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, December 24, 2008.

Met at two minutes past eleven o’clock A.M. (Mr. Petruccelli in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

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

Communications.

A communication from the Honorable Therese Murray, President of the Senate, announcing the following appointments (pursuant to Section 66 of Chapter 3 of the General Laws) to the Massachusetts Commission on the Status of Women (MCSW): Ms. Joanne Fitzgerald McCrea of Salem for a term that will expire on October 31, 2009; Ms. Elizabeth A. Hart of Malden for a term that will expire on October 31, 2010; and Ms. Linda Cavaioli of Worcester and Ms. Marisa A. DeFranco of Middleton for terms that will expire on October 31, 2011.
The communication was placed on file.

A communication from the Department of Public Health relative to a plan of correction submitted pursuant to inspection of MCI Shirley Medium Security Facility (received Tuesday, December 23, 2008),— was placed on file.

Reports.

The following reports were severally read and placed on file:
A report of the Home Care Workforce Council (pursuant to Section 33 of Chapter 118 of the General Laws) submitting its initial performance review report and the findings of the consumer survey commissioned and the methodology used in that survey (received Monday, December 15, 2008); and
A report of the University of Massachusetts Board of Trustees (under the provisions of Section 3 of Chapter 7 of the General Laws) relative to rules and regulations adopted and/or amended by the Trustees of the University of Massachusetts in 2008 (copies having been forwarded as required) (received Thursday, December 18, 2008).

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of the Pondville Correctional Facility (received Tuesday, December 23, 2008),— was read and sent to the House for its information.

PAPERS FROM THE HOUSE.

A Bill relative to elevator regulations (House, No. 5175,— on House, No. 2346); and
A Resolve providing for an investigation and study by a special commission relative to designating 1,000 great places in the Commonwealth (House, No. 5181,— on House, No. 3417);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill validating the actions taken by the town of Webster open town meeting and establishing a charter for the town of Webster (printed in House, No. 5133,— being a message from His Excellency the Governor),— was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Bills
Relative to the city of Everett (House, No. 4762,— on petition) [Local approval received];
To amend the charter of the town of Dedham to clarify the method of organizing town agencies (House, No. 4877,— on petition) [Local approval received];
Relative to the minimum years of service required to be eligible for civil service promotions to the position of fire captain in the town of Chelmsford (House, No. 5149,— on petition) [Local approval received]; and
Relative to the charter in the town of Auburn (House, No. 5155,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Notice was received from the House announcing the following appointment:

That the Minority Leader of the House of Representatives has reappointed Dr. Vito R. S. Cardone of Lynnfield (under Section 9 of Chapter 111L of the General Laws) to the Biomedical Research Advisory Council.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Ms. Candaras) “congratulating the Longmeadow High School Lancers on their 2008 Division I Super Bowl Title”; and
Resolutions (filed by Ms. Candaras) “congratulating the Minnechaug Regional High School Falcons on their 2008 Division I Girls Soccer State Championship.”

PAPERS FROM THE HOUSE.
Emergency Preambles Adopted.

An engrossed Bill relative to the sewer system of the town of Ware (see Senate, No. 2731), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,— was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted in concurrence, by a vote of 2 to 0.
The bill was signed by the Acting President (Mr. Petruccelli) and sent to the House for enactment.

An engrossed Bill establishing a sick leave bank for Michael German, an employee of the Department of Mental Retardation (see House, No. 5151, changed), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,— was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted in concurrence, by a vote of 2 to 0.
The bill was signed by the Acting President (Mr. Petruccelli) and sent to the House for enactment.

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 authorizing the town of Westborough to grant an additional license for the sale of wine and malt beverages to be drunk on the premises (House, No. 4874),— 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 authorizing the town of Westborough to grant an additional license for the sale of wines and malt beverages to be drunk on the premises”.

The House Bill to permit the appointment of Darryl Sencabaugh for the position of fire fighter in the town of Wilmington pending the civil service exam (House, No. 4841),— 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 authorizing the appointment of Darryl Sencabaugh for the position of firefighter in the town of Wilmington”.

The Senate Bill to clarify the Massachusetts Water Resources Authority retirement system (Senate, No. 2864) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

The House Bill relative to the conversion of a credit union chartered on the Commonwealth to a federal charter (House, No. 1106) (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.

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 designating the Department of Youth Services facility in the town of Westboro as the Zaro Cisco Brough Princess White Flower facility (House, No. 3231).
There being no objection, the rules were suspended, on motion of Mr. Tarr, 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 designating the Department of Youth Services facility in the town of Westborough as the Zara Cisco Brough Princess White Flower Facility”.

