THE HOUSE AND SENATE. Beacon Hill Roll Call records local representatives and senators' votes on five roll calls from the week of November 16-20.

$18.8 MILLION FOR OPERATION OF LEGISLATURE (H 4348)

House 125-31, Senate 31-6, overrode Gov. Deval Patrick's veto of $18.8 million in so-called "prior appropriations continued" funding for the operation of the Legislature. The $18.8 million is money that was given to the Legislature in prior years but was not spent. It is carried over year after year as an extra fund from which the Legislature can spend for its operations. The $18.8 million is in addition to the $53 million in the regular budget that was given to the Legislature to run its operations this year.

Override supporters said that it is important for the Legislature to have this money available to operate smoothly and to have on hand for future needs or emergencies. They argued that the Legislature has cut its budget by millions through layoffs and furloughs. They noted that this PAC account recently had some $30 million in it but the Legislature gave $12 million of if it back to the General Fund.

Opponents of the override said that it is outrageous that the Legislature has an $18.8 million slush fund that has been carried over because it was not spent in past years. They argued that in light of the budget deficit and cutbacks in many human service programs and local aid, the Legislature should give the $18.8 million back to the General Fund. They noted that the Legislature can easily operate on the other $53 million in funding it received in this year's budget. (A "Yes" vote is for giving the Legislature the $18.8 million. A "No" vote is against giving it the $18.8 million).

Rep. Thomas Calter, Yes

Rep. Daniel Webster, No

Sen. Robert Hedlund, No

INMATE FEE (H 4348)

House 41-111, rejected an amendment requiring prison inmates, who are not indigent, to pay the state up to $5 per day, based on a sliding scale, to defray the cost of incarceration.

Amendment supporters said that it is time that these criminals share a small portion of the financial burden of room and board. They noted there are a lot of prisoners who have some money and argued that the proposal would raise millions of dollars in much needed revenue.

Some amendment opponents said that the proposal is misguided and mean-spirited and argued that the revenue from this program would amount to less than the cost of administering it. Others said that the House should vote against this idea and wait until a major bill overhauling the prison system comes up for debate next year. (A "Yes" vote is for the amendment requiring prisoners to pay $5 per day. A "No" vote is against requiring the payment).

Rep. Thomas Calter, Yes

Rep. Daniel Webster, Yes

The next three roll calls are on successful attempts by the Democratic leadership to essentially kill Republican proposals to reduce the sales tax from 6.25 percent to five percent; eliminate the new 6.25 percent tax on alcohol at package stores and implement a one percent across the board pay cut for all full-time state workers.

The Democrats were successful at this by proposing amendments that delay the bills from taking effect until the Department of Revenue has furnished a "study of their impact on the state’s economy and the revenue cost to the commonwealth including, but not limited to, a distributional analysis showing the impact on taxpayers of varying income levels, the current practice of other states, any anticipated change in employment, and ancillary economic activity to the House and Senate Committee on Ways and Means committees and until legislation has been filed and passed."

Some supporters of these studies say that they are open to the tax cuts and pay cuts and simply want to research their possible impact. Others acknowledge that they simply oppose the tax cuts and pay cuts and use the delaying amendment as a way to kill the GOP proposals.

Opponents of these studies said that this sneaky maneuver is a blatant, age-old tactic by Democrats to kill tax cuts by studying them "to death" and avoiding an up or down vote on the tax cuts themselves. They note that none of these alleged studies are actually done and the tax cut is defeated without representatives having to take a direct vote on it.

INDEFINITELY DELAY CUTTING SALES TAX FROM 6.25 PERCENT TO FIVE PERCENT (H 4348)

House 103-51, approved a Democratic-sponsored amendment indefinitely delaying a proposal to reduce the state's sales tax from 6.25 percent to five percent. The amendment prohibits the tax reduction from taking effect until the Department of Revenue studies the impact of the cuts and a new bill is filed to reduce the tax.

Some supporters of the study said that the state cannot afford the loss of revenue and predicted that this tax cut would result in reductions to local aid, education, health care and human service programs. Others argued that they were open to a tax cut but not without first studying its impact.

Opponents of the study said that this increased sales tax is hurting consumers and retail operations, especially those on the state's borders. They argued that you can't your tax your way out of a recession and urged the state to live within its means.

