The time having arrived to which the Senate had previously adjourned. The Senate will be in order. The Chair would ask members, staff, and guests to please rise and join the senator from Essex, Mr. Tarr in the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.
Several resolutions have been presented, which the clerk will read.
By Ms. L'Italien, resolutions congratulating [INAUDIBLE] Anderson on the occasion of her retirement. By Senator Ross, resolutions congratulating Amelia Oh and Haley Bachman and Michelle Lee, [INAUDIBLE] Murphy, and Julia Park, all of the town of Wayland, on receiving the silver award of the Girl Scouts of America, and congratulating Eric P. [? O'Rourk ?] and Conner F. [? O'Rourk ?] of the town of Wrentham on their elevation to the rank of Eagle Scout.
The question now comes on the adoption of the resolutions. All those in favor say, aye. Opposed, no. The ayes have it. And the resolutions are adopted. Papers from the House.
Several House petitions come from the House with the endorsement [INAUDIBLE] has been suspended with [INAUDIBLE] and they've been referred to their various committees.
The question comes on suspension of joint rule 12. All those in favor say, aye. Opposed, no. The ayes have it. And the rule is suspended. The petitions will be referred to their various committees. If there is no objection, we will proceed with the orders of the day. Is there an objection? Chair hears none. We will proceed.
The only item on the calendar today is calendar item number 5, House Bill number 3601. The question will come on ordering the bill to a third reading, coming first on an amendment as recommended by the Committee on Ways and Means. A number of amendments have been filed which will be considered following the initial comments by the senator from Essex, Mr. Tarr and to whom he directs his questions.
[AUDIO OUT]
Well, well, Mr. President. Good morning. It is great to be gathered here with the members of the Senate on this beautiful spring day as the rain has cleared. The sun is out. And here in the light of day, we are to debate how to spend billions of dollars of tax money. Mr. President, I look forward to a robust and productive debate. I want to compliment you on yet another outstanding purple tie. It is radiant from the rostrum, Mr. President. And it certainly sets an example of haberdashery for all in the chamber.
But Mr. President, we have before us a very serious task, Mr. President. And that relates to trying to put together a budget that addresses the fiscal priorities that we all share and that the people of the Commonwealth have. But also, Mr. President, to recognize the fiscal reality that we live in, and that we'll likely be dealing with in terms of uncertainty of revenues for some period of time. So Mr. President, I do have a series of questions for our distinguished Chair Lady of the Committee on Ways and Means. And I would compliment her on the work that she and her staff have done to compile this budget and respond to a number of those priorities.
Mr. President, we do have a number of questions about the internal balance of this particular document. But Mr. President, before I get to those questions, I hope to resolve a particular matter at the outset of this debate. And so Mr. President, I am reluctant to interrupt your conversation with the distinguished majority leader, but I do rise to raise a point of parliamentary inquiry.
The gentleman will state his point of parliamentary inquiry.
Mr. President, is the budget a money bill?
The budget is indeed a money bill.
Mr. President, it makes me so happy when you say that. Thank you very much. Mr. President, so a few questions, and I think the best way to do this would be to go a few at a time so as not to overwhelm the Chair of Ways and Means, and also so that we can all fully appreciate the answers to the questions, Mr. President. But again, let me start with the first few.
First of all, Mr. President, current estimates indicate that in fiscal year 2017 we are somewhere in the neighborhood of $462 million below the established benchmark for revenue collection. So does this budget address that reality and take recognition of it? In addition to that, Mr. President, we've heard as the budget has come through its developmental process that there may well be a structural deficit that needs to be addressed even before we try to take into account the under-performance of revenue collection. And in addition to that, Mr. President, we often resort in this chamber and in this building to supplemental budgets to try to address underfunded accounts and to try to make corrections to things we have done in general Appropriations Act.
So Mr. President, I'm hoping that we can get clarification on how many supplemental budgets we have had to do so far in fiscal year 2017. And with that, Mr. President, I look forward to the answers of the distinguished Chair of Ways and Means. And again, as she prepares to rise, I want to thank her for the tremendous amount of work that's been done to get us to this point.
The senator from Middlesex and Norfolk, Ms. Spilka.
Thank you, Mr. President. And thanks to the minority leader for asking some great questions. I'm honored to begin debate today on my third budget as Chair of the Senate Committee on Ways and Means. This has been a truly collaborative process, bringing in ideas and priorities of the committee and of my Senate colleagues by meeting with all of you, input from state agencies and advocates in the expertise of so many organizations throughout the state, constituents across the Commonwealth who have met with me, met with all of you, the wonderful Commonwealth conversations.
Thank you, Mr. President, for your leadership, especially through these tough fiscal times. Thank you very much. And thank you to my Vice Chair, the senator from Everett, my Assistant Vice Chair, the senator from Sommerville, ranking minority member, the senator from Plymouth, and all of the terrific members of the Committee. And thank you again to all of the senators for your wonderful input, your caring, your advice, and counsel.
For the third year in a row, we hope to engage the public in the Senate budget process. We have viewing areas open to the general public in room 428 and by the Walcott statue on the third floor. We are live streaming this debate and live tweeting. So everybody should partake in that. We want this process to be accessible and available to everyone.
The fiscal year 2018 budget we are debating this week focuses on the theme of sustaining our Commonwealth. We recognize the constraints as mentioned, the uncertain times, the slow revenue growth, and our current unsteady fiscal environment. It is in these uncertain times, it's now more important than ever, for us to take care of each other and work to provide opportunities for all of our people in all areas of the Commonwealth.
The cover art-- and I do want to raise it because its a beautiful cover. It's art. And it reflects our theme of sustaining our Commonwealth. These beautiful images on the cover were created by Massachusetts artists working with an organization called Art Lifting, a local organization that empowers artists across the country impacted by homelessness, having disabilities, addiction, or other challenges. And they are lifting themselves through the celebration and sale of their art work. So that is very notable.
We can lift up and sustain our Commonwealth by focusing on the fundamentals-- education, health and human services, the well-being of our residents, housing. This budget reflects our shared values and our shared responsibility to foster our common good.
The Senate Ways and Means fiscal '18 budget includes for $40.79 billion in total net spending. This is a balanced and fiscally responsible budget. We continue to reduce our reliance on one time revenues and direct $98.4 million to the stabilization fund to continue to build up this very important safety net. This has been a Senate priority.
We also include several initiatives to maximize state and federal revenue opportunities and spend efficiently, including a standing tax expenditure review commission to evaluate all of the state's tax expenditures and their fiscal impact.
In line with the Kids First framework to invest in our kids, this budget directs funding to high quality education for everyone, including a bold $15.1 million investment to expand access to preschool for low income four-year-olds, $4.76 billion for Chapter 70 education funding including-- and this is really important. We've heard from all of you. And we've all heard from our constituents-- continued implementation of the Foundation Budget Review Commission's recommendations. We go farther. We have $545.1 million for community colleges and universities and $534.5 million for U Mass.
The budget also take steps to contain health care costs and invest in health and human services, with a strong focus on mental health. We have $143 million for substance abuse treatment, intervention, and recovery support services, $91.4 million for mental health services for young people, $24.2 million to fully fund the DDS Turning 22 item, $3.5 million to encourage collaboration among agencies schools and community partners to strengthen early detection and screening of mental illness in our children, and $2.6 million for pediatric palliative care to eliminate the waiting list. This has also been a Senate priority to eliminate the waiting list for services for terminally ill children and their families.
We also continue our support for those who need our help, including children, seniors, folks with disabilities, and our veterans. This budget also includes significant support for housing and homelessness prevention, focusing on preventative and supportive resources to connect people with all different levels of housing and have it be affordable, stable housing as well as offering assistance to those that are in housing crisis.
We have $464.1 million in total for the full spectrum of housing services. And I'll just give a few highlights, $165.9 million for EA family shelters, $100 million for the MRVP to allow 350 to 400 new rental vouchers, $46.2 million for homeless individual assistance, $18.5 for RAFT, and $2.5 million for Unaccompanied Homeless Youth Services. For some, it's the highest it's been. We target also investments to promote self-sufficiency among low income families to create opportunities to truly once again help sustain our Commonwealth.
So we have $30 million, for example, for Adult Basic Education Services, $14.6 for the Department of Transitional Assistance Employment Services program, $12.5 for summer jobs and work readiness training for at-risk youth, $4 million for the Workforce Competitiveness Trust Fund. And for the third year in a row, we should be proud we have increased the children's clothing allowance for low income families to $300 per child, allowing children to enter school, start their school year with new clothes that all kids want. And as we've noted, children at these ages grow like sprouts. They need sometimes new clothes. And this will help them.
These are only some of the highlights of the targeted investments in this budget to foster shared prosperity and support our children, families, and communities. As Horace Mann, the education leader, former Massachusetts state president, and native of Franklin which I am proud to say is in my district, once said "Doing nothing for others is the undoing of ourselves." So this budget invests in children and their education, the best investment that we can make in our future.
We invest in the health, the well-being of our people and our families. We invest in the support services low income people need to find solid ground, secure housing, health, and get back to work. We are clear eyed about our current financial situation, but I am proud to say that this budget reflects all-- and I really emphasize all-- of our values and invests in our future.
I look forward to this week's debate as I know that there are many amendments and this debate will make this budget even stronger. I'm confident that after a spirited debate here in the Senate that we will end our budget debate even prouder that we have taken action to sustain the fundamentals of our Commonwealth and continue to build future success. Thank you.
The senator from Middlesex and Suffolk, Mr. Di Domenico
Thank you, Mr. President, I wanted to publicly thank the Chair of Ways and Means and our president for their strong commitment to children and families in this budget. As the Senate president made it known to all a couple of years ago, kids would be a first priority in this chamber, for many of us and for the body as a whole.
And our Chair has taken that lead and she has, as you can see in the budget books, taking that to heart. And our kids definitely come first. You know, we talk about early education. We talk about child supports. We talk about housing, mental health, public health. And we talk a lot about these issues in our offices and appointments and our district. And a lot of times that talk doesn't always transfer to the budget or transfer to legislation. And I can tell you without a doubt, our Chair has done more than we could have expected in these trying times financially for our kids and our families.
We have made a commitment in this chamber to put our kids above all and our families above all. And if you look at our budget and see that commitment in terms of financial increases, you can see that we made that clear. We always talk about putting our kids first, and we always talk about when our children have challenges. We always want to put them in a spot to succeed, to advance themselves, become better people in society. And we talk about all the great things we do in our education system.
But if a child comes to school hungry, has an unstable housing situation, has trauma back at home, you can have the best schools, the best technology, the best educators, and that child will not learn. We have addressed that issue in this budget through our Chair, and through a lot of your priorities as well, to put our kids in a place where they can succeed in academic and also in our communities.
So I want to thank our Chair publicly, and I can't thank her enough for doing what she has done. And I do want to touch on two things that she mentioned, too. Because she is a leader on these two issues. And the Senate has become the place to be when it comes to clothing allowance for our children, and pediatric palliative care. Those of us who have children, who have grandchildren, nieces and nephews can't even imagine what these families are going through to recieve pediatric palliative care services.
And this budget clears the waiting list. 165 families were on the waiting list prior to this budget. That is actually a shame, that families would have to wait on a waiting list to get pediatric palliative services for end of life services and life limiting services for their children. We can't even imagine that but these families, their whole world has come crashing down on them. And the little bit of investment in whole terms of this budget, $2.6 million in a $40 billion budget, goes a long way to helping these families and helping them deal with situations that will come down the road for them, for their siblings and their parents.
So I want to thank the Senate president for all of his work, and the Chair of the Ways and Means staff, my staff, and all of our staffs for all they've done to put this budget together and put us in a position today to do both things for the Commonwealth of Massachusetts. So I look forward to a great week, and making our budget even stronger as the process goes forward. Thank you, Mr. President.
Mr. Tarr.
Mr. President, I apologize. I was remiss in not inviting the Chair and the Vice Chair's opening remarks. But I still have some questions, Mr. President. And in fact, those questions are I think more important now than ever particularly because, Mr. President, the Chair and the Vice Chair have highlighted one important dimension of the budget. And that is making sure that we respond to important fiscal priorities.
And one of the things, Mr. President, that was not touched on as much as I think could be at this point is the notion that in this budget as well we see some progress on funding the recommendations of the Foundation Budget Review Commission, which members in this chamber fought to reconstitute. And particularly, Mr. President, thanks go to the distinguished Chair Lady of the Committee on Education, and everyone in this chamber for saying that we need to consider how far the discrepancy is between what we mandate for education to be provided in K through 12 systems across the Commonwealth, and what we provide and require to be provided through the Foundation budget.
And for the first time, Mr. President, we see an earnest attempt in this budget to be able to respond to that, Mr. President. Because those are real needs. And those are commitments that we have already made. And we need to stand by them. And we need to support them.
But Mr. President, the other dimension of a budget is also trying to make sure that we are fiscally balanced and we consider the reality that the distinguished Chair Lady of Ways and Means has already made reference to but deserves, in my humble opinion, some further consideration. And thus, Mr. President, some questions relative to that.
The first being that we all know-- and we can't ignore just because we came into the chamber and it is time to debate the budget-- what's happening with regard to revenue collections, Mr. President, that are underperforming benchmark by about $462 million. And so it's a logical question to ask as we gather to begin to plot our course collectively for the next fiscal year, what does this budget do to recognize what's happening in this fiscal year.
In addition to that in the ramp up, in the leading up to this particular budget, Mr. President, we have heard about the fact that prior to any underperformance there may well have been a structural deficit that we had to close. And I think sometimes that fact is lost as we consider some of the other things that are in the budgetary universe, such as the under-performance of revenue collection.
But it shouldn't be under-recognized because it takes a lot of effort on the part of the Committee on Ways and Means to close the structural deficit. And so I'm hoping that the distinguished Chair Lady of Ways and Means can share with us information about what that was prior to even thinking about some of those other factors. How much of a structural deficit did we have? And how was it closed?
And then in addition to that, Mr. President, I'm hoping that we can remind ourselves through the sage advice and recollection of the distinguished Chair Lady on the Committee on Ways and Means of how many supplemental budgets we have had to undertake to compensate for issues with the original General Appropriations Act for fiscal year 2017, which we are still in.
But Mr. President, we all know that oftentimes we use supplemental budgets to be able to address various issues to ensure that the budget stays balanced in response to its funding commitments. So I'm hoping that we can understand how many of those we've already had. And Mr. President, as I did with my original request for the information [INAUDIBLE] I'm going to stop right there so that we can do this in a digestible way. Thank you, Mr. President.
From Middlesex and Norfolk, Ms. Spilka.
Thank you, Mr. President, and through you to the minority leader. Hello. Good morning. As you know, as you've stated, our revenues are not coming in as hoped or expected. We are $462 million below benchmark by the end of April. So we are closely monitoring the revenues. We are very closely working with the House and the administration, particularly the Secretary of A and F to look at and analyze this year's fiscal picture.
There are still two months left for tax collections. And we'll see how that turns out, particularly for the month of May. This budget, like the house one budget, the governor's budget and the house final budget relied upon the consensus revenue that we all agreed upon back in January. That was based on a 3.9% revenue growth generating $27.072 billion in tax revenue before-- that would be before any pre-budget transfers.
So this amount that I alluded to a week ago may need updating in June, like we did last year. There's a lot of theories as to why April was not a good month. There is no true clarity to say, yes, this is it. Some people may have been holding on to their returns and not getting it. They may be filing more in May, which it seems by mid-month that may be happening. But we will see. And then have a discussion working together with the House and the administration to really determine how to best address any potential challenges that we have for fiscal '18, and what we do with the budget.
So we will address it, if need be. And we will work collaboratively which I think you would agree is the best way to go forward. There was a question as to how many supplemental budgets there's been for fiscal '17. And the governor has filed two. We did one a few weeks ago. And we may be doing, as a body, another one next week or the week after.
There always are supplemental budgets, unforeseen items, or sometimes we wait to see, for example, CPCS in the Governor's budget was a little higher for a balance. Some of it has decreased a little bit. So for some of the-- particularly the caseload-driven line items, it's difficult 12 months in advance to know what the final true numbers will be for that line item. So as the year gets closer, sometimes that's when we make some adjustments.
But I do just want to reiterate that even once again, even during tough fiscal times, we have met our obligations. And going back to the theme to sustain our Commonwealth, to support and strengthen our residents, our communities, the families, I'm proud to say that this budget reflects the priorities of each one of you here today. Each one of you has shared your statewide programmatic priorities, your district priorities. And this budget incorporates, even though it has been a tough fiscal time.
Chapter 70 education, which has been a top priority for the Senate reflects $128.8 million increase over fiscal year '17. Throughout the Commonwealth, we're taking steps to implement the recommendations of the Foundation Budget Review Commission. And we address so many other areas that I said before.
So despite this tough time, yes, we did raise some revenue, the Governor raised $300 million in what he referred to as an employer assessment. We did $180 million. We direct the Governor to work in some ways similar to the House. But we also say you have choices either through an employer assessment or contribution or through the EMAC the Employer Medical Assistance Contribution. So there are options and alternatives and ways to raise some revenue.
