Redraft EPS 445

WITHDRAWN

EPS 446

SENATOR CHARLES E. SHANNON JR. COMMUNITY SAFETY INITIATIVE

Mr. McGee moved that the bill be amended, in section 2, in item 8100-0111, by striking the figure “$4,000,000” and inserting in place thereof the following figure:- “$6,500,000”.

EPS 447

DISMAS HOUSE

Mr. Michael O. Moore moved that the bill be amended, in section 2, in item 8900-0001, by adding at the end thereof the following:

“provided further not less than $80,000 shall be expended for the Dismas House in Worcester”; and in said item, by striking out the figure “$500,247,571 and inserting in place there of the figure “500,327,571”

EPS 448

PAROLE BOARD

Mr. Michael O. Moore moved that the bill be amended, in section 2, in item 8950-0001, by striking out the figure “$17,857,722” and inserting in place thereof the figures “$18,405,026”

EPS 449

CHIEF MEDICAL EXAMINER RETAINED REVENUES

Mr. Michael O. Moore moved that the bill be amended, in section 2, in item 8000-0122, by striking the figure “1,700,000” and inserting in place thereof the following figure “2,100,000”

EPS 450

PITTSFIELD SCHOOLS RETAINED REVENUE

Mr. Downing moved that the bill be amended, in section 2, by inserting after item 8910-0445 the following item:

“8910-0446 The Berkshire sheriff’s department may expend an amount not to exceed $1,000,000 from revenues collected from the city of Pittsfield public school system; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the sheriff’s office may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system; and provided further, that expenditures from this item shall be subject to chapter 29 of the General Laws and recorded on the Massachusetts management accounting and reporting system…..$1,000,000”

Redraft EPS 451

JUVENILE RESOURCE CENTER

Mr. Downing moved that the bill be amended, in section 2, by inserting after item 8910-0445 the following item:

EPS 452

SPRINGFIELD GANG VIOLENCE PREVENTION

Ms. Candaras moved that the bill be amended, in section 2, in item 8100-0111, by inserting at the end thereof the following:-

“; and provided further that $100,000 be expended for a gang violence prevention program administered jointly by the Hampden County Sheriff’s Department and Roca, Inc. of Chelsea”

EPS 453

HAMPDEN SHERIFF RETAINED REVENUE

Ms. Candaras and Mr. Buoniconti moved that the bill be amended, in section 2, in item 8910-1000, by striking the figure “$1,844,458” and inserting in place thereof:-

“$2,005,423”

EPS 454

HAMPDEN COUNTY SHERIFF OPERATING

Ms. Candaras and Mr. Buoniconti moved that the bill be amended, in section 2, in item 8910-0102, by striking the figure “$65,023,431” and inserting in place thereof the following:-

“$68,791,580”

Redraft EPS 455

DEPARTMENT OF FIRE SERVICES

Mr. Donnelly 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, the board of fire prevention regulations established in section 4 of chapter 22D of the General Laws, the expenses of the fire safety commission and the Massachusetts firefighting academy, including the Massachusetts fire training council certification program, municipal and nonmunicipal fire training and expenses of the council; provided, that the fire training program shall use the split days option; provided further, that the amount allocated for programs providing information about the fire risks caused by smoking, the regional dispatch center, critical incident stress intervention programs and fire department training academies listed in item 8324-0000 of section 2 of chapter 182 of the acts of 2008 shall be allocated to each program in fiscal year 2011; provided further, that the amount allocated for critical incident stress management residential services in item 8000-0000 of section 2 of chapter 182 of the acts of 2008 shall be allocated to the program in fiscal year 2011; provided further, that the amount allocated for hazardous material response teams specifically listed item 8324-0000 of chapter 27 of the acts of 2009 shall be allocated to each program in fiscal year 2011; 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, critical incident stress programs, the Massachusetts and fire department training academies and the regional dispatch center, 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 receipt of 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 hazardous materials emergency response shall be assessed upon insurance companies writing commercial multiple peril, nonliability 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; and 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……$16,861,169”

EPS 456

PRICE GOUGING

Ms. Candaras moved that the bill be amended after Section 158 by inserting the following new Section:-

SECTION XX. Chapter 23, Section 9H of the General Laws is hereby amended by adding at the end thereof the following: --

As used in this section the following words shall have the following meanings: --

“Commodity” means goods, services, materials, merchandise, supplies, equipment, resources, or other articles of commerce, and includes, without limitation, food, water, ice, chemicals, petroleum products, and lumber essential for consumption or use as a direct result of a declared state of emergency.

“Unconscionable price” an amount charged which represents a gross disparity between the price of the commodity or rental or lease of a dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility that is the subject of the offer or transaction and the average price at which that commodity or dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility was rented, leased, sold, or offered for rent or sale in the usual course of business during the 30 days immediately before a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of the dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility, or regional, national, or international market trends; or grossly exceeds the average price at which the same or similar commodity, dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility was readily obtainable in the trade area during the 30 days immediately before a declaration of a state of emergency. Such price shall not include a price during that period set as a result of a bona fide manufacturer’s or suppliers limited discount or rebate; provided however that the increase in the amount charged is not with rental or sale of the commodity or rental or lease of the dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility, or as the result of regional, national, or international market trends, or is attributable to additional costs in connection with the disaster, including replacement costs imposed by the vendors source.

