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Floor Number: 101 Clerk Number: 575
SPECIAL EDUCATION PLACEMENTS
Mr. Tisei moved that the bill be amended by inserting, after Section 109, the following new Section:-
"SECTION___. Section 3 of chapter 71B of the General Laws is hereby amended in line 152 by inserting after the word "request" the following new words:- "within one (1) year of the date on which the parents, guardians, or persons with custody knew or should have known about the act(s) or omissions(s) that form the basis of the request,"
Floor Number: 102 Clerk Number: 577
SPECIAL EDUCATION REGULATIONS
Mr. Tisei moved that the bill be amended by inserting, after Section 109, the following new Section:-
"SECTION___. Section 3 of Chapter 71B of the General Laws hereby amended in line 31 by inserting after the word "effort" the following:- "Notwithstanding the department's obligation to monitor and enforce compliance with this section, the department shall not establish a rule required for compliance with, or eligibility under, this part without following the public notice and comment requirements necessary to promulgate regulations under this chapter and chapter 30A."
Floor Number: 103 Clerk Number: 581
SPECIAL EDUCATION SERVICES
Mr. Tisei moved that the bill be amended by inserting, after Section 109, the following new Section:-
"SECTION___. Section 3 of Chapter 71B of the General Laws is hereby amended by striking paragraph 9 in its entirety and inserting in place thereof the following new paragraph:- "If a child with a disability requires and is found eligible for special education and related services in accordance with the provisions of the federal Individuals with Disabilities Education Act and the provisions of this chapter, such services shall be made available consistent with the notice provisions of federal law at 20 U.S.C. 1400, et. seq., the provisions of this chapter, and the federal and state regulations promulgated pursuant thereto."
REDRAFT
Floor Number: 104 Clerk Number: 323
OFFICE OF RESIDENTIAL PLACEMENT AND LICENSURE
Mr. Antonioni moved that the bill be amended, in Section 2, in item 3000-1000, by striking the figure "$9,114,743" and inserting in place thereof the following figure:- "$9,852,336";
In said section 2, by striking item 4000-0351; and
Iin section 87, in subsection (a), by striking out clauses (2) and (3) and inserting in place thereof the following:-"(2) the functions of the office of child care services with regard to licensure or approval and subsidy administration of child care and day care, as presently described in section 2 of chapter 28A of the General Laws, as the transferor agency, to the department of early education and care, as the transferee.".
Floor Number: 105 Clerk Number: 383
AN AMENDMENT RELATIVE TO THE DEPARTMENT OF EARLY EDUCATION AND CARE
Messrs. Berry, Rosenberg and Antonioni moved that the bill be amended, in Section 2, in item 3000-1000, by inserting in the second line after the word "licensing;" the following:- "provided further, that funds from this item shall be expended to hire a deputy commissioner of workforce development who shall have responsibility for developing and implementing the workforce development plan pursuant to section 5 of chapter 15D of the General Laws; provided further said deputy commissioner shall coordinate with the board of higher education and the university of Massachusetts board of trustees in developing said workforce development plan as it relates to programs and services to be delivered through public higher education institutions."
Floor Number: 106 Clerk Number: 276
EARLY CHILDHOOD MENTAL HEALTH CONSULTATION SERVICES
Mr. Antonioni, Ms. Chandler, Messrs. Augustus and Tolman moved that the bill be amended, in Section 2, in item 3000-4050, by inserting after the words "income-eligible child care programs in fiscal year 2006;" the following words:- " provided further that not less that $750,000 shall be expended for expansion of early childhood mental health consultation services in group care childcare programs with state supported slots;"; and
By striking the figure "$292,473,570" and inserting in place thereof the following figure:- "$293,223,570".
Floor Number: 107 Clerk Number: 35
SOUTH MIDDLESEX VOC-TECH EARLY CHILDHOOD PROGRAM
Ms. Spilka moved that the bill be amended, in Section 2, in item 3000-6000 by inserting after the words "school-age child care activities" the following; "and provided further, that not less than $80,000 shall be expended for a one time grant for the establishment, operation and capital costs of an early childhood education and training program at South Middlesex Vocational-Technical High School"
Floor Number: 108 Clerk Number: 272
AN ACT FOR THE HEALTHY FAMILIES PROGRAM IN SPRINGFIELD
Mr. Buoniconti moved that the bill be amended in Section 7, in line item 3000-7000, by inserting in line 12, after the word "parents" the following: "; provided further, that the amount of $500,000 shall be contracted with Northern Educational Services, Inc. in Springfield to operate the Healthy Families Program in the city of Springfield."
Floor Number: 109 Clerk Number: 271
BOSTON PILOT MIDDLE SCHOOL
Mr. Hart moved that the bill be amended, in Section 2, in item 7007-1200 by inserting after the words "by January 15, 2006;" the following:- "provided further, that $100,000 shall be expended on a grant to study the creation, operation, and evaluation of a pilot wireless student learning initiative at the New Boston Pilot School in the City of Boston."
