Bill S.1805 188th (2013 - 2014)

[Text of proposed amendments to the Senate Bill to foster economic independence (Senate, No. 1805).]

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Clerk #1

Disclosure of tax return information

Mr. Rodrigues moved that the bill (Senate, No. 1805) be amended, by inserting after section__, the following section:-

“SECTION__. Subsection (b) of section 21 of chapter 62C of the General Laws, as amended by sections 43 to 46, inclusive, of chapter 224 of the acts of 2012, is hereby further amended by adding the following clause:-

(27) the disclosure of tax return information for individuals or households to an agency of the commonwealth, if the agency certifies that the information is relevant to determine eligibility of those individuals or households for benefits awarded by the agency.”

Clerk #2

Photo IDs

Ms. O’Connor Ives moves to amend the bill (Senate, No. 1805) by amending in Section 30 at the end thereof the following: “The Department of Transitional Assistance shall consider utilizing the photograph databases of the Registry of Motor Vehicles and the Massachusetts Bay Transit Authority as a cost saving measure.”

Clerk #3

Fraud Hotline

Ms. O’Connor Ives moves to amend the bill (Senate, No. 1805) by inserting at the end Section 5, subsection (b) the following: “any retailer that accepts electronic benefit transfer cards shall post the toll free fraud hotline provided by the department in a visible area to all consumers.”

Clerk #4

Improved Electronic System

Mr. Tarr moves to amend the bill (Senate, No. 1805) by striking section 25 and inserting in place thereof the following:-

Section 25.  Notwithstanding any general or special law to the contrary, the department of transitional assistance shall develop, implement and maintain a system utilizing electronic and other technology to reduce the use of paper records and documentation, and to eliminate the sole reliance on such paper records for its operations.

Such system shall facilitate efficiency and accuracy in the submission and receipt of applications and related documents and the timely verification of the information so contained and to the maximum feasible extent prevent the loss of the information and ensure its availability on a continuous basis for the functions performed by the department.

Such system shall, to the maximum extent feasible, minimize the time and resources necessary to manage information, reduce the need for the resubmission of documents, and verify the receipt of documents or information submitted.  The system shall also facilitate the timely and efficient exchange of information. 

The system shall be fully operational not later than 24 months following the passage of this act, provided that it may be developed and implemented in stages and that the department shall electronically submit quarterly reports to the clerks of the house and the senate on its progress; provided, however, that said reports shall identify any obstacles preventing progress, including but not limited to recourse constraints, and that the first such report shall be filed not later than September 1, 2013. 

Clerk #5

Illicit Product Awareness

Mr. Tarr moves to amend the bill (Senate No. 1805) by inserting after Section 3 the following section:-

SECTION 3_.  Subsection (D) of section 2 of chapter 18 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following subsection:-

(_) providing a list of products and services of which or establishments at which purchases made with assistance from funds received under this chapter are prohibited.   Said list shall be provided to an eligible individual prior to said individual receiving benefits under this chapter, receipt of which shall be evidenced by a signature.

Clerk #6

Fraud Detection Program Referral

Mr. Tarr moves to amend the bill (Senate No. 1805) by striking in line 170 the word, “or” and inserting in place thereof the following:- “and”.

Clerk #7

College Transition Services

Mr. Downing moves to amend the bill (S. 1805) in section 18, by inserting, in line 369, after the word “programs” the following words:- “, adult college transition services”.

Clerk #8

High-risk groups

Mr. Donnelly moves to amend the bill (Senate, No. 1805) in SECTION 8, beginning on line 182, by striking the words “Section 37. Subject to appropriation, the department shall implement a fraud risk assessment system that shall define risk and prioritize client groups based upon their risk assessment. Through the system, the department shall identify areas where increased scrutiny is warranted for high-risk client groups and shall identify ways to streamline procedures for low-risk client groups. The department shall use the most cost effective software to develop its fraud risk assessment system.”. 

Clerk #9

EBT Inventory Control

Messrs. Tarr, Hedlund, Knapik and Ross move to amend the bill (Senate, No. 1805) by inserting after section 3 the following section:-

Section 3A.  Paragraph (D) of section 2 of said chapter 18, as appearing in the 2010 Official Edition, is hereby amended by adding the following clause:-

(g) the recording and tracking of blank electronic benefit cards that ensures the integrity of said cards and delineates a clear chain of custody and best practices in the shipment and custody of said cards.

Clerk #10

Public Housing Eligibility

Mr. Donnelly moves to amend the bill (Senate, No. 1805) by striking SECTION 10 in its entirety. 

 3rd Redraft Clerk #11

Reporting Regulation Changes

Messrs. Donnelly and Barrett moved that the bill be amended by inserting after section 5 the following section:-

“SECTION 5A. Section 10 of said chapter 18, as appearing in the 2010 Official Edition, is hereby amended by adding the following paragraph:-

Notwithstanding any general or special law to the contrary, 60 days before promulgating or amending any regulation that would alter eligibility for, or the level of benefits provided through the department, other than that which would benefit recipients, the department shall file with the house and senate committees on ways and means, the house and senate chairs of the joint committee on children, families and persons with disabilities and the clerks of the house of representatives and senate a report describing the changes and setting forth justification for any changes.”;
and by striking out sections 31 to 35, inclusive, and inserting in place thereof the following section:-

“SECTION 31. The department of transitional assistance shall promulgate regulations to implement this act.”

Redraft Clerk #12

Public Housing Assistance Priority for Legal Residence

Messrs. Hedlund, Tarr, Ross, Timilty, and Michael O. Moore and Ms. Flanagan and Ms. Forry moves that the bill (Senate, No. 1805) be amended by inserting after section 37, the following new section:-

SECTION _.  Notwithstanding any general or special law to the contrary, no person or persons shall be eligible for public housing under any terms and conditions other than those authorized under 42 U.S.C  section 1436a.

Clerk #13

Specialist Positions Report

Mr. Barrett moves to amend the bill (Senate, No. 1805), in Section 4, by inserting after the words “ways and means”, in line 104, the following words:- “and the house and senate chairs of the joint committee on children, families and persons with disabilities”.

REDRAFT Clerk # 14

Job Diversion Program Refinement

Mr. Barrett and Ms. Creem moves to amend the bill (Senate, No. 1805), in section 8, by inserting after the word “inclusive”, in line 147, the following words:- “; provided further, that the program shall not be mandatory for an applicant who is participating in a substance abuse treatment program while in a substance abuse shelter or other inpatient program”.

REDRAFT Clerk #15

Change of Residence

Messrs. Tarr, Hedlund, Knapik, Ross, Rush and Timilty and Michael O. Moore move to amend the bill (Senate, No. 1805) by inserting after section _ the following section:-

SECTION _. Subsection D of section 2 of chapter 18 of the General Laws, as so appearing, is hereby further amended by adding  the following clause:—

(_) the termination of benefits to any recipient who has failed to notify the department of a change of address, and who the department has attempted to contact by certified mail, but whose mail communication has been returned to the department as undeliverable; provided, however, that the department, after receiving notice that the mail communication has been returned as undeliverable or returned with a Massachusetts forwarding address, shall use all available means to determine the address of the recipient and, in the event that it cannot be determined, subject the recipient’s case for further review as to continued eligibility.

Clerk #16

Paperwork Reduction

Mr. Ross moves to amend the bill by striking out Section 25 and inserting in place thereof the following section:-

SECTION 25. The commissioner of department of transitional assistance shall increase efficiency through:

            (1) Reducing the use of paper through maximizing the available uses of information technology, including alternative information technologies to substitute for paper and increasing the use of electronic methods for the maintenance, submission, or disclosure of information, to improve data quality, agency efficiency and responsiveness to the public;
            (2) Eliminating costly and wasteful government publications through the expanded use of electronic methods for distribution of documentation throughout state government, where feasible and appropriate;
            (3) Eliminating duplicative permitting and paperwork requirements through implementing inter-agency file sharing technologies in order that electronically stored data can be viewed and routed, where appropriate, by multiple agencies.

