BHB: February 2003 Archives

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Beacon Hill Beat By Curt Lovelace

February 2003 Editions. Compiled from staff reports, wire services, and the State House News Service.

Raiding housing, worker training and renewable energy funds and raising real estate transaction fees, the House and Senate on Tuesday approved a $207 million plan that tries to push this year's state budget into the black. The plan draws down several special purpose state funds to help balance a $23 billion state budget that may still be about $100 million out of balance when fiscal 2003 ends June 30. Gov. Mitt Romney and the Legislature may be forced to take additional budget-balancing actions before then.

The proposal, by largely avoiding spending cuts or creation of new permanent revenues, does little to cut into a multi-billion dollar structural budget gap created by a tax revenue implosion and spending increases paid for by reserves that have quickly evaporated.

Romney estimates the budget gap in the fiscal year ahead at $3 billion. Romney's aides estimate this fiscal year's budget gap at between $485 million and $650 million, depending on the health of tax collections reported over the next four months. The $207 million plan shipped to his desk today, combined with $343 million in unilateral budget cuts Romney made in January, address a $550 million imbalance.

Gov. Mitt Romney on Monday proposed abolishing two massive state health care agencies, trimming bureaucracy, and closing one-fifth of the state's regional health and human services offices as part of a plan to save $90 million.

Romney's proposal to restructure the state's health and human services agencies must be approved by the Legislature to become law. The plan will be part of Romney's budget plan, which will be filed today, and in a separate restructuring proposal to be filed on May 1. The proposal, largely developed by a former Weld administration official Charles Baker, calls for the elimination of two agencies, the Division of Health Care Finance and Policy, which sets rules and pricing for public purchasers of health care services, and the Division of Medical Assistance, which oversees Medicaid, the health insurance program for one million poor people, many elderly and disabled.

There's another routine meeting of the Governor's Council this week. Because Gov. Mitt Romney has restructured the Judicial Nominating Commission and the system for recruiting and screening potential judges, it will be several months before he sends the name of his first judicial nominee to the council. But the council will continue to meet to process routine financial warrants authorizing the state to pay its bills and applications from those seeking to be notaries public and justices of the peace.

Tuesday February 25, 2003
Commonwealth's Budget Gap Par for the National Course

As Gov. Mitt Romney prepares to release a spending blueprint intended to close a $3.2 billion state budget gap, the nation's governors report state governments are collectively looking at $82 billion in red ink for the fiscal year that begins July 1. Massachusetts' $650 million deficit in the current fiscal year accounts for a portion of the $30 billion in budgetary imbalances across the country for fiscal 2003. A four-day meeting of the National Governors Association in Washington D.C. ends today. The governors are newly reporting that Medicaid is now a larger program nationally than Medicare.

Romney will preview the filing of his first state budget proposal today at 5 p.m. during a televised address that he is billing as a State of the State. The bill will be unveiled on Wednesday.

In the wake of a Rhode Island club fire that has claimed 97 lives to date, Massachusetts State Fire Marshal Stephen Coan is reviewing state licensing procedures that govern individuals who engage in pyrotechnics and other special effects.

Gov. Romney instructed Coan to conduct the review on Friday. Romney has also asked Coan to communicate with local fire chiefs concerning the issuance of pyrotechnic displays, especially in indoor settings.

Dominick Ianno, a former campaign aide to Gov. Mitt Romney and spokesman for Govs. Paul Cellucci and Jane Swift, was named executive director of the Massachusetts Republican Party on Monday. Cindy Faulkner, a former public affairs director for a Washington DC consulting firm and aide to US Defense Secretary William Cohen, was named fundraising director. The state GOP board approved both positions, the party said.

Health advocates led postcard-toting children to the door of Gov. Mitt Romney's office Monday, to ask that a portion of the state's massive settlement with tobacco companies be used to fund antismoking programs. Massachusetts' antismoking programs, once a national model, have been all but eliminated because of budget cuts. Advocates with the Massachusetts Coalition for a Healthy Future asked that Romney divert a part of the
state's $730 million annual settlement with the tobacco industry to rebuild the programs. Tobacco advertising targets children, and without countervailing public health campaigns, kids will get hooked, advocates said.

"This is an issue that is truly about our children," said the coalition's executive director, Diane Pickles. In 1998, Massachusetts and 45 other states settled a legal battle with the tobacco industry. The agreement, advocates say, directed that a portion of the settlement be used for antismoking programs. Asked about the advocates' request, Romney said, "We currently do use a great deal of the tobacco settlement money for providing health and human services, one of the largest aspects of which goes to people who are bearing the burdens of tobacco use, and we'll continue to use funds for that purpose." He added, "We're happy to do our best to our best to reduce smoking, whether we have an extensive advertising program and how large that might be" would have to be worked out with state officials, he said.

Gov. Mitt Romney will deliver what his administration is calling a "State of the State address" Tuesday night to outline his budget plan, which will be unveiled Wednesday. The address was still in the planning stages Friday, but aides said it would be delivered from Suffolk University in Boston. Romney spokeswoman Shawn Feddeman said Romney will use the speech to focus on the challenges of writing a budget that must close a $3.2 billion spending gap.