Floor Number: 110 Clerk Number: 135
UNDERPERFORMING SCHOOLS
Mr. Moore moved that the bill be amended, in Section 2, after Item 7061-9404 the following new item:-
7061-9405 For support of the Turnaround Collaborative comprised of up to 115 schools that appear on the United States Department of Education's 2004 Federal Watch List and schools that have been determined Underperforming or Chronically Underperforming through the Massachusetts Department of Education's school review process in order to improve the absolute performance of all low-performing schools as developed by the Great Schools Campaign and Mass Insight.....................$14,350,000
Floor Number: 111 Clerk Number: 185
HIGHER EDUCATION ENDOWMENT TO ENCOURAGE PRIVATE FUNDRAISING
Mr. Timilty moved that the bill be amended, in Section 2, by inserting after item 7066-0000 the following item: "7066-0115" For the purposes of implementing section 15E of Chapter 15A of the General Laws to encourage private fundraising by the commonwealth's public institutions of higher education; provided, that funds shall be disbursed on a quarterly basis in the proportion to the amount of funds raised by each institution; provided further, that the board of higher education shall implement this program in a manner which ensures that each institution shall have an equal opportunity to secure matching funds from this item; provided further that $2,500,000 shall be allocated to state college campuses;and provided further, that $2,500,000 shall be allocated to the community college campuses ...............................................................$5,000,000
Floor Number: 112 Clerk Number: 310
NEW ENGLAND BOARD OF HIGHER EDUCATION
Ms. Menard moved that the bill be amended, in Section 2, in item 7066-0009, by striking out the figure "$367,402" and inserting in place thereof the following figure:- "$467,402".
Floor Number: 113 Clerk Number: 436
TUITION AID FOR FOSTER CHILDREN
Ms. Spilka, Ms. Chandler, Mr. McGee, Ms. Tucker and Mr. Barrios moved that the bill be amended, in Section 2, in item 7066-0016, by striking the figure "$850,000" and inserting in place thereof the following figure:- "$1,200,000".
Floor Number: 114 Clerk Number: 346
HIGHER EDUCATION OPPORTUNITIES
Mr. O'Leary moved that the bill be amended, in Section 2, in item 7070-0065, by inserting after the words "pursuing a bachelor's degree at a public", the following:- "or independent."
Floor Number: 115 Clerk Number: 400
AN AMENDMENT RELATIVE TO THE BOARD OF HIGHER EDUCATION
Mr. Berry moved that the bill be amended, in Section 2, in item 7070-0065 in line 49, by inserting after "assistance;" the following:- "provided that not less than $800,000 shall be directed to One Family Inc. for the purposes of administering and sponsoring a scholarship program for the higher education of heads-of-household for homeless families with children under the age of 18, or who are at-risk of homelessness as determined by the federal poverty, or who have experienced homelessness within the previous 12 months; provided further that said funds shall be expended for scholarships and assistance with living expenses at accredited institutions of higher learning in the Commonwealth of Massachusetts; provided further that each scholarship shall be matched dollar-for-dollar by One Family Inc.; provided further that the scholarship recipients shall be monitored and tracked for their progress and that the results shall be reported to the Commonwealth on a bi-annual basis through the Board of Higher Education;"
Floor Number: 116 Clerk Number: 263
UMASS DARTMOUTH CENTER FOR BUSINESS RESEARCH
Ms. Menard and Mr. Montigny moved that the bill be amended, in Section 2, in line item 7100-0200 by inserting after the words "Center for Portuguese Studies to operate at the University of Massachusetts at Dartmouth;" the following:- "provided further, that not less than $50,000 shall be expended for the UMASS Dartmouth Center for Business Research;".
