Budget Amendment ID: FY2013-S4-213-R1

Redraft ECO 213

Regional Economic Development Grants

Ms. Spilka and Mr. Berry and Ms. Donoghue and Mr. Eldridge and Ms. Candaras and Ms. Clark and Messrs. Michael O. Moore, Rodrigues, Joyce, Kennedy, Downing and McGee moved that the proposed new text be amended in section 2, in item 7007-0150, <w:p><w:r><w:t xml:space="preserve">by striking out the figure “$650,000” and inserting in place thereof the following figure:- “$1,000,000”.


Budget Amendment ID: FY2013-S4-215

ECO 215

South Worcester Neighborhood Improvement Corporation

Mr. Michael O. Moore moved that the proposed new text be amended in section 2, in item 7004-0099, by inserting after the words “participants' households;” the following:-

“provided further, that not less than $50,000 shall be expended for the South Worcester Neighborhood Improvement Corporation;”


Budget Amendment ID: FY2013-S4-216

ECO 216

Massachusetts Manufacturing Extension Partnership

Mr. Michael O. Moore and Ms. Chandler and Mr. Rodrigues and Ms. Spilka moved that the proposed new text be amended in section 2, in item 7003-0605, by striking out the figure “325,000” and inserting in place thereof the following figure:- “$1,225,000”.


Budget Amendment ID: FY2013-S4-218

ECO 218

Summer Jobs Program for At-Risk Youth

Messrs. Hart, Rush, Moore, DiDomenico, Brownsberger and McGee and Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 7002-0012, by striking out the figure “3,000,000” and inserting in place thereof the following figure:- “12,000,000”.


Budget Amendment ID: FY2013-S4-219-R1

Redraft ECO 219

West Broadway Task Force

Mr. Hart moved that the proposed new text be amended in section 2, in item 7004-0099, by inserting after the words “security requirement” the following:-

 

and provided further that funds may be expended to the Boston House Authority for a program to provide certain tenant services for the West Broadway Task Force in the South Boston section of the city of Boston.”; and in said item, by striking out the figures “6,914,734” and inserting in place thereof the figures “6,934,734”.


Budget Amendment ID: FY2013-S4-220

ECO 220

Micro-lending Grants

Messrs. Rodrigues, Pacheco and Knapik moved that the proposed new text be amended in section 2, by inserting, after item 7007-0800, the following new item:-

 

7007-0801  “For micro lending grants of up to $200,000, to be issued to established Community Development Financial Institutions and Community Advantage Lenders making direct microenterprise and small business loans to borrowers on a regional basis, as well as providing technical assistance to applicants and borrowers in order to foster business establishment and success, provided that the funds will be used to support eligible organization’s lending and technical assistance activities……………………..$400,000”


Budget Amendment ID: FY2013-S4-221

ECO 221

Creative Economy Council

Ms. Donoghue and Mr. Montigny moved that the proposed new text be amended by inserting, after Section __, the following new Section:- SECTION __.  Section 2 of Chapter 354 of the Acts of 2008 is hereby amended by striking the year “2012” and inserting in place thereof the year “2016”.


Budget Amendment ID: FY2013-S4-222

ECO 222

RAFT

Ms. Donoghue and Mr. Finegold moved that the proposed new text be amended in section 2, in item 7004-9316, by inserting, after the words “regional non-profit housing agencies” the following:- or HomeBASE administering agencies to the extent determined by the Department.


Budget Amendment ID: FY2013-S4-224-R1

Redraft ECO 224

HOMES FOR FAMILIES

Mr. Petruccelli moved that the proposed new text be amended in section 2, in item 7004-0101, <w:p><w:r><w:t xml:space="preserve">by adding at the end thereof the following:- “; provided, that funds shall be expended for the purpose of technical assistance by Homes for Families”

 


Budget Amendment ID: FY2013-S4-225-R1

Redraft ECO 225

PLAYSPACE PROGRAM

Messrs. Petruccelli, Knapik and Eldridge and Ms. Fargo and Ms. Clark and Messrs. DiDomenico, Montigny and McGee moved that the proposed new text be amended in section 2, in item 7004-0101, by adding at the end thereof the following:-“; provided further that funds may be expended for the Playspace Program operated by Horizons for Homeless Children”


Budget Amendment ID: FY2013-S4-227

ECO 227

Small Business Development Center

Messrs. Rodrigues, Michael O. Moore and DiDomenico moved that the proposed new text be amended in section 2, in item 7007-0800, by striking out the figure "$704,286" and inserting in place thereof the figure:- "$1,204,286"


Budget Amendment ID: FY2013-S4-229

ECO 229

INDEPENDENT CONTRACTORS

Messrs. Tarr, Knapik and Hedlund moved that the proposed new text be amended by inserting, after section ___, the following new section:-

“SECTION __. Section 148B of chapter 149 of the General Laws, as appearing the 2010 Official Edition, is hereby amended by striking, in line 8, the word "and" and inserting in place thereof the following word:- or.”


Budget Amendment ID: FY2013-S4-233

ECO 233

Promoting Teen Summer Jobs

Messrs. Knapik, Tarr, Ross and Hedlund moved that the proposed new text be amended by adding at the end thereof, the following new section:-

SECTION XX.  Section 1 of chapter 151 of the General Laws is hereby amended by adding at the end thereof, the following new paragraph:

This section shall not apply to workers under the age of twenty who are seasonally employed for no more than 90 days in any consecutive twelve month period.  A wage of less than $7.00 for any such worker under the age of twenty shall conclusively be presumed to be oppressive and unreasonable, unless the commissioner has expressly approved or shall expressly approve the establishment and payment of a lesser wage under the provisions of sections seven and nine of chapter 151 of the General Laws.


Budget Amendment ID: FY2013-S4-234

ECO 234

DHCD SHELTERS CONTRACTS

Messrs. Tarr, Knapik and Hedlund moved that the proposed new text be amended by inserting, after section ___, the following new sections:-

 

 

“SECTION__. For fiscal year 2013, the department of housing and community development shall issue the initial contacts for family shelter services for a time period not less than six months; provided, however, that should the department not have in place the necessary funding for said contracts at the start of the fiscal year, the department shall enter into contracts for not less than three months, and shall report to the house and senate committees on ways and means and the joint committee on housing within 30 days of the passage of this act the projected need for funding for the issuance of long-term contracts for the provision of shelter services.  The department shall, in consultation with the executive office for administration and finance and the comptroller, develop a plan for fiscal years 2013 through 2018, inclusive, to minimize, to the maximum extent possible, the utilization of contracts for a duration of less than six months, and to maximize the utilization of contracts for greater than six months whenever possible.  The department shall develop any legislative recommendations necessary to the achievement of the provisions of this section, and file said recommendations with the clerks of the senate and the house of representatives not later than nine months following the passage of this act.”


