SENATE SESSION - WEDNESDAY, FEB. 13, 2008

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CONVENES: The Senate convened at 1:55 pm, Sen. Stephen Brewer presiding, then immediately recessed.

RETURNS: The Senate returned at 2:31 pm, Senate President Therese Murray presiding. Members and staff recited the Pledge of Allegiance. Few staffers were in the chamber at that point.

SEN. BERRY COMMUNICATION: Sen. Berry filed a communication saying that while recuperating he missed roll calls on Feb. 12. The Senate agreed to print the communication in its journal.

SICK LEAVE BANK: The Senate adopted an emergency preamble by a standing vote to a bill establishing a sick leave bank for Suzanne L. Soucie, an employee of the Trial Court of the Commonwealth.

IPSWICH DEBT: The Senate engrossed S 2445 relative to incurring indebtedness in the town of Ipswich.

COHASSET WATER: The Senate ordered to third reading and engrossed h 4014 authorizing the town of Cohasset to provide water services to entities outside Cohasset.

PHOSPHOROUS: Question came on a House amendment to H 4523 regulating the distribution and sale of cleansing products containing phosphorous. Sen. Tisei asked for an explanation at the appropriate time. It would probably be a good idea for the membership to know what this bill contains.

The clerk read the House amendment.

Sen. Resor said, This is to remove phosphorus from dishwashing detergents. It is basically rearranged by the House, with not any major changes. We are in agreement. I would ask you to support this bill and move it ahead to the governor's desk.

The Senate concurred with the House amendment.

HIDDEN WOUNDS OF WAR: Question came on ordering to third reading H 4526 providing for an investigation and study by a special commission relative to the hidden wounds of war on Massachusetts service members. Sen. Tisei said, This would set up a veterans mental health commission. I'd ask the senator from Barre to explain this commission.

Sen. Brewer said, As all wars are different, the reaction to wars are different. This particular war has caused an enormous amount of psychological trauma, in Baghdad in particular, and the recurrence of tours and hitches in particular. Back when I was a young man, you did your 13 months in Vietnam. These young men and women are going back for three and four. The committee heard wrenching testimony, particularly from Debbie DiMasi, the speaker's wife, whose brother took his own life. Some 17 percent of our returning veterans have a level of trauma. There is a stigma, so they're silent, and the more silent they are, the worse it gets. We need to do better for our veterans. I believe this commission is a step in the right direction.

Sen. Brown said, I want to commend the gentleman and the committee. We have met with the lieutenant governor and he's doing a very good job of dealing with veterans' issues. I've been in the military for 28 years, still serve proudly, and this is the number-one issue we deal with in demobilizing issues, the mental health issues. The men and women coming back are traumatized to a point where they're not quite functioning at 100 percent, affecting them not only at their home life but at their work life. You have officers and others who have been first in line, type A personalities, and they've kind of stepped back. This is very much needed. Last night I had the pleasure of speaking to a veterans group in North Attleboro, and many of their questions were about what we can do. I hope that this matter also passes wholeheartedly.

The Senate ordered the bill to third reading.

NEEDHAM LAND: The Senate adopted the governor's amendment H 4408 to H 4367 authorizing the Division of Capital Asset Management and Maintenance to exchange certain land in the town of Needham.

NORTHEAST SOLID WASTE COMMITTEE: The Senate enacted S 549 abolishing the Northeast Solid Waste Committee.

BANK FEES: The Senate enacted H 975 relative to exempting seniors from certain bank fees.

PHENYLKETONURIA AWARENESS DAY: The Senate enacted H 3174 to designate May 24 as Phenylketonuria Awareness Day, in recognition of the genetic disorder characterized by an inability of the body to utilize the essential amino acid, phenylalanine.

BREWSTER: The Senate enacted H 3955 that the town of Brewster be authorized to incur certain debt in anticipation of water betterment assessments.

WELLFLEET: The Senate enacted H 4036 that the town of Wellfleet be authorized to issue bonds for the cost of reconstructing a seawall in the harbor of said town.

