10-06-2024 4:17am

Beacon Hill Roll Call

Alan Earls Editor

Diana DiZoglio

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THE
HOUSE AND SENATE. There were no roll calls in the House or Senate
last week. This week, Beacon Hill Roll Call looks at Question 1, one
of the five questions on the ballot that will be decided directly by
the voters in November.

The
question asks voters if they approve of a proposed law that would
allow the state auditor to audit the Legislature.

The
actual language of the proposal is as follows:

“The
department of the state auditor shall audit the accounts, programs,
activities and functions directly related to the aforementioned
accounts of all departments, offices, commissions, institutions and
activities of the commonwealth, including those of districts and
authorities created by the General Court and the General Court
itself, and including those of the income tax division of the
department of revenue, and for such purposes, the authorized officers
and employees of the department of the state auditor shall have
access to such accounts at reasonable times and the department may
require the production of books, documents, vouchers and other
records relating to any matter within the scope of an audit conducted
under this section or section 13, except tax returns.”

The
long trip of this question to the ballot started in 2023 when Diana
DiZoglio, the newly elected state auditor, announced she
had launched an audit of the Massachusetts Legislature—something
she promised in her 2022 campaign.

“As
I committed, my office has begun an audit of the state Legislature,”
said DiZoglio. “We hope this will increase transparency,
accountability and equity in an area of state government that has
been completely ignored. Historically, the Legislature has been a
closed-door operation, where committee votes have been hidden from
the general public and legislation has been voted on in the dark of
night.”

House
Speaker Ron Mariano (D-Quincy) responded. “That your office has the
legal authority to conduct an audit of the General Court is a claim
entirely without legal support or precedent, as it runs contrary to
multiple, explicit provisions of the Massachusetts Constitution, and
is wholly unnecessary as the public currently has full and ready
access to the House's financial information,” said Mariano in a
letter to DiZoglio.

“All
of the House's accounts are available on the Commonwealth's Financial
Records Transparency Platform (“CTHRU”) webpage, which can be
viewed at www.macomptroller.org/cthru,”
continued the letter. “There are no expenditures of the House that
are not posted on CTHRU and available for public inspection.
Additionally, the House adopts rules for each legislative session,
including a rule that requires all House accounts to be independently
audited on an annual basis in accordance with auditing standards
generally accepted in the United States of America and the standards
applicable to financial audits contained in Government Auditing
Standards, issued by the Comptroller General of the United States and
that the audit report be filed with the House Clerk for public
inspection.”

Enter
Attorney General Andrea Campbell. In November 2023, Campbell’s
office stepped in, saying the auditor “does not currently have the
legal authority to audit the Legislature without the Legislature’s
consent.”

“Massachusetts
has one of the least transparent legislatures in the country, and a
legislative audit would shine sunlight on an infamously opaque
body,” DiZoglio
told Beacon Hill Roll Call last week. “This ballot measure
would simply provide parity so that the Legislature receives the same
type of audit conducted of all other state entities.

Our
incredible bipartisan coalition of advocates and activists agree,
including Progressive Massachusetts, Progressive Democrats of
Massachusetts, Act on Mass, the Massachusetts Voter Table, the
Massachusetts Democratic Party's State Committee, the MassGOP, the
Coalition to Reform our Legislature, the Pioneer Institute,
MassFiscal Alliance, Our Revolution and more. Most recently, the
Boston Globe Editorial Board endorsed a yes vote on Question 1,
saying it’s 'simply the right thing to do.’”

Here
are the official arguments, gathered by the secretary of state, by
each side of the question.

IN
FAVOR: Written
by Neil Morrison, Committee
for Transparent Democracy, 617-297-8476 www.auditthelegislature.com

“A Yes
Vote on Question 1 expressly authorizes the state auditor
to audit the Massachusetts Legislature. The state auditor is
independently elected by the people of Massachusetts to audit every
state entity to help make government work better. The State
Legislature is the only state entity refusing to be audited by the
state auditor’s office.

Legislative
leaders claim it is sufficient for the Legislature to conduct audits
of itself through a procured private vendor. However, the
Massachusetts Legislature is continuously ranked as one of the least
effective, least transparent legislatures in America and is one of
only four legislatures that exempts itself from public records laws.
Support for this initiative will help the state auditor’s office
shine a bright light on how taxpayer dollars are spent to help
increase transparency, accountability and accessibility for the
people of Massachusetts.

Vote
“Yes” to expressly authorize the state auditor to audit the
Legislature.”

AGAINST:
Written by Jerold
Duquette, Professor of Political Science, Central Connecticut State
University, 860-832-2964 www.masspoliticsprofs.org

“A
legislative audit conducted by the state auditor, who is an executive
branch official, without the Legislature’s consent would violate
the separation of powers and legislative supremacy described in and
required by the Massachusetts Constitution. The performance audits
conducted by the state auditor measure administrators’ performance
in achieving the legislatively determined goals of the public
policies they administer.

