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CLT UPDATE
Friday, May 1, 2020

Crisis of Democracy Infects the House


Jump directly to CLT's Commentary on the News


A day after House Democrats released a revised version of temporary rules for remote, formal sessions, House Minority Leader Brad Jones says he still has concerns about the document and might block it from advancing in an informal session scheduled for Wednesday.

The new rules were designed to allay a concern raised by some members about the threshold of support needed to force a roll call vote. The revision put the threshold back at 10 percent (or about 15 members) instead of 25 percent (or about 40 members).

The reversal came after Jones called the threshold a "big problem" on Tuesday. While he acknowledged on Wednesday that one of his major concerns had been addressed, the North Reading Republican continues to have concerns regarding the limit on how many times a member can be recognized, a 10 a.m. deadline to sign up to debate, and the inability for members to know how long a recess, or break, might last.

"I might block it," he said on Wednesday morning, referring to the temporary rules. "We have to kind of find some way of doing something more on this debate thing, because I think it just presents a real problem."

State House News Service
Wednesday, April 29, 2020 @ 10:55 AM
Minority Leader Might Still Block House Rules


House Republicans attended Wednesday's informal session in larger numbers than usual as that branch weighs a temporary emergency order allowing for remote, formal sessions (H 4676), and Democrats put the session into a recess.

House Minority Leader Brad Jones filed an amendment requiring the emergency rules to lapse after the enactment of H 4593, a Gov. Charlie Baker bill that would enable the Treasury to borrow an unspecified amount this fiscal year and pay it back by the end of the next fiscal year.

While it appears Republicans might win a standing vote on the amendment, Jones said he does not think Democrats want to move forward with the change.

The North Reading Republican said he also floated another idea about creating a time reserve that could be allocated to people during debates.

State House News Service
Wednesday, April 29, 2020 @ 12:34 PM
Republicans Pressing for Emergency Rules Changes


After it drew objections, Massachusetts House leaders retreated Tuesday from a plan to raise the threshold required for recorded votes during remote, formal sessions that they hope to begin holding Thursday to process important bills during the COVID-19 pandemic.

With certain bills requiring recorded roll call votes, such as critical borrowing legislation tied to impacts from the unfolding pandemic, the House is set on Wednesday to consider a package of 20 temporary emergency rules. If adopted, the House then plans to launch a rare experiment: holding formal sessions during which representatives would be allowed to participate by using their phones instead of actually attending sessions at the largely closed State House.

The House has 158 members, and a small number of them, representing the leadership of both major parties, will attempt to orchestrate these livestreamed sessions from within the chamber, while wearing masks, social distancing, and listening to remote remarks that will be amplified on the PA system. It's a stark departure from decades of deliberations that have largely turned on face-to-face conversations, and an untested process that no one is sure about.

During a teleconference caucus Tuesday, House Democrats discussed a draft plan that would have raised the threshold to secure a roll call vote from 10 to 25 percent, or roughly 15 members to 40 members, depending on the number of representatives participating. House Minority Leader Brad Jones called that a "big problem" and Rep. Mike Connolly of Cambridge also objected.

Later, after the caucus, House Speaker Robert DeLeo issued a statement saying that House members had "expressed their preference for the current threshold for roll call votes – understanding it could potentially slow down the process."

State House News Service
Wednesday, April 29, 2020
House Dems Back Away From Recorded Vote Change
Critical Borrowing Bill on Thursday Agenda


An attempt by House Democrats to push through emergency rules allowing for remote formal sessions stalled out after Republican action ended Wednesday's House session -- a move that drew a strong rebuke from the House speaker and an equally strong rebuttal from the House GOP leader.

House Minority Leader Brad Jones' move derailed House Speaker Robert DeLeo's plans to hold a remote formal session on Thursday to advance a Gov. Charlie Baker borrowing bill to tide the state through pandemic-related revenue shortfalls. After disagreements reached a tipping point, Jones objected and ended the session for the day by doubting the presence of a quorum, which was not present in the House.

"It was an inability to reach a further consensus on some modifications to the order and a continuing concern with a part of my members that the order took too much away from their ability to debate," Jones said, explaining why he ended the session....

After Wednesday's session ended, DeLeo said Jones' action could "imperil the state's cash flow, require cuts to services for vulnerable populations during a public health crisis, and harm the state's bond rating, which will only add to the future cost of borrowing."

"Today, Republicans blocked a set of emergency procedures aimed at allowing the House to hold formal sessions while keeping members, staff, and the public safe during the COVID-19 pandemic," DeLeo said in a statement, adding that Baker "has told leaders of both parties that it is time sensitive and critical to the state's finances."

Rep. Paul Donato (D-Medford) chaired Wednesday's session and said he was "bewildered" that Republicans blocked the rules from moving forward. Donato said lawmakers will meet again on Thursday to consider the rules....

"This is an unparalleled example of both recklessness and fiscal irresponsibility; a partisan political move meant to enhance their power at the expense of the taxpayer and the safety of the public," DeLeo said.

After the session, Jones said he could only point to one change in the order specifically geared towards his requests: allowing both the House speaker and minority leader to have a staff member present on the chamber floor.

Jones repeatedly told the News Service on Wednesday that he might block the bill if House leadership did not address his caucus' concerns regarding the limit on how many times a member can be recognized, a 10 a.m. deadline to sign up to debate, and the inability for members to know how long a recess, or break, might last.

In an attempt to limit the duration of the emergency rules, Jones filed an amendment that would add a sunset clause rendering the emergency rules moot after the House enacted the borrowing bill.

"We'll even take your crappy order that you're ramming down people's throats and we'll get that bill done. And then we'll come back and we'll use that interim time to try to see if we can each come to consensus," Jones told reporters on Wednesday, explaining his logic. "They decided against that."

Prior to taking up the Jones amendment, House Democrats started to amass in the chamber during an extended recess after Republican members had started to gather. At one point in the session, a News Service reporter counted around 24 House members in the Chamber, a majority of them Democrats.

"The Republican action today, which forced us to call in Members to the Chamber, is in direct conflict with the Baker Administration's guidance on physical distancing and puts at risk House Members, staff, and the public at large," DeLeo said.

Late Wednesday, Jones issued a lengthy statement calling DeLeo's comments "untruthful" and alleging that the emergency rules "seem to be about placing more power into the hands of the Speaker's office." ...

While the only action on the rules during Wednesday's informal session revolved around the sunset amendment, much of the concern felt by the Republican caucus stems from the debate outline laid out in the emergency rules.

The House rejected the sunset amendment but Democrats said that vote was voided after Jones's motion doubting the presence of a quorum ended Wednesday's session.

Rep. David Vieira (R-Falmouth) said a "reasonable compromise" would be to allocate a period of time to the speaker and minority leader and allow them to yield time to their members to debate.

"The difficult part is making sure the emergency rules preserve the rights of Members of the House, which in turn preserve the rights of the 43,000+ constituents we represent," Vieira wrote in a Facebook post.

State House News Service
Wednesday, April 29, 2020
Pandemic Rules Trigger Fight in Mass. House
DeLeo Says GOP Action Put Reps, Staff at Risk


House Democrats and Republicans met for more than five hours but were unable Thursday to compromise on emergency rules or pass legislation authorizing short-term borrowing to ensure that government services are funded during the COVID-19 pandemic.