Floor Number: 117 Clerk Number: 281
TURI STUDY AMENDMENT
Mr. Hart moved that the bill be amended, in Section 2 by striking out item 7100-0350 and inserting in place thereof the following item: "7100-0350 For an assessment at the Toxic Use Reduction Institute in conjunction with the Office of Toxics Use Reduction Assistance and Technology , created under Chapter 21I section 7, of the feasibility of adopting alternatives for the following hazardous substances: mercury, lead, formaldehyde, perchloroethylene, hexavalent chromium provided that said assessment shall, using standard risk based analysis and including a cost benefit analysis of the impact of alternatives on Massachusetts business, including, but not limited to manufacturers, users, retailers, importers or consumers for each named hazardous substance, identify: (1) significant sources, including imports to Massachusetts, and uses of the hazardous substance in the Commonwealth in manufacturing, consumer products and any other applications, (2) all risk mitigation and/or management measures currently in place for each substance, including voluntary product stewardship and State and federal regulatory requirements, as applicable, (3) all publicly available sources of information on the listed hazardous substances and any identified alternative chemical or technology, including information on the applications, hazards and risk of such alternative (4) alternative chemical and/or technologies, both proven and emergent, and an analysis of their potential to serve as substitutes for one or more hazardous substances listed above, which shall include an assessment of: a) specific applications, hazards and risks of any alternative chemical and/or technology, (b) potential impacts on the environment, human health, workers, employment level and economic competitiveness of the Commonwealth from adopting and implementing any alternative chemical and/or technology as substitutes, (c) the economic opportunities or feasibility of adopting and implementing any alternative chemical and/or technology as a substitute including, but not limited to, consideration of the potential effects on capital, operating and production unit costs, and product price, availability and quality and (d) with respect to emergent chemicals and/or technology, an assessment of the likely barriers to implementation, including cost, availability and required financial or technical assistance to support implementation, provided the institute shall seek the advice of the Office of Toxics Use Reduction Assistance and Technology and the advice of industries and industrial experts from firms using, producing or selling products containing such chemicals, both in the Commonwealth and outside of the Commonwealth, and provided the analysis shall be subject to peer review in a process established by the Science Advisory Board established under Chapter 21I Section 6 and further, that the report shall be provided to the joint committee on environment, natural resources and agriculture by July 1, 2006.......... $250,000"; and
By striking out item 2020-0100 and inserting in place thereof the following item:-
"2020-0100 For toxics use reduction technical assistance and technology in accordance with chapter 21I of the General Laws provided that $50,000 may be expended for the purposes set forth in item 7100-0350.......$1,354,700"
Floor Number: 118 Clerk Number: 94
MASSACHUSETTS WIRELESS INITIATIVE
Messrs. Nuciforo, Joyce and Barrios moves to amend the bill in Section 2, by inserting after item 7113-0100 the following item:- "7113-0105 For the Massachusetts College of Liberal Arts for capacity building at the Massachusetts College of Liberal Arts in conjunction with a pilot wireless learning initiative in conjunction with the Massachusetts Technology Collaborative; provided, that not less than $100,000 shall be expended for the assessment and evaluation of the higher education resources available to residents of Berkshire County ........................ $350,000"
Floor Number: 119 Clerk Number: 472
WESTFIELD STATE COLLEGE HOMELAND SECURITY INSTITUTE
Mr. Knapik moved that the bill be amended, in Section 2, by inserting after item 7115-0101 the following item:- "7115-0101 For the development and implementation of the new Institute of Homeland Security at Westfield State College.........................................$250,000"
Floor Number: 120 Clerk Number: 136
EARMARK QUINSIGAMOND COMMUNITY COLLEGE LIBRARY
Mr. Moore moved that the bill be amended, in Section 2, in item 7512-0100, by inserting at the end thereof the following:- provided further that $525,000 shall be expended for the operation of the George I. Alden Library at Quinsigamond Community College and in said item by striking out the figure "$12,974,525 and inserting in place thereof the figure "$13,499,525"
Floor Number: 121 Clerk Number: 378
QUINSIGAMOND COMMUNITY COLLEGE
Ms. Chandler, Messrs. Augustus and Moore moved that the bill be amended, in Section 2, in item 7512-0100, by striking out the figure "$12,974,525" and inserting in place thereof the following figure:- "$13,474,525".
Floor Number: 122 Clerk Number: 114
BRAD MORSE BUILDING
Mr. Panagiotakos moved that the bill be amended, in Section 2, in item 7516-0100 by inserting the following:- "provided, that the so called Federal Building on the Lowell Campus of Middlesex Community College be named the Brad Morse Building in honor of the late Frank Bradford Morse, former Congressman and Undersecretary of the United Nations and that suitable markers bearing such designation be erected.
Floor Number: 123 Clerk Number: 233
BAY STATE READING INSTITUTE
Mr. Antonioni, Ms. Fargo, Messrs. Tarr and Barrios moved that the bill be amended, in Section 2, in item 7516-0100 the following item:-
"7516-0200 For the Bay State Reading Institute, to provide literacy-based intervention in Massachusetts schools; provided, that the program shall be administered under contract to Middlesex Community College, in collaboration with Fitchburg State College; provided further, that the preponderance of funds should go to schools with a high percentage of minority and/or low-income students, provided further, that such school-wide literacy-based intervention programs shall be based on effective, research-based instruction in reading, as called for in Reading First, and shall provide for the evaluation and tracking of all students' reading and writing skills at least annually; provided further, that such programs shall include measurable goals and benchmarks, shall be lead by a school-based planning team which includes teaching faculty and the school principal, shall provide for the training of teachers in effective strategies for reading instruction and shall include a school-wide literacy coordinator who shall be responsible for the coordination and training of other school staff; provided further, that said initiative shall require that participating schools engage in frequent assessment of the progress of individual students, including diagnostics to determine the source of difficulty for struggling students, use small-group, student-centered instruction for a substantial part of the school day, and focus on literacy instruction, including writing, across the curriculum.........$1,000,000".
