By Bob Katzen


Gov. Deval Patrick in July signed a law restricting the use of electronic-benefit transfer cards by welfare recipients. The law prohibits EBT cards from being used for strip clubs, products from adult bookstores and adult paraphernalia stores, firearms, ammunition, cruises, vacation services, body piercings, jewelry, rent-to-own stores and bail. Prior to this new law, only the purchase of alcoholic beverages, lottery tickets and tobacco products was prohibited.

The law also created a special Cashless Assistance Commission to study and report by Dec. 31 on the development of a cashless payment system under which all bills, including utilities and rent, would be paid directly by the card. The commission's report is finalized but won't be officially issued until the end of December. The Ripples Group, a private consulting firm, was paid $100,000 to conduct the study. It presented the commission with nine options ranging from making no changes to implementing a completely cashless system, under which all bills paid and purchases made would be made by use of the EBT card. Other options included a cashless system except for $100 cash per month; prohibiting card transactions at all ATMs; and prohibiting the use of cards out of state.

The commission took a pass on some of the tougher reforms and chose more education for cardholders, tougher enforcement of the current law, stiffer penalties for store owners, a "secret shopper" program in which sting operations would be performed by undercover shoppers to catch storeowners selling cardholders alcohol and other prohibited items. It also adopted the option of identifying and placing only high-risk abusers on a vendor-payment system for rent, utilities and other necessities. Critics say that option does nothing new because it is a state law.

Supporters of the commission's recommendations said the proposed choice of reforms is fair and reasonable. They argued there is insufficient data to know how much abuse takes place. They also note that many of the options left on the table would have cost the state millions of dollars to implement during this time when the state is facing cuts to many programs including local aid.

Critics said the reforms are very weak and will do little to stem abuse. Commission member Rep. Shaunna O'Connell, R-Taunton, said, "The recommendations of the EBT commission are another window dressing that does not come close to addressing the issues of the inability to track $415M in taxpayer money and ensure appropriate use of cash assistance. It is very concerning that the report of the commission was based on subjective, anecdotal information that is not verifiable, such as a survey of only 46 EBT cash recipients when there are 77,000 families on assistance. This only proves further that we must transition to a system that can track and verify how this $415M is spent."

This week, Beacon Hill Roll Call reviews local representatives and senators' votes on proposals from the 2011-12 session that would reform the EBT card system.

RESTRICT USE OF CARDS (H 4100). The House approved, 123-33, an amendment prohibiting the use of EBT cards by welfare recipients for the purchase of pornography, firearms, tickets to movies and theater shows, cosmetics, travel, jewelry, bond for defendants, tattoos, body piercings and gambling. The proposal also increases penalties for illegal use and trafficking of the cards.

Amendment supporters said it is time to crack down on the abuse of these cards and ensure that taxpayers' hard-earned dollars are used only for necessities like food, rent and utilities. They said the purchase of nonessentials is outrageous and noted the state also gives many other generous benefits to poor residents -- including subsidized health care, low-cost transportation and legal assistance. Amendment opponents said the amendment was nothing more than an attack on poor people who need help. They argued the restrictions go too far and cited the example of a woman who would be prohibited from buying lipstick to wear to a job interview.

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


NO: Rep. Jennifer Benson and Rep. Charles Murphy.

GOVERNOR STRIKES SOME RESTRICTIONS (H 4237). The House rejected, 152-1, Patrick's version of a proposal, already approved by the Legislature, restricting the use of EBT cards by welfare recipients. The governor's version would delete several of the Legislature-approved restrictions and allow the cards to be used for vacation services, body piercings, jewelry, rent-to-own stores and bail.

Patrick left many of the Legislature's other restrictions intact, including strip clubs, adult bookstores, adult paraphernalia stores, firearms dealers, ammunitions dealers and cruise ships.

The governor said some of the restrictions set by the Legislature were opposed by the special commission that researched and evaluated the illegal use of EBT cards. He noted he agreed with the commission's recommendation that the prohibitions be on usage in particular establishments, rather than prohibitions on particular items.

(A "Yes" vote is for the governor's limited restrictions. A "No" vote is against the limited restrictions.)

YES: Rep. C. Murphy.

NO: Reps. Adams, Arciero, Atkins, Benson, Garry, Golden, Harrington, Miceli, K. Murphy and Nangle.

DIDN'T VOTE: Lombardo.

LIMIT CARDHOLDERS TO $20 DAILY CASH WITHDRAWAL FROM ATM MACHINES (S 4). The Senate rejected, 25-11, an amendment that would limit welfare recipients from using their EBT cards to withdraw more than $20 per day from an ATM. The amendment also would implement a vendor-payment system for the noncash payment of rent and electric and gas utility bills for EBT cardholders.

