A message from Bob Katzen, Writer of Beacon Hill Roll Name:
THE HOUSE AND SENATE
There have been no roll calls within the Home or Senate final week.
Beacon Hill Roll Name data native senators’ votes on roll calls from current periods on debate of the Senate model of the state’s $46 billion fiscal 2021 state price range.
BARS AND PUBS DURING COVID-19 (S 4)
Senate 4-35, rejected an modification that may permit bars and pubs and another institutions that don’t serve meals to reopen in the course of the pandemic underneath the identical timetable as eating places that do serve meals. Below present legislation, eating places can provide takeout and supply in section 1, out of doors seating in section 2 – step 1 and indoor seating in step 2 of section 2. Bars and pubs and different non-food institutions are designated as section Four companies and can’t reopen till there’s a therapy or vaccine for COVID-19.
“We now have an obligation to look at the administration’s government orders for equity and rationality and the way these orders are taking part in out in our districts,” mentioned modification sponsor Sen. Diana DiZoglio (D-Methuen). “How are seated patrons in a restaurant confined with socially distanced seating, capability and cleansing necessities safer when eradicating their masks to ingest meals and wine or beer, than seated patrons in a pub complying with necessities and eradicating masks to ingest only a glass of wine or beer? I’ve but to obtain a legitimate clarification for this. We have to acknowledge this order is making a morality judgment and never one based mostly on public well being.”
“I voted towards this modification to protect the flexibility for our native boards of well being to maintain folks secure and guarantee present public well being protocols and requirements—as issued by the governor to offer house owners, operators, staff, and patrons of eating places with directions to assist shield the general public towards the unfold of COVID-19—usually are not compromised,” mentioned Senate Methods and Means chair Sen. Mike Rodrigues (D-Westport).
(A “Sure” vote is for the modification. A “No” vote is towards it.)
SERVING ALCOHOL WITH FOOD IN A RESTAURANT (S 4)
Senate 9-30, rejected an modification that supporters say eliminates a present contradiction within the legislation that enables some eating places to open and others to not open based mostly on what meals is on the menu.
“This modification permits eating places to serve seated patrons with out restriction or limitation or requirement as to which menu gadgets are being served,” mentioned the modification’s sponsor Sen. DiZoglio. “Sure, we have to shield the general public, and this doesn’t take away Division of Public Well being security protocols. What the modification does is give eating places and pubs the flexibility to outlive with out arbitrary restrictions on what kind of foods and drinks they serve. We have an effect on their livelihoods with each motion, or inaction, we take.”
DiZoglio mentioned there was a pub in her district that obtained a meals service license (serving sandwiches) for the needs of qualifying as a restaurant however in some way this was not adequate for the state to permit the pub to open. She famous she filed this modification due to this confusion round what precisely qualifies as a restaurant.
Sen. Rodrigues mentioned his arguments towards the prior modification on treating bar and pubs the identical as eating places additionally applies to this modification.
(A “Sure” vote is for the modification. A “No” vote is towards it.)
SUPPLY AND BUY MASS (S 4)
Senate 39-0, authorised an modification that may set up a web-based “Provide and Purchase Mass” program that may help the Massachusetts financial system throughout its restoration from the financial shutdown in response to the pandemic. The modification contains creation of an interactive database to establish, join and help companies that produce client items in Massachusetts; figuring out obstacles to conducting enterprise right here; and performing as a useful resource to attach native suppliers and purchasers.
“I’ve had the common-or-garden alternative to have interaction with small enterprise house owners to generate proposals to learn small companies that are all of the extra related in gentle of COVID-19,” mentioned Sen. DiZoglio about her modification. “It will likely be of super assist to have the Provide and Purchase Mass program created by this modification. Having on-line accessibility to producers of non-public safety tools earlier than wants outpaced provide would have put us a lot additional forward than we discovered ourselves. The modification updates our assets to be in keeping with the instances.”
(A “Sure” vote is for the modification.)
ALSO UP ON BEACON HILL
GOV. BAKER PROPOSES AMENDMENTS TO POLICING BILL – Gov. Charlie Baker has returned the invoice making adjustments within the state’s policing system to the Legislature with out his signature. He supplied a number of amendments for legislators to contemplate.