Budget Amendment ID: FY2013-S4-237

ECO 237

State-wide Furniture Bank

Ms. Chandler and Messrs. Michael O. Moore and Donnelly moved that the proposed new text be amended in section 2, in item 7004-0099, by adding at the end thereof the following: “provided further, that not less than $200,000 shall be expended through performance-based contracts with organizations and agencies to provide furniture and household goods to families and individuals exiting homelessness"; and in said item, by striking out the figures "$6,914,734" and inserting in place thereof the figures "$7,114,734"


Budget Amendment ID: FY2013-S4-239

ECO 239

Youth At Risk Summer Jobs

Mr. McGee and Ms. Candaras and Mr. Brownsberger moved that the proposed new text be amended in section 2, in item 7002-0012, by striking out the figure "$3,000,000" and inserting in place thereof the following figure:-  "$9,000,000”.


Budget Amendment ID: FY2013-S4-240

ECO 240

Gateway Cities

Ms. Flanagan and Messrs. Tarr and Joyce moved that the proposed new text be amended by inserting the following new section:-

SECTION XX: Section 3A of chapter 23A of the General Laws, as so appearing, is hereby amended by striking, in line 139, the figure “35,000” and inserting in place thereof the following: - “20,000”


Budget Amendment ID: FY2013-S4-241

ECO 241

SPECIAL COMMISSION ON UNEMPLOYMENT INSURANCE

Messrs. Tarr, Rodrigues, Knapik and Hedlund moved that the proposed new text be amended by inserting, after section ___, the following new sections:-

 

“SECTION __. There shall be a special commission to conduct an investigation and study of the activities and efficacy of the adjudication of unemployment insurance claims by the department of unemployment assistance under the executive office of labor and workforce development. The commission shall consist of 11 members: 2 members who shall be appointed by the state auditor, both of whom shall have experience with the adjudication of unemployment disputes, and 1 of whom shall serve as chair; 2 members of the senate, 1 of whom shall be appointed by the senate president and 1 of whom shall be appointed by the minority leader of the senate; 2 members of the house of representatives, 1 of whom shall be appointed by the speaker of the house and 1 of whom shall be appointed by the minority leader of the house; the director of the department of unemployment assistance, or a designee; the president of the Massachusetts taxpayer’s foundation, or a designee; the executive vice-president of the AFL-CIO, or a designee; the executive vice-president of associated industries of Massachusetts, or a designee; and the executive director of the Massachusetts municipal association, or a designee.

 

The study shall include, but not be limited to, an analysis of: (1) the number of claims received by the department quarterly since January 1, 2008 and the resulting status of all claims, including any information pertinent to the description of the status of said claims, including, but not limited to (i) the results of all initial determinations of claims, (ii) the results of any appeals resulting from said initial determination, (iii) the number of rulings reversed through the appeals and review process, (iv) the number of claims arising from the  provisions of subdivisions (1) and (2) of subsection e of section 25 of chapter 151A, and (v) the number of claims settled in favor of the claimant and in favor of the employer; (2) the average length of time of the appeals and review process of a claim from initial determination to final disposition; (3) the procedures through which the department hires and trains new employees to implement the provisions of sections 39 through 41, inclusive, of chapter 151A, including a determination as to whether or not employment procedures have been followed pursuant to section 9K of chapter 23.

 

The study shall also include the recommendations of the commission relative to: (1) procedures through which the department may produce a quarterly report, to be posted on the department’s website, of the number of active claims and the status of said claims; (2) procedures through which any current backlog of cases may be fairly and efficiently resolved and avoided in future department proceedings; (3) procedures through which oversight and quality control principles may be implemented to ensure the continuing prompt, equitable, and transparent application of current law by the commissioner and the board of review; (4) a complete review of current statute and regulations relative to the implementation of chapter 151A and any recommendations as to possible legislative reform and streamlined procedures, including, but not limited to, recommendations and procedures for the uniform and effective implementation of section 25 of chapter 151A.

 

The commission may request from all state agencies such information and assistance as the commission may require. The commission shall report the results of its investigation and study, together with drafts of legislation, if any, necessary to carry its recommendations into effect, by filing the same with the clerks of the senate and house of representatives, who shall forward the same to the joint committee on public health and the house and senate committees on ways and means on or before December 31, 2013.”


Budget Amendment ID: FY2013-S4-242

ECO 242

Visitor Information Centers

Mr. Downing moved that the proposed new text be amended in section 2, in item 7008-0900, by inserting at the end thereof the following:- “provided, that no less than $200,000 shall be expended for opening the 11 Visitor Information Centers from Memorial Day to Columbus Day”.


Budget Amendment ID: FY2013-S4-243-R1

Redraft ECO 243

Unemployment Benefit Reform

Mr. Joyce moved that the proposed new text be amended <w:p><w:r><w:t xml:space="preserve">by inserting after section 90 the following section:-

 

“Section 90A. Section 25 of chapter 151A of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

 

(k) The department of unemployment assistance shall promulgate regulations providing that any employee discharged for deliberate misconduct consisting of (i) stealing from his or her place of employment, (ii) illegal drug use while at work or (iii) drunkenness while at work, shall be determined to be ineligible for benefits without regard to whether or not the employer had a written policy against such conduct."


Budget Amendment ID: FY2013-S4-244-R1

Redraft ECO 244

Further Regulating Franchise Agreements

Mr. Joyce moved that the proposed new text be amended by inserting after section 78 the following section:-

 

“SECTION 78A. Chapter 93 of the General Laws is hereby amended by adding the following  section :-

Section 115. For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Franchise”, a contract or agreement, either expressed or implied, whether oral or written, between 2 or more persons by which: (i) a franchisee is granted the right to engage in the business of offering, selling or distributing goods or services, under a marketing plan or system prescribed or suggested in substantial part by a franchisor; and (ii) the operation of the franchisee’s business pursuant to that plan or system is substantially associated with the franchisor’s trademark, service mark, trade name, logotype, advertising or other commercial symbol designating the franchisor or its affiliate.

“Franchisee”, an individual to whom a franchise is granted.

“Franchisor”, an individual, corporation, partnership, joint venture, association, joint stock company, trust or unincorporated organization that grants a franchise.

(a) A franchisor shall not, directly or through an officer, agent or employee, terminate a franchise, except for good cause shown which shall include, but not be limited to, the franchisee’s refusal or failure to comply substantially with any material and reasonable obligation of the franchise agreement. For the purposes of termination, “good cause” shall mean: cause based upon legitimate business reason, and shall include the franchisee’s failure to comply with any material lawful requirement contained in the franchise agreement.