Section 2.  The commissioner shall investigate any current statutory impediments for the reduction of the use of paper by state government and any impediments both statutory and technological, for more efficient electronic data storage and dissemination.  The commissioner shall submit his findings, along with any legislative recommendations to address those findings, to the house and senate clerks, and the joint committee on education no later than October 31, 2013.

Clerk #17

Enhanced Photo Identification

Mr. Michael O. Moore moves to amend the bill (Senate, No. 1805), in section 30, by adding the following sentence:-
“The department of transitional assistance shall work with the registry of motor vehicles to access and cross-share facial recognition data and resources for the purpose of identifying potential fraud no later than December 31, 2014. The department shall report to the bureau of special investigations, district attorney or appropriate law enforcement entities, for such action as they may deem proper, any case where there is reason to believe that fraud has been committed.”

REDRAFT Clerk #18

Liquor and Lottery License Suspensions

Messrs. Hedlund, Tarr, Ross and Knapik and Michael O. Moore move that Senate Bill 1805 be amended by inserting after section 37, the following new section:-:-

“SECTION 4A.  Said section 5J of said chapter 18, as so appearing, is hereby further amended by striking out subsections (b) and (c) and inserting in place thereof the following sections:-

(b) A store owner who knowingly violates this section and who also possesses a license to sell alcoholic beverages under section 12 of chapter 138 shall be referred to the appropriate licensing authority for possible disciplinary action pursuant to section 64 of said chapter 138.  A store owner possessing a license under said section 12 of said chapter 138 who knowingly violates this section a second or subsequent time shall have its license suspended for not less than 30 days and shall be referred to the appropriate licensing authority for possible further disciplinary action under said section 64 of said chapter 138.

(c) A store owner who knowingly violates this section and who also possesses a license to sell lottery tickets under sections 26 and 27 of chapter 10 shall be referred to the director of the state lottery commission for possible disciplinary action. A store owner possessing a license under said section 26 or 27 of said chapter 10  who knowingly violates this section a second or subsequent time shall have its license suspended for not less than 30 days and shall be referred to the director of the state lottery commission for possible further disciplinary action.”

REDRAFT Clerk #19

Increase in Penalties for Store Owners

Messrs. Rush, Keenan, Welch and Timilty move to amend the bill (Senate, No. 1805), in section 5, by striking out, in lines 121 and 122, the words “more than $500 for a first offense, not less than $500 nor more than $2,500 for a second offense and not less than $2,500” and inserting in place thereof the following words:-  “less than $100 nor more than $500 for a first offense, not less than $1000 nor more than $2,500 for a second offense and not less than $5,000.

Upon a fourth offense within the same calendar year, the department may initiate a review of the establishment’s authorization to accept electronic bank transfer cards, and may, consistent with the severity of the offenses recorded and to the extent permitted by state and federal law, temporarily or permanently revoke the establishment’s authorization.”

Clerk #20

Targeted Cash Restrictions

Messrs. Tarr, Hedlund, Knapik and Ross move to amend the bill (Senate, No.  1805) by inserting after section _ the following section:-

SECTION _ . (a) the department of transitional assistance develop a system to exclude cash access and alternatively provide benefits in the form of vendor payments, special service payments, protective payments or vouchers to not less than 10 per cent of grantees; provided, however, that said vendor payments, special service payments, protective payments or vouchers shall be issued to grantees the department determines to be most likely to be using assistance benefits against the best interest of the child or most at risk of improper or illegal use of assistance benefits.  When determining grantees that shall be excluded from cash access, the department may consider any evidence it believes relevant to identifying misuse or high-risk grantees, including but not limited to the following: (i) failure to pay shelter costs, including, but not limited to, rent, heat, fuel and utilities; (ii) prior intentional program violations; (iii) evidence that the grantee is living above the means said grantee represented in his or her representations to the department; (iv) 2 or more card replacement requests; (v) fraud determinations in other state or federal benefit programs; (vi) even dollar transactions; (vii) out of state card activity; (viii) manual card entry; (ix) full supplemental nutritional assistance program balance withdrawals; or (x) multiple transactions within one hour.

(b) The department shall promulgate all rules and regulations necessary to carry out this section.

Clerk #21

Online Reporting

Mr. Ross moves to amend the bill by inserting the following new section:-

SECTION XX. Notwithstanding any general or special law to the contrary, all secretariats, commissioners, departments and agencies required to submit reports under this act shall file their reports by the dates required in this act via electronic means to the chairs of any committees named as recipients as well as with the clerks of the senate and house of representatives; provided, however, that the house and senate clerks shall develop procedures and requirements for secretariats, commissioners, departments and agencies for the preparation of the reports to facilitate their collection and storage and the reports shall be made available to the public on the general court’s website, omitting any personal information about individuals receiving benefits through the department of transitional assistance.

Clerk #22

Economic Independence Goals Regulations

Mr. Barrett moves to amend the bill (Senate, No. 1805), in section 9, in proposed section 15 of chapter 118 of the General Laws, by adding the following sentence:-  
“The department shall promulgate regulations in accordance with this section.”

REDRAFT Clerk #23

Television and Electronics

Mr. Rush moves to amend the bill (Senate, No. 1805) by inserting after section 4 the following 2 sections:-

“SECTION XX.  Subsection (b) of section 5I of said chapter 18, as appearing in section 2 of chapter 161 of the acts of 2012, is hereby amended by inserting after the word “jewelry;” the following words:- televisions, stereos, video games or consoles at a rent-to-own store;

SECTION XX.  Section 5J of said chapter 18, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-   

(a) The department shall maintain policies and practices as necessary to prevent cash assistance provided under this chapter from being used in any electronic benefit transfer transaction at: liquor stores; casinos, gambling casinos or gaming establishments licensed under chapter 23K; retail establishments which provide adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment, as defined in Section 408(a) of the Social Security Act, as amended; adult bookstores or adult paraphernalia stores, as defined in section 9A of chapter 40A; firearms dealers licensed under section 122 of chapter 140 and ammunitions dealers licensed under section 122B of chapter 140; tattoo parlors; manicure shops or aesthetic shops registered under chapter 112; jewelry stores; or on cruise ships. Such establishments shall not accept electronic benefits transfer cards. A store owner who knowingly allows a prohibited electronic benefit transfer transaction in violation of this section or subsection (b) of section 5I shall be punished by a fine of not more than $500 for a first offense, by a fine of not less than $500 nor more than $2,500 for a second offense and by a fine of not less than $2,500 for a third or subsequent offense.”

REDRAFT Clerk #24

Economic Independence Account Refinements

Mr. Barrett, Ms. Jehlen and Ms. Forry moves to amend the bill (Senate, No. 1805), in section 9, by striking out, in line 239, the words “limited emergency needs, as determined by the department” and inserting in place thereof the following words:- “a department approved purpose”; and in section 9 by striking out, in lines 240 and 241, the words “an emergency or”.

