7-13-2024 11:38am

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. 28

July 8-12, 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 July 8-12.

PROTECT PRIVACY OF PEOPLE SEEKING REPRODUCTIVE AND GENDER AFFIRMING CARE (H 4844)

House 159-0, approved and sent to the Senate a bill that would prohibit the sale of cellphone data collected during an individual’s visit to Massachusetts health care facilities that offer reproductive and gender affirming care. Currently, data brokers are allowed to sell data that tracks the location of cellphone users.

Supporters said that since the U.S. Supreme Court overturned Roe v. Wade, location data firms have been selling location information related to patients’ visits to Planned Parenthood facilities. They noted the information could be used to target and harass individuals and providers of these services.

“To ensure the protections for patients, providers and their families established by this Legislature truly exist, it is essential that we likewise protect digital footprints of those seeking, receiving and providing abortion and gender-affirming care," said Rep. Kate Lipper-Garabedian (D-Melrose). "This legislation is the first step in providing that protection at a time when more than 20 state legislatures have banned or severely restricted access to abortion and gender-affirming care.”

"We know that purchasing location data to target Planned Parenthood patients or providers is part of the anti-abortion playbook, not just in restrictive states but everywhere,” said Dominique Lee, President and CEO of Planned Parenthood League of Massachusetts. “Now is the time to strengthen data privacy so that cellphone location data cannot be used to target people traveling to and from our health centers, or to target anyone seeking health care that is protected in our state.”

“With the passage of today’s bill, the House has made important progress to address the evolving threat to abortion patients and providers,” said Rebecca Hart Holder, President of Reproductive Equity Now. “In the two years post-Dobbs, hostile actors have targeted the location data of patients and providers in all 50 states, and now, we are increasingly concerned that this data will be weaponized against those seeking and providing care in Massachusetts.”

(A “Yes” vote is for the bill.)

Rep. Jeffrey Roy Yes

$2.86 BILLION ECONOMIC DEVELOPMENT PACKAGE (S 2856)

Senate 40-0, approved a $2.86 billion economic development package that supporters say would make bold investments in life sciences, climate tech, AI and small businesses, building on Massachusetts’ national leadership and creating an environment where businesses and workers thrive.

The House has approved a different version of the measure and a House-Senate conference committee will hammer out a compromise version.

Provisions of the Senate version include $225 million over five years for the Life Sciences Breakthrough Fund to reauthorize the Life Sciences Initiative; $200 million for the Clean Energy Investment Fund to facilitate research and development, commercialization and deployment of climate technologies; $200 million for the Massachusetts Offshore Wind Industry Investment Trust Fund to support the growth of the offshore wind industry; $400 million for MassWorks public infrastructure projects that spur economic development and help support job creation; $100 million for the Rural Development Fund to provide financial assistance for infrastructure and community planning efforts in rural communities; $100 million for local economic development grants for economic development in cities and towns; and $90 million to support the redevelopment of underutilized, blighted or abandoned buildings.

Other provisions include $115 million for the Massachusetts Tech Hub to establish key industry consortia across the state; $100 million for the Applied AI Hub program to facilitate the application of AI; $99 million for flexible grants to support advanced manufacturing initiatives; $25 million for capital grants to advance research, commercialization and training in robotics; $25 million through MassVentures for small business technology grants to help early-stage companies commercialize new technologies; $35 million for grants to Community Development Financial Institutions to help disadvantaged and underserved businesses; and $10 million for Biz-M-Power matching grants to small businesses with capital needs.

Non-fiscal provisions include new laws to allow local communities to opt-in and allow bars and restaurants in the city or town to responsibly offer happy-hour drink discounts; allow local breweries and distilleries to sell their products alongside local wineries at farmers markets; increase opportunities for a more diverse public sector teaching force; and raise from 17 to 18 the age at which persons can be tried as a juvenile. The hike would apply to many crimes for which 18-year-olds would be tried as juveniles instead of as adults but would not change existing law that allows 18-year-olds charged with the most serious offenses, including first- or second-degree murder, to be prosecuted and sentenced as adults.

“Massachusetts is home to great talent, industry and education, but we must act now to remain competitive in a changing global and national economy,” said Sen. Barry Finegold (D-Andover), Senate Chair of the Committee on Economic Development and Emerging Technologies. “This economic development bill bolsters our state’s competitiveness by strengthening sectors we already excel in and creating pathways to secure the lead in emerging fields.”

“Life sciences and climate technology are synonymous with Massachusetts because of the past decade of strong investment,” said Senate President Karen Spilka (D-Ashland). “The Senate’s action today ensures that we build on that leadership in the coming decade, amplifying the diverse and thriving economic ecosystem that enables people to stay in our state to build careers and families."