Prior to termination of the franchise, the franchisor shall give the franchisee written notice of the termination at least 90 days in advance of the termination with the cause stated on the written notice. The 90 day advanced written notice for termination shall not apply if the reason for termination is because: (1) the alleged grounds were voluntary abandonment by the franchisee of the franchise relationship, in which event, such notice may be given 15 days in advance of the termination, cancellation or failure to renew; or (2) the alleged grounds are the conviction of the franchisee in a court of competent jurisdiction of an offense punishable by a term of imprisonment in excess of 1 year and directly related to the business conduct pursuant to the franchise, in which event, such notice may be given at any time following the conviction and shall be effective upon delivery and written receipt of the notice.

(b) A franchisor shall not, directly or through an officer, agent or employee, fail to renew a franchise, except for good cause shown which shall include, but not be limited to, the franchisee’s refusal or failure to comply substantially with any material and reasonable obligation of the franchise agreement. The franchisor is obligated to act in good faith and shall not refuse to renew a franchise for arbitrary or capricious reasons. For the purposes of non-renewal, “good cause” shall mean cause based upon legitimate business reason and includes the franchisee’s failure to comply with any material lawful requirement contained in the franchise agreement.

Before non-renewal of the franchise, the franchisor shall give the franchisee written notice of the non-renewal at least 90 days in advance of the non-renewal with cause stated on the written notice.

(c) A franchisor that develops a new outlet or location within the relevant market area of an existing franchisee's outlet or location shall be liable to the affected franchisee for monetary damages, unless:

(1) the franchisor first offers the new outlet or location to the existing franchisee; or

(2) at the time the new outlet or location is developed, the existing franchisee is not in compliance with the franchisor’s current reasonable criteria for new franchisees.

(d) Upon termination of a franchise for whatever cause or reason, except voluntary relinquishment or abandonment of the franchise by the franchisee, the franchisor shall fairly compensate the franchisee or franchisee’s estate for the fair market value at the time of termination of the franchise, of the franchisee’s inventory, supplies, equipment and furnishing purchased by the franchisee from the franchisor or its approved sources and good will, if any, exclusive of personalized items which have no value to the franchisor and inventory, supplies, equipment and furnishings not reasonably required in the conduct of the franchise business; provided, however, that compensation need not be made to a franchisee of good will if: the franchisor agrees in writing not to enforce a covenant which restrains the franchisee from competing with the franchisor; and provided further, that a franchisor may offset against amounts owed to a franchisee under this subsection any amount owed by the franchisee to franchisor.

(e) A franchisor shall not terminate or fail to renew a franchise for the failure or refusal of the franchisee to do any of the following:

(1) Refusal to take part in promotional campaigns of the franchisor’s products.

(2) Failure to meet sales quotas suggested by the franchisor.

(3) Refusal to sell any products at a price suggested by the franchisor or supplier.

(4) Refusal to keep the premises open and operating during those hours which are documented by the franchisee to be unprofitable to the franchisee or to preclude the franchisee from establishing his own hours of operation beyond the hour of 10 p.m. and prior to 6 a.m..

(5) Refusal to give the franchisor or supplier of financial records of the operation of the franchise which are not related or unnecessary to the franchisee’s obligations under the franchise agreement.

(f) A franchisor, directly or indirectly, through any officer, agent, or employee shall not:

(1) prohibit, directly or indirectly, the right of free association among franchisees for any lawful purpose;

 

(2) require or prohibit any change in management of any franchise unless the requirement or prohibition of the change shall be for good cause, which cause shall be stated in writing by the franchisor;

(3) impose unreasonable standards of performance upon a franchisee;

(4) fail to deal in good faith with a franchisee;

(5) sell, rent or offer to sell to a franchisee any product or service for more than a fair and reasonable price;

(6) impose on a franchise by contract, rule or regulation, whether written or oral, an unreasonable standard of conduct;

(7) discriminate between franchises in the charges offered or made for royalties, goods, services, equipment, rentals, advertising services, or in any other business dealing, unless (A) that discrimination between franchisees would be necessary to allow a particular franchisee to fairly meet competition in the open market; or (B) to the extent that the franchisor satisfies the burden of proving that any classification of or discrimination between franchisees is reasonable, is based on franchises granted at materially different times and the discrimination is reasonably related to the difference in time or on other proper and justifiable distinctions and is not arbitrary; provided, that nothing in this subsection shall be construed as granting to a franchisor any right which may be limited by any other state or federal statute; or

(8) notify the franchisee of a claimed breach of franchise agreement for good cause later than 180 days from the date good cause arises or 180 days after the franchisor knew or in the exercise of reasonable care should have known of the claimed good cause.

(g) A franchisee or franchisor, upon request, shall have the right to have the question of good cause submitted to arbitration in accordance with the rules of the American Arbitration Association. A franchisee or franchisor, upon the rendering of a decision in arbitration, shall have the right to apply to the superior court in the county wherein the franchisee or franchisor is doing the business or resides for confirmation, modification, correction or vacation of any arbitration decision.

(h) A franchisor shall protect and save harmless its franchisee from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of defect in merchandise or methods or procedures prescribed by franchisor and performed by the franchisee, except for alleged negligence or willful misconduct of the franchisee.

(i) A franchisor shall reimburse its franchisee at the prevailing retail price for any services rendered or party supplied by the franchisee in satisfaction of any warranty issued by the franchisor, and a franchisor shall not restrict a franchisee from rendering services or providing parts in accordance with standards of good workmanship in satisfaction of the warranty."


Budget Amendment ID: FY2013-S4-245-R1

Redraft ECO 245

Increased Transparency at Mutual Holding Companies

Messrs. Joyce and Montigny and Ms. Jehlen and Mr. Eldridge moved that the proposed new text be amended by inserting at the end thereof the following section:-

 

“SECTION __.  (a) Chapter 175 of the General Laws is hereby amended by inserting after section 19W the following section:-

 

Section 19X: (a) A mutual or mutual holding company shall provide clear, concise and understandable disclosure of all compensation awarded to, earned by or paid to the named executive officers or directors designated in subsection (b).  Mutual companies shall conspicuously publish disclosure in a format readily accessible to members.

 

(b) For the purposes of this section, a “named executive officer or director” shall mean:

(i) a person serving as a company’s principal or chief executive officer or acting in a similar capacity during the last completed fiscal year, the “CEO”, regardless of compensation level;

(ii) a person serving as a company’s principal or chief financial officer or acting in a similar capacity during the last completed fiscal year, the “CFO”, regardless of compensation level;

(iii) a company’s 3 most highly compensated executive officers other than the CEO and CFO who were serving as executive officers at the end of the last completed fiscal year;

(iv) up to 2 additional persons for whom disclosure would have been provided pursuant to clause (iii) but for the fact that the individual did not serve as an executive officer of the company at the end of the last completed fiscal year; and

(v) a company’s directors.

