Beacon Hill Roll Call / Volume
35-Report No. 35 / August 25 to August 29, 2008

Copyright © 2008 Beacon Hill
Roll Call. All Rights Reserved. By Bob Katzen

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

Beacon Hill Roll Call reports
local senators’ roll call attendance records for the 2008 session through
August 29.

The Senate held 286 roll call
votes. Beacon Hill Roll Call tabulates the number of roll calls on which each
senator was present and voting and then calculates that number as a percentage
of the total roll call votes held. That percentage is the number commonly
referred to as the roll call attendance record.

Only nine of the Senate’s 40
members have 100 percent roll call attendance records. The worst roll call
attendance record belongs to Sen. James Marzilli (D-Arlington) who missed 202
roll calls (40.7 percent roll call attendance record).

Rounding out the top five
members with the worst records are Sens. Robert Antonioni (D-Leominster) who
missed 58 roll calls (79.7 percent attendance record); Frederick Berry
(D-Peabody) who missed 54 roll calls (81.1 percent roll call attendance record)
and Pamela Resor (D-Acton) and Dianne Wilkerson (D-Boston) who both missed 27
roll calls (90.5 percent roll call attendance record).

LOCAL SENATORS’ 2008 ROLL CALL
ATTENDANCE RECORDS

The percentage listed next to
the senator’s name is the percentage of roll call votes for which the senator
was present and voting. The number in parentheses represents the number of roll
calls that the senator missed.

 Sen. Anthony Galluccio 96.1
% (11)

 Sen. Patricia Jehlen 98.9
% (3)

ALSO UP ON BEACON HILL

CREMATION (H 4929) – Gov. Deval
Patrick signed into law a bill that allows funeral homes in the state to
dispose of unclaimed cremated remains in their possession if they are not
claimed within one year following the cremation. The funeral home would be
allowed to bury the remains in a common grave or scatter them in a designated
area of the cemetery.

CHILDREN’S MENTAL HEALTH CARE
(S 2804) – Gov. Patrick signed into law legislation designed to improve access
and quality of care for mentally ill children. The measure requires the
Department of Early Education and Care to provide behavioral health services in
early education and care programs in order to reach children with mental
illness earlier.

COURT UPHOLDS WIDER BUFFER
ZONES AT ABORTION CLINICS – U.S. District Court Judge Joseph Tauro ruled that
the state’s new abortion clinic buffer zone law that became effective last
November is constitutional. The new law increased the prior buffer zone around
abortion clinics from a floating six feet to a permanent 35 feet. The prior
law, approved by the Legislature in July 2000, established a six-foot
"floating" buffer zone around persons who are within an 18-foot zone
around a center’s entrances and driveways. The new law would expand the zone to
a fixed 35 feet around a center’s entrances and driveways. In January 2008,
opponents of the new statute filed a lawsuit in U.S. District Court contending
that it is unconstitutional and sets a dangerous precedent that restricts free
speech. Supporters of the new law said that an expansion would protect women
who visit clinics from being subject to harassment and harm while still
allowing protesters to express their views from a distance.

HOUSE SESSIONS CUT SHORT –
House sessions continue to be cut short as a fight goes on between Reps. Angelo
Scaccia (D-Boston) and Paul McMurty (D-Dedham). Scaccia is holding up a McMurty
bill that would give a wine and beer license to Westwood’s Wegmans Supermarket.
Scaccia acknowledges that he is blocking the bill because it would hurt
Westwood’s Roche Bros. Supermarket that does not have a liquor license. Scaccia
cites his friendship with the family that owns Roche Bros. and their many
charitable and civic contributions. Critics cry foul and point to Scaccia’s
friendship with Roche Bros. lobbyist Rep. Maryanne Lewis, a former state
representative who was defeated in her 2002 re-election bid. In the meantime,
McMurty continues to doubt a quorum at House sessions and the sessions are
adjourned for lack of a quorum. The House has been meeting only in informal
sessions and there is never a quorum present. The quick adjournments have also
resulted in inaction on other legislation pending in the House.

QUOTABLE QUOTES

"Something has to give
somewhere and it ain’t going to be me." – From a State House News Service
story quoting Rep. Angelo Scaccia on the stalemate between Scaccia and Rep.
Paul McMurty on the beer and wine license.