All three budgets before-- the two budgets before us recognized that we need to raise revenue and did so as well. We raised $409 million to meet the obligations that are before us. So I do believe that this is a fiscally responsible budget. It's a balanced budget. And we will move forward as we debate. Thank you.
Senator Moore and Senator Fattman. The Chair calls upon Senators Moore and Fattman to introduce some special visitors.
Thank you, Mr. President. Good morning to the body. I have the honor today of introducing the Northbridge High School sophomore class, that came to see us in action today, starting our budget debates. Senator Fattman and I have the honor of representing the town of Northbridge. Senator Fattman.
I have the southern part of Northbridge and Senator Moore as the northern part. And then we'd also like to welcome our colleague from the House who has all of Northbridge, Representative David Muradian.
[AUDIO OUT]
-- happy to know that as we begin the budget debate here in the Senate that the Senate made a very high priority of funding for public higher education. And the Governor, the Senate, and the House each file a separate bill. And then we work out the differences in a conference committee as the next stage in the process. And you'll be happy to know that the Senate included a significant amount of funding, in fact a little bit more than either the House and the Governor, I believe, in total.
But together we're working to try to maintain the momentum we have because we have the best public education system in America, although we do have some gaps and room for improvement. And through the work we do here in the chamber both policy and budget, we hope that we will continue to make progress so we can support young people in their education so they can become productive adults to take their place in society as informed voters and effective, productive people in the workforce. So thank you for joining us today. And we'll continue with our debate.
The senator from Essex, Mr. Tarr.
Why, thank you, Mr. President, and through you to the members. I appreciate the gentle lady's explanation. And she's actually covered a couple of the other questions that we have and continue to have, Mr. President.
And that is whether or not the budget as it pends before the Senate fully addresses all of the known obligations that we have with regard to a number of accounts, Mr. President, and whether or not we're going to need some additional supplemental spending, as we stand here today, relative to those accounts. And certainly it seems Mr. President that the Chairs has indicated that it appears that the budget addresses all of those things.
But when it comes to caseload-driven kinds of things, the difficulty in predictability makes it hard. But Mr. President we still are concerned about some of those other obligations. And we could talk about that later in the debate about things that are not funded in this budget that we know at some point will need to be paid for. And so we're concerned about that.
In addition, Mr. President, we have questions and continue to have questions about the sustainability of this budget in light of current revenue trends. The Chair Lady has addressed that. Mr. President.
The Senator from Essex, Mr. Tarr.
Mr. President, while many say that I enjoy hearing myself speak, right now I'm the only one that can have that pleasure. I hope you'll bring the Senate to order.
The Chair would respectfully ask all members and guests to please subdue their conversations so that the gentleman who is speaking may be heard. The senator from Essex, Mr. Tarr.
Why, thank you, Mr. President. So Mr. President, we know that the budget increases spending over fiscal year 2017 by about 3.3%. And that's a significant amount of money. And as we have said repeatedly from Minority Crescent, it's important to think about all of the dimensions of budgeting and certainly it's glamorous to be able to speak to increases and priorities that many of us share.
But Mr. President, it's also important not to miss opportunities to save money as well as capture opportunities to spend money. So I'm hoping that we can hear from the distinguished Chair about some mechanisms that may be in this budget to actually capture savings as we embark on spending almost $40.8 billion. Thank you, Mr. President.
From Middlesex and Norfolk, Ms. Spilka.
Thank you, Mr. President. And thank you for this question because the budget includes many initiatives for savings and cost savings initiatives. I will highlight just a few. Otherwise, we might be here till this evening. Again the theme of the budget is sustaining our Commonwealth. So we've made very conscious efforts to direct funding to programs to sustain our children, families, and communities.
The budget makes significant investments in the state's early childhood education. In fact, $15.1 million for implementing low income early ed programs across the state. This will be an incredible return on investment, not only for each individual child, both as they go through the early education, but research shows that that helps that child for the rest of not only their school career but into their work career.
It helps them with the other aspects of education. And it'll help them with success for their entire future. For the Commonwealth, that will also translate into cost savings as these kids grow and go through the system. They've had early identification for maybe some educational reading help or whatever else that might be needed. And that they will turn into more productive, self-sufficient adults, saving the Commonwealth money later on and help have self-sufficient productive families as they grow up. So that is something that I think we can all be very proud of.
We also, like last year, another example, is we have $150,000 for a pilot program to fund grants to low income tax clinics. These clinics will assist low income filers to ensure that the Commonwealth is collecting the appropriate level of taxes and that they are also obtaining if say they have access to the EITC, that they have the right to collect that as well.
We also change the ratio of public defenders to private defenders within CPCS from the 25/75 to 20/80. A.d. We changed it to 25/75 years ago. And they've never been able to reach the full 25. That just has not worked out. So we recognize reality and this will actually save money for recruitment and retention, but also generate some cost savings down the line. So again, there's many, many highlights in lots of different areas. The money we've invested in the workforce, the Competitiveness Trust Fund, we have other money for TRAIN, it's a program specifically-- it's a Senate initiative specific--
The senator from Essex, Mr. Tarr.
Thank you, Mr. President. I apologize to the gentle lady, but it is getting difficult to hear in the chamber. And this is important information, Mr. President. We're talking about the parameters of a $40 plus billion budget. The Chair Lady is explaining critical information about what's contained in that budget. And I would hope that the Senate would be brought to order so that we can all share in hearing that information.
The gentleman's point is well-taken. And the Chair would again respectfully ask members if you need to engage in conversation and certainly there is plenty for people to be talking about with each other, we certainly understand that given over 1,000 amendments, we would just respectfully ask that you consider going into the lobby or the reading room to conduct those conversations as necessary so that those who are in the chamber can fully engage and hear the debate that's unfolding. So again, I thank you for your cooperation. And we recognize the senator from Middlesex and Norfolk, Ms. Spilka.
Thank you, Mr. President. And I was just ending with one last example, which is the TRAIN program which the Senate initiated last year and we've expanded it a little bit. We've all been hearing that long term unemployed are having a difficult time getting back to work.
This program focuses on the long term unemployed working with our community colleges and the workers in the area to find out what skills are needed to help get these long term unemployed folks back to work. So it specifically targets that. It's been successful in getting off the ground and helping people. So we build upon that as well. So I would suggest that the budget is replete with initiatives for cost savings.
The senator from Essex, Mr. Tarr.
I appreciate that. And I would suggest that the Senate is replete with spending that we hope will produce cost savings. So Mr. President, I guess it's all in the eye of the beholder. But we do hope during the debate to offer some other initiatives to be able to save some dollars in addition to those that have already been explained and those that will be explained. But along those same lines, Mr. President, there are some revenue raising initiatives. The gentle lady who is the Chair of Ways and Means has already made reference to one, relative to employer assessments for health insurance. I don't think we need to revisit that at this moment.
I think there is flexibility in this budget to be able to address that issue and to be able to in part create a cultural shift away from the temptation to enroll folks into Mass Health programs that otherwise would be covered by private insurance, and should be covered by private insurance. So I don't think we need to discuss that any further.
But there are, Mr. President, some tax initiatives in the budget, Mr. President. And that's because the budget is a money bill. I just wanted to say that again. But Mr. President could we hopefully have an explanation from the distinguished Chair Lady of Ways and Means about what some of those tax changes, those initiatives are, and to be clear on the record, Mr. President, whether or not they are intended to be permanent or whether they are being initiated in response to what is a clear revenue issue that must be addressed in this budget and going forward.
In addition to that, Mr. President, there are some major spending increase initiatives in this budget. There is the expansion of the housing court. There is a reserve for criminal justice reform. And Mr. President, as we've talked about so many of the important things that are in this budget and again, we want to continue to focus on commitments that we've already made to things like the Foundation budget and to things like early childhood education and to things like ensuring that we have appropriate housing for folks.
What is the context and, Mr. President, what is the rationale for major expansions in a situation where we're facing declining revenue and in a situation where in the future it would not be unreasonable to suggest we may have to reduce elements in this budget. Why do we have major expansions? And how were they accommodated given that reality? Thank you, Mr. President.
The Senator from Middlesex and Norfolk, Ms. Spilka.
Thank you, Mr. President. I'll try to break down your question and go through first just a few of the tax changes or revenue enhancers that we did in the budget. And I again note that the Governor did some in his budget to a tune of a little bit more than what we did. The House, about the same. We did the $180 million for the employer assessment or the EMAC. The governor did $300 million.
We did what the Governor proposed, to some extent, on accelerating sales tax remittance for $125 million. However, after meeting with a lot of the businesses involved in this-- and this a one time issue, it would raise money one time. And I do want to mention that the employer assessment or EMAC, we limited it to two years, knowing that this is only a short term fix.
And I do want to note our Chair of Health Care Finance and others are in this, on a great working group, to lower the overall cost of health care. We're looking at long term cost containment. So the assessment slash EMAC would be a short term two-year fix. The accelerated sales tax remittance, we added a prepayment. The businesses said other states have done that. And that's more workable. So we give the governor the choice of working with the businesses, of doing that.
We do a tax on short term rentals, which some people refer to as the Airbnb tax. The Governor did one proposal in his budget, we expanded it a little bit more. So we have that in there.
We closed the loophole on room resellers. So, for example, hotel.com, Expedia, and some of the other large companies that buy hotel rooms in bulk, get a low price. They pay tax on that. And then they resell those rooms to folks like you and I and others across the state. There's no tax currently paid on the increase that they charge. So we closed that loophole as well.
So that is some of the tax revenue enhancers that we do. And I do want to address the housing court and the criminal justice reform. Housing court, I would argue, is something that we simply cannot afford to not do. I think about 70% of our state has access to a housing court. And this is something that I believe the other areas of the state should have access to as well.
Expansion is long overdue. Its an initiative that directs residents to the lowest cost per case trial court. The department's helped landlords and tenants because they have the expertise. And they can actually successfully dispose of cases faster because of that expertise. So it's [INAUDIBLE] to stabilize tenancies and prevent tenants from facing eviction and becoming homeless and increasing our homeless population.
With the criminal justice, as we all know, the Governor, the Speaker, and the Senate President have done a collaboration of an initiative with CSG, the Council on State Governments, to do criminal justice reform. I won't go into all of the aspects of it. But there is an agreement for this coming fiscal year for the branches to allocate $3.5 million towards this reform effort.
And all of the branches are agreeing upon this amount so that we can get that criminal justice reform going. We believe it's the right time to enhance our support for the criminal justice initiatives. This will help reduce recidivism, save money in our prisons, directing more money towards education and other programs to reduce recidivism. The incarceration of just one individual costs about $50,000 a year.
If we can ensure that more individuals stay out of jail, stay out of the criminal justice system, and continue to be productive members of our state, the benefits would be far reaching. So supporting the socioeconomic success of well-being of individuals and their families, while also lowering the state's, and by extension our tax payer's, costs. Thank you.
The senator from Essex, Mr. Tarr.
Thank you, Madam President-- Mr. President rather, and to the distinguished Chair. I appreciate the explanation. Mr. President, again, we understand that there is some importance to some of these issues. But again, with regard to the housing court, it is a particularly important court in the Commonwealth. It does tremendous work of resolving disputes. And criminal justice reform is also important. We just raise the issue of expansions when in fact we are likely looking at reductions in this budget.
But Mr. President and through you to the distinguished Chair Lady, one of the things that we have to get our hands around and one of the cost drivers in this and every budget is the cost of Medicaid or Mass Health. So I'm hoping that the distinguished Chair Lady can explain to us, in this particular budget, what percentage of spending is the Mass Health program. And along those same lines, Mr. President, why there are savings initiatives contained in the budget. Because it's one of those areas that must be addressed if we are to contain and control state spending so that we can respond to other priorities. Thank you, Mr. President.
The senator from Middlesex and Norfolk, Ms. Spilka.
Thank you, Mr. President. As we know, Mass Health provides services to 1.9 million residents here in the Commonwealth, helping ensure that health insurance coverage is not a barrier for any of our residents, especially our low income residents. Mass Health's spending in this budget totals $16.714 billion. It is approaching approximately 40% of our budget for fiscal year 2018. And that is why the Senate, as I mentioned previously, is taking steps to try to lower the overall cost of health care with the working group that we have been working-- many of the senators have been working on. So this is something that the Senate is keeping its eye on.
We also take some steps as was mentioned with the assessment or EMAC to tide us through a couple of years. But in recognition that we need to help particularly the small businesses here, we created in the budget a Connector public awareness campaign. We found in meeting with some of the businesses, particularly the small businesses, some were not aware of the tools that were already offered and products available through the Connector. So we think an enhanced public awareness campaign would help.
We also create a group purchasing cooperative task force to improve the affordability and efficacy of group purchasing cooperatives. That would also lower costs. The other initiative that we do is we direct the Connector to have a premium sharing feasibility study. So that would look at establishing small employer premiums, a sharing plan for the coverage of individuals that are eligible to be on Mass Health where the employer could contribute a certain amount for the eligible employees, their eligible employees, to help pay for that. So there's just a few-- and that again is just a few of some of the initiatives that we have taken in this budget to try to continue to lower the overall cost of health care.
Senator from Essex, Mr. Tarr.
Thank you, Mr. President. I appreciate the explanation. And I do think that it's critically important that we continue to work on controlling the cost of health care in general, and more specifically on trying to control our Mass Health costs because they are important. It's important that we deliver coverage and that we ensure health care coverage. But it's also important that we're expanding its availability, we ensure that it does not, by virtue of its cost requirements, devour other available resources that could be spent on other things.
Mr. President, the distinguished Chair Lady of Ways and Means has answered a variety of very complex questions. And I appreciate those answers. And not only the answers, but the knowledge and the focus that enables her to provide them. But now, Mr. President, perhaps the most difficult question of all, and I'm hoping to test her expertise and since has done so well in providing us with information on other things. Mr. President, I'm hoping she can tell us, can the Boston Celtics win the NBA Championship.
The chair recognizes the senator from Middlesex and Norfolk.
In trying to get out my crystal ball, I would remind the leader of a score of a somewhat recent, famous in our parts, football game earlier this year. 28 to 3. And simply suggest that in Boston and in Massachusetts, anything is possible.
The senator from Middlesex wants to talk.
I so appreciate that answer, because whether it's 28 to 3, or two games to one, or 33 to 6, anything can happen in Massachusetts, and we hope that it will in this budget. So Mr. President, I appreciate the explanation. I would just take a moment to explain part of why we're concerned.
Mr. President, we know that there is an agreement on consensus revenue, but we also know that situations are changing, and that revenue trends are concerning with regard to supporting that consensus. And so we want to ensure in Minority Crescent that at some point we don't engage in concealment by consensus, and that we actually acknowledge that there is a problem.
And Mr. President, we have been hard at work in the Minority Print Shop, and this chart comes to us from the Minority Innovation Chamber. And it is a very simple one, given some of the other charts that we may be sharing. Mr. President, you don't need the calculator yet. This one's very easy. So we can make this available, and Mr. President, it will be available in framed version after the budget debate. For those that would like one for their home or office, they also make wonderful holiday gifts.
But Mr. President, this very simple chart indicates on the bottom line state revenues. And this is starting in 2009, and moving forward till 2017, and then projecting 2018. And then, Mr. President, looking at spending in those same parameters. And you can see-- and for those members that might like to see it, I'm turning this way. I know that you're being distracted, but I think this is important.
And so Mr. President, this indicates the delta of spending versus revenue. And this is not something, Mr. President, that has happened in the last year. It is something that continues to be concerning, and it is why we oftentimes try to reiterate the point over and again about the need to initiate important cost-saving measures, as well as noble spending measures to respond to priorities that many of us share.
Mr. President, again, the chart will be going away here momentarily, but it will be available for inspection throughout the debate upon request. Mr. President, I'm not sure if folks can see it in the gallery, so I'll just tilt it back a little bit if you happen to be in the right gallery so that you can see it. And so I raise this, Mr. President, as a point that we need to be concerned about the level of our spending, and the rate of our spending.
And particularly, Mr. President, it's important to note that we have issues, perhaps, on both sides of spending, discretionary and non-discretionary spending. And that's why it's important to bear that in mind as we begin this debate. And I know that the chairlady of Ways and Means understands that. I know that she's tried to program in some savings initiatives. We plan to offer some more, because Mr. President, we cannot continue on that path.
And I know, Mr. President, that there are some who think that we can take a magic marker and connect those lines by imposing a surtax on a particularly small but significant group of taxpayers in the Commonwealth within the next several months through another initiative. But Mr. President, I would suggest to you that that chart suggests the fundamental problem that we have that needs to be addressed, and that we need to consider as we take up this budget.
The budget that pends before us now before the Senate as a result of the good work of the Committee on Ways and Means, again, includes many important things. And I'm going to call attention, again, to the Foundation Budget Review Commission, which was an important initiative that took many years even to happen, Mr. President. That review was supposed to start shortly after we originally passed the Education Reform Act of 1993.