The House gaveled in at 10 a.m. and more than five hours later rejected, for the second straight day, a Republican proposal that would sunset rules allowing members to participate in sessions remotely after consideration of the borrowing bill. House Democrats want to put the temporary rules in place throughout the state of emergency, or for the rest of the year.

Earlier in the session, Rep. Sean Garballey, an Arlington Democrat, objected to an attempt by House Minority Leader Brad Jones to take up the borrowing bill proposed by Gov. Charlie Baker and return to the disputed rules later. Republican Rep. David Vieira said it was a "real shame" the bill was not allowed to advance.

House Speaker Robert DeLeo hoped the full House would hold its first remote session on Thursday, but has run into trouble coming up with a rules plan that Republicans will let pass during an informal session when any one member is able to stop any bill or bring a session to an end by doubting the presence of a quorum, as Jones did on Wednesday, and again on Thursday.

Republicans have suggested passing the borrowing bill on to the Senate during an informal session to give the legislation some momentum while work continues on internal House rules. House Democrats appear intent on passing the rules first....

There were about three dozen people in the House Thursday, well above the 10-person limit called for in Gov. Baker's order aimed at stemming the spread of COVID-19.

Jones said he is not encouraging his caucus to attend informal sessions and recognizes Baker's limit on gatherings, from which the Legislature is exempt.

"I specifically told my members I'm not requesting that they come in. They are free to come in or not come in," Jones said. "I appreciate Gov. Baker's order in people gatherings over 10 but last time I went to the grocery store ... there was a lot more than 10 people." ...

Assistant Majority Leader Joseph Wagner of Chicopee watched Thursday's House session online and said he views the emergency rules proposed by Democratic leadership as fair to all members, including House Republicans.

"I think it's a little frustrating at this point. I thought it would be resolved today," Wagner said.

The Chicopee Democrat allowed that the proposed rules structure of having people sign up to debate and getting only one chance to speak would be more limiting than during normal times, but he said "these are uncharted waters and unprecedented times." ...

Wagner said he wasn't sure how a Rep. Jones proposal to give the speaker and minority leader each a block of speaking time to yield to members of their caucuses would be fair.

"Their agenda, which serves a minority number of members, disadvantages the majority and on that basis it doesn't make a lot of sense. Why should somebody who represents 40,000 people in Plymouth gain an advantage over someone representing a similar number of people in Chicopee?"

After the session, Jones expressed optimism about negotiations. Thursday's conversations were a "helpful back and forth that I hope will continue tomorrow and over the weekend to allow us to get to a place that we can move forward on the order."

"Obviously, it's the clear preference of the leadership that we get the order done first," Jones told the News Service. "That being said, there were some helpful, and I'll even go as far as to say hopeful, discussions about maybe some modifications to the order that might lead us to a consensus that people can live with or tolerate, even if they don't necessarily completely like it."

Second Assistant Majority Leader Rep. Paul Donato said negotiations "were very close" and hopes that House Speaker Robert DeLeo and Jones might come to an agreement in the next few days. "We're ready to start the formal session as soon as we can get this out of the way," Donato told reporters.

The House and Senate both plan to meet again on Monday.

State House News Service
Thursday, April 30, 2020
House Leaders Take Partisan Impasse on Rules Into Weekend
Borrow Bill on Hold Amid Quarrel Over Remote Sessions


House Speaker Robert DeLeo is making preparations to call Democrats back to Beacon Hill to pass a package of emergency rules over the objection of Republican lawmakers in what would be a last-resort measure to force through the changes needed to allow members to vote on legislation remotely, a House source familiar with the planning told the News Service....

The House has an informal session scheduled for Monday when leaders will try again to pass the new rules with a limited number of members present.

"If that fails, the speaker is preparing to look at a formal session to approve the rules package, consistent with public health and social distancing," the source said Friday.

Evidence that the speaker might be serious and trying to send a message to House Republicans was evident Friday on the marble floors of the State House.

Tape markings had been laid out on the floors outside the chamber six feet apart to inform proper social distancing etiquette. The tape marks snaked from the entrance to the House chamber, down the third-floor hallway toward the governor's office, and down the large marble staircase to Nurse's Hall.

State House News Service
Friday, May 1, 2020
DeLeo Considering Calling Members Back to Pass Rules


With the House scrambling this week to put in place emergency rules for remote voting, Senate leaders say they have a short-term plan to pass a borrowing authorization bill filed by Gov. Charlie Baker, but will take their time putting together a more complete plan for formal sessions.

Senate Majority Leader Cynthia Creem will lead a bipartisan group of seven senators to craft a plan that would allow the Senate to begin holding formal sessions, with recorded roll call votes, by early June.

In the meantime, Creem told the News Service that Senate President Karen Spilka devised a plan to pass the governor's borrowing bill, which requires a roll call vote, as soon as it clears the House. The plan would allow for three options for senators to cast a vote, including in person or by proxy through another senator.

"That is for that particular vote. But then we anticipate going into a different mode," Creem said.

Baker filed the borrowing bill (H 4593) in late March to authorize Treasurer Deb Goldberg to borrow money as a bridge to July to ensure that as a result of the decision to postpone the income tax filing deadline from April 15 to July 15 that the state had sufficient cash on hand to meet its obligations.

The House had hoped to pass the bill on Thursday, but leaders so far have been unable to push through a broader package of rules to allow members to vote without coming into the chamber. House Republicans on Wednesday blocked the rules over concerns about the process for debating future bills, and Democrats rejected a Republican amendment that would have allowed just the borrowing bill to pass for now.

If and when the House passes the bill, Creem said the Senate will be ready and has already talked the process through with Minority Leader Bruce Tarr.

State House News Service
Thursday, April 30, 2020
Senate Eyes Return to Formal Sessions in June
Creem: Branch Has Options to Pass Borrowing Bill


Nearly 900,000 Massachusetts workers, representing almost a quarter of the state's entire labor force, have filed new claims for unemployment benefits since mid-March as the COVID-19 pandemic and the widespread shutdowns it prompted continue to exert an economic toll.

Labor officials on Thursday reported 3.8 million initial standard unemployment insurance claims submitted nationwide between April 19 and April 25 and more than 70,000 in Massachusetts, the sixth straight week of elevated demand. Service industries such as restaurants and hotels have been hit particularly hard.

Over the past six weeks with the outbreak in full force, more than 30 million Americans have filed new applications for jobless aid in a historic surge. Massachusetts recorded more than 720,000 initial claims for unemployment insurance in the same span.

The state is also more than a week into offering aid to a range of applicants, including gig workers and the self-employed, who did not qualify for benefits until Congress expanded eligibility in the so-called CARES Act last month.

From April 19 to April 25, the Baker administration received 171,598 claims for that program, known as Pandemic Unemployment Assistance, the state Executive Office of Labor and Workforce Development said in a Thursday press release.

The office had said last week that it received more than 200,000 applications in the first three days. A spokesman could not be reached to clarify the difference between applications reported last week and claims reported in Thursday's update....

Ongoing claims, which refer to those who seek continuing weeks of benefits, totaled 527,538 in Massachusetts last week, a roughly 14 percent increase over the previous week....

The record level of need has dented the state's trust fund used to pay out support. On March 1, the Massachusetts unemployment insurance trust fund had a balance of about $1.63 billion, and that was down more than half to $748 million on April 16, according to U.S. Treasury Data.

Gov. Charlie Baker sought a $1.2 billion loan from the federal government in early April, writing that he believes Massachusetts will need injections of $900 million to cover costs in May and $300 million for June.

