There were no roll calls in the House or Senate last week.
Once again, the main focus on Beacon Hill last week was the COVID-19 pandemic. Only a handful of legislators and staff along with the House and Senate clerks and some of their staff were at the House and Senate sessions. Most legislators and staff are staying away from Beacon Hill and many are working from home to comply with social distancing guidelines.
Both branches met in only informal sessions at which there can be no roll calls and it only takes one member to stop the proceedings if he or she disagrees with anything. The Democrats and Republicans worked together to craft bills relating to COVID-19.
This week, Beacon Hill Roll Call reports on several pieces of legislation relating to the COVID-19 pandemic. This report also includes the percentage of times local senators voted with their party’s leadership in 2020 through April 3. Beacon Hill Roll Call uses 31 votes from the 2020 Senate session as the basis for this report. This includes all roll calls that were not on local issues.
The votes of the 2020 membership of 32 Democrats were compared to Senate Majority Leader Cynthia Creem, D-Newton, second-in-command in the Senate. We could not compare the Democrats’ votes to those of Senate President Karen Spilka, D-Ashland, because by tradition, the Senate president rarely votes.
Seventeen (or 53.1 percent) of the 32 Democratic senators voted with Creem 100 percent of the time. Another 10 senators voted with Creem all but one time (96.7 percent). The Democratic senators who voted the lowest percentage of times with Creem were Sens. Diana DiZoglio, D-Methuen, and Anne Gobi, D-Spencer, who both voted with Creem only 83.8 percent of the time; and Michael Moore, D-Millbury, who voted with Creem only 87 percent of the time.
The votes of the 2020 membership of the three Republicans were compared with those of GOP Senate Minority Leader Bruce Tarr, R-Gloucester.
Only Sen. Patrick O’Connor, R-Weymouth, voted with Tarr 100 percent of the time. The Republican senators who voted the lowest percentage of times with Tarr were Sens. Ryan Fattman, R-Sutton, and Dean Tran, R-Fitchburg, who both voted with Tarr 87 percent of the time.
The percentage next to the senator’s name represents the percentage of times the senator supported his or her party’s leadership. The number in parentheses represents the number of times the senator opposed his or her party’s leadership.
Some senators voted on all 31 roll call votes. Others missed one or more roll call. The percentage for each senator is calculated based on the number of roll calls on which he or she voted and does not count the roll calls for which he or she was absent.
Sen. Joanne Comerford — 93.5 percent (2)
Sen. Adam Hinds — 100 percent (0)
The House and Senate approved and Gov. Charlie Baker signed into law a bill designed to help cities, towns, businesses and individuals solve some of the problems created by the COVID-19.
Provisions permit a moderator of a Town Meeting to declare a 30-day postponement due to a public health emergency after consulting with the Selectboard; permit a Selectboard to vote to extend the date of an Annual Town Meeting beyond the existing statutory cut-off of June 30; allow towns that are unable to finalize a budget before the start of the new fiscal year to continue month-to-month spending on essential operations at the same levels as the current fiscal year; and modify local permitting processes, extend municipal tax deadlines and allow municipalities to extend property tax exemptions and deferrals.
The bill would postpone the April 15 deadline for filing state income tax returns and set a new deadline of July 15. Another key section of the bill is designed to help restaurants cope with the ban on eating inside restaurants by allowing those establishments with liquor licenses to sell beer, wine and liquor to customers ages 21 and up who order takeout or delivery food in the same transaction.
“Whether it’s protecting local communities’ ability to govern during a time of crisis or providing much needed relief to restaurants and taxpayers, we must do what we can to support those facing hardship during this unprecedented time,” said Senate Ways and Means Chair Sen. Michael Rodrigues, D-Westport. “With the passage of this bill, the Legislature is collaboratively acting to meet this challenge and confront the urgent needs facing our commonwealth related to the COVID-19 pandemic.”
“This legislation is the product of a strong bipartisan and collaborative process to address the needs of our residents,” said Sen. Patrick O’Connor, R-Weymouth. “Municipalities now have the tools they need to overcome current challenges, restaurants have access to a crucial source of revenue, and our tax filing deadline has been extended to provide additional flexibility to those who need it.”
The House approved and sent to the Senate legislation putting a moratorium on most residential and commercial evictions and foreclosures until 30 days after Gov. Baker lifts the ongoing state of emergency. The bill allows for “emergency for cause evictions” that involve allegations of criminal activity or lease violations that are “detrimental to the health or safety of other residents, health care workers, emergency personnel or the general public.”