"Gov. Patrick better be
careful, he might come back to find that Treasurer Cahill has taken away his
chair." – Massachusetts Republican party spokesman Barney Keller
commenting on the game of musical governor’s chairs played on Beacon Hill last
week. At one point, State Treasurer Timothy Cahill was the acting governor
while Gov. Patrick and the other constitutional officers were at the Democratic
convention in Denver.

"The median price of
single-family homes in Massachusetts fell 12.3 percent in July, marking the
sharpest decline in monthly home prices since The Warren Group began tracking
the housing market in 1987." – From a press release by the Boston-based
Warren Group, publisher of Banker & Tradesman.

HOW LONG WAS LAST WEEK’S
SESSION? Beacon Hill Roll Call tracks the length of time that the House and
Senate were in session each week. Many legislators say that legislative
sessions are only one aspect of the Legislature’s job and that a lot of
important work is done outside of the House and Senate chambers. They note that
their jobs also involve committee work, research, constituent work and other
matters that are important to their districts. Critics say that the Legislature
does not meet regularly or long enough to debate and vote in public view on the
thousands of pieces of legislation that have been filed. They note that the
infrequency and brief length of sessions are misguided and lead to
irresponsible late night sessions and a mad rush to act on dozens of bills in
the days immediately preceding the end of an annual session.

During the week of August
25-29, the House met for a total of 40 minutes while the Senate met for a total
of one hour and 17 minutes.

Mon. Aug. 25 House 11:09 a.m. to 11:42 a.m.

  Senate 11:00 a.m. to 12:02 p.m.

Tues. Aug. 26 No House
session

 No Senate session

Wed. Aug. 27 No House
session

 No Senate session

Thurs. Aug. 28 House 11:04 a.m. to 11:11 a.m.

 Senate 11:00 a.m. to 11:15 a.m.

Fri. Aug. 29 No
House session

 No
Senate session

Bob Katzen welcomes feedback at
bob@beaconhillrollcall.com

Beacon Hill Roll Call / Volume
35-Report No. 34 / August 18 to August 22, 2008

Copyright © 2008 Beacon Hill
Roll Call. All Rights Reserved. By Bob Katzen

THE HOUSE AND SENATE. Beacon
Hill Roll Call records local representatives and senators’ votes on four roll
calls from prior legislative sessions. There were no roll call votes in the
House or Senate last week.

$400,000 TO REDUCE CLASS SIZES
(H 4900)

House 131-18, Senate 31-5,
overrode Gov. Deval Patrick’s veto of the entire $400,000 for a grant program to
lower the size of classrooms in kindergarten through Grade 12. The grants would
first go to kindergartens with a goal of establishing class sizes of 15-17
pupils. Supporters of keeping the $400,000 said that smaller class sizes help
provide a better education for children. They noted that students become more
engaged and have a more personal and beneficial connection with their teachers
and other students. In his veto message, Patrick said that he vetoed the
funding because it was not included in his original budget recommendation. (A
"Yes" vote is for overriding Patrick’s reduction and for keeping the
$400,000. A "No" vote is against overriding Patrick’s reduction and
against keeping the $400,000).

 Rep. Denise Provost Yes

 Rep. Carl Sciortino Yes

 Rep. Timothy Toomey Yes

 Sen. Anthony Galluccio Yes

 Sen. Patricia Jehlen Yes

$75,000 FOR CITIZEN SCHOOLS (H
4900)

House 134-18, Senate 32-5,
overrode Gov. Patrick’s $75,000 reduction (from $550,000 to $475,000) in
funding for matching grants of $1,000 per enrolled child to Citizen Schools.
According to their website, Citizen Schools operates a network of high-impact
middle-school-based after-school programs in which "volunteers from
throughout the community share what they know and love with young people in real-world
projects." The programs would receive $1 for each $1 that they receive
from private donations or local or federal funding. Supporters of keeping the
$75,000 said that these after-school programs have worked very well and have
helped thousands of children across the state improve their education and life.
In his veto message, Patrick said that he reduced the funding to an amount
consistent with his original budget recommendation. (A "Yes" vote is
for overriding Patrick’s reduction and for keeping the $75,000. A
"No" vote is against overriding Patrick’s reduction and against
keeping the $75,000).

