The House finally agreed on the details of changing the House rules to hold a remote session during the COVID-19 pandemic. Then, it made history last week when it held the first remote session with just a few members in the House chamber, while most members watched and listened on their computers and voted via phone from their own homes or business offices.
The Senate continued to hold its sessions with just a handful of senators present, but agreed on rule changes that will allow it to hold a remote session starting the week of May 11.
Beacon Hill Roll Call records local representatives’ votes on one roll call from the week of May 4 to May 8. There were no roll calls in the Senate last week.
House, 157 to 0, approved, and the Senate approved on a voice vote without a roll call, a bill that would authorize the state treasurer to borrow billions of dollars needed to keep the state running through June because of diminishing tax revenues during COVID-19. State tax collections dropped in April by more than $2.3 billion compared to April 2019. The loss is attributed to the reduced income tax revenue since Massachusetts moved the tax return filing deadline from April 15 to July 15, and to the loss of sales tax and other revenue as a result of business shutdowns.
The bill still needs final approval in both branches prior to it going to Gov. Charlie Baker for his signature.
Supporters said they anticipate the borrowing could reach $3 billion to keep the state afloat. They said the state is obligated to pay its bills and has no other choice.
Senate Ways and Means Chair Sen. Mike Rodrigues, D-Westport, said the Baker administration and the Legislature joined together in a bipartisan manner to move the tax filing date and agreed on a way to pay the state’s bills despite what will be a sharp temporary dip in the state’s revenues from April 15 to July 15.
“The Legislature and the administration agreed to engage in what is called … RANs — Revenue Anticipation Notes,” Rodrigues said. “Meaning that we are going to borrow in fiscal year 2020 in anticipation of revenue coming in in fiscal year 2021.”
A “Yes” vote is for the borrowing.
Rep. Natalie Blais — Yes
Rep. Paul Mark — Yes
Rep. Susannah Whipps — Yes
U.S. District Court Judge Douglas Woodlock issued a preliminary injunction lifting a March 23 executive order by Gov. Baker that required firearm retailers to close their physical businesses during the COVID-19 state of emergency. The suit was brought by gun shop owners and gun rights groups. The battle is not yet over as the state will have until May 28 to file its rebuttal seeking dismissal of the lawsuit.
The judge said Baker’s executive order closing down the gun retailers during the pandemic violates the Second Amendment.
“We don’t surrender our constitutional rights,” Woodlock ruled. “These plaintiffs have constitutional rights that deserve respect and vindication, and it becomes necessary for a court to do that rather than the executive (branch) when the executive declines.”
Under the ruling, retailers may sell guns, ammunition and other related items between 9 a.m. and 9 p.m. by appointment only, with not more than four appointments per hour. The opening of the shops would be subject to any further land use limitations imposed by the city or town hosting the shops. Employees and customers are required to wear masks, alcohol wipes must be available, and social distancing requirements must be followed.
Plaintiffs criticized the administration’s decision to include gun retailers on the list of non-essential businesses that must close their stores amid the pandemic while other businesses such as liquor stores were deemed essential and were allowed to stay open.
“This emergency, like any other emergency, has its constitutional limits,” the plaintiffs alleged. “The need for personal self-defense is most acute during times of uncertainty and crisis when law enforcement services may not be available or may not be reliably available … and criminal offenders may be released from custody or may be less likely to be taken into custody in the first place.”
Baker administration lawyers pointed to the limited time frame for the closure and alternatives such as private person-to-person sales and the availability of some ammunition at Walmart stores and in border states. Assistant Attorney General Julia Kobick said the rationale for the gun shops’ closures was to help stop transmission of the virus.
“(We are) very pleased with the decision from Judge Woodlock,” said Jim Wallace, executive director of the Gun Owners Action League (GOAL) of Massachusetts. “During (the) hearing, the judge pressed the state for specific answers as to why (gun) retailers were removed from the essential list. The judge said the state could not, or chose not to, provide an answer to the court why Baker listed ranges and retailers as essential and then suddenly removed them. It was then that the judge strongly hinted that the action seems more about politics than health policy.”
