Amendment #1293, as changed to H.4200

Amendment #1293, as changed to H4200

HWM Perfecting Amendment

Mr. Dempsey of Haverhill by striking out the amendment in its entirety and inserting in place thereof the following:-

Fiscal Note: -$27,335,553

Mr. Dempsey of Haverhill moves to amend H. 4200 in section 2, in item 0321-1600, by striking the figure “$18,000,000” and inserting in place thereof the following figure:- $18,500,000

And further moves to amend the bill in section 2, in item 1108-5200, by striking out the figure “$1,674,331,829” and inserting in place thereof the following figure:- $1,643,114,709

And further moves to amend said section 2, in item 1108-5400, by striking out the figure “$54,160,000” and inserting in place thereof the following figure:- $51,376,567

And further moves to amend said section 2, by inserting after item 1233-2400, the following item:-

1233-2401 For reimbursements to qualifying cities and towns for additional educational costs pursuant to chapter 40S of the General Laws…………………………………………$250,000;

And further moves to amend said section 2, in item 1410-0012, as inserted by Consolidated “D”, by striking the figure “$35,000” and inserting in place thereof the following figure:- $60,000

And further amend said item by striking the figure “$3,667,641” and inserting in place thereof the following figure:- $3,692,641

And further moves to amend said section 2, in item 1595-6368, as amended by Consolidated “B”, by striking out the following:- “ and in said item by striking out the figures,

And further moves to amend said section 2, in item 1599-0026, as amended by Consolidated “I” by inserting after the words “Quincy in fiscal year 2017;” the following words:- provided further, that not less than the amount appropriated in this item in section 2 of chapter 165 of the acts of 2014 for the city of Haverhill shall be expended again in fiscal year 2017;

And further moves to amend said item by striking out the figure “$6,480,000” and inserting in place thereof the following figure:- $6,980,000;

And further moves to amend said section 2, by inserting after item 1599-1977, the following item:-

1599-2014 For a reserve for victim assistance to be paid to the estate of the plaintiff in the case of Davis v. Rennie, civil action NO. 96-cv-11598MEL; provided, that the funds shall satisfy in part the judgment….$250,000

And further moves to amend said section 2, in item 2810-0100, as amended by Consolidated “C”, by inserting after the words “Pond in Hanson;” the following:- provided further, that not less than $50,000 shall be expended for the MacDonald park in Medford; provided further, that not less than $100,000 shall be expended for the Blue Hills Trailside Museum;

And further amend said item, by striking the figure “$39,536,430” and inserting in place thereof the following figure:- $39,686,430

And further moves to amend said section 2, in item 3000-3060, by inserting after the words “address such deficiency” the following:- provided further, that reimbursements to providers for services rendered in prior fiscal years may be expended from this item; provided further, that the department shall recoup funds owed by providers related to payments made by the department in the prior fiscal year by reducing payments to said provider for services related to this item rendered in fiscal year 2017

And further moves to amend said section 2, in item 3000-4060, by inserting after the words “fiscal year 2017” the following:- provided further, that reimbursements to providers for services rendered in prior fiscal years may be expended from this item; provided further, that the department shall recoup funds owed by providers related to payments made by the department in the prior fiscal year by reducing payments to said provider for services related to this item rendered in fiscal year 2017

And further move to amend said section 2, in item 3000-7050, as amended by Consolidated “A”, by inserting after the words “Massachusetts Quality Rating and Improvement System” the following words:- ; provided further, that not less than $100,000 shall be expended for Square One , a regional early education daycare provider in Western Massachusetts;

And further move to amend said item by striking out the figure “$14,114,626” and inserting in place thereof the following figure:- $14,214,626;

And further moves to amend the bill in section 2, in item 4401-1000, as amended by Consolidated “D”, by striking the figure “$794,000” and inserting in place thereof the following figure:- $894,000

And further amend said item by striking the figure “$11,794,000” and inserting in place thereof the following figure:- $11,894,000

And further moves to amend the bill in section 2, in item 4510-0600, by inserting at the end thereof the following:- ; provided, that not less than $25,000 shall be expended to the Silent Spring Institute

And further amend said item by striking the figure “$3,936,554” and inserting in place thereof the following figure:- $3,961,554

And further moves to amend the bill in section 2, in item 4512-0200, as amended by Consolidated “F”, by striking the following “provided further, that not less than $100,000 shall be expended to the Berkshire County Youth Development Project for youth intervention services” and inserting in place thereof the following:- provided further, that not less than $200,000 shall be expended to the Berkshire County Youth Development Project for youth intervention services