The
state auditor cannot substitute her interpretation of those goals for
the Legislature’s without compromising the constitutional
independence and preeminence of the Legislature. If enacted,
Question 1 would make the state auditor into a political actor and a
potentially influential participant in the legislative process, two
roles that would clearly compromise the state auditor’s ability to
carry out her fundamental constitutional duty to conduct credible,
independent, objective and nonpartisan audits of state government
departments and programs.”

ALSO
UP ON BEACON HILL

FOSTER
HOMES AND DOGS (H 4911) – The House and Senate gave final approval
to and sent to Gov. Maura Healey a bill that would ban the Department
of Children and Families (DCF) from prohibiting placement of a child
in a foster home solely based on the presence of any specific breed
of dog in the home. The bill also updates animal cruelty and abuse
reporting regulations for human services employees or contractors.

Supporters
said that currently DCF is allowed to prohibit placement of a child
in a home with German Shepherds, Pit Bulls and Rottweilers.

“Current
DCF regulations for foster homes impose a blanket ban on certain
breeds of dogs,” said sponsor Rep. Jack Lewis (D-Framingham).
“Instead of eliminating countless prospective families, this bill
empowers DCF to undertake a holistic review of the family, child and
dog to ensure appropriate placement. This bill also amends reporting
laws for animal abuse, extending the timeframe in which human
services employees or contractors can report animal abuse.

Lewis
continued, “As co-chair of the Protecting Animal Welfare
Caucus, I am proud to spearhead the passage of this bill in the
House. There is an urgent need for supportive foster families in the
commonwealth, and this bill will open many loving homes to adoptive
and foster children.”

COMMISSION
TO COMBAT ANTISEMITISM – Rep. Simon Cataldo (D-Concord) and Sen.
John Velis (D-Westfield) have been appointed by House Speaker Ron
Mariano (D-Quincy) and Senate President Karen Spilka (D-Ashland) to
lead the state's new Commission On Combating Antisemitism.

“The
work is urgent and the mission is critical,” said the pair in a
joint statement. “Over the past several years, our commonwealth has
earned the ignominious reputation as a hub of antisemitic activity.
We have heard it through harrowing accounts from Jewish students,
parents, educators and people of all backgrounds who feel it on a
visceral level in our communities. And we see it in the 2023 data.”

They
noted that the 189 percent increase in antisemitic incidents in
Massachusetts outpaced the 140 percent increase in such incidents
nationwide. They said that vandalism increased by 70 percent,
harassment increased by 444 percent, the number of assaults doubled
and that 127 cities and towns in Massachusetts saw at least one
antisemitic incident last year.

“This
is not OK,” said Cataldo and Velis. “These trends must be -- and
can be -- reversed through concerted action. The commission will work
with great dispatch to meet our statutory charge to provide specific,
evidence-backed guidance on how to implement the White House's
national strategy to counter antisemitism, improve awareness in
schools and the workplace, address harassment and hate crimes,
bolster security for places of worship and build upon existing best
practices and more.

They
continued, ”We will approach this exercise with humility and care,
recognizing that antisemitism is a fraught and complicated topic in
today's society. Our work will not, however, be compromised by those
who believe the problem of antisemitism is being exaggerated -- it is
not -- or who feel that a singular focus on antisemitism for a
commission is inappropriate. Antisemitic fear mongering, conspiracy
peddling and hate have for millennia been a harbinger of wider
threats to democracy and peace throughout the world. This commission
will work towards stamping it out in Massachusetts.”

FREE
COMMUNITY COLLEGE TUITION – The state officially launched
MassEducate which allows Massachusetts residents who do not already
hold a bachelor’s degree the opportunity to attend any of the
state’s 15 public community colleges and pay no tuition or fees.

MassEducate
builds
on the first successful year of the MassReconnect program which
provides free community college to students 25 and older. More than
4,500 students statewide received MassReconnect grant awards in the
2023-24 academic year.

MassEducate
expands the law and offers the free tutition to all other residents
in addition to those 25 and older. Suporters noted that the Bay State
now has one of the most accessible, equitable and comprehensive free
community college programs in the country for full-time and part-time
students, regardless of income.

To
be eligible for free community college, candidates must have a high
school diploma or equivalent; live in Massachusetts for at least one
year with an intent to stay in the state; maintain satisfactory
academic progress according to the college’s requirements; and not
be in default on any federal or state educational loan.

For
more information about financial aid opportunities and how to apply
for free tutition, go to Mass.Gov/StudentAid

“We
knew that MassReconnect would be transformative for thousands of
students, for our amazing community colleges and for our economy –
and that was only the beginning,” said Gov. Healey. “This
universal free community college program will continue to transform
opportunities for students and strengthen our workforce.
Massachusetts’ community colleges are economic drivers, helping
students move ahead in their careers and meeting the needs of our
employers.”

