BHB: May 2003 Archives

Archives

Beacon Hill Beat By MassNews Staff

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

Tuesday May 27, 2003
The Budget Beat Goes On, and On, and.
The state Senate begins to debating budget amendments this week in preparation for handing the process off to joint House and Senate Conference Committee in June. The debate will undoubtedly be influenced by word from Washington that Massachusetts is suddenly in store for $550 million in federal aid to help cope with its fiscal crisis. The House plans to work on major anti-drunk driving legislation along with another more controversial bill that always stirs debate. It would allow law enforcers to stop and fine motorists if they are not wearing seat belts. Such primary enforcement expands the current right of police to fine unbelted motorists only after they are detained for another reason. The same $25 fine would apply. Eighteen states have primary enforcement laws, and Gov. Mitt Romney supports the proposal. The change cleared the Senate in 2001 but died then in the House on a tie vote of 76-76, with Taunton Democrat James Fagan successfully leading an emotional charge against the idea.

The other bill up for a House vote also aims at making highways safer. It provides that any operator with a blood alcohol level of .08 or higher will be automatically deemed to be driving drunk. Massachusetts is the only state in the nation without such a "per se" law. The failure to enact the statute by Oct. 1 will result in the loss of $5.4 million in federal money next year and increasing amounts in subsequent years. The Senate Ways and Means Committee has included the per se language in the budget that hits the floor for debate this week. Many House members recently appeared with Romney to advocate for a per se law.

Several hundred amendments await action when Senate budget deliberations begin Wednesday. Last year on the eve of debate over this year's budget, there were 613 amendments in the hands of Senate Clerk Patrick Scanlan. Action began on June 1l and it took 28 hours over three days to dispose of those amendments. This year's budget debate will be the first over which Senate President Robert Travaglini presides. It's also the first budget for his handpicked Senate Ways and Means chief Therese Murray (D-Plymouth) who'll marshal it through this week's debate and then lead the Senate budget negotiating team.

Senate leaders have said they prefer waiting until fall to address any measures that raise taxes or expand legalized gambling, although amendments on those topics may surface for consideration. And no action is expected until next week on attempts to give local officials more revenue-producing tools and other options to make up for diminished state resources. All of the tough budget choices were cushioned Friday, when state officials learned the federal tax cut bill will deliver $550 million in new aid to the state. Gov. Romney wants to use some of the money to continue the $100 million Prescription Advantage program, which he had proposed eliminating, and the rest to minimize the use of one-time revenue-raising ideas in next year's budget.
DA Cabral Flips Again
Republicans had to be shaking their heads incredulously as they picked up Wednesday morning's papers and stared down photos of Sen. Edward Kennedy greeting newly converted Democrat Andrea Cabral. The Suffolk County sheriff appointed last year by Republican Gov. Jane Swift said she felted abandoned by the Grand Old Party. Gov. Romney said Cabral didn't stick around long enough to get to know the Republicans.
Judge Lopez Opts Out
The long saga of Superior Court Judge Maria Lopez, which has filled newscasts and newspapers for two years, abruptly ended Tuesday. Lopez' attorney and husband called a press conference to announce her resignation. Lopez herself was in Cuba. Lopez berated prosecutors from the bench during the 2000 trial of a convicted molester, who she sentenced to probation. She has apologized for her outbursts, but maintained that others were out to get her both during the case and during her hearing before the Commission on Judicial Conduct. That panel had recommended that Lopez apologize and be suspended from the bench for six months.
New Report Looks at State of School Choice
Despite numerous programs intended to give parents more choices about where to send their kids to school, opportunities are unevenly and inequitably distributed throughout Massachusetts and there's a stark shortage of choices for many parents, according to a study released Wednesday and discussed by experts. The Boston Foundation-sponsored report by the Center for Education Policy & Research at MassINC looks closely at which communities are most and least involved in school choice.

A coalition of groups are calling on the House and Senate to back away from their attempts to reform welfare laws through the annual state budget process. Coalition members say the changes are too substantive and require a full, separate deliberative process. Gov. Mitt Romney and the House have approved changes requiring women on welfare with children between the ages of 2 and 6 to work 20 hours a week. The House allows recipients to meet 10 hours of that requirement with education and training efforts. The Senate does not extend the work requirement, but proposes applying education and training credits to those already subject to a work requirement. Some advocates were arguing that the tight timeframe for resolving the budget left insufficient time for the legislature to be trying to affect reforms in such complicated programs.
Retired State Employees Want Their COLA
State retirees may have to wait another year for a cost of living increase on their pensions. Most retirees agree there is little public money to provide an increase. Given the current fiscal situation, lawmakers agreed that there is little chance of any bill passing the Legislature. Several retirees at the hearing said they understood the state's fiscal plight, but asked that their concerns not be abandoned for too long. The Retired State, County and Municipal Employees Association, argued for a bill that would boost the base amount on which COLAs are calculated from $12,000, where it has stood since 1971, to $15,000, costing the state $74 million. A 3 percent adjustment on a $12,000 base provides retirees with $360 a year.

House lawmakers proposed to double the limit on political contributions to $1,000. Lawmakers argued increasing the contribution limit would help candidates fend off attacks from independently financed interest groups, and make it easier for first-time politicians to raise money and run competitive campaigns. Secretary of State William Galvin, another backer, argued the higher limits would help candidates afford the rising cost of advertising.

Advocates for stricter campaign finance rules denounced the bill, saying it would roll back one of the strictest contribution limits in the US, set in 1994, and make it easier for wealthy donors to influence political races. They argued further that incumbents are at an advantage when fundraising and don't need the extra leeway when collecting contributions. The legislation would also tighten some campaign finance rules.

