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CLT UPDATE
Monday, July 15, 2019

The Bay State's "Battered Citizen Syndrome"


The third week of the 2020 fiscal year began Monday with no annual spending plan in place as six lawmakers tasked with reaching a deal have yet to find consensus.

For the sixth straight weekday, the House kept an informal session open Monday afternoon in case a conference committee negotiating the budget or one working on a distracted-driving bill has a report to submit.

Despite the fact that budget talks have now lasted 46 days — the longest negotiation without a resolution in at least a decade — House Assistant Minority Leader Paul Donato said the conference committee "made a great deal of progress" over the weekend.

State House News Service
Monday, July 15, 2019
Wait continues for budget after weekend talks


With the annual state budget now 15 days late and negotiators acknowledging still-unresolved issues, House Speaker Robert DeLeo indicated concern Monday that a compromise might not be within reach this month and said the governor should file legislation that would ensure government continues to operate into August.

The speaker's statement on Monday came just hours after he publicly hinted that legislative leaders may have to consider "other options" for resolving a fiscal year 2020 budget if talks continue to drag later into July, a month in which state spending is covered by an interim $5 billion appropriation with no exact date for when funding will run dry.

"Based on the current status of the negotiations, the Speaker feels it would be prudent for the Governor to file a 1/12th budget for August to ensure the Commonwealth's fiscal obligations are met," DeLeo spokeswoman Catherine Williams told the News Service in a statement.

A six-member conference committee continues to negotiate differences in the House and Senate's $42.7 billion spending plans more than two weeks into the fiscal year, the ninth straight year with a budget arriving late. However, with conferees still declining to offer a timeline when they might reach a deal, DeLeo said Monday that a change in approach may be necessary....

Both legislative leaders and those involved in the private negotiations declined to explain what exactly is causing the delay. Senate President Karen Spilka, who met with DeLeo and Gov. Charlie Baker before the group addressed reporters Monday, said only that conferees are addressing "complicated policy issues and other issues." ...

Massachusetts, which was the last state in the nation to enact an annual spending plan last year, is one of only two this year alongside Ohio that still has not sent a final budget to the governor....

As of Monday, 46 days had passed without a resolution since the budget was referred to conference — already the longest negotiation in at least a decade.

State House News Service
Monday, July 15, 2019
DeLeo calls for interim August budget amid prolonged negotiations


House Assistant Majority Leader Paul Donato told the News Service earlier on Monday that Democratic leadership is "hopeful we're going to get something done by the end of this week." Asked if that prediction was accurate, Smola laughed and said he had "no idea."

"It's a fluid thing," he said. "I think that we are reasonably close on most things, but there are some things that still need to be dealt with, and usually, it's not the easy things left on the table that need to be dealt with. It's the more complicated things. Those things are going to take more time."

Smola did not identify specific issues, but the two bills take divergent approaches to freezing UMass tuition and fees, drug-pricing reforms and taxes on opioid manufacturers and e-cigarette products.

"There's a lot to this budget, and if people had delved into the outside sections and some of the policy issues and big changes we're dealing with in the House and Senate versions, they'd understand the fact that it takes a little bit longer to get through," Smola said.

State House News Service
Monday, July 15, 2019
House GOP budget negotiator: "It's a fluid thing"


It's at times like these when the Legislature could maybe use a chaplain.

The impasse over a fiscal 2020 budget will extend into a third week as legislators, now in a contest with four others for the distinction of the last state in the country without an annual budget, have shown little concern over potentially losing that footrace.

Senate Ways and Means Chairman Michael Rodrigues, however, offered one of the most promising clues yet as to what might be gumming up the works. "The devil's in the details and a lot of the issues before us, there's a lot of details to work that out," Rodrigues said.

That's right. The devil could be hiding anywhere.

So maybe it's no coincidence that in the absence of Father Rick Walsh, the former House chaplain who decamped for New York City and the St. Paul the Apostle parish at Lincoln Center on July 1, legislators have been unable to secure a budget agreement.

