of this section shall serve a sentence of no less than 7 years in the state prison in addition to the sentence provided by law for the offense."

Budget Amendment ID: FY2019-S4-1129

EPS 1129

Randolph Public Safety Improvements

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0600, by adding at the end thereof the following words:- "provided further that $200,000 shall be expended public safety and traffic improvements in the Town of Randolph"; and in said section 2, in said item 8000-0600 by striking out the figure:- "2,714,115" and inserting in place thereof the following figure:- "2,914.115".

Budget Amendment ID: FY2019-S4-1130

EPS 1130

Northbridge Middle School Safety

Messrs. Fattman and 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 $50,000 shall be expended for increased safety and security measures at the Northbridge Middle School”; and in said item, by striking out the figure “$2,714,115” and inserting in place thereof the following figure:- “$2,764,115”.

Budget Amendment ID: FY2019-S4-1131

EPS 1131

Douglas Emergency Vehicle

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 further, that not less than $100,000 shall be expended for the purchase of a new emergency services vehicle in the town of Douglas”; and in said item, by striking out the figure “$2,714,115” and inserting in place thereof the following figure:- “$2,814,115”.

Budget Amendment ID: FY2019-S4-1132

EPS 1132

Milton Public Safety Improvements

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- "provided further, that $40,000 be expended for public safety improvements at the intersection of Blue Hill Avenue and Oak Street in the Town of Milton"; and in said section 2, in said item 8000-0600, by striking the figure:- "2,714,115" and inserting in place thereof the figure:- "2,754,115".

Budget Amendment ID: FY2019-S4-1133

EPS 1133

Southbridge Public Safety Communications Equipment

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 further, that not less than $100,000 shall be expended for the purchase of public safety communications equipment in the town of Southbridge”; and in said item, by striking out the figure $2,714,115” and inserting in place thereof the following figure:- “$2,814,115”.

Budget Amendment ID: FY2019-S4-1134

EPS 1134

Sutton Public Safety Communications Equipment

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 further, that not less than $100,000 shall be expended for the purchase of public safety communications equipment in the town of Sutton”; and in said item, by striking out the figure “$2,714,115” and inserting in place thereof the following figure:- “$2,814,115”.

Budget Amendment ID: FY2019-S4-1134-R1

Redraft EPS 1134

Sutton Public Safety Communications Equipment

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 further, that not less than $125,000 shall be expended for the purchase of public safety communications equipment in the town of Sutton”; and in said item, by striking out the figure “$2,714,115” and inserting in place thereof the following figure:- “$2,839,115”.

Budget Amendment ID: FY2019-S4-1135

EPS 1135

Reimbursements for Surrendering Private Property to the Commonwealth

Messrs. Fattman and O'Connor moved that the proposed new text be amended in section 2, by inserting after item 8100-0111, the following new item:-

“8000-XXXX For a reserve to reimburse individuals who surrender to the state police or a municipal police department a device or devices made illegal by sections 18 to 21, inclusive, of chapter 110 of the Acts of 2017; provided that reimbursements shall be in the amount of $150 per device…………….$25,000”

Budget Amendment ID: FY2019-S4-1136

EPS 1136

Law Enforcement Cooperation with the United States to Transfer Custody of Convicted Criminals

Messrs. Fattman, Humason and O'Connor moved that the proposed new text be amended by inserting after section __ the following new section:-

“SECTION __. Chapter 276 of the General Laws is hereby amended by inserting after section 20R the following section:-

Section 20S. (a) Any employee of the Commonwealth, or a public instrumentality or political subdivision thereof, who holds police powers or the powers of a sheriff or deputy sheriff, including but not limited to municipal police officers, court officers, and state troopers, and who has lawful custody of a person may, upon receipt of (1) a written request from United States Immigration and Customs Enforcement requesting detention of such person on the grounds that there is probable cause that such person is a removable alien and (2) an administrative warrant for arrest or warrant of removal/deportation, detain such person for a reasonable period of time after such person would otherwise be released from custody in order to transfer custody of such person to United States Immigration and Customs Enforcement, provided that a supervisory officer of such employee’s agency has, in accordance with a policy promulgated in accordance with subsection (c), first determined that there are specific facts indicating that the person to be detained poses a threat to public safety; and further provided that such person be provided with a copy of such written request; and further provided that in no circumstances shall such detention exceed 24 hours unless an appropriate judicial officer shall have made a probable cause determination under the procedure set forth in subsection (d).

(b) As used in subsection (a), “specific facts indicating that the person to be detained poses a threat to public safety” shall mean that, at a minimum, any of the following facts are true with respect to such person:

1.the person has engaged in or is suspected of terrorism or espionage, or otherwise poses a danger to national security;

2.the person has been convicted of an offense of which an element was active participation in a criminal street gang, as defined in 18 U.S.C. § 521(a);

3.the person has been convicted of an offense classified as a felony, other than a state or local offense for which an essential element was the person’s immigration status;

4.the person has been convicted of an aggravated felony, as defined under 8 U.S.C. § 1101(a)(43); or

5.the person has been convicted of a crime of (i) domestic violence; (ii) sexual abuse or exploitation; (iii) trafficking in persons in violation of sections 50 or 51 of chapter 265 or like violations of the law of another state, the United States or a military, territorial or Indian tribal authority; (iv) burglary; (v) unlawful possession or use of a firearm; (vi) drug distribution or trafficking; (vii) second or subsequent operating or driving under the influence; or (viii) any other offense for which the person has been sentenced to time in custody of 180 days or more.

(c) Each agency of the Commonwealth or any public instrumentality or political subdivision of the Commonwealth that chooses to allow its employees to exercise the authority granted by subsection (a) shall promulgate a written policy designating which supervisory officers may make the determination required by subsection (a) before a person is detained and the criteria such supervisory officer shall use in making such determination.