 

(c) The commissioner of insurance shall further promulgate regulations with the express purpose of requiring a mutual or mutual holding company to provide full and accurate disclosure of:

(i) all compensation to the named executive officers or directors, whether paid or accrued; and

(ii) all conflicts of interest, whether direct or indirect.

 

 

(b) Chapter 167 of the General Laws is hereby amended by inserting after section 51 the following section:-

 

(a) A mutual bank, co-operative bank or credit union shall provide clear, concise and understandable disclosure of all compensation awarded to, earned by or paid to the named executive officers or directors designated in subsection (b).  A mutual bank, co-operative bank or credit union shall conspicuously publish disclosure in a format readily accessible to members.

 

(b) For the purposes of this section, a “named executive officer or director” shall mean:

(i) a person serving as a company’s principal or chief executive officer or acting in a similar capacity during the last completed fiscal year, the “CEO”, regardless of compensation level;

(ii) a person serving as a company’s principal or chief financial officer or acting in a similar capacity during the last completed fiscal year, the “CFO”, regardless of compensation level;

(iii) a company’s 3 most highly compensated executive officers other than the CEO and CFO who were serving as executive officers at the end of the last completed fiscal year;

(iv) up to 2 additional persons for whom disclosure would have been provided pursuant to clause (iii) but for the fact that the individual did not serve as an executive officer of the company at the end of the last completed fiscal year; and

(v) a company’s directors.

 

(c) The commissioner of banks shall further promulgate regulations with the express purpose of requiring a mutual bank, co-operative bank or credit union to provide full and accurate disclosure of:

(i) all compensation to the named executive officers or directors, whether paid or accrued; and

(ii) all conflicts of interest, whether direct or indirect.


Budget Amendment ID: FY2013-S4-246

ECO 246

FREDERICK DOUGLAS HOUSE

Mr. Montigny moved that the proposed new text be amended in section 2, in item 2511-0100, by adding at the end thereof the following:-

“provided further, that not less than $250,000 shall be expended for the Frederick Douglas House in New Bedford.”


Budget Amendment ID: FY2013-S4-248-R1

Redraft ECO 248

ZEITERION THEATER

Mr. Montigny moved that the proposed new text be amended in section 2, in item 7008-0900, <w:p><w:r><w:t xml:space="preserve">by adding at the end thereof the following:

“provided further, that funds mayl be expended for the Zeiterion Performing Arts Center in New Bedford.”


Budget Amendment ID: FY2013-S4-249

ECO 249

Gateway Communities

Messrs. Ross and Timilty moved that the proposed new text be amended Mr. Ross moves to amend the bill (Senate No. 4) by inserting, after SECTION XX, the following new section:-

“SECTION XX. Section 3A of chapter 23A of the General Laws, as so appearing, is hereby amended by striking, in lines 139 and 140, the words ‘below the commonwealth’s average’ and inserting in place thereof the following:-

‘at or below the commonwealth’s average plus 1 per cent of the average,’”.


Budget Amendment ID: FY2013-S4-250

ECO 250

Homeless Shelter and Services Unit

Mr. Welch moved that the proposed new text be amended in section 2, in item 7004-0100, by striking the figure "5,355,239" and inserting in place thereof the following figure:- "6,018,239"


Budget Amendment ID: FY2013-S4-251-R1

Redraft ECO 251

Payments to Cities and Towns for Local Share of Racing

Messrs. Ross and Tarr moved that the proposed new text be amended in section 2, in item XXXX-XXXX, Mr. Ross moves to amend the bill (Senate No. 4), by inserting, in section 2, the following item:-

“7006-0140 Upon certification from the Massachusetts Gaming Commission, the state treasurer shall quarterly distribute to each city and town within which racing meetings are conducted, including racing meetings conducted in connection with a state or county fair, under licenses issued under the provisions of chapter one hundred and twenty-eight A, the sum of .35 percent of the total pari-mutuel wager for each such racetrack within said city or town for the three months ending two quarters prior to the quarter for which said distribution is being made, which sum shall be allocated from the commonwealth’s share; provided, however, that if the parcel of land containing such racetrack is located in two cities or towns, said sum shall be divided so that two-thirds shall be distributed to the city or town in which the major portion of said parcel is located, and one-third shall be distributed to the other city or town……………………$1,150,000.”;

and further amends the bill by inserting, after SECTION XX, the following new section:-

“SECTION XX. The state treasurer, upon certification by the Massachusetts Gaming Commission, shall quarterly distribute to each city and town within which racing meetings are conducted, including racing meetings conducted in connection with a state or county fair, under licenses issued under the provisions of chapter 128A, the sum of .35 per cent of the total pari-mutuel wager for each such racetrack within said city or town for the 3 months ending 2 quarters prior to the quarter for which said distribution is being made, which sum shall be allocated from the commonwealth’s share; provided, however, that if the parcel of land containing such racetrack is located in 2 cities or towns, said sum shall be divided so that two-thirds shall be distributed to the city or town in which the major portion of said parcel is located and one-third shall be distributed to the other city or town.”


Budget Amendment ID: FY2013-S4-253

ECO 253

Small Business Development Canter at UMass

Ms. Candaras and Messrs. Knapik, Rodrigues and Rosenberg and Ms. Spilka and Messrs. Pacheco, DiDomenico and McGee moved that the proposed new text be amended in section 2, in item 7007-0800, Ms. Candaras moved that the bill be amended in section 2, item 7007-0800, by striking out “704,286” and inserting the following:-

 

“1,254,286”.


Budget Amendment ID: FY2013-S4-254-R1

Redraft ECO 254

Workforce Competitiveness Trust Fund

Ms. Candaras and Messrs. Donnelly, Wolf, DiDomenico, Hart and McGee moved that the proposed new text be amended Ms. Candaras and Messrs. Donnelly and Wolf moved that the bill be amended, in Section 2, by inserting after item 7002-0017 the following item:-

 

“7002-0020.. For a precision manufacturing pilot program that provides training to unemployed and underemployed individuals, including veterans, in Hampden County; provided, that the program shall be a partnership between the regional employment board of Hampden County area precision manufacturing companies and shall be administered by the executive office of housing and economic development; and provided further, that the office shall evaluate the program for the purpose of future replication in other areas of the state…………………. $1,000,000”


Budget Amendment ID: FY2013-S4-255

ECO 255

Massachusetts Technology Transfer Center

Ms. Spilka and Mr. Rodrigues moved that the proposed new text be amended by striking out in SECTION 107 the words “and (ii)”, in line 1440, and inserting in place thereof the following words:-  “(ii) $200,000 from the General Fund to the Massachusetts Technology Transfer Center established in section 45 of chapter 75 of the General Laws; and (iii)”


Budget Amendment ID: FY2013-S4-256

ECO 256

Tenancy Preservation Program

Mr. Welch moved that the proposed new text be amended in section 2, in item 7004-3045, by striking out the figure “$500,000” and inserting in place thereof the following figure:- “$700,000”


Budget Amendment ID: FY2013-S4-257

ECO 257

Springfield Neighborhood Housing Services, Inc.

