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.

Tuesday, January 10, 2012.

Met at twenty-five minutes past one o’clock P.M.

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

Distinguished Guests.

There being no objection, the President handed the gavel to Mr. Michael O. Moore for the purpose of an introduction. Mr. Moore then introduced, in the rear of the Chamber, the Auburn High School Girls Varsity Soccer Team. They were recognized for winning the Division II State Championship. Mr. Moore also introduced the Auburn High School Football Team. They were recognized for winning the Division III Championship. The Senate welcomed them with applause and they withdrew from the Chamber. The teams were accompanied by their coaches and Representative Frost of Auburn.

Communications.

The following communications were severally received and placed on file, to wit:

Communication from the Honorable Benjamin B. Downing in compliance with Massachusetts General Laws Chapter 268A (received in the Office of the Clerk of the Senate on Tuesday, January 10, 2012, at ten minutes before one o’clock P.M.);

Communication from the Honorable Salvatore N. DiDomenico in compliance with Massachusetts General Laws Chapter 268A (received in the Office of the Clerk of the Senate on Tuesday, January 10, 2012, at twenty-three minutes before three o’clock P.M.); and

Communication from the Honorable Therese Murray, President of the Senate, announcing (pursuant to Section 66 of Chapter 3 of the General Laws) the appointments of Ms. Marsha Huttner of Wayland to the Massachusetts Commission on the Status of Women for a term that will expire on October 31, 2014.

PAPERS FROM THE HOUSE

A petition (accompanied by bill, House, No. 3857) of Marcos A. Devers and others (with the approval of the mayor and city council) relative to health insurance benefits for municipal employees in the city of Lawrence,-- was referred, in concurrence, to the committee on Public Service.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:-

Resolutions (filed by Ms. Candaras and Mr. Welch) “congratulating Springfield Commissioner Gary G. Cassanelli on the occasion of his retirement”; and
Resolutions (filed by Mr. Hedlund) “congratulating Drew Noble of the town of Hingham on his elevation to the rank of Eagle Scout.”

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
THE GENERAL COURT
STATE HOUSE, BOSTON 02133-1053

January 25, 2011

Dear President Murray,

I write to inform you that as of today, January 10, 2012, I will resume all official duties entrusted upon me as State Senator for the Suffolk and Norfolk District. As of just recently, my military active duty responsibilities have ceased. Therefore, as written in the January 27, 2011 Senate Journal, I will recommence signing any written correspondences from my office.

Thank you for your attention to this matter.

Sincerely,
Michael F. Rush
State Senator
Suffolk and Norfolk District

On motion of Mr. Brewer, the above communication was ordered printed in the Journal of the Senate.

Petition.

On motion of Ms. Fargo, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Richard T. Moore (accompanied by bill) of Richard T. Moore, Kenneth J. Donnelly, Kimberly N. Ferguson, James J. Dwyer and other members of the General Court for legislation relative to reduction of property tax liability for veterans,— and the same was referred to the committee on Revenue.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

A Bill authorizing the town of Becket to continue the employment of the Chief of Police, William Elovirta (House, No. 3509,-- on petition) [Local approval received],-- was read.
There being no objection, the rules were suspended, on motion of Mr. Baddour, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Report of a Committee.

Mr. Berry, for the committee on Ethics and Rules, reported, that the following matter be placed in the Orders of the Day for the next session:
The Senate Bill relative to the election of the Freetown Lakeville regional school district committee members (Senate, No. 2095).
There being no objection, the rules were suspended, on motion of Mr. Ross, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

Orders of the Day.

The Orders of the Day were considered, as follows:

Bills
Validating certain elections in the town of Dudley (Senate, No. 2048);

Relative to certain affordable housing in the city of Taunton (Senate, No. 2062);

Relative to the regulation of salaries of employees of the town of Weston serving in the armed forces of the United States (House, No. 3463);

Exempting the position of fire chief in the city of Haverhill from the civil service law (House, No. 3486);

Authorizing a ballot question in the town of Arlington relative to the granting of licenses for the sale of wines and malt beverages to be drunk on the premises in theaters (House, No. 3647);

Authorizing the town of Natick to grant certain licenses for the sale of wines and malt beverages to be drunk on the premises (House, No. 3725, amended); and

Authorizing the town of Lincoln to grant a single license to pour fill alcoholic beverages to be consumed on the premises (House, No. 3827);
Were severally read a second time and ordered to a third reading.

The House Bill relative to the selectman-town manager form of government in the town of Foxborough (House, No. 3649),-- was read second time.
Mr. Timilty requested that the rules be suspended, and there being no objection, the rules were suspended, 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 selectman-town manager form of government in the town of Foxborough”.

The Senate Bill relative to improving accountability and oversight of education collaboratives (Senate, No. 2101),-- was read a third time.

