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, June 19, 2014.

Met according to adjournment at one o’clock P.M. (Mr. Richard T. Moore in the Chair).

Distinguished Guests.

There being no objection, the President handed the gavel to Mr. Rosenberg for the purpose of an introduction. Mr. Rosenberg then introduced Yehuda Yaakov, the Consul General of Israel to New England. Mr. Yaakov has been a member of Israel’s Foreign Service since 1989, previously serving outside of Israel in New York and New Zealand. For more than a decade, Mr. Yaakov has played an important role in formulating and implementing Israel’s diplomatic approach to managing strategic challenges and was awarded the Israeli Foreign Ministry Director- General’s Award. He addressed the Senate from the Rostrum and signed the Guest Book. He was accompanied by a group of young choir singers who were visiting the Senate in celebration of Israel’s independence. The group addressed the Senate in song and withdrew from the Chamber.
There being no objection, the President handed the gavel to Mr. McGee for the purpose of an introduction. Mr. McGee then introduced, in the rear of the Chamber, Lynnette Alameddine, who lost her son to gun violence on campus at Virginia Tech University on April 16, 2007. Since 2007, she has become a powerful voice and advocate in the campaign to end gun violence and is dedicated to keeping the memory of her son Ross, as well as the other 31 Virginia Tech students and professors, alive. Lynette was presented with an American Flag that was flown to the State House on the 7th anniversary of the Virginia Tech shooting. The Senate welcomed her with applause and she withdrew from the Chamber. She was accompanied by her niece Jeannine McNaught Reardon and her daughter, Ashley.
There being no objection, the President handed the gavel to Mr. Tarr for the purpose of an introduction. Mr. Tarr then introduced, in the rear of the Chamber, Princess Elettra Marconi of Rome, Italy. Princess Marconi is the daughter of Nobel Prize Winner Guglielmo Marconi, the inventor of the radio. She has dedicated her life to educating people about her father’s scientific achievements and his enthusiasm and perseverance that he showed through his breakthrough experiments. The Senate welcomed her with applause, she signed the Guest Book and withdrew from the Chamber.
There being no objection, the Chair (Mr. Richard T. Moore) handed the gavel to Mr. Wolf for the purpose of an introduction. Mr. Wolf then introduced, in the rear of the Chamber, the 7th and 8th grade classes from Provincetown. The students had taken the ferry from Provincetown to Boston and were on a field trip to the State House learning about the different aspects of state government. The group was welcomed with applause and they withdrew from the Chamber.


Communication.

Communication from the Honorable Therese Murray, President of the Senate announcing the appointment of Senator William N. Brownsberger to the Special Commission established (pursuant to Section 208 of Chapter 38 of the Acts of 2013 and Section 2A of Chapter 4 of the General Laws) to make an investigation and study of the most reliable protocols for assessing and managing the risk of recidivism of sex offenders,-- was placed on file.

Petition.

Mr. Downing presented a petition (subject to Joint Rule 12) of Benjamin B. Downing and William Smitty Pignatelli for legislation relative to a vote in the Berkshire Hills Regional School District,-- and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Mr. Donnelly, for the committee on State Administration and Regulatory Oversight, on petition, a Bill to authorize the Massachusetts Water Resources Authority to dispose of certain real property in the city of Boston and to release an easement upon certain real property in the city of Boston (Senate, No. 2139); Read and, under Senate 26C, referred to the committee on Bonding, Capital Expenditures and State Assets.

By Mr. Barrett, for the committee on Children, Families and Persons with Disabilities, on petition, a Bill to create a special commission on behavior modification (Senate, No. 29); Referred, under Joint Rule 1E, to the committee on Health Care Financing.

By Mr. Pacheco, for the committee on Environment, Natural Resources and Agriculture, on petition, a Bill relative to pesticide applications (Senate, No. 2159);
By Mr. Brownsberger, for the committee on the Judiciary, on petition, a Bill relative to interest for pecuniary judgments (Senate, No. 632);
By the same Senator, for the same committee, on petition, a Bill relative to the elective share of surviving spouses (Senate, No. 705);
By the same Senator, for the same committee, on petition, a Bill relative to the asset forfeiture of child pornography (Senate, No. 730);
By the same Senator, for the same committee, on petition, a Bill relative to the designation of deputy assistant clerks of the courts (Senate, No. 1913); and
By Mr. Lewis, for the committee on Public Service, on petition, a Bill to establish a sick leave bank for Margaret Poindexter, an employee of the Massachusetts Department of Transportation (Senate, No. 2185);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Brownsberger, for the committee on the Judiciary, on petition, a Bill to improve juror service (Senate, No. 670); and
By the same Senator, for the same committee, on petition, a Bill to improve juror service responses (Senate, No. 671) (Senator Ross dissenting);
Severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

