FY05 Budget - Amendments 1-50

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Floor Number: 1 Clerk Number: 220

PROVIDING RELIEF TO THE TOWNS OF DALTON, WINDSOR, CUMMINGTON, PERU, AND THE DALTON FIRE DISTRICT FOR LOSSES SUFFERED FROM THE STORM OF AUGUST, 2003

Mr. Nuciforo moves to amend the bill in Section 2 by inserting, after item 1599-7092, the following item;-
1599-7095. For the purpose of disaster relief and to meet the expense of public services for the towns of Dalton, Windsor, Cummington, Peru, and the Dalton Fire District to be reimbursed by the commissioner of administration in the following amounts, town of Dalton $1,770; town of Windsor $40,704; town of Cummington $1,224,172; town of Peru $17,306; Dalton Fire District $16,927; provided further, that reimbursement shall be made only upon acceptance by said commissioner of itemized bills from each town and district for such expenses ……………………….$1,300,879

Mr. Nuciforo moves to amend the bill (S.2400) by inserting at the end thereof the following section:-
Section ----
Section 172A of Chapter 6 of the General Laws as most recently amended by section 1 of chapter 46 of the acts of 2003, is hereby amended by striking section 172A and inserting the following new section:
Section 172A. The criminal history systems board shall assess a fee of $30 for each request for criminal offender record information. A fee shall not be assessed for a request from a victim of a crime, a witness or a family member of a homicide victim, all as defined in section 1 of chapter 258B, from a governmental agency, or from such other persons as the board shall exempt. Certified agencies that provide services to the elderly, children, victims of crime, medically infirm persons, or the physically or mentally challenged shall be assessed a fee of $5 in addition to the agency's fee rate on June 30, 2003, unless exempted by the board. The criminal history systems board shall assess a fee of $25 for each request for criminal offender record information from an individual seeking to obtain criminal offender record information pertaining to himself; provided, however, that if a person shall be found indigent, as defined in section 27A of chapter 261, the board shall not impose a fee. All such fees shall be deposited into the General Fund, excluding a nominal processing fee for online e-payments.

Messrs. Lees, Tisei, Tarr,. Knapik and Brown and Mrs. Sprague move that the bill be amended in Section 2 in item 8200-0200 by striking the figure "2,426,412" and inserting in place thereof the following:-
"2,496,050"

Mr. Joyce moves to amend the bill, in section 2, in item 8324-0000, in line 33, by inserting after the words ", and supplies," the following item:-
"; and provided further that not less than $250,000 shall be expended for renovations and expansion of the Avon Police and Fire Department headquarters."

Mr. Joyce moves to amend the bill, in section 2, in item 8324-0000, in line 33, by inserting after the words ", and supplies," the following item:-
"; and provided further that not more than $45,000 shall be expended for the purchase of a forest fire truck in West Bridgewater."

Messrs. Lees, Tisei, Knapik and Brown and Mrs. Sprague move that the bill be amended in Section 2 in item 8900-0001 by striking the figure "429,606,705" and inserting in place thereof the following:-
"432,268,435"

Mr. Morrissey, Mr. Montigny, Mr. Glodis, and Mr. Brown, move to amend the bill, in section 2, in item 8900-0001, by inserting after the words "and the sex offender registry" following:-
"and provided further, that the Commissioner of the Department of Correction shall report annually on the staffing of Unit 4 positions, so-called, in each state correctional institution. Such report shall include, but not be limited to, the following: The number of Unit 4 positions broken down by correctional institution, and the number of Unit 4 positions vacant; the number of Unit 4 positions lost to retirement, discharge or resignation and the number that have been replaced; a breakdown by correctional facility of the staff hours of overtime worked by Unit 4 personnel and the annual aggregate costs related to this overtime; the number of reported assaults upon Unit 4 personnel; the number of Unit 4 personnel out on industrial accident leave, and for each individual, the length of time on leave.
The report mandated by this section shall be prepared on a fiscal year basis and shall be filed no later than September 31 of each year with the secretary of public safety, the secretary of administration and finance, the joint legislative committees on public safety and criminal justice, and the house and senate committees on ways and means and sufficient copies shall be made available to the general public.

