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.


Seal of the Commonwealth of Massachusetts


Monday, March 24, 2008.

Met at two minutes past eleven o’clock A.M. (Mr. Petruccelli in the Chair).

The Chair (Mr. Petruccelli), members, guests and employees then recited the pledge of allegiance to the flag.


Authorizing the town of Longmeadow to continue the employment of Police Chief Robert Danio (House, No. 4437,— on petition) [Local approval received]; and
Providing for a charter for the town of Groton (House, No. 4490,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.


The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Messrs. Creedon and Pacheco and Ms. Creem) “memorializing the Congress of the United States to enact legislation to create an Office of the National Nurse”;
Resolutions (filed by Mr. Galluccio) “honoring Rabbi Earl A. Grollman, Ph.D”;
Resolutions (filed by Mr. Joyce) “honoring Arnold B. Rosenthal for his many years of public service to the town of Randolph”; and
Resolutions (filed by Messrs. Moore, Antonioni, Augustus, Berry, Brewer, Ms. Candaras, Ms. Chandler, Ms. Creem, Ms. Fargo, Mr. Hedlund, Ms. Jehlen, Messrs. Joyce and Marzilli, Ms. Menard, Messrs. Morrissey and Panagiotakos, Ms. Resor, Mr. Rosenberg, Ms. Spilka, Ms. Tucker, Ms. Walsh and Ms. Wilkerson) “commemorating the national celebration of Women’s History Month.”

Report of a Committee.

By Mr. Augustus, for the committee on Bills in the Third Reading, to whom was referred the amendment recommended by His Excellency the Governor to the engrossed Bill authorizing the town of Wakefield to issue pension obligation bonds or notes (see Senate, No. 1650) [for message see Senate, No. 2552],— reported, that the amendment recommended by the Governor be considered in the following form:—
In section 1, by adding the following 4 sentences:— “In granting the approval, the secretary may require the establishment of a reserve to be created from a portion, not to exceed 60 per cent in any year, of the amount of the annual savings used to calculate the present value savings. Subject to the regulations established by the secretary, the reserve shall be held and controlled by the town and shall be separate from any other reserve or fund of the town allowed or required by statute, The secretary shall establish a method to calculate both the required amount of annual contribution to the reserve and the minimum value to be maintained in the reserve and shall prescribe conditions for expenditure from the reserve, including its use if necessary to prevent or limit any future unfunded actuarial pension liability, and the conditions under which all or a portion of the funds in the reserve may be available for unrestricted purposes in which case the funds or portions thereof shall be transferred to the town treasury. Any funds in the reserve shall be trust funds within the meaning of section 54 of chapter 44 of the General Laws and, except as otherwise provided in this act, shall be subject to said section 54 of said chapter 44.”
The report was accepted.
The Chair (Mr. Petruccelli) stated that under the provisions of Article LVI of the Amendments to the Constitution the bill was before the Senate subject to amendment and re-enactment.
On motion of Mr. Knapik, the Senate then adopted the Governor’s amendment in the form recommended by the committee on Bills in the Third Reading.
Sent to the House for its action.

Report of a Committee.

The committee on Public Service, ought NOT to pass (under Joint Rule 10) on the petition (accompanied by bill, Senate, No. 1505) of Robert A. Havern, Joan M. Menard, and John P. Fresolo for legislation to establish the rank of first lieutenant.
There being no objection, the rules were suspended, on motion of Ms. Fargo, and the matter was considered forthwith.
On motion of the same Senator, the petition was recommitted to the Joint Committee on Public Service.


Petitions were referred, in concurrence, as follows:—
Petition (accompanied by bill, House, No. 4924) of Peter V. Kocot and Stanley C. Rosenberg that the Department of Mental Retardation be authorized to establish a sick leave bank for Marya Panzica, an employee of said department;
Under suspension of Joint Rule 12, to the committee on Public Service.
Joint petition (accompanied by bill, House, No. 4925) of Pamela P. Resor, Stephen Kulik and others for legislation to provide for an income tax credit for the rehabilitation of residential historic properties;
Under suspension of Joint Rule 12, to the committee on Revenue.
Joint petition (accompanied by bill, House, No. 4926) of Mark V. Falzone and others for legislation to dedicate a certain bridge over Route 1 in the town of Saugus as the Cpl. Scott J. Procopio Saugus American Legion Post 210 Bridge;
Under suspension of Joint Rule 12, to the committee on Transportation.

Order Adopted.

On motion of Ms. Fargo,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Wednesday 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 Richard Sweeney.

The Senator from Plymouth and Norfolk, Mr. Hedlund, requested that when the Senate adjourns today, it adjourn in memory of Richard Sweeney of Hingham, Massachusetts.

Richard Sweeney passed away last Thursday. He was a former employee of MassPort, and the State Office of Business Development. At the time of his passing, he was employed as the Community Development Program Coordinator for the town of Norwood, as well as an Inspector for the Norwood Housing Authority.

Accordingly, as a mark of respect to the memory of Richard Sweeney, at seven minutes past eleven o’clock A.M., on motion of Ms. Fargo, the Senate adjourned to meet again on Wednesday next at eleven o’clock A.M.