(d) A determination of probable cause for detention shall be made by an appropriate judicial officer and promptly reduced to writing. The appropriate judicial officer shall consider any information presented by the detaining agency, whether or not known at the time of initial detention. The detaining agency shall present the information under oath or affirmation or under the pains and penalties of perjury, and may present the information orally, in person or by any other means, or in writing. If presented in writing, the information may be transmitted to the appropriate judicial officer by facsimile transmission or by electronic mail or by such other electronic means as may be found acceptable by the court. The determination of probable cause for detention shall be an ex parte proceeding. The person detained shall have no right to appear, either in person or by counsel. If the judicial officer determines that there is not probable cause to believe the person detained is a removable alien, then the judicial officer shall order that the person be released forthwith. Such a determination and order shall be filed in the District Court having jurisdiction over the location of the detention, together with all written information submitted by the detaining agency. Such documents shall be filed separately from the records of criminal cases, and shall be open for inspection by the public. If a determination under this subsection is necessary, the detaining agency shall present the information necessary to obtain such determination to the appropriate judicial officer as soon as reasonably possible after the detention begins, but no later than 24 hours after the detention begins.

(e) This section shall not be construed to give rise to a private right of action and shall not be construed so as to make unlawful any arrest in this commonwealth which would otherwise be lawful.”

Budget Amendment ID: FY2019-S4-1136.1-R1

Redraft Further EPS 1136.1

Preventing discrimination

Messrs. Tarr, O'Connor and Fattman moved that the amendment be amended By striking the underlying amendment in its entirety and inserting in place thereof the following:-

SECTION XX. Chapter 30 of the General Laws is hereby amended by adding the following section:-

Section 66. (a) Under no circumstances shall the commonwealth, any political subdivision thereof, or any employee or agent of the commonwealth or any of its political subdivisions, establish any operation or program that requires, or has the effect of causing, persons to register or check in based in whole or in part on their religion, national origin, nationality, citizenship, race, ethnicity, gender, gender identity, sexual orientation or age, or maintain any records system, government file or database for the purpose of registering persons based in whole or in part on those categories with the exception

(b) In the event that any federal government operation or program requires, or has the effect of causing, persons to register or check in based in whole or in part on their religion, national origin, nationality, citizenship, race, ethnicity, gender, gender identity, sexual orientation or age, including but not limited to any such operation or program created pursuant to 8 United States Code, sections 1302(a) and 1303(a):

(1) no resources of the commonwealth or any political subdivision thereof shall be expended in the enforcement or implementation of such registry or check-in program;

(2) no employee or agent of the commonwealth or any of its political subdivisions shall access, or seek to access, any information maintained pursuant to such registry or check-in program; and

(3) no employee or agent of the commonwealth or any of its political subdivisions shall provide or disclose or offer to provide or disclose information to, or respond to a request for information from, such registry or check-in program.

(c) This section shall not apply to any government operation or program that: (1) merely collects and compiles data about nationals of a foreign country entering or exiting the United States; or (2) issues visas, grants United States citizenship, confers an immigration benefit, or temporarily or permanently protects noncitizens from removal; or (3) for the federal selective service program as established by the selective training and service act of 1940.

(d) Nothing in this section shall prohibit or restrain the commonwealth, any political subdivision thereof, or any employee or agent of the commonwealth or any of its political subdivisions, from sending to, or receiving from, any local, state, or federal agency, information regarding citizenship or immigration status, consistent with Section 1373 of Title 8 of the United States Code.

SECTION XX. Chapter 126 of the General Laws is hereby amended by adding the following section:-

Section 40. Agreements to Enforce Federal Law.

No officer or employee of any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth or any political subdivision thereof, with the exception of the department of correction and sheriff’s department, or a member of a law enforcement agency who has lawful custody of a person based on (1) a written request from United States Immigration and Customs Enforcement requesting detention of such person on the grounds that there is probable cause that such person is a removable alien and (2) an administrative warrant for arrest or warrant of removal/deportation, detain such person for a reasonable period of time after such person would otherwise be released from custody in order to transfer custody of such person to United States Immigration and Customs Enforcement, shall perform the functions of an immigration officer, whether pursuant to 8 U.S.C. section 1357(g) or any other law, regulation, or policy, whether formal or informal but shall not prohibit or restrain the commonwealth or any of its political subdivisions from sending to, or receiving from, any local, state or federal agency, information regarding citizenship or immigration status, consistent with section 1373 of title 8 of the United States Code. No officer or employee of any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth or any political subdivision thereof, with the exception of the department of correction or sheriff’s office, shall enter into such an agreement and, if such an agreement has been entered into, the officer or employee shall terminate the agreement pursuant to the terms of the agreement.

SECTION XX. Chapter 147 of the General Laws is hereby amended by adding the following section:-

Section 63. (a) As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise:

“Civil immigration detainer request”, any request by a federal immigration officer authorized under 8 C.F.R. section 287.7 or by any other authorized party, including any request made using federal form I-247A, I-247D or I-247N, asking a non-federal law enforcement agency, officer or employee to maintain custody of a person once that person is released from local custody or to notify the United States Department of Homeland Security of the person's release.

“Law enforcement agency”, any state, municipal, college or university police department, or program of one or more of the foregoing entities, or any other non-federal entity in the commonwealth charged with the enforcement of laws or the custody of detained persons.

“United States Department of Homeland Security”, the United States Department of Homeland Security and its component agencies, including Immigration and Customs Enforcement, the former Immigration and Naturalization Service, Customs and Border Protection, and any other federal agency charged with the enforcement of immigration laws.

