THE HOUSE AND SENATE. Beacon Hill Roll Call records local representatives' votes on five roll calls from the week of September 14-18. There were no important roll calls in the Senate.

A bill that would give Gov. Deval Patrick the power to appoint a temporary short-term replacement for the late Sen. Edward Kennedy was debated for hours and finally approved by the House. The replacement would serve until the winner of the January 19 special election is sworn into office.

The measure needs Senate approval and the governor's signature in order for it to become law.

Shortly before his death, Kennedy urged state lawmakers to approve a proposal that would amend a 2004 state law that took away the power of the governor to appoint a temporary replacement to fill any U.S. Senate seat that becomes vacant in Massachusetts. Prior to 2004, the law stated that the governor would name a replacement who would serve out the remainder of the original senator's term. The 2004 law, now in effect unless this new proposal becomes law, does not allow a temporary replacement to be appointed and instead requires that a special election be held within 145 and 160 days. The primary election is now scheduled for December 8 followed by the final election on January 19.

In the summer of 2004, the law taking away the governor's power and providing for a special election was approved by the House and Senate. It was supported overwhelmingly by all but seven of the House Democratic representatives and senators and opposed by all Republicans. Democrats at that time feared that then Republican Gov. Mitt Romney would have the opportunity to appoint a Republican to fill Sen. John Kerry's seat if Kerry won the 2004 November presidential election. That GOP appointee, under the pre-2004 law, would have served in the U.S. Senate for four years until the regular Senate election in 2008.

During debate on the 2004 law, supporters of repealing the appointment power said that the temporary appointment system was archaic and takes power away from the voters by allowing a governor to make a political appointment that could last for several years. They argued that the temporary appointee would have an unfair advantage as an "appointed incumbent." Opponents of repealing the appointment power said that repeal was sponsored by partisan Democrats who feared that Gov. Romney would appoint a GOP senator. They argued that holding a U.S. Senate election in a very short period of time would give an unfair advantage to incumbent Democratic congressman with huge war chests and make it difficult for lesser-known, underfunded citizens to mount an effective campaign.

In 2004 and 2006, there were several proposals filed by the Republicans to allow a temporary appointment by the governor until the special election is held. Last week’s bill that was approved is basically the same as those prior proposals.

Some GOP legislators are crying foul and criticizing Democrats who voted against the 2004 and 2006 proposal when Romney was governor. They noted that many of these Democrats now support the same bill because Democratic Gov. Patrick is in the corner office and would have the power to appoint a Democratic replacement if the law is changed.

Some Democrats argued that the Republicans are living in the past and should consider the appointment power under current circumstances instead of harkening back to 2006. They said that without the temporary appointment, Massachusetts citizens would unfairly be without a second senator representing them for some five months.

ALLOW THE GOVERNOR TO APPOINT A SENATOR UNTIL THE SPECIAL ELECTION (H 4246)

House 98-58, approved and sent to the Senate the bill that would give Gov. Deval Patrick the power to appoint a temporary short-term replacement for the late Sen. Edward Kennedy until the winner of the January 19 special election is sworn into office.

The House in 2006 overwhelmingly rejected the same measure on a 22-133 vote.

Many Democrats changed their votes from "no" to "yes." All Republicans changed their votes from "yes" to "no."

Supporters of the bill argued that without it, the state would be stripped of a second senator and go without full representation for five months. Some also acknowledged that the bill is designed to ensure that the state has a second pro-health care reform senator in place during a possible upcoming vote on changing the nation's health care system.

Opponents said that it is unfair to change the rules in the middle of the game and give this power to the Democrat Patrick when in 2004 and 2006 the House would not give it to Republican Romney. They criticized many Democrats who voted against the 2004 and 2006 proposals but now support the same measure because Patrick is in the corner office. Some argued that a senator should always be elected rather than appointed, even for a short period of time.

Two roll calls are listed below. The first is the 2006 vote. The second is the vote from Thursday on the same bill.

(A "Yes" vote is for giving the governor the power to appoint a short-term temporary replacement. A "No" vote is against giving the governor the power).

Rep. Thomas Calter, Was not yet elected/No                Rep. Daniel Webster, Yes/No                                  

ELIMINATE PARTY RESTRICTION (H 4246)

House 90-68, eliminated a section of the bill that would have required that the person appointed to fill a U.S. Senate seat vacancy come from the same political party as the senator who vacated that seat. In this year's case, that would have meant that Gov. Patrick would be required to appoint a Democrat.

Supporters of the restriction said that it makes sense and would honor the wishes of voters who elected Ted Kennedy and would obviously prefer that a Democrat be appointed. They argued that it is only fair to ensure that the temporary appointee have beliefs, take stands and vote the way that Ted would have.

Opponents of the restriction said that there are many problems with it including the likelihood that it is unconstitutional. They argued that if the restriction remains in the bill, a law suit is likely and the court might delay the appointment. Some noted that the restriction is unfair to unenrolled voters because it would not allow them to be appointed. Others said that the party designation is meaningless because the person who is being appointed by the governor could simply change his affiliation to the party of the senator who vacated the seat. (The motion was on striking the party restriction. A "Yes" vote is for striking the restriction and against the restriction itself. A "No" vote is against striking the restriction and for the restriction itself).

Rep. Thomas Calter, Yes                                     Rep. Daniel Webster, Yes                                     

MAKE VACANCY-RELATED MATERIALS PUBLIC (H 4246)

House  20-134, rejected an amendment that would require all materials received by Gov. Patrick that are related to the process of filling the vacancy be public record and open to the media and public. The amendment also requires that all vacancy-related phone calls and other communications made or received by the governor, his staff and any member of the administration be documented in writing or electronically.

