12-01-2024 5:05am

Beacon Hill Roll Call

Alan Earls Editor

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week's report, e-mail us at bob@beaconhillrollcall.com or call us at
(617) 720-1562

Beacon
Hill Roll Call

Volume
49 - Report No. 48

November
25-29, 2024

By
Bob Katzen

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THE HOUSE AND SENATE: There were no
roll calls in the House or Senate last week.

The 2025-2026 legislative session is
scheduled to begin in January. One of the first orders of business in
the Senate will be the adoption of the rules under which the Senate
will operate during the next two years.

One of the proposed changes that
will be debated is an attempt by the Republican minority to make it
more difficult for the Senate to conduct late-night sessions. The
makeup of the new Senate will consist of 36 Democrats and four
Republicans.

Under current rules, a two-thirds
roll call vote is required for the Senate to conduct its session
beyond 8 p.m. A separate two-thirds roll call vote is required for
the Senate to continue beyond midnight.

For the 2023-2024 session, the
Republicans proposed two changes to those rules. The first would
require a separate two-thirds vote for the session to continue after
10 p.m. and go until midnight. The second would require a unanimous
vote for the Senate to meet beyond midnight.

"I voted in favor of these
amendments as a check on how the Senate operates beyond normal
business hours,” said Sen. Ryan Fattman (R-Sutton). “It's
important that these [changes take place] … going into the next
legislative session, in order to discourage the habit of debating and
passing legislation under the cover of darkness and bring more
transparency to the legislative process.”

“The Senate rejected a couple of
rule changes in order to justify more secrecy,” said Paul Craney, a
spokesperson for the Mass Fiscal Alliance. “It’s a tremendous
disservice to the taxpayers and their constituents. The Senate should
not be meeting in the very late or early morning hours to conduct
their official business. Unfortunately, in Massachusetts, the
legislative process is very broken.”

Opponents of the two new rules say
the current Senate rules are sufficient.

“On rare occasions to complete
critical work such as lowering housing costs or reforming the
prescription drug industry, the Senate meets beyond regular business
hours and into the evening,” said a spokesperson for Senate
President Karen Spilka (D-Ashland). “Under the Senate rules
approved by members for the [2023-2024 session], two-thirds of the
members must vote in order to continue a session beyond 8 p.m. and
two-thirds must also vote in order to continue beyond midnight.”

Here is how your local senators
voted on the two new rules for the 2023-2024 session. The same two
new rules will likely be considered by the incoming 2025-2026
session.

REQUIRE
A TWO-THIRDS VOTE TO GO BEYOND 10 P.M.

Senate 4-34, rejected an amendment
that would require a two-thirds vote for the Senate to continue any
session beyond 10 p.m. and continue the session until midnight. This
would be in addition to a current Senate rule that requires a
two-thirds vote to continue a session beyond 8 p.m. and a two-thirds
vote to continue a session beyond midnight.

Amendment supporters said requiring
the two-thirds vote will ensure that late-night sessions between 10
p.m. and midnight, when legislators are tired and many citizens are
already sleeping, do not become the norm but are allowed only when a
vast majority of senators favor it.

Amendment opponents said the current
rules requiring a two-thirds vote to go beyond 8 p.m. and another
two-thirds vote to go beyond midnight are sufficient and argued there
is no need to add another layer.

(A “Yes” vote is for requiring a
two-thirds vote to go beyond 10 p.m. and continue until midnight. A
“No” vote is against it.)

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

REQUIRE
UNANIMOUS VOTE TO GO BEYOND MIDNIGHT

Senate 4-34, rejected an amendment
that would require a unanimous vote for the Senate to continue any
session beyond midnight. Current Senate rules require a two-thirds
vote to go beyond midnight.

Amendment supporters said sessions
after midnight, when taxpayers are sleeping, and some members are
barely awake, are irresponsible and should only be held if 100
percent of the senators agree there is a major emergency.

Amendment opponents said going
beyond midnight currently is only done when there is an emergency.
They said it is often impossible to get a unanimous vote on anything
and argued it is not wise to give a single member the power to
essentially adjourn the Senate.