The bill comes about as a national campaign finance case is headed US Supreme Court over the constitutionality of the McCain-Feingold law. McCain-Feingold seeks to ban "soft money," the largely unregulated contributions to political parties from unions and corporations.

Acting Gov. Jane Swift has joined Arcadia Partners, a venture capital firm focused on the for-profit education and training industry, as a special general partner. Swift served as governor from April 2001 until January 2003.She released a statement that said, in part, "As I begin the next chapter of my professional career, I am thrilled with the prospect of again having a meaningful impact on quality education and worker training. I look forward to assisting cutting-edge companies in meeting the education and training challenges posed by today's knowledge-based economy." Liam Donohue and Andrew W. Hallowell founded Boston-based Arcadia in 1998.

In an attempt to force the Legislature to take an up or down vote on his proposed reorganization plans, Governor Mitt Romney on Thursday announced two separate plans - one to eliminate the office of University of Massachusetts President William Bulger and another to address the remaining reforms designed to consolidate and streamline the state's bureaucracy.

Under Article 87 of the state Constitution, the plans will become law unless rejected within 60 days by the Legislature. Lawmakers have indicated that they will reject the Article 87 plans.

The proposal to eliminate Bulger's office has been widely criticized by the partisan Legislature. The Government reorganization plan contains too many items that the lawmakers dislike. Although Senators pronounced both plans all but dead on arrival, they indicated that they expect many of Romney's changes would be approved as part of the Senate budget bill instead of as stand-alone proposals.

Regarding the UMass plan, the Governor said, "The people of Massachusetts deserve the chance to see how the legislators are going to vote on the office of UMass President," Romney said. "I recognize it's a hot button issue. I'm not going to duck the issue."

Meanwhile, a confident Bulger was quoted by the State House News Service saying, "I'm not going anywhere. I have a job to do and I signed on to do it. I'll stay with it."

In a display characteristic of the resistance that Romney has encountered from the Legislature on reform issues, said Sen. Diane Wilkerson (D-Boston) said, "We are determined in the Senate. We can do this without him."

The main proposal seeks to streamline state agencies responsible for health and human services, the environment, higher education, transportation, economic affairs, and other areas. It would eliminate 18 offices, combine agencies, and create several new Cabinet-level positions.

Romney has backed off his plan to create a central office to oversee the state's attorneys. He said he still plans to cut the number of lawyers in government.

The joint session convened by the House and Senate yesterday lasted less than a minute. Senator Frederick Barry of Peabody presided over the session that began at 2:05 pm and adjourned at 2:06 pm on a motion to recess offered by Senator Stanley Rosenberg of Amherst.

The convention will reconvene in six months on Nov. 12 at 2 pm. The next joint session will occur just one week before the House and Senate complete their formal sessions for the year.

Sen. Cynthia Creem (D-Newton Democrat) is pushing for a bill to "heighten awareness in food services," she told the Health Care Committee Wednesday. The legislation would require all restaurant and food service employees to be trained about the dangers of food allergies, how to handle a customer with food allergies, make a significant notification of possible allergies and list all ingredients used.

Michael C. Young, assistant clinical professor of pediatrics for Harvard Medical School, said nearly 7 million Americans have food allergies. He added that 75 to 80 percent of all reactions to food happen outside the home.

Committee co-chairman Rep. Peter Koutoujian (D-Newton) noted during the hearing that many restaurants are already engaged in numerous tactics to prevent dangerous reactions in their restaurants. "It's my understanding we've made great progress in that area," he said.

Peter Christie, President and CEO of Massachusetts Restaurant Association (MRA), testified against the bill saying, "Their solution is to legislate, my solution is to educate."
Because of what is already available and the plan he has to expand the program, Christie said the legislation "goes a little too far."

Sen. Creem said the law, if passed, would be administered by the Department of Public Health and would impose a $500 fine for a first offense and a $1,000 fine and a license suspension for a repeated offense.

Legislature Being Inhospitable to Tourism Industry

The tourism industry is upset over the legislature's plans to slash state marketing and advertising budgets. Speaking at an event to mark Tourism Week in Massachusetts, industry representative complained about Beacon Hill's lack of support for the Commonwealth's third largest industry.

The industry has shed 15 percent of its jobs since the early 2001 and has had to cope with a severe drop in the number of international travelers.

The House budget slashes the Massachusetts Office of Travel and Tourism (MOTT) from $11 million to $5 million and makes 8 to 10 percent funding cuts to the state's 13 regional tourism councils. They axed the tourism fund as part of a plan to increase Medicaid rates by $90 million. House leaders say they are trying to leverage $59 million in new federal matching funds and save the senior prescription drug insurance plan.

The state's tourism industry is already facing fierce competition from state-funded campaigns in New Hampshire, New York, and Pennsylvania. These states are "taking our market away from us," said Art Canter, executive director of the Massachusetts Lodging Association. "We need someone to market Massachusetts." He added, "We're not getting any support from the Legislature."

Industry leaders are more amenable to Gov. Mitt Romney's budget that proposes level funding for the state travel and tourism office and the regional councils. The Senate Ways and Means Committee releases its tourism funding recommendations and its fiscal 2004 state budget bill on Wednesday, May 21, 2003.

Canter said hotels began laying off thousands of workers in March 2001. The Sept. 11, 2001 terror attacks accelerated the downturn in the hospitality industry. After a slight recovery in early 2002, the downturn resumed, coinciding with numerous national security alerts, the war in Iraq and most recently fears surrounding SARS.