(b) No officer or employee of a law enforcement agency, while acting under color of law, shall inquire about the immigration status of an individual unless such inquiry is required by federal or state law; provided that a judge or magistrate may make such inquiries as are necessary to adjudicate matters within their jurisdiction.

(c) All law enforcement agencies in the commonwealth shall, within 12 months of passage of this act, incorporate information regarding lawful and unlawful inquiries about immigration status into their regular introductory and in-service training programs. If a law enforcement agency receives a complaint or report that an officer or employee has inquired about an individual’s immigration status when such inquiry is not required by law, the agency shall investigate and take appropriate disciplinary or other action.

(d) If a law enforcement agency has in its custody a person who is the subject of a civil immigration detainer request or a non-judicial warrant, the agency shall provide them notice to their right to counsel provided, however, that the law enforcement agency shall not be responsible for the payment of the person’s attorney’s fees and expenses. The person, and his or her attorney if the person is represented by an attorney, shall be provided a copy of such detainer request or non-judicial warrant, and any other documentation the agency possesses pertaining to the person’s immigration case.

(e) An interview between a United States Department of Homeland Security agent and a person in the custody of a law enforcement agency conducted for immigration enforcement purposes shall take place only if the person in custody has given consent to the interview by signing a consent form that explains the purpose of the interview, that the interview is voluntary, and that the person may decline to be interviewed or may choose to be interviewed only with an attorney present. The consent form shall be prepared by the office of the attorney general and made available to law enforcement agencies in English and other languages commonly spoken in Massachusetts. The office of the attorney general may work with interested not-for-profit organizations to prepare translations of the written consent form. The law enforcement agency shall make best efforts to provide a consent form that is in a language that the person understands, and to provide interpretation if needed, to obtain the person’s informed consent.

(f) If the person in custody indicates that he or she wishes to have an attorney present for the interview, the law enforcement agency shall allow him or her to contact such attorney, and in the case that no attorney can be present, the interview shall not take place; provided, however, that the law enforcement agency shall not be responsible for the payment of the person’s attorney’s fees and expenses.

SECTION __. Chapter 276 of the General Laws is hereby amended by inserting after section 20R the following section:-

Section 20S. (a) Any employee of the Commonwealth, or a public instrumentality or political subdivision thereof, who holds police powers or the powers of a sheriff or deputy sheriff, including but not limited to municipal police officers, court officers, and state troopers, and who has lawful custody of a person may, upon receipt of (1) a written request from United States Immigration and Customs Enforcement requesting detention of such person on the grounds that there is probable cause that such person is a removable alien and (2) an administrative warrant for arrest or warrant of removal/deportation, detain such person for a reasonable period of time after such person would otherwise be released from custody in order to transfer custody of such person to United States Immigration and Customs Enforcement, provided that a supervisory officer of such employee’s agency has, in accordance with a policy promulgated in accordance with subsection (c), first determined that there are specific facts indicating that the person to be detained poses a threat to public safety; and further provided that such person be provided with a copy of such written request; and further provided that in no circumstances shall such detention exceed 12 hours unless an appropriate judicial officer shall have made a probable cause determination under the procedure set forth in subsection (d).

1. the person has engaged in or is suspected of terrorism or espionage, or otherwise poses a danger to national security;

2. the person has been charged with or convicted of an offense of which an element was active participation in a criminal street gang, as defined in 18 U.S.C. § 521(a);

3. the person has been charged with or convicted of an offense classified as a felony, other than a state or local offense for which an essential element was the person’s immigration status;

4. the person has been charged with or convicted of an aggravated felony, as defined under 8 U.S.C. § 1101(a)(43); or

5.the person has been charged with or convicted of a crime of (i) domestic violence; (ii) sexual abuse or exploitation; (iii) trafficking in persons in violation of sections 50 or 51 of chapter 265 or like violations of the law of another state, the United States or a military, territorial or Indian tribal authority; (iv) burglary; (v) unlawful possession or use of a firearm; (vi) drug distribution or trafficking; (vii) second or subsequent operating or driving under the influence; or (viii) any other offense for which the person has been sentenced to time in custody of 180 days or more.

(e) This section shall not be construed to give rise to a private right of action and shall not be construed so as to make unlawful any arrest in this commonwealth which would otherwise be lawful.”

Budget Amendment ID: FY2019-S4-1136.1-R2

2nd Redraft Further EPS 1136.1

Preventing discrimination

Messrs. Tarr, O'Connor and Fattman moved that the amendment be amended By striking the underlying amendment in its entirety and inserting in place thereof the following:-

SECTION XX. Chapter 30 of the General Laws is hereby amended by adding the following section:-

(1) no resources of the commonwealth or any political subdivision thereof shall be expended in the enforcement or implementation of such registry or check-in program;

(2) no employee or agent of the commonwealth or any of its political subdivisions shall access, or seek to access, any information maintained pursuant to such registry or check-in program; and

SECTION XX. Chapter 126 of the General Laws is hereby amended by adding the following section:-

Section 40. Agreements to Enforce Federal Law.

SECTION XX. Chapter 147 of the General Laws is hereby amended by adding the following section:-

Section 63. (a) As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise:

(c) Any agreement entered into between the federal government and a county sheriff shall be limited to identification of those in their custody who may not be in the country and the commonwealth legally by exchanging information with federal authorities

(d) All law enforcement agencies in the commonwealth shall, within 12 months of passage of this act, incorporate information regarding lawful and unlawful inquiries about immigration status into their regular introductory and in-service training programs. If a law enforcement agency receives a complaint or report that an officer or employee has inquired about an individual’s immigration status when such inquiry is not required by law, the agency shall investigate and take appropriate disciplinary or other action.