In all seriousness, though, whether it's Lucifer, a compromise over pharmaceutical drug pricing controls or something else entirely, Beacon Hill has become trapped in a holding pattern as it waits for a resolution to the budget debate in order to get on with its other pre-August recess business...

STORY OF THE WEEK: As the pages of the calendar turned, legislators held vigil for a budget that wouldn't come.

State House News Service
Friday, July 12, 2019
Weekly Roundup - Hope you guess my name


Democratic legislative leaders just can't seem to get it right. While nearly every state with a July 1 fiscal year start has an annual budget in place, Massachusetts still does not. Democrats with supermajorities in both branches have dug in on certain issues, blowing past their deadline and subtly reminding voters here that when it comes to ideological divides, the one that matters most in Massachusetts is between Democrats and other Democrats.

Democrats here have repeatedly asserted that they'd rather get the budget right than finish it on time. There's an interim budget in place to keep government operating and there are no real penalties for being late. The credit rating agency Moody's has suggested late budgets are a sign of "governance weakness" but Beacon Hill has largely brushed that criticism aside.

If there's any sense of embarrassment that comes with missing the deadline, it's not evident at the capitol where Democrats are basically viewing the situation as business-as-usual and Republicans have largely refrained from criticism....

TAX TALK: As the House preps for a tax debate this year, Senate President Karen Spilka's working group on tax policy plans to meet at the State House on Tuesday to accept public comments. House Speaker Robert DeLeo met with three of his chairmen this week to discuss possible new sources of revenue to pay for transportation system improvements.

Business group leaders are also meeting with elected officials to discuss options. Though the debate is picking up internally, Beacon Hill is far from taking action to shake things up and begin to help deliver a transportation system that's not choked by traffic and plagued by public transit system problems....

SENATE REVENUE WORKING GROUP: The Senate's Revenue Working Group, convened earlier this year, hosts a public meeting to discuss possible updates to the state's tax system. Its 21 members include lawmakers and representatives from a range of interest groups. After the working group completes its agenda items members will take public comment. The meeting is open to the press and public. (Tuesday, 2 p.m., Room 428)...

State House News Service
Friday, July 12, 2019
Advances - Week of July 14, 2019


With lawmakers in the House and Senate gearing up to take a run at a broad transportation financing package in the next several months, a cadre of business groups is working on a parallel path to influence whatever legislation eventually emerges.

Members of the Massachusetts Business Coalition on Transportation, a statewide group of two dozen business organizations that banded together earlier this year, met Wednesday with House and Senate leaders to check in with each branch and get a sense of what to expect once legislators put pen to paper.

"It strikes me that the Senate and the House both feel the need for legislative action in some rough six-month window between October of '19 and March of '20. I think they both want to act somewhere in that window and they want the business community input," Greater Boston Chamber President James Rooney, who co-chairs the coalition, said Thursday. "Something's going to happen and the business community can continue to either operate in our own group silos and fractured nature, or we can come together to try to influence what ultimately comes out of the legislative bodies." ...

House Speaker Robert DeLeo has been beating the drum to get chambers of commerce and other business groups more involved in discussions around transportation infrastructure and financing and has said he is open to tax hikes or just about any other prescription to address the state's critical transit needs.

Rooney said his group has not yet gotten to the point of debating specific proposals, like an increase in the state gas tax or in the user fees paid with each ride with a service like Lyft or Uber.

"If there's something that we did achieve consensus on, it is that anything that is proposed in the form of revenue needs to be packaged with measurable outcomes. I think I can say that we've agreed universally that we don't think the right approach is just an easy revenue-raising proposal," he said.

State House News Service
Friday, July 12, 2019
Chamber chief sizes up Hill's approach to transpo "crisis"


The Registry of Motor Vehicles has not only been failing to review out-of-state driver violations, but has often failed to warn other states about infractions in Massachusetts, officials said Friday as they announced that license suspensions stemming from a mishandled notification backlog had nearly doubled in the course of a week.

Workers finished processing tens of thousands of notices from other states about Massachusetts drivers that sat overlooked in a Quincy storage room or in Concord archives, resulting in suspensions issued to 1,607 drivers — about 760 more than the last status update issued one week ago.