Mr. Barrios moves to amend the bill by inserting, after Section 362, the following new Section:-
"SECTION __. Chapter 22C of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after section 69 the following new section:-
Section 70. (1) As used in this section the following words shall, unless the context requires otherwise, have the following meanings:-
"Audit", a review and evaluation of the policies and procedures used by the department of correction for conducting investigations and the degree to which the department of correction has adhered to these policies and procedures.
"Inspector general", the inspector general of corrections, the head of the office of the inspector general of corrections
"Misconduct", any act, malfeasance, or dereliction of duty that results in physical or emotional injury of a person, including, but not limited to, assault, battery, sexual assault, sexual harassment, threats, intimidation, or coercion.
"Office", the office of the inspector general of corrections
"Retaliation", the intentional act of reprisal, threats, coercion, or similar acts against a person employed by the department of correction, or who works in the department of correction, who has either made a complaint or disclosed information regarding alleged misconduct by another employee.
(2) There is hereby established the office of the inspector general of corrections within the department of state police. The purpose of the office shall be to provide for the investigation and remediation of instances of misconduct by individuals employed by or working within the department of correction. The governor shall appoint the inspector general without regard to political affiliation and solely on the basis of integrity and demonstrated ability in law, public administration, investigation or criminal justice administration. The inspector general shall serve for a term of five years and may be removed by the governor only for gross misconduct, substantial neglect of duty, inability to discharge the powers and duties of office, or conviction of a felony.
(3) The commissioner of correction shall refer to the inspector general any allegation of misconduct by an individual employed by or working within the department of correction. When appropriate, the prison inspector general shall initiate an investigation or audit of the alleged misconduct, or shall refer the matter back to the department of correction for investigation. The inspector general may initiate an investigation into an alleged misconduct or an audit on his or her own accord, or at the request of the secretary of public safety, the commissioner of correction, or a member of the Legislature.
(4) The inspector general shall be responsible for reviewing and evaluating the policies, practices, and procedures used by the department of correction for conducting investigations into misconduct by anyone employed by or working within the department of correction. The inspector general shall, during the course of an investigation or audit, identify areas of full and partial compliance, or noncompliance, with department of correction investigatory policies and procedures, specify deficiencies in the completion and documentation of investigatory processes, and recommend corrective actions, including, but not limited to, additional training with respect to investigative policies, additional policies, or changes in policy, discipline or termination of staff, as well as any other findings or recommendations that the prison inspector general deems appropriate. Upon receipt of any such findings or recommendations, the commissioner of correction shall initiate remedial action, including disciplinary action where appropriate. The commissioner of correction shall establish a schedule of sanctions for misconduct by employees. The commissioner shall report to the inspector general in writing the results of any remedial or disciplinary action taken. If the commissioner takes no action in response to the findings and recommendations, he or she shall explain the reason in writing to the inspector general.
(5) If the inspector general has determined that there is reason to believe that a criminal offense has been committed, he or she shall immediately forward any relevant information to the attorney general or a district attorney for the county wherein the alleged criminal offense occurred. Upon receipt of such report, the attorney general or district attorney for the county wherein the alleged criminal offense occurred shall contact the prison inspector general in order to coordinate the investigation of the matters giving rise to the report. As part of such coordination, the attorney general or the district attorney may request that the inspector general delay or defer its investigation of the non-criminal matters giving rise to the report; provided, however, that such request shall be granted only where the inspector general determines that the health and the safety of any inmate shall not be adversely affected thereby and that the ability of the prison inspector general to conduct a later investigation shall not be unreasonably impaired by such delay or deferral. In all cases including, but not limited to, those in which the inspector general agrees to delay or defer its investigation, the attorney general or district attorney shall keep the inspector general informed of the status of the criminal investigation and the inspector general shall provide to the attorney general or the district attorney any and all information that may be relevant to the criminal investigation. In cases in which the inspector general agrees to delay or defer its investigation, it shall monitor the progress of the criminal investigation and shall determine, after consultation with such law enforcement agencies, when or whether the inspector general's investigation should be initiated or resumed.
(6) The prison inspector general may receive communications from any individual, including those employed by the department or correction, prisoners, or any other entity, who believes he or she may have information that may describe a variance from department of correction policy, including investigatory policies and procedures. The identity of the person providing the information as well as the information provided shall be held as confidential by the prison inspector general and may be disclosed only to the secretary of public safety, the commissioner of correction, a member of the legislature, the governor, or a law enforcement agency in the furtherance of their duties.
(7) In order to properly respond to any allegation of improper staff activity, the prison inspector general shall establish a toll-free public telephone number for the purpose of identifying any alleged misconduct by an employee of the department of corrections or anyone working within the department of correction. This telephone number shall be posted in all correctional institutions of the commonwealth in clear view of all employees, prisoners, and the public and the department of correction website. The request shall be confidential and is not subject to disclosure under the Public Records Act The identity of the person providing the information that initiated the investigation shall not be disclosed without the person's written permission, except to a law enforcement agency in the furtherance of its duties.
(8) a) The inspector general, in carrying out the provisions of this chapter, shall have access to all records, reports, emails, audits, reviews, papers, books, documents, audio or videotapes, recommendations, correspondence, and any other data or material that in any way relates to any matter under audit or investigation.
b) The inspector general may request such information, cooperation and assistance from any state, county or local governmental agency as may be necessary for carrying out his duties and responsibilities. Upon receipt of such request each person in charge of, or the governing body of any public body shall furnish to the prison inspector general or his authorized agent or representative such information, cooperation and assistance.
c) The inspector general may require by summons, the production of all records, reports, emails, audits, reviews, papers, books, documents, audio or videotapes, recommendations, correspondence and any other data and material relevant to any matter under audit or investigation pursuant to the provisions of this chapter. Such summons shall be served in the same manner as a summons for the production of documents in civil cases issued on behalf of the commonwealth, and all provisions of law relative to said summons shall apply to a summons issued pursuant to this chapter. Any justice of the superior court department in the trial court may, upon application by the prison inspector general issue an order to compel the production of records, reports, audits, reviews, papers, books, documents, recommendations, correspondence and any other data and material as aforesaid in the same manner and to the same extent as before said superior court department. Any failure to obey such order may be punished by said court as contempt.
d) Whenever the inspector general has reason to believe that a person has information with respect to any matter related to an audit or investigation, he may require by summons the attendance and testimony under oath of said person. If any person refuses to attend or testify as required by the summons, any justice of the superior court department in the trial court may, upon application by the prison inspector general issue an order to compel witness to attend and answer questions. Any failure to obey such order may be punished by said court as contempt.
(9) a) All allegations or complaints received by the inspector general, whether investigated or not, shall be logged and numbered sequentially on an annual basis. The log shall specify, but not be limited to, the following information: the sequential number of the allegation or complaint, the date of receipt of the allegation or complaint, the location or facility to which the allegation or complaint pertains, and the disposition of all actions taken.
b) The inspector general shall conduct investigations and inquiries in a manner that provides a complete and thorough presentation of the facts regarding the allegation or complaint. All aggravating, extenuating and mitigating facts shall be explored and reported. Any findings of misconduct or wrongdoing shall be based on a preponderance of the evidence standard.
c) Upon the completion of any investigation, the prison inspector general shall prepare a written report that shall be provided to the commissioner of correction, and to the secretary of public safety, the person who requested the investigation, the person who was the subject of the investigation, and, upon request, to any member of the legislature. All reports of investigations shall be submitted in a standard format, begin with a statement of the allegation or complaint, provide all relevant facts, and contain findings and the reasons for the findings.
d) The inspector general shall, not later than April thirtieth of each year, prepare a report summarizing the activities of the office for the prior calendar year. This report shall be forwarded to the governor, the president of the senate, the speaker of the house of representatives, the senate and house chairs of the joint committee on public safety, the secretary of public safety, the commissioner of correction, and shall be made available to the public.
(10) Upon receiving a complaint of retaliation from an employee, the inspector general may commence an investigation. When investigating a complaint of retaliation the inspector general shall consider, among other things, whether any of the following either actually occurred or were threatened:
a) Unwarranted or unjustified staff changes.
b) Unwarranted or unjustified letters of reprimand or other disciplinary actions, or unsatisfactory evaluations.
c) Unwarranted or unjustified formal or informal investigations.
d) Engaging in acts, or encouraging or permitting other employees to engage in acts that are unprofessional, or foster a hostile work environment.
e) Engaging in acts, or encouraging or permitting other employees to engage in acts that are contrary to the rules, regulations, or policies of the workplace.
Upon making a finding that retaliation has occurred, the inspector general shall forward the findings of the investigation to the commissioner of correction for appropriate action, including disciplinary proceedings."

