Monthly Archives: December 2010

It’s That Time of Year Again

As people race to finish holiday shopping, there’s a growing curiosity about which bills in the legislature will actually make it all the way to the governor’s desk during the session’s final weeks.  With one eye on our current bills and where they are during the informal sessions, we’ve also begun taking a hard look at our legislative priorities for the next session. 

This process started months ago and probably won’t be completed until January.  The BBA has been reviewing our portfolio of bills that we’ve filed in the past and determining whether or not the issues are still timely and important. For those that make the cut, we must take a careful look to ensure that the language in the bill still reflects the reforms we sought. 

The BBA’s issues are varied and far reaching; including everything from complicated tax issues to criminal justice reforms to family law matters and consumer protection, so the input and expertise of our member volunteers is crucial.  The goal is to present complete, up-to-date, and meaningful legislation that will have real world, positive impacts on the citizens of the Commonwealth and practitioners of the law.

Some bills are time sensitive and require immediate action.  Other bills get filed each session until we are able to focus enough of the legislature’s attention on them at just the right time.  For example, legislation updating the Homestead exemption and creating the Massachusetts Uniform Probate Code took many years to become law. 

An example going forward is our bill that would update the dollar amounts in Massachusetts for bankruptcy exemptions.  In 2004, amid concerns that the new federal bankruptcy law would make it harder for people to seek bankruptcy relief, and that under Massachusetts’ obsolete exemption statute, debtors are vulnerable to losing the very tools that allow them to earn a living, the BBA began to work on updating the state exemption statute.  Tying the dollar amounts in the statute to cost of living adjustments was just the beginning.  Our proposal also recognizes the need for things like computers, sophisticated and specialized power tools, and automobiles as items necessary for earning a living today.   It is critical to update the exemptions to ensure they are relevant to the real world in which we live.

Generally speaking, the exemptions remain unchanged until someone summons the energy to introduce and pass a bill increasing them – and in Massachusetts this hasn’t been done in over 30 years.  While there is no mechanism by which these exemptions are regularly reviewed and other reforms are needed as well, updating the personal exemption statute will be an important step in helping a very vulnerable population.

When legislation is filed, many of the volunteers that work on it have visions of attending a grand signing ceremony in a large community hall.  They imagine getting commemorative pens from the governor, along with cameras flashing from a full press corps.  But what usually happens is that bills fortunate enough to make it to the governor’s desk are rarely ever afforded any media coverage.  Instead most become law quietly without much notice. 

-Kathleen Joyce

Government Relations Director

Boston Bar Association

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Homestead: From the Council to the Governor’s Desk

The BBA watched this week as one of its long-standing legislative priorities, homestead reform, was enacted by the Senate.   An Act Relative to the Estate of Homestead is now on the governor’s desk awaiting his signature.  This is good news to the many BBA members who have worked year after year and session after session to see the much needed changes in this area.  This is also good news to the attorneys whose clients have come to them in dire straits, overwhelmed with debt and seeking help to obtain a fresh start.  These reforms are substantial and will provide important consumer protections to homeowners in Massachusetts.  In addition to the consumer protection aspects, the bill will address many of the issues that have caused great difficulty to the courts in interpreting the current homestead statute.

In 2000, a detailed study of the Massachusetts homestead statute appeared in the Boston Bar Journal.  Author Mark W. McCarthy noted that homestead was so badly in need of change that only a complete rewrite would suffice. McCarthy even described the current homestead statute as, “ugly, clumsy, even embarrassing – and it just doesn’t work.”  That same year the BBA filed a homestead bill that was sponsored by then-Senator Robert S. Creedon, Jr. who was also chair of the Joint Committee on the Judiciary.  The BBA’s bill at that time focused on certain aspects of the homestead law including an automatic provision, certain stacking concerns for the elderly or disabled and creditor issues with respect to a homestead. 

Despite our hard work, real progress was not made for years.  While the BBA pushed for its own version of homestead reform, other groups, most notably the Real Estate Bar Association (REBA), were also proposing their version of homestead reform.  It was Senator Creedon who asked the BBA and the REBA to work together on a single bill that would incorporate the reforms that both organizations sought.  The BBA’s dialogue with REBA on homestead yielded good input on ways to improve the bill and led to a multi-year drafting process that resulted in a revised and balanced bill that was filed jointly in the legislature.   Now, an even more improved version of the compromise bill that the BBA and REBA worked on sits on Governor Patrick’s desk. 

Here’s what the current homestead bill will do:

  • Clear up ambiguities and make rules for filing a homestead declaration more logical
  • Protect beneficiaries of trusts
  • A refinancing mortgage will not be able to terminate previously filed homesteads
  • Protect proceeds from insurance or a home sale
  • Protect spouses and co-owners who transfer property amongst themselves
  • Provide protection for manufactured homes

Our work continued as we rallied our members to testify at public hearings, meet with legislators, and contact their local Reps and Senators, and we got pretty close to the finish line at the end of the last legislative session in December 2008.  While we weren’t able to claim victory before the legislature recessed, we did refile the bill to build upon the momentum of the last session. 

Homestead reform will provide concrete and meaningful assistance to citizens in Massachusetts especially low income consumers and the elderly.  Now with homestead poised to pass some ten years after our efforts began, maybe we can get somewhere on updating the personal property exemption laws.

– Kathleen Joyce

Government Relations Director

Boston Bar Association

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Musical Chairs on Beacon Hill

Now that the election cycle has passed, the BBA is looking forward to working with a comparatively large new class of legislators – nearly 50 new Reps and Senators – and a Governor’s Office that has just announced some staff changes as well.  Governor Patrick announced that he asked his staff to submit their resignations and reapply for their jobs and there has been some movement among top officials. 

In particular, the Governor’s Chief Legal Counsel William “Mo” Cowan has just been named as Governor Patrick’s new Chief of Staff.  Mo has been Chief Legal Counsel since last October.  Mo has been an active member of the BBA and the private bar by serving on the BBA Council, as a BBF Trustee, and was an integral in the formation of the BBA’s Diversity and Inclusion Section.  In the past year he has been a good advocate for the courts and legal services and has always made himself available to the BBA. 

The Chief Legal Counsel is responsible for advising the Governor on all legal and policy issues, judicial selection, and legislation.  With Mo’s departure from the Office of the Legal Counsel, Deputy Legal Counsel Mark Reilly will assume the position of Chief Legal Counsel.  Mr. Reilly has been working on the Governor’s legal staff since 2007 after practicing with Foley Hoag LLP and Sally & Fitch. 

– Click here to read the Governor’s press release on the changes to his Cabinet –

The BBA will continue to work with the Governor’s office and Mark Reilly in his new role on critical issues for the private bar, the courts, as well as on the BBA’s priorities for the new legislative year. 

-Kathleen Joyce

Government Relations Director

Boston Bar Association

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