Whenever the governor shall determine that an emergency exists in respect to food or fuel or any other common necessity of life, including the providing of shelter, it shall be a violation of this section for a person or his agent or employee to rent or sell or offer to rent or sell a commodity at an unconscionable price within the area for which the state of emergency is declared; or impose unconscionable prices for the rental or lease of a dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility within the area for which the state of emergency is declared. This prohibition remains in effect until the declaration expires or is terminated. Upon a declaration of a state of disaster by the President, in which the disaster area includes all or a portion of the commonwealth it is unlawful and a violation of this article for a person or his agent or employee in this state to: rent or sell or offer to rent or sell a commodity at an unconscionable price within the area for which the state of disaster is declared; or impose unconscionable prices for the rental or lease of a dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility within the area for which the state of disaster is declared. This prohibition remains in effect until ten days after the declaration expires or is terminated. A price increase approved by an appropriate government agency is not a violation of this section. This section does not apply to sales by growers, producers, or processors of raw or processed food products, except for retail sales of those products to the ultimate consumer within the area of the declared state of emergency or disaster.

A violation of this section shall be punished by a fine of not more than $5,000 or by imprisonment for not more that 2½ years or both.

EPS 457

MENTAL HEALTH SERVICES

Mr. Tolman moved that the bill be amended, in section 2, in item 8910-0003, by inserting after the words “correctional facilities” the following words:- “in the commonwealth; provided, that 1 unit shall be located in Hampden county to serve the needs of incarcerated persons in the care of Berkshire, Franklin, Hampden, Hampshire, and Worcester counties; provided further, that 1 unit shall be located in Middlesex County to serve the needs of incarcerated persons in the care of Barnstable, Bristol, Dukes, Essex, Nantucket, Middlesex, Norfolk, Plymouth, and Suffolk counties; provided further, that the services of the units shall be made available to incarcerated persons in the care of the department of correction; provided further, that the Massachusetts sheriffs‘ association, in conjunction with the department of correction, shall prepare a report that shall include, but not be limited to: (a) the number of incarcerated persons in facilities located in counties that were provided services in each unit; (b) the number of incarcerated persons in department of correction facilities that were provided services in each unit; (c) the alleviation in caseload at Bridgewater state hospital associated with fewer incarcerated persons in the care of counties being attended to at the hospital; and (d) the estimated and projected cost-savings in fiscal year 2011 to the sheriff departments and the department of correction associated with the regional units; provided further, that the report shall be submitted to the house and senate committees on ways and means not later than March 15, 2011” and that the bill be further amended in said item by striking out the figures “1,886,112” and inserting in place thereof the figures “1,886,335”.

Redraft EPS 458

AMBULANCE STAFFING

Messrs. Brewer and Timilty moved that the bill be amended by inserting at the end the following section:-

“SECTION 46A.  Chapter 111C of the General Laws, as so appearing, is hereby amended by adding the following section:—

Section 25. When a Class I, II, or V ambulance transports a patient receiving care at the Paramedic level of advanced life support, the ambulance shall be staffed in accordance with regulations promulgated by the department with at least 2 emergency medical technicians, 1 of whom shall be certified at the EMT-paramedic level.”

