NOTICE: - While reasonable efforts have been made to assure the accuracy of the data herein, this is NOT the official version of Senate Journal. It is published to provide information in a timely manner, but has not been proofread against the events of the session for this day. All information obtained from this source should be checked against a proofed copy of the Senate Journal.


UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the Commonwealth of Massachusetts

JOURNAL OF THE SENATE.

Wednesday, March 26, 2008.

Met according to adjournment, at eleven o’clock A.M. (Ms. Spilka in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

The Chair (Ms. Spilka), members, guests and employees then recited the pledge of allegiance to the flag.

Reports.

The following reports were severally read and placed on file:
A report of the Massachusetts Workforce Alliance submitting a copy of the new Massachusetts Workforce Alliance report, “Working to Succeed: Individuals, the Commonwealth and Community Based Organizations” (received Thursday, March 20, ( 2008);
A report of the Division of Unemployment Assistance (under the provisions of Section 14F of Chapter 151A of the General Laws) relative to the condition of the Unemployment Insurance Trust Fund for the month of February 2008 (received Tuesday, March 25, 2008); and
A report of the Office of the Commissioner of Banks (pursuant to Chapter 206 of the Acts of 2007) relative to fees proposed in connection with the licensing of mortgage loan originators (received Tuesday, March 25, 2008).

Reports of Committees.

By Ms. Fargo, for the committee on Public Health, on petition, a Bill to ensure payment for criminal offender record information checks for long term care employees (Senate, No. 1260);
By the same Senator, for the same committee, on petition, a Bill relative to continuing education for prescribers (Senate, No. 1265); and
By Mr. Timilty, for the committee on Public Safety and Homeland Security, on petition, a Bill requiring health care employers to develop and implement programs to prevent workplace violence (Senate, No. 1345);
Severally referred, under Joint Rule 1E, to the committee on Health Care Financing.

By Mr. Moore, for the committee on Health Care Financing, on petition, a Bill relative to food allergy awareness in restaurants (Senate, No. 136) [Estimated cost — more than $100,000];
By the same Senator, for the same committee, on petition, a Bill adopting the nurse licensure compact (Senate, No. 2437) [Estimated cost — more than $100,000];
By Mr. Timilty, for the committee on Public Safety and Homeland Security, on petition, a Bill creating the public safety officers catastrophic injury fund (Senate, No. 1339);
By the same Senator, for the same committee, on petition, a Bill regarding the Charles E. Shannon community safety initiative (Senate, No. 1355);
By the same Senator, for the same committee, on petition, a Bill relative to changing the hoisting law (Senate, No. 1356);
By the same Senator, for the same committee, on petition, a Bill relative to amusement devices (Senate, No. 1358);
By Mr. Baddour, for the committee on Transportation, on Senate, Nos. 2056 and 2098, a Bill relative to special veterans plates (Senate, No. 2056);
By the same Senator, for the same committee, on petition, a Bill relative to motor vehicle registrations (Senate, No. 2061);
By the same Senator, for the same committee, on petition, a Bill implementing lane designation on the Massachusetts turnpike for toll collection (Senate, No. 2091); and
By the same Senator, for the same committee, on petition, a Bill to provide counseling services and medical leave for crew members of a railroad company involved in an accident resulting in loss of life or serious bodily injury. (Senate, No. 2113);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Timilty, for the committee on Public Safety and Homeland Security, on petition, a Bill relative to certain ammunition (Senate, No. 1359);
By the same Senator, for the same committee, on petition, a Bill further regulating the issuance of firearm identification cards and licenses to carry firearms (Senate, No. 1365);
By Mr. Baddour, for the committee on Transportation, on petition, a Bill relative to the modification of the helmet law (Senate, No. 2076); and
By the same Senator, for the same committee, on petition, a Bill relative to the helmet law standards (Senate, No. 2077);

By Mr. Timilty, for the committee on Public Safety and Homeland Security, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1390) of Michael R. Knapik, James E. Timilty, Cleon H. Turner, John P. Fresolo and other members of the general court for legislation to authorize the police officers to take certain actions outside their jurisdiction; and
By Mr. Baddour, for the committee on Transportation, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 2087) of Karen E. Spilka for legislation relative to the maintenance of the Massachusetts turnpike authority’s toll discount program;
Severally referred, under Senate Rule 36, to the committee on Ethics and Rules.

Committees Discharged.

Mr. Baddour, for the committee on Transportation, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 2117) of Steven A. Tolman for legislation relative to the security of rail facilities,— and recommending that the same be referred to the committee on Public Safety and Homeland Security.
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence.