Mr. Welch moved that the proposed new text be amended in section 2, in item 7004-3036, by adding at the end of thereof the following:- “; provided further, that not less than $100,000 shall be expended for the Springfield Neighborhood Housing Services, Inc.”


Budget Amendment ID: FY2013-S4-258

ECO 258

Massachusetts Office of Business Development Funding

Ms. Candaras moved that the proposed new text be amended in section 2, in item 7007-0300, Ms. Candaras moved that the bill be amended in section 2, item 7007-0300, by striking the figures “$1,717,393” and inserting in place thereof the following figures:-

 

“$1,755,366”


Budget Amendment ID: FY2013-S4-260

ECO 260

Regional Centers of Excellence

Messrs. Wolf and Donnelly and Ms. Candaras moved that the proposed new text be amended by striking section 107, and inserting in place thereof, the following:-

 

SECTION 107. (a) Notwithstanding any general or special law to the contrary, after 1436 complying with clause (a) of section 5C of chapter 29 of the General Laws, the comptroller shall 1437 dispose of the consolidated net surplus in the budgetary funds for fiscal year 2012 as follows: (i) 1438 transfer $15,000,000 from the General Fund to the Massachusetts Life Sciences Investment Fund 1439 established by section 6 of chapter 23I of the General Laws; (ii) the comptroller shall transfer $10,000,000 from the General Fund to the Workforce Competitiveness Trust Fund established by section 2WWW of chapter 29 of the General Laws, but the department of career services shall make expenditures from the Fund to establish regional centers of excellence at community colleges, vocational or technical high schools, or collaborations between community colleges and vocation or technical high schools; and (iii) transfer the remaining balance from the General Fund to the Commonwealth Stabilization Fund.

 

(b) All transfers pursuant to this section shall be made from the undesignated fund 1442 balances in the budgetary funds proportionally from the undesignated fund balances; provided, 1443 however, that no such transfer shall cause a deficit in any of the funds.


Budget Amendment ID: FY2013-S4-261

ECO 261

RAFT Technical 1

Messrs. Wolf, Eldridge and Brownsberger and Ms. Fargo and Messrs. Rosenberg, Donnelly and DiDomenico moved that the proposed new text be amended in section 2, in item 7004-0108, by striking the words “provided further, that a family who received assistance under item 7004-9316 and who is eligible for assistance hereunder may be eligible for up to an additional $2,000 in the same 12 month period through this item if deemed necessary to maintain or secure housing or otherwise avoid homelessness.”


Budget Amendment ID: FY2013-S4-262-R1

Redraft ECO 262

RAFT Technical 2

Messrs. Wolf, Eldridge and Brownsberger and Ms. Fargo and Messrs. Rosenberg, DiDomenico and McGee moved that the proposed new text be amended in section 2, in item 7004-9316, <w:p><w:r><w:t xml:space="preserve">by striking out, in lines 14 to 19, inclusive, the words “; provided further, that the amount of financial assistance shall not exceed $4,000 in any 12 month period; provided further, that up to an additional $2,000 in the same 12 month period may be provided under item 7004-0108 for families eligible for assistance under that item if deemed necessary to maintain or secure housing or to otherwise avoid homelessness” and inserting in place thereof the following words:-

 

“; provided further, that the amount of financial assistance shall not exceed $6,000 in any 12 month period; provided further, that any financial assistance in excess of $4,000 in the same 12 month period shall include a written finding that the additional assistance is deemed necessary by the agency to maintain or secure housing or to otherwise avoid homelessness”; and

 

 

in said section 2, in said item 7004-9316, by striking out, in lines 22 to 29, inclusive, the words “; provided further, that in making these findings the agency shall, unless the facts of the case warrant otherwise, apply a presumption that the payment will enable a family to retain its housing, obtain new housing or otherwise avoid homelessness if the family is paying less than or equal to 50 per cent of its income for that housing; provided further, that a family that is paying more than 50 per cent of its income for its housing shall be provided a fair opportunity to establish that a residential assistance payment will enable it to retain its housing, obtain new housing or otherwise avoid homelessness” and inserting in place thereof the following words:-

 

“; provided further, that in making these findings the agency shall, unless the facts of the case warrant otherwise, apply a presumption that the payment will enable a family to retain its housing, obtain new housing or otherwise avoid homelessness”.


Budget Amendment ID: FY2013-S4-263

ECO 263

Chelsea Emergency Services

Messrs. DiDomenico and Petruccelli moved that the proposed new text be amended in section 2, in item 7004-0099, by inserting after the word “requirements” the following words:-

 

“; provided further, that not less than $175,000 shall be expended annually for provision of emergency services that provide domestic violence intervention, workforce development, housing assistance, operation of food vouchers, winter coats for kids and holiday dinners operated by Community Action Programs Inter-City, Inc. for the communities of Chelsea, Revere, and Winthrop.”


Budget Amendment ID: FY2013-S4-264-R1

Redraft ECO 264

Zoos

Ms. Candaras and Mr. Welch moved that the proposed new text be amended in section 2, in item 7007-0952, <w:p><w:r><w:t xml:space="preserve">in Section 2, in item 7007-0952,

by adding the following words:- “provided further, that not less than $300,000 shall be expended for a competitive grant program for zoos not operated by the commonwealth zoological corporation; and provided further, that in awarding said grants, the office of business development shall prioritize zoos located in urban areas and shall award said grants to zoos in a geographically diverse manner”; and

 

by striking out the figure “$3,500,000” and inserting in place thereof the following figure:- “$3,800,000”.


Budget Amendment ID: FY2013-S4-265-R1

Redraft ECO 265

Center for Women and Enterprise

Ms. Clark and Ms. Spilka and Messrs. Brownsberger, Eldridge, Michael O. Moore and DiDomenico moved that the proposed new text be amended in section 2, <w:p><w:r><w:t xml:space="preserve">in item 7003-0100, by adding at the end thereof the following: “; and provided further, that funds may be expended for the Center for Women and Enterprise".


