Beacon Hill Roll Call records local senators’ votes on roll calls from the week of July 13 to July 17. There were no roll calls in the House last week.
The Senate, 30 to 7, approved and sent to the House a bill making major changes in the state’s policing system. The measure creates a Police Officer Standards and Accreditation Committee (POSAC) — an independent state entity composed of law enforcement professionals, community members and racial justice advocates — to standardize the certification, training and decertification of police officers.
Other provisions ban chokeholds that are performed with the intent of or with the result of causing unconsciousness or death; ban other deadly uses of force except in cases of imminent harm; require the use of de-escalation tactics when feasible; create a duty to intervene for officers who witness abuse of force; limit qualified immunity defense for officers whose conduct violates the law; expand and strengthen police training in de-escalation, racism and intervention tactics; and ban racial profiling, require racial data collection for all police stops, and require reporting and analysis.
“We have lots of wonderful police officers, and I am grateful for their service,” said Sen. Will Brownsberger, D-Belmont. “But we cannot turn a blind eye to the problems that do exist in the state, which have been so recently documented by the United States Department of Justice. Nor should we pretend that those problems are the only problems in the state. This legislation is long overdue and I’m glad we are moving forward.”
“I voted no because the bill that was brought before the Senate was hastily written and then pushed through to a vote in less than a week,” said Sen. Ryan Fattman, R-Sutton. “These actions result in a flawed product with multiple unintended consequences. For example, the language in this bill significantly dilutes and diminishes qualified immunity, not just for law enforcement officers, but for all municipal employees. Additionally, the bill would make it illegal for police and school administrations to communicate about gang and drug-related activity occurring in the school district, in turn making our schools and students less safe.”
A “Yes” vote is for the bill.
Sen. Joanne Comerford — Yes
Sen. Adam Hinds — Yes
The Senate, 16 to 23, rejected an amendment that would completely ban police officers from using a chokehold under any circumstances. The amendment would replace an existing section of the bill that was a compromise reached by the working group that helped draft the measure. That compromise section allows chokeholds as long as they are not performed “with the intent of or with the result of causing unconsciousness or death.”
The measure defines chokehold as “the use of a lateral vascular neck restraint, carotid restraint or other action that involves the placement of any part of a law enforcement officer’s body on or around a person’s neck in a manner that limits the person’s breathing or blood flow with the intent of or with the result of causing unconsciousness or death.”
A “Yes” vote is for a complete ban on chokeholds.
Sen. Joanne Comerford — Yes
Sen. Adam Hinds — Yes
The Senate, 3 to 36, rejected an amendment that would allow the use of a chokehold if the officer believes his or her life is “in immediate jeopardy of imminent death or serious bodily injury.”
A “No” vote is against the amendment.
Sen. Joanne Comerford — No
Sen. Adam Hinds — No
The Senate, 36 to 4, approved an estimated $16.9 billion bond bill authorizing spending on transportation projects and infrastructure. Provisions include $5.6 billion for federal highway system projects; $2 billion for the design, construction and repair of non-federally aided roadway and bridge projects; and $1.25 billion for construction, resurfacing and improvements of bridges and approaches. The package is a bond bill under which the funding would be borrowed by the state through the sale of bonds.
A controversial section of the bill allows cities, towns and regions to raise local taxes to fund transportation projects outside of Proposition 2½, which limits property tax increases.
The package also includes earmarks for hundreds of millions of dollars for hundreds of projects in legislators’ districts across the state — many of which will never be funded. The Baker Administration is required to adhere to the state’s annual bond borrowing cap and ultimately decides which projects are affordable and actually get funded.
The House has already approved an $18 billion transportation package that includes an estimated $522 million to $600 million tax hike to fund improvements to the state’s transportation system. None of the hikes are included in the Senate version.
Hikes include a 5 cents-per-gallon increase in the motor vehicle gas excise tax; a 9 cents-per-gallon increase in the diesel fuel tax; an increase in the aviation fuel tax from 5 percent of the average price per gallon to 7.5 percent; elimination of the sales tax exemption on vehicle purchases for traditional rental car companies; replacing the current flat $456 minimum corporate excise tax with a nine-tiered sliding scale ranging from $456 if the corporation’s total sales are less than $1 million to $150,000 if the corporation’s sales total $1 billion; and increasing the 20 cents-per-trip flat fee to $1.20 for each non-shared Uber and Lyft ride and $2.20 for every luxury ride. The bill includes language aimed at preventing Uber and Lyft from passing those hikes directly onto riders.