In addition to the growing total, an ongoing internal review determined that the RMV has not been regularly directly notifying other states about non-commercial driver violations and suspensions.

"There is no evidence that the RMV has (at least not for many years) had a consistent practice of sending out mail or electronic notification of violations or suspension actions taken in Massachusetts to other states in 'real time,'" interim Registrar of Motor Vehicles Jamey Tesler and Department of Transportation General Counsel Marie Breen wrote in a Friday report.

State House News Service
Friday, July 12, 2019
Registry scandal deepens on two fronts


Chip Ford's CLT Commentary

Still no puff of smoke arising over the Beacon Hill Vatican despite the state budget being now fifteen days late with no agreement in sight.  The six most holy and sacred committee cardinals have yet to agree on a new budget despite pontificating over it for the past 46 days.  In the interim, House Speaker Robert DeLeo wants the governor to submit yet another bill to further extend a temporary 1/12 budget to cover the state's expenses beyond July through August.

One of the roadblocks to reaching agreement is that for too long the Legislature has used the annual budget to bury a multitude of individual legislator's special spending earmarks and policy changes deep within countless "outside sections" of the state budget.  Government policy good or bad does not belong in the state's primary spending bill.  But when special favors and controversial policies are secreted into one "must pass" budget bill, when the vote comes up on the budget including any wasteful spending and unrelated issues attached to it it's an up-or-down vote to either keep the government running (and include opposed spending and policies) or oppose the bad spending and policies and stall the entire state budget.  In the real world this is termed extortion.

Rep. Todd Smola, one of two Republicans on the six-member conference committee, noted:  "There's a lot to this budget, and if people had delved into the outside sections and some of the policy issues and big changes we're dealing with in the House and Senate versions, they'd understand the fact that it takes a little bit longer to get through."

"[O]utside sections and some of the policy issues and big changes" don't belong in a state budget.  They ought to stand alone and be addressed and voted on separately, each passed or rejected on its own merits.


"Transportation Financing Package"

Remember not long ago when the term "spending" became political baggage?  Liberals took control of the language as is their bent and re-termed it "investments."  About the same time what the government extracted from its citizens was called taxes, remember?  That term didn't wear well either, so what government takes from its citizens was re-termed "revenue."  Apparently the unwashed citizenry has caught on to this.  So here comes its latest permutation:  "Transportation Financing Package."

"For the children" has also lost it power, so the new holy cause is "for transportation and infrastructure," along with climate "mitigation" or "resiliency."

"Transportation Financing Package."  You'll be hearing it more and more frequently in the days ahead as both the House Speaker and Senate President look for the next saleable "dire need" to justify again hiking taxes.  Current revenue and historic surpluses should be more than sufficient to cover costs if state government was even a little bit prudent and responsible.  I suppose in Massachusetts that's setting expectations much too high.


The State House News Service's "Advances" reported the Joint Committee on the Judiciary will hear testimony tomorrow on more than 65 bills.  One will be H-1458 from House Minority Leader Brad Jones to prohibit eminent domain takings for the purpose of economic development, the very issue that led to the landmark 2005 U.S. Supreme Court decision in Kelo vs. City of New London, which now permits government taking of an individual's private property for corporate benefit if it will increase the tax base.

CLT has long supported similar bills [see CLT's Defense of Private Property Project], in fact filed many of them for more than a decade, since the Kelo decision was handed down by the U.S. Supreme Court.  A large number of states across the nation have adopted state protections against frivolous eminent domain takings since the Kelo decision.  Massachusetts received the Institute of Justice's lowest grade of "F"   Massachusetts legislators' support for such private property protection has gone nowhere but down.  In 2005 HD-4662 had 57 co-sponsors, both Republican and Democrat.  Rep. Brad Jones' bill this year, H-1458, has but ten sponsors all Republicans.

Barbara Anderson addressed this issue in a few of her columns including:  "Court's decision a cruel blow to the American dream" (June 29, 2005) and "Activist voters are needed to reverse faulty decision" (July 7, 2005).


