By Mr. Coughlin of Dedham, petition (accompanied by bill, House, No. 2298) of Robert K. Coughlin and Bruce E. Tarr relative to establishing a missing child and adults trust fund.  Public Safety and Homeland Security.

 

The Commonwealth of Massachusetts

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PETITION OF:

 


Robert K. Coughlin

Bruce E. Tarr

 

 


 

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In the Year Two Thousand and Seven.

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 An Act relative to the improvement in the Commonwealth's capability to locate and identify missing children and adults.

 

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


 

SECTION 1. (a) There is hereby created a body politic and corporate and a public instrumentality to be known as the Massachusetts Missing Child and Adults Trust Fund, which shall be an independent public authority not subject to the supervision and control of any other executive office, department, commission, board, bureau, agency or political subdivision of the commonwealth except as specifically provided in any general or special law. The exercise by the authority of the powers conferred by this chapter shall be considered to be the performance of an essential public function.

(b)  The authority shall consist of the state treasurer, who shall serve as chairperson, one member shall be appointed by the governor, one member shall be appointed by the attorney general, one member shall be appointed by the Massachusetts Sheriffs’ Association, one member shall be appointed by the Massachusetts Chiefs of Police, two members shall be appointed by the Senate President, one of whom shall be involved with missing children or missing adults, and, two members shall be appointed by the Speaker of the House of Representatives, one of whom shall be involved with missing children or missing adults; each of whom shall serve a term of 2 years; but, a person appointed to fill a vacancy shall serve only for the unexpired term. An appointed member of the authority shall be eligible for reappointment. The authority shall annually elect one of its members to serve as vice-chairperson.

(c) Five (5) members of the authority shall constitute a quorum, and the affirmative vote of 5 members of the authority shall be necessary and sufficient for any action taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and duties of the authority. Members shall serve without pay but shall be reimbursed for actual expenses necessarily incurred in the performance of their duties. The chairperson of the authority shall report to the governor and to the General Court no less than annually, to assist the executive and legislative branches in coordinating educational, community development and fiscal policies of the commonwealth.

(d) Any action of the authority may take effect immediately and need not be published or posted unless otherwise provided by law.  Meetings of the authority shall be subject to section 11A 1/2 of chapter 30A; but, said section 11A 1/2 shall not apply to any meeting of members of the authority serving ex officio in the exercise of their duties as officers of the commonwealth so long as no matters relating to the official business of the authority are discussed and decided at the meeting. The authority shall be subject to all other provisions of said chapter 30A.  The operations of the authority shall be subject to all other operational or administrative standards or requirements to the same extent as the office of the state treasurer.

SECTION 2.  The authority, under the direction of the state treasurer, shall at all times keep accounts of all receipts, expenditures and disbursements and all assets and liabilities of the authority, which shall be open to inspection by any officer or duly appointed agent of the commonwealth. The authority shall submit an annual report, in writing, to the governor and the clerks of the house of representatives and the senate, who shall forward the same to the president of the senate, the speaker of the house of representatives, the chairpersons of the house and senate committees on ways and means and the house and senate chairpersons of the respective committees on public safety. The report shall include financial statements relating to the operations, assets and expenditures of the authority maintained in accordance with generally accepted accounting principles so far as applicable and audited by an independent certified public accountant firm.

SECTION 3.  Expenditures from said fund shall be subject to appropriation. An appropriation of $2,200,000.00 shall be made for fiscal year 2008.  The purpose of said fund shall be to provide financial support to the commonwealth’s law enforcement agencies, departments, and offices to improve their respective capabilities to locate and identify missing children and adults. Notwithstanding the provisions of any general or special law to the contrary, said treasurer shall make available from said fund $150,000 in fiscal year 2006, as a grant to the Berkshire County Sheriff’s Office for its participation in Nation’s Missing Children Organization and National Center for Missing Adults iris biometric system known as The Child Project; $150,000 as a grant to the Franklin County Sheriff’s Office for its participation in Nation’s Missing Children Organization and National Center for Missing Adults iris biometric system known as The Child Project; $150,000 as a grant to the Hampshire County Sheriff’s Office for its participation in Nation’s Missing Children Organization and National Center for Missing Adults iris biometric system known as The Child Project; $150,000 as a grant to the Hampden County Sheriff’s Office for its participation in Nation’s Missing Children Organization and National Center for Missing Adults iris biometric system known as The Child Project; $150,000 as a grant to the Worcester County Sheriff’s Office for its participation in Nation’s Missing Children Organization and National Center for Missing Adults iris biometric system known as The Child Project; $150,000 as a grant to the Middlesex County Sheriff’s Office for its participation in Nation’s Missing Children Organization and National Center for Missing Adults iris biometric system known as The Child Project; $150,000 as a grant to the Essex County Sheriff’s Office for its participation in Nation’s Missing Children Organization and National Center for Missing Adults iris biometric system known as The Child Project; $150,000 as a grant to the Suffolk County Sheriff’s Office for its participation in Nation’s Missing Children Organization and National Center for Missing Adults iris biometric system known as The Child Project;  $150,000 as a grant to the Norfolk County Sheriff’s Office for its participation in Nation’s Missing Children Organization and National Center for Missing Adults iris biometric system known as The Child Project; $150,000 as a grant to the Middlesex County Sheriff’s Office for its participation in Nation’s Missing Children Organization and National Center for Missing Adults iris biometric system known as The Child Project; $150,000 as a grant to the Plymouth County Sheriff’s Office for its participation in Nation’s Missing Children Organization and National Center for Missing Adults iris biometric system known as The Child Project; $150,000 as a grant to the Bristol County Sheriff’s Office for its participation in Nation’s Missing Children Organization and National Center for Missing Adults iris biometric system known as The Child Project; $150,000 as a grant to the Barnstable County Sheriff’s Office for its participation in Nation’s Missing Children Organization and National Center for Missing Adults iris biometric system known as The Child Project; $150,000 as a grant to the Dukes County Sheriff’s Office for its participation in Nation’s Missing Children Organization and National Center for Missing Adults iris biometric system known as The Child Project; and, $50,000 as a grant to the Nantucket County Sheriff’s Office for its participation in Nation’s Missing Children Organization and National Center for Missing Adults iris biometric system known as The Child Project. 

SECTION 4.  The authority shall file a report not later than January 1, 2008, to the Speaker of the House of Representatives, the President of the Senate, the House and Senate committees on ways and means, and the respective House and Senate committee on public safety, a report delineating any and all initiatives or proposals recommended to be funded, the amount recommended to be expended on each such initiative; the names of each entity recommended to receive funds pursuant to this section and the extent to which such expenditures are eligible for federal reimbursement; provided further, that any federal reimbursements received by the commonwealth for expenditures made from the fund shall be deposited into the fund.