And but for the extraordinary work of people in this chamber who were passionate and committed to getting the Foundation Budget Review Commission reorganized and revitalized, we would not even be able to talk about some of the recommendations that are in this budget. Fortunately, we are. We think we can improve upon some of the things that are done, but that is not to say that we should not recognize the fact that the budget--
Mr. President, we were talking about basketball a few moments ago. I know that you were referring to baseball on the rostrum, but basketball, it's the one with the hoop. So at any rate, Madam President-- Mr. President--
We started in Springfield, right?
We're all over the board here. But Mr. President, I think it's important to recognize that we do have things like the Foundation Budget Review Commission. We do have funding for a number of important priorities. But as we move forward with those, we need to ensure that at some point in the future, our commitment to those will not be compromised by a fiscal situation that raises a red flag of caution for all of us to consider.
As we move through this debate, we plan to offer a number of initiatives that will try to help address that issue. And we do so not because we think that the Senate Committee on Ways and Means is unsympathetic to that goal. Quite the contrary. We do so because we know the Senate Committee on Ways and Means and its chair are interested in pursuing reasonable cost-savings initiatives. And we hope that we can meet in the middle and be able to include some of those additional items into this budget as we move forward.
And Mr. President, as the budget moves forward toward what I would consider to be somewhat of an uncertain future-- not through the making of folks in this chamber, but as a result of the climate that we face. Which presents us with many vexing challenges. Particularly as we-- and it's been referred to by the chair of the Committee on Ways and Means. Particularly as we experience, in terms of unemployment rates and other indicators, a robust economic recovery.
But Mr. President, we are not seeing the kind of consensus revenue that has been projected as a result of that recovery. It is a fundamental issue, and we raise it to ensure that it is in the minds of all of us as we continue to debate this very challenging budget. We raise it not as a derogation. We raise it not as a criticism. We raise it as a point of deep concern.
And we raise it because we know others share it, and that we will hopefully have debate that resonates with that very sobering reality about the situation that we're in. So Mr. President, we look forward to the debate, and we look forward to the several amendments. I believe we have over 1,000, Mr. President, and I will accept responsibility for my share of those. But we look forward to the debate. Thank you, Mr. President.
[AUDIO OUT] have been presented, which we will begin to debate at this time. But first, offered by the senator from Essex, Mr. Tarr, number 1 is on hold. The same senator offers number 2, the title of which the clerk will read.
Amendment number 2 by Mr. Tarr, Senior Citizen Property Tax Relief.
The senator from Essex, Mr. Tarr.
Mr. President, we have a long way to go, and I hope to lighten the load by requesting unanimous consent to withdraw the pending amendment.
Gentleman asks consent to withdraw the amendment. Is there an objection? The chair hears none. It is so ordered. Amendment number 3, offered by the same senator, the title of which the clerk will read.
Amendment number 3 by Mr. Tarr, Expanding the Mandated Reported Definition.
Senator from Essex, Mr. Tarr.
Thank you, Mr. President, and through to the members. Mr. President, this is a very straightforward matter to expand the definition of who in the Commonwealth is a mandated reporter with regard to neglect or child abuse. So Mr. President, we all know that certain professionals, medical, law enforcement, education, and mental health, are mandated reporters. And if abuse or neglect of a child is suspected or detected, those reporters are required to file a report about that suspicion with the Department of Children and Families.
So Mr. President, this amendment adds a new outside section to the budget, expanding those mandated reporters to include public and private school employees, people who care or work for a child in any public or private child care facility, volunteers who regularly work with children as part of a team or organization, and people who are contracted for landscaping for public or private school, and employees of the Commonwealth.
Importantly, Mr. President, this definition does not include those who are under the age of 18, who might be in those positions as a result of their affiliation with a team or an organization. And Mr. President, the amendment also requires that designated mandated reporters are required to take child sexual abuse training, as determined by the Office of the Child Advocate and the Inter-agency Child Care Welfare Task Force.
And Mr. President, I would point out that something in addition to this budget debate is happening in this chamber and in this building today, or in this building. And that is, it's the 17th annual Massachusetts Missing Children's Day. And it is occurring downstairs, and we want to make sure, Mr. President, as we remember missing children in the Commonwealth, and remember the many cases, the tragic cases that we have experienced, that we're doing all within our power to prevent those cases from occurring. And to ensure that we have appropriate reporting mechanisms. Mr. President, I hope the amendment is adopted.
[INAUDIBLE] comes on the amendment, the senator from Essex, Ms. Lovely.
[AUDIO OUT] the gentleman from Essex for filing this amendment. I actually have a similar bill that I have filed on childhood sexual abuse prevention. I think any method that we can do to prevent the sexual abuse of children, whether it's through the budget process or through legislation, is absolutely necessary. And I want to thank the gentleman for filing this amendment. Thank you.
Question comes on adoption of the amendment. All those in favor say "aye". Opposed, "no." The Nos have it. The amendment is not adopted. Number 4 is on hold. Number 5 offered by the senator from Middlesex and Norfolk, Ms. Creem. The title of which the clerk will read.
Amendment number 5 by Ms. Creem, Seasonal Camp Counselors and Counselor Trainees.
The senator from Essex, Mr. Tarr.
Well, well, well, Mr. President. This amendment comes to us by way of the chamber's perhaps foremost expert on the Uniform Commercial Code. But she has spread her wings to another important area, and I'm hoping that we can hear an explanation of this particular amendment.
Senator from Middlesex and Norfolk, Ms. Creem.
Thank you, Mr. President, and through you to the minority leader. From the UCC to the wage laws, thank you very much. So this amendment is simple. It clarifies language contained in the 2014 Minimum Wage Law that we passed to provide for a clear exemption in the case of camp counselors
Both past chairs of the committee which crafted the law indicated in letters to the Department of Labor Standards that the intent was to create a full-time exemption for camp counselors. We all know, whether we were camp counselors, or our kids were happy they have-- doing something, and they're getting something, if anything, for their summertime.
This interpretation was also reported by previous director of the department. However, because the language is unclear, current counselors at DLS have indicated that a strict interpretation of the language does not support the full exemption. This is an important issue for summer camps, which are gearing up for hiring for the upcoming summer. Most of whom had budgeted under the previous interpretation of a full exemption.
It is my recollection of the past debate that a full exemption for camp was intended. I remember that I thought we voted that, and that this was the case. So I would ask your support for this amendment, to make our intent as clear as possible. Thank you.
Question of adoption of the amendment. All those in favor-- ah. The chair recognizes that the senator from Plymouth and Barnstable, Mr. DeMacedo, wishes to speak on the matter.
Thank you, Mr. President. Appreciate the opportunity, and thank you to the senator for bringing this issue up. I think that clearly that was the intention of this legislature in trying to address the needs, and also be responsive to our many summer camps, the YMCA, and the whole others that provide such an important and needed respite for so many young people around the Commonwealth. And we're thrilled about that.
But to that point, I think that I just want to make a point that I support this. But I also want to make a point that there's reasons that we have exemptions. Because they make sense. And there are other opportunities that I think that we can do to make sense in regards to the issue of minimum wage, because there are certain-- often times, people that go into the minimum wage are individuals that are just learning. A training wage that they can just learn for a short window of time.
Because not everybody is at a living wage trying to take care of and support a family. So as we address this exemption, congratulations. It makes a ton of sense, and I will support it. But I also want to make the point now, since we are discussing it, that we have to consider this as we look at the whole Minimum Wage Law as a whole. Because there are other exemptions that we might do that would help young people get into the system, and be able to have a job where they otherwise wouldn't have a job.
We want to create opportunities for employment. And especially for those younger kids that just want a short-term job, the first job that they're ever going to get. Create a training wage. So with that, I just want to congratulate you for taking this on, and to also highlight an opportunity that I'm sure we're going to be addressing this issue in the future, and highlight why it's always necessary. So thank you very much for the [INAUDIBLE].
Now the question comes on adoption of the amendment. All those in favor say "aye". Opposed, "no." The Ayes have it, and the amendment is adopted. Amendment number 6 is on hold. Number 7 is offered by the senator from Essex and Middlesex, Ms. L'Italien, the title of which the clerk will read.
Amendment number 7 by Ms. L'Italien, LGBT Aging Commission Reporting Technical Amendment.
Question comes on adoption of the amendment. The senator from Essex, Mr. Tarr.
Why thank you, Mr. President. This is the First Amendment that we've seen from the gentle lady from the Merrimack Valley, and I'm hoping that we can get one of her usual sterling explanations of what it contains. Thank you, Mr. President.
The senator from Essex and Middlesex, Ms. L'Italien.
Thank you, Mr. President. As chair of Elder Affairs, the LGBT Aging Commission falls under my jurisdiction. The group that meets on a regular basis had asked that we change their requirement from annually to every two years. They feel that they'd be better served by reporting every two years, by December 31 on even years. But should we want them to file more often, they would certainly be able to do that. But they feel this would be sufficient.
Question comes an adoption of the amendment. All those in favor say "aye". Opposed, "no." The Ayes have it. The amendment is adopted. The next offered by the same senator from Essex and Middlesex, the title of which the clerk will read.
Amendment number 8 by Ms. L'Italien, LGBT Awareness Training for Aging Services Providers.
Question comes on adoption of the amendment. All those in favor say "aye." Opposed, "no." The Nos have it. The amendment is not adopted. Amendment number 9 is on hold. Number 10 is offered by the senator from Essex and Middlesex, Mr. Tarr, is also on hold. And we are now on number 11, offered by the same senator, the title of which the clerk will read.
Amendment number 11 by Mr. Tarr, Room Occupancy Tax Modernization.
The question comes on the amendment. The senator from Essex, Mr. Tarr.
Thank you, Mr. President. I move the Senate be in a brief recess.
The Senate will be in a brief recess.
Thank you, Mr. President, I know that a number of members have not had an opportunity yet to make reservations, and so I move that this amendment be temporarily held.
The gentleman asks that amendment number 11 be held. We're now on amendment number 12, offered by the same senator, and the title of which the clerk will read.
Amendment number 12 by Mr. Tarr, Restoring the Income Tax to 5%.
Question comes on adoption of the amendment. The senator from Essex, Mr. Tarr.
Well, well, well, Mr. President. We had in a discussion earlier, and I think it's important that that discussion be on the record, relative to when tax increases are intended to be temporary or permanent. And the subject of the instant tax measure was in 1989 described as a temporary 18-month tax increase of the income tax. Well, Mr. President, 16 years later, as opposed to 16 months later, the income tax had not been reduced to its original 5%. And the voters decided to act.
And Mr. President, that happened in 2000, and the voters once again said, yes, this was intended to be a temporary measure, and it should be-- the rate should be 5%. Well, lo and behold, Mr. President, after the 2003 requirement for that, there was a freeze. And Mr. President, it has been a very, very slow thawing period to unfreeze that reduction.
And so Mr. President, this simple amendment would reduce the tax in two predictable and logical decreases, from 5.1 to 5.0 in January 2018. And finally, to 5% in January 2019. So Mr. President, we are engaged in a budget that has historic high spending rates. We are initiating a number of new programs.
And it seems that we, once again, tend to forget some of the dimensions of budgeting. And that is some relief for the people who pay the bills. And so Mr. President, we offer this amendment to remind us all that we tend to pay, and should pay, more particularized attention to the will of the voters. We have not acted on that will, Mr. President. The tax rate is not what they have mandated. This amendment is an attempt to remind us of that. Thank you, Mr. President.
The senator from Middlesex and Worcester, Mr. Eldridge.
[INAUDIBLE] point of information.
[INAUDIBLE]
Mr. President, I'd like to know the reduction in revenues this amendment would cost the Commonwealth if passed.
The gentleman requests a point of information requesting that we know the number associated with this reduction. The chair recognizes the senator from Essex, Mr. Tarr.
Thank you, Mr. President. I appreciate the question. We are calculating the precise amount of that right now. And Mr. President, we are going to particularly calculate that and reflect upon the spending increases that are contained in this budget.
And surely, the amount of reduction in the income tax that would be occasioned by this amendment is less than that amount. But the member who asked this question deserves a precise answer. We will develop that answer. And Mr. President, I move that the amendment be temporarily held.
The gentleman asks that the amendment be held for providing time for research. The chair recognizes the senator from Middlesex and Worcester, Mr. Eldridge.
Mr. President, I request unanimous consent to make a brief statement.
The gentlemen asks unanimous consent to make a brief statement. Is there an objection? The chair hears none.
Thank you, Mr. President. I understand a minority leader has withdrawn his amendments. From a back of the envelope calculation I have made, each time we reduce our interest rate by 0.05%, it's about $100 million reduction in revenue. So if I'm not mistaken, and I do want to have my own staff do the analysis, this amendment, if passed, over two years would reduce revenue for the Commonwealth of Massachusetts by over $200 million, at a time when we're already facing a structural deficit.
Mr. President!
Ah, the chair recognizes the senator from-- not having previously spoken, the chair recognizes--
Point of parliamentary procedure, Mr. President.
One moment. I have to recognize you.
[INAUDIBLE]
The senator from Worcester and Norfolk, Mr. Fattman. For what purpose does the gentleman rise?
Point of parliamentary inquiry.
Gentleman will state his point of parliamentary inquiry.
My question is, was the amendment withdrawn, or was it temporarily put on hold?
The amendment was put on hold, not withdrawn. The chair recognizes the senator from Essex, Mr. Tarr.
Thank you, Mr. President, and through you to the members. And Mr. President, first of all, we did not withdraw the amendment. And that will enable us to have the opportunity to discuss this further so that we can further verify the information that's been presented by my good friend from-- I guess we would call it the Metro West Region.
And Mr. President, I would suggest this. If his information is correct, that it's a $200 million reduction, then we have to ask ourselves, as he pointed out, if we're in a time of tremendous fiscal constraint, then why the budget increases by 3.3%? That's a lot more than $200 million.
So Mr. President, that's without a decrease in taxation. It begs the very question about what we are doing here in this chamber. Mr. President, I hope that we get an answer very shortly, and I move the amendment be held. And also the next amendment as well, Mr. President.
[INAUDIBLE] amendment number 13 also be held, and now we're on amendment number 14, authored by the Senate from Essex, Mr. Tarr. The title of which the clerk will read.
Amendment number 14 by Mr. Tarr, Post-Employment Benefits Review Commission.
The senator from Essex, Mr. Tarr.
Thank you, Mr. President, and through you to the members. Mr. President, we know that one of the things that has been a serious challenge, not only for state government, for cities and towns, is the requirement that was enacted a number of years ago for governments to carry on their balance sheet the cost of other post-employment benefits. Creating a liability, because those had not been necessarily funded in advance. So Mr. President, this is an amendment to create a commission to look at ways to try to address that to be able to help municipalities, as well as state government. I hope the amendment is adopted.
Question comes on adoption of the amendment. All those in favor say "aye". Opposed, "no." The Nos have it. The amendment is not adopted. Number 15, offered by the same senator, the title of which the clerk will read.
Amendment number 15 by Mr. Tarr, 2017 Sales Tax Holiday.
The senator from Essex, Mr. Tarr.
Thank you. You've preempted me. Mr. President, you were always ahead of the curve, and it's proving itself here again today.
[INAUDIBLE]
Mr. President, once again, this amendment would require there be a sales tax holiday in mid-August. We are spending 40-plus billion dollars. This amendment, I believe, would cost somewhere in the range-- if we consider it a cost, which is an interesting idea. Would require us to forego about $20 million in revenue to help the average person be able to do things, like buy school supplies for their kids before they return to school in the fall. I hope the amendment is adopted.
Question comes on the adoption of the amendment. All those in favor say "aye". Opposed, "no." The Nos have it. The amendment is not adopted. Amendment number 16 is offered by the senator from Middlesex and Worcester, Mr. Eldridge. The title of which the clerk will read.
Amendment number 16 by Mr. Eldridge, Earned Income Tax Credit.
The chair recognizes the senator from Middlesex and Worcester, Mr. Eldridge.
Mr. President [AUDIO OUT] the Earned Income Tax Credit, one of the most powerful anti-poverty tools we have in our hands in the Commonwealth of Massachusetts, and across the country, to 30% of the federal EITC. The amendment also requires the Department of Revenue to administer an outreach program to make sure that EITC-eligible taxpayers are aware of the tax credit.
There are literally hundreds of thousands of residents, Mr. President, that do not know that they are eligible for the Earned Income Tax Credit. And I want to emphasize this is for people who are working. This is for working families. I want to thank Chairwoman [? Skilker ?] for including in the budget a crucial reform to the EITC, assisting victims of domestic violence by allowing married filers who are living apart from their spouse due to domestic abuse to claim the credit.
I want to thank her for her compassion for putting that into the Senate Ways and Means Budget. And of course, two years ago, Mr. President, we expanded the Earned Income Tax Credit from 15% of the federal EITC to 23%, where it is now. So what this amendment is looking to do is increasing it by another 7%. It would cost approximately $70 million.
Mr. President, we live in a state that has the 45th highest level of inequality, according to the U.S. News & World Report. This is unacceptable in a commonwealth where the economy is booming in many parts of the state, and yet, there are many other parts of the Commonwealth where families are struggling.
Obviously, here in Massachusetts, we have high housing costs. We have high energy costs. High property taxes. And this is a measure to provide some tax relief to hardworking families across Massachusetts. The benefit of the EITC is also that this money, unlike some of the corporate welfare we give out across the Commonwealth, is money that more often than not is spent locally.
