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, March 3, 2011.

Met at eleven minutes past two o’clock P.M.

The President, members, guests and employees then recited the pledge of allegiance to the flag.

Communications.

The following communications were severally read and placed on file, to wit:

Communication from the Honorable Therese Murray, President of the Senate, announcing the following appointments to the Special Joint Committee on Redistricting:

Senator Stanley C. Rosenberg – Chair
Senator Sonia Chang-Díaz – Vice Chair
Senator Barry Finegold
Senator Karen Spilka
Senator James Timilty
Senator Daniel Wolf; and

Communication from the Honorable Therese Murray, President of the Senate, announcing the appointment of David Luberoff (pursuant to Section 73 of Chapter 6C of the General Laws) to the Special Public-Private Infrastructure Oversight Commission.

Petitions.

Petitions were severally presented and referred, as follows:

By Mr. Berry, a petition (accompanied by bill, Senate, No. 1874) of Frederick E. Berry (with the approval of the mayor and city council) for legislation to authorize the city of Salem to issue licenses for the sale of alcoholic beverages premises [Local approval received];
Under Senate Rule 20, to the committee on Consumer Protection and Professional Licensure.

By Mr. Brewer, a petition (accompanied by bill, Senate, No. 1873) of Stephen M. Brewer and Anne M. Gobi (by vote of the town) for legislation to combine the positions of treasurer-collector and tax collector into one position in the town of Barre [Local approval received];
Under Senate Rule 20, to the committee on Municipalities and Regional Government.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Report of the committee on Community Development and Small Businesses asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 996) of Benjamin Swan relative to domestic violence programs within the jurisdiction of the Department of Social Services,-- and recommending that the same be referred to the committee on Children, Families and Persons with Disabilities,- was considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Notice was received from the House announcing the following appointments by the Minority Leader of the House of Representatives:

That Representatives Jones of North Reading, Hill of Ipswich, Poirier of North Attleborough and Frost of Auburn have been appointed to the special joint committee on Redistricting.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:-

Resolutions (filed by Ms. Creem) “congratulating John Reinstein on his fortieth anniversary as the Legal Director of the American Civil Liberties Union of Massachusetts”;

Resolutions (filed by Mr. Kennedy) “honoring Patricia Elaine Morey on the occasion of her retirement from the Signature Healthcare Brockton Hospital after 41 years of faithful and dedicated service”;

Resolutions (filed by Mr. Montigny) “commending the Women’s Center of New Bedford on its celebration of the one hundredth anniversary of International Women’s Day”; and

Resolutions (filed by Mr. Richard T. Moore) “commending the staff and members of the Southbridge Credit Union on their outstanding efforts to end homelessness in Commonwealth.”

PAPER FROM THE HOUSE.
Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Nena Canada, an employee of the Trial Court (see Senate, No. 23), 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 12 to 0.
The bill was signed by the President and sent to the House for enactment.

Orders of the Day

The Orders of the Day were considered, as follows:

Reorganization Plan No. 1 of 2011 reorganizing the Executive Office of Labor and Workforce Development (House, No. 39),-- was considered.
After remarks, the question “shall this reorganization plan be approved?” was determined by a call of the yeas and nays, at twenty minutes past two o’clock P.M., under the provisions of Joint Rule 23A, as follows, to wit (yeas 38 – nays 0) [Yeas and Nays No. 7]:

YEAS.

Baddour, Steven A.

Joyce, Brian A.

Berry, Frederick E.

Keenan, John F.

Brewer, Stephen M.

Kennedy, Thomas P.

Candaras, Gale D.

Knapik, Michael R.

Chandler, Harriette L.

McGee, Thomas M.

Chang-Diaz, Sonia

Montigny, Mark C.

Clark, Katherine M.

Moore, Michael O.

Creem, Cynthia Stone

Moore, Richard T.

DiDomenico, Sal N.

Pacheco, Marc R.

Donnelly, Kenneth J.

Petruccelli, Anthony

Donoghue, Eileen M.

Rodrigues, Michael J.

Downing, Benjamin B.

Rosenberg, Stanley C.

Eldridge, James B.

Ross, Richard J.

Fargo, Susan C.

Spilka, Karen E.

Finegold, Barry R.

Tarr, Bruce E.

Flanagan, Jennifer L.

Timilty, James E.

Hart, John A., Jr.

Tolman, Steven A.

Hedlund, Robert L.

Welch, James T.

Jehlen, Patricia D.