The roll call vote is on the amendment to study the tax cuts. (A "Yes" vote is for studying the tax cuts. A "No" vote is against the study).

Rep. Thomas Calter, No

Rep. Daniel Webster, No

INDEFINITELY DELAY ELIMINATING THE NEW 6.25 PERCENT SALES TAX ON LIQUOR (H 4348)

House 99-54, approved a Democratic-sponsored amendment indefinitely delaying a proposal to eliminate the recently-approved new 6.25 percent sales tax on alcohol. The amendment prohibits the tax cut from taking effect until the Department of Revenue studies the impact of the cut and a new bill is filed to eliminate the tax. The tax was approved and signed into law in July and imposes the tax on liquor, wine and beer purchased at package stores.

Some supporters of the study said that the state cannot afford this revenue loss that would lead to cuts in important programs. Others argued that they would be amenable to eliminating the tax but wanted to first study its impact.

Opponents said that this 6.25 percent sales tax is an unnecessary one on a product that is already heavily taxed. They argued that the tax is hurting small mom and pop stores and stores in cities and towns on the border of other states with a smaller tax.

The roll call vote is on the amendment to study the tax cut. (A "Yes" vote is for studying the tax cut. A "No" vote is against the study).

Rep. Thomas Calter, No

Rep. Daniel Webster, No

INDEFINITELY DELAY CUTTING THE SALARIES OF STATE WORKERS BY ONE PERCENT (H 4348)

House 137-17, approved a Democratic-sponsored amendment indefinitely delaying a proposal to cut the salary of all full time state workers, including legislators, by one percent. The amendment prohibits the tax reduction from taking effect until the Department of Revenue studies the impact of the cuts and a new bill is filed to impose the one percent reduction.

Supporters of the study said that that it would be irresponsible to vote for this pay cut without knowing the cost. They argued that the Legislature is discussing furloughs and other ways to close the budget gap and noted that an across the board pay cut might be unconstitutional.

Opponents of the study said that this would save millions of dollars and send a message to people that the Legislature is serious about trying to close the budget deficit. They noted that a one percent cut is nothing compared to the thousands of people who have lost their jobs and their homes.

The roll call vote is on the amendment to study the pay cut. (A "Yes" vote is for studying the pay cut. A "No" vote is against the study).

Rep. Thomas Calter, Yes

Rep. Daniel Webster, No

EDUCATION CHANGES INCLUDING LIFTING CHARTER SCHOOL CAP (S 2201)

Senate 28-11, approved and sent to the House a lengthy and complicated bill making changes to the state's education system including implementing a mechanism designed to improve underperforming schools. The measure also abolishes the current cap on the number of Horace Mann (48) and charter schools (72) allowed in the state and eliminates the cap on the statewide population that can be enrolled in a charter school. Another key provision includes creation of Innovation Schools that are district schools with increased autonomy and flexibility.

Supporters said that this long overdue bill would make major reforms to a system that has not had a major overhaul for many years. They said that it would help thousands of students in districts across the state. They noted that this legislation must be signed into law soon in order for the state to be eligible for its portion of up to $250 million in federal education grants.

Some opponents said that the bill is just another temporary Band-Aid solution to an ever growing list of problems with the state's school system. Others said that the bill is irresponsibly being rushed through the Senate in order to meet a deadline for the state to be in compliance with federal regulations and be eligible for millions in federal grants.

(A "Yes" vote is for the bill. A "No" vote is against the bill).

Sen. Robert Hedlund, No

REQUIRE VOTER APPROVAL OF CHARTER SCHOOL INCREASE (S 2210)

Senate 22-16, approved an amendment that would allow an increase in the number of charter schools only if the voters in that district approve the increase on a ballot referendum at the polls.

Amendment supporters said that voters should have the final say on whether there are more charter schools in their district.

Amendment opponents said that the amendment would essentially kill charter school expansion.

(A "Yes" vote is for the amendment requiring voter approval. A "No" vote is against the amendment).

Sen. Robert Hedlund, Yes

RECONSIDER VOTE THAT REQUIRED VOTER APPROVAL OF CHARTER SCHOOL INCREASE (S 2210)

Senate 27-12, reconsidered its earlier approval of the amendment that would allow an increase in the number of charter schools only if the voters in that district approve the increase on a ballot referendum at the polls.

