THE HOUSE AND SENATE: There were no roll calls in the House or Senate last week.
Beacon Hill Roll Call reports on the percentage of times local representatives voted with their party’s leadership in the 2020 legislative session. Beacon Hill Roll Call uses 259 votes from the 2020 House session as the basis for this report. This includes all roll calls that were not on local issues.
The votes of the 125 Democrats were compared to former House Speaker Bob DeLeo until he resigned in December. After that, they were compared to current Speaker Ron Mariano. The votes of the 30 Republicans were compared with House Minority Leader Rep. Brad Jones (R-North Reading).
THE DEMOCRATS: Twenty (16 percent) of the 125 Democratic representatives voted with DeLeo/Mariano 100 percent of the time. One hundred and three (82.4 percent) voted with DeLeo/Mariano between 90 and 99.9 percent of the time. Two (1.6 percent) voted with DeLeo less than 90 percent of the time.
The Democratic representative who voted the lowest percentage of times with DeLeo/Mariano was Rep. Angelo Scaccia (D-Boston) who voted with DeLeo/Mariano only 85.1 percent of the time. Rounding out the top five Democrats who voted with DeLeo/Mariano the lowest percentage of times were Reps. Colleen Garry (D-Dracut) 86.8 percent; Mike Connolly (D-Cambridge) 90.7 percent; John Rogers (D-Norwood) 91.3 percent; and David Robertson (D-Tewksbury) 91.5 percent.
THE REPUBLICANS: None of the 30 Republican representatives voted with Jones 100 percent of the time. Sixteen (53.3 percent) voted with Jones between 90 and 99.9 percent of the time. Fourteen (46.7 percent) voted with Jones less than 90 percent of the time.
The Republican representative who voted the lowest percentage of times with Jones was Rep. David Vieira (R-Falmouth) who voted with Jones only 72.2 percent of the time. Rounding out the top five Republicans who voted with Jones the lowest percentage of time were Reps. Timothy Whelan (R-Brewster) 77.2 percent; Marc Lombardo (R-Billerica) 79.5 percent; Nicholas Boldyga (R-Southwick) 81.4 percent; and Alyson Sullivan (R-Abington) 84.4 percent.
Rep. Donald Berthiaume 86.8 percent (34) Rep. Natalie Blais 98.4 percent (4) Rep. Daniel Carey 98.4 percent (4) Rep. Mindy Domb 97.2 percent (7) Rep. Thomas Petrolati 96.8 percent (7) Rep. Lindsay Sabadosa 94.9 percent (13) Rep. Todd Smola 93.0 percent (18) Rep. Susannah Whipps 92.6 percent (19)
“THERE OUGHTA BE A LAW” – Friday, February 19 at 5 p.m. is the deadline for legislation to be filed for consideration during the 2021-2022 legislative session. Many late-filed bills are admitted to the Legislature following the deadline, but vast majority of proposals are filed by February 19.
Massachusetts is one of a handful of states that give citizens the “right of free petition”— the power to propose their own legislation. A citizen’s proposal must be filed in conjunction with his or her representative or senator or any other representative or senator. Sometimes a legislator will support the legislation and sponsor it along with the constituent. Other times, a legislator might disagree with the bill but will file it anyway as a courtesy. In those cases, the bill is listed as being filed “by request”— indicating that he or she is doing so at the request of the constituent and does not necessarily support it. Citizens that are interested in filing legislation should contact their own or any other representative or senator.
Perhaps one of the most famous bills filed “by request” goes all the way back to 1969 when a constituent opposed to the Vietnam War asked the late Newton Democratic Rep. James Shea to file a bill prohibiting Massachusetts citizens from being forced to fight in an “undeclared war.” The bill challenged the constitutionality of sending Bay State men to fight without a Congressional declaration of war. It was approved by the House and Senate and signed by the late Gov. Francis Sargent. The new law made national headlines.
To comply with the new law, Massachusetts initially filed a complaint in the U.S. Supreme Court. The high court declined to hear the case, which was later refiled in the U.S. District Court federal court and dismissed — rejecting the state’s argument that President Richard Nixon had usurped the war-making powers of Congress. In a tragic footnote, Rep. Shea committed suicide in the fall of the year the legislation passed.
