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| Executive Office of Public Safety |
| Executive Office of Public Safety |
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Alcoholic Beverage Control Commission Transfer to Public Safety
SECTION 11.
Section 18 of said chapter 6A, as appearing in the 2002 Official Edition, is hereby amended by inserting after the word "vehicles;" in line 3, the following:- alcoholic beverage control commission;.
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Alcoholic Beverage Control Commission Transfer to Public Safety
SECTION 12.
Section 18A½ of said chapter 6A, as amended by section 22 of chapter 26 of the acts of 2003, is hereby further amended by inserting after the word "laboratory," in the second paragraph, the following:- alcoholic beverage control commission,.
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Emergency Telecommunications Program Funding
SECTION 13.
Said chapter 6A of the General Laws is hereby amended by striking out section 18H as added by section 1 of chapter 239 of the acts of 2002, and inserting in place thereof the following section:-
Section 18H½. (a) The department of telecommunications and energy shall promulgate rules providing for the recovery by telecommunications companies of expenses that have been, are, or will be, until December 31, 2007, incurred that are associated with the services pursuant to sections 18A to 18F, inclusive, of this chapter and sections 14A and 15E of chapter 166. With respect to any deficit incurred by the telephone companies before the effective date of this section, the department of telecommunications and energy shall determine the portion of directory assistance revenues that will be used to offset that deficit, including any interest the department may determine should be applied. The rules shall provide for the funding of the prudently incurred expenses by means of a charge on each voice grade exchange telephone line of business and residence customers within the commonwealth; but the surcharge applicable to centrex service shall be based on an equivalency provided to each private branch exchange trunk. In the development of the charge, all telephone companies shall submit to the department historical data verifying their participation in the statutory funding mechanism. The department of telecommunications and energy shall annually report to the general court concerning the financial condition of the fund and shall address in the report the reasonableness of the capital expenditures and related expenses of the statewide emergency telecommunications board incurred in complying with chapter 166, sections 14A and 15E.
b) Each telecommunication company shall remit the surcharge revenues collected from its subscribers to the state treasurer for deposit in the Wireline Enhanced 911 Fund established in section 35W½ of chapter 10. The surcharge revenues shall be used by the board for the recovery by the board and telecommunications companies of expenses that have been, or will be, incurred in complying with sections 18A to 18F, inclusive, of this chapter and sections 14A and 15E of chapter 166.
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Emergency Telecommunications Program Funding
SECTION 24.
Said chapter 10, as so appearing, is hereby amended by inserting after section 35W the following new section:-
Section 35W½. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Wireline Enhanced 911 Fund. There shall be credited to such fund all revenues received by the commonwealth from surcharges imposed under section 18H½ of chapter 6A; from appropriations; from gifts, grants, contributions and bequests of funds from any department, agency or subdivision of federal, state or municipal government, and any individual foundation, corporation, association or public authority; revenue derived from the investment of amounts credited to the fund; and any federal funds made available for emergency telecommunication services. The fund shall be used solely for the purposes described in said section 18H½ of said chapter 6A. Amounts credited to the fund shall be available for expenditure by the statewide telecommunications board, without further appropriation.
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Alcoholic Beverage Control Commission Transfer to Public Safety
SECTION 27.
Sections 70, 71, and 72, inclusive, of chapter 10 of the General Laws, as inserted by section 48 of chapter 26 of the acts of 2003, are hereby repealed.
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Alcoholic Beverage Control Commission Transfer to Public Safety
SECTION 47.
