Good morning,
It’s a good week to be an advocate for reform at the Massachusetts legislature! Following this historically chaotic legislative session that continues to drag into the fall, it seems that voter awareness of the many dysfunctions in the legislature is at an all-time high.
In case you missed it, MassINC released a new poll this week in which they asked MA voters a brand new question: Would you say the state government in MA mostly operates in a way that is open and transparent or not? Voters were clear about how they feel about state house transparency: 45% said the state government does NOT mostly operate transparently, compared to 36% that said it did.
While this is far from a win for Massachusetts (our dream: a reformed system where 100% of voters can confidently say that state government operates transparently), it is a good sign that voter opinion is starting to align with national assessments of Massachusetts’ transparency– or lack thereof.
Operating in the shadows for much of the legislative session, our legislators have tended to enjoy notably high approval ratings from voters that are shut out of the actual process of legislating. More voter scrutiny, especially from among the broader public, only increases pressure on representatives to open up their opaque procedures. Therefore, a plurality of voters reporting awareness of the transparency issues in our state means one thing: our movement is getting stronger. And harder to ignore.
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State House Scoop
Slow movement– but the people aren't waiting
Those few state legislators still showing up to informal sessions had a fairly uneventful week this week, with major priorities still caught up in conference committees.
Most bills passed in the short informal sessions held Monday and Thursday pertained to home-rule petitions for individual towns. Also, the Senate passed a bill this week to update foster care eligibility requirements, which currently exclude families who own certain dog breeds from eligibility. The bill had passed the House unanimously in July.
Meanwhile, in conference committee– remember the climate legislation discussed in last week’s Scoop, which the governor attempted to speed along by sticking it in a supplementary budget? It appears the move has payed off: Senate and House conference committee members report having resumed negotiations on a broader bill. As a reminder, the bill centers on legislation to speed up the process of finding and approving locations for critical clean energy infrastructure. Both House and Senate versions include additional climate measures that differ from each other, keeping the bill in conference committee.
Although legislators may be having a slow week in the halls of the State House, activists are seizing the moment to make their voices heard on hitherto-yet-unpassed legislation on Beacon Hill. Continuing on the theme of increased voter scrutiny of legislative activities, this week saw major demonstrations by climate activists as well as a group of Boston seniors, calling for movement on the aforementioned climate bill and Mayor Wu’s property tax proposal, respectively.
Climate activists called for key aspects of the Senate’s proposed version to be included in the final bill, including language that would curb expansion of natural gas infrastructure. Some went as far as to chain themselves to the State House gates, while others styled themselves as legislators in a symbolic tableau, imploring state house leaders not to “kick the can down the road” on climate by passing toothless legislation.
The big boss in his own words
Fall weather ever make you feel like curling up with a nice bowl of stew? Apparently, it does for state house Speaker Ron Mariano, who appeared publicly this week for one of the first times since the end of the legislative session in July. When asked by reporters if he cares if major priorities are wrapped up before the November election (historically, a priority), he answered: “No.”
Why? “Because… these things take time. It's like making a stew. It's not done until it's done."
... Aside from being a fairly flippant response from exactly the man with the power to make sure that representatives respect their own deadlines for lawmaking, his position shirks precedent set by historic reform campaigns.
Since 1995, the July deadline has served to create a separation between the work of legislating and the electoral work of campaigning, as well as preventing controversial issues from being passed by “lame duck” legislators post-election. As State House News points out in their coverage, the rule was initially enacted following a session where legislators appeared to cut a controversial deal with the governor (including 55% pay raises for themselves) after the election. The session that followed was markedly more effective (paywalled) than previous ones. Considering this 2023-2024 session, conversely, is coming in as one of the least effective on record, it might not be the time to ignore this reform.
Speaker Mariano didn’t stop there, however. Asked about the recent close race between Act on Mass-endorsed candidate Evan McKay and incumbent representative Marjorie Decker, he shared his belief Decker had “learned something” from the tight election. When asked if he himself had learned anything, the answer was once again a curt “No,” explaining “I don't campaign the way she did… I’ve never yelled at any constituent.”
