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Legislative
Senate To Begin Budget Debate May 21,2008
Tuesday, May 20, 2008
The Senate will begin budget debate on Wednesday 5/21. The preliminary numbers differ in some areas from the House. Below is the message from Ways and Means as to their thought process. This is followed by a list of Amendments filed. Their fate will be decided this week
Public Safety~
The safety of Massachusetts’ residents is paramount. Within these recommendations, the Committee continues the Senate’s commitment to the security of the Commonwealth, its communities, and its people.
In order to address the growing threat of gang violence, the Committee has included the Shannon Grant Program for the first time within the operating budget. The Shannon Grant Program, for which $13 million is recommended, includes workshops on job skill development and outreach programs for at-risk youth.
To continue to aid our cities and towns with public safety, the Committee maintains $21.3 million in funding for the Community Policing Grants and fully funds the Student Awareness of Fire Education (SAFE) program. The recommendations also include a $20.5 million increase for the 14 Sheriffs’ Departments and a total increase of $4.8 million for the 11 District Attorneys’ Offices.
In an effort to retain Assistant District Attorneys with three or more years of experience, the Committee includes $500,000 that will be administered by the Massachusetts Districts Attorneys’ Association.
The recommendations provide a $1.4 million increase for the Department of Public Safety to increase the number of building and construction safety inspectors and hearings officers, which will reduce the backlog and long wait-periods for licenses, license renewals and complaints. This expansion is expected to generate $3.4 million in revenue.
EPS 569
BERKSHIRE SHERIFF - REGIONAL COMMUNICATIONS
Mr. Downing moved that the bill be amended, in Section 2, in item 8910-0445, by striking out the figure “$200,000” and inserting in place thereof the figure:- “$250,000”
EPS 570
BERKSHIRE SHERIFF - RETAINED REVENUE LANGUAGE
Mr. Downing moved that the bill be amended, in Section 2, in item 8910-0446, by striking out the following: “the City of Pittsfield public school system” and inserting in its place thereof the following: “Berkshire County public school systems”
EPS 571
SUMMER CAMP CORI REGULATIONS
Messrs. Downing and O'Leary moved that the bill be amended, in Section 2, in item 8311-1000, by inserting the following: “provided further that notwithstanding chapter 385 of the Acts of 2002 or any general or special laws or regulations to the contrary, camps for children and public or accredited private elementary and secondary schools are hereby authorized to disseminate information obtained under said chapter to the department of public safety and to climbing wall and challenge course programs operated by or within the camp or school”
EPS 572
CORI REFORM
Ms. Wilkerson moved that the bill be amended, in Section 2, in item 8000-0110, by striking out the words” “(c) limit the distribution of criminal offender record information to conviction data and data regarding any pending criminal charge, except as otherwise authorized by law; and (d) require that any entity other than a criminal justice agency that receives a criminal offender record information report from the board as to an individual and, as a result of that report, is inclined to make an adverse decision as to the individual, shall, before making a final decision, afford the individual an opportunity to dispute the accuracy and relevance of the criminal offender record information report.” and inserting in place thereof the following words: and (c) limit, notwithstanding clause (c) in the first paragraph of section 172, chapter 6, of the Massachusetts General Laws, the distribution of criminal offender record information to conviction data and data regarding any pending criminal charge, except as otherwise specifically granted by a separate statute relating to a particular agency, entity or class of entities; provided further, that not later than January 1, 2009, the board shall file a report with the house and senate committees on ways and means detailing the steps the board has taken to implement the preceding proviso and the success of those steps in improving the accuracy of the criminal offender record information system.”
EPS 573
TICKET EQUITY
Mr. Knapik moved that the bill be amended by inserting after Section 90, the following new Section:-
“SECTION 91. The Executive Office of Public Safety along with the Massachusetts State Police shall conduct a study of ticketing practices on all Massachusetts State Highways encompassing the time period between July 2007 and July 2008. Said study shall include but not be limited to: number of tickets issued by the Massachusetts State Police on Routes 93, 95/128, 495, and 91, daily and annually; number of officers on said highway at one time; ratio of tickets per mile issued on said highway; rate of tickets per mile as it relates to the amount of revenue generated from issued tickets. Said report shall be filed with the House and Senate Committees on Ways and Means.”
EPS 574
UXBRIDGE EMERGENCY SERVICES
Mr. Moore moved that the bill be amended, in Section 2, in item 7007-0900, by adding at the end thereof the following:- “provided further, that not less than $50,000 shall be provided for a public safety grant for the town of Uxbridge;” and in said item, by striking out the figure “$19,202,209” and inserting in place thereof the following figure:- “$19,252,209”.
EPS 575
HOPEDALE POLICE GRANT
Mr. Moore moved that the bill be amended, in Section 2, in item 7007-0900, by adding at the end thereof the following:- “provided further, that not less than $17,100 shall be expended for a technology grant for the Hopedale Police Department;” and in said item, by striking out the figure “$19,202,209” and inserting in place thereof the following figure:- “$19,219,814”.
EPS 576
DUDLEY PUBLIC SAFETY
Mr. Moore moved that the bill be amended, in Section 2, in item 7007-0900, by adding at the end thereof the following:- “provided further, that not less than $100,000 shall be expended for a public safety program in the town of Dudley;” and in said item, by striking out the figure “$19,202,209” and inserting in place thereof the following figure:- “$19,302,209”.
EPS 577
CRITICAL INCIDENT STRESS INTERVENTION
Mr. Tolman moved that the bill be amended, in Section 2, in item 8324-0000, by inserting after the words “caused by smoking” the following:-“provided further that not less than $100,000 shall be expended for the administration of a statewide program to provided critical incident stress intervention for the fire department of the cities, towns, and fire districts of the commonwealth including, but not limited to, consultant services, training, equipment and supplies”
EPS 578
MILITARY DIVISION
Mr. Tolman moved that the bill be amended, in Section 2, in item 8700-0001, by striking out the figure “$9,140,782” and inserting in place thereof the following figure:-“9,207,659”
EPS 579
ESSEX COUNTY RESERVE OFFICER TRAINING
Messrs. Baddour and Tarr moved that the bill be amended, in Section 2, in item 8200-0200 by inserting after the words “town of Boylston;” the following:- “provided further that not less than $25,000 shall be expended to the town of Salisbury as startup funding for the new Essex County Police Institute, a reserve officer training academy”.
EPS 580
DPS - DIVISION OF INSPECTIONS
Mr. Timilty moved that the bill be amended, in Section 2, in item 8315-1000, by striking out the figures “$5,198,285” and inserting in place thereof the figures “$5,304,305”.
EPS 581
MUNICIPAL POLICE GRANTS
Mr. Timilty moved that the bill be amended, in Section 2, in item 8000-0054, by striking out the figures “$4,000,000” and inserting in place thereof the figures “$8,000,000”.
EPS 582
PAROLE BOARD
Mr. Timilty moved that the bill be amended, in Section 2, in item 8950-0001, by striking out the figures “$18,963,004” and inserting in place thereof the figures “$20,611,578”.
EPS 583
STATE BUILDING CODE TRAINING
Mr. Timilty moved that the bill be amended, in Section 2, in item 8315-1025, by striking out the figures “$80,000” and inserting in place thereof the figures “$130,000”.
EPS 584
STATE POLICE OVERTIME
Mr. Timilty moved that the bill be amended, in Section 2, in item 8100-0007, by striking out the figures “$5,000,000” and inserting in place thereof the figures “$10,000,000”.
EPS 585
SEXUAL ASSAULT EVIDENCE KITS
Mr. Timilty moved that the bill be amended, in Section 2, in item 8000-0202, is hereby amended by striking out the following:- “provided, that no funds shall be expended in the AA object class; and”.
EPS 586
DOC MAIN ACCOUNT
Mr. Timilty moved that the bill be amended, in Section 2, in item 8900-0001, by striking out the figures “$530,386,205” and inserting in place thereof the figures “$534,773,077”.
EPS 587
DOC CORRECTIONAL INDUSTRIES
Mr. Timilty moved that the bill be amended, in Section 2, in item 8900-0011, by striking out the figures “$1,600,000” and inserting in place thereof the figures “$2,600,000”.