Mr. Montigny, for the committee on Bonding, Capital Expenditures and State Assets, reported, asking to be discharged from further consideration of the House Bill relative to the economic development of the Commonwealth (House, No. 4383),— and recommending that the same be recommitted to the Senate committee on Ways and Means.
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence in the discharge of the joint committee.

Mr. Baddour, for the committee on Transportation, reported, asking to be discharged from further consideration
Of the petition (accompanied by bill, Senate, No. 2035) of Stephen M. Brewer, Kathi-Anne Reinstein, Richard T. Moore, John P. Fresolo and other members of the General Court for legislation to further regulate the sale of distinctive registration plates for veterans; and
Of the petition (accompanied by bill, Senate, No. 2085) of Stanley C. Rosenberg, Scott P. Brown, Steven A. Baddour, Daniel E. Bosley and other members of the General Court for legislation relative to regional transit authorities;
And recommending that the same severally be referred to the Senate committee on Ways and Means.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.
Severally sent to the House for concurrence in the discharge of the joint committee.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Berry) “honoring Jon Kimbell on his retirement from the North Shore Music Theatre”;
Resolutions (filed by Ms. Walsh) “congratulating Frank Geishecker on the occasion of his retirement as Treasurer for the town of Dedham”;
Resolutions (filed by Ms. Walsh) “congratulating Lieutenant Colonel John C. McClellan, Jr., for his service to the Liberty Battalion of the Reserve Officer Training Corps.”; and
Resolutions (filed by Ms. Walsh) “congratulating Oliver Melvin on the occasion of his eightieth birthday.”

Reports of Committees.

By Mr. Downing, for the Senate committee on Ethics and Rules, that the Senate Bill establishing a charter school working group (Senate, No. 282),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Brown, and the bill was read a second time and ordered to a third reading.

Mr. Downing, for the committee on Ethics and Rules, reported that the following matter be placed in the Orders of the Day for the next session:
The Senate Bill relative to the recorking of wine (Senate, No. 198).
There being no objection, the rules were suspended, on motion of Mr. Brown, and the bill was read a second time and ordered to a third reading.

Mr. Downing, for the committee on Ethics and Rules, reported that the following matter be placed in the Orders of the Day for the next session:
The Senate Bill relative to naming a portion of the Bremen Street Park in East Boston (Senate, No. 2393).
There being no objection, the rules were suspended, on motion of Mr. Brown, and the bill was read a second time and ordered to a third reading.

Mr. Downing, for the committee on Ethics and Rules, reported that the following matter be placed in the Orders of the Day for the next session:
The House Bill relative to the Essex Regional Retirement System (printed as Senate, No. 1540, changed).
There being no objection, the rules were suspended, on motion of Mr. Brown, and the bill was read a second time and ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to the joint labor and management committee (Senate, No. 1095),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Brown, and the bill was read a second time and ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to the prohibition of fishing gear containing lead (Senate, No. 2505),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2575).
There being no objection, the rules were suspended, on motion of Mr. Brown, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2575) was then ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill requiring continuing education of construction supervisors (House, No. 4344),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Brown, and the bill was read a second time and ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Brian Leonard, an employee of the Department of Revenue (House, No, 4532),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Brown, and the bill was read a second time and ordered to a third reading.

By Mr. Downing, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Steven A. Baddour, Gerard T. Leone, Carole A. Fiola, Charles A. Murphy and other members of the General Court for legislation to further protect victims from sexually dangerous persons.
Senate Rule 36 was suspended, on motion of Mr. Brown, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on the Judiciary.
Sent to the House for concurrence.

PAPERS PROM THE HOUSE.

A petition (accompanied by bill, House, No. 4928) of Richard J. Ross for legislation to establish a sick leave bank for Deborah A. Jones, an employee of the Department of Mental Retardation,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Service.

Engrossed Bill.

An engrossed Bill establishing a sick leave bank for Donna L. Monfredo, an employee of the Department of Correction (see House, No. 4571) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and was signed by the Acting President (Ms. Spilka) and laid before the Governor for his approbation.

Orders Adopted.

Mr. Galluccio offered the following order, to wit:
Ordered, That notwithstanding the provisions of Joint Rule 10, the Committee on Public Service be granted until Wednesday, December 31, 2008 within which time to make its final report on current Senate number 1581, relative to public service.
Under the rules, referred to the committees on Rules of the two branches, acting concurrently.
Subsequently, Mr. Downing, for the said committees, reported, recommending that the order ought to be adopted.

