THE HOUSE AND SENATE. Beacon Hill Roll Call records local representatives' votes on two roll calls and local senators' votes on four roll calls from the week of March 1-5.

BAN ON CUTTING THE VOCAL CORDS OF DOGS AND CATS (H 344)

House 155-1, approved and sent to the Senate a bill that would prohibit devocalization - the cutting of the vocal cords to suppress or remove the voice of a dog or cat - except for a medical necessity to treat disease, injury or birth defects. The measure requires veterinarians who perform medically necessary devocalization to file a certificate with their local city or towns halls stating the medical reason for the surgery.

Supporters of the ban said that the surgery is inhumane and dangerous and often leads to complications and even death. They noted that it is ordered for monetary gain, not love of the animal and is often used  by show dog exhibitors to keep dogs quiet in the ring or in transit and by  breeders, who want to profit from breeding numerous dogs or cats but do not want to hear the animals barking, meowing or crying.

Opponents of the ban said that "bark softening" is a better description of the procedure. They argued that it is minor surgery. Some noted that without access to devocalization, many dogs will be given to shelters and euthanized. They said that requiring a certificate of medical necessity would violate the privacy of the animals and their owners.

Supporters of the ban countered that "bark softening" is a polite euphemism to disguise this cruel and unnecessary surgery that subjects animals to many risks and no benefits. They noted that devocalized dogs are abandoned just like any other dog, and that barking, which is not a significant reason for surrender in the first place, does not force euthanasia. They argued that removing the requirement for the filing of a simple certificate would strip the bill of any accountability.

(A "Yes" vote is for the bill banning devocalization. A No" vote is against the bill).

Rep. Thomas Calter, Yes                                     Rep. Daniel Webster, Yes                                     

ALLOW CITY OF LAWRENCE TO BORROW $35 MILLION (H 4516)

House  106-51, approved and sent to the Senate a bill authorizing the city of Lawrence to borrow up to $35 million to help solve its fiscal crisis. The measure calls for a fiscal overseer to assess the city’s ability to manage its fiscal affairs and develop a three-year operating and capital financial plan within four months of his or her appointment. If at anytime the overseer feels that the city cannot balance its budget and handle its finances, the state would abolish the overseer position and appoint a finance control board with more power to run the city's finances.

Supporters of the bill said that it is a fair one that would give Lawrence a chance to get back on its feet. They argued that giving a finance control board massive power to run the city immediately goes too far. They noted that the bill strikes a fair balance by starting with an overseer but leaving the door open to a finance control board in the future.

Opponents said that the bill does not go far enough and is weak. They noted that it provides for a weak overseer instead of a strong financial control board. Most opponents of the bill support immediate appointment of the stronger finance control board.

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

Rep. Thomas Calter, Yes                                     Rep. Daniel Webster, No                                      

BAN HAND-HELD CELL PHONES (S 2290)

Senate 16-18, rejected an amendment that would ban the use of hand-held cell phones for all drivers but allow them to use a hands-free cell phone with voice-activated dialing.

Amendment supporters said that it is dangerous to dial and talk on the phone while driving. They argued that the amendment would save lives, prevent serious injuries and make the roads safer for everyone.

Amendment opponents said that the amendment goes too far and is unnecessary government intrusion into people's cars and rights. They noted that there are already many existing laws that prohibit all types of distracted driving.

(A "Yes" vote is for the amendment banning the use of hand-held cell phones for all drivers. A "No" vote is against the ban).

Sen. Robert Hedlund, Didn't Vote                             

REGISTRY MUST NOTIFY DRIVERS WHEN THEIR LICENSE EXPIRES (H 2290)

Senate 32-2, approved an amendment reinstating the requirement that the Registry of Motor Vehicles (RMV) notify drivers by regular mail that their license is expiring - 30 days prior to the actual expiration date. This had been the state's policy until it was abolished in November 2008 when the registry announced that in an effort to save $800,000, these notices would no longer be sent out in the mail.

Following negative public reaction, the state in October 2009 instituted a revised policy that would notify drivers by e-mail, phone or text message but only if they first signed up for the notification on the RMV website. That policy, currently in effect, does not provide for notification by regular mail.

