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.

Friday, July 1, 2011.

Met according to adjournment at twelve o’clock noon (Mr. Rosenberg in the Chair).

Distinguished Guest.

Mr. Baddour in the Chair, there being no objection, the Chair (Mr. Baddour) handed the gavel to Mr. Kennedy for the purpose of an introduction. Mr. Kennedy then introduced, in the rear of the Chamber, Dick Flavin, a Hall of Fame Broadcaster. He’s known for 30 years of political commentary using humor and satire. He’s one of the country’s most notable public speakers. 10 years ago, he began the process of writing and creating the production of a one-man play on the life of his political hero, the legendary Speaker of the House Tip O’Neil. In 2008, Dick’s play “According to Tip” won the major writing award as best new play in New England. In a special encore presentation, Dick Flavin is starring as Tip O’Neil at the Lyric Stage Theatre until July 3. The Senate welcomed him with applause and he withdrew from the Chamber.

Reports of Committees.

By Mr. Keenan, for the committee on Mental Health and Substance Abuse, on Senate, No. 990 and House, No. 1417, a Bill relative to children’s mental health clinicians (Senate, No. 990);
Referred, under Joint Rule 1E, to the committee on Health Care Financing.

By Ms. Clark, for the committee on Public Service, on petition, a Bill exempting Joseph Walklett from the maximum age requirement for the appointment as a firefighter in the city of Malden (Senate, No. 1924) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Recess.

There being no objection, at one minute past twelve o’clock noon, the Chair (Mr. Rosenberg) declared a recess subject to the call of the Chair; and, at twenty-nine minutes past twelve o’clock noon, the Senate reassembled, the President in the Chair.

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

PAPERS FROM THE HOUSE
Committee of Conference Reports.

A report of the committee of conference of the disagreeing votes of the two branches, with reference to the Senate amendments to the House Bill making appropriations for the fiscal year 2012 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (House, No. 3401) (amended by the Senate by striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 1920, reported, in part, a Bill relative to properties in the Commonwealth (House, No. 3565) -- came from the House, and was read.
The rules were suspended, on motion of Mr. Brewer, and, after remarks, the report was considered forthwith and accepted, in concurrence.

A report of the committee of conference of the disagreeing votes of the two branches, with reference to the Senate amendments to the House Bill making appropriations for the fiscal year 2012 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (House, No. 3401) (amended by the Senate by striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 1920, reported, in part, a bill with the same title (House, No. 3535) -- came from the House, and was read.
The rules were suspended, on motion of Mr. Brewer, and the report was considered forthwith.

Mr. Baddour in the Chair, after debate, the question on acceptance of the report of the committee of conference was determined by a call of the yeas and nays, at five minutes before two o'clock P.M., on motion of Mr. Brewer, as follows, to wit (yeas 33- nays 4) [Yeas and Nays No. 47]:

YEAS

Baddour, Steven A. Kennedy, Thomas P.

Brewer, Stephen M.

Knapik, Michael R.

Candaras, Gale D.

McGee, Thomas M.

Chandler, Harriette L.

Montigny, Mark C.

Chang-Diaz, Sonia

Moore, Michael O.

Clark, Katherine M.

Moore, Richard T.
Creem, Cynthia Stone Murray, Therese

DiDomenico, Sal N.

Petruccelli, Anthony

Donoghue, Eileen M.

Rodrigues, Michael J.

Downing, Benjamin B.

Rosenberg, Stanley C.

Eldridge, James B. Ross, Richard J.

Finegold, Barry R.

Spilka, Karen E.

Flanagan, Jennifer L.

Tarr, Bruce E.

Hart, John A., Jr.

Timilty, James E

Jehlen, Patricia D.

Welch, James T.

Joyce, Brian A. Wolf, Daniel A. — 33.
Keenan, John F.  
NAYS
Donnelly, Kenneth J. Hedlund, Robert L.
Fargo, Susan C. Pacheco, Marc R. 4 .
PAIRED.
YEAS.
NAYS.
Berry, Frederick E. Tolman, Steven A. (present)

ABSENT OR NOT VOTING

Rush, Michael F.— 1 .

 

The yeas and nays having been completed at two minutes before two o’clock P.M., the report was accepted, in concurrence.

Engrossed Bill—Land Taking for Conservation Etc.

An engrossed Bill relative to properties in the Commonwealth (see House, No. 3565) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,-- was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at one minute before two o’clock P.M., as follows, to wit (yeas 37 - nays 0) [Yeas and Nays No. 48]:

YEAS

Baddour, Steven A.

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. — 37.
Joyce, Brian A.  
NAYS — 0.

ABSENT OR NOT VOTING

Berry, Frederick E. Rush, Michael F.— 2 .

The yeas and nays having been completed at one minute past two o’clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the President and laid before the Governor for his approbation.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:-
Resolutions (filed by Ms. Murray, Messrs. Tarr, Baddour, Berry and Brewer, Ms. Candaras, Ms. Chandler, Ms. Chang-Díaz, Ms. Clark, Ms. Creem, Messrs. DiDomenico and Donnelly, Ms. Donoghue, Messrs. Downing and Eldridge, Ms. Fargo, Mr. Finegold, Ms. Flanagan, Messrs. Hart and Hedlund, Ms. Jehlen, Messrs. Joyce, Keenan, Kennedy, Knapik, McGee, Montigny, Michael O. Moore, Richard T. Moore, Pacheco, Petruccelli, Rodrigues, Rosenberg, Ross and Rush, Ms. Spilka, and Messrs. Timilty, Tolman, Welch and Wolf) “honoring the Boston Bruins on their 2011 Stanley Cup Championship.”