The rules were suspended, on motion of Mr. Brown, and the order was considered forthwith.
Pending the question on adoption of the order, Mr. Brown moved that the order be amended by striking out the words “Wednesday, December 31, 2008 and inserting in place thereof the following words: “Friday, May 30, 2008”.
The amendment was adopted.
The order, as amended, was then adopted.
Sent to the House for concurrence.

Mr. Galluccio offered the following order, to wit:
Ordered, That notwithstanding the provisions of Joint Rule 10, the Committee on Public Service be granted until Wednesday, December 31, 2008 within which time to make its final report on current Senate number 1654, relative to public service.
Under the rules, referred to the committees on Rules of the two branches, acting concurrently.
Subsequently, Mr. Downing for the said committees, reported, recommending that the order ought to be adopted.
The rules were suspended, on motion of Mr. Brown, and the order was considered forthwith.
Pending the question on adoption of the order, Mr. Brown moved that the order be amended by striking out the words “Wednesday, December 31, 2008 and inserting in place thereof the following words: “Friday, May 30, 2008”.
The amendment was adopted.
The order, as amended, was then adopted.
Sent to the House for concurrence.

Mr. Morrissey offered the following order, to wit:
Ordered, That notwithstanding the provisions of Joint Rule 10, the joint committee on telecommunications, utilities and energy be granted until Friday, May 30, 2008 in which to make its final report on Senate documents numbered 204, 1982, 1990 and 1993 relative to telecommunication licensing, cellular phones, double poles and energy issues in the Commonwealth.
Under the rules, referred to the committees on Rules of the two branches, acting concurrently.
Subsequently, Mr. Downing for the said committees, reported, recommending that the order ought to be adopted.
The rules were suspended, on motion of Mr. Brown, and the order was considered forthwith and adopted.

Mr. Baddour offered the following order, to wit:
Ordered, That notwithstanding the provisions of Joint Rule 10, the committee on Transportation be granted until Thursday, May 1, 2008 within which time to make its final report on current Senate number 2065, relative to safe driving.
Under the rules, referred to the committees on Rules of the two branches, acting concurrently.
Subsequently, Mr. Downing for the said committees, reported recommending that the order ought to be adopted.
The rules were suspended, on motion of Mr. Brown, and the order was considered forthwith and adopted.

Ms. Wilkerson offered the following order, to wit:
Ordered, That notwithstanding the provisions of Joint Rule 10, the Committee on State Administration and Regulatory Oversight be granted until Friday, April 18th within which time to make its final report on current Senate numbers 1854, 1888, 1900, 1872, relative to state administration.
Under the rules, referred to the committee on Rules of the two branches, acting concurrently.
Subsequently, Mr. Downing for the said committees, reported, recommending that the order ought to be adopted.
The rules were suspended, on motion of Mr. Brown, and the order was considered forthwith and adopted.