EPS 588
DFS - PP OBJECT CLASS
Mr. Timilty moved that the bill be amended, in Section 2, in item 8324-0000, by striking out the following words:- “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 2009 shall not be transferred to any other object class in said fiscal year;”.
EPS 589
DFS COSTS ASSESSMENT
Mr. Timilty moved that the bill be amended in Section 51, by striking out subsections (b)(2) and (b) (5) in their entirety, and inserting in place thereof the following new subsections:-
“(2) the implementation and administration of chapter 148 and chapter 304 of the Acts of 2004;
(5) capital improvements to state fire service facilities, including reimbursing the General Fund for debt service on bonds issued to pay for these capital improvements”.
EPS 590
FRANKLIN COUNTY SHERIFF
Mr. Rosenberg moved that the bill be amended, in Section 2, in item 8910-0188 by striking out the figures $1,300,000” and inserting in place thereof the figures “2,100,000”.
EPS 591
HAMPSHIRE COUNTY SHERIFF
Mr. Rosenberg moved that the bill be amended, in Section 2, in item 8910-0110 by striking out the figure “$12,890,012” and inserting in place thereof the figure “13,090,012”.
EPS 592
HAMPSHIRE COUNTY SHERIFF
Mr. Rosenberg moved that the bill be amended, in Section 2, in item 8910-1112 by striking out the figure $150,000” and inserting in place thereof the figure “250,000”.
EPS 593
HAMPSHIRE COUNTY SHERIFF
Messrs. Rosenberg and Knapik moved that the bill be amended, in Section 2, in item 8910-0110, by striking out the words “and provided further, that $225,000 shall be expended for the lease payments for modular units located at 205 Rock Hill Road in the city of Northampton;” and inserting in place thereof the following:- “and provided further, that not more than $225,000 shall be expended for the lease payments for modular units located at 205 Rock Hill Road in the city of Northampton”.
EPS 594
ON-SITE ACADEMY
Mr. Antonioni moved that the bill be amended, in Section 2, in item 8000-0000, in line 4, by striking out the words "not more than $100,000" and inserting in place thereof the following words:- "not less than $100,000".
EPS 595
An Amendment Relative to the Firefighting Equipment Grant Program
Mr. Tarr moved that the bill be amended, in Section 2, in item 8324-0000, by inserting after the words “hazardous material response teams” the following phrase:- “provided further, that that not less than $2,500,000 shall be expended for the firefighting equipment grant program for fire departments of every city, town, fire district and authority of the commonwealth to be administered by the executive office of public safety; provided further, that said grants shall be distributed to municipalities according to a formula giving equal weight to each municipality’s population; provided further, that eligible fire safety equipment under this program shall include, but is not limited to, turnout gear, hand-held power lights, communication devices, telephones, personal alert safety systems, so-called, air packs, tanks, compressors, thermal imaging devices and computerized personnel accountability systems, but shall exclude firefighter apparatus and vehicles; provided further, that grants awarded by said executive office to a municipality under said program shall not be utilized for the purpose of personnel costs unless such costs constitute 50 percent or less of the total grant award; provided further, that no grant shall be awarded to the department of fire services”;
And further, by striking out the figure “$15,548,169” and inserting in place thereof the following figure:- “$18,048,169”.
EPS 596
An Amendment Relative to Public Safety Flexibility
Mr. Tarr moved that the bill be amended, in Section 2, in item 8324-0000, by striking out the following words:-
“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 2009 shall not be transferred to any other object class in said fiscal year”.
EPS 597
ADA ACCESSIBLE FIRE STATION STUDY
Mr. Augustus moved that the bill be amended, in Section 2, in item 8324-0000, by inserting, after the words, “Commonwealth’s Hazardous Material Response Teams;” by inserting the following:-
provided further that no less than $50,000 shall be expended for a feasibility study to determine the cost of constructing a new handicapped accessible fire station in the town of Leicester
EPS 598
BLACK MEN OF GREATER SPRINGFIELD
Mr. Buoniconti and Ms. Candaras moved that the bill be amended, in Section 2, in item 8910-0001 by inserting at the end thereof the following words:-
“; and provided further that not less than $150,000 shall be expended for the Black Men of Greater Springfield, Inc.”
EPS 599
SHERIFF'S PHARMACY SERVICES
Messrs. Augustus and Moore moved that the bill be amended, in Section 2, in item 8910-0104, by striking the words, “provided further, that all pharmacy services costs shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B; and provided further, that no charge or contract shall be made with any alternate vendor to provide pharmacy services other than the state office of pharmacy services”;
and that the bill be further amended in section 2B, item 4510-0108, line 5, by striking the word “Worcester”;
and that the bill be further amended in section 2B, item 4510-0108, line 10, by striking the word “Worcester”.
EPS 600
HAMPDEN COUNTY SHERIFF
Messrs. Buoniconti, Knapik and Ms. Candaras moved that the bill be amended, in Section 2, in item 8910-0102, by striking out the figure “$73,973,122” and inserting in place thereof the figure “$74,534,643”.
EPS 601
STATE POLICE RETAINED REVENUE
Mr. Timilty moved that the bill be amended, in Section 2b, in item 8100-0002, by striking out the figures “$6,481,181” and inserting in place thereof the figures “$6,567,381”.
EPS 602
MIXED MARTIAL ARTS
Messrs. Timilty, Augustus, Petruccelli, and Ms. Menard move that the bill be amended by inserting the following new section:-
SECTION XX
SECTION 1. Section 12 of Chapter 22 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the entire section and inserting in place thereof the following:-
Chapter 22: Section 12. State Athletic Commission
Section 12. There shall be in the department a commission, to be known as the State Athletic Commission, which shall consist of 5 members, four of whom shall be appointed by the governor with the advice and consent of the council, for terms of 3 years each. The fifth member shall be the Commissioner of Public Safety, or his designee. At least one of the members shall be have a background in the sport of boxing and at least one of the members shall have a background in the sport of mixed martial arts. The governor, with the advice and consent of the council, shall from time to time designate 1 member of said commission as chairman. The members shall receive their traveling expenses necessarily incurred in the performance of their duties, and the commission shall be allowed such sums for clerical assistance as the governor and council may approve. The department shall provide administrative support to the commission. The commission may deputize 1 or more persons to represent the commission, and to be present at any match or exhibition authorized to be held under sections 32 to 51, inclusive, of chapter 147. Such persons may receive such compensation for their traveling expenses necessarily incurred in the discharge of their duties.
SECTION 2. Section 32 of Chapter 147 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the entire section and inserting in place thereof the following:-
Section 32. No boxing, kickboxing, mixed martial arts, or other unarmed combative sporting event or sparring match or exhibition for a prize or a purse, or at which an admission fee is charged, either directly or indirectly, in the form of dues or otherwise, whether professional or amateur, shall take place or be conducted in this commonwealth except in pursuance of a license granted as hereinafter provided by the state athletic commission, in sections thirty-two to forty-seven, inclusive, called the commission. Applications for the license shall be accompanied by such fee, as established annually by the commissioner of administration and finance under the provision of section three B of chapter seven. No “tough-man” or similar type match or exhibition shall take place or be conducted in the commonwealth. Any persons holding, conducting, participating in or attending a match or exhibition held without a license, as provided in the following section, or a “tough-man” or similar type match or exhibition, shall be punished by a fine not exceeding fifty thousand dollars or by imprisonment for a term not exceeding three months, or both. In the case of exhibitions or bouts held in accordance with the rules and regulations of such amateur organizations as may be approved by the commission, the commission may issue special licenses without the requirement of a bond as provided in section thirty-four or of payment of the annual fee.
SECTION 3. Section 33 of Chapter 147 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the entire section and inserting in place thereof the following:-
Section 33. The commission may, subject to the provisions of sections thirty-two to forty-seven, inclusive, issue licenses to conduct boxing, kickboxing, mixed martial arts, or other unarmed combative sporting events, sparring matches and exhibitions. The license shall be valid only for the date approved by the commission. The commission may revoke the license at any time in the interest of public safety. No license may be issued for any so called “tough-man” competition or similar event.