By Mr. Kennedy, for the committee on Consumer Protection and Professional Licensure, on petition, a Bill to authorize the town of Milton to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises (Senate, No. 2166) [Local approval received];
By the same Senator, for the same committee, on petition, a Bill to increase the number of all alcohol licenses for restaurants in the town of Arlington (Senate, No. 2177) [Local approval received];
By Mr. Rodrigues, for the committee on Revenue, on petition, a Bill relative to community shared solar energy systems in the town of Harvard (Senate, No. 2138) [Local approval received]; and
By the same Senator, for the same committee, on petition, a Bill relative to a betterment assessment in the town of Sturbridge (Senate, No. 2140) [Local approval received];
Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

PAPERS FROM THE HOUSE

Messages were severally referred, in concurrence, as follows:
Message from His Excellency the Governor recommending legislation relative to Article 6 of the town of Millis May 12, 2014 annual town meeting (House, No. 4182); and
Message from His Excellency the Governor recommending legislation relative to validating the actions taken at the May 6, 2014 annual town election held by the town of Warren (House, No. 4183);
Severally, to the committee on Election Laws.

Petitions were severally referred, in concurrence, as follows, to wit:
Petition (accompanied by bill, House, No. 4190) of John H. Rogers, James E. Timilty and others (by vote of the town) that the town of Walpole be authorized to issue additional licenses for the sale of alcoholic beverages;
To the committee on Consumer Protection and Professional Licensure.
Petition (accompanied by bill, House, No. 4192) of William Smitty Pignatelli and Benjamin B. Downing (by vote of the town) relative to the board of selectman-town manager form of government in the town of Great Barrington; and
Petition (accompanied by bill, House, No. 4193) of Chris Walsh, Karen E. Spilka and others (by vote of the town) relative to providing a simplified procedure for municipal acceptance of subdivision roads in the town of Framingham;
Severally to the committee on Municipalities and Regional Government.
Petition (accompanied by bill, House, No. 4194) of Josh S. Cutler and Thomas J. Calter (by vote of the town) that the town of Duxbury be authorized to appoint special police officers in said town;
Petition (accompanied by bill, House, No. 4195) of Stephen Kulik and Benjamin B. Downing (by vote of the town) that the town of Conway be authorized to continue the employment of police officer David Johnson; and
Petition (accompanied by bill, House, No. 4196) of John H. Rogers and Michael F. Rush (by vote of the town) that the town of Norwood be authorized to appoint special police officers in said town;
Severally to the committee on Public Service.

Bills
Establishing a highway buffer zone in the town of Needham (House, No. 4156,-- on House, No. 3851),
Establishing a sick leave bank for Andrea Thomas, an employee of the Division of Capital Asset Management and Maintenance (House, No. 4177,-- on petition); and
Relative to juvenile life sentences (House, No. 4184,-- on Senate, No. 2008 and House, No. 1426);
Were severally read, and under Senate Rule 27, referred to the committee on Ways and Means.

Bills
Authorizing the reinstatement of Kenneth G. Laxton as a reserve police officer in the town of Southwick (House, No. 3853,-- on petition ) [Local approval received]; and
Relative to the traffic commission in the city of Medford (House, No. 4095,-- on petition) [Local approval received]; Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Reports
Of the committee on Health Care Financing, asking to be discharged from further consideration
Of the petition (accompanied by bill, House, No. 80) of Tackey Chan and Bruce J. Ayers for legislation to provide an income tax exemption for families caring for their elderly relatives at home,-- and recommending that the same be referred to the committee on Revenue ; and
Of the petition (accompanied by bill, House, No. 3024) of Garrett J. Bradley for legislation to provide counseling services and medical leave for crew members of a railroad company involved in an accident resulting in loss of life or serious bodily injury,-- and recommending that the same be referred to the committee on Labor and Workforce Development;
Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence.

There being no objection, at one minute past one o’clock P.M, the Chair (Mr. Richard T. Moore) declared a recess subject to the call of the Chair; and, at five minutes before three o’clock P.M., the Senate reassembled, the President in the Chair.

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

Resolutions.