Report of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill financing the production and preservation of housing for low and moderate income residents (House, No. 4594),— ought to pass, with amendments by striking, in section 2, line items 4000-8300 and 4000-8301 and inserting in place thereof the following 2 line items:—
“4000-8300
For state financial assistance in the form of loans for the development of community-based housing for the mentally ill and mentally retarded; provided, that said loan program shall be administered by the department of housing and community development through contracts with authorities which shall be limited to housing authorities and redevelopment authorities duly organized and existing in accordance with chapter 121E of the General Laws, the Massachusetts Housing Finance Agency, a body politic and corporate entity established by chapter 708 of the acts of 1966, as amended, the Community Economic Development Assistance Corporation, a body politic and corporate entity established by chapter 40H of the General Laws, as amended, and the Massachusetts Development Finance Agency, a body politic and corporate entity established by sec­tion 24 of chapter 289 of the acts of 1998; provided, that said loan issuing authorities may develop or finance said community-based housing, or may enter into subcontracts with non-profit organizations established pursuant to chapter 180 of the General Laws or organizations in which such non-profit corporations have a controlling financial or managerial interest; provided, however, that said department shall take due consideration of a balanced geographic plan for such community-based housing when issuing said loans; provided further, that said department shall take due consideration of development of a balanced range of housing models by prioritizing funds for integrated housing as defined by the appropriate state housing and service agencies including but not limited to; the department of housing and community development, the Massachusetts rehabilitation commission, the department of mental health, and the department of mental retardation in consultation with relevant and interested clients, their families, advocates, and other parties as necessary; provided further, that loans issued pursuant to this item shall be subject to the following provisions: (1) said loans shall be limited to not more than 50 per cent of the financing of the total development costs; (2) said loans shall be issued only when any contract or agreement for the use of said property for the purposes of such housing provides for repayment to the commonwealth at the time of disposition of the property an amount equal to the commonwealth’s proportional contribution from the Facilities Consolidation Fund to the cost of the development through payments made by the state agency making the contract; (3) said loans shall only be issued when any contract or agreement for the use of said property for the purposes of such community-based housing provides for the recording of a restriction in the registry of deeds or the registry district of the land court of the county in which the affected real property is located, for the benefit of the said departments, running with the land, that the land be used for the purpose of providing community-based housing for eligible individuals as determined by the departments of mental health and mental retardation; provided, that the property shall not be released from such restrictions until the balance of the principal and interest for the loan is repaid in full or until a mortgage foreclosure deed is recorded; (4) said loans shall be issued for a term of up to 20 years during which time repayment may be deferred by the loan issuing authority unless at the end of any fiscal year, cash collections from all sources in connection with a community-based housing project, except for contributions, donations, or grant moneys, exceed 105 per cent of cash expenditures on behalf of said project, including debt service, operating expenses, and capital reserves, in which event such excess cash shall be paid to the commonwealth within 45 days of the end of said fiscal year, payable first to interest due hereunder and thereafter to principal advanced pursuant to said loan, provided, that if on the date said loans become due and payable to the commonwealth an outstanding balance exists, and if, on such date, the department of housing and community development, in consultation with the executive office of health and human services, determines that there still exists a need for such housing and that there is continued funding available for the provision of services to such development, said department may, by agreement with the owner of the development, extend the loans for such periods, each period not to extend beyond 10 years, as the department determines; provided, however, that the project shall continue to remain affordable housing for the duration of the loan term, as extended, as set forth in the contract or agreement entered into by the department; and provided further, that, in the event that the terms of repayment detailed in this item would cause a project authorized by this item to become ineligible to receive federal funds which would otherwise assist in the development of that project, that commissioner may waive the terms of repayment which would cause the project to become ineligible; (5) interest rates for said loans shall be fixed at a rate, to be determined by the director of the department of housing and community development in consultation with the treasurer of the commonwealth; (6) expenditures from this item shall not be made for the purpose of refinancing outstanding mortgage loans for community-based housing in existence prior to the effective date of this act; (7) community-based housing projects developed pursuant to this act shall not be refinanced during the term of any loan issued pursuant to this item unless and until the balance of the principal and interest for such loan is repaid in full at the time of such refinancing; provided, that said community-based housing projects may be refinanced if such financing would result in a reduction of costs paid by the commonwealth; provided further, that any such refinanced loan shall be due and payable on a date no later than the date on which the original loan was due and payable, except in accordance with subsection (4) of this item, or is necessary to effect extraordinary repairs or maintenance to be approved by the commissioners of mental retardation, or mental health, as appropriate, and the director of the department of housing and community development; (8) said loans shall be provided only for projects conforming to the provisions of this act; and (9) said loans shall be issued in accordance with a facilities consolidation plan prepared by the secretary of health and human services, reviewed and approved by the director of housing and community development and filed with the secretary for administration and finance and the house and senate committees on ways and means; provided further, that no expenditures shall be made