Ms. Fargo, Ms. Wilkerson, Ms. Resor, and Mr. Magnani move to amend the bill by inserting, after Section__, the following new Section: -
"SECTION__. Notwithstanding any general or special law to the contrary, there is hereby established a Correction Citizen Review Board, referred to hereafter as the board. Said board shall consist of thirteen members, including one member appointed by each of the following: the Secretary of Public Safety, the Senate President, the Speaker of the House of Representatives, the Chief Justice of the Supreme Judicial Court, the Parole Board, the Commissioner of the Department of Public Health, the Massachusetts Correctional Officers Federated Union, the Massachusetts Sheriffs' Association, Massachusetts Correctional Legal Services, the American Civil Liberties Union of Massachusetts, the Massachusetts Taxpayers Foundation, the League of Women Voters of Massachusetts and the Massachusetts Council of Churches. The terms of the members appointed to said board by the Secretary of Public Safety, the Senate President, the Speaker of the House of Representatives and the Chief Justice of the Supreme Judicial Court shall be for three years. The terms of the members appointed to said board by the Parole Board, the Commissioner of the Department of Public Health, the Massachusetts Correctional Officers Federated Union, the Massachusetts Sheriffs' Association, Massachusetts Correctional Legal Services, the American Civil Liberties Union of Massachusetts, and the Massachusetts Taxpayers Foundation shall be for two years and, at the expiration of the first two-year term of the first members appointed by the Parole Board, the Commissioner of the Department of Public Health, the Massachusetts Correctional Officers Federated Union, the Massachusetts Sheriffs' Association, Massachusetts Correctional Legal Services, the American Civil Liberties Union of Massachusetts and the Massachusetts Taxpayers Foundation, for three years thereafter. The terms of the members appointed to said board by the League of Women Voters of Massachusetts, and the Massachusetts Council of Churches shall be for one year and, at the expiration of the first one-year term of the first members appointed by the League of Women Voters of Massachusetts and the Massachusetts Council of Churches, for three years thereafter. No member of said Board shall be appointed to serve more than two consecutive three-year terms.
Members of the board shall have access to all Massachusetts Correctional Institutions and all inmates therein upon furnishing a photo identification provided by the Executive Office of Public Safety. Between the hours of 7 pm and 7 am , members of said board shall provide 48 hours notice to the Commissioner of the Department of Correction prior to entering a Massachusetts Correctional Institution. Said Commissioner may waive the requirement of 48 hours notice for board member access to a Massachusetts Correctional Facility between the hours of 7 pm and 7 am .
The board shall have the following duties:
(a) It shall study the medical services, including mental health services, and educational, vocational, employment and rehabilitation programs available to prisoners;
(b) It shall review the annual budget of the department of correction and shall make recommendations to the House and Senate Committees on Ways and Means in regard thereto;
(c) It shall report on the general state of correctional facilities within the Commonwealth, their administration of correctional policy and practices, the living conditions of inmates therein, the general state of working conditions for department of correction employees and, where appropriate, the impact of department of correction policies and inmate living conditions upon rates of recidivism and over-classification;
(d) It shall hold at least quarterly meetings;
(e) It shall advise the commissioner of the department of correction on policy development and priorities for department of correction facilities as well as on the department's compliance with legislative and judicial mandates;
(f) It shall issue public reports annually to the department of correction and the joint committee on public safety;
The board shall convene its first meeting not later than September 30, 2004 . The initial co-chairs of the board shall be the member appointed by the Speaker of the House of Representatives and the member appointed by the President of the Senate. Said co-chairs shall convene and facilitate the board's first meeting at which the board shall elect a new chairperson for a term of one year. The board shall annually elect a chairperson. Said board shall adopt bylaws to govern its own proceedings.
Members of said board shall serve without compensation but each member shall be reimbursed by the commonwealth for actual expenses incurred in the performance of their official duties. A quorum to conduct business shall consist of seven members."

