THE HOUSE AND SENATE. There were no roll call votes in the House or Senate during the week of October 13-17.

Beacon Hill Roll Call has obtained the official list from the state treasurer's office of "per diems" collected by the 40 state senators in 2008 for mileage, meals and lodging expenses. The list reveals that senators have collected a total of $65,331. Per diems are paid by the state to senators "for each day for travel from his place of residence to the Statehouse and return therefrom, while in the performance of his official duties, upon certification to the state treasurer that he was present at the Statehouse."

The amount of the per diem varies and is based on the city or town in which a senator resides and its distance from the Statehouse. These payments are not taxable and range from $10 per day for senators who reside in the Greater Boston area to $90 per day for some Western Massachusetts lawmakers and $100 per day for those in Nantucket. Senators who are from areas that are a long distance from Boston's Statehouse often are the ones who collect the highest total of annual per diems.

The Legislature in 2000 approved a law doubling these per diems to the current amounts. Supporters of the hikes defend the raise and note that the per diems had not been increased for many years despite the rising costs of travel, food and lodging. Some opponents say that the hikes were excessive. Others argue that the very idea of paying any per diem is outrageous when the governor last week cut some $900 million from the state budgets and most other private sector and state workers are not paid additional money for commuting.

These per diems are paid to senators above and beyond their annual salaries which in January 2007 were raised 4.8 percent from $55,569.41 to $58,236.74 under the terms of a constitutional amendment approved by the voters in 1998. The amendment requires legislative salaries to be increased or decreased biennially at the same rate as the state's median household income for the preceding two-year period - as ascertained by the governor. All 40 senators also receive additional stipends ranging from $7,500 to $35,000 for serving as committee chairs or in other leadership positions.

The 2008 statistics indicate that 24 senators have received per diem payments ranging from $430 to $6,930 and that 16 senators have so far chosen not to apply for any money. State law does not establish a deadline that senators must meet in order to collect the per diems.

The senator who received the most per diem money in 2008 is freshman Sen. Benjamin Downing (D-Pittsfield) with $6,930. Downing is one of 40 senators but he received more than 10 percent of the total per diems collected in 2007 by all 40 senators. The other recipients in the top five include Sens. Stanley Rosenberg (D-Amherst) $6,180; Michael Knapik (R-Westfield) $5,742;  Stephen Brewer (D-Barre) $5,400 and Marc Pacheco (D-Taunton) $3,996.

LOCAL SENATORS' PER DIEMS FOR 2008

Here are the numbers of days that local senators certified that they were at the Statehouse during 2008 through October 16. Also included is the total amount of per diem money that the state has paid the senator in 2008. A total of 16 senators did not list any days and did not request any per diems. This should not be construed to mean that these 16 senators were never at the Statehouse in 2008. It simply means that they chose not to list the number of days and not to request their per diems.

Sen. Robert Hedlund    0   days ($0)

ALSO UP ON BEACON HILL

$1 BILLION PLUS IN BUDGET CUTS AND SPENDING CONTROLS - Gov. Deval Patrick slashed more than $900 million in state spending including $755 million in cuts across state agencies and the axing of some 1,000 state jobs. Other provisions include using $200 million from the state's "Rainy Day Fund" and $168 million in new revenues including $100 million from expected settlement of tax cases in which the state is owed money. Patrick is allowed under state law to unilaterally make most of the cuts but some of them require legislative approval. Patrick said that the cuts are necessary to help close an estimated budget deficit of $1.4 billion. A list of budget cuts can be found online at http://www.mass.gov/bb/gaa/fy2009/app_09/h9csummary.htm

TAX CREDIT FOR DONATING CONSERVATION LAND (H 5080) - The House approved and sent to the Senate legislation giving a state income credit to landowners who donate "natural resource" land to the state or a nonprofit organization. The taxpayer would receive a tax credit equal to 50 percent of the appraised fair market value of the land. The credit is capped at $50,000 for each landowner and a statewide total of $2 million annually. According to Mass Audubon, eligible donations would include land that "protects drinking water supplies, unfragmented wildlife habitat, agricultural and forest products, archaeological and historical resources, scenic vistas, and recreational opportunities." Supporters, noting that 13 other states offer this environmental tax credit, said that it would increase the amount of land that is donated. They noted that many people do not donate land because of the costs involved including land appraisal and attorney fees. They argued that the small loss in state revenue is miniscule when compared to the well being of the state and its important natural resources. Opponents said that in light of the $900 million in program cuts that are being made to close a state deficit, the state is not in a position to offer tax relief.

LOW SPEED VEHICLES (H 4377) - The House approved and sent to the Senate a bill regulating the use of increasing popular "low speed vehicles" with a maximum speed capacity of between 20 and 25 miles per hour. The best known of these vehicles is the electric-powered Chrysler Neighborhood Electric Vehicle (NEV). The legislation also requires these vehicles and their drivers to follow the same registration and licensing requirements that currently apply to regular cars. Another provision bans NEVs from traveling on roads with speed limits over 30 miles per hour. Supporters said that current law essentially bans these environmentally friendly, energy efficient, cost effective vehicles from all roads. They argued that the proposal would allow their use while strictly regulating them in order to ensure safety.

ANIMAL CRUELTY (H 1527) -  The Senate approved a House-approved bill increasing the penalty for being present at an animal fight from a fine of up to $250 and/or 30 days in jail to a fine of up to $1,000 and/or five years in jail. The new version includes Gov. Patrick's change that eliminates a section from the original bill that also made it a new crime to possess or distribute videos or audio recordings that depict the torture of or cruelty to animals. Patrick said that the section is unconstitutional and would have prohibited free speech. The governor also noted that the creation of the new crime would prohibit animal rights groups from posting on their website depictions of animal cruelty in order to raise public awareness of animal abuse and to promote tougher state laws. Only final approval is needed in both branches prior to the measure going to the governor.

MAKE SALVIA ILLEGAL (H 4434) - The House approved and sent to the Senate a proposal classifying Salvia Divinorum as a class C substance and making its use illegal in Massachusetts. Salvia Divinorum, found primarily in Mexico, is also known as Salvia, Diviner’s Sage and Sage of the Seers. Supporters of the ban said that Salvia, already banned in eight states, is an increasingly popular and dangerous mind-altering drug that produces hallucinations and long-term perception disorders and has been linked to some violence and suicides. They noted that it is being glamorized on YouTube and argued that it is time to crack down on this dangerous substance. Opponents of the ban, noting that the substance is legal in all countries except Australia, said that Salvia is not a hallucinogen and argued that small doses have been used responsibly and safely by adults for years for divination, healing, meditation and the exploration of consciousness. They said that the Youtube videos are anecdotal and are creating hysteria and a misguided movement to ban the substance. They argued that banning Salvia would put an end to promising research that it can be used to successfully treat many diseases and conditions including bipolar disorder, schizophrenia, Alzheimer's addiction, depression and pain.