State House News Service
Thursday, April 30, 2020
Nearly Quarter of Labor Force Has Filed Jobless Claims
70,000 New Weekly Claims Filed in Massachusetts


Ballot question campaigns will be able to collect the 13,000-plus signatures they need over the coming weeks electronically under a new court judgment agreed to by Secretary of State William Galvin.

In a resolution partly mirroring relief already granted to legislative and Congressional candidates, the Supreme Judicial Court issued judgment late Wednesday allowing proponents of four initiative petitions to solicit digital signatures rather than pen-on-paper versions to limit COVID-19 transmission risks.

All four campaigns and Galvin agreed to the resolution by the deadline the court set, averting a full hearing.

The judgment, reached on Wednesday and acquired by the News Service, extends e-signature permission the state's highest court on April 17 gave candidates for office to the four initiative petitions still in the running to make November's ballot.

Backers of the proposed laws -- authorizing ranked-choice voting, increasing nursing home funding, allowing beer and wine sales at food stores, and increasing access to automobile telematic repair data -- will be allowed to post PDF files of signature-gathering forms online for distribution, under the judgment written by Justice Barbara Lenk.

Voters who wish to place the questions on the statewide general election ballot can print the form and sign it by hand, then mail or email it back to the campaigns, or they can apply an electronic signature directly. E-signatures cannot be typed under the court's order.

Interested parties cannot be required to submit personal information beyond their name, address and municipality to access the digital forms, and any third-party electronic signature providers used cannot retain any personal information of voters.

While the previous Goldstein decision slashed the signature-gathering threshold for many candidates by 50 percent, ballot question campaigns will still need to collect the full 13,347 signatures required and submit them to local election officials by June 17 and to Galvin's office by July 1.

State House News Service
Thursday, April 30, 2020
Accord Clears Way for E-Signatures on Ballot Questions
Judge Lenks Spells Out Rules in New Judgment


State stimulus checks would flow to certain immigrant taxpayers who are ineligible for similar payments through a federal program, under bills recently filed in the Massachusetts House and Senate.

Filed by Sen. Jamie Eldridge and Rep. Christine Barber, the bills would direct the state Department of Revenue to issue stimulus checks -- $1,200 for an individual, plus more for dependent children and subject to reductions over set income thresholds -- to people who paid Massachusetts taxes in 2019 using Individual Taxpayer Identification Numbers, and were ineligible for similar federal rebates under the Coronavirus Aid, Relief, and Economic Security relief package.

The Internal Revenue Service assigns Individual Taxpayer Identification Numbers (ITIN) to people who are required to pay taxes but are not eligible for Social Security numbers, including some who do not have lawful immigration status in the U.S.

Eldridge, an Acton Democrat, said towns he represents like Marlborough, Hudson and Maynard have large immigrant communities, and that he'd heard from undocumented constituents who have lost work during the COVID-19 pandemic but aren't eligible for unemployment or public benefits and did not receive federal stimulus payments.

He called the legislation "really an issue of fairness."

State House News Service
Wednesday, April 29, 2020
Immigrant Stimulus Check Bills Draw Support
Immigrants with Tax ID Numbers Would Qualify


Chip Ford's CLT Commentary

What a running political drama is occurring at the State House.

It began with an unmitigated and brazen power grab by House Speaker Robert DeLeo and his lieutenants among the Democrats' council of war.  What could have been a relatively simple process of legislating remotely has turned into an unnecessary circus when DeLeo and his Democrat flock decided to write new rules that if in effect will for all intent excluded any Republican participation.

First the new rules as presented on Tuesday would have increased the number of votes to require a roll call on any future legislation, from 10% to 25% from 15 members to 40 members.  There are only 31 Republican members in the House of Representatives, and Democrat sheep can be counted on to march in lockstep with the Speaker.  No roll call votes means no legislator would ever be held accountable for their vote because nobody would ever know how they voted.  Late Tuesday night confronted by unanimous Republican opposition and negative publicity — and unable to defend the indefensible, this scheme was unceremoniously dropped.

House Republicans still have legitimate concerns, among others:  a limit on how many times a member can be recognized; a 10 a.m. deadline to sign up to debate, and; the inability for members to know how long a recess, or break, might last.

In an attempt to put a limit on the duration of the emergency rules, Minority Leader Brad Jones filed an amendment that would add a sunset clause rendering the emergency rules moot after the House enacted a critical  borrowing bill to keep the state running:  "(H 4593) that Republican Gov. Charlie Baker filed and said is needed to 'protect the state's budgetary and cash balances during the ongoing emergency' and 'to relieve pressure on the taxpayers of Massachusetts.'"

"We'll even take your crappy order that you're ramming down people's throats and we'll get that bill done," Jones declared on Wednesday.  "And then we'll come back and we'll use that interim time to try to see if we can each come to consensus."

The Republican leader's proposed amendment was shot down.

"Never let a crisis go to waste."

There are only 31 Republicans in the House, but still that is too many for DeLeo and the Democrats.  This new rule would mute and emasculate them, turn control completely over to the majority.

Assistant Majority Leader Joseph Wagner (D-Chicopee) asserted that he wasn't sure how a Rep. Jones proposal to give the speaker and minority leader each a block of speaking time to yield to members of their caucuses would be fair, the State House News Service reported.

Wagner added:  "Their agenda, which serves a minority number of members, disadvantages the majority and on that basis it doesn't make a lot of sense. Why should somebody who represents 40,000 people in Plymouth gain an advantage over someone representing a similar number of people in Chicopee?"

Wagner said he views the emergency rules proposed by Democratic leadership as fair to all members, including House Republicans.

"Their agenda, which serves a minority number of members, disadvantages the majority and on that basis it doesn't make a lot of sense. Why should somebody who represents 40,000 people in Plymouth gain an advantage over someone representing a similar number of people in Chicopee?"

"The House gaveled in at 10 a.m. yesterday and more than five hours later rejected, for the second straight day, a Republican proposal that would sunset rules allowing members to participate in sessions remotely after consideration of the borrowing bill," the News Service reported.  "House Democrats want to put the temporary rules in place throughout the state of emergency, or for the rest of the year."

DeLeo and his Democrat supermajority want the new rules to potentially be in effect for the rest of the year.  Republicans want a date certain when the new rules expire.

DeLeo is standing fast, refusing to bend.  He's preparing to ram through the new rules by brute force without any Republican support if they don't comply on Monday.

Who will blink first?

Read or download the latest proposed new House Rules


The wave of unemployment resulting from the governor's shutdown of the state continues to rise.  According to the State House News Service:

●  Nearly 900,000 Massachusetts workers, representing almost a quarter of the state's entire labor force, have filed new claims for unemployment benefits since mid-March as the COVID-19 pandemic and the widespread shutdowns it prompted continue to exert an economic toll.

●  Labor officials on Thursday reported 3.8 million initial standard unemployment insurance claims submitted nationwide between April 19 and April 25 and more than 70,000 in Massachusetts, the sixth straight week of elevated demand.

●  The record level of need has dented the state's trust fund used to pay out support. On March 1, the Massachusetts unemployment insurance trust fund had a balance of about $1.63 billion, and that was down more than half to $748 million on April 16, according to U.S. Treasury Data.

●  Gov. Charlie Baker sought a $1.2 billion loan from the federal government in early April, writing that he believes Massachusetts will need injections of $900 million to cover costs in May and $300 million for June.


