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, March 20, 2014.

Met according to adjournment at one o’clock P.M. (Mr. Richard T. Moore in the Chair).

Distinguished Guests.

There being no objection, the President handed the gavel to Ms. Candaras for the purpose of an introduction. Ms. Candaras then introduced, in the rear of the Chamber, the President of the Changchun Railway Vehicles Co. Lu Xiwei and four members of their team. Changchun Railway Vehicles Co. is the largest maker of transit and rail passenger cars in the world and plans to build a 125,000 square foot rail car assembly plant and accompanying 33,750 square foot office building on the 40 acre former Westinghouse site on Page Boulevard in East Springfield. Changchun will use Springfield as a base to expand into the North American market, making rail cars in Springfield for other cities. The Senate welcomed them with applause and they withdrew from the Chamber. They were also guests of Senator Welch.

Reports.

The following reports were severally received and placed on file to wit:

Report of the Massachusetts District Attorneys Association (pursuant to item 0340-2100 of Chapter 38 of the Acts of 2013) submitting a report detailing Disabled Persons Protection Commission case referrals to district attorneys (received March 17, 2014); and
Report of the Plymouth County Registry of Deeds (under the provisions of Section 4 of Chapter 4 of the Acts of 2003 and of Section 2KKK Chapter 29 of the General Laws) (copies will be forwarded as required to the Senate Committees on Ways and Means and Post Audit and Oversight) (received Wednesday, March 19, 2014).

Orders.

Mr. Tmility presented an Order relative to granting the committee on Public Safety and Homeland Security be granted until May 15, 2014, within which time to make its final report on current Senate documents numbered 1115, 1116, 1120, 1126, 1128, 1131, 1132, 1140, 1143, 1156, 1157, 1159, 1160, 1161, 1162, 1163, 1178, and 1198 (Senate, No. 2056);
Mr. Rush presented an Order relative to granting the committee on Veterans and Federal Affairs until May 1, 2014, within which time to make its final report on current Senate documents numbered 1692 and 1749 (Senate, No. 2057);
Mr. Keenan presented an Order relative to granting the committee on Public Health until May 20, 2014, within which time to make its final report on current Senate document numbered 1031 (Senate, No. 2058);
Mr. Keenan presented an Order relative to granting the committee on Public Health until May 20, 2014, within which time to make its final report on current Senate document numbered 1079 (Senate, No. 2059);
Ms. Forry presented an Order relative to granting the committee on Municipalities and Regional Government until March 31, 2014, within which time to make its final report on current Senate document numbered 970 (Senate, No. 2060); and
Mr. Barrett presented an Order relative to granting the committee on Children, Families and Persons with Disabilities until June 13, 2014, within which time to make its final report on current Senate documents numbered 27, 28, 29, and 30, and House documents numbered 85, 106, 124, and 151 (Senate, No. 2061);
Severally referred, under Joint Rule 30, to the committees on Rules of the two branches, acting concurrently.

Petition.

Petitions were severally presented and referred as follows:
By Mr. Downing, a petition (accompanied by bill, Senate, No. 2051) Benjamin B. Downing and Stephen Kulik (by vote of the town) for legislation to authorize the town of Chesterfield to continue the employment of Police Chief Gary Wickland [Local approval received];
Under Senate Rule 20, to the committee on Public Service.
Sent to the House for concurrence.