(e) If a law enforcement agency has in its custody a person who is the subject of a civil immigration detainer request or a non-judicial warrant, the agency shall provide them notice to their right to counsel provided, however, that the law enforcement agency shall not be responsible for the payment of the person’s attorney’s fees and expenses. The person, and his or her attorney if the person is represented by an attorney, shall be provided a copy of such detainer request or non-judicial warrant, and any other documentation the agency possesses pertaining to the person’s immigration case.

(f) An interview between a United States Department of Homeland Security agent and a person in the custody of a law enforcement agency conducted for immigration enforcement purposes shall take place only if the person in custody has given consent to the interview by signing a consent form that explains the purpose of the interview, that the interview is voluntary, and that the person may decline to be interviewed or may choose to be interviewed only with an attorney present. The consent form shall be prepared by the office of the attorney general and made available to law enforcement agencies in English and other languages commonly spoken in Massachusetts. The office of the attorney general may work with interested not-for-profit organizations to prepare translations of the written consent form. The law enforcement agency shall make best efforts to provide a consent form that is in a language that the person understands, and to provide interpretation if needed, to obtain the person’s informed consent.

(g) If the person in custody indicates that he or she wishes to have an attorney present for the interview, the law enforcement agency shall allow him or her to contact such attorney, and in the case that no attorney can be present, the interview shall not take place; provided, however, that the law enforcement agency shall not be responsible for the payment of the person’s attorney’s fees and expenses.

SECTION __. Chapter 276 of the General Laws is hereby amended by inserting after section 20R the following section:-

Section 20S. (a) Any employee of the Commonwealth, or a public instrumentality or political subdivision thereof, who holds police powers or the powers of a sheriff or deputy sheriff, including but not limited to municipal police officers, court officers, and state troopers, and who has lawful custody of a person may, upon receipt of (1) a written request from United States Immigration and Customs Enforcement requesting detention of such person on the grounds that there is probable cause that such person is a removable alien and (2) an administrative warrant for arrest or warrant of removal/deportation, detain such person for a reasonable period of time after such person would otherwise be released from custody in order to transfer custody of such person to United States Immigration and Customs Enforcement, provided that a supervisory officer of such employee’s agency has, in accordance with a policy promulgated in accordance with subsection (c), first determined that there are specific facts indicating that the person to be detained poses a threat to public safety; and further provided that such person be provided with a copy of such written request; and further provided that in no circumstances shall such detention exceed 12 hours unless an appropriate judicial officer shall have made a probable cause determination under the procedure set forth in subsection (d).

1. the person has engaged in or is suspected of terrorism or espionage, or otherwise poses a danger to national security;

2. the person has been charged with or convicted of an offense of which an element was active participation in a criminal street gang, as defined in 18 U.S.C. § 521(a);

3. the person has been charged with or convicted of an offense classified as a felony, other than a state or local offense for which an essential element was the person’s immigration status;

4. the person has been charged with or convicted of an aggravated felony, as defined under 8 U.S.C. § 1101(a)(43); or

(e) This section shall not be construed to give rise to a private right of action and shall not be construed so as to make unlawful any arrest in this commonwealth which would otherwise be lawful.”

Budget Amendment ID: FY2019-S4-1136.1

Further EPS 1136.1

Preventing discrimination

Messrs. Tarr, O'Connor and Fattman moved that the amendment be amended by inserting at the end of the underlying amendment the following:-

"SECTION_.Chapter 30 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 65 the following section:-

(i) no resources of the commonwealth or any political subdivision thereof shall be expended in the enforcement or implementation of such registry or check-in program;

(ii) no employee or agent of the commonwealth or any of its political subdivisions shall access, or seek to access, any information maintained pursuant to such registry or check-in program; and

(iii) no employee or agent of the commonwealth or any of its political subdivisions shall provide or disclose or offer to provide or disclose information to, or respond to a request for information from, such registry or check-in program.

(c) The prohibitions under subsections (a) and (b) shall not apply to any government operation or program that: (1) merely collects and compiles data about nationals of a foreign country entering or exiting the United States; or (2) issues visas, grants United States citizenship, confers an immigration benefit, or temporarily or permanently protects noncitizens from removal.

Budget Amendment ID: FY2019-S4-1137-R2

2nd Redraft EPS 1137

Ballistic vest protection supplemental

Messrs. Tarr, Timilty, O'Connor and Fattman moved that the proposed new text be amended in section 2, by inserting after section XX the following section:-

SECTION XX. The executive office of public safety and security, not later than December 31, 2018, shall file a report with the clerks of the house and senate reviewing the levels of reimbursement from the federal government and the commonwealth for bullet proof vests purchased by municipalities and determining the amount that would be required for such municipalities to achieve full reimbursement., possible mechanisms to reach said levels and expedite reimbursement

Budget Amendment ID: FY2019-S4-1137-R1

Redraft EPS 1137

Ballistic vest protection supplemental

Messrs. Tarr, Timilty, O'Connor and Fattman moved that the proposed new text be amended in section 2, by inserting after section XX the following section:-

Budget Amendment ID: FY2019-S4-1137

EPS 1137

Ballistic vest protection supplemental

Messrs. Tarr, Timilty, O'Connor and Fattman moved that the proposed new text be amended in section 2, by inserting in section 2 after line item 8100-0111 the following new item:-

"XXXX-XXXX:-To supplement the bullet proof vest reimbursement capital account....$500,000"

Budget Amendment ID: FY2019-S4-1138

EPS 1138

CIT Officer Certification

Messrs. Tarr and Fattman moved that the proposed new text be amended in section 2, Mr. Tarr moved that the proposed new text be amended in section 2, in item 8000-0313, by adding at the end thereof the following:- “provided that $75,000 be expended for the funding of the North Shore Police Department Crisis Intervention Team Collaborative, to expand regional CIT training, for police department clinician support, and to increase regional police department ability to access and link communities to coordinate care both during and prior to situations before they become crises; and in said item, by striking out the figures “$0” and inserting in place thereof the figures “$75,000”

