3-23-2024 10:21pm

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 49 - Report No. 12

March 18-22, 2024

By Bob Katzen

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THE HOUSE AND SENATE: Beacon Hill Roll Call records local senators' votes on roll calls from the week of March 18-22. There were no roll calls in the House last week.

REVENGE PORN AND TEEN SEXTING (S 2703)

Senate 40-0, approved a proposal that would prohibit the posting of sexually explicit images of another person online without their permission— commonly referred to as “revenge porn.” The practice is often used by ex-spouses or ex-partners.

Massachusetts is one of only two states that does not have a law about this crime. The measure makes it illegal to break this new law and establishes a sentence of up to 2.5 years in prison and/or a fine of up to $10,000; increases the upper limit of the fine for criminal harassment from $1,000 to $5,000; and allows a victim to petition the court for a harassment prevention order against a person who has violated this statute.

Another provision changes current law under which minors, under 18 years of age, who share explicit images of themselves or other minors, can be charged with violating Massachusetts child pornography laws and are required to register with the Sex Offender Registry. The bill allows minors to be diverted to an educational program that would provide them with information about the consequences of posting or transmitting indecent visual depictions of minors.

“With passage of this bill today we take another step towards closing a loophole in our laws that has caused pain, anguish, embarrassment and a sense of helplessness to those survivors who for so long suffered in silence, without justice,” said chief sponsor Sen. John Keenan (D-Quincy). “I am deeply grateful to those who shared their stories and advocated for change to ensure others would not have to suffer as they have. For every case we know of, countless others remain hidden, so I hope passage of this legislation by the Senate will soon lead to the bill being signed into law by the governor. Most importantly, I hope it will provide some closure for survivors and their loved ones and send a clear message that there will be consequences for such conduct.”

“I am proud that the Senate has passed comprehensive legislation to prevent abuse and exploitation,” said Sen. Jamie Eldridge (D-Marlborough), Senate Chair of the Judiciary Committee. “The rise of new technology has created a reality in our society where it is easy to cause great harm and significant trauma to people, and Massachusetts needs to take action to better protect victims and prevent such disturbing actions from happening. We also need to provide more tools to protect people in a relationship from being psychologically abused through coercive control, with a growing recognition of the many ways that a partner or family member can cause emotional harm.”

The House has already approved a different version of the bill and a House-Senate conference committee will likely work out a compromise version.

(A “Yes” vote is for the bill.)

Sen. Rebecca Rausch Yes Sen. Karen Spilka Yes

SUPPLEMENTAL BUDGET INCLUDING $250 MILLION FUNDING FOR SHELTERS (S 2708)

Senate 32-8, approved a supplemental budget that includes an additional $250 million in funding for the Emergency Assistance Program that funds the emergency family shelter system which houses migrants.

The bill requires each family in shelter to receive an individualized rehousing plan. It makes eligibility for shelter after nine months contingent upon compliance with the rehousing plan, with certain categorical exemptions. It would also allow officials to award one or more 90-day extensions to shelter residents who meet certain criteria, such as veterans, the disabled, a single parents of children with disabilities or those who need an extension to avoid losing a job.

Other provisions keep in place some pandemic-era programs, set to expire, including allowing restaurants to sell beer, wine and cocktails for take-out and expanding outdoor dining.

“The plan passed by the Senate today addresses the state’s fiscal reality while also treating individuals who have migrated to our state with dignity and respect,” said Senate President Karen Spilka (D-Ashland). “As we continue to navigate through a challenge that has landed on our doorstep because of Congressional inaction, today we are addressing the immediate need to house families, bolstering our existing efforts to support those who have immigrated here in becoming part of our workforce, and providing a roadmap to manage this effort over time.”

“The Senate recognized the necessity of continuing to proactively respond swiftly and decisively to meet this unprecedented humanitarian emergency shelter crisis head-on, by not only providing the requisite funds to address this crisis, but also provide a long-term framework to transition these families out of temporary shelters and into permanent housing,” said Sen. Mike Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means. “With $250 million in emergency funding for fiscal year 2024, we can weather this challenge as we develop solutions for rehousing families, provide workforce opportunities and integrate these children into our public school system.

