PM in the News: Does the legislative clock and calendar matter on Beacon Hill?

Chris Van Buskirk, “Does the legislative clock and calendar matter on Beacon Hill?,” Boston Herald, September 22, 2024.

“With five high-profile bills still locked up in secretive talks heading this session, Progressive Massachusetts Policy Director Jonathan Cohn said the fall dealmaking proves “all of their self-imposed deadlines are fake.”

The proposals cover a wide range of issues including prescription drugs, hospital oversight, clean energy, and economic development. But Cohn argued breakthroughs on major bills could have happened earlier.

“If you push off everything to the end of the session, and then you have all the conference committees at the same time and you have people who are in multiple of them, they simply won’t get things done,” he said. “The way in which they slowly finished things after (July 31) speaks to how it would have been a perfectly functional way to operate if they just started everything early.””

Op-Ed: “In narrow Decker win, a pointed message to her and Legislature”

Jonathan Cohn, “In narrow Decker win, a pointed message to her and Legislature,” CommonWealth Beacon, September 22, 2024.

When it comes to elections, history is told by the winners. Months of intense campaigning, voter engagement, policy and strategy debate, and more fall out of the picture, and we just look at the ending check mark of victory, no matter how close or how commanding a margin. 

But that view can often conceal as much as it reveals, and the recent Democratic primary for state representative in the 25th Middlesex District in Cambridge, pitting longtime incumbent Marjorie Decker against challenger Evan MacKay, is a perfect example. 

One can look at the final, certified result and say that — yet again — incumbency rules in Massachusetts. One can even spin it as a resounding affirmation of the incumbent candidate’s theory of change – work your way into leadership, close ranks, enforce State House building norms and power structures, and then use that to cultivate the good will to pass some bills while closing the opportunities for others. 

But with Decker emerging from a recount as the victor by just 41 votes, one can also look at the race another way, since if a mere 21 voters changed their minds, we would be telling an entirely different story.  

Viewed in such a way, another narrative takes hold. Rep. Decker had the support of US Sen Ed Markey, Gov. Maura Healey, Lt. Governor Kim Driscoll, US House Minority Whip Katherine Clark, Congresswoman Ayanna Pressley, and a majority of the Cambridge City Council. She can lay claim to 12 years in the Legislature and 14 on the Cambridge City Council, with notable accomplishments. She spent almost four times as much money as her challenger, and had many more organizational endorsements. In spite of all that, her victory margin out of the roughly 7,000 votes cast amounted to just over 0.5 percent.  

MacKay, a former Harvard Graduate Student Union president and current teaching fellow, had a clear message: Too much of the State House’s business is being done behind closed doors, controlled by too few people, and we are suffering because of it. That toll includes the policies not passed to address the housing crisis, the climate crisis, widening inequality, and much more. Corporate interests will always be able to find their way into a closed door in a way that regular people never can.  

Voters expect more from their elected officials. They expect them to express the same views in public that they do in private. They expect them to be transparent, accessible, and responsive, rather than shielding information that would be publicly available in other states. And they expect that, here in Massachusetts, we should be using our second-largest-in-the-country Democratic supermajority of any legislature to deliver on the wide array of policies that could improve the everyday lives of the people of the Commonwealth.  

This legislative session saw fewer bills and fewer votes than any in recent history. I have sometimes described the avoidance of votes by the Massachusetts House and Senate on issues with even the slightest bit of contention as an incumbent protection racket, but that paints only a partial picture. The incumbent protection racket that exists in both chambers is only designed to help the most conservative members, those who do not want to show their constituents just how out of step they are. It does not help anyone else.  

Progressives like Rep. Decker will be good team players for House leadership by voting against — and speaking on the floor against — measures like making committee votes publicly available, even though they know that their districts would disagree. They will be good team players and vote for regressive tax packages that their districts would be unhappy with. And they will sell watered-down bills as monumental progress, knowing, again, that their districts would want more but that their conservative colleagues want even less.  

As an incumbent protection racket for conservative legislators, this functions smoothly.  

But how about for progressives? This same system actually does them a grave disservice.

I know from putting together a legislative scorecard each year and actively following the behind-the-scenes moves of the Legislature that the vast number of representatives who will vote lockstep with the Speaker actually have quite a bit of ideological diversity as individuals. But because the House doesn’t allow, or at least actively discourages, taking recorded votes, there is no way for progressives to show that they are actually fighting for what their constituents care about. This flattening benefits conservatives; it does not benefit progressives.  