Wolf, Daniel A. — 38.

NAYS — 0.

ABSENT OR NOT VOTING

Rush, Michael F. — 1.

The yeas and nays having been completed at twenty-three minutes past two o’clock P.M., Reorganization Plan No. 1 of 2011 was approved.

Report of a Committee.

By Mr. Brewer, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Margaret A. Bagley, an employee of the Trial Court (House, No. 44),-- ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Berry, and the bill was read a second time, ordered to a third reading, read a third time and was passed to be engrossed, in concurrence.

Petition.

On motion of Mr. Tarr, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Berry (accompanied by bill) of Frederick E. Berry and John D. Keenan (with the approval of the mayor and city council) for legislation to designate a certain road in the city of Salem as the Sgt. James Ayube Memorial Drive,-- and the same was referred to the committee on Transportation.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Petitions were severally referred, in concurrence, as follows, to wit:

Petition (accompanied by bill, House, No. 3221) of Kate Hogan, Carolyn C. Dykema, Steven Howitt and other members of the General Court for legislation to increase the membership of the Board of Agriculture within the Department of Agricultural Resources;
Under suspension of Joint Rule 12, to the committee on Environment, Natural Resources and Agriculture.

Petition (accompanied by bill, House, No. 3220) of Harold P. Naughton and Denise Provost for legislation to remove the statute of limitation for the offense of rape;
Under suspension of Joint Rule 12, to the committee on the Judiciary.

Joint petition (accompanied by bill, House, No. 3219) of Geraldo Alicea and Stephen M. Brewer for legislation to establish a sick leave bank for Sheila Santelli, an employee of the Department of Housing and Community Development; and

Petition (accompanied by bill, House, No. 3222) of John D. Keenan for legislation to establish a sick leave for Brenda Randazzo;
Severally under suspension of Joint Rule 12, to the committee on Public Service.

Order Adopted.

On motion of Mr. Spilka,--

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 Reverend Peter J. Gomes

The Senator from Plymouth and Barnstable, Ms. Murray, requested that when the Senate adjourns today, it adjourn in memory of Reverend Peter J. Gomes of Plymouth.

Reverend Gomes, who passed away Monday, at the age of 68, was a theologian, historian, author and a true son of Plymouth and the Commonwealth.
Born in Boston and raised in Plymouth, Reverend Gomes was a spiritual leader who prayed with some of the most powerful people in the world, but no matter how high his stature on the national and world stage rose, he never lost sight of what truly mattered to him –his faith, his family, and his hometown of Plymouth.
Throughout his life, he never let another define him, but rather he defined his role in the world, becoming the first African-American minister of Harvard Memorial Church, giving the benediction at former President Ronald Regan’s second inaugural and the sermon at the National Cathedral for the inaugural of former President George H.W. Bush.

In 2007, Reverend Gomes stood before this body and again was part of history delivering the benediction as the first woman Senate President in the history of the Commonwealth was sworn into office.

In that benediction, Reverend Gomes encouraged each member, saying:

“Give us grace to understand how our lives depend upon the courage, the industry, the honesty, and the integrity of our fellowmen; that we may be mindful of their needs, grateful for their fidelity, and faithful in our responsibilities to them.”

In his hometown, he was an essential part of cultivating the history of our nation through his knowledge and writings of the Pilgrims. Like the Pilgrims, Reverend Gomes allowed his faith to guide him and steady him as he stayed true to himself and his beliefs in the face of skeptics and naysayers.

The people of Plymouth embraced that strength, and looked to Reverend Gomes as a spiritual and community leader.

Whether in Plymouth, at Harvard or travelling around the world, Reverend Gomes’ moral compass never wavered as he spoke out about his personal life, his beliefs and views.

Using the power of the pulpit and his knowledge of scripture to enlighten, educate and inform generations of parishioners and the public as a whole, his unique style had a profound impact on anyone who sat in the pews in front of him or had the opportunity to speak with him.

Reverend Peter Gomes understood and preached that faith is something that, regardless of differences, can and should bring people together -- that we are all inherently equal in the eyes of God.

The passing of Reverend Gomes leaves this Commonwealth with a great sense of loss, but we are honored to have been able to been enlightened by the good preacher from Plymouth.

Reverend Gomes will remain in our hearts and prayers.

Accordingly, as a mark of respect to the memory of Reverend Peter J. Gomes, at twenty-nine minutes past two o’clock P.M., on motion of Mr. Berry, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.