Redraft EPS 459

MACHETES BAN

Mr. Petruccelli moved that the bill be amended by inserting, after section 89 the following section:-
“SECTION 89A.  Section 10 of chapter 269 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out paragraph (b) and inserting in place thereof the following paragraph:-
       As used in this paragraph, the following words shall have the following meanings unless the context clearly requires otherwise:
      “Ballistic knife”, a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas, but not including a device which propels an arrow or a bolt by means of a common bow, compound bow, crossbow or underwater speargun.
“Billy club”, a handheld instrument designed for striking another with concussive force including, but not limited to, a nightstick, tonfa, spring stick or telescoping metal baton.
“Blackjack”, a handheld instrument with a weighted end designed for striking with concussive force.
“Brass knuckles”, a set of metal finger rings or guards attached to a transverse piece and worn over the front of the doubled fist for use as a weapon and includes any such device whether made of brass or of some other metal or of another hard composite substance; provided, however, that “Brass knuckles” shall include a knuckle knife or  brass knuckles attached to a blade.
“Butterfly knife”, a knife having a blade encased in a split handle that manually unfolds with hand or wrist action with the assistance of inertia, gravity or both.
“Dagger”, a bladed instrument designed for use as a weapon including, but not limited to, a dirk, stiletto, push knife, boot knife, combat knife or fighting knife.
“Disguised knife”, a knife designed so that it is not readily recognizable as a knife, and appears instead to be a non-threatening item such as a lipstick, pen, belt buckle, air gauge or other common item.
“Electrical weapon”, a portable device or weapon from which an electrical current, impulse, wave or beam may be directed, which current, impulse, wave or beam is designed to incapacitate temporarily, injure or kill including, but not limited to, a taser or stun gun.
 “Knife”, a cutting or stabbing instrument of metal or other resilient substance including, but not limited to, a sword or machete.
“Leaded gloves”, gloves or other hand covering which are manufactured or modified to contain a weighted element such as lead shot, designed so that the wearer may strike another with enhanced force.
“Nunchaku”, 2 sticks of wood, plastic or metal connected at 1 end by a length of rope, chain, wire or leather and capable of striking another with force sufficient to cause injury.
 “Switchblade knife”, a knife with an automatic spring release device by which the blade is released from the handle and having a blade of over 1½ inches.
 “Throwing star”, a shuriken or other instrument with 1 or more sharp edges designed in the shape of a polygon, trefoil, cross, star, diamond or other geometric shape for use as a weapon for throwing.
 “Undetectable knife”, a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon and which is not detectable by a metal detector or magnetometer set at standard calibration.
            Whoever, except as provided by law, carries on his person or under his control in a vehicle, a dagger, a knife having a double-edged blade, a ballistic knife, a switchblade knife, a butterfly knife, a disguised knife, an undetectable knife; a blackjack; a billy club, brass knuckles, leaded gloves, a nunchaku, a throwing star, an electrical weapon or any other knife having a blade length of greater than 3½ inches that is possessed during the commission of a crime or that is used or intended to be used in an assaultive or otherwise unlawful manner shall be punished by imprisonment in the state prison for not more than 5 years or by imprisonment in a jail or house of correction for not more than 2½ years or by a fine of not more than $1,000, or both such fine and imprisonment.  Whoever, after having been convicted of a felony in a state or federal court, violates this paragraph shall be punished by imprisonment for a mandatory minimum period of not less than 1 year if sentenced to a state prison or not less than a mandatory minimum of 6 months in sentenced to a jail or house of correction.  The sentence shall not be suspended and a person so sentenced shall not be eligible for probation or receive a deduction from his sentence for good conduct.  The court may also impose a fine of not more than $1,000 but the fine shall not be imposed in place of the mandatory minimum term of incarceration.  Whoever violates this paragraph during the commission of a felony shall, in addition to the penalty for that felony, be punished by imprisonment for not less than a mandatory minimum period of 2½ years but not more than 10 years in the state prison or not less than a mandatory minimum of 2 years but not more than 2½ years in a jail or house of correction.  The court may also impose a fine of not more than $5,000 but the fine shall not be imposed in place of the mandatory minimum term of incarceration.
Nothing in this paragraph shall prohibit possession of a device or weapon defined herein by: (i) a federal, state or municipal law enforcement officer or member of a special reaction team in a state prison or designated special operations or tactical team in a county correctional facility, acting in the discharge of their official duties who has completed a training course approved by the secretary of public safety in the use of such a device or weapon; (ii) military personnel who possess such devices or weapons as part of their official duties; or (iii) an authorized supplier of such devices or weapons if possession of the device or weapon is necessary to the supply or sale of the device or weapon within the scope of a legitimate sale or supply enterprise.” 

EPS 460

WITHDRAWN

EPS 461

HOST COMMUNITIES

Mr. Pacheco moved that the bill be amended, in section 2, in item 8900-1000, by inserting in line 8 after the words “ operated by the department;” the following new text:-

“provided, that the department shall expend not less than $1,010,500 for cities and towns hosting facilities;”

Redraft EPS 462

POLICE SAFETY

Mr. Knapik moved that the bill be amended by inserting the following new section:-
SECTION X:  Section 24 of chapter 90 of the General Laws is hereby amended by inserting after the third paragraph of subparagraph (4) of paragraph (a) of subdivision (1) the following new subparagraph:-
(5) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Police Fire Safety Equipment Fund, the purpose of which shall be to make an annual disbursement to state and local law enforcement for active or passive fire suppression kits for state and municipal police cruisers to aid in the prevention of fires resulting from rear end collisions. The fund shall be administered by the Executive Office of Public Safety and Security. The state treasurer shall be the custodian of the fund and shall receive, deposit and invest all monies transmitted to him under this section in accordance with sections 34, 34A and 38 of chapter 29 in such a manner as to secure the highest rate of return available consistent with the safety of the fund, and shall credit interest and earnings on the trust fund corpus to the trust fund.
There shall be an assessment of $150 against a person who is convicted, placed on probation or granted a continuance without a finding or who otherwise pleads guilty to or admits to a finding of sufficient facts for operating a motor vehicle while under the influence of intoxicating liquor or under the influence of marihuana, narcotic drugs, depressants or stimulant substances, provided, however, that but $125 of the amount collected under this assessment shall be deposited monthly by the court with the state treasurer who shall deposit it into the Police Fire Safety Equipment Fund, and the remaining amount of the assessment shall be credited to the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason.
Allocations from the Police Fire Safety Equipment Fund shall be made to the Executive Office of Public Safety and Security, which shall administer the distribution of said funds to the Massachusetts State Police and police departments in each municipality of the commonwealth on an annual basis. Monies shall be distributed based on the projected number of new police cruisers expected to be purchased by each state or municipal police department, as demonstrated by each agency’s operating budget for that fiscal year. 
Fees paid by an individual into the Police Fire Safety Equipment Fund pursuant to this section shall be in addition to, and not in lieu of, any other fee imposed by the court pursuant to this chapter or any other chapter. The administrative office of the trial court shall file a report detailing the amount of funds imposed and collected pursuant to this section to the house and senate committees on ways and means and to the victim and witness assistance board not later than August 15 of each calendar year.