"It gives him an opportunity to outline his budget priorities and why the reforms that he will outline are important to the future of the state," she said. "It's an important time in Massachusetts. We're at a crossroads right now and reform is necessary to our state government."

House Speaker Thomas Finneran and Senate President Robert Travaglini have been invited to the speech.

The Board of Education holds its monthly meeting Tuesday. Among the items on the agenda are the consideration of five new charter schools, the renewal of five existing charters, and proposed regulatory changes to comply with the English immersion initiative passed last fall. Of the five new charters being recommended, one school plans to open this year and the other four are planning to open in 2004.

There will be an initial discussion and vote to solicit public comment on three items pertaining to Question 2, the ballot initiative that revamps the state's bilingual education system. Under the law, students will be taught in their native language for only one year before being immersed in a strictly English-speaking classroom. Under review Tuesday will be proposed regulations affecting the implementation of the new law, teacher qualifications, and benchmarks for English language proficiency. The Department of Education has prepared written guidelines to assist teachers in developing effective curriculums for students with limited English proficiency, and will serve as the blueprint for the establishment of a new state English Proficiency Assessment, as required by Question 2 and the federal No Child Left Behind Act.

Activists representing the recipients of state health and human services will react Tuesday afternoon to the reorganization plan Gov. Romney is expected to announce today. At the same event, the Massachusetts Human Services Coalition will release the 22nd edition of "The People's Budget," its annual item by item analysis of the current state budget. This year's version will detail the impact of six rounds of budget cuts made over 18 months that total more than $1 billion. The coalition will also launch www.cutnomore.org, a web site that is part of a campaign to preserve health and human services.

Environmental advocates converge on Beacon Hill Tuesday. Organizers will present evidence of the effects of previous budget cuts, including hazardous waste cleanups that have been discontinued, recycling efforts that have been scrapped, reduced recreation opportunities, and the failure to enforce environmental protection laws. There will also be some discussion of Gov. Romney's proposal to merge the MDC and the DEM and create a new Division of Conservation and Recreation. Environmentalists voiced support for Romney's restructuring plans, but cautioned that the largest problem is not mismanagement as much as it is lack of funds.

The state's parks and recreation facilities are in disarray, according to the Environmental League of Massachusetts. It is a point that Romney agreed with. Advocates provided several statistics to support their case that the environment is underfunded. The total budgeted for environmental agencies has been reduced between 2001 and 2003 by 23 percent, down from about $226 million to about $175 million. State Sen. Pamela Resor (D-Acton) will attend the event, as will Wrentham Town Manager James Merriam, and members of the Environmental League of Massachusetts, MASSPIRG, MassAudubon, Organization for the Assabet River, and the Massachusetts Land Trust Coalition.

While court officials for years have argued the system is underfunded, Gov. Mitt Romney on Thursday said waste in the courts is "eye-popping" and "practically leaps off the page." Romney said court costs since 1996 have grown by an average of 7 percent a year despite a decrease in case volume of 1 percent. He wants to save $4 million by folding the Boston Municipal Court into the district court system. The governor wants to save another $3.5 million by closing eight underutilized courthouses and rolling them into adjacent districts.

The courthouses on that list are in Ipswich, Charlestown, Natick, Orange, Clinton, Ware, Uxbridge and Winchendon. To save $12 million while curbing patronage, Romney is targeting courts where there are more assistant clerks and registers than there are judges. To help court administrators, Romney wants to give them more flexibility in managing their budgets.

There are very few topics of discussion on Beacon Hill these days. Budget is the only one that matters in most quarters. In one of his first major policy proposals, Treasurer Timothy Cahill on Thursday offered up a plan to generate $35 million in revenue by holding Keno drawings every four minutes instead of every five minutes. A lotto-style computer game most often played in bars and restaurants, Keno is the Lottery's second most popular product. There are 1,700 Keno agents statewide. Cahill and new Lottery director Joseph Sullivan say the change will help municipal leaders who are facing reductions in state assistance.

If House and Senate negotiators can reach a compromise soon, the House stands ready to take it up on Tuesday. The House on Thursday scheduled a full formal session for 2 p.m. Tuesday. House Democrats plan to caucus at 1 p.m. Negotiators are considering differing bills that spend down special purpose reserve funds, close business tax loopholes and raise fees on real estate transactions. House and Senate conference committee members were named Tuesday, but had not met formally as of Thursday afternoon. A week after it was passed, the Senate bill is still not in print or available on the Internet.

MDC Just Keeps Rolling Along

In the wake of Gov. Mitt Romney's proposed restructuring of the state's environmental agencies, members of the MDC met Thursday morning and conducted "business as usual", according to Acting Commissioner William McKinney. The commission convened for about 20 minutes at its weekly meeting and addressed several matters, including the approval of cemetery lots and the confirmation that fishing at the Wachusett Reservoir will be allowed beginning on the first Saturday of April. McKinney said MDC skating rinks are scheduled to close March 15 and that pools will open July 1, as they did last year. He said he did not believe Romney's emergency budget cuts had any effect on this year's schedule, but referred questions to the Executive Office of Environmental Affairs.

