6-22-2024 12:54pm

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. 25

June 17-21, 2024

By Bob Katzen

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THE HOUSE AND SENATE: Beacon Hill Roll Call records local representatives’ and senators’ votes on roll calls from the week of June 17-21.

MATERNAL HEALTH (H 4773)

House 153-0, approved and sent to the Senate a maternal health bill that would require certified professional midwives and lactation consultants to be licensed; encourage the creation of more freestanding birth centers; expand access to postpartum depression screenings; and raise awareness of pregnancy loss and perinatal mood and anxiety disorders.

“Today, I feel proud to stand with my colleagues in recognition of the autonomy of all birthing people to make important decisions about where they give birth – whether in a hospital, at home or in a birthing center – and ensure that all parents feel strong, empowered and in charge of their health at such a formative time in their lives,” said Rep. Kay Khan (D-Newton), a sponsor of the bill. “In passing this historic maternal health package, we have further elevated the midwifery model of care and moved mountains toward addressing the needs of all birthing people in the commonwealth, regardless of their race, ethnicity or socioeconomic status.”

“Today we are making a commitment to ensuring that every mother receives the care and support they need before, during and after childbirth,” said Rep. Pat Haddad (D-Somerset), a sponsor of the bill. “We are taking steps to eliminate the causes of infant mortality and improving maternal health outcomes of pregnancies for all birthing persons. This legislation tackles the root causes of maternal deaths and delivery complications.”

“[The bill] is a significant legislative step in addressing perinatal mood disorders in Massachusetts,” said Rep. Jim O'Day (D-West Boylston). “This bill provides crucial support for new parents by improving access to comprehensive mental health care during the perinatal period. By focusing on early detection and intervention, we can ensure better health outcomes for both parents and their babies. This legislation is vital for fostering healthier families and communities, particularly for those most vulnerable to perinatal mood disorders."

“This legislation, which is the fourth significant health care bill that the House has passed this session, is the latest example of our ironclad commitment to increasing access to quality, affordable health care for all residents of Massachusetts,” said House Speaker Ron Mariano (D-Quincy). “While the commonwealth’s health care system is amongst the best in the world, inequities in maternal health remain prevalent, and certain aspects of care are woefully insufficient. That’s why the reforms included in this legislation are so important, as they will help to close racial inequities and improve maternal health care statewide.”

(A “Yes” vote is for the bill.)

Rep. Jeffrey Roy Yes

BAN SINGLE-USE PLASTIC BAGS AND MORE (S 2830)

Senate 38-2, approved a bill that would ban single-use plastic bags; make straws and plastic utensils available by request only; require stores to charge 10 cents for recycled paper bags with 5 cents retained by the retailer and 5 cents used to fund environmental protection measures; make it easier to recycle; create a statewide program for recycling large plastic objects including car seats; prohibit single-use plastic bottle purchases by state agencies; require do-not-flush labeling for non-flushable wipes made of plastic; and implement statewide composting.

“From microplastics in our blood to plastic bags in our waterways to greenhouse gases in our air, plastics pollute and harm our people and planet,” said Sen. Becca Rausch (D-Needham), Senate Chair of the Joint Committee on Environment. “The Plastics Reduction Act will prevent billions of single-use plastic bags, bottles, cutlery and wipes from clogging up our environment, pipes and landfills each year. This is a major win for our climate, our wildlife and our health.”

“Nothing we use for just a few minutes should pollute the environment for decades,” said Janet Domenitz, Executive Director of MASSPIRG. “Getting rid of single use plastic bags, food ware and more will reduce plastic waste, cut down on litter and make a cleaner, greener future for everyone.”

“In Massachusetts, we take pride in being a leader when it comes to protecting our environment and people’s health, and this bill continues that leadership,” said Senate President Karen Spilka (D-Ashland). “Limiting our plastics use means less trash in our waterways and on our streets, and giving our kids the green, clean planet they deserve to inherit. This is a crucial part of achieving the commonwealth’s climate goals.”

"It's burdensome on small businesses and creates increased cost at the grocery store and everyday living for consumers by having to pay an additional tax on paper bags and reusable bags,” said Sen. Ryan Fatman (R-Sutton), one of two senators who voted against the bill. “It also has no chance of passing through the Legislature because it's unrealistic and out of touch."

“I think it's important to understand that when we talk about the pollution that occurs throughout the world, that we understand where this comes from,” said Sen. Peter Durant (R-Spencer), the other senator who voted against the bill. “Over 70 percent of all plastic pollution in the world today comes from Asia. The United States accounts for approximately 4 percent of the pollution, which is too much, I can give you that. I oppose this bill because the question becomes, what is the cost to benefit ratio that we’re talking about here? To what end do we want to cause businesses to cause families in Massachusetts, to expend more for a diminishing return?”