Progressives are also the ones who shoulder the burden of legislative inertia. Rather than pass the type of ambitious housing and climate policies that would have helped bolster Decker in a hard-fought race, House leadership protected conservative members and special interests and hung her out to dry, just like they did to former representative Jeffrey Sanchez, a Jamaica Plain lawmaker who chaired the powerful House Ways and Means Committee, but was sent packing six years ago by voters in his district. 

Many legislators have been grumbling about the chaotic and unproductive end to the formal legislative session back in July, when so many bills were left on the table. The status quo of the Massachusetts State House has not been working for the people of the Commonwealth, but it isn’t working for rank-and-file legislators either.

If legislators want to see a different outcome — and perhaps enjoy a more relaxing summer two years from now when they face reelection — it’s time to start thinking and acting differently. 

Jonathan Cohn is policy director at Progressive Massachusetts. The group endorsed MacKay in this month’s Democratic primary.

Letter: “Legislature is dominated by one party. Sherborn woman wonders why it can’t pass bills”

Jennifer Debin, “Letter: Legislature is dominated by one party. Sherborn woman wonders why it can’t pass bills,” MetroWest Daily News, September 14, 2024.

To the Editor:

The lack of action by our elected representatives in the Massachusetts Legislature is frustrating and unacceptable.

We have a Democrat for governor, as well as Democratic majorities in the House and Senate, yet so very little happened this session and that seems to be the pattern. When compared to a state like Minnesota that also has a Democratic trifecta, our record of passing bills is abysmal.

It is ridiculous that most will be re-elected again and again in spite of very few accomplishments. At the very least, they need to be continually called out for their inaction on behalf of Massachusetts residents and hopefully then be faced with primary challengers.

When I was a School Committee member, I ran in a contested race. We had a well attended debate. This is healthy and good for democracy. My School Committee position was uncompensated; in fact, I often had to pay a baby sitter in order to attend meetings.

I took my position extremely seriously, and gave it my all to serve on behalf of our townspeople. I feel that too many legislators are forgetting why they are there. They are our voices and they have failed to pass highly popular and pressing bills that affect us all, such as the dire climate bill, not to mention the numerous potential policies that are quietly “sent to study.”

We need and deserve true leaders who will take action and not merely play act their roles. 

Jennifer Debin

Sherborn

2024 Ballot Initiative Forum: Recording

You can find a copy of the video here.

We’d love to know how you want to get involved this fall, so please also take a moment to fill out this survey.

Question 1: https://www.dianaforma.com/ballot

Question 2: https://www.yesonquestion2ma.com/

Question 3: https://www.voteyeson3mass.com/

Question 4: https://maformentalhealth.org

Question 5: https://www.fairwageplustipsma.com/

Question 6 (a non-binding advisory question in select state rep districts): https://masscare.org/

Letter: How our state Legislature has failed us

Norman Daoust, “How our state Legislature has failed us,” Cambridge Day, September 3, 2024.

How has our state Legislature failed us? Let us count the ways.

Failed to include the local option transfer fee, the tenant opportunity-to-buy policy and a rent control local option in the Affordable Homes Act.

Failed to pass an economic development package, clean-energy siting bill and halt on gas infrastructure expansion; a bill to allow supervised drug-consumption sites; and a ban on the sale of cellphone location data.

Failed to include voter access reform to delink a municipal census from voter registration in the state budget (even though it passed in the Senate).

Never made it out of committee: same-day voter registration; Make Polluters Pay legislation; and Medicare for All in Massachusetts.

Failed to pass bills out of conference committee so they could be voted on by the entire body: hospital oversight (given the Steward hospital fiasco, how could they fail to bring this to a vote?); a climate bill; drug pricing bill; a Raise-the-Age juvenile for possession of a firearm; and a Plastics Reduction Act.

Stuck in Ways and Means are a moratorium on construction of prisons and jails and expanding the public-records law called the Sunlight Act to cover the governor and state Legislature.

It’s guaranteed that other bills you care about also were never passed.

By effectively taking the final five months of the legislative session off, the likelihood of additional bills passing is minimized.

If you believe our state Legislature has failed you, contact the speaker of the house and president of the Senate as well as your state representative and senator and let them know the bills you want passed.

Norman Daoust, Raymond Street, Cambridge

Letter: Missed Opportunities: Why the Legislature Should Reconvene

Jason Brown, “Missed Opportunities: Why the Legislature Should Reconvene,” West Roxbury Bulletin, August 22, 2024.