Amendment supporters said all restrictions that ban the use of cards for alcohol, tobacco and Lottery tickets and other nonessentials are meaningless and unenforceable because recipients can simply take as much cash for which they are eligible from an ATM and use it for the banned purposes.

Amendment opponents said the $20 limit goes too far. They argued the state should find who is abusing the system and act accordingly rather than punishing people across the board.

(A "Yes" vote is for the $20 limit. A "No" vote is against it.)

YES: Sen. Eileen Donoghue, Sen. Barry Finegold and Sen. Bruce Tarr.

NO: Sen. Kenneth Donnelly, Sen. James Eldridge, Sen. Susan Fargo and Sen. Jennifer Flanagan.

APPROVE COMPROMISE RESTRICTIONS ON USE OF CARDS (S 4): The Senate approved, 38-0, an amendment prohibiting the use of EBT cards in liquor stores, casinos and strip clubs. The measure also mandates that the state implement a vendor payment system for the noncash payment of rent and electric and gas utility bills of EBT card holders who are misusing their cash funds.

Other provisions require the MBTA to accept EBT cards for the purchase of public-transportation fares and mandate that the state conduct a data match survey to uncover any information that is inconsistent with the information provided by the welfare benefit.

Amendment supporters said this is a step forward in cracking down on the misuse of EBT cards. Some supporters said they voted for this amendment but also favored harsher restrictions including prohibiting the withdrawal by welfare recipients of more than $20 cash per day from ATMs. (A "Yes" vote is for the amendment.)

YES: Sens. Donnelly, Donoghue, Eldridge, Fargo, Finegold, Flanagan and Tarr.


ALLOW DOMESTIC VIOLENCE VICTIMS TO BREAK THEIR APARTMENT LEASE (S 2402): The House approved a Senate-approved bill allowing victims of domestic violence to break their apartment lease without a penalty if they notify the owner in writing that they or a member of their household is a victim of domestic violence, rape, sexual assault or stalking. Only final approval is needed in each branch prior to the measure going to Patrick. Supporters said the measure is designed to help victims move if their assailant knows where they are living. The measure also requires property owners to change the tenant's exterior locks if the tenant or occupants reasonably believe they are in danger.


This bill replaced a stricter, earlier version of the measure that would have required all schools that opt into the law to sterilize each wind instrument and also pay the cost.


PHONE INSURANCE (H 4351): The House approved and sent to the Senate a bill that would create a licensing framework for the sale of insurance for cell phones and other portable devices in Massachusetts. Currently, there is no statutory or regulatory structure that exists for the sale of this insurance. A key section gives a retail store an overall license to sell insurance and authorizes all its employees to do so. Other provisions would require many disclosures by the person who sell the insurance.

Supporters said that without the bill, every salesperson in a store would have to be individually licensed insurance to consumers, a requirement that would be overly burdensome to insurance regulators and the business. They argued the measure is a fair one that provides crucial consumer protection.

POET LAUREATE (H 4543): The House gave initial approval to a bill that would create the position of poet laureate of the commonwealth. The poet laureate would serve a two-year term and would act as a public emissary and advocate for poetry in the state. The unpaid position would be filled by gubernatorial appointment.

LAWS TAKING EFFECT: Two bills approved by the Legislature and signed into law by Patrick in October have recently taken effect or are about to do so. Most approved new laws don't take effect until 90 days after the governor signs them. The two laws are:

READ PROFICIENTLY BY THIRD GRADE (H 4243): Effective Wednesday: Creates an early-literacy expert panel to advise the state's education departments on strategies to have all students in the state reading proficiently by the end of third grade. The panel will make recommendations for the implementation of a language-rich curriculum, professional training of teachers, and family partnerships for improving the quality of interaction between homes and schools to support children's language and literacy development.

ALL-TERRAIN VEHICLES (S 2381): Effective Jan. 4: Revises the 2010 law that regulates the operation of off-road recreation vehicles, including all-terrain vehicles, dirt bikes and snowmobiles.

The changes exempt out-of-state drivers who are racing in Massachusetts from the requirement that a person younger than 18 must take a safety course before driving the vehicle and from being required to register their vehicles in Massachusetts; allow a vehicle manufactured before 1985 to meet only the emission and noise standards that were in place at that time; and exempt vehicles operated on a private track or closed course from noise and emissions restrictions.

HOW LONG WAS LAST WEEK'S SESSION? During the week of Dec. 17-21, the House met for a total of one hour and 40 minutes while the Senate met for a total of one hour and two minutes.

Bob Katzen welcomes feedback at bob@beaconhillrollcall. com.