So if a family receives a check, a tax refund through filing with EITC in the tax filing season, they're going to use that money to pay for local costs. Whether it's health care costs, rent, or local needs they have to provide for their families.
Specifically, this amendment would provide for a family of four an average of a $400 credit. That's a credit that will make a difference, even if it's a small amount, in the difference for families across Massachusetts. Now, I mentioned the bill also includes language that asks the Department of Revenue to engage in an aggressive and comprehensive EITC promotion.
This would make sure that families that may not know that they're eligible for the EITC know about it, and apply to get that full EITC. I am very proud of the efforts the Senate has advanced over the past several years to assist those who are less well-off. Many of those provisions are already in the Senate Ways and Means Budget we're debating.
But the reality is that we're not doing enough to help the working poor in Massachusetts. These are families in each of our communities, and yet we're not doing much in this budget, or outside of the budget, to assist working poor families. So I urge my colleagues to support this expansion of the EITC. It has generally been a bipartisan effort, and so I urge my colleagues to support this important expansion of the Earned Income Tax Credit. Thank you.
Question comes on adoption of the amendment. The senator from Worcester and Norfolk, Mr. Fattman.
Point of inquiry. Mr. President. To the gentleman from Middlesex, Worcester, and--
That's it.
OK, Middlesex and Worcester. Thank you. You had mentioned the cost of-- let me begin by thanking the gentleman for his big heart. I think that the program is worthwhile. He mentioned $70 million that it would cost for this expansion. Is that correct?
Yes.
What about the role of the Department of Revenue? How much will it cost them to promote the program, and what additional cost might that add to the program? Has it ever been done? Just would like to have an answer to that question, please.
[AUDIO OUT] from Middlesex and Worcester, Mr. Eldridge.
Thank you. I thank the gentleman from Sutton for his question. I do not know the exact cost for the DOR to run an aggressive outreach campaign for the EITC expansion that I filed. However, I think it's fair to accept or suggest that it would be a very modest cost, because we're talking about an effort these days through online, through social media, through, perhaps, a modest advertising campaign.
To state agencies where, more often than not, working poor families are already interacting. So that they know about the EITC. We also have a robust number of non-profits throughout Massachusetts that help residents apply for the EITC. So those, of course, have some state funding. But often, they raise money on their own.
And so my opinion is it would be a rather small amount of money that would literally help hundreds of thousands of families across Massachusetts. And again, the average increase for a family of four to expand the EITC would be about $400 above what they currently receive. So I think for whatever investment it'd take for the Department of Revenue to administer, perhaps, this expanded program, it is minor compared to the benefit to hundreds of thousands of families across Massachusetts.
[INAUDIBLE]
[AUDIO OUT] Senator from Plymouth and Barnstable, Mr. DeMacedo.
Thank you, Mr. President. And again to the gentleman from Acton, in light of your previous question to the gentleman in regards to his addressing another previous amendment, you asked a question of cost. And so you've addressed the $70 million cost.
I guess the question is, in light of the financial situation I think that we all face, that we all know that we're in right now, and we understand that a 3.3% increase in a budget is a tall order. We're trying to figure that out at this particular juncture. And I stood with you and supported last time when we went from 15 to 23%. We understand that, so I don't want to make a point of that it's wrong to try.
But the reality is, I guess I'm asking the question, how would you justify the expenditure? In the sense of, how are we going to pay for that $70 million? Because from what we can tell at this particular juncture, we don't necessarily have an extra $70 million dollars at this point to expend. And so I'm certain that you have the answer to that, and that's what I'm trying to understand.
Because I understand the concept. We, as you said, bipartisan supported it in the past. However, this is a different budget cycle that we're in right now, and it seems to be a very tight fiscal budget cycle. So to that extent, I would love to hear the gentleman from Acton's response on how we're going to afford the $70 million.
The senator from Middlesex and Worcester, Mr. Eldridge.
Thank you, Mr. President. I appreciate the question from the Plymouth, and I do pride myself in filing many amendments to increase the bottom line to the budget. By more often than not, also filing proposals to raise revenue. And in this budget, I have actually filed amendment 23. That would close the single sales factor corporate tax loophole for the mutual fund industry for companies like Fidelity Investments.
The estimate is that this would raise about $143 million for FY18, and it has cost the Commonwealth, according to the Department of Revenue, $155 million in FY17. So since we're halfway through the fiscal year, this amendment that I have filed, and will hopefully later debate, conveniently matches with the expansion of the EITC by 7%, by a round of $70 million.
And I think this is an important point that, perhaps, Republicans and Democrats will have today and throughout the debate, is where do we want to see the cutting or raising of taxes. What is truly a fair tax system? And are we truly investing in our communities properly?
I would submit that a 20-year-old tax cut for some of the wealthiest corporations in this country, serving often the wealthiest families in this country and the world, is not the best use of our taxpayer dollars. And I'd rather see that money spent to expand the EITC for hardworking families across Massachusetts who will use that tax credit to spend money in their own communities, benefiting the general economy. Compared to a tax break for a very large corporation.
[INAUDIBLE]
The senator from Middlesex, Ms. Jehlen, not having previously spoken.
Thank you, Mr. President. I'm so grateful to the gentleman from Plymouth for being fiscally responsible, and asking that when we propose a tax cut, that we propose offsetting cuts in expenditures. And I am expecting to hear that when there are proposals from the Minority section about other tax cuts.
But I also want to appreciate the gentleman from Acton for proposing offsetting tax cuts and tax restorations. The reason this one is important is because many of our constituents are worried about the effect of decisions in Washington on the people of the Commonwealth. And the president has proposed cutting the Earned Income Tax Credit, which would hurt the poorest working people in Massachusetts, and across the country.
And he has proposed lowering taxes for corporations and the wealthiest people in the country. So these two proposals taken together offset some of the damage that may come to us from decisions in Washington. So I support strongly the work of the gentleman from Acton, and hope that we will favorably consider both of his suggestions.
The senator from Plymouth and Barnstable, Mr. De-- I'm sorry, from Norfolk. Mr. Fattman.
Thank you, Mr. President. The gentleman from Middlesex and Worcester had pointed out that the Earned Income Tax Credit will help hundreds of thousands of families, and I agree with that. But what I would also suggest is that when people voted to reduce the income tax down to 5%, that also would help hundreds of thousands of working families across our commonwealth. Providing more disposable income for them and their families to decide how they would spend that money.
And it was not just merely a suggestion when they voted on it in the ballot. It was a mandate. And it was 60% of this Commonwealth plus that voted for it, and we have waited 18 years. And so I think when we talk about issues of fairness in our tax code, let's go back to 2000, when people voted. Their will should not just be heard by this body, it should be heeded. Thank you, Mr. President.
Question comes on adoption of the amendment. All those in favor say "aye". Opposed, "no." The Nos have it. The amendment is not adopted. Number 17, offered by the senator from Plymouth and Norfolk, Mr. O'Connor. The title of which the clerk will read.
Amendment number 17 by Mr. O'Connor, Southfield Redevelopment Authority Bond Technical Correction.
The senator from Plymouth and Norfolk, Mr. O'Connor.
Mr. President, thank you, and through you to the membership. And I want to thank my partner in the project at Union Point, John Keenan, Senator Keenan. This amendment is very straightforward. It essentially allows for a series of 2010A bonds to be reissued.
The structure of the Southfield Redevelopment Authority as such, where the towns of Weymouth, Rockland, and Abington had full control when it was a former South Shore tri-town development corporation-- excuse me. Enabling legislation changed that in 2014, and left the bond with $600,000 still remaining in it. This bill would allow for this bond to be spent for public purposes at this development.
Question comes on adoption of the amendment. The senator from Norfolk and Plymouth, Mr. Keenan.
Thank you, Mr. President. I want to thank my colleague from Weymouth for his lead on this. The Union Point Development is obviously a big development. Many of the senators here are familiar with it, having visited the location. They've made great progress over the last several years in developing that old Naval site there, and there's great hope for what may come.
One of the things that they need is the ability to continue on with their financing programs. And this enabling legislation that was passed a couple years ago allowed for them to put out bonds, but said that they could not necessarily, after a certain date, use ad valorem property taxes to fund those bonds.
What this does is say that in cases of re-issuing or refunding bonds, that language doesn't necessarily apply. So it is critical that the base, or that the developer of the base, have this flexibility to continue on with their development program.
So again, I want to thank my colleague for his great work in moving this forward. And I think it bodes well for the development of that particular site and its impact upon the regional economy. I urge your favorable action. Thank you, Mr. President.
Question comes on adoption of the amendment. All those in favor say "aye". Opposed, "no." The Ayes have it. The amendment is adopted. Number 18, offered by the senator from Essex, Mr. Tarr. The title of which the clerk will read.
Amendment number 18 by Mr. Tarr, Super Research and Development Tax Credit.
Question comes on adoption of the amendment. All those in favor say "aye". Opposed, "no." The Nos have it. The amendment is not adopted. Number 19, offered by the senator from Plymouth and Norfolk, Mr. O'Connor, the title of which the clerk will read.
Amendment number 19 by Mr. O'Connor, Home of Senator Daniel Webster and Governor Winslow.
Question comes on adoption of the amendment. All those in favor say "aye". Opposed, "no." The Nos have it. The amendment is not adopted. Number 20, offered by the senator from Norfolk and Plymouth, Mr. Keenan. The title of which the clerk will read.
Amendment number 20 by Mr. Keenan, Commuter Transit Benefits.
The senator from Norfolk and Plymouth, Mr. Keenan.
Thank you, Mr. President. I'll make this as brief as possible. What happened back in 2005 was that there was a change in the federal code that had to do with Commuter Tax Benefits. And it established commuter tax benefits for those who drive and park at their places of employment, those who take public transportation, and also there was a provision in there for those that may go by bicycle.
Our tax code here in Massachusetts does not match that of the federal government. So what we have is a difference in the pretax commuter benefit that's available to the residents of Massachusetts. For instance, in the area of public transportation in particular, those that go to work by public transit, the Federal Credit is $255, which matches the Parking Credit.
But here in Massachusetts, our Public Transit Credit is only $130. So rather than incentivize people to use public transportation, we're giving them an incentive to drive to work and to park, because the commuter tax benefit for that particular mode of transportation and the parking associated with it is greater. What this amendment does would equalize our tax code with the federal government's tax code. So it would raise our Parking Credit to match the federal government's Parking Credit of $255.
Additionally, this amendment would add a credit of $20 for those who are commuting to work by bike. The purpose behind that is to incentivize people to use that mode of transportation to access work. This amendment would also tie future increases to that, which happens at the federal level. So that we do not have to keep coming back and trying to play catch up. If the federal commuter tax benefit increases, our state commuter tax benefit would increase.
This is a benefit, obviously, to commuters of all types. And it's also a benefit to employees, because it is a program that they can offer an incentive they can offer to their employees. And in the instances where it affects parking and public transportation, because those would now match the Federal Credit, it would be much easier administratively for the employer to provide those credits, and make sure that they make sure-- provide for the proper accounting of those benefits.
So I think this is a pro-commuter tax credit. It is one that certainly is pro-commuter, in the sense that it's encouraging people to use public transportation. It's also pro-employee, because it makes their administrative burden much less. So I would urge favorable passage on this, Mr. President. Thank you.
Question comes on adoption of the amendment. All those in favor say "aye". Opposed, "no." The Nos have it. The amendment is not adopted. The senator from Plymouth and Norfolk, Mr. O'Connor, offers an amendment, the title of which the clerk will read.
Amendment number 21 by Mr. O'Connor. Conductive Concrete Study.
The senator from Plymouth and Norfolk, Mr O'Connor.
Thank you, Mr. President. Through you to the membership. This is an amendment that would call for the University of Massachusetts, one of the schools of engineering, to conduct a feasibility study for the benefits of conductive concrete. Conductive concrete is a relatively new invention from Christopher Tuan at the University of Nebraska at Lincoln.
And essentially, what this conductive concrete does is it takes regular concrete, includes with it steel shavings and carbon powder, which make up about 20% of the entire mixture, to then essentially allow this concrete to heat with 48 volts of electricity. Which is below the standard that is set as far as for inspection. These 48-volt batteries are connected to a 220-volt source, and this source can then heat this concrete between 35 and 55 degrees.
This has been studied in multiple areas. There's five patents in five different countries. The individual who created this, again, Christopher Tuan, I talked to him on the phone recently and told him I was filing this amendment. And he was thrilled not only to get the call that this is going to get some momentum, but to get the call from Massachusetts. And being such an innovative state that we are, that this is something that he thought could bring tremendous benefit to the Commonwealth.
The current installation of it in a 30-foot long, 7-foot wide bridge that they have costs an average of $3 a day. This electricity can also be turned off. So what they're doing right now in Nebraska is turning this on about three hours prior to a storm happening. And the bridges which they primarily put these on do not freeze, do not ice. Therefore, there's not an opportunity for the salt that we currently use, which is not good for our roadways.
Massachusetts set aside $40 million-- just the financial impact of this. They set aside $40 million in 2014 to fix potholes. An average motorist spends $539 a year driving on roads in needs a repair. And salt and de-icing chemicals used on roadways corrode concrete, and they also cause serious negative impacts on our environment.
And again, this isn't to go forward with anything drastic. This is just to say to one of our great schools of engineering at the University of Massachusetts, let's look into this. Let's see if this could be a cost-saver to the Commonwealth of Massachusetts. And also, let's see if this can be something that's going to be beneficial to our environment. I hope this amendment passes.
The chair understands that there's a request been made to put this amendment on hold. Number 22, offered by the senator from Essex, Ms. Lovely. The title of which the clerk will read.
Amendment number 22 by Ms. Lovely, Taxation of Cider.
Question comes on the amendment. The Senator from Essex, Ms. Lovely.
Thank you, Mr. President. Last year, I was contacted by a local cidery in my district, Far From the Tree Cider, about the taxation of hard cider. And I learned that there are 22 cideries and cider-producing breweries across the Commonwealth, and that hard cider is the fastest-growing segment of the alcohol market.
Currently, Massachusetts law caps the cider tax rate at 6% alcohol by weight. Above 6%, cider is taxed as a sparkling wine at a much higher rate. Cider with an alcohol by weight between 3% and 6% is taxed at $0.03 per gallon, while champagne and other sparkling wines, including ciders above 6%, are taxed at $0.70 per gallon.
Alcohol content for hard cider is closer to that of a beer or malt than it is to a sparkling wine, which has a much higher alcohol per volume level of 12% to 15%. So for these reasons, the Federal Congress passed the Cider Act of 2016. The Cider Act increases the alcohol by volume limit for alcoholic cider to 8.5%, in order to more accurately reflect the natural fermentation process of apples.
That act went into effect on December 31st of 2016. And this amendment will bring Massachusetts in line the federal definition of hard cider by amending the Mass General Law to increase the minimum alcohol level for alcoholic cider to up to 8.5%. This will support a growing hard cider industry in our Commonwealth, and I hope the amendment is adopted. Thank you, Mr. President.
Very good.
Question of adoption of the amendment. All those in favor say "aye". Opposed, "no." The Nos have it. The amendment is not adopted. Number 23, offered by the senator from Middlesex and Worcester, Mr. Eldridge. The title of which the clerk will read.
Amendment number 23 by Mr. Eldridge, Closing the Single Sales Factor Tax Loophole.
Senator from Middlesex and Worcester, Mr. Eldridge.
Mr. President, we wish to unanimously request withdrawal of the amendment.
[INAUDIBLE] unanimous consent to withdraw the amendment. Is there an objection? The chair hears none. It is so ordered. The senator from Middlesex and Worcester, Mr. Eldridge. For what purpose does the gentleman rise?
I'd like to unanimously request permission to make a brief statement.
Consent to make a brief statement. Is there an objection? The chair hears none. The senator from Middlesex and Worcester, Mr. Eldridge.
Thank you, Mr. President. The amendment that I had filed and just withdrew would have closed the single sales factor for the mutual fund industry, companies like Fidelity Investments. And really, this is the beginning of a conversation where we're making some progress in this budget on the appropriateness of continuing with the corporate tax credits that have passed, especially over the past 20 years.
Mr. President, there's a report that we all received from the Mass Budget and Policy Center May 10th, The Growing Cost of Special Business Tax Break Spending. And I want to highlight that between 1996 and 2018, the tax breaks for the Commonwealth of Massachusetts have risen from $370 million in fiscal year '96 to about $1 billion in fiscal year 2013. Exactly the number that our structural budget deficit was before our April tax numbers came in, adding to the deficit.
Mr. President, I think it's time for us to revisit whether we can continue to pay for these corporate tax breaks. And I want to thank you, Mr. President, for your leadership, and the leadership of colleagues, in supporting tax expenditure commissions in previous budgets, previous jobs bills over the past session, that unfortunately did not become law.
But it's important to emphasize that if we're really serious about investing in our communities, if we're serious about all the amendments that we have all filed to benefit our districts, to benefit people struggling with accessing housing, to protecting the environment, and to needing social services, we're going to need to have a conversation about closing corporate tax loopholes.