and move to further amend the bill, in section 2, in item 8000-0000, by inserting at the end thereof the following : - "; provided further, that not less than $100,000 shall be expended for the citizens correctional review board."

Ms. Resor moves to amend the bill (S 2400) by striking section 177 and inserting in place of thereof the following:
"SECTION 177. Section 62A of chapter 143 of the General Laws is hereby amended by striking out the words in lines 1 to 7, "The owner or person in control of a building in which an elevator is operated shall pay fees to be determined annually by the secretary of administration under the provisions of section three B of Chapter Seven for inspection and safety tests by an inspector assigned by the commissioner; provided, however, that said fees shall be set at a rate sufficient to meet the cost of the Department of Inspection and Regulations for providing said inspections and safety tests;" and inserting in place thereof the following:-
"The owner or person in control of a building in which an elevator, handicap lift or dumbwaiter is operated shall pay an annual fee of $400 for inspection and safety tests by an inspector assigned by the commissioner provided however the fee for inspections of elevators, handicap lifts and dumbwaiters in the following locations: houses of worship, restaurants, libraries, funeral homes and private homes, shall not exceed $100."
And furthermore, Ms. Resor moves to strike section 313.
And
Ms. Resor moves to amend the bill by inserting after Section 239 the following:
"SECTION 239A. Section 650 of Chapter 26 of the Acts of 2003 is hereby repealed."

Mr. Shannon moves to amend the bill in Section 313 by inserting at the end thereof the following words:- "Pursuant to the provisions of Section 108 of Chapter 140 of the Acts of 2003, said regulations shall also reflect that the inspection fee for residential elevators and wheelchair lifts that are determined to be medically necessary shall be $100 per inspection and the overtime elevator inspection fee shall be $100 per inspection."