SECTION 4. Section 34 of Chapter 147 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended, in the first sentence, by striking out the word “five” and inserting in place thereof the following word:- “fifty”
Section 34 of Chapter 147 of the General Laws, as appearing in the 2004 Official Edition, is hereby further amended, in the last sentence, by striking out the word “one” and inserting in place thereof the following word:- “ten”
SECTION 5. Section 35 of Chapter 147 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended, by striking out the entire section and inserting in place thereof the following:_
Chapter 147: Section 35. Licenses for officials, boxers, kickboxers, mixed martial arts contestants, unarmed combative sports contestants, managers, trainers, seconds and matchmakers; fees; managers without license; professional boxer defined; physicians at amateur matches; age of licensee
Section 35. No person shall act, directly or indirectly, as physician, referee, judge, timekeeper, professional boxer, kick-boxer, mixed martial arts contestant, or other unarmed combative sport contestant, or as manager, trainer or second of such a contestant, at a match or exhibition, or as a matchmaker therefore, unless licensed by the commission upon receipt of such classified fee to be determined annually by the commissioner of administration and finance under the provision of section three B of chapter seven. Whoever acts in such capacity, without being so licensed, as provided in this section shall be punished by a fine of not more than ten thousand dollars. For the purposes of sections thirty-two to forty-seven, inclusive, a professional combatant is one who competes for a money prize. Any official who desires to officiate without charge at amateur boxing or sparring matches or exhibitions shall be licensed without charge. No person shall be licensed under this section who is under eighteen years of age, except as otherwise provided in section thirty-nine.
SECTION 6. Section 35A of Chapter 147 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended, by adding at the end, the following two sections:-
No contestant in amateur boxing shall compete in more than two tournaments in any period of seven days, nor participate in more than three contests between twelve o’clock noon of any day and twelve thirty o’clock in the morning of the next day. All amateur boxing or sparring matches or exhibitions held on any day shall terminate at or before twelve thirty o’clock in the morning of the next day.
The contestants in amateur boxing and kickboxing matches or exhibitions shall wear during the contest, gloves weighing at least eight ounces each unless otherwise authorized by the amateur boxing governing body.
SECTION 7. Section 36 of Chapter 147 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended, by striking out the entire section, and inserting in place thereof, the following:-
Section 36. At every boxing, kickboxing, mixed martial arts, or other unarmed combative sport event, sparring match or exhibition there shall be in attendance a referee, duly licensed under the provisions of sections thirty-two to forty-seven, inclusive, who shall direct and control the same. There shall also be in attendance at least three duly licensed judges, and each of said judges shall, at the termination of every such match or exhibition, vote for the contestant in whose favor the decision should, in his opinion, be rendered, or for a draw if, in his opinion, neither contestant is entitled to a decision in his favor, and the decision shall be rendered in favor of the contestant receiving a majority of said votes or if neither receives a majority as aforesaid a decision of a draw shall be rendered. Upon the rendering of said decision, the vote of each judge shall be announced from the ring. The referee shall have full power to stop the match or exhibition whenever he deems it advisable because of the physical condition of the contestants or one of them, or when one of the contestants is clearly outclassed by his opponent, or for other sufficient reason. The commission shall declare forfeited any prize, remuneration or purse or any part thereof belonging to the contestants or one of them if, in the judgment of a majority of the commissioners, after consultation with the judges and the referee, such contestant or contestants are not or were not competing in good faith. The fees of the referee and other licensed officials shall be fixed by said commission, and shall be paid by the licensed organization prior to the match or exhibition.
SECTION 8. Section 37 of Chapter 147 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the entire section, and inserting in place thereof, the following:-
Chapter 147: Section 37. Necessity of physician; duties; qualifications; fees; certificate of contestant’s fitness
Section 37. At any boxing, kickboxing, mixed martial arts, or other unarmed combative sport event, sparring match or exhibition there shall be in attendance at least one duly licensed physician, whose duty it shall be to observe the physical condition of the contestants and advise the referee or judges with regard thereto. Any competent physician who has had not less than three years’ experience as a medical practitioner may be licensed. No contestant shall be permitted to enter the ring unless a physician licensed under the provisions of sections thirty-two to forty-seven, inclusive, shall certify in writing that the contestant is physically fit to engage in the proposed contest. The physician’s fee, as fixed by the commission, shall be paid by the licensee conducting the match or exhibition.
SECTION 9. Section 38 of Chapter 147 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended, by striking out the entire section, and inserting in place thereof the following:-
Section 38. No boxing, kickboxing, or other unarmed combative sporting match or exhibition shall exceed ten rounds in length. No mixed martial arts match or exhibition may exceed five rounds in length. However, if a match is to determine a championship, it may exceed the round limits with the prior approval of the commission. No round in any boxing, kickboxing, or other unarmed combative sporting match or exhibition shall exceed three minutes. No round in any mixed martial arts match or exhibition shall exceed five minutes. No contestant in any professional match or exhibition shall participate in more than ten such rounds, or more than the number of rounds determined by the commission as aforesaid, as the case may be, during any period of seventy-two hours.
The contestants in professional boxing and kickboxing matches or exhibitions shall wear, during the contest, gloves weighing at least eight ounces each unless otherwise authorized by the commission. The contestants in mixed martial arts, and other unarmed combative sporting events, matches or exhibitions shall wear, during the contest, gloves weighing at least four ounces each or as otherwise authorized by the commission. Every contestant participating in boxing, kickboxing, mixed martial arts, or other unarmed combative sporting event or exhibition shall be required to wear standard protective devices as outlined by regulation by the commission.
SECTION 10. Section 39 of Chapter 147 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended, by striking out the entire section, and in inserting in place thereof the following:-
Section 39. Except as hereinafter provided no contestant who is under eighteen or who has reached his thirty-fifth birthday shall be permitted to engage in any boxing, kickboxing, mixed martial arts, or other unarmed combative sport event, sparring match or exhibition, except that said age requirement shall not apply to a boxing champion of the world who is still active as a professional boxer, or to a former boxing champion of the world who has not been inactive as a professional boxer for a period of more than two years from the date of his last boxing contest, and except that an amateur boxer shall be allowed to compete as such at the age of sixteen. At the discretion of the commission a professional boxer, kick-boxer, mixed martial arts contestant, or other unarmed combative sport contestant, who has reached his thirty-fifth birthday may be permitted to engage in a match if they pass a physical examination by a physician selected by the commissioners. At the discretion of the commission an amateur boxer who has reached his sixteenth birthday but has not yet reached his eighteenth birthday may be licensed as a professional boxer. The foregoing shall not apply to courses of instruction in boxing, kickboxing, mixed martial arts, or other unarmed combative sport, sponsored and conducted by recognized boys’ and girls clubs, youth organizations, schools or colleges, municipal or state park or recreational departments, law enforcement organizations, or by incorporated private nonprofit boxing teams, under the supervision of qualified instructors and directors. No person under sixteen shall be admitted to or be present at any professional match or exhibition unless accompanied by an adult.
SECTION 11. Section 39A of Chapter 147 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the entire section and inserting in place thereof the following:-
Chapter 147: Section 39A. Contestant previously knocked out six or more times
Section 39A. No professional boxer, kick-boxer, mixed martial arts contestant, or other unarmed combative sport contestant, licensed under section thirty-five, who has been knocked out, technically or otherwise, or lost a contest by way of submission, six or more times in the preceding twelve months, shall take part in a match or exhibition until they have been examined and found fit to take part in such a match or exhibition, by a physician selected by the commission, at a place and time designated by the commission. The costs of conducting said examination shall be borne by the contestant. If any such contestant is found unfit to engage in any such match or exhibition, they shall be excluded from such participation in this commonwealth for a period of three months, after which time they may make a request to the commission for another physical examination. The license issued to an individual pursuant to section 35 of this chapter shall be immediately suspended for at least 30 days if the individual is knocked out, technically or otherwise.