Clerk #25

Self-Declarations

Mr. Ross moves to amend the bill, in section 6, by striking out, in line 128, the words:- “, if possible,”

Clerk #26

Out of State Absence

Mr. Hedlund moves that Senate Bill 1805 be amended by striking, in Section 9, the words “30 calendar days” in lines 190 and 191, and inserting in place thereof the following:- “7 calendar days, unless a waiver is granted by the Department of Transitional Assistance Assistant Commissioner of Program Integrity’s office”

Redraft Clerk #27

Alternative Education Programs

Ms. Donoghue and Messrs. DiDomenico and Finegold and Ms. Clark move to amend the bill (Senate, No. 1805) by inserting after section 19 the following section:-

“SECTION 19A. Said section 121 of said chapter 5 is hereby further amended by adding the following clause:-

(3) For purposes of this section, participation in an alternative education program or a general education development preparation and training program shall meet the school attendance requirement.”

REDRAFT Clerk #28

Clarifying social security number requirements

Mr. Wolf moves to amend the bill (Senate, No. 1805) in section 8, by inserting after the word “(A)”, in line 157, the following words: “or 106 CMR 320.620 (A)”.

Clerk #29

Distant Purchases

Messrs. Tarr, Hedlund, Knapik and Ross move to amend the bill (Senate, No. 1805) in section 5 by adding the following section:-

Section 5P.  The department shall place any grantee that uses direct cash assistance issued by the Commonwealth for purchases in states other than Massachusetts, New Hampshire, Connecticut, Rhode Island, New York, and Vermont in the high risk client group under section 37.  Said purchase shall cause the department to issue a special case review of said grantee to ensure that said grantee is fully compliant with the income, asset, identity and residency requirements for said benefits and all other rules and regulations of the department. 

Redraft Clerk #30

Motor Vehicle Assets

Messrs. Tarr and Ross moves to amend the bill (Senate No. 1805) by striking Section 12 and inserting in place thereof  the following section:-

SECTION 12. Subsection (b) of said section 110 of said chapter 5, as amended by section 308 of chapter 159 of the acts of 2000, is hereby further amended by striking out the words “provided, however, that the fair market value of any licensed motor vehicle does not exceed an amount determined by the commissioner in consultation with the secretary of the executive office of transportation and construction and the equity value of any licensed motor vehicle does not exceed $5,000; provided, further, that any value in excess of said five thousand dollars shall be attributed toward said family’s countable resources” and inserting in place thereof the following words:- provided, however, that an assistance unit shall be allowed 1 non-luxury vehicle the value of which does not exceed $15,000; provided, however, that any value in excess of $15,000 shall be attributed toward said family’s countable resources; and provided further, however, that the commissioner, deputy commissioner or an assistant commissioner may grant a full or partial written waiver for a vehicle valued in excess of $15,000  that the commissioner, deputy commissioner or assistant commissioner determines is necessary for a particular employment or family circumstance.

Clerk #31

Regarding Truancy and Housing

Ms. Spilka, Ms. Creem, Ms. Clark and Messrs. Keenan and Eldridge and Ms. Jehlen move to amend the bill (Senate, No. 1805) by striking SECTION 10 in its entirety.

Clerk #32

Poverty Reduction Commission

Ms. Spilka and Mr. Wolf move to amend the bill (Senate, No. 1805) by inserting at the end thereof the following new section:-

“SECTION XX. There shall be a standing commission to investigate and study how poverty in the commonwealth can be reduced by 10 per cent in the next 5 years and 20 per cent in the next 10 years by engaging the public, private, and non-profit sectors drawn from all regions of the commonwealth and representing rural, urban and suburban populations. The investigation and study shall include, but not be limited to: (1) appropriate measures of poverty; (2) the root causes of poverty; (3) analysis of income inequality in Massachusetts, in particular examining the number of people and families in the commonwealth living below 200 per cent of the federal poverty level and the socio-economic challenges they face, while also calculating the number of people and families living at multiples above the federal poverty level; (4) violence in urban areas, particularly gun violence, and its effect on youth, commercial activity, and job opportunities in the community; (5) the number and types of existing jobs and the economically competitive strengths of the commonwealth; (6) obstacles to job opportunities for the poor; (7) recent examples and categories of successful paths out of poverty for youth, families, and neighborhoods; and (8) successful approaches and innovative system change efforts to reducing poverty and violence from within the commonwealth and throughout North America. The commission shall also produce data, estimates, and conduct analysis on the potential long-term municipal and state government savings that would result from effective poverty reduction efforts throughout the commonwealth as the number of people in need of government safety net spending is reduced. The commission shall establish and methodology for calculating annually relevant and appropriate metrics of poverty in the commonwealth.

The commission shall consist of the following 26 members: the secretary of administration and finance, or a designee; the secretary of housing and economic development, or a designee; the secretary of health and human services, or a designee; the secretary of transportation, or a designee; the secretary of labor and workforce development, or a designee; the secretary of education, or a designee; the secretary of public safety and security, or a designee; 2 appointees to be chosen by the speaker of the house of representatives; 2 appointees to be chosen by the president of the senate; 1appointee to be chosen by the minority leader of the house of representatives; 1 appointee to be chosen by the minority leader of the senate; 1 appointee to be chosen by the Massachusetts Mayors Association; 1 appointee to be chosen by the Massachusetts Non-Profit Network; 1 appointee to be chosen by the MassInc.; 1 appointee to be chosen by a Massachusetts based philanthropic  foundation; 1 appointee to be chosen by FSG or similar social impact consultant; 1 appointee to be chosen by the Institute for a Competitive Inner-City; 1 appointee to be chosen by the Massachusetts AFL-CIO; 1 appointee to be chosen by the Massachusetts Budget and Policy Center; 1 appointee to be chosen by a chamber of commerce in the commonwealth; 1 appointee to be chosen by the Massachusetts Council of Churches; 1 appointee to be chosen by the Massachusetts Association for Community Action; 1 appointee to be chosen by Massachusetts Law Reform Institute on behalf of organizations providing legal services to low-income people; and 1 appointee to be chosen by the National Association of Social Workers, Massachusetts Chapter.

The commission shall report its findings to the general court, along with any legislation necessary to carry its recommendations into effect, by filing the same with the clerks of the house of representatives and the senate on or before November 30, 2013."

Clerk #33

Fraud Detection for ATM withdrawals

Mr. Ross moves to amend the bill, in section 8, by striking out, in line 174, the words “and (iv)” and inserting in place thereof the following words:-“(iv) withdrawals from automated teller machines in businesses where at least 50 per cent of the retail goods are prohibited under subsection (b) of section 5I; and (v)”.

REDRAFT Clerk #34

Relative to Initial Job Searches

Mr. Keenan moves to amend the bill (S.1805), in Section 9, by inserting after the word “contacted”, in line 198, the following word:- “recently”.

Clerk #35

Substance Abuse Treatment

Messrs. Tarr, Hedlund, Knapik and Ross move to amend the bill (Senate, No. 1805) in Section 8, by adding the following section:-

Section 38.  The department of transitional assistance shall develop a system to exclude cash access and alternatively provide benefits in the form of vendor payments, special service payments, protective payments or vouchers to grantees arrested upon probable cause for a violation of chapter 94C and subsequently testing positive for a controlled substance in a test conducted pursuant to regulations promulgated by the department;  or grantees pleading guilty or nolo contendere or admitting to a finding of sufficient facts or that are found or adjudged guilty by a court of competent jurisdiction, whether or not the grantee was placed on probation without sentence or under a suspended sentence or the case was placed on file, for a violation involving a controlled substance under chapter 94C.  If a grantee arrested upon probable cause refuses to submit to a test for controlled substance said grantee shall be excluded from cash access.  If a grantee is arrested upon probable cause and subsequently tests positive for a controlled substance, the grantee shall have the cost of administering the controlled substance test deducted from said grantees benefit payment.  If a grantee is arrested upon probable cause and subsequently tests negative for a controlled substance, the cost of administering the substance abuse test shall be paid by the department.  Any grantee excluded from cash access pursuant to this section shall be placed in the high-risk client group under Section 37 and shall be referred to a substance abuse and mental health specialist.

