The House and Senate: There were no roll calls in the House or Senate last week. This week, Beacon Hill Roll Call’s final part of a three-part series on the Nov. 6 ballot questions focuses on Question 3.
In 2016, the House 118-36, and the Senate 33-4, approved and Gov. Charlie Baker signed into law a measure that prohibits discrimination against transgender people in public accommodations, including restrooms and locker rooms, based on a person’s gender identity rather than on their biological sex. The Senate did not have a roll call vote on the final bill. The 33-4 Senate vote is on an earlier version of the measure.
Question 3 asks voters if they approve of that law that has been in effect for two years. The law added “gender identity” to existing Massachusetts civil rights laws that already prohibits discrimination in public accommodations based on age, race, creed, color, national origin, sexual orientation, sex, religion and marital status. Public accommodations are defined as “any place that is open to and accepts or solicits the patronage of the general public, including hotels, stores, restaurants, theaters, sports facilities and hospitals.”
Gender identity is defined as “a person’s sincerely held gender-related identity, appearance, or behavior, whether or not it is different from that traditionally associated with the person’s physiology or assigned sex at birth.”
The law also requires restrooms, locker rooms and other places that have separate areas for males and females to allow people access to and full use of those areas consistent with their gender identity.
2016 vote on transgender rights: The House 117-36, Senate 33-4 approved the law that prohibits discrimination against transgender people. The Senate did not have a roll call vote on the final bill. The 33-4 Senate vote is on an earlier version of the measure.
(A “Yes” vote is for the law that prohibits discrimination. A “No” vote is against it.)
Rep. Stephen Kulik, Yes; Rep. Paul Mark, Yes; Rep. Susannah Whipps, Yes
Dyslexia screening (S 2607): Gov. Charlie Baker signed into law a bill that would require the Department of Elementary and Secondary Education to issue guidelines to assist districts in developing screening procedures or protocols for students that demonstrate one or more potential indicators of dyslexia and other neurological learning disabilities.
Early voting underway: Although Election Day is not until Nov. 6, voters have been casting their ballots since the state’s Early Voting Program began on Oct. 22. Under a recent state law, each city and town is required to offer voters the opportunity to vote between Oct. 22 and Nov. 2 in at least one location in the community during the local election official’s regular business hours. Unlike requesting an absentee ballot, a voter does not have to have a reason or excuse to vote during this early voting period. Some cities and towns have also opted to be open for a limited number of hours on the weekend. Each city and town’s early voting days and times are at: www.MassEarlyVote.com or call 800-462-8683.
$541 million supplemental budget (H 4930): Gov. Baker signed into law a supplemental budget designed to close out the books on the fiscal year that ended on July 30. The funds are from the state’s surplus leftover as a result of higher than expected tax revenue. The package puts $240 million in the state’s Rainy Day Fund, boosting its total to more than $2 billion. Other provisions include $7.5 million in grants to invest in security-related infrastructure upgrades at public schools; $40 million for road and bridge repairs; $1.5 million to administer the state’s new paid family and medical leave law; $7.5 million for increased access to mental and behavioral health in public schools; $10 million for a neighborhood and community-based gun and violent crime prevention program targeting youths aged 17 to 24. To find the amount of funding your city or town will receive, visit: bit.ly/2EMTb2j
Bills sent to study committees: The Legislature sent hundreds of bills to a study committee in 2018. Almost every measure that is shipped off to a study committee is never actually studied and is essentially defeated. Here are six tax reduction bills that have been shipped off to a study committee in 2018.
Senior citizen tax reduction (H 1512): Increases from $700 to $1,200 the income tax exemption for seniors over age 65.
For elderly relatives (H 1519): Gives an income tax credit of up to $4,000 for families caring for elderly relatives at home if the taxpayer provides more than one-half of the support of the relative over age 70. The relative must live with the taxpayer at least six months per year and have an annual income of less than $30,000.
Exempt seniors from auto excise tax (H 1568): Exempts seniors over 65 with income below the federal poverty line from the automobile excise tax. The current federal poverty line is $12,060 for a single person and $16,240 for a married couple.
Prohibit tax audits of taxpayers over 80 (H 1584): Prohibits the state from conducting tax audits on anyone over the age of 80 who earns less the $400,000 per year.
Property tax ceiling for low-income senior (H 3332): Allows cities and towns to place a cap on the property tax paid by single seniors over 65 who are earning under $50,000 and married seniors who are earning under $60,000. To qualify, seniors would not be allowed to have assets of over $75,000, not counting their primary residence and automobile.
“It is fair game to criticize a judge’s decision. And if you do not think judges hear and are sensitive to such criticism and to being reversed by an appellate court, I can tell you from personal experience that you are wrong. But threatening judges with removal solely because of a mistake or an unpopular decision threatens the independence of the judiciary and, more importantly, threatens our constitutional obligation to apply the law equally and fairly to every litigant.” — Supreme Judicial Court Chief Justice Ralph Gants commenting on some legislators who sought the removal of Judge Timothy Feeley for his controversial rulings that they say are too light.
“Unlike the federal government, Massachusetts relies on a flat income tax and sales taxes. Those with the least income end up paying the greatest portion of it in state and local taxes. It’s like Robin Hood in reverse.” — Phineas Baxandall, Senior Policy Analyst of Massachusetts Budget and Policy Center and author of the report “Who Pays.”
“In a 1927 U.S. Supreme Court decision, Justice Oliver Wendell Holmes, Jr. said: ‘Taxes are what we pay for civilized society.’ Of course this was only fourteen years after the Sixteenth Amendment was adopted establishing a federal income tax and a tax rate of between one to three percent. Apparently maintaining a civilized society has become far more expensive. But what can possibly be fairer than each member of that society contributing the same percentage of their income — large or small — to remain civilized; in other words, ‘from each according to their ability.’” — Chip Ford, Executive Director of Citizens for Limited Taxation responding to Baxandall’s study.
“The Small Business Administration (SBA) is strongly committed to providing the people of Massachusetts with the most effective and customer-focused response possible to assist small businesses with federal Economic Injury Disaster Loans. Getting businesses and communities up and running after a disaster is our highest priority at SBA.” — SBA Administrator Linda McMahon announcing loans that are available to Massachusetts small businesses affected by the natural gas line explosion on Sept. 13, 2018.
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 Oct. 22 through 26, the House met for a total of 3 hours and 17 minutes, and the Senate met for a total of 3 hours and 51 minutes.
Bob Katzen welcomes feedback at bob@beaconhillrollcall.com