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.

Wednesday, November 19, 2008.

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

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

Report.

A report of the Merrimack Valley Regional Transit Authority (under the provisions of Chapter 161B of the General Laws) submitting its Annual Report for the Fiscal Year 2008 (received Monday, November 17, 2008),— was placed on file.

PAPERS FROM THE HOUSE.

Bills
Establishing a group insurance liability fund in the town of Westwood (House, No. 4840,— on petition) [Local approval received];
Relative to signatures for nomination petitions for city councillor at large (House, No. 4889,— on petition) [Local approval received]; and
Increasing the number of licenses for the sale of alcoholic beverages in the town of West Bridgewater (House, No. 5088,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

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 House Bill relative to the Community Development Authority in the city of Marlborough (House, No. 4132),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The House Bill authorizing certain appropriations from the town of Bridgewater’s capital projects fund (House, No. 4848),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Report of a Committee.

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 validating the actions taken at an annual town election held in the town of Dudley (printed in House, No. 3971).
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 validating the actions taken at an annual town election in the town of Dudley”.

PAPER FROM THE HOUSE.

A Bill relative to the voting practices of the Franklin Regional Council of Governments (House, No. 5134,— on petition),— was read.
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.

Petitions.

On motion of Mr. Hedlund, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Ms. Tucker, (accompanied by bill) of Susan C. Tucker, Barry R. Finegold and David M. Torrisi for legislation to designate a certain flagpole at Lawrence Heritage State Park as the Mary L. Girouard Flagpole,— and the same was referred to the committee on Bonding, Capital Expenditures and State Assets.
Sent to the House for concurrence.

On motion of Mr. Hedlund, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Ms. Tucker, (accompanied by bill) of Susan C. Tucker for legislation to prevent residential mortgage fraud,— and the same was referred to the committee on the Judiciary.
Sent to the House for concurrence.

PAPER FROM THE HOUSE.

A joint petition (accompanied by bill, House, No. 5147) of James J. O’Day, Harriette L. Chandler and others relative to the penalties for violations of certain laws and to clarify the statutory authority for suppressing and eradicating certain public nuisances, including the Asian Longhorned Beetle or Oak Wilt,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Environment, Natural Resources and Agriculture.

Recess.

There being no objection, at eight minutes past eleven o’clock A.M., the Chair (Mr. Rosenberg) declared a recess subject to the call of the Chair; and, at six minutes past twelve o’clock noon, the Senate reassembled, the President in the Chair.

Communication.

The following communication, which was received in the Office of the Clerk of the Senate at twenty-nine minutes before eleven o’clock A.M, on Wednesday, November 19, 2008, was read and placed on file to wit:

November 19, 2008.

Hon. Therese Murray, Sen. President
Massachusetts State Senate
Boston, MA 02133

Madame President:

Please accept this communication as formal notice of my intention to resign my position as State Senator from the Second Suffolk District in the Commonwealth of Massachusetts. This resignation shall be effective today, November 19, 2008.

Regards,
Dianne Wilkerson.

On motion of Mr. Downing, the above communication was ordered printed in the Journal of the Senate.

Statement from Senate President Therese Murray
(Given on November 19, 2008 in informal session regarding the resignation of Dianne Wilkerson)

When I stood before this distinguished body 20 months ago, I said I was honored and humbled to be chosen by my peers to lead the Massachusetts Senate.
I remain honored ... and I remain humbled.

That same faith you showed in me, I can assure you, I still have in this great institution.

This has been a trying time for the Senate, but this chamber and its members have stood too long, and served too well, to be shaken by the actions of any individual.

And though one person may cast a temporary shadow, we are too strong, too determined and too righteous as a collective body to allow any doubt to linger.

Today, Dianne Wilkerson has made the right decision. With her resignation, the good work of the Senate will continue as we commit ourselves to ensuring the public trust.

As conscientious stewards of the Senate and the people of the Commonwealth, those of us on the floor of this chamber today are committed to the integrity of our state, our laws and this distinguished body.

To the people of the Commonwealth: ... The Senate stands with you, and we will restore your faith in us, for we have chosen to serve, and you have chosen us to represent your interests.

This simple, tried-and-true relationship between citizen and representative is what we hold dear and is the reason we get up every morning; it’s the reason we come to this grand building — this symbol of our Commonwealth;

It’s the reason we fight for better health care; why we fight for children, veterans and the elderly; why we fight for families and small businesses; for safer neighborhoods, better schools, and a cleaner environment.

I don’t know if we will ever hear an apology from those who should offer one

... I hope we do someday ...

But, on behalf of the Senate, I want to express my deepest belief that the moral fiber of this body is strong and unbending, and we will continue to serve our constituents and the people of the Commonwealth with great pride and conviction.

The shadow is lifting, and in time, hopefully not too long from now, the good work of the Senate and our commitment to the people will once again be the focus of all inquiry and conversation.

To that end, let us begin again today.

Thank you.

On motion of Mr. Rosenberg, the above remarks were ordered printed in the Journal of the Senate.

Order Adopted.

On motion of Mr. Hedlund,—

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at eleven o’clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

Adjournment in Memory of Army Specialist Corey M. Shea.

The Senator from Bristol and Norfolk, Mr. Timilty and the Senator from Suffolk and Middlesex, Mr. Tolman requested that when the Senate adjourns today, it adjourn in memory of Army Specialist Corey M. Shea.

United States Army Specialist Corey M. Shea, 21, of Mansfield died courageously on Wednesday, November 12, 2008 in Mosul, Iraq while proudly serving his country. He was the beloved son of William Shea of Belmont and Denise M. Anderson and her husband Jeffrey Margolin of Mansfield.

Corey spent his childhood in the Brighton section of Boston before moving to Mansfield where he grew up and had made his home for the past 15 years. He was a 2005 graduate of Mansfield High School and attended Bristol Community College in Fall River prior to enlisting in the United States Army.

Corey was a member of the Third Armored Cavalry Regiment out of Fort Hood, Texas which was deployed to Iraq on November 6, 2007. He received several awards and decorations including the Army Commendation Medal, the Bronze Service Star and the National Defense Service Medal.

This October, while on leave, he took the time to speak to students at Mansfield High School about his experiences in Iraq.

In addition to his parents, he is survived by his sister Kristin M. Anderson of Mansfield, brother Benjamin Margolin of Binghamton, New York and grandparents Charles and Carol Anderson of Dracut.

Accordingly, as a mark of respect to the memory of Army Specialist Corey M. Shea, at twelve minutes past noon, on motion of Ms. Fargo the Senate adjourned to meet again tomorrow at eleven o’clock A.M.