7-28-2024 4:51am

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. 29

July 15-19, 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 15-19..

APPROVE $58 BILLION FISCAL 2025 STATE BUDGET (H 4800)

House 154-3, Senate 40-0, approved and sent to Gov. Maura Healey a $58 billion fiscal 2025 state budget for the fiscal year that began July 1, 2024. The price tag represents a 1.97 billion or 3.5 percent increase over last year’s fiscal 2024 budget.

The package uses more than $1 billion in one-time revenues to support the spending bill. Aside from the spending, the package makes policy changes including authorizing free community college, free rides on regional transit agencies, allowing the Massachusetts Lottery to sell its products online. A portion of the new revenue collected from online Lottery sales, estimated to be $100 million in in fiscal year 2025, would fund a permanent Commonwealth Cares for Children grant program which provides long-term stability for high-quality and affordable care for families.

Senate President Karen Spilka (D-Ashland) said, “This budget is a vote of confidence in every Massachusetts resident going to school, raising a family and working to make ends meet—as well as a strong blueprint for bringing equity and opportunity to every region and resident of our state.”

“This budget takes a fiscally responsible approach to making meaningful investments in areas of significant need,” said House Speaker Ron Mariano (D-Quincy). “I’m proud of the fact that the … budget allocates key funding to better support Massachusetts students and families, to increase access to affordable health care and to provide for a safer and more reliable public transportation system.”

"This year’s budget includes a $2 billion spending hike with $208 million less in tax revenues,” said Rep. Nick Boldyga (R-Southwick) one of only three members to vote against the budget. “So Democrats dug into reserve funds to balance this budget boondoggle. Even the Massachusetts Municipal Association said this year’s budget wasn’t based in reality. The budget ‘freebies’ include free school meals, free tuition at community colleges and no-charge rides on the state's 15 regional transit authorities. The people stuck footing the bill are the working-class and from what I’ve seen they’re struggling to pay their bills and buy groceries. I’m not sure they can withstand more tax increases when these bloated budgets eventually go belly up.”

“Once again, the Massachusetts Legislature is the last state in the country to pass its annual budget, and once again it is the largest budget in state history,” said Paul Craney, spokesman for the Massachusetts Fiscal Alliance. “Legislators are already putting their thumb on the scale when determining the spending ratio for the income surtax funds, in which education spending is 17 percent greater than transportation, a ratio that was included in neither chamber’s original budget. House and Senate leaders also included multiple new and costly programs at a time when state revenue collections have been underperforming and a new billion dollar migrant crisis is growing. Long term, this will be very difficult to fix unless these same big government spenders decide to cut the spending priorities they are passing in this budget.”

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

Rep. Jeffrey Roy Yes Sen. Rebecca Rausch Yes Sen. Karen Spilka Yes

APPROVE FIREARMS CHANGES (H 4885)

House 123-33, Senate 35-5, approved and sent to Gov. Healey a bill that would change some of the state’s gun laws.

Provisions include cracking down on untraceable "ghost guns;" banning firearms in additional public spaces like schools, polling places and government buildings; expanding the 2018 "red flag" law that allows school administrators and licensed health care providers to petition a court to temporarily take firearms away from someone deemed a threat to themselves or others; closing loopholes that allow the modification of legal firearms into illegal automatic weapons; and providing a legacy clause so all firearms legally owned and registered in Massachusetts as of the effective date of the bill will continue to be legal and may be bought and sold within the state.

“Today, as we consistently do in the area of firearm safety, we take the lead in making the commonwealth a safer place to live by giving law enforcement the tools they need to go after ghost guns, keeping battlefield weapons out of our neighborhoods and keep our schools, homes, town halls and polling locations safe,” said Rep. Mike Day (D-Stoneham), House Chair of the Committee on the Judiciary. “While Washington is paralyzed by dysfunction that endangers Americans across the country, we in Massachusetts address our challenges directly and take the steps necessary to modernize our firearm laws to keep us safe.”

