Monthly Archives: August 2010

As an attorney who negotiates settlements, it galls me how govt mishandled financial bailout negotiations http://ping.fm/wbFLp

Kristen did 2 weeks of sailing at Farm Pond, & then took me out last Saturday. Sailing is perfect activity for kids, as they can be masters

I am told that Gov. Patrick held a reception for legislators last weekend in Berkshires, however, only a handful showed up & no leadership.

Medfield State Hospital – state presents quarterly report on environmental clean up 7-9 PM, 8/25/10 at MHS auditorium. Reports are detailed

Mass Dept of Local Services lists Medfield real estate taxes as 12th highest in state. Weston #1, followed by Dover, Sherborn & MetroWest

Mass Appeals Court held today that in trials police cannot opine on speed and cause of car crash, unless trained in accident reconstruction

Legislative Update from John Nunnari – Week Ending August 6, 2010

Week Ending August 6, 2010

After much contentious debate in the Legislature, and attempts at reaching a compromise between the House, Senate and Governor on the number of resort casinos and slot facilities to be licensed under an expanded gambling bill, the Legislature sent Governor Patrick an expanded gambling bill in the final hour of legislative sessions on Saturday that called for three resort-style casinos and two slot facilities, with the licenses for the two slot facilities limited to bidding by Massachusetts’s two racetracks and two former dog tracks. The bill passed the House by a vote of 115-36 and the Senate with a vote of 25-15. Supporters of the bill said it would generate 15,000 jobs and roughly $400 million for the Massachusetts economy.  The final Senate tally was two votes short of the 2/3 majority needed to override any potential gubernatorial veto.

The Governor, who has maintained his opposition to slot machine parlors throughout the expanded gaming debate, said on Thursday of last week that he would compromise with the Legislature and support one slot parlor contingent on the Legislature passing a number of his other legislative priorities. When the final bill from the Legislature allowed for two slot facilities, Governor Patrick almost immediately signaled his opposition.  On Monday the Governor sent the bill back to the Legislature with an amendment that would not allow for any slot facilities.  Since the Legislature had ended formal sessions at midnight on Saturday, they are unable to take the necessary procedural steps to accept the Governor’s amendment, or further amend the bill, so the bill remains in limbo – with no parts of it going into law. In order to do so, the Legislature will need to convene a special legislative session. The prospect of this happening is slim as Senate President Murray has already said she does not think she has the necessary 2/3 vote to take up business in a special session.

In addition to the gambling bill, the House and Senate sent the Governor a CORI reform bill, an economic development bill and a health care reform bill designed to ease small business health insurance premiums. The criminal record information systems legislation restricts public access to criminal record files and grants certain drug offenders parole eligibility before serving mandatory minimums. The economic development legislation establishes a sales tax holiday in August, consolidates economic development agencies and sets up tax breaks for startup businesses. The Governor signed the economic development bill yesterday and is scheduled to sign the CORI bill today.

The U.S. Senate this week passed a state aid bill that would authorize one-time Medicare reimbursement funds to states for six months and provide additional stimulus funding to states. Under this bill, Massachusetts would receive $655 million in Medicaid funding and $205 million in education funding. In clearing the Senate 61-38, the bill received support from two Republicans, the two Senators from Maine, Susan Collins and Olympia Snow. The bill is expected to be taken up by the US House of Representatives as early as next week. In order for Massachusetts to take advantage of these funds, the Legislature will have to pass a supplemental budget.  At this point, legislative leaders are unsure if that action will require a roll call vote; thus, necessitating convening a special legislative session.  If this is the case, the opportunity for revisiting the expanded gaming bill and the Governor’s amendment may exist.

John Nunnari, Assoc AIA
BSA/AIA MA Public Policy Director
jnunnari@architects.org
617-951-1433 x263
617-951-0845 (fax)

Boston Society of Architects/AIA
The Architects Building
52 Broad Street, Boston MA 02109-4301
www.architects.org

Massachusetts Municipal Association’s summary of state actions

See the current Massachusetts Municipal Association’s summary of state actions, prepared for municipal officials – http://wp.me/pwOp1-3a

John Nunnari’s Weekly Political Summary

Week Ending July 30, 2010

The formal session for the two-year legislative session in Massachusetts ends tomorrow, July 31st. With less than 33 hours before the midnight deadline, activity at the State House has been frenzied as legislators attempt to pass their legislative priorities before the end of the session. The House and Senate met in formal sessions on Tuesday, Wednesday, Thursday and today, and both will meet tomorrow. Many major bills are still in the works, including three conference committees trying to reach a compromise on the issues of: expanded gambling in the state, small business health insurance reform, and economic development. Conference committee reports must be filed with the Clerk by 8pm on Friday night in order to be considered by the Legislature on the last day of session.

