Volume 37-Report No. 30  •  July 26 – July 31, 2010
Copyright © 2010 Beacon Hill Roll Call. All Rights Reserved. By Bob Katzen
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THE HOUSE AND SENATE. Beacon Hill Roll Call records the votes of local representatives and senators on six roll calls from the week of July 26-31.

Our Legislators in the House and Senate for Somerville:

Rep. Denise Provost
DISTRICT REPRESENTED: Twenty-seventh Middlesex. – Consisting of precinct 3 of ward 2, all precincts of ward 3, precinct 3 of ward 4, and all precincts of wards 5 and 6, of the city of Somerville, in the county of Middlesex.

Rep. Carl Sciortino
DISTRICT REPRESENTED: Thirty-fourth Middlesex. – Consisting of all precincts in wards 4 and 5, precinct 1 of ward 7, and precinct 2 of ward 8, of the city of Medford, precincts 1 and 2 of ward 4, and all precincts of ward 7, of the city of Somerville, both in the county of Middlesex.

Rep. Timothy Toomey
DISTRICT REPRESENTED: Twenty-sixth Middlesex. – Consisting of all precincts of ward 1, precinct 1 of ward 2, precincts 1 and 2 of ward 3, and precinct 1 of ward 6, of the city of Cambridge, and all precincts of ward 1 and precincts 1 and 2 of ward 2, of the city of Somerville, both in the county of Middlesex.

Sen. Sal DiDomenico
DISTRICT REPRESENTED: MIDDLESEX, SUFFOLK AND ESSEX. – Cambridge, ward 3, precinct 2, wards 6 and 7, ward 8, precincts 1 and 2, ward 9, precinct 1, ward 10, precinct 2, Everett and Somerville, ward 1, precinct 1, ward 2, precinct 1, in the county of Middlesex; Boston, ward 2, ward 21, precincts 4, 6 and 7, ward 22, precincts 1, 2 and 5, Chelsea and Revere, ward 6, in the county of Suffolk; and Saugus, precincts 2, 6 and 10, in the county of Essex.

Sen. Patricia Jehlen
DISTRICT REPRESENTED: SECOND MIDDLESEX. – Medford, Somerville, ward 1, precincts 2 and 3, ward 2, precincts 2 and 3, and wards 3 to 7, inclusive, Woburn, ward 2, and Winchester.

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CASINOS AND SLOT MACHINES (H 5000)
House 115-36, Senate 25-15, approved and sent to Gov. Deval Patrick the conference committee version of a complicated and lengthy 83-page bill that would authorize three resort casinos and two slot parlors in the state. The three casinos would be in three areas of the state: Eastern, Southeastern and Western Massachusetts. The slot parlors would be at two of the state’s racetracks following a limited bidding process under which only the tracks are allowed to bid.
Supporters said that this would create up to 15,000 new jobs, $300 million in one-time licensing fees and up to $500 million in annual tax revenue. They noted that gambling is voluntary, the state already sanctions it via the Lottery and bingo games and argued that Massachusetts is losing billions of dollars from its citizens, who now go to neighboring states to gamble. They noted that this version of the bill is a hybrid of the House and Senate versions and that there are no surprises.
Opponents said casinos attract mostly low-income people who cannot afford it, and lead to crime, gambling addictions and even domestic violence. They questioned the projections of revenue and noted that some of the revenue from casinos would come at the expense of current Lottery revenues. They said members have not had time to read this new version of the bill and argued that it is being rushed through the Senate. Some noted that casinos across the country are downsizing, firing employees and suffering decreased revenue.
Some legislators said it is outrageous and unfair that the two slot machine licenses be given directly to two of the state’s four private racetracks while no other business or company would be allowed to bid.
Others disagreed and argued that the racetracks are in danger of closing without the guarantee of slot machines. They noted that these tracks are special and have provided thousands of jobs over the years.  (A “Yes” vote is for casinos and slots. A “No” vote is against casinos and slots.)