“I voted No on the supplemental budget because the "Right to Shelter" law is costing the commonwealth $3 million a day to house, feed, protect and educate or provide childcare services to individuals and families who are not our residents,” said Sen. Ryan Fattman (R-Sutton).

"Our emergency shelter program was never meant to handle the number of individuals it is housing today and the federal government, who has the sole authority to handle this immigration crisis and provide financial relief to states, is nowhere to be found,” said Sen. John Velis (D-Westfield) who also voted against the measure. “As the demand for the program continues at this unsustainable rate, we simply cannot continue to fund this ourselves without jeopardizing countless critical programs that we hold dear."

Sen. Bruce Tarr, the chief opponent of the bill, did not respond to repeated requests by Beacon Hill Roll Call asking him to explain why he voted against it.

(A “Yes” vote is for the budget. A “No” vote is against it.)

Sen. Rebecca Rausch Yes Sen. Karen Spilka Yes

RESETTLEMENT AGENCIES MUST CONSULT WITH STATE (S 2708)

Senate 8-31, rejected an amendment that would require resettlement agencies to consult on a monthly basis with the Governor’s Executive Office of Housing and Livable Communities to ascertain the projected availability of space in the state’s shelter system. It also prohibits resettlement agencies from undertaking resettlement activity when it is foreseeable that the shelter system will exceed capacity.

“By directing resettlement agencies to work more closely with the Healey Administration, [the amendment] would have helped the commonwealth better forecast its shelter capacity and ensure that we always have space for those who need it most,” said Sen. Mike Moore (D-Millbury) who voted in favor of the amendment. “I believe this would’ve been key to ensuring that our emergency shelter system is not overrun and that we can keep costs from spiraling out of control.”

Amendment opponents said the amendment is unnecessary and argued the resettlement agencies do a great job and should not be handcuffed and tied up with the bureaucracy.

Sen. Bruce Tarr (R-Gloucester), the sponsor of the amendment and Sen. Cindy Friedman (D-Arlington) who opposed the amendment did not respond to repeated requests by Beacon Hill Roll Call asking them to explain why they voted the way they did.

(A “Yes” vote is for the amendment. A “No” vote is against it.)

Sen. Rebecca Rausch No Sen. Karen Spilka President rarely votes

TAKE INTO ACCOUNT LENGTH OF RESIDENCY IN BAY STATE (S 2708)

Senate 12-27, rejected an amendment that would require the state take into account an individual’s length of residency in Massachusetts when determining priority in securing emergency shelter.

“While this amendment is not a residency requirement, it would’ve made sure those who have demonstrated a longer commitment to the commonwealth are prioritized for extended stays in the commonwealth’s emergency shelter system,” said Sen. Mike Moore (D-Millbury) who voted for the amendment. “To be clear, there are important exceptions to this rule – those who are at imminent risk of harm due to domestic violence and those who are making progress toward work authorization will not be skipped over. This strikes me as a reasonable compromise to ensure our emergency shelter system is available to Bay Staters who need it first, while preserving the spirit of the law that maintains Massachusetts as a place that is welcoming to all.”

Amendment opponents said this would essentially create an unfair residency requirement that would have Bay State residents competing with each other for slots. They noted there are already reasonable provisions in the bill which prioritize pregnant women, victims of domestic abuse, work status and veterans’ status.

Sen. Bruce Tarr (R-Gloucester), the sponsor of the amendment and Sen. Mike Rodrigues (D-Westport) who proposed the amendment did not respond to repeated requests by Beacon Hill Roll Call asking them to explain why they voted the way they did.

(A “Yes” vote is for the amendment giving preference to length of residency. A “No” vote is against the amendment.)

Sen. Rebecca Rausch No Sen. Karen Spilka President rarely votes

CONDUCT SAFETY REVIEW (S 2708)

Senate 39-0, approved an amendment that would require the Executive Office of Housing and Livable Communities, in conjunction with the Executive Office of Public Safety and Security, to conduct a safety review of current safety practices and implement recommendations to reduce the risk to human life and safety.

“It is essential that state run emergency shelters and overflow sites maintain the highest standards of safety to protect the families in our care,” said amendment sponsor Sen. Michael Moore (D-Millbury). "I’m pleased the Senate unanimously adopted this amendment to require a clear and effective safety plan at these sites.”