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 the retirement allowance of Louis Cataldo, a retired employee of the Barnstable county sheriff’s office and retired chief of police of the town of Dennis (House, No. 5094).
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time.
Pending the question on ordering the bill to a third reading, Mr. O’Leary presented an amendment in section 1, by inserting after the word “board”, in line 4, the following words:— “and the Barnstable county commissioners”; and in line 5, by striking out the words “the Barnstable county commissioners; and”.
This amendment was adopted.

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, its title having been changed by the committee on Bills in the Third Reading to read as follows “An Act relative to retirement benefits for Louis Cataldo”.
Sent to the House for concurrence in the amendment.

By Mr. Panagiotakos, for the committee on Ways and Means, on Senate, No. 1856, in part, a “Bill relative to continuing the fiscal stability of the city of Springfield” (Senate, No. 2896).
The bill was read.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill 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.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Sharon Peeler-LaFountain, an employee of the Department of Correction (House, No. 5158, changed),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Resolve providing for an investigation and study by a special commission relative to economic opportunities in the Commonwealth (House, No. 5164) ,— ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2897.
There being no objection, the rules were suspended, on motion of Mr. Tarr, 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.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill relative to illegal parking in bus stops (House, No. 4891),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and ordered to a third reading.

PAPERS FROM THE HOUSE.
Engrossed Bills.

The following engrossed bills (the first eight of which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, were severally passed to be enacted and were signed by the Acting President (Mr. Petruccelli) and laid before the Governor for his approbation, to wit:
Relative to University of Massachusetts police officers (see Senate, No. 1639, amended);
Prohibiting discrimination against physical therapists and physical therapist assistants in securing medical malpractice insurance (see Senate, No. 2215);
Regulating public entities licensed by the department of telecommunications and energy (see Senate, No. 2469);
Designating a certain education center on Chickatawbut Hill in Milton as the Norman Smith Environmental Education Center at Chickatawbut Hill (see Senate, No. 2720);
Relative to the sewer system of the town of Ware (see Senate, No. 2731);
Establishing a revolving fund in the town of Ware (see Senate, No. 2732);
Increasing the membership of the Board of Selectmen in the town of Newbury (see Senate, No. 2802);
Relative to the sale of alcoholic beverages in the city of Somerville (see Senate, No. 2881);
Relative to the other postemployment benefits trust fund in the town of Arlington (see House, No. 4140);
Relative to professional engineers and land surveyors (see House, No. 4339);
Relative to caregiver medical and educational consent (see House, No. 4718);
Relative to cemeteries and burials (see House, No. 4752, amended);
Relative to the historical commission of the town of Lincoln (see House, No. 4760);
Authorizing the appointment of Michael P. Hickey as a police officer in the town of Hingham notwithstanding the maximum age requirement (see House, No. 4837);
Authorizing the town of Norwood to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises (see House, No. 4982);
Establishing the Needham center off-street parking fund (see House, No. 5000);
Authorizing the city of Lowell to pay funeral and burial expenses of employees killed in performance of duty (see House, No. 5126); and
Establishing a sick leave bank for Michael German, an employee of the Department of Mental Retardation (see House, No. 5151, changed).

Emergency Preamble Adopted.

An engrossed Bill making corrective changes in certain General and Special Laws (see Senate Bill, printed in Senate, No. 2895), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,— was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted in concurrence, by a vote of 2 to 0.
The bill was signed by the Acting President (Mr. Petruccelli) and sent to the House for enactment.

A petition (accompanied by bill, House, No. 5186) of A. Stephen Tobin for legislation to establish a sick leave bank for Genevieve O’Brien, an employee of the Trial Court,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on the Judiciary.

Order Adopted.

On motion of Mr. Tarr,—

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 Marisol Liliana O’Brien.

The Senator from Norfolk, Bristol and Plymouth, Mr. Joyce requested that when the Senate adjourns today, it adjourn in memory of Marisol Liliana O’Brien of Lexington, age 8, who will be buried today in Milton.

Marisol was a beautiful, spirited and courageous girl who lived over five years after being diagnosed with leukodystrophy due, in large part, to the incredible love of her parents, Patricia J. O’Brien (Joyce) and Thomas N. O’Brien, her sister, Nina, and her brothers Lucas and Tomas, along with the prayers of thousands of friends and strangers. Marisol was loved dearly by all who knew her and her life was a blessing upon many. Marisol was the niece of former Senator John D. O’Brien and of Senator Brian A. Joyce and the granddaughter of Gerald J. Joyce of Milton and the late Marjorie C. Joyce and of John D. O’Brien and Anne M. O’Brien of Harwich.

Accordingly, as a mark of respect to the memory of Marisol Liliana O’Brien, at twenty-three minutes past eleven o’clock A.M., on motion of Mr. Tarr, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.