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, November 15, 2012.

Met according to adjournment at eleven o’clock A.M. (Mr. DiDomenico 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. DiDomenico), members, guests and staff then recited the pledge of allegiance to the flag.

Distinguished Guests.

There being no objection, the Chair (Mr. DiDomenico) handed the gavel to Ms. Jehlen for the purpose of an introduction. Ms. Jehlen then introduced, in the rear of the Chamber, the 8th grade class from the Healey School in Somerville. The class was on a field trip to the State House learning about the different aspects of state government. The Senate welcomed them with applause and he withdrew from the Chamber.

Communications.

The following communications were severally received and placed on file:

Several communications from the Honorable Therese Murray, President of the Senate, announcing the following appointments:

Senator Richard T. Moore to the Governor’s Commission to examine best practices in other states, regarding oversight of compounding pharmacies that produce injectable medications and to advise on changes needed in federal and state laws or regulations to assure the public’s safety; and

Senator Sal N. DiDomenico (pursuant to Section 9 of Chapter 238 of the Acts of 2012) to the Massachusetts Advanced Manufacturing Collaborative.

Petition.

Mr. Rosenberg presented a petition (accompanied by bill, Senate, No. 2451) of Stanley C. Rosenberg and Denise C. Andrews (by vote of the town) for legislation to authorize the town of Greenfield to grant an additional license for the sale of wine and malt beverages to be drunk on the premises [Local approval received];
Referred, under Senate Rule 20, to the committee on Consumer Protection and Professional Licensure.
Sent to the House for concurrence.

Report of a Committee.

By Mr. Brownsberger, for the committee on Public Service, on petition, a Bill to establish a sick leave bank for Lori Roche, an employee of the Department of Children and Families (Senate, No. 2450);
Read and referred, under Senate Rule 27, to the committee on Ways and Means.

HOUSE PAPERS

Bills
Establishing a sick leave bank for Wayne Murry, an employee of the Massachusetts Department of Transportation (House, No. 4481,-- on petition); and
Establishing a sick leave bank for Barbara A. Dichiaro, an employee of the Massachusetts Department of Transportation (House, No. 4488,-- on petition);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill relative to commuter shuttles and public transportation improvements (House, No. 901,-- on petition),-- was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Notice was received from the House of Representatives announcing the following appointment by the Minority Leader:
Appointing Julieann M. Thurlow, President & Chief Executive Officer of Reading Co-Operative Bank to served has his designee on the task force established (under Section 4 of Chapter 194 of the Acts of 2012) to make an investigation and study of ways in which the Commonwealth can encourage the prevention of unnecessary vacancies following foreclosures.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:-
Resolutions (filed by Ms. Creem, Ms. Murray, Messrs. Brewer and Brownsberger, Ms. Chandler, Ms. Clark, Messrs. DiDomenico and Donnelly, Ms. Donoghue, Messrs. Downing, Eldridge and Finegold, Ms. Flanagan, Mr. Hedlund, Ms. Jehlen, Messrs. Joyce, Keenan, Knapik, McGee, Michael O. Moore, Richard T. Moore, Rodrigues, Rosenberg, Ross and Rush, Ms. Spilka and Messrs. Tarr, Timilty, Welch and Wolf) “commemorating the celebration of Chanukah 2012.”

Reports of Committees.

By Mr. Berry, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Michael O. Moore and John P. Fresolo for legislation to establish a sick leave bank for Yolanda Marrero, an employee of the Trial Court.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on the Judiciary.

By Mr. Berry, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Sal N. DiDomenico, Thomas M. McGee and Donald H. Wong for legislation to establish a sick leave bank for James A. O’Connor, employee of the Division of Professional Licensure.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.

By Mr. Berry, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Benjamin B. Downing and Tricia Farley-Bouvier for legislation to establish a sick leave bank for Susan Sciola, an employee of the Department of Revenue.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.

By Mr. Berry, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Thomas M. McGee, Steven M. Walsh and Robert F. Fennell for legislation to establish a sick leave bank for Donna DelCore, an employee of the Department of Developmental Services.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.
Severally sent to the House for concurrence.

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 exempting Jeanine Bonnayer from the maximum age requirement for applying for civil service appointment as a police officer in the town of Ware (House, No. 3875),-- was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Reports of Committees.

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 validating the acts, votes and proceedings of the 2012 Spring Annual Town Meeting and 2012 Spring Special Town Meeting of the town of Westminster (printed in House, No. 4354).
There being no objection, the rules were suspended, on motion of Mr. Timilty, 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 the actions taken at certain town meetings in the town of Westminster”.

By Mr. Brewer, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Jennifer O’Connell, an employee of the Department of Correction (House, No. 4479),-- ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Timilty, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

PAPERS FROM THE HOUSE

A Bill authorizing Adam A. Seguin to take the civil service examination for appointment as a police officer in the town of Ware notwithstanding the maximum age requirement (House, No. 4470,-- on House, No. 4283) [Local approval received on House, No, 4283],-- was read.
There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Engrossed Bill.

An engrossed Bill establishing the position of deputy chief of the Stoughton Police Department and exempting the position from the civil service law (see House, No. 4417) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and signed by the Acting President (Mr. DiDomenico) and laid before the Governor for his approbation.

A petition (accompanied by bill, House, No. 4504) of Todd M. Smola for legislation to establish a sick leave bank for Scott Giroux, an employee of the Department of Mental; Health,-- was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Service.

Order Adopted.

On motion of Mr. Hedlund,--

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 former Congressman Joseph D. Early

The Senators from Worcester, Ms. Chandler and Mr. Michael O. Moore, and the Senator from Worcester, Hampden, Hampshire and Franklin, Mr. Brewer, moved that when the Senate adjourns today, it adjourn in memory of former State Representative and Congressman Joseph D. Early of Worcester.
Congressman Joseph D. Early Sr. of Worcester passed away peacefully surrounded by his loving family at the age of 79 on Friday, November 9, 2012.
Congressman Early, was a graduate of St. John’s High School and the College of the Holy Cross, and served in the United States Navy on the destroyer USS Dashiell.

After graduation from Holy Cross, he married his high school sweetheart Marilyn A. Powers, settled in Worcester and started a family.

A teacher by profession, in 1962 he followed his desire to serve publicly and ran for State Representative. He was victorious and won by the narrowest of margins.

In 1974, he ran for the United States Congress and quickly earned the reputation of one not seeking the limelight but fighting for his causes, doing his homework, and delivering for the people of central Massachusetts.

During his time in Congress he fought passionately for funding towards biomedical research, cures for Breast Cancer, AIDS, Cystic Fibrosis, Juvenile Diabetes and many other diseases. Among his many accomplishments, Worcester's UMass Medical School and the Biotech Park were particularly close to his heart.

Congressman Early is survived by his wife Marilyn and his children Joseph Jr., Mark, Colleen, Maureen, Lynn, Sean, Eileen, Patrick, their spouses and 23 grandchildren. He also leaves two sisters, Bernadette Hickey of Worcester, and Mary Gallagher of Surprise, Arizona.

Accordingly, as a mark of respect in memory of former Congressman Joseph D. Early, at fourteen minutes past eleven o’clock A.M., on motion of Mr. Hedlund, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.