Now, there is conversation about what the legislature could pass this session through the Mass Fair Share Amendment, and the voters could pass next year that would raise, perhaps, about $2 billion in revenue for the state. But the reality, Mr. President, is that money essentially has a commitment to being used for transportation or education costs.
For those of us that care deeply about the environment, about human services, about making sure that the investments are made in every single one of our communities to oppose and stop poverty, we're going to have to raise more revenue. And what I would say, Mr. President, is that there are few better places to look at to find that revenue than the corporate tax breaks that we have picked and choosed for the past 20 years to very specific corporations.
Now, the amendment that I filed to close the singles sales factor tax loophole for the mutual fund industry eliminates paying tax on the profits of products sold out-of-state by companies that exist in Massachusetts. A small estimate, and I passed out a handout, is that if a multi-state company makes $1 billion in total profits nationally, and 20% of those profits are in Massachusetts, before 1996, they would pay approximately $95 million in corporate excise tax.
After 1996 changed, they would pay about $20 million in corporate excise tax. So you can think about the scale, Mr. President, about the revenue that we're losing. Now, this is a particularly outrageous corporate tax break because of the behavior of the corporation. This tax break was passed in 1996 with a promise by Fidelity Investments that they would maintain the number of jobs they had in Massachusetts.
At the time, it was about 10,000 people working at Fidelity. And part of that tax cut was a promise by Fidelity to keep that job workforce at 10,000 people for five years. Well, Mr. President, guess what happened in 2001? Fidelity Investments started shedding jobs, either laying people off, or sending jobs to other states. So that now, Mr. President, you have a workforce at Fidelity of around 5,000 people.
But Fidelity Investments continues to receive this tax break. Last year, it cost us about $155 million, and it's estimated that this would cost about $143 million dollars for the Commonwealth. So at a time when we're facing the fact that we're not funding our education system well enough, that entities like the DP have lost a third of their workforce over the past 10 years, when we clearly have an inadequate transportation system, I would submit that it's time to look at corporate tax breaks like the single sales factor for the mutual fund industry.
Now, Mr. President, we have the added concern, which has already been touched upon today, of federal budget cuts coming down to impact Massachusetts. And at a briefing that some senators received in Washington, DC, by the Mass Budget and Policy Center, we know that about 25% of our state budget is backed up by federal taxpayer dollars.
So whether the Trump budget passes, which has just been proposed this week, or whether Republicans in Congress pass their own version of the budget, we know that cuts are going to happen in Massachusetts. We know there's going to be cuts to Medicaid, to housing, to the EPA, to human services. And that is going to make our job all the more difficult, not only to balance the budget, but making sure the investments that we have committed to in this budget are sustained.
So Mr. President, I urge in the future that we strongly consider eliminating the single-sales factor for the mutual fund industry. I want to thank you, as well as the Chairwoman of Ways and Means, for putting into this budget a Tax Economic Development Commission that reviews, under our auditor, all of the corporate tax breaks that we currently issue in making recommendations to the legislature. Let's make sure that commission stays in this budget after the conference committee, and let's make sure we have an independent analysis about whether these corporate tax breaks are the best use of our taxpayer dollars. Thank you.
The senator from Essex, Mr. Tarr?
Thank you, Mr. President. I request unanimous consent to make a brief statement, but include a question there.
The chair hears none. The senator from Essex, Mr. Tarr.
So Mr. President, in [INAUDIBLE], we believe as much as anyone in having proper analysis of so-called tax expenditures. I think too often, Mr. President, we forget about the fact that the money that we collect in taxes is not our money. It belongs to people, and we take it from them for various particular purposes, many of which are justified.
But Mr. President, it seems to me that the particular tax relative to the single-sales factor for the financial services industry, one, was passed unanimously when it was passed in the Senate, and two, Mr. President, it seems to me-- and my recollection could be vague-- that what was required was that payroll was required to be maintained at a certain level, as opposed to number of employed positions.
And Mr. President, when we are facing a situation where we continue to look at why our economic recovery has not been as robust as we would hope it would be, I think we would do well to look at the issue of why wages are part of the problem. Because Mr. President, we understand that we have had a tremendous increase in employment. But many of those who have tried to understand the perplexing situation of why we haven't received commensurate increases in tax revenue have explained to us that one of the challenges that we face are having high-wage jobs that will contribute more to the income tax disproportionately than some of the lower-wage jobs, which are still important.
And so we are presented, Mr. president, if that is true, with a challenge. And that challenge is to not only elevate those in Massachusetts who are currently earning a lower wage to positions where they earn a higher wage, but also not to chase out of the Commonwealth employers that are paying the higher wages and the people that work for them.
That is why it was implicit, in my recollection, in the single-sales factor when it was passed through financial services, that we looked at the amount of payroll. And Mr. President, I stand to be corrected if that's not correct. But I also hope that we will look at the payroll of these financial services companies.
And when we look at our tax expenditure review and consider the very interesting problem that we have, Mr. President-- not that we have too many of these employers, but we have too few, and too few high-wage employees-- to be able to contribute money for the kind of priorities that are reflected in this budget. I hope we'll look at this carefully.
The senator from Bristol and Plymouth, Mr. Montigny. Mr. President, it's early in the budget, and I find myself in the place of strongly disagreeing with the minority leader. But I'm not going to take him on on this argument from the progressive side-- which I could do, perhaps-- because I, for one, have worked with some of these folks to close the loopholes over the years, not so much so that we have more money to spend on programs, although, I think we should have honest debates every budget and every session on what priorities are. And there are some very legitimate concerns people have right now in, are we meeting our basic needs?
But I argue it from a market perspective. You've heard me say many times on this floor that perhaps I've had more experience, particularly prior to coming to the building. But now that I've been here so long, I can no longer say things like, well, I've had more time in the market than I have in the odd place of government, because now I've been here so long that I'm a member of that-- a proud member.
But I still think through these things first and foremost as market decisions. When a government body makes a decision to give these away-- and many times, they are exactly what I call them, and I know perhaps I've over used the word, only because we have over-used the tax break-- in many cases, they're just well-lobbied boondoggles.
There's a flavor of the month. The Tom Cruise comes to town with Johnny Depp and says, give us more money, and we do. So we have a $100 million film tax credit. Fidelity says in 1996, give us money or we'll leave. So we do.
I happen to have the great honor at the time to sit in the room as the Ways and Means chairman when Bob Kraft was looking for a free stadium. And I'm so happy that we were able to tell the very successful, wonderful, popular billionaire, we're not going to build your stadium. We helped him. We did the infrastructure that we should do. We encouraged the team to stay here.
But anybody who fell for the bluff that Bob Kraft was going to move his team to, I don't know, where? Where was he going to go? The NFL was saying, you're not going anywhere. It's based on a media market in Boston. No, you're not going to move down to Rhode Island. That's a joke and a bluff, but some people fell for it. You're not going to move to some faraway place. There was lots of choice places within the bluff.
Same thing-- I am not arguing the merits of the decision at the time. What I'm saying is that the world changes, and government is always the last to figure it out, it seems.
Because here's what's happened with the marketplace. Companies like Vanguard and BlackRock and others have tooled, in quotes-- excuse the term-- the companies who have held fast to manage mutual funds with high fees. Very simple reason why-- very simple reason why.
All of the studies and all of the calculations show that if you put your money in a very low-fee index fund over the last 10 years, you've done far better than dealing-- and I'm sorry, sorry folks. Very happy that State Street is in Massachusetts. Very happy that Fidelity is here. But I'm a markets guy. If somebody lets me save a nickel off their fee, I'm spending my money somewhere else.
That's what we should be doing. We passed this break in '96. It may have made sense back then. Again, I'm not arguing the merits. I'm not arguing the merits. I'm saying it's 2017, and payroll-- well, of course, if you want to calculate payroll, look at the salary of Abigail Johnson and anybody else at Fidelity. I mean, if it's only based on payroll, then all we're doing is rewarding people for paying the absolute highest salaries to a few folks, and not keeping up to the job creation suggested.
I'm not blaming this on Fidelity. And by the way, it's unbelievable. I'd love to own it. It's a privately held company. I'd love to be standing here or out in the hall defending the tax break to you and benefiting from it. But I'm here to represent constituents, not so I can grab the money and spend it.
Here's what I'm here to tell you, since the minority leader made a very good point, it is not our money. But here's the funny thing we've done since we gave these tax breaks to specific flavor-of-the-month companies, like the boondoggle we get to the biotech industry that's dying to be in the state because of the best universities and research hospitals in the country. And we make it a good place, and their executives want to be here, and we help them save lives. We respect their work.
But the two things we don't belong doing is simply overpaying for drugs because they tell us they want us to, and then give them $1 billion over 10 years. Why? If the money was growing on trees and flowing as easily as we all wish, perhaps you could make the argument. But if not, every program and every dollar we spend and every tax break we grant, we ought to know the efficacy of it.
And you've heard me say it before, but I want to remind you. Very few days in this building where I felt embarrassed, because I'm proud to serve here-- that doesn't mean we couldn't do better-- and I sat and listened to a prior governor and his secretary of economic affairs. And I had some very simple questions, Mr. President, like, how does it work? How much does it cost? How many jobs does it create? How many jobs does it retain?
But for this grant or tax break, would the private sector company make the decision anyway? Because here's what I know. Almost no chief executives of companies, many of whom I've invested in personally or as a former chamber of commerce president, listened to them doing their bidding on economic development issues. And almost, to a person, not one has ever said, we make the decision solely based on some tax giveaway. We want comfortable regulatory environment. We want educated people. We want good roads and bridges and infrastructure and a good public transportation service, et cetera, et cetera. Almost never do they say, just give us one of those wonderful giveaways.
And then, of course, it's their fiduciary responsibility-- whether it's a private company, and particularly when it's a stockholder company-- if you offer the money, they'll take it. That's the fiduciary responsibility. That's what shareholders expect from management.
But what the taxpayers expect from us, Mr. President-- whether it's the film tax, the single sales factor, you go down the list. I'm not saying get rid of everyone. I'm saying that we should-- and by the way, I said this 10 years ago and everybody said, well, there's a tax commission. There's this commission. There's this commission, there's that commission. We're going to do this, we're going to do that.
And the only thing that has remained the same is all of those tax breaks are still baked into our base, and none of them have been judged by the efficacy of how they actually stimulate the economy and create jobs. Why is that important?
Again, I'll conclude with this, Mr. President. Not because I want to argue for more revenue for more programmatic spending-- quite the opposite. I voted against the sales tax in this body and had, to the chagrin of some of my progressive fellow senators who felt we were so desperate at the time that we needed more revenue, I voted against the increase in the transportation tax, partly because I didn't agree with the way it was put together.
But this was my consistent reasoning, Mr. President. Until and unless we take back what isn't working-- and we respect that the marketplace over the last 20 years has completely changed with mutual funds. It's not the same world. And ironically, Fidelity is actually now doing well, because they finally woke up to that. They understand that the world changed. Those high-fee, highly-managed mutual funds no longer are in demand the way that low-fee index funds are.
By the way, take a look at your retirement account. And study every single percentage in that account. And unless there's a 10-year track record where they've gone beyond the index fund, dump the company and the higher fee, including if it's a Massachusetts company. Put your retirement money thinking of yourself. And that is the lowest fee relative to the highest rate of return.
How is that relevant to this? Very, very simply-- the industry has changed. It's good that they're employing less people, from their perspective. It might not be good for those that are laid off and it might not be good for our overall economy. But the marketplace dictates that Fidelity change.
I'm not disrespecting that they have less headcount. That's not for me to decide. The market is very harsh. What I'm complaining about is we as a government are 20 years behind the eight ball, as usual. And if I want to be charitable, I'll say we're five or six or seven years, because a lot of this has happened in the more recent years.
And here's what we did. Fidelity signed a deal, because whenever a private sector company-- the defense industry is a better example. I won't get into that today. But whenever a private sector company has their team of lawyers across the table, like we did with the Big Dig negotiations with the Bechtel family, whenever the counterparty is government, you can be sure we lose almost every negotiation.
And I said that at public hearings and meetings, and people said, ah, where'd you come up with that? And then I say, well, I challenge you. Go out and find a good deal.
This is a lousy deal. We got a five-year sunset on the jobs, but we didn't sunset the break. Now, where can I sign up for that deal? I make a commitment to you to do something. And remember, this is economic development public policy, Mr. President. So the policy-- Mr. President, I can't hear myself think-- which perhaps is good, but if you could just-- Thank you.
The chair asks that the chair and others respect the fact that the gentleman is speaking, and that we subdue our conversations so that the gentleman's comments may be heard.
I have no doubt that [INAUDIBLE] off my mark. So I'll sit down. And I promise I will. I promise. I'm on a roll here. This is why my staff attempts to write my speeches and I never read them, because then I wouldn't get rolling like this.
I honestly want to close with this, on a serious note. I don't just respect the decision made in fiscal year '96. I don't disrespect the company that has done enormous good in this state. What I'm saying is, when a government makes a policy decision to provide a grant or a tax break, it ought to be based on that policy. But for this, the private sector might not have done x.
In this case, I'm not even trying to argue whether they kept to their bargain. I'm saying they signed a five-year deal and we gave them a lifetime annuity. I mean, I've never seen anything like it. I wonder how I chose a career, because I'd like to choose a career where I can get that deal. I want to make a commitment to you for five years, and I want you to pay me for it for the next 20 or 30. I'll sign that deal.
So Mr. President, I hope, in the commission that we've put together, we will finally-- and I have no doubt, because I've listened to Senate members on this. These are not easy votes, but I've listened to Senate members. The only thing I'm asking is that we keep every tax break that actually meets the need of job creation in this state and kill every one that doesn't meet the purpose that we set.
And the way you do that is you sunset every single, one and then you make the proponents prove that it works. We will save billions of dollars.
And I'm not making the judgment whether progressives should win on spending it. I'm saying I don't ever want to take another penny out of a working person's pocket on something like the sales tax when I'm giving the Johnson family $140 million, or whatever. I mean, they're not the only mutual fund company in Massachusetts. But it's clear it was named the Fidelity tax break for a reason.
And it's got to stop, Mr. President. Or at least, we have to be able to justify it. I will sign on to any of those breaks, again, if we sunset them and judge them for their efficacy on how they help the average person that's paying the highest sales tax. Thank you, Mr. President.
The next amendment before us is #24, offered by the senator from Plymouth and Norfolk, Mr. O'Connor, the title of which the clerk will read.
Amendment #24 by Mr. O'Connor, electronic communications.
The senator from Plymouth and Norfolk, Mr. O'Connor.
Thank you, Mr. President, and through you, to the membership.
This amendment very easily changes the way that the unemployment assistance works. Right now, it's an opt-out provision for postal service. This would be an opt-in correspondence with email service.
Right now, the Executive Office of Labor and Workforce Development says that 80% of the claims that are filed with unemployment are filed via the internet, and that the users of unemployment assistance are computer literate and have access to the internet. Therefore, they may be more comfortable with email.
Right now, the postage cost to the executive offices is a half a million dollars a year. The funding comes from an administrative grant, as well as the federal government. And rather than spending this limited funding on postage, they would like to spend this money on other operations, such as language services. I believe overall, this amendment continues the ongoing effort that the legislature and the administration have made to modernize government, streamline our services, and make communication faster and more efficient. I hope this amendment is adopted.
The question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The nos have it. The amendment is not adopted.
#25 is offered by the senator from Essex and Middlesex, Mr. Tarr, the title of which the clerk will read.
Amendment #25 by Mr. Tarr, Title V income tax credit reform.
The chair recognizes the senator from Plymouth and Norfolk, Mr. O'Connor.
Mr. President, I ask that this amendment be temporally held.
The amendment will be held.
We're now on Amendment #26, offered by the senator from Bristol and Plymouth, Mr. Rodrigues, the title of which the clerk will read.
Amendment #26 by Mr. Rodrigues, Section 90G 3/4 of Chapter 32.
The question comes on the amendment. The senator from Plymouth and Norfolk, Mr. O'Connor.
Thank you, Mr. President. I'd just like to ask the sponsor of the amendment for a brief explanation.
The chair recognizes the senator from Bristol and Plymouth, Mr. Rodrigues.
Thank you, Mr. President, and through you to the members. I'm happy to provide a brief explanation of what Amendment #26 does. This amendment addresses potential concerns raised about the Age Discrimination in Employment Act, so-called ADEA, and removes a potential violation of age discrimination by allowing all members from age 70 and upwards to continue to participate in the retirement system under the same conditions as all other employees for benefit purposes on a pretax basis.
Right now, the election provided to current employees under Section 90G 3/4 of Chapter 32 results in the ability of an employee to choose whether or not to have tax-deferred contributions made to the employee's retirement system. This amendment repeals the election provisions under Section 90G 3/4. And members who reach age 70 would simply continue to participate in the retirement system under the same conditions as all other employees, and their contributions will remain on a pretax basis.
And this would eliminate the concern that there would be a problem with age discrimination, and I hope this amendment is adopted.
--comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The ayes have it. The amendment is adopted.
#27, offered by the same senator, the title of which the clerk will read.
Amendment #27 by Mr. Rodrigues, single-risk limitations.
