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CLT UPDATE
Monday, May 24, 2021

State Funds Skyrocket By Billions But No Relief For Businesses


Jump directly to CLT's Commentary on the News


Most Relevant News Excerpts
(Full news reports follow Commentary)

A supplemental budget filed by Gov. Charlie Baker offers a glimpse at the eye-popping cost of the coronavirus pandemic in Massachusetts.

Coronavirus spending makes up 70% of the $273 million supplemental spending plan for the current fiscal year filed on Tuesday.

“These recommendations include $191 million to authorize spending certain federal funds made available through COVID-related federal legislation, a $0 net cost to the Commonwealth,” the governor wrote in a Tuesday memo to lawmakers.

The federal monies to be spent in Baker’s 69-page spending proposal come from Donald Trump-era relief bills that ushered roughly $70 billion in federal aid into the state[s].

State Rep. Dan Hunt, D-Dorchester, who heads the House Committee on Federal Stimulus and Census Oversight, said he expects collaboration between the Legislature and the Baker administration on how the state will spend the $5.3 billion awarded to Massachusetts from President Biden’s American Rescue plan.

Hunt and his team are “pouring through” the 700-page bill and its accompanying 160 pages of guidance, the Dorchester Democrat said.

“It seems like we are going to have some broad latitude to spend this once-in-a-generation funding,” Hunt said.

Hunt’s committee was created this session by first-term House Speaker Ronald Mariano, who has signaled his desire for the Legislature to take a greater oversight role in the spending of billions of relief dollars flowing into the state.

The Boston Herald
Tuesday, May 18, 2021
Eye-popping cost of coronavirus pandemic laid bare in supplemental budget


The House approved a proposal Tuesday that aims to relieve employers this spring from major unexpected unemployment system costs, while punting the decision on whether to deploy one-time federal funds to address a benefits system that sagged under the weight of pandemic unemployment.

In a move that business groups described as a solid first step, representatives voted 157-0 to shuffle the distribution of unemployment claims costs so that they can be covered over two decades of borrowing and so businesses will not be in line for huge bills in the short term....

The legislation (H 3702) addressing a spike in solvency rate assessments on businesses aims to achieve the same goal as an unemployment system stabilization bill Baker signed on April 1, before it became apparent that the original pass failed to fully prevent business cost spikes tied to unprecedented pandemic job losses....

Many businesses were blindsided when they opened their first-quarter unemployment contribution bills and found the solvency assessment rate had jumped from 0.58 percent in 2020 to 9.23 percent in 2021, raising costs in many cases by hundreds or thousands of dollars.

Under the legislation approved Tuesday, the state would shift all COVID-related unemployment claims from the solvency fund into a new COVID claims fund and the solvency fund would revert to its original function. Lawmakers already authorized $7 billion in bonding over 20 years as part of the original unemployment stabilization bill Baker signed, so the state would borrow to cover the newly created account.

Employers, who fund the state's jobless aid system, will still be on the hook in the long term, and a COVID-related assessment on businesses will kick into effect for 2021 and 2022....

Business leaders and some lawmakers have pushed to use some of the billions of dollars Massachusetts will receive from the American Rescue Plan to replenish the unemployment insurance trust fund after a historic spike in job losses during last year's mandatory economic shutdowns.

States are empowered to use the relief money to restore unemployment funds under federal guidance, and some have already done so, but -- to the chagrin of several business leaders -- the House opted not to pursue that option in its legislation Tuesday....

Industry groups offered mixed reviews of the bill, praising the relief it will bring in the coming weeks while calling for additional action to soften the burden businesses will need to carry over the next two decades.

"You could characterize this as a short-term solution. Some might characterize it as a long-term solution, but I think those that do that are not looking at the big picture," Retailers Association of Massachusetts President Jon Hurst told the News Service. "If anybody thinks this is the only solution, that would not be acceptable in employers' minds."

Hurst contested Cutler's description that the fix uses "our own resources," arguing that the costs over the next 20 years will still fall to current and future employers "for claims that were not their fault," brought on by government-ordered capacity limits and business closures. He urged Beacon Hill and Capitol Hill leaders to work together and direct taxpayer dollars to offset the costs, whether by using ARPA funding or a new package aimed specifically at unemployment trust funds.

"I'm not saying the entire $4.5 billion ARPA money or the entire trust fund deficit must be paid by state and federal government or socialized, or that employers can't pick up part of the tab, but it would be an absolute failure and we would be an outlier among other states if we expected employers to pay the entire bill for the COVID crisis," Hurst said.

Christopher Carlozzi, state director for the National Federation of Independent Businesses, said the plan unveiled Tuesday is "another step towards providing employers with immediate UI tax relief."

"We are thankful that it will help many employers avoid those astronomically high first quarter bills, however a long term solution will still be necessary," he said in a statement, adding that many job losses were a result of COVID restrictions. "The state must be required to use some of the billions in federal aid to help offset costs for business owners who, under this proposal, are still solely responsible for refilling the unemployment trust. Other states used federal CARES Act and ARPA money to refill depleted unemployment funds, Massachusetts should help struggling businesses by following their example."

State House News Service
Tuesday, May 18, 2021
House Plan Prevents Spike in Biz Unemployment Costs
High Claims Costs Will Be Spread Over 20 Years


House 157-0, Senate 40-0, approved and sent to Gov. Baker a bill that would provide qualified workers with up to five days of paid leave for COVID-related emergencies including workers who are sick with the virus, under a quarantine order, recovering from receiving a vaccine or caring for a family member ill with the virus.

The measure is also designed to relieve employers this spring from expensive unexpected unemployment system costs. Many businesses were shocked when they saw their first-quarter unemployment contribution bills and found the solvency assessment rate had jumped from 0.58 percent in 2020 to 9.23 percent in 2021, raising costs in many cases by hundreds or thousands of dollars.

Under the proposal, the state would shift all COVID-related unemployment claims from the solvency fund into a new COVID claims fund and the solvency fund would revert to its original function. Employers, who fund the state's jobless aid system, will still be on the hook in the long term, and a COVID-related assessment on businesses will kick into effect for 2021 and 2022....

“The unemployment benefits crisis was directly caused by Gov. Baker’s shutdown of the state’s economy and the Legislature’s failure to act,” said Chip Ford, executive director of Citizens for Limited Taxation. “The federal government provided relief with its American Rescue Plan Act (ARPA), but the House chose not to use those funds to mitigate the burden the state imposed on employers. It is unconscionable for the state to further abuse devastated businesses when federal funds have been made available to alleviate that pain.”

“This proposal is a good step to help provide employers immediate unemployment insurance tax relief, but it is not a long-term solution,” said National Federation of Independent Business's (NFIB) Massachusetts State Director Christopher Carlozzi. “The state forced businesses to close their doors and rollback operations resulting in widespread layoffs. Because of this, employers alone should not be left to shoulder the entire UI tax burden and policymakers must use some of the billions of dollars in federal aid to help replenish the UI trust fund like so many other states have done.”

“This legislation is an important stopgap step to prevent up to 1,600 percent immediate tax increases for Massachusetts employers,” said Jon Hurst, president of the Retailers Association of Massachusetts. “It will amortize the multi-billion-dollar COVID-related claims over 20 years, spreading out, but not eliminating the pain. Still there needs to be a shared responsibility with government to cover some of the UI Trust Fund debt. The orders, restrictions, messaging, emergency benefits and fraudulent claims were related to government actions, not that of employers. So there still needs to be a determination on how much of the federal relief dollars under either the CARES Act or ARPA will be the government’s responsibility for the debt of approximately $4 billion. Massachusetts will be receiving $4.5 billion under the ARPA. Most other states have used federal COVID relief dollars to reduce the overall UI tax hit for their employers, and Massachusetts must support their small businesses and employers in a similar way.”

Beacon Hill Roll Call
May 17-21, 2021
By Bob Katzen
COVID-19 Emergency Sick Leave And Unemployment Insurance Charges (H 3771)


Gov. Baker announced that effective June 15, 2021, the work search requirements will be reinstated for all regular Unemployment Insurance (UI) claimants. Massachusetts temporarily suspended these requirements in March 2020 when the pandemic began.

Under the reinstated regulations, claimants must attest each week that they are making at least three work-search activities and provide proof of that activity to the Department of Unemployment Assistance, if requested, in order to maintain eligibility for UI benefits. Examples of valid work-search activities include completing a job application in person or online with employers who reasonably may be expected to have an opening for suitable work; registering for work and reemployment services with a local Mass Hire Career Center; and using other job search activities, such as reviewing job listings on the internet, newspapers or professional journals, contacting professional associations and networking with colleagues or friends.

“This is very good news for everyone,” said Paul Craney executive director of the Massachusetts Fiscal Alliance. “Businesses, workers and customers all need to get back to normal and this is a good first step toward that. Businesses are having a hard time hiring workers because the unemployment benefits are so generous. Customers cannot enjoy their favorite businesses because these businesses are dealing with a shortage of workers.”

[SUBMITTED BY REQUEST OF BEACON HILL ROLL CALL BUT NOT PUBLISHED]:

"'As of April 2021, there were nearly 200,000 job-postings across Massachusetts, the highest that figure has ever been in history' tells it all," said Chip Ford, executive director of Citizens for Limited Taxation. "The state's multi-billion dollar unemployment benefits crisis has a solution: Get everyone back to work. This 'work search requirement’ is a good start, if belated. Get out of the way and let the economy fully reopen, recover, and flourish, return us to those pre-pandemic employment highs."