Mr. Richard T. Moore in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair), the following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:-
Resolutions (filed by Ms. Chandler and Mr. Michael O. Moore) “congratulating Gordon Hargrove on receiving the Heart of Gold Award for 50 years of service to the community of Worcester”;
Resolutions (filed by Mr. Eldridge) “congratulating the town of Littleton on the occasion of their three hundredth anniversary”;
Resolutions (filed by Mr. Richard T. Moore) “congratulating the Cops n Kids Program of the town of Southbridge on 20 successful years of serving local youth”;
Resolutions (filed by Mr. Richard T. Moore) “congratulating St. Mark's Catholic Church in the town of Sutton on its fiftieth anniversary”;
Resolutions (filed by Mr. Pacheco) “commending Louis C. Loura for his years of dedicated service to the city of Taunton and to the Commonwealth”; and
Resolutions (filed by Ms. Spilka and Messrs. Donnelly and Barrett) “congratulating Framingham State University on the occasion of its one hundred and seventy-fifth anniversary.”

Communication.

The Clerk read the following communication:

THE COMMONWEALTH OF MASSACHUSETTS MASSACHUSETTS SENATE

August 13, 2014

Mr. William F. Welch, Clerk
Massachusetts Senate
State House, Room 335
Boston, MA 02133

Dear Mr. Clerk,
I was absent from the Chamber during formal session on June 12, 2014. A roll call (#349) was taken on accepting the conference committee report H. 4164, An Act relative to natural gas leaks. Had I been present, I would have voted YES.
A roll call (#351) was taken on enacting H. 3935, An Act relative to a certain parcel of land in Stow. Had I been present, I would have voted YES.
A roll call (#352) was taken on accepting the conference committee report S. 2195, An Act restoring the minimum wage and providing unemployment insurance reforms. Had I been present, I would have voted YES.
A roll call was taken on engrossing S. 2187, An Act providing for capital facility repairs and improvements in the Commonwealth. Had I been present, I would have voted YES.
A roll call was taken on engrossing S. 2188, An Act relative to the expansion of the Boston Convention Center and Exhibition Center. Had I been present, I would have voted NO.
I respectfully request that a copy of this letter be printed in the Journal of the Senate.

Sincerely,
JAMES B. ELDRIDGE,
State Senator
Middlesex and Worcester District.
On motion of Mr. Brewer, the above communication was ordered printed in the Journal of the Senate.

PAPERS FROM THE HOUSE

Emergency Preambles Adopted.

An engrossed Bill authorizing the Massachusetts Department of Transportation to grant an interest in land in the town of Petersham (see Senate, No. 2124), 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 9 to 0.
The bill was signed by the Acting President (Mr. Richard T. Moore) and sent to the House for enactment.

An engrossed Bill establishing a sick leave bank for Alexis Baez, an employee of the Department of Mental Health (see Senate, No. 2154), 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 Acting President (Mr. Richard T. Moore) and sent to the House for enactment.

An engrossed Bill establishing a sick leave bank for Denise Frost, an employee of the Department of Developmental Services (see Senate No. 2175), 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 10 to 0.
The bill was signed by the Acting President (Mr. Richard T. Moore) and sent to the House for enactment.

An engrossed Bill establishing a sick leave bank for Marcy L. Bray, an employee of the Department of Developmental Services (see House No. 4041), 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 Acting President (Mr. Richard T. Moore) and sent to the House for enactment.

Engrossed Bills.

The following engrossed bills (the first three 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 Acting President (Mr. Richard T. Moore) and laid before the Governor for his approbation, to wit:
Authorizing the town of Chesterfield to continue the employment of Police Chief Gary Wickland (see Senate, No. 2051);
Establishing the domestic workers bill of rights (see Senate, No. 2132);
Restoring the minimum wage and providing unemployment insurance reforms (see Senate, No. 2195);
Relative to breast cancer early detection (see House, No. 3733, amended); Relative to the Pathfinder Regional Vocational-Technical High School District (see House, No. 3941, amended); and
Relative to natural gas leaks (see House, No. 4164).