The still unfolding and expanding scandal at the Registry of Motor Vehicles is just the most recent to join a long list of Massachusetts government scandals.  A few of the recent more memorable of them are:

  Cognos scandal (2011)

  New England Compounding Center scandal (2012)

  Massachusetts Crime Lab scandal (2013)

  Massachusetts State Police Scandal (2016)

How can a profligate state government that spends so god-awful much and a billion dollars more every year be the site of so many unconscionable scandals, year after year?  How can a cash cow state agency (RMV) that rakes in ten times what it costs to run be incapable of performing its primary function of public safety?

Most importantly, how can voters keep returning the same enabling miscreants and incompetents to public office, election after election?

I call it the "Battered Citizen Syndrome" in which voters to paraphrase the definition of the Battered Woman Syndrome develop a learned helplessness that causes them to believe they deserve the abuse and that they can’t get away from it.

The "Battered Citizen Syndrome" is the only thing that explains such vast dysfunction without consequence in Massachusetts.

Chip Ford
Executive Director


 

State House News Service
Monday, July 15, 2019

Wait continues for budget after weekend talks
By Chris Lisinski

The third week of the 2020 fiscal year began Monday with no annual spending plan in place as six lawmakers tasked with reaching a deal have yet to find consensus.

For the sixth straight weekday, the House kept an informal session open Monday afternoon in case a conference committee negotiating the budget or one working on a distracted-driving bill has a report to submit.

Despite the fact that budget talks have now lasted 46 days — the longest negotiation without a resolution in at least a decade — House Assistant Minority Leader Paul Donato said the conference committee "made a great deal of progress" over the weekend.

"There's still some issues they're trying to work out," Donato told the News Service. "They were hopeful they were going to be able to get something done tomorrow or yesterday, but they're still bogged down on a couple of issues. We're hopeful we're going to get something done by the end of this week."

Donato said the committee has not told leadership what those remaining issues are.

The Senate also met in an informal session Monday, but adjourned until Tuesday after about 15 minutes.

Massachusetts remains one of only two states alongside Ohio without an annual spending plan sent to the governor. Payroll and government services are being funded by a $5 billion interim budget in the meantime.


State House News Service
Monday, July 15, 2019

DeLeo calls for interim August budget amid prolonged negotiations
By Chris Lisinski and Matt Murphy


With the annual state budget now 15 days late and negotiators acknowledging still-unresolved issues, House Speaker Robert DeLeo indicated concern Monday that a compromise might not be within reach this month and said the governor should file legislation that would ensure government continues to operate into August.

The speaker's statement on Monday came just hours after he publicly hinted that legislative leaders may have to consider "other options" for resolving a fiscal year 2020 budget if talks continue to drag later into July, a month in which state spending is covered by an interim $5 billion appropriation with no exact date for when funding will run dry.

"Based on the current status of the negotiations, the Speaker feels it would be prudent for the Governor to file a 1/12th budget for August to ensure the Commonwealth's fiscal obligations are met," DeLeo spokeswoman Catherine Williams told the News Service in a statement.

A six-member conference committee continues to negotiate differences in the House and Senate's $42.7 billion spending plans more than two weeks into the fiscal year, the ninth straight year with a budget arriving late. However, with conferees still declining to offer a timeline when they might reach a deal, DeLeo said Monday that a change in approach may be necessary.

"The longer it goes, other options are going to have to be considered the closer we get to the end of the month," he told reporters. "But I think that as of right now, to their credit, the chairs and the conferees are working hard to have it accomplished by the end of the month. But it's something at this point, now that we're at mid-month, we have to keep a close eye on."

Amid last year's late budget talks, DeLeo proposed on July 9, 2018 that legislators could separate policy proposals included in the budget from bottom-line spending to help produce a compromise. Asked about such an idea Monday, he said that could be "one of the options," but he did not identify others.

Both legislative leaders and those involved in the private negotiations declined to explain what exactly is causing the delay. Senate President Karen Spilka, who met with DeLeo and Gov. Charlie Baker before the group addressed reporters Monday, said only that conferees are addressing "complicated policy issues and other issues."

