Section 2 Massachusetts state gambling commission; creation; members; terms; powers and duties
Section 2. (a) There shall be a Massachusetts state gambling advisory commission, consisting of five members. Each member of the commission shall be (1) a citizen of the United States; and (2) a resident of the commonwealth. No person holding any elective office in the federal, state, or local government, nor any officer or official of any political party shall be eligible to appointment to the commission. It is the intention of the legislature that the commission shall be composed of the most qualified persons available; but no person actively engaged or having a direct pecuniary interest in gambling activities shall be a member of the commission. Not more than three members of the commission shall be of the same major political affiliation. The governor shall appoint three members of the commission and designate one member to serve as chairman of the commission. The attorney general of the commonwealth shall appoint one member of the commission. The auditor of the commonwealth shall appoint one member of the commission.
(b) The term of office of each member of the commission shall be five years except that, of the members initially appointed, one shall be appointed by the governor for a term of two years, one shall be appointed by the attorney general for a term of three years, one shall be appointed by the governor for a term of four years, one shall be appointed by the auditor for a term of five years, and one shall be appointed by the governor for a term of five years. After the initial term the term of office for each member of the commission is five years, provided that no member serve more than two consecutive terms of five year periods. Any vacancies shall be filled by the original appointing authority within sixty days of the occurrence of such vacancy. Any appointee shall continue in office beyond the expiration date of his term until the appointment of a successor but in no event longer than six months. Any commissioner may be removed by the governor for just cause, and shall be removed immediately upon conviction of any felony.
(c) The commission members shall devote that time to the business of the commission as may be necessary to the discharge of their duties. The members of the commission shall be compensated for work performed for the commission at twenty-five thousand dollars per annum, with the chairman receiving ten thousand dollars per annum in addition to his compensation. Commission members shall be reimbursed for traveling and other expenses necessarily incurred in the performance of official duties. Before entering upon the duties of his or her office each member shall swear that he or she is not pecuniarily interested in any business or organization holding a gambling license under this chapter, or doing business with any gambling service industry, as defined by this chapter and shall submit to the governor, attorney general and state auditor, a statement of financial interest required by chapter two-hundred sixty-eight B listing all assets and liabilities, property and business interests, and sources of income of said commissioner and his spouse. Such statement shall be under oath and shall be filed at the time of employment and annually thereafter. No commission member shall have any interest, direct or indirect, in any proposal reviewed by the commission or recommendation made by the commission to the General Court. Regular and special meetings of the commission may be held, at the discretion of the commission, at such times and places as it may deem convenient, but at least one regular meeting may be held each month on or after the fifteenth day of the month.
(d) The commission shall review proposals to legalize and establish various forms of gambling within the commonwealth. The commission shall make advisory recommendations solely to the general court concerning each proposal it reviews, but the commission shall have no power to approve any proposal and its recommendations are not binding on the General Court. No proposal reviewed by the commission or recommendation made to the General Court shall have any force and effect unless and until such a proposal or recommendation is statutorily approved and enacted. The clerk of the senate and the clerk of the house of representatives shall provide the commission with a copy of any petition relative to gambling filed in their respective branch. In reviewing proposals, the commission shall make specific findings with respect to: the amount of estimated tax and other revenue to the commonwealth; the amount of anticipated economic activity to be created by the proposal; the integrity and fiscal soundness of the offeror and the social impact of the proposal. The commission may make additional findings as it deems necessary and relevant. The commission shall make an annual report of its activities to the general court by March thirty-first, for the prior calendar year.
(e) The commission shall appoint and set the compensation of an executive director who shall oversee the staff of the commission and execute the duties and responsibilities assigned by the commission. The executive director of the commission shall direct his entire time and attention to his duties and shall not pursue any other business or occupation or other gainful employment.
(f) The executive director shall, within the limits of legislative appropriations or authorizations, establish personnel policies and employ and fix the salaries for the services of professional, technical and operational employees of the commission.
(g) The commission shall not be subject to the provisions of chapter one hundred and fifty E of the General Laws.
(h) No employee of the commission shall have any direct or indirect interest in any proposal reviewed by the commission or in any recommendation made by the commission to the General Court.