Beacon Hill Roll Call
May 17-21, 2021
By Bob Katzen
Unemployed Claimants Must Look For Work


Massachusetts Teachers Association Vice President Max Page opened up his testimony before the Higher Education Committee Tuesday by sharing his screen with lawmakers, displaying a photo of the fine arts center at UMass Amherst....

Page was one of several speakers to make the case to the committee that graduating without debt was once the norm for public college and university graduates and to ask the legislators to return to a model where students shouldered less of the cost burden.

"We're not inventing the utopian world of the future," he said. "We're simply going back to the future, in a way. We're trying to reclaim what we had." ...

Bills before the committee propose various approaches to helping students pay for college, including MTA-backed bills that would create a free-college grant program and that would steer $500 million in additional state dollars into public higher education over five years.

Referred to by its supporters as the Cherish Act, the $500 million bill would also freeze tuition and fees at public colleges and universities through fiscal 2026. It aims to bring per-student state funding for public higher education back to its 2001 level....

[Rep. Natalie Higgins] said the question she usually gets about the bill is how to pay for it, and pointed to another bill on the committee's docket for the day -- Sen. Adam Gomez's proposal (S 836) to impose a 2.5 percent excise tax on private higher education institutions with endowments over $1 billion. The revenue collected would be deposited into a new trust fund "used exclusively for the purposes of subsidizing the cost of higher education, early education and child care for lower-income and middle-class residents of the commonwealth."

A House version of that bill (H 2931), which Higgins filed, is before the Revenue Committee.

"There are 11 private higher ed institutions that have endowments over a billion dollars," she said. "If we just taxed above a billion dollars at two-and-a-half percent -- really just some of that interest that they're making -- we would raise $1.6 billion a year, not only for higher ed but also for early ed."

Higgins said half of that $1.6 billion could "wipe out tuition and fees across all 29 public colleges and universities in the commonwealth."

Rob McCarron, the senior vice president and general counsel for the Association of Independent Colleges and Universities in Massachusetts, spoke in opposition to the endowment tax plan.

He said it "would target the very institutions that have stepped up in such a big way to help the state respond to the COVID-19 pandemic," referencing efforts across higher education to pivot to remote learning, donate personal protective equipment, repurpose dorms to house first responders and create COVID-19 testing programs.

"Endowments and private philanthropy are essential to colleges and universities," McCarron said. "It is what allows them to maintain excellence in academic programs and research."

He said a "significant" portion of each endowment is restricted to purposes -- like specific research or academic programs -- designated by its donors, and that colleges and universities are legally obligated by those donor restrictions. The tax would "erode donor confidence," make fundraising more difficult, and "weaken the competitiveness" of the state's higher education sector, McCarron said.

State House News Service
Tuesday, May 18, 2021
Higher Ed Funding Bill Now Backed by At Least 90 Lawmakers
Movement to Shift College Cost Burden Grows


Massachusetts is getting so much money from the federal government with unique restrictions on how it is to be spent over the next several years that the Legislature should consider establishing a "separate para-budget process" for American Rescue Plan Act money, an analyst told a House committee Friday.

Between roughly $5.3 billion in state fiscal relief, another nearly $3.4 billion for local governments and other funding, the American Rescue Plan Act is poised to funnel more than $13 billion to the Bay State.

Generally speaking, the funds must be committed by the end of 2024 and spent by the end of 2026. That presents the state with some opportunities and challenges, Evan Horowitz, executive director of the Center for State Policy Analysis at Tufts University, said....

Horowitz suggested, the Legislature could benefit from putting ARPA spending decisions on their own annual or semi-annual cycle and establishing interim spending targets as the state works through what he called a "seismic fiscal event" that will involve more money than previous stimulus programs and spending guidelines that are far more flexible than those for the American Recovery and Reinvestment Act of 2009.

"The timeframes are different. The players are different in terms of who's coordinating the spending of money across different levels. The fungibility questions vary across timeframes," he said. Horowitz added, "We do often separate capital budgets from spending budgets, in general. And this isn't exactly capital spending, but it has the one-time structure that makes it right for a different kind of thought process for spending decisions and budgeting considerations."

Rep. John Barrett, the committee vice chair, liked the idea and told Horowtiz he thought it was "practical." ...

Friday's hearing also featured a presentation from Doug Howgate, the executive vice president of the Massachusetts Taxpayers Foundation, who detailed for lawmakers many of the do's and don'ts spelled out in the U.S. Treasury's recent guidelines on allowable uses of the latest round of federal relief funds.

He highlighted the fact that for some policy areas -- specifically housing, early education and economic supports -- Massachusetts will have three possible sources of funding: dedicated ARPA money, flexible ARPA money and the money that is usually appropriated through the state budget.

"How you coordinate those things and make sure it's part of a cohesive plan to maximize the benefit of those resources, that's going to be a challenge that really needs a thoughtful approach starting now about how we marry these fiscal recovery funds with the state budget with other resources," Howgate said....

Howgate also explained Friday that the state chunk of discretionary funding is now $5.3 billion, greater than the initial estimates of about $4.5 billion. He said Massachusetts is one of 21 states that will get its ARPA allocation as a lump sum -- other states will get 50 percent now and the remainder after one year....

Chairman Rep. Dan Hunt said Friday . . . "But as far where, mechanically, things will go and how they will go, that's going to be a conversation among leadership. So the speaker and the Senate president and the governor are going to have to get together and figure out a piece of legislation that will identify whether we do this in a short-term period, whether we identify priorities on the front end or lay out a plan for the five years. That's going to be a conversation that the Gang of Three has going forward." ...

In April, House Speaker Ron Mariano said lawmakers may deal with ARPA spending in June, after the annual state budget has been sent to a conference committee.

State House News Service
Friday, May 21, 2021
Fed Funds Infusion Creating Unique Multi-Year Challenge
Lawmakers Await First ARPA Proposal from Gov. Baker


Ironic, incongruous, inconceivable, or all of the above? The Massachusetts Department of Revenue recently announced that April collections were $385 million ahead of estimates. That should come as no surprise because collections outpaced projections by hundreds of millions of dollars each month this year.

In a great irony, on the same day that the DOR announced that April revenues put Massachusetts $3.4 billion ahead of this time last year, a union-backed lobbying group, Raise Up Massachusetts, kicked off a campaign to raise taxes by $2 billion annually.

Proponents of the self-styled Fair Share Amendment — commonly called the millionaires tax, which was originally proposed seven years ago — assert that more tax dollars are needed to cover additional state spending. But state budgets have long been rising at twice the rate of inflation, and in addition to spending increases, excess revenues have also swelled the critical rainy day fund to record levels.

It’s fair to call the claim that we need to raise more, even when we haven’t come close to spending what we have, incongruous.

What makes the play by the insatiable tax-and-spenders more inconceivable is that the state’s already overflowing coffers will soon receive billions from the federal government to make up for coronavirus pandemic-related budget gaps that never materialized, even in the face of statewide business shutdowns. The Commonwealth has already received billions of dollars from the federal government to “weather the storm,” a storm that has actually resulted in deposits into the rainy day fund.

State policy makers, anticipating the arrival of $4.5 billion in federal stimulus, are correctly asking what should be done next. Even in the face of a state budget that is overflowing with cash and will probably benefit from an economy that appears ready to bust out and generate surpluses as it did pre-pandemic, taxation proponents reply, “Let’s raise taxes!” ...

Already one of the most expensive states per household for state and local taxes, Massachusetts must consider the allure of low- and no-tax states. Making it an even more expensive state for businesses further increases the risk of business and employee relocations. Examples of this happening in other high-tax states abound — just ask California or Connecticut.

The Legislature would do well to focus on the most vital policy goal coming out of the pandemic — getting Massachusetts residents back to work. Massachusetts doesn’t need a job-killing tax scheme that was first hatched seven years ago; it needs policies that are responsive to today’s conditions and challenges, in which post-pandemic businesses and jobs compete with online shopping and opportunities to work remotely.

The Boston Globe
Wednesday, May 19, 2021
No going back to ‘Taxachusetts’
The state’s already overflowing coffers will soon receive billions from the federal government.
Instead of raising taxes, the focus should be on restoring jobs.

By Bill Weld, Karen Andreas, Peter Forman, and Rick Sullivan


More than a year after Gov. Charlie Baker first ordered Bay State residents to mask up to protect both themselves and others from a little understood virus sweeping the globe, the governor on Monday said if (and it's a BIG if) you are fully vaccinated, you can drop the face covering in time for the Memorial Day barbecue.

Baker was back from D.C. and clear-eyed about what the latest guidance on mask wearing and vaccine effectiveness from the Centers for Disease Control meant for the people and businesses of Massachusetts.

Time to go back to the way things were, or at least something more recognizable.

And it's not only masks that are getting shed like a jacket on the first day temps climb above 65. Baker said on Monday that along with the rescission of the mask mandate on May 29, all remaining business restrictions, capacity ceilings and gathering limits would be lifted as well. That's two months ahead of what Baker had initially been planning for, and more in line with steps that some other states are taking.