Another provision prohibits landlords from charging late fees or sending reports to credit rating agencies as long as a tenant provides notice within 30 days of a late payment that their failure to pay was tied to the COVID-19 pandemic.
“The bill passed by the House of Representatives is not just a housing safety bill, but a collective safety bill,” said Rep. Kevin Honan, House chair of the Committee on Housing. “As residents across the commonwealth are urged to shelter in place and practice social distancing, housing stability has never been more important. Not only does a moratorium on evictions and foreclosures protect tenants across Massachusetts, but it protects us all as we work together to flatten the curve and stop the spread of COVID-19. No one should have to worry about losing their home during a public health crisis.”
“The COVID-19 pandemic has been taking an incredible toll on individuals and families across the state,” said House Republican Minority Leader Brad Jones, R-North Reading. “With the growing number of Massachusetts residents who have either lost their jobs or tested positive for the virus, it is imperative that we take steps to alleviate some of the challenges people are facing. The temporary moratorium on evictions and foreclosures included in House Bill 4615 will provide welcome financial relief and peace of mind to both renters and homeowners.”
The House approved and sent to the Senate a proposal that would allow changes to the state’s high school standardized testing requirements. The bill would allow Department of Elementary and Secondary Education Commissioner Jeffrey Riley to authorize changes to the state’s high school standardized testing requirements, including suspending some testing requirements. The bill ensures that if a senior is required to pass the MCAS (Massachusetts Comprehensive Assessment System) to graduate, he or she will be given a time other than this spring to take the exam.
The measure allows school districts who cannot adopt a budget by June 30 because of the pandemic to approve monthly budgets. It also prohibits a city or town from terminating any resident’s essential services including water, trash collection or electricity for nonpayment of taxes or fees if the nonpayment resulted from a demonstrated inability to pay due to circumstances related to the outbreak of COVID-19.
“This bill recognizes the challenges students and districts are facing as we handle the impacts of COVID-19,” said Rep. Alice Peisch, D-Wellesley, House chair of the Committee on Education. “It allows the commissioner of Elementary and Secondary Education to delay the due date for district plans required under the Student Opportunity Act and directs him to waive the normal administration of MCAS testing. Furthermore, the legislation grants much needed discretion to the commissioner and the Board of Elementary and Secondary Education to make whatever modifications they deem appropriate for competency determinations based on timely information. The flexibility contained in the bill is essential for our students and school districts as the commonwealth faces an unprecedented crisis that evolves on a daily basis.”
The Senate approved and sent to the House a bill that sponsors say will provide additional unemployment insurance relief to low-income families, non-profit institutions and employers.
Provisions include ensuring 30 weeks instead of 26 weeks of unemployment compensation during unemployment spikes; extending the grace period for contributions for many nonprofits that self-insure for unemployment claims; protecting employers from increased unemployment insurance costs due to COVID-19; and removing a cap that results in many low-wage workers not receiving additional amounts of unemployment insurance.
“It is so important that we continue to support the people who have had their incomes interrupted by the efforts necessary to contain the spread of COVID-19,” said Sen. Pat Jehlen, D-Somerville, Senate chair of the Joint Committee on Labor and Workforce. “I am glad we are able to take this step to expand unemployment to help more people, and their families, longer and with increased benefits.”
“Our commonwealth faces an unprecedented economic emergency as small businesses close their doors and workers lose their paychecks,” said Sen. Eric Lesser, D-Longmeadow, Senate chair of the Joint Committee on Economic Development and Emerging Technologies. “These expansions to the unemployment insurance system will provide emergency relief to both workers who need support and business owners who need to keep the lights on.”
“During this unprecedented time, we needed to develop a plan to protect both workers who lose their jobs and employers from increased UI contributions due to COVID-19 related layoffs,” said Sen. Ryan Fattman, R-Sutton. “To recover from this crisis, we need to ensure that we don’t crush companies with taxes due to forces that were beyond their control and this legislation will help to mitigate those issues.”
Gov. Baker announced that to reduce large concentrations of people at beaches during the COVID-19 outbreak, the state is closing the parking lots at beaches managed by the Department of Conservation and Recreation. The beaches themselves will remain open to all for transitory use only, like walking, jogging and biking.
“In this particular case, we got a lot of input from a lot of places that people were not treating any of the distancing rules at the beaches the way they should have been,” Baker said. “And our solution to that is if people can’t play by the rules, if it’s too big a temptation, then we’re just going to get rid of the parking. And if you’re going to walk to the beach, OK, but you better be sure you abide by the rules associated with social distancing.”
