THE HOUSE AND SENATE. Beacon Hill Roll Call records the votes of local representatives on three roll calls and the votes of local senators on nine roll calls from the week of June 21-26. Many of the Senate roll calls are on proposed amendments to the bill that would allow the construction of three casinos in Massachusetts.

ADOPT $27.94 BILLION FISCAL 2011 STATE BUDGET (H 4800)

House 121-28, Senate 33-7, approved and sent to Gov. Deval Patrick the conference committee version of a  $27.94 billion fiscal 2011 state budget that cuts local aid by $159 million, makes many cuts in hundreds of programs, increases funding for others and uses $100 million from the State’s Rainy Day Fund.

This budget does not include the provisions from the Senate version of the budget that would crack down on state benefits for illegal immigrants and punish the employers who hire them.

The Senate version would require all businesses that receive state contracts to verify that their employees are legally here in Massachusetts and ban businesses from bidding on state contracts if they are found to violate federal law that prohibits the hiring of illegal immigrants. It would also bar illegal immigrant students from receiving the benefit that would allow them to pay the same discounted in-state tuition rates and fees that legal students pay at Massachusetts colleges and universities, prohibit illegal immigrants from being placed in a public housing unit ahead of any applicant who is in the United States legally, establish a toll-free hotline for people to report the employment of illegal immigrants and create new penalties for falsifying state driver's licenses and IDs.

The conference committee version codifies into law existing regulations and practices that bar state services and benefits for illegal immigrants.

Supporters said that the budget is a fiscally responsible and balanced one that funds important programs to the best of the state's ability during this recession. They said that it does not raise taxes or fees and closes a projected $3 billion deficit.

Some opponents said that the budget is fiscally irresponsible, includes wasteful spending and omits more than $1 billion of savings proposals that were offered by the GOP. They argued that many reasonable reforms that would have saved money and funded more local aid and other important programs were rejected. Others had various reasons for voting against the budget.

(A "Yes" vote is for the $27.94 billion budget. A "No" vote is against it.)

Rep. Thomas Calter, Yes                                     Rep. Daniel Webster, No                                      Sen. Robert Hedlund, No                                      

BAN TEXTING AND REQUIRE MORE FREQUENT EYE TESTS BY DRIVERS 75 AND OLDER (H 4795)

House 154-1, Senate 37-0, approved and sent to Gov. Patrick the conference committee version of a bill banning text messaging while driving and imposing a $100 fine for a first offense, $250 for a second offense and $500 for a third violation. The measure also prohibits drivers under 18 from using any type of cell phone or mobile electronic device.

Another section requires drivers 75 and older to renew their driver's licenses in person and take an eye test at the Registry of Motor Vehicles (RMV) every five years. Current law requires all drivers, regardless of age, to renew their licenses every five years but only requires that they do it in person and take an eye test at the RMV every ten years.

Supporters said that this long overdue bill would save lives and prevent injuries. They noted the dangers of using cell phones and texting.

The lone opponent offered no arguments.

(A "Yes" vote is for the bill. A "No" vote is against it.)

Rep. Thomas Calter, Yes                                     Rep. Daniel Webster, Yes                                     Sen. Robert Hedlund, Yes                                     

SUPPORT RULING OF THE CHAIR ON BUDGET (H 4800)

A six-member House-Senate conference committee reported out a compromise version of a $27.94 billion fiscal 2011 state budget. The committee drafted the new version because the House and Senate had approved different drafts of the budget. The compromise version is presented to the House and Senate for a vote by each branch. Under joint House-Senate rule 11A, "Matters on which there exists no disagreement between the branches shall not be disturbed by the committee on conference."

When the conference committee version was brought before the House, Republicans charged that it was improperly before the House because the conference committee had exceeded its authority under rule 11A by changing the funding of items on which the two branches had not disagreed and by including new items that were not even before the committee.

The House 131-18, voted mostly along party lines and upheld the ruling of the chair that the conference committee version is properly before the House.

Supporters of the chair's ruling cited a 1980 case in which a conference committee was given wide latitude in crafting a compromise budget. They argued that this flexibility is especially needed this year because of the uncertainty of whether the state will receive the $600 million in federal funds that it is anticipating.

Opponents of the ruling said that the conference committee clearly exceeded its authority and broke a joint House-Senate rule. They argued that the budget should be shipped back to the conference committee and properly adjusted to follow the rules.

(A "Yes" vote is in favor of the chair's ruling and supports that the budget is properly before the House. A "No" vote is against the chair's ruling and supports that the budget is not properly before the House because the committee exceeded its authority.)

Rep. Thomas Calter, Yes                                     Rep. Daniel Webster, No                                      

The next seven roll calls are on proposed amendments to the bill that would allow the construction of three casinos in the Bay State.

PROHIBIT SMOKING IN CASINOS (S 2495) - Senate 24-15, approved an amendment that would ban smoking in all casinos. The amendment replaced a provision in the proposed casino bill that would allow casinos to make 25 percent of the casino a designated smoking area.