As for the public health emergency declared last March as COVID-19 began to spread, no more after June 15.

The governor didn't want to say it, but it sure felt like he was declaring the pandemic over....

When Baker ends the state of emergency, he will also be giving up the rationale used for countless executive orders and emergency laws designed to respond and help people and employers adapt to a new way of semi-quarantined life.

That has created a conundrum for policy makers who must decide, and decide pretty quickly, what deserves to stay from the pandemic-era.

House Speaker Ron Mariano and Senate President Karen Spilka asked for and received a list of executive orders and emergency regulations that will expire when the public health emergency ends....

The Committee on Election Laws this week also heard extensive testimony about why voting-by-mail should not be just a way to avoid coming into contact with other humans while participating in democracy, but a way to increase participation in democracy in its own right....

The UI fix is the second attempt by Beacon Hill lawmakers to come to the rescue of employers, but it left some in the business community feeling still exposed.

Democratic leaders had been waiting to hear from the U.S. Treasury on whether federal relief funds could be used to build back depleted unemployment benefit systems, but after being given the green light by the Biden administration the bill they crafted didn't rely on any of that money at all - at least for now.

Instead, the solution they crafted will spread the cost to employers over 20 years as the state borrows to meet pandemic benefit obligations that stretched the state unemployment trust beyond its means....

If the Legislature does ultimately decide to spend federal dollars to help businesses shoulder the heavier burden of UI system costs, they could always pad the $273 million supplemental budget Baker filed this week.

State House News Service
Friday, May 21, 2021
Weekly Roundup - Don’t Jinx It


After virtually vetting 923 budget amendments over 10 days, Senate Democrats on Tuesday formally launch debate on a $47.6 billion annual spending plan. The long review period should give senators a strong sense of which amendments will be packed into bundles for approval and rejection, and which ones will require debate and individual recorded votes to settle.

Senators are back on their traditional track toward finishing work on their annual budget before Memorial Day weekend. After that, the branches will send their differing budgets to a conference committee. The goal is to have a budget in place by the July 1 start of fiscal 2022, but legislators have shown a willingness over the years to continue working on the budget well past that deadline and this year's talks may carry added significance as it's possible that the six-member conference committee, perhaps in consultation with the Baker administration, might mark up anticipated revenues substantially based on recent revenue growth, triggering other pivotal budget decisions.

State House News Service
Friday, May 21, 2021
Advances - Week of May 23, 2021


Chip Ford's CLT Commentary

The Boston Herald reported on Tuesday ("Eye-popping cost of coronavirus pandemic laid bare in supplemental budget"):

A supplemental budget filed by Gov. Charlie Baker offers a glimpse at the eye-popping cost of the coronavirus pandemic in Massachusetts.

Coronavirus spending makes up 70% of the $273 million supplemental spending plan for the current fiscal year filed on Tuesday.

“These recommendations include $191 million to authorize spending certain federal funds made available through COVID-related federal legislation, a $0 net cost to the Commonwealth,” the governor wrote in a Tuesday memo to lawmakers.

The federal monies to be spent in Baker’s 69-page spending proposal come from Donald Trump-era relief bills that ushered roughly $70 billion in federal aid into the state[s].

State Rep. Dan Hunt, D-Dorchester, who heads the House Committee on Federal Stimulus and Census Oversight, said he expects collaboration between the Legislature and the Baker administration on how the state will spend the $5.3 billion awarded to Massachusetts from President Biden’s American Rescue plan.

On Friday the State House News Service reported ("Fed Funds Infusion Creating Unique Multi-Year Challenge"):

Massachusetts is getting so much money from the federal government with unique restrictions on how it is to be spent over the next several years that the Legislature should consider establishing a "separate para-budget process" for American Rescue Plan Act money, an analyst told a House committee Friday.

Between roughly $5.3 billion in state fiscal relief, another nearly $3.4 billion for local governments and other funding, the American Rescue Plan Act is poised to funnel more than $13 billion to the Bay State....

Friday's hearing also featured a presentation from Doug Howgate, the executive vice president of the Massachusetts Taxpayers Foundation, who detailed for lawmakers many of the do's and don'ts spelled out in the U.S. Treasury's recent guidelines on allowable uses of the latest round of federal relief funds.

He highlighted the fact that for some policy areas -- specifically housing, early education and economic supports -- Massachusetts will have three possible sources of funding: dedicated ARPA money, flexible ARPA money and the money that is usually appropriated through the state budget.

"How you coordinate those things and make sure it's part of a cohesive plan to maximize the benefit of those resources, that's going to be a challenge that really needs a thoughtful approach starting now about how we marry these fiscal recovery funds with the state budget with other resources," Howgate said....

Howgate also explained Friday that the state chunk of discretionary funding is now $5.3 billion, greater than the initial estimates of about $4.5 billion. He said Massachusetts is one of 21 states that will get its ARPA allocation as a lump sum -- other states will get 50 percent now and the remainder after one year.

Earlier in the week, on Tuesday State House News Service reported ("House Plan Prevents Spike in Biz Unemployment Costs; High Claims Costs Will Be Spread Over 20 Years"):

The House approved a proposal Tuesday that aims to relieve employers this spring from major unexpected unemployment system costs, while punting the decision on whether to deploy one-time federal funds to address a benefits system that sagged under the weight of pandemic unemployment.

In a move that business groups described as a solid first step, representatives voted 157-0 to shuffle the distribution of unemployment claims costs so that they can be covered over two decades of borrowing and so businesses will not be in line for huge bills in the short term....

Many businesses were blindsided when they opened their first-quarter unemployment contribution bills and found the solvency assessment rate had jumped from 0.58 percent in 2020 to 9.23 percent in 2021, raising costs in many cases by hundreds or thousands of dollars.

Under the legislation approved Tuesday, the state would shift all COVID-related unemployment claims from the solvency fund into a new COVID claims fund and the solvency fund would revert to its original function. Lawmakers already authorized $7 billion in bonding over 20 years as part of the original unemployment stabilization bill Baker signed, so the state would borrow to cover the newly created account.

Employers, who fund the state's jobless aid system, will still be on the hook in the long term, and a COVID-related assessment on businesses will kick into effect for 2021 and 2022....

Business leaders and some lawmakers have pushed to use some of the billions of dollars Massachusetts will receive from the American Rescue Plan to replenish the unemployment insurance trust fund after a historic spike in job losses during last year's mandatory economic shutdowns.

States are empowered to use the relief money to restore unemployment funds under federal guidance, and some have already done so, but -- to the chagrin of several business leaders -- the House opted not to pursue that option in its legislation Tuesday....

Industry groups offered mixed reviews of the bill, praising the relief it will bring in the coming weeks while calling for additional action to soften the burden businesses will need to carry over the next two decades.

"You could characterize this as a short-term solution. Some might characterize it as a long-term solution, but I think those that do that are not looking at the big picture," Retailers Association of Massachusetts President Jon Hurst told the News Service. "If anybody thinks this is the only solution, that would not be acceptable in employers' minds."

Hurst contested Cutler's description that the fix uses "our own resources," arguing that the costs over the next 20 years will still fall to current and future employers "for claims that were not their fault," brought on by government-ordered capacity limits and business closures. He urged Beacon Hill and Capitol Hill leaders to work together and direct taxpayer dollars to offset the costs, whether by using ARPA funding or a new package aimed specifically at unemployment trust funds.

"I'm not saying the entire $4.5 billion ARPA money or the entire trust fund deficit must be paid by state and federal government or socialized, or that employers can't pick up part of the tab, but it would be an absolute failure and we would be an outlier among other states if we expected employers to pay the entire bill for the COVID crisis," Hurst said.

Christopher Carlozzi, state director for the National Federation of Independent Businesses, said the plan unveiled Tuesday is "another step towards providing employers with immediate UI tax relief."

"We are thankful that it will help many employers avoid those astronomically high first quarter bills, however a long term solution will still be necessary," he said in a statement, adding that many job losses were a result of COVID restrictions. "The state must be required to use some of the billions in federal aid to help offset costs for business owners who, under this proposal, are still solely responsible for refilling the unemployment trust. Other states used federal CARES Act and ARPA money to refill depleted unemployment funds, Massachusetts should help struggling businesses by following their example."

Beacon Hill Roll Call this week included reporting on the bankrupt state unemployment trust fund burden being put entirely on businesses, writing:

House 157-0, Senate 40-0, approved and sent to Gov. Baker a bill . . . is also designed to relieve employers this spring from expensive unexpected unemployment system costs. Many businesses were shocked when they saw their first-quarter unemployment contribution bills and found the solvency assessment rate had jumped from 0.58 percent in 2020 to 9.23 percent in 2021, raising costs in many cases by hundreds or thousands of dollars.

When contacted by BHRC for my reaction to the passage of the bill I responded:

“The unemployment benefits crisis was directly caused by Gov. Baker’s shutdown of the state’s economy and the Legislature’s failure to act,” said Chip Ford, executive director of Citizens for Limited Taxation.  “The federal government provided relief with its American Rescue Plan Act (ARPA), but the House chose not to use those funds to mitigate the burden the state imposed on employers.  It is unconscionable for the state to further abuse devastated businesses when federal funds have been made available to alleviate that pain.”