Budget Amendment ID: FY2019-S4-1138-R1

Redraft EPS 1138

CIT Officer Certification

Mr. Tarr moved that the proposed new text be amended in section 2, by adding at the end thereof the following:- “provided that $75,000 be expended for the funding of the North Shore Police Department Crisis Intervention Team Collaborative, to expand regional CIT training, for police department clinician support, and to increase regional police department ability to access and link communities to coordinate care both during and prior to situations before they become crises in the following communities, Gloucester, Beverly, Rockport, Ipswich,Manchester, Essex and Danvers; and in said item, by striking out the figures “$0” and inserting in place thereof the figures “$75,000”

Budget Amendment ID: FY2019-S4-1139

EPS 1139

Access to Level 1 sex offender information for child care facilities

Mr. Tarr moved that the proposed new text be amended by adding the following section:

“SECTION XX. Chapter 6 of the General Laws is hereby amended by inserting after section 178J the following section:-

Section 178J ½. Notwithstanding any general or special law to the contrary, a designated point of contact person from the department of early education and care, a public or private pre-kindergarten school or a child care program or provider licensed by said department may request sex offender registry information, including, but not limited to information pertaining to level 1 sex offenders, from the board or the local police department as follows:

(i) Any designated point of contact person making a written request to the board pursuant to this section shall receive at no cost from the board a report which indicates whether an individual identified by name, date of birth or sufficient personal identifying characteristics is a sex offender with an obligation to register pursuant to this chapter, the offenses for which the offender was convicted or adjudicated and the dates of such convictions or adjudications. Any records of inquiry shall be kept confidential, except that the records may be disseminated to assist or defend in a criminal prosecution. All reports to point of contact persons making inquiries shall include a warning regarding the criminal penalties for use of sex offender registry information to commit a crime or to engage in illegal discrimination or harassment of an offender and the punishment for threatening to commit a crime under section 4 of chapter 275. The board shall not release information identifying the victim by name, address or relation to the offender.

(ii) Any designated point of contact person making a request through the local police department pursuant to this section shall: (1) appear in person at such police station and present proper identification; and (2) complete and sign a record of inquiry designed by the board which shall include; (i) the name and address of the department, school, program or provider making such request, (ii) the name of the person that is the subject of the inquiry, or personal identifying information sufficient to allow the police to identify the subject of the inquiry and (iii) the reason for, and date and time of the inquiry. If the search of the sex offender registry results in the identification of a sex offender required to register pursuant to this chapter, the police shall disseminate, to the point of contact person making the inquiry, the offenses for which the offender was convicted or adjudicated and the dates of such convictions or adjudications. The police shall not release information identifying the victim by name, address or the victim's relation to the offender.”

Budget Amendment ID: FY2019-S4-1140

EPS 1140

Security Grant Program for Nonprofits at High Risk of Terrorist Attack

In said section 2, in said item 8000-0600, by striking out the figure “$2,714,115” and inserting in place thereof the figure:- “$2,864,115".

Budget Amendment ID: FY2019-S4-1140-R1

Redraft EPS 1140

Security Grant Program for Nonprofits at High Risk of Terrorist Attack

Mr. Lesser, Ms. Creem, Messrs. Moore, Welch and O'Connor moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- “; provided further, that not less than $150,000 shall be expended for a nonprofit security grant pilot program for nonprofit organizations that are at high risk of terrorist attack and are ineligible for the United States Department of Homeland Security’s Nonprofit Security Grant Program based on their location; provided further, that (i) not less than one such grant shall be awarded to a nonprofit organization in the eastern region of the state; (ii) not less than one such grant shall be awarded to a nonprofit organization in the central region of the state; and (iii) not less than one such grant shall be awarded to the western region of the state”; and

in said section 2, in said item 8000-0600, by striking out the figure “$2,714,115” and inserting in place thereof the following figure:- “$2,864,115”.

Budget Amendment ID: FY2019-S4-1142-R1

Redraft EPS 1142

First Responder Suicide Prevention

Messrs. Montigny, deMacedo, Rodrigues, Timilty, Pacheco, O'Connor, Brady, Moore and Feeney moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- “; provided further, that not less than $100,000 shall be expended for the Southeastern Massachusetts Law Enforcement Council, Inc., to provide mental health, wellness and suicide prevention services to emergency service providers in southeastern Massachusetts; provided further, that no person who provides or receives said 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 a provider during the provision of such services shall be kept confidential and shall not be disclosed to a third party; provided further, that said disclosure may occur if a critical incident stress management team member, based on such information, has reasonable cause to believe that: (i) the emergency service provider or another person is in danger of serious bodily harm or death; (ii) a child is being subjected to abuse or neglect; or (iii) the information indicates the existence of a past or present act constituting an intentional tort or crime, provided that the tort or crime would not be barred under the applicable statute of limitations”.

Budget Amendment ID: FY2019-S4-1142

EPS 1142

First Responder Suicide Prevention

Messrs. Montigny, deMacedo, Rodrigues, Timilty, Pacheco, O'Connor and Brady 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 $100,000 shall be expended for the Southeastern Massachusetts Law Enforcement Council, Inc. to provide mental health, wellness, and suicide prevention services to emergency service providers in southeastern Massachusetts; provided further, that no person who provides or receives said 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 a provider during the provision of such services shall be kept confidential and shall not be disclosed to a third party; provided further, that said disclosure may occur if (i) the information indicates the existence of a danger to the individual who receives services or to any other person, (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: FY2019-S4-1143

EPS 1143

Public Safety Building Funding

Ms. Gobi moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following: "provided, that not less than $50,000 shall be expended to the town of Ashby for engineering costs for a public safety building; provided, that not less than $50,000 be expended to the town of Barre for the Barre Fire Department; provided, that not less than $13,000 be expended to the town of Spencer for improvements to the Spencer Police Station; provided, that not less than $12,000 be expended to the town of Brookfield for repairs to the Brookfield Fire Department;

In said section, in said item 8000-0600, by striking the figure "$2,714,115" and inserting in place thereof the following figure:- "2,839,115".