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1053

June 30, 2011

William Welch, Clerk
Massachusetts State Senate
State House, Room 334
Boston, MA 02133

Dear Mr. Clerk:

I was unable to vote on four matters during Senate session on June 30, 2011. Had I been present, I would have taken the following votes:

• YES – Amendment #3 to Senate, No. 1950
• YES – Amendment #6 to Senate, No. 1950
• YES – Amendment #17 to Senate, No. 1950
• YES – Engrossment of House, No. 3483

I respectfully request that a copy of this letter be printed in the Senate Journal as part of the official record for June 30, 2011. Thank you in advance for your attention to this important matter.

Sincerely,
FREDERICK E. BERRY
Majority Leader

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

PAPER FROM THE HOUSE
Engrossed Bill—Land Taking for Conservation Etc.

An engrossed Bill authorizing the town of Edgartown to use a certain parcel of conservation land for grass field airport purposes (see House, No. 2888) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,-- was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at three minutes past two o’clock P.M., as follows, to wit (yeas 37 - nays 0) [Yeas and Nays No. 49]:

YEAS

Baddour, Steven A.

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. — 37.
Joyce, Brian A.  
NAYS — 0.

ABSENT OR NOT VOTING

Berry, Frederick E. Rush, Michael F.— 2 .

The President in the Chair, the yeas and nays having been completed at five minutes past two o’clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the President and laid before the Governor for his approbation.

Recess.

There being no objection, at eleven minutes past two o’clock P.M., the President declared a recess subject to the call of the Chair; and, at seventeen minutes before three o’clock P.M., the Senate reassembled, the Mr. Baddour in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

PAPERS FROM THE HOUSE
Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill making appropriations for the fiscal year 2012 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (see House, No. 3535), 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. Baddour) and sent to the House for enactment.
Subsequently, the bill, which originated in the House, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the Acting President (Mr. Baddour) and laid before the Governor for his approbation.

Orders Adopted.

On motion of Mr. Hedlund,--

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

Moment of Silence.

The President in the Chair, at the request of the President, the members, guests and employees stood in a moment of silence and reflection to the memory of Army Staff Sergeant Alan L. Snyder of Blackstone and Army Sergeant Matthew R. Gallagher of North Falmouth.

Adjournment in Memory of Staff Sergeant Alan L. Snyder

Mr. Richard T. Moore in the Chair, the Senator from Worcester and Norfolk, Mr. Richard T. Moore requested that when the Senate adjourns today, it adjourn in memory of Staff Sergeant Alan L. Snyder of Blackstone.

Staff Sergeant Alan L. Snyder, 28, of Blackstone, Massachusetts, was killed in an accident in Afghanistan on Saturday, June 18, 2011, during “Operation Enduring Freedom.”

Sergeant Snyder was one of four soldiers killed when the vehicle in which they were riding rolled over in Uruzgan Province. All four soldiers were members of the 4th Battalion, 70th Armor Regiment, 170th Infantry Brigade Combat Team, based in Baumholder, Germany.

Sergeant Snyder had lived in Blackstone at 28 Clyde St., with his parents, Julie A. and Alfred L. Snyder, and brothers James and Justin Snyder. Sergeant Snyder died only days after celebrating his 28th birthday on June 11, 2011.

The Snyder family moved to Blackstone in 2001, and then moved away in 2004 when Sergeant Snyder joined the United States Army. He is the town of Blackstone’s first military casualty since the Korean War. The family currently lives in Winchester, Kentucky.

Adjournment in Memory of Army Sergeant Matthew R. Gallagher

The President in the Chair, the Senator from Plymouth and Barnstable, Ms. Murray and the Senator from Plymouth and Norfolk, Mr. Hedlund, requested that when the Senate adjourns today, it adjourn in memory of Army Sergeant Matthew R. Gallagher.

Army Sergeant Matthew R. Gallagher, a 22 year old from North Falmouth, died June 26th, 2011. He was deployed to the Wasit province of Iraq as part of a combat team of the First Cavalry Division out of Fort Hood in Texas where he and a fellow soldier were performing a house sweep when shots were fired. Matthew was taken to a hospital by Army medics, where he succumbed to his injuries.

He initially joined the Army with the intention of using the experience to prepare him for a career as a police officer. Matthew’s father, Peter Gallagher, is a retired member of the Quincy Police Department. However, after excelling in the Army and receiving promotions and praise from his superiors, Matthew had a change of heart. As his mother explained, “He found his niche, he sort of dismissed the idea of being a cop. He decided this is what he wanted to do.”

Matthew moved from Hyde Park to North Falmouth with his family when he was a freshman in high school. He is described by his family as a sensitive person who did his best to avoid hurting other people’s feelings.

He began dating his wife, Katie Gallagher, six years ago and they married in December 2009 before the two moved to Fort Hood. Matthew would have turned 23 years old on July 5th and planned to celebrate with Katie when he returned home later next month on a two-week leave from Iraq.

Matthew also enjoyed mountain biking and playing paint ball with friends.

He is the 11th soldier with ties to Cape Cod to die in combat in Iraq or Afghanistan since 2006.

Army Sergeant Gallagher is survived by his wife, his parents and countless family and friends.

Our thoughts and prayers are with Matthew’s family, and all the mothers, fathers and spouses in the Commonwealth who have had to bear such a grief over the duration of these wars.

Mr. Baddour in the Chair, accordingly, as a mark of respect to the memory of Army Staff Sergeant Alan L. Snyder of Blackstone and Army Sergeant Matthew R. Gallagher, at thirteen minutes before three o’clock P.M., on motion of Mr. Hedlund, the Senate adjourned to meet again on Tuesday next at eleven o’clock A.M.