THE HOUSE AND SENATE. BHRC records local representatives' votes on two roll calls from the week of October 5-9. There were no roll calls in the Senate last week.

PREPARE FOR PANDEMIC AND EMERGENCIES (H 4271)

House 114-36, approved its own version of a bill designed to prepare the state to respond to a potential pandemic flu or other emergency. The House version is different from the Senate one that was passed in April. The House version now goes to the Senate for consideration. If the two branches are not able to agree on a plan, a conference committee would be appointed to hammer out a version agreeable to both chambers.

The House measure would expand the authority of the commissioner of public health to take action when the governor declares a public health emergency. Emergency authority would end when the governor ends it or after 90 days at which point the governor could reauthorize it.

Under the bill, the commissioner is given the power or can give local public health authorities the power over evacuation and decontamination of public buildings; use of a health care facility; control of entering and exiting a stricken public area; safe disposal of infectious waste and procurement, temporary waivers of state licensing requirements for out-of-state health care professionals and allocation of controlled substances.

Sponsors of the measure noted that the House bill is very different from the Senate version and eliminates some of the more controversial provisions that were in the Senate plan. They said that the House version unlike the Senate one, requires that quarantine and isolation orders take place in the least restrictive settings and removes the Senate provision giving states the right to arrest citizens or search their homes without a warrant.

They also noted that current law already provides that if a person refuses to be vaccinated, the local board of health can get a warrant to quarantine or isolate him or her. They pointed out that the bill does not change that law but sets up an appeals process under which the person can challenge the order in court.

Supporters of the bill said that it strikes a reasonable balance between giving government the necessary tools to deal with a pandemic and preserving the liberty and constitutional rights of citizens. They argued that the pending swine flu crisis makes the passage of this measure vital and noted that these laws have not been changed since 1918.

Some opponents said that the bill goes too far and gives the government too much power at the expense of citizens. They said that at best the bill is seriously flawed and at the worst is completely unconstitutional. Others said that the bill has only been in print for a short time and argued that representatives and the public have not had time to read and understand it. They acknowledged that the bill may be a good one but noted that many representatives were tied up with important hearings and urged that action on the measure be postponed until the following week. (A "Yes" vote is for the bill. A "No" vote is against it).

Rep. Thomas Calter, Yes

Rep. Daniel Webster, No                                      

POSTPONE ACTION ON PANDEMIC BILL FOR FIVE DAYS (H 4271)

House 22-125, rejected a motion to postpone action on the pandemic bill for five days.

Postponement supporters said that many legislators are at other important hearings and meetings today dealing with several problems including the crisis of declining state revenues, health care reform and transportation reform. They said that this important bill needs the undivided attention of every representative. Others said that members and the public have not had sufficient time to read and comprehend the measure.

Postponement opponents said that various proposals on this issue have been debated in the House for years. They said that it was time to act on it and approve a law that will protect citizens during a pandemic before it is too late. (A "Yes" vote is for postponement. A "No" vote is against postponement).

Rep. Thomas Calter, No

Rep. Daniel Webster, Yes                                     

ALSO UP ON BEACON HILL

REINSTATE NOTICES FOR DRIVER'S LICENSE RENEWALS - The Registry of Motor Vehicles (RMV) is reinstating the practice of informing the state's estimated 4.9 million drivers that their driver's licenses are up for renewal. The notices will only be sent to drivers who sign up on the RMV website at: https://secure.rmv.state.ma.us/RMVReminder/intro.aspx

Drivers must sign up for the service at least 45 days prior to the expiration of their driver's license. They will be notified a month before their license expires and can choose to be notified by e-mail, phone or text message. The only option that is not available is notification by regular mail which was the agency's only form of notification until it discontinued it last November in order to save some $800,000.

The state has hired local messaging service Sendza, Inc. of Marlboro to handle the system. The RMV says that the notifications will not cost customers or the state any money because Sendza has sponsors for the electronic messages that they send out. One of the current sponsors is Arbella Insurance.