“In the decade since we last updated Massachusetts’ gun statues, our nation and our commonwealth have continued to be rocked by mass shootings and gun tragedies at an alarming rate,” said Majority Leader Sen. Cindy Creem (D-Newton). “This legislation proactively addresses the root causes of gun crime to curb the epidemic of violence and prevent tragedy before it strikes. It does so by ensuring that ghost guns, Glock switches and assault-style firearms are kept off our streets and out of the wrong hands.”

“While we all share the same fundamental goal: to ensure the safety and well-being of our families, our neighbors and our communities, it is critical that we approach it with a balanced perspective that respects Constitutional rights while striving for effective solutions that target violent crime,” said Rep. Joe McKenna (R-Sutton). “Unfortunately, the legislation passed, while well-intentioned, did not achieve that goal. The reality is that the commonwealth already has some of the strictest gun laws in the nation. As a result, those who choose to exercise their Second Amendment Constitutional rights have jumped through hoops for decades to remain law-abiding citizens. Meanwhile, those intent on committing violence -- and doing so with a firearm -- will continue to have no regard for these proposed laws or for those already on the books.”

"We were given less than 24-hours to read a 116-page bill with potentially serious legal repercussions for lawful firearm owners in a state that already has some of the most stringent gun laws in the country,” said Sen. Ryan Fattman (R-Sutton). “An overwhelming number of my constituents reached out to my office expressing their opposition to this legislation and their concerns about the lack of transparency regarding this bill throughout the entire legislative process. This bill unfairly punishes law-abiding gun owners and doesn't do enough to address the root cause of gun violence in our communities."

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

Rep. Jeffrey Roy Yes Sen. Rebecca Rausch Yes Sen. Karen Spilka Yes

CLEAN ENERGY (H 4884)

House 131-25, approved a bill that supporters said would increase the state’s supply of clean energy by setting new renewable energy generation storage procurement targets, and by streamlining the state and local permitting process.

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

Provisions include streamlining the permitting process for small clean energy projects under 25 megawatts and small energy storage systems under 100 megawatt-hours by allowing project developers to submit a permit application seeking a single permit that consolidates all necessary local permits and approvals. Municipalities would retain permitting authority over these projects and would be required to issue a single, final decision within 12 months of the receipt of a complete permit application.

"The legislation passed by the House today is a historic and necessary step forward for the commonwealth at this juncture in our energy transition," said Rep. Jeff Roy (D-Franklin), House Chair of the Committee on Telecommunications, Utilities and Energy. "Reforming the siting and permitting process will allow for the swift development of the clean energy generation we need to reach our climate goals, and the rapid build-out of the transmission infrastructure that will power our electrified clean energy future. Setting procurement targets for clean energy and energy storage and incentivizing the adoption of innovative climate technologies will ensure that the buildout of our clean energy infrastructure is accomplished efficiently and equitably and is supportive of consumers and ratepayers."

“This legislation represents the House’s fervent, continued commitment to meeting Massachusetts’ long-term emission reduction targets, as it builds on the work that the Legislature has already done to modernize the commonwealth’s energy grid, increase clean energy generation, and to combat the climate crisis,” said House Speaker Ron Mariano (D-Quincy).

“The bill makes significant changes to the local siting and permitting processes for clean energy infrastructure projects, some of which undermines local control,” said Rep. Kelly Pease (R-Westfield) who voted against the bill. “This expedited process is great for energy suppliers, but not necessarily for local communities.”

“[The bill] was intended to streamline and accelerate permitting for renewable energy projects, but it did not add important safeguards I requested to make sure that projects are built safely and sustainable,” said Rep. Steven Xiarhos (R-Barnstable). “Communities across Cape Cod are expressing concern over the possible health, safety, environmental and financial effects of these projects. Ultimately, I believe this bill was not in the best interests of the people of the Fifth Barnstable District, who support clean energy generally but who want assurances about the safety of this infrastructure.”

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

Rep. Jeffrey Roy Yes

HEALTH CARE CHANGES (S 2871)

Senate 38-2, approved a bill that supporters said includes urgent reforms to the state’s health care system to boost oversight and transparency in the market, improve patient access to prescribed medication and treatment and plug holes in oversight of hospitals, especially for-profit systems like the bankrupt Steward Health Care.