"I know the chairs are working really hard," Spilka said. "I know (Senate) Chair (Michael) Rodrigues has been working around the clock. My hope is that we do get it done. We need to do our job and get the budget done as soon as we can. I think all focus and all energies should be on getting the budget done so we can move forward on so many other issues before us."

Rep. Aaron Michlewitz, the committee's House chair, left the meeting with the governor and other legislative leaders around 3 p.m. and headed back to his office.

"You saw the differences between the two budgets," he told the News Service. "There are still some things we need to work out but we're working on it. We worked on it all weekend, discussing things back and forth. We're still talking and we're going to keep talking until this gets done and no rest until we're done."

While the branches passed budgets with similar bottom lines, they varied on whether to freeze UMass tuition and fees, how to enforce drug-pricing reforms, and whether to impose new taxes on opioid manufacturers and vaping products. UMass President Marty Meehan's office said Monday that a trustee meeting planned for Tuesday in Lowell to set tuition rates for next year had been postponed until the budget is resolved.

Massachusetts, which was the last state in the nation to enact an annual spending plan last year, is one of only two this year alongside Ohio that still has not sent a final budget to the governor. Five states, as of July 5, did not have budgets in place for fiscal years that began on July 1, including Oregon, North Carolina and New Hampshire.

As of Monday, 46 days had passed without a resolution since the budget was referred to conference — already the longest negotiation in at least a decade.

Rep. Todd Smola, one of two Republicans on the conference committee, said earlier on Monday that despite progress in the committee's talks he is worried that stopgap funding is dwindling and a traditional August recess approaches.

"While we have time, that time is coming close to running out," Smola said. "There's no doubt about that. I think that is an issue for everybody involved. But we want to do it right, so it's a careful negotiation, and we're going to keep working at it."

Like Michlewitz, Smola demurred when asked which issues remained a sticking point for negotiators.

"There's a lot to this budget, and if people had delved into the outside sections and some of the policy issues and big changes we're dealing with in the House and Senate versions, they'd understand the fact that it takes a little bit longer to get through," Smola said.

Both branches held informal sessions Monday, and adjourned until Tuesday without receiving a report.

House Assistant Majority Leader Paul Donato told the News Service on Monday that Democratic leadership is "hopeful we're going to get something done by the end of this week." Asked if that prediction was accurate, Smola laughed and said he had "no idea."

"It's a fluid thing," he said. "I think that we are reasonably close on most things, but there are some things that still need to be dealt with, and usually, it's not the easy things left on the table that need to be dealt with. It's the more complicated things. Those things are going to take more time."


State House News Service
Monday, July 15, 2019

House GOP budget negotiator: "It's a fluid thing"
By Chris Lisinski


A Republican lawmaker negotiating the state's weeks-late fiscal year 2020 budget said the conference committee is making progress, but that he is growing concerned about timing as stopgap funding dwindles and a traditional August recess nears.

Rep. Todd Smola, one of two Republicans on the six-member conference committee, said Monday that "the clock continues to tick" as the private budget discussions — which, at 46 days and counting, are the longest without a resolution in at least 10 years — continue.

"While we have time, that time is coming close to running out," Smola said. "There's no doubt about that. I think that is an issue for everybody involved. But we want to do it right, so it's a careful negotiation, and we're going to keep working at it."

Both branches held informal sessions Monday, and adjourned until Tuesday without receiving a report. Conferees are still working to resolve differences in House and Senate versions of a $42.7 billion spending plan for the fiscal year that began on July 1.

House Assistant Majority Leader Paul Donato told the News Service earlier on Monday that Democratic leadership is "hopeful we're going to get something done by the end of this week." Asked if that prediction was accurate, Smola laughed and said he had "no idea."

"It's a fluid thing," he said. "I think that we are reasonably close on most things, but there are some things that still need to be dealt with, and usually, it's not the easy things left on the table that need to be dealt with. It's the more complicated things. Those things are going to take more time."

Smola did not identify specific issues, but the two bills take divergent approaches to freezing UMass tuition and fees, drug-pricing reforms and taxes on opioid manufacturers and e-cigarette products.

