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CLT UPDATE
Friday, July 13, 2012

Last Man Standing — What's with Gov. Mini-ME?


House lawmakers on Wednesday quickly batted aside Gov. Deval Patrick’s vetoes and amendments on a handful of controversial issues in the state budget, rejecting his stands on closing Taunton State Hospital, limiting restrictions on uses of public assistance electronic benefits cards, and providing residency proof for motor vehicle registrations....

House lawmakers rejected the governor’s recommended amendment on EBT benefits, with 152 members voting against it....

House Speaker Robert DeLeo on Monday said he anticipated that the governor would veto the EBT restrictions if the Legislature did not go along with his amendment recommendations, but he said he expects the House would override a veto.

State House News Service
Wednesday, July 11, 2012
House dispenses with Patrick plans on EBT,
registrations, Taunton Hospital


House lawmakers defied Governor Deval Patrick Wednesday and voted overwhelmingly to advance a measure that would prevent welfare recipients from spending their benefits on alcohol, lottery tickets, tobacco, and other items.

Patrick had sent the measure back to the Legislature Sunday, seeking changes and accusing lawmakers of “political grandstanding” on a hot-button issue.

House members, some of whom were incensed by the governor’s comments, rejected Patrick’s changes Wednesday and approved the measure he had rejected, which would also prohibit welfare recipients from using Electronic Benefit Transfer cards to buy pornography, jewelry, and tattoos....

The Senate must approve the House measure before it would be sent back to the governor, who would have a chance to veto it and send it back to the Legislature again.

The Boston Globe
Thursday, July 12, 2012
Mass. House defies governor on welfare spending crackdown


Massachusetts Gov. Deval Patrick accused the Legislature of "political grandstanding" this week as he rejected some of the EBT reforms lawmakers included in the new state budget.

Then Patrick promptly mounted the grandstand himself....

House Speaker Robert DeLeo, bristling at Patrick's "grandstanding" slap, said the House of Representatives could take up Patrick's proposed changes as early as today.

"When you are talking about saving taxpayers money from fraud, I don't think that's political grandstanding," DeLeo said.

We agree. The real problem with the Legislature's reform proposal is that it doesn't go far enough. For one thing, it would still allow EBT card holders to use the system like an ATM, withdrawing cash they can spend on anything, anywhere.

If they are serious about reform, lawmakers should stick by their guns and override Patrick's would-be vetoes.

An Eagle Tribune editorial
Wednesday, July 11, 2012
Patrick shows he's not serious about EBT reform


The Senate on Thursday rejected Gov. Deval Patrick's amendment regarding electronic benefit transfer cards and and his amendment regarding motor vehicle registration identification requirements....

House Speaker Robert DeLeo said earlier this week he anticipates the governor will veto the EBT reforms, but he expects the House to override the veto.

State House News Service
Thursday, July 12, 2012
State Capitol Briefs
Senate rejects Guv's EBT, vehicle registration amendments


Things are starting to get testy on Beacon Hill.

Senate President Therese Murray yesterday became the latest lawmaker to take exception to Gov. Deval Patrick’s jab that they’re guilty of “political grandstanding” on EBT card reform.

“Sometimes in the heat of the moment people say things that maybe they don’t mean,” Murray said of Patrick.

The Senate rejected Patrick’s EBT amendments yesterday — a day after the House did the same. Patrick is likely to veto the House and Senate’s actions, but both chambers are expected to override Patrick and put their reforms into law by the end of session on July 31.

Murray’s comments came a day after House Speaker Robert DeLeo said he felt Patrick thought the House was unleashing an attack against poor people by targeting EBT card waste and abuse. DeLeo also said he was “disappointed” by Patrick’s choice of words and didn’t think saving taxpayers’ money from fraud amounted to political grandstanding.

The Boston Herald
Friday, July 13, 2012
Senate’s Therese Murray piles on Deval Patrick for EBT gibe


The Massachusetts Senate has rejected Gov. Deval Patrick’s budget proposals to restrict businesses that can accept welfare benefits.

