By Bob Katzen
THE HOUSE AND SENATE: There were no roll calls in the House or Senate last week.
This week, Beacon Hill Roll Call looks at the handful of major legislation that was approved by the Legislature and signed into law so far by Gov. Charlie Baker in 2017.
In the first eight months of the 2017 session, only 79 bills out of more than 6,000 filed have been approved by the House and Senate and signed into law by Gov. Charlie Baker.
Thirty-five of those were local bills dealing with an individual city or town and 29 were on sick leave banks for individual state workers. Sick leave banks allow employees to voluntarily donate sick, personal or vacation days to a pool for use by ill fellow state workers so they can get paid while on medical leave.
Of the 15 remaining, 10 ranged from supplemental budgets and extending simulcast racing to designating May as Seatbelt Awareness Month and the first week in August as Ice Bucket Challenge week.
The remaining five are five major key issues that came to a roll call vote in both branches and were signed into law by Gov. Baker.
Here they are:
$18 MILLION IN PAY HIKES (S 16)
On February 2, the House 116-43, Senate 31-9, overrode Gov. Baker’s veto of an $18 million pay raise package including hiking the salaries of the two leaders who filed the bill, House Speaker Robert DeLeo (D-Winthrop) and Senate President Stan Rosenberg (D-Amherst), by $45,000 from $97,547 to $142,547. The measure also hikes the pay of the Legislature’s two Republican leaders, Sen. Bruce Tarr (R-Gloucester) and Rep. Bradley Jones (R-North Reading) by $37,500 from $85,047 to $122,547. Another provision hikes the salaries of the state’s judges by $25,000 over an 18-month period.
The measure raises the governor’s salary by $33,200, from $151,800 to $185,000; and provides hikes for the other five constitutional officers. It also requires that every two years the salaries of the governor, the other five constitutional statewide officers and the House speaker and Senate president be increased or decreased based on data from the Bureau of Economic Analysis (BEA) that measures the quarterly change in salaries and wages. It also requires that the same formula is used every two years to increase or decrease the stipends that more than 100 other legislators receive for their service in Democratic or Republican leadership positions, as committee chairs or vice chairs and as the ranking Republican on some committees. There is also a caveat that regardless of the data from the BEA, the amount of money they receive can never be less than it was in February 2017.
The measure puts an end to legislative per diems which are travel, meals and lodging reimbursements collected by the legislators. These reimbursements were given to legislators above and beyond their regular salaries.
Another provision increases the annual general expense allowance for each legislator from $7,200 to $15,000 for members whose districts are within a 50-mile radius of the Statehouse and to $20,000 for districts located outside of that radius. This allowance is used at the discretion of individual legislators to support a variety of costs including the renting of a district office, contributions to local civic groups and the printing and mailing of newsletters. Legislators are issued a 1099 from the state and are required to report the allowance as income but are not required to submit an accounting of how they spend it.
The package also gives a $65,000 housing allowance for the governor. Massachusetts is one of only six states that supplies neither a governor’s residence nor a housing allowance, even as Boston is among the most expensive housing markets of any of the state capitals.
The House and Senate attached an emergency preamble to the measure. That means it went into effect immediately instead of in the usual 90 days. The preamble says, “Whereas, the deferred operation of this act would tend to defeat its purpose, which is to make certain changes in the law for compensation of public officials, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”
Voters are not allowed to collect signatures to put a question repealing the pay raises on the November 2018 ballot because the package includes judicial pay hikes which under the Massachusetts Constitution cannot be the subject of a repeal on the ballot.
(A “Yes” vote is for overriding Gov. Baker’s veto and is for the pay raise. A “No” vote is against overriding the governor’s veto and is against the pay raise.)
Rep. Christine Barber Yes Rep. Mike Connolly No Rep. Denise Provost No Sen. Patricia Jehlen Yes
$200 MILLION FOR LOCAL ROADS AND BRIDGES (H 3648)
House 159-0, Senate 36-0, approved and on May 4 Gov. Baker signed into law a bill authorizing $200 million in one-time funding for the maintenance and repair of local roads and bridges in cities and towns across the state. The package is a bond bill under which the funding would be borrowed by the state through the sale of bonds.
The measure also authorizes $70 million for the completion of the ATLAS, the Registry of Motor Vehicles’ technology system that will replace an archaic system that is 30 years old and difficult to maintain and use.
(A “Yes” vote is for the bill.)
