Beacon Hill Roll Call: Sept. 30 to Oct. 4, 2024

Toby Leary, a co-owner of Cape Gun Works in Hyannis and chair of the Civil Rights Coalition working to repeal a gun law Gov. Maura Healey signed in July, speaks with reporters outside the State House on Sept. 19.

Toby Leary, a co-owner of Cape Gun Works in Hyannis and chair of the Civil Rights Coalition working to repeal a gun law Gov. Maura Healey signed in July, speaks with reporters outside the State House on Sept. 19. CHRIS LISINSKI/STATE HOUSE NEWS SERVICE

By BOB KATZEN

Published: 10-11-2024 1:59 PM

There were no roll calls in the House or Senate last week. This week, Beacon Hill Roll Call looks at Question 1, one of the five questions on the ballot that will be decided directly by the voters in November.

The question asks voters if they approve of a proposed law that would allow the state auditor to audit the Legislature.

The actual language of the proposal is as follows:

“The department of the state auditor shall audit the accounts, programs, activities and functions directly related to the aforementioned accounts of all departments, offices, commissions, institutions and activities of the commonwealth, including those of districts and authorities created by the General Court and the General Court itself, and including those of the income tax division of the Department of Revenue, and for such purposes, the authorized officers and employees of the department of the state auditor shall have access to such accounts at reasonable times and the department may require the production of books, documents, vouchers and other records relating to any matter within the scope of an audit conducted under this section or Section 13, except tax returns.”

The long trip of this question to the ballot started in 2023 when Diana DiZoglio, the newly elected state auditor, announced she had launched an audit of the Massachusetts Legislature — something she promised in her 2022 campaign.

“As I committed, my office has begun an audit of the state Legislature,” said DiZoglio. “We hope this will increase transparency, accountability and equity in an area of state government that has been completely ignored. Historically, the Legislature has been a closed-door operation, where committee votes have been hidden from the general public and legislation has been voted on in the dark of night.”

House Speaker Ron Mariano, D-Quincy, responded. “That your office has the legal authority to conduct an audit of the General Court is a claim entirely without legal support or precedent, as it runs contrary to multiple, explicit provisions of the Massachusetts Constitution, and is wholly unnecessary as the public currently has full and ready access to the House’s financial information,” Mariano said in a letter to DiZoglio.

“All of the House’s accounts are available on the commonwealth’s Financial Records Transparency Platform (“CTHRU”) webpage, which can be viewed at www.macomptroller.org/cthru,” the letter continues. “There are no expenditures of the House that are not posted on CTHRU and available for public inspection. Additionally, the House adopts rules for each legislative session, including a rule that requires all House accounts to be independently audited on an annual basis in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the comptroller general of the United States and that the audit report be filed with the House clerk for public inspection.”

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Enter Attorney General Andrea Campbell. In November 2023, Campbell’s office stepped in, saying the auditor “does not currently have the legal authority to audit the Legislature without the Legislature’s consent.”

“Massachusetts has one of the least transparent legislatures in the country, and a legislative audit would shine sunlight on an infamously opaque body,” DiZoglio told Beacon Hill Roll Call last week. “This ballot measure would simply provide parity so that the Legislature receives the same type of audit conducted of all other state entities.”

Here are the official arguments, gathered by the secretary of state, by each side of the question.

IN FAVOR: Written by Neil Morrison of the Committee for Transparent Democracy, 617-297-8476 www.auditthelegislature.com

“A ‘yes’ vote on Question 1 expressly authorizes the state auditor to audit the Massachusetts Legislature. The state auditor is independently elected by the people of Massachusetts to audit every state entity to help make government work better. The state Legislature is the only state entity refusing to be audited by the state Auditor’s Office.

“Legislative leaders claim it is sufficient for the Legislature to conduct audits of itself through a procured private vendor. However, the Massachusetts Legislature is continuously ranked as one of the least effective, least transparent legislatures in America and is one of only four legislatures that exempts itself from public records laws. Support for this initiative will help the state Auditor’s Office shine a bright light on how taxpayer dollars are spent to help increase transparency, accountability and accessibility for the people of Massachusetts.

“Vote ‘yes’ to expressly authorize the state auditor to audit the Legislature.”

AGAINST: Written by Jerold Duquette, professor of political science at Central Connecticut State University, 860-832-2964 www.masspoliticsprofs.org

“A legislative audit conducted by the state auditor, who is an executive branch official, without the Legislature’s consent would violate the separation of powers and legislative supremacy described in and required by the Massachusetts Constitution. The performance audits conducted by the state auditor measure administrators’ performance in achieving the legislatively determined goals of the public policies they administer.

“The state auditor cannot substitute her interpretation of those goals for the Legislature’s without compromising the constitutional independence and preeminence of the Legislature. If enacted, Question 1 would make the state auditor into a political actor and a potentially influential participant in the legislative process, two roles that would clearly compromise the state auditor’s ability to carry out her fundamental constitutional duty to conduct credible, independent, objective and nonpartisan audits of state government departments and programs.”

Also up on Beacon HillFoster homes and dogs (H 4911)

The House and Senate gave final approval to and sent to Gov. Maura Healey a bill that would ban the Department of Children and Families (DCF) from prohibiting placement of a child in a foster home solely based on the presence of any specific breed of dog in the home. The bill also updates animal cruelty and abuse reporting regulations for human services employees or contractors.

Supporters said DCF is currently allowed to prohibit placement of a child in a home with German shepherds, pit bulls and rottweilers.

“Current DCF regulations for foster homes impose a blanket ban on certain breeds of dogs,” said sponsor Rep. Jack Lewis, D-Framingham. “Instead of eliminating countless prospective families, this bill empowers DCF to undertake a holistic review of the family, child and dog to ensure appropriate placement. This bill also amends reporting laws for animal abuse, extending the timeframe in which human services employees or contractors can report animal abuse.”

