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, December 3, 2012.

Met at twelve minutes past eleven o’clock A.M. (Mr. Brewer 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. Brewer), members, guests and staff then recited the pledge of allegiance to the flag. Pledge of allegiance.

Distinguished Guests.

There being no objection, the Chair (Mr. Brewer) handed the gavel to Mr. Joyce for the purpose of an introduction. Mr. Joyce then introduced, in the rear of the Chamber, members of the Benefit Corporation. The corporation offers entrepreneurs and investors the option to build and invest in businesses that meet higher standards of corporate purpose, accountability and transparency. Andrew Kassoy, Frank Carpenito, Carter Powers and John Abrams were recognized as co-founders of the Corporation. The Senate welcomed them with applause and they withdrew from the Chamber. Benefit Corporation.

PAPERS FROM THE HOUSE

Bills
Relative to private construction and providing for an addendum to a pipefitter’s license (House, No. 3158, amended,-- on petition); and Pipefitter’s license.
Establishing a sick leave bank for Judith Rocha, an employee of the Department of Children and Families (House, No. 4512, amended,-- on petition); Judith
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill relative to the Regional Wastewater District Enabling Act for the towns of Mansfield, Foxborough and Norton (House, No. 4487,-- on petition),-- was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Bills
Relative to the membership of the Conservation Commission of the town of Richmond (House, No. 3824,-- on petition) [Local approval received];
Regulating the grant of sewer system connections by the Board of Sewer and Commissioners of the town of Kingston (House, No. 4310,-- on petition) [Local approval received];
Designating certain tax revenue in the town of Wareham (House, No. 4390,-- on petition) [Local approval received]; and
Relative to the charter of the town of Chatham (House, No. 4473, amended,-- on House, No. 4141) [Local approval received on House, No. 4141];
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 relative to authorizing the town of Aquinnah to refund a certain tax payment (House, No. 3708) (its title having been changed by the committee on Bills in the Third Reading),-- was read a third time and passed to be engrossed, in concurrence.

Reports of Committees.

By Mr. Brewer, for the committee on Ways and Means, that the Senate Bill recognizing the profession of interior designers to bid on state contracts (Senate, No. 1634),-- ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2465).
There being no objection, the rules were suspended, on motion of Mr. Joyce, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2465) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

By Mr. Brewer, for the committee on Ways and Means, that the Senate Bill establishing a sick leave bank for Susan Sciola, an employee of the Department of Revenue (Senate, No. 2454),-- ought to pass, with an amendment inserting before the enacting clause the following emergency preamble:-
“Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith a sick leave bank for a certain employee of the department of revenue, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”
There being no objection, the rules were suspended, on motion of Mr. Joyce, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2454, amended) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

By Mr. Brewer, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Wayne Murry, an employee of the Department of Transportation (House, No. 4481),-- ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2463; by striking out the emergency preamble and inserting in place thereof the following emergency preamble:
“Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith a sick leave bank for a certain employee of the highway division of the Massachusetts Department of Transportation, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”; and by striking out the title and inserting in place thereof the following title “An Act establishing a sick leave bank for Wayne Murray, an employee of the Highway Division of the Massachusetts Department of Transportation”.
There being no objection, the rules were suspended, on motion of Mr. Ross, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendments.
Sent to the House for concurrence in the amendments.

By Mr. Brewer, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Barbara A. Dichiaro, an employee of the Massachusetts Department of Transportation (House, No. 4481),-- ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2464; by striking out the emergency preamble and inserting in place thereof the following emergency preamble:
“Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith a sick leave bank for a certain employee of the registry of motor vehicles, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”; and by striking out the title and inserting in place thereof the following title “An Act establishing a sick leave bank for Barbara A. Dichiaro, an employee of the Registry of Motor Vehicles”.
There being no objection, the rules were suspended, on motion of Mr. Ross, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendments.
Sent to the House for concurrence in the amendments.


The following report was laid before the Senate, the time within which the said committee was required to report having expired:---
Of the committee on Consumer Protection and Professional Licensure, ought NOT to pass (under Joint Rule 10), on the petition (accompanied by bill, Senate, No. 2049) of Richard T. Moore and Kevin Kuros (by vote of the town) for legislation to authorize the town of Bellingham to grant an additional license for the sale of wines and malt beverages not to be drunk on the premises.
The rules were suspended, on motion of Mr. Joyce, and the report was considered forthwith.
Mr. Joyce moved that the report be amended by substitution of a “Bill authorizing the town of Bellingham to grant an additional license for the sale of wines and malt beverages not to be drunk on the premises” (Senate, No. 2049).
The amendment was adopted.
The bill (Senate, No. 2049) was read and, under Senate Rule 26, placed in the Orders of the Day for the next session for a second reading.

PAPERS FROM THE HOUSE
Engrossed Bills.

The following engrossed bills (all 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. Brewer) and laid before the Governor for his approbation, to wit:
Designating 2 pavilions in the city of Revere as the Norman Gautreau Memorial Pavilions (see House, No. 4457); and
Validating the acts and proceedings at a special town election in the town of Templeton (see House, No. 4462).
Order Adopted.

On motion of Mr. Joyce,--

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.

Moment of Silence.

At the request of the Chair (Mr. Brewer), the members, guests and staff stood in a moment of silence and reflection to the memory of former Worcester City Clerk Robert E. O’Keefe.

Adjournment in Memory of Robert J. O’Keefe

The Senators from Worcester, Ms. Chandler and Mr. Michael O. Moore, moved that when the Senate adjourns today, it adjourn in memory of former Worcester City Clerk Robert J. O’Keefe of Worcester.

Former Worcester City Clerk Robert J. O’Keefe of Worcester passed away in his home surrounded by his loving family at the age of 88 on Wednesday, November 21, 2012. Mr. O’Keefe was a graduate of North High School and Clark University and later served as an administrator specialist in the Air Force Technical Command.

After World War II, he received an LLB and LLM from Boston University School of Law and was admitted to the Massachusetts Bar, Federal District Court of Massachusetts and the Supreme Court of the United States of America, and he practiced law from 1945 to 2006.

He was past President of the Massachusetts City Clerks Association, Worcester County City and Town Clerks Association. He was appointed City Clerk in 1953 and served with distinction for 45 years in that position.

Mr. O’Keefe is survived by his wife of 48 years, Elizabeth A. Walsh O’Keefe and many nieces and nephews. He was predeceased by a brother Daniel P. O’Keefe and a nephew Daniel B. O’Keefe.

Accordingly, as a mark of respect in memory of Robert J. O’Keefe, at twenty-five minutes past eleven o’clock A.M., on motion of Mr. Ross, the Senate adjourned to meet again on Thursday next at eleven o’clock A.M.