Thursday February 20, 2003
Romney Unveils Plan For State Parks and Recreation Areas

Promising to maintain and improve Massachusetts' park and recreation systems, Gov. Mitt Romney on Wednesday proposed a new executive agency to do the job. Romney's much-touted plans to restructure state government came into clearer focus as he officially announced his intention to merge the Metropolitan District Commission with the Department of Environmental Management. "We'd like to make our urban parks better parks," Romney said. "We'd like to have them cleaner, more beautiful, and open to all of our citizens."

Romney promised not to eliminate or close any parks, pools, rinks or beaches as a result of the restructuring. The new system will combine the duties of the two agencies under a new Division of Conservation and Recreation. The new division would fall under the Executive Office of Environmental Affairs. The plan requires legislative approval. Lawmakers are preparing to review a host of Romney reorganization plans in the coming months.

Too often, Romney said, agency responsibilities overlapped. In addition, facilities or parks located within miles of one another were sometimes in vastly different condition due to a lack of effective management or oversight. "Every park in Massachusetts needs to be world-class and the way to achieve that is by having a unified, world-class management system where we know precisely who is accountable for carrying out which job," Romney said.

Gov. Mitt Romney sent a letter Tuesday asking President Bush to send money to help snow-covered Massachusetts dig out from the weekend blizzard. Romney is requesting federal aid for all 14 counties in the state. Romney's request came after state officials determined the storm, which dumped a record-breaking 27.5 inches on Boston, met federal standards for an "emergency," said Nicole St. Peter, a Romney spokeswoman. The state spent $7 million cleaning up from the blizzard. Massachusetts now has a snow and ice bill of about $63 million - four times what the Legislature set aside for that purpose.

Judge Karyn Faith Scheier is succeeding Judge Peter W. Kilborn as chief justice of the Land Court. Kilborn retired Feb. 17 after serving as chief justice since 1996. Judge Scheier was appointed to the Land Court in 1994. Chief Justice for Administration and Management Barbara Dortch-Okara appointed her to her new post, which comes with a five-year term. The statewide Land Court has six judges and is based in Boston. It has jurisdiction over the registration of property titles, zoning and subdivision matters, and the foreclosure and redemption of real estate tax liens. Before joining the court, Scheier was a sole practitioner for one year and spent the bulk of her legal career at the law firm of Hutchins and Wheeler. A former Weston resident, Scheier lives in Boston.

Gov. Mitt Romney Tuesday said the state spent more than $7 million to clean up from the latest winter blast. The expenditure puts the snow and ice removal cost for this year at between $62 million and $63 million, nearly 4 times the original budget. Romney said the administration may file a supplemental budget to request additional snow and ice removal funding, but is awaiting word on whether federal aid is forthcoming. Romney made the remarks at an afternoon press conference announcing the formation of a commission on affordable housing. The administration has established a task force to study the state's controversial Chapter 40B law, which allows developers in some communities to bypass local zoning laws if 25 percent of their new housing units are deemed "affordable."

Budget Deficit Conference Committee Named

The House and Senate voted to name conference committee members on legislation making a variety of fund transfers to address approximately $145 million of this year's budget deficit. House members are Reps. Rogers, Larkin and deMacedo. The Senate side comprises Murray, Panagiotakos and Knapik. The Senate included language extending the reachback period for pursuing compensation for poor management of the Central Artery project. Lawmakers are proposing an increase in fees at the Registries of Deeds to address the deficit and the technological shortcomings of the registry system.

Romney Still Plans to Close 'Tax Loopholes'

Gov. Mitt Romney on Friday stood by his proposal to close what he calls tax loopholes but what banking industry officials say feel like tax hikes. Romney has proposed, and the Legislature has agreed to, legal changes intended to prevent banks continuing to shelter real estate investment trust dividends from taxes. Banking industry officials are particularly upset about the proposal's retroactivity - it would and tax all such dividends recorded since 1999. Lawmakers intend to put the resulting tax revenues, estimated at as much at $150 million, into the state's rainy day or stabilization fund. Asked Friday what he thought of lawsuits the banking industry is threatening to bring over the retroactive tax claims, Romney said: "I believe we do have loopholes that have been exploited inappropriately, and we have every right to close those loopholes."

Tuesday February 18, 2003
Budget Committees Likely to Be Appointed This Week

Having rested up on the Presidents' Day national holiday, both legislative branches have scheduled informal sessions for late this morning. Legislative leaders will likely appoint conference committee members to reach a House-Senate compromise bill aimed at closing a fiscal 2003 deficit estimated at anywhere between $485 million and $650 million. Gov. Romney's $343 million in unilateral budget cuts announced in late January closed about half of the gap. Legislators propose closing most of the remainder by drawing down special purpose reserve funds and substantially increasing property transfer fees assessed at Registries of Deeds and Land Court offices.