And further amend said item by striking the figure “$128,972,987” and inserting in place thereof the following figure:- $129,072,987

And further moves to amend the bill in section 2, in item 4513-1098, as amended by Consolidated “F”, by inserting at the end thereof the following:- ; and provided further, that not less than $100,000 shall be expended for Women Survivors of Homicide Movement of Roslindale

And further amend said item by striking the figure “$200,000” the second time it appears and inserting in place thereof the following:- $300,000

And further moves to amend the bill in section 2, in item 4513-1130, as amended by Consolidated “F”, by inserting after the words “Malden & Medford” the following words:- provided further, further that not less than $10,000 shall be expended to Delamano, Inc. in Lawrence toward community outreach on domestic violence;

And further amend said item by striking the figure “$30,797,153” and inserting in place thereof the following figure:- $30,807,153

And further moves to amend the bill in section 2, in item 4590-0250, as amended by Consolidated “F”, by striking the figure “$35,000” and inserting in place thereof the following figure:- $75,000

And further amend said item by striking the figure “$12,092,830” and inserting in place thereof the following figure:- $12,132,830

And further moves to amend the bill in section 2, in item 4590-1507, as amended by Consolidated “F”, by striking the following “Methuen YMCA” and inserting in place thereof the following:- Lawrence YWCA

And further moves to amend the bill in section 2, in item 4800-0038, as amended by Consolidated “D”, by inserting after the words “Pioneer Valley” the following words:- provided further, that not less than $50,000 shall be expended for the Massachusetts Citizens for Children

And further amend said item by striking the figure “$283,612,853” and inserting in place thereof the following figure:- $283,662,853

And further moves to amend the bill in section 2, in item 7000-9401, by striking out the words “40.7 cents” and inserting in place thereof the following words:- 44.7 cents;

And further moves to amend said item by striking out the figure “$9,883,482” and inserting in place thereof the following figure:- $10,133,482

And further moves to amend the bill in section 2, in item 7002-0036, by inserting after the word “development” the following:- ; and provided further, that funds may be used for planning grants to local housing authorities and municipalities in urban areas to develop new affordable rental or homeownership housing”

And further moves to amend the bill in section 2, in item 7004-0099, as amended by Consolidated “E” by inserting after the words “Development in Brighton;” the following words:- provided further, that not less than $45,000 shall be expended for a caseworker position under the Housing Assistance Corporation (HAC) in Hyannis to assist residents of Martha’s Vineyard who are homeless or at risk for homelessness;

And further amend said item by striking the figure “$7,427,921” and inserting in place thereof the following figure:- $7,472,921

And further moves to amend the bill in section 2, in item 7004-0101, as amended by Consolidated “E” by striking out the following words “provided further, that not less than $65,000 shall be expended for Emmaus Inc. of Haverhill; provided further, that as a one-year pilot program, the department may expend not more than $300,000 under item 7004-0108 on families residing in time-limited temporary emergency shelters and residential treatment programs under items 4512-0200, 4513-1130, and 4800-0038 if such families otherwise meet all eligibility requirements applicable to emergency shelter under item 7004-0101, except that, solely for the purpose of item 7004-0108, the fact that a family is residing in a temporary emergency domestic violence shelter under items 4513-1130 or 4800-0038 or in a residential treatment program under item 4512-0200 shall not preclude such family from receiving assistance; and provided further, that any unit in such temporary emergency shelters or residential treatment programs under items 4512-0200, 4513-1130, or 4800-0038 vacated through use of funds under this pilot program shall be filled by a family (i) eligible both for emergency shelter under item 7004-0101 and for entry into such temporary emergency shelter or residential treatment program under item 4512-0200, 4513-1130, or 4800-0038 and (ii) referred to such temporary emergency shelter or residential treatment program under item 4512-0200, 4513-1130, or 4800-0038 by the department”

And further moves to amend the bill in section 2, in item 7004-0102, as amended by Consolidated “E” by inserting after the words “Prevent and End Homelessness;” the following words:- provided further, that not less than $65,000 shall be expended for Emmaus Inc. of Haverhill;

And further moves to amend said item by striking out the figure “$44,870,000” and inserting in place thereof the following figure:- $44,935,000