CLIMATE CONTROL BILL VETOED BY GOV. BAKER IS REFILED – (S 2995) – Sen. Mike Barrett (D-Cambridge) and Rep. Thomas Golden (D-Lowell) have refiled the climate control bill that was approved by the Legislature but vetoed by Gov. Baker at the end of the 2020 legislative session.
“Today, the House and Senate introduce this legislation as written and passed,” said Senate President Karen Spilka (D-Ashland) and House Speaker Ron Mariano (D-Quincy) in a joint statement. “We are confident that members of the House and Senate will again act with urgency by swiftly sending this bill back to Gov. Baker’s desk.”
The measure had passed the House 145-9 and the Senate 38-2 — margins that are big enough for the Legislature to easily override the veto. But it was too late for that. The 2020 Legislature ended on January 5 so any vetoes made, or amendments proposed, by the governor after that time cannot go back to the Legislature for an override or consideration.
“While I support the bill’s goals and am largely in agreement with many of its proposals, 35 hours was not enough time to review and suggest amendments to such complex legislation,” said Baker in his veto message. “Had this bill been presented to me with more time while the Legislature was still in session, I would have returned it with amendments to address the concerns. Unfortunately, because the Legislature has adjourned, I do not have that option, and therefore, reluctantly, I cannot sign the legislation as currently written.”
“The Massachusetts economy is just beginning to recover from the pandemic downturn caused by the novel coronavirus known as COVID-19,” Baker continued. “As we are all learning what the future will hold, I have concerns about the impacts portions of this bill will have for large sectors of the economy.”
“It’s encouraging to see President Spilka and Speaker Mariano move forward with their commitment to reintroduce last session’s climate bill,” said Ben Hellerstein, State Director for Environment Massachusetts. “I urge legislators to pass this bill and, if necessary, override the governor’s veto by mid-February, so we can move on to other important policies to prevent the worst impacts of climate change. This bill is a step in the right direction, but we’ll need to go a lot further to ensure a safe, healthy future. Here’s hoping 2021 is the year Massachusetts sets its sights on a 100 percent renewable future.”
“We appreciate the leadership of Senate President Spilka and House Speaker Mariano,” said Sen. Mike Barrett (D-Lexington), Senate Chair of the Committee on Telecommunications, Utilities and Energy. “As evidenced by their statements over the past weeks, because of them, the odds of ultimate success for this bill are excellent.”
Here are some of the COVID-19 bills that were filed but died at the end of the 2020 legislative session:
STIMULUS CHECKS TO IMMIGRANT TAXPAYERS (S 2659) – Sponsored by Sen. Jamie Eldridge (D-Acton). This proposal would provide a stimulus check to taxpayers who use an Individual Taxpayer Identification Number (ITIN) and who are not eligible to obtain a Social Security number. The state-funded stimulus check would be equal to the stimulus checks of $1,200 for individual filers, $2,400 for joint filers and $500 per child that is currently provided by the federal government through the CARES Act. It will also provide $10 million to immigrant aid organizations.
According to the National Immigration Law Center, taxpayers who file their tax return with an ITIN include undocumented immigrants and their dependents as well as some people who are lawfully present in the U.S., such as certain survivors of domestic violence, Cuban and Haitian entrants, student visa holders and certain spouses and children of individuals with employment visas.”
“Immigrants play a crucial role in Massachusetts’s economy, and we need to ensure that undocumented immigrants and their families receive the same financial support as other taxpayers have through the federal CARES Act,” said Eldridge. “At a time of a pandemic, more than ever, we need to take serious action and provide financial help to all vulnerable populations. While the federal government did not provide direct financial relief to tens of thousands of Massachusetts immigrants families, the Legislature, reflecting Massachusetts values, can.”
BAN HOARDING DURING EMERGENCY (HD 5013) – Sponsored by Rep. Alan Silvia (D-Fall River). This legislation would prohibit retail food stores from accepting the bulk return of any groceries and other household goods purchased by a consumer during, and for 30 days following, a declared state of emergency resulting from a pandemic or other public health emergency. Violators would be fined $250 for the first offense, $500 for the second offense and $1,000 for a third or subsequent offense.