“I’m excited the Senate has created long-term investments in key sectors of our state’s economy by passing this economic development bond bill,” said Sen. Mike Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means. “With ambitious initiatives in life sciences, robotics, artificial intelligence and other cutting-edge disciplines, we lay a strong foundation for the new and global economy for generations to come. While we look to the future, the bill also reinforces the traditional economic drivers of the commonwealth, notably small business, education and advanced manufacturing.”

(A “Yes” vote is for the bill.)

Sen. Rebecca Rausch Yes Sen. Karen Spilka Yes

REDUCE SHORT-TERM CAPITAL GAINS TAX (S 2856)

Senate 5-34, rejected an amendment that would reduce the short term capital gains tax from 8.5 percent to 5 percent over a three year period from 2025 to 2027.

“We have the highest short term capital gains tax in the Northeast and amongst the highest in the nation,” said Sen. Ryan Fattman (R-Sutton) who supported the amendment. “Lowering it could help business investment and actually provide economic activity.”

Amendment opponents said the Legislature recently passed, and Gov. Maura Healey signed into law, the largest tax cut in state history. They noted that the tax cut package included a reduction in the short-term capital gains tax.

"Only last year, we passed significant tax reductions," said Sen. Pat Jehlen.(D-Somerville). "We don't yet know all the impact. We need enough revenue to meet our needs for housing and transportation. Those investments are much more important than tax cuts for our economic future."

(A “Yes” vote is for the reduction in the short-term capital gains tax. A “No” vote is against it.)

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

JUVENILE JUSTICE AGE (S 2856)

Senate 31-9, approved an amendment that would raise from 17 to 18 the age at which a person can be tried as a juvenile. The hike would apply to many crimes for which 18-year-olds would be tried as juveniles instead of as adults.

The amendment would not change existing law that allows 18-year-olds charged with the most serious offenses, including first- or second-degree murder, to be prosecuted and sentenced as adults. Similarly, a juvenile 18 or younger could be charged as an adult for any felony if the he or she had been previously committed in the Department of Youth Services, committed an offense that involves serious bodily harm or violated certain firearm laws.

“We will never achieve racial equity in Massachusetts without addressing the systemic biases in our systems, including our criminal legal system—and giving our children a fair shot at life from birth onward,” said Senate President Karen Spilka (D-Ashland). “By raising the age today, I am proud that the Senate is making the commonwealth a fairer place for young people who should not be judged for their whole life by a mistake they made as an 18-year-old.”

"As the former Senate Chair of the Joint Task Force on Emerging Adults in the Massachusetts Criminal Justice System, I heard from stakeholders across the juvenile and criminal justice systems about the countless public safety benefits of raising the age of juvenile jurisdiction," said Sen. Cindy Creem (D-Newton). "Including 18-year-olds in the juvenile system will help ensure all high-schoolers have access to the high-quality rehabilitative programming available through the Department of Youth Services, which will help reduce recidivism and have a long-term positive impact on public safety."

"This amendment to an Economic Development bill sought to raise the juvenile age of criminal prosecution to 19 years old,” said Sen. Ryan Fattman (R-Sutton) who opposed the amendment. “First, criminal justice policy shouldn't be snuck into an economic development bill. Second, the Chief Justice of the Massachusetts Trial Court identified numerous concerns about raising the juvenile age … including increased financial costs to the court system; increased delays with justice in the juvenile court, including child welfare and protection cases that are already backlogged by 13,000 cases; and concerns about the mixing of minors and "emerging adults" in a juvenile detention center causing challenges with the federal Prison Rape Elimination Act which is supposed to prevent children from being in 'sight and sound' contact with adults.“

Fattman continued, [“There are] concerns from numerous law enforcement agencies that raising the juvenile age of criminality emboldens young people to commit crime, as other offenders may use this law to make young people pawns in the dangerous criminal activity in which the older adults engage.

(A “Yes” vote is for raising the age to 18. A “No” vote is against raising it.)

Sen. Rebecca Rausch Yes Sen. Karen Spilka Yes

ALSO UP ON BEACON HILL

PRESERVE SPECIAL NEEDS TRUSTS FOR DISABLED SENIORS (H 4841) – House approved and sent to the Senate a bill that would restore the ability of disabled seniors to receive support from special needs pooled trusts for care and needs that are not covered by MassHealth. Sponsor Rep. Kate Hogan (D-Stow) said she filed the legislation in response to a new MassHealth regulation that eliminated this support for seniors.

“Pooled trusts allow persons with disabilities to maintain dignity and quality of life when confined to a nursing home or receiving home care,” said Hogan. “The trusts help provide for companion services, uninsured medical care, dental and pharmacy care, transportation, clothing, personal needs and household items, assisted living and many other kinds of support that MassHealth does not provide. Current MassHealth regulations penalize disabled seniors over 65 for using pooled trusts since they are counted in determining eligibility. This legislation would allow this vulnerable population to use the exemption for the purposes of determining MassHealth eligibility.”

