Beacon Hill Roll Call
By Bob Katzen
The Massachusetts Legislature, week of Sept. 14-18, 2020
THE HOUSE AND SENATE
There were no roll calls in the House and Senate last week. This week, Beacon Hill Roll Call presents part two of a look at many of the COVID-related bills that have been filed in 2020 and an update on their current status.
COVID-19 LEGISLATION SIGNED INTO LAW – Here are some of the key COVID-19 bills that have been approved by the House and Senate during the pandemic and signed into law by Gov. Charlie Baker.
NO COVID-19 LIABILITY (S 2635) – Makes health care professionals and health care facilities immune from lawsuits and civil liability for any damages alleged to have been sustained by an act or omission by the health care professional or health care facility in the course of providing health care services during the period of the COVID-19 emergency. The immunity would not apply in instances of gross negligence, recklessness, conduct with an intent to harm or in cases which discriminate based on race, ethnicity, national origin, religion, disability, sexual orientation or gender identity. The proposal was based on a bill filed by Baker.
Baker said the legislation would provide health care workers and facilities with protections from civil liability while they are on the front lines of fighting the COVID-19 pandemic. “I cannot overstate the urgency of enacting this legislation,” said Baker when he filed the bill. “We need to ensure that fear of liability will not prevent the commonwealth and its medical institutions from acting decisively to deliver the kind of medical response we need during this pandemic.”
IMPROVE UNEMPLOYMENT BENEFITS (S 2618) Provides additional unemployment insurance relief to low-income families, nonprofit institutions and employers. Provisions include ensuring 30 weeks instead of 26 weeks of unemployment compensation during any week in which there are more than 100,000 claims; extending the grace period for contributions for many nonprofits that self-insure for unemployment claims; protecting employers from increased unemployment insurance costs due to COVID-19; and removing a cap that results in many low-wage workers not receiving additional amounts of unemployment insurance
“In the wake of the novel coronavirus, unemployment has become one the most pressing issues for the Legislature,” said Sen. Michael Moore (D-Millbury) “It is our job to support and assist residents of the commonwealth and this legislation is evidence of that.”
$1.1B FOR COVID-19 RESPONSE (H 4853) – Provides $1.1 billion to cover expenses related to the response to the COVID-19 pandemic. Gov. Baker had been urging the Legislature to quickly get a spending bill to his desk because the state cannot be eligible for federal reimbursements for costs related to COVID-19 until a package is approved by the Legislature and signed by the governor.
Provisions include $350 million for personal protective equipment; $139 million for rate add-ons to providers of congregate care and other essential human services; $93 million for incentive pay for state employees at facilities that are in operation 24 hours a day; $85 million for field hospitals and shelters; $44 million for the Community Tracing Collaborative; $36 million for emergency child care for essential workers; and $13.5 million for local housing authorities.
The measure also makes Juneteenth Independence Day an official state holiday. Juneteenth, derived from the date June 19th, marks the day – June 19, 1865 – that enslaved African Americans in Texas finally received word from Union Army Gen. Gordon Granger that they were free, more than two years after President Abraham Lincoln issued the Emancipation Proclamation freeing all slaves. News of, and enforcement of, Lincoln’s proclamation relied on the advancement of union troops which were slow to reach Texas and enforcement had been slow and inconsistent prior to Granger’s announcement in Galveston, Texas.
ALLOW RESTAURANTS TO SELL HARD LIQUOR (H 4856) – Allows restaurants to sell sealed containers of mixed drinks with take-out and delivery orders. A law passed in April allows restaurants and bars to sell limited quantities of beer and wine, in their original containers, with takeout and delivery orders. That law did not include mixed drinks.
The proposal requires orders for cocktails to be placed by midnight or earlier if the establishment closes before that. The measure defines mixed drinks as a drink sealed in a container holding up to 64 fluid ounces of liquor and mixer that have been combined.
ALSO ON BEACON HILL
COVID-19 LEGISLATION NOT YET ACTED ON BY THE LEGISLATURE – Here are some of the COVID-19 bills that have been filed and have not yet been acted upon by the Legislature:
COLLEGES WILL NOT BE HELD LIABLE (S 2644) – On April 13, Sen. Walter Timilty (D-Milton) filed a bill that would grant indemnity from lawsuits to public and private colleges as a result of any act or omission by the institution when it develops, manufactures, tests or distributes personal protective equipment in response to COVID-19, unless the act or omission constitutes willful, wanton or reckless conduct.
BUSINESS INTERRUPTION INSURANCE (S 2655) – On April 6, Sen. Jamie Eldridge (D-Acton) filed a bill that would require insurance companies to cover businesses’ costs if they close down due to the COVID-19 pandemic. Eldridge said the bill would also allow insurers to apply for reimbursement for the costs through the Division of Insurance, and then allow the Division of Insurance to reimburse licensed insurers that sell business interruption coverage.
“Business owners are in a financial crisis as a result of the coronavirus pandemic, while facing the requirement to pay rent, various business costs and employee wages,” said Eldridge. “Many of these businesses purchased business interruption insurance, yet in speaking to their insurance agents, have confirmed that this insurance does not cover virus pandemics.”
ECONOMIC RELIEF (H 4727) – On March 26, Rep. Tami Gouveia (D-Acton) filed a bill that would provide $1,000 to Massachusetts residents with a one- or two-person household earning up to $84,000 annually; three-person household earning up to $105,000 annually; and four- or more-person households earning up to $131,000 annually. Each household with a dependent would receive an additional $500 per dependent.
“The goal of this bill is to provide immediate economic relief to our residents and families hardest hit by the economic ramifications of the COVID-19 pandemic,” said Gouveia. “This legislation is especially important for workers in the gig economy, independent contractors, part-time workers and others who had to wait weeks and sometimes months to collect unemployment benefits, potentially falling behind on rent, mortgage or credit card payments. Direct cash assistance cannot be our sole solution to the widespread and ongoing economic consequences of this pandemic, but it will be a critical lifeline for our residents who may not have access to savings or family resources to support them in this difficult time.”
Bob Katzen welcomes feedback at bob@beaconhillrollcall.com.
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