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

Provisions in the Senate version include expanding oversight of private equity firms, real estate investment trusts and management services organizations involved with Massachusetts health care providers; requiring a new insurance carrier to honor any prior authorizations approved by a previous carrier for at least 90 days following a patient’s enrollment in the new health plan; establishing a health insurance bureau within the Division of Insurance to conduct rate reviews of premium rates for health benefit plans and disseminate information to consumers about health insurance coverage; and establishing licensing structures for certain health care providers currently not licensed, and not subject to Department of Public Health oversight, including office-based surgical centers, urgent care centers, and health care practices.

“Massachusetts is the health care capital of the world because we take seriously our responsibility to invest in and protect our systems, providers and patients,” said Senate President Karen Spilka (D-Ashland). “As we stare down a health care market plagued by high costs and the fallout from private equity mismanagement, the Senate has doubled down on our responsibility to our residents, making us a national leader in safeguarding patients, expanding access to car and holding private equity accountable.”

“I’m pleased that the Senate has taken an expansive overhaul of the commonwealth’s struggling health care system with this regulatory redress bill,” said Sen. Mike Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means. “The collapse of Steward Health Care shows us that it’s now time to reform the system and make transparent the process of costs in relation to services rendered to patients. While Massachusetts is known throughout the world as providing the very best in health care, this legislation will make that care more affordable and accessible.”

Sen. Mark Pacheco (D-Taunton), one of two senators to vote against the bill, said that his vote was designed to send a message protesting the lack of action from the Legislature to prepare for the threat the Steward crisis poses to healthcare access in Massachusetts.

“Though I support provisions found in this bill, I believe it is important that the Legislature be more proactive as this Steward crisis unfolds," said Pacheco. "Except for senators who have Steward facilities in their district, there was not an appetite to do that, and that is what led to my 'no' vote to protest the lack of protections the Senate bill should have required. This is a message that we are not doing enough to ensure that patients have access to the important care that these facilities should be able to provide."

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

Sen. Rebecca Rausch Yes Sen. Karen Spilka Yes

DUAL ELIGIBLE INDIVIDUALS (S 2871)

Senate 7-32, rejcted an amendment that would allow dually eligible individuals, also known as duals, who qualify for Medicare and MassHealth, to access care from any specialist or hospital enrolled in Medicare or MassHealth.

“The adoption of this amendment would ensure that dually eligible individuals can receive necessary healthcare services without being restricted by provider network limitations,” said amendment sponsor Sen. Mark Pacheco (D-Taunton). “This provision maintains continuity of care, prevents sudden disruptions in services and ensures that duals, who often have long-standing relationships with providers managing their complex health and functional needs, are not forced to lose access due to network disruptions.”

Amendment opponents said a separate bill, similar to this amendment, was shipped off to a study committee because there are not yet sufficient estimates of the cost of the bill and other problem relating to it.

Sen. Cindy Friedman (D-Arlington), the Senate chair of the Committee on Healthcare Financing, did not respond to repeated requests by Beacon Hill Roll Call asking her to comment on her opposition to the amendment.

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

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

FINANCIAL INSOLVENCY (S 2871)

Senate 10-30, rejected an amendment that would allow the Executive Branch to take immediate control of a healthcare provider’s assets in cases of the provider’s financial insolvency. The Executive Office of Health and Human Services would also play a part in developing a pathway, through regulations, to stabilize healthcare providers.

“We must safeguard the healthcare services our communities rely on, even in the face of financial challenges faced by providers,” said amendment sponsor Sen. Mark Pacheco. “We are in a moment of tremendous uncertainty about the future of Steward Health Care. If Steward hospitals were to close, hundreds of thousands of people in the commonwealth would be at risk of living in a healthcare desert. This crisis goes beyond dollars and cents. It is a matter of life and death.”

Pacheco said he will continue to push the Legislature to create a plan in order to protect patients in case negotiations between Steward, the courts and the Executive Branch lead to the closure of facilities.