While everyone is focused on this battle for democracy watching the shiny object over there the Senate's leading "progressive" is pushing a bill to reward "certain immigrant taxpayers who are ineligible for similar payments through a federal program, under bills (S-2659 / HD-5036) recently filed in the Massachusetts House and Senate" with their own state stimulus checks.

The bills filed by Sen. Jamie Eldridge (D-Acton) and Rep. Christine Barber (D-Somerville) would "direct the state Department of Revenue to issue stimulus checks $1,200 for an individual, plus more for dependent children and subject to reductions over set income thresholds to people who paid Massachusetts taxes in 2019 using Individual Taxpayer Identification Numbers, and were ineligible for similar federal rebates under the Coronavirus Aid, Relief, and Economic Security relief package . . . including some who do not have lawful immigration status in the U.S."

An estimate of the cost is $58 million for an estimated 57,000 Massachusetts residents living in households with an ITIN filer.

Sen. Eldridge called it "really an issue of fairness."

Rep. Barber noted that California has created a similar program to provide payments for immigrants ineligible for the federal stimulus.


One bit of encouraging news for democracy in Massachusetts was delivered again by the state Supreme Judicial Court, when it issued judgment late Wednesday allowing proponents of four initiative petitions to solicit digital signatures rather than pen-on-paper versions to limit COVID-19 transmission risks.  The ruling "extends e-signature permission the state's highest court on April 17 gave candidates for office to the four initiative petitions still in the running to make November's ballot."

The State House News Service reported:  "Backers of the proposed laws authorizing ranked-choice voting, increasing nursing home funding, allowing beer and wine sales at food stores, and increasing access to automobile telematic repair data will be allowed to post PDF files of signature-gathering forms online for distribution, under the judgment written by Justice Barbara Lenk."


The ongoing drama on Beacon Hill the attempted overturn of representative democracy in Massachusetts is the most radical assault by the Democrat supermajority on the legislative process that I can recall.  The united, unwavering Republican defense of representative government is gratifying.  I'm actually quite proud of them for standing up to the mob and the madness!

Read or download the latest proposed new House Rules

Chip Ford
Executive Director


State House News Service
Wednesday, April 29, 2020 @ 10:55 AM
Minority Leader Might Still Block House Rules
By Chris Van Buskirk


A day after House Democrats released a revised version of temporary rules for remote, formal sessions, House Minority Leader Brad Jones says he still has concerns about the document and might block it from advancing in an informal session scheduled for Wednesday.

The new rules were designed to allay a concern raised by some members about the threshold of support needed to force a roll call vote. The revision put the threshold back at 10 percent (or about 15 members) instead of 25 percent (or about 40 members).

The reversal came after Jones called the threshold a "big problem" on Tuesday. While he acknowledged on Wednesday that one of his major concerns had been addressed, the North Reading Republican continues to have concerns regarding the limit on how many times a member can be recognized, a 10 a.m. deadline to sign up to debate, and the inability for members to know how long a recess, or break, might last.

"I might block it," he said on Wednesday morning, referring to the temporary rules. "We have to kind of find some way of doing something more on this debate thing, because I think it just presents a real problem."

The crux of the problem, Jones said, could surface during debate on an amendment. If a member files an amendment, presents it to the chamber remotely or in-person, and then other people speak on it, the original member can't offer a rebuttal or clarification.

"We haven't suffered from an overabundance of debate in recent years and that argument can cut both ways: 'Well, what are you worried about because nobody debates anyways,'" he said. "But why do you have to have such an arcane rule."

As for the compressed timeline, the draft version was sent to members on Monday night with both parties caucusing Tuesday afternoon. And although a revised version did appear Tuesday night, Jones said more time is needed to parse through the rules.

"I mean, I think if this had been a process that had been out there longer we might be at a point of greater consensus today," he said. "It would make more sense to me to say, try to get [the rules] done this week."

Jones said the borrowing authorization bill House leaders want to vote on Thursday could wait until next week. - Chris Van Buskirk/SHNS | 4/29/20 10:55 AM


State House News Service
Wednesday, April 29, 2020 @ 12:34 PM
Republicans Pressing for Emergency Rules Changes
By Chris Van Buskirk


[Coverage Developing] House Republicans attended Wednesday's informal session in larger numbers than usual as that branch weighs a temporary emergency order allowing for remote, formal sessions (H 4676), and Democrats put the session into a recess.

House Minority Leader Brad Jones filed an amendment requiring the emergency rules to lapse after the enactment of H 4593, a Gov. Charlie Baker bill that would enable the Treasury to borrow an unspecified amount this fiscal year and pay it back by the end of the next fiscal year.

While it appears Republicans might win a standing vote on the amendment, Jones said he does not think Democrats want to move forward with the change.

The North Reading Republican said he also floated another idea about creating a time reserve that could be allocated to people during debates.

"We'll wait to see if there is any willingness to move," he told the News Service. "Quite frankly, I was just talking to the chair of the rules committee about my idea on the [time reserve] and I've talked to some of my members, and I think if we can work on something, that we could get a resolution to this today."

At least eight Republican lawmakers were in the chamber for Wednesday morning's session. - Chris Van Buskirk/SHNS | 4/29/20 12:34 PM


State House News Service
Wednesday, April 29, 2020
House Dems Back Away From Recorded Vote Change
Critical Borrowing Bill on Thursday Agenda
By Michael P. Norton

After it drew objections, Massachusetts House leaders retreated Tuesday from a plan to raise the threshold required for recorded votes during remote, formal sessions that they hope to begin holding Thursday to process important bills during the COVID-19 pandemic.

With certain bills requiring recorded roll call votes, such as critical borrowing legislation tied to impacts from the unfolding pandemic, the House is set on Wednesday to consider a package of 20 temporary emergency rules. If adopted, the House then plans to launch a rare experiment: holding formal sessions during which representatives would be allowed to participate by using their phones instead of actually attending sessions at the largely closed State House.

The House has 158 members, and a small number of them, representing the leadership of both major parties, will attempt to orchestrate these livestreamed sessions from within the chamber, while wearing masks, social distancing, and listening to remote remarks that will be amplified on the PA system. It's a stark departure from decades of deliberations that have largely turned on face-to-face conversations, and an untested process that no one is sure about.

During a teleconference caucus Tuesday, House Democrats discussed a draft plan that would have raised the threshold to secure a roll call vote from 10 to 25 percent, or roughly 15 members to 40 members, depending on the number of representatives participating. House Minority Leader Brad Jones called that a "big problem" and Rep. Mike Connolly of Cambridge also objected.

Later, after the caucus, House Speaker Robert DeLeo issued a statement saying that House members had "expressed their preference for the current threshold for roll call votes – understanding it could potentially slow down the process."

DeLeo said the higher threshold had been included "out of consideration for those Members and staff who would be required to be physically in the House Chamber." An official explained he was referring to potential impacts from lengthy pandemic sessions while experimenting with an entirely new process.

"We believe that these updated emergency rules and procedures will enable us to pass legislation essential to the preservation of public health, safety, and convenience as we confront this crisis," DeLeo said.

Connolly called remote sessions a "remarkable and unprecedented step and totally necessary in response to this ongoing public health emergency" and said that such sessions "should allow us to continue working to address the many challenges and hardships our constituents are now facing."

Meeting without a quorum, the House and Senate have passed important bills responding to pandemic impacts on voice votes and with the unanimous consent of the few lawmakers who attend sessions. But borrowing bills, land takings and veto overrides are among the measures that require the kind of recorded, roll call votes only permitted during formal sessions, and the emergency rules could facilitate more legislative activity.

