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 the “per diem” travel, meals and lodging reimbursements collected by state representatives in 2011. The list reveals that representatives collected a total of $362,981. Beacon Hill Roll Call reported a few weeks ago that state senators in 2011 collected $63,918 in per diems. The combined 2011 total collected by representatives and senators is $426,899.
Under state law, 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.” These reimbursements are given to representatives above and beyond their regular salaries.
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. The Legislature in 2000 approved a law doubling these per diems to the current amounts. The payments range from $10 per day for representatives who reside in the Greater Boston area to $90 per day for some Western Massachusetts lawmakers and $100 per day for those in Nantucket. Representatives who are from areas that are a long distance from the Statehouse often collect the highest total of annual per diems.
Supporters of the per diems argue that the system is fair and note the rising costs of travel, food and lodging.
Some opponents say most other private sector and state workers are not paid for commuting. Others argue that the very idea of paying any per diem is outrageous when thousands of workers are losing their jobs and their homes, the state is in the midst of a recession, funding for important programs has been cut and taxes have been raised.
The 2011 statistics indicate that representatives have received reimbursements ranging from $144 to $9,000 while 57 representatives did not list any days and did not request any per diems. This should not be construed to mean these representatives were never at the Statehouse in 2011. It simply means they so far have chosen not to list the number of days and not to request their per diems. State law does not establish an application deadline.
The representative who received the most money in 2011 is Rep. William “Smitty” Pignatelli (D-Lenox) with $9,000.
Representatives rounding out the top ten include Reps. John Binienda (D-Worcester), $8676; Paul Mark (D-Pittsfield) $8,370; Rep. Timothy Madden (D-Nantucket) $8,300; Gailanne Cariddi (D-North Adams)$7,920; John Fresolo (D-Worcester) $7,848; Ellen Story (D-Amherst) $7,680; Sarah Peake (D-Provincetown) $7,474; John Scibak (D-South Hadley), $7,260 and Benjamin Swan (D-Springfield) $6,960.
LOCAL REPRESENTATIVES’ PER DIEMS FOR 2011
The dollar figure next to the representative’s name represents the total amount of 2011 per diem money the state paid the representative. The number in parentheses represents the number of days the representative certified that he or she was at the Statehouse during that same period.
Rep. Denise Provost $1,550 (155 days)
Rep. Carl Sciortino $1,570 (157 days)
Rep. Timothy Toomey $0 (0 days)
ALSO UP ON BEACON HILL
BUFFER ZONE LAW UPHELD – U.S. District Judge Joseph Tauro upheld the constitutionality of the 2007 law that established a permanent 35-foot buffer zone around a reproduction health clinic’s entrances and driveways. It made approaching people in these zones for the purpose of passing out leaflets or engaging in oral protest punishable by up to a $500 fine and/or three-month prison sentence for a first offense, with stiffer penalties for subsequent violations.
ILLEGAL ALIENS, LEFTOVER FOOD AND DOG TETHERING – The Judiciary Committee will hold a public hearing at 1 p.m. on March 6. Bills on the agenda include increasing from $500 to $10,000 the fine imposed on employers who hire illegal aliens (H 1345); prohibiting owners from chaining or tethering a dog to any house or other structures for longer than eight hours in any 24-hour period (H 2809); and allowing restaurants and cafeterias to donate their edible leftover cooked and nonperishable food to local food pantries (H 3156). The measure allows the donor to take a tax credit or deduction and relieves the food establishment of liability for any harm a person suffers from eating the food.
COACHES MUST LEARN CPR (S 2109) – The Senate gave initial approval to a bill that would require all coaches to have a current certification in cardiopulmonary resuscitation (CPR) from the American Heart Association, American Red Cross or other agency approved by the state’s Department of Public health. The measure prohibits schools from being responsible for the costs of certification.
ORGAN DONATION (S 2067) – Gov. Deval Patrick signed into law a bill requiring the state to adopt the Revised Uniform Anatomical Gift Act. The measure establishes revised rules and regulations for organ donations for transplantation or study.
Supporters say the bill would bring the state law into compliance with the changes in a federal law that has been adopted in 45 other states. They note this would clarify the process of making or revoking an anatomical gift, streamline the entire donation process and provide more availability of organs for transplanting. They argue the bill would save lives and reduce health care costs at no cost to the state.