State senators rejected the welfare measure in a voice vote during their Thursday session.

Prior to the Senate session, Patrick told reporters his welfare proposal would have created a practical way to combat fraud, but lawmakers criticized the amendment for weakening their proposed restrictions.

The welfare amendment now heads back to Patrick for consideration.

The Patriot Ledger
Friday, July 13, 2012
Legislature, Patrick continue tug-of-war over restrictions on EBT use


Chip Ford's CLT Commentary

Okay the House and Senate resoundingly overrode His Excellency the Governor's vetoes, aka "recommendations." We thought that would be the end of it.

Apparently Deval Patrick, Governor of the Commonwealth, can make such recommendations and return the state budget bill passed by the Legislature. He did, and the Legislature in response handed him his head.

Next, apparently, he has yet another shot to veto and to be overridden again.

We are dealing here with the next fiscal year's state budget, $32.5 Billion. That is what is being discussed. Bear in mind that at $32.5 billion, this proposed state budget for the coming (actually current, since it legally commenced on July 1) fiscal year is $1.76 Billion higher than the current year’s budget when it was enacted at this time last year.

With the final vote we (through our elected representatives in the House and Senate) will adopt or reject the next fiscal year budget.

The minor EBT reforms within the budget bill, mere tweak at the edges, are only intended to dilute some of the worst of the worst abuses; recently exposed fraud over the past year of the state squandering of our collected taxes.

If these watered down then diluted reform tweaks can't happen now, then where and when can they?

Here in Massachusetts all too many important issues like this wind up in this one annual budget bill courtesy of our "full-time" Legislature. We taxpayers need to address reforms here or not address them at all.

If not now, when? If not now why not?

Now we know all too well of the abuses. Why not correct them, now that they have been revealed?

In the big picture they may not amount to much but where else do we start?

If we can't do it here and now, where and when can we start?

Chip Ford


 

State House News Service
Wednesday, July 11, 2012

House dispenses with Patrick plans on EBT, registrations, Taunton Hospital
By Colleen Quinn

House lawmakers on Wednesday quickly batted aside Gov. Deval Patrick’s vetoes and amendments on a handful of controversial issues in the state budget, rejecting his stands on closing Taunton State Hospital, limiting restrictions on uses of public assistance electronic benefits cards, and providing residency proof for motor vehicle registrations.

Taunton State Hospital will remain open with 45 long-term care beds if the Senate goes along with the House vote to override the governor’s veto. Patrick vetoed $5.1 million that would have allowed the hospital to stay open, saying in his message to the Legislature that he was striking the funding and legislative restrictions “which prohibit the planned consolidation of department services.”

Since the beginning of the year, the Patrick administration has been pushing a plan to close the mental health hospital in southeastern Massachusetts and move patients and jobs to a newly built state facility in Worcester. Lawmakers in both branches from that part of the state have vociferously fought the change.

House lawmakers Wednesday unanimously voted to keep the hospital open with 45 beds, and also preserved funding to launch a study conducted by an independent contractor to look at the mental health services available across the state. After the vote, Rep. Patricia Haddad (D-Somerset) one of the lawmakers defending Taunton Hospital in the House, said she was “so happy.”

“It is really about the big picture and fairness,” Haddad told the New Service.

Before lawmakers voted, Haddad said on the floor if the governor’s veto stood then people in southeastern Massachusetts will not have access to the full continuum of mental health care.

“I ask you if your loved one had a heart condition and you were told the only place they could go was Worcester, how would you feel? I am asking you if that is fair to people with mental illness and their families. I think you are all going to answer no, it is not fair,” Haddad said.

On welfare reform, the governor suggested amendments to sections that would have prohibited certain purchases with EBT cards, saying on Sunday when he signed the budget, “I’m not going to do anything that makes vulnerable people beg for their benefits. This notion of humiliating poor people has got to be separated from how we make a program, and frankly separated and disposed of, from how we make a program work and work well."