 Rep. Denise Provost Yes

 Rep. Carl Sciortino Yes

 Rep. Timothy Toomey Yes

 Sen. Anthony Galluccio Yes

 Sen. Patricia Jehlen Yes

$200,000 FOR TUFTS VETERINARY
SCHOOL (H 4900)

House 138-18, Senate 33-5,
overrode Gov. Patrick’s $200,000 veto reduction (from $5,525,000 to $5,325,000)
in funding for Tufts Veterinary School in North Grafton. Supporters of keeping
the $200,000 said that the funding is important to this college that welcomes
300 new students annually to its four-year academic programs which offer a
degree in veterinary medicine. They noted that the school also has three
hospitals that treat an estimated 28,000 animals annually and conducts groundbreaking
research that benefits animals and people. In his veto message, Patrick said
that he reduced the funding to an amount consistent with his original budget
recommendation. (A "Yes" vote is for overriding Patrick’s reduction
and for keeping the $200,000. A "No" vote is against overriding
Patrick’s reduction and against keeping the $200,000).

 Rep. Denise Provost No

 Rep. Carl Sciortino Yes

 Rep. Timothy Toomey Yes

 Sen. Anthony Galluccio Yes

 Sen. Patricia Jehlen Yes

ENHANCE 911 EMERGENCY SYSTEM
AND INCREASE MONTHLY TAX ON CELL PHONES (H 5051)

House 158-0, Senate 36-0,
approved and Gov. Patrick signed into law a measure improving the state’s 911
emergency system and increasing the monthly "911 Tax" on cell phones
from 30 cents to 75 cents. This tax is charged to all cell phone owners to help
fund the state’s emergency 911-response system. The hike would make the tax on
cell phones equal to the one currently imposed on landline phones. Another
provision would impose the 75-cent tax on prepaid cell phones that are exempt
from the tax under current law. Supporters said that cell phone users get the
same benefits from the 911 service as landline users and should pay the same
tax. They argued that the increase would generate an estimated $25 million that
would enhance the system and save lives. Although no legislators voted against
the bill, critics say that this alleged "fee" is simply another tax
increase that would hurt overburdened taxpayers who are already struggling with
increased costs of filling up their gas tanks and heating their home. The
Senate vote was on an earlier version of the legislation. (A "Yes"
vote is for the bill improving the state’s 911 emergency system and increasing
the monthly tax on cell phones from 30 cents to 75 cents).

 Rep. Denise Provost Yes

 Rep. Carl Sciortino Yes

 Rep. Timothy Toomey Yes

 Sen. Anthony Galluccio Yes

 Sen. Patricia Jehlen Yes

ALSO UP ON BEACON HILL

TWINS IN SCHOOL (H 469) – The
Senate approved a proposal allowing parents of twins, triplets, quadruplets or
quintuplets to request that their children be placed either in the same
classroom or in separate classrooms. The school administration would be allowed
to advise the parents but would be required to abide by their request. The
House has already approved the bill. Only final approval is needed in both
branches prior to the measure going to the governor.

PROTECT ANIMALS (H 1527) – The
Senate approved a bill increasing the penalty for anyone arrested for being
present at an animal fight from a fine of up to $250 and/or 30 days in jail to
a fine of up to $1,000 and/or five years in jail. The measure also makes it a
crime to possess or distribute videos or audio recordings that depict the
torture of or cruelty to animals and imposes up to a two-year jail sentence
and/or $1,000 fine on violators. The House has already approved the bill. Only
final approval is needed in both branches prior to the measure going to the
governor.

SUDDEN INFANT DEATH SYNDROME
ADVISORY COUNCIL (H 1678) – The House and Senate approved and sent to Gov.
Patrick a new version of legislation creating the Sudden Infant Death Syndrome
(SIDS) Advisory Council. The council would be the focal point for many of the
issues surrounding SIDS.

SOCIAL WORKERS (H 1873) – The
House and Senate approved and sent to the governor a bill prohibiting employers
from restricting the right of a social worker to practice in any geographic
area for any period of time after termination of employment. Current law allows
agreements in which both parties consent to this type of restriction.
Supporters said that the restriction unfairly prohibits social workers that
leave their current job from seeing patients with whom they are currently
working. They argued that this is not good for the patient who has formed a
relationship with the social worker and could be prohibited from seeing him or
her again for years.

