12-09-2023 8:38pm

Beacon Hill Roll Call

Alan Earls Editor

If you have any questions about this week's report, e-mail us at bob@beaconhillrollcall.com or call us at (617) 720-1562.

Volume 48 - Report No. 49

December 4-8, 2023

By Bob Katzen

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THE HOUSE AND SENATE: There were no roll call votes in the House or Senate last week. This week, Beacon Hill Roll Call reports local senators’ roll call attendance records for the 2023 session through December 8.

The Senate has held 99 roll calls so far in the 2023 session. Beacon Hill Roll Call tabulates the number of roll calls on which each senator voted and then calculates that number as a percentage of the total roll call votes held. That percentage is the number referred to as the roll call attendance record.

Thirty-one (77.5 percent) of the current 40 senators did not miss any roll calls and have 100 percent roll call attendance records.

It is a Senate tradition that the Senate president only votes occasionally. Current Senate President Karen Spilka follows that tradition and only voted on 19 (19.1 percent) of the 99 roll calls while not voting on 80 (80.9 percent) of them.

Eight (20 percent) of the 40 senators, other than Spilka, missed one or more roll calls. Sen. Liz Miranda (D-Boston) has the worst record. She missed nine roll calls for a roll call attendance record of 90.9 percent.

Sen. Mike Barrett (D-Lexington) missed two roll calls for a roll call attendance record of 97.9 percent. Newly elected Sen. Peter Durant (R-Spencer), a former state representative, also missed two roll calls, His attendance record is 97.1 percent -- based on the 70 roll calls the House has held. The Senate has not held any roll calls since Durant was sworn in.

The following senators each missed one roll call resulting in a 98.9 percent roll call attendance record: Sens. Adam Gomez (D-Springfield), John Keenan (D-Quincy); Patrick O'Connor (R-Weymouth); Mike Rush (D-West Roxbury); and John Velis (D-Westfield).

Beacon Hill Roll Call contacted the eight senators at least three times asking why they missed some roll calls. Only three of the eight responded.

---Sen. Miranda’s chief of staff Kevin Higgins responded: “The roll calls [missed by] Sen. Miranda were all in a formal session on February 9th, pertaining to Senate rules, where remote participation had not yet been adopted. Sen. Miranda was not able to participate as she was home sick with COVID-19. We are grateful that the Senate adopted remote participation rules this session, following guidance that is aligned with public health recommendations.”

---Sen. O’Connor’s legislative director Thomas Skehill responded: “Sen. O’Connor missed … roll call #37 … due to a medical appointment.”

--- Sen. Gomez responded: "I am going through recovery from kidney transplant surgery. On May 4, 2023, I received my transplant. While during this 6-month period there could’ve been a moment that I was predisposed within my recovery process. Could’ve been slow trying to getting my vote in on time as well. Mobility was tough during the first couple months. Especially if it was a late vote during our marathon in closing out from summer session."

---Sens. Keenan, Rush, Velis, Durant and Barrett did not respond to repeated requests by Beacon Hill Roll Call asking them for a statement.

SENATORS’ 2023 ROLL CALL ATTENDANCE RECORDS THROUGH DECEMBER 8, 2023

The percentage listed next to the senator’s name is the percentage of roll call votes on which the senator voted. The number in parentheses represents the number of roll calls that he or she missed.

Sen. Rebecca Rausch 100 percent (0) Sen. Karen Spilka President rarely votes

ALSO UP ON BEACON HILL

DON’T MISS THIS EVENT ON THE FUTURE OF OFFSHORE WIND - Offshore wind in Massachusetts is about to achieve a significant milestone while facing an uncertain future. With the cornerstone of Massachusetts’ clean energy goals at stake, can the state surmount challenging economic conditions to expand wind power?