Floor Number: 124 Clerk Number: 292
AFTER SCHOOL AND OUT OF SCHOOL COMMISSION
Mr. Antonioni moved that the bill be amended, in Section 2, by inserting after item 9700-0020 the following item:-
"9700-0100 For a special commission on after school and out of school time; provided, that funds shall be expended from this item for consultants, facilitators, research assistance, and the purchase of needed services for said commission; provided further, that said working group on after school and out-of-school time shall undertake a study and make recommendations on how to better coordinate, expand, finance, and improve accessible, affordable, quality out-of-school time programming for school age children in all settings provided further, that said working group shall consist of: one member appointed by the Speaker of the House of Representatives, one member appointed by the Senate President, the chairs of the house and senate committees on ways and means or their designees, the house and senate chairs of the joint committee on education or their designees, the house and senate chairs of the joint committee on children and families or their designees, the commissioner of the department of early education and care, the commissioner of the department of education, the commissioner of the department of public health, one member chosen by each of the following organizations: Massachusetts 2020, the United Way of Massachusetts Bay, the Massachusetts Association of School Committees, the Massachusetts Association of School Superintendents, the Massachusetts Association of Elementary School Principals, the Massachusetts Association of Regional Schools, the Massachusetts Teachers Association, the Massachusetts Federation of Teachers, the Massachusetts Parent-Teacher Association, the Massachusetts Association of Day Care Agencies, the Massachusetts Independent Child Care Organization, the Massachusetts School-Age Coalition, the Massachusetts Community Action Program, the Massachusetts Child Care Resource and Referral Agencies Network, the YMCAs of Massachusetts, Parents Alliance for Catholic Education, Parents United for Child Care, or its successor organization, one person chosen by the co-chairs who shall be a representative of family child care, one member who shall be chosen by the co-chairs who shall be a representative of nonpublic schools, and no fewer than 6 representatives selected by the Massachusetts After school Partnership, with consideration of the broad constituency of out of school time, including providers, educators, parents of school-age children, advocates for school-age children's services, business, community and religious leaders, representatives of higher education, law enforcement officials, philanthropic leaders, and individuals with knowledge and experience in the fields of out-of-school time; provided further, that the Senate President and Speaker of the House shall appoint the co-chairs of the working group; provided further, that the chairs of the working group may expend funds from this item for services the chairs find necessary to conduct the study and to support the timely completion of its report provided further that the working group shall consider settings including, but not limited to, public and private out-of-school time programs located in schools and in community based organizations and programs in non-public schools; provided further, that in carrying out its study, the working group shall advise the General Court, the Department of Early Education and Care, the Department of Education and other administrative agencies who work with school age children to ensure that there is a continuity of services for children as they grow and develop and to avoid duplication of effort as these agencies continue to make administrative and programmatic improvements; provided further, that in carrying out its study, the working group shall evaluate different age populations served by before school, after school and out-of-school time programs and identify ways to best support their needs; provided further, that the working group shall review existing data on the effectiveness of out-of-school time programming in the commonwealth; provided further, that in carrying out its study, the working group shall hold no fewer than nine hearings in, at minimum, the following regions of the commonwealth: Western Massachusetts, Central Massachusetts, Metrowest, Southeastern Massachusetts, the Cape and Islands, the Merrimac Valley, the North Shore, the South Shore, and Greater Boston; provided further, that the working group shall solicit testimony from interested stakeholders including, but not limited to, the following: staff of after school and out-of-school time programs; parents of school age children; advocates for school-age children's services; business, community and religious leaders; representatives of higher education; law enforcement officials; philanthropic leaders, and individuals with knowledge and experience in the field of out-of-school time; provided further, that the commission shall make recommendations to: (1) coordinate, integrate, and streamline publicly funded out-of-school time administration and functions; (2) coordinate resources and policies regarding public funding streams for school age children; (3) strengthen consumer education; (4) create an effective data collection system to support the necessary functions of a consolidated system; (4) establish the appropriate balance between funding for direct provision of service, for quality enhancement, and for administration; and (5) ensure the creation of a workforce system to support education, training and compensation of the out-of-school time workforce; provided further, that the working group shall submit a report containing its recommendations to the Governor, the secretary of administration and finance, the house and senate committees on ways and means, the joint committee on education and the joint committee on children and families not later than December 15, 2005; provided further, that the joint committee on education and the joint committee on children and families shall review the recommendations of the working group on after school and out-of-school time; and provided further, that the committees shall make recommendations not later than February 1, 2006 to the General Court, along with any legislative or budgetary recommendations necessary to best support accessible, affordable, quality out-of-school time programming for school age children ......................................... $100,000"
Floor Number: 125 Clerk Number: 59
TUITION RETENTION
Messrs. Lees, Hedlund, Knapik and Brown moved that the bill be amended in Section 96 by adding at the end of the first sentence of the second paragraph the following words:- ", provided that no Board of Trustees shall permit the expenditure of any tuition, fees or other revenues for the purpose of merging with, acquiring, creating, or operating a law school or any educational program designed to train students in the practice of law offering the degree of juris doctor, master of laws, doctor of juridical science, or other first or advanced law degree without the prior approval of the general court and the governor."