Petitions were severally referred, in concurrence, as follows, to wit:
Petition (accompanied by bill, House, No. 4200) of John W. Scibak and others relative to the scheduling of high school athletic contests;
Under suspension of Joint Rule 12, to the committee on Education.
Petition (accompanied by bill, House, No. 4201) of Nick Collins that the Department of Conservation and Recreation designate the street hockey arena in the city of Boston as the Donald F. Higgins Memorial Street Hockey Arena;
Under suspension of Joint Rule 12, to the committee on the Environment, Natural Resources and Agriculture.
Petition (accompanied by bill, House, No. 4202) of Bruce J. Ayers for legislation to establish a sick leave bank for Lana A. Soricelli, an employee of the Executive Office for Administration and Finance; and
Petition (accompanied by bill, House, No. 4203) of Christine E. Canavan for legislation to estalblish a sick leave bank for Mariange Robert, an employee of the Department of Correction;
Severally, under suspension of Joint Rule 12, to the committee on Public Service.
Petition (accompanied by bill, House, No. 4204) of Timothy R. Madden relative to regulating sewer betterment assessments;
Under suspension of Joint Rule 12, to the committee on Revenue.
Petition (accompanied by bill, House, No. 4205) of Peter J. Durant and Richard T. Moore for legislation to designate the last Tuesday of May as Southbridge Lions Club Bow Ties for Esophageal Cancer Awareness Day;
Under suspension of Joint Rule 12, to the committee on State Administration and Regulatory Oversight.
Petition (accompanied by bill, House, No. 4206) of John V. Fernandes and Richard T. Moore for legislation to eliminate the annual fee for veterans for distinctive license plates;
Under suspension of Joint Rule 12, to the committee on Transportation.

Reports of Committees.

By Mr. Rosenberg, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Thomas M. McGee, Donald H. Wong and RoseLee Vincent for legislation to establish a sick leave bank for Anthony Gerniglia, an employee of the Department of Youth Services.
Senate Rule 36 was suspended, on motion of Mr. Downing, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.
By Mr. Rosenberg, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Bruce E. Tarr, Donald F. Humason, Jr., James M. Cantwell, Leah Cole and other members of the General Court for legislation relative to distinctive registration plates.
Senate Rule 36 was suspended, on motion of Mr. Downing, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Transportation.
Severally sent to the House for concurrence.

Committee of Conference Reports.

Mr. Brewer, for the committee of conference on the disagreeing votes of the two branches, with reference to the House amendment to the Senate Bill to foster economic independence (Senate, No. 1806) (amended by the House by striking out all after the enacting clause and inserting in place thereof the text of House document numbered 3756),-- reported, in part, a “Bill to foster economic independence” (Senate, No. 2211).
The rules were suspended, on motion of Mr. Brewer, and the report was considered forthwith.
Pending the question on acceptance of the report of the committee of conference, after debate, on motion of Mr. Hedlund, the further consideration thereof was postponed until Thursday, June 26, 2014.

Mr. Brewer, for the committee of conference on the disagreeing votes of the two branches, with reference to the House amendment to the Senate Bill to foster economic independence (Senate, No. 1806) (amended by the House by striking out all after the enacting clause and inserting in place thereof the text of House document numbered 3756),-- reported, in part, a “Bill to foster economic independence” (Senate, No. 2212).
The rules were suspended, on motion of Mr. Brewer, and the report was considered forthwith.
Pending the question on acceptance of the report of the committee of conference, after remarks, on motion of Mr. Brewer, the further consideration thereof was postponed until Thursday, June 26, 2014.

PAPER FROM THE HOUSE

Engrossed Bill.

An engrossed Bill relative to the substitution of biosimilars (see House, No. 3734, amended) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and signed by the Acting President (Mr. Richard T. Moore) and laid before the Governor for his approbation.

Reports of Committees.

Mr. Rosenberg, 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 protecting abandoned animals in vacant properties (Senate, No. 942, changed).
There being no objection, the rules were suspended, on motion of Mr. Wolf, and the bill was read a second time
Pending the question on ordering the bill to a third reading, Mr. Eldridge moved that the bill be amended in lines 3, 23 and 41, by striking out the words “of a property being” and inserting in place thereof the following words:- “after the lessor or owner knew or should have known that a property has been”.
After remarks, the amendment was adopted.
The bill (Senate, No. 942, changed and amended) was then ordered to a third reading and read a third time.
The question on passing the bill to be engrossed was determined by a call of the yeas and nays, at three minutes past four o’clock P.M., on motion of Mr. Eldridge, as follows, to wit (yeas 39 - nays 0) [Yeas and Nays No. 362]:

YEAS.

Barrett, Michael J.

Kennedy, Thomas P.

Brewer, Stephen M.

Lewis, Jason M.

Brownsberger, William N.

Lovely, Joan B.

Candaras, Gale D.

McGee, Thomas M.

Chandler, Harriette L.

Montigny, Mark C.

Chang-Diaz, Sonia

Moore, Michael O.

Creem, Cynthia Stone

Moore, Richard T.

DiDomenico, Sal N.

O'Connor Ives, Kathleen

Donnelly, Kenneth J.

Pacheco, Marc R.

Donoghue, Eileen M.

Petruccelli, Anthony

Downing, Benjamin B.

