NOTICE: - While reasonable efforts have been made to assure the accuracy of the data herein, this is NOT the official version of Senate Journal. It is published to provide information in a timely manner, but has not been proofread against the events of the session for this day. All information obtained from this source should be checked against a proofed copy of the Senate Journal.


UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the Commonwealth of Massachusetts

JOURNAL OF THE SENATE.

Thursday, February 7, 2008.

Met at one minute past one o’clock P.M. (Mr. Rosenberg in the Chair).

Petition.

Mr. Creedon presented a petition (subject to Joint Rule 12) of Robert S. Creedon, Jr. for legislation relative to veteran’s benefits,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Committee Discharged.

Mr. Downing, for the committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration
Of the Senate Bill establishing a special commission to study essential health services in Massachusetts public schools (Senate, No. 100, changed);
Of the Senate Resolve relative to a special commission to study innovative methods for funding the conservation of forested wildlands and woodlands in the Commonwealth (Senate, No. 477);
Of the Senate Resolve relative to establishing a commission to set guidelines for development costs for housing for disabled adults (Senate, No. 1084);
Of the Senate Resolve providing for a special commission on police training (Senate, No. 1342);
Of the Senate Resolve relative to driver impairment (Senate, No. 2043); and
Of the Senate Bill providing, for an investigation and study by a special commission to study the needs of the elderly blind and visually impaired citizens of the Commonwealth (Senate, No. 2408);
And recommending that the same severally be referred to the Senate committee on Ethics and Rules.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.

PAPERS FROM THE HOUSE.

A joint petition (accompanied by bill, House, No. 4519) of Garrett J. Bradley and Robert L. Hedlund (by vote of the town) relative to establishing the Hingham Shipyard improvement district in the town of Hingham,— was referred, in concurrence, to the committee on Community Development and Small Business.

A Bill requiring continuing education of construction supervisors (House, No. 4344,— on House, No. 332); and
A Resolve providing for an investigation and study by a special commission relative to the hidden wounds of war on Massachusetts service members (House, No. 4526,— on House, No. 3728);
Were severally read and; under Senate Rule 27, referred to the committee on Ways and Means.

Bills
Exempting certain bank fees (House, No. 975,— on Senate, No. 574 and House, No. 975);
Designating Norman Rockwell as the official artist of the Commonwealth (House, No. 4228,— on petition); and
Establishing self-determination for persons with disabilities (House, No. 4525,— on House, No. 1898);
Were severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Bills
Authorizing the town of Cohasset water department to provide water services to other cities, towns, and water companies (House, No. 4014,— on petition) [Local approval received];
Relative to the charter of the town of Braintree (House, No. 4398,— on petition) [Local approval received]; and
Authorizing a land conveyance in the town of Westford (House, No. 4431,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Recess.

There being no objection, at two minutes past one o’clock P.M., the Chair (Mr. Rosenberg) declared a recess; and at twenty minutes past one o’clock P.M., the Senate reassembled, the President in the Chair.

The President, members, guests and employees then recited the pledge of allegiance to the flag.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Pacheco) “congratulating Timothy P. Green on his Eagle Scout Award.”

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Thomas D’Intinosanto, an employee of the Department of Mental Retardation (see Senate, No. 2349, amended), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,— was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted in concurrence, by a vote of 8 to 0.
The bill was signed by the President and sent to the House for enactment.

Engrossed Bills.

The following engrossed bills (the first of which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, were severally passed to be enacted and were signed by the President and laid before the Governor for his approbation, to wit:
Designating the month of November as lung cancer awareness month (see Senate, No. 1871); and
Transferring the city of Marlborough to the Metrowest Regional Transit Authority (see House, No. 4289).

Orders of the Day.

The Orders of the Day were considered, as follows:

Bills
Relative to water betterment in the town of Brewster (House, No. 3955);
Relative to the issuance of certain bonds by the town of Wellfleet (House, No. 4036);
Relative to town meetings in the town of Orange (House, No. 4277); and
Relative to certain civil service positions in the city of Worcester (House, No. 4497);
Were severally read a second time and ordered to a third reading.

The House Bill relative to the town of Tisbury (House, No. 4194),— was read a second time and ordered to a third reading. There being no objection, the rules were suspended, on motion of Ms. Tucker, and the bill was read a third time and passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act authorizing the placement of a question on the ballot relative to the sale of wines and malt beverages to be drunk on the premises of certain restaurants”.

