THE HOUSE AND SENATE. There were no roll call votes in the House or Senate last week.

Beacon Hill Roll Call has obtained the official list from the state treasurer's office of "per diems" collected by 158 state representatives in 2010 through August 30 for "mileage, meals and lodging" expenses. Per diems are paid by the state to representatives "for each day for travel from his place of residence to the Statehouse and return therefrom, while in the performance of his official duties, upon certification to the state treasurer that he was present at the Statehouse."

The 2010 statistics indicate that representatives received payments ranging from $100 to $6,200. State law does not establish a deadline that representatives must meet in order to collect the per diems.  

The amount of the per diem varies and is based on the city or town in which a representative resides and its distance from the Statehouse. These payments are taxable and range from $10 per day for representatives who reside in the Greater Boston area to $90 for some Western Massachusetts lawmakers and $100 for those in Nantucket. Representatives who are from areas that are a long distance from Boston's Statehouse often are the ones who collect the highest total of annual per diems. The Legislature in 2000 approved the doubling of these per diems to the current amounts.

Supporters of per diems say it is a reasonable practice. They note that per diems had not been raised for many years despite the rising costs of travel, food and lodging.

Opponents say that the very idea of paying legislators to drive to work is ridiculous - especially in light of the recession and the state's economy that have led to recent budget cuts and the loss of thousands of jobs. They note that other state workers and most private workers are not paid additional money for commuting to and from work.  

The representative who received the most money in 2010 is Rep. Timothy Madden (D-Nantucket) with $6,200. Representatives rounding out the top ten include Reps. William "Smitty" Pignatelli (D-Lenox) $5,940; Stephen Kulik (D-Worthington) $5,550; Ellen Story(D-Amherst) $5,460; Joseph Wagner (D-Chicopee) $4,980; John Scibak (D-South Hadley) $4,920; Michael Kane (D-Holyoke) $4,884; Demetrius Atsalis (D-Barnstable) $4,800; Dan Bosley (D-North Adams) $4,770; and Denis Guyer (D-Dalton) $4,510.

LOCAL REPRESENTATIVES' PER DIEMS FOR 2010 THROUGH AUGUST 30

The dollar figure next to the representative's name represents the total amount of 2010 per diem money that the state has paid the representative through August 30.  The number in parentheses represents the number of days that the representative certified that he or she was at the Statehouse during that same period.

A total of 78 or close to half of the state's 158 representatives did not list any days and did not request any per diems. This should not be construed to mean they were never at the Statehouse in 2010. It simply means they chose not to list the number of days and not to request their per diems.

Rep. Thomas Calter, $1,976 (76 days)                        Rep. Daniel Webster, $0     (0 days)                         

ALSO UP ON BEACON HILL

Several bills have been approved by one branch and are stuck in a committee in the other branch. Here's a look at some of those measures and where they are today.

REGULATE SHOCK THERAPY (S 2540) - The Senate on July 13 approved and sent to the House a bill that spells out the conditions under which aversive shock therapy would be allowed to be used on patients. The proposal is stuck in the House Ways and Means Committee.

The measure only allows shock therapy to be used for short-term intervals and only if without it, there is a clear risk of injury or harm to the patient or others. The therapy could only be used if less intrusive measures had already failed and if accepted scientific research supports the use of the therapy for the particular problem.

Supporters say the use of shock therapy in Massachusetts is excessive, outrageous, harmful and underregulated. They argue that the measure is a reasonable compromise that will strictly regulate but not ban shock therapy.

Some opponents say the new regulations go too far and would basically prohibit this treatment which has helped many patients. Others argue they support a complete ban on this therapy and noted Massachusetts is the only state that still allows it.

BAN CHECK CASHING FEE (H 296) - The House on July 13 approved and sent to the Senate a proposal that would prohibit a bank from charging any fee to a consumer who cashes a check at the bank on which the check is drawn - even if the customer does not have an account at that bank. Banks that break this law would be subject to up to a $100 fine per violation. The proposal is stuck in the Senate Ethics and Rules Committee.

"RIGHT TO REPAIR" BILL (S 2517) - The Senate approved and sent to the House the controversial bill that would require auto manufacturers to sell to non-dealer repair shops the complete repair information and diagnostic tools currently only provided to franchised dealer service centers. The proposal is stuck in the House Ways and Means Committee.

Supporters say the auto companies currently refuse to give the information to independent repair shops and consumers are forced to have repairs done at the more expensive dealer service centers. They argue this pro-consumer bill would lower the cost of repairs for drivers by fostering competition and allowing them to go to independent repair shops.

Opponents say the proposal would force auto manufacturers to disclose trade secrets and other proprietary information to their competition. They argued that the measure is a sneaky way for Pep Boys and other generic auto part manufacturers to obtain information that would allow them to manufacture cheap generic versions of auto parts.

TRUSTS FOR PETS (H 1467) - The House  on June 15 approved and sent to the Senate legislation that would allow pet owners to set up trust funds to take care of their dogs and cats after the owner has died, just as if the animals were minor children. The proposal is stuck in the Senate Ethics and Rules Committee.

QUOTABLE QUOTES

"Pants on Fire."

–– Title of a Massachusetts Republican Party press release charging that Gov. Deval Patrick and Treasurer Tim Cahill have a long history of deliberately misrepresenting the facts.

"At the time Spezzano was offered the position, there was no vacant fraud examiner position at the BSI (Bureau of Special Investigations). Spezzano did not have the skills or knowledge required of a fraud examiner and no other candidates were considered for the position for which Spezzano was hired."

–– Allegation by the State Ethics Commission that State Auditor Joseph DeNucci violated the conflict of interest law, by directing that subordinates hire his 75-year-old cousin Gaetano Spezzano as a fraud examiner in the state auditor's office.

"By a 10-point margin, (54 percent to 44 percent), Massachusetts voters favor slicing the state sales tax from 6.25 percent to 3 percent."

–– From a State House News Service poll on the ballot question, opposed by all four gubernatorial candidates, that would cut an estimated $2.4 billion in state revenues.

"We are mortgaging the future of the state, I believe, by not paying attention to this."

–– Massachusetts Higher Education Commissioner Richard Freeland on recent cuts in state funding for higher education.

"Since the first registrations were issued around the turn of the century, low number plates have historically been viewed as a status symbol reserved for the well-connected. The lottery ensures that all vehicle owners have a fair and equal opportunity to get these coveted registrations."

–– Registrar of Motor Vehicles Rachel Kaprielian on the recent Low Number License Plate Lottery. This year a record 8,585 people entered for a chance to win 179 low license plates including R12, F17 and 55A.  

Beacon Hill Roll Call

Volume 36-Report No. 36

September 10, 2010

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