Rodrigues, Michael J.

Eldridge, James B.

Rosenberg, Stanley C.

Finegold, Barry R.

Ross, Richard J.

Flanagan, Jennifer L.

Rush, Michael F.

Forry, Linda Dorcena

Spilka, Karen E.

Hedlund, Robert L.

Tarr, Bruce E.

Humason, Donald F., Jr.

Timilty, James E.

Jehlen, Patricia D.

Welch, James T.

Joyce, Brian A.

Wolf, Daniel A. − 39.

Keenan, John F.

 

NAYS − 0.

The yeas and nays having been completed at seven minutes past four o’clock P.M., the bill was passed to be engrossed. Sent to the House for concurrence.

By Mr. Brewer, for the committee on Ways and Means, that the House Bill relative to ocean ecology and shark protection (House, No. 4088),-- ought to pass, with amendments striking out subsection (e) of section 2 and inserting in place thereof the following section:-
“(e) Whoever violates this section shall be punished by a fine of not less than $500 nor more than $1,000 or by imprisonment for not more than 60 days or by both such fine and imprisonment; provided, however, that each shark fin possessed, sold, offered for sale, traded or distributed in violation of this section shall constitute a separate offense. A violation of this section by a person holding a commercial or recreational license or permit pursuant to this chapter may result in the suspension or revocation of such license or permit.”; and
By inserting before the enacting clause the following emergency preamble:-
“Whereas, The deferred operation of this act would tend to defeat its purpose, which is to prohibit forthwith the possession, sale, trade and distribution of shark fins, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”
There being no objection, the rules were suspended, on motion of Mr. Lewis, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
After remarks, the bill, as amended, was then ordered to a third reading and read a third time.
The question on passing the bill to be engrossed was determined by a call of the yeas and nays, at seventeen minutes past four o’clock P.M., on motion of Mr. Lewis, as follows, to wit (yeas 38 - nays 0) [Yeas and Nays No. 363]:

YEAS.

Barrett, Michael J.

Kennedy, Thomas P.

Brewer, Stephen M.

Lewis, Jason M.

Brownsberger, William N.

Lovely, Joan B.

Candaras, Gale D.

McGee, Thomas M.

Chandler, Harriette L.

Montigny, Mark C.

Chang-Diaz, Sonia

Moore, Michael O.

Creem, Cynthia Stone

Moore, Richard T.

DiDomenico, Sal N.

O'Connor Ives, Kathleen

Donnelly, Kenneth J.

Pacheco, Marc R.

Donoghue, Eileen M.

Petruccelli, Anthony

Downing, Benjamin B.

Rodrigues, Michael J.

Eldridge, James B.

Rosenberg, Stanley C.

Finegold, Barry R.

Ross, Richard J.

Flanagan, Jennifer L.

Rush, Michael F.

Hedlund, Robert L.

Spilka, Karen E.

Humason, Donald F., Jr.

Tarr, Bruce E.

Jehlen, Patricia D.

Timilty, James E.

Joyce, Brian A.

Welch, James T.

Keenan, John F.

Wolf, Daniel A. − 38.

NAYS − 0.

ABSENT OR NOT VOTING.

Forry, Linda Dorcena − 1.

 

The yeas and nays having been completed at twenty-one minutes past four o’clock P.M., the bill was passed to be engrossed, in concurrence, with the amendments, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act prohibiting the possession, sale, trade and distribution of shark fins”.
Sent to the House for concurrence in the amendments.

By Mr. Brewer, for the committee on Ways and Means, that the Senate Bill to promote environmentally sound transportation of agricultural goods (Senate, No. 1635),-- ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Brewer, and the bill was read a second time and, after remarks, was ordered to a third reading and read a third time.
The question on passing the bill to be engrossed was determined by a call of the yeas and nays, at twenty-seven minutes past four o’clock P.M., on motion of Mr. Brewer, as follows, to wit (yeas 38 - nays 0) [Yeas and Nays No. 364]:

YEAS.

Barrett, Michael J.

Kennedy, Thomas P.

Brewer, Stephen M.

Lewis, Jason M.

Brownsberger, William N.

Lovely, Joan B.

Candaras, Gale D.

McGee, Thomas M.

Chandler, Harriette L.

Montigny, Mark C.

Chang-Diaz, Sonia

Moore, Michael O.

Creem, Cynthia Stone

Moore, Richard T.

DiDomenico, Sal N.

O'Connor Ives, Kathleen

Donnelly, Kenneth J.

Pacheco, Marc R.

Donoghue, Eileen M.

