State legislative panel spurns ballot measures

Sen. Cindy Friedman and Rep. Alice Peisch, co-chairs of the Special Joint Committee on Initiative Petitions, confer during a recess at a hearing on March 19.

Sen. Cindy Friedman and Rep. Alice Peisch, co-chairs of the Special Joint Committee on Initiative Petitions, confer during a recess at a hearing on March 19. State House News Service

By CHRIS LISINSKI

State House News Service

Published: 05-03-2024 5:51 PM

BOSTON — The next phase in the fight over half a dozen major and pressing policy proposals kicked off Wednesday with a common feature on Beacon Hill: lawmakers recommending that the Legislature not take action.

A special committee tasked with overseeing the House and Senate’s biennial analysis of ballot questions concluded none of the measures warrant legislative approval, potentially clearing the way for voters to make decisions on major policies affecting high school graduation requirements, gig economy workers, legislative oversight and more.

The eight-member panel filed reports Wednesday recommending each of the 10 drafted questions — representing six different topics — ought not to be approved. Their rationales varied, from arguing that a measure subjecting the Legislature to new scrutiny by the state auditor would “supplant” lawmakers’ accountability to voters, to suggesting there’s “insufficient evidence” about the impacts of increasing the minimum wage that businesses must pay tipped employees.

All six Democrats and two Republicans on the committee agreed to suggest no action on questions that would offer access to psychedelic substances (H 4607), declare app-based drivers to be independent contractors while potentially extending them some benefits (H 4608 through H 4612), and increase the minimum wage that businesses must pay tipped employees (H 4606).

Sen. Jason Lewis, D-Winchester, did not join the majority on questions to allow drivers for platforms like Uber and Lyft to unionize (H 4605) — a proposal similar to a bill he filed — and eliminate the use of MCAS as a graduation requirement (H 4604).

Republicans Rep. David Vieira of Falmouth and Sen. Ryan Fattman of Sutton disagreed with the majority recommendation (H 4603) that the Legislature should not enact an Auditor Diana DiZoglio-backed measure explicitly subjecting the House and Senate to scrutiny by her office.

“The initiative petitions address complex issues in the Commonwealth and for the reasons detailed in the Reports, the Committee does not recommend any of the petitions be enacted by the Legislature at this time,” Rep. Alice Peisch and Sen. Cindy Friedman, the special committee’s chairs, said in a joint statement. “We appreciate the time, energy, and passion of all who took the time to participate in this part of the democratic process.”

Organizers behind the campaigns are eyeing the ballot as a way to force action on tense, impactful issues where lawmakers have hesitated to act or outright oppose the proposals.

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The committee’s majority reports collectively signal that the representatives and senators who spent 20-plus hours listening to testimony about ballot questions over the course of five public hearings are mostly comfortable leaving the final decisions to voters, although there’s still time for compromise bills to be crafted that might satisfy proponents of planned ballot questions.

But the majority reports laid out no current plans to push for legislative alternatives or compromise, and the lack of enactment by an end-of-Tuesday deadline allows initiative petition supporters to begin gathering the final 12,429 voter signatures they need. A spokesperson for Secretary of State William Galvin said some campaigns have already picked up new petitions to collect more signatures.

Every member of the committee except for Lewis, who co-chairs the Education Committee, took a clear stance against one question that would eliminate the use of MCAS exams as a high school graduation requirement.

Supporters, led by the Massachusetts Teachers Association, argue that the high-stakes tests put too much pressure on students and fail to capture performance as well as more individualized classroom exams.

But most lawmakers on the panel found that argument unconvincing.

“Simply eliminating the uniform graduation requirement, which will allow students to graduate who do not meet basic standards, with no standardized and consistent benchmark in place to ensure those standards are met, will not improve student outcomes and runs the risk of exacerbating inconsistencies and inequities in instruction and learning across districts,” they wrote.

Lewis, who declined to take an up or down stance on the MCAS and driver unionization reports, said he hopes lawmakers can secure an agreement on both fronts.

“Productive discussions between legislators and stakeholders on this initiative petition are currently ongoing,” he said in a statement about the MCAS graduation requirement.

MTA President Max Page and Vice President Deb McCarthy reacted to the legislative report by mostly recounting their case for decoupling MCAS exams from graduation requirements, arguing that it “removes the negative aspects of having the standardized test used as a graduation requirement, while keeping the MCAS exams as diagnostic tools.”

Lawmakers aimed some of their most pointed initiative-petition commentary at the question pushed by DiZoglio, the Democrat auditor who previously served in both branches and clashed with legislative leaders during her tenure.

DiZoglio has been trying to subject the notoriously opaque House and Senate to an audit by her office, but top Democrats have refused, arguing that she is overstepping her authority.