Budget Amendment ID: FY2013-S4-266-R1

Redraft ECO 266

Local Share of Racing Revenue

Messrs. Pacheco and Ross moved that the proposed new text be amended in section 2, by inserting a new section:-

Section XX.  The state treasurer shall upon certification by the Gaming Commission continue to make quarterly distributions to each city and town within which racing meetings are conducted as required under section 18D of chapter 58 of the General Laws


Budget Amendment ID: FY2013-S4-267-R2

2nd Redraft ECO 267

MA Latino Chamber of Commerce

Mr. Welch moved that the proposed new text be amended in section 2, in item 7003-1206, <w:p><w:r><w:t xml:space="preserve">by adding at the end thereof the following:- “provided, that funds may be expended for the Massachusetts Latino Chamber of Commerce”.


Budget Amendment ID: FY2013-S4-268-R1

Redraft ECO 268

Individual Development Account Program

Mr. Eldridge and Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item XXXX-XXXX, <w:p><w:r><w:t xml:space="preserve">by inserting after item 7004-9316 the following new item:-

 

7004-9317 -For the Individual Development Account (IDA) program, so-called, participants for the purposes of this pilot program shall be any individual or family who is at or below 80% of the area median income, as defined from time to time by the United States department of housing and urban development, in the community in which they live, as defined by the department, for more than three years; provided, that funds shall be awarded to community-based organizations to establish local IDA programs; provided further, that funds may be used for administrative costs to operate an IDA program for financial literacy and asset-specific training and as a match for program participant savings for qualified acquisition costs with respect to a qualified principal residence for a qualified first-time homebuyer, as defined by the department; provided further, the department may determine other qualified match uses consistent with the guidelines established in federal IDA guidelines pursuant to PL 105-285, 42 USC 604; provided further, that funds may be used to secure federal asset building program funds…………………….. $100,000


Budget Amendment ID: FY2013-S4-269

ECO 269

Permit for Priority Development

Ms. Candaras moved that the proposed new text be amended Ms. Candaras moved that the bill be amended by inserting after Section ______, the following new Section:-

 

SECTION XX. Section 2 of chapter 43D of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking the definition of “priority development site”, and inserting in its place the following new definition:

 

“Priority development site”, a privately or publicly owned property that is: (1) eligible under applicable zoning provisions, including special permits or other discretionary permits, for the development or redevelopment of a building at least 50,000 square feet of gross floor area in new or existing buildings or structures; and (2) designated as an appropriate priority development site by the board. Several parcels or projects may be included within a single priority development site. Wherever possible, priority development sites should be located adjacent to areas of existing development or in underutilized buildings or facilities, or close to appropriate transit services.


Budget Amendment ID: FY2013-S4-272

ECO 272

Start-up Small Businesses and Limited Liability Companies

Ms. Spilka moved that the proposed new text be amended by inserting at the end thereof the following new section:-

 

SECTION XXX: Section 12 of Chapter 156C of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out subsection (d) and inserting in place thereof, the following subsection:-

“(d) The fee for filing of the certificate of organization required by subsection (a) shall be $500; provided however, that the fee for filing of said certificate of organization shall be $250 for a business that has 10 employees or less. The fee for the filing of the annual report required by subsection (c) shall be $500; provided however, that the fee for filing of said annual report shall be $50 for the first two annual reports that a business files after filing its initial certificate of organization.  Such fees shall be paid to the state secretary at the time the certificate of organization or the annual report is filed.”

 


Budget Amendment ID: FY2013-S4-273-R1

Redraft ECO 273

HomeBASE

Messrs. DiDomenico, Rush and Brownsberger and Ms. Chang-Diaz and Mr. McGee moved that the proposed new text be amended in section 2, in item 7004-0108, in Section 2, in item 7004-0108, by striking after the words “shall not exceed $6,000 in a 12 month period” the words “provided further, that a family shall not be able to receive assistance under this item for 12 months from the last date it received assistance through this item, including housing stabilization and economic self-sufficiency case management services;”


Budget Amendment ID: FY2013-S4-275

ECO 275

Head of the Charles

Messrs. DiDomenico and Brownsberger and Ms. Donoghue and Messrs. Petruccelli and Joyce moved that the proposed new text be amended in section 2, in item 7008-0900, by inserting after the word “commonwealth” the following: -

 

“; provided further that not less than $100,000 shall be expended for the Head of the Charles Regatta”

 

and by further striking the figure “$6,887,109” and inserting in place thereof the figure: - “$6,987,109”.


Budget Amendment ID: FY2013-S4-276

ECO 276

HomeBASE Shelter Bar Removal

Mr. Eldridge and Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 7004-0108, by striking out the words “provided further, that a family that is terminated from the program because it has received 24 successive months of rental assistance shall not be able to receive assistance under item 7004-0101 for 12 months from the last date it received assistance through this program;”


Budget Amendment ID: FY2013-S4-277

ECO 277

Arts Marketing Initiative

Mr. Downing moved that the proposed new text be amended in section 2, in item 7008-0900, by inserting at the end thereof the following:- “; provided further that no less than $50,000 shall be expended for out-of-state marketing initiatives to promote the 75th anniversary season of a music festival in Berkshire county, contingent upon the demonstration of market research that shows significant return of investment to the commonwealth for expenditure of said funds;”


Budget Amendment ID: FY2013-S4-278-R1

Redraft ECO 278

Fuel Assistance Forward Funding

Ms. Clark and Messrs. Michael O. Moore and Tarr moved that the proposed new text be amended by inserting after section 118 the following section:-

"SECTION 118A.  Notwithstanding any general or special law to the contrary, the department of housing and community development may provide not more than $10,000,000 to eligible entities that administer the federal Low Income Home Energy Assistance Program described in item 7004-2033 of section 2D to allow  such eligible entities to begin start-up operations of said program for the purposes of providing advanced funding no later than 30 days after the start of the fiscal year; provided, that the department and such eligible entities may expend a portion of these funds for approved administrative costs consistent with the current or prior year’s state plan submitted by the department in accordance with the federal program; provided further, that the department and such eligible entities may, after November 1, 2012, expend a portion of these funds to assist low-income elders, working families and other households with the purchase of heating oil, propane and natural gas and electricity and other primary or secondary heating sources; provided further, that funds expended for this purpose shall be transferred from the General Fund; and provided further, that such advanced funding shall be subject to federal reimbursement of funds described in said item 7004-2033 of said section 2D".


Budget Amendment ID: FY2013-S4-280-R2

2nd Redraft ECO 280

New England Farm Workers Council

Messrs. Welch and Knapik moved that the proposed new text be amended in section 2, in item 7003-1206, by adding at the end thereof the following:- “provided further, that funds may be expended for the New England Farm Worker’s Council”.

