The Massachusetts Legislature, despite having Democratic supermajorities in both the House and Senate, often finds itself at odds over key legislative issues.
Key bills like medically accurate sex education, same-day voter registration, and the legalization of happy hour have passed the Senate but stalled in the House, adding to the ever-growing list of unpassed legislation.
A similar fate has befallen the Act to Prevent Wage Theft, a bill designed to protect workers and enhance employer accountability, which has been introduced for over a decade. Despite passing the Senate multiple times, the bill continues to languish in the House Ways and Means Committee.
This bill was introduced by Rep. Aaron Michlewitz, chair of the House Ways and Means Committee, who has not responded to inquiries regarding its status. The previous session saw 93 co-sponsors in the House, and in earlier sessions, it even had a supermajority of support.
So what is preventing this bill from progressing?
Jonathan Hecht, a former Democratic representative from Watertown, suggests that the delays reflect a defining characteristic of Massachusetts politics. He explained that negotiations often contribute to the holdup, as when one chamber prioritizes a bill, the other may purposefully choose not to advance it.
“When one chamber indicates, by taking up a bill and passing it, that it’s a priority for them, the other chamber thinks ‘oh, well, if that’s a priority for them, we won’t do it, and we’ll do something else that’s a priority for us,’” Hecht said.
Hecht’s experience in the legislature, from 2009 to 2020, highlighted the pressure to align with House leadership rather than pursue priorities aligned with the Senate. He criticized the discouragement of cross-chamber coalitions, noting that it could be frustrating for advocates of important legislation.
“It can be really frustrating,” said Scotia Hille, executive director of Act On Mass.
She expressed concerns that significant legislative proposals often become bargaining chips in a legislative standoff between the two chambers.
In addition to the negotiation strategies, Jonathan Cohn, policy director at Progressive Massachusetts, recognizes a productivity disparity between the two chambers. He explained that House leaders wield significant power, resulting in a top-down management style that affects the volume of bills voted on.
The House tends to seek consensus due to its larger number of members, resulting in a slower legislative process compared to the Senate, where voting on bills with some party line defection is more common.
Cohn noted that this dynamic means that while the Senate may pass more progressive legislation, the House’s approach often leads to fewer overall votes.
Currently, a Senate initiative to remove the Legislature’s authority over new liquor licenses faces opposition in the House, particularly from House Majority Leader Michael Moran, who believes that neighborhood voices must be preserved in the legislative process.
Stan Rosenberg, a former Senate president, pointed out that simply cosponsoring a bill is no guarantee of commitment.
“Sometimes that happens, believe it or not, when a bill gets to the floor and someone cosponsors, and they go to the presiding officer and say, ‘Do we have to take a roll call on this?’” Rosenberg recounted.
He anticipates that new joint rules requiring online posting of committee votes may change this dynamic, possibly leading legislators to sponsor fewer bills overall.
Rep. Christopher Hendricks from New Bedford acknowledges the existence of disputes between House and Senate leadership but highlights that these conflicts usually do not involve rank-and-file members.
“Once something’s up for a vote, that means that they’ve worked it out,” Hendricks indicated, emphasizing the role of committee chairs in the legislative process.
Similarly, Rep. Mark Sylvia believes collaboration with senators is vital and noted successful joint endeavors like home rule petitions with Sen. Mark Montigny and Sen. Michael Rodrigues.
Sylvia also observed that the smaller Senate, with its 40 members, can more easily reach consensus than the larger House, which has 160 members.
This fundamental difference shapes legislative priorities and outcomes across the two chambers.
House Speaker Ron Mariano did not address inquiries about current House dynamics, while Senate President Karen Spilka’s spokesperson emphasized the importance of strong working relationships with House counterparts for effective lawmaking.
Advocates have raised concerns about a trend of declining Senate floor votes, suggesting that increased concentration of power may play a role.
“There is a feeling that by putting their differences on open display on the Senate side, it gives an advantage to the House in negotiation,” Hecht remarked, which could lead to a more unified front in the House.
Hille, along with other advocates, believes that tension between the chambers is exacerbated by the supermajority held by Democrats in both the House and Senate.
Interestingly, some legislators have noted that having a Republican governor may foster a unique dynamic that unites both chambers against a common adversary.
However, following a series of disputes, it appears that relations between the House and Senate have softened recently.
This spring, the Legislature completed a budget on time for the first time in 15 years under pressure from looming federal funding cuts, demonstrating a potential shift toward collaboration.
Additionally, the Legislature intervened to eliminate broker’s fees for tenants in the Boston area, a measure that had previously faced resistance in the House.
In Massachusetts, the unique political landscape contributes to legislation delays, particularly due to the two-year terms of both senators and representatives, which may intensify urgency to advance ideas.
Rosenberg remarked that representatives, due to their smaller constituencies, are often more attuned to local issues, which influences their legislative priorities.
Moreover, Massachusetts is the only state where citizens can file legislation directly with the General Court, leading to a greater number of proposals that lawmakers must navigate.
Rosenberg emphasizes that while differences in priorities between the House and Senate are persistent, they are fluid and can shift with leadership and changing issues in society.
As the Massachusetts Legislature moves forward, the complexity of relationships and bipartisan negotiations will continue to shape its legislative outcomes.
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