Beacon Hill Roll Call records local representatives’ and senators’ votes on roll calls from the week of March 7 to March 11.
The House, 156 to 0, approved and sent to the Senate a $1.6 billion supplemental budget that contains $700 million for pandemic-related expenses including $432 million for COVID-19 testing, $72 million for treatments, $45 million for expanded vaccination access and $25 million for personal protective equipment.
Other provisions include $140 million to support grants to special education schools to address the impacts of COVID-19 and subsequent variants; $100 million for cities and towns for roads; $100 million for rental assistance for needy families; and extending eviction protections for tenants who have active assistance applications.
The package also extends from April 1, 2022 to April 1, 2023 outdoor dining at restaurants and from May 1, 2022 to April 1, 2023 the law allowing restaurants to sell beer, wine and cocktails with takeout orders.
Supporters said the package is a fiscally responsible one that will fund important programs, benefit many residents and help Massachusetts prepare for the future.
An amendment proposed by Rep. Peter Durant, R-Spencer, that would have suspended the state’s 24-cents-per-gallon gas tax until gas prices fall below $3.70 per gallon was defeated on a voice vote without a roll call.
Under House rules, anyone can make the motion to require a roll call vote and a roll call must be held if at least 16 members support requiring a roll call. Durant himself did not ask for a roll call.
“It was simply part of the negotiation process for future efforts that may still come up,” Durant responded when asked by Beacon Hill Roll Call why he didn’t request a roll call. Durant did not respond to follow-up emails by Beacon Hill Roll Call asking him to elaborate and explain what he meant by his statement and to reveal what the “negotiation process” involved.
“Constituents and suffering motorists will never know how their House lawmaker voted because no House member was willing to go on record to show who supports or opposes this temporary relief for the taxpayers,” said Paul Craney, spokesperson for the Massachusetts Fiscal Alliance. “Despite record gasoline prices, the Massachusetts House of Representatives once again proved how selfish they are with our money. They had an opportunity to provide temporary gas tax relief and they voted it down, and didn’t even have the courage to go on record with their vote. Once again, politicians are protected and the taxpayers lose at the State House. It’s deeply disappointing that House lawmakers play games to protect themselves from hard votes while motorists are still left paying the highest recorded prices for a gallon of gasoline.”
“With the skyrocketing price of gas, suspension of the gas tax is a small, simple step that the commonwealth can take to provide some relief to the residents of Massachusetts,” Durant said. “Tying this relief to the ongoing price of fuel is the most equitable way to make sure taxpayers continue to see this relief until the nation gets this situation under control.”
Opponents of the suspension said Massachusetts would jeopardize its bond ratings by suspending the tax and the state would face higher rates for borrowing. They said they could perhaps support other ways to provide relief at the pump but not this amendment, which would do more harm than good.
According to Gov. Charlie Baker’s proposed fiscal year 2023 budget, the gas tax is projected to generate $743.7 million in FY23.
A “Yes” vote is for the $1.6 billion package.
Rep. Natalie Blais — Yes
Rep. Paul Mark — Yes
Rep. Susannah Whipps — Yes
The House, 28 to 128, rejected an amendment that would provide an additional $100 million to cities and towns in one-time funding for the maintenance and repair of local roads and bridges. This would be in addition to the $100 million already included in the spending package.
“Roads and schools are some of the biggest budget items for cities and towns, and the primary cause of increases to property taxes on family homes, especially hurting our retired seniors,” said sponsor Rep. Kelly Pease, R-Westfield. “The Legislature and the governor passed the Student Opportunity Act that is providing more money for schools, but we need to spend more money on … roads so cities and towns can get the repairs that are desperately needed. We should not be raising taxes but prioritizing our spending. I do not know how a representative can get re-elected when they vote against money that would improve our roads. Isn’t that what our taxes are supposed to pay for?”
Opponents noted that the package already contains $100 million for roads and bridges. They said the current formula, created decades ago, for distribution of the funds is considered unfair by many cities and towns. They argued the House should wait until an attempt is made to change the formula so that the additional $100 million will be distributed in a fairer manner.
“Local officials across the state continue to advocate for an increase to the Chapter 90 program, which provides direct funding to cities and towns for maintaining and repairing 30,000 miles of municipal roadways in Massachusetts,” said Geoff Beckwith, executive director of the Massachusetts Municipal Association. “The state has kept Chapter 90 funding flat at $200 million for the past 10 years, while the cost of repairing roads has increased by more than 40%. Without a permanent increase in Chapter 90 aid, local roads will crumble at a faster rate and taxpayers will bear the burden of even more expensive repairs in the years ahead.”
A “No” vote is against the $100 million.
