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2018 Massachusetts legislative session

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2018 legislative sessions coverage
Massachusetts General Court

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General information
Type:   State legislature
Term limits:   None
Session start:   January 3, 2018
Session end:   July 31, 2018 (formal)
December 31, 2018 (informal)
Website:   Official Legislature Page
Leadership
Senate President:   Karen Spilka (D) (acting)
House Speaker:  Robert DeLeo (D)
Majority Leader:   Senate: Cynthia Stone Creem (D)
House: Ronald Mariano (D)
Minority Leader:   Senate: Bruce Tarr (R)
House: Bradley Jones, Jr. (R)
Structure
Members:  40 (Senate), 160 (House)
Length of term:   2 years (Senate), 2 years (House)
Authority:   Chapter 1, Massachusetts Constitution
Salary:   $62,547/year
Elections
Redistricting:  Massachusetts Legislature has control

This page provides an overview of the 2018 Massachusetts General Court and its general and special sessions. The timelines below contain noteworthy events from the sessions curated by Ballotpedia throughout the year.

If you know of any additional events that should be added to this page, please email us at editor@ballotpedia.org.

Overview

In 2018, the Massachusetts General Court was in formal legislative session from January 3, 2018, through July 31, 2018.[1] Massachusetts has full-time legislators who may meet throughout the year after adjourning their regularly scheduled sessions.

Partisan control

Massachusetts was one of 16 states under a divided government in 2018, meaning it did not have a state government trifecta. A state government trifecta occurs when one political party holds the governor's office, a majority in the state Senate, and a majority in the state House. For more information about divided governments and state government trifectas, click here. The following tables show the partisan breakdown of the Massachusetts General Court in the 2018 legislative session.

Senate

Party As of September 2018
     Democratic Party 31
     Republican Party 7
     Vacancies 2
Total 40

House

Party As of September 2018
     Democratic Party 117
     Republican Party 34
     Independent 2
     Vacancies 7
Total 160

Leadership in 2018

Senate

House

Regular session

Status of legislation at the end of the regular session

This table details the status of legislation covered on this page at the end of the regular session.

Status of legislation
Legislation Subject area Actions during the regular session Status
H 4291 Internal sexual harassment policy for the state House Passed House n/a
S 2506 Education funding formula Passed Senate Did not see further action
H 4517 Extreme risk protection orders Passed House

Senate passed its own version 		Did not see further action.
Governor signed Senate version on July 3, 2018
H 4539/H 4670 Extreme risk protection orders Passed Senate

Passed General Court 		Governor signed
H 4640 Compromise legislation on family leave, sales taxes, and minimum wage Passed General Court Governor signed
H 4730 Education funding Passed House Did not see further action
H 4671 Automatic voter registration Passed House

Passed Senate 		Governor signed
S 2260 Repeal state law that banned abortions Passed General Court Governor signed
H 4742 Expand medication-assisted treatment for opioid users Passed General Court Governor signed
H 4800 Budget Passed General Court

Governor signed with vetoes and amendments 		General Court overturned vetoes

March 15, 2018

State House adopts new sexual harassment policy
The Massachusetts House of Representatives unanimously approved a new internal sexual harassment policy. The policy sets guidelines on the use of settlements in cases of sexual harassment, puts limits on nondisclosure agreements, requires the House to hire an equal employment opportunity officer charged with investigating complaints and training members and staff as well as a new director of employee engagement, and establishes a process for disciplining representatives found guilty of harassment.[2]

The vote came after Rep. Diana DiZoglio (D) spoke of being sexually harassed while working as a legislative staffer. DiZoglio said she was forced to leave her job and sign a nondisclosure agreement.[3]

May 10, 2018

State Senate approves bill changing education funding formula
The Massachusetts State Senate unanimously approved S 2506, which would update the state's education funding formula. The bill would implement recommendations from a 2015 report released by the Foundation Budget Review Commission, which found that the state's funding formula at the time of S 2506's passage was underestimating education costs by $1 billion to $2 billion per year. The recommendations that would be adopted include:

  • Updating the formula for employee health benefits.
  • Updating the formula for special education costs.
  • Increasing funds for schools teaching English language learners.
  • Providing funds to districts with a high number of impoverished students.
  • Improving school funding data.

The bill would require the chair of the Ways and Means committee and the secretary of administration and finance to estimate the cost each year and decide how much to appropriate.

