The hour at which the Senate adjourned having arrived,
the Senate will come to order.
The chair will ask all members, guests, and staff
to rise to recite the Pledge of Allegiance of the flag.
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.
The Senate will be in a brief recess.
The Senate will come to order.
One member comes before the Senate for its final passage,
and under constitution, requires a standing
vote because it contains an emergency preamble.
An act establishing a sick leave bank
for Mary Goddard, an employee of the Department of Corrections.
Those voting for the emergency preamble, please rise.
Please be seated.
Those opposed, please rise.
Two members voting in the affirmative,
none in the negative.
The emergency preamble prevails.
The Senate will be in a brief recess.
The Senate will be in recess subject
to the call of the chair.
--on one matter comes before the Senate for its final passage,
and under the Constitution, requires a call of the yeas
and nays.
An act establishing a garden of peace trust fund Senate number
2372.
The clerk will call the roll.
Michael J Barrett.
Joseph A. Boncore.
Michael D Brady.
William N Brownsberger.
Sonia Chang-Diaz.
Cynthia Stone Creem.
Brendan P Crighton.
Julian Cyr.
Viriato M de Macedo.
Sal N. DiDomenico.
James B Eldridge.
Ryan C Fattman.
Paul R Feeney.
Yes.
Cindy F Friedman, yes.
Anne M Gobi.
Yes.
Adam G Hinds, yes.
Donald F Humason, Jr.
Yes.
Patricia D Jehlen.
John F Keenan.
Yes.
Eric P Lesser.
Yes.
Jason M Lewis.
Barbara a L'Italien.
Joan B Lovely.
Mark C Montigny.
Michael O Moore.
Yes.
Patrick M O'Connor.
Kathleen O'Connor Ives.
Yes.
Marc R Pacheco.
Yes.
Michael J Rodrigues.
Yes.
Stanley C Rosenberg.
Yes.
Richard J Ross.
Michael F Rush.
Karen E Spilka.
Bruce E Tarr.
Walter F Timilty.
Dean A Tran.
Yes.
James T Welch.
Harriette L Chandler.
Yes.
The Senator from the Cape and islands, Senator Julian Cyr.
Julian's Cyr votes yes.
The senator from 3rd Essex, Mr. Crighton.
[INAUDIBLE]
We have not.
[INAUDIBLE]
Brendan P Crighton votes yes.
The senator from Worcester and Norfolk, Mr. Fattmann.
I'm sorry.
Ryan C Fattmann votes yes.
Tran?
The senator from 1st Middlesex and Norfolk, Ms. Creem.
Creem.
Senator Creem.
[INAUDIBLE]
Cynthia Stone Creem.
Yes.
The senator from 2nd Middlesex and Norfolk, Ms. Spilka.
Karen E Spilka, yes.
The senator from Middlesex and Suffolk, Mr. DiDomenico.
Sal N DiDomenico votes yes.
The senator from 2nd Essex, Ms. Lovely.
Joan B Lovely.
Yes.
Senator from 3rd Middlesex, Mr. Barrett.
[INAUDIBLE]
Michael J Barrett votes yes.
The senator from Hampden, Mr. Welch.
James T Welch votes yes.
The senator from Norfolk, Bristol, and Plymouth,
Mr. Timilty.
Walter F Timilty votes yes.
The senator from 2nd Suffolk, Ms. Chang-Diaz.
Sonia Chang-Diaz votes yes.
The senator from Plymouth and Norfolk, Mr. O'Connor.
Patrick M O'Connor votes yes.
The senator from 2nd Suffolk and Middlesex, Mr. Brownsberger.
William N Brownsberger votes yes.
The senator from 2nd Bristol and Plymouth, Mr. Montigny.
Mark C Montigny votes yes.
The senator from the 5th Middlesex, Mr. Lewis.
Jason M Lewis votes yes.
The senator from Plymouth and Bristol, Mr. deMacedo.
Viriato M deMacedo votes yes.
The senator from Norfolk, Bristol, and Middlesex
district, Mr. Ross.
Richard J Ross votes yes.
Mrs. Friedman.
What about Friedman?
[INAUDIBLE]
The senator from Middlesex and Worcester, Mr. Eldridge.
James B Eldridge.
Yes.
The senator from Worcester and Middlesex--
excuse me.
The senator from 1st Essex and Middlesex, Mr. Tarr.
[INAUDIBLE]
Bruce E Tarr.
Yes.
So Boncore, Jehlen, and L'Italien?
Yes.
She was here earlier.
[INAUDIBLE]
The senator from first Suffolk and Middlesex, Mr. Boncore.
[INAUDIBLE]
Joseph A Boncore votes yes.
They're on the elevator.
Jehlen is on her way down.
Just that [INAUDIBLE], right?
Yeah.
[INAUDIBLE]
[AUDIO OUT]
The senator from 2nd Essex and Middlesex, Mz.
L'Italien.
[INAUDIBLE]
Barbara A L'Italien votes yes.
[INAUDIBLE]
[INAUDIBLE] Senate 357, the court officer
will cast a vote for Senator Jehlen.
Patricia D. Jehlen.
Yes.
Have all members been recorded?
[GAVEL STRIKES BENCH]
On this matter, 36 in the affirmative,
none in the negative.
The vote has been affirmed, and the matter
will be signed by the president and laid before the governor
for his approbation.
[GAVEL STRIKES BENCH]
Brief recess.
What's up?
[INAUDIBLE]
I heard you.
The Senate will come to order.
I would like to invite the distinguished senator
from Bristol and Norfolk, Mr. Feeney,
to come to the podium to make a special announcement.
Thank you, Madam President.
Through you to this illustrious and upper body,
I'd like to ask your indulgence as I introduce
some very special guests that we have with us in our Senate
chamber this afternoon.
I rise to recognize the Mansfield High School boys
basketball team for their first ever division I state
championship victory over their league rival, Franklin High
School.
Sorry Senator Spilka and Senator Ross.
The Mansfield Hornets have been in the championship
before, falling just short of their goal of winning it all,
but due to the leadership and 14 years of coaching experience,
Mike Vaughan got this team dialed in for their final game,
as they were all season long.
This incredible victory put an exclamation point
on a very impressive season that ended
with a 20-game winning streak.
The game started off as a back and forth.
Franklin took a 22-16 lead in the second quarter,
but the Hornets as always stormed back,
with senior Sam Highland who finished
the game with 17 points and five assists hit a trey,
and provided two three-point buckets during a personal 9
and 0 run.
The Hornets, even with Franklin coming
flying back towards the end of the game,
showed no fear or panic, Madam President.
Senior John McCoy scored 18 points with 10
rebounds, and was absolute money on the free throw line,
draining his last 13 attempts to help seal a championship
victory.
The Hornets joined myself and their representatives
today to get their photo with the governor, who
claims he is also a pretty good basketball player,
and to be recognized in the House Chamber
by their state representatives.
But I want to make sure that they came to the Senate
to receive the recognition that they deserve
from you, Madam President, and from all of our colleagues
here in the Senate.
So I am thrilled and happy to have them here.
They have been very patient awaiting
the gavel of this session.
But I'm glad that they are with us today.
I'm glad that we could recognize them,
and I ask all my colleagues to join me
in wishing the team's seven seniors luck in their future,
and to give a warm welcome and congratulations.
[APPLAUSE]
Senator Feeney, you have a good opportunity
to perhaps provide color in a basketball game.
You're good at this.
Congratulations, Mansfield High School basketball.
The senator from Plymouth and Bristol, Mr. Pacheco,
has presented resolutions which the clerk will read.
I, Mr. Pacheco, resolutions congratulating
the Middleborough High School football team on their victory
in the division VI state championship.
Adoption of the resolutions.
All those in favor, say aye, opposed, no.
The ayes have it, and the resolutions are adopted.
The senator from Middlesex, Ms. Donoghue,
has filed a communication which the clerk will read.
Dear Mr. Clerk, I am writing to inform you of my resignation
as the state senator from 1st Middlesex district effective as
of 9:00 AM on April 11, 2018.
It has been an honor to serve and represent
my constituency as an elected official of the Senate.
I thank you in advance for your assistance
in placing this letter on file with the Senate,
the Secretary of the Commonwealth,
and the Treasurer of the Commonwealth.
Sincerely, Eileen M Donoghue, state senator,
1st Middlesex district.
The senator from second Middlesex and Norfolk,
Ms. Spilka moves that the communication
be printed in the journal.
The question comes on the motion.
All those in favor, say aye, opposed, no.
The ayes have it, and the motion prevails,
and the statement will be printed
in the Journal of the Senate.
The senator from Middlesex, Ms. Jehlen,
has filed a communication which the clerk will read.