“There are … a small variety of proposals in [the bill] that I can’t settle for as a result of they introduce boundaries to efficient administration and the safety of public security with out advancing the central purpose of bettering police accountability and professionalism,” Baker advised legislators in a letter alongside along with his amendments. He added, “If they aren’t addressed, I don’t intend to signal the … invoice.”
A kind of proposals unacceptable to the governor would ban police from utilizing facial recognition programs to resolve crimes.
“I suggest to reinforce the research of facial recognition already proposed within the invoice whereas hanging out the legislation change that drastically limits its use by any public company,” continued Baker. “The restrictions on the know-how, with solely considerably restricted exceptions for legislation enforcement, ignores the necessary function it might probably play in fixing crime. For instance, in the previous couple of years right here in Massachusetts, a toddler rapist and an confederate to a double homicide are each now in jail because of facial recognition know-how.”
Carol Rose, government director of the American Civil Liberties Union of Massachusetts, helps the ban. ““Sadly, Gov. Baker rejected a vital due course of provision that may shield Massachusetts residents from unregulated police use of face surveillance know-how, which has been confirmed to unfairly goal Black and Brown folks, resulting in the arrest of harmless folks,” mentioned Rose.
“Unchecked police use of surveillance know-how additionally harms everybody’s rights to anonymity, privateness, and free speech,” continued Rose. “We urge the Legislature to reject Gov. Baker’s modification and to make sure passage of commonsense laws of presidency use of face surveillance.”
The governor was in settlement or keen to just accept a lot of the invoice together with creating an unbiased, civilian-led fee with the facility to research police misconduct and to certify, limit, revoke or droop certification for law enforcement officials and keep a publicly obtainable database of decertified officers; setting requirements for certified immunity underneath which certified immunity wouldn’t prolong to a legislation enforcement officer who violates an individual’s proper to bias-free skilled policing if that conduct leads to the officer’s decertification; banning the usage of chokeholds; limiting the usage of lethal power; requiring law enforcement officials who witness one other officer utilizing power past what is critical or cheap to intervene; and limiting no-knock police warrants in cases the place youngsters or folks over 65 are current.
PROTECT VICTIMS OF VIOLENT CRIME AND HUMAN TRAFFICKING (S 2973) – The Senate gave preliminary approval to laws that would supply victims of violent crime and human trafficking enhanced protections underneath the legislation. The invoice standardizes the method for legislation enforcement, prosecution, judicial and investigatory companies to offer noncitizen victims, who’ve been useful within the investigation or prosecution of great crimes, with the certification kind they should apply for a U-visa or T-visa.
In 2000, Congress created the U-visas and T-visas as a part of the Trafficking Victims Safety Act to assist immigrant victims come ahead to legislation enforcement. As a part of this visa course of, a state or native authorities company should full a visa certification kind, certifying that the applicant is a sufferer of a violent crime or trafficking and that individual was useful within the investigation or prosecution of mentioned crime.
Supporters mentioned that 13 states have carried out statewide requirements for visa certifications however famous the requirements round sufferer certification are nonetheless inconsistent throughout Massachusetts.
“Human trafficking is a vicious crime and modern-day model of slavery that has little understanding amongst most of the people each regionally and globally,” mentioned Sen. Mark Montigny (D-New Bedford) who sponsored an earlier model of the proposal. “Many victims are susceptible ladies or youngsters with only a few monetary assets and are lured into trafficking with false guarantees of financial alternative and prosperity. Many victims are additionally immigrants who could concern retaliation from their trafficker ought to they search to contact legislation enforcement or another useful resource for assist.”
“This invoice makes an incredible distinction within the lives of immigrant survivors at such a essential second in the course of the COVID-19 pandemic,” mentioned Julie Dahlstrom, Director and Scientific Affiliate Professor on the Immigrants’ Rights and Human Trafficking Program at Boston College College of Legislation. “It sends a transparent sign to immigrant survivors, who are sometimes fearful to report back to legislation enforcement, that they will step ahead to report violent crime and human trafficking and entry necessary protections.”