Little is likely to be actually accomplished this week, since it is a school vacation week and many legislators are know to flee to warmer climes with family. Traditionally this is a light work week in the legislature.

Candidates running for the House seat vacated by Rep. Joseph Sullivan (D-Braintree) must file their nomination signatures today with local voter registers who will then review them to make certain each has collected at least 150 proper signatures. Then those signatures have to be carried by Feb. 25 to Boston and the offices of Secretary of State William Galvin's Election Division.

The Executive Office of Elder Affairs will hold a public hearing Friday to outline what the Romney administration is calling "modifications" to the state's Prescription Advantage program. Romney in January slashed $10 million from the $95.6 million first-in-the-nation elder prescription drug insurance program. The agency halted new enrollment Feb. 1 and will suspend the "open enrollment" period that was due to take place in March and April. New enrollments are for people who turn 65, while the open enrollment period has been available in the past for seniors over the age of 65 who did not previously sign up for the program.

Prescription Advantage serves 80,000 residents, and freezing enrollments may not be enough to account for the funding reduction, according to Romney aides. The administration is waiting to receive word on a waiver filed with the federal government that would provide some matching funds for the program. If the waiver is not approved, which will be known by April 1, the program's benefits will have to be adjusted. Health and Human Services Secretary Ronald Preston expects the waiver to be denied.

Much has been written over the years about the premium pay of legislative leaders but Speaker Thomas Finneran was the only House member who earned any during January. Finneran did not have his top leadership team or his committee chairpersons in place during the first month of the 2003/2004 session. So everyone but Finneran was considered a rank-and-file member and eligible only for a base salary of $53,380.

But Rogers, who is likely to retain his perch atop the budget-writing committee, collected pay at the same rate as any freshman legislator in January. Once Finneran, who has been preoccupied with the state's budget problems, announces his choices for extra-pay spots, Rogers and another 40 House members will be eligible for special stipends that accompany them. Those stipends range from $7,500 to $20,000 above base pay.

House and Senate conferees are working to write a compromise version of the joint rules that will govern the flow of legislation between the branches for the next two years. Negotiations are not expected to be prolonged. Both branches have agreed that conference committees should be required to release important bills before the current midnight deadline if they are to be debated on the afternoon of the following day. The Senate thinks conferees should have to report by 5 pm and the House by 8 p.m. on the eve of debate. The Senate believes joint standing committees should have to finish work on the bills before them by February 15 of the second year in each biennial session, while the House would give them until second Wednesday in April of that second year.

There are other differences over the process for admitting late-filed bills, how special formal sessions can be called after their required conclusion each year, and whether cities and towns should be given advance word of their local aid allotments by July 1 of each year. The Senate has also proposed that elected officials, with the exception of the constitutional officers, be limited to no more than two minutes in addressing legislative committees.

House conferees on the rules package are Democratic Reps. Salvatore DiMasi and Angelo Scaccia of Boston and Bradley Jones (R-North Reading). Senate negotiators are Stephen Brewer (D-Barre), Joan Menard (D-Somerset) and Richard Tisei (R-Wakefield).

The Special Committee on Elections has yet to take action on the disputed seat of Cape Cod Rep. Matthew Patrick, frustrating the Republican member of the three-person panel charged with reviewing the case. Rep. George Peterson (R-Grafton) said with formal sessions scheduled next week, the House may consider a resolution asking the Supreme Judicial Court to issue an expedited advisory opinion on the matter. Patrick, a Falmouth Democrat, won re-election by 12 votes, and by 17 votes after a recount. But his opponent, Republican Larry Wheatley, challenged the results and a Barnstable Superior Court judge ordered the Legislature to schedule a special election. Instead, House Speaker Thomas Finerran appointed a commission to decide who has the authority to order a special election, the Judiciary or the Legislature.

The committee is chaired by House Majority Leader Salvatore DiMasi (-Boston), and also seats Rep. Eugene O'Flaherty (D-Chelsea) and Peterson. They heard testimony from both sides more than two weeks ago and have been in receipt of the court transcripts for more than a week. DiMasi has not scheduled another meeting or communicated when a recommendation may be ready for the House. Peterson said DiMasi tells him only that he is reviewing the matter with House Counsel.

The Senate's leading Democrat said Wednesday he believes more emergency cuts by Gov. Mitt Romney may be necessary to balance this year's budget and tax hikes, cuts in Lottery prizes, casino gambling, and further local aid reductions are all potential solutions to close next year's budget gap. At a morning address to Boston business leaders, Senate President Robert Travaglini hailed the spirit of cooperation that has characterized discussions to date between Romney and legislative leaders, but warned of difficult budget negotiations ahead that could cool the tenuous relationships.

"We will not support, and I hope we do not receive, proposed reforms that target and punish unpopular constituencies, or ones designed to gain popularity in the media but not to generate real efficiencies and saving to the taxpayers," Travaglini said in reference to Romney's budget proposal expected at the end of February.