SECTION 12. Section 39B of Chapter 147 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the entire section and inserting in place thereof the following:-
Section 39B. Any person licensed under section thirty-two to conduct boxing, kickboxing, mixed martial arts, or other unarmed combative sport events, sparring matches or exhibitions, except those persons to whom a special license may be granted thereunder without the requirement of a bond or of payment of the annual fee, shall take out a policy of accident insurance on each contestant participating in such match or exhibition in the amount of five thousand dollars to compensate him for medical and hospital expenses incurred as the result of injuries received in such match or exhibition; and in the amount of fifty thousand dollars in the event of death to said contestant resulting from participation in such match or exhibition, said fifty thousand dollars to be paid to the estate of the deceased contestant. The premiums on said policies shall be paid by the licensee.
SECTION 13. Section 40 of Chapter 147 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the entire section and inserting in place thereof the following:-
Section 40. Every licensee holding or conducting any such boxing, kickboxing, mixed martial arts, or other unarmed combative sporting event, sparring match or exhibition shall, prior to the commencement of the final feature bout of the event, pay to the commission, a sum equal to four per cent of the total gross receipts from the sale of tickets or from admission fees. Further, such licensee shall pay to the commission a sum equal to two per cent of the total gross receipts generated by the exploitation of the television, pay per view, motion picture or other broadcasting rights, regardless of whether the event is broadcast live or in the future, such sum to be paid by the said licensee irrespective of whether he himself ever receives any portion of said amount; provided that if such match or exhibition is conducted as an incidental feature in an event or entertainment of a different character, such portion of the said total receipts and the said total amount shall be paid to the commonwealth as the commission may determine or as may be fixed by rule adopted under section forty-six. If such payment is for a fixed amount, payment shall be made twenty-four hours prior to the event. In no event shall payment be made later than forty-eight hours after the live event. Pay per view showings of an event more than forty-eight hours after the live event shall be exempt from the requirements of this section. The broadcasting fee imposed under this section shall be subject to a maximum cap of fifty thousand dollars per event. Within seventy-two hours after its conclusion the licensee shall furnish to the commission a report, showing the exact number of tickets sold and admission fees collected for the contest, and the gross receipts thereof, and such other data as the commission may require.
A licensee holding or conducting any such boxing, kickboxing, mixed martial arts, or other unarmed combative sport event, sparring match or exhibition shall, at least twenty-four hours before a licensed contest or exhibition, file with the commission a copy of all contracts entered into for the sale, lease or other exploitation of broadcasting rights for the contest or exhibition. All contracts filed with the commission pursuant to this section shall be exempted from disclosure pursuant to section ten of chapter sixty-six.
The commission shall enforce the provisions of this section.
SECTION 14. Section 40A of Chapter 147 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended in the first sentence, by striking out the following words, “within seventy two hours after its conclusion”, and inserting in place thereof the following:-
“prior to the commencement of the feature bout of the event,”
SECTION 15. Section 42 of Chapter 147 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding at the end the following sections:-
Chapter 147: Section 42. Administrative penalties for violations of chapter provisions
Further, the commission may suspend any license of any combatant issued pursuant to section 35 of this chapter without a hearing upon a finding that it would be unsafe for the individual to compete until either the passing of a fixed period of time or upon medical clearance.
The commission may assess an administrative penalty not to exceed two thousand dollars for each violation of any provision of this chapter or the commission’s rules or regulations committed by individuals required to be licensed under this chapter.
SECTION 16. Section 45 of Chapter 147 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended, in lines 3, 4, 6 and 10, by striking out the following words:-
“boxing or sparring”
SECTION 17. Section 46 of Chapter 147 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the entire section and inserting in place thereof the following:-
Section 46. The commission may make such rules and regulations for the administration and enforcement of sections thirty-two to forty-seven, inclusive and for purposes of promoting and regulating the sports of boxing, kickboxing, mixed martial arts, or other unarmed combative sports, as deemed necessary. Such rules and regulations may provide for and regulate the granting of a special permit for exhibitions where no decision is to be rendered, no admission fee is charged, and where a skilled combatant or combatants merely demonstrate the mechanics of their respective discipline. The commission shall make an annual report to the general court of the acts of the commission.
SECTION 18. Sections 48, 49 and 50 of Chapter 147 of the General Laws, as appearing in the 2004 Official Edition, are hereby repealed.
SECTION 19. Section 50A of Chapter 147 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the entire section and inserting in place thereof the following:-
Chapter 147: Section 50A. Instruction in boxing, kickboxing, mixed martial arts, or other unarmed combative sports, matches or exhibitions
Section 50A. Courses of instruction in boxing, kickboxing, mixed martial arts, or other unarmed combative sports, or sparring matches or exhibitions sponsored and conducted by recognized boys’ and girls clubs, youth organizations, schools and colleges, law enforcement agencies, or by municipal or state park or recreational departments, under the supervision of qualified instructors and directors, may take place or be conducted in any city or town without the necessity of first obtaining a license pursuant to section thirty-three.
SECTION 20. Section 51 of Chapter 147 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended, in the first sentence, by inserting after the word “boxing”, the following words:-
“kickboxing, mixed martial arts, or other unarmed combative sport event,”
SECTION 21. Chapter 147 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding the following new section:-
Chapter 147: Section 51A. Retained revenue
Section 51A. The Department of Public Safety may collect and expend an amount not to exceed $200,000 for the purpose of operating and administering the State Athletic Commission; provided, that the monies shall be derived from fees charged for licensing provided in this chapter, fines collected for violations of this chapter, and fees collected pursuant to section 40 of this chapter, with excess monies paid to the state treasurer; and further provided that for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the Department may incur expense 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.
SECTION 22. Section 12 of Chapter 265 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the entire section and inserting in place thereof the following:-
Chapter 265: Section 12. Boxing, kickboxing, mixed martial arts, or other unarmed combative sporting matches; penalty
Section 12. Whoever, except as provided in sections thirty-two to fifty, inclusive, of chapter one hundred and forty-seven, engages in or gives or promotes a public boxing, kickboxing, mixed martial arts, or other unarmed combative sporting match or sparring exhibition, or engages in a private boxing, kickboxing, mixed martial arts, or other unarmed combative sporting event match or sparring exhibition, for which the contestants have received or have been promised any pecuniary reward, remuneration or consideration whatsoever, directly or indirectly, shall be punished imprisonment in the state prison for not more than five years or by a fine of not more than fifty thousand dollars, or both.
SECTION 23. Section 28 of Chapter 180 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the entire section and inserting in place thereof the following:-
Chapter 180: Section 28. Conviction of conducting illegal boxing, kickboxing, mixed martial arts, or other unarmed combative sporting match; voiding charter
Section 28. If any person is convicted of illegally engaging in, giving or promoting a public or private boxing, kickboxing, mixed martial arts, or other unarmed combative sporting match or sparring exhibition, the contestants in which have received or have been promised any pecuniary reward, remuneration or consideration whatsoever, directly or indirectly, under the auspices of or on the premises occupied by any club or organization described in section four, the commissioner of public safety, the selectmen or the aldermen in the town where such club or organization is situated, except in Boston, and in Boston the police commissioner, shall immediately give notice to the state secretary, who, upon receipt thereof, shall declare the charter of such club or organization void, and shall publish a notice in at least one newspaper published in the county where the club or organization is situated that such incorporation is void.
EPS 603
LIVE SCAN
Mr. McGee moved that the bill be amended, in Section 2, in item 8000-0054 by adding the following at the end thereof: - “Provided further, that no less than $25,000 shall be expended to enhance the real-time forensic ability of the Swampscott Police Department with the use of Live Scan finger printing.”
EPS 604
CRIMINAL HISTORY SYSTEMS BOARD
Mr. Timilty moved that the bill be amended, in Section 2, in item 8000-0110, by striking out the figures “$6,432,924” and inserting in place thereof the figures “$7,398,772”.
EPS605
STATE POLICE CRIME LAB
Mr. McGee moved that the bill be amended, in Section 2, in item 8000-0106, by striking out the figure “$16,706,813” and inserting in place thereof the figure “$17,558,170”.
EPS 606
OFFICE OF THE CHIEF MEDICAL EXAMINER
Mr. McGee moved that the bill be amended, in Section 2, in item 8000-0105, by striking out the figures “$8,719,907” and inserting in place thereof the figures “$9,438,452”.
