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Beacon Hill Roll Call
By Bob Katzen   
Friday, November 07, 2008 12:10 PM
THE HOUSE AND SENATE. Beacon Hill Roll Call records local representatives and senators' votes on two roll calls from prior legislative sessions. There were no roll call votes in the House or Senate last week.

PROHIBIT RENTING OF PETS (H 5006)
A new law banning companies from offering dogs and cats for rent took effect last week. The measure imposes up to a $500 fine on violators. It was originally filed following an announcement that FlexPetz had plans to open a Massachusetts office that offers pets for short term rentals. The company's website says that rental is "a unique concept for dog lovers who are unable to own a full-time doggy pal and miss spending time with a canine friend." Supporters of the ban said that the service is misguided and morally irresponsible because it treats dogs like a piece of rental equipment. They argued that dogs should be lifelong companions rather than one-night rentals. The House had approved the new law on a 157-0 roll call vote while the Senate passed it on a voice vote without a roll call. (A "Yes" vote is for the ban).
Rep. Thomas Calter    Yes                               Rep. Daniel Webster    Yes                          

MENTAL HEALTH PARITY (S 2840)
A new law requiring health insurance plans to provide full insurance benefits for four additional non-biologically-based mental health conditions including eating disorders, post-traumatic stress disorder, substance abuse and autism took effect last week. Treatment of these four conditions were limited under prior law which offered full coverage only for specific biologically-based mental health conditions including schizophrenia, schizoaffective disorder, major depressive disorder, bipolar disorder, paranoia and other psychotic disorders, obsessive-compulsive disorder, panic disorder, delirium and dementia and affective disorder. The House had approved the new law on a 154-1 roll call vote while the Senate passed it on a voice vote without a roll call.

Supporters said that the new law would ensure that these four non-biologically-based mental illnesses are treated the same as biologically-based ones and physical illnesses. They argued that this is a small price to pay to help thousands of people become or remain active contributors to society. Some legislators who voted for the bill noted that the House had originally approved a broader bill that would require health insurance plans to provide mental health benefits for all non-biologically based mental disorders at the same level that they currently provide benefits for biologically based mental disorders and physical medical conditions. They noted that this weaker version cherry-picks a few more disorders for full coverage while still leaving out others including mental retardation, learning disorders, motor skills disorders, communication disorders, caffeine-related disorders and relationship problems. They said that they still support that broader version but voted for this narrower one because it is at least a step in the right direction and was better than not having any expansion. The lone opponent said that the details of the new law were not clear at the time of the roll call vote. He noted that it was unclear whether the House version or the Senate version was up for consideration. (A "Yes" vote is for the bill mandating full coverage for four more mental illnesses. A "No" vote is against the bill).
Rep. Thomas Calter    Yes                               Rep. Daniel Webster    Yes                          

ALSO UP ON BEACON HILL

ATTEMPT TO REPEAL THE LAW ALLOWING OUT-OF-STATE SAME-SEX COUPLES TO MARRY IN MASSACHUSETTS FAILS - MassResistance announced that it has failed in its effort to gather sufficient signatures to place a question on the 2010 ballot asking voters whether they approve of a new law that allows out-of-state same-sex couples to marry in Massachusetts. The new law, approved by the Legislature and signed by Gov. Patrick in July, repealed a 1913 law that prohibited out-of-state couples from getting married in Massachusetts if their home state does not recognize the union. State officials had been using the 1913 law to prevent out-of-state same-sex couples from marrying here. Mass Resistance, a group that opposes same-sex marriage, had launched a campaign to gather the 33,000 signatures necessary to place the question on the ballot. A statement from MassResistance said, "It seemed like we had a lot more signatures. But when we counted them up just before delivering them to the Secretary of State's office, there were less than 11,000 certified signatures, about a third of what was needed."

Supporters of the new law say that the 1913 antiquated law was repealed because it was an endorsement of discrimination and argued that it was originally put on the books to block interracial marriages. Some note that the new law would lead to many more visitors to Massachusetts and would be an economic boon. They say that MassResistance is a fringe group that is listed as a Hate Group by The Southern Poverty Law Center. MassResistance opposes same sex marriage under any circumstances. Its website says, "Research shows that homosexual relationships are fundamentally dysfunctional on many levels, and marriage as we know it isn’t something they can achieve, or even desire." The defeat of same-sex marriage in California last week leaves Massachusetts as the only state that permits it.

PROTECT MILITARY FAMILIES FROM PREDATORY INSURANCE SALES (H 4508) - The Senate approved legislation allowing the state's insurance commissioner to establish and adopt rules and regulations to protect members of the military and their families from unscrupulous sales practices of companies and individuals that sell insurance. Supporters said that a federal act requires states to adopt a law providing this protection. They noted that when soldiers go overseas, they are concerned with protecting their family and are often easy prey for these misleading and irresponsible practices. The House has approved a different version of the measure. The Senate version now goes to the House for consideration.

