THE HOUSE AND SENATE. Beacon Hill Roll Call records local senators' votes on roll calls from the week of May 11-15. There were no roll calls in the House last week.

CHANGES TO ETHICS LAWS (S 2050)

Senate 40-0, approved a bill making major changes in the state's ethics laws. The measure increases many penalties for violating these laws including hiking the penalty for bribery from $5,000 and/or three years in prison to $100,000 and/or 10 years in prison and raising the penalty for violating lobbying laws from up to a $5,000 fine to a $10,000 fine and/or a five-year prison sentence. Other provisions ban lobbyists from making campaign contributions; reduce from $5,000 to $500 the maximum contribution individuals can make to state political parties; prohibit governor's councilors from appearing before state boards for compensation and require that all bribes be subject to the state income tax in order to give prosecutors another avenue to go after corrupt public officials.

Senate members' amendments that did not make it into the final bill include making the Legislature, the governor's office and all other constitutional offices subject to the public records law; prohibiting retired state employees who are collecting a pension from working for the state as a contractor and increasing from one year to either two years or three years after leaving their jobs, the period that former state employees and former elected officials, including legislators, must wait before going into the lobbying business.

Supporters said that this long overdue bill is a major step in cracking down on ethics violations and corruption. They argued that it is time to restore the public's faith in the Legislature. Although no one voted against the bill, critics say that the bill is not tough enough and leaves out many of Gov. Deval Patrick's proposed important reforms and other amendments that were defeated on the Senate floor. The House has already approved a different version of the bill. A House-Senate conference committee will eventually attempt to craft a compromise version. (A "Yes" vote is for the bill).

Sen. Robert Hedlund, Yes

BAN FORMER LEGISLATORS FROM LOBBYING FOR TWO OR THREE YEARS (S 2050)

Senate 6-33, rejected an amendment increasing from one year to two years after leaving their jobs, the "cooling off" period that former state employees and former elected officials, including legislators, must wait before going into the lobbying business. The Senate also 6-33, rejected a similar amendment increasing the waiting period to three years. Amendment supporters said that the current one year is insufficient, blurs the line and opens up the system to abuse. They argued that it is not such an outrageous demand that there be a two or three-year waiting period before potentially "cashing in" on one's public service. Amendment opponents said that the amendment goes too far and would discourage people from entering public service. They said that the restrictive amendment would even go so far as to require a park ranger to wait two or three years before working as a lobbyist for an environmental group. (Both roll calls are listed. The first is on the increase to two years. The second is on the increase to three years. On both roll calls, a "Yes" vote is for the increased waiting period. A "No" vote is against the increased waiting period).

Sen. Robert Hedlund, Yes/Yes

PROHIBIT GIFTS TO ELECTED OFFICIALS (S 2050)

Senate 14-22, rejected an amendment prohibiting anyone from giving a gift to any present or former state, county or municipal employee, including legislators, or to any member of the judiciary because of the employee's official position. The amendment would replace a softer provision that prohibits giving a gift only if the gift is made with the goal of influencing the action of the official. Amendment supporters said that the amendment is stronger and simply bans these unnecessary gifts - period. They argued that the weaker provision is too vague and creates a gray area. Amendment opponents said that the outright ban goes too far and would even prevent a legislator from going to a dinner and receiving an honorarium. They argued that the goal here is to ban gifts that attempt to influence an official - not to make a harmless gesture into a criminal offense. (A "Yes" vote is for the outright ban on any gifts. A "No" vote is against the outright ban).

Sen. Robert Hedlund, Yes

ALSO UP ON BEACON HILL

TAKE ANOTHER $461 MILLION FROM RAINY DAY FUND (H 4144) - The House and Senate approved and sent to Gov. Patrick a proposal to fund the ever increasing deficit in the current year's state budget that runs through June 30. The measure takes another $461 million from the state's Rainy Day Fund and brings the fund's balance to below $800 million. Less than a year ago on July 1, the fund's balance was more than $2 billion.

RAISE TOBACCO TAXES (H 2773) - The Revenue Committee heard testimony on a bill raising the tax on non-cigarette tobacco products including roll-your-own loose tobacco, small cigars and smokeless chewing tobacco. The measure increases the tax on small cigars from 30 percent of the wholesale price to 80 percent and on loose tobacco from 30 percent to 90 percent. Supporters said that the cigarette tax hike to $2.51 per pack has resulted in many smokers switching to these other tobacco sources on which there is a lower tax. They said that this would raise up to $15 million annually and reduce smoking. Opponents said that any kind of tax is not welcome during this recession. They argued that the hike will hurt many senior citizens and lower-income workers who cannot afford it.

