Beacon Hill Roll Call Volume 39 – Report No. 4 January 20-24, 2014

Copyright © 2014 Beacon Hill Roll Call. All Rights Reserved.
By Bob Katzen

THE HOUSE AND SENATE. Beacon Hill Roll Call records local senators’
votes on two roll calls from the week of January 20-24. There were no roll calls in the House last week.

Senate 38-0, approved and sent to the House a bill that would provide relief to Massachusetts homeowners who currently lack clear title to their homes due to prior faulty foreclosures. The measure was filed in response to a Supreme Judicial Court decision that voided thousands of foreclosure sales. The court said that a foreclosure is void if the foreclosing lender could not produce a written assignment of its mortgage prior to the first publication of notice. The measure remedies this by allowing the affidavit that is recorded during the sale of the property to serve as conclusive evidence that the foreclosing lender is in compliance.

Supporters said this long overdue bill will help thousands of homeowners who unwittingly purchased an improperly foreclosed property and are currently without a clear title and consequently unable to sell or refinance their homes.

(A “Yes” vote is for the bill.)

Sen. Patricia Jehlen Yes

Senate 37-2, approved a bill that would provide $177 million over the next five years to make improvements at and expand the state’s six military installations.

Supporters said this would ensure that Massachusetts provides funding for all its major federal military bases and may help persuade the federal government not to close the state’s military bases if and when another round of closings occurs. They argued these military installations contribute more than $14.2 billion to the state’s economy and support more than 46,000 jobs.

Opponents said it is questionable whether state dollars should be used for a national purpose. They argued the money would be better spent on state problems like education, construction, health care and clean energy, all of which will also help create jobs.

The House approved a different version of the bill. The Senate version now goes to the House for consideration.

(A “Yes” vote is for the bill. A “No” vote is against the bill.)

Sen. Patricia Jehlen No


$36.374 BILLION FISCAL 2015 BUDGET – Gov. Deval Patrick fired the first shot in the likely six-month battle over the state budget. He filed a $36.374 billion state budget for the fiscal year that begins on July 1, 2014 — a 4.9 percent increase over last year. The House will hold hearings on the governor’s package and then draft its own version that will be debated and amended on the House floor. The Senate will follow suit with its own draft, and a House-Senate conference committee will eventually craft a plan that will be presented to the House and Senate for consideration and then sent to the governor.

DRIVER’S LICENSE FOR ILLEGAL IMMIGRANTS (H 3313) – Perhaps the most controversial legislation on the Transportation Committee’s February 3 hearing at 1 p.m. in Room A-2 of the Statehouse is a proposal that would allow the Registry of Motor Vehicles to issue driver’s licenses to immigrants who meet other criteria but do not have a social security number. The legislation will establish a special driver’s license for those who are unable to provide a social security number but who receive driver’s education, pass a driving test and carry insurance.

Supporters say this will ensure that these immigrants have driving skills which will make the roads safer. They noted that currently they are driving without any training or insurance because they are not allowed to get a license.

Opponents say that the immigrants are illegal and should not be allowed to get a driver’s license. They noted that some states approved a similar law but have since repealed it because these states were beginning to become a haven for noncitizens to obtain a license.

TICKET SCALPING – The Consumer Protection and Professional Licensure Committee heard testimony on six proposals that would change the state’s laws for the resale of tickets to sporting and entertainment events including some that repeal the current law that prohibits the resale of tickets for more than $2 over the face value.

Current state law dates back to 1924 and limits the resale price by individuals or companies to $2 above face value plus costs incurred by the seller related to obtaining and selling the ticket, excluding the cost of the seller’s general business operation. Allowable charges include paying for messengers to stand in line to buy tickets, postage, long-distance telephone calls and credit card fees. The current law is rarely enforced. An estimated 130 ticket resellers are currently licensed by the state.

No one testified against the bill. Supporters said the current law is antiquated and unenforceable and argued it is time to allow the marketplace to determine the price of resold tickets.

TREATMENT OF CIRCUS ELEPHANTS (S 1626) – The Committee on Tourism, Arts and Cultural Development will hold a hearing on February 3 at p.m. in Room A-1 on legislation that would ban the use of bullhooks and chains on circus elephants. Violators would be punished by up to a $5,000 fine and/or a year in jail.

