... DGA: Mass. voters "will not forget that their governor helped contribute to Roy Moore�s embarrassment of a campaign" ...... Return of medical device tax, set for Jan. 1, causing a stir in Massachusetts ...... Galvin throws up caution flag on Bitcoin ...... Massachusetts joins regional group that supports public high schools ...... Top health ranking triggers sharp words over nurse staffing proposal ...... Open enrollment, federal policy updates on Connector Authority agenda Thursday ...... Consumer price index is up 2.9 percent in Boston area over past 12 months, feds say ...... State says early education and care programs will receive 2 percent rate increase ...... Open enrollment update on Connector Authority agenda for Thursday ...... No response from Dems on allegedly corrupt coffee cash revealed in Joyce indictment ...... Chandler staying behind but staff moving into former Senate President Rosenberg's old suite ...... ACLU in new voter education effort with report card on district attorneys ...... Rep. Moran backing Matias in Third Congressional District race ...... In appeal to motorists, Green pledges to fix Concord Rotary if elected to Congress ...
Latest Headlines:
House:
ADJOURNED 'til Thursday at 11 a.m. (informal)
Senate:
ADJOURNED 'til Thursday at 11 a.m. (no calendar)

SENATE SESSION – MONDAY, DEC. 4, 2017

Posting or forwarding this material without permission is prohibited. Contact permission@statehousenews.com.

CONVENES: The Senate convened at 11:09 a.m. with Sen. Pacheco presiding. Sens. Tarr and O'Connor were also present.

Sen. Tarr raised to state a point or parliamentary inquiry.

Sen. Tarr said, "In light of many things that have occurred in the last number of days, I am prepared to offer imminently an order to bring the Senate to formal session this afternoon for the purpose of considering orders that relate to the operations of the Senate and the Senate presidency. In reading the joint rules relative to the cessation of formal business of the House and the Senate at the end of July, I raise the point of parliamentary inquiry as to whether or not such an order as I have described, to meet in formal session to consider matters related solely to the business of the Senate, would be in order."

Sen. Pacheco said, "The provisions of Joint Rule 12A state that all formal business of the first annual session of the General Court shall be concluded not later than the third Wednesday of November in each calendar year. The business that the Senate intends to take up today if you offer your order, does not concern matters before the General Court it concerns issues that only pertain to the operation of the Senate and the issues being considered this afternoon directly affect the office of the president of the Senate. Under the provisions of Senate Rule 5, the Senate is solely responsible for how its operations are concluded. Mason's Manual of Legislative Procedures states, and I quote, "it is the inherent right of every governmental body to regulate its own procedure subject to provisions of the constitution, statutes, charters and other controlling authorities." If an issue arises that would suggest the Senate needs to be recorded on the issue and has no bearing on the other branch of the General Court, then the Senate is entitled and required under the parliamentary law and its own rules to proceed with whatever actions are necessary to accomplish the end that the body desires."

Sen. Tarr said, "I appreciate the parliamentary ruling that has been made by the chair and I respect it." I move that it be entered in the journal of the Senate.

There was no objection.

Sen. Tarr said, I offer an order in the hands of the clerk.

Senate Clerk William Welch said, "Ordered that when the Senate adjourns today it adjourn to meet again today at 1 o'clock p.m. in a full formal session without a calendar to be presided over by the Senate majority leader."

The order was ADOPTED at 11:13 a.m.

ADJOURN: The Senate adjourned at 11:13 a.m. to meet next on Monday at 1 p.m. in a full formal session without a calendar.

At 1:03 p.m. the clerks were in the chamber but no senators were present, with caucuses still ongoing upstairs. Sen. Richard Ross arrived at 1:16 p.m. and remarked to the clerks, "It's a sad day." He stood in the well. Sen. Pacheco arrived two minutes later and ascended the rostrum.

CONVENES: The Senate convened at 1:18 p.m. Sen. Pacheco of Taunton presiding. Sen. Ross of Wrentham was also present.

RECESS: The Senate entered recess at 1:18 p.m., with the time of return left subject to the call of the chair.  
Senators streamed into Gardner Auditorium around 7:20 p.m.

RETURN: The Senate returned to order at 7:31 p.m. with Sen. Pacheco presiding.

PLEDGE: Members, staff and guests rose to recite the Pledge of Allegiance.

MEET BEYOND 8 P.M.: The Senate, by voice vote, suspended Rule 38a to allow the Senate to meet beyond 8 p.m.

COMMUNICATION FROM ROSENBERG: The clerk read a letter from Sen. Rosenberg indicating that he is taking a leave of absence from the presidency effective immediately and until the investigation the Senate is expected to begin is completed.

Sen. Chandler moved that the communication be printed in the journal. There was no objection.

CHANDLER/TARR ORDER: The clerk read an order filed by Sens. Chandler and Tarr that the communication from Sen. Rosenberg requesting a leave of absence from the duties of the Senate presidency be accepted by the membership.

The order was ADOPTED. Time was 7:36 p.m.

Sen. Pacheco said, Under the provisions of Senate Rule 5, the office of Senate president is hereby vacant.