Amendment opponents said the amendment should be rejected because no one has any idea of the cost of the amendment, which they said would be very expensive.

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

Sen. Rebecca Rausch No Sen. Karen Spilka No

DRUG COUPONS (S 2871)

Senate 6-33, rejected an amendment extending until 2030 the current law, due to expire in 2026, that allows consumers to use coupons to get discounts and rebates when purchasing prescription drugs. In 2012, Massachusetts was the last state to lift a ban on the use of prescription coupons.

Amendment supporters said this program helps some consumers to save up to 80 percent of the costs of prescription. They said the program has worked well and should be extended to 2030 or be made premanent.

Amendment opponents said the program does not expire until 2026 and it is unnecessary to extend the program right now. Some argued that the use of coupons drives up health care costs by luring consumers and encouraging them to request high-priced brand name medication.

Sen. Bruce Tarr (R-Gloucester), the sponsor of the amendment, did not respond to repeated requests by Beacon Hill Roll Call asking him to comment on his support for the amendment.

(A “Yes” vote is for the amendment extending the use of coupons. A “No” vote is against it.)

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

ALSO UP ON BEACON HILL

VOTE BY MAIL APPLICATIONS – Secretary of State Bill Galvin told voters this week to check their mail for an official 2024 Vote By Mail Application. His office is sending applications to all registered voters who have not already applied for a state primary ballot. Voters who already applied earlier this year will not receive another application.

Any voter who wants to vote by mail in their party’s September 3 primary can use this pre-addressed, postage pre-paid application to request their ballot. Unenrolled voters, also known as “independents,” can vote in either party primary but they must indicate their party ballot selection on the application.

“These applications will look very similar to the ones that were sent to voters in January, ahead of the presidential primaries,” said Galvin. “You will only receive an application if you haven’t already applied, or if you didn’t make a party selection on your previous application. If you prefer to vote in person, early voting for the state primaries begins August 24th,

Applications being mailed to voters this week allow a voter to apply for a September Primary ballot, a November general election ballot, or both. Voters who prefer to apply online may do so at www.VoteInMA.com

PET CEMETERIES (H 4206) – The House has shipped off to a study committee a measure that would require the owner of any property used or to be used for a pet cemetery to file in the Registry of Deeds a dedication restricting the property to be used only for the operation of a pet cemetery. Bills that are sent to a study committee bills are rarely actually studied and are essentially defeated. It is a way to kill a proposal without holding a vote on the bill itself.

Supporters say the bill would preserve existing pet cemeteries by preventing the construction and development on the property that is or holds out to be a pet cemetery.

"Our pets hold a special place in our hearts, and the places where they are laid to rest deserve the same level of reverence and protection as any other memorial site,” said sponsor Rep. Rodney Elliott (D-Lowell). “This legislation ensures that pet cemeteries are upheld with the dignity and respect they deserve."

BILLS STUCK IN COMMITTEE – These three bills were all given initial approval by the House in April but have not moved since. They are stuck in the Bills in Third Reading Committee.

EXPAND PROPERTY TAX ABATEMENTS FOR POLICE AND FIREFIGHTERS (H 2890) - Would expand the current law which provides a property tax abatement to the surviving spouses and minor children of police officers and firefighters “killed in the line of duty.” The bill provides that the abatement also go to the families of officers who “died in the line of duty.”

“Killed in the line of duty” has a limited definition usually meaning the individual lost their life in an incident, accident or due to violence that are directly related to their service. “Died in the line of duty” is broader and can account for a number of medical emergencies like stroke or heart attack.

"This legislation honors the sacrifice of our brave police and firefighters," says sponsor Rep. Paul McMurtry (D-Dedham). “This simple language change will assure that surviving family members receive the tax benefit they are deserving of and what I believe was the original intention of the exemption."

TAX INCENTIVE FOR URBAN AGRICULTURE (H 2852) – Would promote urban agriculture and horticulture by allowing Gateway cities as well as cities and towns, with populations of more than 50,000, to exempt from property taxes any land of two acres or less that is used for commercial urban agriculture and horticulture. Additionally, the parcel must have had at least $500 in gross sales of agricultural or horticultural products in the prior year to be eligible for the tax exemption.

