House overrides Baker vetoes
Rep. Garry proposes allowing jaywalking fee hike
Beacon Hill Roll Call records local senators’ and representatives’ votes on roll calls from recent House and Senate sessions. There were no roll calls in the House and Senate last week.
Repeal $250 asset limit
The House, 130-29, overrode Gov. Charlie Baker’s veto of a bill that would repeal a current law that prohibits anyone with assets of more than $250 from being eligible for Emergency Aid to the Elderly, Disabled and Children (EAEDC). This program provides cash and medical assistance to certain categories of needy individuals in Massachusetts, including the physically or mentally disabled, aged 65 or older or caring for a disabled individual who would otherwise be institutionalized.
In his veto message, Baker said that he supports aligning the asset limit for the program with the federal Supplemental Security Income (SSI) Program asset limit which is currently $2,000.
“I prefer this alternative to eliminating the asset test completely, as EAEDC is generally designed to provide a bridge to individuals waiting for an eligibility determination from the SSI program,” he said. “I look forward to the opportunity to work collaboratively with the Legislature to develop a policy that is in alignment with relevant federal policies and ensures that these benefits are available for individuals and families in highest need.”
Supporters of repealing the $250 limit said potential recipients are already facing economic hardship and should not be required to spend down a small amount of money in a savings account in order to qualify for this vital assistance. They argued it makes no sense to require recipients to spend down savings that could be used to pay their regular expenses and other important bills.
(A “Yes” vote is for repealing the $250 asset limit. A “No” vote is for keeping the $250 limit.)
YES: Rep. James Arciero; Rep. Colleen Garry; Rep. Thomas Golden; Rep. Kenneth Gordon; Rep. Natalie Higgins; Rep. Vanna Howard; Rep. Meghan Kilcoyne; Rep. Michael Kushmerek; Rep. Rady Mom; Rep. Tram Nguyen; Rep. David Robertson; Rep. Dan Sena; Rep. Jonathan Zlotnik.
NO: Rep. Kimberly Ferguson; Rep. Sheila Harrington; Rep. Marc Lombardo.
Study poverty in Massachusetts
The House, 131-28, overrode Baker’s veto of a bill that establishes a 29-member special commission to investigate and recommend methods for reducing poverty in Massachusetts over the next 10 years and expanding opportunity for people with low incomes. The commission would include ten members of the governor’s cabinet and other executive branch commissioners.
The governor supported reducing the commission from 29 members to 20 members.
“I strongly support the aim of this commission,” Baker said in his veto message. “However, in my view, to streamline the efforts of the commission and permit the meaningful participation of all members, it is necessary to modify its composition, retaining the position reserved for the Secretary of Health and Human Services and otherwise removing additional representation from the Executive Branch. Without these amendments, I do not support the proposal.”
Supporters of the bill said the 29-member commission will ensure input from a variety of experts with experience in many areas. They noted the commission will make recommendations that will help to reduce poverty in the Bay State over the next ten years.
(A “Yes” vote is for the bill. A “No” vote is against it.)
YES: Rep. James Arciero; Rep. Colleen Garry; Rep. Thomas Golden; Rep. Kenneth Gordon; Rep. Natalie Higgins; Rep. Vanna Howard; Rep. Meghan Kilcoyne; Rep. Michael Kushmerek; Rep. Rady Mom; Rep. Tram Nguyen; Rep. David Robertson; Rep. Dan Sena; Rep. Jonathan Zlotnik.
NO: Rep. Kimberly Ferguson; Rep. Sheila Harrington; Rep. Marc Lombardo.
48-hour notice prior to processing mail-in and absentee ballots
The Senate, 38- 0, approved an amendment that would require cities and towns to post a 48-hour notice prior to the processing of mail-in and absentee ballots and to inform the public that they are welcome to come to the polling place and observe the processing and counting.
“This amendment creates an additional level of transparency paramount to improving the public’s trust in the election process,” said sponsor Sen Ryan Fattman, R-Sutton. “The public will be able to hold election officials accountable through this opportunity to oversee the processing of mail-in ballots which must be publicly posted 48 hours prior to said processing. The unanimous vote in the Senate to support this amendment is a clear indicator that this is a necessary step to increase transparency and will help maintain and restore the public’s trust in the process.”
Also up on Beacon Hill
Primary enforcement of
the seat belt law — The Public Safety and Homeland Security Committee held a virtual hearing on a measure that would allow police officers to issue tickets for seat belt violations even if the driver is not first stopped for another violation as required under current law. Other provisions prevent officers from searching the vehicle or occupants solely because of the seat belt violation and prohibit a seat belt violation from resulting in a surcharge on motor vehicle insurance premiums.
The fine for drivers and passengers over the age of 16 who violate the law would be increased from $25 to $50. The current additional $25 fine on the driver for each passenger between the ages of 12 and 16 who is not wearing a seat belt would also rise to $50.
