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CLT UPDATE
Tuesday, March 26, 2019

A Tale of Two Commonwealths


As will occur when nothing occurs, the referendum route was invoked. Student activists turned out in force Thursday to say if they can't get satisfaction on their desire for tuition-free attendance at state colleges and universities, they will head for the ballot in 2020.

To be fair, this is a complicated state facing difficult issues. Some legislative committees have new chairpersons learning their roles and issues. Haste can be the enemy of good deliberative balancing of interests. Most items have funding implications dependent on a budget process that needs many weeks to play out inclusively.

Still - months have gone by and nothing has happened. Florida, a much larger state with a much larger economy and a $90 billion state budget, is cantering through its legislative agenda, in a session that began March 5 and will end May 4. To name one example of the many states that annually take up and resolve their agendas with far more dispatch than Massachusetts. No one in charge seems able to articulate why it needs to take so long to accomplish work that larger states get done so much sooner, or concerned about the slow pace.

The top item of the week, was, fittingly, a top-urgency item of 2017 with no specific timetable for resolution this year. Hundreds of educators, local leaders, teachers and equity activists filled Gardner Auditorium beyond capacity to tout one or another billion-dollar solution to the education achievement gap....

State House News Service
Friday, March 22, 2019
Weekly Roundup - Your government inaction


Gov. Charlie Baker's road safety bill and other legislation targeting distracted driving are up for a public hearing Thursday morning. Baker wants to end the use of handheld phones while driving, an idea that's enjoyed a lot of support but has stalled out in the House in recent years. His bill also would allow police to stop motorists for not wearing a seat belt.

Legislators next week also wind closer to wrapping up annual budget hearings with a health and human services session planned in Arlington on Tuesday and a hearing at Roxbury Community College on Friday that will explore labor, housing and economic development issues. The April 2 completion of public hearings on Baker's $42.7 billion spending plan will be followed next month by the release of the House Ways and Means Committee's rewrite of Baker's budget....

State House News Service
Friday, March 22, 2019
Advances - Week of March 24, 2019


Chip Ford's CLT Commentary

"Still - months have gone by and nothing has happened. Florida, a much larger state with a much larger economy and a $90 billion state budget, is cantering through its legislative agenda, in a session that began March 5 and will end May 4. To name one example of the many states that annually take up and resolve their agendas with far more dispatch than Massachusetts. No one in charge seems able to articulate why it needs to take so long to accomplish work that larger states get done so much sooner, or concerned about the slow pace."

Over the past few weeks and months a number of CLT members have suggested or requested that I recount some of what I've found in my new "sanctuary state" of Kentucky.  When I've mentioned to them some of the sharp differences with Massachusetts politics and government, they've insisted the comparisons need to be passed on to other CLT members, to contrast the tale of two commonwealths.  Massachusetts and Kentucky are two of the four states in the nation that call themselves commonwealths (along with Pennsylvania and Virginia).  That's the most they have in common.  Similarities pretty much end there.

In light of the State House News Service's report, "Your government inaction," today is a good time to fulfill those members' requests and suggestions.  The legislature in Kentucky, called the General Assembly, holds its final day of this year's session on Thursday.  Then it shuts down and legislators go home to their real lives and occupations for the remainder of the year.

Here's a term you likely may never have heard in Massachusetts:  Adjournment sine die.  It means adjourning with no future date being designated to resume.

You've probably never heard it because it never happens in The Great and General Court of Massachusetts, the state's House and Senate.  The Massachusetts Legislature recesses from time to time (primarily for its extended summer-fall-winter vacation), holding occasional, symbolic "informal sessions" comprised of a few members if that.  It never officially adjourns until the next session begins in January.  Legislative sessions in Massachusetts are perpetual.  Adjournment sine die occurs when a legislature's session comes to an end, and it's not anticipated that it will meet again in its current session year.  If the Massachusetts Legislature ever adjourned, legislative salaries, expenses, and perks would end as well.

While the Massachusetts Legislature is still gearing up for the year ahead, the Kentucky General Assembly and many if not most other state legislatures are closing up shop, shutting down for the year or getting close to their respective adjournments sine die.

The Kentucky legislature (General Assembly) convenes in regular session on the first Tuesday after the first Monday in January, for 60 days in even-numbered years and for 30 days in odd-numbered years like this one.  It convenes in special session at the call of the governor if necessary.  The Kentucky Constitution mandates that a regular session be completed no later than April 15 in even-numbered years and March 30 in odd-numbered years like this one, called its "short session."

The Kentucky General Assembly convened on January 8 and began hearings and legislating.  (The state's two-year budget won't be considered until next year, during a "long session" of 60 days)  Done with business all bills passed that were going to be passed it then recessed on March 14.  Those bills have been signed into law by Republican Governor Matt Bevin or are on his desk awaiting his signature.    The General Assembly has reserved its final day, Thursday, to consider any overrides of the governor's potential vetoes.