The General Laws are hereby amended by inserting after chapter 22E the following chapter:-
CHAPTER 22F
THE ALCOHOLIC BEVERAGES CONTROL COMMISSION
Section 1. There shall exist within the executive office for public safety a commission to be known as the alcoholic beverages control commission, to consist of a commissioner and two associate commissioners appointed by the governor. Not more than two members shall be members of the same political party. The commissioner and one associate commissioner shall serve terms coterminous with that of the governor. One associate commissioner shall serve a four year term. The commissioner shall serve as chairman. The commission members shall devote their full time during business hours to their official duties. The positions of commissioner and associate commissioners shall be classified in accordance with section 45 of chapter 30 and the salaries shall be determined in accordance with section 46C of said chapter 30. Any vacancy may be filled in like manner for the remainder of the unexpired term. Members of the commission shall serve at the pleasure of the governor and may be removed without cause. Two members shall constitute a quorum for the purpose of conducting the business of the commission. A vacancy shall not impair the right of the remaining members to exercise the powers of the commission. The commissioner, pursuant to section 14 of chapter 17, shall serve as a member of the advisory council on alcoholism.
Section 2. The chairman may appoint and remove a secretary and expend for other clerical assistants pursuant to section 45 of chapter 6. The chairman may appoint a confidential secretary pursuant to section 7 of chapter 30. The chairman may appoint investigators who shall be exempt from chapter 31, for the purpose of enforcing or causing to be enforced the penalties provided for by law against any person in violation of the provisions of this chapter or chapter 138. Each person employed as an investigator shall meet minimum qualifications established by the secretary of public safety and shall complete a basic training and safety course as approved by said secretary. Investigators shall not carry firearms in connection with their duties under this chapter.
Section 3. The commission shall have the following responsibilities:
(1) issuing licenses, suspending licenses, reviewing appeals and revoking licenses pursuant to sections 12, 13, 15A, 17, 18, 18A, 19, 19A, 19B, 19C, 19D, 20, 22A, 23, 23A, 64, 67, 70, 76 of chapter 138;
(2) establishing conditions for the destruction of certain alcoholic beverages pursuant to section 2 of chapter 138;
(3) receiving annual reports from local licensing authorities pursuant to section 10A of chapter 138;
(4) authorizing vacancy of members of local licensing boards pursuant to section 10B of chapter 138;
(5) issuing certificates of compliance to export licensees pursuant to section 18B of chapter 138;
(6) issuing permits to store and warehouse beverages pursuant to section 20A of chapter 138;
(7) issuing permits for vehicles to transport and deliver alcoholic beverages pursuant to section 22 of chapter 138;
(8) promulgating regulations for issues regarding alcoholic beverages pursuant to section 24 of chapter 138;
(9) posting of names of delinquent licensees pursuant to section 25 of chapter 138;
(10) establishing schedules for sale of alcoholic beverages sold to wholesaler in the commonwealth pursuant to section 25B of chapter 138;
(11) promulgating rules regarding the resale price of beverages pursuant to section 25C of chapter 138;
(12) promulgating and enforcing rules regarding price discrimination pursuant to section 25D of chapter 138;
(13) establishing rules for the sale of alcoholic beverages to churches, hospitals and other organizations pursuant to section 28 of chapter 138;
(14) preparing and distributing posters to businesses regarding the sale of alcoholic beverages to minors pursuant to section 34A of chapter 138;
(15) arresting without a warrant any person illegally manufacturing or selling alcoholic beverages pursuant to section 56 of chapter 138;
16) entering premises to ascertain manner of business of licensees pursuant to section 63 of chapter 138; and,
(17) receiving reports from bottle distributors regarding the amount received from deposits pursuant to section 323 of chapter 94.
Section 4. The commission shall submit to the governor and to the general court as soon as may be feasible after the end of eachstate fiscal year a full report of its actions and of the conduct and condition of traffic in alcoholic beverages during such year, together with recommendations for such legislation as it deems necessary or desirable for the better regulation and control of such traffic and for the promotion of temperance in the use of such beverages.
Section 5. The chairman, with the approval of the secretary of public safety, may designate any permanently appointed municipal police officer with powers and duties set forth in section 98 of chapter 41 and who is trained pursuant to section 96B of chapter 41, as a special alcohol beverage control officer. Special alcohol beverage control officers shall have all the authority of commission investigators to enforce the provisions of this chapter and chapter 138.