Dear Mr. Clerk, I was absent from the chamber
for the formal session on Thursday, March 22nd, 2018.
Had I been present, I would have voted
in the affirmative on the following roll
calls: roll calls number 338, 339, and 343.
And had I been present, I would have
voted in the negative on the following roll
calls: roll calls 340, 341, and 342.
I ask that these vote be recorded,
and I respectfully request that a copy of this correspondence
be printed in the journal during the next session.
Thank you for your assistance in this matter, sincerely
Senator Patricia D Jehlen, 2nd Middlesex.
The senator from 2nd Essex, Ms. Lovely
moves that the communication be printed in the journal.
The question comes on the motion.
All those in favor, say aye, opposed, no.
The ayes have it, and the motion prevails,
and the statement will be printed
in the Journal of the Senate.
The senator from Essex, Ms. O'Connor Ives,
has filed a communication which the clerk will read.
Dear Mr. Clerk, I was absent from the chamber
for a portion of the formal session on Thursday,
March 22nd, 2018.
Had I been present, I would have voted
in the affirmative on the following roll
calls: amendment number 15 to Senate Bill 2355,
roll call 342, Senate Bill 2355 passing the bill
for engrossment, roll call 343.
And had I been present, I would have
voted in the negative on the following roll
call: amendment number 11 to Senate Bill number 2153, roll
call number 341.
And I respectfully request that a copy of this letter
be printed in the Senate journal as part of the official records
for the next session.
Thank you in advance for your attention
to this important matter.
Sincerely, Kathleen O'Connor Ives, state senator,
1st Essex district.
The senator from 4th Middlesex, Ms. Friedman
moves that the communication be printed in the journal.
The question comes on this motion.
All those in favor, say aye, opposed, no.
The ayes have it, and the motion prevails.
The statement will be printed in the journal of the Senate.
Report of the committee.
The Committees on Rules [INAUDIBLE]
to concurrently [INAUDIBLE] the Senate petition of Harriette L
Chandler and James J O'Day for legislation
to authorize the Commissioner of Capital Asset Management
and Maintenance to modify and relocate
an easement in the town of West Boylston.
Reports recommend that Joint Rule 12
be suspended with reference there to Mark C
Montigny for the committee.
The senator from 2nd Worcester, Mr. Moore,
moves that the Senate Rule 36 be suspended so the matter may
be taken up forthwith.
All those in favor, say aye, opposed, no.
The ayes have it, and the rule is suspended.
The question now comes as suspension of Joint Rule 12.
All those in favor, say aye, opposed, no.
And the ayes have it, and the rules are suspended.
The petition will be referred to the Committee
on State Administration and Regulatory Oversight.
Paper from the House.
The House petition of Daniel J Hunt for legislation
to establish a sick leave bank for Daisy F Bolden, employee
of the Massachusetts Teachers' Retirement System,
comes from the House with the endorsement
that Joint Rule 12 has been suspended with reference
[INAUDIBLE] has been referred to the Committee
on Public Service.
Question comes in suspension of Joint Rule 12.
All those in favor, say aye, opposed, no.
The ayes have it, and the petition
will be referred to the Committee on Public Service.
Paper from the House.
The House order relative to extending until Wednesday, May
9th, 2018, the time within which the Committee on Financial
Services is authorized to report on the current House
document, House number 4383, comes from the House,
where the endorsement has been adopted
by the Committees on Rules to Branches,
and adopted in the House.
The senator from 3rd Middlesex, Mr. Barrett,
moves that the rules be suspended.
Is there an objection?
Hearing none, the question comes on adoption of the--
I'm sorry, the senator from 1st Essex and Middlesex, Mr. Tarr.
Well, well well, Madam President.
Hello and good afternoon.
It's nice to be here with you this afternoon.
Wonderful to see you upon the rostrum presiding.
And Madam President, I am hoping that we
can get an explanation of this amendment order
that now pends before the Senate,
because we continue to be in the season of extension.
And Madam President, that is oftentimes
coincidental with spring.
We are hoping that it will not extend into summer.
So I'm hoping that we can get an explanation
of this particular extension or to the subject matter that it
contains, the length of time, and the number of bills
that are in it.
Thank you, Madam President.
Recess.
[GAVEL STRIKING BENCH]
The Senate will come to order.
The senator from Middlesex and Worcester, Mr. Eldridge.
Thank you, Madam President.
As the Senate Chair of the Joint Committee on Financial
Services, I received House 3543 just on March 5th,
and it has been the recommendation of the House
chair and I that we requested a recording date
extension to May 9th.
This bill and an act establishing a Massachusetts
infrastructure bank was heard by the Joint Committee
on Community Development and Small Business, but of course
has not been heard by the Joint Committee
on Financial Services.
We would like more time to review the bill,
and just recently sat down with the House sponsors last week.
And Madam President, that's why the committee is
asking for an extension on the bill to May 9th.
The senator from 1st Essex and Middlesex, Mr. Tarr.
Thank you, Madam President, and too, the members.
Madam President, I appreciate the gentleman's
explanation as well as the wonderful tie
that he has on today.
And Madam President, I would point out
that once again we see a very reasonable use of an extension
order in this particular instance, where
we have a single matter, a reasonable amount of time.
Once again, I think we are moving
in a very good direction with regard
to the use of extension orders.
I commend the gentleman for his work
in getting us to this point, and I hope the order is adopted.
The question comes on adoption of the order.
All those in favor, say aye, opposed, no.
The ayes have it, and the order is adopted in concurrence.
Several matters come before the Senate for their final passage.
An act permitting a certain parcel of land
in the town of New Braintree to use
for a solar farm and other municipal purposes;
an act establishing a sick leave bank
for Mary Goddard, employee of the Department of Corrections.
Question comes on passing the bills to be enacted.
All those in favor, say aye, opposed, no.
The ayes have it, and the bills are passed to be enacted,
and the bills will be signed by president,
and laid before the governor for his approbation.
Paper from the House.
The House bill financing the production and preservation
of housing for low and moderate income residents, House number
4134, comes from the House for the endorsement
that the House is non-concurrent in the Senate in its amendment,
and has appointed a committee of conference
on the disagreeing votes in the two branches,
and that Representatives Honan of Boston, McGonegal
of Everett, and Hill of [INAUDIBLE]
are appointed on the committee on the part of the House.
The senator from 1st Hampden and Hampshire, Mr. Lesser,
moves that the Senate insist on its amendment,
and concur in the appointment of a committee of conference.
The question comes on this motion.
[GAVEL STRIKING BENCH]
It's very hard to hear.
The question comes on this motion.
All those in favor, say aye, opposed, no.
The ayes have it, and the motion prevails.
The chair will appoint the following members
to said committee on the part of the Senate.
Boncore of Suffolk and Middlesex,
Keenan of Norfolk and Plymouth, and O'Connor
of Plymouth and Norfolk.
The bill will be returned to the House endorsed accordingly.
Paper from the House.
The House bill regulating and insuring
short-term rentals, House number 4327,
comes from the House with the endorsement that the House
in non-concurrent with the Senate in its amendment,
and has appointed a committee of conference
on the disagreeing votes of the two branches,
and that represents Michlewitz of Boston,
Peake of Provincetown, and Barrows of Mansfield
are appointed to the committee on the part of the House.
The senator from 2nd Middlesex, Ms. Jehlen,
moves that the Senate insist on its amendment,
and concur in the appointment of a committee of conference.
The question comes on this motion.
All those in favor, say aye, opposed, no.
The ayes have it, and the motion prevails.
The chair will appoint the following members
to said committee on the part of the Senate.
Rodrigues of Bristol and Plymouth,
Spilka of Middlesex and Norfolk, and Fattmann
of Worcester and Norfolk.
The bill will be returned to the House endorsed accordingly.
Report of the committee.
The Committee on Rules to move before the Senate a bill
relative to the charter of the town of Abington,
printed as Senate number 2278, reports the matter
be placed in the orders of the day for the next session.
Mark C Montigny for the committee.
The senator from 2nd Essex and Middlesex, Ms. L'Italien,
asks unanimous consent that the rules
be suspended to allow the matter to be considered forthwith.
Is there an objection?
The chair hears none.
Question now comes on ordering the bill to a third reading.
All those in favor, say aye, opposed, no.
The ayes have it, and the bill is ordered to a third reading.
Third reading of the bill.
An act ratifying the adoption of the charter
of the town of Abington, printed in Senate number 2278.
Its title having been changed by the Committee
on Bills in the third reading.
[INAUDIBLE]
Time.
The question now comes in passing the bill
to be engrossed.
All those in favor, say aye, opposed, no.
