THE HOUSE AND SENATE: Regardless of there being no roll calls within the Home or Senate final week, there was main motion on passage of a $3.8 billion supplemental funds and financial improvement invoice.
$3.8 BILLION SUPPLEMENTAL BUDGET AND ECONOMIC DEVELOPMENT PACKAGE (H 5374) – The Home and Senate accepted completely different variations of a $3 billion plus financial improvement invoice in July. The funds are from the state’s surplus of cash. The 2 variations went to a convention committee to hammer out a compromise model. Lastly final week, the Home and Senate crafted the compromise model and despatched to Gov. Charlie Baker a $3.8 billion spending invoice to fund an financial improvement package deal and a supplemental funds to shut out the state’s books on fiscal 2022. There was no roll name on the invoice as a result of it was accepted at casual classes of every department at which roll calls will not be allowed. Underneath legislative guidelines, every one of many state’s 192 legislators had the facility to stall the invoice indefinitely however nobody did.
Absent from the package deal is thousands and thousands of {dollars} in tax aid that was a part of the unique conflicting variations accepted by every department together with $500 million one-time tax rebates to an estimated 2 million eligible folks. A $250 rebate would go to particular person taxpayers and a $500 rebate to married taxpayers. Eligibility could be decided by annual revenue reported in 2021, with the minimal revenue required to be $38,000, and the utmost $100,000 for particular person filers and $150,000 for joint filers. Starting in 2023, a number of everlasting tax reductions would take impact together with growing the Baby and Dependent Care Credit score from $180 per baby to $310 per baby, in addition to eliminating the present cap of $360 for 2 or extra kids; growing the Earned Revenue Tax Credit score from 30 p.c to 40 p.c of the federal credit score; growing the senior circuit breaker tax credit score cap from $1,170 to $2,340; growing the rental deduction cap from $3,000 to $4,000; and growing the property tax threshold from $1 million to $2 million.
“With many financial specialists predicting monetary uncertainty within the 12 months forward, our agreed upon package deal is proscribed to one-time investments,” mentioned Home Speaker Ron Mariano, Senate President Karen Spilka, Home Methods and Means Chair Aaron Michlewitz and Senate Methods and Means Chair Michael Rodrigues in a joint assertion. “Home and Senate leaders are dedicated to revisiting the difficulty of broader, extra everlasting tax aid subsequent session. It will assist to make sure that our dialogue of everlasting tax aid can and might be knowledgeable by the views of a newly elected Legislature and governor, whereas contemplating the looming challenges going through the commonwealth.”
Senate Minority Chief Sen. Bruce Tarr (R-Gloucester) defined why the GOP determined to not maintain up the invoice even though it didn’t embody the tax cuts. “At this vital level, when one member may cease this course of from shifting ahead, we is not going to jeopardize these vital priorities,” mentioned Tarr. “Too typically, we see generally obstruction of another person’s agenda as a result of somebody isn’t in a position to get all of their agenda. It is a time that requires statespersonship on behalf of all of us, so we is not going to stand in the best way of serving to all of people who want our assist that would be the beneficiaries of among the vital appropriations on this invoice. However what we’ll do is insist on a dedication to this IOU.”
ALSO UP ON BEACON HILL
WHEELCHAIR WARRANTY AND REPAIRS (S 3136) – The Senate accepted and despatched to the Home a invoice that will strengthen client protections for wheelchair customers. Present state legislation doesn’t set any timeline for assessing repairs and doesn’t require sellers to supply wheelchairs on mortgage inside a set time interval.
Provisions of the invoice embody requiring that wheelchair producers, lessors and sellers present prospects with written notification of the guarantee for his or her wheelchairs; growing the minimal period for an any guarantee from one 12 months to 2 years; mandating that if an in-warranty wheelchair stops functioning, producers, lessors and sellers should assess the wheelchair inside three days, present a brief wheelchair on mortgage inside 4 days and canopy every other prices to the consumer; and authorizing the lawyer normal and customers to carry authorized actions towards any violation of provisions defending wheelchair customers from unfair and misleading enterprise practices referring to warranty-fulfillment.
Supporters mentioned wheelchair repairs pose substantial issues for folks with bodily disabilities. The famous that it isn’t unusual for individuals who use wheelchairs to attend for weeks for repairs. This leaves these people stranded at residence and unable to go to work, college, medical appointments, grocery buying or elsewhere. This creates a disaster for people and households and sometimes exacerbates different well being circumstances. Current state legislation doesn’t set any timeline for assessing repairs or require sellers to supply wheelchairs on mortgage inside a set time interval.
“This invoice’s passage is a vital step ahead to guard wheelchair customers and their households,” mentioned the invoice’s sponsor Sen. John Cronin (D-Lunenberg). “The invoice implements essential protections within the legislation to stop wheelchair customers from being stranded of their houses for extended intervals when their wheelchair or mobility gadget turns into inoperable.”
SUPPORTED DECISION-MAKING (S 2848) – The Senate accepted and despatched to the Home a invoice creating the choice for people with an mental or developmental incapacity, dementia or psychological well being prognosis to enter into an settlement of “supported decision-making” as an alternative choice to conventional guardianship. In a guardianship, the guardian makes medical, monetary and different main life choices for the individual. Underneath a supported decision-making settlement, a person truly makes his or her personal choices with the help of a delegated individual or staff and his or her determination can’t be overridden by the supporters.
“I’m extremely proud that this life-changing laws has superior by means of the Senate,” mentioned Sen. Joan Pretty (D-Salem), the sponsor of the measure. “Supported decision-making agreements maximize the dignity, freedom and independence of individuals with disabilities and supply a confirmed, cost-effective and fewer restrictive different to guardianship … Everybody ought to have the chance to be the decision-maker of their very own lives, and this laws will empower many for whom that was not beforehand potential.”
