Senate OKS $3.82B spend package
Also approves Nero’s Law
Beacon Hill Roll Call records local senators’ votes on roll calls from the week of Nov. 8-12. There were no roll calls in the House. Most of the Senate roll calls are on the $3.82 billion package that spends the federal money the state received from the American Rescue Plan Act (ARPA) and the surplus left over from the state’s fiscal 2021 budget on relief and recovery from the effect of the COVID-19 pandemic over the past 18 months.
A LOOK BEHIND THE SCENES
All of the decisions on which senators’ amendments are included or not included in the relief and recovery package are made “behind closed doors in person” or in the COVID-19 era, “behind closed Zoom doors.” Many of the more than 700 amendments proposed were on local projects for cities and towns in individual senators’ districts. Some amendments were considered individually but many were consolidated into “yes” or “no” bundles, created by the Democratic leadership, and were approved or rejected on a voice vote all at once without debate and without a roll call vote.
Supporters of this system say that any senator who sponsored an amendment that was placed in the “no” bundle can bring it to the floor and ask for an up or down vote on the amendment itself. They say this system has worked well for many years.
Critics say this system gives too much power to the Democratic leadership and leaves all the decisions up to a handful of senators in leadership whose word is final.
$3.82B FOR COVID RELIEF AND RECOVERY
The Senate, 38- 0, approved a $3.82 billion package that spends the federal money the state received from the ARPA and the surplus left over from the state’s fiscal 2021 budget on relief and recovery from the effect of the COVID-19 pandemic over the past 18 months. The plan includes one-time investments in health and human services, education, housing, the environment, including climate mitigation, economic development and jobs. The House has already approved a different version of the measure and a House-senate conference committee will hammer out a compromise version.
Provisions include $400 million in mental and behavioral health support; $118.4 million for public health infrastructure and data sharing; $95 million for grants to local boards of health to be prepared to respond to future public health threats; $60 million for food security infrastructure; $50 million for nursing facilities; $25 million for a grant program for community violence prevention focused on communities disproportionately impacted by the COVID-19 pandemic; $500 million for the Unemployment Insurance Trust Fund to provide relief to small businesses; $75 million for equitable and affordable broadband access and infrastructure improvements to close the digital divide; $75 million for the Mass Cultural Council; $50 million for grants to minority-owned small businesses; $600 million for investments in affordable and accessible housing; $25 million for tree plant
ing; $15 million for parks and recreational projects; $10 million for clean energy retrofitting in affordable housing units; and $7.5 million for community colleges to help train underserved populations for green jobs.
UNEMPLOYMENT TRUST FUND
The Senate, 5-32, rejected an amendment that would increase from $500 million to $1 billion the amount of money that the bill would place in the state’s Unemployment Trust Fund, which pays out unemployment benefits to jobless residents.
Supporters said employers are currently saddled with paying back the $7 billion the state borrowed during the pandemic to stabilize the dwindling amount of money in the trust fund. Senate Minority Leader Bruce Tarr, RGloucester, the sponsor of the amendment, said businesses will find it difficult to bring on new employees while coping with the added costs of repaying the $7 billion.
“It was not possible to plan for a global pandemic that would cost $7 billion in the cost of the unemployment insurance trust fund,” Tarr said. “They’re going to say, ‘Can I afford that new employee, can I afford that new group of employees, when I have my share of this $7 billion mortgage?’ It’s hard enough. We don’t need that additional obstacle to be any higher than it has to be.”
(A “Yes” vote is for the additional $500 million. A “No” vote is against it.)
YES: Sen. Bruce Tarr. NO: Sen. John Cronin; Sen. James Eldridge; Sen. Barry Finegold; Sen. Cindy Friedman; Sen. Anne Gobi; Sen. Edward Kennedy. DIDN’T VOTE: Sen. Michael Barrett.
TWO-WEEK SALES TAX HOLIDAY
The Senate, 3-34, rejected an amendment providing $210 million for a twoweek sales tax holiday in 2022 allowing consumers to buy most products that cost under $2,500 during a two-week sales tax holiday without paying the state’s 6.25% sales tax. State law currently calls for a twoday sales tax holiday every year.
Amendment supporters say this longer tax-free holiday would boost retail sales and noted that consumers would save millions of dollars. They said this is a reasonable way to provide relief to taxpayers who suffered during the
pandemic and are now dealing with inflation, the high cost of gas, groceries and so many other things.
Amendment opponents said extending the holiday is more of a feel-good policy that does little to help families. They noted the extension would actually generate little additional revenue for stores because consumers typically buy the products even without the tax-free days.
(A “Yes” vote is for the additional $210 million and the two-week sales tax holiday. A “No” vote is against it.)
YES: Sen. Bruce Tarr. NO: Sen. John Cronin; Sen. James Eldridge; Sen. Barry Finegold; Sen. Cindy Friedman; Sen. Anne Gobi; Sen. Edward Kennedy. DIDN’T VOTE: Sen. Michael Barrett.