Durant continued, “This is going to cost the consumers of Massachusetts more, in a state that already has an incredible cost of living and in a state where we're trying to make it more affordable to be here. I think this is something that ends up being a little bit too much, too much for us to bear.”

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

Sen. Rebecca Rausch Yes Sen. Karen Spilka Yes

MAKE PAPER BAG FEE OPTIONAL (S 2830)

Senate 8-30, rejected an amendment that would make the up to 10 cent fee for paper bags optional for retailers to charge. The amendment would replace a section of the bill that requires stores to charge 10 cents for recycled paper bags with 5 cents retained by the retailer and 5 cents used to fund environmental protection measures.

Sen. Ryan Fattman (R-Sutton) said he “voted in favor of [the] amendment because it helps consumers and small business owners save money at a time when inflation is causing hardships for families and businesses alike."

“I voted yes … because we have spent almost four years fighting inflation,” said Sen. Mike Moore (D-Millbury). “Just when prices are starting to stabilize, why would we impose a mandated cost increase on retail products? I believe we should leave it up to the retailer to decide if it makes sense to impose a fee on carryout paper bags.”

“A nominal paper bag fee that business owners can customize will incentivize customers to bring reusable bags and advances the bill’s waste reduction goals,” said Sen. Becca Rausch (D-Needham) who opposed the amendment. “This fee is optional for small businesses, building in flexibility for business owners who need it most.”

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

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

REQUIRE REPORTING (S 2830)

Senate 4-35, rejected an amendment that would require the Department of Environmental Protection (DEP) to report annually to the House, the Senate and the Committee on Environment and Natural Resources, on any increased rates of recycling that can be attributed to the provisions of the new plastics law.

"Creating a reporting system for the progress of this bill would give us an opportunity to evaluate the efficacy of the legislation over time,” said Sen. Ryan Fattman (R-Sutton) who voted for the amendment. “Reporting this data serves as a metric to tell us if this bill has done what it was purported to do. These are reasons why I voted in favor of this amendment.”

“The DEP already publishes an extensive report on waste management,” said Sen. Becca Rausch (D-Needham), who voted against the amendment. “They diligently produce annual reports, including a Recycling Market Development Action Plan. These reports are publicly available on the DEP website.”

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

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

ALSO UP ON BEACON HILL

REVENGE PORN AND TEEN SEXTING (H 4744) - Gov. Maura Healey signed into law a bill 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. The measure was recently unanimously approved by the House and Senate.

Massachusetts was one of only two states that did not have a law about this crime. The measure 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; allows a victim to petition the court for a harassment prevention order against a person who has violated this statute; and extends the statute of limitations to pursue criminal charges for certain domestic violence offenses from six years to 15 years.

The measure adds coercive control to the definition of abuse. Coercive control is a nonphysical form of abuse that includes a pattern of behavior intended to threaten, intimidate, harass, isolate, control, coerce or compel compliance of a family or household member in a manner that causes the targeted individual to fear physical harm or to have a reduced sense of physical safety or autonomy. Examples of coercive control include threatening to share explicit images, regulating or monitoring a family or household member’s communications and access to services, and isolating a family or household member from friends or relatives.

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 be 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.

“This law will save lives and strengthens our efforts to hold accountable those who would engage in abusive, coercive and deeply harmful behavior,” said Gov. Healey. “This is about stopping violence, because nobody deserves to be subjected to threats, abuse or control. We’re grateful … to all of the survivors who bravely came forward to share their powerful stories of pain, fear and trauma to make a difference for generations to come.”

“The inclusion of coercive control in this bill is a vital advancement in safeguarding individuals from abuse,” said Vilma Uribe, Executive Director of the Governor’s Council to Address Sexual Assault, Domestic Violence and Human Trafficking. “It acknowledges the severe impact of manipulative behaviors and provides crucial protections for victims-survivors. Equally important is the inclusion of media literacy for our youth, empowering them to navigate the digital world responsibly.”

“No person’s life should devolve into chaos because a private photo was shared without their permission, and no person should fear coercion or be threatened with the sharing of such a photo,” said Senate President Karen Spilka (D-Ashland). “I’m proud that this legislation protects our residents and supports young people who make a mistake.”

“This legislation modernizes our criminal laws by ensuring that those who share explicit images of others without their consent face punishment, while also educating minors on the dangers of sharing explicit images of themselves rather than imposing upon them some of the criminal justice system’s most severe consequences,” said House Speaker Ron Mariano (D-Quincy). “I’m also incredibly proud of this legislation’s bolstered protections for survivors, including the added consideration of nonphysical forms of abuse for those who are seeking restraining orders from their abusers.