EPS 463

BARNSTABLE SHERIFF

Mr. Timilty moved that the bill be amended, in section 2, in item 8910-8200, by striking the figure “$20,810,275” and inserting in place thereof the figure:-

            “$22,852,917”

EPS 464

BRISTOL COUNTY SHERIFF 2

Mr. Timilty moved that the bill be amended, in section 2, in item 8910-8310, by striking out the figure “$6,500,000” and inserting in place thereof the following figure:-

            “$7,500,000”

EPS 465

DEPARTMENT OF CORRECTIONS

Mr. Timilty moved that the bill be amended, in section 2, in item 8900-0001, by striking the figure “$500,247,571” and inserting in place thereof the figure:-

            “$512,926,029”

EPS 466

DOC MITIGATION

Mr. Timilty moved that the bill be amended, in section 2, in item 8900-0001, by inserting at the end thereof the following:-

“provided further, that the department shall expend not less than $375,000 to the municipality hosting the facility at Cedar Junction;”

And by striking the figure “$500,247,571” and inserting in place thereof the following figure:-

            “$500,622,571”

EPS 467

WITHDRAWN

EPS 468

SHERIFFS ASSOCIATION

Mr. Timilty moved that the bill be amended, in section 2, in item 8910-7100, by striking the item in its entirety and inserting in place thereof the following:

8910-7100 For the Massachusetts Sheriffs Association which may expend for its operation an amount not to exceed $344,790 in revenue collected from voluntary contributions from all sheriffs; provided, that the sheriffs shall appoint persons to serve as executive director, assistant executive director and research director and other staff positions as necessary for the purpose of coordination and standardization of services and programs, the collection and analysis of data related to incarceration and recidivism and generation of reports, technical assistance and training to ensure standardization in organization, operations, and procedures; provided further, that this staff shall not be subject to section 45 of chapter 30 of the General Laws or chapter 31 of the General Laws and shall serve at the will and pleasure of a majority of sheriffs; provided further, that the executive director of the association shall submit a report that shows the amounts of all grants awarded to each sheriff in fiscal year 2010; and provided further, that the report shall be submitted to the house and senate committees on ways and means not later than February 1, 2011 ............................ $344,790

Redraft EPS 469

CAREER INCENTIVE COMMISSION

Mr. Timilty moved that the bill be amended in section 143, after the words “Massachusetts Police Association”, by inserting the following:-
“; the President of the State Police Association of Massachusetts or his designee”

EPS 470

FUEL EFFICIENCY TECHNOLOGY

Mr. Timilty moved that the bill be amended, in section 2, in item 8100-0000, by inserting at the end thereof the following:-

; provided, that the department shall conduct a pilot program that shall utilize idle reduction technology that reduces fuel consumption and emissions in no less than 100 patrol cruisers for the purposes of evaluating the potential to reduce fuel consumption throughout the fleet; provided further, that the department shall report on the results of said program to the senate committee on ways and means and house committee on ways and means no later than June 30, 2011.

EPS 471

VEHICLE INVENTORY

Mr. Timilty moved that the bill be amended by inserting at the end thereof the following new sections:-

Section XX. The secretary of the executive office of public safety and security shall conduct an audit and inventory of the Commonwealth’s public safety vehicles and equipment, including but not limited to those in possession of the department of the state police, sheriff’s offices, department of corrections, Massachusetts Bay Transportation Authority police department, and any law enforcement council incorporated or formed under the authority of any general or special law. Said audit and inventory shall detail the type, age and use of the vehicles and equipment, whether similar vehicles and equipment are owned by multiple departments or underutilized by one department whereby the sharing of underutilized vehicles and equipment may be suitable for realizing cost savings, and any other such information as the secretary deems pertinent; provided further, that the secretary shall report the findings to the clerk of senate and house of representatives, the senate and house chair of the committee on ways and means, and the senate and house chair of the joint committee on public safety and homeland security no later than January 1, 2011.

EPS 472

STATE POLICE OPERATING ACCOUNT

Mr. Timilty moved that the bill be amended, in section 2, in item 8100-0000, by striking out the figure “$231,094,657” and inserting in place thereof the following:-

            “$234,763,845”

EPS 473

STATE POLICE RECRUIT CLASS

Mr. Timilty moved that the bill be amended, in section 2, by inserting after item 8100-0101 the following item:-

“8100-0515. For the training and related costs of additional state police recruit training troops…………………………$4,320,000.”

EPS 474

BRISTOL COUNTY SHERIFF 1

Mr. Timilty moved that the bill be amended, in section 2, in item 8910-8300, by striking out the figure “$26,711,207” and inserting in place thereof the following figure:-

            “$27,256,334”

EPS 475

BARNSTABLE SHERIFF II

Mr. Timilty moved that the bill be amended, in section 2, in item 8910-8200, by striking the figure “$20,810,275” and inserting in place thereof the figure:-

            “$21,311,972”

EPS 476

POLICE CAREER INCENTIVES

Mr. Hart moved that the bill be amended, in section 2, in item 8000-0040, by striking out the figure “$5,000,000” and inserting in place thereof the figure “$10,000,000.”

EPS 477

DEPARTMENT OF CORRECTIONS

Mr. Ross moved that the bill be amended, in section 2, in item 8900 – 0001, by adding the following: “provided further, that the department shall expend no less than 192,000 provided for in Chapter 61 of the Acts of 2007 to the municipality hosting the facility at Bay State Correctional Center.”