Budget Challenges

The bill House leaders want to take up in the first remote session Thursday is a House Ways and Means report on legislation (H 4593) filed by Gov. Charlie Baker to enable the Treasury to borrow an unspecified amount this fiscal year and pay it back by the end of next fiscal year.

House leaders opted against holding a public hearing on the bill, so public discussion of the bill has been limited. It's unclear how much of the borrowing is tied to impacts of postponing the annual tax-filing deadline from April 15 to July 15 and to what extent policymakers are depending on borrowing to plug a big hole in the fiscal 2020 state budget revenue base created by forced economic shutdowns that are now scheduled to run until at least May 18.

In his filing letter to lawmakers, Baker said the emergency bill's passage is needed "to protect the state's budgetary and cash balances during a public health emergency." An administration aide, asked about fiscal 2020 budget balancing plans, referenced the borrowing bill and federal pandemic relief aid.

Baker announced plans to shift the tax-filing deadline on March 27, after many people had already filed but before the traditional pre-deadline rush.

House and Senate Democrats seven weeks into the state of emergency have not outlined a budget proposal for fiscal 2021, which begins in two months. A senior state education official told the Board of Education on Tuesday that he was aware of informal talks about the branches joining together on a joint budget plan, though it's unclear if that will occur. The emergency rules require the House Ways and Means Committee to report an annual budget bill by July 1, 2020.

Economists told lawmakers this month that state tax revenues, a major source of aid to cities and towns, may run more than $4 billion below projections in fiscal 2021, which begins July 1. Massachusetts Taxpayers Foundation President Eileen McAnneny forecast "unprecedented strain" on the state budget.

State tax collections for the first half of April in Massachusetts totaled $877 million, down $293 million or 25 percent compared to the same period last year. The state's full-month receipts in April 2019 totaled $4.323 billion, and the big current question is how far tax receipts will fall this month, and over the last three full months of fiscal 2020.

The state has $3.5 billion saved up in its savings account, and Senate President Karen Spilka said Tuesday that she's hopeful that the state can get through the final two months of fiscal 2020 without tapping those reserves or making cuts to spending. By "making some changes and using Medicaid funds," the former Ways and Means chairwoman said, state budget officials may be able to wait until fiscal 2021 to start using the reserve money.

Local Aid Levels Unknown

This is a time of year when local government officials usually have a good understanding of expected state aid and are working to finalize local budgets, which pay for schools, police and firefighting. A special new law gives municipalities budgeting flexibility, but local aid levels remain a big unknown.

The federal government has steered substantial new funding to state and local governments in the $2.2 trillion CARES Act, and there's a push in Congress for additional aid to states hit hard by the pandemic and struggling with cratering tax bases.

Without significant federal relief, the state and its cities and towns may face a crushing financial blow, Geoff Beckwith, president of the Massachusetts Municipal Association, told the News Service. "There's no local official that's seen anything like this in their lifetime," he said.

Another federal stimulus bill this year is the "last best hope" to throw a lifeline to government operations in Massachusetts, said Beckwith, who noted mayors and governors from across the country are pleading for Washington to act, with the National Governors Association seeking a $500 billion package.

"We would want that to be used to protect local aid," Beckwith said, warning against budget cuts that could damage progress in public education or hinder the capabilities of first responders. "We're very hopeful that the federal government will step in." The $3.5 billion in state savings "can be a shock absorber," he said, "but the magnitude of the problem looks to be almost twice as large as the stabilization fund."

McAnneny, of the business-backed taxpayers foundation, says the CARES Act is "insufficient to mitigate the economic impacts of the pandemic." In her testimony earlier this month, McAnneny highlighted the role that federal funds can play by pointing the $7.4 billion in American Recovery and Reinvestment Act funds that the federal government delivered to Massachusetts between fiscal 2009 and fiscal 2013 after the Great Recession.


State House News Service
Wednesday, April 29, 2020
Pandemic Rules Trigger Fight in Mass. House
DeLeo Says GOP Action Put Reps, Staff at Risk
By Chris Van Buskirk


An attempt by House Democrats to push through emergency rules allowing for remote formal sessions stalled out after Republican action ended Wednesday's House session -- a move that drew a strong rebuke from the House speaker and an equally strong rebuttal from the House GOP leader.

House Minority Leader Brad Jones' move derailed House Speaker Robert DeLeo's plans to hold a remote formal session on Thursday to advance a Gov. Charlie Baker borrowing bill to tide the state through pandemic-related revenue shortfalls. After disagreements reached a tipping point, Jones objected and ended the session for the day by doubting the presence of a quorum, which was not present in the House.

"It was an inability to reach a further consensus on some modifications to the order and a continuing concern with a part of my members that the order took too much away from their ability to debate," Jones said, explaining why he ended the session.

The bill House leaders wanted to take up on Thursday is a House Ways and Means report on legislation (H 4593) that allows the Treasury to borrow an unspecified amount this fiscal year and pay it back by the end of the next fiscal year. Baker previously said the legislation is needed "to protect the state's budgetary and cash balances during a public health emergency."

After Wednesday's session ended, DeLeo said Jones' action could "imperil the state's cash flow, require cuts to services for vulnerable populations during a public health crisis, and harm the state's bond rating, which will only add to the future cost of borrowing."

"Today, Republicans blocked a set of emergency procedures aimed at allowing the House to hold formal sessions while keeping members, staff, and the public safe during the COVID-19 pandemic," DeLeo said in a statement, adding that Baker "has told leaders of both parties that it is time sensitive and critical to the state's finances."

Rep. Paul Donato (D-Medford) chaired Wednesday's session and said he was "bewildered" that Republicans blocked the rules from moving forward. Donato said lawmakers will meet again on Thursday to consider the rules.

Rules Committee Chairman William Galvin sent a first draft of the proposed temporary emergency rules to members Monday for consideration and both parties held caucuses Tuesday afternoon. Democrats and Republicans alike raised concerns with a 25 percent threshold to secure a roll call vote and proposed limits on debate. House Democrats eventually backed away from the plan to raise the roll call requirement, leaving it at the 10 percent required under current House rules.

DeLeo, in his statement on Wednesday, said the Baker administration and Jones were briefed extensively on the rules changes and said several of the House Republicans' recommendations were incorporated.

"This is an unparalleled example of both recklessness and fiscal irresponsibility; a partisan political move meant to enhance their power at the expense of the taxpayer and the safety of the public," DeLeo said.

After the session, Jones said he could only point to one change in the order specifically geared towards his requests: allowing both the House speaker and minority leader to have a staff member present on the chamber floor.

Jones repeatedly told the News Service on Wednesday that he might block the bill if House leadership did not address his caucus' concerns regarding the limit on how many times a member can be recognized, a 10 a.m. deadline to sign up to debate, and the inability for members to know how long a recess, or break, might last.

In an attempt to limit the duration of the emergency rules, Jones filed an amendment that would add a sunset clause rendering the emergency rules moot after the House enacted the borrowing bill.

"We'll even take your crappy order that you're ramming down people's throats and we'll get that bill done. And then we'll come back and we'll use that interim time to try to see if we can each come to consensus," Jones told reporters on Wednesday, explaining his logic. "They decided against that."

Prior to taking up the Jones amendment, House Democrats started to amass in the chamber during an extended recess after Republican members had started to gather. At one point in the session, a News Service reporter counted around 24 House members in the Chamber, a majority of them Democrats.