"International tourism doesn't exist anymore," Canter said. "No one is coming here."
International visitors account for 7 percent, or 1.8 million of all tourists in Massachusetts, according to a MOTT report released Wednesday. The other 24.3 million visitors per year are domestic tourists.

"It would be foolish for us to cut our tourism spending," said Romney. "We need to advertise the Commonwealth around the country and particularly in this region. Bringing tourism dollars to the state actually increases our state revenues, our state taxes."

Wednesday May 14, 2003
Constitutional Convention Today
Meaningful Action Unlikely, But Bears Watching

The joint legislature will hold a constitutional convention today at 2 pm. On the calendar are legislative amendments ranging from a proposal to make it more difficult for the public to initiate ballot questions to a proposal to call for judges to be held accountable to the public. Also of note is the new marriage amendment that was drafted by the Massachusetts Family Institute (MFI) and sponsored by Rep. Phil Travis (Rehoboth).

Yesterday's Boston Herald reported that Rep. Travis was being pressured by homosexual activists to water down the amendment to permit recognition of civil unions in Massachusetts.

It is unlikely that any significant action will be taken today. Most observers feel that today's session is only being convened to meet the letter of the law. The Constitution requires that the legislature convenes to address these amendments on or before May 31st. Therefore, it is expected that the Con Con will be convened and then quickly adjourned until sometime in June. This is a repeat of the legislature's tactics from last year. The Legislators will offer the unfinished budget deliberations as the reason for the delay.

The situation does bear watching since there are political machinations afoot everywhere on Beacon Hill. All of the amendments on the calendar today are legislative petitions. Unlike last year when there were significant citizen sponsored amendments (most notably The Protection of Marriage Amendment) this years docket has been offered up by the politicians - some intended to further party political agendas.

In what was a close race, Democrat Joseph R. Driscoll, a Braintree selectman and assistant district attorney defeated Republican Matt Sisk in a special election yesterday. Voters cast just over 10,000 ballots in Braintree and in one Precinct each in Randolph and Holbrook. The margin of victory was 436 votes.

Voter turn-out was reported high, due in part to a Prop 2 ½ override question on the ballot. But the race was also colored by the "Pizza-gate" dust-up in April. Sisk had placed a sign in the window of PJ's Pizza in Braintree. Mr. Driscoll saw the sign and made a call to the shop and he never identified himself. He complained to the owner and threatened that his family and friends would stop patronizing the establishment before he rudely hung up. PJ's owner used the *69 feature on his phone and called Driscoll back. Driscoll eventually apologized.

Despite the loss, Sisk's close finish is viewed as a respectable showing given his relative youth - he is 24 years old - and the fact that his opponent has been a fixture in Braintree Democrat circles for years. But many have viewed this race as a test of Governor Mitt Romney's ability to help get Republicans elected to the state legislature. Both parties will be spinning the outcome to shed the best light on the situation.

Voters in the 5th Norfolk District will elect a successor to former Rep, Joseph Sullivan (D-Braintree). The seat serves Braintree and one Precinct each in Randolph and Holbrook. This is a special election to fill the seat that was vacated when Sullivan was appointed by State Treasurer Timothy Cahill to head the state lottery commission.

Matthew Sisk of Braintree, who was unopposed in last month's GOP primary, will face off against Joseph R. Driscoll, also of Braintree. Mr. Driscoll won a four-way Democratic primary race in March. Driscoll is an assistant district attorney who once worked for Rep. Sullivan when he (Sullivan) chaired the House Transportation Committee. Sisk most recently worked as Policy Director for Chuck McCarthy's recent run for U.S. Congress. He also managed the State Senate campaign of Christopher LoConto.

The two men made news last month when a dispute erupted over Sisk's placement of a campaign sign in the window of a local pizza shop. Driscoll phoned the shop owner and had some terse words with him before abruptly hanging up. The spat made news and the two candidates eventually had an exchange of views on one of Boston's morning talk shows.

Should Sisk win he will join only 23 Republicans in the 160-member House. Sisk is a 24-year-old Republican for whom Gov. Romney and Lt. Gov. Kerry Healey have been campaigning. Since the Governor has promised to help field Republican candidates to run against incumbent Democrats, this could be an early test to see just how much weight Romney's endorsement will carry. With many incumbent Democrats resisting his reform proposals the Governor has a chance to get an early read on the next election cycle.

Both the House and the Senate adopted orders calling for both chambers to convene in a joint session on Wednesday. The Constitutional Convention will convene May 14 at 2 pm in the House chamber.

1. The Marriage Amendment - Sponsored by Rep. Phil Travis and supported by the Massachusetts Family Institute, it is a less stringent version than was dodged by the Legislature last year.

2. The Election of Judges - This amendment was initiated by Holyoke Police Chief Anthony Scott to improve the accountability of judges in the Commonwealth.

3. Ballot Questions - An amendment to change the procedures for approving ballot questions was sponsored by Senator Stanley Rosenberg. This amendment has been criticized by many (especially by Citizens for Limited Taxation) as a move to make it more difficult for citizens to by-pass the Legislature with ballot questions as they have been want to do in recent years.

If the Legislators are true to form don't expect them to act on any of the citizen driven amendments. They will more likely act on those that favor solidifying their power, either by insulating themselves from the will of the people (as in the ballot questions) or by taking power away from the Governor. More on the Con Con tomorrow.

The General Court placed the following bills on the calendar:

Marriage amendment: H 3190 is a proposed constitutional amendment affirming marriage.
Vacancies: H 727 providing for the filling of vacancies in the office of governor and lieutenant governor.

Governor's Council: H 946 to abolish the Governor's Council.

Appropriation Bills: H 3287 limiting the content of appropriation bills.