And further moves to amend the bill in section 2, in item 7004-0108, by inserting after the words “amounts appropriated herein” the following words:- provided further, that as a one-year pilot program, the department may expend not more than $300,000 under item 7004-0108 on families residing in time-limited temporary emergency shelters and residential treatment programs under items 4512-0200, 4513-1130, and 4800-0038 if such families otherwise meet all eligibility requirements applicable to emergency shelter under item 7004-0101, except that, solely for the purpose of item 7004-0108, the fact that a family is residing in a temporary emergency domestic violence shelter under items 4513-1130 or 4800-0038 or in a residential treatment program under item 4512-0200 shall not preclude such family from receiving assistance; and provided further, that any unit in such temporary emergency shelters or residential treatment programs under items 4512-0200, 4513-1130, or 4800-0038 vacated through use of funds under this pilot program shall be filled by a family (i) eligible both for emergency shelter under item 7004-0101 and for entry into such temporary emergency shelter or residential treatment program under item 4512-0200, 4513-1130, or 4800-0038 and (ii) referred to such temporary emergency shelter or residential treatment program under item 4512-0200, 4513-1130, or 4800-0038 by the department”

And moves to further amend the bill in section 2, in item 7004-9030, as amended by Consolidated “E”, by striking the figure “$5,000,000” and inserting in place thereof the following figure:- $6,000,000

And moves to further amend the bill in section 2, by inserting after item 7007-0800 the following item:-

7007-0801 For microlending grants of up to $100,000 which shall 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, and providing technical assistance to applicants and borrowers in order to foster business establishment and success; provided, that the funds shall be used to support the eligible organizations’ lending and technical assistance activities ……………….. $200,000

And moves to further amend the bill in section 2, in item 7008-0900, as amended by Consolidated “I” by inserting after the words “item 7008-1000” the following words:- provided further, that not less than $20,000 shall be expended for the old schoolhouse restoration project in Freetown; provided further, that not less than $25,000 shall be expended to the Wareham tourist council; provided further, that funds shall be expended on visitor information centers; provided further, that not less than the amount appropriated in item 7007-0800 in section 2 in chapter 139 of the acts of 2012 shall be expended for the Winthrop and Revere chambers of commerce; provided further, that not less than the amount appropriated in this item in section 2 of chapter 165 of the acts of 2014 shall be expended for a child safety program in the town of Winthrop; provided further, that not less than $100,000 shall be expended for an economic development grant to the town of Avon; provided further, that not less than the amount appropriated in this item in section 2 of chapter 165 of the acts of 2014 shall be expended for a child safety program in the town of Revere; provided further, that not less than $25,000 shall be expended for the Haverhill Inner City Boxing Club, Inc.; provided further, that not less than $25,000 shall be expended for Haverhill Downtown Boxing, Inc.; provided further, that not less than $50,000 shall be expended for the Merrimack Valley Chamber of Commerce; provided further, that not less than $25,000 shall be expended for the Greater Haverhill Chamber of Commerce; provided further, that not less than $25,000 shall be expended for the St. James food pantry in the city of Haverhill; provided further, that not less than $25,000 shall be expended for the Power of Self Education (POSE) Inc. in the city of Haverhill; provided further, that not less than $50,000 shall be expended to the American Legion Post 4 located in Haverhill; provided further, that not less than $75,000 shall be expended for a transportation grant to the city of Milford; and provided further, that not less than $100,000 shall be expended for YWCA Haverhill;

And further moves to amend said item by striking out the figure “$10,397,833” and inserting in place thereof the following figure:- $11,492,833

And further moves to amend section 2, by inserting after item 7035-0006, the following item:-

7035-0007 For reimbursements to cities, towns, regional vocational or county agricultural school districts, independent vocational schools or collaboratives for certain expenditures for transportation of nonresident pupils to approved vocational-technical programs of any regional or county agricultural school district, city, town, independent school or collaborative under section 8A of chapter 74 of the General Laws; provided, that if the amount appropriated is insufficient to fully fund said section 8A of said chapter 74, initial reimbursements made by the department of elementary and secondary education may be prorated by the department to all eligible cities, towns, regional vocational or county agricultural school districts, independent vocational schools or collaboratives; and provided further, that upon a determination by the department that the funds appropriated in this item are insufficient to meet the commonwealth's full obligation under said section 8A of said chapter 74, the department shall within 10 days notify the secretary of administration and finance, the joint committee on education, and the house and senate committees on ways and means of the amount needed to fully fund the obligation…….$250,000

