Beacon Hill Roll Call

Beacon
Hill Roll Call

Volume
49 - Report No. 51

December
16-20, 2024

Copyright
© 2024 Beacon Hill Roll Call. All Rights Reserved.

By
Bob Katzen

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THE
HOUSE AND SENATE: There were no roll call votes in the House or
Senate last week. Both branches spent most of their time in session
listening to the farewell speeches of legislators who will not be
returning to the Legislature next year.

The
2023-2024 Legislative session ends on January 1, 2025. At that time,
all bills that have not been given final approval by both the House
and the Senate and sent to the governor die.

Many
of the bills that
will
die have not been approved by either branch. But there are several
measures that were given initial approval with little or no debate by
the House. Following initial approval, the proposals automatically go
to the House Committee on Bills in Third Reading (BTR), whose
job it is to review the bill and check the contents for legal
technicalities and proper citations. After the bill is released by
BTR, it is considered and debated by the House and then put up for an
up or down vote.

Under
House Rule 28A, BTR has 45 days to report out the bill to the House
floor for debate and a vote.

The
rule reads: “The
committee on Bills in the Third Reading shall report on a legislative
matter not later than 45 days following the day the matter was
referred to it. The Clerk shall indicate on the Calendar entry
of every matter before the committee on Bills in the Third Reading
the date that said matter was referred to said committee.”

Beacon
Hill Roll Call has found four bills that many months ago were given
initial approval by the House with little or no debate and were sent
to BTR where they have all lingered much longer than 45 days and will
die if not acted upon by January 1.

Beacon
Hill Roll Call believes that BTR is violating House rules by keeping
the bills in committee and not reporting them out after 45 days as
required under House rules. This tactic is often used by BTR and
other House committees to bottle a measure up and ultimately defeat
it by running out the clock.

There
is a way for the sponsor of a bill, or any other member, to force the
bill onto the floor for a vote. Under House rules, after 45 days, all
it takes is one House member to force the bill out of committee by
raising a point of order that the BTR committee is in violation of
House rules by keeping a bill that has been before BTR for more than
45 days. The committee would then be directed to report the bill to
the House floor for debate and a vote. If a member never mentions
this point of order, the committee continues to hold the bill,
without any consequences.

Rarely,
if ever, does a member go that route against the wishes of the
leadership and the committee chair. A state representative who
requested anonymity told Beacon Hill Roll Call, "It's no secret
that Speaker Mariano controls the flow of legislation and a bill
makes progress in the House only when he wants it to. Every member
knows that one of the biggest sins is to publicly make a motion, to
discharge a bill from a committee. The leadership frowns upon that.”

Some
argue the committee is often a burial ground for bills that will
never again see the light of day. They noted that sometimes even
one-page bills have been tied up in the committee for months. They
say it is outrageous to think that the committee needs months to
check a one-page bill for accuracy, grammatical errors, duplication,
consistency and constitutionality.

Others
say the committee has many bills to review and that it takes time to
do the job properly.

Rep.
Tom Walsh (D-Peabody), House chair of the Bills in Third Reading
Committee, did not respond to repeated requests by Beacon Hill Roll
Call asking him if he is violating House rules and why the four bills
are still stuck in his committee. The office of House Speaker Ron
Mariano (D-Quincy) did not respond to repeated requests asking the
speaker if Walsh is violating House rules.

House
Minority Leader, Rep. Brad Jones (R-North Reading), told Beacon Hill
Roll Call, "While none of these bills are ones that I am
currently co-sponsoring, it’s certainly the prerogative of any
member to ask that these bills be moved from committee if they so
desire. That being said, my focus over the next few weeks will be on
putting together a package of meaningful rules reforms for the
2025-2026 session that will promote greater transparency,
accountability and increased public awareness of the legislative
process." Jones did not respond to the question of whether he
thinks that Rep. Walsh is violating House rules by keeping the bill
in committee.

Rep,
Marc Lombardo (R-Billerica) who is currently running against Jones
for the position of GOP House Minority Leader did not respond to
repeated requests by Beacon Hill Roll Call to comment on the
situation.

Here
are the four bills that were all approved by the House more than 45
days ago:

ONLINE
CAR SALES (H 351) – On February 12, 2024, the House gave initial
approval to a bill that makes online sales of cars subject to the
same law as if the sales were executed at the dealership's physical
place of business.

