THE HOUSE AND SENATE. Beacon Hill Roll Call records the votes of local representatives and senators on two roll calls from the week of May 31-June 4.

ELECT PRESIDENT BY POPULAR VOTE (H 4156)

House 114-35, approved and sent to the Senate legislation that would make Massachusetts a member of The Agreement among the States to Elect the President by National Popular Vote. The agreement would require states that join the pact to cast all of their electoral votes for the presidential candidate who wins a majority of the national popular vote in all 50 states and the District of Columbia. The pact would become effective when states representing at least 270 electoral votes - a majority of the 538-vote Electoral College - join this compact. Each state has a number of electoral votes equal to the number of senators and representatives that the state has in Congress.

This endeavor is led by Fair Vote - a national group that says Hawaii, Illinois, Maryland, Washington and New Jersey, with a total of 61 electoral votes, have already penned the agreement. The proposal does not abolish the Electoral College - a feat that would require the even more difficult task of amending the Constitution. Its sponsors are attempting to do an end run around the Constitution by taking advantage of a part of the document that they say gives the states exclusive and complete power to determine how to allocate their electoral votes.

Supporters said that the Electoral College is an antiquated system that gives voters in states with a large number of electoral votes more voting power than those in other states and was designed by the framers because they did not trust the common citizen to vote correctly. They argued that presidential candidates concentrate on and campaign in a handful of swing states while ignoring most of the states that are already solidly Democratic or Republican. Some pointed to the 2000 election in which Al Gore received more popular votes than former President Bush but was not elected because Bush won the majority of the Electoral College.

Some opponents said that the Electoral College is a good system that has worked well and should not be changed. They argued that it actually gives voters in smaller states power that they would not have if the president was elected strictly by a popular vote system in which candidates would concentrate on states with larger populations. Some argued that electing the president by popular vote would give wealthy fringe candidates a chance at success by focusing their efforts in a few major urban centers. Others said that the change to a popular vote is a very serious issue that needs more study. (A "Yes" vote is for Massachusetts joining the popular vote pact. A "No" vote is against joining it.)

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

CHOOSE ONE ELECTOR FROM EACH CONGRESSIONAL DISTRICT (H 4156)

House 31-121, rejected an amendment that would scrap the National Popular Vote proposal and replace it with a new process in which one presidential elector would be chosen from each Massachusetts congressional district and two would be chosen statewide. The candidate who wins the popular vote in a district would be awarded that district's single electoral vote. This would replace the current "winner take all" system under which all 12 electoral votes are awarded to the candidate who wins statewide.

Amendment supporters said that this congressional district approach is identical to the process currently successfully used in Maine and Nebraska. They noted that this system will perhaps put some of the state's congressional districts up for grabs and end the current system that ends up with a Democrat taking all 12 electoral votes based on statewide results.

Amendment opponents said that the amendment kills the original bill which is designed to ensure that the winner of the national popular vote is elected president. They argued that it is time for a major change and overhaul. Some Democratic opponents privately acknowledged that the congressional system would give Republicans a chance at winning some electoral votes in Massachusetts - a state in which the winner usually is a Democrat who wins statewide and gets all 12 electoral votes.

(A "Yes vote is for the congressional electoral vote system. A "No" vote is against it.)

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

STUDENT ATHLETES' HEAD INJURIES (S 2469)

Senate 38-0, approved and sent to the House a bill requiring all school coaches, athletic directors, trainers, doctors, nurses, marching band directors, parents of each athlete and parent volunteers at extracurricular athletic school events to complete a head injury safety training program. The program would include information about recognizing the symptoms of potentially catastrophic head injuries, concussions and second impact syndrome and establish rules of conduct surrounding a student becoming unconscious.

Other provisions include requiring the Department of Public Health to provide student athletes with safety regulations about participation in school sports, and information related to the recognition of symptoms of head injuries and the short-term and long-term consequences of concussions.

Supporters said that this long overdue bill would save lives and prevent many serious injuries. They noted that the Center for Disease Control (CDC) estimates that up to 38 million concussions occur each year in youth sports and recreational activities. They argued that the danger is not so much in the concussion itself but in the lack of knowledge that leads to failure to diagnose the concussion quickly and effectively.

(A "Yes" vote is for the bill.)

Sen. Robert Hedlund, Yes                                     

PUT $300 MILLION INTO RAINY DAY FUND (S 2432)

Senate 7-31, rejected an amendment to a bill that would allow the state to restructure some of its debt by refinancing and spreading out over seven years, a $300 million principal payment that is due next fiscal year.

The amendment would require that the state put the estimated $300 million generated by the restructuring into the Rainy Day Fund rather than in the General Fund.

