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Beacon Hill Roll Call
By Administrator   
Friday, April 17, 2009 11:07 AM
THE HOUSE AND SENATE. Beacon Hill Roll Call records local representatives' votes on ten roll calls and local senators' votes on one roll call from the week of April 13-17.

PENSION SYSTEM CHANGES (H 4060)
House 156-0, approved a bill making changes in the state's pension system. Provisions include prohibiting elected local officials from counting toward their pensions any year in which they were paid less than $5,000; eliminating a current policy that allows elected officials to claim a "termination allowance" that increases their pensions if they are not re-elected; raising from six to ten the number of years that elected officials must serve before being vested in the state's pension system; prohibiting housing, car and travel allowances from being used to boost a pension; eliminating a current policy that allows elected officials to add an entire year of "service" to their pension calculations even if they only worked one day that calendar year; eliminating a current law that allows some employees who go out on accidental disability retirement to receive increased benefits if they did so while temporarily filling in for a supervisor; eliminating a current policy that allows MBTA workers to retire and receive pensions after 23 years of service regardless of their age and replacing it with a requirement that they be at least 55 years old and have served 25 years before retirement. Supporters said that these long overdue reforms would begin to stop the outrageous "gaming" of the pension system and save millions of dollars. Although no one voted against the bill, critics say that the reform does not go far enough and still leaves plenty of loopholes for abuse. The Senate has approved a different version of the measure and a conference committee will soon work out the differences. (A "Yes" vote is for the bill).
Rep. Thomas Calter    Yes                           Rep. Daniel Webster    Yes                          

NO PENSIONS FOR FELONS DURING PRISON STAY (H 4060)
House 20-139, rejected an amendment that would ban convicted felons from receiving their state pensions during their period of incarceration. Amendment supporters said that the state should not have to fund a felon's pension while he or she is in prison. They noted that this ban simply expands a current law that bans a felon who receives a disability pension from collecting the pension while in jail. Amendment opponents said that the amendment goes too far and would unfairly deny a pension to the family of a retiree who commits an unrelated felony in another state. They said that current law is sufficient and prohibits felons from collecting pensions if their crime is related to their jobs. Amendment supporters countered that the current law has been skirted and pointed to dozens of convicted felons who have received pensions even though their crimes related to their jobs. (A "Yes" vote is for the amendment that would ban convicted felons from receiving their state pensions during their period of incarceration. A "No" vote is against the ban and favors felons receiving their state pensions while jailed).
Rep. Thomas Calter    No                            Rep. Daniel Webster    Yes                          

NO BONUSES FOR PENSION FUND EMPLOYEES (H 4060)
House 39-119, rejected an amendment prohibiting the state pension fund from giving bonuses to any of its employees in a year in which the fund loses money. Amendment supporters said that it is irresponsible and an insult to taxpayers if state pension executives receive a bonus in any year in which the fund loses money. Amendment opponents said that the state should not micromanage the salaries and bonuses of employees of the state pension fund. (A "Yes" vote is for prohibiting the state pension fund from giving bonuses to any of its employees in a year in which the fund loses money. A "No" vote is against the prohibition and favors allowing raises for the employees even when the fund loses money).
Rep. Thomas Calter    No                            Rep. Daniel Webster    Yes                          

CAP CURRENT PENSIONS AT $96,000 (H 4060)
House 20-138, rejected an amendment capping an individual's pension at four times the average state pension. Amendment supporters said that this would cap all pensions at a very generous $96,000 - four times the current $24,000 average. They argued that this cap would end outrageously high six-figure pensions that lead to taxpayers' cynicism and mistrust of Beacon Hill. Some amendment opponents said that a cap would discourage talented and highly qualified executives from taking state jobs that offer a much smaller pension than the private sector. Others said that they are open to the idea of a cap but argued that they do not yet have sufficient information to determine the amount of a fair cap. (A "Yes" vote is for the amendment capping an individual's pension benefit at $96,000. A "No" vote is against the $96,000 cap).
Rep. Thomas Calter    No                            Rep. Daniel Webster    Yes                          

PROHIBIT UNUSED VACATION TIME FROM BOOSTING PENSION (H 4060)
House 37-121, rejected an amendment that would prohibit employees of quasi public agencies, independent boards or state authorities from the practice of annually cashing in their unused vacation time and counting it as regular income toward their pension earnings. These boards include MassPort, the MBTA, the Mass Turnpike Authority and many others. The amendment would still allow the cashing in of unused vacation time but would prohibit it from being counted as regular salary on which the individual’s pension is based. Current law already prohibits regular state employees from cashing in vacation time and consequently from using it to boost their pensions. Amendment supporters said that hundreds of these employees, including 300 at MassPort, annually cash in their unused vacation time - a lucrative practice that boosts their pensions. They argued that this is another loophole that unfairly raises pensions and outrages taxpayers. Amendment opponents said that the Legislature should not micromanage these entities. They noted that MassPort and others are competing with the private sector to attract and retain top notch employees and should be able to offer benefit packages that are competitive. (A "Yes" vote for the amendment that would prohibit the money received for unused vacation time from being used to boost a pension. A "No" vote is against the amendment and favors allowing the counting of unused vacation money toward boosting a pension).
Rep. Thomas Calter    Yes                           Rep. Daniel Webster    Yes                          