FALL RIVER FIREFIGHTERS: The Senate enacted H 4089 relative to the appointment of certain persons to the position of fire fighter in the city of Fall River.

NORMAN ROCKWELL: The Senate enacted H 4228 to designate Norman Rockwell as the official artist of the Commonwealth.

HARWICH: The Senate enacted H 4255 that the town of Harwich be authorized to acquire certain property of the Pine Grove Cemetery Association of said town.

MAYOR OF BRAINTREE SALARY: The Senate enacted H 4398 relative to the initial salary for the mayor of Braintree.

WORCESTER: The Senate enacted H 4497 exempting certain positions in the city of Worcester from the civil service law.

UNEMPLOYMENT INSURANCE: Question came on H 4528 relative to unemployment insurance rates.

Sen. Tisei said, Regarding the freeze, I want to thank you, I want to thank the chairman of the Ways and Means Committee, and the speaker for bringing this up. I can't think of anything worse than having $153 million tax in the form of these bills going out in the mail, given the state of the economy. We're really either teetering on the verge of a recession or in a recession. The effect would be like throwing ice water in the economy. I do appreciate that you took this bill that the minority party actually filed. Clearly, the result of this would be just to further harm the economy, and make Massachusetts less attractive. It would undermine the business community's efforts to compete with their competitors in other states. Businesses have really put in a lot over the years. Border states have low rates, putting our companies at a competitive disadvantage. If you look at what businesses have to do right now, when you start adding on things that they have to deal with, like the fourth-highest corporate tax rate. We have some of the highest energy costs in the country, just the health care cost alone is going to increase the tax burden by $175 million. When you consider all these high costs, it's no wonder that businesses in this state are closing their doors, making the decision to expand in other parts of the country rather than in Massachusetts.

Sen. Tisei said, We're not talking about reducing benefits, or to reform the current system today. We're still going to have one of the most expensive unemployment insurance systems in the nation. We do have to have a discussion about how to bring costs down. Staring in the face of a massive tax increase in the unemployment system, we should really be looking at that in the future. I know that there was a major reform done years and years ago. I don't understand why we're using the same rate-setting mechanism. It really doesn't understand what's going on on the ground. I do hope the membership will support this rate freeze.

Sen. Panagiotakos said, A few months removed, we're continuing to look at an economy that's sluggish at best. We are in some cases worse off than the national average. It's incumbent on us as state government to do everything we can to make the state as attractive as we can for economies to flourish. The rate freeze would give big corporations to small mom and pop operations, everyone who runs a business in Massachusetts will get a benefit from this rate freeze. It's trust fund money that costs us absolutely nothing. If we get into a serious recession and a period of increased unemployment, then certainly this trust fund will be drawn down. But businesses know that they will have to make up the difference if the trust fund does not have enough money to meet all the claims that are being filed. But given the situation we have currently where we want to create an environment where we are competitive. We do pretty well in a lot of the criteria, but the one where we do absolutely the worst is the UI trust fund. The fund as of 2/12 had a balance of $1.13 billion, a solid number there for the claims that we are forecasting absent some quick, terrible downturn.

Sen. Knapik said, I do appreciate your leadership on this issue of critical concern. I know anecdotally that folks felt this was a difficult vote and perhaps not a well-timed vote, but I've got to be honest with you, I think that this was one of the easiest votes we've taken this year. It's the recognition that business in Massachusetts is hurting. I have often spoken of late that what we do in here has consequences for business. This will allow employers to keep $150 million that otherwise would have to be transferred to the trust fund. The health care costs, the toxics use reduction bill, clearly will have costs for businesses. The treble damages bill that we discussed yesterday, all will have consequences for businesses. If we can in a modest way take an affirmative stance in favor of them. This was a Republican initiative from early last year, knowing that at this time bills would be going out for the March increase. Hasbro Games, they make games, is going to be laying off 200 workers. Buxton Company, they make wallets in Chicopee, they're going to shave more than 50 employees. A printing company in Holyoke, 55 jobs. Talbots shuttering 10 stores in the Commonwealth. To think that there's any difficulty to this vote is beyond me. I want to credit the State House News Service for a couple articles from yesterday, one of them about municipal officials. Here's another article from the State House News Service. Turnover, low wages and human service workers. This will save the human service providers money. The hope is they add another employee, adjust wages upward, offset premiums for health insurance, simply stay in business. This whole Marxist vision of the economy and jobs and employers has got to stop. On the mandate side of things, we're pretty good. On the relief side of things, we have to take measures like this. Without employers, there would be no employees. We have a great opportunity today to help the employer community. I'm just delighted that it seems we're all going to rally around it and embrace it.