Supporters
said the bill aims to modernize the law regarding online car buying
by not forcing dealers to provide a 3-day return policy for online
auto purchases. The measure would make it so the businesses selling
these cars would have the choice to make all purchases final as long
as that fact is clearly disclosed to the customer, instead of making
the dealer pay for the sometimes significant transportation costs
associated with a customer changing their mind. They noted that
people shopping for a car online have the benefit of a lot of
information to make this important decision, as well as the luxury to
shop for many cars at once located over a great distance.

Reps.
Jack Lewis (D-Framingham) and Priscila Sousa (D-Framingham), the
co-sponsors of the proposal did not respond to repeated requests by
Beacon Hill Roll Call asking them if they think BTR is violating
House rules by holding up the measure and if they would move to
discharge the bill from BTR.

FORTUNE
TELLERS (H 3893) – On February 15, 2024, the House gave initial
approval to legislation that would eliminate the current state law
requiring that all fortune telling applicants must have lived in the
city or town in which they are seeking their license to practice for
at least one continuous year prior to filing their application.

Supporters
said the bill will remove an old law that has become antiquated and
makes no sense.

Sponsor
Rep. Susannah Whipps (U-Athol) did not respond to repeated requests
by Beacon Hill Roll Call asking her if she thinks BTR is violating
House rules by
holding up the measure and if she would move to discharge her bill
from the committee.

INCREASE
FINES FOR VIOLATING HANDICAPPED PARKING (H 3261) – On February 22,
2024, the House gave initial approval to a proposal that would allow
cities and towns to increase the current $300 maximum fine for
parking illegally in a parking space reserved for persons with
disabilities. That $300 fine is set by the state and goes into the
municipalities’ General Fund. The measure would allow cities and
towns to impose an additional $450 fine - making the total fine $750.
The additional $450 would be placed into a specialized local account
to be used for Americans with Disabilities Act (ADA) upgrades in the
city or town where the violation occurred. The original $300 fine
would still go into the community’s General Fund.

Supporters
said that across the state, cities and towns have plans to make their
communities more accessible but oftentimes a lack of funding prevents
them from enacting their plans. They noted that this bill allows them
to place some of the financial burden on the backs of those who
violate the laws that exist to protect the rights of people with
disabilities.

Sponsor
Rep. Bruce Ayers (D-Athol) did not respond to repeated requests by
Beacon Hill Roll Call asking him if he thinks BTR is violating House
rules by
holding up the measure and if he would move to discharge his bill
from the committee.

ROSA
PARKS DAY (H 3075) – On February 26, 2024, the House gave initial
approval to legislation designating February 4th as Rosa Parks Day,
“in lasting recognition of a historic civil rights leader.”

Supporters
said it is long past time to honor this hero of the civil rights
movement whose courageous act to challenge segregation kindled and
continues to inspire the fight for justice and equality of all
people.

Co-Sponsors
Reps. Mike Kushmerek (D-Fitchburg) Kip Diggs (D-Barnstable) did
not respond to repeated requests by Beacon Hill Roll Call asking them
if they think BTR is violating House rules by
holding up the measure and if they would move to discharge their
bill from the committee.

ALSO
UP ON BEACON HILL

IT’S
LOMBARDO VS. JONES IN A RACE TO BE GOP HOUSE MINORITY LEADER - Rep.
Marc Lombardo (R-Billerica) announced his candidacy for House GOP
Minority Leader. He is challenging current GOP Minority Leader Rep.
Brad Jones (R-North Reading) who has been a representative for 30
years and has held the leadership post since 2002. Lombardo is a
14-year incumbent who first took office in 2011.

The
election will take place on January 1 when the Legislature convenes
the 2025-2026 session.

“Massachusetts
is at a crossroads,” said Lombardo. “For too long, the voices of
our communities have been overshadowed by the Democratic Party’s
monopoly on power. Our Republican Caucus has a duty to provide a real
alternative, one that champions fiscal responsibility, individual
liberty and the values that make Massachusetts a great place to live
and work. To do this, we need leadership that is dynamic,
collaborative and unafraid to chart a new course.”

