By Bob Katzen
THE HOUSE AND SENATE: Beacon Hill Roll Call records local representatives’ and senators’ votes on roll calls from the week of October 19-23.
CORPORATE GENDER DIVERSITY (S 1007)
House 156-0, approved resolutions encouraging equitable and diverse gender representation in the leadership of Massachusetts companies. The resolutions call for all companies in the Bay State to adopt policies to increase the gender diversity on their boards of directors and in their senior management groups. Another provision says that by the end of 2018, all corporate boards with nine or more members should have a minimum of three women directors, and all boards with fewer than nine members should have a minimum of two women directors.
Supporters said that women are underrepresented in these positions and that diverse corporate leadership is good for business and for the state’s economy. They argued it is time to close this gender gap.
(A “Yes” vote is for the resolutions.)
Rep. Christine Barber Yes Rep. Denise Provost Yes Rep. Timothy Toomey Yes
AG CAN FILE CIVIL SUIT FOR WAGE VIOLATIONS (S 967)
Senate 27-11, approved and sent to the House a bill that would allow the attorney general to file a civil suit for injunctive relief, damages or lost wages and benefits for an employee and for the employee to receive triple damages if the suit is successful. Currently, the attorney general can only give either a civil citation or file a criminal complaint.
Supporters said the bill would allow the attorney general to help employees by giving the attorney general the same rights that employees currently have to file a civil suit. They noted this will help stop serious and harmful wage violations and protect workers.
Opponents said the bill contributes to the anti-business reputation of the Bay State. They said allowing triple damages goes too far and takes away all discretion from judges despite the circumstances of the case.
(A “Yes” vote is for the bill. A “No” vote is against it.)
Sen. Patricia Jehlen Yes
TRIPLE DAMAGES (S 967)
Senate 12-26, rejected an amendment that would allow judges not to impose triple damages in wage violations cases.
Amendment supporters said mandating triple damages without exceptions takes away all discretion from judges despite the circumstances of the case. They argued that the law should be flexible because employers who make an honest error should not be required to pay triple damages.
Amendment opponents said that triple damages should automatically be awarded in order to discourage employers from holding back wages. They said this will send a message to other employers who are thinking about cheating their workers.
(A “Yes” vote is for giving a judge discretion. A “No” vote is against discretion and favors the automatic triple damages.)
Sen. Patricia Jehlen No
EXPAND WORKPLACE DISFIGUREMENT COVERAGE (S 2033)
Senate 36-1, approved and sent to the House a bill that would expand the current law which covers only up to $15,000 for workers who suffer from disfigurement of their face, neck or hands on the job. The bill mandates coverage for disfigurement anywhere on a patient and raises the award to 22.5 percent of the average weekly salary in the state.
Supporters said the $15,000 is a paltry and outdated sum established almost a quarter of a century ago. They argued that the state should not pick and choose what parts of the body are covered.
The lone opponent said bills like this make it more challenging for companies to do business in the Bay State and make it one of the most expensive states in which to do business. They cited health insurance mandates and an increased minimum wage as some of the other things that discourage companies from locating here.
(A “Yes” vote is for the bill. A “No” vote is against it.)
Sen. Patricia Jehlen Yes
DELAY IMPLEMENTATION OF DISFUGURMENT CHANGES (S 2033)
Senate 9-27, rejected an amendment that would delay implementation of the expansion of the disfigurement law until a special commission researches the effect of the expansion, holds a public hearing and issues a report to the Legislature.
Amendment supporters said the Senate should not allow the bill to go into effect without determining its effect, costs and without considering other alternatives.
Amendment opponents said the amendment unnecessarily delays the bill and is unfair because workers who are disfigured during the period of the study will not get the expanded benefits.
(A “Yes” vote is for the study. A “No” vote is against it.)
Sen. Patricia Jehlen No
ALSO UP ON BEACON HILL
ANIMAL ABUSE REGISTRY (H 1385) – The Judiciary Committee held a hearing on a bill that would create a registry of Massachusetts residents convicted of abusing animals. It would be available for viewing only by animal shelters, breeders and pet stores, which would be prohibited from selling or giving animals to individuals on the registry.
Coalition to Protect and Rescue Pets, a statewide network of animal advocates, shelters and rescuers, says this legislation is long overdue and necessary to keep vulnerable animals out of the hands of sadistic people. Animal advocates were disappointed that the abuser registry and other important provisions were stripped from the 2014 law named for Puppy Doe, a dog so severely abused, she had to be euthanized.
STOLEN VALOR (H 1641) – House gave initial approval to a bill that would make it a crime for a person to misrepresent himself or herself as a veteran if he or she is not one. Violators would be subject to a one-year prison sentence and/or a $1,000 fine.
