There were no roll calls in the House or Senate last week. The two branches held only informal, lightly attended sessions at which there can be no roll calls and at which it only takes one member to stop the proceedings by questioning whether a quorum of 81 members in the House and 21 in the Senate is present.
If a quorum is not present, the session is required to end. That happened twice in the House last week.
The COVID-19 pandemic was once again the focus on Beacon Hill last week. However, the Democrats, led by House Speaker Bob DeLeo, D-Winthrop, and the Republicans, led by Minority Leader Brad Jones, R-North Reading, ended their bipartisan honeymoon of working together the past few weeks during which they had approved several bills related to the virus.
On Monday, the State House News Service reported that approximately 24 House members, two court officers, two reporters, one House aide and the House clerk were in the chamber. At Thursday’s session, there were about 31 House members, four court officers, a House aide and the House clerk.
Some members accused the House of violating Gov. Charlie Baker’s executive order limiting public gatherings to 10 people.
Beacon Hill Roll Call has reviewed the executive order, and it exempts the Legislature, all municipal legislative bodies and the Judiciary.
The plan was for the House to vote last Wednesday on a temporary emergency set of House rules that would allow members to “attend” formal sessions remotely, and to debate and vote from home by use of their telephones. Formal sessions are where debate and roll call votes are held in the House. The House has not held a formal session since March 5 because of the stay-at-home advisory to prevent the spread of COVID-19.
The new rules would have given the House the authority to eventually give final approval on a required roll call vote to Gov Baker’s bill that would allow the state to borrow money to tide it over during the revenue shortfall created by the pandemic, which has led to a severe reduction in tax revenue for the state. A roll call is not required to give initial approval to the bill, but would be required to enact the bill at its final stage.
Rep. Jones said that under current rules, the House could have given initial approval to the borrowing bill by unanimous consent during last Wednesday or Thursday’s informal session, sent it over to the Senate for action and have additional time to negotiate the emergency rules. He noted that the process allowing for remote voting would only need to be agreed to and in place by the final approval (enactment) stage.
The emergency rules as drafted would allow for the continuation of remote formal sessions, thereby allowing for roll calls on other bills until the emergency is lifted, but not later than the end of the 2020 session in early January.
But it didn’t quite go according to plan. The rules proposed by DeLeo were controversial, and some of them were opposed by Republicans as well as some Democrats. The most controversial rule would have required a roll call vote when 25 percent (40 members) request it. That would have replaced the current rules requiring only 10 percent (16 members). The new rule was ditched amidst protests that this would be a step back from transparency.
There were still other sticking points. Republicans expressed concerns regarding the new limit on how many times a member can be recognized, a 10 a.m. deadline to sign up to debate on a given day and the inability for members to know how long a recess, or break, might last. In addition, the GOP wanted to sunset the emergency rules after the governor’s borrowing bill was given final approval and spend more time putting together a package agreeable to both sides for future sessions during the pandemic.
Assistant Majority Leader Joseph Wagner, D-Chicopee, defended the emergency rules and said they were fair to all members, including House Republicans. He acknowledged that the proposed rules of having people sign up to debate and getting only one chance to speak would be more limiting than during normal times, but added that “these are uncharted waters and unprecedented times.”
Negotiations continued throughout the week, but ultimately an agreement could not be reached and at both sessions, Jones doubted the presence of a quorum (81 members) necessary for the House to continue business. Since only a handful of legislators were present, under House rules, the lack of a quorum means the House was forced to adjourn.
Backers of four ballot questions that still have a chance to make it on the November 2020 ballot got a break last week when Supreme Judicial Court Justice Barbara Lenk ruled that the groups will be allowed to collect the 13,347 additional signatures they need electronically by online means as well as in person.
Proponents of the ballot question will be allowed to post and distribute online the PDF version of both sides of the form that a voter must sign. The organizers have said for weeks that COVID-19 and social distancing will unfairly result in fewer volunteers going out on the street to gather signatures and fewer people willing to sign.
“Either (they) risk their health and the health of voters to satisfy unjustifiable and unachievable ballot restrictions and participate in democracy, or protect their health and give up their fundamental right to access the ballot,” the proponents argued.
Proponents filed an emergency petition with the court last week seeking assistance. At the time, they said they had engaged in talks about relief with Secretary of State Bill Galvin, but that the time-sensitive nature of the problem warranted immediate action from the court. The court sided with the proponents.
There are two ways that a voter who wants to place a question on the November 2020 ballot can sign the petition. The first way would be to print out the form and sign it by hand, then mail or email it back to the campaign. The other option to avoid printing out the form is to apply an electronic signature directly to the form and email it back to the campaign.
The four proposals would authorize ranked-choice or instant runoff voting in elections; allow all grocery stores to sell beer and wine; require that motor vehicle owners and independent repair facilities be provided by auto manufacturers with expanded access to mechanical data related to vehicle maintenance and repair; and change the way the state funds nursing homes.
Months ago, backers had gathered the 80,239 signatures to put the measures before the Legislature. If their proposal is not approved, supporters must collect an additional 13,374 certified signatures to send to local election officials by June 17 and to Secretary of State Bill Galvin’s office by July 1.