EPS 478

POINT OF SALE COLLECTION OF E-911 FEES

Ms. Menard moved that the bill be amended by inserting, after Section_______, the following new section:-

            “SECTION __.   Section 18H of chapter 6A of the General Laws, as amended by section 8 of chapter 223 of the Acts of 2008, is hereby further amended by striking out the first sentence in subsection (d) and inserting in place thereof the following:--

(d) Each communication service provider shall remit the surcharge revenues collected from its subscribers or end users to the state treasurer for deposit in the Enhanced 911 Fund;  provided however that the department shall promulgate regulations establishing collection of the surcharge on prepaid wireless services from consumers at the retail point of sale and that the surcharge on prepaid wireless services shall be remitted by the retailer of the prepaid wireless services to the department of revenue; and provided further that the department of revenue shall promulgate regulations for collection, remittance, audits, and enforcement of the collection and remittance of the surcharge on prepaid wireless services consistent with the tax imposed under chapter 64H of  the General Laws, and provided further that the department of revenue may retain, from the retail point of sale surcharge funds remitted under this provision during the first 12 months after implementation, an amount not to exceed the lesser of 3% or programming and other administrative costs to implement the retail point of sale surcharge .

SECTION 2.   Said chapter 223 is hereby further amended by striking out section 19 and inserting in place thereof the following section:--

Section 19. The regulations required to be adopted under subsections (a) and (d) of section 18H of chapter 6A of the General Laws by the state 911 department and the department of revenue shall take effect on January 1, 2011, and the retailers of prepaid wireless service shall be subject to said section 18H of said chapter 6A, except for subsection (g) of said section 18H of said chapter 6A on and after January 1, 2011. Subsection (g) of said section 18H of said chapter 6A shall take effect on the effective date of this act.”      

EPS 479

WITHDRAWN

EPS 480

RANDOLPH YOUTH VIOLENCE UNIT

Mr. Joyce moved that the bill be amended, in section 2, in item 8000-0000, by inserting the following: - “, provided further, that funds shall be expended for the continuation of a youth violence and street crimes unit pursuant to item 8000-0000 of section 2 of chapter 182, of the acts of 2008.”

EPS 481

DRIVING WITHOUT A LICENSE OR REGISTRATION

Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-

“SECTION __. Section 20 of chapter 90 of the General Laws, as appearing in the 2004 official edition, is hereby amended in line 10 by striking out the words “of not less than one hundred nor more than two hundred dollars” and inserting in place thereof the following words:-

“of five hundred dollars for a first offense, by a fine of not less than five hundred nor more than one thousand dollars or by imprisonment for not more than ten days, or both, for a second offense, by a fine of not less than one thousand nor more than two thousand dollars or by imprisonment for not more than thirty days, or both, for any subsequent offense.”

EPS 482

WITHDRAWN

EPS 483

WITHDRAWN

EPS 484

SERVICES FOR MOTHERS IN PRISON AND REENTERING THE COMMUNITY AND FOR THEIR CHILDREN

Ms. Chang-Díaz and Ms. Spilka moved that the bill be amended, in section 2, in item 8900-0001, by inserting, after the words “all prisoners confined in each prison operated by the department,” the following words:- “; provided further, that funds shall be expended for programs providing support, counseling, and family reunification services to women in prison and women reentering the community from prison”

EPS 485

FRANKLIN SHERIFF

Mr. Rosenberg moved that the bill be amended, in section 2, in item 8910-0188, by striking out the word “federal” and inserting in place thereof the following:-

“any state or federal”.

EPS 486

HAMPSHIRE SHERIFF

Mr. Rosenberg moved that the bill be amended, in section 2, in item 8910-1112, by striking out the figure “$175,000” and inserting in place thereof the following:-

“$250,000”.

Redraft EPS 487

INMATE FEES

Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Sections:-
“SECTION XX. Chapter 127 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting, after section 48A, the following section:-
‘Section 48B. The sheriffs for the various counties may institute a schedule of fees and assess said fees to inmates in their custody as follows:- A daily cost of custodial care fee not to exceed $5; A medical sick call visit fee not related to a condition pre-existing at the time of incarceration not to exceed $5; A dental sick call visit fee not to exceed $5; A pair of prescription eyeglasses fee not to exceed $5; A pharmacy prescription fee not to exceed $3 per prescription. Any penal facility assessing fees shall establish a procedure for inmates to appeal any such assessment. Notwithstanding the above, the following services shall be exempt from fee assessment: admission health screening, 14 day health assessment, emergency health care, hospitalization or infirmary care, prenatal care, lab and diagnostic care, follow-up visits approved by health services, contagious disease care and chronic disease care. No inmate shall be denied access to medical or dental care because of an inability to pay any fee. Indigent inmates shall have the above fees and costs assessed and debited against the inmate’s money account which, if not paid, shall remain due and payable as a charge to the inmate after his release from custody. If the inmate is not incarcerated within 2 years of his release from custody, this debt shall be forgiven. This section shall not apply to federal inmates, detainees, regional lock-up inmates, or anyone who has not been convicted for the crime for which the inmate is incarcerated. The commissioner and the sheriffs of the various counties shall promulgate rules and regulations for the implementation of this section’.
SECTION XXX. The sheriffs for the various counties shall prepare a report detailing all revenue generated by and the cost-effectiveness of the inmate assessment program authorized by section 48B of chapter 127 of the general laws; provided, that this report shall be delivered to the Executive Office of Administration and Finance and the House and Senate Committees on Ways and Means not less than 6 months after the passage of this act, and each 12 months thereafter for a period of five years following the passage of this act”.

EPS 488

LAW ENFORCEMENT DATA-SHARING

Mr. Tarr moved that the bill be amended, in section 2, in item 8000-0000, by inserting after the words “acts of 2000” the following:- “; provided, that the secretary shall, to the fullest extent consistent with the duties of the office, prioritize the development and implementation of a real-time data sharing system between federal, state, and municipal law enforcement to facilitate in interdepartmental cooperation and assistance”.

