Representatives voted Thursday to rework the state's license-to-carry firearms law and to limit police use of facial recognition technology, advancing a pair of substantial criminal justice measures in the home stretch of formal lawmaking sessions.
FRANKLIN WEEK AHEAD
Monday, July 25
7:00pm
7:00pm
Tuesday, July 26
Design Review Commission Meeting - Cancelled
7:00pm
Thursday, July 28
7:30pm
STATE HOUSE AND BEYOND
The last scheduled week of formal sessions is about to arrive with its standard blend of mysteries, surprises and intrigue. Under a rule that the Legislature has traditionally honored (Joint Rule 12A), formal sessions must cease for the 2021-2022 Legislature by Sunday, July 31, although how deep formals will run into next weekend is itself a mystery as well as which sleeper bills will suddenly be sprung from committees and placed on fast tracks. Here are 10 themes to watch as another historic week unfolds on Beacon Hill:
-- The Annual Budget: Gov. Charlie Baker has until Friday to act on the $52.7 billion budget (H 5050) that lawmakers sent to his desk on Monday, 17 days into the new fiscal year. The interim budget that's in place is supposed to carry state spending through July, and it's possible that Baker could act before Friday. House and Senate Democrats have left themselves only a few days to deal with budget vetoes and amendments. Last year, Baker vetoed only about $7 million and agreed to a significant spending increase fueled by strong tax collections. The bill on his desk seeks another huge spending increase, about $4.3 billion, and the question is whether the Republican governor who is leaving office at the end of this year will sign off on a second big annual surge in spending, or try to slash back Beacon Hill's spending appetite with a bigger pile of vetoes.
-- The Conference Committees: Eight different panels tasked with producing compromise versions of bills that already passed the House and Senate remain in play heading into the last full week of formal sessions. Accords could emerge at any moment or languish until shortly before the final gavel on July 31, and when they do, lawmakers will hustle to get the updated legislation through both branches and to Gov. Baker's desk. If conferees fail to reach agreements, the issues will be kicked into the 2023-24 session. Conference committees are in place to negotiate governance reforms at state-run soldiers' homes (led by Rep. Joseph Wagner and Sen. Michael Rush), legalized sports betting (chief conferees Rep. Jerald Parisella and Sen. Michael Rodrigues), cannabis industry regulatory changes (Rep. Daniel Donahue and Rodrigues), mental health access improvements (Rep. Adrian Madaro and Sen. Julian Cyr), open space preservation (Rep. Ruth Balser and Sen. Sal DiDomenico), military family licensure and veterans benefits (Rep. Paul McMurtry and Sen. John Velis), reproductive rights after the overturn of Roe v. Wade (Rep. Aaron Michlewitz and Sen. Cindy Friedman), and a roughly $10 billion infrastructure bond bill (Rep. William Straus and Sen. Brendan Crighton). The list is poised to grow with House- and Senate-approved economic development bills, which are the vehicle's for tax relief, varying in bottom lines ($4.3 billion in the House, $4.57 billion in the Senate) and policy riders (online lottery authorization in the House, local option happy hours permitted in the Senate). Lawmakers might also turn to a conference committee to finalize a judiciary IT bond bill, which representatives used as a vehicle for gun law reforms and facial recognition regulations, that will get a vote in the Senate next week.
-- The Calendar: With scores of major matters unresolved, the House and Senate clocked off Thursday and decided to stay out of session for three days, and then scheduled only light informal sessions for Monday. The scheduling shows that House and Senate Democrats either are not close to reaching any major deals or feel it doesn't really matter when they reach an agreement, as long as it's by the 31st. But formal sessions are likely a possibility throughout next week and through the weekend.
-- Executive-Legislative Relations: Their regular meetings have become a lot less frequent in recent months, but it's hard to really know how closely Democrat legislative leaders and Gov. Baker are communicating. While they have made a big deal out of their regular get-togethers, House and Senate Democrats and Baker can also communicate the same ways that we all do: by text and phone. However, with Baker running out his last term as a lame duck, there's a sense that Democrats are looking past him, and feeling that if they can't agree on bills this year they can just kick them into 2023, when they expect Democrat Maura Healey will be in the Corner Office.
-- Second Energy Bill This Session: The House and Senate didn't leave their second major climate and clean energy bill this session to chance. Democrats sent their accord (H 5060) to Baker on Thursday, ensuring that the governor will either sign it before formal sessions end or that they'll have a chance to act on any measures he returns. It's a switch from previous sessions when clean energy bills were pushed to the final days and minutes of formal sessions, most notably last session when Baker vetoed the climate roadmap bill, causing Democrats to restart that legislation and speed it to his desk at the start of this session.