Amendment supporters said that casinos should not be exempt from the state's workplace smoking ban that is designed to protect the health of workers and the general public. They argued that the law has prevented 600 deaths per year caused by the effects of second-hand smoke.

Amendment opponents said that the ban would result in the loss of up to $94 million because smokers will not frequent the casinos and will instead gamble in neighboring Connecticut and Rhode Island. They noted that the state's current workplace smoking ban already has exemptions and allows smoking in private clubs and cigar bars.

(A "Yes" vote is for the smoking ban. A "No" vote is against the ban.)

Sen. Robert Hedlund, Yes                                     

ALLOW SMOKING IN SENATE CHAMBER (S 2495)

Senate 0-39, rejected a motion to allow smoking on the Senate floor. Current Senate rules prohibit smoking in the Senate chamber unless two-thirds of the members vote to suspend the rule. There was no debate on the motion.

The motion was made both with tongue in cheek and to make a point that the state's workplace smoking ban is apparently flexible. Some members complained that the motion was offered in jest. They argued that the issue of a smoking ban is not a joke and is about saving lives.

(A "No" vote is against lifting the Senate smoking ban and favors the ban.)

Sen. Robert Hedlund, Present                                 

ABUTTING COMMUNITIES CAN VETO CASINO (S 2495)

Senate 9-30, rejected an amendment that would prohibit a casino from being built unless it is approved on a ballot question by the host community, any city or town abutting the host community and any community within 15 miles of the proposed casino. The amendment would have replaced a provision in the proposed casino bill that only requires the approval of the host community.

Amendment supporters said that casinos would affect nearby cities and towns that should have the power to veto their construction. They noted there will be adverse effects including social and financial problems and increased crime.

Amendment opponents said that it is foolish to let a community 15 miles away dictate whether a city or town is allowed to host a casino. They noted that the casino legislation includes mitigation funds to help any communities that might be adversely affected by the construction of a casino.

(A "Yes" vote is for requiring a ballot question in the additional communities. A "No" vote is against requiring a ballot question in the additional communities.)

Sen. Robert Hedlund, No                                      

RAISE TAX ON CASINOS FROM 25 PERCENT TO 30 PERCENT (S 2495)

Senate 8-31, rejected an amendment that would raise the tax on casinos from 25 percent to 30 percent of their daily gross income.

Amendment supporters said that the hike to 30 percent would raise up to an additional $100 million annually for the state. They argued that if the state is going to legalize gambling, it should get the most money possible in tax revenue.

Amendment opponents said that 25 percent is reasonable. They argued that it strikes a balance to ensure that top-notch companies are interested in building casinos here and that the state gets a good revenue stream.

(A "Yes" vote is for the hike to 30 percent. A "No" vote is against the hike.)

Sen. Robert Hedlund, No                                      

EXTEND SIMULCASTING AT RACETRACKS (S 2495)

Senate 28-10, approved a bill extending until July 31, 2012 the state's simulcasting law that allows gamblers at the state's four racetracks to bet on dog and horse races broadcast from other states. The old extension is scheduled to expire in a few weeks on July 31.

Supporters of the two-year extension said that without it, the four tracks would be forced to close and hundreds of jobs and tax revenue would be lost. They said that the extension would help many families during this difficult recession. They argued that allowing simulcasting of dog racing does not go against the will of the voters who approved a ban on live dog racing in 2008.

Opponents of the two-year extension said that allowing betting on the simulcasting of dog races is against the will of the voters. They argued that the intent of the voters in 2008 was to ban all dog racing from taking place in Massachusetts or being shown from other states on television in Massachusetts. Some said that they would support the extension if it only applied to horse racing.

(A "Yes" vote is for the two-year extension. A "No" vote is against the two-year extension.)

Sen. Robert Hedlund, No                                      

INCREASE LOCAL AID TO CITIES AND TOWNS (S 2495)

Senate 13-25, rejected an amendment that would increase from 33.3 percent to 60 percent the share of casino revenues that would go back to cities and towns as local aid. The amendment also reduces from 33.3 percent to 20 percent both the share that would be used to help reduce the state's debt and the share for economic development.

Amendment supporters said that cities and towns continue to be the victims of local aid cuts. They argued that increasing their take from casino revenue will save the jobs of teachers, police and firefighters and many important local programs.

Amendment opponents sympathized with the local aid cuts but said that the amendment would take funds away from the important tasks of reducing the state's multi-billion dollar debt and of increasing economic development that would help create jobs.

(A "Yes" vote is for the increased local aid. A "No" vote is against it.)

Sen. Robert Hedlund, Yes                                     

BAN TRANS FATS IN CASINOS (S 2495)

Senate 4-34, rejected an amendment that would ban the use of artificial trans fats, also known as partially hydrogenated vegetable oils, in any Massachusetts casino.

The sponsor of the amendment proposed the ban tongue-in-cheek to make the point that some senators are attempting to micromanage the casinos by prohibiting free drinks for gamblers, ATMs and the serving of alcohol between 2 a.m. and 8 a.m.

Supporters pointed to studies linking trans fats to coronary heart disease and the premature death of more than 4,000 people annually in Massachusetts. They argued that replacing trans fats with healthy alternatives would reduce the number of illnesses and save lives.