Other affected parties responded:

“This proposal is a good step to help provide employers immediate unemployment insurance tax relief, but it is not a long-term solution,” said National Federation of Independent Business's (NFIB) Massachusetts State Director Christopher Carlozzi.  “The state forced businesses to close their doors and rollback operations resulting in widespread layoffs.  Because of this, employers alone should not be left to shoulder the entire UI tax burden and policymakers must use some of the billions of dollars in federal aid to help replenish the UI trust fund like so many other states have done.”

“This legislation is an important stopgap step to prevent up to 1,600 percent immediate tax increases for Massachusetts employers,” said Jon Hurst, president of the Retailers Association of Massachusetts.  “It will amortize the multi-billion-dollar COVID-related claims over 20 years, spreading out, but not eliminating the pain.  Still there needs to be a shared responsibility with government to cover some of the UI Trust Fund debt.  The orders, restrictions, messaging, emergency benefits and fraudulent claims were related to government actions, not that of employers.  So there still needs to be a determination on how much of the federal relief dollars under either the CARES Act or ARPA will be the government’s responsibility for the debt of approximately $4 billion.  Massachusetts will be receiving $4.5 billion [at that time, on Tuesday; it's since been increased to $5.3 billion] under the ARPA. Most other states have used federal COVID relief dollars to reduce the overall UI tax hit for their employers, and Massachusetts must support their small businesses and employers in a similar way.”

On a related issue Beacon Hill Roll Call reported ("Unemployed Claimants Must Look For Work"):

Gov. Baker announced that effective June 15, 2021, the work search requirements will be reinstated for all regular Unemployment Insurance (UI) claimants. Massachusetts temporarily suspended these requirements in March 2020 when the pandemic began.

Under the reinstated regulations, claimants must attest each week that they are making at least three work-search activities and provide proof of that activity to the Department of Unemployment Assistance, if requested, in order to maintain eligibility for UI benefits. Examples of valid work-search activities include completing a job application in person or online with employers who reasonably may be expected to have an opening for suitable work; registering for work and reemployment services with a local Mass Hire Career Center; and using other job search activities, such as reviewing job listings on the internet, newspapers or professional journals, contacting professional associations and networking with colleagues or friends.

When asked for my reaction by Bob Katzen, publisher of BHRC, I responded:

"'As of April 2021, there were nearly 200,000 job-postings across Massachusetts, the highest that figure has ever been in history' tells it all," said Chip Ford, executive director of Citizens for Limited Taxation.  "The state's multi-billion dollar unemployment benefits crisis has a solution:  Get everyone back to work.  This 'work search requirement’ is a good start, if belated.  Get out of the way and let the economy fully reopen, recover, and flourish, return us to those pre-pandemic employment highs."


Tying this all together with the proposed graduated income tax (aka, the "Millionaires Tax" or "Fair Share Amendment") was a column published by The Boston Globe on Wednesday co-authored by former-Gov. Bill Weld and CEOs of regional chambers of commerce and economic development, Karen Andreas, Peter Forman, and Rick Sullivan ("No going back to ‘Taxachusetts’ The state’s already overflowing coffers will soon receive billions from the federal government"):

Ironic, incongruous, inconceivable, or all of the above? The Massachusetts Department of Revenue recently announced that April collections were $385 million ahead of estimates. That should come as no surprise because collections outpaced projections by hundreds of millions of dollars each month this year.

In a great irony, on the same day that the DOR announced that April revenues put Massachusetts $3.4 billion ahead of this time last year, a union-backed lobbying group, Raise Up Massachusetts, kicked off a campaign to raise taxes by $2 billion annually.

Proponents of the self-styled Fair Share Amendment — commonly called the millionaires tax, which was originally proposed seven years ago — assert that more tax dollars are needed to cover additional state spending. But state budgets have long been rising at twice the rate of inflation, and in addition to spending increases, excess revenues have also swelled the critical rainy day fund to record levels.

It’s fair to call the claim that we need to raise more, even when we haven’t come close to spending what we have, incongruous.

What makes the play by the insatiable tax-and-spenders more inconceivable is that the state’s already overflowing coffers will soon receive billions from the federal government to make up for coronavirus pandemic-related budget gaps that never materialized, even in the face of statewide business shutdowns. The Commonwealth has already received billions of dollars from the federal government to “weather the storm,” a storm that has actually resulted in deposits into the rainy day fund.

State policy makers, anticipating the arrival of $4.5 billion [again, now increased to $5.3 billion] in federal stimulus, are correctly asking what should be done next. Even in the face of a state budget that is overflowing with cash and will probably benefit from an economy that appears ready to bust out and generate surpluses as it did pre-pandemic, taxation proponents reply, “Let’s raise taxes!” ...

Already one of the most expensive states per household for state and local taxes, Massachusetts must consider the allure of low- and no-tax states. Making it an even more expensive state for businesses further increases the risk of business and employee relocations. Examples of this happening in other high-tax states abound — just ask California or Connecticut.

The Legislature would do well to focus on the most vital policy goal coming out of the pandemic — getting Massachusetts residents back to work. Massachusetts doesn’t need a job-killing tax scheme that was first hatched seven years ago; it needs policies that are responsive to today’s conditions and challenges, in which post-pandemic businesses and jobs compete with online shopping and opportunities to work remotely.


But as always, The Takers are circling like buzzards over fresh road kill.  "Never let a good crisis go to waste."

The State House News Service reported on Tuesday ("Higher Ed Funding Bill Now Backed by At Least 90 Lawmakers Movement to Shift College Cost Burden Grows"):

Massachusetts Teachers Association Vice President Max Page opened up his testimony before the Higher Education Committee Tuesday by sharing his screen with lawmakers, displaying a photo of the fine arts center at UMass Amherst....

Page was one of several speakers to make the case to the committee that graduating without debt was once the norm for public college and university graduates and to ask the legislators to return to a model where students shouldered less of the cost burden...

Bills before the committee propose various approaches to helping students pay for college, including MTA-backed bills that would create a free-college grant program and that would steer $500 million in additional state dollars into public higher education over five years.

Referred to by its supporters as the Cherish Act, the $500 million bill would also freeze tuition and fees at public colleges and universities through fiscal 2026. It aims to bring per-student state funding for public higher education back to its 2001 level....

Don't you love the teachers union's plan to "steer $500 million" in "state dollars" into heavily taxpayer-subsidized if not outright free college tuition?  "State dollars" first must be taken by force of law from productive taxpayers.  Prior to that taking by force those dollars were ours!


On Tuesday the state Senate will begin debating its Fiscal Year 2022 $47.6 billion-and-counting budget.  In its Advances for coming week on Beacon Hill the State House News Service reported on Friday:

After virtually vetting 923 budget amendments over 10 days, Senate Democrats on Tuesday formally launch debate on a $47.6 billion annual spending plan. The long review period should give senators a strong sense of which amendments will be packed into bundles for approval and rejection, and which ones will require debate and individual recorded votes to settle.

Senators are back on their traditional track toward finishing work on their annual budget before Memorial Day weekend. After that, the branches will send their differing budgets to a conference committee. The goal is to have a budget in place by the July 1 start of fiscal 2022, but legislators have shown a willingness over the years to continue working on the budget well past that deadline and this year's talks may carry added significance as it's possible that the six-member conference committee, perhaps in consultation with the Baker administration, might mark up anticipated revenues substantially based on recent revenue growth, triggering other pivotal budget decisions.


A note from Bob Katzen, Publisher of Beacon Hill Roll Call:

Join me this Sunday night and every Sunday night between 5 p.m. and 8 p.m. for my talk show “The Bob Katzen Baby Boomer and Gen X Show.” Jump in my time capsule and come back to the simpler days of the 1950s, 1960s, 1970s and 1980s.

There are many ways you can listen to the show from anywhere in the world:

•  If you have a smart speaker, simply say, “Play WMEX on Audacy.com”

•  Download the free Audacy app on your phone or tablet

•  Listen online at www.wmexboston.com

•  Or tune into 1510 AM if you have an AM radio.

Visit us at www.bobkatzenshow.com

http://cltg.org/cltg/clt2021/images/Bob-Katzen-Show-2.jpg

CLICK GRAPHIC ABOVE TO ENLARGE

Chip Ford
Executive Director


Full News Reports Follow
(excerpted above)

The Boston Herald
Tuesday, May 18, 2021
Eye-popping cost of coronavirus pandemic laid bare in supplemental budget
By Erin Tiernan


A supplemental budget filed by Gov. Charlie Baker offers a glimpse at the eye-popping cost of the coronavirus pandemic in Massachusetts.

Coronavirus spending makes up 70% of the $273 million supplemental spending plan for the current fiscal year filed on Tuesday.

“These recommendations include $191 million to authorize spending certain federal funds made available through COVID-related federal legislation, a $0 net cost to the Commonwealth,” the governor wrote in a Tuesday memo to lawmakers.

The federal monies to be spent in Baker’s 69-page spending proposal come from Donald Trump-era relief bills that ushered roughly $70 billion in federal aid into the state[s].

State Rep. Dan Hunt, D-Dorchester, who heads the House Committee on Federal Stimulus and Census Oversight, said he expects collaboration between the Legislature and the Baker administration on how the state will spend the $5.3 billion awarded to Massachusetts from President Biden’s American Rescue plan.

