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


Tuesday, January 20, 2009.

Met at three minutes past 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.


The following communications were severally received and placed on file:

A communication from His Excellency the Governor, Deval L. Patrick, stating his concerns relative to Senate, No. 62, “An Act establishing criminal penalties for assault and battery on a family or household member” which was signed into law (Chapter 534 of the Acts of 2008) on Friday, January 16, 2009; and
A communication from the Honorable Richard R. Tisei, Senate Minority Leader, announcing his appointment (pursuant to Section 111 of Chapter 182 of the Acts of 2008) of Senator Michael R. Knapik to the Special Commission to make an investigation and study of the Massachusetts Contributory retirement systems.


Notice was received from the House announcing the following appointment:

That the Speaker of the House of Representatives has appointed Representative Wallace of Boston to the special commission established (under Section 56 of Chapter 302 of the Acts of 2008) to investigate and study the impact of the OxyContin and heroin epidemic on state and municipal government, the substance abuse treatment system and to identify potential strategies to more effectively cope with said epidemic.

Order Adopted.

On motion of Mr. Knapik,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday next at eleven o’clock A.M.

Adjournment in Memory of Lieutenant Kevin Kelley.

The Senator from Norfolk and Plymouth, Mr. Morrissey, and the Senator from Middlesex, Mr. Donnelly, requested that when the Senate adjourns today, it adjourn in memory of Boston Fire Department Lieutenant Kevin Kelley.

Lieutenant Kevin Kelley, a 52-year-old father of three and a second-generation Boston firefighter from Quincy, was killed in the line of duty on January 9, 2009 when his truck, Ladder 26 went out of control down Parker Hill Avenue and crashed into a building. Lieutenant Kelley heroically warned the driver to avoid pedestrians and told his fellow firefighters to brace for impact prior to the crash. He was the fourth most senior lieutenant in the Boston Fire Department and posthumously received the Martin E. Pierce Medal of Valor for his actions that fateful day.

Accordingly, as a mark of respect to the memory of Lieutenant Kevin Kelley at eight minutes past eleven o’clock A.M., on motion of Mr. Knapik, the Senate adjourned to meet again on Thursday next at eleven o’clock A.M.