TARR ORDER: The clerk read a Sen. Tarr order that under Rule 4a the Senate proceed forthwith to the election of an acting president. The order was ADOPTED. Time was 7:38 p.m.

NOMINATIONS: Sen. Pacheco asked for nominations from the floor.

Sen. Montigny nominated Sen. Chandler as acting Senate president. Sen. Creem offered a second.

Sen. Ross nominated Sen. Tarr as acting Senate president. Sen. Humason offered a second.

Sen. Pacheco said, We have two nominations before us, Harriette Chandler and Bruce Tarr.

Sen. Montigny moved that nominations be closed. There was no objection.

The clerk read the roll, starting with Sen. Pacheco.

BY A ROLL CALL VOTE OF 31-6, Sen. Harriette Chandler was elected acting Senate president. Time was 7:43 p.m.

Sen. Pacheco said, Harriette Chandler has been elected as acting Senate president.

Sen. Pacheco recognized Sen. Tarr.

Sen. Tarr said, I move that the vote for Senate president be considered unanimous.

Sen. Humason seconded the motion. The motion prevailed.

Sen. Pacheco said, Harriette Chandler has unanimously been elected as acting Senate president. I will appoint Sens. Montigny and Creem to escort her to the chair.

RECESS/RETURN: The Senate recessed at 7:45 p.m. and returned to order at 7:46 p.m.

Acting Senate President Chandler took the gavel from Sen. Pacheco.

Acting Senate President Chandler, said, What can I say other than thank you for giving me this chance to lead our body. The last few days have been so tragic, so sad, so surprising and so troubling. I wish I could look at this with joy rather than the way I feel, and I think we all feel that way. This is not a time for celebration. The circumstances are unprecedented and unfortunate but choices had to be made and my colleagues have risen to the occasion and you have chosen to move on and move forward. The hour is late, I do not wish to use this time to just add more thinking. We have done a lot of talking today and we as a caucus and a body will work swiftly to a return to regular order. I promise you that. I promise to give you the best of my ability. I thank you for this incredible honor. Thank you.

Members, staff and guests rose to applaud Acting Senate President Chandler.

Sen. Pacheco moved that the president's remarks be printed in the journal. There was no objection.

RECUSAL ORDER: The clerk read an order (S 2227) filed by Sen. Tarr, "Ordered that Sen. Stanley C. Rosenberg and his staff shall be recused from all decisions related investigations of Sen. Rosenberg's conduct and that of his spouse."

The order was ADOPTED. Time was 7:50 p.m.

ETHICS COMMITTEE INVESTIGATION: The clerk read an order filed by Sen. Tarr, Ordered that the question of the conduct of Sen. Stanley C. Rosenberg and whether he violated the rules of the Senate be referred to the Committee on Ethics.

Acting Senate President Chandler said, If there is no objection we will temporarily lay this aside.

There was no objection.

Acting Senate President Chandler recognized Sen. Tarr.

Sen. Tarr said, I move and request unanimous consent that the Senate consider no action on the order previously adopted.

There was no objection.

Sen. Tarr said, I move that when a vote is taken on the order, it be taken by a call of the yeas and nays.

There was sufficient support.

RECUSAL ORDER: The clerk re-read an order (S 2227) filed by Sen. Tarr, "Ordered that Sen. Stanley C. Rosenberg and his staff shall be recused from all decisions related investigations of Sen. Rosenberg's conduct and that of his spouse."

BY A ROLL CALL VOTE OF 37-0 the order was ADOPTED. Time was 7:56 p.m.

ETHICS COMMITTEE INVESTIGATION: The clerk read an order (S 2228) filed by Sens. Tarr and Rodrigues, "Ordered that the question of the conduct of Sen. Stanley C. Rosenberg and whether he violated the rules of the Senate be referred to the Senate Committee on Ethics for its consideration in accordance with Senate Rule 12A" and authorizing the committee to hire an outside investigator and instructing the investigator to file a report as soon as possible. The order specifies that the investigator is to have "full access to the president's office and the full cooperation of this staff." The order also states, "The Senate Committee on Ethics is authorized to require by summons the attendance and testimony of witnesses and the production of books and papers and such other records as the Committee may deem relevant."

Acting Senate President Chandler recognized Sen. Tarr.

Sen. Tarr said, I move that when a vote is taken it be taken by a call of the yeas and nays.

There was sufficient support.

BY A ROLL CALL VOTE OF 37-0 the order was ADOPTED. Time was 8:01 p.m.

ADJOURNMENT ORDER: The Senate adopted an order to meet next on Thursday at 11 a.m. in an informal session.

ADJOURNS: The Senate adjourned at 8:02 p.m. to meet next on Thursday at 11 a.m. in an informal session.


DISCLAIMER: Bill texts and histories are available at www.malegislature.gov. All votes are voice votes, unless otherwise noted. Bills ordered to third reading have been given initial approval. To engross a bill is to pass it and send it to the other branch. The last of three votes taken on bills that reach the governor's desk is the vote on enactment. So, it's third reading (initial approval), engrossment (passage) and enactment. The News Service coverage of legislative debate is an accurate summary of remarks, not a verbatim transcript.

END
12/04/2017


 
 
State House News Service