“The
current Republican leadership has repeatedly failed to be a voice of
reason at a time when Democrats continue to pass laws that are
crippling the economy and making Massachusetts one of the most
expensive states in the country to live in,” he continued. “Hard
working people across the commonwealth are suffering as a direct
result of these failed progressive policies that the Republican
leader has supported. Energy costs are through the roof, it’s
almost impossible to run a small business and billions are being
spent on illegal migrants when a growing number of residents are
barely able to make ends meet.”

“I
am proud to have the support of the overwhelming majority of the
caucus as I seek re-election as Minority Leader,” responded Jones
in a brief statement. “I have enjoyed the productive discussions
with Republican colleagues about how we can work together as we head
into the 2025-2026 session. I look forward to continuing to serve as
House Minority Leader come January 1.”

According
to Beacon Hill Roll Call’s records, Lombardo has voted the same as
Jones on 84 percent of the 357 roll calls from 2021 to 2024. The roll
calls used to determine those numbers exclude any roll calls on local
matters.

OPIOID
CRISIS (H
5143) - The House and Senate approved and sent to Gov. Maura Healey a
conference committee version of legislation that supporters say would
expand non-opioid pain treatments; establish licenses for recovery
coaches, support pregnant women and their children who have been
exposed to substances; and vastly expand access to opioid-reversal
drugs. The House and Senate had approved different versions of the
legislation and a conference committee hammered out this compromise
version.

Other
provisions mandate that all health plans cover opioid reversal drugs
such as Naloxone and Narcan—without cost-sharing or prior
authorization; require hospitals and substance use treatment
facilities to educate patients on opioid reversal drugs and prescribe
or dispense at least two doses to at-risk patients upon discharge;
require pharmacies in areas with high incidences of overdoses to
maintain a sufficient and consistent supply of opioid reversal drugs
while also requiring them to stock both over the counter and
prescription versions.

The
bill includes several new insurance provisions, including a
prohibition on life insurance companies from limiting or refusing
coverage to a person solely because they obtained an opioid-reversal
drug, and a prohibition on medical malpractice insurers from
discriminating against health care practitioners who provide harm
reduction services. The bill also updates requirements for insurance
providers to ensure adequate coverage and access to pain management
services including non-opioid treatments and expands access to
non-opioid pain treatment by incorporating non-opioid alternatives
into provider training.

“Too
many families have known the pain of substance use disorder and,
tragically, the loss of a loved one because of it,” said Senate
President Karen Spilka (D-Ashland). “Opioids have stolen life from
parents, children, siblings and friends. The legislation approved by
the Legislature … makes powerful strides towards mitigating this
crisis by helping those coping with substance use disorder reduce
harm, find treatment and achieve recovery that lasts a lifetime.”

“As
families across Massachusetts know all too well, the impact of opioid
addiction can be utterly devastating for the individual and for their
loved ones, which is why a continued focus on combating substance use
is a critical responsibility that we have as elected officials,”
said House Speaker Ron Mariano (D-Quincy).”

“I
am happy to have played a role as one of the final six legislators
who negotiated the contents of this bill,” said Sen. Ryan Fattman
(R-Sutton). “This is a very comprehensive, impactful bill devoid of
controversy that will no doubt save lives at a very important time in
history and a bill that the vast majority of the citizens of the
commonwealth can support.”

“This
comprehensive legislation affirms our commitment to treating
substance use as a matter of public health, and I’m proud of our
continued progress in promoting recovery and preventing overdose
deaths,” said Rep. Adrian Madaro (D-Boston), House Chair of the
Committee on Mental Health, Substance Use and Recovery.

BLOOD
BANKS (S 2994) – The Senate approved and sent to the House
legislation that would allow organizations registered as blood
establishments with the federal United States Food and Drug
Administration, to maintain a blood bank if the bank is approved by
the Massachusetts Commissioner of the Department of Public Health and
the Public Health Council.

Supporters
said there are a number of blood banks that operate nationally that
currently supply Massachusetts hospitals but may not draw or store
blood here. They argued that this legislation is intended to address
that inefficiency. Currently only the Red Cross, Center for Blood
Research and hospitals are permitted to draw and store blood in the
Bay State.

"This
bill simply allows FDA-approved facilities in Massachusetts to accept
blood donations,” said sponsor Sen. Barry Finegold (D-Andover).
“This commonsense initiative will expand access and capacity,
benefitting hospitals and patients alike.”

