Consolidated Amendment #C to H.5150

Consolidated Amendment "C" to H5150

Constitutional Officers and State Administration/Public Safety/Judiciary

Fiscal Note: $4,773,493

Amendment 735 is recategorized from Public Health to Public Safety

Amendments from Constitutional Officers and State Administration: 1, 7, 8, 9, 10, 35, 37, 44, 47, 51, 76, 109, 135, 136, 143, 145, 153, 164, 185, 192, 208, 230, 231, 232, 233, 234, 235, 240, 241, 242, 243, 251, 277, 290, 292, 300, 319, 320, 326, 343, 356, 365, 374, 375, 376, 382, 383, 385, 386, 418, 425, 426, 435, 467, 475, 478, 482, 485, 490, 498, 505, 506, 511, 512, 515, 530, 558, 570, 572, 576, 578, 580, 586, 602, 608, 620, 632, 641, 657, 665, 674, 695, 699, 726, 741, 742, 743, 745, 746, 769

Amendments from Judiciary: 86, 114, 157, 190, 202, 270, 288, 289, 359, 453, 643, 757, 760, 770

Amendments from Public Safety: 5, 15, 66, 68, 69, 81, 92, 99, 103, 126, 146, 161, 177, 211, 224, 283, 284, 286, 314, 328, 329, 333, 339, 368, 373, 378, 379, 381, 388, 390, 398, 400, 428, 494, 496, 497, 516, 534, 535, 536, 543, 547, 559, 567, 569, 588, 591, 593, 596, 597, 607, 614, 622, 635, 671, 672, 698, 712, 714, 729, 732, 740, 752, 761

Mr. Michlewitz of Boston and others move to amend section 2, in item 0330-0300, by inserting after the word “litigants” the following words:- ; provided further, that not less than $75,000 shall be expended for programs providing direct legal assistance in the area of tenants' rights sponsored by the University of Massachusetts school of law;

And further amend said item by striking out the figure “$270,730,477” and inserting in place thereof the following figure:- $270,805,477;

And further amend said section 2, in item 0337-0002, by adding the following words:- ; provided, that not less than $125,000 shall be expended for the Worcester county court-appointed special advocates program; provided further, that not less than $56,000 shall be expended for the Franklin and Hampshire county court-appointed special advocates program; provided further, that not less than $87,995 shall be expended for the Hampden county court-appointed special advocates program; provided further, that not less than $62,500 shall be expended for the Essex county court-appointed special advocates program; provided further, that not less than $100,000 shall be expended for the Boston court-appointed special advocates program; and provided further, that not less than $26,998 shall be expended for the Berkshire county court-appointed special advocates program;

And further amend said item by striking out the figure “$19,998,233” and inserting in place thereof the following figure:- $20,456,726;

And further amend said section 2, in item 0810-1205, by adding the following words:- ; provided further, that not less than $50,000 shall be expended for the SAFE Coalition Incorporated to provide support, education, treatment options, and coping mechanisms for those affected by substance use disorder in the city known as the town of Franklin;

And further amend said item by striking out the figure “$1,836,180” and inserting in place thereof the following figure: - $1,886,180;

And further amend said section 2, in item 1599-0026, by inserting after the word “improvements” the following words:- provided, that not less than $1,000,000 shall be expended for an incentive program to be run by the community compact cabinet for communities and municipalities engaging in the use of best practices; provided further, that not less than $135,000 shall be expended for a rehabilitation project for the Chevalier theater in Medford; provided further, that not less than $10,000 shall be expended for 2019 novel coronavirus related expenses, services and supplies including for food banks and mental health services in Millbury; provided further, that not less than $15,000 shall be expended for youth and family services programs including food banks and mental health services in the town of Auburn; provided further, that not less than $20,000 shall be expended for a handicap ramp at the Merrimac town hall in the town of Merrimac; provided further, that not less than $50,000 shall be expended for the implementation of the disabilities act self evaluation and transition plan for the town of Milford; provided further, that not less than $50,000 shall be expended for costs of repairs to damage caused by climate change in Belmont; provided further, that not less than $25,000 shall be expended for maintenance and repair of open spaces in the town of Westport, including athletic fields and other spaces providing fresh air and exercise during the 2019 novel coronavirus; provided further, that not less than $25,000 shall be expended for an upgrade of safety equipment and fire alarms at the Lunenburg primary school in the town of Lunenburg; provided further, that not less than $50,000 shall be expended for the Russell street elementary school in the town of Littleton;

And further amend said item by striking out the figure “$3,600,000” and inserting in place thereof the figure:- $4,380,000;

And further amend said section 2, in item 1790-0100, by adding the following words:- ; provided further, that not less than $60,000 shall be expended for the town of Belmont information technology department for additional disk storage; and provided further, that not less than $60,000 shall be expended for the digitization of municipal records in the town of Wellesley;

And further amend said item by striking out the figure "$3,105,778" and inserting in place thereof the figure:- $3,225,778;

