THE HOUSE AND SENATE. Beacon Hill Roll Call records local representatives' votes on two roll calls and local senators' votes on three roll calls from the week of September 21-25.

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

House 95-59 and Senate 24-16, gave final approval and Gov. Deval Patrick signed into law the bill that gives the governor 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. Patrick later named Kennedy family friend Paul Kirk to the position. Kirk is an attorney who has served on Kennedy's staff and was also treasurer of the Democratic National Committee. He currently chairs the board of the John F. Kennedy Library Foundation.

Supporters argued that without this new law, the state would have only one U.S. senator and would remain underrepresented until January. They noted that the health care bill and many other important pieces of legislation could come up in the U.S. Senate between now and January. Some pointed out that the late Sen. Edward Kennedy's Washington office is scheduled to be closed because the seat is vacant. They noted that this would hurt thousands of Massachusetts residents who depend on the office to help with a myriad of problems ranging from lost social security checks to issues with soldiers returning from war.

Opponents said that it is unfair to change the rules in the middle of the game and to give this power to the Democrat Patrick when in 2004 the House would not give it to then Republican Gov. Mitt Romney. They criticized many Democrats who opposed the 2004 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. They noted that the state should work with the U.S. Senate and lobby to ensure that Kennedy's office remains open until January and is fully staffed to help constituents. Others said that the bill was rushed through the Legislature under heavy pressure from the Obama administration and the national Democratic leadership that want another vote for national health care and need a 60th Democratic senator to stop any Republican filibuster.

The measure was supported by 24 of the Senate's 40 Democrats. It was opposed by all five of the chamber's Republicans and 11 Democrats.

On the House side, 95 of the chamber's 144 Democrats voted for the bill while 43 Democrats joined all 16 GOP representatives in opposing it).

(A "Yes" vote is for the bill that would give Gov. Patrick the power to appoint a temporary short-term replacement for Kennedy. A "No" vote is against giving the governor the power).

Rep. Thomas Calter, No                                      Rep. Daniel Webster, No                                      Sen. Robert Hedlund, No                                      

MAKE LAW EFFECTIVE IMMEDIATELY (H 4246)

House 95-59, favored but failed to gain the two-thirds vote necessary to approve an emergency preamble that would make the law giving Gov. Patrick the appointment power effective immediately rather than in the usual 90 days.

Under state law, a bill becomes law 90 days after it is signed by the governor unless an "emergency preamble" is attached to it. The preamble that supporters attempted to add to this bill states, "Whereas, the deferred operation of this act would tend to defeat its purpose, which is forthwith to provide for the full representation of the commonwealth in the United States Senate pending a special election, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health and convenience."

The measure was signed by the governor who also bypassed the Legislature by declaring that the bill is of an emergency nature. He sent the required letter to Secretary of State William Galvin and the law became effective immediately.

Supporters said that the governor is clearly granted this special power in the state constitution. They noted that former Gov. Romney used this same power 14 times. Some argued that the emergency is that the state will be underrepresented in the U.S. Senate which will be making major policy decisions before a newly-elected senator is sworn in following the January special election.

"Not so fast," said opponents of the bill. They have taken legal action to delay the appointment and argued that the governor overstepped his authority when he unilaterally declared the appointment an emergency while the Legislature had already rejected that notion. They also pointed out that that in the Romney cases, the Legislature had not first rejected the preamble. They also argued that the Supreme Judicial Court in a past ruling spelled out the special circumstances under which the governor is allowed to use this power. They noted that this vacancy issue is not an allowed circumstance.

Without the emergency preamble, a temporary senator could not be appointed until December 22. The special final election to replace Kennedy is less than a month later on January 19 meaning that the replacement would serve less than a month in office.

(A "Yes" vote is for making the bill effective immediately. A "No" vote is against making it effective immediately).

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

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

Senate 7-32, 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).

Sen. Robert Hedlund, Yes                                     

MAKE VACANCY-RELATED MATERIALS PUBLIC (H 4246)

House 7-32, rejected an amendment that would require all communications relating to the governor's temporary appointment of a U.S. senator to be subject to the state's open meeting law and considered a public record.

Amendment supporters said that this would ensure that the process is an open and honest one and does not turn into a situation that occurred in Illinois when Obama's Senate seat was allegedly "sold" to the highest bidder. They acknowledged that some of these communications might already be covered under current law but noted that this amendment would ensure that everything is covered.

Amendment opponents said that the amendment is too broad and could result in private and personal discussions being made public. They argued that a lot of communications from the governor's office are already subject to public record and said that the amendment is duplicative and unnecessary. (A "Yes" vote is for the amendment making all the communications public record. A "No" vote is against the amendment).