EPS 607
FIRE DEPARTMENT VEHICLES
Mr. McGee moved that the bill be amended, in Section 2, in item 8324-0000 by adding the following at the end thereof: - “Provided further, that no less than $40,000 shall be expended for technology upgrades for Fire Department vehicles in the town of Marblehead, and no less than $5,000 shall be expended for technology upgrades for Fire Department vehicles in the town of Swampscott.”
EPS 608
LUMINESCENT SYSTEM PILOT
Mr. Tolman moved that the bill be amended, in Section 2, in item 8311-1000, by inserting after the words “intumescent or refractory paint;” the following:- “provided further, that not less than $250,000 shall be expended for a pilot program to employ luminescent system in public safety buildings to clearly delineate egress routes leading to all exits, including traditional, emergency, and evacuation routes,. The installation of this technology on said routes shall not require the use of electrical power, but shall require performance standards of the photo luminescent technology, post loss of power, to achieve a minimum of 150 mcd/m2 at 10 minutes, 30 mcd/m2 at 60 minutes and 15 mcd.m2 after 90 minutes. Said route systems shall meet state building code and fire code standards for heat resistance to be a viable safety path in extreme fire and smoke, other calamitous events and in the event of a natural disaster.”
EPS 609
DEPARTMENT OF FIRE SERVICES
Messrs. Timilty, Moore, and Joyce moved that the bill be amended, in Section 2, in item 8324-0000, by striking out the figures “$15,548,169” and inserting in place thereof the figures “$16,840,965”.
EPS 610
PILOT TRANSITIONAL EMPLOYMENT PROJECT
Messrs. Petruccelli, Tolman and Galluccio moved that the bill be amended, in Section 2, in item 8xxx-xxxx, by adding the following: “For a pilot grant program to be administered by the Executive Office of Public Safety to support the establishment of a pilot transitional employment project in four sites for very high-risk youth and young adults ages 16 – 24 in the cities and/or geographic areas with high incidences of violence, incarceration, court-involvement and related activities; provided, that the Secretary of Public Safety shall distribute grant funds through a competitive grant program that gives preference to applications that:
(1) serve communities that have been identified as being high risk communities for youth and young adult violence;
(2) demonstrate multi-disciplinary collaboration, including youth/young adult serving community organizations, state agencies, local law enforcement, medical and public health professionals, and faith-based organizations;
(3) utilize a stages of change framework that includes addressing intervention work with young people including but not limited to transitional employment, education, employment readiness, life skills, substance abuse education and treatment referral as needed, re-entry, promoting accountability, and work with other organizations and the Executive Office of Public Safety to determine best practices and long-term programming for transitional employment;
(4) demonstrate commitment and ability to develop and implement the pilot as proposed in the model including but not limited to intensive case management component, re-hire component for transitional employment, work with TA provider, purchase and implementation of Efforts Towards Outcomes for tracking work and outcomes, work with evaluator, and willingness to work as a group to demonstrate the capacity and improve the model;
(5) demonstrate ability to provide a minimum match of $200K to pilot the project and have the administrative capacity and organizational mission to implement such a program; and
(6) demonstrate the ability to work with the department staff to conduct comprehensive evaluations of program development and implementation activities.......................................................................................... $1,500,000”.
EPS 611
SHANNON GRANTS
Messrs. Timilty, Montigny, Augustus, McGee, Antonioni, and Ms. Spilka moved that the bill be amended, in Section 2, in item 8100-0011, by striking out the figures “$13,000,000” and inserting in place thereof the figures “$15,000,000”.
EPS 612
ELEVATOR MECHANIC INSTRUCTIONAL TRAINING
Mr. Tisei moved that the bill be amended by inserting, after Section 90, the following new Section:-
“SECTION 91. Section 71C of chapter 143 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the word “education”, in line 25, the following:-
“; provided, however, that the provisions of subsection (c) shall not apply to any applicant who otherwise meets the licensing examination requirements outlined in subsections (a) and (b), and who was employed as an elevator mechanic apprentice prior to January 1, 2007”
EPS 613
DEPARTMENT OF PUBLIC SAFETY ADMINISTRATION
Mr. Tisei moved that the bill be amended, in Section 2, in item 8311-1000, by striking out the figure “$2,771,301” and inserting in place thereof the following figure:- “1,341,542”.
EPS 614
MUNICIPAL POLICE GRANTS EXPANSION
Mr. Tisei moved that the bill be amended, in Section 2, in item 8000-0054, by striking the item in its entirety.
EPS 615
SUSTAINABILITY OF MUNICIPAL POLICING GRANTS
Mr. Tisei moved that the bill be amended, in Section 2, in item 8000-0054, by inserting after the words “detail the fiscal and programmatic steps taken with the grant funds to enhance municipal policing efforts” the following:-
“including in an analysis of the long-term financial sustainability of officers hired due to grants awarded as part of this program”
EPS 616
DEPARTMENT OF FIRE SERVICES
Mr. Creedon moved that the bill be amended, in Section 2, in item 8324-000 by inserting the following language:- “provided further, that $25,000 be expended for the cost of operating the Fire Starters Program in the Plymouth County Juvenile Court”
EPS 617
DISABLED PERSONS PROTECTION COMMISSSION
Mr. Creedon moved that the bill be amended, in Section 2, in item 8100-0000, by inserting the following language:- “provided further, that not fewer than 5 officers shall be provided to the disabled persons protection commission for the purpose of investigating cases of criminal abuse;”
EPS 618
SHANNON GRANT
Mr. Creedon moved that the bill be amended, in Section 2, in item 8100-0111, by striking the wording:- “provided further, that no grants shall be awarded to the department of state police”.
EPS 619
MUNICIPAL POLICE TRAINING
Messrs. Timilty, Antonioni, Augustus, Hedlund, Joyce, Knapik, Moore, Tisei, and Ms. Candaras, Ms. Creem, and Ms. Resor moved that the bill be amended, in Section 2, in item 8200-0200, by striking out the figures “$2,886,398” and inserting in place thereof the figures “$3,396,167”.
EPS 620
AVON PUBLIC SAFETY FACILITY
Mr. Joyce moved that the bill be amended, in Section 2, in item 8100-0000, by inserting the following:- “; provided further, that not less than $100,000 shall be expended for the design and planning of a new public safety facility for police, fire, and EMS personnel in the town of Avon”.
EPS 621
MEDICAL EXPENSES
Mr. Joyce moved that the bill be amended, in Section 2, in item 8324-0000, adding the following: “; provided further, that $250,000 shall be expended to the town of Milton for unanticipated medical expenses associated with the injury of a firefighter while on duty”
EPS 622
NORFOLK FIRE & RESCUE DISPATCH
Messrs. Joyce and Brown moved that the bill be amended, in Section 2, in item 8324-0000, by adding the following: “; provided further, that $100,000 shall be expended to Norfolk County to maintain and improve services of the Norfolk County Regional Fire and Rescue Dispatch Center”
EPS 623
DOC ADMINISTRATIVE LANGUAGE
Mr. Timilty moved that the bill be amended, in Section 2, in item 8900-0001, by striking out the following words:- “; and provided further, that the department may expend funds appropriated in this item for the administration of budgetary, procurement, fiscal, human resources, payroll and other administrative services of the parole board and the sex offender registry board.”
EPS 624
RANDOLPH FIRE DEPARTMENT
Mr. Joyce moved that the bill be amended, in Section 2, in item 8324-0000, by inserting the following:- “; provided further, that not less than $250,000 shall be expended for safety equipment for the Randolph Fire Department”.
EPS 625
RANDOLPH POLICE DEPARMENT
Mr. Joyce moved that the bill be amended, in Section 2, in item 8100-0111, by inserting the following:- “; provided further, that not less than $250,000 shall be expended for the Youth Violence and Street Crimes Unit of the Randolph Police Department”.
EPS626
MIDDLESEX SHERIFF’S OFFICE
Mr. Galluccio moved that the bill be amended, in Section 2, by striking out item 8910-0107 and inserting in place thereof the following item:-
“8910-0107 For the operation of the jail, house of correction and any other statutorily authorized facilities and functions under the administration of the office of the sheriff of Middlesex county; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than August 1, 2008............. $67,816,384”.