“A seat belt saved my life,” said Sen. Paul Feeney, D-Foxboro. “When I was 21 years old, I was driving in the car with my high school sweetheart, now wife, when I was blindsided and our car started to flip out of control. I have no doubt that wearing a seat belt that day saved our lives. The evidence is clear: the likelihood of severe injuries and fatalities drops significantly when people buckle up, yet data shows that Massachusetts lags the nation in seat belt usage. If we can, through carefully crafted legislation, encourage seat belt use to save lives as it did mine, then we’re making a difference in the commonwealth. We should pass this law to save lives and include a data collection provision to ensure that it is applied evenly and without bias.”
Promote equity in agriculture — The Environment, Natural Resources and Agriculture Committee held a virtual hearing on legislation that would create a 15-member Commission on Agricultural Equity to study and make recommendations for supporting racially equitable investments, policies and practices to promote equity in agriculture in the Bay State.
“While people of color make up some 29% of the state’s population, they steward just 0.3% of farmland and contribute just 0.4% of the market value of agricultural goods in Mas
sachusetts,” said sponsor Sen. Jo Comerford, DNorthampton. “This bill would point the way for the commonwealth to take effective action to truly support farmers with diverse backgrounds and dismantle institutions that perpetuate racism in this key sector of our economy.”
Safe drinking water in schools — Two more proposals heard by the Committee on Environment, Natural Resources and Agriculture would mandate at least annual testing of drinking water in schools and early child care centers across the state. The bills would establish the actions, including the immediate shut-off of outlets with elevated levels of lead, that must be taken by the school or child care center to remedy a situation in which there are excessive lead levels.
“When kids go to school, their brains should be stimulated by learning not poisoned by lead,” said House sponsor Rep Lori Ehrlich, D-Marblehead. “We know that lead is a potent neurotoxin with long lasting effects and we know how to get it out of the drinking water, so it’s time to act.”
“Everyone should have access to clean, safe drinking water — especially our kids, whose health is most at risk from lead pollution,” said Ben Hellerstein, state director for Environment Massachusetts. “With thousands of tests showing lead in Massachusetts’ schools, we can’t afford to waste any time to protect children from this clear health threat.”
Allow ambulances to be used for injured police dogs — The Public Safety and Homeland Security Committee has recommended passage of legislation that would require EMS personnel to provide emergency treatment to a police dog and use an ambulance to transport the dog injured in the line of duty to a veterinary clinic or veterinary hospital if there are not people requiring emergency medical treatment or transport at that time.
Sen. Mark Montigny, DNew Bedford, first filed the bill in 2019 following the tragic death of Yarmouth Police Sgt. Sean Gannon, who was shot and killed in the line of duty. His K-9 partner Nero was severely
injured and had to be rushed to the animal hospital in the back of a police cruiser. Nero survived. Montigny also cites the heartbreaking loss of the beloved K-9 Kitt of the Braintree Police Department.
Jaywalking — The Transportation Committee held a virtual hearing on legislation that would allow cities and towns to raise the current statewide fines for jaywalking which are $1 for a first, second and third offense and $2 for fourth and subsequent offenses. The proposal would allow communities to raise the fines to $25 for a first offense; $50 for a second offense; and $100 for a third or subsequent offense. The fines would be hiked even higher if the violation occurs while the person is using a mobile device or wearing earbuds or headphones — to $50 for a first offense; $100 for a second offense; and $200 for a third or subsequent offense.
“The … bill was filed due to the experiences many in my district have had driving through the City of Lowell on the roadways that cut across the campuses of University of Massachusetts at Lowell,” said sponsor Rep. Colleen Garry, D-Dracut. “Despite flashing lighted crosswalks, some students cross wherever they want. Many are not paying attention as they are talking on their phones or listening to music with headphones. We would like these college students to pay attention and cross where they are supposed to so they remain safe and the drivers don’t hit them and become liable for their injuries. This is just one example of why an increase in the jaywalking fine is important.”
Free school breakfast and lunch — Baker signed into law a bill that would require schools in which a majority of students come from low-income families to provide universal free breakfast and lunch to all students. The program would be paid for by the federal government.
The legislation also abolishes policies that can shame students for having unpaid school meal debt. It prohibits schools from publicly identifying a student who has a meal debt; disposing of an already served meal because of the
student’s lack of funds to pay for the meal or because of unresolved meal debt; denying a student a meal as a form of behavioral discipline or punishment; prohibiting a student or a sibling of a student from attending or participating in extracurricular activities, field trips or school events and from receiving grades, official transcripts, report cards or from graduating or attending graduation events solely because of unresolved meal debt.
“The increase in hunger is particularly dangerous for the commonwealth’s children,” said Senate sponsor Sen. Cindy Creem, D-Newton. “Food insecurity has a negative effect not only on a child’s day-to-day life, but also lasting effects on a child’s health, longterm development and ability to succeed in school. … It’s time to bring an end to these unconscionable methods of shaming children whose families cannot afford school meals. Children should not be going hungry in Massachusetts, and they should not be penalized for their family’s poverty.”
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 Oct. 11-15, the House met for a total of 6 hours and 40 minutes while the Senate met for a total of 4 hours and 4 minutes.