Floor Number: 126 Clerk Number: 345
Withdrawn
Floor Number: 127 Clerk Number: 551
PUBLIC HIGHER EDUCATION TUITION RETENTION FOR LAW SCHOOL
Messrs. Morrissey, Creedon, Timilty, Antonioni and Buoniconti moved that the bill be amended in section 96 by inserting in line 12 after the word "direct" the following:- ";provided that no board of trustees shall permit the expenditure of any tuition, fees or other revenues for the purpose of merging with, acquiring, creating, or operating a law school or any educational program designed to train students in the practice of law offering the degree of juris doctor, master of laws, doctor of juridical science, or other first or advance law degree without the prior approval of the general court and the governor".
Floor Number: 128 Clerk Number: 658
TUITION RETENTION
Mr. O'Leary moved that the bill be amended by striking out section 96, and inserting in place thereof, the following section:-
"SECTION 96. Notwithstanding any general or special law to the contrary, the Board of Trustees for the University of Massachusetts system and the President of the University are hereby authorized to retain all tuition for out-of-state students at the Amherst campus. The Board shall promulgate regulations to allow the administration of the Amherst campus to retain all tuition paid by students who are not residents of Massachusetts. The regulations shall ensure that no resident of Massachusetts is denied admission to the Amherst campus as a result of tuition retention program. The Board of Trustees for the University system shall issue a report on the progress of said initiative no later than February 1, 2006 to the House and Senate chairs of the Joint Committee on Higher Education and the Chairs of the House and Senate Ways and Means Committees and the Executive Office of Administration and Finance. The report shall include the number of out-of-state students attending the school, the amount of tuition revenue retained under the program and any programs or initiatives funded with the retained revenue.
Notwithstanding any general or special law to the contrary for employees of the University who are paid from tuition retained pursuant to this section, fringe benefits shall be funded as if those employees' salaries were supported by state appropriations. This section shall apply only to fringe benefits associated with salaries paid from tuition retained by the Board of Trustees of the University as a direct result of the implementation of this section."
Floor Number: 129 Clerk Number: 108
NORTHEAST NURSING INSTITUTE
Messrs. Tarr, Baddour, Pangiotakos and McGee moved that the bill be amended by inserting, after section 109, the following new section: -
"Section____. Authorize and Direct the Board of Directors of Higher Education to evaluate the feasibility of developing a Northeastern Massachusetts Nursing Institute through the collaboration of Salem State College, Northern Essex Community College, North Shore Community College, Middlesex Community College and area hospitals for the purpose of developing and sharing additional resources for nursing education in the Commonwealth."
Floor Number: 130 Clerk Number: 434
ADAMS SCHOLARSHIP
Messrs. Antonioni, Knapik, Moore, and Brown moved that the bill be amended by inserting, after Section 109, the following new section:-
"SECTION 110. Notwithstanding any general or special law or regulation to the contrary, non-public school students in grade 10 shall be eligible to take the Massachusetts Comprehensive Assessment Skills (MCAS) exam at a non-public school site to solely qualify for the John and Abigail Adams Scholarship program administered by the Board of Higher Education."
Floor Number: 131 Clerk Number: 648
EQUIPMENT WARRANTY REFORM
Mr. Pacheco moved that the bill be amended by inserting the following new section:-
SECTION ____. The Board of Higher Education shall work with the Operational Services Division to implement an equipment maintenance pilot program in the state colleges to create savings in state warranty agreements on, including but not limited to, information technology, printers, facsimile machines, copiers, telecommunication equipment, mail machines, and other hardware.
Floor Number: 132 Clerk Number: 685
IN STATE TUITION
Mr. Lees moved that the bill be amended by inserting, after Section 109, the following new Section:-
Notwithstanding any general or special law to the contrary, for the purpose of determining eligibility for in-state tuition and fees at public institutions of higher education, only those holding official status as a citizen or permanent resident of the United States and resident of the Commonwealth shall be considered for in state tuition and fees.
Floor Number: 133 Clerk Number: 461
MAHAR SCHOOL BUILDING ASSISTANCE
Mr. Brewer moves that the bill be amended by inserting, after Section 109, the following new Section:-
"SECTION __. Notwithstanding any general or specific law to the contrary, the list established in Section 45 of Chapter 208 of the Acts of 2004 shall include a provision that the regulations in effect on July 1, 2001 regarding reimbursable costs shall be in effect for the Ralph C. Mahar Project."
Floor Number: 134 Clerk Number: 557
ESTABLISHING A COMMISSION REGARDING MENTAL HEALTH AWARENESS TRAINING FOR LAW ENFORCEMENT OFFICERS
Ms. Creem moved that the bill be amended by inserting, after Section _____, the following new Section:-
"SECTION ___. There shall be a commission to study and make recommendations for the establishment and implementation of a coordinated curriculum for the training of law enforcement officers in responding to mental health emergencies and incidents involving persons with mental illness or mental retardation. The commission shall include and be co-chaired by the senate and house chairs of the joint committee on public safety. The commission’s other members shall be the secretary of public safety or his designee, the commissioner of mental health or his designee, the commissioner of mental retardation or his designee, a representative of the municipal police training committee, a representative of the University of Massachusetts medical school’s law and psychiatry program, a representative of the Disability Law Center, a representative of the Building Partnerships Initiative, a representative of the Massachusetts Chiefs of Police Association, a representative of the National Alliance for the Mentally Ill of Massachusetts, the colonel of the department of state police or his designee, a representative of the Massachusetts Psychological Association, a representative of the Mental Health and Substance Abuse Corporation of Massachusetts, Inc., a representative of the organization M-Power, a representative of the disabled persons protection commission, a representative of Consumer Quality Initiatives, Inc. , and a representative of the Massachusetts Police Association.