Biennial Budget: H 3288 calling for biennial state budgets.

Governor's Council: S 1984 to abolish the Governor's Council.

Election of Judges: S 1065 the election of judges.

Term Extension for House Members: S 352 to increase the term of office for the General Court from two to four years.

Emergency Appointments: S 355 emergency appointments of elected officials.

Ballot Questions: S 362 promoting the representative character of ballot questions.

As the House comes to an end to the first stretch of budget work for this legislative session, it's time for the Senate to consider it's budget priorities prior to their expected budget debates, which will begin after Memorial Day. House and Senate schedules for this week were unclear as last week ended. Each branch plans an informal session for Monday. One final vote is all that's needed in each branch before Gov. Romney gets a bill handing over to House and Senate leaders the power to set the bonus pay of those serving on their leadership teams and heading the committees that process bills. Romney has been noncommittal about signing the bill that eliminates the need for any governor to approve such pay hikes. But past governors have traditionally left such internal matters to the Legislature.

The House has yet to act on a Senate-approved bill to supplement the military pay of state workers called up to serve during the Iraqi War. The next skirmish in another war - this one over what to name which stretch of Boston's newly depressed northbound highway - may take place Tuesday before the Transportation Committee, although the bill is not formally before the panel.

Housing Task Force Hits Homestretch

The task force convened by Gov. Romney to figure out how to build more affordable housing while addressing concerns of communities that feel overwhelmed by big new developments is nearing its deadline. The task force has two more scheduled meetings, including one this week, before its May 30 reporting date. Legislative leaders have agreed to postpone action until after the deadline on a host of bills affecting Chapter 40B. Under the law, if less than 10 percent of permanent housing stock in a community is considered affordable for low and moderate-income families, then local zoning rules can be overridden as long as 25 percent of units in a proposed development are affordable. Less than three dozen of the state's 351 cities and towns meet the 10 percent threshold. Supporters of the 1969 law say it's a powerful creator of affordable housing and a direct response to snob zoning efforts. Opponents say local residents are outraged by the size of housing developments developers are building under the law. South Shore lawmakers have appealed to Romney to direct state housing officials to stop considering 40B appeals while the task force talks continue, but the governor has not agreed to that request.

A leading critic of the law, Sen. Robert Hedlund (R-Weymouth), is predicting the task force will make recommendations that favor developers and that the Legislature's Housing Committee will develop a bill that is more sensitive to communities most affected by 40B. The Legislature in 2002 was divided over how to change the law. The committee is planning at least four hearings on the issue in communities grappling with 40B applications, Hedlund said. In the past 18 months, state housing officials have made 15 regulatory changes to the law, in response to community concerns. Today, Conservation Law Foundation attorney Bennet Heart is scheduled to deliver a presentation on smart growth and 40B. Task force members will also consider a slate of changes that could be made outside of Chapter 40B and changes to the 40B appeals process.

Local Options Taxes Come Before Legislative Committee

Bills allowing cities and towns to hike taxes within their borders are before the Taxation Committee Tuesday. House leaders in their just-passed budget proposal ignored the proposals, but Speaker Thomas Finneran has pledged a separate debate on the issue May 27. House aides say that date may change to June 2. Mayors have pushed hard for the so-called "local option" taxes, saying they could help communities struggling with budget shortfalls. Gov. Mitt Romney, who has taken a firm anti-tax stance for the state as a whole, has indicated a willingness to at least consider local option taxes, if they are approved by voters first. The only existing option for local communities to raise taxes is the Proposition 2 ½ property tax override. About 11 local option bills before the committee affect Boston. Several proposed by Mayor Thomas Menino would allow the city to hike taxes on entertainment, such as movie and theater tickets, meals, parking lots, and telecom sites.

A bill backed by Rep. Angelo Scaccia (D-Boston) would strip the land owned by the Massachusetts Turnpike Authority of its tax-exempt status, forcing the agency to pay property taxes to cities and towns.

Safe Driving Main Focus of Public Safety Committee

The Public Safety Committee on Tuesday hears bills pertaining to the RMV, driver licenses, driver education, and vehicle registration. Sen. Frederick Berry (D-Peabody) wants to set up "traffic violator schools" as an alternative sentence for people convicted of certain motor vehicle violations. Rep. James Vallee (D-Franklin) is offering a bill to exempt persons 65 or older from motor vehicle registration or license fees. Several bills would set up a commission to study ways to improve mandatory drivers' education programs.

Friday May 9, 2003
House Budget Includes Restored Funds For Prescription Program

Slated for elimination in Gov. Mitt Romney's budget, House lawmakers on Thursday approved a budget amendment restoring funds for Prescription Advantage, the state's first-in-the-nation drug insurance program for seniors of all incomes. The amendment pledges $59 million in federal funds for the program by tinkering with Medicaid rates paid to hospitals and siphoning $90 million from a fund used to offset the deficit in the free care pool, lawmakers said. No additional state money will be added.

Critics warned that draining money for the free care pool would squeeze hospitals, which are already struggling. About 80,000 seniors now rely on the plan. Angry at its possible elimination, hundreds have protested at the State House in its defense.

Senate leaders have indicated they would like to continue their historic support for the program. "There's a history," Senate President Robert Travaglini said Thursday, "and history sometimes can be a good teacher."

Another Early Retirement Plan Surfaces For State Employees

House leaders say the state could save between $68 million and $136 million, depending on participation rates, under yet another early retirement program they hope to offer to state employees. Under a budget amendment adopted Thursday, eligible state employees would be enticed to leave office early with pensions they would not be eligible for without the program. According to the amendment, the state would be allowed to refill 20 percent of the jobs vacated under the program.