PROHIBIT SALE OF DOGS, CATS AND RABBITS IN NEW PET STORES (S 2820) – The House gave initial approval to a bill that would prohibit pet shops opened after January 1st, 2025 from offering dogs, cats and rabbits for sale. Pet shops existing prior to January 1, 2025 would be exempt from the law.

The new law would allow new pets shops to offer space to an animal rescue or shelter organization to showcase dogs, cats or rabbits for adoption as long as the pet shop does not have an ownership interest in the animals offered for adoption. The bill imposes a penalty of $1,000 for a first offense, $2,500 for a second offense and $5,000 for a third and subsequent offenses.

“This legislation moving forward marks a significant step towards ending the puppy mill to pet shop pipeline, ensuring the protection of both animals and consumers alike,” said sponsor Sen. Patrick O’Connor (R-Weymouth). “We are taking a stand against the promotion of animal cruelty, which is often overlooked, and I am confident that we will soon join our neighboring northeastern states in putting a stop to this inhumane practice by law. I am proud to be the primary sponsor of this bill and will continue to tirelessly advocate against the abuse of animals and for their protection as some of the most vulnerable members of our community.”

“I take the matters of animal welfare and inhumane conditions very seriously,” said Sen. Mike Moore (D-Millbury). Given that puppy mills and other profit-focused animal breeding operations have a demonstrated track record of substandard conditions and disregard for the wellbeing of the animals, anything we can do to disrupt this industry without harming responsible breeders is action we should take.”

“Typically, pet shops obtain animals from substandard breeding facilities, which results in consumers unknowingly purchasing sick or genetically compromised pets,” said Rep. Natalie Higgins (D-Leominster).

REQUIRE ADAPTIVE BEAM HEADLIGHT TECHNOLOGY (H 3419) – The House gave initial approval to a bill that would require all new automobiles sold in the state after January 1, 2026 to be equipped with adaptive beam headlight technology which is currently used in other parts of the world including Europe, China and Canada.

According to the U.S. Department of Transportation’s National Highway Traffic Safety Administration, Adaptive Driving Beam Headlight Systems (ADBs) use automatic headlight beam switching technology to shine less light on occupied areas of the road and more light on unoccupied areas. The adaptive beam is particularly useful for distance illumination of pedestrians, animals and objects without reducing the visibility of drivers in other vehicles.

As a CNN report noted, “Imagine if you could drive at night with your high beams on all the time, bathing the road ahead in bright light but without ever blinding other drivers.’ That’s what ADB accomplishes.”

“The legislation seeks to address the problem with overly bright headlights,” said sponsor Rep. Lindsay Sabadosa (D-Northampton).” There are no shortage of news articles that speak to the growing problem of overly bright headlights on the highways of Massachusetts. While they improve driver safety in some respects, they also blind oncoming traffic, which does not help with road safety. A solution is adaptive headlight technology or smart headlights.

“The American Automobile Association research found ADBs illuminate the road 86 percent better than current headlight technology but without the glare,” continued Sabadosa. “Smart headlights make about 5,000 adjustments per second to curve light around the part of the road already lit up by an oncoming car. So, there's no direct beam in the other driver's face.”

ILLEGAL FIREWORKS (H 3634) – The House gave initial approval to legislation that would amend current law which imposes a fine between $10 and $100 on anyone convicted of illegal possession or use of fireworks. The bill would increase the penalty, in areas with a population density of 1,000 or more persons per square mile, to a fine of between $200 and $500 and/or a prison sentence or up to six months.

“This has been an issue in my district that needs to be addressed,” said sponsor Rep. Rodney Elliott (D-Lowell). “By increasing fines for illegal fireworks usage, we not only deter irresponsible behavior but also send a clear message that the safety of our citizens is eminent.”

FREE WEIGHTS IN PRISONS (H 2422) – The House gave initial approval to a measure that would require superintendents of medium- and maximum-security prisons to block inmates from accessing free weights or any other exercise equipment that is not secured.

Sponsor Rep. Steven Xiarhos (R-Barnstable) said the bill is named “Matt’s Law” in honor of Corrections Officer Matthew Tidman, who was brutally assaulted in 2022 by a prison inmate who used free weights from a prison gym facility as a weapon.

"I am proud to have filed the bill … this session and I believe its protections are necessary to keep our correction officers safe at work," said Xiarhos. “These brave men and women risk their safety for us every day and it is important for us to have their back."

