Beacon Hill Roll Call: Nov. 25 to Nov. 29, 2024

Cigarette butts sit in an ashtray in New York. A trio of Massachusetts legislators announced they plan to co-sponsor legislation aimed at eventually ending the sale of all nicotine and tobacco products in Massachusetts. Sen. Jason Lewis, D-Winchester, and Reps. Tommy Vitolo, D-Brookline, and Kate Lipper-Garabedian, D-Melrose, said they will file the bill for consideration in the 2025-2026 legislative session.

Cigarette butts sit in an ashtray in New York. A trio of Massachusetts legislators announced they plan to co-sponsor legislation aimed at eventually ending the sale of all nicotine and tobacco products in Massachusetts. Sen. Jason Lewis, D-Winchester, and Reps. Tommy Vitolo, D-Brookline, and Kate Lipper-Garabedian, D-Melrose, said they will file the bill for consideration in the 2025-2026 legislative session. AP FILE PHTO/JENNY KANE

By BOB KATZEN

Published: 12-06-2024 1:57 PM

There were no roll calls in the House or Senate last week.

The 2025-2026 legislative session is scheduled to begin in January. One of the first orders of business in the Senate will be the adoption of rules under which the Senate will operate for the next two years.

One of the proposed changes that will be debated is an attempt by the Republican minority to make it more difficult for the Senate to conduct late-night sessions. The makeup of the new Senate will consist of 36 Democrats and four Republicans.

Under current rules, a two-thirds roll call vote is required for the Senate to conduct its session beyond 8 p.m. A separate two-thirds roll call vote is required for the Senate to continue beyond midnight.

For the 2023-2024 session, the Republicans proposed two changes to those rules. The first would require a separate two-thirds vote for the session to continue after 10 p.m. and go until midnight. The second would require a unanimous vote for the Senate to meet beyond midnight.

“I voted in favor of these amendments as a check on how the Senate operates beyond normal business hours,” said Sen. Ryan Fattman, R-Sutton. “It’s important that these [changes take place] … going into the next legislative session, in order to discourage the habit of debating and passing legislation under the cover of darkness and bring more transparency to the legislative process.”

“The Senate rejected a couple of rule changes in order to justify more secrecy,” said Paul Craney, a spokesperson for the Massachusetts Fiscal Alliance. “It’s a tremendous disservice to the taxpayers and their constituents. The Senate should not be meeting in the very late or early morning hours to conduct their official business. Unfortunately, in Massachusetts, the legislative process is very broken.”

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Opponents of the two new rules say the current Senate rules are sufficient.

“On rare occasions to complete critical work such as lowering housing costs or reforming the prescription drug industry, the Senate meets beyond regular business hours and into the evening,” said a spokesperson for Senate President Karen Spilka, D-Ashland. “Under the Senate rules approved by members for the [2023-2024 session], two-thirds of the members must vote in order to continue a session beyond 8 p.m. and two-thirds must also vote in order to continue beyond midnight.”

Require a two-thirds vote to go beyond 10 p.m.

The Senate, 4-34, rejected an amendment that would require a two-thirds vote for the Senate to continue any session beyond 10 p.m. and continue the session until midnight. This would be in addition to a current Senate rule that requires a two-thirds vote to continue a session beyond 8 p.m. and a two-thirds vote to continue a session beyond midnight.

Amendment supporters said requiring the two-thirds vote will ensure that late-night sessions between 10 p.m. and midnight, when legislators are tired and many citizens are already sleeping, do not become the norm but are allowed only when a vast majority of senators favor it.

Amendment opponents said the current rules requiring a two-thirds vote to go beyond 8 p.m. and another two-thirds vote to go beyond midnight are sufficient and argued there is no need to add another layer.

A “No” vote is against requiring a two-thirds vote to go beyond 10 p.m. and continue until midnight.

Sen. Joanne Comerford — No

Sen. Paul Mark — No

Require unanimous vote to go beyond midnight

The Senate, 4-34, rejected an amendment that would require a unanimous vote for the Senate to continue any session beyond midnight. Current rules require a two-thirds vote to go beyond midnight.

Amendment supporters said sessions after midnight, when taxpayers are sleeping and some members are barely awake, are irresponsible and should only be held if 100% of the senators agree there is a major emergency.

Amendment opponents said going beyond midnight is only done when there is an emergency. They said it is often impossible to get a unanimous vote on anything and argued it is not wise to give a single member the power to essentially adjourn the Senate.

A “No” vote is against requiring a unanimous vote to go beyond midnight.

Sen. Joanne Comerford — No

Sen. Paul Mark — No

Also up on Beacon Hill Ban nicotine and tobacco

A trio of legislators announced they plan to co-sponsor legislation aimed at eventually ending the sale of all nicotine and tobacco products in Massachusetts. Sen. Jason Lewis, D-Winchester, and Reps. Tommy Vitolo, D-Brookline, and Kate Lipper-Garabedian, D-Melrose, said they will file the bill for consideration in the 2025-2026 legislative session.