Budget Amendment ID: FY2019-S4-1144

EPS 1144

Crime Lab Testing Equipment

Messrs. O'Connor, Tarr, Moore and Ross moved that the proposed new text be amended in section 2, in item 8100-1004, by inserting at the end the following:-

"; and provided further that not less than $1,000,000 shall be expended to the state police crime laboratory for the purpose of training, certification, and the purchasing of equipment relative to testing purity levels in samples of carfentanil, fentanyl, and other synthetic opioids” and in said item by striking the figures “$18,790,501” and inserting thereof the figures “$19,790,501”"

Budget Amendment ID: FY2019-S4-1145

EPS 1145

Verification of sex offender registration

Messrs. Tarr, Humason, O'Connor and Fattman moved that the proposed new text be amended in section 2, The first paragraph of subsection (a) of section 178H of chapter 6 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following sentence:-

Prosecutions commenced pursuant to this section shall neither be continued without a finding nor dismissed unless the sex offender registry board or police department produces verified documentation from that the sex offender has registered.”

Budget Amendment ID: FY2019-S4-1146

EPS 1146

Parolee Supervision Fee Retained Revenue

Messrs. O'Connor, Tarr and Humason moved that the proposed new text be amended in section 2, in item 8950-0008, by striking out the wording and inserting in place thereof the following wording:-

“For the parole board, which may expend for the general operation of the parole board an amount not to exceed $600,000 from fees charged for parolee supervision.”

Budget Amendment ID: FY2019-S4-1147

EPS 1147

Civil Rights and Safety

Messrs. Eldridge and Lewis, Ms. L'Italien, Mr. Brownsberger, Ms. Friedman, Ms. Jehlen, Messrs. Hinds and Barrett, Ms. Chang-Diaz, Mr. Crighton, Ms. Creem, Messrs. DiDomenico, Boncore, Welch, Cyr and Lesser, Ms. O'Connor Ives and Mr. Collins moved that the proposed new text be amended by adding the following:

SECTION XX. Chapter 147 of the General Laws is hereby amended by adding the following section:-

Section 63. (a) As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise:

“Law enforcement agency”, any state, municipal, college or university police department, sheriff’s department, correctional facility, prosecutorial office, court, or program of one or more of the foregoing entities, or any other non-federal entity in the commonwealth charged with the enforcement of laws or the custody of detained persons.

(d) If a law enforcement agency has in its custody a person who is the subject of a civil immigration detainer request or a non-judicial warrant, the agency shall promptly provide the person, and his or her attorney if the person is represented by an attorney, with a copy of such detainer request or non-judicial warrant, and any other documentation the agency possesses pertaining to the person’s immigration case.

SECTION XX. Chapter 126 of the General Laws is hereby amended by adding the following section:-

Section 40. Agreements to Enforce Federal Law.

No officer or employee of any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth or any political subdivision thereof, with the exception of the department of correction, shall perform the functions of an immigration officer, whether pursuant to 8 U.S.C. section 1357(g) or any other law, regulation, or policy, whether formal or informal. Any agreements inconsistent with this section are null and void.

SECTION XX. Chapter 30 of the General Laws is hereby amended by adding the following section:-

(1) no resources of the commonwealth or any political subdivision thereof shall be expended in the enforcement or implementation of such registry or check-in program;

(2) no employee or agent of the commonwealth or any of its political subdivisions shall access, or seek to access, any information maintained pursuant to such registry or check-in program; and

Budget Amendment ID: FY2019-S4-1148

EPS 1148

Penalties for Distributing Explicit Images

Messrs. Tarr, O'Connor and Fattman moved that the proposed new text be amended by inserting after section ___the following sections:-

“SECTION AA. Section 37O of Chapter 71 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the second sentence of the definition of "Cyber-bullying" and inserting in place thereof the following sentence:-

Cyber-bullying shall also include: (i) the creation of a web page or blog in which the creator assumes the identity of another person; (ii) the knowing impersonation of another person as the author of posted content or messages; or (iii) the violation of sections 29D or 107 of chapter 272, if the creation, impersonation or violation creates any of the conditions enumerated in clauses (i) to (v), inclusive, of the definition of bullying.

SECTION BB. Chapter 119 of the General Laws is hereby amended by inserting after section 39L the following section:-

Section 39M. If a child is alleged to be a juvenile delinquent by reason of violating sections 29B, 29C, or 29D of chapter 272, unless the district attorney or the attorney general objects in writing stating the reasons for his objection, the court shall, if arraignment has not yet occurred, indefinitely stay arraignment and direct that the child enter and complete an educational diversion program approved by the district attorney or the attorney general. If the district attorney or the attorney general objects, the minor shall not be diverted and the case shall be arraigned in the ordinary course. If the court finds that the child has failed to complete the diversion program, the court shall bring the case forward, arraign the child and restore the delinquency complaint to the docket for further proceedings. If arraignment has already occurred, unless the district attorney or the attorney general objects in writing stating the reasons for his objection, at which point the case must proceed in the ordinary course, the court shall place the child on pretrial probation under section 87 of chapter 276. The conditions of such probation shall include, but not be limited to, completion of an educational diversion program approved by the district attorney or attorney general. If the child fails to substantially comply with the conditions of probation, the court shall restore the delinquency to the docket for trial or further proceedings.