“As a former authorized companies lawyer, I helped a whole lot of victims of crimes with numerous authorized points and noticed firsthand simply how necessary it’s to go legal guidelines that may improve sufferer and witness participation within the legal authorized system,” mentioned Rep. Tram Nguyen (D-Andover), a sponsor of an earlier model of the measure. “This invoice won’t solely promote justice and preserve victims secure, however it should additionally assist legislation enforcement to research and prosecute crimes and improve public security for everybody in our communities.”
DOZENS OF MARIJUANA-RELATED BILLS ARE SHIPPED OFF TO A STUDY COMMITTEE – A number of payments heard by the Committee on Hashish have been shipped off to a research committee the place payments are by no means really studied and are basically defeated. It’s one other strategy to kill a invoice as an alternative of holding a vote on the invoice itself.
Listed here are three payments filed by Rep. Hannah Kane (R-Shrewsbury), the rating Republican on the Hashish Committee, that have been despatched to the research committee and are basically useless. “I used to be disenchanted that these payments have been despatched to check this session as I consider we missed a straightforward alternative to strengthen public well being protections for our younger folks and to shut unintended loopholes,” mentioned Kane. “I plan on submitting every of those three payments once more subsequent session.”
MUST BE 21 TO ATTEND MARIJUANA-RELATED EVENT (H 3704) – Prohibits anybody underneath 21 from attending marijuana-related occasions, conferences, boards and exhibitions and imposes as much as a $2,000 tremendous on occasion sponsors who violate this restriction. The invoice exempts marijuana use prevention packages for youth, youth instructional packages or substance misuse packages associated to marijuana use.
“Quite a few cannabis-related occasions, some with no minimal age of entry and others with an 18-years of age or older entry requirement, happen in Massachusetts yearly, attracting hundreds,” mentioned Rep. Kane. “These occasions draw youngsters, younger school college students and fogeys who convey their youngsters from everywhere in the commonwealth and past. Given the confirmed dangerous impression of marijuana use on the adolescent mind, in addition to decreased notion of hurt that promoting has on younger folks by way of the normalization of consumption, it’s essential to convey age of use and all efforts of promotion and advertising and marketing into alignment with present Massachusetts legislation.”
BAN MARIJUANA USE NEAR DAYCARE AND PLACES WHERE YOUTH CONGREGATE (H 3528) – Updates current language to ban possession and consumption of marijuana close to daycare facilities and any facility the place youngsters generally congregate. The modification replaces present language within the legislation which is imprecise and bans the use close to any youth middle.
“[The bill] would tighten the prevailing legislation to make sure that marijuana and/or marijuana equipment usually are not possessed or consumed in proximity to any facility the place youngsters are most definitely to congregate,” mentioned Kane.
PROHIBIT DISCOUNTS (H 5326) – Prohibits leisure, non-medical marijuana retail retailers from providing a “low cost” to medical marijuana cardholders.
Supporters say there’s a loophole in present legislation that enables marijuana institutions to supply reductions to medical marijuana cardholders, encouraging these people to purchase marijuana from their institution as an alternative of the medical marijuana-approved institutions for which the playing cards are designed. Leisure marijuana is at present taxed whereas medical marijuana shouldn’t be.
“The reductions typically contain discounting the worth paid for [non-medical] marijuana by an quantity equal to what the client will likely be required to pay in gross sales and excise tax, thereby negating the worth distinction between medical and leisure marijuana,” mentioned Kane. “When the preliminary legislation was enacted, it was by no means imagined nor sanctioned that marijuana institutions would be capable of entice medical marijuana customers by providing these reductions.”
GOV. BAKER ACTS ON $45.9 BILLION FISCAL 2021 STATE BUDGET AND ABORTION PROVISIONS – Gov. Baker signed onto legislation a $45.9 billion fiscal 2021 state price range that was authorised by the Home and Senate and despatched to him on December 4. Baker additionally vetoed and amended a number of gadgets and minimize $156 million in spending on numerous packages.
Baker supported a few of the abortion initiatives within the price range together with making abortions obtainable to ladies after 24 weeks in circumstances the place a physician has identified a deadly fetal anomaly. He mentioned the price range affirmatively establishes in Massachusetts legislation a girl’s proper to entry an abortion and ensures {that a} girl can entry an abortion in circumstances the place the kid won’t survive after delivery. “These are necessary adjustments to guard a ladies’s reproductive rights and autonomy within the commonwealth, and I help them,” mentioned Baker in his message to the Legislature. “Nevertheless, I can’t help the opposite ways in which this part expands the supply of late-term abortions and permits minors age 16 and 17 to get an abortion with out the consent of a mum or dad or guardian.”