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Rep. Denise Provost        No
Rep. Carl Sciortino          No
Rep. Timothy Toomey    Yes
Sen. Sal DiDomenico      Yes
Sen. Patricia Jehlen        No
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WIND ENERGY FACILITIES (H 4955)
House 96-57, Senate 32-7, approved and sent to the governor the conference committee version of a bill that would change the process of siting wind energy facilities in cities and towns.
Supporters said that the bill streamlines the permitting process and still includes safeguards that would ensure cities and towns have the final say whether to allow a wind energy project. They noted that current law is very complicated and has held up many wind energy projects. Some noted that more wind energy projects would create jobs and help Massachusetts wean itself off imported fossil fuels.
Opponents said that the bill goes too far and would dilute the power of cities and towns to decide whether to grant a permit to a wind energy developer. They noted that voters should have the final say on whether to allow a wind energy project in that community. (A “Yes” vote is for the bill. A “No” vote is against the bill.)

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Rep. Denise Provost        No
Rep. Carl Sciortino          Yes
Rep. Timothy Toomey    Yes
Sen. Sal DiDomenico      Yes
Sen. Patricia Jehlen        Yes

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CHANGE CORI AND SENTENCING LAWS (S 2583)
House 131-22, Senate 30-9, approved and sent to Gov. Patrick a bill making changes in the state’s Criminal Offender Record Information (CORI) and mandatory sentencing laws.
The measure allows certain entities access to CORI information on felony convictions for ten years after the offender’s release from jail and on misdemeanor charges for five years. Currently, records are sealed after 15 years for felonies and ten years on misdemeanors. Under the bill, murderers and Level 1 and Level 2 sex offenders would be permanently ineligible for sealing. Another provision would prohibit employers from asking on initial job applications whether an applicant has been arrested or convicted. The bill retains the right of employers to ask about an applicant’s criminal history, but delays this inquiry to ensure that applicants are considered for their qualifications before being screened for a criminal record.
The measure allows some non-violent offenders sentenced to mandatory minimum sentences for drug-related crimes to be eligible for parole upon serving one-half of their sentences in a house of corrections.
Other provisions add certain illegal gun possession charges to the list of crimes for which a prosecutor may move for pre-trial detention based on dangerousness and prohibit convicted sex offenders from working as ice cream truck vendors.
Supporters said the bill would finally reform the CORI system and give people who have served their time a second chance and an opportunity to work and re-enter society. They noted that the long overdue measure balances the need for public safety and the goal of making the corrections system work by being tough on violent criminals while working to reduce recidivism by giving opportunities to non-violent offenders who have served their time.
Some opponents said that the bill goes too far and is too lenient with criminals. They argued that the Legislature should be more concerned with protecting innocent citizens rather than convicted criminals. Others said that the bill is unfair to employers by allowing ex-offenders to omit on their initial application the fact that they served prison time. Some opponents opposed the part of the bill that reduces mandatory minimum sentencing.    (A “Yes” vote is for the bill. A “No” vote is against the bill.)

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Rep. Denise Provost        Yes
Rep. Carl Sciortino          Yes
Rep. Timothy Toomey    Yes
Sen. Sal DiDomenico      Yes
Sen. Patricia Jehlen        Yes

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REQUIRE STATE AUTHORITIES TO PROVIDE $17 MILLION FOR STATE PROGRAMS (H 4800)
House 139-15, Senate 34-4, overrode Gov. Patrick’s veto of a budget section requiring eight quasi-public state authorities to provide $17 million in funding for state programs that are related to the missions of the authorities. Examples include the Massachusetts Educational Finance Authority funding $1 million for a scholarship program; Massachusetts Housing Partnership providing $2 million for a program that subsidizes a second mortgage for first-time homebuyers and Massachusetts Housing Finance Authority paying $2.7 million for the voucher program that subsidizes a portion of the rent for qualified low-income persons.
Supporters of the funding said that these agencies should continue to provide funding, as they did last year, for important programs that are underfunded because of the state’s declining revenues.
In his veto message, Gov. Patrick said that he vetoed the section because it “adversely affects financially self-supported independent authorities that support important public services.” He noted that his administration has worked with these authorities to make affordable contributions to support state services related to their mission without affecting the core services they were created to provide. (A “Yes” vote is for overriding the governor’s veto and favors requiring the authorities to provide $17 million to fund state programs. A “No” vote supports the governor’s veto and opposes the funding.)