TAX ROLLING PAPERS (H 3949) - The Revenue Committee also heard testimony on a proposal to impose a new $5 per package tax on rolling papers used to roll tobacco and marijuana. Supporters said that it is time to tax law-breaking citizens who use these rolling papers to primarily roll marijuana. Some opponents said that the proposed $5 per pack tax is a ridiculous one which exceeds the cost of the rolling paper itself. Others said that many smokers now buy the papers to roll their own regular cigarettes because of the increased tax on packaged cigarettes. The House in May 2002 defeated a $10 per pack tax on rolling papers on a 50-103 roll call.

PLASTIC BAGS, PAINT AND BALLOONS - The Joint Committee on Environment, Natural Resources and Agriculture held a hearing on several measures including prohibiting the use of plastic bags by retail stores that gross more than $500,000 annually (H 798). The bill exempts bags used for fresh produce, baked goods, bulk food and loose hardware. Other legislation on the committee's agenda include establishing a $5 deposit and a return system for used motor vehicle tires (S 384); allowing consumers to return, at no charge, unused non-latex paint for recycling or reuse (S 405) and paint thinner for disposal (S 425) and prohibiting anyone from releasing ten or more helium balloons in a 24-hour period and imposing a $250 fine on violators (H 770). The legislation has been filed for many years and is designed to protect birds and other wildlife that may choke on deflated balloons which fall to the ground.

REQUIRE PHOTO ID (H 244) - The Committee on Consumer Protection held a hearing on legislation requiring consumers to show a photo ID in order to use a credit card.

SOME RESTAURANTS MUST POST CALORIES - The Department of Public Health (DPH) issued rules requiring restaurant chains with more than 20 locations in Massachusetts to provide calorie information about their food beginning in November 2010. The information would be posted on the menu board or the menu. DPH estimates that the requirement will affect 50 chain restaurant representing more than 5,000 locations in the Bay State.

FLAGS AND BULLYING - The Committee on State Administration will hold a hearing at the Statehouse on June 4 to consider several bills including prohibiting any flag from being flown higher that the American Flag (S 1440) and imposing up to a $1,000 fine on violators; requiring the state flag to be flown at half-staff annually on September 11 to honor the victims of the terrorist attack in 2001 (H 3046) and designating the fourth Wednesday in January as "No Name Calling Day" (H 3013). This day would be set aside to educate the public about the "devastating effects of verbal bullying."

MAKE IT OFFICIAL - The State Administration Committee will also hear testimony on legislation establishing the number six as the official state number (S 1400); Leonard Bernstein as the official state conductor (H 2976); Charleston Chew as the official state candy bar (H 2985); the elephant as the official state mammal (H 3009); assorted wafers as the official state candy (H 3017) and the Fluffernutter (peanut butter and Marshmallow Fluff) as the official state sandwich (H 3019). Most of these types of bills are filed by legislators on behalf of classes of students as part of an exercise for youngsters to learn about the legislative process.

QUOTABLE QUOTES

"It's warming up around here."

Senate Republican Minority Leader Richard Tisei (R-Wakefield) following the unexpected Senate approval of one of his proposed ethics bill amendments.

"Is he going to run against us? Yeah, probably.  Do I take it personal? No. I think he's really boxed in and he's got no choice."

Rep. Theodore Speliotis (D-Danvers) commenting to the State House News Service on the likelihood that part of Gov. Patrick's 2010 re-election campaign will be based on running against the unpopular Legislature.

"It just doesn't pass the smell test."

Sen. Scott Brown (R-Wrentham) speaking on the Senate floor in favor of his proposal that would require former legislators or candidates for the Legislature to close down their campaign committee once they are appointed to a judgeship. The amendment was approved.

"You can, before the tears are even dry from the (legislator's) farewell speech, you can go out and join a firm and line up ultimately, line up clients after literally mere months of walking away from this building - 12 to be exact. You are signing up clients that you were able to help with your legislative work and influence a mere 12 months earlier."

Sen. Mark Montigny (D-New Bedford) speaking on the Senate floor in favor of his amendment to increase from one year to three years after leaving their jobs, the period that former legislators must wait before going into the lobbying business. The amendment was rejected.

"I request a recess."

Freshman Sen. Jamie Eldridge (D-Acton) following an announcement that he would give his maiden speech during Thursday's Senate session. Eldridge called for the recess to discuss an amendment that he had offered.

"That was the shortest maiden speech in the history of the Senate."

Acting Senate President Stanley Rosenberg (D-Amherst) poking fun at Eldridge's request. A few minutes later Eldridge gave his maiden speech.

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.