On Thursday evening, the House and Senate reached a tentative agreement on the CORI reform legislation, a bill that would restrict public access to criminal record files after a Senate’s provision to offer early parole to non-violent drug offenders was removed.  They did not however reach a final agreement as a conference committee report was not filed. Also on Thursday, a compromise bill was filed that would streamline wind development in the state by consolidating the local and state approval process.  The House began debate on this compromise agreement Friday afternoon.

The bill that has garnered the most attention and still remains unresolved is the gambling bill. A very tentative agreement between House and Senate leaders was rumored on Friday. The rumored compromise bill would allow three resort style casinos in three geographic zones. It would also allow two slot parlors in-state, but restrict bidding on those two licenses to the four existing racetracks in the state. A final compromise bill needs to be filed with the Clerk before 8pm this evening to allow for a Saturday vote.

Governor Deval Patrick, after meeting with Senate President Murray and House Speaker DeLeo on Thursday, indicated that he would approve a single slot machine parlor as part of an expanded gaming bill. Patrick, who does not support slot machine parlors, said he would support one slot parlor contingent on the Legislature also passing bills on economic development consolidation, CORI reform, wind siting reform, and a health care cost control bill.  It is unknown at this point if, and in what form, a gambling bill will reach Governor Patrick’s desk.  It is also unknown if Governor Patrick will have line item veto authority and could possibly veto just the slot parlors provision and not the entire bill, if he disagreed with the slot parlor language.  This will be dependent on whether the conference committee deems the bill a spending bill or not.  There is also the possibility that Patrick will veto the entire bill if he does not agree with it.

Governor Patrick said earlier in the week that he was frustrated with the Legislature’s pace of action and said other bills should not be held up because the gaming bill has not been finalized yet.  He suggested that the Legislature should stay in session past July 31st if they have not passed some of their major priorities.  Almost immediately, the Senate President said the Legislature will not stay in session after July 31st.

According to Rasmussen Reports, a poll released this week shows that Governor Patrick is maintaining his lead over his two closest rivals in the race for Governor. In the most recent poll, Patrick receives 38%, Republican Charlie Baker receives 32% and Independent Tim Cahill receives 17%. The poll has a margin of error of 4.4%. 12% of voters remain undecided in the poll of 500 registered Massachusetts voters.  This 6% lead for Patrick is slightly less than previous polls.  Also announced this week was the next radio debate between the three candidates, which will take place on September 16th.

John Nunnari, Assoc AIA

Massachusetts Municipal Association Alert

The Massachusetts Municipal Associationpublishes alerts to keep municipal officials up-to-date on what the state is doing.  This was the one that arrived today.

MMALegislative Alert
8/2/10

Contact:
Tom Philbin
617-426-7272 ext. 121
Massachusetts Municipal Association

MMA Legislative Update
August 2, 2010

LEGISLATURE ENDS FORMAL

SESSIONS

Expanded Gaming Passes; Future in Doubt


Economic Development Measure with Permit


Extension on Governor’s Desk


Wind Siting Bill Stalls at Last Moment

As you know, the Legislature ended formal sessions for 2010 as the clock turned from the latest hour of July 31 to the earliest minute of August 1, with considerable discord with the Governor over the issue of expanded gaming.   However, in addition to that bill, the Legislature enacted several key matters, including an economic development and sales tax holiday bill, and measures concerning health care and CORI reform.  The House gave final approval to a wind siting bill at midnight, but that measure failed to receive a final enactment vote in the Senate by the close of the session.  This email contains a summary of several key measures.

EXPANDED GAMING

The Governor has stated that he will not sign the Legislature’s three-casino, two-slot-parlor gaming package, principally because the plan includes two racetrack-based slot machine licenses.  With the Legislature out of session, and falling two votes short of an override in the Senate, this issue will play itself out in the next ten days as the Governor acts on the measure, probably returning the bill to the Legislature with a recommended amendment to either strike both racinos, or cut the number down to one.  Without Legislative approval of the amendment, or an override in each branch, the bill will die.