Join MASSterList and the State House News Service for an in-person event at the Massachusetts Continuing Legal Education (MCLE) in Downtown Crossing, Boston on Dec 14 from 7:30 a.m. to 10 a.m. Speakers include leading offshore wind executives and environmental leaders, with opening remarks from Energy and Environmental Affairs Secretary Rebecca Tepper. More info and tickets: https://massterlist.com/headwinds-for-offshore-wind/

$3.1 BILLION SUPPLEMENTAL BUDGET (H 4204) - The House and Senate approved and Gov. Maura Healey signed into law a $3.1 billion supplemental budget to close out fiscal year 2023. A key and controversial provision provides for $250 million for sheltering eligible families during the emergency shelter crisis created by the recent influx of thousands of migrants.

Other provisions include $2.1 billion for MassHealth to cover end of year deficiencies; $75 million for school districts impacted by special education tuition rate increases; $15 million for disaster relief for municipalities impacted by storms and naturals disasters that occurred in 2023; $378 million to fund collective bargaining agreements; and $500,000 for the Commission on Lesbian, Gay, Bisexual, Transgender, Queer and Questioning Youth.

The House and Senate approved the package in informal sessions during which, under House and Senate rules, roll call votes are not allowed. The Senate agreed to a GOP proposal to hold a formal session but the House did not agree and a formal session was not held.

The budget was approved on a 105-14 standing vote in the House and by a 20-3 standing vote in the Senate. During a standing vote, members who support a bill are asked to stand up and be counted. Following that, members who oppose the bill are asked to stand up and be counted. Senators do not cast an individual vote so there is no recorded roll call vote on the bill.

"I'm proud to sign this supplemental budget that dedicates critical funding for hard-earned raises for workers, supports municipalities with covering the costs of special education and flood relief, sustains our Emergency Assistance program and more,” said Gov. Healey.

“The Senate understands how much of an impact our work has on the residents of the commonwealth—especially when pay raises for hard-working employees and funding for emergency shelter is on the line,” said Senate President Karen Spilka (D-Ashland).

“The House Republican Caucus understands the importance of passing a final deficiency appropriations bill to address the unfunded union contract situation, provide disaster relief funding for cities and town and meet the fiduciary responsibilities associated with closing the books on fiscal year 2023,” said GOP House Minority Leader Rep. Brad Jones (R-North Reading). “At the same time, we remain deeply concerned about the lack of meaningful reforms contained in the bill to address the emergency shelter crisis created by the recent influx of thousands of migrants, which remains an untenable situation that must be resolved.”

“Democratic leadership put us in an impossible situation by intentionally weaving these separate issues together,” continued Jones. “There is no legitimate reason that funding for union contracts and aid for cities and towns needed to be tied to controversial immigration policy. It was done by design.”

“The Senate again acted swiftly and decisively to close the books and pass the closeout supplemental budget for fiscal year 2023,” said Senate Ways and Means chair Sen. Mike Rodrigues (D-Westport). “With $250 million in emergency funding, we met the challenge of an unprecedented humanitarian crisis head-on. We also allocated $378 million to fully fund over 90 collective bargaining agreements for state workers, absolved a $100 million pension liability from the 2015 Early Retirement Incentive Program and dedicated substantial funding to special education and disaster relief for municipalities across the commomwealth."

“Massachusetts taxpayers deserved a [rollcall] vote and transparency on this controversial spending bill,” said Paul Craney, a spokesman for the Massachusetts Fiscal Alliance. “Statehouse leadership routinely use procedural loopholes to pass controversial items outside of good legislative practices. “It’s refreshing to see some lawmakers try to change that. Let’s hope this sets a precedent for good government practices over backroom deals.”

FINES FOR NOISE VIOLATIONS (H 2026) – The Municipalities and Regional Government Committee held a hearing on legislation that would allow cities and towns to make a property owner responsible for the cost of excessive noise complaint calls made to the police about noise at the owner’s address. Under the bill, the property owner would be required to reimburse the city or town for each police call that exceeds more than ten in a calendar year.