According to MassLive.com, the state Senate previously passed the recommendations three times, but the Massachusetts House of Representatives never considered the bills.[4][5]

Update: The state House approved its own legislation regarding school funding on July 11, 2018. The House version differed from the Senate version.

May 23, 2018

House approves bill related to extreme risk protection orders
The Massachusetts House of Representatives approved H 4517 by a 139-14 vote. HB 4517 would authorize confiscation of an individual's firearms if a judge deemed that individual to be a threat to him- or herself and/or to others. Under the bill, a family or household member would have to file a petition for an extreme risk protection order and a judge would hold a hearing within 10 days of the petition's filing before making a decision.

Bill supporters such as sponsor Rep. Marjorie Decker (D) said the bill was "about saving people's lives and making sure there's that intervention." The Gun Owners Action League of Massachusetts, which describes itself as providing "a leading voice for sportsmen and women, gun owners and conservation efforts," opposed the bill, saying it would violate the rights of gun owners. Jim Wallace, executive director of the group, called it a "gun confiscation bill."[6]

It was sent to the state Senate for consideration.[7] Read more here.

Update: The Massachusetts State Senate approved the bill as H 4539 on June 7, 2018.
See also: Extreme risk protection orders in state legislatures

June 7, 2018

State Senate approves extreme risk protection order legislation
The Massachusetts State Senate approved H 4539. The bill would allow a family or household member to petition a District Court judge to issue an extreme risk protection order, which would suspend an individual's license to carry firearms and confiscate their weapons, if the family/household member believed the individual posed a threat to themselves or another person. The judge would be required to hold a hearing within 10 days, at which point an argument could be made to extend the order for up to one year. Rulings could be appealed through the appeals process. The legislation included penalties for violating an extreme risk protection order and for filing false statements.

The House passed its own version on May 23. The Senate added amendments, including one provision saying the individuals involved would be provided with information for mental health treatment and counseling and another making the order effective immediately, rather than after a 24-hour period. The bill was sent back to the House to negotiate a compromise bill.

The Gun Owners Action League (GOAL) opposed the bill, saying it had "due process problems." Bill sponsor Sen. Cynthia Stone Creem (D) said, "We're not changing the 2nd Amendment, we're not doing anything drastic. All we're doing is making restrictions on those that should not be using guns."

According to MassLive.com, similar laws had been passed in five states at the time of H 4539's passage.[8]

Update: The legislature approved the bill on June 28, 2018, and Gov. Charlie Baker (R) signed it on July 3, 2018.
See also: Extreme risk protection orders in state legislatures

June 20, 2018

Massachusetts Legislature approves bill on family leave, sales taxes, and minimum wage
Massachusetts legislators approved compromise legislation to keep ballot measures on paid leave, the minimum wage, and a sales tax cut, from going before voters in November. The legislature and governor wanted to prevent the measures from appearing on the ballot because of the impact they would have on the state's finances if passed. The compromise legislation would allow workers to take up to 12 weeks of paid leave to care for a sick family member or a new baby and 20 weeks of paid leave for personal medical needs. It would also raise the state's minimum wage from $11 to $15 by 2023, gradually remove a requirement that employees be paid time-and-a-half for working Sundays, and implement a state tax holiday in August.

Raise Up Massachusetts, which describes itself as a "coalition of community organizations, religious groups, and labor unions" celebrated the minimum wage provisions but expressed reservations regarding other parts of the legislation, saying they were "strongly opposed to the Legislature's decision to eliminate Sunday time-and-a-half pay."[9][10]

Update: Gov. Charlie Baker (R) signed the legislation on June 28, 2018.

June 28, 2018

Massachusetts Legislature sends extreme risk protection order bill to governor's desk
The Massachusetts State Legislature approved H 4670, which would allow a family or household member to petition a District Court judge to issue an extreme risk protection order, which would suspend an individual's license to carry firearms and confiscate their weapons, if the family/household member believed the individual posed a threat to themselves or another person. The bill was sent to Gov. Charlie Baker (R).