Patrick signed provisions that allow the state Inspector General to investigate cases of eligibility fraud, and supported new criminal penalties for food stamp trafficking.

Patrick said his recommendations were more in line with those of an EBT Commission, and would restrict the use of EBT cards for the purchase of alcohol, tobacco and Lottery, along with preventing purchases at liquor stores; casinos, strip clubs, adult bookstores or adult paraphernalia shops, firearms and ammunitions dealers, tattoo parlors, spas, bars and drinking establishments, and cruise ships.

He dropped some items from the Legislature's list, including jewelry and manicures, arguing it's more feasible to restrict purchases in types of establishments, rather than trying to list prohibited goods or services. The governor also vetoed $400,000 for a new State Police benefit fraud unit, calling it "duplicative" of other state expenditures.

House lawmakers rejected the governor’s recommended amendment on EBT benefits, with 152 members voting against it. Rep. Charles Murphy (D-Burlington), who announced he is leaving the Legislature at the end of July, was the lone vote with the governor.

“That was a vote in support of my governor and I think it was the right thing to do,” Murphy told the News Service after the vote.

House Speaker Robert DeLeo on Monday said he anticipated that the governor would veto the EBT restrictions if the Legislature did not go along with his amendment recommendations, but he said he expects the House would override a veto.

Rep. Carl Sciortino (D-Medford) voted against the governor’s recommendations, but was conflicted about it because he said some of the restrictions are “not enforceable.” Sciortino said he hoped lawmakers would have a conversation about how to help families, rather than just looking at limiting purchases.

Patrick also returned a section with an amendment that he said would tighten identification requirements for vehicle registration without asking Registry of Motor Vehicles employees to enforce federal immigration laws. He rejected a new requirement that applicants for motor vehicle registration would have to provide "proof of legal residence," including a driver's license or social security number, describing the proposal as “murky” and “overbroad.”

Without any debate, lawmakers rejected the governor’s amendment with 11 members voting for it and 140 against.

If the Senate joins the House in rejecting Patrick’s amendment, the branches would then likely return their original proposals back to the governor.

Matt Murphy contributed reporting


The Boston Globe
Thursday, July 12, 2012

Mass. House defies governor on welfare spending crackdown
By Michael Levenson


House lawmakers defied Governor Deval Patrick Wednesday and voted overwhelmingly to advance a measure that would prevent welfare recipients from spending their benefits on alcohol, lottery tickets, tobacco, and other items.

Patrick had sent the measure back to the Legislature Sunday, seeking changes and accusing lawmakers of “political grandstanding” on a hot-button issue.

House members, some of whom were incensed by the governor’s comments, rejected Patrick’s changes Wednesday and approved the measure he had rejected, which would also prohibit welfare recipients from using Electronic Benefit Transfer cards to buy pornography, jewelry, and tattoos.

The legislation has gained momentum following the high-profile arrests of several welfare recipients accused of fraud and reports of some recipients using their benefits for items other than basic staples.

Patrick, who grew up on welfare and has been a vocal ­defender of the system, sought several changes, declaring, “I’m not going to do anything that makes vulnerable people beg for their benefits.”

At the same time, he said, he would be willing to sign a companion bill that would ban liquor stores, casinos, strip clubs, gun shops, and cruise ships from accepting the cards.

On Wednesday, House lawmakers rejected Patrick’s proposed changes by a vote of 152 to 1. The lone member to side with the governor was state Representative Charley ­Murphy, a Burlington Democrat who has often tangled with House leaders and who plans to resign from the House next month.

Representative Carl M. ­Sciortino, a Somerville Democrat, was the only House member to debate the welfare bill on the floor. He said he supported the crackdown but did so with an “uneasy conscience.”

Sciortino said he wished lawmakers would focus on ways to lift welfare recipients out of poverty “rather than create barriers for people who are trying to survive and take care of their children.”

He also said the punishment for recipients who violate the ban and purchase any of the prohibited items would be ­unduly harsh.