To the Editor:

Like many Commonwealth voters, I was hopeful the new Democratic trifecta would lead to significant legislative progress this year. However, when comparing the General Court’s legislative session to the productive ones in Michigan and Minnesota, it’s hard not to feel disappointed.

The Legislature struggled to pass bills that had broad support in the last session. The SAPHE 2.0 bill, which would strengthen public health infrastructure, passed both chambers unanimously in 2022 before being vetoed by our former Republican governor. Similarly, a moratorium on new prison and jail construction had wide support, but met a similar veto. It would have made sense for the Legislature to prioritize these bills at the start of this session. Instead, the prison moratorium has yet to see a vote, and SAPHE 2.0 remains stuck in conference committee, with clear support only from the Senate.

The Legislature’s complacency and over-centralization of power require deep cultural change. But in the near term, the General Court should do something simple: reconvene and finish their work. The economic development bill and robust climate legislation, especially with environmental justice at their core, can’t wait. The environment won’t wait, and neither should the Legislature.

LETTER: State Legislature Should Go Back Into Session and Pass Multiple Bills

Charlo Maurer, “LETTER: State Legislature Should Go Back Into Session and Pass Multiple Bills,” Watertown News, August 19, 2024.

I was excited this year for our state to finally have a Democratic governing trifecta, with a Democrat leading in all three offices of Governor, Senate, and the House. However, this trifecta has been much less productive in passing legislature than I expected.

As has become the norm on Beacon Hill, the House and Senate ran out the clock on many important priorities, adjourning on the morning of August 1st with a long list of unfinished business. After the hottest summer on record, they didn’t manage to pass a climate bill. Several other bills, among them economic development bills and bills to address the Steward crisis, are stuck in potentially dead-end negotiations, and that’s not to mention all the common-sense bills that never even made it that far.

As of August 11, more than 90% of the bills signed into law this session were home rule petitions, bills about specific individuals, or budgets, which are required. We’ve seen a striking decline in basic deliberation and accountability in the Legislature, with both chambers taking fewer than half the recorded votes they did just a few sessions ago.

The economic development bill, which needs a recorded vote to pass, has important policy components, such as keeping high school seniors out of adult prisons and strengthening our public health infrastructure, and we shouldn’t have to wait until next year to start all over again.

Given Republican opposition, passing climate legislation will also require legislators to come back. Mother Nature doesn’t wait, and neither should the Legislature. Every month and every year, we break new heat records, and it is irresponsible for the Legislature to go a full session without passing meaningful climate legislation. We need a clear plan for transitioning away from fossil fuels and putting gas in the past, and we need a just transition that centers environmental justice and ensures that the communities who have borne the brunt of fossil fuel pollution don’t continue to suffer from pollution and lack of opportunity. Massachusetts has impressive climate goals, but goals won’t mean much if we don’t pass legislation to help us meet them.

Another important bill is the prison building moratorium which passed the House and Senate with wide support, but was vetoed by our previous Governor, a Republican. That roadblock no longer exists, and given the broad support, it should be easy to bring forward.

The formal legislative session ended at the end of July, and the Legislature will not be back in session until next January. We deserve more of a time commitment from our elected officials. Going back into session will mean the Legislature will do what it is supposed to: deliberate, legislative, and vote.

Sincerely,
Charlo Maurer
Watertown Resident

Legislative inertia at the State House

Published in The Dedham Times (August 15, 2024)

Author: John Kyriakis, Dedham

The Massachusetts Legislature ended its formal session on July 31. It was a remarkably unproductive session. Since 2005, there has been a near 50% drop in the number of laws passed in the second year of each session, culminating in a dismal 253 bills enacted in this session. A substantial percentage of these (192) were home rule petitions—legislation filed by cities and towns to address local, not statewide issues (Examples include changing the name “Board of Selectmen” to “Select Board.”) Massachusetts’ Legislature is now fourth from the bottom in productivity. Coincident with this plummeting productivity, since 2005, the number of recorded votes (as opposed to voice votes) has dropped by close to 80%. Inasmuch as conference committee proceedings and votes are kept secret, the Legislature continues to be depressingly non-transparent.

It wasn’t all bad. The Legislature did pass the Parentage Act, which expands parentage statutes to be inclusive to LGBTQ+ families and families formed through assisted reproduction. A gun safety bill was also finally passed. This new law tightens red flag and ghost gun provisions along with other important safety matters. Moreover, the Fair Share Amendment (passed in 2022 by the voters) continues to deliver, providing important support for child care, early childhood education, K-12 education and community college education.