Bill sponsor Rep. Marjorie Decker (D) said the bill "continues to ensure that Massachusetts is doing everything it can to lead the nation with common sense gun legislation that we know will save lives." Rep. Shaunna O'Connell (R) expressed disappointment that the legislation did not address mental health, adding, "This overly vague bill not only strips people of their civil rights, but it gives the public a false sense of security. More worrisome is that this legislation grants more authority to judges at a time we are learning there needs to be accountability for judges and their sentencing."[11]

Update: Gov. Charlie Baker (R) signed the bill on July 3, 2018.
See also: Extreme risk protection orders in state legislatures

July 3, 2018

Gov. Baker signs extreme risk protection order bill
Gov. Charlie Baker (R) signed H 4670, which allows household members and local law enforcement officers to petition a court to issue an extreme risk protection order (ERPO), removing firearms from individuals deemed dangerous. Once a petition is filed, the court must hold a hearing within 10 days. If a judge finds an individual presents a danger to themselves or others, the individual must surrender their weapons and firearms license. An ERPO can last for up to one year.

Baker said in a statement, "This law creates a responsible way to help prevent gun deaths and suicides while protecting individuals’ second amendment rights."[12]

Massachusetts joined 11 other states that had already enacted extreme risk protection order laws. Click here for more information.

See also: Extreme risk protection orders in state legislatures

July 11, 2018

State House approves school funding bill
The Massachusetts House of Representatives unanimously approved an education funding bill that would increase funding by $500 million over five years to help school districts pay for special education and employee healthcare. The legislation also called for the state to hire a research consultant to decide how much funding should be allocated to schools for English language learners and to schools with low-income students. Rep. Alice Peisch (D) said the review would allow lawmakers to decide how to allocate the funds in the 2020 fiscal year.[13]

The House legislation differed from a similar bill passed by the state Senate in May 2018, which provided funding for all four items. Sen. Sonia Chang-Diaz (D) questioned the need to continue conducting reviews. "We have studied this issue rigorously—and we’ve already had the answers for three years. How long should poor children have to wait while we continue ‘studying,’ rather than simply giving them the resources they need to learn?" she said.[13]

At the time of the 2018 legislative session, Massachusetts' school funding was based on a 25-year-old education funding formula known as the foundation budget. According to WBUR, the Foundation Budget Review Commission (FBRC), a state commission established the review the formula, provided four recommendations in 2015 to update the formula:

1. Connect employee healthcare costs to rising costs statewide.
2. Raise funds for special education by 0.25 of a percentage point.
3. Add a $2,361 increment to English-language learner funding in addition to the base per-student rate.
4. Provide low-income students with 50 percent to 100 percent more funding than their wealthier counterparts.[13][14]

July 12, 2018

Massachusetts Senate approves automatic voter registration bill
The Massachusetts State Senate approved a bill (H 4671) authorizing automatic voter registration. The legislation would permit eligible voters to automatically register to vote when they interact with the state's Registry of Motor Vehicles or with the MassHealth program. Voters would be able to opt out of automatic voter registration.[15] The House passed its own version of the bill in June 2018.

Update: The state House did not agree with the Senate's version and the bill was sent to conference committee, which agreed to a compromise bill on July 30, 2018. Gov. Charlie Baker (R) signed the legislation on August 9, 2018.
See also: Automatic voter registration

July 23, 2018

Lawmakers approve bill repealing 173-year-old state law banning abortions
The Massachusetts General Court approved a bill to repeal the state's 173-year-old abortion ban and allow women to access an abortion regardless of federal abortion laws. At the time of the bill's passage, abortion was already legal in the state but legislators expressed concern that Roe v. Wade could be overturned following the retirement of U.S. Supreme Court Justice Anthony Kennedy.[16][17]

Critics of the bill said it was unnecessary. C.J. Doyle, executive director of the Catholic Action League, said the bill was "an exercise in posturing and pandering. We're a very long way from overturning Roe v Wade." Supporters of the bill disagreed. Rebecca Hart Holder, the president of NARAL Pro-Choice Massachusetts, told TIME that she believed the right to obtain an abortion is never guaranteed. "The reality is any state can have a threat to abortion care," she said.[16]

According to TIME, Massachusetts was the first state to pass legislation maintaining legal abortion in the state if Roe v. Wade was overturned. Other states, including New Mexico and New York, planned on considering similar measures.[16]

Update: Gov. Charlie Baker (R) signed the bill on July 27, 2018.
See also: Supreme Court vacancy, 2018: An overview

July 31, 2018

Bill expanding medication-assisted treatment for opioids users sent to governor's desk
The Massachusetts General Court unanimously approved a bill that would expand access to medication-assisted treatment (MAT) in correctional facilities and for patients in the emergency room due to an opioid overdose. MAT includes the use of drugs that prevent cravings and block the effects of opioids. The bill:

  • directed the state Department of Correction to create an MAT program for incoming prisoners and to evaluate and treat inmates prior to release.
  • established five pilot programs for continuing treatment in county jails.
  • would increase access to naloxone, an overdose-reversal drug.
  • would reduce the cost of the drug for sheriffs through a bulk purchasing program.
  • would require data collection on MAT.[18][19]
Update: Gov. Charlie Baker (R) signed the legislation on August 9, 2018.

