Medway's State Senator Goes "On The Record"

Senate President Karen Spilka, Medway's Senator on Beacon Hill,  expressed an openness to tolls on more Massachusetts roads, deflected when asked about removing the Legislature's exemption from the public records law, and knocked the Legislature's own biennial deadline to finish most major work as "totally arbitrary" and "artificial."

During a Sunday appearance on WCVB's "On The Record," Spilka also suggested that private equity interests in health care may be the topic of another bill, beyond the one on Gov. Maura Healey's desk.

Legislation shipped to Healey on Monday includes a series of new checks on private equity interests in health care, measures that supporters hope will create guardrails to protect patients.

The new requirements are the most direct legislative response to Steward Health Care's bankruptcy, which led to two hospitals closing and pricey public aid packages to the new owners of other former Steward hospitals.

"Is it the be-all and end-all?" Spilka asked. "No, and we are still learning more and more about Steward and private equity. The whole country, almost every state, is struggling with this. Massachusetts is at the forefront by passing this bill."

Health and Human Services Secretary Kate Walsh and others have noted how private equity can bring needed capital and investment into health care, where many major players are organized as non-profits.

"You know, we've learned that in many instances, small private practices do have some private equity investment and they help," Spilka said. "But we need guardrails. They shouldn't be making the decisions as to who gets care, how, when, what, et cetera. And they certainly shouldn't be taking over the medical decisions. So I think that as long as there's guardrails, and we have some of that in this bill, we probably will need to continue looking at this and do another bill."

Co-host Ben Simmoneau asked Spilka if she was worried about securing federal funds for public works projects and to replace both Cape Cod bridges. The Senate president said she was. He later asked if she would support tolls on the bridges as a revenue source for the replacement effort.

"I've been open to tolls ever since the tolls were put on the Mass. Turnpike, because I still say if it's good for the pike, it should be good for other roads," Spilka, who represents a MetroWest district where some commuters pay tolls every day to use the turnpike, said. "We need to come up with ways to pay for improving our infrastructure, both roads, bridges, public transportation."

Massachusetts has a new income surtax on wealthier households that is generating more than $2 billion a year for education and transportation, and a task force convened by Healey is poised to offer more revenue ideas.

The Legislature passed major laws in 2024, but left most of the final work until just before and after the elections -- after the formal legislating period ended under joint legislative rules on July 31.

In doing so, top Democrats raised more questions about their ability to meet deadlines and agree on bills.

As Spilka talked about ways the Senate will try to make Beacon Hill more transparent and tout its work, Simmoneau asked if she's willing to make the Legislature subject to the public records law.

"We will probably take a look at that," said Spilka.

She quickly pivoted to "other things that I think are important to do," mentioning joint rules changes to make more committee votes public and testimony on bills publicly available. Spilka also wants to give the branches more time to work on bills by forcing joint committees to move bills out earlier in the two-year session.

Spilka will host a private caucus of Senate Democrats in her office Wednesday -- a Spilka aide declined to disclose the topic of the early-session gathering.

House and Senate Democrats have failed to compromise on joint rules changes for two straight sessions, and during that stretch have pushed more major decisions and work into informal sessions.

Spilka said the major laws approved during the quiet informal sessions are "chock-packed with terrific stuff."

"We are right now trying to figure out how we can do better as a Senate to get the word out," she said. "We don't always have the soap box, but we can use the digital media better. We're looking at a board in front of the Senate Chamber so that we can publicize what's going on."

Spilka was asked about "doing away" with the legislative rule aimed at preventing formal sessions for action on major bills during election seasons. The 1995 rule calls for formal sessions to end July 31 during election years, and any change to it requires agreement from both branches.

"Have you talked to the speaker about that? Are you both in alignment on that?" Simmoneau asked.

"I think there is an agreement," Spilka said. "I feel that we should continue with conference committee bills, not other major bills, past July 31. Because as I mentioned, the conference committee bills have already been discussed, vetted and debated and voted on, on both the House version and the Senate version."

Spilka called the July 31 deadline in the rules "a totally arbitrary, artificial deadline."

Spilka also wasn't ready to commit to Auditor Diana DiZoglio's longstanding push to audit the Legislature, saying the November voter law making her audit powers explicit wasn't officially in effect until Friday.

"It wasn't effective," Spilka said. "So you know, if we get something from the auditor, we will certainly take a look at it and respond to it, and we will make our response public."

Co-host Ed Harding then suggested it sounds like Spilka may be looking to delay an audit.

"I don't have anything to delay right now because it literally just became effective," she responded. "We have heard the residents. I'm planning on a listening tour -- for the Senate to do a listening tour around the state -- that's new, to hear from constituents."

Harding asked if Spilka had not already heard from constituents with the overwhelming vote for Question 1.

"We've heard to some extent," she said. "I believe that we can be more transparent. I do have some concerns that I've voiced before about the constitutional issues of separation of powers. It's not just me or the speaker that have voiced that. The attorney general herself has said that there may be some major constitutional issues that have to be addressed. And in fact, when there was a hearing on this issue, the auditor's own constitutional experts mentioned that there probably were constitutional issues that needed to be addressed. So I don't mind the transparency. What I do mind is not fulfilling my oath of following the Constitution. This past Wednesday, all of the legislators took an oath to uphold our Constitution."

While President-elect Donald Trump has laid out a menu of campaign promises, Spilka said "it's hard to know" what will happen when Trump takes office again Jan. 20.

"I could guess," she said. "I could ... make up hypotheticals, but you just never know with him."

She added that she hopes Trump and Congress are able to "get better controls over immigration."

"This is a federal issue and in fact, had Congress passed the bill that was close to being passed just before the election that Trump stopped, we would be in a much better situation right now," Spilka said. "We would have less immigrants coming to Massachusetts. We would have more money -- that included some funding -- we would have resources and money to help pay for the costs of this. So we need them to take action. This should not be on the states. It's not just the blue states and Massachusetts that are struggling with it."