The ayes have it, and the bill is passed to be engrossed.
If there is no objection, item number
110 on page 5 of the calendar, an act [INAUDIBLE]
to increasing City of Gloucester parking fines,
Senate number 2223, will be considered forthwith.
Is there an objection?
The chair hears none.
Third reading of the bill.
An act increasing parking fines in the City of Gloucester,
Senate number 2223.
--of passing the bill to be engrossed.
All those in favor, say aye, opposed, no.
The ayes have it, and the bill is passed to be engrossed.
If there is no objection, item number
152 on page 7 of the calendar.
An act amending the charter of the Town
of Chelmsford, House number 4243,
will be considered forthwith.
Is there an objection?
Chair hears none.
Third reading of the bill.
An act amending the charter of the Town of Chelmsford, House
number 4243.
It now comes to passing the bill to the engrossed.
All those in favor, say aye, opposed, no.
The ayes have it, and the bill is passed to be engrossed.
Brief recess.
[GAVEL STRIKING BENCH]
Senator Pacheco, I would like to invite you representing
the District of 1st Plymouth and Bristol
to introduce some important guests that you have.
Thank you very much, Madam President.
It is my honor to present to the body
the 2017-2018 state champions for division IV MIAA Coyle
and Cassidy Lady Warriors.
Let's give them a nice round of applause.
[APPLAUSE]
Their team was successful in winning the state championship
in basketball for division IV, and we sincerely want
to congratulate them, and in particular, their head coach,
Michael O'Brien of Somerset, assistant coach Tim
Mosher of Taunton, and assistant coach Bob Casey of Taunton.
Ladies, you make us all proud, and they were successful--
I believe the school was 58-35--
was that it?
58 to 35 against Munson.
Sorry Munson, but that's the way it is.
And we want to again send our highest congratulations
to all of you in your significant athletic
achievement this year.
Thank you.
--there's no objection, item number
155 on page 7 of the calendar.
An act relative to the membership of the licensing
commission and Board of Election commissioners
in the city of Somerville, Senate number 2294,
will be considered forthwith.
Is there an objection?
The chair hears none.
Third reading of the bill.
An act for the regulating the membership of the Licensing
Commission and the Board of Election commissioners
in the City of Somerville, Senate number 2294
changed by the Committee on Bills in the third reading.
The question now comes of passing the bill
to be engrossed.
All those in favor, say aye, opposed, no.
The ayes have it, and the bill is passed to be engrossed.
If there's no objection, item number 178 on page 4
in the notice section of the calendar, an act authorizing
the town of Westport to grant one additional liquor
license for the sale of wine and malt beverages
not to be drunk on the premises.
Senate number 2302 will be considered forthwith.
Is there an objection?
The chair hears none.
The question comes on ordering the bill to a third reading.
All those in favor, say aye, opposed, no.
The ayes have it, and the bill is ordered to a third reading.
Third reading of the bill.
And act authorized to the Town of Westport
to grant one additional license for the sale of wines and malt
beverages not to be drunk on the premises.
Senate number 2303, its title having
been changed by the Committee on Bills in the third reading.
The question now comes of passing the bill
to be engrossed.
All those in favor, say aye, opposed, no.
The ayes have it, and the bill is passed to be engrossed.
Is there any objection to proceeding
with the order of the day?
The chair hears none.
On page 1 the first item is calender item 174, House number
4143.
Question now comes on ordering the bill to a third reading.
All those in favor, say aye, opposed, no.
The ayes have it, and the bill is passed to a third reading.
The next item is calendar item 175, House number 4162.
Question comes on ordering the bill to a third reading.
All those in favor, say aye, opposed, no.
The ayes have it, and the bill is passed.
The bill is order to a third reading.
Senator from Berkshire, Hampshire, Franklin,
and Hampden, Mr. Hinds, moves that the rules
be suspended so that the matter may be considered forthwith.
Is there objection?
The chair hears none.
Third reading of the bill.
An act providing for the appointment
of a treasurer/collector in the town of Stockbridge, House
number 4162.
The bill has been read a third time.
The question comes on passing the bill to be engrossed.
All those in favor, say aye, opposed, no.
The ayes have it, and the bill is passed to be engrossed.
On page 2, the next item is calendar item 177, House number
4367.
The chair hears pass.
The next item passed--
on page 3, the next item is calendar item 170,
Senate number 2370.
The chair hears pass.
The next item the next item is calendar item 172, Senate--
chair hears pass.
[GAVEL STRIKING BENCH]
Brief recess.
[GAVEL STRIKING BENCH]
Senate will be in session.
The first item passed over is calendar item
177, House number 4367.
Third reading of the bill.
An act financing improvements to municipal roads and bridges,
House number 4367 amended.
The senator from 1st Essex and Middlesex, Mr. Tarr.
Thank you, Madam President, and through you to the members.
Madam President, the bill that now
pends before the Senate is the so-called chapter 90
authorization, which is of critical importance
to providing road and bridge assistance to cities and towns
all across the Commonwealth of Massachusetts.
And Madam President, given the fact
that we are now entering the construction
season for this year, and that we have a statutory deadline, I
believe, of April 1st, to notify the cities and towns that we
are going to make appropriation for chapter 90,
it is imperative that we take action on this matter as soon
as possible.
Now Madam President, I know that the gentleman from Quincy
has been looking at this as a matter of bonding.
Often, in our informal session, most recent,
an amendment to what the House had
sent us, which makes some significant changes
to the chapter 90 bill that we were
sent by the House of Representatives.
So I'm hoping that the gentleman from Quincy cannot only explain
the bill and its general nature, but also can explain
the amendment which he which he offered,
which was in fact adopted, and which has been printed
for the edification of the members in the prior journal
and in the calendar of the Senate so that everyone would
have a chance to digest and understand it prior to us
taking what I hope will be some very expeditious action today.
Now Madam President, I appreciate his work
on this matter, and I do hope that we can move forward
as expediently as possible to move
this bill to the governor's desk,
because our cities and towns are in fact depending
on this form of assistance.
Thank you, Madam President.
Thank you.
The senator from Norfolk and Plymouth, Mr. Keenan.
Thank you, Madam President, through you
to my good friend from Gloucester.
He is correct.
This is a bill that comes up every year that
is of paramount importance to the cities and towns
that we represent.
And it's this time of year that they get a little itchy,
so that they can get the funds necessary to get
the work done in the upcoming construction season.
That's work on streets.
Whether it's repairing those streets
or doing full-depth reconstruction,
its important work that is quite timely.
What this bill does is authorize the Commonwealth
to apportion $200 million to each one of the cities
and towns.
And the gentleman referenced an amendment
that was done on Monday, and I will just
touch on that briefly.
As the bill came over, it is a $200 million
authorization for one year, and the terms of the bill
is that it would be financed over 30 years.
The amendment that was introduced on Monday
would change a couple things.
First, it would take it from a $200 million
authorization to a $600 million dollar authorization.
But that $600 million would be apportioned over three years.
And the benefit of that is that our communities-- our cities
and towns --would have the benefit of knowing
that the money that is already in place
is subject to release each year, $200 million per year,
but it is there; it is ready, and it takes the anticipation
of the legislative process every year out of the equation,
so they can anticipate that money.
They can better plan because of that.
The other thing that it does is it
reduces the term of the bond from 30 years
to 20 years, much like a shorter financing
of a home with a mortgage.
This will save the Commonwealth money.
It will save the Commonwealth about $50 million dollars,
depending upon the rate that is ultimately
used when the bonds are sold, but it
will save, by estimates of ANF, about $50 million,
and the additional annual debt service
will be about $3 million.
The idea of doing this with 20 years
is consistent with what the state has done historically.
Some of the bond bills are packaged for 10 years,
20 years, or 30 years.
It doesn't take away any of that flexibility.
In fact, it does direct that this be a 20-year bond there,
which is consistent in many cases with the work that's
being done.
As far as the timing on this, we will pass this.
It will be worked out with the House,
and it will get to the governor's desk
as quickly as possible.
What we're doing here is consistent with what
we have done in the past relative to timing.
And also what we're doing here in terms
of the length of the authorization--
a multi-year authorization --is also
consistent with what has been done in this body
a few times over the last several years,
and indeed was a fairly regular practice up until about 2011.
With that, Madam President, I urge passage of the bill,
and understanding that it does require a roll call,
and nonetheless I ask that when the bill be voted on,
it would be voted on with a call of the yeas and nays.
And again, I thank my gentleman from Gloucester,
and I thank Ways and Means, and everybody
else who played a role, and our Transportation Committee
chair in making this a priority and moving this as quickly as
possible.
Thank you.