Supporters of mailing the renewal notices said that it is outrageous that the state does not preemptively notify drivers that their licenses are expiring. They noted that the current system that requires signing up on the Internet to request a renewal notice discriminates against many seniors and others who do not have computers. Some said that there has been a five percent increase in the number of drivers ticketed for driving with an expired license since the old mail system of notifying everyone was scratched. They questioned whether the whole thing is a scheme to raise money by ticketing more drivers who are driving on expired licenses.

Opponents of mailing the notices said that the current Internet sign up system is a fair one that balances the state's need to save close to a million dollars and still allow drivers to request that they be notified when it is time to renew their licenses.

A "Yes" vote is for the amendment requiring the RMV to notify drivers by regular mail that their license is expiring. A "No" vote is against the requirement).

Until and unless this part of the bill is signed into law, license renewal notices will only be sent to drivers who sign up on the RMV website at: https://secure.rmv.state.ma.us/RMVReminder/intro.aspx

Sen. Robert Hedlund, Didn't Vote                             

SENIORS MUST BE TESTED BY DOCTORS (S 2290)

Senate 33-2, approved an amendment that would require older drivers to be screened and checked by their doctors at age 75, age 80 and then every three years to determine if they are physically and cognitively capable of operating a vehicle. The amendment replaces a provision in the bill that would have had the RMV conduct these tests and would have required seniors to pass the exam every three years beginning at age 75.

Seniors who do not pass the exam would be allowed to request the right to take a road test to qualify for their license.

Amendment supporters said that the amendment improves the proposal by allowing seniors to retain their privacy and dignity and be tested in their doctors' offices rather than in a public place like the registry. They noted that a driver over 80 years old is nearly four times as likely to be involved in a fatal crash as a teenage driver.

Amendment opponents said that singling out seniors is nothing more than age discrimination and noted that they might support this type of medical testing if it applied to everyone regardless of age. They noted that there are people well over 75 who can run marathons and people in their teens, 20s and 30s who should not be driving.

   (A "Yes" is for the amendment that would require drivers 75 and older to be screened and checked by their doctors. A "No" vote is against the amendment).

Sen. Robert Hedlund, Didn't Vote                             

PRIMARY ENFORCEMENT OF TEXT MESSAGING BAN (S 2290)

Senate 24-10, approved an amendment that would make the proposal banning texting while driving a "primary enforcement" law. This means that police officers would be allowed to stop and issue tickets to a driver solely for texting. The original bill made the law a "secondary enforcement" one that prohibits drivers from being stopped solely for texting and allows an officer to issue a ticket only if the driver is stopped for another motor vehicle violation or some other offense.

Supporters of primary enforcement said that secondary enforcement is misguided, weak and ineffective and would allow drivers to continue to text as long as they are not committing an additional offense. They said that primary enforcement would save lives and pointed to accidents, deaths and injuries involving texting.  

Some opponents said that primary enforcement would lead to more cars being stopped by police officers which results in increased racial profiling. Others said that the entire bill goes too far and is another example of too much government intrusion into people's lives.  

(A "Yes" vote is for the amendment allowing police officers to stop and issue tickets solely for texting. A "No" vote is against the amendment).

Sen. Robert Hedlund, Didn't Vote                             ALSO UP ON BEACON HILL

DRUNKEN DRIVERS (S 1925) - The Transportation Committee approved a bill requiring first-time convicted drunken driving offenders to install interlock safety devices in their cars. These drivers breathe into this device that prevents the vehicle from starting if a blood alcohol concentration over a pre-set limit is detected. Current law only requires second-time drunken driving offenders to use the device.

ABOLISH BUNKER HILL DAY AND EVACUATION DAY HOLIDAYS (S 1735) - The Judiciary Committee's hearing on a proposal to abolish the Evacuation Day (March 17) and Bunker Hill Day (June 17) holidays became heated at times.

The Statehouse and other state and local government buildings in only Boston, Chelsea, Revere and Winthrop are officially closed each year on both dates. Thousands of local and state workers in those communities are given the two days off. Thousands of other state employees in all other cities and towns across the state are allowed to take the two days off or use them as "floating holidays" - a procedure under which they can take off two days of their choice during the year.