The question comes on adoption of the amendment, All those in favor, say aye. Opposed, no. The nos have it. The amendment is not adopted.
#28 has been withdrawn. #29, offered by the senator from Plymouth and Bristol, Mr. Brady, the title of which the clerk-- the chair recognizes the senator from Hampden and Hampshire, Mr. Lesser. For what purposes does the gentleman rise?
Thank you, Mr. President, and through you, to the members.
--objection. The chair hears none. The senator from Hampden and Hampshire, Mr. Lesser.
Thank you. I thank you, Mr. President, and through you, to the members.
I rise in support of Amendment #28, the community investment tax credit. This tax credit has generated nearly $23 million in private philanthropic investment over the past three years alone in our commonwealth. Just in 2016, these dollars built or preserved 1,195 homes, created or preserved 3,903 jobs, assisted 717 small businesses, and served 70,840 families.
The reason this tax credit works so well is that it entitles donors to a 50% refundable state tax credit for donating $1,000 or more to a participating community development corporation. This tax credit is available to any taxpayer, including individuals, corporations, and nonprofit organizations. This tax credit is building up our communities by injecting funds into organizations that provide the missing link to resources our citizens desperately need.
In Jamaica Plain, for example, the Neighborhood Development Corporation is providing affordable child care that one parent has said was the best decision she made for her son. In Lawrence, Community Works is providing adult ESL classes so that our immigrant communities are better prepared to apply for jobs and pursue higher education.
In Springfield, where this program is especially important, Way Finders is forming bonds between [INAUDIBLE], a retiree in her 70s, and the young people she has met and mentored through Let's Play Days at Donna Blake Park.
Throughout Western Mass, organizations are providing emergency shelter for people like Francisco and his three-year-old daughter, who needed a place to stay after he had a workplace accident and couldn't pay the rent while he recovered. This is all thanks to this program, to the community investment tax credit.
All over our commonwealth, people have access to housing when they need it, to job training when they most need it, and to education when they need it. Most importantly, they have access to their community and to the organizations that are doing this work closest to home in their neighborhoods.
As was discussed at the opening of our budget debate, our theme is lifting all families, lifting all communities in our commonwealth. This program, the community investment tax credit, does just that. I'm looking forward to this moving through the committee process with my colleague from Everett, who filed this legislation, and seeing the successful extension of this tax credit. Thank you, Mr. President.
Mr. President? [INAUDIBLE].
--from Middlesex and Western, Mr. Eldridge.
Thank you, Mr. President. I request permission to make a brief statement.
--an objection. The chair hears none. The senator is recognized.
Thank you, Mr. President. I just want to commend the gentleman from Longmeadow for filing this amendment. And it really is an important tax credit that complies with the rules and recommendations that a previous tax commission had recommended with clear clawback standards.
And when the gentleman from Everett filed and helped pass this community investment tax credit several years ago, we made sure to comply with those standards. That's dramatically different from most other corporate tax credits.
But I also just want to say that I would agree with the gentleman from Longmeadow's assessment of the value of the tax credit. In the district that I represent, the organization CDC [INAUDIBLE] has expanded its service area to part of the district I represent, including the towns of [INAUDIBLE], Shirley, and Harvard.
And I've already been familiar with the CDC due to my work with them before, and they really do an incredible job at turning around poor neighborhoods and poor communities, helping create jobs, build affordable housing, help entrepreneurs-- often immigrants-- start their own businesses. So it's a very viable tax credit that I hope we can extend sometime this session.
But I just want to commend the gentleman from Longmeadow for filing this, for his advocacy. And I do hope we can pass this at some point this session. Thank you.
--is Amendment #29, offered by the senator from Plymouth and Bristol, Mr. Brady, the title of which the clerk will read.
Amendment #29 by Mr. Brady, equitable support for enhanced 9-1-1 services.
The senator from Plymouth and Bristol, Mr. Brady.
Thank you Mr. President, and through you, to the members. There is a bill filed on this matter that's going to be heard in the near future. So I ask this amendment to be withdrawn.
Requests the amendment be withdrawn.
The gentleman requests that the amendment be withdrawn. Is there an objection? The chair hears none. It is withdrawn. The same gentleman asks unanimous consent to make a brief statement. Is there an objection? The chair hears none. The senator from Plymouth and Bristol, Mr. Brady.
Thank you, Mr. President, and through you, to the members, this amendment that was filed-- and the bill is going to be heard shortly in the near future-- would generate $2 million a year from users who have never shared the cost of the 9-1-1 service, and adheres to a 2002 mass mandate that enhanced 9-1-1 will be supported by all customers who have access to 9-1-1, and it ends current inequitable situations with the 9-1-1 fee as paid by wire line, host-paid wireless, and internet-based voice services users, while prepaid wireless users pay nothing. And 40 other states have passed similar legislation. But I know that there is a hearing scheduled shortly on this, so thank you for the--
--next amendment before is Amendment #30, offered by the same senator, the title of which the clerk will read.
Amendment #30, by Mr. Brady, further regulating temporary inventory adjustments of malt beverages.
The question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The nos have it. The amendment is not adopted.
The senator from Essex, Mr. Tarr, offers Amendment #31, the title of which the clerk will read.
Amendment #31 by Mr. Tarr, senior circuit breaker tax credit.
The question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The Nos have it. The amendment is not adopted #32 has been withdrawn. #33 is on hold. #34 has been withdrawn, as has number #35. #36, offered by the senator from Norfolk, Bristol, and Middlesex, Mr. Ross, the title of which the clerk will remember.
Amendment #36 by Mr. Ross, encouraging smoking cessation. The senator from Norfolk, Bristol, and Middlesex, Mr. Ross.
Thank you, Mr. President, and through you, to the members.
I file this amendment with the goal of increasing tools in our arsenal for reducing the impact of smoking on the Commonwealth. We've taken important measures in the Senate to lower the number of smokers that we have, citizens with cigarettes to lower the impact of tobacco on our youth.
An action I hope will help further this cause is to encourage the use the smoking cessation aids, such as the patch, as an alternative to smoking. Cessation aids provide valuable assistance to individuals wishing to eliminate their addiction. It is my hope that eliminating the sales tax on these products will encourage more residents to freely use these, and to get their smoking under control. I hope this amendment passes.
--the amendment. All those in favor, say aye. Opposed, no. The nos have it. The amendment is not adopted. #37 is offered by the senator from Worcester and Norfolk, Mr. Fattman the title of which the clerk will read.
Amendment #37 by Mr. Fattman, singles sales rate factor analysis.
The senator from Worcester and Norfolk, Mr. Fattman.
Thank you, Mr. President, and through you, to the members. If I had been told we'd be talking so much about the single sales factor this early in the budget, I wouldn't have believed it. But we've heard from the gentleman from Middlesex and Worcester, the gentleman from the Second Bristol and Plymouth district-- and if you were listening closely, you even got some retirement advice, which as a young millennial, I appreciate.
But this is a dynamic analysis that I'm proposing-- and actually, re-proposing. We actually passed this unanimously. And I think the genesis of the debate that happened just a few minutes ago is the reason why we wanted to study and do a dynamic analysis.
Yes, it is true that a single sales factor is likely to reduce corporate income tax. However, the impact that it has on sales tax, personal income tax, property taxes is something that's unknown. We heard a $140 million in tax breaks.
However, what we don't know is how payroll taxes went up, how income taxes went up, how sales taxes went up, how property taxes went up. Because without a single sales tax factor, apportionment is done and a burden on Massachusetts. So the more employees that you have in Massachusetts, the more burden of corporate income taxes are paid. Therefore, it's a disincentive to bring jobs here to Massachusetts.
Same thing with your property footprint-- if there's not a single sales tax factor-- in fact, you don't have any interest in expanding your physical footprint here in Massachusetts. Why? Because your business income tax burden is greater.
Mr. President, last year, this body adopted this unanimously. I think, with the challenges that we face in revenue and looking at and modernizing our tax code, I think this is appropriate for DOR to take a dynamic analysis once again. The Senate supported it last time. I hope this amendment is adopted, and I ask for a call of the yeas and nays.
The gentleman asks-- [AUDIO OUT]
The gentleman asks that when a vote on the matter be taken, it be taken by a call of the yeas and nays. Those joining with him rise and be counted. A sufficient number having risen, if the vote is taken, it will be taken by a call of the yeas and nays.
[LAUGHTER]
The Senate will be in a very brief recess.
--will be temporarily laid aside.
This is the film tax credit.
Mr. Leader? [AUDIO OUT]
--Essex, Mr. Tarr.
Thank you, Mr. President. We have had such an interesting discussion of dynamic analysis that we'd like to ponder the dynamic analysis a little bit further. And in order to do that, I move that there will be a Republican caucus until the hour of 1:30 PM.
Under the rules, a caucus has been granted until the hour of 1:00 PM. We will begin promptly--
1:30 PM. EXCUSE ME, PROMPTLY AT 1: 30 PM, with the majority leader in the chair.
--now come to order.
The senator from--
The senator from Norfolk, Bristol, and Middlesex. For what reason do you rise?
How are you today?
What a great time in Wellesley the other day. I'm rising to doubt the presence of a forum.
OK. The Senate doubts a quorom.
Five, six, seven, eight, nine. A quorum is not present.
[AUDIO OUT]
The court officers will call the members and shut the doors.
The court offices will call the members and shut the doors.
[AUDIO OUT]
--returning to the calender.
OK, returning to the calendar. Amendment #38-- the senator from Bristol and Plymouth has filed an amendment, the title of which the clerk will read.
Amendment #38 Mr. Rodrigues, film tax credit adjustment.
The question--
OK, I'm sorry. I thought Senator [INAUDIBLE] was standing.
[AUDIO OUT]
--Middlesex. For what do you stand?
Thank you, Madame President, and through you, to the members. How wonderful it is to see that you have ascended to the rostrum, Madame President. And you're doing an outstanding job. Madame president, I'm hoping that we can have an explanation of the pending amendments from his sponsor, the good gentleman from [INAUDIBLE] River.
Thank you. The senator from First Middlesex and Plymouth.
Bristol.
Madame President, we ask for a brief recess.
--President, and through you, to the members. Let me take this opportunity to explain what Amendment #38 does, the title of which is a film tax credit adjustment. And that's exactly what this amendment does. It makes two very small adjustments to the Massachusetts film tax credit.
As most of you know, we provide in Massachusetts a 25% tax credit on qualified expenditures in the film industry. And because of this tax credit, we have seen a great amount of growth in the film industry here in Massachusetts, whether it is in feature films or if it's in television or network series. We've seen investments in [INAUDIBLE], in studios. And we're very, very happy with the momentum that's being built here in Massachusetts in the film industry.
However, what we have heard from a number of individuals-- bipartisan, both Democrats and Republicans-- is the need to maybe make a couple of small adjustments in the tax credit to ensure that more of the benefit of the tax credit is realized here in the Commonwealth of Massachusetts by residents and citizens of the Commonwealth of Massachusetts, and to ensure that the amount of tax revenue that we are forfeiting as a result of this credit is done so more fairly and equitably.
So the two things that this tax credit does is first, it modifies the eligibility for production expense credits by raising the in-slate principal filming days threshold from 50% to 75% and raising the in-state spending threshold from 50% to 75%. So currently, in order to be eligible to receive any tax credit, you need to either expend 50% of the total film budget in Massachusetts or film 50% of the number of film days here in Massachusetts, one or the other.
We are raising that threshold in both instances to 75% to ensure that Massachusetts' businesses, Massachusetts' employees get more of the benefit of this text credit.
The second thing that this amendment does, second section-- it would exclude any salaries in excess of $1 million as an eligible production expense. This change puts an end to Mass payers' taxes subsidizing 25% of actors' or actresses' or directors' salaries over $1 million.
We spent a lot of time today this morning talking about the revenue constraints that the Commonwealth of Massachusetts is in. This film tax credit is a refundable tax credit, which means that it acts the same way as a grant would, that the control of Commonwealth of Massachusetts, after being certified by the Department of Revenue, cuts a check, writes a check to the qualified eligible recipients.
And it's estimated that by making these two very small adjustments in the Massachusetts film tax credit program, we would save $14 to $15 million annually here in the Commonwealth of Massachusetts. Madame President, I hope this amendment is adopted.
Thank you. The senator from First Essex and Middlesex.
Thank you, Madame President. I appreciate the gentleman's explanation. And the gentleman, at the close of his comments, indicated that by enacting this amendment-- and if it were to become law-- we would regain somewhere in the neighborhood of $14 million.
But Mr. President-- Madame President, I'm sorry-- it's not clear that that would be the case. In fact, it could actually be the case that we would lose much more than that if we were to begin losing production companies in Massachusetts that have had a tremendous benefit in this commonwealth as a result, largely, of this text credit being in place.
And how big is that impact, Madame President? Well, since the tax credit became law, 170 productions have filmed in 190 cities and towns. And television alone, Madame President, has seen about 33 cities and towns see production as a result, largely, of the tax credit.
Madame President, we talked a little while ago about the need to have jobs that pay good wages to be able to address our current underperformance of revenue collections. And in fact, Madame President, from 2006 to 2014, over 14,500 of those jobs were created by the industry that responds to this particular tax credit.
And interestingly enough, Madame President, the average salary of those jobs was $70,000, or $67,000. I'm sorry. And 70% of them went to Massachusetts residents. Clearly, Madame President, this is a tax credit that is working as it is currently constructed and for its intended purpose.
Interestingly enough in addition to that, Madame President, companies have been created in the Commonwealth to be able to respond to the demand of this particular industry. More than 50 high-tech post-production and visual effects companies have been created, and they employ over 550 highly skilled workers.
And in order to accommodate those businesses, Madame President, more than two dozen colleges and universities have developed academic programming to support jobs in this industry. And currently, there are 4,000 film and media students that can seek a career path and move forward into the industry as it continues to grow.
Madame President, we already have in this budget a commission to study all these types of tax credits and tax expenditures, as they are called. It is curious that this one is being singled out without the kind of analysis that the others will have. Madame President, we should not act on something that has been so productive and so effective. It is not broken, and we do not, therefore, Madame President, need to fix it. And I move, Madame President, that when a vote is taken in this matter, it be taken by a standing vote.
Thank you. The gentleman moves that the vote be taken by a standing vote. The question comes on adoption of--
[INAUDIBLE]
I was getting there.
[CHUCKLES]
All those in favor of the amendment rise and be counted.
[AUDIO OUT]
The clerk will--
Please be seated.
Please be seated.
Those opposed, please rise.
Those opposed, please rise.
23 in the affirmative. Nine in the negative. 23 in the affirmative. Nine in the negative. The amendment passes. Amendment is adopted.
Amendment #39, offered by the senator from Bristol and Plymouth. And the clerk will call the--
Amendment #39 but Mr. Montigny, promoting safe and appropriate access to prescription medications.
The question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The nos have it, and the amendment is not adopted.
Amendment #40--
Is on hold.
--is on hold. Amendment #41-- the senator from Bristol and Plymouth has filed an amendment, the title of which the clerk will read.
Amendment #41 by Mr. Montigny, protecting consumers through an update to Betty's law.
The question comes on adoption of the amendment.
The senator from Essex and Middlesex.
Oh, I'm sorry. The senator from Essex and Middlesex.
Thank you, Madame President. How refreshing it was to hear from the gentleman from New Bedford earlier in this debate, with his robust comments. Madame President, he whet our appetite for more of the same. And so I'm hoping that we can have an explanation of Amendment #41 as it currently pends before the senate.
The minority leadership be careful what he wishes for. The last time that I took to this microphone, he seemed to imply that I droned on and on. So he's given me another opportunity. I would have been happy to retain my seat, but I am excited to share my thoughts on this.
So it's only coincidental, of course, that it appears that the first two issues that I've had to speak to, I look at it as the Senate-- or a good majority of us in both parties-- acting, in a sense, as the watchdog against some of the unfortunate damage done by special interests in this building.
So if you remember in the budget two years ago, we closed a very-- excuse me, we passed a very important amendment that, surprisingly-- because anybody who's been here longer than a day knows the power of the insurance industry, not just here in Massachusetts but across the country, in terms of passing legislation, challenging important consumer provisions in the court of law-- again, not simply in capital cities, but primarily in Washington. So from time to time, it is, I think, something to celebrate when the Senate, as is usually the case, takes the lead on a pro-consumer issue.
And if you remember what the issue was, we had been hearing-- and I didn't realize at the time just how prevalent it was. I had had some examples in my own district, and also had agents representing consumers calling and talking about what is, in essence, an outrage. And I think when I remind people of the law and then tell you quickly how this closes a loophole, you'll agree.
So a minor accident-- if you are in a minor accident, up to $500 under the law that predates the passage of the underlying law, you will be surcharged three points. And by the way, until 2008, all companies would go through the SDIP, the safe driver insurance plan. And then under deregulation-- I won't get into all the funny business that can be done in terms of redlining and discrimination of the consumer based on geography, based on a bunch of other things.
Very simply, after many, many, many years of holding that threshold at $500 and the insurance industry battling any change, finally the consumer said-- and think about this. If you have been to an auto body shop in the last 10 years, you know that even a scratch on a bumper is going to cost you more than that. Many people now have the-- they're not the old metal bumpers where you could leave the scratch there. You replaced the whole bumper.