The senator from Norfolk and Plymouth,
Mr. Keenan has asked 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 of members having arisen,
the yeas and nays will be ordered.
The chair asks the clerk to call the chair as well.
The senator from 1st Essex and Middlesex, Mr. Tarr.
Thank you, Madam President, and through you to the members,
and through you to my good friend from Quincy
who gave us an outstanding explanation of what's
happening here.
And I also want to thank him for the prudent course in which he
is guiding us relative to shortening
the time for the borrowing, saving some dollars on debt
service, and also giving some certainty to the cities
and towns so that they don't face
a continuing state of uncertainty in years to come.
Madam President, there has been some indication
from the various cities and towns of concern
about the $200 million amount.
And I know that it is an appropriate amount
for this year, and has been accordingly budgeted as such,
but I am concerned about whether or not
there is anything in the bill that is now
pending before the Senate which would prohibit us
from revisiting this next year or the year
after that if we were to find ourselves
in the enviable circumstance of being able to potentially add
to the $200 million appropriation that's
contemplated in the current bill for next year and the year
beyond.
Thank you, Madam President.
The senator from Norfolk and Plymouth, Mr. Keenan.
Thank you, Madam President.
Through you, in response to the gentleman's question,
there is nothing in this bill that
would preclude the governor from introducing
and the House and the Senate acting upon a supplemental bond
bill dedicated to chapter 90 purposes
in an additional amount to what will be approved here,
and what will hopefully make its way to the governor's desk
quickly.
So there's nothing to preclude additional funding from being
introduced at a later date.
Thank you.
The clerk will call the roll.
The clerk will call the chair.
Michael J Barrett.
Here.
Here, yes.
Joseph A Boncore.
Michael D Brady.
Lloyd M Brownsberger.
Yes.
Harriette Chandler.
Here.
Sonia Chang-Diaz.
Here.
Cynthia Stone Creem.
Brendan B Crighton.
Julian Cyr.
Yes.
Here.
Viriato M deMacedo.
Yes.
Sal M DiDomenico.
Yes.
James B Eldridge.
Yes.
Ryan C Fattmann.
Yes.
Paul R Feeney.
Here.
Yes.
Cynthia Friedman.
Here.
Yes.
Anne M Gobi.
Yes.
Adam P Hinds.
Donald F Humason, Jr.
Here.
Yes.
Patricia D Jehlen.
Yes.
John F Feeney.
Yes.
Eric P Lesser.
Yes.
Jason M Lewis.
Barbara A L'Italien.
Yes.
Joan B Lovely.
Yes.
Mark C Montigny.
Yes.
Michael O Moore.
Yes.
Patrick M O'Connor.
Yes.
Kathleen O'Connor Ives.
Yes.
Marc R Pacheco.
Michael J Rodrigues.
Yes.
Stanley C Rosenberg.
Yes.
Richard J Ross.
Yes.
Michael F [INAUDIBLE].
Karen E Spilka.
[INAUDIBLE]
Yes.
Bruce E Tarr.
Yes.
Walter M Timilty.
Yes.
Dean J Tran.
Yes.
James T Welch.
Yes.
The senator from 1st Middlesex and Norfolk, Ms. Creem.
[INAUDIBLE]
Cindy Stone Creem votes yes.
Fattmann?
[INAUDIBLE]
5th Middlesex, Mr. Lewis.
[INAUDIBLE]
The senator from Berkshire, Hampshire, Franklin,
and Hampden, Mr. Hinds.
[INAUDIBLE]
Adam G Hinds votes yes.
The senator from 3rd Essex, Mr. Crighton.
[INAUDIBLE]
Brendan B Crighton votes yes.
The senator for Suffolk and Middlesex, Mr. Boncore.
[INAUDIBLE] voting in the affirmative.
Joseph A Boncore votes yes.
[INAUDIBLE] haven't we already voted?
[INAUDIBLE]
Oh, I thought we've already answered because
[INAUDIBLE]
Can you let them know Donoghue's name is still on the list
[INAUDIBLE]
Donoghue's name is still in the [INAUDIBLE] list.
I'm just not clicking her.
[AUDIO MUTED]
The senator from 1st Plymouth and Bristol, Mr. Pacheco.
Oh, I'm in the middle of this one.
Madam President, presiding [INAUDIBLE]
I've got [INAUDIBLE]
Yes.
26?
Have all members been recorded?
[GAVEL STRIKING BENCH]
On this matter, 36 have voted in the affirmative,
none in the negative.
The matter is passed.
Brief recess.
[GAVEL STRIKING BENCH]
--over is calendar item 172, Senate number 129.
The question now comes on ordering the bill
to a third reading, coming first on an amendment,
as recommended by the Committee on Ways and Means.
[GAVEL STRIKING BENCH]
Brief recess.
The next item passed over is calendar item 172,
Senate number 129.
The question now comes on ordering the bill
to a third reading, coming first on an amendment,
as recommended by the Committee on Ways and Means.
The senator from 1st Essex and Middlesex, Mr. Tarr.
Why thank you, Madam President, and through you,
to the members.
Madam President, the bill that now
pends before the Senate is one that
touches a very important subject, which is
the oversight of student loans.
Madam President, we know how oftentimes families
and students struggle to be able to afford financing higher
education, and we know that it's imperative
that the means by which that financing is delivered
has proper oversight and proper regulation
so that it is done in an appropriate way that does not
cause unnecessary hardship or difficulty for those that
are receiving those loans which are so important to receiving
a higher education in the Commonwealth.
And Madam President, there's been
a lot of work done on this measure, particularly
Madam President, by the Maven of the Millennials from Western
Massachusetts who has done an outstanding job at piecing
this bill together.
And Madam President, I'm hoping that before we consider
further action on this that we can hear from the gentleman who
has been so diligent in piecing together
the components of this bill, which I do hope passes.
I know we have several amendments to consider,
but I do hope ultimately that we find resolution on this today.
And so that we may do that more easily,
I hope that he will give us an explanation
of the general architecture of the bill.
Thank you, Madam President.
Thank you.
The senator from 1st Hampden and Hampshire, Mr. Lesser.
Thank you, Madam President, and through you, to the members.
And I'd like to thank the distinguished minority
leader for his partnership and his bipartisan commitment
to our commonwealth's students.
First, there are quite a lot of people
I'd like to thank for getting us to this point today.
I would certainly like to thank you, Madam President,
for bringing this bill to the floor today,
as well as our distinguished Ways and Means
chair for her work and partnership on this issue.
I'd also like to thank our distinguished
chair of the Consumer Protection and Professional licensure
committee, Senator L'Italien, who's been a wonderful partner
and champion on this issue as well, along with our chair
of our Financial Services Committee, Senator Eldridge.
And you'll be hearing shortly from a friend of mine
and a fellow millennial senator who's
the primary co-sponsor of this bill, my colleague from Cape
Cod, Senator Cyr.
And I'd also like to thank our attorney general, Maura Healey,
for the leadership she's shown in setting up the Student Loan
Assistance Unit in 2015 when she was first elected
to her position, and the leadership she showed
in leading a broad coalition of attorneys general
who are holding the student loan industry and student
loans servicers accountable, and holding the Federal
Department of Education accountable for its negligence,
frankly, in enforcing common sense student loan protections.
I'd also like to thank the incredible staff of the Ways
and Means Committee of the Senate President's office,
and my own tireless office team who
has worked so hard on bringing this bill to the floor today.
Madam President, there's an old saying
that if you throw a frog into a pot of boiling water,
the frog jumps right out.
But if you put a frog in a pot of water
and you slowly raise the temperature,
the frog is going to cook itself without even knowing.
And Madam President, we have reached the boiling point
in this country on student loans.
Nationally, 40 million people in the United States
have outstanding student loan debt.
Collectively, there are more than $1.2 trillion
in outstanding student loan debt across the country.
I want to repeat.
That's $1.2 trillion, with a T.
In just the last year--
I believe the statistics are from 2015 to 2016
--there was a 14% increase in defaults in just one year.
These are national statistics.
Importantly, 70% of those defaults
were of people who qualified for lower payments.
Again, 70% of the defaults last year
were from people who potentially qualified for lower payments,
but were either unable to participate,
were not made aware of their lower payment options,
or were not able to because their servicers
made it too difficult.
Massachusetts unfortunately, although we
are the beacon we are for the country,
is not immune from this crisis.
We are number seven in the nation in outstanding student
loan balances.
That is not a top 10 list, Madam President,
that we should be proud of being a part of.
In Massachusetts, one in four people
have outstanding student loan balances.
I want to repeat, one in four residents of Massachusetts
have outstanding student loan debt balances.
And there has been a 70% increase
in the outstanding debt held by Massachusetts residents
in just the past 10 years.