Petruccelli, Anthony

Downing, Benjamin B.

Rodrigues, Michael J.

Eldridge, James B.

Rosenberg, Stanley C.

Finegold, Barry R.

Ross, Richard J.

Flanagan, Jennifer L.

Rush, Michael F.

Hedlund, Robert L.

Spilka, Karen E.

Humason, Donald F., Jr.

Tarr, Bruce E.

Jehlen, Patricia D.

Timilty, James E.

Joyce, Brian A.

Welch, James T.

Keenan, John F.

Wolf, Daniel A. − 38.

NAYS − 0.

ABSENT OR NOT VOTING.

Forry, Linda Dorcena − 1.

 

The yeas and nays having been completed at twenty-nine minutes before five o’clock P.M., the bill was passed to be engrossed.
Sent to the House for concurrence.

By Mr. Brewer, for the committee on Ways and Means, that the Senate Bill to clarifying the definition of commercial motor vehicles (Senate, No. 1687),-- ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2213).
There being no objection, the rules were suspended, on motion of Ms. Jehlen, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2213) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.
By Mr. Brewer, for the committee on Ways and Means, that the Senate Bill enhancing the enforcement of illegal hunting practices (Senate, No. 1948),-- ought to pass (Senator Candaras dissenting).
There being no objection, the rules were suspended, on motion of Mr. Michael O. Moore, and the bill was read a second time and, after remarks, was ordered to a third reading and read a third time.
The question on passing the bill to be engrossed was determined by a call of the yeas and nays, at twenty- three minutes before five o’clock P.M., on motion of Mr. Michael O. Moore, as follows, to wit (yeas 38 - nays 0) [Yeas and Nays No. 365]:

YEAS.

Barrett, Michael J.

Kennedy, Thomas P.

Brewer, Stephen M.

Lewis, Jason M.

Brownsberger, William N.

Lovely, Joan B.

Candaras, Gale D.

McGee, Thomas M.

Chandler, Harriette L.

Montigny, Mark C.

Chang-Diaz, Sonia

Moore, Michael O.

Creem, Cynthia Stone

Moore, Richard T.

DiDomenico, Sal N.

O'Connor Ives, Kathleen

Donnelly, Kenneth J.

Pacheco, Marc R.

Donoghue, Eileen M.

Petruccelli, Anthony

Downing, Benjamin B.

Rodrigues, Michael J.

Eldridge, James B.

Rosenberg, Stanley C.

Finegold, Barry R.

Ross, Richard J.

Flanagan, Jennifer L.

Rush, Michael F.

Hedlund, Robert L.

Spilka, Karen E.

Humason, Donald F., Jr.

Tarr, Bruce E.

Jehlen, Patricia D.

Timilty, James E.

Joyce, Brian A.

Welch, James T.

Keenan, John F.

Wolf, Daniel A. − 38.

NAYS − 0.

ABSENT OR NOT VOTING.

Forry, Linda Dorcena − 1.

 


The yeas and nays having been completed at nineteen minutes before five o’clock, P.M., the bill was passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act increasing the penalties for illegal hunting practices”.
Sent to the House for concurrence.

By Mr. Brewer, for the committee on Ways and Means, that the Senate Bill to relative to credit for thermal energy generated with renewable fuels (Senate, No. 1970),-- ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2214).
There being no objection, the rules were suspended, on motion of Mr. Finegold, and the bill was read a second time.
After remarks, and pending the question on adoption of the Ways and Means amendment, Ms. Jehlen and Mr. DiDomenico moved to amend the proposed new text in line 22, by inserting after the word “biofuel” the following:- “data center waste heat”.
After debate, the amendment was rejected.
The pending Ways and Means amendment was then adopted.
The bill (Senate, No. 2214) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

By Mr. Brewer, for the committee on Ways and Means, that the Senate Bill relative to the installation of approved smoke detectors in certain residential buildings and structures (Senate, No. 2157),-- ought to pass, with an amendment, substituting a new draft entitled “An Act relative to the safety of schools, residences and public assemblies” (Senate, No. 2215).
There being no objection, the rules were suspended, on motion of Ms. O’Connor Ives, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2215) was then ordered to a third reading and read a third time.
After remarks, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at six minutes before five o’clock P.M., on motion of Mr. Tarr, as follows, to wit (yeas 38 - nays 0) [Yeas and Nays No. 366]:

YEAS.

Barrett, Michael J.

Kennedy, Thomas P.

Brewer, Stephen M.

Lewis, Jason M.

Brownsberger, William N.

Lovely, Joan B.