"There's a lot to this budget, and if people had delved into the outside sections and some of the policy issues and big changes we're dealing with in the House and Senate versions, they'd understand the fact that it takes a little bit longer to get through," Smola said.

A $5 billion interim budget signed in June will cover about a month's worth of government operations, avoiding a shutdown as talks stretch well beyond the July 1 start of the fiscal year.

Ohio is the only other state in the country besides Massachusetts where an annual spending plan has not yet been sent to the governor. Five states, as of July 5, did not have budgets in place for fiscal years that began on July 1, including Oregon, North Carolina and New Hampshire.


State House News Service
Friday, July 12, 2019

Weekly Roundup - Hope you guess my name
Recap and analysis of the week in state government
By Matt Murphy


It's at times like these when the Legislature could maybe use a chaplain.

The impasse over a fiscal 2020 budget will extend into a third week as legislators, now in a contest with four others for the distinction of the last state in the country without an annual budget, have shown little concern over potentially losing that footrace.

Senate Ways and Means Chairman Michael Rodrigues, however, offered one of the most promising clues yet as to what might be gumming up the works. "The devil's in the details and a lot of the issues before us, there's a lot of details to work that out," Rodrigues said.

That's right. The devil could be hiding anywhere.

So maybe it's no coincidence that in the absence of Father Rick Walsh, the former House chaplain who decamped for New York City and the St. Paul the Apostle parish at Lincoln Center on July 1, legislators have been unable to secure a budget agreement.

In all seriousness, though, whether it's Lucifer, a compromise over pharmaceutical drug pricing controls or something else entirely, Beacon Hill has become trapped in a holding pattern as it waits for a resolution to the budget debate in order to get on with its other pre-August recess business.

As the days came and went and no final compromise was reached, Rodrigues mustered the most forceful statement made by any Democrat when he declared, "I want it done," disregarding how, as one of the lead negotiators, getting it done was wholly within his power.

That was Tuesday, at a point when many lobbyists were beginning to wonder if Secretary of State William Galvin's new online reporting system was also being haunted by evil spirits. The lobbying profession tends not to generate much sympathy, but they were still pulling their hair out over Galvin's new online system that lobbyists and their clients use to report expenditures, campaign contributions and legislative interests.

It was, according to multiple people who had tried to use it, a nightmare to work with, despite the intention of it being a more transparent, user friendly process. As the Monday deadline to file approached, the system was still plagued with crashes and saving failures that had some in a panic and cursing out loud.

In the meantime, rumors of an imminent education reform bill floated through the halls, while the speaker's climate change bill inched closer to his desired July vote.

House Bonding Chairman Antonio Cabral hosted a second hearing on the GreenWorks legislation, which proposes to borrow $1 billion over 20 years, outside of the state's debt limit, and spend it over 10 years to help the state adapt to climate change. Gov. Charlie Baker has filed a competing bill with the Senate that would raise real estate transfer taxes to pump the same amount of money into climate adaptation.

Climate activists, at the hearing, seized on the apparent momentum to encourage legislators to do both -- borrow and tax -- to fight climate change impacts, while Senate President Karen Spilka remains a wildcard on what approach she would prefer....

Speaking of ground, House Speaker Robert DeLeo and Spilka found common ground this week when it came to the RMV, concluding that the situation surrounding thousands of unreviewed out-of-state driving violations warrants some legislative inquiry.

Joint Committee on Transportation co-chairs Rep. William Straus and Sen. Joe Boncore announced that they would hold an oversight hearing on July 22 to explore what happened at the registry, adding new sets of eyes to those from Grant Thornton, the auditing firm hired by the Baker administration that began its 60-day investigation this week.

That decision was backed up with Friday afternoon's revelation that the RMV's spelunking expedition through boxes of years-old notices from other states had resulted, when all was said and done, in 1,607 drivers being suspended who should have been taken off the road sooner.

DeLeo and Spilka were also busy mapping out the post-recess agenda, hosting separate meetings with business leaders including former Lt. Gov. Tim Murray and former Economic Development Secretary Jay Ash, to discuss transportation financing.