University of Massachusetts President William Bulger's job is safe for now. In a blow to Gov. Mitt Romney's agenda, House leaders on Thursday used procedural maneuvers to block Republican lawmakers from introducing an amendment that would have eliminated the president's office. Romney had lobbied hard for an up-or-down vote on the issue in recent days, and House Speaker Thomas Finneran had indicated a vote would be taken. But in a surprise move, House leaders used a procedural tactic - introducing a substitute amendment that wiped out other amendments - during the budget debate to block a vote on the issue. The substitute plan, which chops $1 million from Bulger's office and gives it as scholarship money, was approved by a vote of 109-46. Rep. Marie St. Fleur (D-Dorchester), who offered the substitute amendment said the vote was a victory for UMass students who will now have $1 million more in scholarship money available. "My focus is not the politics that have been played out in the media and the newspapers," she said. "My focus is getting what is best for the students." Republican leaders cried foul, calling the move "unfair" and "wrong."

Rep. Byron Rushing (D-Boston) called the move an "abuse of the order" adopted by the House. "This was the height of a terrible process of what's going on during this leadership debate," Rushing said. "The leadership thinks we're children and they're going to have these children behave. And the way you have these children behave is you decide what you're going to serve for dinner."

The Senate budget that hits the floor for debate after Memorial Day will not call for new taxes, borrowing or expanded gaming and will include spending cuts throughout state government, according to Senate leaders. With the House wrapping up debate on a $22.5 billion fiscal 2004 budget, Senate leaders indicated their proposal would include many of the same themes. But there may be some significant differences. Senators declined to rule out local option taxes to help cities and towns cope with local aid cuts.

Representatives from MADD are urging lawmakers to waste no time in passing bills cracking-down on underage drinking and driving while intoxicated. The push comes as MADD announces its results in a statewide alcohol purchase survey in which 88 percent of alcohol retailers demanded identification when a buyer appeared to be underage. The study tested 106 stores in 17 communities, 11 of which carded the buyer 100 percent of the time. "I'm pleased with the overall results of our survey but we still have some room for improvement," said Amy Fradette, youth coordinator for MADD Massachusetts. Statistics from a similar survey last year showed 81 percent of stores carded its customers. Rep. Colleen Garry (D-Dracut) is sponsoring a bill outlawing alcohol consumption for minors under the age of 21. Under the current law, it is illegal for minors to possess or purchase alcohol, but not specifically to consume it. Advocates are also pushing for the Legislature to pass a "per se" law, making it illegal to drive with a BAC of .08 or greater. Massachusetts, the only state to not comply with such a law, is in danger of losing $5.4 million in federal highway funding next year if the law is not passed.

House Speaker Thomas Finneran advised House members to get ready for a "full active day with minimal delay" today, which would be a marked departure from the sluggish day of budget talks that finished at 9:38 p.m. Wednesday. The House finished work on just two of 25 budget subject categories. On Thursday, Finneran said, a consolidated leadership amendment regarding environmental spending will be considered immediately at 10 am.

Simultaneously, leaders will work with members to make a single amendment out of all amendments filed pertaining to public health, housing, mental health and mental retardation. "Members should come tomorrow prepared to finish the work that lies before us," Finneran said. Senate leaders await the budget and host a press conference today after its formal session.

With cities and towns facing local aid cuts ranging from 10 to 20 percent, the House voted Wednesday night to study the way the state delivers more than $5 billion in aid to cities and towns every year. Republicans and liberal Democrats accused House Speaker Thomas Finneran and his leadership team of refusing to consider distribution changes that might mitigate the cuts and strictly interpreting House rules to stifle debate on the issue. House leaders say local aid formula changes require thoughtful deliberations. They expressed hope that changes could be debated in the fall. "It is not a bogus study," said House Ways and Means Committee Chairman Rep. John Rogers. The study panel would report in October. The vote to launch a study was 130-26.

A newly passed House plan to allow special education students to receive diplomas without passing the MCAS is a "direct insult" to affected students and their families and teachers, the state education commissioner said Wednesday. About 12 percent of the 60,862 students in the class of 2003 are considered "students with disabilities." Education Commissioner David Driscoll said 70 percent of special education students have already passed the English and math portions of the exam, up from 30 percent in 2001. "This is an accomplishment we would never have seen if those students had not been held to the same standard as their peers by courageous adults who understand that when you hold students to a reasonable standard, and provide them with the support they need, they rise to the occasion," said Driscoll.

The measure gives local school committees the option of awarding graduation diplomas to special education students who have met other graduation requirements but have not passed the MCAS. This year's high school graduates are the first who must pass the examination to get their diplomas. The budget amendment was brought to the floor late Tuesday night by freshman Rep. Alice Peisch (D-Wellesley) who was applauded for delivering her maiden speech and then won another round of applause a few moments later when her colleagues adopted the change by vote of 117-37.

Recorded among the 37 opposing the amendment were Speaker Thomas Finneran and the new House chairwoman of the Education Committee, Rep. Marie St. Fleur (D-Dorchester). The vote comes amid speculation that senators might go along with the relaxation of the controversial MCAS standard.

Sen. Brian Joyce (D-Milton), who sponsors legislation to suspend the MCAS requirement for special education students, said he was "delighted" by the House vote. "My sense is the Senate would be sympathetic and supportive," said Joyce. "That's certainly my hope and expectation."