Lewis continued, “As co-chair of the Protecting Animal Welfare Caucus, I am proud to spearhead the passage of this bill in the House. There is an urgent need for supportive foster families in the commonwealth, and this bill will open many loving homes to adoptive and foster children.”

Special Commission on Combating Antisemitism

Rep. Simon Cataldo, D-Concord, and Sen. John Velis, D-Westfield, have been appointed by House Speaker Ron Mariano, D-Quincy, and Senate President Karen Spilka, D-Ashland, to lead the state’s new Commission on Combating Antisemitism.

“The work is urgent and the mission is critical,” the pair said in a joint statement. “Over the past several years, our commonwealth has earned the ignominious reputation as a hub of antisemitic activity. We have heard it through harrowing accounts from Jewish students, parents, educators and people of all backgrounds who feel it on a visceral level in our communities. And we see it in the 2023 data.”

They noted that the 189% increase in antisemitic incidents in Massachusetts outpaced the 140% increase in such incidents nationwide. They said vandalism increased by 70%, harassment increased by 444%, the number of assaults doubled, and 127 cities and towns in Massachusetts saw at least one antisemitic incident last year.

“This is not OK,” Cataldo and Velis said. “These trends must be — and can be — reversed through concerted action. The commission will work with great dispatch to meet our statutory charge to provide specific, evidence-backed guidance on how to implement the White House’s national strategy to counter antisemitism, improve awareness in schools and the workplace, address harassment and hate crimes, bolster security for places of worship and build upon existing best practices and more.

They continued, “We will approach this exercise with humility and care, recognizing that antisemitism is a fraught and complicated topic in today’s society. Our work will not, however, be compromised by those who believe the problem of antisemitism is being exaggerated — it is not — or who feel that a singular focus on antisemitism for a commission is inappropriate. Antisemitic fear mongering, conspiracy peddling and hate have for millennia been a harbinger of wider threats to democracy and peace throughout the world. This commission will work toward stamping it out in Massachusetts.”

Free community college tuition

The state officially launched MassEducate, which gives Massachusetts residents who do not already hold a bachelor’s degree the chance to attend any of the state’s 15 public community colleges and pay no tuition or fees.

MassEducate builds on the first successful year of the MassReconnect program, which provides free community college to students ages 25 and older. More than 4,500 students received MassReconnect grant awards in the 2023-2024 academic year.

MassEducate expands the law and offers the free tuition to all other residents in addition to those ages 25 and older. Supporters noted that Massachusetts now has one of the most accessible, equitable and comprehensive free community college programs in the country for full-time and part-time students, regardless of income.

To be eligible for free community college, candidates must have a high school diploma or equivalent; live in Massachusetts for at least one year with an intent to stay in the state; maintain satisfactory academic progress according to the college’s requirements; and not be in default on any federal or state educational loan.

For more information about financial aid opportunities and how to apply for free tuition, go to mass.gov/studentaid.

“We knew that MassReconnect would be transformative for thousands of students, for our amazing community colleges and for our economy — and that was only the beginning,” said Gov. Healey. “This universal free community college program will continue to transform opportunities for students and strengthen our workforce. Massachusetts’ community colleges are economic drivers, helping students move ahead in their careers and meeting the needs of our employers.”

“We heard from MassReconnect students that the commonwealth’s investment in them was game-changing and now we are offering that opportunity to our full and part-time students across the commonwealth,” said Education Secretary Patrick Tutwiler. “Massachusetts’ comprehensive free community college program is a true testament to Massachusetts’ commitment to increasing access and affordability in higher education so students can realize their dreams.”

“Universal free community college is transformative,” said Senate President Karen Spilka, D-Ashland. “MassEducate will deliver an education to every resident who wants one, fill workforce shortages faced by our businesses and has already reversed a decade of enrollment decline. Our community colleges are well-positioned to support this program, which will change the life trajectories of many students and their families.”

Healey blocks suspension of gun law changes

Gov. Healey attached an emergency preamble to the bill, recently signed into law, that changed some of the state’s gun regulations. The emergency preamble makes the law take effect immediately instead of on Oct. 23 as originally scheduled. The move came on the heels of the announcement of a campaign to repeal the law by gathering the 37,287 signatures required to place it on the 2026 ballot.

Under the Massachusetts Constitution, if a ballot campaign collects a certain number of signatures, it can prevent the implementation of a law without an emergency preamble from taking effect until voters weigh in on whether to repeal it. The emergency preamble prevents suspension while still allowing the repeal campaign to take place.

A group of gun owners and Second Amendment supporters formed the Civil Rights Coalition to repeal the law.

“It’s like telling Subaru they can no longer sell a Subaru Forester, the best-selling vehicle in their lineup,” said Toby Leary, a co-owner of Cape Gun Works in Hyannis and chair of the repeal coalition. “That’s basically what the state is doing to these businesses: they’re saying you can no longer sell one of the largest and most profitable segments of your business.”

“Gov. Healey is once again putting our safety first by taking meaningful steps to protect our communities from gun violence,” said Olivia Benevento, a volunteer leader with the Northeastern University Students Demand Action Chapter. “For decades, the gun lobby has gotten richer while my generation continues to pay the price.”

Provisions of the new law include cracking down on untraceable ghost guns; banning firearms in additional public spaces like schools, polling places and government buildings; expanding the 2018 “red flag” law that allows school administrators and licensed health care providers to petition a court to temporarily take firearms away from someone deemed a threat to themselves or others; closing loopholes that allow the modification of legal firearms into illegal automatic weapons; and providing a legacy clause so all firearms legally owned and registered in Massachusetts as of the effective date of the bill will continue to be legal and may be bought and sold within the state.