[GAVEL STRIKING BENCH]
The senator from 1st Essex, Ms. O'Connor Ives.
[INAUDIBLE]
Thank you.
The lady from 1st Essex is having great difficulty
hearing, as is everybody here.
So I would ask that you subdue your conversations,
take your seats, and pay attention
to the discussion is going on.
Gentlemen.
Thank you, Madam President, and through you, to the members.
The statistics are overwhelming, are alarming,
and are harrowing, but it's important to remember
that this debate, at the end of the day,
is about real people and the impact
that the failure to enforce common sense
protections on student loan servicers
is having on everyday people.
Last year, this body conducted a series
of roundtables known as the Millennial Engagement
Initiative.
We toured locations across the Commonwealth-- urban locations,
rural locations, suburban locations
from a variety of different locations and backgrounds,
and one of the things we heard from young people
at those roundtables, overwhelmingly,
was the stress they face from student loans.
I want to share one story from a constituent of mine, Shanique,
who shared her story with me and with other senators
about the struggles she's faced with her student loan debt.
Shanique attended Mount Ida College.
We've heard about Mount Ida College; it's been in the news
recently.
She diligently made her student loan payments on time,
but soon after graduating, she lost her job
and was unemployed for six months.
During this six-month period, she
hadn't yet received her unemployment benefits,
and was unable to make payments on her $5,000 loan to American
Education Services.
Shanique had to default after 90 days.
Her loan was bought by the National Collegiate Student
Loan Trust, which then hiked the value she owed up
to $18,000, over three times her original loan amount.
Think about that, a three-time increase over her original loan
amount.
Although National Collegiate Trust owned her loans,
there was nobody she could call to negotiate
with for a settlement.
She was stuck.
She had to go to court.
The collection agency for the National Collegiate Trust
sued for $18,000.
She has since unsuccessfully tried to settle for less.
The lowest they are willing to go is $13,000.
To add insult to injury, the collection agency
tried to base their lawsuit on Shanique never having
made any payments at all.
They did not have access to her original payment history,
and moved forward based on incorrect information.
The court has since disproven their claim,
but as you can imagine, this was a very upsetting accusation.
Shanique is still in court two years later,
and estimates that by the end of the lawsuit,
she will paid made over $5,000 in attorney's fees,
and will likely Lowe at least $10,000 on her loan.
Madam President, our constituents,
the residents of this state, should not
have to hire lawyers out of their own pocket
to defend and protect themselves against basic consumer
protections that, right now, are inadequately
enforced against student loan servicers.
Unfortunately, these student loan
servicers who are beating up on innocent people
like Shanique have an ally right now in the White House.
President Trump and Education Secretary Betsy DeVos
have worked hand in glove with the national student loan
servicing lobby to try to preempt state actions
like exactly the one Massachusetts is trying
to do today to put state level protections on student loan
servicers.
They're trying to prevent the actions of our Attorney
General, Maura Healey, in protecting against student loan
servicers, and they're trying to scare and intimidate
states and legislatures like ours out of doing something
about it.
But there's been a response to the DeVos and Trump
administrations' attempts to bully and intimidate
states that are trying to stand up for their students.
Across the country, there's been a movement of students,
of their parents, of their family members,
and of legislatures and attorneys
general across the country who have said, enough is enough.
Connecticut led the way in 2015 with a Student Loan
Bill of Rights, our neighbors just
to our south, California this past year
has joined them, as has Illinois.
Just this past week, Virginia passed the Student Loan
Ombudsman's Bill.
So the tide is turning, and we are
standing in a united front with our sister states to say,
if the federal government continues to gut student loan
protections on the federal level, and on a national level,
the states will not be bullied and intimidated.
The states, and Massachusetts in particular,
will step up to fill the gap.
So what does this bill do?
What is in the Student Loan Bill of Rights?
Well, it has three main elements.
First, it requires a new licensing regime
for student loan servicers in the division of banks.
In this state, you need a license to cut hair.
You need a license to sell a car.
You need a license to perform manicures and pedicures.
But apparently, you don't need a license
to issue $100,000 or sometimes even more--
hundreds of thousands of dollars in student
loan debt to individuals, and lord over people
one of the most substantial and consequential
financial decisions of their entire life.
This is the Wild West.
It goes without any oversight.
It goes without any state-level enforcement of basic licensing
requirements.
This bill sets up a licensing requirement
around student loans.
The next thing that this bill will do
is build upon Attorney General Healey's efforts
with her Student Loan Assistance Office,
which was created in 2015, to create
a new ombudsman, a student loan ombudsman housed
in the Massachusetts Attorney General's Office.
And the idea behind this is to be a one-stop shop for student
loan abuse, a place student loan borrowers can
go to if they need help, because right now the system,
is very opaque.
As Shanique's story illustrates, if you're
the victim of one of these really intimidating practices,
if you're not being notified of your rights
under income-based repayment plans,
if you're not being properly notified
of when your payments are due or what
your interest rates will be, it's hard to know where to go.
You could go to the attorney general's office.
You could go to your home higher education institution.
You could potentially try to go to the Federal
Department of Education-- good luck with that.
But it's very unclear, because everyone goes like this.
Everyone points in a different direction,
and it's very unclear who is in charge.
The student loan ombudsman will be a cop on the beat.
It will be a one-stop shop to help protect
students who need questions answered about their student
loans.
And very importantly, it will be an office
that will collect complaints from students
who are being bullied, harassed, or intimidated by these student
loan servicers.
And finally, the third element of the bill
that is very important is it will
allow the division of banks and the student loan ombudsman
to actually enforce and follow up on these complaints,
and to do something about these abuses
so that they can step in on behalf of our students,
on behalf of our student loan borrowers, to fix the problems
and to restore balance to our loan system.
Madam President, I would like to close,
before we open up debate on amendments
and some of my colleagues speak as well,
with the story of Justin Perez.
Justin is a student at Northeastern Law School,
and in fact we're joined by a phenomenal group of students
who work with a group called PHENOM who have been advocates
with us, working hand-in-hand with us
on this legislation for quite some time, who
are in the gallery with us.
If we can thank and acknowledge the work of PHENOM
and our student advocates in standing up for themselves
and for their generation, and if we could take a moment
to recognize them and thank them for their efforts, Madam
President.
To welcome them and thank them for their efforts.
[APPLAUSE]
Last year, Madam President, as Justin
was preparing to go to Northeastern University
School of Law, his father had a stroke.
His father survived the stroke but cannot work.
As a result, his family lost half their income,
which they were planning to use to help
Justin afford law school.
Justin's family, Madam President,
did what they were supposed to do,
which was save money for their child to get an education,
and to go to graduate school.
Illness befell the family, and in circumstances
beyond their control, they lost half their income.
So instead Justin had to take on a serious amount of debt,
$40,000 in his first semester alone.
He expects to graduate with about $150,000
in debt in total.
This kind of burden is discouraging him
from going into the very work he is getting a degree for,
public interest law, so he can serve people and serve
the public good.
This kind of debt is dampening our young people's
opportunities, and sapping the great amount of energy
they have to give back to our society.
Justin has to worry about passing on his debt
to a partner if he wants to get married.
He said his decision of whether or not
to get married one day will not be about whether or not
he loves the person, but whether or not
they will be financially stable because of the debt
he will bring into that marriage,
again, from no fault of his own.
Student loan debt is putting off serious life choices.
It's delaying homeownership.
It's delaying people starting businesses, or becoming
entrepreneurs, or going into tech and innovation
fields that are more risky.
It's putting off having children and making other life decisions
because of the debt that is being pummeled
on top of an entire generation, and their parents,
and their grandparents.
It is poisoning the rest of our economy,
and it is crowding out spending on everything else
that young people want to do.
And quite frankly, I would say, just
at a time when we should be pouring resources
into people like Justin who are just getting started
with their careers, who are just getting
started with their professional lives, who are about to enter
the workforce, pay taxes, and pay their debt to society
and become productive citizens, is exactly when our system is
sucking them dry for every last penny they have,
and putting burdens on their unborn children,
and on their parents and on their grandparents,
to repay these outrageous debts.
This is not good for our young people.
It is not good for our commonwealth.
Madam President, we must stand with students
and stand up to the student loan servicers who
are taking advantage of people who are already
saddled with these large amounts of debt.
The last thing someone like Justin needs
is a loan servicing agency who he didn't pick,
who he didn't know, harassing messages, not informing him
of his rights, doing everything possible to delay
and intimidate him out of making his payments on time,
in some cases violating federal and state law,
and not having this general court
and this legislature stand up and do something about it.
