Beacon Hill Briefly

Last Updated on January 3, 2008

STATE CAPITOL BRIEFS - THURSDAY, JAN. 3, 2008
STATE HOUSE NEWS SERVICE

PATRICK'S STATE OF THE STATE SCHEDULED FOR JAN. 23
Gov. Deval Patrick will deliver his State of the State address Jan. 23 in the House chamber, according to a spokesman. Last year, Patrick, after an inaugural address outside the State House, traveled to Melrose to deliver a major address about his budget plan.

LINEUPS SET FOR FOUR SUEPR TUESDAY HOUSE PRIMARIES
Republicans are rolling out candidates in three of four special House primaries scheduled for Super Tuesday and Democrats are fielding two or more candidates in all of the special elections. The elections feature three current school committee members and one former school committee member. Running to succeed Rep. James Marzilli, who has been elected to the Senate to succeed former Sen. Robert Havern, are three Democrats from Marzilli's hometown of Arlington: school committee members Sean Garballey and Jeffrey Thielman and Andrew O'Brien. The winner will face Republican John L. Worden III, former town moderator in Arlington. In the race to succeed former Rep. Michael Festa (D-Melrose), the state's new elder affairs secretary, the Democrats vying for the nomination February 5 are all from Melrose and include assistant attorney general Katherine Clark, Guido Federico Jr. and Alderman-At-Large Ronald Seaboyer. The winner faces Republican Mark B. Hutchinson, also of Melrose. Former assistant district attorney Cesar Archilla and Lori Ehrlich, both of Marblehead, are running to replace Douglas Petersen, the Marblehead Democrat tapped by the Patrick administration as the state's new agriculture commissioner. Marblehead Republicans John Blaisdell, a veteran, and Tanya DeGenova face off on the Feb. 5 primary ballot. Working to succeed Fall River Mayor Robert Correia are four Fall River Democrats: school committee member Kevin Aguiar, city councilor Leo Pelletier, John J. Rodrigues and Tony M. Sousa. The candidate names were released Thursday morning by Secretary of State William Galvin's office after those running turned in their certified nomination signatures this week.

HIGH COURT REJECTS AG CLAIMS IN HOMEOWNER'S INSURANCE CASE
The state's highest court on Thursday affirmed former Insurance Commissioner Julianne Bowler's 2006 decision approving certain homeowner's insurance rates, rejecting a challenge brought by former Attorney General Thomas Reilly. The attorney general had alleged that the so-called FAIR plan rates approved by the commissioner exceeded a statutory cap, that the commissioner failed to consider losses insurers experienced in the voluntary market, that the commissioner abused her discretion by approving losses based on models relied upon by insurers, and that the attorney general was entitled to notice, a hearing and a right to cross-examine witnesses on a revised rate filing brought by the Massachusetts Property Insurance Underwriting Association. According to a legal analysis of Thursday's decision, the SJC affirmed the commissioner's decision "on all issues raised by the Attorney General on appeal." In its decision, the state Supreme Judicial Court said expert testimony supported the use of AIR and RMS hurricane forecasting models, noting the two models have "become the standard in insurance markets for actuaries, insurers and reinsurers, rating agencies and regulators" and "are the most reliable and widely used in the field." Reilly had claimed the models were not fully tailored to Massachusetts. Critics of the models have claimed in recent years that Massachusetts homeowners are paying the price for models based on the rash of hurricanes that have ravaged states like Florida and Louisiana. Attorney General Martha Coakley responded to the court ruling with a statement: "We are disappointed that the Court upheld the Commissioner's record-breaking rate increases. Over 100,000 homeowners in the Commonwealth will bear the brunt of this decision. At this very moment we are litigating against another 25 percent rate hike for coastal residents. The Court's decision will make it harder to ensure that consumers get a fair deal from the FAIR Plan. The Supreme Judicial Court held that he Legislature intended to allow the Commissioner to raise rates by 25 percent or even more. A statutory change is required if consumers are to have any effective safety net."
SENATE TO DEBATE ENERGY BILL WEDNESDAY
The Senate version of the House energy bill emerged from the Senate Ways and Means Committee Thursday and the Senate adopted an order requiring amendments to the bill to be filed electronically by 5 pm Friday. The full Senate intends to debate the bill next Wednesday, when a bill promoting alternatives to products containing toxins could also surface for debate. The Senate is also planning a swearing-in session Thursday for the most recently elected member of the Upper Chamber, James Marzilli. The Senate budget committee version renamed the bill, "An Act to Generate Renewable Energy and Efficiency Now," replacing the House's "Green Communities Act." Explained Senate Environment, Natural Resources and Agricultural chair Sen. Pamela Resor, "That was the House name." She added, "It's come a long way from what [House Speaker Salvatore DiMasi] first filed, and I think it has some really positive incentives for renewables." Resor said she "absolutely" anticipates a conference committee.

PATRICK TO JOIN OBAMA CAMP FOR PIZZA AND POLL RESULTS
Gov. Deval Patrick will kick back tonight with Obama campaign staffers, whose eyes will undoubtedly be glued to the TV as Iowa caucus results pour in. Fresh off his own trip to Iowa in support of the Illinois senator, Patrick will join Obama supporters at Pizzeria Uno in Cambridge , 22 JFK St., at 9 pm. This weekend, Patrick will again cross state lines, this time into New Hampshire, as Massachusetts's northern neighbor gets set for its first-in-the-nation primary on Tuesday.

FEDS HOPE 13 WILL BE UNLUCKY FOR WHITEY BULGER
On the 13th anniversary of the disappearance of James "Whitey" Bulger, federal and state officials say they have "renewed optimism" about apprehending him, while disclosing no new leads. "Although we are disappointed at the end of each day that he has not been apprehended, we are confident that Mr. Bulger will one day be captured thanks to the optimism and dedication of the members of the BFTF," four ranking law enforcement officials said in a statement released Thursday, referring to the Bulger Fugitive Task Force. "Let's hope that the 13th anniversary of his disappearance will indeed prove to be an unlucky number for Mr. Bulger." The quartet from the US Attorney's office, the FBI, State Police and Department of Correction said in the statement that the task force exhausted every lead and look-a-like sighting in 2007 and reminded the public of the $1 million award for information leading directly to the arrest of one of America's ten most wanted. "Although the April 2007 sighting in Sicily has not been confirmed, it has instilled renewed optimism that Mr. Bulger and Ms. Greig will be apprehended," the officials said in a statement released by US Attorney for Massachusetts Michael Sullivan.

NEW HAMPSHIRE TRACKING POLL SHOWS ROMNEY UP, McCAIN DOWN FROM YESTERDAY
Mitt Romney rose and John McCain dropped, both within the margin of error, while the number of undecided Democrats fell nearly one-third overnight in a new poll of likely New Hampshire voters. Hillary Clinton climbed two points, Barack Obama three points, and John Edwards one, leaving Clinton with 39 percent to Obama's 23 and Edwards's 17. Romney is "within striking distance" in the 7NEWS/Suffolk University poll, at 25 percent to McCain's 29, while Mike Huckabee (12) and Rudy Giuliani (9) trail significantly. Among Democrats, the chunk of undecided voters tumbled from 16 percent to 11 percent, just outside the error margin. The error margin is plus/minus 4.9 percent.