It was heartening also to see passage of the Affordable Homes Act, a critically needed housing bond bill that includes provisions permitting accessory dwelling units, eviction record sealing provisions, and foreclosure mediation. However, the legislature caved to the real estate lobby and failed to include a voluntary real estate transfer fee. This fee would help local communities fund the construction of affordable housing. The Affordable Homes Act did approve $5.1 billion in bond authorizations. However, a bond bill is analogous to a to-do list or a restaurant menu. It merely allocates a lump sum and lists possible spending ideas, or priorities. It does not mandate timely spending on those priorities. Nor does it indicate where or when the money will be spent.

Most disappointing, however, was the lack of action on a climate bill. This year was the hottest on record, and will be the coldest year of the rest of our lives. Climate change is an existential threat. The still very real possibility of a second Trump administration raises the grim specter of a renewed push to abolish national climate legislation. Even if Vice President Harris wins in November, the Supreme Court’s nullification of the Chevron doctrine threatens the ability of federal agencies to competently monitor and regulate the industries that produce greenhouse gases. Moreover, as indicated in their 2024 platform, a Republican majority in either house of the US Congress would be expected to stall both existing and future federal climate-friendly legislation. Accordingly, bold, and immediate local action on climate change is critically needed. Given that environmental justice communities bear the brunt of the adverse effects of climate change, it is particularly distressing that the suffering of the state’s poorest communities will continue to be ignored.

The lack of productivity of the Massachusetts Legislature is particularly galling insofar as the Democratic Party has a legislative trifecta—veto-proof majorities in both houses, and a Democratic governor. The Legislature’s highly centralized power structure in which leadership rewards members with higher pay and committee chairmanships in exchange for loyalty, combined with the fact that many legislators run unopposed, has created a situation in which complacency and the status quo rule the day, and the Statehouse is beholden to well-funded interests rather than to the voters.

In the end, however, the voters and local advocates have the power to shake up this sclerotic system. Perhaps we should consider making state elections into real contests by nominating multiple candidates at both the primary and general election level. A ranked choice voting system would also be a welcome addition. There’s nothing like a rival chomping at your heels to motivate real action.

Letter: Beacon Hill’s legislative process is broken

Al Blake, “Letter: Beacon Hill’s Legislative Process Is Broken,” Berkshire Eagle, August 6, 2014.

To the editor: Thank you for your Aug. 3 editorial “This is (still) no way to legislate.”

This session was a missed opportunity to make the commonwealth a climate leader. The Legislature’s inaction is a grave disappointment to anyone who cares about saving our planet.

This session was a chance to make serious progress slowing the expansion of our dirty and expensive methane gas system, but instead legislative leadership got tied up in political spats and chose not to extend the session and finish the job.

This comes after a year and a half of advocacy that included hundreds of meetings and thousands of calls and signatures to legislators. Many of the most popular policy proposals received vast majorities of legislative co-sponsors, yet House Speaker Ron Mariano and Senate President Karen Spilka did not allow them to come for a vote.

Many policies “died in committee,” where politicians take secret votes that their constituents are not able to see. Many more died in the backroom process where amendments to bills were withdrawn before they had a chance to receive a vote.

The legislative process is broken, and undue influence from corporations routinely blocks popular and effective legislation in favor of utility and developer profits.

We can do better, and we must.

Al Blake, Becket

Missed Our Legislative Update? You Can Still Watch (And Take Action)

On Monday, we hosted an update to go over what happened this legislative session and what still could happen if we make our voices heard.

Watch the video here.

One point we underscored is that even though the Legislature adjourned on July 31 (well, technically, the morning of August 1), the full legislative session doesn’t end until next January. That means that they could come back into session at any point to finish important business, especially passing a robust and equitable climate bill that centers environmental justice and includes a transition away from gas.

But they are not likely to do that unless they hear from you, their constituents. So take a minute today to email your legislators.

Protect the Right to Shelter

Massachusetts prides itself on being a welcoming state, but Governor Healey’s cruel and unnecessary restrictions on emergency shelter run afoul of that.

Join the Massachusetts Coalition for the Homeless and the Mass Law Reform Institute tonight at 7 pm in front of the State House for a candlelight vigil in support of children and families experiencing homelessness.

For more information, head to https://mahomeless.org/protect-access-to-shelter/.