“When our police departments respond to a disturbance, it represents a cost to the municipality and the taxpayers,” said sponsor Rep. Bruce Ayers (D-Quincy). “This bill creates a method by which cities and towns can recoup that cost when it comes to frequent offenders of issues such as disturbing the peace, excessive noise or suspicious activity. After ten police calls regarding complaints for a specific address or location within one calendar year, this bill permits local municipalities to impart the costs associated with these calls and subsequent actions taken on the property owner. This creates a further incentive to curb the behavior while also easing the burden on the police department, municipality and the taxpayers.”

EQUIP ALL FIRST RESPONDER AND PUBLIC SAFETY VEHICLES WITH AUTOMATED EXTERNAL DEFIBRILLATORS (S 1517) – The Public Safety and Homeland Security Committee held a hearing on a bill that would create the Automatic External Defibrillator Trust Fund which would provide grants to municipalities, public colleges and universities to purchase Automated external defibrillators (AEDs). The fund would be financed by a new 50-cent tax on the rental of cars and other vehicles in the Bay State.

“Passage of this legislation is critical to enhancing public safety. AEDs are life-saving devices which can be incredibly instrumental for individuals who undergo sudden cardiac arrest,” said sponsor Sen. Ryan Fattman (R-Sutton). “Setting aside dedicated funding to ensure all the commonwealth’s public safety vehicles are equipped with this device is paramount, especially in communities and locations where AEDs are not readily available and accessible.”

REQUIRE SEAT BELTS ON SCHOOL BUSSES (S 1504) – Another proposal heard by the Public Safety and Homeland Security Committee would require that, effective July 1, 2026, every school bus transporting students to or from a public, vocational, private or parochial school be equipped with a seatbelt for each permanent seating accommodation. The bill permits a municipality to enact an earlier implementation date. It also prohibits lawsuits against cities and towns based on the failure of a school bus operator, school or municipality to ensure a passenger was wearing the restraint.

“Ensuring the safety and wellbeing of children throughout the commonwealth is one of my top priorities,” said sponsor Sen. Sal DiDomenico (D-Everett). “This commonsense proposal will protect countless kids on their way to and from school each day without placing any significant financial burdens on our school districts.”

BAN DISCRIMINATION BASED ON HEIGHT AND WEIGHT (H 1705) – A bill that would prohibit discrimination on the basis of a person’s height or weight, unless for the purpose of compliance with any established state, federal or industry safety standard, was heard by the Judiciary Committee.

“This bill takes an important step towards rectifying biases about a person’s height and weight factors often beyond their control,” said sponsor Rep. Tram Nguyen (D-Andover). “Body size discrimination affects all aspects of an individual’s life, from the workplace, to healthcare, to their education. By safeguarding individuals from discrimination based on their looks we not only promote equal opportunities but also foster a healthier and more equitable community." .

INVESTIGATE WHY WOMEN PAY MORE FOR THE SAME PRODUCTS BOUGHT BY MEN (H 1639) – Another bill heard by the Judiciary Committee would establish a working group on gender equity to investigate the price differentiations between products marketed to males versus those marketed to females.

Supporters said this so-called “pink tax” refers to a markup on goods and services marketed to women in which men pay less for similar or even identical products and services. They said price discrimination, especially when based on gender, is unjust and should not be tolerated. Everyday transactions, including purchases for jeans, haircuts, children’s toys and hundreds of other products, are marked up for women.

“The price of similar goods and services offered to men and women suffers from an embedded disparity along gendered lines,” said sponsor Rep. Jay Livingston (D-Boston). "I have proposed this legislation to start a commission that will examine potential solutions that will address this pricing discrimination issue.”

APPLY CAMPAIGN FINANCE LAWS TO TOWN MEETING ARTICLES (H 4173) – A bill before the Election Laws Committee would apply the state’s campaign finance election laws to political entities or expenditures made to influence the outcome of articles that appear on Town Meeting warrants.

“Local policy decisions should be made by town residents, but a loophole in campaign finance law allows for unfettered spending by outside groups to sway town decisions,” said co-sponsor Rep. Dylan Fernandes (D-Falmouth). “Our bill closes the loophole and stems the flow of dark money that too often drowns out the voice of locals. It’s time to give power back to the people.”