“I am sponsoring the bill simply because we have too many people affected by hoarding items that should be available to the public especially in a time of crisis,” said Silvia. “There is no reason people shouldn’t be able to purchase items, such as hand sanitizer and disinfecting wipes, when we need them the most.”
QUARANTINE ASSISTANCE FUND (HD 4926) – Sponsored by Reps. Smitty Pignatelli (D-Lenox) and John Barrett (D-North Adams). This measure would create the COVID-19 Quarantine Assistance Fund to provide grants to workers who have lost money from not being able to work because of viral infection, quarantines or isolation.
“In this time of public health emergency, it is vital that we do all we can to assist those in Massachusetts who are negatively impacted by COVID-19,” said Pignatelli. “Rep. Barrett and I are thankful that the support of this legislation from our colleagues in both the House and Senate sparked productive conversations with the Baker-Polito administration and that they have taken steps to ensure that those who are financially vulnerable are not left behind. Through measured and appropriate responses, Massachusetts will be able to navigate and see the other side of this public health challenge.”
$1,500 PER MONTH FOR SOME SENIORS (H 4697) – Sponsored by Reps. Ruth Balser (D-Newton) and Nika Elugardo (D-Jamaica Plain). This proposal would provide monthly cash assistance of $1,500 per month for persons over age 65 who are not eligible for Unemployment Insurance (UI) but stopped working as a result of a pre-existing condition placing them in a high-risk category for COVID-19’s most serious symptoms or death.
“Rep. Balser and I filed [the bill] to provide relief for self-employed and gig economy elders who had the foresight to stop working, possibly weeks before the Massachusetts Stay-At-Home Advisory, because of an underlying condition such as chronic kidney disease or a compromised immune system,” said the bill’s co-sponsor Rep. Nika Elugardo (D-Jamaica Plain). “We filed [the bill] before the passage of the federal CARES Act, which expanded unemployment insurance eligibility to include many self-employed workers. We are watching for federal guidance to understand whether gaps in UI coverage remain within this vulnerable demographic. If so, this bill would fill in those gaps for yet uncovered elders.”
“Police interactions with people with autism and intellectual and developmental disabilities can be difficult and potentially dangerous due to communication and anxiety issues. This legislation will educate police recruits in recognizing the behavioral symptoms and characteristics of an individual with I/DD and autism and learn appropriate and safe response techniques.” — Leo Sarkissian, executive director of The Arc of Massachusetts, on a part of the new law that makes major changes in the state’s policing system.
“Sports betting is alive and well in Massachusetts, but unfortunately we’re letting money go down the drain to the black market and states that have legalized. I think we have a real opportunity here to generate some revenue at a time we’re facing a lot of uncertainty.” — Sen. Brendan Crighton (D-Lynn) on his intention to refile his legislation that would legalize sports betting in Massachusetts.
“The immigrants, including immigrants with Temporary Protected Status (TPS) recipients from Haiti, Honduras and El Salvador, are all legally permitted to receive unemployment benefits, particularly because their status provides lawful employment authorization. Nevertheless, the Department of Unemployment Assistance (DUA) has demonstrated a pattern and practice of wrongfully denying claims or terminating benefits.” — Lawyers for Civil Rights citing repeated instances of TPS immigrants who are being improperly denied unemployment benefits by the DUA.
“We’re going to need a lot of individuals and to have them properly trained to immunize. I think this is a great idea.” — Dr. Michael Kneeland, a member of the Public Health Council, on a new regulation allowing students in Massachusetts training to be pharmacists or physician assistants to deliver the COVID-19 vaccine.
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 Jan. 18-22, the House met for a total of 33 minutes while the Senate met for a total of 42 minutes.
Monday, Jan. 18: no House session; no Senate session
Tuesday, Jan. 19: House 11 to 11:01 a.m.; Senate 11:14 to 11:24 a.m.
Wednesday, Jan. 20: No House session; no Senate session
Thursday, Jan. 21: House 11:08 to 11:40 a.m.; Senate 11:09 to 11:41 a.m.
Friday, Jan. 22: no House session, no Senate session
Bob Katzen welcomes feedback at bob@beaconhillrollcall.com