Senator Tarr Shares His Thoughts on Senate's Closing of Melanie's Law Loophole in Budget

In a recent decision issued by the Massachusetts Supreme Judicial Court (Souza v. Registrar of Motor Vehicles), the court reversed the license suspension of an individual based on a DUI case in 2010 in which the defendant refused to take a chemical breath test. The defendant had previously been arrested for a DUI offense in a 1997 case that was continued without a finding after the defendant had admitted to sufficient facts for a finding of guilty.

Under Melanie’s Law, the 2010 refusal, because it is a second offense, would normally trigger a license suspension of 3 years, and the Registry took that action. In the court's decision, the SJC countermanded that decision because of the continuation of the first case without a “conviction,” as the word is defined in statute.

Senate Minority Leader Bruce Tarr, with the support of the Senate Republican Caucus, filed an amendment during last week's Senate budget debate to close this loophole.  In the attached video, he shares his thoughts on the amendment's passage.

MEMORIAL DAY 2012

They defended our nation, they liberated the oppressed, they served the cause of peace. And all Americans who have known the loss and sadness of war, whether recently or long ago, can know this: The person they love and miss is honored and remembered by the United States of America. ~ George W. Bush

On this Memorial Day, let us pause to honor and remember the many brave men and women who have answered our nation’s call to serve. And let us never forget those who made the ultimate sacrifice for our country so that we may continue to enjoy the many freedoms we hold dear.

Senator Tarr's Statement on Passage of Senate's Fiscal Year 2013 State Budget

Senate Minority Leader Bruce Tarr (R-Gloucester) released the following statement regarding the adoption of the Senate’s version of the Fiscal Year 2013 (FY13) state budget, which passed by a roll call vote of 36-0 on Friday:

“Today’s passage of the Senate’s version of the Fiscal Year 2013 budget marks an important step toward delivering a timely and balanced state budget to the citizens of the Commonwealth at the start of the coming new fiscal year. The fact that this budget is balanced without any new broad-based taxes is also an important recognition of the need for fiscal discipline in these economically uncertain times.

The Senate Republican Caucus and its individual members offered many amendments to this budget, and we are appreciative for the approval of some key items, including:

- Measures to curb EBT Card abuse;

- An amendment closing a serious loophole in Melanie’s Law regarding drunk driving;

- A provision to ensure that those who traffic in methamphetamines are properly addressed by appropriate laws;

- An examination of costly reporting requirements imposed by state government on local school systems;

- Provisions to benefit local farmers in controlling new pests that threaten their crops; and

- Comprehensive measures to prevent those not present in the United States legally from obtaining rights or benefits reserved for those who are.

Further, items included in the budget approved today also reflect shared priorities for supporting our partners in local government by increasing spending for Chapter 70 education aid, Unrestricted General Government aid, and Regional School Transportation Aid, and by modernizing and strengthening the Community Preservation Act.

While we will continue to pursue every opportunity to take actions that will achieve savings and foster job creation, we also look forward to advancing the budget passed today through the legislative process.

I appreciate the time and care that Chairman Brewer and his staff invested in this budget. Their hard work provided the groundwork necessary needed to facilitate the impact of every member of the Senate on the state’s largest spending bill.”

Senator Tarr’s Statement on the Passage of an Amendment Closing a Melanie’s Law Loophole

Senate Minority Leader Bruce Tarr (R-Gloucester) released the following statement following the passage Wednesday night of an amendment he sponsored that would close a loophole identified by the Supreme Judicial Court in Souza v. Registrar of Motor Vehicles prohibiting the Registry of Motor Vehicles from increasing certain sanctions to those who drive while under the influence of alcohol:

“Tonight the Senate took an important step toward restoring one of the most important elements of Melanie’s Law. Treating incidents of drunk driving appropriately will insure that recidivists receive the appropriate sanctions, such as license suspensions, to protect the safety of those traveling on the roadways of the Commonwealth.”

Posted below is a summary of the amendment:

#72 Closing Drunk Driver Loophole

In a decision issued last week by our SJC (Souza v. RMV), the court reversed the license suspension of an individual based on a DUI case in 2010 in which the defendant refused to take a chemical breath test. The defendant had previously been arrested for a DUI offense in a 1997 case that was continued without a finding after the defendant had admitted to sufficient facts for a finding of guilty. Under Melanie’s Law, the 2010 refusal, because it is a second offense, would normally trigger a license suspension of 3 years, and the Registry took that action. In last Thursday’s decision, the SJC countermanded that decision because of the continuation of the first case without a “conviction,” as the word is defined in statute.

