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, September 25, 2008.

Met according to adjournment at eleven o’clock A.M. (Mr. Tolman in the Chair).

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

Distinguished Guest.

There being no objection, the Chair (Mr. Tolman) briefly recognized former Senator David Magnani of the Second Middlesex and Norfolk District. Senator Tolman welcomed Senator Magnani to the Senate Chamber.

Communications.

The following communications were severally read and placed on file:
A communication from the Honorable Richard R. Tisei, Senate Minority Leader, announcing the appointment of Mr. Richard Stinson of Wakefield to serve as his designee on the Special Commission established (under Section 19 of Chapter 86 of the Acts of 2008) to make an investigation and study of the feasibility of establishing a uniform contractor prequalification process; and
A communication from the Division of Professional Licensure (under the provisions of Sections 227 to 235 of Chapter 112 of the General Laws) relative to 801 CMR 4.02, giving notification of a new fee for state licensure of Massage Therapy Establishments (a copy having been forwarded to the Committee on State Administration and Regulatory Oversight) (received Wednesday, September 24, 2008),— were placed on file.

Petition.

Mr. Pacheco presented a petition (subject to Joint Rule 7B) of Marc R. Pacheco and Susan W. Gifford for legislation to amend the North Carver water district,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Messrs. Creedon, Morrissey, Panagiotakos, Pacheco and Brown) “recognizing the fiftieth anniversary of Cardinal Spellman High School”;
Resolutions (filed by Mr. McGee) “commending Shalane Flanagan of Marblehead on her outstanding performance at the 2008 Beijing Olympics”;
Resolutions (filed by Ms. Murray) “commemorating the observance of ‘Performance Recognition Day’”; and
Resolutions (filed by Mr. Rosenberg) “celebrating the thirtieth anniversary of the issuance of the Northampton Consent Decree.”

Matters Taken Out of the Orders of the Day.

There being no objection, the following matters were taken out of the Orders of the Day and considered as follows:
The Senate Bill relative to the maximum age requirement for police officers in the town of Manchester-by-the-Sea (Senate, No. 2809),— 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.

The House Bill authorizing the city of Lynn to grant a license for the sale of wines and malt beverages not to be drunk on the premises to Salvy the Florist (House, No. 4378) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed, in concurrence.

The House Bill authorizing the town of Bridgewater to establish a revolving fund for library purposes (House, No. 4531) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed, in concurrence.

Reports of Committees.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill authorizing the Department of Highways and the town of Kingston to exchange a certain parcel of land (House, No. 4913) ,— ought to pass, with an amendment in section 2, by striking out the first sentence and inserting in place thereof the following sentence:— “Notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of the division of capital asset management and maintenance, in consultation with the department, following the acquisition of the land and the easements described in section 3, shall convey to the town for municipal purposes, the portion of land owned by the commonwealth and under control of the department shown as parcel 6 on plan located south of the layout of the ramp no longer required for highway purposes.”; and in section 3, by striking out the first sentence and inserting in place thereof the following sentence:— “Notwithstanding any general or special law to the contrary, the board of selectmen of the town of Kingston, upon receipt of the notice required under section 1 and, as requested by the division, in consultation with the department, shall either convey by deed to the commonwealth, acting by and through the division on behalf of the department, or release the town’s interest in, and the commonwealth, acting by and through the division on behalf of the department, shall acquire by the deed, eminent domain or otherwise, the land required for the ramp to be laid out as a state highway in the following described parcels of land owned by the town: not more than 1.95 acres of the town’s land described as parcels 1,2 and 3 on that plan of land entitled ‘Plan of Land Parcels in Kingston, Massachusetts to be Exchanged between the Town of Kingston and the Massachusetts Department of Highways,’ dated August 6, 2007.”
There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

Mr. Downing, 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 House Bill relative to veterans (House, No. 4752).
There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time, ordered to a third reading, 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 relative to cemeteries and burials”.

By Mr. Downing, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Edward M. Augustus, Jr. and John J. Binienda for legislation to establish a sick leave bank for Brenda De Los Santos, an employee of the Department of Transitional Assistance.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, 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.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5101) of Barry R. Finegold for legislation to establish a sick leave bank for John Vitale, an employee of the land court.
Under suspension of Joint Rule 12, to the committee on the Judiciary.

Joint petition (accompanied by bill, House, No. 5102) of Paul K. Frost and Edward M. Augustus, Jr., for legislation to designate a certain bike path in the town of Millbury as the Honorable Richard J. Dwinell Memorial Blackstone Valley Bike Path;
Under suspension of Joint Rule 12, to the committee on Transportation.

Order Adopted.

On motion of Mr. Hedlund,—

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.

Adjournment in Memory of Master Sergeant Roy Lee Williams.

The Senator from Worcester and Norfolk, Mr. Moore, and the Senator from Suffolk, Ms. Wilkerson, requested that when the Senate adjourns today, it adjourn in memory of Master Sergeant Roy Lee Williams of Boston, Massachusetts.

Mr. Williams passed away on September 18, 2008 at Youville Hospital in Cambridge. Roy was born on October 7, 1957, to the late Samuel Thomas Williams and Janie Robinson Williams of Jacksonville, Alabama. He was the loving and devoted husband of Brenda J. Lowe. They shared three children, Roy Williams Jr., Kevin Lowe and Kevin Williams. Mr. Williams served in the United States Army for 20 years rising to the rank of Master Sergeant. Following his service to his country, Roy dedicated himself to his community as a Junior ROTC Instructor and Girls Volleyball Coach at East Boston High School.

Accordingly, as a mark of respect to the memory of Master Sergeant Roy Lee Williams, at nineteen minutes past eleven o’clock A.M., on motion of Mr. Hedlund, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.