NEW DEDUCTIONS FOR TAXPAYERS – The Revenue Committee held a hearing on legislation allowing taxpayers to annually deduct from their taxable income fees paid to a city or town for their child’s transportation to or from a public school and/or participation in an athletic, academic, enrichment or student activity program.
Supporters say many communities have imposed these user fees that are hurting middle and low-income families.
Opponents say the bill is fiscally irresponsible because no one has real figures on how many families are paying these fees and how much revenue the state would lose.
Other measures before the committee would allow taxpayers to deduct an amount equal to 50 per cent of the cost of tuition payments made to a college or university (H 3295) and allow prisoners of war to deduct their income for life (H 2657).
REPEAL “ESTATE/DEATH” TAX (H 2612) – The Revenue Committee also considered a proposal that would repeal Massachusetts’ estate tax, also known as the death tax — a tax on the value of the decedent’s estate before distribution to any beneficiary. Many Republicans call it a death tax while many Democrats call it an estate tax. The first $1 million is exempt from this tax and the tax on anything over $1 million is a graduated one that according to the Department of Revenue’s website ranges from .8 percent to 16 percent.
Repeal supporters said this regressive tax is unfair and noted that Massachusetts is losing many residents, who move to Florida and other states where this tax does not exist.
Repeal opponents said the tax is a fair one and argued the state cannot afford the revenue loss.
DEFIBRILLATORS IN ASSISTED LIVING (H 532) – The Elder Affairs Committee held a hearing on legislation to require automated external defibrillators in assisted living residences.
ELECT PRESIDENT VIA NATIONAL POPULAR VOTE (H 568) – The Election Laws Committee held a hearing on a bill that would repeal a 2010 law that made Massachusetts a member of the Agreement Among the States to Elect the President by National Popular Vote. The agreement requires states that join the pact to cast all of their electoral votes for the presidential candidate who wins a majority of the national popular vote in all 50 states and the District of Columbia. The pact would become effective when states representing at least 270 electoral votes — a majority of the 538-vote Electoral College — join this compact.
This endeavor is led by Fair Vote, a national group that says California, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, New York, Rhode Island, Vermont, Washington and the District of Columbia have already joined the agreement. These states and D.C. possess 165 electoral votes — 61 percent of the 270 necessary to activate the agreement.
LGBT SENIORS (H 526) – The Elder Affairs Committee held a hearing on a measure that would require the Department of Elder Affairs to focus on the prevention and elimination of discrimination against seniors based on sexual orientation and gender identity and expression. It also mandates improving access to services for lesbian, gay, bisexual and transgender elders and caregivers.
The legislation would require all caregivers who receive funding from the state, or whose services are certified by the state, to be trained in the field of providing services to these groups.
SMOKING CESSATION PROGRAMS (H 900) – The Committee on Financial Services held a hearing on a proposal that would provide all active and retired state workers with coverage for smoking cessation programs, including use of a nicotine patch and counseling sessions.
QUOTABLE QUOTES – Special “By the Numbers” Edition
27 seconds
According to AAA, the length of time unsafe mental distractions can persist after dialing, changing music or sending a text using voice commands while driving.
5,304
According to the Massachusetts Lyme Coalition, the number of new reported cases of Lyme disease in the Bay State in 2014. The commission is spearheading a bill that would require all health insurance plans in Massachusetts to cover treatment of Lyme Disease.
200,000
According to the group Health Care for All, the number of children in Massachusetts who live in homes that are “food insecure” at some time during the year.
48 percent
The percentage of women in the labor force in Massachusetts according to Sen. Karen Spilka (D-Ashland), who headed up the successful drive for the Legislature to approve resolutions encouraging equitable and diverse gender representation in the leadership of Bay State companies.
Ten to 20 years
The length of time after which elephants may become extinct according to Rep. Laurie Ehrlich (D-Marblehead), who is pushing a ban on the trade of all ivory horn products.
1,089
According to the Department of Public Health, the number of people who died of opioid overdoses in 2014 — a 20 percent increase over the number of deaths in 2013 and a 63 percent increase over 2012.
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 October 19-23, the House met for a total of five hours and 42 minutes while the Senate met for a total of four hours and 27 minutes.
Mon. October 19 House 11:03 a.m. to 11:19 a.m.
Senate 11:04 a.m. to 11:22 a.m.
Tues. October 20 No House session
No Senate session
Wed. October 21 House 11:03 a.m. to 3:58 p.m.
No Senate session
Thurs. October 22 House 11:01 a.m. to 11:32 a.m.
Senate 11:09 a.m. to 3:18 p.m.
Fri. October 23 No House session
No Senate session
Bob Katzen welcomes feedback at bob@beaconhillrollcall.com