A first offense would result in a $600 fine, a second offense in a $1,200 fine, and a third ­offense in the loss of benefits, he said.

The Senate must approve the House measure before it would be sent back to the governor, who would have a chance to veto it and send it back to the Legislature again.


The Eagle Tribune
Wednesday, July 11, 2012

An Eagle Tribune editorial
Patrick shows he's not serious about EBT reform


Massachusetts Gov. Deval Patrick accused the Legislature of "political grandstanding" this week as he rejected some of the EBT reforms lawmakers included in the new state budget.

Then Patrick promptly mounted the grandstand himself.

"I'm not going to do anything that makes vulnerable people beg for their benefits," he proclaimed, pitching his remarks to his progressive political base. "This notion of humiliating poor people has got to be separated from how we make a program, and frankly separated and disposed of, from how we make a program work and work well."

The sound you may have heard in the background was the saddest song in the world being played on the world's tiniest violin.

Few tears would be shed if holders of EBT (Electronic Benefit Transfer) cards can't use them to pay for things like tattoos and guns - one of the reforms Patrick wants to spike.

If poor people find it humiliating having to beg taxpayers to pay for their tattoos, think how the taxpayers must feel when they're forced to pay the bill.

Patrick's argument is that it makes more sense to control how EBT cards are used at the point of purchase rather than by outlawing specific purchases.

So he let stand rules that would bar EBT purchases at tattoo parlors and gun shops as well as aboard cruise ships or at casinos and adult entertainment centers.

But Patrick was not consistent. Welfare recipients would be still be allowed to use their EBT cards at nail salons and jewelry stores under his version of EBT reform. What sense does that make?

Patrick claims his administration has been tougher on welfare fraud than others and he has proposed upping the penalties for abuse.

But his rhetoric and his effort to water down reform send the message that he's not serious about reining in abuse, that he's more concerned about hurting the feelings of potential cheats than he is about hurting the feelings of taxpayers who wonder why they should pay for manicures or tattoos.

House Speaker Robert DeLeo, bristling at Patrick's "grandstanding" slap, said the House of Representatives could take up Patrick's proposed changes as early as today.

"When you are talking about saving taxpayers money from fraud, I don't think that's political grandstanding," DeLeo said.

We agree. The real problem with the Legislature's reform proposal is that it doesn't go far enough. For one thing, it would still allow EBT card holders to use the system like an ATM, withdrawing cash they can spend on anything, anywhere.

If they are serious about reform, lawmakers should stick by their guns and override Patrick's would-be vetoes.


State House News Service
Thursday, July 12, 2012

State Capitol Briefs
Senate rejects Guv's EBT, vehicle registration amendments


The Senate on Thursday rejected Gov. Deval Patrick's amendment regarding electronic benefit transfer cards and and his amendment regarding motor vehicle registration identification requirements.

Patrick's bid to alter the Legislature’s plans for restricting certain purchases using electronic benefit transfer cards fell flat in the House and Senate, which appear poised to send their original plans back to his desk.

The Senate initially laid aside Patrick's plan dealing with vehicle registration identification requirements at the request of Sen. Sonia Chang-Diaz (D-Boston) but returned to the matter later Thursday and rejected his plan without debate. The House rejected both of those amendments on Wednesday.

House Speaker Robert DeLeo said earlier this week he anticipates the governor will veto the EBT reforms, but he expects the House to override the veto.


The Boston Herald
Friday, July 13, 2012

Senate’s Therese Murray piles on Deval Patrick for EBT gibe
By Chris Cassidy


Things are starting to get testy on Beacon Hill.

Senate President Therese Murray yesterday became the latest lawmaker to take exception to Gov. Deval Patrick’s jab that they’re guilty of “political grandstanding” on EBT card reform.

“Sometimes in the heat of the moment people say things that maybe they don’t mean,” Murray said of Patrick.

The Senate rejected Patrick’s EBT amendments yesterday — a day after the House did the same. Patrick is likely to veto the House and Senate’s actions, but both chambers are expected to override Patrick and put their reforms into law by the end of session on July 31.