-- Legislative Hardball: By leaving so many major priorities until the final few days of formal sessions, Democrats have chosen to run the risk that Gov. Baker might upend their plans with vetoes and amendments. With supermajorities in both branches, it's fair to ask why they manage the workload like this. One theory is that only a hard deadline will produce compromise. Another is that House and Senate Democrats perhaps like playing hardball with each other more than people realize. Underscoring their institutional rivalry, House and Senate Democrats are always quick to point out which of their priorities survive in conference, and to claim the compromises more closely resemble the original bills from one branch or the other. Another thought is that because they have supermajorities and because many Democrats have no fear of losing their seats, they can bargain without much regard for serious consequences and know they can pick up on any issue at the start of the next session. Another reason for the hardball could be their lack of fear of Baker. The Republican governor is certainly capable of throwing wrenches into their plans, but he for the most part during his tenure has agreed to the legislative agenda crafted by Democrats, and if he decides to make an especially noteworthy veto, he alone will carry that decision forward. And they know the governor may be loath to kill an entire measure such as reproductive rights, and take the blame, because he objects to a single section.
-- Desperation In The Air: Expect lots of emails requesting "urgent" action on legislative priorities. Legislative leaders have largely corralled their last-week-of-formals agenda, but every session there are bills that suddenly emerge in the final days and gain enough momentum to reach the governor. Conversely, the week ahead is really the end of the line for most bills, which will not emerge in the five-plus months of informal sessions from August through early January.
-- So Many Ways To Say 'No Deal': The pressure in the days ahead is on Democratic legislative leaders and the Democrats they have appointed to resolve bills in conference committee. Keep in mind: both branches have signed off on the thrust of each bill in conference, so the branches by definition are on record as wanting to enact new laws. It's just about reaching compromises. And without deals to announce, negotiators on Beacon Hill have a menu of non-enlightening ways to convey that they don't have deals. "We're working hard," one conferee may say. "We're exchanging proposals" is another stock line. "We're in constant communication," they'll say, aware that there's no way to verify that. Or they'll offer that "we're making progress," another claim that can't be proven or disproven. The conference committees Democrats are relying on to come up with deals have all chosen to meet only in private, and only a select few are privy to the details of their talks.
-- Guns and Facial Recognition: A pair of significant criminal justice reform proposals are on deck for consideration in the Senate. After the House attached amendments overhauling the state's firearms law and setting boundaries on police use of facial recognition to a judiciary IT bond bill (H 5046), it's time for senators to stamp their mark. Top Senate Democrats already signaled they want to "act expeditiously" to get a bill to Baker's desk responding to the U.S. Supreme Court's New York State Rifle & Pistol Association v. Bruen ruling and pursue more sweeping gun control measures next session, but their outlook on the facial recognition guardrails is less clear. Any differences in scope the Senate approves will need to get resolved, potentially in another conference committee, before the branches can send something to Baker.
-- All Eyes On Ways and Means: The House and Senate Ways and Means committees are graveyards every session for myriad bills, but both panels have traditionally spun out bills at an accelerated clip during the last days of formal sessions. The activity on both sides has already ramped up in recent weeks. And with a limited window for action, many of the bills that get out of Ways and Means in the coming days have a solid chance of moving deep into the approval process and even all the way to the Corner Office. Whether it's by design or not, another unfortunate byproduct of fast-moving bills out of Ways and Means is the lack of transparency about what's in the bills, which often advance without debate or explanation.
Sunday, July 24, 2022
GOUVEIA ON 4: Rep. Tami Gouveia, candidate for lieutenant governor, talks with Jon Keller about the new super PAC supporting Salem Mayor Kim Driscoll in the LG's race, as well as her positions on housing reform and education policy. (Sunday, 8:30 a.m., WBZ-TV Ch. 4)
MOULTON ON 5: Congressman Moulton is the guest on "On The Record" followed by a roundtable discussion with analysts Mary Anne Marsh and Rob Gray. (Sunday, 11 a.m., WCVB-TV Ch. 5)
Monday, July 25, 2022
BOARD OF ED: Board of Elementary and Secondary Education meets, with an agenda that includes proposed regulatory amendment dealing with notifications of bullying or retaliation. Other agenda items include establishment of new competency determination standard for Classes of 2026-2029, district and school accountability system for 2022, and an education budget update. (Monday, 9 a.m., 75 Pleasant St., Malden | Agenda | Livestream)
HOUSE AND SENATE: It's the final week (under Joint Rule 12A) that lawmakers can hold formal sessions, and the Legislature kicks off the week with a pair of informal sessions. The twin informals could hold clues, like reports from the Ways and Means committees, of any additional priorities being raised ahead of July 31. (Monday, 11 a.m., House and Senate chambers | House Livestream | Senate Livestream)