EPS489

MILITARY DIVISION

Mr. Donnelly moved that the bill be amended, in Section 2, in item 8700-0001, by striking out the figure “7,779,239” and inserting in place thereof the following figure:- “8,387,431”.

EPS 490

MUNICIPAL FINGER PRINTING

Messrs. Timilty and Tarr moved that the bill be amended by inserting at the end thereof the following new section:-

“SECTION XX. Chapter 6 of the General Laws, as so appearing in the 2006 Official Edition, is hereby amended by inserting at the end of section 172B the following new section:—
Section 172B½. Municipalities in the Commonwealth may, by local ordinance, require applicants for licenses in specified occupations to submit a full set of fingerprints for the purpose of conducting a state and national criminal history records check pursuant to Sections 168 and 172 of Chapter 6 of the General Laws and 28 U.S.C. §534. Fingerprint submissions hereunder are authorized to be submitted by the licensing authority to the State Police Identification Unit through the Criminal History Systems Board for a state criminal records check and to the Federal Bureau of Investigation for a national criminal records check.
Municipalities may by local ordinance establish the appropriate fee charged to applicants for administering such a fingerprinting system. For purposes pursuant to Section 2LLL of Chapter 29 of the General Laws, $30 of said fee shall be deposited into the Firearms Fingerprint Identity Verification Trust Fund; and the remainder of said fee may be retained by the licensing authority for costs associated with the administration of the system.”

EPS 491

UNIFORM POLICE IDENTIFICATION

Messrs. Timilty and Tarr moved that the bill be amended by inserting at the end thereof the following new section:

SECTION XX. (a) Chapter 41, section 98D of the General Laws is hereby amended by striking the current section and inserting in place thereof the following section:

Each city or town, and the Massachusetts Bay Transportation Authority Transit Police Department, shall issue to every full time police officer employed by it an identification card bearing the officer’s photograph and identity. The secretary of public safety shall have the authority to promulgate regulations relative to the issuance of identification cards to police officers.  Such card shall be carried on the officer’s person, and shall be exhibited upon lawful request for purposes of identification.

(b) Chapter 22C, section 19 of the General Laws is hereby amended by inserting after the first sentence the following sentence:

The secretary of public safety shall have the authority to promulgate regulations relative to the issuance of identification cards to state police officers.

EPS 492

NORTH DORCHESTER SAFE NEIGHBORHOOD INITIATIVE

Mr. Hart moved that the bill be amended, in section 2, in item 0340-0100 by inserting after the figure “$37,500” the following words:-

“; provided further, that not more than$125,000 shall be expended for a North Dorchester Safe Neighborhood Initiative in Suffolk County”

EPS 493

PROCESS PIPING

Messrs. Morrissey and Michael O. Moore moved that the bill be amended by adding at the end thereof the following 2 new sections:-

SECTION XX. The eleventh paragraph of section 81 of chapter 146 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the words “pumping equipment” the following:- , vacuum and pneumatic systems, oil and petroleum products, ice making machinery, air conditioning equipment, and piping systems used for the conveyance and storage of liquids and industrial type gases used in processes, including, but not limited to, biopharmacuetical and semi-conductor manufacturing; provided, however, that such work shall not include the work performed by a licensed plumber as determined by the laws and regulations relating to that profession; and provided further, that nothing in this section shall be construed to supercede chapter 142 "

SECTION XX. Section 89 of said chapter 146 is hereby further amended by inserting at the end thereof the following:

            Whoever prevents or attempts to prevent any inspector from entering on any premises in the discharge of his duty with respect to section eight-one shall be punished by a fine of not less than two hundred and fifty dollars and not more than three thousand dollars, or by imprisonment for not more than three months, or both such fine and imprisonment.

             Any person who permits an unlicensed person to operate engage in pipefitting, as defined in section 81, shall be subject to a fine of not less than 1,000 dollars and not more than 3,000 dollars, or by imprisonment for not more than 3 months, or both such fine and imprisonment.

EPS 494

WITHDRAWN

EPS 495

QUINN FUNDING

Mr. Morrissey moved that the bill be amended, in section 2, in item 8000-0040, by striking out the figure “$5,000,000” and inserting in place thereof the following:- “$50,000,000”

EPS 496

PRISON MITIGATION FUNDING

Ms. Flanagan, Ms. Spilka and Messrs. M. Moore and Eldridge moved that the bill be amended, in section 2, in item 8900-0001, by inserting the following: “; provided further, that the department shall expend not less than $500,000 for cities and towns hosting facilities;”

EPS 497

SECURITY SYSTEM EMPLOYEES

Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:-

“SECTION XX. Section 60 of chapter 147 of the general laws is hereby amended by inserting after the words ‘employed by any licensee’ the following words:- ‘to install or monitor the security systems’.

EPS 498

Sex Offender Registry

Mr. Kennedy and Ms. Fargo moved that the bill be amended, in section 2, in item 8000-0125, by striking out the figure “$3,492,440” and inserting in place thereof the figure “3,833,658”.