Amendment supporters said that this would ensure that the process is an open and honest one. They pointed to the mess in Illinois where Obama's Senate seat allegedly went to the highest bidder. Some acknowledged that some of this might already be covered under current law but noted that this would ensure that everything is covered.

Amendment opponents said that all of this is already covered under current law. They argued that the amendment is duplicative and unnecessary.  (A "Yes" vote is for the amendment making all the materials and phone calls public record. A "No" vote is against the amendment).

Rep. Thomas Calter, No                                      Rep. Daniel Webster, Yes                                     

APPLY PROPOSED VACANCY LAW TO ONLY FUTURE VACANCIES (H 4246)

House 32-123, rejected an amendment that would apply the law giving the governor the power to appoint a temporary replacement to only future U.S. Senate vacancies - not the current one. Amendment supporters said that this compromise is fair and would ensure that the Legislature does not abuse its power and does not change the rules in the middle of the game. Amendment opponents said that the amendment would mean that the state would still be underrepresented for five months with just one senator. (A "Yes" vote is for giving the governor the power only for future vacancies. A "No" vote is against the restriction and favors giving the governor the power to fill this vacancy and all future ones).

Rep. Thomas Calter, No                                      Rep. Daniel Webster, Yes                                     

CONTINUE SESSION AFTER 9 P.M. UP UNTIL MIDNIGHT (H 4246)

House 133-20, suspended rules to allow the House to meet beyond 9 p.m. and continue until midnight if necessary. Supporters of rule suspension said that it is important to remain in session to finish action on this very important Senate vacancy bill. Opponents of rule suspension said that it is irresponsible for the House to act on bills late at night when taxpayers are asleep. The session continued and eventually adjourned at 9:30 p.m. (A "Yes" vote is for allowing the session to continue beyond 9 p.m. A "No" vote is against continuing beyond 9 p.m.).

Rep. Thomas Calter, Yes                                     Rep. Daniel Webster, No                                      

ALSO UP ON BEACON HILL

TEST DRIVERS OVER 75 (H 4238) - The Transportation Committee has approved a bill that would require drivers 75 and older to pass cognitive and physical tests when renewing their license. The measure also gives the Registrar of Motor Vehicles the power to suspend the license of anyone if a doctor or police officer believes and reports that the person is unable to safety operate a vehicle. Cases would be reviewed by the Registrar within 30 days and drivers would have the right to appeal.

OTHER TRANSPORTATION PROPOSALS- The Transportation Committee held a hearing on several bills including erecting toll booths on both sides of Routes 93 and 95 before the Massachusetts/New Hampshire border (H 3184) and exempting drivers over 70 from the tolls on the MassPike and the Callahan, Sumner and Ted Williams Tunnel (H 330).

PUBLIC HEALTH LEGISLATION - The Public Health Committee held a hearing on proposals requiring defibrillators in all public schools (H 2136), health clubs (H 2103), public and private senior housing facilities (H 3883) and private businesses open to the public (S 830). Other measures that were part of the hearing include requiring a seven-member special committee to review and evaluate current safety practices involving the activity of cheerleading (H 456); creating a Sports Injury Commission to investigate and report on the incidence of sports injuries in elementary, middle and high school children (H 2107) and establishing a 17-member special commission to investigate and study the problem of suicide in the Bay State (H 3827). The committee is also considering a proposal that would prohibit nursing homes from renewing their licenses until all employees and patients of the home have received the flu shot.

UNDER 18 SMOKING (S 1815) - The Judiciary Committee held a hearing on legislation imposing up to a $25 fine on any youth under 18 who possesses a cigarette, chewing tobacco, snuff or any tobacco that was not given to him or her by a parent or guardian. Current law punishes only the non-parent or non-guardian who gives tobacco to a minor under 18.

QUOTABLE QUOTES - Special Senate vacancy edition

"Senator Dukakis."

Former State Treasurer Bob Crane introducing former Gov. Mike Dukakis at an event. Dukakis has been prominently mentioned as someone who Gov. Patrick would consider appointing as interim U.S. senator.

"I ask you to join with us and my Democrat colleagues to grant the deathbed wish of the late, great Senator Ted Kennedy."

Rep. David Flynn (D-Bridgewater) urging House members to vote to give Patrick the power to appoint a temporary replacement.

"I have never heard more double talk and hypocrisy in this chamber than I have today."

Rep. Daniel Webster (R-Pembroke) referring to some Democratic representatives who have flip flopped by voting in the past against giving the governor appointment power and then supporting the proposal this year.

"Grubby, lousy politics."

Former Speaker of the House Thomas Finneran on his WRKO talk show referring to the action by the 2004 Legislature that stripped then Gov. Mitt Romney of his power to appoint a temporary replacement if a Senate vacancy occurs. Finneran was the speaker at that time and worked to pass the bill.

"Please call your Massachusetts state representative and state senator right now, and tell them that Gov. Patrick needs to be able to appoint an interim senator to represent us until the special election in January."

John Spears, Massachusetts state director for Organizing for America, Barack Obama's political organization.

"I can assure you that I do not have a potato in my mouth."

Rep. Paul Donato (D-Medford) filling in for House Speaker Robert DeLeo and commenting on the new, more sensitive renovated House audio system.

Thank you very much, Madame Speaker. And I like your suit tonight, by the way.

Rep. Richard Ross (R-Wrentham) at the end of his speech on the House floor. He was commenting on the red suit that Acting Speaker Patricia Haddad (D-Somerset) was wearing.

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.