Murray’s comments came a day after House Speaker Robert DeLeo said he felt Patrick thought the House was unleashing an attack against poor people by targeting EBT card waste and abuse. DeLeo also said he was “disappointed” by Patrick’s choice of words and didn’t think saving taxpayers’ money from fraud amounted to political grandstanding. So is there a growing riff between the governor and Mr. Speaker?

“No — gracious,” said Patrick yesterday. “The speaker I think — I hope — knows how much I respect him and how much I enjoy working with him. I say that not just professionally but personally.”

But Patrick did say some lawmakers — he didn’t say who — are guilty of blaming welfare recipients for their predicament rather than helping to identify solutions to get them off the dole.

“There is no doubt in my mind that some of the comments by some of the members seemed to me and to many to cross a line,” said Patrick. “That’s not necessary. We can fix programs that can be working better I think without trivializing the people and the lives of the people who are on these benefits.”

Patrick rejected lawmakers’ provisions that banned the use of EBT cards at jewelry shops, nail salons and rental centers, as well as individual products, including guns, tattoos, porn and fees, fines and bail.


The Patriot Ledger
Friday, July 13, 2012

Legislature, Patrick continue tug-of-war over restrictions on EBT use


The Massachusetts Senate has rejected Gov. Deval Patrick’s budget proposals to restrict businesses that can accept welfare benefits.

State senators rejected the welfare measure in a voice vote during their Thursday session.

Prior to the Senate session, Patrick told reporters his welfare proposal would have created a practical way to combat fraud, but lawmakers criticized the amendment for weakening their proposed restrictions.

The welfare amendment now heads back to Patrick for consideration.

The issue

Massachusetts residents who qualify for food stamps use an EBT (Electronic Benefits Transfer) card. The state Department of Transitional Assistance, once known as the welfare department, adds a set amount to these cards for each benefit payment, and the cards are used like debit cards to buy groceries, snacks and other food. The purchase of liquor, cigarettes and other non-food items is prohibited.

What the Legislature did

In amendments to the state budget for the current fiscal year, the Legislature added tattoos, guns, pornography and body piercings to the list of items that cannot be purchased with EBT cards. The Legislature also said EBT cards cannot be used at places where those things are bought.

What the governor did

Gov. Deval Patrick signed the new budget July 8 but vetoed part of the list of new restrictions. He kept language that prohibits EBT card use at tattoo parlors, casinos, gun shops and other stores where prohibited items are sold, but deleted language listing the prohibited items. Patrick said he is not opposed to banning such EBT uses, but he agreed with the state’s independent EBT Card Commission, which said enforcing a ban at certain stores would be easier than policing individual purchases.

How the Legislature responded

House and Senate leaders and members swiftly objected to Patrick’s veto. On Wednesday, 152 of 160 House members voted to override the veto. The Senate followed suit Thursday with a voice vote.

What happens next?

The budget now goes back to Patrick with the Legislature’s complete new list of EBT restrictions. The governor’s office said Patrick will not immediately comment on whether he’ll sign the budget as is or attempt a second veto.

What’s allowed and what’s not

Here is a list of items that are currently approved and disallowed for purchase with state EBT cards, debit-like cards used by food stamp recipients.

Approved uses

Food products, ingredients for at-home meals

Cold prepared sandwiches, salads, deli food

Ethnic, health foods

Snack foods, candy, soft drinks

Seeds, plants for a home vegetable garden

Local farmers’ market produce

For senior citizens and the disabled – home- delivered meals, group meals

Disallowed

Hot, prepared food

Restaurant meals, in-store food

Liquor, cigarettes

Vitamins, medicine

Pet foods, soap, cosmetics

Household products (laundry, paper goods)

Additional bans imposed by the Legislature

Tattoos, guns, pornography, body piercings

Jewelry, fines, bail

Purchases at tattoo parlors, gun shops, casinos, cruise ships, strip clubs, adult entertainment centers

 

NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml


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