EPS 627
BLUE HILLS FIRE SERVICES
Mr. Joyce moved that the bill be amended, in Section 2, in item 8324-0000, by adding the following:- “provided further, that $50,000 shall be expended to the towns of Milton and Randolph respectively for emergency municipal funding related, but not limited to, fire prevention and fire fighting in the Blue Hills reservation”
EPS 628
VIOLENCE PREVENTION
Mr. Buoniconti moved that the bill be amended, in Section 2, in item 4590-1506, by striking item 4590-1506 and inserting in place thereof the following:
“4590-1506 For a program to be administered by the department of public health to support the establishment of a comprehensive youth violence prevention program; provided, that the department shall work with the executive office of public safety and the executive office of labor and workforce development in program implementation; provided further, that the commissioner of public health shall distribute grant funds through a competitive grant program that gives preference to applications that: (1) serve communities that have been identified by the department as being high risk communities for youth violence; (2) demonstrate multi-disciplinary collaboration, including youth serving community organizations, state agencies, local law enforcement, medical and public health professionals, and faith-based organizations; (3) utilize a youth development framework that includes addressing out-of-school time activities, mentoring, leadership training, employment readiness training, conflict resolution, education support, family support services and financial literacy; (4) provide positive programming during, but not limited to, the hours of 2 pm and 10 pm; and (5) demonstrate the ability to work with the department staff to conduct comprehensive evaluations of program development and implementation activities; provided further, that no contracts shall be awarded to law enforcement agencies; provided further, that the department of public health shall report to the executive office for administration and finance and the house and senate committees on ways and means detailing the contract amount awarded to each recipient and a description of each contract; provided further, that each recipient shall provide the department of public health with a comprehensive list of best practices that have been instituted as a result of these contracts… $4,000,000”
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Mr. McGee moved that the bill be amended, in Section 2, in item 8000-0106, by striking out the figure “$16,706,813” and inserting in place thereof the figure “$17,558,170”.
EPS 606
OFFICE OF THE CHIEF MEDICAL EXAMINER
Mr. McGee moved that the bill be amended, in Section 2, in item 8000-0105, by striking out the figures “$8,719,907” and inserting in place thereof the figures “$9,438,452”.
EPS 607
FIRE DEPARTMENT VEHICLES
Mr. McGee moved that the bill be amended, in Section 2, in item 8324-0000 by adding the following at the end thereof: - “Provided further, that no less than $40,000 shall be expended for technology upgrades for Fire Department vehicles in the town of Marblehead, and no less than $5,000 shall be expended for technology upgrades for Fire Department vehicles in the town of Swampscott.”
EPS 608
LUMINESCENT SYSTEM PILOT
Mr. Tolman moved that the bill be amended, in Section 2, in item 8311-1000, by inserting after the words “intumescent or refractory paint;” the following:- “provided further, that not less than $250,000 shall be expended for a pilot program to employ luminescent system in public safety buildings to clearly delineate egress routes leading to all exits, including traditional, emergency, and evacuation routes,. The installation of this technology on said routes shall not require the use of electrical power, but shall require performance standards of the photo luminescent technology, post loss of power, to achieve a minimum of 150 mcd/m2 at 10 minutes, 30 mcd/m2 at 60 minutes and 15 mcd.m2 after 90 minutes. Said route systems shall meet state building code and fire code standards for heat resistance to be a viable safety path in extreme fire and smoke, other calamitous events and in the event of a natural disaster.”
EPS 609
DEPARTMENT OF FIRE SERVICES
Messrs. Timilty, Moore, and Joyce moved that the bill be amended, in Section 2, in item 8324-0000, by striking out the figures “$15,548,169” and inserting in place thereof the figures “$16,840,965”.
EPS 610
PILOT TRANSITIONAL EMPLOYMENT PROJECT
Messrs. Petruccelli, Tolman and Galluccio moved that the bill be amended, in Section 2, in item 8xxx-xxxx, by adding the following: “For a pilot grant program to be administered by the Executive Office of Public Safety to support the establishment of a pilot transitional employment project in four sites for very high-risk youth and young adults ages 16 – 24 in the cities and/or geographic areas with high incidences of violence, incarceration, court-involvement and related activities; provided, that the Secretary of Public Safety shall distribute grant funds through a competitive grant program that gives preference to applications that:
(1) serve communities that have been identified as being high risk communities for youth and young adult violence;
(2) demonstrate multi-disciplinary collaboration, including youth/young adult serving community organizations, state agencies, local law enforcement, medical and public health professionals, and faith-based organizations;
(3) utilize a stages of change framework that includes addressing intervention work with young people including but not limited to transitional employment, education, employment readiness, life skills, substance abuse education and treatment referral as needed, re-entry, promoting accountability, and work with other organizations and the Executive Office of Public Safety to determine best practices and long-term programming for transitional employment;
(4) demonstrate commitment and ability to develop and implement the pilot as proposed in the model including but not limited to intensive case management component, re-hire component for transitional employment, work with TA provider, purchase and implementation of Efforts Towards Outcomes for tracking work and outcomes, work with evaluator, and willingness to work as a group to demonstrate the capacity and improve the model;
(5) demonstrate ability to provide a minimum match of $200K to pilot the project and have the administrative capacity and organizational mission to implement such a program; and
(6) demonstrate the ability to work with the department staff to conduct comprehensive evaluations of program development and implementation activities.......................................................................................... $1,500,000”.
EPS 611
SHANNON GRANTS
Messrs. Timilty, Montigny, Augustus, McGee, Antonioni, and Ms. Spilka moved that the bill be amended, in Section 2, in item 8100-0011, by striking out the figures “$13,000,000” and inserting in place thereof the figures “$15,000,000”.
EPS 612
ELEVATOR MECHANIC INSTRUCTIONAL TRAINING
Mr. Tisei moved that the bill be amended by inserting, after Section 90, the following new Section:-
“SECTION 91. Section 71C of chapter 143 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the word “education”, in line 25, the following:-
“; provided, however, that the provisions of subsection (c) shall not apply to any applicant who otherwise meets the licensing examination requirements outlined in subsections (a) and (b), and who was employed as an elevator mechanic apprentice prior to January 1, 2007”
EPS 613
DEPARTMENT OF PUBLIC SAFETY ADMINISTRATION
Mr. Tisei moved that the bill be amended, in Section 2, in item 8311-1000, by striking out the figure “$2,771,301” and inserting in place thereof the following figure:- “1,341,542”.
EPS 614
MUNICIPAL POLICE GRANTS EXPANSION
Mr. Tisei moved that the bill be amended, in Section 2, in item 8000-0054, by striking the item in its entirety.
EPS 615
SUSTAINABILITY OF MUNICIPAL POLICING GRANTS
Mr. Tisei moved that the bill be amended, in Section 2, in item 8000-0054, by inserting after the words “detail the fiscal and programmatic steps taken with the grant funds to enhance municipal policing efforts” the following:-
“including in an analysis of the long-term financial sustainability of officers hired due to grants awarded as part of this program”
EPS 616
DEPARTMENT OF FIRE SERVICES
Mr. Creedon moved that the bill be amended, in Section 2, in item 8324-000 by inserting the following language:- “provided further, that $25,000 be expended for the cost of operating the Fire Starters Program in the Plymouth County Juvenile Court”
EPS 617
DISABLED PERSONS PROTECTION COMMISSSION
Mr. Creedon moved that the bill be amended, in Section 2, in item 8100-0000, by inserting the following language:- “provided further, that not fewer than 5 officers shall be provided to the disabled persons protection commission for the purpose of investigating cases of criminal abuse;”
EPS 618
SHANNON GRANT
Mr. Creedon moved that the bill be amended, in Section 2, in item 8100-0111, by striking the wording:- “provided further, that no grants shall be awarded to the department of state police”.
EPS 619
MUNICIPAL POLICE TRAINING
Messrs. Timilty, Antonioni, Augustus, Hedlund, Joyce, Knapik, Moore, Tisei, and Ms. Candaras, Ms. Creem, and Ms. Resor moved that the bill be amended, in Section 2, in item 8200-0200, by striking out the figures “$2,886,398” and inserting in place thereof the figures “$3,396,167”.