By Ms. Chandler, a petition (subject to Joint Rule 12) of Harriette L. Chandler and Mary S. Keefe for legislation to establish a sick leave bank for Alexis Baez, an employee of the Worcester Recovery Center and Hospital; and
By Mr. Michael O. Moore, a petition (subject to Joint Rule 12) of Michael O. Moore for legislation relative to transparency in political contributions by corporations;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Ms. O’Connor, for the committee on Tourism, Arts and Cultural Development, on petition (accompanied by bill, Senate, No. 1626), an Order relative to authorizing the joint committee on Tourism, Arts and Cultural Development to make an investigation and study relative to the treatment of elephants (Senate, No. 2050) (Senator Chang-Diaz, Senator Downing, Senator Hedlund, Senator Lovely, Senator O’Connor Ives, Senator Wolf, Representative Andrews of Orange and Representative Mannal of Barnstable dissenting) Note:[Senator O’Connor Ives merely signed the report, although dissenting therefrom, in order to bring it to the floor of the Senate for action];
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By Ms. Donoghue, for the committee on Community Development and Small Business, on petition, a Bill relative to active streets and healthy communities (Senate, No. 68);
By Ms. Chang-Diaz, for the committee on Education, on petition, a Bill to improve the excellence to teaching programs (Senate, No. 229);
By the same Senator, for the same committee, on Senate No. 234 and House Nos. 367, 410 and 519, a Bill relative to financial literacy in schools (Senate, No. 234);
By the same Senator, for the same committee, on petition, a Bill to prohibit a municipality or regional school district from using public funds or other public resources for the recruitment of students from outside the municipality or regional school district (Senate, No. 1804);
By Mr. Eldridge, for the committee on Housing, on petition, a Bill to update Chapter 40R (Senate, No. 591);
By the same Senator, for the same committee, on petition, a Bill to prevent homelessness among elderly and disabled persons and families facing no-fault evictions (Senate, No. 598);
By the same Senator, for the same committee, on petition, a Bill relative to protect condominium owners (Senate, No. 606);
By the same Senator, for the same committee, on petition, a Bill relative to the revitalization of state public housing developments (Senate, No. 614);
By Mr. Timilty, for the committee on Public Safety and Homeland Security, on Senate Nos. 1129, 1155 and 1865, Appendix I, a Bill relative to adding a sheriffs board of administrations (Senate, No. 1155);
By Mr. Brownsberger, for the committee on Public Service, on petition (accompanied by bill Senate, No.1204), a Bill to provide contract employees with health insurance and retirement benefits (Senate, No. 2049);
By Mr. Donnelly, for the committee on State Administration and Regulatory Oversight, on petition, a Bill relative to equity in public contracting in honor of Bruce C. Bolling (Senate, No. 1463);
By the same Senator, for the same committee, on petition, a Bill to make technical corrections to the State Trademarks Act (Senate, No. 1465);
By the same Senator, for the same committee, on petition, a Bill relative to records open to public inspection (Senate, No. 1473);
By the same Senator, for the same committee, on petition, a Bill to lower the cost of creating record copies for historical researchers (Senate, No. 1474); and
By the same Senator, for the same committee, on petition, a Bill to promote the use of total energy impact analysis (Senate, No. 1479);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Ms. Donoghue, for the committee on Community Development and Small Business, on petition, a Bill to safeguard municipal permitting (Senate, No. 76); and
By Mr. Eldridge, for the committee on Housing, on petition, a Bill clarify the collection of condominium fees (Senate, No. 615);
Severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Committee Discharged.

Mr. Donnelly, for the committee on State Administration and Regulatory Oversight, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 1478) of Eileen M. Donoghue, James Arciero, Angelo L. D'Emilia and Linda Campbell for legislation to further define fraud in public construction contracts,-- and recommending that the same be referred to the committee on the Judiciary;
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE

Petitions were severally referred, in concurrence, as follows, to wit:
Petition (accompanied by bill, House, No. 3960) of Viriato Manuel deMacedo (by vote of the town) that the town of Plymouth be authorized to exchange a parcel of land held for water purposes for a parcel of land in the town of Plymouth;
Petition (accompanied by bill, House, No. 3961) of Carolyn C. Dykema and Karen E. Spilka (by vote of the town) that the town Holliston be authorized to establish a department of public works; and
Petition (accompanied by bill, House, No. 3962) of Aaron Vega (with the approval of the mayor and city council) relative to unpaid sewer use charges in the city of Holyoke;
Severally to the committee on Municipalities and Regional Government.

A Bill revising the reporting date for the task force on the prevention of unnecessary vacancies following foreclosures (House, No. 3969,-- on House, No. 3877),-- was read and, under Joint Rule 29, referred to the committees on Rules of the two branches, acting concurrently.

A Bill making corrective changes in certain laws regarding the taxation of forest, farm and recreational land (House, No. 2551,-- on petition),-- was read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill authorizing the town of Scituate to establish the date of its annual town election (printed in House, No.3911,-- being a message from His Excellency the Governor),-- was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

A Bill relative to the powers of the Boston Fair Housing Commission (House, No. 3625,-- on petition) [Local approval received],-- was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

There being no objection, at one minute past one o’clock P.M., the Chair (Mr. Richard T. Moore) declared a recess subject to the call of the Chair; and, at fourteen minutes before two o’clock P.M., the Senate reassembled, the President in the Chair.

The President, members, guests and staff then recited the pledge of allegiance to the flag.