The commission’s review shall include, but not be limited to, the following issues as they relate to the training of law enforcement officials in responding to persons with mental illness or mental retardation:
(1) risk management, crisis identification and intervention and de-escalation techniques;
(2) the provision of information to law enforcement officers about individuals with mental illness or mental retardation, strategies law enforcement officers may use for reducing or preventing any risk of harm in mental health emergencies by using the least intrusive, restrictive and violent means of addressing such incidences while protecting the safety of the law enforcement officer, the individual in crisis and other persons present at the scene;
(3) the laws regarding the defenses of lack of criminalresponsibility and competency to stand trial, and the diversion of persons with mental illness or mental retardation for treatment instead of criminal prosecution;
(4) the availability of civil remedies and community resources for persons experiencing mental health emergencies, and the protection of persons with mental illness or mental retardation and for law enforcement officers engaging such persons; an
(5) an analysis of the financial impact of establishing and implementing the commission’s recommendations as well as identifying any outside resources, programs or grants available to reduce any such financial impact.
The commission shall conduct at least 1 public hearing and shall file its report and recommendations with the clerks of the senate and the house respectively, including any legislation necessary to implement such recommendations, not later than January 1, 2006.
Floor Number: 135 Clerk Number: 42
CORI CHECKS
Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Brown moved that the bill be amended, in Section 2, in item 8000-0110 by inserting at the end thereof the following:- "provided further, section 172E of chapter 6 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking the second paragraph in its entirety."
Floor Number: 136 Clerk Number: 76
ONLINE ACCESS TO CRIMINAL HISTORY SYSTEMS BOARD
Messrs. Nuciforo and Tolman, Ms. Resor and Mr. Lees moves that the bill be amended, in Section 2, in item 8000-1122, by inserting after the words "KK object class", the following words:- "provided further, that no later than December 31, 2005 the board shall create a system that allows all certified agencies that provide services to the elderly, children, victims of crime, medically infirm persons, or the physically or mentally challenged to utilize online filing, payment and receipt of criminal offender record information".
Floor Number: 137 Clerk Number: 666
BROWN- SEX OFFENDER PROXIMITY RESTRICTIONS
Mr. Brown, Ms. Fargo, Messrs. Baddour, Lees, Tisei, Hedlund, Tarr and Knapik, moved that the bill be amended by inserting, after Section ____, the following new Section:-
SECTION ____. A commission shall be established consisting of the Director of the Sex Offender Registry Board, or his designee, the Commissioner of the Massachusetts Parole Board, or his designee, the Commissioner of Probation, or his designee, three members of the Senate, one of which shall be a member of the minority party to be appointed by the Senate President, and three members of the House of Representatives, one of which shall be a member of the minority party appointed by the Speaker. Said commission shall establish guidelines for level 3 sex offenders convicted of a crime against a minor for the purpose of setting certain proximity restrictions in accordance with this chapter. Said commission shall file its findings and recommendations for legislation in the format outlined in this section and the legislature shall file a bill no later than December 31, 2005. Upon passage of said legislation the Sex Offender Registry Board shall disseminate all information to local police officials."; and
In said Section the following language:- "Paragraph (b) of subsection (2) of section 178K of chapter 6 of the General Laws, as most recently amended by section 20 of chapter 77 of the acts of 2003, is hereby further amended by inserting after the first sentence the following 2 sentences:--
Section 178R. (a) No sex offender designated as a level 3 offender convicted of a sex offense involving a child shall knowingly establish a home address or intended home address or any other living accommodation within the guidelines determined by the commission of the property on which any public or private school, licensed day care center, or any other child care facility is located. Nor shall any level 3 sex offender knowingly establish a home address or intended home address or any other living accommodation within the guidelines determined by the commission of the property on which the offender's former victim or victims, or said victim's immediate family members reside, nor shall such offender knowingly and willfully come within the guidelines determined by the commission of any of the offender's former victims. Violations of this paragraph shall be punished in accordance with a violation of the conditions of probation or parole.
(b) No sex offender designated as a level 3 offender convicted of a sex offense involving a child shall knowingly accept employment within the guidelines determined by the commission of the property on which any public or private school, licensed day care center or any other child care facility is located. No sex offender designated as a level 3 sex offender shall knowingly accept employment within the guidelines determined by the commission of the property on which the offender's former victim or victims, or the victim's immediate family members reside. Violations of the provisions of this paragraph shall be punished in accordance with a violation of the conditions of probation or parole.
(c) No sex offender designated as a level 3 offender convicted of a sex offense involving a child shall establish living conditions within, be placed in, or be transferred to any state-owned, operated or funded housing or any facility contracted with the state within the guidelines determined by the commission of the property on which any public or private school, licensed day care center, or any other child care facility is located, or any residence occupied by at least one minor."