EPS 499

ELEVATOR INSPECTION BACKLOG

Mr. Rosenberg moved that the bill be amended, in section 2, in item 8315-1020, by inserting after the words “elevator inspection backlog;” the following:-

“provided further, that funds shall be expended for hiring additional elevator inspectors or engineers; provided further, that the department shall conduct an analysis to improve efficiency in use of department resources and shall report the findings of said analysis to the house and senate committees on ways and means and the joint committee on public safety no later than 90 days of the enactment of this section.”

and in said item, by striking the figure “$4,000,000” and inserting in place thereof the figure “5,500,000”

EPS 500

DIRECT PATROLS

Mr. Hart moved that the bill be amended, in section 2, in item 8100-0000, by inserting after the words “that office” the following:-

“; provided further, that any community that was selected to receive earmarked funds for directed patrols in fiscal year 2009 shall receive 100 per cent of the amount so earmarked in fiscal year 2011”

EPS 501

IGNITION INTERLOCK DEVICES

Mr. Hedlund moved that the bill be amended by inserting, after Section __, the following new Section:-

SECTION __: Paragraph c of Subsection 1 of Section 24 of Chapter 90 of the General Laws is hereby amended by striking out subparagraph 1, as appearing in the 2006 Official Edition, and inserting in place thereof the following subparagraph:-

(c) (1). Where the license or right to operate has been revoked under section twenty-four D or twenty-four E, or revoked under paragraph (b) and such person has not been convicted of a like offense or has not been assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction preceding the date of the commission of the offense for which he has been convicted, the registrar shall not restore the license or reinstate the right to operate to such person unless the prosecution of such person has been terminated in favor of the defendant, until one year after the date of conviction; provided, however, that such person may, after the expiration of three months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or educational purposes, which license shall be effective for not more than an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control, and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of six months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary.  A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license.

SECTION 2. Chapter 90 of the General Laws is hereby amended by striking out section 241/2, as appearing in the 2006 Official Edition, and inserting in place thereof the following section:-

241/2.  No person whose license has been suspended in the commonwealth or any other jurisdiction by reason of: an assignment to an alcohol or controlled substance education, treatment or rehabilitation program; or a conviction for violating paragraph (a) of subdivision (1) of section 24, subsection (a) of section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in violation of subsection (b) of said section 24G, section 24L, section 13 1/2 of chapter 265, subsection (a) of section 8 of chapter 90B, section 8A or 8B of chapter 90B or, in the case of another jurisdiction, for any like offense, shall be issued a new license or right to operate or have his license or right to operate restored unless a certified ignition interlock device has been installed on each vehicle owned, each vehicle leased and each vehicle operated by that person as a precondition to the issuance of a new license or right to operate or the restoration of such person’s license or right to operate. A certified ignition interlock device shall be installed on all vehicles owned, leased and operated by the licensee for a period of 6 months if he has not previously been assigned or convicted, and for a period of 2 years if he has previously been so assigned or convicted and person restricted by a certified ignition interlock device shall have such device inspected, maintained and monitored in accordance with such regulations as the registrar shall promulgate. The registrar may, after hearing, revoke for an extended period or for life, the license of whoever removes such device or fails to have it inspected, maintained or monitored on at least 2 occasions during the period of the restricted license or right to operate if the licensee has operated or attempted to operate a vehicle with a blood alcohol level that caused the certified ignition interlock device to prohibit a vehicle from starting on at least 2 occasions or that recorded a blood alcohol level in excess of.02 on at least 2 occasions. A person aggrieved by a decision of the registrar pursuant to this section may file an appeal in the superior court of the trial court department. If the court determines that the registrar abused his discretion, the court may vacate the suspension or revocation of a license or right to operate or reduce the period of suspension or revocation as ordered by the registrar.

SECTION 3. Section 24(D) of Chapter 90 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the fourth paragraph the following paragraph:-

A mandatory restriction on a hardship license granted by the registrar under this section shall be that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license.

EPS 502

X-REGISTRATIONS

Mr. Hedlund moved that the bill be amended by inserting, after Section __, the following new Section:-

SECTION __: The first paragraph of section 2 of chapter 90 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the second and third sentences and inserting in place thereof the following 3 sentences:- If the owner is a corporation or business entity the application shall contain the name of the corporation or business entity, the full address, including the street, city or town, state and zip code, the federal tax identification number if a corporation and the social security number if the business entity is a sole  proprietorship and does not have a federal tax identification number. If an applicant is a natural person, the application shall contain his name, full residential address, date of birth, his license number or identification card number as issued by the registrar and such other particulars as the registrar may require. Except as otherwise provided in this chapter or in regulations adopted by the registrar, no registration shall be issued for a motor vehicle or trailer owned or leased by a natural person unless 1 of its registering owners or lessees holds a valid license or identification card issued by the registrar. The registrar may provide for, through regulations, exemptions for out-of-state students, military personnel, senior citizens and the disabled.

SECTION 2. Said section 2 of said chapter 90, as so appearing, is hereby further amended by inserting after the word “statement” in line 13, the following word:- signed.

SECTION 3. Said section 2 of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 21 to 23, the words “register in a book or upon suitable index cards to be kept for the purpose the motor vehicle or trailer described in the application, giving to the vehicle” and inserting in place thereof the following:- keep a record of motor vehicles and trailers that satisfy the application requirements, assign to each motor vehicle and trailer. 

SECTION 4. Said Section 34B is hereby amended by inserting the following after line 34: - Any person who transfers, alters, defaces, uses or carries any such card or license or uses the identification card or motor vehicle license of another, or furnishes false information in obtaining such card or license, shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars. Each subsequent violation of this Section shall be punishable as a misdemeanor and by a fine of not more than one thousand dollars or imprisonment for not more than three months, or both. Any person who makes, sells or distributes a false identification card shall be guilty of a felony and shall be punished by a fine of not more than five thousand dollars or imprisonment for not more than five years, or both. 