pursuant to this item without the prior approval of the secretary for administration and finance; provided further, that the department of housing and community development, the department of mental health and the Community Economic Development Assistance Corporation may identify appropriate financing mechanisms and guidelines for grants or loans, from this item, to promote private development to produce housing, provide for independent integrated living opportunities, write down building and operating costs, and to serve households at or below 15 per cent of area median income for the benefit of department of mental health clients; provided further, that not more than $10,000,000 may be expended from this item for a program of community-based housing loans to serve mentally ill homeless individuals in the current or former care of said department of mental health; provided that the department may expend not more than $50,000,000 from this line item to establish an integrated housing program for the loan-issuing authorities to enter into subcontracts with for-profit organizations for the development of integrated housing as defined by the appropriate state housing and service agencies, including but not limited to the department, the department of mental health, and the department of mental retardation in consultation with relevant and interested clients, their families, advocates, and other parties as necessary; as accessible, affordable and integrated housing is an integral component of independence for people with disabilities, the integrated housing program shall promote housing units that meet the housing needs of elders and people with disabilities for independent housing integrated into the community; provided further that the loan issuing authorities shall prioritize projects for the integrated housing program that enable individuals with disabilities to interact with non-disabled persons to the fullest extent possible; provided further, that in implementing the programs, said department shall take due consideration of a balanced geographic plan when establishing community-based residences; provided further, that housing services made available pursuant to such loans shall not be construed as a right or an entitlement for any individual or class of persons to the benefits of any such integrated housing program; provided further, that eligibility for the integrated housing programs shall be established by regulations promulgated by the said department; provided further, that the department of housing and community development is hereby authorized and directed to promulgate regulations pursuant to section 2 of chapter 30A of the General Laws for the implementation of this item after consultation with said secretary and the commissioner of the division of capital asset management and maintenance. All projects funded by integrated housing programs, whether developed, managed or funded by or through a government entity, quasi-governmental entity, non-profit organization, or a private developer shall be subject to all state public procurement and bidding laws; additionally, all documents relating to such projects shall be deemed public records.
Notwithstanding any general or special law to the contrary, within 120 days after the expiration of affordability restrictions on housing assisted under this item, the department of housing and community development or its assignee, who is a qualified developer selected pursuant to the terms of this item under the guidelines of the department, shall have an option to purchase any such housing at its current appraised value reduced by any remaining obligation of the owner upon the expiration of the affordability restrictions. The department or its assignee may purchase or acquire such housing only for the purposes of preserving or providing affordable housing. The department or its assignee shall hold such purchase option for the first 120 days after the expiration of the affordability restrictions. Failure to exercise the purchase option within 120 days after the expiration of the affordability restriction shall constitute a waiver of the purchase option by the department or its assignee. Two impartial appraisers shall determine, within 60 days after the expiration of these affordability restrictions, the current appraised value in accordance with recognized professional standards. Two professionals in the field of multi-unit residential housing shall select each such appraiser. The owner and the department, respectively, shall designate such professionals within 30 days after the expiration of these affordability restrictions. If there is a difference in the valuations provided by the appraisals, the 2 valuations shall be added together and divided by 2 to determine the current appraised value of the property. No sale, transfer or other disposition of such land shall be consummated unless and until either this purchase option period shall have expired or the owner shall have been notified in writing by the department or assignee in question that the option will not be exercised. This option may be exercised only by written notice signed by a designated representative of the department or its assignee, mailed to the owner by certified mail at such address as may be specified in his notice of intention and recorded with the registry of deeds or the registry district of the land court of the county in which the affected real property is located, within the option period. If the purchase option has been assigned to a qualified developer selected pursuant to this item under guidelines issued by the department, the written notice shall state the name and address of the developer and the terms and conditions of the assignment. Before any sale or transfer or other disposition of any such housing where the department has not previously exercised an option to purchase, an owner shall offer the department or its assignee, who shall be a qualified developer selected pursuant to this section under the guidelines of the department, a first refusal option to meet a bona fide offer to purchase the property. The owner shall provide to the department or its assignee written notice by regular and certified mail, return receipt requested, of the owner’s intention to sell, transfer or otherwise dispose of the property. The department or its assignee shall hold such first refusal option for the first 120 days after receipt of the owner’s notice of intent to transfer the property. Failure to respond to the written notice of the owner’s intent to sell, transfer or otherwise dispose of the property within 120 days after the receipt thereof shall constitute a waiver of the right of first refusal by the department. No sale, transfer or other disposition of such land shall be consummated unless and until either this first refusal option period shall have expired or the owner shall have been notified in writing by the department or assignee in question that the option will not be exercised. This option may be exercised only by written notice signed by a designated representative of the department or its assignee, mailed to the owner by