EPS 620
AVON PUBLIC SAFETY FACILITY
Mr. Joyce moved that the bill be amended, in Section 2, in item 8100-0000, by inserting the following:- “; provided further, that not less than $100,000 shall be expended for the design and planning of a new public safety facility for police, fire, and EMS personnel in the town of Avon”.
EPS 621
MEDICAL EXPENSES
Mr. Joyce moved that the bill be amended, in Section 2, in item 8324-0000, adding the following: “; provided further, that $250,000 shall be expended to the town of Milton for unanticipated medical expenses associated with the injury of a firefighter while on duty”
EPS 622
NORFOLK FIRE & RESCUE DISPATCH
Messrs. Joyce and Brown moved that the bill be amended, in Section 2, in item 8324-0000, by adding the following: “; provided further, that $100,000 shall be expended to Norfolk County to maintain and improve services of the Norfolk County Regional Fire and Rescue Dispatch Center”
EPS 623
DOC ADMINISTRATIVE LANGUAGE
Mr. Timilty moved that the bill be amended, in Section 2, in item 8900-0001, by striking out the following words:- “; and provided further, that the department may expend funds appropriated in this item for the administration of budgetary, procurement, fiscal, human resources, payroll and other administrative services of the parole board and the sex offender registry board.”
EPS 624
RANDOLPH FIRE DEPARTMENT
Mr. Joyce moved that the bill be amended, in Section 2, in item 8324-0000, by inserting the following:- “; provided further, that not less than $250,000 shall be expended for safety equipment for the Randolph Fire Department”.
EPS 625
RANDOLPH POLICE DEPARMENT
Mr. Joyce moved that the bill be amended, in Section 2, in item 8100-0111, by inserting the following:- “; provided further, that not less than $250,000 shall be expended for the Youth Violence and Street Crimes Unit of the Randolph Police Department”.
EPS626
MIDDLESEX SHERIFF’S OFFICE
Mr. Galluccio moved that the bill be amended, in Section 2, by striking out item 8910-0107 and inserting in place thereof the following item:-
“8910-0107 For the operation of the jail, house of correction and any other statutorily authorized facilities and functions under the administration of the office of the sheriff of Middlesex county; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than August 1, 2008............. $67,816,384”.
EPS 627
BLUE HILLS FIRE SERVICES
Mr. Joyce moved that the bill be amended, in Section 2, in item 8324-0000, by adding the following:- “provided further, that $50,000 shall be expended to the towns of Milton and Randolph respectively for emergency municipal funding related, but not limited to, fire prevention and fire fighting in the Blue Hills reservation”
EPS 628
VIOLENCE PREVENTION
Mr. Buoniconti moved that the bill be amended, in Section 2, in item 4590-1506, by striking item 4590-1506 and inserting in place thereof the following:
“4590-1506 For a program to be administered by the department of public health to support the establishment of a comprehensive youth violence prevention program; provided, that the department shall work with the executive office of public safety and the executive office of labor and workforce development in program implementation; provided further, that the commissioner of public health shall distribute grant funds through a competitive grant program that gives preference to applications that: (1) serve communities that have been identified by the department as being high risk communities for youth violence; (2) demonstrate multi-disciplinary collaboration, including youth serving community organizations, state agencies, local law enforcement, medical and public health professionals, and faith-based organizations; (3) utilize a youth development framework that includes addressing out-of-school time activities, mentoring, leadership training, employment readiness training, conflict resolution, education support, family support services and financial literacy; (4) provide positive programming during, but not limited to, the hours of 2 pm and 10 pm; and (5) demonstrate the ability to work with the department staff to conduct comprehensive evaluations of program development and implementation activities; provided further, that no contracts shall be awarded to law enforcement agencies; provided further, that the department of public health shall report to the executive office for administration and finance and the house and senate committees on ways and means detailing the contract amount awarded to each recipient and a description of each contract; provided further, that each recipient shall provide the department of public health with a comprehensive list of best practices that have been instituted as a result of these contracts… $4,000,000”
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________________________________
HOUSE PADS PUBLIC SAFETY BUDGET WITH $12.9 MILLION MORE
Monday, May 5, 2008
Ignoring GOP concerns they may be overspending, the Democrat-controlled House voted 145-13 to add $12.9 million to the state’s fiscal 2009 public safety budget.
The amendment increases the budget for the Secretary of Public Safety by $100,000, doubles municipal police grants to $4 million, increases by $90,000 and adds various earmarks to the $257 million budget for the Department of State Police, brings to $13 million from $11 million the amount allocated for Shannon grants, adds $300,000 to and earmarks a $2.9 million line item for municipal police training programs, nearly doubles to $2.7 million funds for the Department of Public Safety, adds $140,000 for the Division of Inspections, adds $50,000 for state building code training, adds nearly $5 million to the Department of Fire Services, bringing the total earmark to $18.4 million, adds $180,000 for the Military Division, adds $1.4 million to the Department of Corrections line item, bringing the total to $531.75 million, and adds $450,000 to the Berkshire County sheriff’s department and jail operation.
Supporters said the amendment signified the House’s commitment to protecting the citizens of Massachusetts. Republican leaders questioned whether the changes to the budget were affordable and repeatedly demanded where the additional money would come from.
House Democrats declined to denote a source, citing the uncertainty of incoming revenues for fiscal 2009. The public safety amendment includes numerous earmarks, including $150,000 for the UMass Lowell Environmental Health and Safety Department for fireproof paint, $100,000 for the Norfolk Country Regional Fire & Rescue Dispatch Center and $200,000 for an Aid to Incarcerated Mothers program.
Official Transportation Language (FLAGGERS)
Tuesday, April 28, 2008
SECTION 10. Notwithstanding any general or special law or rule or regulation to the contrary, the secretary of transportation and public works, in consultation with the secretary of public safety may promulgate regulations and recommend guidelines for the use of police details at public works sites.
The regulations and guidelines shall consider categorizing public works projects, including roadways, bridges, intersections, railroads and any other similar project components, into tiers and recommend which tiers shall require the utilization of police details during work hours. The regulations shall also take into account traffic patterns, roadway design, criminal and civil offenses committed in the area and proximity to schools, playgrounds and other youth activity locations.
The secretaries may also make recommendations on the use of alternative personnel is appropriate for various tiers of public works projects. In promulgating the rules and regulations hereunder, the secretary shall examine the actual costs savings from the utilization of alternative personnel.
Notwithstanding any provision of this section to the contrary, the regulations and guidelines promulgated hereunder shall ensure that the awarding authority of the public works contract has the authority to determine the appropriate traffic control measures; provided, however, that when a municipality is the awarding authority, the traffic control measures shall be consistent with the ordinances or by laws of the municipality wherein the public works project is being undertaken and the measures shall not affect any applicable provisions of a collective bargaining agreement under chapter 150E of the General Laws.
The regulations and guidelines shall require the inclusion of a “construction zone safety plan” in each public works contract which shall require the use of personnel to ensure the safety of workers on construction sites. The plan shall include the number of construction zone safety personnel required to be on site daily and the procedures to be followed in the case the designated personnel who fail to arrive at the work site as agreed.
These regulations shall be promulgated and forwarded to the chairs of the senate and house committees on ways and means and the senate and house chairs of the joint committee on transportation within 90 days after the effective date of this act.
Hearings scheduled for Tuesday, March 4, 2008
Public Hearing to be held in Room A-1 at 1:00 P.M.
Petition of Steven A. Tolman for
legislation relative to identity theft jurisdiction.
Petition of Steven A. Baddour for
legislation to require the inclusion of certain civil rights offense
information in the statewide domestic violence record keeping system.
Petition of Steven A. Baddour for
legislation to require photographs on protective orders.
Petition of Jarrett T. Barrios, Jay R.
Kaufman, Denis E. Guyer, David P. Linsky and other members of the General Court
for legislation relative to marriage laws.
Petition of Scott P. Brown, Richard R.
Tisei, Bruce E. Tarr, Michael R. Knapik and other members of the General Court
for legislation relative to employee records.
Petition of Gale D. Candaras for
legislation relative to spousal claims for tortious conduct.
Petition of Harriette L. Chandler, Joan
M. Menard, Ruth B. Balser, Pamela P. Resor and other members of the General
Court for legislation relative to public health.
