Rep. Dwyer Legislative Update for May

With the end of the 2011-2012 Legislative drawing near (July 31), the Legislature has begun addressing some major issues that have been reviewed by legislative committees over the course of the past year and a half. The legislative agenda for the next few months will be busy as we focus on finalizing the FY2013 budget, debate a economic development bill focusing on job creation, and finally put together a framework that will rein in health care costs. For now, the Legislature has addressed two major areas recently; the foreclosure crisis and veterans services.

Foreclosure crisis

The House passed legislation to prevent unlawful and unnecessary foreclosures. The bill establishes a procedure where banks must offer a loan modification option to borrowers prior to foreclosure in cases where the lender knew, or should have known, that the borrower would not be able to repay. In cases where borrowers hold certain mortgage loans, the legislation requires lenders to perform an assessment of the borrower’s financial standing and to consider the value of a loan modification as opposed to the anticipated recovery the lender would gain from foreclosure.

If the loan, as modified, is worth more than the amount the lender expects to recover after foreclosure, the lender must offer a loan modification to the borrower. In addition, this legislation prohibits lenders from foreclosing without proper documentation, including written proof that the foreclosing party currently holds the mortgage. The bill is projected to help about 100,000 borrowers in the Commonwealth.

The VALOR Act

The House also passed a comprehensive piece of legislation that improves the overall quality of life of our veterans. The legislation expands the services offered through the Massachusetts Military Family Relief Fund, assists military families in transitioning in and out of Massachusetts, and increases the efficiency of veterans’ service officers in our communities. This legislation sets up a commission to study and make assessments on the certification process for veterans’ service officers. The commission will also be responsible for developing an improved training and certification process for VSO’s.

This legislation also addresses the major problem that families face when trying to transfer their childrens’ education credits from school to school as a result of forced military relocations. This bill will require the Board of Education to adopt a procedure to make the transition easier on students. It also waives fees and allows veterans to use military training as credit in the professional licensure process.

In addition, the bill increases the efficiency of the Welcome Home Bill, allows district courts to consider establishing diversion programs for veterans, and requires that only one of veteran status can hold the position of Commissioner of Veterans’ Services.

School Nutrition regulations

Recently, there has been a fervor regarding the impending implementation of new school nutrition standards. To avoid confusion on the issue, I would like to provide you with some background information regarding the whole process of the formulation of these regulations.

In the 1980s, the Massachusetts Board of Education at the time adopted federal regulations set forth by Congress in what was known as the National School Lunch Act for school lunch and breakfast programs. These regulations addressed the requirements listed in the National School Lunch Act. The Healthy, Hunger Free Schools Act of 2010 was a reauthorization of the National School Lunch Act. Therefore, it was an update to the agreement made between the Commonwealth and federal government in the 1980s.

The state is required to set forth parameters in which the standards of the Healthy, Hunger Free Schools Act of 2010 are met. In accordance with these requirements the Massachusetts Department of Public Health was directed to meet the federal regulations by developing a set of standards for the Commonwealth.

It was the regulations set forth by the Department of Public Health (DPH) that has caused uproar, including the issue of allowing bake sales or outside food being brought into schools for cultural events such as International Fairs, etc. First and foremost, I’m embarrassed that the Legislature even had to take a vote on rescinding the ban on bake sales. The DPH showed a colossal lack of common sense in taking away the local authority of whether or not bake sales would be allowed. While I agree we should be doing more to fight obesity, I for one do not believe that the obesity problem we face in this country is a result of bake sales or school multicultural events that have food brought in. It’s what our children are eating after school that should be the issue and that should be left up to a child’s parents to seek more responsible food choices. It is overblown issues like the “bake sale ban” that waste the Legislature’s time and further instills the notion among taxpayers that the Legislature is not doing the people’s business.

Office Hours

REMINDER: Office hours are held on the 3^rd Monday of the month from 1:30-2:30 p.m. at the Woburn Senior Center and from 3-4 p.m. at Woburn City Hall in the Committee Room. If you are unable to make office hours but would like to discuss an issue or concern, please contact my office at 617-722-2220 or feel free to email me at James.Dwyer@mahouse.gov.