Beacon Hill Roll Call: Dec. 16 to Dec. 20, 2024

By BOB KATZEN

Published: 12-27-2024 1:18 PM

There were no roll call votes in the House or Senate last week. Both branches spent most of their time in session listening to the farewell speeches of legislators who will not be returning to the Legislature next year.

The 2023-2024 Legislative session ends on Jan. 1, 2025. At that time, all bills that have not been given final approval by both the House and the Senate and sent to the governor die.

Many of the bills that will die have not been approved by either branch. But there are several measures that were given initial approval with little or no debate by the House. Following initial approval, the proposals automatically go to the House Committee on Bills in Third Reading (BTR), whose job it is to review the bill and check the contents for legal technicalities and proper citations. After the bill is released by BTR, it is considered and debated by the House and then put up for an up or down vote.

Under House Rule 28A, BTR has 45 days to report out the bill to the House floor for debate and a vote.

The rule reads: “The committee on Bills in the Third Reading shall report on a legislative matter not later than 45 days following the day the matter was referred to it. The clerk shall indicate on the calendar entry of every matter before the committee on Bills in the Third Reading the date that said matter was referred to said committee.”

Beacon Hill Roll Call has found four bills that many months ago were given initial approval by the House with little or no debate and were sent to BTR where they have all lingered much longer than 45 days and will die if not acted upon by Jan. 1.

Beacon Hill Roll Call believes that BTR is violating House rules by keeping the bills in committee and not reporting them out after 45 days as required under House rules. This tactic is often used by BTR and other House committees to bottle a measure up and ultimately defeat it by running out the clock.

There is a way for the sponsor of a bill, or any other member, to force the bill onto the floor for a vote. Under House rules, after 45 days, all it takes is one House member to force the bill out of committee by raising a point of order that the BTR committee is in violation of House rules by keeping a bill that has been before BTR for more than 45 days. The committee would then be directed to report the bill to the House floor for debate and a vote. If a member never mentions this point of order, the committee continues to hold the bill, without any consequences.

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Rarely, if ever, does a member go that route against the wishes of the leadership and the committee chair. A state representative who requested anonymity told Beacon Hill Roll Call, “It’s no secret that Speaker Mariano controls the flow of legislation and a bill makes progress in the House only when he wants it to. Every member knows that one of the biggest sins is to publicly make a motion to discharge a bill from a committee. The leadership frowns upon that.”

Some argue the committee is often a burial ground for bills that will never again see the light of day. They noted that sometimes even one-page bills have been tied up in the committee for months. They say it is outrageous to think that the committee needs months to check a one-page bill for accuracy, grammatical errors, duplication, consistency and constitutionality.

Others say the committee has many bills to review and that it takes time to do the job properly.

Rep. Tom Walsh, D-Peabody, House chair of the Bills in Third Reading Committee, did not respond to repeated requests by Beacon Hill Roll Call asking him if he is violating House rules and why the four bills are still stuck in his committee. The office of House Speaker Ron Mariano, D-Quincy, did not respond to repeated requests asking the speaker if Walsh is violating House rules.

House Minority Leader, Rep. Brad Jones, R-North Reading, told Beacon Hill Roll Call, “While none of these bills are ones that I am currently co-sponsoring, it’s certainly the prerogative of any member to ask that these bills be moved from committee if they so desire. That being said, my focus over the next few weeks will be on putting together a package of meaningful rules reforms for the 2025-2026 session that will promote greater transparency, accountability and increased public awareness of the legislative process.” Jones did not respond to the question of whether he thinks that Rep. Walsh is violating House rules by keeping the bill in committee.

Rep. Marc Lombardo, R-Billerica, who is running against Jones for the position of GOP House minority leader, did not respond to repeated requests by Beacon Hill Roll Call to comment on the situation.

Here are the four bills that were all approved by the House more than 45 days ago:

Online car sales (H 351)

On Feb. 12, 2024, the House gave initial approval to a bill that makes online sales of cars subject to the same law as if the sales were executed at the dealership’s physical place of business.

Supporters said the bill aims to modernize the law regarding online car buying by not forcing dealers to provide a three-day return policy for online auto purchases. The measure would make it so the businesses selling these cars would have the choice to make all purchases final as long as that fact is clearly disclosed to the customer, instead of making the dealer pay for the sometimes significant transportation costs associated with a customer changing their mind. They noted that people shopping for a car online have the benefit of a lot of information to make this important decision, as well as the luxury to shop for many cars at once located over a great distance.