Mr. Nuciforo moves to amend the bill (S.2400) by striking the words "department of inspection and regulation":- where ever they appear and inserting in place thereof the following:-
"department of public safety".

Messrs. Lees, Tarr, Knapik, Brown and Brewer move to amend the bill, in section 2, in item 8000-0000, by inserting the following wording:-
"provided further, that funds may be expended from this line item for neighborhood crime watch programs to be administered by local law enforcement agencies"

Mr. Baddour moves that the bill be amended in section 2, by inserting in line item 8000-0010 after the words" provided further, that any community that was approved for a competitive grant in fiscal year 2004 and did not receive any funding shall take first priority in receiving consideration for competitive grants in fiscal year 2005" the following: -
"; provided further, that $80,000 shall be provided for community policing in Newburyport".

Mr. Hart of Boston move that the bill be amended in section 2, in item 8000-0010, in line 3, by inserting after the word "police" the following: - "provided further, that $165,000 of the Boston award shall be provided for community policing in the B-2 sector of the Dudley Square section of Roxbury in the city of Boston for additional enforcement in conjunction with the neighborhood policing program."

Mr. Shannon moves to amend the bill, in section 2, in line item 8000-0010, by striking out the figure "$20,267,596" and inserting in place thereof the following figure:- "$20,397,596", and by inserting the following wording:- "provided further, that $115,000 shall be expended for the City of Somerville and $15,000 shall be expended for the City of Medford to provide one-time compensation for police overtime costs associated with the 2004 Democratic National Convention".

Mr. Brown and Mr. Hedlund move to amend the bill, in section 2, in line 8000-0010, by inserting after the words "non-related overtime;" the following wording:- "provided further, $19,200 shall be awarded to the department of police in the town of Norfolk;"

Mr. Joyce moves to amend the bill, in section 2, in item 8000-0010, in line 7, by inserting after "fiscal year 2005" the following:
"; and provided further, that not less that $25,000 shall be expended to provide additional Milton Police patrols for that portion of the Neponset River bicycle path in the town of Milton."

Messrs. Lees, Tisei, Tarr, Knapik and Brown move to amend the bill, in section 2, in item 8000-0010, by striking out the words "fiscal year 2004" and inserting in place thereof the words "fiscal years 2003 and 2004"

Mr. McGee moves to amend the bill in Section 2, by inserting in item 8000-0010 at the end thereof the following item:
"provided further, that not less than $47,000 shall be provided for community policing in the city of Swampscott."

Mr. Tarr moves to amend the bill (Senate 2004) in item 8000-0010 by adding, at the end thereof, the following: -
"provided further, that the following communities shall receive not less than $40,000 from this item: The towns of Boxford, Essex, Georgetown, Groveland, Hamilton, Ipswich, Manchester-by-the-Sea, Middleton, Newbury, North Andover, North Reading, Rockport, Rowley, Wenham, West Newbury, Wilmington and the City of Gloucester."

Mr. Tarr moves to amend the bill (Senate 2004) in item 8000-0010 by adding the following the term 2005 in line 4 the following:-
"provided further, that no community shall receive a grant in fiscal year 2005 which is less than that received in fiscal year 2002;"

Mr. Tarr moves to amend the bill (Senate 2004) in item 8000-0060 by adding the to the end thereof the following:-
"provided that funds from this item may be expended for the training and education of municipal police officers"

Mr. Joyce moves to amend the bill, in section 2, in item 8000-2004, in line 4, by inserting after "Democratic National Convention" the following:
"; and provided further, that not less than $25,000 shall be expended to provide additional Milton Police patrols in the town of Milton for increased security needs associated with the Democratic National Convention."

Mr. Joyce moves to amend the bill, in section 2, in item 8000-2004, in line 4, by inserting after "Democratic National Convention" the following:
"; and provided further, that not less than $25,000 shall be expended to provide additional Randolph Fire protection services in the Town of Randolph for increased security needs associated with the Democratic National Convention."

Mr. Joyce moves to amend the bill, in section 2, in item 8000-2004, in line 4, by inserting after "Democratic National Convention" the following:
"; and provided further, that not less than $25,000 shall be expended to provide additional Randolph Police patrols in the town of Randolph for increased security needs associated with the Democratic National Convention."

Mr. Joyce moves to amend the bill, in section 2, in item 8000-2004, in line 4, by inserting after "Democratic National Convention" the following:
"; and provided further, that not less than $25,000 shall be expended to provide additional Milton Fire protection services in the Town of Milton for increased security needs associated with the Democratic National Convention."

Mr. Montigny moves to amend the bill, in section 2, in line-item 8100-0000 by inserting after the word:- "Lawrence" the following:- "New Bedford, ."

Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Brown and Mrs. Sprague move to amend the bill, in section 2, in item 8910-0000, by striking out the words "provided further, that Suffolk county may receive additional funding from the balance for county correction maintenance and operation expenses"

Mr. Knapik moves to amend the bill by inserting after item 1599-7104 the following item:-

"1599-8085 For public safety costs associated with homeland security; provided, that the secretary of administration and finance may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2005 such amounts as are necessary to meet those costs where the amounts otherwise available are insufficient for the purpose .............................................................. $5,700,000"

Mr. Barrios moves to amend the bill in Section 122 by striking the words "and department of correction personnel" and inserting in place thereof the following words:-
"department of correction personnel and any other public safety and criminal justice system personnel"

Mr. Tarr, Ms. Tucker, Mr. Baddour Mr. Tisei and Mr. O'Leary, move to amend the bill (Senate bill 2400) by adding, at the end thereof, the following new section: -
"SECTION___. A Study Commission shall be established to analyze and review available resources for corrections in the Commonwealth, including the per capita cost of corrections per inmate at each of the fourteen sheriff's departments and the department of corrections. The Commission shall be comprised of one representative from each of the fourteen sheriff departments, one representative from the Department of Corrections, the Secretary of Administration and Finance, or his designee, 3 members from the House Committee on Ways and means, at least one being a member of the minority party, and 3 members from the Senate Committee on Ways and Means, at least one being a member of the minority party. Said Commission shall file a report with both the Senate and House Committees on Ways and Means not later than August 31, 2004."

Mr. Brewer moves to amend the bill by adding the following new Section:-
SECTION ___. Chapter 148 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after Section ____ the following section:-
Section ___. Notwithstanding any general or special law to the contrary, the Board of Fire Prevention Regulations, established under the provisions of section 4 of chapter 22D of the General Laws, in consultation with, as necessary, the Massachusetts Fire Training Council, established under the provisions of section 164 of chapter 6 of the General Laws, the Massachusetts Fire Service Commission, established under the provisions of section 165B of Chapter 6 of the General Laws, the Massachusetts Fire Safety Commission, established under the provisions of section 200 of chapter 6 of the General Laws, the Board of Building Regulations and Standards, established under the provisions of section 94 of chapter 143 of the General Laws, and the Secretary of Public Safety or his designee, shall promulgate rules and regulations including, but not limited to, the following: (1) establishing a nightclub fire safety training program and training materials for employees of every building or structure, or portions thereof, of public assembly with a capacity of 50 persons or more, designed or used for occupancy as a nightclub, dance hall, discotheque, bar or similar purpose; (2) establishing and promoting education in the proper use and storage of all forms of fire extinguishers and other similar fire suppressant apparatus for the owners, lessees and mortgagees of all buildings certified under the state building code; (3) establishing, in conjunction with the Executive Office of Economic Affairs, methods for owners, lessees, and mortgagees in possession or control of a building or structure, or portions thereof, of public assembly with a capacity of 50 persons or more, designed or used for occupancy as a nightclub, dance hall, discotheque, bar or similar purpose, to install automatic sprinklers at discounted rates, including, but not limited to, no-interest or low-interest loans and insurance cost-containment measures; (4) establishing methods for the proper tracking and certification of pyrotechnic displays, and for the usage of fog, hazing, or other fog-producing apparatus, so-called, in all places of public assembly; improving luminescence of egress routes and the widening or upgrading of main exit doors in all places of public assembly; establishing requirements that "balanced design", so-called, be employed in the future construction of large entertainment venues, such as theatres, convention centers and arenas, prohibiting the use of non-flame retardant foam plastics, and of non-flame retardant acoustic materials, in all places of public assembly; and establishing standards, based upon current technology and science, on the proper use of fire-resistant acoustic materials in all places of public assembly; and (5) establishing an advisory council on fire safety building materials for the purpose of incorporating comprehensive flame-retardant material standards into the 7th Edition of the State Building Codes. The advisory council shall include a representative from each of the agencies listed in Section ___, together with a representative of the American Fire Safety Council and the Massachusetts Fire Chiefs Association. The advisory council shall also recommend, to the Board of Building Regulations and Standards, flame-retardant material standards that should be incorporated as emergency amendments to the 6th Edition of the State Building Codes.