certified mail at such address as may be specified in his notice of intention and recorded with the registry of deeds or the registry district of the land court of the county in which the affected real property is located, within the option period. If the first refusal option has been assigned to a qualified developer selected pursuant to this item under guidelines issued by the department, the written notice shall state the name and address of the developer and the terms and conditions of the assignment. An affidavit before a notary public that he has so mailed this notice of intent on behalf of an owner shall conclusively establish the manner and time of the giving of such notice and such an affidavit, and such a notice that the option will not be exercised, shall be recorded with the registry of deeds or the registry district of the land court of the county in which the affected real property is located. Each notice of intention, notice of exercise of the purchase option or first refusal option and notice that the purchase option or first refusal option will not be exercised shall contain the name of the record owner of the land and description of the premises to be sold or converted adequate for identification thereof and each such affidavit before a notary public shall have attached to it a copy of the notice of intention to which it relates. Such notices of intention shall be duly mailed to the parties above specified if addressed to them in care of the keeper of records for the party in question. Upon notifying the owner in writing of its intention to pursue its purchase option or first refusal option during this 120-day period, the department or its assignee shall have an additional 120 days, beginning on the date of the termination of the purchase option period or first refusal option period, to purchase the property. Such time periods may be extended by mutual agreement between the department or its assignee and the owner of the property. Any such extension agreed upon shall be recorded in the registry of deeds or the registry district of the land court of the county in which the affected real property is located. Within a reasonable time after request, the owner shall make available to the department or its assignee any information that is reasonably necessary for the department to exercise its rights 75,000,000.
4000-8301
For state financial assistance in the form of loans for the development and redevelopment of community-based housing for persons with disabilities who are institutionalized or at risk of being institutionalized, who are not eligible for housing developed pursuant to item 4000-8200 of this act; provided, that said loan program shall be administered by the department of housing and community development through contacts with authorities which shall be limited to housing authorities and redevelopment authorities duly organized and existing in accordance with chapter 121B of the General Laws, the Massachusetts Housing Finance Agency, a body politic and corporate entity established by chapter 708 of the acts of 1966, as amended, the Community Economic Development Assistance Corporation, a body politic and corporate entity established by chapter 40H of the General Laws, as amended, and the Massachusetts Development Finance Agency, a body politic and corporate entity established by section 24 of chapter 289 of the acts of 1998; as accessible, affordable and integrated housing is an integral component of independence for people with disabilities, the department shall promote integrated housing units that meet the housing needs of elders and people with disabilities who are institutionalized or at risk of institutionalization, for independent housing integrated into the community; provided further that the loan issuing authorities shall prioritize projects that enable individuals with disabilities to interact with non-disabled persons to the fullest extent possible; provided, that said loan issuing authorities may develop or finance said community-based housing, or may enter into subcontracts with non-profit organizations established pursuant to chapter 180 of the General Laws or organizations in which such non-profit corporations have a controlling financial or managerial interest; provided that said department shall take due consideration of a balanced geographic plan for such community-based housing when issuing said loans; provided further, that all housing developed with these funds shall be integrated housing as defined by the appropriate state housing and service agencies including, but not limited to, the department of housing and community development, the department of mental health, and the department of mental retardation in consultation with relevant and interested clients, their families, advocates, and other parties as necessary; provided further, that loans issued pursuant to this item shall be subject to the following provisions: (1) said loans shall be limited to not more than 50 per cent of the financing of the total development costs; (2) said loans shall be issued only when any contract or agreement for the use of said property for the purposes of such housing provides for repayment to the commonwealth at the time of disposition of the property an amount equal to the commonwealth’s proportional contribution from this item to the cost of the development through payments made by the state agency making the contract; (3) said loans shall only be issued when any contract or agreement for the use of said property for the purposes of such community-based housing provides for the recording of a restriction in the registry of deeds or the registry district of the land court of the county in which the affected real property is located, for the benefit of the said departments, running with the land, that the land be used for the purpose of providing community-based housing for eligible individuals as determined by the Massa­chusetts rehabilitation commission or other agency of the executive office of health and human services; provided further, that the property shall not be released from such restrictions until the balance of the principal and interest for the loan is repaid in full or until a mortgage foreclosure deed is recorded; (4) said loans shall be issued for a term of up to 20 years during which time repayment may be deferred by the loan issuing authority unless at the end of any fiscal year, cash collections from all sources in connection with a community-based housing project, except for contributions, donations, or grant moneys, exceed 105 per cent of cash expenditures on behalf of said project, including debt service, operating expenses, and capital reserves, in which event such excess cash shall be paid to the commonwealth within 45 days of the end of said fiscal year, payable first to interest due hereunder and thereafter to principal advanced pursuant to said loan; provided further, that if on the date said loans become due and payable to the commonwealth an outstanding balance exists, and if, on such date, the department of housing and community development, in consultation with the executive office