Sen. Robert Hedlund, Yes                                     

ALSO UP ON BEACON HILL

OFFICIAL STATE THINGS AND STUFF - The State Administration Committee held a hearing on bills establishing the number six as the official state number (S 1400); Leonard Bernstein as the official state conductor (H 2976); the Charleston Chew as the official state candy bar (H 2985); the elephant as the official state mammal (H 3009); the Fluffernutter (peanut butter and Marshmallow Fluff) as the official state sandwich (H 3019); the elephant as the official state mammal (H 3009) and assorted wafers as the official state candy (H 3017). 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.

OFFICIAL STATE DAYS AND WEEKS - The committee's hearing agenda also included measures making the first Sunday in June godparent’s Day, in honor of the many loving contributions godparents make to their godchildren (S 1456); February 2 as Ayn Rand Day in recognition of her contributions to the literature of America and her philosophy of man as a heroic being (H 3015); the first Saturday in May as Green Up Day in recognition of our duty to protect the environment (H 3020); the first Wednesday in

May as Massachusetts State Parks Day in recognition of the importance to promote, enhance and maintain the Commonwealth’s park land and recreational facilities (H 3023) and the third week in April as Youth Awareness Week to inform and educate youths on the benefit and operation of government, public service institutions and the electoral process (H 3492).

FLAGS - The committee also is considering two flag-related proposals. One would prohibit any flag from being flown higher that the American flag and imposing up to a $1,000 fine on violators (S 1440). The other would provide that the old South Vietnamese flag be the only flag depicting the country of Vietnam that may be displayed at any state-sponsored public function or in any public school. Supporters noted that the red and gold striped flag is a symbol of resilience, freedom, and democracy and was the official flag of South Vietnam from 1954 until that country surrendered to North Vietnam in 1975. They said that the flag of the current oppressive Communist regime of Vietnam is offensive to many Vietnamese-Americans and should not be used at public events.

TRANSFER SHERIFFS' OFFICES TO STATE (S 2031) - The House and Senate approved a bill transferring the operating costs of the seven remaining county sheriffs' departments to the state beginning on January 1. The counties include Barnstable, Dukes, Nantucket, Suffolk, Norfolk, Bristol and Plymouth. The sheriffs would become employees of the state but also remain elected officials and retain their current power and authority. Seven other county sheriff's offices were already transferred to the state in 1998. Supporters said that the 1998 transfer has saved millions of dollars and led to more efficiency.

AUTISM COMMISSION (H 155) - The House gave initial approval to a bill creating a special 21-member commission to investigate and study services and support in Massachusetts for individuals with autistic spectrum disorders including Asperger's syndrome and high functioning autism.

RAISE FEES FOR STORAGE WHEN CARS ARE TOWED (H 411) - The House gave initial approved to a measure increasing the maximum storage charge for cars from $25 per day to $35 per day. The hike would only apply to cars that were ordered towed by police or other public authorities.

QUOTABLE QUOTES - Special edition on Gov. Patrick's appointment of Paul Kirk as interim U.S. senator

"Gov. Patrick could not have selected a more outstanding person to serve as Massachusetts's interim senator than Paul Kirk."

–– Senator Edward Kennedy's family

"Paul Kirk is a distinguished leader, whose long collaboration with Senator Kennedy makes him an excellent, interim choice to carry on his work until the voters make their choice in January."

–– President Barack Obama

"Paul's life long commitment to democracy and civic engagement has given life to my father's belief that one person can make a difference, and earned him the friendship and respect of politicians on both sides of the aisle."

–– Caroline Kennedy

"The governor's appointment of Paul Kirk to fill Sen. Kennedy's seat is a disappointing choice. I said all along that the only reason the Democrats were trying to change the law governing Senate vacancies was so they could have a rubber stamp in Washington to help pass President Obama's health care plan."

–– Senate Minority Leader Richard R. Tisei (R-Wakefield)

"With their unpopular government-run health care bill on the brink of failure, Democrats in Washington desperately need another vote in the U.S. Senate, and it is clear that this administration will stop at nothing to ram it through the Congress."

–– Rob Jesmer, Executive Director. National Republican Senatorial Committee

"My hope is Paul Kirk goes to Washington with the view that he represents the people of Massachusetts and not the interests of the White House or Deval Patrick ... on the issue of health care, I encourage him to look for ways to strengthen our private insurance system instead of expanding government involvement in our lives."

–– Sen. Scott Brown (R-Wrentham), Republican candidate for Kennedy's seat.

Bob Katzen welcomes feedback at bob@beaconhillrollcall.com