And further moves to amend said section 2, in item 7066-0040, as inserted by Consolidated “A”, by striking out the figure “2016” and inserting in place thereof the following figure:- 2017;

And further moves to amend the bill in section 2, in item 7100-4000, by striking out the words “provided further, that the allocation of funds shall be approved by the board of higher education; and provided further, that in developing the allocation among campuses, the commissioner shall ensure that no campus receives less in fiscal year 2017 than in fiscal year 2016” and inserting in place thereof the following words:- and provided further, that the allocation of funds shall be approved by the board of higher education

And further moves to amend the bill in section 2, in item 8000-0010, by inserting after the words “police department;” the following:- provided further, that new and existing programs shall be eligible for grants

And further moves to amend the bill in section 2, in item 8324-0000, as inserted by Consolidated “H” by striking the figure “$10,000” and inserting in place thereof the following:- $25,000;

And further amend said item by striking the figure “$23,898,381” and inserting in place thereof the following figure:- $23,913,381

And further moves to amend the bill in section 2, in item 9110-9002, as inserted by Consolidated “G”, by inserting after the words “Dedham town hall;” the following:- provided further, that not less than $25,000 shall be expended to the Westfield Senior Center

And further amend said item by striking the figure “$14,650,000” and inserting in place thereof the following figure:- $14,675,000

And moves to further amend the bill by inserting after section 5A, as inserted by Consolidated Amendment “B” the following section:-

SECTION 5A1. Section 33 of chapter 7C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the last sentence of the 12th paragraph the following words:- After the hearing is conducted, the commissioner shall make a draft of any reuse restrictions available to the public, and shall accept written comments for a period of 21 days. If after the hearing is conducted the commissioner determines that no reuse restrictions are necessary, the commissioner shall make that decision publicly known, and accept written comments on that decision for a period of 21 days.

And moves to further amend the bill by inserting after section 5B, as inserted by Consolidated Amendment “B”, the following section:-

SECTION 5B1. Section 34 of said chapter 7C, as so appearing, is hereby amended by inserting after the last sentence of the 4th paragraph, the following words:- After the hearing is conducted, the commissioner shall make a draft of any reuse restrictions available to the public, and shall accept written comments for a period of 21 days. If after the hearing is conducted the commissioner determines that no reuse restrictions are necessary, the commissioner shall make that decision publicly known, and accept written comments on that decision for a period of 21 days.

And moves to further amend the bill in section 6D, as inserted by Consolidated Amendment “A”, by inserting after the word “sentence” the following words:- and sixth sentence.

And moves to further amend the bill by inserting after section 19 the following section:-

SECTION 19C. Subsection (b) of section 66 of said chapter 118E is hereby amended by striking out the second sentence, as inserted by section 19;

And further moves to amend the bill, in section 29, by inserting after the words “Middlesex Superior Court, No. 95-7378” the following words:- ; provided, however, that if, in fiscal year 2017, the unexpended balances of items 0699-0014, 0699-0015, 0699-2005 and 0699-9100 is less than 30 per cent of all payments received by the commonwealth in fiscal year 2017 under the master settlement agreement payments, an amount equal to the difference shall be transferred to the State Retiree Benefits Trust Fund from payments received by the commonwealth under the master settlement agreement in Commonwealth of Massachusetts v. Philip Morris, Inc. et al., Middlesex Superior Court, No. 95-7378.

And moves to further amend the bill by striking out section 32B, as inserted by Consolidated Amendment “C”.

And moves to further amend the bill by striking out section 44A, as inserted by Consolidated Amendment “B” and inserting in place thereof the following section:-

SECTION 44A. Notwithstanding the provisions of any general or special law to the contrary, the personnel administrator shall certify any active employee who was transferred pursuant to chapter 25 of the acts of 2009 to, hired after November 1, 2009 into, or is serving provisionally or by emergency appointment in, any labor service position in the Massachusetts Department of Transportation on April 30, 2016 to permanent civil service status in that position; provided, however, that any such employee not serving in the position for at least six months immediately prior to April 30, 2016, shall serve a probationary period as provided by section 34 of chapter 31 of the General Laws. The civil service seniority date for employees certified as provided herein shall be the first date of service in the position but not before November 1, 2009. The civil service seniority date of any person who held permanent civil service status in a labor service position at the former Massachusetts Highway Department or the department of conservation and Recreation immediately prior to November 1, 2009 and was transferred to the Massachusetts Department of Transportation shall not be affected.;