Rep. Christine Barber Yes Rep. Mike Connolly Yes Rep. Denise Provost Yes Sen. Patricia Jehlen Yes
$40.2 BILLION FISCAL 2018 STATE BUDGET (H 3800)
House 140-9, Senate 36-2, approved and on July 11 Gov. Baker signed into law a conference committee version of a $40.2 billion fiscal 2018 state budget to cover state spending from July 1, 2017 to June 30, 2018. The governor vetoed $320.3 million in spending. The Legislature has yet to override any of the vetoes.
(A “Yes” vote is for the budget. A “No” vote is against it.)
Rep. Christine Barber Yes Rep. Mike Connolly Yes Rep. Denise Provost Yes Sen. Patricia Jehlen Yes
FAIRNESS FOR PREGNANT WORKERS (H 3816)
House 150-0, Senate 38-0, approved and on July 27 Gov. Baker signed into law the Pregnant Workers Fairness Act that prohibits an employer from discriminating against, refusing to employ or firing a woman because she is pregnant or has a condition related to pregnancy.
The measure guarantees reasonable accommodations and safety measures for pregnant mothers. Reasonable accommodations include time off to recover from childbirth; more frequent, longer paid or unpaid breaks; acquiring or modifying equipment or seating arrangements; and a private non-bathroom space for expressing breast milk — unless any of these would create an undue hardship on the employer.
(A “Yes” vote is for the bill.)
Rep. Christine Barber Yes Rep. Mike Connolly Yes Rep. Denise Provost Yes Sen. Patricia Jehlen Yes
REGULATE MARIJUANA (H 3818)
House 136-11, Senate 32-6, approved and on July 28, Gov. Baker signed into law a bill changing some provisions and adding other provisions to the law, approved by voters on the 2016 ballot, legalizing the possession, growing and sale of marijuana.
The measure taxes all marijuana sales with a 10.75 percent excise tax, 6.25 percent state sales tax and a local option allowing cities and towns to impose an additional tax of up to 3 percent. In addition, any agreement between a retail marijuana establishment and a host community for the first five years may include a community impact fee of up to another 3 percent paid by the seller to the city or town to cover the costs imposed upon the municipality by the operation of the establishment. Medical marijuana remains tax-free.
If a city or town voted for the 2016 marijuana ballot question, the decision to prohibit or restrict marijuana establishments will be determined by a local city or town wide referendum.
If a city or town voted against the ballot question, the decision would be made by the municipality’s governing body until December 2019 and then by a local city or town wide referendum.
Other key provisions of the new law include:
Allowing persons over 21 to give an ounce or less of marijuana to others; possess up to one ounce of marijuana outside their home and ten ounces in their home. Any quantity above one ounce in the home must be under lock and key.
Allowing each person to grow six plants per person in his or her home, with a maximum of 12 plants per household.
Prohibiting plants that can be visible by neighbors or from a public place and putting growing areas under lock and key.
Giving landlords the right to prohibit smoking or growing of marijuana on their properties.
Allowing advertising on TV, radio, billboard, print or the Internet only in markets where at least 85 percent of the audience is over 21.
Banning retail shops from being located near school zones.
(A “Yes” vote is for the bill. A “No” vote is against it.)
Rep. Christine Barber Yes Rep. Mike Connolly Yes Rep. Denise Provost Yes Sen. Patricia Jehlen Yes
ALSO UP ON BEACON HILL
LATER START FOR SCHOOL DAY (H 289) – The Education Committee held a hearing on legislation that would create a task force to study the possible benefits of instituting a later start time to the school day for public elementary and secondary schools. The task force would hold public hearings to study the impact of school start times on student academic performance and would also review scientific and academic findings on sleep needs of adolescents.
“The impetus for the later school starting time study is the concern expressed by school administrators over high schoolers’ lack of sleep,” said sponsor Rep. Robert Koczera (D- New Bedford). “Ideally teenagers should get between 8.5 and 9.5 hours of sleep and not five to six hours. Lack of sleep can lead to poor grades, anxiety and depression. Researchers have found improvements in student performance when start times are delayed.”
MANDATED 20 MINUTES OF RECESS (H 235) – The Education Committee’s agenda also included a proposal requiring all elementary school students to have at least 20 minutes of uninterrupted supervised, safe and unstructured recess per day.
Supporters said that students who have consistent recesses have improved memories and are more focused. They noted that recess is often taken away from a student as a punishment and ironically those students are precisely the kid who needs it.