Madam President, on behalf of Justin,
on behalf of Shanique, on behalf of the 20% of Massachusetts
residents that carry these student loan debts with them
and their families, I ask that when the vote is recorded,
we do so with a recording of the yeas and the nays.
The senator from 1st Hampden and Hampshire, Mr. Lesser,
has asked that when a vote is taken,
it be taken by a call of the yeas and nays.
Those voting with him, will please rise and be counted.
A sufficient number of members having arisen,
the yeas and nays will ordered.
[INAUDIBLE]
No.
No no no.
The senator from Cape and islands, Mr. Cyr.
Thank you, Madam President, and through you, to the members.
I rise after my good friend from Longmeadow.
First, I want to thank him for his dogged leadership
on this critical issue.
You know, and at a time when the cost of college
has become burdensome for even the privileged,
let alone inaccessible to many more,
we really must take action, and I'm
glad that the Senate is taking action today,
for those in my generation, for my parents' generation which
has also assumed so much of the debt for education,
and have also been at the mercy of predatory loan practices,
and also for a student currently in school.
And the students right now-- we're
about less than a month ahead of May 1st,
which is when many high school students, seniors, are
making choices about where they're going to go.
And a big part of that choice, more and more,
is the cost, not solely at private institutions,
but at our public institutions.
Yes, that at our UMass system, but also our community
colleges.
I was speaking with a student at Cape Cod Community College
recently-- several students --and a number of them
have taken on debt.
And so I think that the real fundamental promise
of investing in our young people, which
the gentleman from Longmeadow was talking about,
that has been eroded, and these predatory loan
practices only erode that.
I think we have to take action.
The current administration in Washington
clearly does not have our best interests in mind
here in the Commonwealth, and I hope
this legislation is taken up today,
and we're going to be able to fill that promise.
I wanted just to give my colleagues
a sense of the fear and the challenge that folks face.
And actually, from several students from PHENOM,
from the Public Higher Education Network of Massachusetts,
this is from someone who is describing--
it was described earlier today--
their experience with predatory loan practices.
And I quote, "I had no idea how predatory these loans were,
and the harm I was doing to myself in the long term.
When I graduated, I owed $32,000 between different subsidized
and unsubsidized loans.
Not knowing what I was doing or what I had set myself up for,
I defaulted on all of my loans, and eventually owed
over $63,000.
I was throwing pennies at this mountain of debt,
with no end in my lifetime.
I imagine this dark cloud of debt
hanging over me for the rest of my life."
This is unacceptable for our young folks who are just
starting out here in the Commonwealth to experience,
and Madam President, I hope the bill is adopted.
Thank you.
The senator from 2nd Essex and Middlesex, Ms. L'Italien.
Thank you, Madam President, and through you, to the members.
I rise before you as not a millennial,
but a mother of four millennials.
And I was joined this morning at the press conference
by, of course, the gentleman from Longmeadow,
the gentleman from the Cape, PHENOM,
and many other members of the House
and the Senate who are millennials.
This bill came before the Consumer Protection Committee,
and I think it's critically important that we address this,
because this is really choking off our economic productivity
and growth in our state and throughout the nation.
The fact that young people are having difficulty, and getting
caught up in a spiral of loan servicers
who are sending emails to wrong email sites,
or unaddressed unmarked letters that people don't get them--
don't open them, and failure to pay in a timely manner
results in mere usury fees being charged on those loans.
This has to stop.
We know that young people are having difficulty
moving out of their parents' homes after graduation.
We know they're having difficulty
buying cars, renting apartments, buying homes,
as the senator from Longmeadow said,
putting off things like getting married and having children,
and these are huge issues that we have generations now
that are not being able to make these critical steps,
and it really impacts our economic growth, vitality,
and the quality of life here in Massachusetts.
And it is important to note that it's not just those going
to private colleges.
Our state colleges and universities
costing $10,000 between tuition and fees.
People are coming into a tremendous amount of debt
at the end of the graduation.
And so I think it's critically important
that we pass this today.
It's critically important that we do our part as a state.
The federal government seems to be
moving in the opposite direction,
and really trying to help the loan servicers rather
than the students.
I think it's critically important that we take whatever
action we can to show that we stand up for our students,
and for their parents, because by the way,
I'm paying some of these tuitions as well.
I'm sure some of you of my generation
are as well, to try to help your children.
We need to find ways in which we can make this more affordable,
but also we have to find ways to be certain
that young people are not being trapped in a spiral of, again,
usury-level interest being charged.
I also noticed that the gentlewoman from MassPIRG
is here, and I think it's important to realize that this
is truly a consumer protection issue that we now will be
addressing here in the Senate.
We hope that it will happen soon in the House.
In my mind, this is really a kitchen table issue
that many families--
not just millennials-- but many families are contending with.
And here is an opportunity to chip away
at one of the core concerns that young people have.
So I am grateful to have had this
be the first stop at the Consumer Protection
and Professional Licensure Committee.
I agree with the sentiment from the gentleman from Longmeadow
that we license so many things, so many entities,
in this state.
It's time that we now license the loan servicers
for our student loans.
Thank you.
The senator from 1st Middlesex and Norfolk, Ms. Creem.
Thank you, Madam President.
I rise today to thank the gentleman
from East Longmeadow, Senator Lesser, for his work
in filing this important bill.
The Student Loan Bill of Rights will
give students and their parents more
transparency about the loan payment process.
Under this bill, student loan customers
can be assured of receiving clear and accurate information
about the debt they are taking on,
and their obligation for repayment.
The bill is also about accountability
for loan servicing companies to prevent them
from crossing a line into harassment of borrowers
by giving the Commissioner of Banks, and the state,
tools to go after and rein in loan servicers that
do cross the line.
The bill will result in a benefit
to consumers, who will better understand their obligations
and all their rights to be protected from harassment,
misstatement, and abuses.
But this is only one step in addressing our broken system
of paying for higher education.
When we see that UMass tuition and housing now
cost about $30,000 a year, and a Community College tuition
and fees continue to rise, we must do more.
Education is a lead driver of our state's
economic prosperity.
We know we must maintain our highly-educated workforce,
and we must make it more of a priority
to ensure the young people we are educating
can afford to remain here.
Education should be for all, and not just for the privileged.
I want to again thank Senator Lesser for his work
on the issue, and hope that we can implement more policies
to make public college affordable,
as well as providing support for vocational and technical
training.
Thank you.
Several amendments have been filed
which will be considered at this time.
Turn to the first amendment, which
was by Senator Brownsberg, which was withdrawn.
The second amendment-- the question
of the second amendment by Senator Tarr,
the title of which the clerk will read.
Amendment number 2, by Mr. Tarr, Ombudsman Annual Report.
The senator from Essex and Middlesex, Mr. Tarr.
Thank you, Madam President.
Madam President, I move that amendments 2, 3, and 4
be temporarily held.
Amendments 2, 3, and 4, if there is no objection,
will be temporarily on hold.
Brief recess
[GAVEL STRIKING BENCH]
The one that you're working out, that's 5?
[INAUDIBLE]
5?
Number 5, offered by the gentleman from 1st
Essex and Middlesex, Mr. Tarr, the title
of which the clerk will read.
Amendment number 5 by Mr. Tarr, Student Loan Servicer.
All those in favor of question number 5, say I, opposed, no.
The nos have it, and the amendment is not adopted.
We will then go to amendment number 6,
offered by the gentleman from 1st
Suffolk and Middlesex, Mr. Boncore, the title
of which the clerk will read.
Amendment number 6 by Mr. Boncore,
Student Loan Assistance Trust.
[GAVEL STRIKING BENCH]
Brief recess.
I recognize the senator from 1st Suffolk and Middlesex, Mr.
Boncore.
Thank you, Madam President, through you, to the members.
I am for the edification of the amendment.
I would like to speak, and I hope
that amendment 6 is adopted.
This amendment would establish a student loan assistance
trust fund.
That fund will be administered by the attorney general's
office, and the funds there will be managed by the ombudsman
that this bill creates.
The monies will go to provide people with student loans
with technical assistance in the areas of providing counseling,
assisting and resolving complaints,
as well as conducting investigations
of bad actors in the loan business,
and as well as litigating on behalf of students.
These funds can be appropriated in the general fund,
however, it is the essence and hope
that this fund will be funded by the attorney general's
litigation and any funds received
in penalties paid by bad actors in the student loan game.
I want to thank the senator from Longmeadow, my good friend,
for taking this issue, working on this bill,
and hopefully we will be making it a reality shortly.
I ask the members to support this amendment.
Thank you.
The question now comes on adoption of the amendment.
All those in favor, say aye, opposed, no.
The ayes have it, and the amendment is adopted.
Number 7 is on hold.
