Rep. Hynes State House Report
  January, 2004


Legislative leaders and the Governor, through his annual State of the State Address, have articulated some of the matters they believe necessary to address in this new year.  I thought it might be helpful to give you some of my thoughts on what to expect this year and some of the major issues state government will address.

Budget:  Once again the establishment of a balanced, on time state budget will be the primary priority.  Although there are clear signs of a stabilizing, even rebounding economy, including a return to a bullish stock market, the continued concerns about a jobless recovery, and only modest governmental revenue growth, suggest that the current budget building process will be as arduous as the last three years.  The top House budget writer has already issued his assessment that state government faces a $1.7 billion budget gap shortfall for the coming year and most of this shortfall will have to be made by spending cuts.  He points out that any sustained economic recovery takes 12 - 18 months before it shows up in state tax collections and characterizes existing revenue growth as "sluggish."  At the same time the Legislature and Governor have reached bi-partisan agreement on projected tax revenue available for next year.  Always a crystal ball exercise, such economic projections can be analogous to weather forecasting in New England.  Thus the agreement is enormously helpful in building a transparent, straightforward budget plan.  The agreement recognizes a modest 3.75% growth in revenues for FY 2005.   There has, as well, been accord on the amount necessary to finance the state's pension obligations in the coming year, as well as agreement to stick to the plans to retire the state's unfunded pension liability by 2023.  Resolution on this liability and its funding underscores the "truth in spending" approach being taken in a bi-partisan manner.  Local aid to cities and town will get renewed priority in the upcoming budget debate.  The Governor and his chief budget writer have asserted their budget will not call for any further cuts to local aid.  This is good news to local taxpayers and I will do my best to work with my colleagues to at least return to municipalities next year no less state revenue sharing than being received currently.  At the same time prudence and caution, occasioned by continuing decreases in payroll employment, should require local budget writers to prepare their own municipality's spending plan with a 5 - 6% reduction in state aid.  Other priority areas will include education, health care, public safety, the environment, and transportation.  It's an election year, so you can expect some postulating and positioning by everyone.

Gay Marriage:  The blockbuster media issue of the year will be the matter of gay marriage.  The Massachusetts Supreme Judicial Court, in a split 4-3 decision, has ruled that same sex couples have a constitutional right to marriage and required the Legislature and Governor to, within six months, come up with the legal pathway to effectuate this ruling.  The Governor and Attorney General immediately issued dissenting statements endorsing civil unions but opposing homosexual marriage.  The Senate has petitioned the Court to see if law establishing the registration of civil unions, with requisite rights and obligations for its members, would be acceptable to the Court.  The House has not taken any formal action yet informal actions, studies, and research are being pursued.  Individuals and groups, not only from Massachusetts but around the country, are weighing in with their own forcefully held and heartfelt views on the matter.  A Constitutional Convention, scheduled before the Court's decision for mid February, has on its agenda an item which would define marriage as the union of one man and one woman, while at the same time apparently outlawing civil unions.  Thus the extremes of the issue are joined and the Senate President is arguing postponement of this debate until hearing a response from the Court, asserting that a well informed and thoughtful debate must await the Court's response.

School Construction:  The state presently spends $404 million annually to reimburse local school districts for school building projects.  This legal obligation requires $5.8 billion in state spending over the next 20 years.  Yet, in addition, the state Department of
Education, has committed to another 330 school construction projects, placed them on a Waiting List, and authorized the responsible school districts to proceed to construction.  The state's 20 year bill for these later projects is an additional $5.4 billion.  Some budget makers have thrown up their hands in defeat, proclaiming the hardship in achieving this commitment.  I, however, have offered two financing plans to achieve the state's promise.  One would segregate out state bond funds for the next 20 years; the other would meet the obligation by incremental increases in the current line item appropriation through cost savings in other declining liabilities and a dedication of standard inflationary increases.  I am pleased with the Governor's emphasis on this matter in his State of the State Address and look forward to positive movement in the upcoming months.

Affordable Housing continues to arrest the attention of state policymakers.  Housing costs are beyond the reach of many average income families.  The cost of homes in the Greater Boston area are the second highest in the nation and 40% of existing Marshfield homeowners, according to a recent study, could not purchase their own home in today's market.  For too many the only pathway to making home costs more affordable is the 35 year old statute known as Chapter 40B.  I believe this approach is broken, has never achieved its objectives, and creates extraordinary disruption in local municipalities and neighborhoods by circumventing local zoning bylaws.  I am proposing two concurrent approaches toward achieving more affordable housing, a goal which is an economic imperative for the sustainable and viable growth of the Massachusetts economy.  One will require major changes in CH 40B's attitude and approach to local municipalities; the other is an alternative system of inclusionary zoning, which when adopted by a city or town will free them from the burdens of 40B.  I expect these issues to be debated in early spring.

Drinking and Driving:  I have become alarmed by the increasing amount of automobile accidents caused by drunk drivers and the inability of existing laws to stanch these tragedies.

17,000 people annually lose their lives in drinking related auto accidents; families are left with the agonized sorrow of perpetual human loss.  Despite public awareness and increasingly tougher laws, drunk driving persists and seems to be increasing.  The problem seems to me is the drinking and its pervasive misuse in a society which seems to encourage the celebration of major life events with alcohol.  It begins early.  Recently Marshfield High School felt it necessary to begin administering breathalyzer test to students entering dances.  I am determined to join with others in trying to make a difference in this battle against out of control drinking.  Right now, my staff and I are engaged in research, study, and discussion which hopefully will lead to the introduction of proposals which will have a more chilling effect on this pervasive behavior.


Reflection:    "There are three stages of living:  youth, middle age, and 'boy, don't
                        you look great!'"

                                                              - Bob English (Marshfield)