Following reconsideration, the sponsor of the amendment withdrew it and the amendment was no longer part of the bill.

Several senators switched their votes when they originally voted in favor of the amendment but later voted to reconsider its approval. That reconsideration led to the death of the amendment when the sponsor withdrew it.

(A "Yes" vote is for reconsideration of the approval of the amendment. A "No" vote is against reconsideration and favors the amendment).

Sen. Robert Hedlund, No

CHANGE CORI AND SENTENCING LAWS (S 2210)

Senate 26-12, approved and sent to the House a bill making changes in the state's Criminal Offender Record Information (CORI) and mandatory sentencing laws.

The measure allows certain entities access to CORI information on felony convictions for ten years after the offender's release from jail and on misdemeanor charges for five years. Currently, records are sealed after 15 years for felonies and ten years on misdemeanors. All convictions for sex offenses, murder and manslaughter would be available for life. Another provision would prohibit employers from asking on initial job applications whether an applicant has been arrested or convicted.

The measure allows non-violent offenders sentenced to mandatory minimum sentences for drug related crimes to be eligible for parole upon serving two-thirds of the minimum portion of their sentence in a state prison or one-half of their sentences in a house of corrections. It also permits persons sentenced to mandatory minimum sentences for drug related crimes to get a job and to participate in education, training and employment programs.

Supporters said that the bill would finally reform the CORI system and insert more flexibility in the sentences of non-violent drug offenders.

Some opponents said that the bill should be divided into two bills - one dealing with CORI and the other dealing with sentencing. Others said that the bill is too complicated to be rushed through the Senate. Some noted that 11 district attorneys sent a letter to senators pointing out major flaws in the proposal.

(A "Yes" vote is for the bill. A "No" vote is against the bill).

Sen. Robert Hedlund, No

ALSO UP ON BEACON HILL

TREATMENT OF CIRCUS ELEPHANTS (S 1870) - The Committee on Tourism, Arts and Cultural Development heard heated testimony on legislation that would ban the use of bull hooks and chains on circus elephants. Violators would be punished by up to a $5,000 fine and/or a year in jail.

Supporters said that these elephants are treated poorly and are routinely beaten with bull hooks and chained up for most of the day.

Opponents said that the hooks are simply training tools that help to guide and train an elephant. They disputed any cruelty charges and argued that this proposed law would spell the end of circuses in Massachusetts.

The committee is also considering a bill that would provide that the state urge all school departments and local governments to encourage "public participation in programs and activities that highlight local and national, cultural, social and ethnic traditions of all citizens of the commonwealth" (H 3141).

Another bill on the committee's agenda would create a special commission to study the feasibility of the Bay State bidding for a future summer Olympics (H 3143).

NEW MOTHERS (S 57) - The Committee on Children, Families and Persons with Disabilities held a hearing on a measure requiring that employees on maternity leave for the adoption of a child be entitled to the same benefits offered to an employee on maternity leave for the birth of a child.

The committee is also considering bills that would ban adults from playgrounds unless they are accompanying a child (H 151) and require that public schools list the amount of carbohydrates contained in all food products served to diabetic children, teachers and faculty (H 159).

GUN LICENSE AND ALZHEIMER'S (H 2258)- The Public Safety and Homeland Security Committee approved legislation requiring physicians who are treating patients with Alzheimer's disease or other forms of dementia to make inquiries about whether the person owns any firearms. The physician would then be required to notify the person's local police chief who would take action to revoke any firearm identification cards and remove all firearms.

QUOTABLE QUOTES

"We're only here because Barack Obama, the savior of the free world and the apologist-in-chief is putting some money on the table."

–– Sen. Michael Knapik (R-Westfield) explaining that the Senate is debating an education reform bill only because the federal government will only make millions of dollars in certain grants available to states that comply with federal education regulations.

"I think that it's really amazing that he (former President George W. Bush) did as much as did for someone who speaks English as a second language."

–– Sen. Richard Moore (D-Uxbridge) on the sometimes word-challenged former president.

"There are three ways to get out of a recession - jobs, jobs jobs."

–– Rep. Daniel Webster (R-Pembroke) debating on the House floor.

"Sandwich Board."

–– Tongue-in-cheek State House News Service heading of a paragraph that described approval of a bill relative to the town of Sandwich visitors' service board.