The proposal will not take away the right to purchase nicotine and tobacco products from anyone who is already legally able to do so. Instead, the measure would prohibit people under 21 who are not currently old enough to legally purchase nicotine and tobacco products, from ever being lawfully able to purchase these products in Massachusetts.

“We all know the devastating health effects of nicotine and tobacco products, especially on our youth who are targeted by Big Tobacco,” Lewis said. “This bill will save countless lives and create a healthier world for the next generation.”

“This legislation treats everyone fairly,” Vitolo said. “Those who are not old enough now to obtain nicotine products will never be old enough to buy them in Massachusetts. Those who are old enough today will always be old enough. This problem is going to take a generation to solve, and with this legislation we can solve it, one day at a time.”

“We already have laws that prevent tobacco retailers from selling to anyone under 21 — and they check IDs diligently,” responded Peter Brennan, executive director of the New England Convenience Store and Energy Marketers Association. “The current system works. Prohibiting adults from purchasing legal tobacco products in a regulated environment such as local stores is a misguided infringement on adults’ rights and will do nothing to address youth tobacco use.”

Attorney general issues citations to some Burger King franchise owners

Attorney General Andrea Campbell announced that her office has issued citations totaling more than $2 million against Northeast Foods LLC, a company that operates dozens of Burger King franchise locations across the state, for violating various state employment laws, including child labor laws. The citations include restitution for unpaid wages and penalties.

Campbell alleges the operator violated Massachusetts’ child labor laws between January 2022 and March 2023 when it scheduled minors for work during legally prohibited hours and in excess of the state’s limit of nine daily working hours for workers that are 16 and 17 years old. She also alleges that the Burger King franchise operator failed to pay minimum wage and make timely payments to workers, and in some instances, failed to pay any wages to workers.

“Our workplace laws exist to provide crucial rights and protections to our workforce,” Campbell said. “My office will continue to enforce these laws to protect and empower workers, including young workers who contribute to their communities and gain new skills and experiences.”

Audit of the Department of Early Education and Care

State Auditor Diana DiZoglio released the results of an audit of the Department of Early Education and Care (EEC), reviewing the period from Jan. 1, 2021 to Dec. 31, 2022.

EEC, which licenses approximately 9,000 child care-related programs that support an average of 55,000 children daily, has responsibilities including providing financial assistance for child care services to low-income families, providing parenting support to families, and providing professional development opportunities to employees in the field of early education and care.

The audit’s findings include charges that EEC did not conduct licensing visits to residential programs within the required time frames. The report noted that EEC cannot ensure that its residential programs operate within safe and healthy environments if it does not complete licensing visits within the required period.

The report also alleges that EEC did not review or initiate investigations of all reports of suspected child abuse and neglect in its licensed programs and failed to conduct all required background record checks for employees of its licensed residential programs.

“Our Early Education and Care audit has identified serious issues that put children at risk,” DiZoglio said. “These concerns must be immediately addressed so children are protected. We urge the administration to respond with the urgency that this matter requires and look forward to our post-audit review in six months to track progress on our recommendations.”

$3.8 billion to address sexual and domestic violence

Gov. Maura Healey announced that the state has awarded $3.8 million in state and federal funds to support state, local and nonprofit agencies working to combat intimate partner violence, sexual assault, human trafficking and stalking.

“This grant funding reaffirms our deep commitment to ensuring a future where every individual can live with dignity, respect and without fear of abuse,” Healey said. “By investing in programs that support healing and justice, these grants will provide essential resources for survivors of domestic and sexual violence, human trafficking and stalking. Professionals across sectors will be empowered to deliver trauma-informed, accessible services to help survivors rebuild and thrive.”

“Safe, reliable access to services is vital for survivors of sexual and domestic violence,” said Public Safety and Security Secretary Terrence Reidy. “By fostering strong partnerships among prosecutors, law enforcement and service providers, we create a network of life-saving support that reaches those who need it most. With these grants, state, local and nonprofit agencies are empowered to deliver critical interventions and services that help survivors on their path to healing and recovery.”

Governor’s Council certifies presidential election results

The Governor’s Council certified the results of the election of Massachusetts’ 11 electors for the offices of U.S. president and vice president. All 50 states have to certify their votes in the federal election and send them to Congress to be counted before the Electoral College gathers on Dec. 17 to cast their state’s electoral votes to make President-elect Donald Trump’s victory official.

Preliminary results show Harris received more than 61% of the Massachusetts vote and Trump won 36.5%. Secretary of State William Galvin’s office announced that 3,512,866 Massachusetts voters participated in the Nov. 5 election, representing the second-highest number of ballots cast in Massachusetts history, just behind the 3,657,972 ballots cast in 2020.

“I … want to commend the Secretary of State’s Office for their continued perfect administration of elections here in the commonwealth,” Healey said. “We thank you for your work in this election and all elections.”

“The turnout in Massachusetts appears to reflect a national trend, with a significant drop in participation in several of our cities, especially those with larger minority populations, and a slightly smaller rise in turnout in the more rural and suburban areas of the state,” Galvin said.