Clerk #36

Regarding Client Group Risk Assessments

Mr. Keenan moves to amend the bill (S.1805), in Section 8, by inserting after the words “based upon their risk assessment” in lines 183 and 184 the following:- ; provided that no client group, applicant or recipient shall be assessed as high- or low-risk based solely or primarily on their race, gender, ethnicity, religion, nationality, or disability status.

Clerk #37

Authorized Users

Mr. Ross moves to amend the bill, in section 5, in line 113, by inserting after the word “card” the following words:- ; provided, however, that a record of all authorized users is maintained by the department and attested to under the penalties of perjury. All non-EBT card holders using cards on behalf of another must be identified, given prior authorization and have their use of these cards tracked. A facility provider, guardian, or caregiver shall be deemed an authorized user for individuals receiving benefits from Emergency Aid to Elders, Disabled and Children (EAEDC). The department shall include on the front of each newly issued and re-issued electronic benefit transfer card a photograph of each authorized user.

Clerk #38

Extension of Benefits

Mr. Wolf moves to amend the bill (Senate, No. 1805) in SECTION 16, line 323, by inserting after the words “shall not exceed 3 months”, the following: “at a time and that any extension must be approved by the commissioner or the commissioner’s designee.”

Clerk #39

Age Requirements

Mr. Ross moves to amend the bill in Section 10, by striking out the figure “16” each time it appears, and inserting in place thereof the following figure:- 17

                Redraft Clerk #40

Full Employment Advisory Commission

Mr. Barrett, Ms. Jehlen, Ms. Clark and Ms. Forry move to amend the bill (Senate, No. 1805), in section 18, in line 371, by inserting after the word “resources” the following words:- “In the development of the full employment program the Commonwealth Corporation shall consult with workforce training providers and employers representing emerging and high-demand job sectors.”

Further Clerk #40.1

Full Employment Advisory Commission

 “Ms. Forry moves to amend the pending amendment (No. 40) by inserting after the word “opportunities;” the following language, “how to ensure linguistically and culturally relevant education and training opportunities are made available,”

Redraft Clerk #41

Extensions

Messrs. Ross, Tarr, Hedlund, and Knapik move to amend the bill by inserting the following new section:-

SECTION XX. Subsection (f) of section 110 of chapter 5 of the acts of 1995 is hereby amended by adding after the first sentence the following language:- ;provided, however, that said extension is supported by a written decision by the commissioner, deputy commissioner or assistant commissioner and included in the reporting requirements of clause (k) of paragraph (B) of section 2 of chapter 18.

Clerk #42

Benefit Eligibility Verification Integrity

Mr. Tarr moves to amend the bill (Senate No. 1805) by inserting after section 2 the following section:-

SECTION _. Section 16 of chapter 6A of the General Laws, as most recently amended by section 5 of chapter 224 of the acts of 2012, is hereby further amended by adding the following paragraphs:-

The executive office of health and human services shall establish and maintain a computerized income, asset, and identity eligibility verification system, hereafter referred to as an integrated eligibility system, in compliance with chapter 66A; provided that information held pursuant to the establishment of this system is used in a manner that meets all applicable federal and state privacy and security requirements, to aggregate data necessary to verify income, assets, and identity when determining an applicant’s eligibility for assistance, prior to the distribution of benefits and during eligibility reviews, in order to eliminate the duplication of assistance and deter fraud within each public benefits program administered by the office. 

The verification system shall include a statewide document imaging system to track applicant and recipient eligibility documents, including the costs of ensuring said documents are properly categorized and accessible in a secure centralized location.

The office may enter into contracts with third-party vendors for the purposes of developing and maintaining the integrated eligibility system; provided that any such vendor shall be required by contract to establish annualized savings realized from the implementation of the integrated verification system and savings shall exceed the total yearly cost to the state for implementing the integrated verification system.

The office shall require all departments, offices, and divisions under the authority of the office, that are administering public benefits programs, prior to awarding, continuing, or reissuing public assistance, to use the integrated eligibility system to match the social security number of each applicant for or recipient of public assistance against, at minimum, information provided by the following public records data sources:
            (1) a nationwide public records data source of physical asset ownership such as real property, automobiles, watercraft, aircraft and luxury vehicles;
            (2) the department of revenue;
            (3) undisclosed depository account information and account balances of disclosed accounts at national and local financial institutions;
            (4) a nationwide public records data source of incarcerated individuals;
            (5) outstanding default or arrest warrant information maintained by the criminal history systems board, the criminal justice information system, and the warrant management system;
            (6) a nationwide best-address and driver's license data source to verify individuals are residents of the commonwealth;
            (7) the registry of motor vehicles;
            (8) the department of elementary and secondary education;
            (9) a comprehensive public records database that identifies potential identity fraud or identity theft that can closely associate name, social security number, date of birth, phone and address information; and
            (10) a database which is substantially similar to or a successor of a database mentioned in this section.

The office shall require all departments, offices, and divisions, under the authority of the office, that are administering public benefits programs, prior to awarding, continuing, or reissuing public assistance, to use the integrated eligibility system to match the social security number of each applicant and recipient of public assistance against information provided by the following data sources, to the extent such data sources are available:
            (1) unearned income information maintained by the Internal Revenue Service;
            (2) employer quarterly reports of income and unemployment insurance payment information maintained by the department of labor and workforce development;
            (3) earned income information maintained by the Social Security Administration;
            (4) immigration status information maintained by the United States Citizenship and Immigration Services;
            (5) death register information maintained by the Social Security Administration;
            (6) prisoner information maintained by the Social Security Administration;
            (7) public housing and Section 8 Housing Assistance payment information maintained by the Department of Housing and Urban Development and the Massachusetts public housing authorities;
            (8) national fleeing felon information maintained by the Federal Bureau of Investigation;
            (9) wage reporting and similar information maintained by states contiguous to this State;
            (10) beneficiary records and earnings information maintained by the Social Security Administration in its Beneficiary and Earnings Data Exchange (BENDEX) database;
            (11) earnings and pension information maintained by the Social Security Administration in its Beneficiary Earnings Exchange Record System (BEERS) database;
            (12) employment information maintained by the department of labor and workforce development and the department of unemployment assistance;
            (13) employment information maintained by the United States Department of Health and Human Services in its National Directory of New Hires database;
            (14) supplemental Security Income information maintained by the Social Security Administration in its SSI State Data Exchange (SDX) database;
            (15) workers compensation information maintained by the department of industrial accidents;
            (16) veterans’ benefits information maintained by the United States Department of Health and Human Services, in coordination with the Massachusetts department of health and human services and department of veterans’ affairs, in the federal Public Assistance Reporting Information System (PARIS) database;
            (17) child care services information maintained by the department of children and families;
            (18) utility payments information maintained by the department of housing and community development under the low income home energy assistance program;
            (19) emergency utility payment information maintained by local cities and towns or councils on aging;
            (20) a database of all persons who currently hold a license, permit, or certificate from a State agency the cost of which exceeds $1,000; and
            (21) a database which is substantially similar to or a successor of a database mentioned in this section.

The office shall work with the departments, offices, or divisions, under the authority of the office, that assist in the administration of public benefit programs to develop uniform rules and regulations regarding intake procedures and procedures for handling discrepancies that may result between an applicant or recipient’s social security number and one or more of the databases or information tools outlined in this section; provided that an applicant or recipient shall be notified of any discrepancy that arises between their social security number and information retrieved by the integrated eligibility system and the applicant or recipient shall be provided an opportunity to explain any discrepancy

Nothing in this section shall preclude the office or any department, office, or division, under the authority of the office, that assists in the administration of public assistance, from conducting additional eligibility verification processes not detailed in this section.”