Floor Number: 138 Clerk Number: 371
MUNICIPAL POLICE TRAINING ACADEMY
Ms. Chandler moved that the bill be amended, in Section 2, in item 8200-0200, by inserting at the end thereof the following wording:- "; and provided further, that not less than $25,000 shall be provided to the Municipal Police Training Academy located in the Town of Boylston for the purpose of increased rental, maintenance and utility costs to be paid to the Town of Boylston."
Floor Number: 139 Clerk Number: 164
BROWN- FOREST FIRE CONTROL EQUIPMENT
Mr. Brown moved that the bill be amended, in Section 2, in item 8324-0000, by inserting after the word "supplies" the following:- "; provided further, not less than $65,000 shall be expended for forest fire control equipment in Millis"; and
In said item by striking out the figures "$10,223,098" and inserting in place thereof the figures "$10,288,098".
Floor Number: 140 Clerk Number: 437
SOUTH SHORE HOSPITAL TRAINING PROGRAM
Mr. Hedlund moved that the bill be amended, in Section 2, by striking out item 8324-0000 and inserting in place thereof the following item: -
"8324-0000 For the administration of the department of fire services, including the state fire marshal's office, the hazardous materials emergency response program and the Massachusetts firefighting academy, including the Massachusetts fire training council certification program, municipal and non-municipal fire training, and expenses of the council; provided, that the fire training program shall use the split days option; provided further, that notwithstanding any general or special law to the contrary, 100 per cent of the amount appropriated in this item for the administration of the department of fire services, the state fire marshal's office and the Massachusetts firefighting academy shall be assessed upon insurance companies writing fire, homeowners multiple peril or commercial multiple peril policies on property situated in the commonwealth and paid within 30 days after receiving notice of such assessment from the commissioner of insurance; provided further, that notwithstanding any general or special law to the contrary, 100 per cent of the amount appropriated in this item for the operation of the hazardous materials emergency response program shall be assessed upon insurance companies writing commercial multiple peril, non-liability portion, policies on property situated in the commonwealth and commercial auto liability policies as referenced in line 5.1 and line 19.4, respectively, in the most recent annual statement on file with the commissioner of insurance; provided further, that notwithstanding any general or special law to the contrary, funds scheduled in the PP object class, pursuant to section 27 of chapter 29 of the General Laws for this item in fiscal year 2006 shall not be transferred to any other object class in said fiscal year; provided further, that not more than 10 per cent of the amount designated for the arson prevention program shall be expended for the administrative cost of the program; provided further, that the expenses of the board of fire prevention regulations, pursuant to section 4 of chapter 22D of the General Laws, shall be paid from this item; provided further, that the expenses of the fire safety commission shall be paid from this item; provided further, that $25,000 shall be expended for the costs of operating the fire starters program by the Plymouth county juvenile court; provided further, that $75,000 be expended for the South Shore Hospital to establish a response training program for fire department and private EMS personnel in Southeastern Massachusetts to increase their training in handling victims requiring decontamination due to chemical and or Bioterrorism injuries; and provided further, that not less than $100,000 be expended for the administration of a statewide program to provide for critical incident stress intervention for the fire departments of the cities, towns, and fire districts of the commonwealth including, but not limited to, consultant services, training, equipment, and supplies.....................................$10,298,098"
Floor Number: 141 Clerk Number: 174
Correction Program Officers - Collective Bargaining Units
Mr. Pacheco moved that the bill be amended, in Section 2, in item 8900-0001, by inserting, in line 16, following the words "registry board" the following:- "Provided further, that not less than $1,500,000 shall be spent to fund collectively bargained upgrades for Correction Program Officers"
Floor Number: 142 Clerk Number: 236
AN ACT FOR DUNBAR COMMUNITY CENTER, INC.
Mr. Buoniconti moved that the bill be amended, in Section 2, in item 8900-0001, by adding the following: "; provided further that not less than the amount of $302,000 shall be expended for the Dunbar Community Center, Inc., so-called, in Springfield to operate the DCC Teen Safe Zone Program."
Floor Number: 143 Clerk Number: 428
STUDY OF WOMEN IN PRISON AND FAMILY CONNECTIONS
Ms. Spilka, Mr. McGee and Ms. Creem moved that the bill be amended, in Section 2, in item 8900-0001 by adding the following:- "; and provided further that not less than $100,000 be allocated to the Center for Women in Politics and Public Policy at the University of Massachusetts, Boston to conduct a comprehensive study of resources and best practices that develop and strengthen the family connections of women inmates and their children."