PAID SICK LEAVE FOR ALL (S 1130)- The Labor and Workforce Development Committee heard testimony on legislation requiring employers to give up to seven paid sick leave days per year to public and private employees. Each employee would receive one sick day for every 30 hours worked. The sick days could be used by a worker to care for his or her own illness or that of a spouse, child or parent. It would also include routine medical exams.

Supporters said that it is outrageous that 47 percent of Massachusetts workers, including 75 percent of lower paid workers, do not have any sick days.

Opponents said that paid sick days should be negotiated by employers and employees.

EMERGENCY AID FUND FOR MASSACHUSETTS ARTISTS (S 1869) - The Committee on Tourism, Arts and Cultural Development held a hearing on legislation establishing the Massachusetts Artists Disaster and Emergency Aid Fund to "ensure the safety and vitality of artists residing in the Commonwealth." The fund would be used during disasters or emergencies to help authors, playwrights, painters, performers, photographers, actors, musicians and other artists who make "original and creative work" in the state.

The measure defines disaster to include a hurricane, flood, fire, earthquake, or terrorist attack. Emergency is defined as a major accident including a car or bike crash that causes unexpected loss of employment, housing, studio or practice space; a temporary disability or physical or psychological sickness; the inability to afford health insurance or any other situation that would cause unanticipated financial hardship and threaten an artist's livelihood and artistic practice.

The fund would be allowed to accept donations from individuals, museums, organizations, associations, nonprofits, businesses, estates and foundations. The Legislature would be prohibited from appropriating money to the fund but the state treasurer would be allowed to donate to the fund any proceeds from the auction of unclaimed "creative and individual works of art" held by the state's Abandoned Property Division.

SINGLE-SEX SCHOOLS (H 352) - The Education Committee held a hearing on a bill allowing single-sex public schools or single sex classes in Massachusetts.

Supporters say that current law makes it difficult for public schools to implement these schools and programs. They argue that studies have shown that single sex schools or classrooms would boost grades and test scores for both girls and boys and help break down gender stereotypes. They note that boys in single-gender classrooms are more likely to pursue interests in art, music, drama, and foreign languages while girls are more likely to take classes in math and science.

Opponents say that the bill is discriminatory and a step backwards. They note that children in these schools will be ill-prepared when they go into the real world and have to work side by side with members of the opposite sex. Some point to studies that show that classrooms with a majority of female students showed increased academic performance for both boys and girls.

ALLOW STUDENTS TO EXPRESS RELIGIOUS VIEWS (H 376) - The Education Committee's hearing also includes a bill that would require local school districts to implement a policy that would allow for a "limited public forum and voluntary student expression of religious views at school events, graduation ceremonies, in class assignments and non-curricular school groups and activities." The measure also prohibits schools from discriminating against any student on the basis of his or her expressed religious views.

ERGONOMICALLY CORRECT SCHOOLS (H 443) - Another proposal before the committee would require the state's School Building Assistance (SBA) program to consider the integration of ergonomically correct models for classrooms and laboratories of new or renovated schools.

The SBA program is the state program that provides grants to communities for building new schools or renovating older ones. Ergonomics is the science of designing equipment, furniture and a building's environment to ensure comfort and reduce fatigue. This includes classroom design, lighting, computers and furniture. Supporters say that many schools are way behind the times in ergonomics and argued that these problems can affect a child's education.

QUOTABLE QUOTES

"We're going to be moving towards cutting our budgets deeper, and probably having to lose some people who've been here a long time."

–– Senate President Therese Murray on the state's looming budget deficit.

"Between $500 million and $1 billion."

–– House Speaker Robert DeLeo estimating the state's revenue shortfall - the difference between actual revenues and funds that are currently budgeted.

"Taxing pet owners is not going to stimulate the economy."

–– Senate Republican Minority Leader Richard Tisei arguing against a bill that changes the state's animal laws and includes hikes in many pet-related fees.

"I am a single mother and don't have anyone to leave my children with when they get sick. I have to stay home with them. If I don't go to work, I will not get paid, if I don't get paid I can't pay my rent and utility bills and if I can't do that, then I will be homeless because I will be evicted."

–– Jill from New Bedford arguing in favor of a bill requiring employers to give workers up to seven sick days per year.