Supporters said the bill funds important transportation projects across the state and, unlike the House version, does not raise taxes.
A House-Senate conference committee will hammer out a compromise version.
A “Yes” vote is for the bill.
Sen. Joanne Comerford — Yes
Sen. Adam Hinds — Yes
The Senate, 8 to 31, rejected a motion to strike from the bill a section that allows cities, towns and regions to raise local taxes to fund transportation projects outside of Proposition 2½, which limits property tax increases.
A “Yes” vote is in favor of deleting the local tax option and is therefore against the option. A “No” vote is to leave the local tax option in the bill and therefore is in favor of the option.
Sen. Joanne Comerford — No
Sen. Adam Hinds — No
The Senate, 14 to 25, rejected an amendment that would allow any city or town to install and operate live digital video school bus violation detection monitoring systems to enforce violations against the owner of a vehicle who failed to stop for a school bus when required to do so by law. School buses with the monitoring system installed would post signs indicating the use of that system.
“At least 22 states have enacted stop-arm laws to catch and punish motorists who pass stopped school buses by allowing local jurisdictions to install cameras on the outside of the bus to record illegal passings,” said the amendment’s sponsor Sen. Diana DiZoglio, D-Methuen. “This is a commonsense mechanism that would help to increase driver awareness, prevent injuries and save lives, and the use of cameras for this specific purpose has widespread voter support in Massachusetts.”
Opponents said the transportation bill is focused on transportation projects and not general road safety. They said there are some safety provisions in the bill, but those provisions are focused on construction zones, which make them related to the transportation bill.
A “No” vote is against putting cameras on buses.
Sen. Joanne Comerford — No
Sen. Adam Hinds — No
The Senate, 16 to 24, rejected an amendment striking a section of the bill that sets new limits on qualified immunity protections that shield police and other government officials from civil suits. The amendment would replace the section with a special commission to study the state’s current qualified immunity and report back to the Legislature within six months.
Qualified immunity is a judicially-created legal doctrine established by the U.S. Supreme Court. Under current qualified immunity, police officers and other government officials can only be held accountable in civil suits for violating someone’s rights if a court has previously ruled that it was “clearly established” those precise actions were unconstitutional.
Supporters of the study said they are not saying that qualified immunity should exist without some change, nor that it should be abolished. They are simply saying the Senate needs more information before taking any action.
“We need to do a deep-dive,” said Sen. John Velis, D-Westfield, the sponsor of the study amendment. “We need to hear from stakeholders.”
Opponents of the study said the limits the bill places on qualified immunity are reasonable and fair, and are a compromise between doing nothing and abolishing qualified immunity outright.
Critics say qualified immunity has shielded violent police officers from being personally responsible for their actions. Supporters of it say that limiting qualified immunity puts police officers at risk of frivolous lawsuits.
Carol Rose of the American Civil Liberties Union of Massachusetts said setting some limits on qualified immunity is a start.
“To make any laws about excessive use of force meaningful, it is absolutely essential to reform qualified immunity,” Rose said. “While the ACLU and many of our allies still wish to see qualified immunity eliminated, we commend the Senate for taking this critical action and urge the House to do the same.
The Boston Police Patrolmen’s Association (BPPA) is opposed to the limits placed on qualified immunity.
“Qualified immunity is a bedrock protection extended to all public employees,” tweeted the BPPA. “Not just police officers. It does not protect bad cops. In fact, it only protects police officers who act reasonably and within the rules and regulations of their respective departments.”
A “No” vote is against the study.
Sen. Joanne Comerford — No
Sen. Adam Hinds — No
The House and Senate approved and sent to Gov. Charlie Baker a bill that would provide $1.1 billion to cover expenses related to response to the COVID-19 pandemic. Gov. Baker has been urging the Legislature to quickly get a spending bill to his desk because the state cannot be eligible for federal reimbursements for costs related to the virus until a package is approved by the Legislature and signed by the governor.
