Senate votes on variety of measures
THE HOUSE AND SENATE: Beacon Hill Roll Call records local senators’ votes on roll calls from the week of March 18-22. There were no roll calls in the House last week.
REVENGE PORN AND TEEN SEXTING (S 2703) — Senate 40-0, approved 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. The measure establishes a sentence of up to 2.5 years in prison and/or a fine of up to $10,000; increases the upper limit of the fine for criminal harassment from $1,000 to $5,000; and allows a victim to petition the court for a harassment prevention order against a person who has violated this statute.
Another provision 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.
“I am proud that the Senate has passed comprehensive legislation to prevent abuse and exploitation,” said Sen. Jamie Eldridge (D-marlborough), Senate Chair of the Judiciary Committee. “The rise of new technology has created a reality in our society where it is easy to cause great harm and significant trauma to people, and Massachusetts needs to take action to better protect victims and prevent such disturbing actions from happening. We also need to provide more tools to protect people in a relationship from being psychologically abused through coercive control, with a growing recognition of the many ways that a partner or family member can cause emotional harm.”
The House has already approved a different version of the bill and a House-senate conference committee will likely work out a compromise version.
SUPPLEMENTAL BUDGET INCLUDING $250 MILLION FUNDING FOR SHELTERS (S 2708) — Senate 32-8, approved a supplemental budget that includes an additional $250 million in funding for the Emergency Assistance Program that funds the emergency family shelter system which houses migrants.
The bill requires each family in shelter to receive an individualized rehousing plan. It makes eligibility for shelter after nine months contingent upon compliance with the rehousing plan, with certain categorical exemptions. It would also allow officials to award one or more 90-day extensions to shelter residents who meet certain criteria, such as veterans, the disabled, a single parents of children with disabilities or those who need an extension to avoid losing a job.
Other provisions keep in place some pandemic-era programs, set to expire, including allowing restaurants to sell beer, wine and cocktails for take-out and expanding outdoor dining.
“The plan passed by the Senate today addresses the state’s fiscal reality while also treating individuals who have migrated to our state with dignity and respect,” said Senate President Karen Spilka (D-ashland). “As we continue to navigate through a challenge that has landed on our doorstep because of Congressional inaction, today we are addressing the immediate need to house families, bolstering our existing efforts to support those who have immigrated here in becoming part of our workforce, and providing a roadmap to manage this effort over time.”
“I voted No on the supplemental budget because the ‘Right to Shelter’ law is costing the commonwealth $3 million a day to house, feed, protect and educate or provide childcare services to individuals and families who are not our residents,” said Sen. Ryan Fattman (R-sutton).
“Our emergency shelter program was never meant to handle the number of individuals it is housing today and the federal government, who has the sole authority to handle this immigration crisis and provide financial relief to states, is nowhere to be found,” said Sen. John Velis (D-westfield) who also voted against the measure. “As the demand for the program continues at this unsustainable rate, we simply cannot continue to fund this ourselves without jeopardizing countless critical programs that we hold dear.”
Sen. Bruce Tarr, the chief opponent of the bill, did not respond to repeated requests by Beacon Hill Roll Call asking him to explain why he voted against it.
(A “Yes” vote is for the budget. A “No” vote is against it.)
YES: Sen. Michael Barrett; Sen. James Eldridge; Sen. Barry Finegold; Sen. Cindy Friedman; Sen. Edward Kennedy. NO: Sen. John Cronin; Sen. Bruce Tarr.
RESETTLEMENT AGENCIES MUST CONSULT WITH STATE (S 2708) — Senate 8-31, rejected an amendment that would require resettlement agencies to consult on a monthly basis with the Governor’s Executive Office of Housing and Livable Communities to ascertain the projected availability of space in the state’s shelter system. It also prohibits resettlement agencies from undertaking resettlement activity when it is foreseeable that the shelter system will exceed capacity.
Amendment opponents said the amendment is unnecessary and argued the resettlement agencies do a great job and should not be handcuffed and tied up with the bureaucracy.
Sen. Bruce Tarr (R-gloucester), the sponsor of the amendment and Sen. Cindy Friedman (D-arlington) who opposed the amendment, did not respond to repeated requests by Beacon Hill Roll Call asking them to explain why they voted the way they did.
(A “Yes” vote is for the amendment. A “No” vote is against it.)
NO: Sen. Michael Barrett; Sen. John Cronin; Sen. James Eldridge; Sen. Barry Finegold; Sen. Cindy Friedman; Sen. Edward Kennedy. YES: Sen. Bruce Tarr.
TAKE INTO ACCOUNT LENGTH OF RESIDENCY IN BAY STATE (S 2708) — Senate 12-27, rejected an amendment that would require the state take into account an individual’s length of residency in Massachusetts when determining priority in securing emergency shelter.