Clerk #43

Update of the BEACON System

Mr. Ross moves to amend the bill by inserting the following new section:-

SECTION XX. Notwithstanding any general or special law to the contrary, the department of transitional assistance shall update its BEACON system to automatically notify a caseworker about periodic documentation update requirements for individuals receiving benefits from SNAP, TAFDC, or EAEDC; provided further, that these notifications shall include, but not be limited to, immunizations, work requirements, school verification records, and absent parent declarations. 

Clerk #44

DTA REPORTING REQUIREMENT

Messrs. Tarr, Hedlund, Knapik and Ross move to amend the bill (Senate, No. 1805) by adding the following section:-

“SECTION__. The commissioner of the department of transitional assistance shall, within six months of the effective date of this act, report on the specific progress the department is making to address each problem associated with the use of electronic benefit transfer cards identified in the May 28, 2013 state auditor’s report and the inspector general’s January 2013 report, including but not limited to the proper verification of social security numbers; the proper verification of assets and incomes; the prevalence of replacement card requests; the controlled storage of EBT cards; and any other steps being taken to eliminate fraud and abuse.  Said report shall be made available on the website of the department and submitted to the house and senate committees on ways and means, the house and senate chairs of the joint committee on children, families and persons with disabilities, and the clerks of the house and the senate.”

Clerk #45

ENSURING A FAIR MINIMUM WAGE

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

“SECTION ___. SECTION 1. Section 1 of chapter 151 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 5, the figure “$8.00” and inserting in place thereof the following figure: - $9.00.

SECTION 2. Said section 1 of said chapter 151 is hereby further amended by striking out the figure “$9.00”, inserted by section 1, and inserting in place thereof the following figure:- $10.00.

SECTION 3. Said section 1 of said chapter 151 is hereby further amended by striking out the figure “$10.00”, inserted by section 2, and inserting in place thereof the following figure:- $11.00.

SECTION 4. Said section 1 of said chapter 151 is hereby amended by inserting, in line 10, after the word “nine”, the following words:- Beginning in 2016, and in each year thereafter, the minimum wage shall be adjusted based upon the twelve-month percentage increase, if any, in the Consumer Price Index for all Urban Consumers (or a successor index, if any) as published by the Bureau of Labor Statistics of the United States Department of Labor, based on the most recent twelve-month period for which data is available at the time that the adjustment is made, and rounded up to the nearest five cents. The adjusted minimum wage shall be calculated and announced by April 1 of each year, and shall become effective as the new minimum wage on July 1 of each year.

SECTION 5. Said section 1 of said chapter 151 is hereby further amended by striking out, in line 12, the figure “$.10” and inserting in place thereof the following figure:- $1.50.

SECTION 6. Said chapter 151, as so appearing, is hereby further amended by striking out section 1A, as appearing in the 2010 Official Edition, and inserting in place thereof the following section:-.

Except as otherwise provided in this section, no employer in the commonwealth shall employ any of his employees in an occupation, as defined in section two, for a work week longer than forty hours, unless such employee receives compensation for his employment in excess of forty hours at a rate not less than one and one half times the regular rate at which he is employed. Sums paid as commissions, drawing accounts, bonuses, or other incentive pay based on sales or production, shall be excluded in computing the regular rate and the overtime rate of compensation under the provisions of this section. In any work week in which an employee of a retail business is employed on a Sunday or certain holidays at a rate of one and one-half times the regular rate of compensation at which he is employed as provided in chapter 136, the hours so worked on Sunday or certain holidays shall be excluded from the calculation of overtime pay as required by this section, unless a collectively bargained labor agreement provides otherwise. Except as otherwise provided in the second sentence, nothing in this section shall be construed to otherwise limit an employee’s right to receive one and one-half times the regular rate of compensation for an employee on Sundays or certain holidays or to limit the voluntary nature of work on Sundays or certain holidays, as provided for in said chapter 136.

This section shall not be applicable to any employee who is employed:—
            (1) as a janitor or caretaker of residential property, who when furnished with living quarters is paid a wage of not less than thirty dollars per week.
            (2) as a golf caddy, newsboy or child actor or performer.
            (3) as a bona fide executive, or administrative or professional person or qualified trainee for such position earning more than eighty dollars per week.
            (4) as an outside salesman or outside buyer.
            (5) as a learner, apprentice or handicapped person under a special license as provided in section nine.
            (6) as a fisherman or as a person employed in the catching or taking of any kind of fish, shellfish or other aquatic forms of animal and vegetable life.
            (7) as a switchboard operator in a public telephone exchange.
            (8) as a driver or helper on a truck with respect to whom the Interstate Commerce Commission has power to establish qualifications and maximum hours of service pursuant to the provisions of section two hundred and four of the motor carrier act of nineteen hundred and thirty-five, or as employee of an employer subject to the provisions of Part 1 of the Interstate Commerce Act or subject to title II of the Railway Labor Act.
            (9) in a business or specified operation of a business which is carried on during a period or accumulated periods not in excess of one hundred and twenty days in any year, and determined by the commissioner to be seasonal in nature.
            (10) as a seaman.
            (11) by an employer licensed and regulated pursuant to chapter one hundred and fifty-nine A.
            (12) as a garageman, which term shall not include a parking lot attendant.
            (13) in a non-profit school or college.
            (14) in a summer camp operated by a non-profit charitable corporation.
            (15) as a laborer engaged in agriculture and farming on a farm.
            (16) in an amusement park containing a permanent aggregation of amusement devices, games, shows, and other attractions operated during a period or accumulated periods not in excess of one hundred and fifty days in any one year.

SECTION 7. Section 2 of said chapter 151, as so appearing, is hereby amended by striking out, in line 27, the words “agricultural and farm work”.

SECTION 8. Section 7 of said chapter 151, as so appearing, is hereby amended by striking out, in lines 30 and 31, the words “the cash wage required to be paid such an employee on July 1, 1999” and inserting in place thereof the words:-
70 percent of the wage in effect under section 1 of this chapter

SECTION 9. Section 20A of said chapter 151, as so appearing, is hereby amended by striking out, in line 2, the word “two” and inserting in place thereof the word:- Three

SECTION 10. Section 1 shall take effect 60 days after enactment.

SECTION 11. Section 2 shall take effect on July 1, 2014.

SECTION 12. Section 3 shall take effect on July 1, 2015.”

Clerk #46

State Grants & Work Study Programs

Mr. Eldridge moves to amend the bill (Senate, No. 1805) by inserting at the end thereof the following section:-

SECTION X. Notwithstanding any general or special law to the contrary, payments under state or private work study programs and state grants for education or training shall not be counted as income or a resource in determining eligibility for or benefits levels under the program of emergency aid to elders, disabled and children under chapter 117A of the General Laws and the program of transitional aid to families with dependent children under chapter 118 of the General Laws.

REDRAFT Clerk #47

Assets to Promote Economic Independence

Mr. Eldridge, Ms. Jehlen,  Ms. Forry, and Ms. Creem and Michael O. Moore moves to amend the bill (Senate, No. 1805), in Section 9, by inserting after the word “deposit”, in line 231, the following words:- “, or for costs related to education or training”

REDRAFT Clerk #48

EBT Conditional Suspension

Messrs. Timilty and Rush moves to amend the bill (S. 1805) by adding at the end thereof the following new section:-

Section X.  Notwithstanding any general or special law to the contrary, the department of transitional assistance shall develop protocols for coordinating information with federal, state, and local law enforcement agencies and the administrative office of the trial court regarding recipients of publicly-funded benefits who are the subject of felony warrants.  The protocols shall be designed to use the department’s records to facilitate proper notice to the individual and the department shall, upon request, provide all relevant information to law enforcement or the court to facilitate the timely resolution of the warrant. 