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Rep. Denise Provost        Yes
Rep. Carl Sciortino          Yes
Rep. Timothy Toomey    Yes
Sen. Sal DiDomenico      Yes
Sen. Patricia Jehlen        Yes

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HEALTH CARE CHANGES (S 2585)
House 153-0, Senate 40-0, approved and sent to Gov. Patrick a conference committee version of a bill making changes in the health care system. A key provision would require health insurance companies in the small group market to offer at least one reduced network plan with premiums 12 percent lower than those for a full network plan. Other provisions include allowing small businesses to band together and form associations in order to have leverage and group buying power when seeking lower premiums; establishing standardized transparency measures for provider pricing and annual public reporting and giving small businesses that participate in a wellness program an additional 5 percent state subsidy for eligible health insurance costs beginning in 2011.
Supporters said that the bill takes a major step in the fight to control health insurance costs, particularly for small businesses. They argued that the measure would reduce health care premiums for small businesses by 15 percent to 20 percent and help create and retain jobs. (A “Yes” vote is for the bill.)

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Rep. Denise Provost        Yes
Rep. Carl Sciortino          Yes
Rep. Timothy Toomey    Yes
Sen. Sal DiDomenico      Yes
Sen. Patricia Jehlen        Yes

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DIVEST FROM IRAN (H 4297)
House 135-15, approved a bill requiring the $50 billion state pension fund to divest its holdings in foreign companies doing business related to petroleum with Iran. The Senate approved the measure on a voice vote and sent it to Gov. Patrick.
Supporters of the bill said that Iran is one of the most evil and dangerous nations in the world and should not receive any support from Massachusetts’ pension fund. They noted that Iran is working toward developing a nuclear bomb and has threatened to destroy Israel.
Some opponents of the bill said that it is unnecessary and argued that the board of the pension fund’s main job is to maximize profits from investments. Others said that the bill is weak and ineffective and only requires the state to divest from 19 foreign companies doing business related to petroleum with Iran. They noted that they support a broader proposal requiring the pension fund to divest from any foreign companies doing any kind of business not only with Iran but with other terrorist nations including Sudan, North Korea and Syria.  (A “Yes” vote is for the bill requiring the state’s pension fund to divest its holdings in foreign companies doing business related to petroleum with Iran. A “No” vote is against requiring divestment.)

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Rep. Denise Provost        No
Rep. Carl Sciortino          No
Rep. Timothy Toomey    Yes

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NATIONAL POPULAR VOTE (H 4156)
Senate 28-9, approved and sent to the governor legislation that would make Massachusetts a member of the Agreement Among the States to Elect the President by National Popular Vote. The agreement would require states that join the pact to cast all of their electoral votes for the presidential candidate who wins a majority of the national popular vote in all 50 states and the District of Columbia. The pact would become effective when states representing at least 270 electoral votes – a majority of the 538-vote Electoral College – join this compact. States currently have a number of electoral votes equal to the number of senators and representatives that the state has in Congress. This endeavor is led by Fair Vote, a national group that says Hawaii, Illinois, Maryland and New Jersey, with a total of 50 electoral votes, have already joined the agreement.
Supporters said the Electoral College is an antiquated system that gives voters in states with a large number of electoral votes more voting power than those in other states and was designed by the framers because they did not trust the common citizen to vote correctly. They argued that the Electoral College leads presidential candidates to concentrate on and campaign in a handful of swing states while ignoring most of the states that are already solidly Democratic or Republican.
Some opponents said the Electoral College is a good system that has worked well and should not be changed. They argued that the Electoral College actually gives voters in smaller states power that they would not have if the president was elected strictly by a popular vote system in which candidates would concentrate on states with larger populations.  (A “Yes” vote is for the bill making Massachusetts a member of the pact. A “No” vote is against the bill.)

