Baker vetoes immigrant driver’s licenses
Would have let undocumented people be legal to drive
Beacon Hill Roll Call records local senators’ votes on roll calls from the week of May 23-27. Some Senate roll calls are on proposed amendments to the $49.78 billion fiscal 2023 budget.
This was the Senate’s third state budget in the COVID-19 era and many senators participated virtually from their homes or offices.
Of the of the 1,179 amendments filed by senators, only 15 came to a roll call vote. Many others were simply approved or rejected one at a time on voice votes without debate.
To move things along even faster, the Senate also did its usual “bundling” of many amendments. Instead of acting on each amendment one at a time, hundreds of the proposed amendments are bundled and put into two piles — one pile that will be approved and the other that will be rejected, without a roll call, on voice votes where it is impossible to tell which way a senator votes.
Senate President Karen Spilka, or the senator who is filling in for her at the podium, orchestrates the approval and rejection of the bundled amendments with a simple: “All those in favor say ‘aye,’ those opposed say ‘no.’ The ayes have it and the amendments are approved.” Or “All those in favor say ‘aye,’ those opposed say ‘ no.’ The no’s have it and the amendments are rejected.”
Senators don’t actually vote yes or no, and, in fact, they don’t say a word. The outcome was determined earlier behind closed doors.
Baker vetoes driver’s license for immigrants bill
The House 118- 36, and Senate 32-8, approved and Gov. Charlie Baker vetoed, a conference committee version of legislation that would, starting July 1, 2023, allow undocumented/ illegal immigrants to apply for a Massachusetts standard driver’s license. The House and Senate had approved different versions of the measure and this compromise was reached by a conference committee comprised of three senators and three representatives. The wide margin of passage by both branches means that each branch has the necessary two-thirds vote to override Baker’s veto.
The legislation requires an applicant “without legal presence” in the United States to provide the Registry of Motor Vehicles with a foreign passport and at least one of five other documents: a driver’s license from another state, a foreign driver’s license, a birth certificate, a foreign national identification card or a marriage certificate or divorce decree from any U.S. state.
“I cannot sign this legislation because it requires the Registry of Motor Vehicles to issue state credentials to people without the ability to verify their identity,” Baker said in his veto message. “The Registry does not have the expertise or ability to verify the validity of many types of documents from other countries. The bill also fails to include any measures to distinguish standard Massachusetts driver’s licenses issued to persons who demonstrate lawful presence from those who don’t.”
(A “Yes” vote is for the bill. A “No” vote is against it.)
YES: Rep. James Arciero; Rep. Colleen Garry; Rep. Kenneth Gordon;
Rep. Natalie Higgins; Rep. Vanna Howard; Rep. Meghan Kilcoyne; Rep. Michael Kushmerek; Rep. Rady Mom; Rep. Tram Nguyen; Rep. Dan Sena; Sen. Michael Barrett; Sen. John Cronin; Sen. James Eldridge; Sen. Barry Finegold; Sen. Cindy Friedman; Sen. Edward Kennedy. NO: Rep. Kimberly Ferguson; Rep. Marc Lombardo; Rep. David Robertson; Sen. Anne Gobi; Sen. Bruce Tarr.
Revenge porn
The House 154- 0, approved and sent to the Senate a proposal that would prohibit the posting of sexually explicit images of another person online without their permission — commonly referred to as “revenge porn.” The practice is often used by ex-spouses or ex-partners. Massachusetts is one of only two states that does not have a law about this crime.
Another prov ision changes current law under which minors, under 18 years of age, who share explicit images of themselves or other minors can be charged with violating Massachusetts child pornography laws and are required to register with the Sex Offender Registry. The bill allows minors to be diverted to an educational program that would provide them with information about the consequences of posting or transmitting indecent visual depictions of minors.
$49.7 billion fiscal 2023 state budget
The Senate 40- 0, approved a $49.78 billion fiscal 2023 state budget after adding nearly 500 amendments and $93 million in spending during three days of debate. The House has already approved a different version and a House- Senate conference committee will eventually craft a plan that will be presented to the House and Senate for consideration and sent to the governor.
Provisions include $16.5 million for grants to the Head Start program to maintain access to early education services for lowincome families; $1.5 million for the Genocide Education Trust Fund to educate middle and high school students on the history of
genocide; $243.8 million for charter school reimbursements; $112.5 million for children’s mental health services; $56 million for domestic violence prevention services; $30.5 million for the Massachusetts Emergency Food Assistance Program; and $24.1 million for summer jobs and workreadiness training for atrisk youth.
Supporters said that the budget also codifies new protections for receiving and providing reproductive and gender-affirming health care in Massachusetts, in response to laws in other states allowing their residents to bring legal action against individuals for traveling out- of-state to receive services and against workers who provide care. It also includes $2 million for grants for improvements in reproductive health access, infrastructure and safety.