of health and human services, determines that there still exists a need for such housing, said department may, by agreement with the owner of the development, extend the loans for such periods, each period not to extend beyond 10 years, as the department determines; provided, however, that the project shall continue to remain affordable housing for the duration of the loan term, as extended, as set forth in the contract or agreement entered into by the department; and provided further, that, in the event that the terms of repayment detailed in this item would cause a project authorized by this item to become ineligible to receive federal funds which would otherwise assist in the development of that project, that commissioner may waive the terms of repayment which would cause the project to become ineligible; (5) interest rates for said loans shall be fixed at a rate, to be determined by the director of the department of housing and community development in consultation with the treasurer of the commonwealth; (6) expenditures from this item shall not be made for the purpose of refinancing outstanding mortgage loans for community-based housing in existence prior to the effective date of this act; (7) community-based housing projects developed pursuant to this act shall not be refinanced during the term of any loan issued pursuant to this item unless and until the balance of the principal and interest for such loan is repaid in full at the time of such refinancing; provided further, that said community-based housing projects may be refinanced if such financing would result in a reduction of costs paid by the commonwealth; provided further, that any such refinanced loan shall be due and payable on a date no later than the date on which the original loan was due and payable, except in accordance with subsection (4) of this item, or is necessary to effect extraordinary repairs or maintenance to be approved by the commissioners of the Massachusetts rehabilitation commission or other agency of the executive office of health and human services, as appropriate, and the director of the department of housing and community development; (8) said loans shall be provided only for projects conforming to the provisions of this act; and (9) said loans shall be issued in accordance with an enhancing community-based services plan prepared by the secretary of health and human services, in consultation with the director of housing and community development and filed with the secretary for administration and finance and the house and senate committees on ways and means; provided, that no expenditures shall be made pursuant to this item without the prior approval of the secretary for administration and finance; provided that the department may expend not more than $50,000,000 from this line item to establish a program for the loan-issuing authorities to enter into subcontracts with for-profit organizations for the development of integrated housing as defined by the appropriate state housing and service agencies, in consultation with relevant and interested clients, their families, advocates, and other parties as necessary; provided further, that in implementing this program, said department shall take due consideration of a balanced geographic plan when establishing community-based residences; provided further, that any housing services made available pursuant to such loans shall not be construed as a right or an entitlement for any individual or class of persons to the benefits of any program; provided further, that eligibility for the programs shall be established by regulations promulgated by the said department in consultation with the secretary of administration and finance; provided further, that the department of housing and community development is hereby authorized and directed to promulgate regulations pursuant to section 2 of chapter 30A of the General Laws for the implementation of this item after consultation with said secretary and the commissioner of the division of capital asset management and maintenance. All projects funded by integrated housing programs, whether developed, managed or funded by or through a government entity, quasi-governmental entity, non-profit organization, or a private developer, shall be subject to all state public procurement and bidding laws; additionally, all documents relating to such projects shall be deemed public records.
Notwithstanding any general or special law to the contrary, within 120 days after the expiration of affordability restrictions on housing assisted under this item, the department or its assignee, who is a qualified developer selected pursuant to the terms of this item under the guidelines of the department of housing and community development, shall have an option to purchase any such property at its current appraised value reduced by any remaining obligation of the owner upon the expiration of the affordability restrictions. The department or its assignee may purchase or acquire such housing only for the purposes of preserving or providing affordable housing. The department of housing and community development or its assignee shall hold such purchase option for the first 120 days after the expiration of the affordability restrictions. Failure to exercise the purchase option within 120 days after the expiration of the affordability restriction shall constitute a waiver of the purchase option by the department or its assignee. Two impartial appraisers shall determine, within 60 days after the expiration of these affordability restrictions, the current appraised value in accordance with recognized professional standards. Two professionals in the field of multi-unit residential housing shall select each such appraiser. The owner and the department, respectively, shall designate such professionals within 30 days after the expiration of these affordability restrictions. If there is a difference in the valuations provided by the appraisals, the 2 valuations shall be added together and divided by 2 to determine the current appraised value of the property. No sale, transfer or other disposition of such land shall be consummated unless and until either this purchase option period shall have expired or the owner shall have been notified in writing by the department or assignee in question that the option will not be exercised. This option may be exercised only by written notice signed by a designated representative of the department or its assignee, mailed to the owner by certified mail at such address as may be specified in his notice of intention and recorded with the registry of deeds or the registry district of the land court of the county in which the affected real property is located, within the option period. If the purchase option has been assigned to a qualified developer selected pursuant to this item under guidelines issued by the department, the written notice shall state the name and address of the developer and the terms and conditions of the assignment. Before any sale or transfer or other disposition of any such housing where the department has not previously exercised an option to purchase, an owner shall