Madame President?
Yes?
I'm having difficulty hearing the gentleman.
Thank you. The senator has asked, and she has difficulty hearing. So if you have conversations, please take them outside the rail.
Thank you, Madame President. I appreciate my colleague being so interested in what I had to say, because once again, I was having trouble hearing myself speak. And then you start to lose your train of thought. So this is a great benefit, to have my colleagues stand and defend my rights to speak on behalf of the consumer.
So Madame President, the threshold-- $500-- has now been increased. Current law is now $1,000-- which, if you represent anyone who struggles to pay their bills and struggles to pay their auto insurance, you know that under the old law, it was a real burden, mainly on people that were struggling already to pay their insurance bill.
Major accidents, the threshold used to be anything over $2,000, where you get four points on your driving record surcharges. That's now $5,000. So great news-- and we all celebrated it. It actually was a really good news day when we could beat the insurance industry on behalf of the small business agents-- but really, more than that, on behalf of the consumer who was complaining to those agents.
So the law is signed. The governor even took a picture and sent it to me signing it, because I think he was so strongly in support of it also, Madame President. And then, wouldn't you know-- it's like playing whack-a-mole with the insurance industry-- they'll find a loophole, even if they have to create the loophole on their own. And in fact, their argument in the front page Globe story that said, hey, this is the law. Why aren't you conforming? Was that our law that we passed was ambiguous.
So we expect that they will now celebrate this amendment, because we're taking away any ambiguity and we are saying that every consumer should be treated the same-- that if you are Liberty Mutual-- real stories-- if you are Progressive, if you are All State, if you are Geico-- all of the abusers that have been taking advantage of the consumer and flouting the law, now will have to conform.
So all this does is closed a loophole and updated the law to say one simple thing. The law says a minor accident is anything under $1,000. You will not surcharge the consumer.
So here's what they've been doing. And I'll close with this, because I don't use words like "outrage" lightly. They have been sending out notices for a surcharge to somebody who has a $500 accident, for instance. They're under the state law. We debated this. It's been signed. It's law. They're sending out a surcharge.
If the consumer pays it-- which many do, because they can't take a day off for an appeal, or they can't afford the chance that they'll pay the $50 fee and then be turned down, because most consumers feel they're not going to get a fair shake, frankly, by their government. So guess what happens? In every case, the consumer is winning the appeal. If you ever needed to know that this law is standing and the insurance industry is taking advantage of it, the proof is right there.
A consumer conforming to the law should not have to pay for an appeal, take a day off from work, and then go in and win anyway so the insurance industry can turn its nose up at an existing law. It's incredible. I've seen plenty around here by this industry.
This one caught me by surprise, because I thought once you had a debate in here and you win on the merits, which we did, and then you win in a tough-- a conference is tough on policy matters. It's not an easy thing for Ways and Means chair and conferees. And we won it.
This simply says that's the law, and now it applies to all auto insurers, not just those that choose to use the merit rating board and go through the SDIP plan. Again, many of them go through their own plan under deregulation. Thank you, Madame President. And thank you for the question to the minority leader.
Thank you. The question comes on adoption of the amendment. All those in favor, say aye. Opposed, no.
[INAUDIBLE]
I asked that when a call was taken, it be taken by call of the yeas and nays.
The senator from Bristol asks that when a vote is taken, it be taken by a call of the yeas and nays. Those members joining with him, please rise and be counted.
A sufficient number, Madame.
A sufficient number of members are present, have risen, and the yeas and nays will be ordered. And the clerk will call the role.
Thank you, Madame President.
[AUDIO OUT]
[INAUDIBLE]
Yes.
Yes.
Joseph A. Boncore?
Yes.
Yes. Michael D. Brady?
Yes.
Yes. William N. Brownsberger? [INAUDIBLE]
Harriette L. Chandler? [INAUDIBLE]
Sonya Chang-Diaz?
Yes.
Yes. Cynthia Stone Creem?
Yes.
Yes. Julian Cyr?
Yes.
Yes. Viriato M. DeMacedo?
Yes.
Yes. Sal DiDomenico?
Yes.
Yes. Eileen M. Donahue?
Yes.
Yes. James B. Aldridge?
Yes.
Yes. Ryan. C. Fattman?
Yes.
Yes. Jennifer L. Flanagan?
Yes.
Yes. Linda Dorcena Forry?
Yes.
Yes. Anne M. Gobi?
Yes. Yes. Adam G. Hinds?
Yes.
Yes. Donald F. Humason, Jr.?
Yes.
Yes. Patricia D. Jehlen?
Yes.
Yes. John F. Keenan?
Yes.
Yes. Eric P. Lesser?
Yes.
Yes. Jason M. Lewis.
Yes.
Yes. Barbara A. L'Italien.
Yes.
Yes. Joan B. Lovely.
Yes.
Yes. Thomas M. McGee.
Yes.
Yes. Mark C. Montigny.
Yes.
Yes. Michael O. Moore.
Yes.
Yes. Patrick M. O'Connor.
Yes.
Yes. Kathleen O'Connor Ives.
Yes.
Yes. Mark R. Pacheco.
Yes.
Yes. Michael J. Rodrigues.
Yes.
Yes. Richard J. Ross.
Yes.
Yes. Michael F. Rush.
Yes.
Yes. Karen E. Spilka.
Yes.
Yes. Bruce E. Tarr.
Yes.
Yes. Walter F. Timilty.
Yes.
Yes. And James T. Welch.
Yes.
Yes.
Have all members been recorded?
Senator Chandler?
Harriette L. Chandler.
Yes.
Yes.
Yes, Senator from Belmont-- Suffolk and Middlesex.
William N. Brownsberger votes yes.
All set.
All members--
Yes.
37 in the affirmative, none in the negative. The amendment has been adopted.
Amendment 42 is held. Amendment 43 is held. Amendment 44, the senator from Essex and Middlesex, Mr. Tarr.
Mr. Tarr moves on Amendment 44, Municipal Gas Tax Exemption.
All those in favor vote aye. All opposed. The amendment is not adopted.
The same senator moves item number 45. The clerk will-- the title of which the clerk will call.
Amendment number 45 by Mr. Tarr, Excess Revenue For Local Aid.
The question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The nos have it.
The same senator from Essex and Middlesex moves Amendment number 46, and the clerk will--
Essex and Middlesex moves Amendment number 46, and the clerk will call the title.
Amendment number 46 by Mr. Tarr, Surplus Funds for Local Aid.
The question comes on the adoption of the amendment. All those in favor, say aye. Opposed, no. The nos have it, and the amendment is not adopted.
The senator from Cape & Islands, Senator Cyr, moves item number 47.
Amendment number 47 by Mr. Cyr, Nickerson State Park.
Madam President?
Yes?
[INAUDIBLE]
And that is the senator from Cape & the Islands. The question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The nos have it, and the amendment is not adopted.
Amendment number 48 has been withdrawn. Number Amendment 49 has been withdrawn. Amendment number 51-- the senator from Essex and Middlesex has crowd in amendment, the title of which the clerk will read.
Amendment number 51 by Ms. L'Italien, Tewksbury Fire Department.
The senator from Essex and Middlesex, Ms. L'Italien. This amendment is set up to acknowledge the fact that the town of Tewksbury has a lot of costs that is attributed to their fire department in response to the Tewksbury State Hospital. So this is an amendment that we filed over the last couple of years, and we've been able to recognize and provide some financial relief for the town of Tewksbury. So this is a $90,000 amendment to reimburse the town of Tewksbury for their work with the Tewksbury State Hospital.
Comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The ayes have it.
Amendment number 50 has also been withdrawn. Amendment number 52 is held. Amend-- yes. That's Mr. Tarr. Just a moment to look it up.
Madam President, I move the Senate be in a brief recess.
Brief recess.
Amend 53. The senator from Essex has filed an amendment, the title of which the clerk will read.
Amendment number 53 by Ms. Lovely, Danvers Technology Improvements.
The senator from Essex, Ms. Lovely.
Thank you, Madam President. This amendment provides $50,000 for municipal technology improvements in the town of Danvers.
In February of 2016, the Collins Center for Public Management in UMass Boston completed a high level information technology review for the town, and the report show that funding would be used to implement recommendations, including eliminating redundancies and developing and implementing an IT strategy going forward.
These improvements are wide-ranging and long overdue and would help the town provide government services more efficiently and effectively to its residents. I hope the amendment is adopted. Thank you.
Question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The ayes have it.
Number 54. The senator from Essex and Middlesex has filed an amendment, the title of which the clerk will read.
Amendment number 54 on Mr. Tarr, Essex County Sheriff Registry of Deeds Partnership.
The question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The nos have it.
Amendment number 55.
Senate be in a brief recess.
The Senate's in a brief recess.
Senator from Essex and Middlesex, Mr. Tarr.
Why, thank you, Madam President.
Madam President, I request a unanimous consent of the Senate-- consider having taken no action on a virtuous amendment, number 54.
Is there any opposition then to his request that no action be taken?
And also laid aside temporarily.
It will be laid aside temporarily.
Item number 55. The senator from Essex and Middlesex has filed an amendment, the title of which the clerk will read. Amendment number 55 by Mr. Tarr, Grace Center Day Program.
All those in favor, say aye. Opposed, no. The ayes have it.
The senator from Essex and Middlesex again has filed an amendment, the title of which the clerk will read.
Amendment number 56 by Mr. Tarr--
It's on hold. OK.
Amendment number 57. Again, the senator from Essex and Middlesex has filed an amendment, the title of which the clerk will read. Amendment number 57 by Mr. Tarr, Open Door Youth Program.
The Senator from Essex and Middlesex.
Thank you, Madam President, and through you to the members. Madam President, I move that this amendment be held.
I'll take it. The item number 58 is held. Item number 59 is held. Item number 60 is held. Wow, busy. Item number 61 is held. Item number 62 is held. Item number 63-- the senator from-- [INAUDIBLE].
63.
I don't have-- 63.
65. The senator from Norfolk and Suffolk has filed an amendment, the title of which the clerk will call.
Amendment number 65 by Mr. Rush, West Roxbury Main Streets.
Yes. [INAUDIBLE].
Thank you, Madam President, and through you to the members. Madam President, I'm hoping that we can hear an explanation of this amendment from its sponsor, who is rising and with a huge smile, Madam President.
Yes, the senator from Norfolk and Suffolk, Mr. Rush.
I thank the minority leader, my good friend, for the question, and I relish in the opportunity to explain my amendments to the body this afternoon.
Boston, as we all know, is a city of neighborhoods. But prior to 1995, many of our neighborhood business districts were in disarray, disrepair, and people were not going there to shop, eat, or do their day-to-day business. At the time, in 1995, then-Mayor Tom Menino launched an initiative known as the Boston Main Streets Program with the idea to look at each individual downtown area of our city's many neighborhoods, develop public-private partnerships to revitalize them and bring them down a road to success.
This has happened. The Boston Main Streets Program is a national model. It has been chosen by the Pew Partnership as one of 19 solutions for America.
This amendment specifically looks at the West Roxbury Main Streets Program, which is a nonprofit private-public partnership. It's located in the heart of the business district in the neighborhood of West Roxbury.
Much like all the other Main Streets Programs, the key to success are fourfold. Number one, enhancing the physical appearance of the commercial district. Number two, improving its economic stability. Number three, marketing its features and benefits. And number four, promoting community involvement.
This amendment will help this local Main Streets do all of that by giving it funding to create open space areas for community use, enhance tying the entire neighborhood business district together, for really outstanding success. And I ask that the amendment be adopted. Thank you.
Thank you. The question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The ayes have it. The same senator from Norfolk and Suffolk has filed an amendment, Amendment number 66, the title of which the clerk will read.
Amendment number 66 by Mr. Rush, Mother Brook Arts and Community Center.
The question comes on adoption of the amendment. All those in favor, say aye. Oh, no. I'm sorry. Yes.
The senator from the Cape-- the senator from Plymouth and Barnstable.
Thank you, Madam Chair. And I was hoping that the gentleman from West Roxbury might be able to enlighten us. I've heard of this Mother Brook Arts Center, and I would hope that you might be able to clarify a little bit more detail what exactly we're doing here.
The senator from Norfolk and Suffolk.
I thank the gentleman, my colleague and friend, from Plymouth. In fact, I think you did hear of it, because I think you were there. Back several months ago, this body undertook a second term of listening tours across the state, led by the Senate president and minority leader. And it gave this party an opportunity to see wonderful things across our districts and the entire Commonwealth.
And if you remember, one morning we went to East Dedham, and we viewed what is known as the Mother Brook Arts and Community Center in the town of Dedham. This building, and the dedicated people, run the facility essentially to the cultural and community viability of the town. All who were present on that tour came away impressed and acknowledged that this is a model public-private partnership that should be shared all over the Commonwealth of Massachusetts for the feature and promotion of the arts throughout all of our communities.
This amendment provides $30,000 for the development of an outdoor park for summer programs to enhance that facility. And I hope that the amendment is adopted. Thank you.
The question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The ayes have it.
The same senator from Norfolk and Suffolk has filed an amendment, number 67, the title of which the clerk will read. Amendment number 67 by Mr. Rush, Norwood Regional Facility.
Yes. The senator from Plymouth and Barnstable.
Thank you, Madam Chair. And to the gentleman from West Roxbury, obviously you had some inkling in regards to Mother Brook, but I have no idea what the Norwood Regional Facility is. And so maybe you could enlighten the body on what that is, because we were all impressed with the Mother Brook, but Norwood Regional Facility, we're not so sure about.
Senator from Norfolk and Suffolk, Mr. Rush.
Thank you, Madam President, and through you to the members. And I thank you for the question again.
And of course, if you weren't sure-- another piece of that is the Mother Brook, located in Norfolk County, is the oldest man-made canal in the United States, attaching the [INAUDIBLE] Neponset River to the Charles River, and ultimately led to a real flourishing of mills along that brook.
But I digress. As we all work with our local municipal partners, this is an example of Amendment number 67 and working with the town officials in the town of Norwood. And my local representative from that town-- they are looking to create a regional recreational facility. As part of that, they need to relocate tennis courts to enhance and expand the space. And they came to me and asked if we could help out on this end to help them as they're looking in a private-public partnership to complete the program.
And I told them, as we all do to our municipal officials, I'd be more than happy to lend a hand to create recreational opportunities for folks in that town and the entire surrounding area. And that's what this amendment does. And Madam President, I hope that the amendment is adopted.
The question comes on the adoption of the amendment. All those in favor, say aye. Opposed, no. The ayes have it, and the amendment is adopted.
Number 68. The senator from Worcester, Hampden, Hampshire, and Middlesex, Senator Gobi, has filed an amendment, the title of which the clerk will read.
Amendment number 68 by Ms. Gobi, Brimfield Windmill.
The senator from Plymouth and Barnstable.
Thank you, Madam Chair. And I want to ask the gentlelady from-- where exactly is that from? Worcester-Hampden district.
Now, I happen to be a very big fan of antiquing, and I'm a big fan of the Brimfield Fair. I don't recall ever seeing this Brimfield Windmill. So maybe you might be able to speak a little bit about this and how this is going to enhance the Brimfield experience that so many of us across the Commonwealth go to enjoy three times a year.
The senator from Worcester, Hampden--
Yes. The windmill is from the 1800s. It's actually right on Route 20, so as you are-- if you're going that way, driving into Brimfield on Sturbridge Road. And one little thing on this-- I think it may say in yours for $50,000. It's actually $15,000. This is for-- there's a 501(c)(3) that had been formed to do a complete restoration of the windmill. They're about $15,000, to get them over the top, and they've raised all the rest of the funds themselves.
So the next time you're going to Brimfield during July, hopefully you'll see it in operation by then. Thank you.
Thank you. The question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The ayes have it, and the amendment is adopted.
Amendment number 69. The same senator from Worcester, Hampden, Hampshire, and Middlesex has filed an amendment, the title of which the clerk will read.
Amendment number 69 by Ms. Gobi, Wales Food Pantry Driver.
The senator-- OK. The question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The ayes have it, and the amendment is adopted.
The same senator from Worcester, Hampden, Hampshire, and Middlesex has filed Amendment number 70, the title of which the clerk will read.
Amendment number 70 by Ms. Gobi, Hardwick Pond Invasive Species.
The senator from Plymouth and Barnstable.
Thank you, Madam Chair. And I'd just like to take this opportunity to ask the gentlelady a question in regards to this specific amendment, in regards to Hardwick Pond, and what exactly this particular amendment would be doing.
Thank you. The senator from Worcester, Hampden, Hampshire, and Middlesex, Senator Gobi.
Thank you, Madam President. In this case, this pond is located, actually, fairly close to the Quabbin Reservoir, about two miles away. And again, our group has been working very diligently to try to remove this.
As you know, we have a big problem with invasive species in our lakes and ponds. This $40,000 will help them finish doing what needs to be done for the management. Once they get this done, then this group intends to be up to manage it completely on their own. They needed this kind of infusion to help them to begin with, and then hopefully this will be the last time I need to come back to ask for any money for Hardwick Pond. So thank you.