The speaker has been adamant that he wants to have a revenue debate in the fall, and he wants the employer community to be a partner in the solution to improving traffic congestion and public transit.

Participants walked away from the meetings less certain of Spilka's timeline....

The cellphone driving ban bill went into conference two weeks later than the budget, but at this point who knows which will get finished first. The week ended with Beacon Hill looking ahead to Monday and the potential that a new week brings.

STORY OF THE WEEK: As the pages of the calendar turned, legislators held vigil for a budget that wouldn't come.

SONG OF THE WEEK: There has been an abundance of sympathy from their colleagues for the tardiness of the state budget, but at some point negotiators may begin to feel the pressure dial up.


State House News Service
Friday, July 12, 2019

Chamber chief sizes up Hill's approach to transpo "crisis"
By Colin A. Young


With lawmakers in the House and Senate gearing up to take a run at a broad transportation financing package in the next several months, a cadre of business groups is working on a parallel path to influence whatever legislation eventually emerges.

Members of the Massachusetts Business Coalition on Transportation, a statewide group of two dozen business organizations that banded together earlier this year, met Wednesday with House and Senate leaders to check in with each branch and get a sense of what to expect once legislators put pen to paper.

"It strikes me that the Senate and the House both feel the need for legislative action in some rough six-month window between October of '19 and March of '20. I think they both want to act somewhere in that window and they want the business community input," Greater Boston Chamber President James Rooney, who co-chairs the coalition, said Thursday. "Something's going to happen and the business community can continue to either operate in our own group silos and fractured nature, or we can come together to try to influence what ultimately comes out of the legislative bodies."

Business groups have increasingly decried the Boston area's public transportation woes as a hindrance to economic growth. Traffic and congestion on the roads make for long and frustrating commutes by car, and the unpredictable nature of public transportation frequently makes workers late to their jobs.

Rooney said the coalition began its work by grasping the scope of transportation and mobility issues in Massachusetts and the unique issues that affect specific regions. Though the MBTA is the lifeblood of the Greater Boston area, it isn't that important to people on Cape Cod or in the Berkshires, he said. Likewise, the Cape and Berkshires rely on regional transit authorities, which aren't as critical a component in Boston.

Business leaders have heard presentations from A Better City -- which in February released a report detailing an $8.4 billion shortfall in revenues needed to ensure state roads, bridges and MBTA infrastructure are in a state of good repair over the next 10 years -- and the Massachusetts Taxpayers Foundation, Rooney said. They've also met a few times with Transportation Secretary Stephanie Pollack, who "shared [the administration's] view of the funding situation," Rooney said.

With months of work behind it, Rooney said the business coalition has "gotten to a point of shared understanding," but is still working towards "a point of shared priorities and solutions."

"The general proposition is that we want a transportation system that is statewide, that is reliable and effective whatever that means in different regions of the state, and that supports the existing economy and the growth of the economy throughout the commonwealth, and a transportation system that not only in and of itself supports the movement of people and goods but also enables us to make progress on key public policy issues including climate, housing, economic inequities," Rooney said. "There's a whole host of public policy issues that depend on a reliable transportation system."

House Speaker Robert DeLeo has been beating the drum to get chambers of commerce and other business groups more involved in discussions around transportation infrastructure and financing and has said he is open to tax hikes or just about any other prescription to address the state's critical transit needs.

Rooney said his group has not yet gotten to the point of debating specific proposals, like an increase in the state gas tax or in the user fees paid with each ride with a service like Lyft or Uber.

"If there's something that we did achieve consensus on, it is that anything that is proposed in the form of revenue needs to be packaged with measurable outcomes. I think I can say that we've agreed universally that we don't think the right approach is just an easy revenue-raising proposal," he said.

Asked what kind of measurable outcomes he would like to see in any eventual bill, Rooney said it is important that the people who will be required to pay more to fund transportation be able to see actual improvements in service. He described a "three-R approach: revenue with results and reforms."