offer the department or its assignee, who shall be a qualified developer selected pursuant to this item under the guidelines of the department, a first refusal option to meet a bona fide offer to purchase the property. The owner shall provide to the department or its assignee written notice by regular and certified mail, return receipt requested, of the owner’s intention to sell, transfer or otherwise dispose of the property. The department or its assignee shall hold such first refusal option for the first 120 days after receipt of the owner’s notice of intent to transfer the property. Failure to respond to the written notice of the owner’s intent to sell, transfer or otherwise dispose of the property within 120 days after the receipt thereof shall constitute a waiver of the right of first refusal by the department. No sale, transfer or other disposition of such land shall be consummated unless and until either this first refusal option period shall have expired or the owner shall have been notified in writing by the department or assignee in question that the option will not be exercised. This option may be exercised only by written notice signed by a designated representative of the department or its assignee, mailed to the owner by certified mail at such address as may be specified in his notice of intention and recorded with the registry of deeds or the registry district of the land court of the county in which the affected real property is located, within the option period. If the first refusal option has been assigned to a qualified developer selected pursuant to this section under guidelines issued by the department, the written notice shall state the name and address of the developer and the terms and conditions of the assignment. An affidavit before a notary public that he has so mailed this notice of intent on behalf of an owner shall conclusively establish the manner and time of’ the giving of such notice and such an affidavit, and such a notice that the option will not be exercised, shall be recorded with the registry of deeds or the registry district of the land court of the county in which the affected real property is located. Each notice of intention, notice of exercise of the purchase option or first refusal option and notice that the purchase option or first refusal option will not be exercised shall contain the name of the record owner of the land and description of the premises to be sold or converted adequate for identification thereof and each such affidavit before a notary public shall have attached to it a copy of the notice of intention to which it relates. Such notices of intention shall be duly mailed to the parties above specified if addressed to them in care of the keeper of records for the party in question. Upon notifying the owner in writing of its intention to pursue its purchase option or first refusal option during this 120-day period, the department or its assignee shall have an additional 120 days, beginning on the date of the termination of the purchase option period or first refusal option period, to purchase the property. Such time periods may be extended by mutual agreement between the department or its assignee and the owner of the property. Any such extension agreed upon shall be recorded in the registry of deeds or the registry district of the land court of the county in which the affected real property is located. Within a reasonable time after request, the owner shall make available to the department or its assignee any information that is reasonably necessary for
the department to exercise its rights 75,000,000”;
By striking out sections 3, 4 and 5A.
In section 6 by striking out the figure “1,275,000,000” and inserting in place thereof the following figure:— “1,355,000,000”; and
By inserting the following 4 new sections:—
“SECTION ___. Section 53A of chapter 29 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the first sentence thereof the following two sentences:— In addition to, and without compliance with, the foregoing, the state treasurer is hereby authorized, upon request of the governor, to issue and sell refunding bonds of the commonwealth in an amount to be specified by the governor from time to time for the purpose of substituting fixed-rate bonds for variable-rate bonds or one form of variable-rate bonds for another. The proceeds of any refunding bonds authorized by this section may also be used to purchase bonds in lieu of paying such bonds at maturity or redemption, through a tender offer or otherwise, whereupon the state treasurer may declare the purchased bonds to be paid in full.
SECTION ___. The second sentence of paragraph (a) of section 11 of chapter 27 of the acts of 2007 is hereby amended by inserting at the end thereof the following:— or unless he determines, in his sole discretion, that doing so is advisable to substitute fixed-rate bonds for variable-rate bonds or one form of variable-rate bonds for another.
SECTION ___. The second sentence of paragraph (c) of said section 11 of chapter 27 of the acts of 2007 is hereby amended by inserting at the end thereof the following:— , if any.
SECTION ___. Notwithstanding any general or special law to the contrary, the secretary of housing and economic development and the secretary of administration and finance shall jointly submit a report on the progress of any projects and all expenditures related to the funds within this bill, or any outstanding authorizations from prior authorization bills for housing projects, and undertaken by the executive office of housing and economic development or any of its constituent agencies to the house and senate committees on ways and means, the joint committee on bonding, capital expenditures and state assets and the joint committee on housing. This report shall include, but not be limited to: a description of the location and scope of work of each project funded from this bill, the total amount allocated for each project broken down by fiscal year in which the allocation occurred, the total estimated cost of each project, the amount expended for the planning and design of each project up to the time the report is filed, the amount expended on construction of each project up to the time the report is filed, the total amount currently expended on each project, the estimated lifetime maintenance schedule and cost of each project, the original estimated completion date of each project, the current anticipated completion date of each project and, if the project has been de-authorized, the reason for and date of de-authorization. Said report shall be submitted bi-annually for a period of six years from the date this legislation is enacted.”
There being no objection, the rules were suspended, on motion of Mr. Brown, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill, as amended, was then ordered to a third reading.

Order Adopted.

On motion of Mr. Brown,—

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at one o’clock P.M., in full formal session.

On motion of the same Senator, at twenty-eight minutes before twelve o’clock noon, the Senate adjourned to meet again tomorrow at one o’clock P.M.