Sen. Tolman said, There's a chart going around and the reason the chart is available is because the table is designed to make sure it's stable. We had $2.3 billion in the fund a few years ago and in two years when we had a downturn, we had to borrow money from the federal government, and pay interest. I applaud our effort to be supportive of businesses. The fear I do have is that if we have over a billion in there and it was depleted, we have to ask ourselves where do we go from there? If we have the downturn, I don't want to hear the argument now we're going to cut benefits. I hope that our colleagues are supportive that we get the funds in there and not try to cut the benefits which are most generous in this state. So I support this. I support freezing it at D. Now we are rebuilding the fund, and I don't want to be going down this path all the time. I don't want to lay the platform for an argument to cut benefits. It is with that spirit that I remind my colleagues that if we do hit a downturn we have a responsibility to take care of the employees. I'm proud of those benefits we offer the people that are unemployed.

Sen. Hart said, I want to express many of the similar sentiments of my good friend. I would echo the concerns that as we move forward as we freeze the rate, which I support today, that we keep these benefits. We are still in a very difficult economic climate. We all understand that. Some understand that we are on the verge of a recession, if not in the midst of one. The business community has had difficulty in trying to be sustained here. We have done an extraordinary job with economic stimulus packages, through the upcoming life sciences bill, to try to create an environment that's competitive. This counters the corporate tax loophole closing and a lot of concerns the business community has outside the biotech community that we do not appreciate them.

The Senate ordered the bill to third reading then engrossed it.

PETITION REFERRALS: The Senate referred several petitions to different committees.

SICK LEAVE BANK: The Senate enacted H 4505 to establish a sick leave bank for Suzanne L. Soucie, an employee of the Trial Court of the Commonwealth.

HARWICH PROPERTY: Question came on enacting H 4257 authorizing Harwich to acquire certain real property. Under the constitution, a roll call was required.

BY A ROLL CALL VOTE OF 37-0, H 4257 ENACTED.

EMPLOYEE COMPENSATION: The Senate non-concurred with a House amendment to S 1059 relative to employee compensation.

RECESS: The chair said, As we await a document from the House, there will be an informal session tomorrow at 11. As I understand, the weather in central Massachusetts is greatly changing. The Senate recessed at 3:23 pm, subject to the call of the chair.

RETURNS: The Senate returned at 3:44 pm, Senate President Murray presiding.

UNEMPLOYMENT INSURANCE: The Senate adopted an emergency preamble to the UI bill by a standing vote of 3-0.

RECESSES: The Senate recessed at 3:46 pm, subject to the call of the chair.

RETURNS: The Senate returned at 3:53 pm, Sen. Murray presiding.

NEEDHAM: The Senate, by a standing vote of 2-0, attached an emergency preamble to H 4367 authorizing the Division of Capital Asset Management and Maintenance to exchange certain land in the town of Needham.

UI RATES: The Senate enacted H 4528 relative to unemployment insurance rates.

ADJOURNS: The Senate adjourned at 3:54 pm to meet next at 11 am Thursday in an informal session.

DISCLAIMER: Bill texts and histories are available at www.state.ma.us/legis/legis.htm. All votes are voice votes, unless otherwise noted. Bills ordered to third reading have been given initial approval. To engross a bill is to pass it and send it to the other branch. The last of three votes taken on bills that reach the governor's desk is the vote on enactment. So, it's third reading (initial approval), engrossment (passage) and enactment. The News Service coverage of legislative debate is an accurate summary of remarks, not a verbatim transcript.


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