After remarks, and pending the question on passing the bill to be engrossed, Messrs. Ross and Baddour and Ms. Clark moved that the bill be amended by striking out section 5, and inserting in place thereof the following section:-

“SECTION 5. There shall be a special commission to study the role of education collaboratives. The commission shall consist of 13 members: the house and senate chairs of the joint committee on education, or designees, who shall serve as co-chairs of the commission; the senate minority leader, or designee; the house minority leader, or designee; the secretary of education, or designee; the commissioner of elementary and secondary education, or designee; the secretary of health and human services, or designee; a representative of the Federation for Children with Special Needs, Inc.; a representative of Massachusetts Administrators for Special Education; 1 representative from the Massachusetts Association of 766 Approved Private; and 3 persons to be appointed by the secretary of education, 1 of whom shall be selected from a list of 3 persons nominated by the Massachusetts Association of School Superintendents, Inc., 1 of whom shall be selected from a list of 3 persons nominated by the Massachusetts Association of School Committees, Inc. and 1 of whom shall be selected from a list of 3 persons nominated by the Massachusetts Organization of Educational Collaboratives.

The commission shall examine, report and make recommendations on topics including, but not limited to: (1) whether a statewide network of education collaboratives should be established to implement new programs and provide technical assistance in partnership with the department of elementary and secondary education, and if so, how such network should be organized and funded; (2) whether education collaboratives are appropriate settings for providing programs and services to developmentally disabled adults over the age of 22, and if so, what measures should be taken to ensure proper accounting of, and funding for, all services provided by education collaboratives and related for-profit and non-profit organizations, as that term is defined in section 4E of chapter 40 of the General Laws, for individuals not enrolled in or employed by elementary or secondary schools in the commonwealth; (3) how to maximize the efficiency and capacity of existing education collaboratives; (4) the appropriate role and relationship, if any, between education collaboratives and related for-profit and non-profit organizations; (5) appropriate compensation levels and authority of collaborative management employees; (6) the merits of merging or consolidating existing education collaboratives, including the effect on collective bargaining agreements, staff, operational systems and debt obligations and whether districts and students would benefit from the merger of existing education collaboratives; (7) the provision of non-education related services by education collaboratives to other government entities and the appropriateness and effect of those provisions on the core mission and purpose of the collaborative; (8) the efficiency and effectiveness of the special education programs at education collaboratives as compared to other public schools as well as approved private special educational schools that serve publicly funded special education students, with additional focus on the establishing tuition and funding provided to approved private special educational schools that serve publicly funded public education students, comparing funding of private special educational schools that serve publicly funded special education students with other public school funding, including consideration of the salary of employees at approved private special educational schools in relation to the salaries paid to special education staff in the commonwealth’s public schools; and (9) a methodology to assess applicable pension liability to, and determine the funding obligations of, education collaboratives related to their employees' membership in the State Employees' Retirement System and Teachers Retirement System developed in consultation with the State Retirement Board, the State Teachers' Retirement Board and the public employee retirement administration commission.

The commission shall consult with and solicit input from various persons and groups, including, but not limited to: the attorney general; the state auditor; the inspector general; the department of developmental services; the division of local services; the executive directors of education collaboratives of varying size and scope in the commonwealth; the chairs of the joint committee on children, families and persons with disabilities; organizations representing individuals with developmental disabilities, including the Arc of Massachusetts and the Association of Developmental Disabilities Providers, Inc.; organizations representing children with disabilities and their parents; and associations representing special education administrators and other educational administrators, school business officers, municipal officials and charter schools.

The first meeting of the commission shall take place within 45 days after the effective date of this act. The commission shall file a report containing its recommendations, including legislation and regulations necessary to carry out its recommendations, with the clerks of the house and senate not later than 12 months following the first meeting of the commission.”
After remarks, the amendment was adopted.

Ms. Flanagan moved that the bill be amended in section 1, by inserting, in the second paragraph of subsection (f) of proposed section 4E of chapter 40 of the General Laws, after the second sentence, the following 2 sentences:-

“The board of the directors of an education collaborative shall appoint 1 or more registered nurses, subject to certification as a school nurse under said section 38G of said chapter 71, and shall provide such school nurse with all proper facilities for the performance of the school nurse’s duties. The education collaborative shall consider and meet the staffing level required to address the specific health care needs of the students enrolled in the education collaborative.”.
The amendment was adopted.

Ms. Fargo moved that the bill be amended in section 3, by striking out, in line 234, the number “12” and inserting in place thereof the following number:- “18”.
After debate, the amendment was rejected.

Ms. Fargo moved that the bill be amended in section 1, by striking out, in lines 83 and 84, the words “No member of the board of directors or employee of the education collaborative shall be eligible to serve as treasurer of the collaborative.”.
The amendment was rejected.

Ms. Creem, Messrs. Donnelly, Knapik, Welch and Tarr and Ms. Candaras moved that the bill be amended in section 1, by striking out, in lines 123, 143 and 176, the word “October” and inserting in place thereof, in each instance, the following word:- “January”.
After remarks, the amendment was adopted.

Ms. Creem moved that the bill be amended in section 4, by inserting, in line 238, after the words “education collaborative” the following words:- “or a related for-profit or non-profit organization”; and in said section 4, by inserting, in line 239, after the word “services” the following words:- “; provided further, that a related for-profit or non-profit organization providing services to individuals over the age of 22 prior to the effective date of this act, may transfer the provision of such services to the education collaborative to which it is related and the education collaborative may continue the provision of such services after such transfer.”.
After remarks, the amendment was adopted.