(A “Yes” vote is for the amendment.)

Sen. Rebecca Rausch Yes Sen. Karen Spilka President rarely votes

ALSO UP ON BEACON HILL

ELECTRIC VEHICLE (EV) CHARGING STATIONS IN CONDO PARKING SPACES (H 1303) – The House gave initial approval to a bill that would prevent condominium associations, neighborhood conservation districts and historic district commissions, from prohibiting or unreasonably restricting owners from installing EV charging equipment in or near an owner’s parking space.

Restrictions that significantly increase the cost of the equipment, decrease its efficiency or effectively prohibit its installation would not be permitted. The bill would also require owners to pay the costs of installing and maintaining the charging equipment and for the costs of the electricity consumed during charging.

“As the commonwealth moves away from gas powered vehicles, we are going to need increased access to electric vehicle charging stations,” said co-sponsor Rep. Michelle Ciccolo (D-Lexington). “With 40 percent of emissions coming out of our transportation systems, it is essential that we make operating an electric vehicle as seamless as owning a gas vehicle. For that reason, we can't have local siting boards prioritize aesthetics over access to charging."

COVID-19 REMEMBRANCE DAY (H 2987) – The House gave initial approval to legislation that would designate March 10th as COVID-19 Remembrance Day to honor all the people, especially older adults and people with disabilities, who died or were stricken with COVID-19. The measure also expresses appreciation of first responders, caregivers and researchers who cared for victims or developed treatments or vaccines in response to the virus. The measure would not take effect until March of 2025 since March 10th of this year has already passed.

“I am very pleased to see action taken toward establishing COVID-19 Remembrance Day which would honor those who have been lost to or affected by COVID,” said co-sponsor Sen. Pat Jehlen (D-Somerville). “It also acknowledges the essential workers who helped us get through the hardest times and contributed to our commonwealth’s recovery.”

“At the time of the pandemic, I was the House Chair of the Joint Committee on Elder Affairs, and had an upfront seat, in a sense, to the tragedy that was unfolding especially in our nursing homes, and to aging adults, generally,” said co-sponsor Rep. Ruth Balser (D-Newton). “ I feel it is important to remember those we lost and to honor those who helped keep us safe.”

REQUIRE BANKS AND OTHER MORTGAGE LENDERS TO PROVIDE ADDITIONAL INFORMATION (H 933) – The House gave initial approval to a proposal that would require banks and other mortgage lenders to provide additional information on a monthly basis to their borrowers including the balance of principal remaining; a confirmation of the most recent payment received; the balance of any escrow accounts; and a description of any payments from those escrow accounts.

“The intent of this legislation is to provide mortgage customers with the tools they need to ensure knowledge of their financial situation,” said sponsor Rep. Bruce Ayers (D-Quincy). “This bill is an easy measure that we can take to help residents achieve greater financial stability and awareness.”

MUST BE 21 TO ATTEND CANNABIS EVENT (H 112) – The House gave initial approval to legislation that would prohibit anyone under age 21 from attending any marijuana-related event, forum, convention or conference to promote or encourage marijuana use or to educate users or prospective users on marijuana use. The measure exempts prevention programs for youth, youth educational programs or substance abuse programs related to marijuana use. Any event organizer who violates this law would be fined $2,000 but the fine would not be imposed if the organizer reasonably relied on IDs that turned out to be phony.

“This [existing] loophole contradicts laws that prohibit cannabis consumption for people younger than 21,” said sponsor Rep. Hannah Kane (R-Shrewsbury). “Closing this loophole will provide clarity and prevent youths from attending cannabis-related events,"

CHANGE LANGUAGE IN LAW THAT CREATED COUNCILS ON AGING (H 624) – The House gave initial approval to legislation that would change some language in the 50-year-old law that created Councils on Aging in local cities and towns. Changes include deleting language that refers to “problems of the aging” and replacing it with “the needs of older adults;” deleting language that calls workers “clerks” and replacing it with language that calls workers “staff;” and adding “and delivering services” to the language in the bill which gives the council the authority to “carry out programs.”