 


Budget Amendment ID: FY2013-S4-281

ECO 281

Home & Healthy For Good Program

Messrs. Eldridge, Knapik, Brownsberger, Donnelly and Joyce and Ms. Chang-Diaz and Messrs. Moore, Keenan and Rush moved that the proposed new text be amended in section 2, in item 7004-0104, by striking out the figure $1,400,000 and inserting in place thereof the following figure:- $2,200,000.


Budget Amendment ID: FY2013-S4-282

ECO 282

Public Housing Operating Subsidy

Messrs. Eldridge, Donnelly, DiDomenico, Michael Moore, Finegold and Brownsberger moved that the proposed new text be amended in section 2, in item 7004-9005, by striking out the figure $62,500,000 and inserting in place thereof the following figure:- $66,500,000;

 

and further amended by inserting at the end thereof the following words:- and provided further, that the administration shall make every attempt to direct efforts toward rehabilitating local housing authority family units requiring $20,000 or less in repairs.


Budget Amendment ID: FY2013-S4-283

ECO 283

Homeless Individuals Assistance

Ms. Chang-Diaz and Mr. Brownsberger moved that the proposed new text be amended in section 2, in item 7004-0102, by striking out the figure “$37,963,331” and inserting in place thereof the following figure:- “$38,902,231”


Budget Amendment ID: FY2013-S4-284-R1

Redraft ECO 284

Massachusetts Rental Voucher Program (MRVP)

Ms. Jehlen and Ms. Clark and Messrs. Brownsberger and Donnelly and Ms. Fargo and Messrs. Eldridge, DiDomenico, Michael O. Moore and Petruccelli and Ms. Chang-Diaz and Ms. Donoghue and Mr. McGee moved that the proposed new text be amended in section 2, in item 7004-9024, by striking out the figure "41,000,000" and inserting in place thereof the figure "42,000,000".


Budget Amendment ID: FY2013-S4-285

ECO 285

Social Networking and Employment

Ms. Creem moved that the proposed new text be amended by inserting after section ___ the following new section:-

 

Section ___ (a) It shall be unlawful for any employer to ask any employee or prospective employee to provide any password or other related account information in order to gain access to the employee's or prospective employee’s account or profile on a social networking website or electronic mail. No employee or prospective employee shall be required to provide access to an employer for a social networking site.

 

(b) It shall be unlawful for any public or private institution of higher education to ask any student or prospective student to provide any password or other related account information in order to gain access to the student's or prospective student’s account or profile on a social networking website or electronic mail. No student or prospective student shall be required to provide access to a public or private institution of higher education for a social networking site.

 

(c) For the purposes of this section, “Social networking site” means an internet-based service that allows individuals to: (1) construct a public or semi-public profile within a bounded system created by the service; (2) create a list of other users with whom they share a connection within the system; and (3) view and navigate their list of connections and those made by others within the system.

 

(d) This section shall not apply to any employer who obtains information about a prospective employee or an employee that is in the public domain or obtained in compliance with this section.

 

(e) This section shall not limit an employer’s right to promulgate and maintain lawful workplace policies governing the use of the employer’s electronic equipment, including policies regarding internet use, social networking site use, and electronic mail use.

 

(f) The Department of Labor shall make rules and regulations and investigations necessary for the enforcement of subsections (a),(d) and (e)of this act.

 

(g) The Board of Higher Education shall make rules and regulations and investigations necessary for the enforcement of subsection (b) of this act.

 


Budget Amendment ID: FY2013-S4-286-R1

Redraft ECO 286

Increasing the transparency of the operations of state authorities

Ms. Spilka and Mr. Tarr moved that the proposed new text be amended by inserting, after section 55 the following section:-

 

“SECTION 55A. Subsection (a) of section 29K of said chapter 29, added by section 41 of chapter 68 of the acts of 2011, is hereby amended by striking out the following words “that receives a total amount of appropriations from the commonwealth equal to or in excess of $500,000 in any fiscal year shall, on an annual basis conduct an audit of those funds” and inserting in place thereof the following words:- shall be subject to section 12 of chapter 11 and shall, on an annual basis, conduct an independent audit of its funds.  The results of both audits and the audited financial statements of the authority shall be provided annually to the secretary of administration and finance who shall publish the audits and audited financial statements on the searchable website developed and operated under section 14C of chapter 7.”


Budget Amendment ID: FY2013-S4-287

ECO 287

Waltham Tourism Council

Ms. Fargo moved that the proposed new text be amended in section 2, in item 7008-0900, by inserting after the words “General Laws;” the following words: -

 

“provided further, that no less than $75,000 shall be appropriated for the Waltham Tourism Council;”


Budget Amendment ID: FY2013-S4-289

ECO 289

Summer Jobs for At-Risk Youth

Ms. Chang-Diaz and Messrs. Donnelly, Moore and Brownsberger moved that the proposed new text be amended in section 2, in item 7002-0012, by striking out the figure "$3,000,000" and inserting in place thereof the following figure:- "$12,000,000"


Budget Amendment ID: FY2013-S4-290

ECO 290

Massachusetts Service Alliance

Messrs. Wolf, Knapik, Keenan, Eldridge, Rosenberg and Welch and Ms. Chang-Diaz and Messrs. Brownsberger, Michael O. Moore and Kennedy and Ms. Donoghue and Ms. Candaras and Mr. McGee moved that the proposed new text be amended in section 2, in item 7003-1206, by striking out the figure “$500,000” and inserting in place thereof the following figure: - “$750,000.”


Budget Amendment ID: FY2013-S4-291

ECO 291

Abington Tricentennial

Mr. Keenan moved that the proposed new text be amended in section 2, in item 7008-1000, by inserting after "administrative services" the following:-

 

"provided further that not less than $10,000 be appropriated to the Town of Abington for costs associated with the town's Tricentennial celebration"


Budget Amendment ID: FY2013-S4-292

ECO 292

Supportive Housing Program

Mr. Donnelly moved that the proposed new text be amended in section 2, in item 7004-9024, by inserting after the words "Massachusetts rental voucher supportive housing program to serve" the following words:- homeless individuals and.


Budget Amendment ID: FY2013-S4-294

ECO 294

Employment Services Programs

Messrs. Keenan, Eldridge and Knapik moved that the proposed new text be amended in section 2, in item 4401-1000, by striking out the figure "$3,904,506" and inserting in place thereof the following figure:- "$8,109,035”


Budget Amendment ID: FY2013-S4-295

ECO 295

Family Shelters

Mr. Keenan moved that the proposed new text be amended in section 2, in item 7004-0101, by striking out the figure "$96,679,154" and inserting in place thereof the following figure:- "$100,368,742"


Budget Amendment ID: FY2013-S4-296

ECO 296

Support Zoo New England

Ms. Clark and Ms. Donoghue and Mr. Hart and Ms. Chang-Diaz and Messrs. Brownsberger, DiDomenico and Joyce moved that the proposed new text be amended in section 2, in item 7007-0952, by striking out the figure “$3,500,000” and inserting in place thereof the following figure:- “$3,750,000”.


