Beacon Hill Roll Call

Beacon Hill Roll Call Volume 37 – Report No. 8 Monday, February 22 through Friday, February 26, 2010 Copyright © 2010 Beacon Hill Roll Call. All Rights Reserved.

THE HOUSE AND SENATE. Beacon Hill Roll Call records the votes of local rep­resentatives on two roll calls from the week of February 22-26. There were no roll calls in the Senate last week.

DISTRIBUTING OBSCENE MATTER TO MINORS VIA THE INTERNET (S 997) The House, 148-0, approved an amend­ment that would update the state’s ob­scene material law to reflect the electronic age of instant messaging, online conversa­tions, and email. The amendment would close a loophole that prohibits the dissemi­nation of matter harmful to a minor in a variety of ways but does not include elec­tronic means. The Massachusetts Supreme Judicial Court in early February ruled that sexually explicit instant messages sent by Matt Zu­biel to a person he thought was a 13-year-old girl are legal under current Massa­chusetts law. The “13-year-old-girl” was actually a Plymouth County deputy sheriff conducting an undercover online investi­gation. Current law prohibits the dissemination of obscene “matter” to minors and defines“matter” as “any handwritten or printed material, visual representation, live per­formance

or sound recording including but not limited to, books, magazines, motion picture films, pamphlets, phonographic re­cords, pictures, photographs, figures, stat­ues, plays, dances.” The state’s highest court ruled that “online electronically transmitted conver­sations are not explicitly included in the definition.” The justices then reversed Zu­biel’s conviction. Amendment supporters said that it is time to close this giant loophole and to en­sure that Massachusetts law allows pros­ecution of these predators who now use all types of electronic communications to try to meet minors for sex.

(A “Yes” vote is for the bill.) Representative Richard Ross Yes

ASSAULT WITH BODILY FLUIDS (S 997) The House, 149-0, approved a bill that would impose up to a 10-year additional prison sentence on inmates who commit “assault with bodily fluids” upon a prison worker. Under the proposal, these flu­ids include blood, saliva, mucous, semen, urine, or feces. Supporters said that creating this new category of crime would deter inmates who participate in this dangerous and out­rageous practice that can spread disease and harm workers. They noted that many workers who are victims of this crime ei­ther contract a disease or at the least are required to go through a series of tests and treatments to protect themselves and their families.

The Senate has already approved a dif­ferent version of the bill. The House ver­sion now goes to the Senate for consider­ation.

(A “Yes” vote is for the bill.)

Representative Richard Ross Yes

ALSO UP ON BEACON HILL BAN TEXT MESSAGING WHILE DRIVING AND TEST SENIOR CIT­ZENS OVER 75 (S 2290) — The Senate gave initial approval to a bill that would prohibit drivers from texting while driving. The measure would impose up to a $200 fineand/or a two-year prison sentence on any driver who is texting and causes an accident resulting in injury to a person or property. It also would prohibit drivers un­der 18 from using a cell phone while driv­ing. Another key provision would require that every three years, senior-citizen driv­ers over 75 take an exam that measures their cognitive and physical abilities. Driv­ers who do not pass the exam would have an opportunity to take a driving test in or­der to demonstrate that they have the skills necessary to continue to be licensed. The Senate measure does not include the controversial provision from the House version of the bill that would prohibit all drivers from using a hand-held cell phone but would allow drivers over 18 to use a hands-free cell phone with voice-activated dialing.

BAN SMOKING IN SOME SENIOR-CITIZEN HOUSING (H 1181) — The House gave initial approval to a bill that would require local housing authorities to provide for nonsmoking buildings in multi-building senior-citizen housing complexes or for a no-smoking floor in single-building senior-citizen housing. The bill would phase in the proposed law, and it would grandfather in current smokers and prevent their eviction.

DENY BAIL IF CARRYING ILLEGAL WEAPON (H 4428) — The House gave initial approval to a bill that would give prosecutors the power to seek a danger­ousness

hearing that could deny bail to suspects arrested in some cases of carrying an illegal firearm. The measure would al­low these suspects to be detained for up to 90 days without bail while they await trial. Current law includes a list of crimes for which a suspect would be subject to a dan­gerousness hearing, including burglary, arson, violation of a restraining order, some drug offenses, and intimidation of a witness.

The measure was filed in response to a May ruling by the Massachusetts Supreme Judicial Court prohibiting prosecutors from holding suspects without bail solely for carrying an illegal firearm.

SCHOOL BULLIES (S 2283) — The Education Committee approved and sent to the Senate for action legislation requir­ing all public and private schools to devel­op and implement a plan to prevent bul­lying and cyber bullying and to discipline bullies.

The measure would prohibit bully­ing on school grounds; on school buses; at any school-sponsored event or activity on or off campus; through the use of the school’s computer system while on or off campus; and through the use of a personal digital device, including email messages, cell phones, instant messaging, and text messaging on campus or even off-campus if the bullying affects the school environ­ment. Other provisions would require all school staff to promptly report bullying and would mandate that the school prin­cipal immediately investigate and take ap­propriate disciplinary action.