Rep. Natalie Blais — No
Rep. Paul Mark — No
Rep. Susannah Whipps — No
The Senate, 39 to 0, approved a bill that would make major changes to the oversight and governance structure of the state’s veterans’ homes in Holyoke and Chelsea. The proposal follows the deaths of 77 veteran residents in 2020 as a result of a COVID-19 outbreak at the Holyoke facility. The House has already approved its own version of the bill and a House-Senate conference committee will likely hammer out a compromise version.
Key provisions establish a new, full-time ombudsperson to receive, investigate and assist in resolving complaints related to the health, well-being and rights of veterans’ home residents and staff; require the state Department of Public Health to regularly inspect the two homes and make all inspection reports publicly available; elevate the Massachusetts secretary of veterans’ services to a cabinet-level position; require each home to have a full-time specialist in infection control and emergency preparedness, and to adhere to medically-sound guidelines for trauma-informed care; and require state-operated veterans’ homes to accept Medicare and Medicaid payments.
“As the daughter of a veteran, I continue to be heartbroken for the families of those who lost their lives to COVID-19 at the Holyoke Soldiers’ Home,” said Senate President Karen Spilka, D-Ashland. “The Senate will continue to lead in its efforts to support the brave men and women who have served our country.”
“The soldiers’ homes have long suffered from gaps in accountability and a confused chain of command, factors (that left them) unable to deal with a crisis like the one we saw with the onset of the COVID-19 pandemic,” said sponsor Sen. Michael Rush, D-Boston. “The bill passed by the Senate today tightens these gaps, enhances the level of oversight by elevating the secretary of veterans’ services to a cabinet level position, and creates a stronger governing structure that supports our veterans and provides high-quality care.”
“With the passage of this bill, the Senate recognizes the need to prioritize accountability and oversight, establish effective checks and balances, and ensure clear chains of command at our state’s long-term care facilities for veterans in order to prevent the tragedy at the Holyoke Soldiers’ Home from ever happening again,” said Sen. Mike Rodrigues, D-Westport, Senate chair of the Ways and Means Committee.
A “Yes” vote is for the bill.
Sen. Joanne Comerford — Yes
Sen. Anne Gobi — Yes
Sen. Adam Hinds — Yes
The Senate, 38 to 1, approved an amendment that would require both veterans’ homes to be licensed by the state Department of Public Health and to meet state standards that are currently required for nursing facilities.
Sen. Jo Comerford, D-Northampton, sponsor of the amendment, said the amendment will ensure the facilities meet high state standards.
“I was proud to file an amendment to this bill to require that the secretary of veterans’ services be notified of any violation identified during a DPH inspection of a soldiers’ home and to require soldiers’ homes to comply with existing, strict DPH standards for skilled nursing facilities through a process of licensure,” Comerford said. “We should not rely solely on federal standards, which is why this amendment requires soldiers’ homes to comply with state standards — the same standards skilled nursing facilities are held to. The amendment will advance … the state’s efforts to provide the highest-quality care for the individuals who have served our nation.”
“Long before COVID-19, many facilities across Massachusetts failed to maintain proper infection control procedures and staffing levels,” said Sen. Mark Montigny, D-New Bedford, the only senator to vote against the amendment. “They were totally unprepared for a global pandemic and thousands of our loved ones perished, including those who valiantly served this country. Under current state law, a violation of the department’s regulations is punishable by a paltry $50 fine while violations of a federal standard … can result in penalties of up to $22,300. If we are going to deter cost-cutting measures that jeopardize safety, then we must absolutely implement a state fine structure that closely aligns with federal standards and that reflect the pain and suffering inflicted on these vulnerable individuals and their families. Otherwise, the law has no teeth, and more lives will be jeopardized.”
A “Yes” vote is for the amendment.
Sen. Joanne Comerford — Yes
Sen. Anne Gobi — Yes
Sen. Adam Hinds — Yes
The Senate, 39 to 0, approved an amendment that would require the secretary of veterans’ services to be a veteran.
“Less than one-half of 1% of our population serves in the military, and a lot of times it can be difficult to fully grasp what veterans have been through and the issues they face unless you have served yourself,” said Sen. John Velis, D-Westfield, the Senate chair of the Committee on Veterans and Federal Affairs. “The secretary is going to be the position in our state with the highest obligation of representing our service members, and this amendment ensures whoever fills that position has had these experiences and understands what it truly means to serve.”
A “Yes” vote is for requiring the secretary to be a veteran.
Sen. Joanne Comerford — Yes
Sen. Anne Gobi — Yes
Sen. Adam Hinds — Yes
Beacon Hill has a full plate. To name a few, there’s offshore wind, solar and other climate change policies; leftover American Rescue Plan Act (ARPA) funding and spending options; the fiscal year 2023 budget; tax cuts; mental health care access; prescription drug costs; education priorities; and sports betting.
