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.

Tuesday, June 29, 2010.

Met at five minutes past one o’clock P.M.

The President, members, guests and employees then recited the pledge of allegiance to the flag.

Distinguished Guest.

There being no objection, during consideration of the Orders of the Day, the President handed the gavel to Ms. Creem for the purpose of an introduction. Ms. Creem then introduced, in the rear of the Chamber, Marika Gerhart, a senior at Brookline High School. Marika is the recipient of the Girl Scout Gold Award, the highest honor in girl scouting. Her Gold Award Project, H2O Restoration and Awareness, revolved around the elimination of disposable plastic water bottles and she led multiple environmental educational activities within her community. The Senate applauded her accomplishments and she withdrew from the Chamber.

PAPERS FROM THE HOUSE

A Bill relative to interior designers bidding on state contracts (House, No. 2999,-- amended,-- on petition),-- was read and, under Senate Rule 27, referred to the committee on Ways and Means.

Engrossed Bills.

An engrossed Bill establishing a regional public safety communications and dispatch center for the towns of Cohasset, Hingham, Hull and Norwell (see House, No. 4610) (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 signed by the President and laid before the Governor for his approbation.

An engrossed Bill relative to regional school district budgets (see House, No. 4775, amended) (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 re-enacted and signed by the President and again laid before the Governor for his approbation.

Orders of the Day.

The Orders of the Day were considered, as follows:

Bills
Authorizing James M. McGarry to continue to serve as police chief in the town of Sheffield (House, No. 4487);
Relative to William J. Higgins, an employee of the town of Nantucket (House, No. 1125);
Relative to property tax exemptions in the town of Ashland (House, No. 1904, changed);
Authorizing the treasurer of the town of Dennis to borrow in anticipation of reimbursement from betterments assessed (House, No. 4244); and
Authorizing the town of Sherborn to use certain town forest land (House, No. 4585);
Were severally read a second time and ordered to a third reading.

The House Bill validating the election of a charter commission in the city of Everett (House, No. 4739),-- was read a second time and ordered to a third reading. The rules were suspended, on motion of Mr. DiDomenico, and the bill was read a third time and passed to be engrossed, in concurrence.

The Senate Bill to protect motor vehicle owners’ and independent repairers’ right to repair (Senate, No. 2268),-- was read a third time.
Pending the question on passing the bill to be engrossed, Mr. Hart presented an amendment substituting a new draft with the same title (Senate, No. 2517).
After remarks, at the request of Messrs. Tisei and Tarr, the matter was laid over until the next session, under the provisions of Senate Rule 31.

The engrossed Bill relative to debt restructuring (see House, No. 4617, amended),-- was considered, the main question being on passing the bill to be enacted.
The pending motion, previously moved by Mr. Montigny, to lay the matter on the table was considered; and it was negatived.
After remarks, and pending the main question on passing the bill to be enacted, Mr. Montigny moved that the matter be laid on the table; and, under the provisions of Senate Rule 24, the further consideration thereof was laid over until the next session.

The House Bill establishing expanded gaming in the Commonwealth (House, No. 4619),-- was considered, the main question being on ordering it to a third reading.
The pending motion, previously moved by Mr. Tisei, to lay the matter on the table was considered; and it was negatived.

The pending amendment to the proposed Ways and Means new text, previously moved by Messrs. Tisei, Tarr, Knapik, Hedlund and Ross, by adding in section 16 at the end thereof the following: -

“SECTION X. Section 2dddd. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Property Taxpayers Relief Fund. The fund shall be credited with revenues transferred to it from the Gaming Revenue Fund, established in section 64 of chapter 23K; all such revenues collected in the gaming revenue fund in a calendar year shall transfer this fund automatically on December 31 of each year. On April 15 of each subsequent year the commonwealth shall distribute to all property owners of record on of the commonwealth funds in total of the balance of the amount in the property taxpayer’s relief fund from the previous year ending on December 31. Each property holder shall receive an amount equal to the total balance of the fund divided by the number of property holders. Such distribution shall be made in a form approved by the department of revenue.”; Ms. Fargo having moved that the pending amendment be further amended by striking out all text after the title of the and inserting in place thereof, at the end of section 16, the following text:-