REDUCE THE SHORTAGE OF DENTAL HYGIENISTS (H 4842) – The House approved and sent to the Senate a bill that supporters say would streamline the process for foreign-trained dentists to obtain a dental hygienist license in the Bay State. These dentists would have to have at least five years of experience as a dentist in their country and must have obtained a certificate of registration, certifying them as a dentist, from their country’s board of dental examiners or similar board. Massachusetts would only license the dentist as a dental hygienist if it determines that competency requirements in the foreign country are equal to those required of applicants in the Bay State.

"This proposal would benefit immigrants who are foreign-trained dentists, providing them with an accelerated pathway towards a hygiene license and helping to alleviate the labor shortage in the field of dentistry,” said sponsor Rep. Tackey Chan (D-Quincy).

“Massachusetts continues to contend with a shortage of qualified dental hygienists, and this bill would create a new pipeline for foreign-trained dentists to help stem the workforce shortage,” said Massachusetts Dental Society (MDS) President Dr. Abe Abdul. “Oral health is critical to overall health. Increasing the number of dental care providers translates into less wait times and greater availability of appointments for patients, allowing them to receive high-quality care.

"The Massachusetts Dental Hygienists Association (MDHA) is excited to collaborate with the MDS on crucial language in the legislation that enables foreign-trained dentists to take required exams and apply for dental hygiene licenses, said MDHA President Amanda Berthiaume. “We are committed to supporting these new hygienists by providing them with opportunities, through an MDHA membership, to help them succeed. This legislation is a first step in addressing the dental professional shortage in Massachusetts.”

EQUAL ACCOMMODATION IN PUBLIC RECREATIONAL FACILITIES (H 923) – The House approved and sent to the Senate a bill that would require the Massachusetts Department of Conservation and Recreation (DCR) to annually report on progress made toward Title IX compliance in its recreational facilities across the state. Title IX of the federal Education Amendments of 1972 prohibits sex and gender discrimination in any education program or activity receiving federal financial assistance.

Supporters noted that DCR maintains ownership of dozens of ice rinks and swimming facilities across the state, many of which have been leased to private companies or municipalities to operate. They said these publicly owned facilities host competitions for hockey leagues, swim teams and figure skating programs while also providing a venue for offerings such as water aerobics classes and public skating.

They argued that Title IX requires “locker room equity” which means having appropriate changing and showering facilities to comply with Title IX equality requirements. They said that many DCR facilities were built decades ago, before Title IX, and prior to the growth in popularity of women's sports.

“With Title IX celebrating its 50th year anniversary last year, we are long overdue in ensuring that all athletes have access to equal accommodations at our state-owned rinks and pools,” said bill sponsor Rep. Walsh (D-Peabody). “This bill will encourage compliance with federal law and the basic fairness of locker room equity will allow and encourage more girls and women to participate in the sports programming offered at DCR-owned facilities.”

QUOTABLE QUOTES – By The Numbers Edition

Last week marked the 1-year anniversary of a bill signed into law in 2023 that allows undocumented/illegal immigrants to apply for a learner’s permit and Massachusetts standard driver’s license. The law requires an applicant “without legal presence” in the United States to provide the Registry of Motor Vehicles with a foreign passport and at least one of five other documents: a driver's license from another state, a foreign driver's license, a birth certificate, a foreign national identification card or a marriage certificate or divorce decree from any U.S. state.

Here are the numbers:

183,825

---Number of new learner’s permits issued from July 1, 2023 to July 1, 2024 -- an increase of 113,441 over the 70,384 issued in the same time period from July 1, 2022 to July 1, 2023.

128,075

---Number of new driver’s licenses issued from July 1, 2023 to July 1, 2024 -- an increase of $72,926 over the 55,149 issued in the same time period from July 1, 2022 to July 1, 2023

---Number of languages in which people are tested to obtain learner’s permits.

100

---Number of languages in which in-person and phone assistance is available.

250

---Number of new employees hired to handle the thousands of additional applications for learner’s permits and driver’s licenses.

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 July 8-12. the House met for a total of four hours and 43 minutes and the Senate met for a total of twelve hours and 49 minutes.

Mon. July 8 House 11:01 a.m. to 11:10 a.m.

Senate 11:16 a.m. to 12:20 p.m.

Tues. July 9 No House session

No Senate session

Wed. July 10 House 11:02 a.m. to 2:50 p.m.

No Senate session

Thurs. July 11 House 11:01 a.m. to 11:47 a.m.

Senate 11:01 a.m. to 11:46 p.m.

Fri. July 12 No House session

No Senate session

Bob Katzen welcomes feedback at bob@beaconhillrollcall.com