The House and Senate in 2008 ap­proved different version of a bullying bill but they never agreed on a version to send to Governor Deval Patrick.

FUNERAL PROCESSIONS (S 1884) — The Senate approved and sent to the House a bill that would establish regulations that cars in and out of a funeral proces­sion must follow. The measure would re­quire all vehicles in the procession to have their headlights and tail lights on; would prohibit them from driving more than 55 miles per hour on highways or faster than five miles per hour below the posted speed limit on all other roads; and would allow them to drive through red lights unless an emergency vehicle is approaching.

The bill would require pedestrians and operators of non-funeral-related vehicles to yield the right-of-way to any vehicle that is part of a funeral procession. Other provi­sions

would prohibit non-funeral vehicles from driving in between the vehicles of a funeral procession and from joining a fu­neral procession in order to get the same rights as the vehicles in the procession.

POKER (H 4069) — The Economic De­velopment and Emerging Technologies Committee held a hearing on legislation that would categorize poker as a game of skill rather than a game of chance. The measure would bar the state from regulat­ing or requiring a license to play poker and other games of skill “peer-to-peer.” Sup­porters say that the measure would stop the state from labeling poker as a game of chance and bar the state from prohibit­ing

and/or regulating poker as it does all gambling. They argue that people should be allowed to play this game wherever and whenever they choose.

PRAYER INSTEAD OF MEDICAL CARE (H 1710) — The Judiciary Com­mittee held a hearing on legislation that would offer “affirmative defense” legal protection to parents who rely on prayer alone, in lieu of medicine, to heal their sick children. The bill would allow defendants to use religious beliefs as a legal defense but would not prevent them from being prosecuted and subject to the verdict of a judge or jury.

Supporters said that the bill supports freedom of religion and offers protection to Christian Science and other religions that practice spiritual healing. Opponents said that parents who do not allow medical care to save their chil­dren’s lives should be prosecuted to the full extent of the law.

COMMEMORATE WAR OF 1812 (H 3539) — The House rejected a bill creat­ing a 32-member special commission to devise and plan programs for the state’s observance of the bicentennial of the War of 1812. OFFICIAL STATE CHRISTMAS COL­LECTIBLE MAKER (H 4426) — A bill on the Committee on State Administration and Regulatory Oversight’s hearing agen­da would designate Vaillancourt Folk Art as the official state Christmas collectible maker. According to its web site, this fam­ily owned studio in Sutton, Massachusetts created the original chalkware Santa and has been hand-creating highly detailed, hand-painted collectible chalkware heir­looms from antique moulds since 1984.

QUOTABLE QUOTES

“I know that it’s been a long week legisla­tively and we want to finish things up.”

— Republican House Minority Leader Bradley Jones (Republican from North Reading) during House debate sarcasti­cally referring to the fact that the House again last week was in session for only a short period of time.

“I recognize the serious fiscal problems we are facing at this time but I hope we can make this important program a priority. Vulnerable people with special needs de­serve to live in safe, decent, and sanitary units.” — State Auditor Joe DeNucci commenting on his office’s report that years of under­funding have resulted in the deterioration of state-subsidized public housing units for people with special needs and deprived them of decent, safe, secure, and sanitary housing.

“Guy was a little special to me. I know he was in trouble. He didn’t have a job. I gave him the most entry-level position ... He’s good with numbers ... I’m his only cousin, his only family.” — State Auditor Joe DeNucci defending his 2008 hiring of his now-77-year-old cousin Guy “Buster” Spezzano as a $40,545 fraud inspector. Spezzano’s primary background is his work as a musician.

“My cousin’s a wonderful kid. I would have done the same thing for Joe. If it wasn’t for Joe, I wouldn’t have nobody.” — Guy “Buster” Spezzano defending his cousin.

HOW LONG WAS LAST WEEK’S SESSION? Beacon Hill Roll Call tracks the length of time that the House and Sen­ate were in session each week. Many legislators say that legislative sessions are only one aspect of the Legisla­ture’s

job and that a lot of important work is done outside of the House and Senate chambers. They note that their jobs also involve committee work, research, con­stituent

work, and other matters that are important to their districts. Critics say that the Legislature does not meet regularly or long enough to debate and vote in public view on the thousands of pieces of legisla­tion

that have been filed. They contend that the infrequency and brief length of sessions are misguided and lead to irresponsible late-night sessions and a mad rush to act on dozens of bills in the days immediately preceding the end of an annual session.

During the week of February 22-26, the House met for a total of three hours and 39 minutes while the Senate met for a total of fivehours and 31 minutes.

Monday, February 22 House 11:02 a.m. to 11:20 a.m. Senate 11:02 a.m. to 11:18 a.m.

Tuesday, February 23 No House session No Senate session

Wednesday, February 24 House 11:00 a.m. to 2:10 p.m. Senate 11:00 a.m. to 2:42 p.m.

Thursday, February 25 House 11:00 a.m. to 11:11 a.m. Senate 11:07 a.m. to 12:40 p.m. .

Friday, February 26 No House session No Senate session

Bob Katzen welcomes feedback at bob@beaconhillrollcall.com