Clerk #49

Disability Standard and Pregnancy Work Exemption

Mr. Eldridge moves that the bill (Senate, No. 1805) be amended by striking Section 14 and Section 15.

REDRAFT Clerk #50

Access to Education and Training

Ms. Donoghue and Ms. Chang-Diaz move to amend the bill (Senate, No. 1805) by inserting after section 17 the following section:-

“Section 17A.  Said subsection (j) of said section 110 of said chapter 5 of the acts of 1995, as amended by section 218 of chapter 149 of the acts of 2004, is hereby amended by inserting after the second paragraph the following paragraph:-

An individual receiving cash assistance under transitional aid to families with dependent children, who is not exempt from the work requirements as determined through regulations promulgated by the department, may meet the work requirements by participating in an education or training activity for up to the required hours per week as determined by the department. The education or training activity shall not exceed 12 months; provided however, that the department of transitional assistance may extend the duration of the education or training activity eligible towards the work requirement, if the department determines, using performance standards established by the department, that the individual is making substantial progress towards completion of a certificate or degree program. The department shall promulgate regulations in accordance with this section.”Clerk #51

Voter Registration by Mail

Mr. Knapik moves to amend the bill (Senate, No. 1805), by inserting at the end thereof the following new section:-

SECTION X. “Notwithstanding any general or special law to the contrary, a registration agency as defined in section 1 of chapter 50 of the General Laws shall be prohibited from engaging in any activities related to voter registration by mail.

This section shall not apply to the office of the secretary of the commonwealth of Massachusetts.”

Clerk #52

Ensuring Taxpayer Savings and Cost-Efficiency

Mr. Eldridge and Ms. Chang-Diaz move to amend the bill (Senate No. 1805), in SECTION 5, subsection 5O, by inserting at the end thereof the following words: The provisions of this section shall take effect upon a determination by the State Auditor, to be filed with the chairs of the House and Senate Committees on Ways and Means and of the Joint Committee on Children, Families, and Persons with Disabilities, and published on the State Auditor’s website, that such provisions will save more taxpayer dollars than they will expend, and that there is no more cost-efficient method to achieve the same or greater fraud-prevention outcomes.

And further moves to amend the bill, in SECTION 30, by striking the text thereof and inserting the following words: All electronic benefit cards shall include a photograph of the cardholder under section 5O of chapter 18 of the General Laws within one year of the determination by the State Auditor under same the section.

Clerk #53

Self-declarations

Mr. Wolf moves to amend the bill (Senate, No. 1805) in SECTION 6, lines 128 and 129, by striking “and, if possible shall not be accepted as the sole verification of categorical and financial eligibility during eligibility evaluations and reviews” and by inserting the following:  “The department shall attempt to further verify financial or categorical information during eligibility evaluations and reviews.  If such attempts are unsuccessful because a third party has failed to cooperate, the department shall determine eligibility based on the best available information."  

Clerk #54

Ensuring Taxpayer Savings and Cost-Efficiency

Ms. Chang-Díaz and Mr. Eldridge move to amend the bill (Senate No. 1805), in SECTION 5, subsection 5O, by inserting at the end thereof the following words:- “(c) The provisions of this section shall take effect upon a determination by the State Auditor, to be filed with the chairs of the House and Senate Committees on Ways and Means and of the Joint Committee on Children, Families, and Persons with Disabilities, and published on the State Auditor’s website, that such provisions will save more taxpayer dollars than they will expend, and that there is no more cost-efficient method to achieve the same or greater fraud-prevention outcomes.”

and by striking out SECTION 30 and inserting in place thereof the following words:-

“SECTION 30. All electronic benefit cards shall include a photograph of the cardholder under section 5O of chapter 18 of the General Laws within one year of the determination by the State Auditor under same the section.”

Clerk #55

Increased Penalties for Store Owners

Mr. Welch moves to amend (Senate, No. 1805), in section 5O, by inserting at the end of line 113 the following:-

SECTION 1: “Following a fourth offense in a calendar year, a store owner shall be punished by a 30-day suspension of the license to accept electronic benefit transfer cards and/or a fine of not less than $5,000.  Habitual offenders shall be punished by a permanent revocation of the ability to accept electronic benefit transfer cards at the location(s) where the offenses occurred and/or a fine of not less than $10,000.  A habitual offender shall be defined as a store owner and/or employee(s) who have 8 separate offenses in 3 calendar years at a single store location.”

Clerk #56

Replacement Cards

Messrs. Ross, Tarr, Hedlund and Knapik move to amend the bill by inserting the following sections:-

SECTION XX. Clause (i) of Section 1 of Chapter 161 of the Acts of 2012 is hereby amended by inserting after the figure “$5” the following words:- for an initial replacement and not less than $20 for a second or subsequent replacement.

SECTION XX.   Clause (j) of Section 1 of Chapter 161 of the Acts of 2012 is hereby amended by striking out the figure “3” and inserting in place thereof the following figure:- “2”.

Redraft Clerk #57

Disabled Individuals

Ms. Spilka, Ms. Jehlen and Mr. McGee move to amend the bill (Senate, No. 1805) by inserting in SECTION 14, in line 303, after the words “42 U.S.C.A. § 423 (d)” the following words:- “, or in the commissioner's discretion, a recipient who has  been determined by the commonwealth’s disability evaluation service to have a disability that substantially reduces his or her ability to support her or his children taking into account the individual’s age, education and work experience”

Redraft Clerk #58

EDUCATION AND TRAINING CERTIFICATION

Messrs. Tarr, Ross and Knapik and Michael O. Moore move to amend the bill (Senate, No. 1805), in Section 18, by inserting at the end of the second paragraph the following:-  “The Commonwealth Corporation shall monitor the participation of applicants in the educational or training programs to which they are referred and the applicant shall provide documentation to the department of such participation. No cash assistance shall be provided absent such documentation.”

Clerk #59

Increased Penalties for Store Owners and Licensed Lottery Vendors

Mr. Welch moves to amend (Senate, No. 1805), in section 5O, by inserting at the end of line 113 the following:-

SECTION 1: “Following a fourth offense in a calendar year, a store owner shall be punished by a 30-day suspension of the license to accept electronic benefit transfer cards and/or a fine of not less than $5,000.  Furthermore, following a fourth offense in a calendar year, a store owner who is also a licensed Massachusetts lottery vendor shall be punished by a 30-day suspension of the store owner’s lottery license.  Habitual offenders shall be punished by a permanent revocation of the ability to accept electronic benefit transfer cards at the location(s) where the offenses occurred and/or a fine of not less than $10,000. A habitual offender shall be defined as a store owner and/or employee(s) who have 8 separate offenses in 3 calendar years at a single store location.”

Redraft Clerk # 60

Job Diversion Program

Ms. Spilka moves to amend the bill (Senate, No. 1805) in SECTION 9, at line 196 after the word assistance, by inserting the following: 

“unless the applicant has good cause for not participating as determined by the department which may include disability.   The department shall inform all applicants required to conduct an initial job search of available local job placement service providers”

and at line 205 by striking”who are not exempt from the work requirements” and inserting in place thereof the following: “
“who are meeting their work requirement through job search”

Clerk #61

Increased Penalties for Habitual Offenders

Mr. Welch moves to amend (Senate, No. 1805), in section 5O, by inserting at the end of line 113 the following:-

SECTION 1: “Habitual offenders shall be punished by a permanent revocation of the ability to accept electronic benefit transfer cards at the location(s) where the offenses occurred and/or a fine of not less than $10,000. A habitual offender shall be defined as a store owner and/or employee(s) who have 8 separate offenses in 3 calendar years at a single store location.”

