Beacon Hill Roll Call – News – telegram.com

Beacon Hill Roll Call

By Bob Katzen

The Massachusetts Legislature, week of May 13-17, 2019

THE HOUSE AND SENATE

Beacon Hill Roll Call records local representatives’ vote on the only roll call from the week of May 13-17. There were no roll calls in the Senate last week.

BAN HAND-HELD CELLPHONES (H 3149)

House 152-2, approved and sent to the Senate a bill that would prohibit drivers from using a hand-held cellphone or other electronic device to make a call or access social media. The measure allows drivers to use only a hands-free phone but allows the driver to perform a single tap or swipe to activate or deactivate the hands-free mode feature. Use of a hand-held phone would be permitted in emergencies including if the vehicle was disabled; medical attention or assistance was required; police, fire or other emergency services were necessary for someone’s personal safety; or a disabled vehicle or an accident was present on a roadway.

Violators would be fined $100 for a first offense, $250 for a second offense and $500 for a third offense and subsequent offenses. The violation would not count as a surchargeable offense that could lead to higher insurance rates for the violator.

If the law is approved by the Senate and signed into law by Gov. Charlie Baker, police officers would only issue warnings to violators instead of fines until Dec. 31. The Senate will debate a similar bill on June 6 and supporters are confident that it will be approved by the Senate. Gov. Baker is on record in favor of a ban that was part of a road safety bill he filed in January.

Some opponents say that the restriction is another example of government intrusion into people’s cars and lives. Others note that there are already laws on the books prohibiting driving while distracted.

“Studies on the effectiveness of hands-free vs. handheld cellphone operation of a motor vehicle are inconclusive at best,” said Rep. Peter Durant (R-Spencer), one of two members who voted against the measure. “The real culprit in distracted driving is texting, which was already banned in 2010 but are still at staggeringly high levels. This bill doesn’t solve the problem of distracted driving and we could have used the money spent in this bill to provide better public awareness of the dangers and consequences of texting and driving.”

Rep. Jennifer Benson (D-Lunenburg) Yes

Rep. Donald Berthiaume (R-Spencer) Yes

Rep. Dan Donahue (D-Worcester) Yes

Rep. Peter Durant (R-Spencer) No

Rep. Carolyn Dykema (D-Holliston) Yes

Rep. Kimberly Ferguson (R-Holden) Yes

Rep. Paul Frost (R-Auburn) Yes

Rep. Danielle Gregoire (D-Marlboro) Yes

Rep. Sheila Harrington (R-Groton) Yes

Rep. Stephan Hay (D-Fitchburg) Yes

Rep. Natalie Higgins (D-Leominster) Yes

Rep. Kate Hogan (D-Stow) Yes

Rep. Hannah Kane (R-Shrewsbury) Yes

Rep. Mary Keefe (D-Worcester) Yes

Rep. David LeBoeuf (D-Worcester) Yes

Rep. John Mahoney (D-Worcester) Yes

Rep. Joseph McKenna (R-Webster) Yes

Rep. David Muradian Jr. (R-Grafton) Yes

Rep. Brian Murray (D-Milford) Yes

Rep. Harold Naughton Jr. (D-Clinton) Yes

Rep. James O’Day (D-West Boylston) Yes

Rep. Todd Smola (R-Warren) Yes

Rep. Michael Soter (R-Bellingham) Yes

Rep. Susannah Whipps (I-Athol) Yes

Rep. Jonathan Zlotnik (D-Gardner) Yes

ALSO ON BEACON HILL

OPIOID OVERDOSES KILLED 2,033 PEOPLE IN MASSACHUSETTS IN 2018 – According to the Department of Public Health, there were a total of 2,033 confirmed or suspected opioid overdoses in Massachusetts 2018, the last full year recorded. The DPH said fentanyl was present in 89% of the 2018 deaths where a toxicology screen took place.

In the fourth quarter of 2018, in deaths where a toxicology screen took place, the percentages of various substances found in the screen include heroin or likely heroin, 32%; cocaine, 39%; and benzodiazepines, 40%.

“The presence of amphetamines has been increasing since 2017 to approximately 9 percent of opioid-related overdose deaths in the fourth quarter of 2018,” according to the DPH’s study. “Since 2014, the rate of heroin or likely heroin present in opioid-related overdose deaths has been decreasing while the presence of fentanyl and cocaine is still trending upward. The presence of prescription drugs in overdose cases decreased from 2014 through 2016 and has remained stable since then.”

TEACH DOCTORS ABOUT EATING DISORDERS (H 250) – The Consumer Protection and Professional Licensure Committee held a hearing on a measure that would require all doctors and physician assistants to complete a one-hour online course on the early recognition of eating disorders. The proposal also prohibits a hospital from granting or renewing professional privileges to work at the hospital to a physician or physician assistant who has not completed the training.

AG CAN FILE CIVIL SUIT FOR WAGE VIOLATIONS (H 1610) – The Labor and Workforce Development Committee heard testimony at a hearing on a bill that would allow the attorney general to file a civil suit for injunctive relief, damages or lost wages and benefits for an employee and for the employee to receive triple damages if the suit is successful. Currently, the attorney general can only give either a civil citation or file a criminal complaint.

THE BAY STATE REMAINS IN 8TH PLACE IN NEW U.S. NEWS AND WORLD REPORT RANKING OF BEST STATES – Massachusetts, ranked No. 1 in 2017, plummeted to No. 8 in 2018 and held steady in eighth place for 2019.

The Bay State rankings include #1 in education, #2 in health care, #4 in crimes and corrections, #7 in the economy and near the bottom of the list at #44 in infrastructure.

$1,500 TAX CREDIT FOR FAMILY CAREGIVERS (S 702) – The Health Care Financing Committee heard testimony on a bill giving up to a $1,500 tax credit to reimburse a family member who spends his or her own money to care for an ailing relative. Expenses covered include the improvement or alteration to the caregiver’s primary residence to accommodate the relative, equipment that is necessary to assist the relative in carrying out one or more activities of daily living, the hiring of a home care aide or personal care attendant, respite care, adult day health, transportation, legal and financial services and assistive technology.

The family caregiver claiming the credit must be over 18 and have a Massachusetts adjusted gross income of less than $75,000 for an individual and less than $150,000 for a couple.

SMOKING CESSATION PROGRAMS FOR MASSHEALTH RECIPIENTS (H 1129, S 704) – The Health Care Financing Committee’s agenda also included a hearing on proposals requiring the state to cover the expenses of programs for smoking and tobacco use cessation treatment and information by people on MassHealth, the state’s Medicaid program that provides health care for low-income and disabled persons.

Bob Katzen welcomes feedback at bob@beaconhillrollcall.com.