Provisions include $350 million for personal protective equipment; $139 million for rate add-ons to providers of congregate care and other essential human services; $93 million for incentive pay for state employees at facilities that are in operation 24 hours a day; $85 million for field hospitals and shelters; $44 million for the Community Tracing Collaborative; $36 million for emergency child care for essential workers; and $13.5 million for housing authorities.
The measure also makes Juneteenth Independence Day an official state holiday. Juneteenth marks the day — June 19, 1865 — that enslaved African Americans in Texas received word from Union Army Gen. Gordon Granger that they were free, more than two years after President Abraham Lincoln issued the Emancipation Proclamation freeing all slaves. News of, and enforcement of, Lincoln’s proclamation relied on the advancement of union troops, which were slow to reach Texas, and enforcement had been slow and inconsistent prior to Granger’s announcement in Galveston, Texas.
The House gave initial approval to a bill making it a crime to perform female genital mutilation on anyone under the age of 18. Offenders would be subject to up to five years in state prison; or a fine of up to $10,000 and up to 2.5 years in a house of correction.
Supporters say it is estimated that more than 200 million girls and women alive today have been the victims of this barbaric act. They note that the procedure has no health benefits for women and girls and, in fact, can cause health problems including bleeding, urinary problems and complications in childbirth sometimes leading to the death of the child.
“Female genital mutilation is not medically necessary and offers absolutely no health benefits, but it carries serious health-related risks and can cause lifelong psychological and emotional trauma,” said sponsor House Minority Leader Brad Jones, R-North Reading. “We must serve as both a voice and a shield for those young girls that are most at risk for female genital mutilation.”
The House and Senate approved and sent to the governor legislation that would grant additional tools to the State Reclamation and Mosquito Control Board to combat mosquito-borne illnesses including Eastern Equine Encephalitis (EEE) and West Nile Virus (WNV). The measure gives the board the authority to take preventative, management and eradication methods to address the mosquito problem when the risk is elevated. The board must notify local authorities, property owners, agricultural entities and other stakeholders about spraying plans, products and timelines.
Other provisions include allowing cities and towns to opt out of mosquito control efforts if they provide a suitable alternative control plan; requiring the board after each spraying action to provide a written report summarizing efforts and details of products used to stakeholders; and creating a Mosquito Control for the 21st Century Task Force to develop a sustainable, long-term mosquito plan using input from stakeholders and experts with the goals of protecting public health while minimizing environmental impacts.
“Overuse of pesticides has impacts on our natural ecosystems, water resources, pollinators and potentially our health,” said Rep. Carolyn Dykema, D-Holliston. “This bill requires Massachusetts to develop a more sustainable approach to mosquito-borne viruses that limits our reliance on broad-based spraying. Climate change is likely to increase the presence of these viruses in the future, and this legislation will ensure we have a more effective and environmentally responsible response.”
The House approved and sent to the Senate a proposal that would allow a court to order mandatory use of an interlock device for any driver who operated a vehicle with a blood-alcohol content of 0.15 or greater. Under current law, ignition interlocks are an option for operators driving under a hardship license only after two or more drunk driving convictions.
Massachusetts currently stands alone as the only state in which a person convicted of drunk driving for the first time is not given the option to install an ignition interlock device, which requires the driver to blow into a mouthpiece before starting the vehicle. The device determines whether the driver’s blood-alcohol concentration is above or below a preset legal limit. If the result is above the limit, the vehicle will not start.
Rep. Tim Whelan, R-Brewster, a former police officer, supports the amendment and has also sponsored a separate bill that he says would essentially do the same as the amendment.
“Massachusetts is the only state in the nation that does not allow for interlocks for first offenders in lieu of license suspension,” Whelan said. “This bill is strongly supported by Mothers Against Drunk Driving (MADD).”
The House and Senate approved and sent to Gov. Baker a bill that would allow restaurants to sell sealed containers of mixed drinks with takeout and delivery orders. A law passed in April allows restaurants and bars to sell limited quantities of beer and wine, in their original containers, with takeout and delivery orders. The order did not include mixed drinks.
The proposal requires cocktail orders to be placed by midnight or earlier if the establishment closes before then. The measure defines mixed drinks as those sealed in a container holding up to 64 fluid ounces of liquor combined with a mixer.