Opponents said that this decision should be left up to the owners of each casino and noted that individuals can decide to which casino they go. They argued that this is another example of unwarranted government intrusion and the "nanny state."

(A "Yes" vote is for the ban. A "No" vote is against the ban).

Sen. Robert Hedlund, No                                      

ALSO UP ON BEACON HILL

NURSING HOME RESIDENTS (H 4637) - The House approved and sent to the Senate a measure requiring that each new nursing home resident or family member be given an informational packet that would include the laws and regulations that govern nursing homes. The material would be written by the Department of Public Health in layperson's language.

EXCLUDE COVERAGE FOR DAMAGE FROM TERRORIST ACTS (H 960) - The House approved and sent to the Senate a proposal that would allow insurance companies that sell commercial property and casualty insurance to exclude coverage for loss by fire or other perils if they were caused directly or indirectly by terrorism. Supporters argued that reinsurance companies that back and assume risk for regular insurance companies rarely will cover losses from acts of terrorism.

SCHOOL DRESS CODE (H 385) - The House gave initial approval to a bill giving local school committees the option of establishing dress codes for their public schools. The measure requires that the committees consult with local school councils and that any adopted dress codes be published in student handbooks or handed out to each student and parent. Current law prohibits schools from abridging the rights of students' dress and appearance unless school officials determine that they violate reasonable standards of health, safety and cleanliness.

EPINEPHRINE IN SCHOOLS (H 2077) - The House gave initial approval to a bill that would require schools to allow students with life-threatening allergies to possess and administer epinephrine to themselves in accordance with Department of Public Health regulations. Epinephrine is injected to counteract allergic reactions to food and other sources. The measure also requires schools to allow storage of epinephrine in a secure but unlocked place that is accessible only to authorized persons. Supporters said that epinephrine, available in an easy-to-carry container that looks like a pen, can be used to ease a child's allergic reaction and could save lives if the allergy is life-threatening.

COMMISSION NEEDS MORE TIME TO FIND THE 1,000 GREATEST PLACES IN MASSACHUSETTS (H 4517) - The House approved and sent to the Senate a bill that would give the 13-member special commission created to designate the 1,000 greatest places in the state until December to complete its work. The original deadline for a report by the commission, created by the Legislature in January 2009, was early April.

EUNICE KENNEDY SHRIVER DAY (H 4796) - The House approved and sent to the Senate a bill designating the fourth Saturday in September Eunice Kennedy Shriver Day. Shriver, the sister of the late Sen. Ted Kennedy and the founder of the Special Olympics, passed away in August.

SCHOOL BUS DRIVER DAY (H 4716) - Last week's agenda of the Committee on State Administration and Regulatory Oversight included a public hearing on a bill designating October 20 as School Bus Driver Day. The measure calls for  "recognition of the invaluable contributions of the Commonwealth’s school bus drivers to the safe delivery of the state’s children to and from school, through all forms of climates and conditions, twice a day for 180 days a year." No one testified for or against the bill that was filed in May.

QUOTABLE QUOTES

"This bill is a tax on the poor."

–– Sen. Sonia Chang-Diaz describing the bill allowing casinos in Massachusetts.

"It's even possible (that without repairs) the press gallery could collapse over there. That may be a benefit not to do the amendment."

–– Sen. Richard Moore (D-Uxbridge) debating his amendment to earmark 1 percent of the revenue the state receives from casino gambling to make repairs in the Statehouse.

"I am shocked at that ruling.  I know that our counsel is usually a strict constructionist in interpreting the Constitution of the United States. And Madame President, if the day ever comes where her name is placed in nomination for appointment to the United States Supreme Court, I will remember this day."

–– Sen. Robert Hedlund (R-Weymouth) criticizing Senate Counsel Alice Moore who advised the senate president to rule one of Hedlund's casino amendments out of order. The amendment would have required that any slot machines licensed in Massachusetts be made in the United States.

"We also consider regulation for its protecting people from hurting themselves too much."

–– Sen. Jamie Eldridge (D-Acton) speaking in support of his amendment to ban ATMs from Massachusetts casinos. The proposal was defeated.

"I didn't know that fifth graders had cell phones. But they have a lot better phones than I have."

–– Sen. Sal DiDomenico (D-Everett) introducing a class of fifth-graders from his district.

"Please join me in welcoming from Las Vegas, Nevada, my good friend Joe Palumbo and his wife Ellen."

–– Sen. Gale Candaras (D-Wilbraham) introducing her long-time friends in the Senate chamber during Senate debate on casinos.

"The chairman-in-waiting."

–– Sen. Bruce Tarr (R-Rockport) referring to Sen. Steve Brewer (D-Barre), the current vice-chair of the powerful Senate Ways and Means Committee. It is no secret that Brewer covets the chairmanship of this committee that retiring Sen. Steve Panagiotakos (D-Lowell) now holds.

Beacon Hill Roll Call

Volume 36-Report No. 25

June 21-26, 2010

Copyright © 2010 Beacon Hill Roll Call. All Rights Reserved.