There were no roll calls in the House and Senate last week.

Right of free petition

Friday, Jan. 20, at 5 p.m. is the “soft deadline” for legislation to be filed for consideration by the Legislature during the 2023-2024 legislative session. However, under House and Senate rules, bills filed after the Jan. 20 deadline can still be admitted if the Legislature agrees to admit it by a four-fifths vote of the members of the branch where the bill is introduced.

Massachusetts is one of a handful of states that give citizens the “right of free petition” — the power to propose their own legislation. A citizen’s proposal can be filed in conjunction with his or her representative or senator or any other representative or senator from another district. Sometimes a legislator will support the legislation and sponsor it along with the constituent. Other times, a legislator might disagree with the bill but will file it anyway as a courtesy. In those cases, the bill is listed as being filed “by request,” indicating that the legislator is doing so at the request of the constituent and does not necessarily support it. Citizens that are interested in filing legislation should contact their own or any other representative or senator.

Perhaps one of the most famous bills filed “by request” goes back to 1969 when a constituent opposed to the Vietnam War asked the late Newton Democratic Rep. James Shea to file a bill prohibiting Massachusetts citizens from being forced to fight in an “undeclared war.” The bill challenged the constitutionality of sending Massachusetts residents to fight without a congressional declaration of war. It was approved by the House and Senate and signed by the late Gov. Frank Sargent.

To comply with the new law, Massachusetts initially filed a complaint in the U.S. Supreme Court. The high court declined to hear the case, which was later refiled in the U.S. District Court and dismissed, rejecting the state’s argument that President Richard Nixon had usurped the war-making powers of Congress.

Also up on Beacon Hill Food insecurity event

As the costs for basic necessities rise, more Massachusetts residents living on the economic margins must choose between buying groceries and paying for housing, transportation, child care and other basic utilities. It’s a dilemma that plays out in hundreds of thousands of Massachusetts households. Hunger and access to proper nutrition remain pervasive, with nearly one in three adults experiencing food insecurity in Massachusetts in 2021.

Join a State House News Service/MASSterList forum featuring leaders, advocates and experts for a discussion of opportunities and obstacles for Massachusetts to stem food insecurity. The event will be held at Massachusetts Continuing Legal Education in Boston’s Downtown Crossing at 10 Winter Place, Suite 4751, at 8:15 a.m. on Wednesday, Jan. 25. U.S. Rep. Jim McGovern will provide keynote remarks. All ticket proceeds benefit The Greater Boston Food Bank. Tickets are available at MASSterList.com/ending-hunger-in-massachusetts.

Wrapping up the 2022 session

Before the 2022 session ended on Jan. 3, the House and Senate acted on several bills, including:

Revenge porn (H 4498, S 3167): The House and Senate approved different versions of a proposal that would prohibit the posting of sexually explicit images of another person online without their permission — commonly referred to as “revenge porn.” The practice is often used by ex-spouses or ex-partners. Massachusetts is one of only two states that does not have a law about this crime. The measure died in the House when the House did not take action on the Senate version of the legislation.

Another provision would change current law under which minors, under 18 years of age, who share explicit images of themselves or other minors can be charged with violating Massachusetts child pornography laws and be required to register with the Sex Offender Registry. The bill allows minors to be diverted to an educational program that would provide them with information about the consequences of posting or transmitting indecent visual depictions of minors.

Supporters say that currently, law enforcement officers are faced with either charging offenders with a felony or doing nothing. They note the bill provides a middle ground that would allow law enforcement officers to send kids to a diversion program to educate them about the consequences of their actions without ruining their lives and giving them a criminal record.

Sen. Jamie Eldridge, D-Acton, the Senate chair of the Judiciary Committee, did not respond to repeated attempts by Beacon Hill Roll Call asking how he felt about the measure dying in the House.

“Rep. Roy is on an overseas trade mission so I am unable to provide a quote for you,” responded a spokesperson for the bill’s sponsor, Rep. Jeff Roy, D-Franklin. However, the spokesperson did say that Roy plans to refile the bill in the 2023-2024 session.

Death of a child under 2 (H 5422): The House and Senate both approved a bill that would require that the autopsy report for a child under the age of 2 be reviewed and approved by the chief medical examiner to determine the cause of death. Changes to the autopsy report would also have to be reviewed and approved by the chief medical examiner. The bill needed a final round of approval by the House and Senate before going to the governor’s desk, but neither branch acted upon it and the bill died.

Supporters said the measure addresses recent cases in which the Office of the Chief Medical Examiner changed the cause of death for deaths of children under 2, creating serious implications for ongoing court cases and for the families of those children. They noted that the most experienced person in the office should provide oversight to what are typically junior medical examiners without pediatric autopsy experience. They argued this will provide more confidence and peace of mind for families who have tragically lost infants.

Sponsor Rep. Marjorie Decker, D-Cambridge, did not respond to repeated attempts by Beacon Hill Roll Call asking how she felt about her measure dying, not reaching the governor’s desk and whether she will refile the bill for the 2023-2024 session.

Foster parents (S 2954): The House and Senate approved and former Gov. Charlie Baker signed into law a bill establishing a foster parents’ bill of rights, which will govern the Department of Children and Families’ (DCF) relationship with and responsibilities to foster parents.

Provisions include requiring foster parents to be treated with dignity, respect, privacy and consideration; prohibiting foster parents from being discriminated against on the basis of religion, race, color, creed, gender, gender identity, sexual orientation, national origin, age or disability; and requiring the department to give the foster parents information about the foster child prior to placement, including the child’s physical and behavioral health history, any history of trauma or high-risk behavior, and his or her education needs.

Another provision requires DCF to provide a current foster parent, with the permission of the previous foster parent, the name and phone number of the previous foster parent if DCF determines that contact between the current foster parent and previous foster parent would promote the foster child’s best interest.

“I am thrilled that the House and Senate passed the foster parents bill of rights legislation,” said sponsor Sen. Jo Comerford, D-Northampton. “Foster parents are true unsung heroes, providing unmatched dedication, commitment, compassion and love to those who need it the most. This bill creates a framework for foster parents to be honored with dignity, respect, privacy and consideration in caring for children, so they can provide nurturing, loving homes. As a foster parent myself, I filed this bill to strengthen our vital foster care system.”

Inflammatory breast cancer (H 3147): The House and Senate approved, and former Gov. Baker signed into law, a bill that would establish the second Tuesday of every October as Inflammatory Breast Cancer Awareness Day.

“This designation will go a long way to increase awareness and strengthen efforts to provide education about this rare and aggressive disease,” said sponsor Rep. Sean Garballey, D-Arlington. “Inflammatory breast cancer is the most aggressive form of breast cancer and the least understood. Many women receiving this diagnosis have never heard of inflammatory breast cancer or its presentation. Inflammatory breast cancer accounts for 1% to 5% of all breast cancer cases yet represents 10% of all deaths due to breast cancer.”

Right Whale Day (H 3869): The House and Senate approved and former Gov. Baker signed into law a bill that designates April 24 as Right Whale Day to promote the preservation of the critically endangered North Atlantic right whale.

“The North Atlantic right whale is part of our rich maritime history and yet our official state marine mammal is at risk of extinction,” said sponsor Rep. Josh Cutler, D-Duxbury. “Establishing this annual day to celebrate right whales will help promote education and protection efforts.”

Rep. Cutler credited his constituent Matt Delaney of Pembroke for coming up with this idea.

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