“Section 2DDDD There shall be established and set up on the books of the commonwealth a separate fund to be known as the Property Taxpayers Relief Fund. The fund shall be credited with revenues transferred to it from the Gaming Revenue Fund established under section 64 of section 13 of chapter 23K. Monies in such fund shall be made available as grants to municipalities for local senior citizen property tax relief programs. The secretary of elder affairs shall distribute such grant funds on a non-competitive formula basis only to municipalities with local senior citizen property tax programs based on a fiscal year cycle. The secretary of elder affairs in conjunction with the department of revenue shall establish policies and procedures relating to such grant funding to include the grant formula; award and distribution of grant funding; and application and certification by a municipality seeking funding for such local senior programs. For each fiscal year, all grants shall be distributed to qualifying municipalities by April 15th prior to the beginning of the fiscal year for which such grant was awarded.”;

In section 16, by striking out, in line 2359, after the words, “the following”, the number “2” and inserting in place thereof, the number “3”; and
In subsection (b) of section 64 of section 13, by inserting after the words, “The board shall transfer”, in line 2304, the words, “1 percent of the collected revenues to the Property Taxpayers Relief Fund created in section 16, and then, from such remaining amount shall transfer”,-- was considered.
After debate, the question on adoption of the further amendment (Fargo) was determined by a call of the yeas and nays, at a half past one o’clock P.M., on motion of Ms. Fargo, as follows, to wit (yeas 33 – nays 5) [Yeas and Nays No. 319]:

INSERT ROLL CALL “319”

The yeas and nays having been completed at twenty-seven minutes before two o’clock P.M., the further amendment (Fargo) was adopted.
The pending amendment (Tisei, et al), as amended (Fargo), was then considered.

Recess.

During consideration of the amendment, at the request of Mr. Tisei, at thirteen minutes before two o’clock P.M., for the purposes of a Republican Caucus, the President declared a recess; and at twenty-nine minutes past two o’clock P.M., the Senate reassembled, the President in the Chair.

The pending amendment (Tisei, et al), as amended (Fargo), was again considered.
After remarks, the question on adoption of the pending amendment, as amended, was determined by a call of the yeas and nays, at a half past two o’clock P.M., on motion of Mr. Tarr, as follows, to wit (yeas 38 – nays 0) [Yeas and Nays No. 320]:

INSERT ROLL CALL “320”

The yeas and nays having been completed at twenty-six minutes before three o’clock P.M., the pending amendment (Tisei, et al), as amended (Fargo), was adopted.

Mr. Brewer moved to amend the proposed new text in line 719 by inserting after the word “technical” the following words: “and financial”; and in line 904, by striking out the figure “$350,000” and inserting in place thereof the following words:- “$400,000, $50,000 of which shall be utilized to reimburse the host and surrounding municipalities for the cost of determining the impact of a proposed gaming establishment and for negotiating community mitigation impact agreements”.
The amendment was adopted.

Messrs. Tisei, Tarr, Knapik, Hedlund, Ross and Baddour moved that the proposed new text be amended by inserting at the end thereof the following section:-
“SECTION X. Section 6 of chapter 64H of the General Laws, as amended by section 55 of chapter 27 of the acts of 2009, is hereby amended in lines 71 and 72 by striking the words “and 64F” and inserting in place thereof the following words: - “ 64F and one hundred and thirty-eight.”

Pending the question on adoption of the amendment, Ms. Flanagan and Mr. Tolman moved to further amend the pending amendment by striking out the text and inserting in place thereof the following text:- by inserting after section 72 the following section:-

“SECTION 72A. The department of revenue, in consultation with the alcoholic beverages control commission, shall conduct a study of trends in sales of alcohol for off-premises consumption in cities or towns located entirely or partially within 10 miles of the border of Massachusetts with a neighboring state. The study shall evaluate the period between August of 2009 and June 2010, as available data permit. The study shall compare monthly sales during that period to monthly sales in comparable periods in prior years.

The department shall submit a written report of its findings to the chairs of the joint committee on consumer protection and professional licensure, the chairs of the joint committee on revenue and to the chairs of the house and senate committees on ways and means, not later than 90 days after the effective date of this section.”

Recess.

During consideration of the amendment, at the request of Mr. Tisei, at twelve minutes before four o’clock P.M., for the purposes of a Republican Caucus, the President declared a recess; and at twenty-seven minutes past four o’clock P.M., the Senate reassembled, the President in the Chair.

