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.

Monday, November 5, 2012.

Met according to adjournment at 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 staff then recited the pledge of allegiance to the flag.

Communication.

Communication from the Honorable Martha Coakley, Attorney General, announcing her appointment of Jennifer A. Stark, Chief of Business and Labor Bureau, as her designee (superseding the previous appointment of Christopher K. Barry-Smith) to the Special Commission established (pursuant to Chapter 238 of the Acts of 2012) to make an investigation and study of independent contractors,-- was placed on file.

Report.

Report from the Honorable Martin J. Benison, Comptroller, (as required by Section 2 Chapter 68 of the Acts of 2011) submitting this third quarter BFY2012, as of March 31, 2012, report on “Settlements and Judgments” (received in the Office of the Clerk of the Senate on Monday, May 7, 2012, at fourteen minutes before two o’clock P.M.),-- was placed on file.

Petitions.

Mr. McGee presented a petition (subject to Joint Rule 12) of Thomas M. McGee, Robert F. Fennell and Steven M. Walsh for legislation to establish a sick leave bank for Donna DelCore, an employee of the Department of Developmental Services.
Referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

PAPERS FROM THE HOUSE.

Bills
Relative to the public accounting of public employee retirement systems (House, No. 4270,-- on House, No. 3478); and
Relative to certain retirement rights (House, No. 4271, changed,-- on House, No. 3481);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill relative to funeral home vehicle lights (House, No. 3390,-- on petition),-- was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Bills
Relative to electing water commissioners in the town of Harvard (House, No. 3997,-- on petition) [Local approval received]; and
Establishing the town of Acton energy efficiency fund (House, No. 4106,-- on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Matter Taken Out of the Orders of the Day.

There being no objection, the following matter was taken out of the Orders of the Day and considered, as follows:
The House Bill authorizing the town of Fairhaven to grant 1 additional license for the sale of all alcoholic beverages not to be drunk on the premises (House, No. 4293),--was read a second time.
Pending the question on ordering the bill to a third reading, Mr. Montigny presented an amendment in section 1, adding the following paragraph:-
“Upon issuance of the license authorized in this act, Total Confections, LLC shall surrender to the licensing authority the license it currently holds for the sale of wines and malt beverages not to be drunk on the premises.”
The 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 authorizing the town of Fairhaven to grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises”.
Sent to the House for concurrence in the amendment.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:-
Resolutions (filed by Mr. Pacheco) “congratulating Beth Lynn Boersdamm on receiving the Girl Scout of the USA Silver Award”; and
Resolutions (filed by Mr. Petruccelli) “congratulating Rose Napolitano on the joyous occasion of her 80th birthday.”

Report of a Committee.

Mr. Berry, 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 a certain corner in the town of Watertown as Menton Corner (House, No. 4287).
There being no objection, the rules were suspended, on motion of Mr. Ross, 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 a certain intersection in the town of Watertown as Menton Corner”.

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4490) of Anne M. Gobi and Marc R. Pacheco for legislation relative to reviving and continuing the special commission established (under Chapter 498 of the Acts of 2008) to make an investigation and study of water quality of the Charles River,-- was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Environment, Natural Resources and Agriculture.

Engrossed Bills.

The following engrossed bills (both of which originated in the House), 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 collection of estimated water assessments and general fund reimbursement in the town of Charlton (see House, No. 4203); and
Establishing a sick leave bank for Kevin Lewis, an employee of the Developmental Services (see House, No. 4450, amended).

Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill authorizing the Falmouth Retirement Board to acquire real property in the town of Falmouth (see House, No. 4317, amended), 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 4 to 0.
The bill was signed by the Acting President (Mr. Petruccelli) 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. Petruccelli) and laid before the Governor for his approbation.

Order Adopted.

On motion of Ms. Chandler,--

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 Judge Martha A. Brennan

The Senator from Worcester, Ms. Chandler, moved that when the Senate adjourns today, it adjourn in memory of Judge Martha A. Brennan.

Judge Martha A. Brennan, Chief Justice of the Clinton District Court, passed away at the age of 61 on Monday, October 29.

Judge Brennan, a graduate of Notre Dame Academy, Skidmore College and the Suffolk University School of Law, was first appointed as an Associate Justice of the Clinton District Court in 1988, and became Chief Justice in 2000.

Judge Brennan loved the law, had a great career in public service and will be greatly missed by her loved ones and colleagues.

Judge Brennan, who lived in Holden, is survived by her husband, Attorney Joseph F. Brennan Jr., and her children Joseph and Elizabeth Brennan.

Accordingly, as a mark of respect in memory of Judge Martha A. Brennan, at twenty-one minutes before twelve o’clock noon, on motion of Ms. Chandler, the Senate adjourned to meet again on Thursday next at eleven o’clock A.M.