Kentucky legislators are paid for each day they are actually in session:  a base salary of $188.22/day, and a per diem (for travel and lodging) of $154/day.  Only while they are in session – on "active duty."

The elephant in the room issue in Kentucky as just about everywhere else is unfunded government employee pension liabilities and what to do about it.  This year the General Assembly again kicked the can down the road.  The Louisville Courier Journal reported:

Gov. Matt Bevin ripped lawmakers for failing to address the pension crisis at the special session he called last December, and then taking a high-profile step of creating a working group that despite many meetings produced no bill for this session.

He said the General Assembly still has time to pass reform legislation when it returns for the final day of the session on March 28.

But if the session adjourns without passage of pension reform, he said he will not call another special session later this year for them to reconsider the issue.

"Not a chance. Not a chance," Bevin said in the interview with Chad Young of WKCT radio in Bowling Green. "... Like Charlie Brown and the football with Lucy? I mean, seriously."

Bevin said, "There's no chance that I'm going to pay them extra money, or the taxpayers are going to pay them extra money, to come in and do a job that they still have time to do."

When the General Assembly adjourns sine die on Thursday the legislators' salaries and per diems cease.  If Gov. Bevin were to call them back, the salaries and per diems would start anew.


Here are a few of the bills that passed in this "short session" and were signed into law, or are awaiting Gov. Bevin's signature, that would never pass in Massachusetts:

February 28 - Public schools in Kentucky will have to display “In God We Trust” in a prominent location next school year under a bill that has cleared the state House of Representatives.  The Republican-dominated chamber approved House Bill 46 by a vote of 72-25.

March 11 - Both the Kentucky House and Senate overwhelming passed a law repealing Kentucky's only state firearms law or regulation.  Senate Bill 150 eliminated the permit requirement for carrying a firearm concealed.  On March 11 Gov. Bevin signed it into law, making Kentucky the sixteenth such "constitutional carry" state.  Gov. Bevin, a concealed carry gun owner, said "It recognizes the Second Amendment of the Constitution of the United States. That's really it. It doesn't break new ground."

March 14 - House Bill 254 will require public universities to adopt policies that protect their students' and faculty's constitutional right to freedom of expression and ensure that people don't "substantially obstruct or otherwise substantially interfere with the freedom of others to express views they reject"

March 14 - Senate Bill 9, the "fetal heartbeat" law bans abortion once a fetal heartbeat is detected, won final passage in the General Assembly, capping off a legislative session where lawmakers in the Republican-controlled body pushed through a batch of anti-abortion measures.

MY CLT OFFICE-IN-EXILE AND NEW COMMAND CENTER

MORE OFFICE-IN-EXILE PHOTOS

It's a whole new experience here in my new "sanctuary state," like being in an entirely different country.  It's been an epiphany to realize and truly appreciate as only an outsider can – how things can be.  It's encouraging to recognize that government doesn't need to be as we've become so familiar with, become so grudgingly accustomed to and accepting of in Massachusetts.  The Bay State is the anomaly, the outlier.  Its full-time Legislature and costly dysfunction is not necessary.

All the more reason to keep fighting on to defeat such a corrupt, abusive, oppressive system that's been far too long entrenched.  We as well as The Powers That Be can never accept the Massachusetts status quo as permanent and immutable.  At least we shouldn't.

Chip Ford
Executive Director


 

State House News Service
Friday, March 22, 2019

Weekly Roundup - Your government inaction
By Craig Sandler


The State House was populated by two main groups this week: people asking for things to be done, and people not doing them.

The far-more-numerous first group is dependent on the second, and that's where things get frustrating.

From Voke-Tech Lobby Day, to rallies for the Safe Communities Act, free public college education, and the preservation of sexual-identity counseling, important and interesting public questions brought citizens by the hundreds to the State House to make themselves heard and call for action.

Advocates took to the State House corridors Thursday protesting student debt and pushing for tuition-free college at a Public Higher Education Network of Massachusetts lobby day.

Now, as to the second category: the House and Senate convened several times and passed a smattering of congratulatory resolutions and sick-leave bank bills. The Senate on Wednesday held a formal session, so called because it sets the stage for votes on significant items. No such votes were taken.

In the basement, a group of woebegone freshpersons still malingers, having wintered in the bowels of the building and still awaiting the day when their committee cubicles are ready and they can ascend to their permanent homes. Committee assignments, which define the bulk of the office space in the building, were made five weeks ago. The session began Jan 4.

As will occur when nothing occurs, the referendum route was invoked. Student activists turned out in force Thursday to say if they can't get satisfaction on their desire for tuition-free attendance at state colleges and universities, they will head for the ballot in 2020.

To be fair, this is a complicated state facing difficult issues. Some legislative committees have new chairpersons learning their roles and issues. Haste can be the enemy of good deliberative balancing of interests. Most items have funding implications dependent on a budget process that needs many weeks to play out inclusively.