The pending further amendment, previously moved by Ms. Flanagan and Mr. Tolman was then considered.
After debate, the question on adoption of the further amendment was determined by a call of the yeas and nays, at a half past four o’clock P.M., on motion of Ms. Flanagan, as follows, to wit (yeas 29 – nays 8) [Yeas and Nays No. 321]:

INSERT ROLL CALL “321”

The yeas and nays having been completed at twenty-two minutes before five o’clock P.M., the further amendment was adopted.
The pending amendment (Tisei, et al), as amended (Flanagan-Tolman), was then considered and it was adopted.

Ms. Flanagan, Ms. Spilka and Messrs. Tolman, Brewer, Rosenberg, Morrissey, DiDomenico, and Petruccelli moved to amend the proposed new text in Section 13 in proposed chapter 23K by striking out subsection 65 and inserting in place thereof the following subsection:-

“Section 65. (a) There is hereby established and set up on the books of the board a fund to be known as the Gaming Mitigation Trust Fund. The Gaming Mitigation Trust Fund shall consist of monies transferred from the Gaming Revenue Fund and all other monies credited or transferred to the fund from any other fund or source and proceeds from the investment of such funds. The board shall be the trustee of the fund.

(b) The board shall administer the Gaming Mitigation Trust Fund and shall expend monies in the fund to address the impacts of expanded gaming in the commonwealth as follows:

(1) Thirty-five per cent of fund revenues in a fiscal year shall be expended for community mitigation including, but not limited to, the areas of local and regional education, transportation, infrastructure, housing, environmental issues and public safety in impacted communities, that may include host and surrounding communities;
(2) Thirty-five per cent of fund revenues in a fiscal year shall be expended for social mitigation including, but not limited to, problem gambling prevention, intervention and treatment services, substance abuse services, and gaming related research;
(3) Twenty per cent of fund revenues in a fiscal year shall be expended for cultural mitigation including, but not limited to, assistance to not-for-profit or municipally-owned performing arts centers; and
(4) Ten per cent of fund revenues in a fiscal year shall be expended for racetrack mitigation including, but not limited to, developing programs to improve the purses offered at live racing venues, the horse breeding industry, programs to promote the live horse racing industry and other existing programs that provide health, medical, food, substance abuse treatment and other social services for horse racing industry employees.”

Pending the question on adoption of the amendment, Mr. Hedlund moved to further amend the pending amendment by adding at the end thereof the following new section:

“SECTION XX. The department of revenue, in consultation with the alcoholic beverages control commission, shall conduct a statewide study of trends in sales of alcohol for off-premises consumption. The study shall evaluate the period between August 1, 2009 and December 31, 2010, as available data permit. The study shall compare monthly sales during that period to monthly sales in comparable periods in prior years, and shall examine regional differences in trends. Said study shall analyze alcohol sales by calculating the total number of cases of alcohol sold in the State from August 1, 2009, to December 31, 2010. Said study shall then compare the total number of cases sold during this period to the same time period in the previous three years. Should the findings from said study show that sales of alcohol for off-premises consumption during the period from August 1, 2009 to December 31, 2010 were lower in case volume than the same time period during any of the previous three years, then Section 55 of Chapter 27 of the acts of 2009 shall be immediately repealed on the date that said study is submitted to the legislature, but not later than June 30, 2011.

The department shall submit a written report of its findings to the chairs of the joint committee on consumer protection and professional licensure, the chairs of the joint committee on revenue and to the chairs of the house and senate committees on ways and means, not later than June 30, 2011.”

Mr. Downing rose to a point of order, which, being stated, was that the further amendment was unconstitutional since one legislature cannot bind another legislature.
The President ruled that the point of order was well taken and the further amendment was laid aside.
The pending amendment (Flanagan, et al) was then considered.

After debate, the question on adoption of the amendment was determined by a call of the yeas and nays, at six minutes before five o’clock P.M., on motion of Ms. Flanagan, as follows, to wit (yeas 37 – nays 0) [Yeas and Nays No. 322]:

INSERT ROLL CALL “322”

The yeas and nays having been completed at three minutes before five o’clock P.M., the amendment was adopted.

Mr. Hart moved to amend the proposed new text in Section 17(a), by inserting at the end of line 1177, “Notwithstanding the above, a gaming license shall not issue to operate, build or construct a resort style casino or any type of gaming facility in the South Boston Waterfront /Seaport District, City of Boston, Suffolk County, Massachusetts.”

