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


Monday, August 20, 2012.

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

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


A communication from His Excellency the Governor notifying the Senate and House of Representatives that he had signed Senate Bill, No. 2125, “An Act Regarding Prescription Drug Diversion, Abuse and Addiction” and his reasons for doing so (received in the office of the Clerk of the Senate on Monday, August 20, 2012 at two minutes before eleven o’clock A.M.),— was placed on file.


A Bill prohibiting the sale, installation and disposal of mercury thermostats (House, No. 4305,-- on House, No. 4204), -- was read and, under Senate Rule 27, referred to the committee on Ways and Means.

Relative to tax titles in the town of East Bridgewater (House, No. 3991,-- on petition) [Local approval received]; and
Relative to the appointment and status of the Fire Chief and Board of Fire Commissioners in the city of Fall River (House, No. 4030,-- on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

A report of the House committee on Ways and Means, asking to be discharged from further consideration of the bill (accompanied by bill, House, No. 4377, -- on House, No. 1027) establishing a board of registration of phlebotomists, and recommending that the same be referred to the committee on Health Care Financing,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence.

A Bill validating the proceedings relating to the authorization of debt by the Old Colony Regional Vocational Technical High School District (House, No. 3914, amended-- on petition),-- 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, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act validating certain actions taken by the Old Colony Regional Vocational Technical High School District relative to certain borrowing.”.

The House Bill relative to reducing phosphorus runoff (House, No. 4306, amended),-- came from the House with the endorsement that the House had concurred in the Senate amendments with a further amendment striking out all after the enacting clause and inserting in place thereof the text of House document numbered 4394.
The rules were suspended on motion of Mr. Tarr and the further House amendment was adopted, in concurrence.


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

Resolutions (filed by Ms. Donoghue) “commending Richard and Anne Cavanaugh on their years of dedicated service to the City of Lowell”;

Resolutions (filed by Ms. Spilka) “congratulating William G. "Bill" Holmes on the occasion of his one hundredth birthday”; and

Resolutions (filed by Ms. Spilka) “congratulating Lucas Christian Barrett on his elevation to the rank of Eagle Scout”;

Resolutions (filed by Ms. Spilka) “congratulating Robert Gerald Lahaie on his elevation to the rank of Eagle Scout”;

Resolutions (filed by Ms. Spilka) “congratulating Regis Richard Schratz on his elevation to the rank of Eagle Scout”;

Resolutions (filed by Ms. Spilka) “congratulating Craig Morrison Willey on his elevation to the rank of Eagle Scout”;

Resolutions (filed by Mr. Tarr) “congratulating the City of Gloucester and the Town of Lunenburg, Nova Scotia, on the sixtieth anniversary of the International Dory Races.”

Order Adopted.

On motion of Mr. Tarr,--

Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday 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 Kevin A. Dabrowski

The Senator from Worcester and Norfolk, Mr. Richard Moore, moves that when the Senate adjourns today, it do so in memory of Marine Corporal Kevin A. Dabrowski, 24, of Webster, Massachusetts, who died Saturday, August 11, 2012 in South Carolina from injuries sustained in a tragic car accident while he was returning home with his beloved son for a two-week visit.

Corporal Dabrowski was born on December 11, 1987 in Worcester and raised in Webster. He graduated from Bartlett High School in 2006 and was in the ROTC. He volunteered as an auxiliary fireman for the Webster Fire Department for 2 years. He then fulfilled his childhood dream of entering the United States Marine Corps in 2006.

Corporal Dabrowski was currently the first squad leader of the Third Platoon Bravo Company, 1/9 Walking Dead. He served his country for 6 years during which he was deployed on 3 tours of duty: Iraq, Afghanistan and on the USS Mesa Verde. He was honored that his next assignment was to include attending jump school this fall. He was awarded the Navy and Marine Corps Achievement Medal, the Combat Action Ribbon, the Navy Unit Commendation, the National Defense Service Medal, the Afghanistan Campaign Medal, the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Humanitarian Service Medal, the Sea Service Deployment Ribbon and the NATO ISAF Medal. His fellow marines nicknamed him D-BO.

Corporal Dabrowski leaves his parents, Alan A. and Jean E. (MacManus) Dabrowski of Webster; a son, Garrett A. Dabrowski, age 2; 2 sisters, Kimberly Penney and her husband Joel of Webster and Korey Dabrowski and her fiancé Curtis Grey of Enfield, CT; a niece Mia and a nephew Michael; aunts, uncles, cousins and many friends. He was preceded in death by a son Jake.

Corporal Dabrowski enjoyed barbecuing his famous ribs, flying remote control planes, being in the outdoors, mudding and listening to country music. His happiest times were those he spent with his son. He was a great father, a loving son and brother and a dedicated Marine. He was constantly in his family's hearts and minds. Kevin will be missed terribly by all who knew him.

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