HOW TO FILL A U.S. SENATE VACANCY - There is talk on Beacon Hill by some Democrats about changing a 2004 law that took away the power of the governor to appoint a temporary replacement for any U.S. Senate seat that becomes vacant in Massachusetts and instead requires that a special election be held within 145 and 160 days. There is some talk by Democrats of repealing the 2004 law and giving the appointment power back to the governor.

Republicans in 2004 accused Democrats of taking away this gubernatorial power because former Gov. Mitt Romney was in power and would have appointed a Republican to fill Sen. John Kerry's seat if he was elected president. Democrats argued successfully that this 100-year-old appointment system was archaic and took power away from the voters by allowing a governor to unilaterally make this important appointment. Roles may reverse this year because Democratic Gov. Deval Patrick would have the appointment power amidst the illness of Sen. Edward Kennedy and rumors of Kerry taking a position in the Obama administration.

PLAQUE TO HONOR AFRICAN-AMERICANS (S 2182) - The House and Senate approved and sent to Gov. Patrick a bill creating a nine-member special commission to make recommendations by July 22, 2009 for the placement of a plaque, mural or bust in an appropriate area in the Statehouse to honor the contributions of African-Americans to Massachusetts.

CAPE COD WOMEN (S 2884) - The Committee on State Administration and Regulatory Oversight approved and sent to the Senate legislation creating a permanent 13-member commission on the status of women on Cape Cod and the Islands. The members would be appointed by the existing Massachusetts Commission on the Status of Women. The Cape commission would study matters concerning women on Cape Cod and the Islands, report its findings and recommend solutions to the problems facing these women. Supporters said that the commission would address problems that are unique to women on the Cape and the Islands. Similar commissions already exist in Bristol and Berkshires counties.

QUOTABLE QUOTES

"It is an absurd state policy that allows illegal immigrants to live in taxpayer-funded homes, while U.S. citizens and legal immigrants who play by the rules are forced out into the street. With more than 100,000 names on statewide waiting lists for public housing, illegal immigrants, at the very least, should be placed at the back of the line rather than rewarded for breaking our nation's immigration laws."

Sen. Robert Hedlund (R-Weymouth) commenting on his proposal that would give U.S. citizens and legal immigrants priority on waiting lists for public housing. Hedlund noted that Sen. Barack Obama's aunt is living in state-funded public housing in South Boston even after being ordered to leave the country by a federal judge.

"I am committed to resigning my office as soon as I can do so consistent with my need to effectuate an orderly transition, including closing out hundreds of active constituent matters, filing and storing 16 years of files consisting of hundreds of boxes, assisting my current staff in finding new employment and putting related affairs in order."

Sen. Dianne Wilkerson (D-Boston). Wilkerson was recently indicted on charges that she took $23,500 in cash bribes to influence legislation in the State Senate and to obtain a liquor license for a proposed nightclub in her district.

"A lot of folks think Hillary could really help him to push health care and other initiatives."

Former Gov. Jane Swift, in a State House News Service interview in which she urged President-Elect Barack Obama to  consider tapping U.S. Sen. Hillary Clinton as his health and human services czar.

"For seventy-five years, greyhounds have suffered at local dog tracks. Tonight's vote means that this cruelty will finally come to an end."

Election night statement from the Committee to Protect Dogs following voter approval of a ballot question banning dog racing.

"The Massachusetts Cannabis Reform Coalition (Mass Cann/NORML) thanks the projected 65 percent of Massachusetts voters who were not deceived by the lies of the District Attorneys and other people of authority."

Election night statement from Mass Cann/NORML following voter approval of a ballot question decriminalizing the possession of small amounts of marijuana.

"Homosexual activists terrorized our petition gatherers across the state. They would come up to them and scream horrible things, and then call the police (or store managers) with phony complaints and charges. It happened constantly. Homosexual websites sometimes tracked our signature-gathering activities. "

From the website of Mass Resistance. The group was referring to its unsuccessful effort to gather sufficient signatures to place a question on the 2010 ballot asking voters whether they approve of a new law that allows out-of-state same-sex couples to marry in Massachusetts.

"They (MassResistance) make all these claims but have no facts to back them up. I would love to know which homosexual websites tracked them. With the exception of one article in BayWindows about the anti-gays collecting signatures at the Burlington mall, they got no publicity good or bad."

From a response posted on the website of Mass Resistance Watch - a group that monitors the site of Mass Resistance.

HOW LONG WAS LAST WEEK'S SESSION? Beacon Hill Roll Call tracks the length of time that the House and Senate were in session each week. Many legislators say that 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 that 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 November 3-7, the House met for a total of 14 hours and 12 minutes while the Senate met for a total of 17 minutes.

Mon.   Nov. 3       House  11:05 a.m.  to  4:05 p.m.
Senate 11:05 a.m. to  11:10 a.m.

Tues.  Nov. 4       No House session
No Senate session

Wed.   Nov. 5       House  11:04 a.m.  to  3:15 p.m.
No Senate session

Thurs. Nov. 6       House  11:03 a.m.  to  4:04 p.m.
Senate 11:05 a.m.  to 11:17 a.m.

Fri.   Nov. 7       No House session
No Senate session

Bob Katzen welcomes feedback at bob@beaconhillrollcall.com