Brief recess.
[GAVEL STRIKING BENCH]
The Senate will come to order.
Amendments 2 and 3 have been withdrawn,
and now we are on [INAUDIBLE] 4, which has been redrafted,
authored by the gentleman from Essex and Middlesex,
Mr. Tarr, the title of which the clerk will read.
Amendment number 4 by Mr. Tarr, Division of Banks.
Mr. Tarr.
Thank you, Madam President, and through you, the members.
Madam President, I appreciate the gentleman
from Longmeadow working on this with us
so that we could hybridize several concepts
into a single important amendment, which essentially
dictates how information flows with regard to investigations
that may happen in instances where there may be
a violation of some of the provisions of the bill
so that we ensure that those that were involved
in those investigations can share information which
is critically important to the effectiveness
of the investigation.
But also, Madam President, it keeps information confidential
that needs to be confidential while still allowing
it to be disclosed when it's in the interest of consumer
protection.
In addition to that, Madam President,
the amendment modifies the annual report
that needs to be done under the bill
so that it's done by the ombudsman, who's in the best
position to have the most information to make
such an annual report.
And so, Madam President, there are a number
of important and necessary changes
that are included in this amendment.
Again, it's been a very collaborative approach.
I appreciate my good friend, who is the Prince of Millennials,
for his work on this, and I hope the amendment is adopted.
The senator from 1st Hampden and Hampshire, Mr. Lesser.
Thank you, Madam President, through you, to the members.
I want to thank my colleague from Gloucester,
the distinguished minority leader,
for his collaborative approach to this amendment.
I do want to reiterate that the language that we've agreed to
does not interfere with the ability of the Student Loan
Ombudsman and the Division of Banks
to sync up with each other and share information
in coordination.
That's the entire point of this bill,
to enhance coordination and information
sharing between the Ombudsman's Office
and the Division of Banks, and the confidentiality provisions
which are similar to other provisions
around other licensing regimes that the Division of Banks
overseas, and that other organs of state government oversees
should in no way inhibit the public policy interests
where there will be a disclosure of the student loan servicer's
conduct.
The entire point, again, of this bill
is to shine a light on an industry that
has been operating in the shadows both nationally
and in this state as well.
Thank you, Madam President.
I hope the amendment is adopted.
The question now comes on adoption of the amendment.
All those in favor, say aye, opposed, no.
The ayes have it, and the amendment is adopted.
The next amendment's number 7.
The next amendment is number 7, offered by the lady
from the 2nd Middlesex and Norfolk, Ms. Spilka,
the title of which the clerk will read.
Amendment number 7 by Ms. Spilka--
corrective amendment.
The question now comes on adoption of the amendment
of Ways and Means amendment.
All those-- no, excuse me, the corrective amendment.
All those in favor, say aye, opposed, no.
The ayes have it, and the corrective amendment
is adopted.
The question now comes on adoption of the Ways and Means
amendment.
All those in favor, say aye, opposed, no.
The ayes have it, and the Ways and Means amendment is adopted.
Question now comes on ordering the bill
to a third reading as amended.
All those in favor, say aye opposed, no.
The ayes have it, and the bill is ordered to a third reading.
Third reading of the bill.
An act establishing a Student Loan Bill of Rights,
senate number 2380 amended.
The bill has been read a third time.
The question now comes on passing the bill
to be engrossed.
The roll call having been ordered,
the clerk will call the roll.
The clerk will call the chair.
Harriette L Chandler.
Yes.
Michael J Barrett.
Joseph A Boncore.
Yes.
Yes .
Michael D Brady.
William N Brownsberger.
Yes.
Sonia Chang-Diaz.
Cynthia Stone Creem.
Yes.
Brendan P Crighton.
[INAUDIBLE]
Yes.
Julian Cyr.
Yes.
Viriato M deMacedo.
Yes.
Sal M DiDomenico.
Yes.
James B Eldridge.
Yes.
Ryan C Fattmann.
Yes.
Paul R Feeney.
Yes.
Cynthia Friedman.
Yes.
Anne M Gobi.
Yes.
Adam G Hinds.
Yes.
Donald F Humason, Jr.
Yes.
Patricia D Jehlen.
John F Keenan.
Yes.
Eric P Lesser.
Yes.
Jason M Lewis.
Yes.
Barbara A L'Italien.
Yes.
Joan B Lovely.
Yes.
Mark C Montigny.
Yes.
Michael O Moore.
Yes.
Patrick M O'Connor.
Yes.
Kathleen O'Connor Ives.
Yes.
Marc R Pacheco.
Yes.
Michael J Rodrigues.
Yes.
Yes .
Stanley C Rosenberg.
Yes.
Richard J Ross.
Yes.
Michael F Rush.
Karen E Spilka.
Yes.
Bruce E Tarr.
Yes.
Walter F Timilty.
Yes, sir.
Yes.
Dean A Tran.
Yes.
Jame T Welch.
[INAUDIBLE]
--of 3rd Middlesex, Mr. Barrett.
[INAUDIBLE] affirmative [INAUDIBLE]
Michael J Barrett votes yes.
Have all members been reported?
The Center from 2nd Suffolk, Ms. Chang-Diaz.
[INAUDIBLE]
Sonia Chang-Diaz votes yes.
The senator from Hampden, Mr. Welch.
[INAUDIBLE] in the affirmative.
James T Welch votes yes.
Have all members been reported?
[INAUDIBLE]
Under Senate rule 57, the the court officer
will cast a vote for Senator Jehlen.
Patricia D Jehlen.
Yes.
Have all members been reported?
[GAVEL STRIKING BENCH]
36 [INAUDIBLE] in the affirmative.
On this matter, 36 in the affirmative,
none in the negative.
The question-- the bill has been passed to be adopted.
Brief recess.
[GAVEL STRIKING BENCH]
If there is no objection, we will
take one matter out of the orders of the day out of order.
The senator from Bristol and Plymouth, Mr. Rodrigues,
has presented an order, which the clerk will read.
An order relative to the question
of the pending acquisition of my Mount Ida
college by the University of Massachusetts, Senate number
2417.
Under the rules referred to the Committee on Rules,
report of the committee.
The Committee on Rules, to whom it was referred,
sent Senate order reports recommending
that it ought to be adopted.
Mark C Montigny for the committee.
The senator from 1st Essex and Middlesex, Mr. Tarr.
Thank you, Madam President, and through you, to the members.
Madam President, there is an order
that has now emerged on today's calendar,
and it is offered by the gentleman from Fall River.
And I'm hoping that he will explain
to us the nature of the order before the Senate consider
taking action on it.
Thank you, Madam President.
The senator from 1st Bristol and Plymouth, Mr.
[AUDIO CUTS OUT]
Thank you, Madam President and through you, to the members.
Let me first start by thanking the gentlemen
from Essex, our esteemed minority leader,
for asking the question.
Before the body at this time is an order
referring and requesting that our Senate Committee
on Post Audit and Oversight conduct a public hearing
on the merits of the pending acquisition of Mount Ida
college by the University of Massachusetts.
These Merit specifically relate to the fiscal impact
that it will have on the Commonwealth of Massachusetts.
We have read in the paper--
and that's all we know, because any information we've received
is only what we've read in the paper
--that UMass will be assuming between $55 million and $70
million of debt.
We also want to know the impact that this pending
acquisition would have on the well being of our students.
I personally have received three phone calls
from constituents whose daughters
are at Mount Ida in programs that are not
offered at UMass Dartmouth, those being specifically
vet tech--
veterinary technician program, and the dental hygienist
program.
And I received another phone call from a parent
whose daughter attended Mount Ida on an athletic scholarship,
and what happens to her scholarship?
Is she allowed to play?
Do NCAA rules allow her to play at UMass Dartmouth?
Will she be accepted at UMass Dartmouth in her program?
And this body, Madam President, this great Senate
has prided itself on being as open and as transparent
as we could possibly be to the citizens that we represent.
This body also holds those public institutions
of which utilize tax payers' dollars
to maintain that same levelness of open and transparency.
Now it appears that under the cover of darkness,
without any questions, without any notification to either
is in the legislature--
I don't know about the governor and his administration.
I haven't spoken to the governor's administration,
but certainly those of us who are UMass alums, those
of us who care very, very deeply about the stability
and the long-term viability of our UMass campuses,
I being very concerned about UMass Dartmouth.
I can only imagine how I would feel
if I was an alum of UMass Boston,
and UMass Boston was in my district,
as they are bleeding at UMass Boston,
in dire need of capital investment at UMass Boston.
But we just take it upon ourselves
without any public discourse or discussion
to assume $55 million to $70 million.
And by the way, that $50 million is a big delta.