SECTION CC. Section 24C of Chapter 265 of the General Laws as appearing in the 2014 Official Edition is hereby amended by inserting after the figure “265,” in line 8, the following words:-

or an arrest, investigation or complaint for unlawful sexual surveillance under section 105 of chapter 272, or an arrest, investigation or complaint for the harmful distribution of sexually explicit visual material under section 107 of said chapter 272.

SECTION DD. Chapter 272 of the General Laws is hereby amended by inserting after section 29C the following section:-

Section 29D. Whoever is a minor and violates sections 29B or 29C of this chapter may be charged with being a delinquent child or youthful offender in accordance with the provisions of chapter 119 or, in the sole discretion of the attorney for the Commonwealth, may instead be charged with being a delinquent child in accordance with the provisions of chapter 119 for engaging in peer to peer dissemination of explicit visual material, which shall be deemed a misdemeanor offense against the commonwealth. Adjudication as a delinquent child for engaging in peer to peer dissemination of explicit visual material shall not be deemed a "sex offense" under section 178C of chapter 6 of the general laws.

SECTION EE. Section 31 of Chapter 272 of the General Laws as so appearing is hereby amended by striking out, in lines 1 to 3, the words “twenty-eight, twenty-eight C, twenty-eight D, twenty-eight E, twenty-nine, twenty-nine A, twenty-nine B, thirty and thirty D,” and inserting in place thereof the following 10 figures:- 28, 28C, 28D, 28E, 29, 29A, 29B, 30, 30D and 107.

SECTION FF. Subsection (b) of section 105 of said chapter 272, as so appearing, is hereby amended by adding the following paragraph:-

Whoever willfully photographs, videotapes or electronically surveils another person who is nude or partially nude, when that person is in a gymnasium, athletic facility, restroom, or changing area, such that the person would have a reasonable expectation of privacy in not being so photographed, videotaped or electronically surveilled, and does so without that person’s consent, shall be punished by imprisonment in the house of correction for not more than 2 ½ years or by a fine of nor more than $5,000, or by both such fine and imprisonment.

SECTION GG. Subsection (c) of said section 105 of said chapter 272, as so appearing, is hereby amended by striking out, in line 45, the words “and second” and inserting in place thereof the following words:- , second or fourth.

SECTION HH. Said Chapter 272 is hereby amended by adding the following section:-

Section 107. (a) As used in this section, the following terms shall have the following meanings:

“Distribute”, give, sell, transfer, disseminate, publish, upload, circulate, broadcast, or engage in any other form of transmission, electronic or otherwise.

“Harm”, physical injury, financial injury or substantial emotional distress.

“Identifiable”, identifiable from the visual material itself or information offered in connection with the visual material.

“Partially nude”, the exposure of the human genitals, buttocks, pubic area or female breast below a point immediately above the top of the areola.

(b) Whoever knowingly distributes visual material depicting another identifiable person who is nude, partially nude, or engaged in sexual conduct, when the distribution would cause a reasonable person to suffer harm, and does so with the intent to harm, harass, intimidate, threaten or coerce, or with reckless disregard for the likelihood that the person depicted or the person receiving will suffer harm, and, at the time of the distribution, knew or should have known that the depicted identifiable person did not consent to the distribution shall be punished by imprisonment in the state prison for not more than 5 years, or in the house of correction for not more than 2 ½ years, or by a fine of not more than $10,000, or both. For purposes of this subsection, consent to the creation of visual material shall not, by itself, constitute consent to the distribution of the visual material or any part, representation or reproduction thereof.

(1) visual material involving nudity, partial nudity or sexual conduct that is both (i) voluntary and (ii) in a public or commercial setting or in a place where a person does not have a reasonable expectation of privacy;

(2) distribution made in the public interest, including the reporting of unlawful conduct;

(3) lawful and common practices of: law enforcement, criminal reporting, corrections, legal proceedings, or medical treatment;

(4) distribution of visual material that constitutes a matter of public concern; or

(5) interactive computer services, as defined in 47 U.S.C. § 230(f)(2), or information services or telecommunications services, as defined in 47 U.S.C. § 153, for content solely provided by another person.

This subsection shall not preclude other remedies available at law.

(d) Whoever threatens to commit the crime set forth in subsection (b) shall be punished by imprisonment in the state prison for not more than 5 years, or in the house of correction for not more than 2 ½ years, or by a fine of not more than $10,000, or both.

(e) In a prosecution under this section, a justice of the superior court, district court or juvenile court may issue appropriate orders to restrain or prevent the unlawful distribution of visual material in violation of this section.

(f) A copy of visual material that is part of any court record arising from a prosecution under this section shall not be open to public inspection and shall only be made available by court personnel to a law enforcement officer, prosecuting attorney, defendant's attorney, defendant, or victim connected to such prosecution for inspection, unless otherwise ordered by the court.

SECTION II. Section AA shall take effect on July 1, 2018.”.

Budget Amendment ID: FY2019-S4-1149

EPS 1149

Hampshire Sheriff's Office

Messrs. Hinds, Humason and Lesser and Ms. Gobi moved that the proposed new text be amended in section 2, in item 8910-0110, by striking out the figures “$14,910,117” and inserting in place thereof the figures “$15,303,879”.

Budget Amendment ID: FY2019-S4-1150-R1

Redraft EPS 1150

Berkshire Opioid Abuse Prevention Collaborative

Mr. Hinds moved that the proposed new text be amended in section 2, in item 8910-0145, by adding at the end thereof the following:- “provided, that not less than $150,000 shall be expended for the Berkshire Opioid Abuse Prevention Collaborative”; and in said item, by striking out the figures “$18,169,543” and inserting in place thereof the figures “$18,319,543”.