Clerk #62

Penalties of perjury

Mr. Wolf moves to amend the bill (Senate, No. 1805) in SECTION 7, line 136 by inserting after the words "under the penalties of perjury" the following: "when the department has determined that the work participation documentation presented by the applicant or recipient appears questionable and the information cannot be otherwise confirmed by the caseworker through direct communication with the third party."  

Clerk #63

EBT Photo ID

Mr. Eldridge and Ms. Chang-Díaz move that the bill (Senate, No. 1805) be amended by striking out Section 5 and Section 30.

REDRAFT Clerk #64

Reducing Barriers to Benefits from Photo ID

Ms. Creem, Ms. Jehlen, and Ms. Clark move to amend the bill (Senate, No. 1805) in section  5, by striking out the first paragraph of proposed section 5O of chapter 18 of the General Laws and inserting in place thereof the following 3 paragraphs:-

 "(a) The department shall include on the front of newly issued and re-issued electronic benefit transfer cards a photograph of the cardholder; provided that the cardholder is over the age of 18 years. The department shall promulgate regulations to ensure that all members of the household are able to use the electronic benefit transfer card as required by 7 U.S.C.A. §2016 (h) (9) and to ensure that authorized users are able to use the electronic benefit transfer card. 

The department shall promulgate regulations to allow for exemptions from the photo identification requirement for vulnerable populations which may include, but shall not be limited to, the elderly, blind, disabled and victims of domestic violence, as determined by the department. 

In developing regulations for authorized users, the department shall consult with businesses or vendor association whose members accept electronic benefit transfer cards as a form of payment, including, but not limited to, the Massachusetts Food Association, the New England Convenience Store Associations and the Retailers Association of Massachusetts. "

2nd REDRAFT Clerk #65

EBT Trafficking

Messrs. Tarr, Knapik, Ross and Timilty and Michael O. Moore move to amend the bill (Senate No. 1805) by inserting after section 4 the following section:-

“SECTION 4A. Section 5L of said chapter 18, as most recently amended by section 3 of chapter 161 of the acts of 2012, is here by further amended by adding the following subsection:-

(f) an individual who traffics food stamp benefits, as described in subsection (b), and on 2 prior occasions has been convicted of trafficking food stamp benefits under subsection (b) or conspiracy to traffic food stamp benefits, shall be punished by imprisonment in a state prison for not more than 10 years or by a fine of not more than $25,000, or both fine and imprisonment."

Clerk #66

Voter Registration by Mail Report

Mr. Knapik moves to amend the bill (Senate, No. 1805), by inserting at the end thereof the following new section:-

SECTION X. “Notwithstanding any general or special law to the contrary, a registration agency as defined in section 1 of chapter 50 of the General Laws that engages in any activities related to voter registration by mail shall file a report including, but not limited to, the cost of the mailing, the number of individuals served, and the intended purpose of the mailing. Any expenses incurred by said agency, associated with voter registration by mail, shall be funded by the secretary of the commonwealth of Massachusetts. The report shall be filed, prior to distribution, with the clerks of the house of representatives and the senate who shall forward the report to the house and senate committees on ways and means.”

Redraft Clerk #67

Sex Offender Registration

Messrs. Tarr, Ross, Knapik and Timilty move to amend the bill (Senate, No. 1805) by inserting after section 35 the following section:-

“SECTION 35A. Notwithstanding any general or special law to the contrary, the department of transitional assistance shall not approve an application for new benefits for any person required to register under sections 178C to 178P of chapter 6 and who has failed to register until the individual registers as required by said chapter 6; provided, however, that prior to the denial of benefits the department shall provide the applicant with notice of the applicant’s failure to register under said chapter 6 and a reasonable opportunity to be heard.”

Clerk #68

Focusing on Likely Offenders

Ms. Jehlen moves to amend the bill, in SECTION 5, by inserting, after the word “cardholder” in line 109, the following:- “if the cardholder is suspected of trafficking in electronic benefits cards or of other misuse of public benefits”.

REDRAFT Clerk #69

Photo ID Exemptions

Ms. Jehlen and Ms. Clark move to amend the bill, in SECTION 5, by inserting, after the word “card” in line 113, the following paragraph:-

"The department shall exempt the following applicants, recipients and authorized users from the electronic benefits transfer card photograph requirement unless a determination has been made that said individual is suspected of trafficking in benefits or falsifying information:
(1) applicants and recipients of Supplemental Security Income who apply through the Social Security Administration 
(2) applicants and recipients who apply through the Virtual Gateway or through the simplified elder application and for whom the department has granted a waiver of the face-to-face interview due to a hardship as determined by the department 
(3) residents of group homes for the blind or disabled
(4) individuals in residential substance abuse treatment programs whose benefits are paid through authorized representatives
(5) individuals and agencies designated as authorized representatives for persons who are elderly, blind or disabled
(6) victims of domestic violence living in shelter.  

The department shall further determine if other applicants, recipients and authorized individuals should also be exempt from the photo identification requirement and shall assess whether such requirement imposes access barriers to federal nutrition benefits.”;
and by striking SECTION 30 and inserting in the place thereof the following:-

“SECTION 30.  All electronic benefits cards required to include a photograph under section 5O of chapter 18 of the Generals Laws shall include such photo by August 1, 2014.”.  

Clerk #70

Regarding Absence from the Commonwealth

Mr. Keenan moved that the bill (S.1805) be amended by inserting the following new section:

SECTION ___: Chapter 121B of the General Laws is hereby amended by inserting after section 32F the following section:-

Section __: A temporary absence from the commonwealth which exceeds 30 calendar days shall create a rebuttable presumption that Massachusetts residency has been abandoned by a recipient of state or municipally funded or subsidized housing and that the recipient is no longer eligible for such assistance under this chapter. The department shall promulgate regulations in accordance with this section.

Clerk #71

Caring for Disabled Parents

Ms. Jehlen moves to amend the bill, in SECTION 14, by inserting, after the word “child” in line 311, the following word:- “parent”.

Clerk #72

Industry sector-based training

Mr. Wolf moves to amend the bill (Senate, No. 1805) in SECTION 18, by inserting in line 371 after “programs or resources” the following: ", included but not limited to an industry sector-based training and employment service program by identifying opportunities with employment in emerging professions, industries with specialized skill requirements and high vacancy professions, with entry level positions and defined career ladder opportunities.  The training model may include, but not be limited to, specific industry requirement or credentialed skills training, job search skills and work experience opportunities."

Clerk #73

Protecting Elders and Disabled Persons Needing Caregivers

Ms. Jehlen moves to amend the bill, in SECTION 5, by inserting, after the word “card” in line 113, the following sentence:-“The department shall promulgate regulations to ensure that caregivers to recipients that are elderly or disabled are authorized to use the electronic benefits transfer card on behalf of the recipient.”.

Clerk #74

Assuring Care for Children at Reapplication

Ms. Jehlen moves to amend the bill, in SECTION 9, by inserting, after the word “self-sufficient” in line 222, the following word:-“Non-exempt”; and by inserting, after the word “benefits” in line 224, the following word:-“Non-exempt”.