Gov. Mitt Romney's move to overhaul the judicial selection process appeared to sit well with the public and the legal community this week, but most members of the Governor's Council are taking a wait-and-see attitude. The eight-member council is the final hurdle for every judicial nominee and none can take a seat on the bench without the advice and consent of a majority of councilors.

For the past several decades, governors have created Judicial Nominating Commissions made up of lawyers who prescreen applications for the courts, interview candidates and forward recommendations to the governor. The governor then sends his choice for a specific opening to councilors for confirmation. In the wake of charges that the system in recent years had become too political and that some candidates advanced based on their connections rather than their qualifications, Romney on Tuesday signed an executive order to place his own brand on the process.

Romney eliminated the four regional nominating committees created 10 years ago to assure that lawyers outside the Greater Boston metropolitan area were considered for openings. The new governor returns to a single JNC made up of 21 lawyers from across the state. His order also imposes new restrictions on those 21 commissioners.

There is no hope for 14,000 University of Massachusetts employees fighting to win funding for negotiated salary increases in the upcoming state budget, Gov. Mitt Romney and a powerful House lawmaker said Wednesday. "We couldn't afford to fund these contracts last year and now we face a $3 billion deficit in fiscal year 2004," said House Ways and Means Chairman Rogers (D-Norwood), a key lawmaker who helps write the state budget. "There is no way we will be able to fund these contracts."

Gov. Mitt Romney, who plans to release his budget proposal Feb. 26, agrees. "All contracts are subject to appropriation and there is no appropriation for these raises," said Romney spokeswoman Jodi Charles. "We have no money for these raises."

Union leaders call those positions a betrayal. About $130 million is needed to fund three years of raises, which were due professors, clerical workers, and maintenance staff two years ago, union officials say. "It's outrageous,"said Catherine Boudreau, president of Massachusetts Teacher Association. "The state is reneging on its commitment. These contracts were duly negotiated and agreed to by the House and the Senate. It's a breach of promise."

Wednesday February 12, 2003
Opponents Brand MCAS a Punishment to 'An Entire Socio-Economic Class'

Politicians, educators, and community activists held a forum Tuesday where they criticized the use of MCAS as a graduation requirement. Opponents of the exam say it is too narrow a measuring device to fairly assess the performance of schools and students. The coalition voiced support for an alternative that would combine standardized testing with comprehensive state and local assessment of school districts.

Frank Haydu, a former member of the Board of Education who helped craft the 1993 reforms, argued that the law's intent to assist the disadvantaged is being undermined by inequities that still exist between urban and suburban school districts. Haydu listed the contrasts in class sizes, quality of school libraries and availability of textbooks, access to advanced placement courses, and availability of extra-curricular activities, as evidence of disparities. "A code red condition exists for inner city schools," Haydu said. "We should not punish an entire socio-economic class."

But James Peyser, chairman of the Board of Education and an education advisor to Gov. Mitt Romney, defended the use of the MCAS exam as a graduation requirement. Peyser said an injustice is done to poor and minority students when they are allowed to graduate without the necessary skills to land a decent job or compete in business. "The test is a very good assessment of the students' ability," Peyser said. "And the greatest injury is sending kids into the world with a diploma that serves no real purpose."

The Senate budget committee approved legislation Tuesday afternoon that raises a host of real estate fees, raids numerous special purposes funds, and reaches back to 1999 to grab as much as $150 million from bank investments that legislators say are taxable. Banking industry officials say the bank taxes are retroactive and will be challenged in court. Unlike plans offered by Gov. Mitt Romney and the House, the Senate plan addresses the full $650 million projected fiscal 2003 deficit, senators said. The bill does not include any spending cuts and committee members agreed that some programs have been spared only for a few months

Senators met briefly Tuesday, adopting an order requiring that proposed amendments to their version (S 1939) of the House-passed supplemental budget (S 2022) must be filed with the clerk by 1 p.m. today. Debate is set for 1 pm Thursday.

Tuesday February 11, 2003
No Clean Elections Funding For South Shore Special Election

Under a law approved by the Legislature and signed by Gov. Mitt Romney last Thursday, candidates in a Braintree-based House district will not be eligible for public campaign financing if they agree to fundraising and spending limits. Rep. Jay Kaufman (D-Lexington) filed the amendment to make it a Clean Elections-free election. The move is the latest piece of evidence that the 1998 law is being dismantled.

After Gov. Romney proposed two weeks ago to raid the judgment fund, the House agreed to his plan and the Senate is likely to follow suit on Thursday. A Senate Ways and Means version of the House bill is due out on Tuesday.

Voters last November approved a non-binding ballot question expressing their disapproval of a system that uses taxpayer dollars to pay for political campaigns, a basic premise of the 1998 law. House leaders have signaled they intend this year to seriously consider legislation repealing the voter law.