Amendment supporters said that quickly using the money for the fiscal 2011 year which begins on July 1 is a bad idea that is just another one-time fix to try to balance the budget. They argued that the money should be put into the Rainy Day Fund to help in fiscal 2012 and 2013 when the budget deficit could be even worse. Some noted that the Senate could have saved up to $1 billion if it had cut wasteful spending in the budget and adopted several cost-cutting measures that were proposed by Republicans.  

Amendment opponents said it's pouring out and now is not the time to put more money into the Rainy Day Fund. They argued that if this $300 million is not used, the only other options to close the budget gap are to raise taxes or draw from the current Rainy Day Fund.

(A "Yes" vote is for the amendment that would put the $300 million into the Rainy Day Fund. A "No" vote is against putting it into the Rainy Day Fund.)

Sen. Robert Hedlund, Yes                                     

ALSO UP ON BEACON HILL

RESTRICT TANNING SALONS TO ADULTS (S 2339) - The House approved a Senate-approved proposal that would prohibit anyone under age 16 from using a tanning bed at a tanning salon. Teens age 16 and 17 would be permitted to tan with parental permission.

Supporters recalled the case of Glenna Kohl, a young Barnstable lifeguard who used tanning beds and testified at the Statehouse in favor of this bill before she lost her three-year battle with melanoma. They said that these booths are dangerous and increase by 75 percent a person’s chances of getting melanoma. Some argued that while adults can make their own decisions, it is the state's job to protect children. Only final approval is necessary in each branch prior to the measure going to Gov. Deval Patrick.

NAMING RIGHTS TO ZOOS (H 4563) - The House gave initial approval to a bill that allows the boards of the Franklin Park Zoo and the Walter D. Stone Memorial Zoo to offer sponsor-naming  rights to the zoos and exhibits. A sponsor would be allowed to add their name to the existing name of a zoo or exhibit.

WILKERSON PLEADS GUILTY - Former Boston Democratic Sen. Dianne Wilkerson pled guilty to eight counts of attempted extortion including taking $23,500 in cash bribes to influence legislation in the State Senate and to obtain a liquor license for a proposed nightclub in her district. Prosecutors recommended a prison sentence of no more than four years, three years of probation and repayment of the $23,500 in the form of a fine. Wilkerson will be sentenced on September 20 at which time the judge is allowed to go above or below the recommended sentence. She resigned her Senate seat in November 2008.

BOMBS (S 2468) - The Senate approved and sent to the House legislation allowing law enforcement officials to prosecute people who are found in possession of bomb-making materials and intend to construct an explosive device. Under current law, a person can be convicted only if they are in possession of an "infernal machine" that can endanger life or do unusual damage to property.

Supporters said that the courts have interpreted current law to mean that a person who possesses unassembled bomb-making materials cannot be charged with a crime. They argued that the bill would close this giant loophole. They cited the case of a defendant who the court ruled could not be convicted even though he owned a brick of plastic explosives and ten blasting caps and had made threats to blow up his victim’s house.

MENTAL RETARDATION (H 176) - The House gave initial approval to a measure eliminating the words "mental retardation" from the state's law books and replacing them with the words "developmental disabilities." The Legislature in 2008 changed the name of the Department of Mental Retardation to the Department of Developmental Services.

UMASS FREEZES TUTION RATES - UMass announced that it will freeze 2010-2011 tuition rates at last year's level - an average of $11,048 for in-state undergraduate students.

QUOTABLE QUOTES

"Do things to remind yourself that a child is in the vehicle, such as placing your purse, briefcase or something else you need in the back seat so that you will have to check the back seat when you leave the vehicle."

–– From the Massachusetts Department of Public Health website offering car safety tips and how to avoid accidentally leaving a child in your car.

"Let us stop this banter."

–– Rep. Christopher Fallon (D-Malden) a supporter of electing the president by popular vote. Fallon was trying to move along the House debate on the subject.

"This is not merely banter. This is debate. That's what we get elected for. That's what we're here for."

–– Rep. George Peterson (R-Grafton) responding to Fallon.

"A deranged recount process in Florida."

–– Rep. William Strauss (D-Mattapoisett) describing the 2000 Florida recount.

"Who's going to bail us out? Greece? Europe?"

–– Sen. Michael Knapik (R-Westfield) during Senate debate on the state's financial condition.

"We don’t have enough people to do what we’re required to do right now."

–– Gov. Patrick, on the Jim and Margery Show on WTKK Radio, discussing his opposition to the Senate's proposal that would create a toll-free hotline for people to report the employment of illegal immigrants.

Beacon Hill Roll Call

Volume 36 - Report No. 22

May 31 - June 4, 2010

Copyright © 2010 Beacon Hill Roll Call. All Rights Reserved.