Marijuana buds, pictured at Silver Therapeutics in Orange. The Senate, 39 to 0, approved and sent to the House a bill that makes changes in the cannabis industry including creating a social equity fund to provide grants and loans — including forgivable and no-interest loans — designed to assist entrepreneurs and businesses from communities disproportionately harmed by the decades of marijuana prohibition.
Marijuana buds, pictured at Silver Therapeutics in Orange. The Senate, 39 to 0, approved and sent to the House a bill that makes changes in the cannabis industry including creating a social equity fund to provide grants and loans — including forgivable and no-interest loans — designed to assist entrepreneurs and businesses from communities disproportionately harmed by the decades of marijuana prohibition. Credit: Staff File Photo/Paul Franz

Beacon Hill Roll Call records local senators’ votes on roll calls from the week of April 4 to April 8. There were no roll calls in the House last week.

Marijuana laws (S 2801)

The Senate, 39 to 0, approved and sent to the House a bill that makes changes in the cannabis industry including creating a social equity fund to provide grants and loans — including forgivable and no-interest loans — designed to assist entrepreneurs and businesses from communities disproportionately harmed by the decades of marijuana prohibition.

Another key provision would permit cities and towns, either through a voter referendum or by an act of the city council or selectboard, to allow the sale of marijuana and marijuana products for consumption on the premises where they are sold.

Supporters explained that opening an average cannabis retail shop can require up to $1.5 million. They noted that since federal cannabis laws prevent these businesses from accessing traditional bank loans, lack of capital can pose an insurmountable barrier.

“I’m proud that when the Senate and the Legislature legalized the commercial marijuana industry in 2017, we prioritized the creation of a first-in-the-nation equity program,” said Senate President Karen Spilka, D-Ashland. “Unfortunately, many barriers continue to prevent those historically harmed by marijuana prohibition from entering the industry. Today’s bill takes important steps to address these by providing resources to support social equity businesses and putting guardrails in place on the host community agreement process.”

“When we passed recreational cannabis legislation five years ago, we sought to ensure the commonwealth’s budding cannabis industry would be equitable, diverse, and have ample avenues of entry for small-scale and Black and Brown-led entrepreneurship,” said Sen. Julian Cyr, D-Truro. “Regrettably, the Legislature’s intention to build an industry rooted in social justice has not yet been fully realized. Today we are living up to that promise by establishing guardrails on host community agreements, allowing communities interested in pursuing social consumption sites to do so, and empowering a strong, vibrant, local cannabis industry with a robust cannabis equity fund.”

A “Yes” vote is for the bill.

Sen. Joanne Comerford — Yes

Sen. Anne Gobi — Yes

Sen. Adam Hinds — Yes

Require referendum on on-site consumption (S 2801)

The Senate, 3 to 36, rejected an amendment that would require a city or town to hold a voter referendum on any proposal that would allow the sale of marijuana and marijuana products for consumption on the premises where they are sold. The amendment would replace language in the bill that gives two options to cities and towns: hold a referendum or have the option to give the authority to the city council or selectboard.

Amendment supporters said that the voters, not city or town officials, should have the final say on whether to allow these businesses to operate in the community.

“If you believe in democracy and full participation and allowing every voter to weigh in, and most of us do, then you would be in support of this amendment,” said amendment sponsor Sen. Bruce Tarr, R-Gloucester.

Amendment opponents said cities and towns should have both the referendum option and the local officials’ option, which will save the costs of holding a referendum.

The main opponent of the amendment, Sen. Sonia Chang-Diaz, D-Boston, did not respond to repeated requests by Beacon Hill Roll Call to comment on the amendment.

A “No” vote is for allowing a referendum or a vote by local officials.

Sen. Joanne Comerford — No

Sen. Anne Gobi — No

Sen. Adam Hinds — No

Create a fund to help municipalities develop agreements (S 2801)

The Senate, 8 to 31, rejected an amendment that would create a state-funded Host Community Technical Assistance Fund to help cities and towns in developing and negotiating host community agreements (HCAs) — which are agreements between a municipality and the company looking to open a marijuana-related business.

“If we are going to put so much stock in HCAs and put stringent requirements on their accounting and execution, then we ought to be helping municipalities that may not have the ability to negotiate and develop the kind of agreements that we all hope to have,” said amendment sponsor Sen. Bruce Tarr, R-Gloucester.

Amendment opponents said the fund is not necessary and noted that the bill includes the creation of a model agreement on which cities and towns can base their agreements without spending a lot of money. They also noted cities and towns can use the 3% tax that local communities are already entitled to levy on the businesses.

The main opponent of the amendment, Sen. Sonia Chang-Diaz, D-Boston, did not respond to repeated requests by Beacon Hill Roll Call to comment on the amendment.

A “Yes” vote is for the amendment. A “No” vote is against it.

Sen. Joanne Comerford — No

Sen. Anne Gobi — Yes

Sen. Adam Hinds — No

Commission on drugged driving (S 2801)

The Senate, 39 to 0, approved an amendment that would create a Special Commission on Drugged Driving to do research on the development of technology and methods that would reliably test individuals suspected of operating vehicles under the influence of marijuana. The commission would submit an annual report, beginning Jan. 1, 2024, of its findings and recommendation for legislation.

“From what we have seen in Massachusetts and other states where marijuana has been legalized, there has been an uptick in incidents of driving under the influence of cannabis and this remains a significant public safety issue,” said Sen. Mike Moore, D-Millbury. “Drugged driving has long been an issue here in the commonwealth, however, the lack of a reliable test for individuals operating motor vehicles under the influence of marijuana has posed challenges to law enforcement. This amendment creates a commission to help ensure that we remain vigilant to advancements in technology and have updated policies for court proceedings to keep our roadways safe.”

