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


Thursday, January 3, 2013.

Met at twenty-two minutes before twelve o’clock noon (Ms. Spilka in the Chair).

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


The following communications were severally received and placed on file:

Communication from His Excellency the Governor relative to the base compensation of the members of the General Court pursuant to Article CXVII of the Amendments to the Constitution (received in the Office of the Clerk of the Senate on Thursday, January 3, 2013 at twenty minutes past ten o’clock A.M.);

Communication from the Honorable Michael R. Knapik, Clerk of the Republican Caucus of the Senate, announcing the election of Bruce E. Tarr of Essex and Middlesex as Minority Leader of the Senate; Robert L. Hedlund of Plymouth and Norfolk as Assistant Minority Leader of the Senate; Richard J. Ross of Norfolk, Bristol and Middlesex as the Minority Whip of the Senate and Michael R. Knapik of Hampden and Hampshire as the Ranking Republican Member of the Senate Committee on Ways and Means;

Communication from William F. Welch, Clerk of the Senate, announcing the appointments of Michael D. Hurley of Boston as Assistant Clerk of the Senate and Stacey O. LeMay as Second Assistant Clerk of the Senate;

Communication from the Honorable Michael O. Moore in compliance with Chapter 268A (received in the Office of the Clerk of the Senate on Thursday, January 3, 2013, at five minutes past eleven o’clock A.M.); and

Communication from the Honorable Bruce E. Tarr, Senate Minority Leader, announcing the appointment of Michael J. Benn of Concord to serve as his designee (pursuant to Section 2TTT of Chapter 165 of the Acts of 2012) to the Commonwealth Information Technology Initiative (CITI) Fund Advisory Board.

The following communication, together with the return of votes and schedules therein referred to, were received from the Secretary of the Commonwealth, to wit:


January 3, 2013.

To the Honorable Senate and House of Representatives:

I have the honor to lay before you the returns of votes cast at the election held in this Commonwealth on the sixth day of November, 2012, for Councillors in the several districts, together with schedules showing the number of ballots which appear to have been cast for each person voted for.

These returns have been duly canvassed by the Governor and Council, and are now transmitted for examination by the Senate and the House of Representatives, as required by the Constitution and the General Laws.

Very truly yours,
Secretary of the Commonwealth

Order Adopted.

On motion of Ms. O’Connor Ives,--

Ordered, That a joint committee to consist of members of Senate and the House of Representatives be appointed for the purpose of canvassing the votes for the Executive Councillors.

Senators Richard T. Moore of Worcester and Norfolk, Petruccelli of Suffolk and Middlesex, Rodrigues of Bristol and Plymouth, Brownsberger of Suffolk and Middlesex and Ross of Norfolk, Bristol and Middlesex, were appointed the committee on the part of the Senate.
Sent to the House for concurrence.
Subsequently, the order was returned by the House with the endorsement that it had been adopted, in concurrence.

The order bore the further endorsement that Representatives Kafka of Stoughton, Binienda of Worcester and Wong of Saugus were appointed on the part of the House.

Subsequently, Mr. Richard T. Moore, for the said special committee to which had been referred the returns of votes for the Councillors in the several districts submitted a report thereon, as follows:

After an examination of the returns, it appears that the following named persons have been duly elected in their respective districts, to wit:

District No. 1. Oliver P. Cipollini, Jr. of Barnstable.
District No. 2. Robert L. Jubinville of Milton.
District No. 3. Marilyn M. Petitto Devaney of Watertown.
District No. 4. Christopher A. Iannella, Jr., of Boston.
District No. 5. Eileen R. Duff of Gloucester.
District No. 6. Terrence W. Kennedy of Lynnfield.
District No. 7. Jennie L. Caissie of Oxford.
District No. 8. Michael J. Albano of Longmeadow.

The report was accepted and sent to the House.

Orders Adopted.

On motion of Mr. Joyce,--

Ordered, That the Secretary of the Commonwealth give notice to Oliver P. Cipollini, Jr, Robert L. Jubinville, Marilyn M. Petitto-Devaney, Christopher A. Iannella, Jr., Eileen R. Duff, Terrence W. Kennedy, Jennie L. Caissie and Michael J. Albano, that they have been duly elected Councillors to advise the Governor in the executive part of the government.
Sent to the House for concurrence.

On motion of Mr. Rosenberg,--

Ordered, That when the Senate adjourns today, it adjourn to meet again on Monday next at eleven o’clock A.M.

On motion of Mr. Ross, at eight minutes before twelve o’clock noon, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.