Thank you very much. The question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The ayes have it, and the amendment is adopted.
The senators-- Amendment number 71. The senator from Norfolk, Bristol, and Middlesex, Senator Ross, has filed an amendment, the title of which the clerk will read.
Amendment number 71 by Mr. Ross, Natick School Overcrowding.
The senator from Norfolk, Bristol, and Middlesex, Mr. Ross.
Just had the wrong one. Sorry.
I rise in support of this amendment, which would provide $200,000 to the town of Natick to assist in overcrowding at the Natick public schools. It's important that our students receive high-quality education. They have many projects that they're working on there, and it's difficult for teachers to divide their time with too many students in the classroom. So this will help them get the number of students down in their particular classrooms and to assist the students in learning more during the course of their learning day. Thank you.
Comes into adoption of the amendment. All those in favor, say aye. Opposed, no. The nays have it, and the amendment is not adopted.
Amendment number 72 is on hold. Amendment number 73. The senator from Plymouth and Bristol, Mr. Brady, has filed an amendment, the title of which the clerk will read.
Amendment number 73 by Mr. Brady, Public School Reimbursement.
[INAUDIBLE]
Mr. Brady.
Thank you, Madam President. Let me just ask to make a brief comment on this. And I ask for unanimous consent. Thank you.
This amendment I filed is due to the unforeseen cutbacks in school funding across the Commonwealth for a lot of less fortunate districts that don't have the revenue that other parts of the Commonwealth has. And I know that the Senate president in this body has put more money into the budget than was in the House side, or the governor may have proposed. And I thank the leadership and the House Ways and Means chairperson to help communities such as Brockton. Upper Brockton has still been devastated by the foundation for them that this governor has proposed in change in the way they fund school districts, especially less fortunate school districts. So I file this amendment in hopes that we can get some more money into the budget.
It provides aid to Chapter 70 money-- no less than the previous year. It provides additional aid to districts with rising costs, and without additional aid, increased resources would lag behind the increase in the cost. And as was noted in the media, a community such as the city of Brockton-- I know there's other communities similar to Brockton that has shut out many, many pink slips. And without the support of the state, our school systems would not survive. So I thank the leadership and this body that put additional money into the budget for our school districts, but I'm just asking if there's any possibility to find some more revenue to go back to our school districts. Thank you.
Comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The nos have it, and the amendment is not adopted.
Amendment number 74. The senator from Worcester, Mr. Moore, has filed an amendment, the title of which the clerk will read.
Offered by Mr. Moore, Municipal Modernization Updates.
The senator from Plymouth and Barnstable.
The district might be able to give us an explanation about these municipal modernization updates that you are advocating for.
The senator from Worcester, Mr. Moore.
Thank you. Thank you, Madam President. This amendment would make some minor changes to the Municipal Modernization Act related to the revolving funds used in the city and town's overlay accounts. The first section allows the overlay accounts to be used for interest payments in any fiscal year. The second section provides a temporary one-year reprieve from the requirement that revolving funds be established by bylaw or ordinance.
I understand that there has been quite a bit of unhappiness in our cities and towns with this requirement that it has to go to on bylaws. So they would like to see it adjusted till they can have either option. I ask for your support in the passage of this amendment. Thank you.
The question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The ayes have it, and the amendment is adopted.
Amendment number 75 is on hold. Amendment number 76. The senator from Norfolk, Bristol, and Middlesex, Mr. Ross, has filed an amendment, the title of which the clerk will read.
Amendment number 76 by Mr. Ross, Norfolk Police Carport.
The question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The nos have it. The amendment is not adopted.
Amendment number 77 has been withdrawn. Amendment number 78. The same senator from Norfolk, Bristol, and Middlesex has filed an amendment, the title of which the clerk will read.
Amendment number 78 by Mr. Ross, Traffic Improvements in Norfolk Intersection.
The question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The nos have it, and the amendment is not adopted.
Amendment number 79. The senator from Plymouth and Bristol, Mr. Pacheco, has filed an amendment, the title of which the clerk will read.
Amendment number 79 by Mr. Pacheco, Carver Council on Aging.
Question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The ayes have it, and the amendment is adopted.
Amendment number 78. The same senator from Plymouth-- 80. I'm sorry.
Amendment number 80. The same senator from Plymouth and Bristol has filed an amendment, the title of which the clerk will read.
Amendment number 80 by Mr. Pacheco, Wareham Veterans Council Moving Wall.
The question comes on the adoption of the amendment. All those in favor, say aye. Opposed, nay. The ayes have it, and the amendment is adopted.
Amendment number 81. Again, the same senator has filed an amendment, the title of which the clerk will read. Amendment number 81 by Mr. Pacheco, Taunton Education and Training Collaborative.
Senator from 1st Essex and Middlesex.
Well, well, well, Madam President. The gentleman from Taunton is certainly on a roll here this afternoon. But Madam President, I'm hoping that he can explain to us the pending amendment, which is for the Taunton Education and Training Collaborative.
The senator from Plymouth and Norfolk-- from Bristol.
Thank you very much, Madam President. Let me just begin by thanking our Senate president and the Chair of Ways and Means and the Ways and Means staff, all those leaders on the Ways and Means Committee, for putting together this budget.
And it is a very difficult budget this year. But we see in this budget to try to deal with a lot of issues, at the local level in particular, that have been pending for some time.
Back when we did the significant bill relative to biotechnologies here in the Commonwealth of Massachusetts, as part of that legislation, we had set into state statute an education and training center in the city of Taunton at the Miles Standish Park. And many of you that went on the Commonwealth Conversations Tour visited the Miles Standish Park and saw the new facility that Martignetti Corporation is housing there. As you can remember from that tour, there was a lot of logistics technology that was set aside as part of that corporation.
Right now, at the park, we have over 8,000 private sector jobs that have been created at the Miles Standish Park. A significant number of companies, cutting-edge technologies, that are starting to hum within the park. And what we created here was an education collaborative within the southeast region, working with the existing public and private higher education institutions throughout southeastern Massachusetts, to locate this education and training center right in the heart of where there's education and training that is needed to upgrade skills and technology in the Miles Standish Park.
And so this amendment-- there's already been a study done on it, that it is something that ought to go forward. We have over $5 million set aside in capital authorization that has been approved and authorized but has not been released, unfortunately, by the executive branch yet.
The $250,000 that's in this line item will allow for the operational money and an implementation study to be done, so we can get the management study done, so the administration can see exactly how the management will be implemented. And we already have a board that has been appointed already, so we have the center in place from a virtual perspective.
But to actually have this center come from the ground and build up, so that we can actually work to help educate and train the existing workforce, we need these funds to get to the next level of implementation. So that's what this bill does, this amendment does.
Adoption of the amendment. All those in favor, say aye. Opposed, no. The ayes have it, and the amendment is adopted.
Amendment number 82. The senator from Plymouth and Norfolk, Mr. O'Connor, has filed an amendment, to the title of which the clerk will read.
Amendment number 82 by Mr. O'Connor, Hingham Sidewalk Plow.
The senator from Plymouth and Norfolk, Mr. O'Connor.
Madam President, thank you for the opportunity [INAUDIBLE] a local earmark for $40,000 for a sidewalk plow in the community of Hingham. The two sidewalk plows that the town of Hingham currently have right now are 17 years old and 19 years old. I think that, in reading through the amendments over the past week, that a lot of our local communities are facing the same issue. With the rising costs of health insurance, as well as pension liability schedule and the looking down the barrel of the gun at OPEB, that a lot of our communities can't afford some of these essential items that are incredibly important to the quality of life of our residents and our constituents. And I would really hope for favorable action on this specific one so that we can replace one of the two sidewalk plows that are nearly 20 years old in the town of Hingham. Thank you, Madam President.
The senator from Plymouth.
Thank you, Madam President. I'm hoping if the gentleman-- if they were able to do conductive concrete, would they need these plows? And so I was hoping you might be able to answer that.
The question comes on the adoption of the amendment. All those in favor, say aye. Opposed, no. The ayes have it, and the amendment is adopted.
Amendment number 83 the senator from Plymouth and Bristol, Senator Pacheco, has filed an amendment, the title of which the clerk will read.
Amendment number 83 by Mr. Pacheco, Taunton Opioid Tax Force Community Follow-Up Pilot Program.
Yes. The senator from 1st Essex and Middlesex, Mr. Tarr. Well, thank you, Madam President. The roll continues here for the gentleman from Taunton.
This amendment has to do with a very important subject, and that is opiates and confronting the opiate epidemic. And this amendment appears to focus specifically on Taunton, or at least the region around Taunton, and I'm hoping we can get an explanation of it from its very prolific sponsor.
Senator from Plymouth and Bristol, Mr. Pacheco.
Thank you very much, Madam President. As the line-item explanation in the text shows, this is for outreach and education for the Taunton opioid task force community. They're working on a pilot program in the region.
As you know, Taunton was very hard-hit early on with the opioid crisis, what's happening with fentanyl, what's happening with this new drug called "pink" that's out there. The number of suicides that we've had has been truly tragic. So the task force has been doing some great work in education and outreach, not only in Taunton itself but in the Taunton region. So I think this is $50,000 well spent at the local level to hopefully prevent future problems and overdoses that take lives.
Thank you. The question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The ayes have it, and the amendment is adopted.
Amendment number 84. The senator from Worcester, Hampden, Hampshire, and Middlesex has filed an amendment, the title of which the clerk will read.
Amendment number 84 by Ms. Gobi, Dismas House.
The question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The nos have it, and the amendment is not adopted.
Amendment number 85. The senator from 1st Essex and Middlesex has filed an amendment, the title of which the clerk will read.
Amendment number 85 by Mr. Tarr, Dyslexia Screening Procedures.
Yes. The senator from 1st Essex, Mr. Tarr.
Thank you, Madam President, and through you to the members. Madam President, one of the things that we've learned over the last number of years is how important it is to have effective screening and intervention early on in a student's career to be able to address issues that might arise and issues that may become more complex, more intense, and more difficult to address as that student gets older.
This amendment, Madam President, is very simple, in that it requires the Department of Elementary and Secondary Education to develop and issue guidelines so that school districts can identify students that may have dyslexia or other neurological issues or learning disabilities so that they can be addressed early on with effective interventions.
So Madam President, there's already been a lot of discussion in this budget debate about trying to make investments and to try to do things now that will save money in the future. This amendment not only does that by ensuring that we can address neurological learning issues earlier on and in a more cost-effective way, but it also makes sure that students are getting the interventions that they need so that their quality of life and that their learning potential is maximized.
So Madam President, this amendment would be a very hard one to disagree with. I suspect no one will. But I hope, Madam President, that the amendment is adopted.
On the amendment, all those in favor, say aye. Opposed, no-- oh, I'm sorry. I apologize. The senator from 2nd Middlesex, Senator Jehlen.
[INAUDIBLE] Madam President. I didn't hear you recognize me.
She recognized you.
OK, thank you. I couldn't even hear myself being recognized. Thank you.
Madam President, I hope the amendment is not adopted. This amendment does address an issue of identifying children as early as possible who may have dyslexia. There is a bill before the education committee, but it is also now being considered by the early literacy expert panel which it references in adding a member to that.
That panel is expected to be issuing a report in the next few months. And so I ask that we allow them to do their work and allow the education committee to do its work and not adopt this particular amendment in the middle of the budget process. Thank you, Madam President.
The question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The nos have it, and the amendment is not adopted.
Amendment number 86. The same senator from Essex and Middlesex has filed an amendment, the title of which the clerk will read.
Amendment--
Oh, wait, it's on hold. It's on hold.
Item number 87. Senator from Essex and Middlesex, Senator Tarr, has filed an amendment, the title of which the clerk will read.
Amendment number 87 by Mr. Tarr, $40 Minimum Per-Pupil Aid.
The senator from Essex and Middlesex, Mr. Tarr. Madam President, and through you to the members. Madam President, I move that the amendment be temporarily held.
Senator moves that the item be temporarily held.
Item number 88. The same senator from Essex and Middlesex has filed an amendment, the title of which the clerk will read.
Amendment number 88 by Mr. Tarr, $50 Minimum Aid Per-Pupil.
The question comes on adoption of the amendment. All those in favor, say aye. Opposed, no. The nos have it, and the amendment is not adopted.
The same senator, on a roll, has filed-- Amendment number 89. Senator from Essex and Middlesex, Mr. Tarr, has filed an amendment, the title of which the clerk will read.
Amendment number 89 by Mr. Tarr, Unfunded Education Mandates.
Yes, so senator from Essex and Middlesex, Mr. Tarr.
Thank you, Madam President. Madam President, one of the things that I know we all hear whenever we go to meet with school committees or school officials or educators is about the terrible drain that unfunded mandates have on their ability to be able to have the resources to perform the critical functions that they need to perform in educating our students.
And so Madam President, lots of times all of us will have those conversations, and we'll say, well, give us a list. What are the unfunded mandates? What are the specific problems? And sometimes it's difficult to assimilate one of those lists.
So rather than put all of those things into a single amendment, Madam President, the specific amendment, or the pending amendment, requires the Department of Elementary and Secondary Education to be able to hear appeals about specific mandates-- and if they are found to be not productive, or not necessary, to be able to give a waiver so that those mandates don't need to be complied with. But if and only if the department also determines that the quality of education will not be lower.
So Madam President, if you want us to move forward and to say that we should have a process-- just a process-- so that unfunded mandates can be considered and relief can be at least hoped for-- then this is an amendment that you should support.
And Madam President, I can already see that it's generating interest and excitement in the chamber this afternoon. And I welcome that interest and excitement, because Madam President, this is an area that we often talk about and we seldom act on. This is an opportunity to take important action, and I hope that the amendment is adopted.
Senator O'Connor Ives. Thank you.
Thank you, Madam President, and through you to the members. I want to also seize this opportunity and vocalize my support for this amendment that specifically looks at unfunded mandates in the area of education. Because we know, through speaking to our educators and administrators, that it's the children that ultimately suffer when our professionals in the education sector are forced to push paper and do reporting that have very little to do with educating our young people.
So I think this is a common-sense amendment. It asks only for those unfunded mandates to be considered that would not impact education. And I think the Senate should go on the record as saying we hear our local officials and their desire to have quality public education, but they can't do it in the face of these unfunded mandates.
Thank you, Madam President.
Very much. Senator from Worcester, Hampden, Hampshire, and Middlesex. Senator?
Thank you, Madam President.
I also want to add my voice in support of this amendment. As the Senate chair for the Regional Schools Caucus, in meeting with our superintendents, this is pretty much one of their number-one-- or in the top five, I will say-- for them, issues for them. We hear it over and over and over again. And a lot of times, the legislature takes blame for these unfunded mandates, when in fact it is [INAUDIBLE]. And all this is asking is to say, hold back a little bit. Not that you can't put them in, but maybe take a step back, and at least to give our schools a little bit of breathing room, especially during these very difficult economic times. So I'm in full support of the amendment.
Thank you. The senator from Norfolk, Bristol, and Middlesex district, Senator Ross.
Thank you very kindly, Madam President. I too hear from all of my communities about what unfunded mandates are doing to their budgets. And many of them have asked me to be a strong voice for them, and I'm hoping to be able to do that by encouraging us to bring this up repeatedly in this debate until we solve the Chapter 70 problem.
We need to make this a priority. I hope we can address these issues in the budget debate as we go forward. We need an open mind, and we need to not be afraid to take on these challenges now. These are things that we need to correct. Thank you.
Yes. Senator from 1st Essex and Middlesex, Mr. Tarr.
I think you can see-- I think we can see from the flavor of the discussion here that this is a common issue. And it's one that begs some relief and a mechanism for relief. And again, I would point out that this is not an amendment that outright repeals a number of mandates. It gives the Department of Elementary and Secondary Education the opportunity to consider them and to weigh them, and if they are found on a case by case basis to not be effective and to compromise the quality of education in a particular community or a particular school district, gives them the opportunity to offer a waiver.
Madam President?
Yes.
Madam President, I'm having difficulty hearing the gentleman from Gloucester.
Yes, the senator from Plymouth and Norfolk is having difficulty hearing. So if everybody could take their speeches outside, that would be great. Yes, please, Senator Tarr from Essex and Middlesex.
Thank you, Madam President. It's seldom that the complaint is received that I can't be heard.
But I do appreciate the gentlelady for calling the Senate's attention to this, because this is a critical matter. It is one that is of a recurring nature. And it is one that begs a form of solution. And this is a way to address it.
Now, Madam President, I know in the past there have been a number of studies and a number of ways to look at this. But they have not been conclusive, and they have not delivered the kind of results that our school districts could hope for.
And so Madam President, I would hope that we would all be unanimous in our support of this particular amendment, because we all recognize the problem. We all want to do something about it. And as a result of that, in order to also be able to express our support, I move that when a vote is taken on this matter, it be taken by a call of the yeas and nays.
The senator from Middlesex-- senator from Essex and Middlesex has asked that when a vote is taken, it be taken by call of the yeas and nos. Those members joining with him, rise and be counted.
Thank you. The Senate will be in a brief recess.