“Rep. Vanna Howard (D-Lowell) and I filed this bill together to support small-scale urban agriculture, which expands access to healthy food and promotes economic growth in cities,” says co-sponsor Rep. Hannah Kane (R-Shrewsbury). “In addition to these benefits, urban agriculture also improves environmental health and makes local food systems more resilient. By incentivizing urban agriculture, this bill will help cities obtain the benefits of these operations.”

INCREASE PARKING FINES (H 3326) – Would allow cities and towns to double the maximum fine for some parking violations. Current law sets a maximum fine for many violations at $50 if paid within 21 days, $55 if paid after 21 days and $75 if paid after the parking clerk reports the parking offense and fine to the Registry of Motor Vehicles.

The bill increases the fines to $100 if paid within 21 days, $110 if paid after 21 days and $150 if paid after the parking clerk reports the parking offense and fine to the Registry of Motor Vehicles.

Rep. Susan Gifford (R-Wareham), the bill’s sponsor, says the current maximum fines have not been changed since 2004, nearly twenty years ago. “This bill does not establish any minimum fines or mandate an increase in any existing fines,” continued Gifford. "It merely gives communities the option to adopt policies that better suit local needs and enforcement priorities.”

QUOTABLE QUOTES

“Ensuring every student can read is fundamental to all other education goals and right now we are failing miserably. Progress on literacy cannot wait another day. Failure to act is costing our students and threatening their futures.”

--- Ed Lambert, executive director of Massachusetts Business Alliance for Education, urging legislators to pass legislation that would expand the use of science-based literacy instruction to address the state’s early literacy crisis.

"The total lack of respect displayed by Secretary Santiago towards the single largest veteran's organization in the commonwealth and the world, the 35-000-member strong Department of Massachusetts American Legion, requests you remove Secretary Santiago from his position of Secretary of Executive Office of Veterans Services.”

--- From a letter sent by the Massachusetts chapter of the American Legion to Gov. Maura Healey, urging that she fire cabinet member Jose Santiago, secretary of Veteran’s Services because he has broken tradition with previous veterans affairs secretaries in not attending certain meetings, conventions and banquets when invited.

"[Secretary Santiago] has demonstrated extensive engagement with the veteran community."

--- Response from the Executive Office of Veterans Services, noting Santiago or someone from his office has attended at least 16 events and visits with the American Legion over the past 16 months, nine of which Santiago personally attended.”

“We have the responsibility of ensuring that mental health care is accessible in every community in our state, especially those that have been historically underserved. This investment paves the way for enhanced Behavioral Health Urgent Care services, ensuring extended hours, telehealth appointments and timely care for those in need.”

---Secretary of Health and Human Services Kate Walsh, announcing $2.8 million in grant awards to several community-based clinics to make mental health urgent care more widely available in high-need areas.

“It’s vital that our communities have access to the resources, tools and guidance necessary to protect against increasingly frequent and sophisticated cybersecurity threats. Through these programs, our administration has undertaken a collaborative approach to equip state agencies and local communities with funding to help prevent, prepare for and recover from attacks on our digital infrastructure.”

---Gov. Maura Healey announcing the award of some $7 Million in federal grant funds to local governments and state agencies to enhance cybersecurity initiatives and reduce cyber risk for public agencies statewide.

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.

HOW LONG WAS LAST WEEK’S SESSION?

During the week July 15-19. the House met for a total of 19 hours and 59 minutes and the Senate met for a total of 13 hours and 42 minutes.

Mon. July 15 House 11:00 a.m. to 11:07 a.m.

Senate 11:05 a.m. to 11:44 a.m.

Tues. July 16 No House session

No Senate session

Wed. July 17 House 11:01 a.m. to 7:33 p.m.

No Senate session

Thurs. July 18 House 11:00 a.m. to 5:48 p.m.

Senate 11:04 a.m. to 9:29 p.m.

Fri. July 19 House 11:04 a.m. to 3:36 p.m.

Senate 1:10 p.m. to 3:48 p.m.