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Alcoholic Beverage Control Commission Transfer to Public Safety
SECTION 55.
Clause (1) of subsection (b) of section 1 of chapter 24A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the following words:- the alcoholic beverages control commission.
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Parole Board Selection Panel
SECTION 58.
Section 4 of chapter 27 of the General Laws, as so appearing, is hereby amended by striking the first and second sentences of the second paragraph and inserting in place thereof the following sentences:- Whenever a vacancy occurs in the membership of the board the governor may appoint a panel of five persons consisting of the commissioner of probation or his designee, the commissioner of the department of correction or his designee, the president of the Massachusetts district attorney's association or his designee, a criminal defense attorney familiar with the parole system, and the secretary of the executive office of public safety or his designee who shall serve as chairman of said panel. Said panel shall submit to the governor, within sixty days of the establishment of said panel, a list of not less than three nor more than six persons, or not less than six nor more than nine persons in the event there should be two or more vacancies to fill, who are qualified by knowledge, education or experience in the administration of criminal justice or in the behavioral sciences as hereinafter provided.
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Amendment to Assault Pay Statute
SECTION 72.
Section 58 of said chapter 30, as so appearing, is hereby amended by striking the fourth paragraph and inserting in place thereof the following paragraph:-
Notwithstanding the provisions of this section, an employee who, while in the performance of duty, receives bodily injuries resulting from the acts of violence of patients or prisoners in his custody, and who as a result of such injury would be entitled to benefits under said chapter 152, section 34 or section 34A, shall be paid the difference between the weekly cash benefits to which he would be entitled under said chapter 152 and his regular salary; or, under chapter 152 section 35, shall be paid the difference between his regular salary and the sum of the weekly cash benefits to which he would be entitled under said chapter 152 and an assigned or agreed upon earning capacity. Employees who are separated from employment for any reason, including but not limited to, resignation, termination or retirement, shall not be entitled to payments under this section. In addition, employees who refuse to meet with or participate in vocational rehabilitation pursuant to chapter 152 section 30G shall not be entitled to payments under this section. Any benefit provided by this section shall not pay the employee more than his regular base net pay as stated on their last payroll statement prior to the injury, minus an assigned or agreed upon earning capacity, if applicable.
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County Government Finance Review Board Membership
SECTION 153.
Section 12 of chapter 64D of the General Laws, as so appearing, is hereby amended by striking the first paragraph and inserting in place thereof the following paragraph:-
There shall be established within the executive office for administration and finance a county government finance review board, hereinafter referred to as the "board", consisting of the secretary for administration and finance or his designee, the commissioner of revenue or his designee, the secretary of public safety and the undersecretary of criminal justice or their designees, and a former Massachusetts sheriff as appointed by the governor. The secretary of administration and finance or his designee shall serve as chairperson of the board.
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Alcoholic Beverage Control Commission Transfer to Public Safety
SECTION 206.
Section 1 of chapter 138 of the General Laws, as amended by section 411 of chapter 26 of the acts of 2003, is hereby further amended by striking out, in the definition of "Commissioner" the words "section 70 of chapter 10" and inserting place thereof the following:- chapter 22F.
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Alcoholic Beverage Control Commission Transfer to Public Safety
SECTION 207.
Section 24 of said chapter 138, as amended by section 33 of chapter 140 of the acts of 2003, is hereby further amended by striking out, in the first sentence, the word "treasurer" and inserting in place thereof the following:- secretary of public safety.
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Alcoholic Beverage Control Commission Transfer to Public Safety
SECTION 233.
Said section 1 of said chapter 150E, as amended by section 35 of chapter 140 of the acts of 2003, is hereby further amended by striking out the last sentence from the definition of '"employer" or "public employer"'.
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Alcoholic Beverage Control Commission Transfer to Public Safety
SECTION 235.
