Brewer Reports to the People - November 2010
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November 2010
Brewer Reports to the People
Hello,
This month, our great Nation will take the time to remember the brave men and women who have valiantly served under the flag of the United States of America. From the citizen-soldiers of the War of Independence in 1776 to the highly-skilled men and women serving our country in the Global War on Terrorism today, we honor the sacrifices these men and women have made to defend the values that have made the United States the world’s foundation for democracy and the global cradle of liberty. From the beaches of Normandy, to the frozen tundra of Korea, to the jungles of Vietnam, to the deserts of the Middle East, and to every place where an American has served, we must remember the bravery and sacrifice that has been made to protect the principles of our Nation.
With the conclusion of World War I in 1919, President Woodrow Wilson declared, "To us in America, the reflections of Armistice Day will be filled with solemn pride in the heroism of those who died in the country's service, and with gratitude for the victory, both because of the thing from which it has freed us, and because of the opportunity it has given America to show her sympathy with peace and justice in the councils of the nations." In 1938, by an Act of Congress, Armistice Day was formally established as a day to be dedicated to the cause of world peace, but following the United States involvement in World War II and Korea, the Act was amended to strike the word “Armistice” and replace it with “Veterans.” Therefore on June 1, 1954, the eleventh day of the eleventh month became a day to honor American veterans of all wars. This year, like many in our recent past, holds a special meaning as we honor the Americans who have returned from current wars and who are presently deployed worldwide. As we go about our day, remember our sons and daughters, our neighbors, our friends, and our coworkers who are risking their lives for our great nation. We must also remember and support the families of these service men and women and the emotional sacrifices they have made for the flag of the United States of America.
This year our country ended combat operations in Iraq and turned its focus to the war in Afghanistan. Many service men and women are returning home and we must support them, like never before, as they transition back into civilian life. As the former Senate Chair of the Joint Committee on Veterans and Federal Affairs, I have had the privilege of working with some of the Commonwealth’s brave service men and women to institute programs and establish commissions to protect and support our veterans. I was recently appointed by Senate President Therese Murray to serve on a special commission with Medal of Honor recipient and Secretary of the Department of Veteran Services, Thomas Kelley, to study the feasibility and costs of establishing a functional magnetic resonance imaging and neuropsychological cognitive testing program for all military forces of the Commonwealth prior to and upon return from deployment. Preparation and research will assure the mental and physical safety of all men and women in uniform while they serve our country and as they adjust to post service life.
Personally, this Veterans Day holds special meaning for me as one of my legislative aides, Kyle Toto, is currently training at Fort Dix to defend our freedoms with the United States Army Reserves and will deploy in January to Afghanistan. Kyle has been with my office for three years and many of you, whether you realize it or not, have been assisted by him in some way. It’s because of heroes like Kyle, the citizen-soldier serving globally, that we are able to live in a world of freedom and liberty. The heroes of our Commonwealth served in every war this nation has undertaken, from the Revolutionary War to those brave men and women who find themselves in harm’s way today. For over 200 years, there has been one constant: they have put our nation’s interest before their own and have asked for little in return. Today, please join me in honoring and remembering the sacrifices and the service of all veterans.
Sincerely,
Free Legal Advice for Massachusetts Veterans
On Wednesday November 17, 2010 from 5:30 – 7:30PM, Massachusetts Veterans can receive free legal advice by phone. The Massachusetts Bar Association, as part of its Veterans Dial-A-Lawyer program, a bi-annual event that is part of the MBA’s Serving Our Veterans in the Law initiative, and a supplement to its Dial-A-Lawyer programming, is now offering a toll free number. Volunteer attorneys will answer a range of legal concerns including benefits, divorce, child support, employment and landlord/tenant issues. The Veterans Dial-A-Lawyer program is provided as a public service of the MBA with the financial support of the Massachusetts Bar Foundation, the philanthropic partner of the MBA. The MBA has partnered with the Massachusetts Department of Veterans’ Services on the program.