Hunt and his team are “pouring through” the 700-page bill and its accompanying 160 pages of guidance, the Dorchester Democrat said.

“It seems like we are going to have some broad latitude to spend this once-in-a-generation funding,” Hunt said.

Hunt’s committee was created this session by first-term House Speaker Ronald Mariano, who has signaled his desire for the Legislature to take a greater oversight role in the spending of billions of relief dollars flowing into the state.

Baker’s budget bill also makes another stab at establishing a permanent seven-member board of overseers for the MBTA. The charge for the existing Fiscal Management Control Board — created in 2015 — is slated to expire July 1.

Lawmakers last year were unable to agree on the makeup of a permanent oversight authority for the transit agency when they found themselves at odds over the size of Boston’s role, its duration and more.

Baker’s supplemental budget also seeks “a number of corrections” to an economic development bill passed last session “to allow for the proper implementation of important policies” signed into law, according to his memo to lawmakers.


State House News Service
Tuesday, May 18, 2021
House Plan Prevents Spike in Biz Unemployment Costs
High Claims Costs Will Be Spread Over 20 Years
By Chris Lisinski and Michael P. Norton


The House approved a proposal Tuesday that aims to relieve employers this spring from major unexpected unemployment system costs, while punting the decision on whether to deploy one-time federal funds to address a benefits system that sagged under the weight of pandemic unemployment.

In a move that business groups described as a solid first step, representatives voted 157-0 to shuffle the distribution of unemployment claims costs so that they can be covered over two decades of borrowing and so businesses will not be in line for huge bills in the short term.

After weeks of review, the House on Tuesday also revived plans for an emergency paid leave program that would make participants eligible for up to one week of paid leave if they or a family member needs it to deal with COVID-19 issues, including self-isolation, seeking a diagnosis, or obtaining an immunization. The House sent the bill to the Senate after rejecting amendments to the measure sought by Gov. Charlie Baker.

The legislation (H 3702) addressing a spike in solvency rate assessments on businesses aims to achieve the same goal as an unemployment system stabilization bill Baker signed on April 1, before it became apparent that the original pass failed to fully prevent business cost spikes tied to unprecedented pandemic job losses.

Before the pandemic, employers that laid off more workers typically received higher experience ratings that increased the amount they owe into the state's unemployment system. However, the U.S. Department of Labor told states not to apply those penalties for losses stemming from COVID-19 impacts. Massachusetts, as a result, spread out the costs across all industries through the solvency fund assessment, which in the past had been used to cover benefits that cannot be charged directly to employers, such as dependency allowances and state extended benefits.

"In a typical year, this is a small factor, but as we all know, this year was anything but typical," said Labor and Workforce Development Committee Co-chair Rep. Josh Cutler, who was the only lawmaker to speak about the proposal during Tuesday's session.

Many businesses were blindsided when they opened their first-quarter unemployment contribution bills and found the solvency assessment rate had jumped from 0.58 percent in 2020 to 9.23 percent in 2021, raising costs in many cases by hundreds or thousands of dollars.

Under the legislation approved Tuesday, the state would shift all COVID-related unemployment claims from the solvency fund into a new COVID claims fund and the solvency fund would revert to its original function. Lawmakers already authorized $7 billion in bonding over 20 years as part of the original unemployment stabilization bill Baker signed, so the state would borrow to cover the newly created account.

Employers, who fund the state's jobless aid system, will still be on the hook in the long term, and a COVID-related assessment on businesses will kick into effect for 2021 and 2022. However, lawmakers believe the legislation will correct huge spikes in solvency fund charges that hit businesses in March and April.

For many, the quarterly bills will return to an amount roughly in line with 2020 rates, Cutler said. Some businesses may even owe less than they did last year.

As a result of the change, the solvency assessment rate should fall from 9.23 percent to about 1.1 percent, a figure much closer to its historic levels, Cutler said.

The state Department of Unemployment Assistance would recalculate and resend bills to every employer. The bill would also postpone the due date for first-quarter bills, already delayed by about a month, from June 1 to July 31. Employers who already paid the inflated version of their bills will receive a credit for the difference, Cutler said.

Any new unemployment claims filed after Aug. 1 would be charged to employer accounts, essentially reverting to how the system functioned before the pandemic and the federal guidance.

Business leaders and some lawmakers have pushed to use some of the billions of dollars Massachusetts will receive from the American Rescue Plan to replenish the unemployment insurance trust fund after a historic spike in job losses during last year's mandatory economic shutdowns.

States are empowered to use the relief money to restore unemployment funds under federal guidance, and some have already done so, but -- to the chagrin of several business leaders -- the House opted not to pursue that option in its legislation Tuesday.

"We're not relying on federal money here," Cutler said in an interview. "This is a solution that does not rely on federal funds. We've come up with a solution that works with our own resources and does not rely on federal funding for this. That door is still open, but today this action does not rely on federal money."

Industry groups offered mixed reviews of the bill, praising the relief it will bring in the coming weeks while calling for additional action to soften the burden businesses will need to carry over the next two decades.

"You could characterize this as a short-term solution. Some might characterize it as a long-term solution, but I think those that do that are not looking at the big picture," Retailers Association of Massachusetts President Jon Hurst told the News Service. "If anybody thinks this is the only solution, that would not be acceptable in employers' minds."

Hurst contested Cutler's description that the fix uses "our own resources," arguing that the costs over the next 20 years will still fall to current and future employers "for claims that were not their fault," brought on by government-ordered capacity limits and business closures. He urged Beacon Hill and Capitol Hill leaders to work together and direct taxpayer dollars to offset the costs, whether by using ARPA funding or a new package aimed specifically at unemployment trust funds.

"I'm not saying the entire $4.5 billion ARPA money or the entire trust fund deficit must be paid by state and federal government or socialized, or that employers can't pick up part of the tab, but it would be an absolute failure and we would be an outlier among other states if we expected employers to pay the entire bill for the COVID crisis," Hurst said.

Christopher Carlozzi, state director for the National Federation of Independent Businesses, said the plan unveiled Tuesday is "another step towards providing employers with immediate UI tax relief."

"We are thankful that it will help many employers avoid those astronomically high first quarter bills, however a long term solution will still be necessary," he said in a statement, adding that many job losses were a result of COVID restrictions. "The state must be required to use some of the billions in federal aid to help offset costs for business owners who, under this proposal, are still solely responsible for refilling the unemployment trust. Other states used federal CARES Act and ARPA money to refill depleted unemployment funds, Massachusetts should help struggling businesses by following their example."

Lawmakers, industry heads, labor leaders and other experts are already working on a big-picture analysis of the state's unemployment system. A 21-member commission created under the original stabilization bill convened its first meeting last week, and it is tasked with submitting recommendations by Dec. 15 on how to ensure the unemployment insurance trust fund's permanent solvency.

Cutler said on the House floor that the Senate and the Baker administration collaborated on the legislation approved Tuesday, an approach that could make reaching a final agreement on the matter easier.

Senate President Karen Spilka's office said Monday that she believes the legislation is "a sound proposal."

"Once received from the House, we look forward to reviewing and discussing this proposal with our colleagues and advancing a fix to ensure stability for our employers," a Spilka spokesperson said in a statement.

Baker spokesperson Terry MacCormack said in a statement that the administration "feels strongly that this issue needs to be addressed quickly and is pleased to work with our colleagues in the Legislature to accomplish that goal" and will "review the final legislation that reaches the Governor's desk."

The Senate's next session is Thursday, but it's unclear if the proposal will surface for consideration then.

The House on Tuesday also turned back Baker's calls to exclude municipal employees from an emergency COVID-19 paid leave program and to provide reimbursement for paid leave costs through an employee tax credit. The underlying proposal, paired in the same bill with the unemployment insurance system fixes, requires employers to provide up to one week of emergency paid leave based on the number of hours an employee works, and under a cap that limits total pay to $850 per week.

Employee advocates for more than a year have been calling for a paid leave program, with groups like Raise Up Massachusetts saying too often essential workers were choosing to work so they could make money rather than staying home and seeking COVID-19 testing if they were exhibiting symptoms of the virus.

The Legislature included COVID-19 paid leave protections in the initial unemployment insurance stabilization bill in April, but Baker returned that section with amendments. The House's return to the plan more than a month later comes as COVID-19 cases fall and millions of residents have secured vaccinations against the virus.

"The House stands firm in supporting our municipal workers," Cutler said from the House floor. "Our municipal employees including teachers, DPW workers, police officers, firefighters, health agents, janitors, veterans agents, counseling on aging workers, librarians, and many others have been essential to the state's COVID-19 response and certainly are just as deserving of these benefits."

Employees would be eligible for paid leave if they need to self-isolate, seek a medical diagnosis, obtain an immunization, comply with a quarantine order or determination by a local, state or federal public official, if they are unable to telework because of a COVID-19 diagnosis, or if the employee needs to care for a family member who needs to self-isolate, needs a medical diagnosis, or is subject to a quarantine.

The Baker administration has defended its proposed exclusion of municipal workers from the program, arguing that municipal workers have strong leave protections in place already and that many municipalities can access federal funds to implement their own leave programs that could align with state and federal leave guarantees.

Baker also proposed to convert the program funding to a $40 per employee tax credit for all companies unable to access federal credits, regardless of whether the employee uses the leave benefit. The governor said this would not add to the cost of the program, but would prevent it from abruptly ending when the $75 million proposed for employer reimbursements runs out.