LOCAL EMPLOYEES MUST GO ON
MEDICARE (H 4516) – The Senate approved a local option bill allowing cities and
towns to require their retired employees to sign up for Medicare when they are
eligible. The municipality would then drop the employee’s primary health
insurance and be required to purchase less expensive secondary insurance for
him or her. The law would not apply to local retirees who have spouses that are
currently included on the retiree’s health plan until the spouse is also
eligible for Medicare. Supporters said this would give struggling, cash-starved
communities the option to save money while still protecting their local
retirees. They noted that the city or town would no longer have to buy
expensive primary coverage insurance but instead would buy less expensive
secondary insurance to complement Medicare. The House has already approved the
bill. Only final approval is needed in both branches prior to the measure going
to the governor.

BLOOD DONATIONS (H 4547) – The
House approved and sent to the Senate a measure allowing 16-year-olds to donate
blood with their parents’ permission. The measure leaves intact a current law
that allows minors over 17 to donate blood without parental permission.
Supporters said that there is a blood shortage in Massachusetts and noted that
the state imports an estimated 30 percent of its blood supply from neighboring
states. They argued that lowering the age would increase the blood supply and
noted that unlike older adults with illnesses, the overwhelmingly majority of
16 year olds are in perfect health and would not be disqualified from donating
blood.

SUICIDE PREVENTION (H 2165) –
The House approved a bill creating a 15-member special commission to study the
problem of suicide and implement a state plan to reduce the incidences of
suicide. The measure was approved by the Public Health Committee more than a
year ago and ahs been languishing in the House rules committee since March.

QUOTABLE QUOTES

"It’s a lot like being at
the Statehouse. There’s a cast of characters, there’s a lot of noise, and you
can’t really tell what’s going on." РHouse Republican Minority Leader
Bradley Jones (R-North Reading) during an interview with the State House News
Service. Jones was with his family at Canobie Lake Park in New Hampshire.

"Representative Peter
Koutoujian called on the Patrick Administration to establish regulations which
would phase out the use of trans fat in Massachusetts restaurants over the next
12-18 months." – From a press release issued by Rep. Peter Koutoujian
(D-Newton) asking the State Department of Public Health to do through executive
regulations what the Legislature has failed to do legislatively. A bill phasing
out the use of trans fat was approved by the House in June but has been tied up
in the Senate.

"Visitors should enter at
the General Hooker entrance which is just to the right of the main gate if you
are facing the State House." – From Massachusetts Secretary of State
William Galvin’s website promoting tours of the Statehouse. There is a sign in
front of the Statehouse that reads, "General Hooker Entrance."
General Hooker, of course, was a famous civil war general and is honored with a
statue in front of the building.

HOW LONG WAS LAST WEEK’S
SESSION? Beacon Hill Roll Call tracks the length of time that the House and
Senate were in session each week. Many legislators say that legislative
sessions are only one aspect of the Legislature’s job and that a lot of
important work is done outside of the House and Senate chambers. They note that
their jobs also involve committee work, research, constituent work and other
matters that are important to their districts. Critics say that the Legislature
does not meet regularly or long enough to debate and vote in public view on the
thousands of pieces of legislation that have been filed. They note that the
infrequency and brief length of sessions are misguided and lead to
irresponsible late night sessions and a mad rush to act on dozens of bills in
the days immediately preceding the end of an annual session.

During the week of August
18-22, the House met for a total of 35 minutes while the Senate met for a total
of 22 minutes.

Mon. Aug. 18 House 11:00 a.m. to 11:15 a.m.

 Senate 11:00 a.m. to 11:09 a.m.

Tues. Aug. 19 No House
session

 No Senate session

Wed. Aug. 20 No House
session

 No Senate session

Thurs. Aug. 21 House 11:09 a.m. to 11:29 a.m.

 Senate 11:03 a.m. to 11:16 a.m.

Fri. Aug. 22 No House
session

 No Senate session

Bob Katzen welcomes feedback at
bob@beaconhillrollcall.com