Still - months have gone by and nothing has happened. Florida, a much larger state with a much larger economy and a $90 billion state budget, is cantering through its legislative agenda, in a session that began March 5 and will end May 4. To name one example of the many states that annually take up and resolve their agendas with far more dispatch than Massachusetts. No one in charge seems able to articulate why it needs to take so long to accomplish work that larger states get done so much sooner, or concerned about the slow pace.

The top item of the week, was, fittingly, a top-urgency item of 2017 with no specific timetable for resolution this year. Hundreds of educators, local leaders, teachers and equity activists filled Gardner Auditorium beyond capacity to tout one or another billion-dollar solution to the education achievement gap.

There's near-universal agreement the distribution formula for state dollars has to be updated, and the amount of those dollars should be increased. The main questions before the Education Committee: how, and how much?

The governor and Education Secretary James Peyser led off, making the case along with Education Commissioner Jeff Riley for their budget proposal to increase state aid to education $200 million this year, and $1.1 billion over seven years, with the money targeted at low-income districts. Major improvements are possible starting immediately, without raising taxes, they claimed.

They were followed immediately by Sen. Sonia Chang-Diaz (D-Boston) and a bevy of supportive legislator advocates, who declared the governor has set his education-improvement ambitions much too low, and that methods must be found to bring poor, urban schools out of a condition where their students have no hope of getting as good an education as their wealthier, whiter peers.

So in some sense, the hearing like the issue itself was a matter of PROMISE vs. reality - the PROMISE Act propounded by Chang-Diaz versus the reality that it would take billions to bring Orange and Fall River and Chelsea up to the level of Lexington and Cohasset, billions more than the governor or Legislature seem willing to propose in new revenue.

The House and Senate could not agree on which path to take last session, appalling the entire education sector, and Chang-Diaz was removed as education chair in favor of Sen. Jason Lewis (D-Winchester), whom Senate President Karen Spilka perhaps viewed as more likely to bring to closure a bill with a formula more amenable to all parties.

Note there the replacement of an urban lawmaker with a suburban one - a tension reflected in the testimony before the committee and the questions it asked. James Kelcourse of Amesbury spoke of his pride in his school and its work, and asked a quartet of New England Patriots what the PROMISE Act would do for his suburban, more affluent district.

The football players were on an off-season mission to pursue what they see as social justice, and Devin McCourty fired back at Kelcourse: "You got to level the playing field." He extended the football analogy to say players show up for practice with different skill levels, and it's the coach's job to find ways to help players from different starting points up to their maximum potential.

With the daylong hearing behind them, the committee and legislative leadership will now set about blending all the factors and addressing funding-formula corrections first formally identified as necessary in 2015. The question, with ed-funding as so many other items, is when they'll finally cross the goal line.


State House News Service
Friday, March 22, 2019

Advances - Week of March 24, 2019


Gov. Charlie Baker's road safety bill and other legislation targeting distracted driving are up for a public hearing Thursday morning. Baker wants to end the use of handheld phones while driving, an idea that's enjoyed a lot of support but has stalled out in the House in recent years. His bill also would allow police to stop motorists for not wearing a seat belt.

Legislators next week also wind closer to wrapping up annual budget hearings with a health and human services session planned in Arlington on Tuesday and a hearing at Roxbury Community College on Friday that will explore labor, housing and economic development issues. The April 2 completion of public hearings on Baker's $42.7 billion spending plan will be followed next month by the release of the House Ways and Means Committee's rewrite of Baker's budget.

Baker is hoping House leaders will ramp up consideration of an education funding and reform bill to move with the budget, and Friday's packed hearing before the Education Committee affirmed the strong interest in that topic. "It would be really unfortunate if there was a delay this year," Education Commissioner Jeff Riley told lawmakers as he finished his testimony, urging them to find common ground after talks on a bill died last summer.

Lawmakers this session have had trouble building momentum around priority bills. There's broad support in both branches for proposals banning state-licensed therapists from attempting to change a minor's sexual orientation or gender identity, but that bill, which has cleared the House, remains before Sen. Joan Lovely's Senate Rules Committee.

Both branches have approved midyear spending bills that include critical appropriations, but those bills have disappeared into the murky world of informal negotiations between branch leaders. Both branches are also on record favoring a reform to permit families receiving public assistance to receive additional assistance when they add to their families. The Senate included plans to lift the so-called cap on kids in its supplemental budget; the House passed it as standalone legislation. Two versions of the cap on kids bills remain pending before Sen. Michael Rodrigues' Ways and Means Committee.

On Friday, House Speaker Robert DeLeo announced the House next week plans to take up a spending bill that will include legislation to help offset the loss of federal funding to women’s reproductive health organizations due to the Trump administration’s changes to the Title X program. The speaker's office said the House plans to meet Wednesday in a formal session to consider the matter, with roll call votes slated to start at 1 p.m.

 

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