Veterans can utilize this service by calling toll free at (877) 686-0711.
Budget Update
Four months into the new fiscal year, the Commonwealth’s revenues are exceeding original projections. To date, we have collected $413 million above our goal. This positive revenue news, along with the additional Federal Medical Assistance Percentage (FMAP) funds that were approved by Congress in August, allowed the Legislature to put nearly $200 million back into the stabilization, or “rainy day”, fund in Fiscal Year 2011 (FY11) in a supplemental spending bill for Fiscal Years 2010 and 2011. Each fall, the Legislature passes a final spending bill to close out all accounts for the previous fiscal year. In addition, due to increased caseloads from individuals and families seeking assistance and because Congress approved additional Federal Medical Assistance Percentage (FMAP) funds in August, the following items were included in the fall supplemental budget:
Replaced $195 million in spending from the state reserves with federal funding;
Appropriated $10.9 million for the Underground Storage Tank Fund, which reimburses qualifying business owners for the cost of cleaning up underground storage tank spills. This funding will eliminate any pending claims that were approved in Fiscal Year 2010 (FY10);
Provided an additional $250 million for MassHealth accounts in FY11, which are already projecting deficiencies due to increased demand;
Provided an additional $22 million for Emergency Assistance, which helps low-income families with dependent children, or pregnant women, who are homeless, in FY11;
Appropriated an additional $15.8 million for residential adult services for the developmentally disabled in FY11, which will prevent 200 individuals from losing this assistance;
Provided an additional $8 million for Day and Employment services for the developmentally disabled in FY11, which will prevent 700 individuals from losing this programming; and,
Appropriated an additional $3.97 million for Elder Home Care Services.
Governor Patrick signed the supplemental budget on October 15, 2010 and it is now known as Chapter 359 of the Acts of 2010. You may view the entire document online at http://www.malegislature.gov/Laws/SessionLaws/Acts/2010/Chapter359.
On November 2, 2010, voters were provided the opportunity to weigh in on two ballot questions pertaining to the sales tax. Question 1 proposed the reinstatement of the sales tax exemption on alcohol, while Question 3 proposed reducing the current sales tax from 6.25% to 3%. Voters approved Question 1 and rejected Question 3. Beginning on January 1, 2010, tax will no longer be collected on alcohol sales. Revenue collections, which had been dedicated toward funding public health programs, are expected to decrease by approximately $46 million during the second half of FY11. This funding will need to be supplemented from other sources or, depending on our revenue collection through the rest of the fiscal year, program cuts will need to be implemented.
As we look toward the development of the Fiscal Year 2012 (FY12) Budget, December will feature a Consensus Revenue Hearing hosted by the House and Senate Committees on Ways and Means and by the Executive Office of Administration and Finance (ANF). During the hearing, members of the Committee and the Administration will hear testimony from economists on the state’s fiscal health and expectations for the future. Based on these statements, the Legislature and the Administration will agree to a consensus revenue number for FY12, which will be used when building the budget proposals. Once a date and time is set, I will post the information on my Facebook page and on the website.
The Legislative Process
As we approach the beginning on a new legislative session, I thought it would be appropriate to share a general background on how the legislative process works. The Massachusetts General Court holds biennial sessions, meaning that each session last for two years. Currently, we are in the 186th General Court, which will end in December rendering any pending legislation moot. In January, members of the 187th General Court will be sworn in by the Governor and new legislation will be filed.
The General Court meets in both formal and informal sessions throughout the two year period. During formal sessions, we debate controversial legislation, such as the annual budget, in which members may have conflicting opinions. During informal sessions, we take up non-controversial matters, such as the creation of sick leave banks and home rule petitions.
As a legislator, I pride myself on representing the interests of my constituents and listening to all of the ideas that are presented to me. Most of the bills that I file are ideas that are brought to me by constituents who have found a problem with existing law. Concerned citizens present me with the idea and then I draft a bill to file on their behalf.