Candaras, Gale D.

McGee, Thomas M.

Chandler, Harriette L.

Montigny, Mark C.

Chang-Diaz, Sonia

Moore, Michael O.

Creem, Cynthia Stone

Moore, Richard T.

DiDomenico, Sal N.

O'Connor Ives, Kathleen

Donnelly, Kenneth J.

Pacheco, Marc R.

Donoghue, Eileen M.

Petruccelli, Anthony

Downing, Benjamin B.

Rodrigues, Michael J.

Eldridge, James B.

Rosenberg, Stanley C.

Finegold, Barry R.

Ross, Richard J.

Flanagan, Jennifer L.

Rush, Michael F.

Hedlund, Robert L.

Spilka, Karen E.

Humason, Donald F., Jr.

Tarr, Bruce E.

Jehlen, Patricia D.

Timilty, James E.

Joyce, Brian A.

Welch, James T.

Keenan, John F.

Wolf, Daniel A. − 38.

NAYS − 0.

ABSENT OR NOT VOTING.

Forry, Linda Dorcena − 1.

 


The yeas and nays having been completed at two minutes before five o’clock, P.M., the bill was passed to be engrossed.
Sent to the House for concurrence.

By Mr. Brewer, for the committee on Ways and Means, that the House Bill relative to enhancing access to services for mental health (House, No. 3704),-- ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Timilty, and the bill was read a second time, ordered to a third reading and read a third time.
After remarks, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at two minutes past five o’clock P.M., on motion of Mr. Keenan, as follows, to wit (yeas 38 - nays 0) [Yeas and Nays No. 367]:

YEAS.

Barrett, Michael J.

Kennedy, Thomas P.

Brewer, Stephen M.

Lewis, Jason M.

Brownsberger, William N.

Lovely, Joan B.

Candaras, Gale D.

McGee, Thomas M.

Chandler, Harriette L.

Montigny, Mark C.

Chang-Diaz, Sonia

Moore, Michael O.

Creem, Cynthia Stone

Moore, Richard T.

DiDomenico, Sal N.

O'Connor Ives, Kathleen

Donnelly, Kenneth J.

Pacheco, Marc R.

Donoghue, Eileen M.

Petruccelli, Anthony

Downing, Benjamin B.

Rodrigues, Michael J.

Eldridge, James B.

Rosenberg, Stanley C.

Finegold, Barry R.

Ross, Richard J.

Flanagan, Jennifer L.

Rush, Michael F.

Hedlund, Robert L.

Spilka, Karen E.

Humason, Donald F., Jr.

Tarr, Bruce E.

Jehlen, Patricia D.

Timilty, James E.

Joyce, Brian A.

Welch, James T.

Keenan, John F.

Wolf, Daniel A. − 38.

NAYS − 0.

ABSENT OR NOT VOTING.

Forry, Linda Dorcena − 1.

 

The yeas and nays having been completed at five minutes past five o’clock P.M., the bill was passed to be engrossed, in concurrence.

PAPERS FROM THE HOUSE

A Bill extending the statute of limitations in civil child sexual abuse cases (House, No. 4126, amended-- on Senate, No. 366 and House, No. 1455),-- was read.
There being no objection, the rules were suspended, on motion of Ms. Spilka, and the bill was read a second time.

Remarks of Senator William N. Brownsberger.