And further amend said section 2, in item 8000-0600, by adding the following words:- ; provided further, that not less than $50,000 shall be expended for the purposes of public safety in the town of Saugus; provided further, that not less than $15,000 shall be expended for public health and safety improvements in the town of Grafton; provided further, that not less than $15,000 shall be expended for public health and safety improvements in the town of Upton; provided further, that not less than $50,000 shall be expended to the Stoneham police department to modernize its emergency equipment; provided further, that not less than $50,000 be expended for the purposes of improving public safety in the town of North Reading;

And further amend said item by striking out the figure “$3,614,795” and inserting in place thereof the figure:- $3,794,795;

And further amend said section 2, in item 8000-0655, by adding the following words:- ; provided further, that not less than $50,000 shall be expended for community at risk support services for public safety in the city of Fall River;

And further amend said item by striking out the figure “$4,000,000” and inserting in place thereof the figure: - $4,050,000;

And further amend said section 2, in item 8100-0111, by striking out the words “4 per cent of the value of the grant” and inserting in place thereof the following words:- 7 per cent of the grant;

And further amend said item by striking out the figure “$11,000,000” and inserting in place thereof the figure:- $11,330,000;

And further amend said section 2, in item 8100-1001, by inserting after the words “criminal justice information services” the following 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 and 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 2021; provided further, that funds shall be expended for directed patrols at Constitution Beach in East Boston; provided further, that not less than $95,000 shall be expended for additional patrols for the summer season at Wollaston Beach and Furnace Brook Parkway in Quincy;

And further amend said item by striking out the figure “$287,418,253” and inserting in place thereof the figure:- $288,448,253;

And further amend said section 2, in item 8324-0000, by adding the following words:- ; provided further, that not less than $50,000 shall be expended for the Norfolk County Regional Fire and Rescue Dispatch Center; provided further, that not less than $50,000 shall be expended to the fire department of the town of Winchester for the modernization of protective emergency equipment; provided further, that not less than $25,000 shall be expended for the installation of security cameras in the public portions of 2 fire department substations in the city of Marlborough; provided further, that not less than $50,000 shall be expended for emergency radio communications upgrades for the Fire Chiefs’ Association of Bristol county for the partial cost of the implementation of developing and upgrading the emergency radio communications system in Bristol county; provided further, that not less than $50,000 shall be expended to the town of Wilmington for the purchase of emergency vehicle laptops and other secure communications equipment to allow for coordinated COVID-19 police and fire response and to meet patient privacy concerns; provided further, that not less than $250,000 shall be expended for the Boston Fire Department Training Academy;

And further amend said item by striking out the figure “$28,258,334” and inserting in place thereof the figure:- $28,733,334;

And further amend said section 2, in item 8700-0001, by inserting after the words “pay grades” the following words: - ; provided further, that not less than $50,000 shall be allocated to fully fund the National Guard’s Protection Partnership Program; 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 further amend said item by striking out the figure “$11,136,893” and inserting in place thereof the figure:- $11,236,893;

And further amend said section 2, in item 8900-0001, by adding the following words:- ; provided further, that not less than $50,000 shall be expended for the Dismas House of Massachusetts, Inc. in Worcester; provided further, that the department shall expend not less than $1,000,000 for municipalities hosting department of correction facilities;

And further amend said item by striking out the figure “$685,058,991” and inserting in place thereof the figure:- $686,108,991;

And further amend said section 2, in item 8900-1100, by adding the following words:- ; and provided further, that not less than $50,000 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 further amend said item by striking out the figure “$1,500,000” and inserting in place thereof the figure:- $1,550,000;

And further amend said section 2, in item 8910-0102, by adding the following words:- ; provided further, that not less than $25,000 shall be expended for Dispute Resolution Services, Incorporated in Springfield to provide community mediation services to ex-offenders for conflict resolution within the community, general community mediation services to the residents of Hampden county to prevent conflict escalation that would require police, court and corrections interventions and involvement, and training for correctional officers and other staff members as requested in mediation and conflict resolution techniques;

And further amend said item by striking out the figure “$76,799,582” and inserting in place thereof the figure:- $76,824,582;

And further amend the bill by inserting, after section 3, the following section:-

SECTION 3A. Subdivision (2) of section 178K of chapter 6 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in lines 119 and 120, the words “and the department of mental health” and inserting in place thereof the following words:- , the department of mental health and the department of developmental services.

And further amend the bill by inserting after section 14B, inserted by Consolidated “B”, the following 2 sections:-

SECTION 14C. Section 4 of chapter 33 of the General Laws, as so appearing, is hereby amended by inserting after the word “lancers”, in line 3, the following words:- the 54th Massachusetts Volunteer Regiment.