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Sen. Sal DiDomenico      Yes
Sen. Patricia Jehlen        Yes

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ALSO UP ON BEACON HILL

ORGAN DONATION – JACKSON’S LAW (S 2515) – Gov. Patrick signed into law a bill that would allow people to register as an organ donor when renewing a vehicle registration or driver’s license on the Registry of Motor Vehicles’ website. The new law also requires the placement on license and registration renewal forms of an option that would allow people to donate to a newly created Organ and Tissue Donor Registration Fund. Other provisions provide for better coordination of organ donation efforts and a campaign to create more public awareness about it. The measure is named after four-year-old organ transplant recipient Jackson Altieri, who is doing well.

CHANGE NAMES OF STATE COLLEGES TO UNIVERSITIES (H 4864) Gov. Patrick signed into law the bill that changes the names of six state colleges to state universities, including Bridgewater, Fitchburg, Framingham, Salem, Westfield and Worcester.
Supporters say that 45 other states have done this and argued it would help Massachusetts schools compete with those institutions. They argued that the name change would provide more opportunities for students.
Opponents say that the change would do nothing positive for students but would lead to requests by professors and other employees for pay raises and also result in tuition increases.

AUTISM (H 4935) – The House approved a bill requiring health insurance plans to include coverage for some treatments of autism. Supporters said it is unfair and irresponsible that Massachusetts does not mandate this coverage. They argued that it would only add $10 annually to each person’s insurance premium. Opponents said that they sympathize with children with autism but argued that the mandate would further increase the rising cost of health insurance for businesses. They argued that the cost over the first five years could be $340 million with likely annual costs as high as $68 million.

MENTAL RETARDATION (H 4922) – The House approved a measure eliminating the words “mental retardation” from the state’s law books and replacing them with the words “intellectual disability.”  The Legislature in 2008 changed the name of the Department of Mental Retardation to the Department of Developmental Services.

MOTORCYCLE RIDERS UNDER 18 (S 2344) – The House and Senate approved and sent to Gov. Patrick a bill that would require applicants under 18 to successfully complete a Massachusetts Rider Education Program Basic Rider Course in order to receive a motorcycle driver’s license. Under current law, the junior applicant can receive his or her license by either completing the course or passing a simple Registry of Motor Vehicles road test.
The bill is sponsored by the Massachusetts Motorcycle Association (MMA) and is aimed at ensuring proper training for junior motorcycle operators. Supporters noted that a 10-year period of data concludes that 22.5% of motorcycle fatalities are riders under the age of 22 and 63% of motorcycle fatalities during the same 10-year period were by operators who did not take the training.
“Proper comprehensive rider training will provide a new motorcyclist the skills and experience necessary to avoid motorcycle crashes and will go a long way toward helping young riders experience riding well into their later years,” said Rick Gleason, MMA Legislative Director.

STORAGE CHARGES FOR TOWED CARS (H 4171) The House and Senate approved and sent to Gov. Patrick legislation that would increase from $20 per day to $35 per day the maximum amount that facilities can charge to store cars that are ordered towed by the police. Local cities and towns have the power to set the rates for their communities but are not allowed to exceed the state-mandated maximum.

COMMISSION ON PREVENTING FALLS (S 2240) – The Senate approved a bill creating a Commission on Falls Prevention to study ways to reduce the number of falls of senior citizens and to review the effects of the falls on health care costs. A similar bill was approved by the Senate in 2008 but died in the House.

BAN SALE OF NOVELTY CIGARETTE LIGHTERS (S 2578) – The House and Senate approved and sent to Gov. Patrick legislation that would ban the sale of toy-like or novelty lighters that appeal to children 10 years of age or younger. These lighters include ones that resemble cartoon characters, toys, guns, musical instruments, vehicles or animals.
Supporters said that children often mistake these lighters for toys and noted that the lighters are responsible for fires, injuries and death.

BAN JUNK FOOD IN SCHOOLS (H 4919) – Gov. Patrick signed into law a bill that would ban junk food in schools and require the Department of Public Health to develop new, healthy nutritional standards for food sold in all school cafeterias and vending machines.
The proposal mandates that the standards include requiring schools to offer fruits or vegetables, drinking water at no cost and nutritional information about any non-prepackaged foods. It also bans the use of fryolators in the preparation of food.