In the decision, the court expressly acknowledged it was likely construing the statute as written in frustration of the law’s purpose, but refused to cede to the legislative purpose in light of the actual language in the statute. This amendment would correct that technical mistake. It provides that a continuance without a finding after an admission of sufficient facts for a finding of guilty counts as a prior offense, restoring the intent of Melanie’s Law and reinstating an enhanced punishment when a driver who has previously been arrested for a DUI and admitted to sufficient facts for a finding of guilty again takes to the wheel under the influence.

Senate GOP Advocates for Release of Municipal Road Funding for Cities and Towns

The Senate Republican Caucus is calling on a transportation conference committee to expedite the release of $200 million in Chapter 90 funding for municipal road and bridge projects.

The funding was previously approved by both the House of Representatives and the Senate as part of a $1.5 billion Transportation Bond Bill. Release of the funding has been delayed, however, due to policy differences in other parts of the bond bill that remain unresolved and are still being worked out in conference committee.

In a letter hand-delivered to Transportation Committee co-chairs Senator Thomas M. McGee and Representative William M. Straus and the four other conferees, the Caucus has requested that the bond bill be reported, in part, by releasing the Chapter 90 funding while negotiations continue on the other sections of the bond bill. The letter was signed by Senate Minority Leader Bruce Tarr (R-Gloucester), Assistant Senate Minority Leader Robert Hedlund (R-Weymouth), Senate Minority Whip Richard Ross (R-Wrentham) and Senator Michael Knapik (R-Westfield), the Ranking Republican on the Senate Committee on Ways and Means.

“Chapter 90 funding constitutes a critical component of local infrastructure and public works projects that benefit all Massachusetts residents,” the Caucus wrote. “The spring construction season is already well underway, and municipalities are counting on the timely release of this funding to assist with vital road and bridge repairs.”

Under the Chapter 90 program, funding is allocated to cities and towns based on a formula that takes into account factors such as population, employment levels and the total number of miles of local roadways in the community. Although communities have already received notification of the funding amounts they can expect to receive, municipalities cannot sign project contracts until the Legislature delivers a bill authorizing the release of the funds to Governor Patrick for his signature.

“Releasing the Chapter 90 monies now will have the effect of stimulating the economy and getting Massachusetts residents back to work,” the Caucus wrote. “Therefore, we urge you to expedite the release of Chapter 90 funding from conference committee.”

Senator Tarr’s Statement on Today’s SJC Melanie’s Law Ruling

Senate Minority Leader Bruce Tarr (R-Gloucester) released the following statement regarding the decision made today by the Supreme Judicial Court in Souza v. Registrar of Motor Vehicles prohibiting the Registry of Motor Vehicles from increasing certain sanctions to those who drive while under the influence of alcohol:


“Today’s decision by the Supreme Judicial Court to strike down certain increased penalties for those operating a vehicle while under the influence of alcohol is deeply concerning and undermines the effectiveness of a major law that protects our public safety. Today’s ruling by the court begs a legislative response, and we are working to prepare it for inclusion in the first available vehicle, which may well be the Senate version of the Fiscal Year 2013 state budget.

I’m extremely proud of the good work the legislature did in 2005 implementing Melanie’s Law to toughen the consequences for those who choose to drive drunk, and I’m certain the legislature will act swiftly to strengthen an already strong and comprehensive law.”

Senator Tarr’s Statement on Today's Release of Fiscal Year 2013 Senate Budget Proposal

Senate Minority Leader Bruce Tarr (R-Gloucester) released the following statement today, as the Senate Committee on Ways and Means unveiled its $32.275 billion Fiscal Year 2013 state budget:

“A preliminary review of the budget introduced today by the Senate Committee on Ways and Means indicates it responds to some important priorities by:

• Increasing Chapter 70 education aid for municipalities;

• Expanding Unrestricted General Government Aid for our cities and towns;

• Addressing the state’s commitment to special education services by increasing the levels of funding available for communities through the Circuit Breaker;

• Making important changes to the Community Preservation Act to increase local participation;

• Minimizing the amount of money withdrawn from the Stabilization Fund to a level that is much lower than the proposals put forth by the Governor and the House of Representatives; and

• Putting in place greater tools to reduce fraud in public assistance programs.

Nevertheless, the budget increases overall spending significantly compared to this year, and contributes to a concerning trend of spending increases that are unlikely to be sustainable. Therefore, we must remain vigilant and leave no stone unturned as we work to identify greater efficiencies and cost savings throughout state government on behalf of the taxpayers of the Commonwealth. Our caucus will be fully engaged in pursuing these important goals over the next several days as we prepare for next week’s budget debate.”