EXPAND NERO’S LAW (H 2423) – The House gave initial approval to another Xiarhos proposal that would expand Nero’s Law, passed in 2022, that requires EMS personnel to provide basic emergency treatment to a police dog and use an ambulance to transport the dog injured in the line of duty to a veterinary clinic or veterinary hospital, if there are not people requiring emergency medical treatment or transport at that time. That law was passed following the tragic death of Yarmouth Police Sgt. Sean Gannon who was shot and killed in the line of duty. His K-9 partner Nero was severely injured and had to be rushed to the animal hospital in the back of a police cruiser. Nero survived.

The bill permits not just basic emergency medical treatment, but also advanced life support care as an option by those properly trained, if available and necessary.

"We passed Nero's Law a couple of years ago in honor of K-9 Nero, and as a lasting tribute to fallen Yarmouth Police Sgt. Sean Gannon, who was killed in the line of duty in the same incident where Nero was injured,” said Xiarhos. “Law enforcement depends on police dogs to keep the public safe in dangerous situations. It's the least we can do to make sure that these dogs receive proper emergency medical care if they are injured through their work."

CITIES AND TOWNS (H 3396) – The House gave initial approval to a bill that would require that cities and towns include a Transportation Demand Management (TDM) element in their master plans. Sponsors say that TDM studies policies aimed at giving people effective, reliable transportation options, often by spreading travel across modes, locations, routes and times of day. The measure also emphasizes collaboration with Transportation Management Associations (TMAs) to reduce congestion and improve mobility.

Supporters said that TDM and TMA options can help improve transportation equity by allocating resources to under-served groups, including non-drivers and reduce negative impacts from driving, such as congestion, noise, air pollutants and greenhouse gas emissions. They argued that implementing TDM policies is often less expensive for cities and towns than car-centric options such as expanding roads and parking facilities.

“Massachusetts has some of the worst traffic congestion in the Wwrld. Too often, transportation planning is done on a project-by-project basis rather than as part of a holistic, municipality or regional basis,” said sponsor Rep. Steven Owens (D-Watertown). “[My bill] fixes that.”

QUOTABLE QUOTES

“The clerk will modify the members and tell them that a roll call is in progress.”

---The closed captioning words that appeared on the screen of the live coverage online of the House of Representatives when the speaker announced, “The clerk will NOTIFY the members and tell them that a roll call is in progress.”

“Y’all can stand and clap for that.”

---Freshman Rep. Chistopher Worrell (D-Boston) during his inaugural speech on the House floor, referring to the May birth of his second daughter.

“One of our most important natural resources is right beneath our feet -- soil. Protecting soil quality is essential to stewarding our ecosystems and sustaining Massachusetts' agricultural industry. Healthy soil is the foundation for climate resilient communities. Implementing thoughtful land management strategies is vital to maintaining biodiversity, promoting water quality and reducing carbon in the atmosphere.”

-- Executive Oﬃce of Energy and Environmental Aﬀairs Secretary Rebecca Tepper announcing the awarding of more than $1 million in grants to organizations to promote and protect Massachusetts' soil health.

“While the law prohibits discrimination in places of public accommodation, we sadly see LGBTQIA+ individuals and others denied basic rights simply because of how they express or identify themselves. I, along with my office, will continue to educate people about their rights and protections under law as we seek to create safe and equitable spaces for all.”

---Attorney General Andrea Campbell upon releasing an updated ‘Protections Against Discrimination in Places of Public Accommodations Guide’ to help ensure compliance with existing law and educate the public about their rights in public spaces, including gender-specific spaces like men’s and women’s restrooms. The guide has been updated to include information about how the law protects those who identify as nonbinary and/or transgender.

“Our Bureau of Special Investigations examiners are making government work better by identifying fraud, waste and abuse of tax dollars so that residents actually in need have access to support and services.”

---State Auditor Diana DiZoglio on her office identifying more than $2 million in public benefit fraud in the third quarter of fiscal 2024.

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 Sena er 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 June 17-21, the House met for a total of five hours and 51 minutes and the Senate met for a total of eight hours and 26 minutes.

Mon. June 17 House 11:00 a.m. to 11:09 a.m.

Senate 11:07 a.m. to 1:05 p.m.

Tues. June 18 No House session

No Senate session

Wed. June 19 No House session.

No Senate session

Thurs. June 20 House 11:00 a.m. to 4:42 p.m.

Senate 11:12 a.m. to 4:43 p.m.

Fri. June 21 No House session

Senate 1:07 p.m. to 2:04 p.m.

Bob Katzen welcomes feedback at bob@beaconhillrollcall.com