RULES FOR HOUSE BUDGET DEBATE (H 4057)
House 142-16, approved a set of Democratic leadership-sponsored rules to be followed when the House considers the $27.44 billion fiscal 2010 state budget beginning on April 27. A key provision bars representatives from proposing amendments dealing with casino gambling, slot machines or video gaming. Supporters said that these rules would impose fiscal responsibility in light of the current recession and the state's shrinking revenues. They noted that the prohibition on offering gambling amendments is included because the topic is too complex and should be the subject of public hearings and debate as a separate price of legislation. Opponents said that the anti-gambling rule is restrictive and anti-democratic and would further decrease the input and power of individual members. They noted that they also support other budget debate reforms that are not in the package. (A "Yes" vote is for the rules. A "No" vote is against the rules).
Rep. Thomas Calter    Yes                           Rep. Daniel Webster    No                           

PROHIBIT EARMARKS (H 4057)
House 19-136, rejected an amendment that would prohibit legislators from offering amendments that earmark money for specific projects. Amendment supporters said that the state is in dire financial straits and that it would be irresponsible to allow legislators to propose pork projects for their districts. They noted that each legislator has already had the opportunity to pitch his or her local projects to the Democratic leadership for inclusion in the budget. Amendment opponents said that earmarks allow the House to prioritize and vote for projects that are important to individual communities. They said that an outright ban on these proposals is unfair and would prevent House members from voting them up or down in a democratic way. (A "Yes" vote is for banning earmarks. A "No" vote is against the ban and favors allowing earmarks).
Rep. Thomas Calter    No                            Rep. Daniel Webster    Yes                          

ALLOW AMENDMENTS THAT LEGALIZE GAMBLING (H 4057)
House 15-142, rejected an amendment that would allow members to offer budget amendments dealing with casino gambling, slot machines and video gaming. The rules proposed by the Democratic leadership prohibit consideration of any gambling amendments. Some amendment supporters said that they support legalizing casino gambling and argued that it would produce a valuable voluntary revenue stream to help solve the state's budget problems without raising taxes. Others said that they do not support casino gambling but argued that it is unfair to prohibit members from offering amendments to legalize it. Amendment opponents said that gambling proposals are complicated and should be filed as separate bills and go through the entire committee process including public hearings. They noted that several separate pieces of pro-casino legislation have already been filed and could be considered by the House later in the year. (A "Yes" vote is for allowing members to offer budget amendments dealing with casino gambling, slot machines and video gaming. A "No" vote is against allowing it).
Rep. Thomas Calter    No                            Rep. Daniel Webster    Yes                          

PROHIBIT AMENDMENTS THAT HIKE TAXES (H 4057)
House 17-142, rejected an amendment that would prohibit members from offering budget amendments to raise taxes or fees. Amendment supporters said that the House leadership supported the prohibition against offering gambling amendments based on the argument that such legislation is complicated, should be filed as separate bills and go through the entire committee process including public hearings. They argued that unnecessary tax hikes during this economic crisis certainly fall into the same category and should be required to go through that process rather than being attached to a budget. Amendment opponents said that members should have the opportunity to vote on tax hikes that might be necessary. They argued that it was logical to vote on tax hikes while dealing with the budget that the hikes would fund. (A "Yes" vote is for prohibiting members from proposing amendments that raise taxes. A "No" vote is against the ban and favors allowing amendments that raise taxes).
Rep. Thomas Calter    Yes                           Rep. Daniel Webster    Yes                          

INCREASE MUST INCLUDE DECREASE (H 4057)
House 20-136, rejected an amendment requiring any member who proposes an increase in spending to also offer a proposal cutting spending by an equal or greater amount. Amendment supporters said the state's fiscal crisis demands that members be fiscally responsible and argued that this restriction will ensure that the budget remains balanced. Amendment opponents said this mandate is simplistic and unfair and will pit one program against another. (A "Yes" vote is for the amendment requiring a corresponding decrease. A "No" vote is against the requirement).
Rep. Thomas Calter    No                            Rep. Daniel Webster    Yes                          

STATE GUARANTEE OF A PORTION OF TURNPIKE DEBT (H 100)
Senate 27-11, approved and sent to Gov. Deval Patrick a bill authorizing the state to continue to guarantee a portion of the debt of the Massachusetts Turnpike Authority. The current guarantee expired in January and the bill would extend it to June 30. Supporters said that the proposal is designed to prevent the Turnpike from getting hit with up to a $400 million bill from investment company UBS if the turnpike's struggling insurance agency's credit rating is downgraded. They argued that the guarantee is necessary to avoid the turnpike being required to make an unaffordable $400 million lump sum payment. Some opponents said that the bill is a weak and temporary solution to an increasingly deteriorating transportation system problem that is threatening the state. Others said that this version of the bill lacks transparency, oversight and disclosure and reporting requirements that were in an earlier version of the measure. (A "Yes" vote is for the bill authorizing the state to continue to guarantee some of the debt of the Massachusetts Turnpike Authority. A "No" vote is against the guarantee).
Sen. Robert Hedlund    No                           