Supporters of the ban say circus elephants are abused and routinely beaten with bullhooks inserted into their skin. A bullhook is a weapon that resembles a fireplace poker, with a sharp steel hook at one end.

Opponents say bullhooks simply help guide and train elephants and argue that existing animal abuse laws already cover elephants.

SEAT BELT REPORT – The Bay State received a rating that put it in the second best category ranked by Advocates for Highway And Auto Safety, an advocacy group that graded all 50 states on adoption of 15 laws it thinks are necessary to improve highway safety. Massachusetts earned points for several laws including a ban on texting while driving, prohibiting drivers under 18 from using any type of cell phone or mobile electronic device while driving and a booster seat requirement.

The state lost points for not having several laws including a primary enforcement seat belt law and a law requiring all convicted drunk drivers to have an ignition interlock device that prevents a vehicle from starting if it detects a blood alcohol concentration over a limit of .02.

ANOTHER EXIT – The number of state legislators resigning prior to the end of their current term rose to 12 last week. Rep. Steven Walsh (D-Lynn) announced he will soon resign from the Legislature to take a job beginning March 1 as executive director of the Massachusetts Council of Community Hospitals, a non-profit corporation that advocates for the Commonwealth’s community hospitals. Walsh is currently the chairman of the House Committee on Health Care Financing.


“The Pirate Party believes that innovation is sorely needed in our political system, and this ruling is part of our effort to shake up politics in Massachusetts. We are proud to have helped candidates and political committees take advantage of the opportunities that cryptocurrencies offer.”

Lucia Fiero, secretary of the Massachusetts Pirate Party, on a ruling by the Office of Campaign Finance that registered political committees can now accept donations in Bitcoin, a controversial peer-to-peer digital currency, as long as the same disclosures, source and limit restrictions required by state law are followed.

“I am struck by the fact that somehow this little boy didn’t slip through the cracks at one level. (He) slipped through the cracks on three separate levels.”

House Committee on Post Audit and Oversight Chairman David Linsky (D-Natick), chairing a hearing about why the state lost track of 5-year-old Jeremiah Oliver of Fitchburg, who is still missing.

“I’ve been handicapped and handcuffed by the state. There are many risks that we take being a secondary seller. It’s just very frustrating. I’d just urge all of you to realize that you have a law sitting on the books that’s almost 100 years old with this $2 cap on it, and it’s just not realistic, and all it does is lead to a black market.”

Ace Tickets owner Jim Holzman urging repeal of the current law that prohibits the resale of entertainment and sports tickets for more than $2 over the face value.

“The budget released today by Gov. Patrick is not enough to sustain the fight against HIV/AIDS in Massachusetts. State funding for outreach, prevention, and testing of HIV/AIDS and viral hepatitis has been slashed by nearly 40 percent since 2000. During that same period, the number of people living with HIV/AIDS in Massachusetts has increased 44 percent.”

Rebecca Haag, AIDS Action CEO, on Gov. Patrick’s recommended funding of HIV/AIDS and Viral Hepatitis in the fiscal 2015 budget.

HOW LONG WAS LAST WEEK’S SESSION? Beacon Hill Roll Call tracks the length of time that the House and Senate were in session each week. Many legislators say that legislative sessions are only one aspect of the Legislature’s job and that a lot of important work is done outside of the House and Senate chambers. They note that their jobs also involve committee work, research, constituent work and other matters that are important to their districts. Critics say that the Legislature does not meet regularly or long enough to debate and vote in public view on the thousands of pieces of legislation that have been filed. They note that the infrequency and brief length of sessions are misguided and lead to irresponsible late night sessions and a mad rush to act on dozens of bills in the days immediately preceding the end of an annual session.

During the week of January 20-24, the House met for a total of eight hours and 32 minutes and the Senate met for a total of two hours and 48 minutes.

Mon. January 20 No House session
No Senate session

Tues. January 21 House 11:06 a.m. to 3:52 p.m.
Senate 11:02 a.m. to 11:20 a.m.

Wed. January 22 No House session
No Senate session

Thurs. January 23 House 11:07 a.m. to 2:53 p.m.
Senate 1:00 p.m. to 3:30 p.m.

Fri. January 24 No House session
No Senate session

Bob Katzen welcomes feedback at

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