Mr. Brown and Ms. Sprague move to amend the bill by inserting, after Section _____, the following new Section:-
"SECTION ___. A.) Notwithstanding the provisions of any special or General Law to the contrary, the county of Norfolk is hereby authorized to establish a special account to be known as the "Norfolk County Fire and Rescue Dispatch Account". Into such account shall be deposited all receipts, revenues, grants and funds from any source derived from any activity of the Norfolk County Fire and Rescue Dispatch Center.
B.) The Norfolk County Fire and Rescue Dispatch Center shall provide timely fire dispatch and emergency medical dispatch and shall function as a department of the County of Norfolk but under the direction of officials of such cities and towns as shall agree to pay for and collaborate in the operation of a joint fire and rescue dispatch center. Membership will be limited to individual cities or towns of the commonwealth. Initial membership in said center shall require the vote of a town meeting or a town or city council. In any future year, failure to make the required annual appropriation shall constitute a withdrawal from the county dispatch center effective July 1 next succeeding. For fiscal year 2007 and thereafter, any new member municipality shall be required to pay an entry fee, of $2.00 per capita, which shall be credited to the capital improvement/stabilization fund of the dispatch center. Said fee may be paid as one lump sum or by equal payments over five years. There shall be created an operating council, consisting of the fire chief of each member municipality. Operations of said center shall be under the care and control of the operating council. Said council shall allocate costs among participating municipalities, based, as near equally practicable, upon the following characteristics: population, wealth as measured by equalized assessed valuation and workload as measured by calls for fire and emergency service. The operating council shall translate such characteristic costs into the form of one total annual membership dues and shall provide notice of the same to participating municipalities no later than December 31 next prior to that fiscal year. Payment of such annual dues to the county shall be made by the participating municipality no later than August 1 of that membership year. For fiscal year 2005, costs may be apportioned by said council for either a half year's operation and billed timely thereto. The annual budget of the center shall be timely prepared by the operating council and shall thereafter follow the process normal for a county department.
C.) The account authorized in section one shall be maintained by the County Treasurer in accordance with the provisions of section ten of chapter 35 of the General Laws and expenditures for such account shall be made by the administrator of the Norfolk County Fire and Rescue Dispatch Center, subject to appropriation, and be used solely for the operation and maintenance and for the provision capital, equipment and plant for said center. Such account shall be maintained in accordance with generally accepted principles of accounting and shall be audited annually by a certified public accountant. Such audits shall be submitted to the board of selectmen or mayor or manager of participating municipalities, the operating council, the Norfolk County advisory board, the Norfolk County treasurer, and the bureau of accounts. The county treasurer shall invest the monies in said account as authorized by law and the interest accruing thereon shall inure to the benefit of the center. For the purposes of providing timely fire dispatch and emergency medical dispatch to the citizens of the county of Norfolk, said county may from time to time appropriate monies into said account and donations for private sources may be received into said account.
D.) For the purposes of authorized by sections one and two, including initial or start-up costs, the treasurer of the County of Norfolk, with the approval of the county commissioners, may borrow upon the credit of the county such sums as may be necessary, not exceeding, in the aggregate, one million seven hundred thousand dollars, and may issue bonds or notes of the county therefore, which shall bear upon their face the words, Norfolk County Fire and Emergency Dispatch Center Loan, Act of 2003. Each authorized issue shall constitute a separate loan and such loans shall be payable in not more than fifteen years from their dates. The binds or notes shall be signed by the county treasurer and countersigned by a majority of the county commissioners. The county may sell the said securities at public or private sale, upon such terms and conditions as the county commissioners may deem proper, but not for sale, upon such terms and conditions as the county commissioners may deem proper, but not for less than their par value. Indebtedness incurred hereunder shall, except as herein provided, be subject chapter 35 of the General Laws. Debt service on any such indebtedness shall be charged by the county against the special account established in section one of this act.
E.) Effective upon passage, governance of the dispatch center shall lie in an Interim Council of seven members, consisting of four active fire chiefs, nominated by the Norfolk County Association of Fire Chiefs and confirmed by the Firefighters of Massachusetts and confirmed by the Norfolk County Commissioners; and two retired fire managers nominated and confirmed by the Norfolk County Commissioners. The County Director of Norfolk County shall, under the direction of said Interim Council, serve as Interim Administrator of said dispatch center. Interim governance shall cease, upon certification by the county commissioners that, by accumulated votes of initial membership, there are now a sufficient number of cities or towns to establish the operating council of fire chiefs, established by section two of this act. Said sufficiency shall be as the Norfolk County Commissioners, at their sole discretion, so determine.
F.) This act shall take affect upon its passage."

Mr. Pacheco and Mr. Berry move to amend the bill by inserting, after Section_____ the following new section:-

"SECTION ___. There is hereby established a fund, to be known as the "Homeland Security Fund," that will provide funds to cities and towns for, among other things, additional police officers and firefighters to ensure that staffing levels are adequate and coordinated to prepare for homeland security."