"EWEMASS" LOWELL: UMass Lowell groundskeepers struggle to maintain steep, grassy parts of their North Campus, so the school will turn to a more natural solution. More than 40 sheep supplied by Georgetown's Goats to Go will descend upon UMass Lowell from Monday through Friday -- "depending on their appetites," university officials stress -- and eat the grass that groundskeepers will struggle to mow. UMass Lowell grounds operations manager Kevin Block will be available for interviews. The sheep will focus on a steep incline on North Campus next to the VFW Parkway, and they did similar work in 2019. Press should contact UMass Lowell's media relations team for exact locations and times. (Monday)
Tuesday, July 26, 2022
LOTTERY COMMISSION: Mass. Lottery Commission meets virtually, with Treasurer Goldberg chairing the meeting. (Tuesday, 10:30 a.m., Phone number and conference ID and/or link only available by contacting the Lottery's Legal Department at (781 917 6057) or via email at gpolin@masslottery.com)
GAMING COMMISSION: Mass. Gaming Commission meets to get an update from a research and responsible gaming manager on an ad hoc sports wagering report, to consider a handful of regulatory amendments, and to consider using promotional funds for a summer handicapping series at Plainridge Park's horse racing track. (Tuesday, 2:30 p.m., Agenda and Access Info)
GAMING HEARING: Mass. Gaming Commission holds a public hearing to accept comments on the application form it has drafted for use in the case of any future potential applicants for a license to hold or conduct horse racing and associated activities at a new racetrack. The commission reviewed the draft application at a meeting in June. (Tuesday, 12:30 p.m., Agenda and Access Info)
Wednesday, July 27, 2022
GOVERNOR'S COUNCIL - JUVENILE COURT: Governor's Council holds public hearing on Juvenile Court judicial candidate Julie Lowre, who is currently an assistant clerk magistrate in Worcester Juvenile Court. (Wednesday, 9:30 a.m., Council Chamber | Livestream)
RTA COUNCIL MEETS: Regional Transit Authority Council meets virtually with plans to discuss workforce shortages, capital planning and other topics. (Wednesday, 10 a.m., Agenda and Access Info)
GOVERNOR'S COUNCIL - DISTRICT COURT: Governor's Council holds public interview with Mary Beth Ogulewicz, nominee to the District Court bench. Ogulewicz since 2021 has led the Elder and Persons with Disabilities Unit in the Northwestern District Attorney's Office, according to her resume. She previously was a mental health attorney with Morrison Mahoney, LLP from 2018-2019, and was a Hampden County prosecutor from 1991 to 2009. (Wednesday, 10:45 a.m., Council Chamber | Livestream)
JOINT SENATE CAUCUS: Senators of both parties will meet for a private hybrid caucus as the time left for them to make significant action runs down. Senators have been told to expect additional caucuses (and sessions) to be scheduled during the week and the final weekend of July. (Wednesday, 11 a.m., Senate Reading Room and remote)
GOVERNOR'S COUNCIL: Governor's Council meets and could vote on whether to confirm Christopher Henry, currently general counsel at the state Office of Consumer Affairs and Business Regulation, to a District Court judgeship. (Wednesday, 12 p.m., Council Chamber | Livestream)
GOVERNOR'S COUNCIL - DISTRICT COURT: Governor's Council holds public hearing on Gov. Baker's nomination of Nicole Colby Longton to a District Court circuit judgeship. Longton since 2009 has owned Longton Law Office, where she focuses on criminal defense, personal injury and business litigation. (Wednesday, 1 p.m., Council Chamber | Livestream)
Thursday, July 28, 2022
RECESSION REPORTING: U.S. Commerce Department's Bureau of Economic Analysis is scheduled to release its advance estimate of 2022 second quarter gross domestic product. If the BEA recorded an economic contraction in April, May and June, it would be the second consecutive quarter with negative growth -- generally viewed as the first confirmation that the national economy has entered a recession. The BEA's latest revision to its first quarter GDP estimate showed a 1.6 percent decrease. The bureau cautioned that it does not use the "consecutive quarters of negative growth" definition for a recession and instead relies on a committee of experts at the National Bureau of Economic Research, which is based in Cambridge, to make the official determination. "The NBER recession is a monthly concept that takes account of a number of monthly indicators -- such as employment, personal income, and industrial production -- as well as quarterly GDP growth. Therefore, while negative GDP growth and recessions closely track each other, the consideration by the NBER of the monthly indicators, especially employment, means that the identification of a recession with two consecutive quarters of negative GDP growth does not always hold," the BEA said. The last recession the NBER identified came between February and April 2020 -- "the shortest US recession on record" -- and an indication that six months of GDP data is not required to declare a recession. (Thursday, 8:30 a.m.)
STATE RETIREMENT BOARD: Massachusetts State Retirement Board meets virtually, with Treasurer Goldberg chairing the meeting. (Thursday, 10 a.m., Access information only available by emailing MSRBCommunications@tre.state.ma.us.)
JOINT SENATE CAUCUS: Democratic and Republican senators plan to meet for their second joint caucus in as many days, presumably to get on the same page for the final days of formal sessions this year. (Thursday, 11 a.m., Senate Reading Room and remote)
SENATE DEMOCRATS CAUCUS: Senate Democrats meet for a private caucus after a similar session with their three Republican colleagues. (Thursday, 11:30 a.m., Senate Reading Room and remote)
Friday, July 29, 2022
No public events scheduled.