And moves to further amend the bill by striking out section 46B, as inserted by Consolidated Amendment “A” and inserting in place thereof the following section:-

SECTION 46B. (a) There shall be a special commission to study and make recommendations to improve efficiencies relative to transportation for homeless students in the commonwealth. The special commission shall consist of the following members or their designees: the house and senate chairs of the joint committee on education, the house and senate chairs of the committee on children, families and persons with disabilities, the house and senate chairs of the joint committee on housing, the commissioner of elementary and secondary education, the commissioner of transitional assistance, and 3 members who shall be appointed as follows: 1 member appointed by the senate president who shall be a representative from an organization that services homeless families; 1 member appointed by the speaker of the house of representatives who shall be a member of the Massachusetts Municipal Association with knowledge of municipal finance; and 1 member appointed by the governor who shall be a representative from a transportation company that services homeless students.

(b) The commission shall study and report on the following: (i) non-identifiable data relative to homeless students in the state, including age groups and geographic settings; (ii) a review of the federal McKinney-Vento Homeless Children and Youth Assistance Act and recommendations on improving efficiencies relative to homeless student transportation; (iii) a review of methods districts use to transport homeless students, including current costs and bid processes in procuring transportation; (iv) a budget assessment of transportation for homeless students, including an assessment of federal funding provided to the state under the McKinney-Vento Homeless Assistance Act; and (vi) recommendations for improving transportation services for homeless students. The commission, in formulating its recommendations, shall take into account the best policies and practices in other states. The commission shall hold no fewer than 5 public meetings, and may hold hearings and other forums as it considers necessary.

(c) The commission shall file its report and recommendations with the clerks of the senate and the house of representatives who shall forward the same to the senate and house chairs of the joint committee on education no later than July 1, 2017.

And moves to further amend the bill by striking out, in section 46C, as inserted by Consolidated Amendment “A”, the second paragraph and inserting in place thereof the following paragraph:-

The commission shall consist of the following members or their designees: the house and senate chairs of the joint committee on education, who shall serve as co-chairs; the house and senate chairs of the joint committee on children, families and persons with disabilities; 1 member of the house as appointed by the minority leader of the house of representatives; 1 member of the senate as appointed by the minority leader of the senate; the commissioner of elementary and secondary education; the commissioner of public health; the commissioner of developmental disabilities; the commissioner of mental health; a representative of the commission for the blind; a representative of the commission for the deaf and hard of hearing; and 1 person representing each of the following organizations: the Massachusetts Administrators for Special Education, the Urban Superintendents Group, the Massachusetts Organization of Educational Collaboratives, the Massachusetts Association of 766 Approved Private Schools, the Massachusetts Advocates for Children, the Federation for Children with Special Needs, Massachusetts Developmental Disabilities Council, and the Massachusetts Head Injury Foundation.

And moves to further amend the bill by striking out, in section 46D, as inserted by Consolidated Amendment “A”, the second paragraph and inserting in place thereof the following paragraph:-

The commission shall consist of the following members or their designees: 5 persons appointed by the governor, 1 of whom shall be designated by the governor to serve as chair, 1 of whom shall have expertise in finance and investment, and 3 of whom shall be parents or guardians of current college students; 1 member of the senate to be appointed by the senate president; 1 member of the senate to be appointed by the senate minority leader; 1 member of the house of representatives to be appointed by the speaker; 1 member of the house of representatives to be appointed by the minority leader; a representative from the University of Massachusetts office of the president; a representative from the University of Massachusetts director of libraries; 2 members of the Student Advisory Council; a representative from the Massachusetts Office of Financial Assistance; the commissioner of higher education, or a designee; a member of the board of higher education; a representative of the Massachusetts State College Association; a representative of the Massachusetts Community Colleges Executive Office; a representative from the Massachusetts State University Council of Presidents; a representative from the Pioneer Institute; a member of the Massachusetts Society of Certified Public Accountants; and a member of the Association of Independent Colleges and Universities in Massachusetts.

And moves to further amend the bill by inserting after section 31 the following section:-

SECTION 31A. Notwithstanding any general or special law to the contrary, the comptroller shall, on or before August 1, 2016, transfer $2,500,000 from the General Fund to the trust established pursuant to section 2 of chapter 496 of the acts of 2014.

And further moves to amend the bill in section 49 by striking out the words “Section 18” and inserting in place thereof the following words:- Sections 18 and 19C.