The House Bill relative to the town of Somerset (House, No. 4402),— was read a second time and ordered to a third reading. There being no objection, the rules were suspended, on motion of Ms. Menard, and the bill was read a third time and passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act further regulating the town administrator in the town of Somerset”.

The House Bill relative to an exchange of land in the town of Swansea (House, No. 4440),— was read a second time and ordered to a third reading. There being no objection, the rules were suspended, on motion of Ms. Menard, and the bill was read a third time and passed to be engrossed, in concurrence.

The Senate Bill establishing the Quaboag and Ware River Valley Heritage District Commission (Senate, No. 489),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill relative to the educational requirements of steam boiler “special license” (Senate, No. 173),— was read third time.
Mr. Downing for the committee on Bills in the Third Reading, reported, recommending that the bill be amended by substituting a new draft entitled “An Act further regulating the educational requirements for operating boilers under a special license” (Senate, No. 2488).
This amendment was adopted.

The bill (Senate, No. 2488) was then passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill further regulating the bidding process on public construction contracts (Senate, No. 1903, amended) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time.
Pending the question on passing the bill to be engrossed, on motion of Ms. Wilkerson, the further consideration thereof was postponed until Tuesday, February 26.

The Senate Resolve to create a cranberry heritage study commission (Senate, No. 2012),— was read a third time.
Pending the question on passing the bill to be engrossed, on motion of Mr. Pacheco, the further consideration thereof was postponed until the next session.

Reorganization Plan No. 1 of 2008 (submitted by the Governor under the provisions of Article LXXXVII of the Amendments to the Constitution) relative to reorganizing certain education agencies (printed in House, No. 4488),— was considered, the question being “Shall this reorganization plan be approved?”.
After debate, Mr. Rosenberg in the Chair, the question on approving the reorganization plan was determined by a call of the yeas and nays at nine minutes past three o’clock P.M., as follows, to wit (yeas 33 — nays 5) [Yeas and Nays No. 173]:

YEAS.
Antonioni, Robert A. Creedon, Robert S., Jr.
Augustus, Edward M., Jr. Creem, Cynthia Stone
Baddour, Steven A. Downing, Benjamin B.
Brewer, Stephen M. Fargo, Susan C.
Buoniconti, Stephen J. Galluccio, Anthony D.
Candaras, Gale D. Hart, John A., Jr.
Chandler, Harriette L. Jehlen, Patricia D.
Joyce, Brian A. Petruccelli, Anthony
Marzilli, Jim Resor, Pamela
McGee, Thomas M. Rosenberg, Stanley C.
Menard, Joan M. Spilka, Karen E.
Montigny, Mark C. Timilty, James E.
Moore, Richard T. Tolman, Steven A.
Morrissey, Michael W. Tucker, Susan C.
O’Leary, Robert A. Walsh, Marian
Pacheco, Marc R. Wilkerson, Dianne — 33.
Panagiotakos, Steven C.
NAYS.
Brown, Scott P. Tarr, Bruce E.
Hedlund, Robert L. Tisei, Richard R. — 5.
Knapik, Michael R.
ABSENT OR NOT VOTING.
 Berry, Frederick E.— 1.

The yeas and nays having been completed at fourteen minutes past three o’clock P.M., Reorganization Plan No. 1 of 2008 was approved.

The House Bill relative to child abuse and neglect (House, No. 4333, printed as amended),— was considered, the main question being on ordering it to a third reading.
The pending motion, previously moved by Mr. Tisei, to lay the matter on the table was considered; and it was negatived.
The pending amendment, previously recommended by the committee on Ways and Means, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2472; and by striking out the title and inserting in place thereof the following title: “An Act to protect the children of the Commonwealth”,— was further considered.


Mr. Brown moved that the new text be amended by inserting after section 119 the following section:—

“SECTION 119A. Section 13L of chapter 265 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 19, the words “house of correction for not more than 2½” and inserting in place thereof the following words:— “state prison for not less than 5 years.”
Mr. Panagiotakos arose to a point of order which, being stated, was that the amendment was beyond the scope of the bill before the Senate.

The Chair (Mr. Rosenberg) issued the following ruling:
The House Bill relative to child abuse and neglect (House, No. 4333) and the Senate Ways and Means new text (Senate, No. 2472) are bills primarily for the establishment of a new structure of state government through which the state hopes to streamline the care of children who have been abused and neglected. The bills call for creation of new departments within the Executive branch and the duties incumbent on the employees of that department to protect children. In no instance does the House Bill, the Senate new text nor any of the petitions that accompany the House Bill delve into the subject matters of the sex offender registry or any criminal procedures incumbent upon perpetrators of alleged abuse and neglect. These pieces of legislation deal with how the state protects children only. These amendments may be valid and worthwhile in the context of bills dealing with child predators and criminal penalties and punishment. But the bills before the Senate deal with none of these issues and thus the amendment is beyond the limited scope of this piece of legislation.
Therefore, the point of order was well taken; and the amendment was laid aside.