Budget Amendment ID: FY2019-S4-1150

EPS 1150

Berkshire Opioid Abuse Prevention Collaborative

Mr. Hinds moved that the proposed new text be amended in section 2, in item 8910-0145, by adding at the end thereof the following:- “provided, that not less than $250,000 shall be expended for the Berkshire Opioid Abuse Prevention Collaborative”; and in said item, by striking out the figures “$18,169,543” and inserting in place thereof the figures “$18,419,543”.

Budget Amendment ID: FY2019-S4-1151

EPS 1151

Townsend Veterans Memorial

Mr. Tran moved that the proposed new text be amended in section 2, in item 8700-0001, by adding the following: "provided further, that no less than $7,100, shall be expended to the Town of Townsend for a monument honoring all veterans" and in said item by striking out the figures "43,220,092" and inserting in place thereof the figures "43,229,192"

Budget Amendment ID: FY2019-S4-1151-R1

Redraft EPS 1151

Townsend Veterans Memorial

Mr. Tran and Ms. L'Italien moved that the proposed new text be amended in section 2, in item 1410-1616, by adding the following words:- “; provided further, that not less than $7,100 shall be expended for a monument honoring veterans in the town of Townsend”; and

in said section 2, in said item 1410-1616, by striking out the figure “$95,000” and inserting in place thereof the following figure:- “$102,100”.

Budget Amendment ID: FY2019-S4-1152

EPS 1152

Public Safety Building Fund

Ms. Gobi, Messrs. Humason and O'Connor and Ms. L'Italien moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- "provided further, that the office of the secretary shall create a grant program with the purpose of providing financial assistance to municipalities for construction and repairs to municipal public safety facilities in the commonwealth".

Budget Amendment ID: FY2019-S4-1153

EPS 1153

Protecting Family Ties

Mr. Montigny, Ms. Creem, Mr. Eldridge, Ms. Jehlen and Mr. O'Connor moved that the proposed new text be amended in section 2, by inserting the following new section:-

SECTION XX. Chapter 127 of Massachusetts General Laws of 2016 is hereby amended by adding the following section:--

Section 87A. The cost of local and long distance telephone service provided to prisoners in department of correction facilities and county houses of correction shall be the same as the rates charged for comparable residential telephone service. The department of correction and county houses of correction shall negotiate contracts for local and long distance telephone service on the basis of offering the lowest cost to users. The commonwealth, the department of correction, and the county houses of correction shall not accept commissions or revenues, nor receive any telephone services for their employees at below market rate cost from the provider(s) of prisoner telephone service.

Budget Amendment ID: FY2019-S4-1154

EPS 1154

Testing for Drugged Driving

Messrs. Keenan, Timilty and O'Connor moved that the proposed new text be amended by inserting after section __ the following section:-

"SECTION __. The Secretary of Public Safety shall promulgate emergency regulations to allow the Office of Alcohol Testing to establish a pilot program for the use of mechanical devices to develop information and data to help determine whether an individual has been using drugs or is under the influence of drugs while driving. If a police officer, upon probable cause, has reason to believe that an individual might be a driving under the influence of drugs, then said officer may ask the individual to take a test on a device approved by the Office of Alcohol Testing for said pilot program. The courts may not use the failure to take a test as evidence that the person was under the influence of drugs but the court may admit such evidence as they deem allowable and in compliance with the standards, case law and statues."

Budget Amendment ID: FY2019-S4-1155

EPS 1155

SORB Pilot Program

Messrs. Tarr, O'Connor and Fattman moved that the proposed new text be amended in section 2, Notwithstanding any special or general law to the contrary, the sex offender registry board, in consultation with municipal police departments, shall create a pilot program to allow police departments to volunteer and participate in training and certification with regards to offender address verification and tracking offenders in violation.

Budget Amendment ID: FY2019-S4-1156

EPS 1156

State Police Accreditation

Mr. Moore moved that the proposed new text be amended by inserting after section _ the following section:-

SECTION __. Notwithstanding any general or special law to the contrary, the colonel of the state police shall engage a state or nationally recognized accrediting agency to certify or accredit the department of the state police. Prior to certification or accreditation by a state or nationally recognized accrediting agency, the colonel shall report quarterly to the secretary of the executive office of public safety on the department’s progress to achieving certification or accreditation. After certification or accreditation by a state or nationally recognized accrediting agency, the colonel shall make available all records, reports, audits, reviews, papers, books, documents, recommendations and correspondence of the department or any employee of the department as requested by the inspector general or the inspector general’s designee to monitor the policy changes initiated as a result of the certification or accreditation.

Budget Amendment ID: FY2019-S4-1156-R1

Redraft EPS 1156

State Police Accreditation

Mr. Moore moved that the proposed new text be amended by inserting after section 7 the following section:-

“SECTION 7A. Chapter 22C of the General Laws is hereby amended by adding the following section:-

Section 72. Notwithstanding any general or special law to the contrary, the department shall maintain certification or accreditation from a state or nationally recognized accrediting agency. If at any time the department fails to maintain certification or accreditation, the colonel shall report quarterly to the secretary of public safety and security on the department’s efforts to achieve certification or accreditation. The inspector general shall monitor policy changes initiated as a result of the certification or accreditation and ensure ongoing compliance with this section.”.

Budget Amendment ID: FY2019-S4-1157

EPS 1157

Sex Offender Registration Dissemination

Messrs. Tarr, Humason, O'Connor and Fattman moved that the proposed new text be amended by inserting after section __the following section:-

"SECTION_:Section 178L of chapter 6 as appearing in the 2016 official edition is hereby amended by inserting at the end thereof the following:-"Upon final classification the sex offender registry board shall transmit the information to local law enforcement and the district attorney"