THE HOUSE AND SENATE. Beacon Hill Roll Call records the votes of local representatives on two roll calls and the votes of local senators on one roll call from the week of June 7-11.

ALL-TERRAIN VEHICLES (H 4744)

House 143-11, approved a bill that would prohibit youngsters under 14 from operating off-road recreation vehicles including all-terrain vehicles (ATVs), dirt bikes and snowmobiles. The measure would allow anyone between 14 and 16 to operate only smaller ATVs and require them to be supervised by someone over 18.

Other provisions include requiring that drivers 18 and younger complete a rider safety program before operating an ATV; requiring the parents of an operator under 16 to complete at least one session of the safety program and imposing strict penalties upon those who ride ATVs recklessly or negligently or while under the influence of an intoxicating substance.  

The effort to approve this bill is being spearheaded by Mark and Katie Kearney, the parents of Sean Kearney, an eight year-old-boy who in 2006, unbeknownst to his parents, drove an adult-sized ATV at a friend's home and died from injuries sustained in an accident.

Supporters said that since 1980, thousands of children across the nation have died in ATV accidents and hundreds of thousands have been seriously injured. They argued that children under 14 do not have the physical or mental capacity or skill to drive these dangerous vehicles. They noted that these new restrictions will save lives and prevent serious injuries.

Some opponents said that the bill goes too far and is another example of the government intruding unnecessarily into people's lives. Others said that this was feel-good legislation that would be difficult to enforce and argued that more education about the dangers of ATVs would be more effective.

The Senate has approved a different version of this proposal. The House version now goes to the Senate for consideration.

(A "Yes" vote is for the new rules and regulations. A "No" vote is against them.)

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

                          
NO LIABILITY FOR LANDOWNERS (H 4744)

House 45-108, rejected an amendment that would protect property owners from liability if the driver of an ATV is injured on the owner's property. These landowners include individuals as well as the state, cities and towns. The liability protection only applies to owners who are not at fault because of their own reckless conduct.

Amendment supporters said that current law is vague and offers this liability protection to property owners who allow their land to be used for many purposes including recreational, conservation, scientific, educational, environmental, religious and charitable. They argued that it is unclear whether ATV driving is included and noted that the amendment would specifically include it. They noted that property owners would be more inclined to open their land for ATV use if they will not be liable for injuries.

Some amendment opponents said that current law already covers ATV driving and that the amendment is unnecessary. Others said that the amendment might be too protective of landowners at the expense of ATV drivers.
(A "Yes" vote is for protecting property owners from liability. A "No" vote is against the protection.)

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

                          
UPHOLD RULING OF SENATE PRESIDENT ON ROTC ISSUE

Senate 31-5, upheld the ruling of Senate President Therese Murray that an amendment to a bill that would make it a specific crime to assault health care workers is out of order because it goes beyond the scope of the bill. The amendment would exempt high school instructors of the Reserve Officer Training Corps (ROTC) from being required to pay union dues.

The amendment was filed in reaction to an incident involving retired Marine Maj. Stephen Godin, an ROTC instructor at North High School in Worcester. The Education Association of Worcester has ordered Godin to start paying close to $500 in annual union dues or be fired from his job. Godin has refused to pay the dues. He says that his salary and health insurance are paid by the military and that he gets no union benefits.

Supporters of Murray's ruling said that the amendment has nothing to do with the health care worker assault legislation. Some acknowledged that they support the amendment but argued that it should be filed as separate legislation that would go through the entire legislative process including the public hearing process.

Opponents of Murray's ruling said that both the bill and the amendment are about workers and argued that the amendment should be allowed on the floor. They said that Godin has taught at the school for 14 years without ever being asked to pay union dues and should not be forced to do so now.

(A "Yes" vote supports Murray's ruling that the amendment should not be allowed on the floor for debate. A "No" vote is against Murray's ruling and favors debate on the amendment.)