August 9, 2018

Governor signs automatic voter registration bill
On August 9, 2018, Governor Charles D. Baker (R) signed H. 4834, a bill providing for automatic voter registration, into law. The bill cleared the state Senate on July 30, 2018, by a vote of 36 to 0. The House approved the bill by a vote of 134 to 16 on July 27, 2018. The bill mandated that eligible citizens be automatically registered to vote whenever they conduct transactions at the state Registry of Motor Vehicles or through the state Medicaid program. The bill's provisions were set to take effect on January 1, 2020. Massachusetts became the 14th state to enact automatic voter registration.[20][21]

See also: Automatic voter registration

October 15, 2018

Lawmakers send FY2018 supplemental budget to governor's desk
The General Court approved a $540.35 million supplemental fiscal year 2018 budget bill to spend surplus state revenue. The bills included provisions allocating $347 million to cover shortfalls, including $135 million for MassHealth fee for service payments, $32 million for snow and ice removal, $28.6 million for county sheriffs, $10.1 million for the state Rehabilitation Commission employment assistance program, and $5 million to support residents who evacuated during hurricanes Irma and Maria in 2017. The bill also proposed allocating $40 million for local infrastructure and directed money to the state's rainy day fund.[22]

Budget

2018

Gov. Charlie Baker (R) signed the $41 billion budget bill for the 2019 fiscal year on July 26, 2018, with $48.9 million in line item vetoes and amendments. The Massachusetts General Court overturned several of the vetoes, including:

  • $2 million for the Massachusetts Cultural Council,
  • $4 million for MassHealth senior care and $12.8 million for the MassHealth fee for service program,
  • $3.1 million in funds earmarked for public safety, and
  • $1.2 million for state police.[23][24]

The General Court agreed to the legislation on July 18, 2018, two and a half weeks after the fiscal year started.[25]

What was at stake

The agreement ended a budget impasse that left Massachusetts as the only state without a permanent operating budget for the 2019 fiscal year.[26] Lawmakers also faced a July 21 deadline in order to have enough time to override any vetoes from the governor before the end of the regular session on July 31, 2018.[27]

The compromise

Lawmakers agreed to increase funds for mental health services, healthcare for low-income residents, and K-12 education without raising taxes. The budget bill included a provision from the House's original proposal to establish a special commission to review employment policies and practices and create a special audit unit for the state police. The legislation did not include immigration policies from the Senate's proposal. The policies would have prevented county sheriffs from agreeing to work with federal immigration authorities, prohibited police from asking about an individual's immigration status, ensured undocumented immigrants who have been arrested were informed of their right to an attorney, and prohibited state resources from being used to create a religious registry.[25]

The American Civil Liberties Union of Massachusetts opposed the removal of the immigration policies, saying that the removal "enshrines the politics of fear and silences the politics of hope and compassion." Rep. James Lyons Jr. (R) supported the policies' removal, arguing it protected citizens.[25]

Original disagreements

Massachusetts lawmakers were unable to agree on a full operating budget before the beginning of the 2019 fiscal year on July 1, 2018. Legislators approved an interim budget through the end of July to avoid a government shutdown.[28]

MassLive.com reported that both bills were similar in revenue but differed on spending. According to New England Public Radio, the two bills had more than $500 million in line-item spending differences and the Senate bill had 185 non-spending policy initiatives, compared to 109 in the House bill. The House would have spent more on MassHealth, which combines the state's Medicaid and Children’s Health Insurance Program, while the Senate would have spent more on K-12 education. The Senate bill would have additionally prohibited the state from approving new charter schools until reimbursement programs for sending students to such schools were fully funded. The House version did not include this provision.[28][29]

Process

See also: Massachusetts state budget and finances
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The state operates on an annual budget cycle. The sequence of key events in the budget process is as follows:[30]

  1. Budget instructions are sent to state agencies in mid-November of the year preceding the start of the new fiscal year.
  2. The governor submits his or her proposed budget to the state legislature on the fourth Wednesday in January.
  3. The legislature typically adopts a budget in June. A simple majority is required to pass a budget. The fiscal year begins July 1.