Once the bill is filed, it is referred to one of the joint legislative committees for consideration. Each joint committee has both a Senate and House chair and is made up of members from both branches. The committee will schedule public hearings throughout the two year period and different bills will be heard at each hearing. During the hearing, members of the public have the opportunity to testify in support of or in opposition to a bill. The committee then meets in an executive session and votes on the bill. They can choose to release it favorably, called “ought to pass,” or unfavorably, called “ought not to pass.” The committee can also declare that the bill needs further review by placing it into a study order. Typically, bills placed into a study order do not continue to advance through the process.
If a bill receives a favorable report, it will appear in the Journal, which is the written record of proceedings, of the branch that filed the bill. This is considered the first reading of the bill. Each bill must be read three times within the branch that filed it before it can move in to the next branch. If a bill involves the finances of the Commonwealth, it will be referred to the Ways and Means Committee of that branch, which must sign off on all bills affecting the Commonwealth’s finances, before it can be read for the first time. I currently serve as the Vice Chair of the Senate Committee on Ways and Means.
After a bill’s first reading, it will be read a second time on the floor of the chamber. At this time, amendments can be filed by all members of the branch, motions can be made, and debate will occur. Upon conclusion of debate and a favorable vote within the branch, the bill is ordered to a third reading and referred to the Committee on Bills in Third Reading which assures that the bill is technically correct and meets constitutional requirements. Once released from this committee, it goes back to the floor of the chamber in which it was filed so that the branch may vote to engross the bill. Once a bill is engrossed, it is sent to the other chamber which will undergo the same process of reading the bill three times and voting to engross it. If the second branch amends the bill, it will have to return to the first branch for re-engrossment of the new version of the bill. If the first branch chooses not to re-engross and insists on its version, a conference committee will be appointed consisting of three members of each branch to work out the differences. A compromised version of the bill will be released from the conference committee and each branch will vote to accept or not accept the conference report. Amendments cannot be offered at that time.
After successful engrossment in each branch, the bill is sent to the Engrossing Division and printed on special parchment paper to be sent to the House of Representatives for enactment. All bills must be enacted by the House first. Once the House enacts the bill, it is sent to the Senate for final enactment before it is sent to the Governor for his signature.
The Governor can then sign or veto the bill. If vetoed, the Legislature can overturn the veto with a 2/3 vote in each branch. If signed, it will be given a chapter number in the Massachusetts General Laws and will typically take effect 90 days from the date of the signature unless declared to be an emergency law, in which case it will take effect immediately.
As you can see, it is a long and complicated process. Thousands of bills are filed each session and only a handful reach the Governor’s desk. As we embark on the new legislative session, I look forward to hearing your ideas and working with you to pass legislation that will benefit the Worcester, Hampden, Hampshire and Franklin District.
Around the District
On October 26, 2010 I had the pleasure to read to students at Sanders Street Elementary School in Athol as part of Community Reading Day. Books included "The Very Greedy Bee" and "The Bee Tree".
This photo, taken at the 2010 New Braintree Fair, pictures actors who will be performing in the North Brookfield Theater Guild's performance of the Wizard of Oz this month.
On October 22nd I was joined by students from the Stanley M. Koziol Elementary School in Ware and the Massachusetts Cultural Council at Old Sturbridge Village to announce $600,000 in funding for Worcester County nonprofit cultural institutions.
Pictured here with Boy Scout Troop #165 out of Charlton, during an October meeting I spoke to the scouts on our rights and privileges as citizens as part of their Citizenship Badge requirement.
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Ribbon Cutting Ceremony at the Massachusetts Central Rail Road located in Barre.
Visit our photos section for more pictures from in the district, in the State House and more.
Posted: Mon, Nov 15, 2010
Updated Mon, Nov 15, 2010