"The Republican action today, which forced us to call in Members to the Chamber, is in direct conflict with the Baker Administration's guidance on physical distancing and puts at risk House Members, staff, and the public at large," DeLeo said.

Late Wednesday, Jones issued a lengthy statement calling DeLeo's comments "untruthful" and alleging that the emergency rules "seem to be about placing more power into the hands of the Speaker's office."

"I am shocked and disappointed at the Speaker's overreaction to what transpired at today's session, and want to vigorously refute any suggestion that the Republican caucus is in any way jeopardizing the state's finances or putting people's health and safety at risk," Jones said. "The safety of staff and members is of paramount importance to me. I worked directly with members of the Speaker's Leadership team and we were very close today to reaching an agreement to allow for remote voting. I at no time took action that should have derailed that progress. We all have a job to do as elected officials but that should not require accountability and transparency to suffer more than it already has under this pandemic."

Jones also suggested new rules were not even necessary to send the borrowing bill to the Senate Wednesday.

"The Speaker chose to prioritize the rules proposal over consideration of the bill, which we could easily and without opposition have engrossed and sent to the Senate today while trying to hammer out a longer term, more balanced order," he wrote.

While the only action on the rules during Wednesday's informal session revolved around the sunset amendment, much of the concern felt by the Republican caucus stems from the debate outline laid out in the emergency rules.

The House rejected the sunset amendment but Democrats said that vote was voided after Jones's motion doubting the presence of a quorum ended Wednesday's session.

Rep. David Vieira (R-Falmouth) said a "reasonable compromise" would be to allocate a period of time to the speaker and minority leader and allow them to yield time to their members to debate.

"The difficult part is making sure the emergency rules preserve the rights of Members of the House, which in turn preserve the rights of the 43,000+ constituents we represent," Vieira wrote in a Facebook post.


State House News Service
Thursday, April 30, 2020
House Leaders Take Partisan Impasse on Rules Into Weekend
Borrow Bill on Hold Amid Quarrel Over Remote Sessions
By Chris Van Buskirk and Michael P. Norton


House Democrats and Republicans met for more than five hours but were unable Thursday to compromise on emergency rules or pass legislation authorizing short-term borrowing to ensure that government services are funded during the COVID-19 pandemic.

The House gaveled in at 10 a.m. and more than five hours later rejected, for the second straight day, a Republican proposal that would sunset rules allowing members to participate in sessions remotely after consideration of the borrowing bill. House Democrats want to put the temporary rules in place throughout the state of emergency, or for the rest of the year.

Earlier in the session, Rep. Sean Garballey, an Arlington Democrat, objected to an attempt by House Minority Leader Brad Jones to take up the borrowing bill proposed by Gov. Charlie Baker and return to the disputed rules later. Republican Rep. David Vieira said it was a "real shame" the bill was not allowed to advance.

House Speaker Robert DeLeo hoped the full House would hold its first remote session on Thursday, but has run into trouble coming up with a rules plan that Republicans will let pass during an informal session when any one member is able to stop any bill or bring a session to an end by doubting the presence of a quorum, as Jones did on Wednesday, and again on Thursday.

Republicans have suggested passing the borrowing bill on to the Senate during an informal session to give the legislation some momentum while work continues on internal House rules. House Democrats appear intent on passing the rules first.

Ultimately, the borrowing bill will need roll call votes in each branch. The House is not currently set up to do that but Senate leaders think they will be able to do so soon, while they work on plans to resume formal sessions sometime in June.

The borrowing bill is intended to safeguard the state's cash flow, but Baker administration and state Treasury officials have not said whether there is any deadline for passage of the bill, or consequences for not passing it.

There were about three dozen people in the House Thursday, well above the 10-person limit called for in Gov. Baker's order aimed at stemming the spread of COVID-19.

Jones said he is not encouraging his caucus to attend informal sessions and recognizes Baker's limit on gatherings, from which the Legislature is exempt.

"I specifically told my members I'm not requesting that they come in. They are free to come in or not come in," Jones said. "I appreciate Gov. Baker's order in people gatherings over 10 but last time I went to the grocery store ... there was a lot more than 10 people."

Assistant Majority Leader Joseph Wagner of Chicopee watched Thursday's House session online and said he views the emergency rules proposed by Democratic leadership as fair to all members, including House Republicans.

"I think it's a little frustrating at this point. I thought it would be resolved today," Wagner said.

The Chicopee Democrat allowed that the proposed rules structure of having people sign up to debate and getting only one chance to speak would be more limiting than during normal times, but he said "these are uncharted waters and unprecedented times."

"There necessarily has to be guidelines that provide more structure than might otherwise be the case, but they apply equally to every member," he said.

Wagner said he wasn't sure how a Rep. Jones proposal to give the speaker and minority leader each a block of speaking time to yield to members of their caucuses would be fair.

"Their agenda, which serves a minority number of members, disadvantages the majority and on that basis it doesn't make a lot of sense. Why should somebody who represents 40,000 people in Plymouth gain an advantage over someone representing a similar number of people in Chicopee?"

After the session, Jones expressed optimism about negotiations. Thursday's conversations were a "helpful back and forth that I hope will continue tomorrow and over the weekend to allow us to get to a place that we can move forward on the order."

"Obviously, it's the clear preference of the leadership that we get the order done first," Jones told the News Service. "That being said, there were some helpful, and I'll even go as far as to say hopeful, discussions about maybe some modifications to the order that might lead us to a consensus that people can live with or tolerate, even if they don't necessarily completely like it."

Second Assistant Majority Leader Rep. Paul Donato said negotiations "were very close" and hopes that House Speaker Robert DeLeo and Jones might come to an agreement in the next few days. "We're ready to start the formal session as soon as we can get this out of the way," Donato told reporters.

The House and Senate both plan to meet again on Monday.

Matt Murphy contributed reporting


State House News Service
Friday, May 1, 2020
DeLeo Considering Calling Members Back to Pass Rules
By Matt Murphy


House Speaker Robert DeLeo is making preparations to call Democrats back to Beacon Hill to pass a package of emergency rules over the objection of Republican lawmakers in what would be a last-resort measure to force through the changes needed to allow members to vote on legislation remotely, a House source familiar with the planning told the News Service.

House Minority Leader Brad Jones twice this week blocked the rules package from advancing, raising minority party concerns over the new process that would be used during the COVID-19 pandemic for debating legislation that requires roll call votes, including the annual state budget.

Jones said Thursday evening that there had been a "helpful back and forth" with Democratic leadership that he hoped would continue into the weekend, but DeLeo is making sure he is prepared in the event that is not the case.

The House has an informal session scheduled for Monday when leaders will try again to pass the new rules with a limited number of members present.

"If that fails, the speaker is preparing to look at a formal session to approve the rules package, consistent with public health and social distancing," the source said Friday.

Evidence that the speaker might be serious and trying to send a message to House Republicans was evident Friday on the marble floors of the State House.

Tape markings had been laid out on the floors outside the chamber six feet apart to inform proper social distancing etiquette. The tape marks snaked from the entrance to the House chamber, down the third-floor hallway toward the governor's office, and down the large marble staircase to Nurse's Hall.


State House News Service
Thursday, April 30, 2020
Senate Eyes Return to Formal Sessions in June
Creem: Branch Has Options to Pass Borrowing Bill
By Matt Murphy


With the House scrambling this week to put in place emergency rules for remote voting, Senate leaders say they have a short-term plan to pass a borrowing authorization bill filed by Gov. Charlie Baker, but will take their time putting together a more complete plan for formal sessions.