“Folks with disabilities deserve the liberty to keep up their independence and dignity,” mentioned Sen. Susan Moran (D-Falmouth), chair of the Committee on Shopper Safety and Skilled Licensure. “I’m proud to vote for this invoice to allow supported determination making for folks with disabilities and take one other sturdy step in supporting residents with disabilities within the commonwealth.”
STEP THERAPY (H 4929) – Gov. Charlie Baker signed into legislation a invoice that limits the usage of well being care plan mandated prescription drug “step remedy” protocols and supplies extra exemptions to the mandate. Step remedy requires the affected person to attempt inexpensive choices earlier than “stepping up” to medicine that value extra. Circumstances which might exempt a affected person from making an attempt the inexpensive drug first embody if the therapy will hurt the affected person, or if the affected person beforehand tried the required therapy, or comparable therapy, and it was ineffective.
Supporters mentioned that insurers that make the most of step remedy protocols require medical suppliers to prescribe lower-cost drugs to sufferers first, and solely grant approval for different drugs when the cheaper choices have failed to enhance a affected person’s situation. This leads to insurers successfully selecting drugs for the affected person, even in circumstances the place their suppliers have really useful another. When sufferers change insurers, they’re typically pressured to start out firstly of the step remedy protocol once more, which ends up in wasteful well being care expenditures, misplaced time for sufferers and doubtlessly devastating well being care impacts on the affected person.
“On behalf of the handfuls of affected person teams who labored so laborious on this problem, we’re thrilled that Gov. Baker has signed it into legislation,” mentioned Marc Hymovitz, Authorities Relations Director in Massachusetts for the American Most cancers Society Most cancers Motion Community. “This legislation places therapy choices again within the arms of docs and sufferers the place it belongs. It ensures sufferers will get the mandatory medication in a well timed method. Definitely, this may have a optimistic affect on hundreds of sufferers throughout the commonwealth.”
“We’re taking motion to make sure that sufferers with sophisticated diseases obtain the drugs that their docs know they want—not repeatedly taking drugs which might be ineffective,” mentioned sponsor Sen. Julian Cyr (D-Truro), Senate chair of Committee on Psychological Well being, Substance Abuse and Restoration. “Ready for therapy to fail first earlier than using a most well-liked medicine typically results in worsening signs that trigger issues and unnecessary struggling for sufferers. It’s a shortsighted observe that places sufferers at pointless danger.”
“This invoice is a serious step ahead in making certain sufferers and docs have entry to the appropriate medicine on the proper time,” mentioned Sen. Cindy Friedman (D-Arlington), Senate chair of the Committee on Well being Care Financing. “We’re lastly becoming a member of over half the states within the nation in reforming step remedy practices, placing the main focus again on well being care suppliers working with sufferers to supply the most effective therapy potential.”
The governor’s workplace didn’t reply to repeated makes an attempt by Beacon Hill Roll Name to get the governor to touch upon the brand new legislation/
INCREASE PENALTIES FOR HIT AND RUNS WITH RECREATIONAL VEHICLES (H 4504) – The Home accepted and despatched to the Senate laws, generally known as the James Ward Act, which might improve the penalty of successful and run with a leisure car that causes bodily damage from a nice between $500 and $1,000 to a jail sentence of 1 12 months and/or a nice between $500 and $1,000. The proposal additionally creates the penalty of as much as a $5,000 nice and/or a jail sentence of two.5 years for successful and run with a leisure car that leads to the dying of the opposite social gathering.
The laws, in accordance with the present sponsor, Rep. Kathy LaNatra (D-Kingston), was initially filed by Kingston’s former Rep. Tom Calter in response to an ATV accident in Plymouth in December 2012 that resulted within the dying of 14-year-old James Ward. After the accident, the rider of the opposite grime bike promised James’ father that he would run and get assist, but as a substitute fled the scene with out returning. The opposite social gathering was acquitted of negligent driving and solely confronted misdemeanor fees for leaving the scene of an accident.
SCHOOL CUSTODIAN DAY (S 2126) – The Senate accepted and despatched to the Home a invoice declaring Oct. 2 because the College Custodian Day, in recognition of “the devoted contributions offered by college custodians to make sure kids of the commonwealth have clear, wholesome and secure studying environments.” The governor would additionally suggest that the day be noticed in an acceptable method by the folks.
“All through the COVID-19 pandemic and past, the commonwealth’s college custodians have continued to diligently look after our services and college students,” mentioned sponsor Sen. Walter Timilty (D-Milton). “We should take motion right here in Massachusetts to make sure our faculty custodial employees know we recognize their laborious work and dedication. I’m pleased to see this invoice transfer out of the Senate and over to the Home for motion.”
HOW LONG WAS LAST WEEK’S SESSION? Beacon Hill Roll Name tracks the size of time that the Home and Senate had been in session every week. Many legislators say that legislative classes are just one side of the Legislature’s job and that a variety of vital work is completed outdoors of the Home and Senate chambers. They be aware that their jobs additionally contain committee work, analysis, constituent work and different issues which might be vital to their districts. Critics say that the Legislature doesn’t meet usually or lengthy sufficient to debate and vote in public view on the hundreds of items of laws which have been filed. They be aware that the infrequency and temporary size of classes are misguided and result in irresponsible late-night classes and a mad rush to behave on dozens of payments within the days instantly previous the top of an annual session.
Through the week of Oct. 31-Nov. 4, the Home met for a complete of 4 hours and 41 minutes and the Senate met for a complete of 5 hours and 55 minutes.
Bob Katzen welcomes suggestions at [email protected]
