Volume 38-Report No. 4 • January 23-27, 2011
Copyright © 2011 Beacon Hill Roll Call. All Rights Reserved. By Bob Katzen
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THE HOUSE AND SENATE.  Beacon Hill Roll Call records the votes of local representatives on two roll calls from the week of January 23-27. There were no roll calls in the Senate.

Our Legislators in the House and Senate for Somerville:

Rep. Denise Provost
DISTRICT REPRESENTED: Twenty-seventh Middlesex. – Consisting of precinct 3 of ward 2, all precincts of ward 3, precinct 3 of ward 4, and all precincts of wards 5 and 6, of the city of Somerville, in the county of Middlesex.

Rep. Carl Sciortino
DISTRICT REPRESENTED: Thirty-fourth Middlesex. – Consisting of all precincts in wards 4 and 5, precinct 1 of ward 7, and precinct 2 of ward 8, of the city of Medford, precincts 1 and 2 of ward 4, and all precincts of ward 7, of the city of Somerville, both in the county of Middlesex.

Rep. Timothy Toomey
DISTRICT REPRESENTED: Twenty-sixth Middlesex. – Consisting of all precincts of ward 1, precinct 1 of ward 2, precincts 1 and 2 of ward 3, and precinct 1 of ward 6, of the city of Cambridge, and all precincts of ward 1 and precincts 1 and 2 of ward 2, of the city of Somerville, both in the county of Middlesex.

Sen. Sal DiDomenico
DISTRICT REPRESENTED: MIDDLESEX, SUFFOLK AND ESSEX. – Cambridge, ward 3, precinct 2, wards 6 and 7, ward 8, precincts 1 and 2, ward 9, precinct 1, ward 10, precinct 2, Everett and Somerville, ward 1, precinct 1, ward 2, precinct 1, in the county of Middlesex; Boston, ward 2, ward 21, precincts 4, 6 and 7, ward 22, precincts 1, 2 and 5, Chelsea and Revere, ward 6, in the county of Suffolk; and Saugus, precincts 2, 6 and 10, in the county of Essex.

Sen. Patricia Jehlen
DISTRICT REPRESENTED: SECOND MIDDLESEX. – Medford, Somerville, ward 1, precincts 2 and 3, ward 2, precincts 2 and 3, and wards 3 to 7, inclusive, Woburn, ward 2, and Winchester.

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END ABUSES AT STATE EDUCATION COLLABORATIVES (H 3889)
House 151-0, approved a bill making major changes in the regulation and operation of the state’s 30 education collaboratives that help teach children with special needs. The bill is in response to last year’s uncovering of the misuse of funds at the Merrimack Special Education Collaborative by former director John Barranco. He is accused of diverting $11.5 million in public funds to the center to raise his pay and that of some top executives. He is also accused of illegally using the collaborative’s credit card to charge some $50,000 in personal expenses.
The collaboratives would be managed by a board of directors comprised of one person appointed annually by each member school committee. All appointees must be either a school committee member or the superintendent of schools.
Other provisions include prohibiting board members from receiving a salary; requiring boards to institute generally accepted accounting practices; requiring collaboratives to file an annual report with their school committees; and authorizing the State Education Department, state auditor and Department of Revenue to periodically audit and review the records of each collaborative.
Supporters said last year’s abuse should never be allowed to happen again. They argued the bill would create accountability and transparency, and prevent fraud and financial mismanagement.  They noted the measure would help thousands of families of special needs children across the state who depend on these important services.
The Senate has approved a different version of the bill. The House version now goes to the Senate for consideration. (A “Yes” vote is for the bill.)
Rep. Denise Provost        Yes
Rep. Carl Sciortino          Yes
Rep. Timothy Toomey    Yes

ALLOW COMMUNITIES TO REMOVE DIRECTOR AND BOARD MEMBERS (S 2105)
House 35-116, rejected an amendment that would allow cities and towns to directly remove any member of the local collaboratives’ board of directors and the executive director. The removal question would go on the ballot if supporters collect the signatures of 2 percent of the registered voters in each municipality that participates in the education collaborative. The ballot question would then be considered at the annual municipal election or special election called for the removal.
Amendment supporters said this would make the director and the board accountable to local voters. They noted a recent disturbing trend of creating boards and commissions without any direct accountability.
Amendment opponents said the collaboratives bill includes many accountability mechanisms including one that allows board members to serve for only one year and then face reappointment. They noted since most board members are local school committee members, voters have the power to remove them from the board by forcing a recall of the school committee member in the local city or town. (A “Yes” vote is for the amendment giving voters the power of direct removal on the ballot. A “No” vote is against the amendment.)
Rep. Denise Provost        No
Rep. Carl Sciortino          No
Rep. Timothy Toomey    No