Chris Van Buskirk contributed reporting


Beacon Hill Roll Call
Volume 46 - Report No. 21
May 17-21, 2021
By Bob Katzen
COVID-19 Emergency Sick Leave And Unemployment Insurance Changes (H 3771)


House 157-0, Senate 40-0, approved and sent to Gov. Baker a bill that would provide qualified workers with up to five days of paid leave for COVID-related emergencies including workers who are sick with the virus, under a quarantine order, recovering from receiving a vaccine or caring for a family member ill with the virus.

The measure is also designed to relieve employers this spring from expensive unexpected unemployment system costs. Many businesses were shocked when they saw their first-quarter unemployment contribution bills and found the solvency assessment rate had jumped from 0.58 percent in 2020 to 9.23 percent in 2021, raising costs in many cases by hundreds or thousands of dollars.

Under the proposal, the state would shift all COVID-related unemployment claims from the solvency fund into a new COVID claims fund and the solvency fund would revert to its original function. Employers, who fund the state's jobless aid system, will still be on the hook in the long term, and a COVID-related assessment on businesses will kick into effect for 2021 and 2022.

Under the proposal, the state would shift all COVID-related unemployment claims from the solvency fund into a new COVID claims fund and the solvency fund would revert to its original function. Employers, who fund the state's jobless aid system, will still be on the hook in the long term, and a COVID-related assessment on businesses will kick into effect for 2021 and 2022....

“The unemployment benefits crisis was directly caused by Gov. Baker’s shutdown of the state’s economy and the Legislature’s failure to act,” said Chip Ford, executive director of Citizens for Limited Taxation. “The federal government provided relief with its American Rescue Plan Act (ARPA), but the House chose not to use those funds to mitigate the burden the state imposed on employers. It is unconscionable for the state to further abuse devastated businesses when federal funds have been made available to alleviate that pain.”

“This proposal is a good step to help provide employers immediate unemployment insurance tax relief, but it is not a long-term solution,” said National Federation of Independent Business's (NFIB) Massachusetts State Director Christopher Carlozzi. “The state forced businesses to close their doors and rollback operations resulting in widespread layoffs. Because of this, employers alone should not be left to shoulder the entire UI tax burden and policymakers must use some of the billions of dollars in federal aid to help replenish the UI trust fund like so many other states have done.”

“This legislation is an important stopgap step to prevent up to 1,600 percent immediate tax increases for Massachusetts employers,” said Jon Hurst, president of the Retailers Association of Massachusetts. “It will amortize the multi-billion-dollar COVID-related claims over 20 years, spreading out, but not eliminating the pain. Still there needs to be a shared responsibility with government to cover some of the UI Trust Fund debt. The orders, restrictions, messaging, emergency benefits and fraudulent claims were related to government actions, not that of employers. So there still needs to be a determination on how much of the federal relief dollars under either the CARES Act or ARPA will be the government’s responsibility for the debt of approximately $4 billion. Massachusetts will be receiving $4.5 billion under the ARPA. Most other states have used federal COVID relief dollars to reduce the overall UI tax hit for their employers, and Massachusetts must support their small businesses and employers in a similar way.”


Beacon Hill Roll Call
Volume 46 - Report No. 21
May 17-21, 2021
By Bob Katzen
Unemployed Claimants Must Look For Work


Gov. Baker announced that effective June 15, 2021, the work search requirements will be reinstated for all regular Unemployment Insurance (UI) claimants. Massachusetts temporarily suspended these requirements in March 2020 when the pandemic began.

Under the reinstated regulations, claimants must attest each week that they are making at least three work-search activities and provide proof of that activity to the Department of Unemployment Assistance, if requested, in order to maintain eligibility for UI benefits. Examples of valid work-search activities include completing a job application in person or online with employers who reasonably may be expected to have an opening for suitable work; registering for work and reemployment services with a local Mass Hire Career Center; and using other job search activities, such as reviewing job listings on the internet, newspapers or professional journals, contacting professional associations and networking with colleagues or friends.

“This is very good news for everyone,” said Paul Craney executive director of the Massachusetts Fiscal Alliance. “Businesses, workers and customers all need to get back to normal and this is a good first step toward that. Businesses are having a hard time hiring workers because the unemployment benefits are so generous. Customers cannot enjoy their favorite businesses because these businesses are dealing with a shortage of workers.”

“I am completely opposed to Gov. Baker’s move to reinstate work search requirements for UI claimants starting June 15th,” said Rep. Mike Connolly (D-Cambridge). “This adds an additional layer of complexity to a UI system that has greatly struggled to deliver benefits in a timely fashion for many residents. Moreover, we’ve just experienced one of the biggest disruptions to the labor market in history, so imposing these requirements right now will tend to perpetuate systemic racism and other inequities by pushing some of our most vulnerable residents into accepting underpaid work or work in unsafe conditions.”

[SUBMITTED BY REQUEST OF BEACON HILL ROLL CALL BUT NOT PUBLISHED]:

"'As of April 2021, there were nearly 200,000 job-postings across Massachusetts, the highest that figure has ever been in history' tells it all," said Chip Ford, executive director of Citizens for Limited Taxation. "The state's multi-billion dollar unemployment benefits crisis has a solution: Get everyone back to work. This 'work search requirement’ is a good start, if belated. Get out of the way and let the economy fully reopen, recover, and flourish, return us to those pre-pandemic employment highs."


State House News Service
Tuesday, May 18, 2021
Higher Ed Funding Bill Now Backed by At Least 90 Lawmakers
Movement to Shift College Cost Burden Grows
By Katie Lannan

Massachusetts Teachers Association Vice President Max Page opened up his testimony before the Higher Education Committee Tuesday by sharing his screen with lawmakers, displaying a photo of the fine arts center at UMass Amherst.

Page said the 646-foot-long Brutalist building was constructed with state money in the late 1960s and early 1970s, and that with its indoor spaces elevated above the ground it "literally lifted up on a pedestal the arts for working class students."

Page was one of several speakers to make the case to the committee that graduating without debt was once the norm for public college and university graduates and to ask the legislators to return to a model where students shouldered less of the cost burden.

"We're not inventing the utopian world of the future," he said. "We're simply going back to the future, in a way. We're trying to reclaim what we had."

Bills before the committee propose various approaches to helping students pay for college, including MTA-backed bills that would create a free-college grant program and that would steer $500 million in additional state dollars into public higher education over five years.

Referred to by its supporters as the Cherish Act, the $500 million bill would also freeze tuition and fees at public colleges and universities through fiscal 2026. It aims to bring per-student state funding for public higher education back to its 2001 level.

Between fiscal 2001 and fiscal 2019, per student state funding for higher education fell by 31 percent, said Sen. Jo Comerford, who filed the bill (H 1339, S 824) with Reps. Sean Garballey and Paul Mark.

"This has contributed to higher tuition and fees and really crushing student debt," she said.

Comerford, a Northampton Democrat who serves as vice chair of the Higher Education Committee, said 90 of the Legislature's 200 members have signed on as co-sponsors.

Senate Chair Anne Gobi told Comerford that she and her House counterpart, Rep. David Rogers, elected to hold a hearing on the bill "early" this term "to show how committed we are to working on this bill and working with you and understanding the importance of what we can do for students across Massachusetts."

"Last session, we had a lot of hopes for this Cherish Act," Gobi said.

In late December 2020, the waning days of the last legislative session, the Higher Education Committee included the House and Senate versions of the Cherish Act in study orders, effectively killing them.

Bills from Sen. Jamie Eldridge and Rep. Natalie Higgins, which would create a grant program to cover the full cost of tuition and fees for Massachusetts residents attending state colleges and universities or certificate, vocational or training programs at public institutions, met the same fate last year.

The two Democrats pitched the committee on the re-filed version of their bill (H 1339, S 829). Higgins said a new feature this time around is that income-eligible students would also receive additional grants to pay for costs like housing, textbooks and transportation.

Higgins said the state's MASSGrant financial aid program could cover about 90 percent of tuition and fees and fees for most UMass Amherst students in 1988, and today covers less than 9 percent.

She said the question she usually gets about the bill is how to pay for it, and pointed to another bill on the committee's docket for the day -- Sen. Adam Gomez's proposal (S 836) to impose a 2.5 percent excise tax on private higher education institutions with endowments over $1 billion. The revenue collected would be deposited into a new trust fund "used exclusively for the purposes of subsidizing the cost of higher education, early education and child care for lower-income and middle-class residents of the commonwealth."

A House version of that bill (H 2931), which Higgins filed, is before the Revenue Committee.

"There are 11 private higher ed institutions that have endowments over a billion dollars," she said. "If we just taxed above a billion dollars at two-and-a-half percent -- really just some of that interest that they're making -- we would raise $1.6 billion a year, not only for higher ed but also for early ed."

Higgins said half of that $1.6 billion could "wipe out tuition and fees across all 29 public colleges and universities in the commonwealth."

Rob McCarron, the senior vice president and general counsel for the Association of Independent Colleges and Universities in Massachusetts, spoke in opposition to the endowment tax plan.