Mr. Rosenberg and Mr. Knapik move to amend the bill, in Section 2, in item 8910-0110, by striking out the figure "$10,333,174" and inserting in place thereof the following figure:- "$10,558,174" and, in item 8910-0000, by striking out the figure "$133,818,218" and inserting in place thereof the following figure:- "$133,593,218".

Mr. Barrios and Mr. McGee move to amend the bill in section 2, in item 8950-0001, by striking out the figure "12,653,427" and inserting in place thereof the figure "13,496,758" and by inserting after the word "board" the following:-
"provided further, that funds appropriated herein may be expended for the enhancement of the parole board's operations, including, but not limited to, increased substance abuse programming and testing, professional development and enhanced victim services"

Messrs. Lees, Tisei, Tarr, Knapik and Brown and Mrs. Sprague move that the bill be amended in Section 2 in item 8100-0007 by striking the figure "9,060,782" and inserting in place thereof the following:-
"11,060,782"

Mr. Hart of Boston moves to amend the bill in section 2, in item 8100-0000, in line 3, by inserting after the word " unit " the following: - " provided, that not less than $70,000 shall be expended for patrols of properties of the metropolitan district commission located along Day Boulevard in South Boston section of the city of Boston;"

Mr. Shannon moves to amend the bill, in section 2, in line item 8100-0000, by striking out the words "provided further, that not less than $750,000 shall be expended to curb gang-related activities in the cities of Boston, Brockton, Chelsea, Lawrence, Revere, Springfield and Worcester" and inserting in place thereof the following:- "provided further, that not less than $850,000 shall be expended to curb gang-related activities in the cities of Boston, Brockton, Chelsea, Lawrence, Revere, Somerville, Springfield and Worcester", and by striking out the figure "$196,375,102" and inserting in place thereof the following figure: "$196,475,102".

Mr. Hedlund moves to amend the bill, in section 2, in item 8100-1000, by striking the figure "2,328,924" and inserting in place thereof the figure :- "2,048,924";
and further moves to amend the bill, in section 2, in line item 8100-1000, by inserting after the figure "2005" the following words:- "except those funds earmarked for directed patrols of Nantasket Beach in Hull";
and further moves to amend the bill, in section 2, by inserting the following new line item :-
8000-XXXX For a grant to the Town of Hull for the costs of increased patrols during
the months of June to September, inclusive, for Nantasket Beach ……………………………………...$200,000

Mr. Tolman moves to amend the bill by inserting, after Section 362, the following new Section:-
"SECTION 363. The third paragraph of Section 3 of Chapter 150E of the General Laws as appearing in the 2002 Official Edition should be amended by striking out the first sentence and inserting in place the following sentence:
The appropriate bargaining unit in the case of the uniformed members of the state police shall be a public safety professional unit composed of all such uniformed members in titles below that of major and above that of sergeant and a unit composed of all such uniformed members in titles below that of lieutenant."

Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Brown and Mrs. Sprague move that the bill be amended in Section 2 in item 8400-0001 by striking the figure "45,677,250" and inserting in place thereof the following:-
"45,970,316"

Mr. McGee moves to amend the bill in section 2, in item 8400-0001, by striking out the following: "that the registry may run a license express office in the city of Lynn" and inserting in place thereof the following:- "that $110,000 shall be expended to operate a license express office in the city of Lynn".

Mr. Barrios moves to amend the bill in Section 141 by striking the words "the Fallen Firefighter Memorial Fund to be coordinated by the Professional Firefighters" and inserting in place thereof the following words:-
"The Professional Firefighters of Massachusetts to benefit the Fallen Firefighters Memorial Fund"

Mr. Moore moves to amend the bill by adding at the end thereof the following new Section:- SECTION________.

Section 2A of chapter 60A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 38, the words 'twenty dollar" and inserting in place thereof the following figure:- $30.

SECTION 2. The third paragraph of said section 2A of said chapter 60A, as so appearing, is hereby amended by adding the following four sentences:- From the amount payable to the registrar under this paragraph, $5 shall be used for the enhancement, upgrade or expansion of the registry's technology, which shall include, but not be limited to software, hardware, maintenance and equipment. The registrar shall report, annually, to the house and senate committee on ways and means on the use of such fund for technology purposes as required by this paragraph. From the amount payable to the registrar pursuant to this paragraph, $5 shall be provided to the collection agency or deputy collector, provided that the collection agency or deputy collector has located or relocated its collection operations within close proximity to the nearest full service registry of motor vehicles office. The registrar shall promulgate regulations to define "close proximity" which shall include, but not be limited to, shared office space with the registry or electronic, technology-based systems for the payment of parking tickets and excise.