The Senate on Thursday afternoon will consider an order requiring senators in the upcoming budget debate to propose corresponding budget cuts when they seek to increase spending by more than $100,000. House lawmakers are operating under the same restriction during their ongoing budget debate. The Senate order, reported out of the Committee on Ethics and Rules, also appears to ban efforts to cut appropriations for "non-discretionary items." The order says a revenue-raising amendment will not be considered in order if it "specifically directs the appropriation, expenditure, or deposit of the additional revenues." And the order explicitly gives the Senate Ways and Means Committee broader latitude to offer substitute revenue amendments during debate.

The House is targeting Internet-age criminals. To stop identity theft, House lawmakers on Wednesday approved budget amendments that would, in most cases, bar the Group Insurance Commission, the Registry of Motor Vehicles, and the University of Massachusetts from issuing identification cards that bear a user's Social Security number. Taken together, the measures would mean a change in tens of thousands of new drivers' licenses, student ID cards, and health insurance cards issued by the state each year. Although current law allows drivers to request a random ID number for their licenses, Social Security numbers are assigned by default. UMass - with more than 18,000 students - also uses Social Security numbers on its ID cards, as does the GIC, which provides health insurance cards to thousands of retired and current state employees. Lawmakers offered no estimates of the cost of issuing new licenses, although some concerns were voiced that new UMass ID cards could foul up the student registration process, which is already underway. The Senate and Gov. Mitt Romney must also approve the amendments before they become law.

Investigators could solve hundreds more crimes in Massachusetts, if lawmakers expanded the state's DNA database, prosecutors said Wednesday. Four years after it became operational, prosecutors said expanding the database of genetically coded samples to include all convicted felons is long overdue. Current law allows the collection of genetic material from persons convicted of 33 crimes, including murder, prostitution or kidnapping. Hampden County District Attorney William Bennett said expanding the database to cover even "minor" felonies such as drunk driving would provide investigators with information that could later incriminate or exonerate a suspect under investigation. "It's going to help us convict the guilty, protect the innocent, and bring more justice to the Commonwealth," he told members of the Legislature's Criminal Justice Committee.

Civil libertarians and defense attorneys have traditionally fought expansions of the datable, calling them infringements on constitutional liberties. They have said warehousing genetic information raises the Orwellian possibility that insurance companies or geneticists seeking gene codes could obtain the information. After the American Civil Liberties Union and allies challenged the Massachusetts database, the Supreme Judicial Court ruled in 1999 that the database was legal, clearing it for use as a crime-solving tool. In April that year, then-Gov. Paul Cellucci opened a new DNA unit at the State Police Crime Laboratory in Sudbury. Even so, the lab has battled backlogs and budget cuts. This year, despite the fiscal crunch, Gov. Mitt Romney proposed an additional $173,000 to hire four new chemists.

Sen. Mark Montigny (D-New Bedford) is considering recommending using state bonds as a borrowing mechanism for closing part of the state's estimated $3 billion budget gap. Hearing testimony Tuesday regarding the issue of borrowing, rejected by the House last week, the Senate Committee on Long-Term Debt and Capital Expenditures is preparing a recommendation of whether or not to pursue the avenue of borrowing and increasing the state's long-term deficit. "I am against any attempt to use borrowing to postpone pain," said Montigny, chairman of the committee. "But if it's part of a plan for structural reform then maybe it's something we should consider." Montigny said a borrowing plan should only be an option at the end of a long, painful road of restructuring, reorganization of some services as proposed by Gov. Mitt Romney, and some necessary cuts.

Saying it will set back many public works projects, Gov. Romney opposes the House plan to cap borrowing at $800 million a year. House leaders say the state must cut back on its high debt load. With 19 House members standing behind him, Romney predicted the House will pass a budget amendment establishing a per se drunk driving law. Supporters of the law say it will deter drunk driving, save lives and preserve federal highway funding. Romney also said his Article 87 reorganization proposal is "coming soon." And he said he stands by his proposal to name the new I-93 north tunnel the Liberty Tunnel despite reports that most legislators want to name it after the late Tip O'Neill.

House Republicans succeeded Tuesday in watering down a plan that would have prohibited tobacco companies from making cigarette discounts and promotions available only to retail stores that set aside prime in-store space for tobacco advertising. House Democrats said tobacco companies use the in-store ad deals to pressure small retailers, lure youth, and skirt a ban on outdoor tobacco advertising. Under the Republican plan, which was adopted by voice vote, the House agreed to set up a commission to study the agreements between tobacco companies and retailers. Rep. George Peterson (R-Grafton) said he was concerned about intervening in what appear to be legal contracts between private businesses.

The House adopted a budget amendment Tuesday that directs the Board of Higher Education to study how public colleges and universities could begin offering job training classes tailored to the needs of area businesses. Critics call such proposals attempts to take the public universities that educate those who can least afford private education and tie their opportunities to the needs of the area's businesses. Supporters say tailored job training courses could offer chances for students and business to benefit, and for colleges to raise much-needed revenue. The Republican plan passed on a voice vote.

By a 109-43 vote, after two hours of passionate debate, representatives okayed a leadership-backed amendment to have the Education Committee study charter school funding issues and report to the Ways and Means committee Sept. 30; Ways and Means would have to report to the full House Oct. 30. Critics predicted leadership will use the studies to be sure no further substantive reexamination of charter schools occurs this legislative session. The majority of House members were unmoved by arguments that in a serious budget crisis, a moratorium on new charter schools would be wise; Education Committee Chairwoman Marie St. Fleur said the studies will be meaningful and no new charters can be approved by the Education Department until February. A separate motion instituting a three year amendment was defeated, 60-93.