Floor Number: 144 Clerk Number: 698
PAYMENT BY PRISONERS
Messrs Tarr and Lees moved that the bill be amended in section 2, in item 8900-0001, by inserting, after the word "board" at the end thereof the following: - "provided further, that the department shall study and design a system whereby any adult person who has not been determined to be in a financial condition of indigency shall be required to pay to the commonwealth if committed to a state correctional facility or to the county if committed to a house of correction, a sum of not less than $2.00 (two dollars) nor more than $5.00 (five dollars) per calendar day to defray the costs of incarceration. Said system shall provide the means for an incarcerated person to seek total or partial exemption from the payments prescribed above, in addition to one or more mechanisms whereby an incarcerated person could arrange for payments following the release from a correctional facility, and/or over a period of time through installments or other means deemed appropriate. The department shall report the findings of said study, the system it has designed to meet the goals established herein, and any necessary legislation to implement the system to the Clerks of the House and Senate not later than January 15, 2006.
Floor Number: 145 Clerk Number: 361
DEPARTMENT OF PUBLIC SAFETY
Mr. Lees, Tarr, Knapik, Brown and Barrios moved that the bill be amended, in Section 2, in item, in item 8311-1000, by striking out the figure "$1,052,495" and inserting in place thereof the figure:- "$1,280,533".
Floor Number: 146 Clerk Number: 449
DEPARTMENT OF PUBLIC SAFETY
Messrs. Brewer, Baddour and Tarr moved that the bill be amended, in Section 2, by inserting after item 8311-1000 the following item:-
"8311-1001 The department of public safety shall, in accordance with chapter 764 of the acts of 1987, process every application for licensure or certificate of clearance and every license or certificate of clearance issued by the department shall contain the photograph of the holder, the registration number or such other number as the commissioner requires and the name and business address of the holder. Prior to the issuance of any permit to perform security system work, as defined in chapter 764 of the acts of 1987, every licensee under this section, as directed by the commissioner in consultation with the council established by executive order 440, must demonstrate proof of valid and current licensure to the city, town, or district; provided further, that no city, town or district shall, in addition to requirements under state law, establish by ordinance or bylaw, any additional fee, permit or license as a condition for a permit to be issued to perform security system work. Notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and 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, and the remainder of all fees collected shall be deposited into the General Fund..........................................................................................$500,000"
Floor Number: 147 Clerk Number: 384
DIVISION OF INSPECTIONS
Mr. Lees, Tarr, Knapik, Brown and Barrios moved that the bill be amended, in Section 2, in item 8315-1000, by striking out the figure "$4,507,803" and inserting in place thereof the figure:- "$5,062,854."
Floor Number: 148 Clerk Number: 447
DIVISION OF INSPECTIONS
Mr. Brewer moved that the bill be amended, in Section 2, in item 8315-1000, by striking the figure "$4,507,803" and inserting in place thereof the following figure:- "$5,062,854"
Floor Number: 149 Clerk Number: 622
STATE RESILENCE DEVELOPMENT
Mr. Hart moved that the bill be amended, in Section 2, in item 8000-0000 by striking the out the figure "$2, 250,856" and inserting in place thereof the following figure "$2,245,856";
In line item 0910-0200 by striking out the figure "$2,600,000" and inserting in place thereof the following figure "$2,650,000"; and
Inserting after the word "general" the following "provided further provided, that not less than $50,000 shall be expended for a commission to be known as the State Resilience Development and Anti-Terrorism Commission which shall be comprised of 5 members who shall be appointed by the Inspector General; provided further, that the commission shall be responsible for researching, developing, and coordinating resilience-building programs and protocols, including, but not limited to, risk communication protocols, community strategies to maximize public adherence to disaster contingency plans, training for teachers and school personnel to guide students through disasters and tools for first responders to maximize their effectiveness during and after a crisis; provided further, that the commission shall approve and audit all state, local and regional programs and ensure that all state, local and federal funding and grants are appropriately expended; provided further, that the commission shall analyze state and local preparedness for terrorism to ensure that the state public health infrastructure is prepared to adequately respond to the psychological and physical consequences across a continuum of possible terrorism events; provided further, that the commission shall ensure that state and local disaster planners address psychological and physical consequences in their planning and preparedness and in their response to pre-event, event and post-event phases of terrorist attacks; provided further, that due consideration shall be given to needs associated with different types of terrorism events and to needs for various segments of the population; provided further, that due consideration shall also be given to providing adequate state and local prioritization and funding of resources and support for psychological preparedness and response; provided further, that the commission shall develop strategies for encouraging state public health and mental health agencies to closely collaborate in the development of integrated, science-based programs and protocols designed to increase psychological resilience and mitigate distress reactions and maladaptive behaviors to a conventional, biological, chemical or radiological attack in the commonwealth; provided further, that the commission may hire staff, contract and enter into agreements for the operation of the commission; and provided further, that the commission may seek grants and other funding sources for the operation of the commission"
Floor Number: 150 Clerk Number: 80
COMMUNITY POLICING GRANTS
Mr. Tarr moved that the bill be amended, in Section 2, in item 8000-0100 by inserting, after the words "shall receive 100 per cent of the amount so earmarked in fiscal year 2006" by adding the following: - "provided further that the following communities shall receive no less than $30,000 from this item: Boxford, Essex, Gloucester, Groveland, Hamilton, Manchester By-the-Sea, Middleton, Rockport, Wenham and West Newbury."