Petition of Robert S. Creedon, Jr. for
legislation relative to attorney client privilege and attorney work product
materials.
Petition of Robert S. Creedon, Jr. for
legislation relative to loan forgiveness.
Petition of Robert S. Creedon, Jr. for
legislation to establish a parent child testimonial privilege.
Petition of Robert S. Creedon, Jr. for
legislation to further the interest of children in need of services.
Petition of Robert S. Creedon, Jr. for
legislation relative to further the interest of children in needof services.
Petition of Robert S. Creedon, Jr. for
legislation relative to the commisssion on judicial conduct.
Petition of Robert S. Creedon, Jr. for
legislation to establish a parent child testimonial privilege.
Petition of Cynthia S. Creem and John
W. Scibak for legislation to prohibit the release of a minor's personal
information by the media.
Petition of Cynthia S. Creem, David P.
Linsky, James E. Timilty and Bruce E. Tarr for legislation to establish the
crime of money laundering.
Petition of Cynthia S. Creem, Jonathan
W. Blodgett, president, Massachusetts District Attorney Association, James E.
Timilty, Edward M. Augustus, Jr. andother members of the General Court for
legislation relative to punishment for the crime of domestic violence.
Petition of Susan C. Fargo, Charles A.
Murphy, Douglas W. Petersen and Patricia D. Jehlan for legislation relative to
the annual reports of public charities.
Petition of Robert A. Havern, Susan C.
Fargo, Richard R. Tisei, Karen E. Spilka and other members of the General Court
for legislation to protect Massachusett families through equal access to civil
marriage.
Petition of Robert L. Hedlund, Scott P.
Brown, Frank M. Hynes, Michael R. Knapik and other members of the General Court
for legislation to establish the crime of peeping or peering into dwelling
houses.
Petition of Michael R. Knapik, Donald
F. Humason, Jr., Richard R. Tisei, Bruce E. Tarr and other members of the
general court for legislation relative to eliminating presumed personal
recognizance for certain defendants.
Petition of Michael R. Knapik and
Donald F. Humason, Jr. for legislation relative to failing to appear in court
after releaseon bail.
Petition of Michael R. Knapik, James E.
Timilty, Bruce E. Tarr, Stephen M. Brewer and other members of the General
Court for legislation relative to reporting child pornography.
Petition of Michael R. Knapik, Bruce E.
Tarr and Donald F. Humason, Jr. for legislation relative to teen violence.
Petition of Mark C. Montigny for
legislation relating to crimes against elders and people with disabilities.
Petition of Mark C. Montigny for a
resolve establishing a special commission to study witness participation and
protection in the criminal justice system.
Petition of Richard T. Moore and Joan
M. Menard for legislation relative to timely notice to the borm of the
arraignment of physicians.
Petition of Keyoto Goya for legislation
to prohibit the abuse of patients in health care facilities.
Petition of Michael W. Morrissey for
legislation permitting judges to require probationers to pay theout-of-pocket
costs of their probation..
Petition of Michael W. Morrissey, John
Boyle for legislation to further regulate the admission of evidence of medical
and hospital service reports and records.
Petition of Michael Hyde for legislation
relative to wire-tapping in the Commonwealth..
Petition of Steven C. Panagiotakos,
Marc R. Pacheco, Thomas A. Golden, Jr.,Kevin J. Murphy and other members of the
General Court for legislation relative to the rate of compensation of private
counsel.
Petition of William A. Norris for
legislation relative to conditions of release for persons admitted to bail.
Petition of Richard R. Tisei, Bradley
H. Jones, Jr., Bruce E. Tarr, Paul J.Loscocco and other members of the General
Court for legislation relative to the expansion of the state DNA database.
Petition of Richard R. Tisei for
legislation relative to abuse prevention.
Petition of Steven A. Tolman for
legislation relative to the commission of a crime while in posession of a
police scanner.
Petition of Steven A. Tolman for
legislation relative to reducing sporting event related violence.
Petition of Dianne Wilkerson for
legislation to provide proceeds of drug case confiscations to drug treatment.
Petition of Mark C. Montigny, C. Samuel
Sutter, Robert M. Koczera, James E.Timilty and other members of the General
Court for legislation to amend the dangerousness statute.
Petition of Cory Atkins and others
relative to gender neutral language in the Massachusetts General Laws.
Petition of Garrett J. Bradley relative
to the issuance of certain retraining orders.
Petition of James H. Fagan for
legislation to regulate protective orders in certain court proceedings.
Petition of James H. Fagan relative to
the extension of certain restraining orders without notice to defendants.
Joint petition of Barry R. Finegold and
others relative to prohibiting discrimination in the rental, lease or sale of
housing or housing units in the Commonwealth.
Petition of John P. Fresolo and David
Holway for legislation to regulate the collection of data by police officers
issuing citations for violations by operators of motor vehicles.
Petition of Paul K. Frost for
legislation to permit breast-feeding of children in public.
Petition of Colleen M. Garry relative
to protective orders.
Petition of William G. Greene, Jr. for
legislation to prohibit the unauthorized disclosure and use of Social Security
numbers.
Petition of Kay Khan and others for
legislation to provide certain information for victims of domestic violence.
Petition of Peter J. Koutoujian and
others for legislation to include pets in abuse prevention orders.
Petition of David Paul Linsky and others
for legislation to permit breast-feeding of children in public.
Petition of Eugene L. O'Flaherty and
James B. Eldridge for legislation to establish a program to provide assistance
with the repayment of educational loans for law school graduates.
Petition of Alice Hanlon Peisch and
others relative to ensuring confidentiality for victims of rape and domestic
violence.
Petition of Jeffrey Davis Perry and
others relative to biological evidence required for adoption.
Petition of Elizabeth A. Poirier and
others relative to information provided to women seeking abortions.
Petition of Byron Rushing and others
relative to the repeal or reform of certain archaic laws.
Joint petition of Byron Rushing and
others relative to equal access to civil marriage.
Petition of Byron Rushing and others
for legislation to include the providing of spiritual treatment through prayer
in lieu of medical treatment as a defense in certain assault and battery upon a
child actions.
Petition of Rachel Kaprielian and
Jeffrey Sánchez relative to the use of live fetuses in the conducting of
biomedical research.
Petition of Carl M. Sciortino, Jr., and
others relative to gender based discrimination and hate crimes.
Petition of Robert P. Spellane and
others for legislation to repeal the prohibition of certain non-residents to
marry in the Commonwealth.
Joint petition of Ellen Story and
others relative to public health.
Petition of Ellen Story relative to
consent and counseling for certain pregnant minors.
Petition of Benjamin Swan and others
for legislation to provide additional assistance to victims of domestic abuse.
Petition of Walter F. Timilty and
Thomas M. Stanley relative to the powers and duties of health care proxies.
Petition of Byron Rushing and others
that public offices be prohibited from denying benefits on the grounds of race,
color or national origin.
Petition of Karyn E. Polito and others
for legislation to require valid photographic identification issued by the
Registry of Motor Vehicles as proof of identification for marriage.
Petition of David M. Nangle and Kevin
J. Murphy relative to the prevention of domestic abuse.
LEGISLATORS AND DOCTORS PUSH FOR BOOSTER SEAT BILL
Legislators, doctors, and police joined AAA of Southern New England at a State House press conference Tuesday calling for a law mandating the use of booster seats for more children.
Falmouth pediatrician Greg Parkinson called booster seats "plastic penicillin", citing how effectively they can protect children in the case of a car accident, which he cited as the top cause of death for kids. Current Massachusetts law requires children up to five years old and under 40 pounds to be in some form of child restraint.
The booster seat bill (S 2018), which passed the Senate last year, would increase the threshold for booster seats to 8 years old or 4’9", whichever comes first. Bill sponsor Sen. Steven Baddour (D- Methuen), chair of the Transportation Committee, said he is confident the bill will become law this year, claiming the bill was necessary so parents could be informed about the safest procedures for their children. "If you follow the law as it is currently written," he said, " you are putting your child in jeopardy." Rep. Michael Costello (D- Newburyport), co-chair of the Committee on Public Safety and Homeland Security, lent his support to the bill and said House Speaker Salvatore DiMasi "supports the bill 100 percent."
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