$5 MILLION FOR COLLEGE STUDENTS’ BEHAVIORAL AND MENTAL HEALTH NEEDS
The Senate, 37- 0, approved an amendment that would provide $5 million for grants to public higher education institutions to address student behavioral and mental health needs.
“College is the first time many young adults experience living on their own, which can certainly be a challenging transition,” said sponsor Sen. Julian Cyr, R-truro. “With the increased isolation and stress from the pandemic, there has been an unprecedented increase in the number of college students who report that they suffer from anxiety, depression and suicidal thoughts. Simply put, young adults are suffering. ( This) amendment will help address and support the mental health needs of students in our public higher education institutions.”
GIVE MEDAL OF LIBERTY TO PEOPLE WHO DIE DURING TRAINING EXERCISES
The Senate, 37- 0, approved an amendment that would expand eligibility for the Medal of Liberty to include families of service members who died during training exercises. Current law awards the medal to Massachusetts service men and women who have been killed in action or who died in service while in a designated combat area in the line of duty or who died from wounds received in action.
Sen. John Velis, D-westfield, told the story of Air
Force Lt. Col. Morris “Moose” Fontenot Jr., a Longmeadow resident who died in 2014 after his F-15C Eagle fighter jet crashed during a routine flight. Under 2014 and current law, Fontenot was not and is not eligible for the Medal of Liberty.
ALLOW AMBULANCES TO BE USED FOR INJURED POLICE DOGS — NERO’S LAW
The Senate, 38- 0, approved 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.
Sponsor Sen. Mark Montigny, D-new 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.
CONTINUE SESSION BEYOND 8 P.M.
The Senate, 35-2, approved a motion to suspend Senate rules to allow the Senate session to continue beyond 8 p.m. Under Senate rules, the Senate cannot meet after 8 p.m. unless the rule is suspended. The session lasted almost three hours beyond 8 p.m. and adjourned at 10:40 p.m.
Supporters of rule suspension said the Senate has important work to finish on the $3.82 billion COVID relief and recovery package and should stay in session to work on it.
Opponents of rule suspension said it is irresponsible for the Senate to debate and vote late at night when taxpayers are asleep.
(A “Yes” vote is for meeting beyond 8 p.m. A “No” vote is against it.)
YES: Sen. John Cronin; Sen. James Eldridge; Sen. Barry Finegold; Sen. Cindy Friedman; Sen. Anne Gobi; Sen. Edward Kennedy. NO: Sen. Bruce Tarr. DIDN’T VOTE: Sen. Michael Barrett.
ALSO UP ON BEACON HILL
PARENTING TIME: The Judiciary Committee held a hearing on legislation that supporters say would change Massachusetts law so that both parents who are going through a divorce have every right to continue to parent their children even after legal separation from their spouse. The measure replaces the word “visitation” in state’s custody laws with “parenting time.”
“The concept is simple — divorce is stressful on the children and no parent should be relegated to the status of a visitor,” said sponsor Rep. Shawn Dooley, R-norfolk. “As we know, words have a powerful impact and it is critical that neither parent’s role is diminished by inferring that one is a parent and caregiver and the other is just casually stopping by from time to time as a visitor. Most judges already make the order for parenting time as opposed to visitation so the law should reflect that.”
EXEMPT SOME COSMETIC PROCEDURES FROM REGULATION: A bill heard by the Committee on Consumer Protection and Professional Licensure would allow people to practice “natural hair braiding, blow-dry styling, eyelash extension application, make-up artistry and threading” without being licensed or regulated by the Board of Cosmetology and Barbering. A recent law approved by the Legislature and signed by Gov. Charlie Baker made this exemption for hair braiding.
PROHIBIT DISCRIMINATION IN CHILD CUSTODY AGAINST ADULTS WITH DISABILITIES: The Judiciary Committee held a hearing on legislation that would prohibit discrimination in child custody cases against adults
with disabilities. The measure would require courts to make written findings as to whether a parent’s disability causes actual harm to his or her child and is a factor in determining custody. Courts would also be required to determine whether any harm to the child could be alleviated through the use of adaptive equipment or supportive services for the parent.
Sponsor Sen. Joan Lovely, D-salem, said she filed the bill because parents with disabilities should never lose custody of a child if their disability does not put the child in harm’s way.
“Requiring written findings would assist in eliminating unconscious bias and ensure that a parent’s disability is not the sole factor in determining custody of a child,” Lovely said.
SHISHA PRODUCTS FOR HOOKAH DEVICES: A bill heard by the Consumer Protection and Professional Licensure Committee would allow for shisha tobacco products intended for use in hookah devices to be sold in retail stores alongside existing
and legal tobacco products. Under current law, these products are only permitted to be sold inside hookah bars for onsite consumption.
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 Nov. 8-12, the House met for a total of one hour and 24 minutes while the Senate met for a total of 12 hours and 25 minutes.
All of the decisions on which senators’ amendments are included or not included in the relief and recovery package are made ‘behind closed doors in person’ or in the COVID-19 era, ‘behind closed Zoom doors.’