“We
heard from MassReconnect students that the commonwealth’s
investment in them was game-changing and now we are offering that
opportunity to our full and part-time students across the
commonwealth,” said Education
Secretary Dr. Patrick Tutwiler. “Massachusetts’
comprehensive free community college program is a true testament to
Massachusetts’ commitment to increasing access and affordability in
higher education so students can realize their dreams.”

“Universal
free community college is transformative,” said Senate President
Karen Spilka (D-Ashland). “MassEducate will deliver an education to
every resident who wants one, fill workforce shortages faced by our
businesses and has already reversed a decade of enrollment decline.
Our community colleges are well-positioned to support this program,
which will change the life trajectories of many students and their
families.”

HEALEY
BLOCKS SUSPENSION OF GUN LAW CHANGES – Gov. Healey attached an
emergency preamble to the bill, recently signed by the governor, that
changed some of the state’s gun laws. The emergency preamble makes
the law take effect immediately instead of on Oct. 23 as
originally scheduled. The move came on the heels of the announcement
of a campaign to repeal the law by gathering the 37,287 signatures
required to place it on the 2026 ballot.

Under
the Massachusetts Constitution, if a ballot campaign collects a
certain number of signatures, it can prevent the implementation of a
law without an emergency preamble from taking effect until voters
weigh in on whether to repeal it. The emergency preamble prevents
suspension while still allowing the repeal campaign to take place.

A
group of gun owners and Second Amendment supporters formed the Civil
Rights Coalition to repeal the law. The group said they are "very
confident" about gathering enough voter signatures before an
Oct. 9 deadline that marks the next hurdle en route to giving voters
the final say on the matter.

"It's
like telling Subaru they can no longer sell a Subaru Forester, the
best-selling vehicle in their lineup,” said Toby Leary, a co-owner
of Cape Gun Works in Hyannis and chair of the repeal coalition.
“That's basically what the state is doing to these businesses:
they're saying you can no longer sell one of the largest and most
profitable segments of your business.”

“Gov.
Healey is once again putting our safety first by taking meaningful
steps to protect our communities from gun violence,” said Olivia
Benevento, a volunteer leader with the Northeastern University
Students Demand Action Chapter. “For decades, the gun lobby
has gotten richer while my generation continues to pay the price.”

Provisions
of the new law 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.

QUOTABLE
QUOTES

“When
employers violate our laws, including crucial protections for sick
time that enable workers to take care of themselves and their
families, vulnerable workers across the commonwealth are unfairly
harmed. I am proud of my team for their work, which will not only
provide meaningful financial restitution to these workers but will
also remind employers that Massachusetts is serious about protecting
its workforce.”

---
Attorney General Andrea Campbell announcing close to $1 million in
citations against five employers for their failure to comply with
Massachusetts’ sick time law and other worker protections. The
citations include over $690,00 in restitution for impacted workers
and over $274,000 in penalties.

“Our
parks come alive in the fall, and we want everyone to have the best
opportunity to experience the beauty of Massachusetts' natural
landscapes. The new interactive foliage map will make it easier than
ever to enjoy the season, whether you're planning a weekend getaway
or a day trip to one of our parks.”

---
Department of Conservation and Recreation Commissioner (DCR) Brian
Arrigo announcing the rollout of a new interactive Fall
Foliage Map
designed to allow residents and visitors to better plan their foliage
viewing by providing updates on peak foliage conditions at DCR
properties across Massachusetts.

See
the map at: Fall
Foliage Map Fall
Foliage Map

“We
want Massachusetts to be the best and healthiest place in the world
not just for some, but for all families, all women and all people in
our state. Birth centers have a critical role to play in ensuring
that women receive high-quality care each step of the way in their
pregnancies.”

---Gov.
Healey announcing $1 million in grants to increase capacity and
accessibility for freestanding community birth centers in the Bay
State.

"I
just thought it would be wonderful to bring them in as adults and
just talk about that experience and see what impact it had on their
lives.”

---Rep.
Jeff Roy (D-Franklin) on the reunion at the Statehouse of a group of
second grade students from the John F. Kennedy Memorial School in
Franklin who in 1974, as a class project, successfully got a law
passed that made the ladybug the official state insect.

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 Sept. 30 - October 4, the House met for a total of 17
minutes and the Senate met for a total of 39 minutes.

Mon.
Sept. 30 House 11:00 a.m. to 11:07 a.m.

Senate
11:09 a.m. to 11:18 a.m.

Tues.
Oct. 1 No House session

No
Senate session

Wed.
Oct. 2 No House session

No
Senate session

Thurs.
Oct. 3 House 11:03 a.m. to 11:13 a.m.

Senate
11:10 a.m. to 11:40 a.m.

Fri.
Oct. 4 No House session

No
Senate session

Bob
Katzen welcomes feedback at bob@beaconhillrollcall.com