Clerk #75

Work Participation Forms

Mr. Ross moves to amend the bill, in Section 7, by striking out, in line 135, the words “a third party” and inserting in place thereof the following words:- an employer or supervisor

Redraft Clerk #76

Protecting Elders Facing Barriers to Employment

Ms. Jehlen and Mr. McGee move to amend the bill (Senate, No. 1805), in section 17, by inserting after the word “older;”, in line 326, the following:- “provided, however, that a recipient who is age 60 or over, who is the primary caregiver for a child, and who was retired prior to applying for benefits, shall be exempt from the work requirements;”.

Clerk #77

WITHDRAWN

Clerk #78

Job Search Activities at One-Stop Career Centers

Mr. Keenan moved that the bill (S.1805) be amended, in Section 9, by inserting after the words “shall be determined by the department.” in line 201, and after the words “to the extent feasible.” in line 209, in each instance, the following: -

The requirements of this subsection shall be deemed satisfied upon submission to the department of proof of job search activities issued by a one-stop career center that is established under sections 160 through 168A, inclusive, of chapter 149 of the General Laws.

Further Clerk #78.1

Job Search Activities at One-Stop Career Centers

Ms. Forry and Ms. Chang-Diaz move to amend the pending amendment (No.78) by striking out the text and inserting in place thereof the following text:-

"Ms. Forry, Ms. Chang-Diaz, Mr. Keenan and Mr. DiDomenico move that the bill (Senate, No.1805) be amended  in section 8, in the second paragraph of section 31 of chapter 118 of the General Laws, by adding the following sentence:-
"An applicant who is otherwise eligible for assistance shall not be denied temporary benefits while awaiting job diversion placements.";

and in said section 9, in subsection (b) of section 13 of chapter 118 of the General Laws, by inserting after the first sentence, the following sentence:-
" An applicant who is otherwise eligible for assistance shall not be denied temporary benefits while awaiting job diversion placements.";

and in section 9,  in section 13 of chapter 118 of the General Laws by inserting, after the fourth sentence, the following sentence:-
"The requirements of this subsection shall be deemed satisfied upon submission to the department of proof of job search activities issued by a one-stop career center that is established under sections 160 through 168A, inclusive, of chapter 149 of the General Laws.";
and by inserting, in line 341, after the word "employment", the first time it appears, the following words:- ": provided, that an applicant who is otherwise eligible for assistance shall not be denied assistance while awaiting placement in full-time employment"."

Clerk #79

Pregnancy Support

Ms. Clark moves to amend the bill (Senate, No. 1805) in SECTION 15, in line 320, after the word “working”, the following:- recipients who have not reached their thirty-third week of pregnancy but are in their third trimester of pregnancy and have become unemployed through no fault of their own,

Redraft Clerk #80

IG Oversight

Messrs. Tarr, Ross and Knapik and Michael O. Moore move to amend the bill by adding the following section:

Section xx.  Chapter 12A of the General Laws is hereby amended by adding the following section after Section 2:

Section 2A. (a) There shall be within the office of the Inspector General a division of program integrity, the purpose of which shall be to monitor, investigate and provide continuing oversight over the quality, efficiency and integrity of programs of public assistance administered by the executive office of health and human services including but not limited to MASSHealth, Transitional Aid to Families with Dependent Children, the Supplemental Nutrition Assistance Program, and Emergency Assistance to Elders, Disabled and Children.  The division shall act to identify, prevent and correct fraud, waste and abuse in such programs.

The inspector general shall appoint a director of the division and not more than 4 other persons as necessary to perform its function; provided, however, that the division may retain additional specialists on a limited basis as needed and approved by the inspector general.   All employees of the division shall devote their full time and attention to their duties; provided further, that such employees shall possess expertise and skills necessary to the work of the division.    

(b) The director shall conduct continuous examinations of programs of public assistance and shall issue periodic reports of the results of those examinations to the secretary for administration and finance, the attorney general, the auditor, and the clerks of the house and senate, who shall post such reports electronically for public inspection.

(c ) In performing the operations of the division, the director may cause examinations or investigations to be done by the division independently, or in coordination with the auditor, the bureau of special investigations, and the executive office of health and human services.

(d) Any acts of fraud identified by the division shall be reported to the attorney general for further action.

(e) Any remedial action shall be certified in writing to the agency operating the program, which shall report any and all corrective actions taken by the division.

(f) The provisions of this section shall expire on January 1, 2018 unless otherwise terminated, extended, or modified.

REDRAFT Clerk #81

Financial Literacy for TAFDC recipients

Mr. Finegold and Ms. Forry, and Messrs. Rodrigues, Welch, Knapik, Petruccelli and Michael O. Moore, Ms. Donoghue, Ms. Clark and Messrs. Ross and DiDomenico move to amend the bill (Senate, No. 1805) by inserting after section 27 the following section:-

“SECTION 27A. Subject to appropriation, the department shall require recipients to participate in a free financial education program to assist in the development of economic independence goals under section 15 of chapter 118 of the General Laws; provided, however, that the department shall provide recipients with a list of already existing free or low-cost financial education programs to administer the financial education program. In developing such a list of financial education programs, the department shall collaborate with the office of the state treasurer, the Massachusetts Credit Union League, the Massachusetts Bankers Association, the Midas Collaborative, the Moving from Debt to Assets program and the Massachusetts Financial Education Collaborative.  Any financial education program included on the recommended program list shall include, but not be limited to, providing guidance on: (1) tracking daily spending habits; (2) preparing a monthly budget; (3) identifying ways to decrease spending; (4) identifying ways to increase income; (5) listing and prioritizing financial goals; and (6) recognizing how to create a plan to achieve financial goals. The program shall equip recipients with the knowledge and skills needed to become self-sufficient and to enable recipients to ma

Clerk #82

Income Eligible Child Care

Ms. Chang-Díaz moves to amend the bill (Senate No, 1805), in SECTION 2, in Line 13, by inserting the following line item:- 

“3000-4060     ……………………………………   $225,000,000”

Clerk #83

Exemption from work requirement based on age

Ms. Jehlen moves to amend the bill, in SECTION 17, by striking the number “66” and inserting in place thereof the following:- “60”.

Clerk #84

Regarding a Integrated Eligibility System

Mr. Keenan moved that the bill (S.1805) be amended, in Section 24, by inserting after the words “but not limited to,” in line 402 the following: “, the Department of Unemployment Insurance,”

Redraft Clerk #85

Corrective Amendment

Mr. Brewer moves to amend the bill (Senate, No. 1805) in section 3 by striking out, in line 78,  the words “5 of chapter 18” and inserting in place thereof the following words:- “16 of chapter 118”; and

and in section 9, in subsection (b) of section 13 of chapter 118 of the General Laws, by striking out the sentence, " An applicant who is otherwise eligible for assistance shall not be denied temporary benefits while awaiting job diversion placements." inserted by amendment 78, and inserting in place thereof the following sentence:-

"The requirements of this subsection shall be deemed satisfied upon submission to the department of proof of job search activities issued by a one-stop career center that is established under sections 160 through 168A, inclusive, of chapter 149 of the General Laws."; and

in section 18 by inserting after the word “resources”, in line 370, the following words:- “, including programs and resources that meet participants’ language and cultural needs,”; and

in section 30 by striking out, in line 423, the following words:- “All electronic” and inserting in place thereof the following word:- "Electronic".

Clerk #86

WRITTEN VERIFICATION

Ms. Lovely moves to amend the bill (Senate, No. 1805) in Section 9, in Section 13 (a) in line 196 by adding after the word "department" the following:- "an official form approved by the department that shall be completed and signed by the applicant in writing”, and in Section 9, in Section 13

(b) in line 206 by adding after the word "department" the following:- "an official form approved by the department that shall be completed and signed by the applicant in writing”.

Clerk #87

WITHDRAWN