House Members Moving Offices, Not Bills

The House met for 10 minutes Monday morning before adjourning and agreeing to return Thursday morning for another informal session. It does not look like the House will be up to much this week. Members are moving into offices and settling into committees. The House is also awaiting Senate action, which is expected on Thursday, on legislation closing tax loopholes and clearing out special purpose funds to help balance the fiscal 2003 budget.

The Executive Office of Environmental Affairs - one of many agencies the governor has talked about restructuring - holds a public hearing Thursday to help officials plan its FY04 budget. Environmental advocates say the agency's ability to protect the air, land, and water is in jeopardy. Over the past fiscal year, the Department of Environmental Protection has sustained a 15 percent cut in staffing, according to the Environmental League of Massachusetts.

Gov. Romney has also unveiled plans that could halve the number of attorneys working in state government - singling out in particular the 60 attorneys who work in environmental agencies. Advocates say the attorneys perform vital work cracking down on polluters and litigating to clean up waste sites. Romney says the same work can be done less expensively, with fewer staff, working in one central law office for state government.

Monday February 10, 2003
'Amber Alert' Should Raise Vigilance, Not Fears, Says Public Safety Chief

State Public Safety Secretary Edward Flynn is urging Massachusetts' residents to "go about their normal course of business" but remain vigilant in response to the Bush Administration's decision to raise the nation's terror alert level from yellow to orange, the second highest alert on the color-coded scale. Flynn told a press briefing at the State House that there is no indication of any specific threat against Massachusetts locations, just generalized evidence of threats against Americans both at home and abroad.

Flynn said public safety agencies are seeking to pace the deployment of resources over the long haul. Fewer "symbolic deployments" -such as stationary State Police cars positions outside major buildings - will be seen compared to the last orange alert, in September. All public safety personnel are stepping up their vigilance, he said, and Logan Airport is taking extra safety measures. For the average citizen, Flynn said, the elevated alert should mean increased vigilance for suspicious activity. Beyond that, he urged residents to remain calm. Gov. Mitt Romney hired Flynn, a former Virginia police chief, as the state's public safety secretary in part because of his experience with terrorist-related situations. Flynn helped coordinate the public safety response after the attack on the Pentagon on Sept. 11, 2001, and helped in the manhunt for the DC-area snipers.

Candidates who want to succeed Rep. Joseph Sullivan (D-Braintree) in the Massachusetts House are busy this week collecting nomination signatures. Sullivan resigned two weeks ago after being chosen by State Treasurer Timothy Cahill to head up the State Lottery. For the past decade, Sullivan has represented the 5th Norfolk Representative District, which includes Braintree along with one precinct in Holbrook and three in Randolph. Several candidates are said to be collecting the 150 nominating signatures each must file with local voter registrars by Feb. 18.

Last week, House Speaker Thomas Finneran set May 13 as the date for the special election and party primaries will be held Apr. 1. Under terms of a law Gov. Romney signed last week, the state's so-called Clean Elections Law will not apply to the special election.

Opponents of charter schools will converge on the State House Thursday to rally support for 2 pieces of legislation that will temporarily freeze enrollments and halt the approval of new charters. Municipal officials, school administrators, and legislative sponsors will join parents at a press conference promoting a 3-year freeze on the approval of new charter schools. Schools already approved would be allowed to open. There are currently 39 Commonwealth Charter Schools in the state, costing about $125 million a year.

The bill to place a moratorium on new charter schools is co-sponsored by Sen. Marc Pacheco (D-Taunton) and Rep. Thomas O'Brien (D-Kingston). A second bill sponsored by Rep. Deborah Blumer (D-Framingham) would cap charter school enrollment at its current level. The restrictions in both pieces of legislation would be retroactive to January 1, 2003. The Alliance for Educational Equity is sponsoring the event.

At a public hearing intended to focus on the challenges of next year's budget, seniors and advocates for the elderly made clear they are not satisfied with this year's budget cuts, venting anger and consternation over a $10 million reduction Gov. Mitt Romney made last week to a landmark prescription drug insurance program. "This program is a lifeline," said Deborah Banda, state director of AARP, which represents about 800,000 people over age 50 in Massachusetts.

The cut to the Prescription Advantage program, part of a budget-balancing plan enacted by the governor, will force the program to close enrollment. It has 80,000 enrollees now.

A huge crowd poured into Gardner Auditorium Thursday morning and spent all day warning lawmakers that real people will suffer real pain if the state makes more cuts in human service programs. Gov. Romney's health and human services officials heard about mentally ill patients likely to become homeless or incarcerated, young mothers with disabled children unable to work or care for their kids, mentally retarded individuals being forced from home and institutionalized, and increased HIV infections.