Senate Majority Leader Cynthia Creem will lead a bipartisan group of seven senators to craft a plan that would allow the Senate to begin holding formal sessions, with recorded roll call votes, by early June.

In the meantime, Creem told the News Service that Senate President Karen Spilka devised a plan to pass the governor's borrowing bill, which requires a roll call vote, as soon as it clears the House. The plan would allow for three options for senators to cast a vote, including in person or by proxy through another senator.

"That is for that particular vote. But then we anticipate going into a different mode," Creem said.

Baker filed the borrowing bill (H 4593) in late March to authorize Treasurer Deb Goldberg to borrow money as a bridge to July to ensure that as a result of the decision to postpone the income tax filing deadline from April 15 to July 15 that the state had sufficient cash on hand to meet its obligations.

The House had hoped to pass the bill on Thursday, but leaders so far have been unable to push through a broader package of rules to allow members to vote without coming into the chamber. House Republicans on Wednesday blocked the rules over concerns about the process for debating future bills, and Democrats rejected a Republican amendment that would have allowed just the borrowing bill to pass for now.

If and when the House passes the bill, Creem said the Senate will be ready and has already talked the process through with Minority Leader Bruce Tarr.

"We need to take that up very soon after the House does," Creem said.

For senators who wish to vote in person, Creem said they will be allowed to enter the chamber one at a time and wearing a mask to cast their vote.

The second option would be for senators to remain in their offices and have a court officer verify their presence and record their vote. This is a process that has been used for senators who are ill or pregnant, and will require a change in the Senate's rules to extend it to the current coronavirus emergency.

The third option for senators who don't wish to come to the State House at all will be to vote by proxy through another senator. To use this option, a senator would send a letter to the clerk indicating how they would like to vote, and a senator who is physically present in the chamber would announce that vote during the roll call.

Figuring out how to conduct formal sessions in the future, however, will take some more time, Creem said.

Spilka tapped Creem to lead a working group to develop a process for voting, admitting amendments and other procedures taken for granted when all senators, staff and clerks can be in the same room. Creem will be joined by Sens. Brendan Crighton of Lynn, Sal DiDomenico of Everett, Patricia Jehlen of Somerville, Joan Lovely of Salem, James Welch of Springfield and Tarr of Gloucester.

Creem said the committee represents diversity in age, sex and geography, as well as health considerations.

"We're worried about the staff as well as senators so we have to be sure the Senate is operating in a safe and secure way," Creem said. "It may be remotely. It may be partly remote. I don't have an opinion."

One thing that might have to go, Creem said, are late-night sessions, because members who live far away aren't going be staying in Boston hotels.

"There's lots and lots to think about, what's right and safe for everybody. We have to do the right thing, and we can't say one thing and do something different like the vice president who didn't wear a mask," Creem said, referring to Vice President Mike Pence.

Creem said she reached out to the committee members Wednesday to set up an initial Zoom call to start the discussion later this week or early next week.

The timeline for final recommendations, she said, would depend in part on whether Baker starts to relax some of the social distancing guidelines and business closures after May 18.

"Our expectation is that we could start these formal sessions the beginning of June," Creem said.

The Newton Democrat said she was unaware of any other bills Democrats were looking to pass that had opposition, but said if something came up another one-time solution could be used. The Legislature has managed to pass some legislation informally, including an eviction and foreclosure moratorium that required a conference committee.


State House News Service
Thursday, April 30, 2020
Nearly Quarter of Labor Force Has Filed Jobless Claims
70,000 New Weekly Claims Filed in Massachusetts
By Chris Lisinski


Nearly 900,000 Massachusetts workers, representing almost a quarter of the state's entire labor force, have filed new claims for unemployment benefits since mid-March as the COVID-19 pandemic and the widespread shutdowns it prompted continue to exert an economic toll.

Labor officials on Thursday reported 3.8 million initial standard unemployment insurance claims submitted nationwide between April 19 and April 25 and more than 70,000 in Massachusetts, the sixth straight week of elevated demand. Service industries such as restaurants and hotels have been hit particularly hard.

Over the past six weeks with the outbreak in full force, more than 30 million Americans have filed new applications for jobless aid in a historic surge. Massachusetts recorded more than 720,000 initial claims for unemployment insurance in the same span.

The state is also more than a week into offering aid to a range of applicants, including gig workers and the self-employed, who did not qualify for benefits until Congress expanded eligibility in the so-called CARES Act last month.

From April 19 to April 25, the Baker administration received 171,598 claims for that program, known as Pandemic Unemployment Assistance, the state Executive Office of Labor and Workforce Development said in a Thursday press release.

The office had said last week that it received more than 200,000 applications in the first three days. A spokesman could not be reached to clarify the difference between applications reported last week and claims reported in Thursday's update.

Many laid off workers are waiting to see when the government will begin easing restrictions that have left non-essential workplaces unable to open their doors to employees, customers or the public. The timing hinges on the success of efforts to bring the ongoing public health crisis under control.

Between unemployment insurance and the expanded PUA program, Massachusetts received 893,607 new claims between March 15 and April 25, the administration said.

Those new claims alone are about 24 percent of the state's adjusted labor force as counted in March, which totaled 3,740,600 workers, according to state data.

Combined with the roughly 2.9 percent seasonally adjusted unemployment rate observed before the start of the outbreak, some experts such as the Pioneer Institute's Greg Sullivan have projected that roughly one in four Massachusetts workers are now out of jobs.

Ongoing claims, which refer to those who seek continuing weeks of benefits, totaled 527,538 in Massachusetts last week, a roughly 14 percent increase over the previous week.

Industries most vulnerable to the economic cliff-plunge have been restaurants, hospitality and retail, according to state data. Among the more than half million workers who sought ongoing benefits last week, the Baker administration reported that 93,168 were in food and accommodation, 69,333 were in retail trade and 66,202 were in health and social assistance.

Worker Adjustment and Retraining (WARN) Act reports, which employers must file if they close facilities or units affecting at least 50 employees or either lay off or cut hours for a significant enough part of their workforce, offer an anecdotal snapshot supporting that trend. Many of the WARN reports filed with the state in last week's updatee came from restaurants such as Friendly's or other tourism-related businesses.

Four Boston hotels -- The Ritz-Carlton Boston, InterContinental Hotel Boston, Westin Boston Waterfront and the operator of the Boston Park Plaza Hotel -- each reported layoffs some time in the past six weeks affecting 200 or more employees.

The largest total in the most recent WARN update was from Boston University, which listed 1,633 employees affected by layoffs between March 17 and April 7. Colin Riley, a spokesman for the university, told the News Service that the report referred only to student workers in jobs at the school.

"They are all students who held part-time positions at the university," Riley said. "These were positions where the students were unable to work remotely."

All were given two weeks' pay ahead of their layoffs, Riley said, while those in federal work-study programs will continue to receive paychecks through the end of the semester. He added that there have been no layoffs of full-time BU faculty.

The state Department of Unemployment Assistance is paying standard benefits to about 450,000 people and PUA assistance to about 150,000 as of Thursday. Since March 15, the office said in its press release, it has paid more than $2.3 billion out to almost 700,000 total claimants across both programs.