$55 million to $70 million of debt for a Mount Ida
campus of UMass Amherst.
So I look forward to working with the gentlelady, the chair
of the Committee on Post Audit and Oversight,
the gentleman, the chair of the Committee on Higher Ed,
as hopefully we and then our constituents,
those who we represent, those who
pay the taxes in the Commonwealth of Massachusetts,
can have the answers to the questions
that they rightfully deserve, hopefully
before this transaction is fully consummated.
So Madam President, I hope this order is adopted.
The senator from Essex and Middlesex, Mr.--
Thank you, Madam President.
Madam President, it is worthy of note
that this particular order moved very quickly
through the Committee on Rules, and I
am surmising from that very expeditious action
that the Rules Committee must consider this
to be a matter of fair urgency.
And Madam President, I'm hoping that the distinguished chairman
of the Committee on Rules could opine on the committee's work
relative to moving this as quickly as it
has moved to the floor.
And perhaps, Madam President, he may also
have some insight into the substance of the order.
Hope may be realized, because our next speaker is
the gentleman from 2nd Bristol and Plymouth Mr. Montigny.
Madam President, I would be happy to attempt to answer
the gentleman's inquiry.
The power of the chair, I am always aware,
that the majority can temper any of my untethered passions,
even on matters like this.
So please understand the timing was based
on the urgency of the matter.
And I know the minority leader knows this
because he's been very supportive of the effort.
And first I want to commend my colleague, the senator
from Westport, who shares a district that
relies pretty heavily on the institution, UMass Dartmouth.
But I also want to share a very quick history.
So when I attended that institution,
there were four in my family, believe it or not,
at the same time at that institution.
We used to call it Irish quadruplets back in the day.
And all four of us had been accepted
to private institutions, and we couldn't afford it.
And all four of us graduated from that institution.
Try to do that today on a middle class income.
Why am I saying that?
Because if this were one event, one decision
by the trustees in isolation, we might not
have been so quick to refer this to the Post Audit Committee.
And by the way, as chair of Rules,
we process the order technically,
but I'm here to join my colleagues
as a passionate sponsor of the substance of it.
This is exactly what the Post Audit
Committee, which I formally chaired, is designed to do.
And I have the highest respect for the current chair,
and I know that the gentlelady will conduct this
with a sense of urgency, but also that we'll
get the answers that we should have
had before we read about it in the Boston newspapers.
It's outrageous on many fronts.
I won't bore you with the details of what I feel.
But again, if it were not a pattern,
perhaps I wouldn't be as concerned.
And I might have said as a courtesy,
why don't we call in the folks, and let them explain.
Too late for that.
This is a public institution entering a deal
with a private institution.
We've heard from many of the students
at Mount Ida who are deeply concerned and angry.
But we've also heard from folks, for instance,
I wonder how it felt to wake up and read the newspaper.
I still read the hard copy, so you actually
wake up and read it.
I'm sure there were people that knew online throughout the day
and were concerned.
But think about working at UMass Boston
or attending UMass Boston, and you've
watched this beautiful campus fall apart.
And you've been told in a sense by the system,
you're on your own.
They're laying off janitors and others to fill gaps.
And yet we're going to buy this sort of country club
because we want to offer internships and a place
for our alumni from Boston to come and hang out.
Think about that, if you're at UMass Boston.
The last time I went out to UMass Boston
and to the similarly situated property of the JFK Library,
I thought, what a beautiful place this
is to entertain alumni.
What a great place it is for internships
and corporate partnerships.
So I thought that sales pitch for the deal was
somewhat condescending, but again, irrelevant.
Because the more important thing is,
as the gentleman from Westport suggested--
I think he called it under cloak of darkness,
or veil of secrecy--
we read about this in the newspaper.
We are the proxy for the taxpayer.
The trustees may think they are from time to time,
but the proxy for the taxpayer are we elected officials.
And here's what I know.
UMass has become unaffordable for families like mine
if I were--
[GAVEL STRIKING BENCH]
Yes.
Senator Tarr.
Thank you, Madam President.
I do know that the chairman of the Rules Committee
is very passionate, and he is trying to share with us
some very salient facts, and yet even
despite his passionate articulation,
I'm having a hard time hearing him.
And so I'm hoping that you could bring the Senate to order.
Thank you.
The Senate, please take your conversations outside.
Thank you.
Continue.
And what the audience-- well, the audience that's
here in the physical sense knows full well,
but the TV audience may not realize the gentleman really
is saying, you've said enough.
I asked you a technical question,
and you're still talking.
So he's not doing that, Madam Pres.
Let me finish with this.
So I represent UMass Dartmouth, so one would assume
I think this is a great deal.
We're going to assume the tuition and the bright minds
of perhaps several hundred students.
But even we have concerns when we look at this quest.
And it was a former chancellor who
cut a deal on a no-bid contract to build dorms
without union labor.
And this was a big controversy some years ago.
And we know why.
Everybody knows why.
You can get triple the tuition when
you bring in international students, which by the way,
I think is a great addition to any student body.
But we should be mindful of the mission of the institution.
You can get double the tuition from out-of-state students,
so there's always this quest to bring in those folks.
Again, it's great.
You bring all these bright minds,
and you ensure diversity.
But when you have institutions like Mount Ida
that are doing specific things, and you
aggrieve the students who are in debt now, some for a long time.
And then you have UMass Boston that's
crying for help to fix their campus,
and you have UMass Dartmouth saying,
hm, we used to be an institution that put the region first,
and now my suspicion, perhaps, is
this is a great way to fill unoccupied dorm space.
That may be a very good idea, and this
may be a great solution for Mount Ida,
and it may be a great solution for UMass Dartmouth,
but what I do know is this is a public institution,
and oftentimes the attitude of the leaders
of this public institution is--
and we've heard them say it, by the way,
over and over, you don't even give us x.
So this, you know, we hear different figures quoted,
and we only pay x percent of the school budget
comes from the legislature.
Well x percent, guess what it adds up to?
Over $500 million a year of taxpayer money.
And the proxy for the taxpayer-- that's me
and 199 other people here in this building--
we are the proxy, and we read about this deal
in the newspaper.
It's wrong, and if it were the first time and not a pattern,
I would not have co-sponsored the order.
I would still do my duty as the Rules chairman,
and respect the gentleman and others, but I co-sponsored it.
Even though UMass Dartmouth might in the end
benefit from this, and I might be the first one
to tell you the deal makes sense, I can't tell you that,
and that's why Post Audit needs to immediately engage.
And I have the strongest faith in the chairwoman
of the committee.
But it also should be a lesson.
Public institutions, whether we fund a nickel or $500 million,
are answerable to the public through the Senate,
and the House, and the governor.
End of story.
Senator from Bristol and Plymouth,
Mr. Rodrigues moves that the rules
be suspended that the matter may be considered forthwith.
All those in favor signify by saying aye, opposed, no.
The ayes have it, and the rules are suspended.
The question now comes on adoption of the order.
All those in favor signify by saying aye, opposed, no.
The ayes have it, and the order is adopted.
The Senate will stand a brief recess.
The Senate will come to order.
Just for the edification of the members
and your schedules for the rest of the day,
the chair has been advised that we're not expecting
any further roll calls today.
We have some business that can be conducted informally,
but no roll calls are expected.
One matter comes before the Senate for its final passage,
an act providing for the appointment of a treasure
collector in the town of Stockbridge.
The question comes on passing the bill to be enacted.
All those in favor signify by saying aye, all those opposed,
no.
The ayes have it, and the bill is passed to be enacted,
and will be signed by the president
and laid before the governor for his approbation.
The Senate will stand a brief recess.
[GAVEL STRIKING BENCH]
To order on page 3, calendar item 170.
The question comes on adoption of the order,
coming first on the pending motion
to lay the matter on the table.
The question comes on laying the matter on the table.
All those in favor signify by saying aye, opposed, no.
The ayes have it, and the matter is laid on the table.
The Senate will stand a brief recess.
[GAVEL STRIKING BENCH]
The Senator from the 1st Worcester district
offers an order which the clerk will read.
An order that when the Senate adjourns today,
to adjourn to meet again tomorrow at 11:00 AM.
[INAUDIBLE] be directed to dispense with the printing
of the calendar.
The question comes on adoption of the order.
Is there an objection?
The chair hears none, and the order is adopted.
The Senator from [INAUDIBLE] move that the Senate
be now adjourned.
The senator from New Bedford moves
that the Senate do now adjourn.
All those in favor signify by saying aye, opposed, no.
The ayes have it, and the Senate stands adjourned to meet again
tomorrow at 11 o'clock AM.
[GAVEL STRIKING BENCH]