Supporters of abolishing the holidays say that eliminating the two holidays would save an estimated $5 million and would be a very important pro-taxpayer, symbolic move during a time when the state is drowning in debt and thousands of citizens have lost their jobs and houses.

Legislators who champion the holidays say that Bunker Hill Day commemorates the important Battle of Bunker Hill while Evacuation Day celebrates a key victory for the colonies as General George Washington and his troops drove the British out of Boston.

PROTECT JOURNALISTS FROM DISCLOSING SOURCES (S 1574) - The Judiciary committee's agenda last week also included legislation that would establish a "shield law" providing protection to journalists who refuse to disclose confidential sources. Protection would not be provided if disclosure of the source would prevent imminent and actual harm to public security from acts of terrorism and the potential harm "clearly outweighs the public interest in protecting the free flow of information."

Other instances in which a court could require that a reporter's notes and tapes be made available include if they are critical to the resolution of a significant legal issue, could not be obtained by any alternative means and there is an overriding public interest in the disclosure.

Other bills that were on the committee's hearing list:

ENERGY DRINKS (S 1684) - Bans sales of high-caffeine energy drinks to anyone under 18.

FIREWORKS (S 1707) - Prohibits anyone from advertising the sale of fireworks.

LEGALIZE POT (S 1801) - Legalizes marijuana and allows adults over 21 to grow it for their personal use and the use by others over 21. Also taxes the product from $150 to $250 per ounce at the retail level - depending on its quality.

NOTIFY VICTIM (H 1253) - Establishes a statewide automated victim information and notification system that would inform a victim via e-mail, phone or letter when there their jailed offender is released, escapes or is transferred to another facility.

SMALL CLAIMS (H 1361) - Raises from $2,000 to $5,000 the maximum amount for which a person can bring suit in small claims court.

DONATE LEFTOVER FOOD (H 3999) - Allows restaurants to donate their edible leftover cooked food and nonperishable food to local food pantries and shelters. Also gives a tax credit or deduction for the donation.

QUOTABLE QUOTES

"Today I brought my friend Liam who has sat in here for the last 30, 40 minutes and hasn't said a word and he's just a very good dog."

–– Rep. Cheryl Coakley-Rivera (D-Springfield) holding up her dog while arguing on the House floor for a bill that would prevent any medically unnecessary devocalization of dogs and cats.

"This is a very sad day for democracy in the Commonwealth Massachusetts."

–– Rep. Elizabeth Poirier (R-North Attleboro) accusing the House Democratic leadership of unfairly maneuvering rules to prevent a vote on a Republican amendment to the bill allowing Lawrence to borrow $35 million.

"Since I've been here, at least 36 years, I have seen thousands of further amendments to an amendment. That's not something new. Robert's Rules of Order say you can do that."

–– Rep. Angelo Scaccia (D-Boston) defending the House Democratic leadership's actions as perfectly legal and appropriate.

"I will watch over and protect the state's money as I would my own."

-– Rep. Karyn Polito (D-Shrewsbury) announcing her candidacy for state treasurer.

"Note to voters: check out what happened the last time the Republicans held the Treasurer's office."

–– John Walsh, chair of the Massachusetts Democratic Party commenting on Polito's announcement. Walsh was referring to some of former State Treasurer Joe Malone's aides who were convicted of stealing $9.4 million from the state.

"There is no doubt that there is a social cost to gaming. But, too often we forget, there is also a social cost to joblessness. We need to get people working. We will devote a portion of any gaming revenue to addiction treatment programs."

–– Speaker Robert DeLeo (D-East Boston) in a speech outlining his proposal for resort casinos and racetrack slot machine venues.

"DeLeo's claim of increased jobs and tax revenue are simply more phony prosperity."

–– From a press release by USS-Mass (United to Stop Slots in Massachusetts).

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.

Bob Katzen welcomes feedback at bob@beaconhillrollcall.com

Beacon Hill Roll Call

Volume 36 - Report No. 9

March 1-5, 2010

Copyright © 2010 Beacon Hill Roll Call. All Rights Reserved.

By Bob Katzen