Gov. Baker signed into law a bill that authorizes a notary public to notarize documents via electronic video conferencing in real time as long as both the notary and each principal involved in the transaction are physically located within Massachusetts. A notary public’s duty, as described by the National Notary Association’s website is “to screen the signers of important documents for their true identity, their willingness to sign without duress or intimidation, and their awareness of the contents of the document or transaction.” Documents include mortgages, wills, trusts, durable power of attorney, health care proxies and caregiver authorizations. The new law will sunset three days after the state of emergency is lifted by the governor.
Supporters said the COVID-19 pandemic has held up the notarization and validity of thousands of important documents across the state because all the parties are practicing social distancing, are sheltering in place and hesitate to meet in an office with other people.
“With each passing day, the need for virtual notarization has become more critical,” said Sen. John Keenan, D-Quincy, who was instrumental in the bill’s drafting and passage. “I’m pleased the Legislature passed, and the governor signed, legislation that allows important documents to be notarized remotely so our friends and families have the ability to settle these personal matters. We should give our families and friends, faced with difficult decisions, some peace of mind.”
To become a notary public, you must be at least 18 years old, live or work in Massachusetts and complete an application, which also requires you to obtain four signatures of community members. If you are interested in becoming a notary public, visit bit.ly/2yrr4n7.
Gov. Baker signed into law a bill to improve the delivery of public health services through enhanced collaboration between local boards of health and regional health districts. A key provision creates a State Action for Public Health Excellence Program to encourage boards of health and regional health districts to adopt practices that will improve the efficiency and effectiveness of the delivery of local public health services. The program would also provide grants to improve these health systems and requires not less than 33 percent of the grants go to cities and towns with a median household income below the state average.
Other provisions include the state providing at least four annual free public health educational and training opportunities to boards of health and regional health district officials; and setting minimum standards for local public health services.
Each of the state’s 351 cities and towns has its own board of health, which is designed to ensure many health-related items including food safety in restaurants, response to public health emergencies, housing code violations and water quality at beaches and pools. Cities and towns have vastly different staffing levels and most small towns lack a full-time staff.
“This bill will allow for a more effective and efficient delivering of local and regional public health services and ensure that our public health staff have access to necessary training and professional development opportunities,” said Rep. Hannah Kane, R-Shrewsbury, a member of the Special Commission on Local and Regional Public Health. “As we see evident in the current pandemic, our public health officials are on the front line in our communities, and this bill provides them with the support necessary to best serve residents.”
Rep. Josh Cutler, D-Duxbury, filed a bill that would allow consumers to sue for up to triple damages any travel company, travel agency, tour business or travel agent that fails to provide a full refund of money to the consumer for any school-related educational trip, tour or excursion canceled as a result of the COVID-19 pandemic or other declaration of emergency.
“The bill was originally filed after a group of parents came to me when their school’s eighth-grade bus trip was canceled and the company withheld $250 from each student’s deposit,” Cutler said. “I have subsequently heard from many other parents and learned this practice may be even more widespread. The deck is often stacked against students and their parents in this scenario, and this bill would help to level the playing field.”
Raise Up Massachusetts is leading the charge for legislation that would provide 10 additional workdays (80 hours) of job-protected paid sick time for immediate use during the COVID-19 pandemic. The time would be available to employees not covered by the paid sick time provided by the federal government through the Families First Coronavirus Response Act.
Workers who take this sick time would be paid by their employers at their regular rate of pay, up to a maximum of $850 per week. Employers would then be reimbursed by the state. The sick time is available for workers to care for themselves or a family member if they are: diagnosed with COVID-19; experiencing its symptoms and awaiting a diagnosis; quarantined or self-quarantined; or in belief that their health is at risk.
“Anyone who feels sick or may have been exposed to COVID-19 should be able to stay home and avoid exposing others to the virus,” said Deb Fastino, executive director of the Coalition for Social Justice and a co-chair of Raise Up Massachusetts. “But many workers can’t miss work to care for themselves or their family because they’d lose the pay they need to make ends meet. Massachusetts needs to pass Emergency Paid Sick Time legislation to fill the gaps in the federal response and ensure that all workers can take paid sick time during this crisis.”
The Gaming Commission voted 5-0 to extend the closing of the state’s three casinos until at least May 18. Operational status and the decision whether to keep the casinos open beyond May 18 will be reviewed prior to that date. The decision is in keeping with Gov. Baker’s extension of his order that non-essential businesses be shut down and mass gatherings be banned. The commission first closed the casinos on March 14.
The closure adds to the state’s financial woes because gambling generates about $20 million per month in tax revenue. Combined with major losses in sales, meals, gas and other types of taxes, the state is expected to lose billions of dollars in revenue.
The House gave initial approval in March to a measure that would give motorcycle owners 10 days, instead of the current seven days, to get their vehicle inspected. The proposal is currently tied up in the Bills in Third Reading Committee.
Supporters said the additional three days are necessary because there is not an abundance of stations that perform motorcycle inspections and riders are often not able to ride on rainy and snowy days.
Also currently tied up in the Bills in Third Reading Committee, after receiving House approval in March, is legislation that would ban checkpoint safety stops that are based on the type of vehicle or adornment of the vehicle and/or its operator. Current federal law bans the usage of federal funds to conduct motorcycle-only checkpoints.
“This legislation is intended to clarify that motorcycles should be held to the same standards as other vehicles when it comes to vehicle checkpoints,” said the measure’s sponsor Rep. Carolyn Dykema, D-Holliston, when the bill was approved in March. “Roadway safety checkpoints should apply fairly to all vehicles on the roadway and not single out any specific type of vehicle, including motorcycles.”