Tax cuts
The Senate 10- 30, rejected a tax reduction amendment that would provide a three-month suspension of the 24- cent-pergallon gas tax; reduce from 12% to 5% the short-term capital gains tax rate; double the dependent care tax credit from $240 to $480 for one qualifying individual and to $960 for two or more individuals; increase the rental deduction cap from $3,000 to $5,000; increase the threshold for “no tax status” to $12,400 for single filers and $24,800 for joint filers; and double the maximum Senior Circuit Breaker Credit.
(A “Yes” vote is for the tax cuts. A “No” vote is against the tax cuts).
NO: Sen. Michael Barrett; Sen. John Cronin; Sen. James Eldridge; Sen. Cindy Friedman; Sen. Edward Kennedy. YES: Sen. Barry Finegold; Sen. Anne Gobi; Sen. Bruce Tarr.
Additional $750,000 for good Samaritans
The Senate 38- 0, approved an amendment providing an additional $ 750,000 to fund “Hey Sam” — an anonymous peer-to-peer mental health texting program staffed by young people. The service, available to people up to 24 years old, gives youths the
opportunity to reach peers if they are suicidal, lonely, depressed, overwhelmed, struggling or need any kind of support and someone with whom they can talk.
Don’t ask, don’t tell
The Senate, 40- 0, approved an amendment requiring that LGBTQ service members who were forced out of the military with anything other than an honorable discharge under the “Don’t Ask, Don’t Tell” policy that barred openly gay, lesbian or bisexual persons from military service from 1994 to 2011, be eligible for state benefits from the Massachusetts Department of Veterans Services.
New Americans
The Senate, 39- 0, approved an amendment increasing by $500,000 (from $1,033,019 to $1,533,019) funding for the “Citizenship for New Americans Program” to assist eligible low-income legal permanent residents of the Bay State to become citizens of the United States. They said that this program leads to high rates of success on the naturalization exam.
Supporters said the program would provide instruction in English and civics and assistance to help immigrants fill out the 22-page application. They noted that these programs enjoy high rates of success on the naturalization exam. They argued that one in six Massachusetts residents is foreign born, and more than 200,000 people in Massachusetts are currently eligible for citizenship.
Amendment sponsor Sen. Jamie Eldridge, D-ACton, said this funding will enable these programs to meet continued high demand for these services. “I am proud to represent a district with many vibrant immigrant communities throughout it,” Eldridge said. “Recently, I have been assisting Neighborhood Support Teams in the town of Harvard and the city of Marlborough resettle Afghan evacuees who aided in our country’s fight against the Taliban. I look forward to the day that these people who risked their lives for our nation become citizens.”
Also up on Beacon Hill
• Creating Women’s Rights History Trail Program: The House and Senate approved and sent to Gov. Baker a bill that would require the state to develop and implement a Women’s Rights History Trail Program. The measure includes requiring the state to designate properties and sites that are historically and thematically associated with the struggle for women’s rights and women’s suffrage.
Another provision provides that the state promotes education and awareness of the struggle for women’s rights in the state. A 13-member Women’s Rights History Trail Task Force would be formed to research, solicit public input and make recommendations for sites, properties and attractions to be included in the trail.
• Clearing name of “nonwitch” Elizabeth Johnson: The Senate approved an amendment clearing the name of Elizabeth Johnson who in 1693 was the last person convicted of witchcraft, at the height of the Salem Witch Trials. Johnson was sentenced to death by hanging but was never executed.
The state approved legislation in the 1900s that cleared the names of those who were executed and had not been exonerated, but that excluded Johnson. She never had children so there has never been a group of descendants pushing for exoneration.
Sen. Diana Dizoglio, DMethuen, filed the bill on behalf of middle school civics class students in North Andover. Johnson lived in the part of Andover that is North Andover today.
“This legislation would not have been possible without the tireless efforts of (their teacher) Carrie Lapierre and her students,” said Dizoglio. “They are to be celebrated for stepping up to the plate and having the courage to be a voice for someone who hasn’t had a voice for so long. We will never be able to change what happened to victims like Elizabeth but at the very least, can set the record straight. If we do not right the wrongs of the past, history is destined to repeat itself. I am so proud
that these students stood up and spoke out for justice— setting an example for us all.”
• Sexual assault under false medical representation: The House gave initial approval to a bill that makes it a criminal offense when a medical or healthcare professional induces a patient to engage in sexual intercourse or touching by falsely representing that the act is necessary for a legitimate medical purpose. The measure adds sections to the existing rape and indecent assault and battery statutes to criminalize behavior by medical professionals where there has been a fraudulent representation of the necessity and propriety of conduct and adds these crimes to the law on the statute of limitations for other sexual assaults.
• Launch of Massachusetts Data Hub: The Baker administration announced the launch of the Massachusetts Data Hub, a new data search tool that allows users to search state resources and data by topic and keyword and to browse featured data published by state government.
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 May 23-27, the House met for a total of seven hours and four minutes and the Senate met for a total of 28 hours and four minutes.