Senator Tarr's Statement on Implementation of Secure Communities in Massachusetts

Senate Minority Leader Bruce Tarr (R-Gloucester) released the following statement today, as federal officials began implementing the Secure Communities program in Massachusetts:
 
“The implementation of Secure Communities is a positive and productive step for public safety in Massachusetts, because information is one of the most important tools law enforcement has to protect all of us. Many people in law enforcement, including our sheriffs, have testified about the need for Secure Communities to help identify violent criminals who are in this country illegally. It’s unfortunate it’s taken the Obama Administration so long to act, but finally the Department of Homeland Security is giving law enforcement officials access to this vital tool despite the failure of the Patrick Administration to expedite the availability of this important program in our state.

Secure Communities has already proven its worth in other states, and has been successfully utilized on a pilot basis in the city of Boston. When Joao Brito was arrested last summer after vandalizing a vehicle, Boston police were able to use the Secure Communities program to determine that he was not only in the United States illegally, but also wanted by Dutch authorities for sexual abuse of children and human smuggling. Law enforcement should have access to every available resource to protect public safety, and the Brito case is just one example of how Secure Communities can help identify and remove some of the worst criminals from our streets.”

Senator Tarr on WBZ-TV

Yesterday evening Senate Minority Leader Bruce Tarr was interviewed by reporter Jim Armstrong of WBZ-TV Channel 4 to discuss the scheduled reinstatement of Onyango Obama’s drivers license even though he is an illegal immigrant who was charged with driving while under the influence of alcohol. To watch Jim’s report, please play the posted video below.

Senator Tarr’s Statement on Advancement of GOP Jobs Package

Senate Minority Leader Bruce Tarr (R-Gloucester) released the following statement today, following a week-long series of public hearings on the comprehensive jobs package filed by House and Senate Republicans:

“I’m pleased, given the uncertainty of the economic recovery, that our jobs package is being given serious consideration by the Legislature. We have put forward a series of thoughtful proposals targeting five key areas impacting Massachusetts businesses, including energy, education, health care, regulations and taxes, and have already seen some components of our jobs package begin to advance favorably through the legislative process, including proposals to:

• Require public utilities to engage in competitive bidding for long-term renewable contracts to protect the financial interests of Massachusetts’ ratepayers (included in Senate energy cost containment bill);

• Strengthen collaboration between vocational schools, community colleges and workforce investment boards to maximize their common goals of producing a highly-trained and well-rounded workforce to meet the needs of the Commonwealth’s employers (included in House Fiscal Year 2013 Budget);

• Enhance veterans’ ability to secure state-issued licensure and certification in a variety of professional trades by counting service members’ military education, training and experience towards the qualifications required for licensure and certification (included in Senate VALOR Act);

• Extend for 90 days the professional trade license of active duty members whose license expires while on duty (included in Senate VALOR Act); and

• Provide expedited consideration for veterans’ spouses who apply for state licensure or certification (included in Senate VALOR Act).

In the remaining months of the current legislative session, I intend to work closely with my colleagues on both sides of the aisle to ensure that not only these proposals, but also many of the other ideas we have promulgated to stimulate the economy and facilitate job growth, reach the Governor’s desk.”

GOP Jobs Package Has Scheduled Public Hearings Starting on Tuesday Morning

In February, the Massachusetts House and Senate Republican Caucuses announced a comprehensive jobs creation package that aims to reduce the cost of doing business in the Commonwealth. The package, which is five omnibus bills, targets five key areas: business regulations, education, energy, healthcare, and taxes.

Beginning tomorrow, 4 of the 5 omnibus bills will receive public hearings this week. Residents and business owners are welcome to attend these hearings to listen and/or provide testimony to each of the committees scheduled to hear the bills. You may also submit written testimony to the chairs of the committee as well.

Posted below is a press packet that summarizes the jobs creation package.

The schedule of the hearings is as follows:

Tuesday, May 8th

10:00am: House Bill 4038, An Act Relative to Cost-Effective Energy Policies and Electricity Cost Reduction – Joint Committee on Telecommunications, Utilities, and Energy (located in A-1)

10:30am: House Bill 4035, An Act Relative to Improving Employment Opportunities Through Access to Education – Joint Committee on Higher Education (located in A-2)

Wednesday, May 9th

1:00 pm: House Bill 4037, An Act Providing Regulatory Reform to Promote Job Growth – Joint Committee on State Administration and Regulatory Oversight (located in B-1)

Thursday, May 10th

10:00am: House Bill 4036, An Act Incentivizing Job Creation and Reducing the Burdens on Small Businesses – Joint Committee on Revenue (located in B-2)

Final Jobs Package Media Handout

Senate GOP Caucus Champions Veterans’ Benefits in Senate-approved VALOR Act

The Massachusetts Senate Republican Caucus today secured the passage of a series of initiatives designed to assist the Commonwealth’s veterans, active duty service personnel and their families.