Stephen Collins, Executive Director of the Massachusetts Human Service Coalition, referenced Romney's budget chief's comment that the emergency reductions do not cut into the "muscle and bone" of government. His face red and his voice rising, Collins said, "I'd like to point out that you could skin a person alive without cutting muscle and bone. But you have certainly cut flesh and blood." His comments drew a response for the Secretary of the Executive Office of Health and Human Services, Ronald Preston. Preston, like his colleagues sitting with him, appeared slightly annoyed during some of Collins remarks. He said using reserves or short term borrowing solutions does not address the larger problem of skyrocketing medical costs. "We are willing to work together, because we need to develop a better health care system overall," Preston said. "We need to re-organize to better serve everyone in the community."

Romney cut $134 million in human services Jan. 30, including $75 million from the Medicaid program that funds health care for the poor and the elderly.

An arcane provision in state law has forced Gov. Mitt Romney to reinstate 21 of the 27 Swift administration board and commission officials whose memberships he revoked on January 2, his second day in office. Romney's chief of staff, Beth Myers, on Jan. 2 sent a letter to the 27 Swift appointees, telling them that state law allowed the new governor to strip the officials of their unpaid positions, because Swift had appointed them in her final 15 days in office. The letter explained to the appointees that their memberships had been rescinded, and that they should "be assured that termination is not a reflection of your abilities."

But an obscure provision in state law has forced Romney to reverse course, and reinstate 21 of the appointees, including Swift's former press secretary, James Borghesani, who Swift appointed to the Disabled Persons Protection Commission.

"As it turns out, the law only gives the governor the power to rescind appointments that have historically required the approval of the Governor's Council," Romney spokeswoman Shawn Feddeman said, referring to the eight-member council that nowadays primarily screens and approves judges and clerk magistrates.

On the same day that forecasters predicted revenues even $500 million lower than previous estimates, Gov. Mitt Romney sent lawmakers a bill to hike a variety of real estate-related fees charged by the state's registries of deeds and to add a $5 surcharge for every transaction at those offices. The surcharge will supply funds to upgrade information and other technology needed to modernize the county offices that keep track of property and mortgages. The new fees would go into effect March 1 under terms of the Romney proposal. The House sent the plan to the Legislature's Judiciary Committee.

State education officials announced Wednesday that they have granted MCAS appeals in 112 of the 196 cases recently reviewed. It's the second round of appeals. During the first round in December, 210 of the 292 requests were granted. Those granted appeals are virtually assured of graduating in the spring. To be eligible for an appeal, a student must have taken the grade 10 MCAS in English or math at least three times, scored a 216 or above at least once, maintained a 95 percent attendance record and participated in tutoring and academic support programs in school. Twelve Massachusetts public high school educators serve on the MCAS Appeals Board.

Defenders of government health and human services programs that help the poor, needy and disadvantaged are promising a massive turnout for Thursday's annual fiscal 2004 budget hearing hosted by the Executive Office of Health and Human Services. Ronald Preston is the state's new health and human service secretary. Advocates say programs have been cut by more than $1 billion during the fiscal crisis. As most are bracing for additional cuts in the year ahead, advocates will call for no further cuts and for tax increases and the use of remaining state reserves to preserve services. Advocates will also express their skepticism of Gov. Romney's yet-to-be-unveiled restructuring plans that they fear will be mostly about trimming the payroll. The hearing begins at 9 a.m. in Gardner Auditorium.

Wednesday February 5, 2003
House Ways and Means Balks at Governor's Tax Proposals

Rep. John Rogers, chairman of the House Ways and Means Committee, sent his colleagues a letter Tuesday night saying the House won't adopt much of the governor's requested $143 million in budget actions requiring legislative approval. Notably, Rogers indicates the House will not adopt requested changes in Medicaid eligibility and the governor's call for state employees to pay 25 percent of their health insurance costs, instead of 15 percent.

Rogers says the House probably will adopt a package of about $150 million worth of transfers from "minor" and special funds to the General Fund to make the books balance this year. He also says representatives will be asked to pass "provisions to close tax loopholes that may produce savings in this fiscal year."

Rogers warns that fund transfers made to cover this year's deficit will actually make the Fiscal 2004 deficit worse. He tells his members, and Romney: "The remainder of the Governor's proposed legislative solutions will continue to be scrutinized by the Legislature in the days ahead, but the severity of the fiscal crisis compels immediate action on other, clearer legislative solutions." The House plans to take up the deficit-mitigation plan after a Democratic caucus today at 11 a.m.

During a routine House session reserved for uncontroversial business, Speaker Thomas Finneran (D-Boston) yesterday quietly moved to raise the pay of a handful of his top lieutenants, but was thwarted by legislators who said they were caught unawares. The bill Finneran sought to admit to the House yesterday would have allowed the House and Senate to approve additional pay for leadership positions without having to pass a law and send it to the governor for approval. Under current law, the governor can veto any legislative pay hike. "This would have been quite unseemly if this had passed," Rep. Ellen Story (D-Amherst) said.

House members had spent the afternoon session listening to a farewell speech by Rep. Joseph Sullivan (D-Braintree), who left to become executive director of the Lottery. After the speech, legislators said the speaker announced that only routine, uncontroversial matters would be considered, and many lawmakers left the chamber for a reception for Sullivan. "No one knew this was going to happen," Story said.