For insight on the road ahead, join the State House News Service’s live virtual event with Senate President Karen Spilka, House Speaker Ron Mariano and the State House News Service’s Katie Lannan on Wednesday, March 23, at 11 a.m. The event is free, but advance registration is required at us06web.zoom.us/webinar/register/1016469226780/WN_V721eH_NQc6oq4mQ8-c4CA.
The Transportation Committee held a virtual hearing on legislation that would ban drivers from recording or broadcasting a video of themselves while driving. The measure does allow use of a mounted electronic device to broadcast in an emergency and to continuously record or broadcast video for the purpose of monitoring traffic outside or passengers within the vehicle.
Supporters noted the bill honors Charlie Braun, a community leader who was tragically killed when he was struck by a car while riding a bicycle in Northampton. The driver’s attention was diverted by a FaceTime video chat while she was driving.
“Driving safely requires a person’s full attention,” said sponsor Sen. Jo Comerford, D-Northampton. “Massachusetts has a strong hands-free driving law, but the law is not explicit about recording videos while not actively handling a device while driving. Charlie Braun’s tragic death calls us to action to improve the existing law to keep us all safer.”
The State Administration and Regulatory Oversight Committee held a virtual hearing on a proposal that would establish Sept. 11 as a day of remembrance in recognition of the loss of life and service of first responders at the World Trade Center in New York City in 2001.
“A day of remembrance is a meaningful way for us to send the message, 21 years later, that we will never forget, and we will treat every future Sept. 11 with the same level of respect that we have for the past 21 years,” said sponsor Sen. Patrick O’Connor, R-Weymouth. “This policy will become more and more necessary the further we get from 2001 and I am hopeful that the committee will report the bill out favorably.”
The Environment, Natural Resources and Agriculture Committee held a virtual hearing on a measure that would prohibit the idling of any trains for more than 30 minutes.
The measure authorizes the Department of Environmental Protection to investigate all reported cases of train idling beyond 30 minutes and to conduct emission tests to determine the level of carbon dioxide, nitrogen oxides, carbon monoxide and sulfur dioxide being released from the train. Emission levels above allowed levels will result in a $5,000 fine for each violation.
“Idling trains are more than just a nuisance to residents who live in neighborhoods close to rail lines,” said sponsor Rep. John Barrett, D-North Adams. “The emissions being released by these idling trains are negatively impacting the environment. In my district, it is not unusual for a train to idle for 24 hours or more.”
The House gave initial approval to a bill that would prohibit a city or town from using zoning laws to ban a homeowner, who owns a single-family home on a lot with more than 5,000 square feet, from building an accessory dwelling unit (ADU), sometimes known as an in-law apartment.
An ADU is a self-contained housing unit of 450 square feet or more that has a separate entrance, sleeping, cooking and sanitary facilities. It can either be in an existing single-family dwelling or a separate structure. The ADU must be occupied by a person with disabilities or a person over 65, and may include up to two bedrooms, which is essential for an individual to have a live-in caregiver.
A local zoning ordinance or bylaw may limit the total number of ADUs in a city or town to a percentage not lower than 5% of the total non-seasonal housing units in the municipality. The use of land or structures may also be subject to reasonable local regulations and must conform to all building, fire, health or sanitary codes; historic or wetlands laws; or ordinances or bylaws.
“With a lack of affordable housing for people with disabilities, accessory dwelling units are a critical tool for communities to house seniors and people with disabilities,” said sponsor Rep. Christine Barber, D-Somerville. “ADUs allow individuals to stay in their home communities, with needed supports. They also provide an (alternative) option to nursing homes and can shorten the waitlist for persons seeking accessible, independent housing options. (The bill) is a necessary step toward creating affordable and accessible housing options that meet the needs of all members of our community.”
Opponents said the bill takes away power from local cities and towns and their zoning boards. They argued that local officials and residents know their communities best and said a “one size fits all” state law is not a good idea
The House gave initial approval to a bill to protect people with disabilities by imposing up to a one-year prison sentence on anyone who forces someone with a disability to have sexual intercourse.
Supporters said the state should do more to protect those with disabilities and impose longer jail times on these offenders.
Rep. Adam Scanlon, D-North Attleboro, the bill’s sponsor, did not respond to repeated requests by Beacon Hill Roll Call to comment on the approval of his bill.
The House gave initial approval to a proposal that would prohibit first responders from taking photos of crime scene victims, accidents or emergencies unless it is in the course of their official duties or with the consent of the victim or, if the victim is unable to consent, an immediate family member of the victim.
Supporters said accident victims should not be put on public display by first responders who are entrusted with caring for them. They noted the photos are often posted online.
Sen. Eric Lesser, D-Longmeadow, and Rep. Joe Wagner, D-Chicopee, co-sponsors of the bill, did not respond to repeated requests by Beacon Hill Roll Call to comment on the approval of their bill.