(A “Yes” vote is for requiring a
unanimous vote to go beyond midnight. A “No” vote is against
requiring it.)

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

ALSO
UP ON BEACON HILL

BAN NICOTINE AND TOBACCO – A trio
of legislators announced they plan to co-sponsor legislation aimed at
eventually ending the sale of all nicotine and tobacco products in
the Bay State. Sen. Jason Lewis (D-Winchester) and Reps. Tommy Vitolo
(D-Brookline) and Kate Lipper-Garabedian (D-Melrose) said they will
file the bill for consideration in the 2025-2026 legislative session.

The proposal will not take away the
right to purchase nicotine and tobacco products from anyone who is
already legally able to do so. Instead, the measure would prohibit
people under 21 who are not currently old enough to legally purchase
nicotine and tobacco products, to ever be lawfully able to purchase
these products in Massachusetts.

“We all know the devastating
health effects of nicotine and tobacco products, especially on our
youth who are targeted by Big Tobacco,” said Sen. Lewis. “This
bill will save countless lives and create a healthier world for the
next generation."

“This legislation treats everyone
fairly,” said Rep. Vitolo. “Those who are not old enough now to
obtain nicotine products will never be old enough to buy them in
Massachusetts. Those who are old enough today will always be old
enough. This problem is going to take a generation to solve, and with
this legislation we can solve it, one day at a time.”

“We already have laws that prevent
tobacco retailers from selling to anyone under 21 - and they check
IDs diligently,” responded Peter Brennan, executive director of the
New England Convenience Store and Energy Marketers Association. “The
current system works. Prohibiting adults from purchasing legal
tobacco products in a regulated environment such as local stores is a
misguided infringement on adults’ rights and will do nothing to
address youth tobacco use.”

ATTORNEY GENERAL CAMPBELL ISSUES
CITATIONS TO SOME BURGER KING FRANCHISE OWNERS - Attorney General
Andrea Campbell announced that her office has issued citations
totaling more than $2 million against Northeast Foods LLC, a company
which operates dozens of Burger King franchise locations across the
Bay State, for violating various state employment laws, including
child labor laws. The citations include restitution for unpaid wages
and penalties.

Campbell alleges that the operator
violated Massachusetts’ child labor laws, between January 2022 and
March 2023 when it scheduled minors for work during legally
prohibited hours and in excess of the state’s limit of nine daily
working hours for workers that are 16- and 17-years old. She also
alleges that the Burger King franchise operator failed to pay minimum
wage and make timely payments to workers, and in some instances,
failed to pay any wages to workers.

“Our workplace laws exist to
provide crucial rights and protections to our workforce,” said
Campbell. “My office will continue to enforce these laws to protect
and empower workers, including young workers who contribute to their
communities and gain new skills and experiences.”

AUDIT OF THE DEPARTMENT OF EARLY
EDUCATION AND CARE - State Auditor Diana DiZoglio released the
results of an audit of the Department of Early Education and Care
(EEC), reviewing the period from January 1, 2021 to December 31,
2022.

EEC, which licenses approximately
9,000 childcare-related programs that support an average of 55,000
children daily, has responsibilities including providing financial
assistance for childcare services to families with low incomes,
providing parenting support to families and providing professional
development opportunities to employees in the field of early
education and care.

The audit’s findings include
charges that EEC did not conduct licensing visits to residential
programs within the required timeframes. The report noted that EEC
cannot ensure that its residential programs operate within safe and
healthy environments if it does not complete licensing visits within
the required period.

The report also alleges that EEC did
not review or initiate investigations of all reports of suspected
child abuse and neglect in its licensed programs and failed to
conduct all required background record checks for all employees of
its licensed residential programs.

“Our Early Education and Care
audit has identified serious issues that put children at risk,”
said DiZoglio. “These concerns must be immediately addressed so
children are protected. We urge the administration to respond with
the urgency that this matter requires and look forward to our
post-audit review in six months to track progress on our
recommendations.”

$3.8 BILLION TO ADDRESS SEXUAL AND
DOMESTIC VIOLENCE – Gov. Maura Healey announced that the state
awarded $3.8 million in state and federal funds to support state,
local and nonprofit agencies working to combat intimate partner
violence, sexual assault, human trafficking and stalking.