The President ruled that this amendment was unconstitutional since there was no local approval from the city of Boston attached with the amendment; and the amendment was laid aside.

Ms. Menard moved that the proposed new text be amended by adding the following two sections:-

“SECTION X. Section 2 of Chapter 266 of the Acts of 2002 is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The Fall River Redevelopment Authority may develop said land for commercial, industrial and other economic development purposes, but expressly excluding any use of said land for landfill related purposes, without the necessity of adopting or adhering to an urban renewal plan, as defined in section 1 of chapter 121B of the General Laws, and with respect to said land the Fall River Redevelopment Authority shall enjoy the statutory authority it would possess for land and structures and other property within an urban renewal project as defined by section 1 of said chapter 121B. The lack of available industrial land in Fall River and Freetown is detrimental to the economic welfare of the citizens of the commonwealth and, in particular, the city of Fall River and the town of Freetown.
SECTION XX. Said Chapter 266 is hereby further amended by striking out Section 7 and inserting in place thereof the following section:-

Section 7. The Commonwealth of Massachusetts, acting by and through the Commissioner of Division of Capital Asset Management and Maintenance (‘DCAM’) on behalf of and in consultation with Department of Conservation and Recreation (‘DCR’), successor to Department of Environmental Management, shall execute and deliver in recordable form to the Fall River Redevelopment Authority an amendment to the Release Deed dated January 22, 2009 and recorded in Book 07124 Page 95 which shall incorporate the changes made to Section 2 of Chapter 266 of the Acts of 2002 as a result of this act.
DCAM is hereby authorized and directed to execute and deliver a release or termination of any other documentation which in any way reflects the restriction described above to said Section 2 of said Chapter 266 prior to the enactment of this law. Such restrictions shall be fully released from the subject property. DCAM is also authorized and directed to execute any other documentation reasonably requested by the Fall River Redevelopment Authority or any successor or assignee to more fully carry out the provisions of this Act.”

Pending the question on adoption of the amendment, Mr. Panagiotakos moved to further amend the pending amendment by striking the text in its entirety and inserting in place thereof the following text:-

by adding the following two sections:-

“SECTION X. Section 2 of Chapter 266 of the Acts of 2002 is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The Fall River Redevelopment Authority may develop said land for commercial, industrial and other economic development purposes, but expressly excluding any use of said land for landfill related purposes, without the necessity of adopting or adhering to an urban renewal plan, as defined in section 1 of chapter 121B of the General Laws, and with respect to said land the Fall River Redevelopment Authority shall enjoy the statutory authority it would possess for land and structures and other property within an urban renewal project as defined by section 1 of said chapter 121B. The lack of available industrial land in Fall River and Freetown is detrimental to the economic welfare of the citizens of the commonwealth and, in particular, the city of Fall River and the town of Freetown.
SECTION XX. Said Chapter 266 is hereby further amended by striking out Section 7 and inserting in place thereof the following section:-

Section 7. The Commonwealth of Massachusetts, acting through the Commissioner of Division of Capital Asset Management and Maintenance (‘DCAM’) on behalf of and in consultation with Department of Conservation and Recreation (‘DCR’), successor to Department of Environmental Management, shall execute and deliver in recordable form to the Fall River Redevelopment Authority an amendment to the Release Deed dated January 22, 2009 and recorded in Book 07124 Page 95 which shall incorporate the changes made to Section 2 of Chapter 266 of the Acts of 2002 as a result of this act.

DCAM is hereby authorized and directed to execute and deliver a release or termination of any other documentation which in any way reflects the restriction described above to said Section 2 of said Chapter 266 prior to the enactment of this law. Such restrictions shall be fully released from the subject property. DCAM is also authorized and directed to execute any other documentation reasonably requested by the Fall River Redevelopment Authority or any successor or assignee to more fully carry out the provisions of this Act.”
After debate, and pending the question on adoption of the further amendment, Mr. Eldridge moved that the matter be laid on the table; and, under the provisions of Senate Rule 24, the further consideration thereof was laid over until the next session.

Order Adopted.

On motion of Mr. Eldridge,

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

On further motion of the same Senator, at five minutes past five o’clock P.M., the Senate adjourned to meet again tomorrow at one o’clock P.M.