“While Judge Woodlock stated that the Baker administration failed to provide sufficient justification for closure of gun stores during the pandemic, we would like to emphasize the compelling reasons for such a closure,” said Ruth Zakarin, executive director of the Massachusetts Coalition to Prevent Gun Violence. “Access to a gun triples the risk of death by suicide and also increases the risk of lethality for victims of domestic violence by 500 percent. Adding guns to households during a time of forced isolation and stress is a threat to public health and safety.”
The Senate approved and sent to the House a bill that would lower the number of voters needed at an open Town Meeting to have a quorum. Other provisions include allowing virtual representative Town Meetings to be held online, allowing towns to hold Town Meetings outside the geographic limits of the town and requiring registered voters wishing to participate in a remote Town Meeting to submit a request to participate to the town clerk not less than 48 hours prior to the meeting.
Another key section allows a mayor who is unable to submit an annual budget for fiscal year 2021 to the city council within 170 days after his or her inauguration to submit the budget to the city council within 30 days after the termination of the governor’s declaration of emergency, or on July 31, whichever is earlier.
“Throughout this public health crisis, the Senate has acted swiftly to provide our municipalities with the flexibility they need to operate,” said Senate President Karen Spilka, D-Ashland. “This latest measure is a testament to that commitment and ensures that the Town Meeting process can continue while maintaining the health and safety of members and the public.”
The Committee on Community Development and Small Businesses held a live virtual hearing on a bill that creates a Massachusetts PPP to help small businesses that are unable to conduct business through the COVID-19 emergency but do not qualify for the Federal PPP. This would provide small businesses with less than 500 employees with a loan to retain workers or make mortgage payments, lease payments and utility payments. Businesses would also be eligible for the loan to be forgiven and turned into a grant if the funds are used properly.
The state program would also cover cannabis companies, which are not included under the federal program because the industry is still illegal under federal law.
“Equity relief should be administered equitably, and this bill is a step in the right direction,” said industry consultant Jim Borghesani. “Cannabis companies pay taxes, create jobs, provide direct funds to communities and take business away from street dealers. They should have the same Paycheck Protection Program access as other businesses.”
“It’s my sincere hope that the administration puts a plan in place to allow these small businesses to operate again with strict safety measures,” said Sen. Diana DiZoglio, D-Methuen. “This bill was filed as a last resort for the many businesses who remain closed and completely ineligible for any type of loan or grant assistance from the federal government. These are local families who pay taxes and employ our neighbors. They’re going under and we need to throw them a rope.”
The Judiciary Committee did not hold a hearing and only accepted written testimony on legislation that would require prisons to release prisoners who pose no immediate physical threat.
“Our state government is responsible for ensuring public health during this state of emergency,” wrote the bill’s sponsor Rep. Lindsay Sabadosa, D-Northampton. “That duty extends to protecting prisoners, correctional officers and other employees at prisons and jails as well as the community-at-large. Preventing the spread of COVID-19 through common-sense ‘decarceration’ measures ensures public health, humane treatment of prisoners and safer working conditions. While the executive branch could have taken bold, swift action, it has not. Therefore, it is incumbent upon the Legislature to act quickly.”
The Judiciary Committee also accepted only written testimony on two bills that grant indemnity from lawsuits to public and private colleges and secondary schools as a result of any act or omission by the institution when it develops, manufactures, tests or distributes personal protective equipment (PPE) in response to COVID-19, unless the act or omission constitutes willful, wanton or reckless conduct. Under current federal law, manufacturers and other businesses are given this liability protection, but the federal law does not apply to colleges, universities or secondary schools.
Sen. Walter Timilty, D-Milton, the Senate sponsor, wrote that the state has been asking companies and institutions to repurpose their manufacturing processes to help with the emergency demand of PPE. But colleges are unable to help because they fear lawsuits and “this bill will remove that hurdle.”
“Given the extraordinary need for PPE here in the commonwealth, I believe this piece of legislation will greatly assist those that are battling this pandemic on the front lines,” Timilty said. “Additionally, it will allow our institutions of higher education to employ people in their facilities, creating further economic opportunities in Massachusetts.”
“(Colleges) have been called upon to donate, supply and manufacture personal protective equipment and other emergency aid following the outbreak of COVID-19,” said House sponsor Rep. Jeff Roy, D-Franklin. “They have also offered to house emergency aid workers and provide shelter for testing and potential patients suffering from the disease. Their charitable efforts are deserving of protection.”