Budget Amendment ID: FY2013-S4-297

ECO 297

Promotional Fund

Mr. Kennedy moved that the proposed new text be amended Mr. Kennedy moved that the bill be amended by inserting, after section ___, the following new section:-

 

"Section ___: Notwithstanding chapter 128C of the General Laws or any other general or special law or rule or regulation to the contrary, the greyhound meeting licensees located in Bristol county shall receive a credit of $75,121.20 for unreimbursed Promotional Fund projects which credit shall be applied against said licensees payment obligation to the Racing Stabilization Fund established pursuant to section 20 of chapter 167 of the acts of 2009, as amended by section 14 of chapter 86 of the acts of 2010.".


Budget Amendment ID: FY2013-S4-298

ECO 298

Housing Development

Mr. Tarr moved that the proposed new text be amended by inserting after section _ the following section:-

 

SECTION _.  Section 2 of chapter 43D of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word “selectmen.”, in line 5, the following words:-

 

“Housing Priority Zone”, a privately or publicly owned property, a zoning district or a zoning overlay district zoned and designated for the development or redevelopment of housing which:

 

1.       Exceeds the allowable unit density by a minimum of 50 percent greater than the density allowed prior to designation as a priority zone, and shall in no case have a lot size greater than ½ acre;

2.       Includes a minimum of 40% of its units as affordable housing, as defined in Section 2 of Chapter 40R;

3.       May incorporate the use of zoning methods known as cluster development, as defined in Section 9 of Chapter 40A of the General Laws, or open space residential design; and

4.       Is designated a priority development site by the board, in consultation with the Department of Housing and Community Development.

SECTION _.  Chapter 43D, as so appearing, is hereby further amended by inserting after section 16 the following sections:-

 

Section 17.   For the purposes of determining consistency with the definition of “consistent with local needs” contained in Section 20 of Chapter 40b of the General Laws, a housing unit developed in a housing priority zone shall be credited at the rate of 1.75 units upon the issuance of a building permit.

Section 18. Any individual or family residing in affordable housing within a housing priority zone shall report to the local administrative office responsible for housing development and administration not less than once every three years to certify that the property has not been sold or otherwise transferred to an individual or family who exceeds the income limits of the affordable housing program. If said property is sold or otherwise transferred to an individual or family who do not exceed the income limits, then the reporting responsibility shall devolve to the new owner or owners of the property.

Section 19.  Notwithstanding any general or special law to the contrary, the real estate tax assessed to a property designated as a priority development site shall be on a pro rata basis to the days remaining in the fiscal year from the date of the issue of the temporary or permanent occupancy permit to the end of the fiscal year.

 


Budget Amendment ID: FY2013-S4-299-R1

Redraft ECO 299

Maintaining Access to Emergency Shelter for Certain Homeless Families

Mr. Donnelly and Ms. Spilka and Messrs. Eldridge, Michael O. Moore, Rodrigues and Joyce and Ms. Clark and Ms. Fargo and Mr. Brownsberger and Ms. Creem and Messrs. Finegold, DiDomenico, Rush and Keenan and Ms. Chang-Diaz and Messrs. Petruccelli, Rosenberg, Wolf and Montigny and Ms. Chandler and Mr. McGee moved that the proposed new text be amended in section 2, in item 7004-0101, by striking out the words “provided further, that those families that shall be eligible for assistance through a temporary emergency family shelter shall be: (i) families that are at risk of domestic abuse in their current housing situation; (ii) families that, through no fault of their own, are homeless due to fire, flood or natural disaster; (iii) families that, through no fault of their own, have been subject to eviction from their most recent housing due to foreclosure, condemnation or nonpayment of rent caused by a significant increase in expenses due to a change in household composition or caused by a documented loss of income within the past 12 months directly as a result of loss of a job, reduction in hourly pay rate, employment hours or unemployment benefits, documented medical condition or diagnosed disability; and (iv) families who are in a housing situation where they are not the primary lease holder and there is substantial health and safety risk to the family that is likely to result in significant harm should the family remain in said housing situation; provided further, that said health and safety risk shall be determined by the department of children and families through risk assessments;”

and inserting in place thereof the following words:-

provided further, that those families that shall be eligible for assistance through a temporary emergency family shelter shall include: (i) families that are at risk of domestic abuse in their current housing situation or who are homeless because they previously fled domestic violence; (ii) families that are homeless due to fire, flood or natural disaster; (iii) families that, through no fault of their own, have been subject to eviction from their most recent housing due to foreclosure, condemnation,  in the case of a family who was evicted from private housing or federal public housing, conduct by a guest or former household member who is not part of the household seeking emergency shelter and over whose conduct the remaining household members had no control, or nonpayment of rent caused by a significant increase in expenses or decrease in income due to a change in household composition or documented medical condition or diagnosed disability, or caused by a documented loss of income within the last 15 months, directly as a result of loss of a job, reduction in hourly pay rate, reduction of employment hours, reduction or loss of unemployment benefits or other source of income, documented medical condition or diagnosed disability; and (iv) families who are in a housing situation where they are not the primary lease holder or who are in a housing situation not meant for human habitation and where there is a substantial health and safety risk to the family that is likely to result in significant harm should the family remain in said housing situation; provided further, that said health and safety risk shall be determined by the department of children and families through risk assessments; provided further, that no later than 15 days in advance of implementation of this item, the department of housing and community development shall provide to the house and senate clerks, the house and senate committees on ways and means, and the joint committee on housing, the written criteria to be used to determine if a substantial health and safety risk “is likely to result in significant harm” under subsection (iv) of this item; provided further, that the department shall report to the house and senate clerks, the house and senate committees on ways and means, and the joint committee on housing, monthly beginning August 1, 2012 detailing: (a) the number of families who were denied entry into shelter who would have been eligible in fiscal year 2012; (b) for each family in subparagraph (a), a breakdown of the individuals affected by age and by gender; (c) the reasons for which those families were denied entry into shelter; (d) what other services those families were connected to; and (e) the resulting housing situation for each family; ”

and further by striking out the words “provided further, that families receiving benefits under this item shall have 30 per cent of their income set aside in a savings account;” and inserting in place thereof the words:-

provided further, that families receiving benefits under this item shall have 30 per cent of their income set aside in a savings account, subject to reasonable exceptions as set forth in departmental regulations in effect in fiscal year 2012;

and further by striking out the words “30 days before promulgating” and inserting in place thereof the words “60 days before promulgating”.