“All of the research emphasizes the importance of free play,” said bill sponsor Rep. Marjorie Decker (D-Cambridge). “Children become better learners and achievers when they are able get their energy out on the playground. Recess needs to be codified so it is non-negotiable and doesn’t get traded in for more test prep time or used as a punishment.”
LOTTERY LEGISLATION – The Consumer Protection and Professional Licensure Committee will hold a hearing on several Lottery-related bills on Tuesday, September 19 at 1 p.m. in Room A-1 at the Statehouse in Boston including:
LOTTERY ONLINE (H 26, H 134 and H 135) – Several bills have been filed that would allow the Lottery to sell tickets online.
NO LOTTERY MONEY IF TICKETS ARE NOT SOLD (H 168) – Prohibits any city or town that does not allow the sale of Lottery ticket from receiving any money from the Lottery proceeds.
HIDE IDENTITY OF LOTTERY WINNERS (H 3469) – Allows winners to refuse to have their name, address or other identifying information be released to the public. The measure also allows winners to forego all public appearances related to his or her winning the Lottery including the one at which the winner is given an oversized check to hold at Lottery Headquarters.
SCRATCH TICKETS (H 174) – Requires the Lottery to develop a second chance game that awards prizes for nonwinning scratch tickets, in order to encourage recycling and prevent the tickets from being littered in and around stores.
SAFER DRUG USER PROGRAM (S 1081) – The Mental Health, Substance Use and Recovery Committee held a hearing on a bill that would legalize and create safe injection facilities where drug addicts can inject drugs already in their possession under the supervision of healthcare professionals or other trained staff. The facility could also provide other related services including needle exchange, overdose prevention and referrals to treatment and other services.
Sen. Will Brownsberger (D-Belmont), the bill’s sponsor, says the proposal is a conversation starter. “Over the past five years, the death rate from overdose has tripled in Massachusetts,” said Brownsberger. “The facilities offer a unique opportunity to offer drug treatment and AIDS counseling. Properly run, safe injection facilities can be a tool, not only for reducing the harms of addiction, but also for fighting addiction itself.”
Opponents of the proposal said these facilities would pose a temptation for recovering addicts. They said legislators should focus instead on addiction treatment.
“Why are we giving them the same thing that’s keeping people high and killing them?” asked Savina Martin who has worked with addicts for 30 years. “These are like assisted suicide houses.”
PRESIDENTIAL CANDIDATES MUST RELEASE TAX RETURNS (S 365) – The Election Laws Committee held a hearing on a bill that would require candidates running for president in the Massachusetts Presidential Primary beginning in 2020 to release to the public their tax returns from the last three years. The measure also requires any candidate who gets their party’s nomination for president or vice president and appears on the November General Election ballot to release five years of returns and a statement of financial interests.
“Requiring presidential candidates to disclose their tax returns in order to be on our ballot is a reasonable policy to have for those seeking to hold the highest office in the land,” said Secretary of State Bill Galvin. “Massachusetts has a long history of disclosure and we need to lead the way so that other states will follow.”
QUOTABLE QUOTES – BY THE NUMBERS EDITION
$8.7 million
The amount of money several Massachusetts companies have agreed to pay workers as restitution and penalties for violating the state’s wage laws including prevailing wage, minimum wage, earned sick leave and overtime.
$60
The initial cost drivers will pay for the new, redesigned New England Patriots license plate that is now available to order at all Registry of Motor Vehicle offices or online at http://www.massrmv.com
$1.3 million
The penalty Massachusetts-based DraftKings and FanDuel have each agreed to pay as part of a settlement following an investigation into alleged unfair and deceptive practices by the two fantasy sports companies.
$2.3 million
This year’s budget for the state’s newly-appointed Cannabis Control Commission that regulates the marijuana industry in the Bay State. The commission will need an annual budget of roughly $10 million to get the job done, according to its Chairman Steven Hoffman.
33,000
The number of water taps out of 66,000 public school taps found to have lead in the water following an evaluation by the Environment Massachusetts Research and Policy Center.
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 September 4-8, the House met for a total of 17 minutes while the Senate met for a total of 12 minutes.
Mon. Sept. 4 No House session
No Senate session
Tues. Sept. 5 House 11:02 a.m. to 11:06 a.m.
Senate 11:23 a.m. to 11:27 a.m.
Wed. Sept. 6 No House session
No Senate session
Thurs. Sept. 7 House 11:02 a.m. to 11:15 a.m.
Senate 11:18 a.m. to 11:26 a.m.
Fri. Sept. 8 No House session
No Senate session
Bob Katzen welcomes feedback at bob@beaconhillrollcall.com