A “Yes” vote is for the amendment.

Sen. Joanne Comerford — Yes

Sen. Anne Gobi — Yes

Sen. Adam Hinds — Yes

Creating Women’s Rights History Trail Program (S 2802)

The Senate, 39 to 0, approved a bill that would require the state to develop and implement a Women’s Rights History Trail Program. The measure includes requiring the state to designate properties and sites that are historically and thematically associated with the struggle for women’s rights and women’s suffrage. Another provision provides that the state promote education and awareness of the struggle for women’s rights in the state. A 13-member Women’s Rights History Trail Task Force would be formed to research, solicit public input and make recommendations for sites, properties and attractions to be included in the trail.

The House has already approved its own version of the bill. The Senate version now goes to the House for consideration.

“Massachusetts has a rich history of involvement in the women’s rights movement,” said the bill’s sponsor Sen. Joan Lovely, D-Salem. “Women have had a pivotal role in shaping the policies of our commonwealth, and this bill will ensure that those contributions are known and celebrated. … The history of these women is our history, and we must continue to advance that history forward.”

“Women in Massachusetts have played a pivotal role at every step in the commonwealth’s history, yet their contributions are too often overlooked,” said Senate President Karen Spilka, D-Ashland. “The Women’s Rights History Trail will serve as a visible monument to the history of women — and the women’s rights movement. Understanding this history gives us all a chance to reflect on where we have come from and what it means to leave a legacy that can uplift and inspire future generations. I am glad to see that this trail will give particular attention to the diverse backgrounds and perspectives of the women who have transformed Massachusetts.”

The House approved the bill in the 2019-2020 session on Sept. 18, 2020 and sent it to the Senate Ways and Means Committee, where it died without further action and without a vote by the Senate.

A “Yes” vote is for the bill.

Sen. Joanne Comerford — Yes

Sen. Anne Gobi — Yes

Sen. Adam Hinds — Yes

Also up on Beacon HillMake adoption by family members easier (H 4566)

The House and Senate approved and sent to Gov. Charlie Baker a bill that would repeal a current law prohibiting adoption of children by family members including older siblings, aunts and uncles. The proposal would allow these family members, with the permission of the county probate courts, to legally adopt their family members. Current law only allows these family members to apply to become a guardian.

“I am grateful that the Legislature enacted this vital legislation,” said the Senate sponsor of the measure Sen. Joan Lovely, D-Salem. “This bill helps Massachusetts families stay together and gives our youth the opportunity to be cared for by those who know and love them. … I look forward to favorable review by the governor.”

Several bills on their way to study committee

House and Senate committees recommended that several bills be shipped off to a study committee where bills are rarely actually studied and are essentially defeated. It is a way to kill a proposal without holding a vote on the bill itself. Here are some of the bills that will likely soon be sent off to a study committee:

Protect senior citizens from bullying (H 757): Would set up a system to track complaints about bullying seniors in elderly public housing.

“The reason for filing this legislation was that elderly residents residing in public housing have spoken to the issue of being bullied and harassed, and have become fearful when this occurs,” said sponsor Rep. Alan Silvia, D-Fall River. “Congregate living then becomes very difficult for these elderly or disabled (people) resulting in isolation. Shouldn’t we as a society do all that we can to protect a generation of individuals who have worked hard? They now have to live in public housing and, when harassed or bullied, have no voice or anyone who will listen when they feel most vulnerable. I feel if this goes to a study committee, chances are it will inevitably die.”

Teach financial literacy in schools (H 42): Would require financial education to be offered in all Massachusetts schools and establishes a trust fund to finance course materials and teaching resources.

“When thinking about building a more equitable future for our children, requiring that schools in Massachusetts offer financial education from kindergarten through 12th grade is a crucial step,” said the bill’s sponsor State Treasurer Deb Goldberg. “Research shows that students who participate in these learning opportunities are more likely to save, budget, invest and succeed financially. I hope that Massachusetts will join the 39 other states that have a state-level requirement.

“While disappointed that the Committee on Education sent this bill to study, the work on this issue will not stop,” Goldberg continued. “I am exploring the possibility of launching a public-private partnership to offer professional development opportunities that cover economic education for teachers. This pilot program will demonstrate both the importance of financial literacy for students, and the need to provide resources to teachers and administrative staff.”

Healthy school lunches (H 564): Would require that 50% of the entrees served for lunch in schools are healthy foods containing whole grains, vegetables, fruits, legumes and other fiber-rich proteins. The measure also prohibits the serving of more than 20% of foods that are ultra-processed or have a nutritional composition that includes more than 30 milligrams of cholesterol or more than 5% of its total calories from saturated fat.

“We have a responsibility to ensure the health and well-being of our schoolchildren and that starts with improving their nutrition,” said sponsor Rep. Michael Day, D-Stoneham. “We look forward to continuing to work on this legislation to make our schools the healthiest in the country.”

Protect reporters of patient abuse in assisted living facilities (S 426): Would offer protection to people who make good faith reports of an allegation of patient or resident abuse, mistreatment or neglect in a senior assisted living facility. The measure allows employees of the facilities who are fired after reporting credible allegations of abuse to file a cause of action for relief in court and potentially have their employment reinstated if the court sees fit. Another provision imposes a minimum $3,000 fine on employees who fail to report a case of abuse.

“Our seniors in assisted living facilities deserve protections to ensure they are treated with dignity and respect,” said sponsor Sen. Patrick O’Connor, R-Weymouth. “This legislation will provide more security to those in a position to report abuse and allow our system to better hold people accountable for their actions.”