"That, thematically, is pretty strong in the business community. I think people are willing to endure the problems and perhaps even the sacrifices of shutting down lines so they can be worked on or shutting down portions of the roadway if they know that it's going to be better in the end," Rooney said. "We feel like any solution that comes from the Legislature or elected officials should be consistent with that kind of thinking."

Former Transportation Secretary Rich Davey echoed Rooney's thoughts in a Boston Globe op-ed Thursday, in which he wrote that the Legislature should "be sure to put forth a plan based on both revenue and reform."

"There is no doubt the transportation system needs more revenue; however, there are opportunities to spend better the revenue we do have," Davey, now a partner at Boston Consulting Group, wrote.

As the roughly six-month window in which Rooney said he thinks the Legislature wants to act approaches, the business groups plan to stay in touch with both of the branches and the governor's administration to provide input. Though DeLeo has said he will seek a vote on a bill this calendar year, the timeline for action in the Senate is less clear.

"If I had to pick a word describing each of them: the administration is deliberate, the Senate seems to want to be collaborative and the speaker's office has embraced a bold approach. He's clearly been very vocal and public about a piece of legislation this fall that includes funding, so he's been the most bold in terms of a response to the current situation that -- myself included -- many of us have labeled a crisis," Rooney said. "I think there's positive elements to each of the approaches."


State House News Service
Friday, July 12, 2019

Registry scandal deepens on two fronts
By Chris Lisinski


The Registry of Motor Vehicles has not only been failing to review out-of-state driver violations, but has often failed to warn other states about infractions in Massachusetts, officials said Friday as they announced that license suspensions stemming from a mishandled notification backlog had nearly doubled in the course of a week.

Workers finished processing tens of thousands of notices from other states about Massachusetts drivers that sat overlooked in a Quincy storage room or in Concord archives, resulting in suspensions issued to 1,607 drivers — about 760 more than the last status update issued one week ago.

In addition to the growing total, an ongoing internal review determined that the RMV has not been regularly directly notifying other states about non-commercial driver violations and suspensions.

"There is no evidence that the RMV has (at least not for many years) had a consistent practice of sending out mail or electronic notification of violations or suspension actions taken in Massachusetts to other states in 'real time,' " interim Registrar of Motor Vehicles Jamey Tesler and Department of Transportation General Counsel Marie Breen wrote in a Friday report.

The registry will begin mailing notifications to other states whenever a suspension occurs in Massachusetts. Under the current infrastructure, officials said, there is no easy way to send digital alerts to other states for non-commercial drivers.

RMV staff have also begun comparing driving records of all 5.2 million Massachusetts license-holders with the National Driver Registry, a digital database that tracks violations, to find any other incidents that may have been overlooked. No updates were available on the progress of that effort Friday, but Transportation Secretary Stephanie Pollack last week called it an "unprecedented" project.

Grant Thornton, a national auditing firm, started a full outside review of the RMV's practices, which state officials called for as it became clear that the registry had failed for more than a year to process notifications that should have prompted action. MassDOT staff have also met with the state inspector general's office and the federal Department of Transportation's inspector general.

Former Registrar Erin Deveney resigned last month after officials acknowledged they should have suspended the commercial license of Volodymyr Zhukovskyy, a West Springfield driver who was arrested in Connecticut on OUI charges and later allegedly caused a crash in New Hampshire that killed seven.

Massachusetts officials missed both electronic and written alerts from Connecticut about Zhukovskyy's arrest, and in the course of investigating that incident, they found that RMV workers had not processed paper out-of-state notices since March 2018.

Tens of thousands of the alerts accumulated in mail bins at the registry's Quincy headquarters, and officials also lacked confidence that notifications dating back to 2011 found in boxes in the RMV's Concord archives had all been processed.

All of the backlog has now been resolved, according to Friday's memo, and new procedures are in place to ensure new correspondence is properly addressed as it comes in. The RMV plans to hire a deputy registrar tasked with overseeing safety and to propose legislation that would require more in-depth driving and background checks for those who seek commercial licenses.

As the scandal unfolded, lawmakers on the Joint Committee on Transportation scheduled a July 22 oversight hearing to probe "management, notice and record-keeping issues" at the RMV.

 

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