Section 7 of said chapter 150E, as amended by section 36 of chapter 140 of the acts of 2003, is hereby further amended by striking the words ", the alcoholic beverage control commission" wherever they appear.
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Alcoholic Beverage Control Commission Transfer to Public Safety
SECTION 268.
Section 8 of chapter 233 of the General Laws, as amended by section 493 of chapter 26 of the acts of 2003, is hereby further amended by striking out the words "section forty-three of chapter six" and inserting in place thereof the following:- chapter 22F.
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County Corrections Funding
SECTION 409.
Funds appropriated in item 8910-0000 of section 2 of this act shall be distributed among the counties by the county government finance review board. Funds appropriated in said item shall be expended for operating and debt service costs associated with the Plymouth county facility, pursuant to the provisions of clauses 3 and 4 of the memorandum of agreement signed May 14, 1992, between the commonwealth and Plymouth county, as amended on February 16, 1999. The funds distributed from said item shall be paid to the treasurer of each county who shall place such funds in a separate account within the treasury of each such county. Said treasurers shall authorize temporary transfers into said accounts for operation and maintenance of jails and houses of correction in advance of receipt of the amount distributed by the commonwealth from that item. Upon receipt of the commonwealth distribution, said treasurers may transfer out of such accounts an amount equal to the funds so advanced. All funds deposited in such accounts and any interest accruing thereto shall be used solely for the functions of the sheriffs' departments of the various counties including, but not limited to, maintenance and operation of jails and houses of correction, without further appropriation. The sheriff's department of each county shall reimburse the treasurer of each such county for personnel-related expenses, with the exception of salaries, attributable to the operations of the sheriff's department of each county heretofore paid by the county including, but not limited to, the cost of employee benefits. Notwithstanding the provisions of any general or special law to the contrary, no county treasurer shall retain revenues derived by the sheriffs from commissions on telephone service provided to inmates or detainees. Said revenues shall be retained by the sheriffs, not subject to further appropriation, for use in a canteen fund, so called. Each county shall expend during fiscal year 2005, for the operation of county jails and houses of correction and other statutorily authorized facilities and functions of the office of the sheriff, in addition to the amount distributed from this item, not less than 102.5 per cent of the amount expended in fiscal year 2004 for such purposes from own-source revenues. The department of public health shall notify the county government finance review board and the state comptroller of the costs of all services provided to inmates of county correctional facilities by Lemuel Shattuck hospital that are to be paid from item 8910-0010. Not more than 30 days after receiving such notification, said board shall certify to the comptroller the amount of such costs to be charged to this item. Upon receiving such certification, the comptroller shall effect the transfer of such amount from item 8910-0010 to item 4590-0915 of said section 2. Actual and projected payments for all such services provided by said hospital shall be considered expenditures within each county spending plan and shall be reflected as such.
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Local Law Enforcement Assistance Program Formula-Based Distribution
SECTION 410.
The local law enforcement assistance program administered by the executive office of public safety shall be distributed to municipalities according to a formula giving equal weight to each municipality's population and crime statistics, and, if necessary, implemented over a period of time to minimize the impact on individual communities; provided, that no grant shall be awarded to the department of state police. No municipality shall be eligible for funding under this program until all previously awarded community policing grant funds have been expended; provided, that recipients of said grants shall account for all sex offenders within their jurisdiction in cooperation with the sex offender registry board; provided further, that funds shall be expended consistent with guidelines established by the secretary of public safety; provided further, that the executive office of public safety may expend not more than $65,000 from item 8000-0010 of section 2 for the administration of the local law enforcement assistance program; and provided further, that not later than February 1, 2005, the executive office of public safety shall submit a report to the house and senate committees on ways and means and to the secretary for administration and finance detailing the amount of grants awarded to said grant recipients and descriptions of said grants and each municipality will provide the executive office of public safety with a comprehensive list of the best-practices that have been instituted as a result of these grants.
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