“Political spending on issues before Town Meetings should be required to follow the same rules of the road as candidates, ballot questions and other political campaigns,” said co-sponsor Sen. Julian Cyr (D-Truro). “It’s bewildering and distressing that people with deep pockets and financial interests think they can buy their way into our local governance. We’re done with monied interests trying to sway town politics on the Cape and Islands. Voters deserve to know who is behind campaigns seeking to influence local policies that will impact those of us who live here year-round. Our robust laws on political spending have served the commonwealth’s representative democracy well for a half century — those should apply to lobbying at Town Meeting.”

QUOTABLE QUOTES

"Well, I'm proud of the things that we were able to get done this year. You know, as I look back, and it's a time of reflection to a certain extent, as I look back on the year, I mean, the budget that we passed that I signed, [had] really, really important investments, education, workforce, climate initiatives, housing. Tax cuts for the first time in over 20 years.”

---Gov. Maura Healey reflecting on her first year in office.

“The Digital Equity Partnerships Program supports organizations across Massachusetts that help residents build their digital skills and get online so they can participate fully in our state economy, access modern health services, get connected to loved ones and so much more. We are excited to announce today’s grants through the Massachusetts Broadband Institute, which will help make technology more accessible for everyone across the state."

--- Massachusetts Secretary of Economic Development Yvonne Hao announcing $20 million in new grants through the state’s Digital Equity Partnerships Program, which supports high-impact and scalable initiatives that reach residents most affected by the digital divide.

“These benefits help all Massachusetts residents, whether they are taking leave for themselves, a loved one or to welcome a new member of their family. Eliminating language barriers for these benefits can be lifesaving for people, and I applaud the Paid Family and Medical Leave team for their commitment to accessibility.”

---Lt. Gov. Kim Driscoll on the Healey administration launching accessibility and equitability enhancements to the Massachusetts Paid Family and Medical Leave including allowing applicants for benefits to now select Spanish, Portuguese, Haitian, Creole or Chinese, in addition to English, when applying for benefits.

“When people walk into the governor’s office, I want them to feel seen, represented and empowered. An important way to do this is by hanging artwork that is representative of the diverse Massachusetts experience.”

--Gov. Maura Healey announcing that she has selected two paintings by artists of color to hang in the governor’s executive office suite.

“The Massachusetts Department of Correction recognizes the importance of incarcerated individuals maintaining bonds with their loved ones. No cost calls will alleviate the financial burden and remove barriers for an individual in … custody to stay connected with their outside support system. Strong family support helps to advance the rehabilitative process, reduces recidivism and contributes to successful reentry upon release.”

---Department of Corrections Commissioner Carol Mici announcing the implementation of no cost phone calls in its 14 correctional facilities to provide equitable access to sustained communication between incarcerated individuals and their loved ones.

HOW LONG WAS LAST WEEK’S SESSION? Beacon Hill Roll Call tracks the length of time that the House and Senate were in session each week. Many legislators say that legislative sessions are only one aspect of the Legislature’s job and that a lot of important work is done outside of the House and Senate chambers. They note that their jobs also involve committee work, research, constituent work and other matters that are important to their districts. Critics say that the Legislature does not meet regularly or long enough to debate and vote in public view on the thousands of pieces of legislation that have been filed. They note that the infrequency and brief length of sessions are misguided and lead to irresponsible late-night sessions and a mad rush to act on dozens of bills in the days immediately preceding the end of an annual session.

During the week of December 4-8, the House met for a total of seven hours and 11 minutes and the Senate met for a total of five hours and 37 minutes.

Mon. Dec. 4 House 10:01 a.m. to 4:35 p.m.

Senate 11:06 a.m. to 4:36 p.m.

Tues. Dec. 5 No House session

No Senate session

Wed. Dec. 6 No House session

No Senate session

Thurs. Dec. 7 House 11:08 a.m. to 11:45 a.m.

Senate 11:37 a.m. to 11:44 a.m.

Fri. Dec. 8 No House session

No Senate session

Bob Katzen welcomes feedback at bob@beaconhillrollcall.com