Mr. Brown moved that the Senate Ways and Means new text be amended by inserting the following sections:—

“SECTION 6A. Section 178E oC chapter 6 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out subsection (e).

SECTION 6B. Section 178E of chapter 6 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking subsection (f).

SECTION 6C. Section 178G of chapter 6 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the words ‘has been determined by the sentencing court to be a sexually violent predator,’ the following words:— ‘or has been convicted of the rape of a child pursuant to section 22A of chapter 265 of the General Laws, as appearing in the 2004 Official Edition’.

SECTION 119A. Paragraph (a) of section 29A of chapter 272 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in lines 9-10, the words:— ‘or by a fine of not less than ten thousand nor more than fifty thousand dollars, or by both such fine and imprisonment’ and inserting in place thereof the following words:— ‘, and whoever, either with knowledge that a person is a child under fourteen years of age or while in possession of such facts that he should have reason to know that such person is a child under fourteen years of age, and with lascivious intent, hires, coerces, solicits or entices, employs, procures, uses, causes, encourages, or knowingly permits such child to pose or be exhibited in a state of nudity, for the purpose of representation or reproduction in any visual material, shall be punished by imprisonment in the state prison for a term of not less than ten years nor more than twenty-five years. The provisions of section 87 of chap­ter 276 relating to the power of the court to place certain offenders on probation shall not apply to any person charged with a violation of this section.’

SECTION 119B. Paragraph (b) of section 29A of chapter 272 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in lines 7-10, the words:— ‘shall be punished by imprisonment in the state prison for a term of not less than ten nor more than twenty years, or by a fine of not less than ten thousand nor more than filly thousand dollars, or by both such fine and imprisonment’ and inserting in place thereof the following words:— ‘shall be punished by imprisonment in the state prison for a term of not less than fifteen nor more than twenty-five years, and whoever, either with knowledge that a person is a child under fourteen years of age or while in possession of such facts that he should have reason to know that such person is a child under fourteen years of age, and hires, coerces, solicits or entices, employs, procures, uses, causes, encourages, or knowingly permits such child to participate or engage in any act that depicts, describes, or represents sexual conduct for the purpose of representation or reproduction in any visual material, or to engage in any live performance involving sexual conduct, shall be punished by imprisonment in the state prison for a term of not less than twenty years nor more than thirty years. The provisions of section 87 of chapter 276 relating to the power of the court to place certain offenders on probation shall not apply to any person charged with a violation of this section.’

SECTION 119C. Section 29A(d) of chapter 272, as appearing in the 2004 Official Edition, is hereby amended by adding, following the word ‘eighteen’ in line 26, the following:— ‘or under fourteen’.

SECTION 119D. Paragraph (a) of Section 29B of chapter 272 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in lines 9-13, the words:— ‘shall be punished in the state prison for a term of not less than ten nor more than twenty years or by a fine of not less than ten thousand nor more than fifty thousand dollars or three times the monetary value of any economic gain derived from said dissemination, whichever is greater, or by both such fine and imprisonment’ and inserting in place thereof the following words:— ‘for the first offense, shall be punished in the state prison for a term of not less than ten years nor more than twenty years or by a fine of not less than fifty thousand dollars or ten times the monetary value of any economic gain derived from said dissemination, whichever is greater, or by both such fine and imprisonment; a second or subsequent violation of this section shall be punished in the state prison for a term of not less than fifteen years nor more than twenty years’.”
Mr. Panagiotakos arose to a point of order which, being stated, that the amendment was beyond the scope of the bill.

The Chair (Mr. Rosenberg) issued the following ruling:
The House Bill relative to child abuse and neglect (House, No. 4333) and the Senate Ways and Means new text (Senate, No. 2472) are bills primarily For the establishment of a new structure of state government through which the state hopes to streamline the care of children who have been abused and neglected. The bills call for creation of new departments within the Executive branch and the duties incumbent on the employees of that department to protect children. In no instance does the House Bill, the Senate new text nor any of the petitions that accompany the House Bill delve into the subject matters of the sex offender registry or any criminal procedures incumbent upon perpetrators of alleged abuse and neglect. These pieces of legislation deal with how the state protects children only. These amendments may be valid and worthwhile in the context of bills dealing with child predators and criminal penalties and punishment. But the bills before the Senate deal with none of these issues and thus the amendment is beyond the limited scope of this piece of legislation.
Mr. Tisei doubted the ruling of the Chair; and this motion was seconded by Mr. Brown.
After debate, the question on whether the ruling of the Chair would stand was determined by a call of the yeas and nays, at twenty minutes before four o’clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 33 — nays 5) [Yeas and Nays No. 174]:

YEAS.
Antonioni, Robert A. Creedon, Robert S., Jr.
Augustus, Edward M., Jr. Creem, Cynthia Stone
Baddour, Steven A. Downing, Benjamin B.
Brewer, Stephen M. Fargo, Susan C.
Buoniconti, Stephen J. Galluccio, Anthony D.
Candaras, Gale D. Hart, John A., Jr.
Chandler, Harriette L. Jehlen, Patricia D.
Joyce, Brian A. Petruccelli, Anthony
Marzilli, Jim Resor, Pamela
McGee, Thomas M. Rosenberg, Stanley C.
Menard, Joan M. Spilka, Karen E.
Montigny, Mark C. Timilty, James E.
Moore, Richard T. Tolman, Steven A.
Morrissey, Michael W. Tucker, Susan C.
O’Leary, Robert A. Walsh, Marian
Pacheco, Marc R. Wilkerson, Dianne — 33.
Panagiotakos, Steven C.
NAYS.
Brown, Scott P. Tarr, Bruce E.
Hedlund, Robert L. Tisei, Richard R. — 5.
Knapik, Michael R.
ABSENT OR NOT VOTING.
 Berry, Frederick E.— 1.

The yeas and nays having been completed at sixteen minutes past three o’clock P.M., the ruling of the Chair stood and the amendment was laid aside.
Pending the question on adoption of the Ways and Means amendment, and pending the main question on ordering the bill to a third reading, on motion of Mr. Tisei, the further consideration of this matter was postponed until Thursday, February 26, 2008.

Matters Taken Out of the Notice Section of the Calendar.

There being no objection, the following matters were taken out of the Notice Section of the Calendar and considered as follows:
The House Bill authorizing the city of Methuen to lease a portion of that building known as the Quinn Building to Methuen Municipal Employees Federal. Credit Union (House, No. 4325),— was read a second time, ordered to a third reading, read a third time and, after remarks, passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act authorizing the city of Methuen to lease a portion of a certain building to the Methuen Municipal Employees Federal Credit Union”.

The Senate Bill approving the conveyance of property by the county of Nantucket (Senate, No. 2224),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

The House Bill authorizing the town of Weston to grant a license for the sale of wines at a food store (House, No. 4177) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed, in concurrence.

The House Bill relative to the land acquisition and maintenance fund of the town of Eastham (House, No. 4256),— was read a third time and passed to be engrossed, in concurrence.

The House Bill authorizing the town of Harwich to acquire certain real property (House, No. 4257),— was read a third time and passed to be engrossed, in concurrence.

The House Bill authorizing Brendan Gormley to take the civil service examination for firefighter in the town of Arlington notwithstanding the maximum age requirement (House, No. 4142) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed, in concurrence.

PAPERS FROM THE HOUSE.

A Bill designating a certain ice rink in the town of Franklin as the Sergeant Robert Pirelli Veterans Memorial Rink (House, No. 4354,— on petition),— was read.
There being no objection, the rules were suspended, on motion of Mr. Brown, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act designating a certain rink in the town of Franklin as the Staff Sergeant Robert Pirelli Veterans Memorial Rink”.

Engrossed Bill.

An engrossed Bill relative to a certain motor vehicle registration plate (see Senate Bill, printed as House, No. 221, amended) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and was signed by the Acting President (Mr. Rosenberg) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair) and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Tisei,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Monday next at eleven o’clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

Adjournment in Memory of Thomas J. Begley.

The Senator from Middlesex and Norfolk, Ms. Spilka, and the Senator from Middlesex, Mr. Marzilli, requested that when the Senate adjourns today, it adjourn in memory of Thomas J. Begley of Arlington, Massachusetts.

Mr. Begley served as Court Magistrate for the Framingham courts since 2000 and was the former First Assistant Magistrate in the Cambridge District Court from 1980-2000. He is survived by his wife Ruth, his four children and six grand­children.

Accordingly, as a mark of respect to the memory of Thomas J. Begley, at five minutes before four o’clock P.M., on motion of Ms. Spilka, the Senate adjourned to meet again on Monday next at eleven o’clock A.M