“This grant funding reaffirms our
deep commitment to ensuring a future where every individual can live
with dignity, respect and without fear of abuse,” said Healey. “By
investing in programs that support healing and justice, these grants
will provide essential resources for survivors of domestic and sexual
violence, human trafficking and stalking. Professionals across
sectors will be empowered to deliver trauma-informed, accessible
services to help survivors rebuild and thrive.”

“Safe, reliable access to services
is vital for survivors of sexual and domestic violence,” said
Public Safety and Security Secretary Terrence Reidy. “By fostering
strong partnerships among prosecutors, law enforcement and service
providers, we create a network of life-saving support that reaches
those who need it most. With these grants, state, local and nonprofit
agencies are empowered to deliver critical interventions and services
that help survivors on their path to healing and recovery.”

GOVERNOR’S COUNCIL CERTIFIES
PRESIDENTIAL ELECTION RESULTS – The Governor's Council certified
the results of the election of Massachusetts's eleven electors for
the offices of U.S. president and vice-president. All 50 states have
to certify their votes in the federal election and send them to
Congress to be counted before the Electoral College gathers on
December 17 to cast their state's electoral votes to make
President-elect Donald Trump's victory official.

Preliminary results show Harris
received more than 61 percent of the Massachusetts vote and Trump won
36.5 percent. Secretary of State Bill Galvin’s office announced
that 3,512,866 Massachusetts voters participated in the Nov. 5
election, representing the second highest number of ballots cast in
Massachusetts history, just behind the 3,657,972 ballots cast in
2020.

"I … want to commend the
secretary of state's office for their continued perfect
administration of elections here in the commonwealth,” said Gov.
Healey. “We thank you for your work in this election and all
elections.”

"The turnout in Massachusetts
appears to reflect a national trend, with a significant drop in
participation in several of our cities, especially those with larger
minority populations, and a slightly smaller rise in turnout in the
more rural and suburban areas of the state," said Galvin.

QUOTABLE
QUOTES

“Since launching our Office of
Outdoor Recreation, we have made it our mission to ensure that the
outdoors is accessible and inclusive to everyone. Our approach is
fueling local economies and empowering communities and organizations.
This report demonstrates that we can drive business growth and foster
connections with our natural resources at the same time.”

---Energy and Environmental Affairs
Secretary Rebecca Tepper on new figures from the U.S. Department of
Commerce’s Bureau of Economic Analysis reporting the significant
expansion of Massachusetts’ outdoor recreation economy which
generated $13.2 billion in value added to the state’s economy in
2023 and created 103,600 jobs.

“It is extremely important to
deter bars from over-serving and prevent problems before they happen.
We want to keep people safe and make sure everyone can enjoy the
holidays with their family and friends, avoiding tragedies before
they occur."

---State Treasurer Deb Goldberg
announcing that the Alcoholic Beverages Control Commission which she
chairs, will be conducting alcohol enforcement at local bars in in
Massachusetts cities and towns from Thanksgiving Eve through New
Year's Eve

“The educational experience of all
students — regardless of their racial and ethnic background —
will be enriched by having diverse teachers throughout their learning
journey. Our students need our public schools to recruit and retain
more exceptional educators of color, and now we have one more tool to
help us do that.”

---Massachusetts Teachers
Association (MTA) President Max Page, applauding the inclusion of key
elements of the MTA-backed “Educator Diversity Act” in the
economic development bill just signed into law by the governor.

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 November 25-29,
the House met for a total of 37 minutes and the Senate met for a
total of 34 minutes.

Mon
Nov. 25 House 11:00 a.m. to 11:27 a.m.

Senate 11:06 a.m. to
11:24 a.m.

Tues.
Nov. 26 No House session

No Senate session

Wed.
Nov. 27 House 11:00 a.m. to 11:10 a.m.

Senate 11:06 a.m. to
11:22 a.m.

Thurs.
Nov. 28 No House session

No Senate session

Fri.
Nov. 29 No House session

No Senate session

Bob Katzen welcomes feedback at
bob@beaconhillrollcall.com