ALSO UP ON BEACON HILL

BAN HAND-HELD CELL PHONES (H 1817) – The Transportation Committee approved a bill that would ban the use of hand-held cell phones while driving. The measure would have Massachusetts join ten states that allow only hands-free phones. In 2010, the House supported a similar ban on handheld phones 92-66, but it was rejected 16-18 in the Senate.
Supporters say the amendment would save lives, prevent injuries and make the roads safer.
Opponents say the ban goes too far and is the same old unnecessary government intrusion into people’s lives. They note that there are already many existing laws that prohibit distracted driving.
The approval comes only a month after the National Transportation Safety Board called for all 50 states to implement a complete ban on motorist use of any cell phones.

TOO MUCH CHATTER ON HOUSE FLOOR – Rep. Denise Andrews (R-Orange) criticized her colleagues’ loud chatter and cell phone use during last week’s House debate on education collaboratives. “We wonder in today’s society why in the classroom teachers are not listened to. Yet, we sit here on Beacon Hill and do not listen to each other,” the freshman lawmaker said.
Chatter so loud that no one can hear the debate is commonplace in both the House and the Senate. Often times a legislator will complain to the speaker or senate president about the noise. The two presiding officers then ask members to quiet down or take their conversation outside. The chamber usually gets quiet for a while but the chatter often comes back in a few minutes.
Some legislators say the noise level has gotten worse over the years. Rep. Sarah Peake notes she sometimes leaves the chamber to go back to her office where she can watch and clearly hear the debate online.
Defenders say the conversation is part of the process of legislators getting to know each other and discussing legislation and other Statehouse matters. Some point out that legislators have often been briefed on many of the proposals being debated and do not find it necessary to listen to the arguments.

INSURANCE – The Financial Services Committee held a hearing on legislation that would prohibit insurance companies from charging different rates or providing different benefits or terms on any policies on the basis of gender (S 414, H 1172). The measure would expand a 2008 law that prohibits the use of gender as a factor in the sale and payout of an annuity policy.
Other measures on the hearing agenda include prohibiting insurance companies from reducing the benefit amount paid under a private disability policy by the amount of benefit the person receives from federal Social Security disability benefits (S 445); prohibiting health insurance companies from denying benefits if the injured person was drunk or under the influence of drugs (S 471); and making the state’s insurance commissioner an elected rather than appointed office (H 1208). One of the commissioner’s duties is to set auto insurance rates following a series of public hearings. Massachusetts is the only state in the nation that gives the commissioner this power; other states set their rates by law or by a competitive free market.

BAN STYROFOAM PACKAGING (S 1034) – The Municipalities and Regional Government Committee held a hearing on a bill allowing cities and towns to ban the commercial sale and use of any Styrofoam and other polystyrene containers. Styrofoam is the Dow Chemical Company’s brand name of polystyrene. These containers are the familiar white plastic foam that supermarkets, fast food and other restaurants use to package and serve food and drinks.

COMMUNITIES RECOVER COSTS (H 3745) – The Municipalities and Regional Government Committee’s agenda also included a bill that would allow cities and towns adversely affected by extended power outages to recover some costs from the utility companies. Costs covered would include those incurred as a result of the municipality paying personnel to monitor downed power lines.

NO ROBOCALLS TO CELL PHONES (H 3858) – The Consumer Protection and Professional Licensure Committee held a hearing on a bill that would prohibit robocalls to cell phones and other mobile electronic devices. The measure exempts messages from school districts to students, parents or employees; companies advising employees of work schedules; correctional facilities advising victims; and municipalities and state government.

ASSESSORS (S 2081) – The Municipalities and Regional Government Committee held a hearing on several bills including one that would require that local city and town assessors be state-certified or state-licensed. Supporters say this requirement will lead to improved accuracy in assessing property to the benefit of property owners, cities and towns, and the Department of Revenue.