ALSO UP ON BEACON HILL

HOUSE COMMITTEE PROPOSES FISCAL 2010 STATE BUDGET - The House fired the second shot in the long battle over the state budget for fiscal year 2010 that begins on July 1. Gov. Patrick fired the opening volley a few weeks ago when he filed his version. The House Ways and Means Committee last week unveiled its own $27.44 billion version. Debate on that package is scheduled to begin during the week of April 27. The controversial package is $532 million less than Patrick's proposal. It level funds Chapter 70 Education Aid at last year's level but also cuts two other local aid accounts by $424 million or 25 percent. It also makes major cuts in many state programs. After the House finally approves the package, the Senate will follow suit with its own draft and a House-Senate conference committee will eventually craft a plan that will be presented to the House and Senate for consideration and sent to the governor.
AUTO INSURANCE APPEALS BOARD (S 2022) - Gov. Patrick signed into law a bill establishing a board that hears appeals from drivers who are found more than 50 percent at-fault in accidents. Drivers who successfully appeal their case do not lose their safe driver points and do not pay an insurance surcharge that lasts for several years. The board already exists under a state regulation but the amendment would establish the board under state law. Gov. Deval Patrick's Insurance Commissioner Nonnie Burnes in January announced plans to eliminate the board on April 1 but changed her mind and left the board intact. Supporters said that the existence of this important impartial board should not left to the discretion of the insurance commissioner.
TAX ON BOTTLED WATER - The Revenue Committee heard testimony on a measure that would impose a new five percent tax on bottled water sold in the Bay State (H 2828). The revenue would go into a new fund to make repairs and updates to hundreds of miles of water and sewer lines across the state. Another proposal at the hearing would impose a new five-cent-per-bag tax on each plastic grocery bag used by a consumer at the checkout counter (H 2686). Other measures include providing sales tax exemptions for the purchase of hybrid vehicles (H 2813), the sale of trees for a week around Arbor Day (S 1234) and all recycled goods and products that contain seventy percent recycled materials (S 1343).
SEAT BELTS AND OTHER DRIVING LAWS - The Public Safety and Homeland Security Committee heard held a hearing on a "primary enforcement bill" allowing police officers to stop and issue $25 tickets to drivers and passengers solely for not wearing their seat belts (S 950). Current law is a "secondary enforcement" one that prohibits drivers from being stopped solely for not wearing a seat belt and allows an officer to issue a ticket only if the driver is stopped for another motor vehicle violation or some other offense. Supporters testified that 500 lives would have been saved and 50,000 injuries prevented if the state had adopted this law 14 years ago when it was recommended by the National Transportation Safety Board. Opponents said that drivers and passengers should have the freedom to decide whether they want to wear seat belts. Some argued that this vague new power is tantamount to establishing roadblocks and would lead to random stops and unfair racial profiling. The Senate in 2006 approved a similar bill on a 24-15 roll call vote but the House defeated it 76-80. The committee's agenda also included legislation requiring all children riding on school buses to wear seat belts (H 2203); requiring the use of seat belts by all drivers and passengers in taxi cabs (H 2250) and allowing school departments to install and operate "live digital video  school bus violation detection monitoring systems" (S 976). These systems are designed to detect and record video of motor vehicles that violate school bus traffic laws.

QUOTABLE QUOTES
"Ka-ching!"
–– Senate President Therese Murray when asked about her thoughts on the fate of casino gambling proposals in the Senate.

"The economic downturn has hit the commonwealth hard. Every individual, every family, every business, every not-for-profit in the commonwealth is facing challenges and uncertainty the likes of which many have never seen."
–– Gov. Patrick at a press conference announcing further cuts in the current fiscal 2009 state budget.

"The Democrats and Governor Patrick don't understand the plight of Massachusetts families, because if they did, their slogan would be 'reform, not revenue.'  Instead, we have a Legislature incapable of passing real reform, a governor insistent on raising taxes, and leaders who have lost the public trust."
–– Republican State Committee chairwoman Jennifer Nassour commenting on Patrick's remarks.

"I decided that we were not gonna let people go through free because we need the money."
–– Massachusetts Turnpike Authority Executive Director Alan LeBovidge on why he did not order turnpike officials to open all Mass Pike lanes and not charge drivers the toll on Easter Sunday once the traffic started backing up for miles.

"Call me cynical, but I can’t help but think this debacle was all part of a poorly-orchestrated ploy to drum up support for an increase in the gas tax. The arrogance he (LeBovidge) has displayed in dealing with this situation is unacceptable. Clearly, it is time for him to go."
–– Senate Minority Leader Richard R. Tisei (R-Wakefield) commenting on the traffic mess and calling for LeBovidge's resignation.

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.
Bob Katzen welcomes feedback at bob@beaconhillrollcall.com
 

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