The ROE Act Coalition, which incorporates the ACLU of Massachusetts, NARAL Professional-Alternative Massachusetts and Deliberate Parenthood Advocacy Fund of Massachusetts, launched a press release saying it’s deeply disenchanted by Gov. Baker’s failure to acknowledge the pressing want to enhance entry to care. “His modification pushes abortion care out of attain for a lot of, particularly for folks with low-incomes and communities of colour,” mentioned the assertion. “Legislators should end this course of true to the spirit with which it started—with a dedication to equitable entry to abortion care. [We] urge legislators to reject Gov. Baker’s modification and ship again language that eliminates longstanding, politically motivated boundaries to abortion.”
“The governor can’t have it each methods,” continued the assertion. He can’t name himself pro-choice and preserve anti-choice restrictions in place. Present legislation in Massachusetts is damaged, and this modification maintains the state’s best boundaries to care. For many years, medically pointless boundaries to abortion have despatched folks out of state, compelled younger folks to go earlier than a choose, and delayed and denied care. Below Gov. Baker’s modification, these hardships will proceed. These boundaries disproportionately hurt folks of colour and other people with low incomes.”
“I’m glad to see the governor push again on this radical abortion laws,” mentioned Massachusetts Household Institute President Andrew Beckwith. “Notably throughout this Introduction season, and in the midst of COVID-19, we must be embracing life, not dying, for our unborn youngsters.”
“Though there stays a lot on this invoice with which to take difficulty, we thank Gov. Baker for the commonsense suggestion to lift the age for consent to abortion to 18,” mentioned Patricia Stewart, government director of Massachusetts Residents for Life.
The Home and Senate are more likely to try and override Baker’s veto of reducing the age from 18 to 16 which was authorised by obvious veto-proof margins within the Home of 108-49 and 33-7 within the Senate. The Legislature has till the 2020 legislative session ends on January 5, 2021 to behave on these abortion provisions.
QUOTABLE QUOTES –Grants Awarded This Week Version
$804,181
—The quantity of the rental help grant to the Bay State from the U.S. Division of Housing and City Growth to deal with 63 veterans prone to experiencing homelessness.
$3,709,438
—The quantity of know-how grants given by the state to cities and cities to help their efforts to modernize and enhance data know-how operations.
$1,661,594
—The quantity of Shared Winter Streets and Areas grants given by the state to cities and cities to assist them conceive, design and implement tactical adjustments to curbs, streets and parking areas in help of public well being, secure mobility and renewed commerce, with a particular deal with the actual challenges of winter.
$11,700,000
—The quantity of Abilities Capital Grants awarded to 47 instructional establishments to replace tools and broaden pupil enrollment in packages that present profession training.
HOW LONG WAS LAST WEEK’S SESSION?
Beacon Hill Roll Name tracks the size of time that the Home and Senate have been in session every week. Many legislators say that legislative periods are just one facet of the Legislature’s job and that loads of necessary work is completed exterior of the Home and Senate chambers. They observe that their jobs additionally contain committee work, analysis, constituent work and different issues which are necessary to their districts. Critics say that the Legislature doesn’t meet often or lengthy sufficient to debate and vote in public view on the hundreds of items of laws which were filed. They observe that the infrequency and transient size of periods are misguided and result in irresponsible late-night periods and a mad rush to behave on dozens of payments within the days instantly previous the top of an annual session.
Through the week of Dec. 7-11, the Home met for a complete of 19 minutes whereas the Senate met for a complete of 16 minutes.
Monday, Dec. 7
Home 11:01 a.m. to 11:07 a.m.
Senate 11:10 a.m. to 11:12 a.m.
Tuesday, Dec. 8
No Home session
No Senate session
Wednesday, Dec. 9
No Home session
No Senate session
Thursday, Dec. 10
Home 11:00 a.m. to 11:13 a.m.
Senate 11:32 a.m. to 11:46 a.m.
Friday, Dec. 11
No Home session
No Senate session
Bob Katzen welcomes suggestions at [email protected]