He said it "would target the very institutions that have stepped up in such a big way to help the state respond to the COVID-19 pandemic," referencing efforts across higher education to pivot to remote learning, donate personal protective equipment, repurpose dorms to house first responders and create COVID-19 testing programs.

"Endowments and private philanthropy are essential to colleges and universities," McCarron said. "It is what allows them to maintain excellence in academic programs and research."

He said a "significant" portion of each endowment is restricted to purposes -- like specific research or academic programs -- designated by its donors, and that colleges and universities are legally obligated by those donor restrictions. The tax would "erode donor confidence," make fundraising more difficult, and "weaken the competitiveness" of the state's higher education sector, McCarron said.


State House News Service
Friday, May 21, 2021
Fed Funds Infusion Creating Unique Multi-Year Challenge
Lawmakers Await First ARPA Proposal from Gov. Baker
By Colin A. Young


Massachusetts is getting so much money from the federal government with unique restrictions on how it is to be spent over the next several years that the Legislature should consider establishing a "separate para-budget process" for American Rescue Plan Act money, an analyst told a House committee Friday.

Between roughly $5.3 billion in state fiscal relief, another nearly $3.4 billion for local governments and other funding, the American Rescue Plan Act is poised to funnel more than $13 billion to the Bay State.

Generally speaking, the funds must be committed by the end of 2024 and spent by the end of 2026. That presents the state with some opportunities and challenges, Evan Horowitz, executive director of the Center for State Policy Analysis at Tufts University, said.

"On the plus side, it means there will be time for robust debate around spending decisions. Just because federal dollars are expected to reach state hands in the coming months doesn't mean they must be immediately spent; better to make room for careful planning and real deliberation," he told the House Committee on Federal Stimulus and Census Oversight. "However, the multi-year time frame is also long enough to allow for a lot of temporization and can-kicking. Absent a near-term deadline or other forcing mechanism, it could be hard to reach timely agreement among groups with different goals and priorities."

So, Horowitz suggested, the Legislature could benefit from putting ARPA spending decisions on their own annual or semi-annual cycle and establishing interim spending targets as the state works through what he called a "seismic fiscal event" that will involve more money than previous stimulus programs and spending guidelines that are far more flexible than those for the American Recovery and Reinvestment Act of 2009.

"The timeframes are different. The players are different in terms of who's coordinating the spending of money across different levels. The fungibility questions vary across timeframes," he said. Horowitz added, "We do often separate capital budgets from spending budgets, in general. And this isn't exactly capital spending, but it has the one-time structure that makes it right for a different kind of thought process for spending decisions and budgeting considerations."

Rep. John Barrett, the committee vice chair, liked the idea and told Horowtiz he thought it was "practical."

"I would think it would also be easier to monitor the spending and the planning and things like that, by segregating it in a way that addresses many of them and makes sense," he said. "That's my big concern, making sure that where we recommend the money go ... assuring that it gets there. And that'd be the clearest and cleanest way of doing it, I would assume."

Friday's hearing also featured a presentation from Doug Howgate, the executive vice president of the Massachusetts Taxpayers Foundation, who detailed for lawmakers many of the do's and don'ts spelled out in the U.S. Treasury's recent guidelines on allowable uses of the latest round of federal relief funds.

He highlighted the fact that for some policy areas -- specifically housing, early education and economic supports -- Massachusetts will have three possible sources of funding: dedicated ARPA money, flexible ARPA money and the money that is usually appropriated through the state budget.

"How you coordinate those things and make sure it's part of a cohesive plan to maximize the benefit of those resources, that's going to be a challenge that really needs a thoughtful approach starting now about how we marry these fiscal recovery funds with the state budget with other resources," Howgate said.

He said he thinks "the approach that the Legislature looks to be taking to the fiscal recovery plans of appropriating these funds over the next several years makes a ton of sense" but urged lawmakers not to lose sight of the importance of coordination.

"A big challenge in terms of how you use these resources is how you balance the need right now with the reality that you need to make sure that these resources are available for what they're supposed to be used for over a longer time horizon," he said. "That's going to again require some thought."

Howgate also explained Friday that the state chunk of discretionary funding is now $5.3 billion, greater than the initial estimates of about $4.5 billion. He said Massachusetts is one of 21 states that will get its ARPA allocation as a lump sum -- other states will get 50 percent now and the remainder after one year.

"The $5.3 billion reminds me of the Prego pasta sauce -- 'it's in there.' So as long as it's coronavirus related then we as a commonwealth or the cities and towns can charge off to those sources," Chairman Rep. Dan Hunt said Friday.

The chairman added, "But as far where, mechanically, things will go and how they will go, that's going to be a conversation among leadership. So the speaker and the Senate president and the governor are going to have to get together and figure out a piece of legislation that will identify whether we do this in a short-term period, whether we identify priorities on the front end or lay out a plan for the five years. That's going to be a conversation that the Gang of Three has going forward."

After the hearing, Hunt said that while prior federal stimulus laws were "very specific and prescriptive on responding to the active virus," the American Rescue Plan Act "is focused on recovering the economy and the nation after we get back on track and to make sure that everyone shares in that recovery. We know that women and minorities and certain economic sectors have suffered much worse than others."

In April, House Speaker Ron Mariano said lawmakers may deal with ARPA spending in June, after the annual state budget has been sent to a conference committee.

"We look forward to seeing a product from the governor's office to review in the near future," Hunt said Friday.

Michael P. Norton contributed reporting


The Boston Globe
Wednesday, May 19, 2021
No going back to ‘Taxachusetts’
The state’s already overflowing coffers will soon receive billions from the federal government.
Instead of raising taxes, the focus should be on restoring jobs.
By Bill Weld, Karen Andreas, Peter Forman, and Rick Sullivan


Ironic, incongruous, inconceivable, or all of the above? The Massachusetts Department of Revenue recently announced that April collections were $385 million ahead of estimates. That should come as no surprise because collections outpaced projections by hundreds of millions of dollars each month this year.

In a great irony, on the same day that the DOR announced that April revenues put Massachusetts $3.4 billion ahead of this time last year, a union-backed lobbying group, Raise Up Massachusetts, kicked off a campaign to raise taxes by $2 billion annually.

Proponents of the self-styled Fair Share Amendment — commonly called the millionaires tax, which was originally proposed seven years ago — assert that more tax dollars are needed to cover additional state spending. But state budgets have long been rising at twice the rate of inflation, and in addition to spending increases, excess revenues have also swelled the critical rainy day fund to record levels.

It’s fair to call the claim that we need to raise more, even when we haven’t come close to spending what we have, incongruous.

What makes the play by the insatiable tax-and-spenders more inconceivable is that the state’s already overflowing coffers will soon receive billions from the federal government to make up for coronavirus pandemic-related budget gaps that never materialized, even in the face of statewide business shutdowns. The Commonwealth has already received billions of dollars from the federal government to “weather the storm,” a storm that has actually resulted in deposits into the rainy day fund.

State policy makers, anticipating the arrival of $4.5 billion in federal stimulus, are correctly asking what should be done next. Even in the face of a state budget that is overflowing with cash and will probably benefit from an economy that appears ready to bust out and generate surpluses as it did pre-pandemic, taxation proponents reply, “Let’s raise taxes!”

Already one of the most expensive states per household for state and local taxes, Massachusetts must consider the allure of low- and no-tax states. Making it an even more expensive state for businesses further increases the risk of business and employee relocations. Examples of this happening in other high-tax states abound — just ask California or Connecticut.

The Legislature would do well to focus on the most vital policy goal coming out of the pandemic — getting Massachusetts residents back to work. Massachusetts doesn’t need a job-killing tax scheme that was first hatched seven years ago; it needs policies that are responsive to today’s conditions and challenges, in which post-pandemic businesses and jobs compete with online shopping and opportunities to work remotely.

Getting the hundreds of thousands of unemployed Massachusetts residents back to work is also smart policy for the state’s budget writers. It’s robust growth that brings multibillion-dollar surpluses that can fund tax advocates’ priorities.

Bill Weld is a former governor of Massachusetts. Karen Andreas is CEO of the North Shore Chamber of Commerce. Peter Forman is CEO of the South Shore Chamber of Commerce. Rick Sullivan is president and CEO of the Western Massachusetts Economic Development Council.


State House News Service
Friday, May 21, 2021
Weekly Roundup - Don’t Jinx It
Recap and analysis of the week in state government
By Matt Murphy


More than a year after Gov. Charlie Baker first ordered Bay State residents to mask up to protect both themselves and others from a little understood virus sweeping the globe, the governor on Monday said if (and it's a BIG if) you are fully vaccinated, you can drop the face covering in time for the Memorial Day barbecue.

Baker was back from D.C. and clear-eyed about what the latest guidance on mask wearing and vaccine effectiveness from the Centers for Disease Control meant for the people and businesses of Massachusetts.

Time to go back to the way things were, or at least something more recognizable.

And it's not only masks that are getting shed like a jacket on the first day temps climb above 65. Baker said on Monday that along with the rescission of the mask mandate on May 29, all remaining business restrictions, capacity ceilings and gathering limits would be lifted as well. That's two months ahead of what Baker had initially been planning for, and more in line with steps that some other states are taking.

As for the public health emergency declared last March as COVID-19 began to spread, no more after June 15.

The governor didn't want to say it, but it sure felt like he was declaring the pandemic over.