PATRICK SIGNS DNA EVIDENCE LAW (S 1987) – Gov. Patrick signed into law a bill allowing individuals who have been convicted of a crime to request access to DNA evidence for forensic testing that could grant a new trial.
Supporters say it is time for Massachusetts to join 48 other states in making it easier for wrongfully convicted individuals to prove their innocence. They argued there have been 289 exonerations nationwide on the basis of post-conviction testing of DNA evidence. They note it would also lead to law enforcement pursuing the real offenders and saving the state the cost of incarcerating citizens who are wrongly convicted.
FREEZE UNEMPLOYMENT INSURANCE TAX RATES (S 2012) – Gov. Patrick signed into law a supplemental budget bill that includes freezing the unemployment insurance tax paid by employers at the 2011 level through the end of 2012 instead of allowing a scheduled increase to take effect. The payments go into a fund that provides unemployment benefits to laid-off workers.
Supporters say without this freeze, the average employer’s 2012 per-employee assessment would jump by $220 from $715 to $935. They note the freeze sends a message that Massachusetts is pro-business and will continue to work to grow the economy, stimulate business expansion, create job opportunities and get out of this recession.
END ABUSES AT STATE EDUCATION COLLABORATIVES (H 3889) – The House and Senate approved and sent to Gov. Patrick a bill making major changes in the regulation and operation of the state’s 30 education collaboratives that help teach children with special needs. The bill is in response to last year’s uncovering of the misuse of funds at the Merrimack Special Education Collaborative by former director John Barranco. He is accused of diverting $11.5 million in public funds to the center to raise his pay and that of some top executives. He is also accused of illegally using the collaborative’s credit card to charge some $50,000 in personal expenses.
“QUOTABLE QUOTES”
“Per tradition, the Statehouse was a ghost town Tuesday, with most lawmakers in the district, on vacation or with their families as February’s school vacation week began.”
State House News Service.
“As the elected representatives of a state in the grips of a growing opiate drug epidemic that was, we believe, touched off by the FDA’s 1996 approval of OxyContin, we are very wary of the impact a new, powerful opiate will have on the Commonwealth’s already high drug addiction rate.”
From a letter signed by seven state senators, responding to news that the Food and Drug Administration is considering approving a new narcotic consisting of only pure hydrocodone, one of the ingredients in the current addictive painkiller Vicodin. The new pill would be several times as powerful as today’s Vicodin, which is a mix of hydrocodone and acetaminophen, commonly known by its brand name Tylenol.
“Nearly 16,000 Massachusetts jobs could be lost by 2016, and Massachusetts’ real output could decrease by more than $8.4 billion. Small firms would bear two-thirds of the job losses and more than half of the lost sales.”
From a National Federation of Independent Business report on the costs if the Legislature approves legislation requiring employers to give up to seven paid sick leave days per year to their employees.
“In these tough economic times, no one should have to lose income — or worse, lose their job — because they get sick, but it happens all the time.”
Massachusetts Paid Leave Coalition’s Elizabeth Toulan on her support for the sick leave legislation.
“A pet is a part of a family, and pet owners expect their animals will receive quality care from a vet. Quality care includes using appropriate medication that has not expired. Pet owners need to be able to trust the veterinary marketplace.”
Barbara Anthony, Undersecretary of Consumer Affairs and Business Regulation, commenting on the report that state investigators found expired medication at 20 veterinary offices out of the 104 they visited last year. The violations resulted in fines totaling $3,800.
HOW LONG WAS LAST WEEK’S SESSION? Beacon Hill Roll Call tracks the length of time the House and Senate were in session each week. Many legislators say 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 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 February 20-24, the House met for a total of one hour and 55 minutes while the Senate met for a total of two hours.
Mon. February 20 No House session
No Senate session
Tues. February 21 House 11:04 a.m. to 11:12 a.m.
Senate 11:02 a.m. to 11:14 a.m.
Wed. February 22 No House session
No Senate session
Thurs. February 23 House 11:00 a.m. to 12:47 p.m.
Senate 11:01 a.m. to 12:49 p.m.
Fri. February 24 No House session
No Senate session
Bob Katzen welcomes feedback at bob@beaconhillrollcall.com