Senate Minority Leader Bruce Tarr (R-Gloucester), Assistant Senate Minority Leader Robert L. Hedlund (R-Weymouth), Senate Minority Whip Richard J. Ross (R-Wrentham) and Senator Michael R. Knapik (R-Westfield), the Ranking Republican on the Senate Ways and Means Committee, offered the amendments as part of an omnibus bill known as the VALOR Act (Veterans’ Access, Livelihood, Opportunity and Resources). The bill was adopted unanimously Thursday afternoon on a vote of 38-0.

“Every Massachusetts resident owes a huge debt of gratitude to the brave men and women who proudly serve our great nation to preserve the many freedoms we all enjoy but too often take for granted,” said Senator Tarr. “With Memorial Day fast approaching, I cannot think of a better way to show our appreciation than to do everything we can to enhance the educational and employment opportunities available to our veterans and to ensure that the Commonwealth provides for their families’ needs.”

Caucus-sponsored amendments approved by the Senate today include proposals to:

• Extend the benefits offered through the Massachusetts Military Family Relief Fund to the families of all active duty members who have served since September 11th whose deaths were directly related to their military service (the original language contained in the VALOR Act applied only to the family members of soldiers killed in action);

• Revise state tax laws to allow veterans with a disability rating of 10 percent or more to retain a $400 property tax exemption, even if they return to active service (current law prohibits veterans from receiving this exemption while they are enlisted, but allows them to defer their taxes until they return from their deployment);

• Enhance veterans’ ability to secure state-issued licensure and certification in a variety of professional trades by counting service members’ military education, training and experience towards the qualifications required for licensure and certification;

• Extend for 90 days the professional trade license of active duty members whose license expires while on duty;

• Provide expedited consideration for veterans’ spouses who apply for state licensure or certification; and

• Allow full-time active duty military personnel to receive and attach to their motor vehicle or motorcycle license plate a distinctive emblem issued by the Registry of Motor Vehicles designating their branch of service.

“Military families have to endure many personal sacrifices and hardships when their loved ones are deployed for months or years at a time,” said Senator Tarr. “The provisions adopted by the Senate today will offer some measure of support for these families while honoring all of those who serve.”

The VALOR Act now heads to the House of Representatives for further action.

Tarr Leads Call for CPA Reforms in Senate Budget

Senate Minority Leader Bruce Tarr is calling on Senate budget writers to expand the scope of the Community Preservation Act (CPA) and provide increased state matching funds for cities and towns that participate in the program.

In a letter hand-delivered to Senate Ways and Means Chairman Stephen Brewer today, Tarr has requested that the committee’s Fiscal Year 2013 budget proposal – set for release on May 16 – include the same CPA changes adopted by the House of Representatives during its budget deliberations last month. The bipartisan letter was signed by 12 other senators, including three Republicans and nine Democrats.

“It’s important for the Senate to engage in the process of reforming and reinvigorating the Community Preservation Act to spur economic growth and protect our precious natural resources and assets,” said Tarr. “With this letter, my colleagues and I are expressing our desire to retain these same important reforms in the Senate’s budget to help advance preservation efforts and promote economic growth at the municipal level.”

Established by the Legislature in 2000, the CPA was designed to preserve open space, housing and the rehabilitation of historic properties. Cities and towns that participate in the program can impose a property tax surcharge of up to 3 percent to pay for these efforts, with the state providing additional matching funds collected through fees assessed on deeds. Although the original goal of the CPA was for the state to provide 100 percent matching funds to municipalities, the state currently matches only 22 cents of every dollar spent locally.

Tarr supports the adoption of reform language that would:

• expand the scope of the program by allowing communities to access CPA funding for the rehabilitation of existing athletic fields, parks and playgrounds;

• increase state matching funds by up to $25 million, using surplus revenue from the Fiscal Year 2012 budget;

• provide municipalities with greater flexibility to fund their participation in the CPA program through revenue sources outside of the existing property tax surcharge, such as hotel excise taxes, linkage fee and inclusionary zoning payments, the sale of municipal property, parking fines, and gifts received from private sources for community preservation purposes; and

• give communities the option to establish a CPA property tax exemption for small businesses on the first $100,000 of property value, allowing employers to invest more money in their business and create jobs.

“Given the importance of these changes to the CPA for cities and towns all across the Commonwealth, we believe that it is imperative for the Senate to act favorably and expeditiously to advance them through inclusion in the Ways and Means budget proposal,” the letter states. “Taken together, they have tremendous potential to spur economic growth, revitalize precious assets, and promote environmental stewardship in practical, effective ways.”