SECTION 5. Section 20 of chapter 90 of the General Laws, as appearing in the 2004 official edition, is hereby amended in line 10 by striking the words “of not less than one hundred nor more than two hundred dollars” and further amended by inserting in place thereof the following: by a fine of not less than five hundred dollars for a first offense, by a fine of not less than five hundred nor more than one thousand dollars or by imprisonment for not more than ten days, or both, for a second offense, by a fine of not less than one thousand nor more than two thousand dollars or by imprisonment for not more than thirty days, or both, for any subsequent offense.

EPS 503

MOBILE DEVICE RESTRICTIONS

Mr. Montigny moved that the bill be amended by inserting at the end thereof the following sections:-

SECTION_____.  Section 1 of said chapter 90, as appearing in the  2008 Official edition , is hereby amended by inserting after the definition of “Mobile construction crane” the following 2 definitions:-

“Mobile electronic device”, any hand-held or portable electronic equipment capable of providing data communication between 2 or more persons including, without limitation, a mobile telephone, a text messaging device, a paging device, a personal digital assistant, a laptop computer, electronic equipment that is capable of playing a video game or digital video disk or equipment on which digital photographs are taken or transmitted, or any combination thereof, or equipment that is capable of visually receiving a television broadcast; provided, however, that mobile electronic device shall not include any audio equipment or any equipment installed or affixed, either temporarily or permanently, in a motor vehicle for the purpose of providing navigation or emergency assistance to the operator of such motor vehicle or video entertainment to the passengers in the rear seats of such motor vehicle.

“Mobile telephone”, a cellular, analog, wireless, satellite or digital telephone, including a mobile telephone with two-way radio functionality, capable of sending or receiving telephone communications and with which a user initiates, terminates or engages in a call using at least hand.

“SECTION _____.  Chapter 90 of the General Laws is hereby amended by inserting after section 12 the following section:-

Section 12A.  (a)  Notwithstanding the provisions of section 13 to the contrary, no operator of a vehicle or vessel: (1) used in public transportation including a train, passenger bus, school bus or other vehicle used to transport pupils, taxi, passenger ferry boat, water shuttle or other equipment used in public transportation owned by, or operated under the authority of, the Massachusetts Bay Transportation Authority, the Woods Hole, Martha's Vineyard & Nantucket Steamship Authority, Massachusetts Port Authority; the executive office of transportation; or (2) open to the public and owned by, or operated under the authority of, any business, including tour vehicles or vessels, enclosed ski lifts or trams and passenger buses or vans regularly used to transport customers shall use a mobile device while operating such vehicle or vessel; provided, however, that use of any such mobile device solely to access a global positioning system shall not be prohibited.   Whoever violates this section shall be punished by a fine of $500 and such violation shall be a moving violation for purposes of the safe driver insurance plan under section 113B of chapter 175.

 (c) This section shall not apply to an operator of a private vehicle or vessel which during such operation is not open to the public or not being used for the transportation of the public, including the private charter or rental of a limousine, bus or van or the private charter or rental of a boat or other vessel.

(d) This section shall not apply to persons employed in providing emergency medical services, in the lawful course of their duties.

(e) It shall be an affirmative defense for a person charged with a violation of this section that such violation was committed for the sole purpose of seeking emergency assistance.

SECTION_____.  Chapter 90 is hereby further amended by inserting after section 13A the following section:-

Section 13B. (a) No operator of a motor vehicle shall use a mobile electronic device or a mobile telephone, unless said telephone is a hands-free mobile telephone. No operator of a motor vehicle shall use a mobile telephone, mobile electronic device or other device capable of accessing the internet to compose, send or read an electronic message while operating such vehicle; provided, however, that this section shall not apply to the operator of a public safety vehicle utilizing a mobile telephone, hands-free mobile telephone or other mobile electronic device in the performance of his official duties. For the purposes of this section, an operator shall not be considered to be operating a motor vehicle if the vehicle is stationary and not located in a part of the roadway intended for travel.

(b) Whoever violates this section shall be punished by a fine of $100 for a first offense, by a fine of $250 for a second offense and by a fine of $500 for a third or subsequent offense. A violation of this section may be considered a moving violation for purposes of the safe driver insurance plan under section 113B of chapter 175.

(c) It shall be an affirmative defense for an operator to produce documentary or other evidence that the use of a mobile telephone or other mobile electronic device that is the basis of the alleged violation was made for emergency purposes including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department or other emergency services agency or entity.

Redraft EPS 504

DEPARTMENT OF COMMUNITY SUPERVISION

Ms. Chang-Díaz moved that the bill be amended by inserting the following item:-
8940-0100       For the operation of the department of community supervision; provided, that for the effective implementation of “An Act Reforming Community Supervision of Criminal Defendants and Offenders by Establishing the Department of Community Supervision within the Executive Office of Public Safety and Security,” the secretary of administration and finance may authorize the transfer of funds between this item and items 8900-0001 and 8950-0001 as necessary to achieve the purposes of the act; provided further, that no transfer authorized by this section shall exceed 5 percent of the amount appropriated for this item; and provided further, that the transfer may be made only with the written approval of the heads of the sending and receiving agencies and of the secretary of public safety and security….$144,290,207;
And by striking out item 0339-1001;
And by striking out item 0339-1003.

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