Reps. Jack Lewis, D-Framingham, and Priscila Sousa, D-Framingham, the co-sponsors of the proposal did not respond to repeated requests by Beacon Hill Roll Call asking them if they think BTR is violating House rules by holding up the measure and if they would move to discharge the bill from BTR.

Fortune tellers (H 3893)

On Feb. 15, 2024, the House gave initial approval to legislation that would eliminate the state law requiring that all fortune telling applicants must have lived in the city or town in which they are seeking their license to practice for at least one continuous year prior to filing their application.

Supporters said the bill will remove an old law that has become antiquated and makes no sense.

Sponsor Rep. Susannah Whipps, I-Athol, did not respond to repeated requests by Beacon Hill Roll Call asking her if she thinks BTR is violating House rules by holding up the measure and if she would move to discharge her bill from the committee.

Increase fines for violating handicapped parking (H 3261)

On Feb. 22, 2024, the House gave initial approval to a proposal that would allow cities and towns to increase the current $300 maximum fine for parking illegally in a parking space reserved for people with disabilities. That $300 fine is set by the state and goes into the municipalities’ General Fund. The measure would allow cities and towns to impose an additional $450 fine, making the total fine $750. The additional $450 would be placed into a specialized local account to be used for Americans with Disabilities Act (ADA) upgrades in the city or town where the violation occurred. The original $300 fine would still go into the community’s General Fund.

Supporters said that across the state, cities and towns have plans to make their communities more accessible but a lack of funding often prevents them from enacting their plans. They noted that this bill would allow them to place some of the financial burden on the backs of those who violate the laws that exist to protect the rights of people with disabilities.

Sponsor Rep. Bruce Ayers, D-Athol, did not respond to repeated requests by Beacon Hill Roll Call asking him if he thinks BTR is violating House rules by holding up the measure and if he would move to discharge his bill from the committee.

Rosa Parks Day (H 3075)

On Feb. 26, 2024, the House gave initial approval to legislation designating Feb. 4 as Rosa Parks Day “in lasting recognition of a historic civil rights leader.”

Supporters said it is long past time to honor this hero of the civil rights movement whose courageous act to challenge segregation kindled and continues to inspire the fight for justice and equality of all people.

Co-sponsors Reps. Mike Kushmerek, D-Fitchburg, and Kip Diggs, D-Barnstable, did not respond to repeated requests by Beacon Hill Roll Call asking them if they think BTR is violating House rules by holding up the measure and if they would move to discharge their bill from the committee.

Also up on Beacon HillLombardo vs. Jones for GOP House minority leader

Rep. Marc Lombardo, R-Billerica, announced his candidacy for House GOP minority leader. He is challenging current GOP Minority Leader Rep. Brad Jones, R-North Reading, who has been a representative for 30 years and has held the leadership post since 2002. Lombardo is a 14-year incumbent who first took office in 2011.

The election will take place on Jan. 1 when the Legislature convenes the 2025-2026 session.

“Massachusetts is at a crossroads,” said Lombardo. “For too long, the voices of our communities have been overshadowed by the Democratic Party’s monopoly on power. Our Republican Caucus has a duty to provide a real alternative, one that champions fiscal responsibility, individual liberty, and the values that make Massachusetts a great place to live and work. To do this, we need leadership that is dynamic, collaborative and unafraid to chart a new course.

“The current Republican leadership has repeatedly failed to be a voice of reason at a time when Democrats continue to pass laws that are crippling the economy and making Massachusetts one of the most expensive states in the country to live in,” he continued. “Hard-working people across the commonwealth are suffering as a direct result of these failed progressive policies that the Republican leader has supported. Energy costs are through the roof, it’s almost impossible to run a small business and billions are being spent on illegal migrants when a growing number of residents are barely able to make ends meet.”

“I am proud to have the support of the overwhelming majority of the caucus as I seek re-election as minority leader,” Jones responded in a brief statement. “I have enjoyed the productive discussions with Republican colleagues about how we can work together as we head into the 2025-2026 session. I look forward to continuing to serve as House minority leader come Jan. 1.”

According to Beacon Hill Roll Call’s records, Lombardo has voted the same as Jones on 84% of the 357 roll calls from 2021 to 2024. The roll calls used to determine those numbers exclude any roll calls on local matters.