ALL-TERRAIN VEHICLES (H 4744) – Gov. Patrick signed into law a bill that would prohibit youngsters under 14 from operating off-road recreation vehicles, including all-terrain vehicles (ATVs), dirt bikes and snowmobiles. The measure would allow anyone between 14 and 16 to operate only smaller ATVs and require them to be supervised by someone over 18.
Other provisions include requiring drivers 18 and younger complete a rider safety program before operating an ATV; requiring the parents of an operator under 16 to complete at least one session of the safety program and imposing strict penalties upon those who ride ATVs recklessly or negligently or while under the influence of an intoxicating substance.
The effort to approve this bill was spearheaded by Mark and Katie Kearney, the parents of Sean Kearney, an eight year-old-boy who in 2006, unbeknownst to his parents, drove an adult-size ATV at a friend’s home and died from injuries sustained in an accident.
Supporters say that since 1980, thousands of children across the nation have died in ATV accidents and hundreds of thousands have been seriously injured. They argued that children under 14 do not have the physical or mental capacity or skill to drive these dangerous vehicles. They noted that these new restrictions will save lives and prevent serious injuries.

QUOTABLE QUOTES

“The people of the Commonwealth will justifiably have a right to rebel against incumbents. Democrats in general will have to suffer the consequences because the Senate’s holding up the bill.” – Rep. David Flynn (D-Bridgewater) commenting to the State House News Service on the Senate’s reluctance to approve slot machine venues as part of the casino bill. The Senate eventually agreed to two slot parlors.

“Still no white smoke on gambling bill.” – Headline of a State House News Service story indicating that the conference committee had still not drafted a compromise version of the casino gambling bill.

“I know you don’t want to hear me speak much longer.” – Sen. Sal DiDomenico (D-Everett) delivering his maiden speech on the Senate floor Friday at 9:40 p.m.

“They also spent their anniversary here last year and the year before.” – Senate President Therese Murray announcing that Sen. Gale Candaras (D-Wilbraham) and her husband Arthur Wolf are celebrating their 22nd wedding anniversary and that Candaras’ husband is in the chamber with her.
“I always think about that old saying: No man’s life, liberty or property is safe while the Legislature is in session.” – Senate Minority Leader and GOP lieutenant governor candidate Richard Tisei (R-Wakefield).

HOW LONG WAS LAST WEEK’S SESSION?

Beacon Hill Roll Call tracks the length of time that the House and Senate were in session each week. Many legislators say that legislative sessions are only one aspect of the Legislature’s job and that a lot of important work is done outside of the House and Senate chambers. They note that their jobs also involve committee work, research, constituent work and other matters that are important to their districts. Critics say that the Legislature does not meet regularly or long enough to debate and vote in public view on the thousands of pieces of legislation that have been filed. They note that the infrequency and brief length of sessions are misguided and lead to irresponsible late-night sessions and a mad rush to act on dozens of bills in the days immediately preceding the end of an annual session.

During the week of July 26-31, the House met for a total of 40 hours and seven minutes while the Senate met for a total of 31 hours and 12 minutes.

Monday July 26

House 11:02 a.m. to 11:26 a.m.
Senate  3:01 p.m. to  3:12 p.m.

Tuesday July 27

House  11:00 a.m. to  5:44 p.m.
Senate  2:02 p.m. to  4:43 p.m.

Wednesday July 28

House  11:02 a.m. to  4:43 p.m.
Senate  1:07 p.m. to  4:46 p.m.

Thursday July 29

House  12:30 p.m. to  6:34 p.m.
Senate  1:00 p.m. to  5:28 p.m.

Friday July 30

House  12:01 p.m. to  8:13 p.m.
Senate  1:01 p.m. to  8:37 p.m.

Saturday July 31

House 11:04 a.m. to 12:06 a.m. Sunday
Senate 11:00 a.m. to 12:17 a.m. Sunday

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Bob Katzen welcomes feedback at bob@beaconhillrollcall.com