TREATMENT OF CIRCUS ELEPHANTS (S 1706) – The Committee on Tourism, Arts and Cultural Development will hold a hearing on February 13 at 10 a.m. on legislation that would ban the use of bullhooks and chains on circus elephants. Violators would be punished by up to a $5,000 fine and/or a year in jail.
Supporters of the ban say circus elephants are abused and routinely beaten with bullhooks inserted into their skin. A bullhook is a weapon that resembles a fireplace poker, with a sharp steel hook at one end.
Opponents say bullhooks simply help guide and train elephants, and argue that existing animal abuse laws already cover elephants.

QUOTABLE QUOTES – Special Edition: Gov. Deval Patrick files $32.3 billion fiscal 2013 budget.

“Under this budget, Massachusetts will create more jobs, further reduce the cost of health care, bring us closer to closing the achievement gap and build safer communities for our families.” – Gov. Patrick.

“The (Patrick) Administration has made it apparent that they seem keen on balancing the New Hampshire state budget by raising the sales tax on cigarettes and other tobacco products here in the Bay State.” – House Republican Leader Bradley Jones (R-North Reading) commenting on Patrick’s proposal to raise an estimated $62.5 million by raising the sales tax on cigarettes by 50 cents per pack.

“We applaud Gov. Patrick for including funding to make the resounding Supreme Judicial Court decision requiring justice to prevail for the immigrants of Massachusetts a reality. We welcome the opportunity to work with the Patrick Administration to reinstate legal immigrants into Commonwealth Care as quickly and effectively as possible.” – Amy Whitcomb Slemmer, Executive Director of Health Care for All.

“Gov. Patrick has recommended level funding HIV/AIDS and viral hepatitis, but it’s not enough. In the last five years, state funding for HIV and viral hepatitis has been cut by $5 million.” – Rebecca Haag, AIDS Action President & CEO.

“It’s a money maker. For every dollar spent on the Bureau of Special Investigations (BSI), the Commonwealth sees almost $2.50 in identified fraud. The use of new technology in these new positions will enable us to go on the offensive against fraud.” – State Auditor Suzanne Bump on Patrick’s proposal to fund a new five-person unit that would use new technology to help prevent and stop fraud in the state’s public benefits system.

“We are disappointed the governor did not provide adequate funding for people living with disabilities and their families, particularly family supports. In addition, there are 710 students graduating high school with special needs, and most of them will lose out on services with this budget.” – Leo Sarkissian, the executive director of The Arc of Massachusetts, a nonprofit group whose goal is to enhance the lives of individuals with intellectual and developmental disabilities and their families.

“Fiscal discipline is only half an aspirin. We need a full-blown reform of the way we tax and regulate small businesses in Massachusetts. Raising taxes won’t fix the structural problems.” – Bill Vernon, Massachusetts director of the National Federation of Independent Business.

HOW LONG WAS LAST WEEK’S SESSION?

Beacon Hill Roll Call tracks the length of time the House and Senate were in session each week. Many legislators say legislative sessions are only one aspect of the Legislature’s job and that a lot of important work is done outside of the House and Senate chambers. They note that their jobs also involve committee work, research, constituent work and other matters that are important to their districts. Critics say the Legislature does not meet regularly or long enough to debate and vote in public view on the thousands of pieces of legislation that have been filed. They note that the infrequency and brief length of sessions are misguided and lead to irresponsible late night sessions and a mad rush to act on dozens of bills in the days immediately preceding the end of an annual session.
During the week of January 23-27, the House met for a total of four hours and seven minutes while the Senate met for a total of 2 hours.

Mon. January 23
House 11:01 a.m. to  11:07 a.m.
Senate 11:01 a.m. to  11:15 a.m.

Tues. January 24
House  11:00 a.m. to   2:45 p.m.
Senate  1:00 p.m. to   1:43 p.m.

Wed. January 25
No House session
No Senate session

Thurs. January 26
House 11:00 a.m. to  11:16 a.m.
Senate 11:01 a.m. to  12:04 p.m.

Fri. January 27
No House session
No Senate session

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Bob Katzen welcomes feedback at bob@beaconhillrollcall.com