REAL
ID
- The
Registry of Motor Vehicles reminds Bay State residents that beginning
on May 7, 2025, people traveling by plane domestically or entering
certain federal facilities will need a Registry-issued REAL
ID-compliant driver’s license or ID, or a valid passport.

The
Registry strongly encourages everyone seeking a REAL ID-compliant
license or ID card to go online at Mass.Gov/REALID to learn what
documents are needed for a required in-person appointment.
Appointments to upgrade to REAL ID are available now, and several RMV
service centers offer Saturday appointments. Customers who already
have a compliant credential may renew online as long as they have not
had a name change.

AUTO
AND HOME INSURANCE DISCOUNTS (H 5133) - The House approved and sent
to the Senate legislation waiving, for six years, until 2030, a law
that requires businesses and groups to have a 35 percent
participation rate in order to qualify for group auto and home
insurance discount rates. The measure permits groups with less than
the 35 percent participation to take advantage of group rates, which
supporters say will save members between 5 percent and 8 percent. The
law has been waived since 1997. The 35 percent requirement was first
included in a 1973 law.

Supporters
said if the bill is not approved, insurance discounts for 322,000
vehicles and 142,000 homes in the Bay State would disappear on
January 1, 2025, and consumers will pay millions of dollars more for
insurance.

QUOTABLE
QUOTES

“We
have an opportunity to make our state the best place in the world for
collaborative and responsible AI innovation. The Massachusetts AI Hub
draws from our state's existing strengths, including our unparalleled
innovation ecosystem, world-class universities, highly skilled talent
and revolutionary spirit, to advance transformative technologies and
power economic opportunity for all.”

---Lt.
Gov. Kim Driscoll on the Healey administration’s launch of the
Massachusetts AI Hub, a groundbreaking effort to make Massachusetts a
national leader in artificial intelligence innovation.

“To
best support our students, we know that we need to help them get both
to and through college. We’ve made progress in making it more
affordable for students to enroll in college, and this program will
now lift barriers that arise on the way to graduation, especially for
first-generation college students who cannot draw on a parent’s
experience to navigate earning a degree.”

---Gov.
Maura Healey on her administration awarding $14 million to support
student success programming at Massachusetts’ nine state
universities.

“We
are honored and thrilled with this recognition, which celebrates the
extraordinary work of our designers, engineers, planning and
community outreach employees who are making our bicycling
infrastructure more robust and our transportation network more
inclusive. Bicycling offers amazing physical and mental health
benefits and it helps make the transportation sector greener and
cleaner. For anyone who wants to pursue more bicycling, it is very
clear that Massachusetts is an exceptional place to do it.”

---Bay
State Transportation Secretary and CEO Monica Tibbits-Nutt on the Bay
State being ranked second in the nation on the League of American
Bicyclists' 2024 list of
Bicycle Friendly States.

“The
‘A’ grade that Massachusetts received from the Giffords Law
Center is representative of the work that we have done to ensure that
the commonwealth will continue to have the lowest gun death rate in
America. I’m incredibly proud of the historic gun safety law that
the Legislature passed earlier this year, legislation that I hope can
be a model for other states going forward.”

---House
Speaker Ron Mariano (D-Quincy) on the Giffords
Law Center to Prevent Gun Violence naming
Massachusetts the safest state in the country for having the lowest
rate of gun deaths.

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 December 16-20, the House met for a total of eight hours
and 21 minutes while the Senate met for a total of eight hours and 15
minutes.

Mon.
Dec. 16 House 11:04 a.m. to 4:14 p.m.

Senate
11:08 a.m. to 4:23 p.m.

Tues.
Dec. 17 No House session

No
Senate session

Wed.
Dec. 18 No House session

No
Senate session

Thurs.
Dec. 19 House 11:02 a.m. to 2:13 p.m.

Senate
11:18 a.m. to 2:18 p.m.

Fri.
Dec. 20 No House session

No
Senate session

Bob
Katzen welcomes feedback at bob@beaconhillrollcall.com

Bob
founded Beacon Hill Roll Call in 1975 and was inducted into the New
England Newspaper and Press Association (NENPA) Hall of Fame in 2019.