Ms. Creem moved that the bill be amended in section 1, by striking out, in lines 30 to 32, inclusive, the words “1 person appointed annually by each member school committee or member charter school board. All appointed persons shall be either a school committee member, the superintendent of schools or a member of the charter board of trustees” and inserting in place thereof the following words:- “2 persons appointed by each member school committee or member charter school board: 1 of whom shall be a school committee member or member of the charter school board; and 1 of whom shall be the superintendent of schools”; and in said section 1, by striking out, in lines 36 and 37, the words “Each member of the board of directors shall be entitled to a vote” and inserting in place thereof the following words:- “Members of the board of directors shall be entitled to a vote according to the terms of the education collaborative agreement”.
The amendment was rejected.

Ms. Creem moved that the bill be amended in section 1, by striking out, in line 45, the figure “30” and inserting in place thereof the following figure:-“60”.
The amendment was adopted.

Messrs. Welch and Knapik and Ms. Candaras moved that the bill be amended in Section 1, in subsection (f) of proposed section 4E of chapter 40 of the General Laws by adding the following sentence:- “Nothing in this section shall prohibit a member of the board of directors or employee of an education collaborative from providing volunteer services to a related for-profit or non-profit organization.”.
After remarks, the amendment was adopted.

Ms. Chang-Diaz moved that the bill be amended in section 1, by striking out, in line 140, the words “, in a searchable format” and inserting in place thereof the following words:- “, in human readable and machine readable formats”.
After remarks, the amendment was adopted.

Mr. Finegold and Ms. Donoghue moved that the bill be amended in section 1, in subsection (e) of proposed section 4E of chapter 40 of the General Laws, by adding the following paragraph:-
“The executive director of each education collaborative shall annually present the annual report and its budget to each member school committee in a school committee meeting or charter school board of trustees, and accept questions regarding the report and budget; provided, however, that an education collaborative with more than 10 school districts may make the presentation in regional presentations to not more than 5 member school committees at a time; provided, further, that a school committee or charter school board of trustees may waive its right to such a presentation. Two or more school committees of cities, towns and regional school districts and boards of trustees of charter schools may receive such a presentation in a joint meeting.”
After remarks, the amendment was adopted.

Messrs. Tarr and Baddour moved that the bill be amended by inserting, after section 4, the following new Section:-
“SECTION 4A. The department of elementary and secondary education shall study the feasibility of conducting, at least once every 5 years, a review of chapter 766 approved in-state schools and programs that serve publicly-funded special education students; provided, that the review would include, but not be limited to, a consideration of the tuition and funding for chapter 766-approved in-state schools and the salaries paid by these schools in relation to the salaries paid to special education staff in public schools, including education collaboratives. The department shall report its findings not later than June 1, 2012, to the clerks of the senate and house of representatives.”
After remarks, the amendment was adopted.

Mr. Brewer moved that the bill be amended in section 4, by striking out, in lines 236 and 237, the following words:- “unless the commission established under section 5 of this act has issued a determination otherwise”.
After remarks, the amendment was adopted.

After further remarks, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at eleven minutes before three o’clock P.M., on motion of Ms. Chang-Diaz, as follows, to wit (yeas 37 – nays 0) [Yeas and Nays No. 138]:

YEAS

Baddour, Steven A.

Keenan, John F.

Berry, Frederick E.

Kennedy, Thomas P.

Brewer, Stephen M.

Knapik, Michael R.

Candaras, Gale D.

McGee, Thomas M.

Chandler, Harriette L.

Montigny, Mark C.

Chang-Diaz, Sonia

Moore, Michael O.

Clark, Katherine M.

Moore, Richard T.

Creem, Cynthia Stone

Murray, Therese

DiDomenico, Sal N.

Pacheco, Marc R.

Donoghue, Eileen M.

Petruccelli, Anthony

Downing, Benjamin B.

Rodrigues, Michael J.

Eldridge, James B.

Ross, Richard J.

Fargo, Susan C.

Rush, Michael F.

Finegold, Barry R.

Spilka, Karen E.

Flanagan, Jennifer L.

Tarr, Bruce E.

Hart, John A., Jr.

Timilty, James E

Hedlund, Robert L.

Welch, James T.

Jehlen, Patricia D.

Wolf, Daniel A. — 37.

Joyce, Brian A.

 

NAYS — 0.

ABSENT OR NOT VOTING

Donnelly, Kenneth J.

Rosenberg, Stanley C.  — 1.

The yeas and nays having been completed at six minutes before three o’clock P.M., the bill was passed to be engrossed
[For text of bill, printed as amended, see Senate, No. 2105)].
Sent to the House for concurrence.

Order Adopted.

On motion of Mr. Petruccelli,--

Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday next at one o’clock P.M., in a full formal session.

On motion of Mr. Pacheco, at five minutes before three o’clock P.M., the Senate adjourned to meet again on Thursday next at one o’clock P.M.