"COVID's a little bit like Michael Myers," Baker said, chuckling nervously as he compared the virus to the late-70s, can't-be-killed antagonist in the slasher flick franchise "Halloween."

When Baker ends the state of emergency, he will also be giving up the rationale used for countless executive orders and emergency laws designed to respond and help people and employers adapt to a new way of semi-quarantined life.

That has created a conundrum for policy makers who must decide, and decide pretty quickly, what deserves to stay from the pandemic-era.

House Speaker Ron Mariano and Senate President Karen Spilka asked for and received a list of executive orders and emergency regulations that will expire when the public health emergency ends.

The Massachusetts Municipal Association is among those who want remote and virtual meeting options to remain in the toolbox for municipal boards, while Sen. Diana DiZoglio is helping to lead the charge on Beacon Hill on behalf of restaurants to keep third-party delivery fees capped and to-go cocktails on the menu.

DiZoglio has filed a bill to extend both pandemic accommodations for restaurants beyond the end of the state of emergency, and has filed a similar budget amendment that will be debated next week.

"Our local restaurants are depending on us to take immediate action as they work to remain afloat in this unprecedented time," DiZoglio said.

The Committee on Election Laws this week also heard extensive testimony about why voting-by-mail should not be just a way to avoid coming into contact with other humans while participating in democracy, but a way to increase participation in democracy in its own right.

While there's much still to sort through, the Legislature cleaned three things off its plate this week, finalizing a borrowing bill to construct a new soldiers' home in Holyoke and settling on another strategy that will allow businesses to avoid steep unemployment insurance bill spikes.

The UI fix is the second attempt by Beacon Hill lawmakers to come to the rescue of employers, but it left some in the business community feeling still exposed.

Democratic leaders had been waiting to hear from the U.S. Treasury on whether federal relief funds could be used to build back depleted unemployment benefit systems, but after being given the green light by the Biden administration the bill they crafted didn't rely on any of that money at all - at least for now.

Instead, the solution they crafted will spread the cost to employers over 20 years as the state borrows to meet pandemic benefit obligations that stretched the state unemployment trust beyond its means.

The UI bill, which Rep. Josh Cutler said the Baker administration helped to develop, also included the emergency COVID-19 paid leave program that Baker previously tried to amend, to no avail.

The House and Senate stuck with the original structure of the up-to-one-week paid leave program that affords workers time to quarantine, get immunized or care for a family member sick with COVID. And municipal employees would still qualify.

If the Legislature does ultimately decide to spend federal dollars to help businesses shoulder the heavier burden of UI system costs, they could always pad the $273 million supplemental budget Baker filed this week.

That bill uses some federal funds to cover some pandemic spending, but it's not THE blueprint for how to spend billions in American Rescue Plan dollars. It would, however, appropriate $5 million for the new Peace Officer Standards and Training Commission to get to work certifying law enforcement officers around the state, and another $12.5 million to implement other aspects of last year's police accountability law.

Of course, in all the excitement over the prospects of a summer without worrying about COVID-19, it's easy to forget that millions of Bay State residents are still not and cannot be vaccinated.

The state crossed the threshold of 3.3 million fully vaccinated this week, but children under 12 are still not eligible for a vaccine and masks will continue to be required in schools, just not outside at recess.

Masks will also stay the norm in nursing homes and other congregate care settings, and in many communities of color vaccination rates continue to trail those of the white population.

Some people might just keep wearing masks because it makes them feel safer, and Baker said cities, towns and business owners that want to move slower and keep requiring masks or other safety measures are welcome to do so and should be respected.

Because at the end of the day, people are still contracting COVID-19, even if the health outcomes are somewhat improved.

On the day, Baker announced the new reopening strategy, 281 new cases of COVID-19 were reported and 336 people were hospitalized with the virus.

It was the lowest daily case count since Sept. 22.

STORY OF THE WEEK: The beginning of end of the pandemic, like its arrival, came on abruptly and could take some getting used to.


State House News Service
Friday, May 21, 2021
Advances - Week of May 23, 2021


After virtually vetting 923 budget amendments over 10 days, Senate Democrats on Tuesday formally launch debate on a $47.6 billion annual spending plan. The long review period should give senators a strong sense of which amendments will be packed into bundles for approval and rejection, and which ones will require debate and individual recorded votes to settle.

Senators are back on their traditional track toward finishing work on their annual budget before Memorial Day weekend. After that, the branches will send their differing budgets to a conference committee. The goal is to have a budget in place by the July 1 start of fiscal 2022, but legislators have shown a willingness over the years to continue working on the budget well past that deadline and this year's talks may carry added significance as it's possible that the six-member conference committee, perhaps in consultation with the Baker administration, might mark up anticipated revenues substantially based on recent revenue growth, triggering other pivotal budget decisions.

Pandemic Milestone

This year, the Saturday of the holiday weekend (May 29) brings an historic end to the remaining COVID-19 restrictions and the arrival of a face covering advisory that will permit millions of vaccinated individuals to stop masking up in many situations. The lifting of the final restrictions will come just ahead of the state reaching its goal of vaccinating more than 4 million adults, which is expected by the first week of June.

In the new normal launch on May 29, gathering limits will be rescinded, capacity limits will vanish, and all industries will be permitted to reopen, including bars and beer gardens.

But COVID-19 is still here, spreading at a slower rate and still causing hospitalizations and deaths, and masks are not entirely going away. Individuals and businesses are coming out of the pandemic at different comfort levels, ranging from jubilant to wary, and infections, vaccinations and hospitalizations will continue to be tracked to confirm progress and react to any surprises.

Vaccinations have been widespread and the shots remain available at nearly 1,000 locations, but there are pockets of the state where most people have still opted against the inoculation. Business owners are making their own decisions about mask-wearing and vaccinations, and municipalities are free to impose their own rules. In some prominent settings -- public transportation, health care, and congregate care settings -- masks will still be required. Face coverings will also remain required indoors for K-12 staff and students and early education providers.

The Legislative Agenda

Lawmakers on Thursday sent to Baker's desk a bill (H 3770) authorizing $400 million in borrowing to build a new Holyoke Soldiers' Home using a project labor agreement. They added $200 million in bonding authority for long-term care for veterans in other parts of the state, including the establishment of regional or satellite veterans' homes as well as new or expanded support for community-based care services and home-based care ...

As the pandemic's last business restrictions come down, Beacon Hill is clicking through its pandemic era laws and executive orders to determine how or whether to act upon measures that have ties to June 15, the date Gov. Baker has set to lift the March 2020 state of emergency ...

The Legislature is also still trying to erect a paid COVID-19 leave program, and on Thursday returned that proposal (H 3702, new text is H 3771) to Gov. Baker after rejecting his amendments. Baker can now either agree to the program or veto it, which would likely prompt override efforts ...

The bill on Baker's desk also addresses a problem he and many others would like to solve: rising unemployment system costs that are hitting businesses as they try to regain their footing ...

Lawmakers are inching closer to possible decisions on the future of election reforms like mail-in and early voting, and the possible introduction of a same-day reform that would allow unregistered voters to register and vote on Election Day ...

The massive American Rescue Plan Act was intended in part to stimulate the economy right away, but lawmakers and the Baker administration remain in only the preliminary stages of deciding how to allocate billions of dollars outside of the annual budget process ...

Legislators have also again waved aside calls from municipal officials for quick passage of an annual local road and bridge funding bill, which remains in committee well after the start of the spring construction season ...

Legislators have also kicked the can down the road when it comes to management of the MBTA. That was a central issue when the transit failures during the winter of 2015 led to the creation of the Fiscal and Management Control Board, but lawmakers have struggled to agree upon the makeup of a successor board, and their latest decision-making deadline on that is June 30.

Tuesday, May 25, 2021

SENATE BUDGET SESSION: The Senate launches into its annual budget debate, still operating under emergency rules that permit senators to participate remotely. Tuesday's session will likely run into the evening. (Tuesday, 10 a.m., Senate Chamber)

Wednesday, May 26, 2021

SENATE BUDGET SESSION: The Senate continues its annual budget debate, still operating under emergency rules that permit senators to participate remotely. Wednesday's session will likely run into the evening. (Wednesday, Time of session start TBD)

Thursday, May 27, 2021

SENATE BUDGET SESSION: If necessary, the Senate continues into its annual budget debate, still operating under emergency rules that permit senators to participate remotely. (Thursday, Time of session start TBD)

Friday, May 28, 2021

SENATE BUDGET SESSION: If necessary, the Senate continues into its annual budget debate, still operating under emergency rules that permit senators to participate remotely. (Friday, Time of session start TBD)

Saturday, May 29, 2021

FULL REOPENING ARRIVES: Virtually all remaining COVID-19 restrictions will lift on Saturday and the state's face covering order will be replaced with an advisory as the Baker administration fully reopens Massachusetts after more than a year. All industries will be allowed to open and operate at 100 percent capacity, industry-specific restrictions will end, and the state will no longer place a limit on gathering sizes. The new face covering advisory will encourage those who are not yet vaccinated to continue wearing masks and distancing in most settings. Masks will still be required for everyone regardless of vaccination status on public and private transportation such as MBTA and rideshares, in health care facilities, congregate care settings, rehabilitative day services, and for both students and staff indoors at K-12 schools and early education providers.


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