Weekly benefits max out at $823. Massachusetts is responsible for standard unemployment insurance using premiums paid by employers, while the federal government will reimburse the costs of both PUA benefits and the additional $600 per week all recipients get as part of the so-called CARES Act.

The record level of need has dented the state's trust fund used to pay out support. On March 1, the Massachusetts unemployment insurance trust fund had a balance of about $1.63 billion, and that was down more than half to $748 million on April 16, according to U.S. Treasury Data.

Gov. Charlie Baker sought a $1.2 billion loan from the federal government in early April, writing that he believes Massachusetts will need injections of $900 million to cover costs in May and $300 million for June.


State House News Service
Thursday, April 30, 2020
Accord Clears Way for E-Signatures on Ballot Questions
Judge Lenks Spells Out Rules in New Judgment
By Chris Lisinski


Ballot question campaigns will be able to collect the 13,000-plus signatures they need over the coming weeks electronically under a new court judgment agreed to by Secretary of State William Galvin.

In a resolution partly mirroring relief already granted to legislative and Congressional candidates, the Supreme Judicial Court issued judgment late Wednesday allowing proponents of four initiative petitions to solicit digital signatures rather than pen-on-paper versions to limit COVID-19 transmission risks.

All four campaigns and Galvin agreed to the resolution by the deadline the court set, averting a full hearing.

The judgment, reached on Wednesday and acquired by the News Service, extends e-signature permission the state's highest court on April 17 gave candidates for office to the four initiative petitions still in the running to make November's ballot.

Backers of the proposed laws -- authorizing ranked-choice voting, increasing nursing home funding, allowing beer and wine sales at food stores, and increasing access to automobile telematic repair data -- will be allowed to post PDF files of signature-gathering forms online for distribution, under the judgment written by Justice Barbara Lenk.

Voters who wish to place the questions on the statewide general election ballot can print the form and sign it by hand, then mail or email it back to the campaigns, or they can apply an electronic signature directly. E-signatures cannot be typed under the court's order.

Interested parties cannot be required to submit personal information beyond their name, address and municipality to access the digital forms, and any third-party electronic signature providers used cannot retain any personal information of voters.

While the previous Goldstein decision slashed the signature-gathering threshold for many candidates by 50 percent, ballot question campaigns will still need to collect the full 13,347 signatures required and submit them to local election officials by June 17 and to Galvin's office by July 1.

The campaigns hoping to put proposed laws before voters in November filed an emergency petition with the state's highest court on Monday seeking assistance. At the time, they said the secretary had been engaged in talks about relief but that the time-sensitive nature of the problem warranted immediate action.

According to the initiative petition process laid out in the state constitution, the proposals are pending in the Legislature until May 5, where the branches can take them up to avoid a ballot question.

If lawmakers do not act, which appears to be the likeliest outcome, campaigns must collect more signatures to place the topics before voters.

Attorneys for the proposals described the situation they face amid the pandemic as a "Catch-22" in their original filing.

"Either (they) risk their health and the health of voters to satisfy unjustifiable and unachievable ballot restrictions and participate in democracy or protect their health and give up their fundamental right to access the ballot," they wrote.


State House News Service
Wednesday, April 29, 2020
Immigrant Stimulus Check Bills Draw Support
Immigrants with Tax ID Numbers Would Qualify
By Katie Lannan


State stimulus checks would flow to certain immigrant taxpayers who are ineligible for similar payments through a federal program, under bills recently filed in the Massachusetts House and Senate.

Filed by Sen. Jamie Eldridge and Rep. Christine Barber, the bills would direct the state Department of Revenue to issue stimulus checks -- $1,200 for an individual, plus more for dependent children and subject to reductions over set income thresholds -- to people who paid Massachusetts taxes in 2019 using Individual Taxpayer Identification Numbers, and were ineligible for similar federal rebates under the Coronavirus Aid, Relief, and Economic Security relief package.

The Internal Revenue Service assigns Individual Taxpayer Identification Numbers (ITIN) to people who are required to pay taxes but are not eligible for Social Security numbers, including some who do not have lawful immigration status in the U.S.

Eldridge, an Acton Democrat, said towns he represents like Marlborough, Hudson and Maynard have large immigrant communities, and that he'd heard from undocumented constituents who have lost work during the COVID-19 pandemic but aren't eligible for unemployment or public benefits and did not receive federal stimulus payments.

He called the legislation "really an issue of fairness."

"There's always discussion around undocumented immigrants and are they paying taxes," Eldridge told the News Service. "They all pay the taxes that consumers do, but in particular, these individuals, they would have had to file with an ITIN number, a number they can request from the IRS if they don't have a Social Security number. Most do not have legal immigration status, but they've been paying taxes for years in hopes of immigration reform."

The Massachusetts Budget and Policy Center pegged the cost of providing cash benefits to ITIN filers, in an amount equal to the federal stimulus they'd receive if eligible, at $58 million. An estimated 57,000 Massachusetts residents live in households with an ITIN filer, according to the center.

Barber, in a recent Somerville Media Center interview, said she filed the bill to help "that group of immigrants who have been working, who have paid into the system, but haven't been able to get the assistance that they really need as well."

She said California created a similar program to provide payments for immigrants ineligible for the federal stimulus.

"The way we can find them and connect with them, similar to the stimulus payment, is through their ITIN number, because they have paid taxes so we have a record of them in the tax system," she said. "It would be just a subset of immigrants but it is people who are paying taxes and who are in our community."

Eldridge said the legislation would also benefit "mixed status families," where one spouse is a U.S. citizen but the other does not have a Social Security number.

"I talk regularly to food pantries in the district, and they're definitely seeing an increased need, and some of that need is coming from immigrant families that have often had non-traditional jobs because of their legal status," he said. "It's a particular crisis within a lot of immigrant communities, but it's kind of a silent crisis."

Eldridge's bill (S 2659) also includes language requiring the Executive Office of Administration and Finance to "distribute $10 million to organizations serving immigrants within 90 days." His bill is now before the Joint Committee on Revenue for review.

Barber's bill (HD 5036), which has 41 cosponsors, was referred to the House Rules Committee on April 27.

Since Gov. Charlie Baker declared a state of emergency on March 10 and social distancing became the norm, the House and Senate have been meeting in only informal sessions, where bills need the consent of all lawmakers present to advance. The House plans to begin holding remote formal sessions later this week if it is able to finalize rules permitting members to call in rather than being physically present in the chamber.

Immigrant advocates have been pressing legislators this session to take action on their priority bills, including proposals that would make driver's licenses available to undocumented immigrants and that would restrict state and local cooperation with federal immigration enforcement. Despite the advocacy, Democratic legislative leaders have not brought the bills to the floor for a vote in either branch.

Eldridge is the Senate sponsor of the immigration enforcement bill, which supporters refer to as the Safe Communities Act. The lead House sponsors of that bill, Reps. Ruth Balser and Liz Miranda, were the first of 25 lawmakers to sign on to Eldridge's stimulus bill.

In February, when legislative committees faced a deadline to report out most bills, the Public Safety and Homeland Security Committee gave itself until May 1 -- this Friday -- to make a decision on the immigration enforcement bill.

With pandemic-related matters now taking up most of the Legislature's attention, some committees have been filing additional extension orders to give themselves more time on already-extended bills.

"Clearly sort of bigger policy issues on every front are not happening now, whether it's climate change or reproductive rights or immigration policy," Eldridge said. "I would like us to start taking up those bills as well, but obviously right now, with passing bills in informal session, sometimes it can limit what we can pass."


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