This remark references and appears to corroborate a criticism raised during the campaign, including in an account cited in the Boston Globe, that Decker has been known to raise her voice in conversation with constituents. It’s a bizarre tact for a party leader best known for closing ranks around incumbent lawmakers and expecting loyalty in return. The comment was walked back by Decker and then a Mariano spokesperson, who attempted to explain it away as merely “sarcasm.” Okay…? Almost makes you feel bad for Representative Decker! She touted the party line, centered her proximity to leadership in her campaign against a transparency champion, and this is how she’s repaid.
Well, we can only hope it might be a radicalizing moment for her and representatives like her– but don’t hold your breath.
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Bonus: also in the news this week!
As I said in the intro, it was a big week for discussion of state house issues in the public press. Here’s some other things we’re reading this week, if you want to keep exploring this issue:
- In narrow Decker win, a pointed message to her and Legislature: op-ed by Progressive Mass’ Jonathan Cohn for the Commonwealth Beacon
- Pols & Politics: Does the legislative clock and calendar matter on Beacon Hill? by reporter Chris van Buskirk for Boston Herald (paywalled)
- Are ballot questions good ways to make laws?: One question this year suggests voters not happy with how lawmakers are doing it by reporter Jennifer Smith for the Commonwealth Beacon
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Missed a Scoop or two? You can find a full archive of all past Saturday Scoops on our blog.
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Syd’s Sprinkles: Graveyard of the 193rd Session — Act to Prevent Wage Theft
In this week’s installment of the 193rd Session’s Graveyard, we lay to rest the Act to Prevent Wage Theft.
An Act to Prevent Wage Theft (H.1868, S.1158) would:
- Protect workers from common wage theft violations such as failure to pay wages, failure to pay at least the minimum wage, and failure to abide by overtime laws
- Protect workers from independent contractor misclassification, ensuring workers are able to receive the benefits they are entitled to
- Protect workers against retaliation from their employer for reporting violations
- Increase the power of the Attorney General's office to enforce wage theft laws
Wage theft steals an estimated $1 billion per year from low-wage workers in Massachusetts. Building on years of advocacy for updated state policy on wage theft, this critical bill was first introduced in 2015. In the last four sessions, it has been reported out of its joint committee favorably, only to die each time in the House Ways and Means.
This session, this bill stands to see even less action than usual: it has yet to receive a committee report, despite the fact that the public hearing for this bill was held over a year ago in September 2023. At this hearing, Attorney General Andrea Campbell was the first of many supporters to testify, stressing the critical need for this legislation in order to bolster her office’s legal power to hold employers accountable and prevent wage theft.
Even if this bill does make it out of the Joint Committee on Labor and Workforce Development, the chances of it being brought to a vote are slim. Especially given that the reporting deadline was extended again to December 31st of this year – a.k.a. the last day of the session.
Over 100 legislators in the House co-sponsor this legislation (103 to be exact), meaning that it would pass with an overwhelming majority if ever brought to the floor of the House. However, despite broad public support, it has never been brought to a vote.
Want to know what is even more frustrating? The original 2015 bill was introduced by Representative Aaron Michlewitz, who has chaired the House Ways and Means committee since 2019. Yes, the same House Ways and Means that has killed this bill for the last four sessions in a row. What gives?
Whatever it is, we can be sure that backroom lobbying, corporate interests, and the interests of house leadership are involved to deprive the citizens of Massachusetts of this critical legislation.
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Take Action
With the November election approaching, we're ramping up our focus on the five questions that Massachusetts voters will encounter on the ballot. Here's how you can get involved and learn more!
Ballot Q1 Info Session - October 3, 2024 5-6:30 PM
Join us next week in Cambridge, where Act on Mass' very own Brenna Ramsden will join State Auditor Diana DiZoglio and Cambridge City Councilor Jivan Sobrinho-Wheeler to discuss Ballot Question 1. Come on down to hear the discussion and ask any questions about the ballot measure!
Canvass or Phonebook for Yes on 2 - multiple locations, multiple dates!
Our friends with the Yes on 2 campaign are running frequent canvasses and phonebanks at key locations around the state to talk to voters about the ballot question, including some later today! Get plugged in to an event near you by signing up on their Mobilize.
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Well, off to go make some stew. Have a great week, folks, and keep an eye on those legislators– let's keep the pressure up!
In solidarity,
-Scotia
Scotia Hille (she/her)
Executive Director, Act on Mass