While the House has enough votes to override any veto or amendment, the Senate only supported expanded gaming by a 25-15 vote, two short of the necessary two-thirds.  The Legislature has ended formal sessions as of midnight on July 31, and the Senate President has stated firmly that she would not call the Senate back into session.  This would take a two-thirds vote of the Senate, and support for the bill falls short of this requirement.

Further complicating the issue is a late-night report which says that the Legislature’s bill only authorizes two racinos, but does not require the issuance of two such licenses by the gaming commission, possibly opening the door for the Governor to sign the bill while instructing the gaming commission, which he will control, to issue only one license, or none at all.  The Administration will certainly be reviewing its options in the days ahead.

Proponents of expanded gaming have cited the economic benefits, including up to 15,000 jobs and new revenue to the Commonwealth from license fees and taxes on gambling machines.  The bill would set aside for local aid a portion of the one-time licensing fees, all of the tax revenue from slot machines at the racetracks, and 30 percent of the tax revenue from casinos.  These new funds would be used to offset most or a portion of the expected drop in Lottery proceeds caused by expanded gaming.  The MMA will be analyzing the last-minute insertion of an apparent distribution alteration in overall gaming and Lottery local aid allocations connected to a minimum distribution to each community of an amount equal to 25 percent of Lottery sales in each community.  The Division of Local Services is required to analyze this provision and issue a report in advance of any implementation.  This is just one factor in a complex series of considerations in estimating t he potential impact of the legislation on local aid.  The amount and timing of new gaming licenses and tax revenues, the negative impact on Lottery proceeds, and the distribution structure all must be examined.  Of course, this will be moot if the legislation does not become law due to a standoff between the Administration and Legislature.

Other aspects of the bill include the requirement that any licensee sign a compact or agreement that is approved by the host community, and that funds be set aside for addressing and mitigating infrastructure impacts in host and surrounding communities.  The bill establishes a community mitigation subcommittee (with MMA representation) to advise the state on the impact of expanded gaming on cities and towns.

WIND SITING

In spite of news reports to the contrary, the Legislature has not yet sent a comprehensive wind siting reform bill to the Governor.  On Friday, July 30, the House and Senate each voted to support a compromise wind siting bill that was significantly improved over earlier versions due to the MMA’s lobbying efforts, but still fell short in two areas, including allowing developers to file incomplete applications at the local level and limiting the municipal representation on the Energy Facilities Siting Board to wind-related projects only.  A copy of the MMA’s latest letter raising objections to shortcomings in the bill can be accessed on our website (http://www.mma.org).

On Saturday night, July 31, the House and Senate each approved an emergency preamble to allow the bill to become law immediately upon the signature of the Governor, and the House (in its last recorded roll call shortly before midnight) approved final enactment of the bill.  However, the bill apparently did not make it to the Senate in time for consideration, and the Senate gavel fell without enacting the measure.  While the Senate could still approve final enactment during the informal sessions in the remaining five months of the year, this would require unanimous consent of the Senators present, and it is likely that at least one Senator would object.  Thus, the bill will probably languish until next year.

ECONOMIC DEVELOPMENT AND PERMIT EXTENSIONS

The Legislature did approve a comprehensive economic development bill that includes an August 14 and 15 sales tax holiday, and many other provisions.  Section 173 of the final bill includes a two-year extension of all local and state permits granted between August 15, 2008 and August 15, 2010.  The bill does not extend any comprehensive permits granted under Chapter 40B.  The permits and approvals that are extended are those made under Chapter 21, Chapter 21A (except section 16), Chapter 21D, Chapter 30 (sections 61 to 62H only), Chapter 30A, Chapter 40, Chapters 40A to 40C, Chapter 40R, Chapter 41, Chapter 43D, Chapter 81 (section 21 only), Chapter 91, Chapter 131, Chapter 131A, Chapter 143, Chapter 249 (sections 4 and 5 only), and Chapter 258 of the General Laws, as well as chapter 665 of the Acts of 1956, and any local by-law or ordinance.

The original legislation included a three-year extension covering a longer time period, and also covered 40B projects.  Thus, while we are disappointed that the permit extension was included, the measure was softened due to MMA and local officials’ advocacy.  The Administration actively lobbied in favor of a three-year permit extension, and pushed to keep the measure in the bill.  Thus, the Governor is expected to sign the permit extension along with the rest of the legislation.  On the positive side, the legislation includes an MMA representative on a new 12-member Economic Development Planning Council that must approve a comprehensive statewide economic development plan offered by the Governor in the year following his or her election, recognizing the key role that cities and towns must play in building the state’s economy and competitiveness.