
Rep. Hynes State House Report March, 2004 Although it may appear to the casual observer that the Legislature has been frozen in the ice of the gay marriage debate this winter, the reality is otherwise. Despite preoccupation with this important matter, the Legislature is attending to other responsibilities. Chief among them have been the annual formal and informal hearings and meetings informing us of the needs and resources required for the 2005 budget, which goes into effect July 1. The House is scheduled to debate this annual appropriation bill in a few weeks and the Senate by mid May. All are working toward putting this bill on the Governor's desk by mid June. Local Aid: State revenue sharing to the Commonwealth's 351 municipalities and 260 school districts has been and continues to be my primary budget concern. Since the beginning of the state's fiscal crisis in the fall of 2001, this monetary assistance has declined at an accelerating pace. Although appropriations for this aid total $5.46 billion in the current fiscal year and represents 22 percent of state spending - the second largest share next to Medicaid expenditures - this is actually an almost $700 million reduction from the level of aid local schools and municipalities received two years ago. I am hopeful, however, that we can arrest this decline now. Despite the persistent fiscal crisis and the budget structural imbalance some modest increase in state revenues should permit us to level fund the primary local aid accounts in FY '05. School Building Assistance: This state program, which helps construct school buildings, is now 56 years old and showing signs of deteriorating health. It continues to be a successful partnership between the Commonwealth and its local governments, essential to the provision of a quality education to our children. Presently 748 local school construction projects' debt service is picked up by the state at an average rate of 71%. This costs the state $404 million in this year's budget. Over the next 20 years it represents a cumulative total of $5.4 billion in state appropriations to satisfy the Commonwealth's obligation under existing grant agreements. But because of this program's popularity an explosive growth has occurred in the last several years, resulting in 420 projects worth $5.9 billion, awaiting funding. Among these are the Jenkins School and Scituate High School. This enormous obligation has crashed head long against the state's fiscal crisis, resulting in no new debt service assistance in the current year and a year- long moratorium on accepting any new projects for capital assistance. I have been working hard with Rep. Garrett Bradley and Senator Robert Hedlund and others to fashion a solution to the problem. Our resolute determination is to fix the problem as quickly as possible. I have proposed a combination of continued annual appropriations and new capital borrowing under the state's capital budget to reconcile the huge gap between obligations and insufficient funding. The Governor has proposed an ambitious plan of borrowing $8 billion over the next five years, all bonds issued for a 40 year term. It is critical that the Legislature address this matter in this budget year. Too many local projects are at risk. The focus needs to be on resolving the problem and reconciling differences with an attitude toward getting the job done! Unemployment: The most recent monthly unemployment figures are not good news for the Massachusetts economy. 9,500 more jobs were lost in February, bringing the total Massachusetts jobs lost to 220,000 since payroll employment peaked in February, 2001. The technology sector, a Massachusetts leader, has been particularly hard hit and, for many, jobs lost here will not be returning due to industry efficiencies and outsourcing. Hopefully with other positive signs, such as expanding industry output, growing business investment in technology products, and falling claims for jobless benefits, February's losses will be a bottoming out and the long awaited economic turnaround will commence. Safe Havens Bill: The House passed and sent to the Senate the so- called Baby Safe Haven Bi޲Żīnbsp; Modeled on legislation in 45 states, the bill allows a parent to leave an unwanted newborn infant at hospital emergency rooms, police stations, and fire stations across the state. Occasioned by prominently reported cases of baby abandonment, this measure seeks to reconcile the seemingly contrary demand for parent accountability with the overarching concern for the infant's life. While seeking to create this safety net to protect a child from being left to die, it limits the time to within seven days of birth, requires a review board to monitor the law's consequences, and sunsets the law on January 1, 2006 - a most unusual provision but one which its authors feel will require strict and ongoing review of its need and effectiveness before contemplating its renewal. Young Driver Accidents: Beacon Hill officials and others are eyeing tougher laws for teenage drivers which would increase required instruction, introduce mandatory parental involvement, and raise the age for getting a license. The concern is raised because of growing awareness of the number of serious and often fatal motor vehicle accidents involving teens. Nearly 25% of 16 to 18 year old drivers are involved in serious motor vehicle accidents annually; roughly 70 teenagers die from car accidents each year in Massachusetts and 600 are injured. According to State Police Colonel Tom Foley, car accidents are the leading cause of death among teenagers. A special commission of legislators is conducting public hearings looking at potential changes to existing laws with plans to issue a report to the full Legislature by June. I would welcome any suggestions on this matter from any person - particularly those who may want to communicate personal experiences or observations which compel legislative attention. Asset Recovery: The House voted this week to delay implementation of MassHealth (Medicaid)'s expanded estate recovery system. As part of this year's budget an outside section expanded the powers of the state to recover assets from citizens who entered nursing homes under MassHealth. I opposed this provision and worked for it's delay. No hearings were ever held on this provision and its consequential impacts on surviving spouses and children were never measured. I was particularly concerned that (1) this provision unfairly reached back years, without any forewarning, to rescind legally established financial plans, and (2) that the budget rider punished older surviving spouses subsisting on limited or fixed incomes, many of whom are elderly women. It seems to me that at the very least, the primary residence of such patients ought to be shielded from estate recovery, at least up to the homestead protection, currently at $300,000. A number of people have contacted me regarding the injustice of this sweeping budget rider. This week's action gives the Legislature time to examine the matter carefully and thoughtfully and respond appropriately before the new July 1 deadline. Reflection: "The welfare of the people is the chief law." Cicero |