Mr. President, thank you very much. I‘d just like to speak to the bill for the benefit of the Members. First of all, what this bill does not do, this pertains in no way to the criminal justice system, this is all about civil justice; number two it does not create a new cause of action, some new mechanism or basis to sue people, nor does it eliminate the limits on lawsuits against the State which are in place for better or for worse for this type of lawsuit. What this bill does is changes the timeline for bringing actions in civil court for cases of child abuse. Why should the timeline be different for cases of child abuse than for other kinds of lawsuits? Why should people have more time to bring their lawsuit after an event has occurred? Child abuse is always harmful, often profoundly harmful, but it often is something that people don’t recognize the harm or appreciate the harm that’s been done to them until they’ve thought about it and sort of lived it until much later in their life. They may go through decades of emotional anguish without fully appreciating the cause and origin of that emotional anguish, and so that it’s entirely appropriate for this unique kind of early life experience to allow a long delay in bringing a lawsuit.
What does the bill do in particular? It changes the timeline from three years from the age of 18, to 35 years from the age of 18; so in effect, from age 21 it becomes age 53; that’s the time that you have to bring a lawsuit for a case of child abuse. There’s a wrinkle to understand here that’s very important as to perpetrators, this change is retroactive so that if you were abused when you were 13, and you are 38 today, you now have the ability to bring your lawsuit, even though that lawsuit previously expired under the old law.
Number two, we are also changing what’s called the discovery rule and under the discovery rule, even if the statute of limitations has expired, if you are unaware of the harm that occurred to you, you have three years from the date of when you became fully appreciative of the harm that occurred to you. In the case of child sexual abuse where in fact that coming into awareness, sort of coming out to yourself in terms of the harm you experienced may take decades, may go through stages, we are extending the statute time for discovery from three years to seven years. That extension is retroactive, applies to all pending lawsuits or the incidents that have occurred at any time.
What this bill will accomplish? It will allow some people to face their accusers in court and to have the catharsis of facing their abusers in court and the validation of winning a judgment against them. It will end the career and repetitive abuse that some people bring, so some of these lawsuits may serve to take an abuser out of circulation; most importantly perhaps, this will change the practice in many institutions. Many institutions will have a heightened of sensitivity of their exposure to lawsuits for sexual abuse and will do a better job putting in place procedures and practices to minimize the exposure of children. So I think this bill will prevent the harms for many children in the future.
I want to thank the Senate President, first of all, for asking me to take this bill and deal with it two years ago. Her steadfast leadership, her steadfast limit to doing something on this issue has been something I have been very grateful for. I want to thank Senate Counsel, who has been a great partner every step of the way and Senate President Staff Lisa Gentile, as well in making this thing happen, it’s been something that has taken a lot of twists and turns and I am very grateful for their support and guidance throughout that process. I’d like to thank my own staff, Ann Johnson Landry for her help at so many stages of this process; it’s been a long story. I want to thank my House Co-sponsor, John Lawn, who stepped up to the plate on this and has worked with me hand and glove for the last year in all the meetings we’ve been through. I would like to thank the Catholic Conference of the State of Massachusetts who has emerged in this process as an advocate for children and as supporting this Bill and I don’t think we would have this Bill without their support and I think they’re emerging as a real advocate for children. There are many other institutions which we’ve had some conversations with about this, I thank them for their support in recognizing the need for this. I want to thank the Advocates for Victims who have stepped up to convey to us the importance of doing this, most importantly, I’d like to thank the victims who have come forward; had the courage despite the emotional anguish they’ve experienced, to tell their stories, and convince us and make us understand the need for this kind of action. I’ve given them the opportunity to address what’s happened so long ago to them.
I want to say I think there is more work to be done on this issue; I think for now the statute of limitation is set and personally in my political career I’ve made a commitment that this, our fixes to the statute of limitations; our extensions of the statute of limitations are as far as I think we need to go. It’s a balance, we can imagine going further, but we think we’ve struck the right balance and I’m making a commitment to the people that I’ve worked with that this is as far as I’m going to advocate that we go.
But I do think there is more work to be done, in one area there is not a level playing field in the issue of suits against institutions. The church has an advantage and in one sense it has a very low liability cap, the State has a liability cap that’s much higher that, other institutions have no liability cap. On the other hand, the State is not consented to lawsuits against schools. So, if you are a student at a parochial school who is abused you can bring a lawsuit, if you’re a student at a public school, you cannot bring a lawsuit in State courts. But that’s an agenda for another day, to level the playing field in both directions; and I think we struck a good balance here; I think we have a simple bill, I think we know what we’re doing as we move forward with this; and I’m very grateful for the consideration of all the members and I ask that the bill be adopted.
After further remarks, was ordered to a third reading, read a third time and passed to be engrossed, in concurrence.
On motion of Mr. Brownsberger, the above remarks were ordered printed in the Journal of the Senate.

The House Bill relative to the expansion of the Boston Convention and Exhibition Center (House, No. 4111),— came from the House with the endorsement that the House had NON-concurred in the Senate amendment (striking out all after the enacting clause and inserting in place thereof the text contained in Senate, No. 2196; and by inserting an emergency preamble), and had asked for a committee of conference on the disagreeing votes of the two branches; and that Representatives Kocot of Northampton, Kulik of Worthington and Smola of Warren had been appointed the committee on the part of the House.
On motion of Mr. Brewer, the Senate insisted on its amendment and concurred in the appointment of a committee of conference; and Senators Brewer, Joyce and Hedlund were appointed on the part of the Senate.
The bill was returned to the House endorsed accordingly.

Order Adopted.

On motion of Mr. McGee,--
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.
On motion of the same Senator, at a quarter past five o’clock P.M., the Senate adjourned to meet again on Monday next at eleven o’clock A.M.