“We know that … the COVID-19 crisis has caused major disruptions for the careers of individuals who earn income through their work in the cultural sector,” says the Mass Cultural Council as it announces the launch of the COVID-19 Relief Fund for Individuals. Grants of $1,000 will be available to Massachusetts individual artists and independent teaching artists/humanists/scientists who have lost income derived from their work as a direct result of COVID-19 related cancellations and closures. Learn more about the fund at bit.ly/2wZUw30.
The MASSPIRG Education Fund released a guide with tips for how consumers can negotiate with their banks to lower interest rates, waive overdraft fees and agree on payment plans to provide more financial peace of mind in the months to come.
“When Americans budgeted for 2020, they could not have predicted a pandemic that would force them to work from home, cut their hours or leave them suddenly unemployed,” said Deirdre Cummings, MASSPIRG Education Fund’s Consumer Program director. “All across the country, people are experiencing financial hardships and uncertainties, and it’s important that banks, utilities and lenders provide flexibility for those individuals and families struggling to make ends meet.”
You can access the tip guide at bit.ly/39MT3Kv.
The Supreme Judicial Court heard testimony in the lawsuit filed by the American Civil Liberties Union (ACLU) of Massachusetts, the Committee for Public Counsel Services (CPCS) and the Massachusetts Association of Criminal Defense Lawyers (MACDL) asking the court to take immediate action to limit outbreaks of COVID-19 by reducing the number of people who are incarcerated in Massachusetts jails, prisons and houses of correction.
“This case presents the criminal legal system with an opportunity to save the lives of incarcerated people who are especially vulnerable to the COVID-19 pandemic, and in doing so, to save the lives of countless others,” said Carol Rose, executive director of the ACLU of Massachusetts. “Public health experts agree: the impact of this virus cannot be confined to a prison. Outbreaks in correctional facilities among incarcerated people and staff will lead to surging demand for intensive health care, pushing our already overburdened health care system past the breaking point. This puts all of us at risk. Time is of the essence. Massachusetts does not have the death penalty as a matter of law. Unless we change course now, we’re going to have it as a matter of fact.”
Seven of the state’s 10 district attorneys have filed a brief opposing the petition, including Eastern District Attorney Jonathan Blodgett, Plymouth District Attorney Timothy Cruz, Worcester District Attorney Joseph Early Jr., Hampden District Attorney Anthony Gulluni, Norfolk District Attorney Michael Morrissey, Cape and Islands District Attorney Michael O’Keefe and Bristol District Attorney Thomas Quinn. In a written statement, they said they understand the petitioners’ concerns regarding the risks presented by COVID-19 in prisons, but argued that this crisis is not a reason to abandon government’s most basic function of safeguarding its citizens. Instead, these district attorneys prefer that inmates be considered for release on a case-by-case basis in hearings before judges.
“The petitioners’ approach of mass releasing offenders is ill-conceived, overbroad and reckless,” Gulluni said. “Dangerous criminals who pose a clear public safety risk should not be allowed to exploit a public health crisis. As prosecutors, we have a duty to the law, victims and the public, which includes those who are incarcerated. Being mindful to all these responsibilities, we have taken to an individualized review of release requests and have and will agree to release non-violent defendants whose health conditions and/or age present greater risks were they to contract COVID-19.”
“We agree with the attorney general and the district attorneys of Suffolk, Middlesex, Berkshire and the Northwestern District that it cannot be business as usual if we are going to prevent a catastrophic outbreak of COVID-19 in our correctional facilities — an outbreak that will devastate not only the individuals incarcerated, but also the communities in which these facilities are located,” said CPCS attorneys Rebecca Jacobstein and Benjamin Keehn in a joint statement. “We learned today that the rate of infection within the Massachusetts Treatment Center has increased almost five-fold in the week since we filed this petition. Time is of the essence. The court clearly understands the urgency. We look forward to the issuance of an order that will begin to ameliorate the danger we all face.”
Rep. Mindy Domb, D-Amherst, has filed legislation, co-sponsored by 36 of her colleagues, to establish a $500 million emergency fund to support food pantries in Massachusetts as a result of the COVID-19 outbreak. The legislation would provide money to buy additional food and personal care items, as well as to support pantry operations.
“These pantries were part of the monthly safety net for many families before the COVID-19 outbreak,” Domb said. “Many families live paycheck-to-paycheck in the best of times. The … outbreak has furloughed many of those workers, and families are turning to food banks for help. Record-shattering claims for unemployment benefits indicate an additional need for emergency food for our neighbors, many of whom never needed food pantry services before.”