Sen. Robert Hedlund, No                                      

ALSO UP ON BEACON HILL

PUBLIC HEARING ON CASINOS AND SLOTS IN BAY STATE - A Statehouse hearing room was packed last week with vocal supporters and opponents of casino gambling testifying at a Senate Ways and Means Committee public hearing. The House in April approved a bill that would authorize two resort casinos and up to 3,000 slot machines - 750 at each of the state's two horse racing tracks and two former dog racing tracks. Gov. Patrick's plan and the initial Senate draft do not include the slot machines. The Senate is expected to debate and vote on its own version in a few weeks.
CORPORATE MANSLAUGHTER (H 1614) - The House approved and sent to the Senate a bill that would increase the current $1,000 fine to up to $250,000 for the crime of "manslaughter by a corporation." This current law allows a corporation to be convicted and punished for culpable conduct that leads to a person's death.

LOWER SPEED LIMITS (H 4728) - The House  gave initial approval to a bill that would reduce the speed limit on local roads in newly designated urban areas from 30 mph to 25 mph. Current law limits travel to 30 mph in "a thickly settled or business district." The measure retains that restriction but also creates a new urban district - thickly settled urban areas that are primarily comprised of businesses or houses that are very close together. Supporters said that the 30 mph limit is too high for those areas and argued that the bill would decrease accidents, save lives and prevent injuries.

LOTTERY FOR LOW LICENSE PLATES - The Registry of Motor Vehicles (RMV) announced that on June 14 it will begin taking applications for the 2010 Low Number License Plate Lottery. This year's goodies include 179 low license plates including R12, F17 and 55A. Applications will be available at all RMV branches and online at www.mass.gov/rmv. All entries must be mailed and postmarked by August 9. The drawing will be held on August 28.

ACROSS-THE-BOARD CUTS - Gov. Patrick proposed that the state budget be cut 3.6 percent across the board if the anticipated $600 million plus in federal funds, already factored into pending fiscal 2011 budget proposals, do not materialize. The governor's proposal would exempt Chapter 70 education aid, unrestricted local aid and mandatory debt service payments. His plan would also give cabinet secretaries the power to transfer funds among their agencies.

CHANGE CHARITY LAWS AND INCREASE FEES (H 4726) - The House approved a bill making changes to the state's charity laws. A key provision gives the attorney general the authority to issue civil penalties to charities that do not register with the state. Other provisions increase registration and filing fees for charities including imposing a new one-time initial registration fee of $100 and increasing the registration fee for professional solicitors from $300 to $1,000.

Supporters said that many charities fail to register and argued that the bill would generate more than $2 million in revenue for the state. Opponents said that the fee and registration hikes are outrageous and noted that many charities are already suffering financial problems during the recession as donations decline. The Senate has approved a different version of this proposal. The House version now goes to the Senate for consideration.

MOTORCYCLE PERMITS FOR UNDER 18 (H 4727) - The House approved legislation that would require applicants under 18 to successfully complete a motorcycle basic rider course in order to receive a motorcycle driver's learning permit. This new requirement would be in addition to current law that requires applicants under 18 to have parental consent and pass a written test and eye exam. Supporters said that the majority of motorcycle deaths involve inexperienced riders under 18 who have a permit and do not yet have a license. The Senate has approved a different version of this measure. The House draft now goes to the Senate for consideration.

QUOTABLE QUOTES

"Here's a news flash. Parenting is not what it used to be. Parents are not as involved in their children's lives as they once were. It's incumbent upon us to pass this law."

–– Rep. Thomas Calter (D-Kingston) speaking in support of a bill that would prohibit youngsters under 14 from driving an ATV.

"Better days are ahead."

–– Gov. Patrick at the end of his written message to the House and Senate leadership in which he talks about the possibility of more budget cuts.

"I urge you not to go down the casino road, a road that is littered with economic blight, social distress and environmental insult."

–– Green-Rainbow Party gubernatorial candidate Jill Stein testifying against allowing casinos in Massachusetts.

"Gov. Patrick's tax and regulatory policies have pushed Massachusetts into the unenviable position of being one of the worst states in which to operate a business in the country."

–– Charlie Baker, Republican candidate for governor in a statement calling for a sales tax holiday this summer.
Beacon Hill Roll Call

Volume 36-Report No. 23
June 7-11, 2010
Copyright © 2010 Beacon Hill Roll Call. All Rights Reserved.