Opioid crisis (H 5143)

The House and Senate approved and sent to Gov. Maura Healey a conference committee version of legislation that supporters say would expand non-opioid pain treatments; establish licenses for recovery coaches; support pregnant women and their children who have been exposed to substances; and vastly expand access to opioid-reversal drugs. The House and Senate had approved different versions of the legislation and a conference committee hammered out this compromise version.

Other provisions mandate that all health plans cover opioid reversal drugs such as Narcan without cost-sharing or prior authorization; require hospitals and substance use treatment facilities to educate patients on opioid reversal drugs and prescribe or dispense at least two doses to at-risk patients upon discharge; and require pharmacies in areas with high incidences of overdoses to maintain a sufficient and consistent supply of opioid reversal drugs while also requiring them to stock both over-the-counter and prescription versions.

The bill includes several new insurance provisions, including a prohibition on life insurance companies from limiting or refusing coverage to a person solely because they obtained an opioid-reversal drug, and a prohibition on medical malpractice insurers from discriminating against health care practitioners who provide harm reduction services. The bill also updates requirements for insurance providers to ensure adequate coverage and access to pain management services, including non-opioid treatments, and expands access to non-opioid pain treatment by incorporating non-opioid alternatives into provider training.

“Too many families have known the pain of substance use disorder and, tragically, the loss of a loved one because of it,” said Senate President Karen Spilka, D-Ashland. “Opioids have stolen life from parents, children, siblings and friends. The legislation approved by the Legislature … makes powerful strides toward mitigating this crisis by helping those coping with substance use disorder reduce harm, find treatment and achieve recovery that lasts a lifetime.”

“As families across Massachusetts know all too well, the impact of opioid addiction can be utterly devastating for the individual and for their loved ones, which is why a continued focus on combating substance use is a critical responsibility that we have as elected officials,” said House Speaker Ron Mariano, D-Quincy.

“I am happy to have played a role as one of the final six legislators who negotiated the contents of this bill,” said Sen. Ryan Fattman, R-Sutton. “This is a very comprehensive, impactful bill devoid of controversy that will no doubt save lives at a very important time in history and a bill that the vast majority of the citizens of the commonwealth can support.”

“This comprehensive legislation affirms our commitment to treating substance use as a matter of public health, and I’m proud of our continued progress in promoting recovery and preventing overdose deaths,” said Rep. Adrian Madaro, D-Boston, House chair of the Committee on Mental Health, Substance Use and Recovery.

Blood banks (S 2994)

The Senate approved and sent to the House legislation that would allow organizations registered as blood establishments with the federal Food and Drug Administration to maintain a blood bank if the bank is approved by the Massachusetts commissioner of the Department of Public Health and the Public Health Council.

Supporters said there are a number of blood banks that operate nationally that currently supply Massachusetts hospitals but may not draw or store blood here. They argued that this legislation is intended to address that inefficiency. Currently only the Red Cross, Center for Blood Research and hospitals are permitted to draw and store blood in Massachusetts.

“This bill simply allows FDA-approved facilities in Massachusetts to accept blood donations,” said sponsor Sen. Barry Finegold, D-Andover. “This commonsense initiative will expand access and capacity, benefiting hospitals and patients alike.”

REAL ID

The Registry of Motor Vehicles is reminding Massachusetts residents that beginning on May 7, 2025, people traveling by plane domestically or entering certain federal facilities will need a RMV-issued REAL ID-compliant driver’s license or ID, or a valid passport.

The RMV strongly encourages everyone seeking a REAL ID-compliant license or ID card to visit Mass.Gov/REALID to learn what documents are needed for a required in-person appointment. Appointments to upgrade to REAL IDs are available now, and several RMV service centers offer Saturday appointments. Customers who already have a compliant credential may renew online as long as they have not had a name change.

Auto and home insurance discounts (H 5133)

The House approved and sent to the Senate legislation waiving, for six years, until 2030, a law that requires businesses and groups to have a 35% participation rate to qualify for group auto and home insurance discount rates. The measure permits groups with less than the 35% participation to take advantage of group rates, which supporters say will save members between 5% and 8%. The law has been waived since 1997. The 35% requirement was first included in a 1973 law.

Supporters said if the bill is not approved, insurance discounts for 322,000 vehicles and 142,000 homes in Massachusetts would disappear on Jan. 1, 2025, and consumers will pay millions of dollars more for insurance.