Massachusetts is one of 44 states in which the governor has line item veto authority.[30][31]

The governor is legally required to submit a balanced budget proposal. Likewise, the legislature is legally required to pass a balanced budget.[30]

See also

Elections Massachusetts State Government State Legislatures State Politics
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External links

Footnotes

  1. ↑ NECN, "Massachusetts Lawmakers Race to Pass Bills Before End of Formal Session," July 31, 2018
  2. ↑ Masslive.com, "Rep. Diana DiZoglio blasts 'silencing tactics' as House updates sexual harassment rules," March 16, 2018
  3. ↑ WCVB.com, "Representatives pass bill to protect victims of sexual assault, harassment at State House," March 15, 2018
  4. ↑ The Berkshire Edge, "News Brief: State Senate passes education reform," May 12, 2018
  5. ↑ MassLive.com, "Massachusetts Senate passes bill overhauling education funding," May 10, 2018
  6. ↑ GOAL, "About GOAL," accessed May 24, 2018
  7. ↑ MassLive.com, "Massachusetts House passes 'extreme risk' gun confiscation bill," May 23, 2018
  8. ↑ MassLive.com, "Massachusetts Senate passes 'red flag' gun bill," June 7, 2018
  9. ↑ Raise Up Massachusetts, "About us," accessed June 29, 2018
  10. ↑ WBUR News, "Mass. Legislators Strike Deal With Bill On Family Leave, Sales Tax Holiday And $15 Minimum Wage," June 20, 2018
  11. ↑ The Herald News, "Mass. Legislature approves red flag bill on guns, sends it to Baker’s desk," June 30, 2018
  12. ↑ Mass.gov, "Governor Baker Signs Bill Strengthening Commonwealth Gun Laws," July 3, 2018
  13. ↑ 13.0 13.1 13.2 Daily Hampshire Gazette, "State lawmakers debate school funding formula," July 15, 2018
  14. ↑ WBUR, "What's Behind The Beacon Hill Battle Over School Funding," July 11, 2018
  15. ↑ Common Cause, "Massachusetts Legislature Passes Automatic Voter Registration," July 12, 2018
  16. ↑ 16.0 16.1 16.2 TIME, "Massachusetts Passes Repeal of 173-Year-Old Abortion Ban Amid Fears for Future of Roe v. Wade," July 23, 2018
  17. ↑ Bustle, "Massachusetts' NASTY Women Act Aims To Protect Abortion Access In The State No Matter What," July 23, 2018
  18. ↑ The State, "The Latest: Beacon Hill lawmakers wrap up formal session," August 1, 2018
  19. ↑ WBUR, "Lawmakers Send Opioid Bill To Baker's Desk," August 1, 2018
  20. ↑ The Hill, "Mass. governor signs automatic voter registration bill into law," August 9, 2018
  21. ↑ General Court of the Commonwealth of Massachusetts, "Bill H.4834," accessed April 13, 2023
  22. ↑ The Lowell Sun, "Lawmakers OK budget bill spending surplus," October 15, 2018
  23. ↑ Mass.gov, "Governor Baker Signs Fiscal Year 2019 Budget," July 26, 2018
  24. ↑ Mass Live, "Lawmakers work to override Massachusetts Gov. Charlie Baker's budget vetoes," July 30, 2018
  25. ↑ 25.0 25.1 25.2 The Boston Globe, "State budget won’t include provisions on immigration," July 18, 2018
  26. ↑ WBUR, "Mass. Legislators Agree To $41.9 Billion Compromise Budget Plan," July 18, 2018
  27. ↑ MassLive.com, "Massachusetts lawmakers reach compromise on $41.8 billion state budget," July 18, 2018
  28. ↑ 28.0 28.1 MassLive.com, "Massachusetts will start FY19 without permanent budget," June 28, 2018
  29. ↑ New England Public Radio, "Massachusetts Lawmakers Compromise On $41.9 Billion Budget Plan," July 18, 2018
  30. ↑ 30.0 30.1 30.2 National Association of State Budget Officers, "Budget Processes in the States, Spring 2021," accessed January 24, 2023
  31. ↑ National Conference of State Legislatures, "Separation of Powers: Executive Veto Powers," accessed January 26, 2024
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