SECTION 14D. Said chapter 33 of the General Laws, as so appearing, is hereby further amended by inserting after section 4A the following section:-

Section 4B. The 54th Massachusetts Volunteer Regiment shall be organized as the commander-in-chief directs and may retain their name and the right to wear distinctive uniforms; provided, however, that such uniforms shall be provided by the adjutant general. The 54th Massachusetts Volunteer Regiment may retain their methods of selecting officers and conducting their internal affairs consistent with the laws of the commonwealth and of the United States. The 54th Massachusetts Volunteer Regiment may use land and facilities belonging to the commonwealth for their activities, equipment and exercises, without charge, and may receive from the commonwealth, its departments, divisions or bureaus or the federal government without charge, any surplus equipment, goods or other materials, as are available; provided, that such equipment, goods or other materials, shall remain the property of the commonwealth and shall be accounted for as such.

And further amend the bill by striking out section 17 and inserting in place thereof the following:-

SECTION 17. Said chapter 62C is hereby amended by inserting after section 16A the following section:-

Section 16B. (a) Notwithstanding the due date of the return as set forth in section 16 or the payment date as set forth in section 32, or any other general or special law to the contrary, a payment of taxes shall be made in advance of filing of the return required under subsections (g) or (h) of said section 16 but not later than the twenty-fifth day of the last month of the filing period; provided, however, that such payment shall include tax collected for any taxable sale made during the days in the filing period occurring on or before the twenty-first day of the last month of the filing period; provided further, that this section shall not apply to operators whose cumulative room occupancy excise liability in the immediately preceding calendar year with respect to returns filed pursuant to said subsection (g) of said section 16 was not more than $150,000; provided further, that this section shall not apply to vendors whose cumulative sales tax liability in the immediately preceding calendar year with respect to returns filed pursuant to said subsection (h) of said section 16 was not more than $150,000; provided further, that this section shall not apply to a materialman who files a return with the commissioner pursuant to said subsection (h) of said subsection 16; and provided further, that tax collected for any taxable sale made during the remaining days of the filing period for which tax was not previously remitted shall be remitted at the time the return for that filing period is required to be filed.

(b) If any person required by this section to make a payment of taxes in advance of the filing fails to make such payment on or before the date prescribed, there shall be imposed upon such person a penalty of 5 per cent of the amount of the underpayment unless it is shown that such failure is due to reasonable cause and not to willful neglect. For purposes of this subsection, the term “underpayment” means the amount by which the tax required to be so made exceeds the amount, if any, thereof made on or before the date prescribed.

And further amend the bill by inserting after section 32D, inserted by Consolidated “B”, the following 3 sections:-

SECTION 32E. Section 32 of chapter 34 of the acts of 2019 is hereby amended by striking out the words “March 31, 2020” and inserting in place thereof the following words:- December 31, 2021.

SECTION 32F. Section 90 of chapter 41 of the acts of 2019 is hereby amended by striking out the words “December 31, 2019” and inserting in place thereof the following words:- July 31, 2021.

SECTION 32G. Subsection (a) of section 14 of chapter 53 of the acts of 2020 is hereby amended by striking out the words “in calendar year 2020” and inserting in place thereof the following:- in calendar years 2020 and 2021.

And further amend the bill by inserting after section 42A, inserted by Consolidated “A”, the following section:-

SECTION 42B. (a) Notwithstanding any general or special law to the contrary, if the committee for public counsel services determines that there exists a limited availability of qualified private counsel appointed or assigned to care and protection cases in any county, the committee may, by a majority vote, declare an emergency in that county.

(b) Upon the declaration of an emergency pursuant to subsection (a), the committee may authorize a temporary increase in the rate of compensation for private counsel appointed or assigned to care and protection cases in that county who, prior to the declaration of an emergency, have billed not less than 350 hours in the current fiscal year as private counsel appointed or assigned to care and protection cases or who have billed not less than 700 hours in the previous fiscal year as private counsel appointed or assigned to care and protection cases. The committee shall designate a certain minimum number of cases to be taken by each private appointed counsel who is designated eligible to receive the emergency temporary rate of compensation. The temporary increase in the rate of compensation shall be for new case assignments made on or after the date of the declaration of an emergency pursuant to subsection (a). The temporary increase in the rate of compensation shall apply for the duration of those new case assignments. The temporary increase in the rate of compensation for private counsel appointed or assigned to care and protection cases approved by the committee shall not exceed $75 per hour. If the committee determines that the increase in the rate of compensation has not resulted in a sufficient increase in the number of care and protection assignments being taken by private counsel, the committee may modify the eligibility criteria. The chief counsel shall notify the chairs of the house and senate committees on ways and means upon any such modification.

(c) Upon the declaration of an emergency pursuant to subsection (a), the chief counsel of the committee may waive the annual cap on billable hours for private counsel appointed or assigned to represent clients in care and protection cases in the specified county; provided, however, that any counsel appointed or assigned to such cases shall not be paid for any time billed in excess of 2,000 billable hours.

(d) The committee may limit the availability of the rate of compensation authorized under subsection (b) based on the committee’s monitoring and evaluation of the performance of counsel pursuant to section 10 of chapter 211D of the General Laws or to attorneys whose offices are located in particular counties.

And further amend the bill by inserting after section 44F, inserted by Consolidated “B”, the following 2 sections:-

SECTION 44G. Section 42B is hereby repealed.

SECTION 44H. Section 44G shall take effect on July 1, 2021.