While many lawmakers are convinced that this is the toughest budget cycle they've ever been through, one wouldn't know that simply by watching the "action" on the floor of the House. Instead of lawmakers battling on the House floor over how to dole out $22.5 billion in an economic recession, representatives are spending most of their days huddled in a nearby lounge, hashing out their differences behind closed doors and out of public view. On the House floor, long breaks, not fiery debates, prevail. Every hour or so, lawmakers emerge from their side room, offer perfunctory explanations on the outcome of their negotiations, and the House quickly approves the changes. Most observers say the House's institutionalization of backroom deal-making has made handling hundreds of complex budget amendments a much easier task for legislators, and has reduced the rancor of past years' budget debates.

The backroom, where lawmakers roll dozens of competing budget amendments into one omnibus amendment, is the House's official process for handling amendments. House lawmakers agreed to the system when they voted on budget debate rules earlier this year, said Charles Rasmussen, spokesman for Speaker Thomas Finneran. It is the second year the room has been used.

The House early Monday night voted 106-51 to advance a Republican-sponsored amendment requiring more mothers on welfare to work. The change, which won the support of Democratic House leaders, would force mothers with children between the ages of 2 and 6 to work ten hours a week and obtain ten hours of education and training per week. Supporters say it will bring Massachusetts into compliance with tougher federal welfare rules. Massachusetts has been operating with less stringent work rules under a federal waiver that is nearing its expiration. Amendment opponents said the full 20 hour requirement should have been addressed through education and training opportunities, which they argued are crucial for those seeking to earn a decent living. A consolidated welfare amendment is in the works.

House lawmakers approved a measure Monday that will require state regulatory agencies to tabulate and disclose the cost of new rules and regulations before they are approved. The measure -adopted as an amendment to the House budget - will broadly affect how the state polices businesses of all stripes. Foes argued the rule would make it harder for the state to crack down on polluters, unscrupulous employers, and others under its watch. They also said the requirement that agencies complete a "regulatory impact statement" would add bureaucracy in the midst of a fiscal crisis. "This is not the right time for this," Rep. Douglas Petersen (D-Marblehead) said. "It's too bureaucratic, too cumbersome, too costly." Proponents said the rule would compel regulators to consider the cost to businesses and communities before approving new mandates. "We need take a strong, commonsense approach to rules and regulations," Rep. Michael Rodrigues (D-Westport) said. The amendment was adopted by a vote of 107-44.

The House is quickly dipping into the modest pool of revenue it created late last week. The first vote of this week's budget debate restored $1.7 million in funding for programs that serve the disabled. Activists from the disabled community had protested the cuts, saying they would harm critical services. The unanimous vote leaves less money available to operators of rape crisis centers and other services for battered women who have hoped to tap into $4 million in proposed fees adopted last week in the House. The amendment adopted just after noon on Monday restored $754,500 for the Massachusetts Rehabilitation Commission, $477,000 for the Massachusetts Commission for the Blind, and $474,000 for the Commission for the Deaf and Hard of Hearing.

There are more than 950 amendments remaining to add or subtract from the $22.5 billion budget plan crafted by the House Ways and Means Committee. With the exception of an occasional surprise or two, the fate of most amendments is known - failure. The House on Thursday completed debate on amendments that raise revenue for the budget. That category is closed. About $4 million was raised by imposing new fees and lawmakers hope to use that money to restore funding for rape crisis centers. As was the case last year, sponsors of amendments will be directed throughout the week to discuss them with committee chairman Rep. John Rogers (D-Norwood) in a room adjacent to the House Chamber. But unlike last year, when a vote to raise taxes gave spending amendments a chance, there are no easily accessible revenue pools to fund spending amendments this year. And under the letter of a special budget order in effect this year, amendments that add more than $100,000 in new spending to the House bill will be ruled out of order if they do not subtract a like amount from another area of the budget.

Under House rules, each daily session must end by 9 p.m. unless a majority of members agree to go beyond that hour. It will take unanimous consent to deliberate beyond midnight on any day. That means that, if a late evening or overnight session is at hand, just one unhappy or dissatisfied member can thwart the will of the majority and force the debate to a new day. It's not clear whether the House debate will spill into Mother's Day weekend.

Gov. Mitt Romney on Friday signed legislation authorizing the state to spend $2 million for homeless shelters, a move he said would allow the Department of Transitional Assistance to provide shelter to about 450 families. "Even in difficult financial times, homeless parents should not have to worry about whether their children are going to have a safe place to sleep," Romney said in a statement. "Our commitment to help them is stronger than ever." Romney filed the legislation earlier this year. Without the funding, the DTA would have been forced to deny shelter to all new applicants to the Emergency Assistance Program beginning Monday. He estimated that about 450 families would have been affected by the lack of funding.

There's a State Administration Committee hearing Monday with several local land bills on tap. They affect Milford, Quincy, Washington, Wrentham, Scituate, Boston, Danvers and Pittsfield. Also pending are bills to have the Inspector General investigate leasing practices of the Massachusetts Water Resources Authority and to designate blue, green and cranberry as the official colors of the Commonwealth. The latter bill was filed by a group of youngsters in Democratic Rep. Brian Knuuttila's Gardner district.

Massachusetts businesses that build or expand in the state would continue to receive tax breaks, under a measure passed Thursday by the Massachusetts House. The three percent tax credit for companies involved in manufacturing, research and development, agriculture, and fishing is set to die under state law on Dec. 31.

The budget amendment, championed by Speaker Thomas Finneran, and backed by state business groups, extends the 10-year-old investment credit another five years, until 2009. Supporters credit it with creating thousands of jobs. Critics say its benefits have been impossible to verify, and its cost - $19 million annually - would be better spent on schools and other programs. The final vote was 144-10.