The public will no longer be able to pick up printed copies of the governor's budget plan, Gov. Mitt Romney announced Tuesday. To save $50,000 in printing costs, the budget this year will only be posted on the Internet. "This is the new face of government," Romney said in a prepared statement. "We believe the Internet holds tremendous opportunity for making government smarter and more efficient." Critics say the governor is limiting access to the most important proposal debated by the Legislature each year.

Rep. Elizabeth Malia (D-Boston) said the move follows a pattern of tighter control over public communications adopted by the Romney administration, and could make it more difficult for residents without computers to review the budget. "It's censorship, I think," she said. "A lot of us still use paper." Romney is due to release his fiscal 2004 budget proposal on Feb. 26.

The House deferred action on Gov. Mitt Romney's budget proposals during its session Monday. A Democratic caucus is slated for 11 a.m. Wednesday and it's possible parts of the plan will see action in a formal House session to follow the caucus. The next two days likely will feature a great deal of closed-door debate on elements of the controversial package. House Speaker Finneran on Friday said the Legislature is in a period of "raw discovery." On Monday morning, Finneran said the "huge package" of Romney proposals - the governor's bill runs 22 pages and includes 51 sections - will require a review that would consume a "considerable period of time."

Finneran also articulated the dueling opinions concerning the budget that are coming from the House. Lawmakers concerned about balancing a budget that is on track to be as much as $650 million out of balance in June note "time is tight" and say Romney needs to more vigorously exercise his power to unilaterally cut spending, Finneran said. At the same time, he said, there's a "strong body of opinion" opposed to the cuts Romney made. The House referred both of Romney's budget-balancing bills to House Ways and Means on Monday.

Speaker Thomas Finneran appointed Massachusetts' 160 House members to committees Monday, rewarding some lawmakers with increased influence and higher pay, and assigning others to minor roles for the next two years on Beacon Hill. In addition to their significance for policymaking, the committee assignments are fraught with political intrigue. Critics again accused the powerful House speaker of rewarding allies with plum posts and relegating opponents and those with opposing political viewpoints to obscure panels. Committee chairmanships, in addition to setting policy agendas, earn between $7,500 and $25,000 in extra per year. The base salary for a state representative is $53,380.

The most significant moves send Rep. Marie St Fleur (D-Boston), a Haitian immigrant and staunch MCAS supporter, to chair the Education Committee, replacing Rep. Peter Larkin (D-Pittsfield), who will be the assistant vice chairman of the budget-writing House Ways and Means Committee. Rep. Peter Koutoujian (D-Newton) was named chairman of the Health Care Committee, which handles issues ranging from medical marijuana to insurance coverage. He replaces Rep. Harriett Stanley (D-W. Newbury), a former Wall Street executive once considered a rising star in the Legislature. She lost her leadership post and is now a rank-and-file member of the Long Term Debt Committee.

"Busted," Stanley said in an interview. "The speaker explained to me in very candid terms that I needed to be with leadership [on votes] more often than I was." Stanley voted against the Speaker on the $1.1 billion tax hike last year, funding for the Clean Elections Law and insurance coverage for contraceptives.

"I believed the criteria for being on the Speaker's leadership team were talent and work ethic," she said. "I'm disappointed to find it's not so."

Finneran was unavailable for comment. But Rep. Gale Candaras (D-Wilbraham), a leadership member and Finneran champion who was named a floor division chair, said the Speaker's critics exaggerate the importance of political loyalty in committee assignments. "We're in a political environment," she said. "Politics plays a role. But for anyone to say that talent, maturity, and judgment are not factors, I'd disagree."

Massachusetts' Secretary of State is creating a bipartisan commission to overhaul the state's voting procedures before the 2004 presidential election. The state commission is part of a nationwide effort to end election disputes in the wake of the 2000 presidential election standoff in Florida, William Galvin said.

The commission will seek a share of $3.9 billion in federal grants Congress expects to make available over the next three years. States will use the funds to replace punch card and lever voting machines, train poll workers and establish computerized statewide lists of registered voters. Massachusetts abolished punch card voting in 1997 but 20 communities, including Boston, still use lever-operated equipment. The aging machines are running out of parts and have been blamed for voting errors.

"Our greatest concerns are those communities that continue to use the lever machines," Galvin said. "Studies show they have higher rates of blanks." The overriding concern is "to minimize errors, to make voting as certain as possible, and to make sure that voters' rights are protected," Galvin said.

Rep. John Rogers, the Norwood Democrat who has led the House Ways and Means Committee in recent years, has been operating out of his old office and even helped marshal Gov. Mitt Romney's first budget-balancing bill through the House. But Rogers, who is likely to retain his perch atop the budget-writing committee, collected pay at the same rate as any freshman legislator in January. Once Finneran, who has been preoccupied with the state's budget problems, announces his choices for extra-pay spots, Rogers and another 40 House members will be eligible for special stipends that accompany them. Those stipends range from $7,500 to $20,000 above base pay.