Amendment opponents said this would essentially create an unfair residency requirement that would have Bay State residents competing with each other for slots. They noted there are already reasonable provisions in the bill which prioritize pregnant women, victims of domestic abuse, work status and veterans’ status.
Sen. Bruce Tarr (R-gloucester), the sponsor of the amendment and Sen. Mike Rodrigues (D-westport) who proposed the amendment, did not respond to repeated requests by Beacon Hill Roll Call asking them to explain why they voted the way they did.
(A “Yes” vote is for the amendment giving preference to length of residency. A “No” vote is against the amendment.)
NO: Sen. Michael Barrett; Sen. James Eldridge; Sen. Cindy Friedman; Sen. Edward Kennedy. YES: Sen. John Cronin; Sen. Barry Finegold; Sen. Bruce Tarr.
CONDUCT SAFETY REVIEW (S 2708) — Senate 390, approved an amendment that would require the Executive Office of Housing and Livable Communities, in conjunction with the Executive Office of Public Safety and Security, to conduct a safety review of current safety practices and implement recommendations to reduce the risk to human life and safety.
Also up on Beacon Hill
ELECTRIC VEHICLE (EV) CHARGING STATIONS IN CONDO PARKING SPACES (H 1303) — The House gave initial approval to a bill that would prevent condominium associations, neighborhood conservation districts and historic district commissions, from prohibiting or unreasonably restricting owners from installing EV charging equipment in or near an owner’s parking space.
Restrictions that significantly increase the cost of the equipment, decrease its efficiency or effectively prohibit its installation would not be permitted. The bill would also require owners to pay the costs of installing and maintaining the charging equipment and for the costs of the electricity consumed during charging.
COVID-19 REMEMBRANCE DAY (H 2987) — The House gave initial approval to legislation that would designate March 10th as COVID-19 Remembrance
Day to honor all the people, especially older adults and people with disabilities, who died or were stricken with COVID-19. The measure also expresses appreciation of first responders, caregivers and researchers who cared for victims or developed treatments or vaccines in response to the virus. The measure would not take effect until March of 2025 since March 10 of this year has already passed.
REQUIRE BANKS AND OTHER MORTGAGE LENDERS TO PROVIDE ADDITIONAL INFORMATION (H 933) — The House gave initial approval to a proposal that would require banks and other mortgage lenders to provide additional information on a monthly basis to their borrowers including the balance of principal remaining; a confirmation of the most recent payment received; the balance of any escrow accounts; and a description of any payments from those escrow accounts.
MUST BE 21 TO ATTEND CANNABIS EVENT (H 112) — The House gave initial approval to legislation that would prohibit anyone under age 21 from attending any marijuana-related event, forum, convention or conference to promote or encourage marijuana use or to educate users or prospective users on marijuana use. The measure exempts prevention programs for youth, youth educational programs or substance abuse programs related to marijuana use. Any event organizer who violates this law would be fined $2,000 but the fine would not be imposed if the organizer reasonably relied on IDS that turned out to be phony.
CHANGE LANGUAGE IN LAW THAT CREATED COUNCILS ON AGING (H 624) — The House gave initial approval to legislation that would change some language in the 50-yearold law that created Councils on Aging in local cities and towns. Changes include deleting language that refers to “problems of the aging” and replacing it with “the needs of older adults;” deleting language that calls workers “clerks” and replacing it with language that calls workers “staff;” and adding “and delivering services” to the language in the bill which gives the council the authority to “carry out programs.”
Supporters said the bill modernizes the language in a 50-year-old law that created Councils on Aging at a time when there were very few senior centers. They noted that the number of Councils on Aging and senior centers has grown to 350 and said the bill updates the statute to reflect the modern functioning of these critical centers.
FREE MENSTRUAL PRODUCTS (H 563) — The House gave initial approval to a proposal that would require all public schools, with grades 6-12 students, to maintain free menstrual products, including sanitary napkins and tampons in restrooms and to make them available in a “convenient manner that does not stigmatize any persons seeking the products.”
“Requiring schools to provide free menstrual products will not only reduce distractions throughout the day but will also reduce embarrassment by guaranteeing that essential health items are readily available when needed,” said sponsor Rep. Jeff Roy (D-franklin). “Such access ensures that students can attend classes and participate in extracurricular activities without interruption. Toilet paper and paper towels are available free of charge at high schools and middle schools and menstrual products are no less essential to a student’s wellbeing. No student should face any barrier, financial or otherwise, to accessing basic health essentials.”
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 March 18-22, the House met for a total of one hour and 15 minutes and the Senate met for a total of 10 hours and 27 minutes.
Bob Katzen welcomes feedback at bob@ beaconhillrollcall.com. Bob founded Beacon Hill Roll Call in 1975 and was inducted into the New England Newspaper and Press Association (NENPA) Hall of Fame in 2019.