Also Thursday, Democrats joined Republicans as the House overwhelmingly defeated a measure that would have extended the state's sales tax to alcoholic beverages such as beer and wine, which are now exempt from the 5 percent levy. Supporters said the tax could raise between $60-80 million to help fund substance abuse programs whose budgets have been depleted during the fiscal crisis. Opponents said the taxes would kill small businesses by driving consumers over the border to New Hampshire, where alcohol is more cheaply sold. The vote was 24-129.

Gov. Mitt Romney was clear in his intentions Thursday to veto any legislation aimed at "watering down" the voter-approved English Immersion Law. New state Board of Education regulations to begin in September require all non-English learners to be in English-speaking classrooms for at least one year, unless they receive a waiver.

Romney also said it would be a matter of days before he files his Article 87 provisions, originally scheduled to be released Thursday, and remains committed to eliminating the UMass President's office despite reports that he may have backed down from his original intent. "Let me make this clear - I do not blink..We are absolutely committed to eliminating the office of the President of (UMass)." Romney estimates the closing of that office would result in $14 million savings to be transferred and used for student financial aid.

Superior Court Judge on Thursday denied requests that he vacate an order for a new election in the 3rd Barnstable House District where incumbent Rep. Matthew Patrick (D-Falmouth) won a narrow victory last November. Republican Larry Wheatley lost the election by 12 votes but there were problems in polling places where the race was not on some ballots, and in one precinct the polls were shut down for a period because there were no ballots at all. Since January, Patrick has retained his seat while the ultimate battle has been waged before the courts. Secretary of State William Galvin will appeal the latest ruling and ask Attorney General Thomas Reilly to go directly to the Supreme Judicial Court since the question is one of constitutional jurisdiction. Galvin, who placed all of the 2002 election results before the House when the new session convened on Jan. 1, 2003, contends that the House is the final arbiter of who shall be seated following an election. And the overwhelmingly Democratic House itself has voted to seat Patrick who has been casting votes and being paid since Jan. 1. But the representative who is serving his second term has yet to take the oath for this two-year stint.

Galvin, who said he would have preferred that the judge not deny his motion to vacate the new election call, was pleased that Judge Richard Connon did, however, acknowledge in Thursday's ruling that the legislature had jurisdiction. The judge concedes that the legislature has a role to play but says that it didn't move quickly enough and act prior to Dec. 30. "What he fails to understand is that it's a new legislature," Galvin said. "He would have it that a lame duck legislature should act or lose jurisdiction," Galvin said. "The judge said the Legislature had jurisdiction. I say it has jurisdiction."

Senate Goes Along With House on Leadership Pay

The Senate on Thursday afternoon voted 29-9 to give itself the power to set premium pay levels for members who hold leadership positions, such as committee chairmanships. The House has already approved the bill, which was filed by House Speaker Thomas Finneran. Supporters say the governor gets to decide how to set salaries within his office's annual budget and so should the House and Senate. Critics said the current system, whereby the governor would need to sign off on such pay raises, has been working well for hundreds of years. They said the change further centralizes power in the House and Senate. Romney has not said whether he would sign the bill. The changes coincide with a bid to create new topical committees and eliminate a few old ones that have become obsolete.

A year after leading the charge to raise taxes by $1.2 billion, the House voted 119-37 Wednesday night to reject a budget amendment that would have raised the income tax rate from 5.3 to 5.95 percent. Earlier in the day, the House voted 126-31 to kill an attempt to borrow $300 million as a way of minimizing budget cuts. Supporters of the amendments said the money would minimize cuts in local services and programs that serve the poor and vulnerable. Opponents said voters don't want their taxes raised and argued borrowing would make the state's fiscal problems even worse. House budget chief John Rogers spent most of the day behind closed doors working with sponsors of tax amendments that will be considered when budget debate resumes at 10 a.m. this morning. About 60 revenue amendments are still pending. House leaders announced earlier in the day that 400 of the more than 1,000 budget amendments filed don't comply with a special order requiring spending cuts to accompany amendments raising spending by more than $100,000. Sponsors of those amendments will have a chance to redraft them under an order adopted early in Wednesday's session.

Gov. Mitt Romney on Wednesday postponed sending the Legislature his plan to overhaul state government, after House Speaker Thomas Finneran signaled the proposal would be rejected, and accused the Governor of a "tiresome campaign of political posturing." In a letter to Romney, Finneran (D-Mattapan) said that because the plan cannot be amended by lawmakers, "it forces the Legislature to reject good reforms along with the bad in order to remain accountable to the Commonwealth's citizens."

In a letter to Dianne Wilkerson, co-chair of the State Administration Committee, Romney said his reorganization plan would be delayed. It had been expected Thursday. His aides declined to say how long it would be before Romney sends the plan to the Legislature.

Romney has proposed reorganizations of the state agencies that oversee health and human services, the environment, higher education, transportation, economic affairs, and other areas. Under the state Constitution's Article 87, the plans must be sent to lawmakers as one bill and can only be voted up or down by the Legislature; they cannot be amended

Swamped with budget issues, the Judiciary Committee failed to issue a recommendation on any constitutional amendments heard Monday. Amendments making same-sex marriages illegal in the state, abolishing the Governor's Council and filling the office of Lieutenant Governor in its vacancy will be sent to a constitutional convention with an automatic unfavorable recommendation in May or June for a vote by the full House and Senate. "It is very difficult to engage the membership in any discussion this time of year on things other than budgetary issues," said Eugene O'Flaherty (D-Chelsea). The amendment to make same-sex marriages illegal would require approval by a constitutional convention in two consecutive sessions followed by a "yes" in a referendum.