Supporters said the bill modernizes the language in a 50-year-old law that created Councils on Aging at a time when there were very few senior centers. They noted that the number of Councils on Aging and senior centers has grown to 350 and said the bill updates the statute to reflect the modern functioning of these critical centers.

Sponsor Rep. Kate Donaghue (D-Westborough) said she is thrilled that the bill received initial approval. “I filed this bill because senior centers are integral parts of each community, serving as a resource for every older adult and providing comprehensive programming and services to support the needs of the growing number of older adults across the commonwealth,” said Donaghue.

FREE MENSTRUAL PRODUCTS (H 563) – The House gave initial approval to a proposal that would require all public schools, with grades 6-12 students, to maintain free menstrual products, including sanitary napkins and tampons in restrooms and to make them available in a “convenient manner that does not stigmatize any persons seeking the products.”

“Requiring schools to provide free menstrual products will not only reduce distractions throughout the day but will also reduce embarrassment by guaranteeing that essential health items are readily available when needed,” said sponsor Rep. Jeff Roy (D-Franklin). “Such access ensures that students can attend classes and participate in extracurricular activities without interruption. Toilet paper and paper towels are available free of charge at high schools and middle schools and menstrual products are no less essential to a student’s wellbeing. No student should face any barrier, financial or otherwise, to accessing basic health essentials.”

QUOTABLE QUOTES

"Things are different than they were the last time I was here. Last time I was here, we had money. I could be a hero."

---House Speaker Ron Mariano (D-Quincy) at the beginning of his speech to members of the Greater Boston Chamber of Commerce.

"Now, I understand that the idea of a transfer fee is a cause for concern for some of you, but if you believe that the issue of housing affordability is a genuine crisis, then we must explore all options that have the potential to make a real difference. I look forward to having continued conversations with members, and with the business community, on how we can bolster the development of more affordable housing, while ensuring that Massachusetts remains competitive."

---House Speaker Mariano commenting on being open to a local-option real estate transfer tax to boost the affordable housing supply.

“The speaker is the latest politician floating the idea of further tax hikes that will only exacerbate the problem it is trying to fix. If the speaker is concerned with the cost of housing, he should provide property tax relief. If the speaker wants to help make Massachusetts more economically competitive, he needs to change his mindset away from harmful tax hikes and spending sprees and look to what the top two destinations for people leaving Massachusetts—Florida and New Hampshire—are doing, namely cutting taxes to attract taxpayers.”

---Paul Craney, spokesman for the Massachusetts Fiscal Alliance, on Mariano’s openness to a local-option real estate transfer tax.

“It is my great pleasure to donate these men's and women's suits and dress clothes on behalf of the residents of Norfolk County. I hope that by partnering with the Office of Youth Employment and Opportunity, we can help to eliminate some of the barriers for young job seekers, empowering them to present themselves confidently in interviews.”

---Norfolk County Register of Deeds William O’Donnell announcing the success of an initiative to help individuals just starting out on the road to finding a job, noting the high price of a suit can be an insurmountable obstacle, and it can represent a missed opportunity.

“While alarming, today’s warning issued by the Department of Public Health is not a surprise. Per- and polyfluoroalkyl substances (PFAS) have already contaminated public water systems in 96 cities and towns in Massachusetts. These chemicals are incredibly harmful, increasing the risk of cancers, liver disease and more.”

---Deirdre Cummings, MASSPIRG’s Legislative Director, reacting to the Massachusetts Department of Public Health advisory urging consumers not to consume Simpson Spring products until further notice, after PFAS contamination exceeding drinking water standards was found in water bottled distributed by the company.

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 March 18-22, the House met for a total of one hour and 15 minutes and the Senate met for a total of ten hours and 27 minutes.

Mon. March 18 House 11:02 a.m. to 11:56 a.m.

Senate 11:27 a.m. to 12:04 p.m.

Tues. March 19 No House session

No Senate session

Wed. March 20 No House session

No Senate session

Thurs. March 21 House 11:10 a.m. to 11:31 a.m.

Senate 11:20 a.m. to 9:10 p.m.

Fri. March 22 No House session

No Senate session

Bob Katzen welcomes feedback at bob@beaconhillrollcall.com