PAPERS FROM THE HOUSE.

The following House Orders (approved by the committees on Rules of the two branches, acting concurrently) was considered, as follows:

Ordered, That, notwithstanding the provisions of Joint Rule 10, the committee on Labor and Workforce Development be granted until Thursday, July 31, 2014, within which time to make its final report on current Senate documents numbered 150, 846, 852, 862, 864, 870, 875, 878, 879, 883, 886, 895, 900, and 901, and House documents numbered 1695, 1701, 1707, 1711, 1715, 1718, 1729, 1732, 1734, 1736, 1738, 1739, 1740, 1747, 1749, 1751, 1756, 1757, 1765, 1769, 1770, 1772, 1773, 1775, 1778, 3296, and 3313.
The rules were suspended, on motion of Mr. Wolf, and the order was considered forthwith.
Pending the question on adoption of the order, on motion of Mr. Brewer, the order was referred to the committee on Ethics and Rules.

Ordered, That, notwithstanding the provisions of Joint Rule 10, the committee on The Judiciary be granted until Monday, June 30, 2014, within which time to make its final report on current Senate documents numbered 65, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672, 673, 674, 675, 676, 677, 678, 679, 680, 681, 682, 683, 684, 685, 686, 687, 688, 689, 690, 691, 692, 693, 694, 695, 696, 697, 698, 699, 700, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 733, 734, 735, 736, 737, 738, 739, 740, 741, 742, 743, 744, 745, 746, 747, 748, 749, 750, 751, 752, 753, 754, 755, 756, 757, 758, 759, 760, 761, 762, 763, 764, 765, 766, 767, 768, 769, 770, 771, 772, 773, 775, 776, 777, 778, 779, 780, 781, 782, 783, 784, 785, 786, 787, 788, 789, 790, 791, 792, 793, 794, 795, 796, 797, 798, 799, 800, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828, 830, 831, 832, 833, 835, 836, 837, 838, 839, 840, 841, 842, 1127, 1389, 1779, 1913, 1914, and 2008, and House documents numbered 5, 9, 10, 20, 21, 27, 30, 31, 32, 33, 34, 35, 36, 37, 38, 52, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1180, 1181, 1182, 1183, 1184, 1185, 1186, 1187, 1188, 1189, 1190, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1227, 1228, 1229, 1230, 1231, 1232, 1233, 1234, 1235, 1236, 1237, 1238, 1239, 1240, 1241, 1242, 1243, 1244, 1245, 1246, 1247, 1248, 1249, 1250, 1251, 1252, 1253, 1254, 1255, 1256, 1257, 1258, 1259, 1260, 1261, 1262, 1263, 1264, 1265, 1266, 1267, 1268, 1269, 1270, 1271, 1272, 1273, 1274, 1275, 1276, 1277, 1278, 1279, 1280, 1281, 1282, 1283, 1284, 1285, 1286, 1287, 1288, 1289, 1290, 1291, 1292, 1293, 1294, 1295, 1296, 1297, 1298, 1299, 1300, 1301, 1302, 1303, 1304, 1305, 1306, 1307, 1308, 1309, 1310, 1311, 1312, 1313, 1314, 1315, 1316, 1317, 1318, 1319, 1320, 1321, 1322, 1323, 1324, 1325, 1326, 1327, 1328, 1329, 1330, 1331, 1332, 1333, 1334, 1335, 1336, 1337, 1338, 1339, 1340, 1341, 1342, 1343, 1344, 1345, 1346, 1347, 1348, 1349, 1350, 1351, 1352, 1353, 1354, 1355, 1356, 1357, 1358, 1359, 1360, 1361, 1362, 1363, 1364, 1365, 1366, 1367, 1368, 1369, 1370, 1371, 1372, 1373, 1374, 1375, 1376, 1377, 1378, 1379, 1380, 1381, 1382, 1383, 1384, 1385, 1386, 1387, 1388, 1389, 1390, 1391, 1392, 1393, 1394, 1395, 1396, 1397, 1398, 1399, 1400, 1401, 1402, 1403, 1404, 1405, 1406, 1407, 1408, 1409, 1410, 1411, 1412, 1413, 1414, 1415, 1416, 1417, 1418, 1419, 1420, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429, 1430, 1431, 1433, 1434, 1435, 1436, 1437, 1438, 1439, 1440, 1441, 1442, 1443, 1444, 1445, 1446, 1447, 1448, 1449, 1450, 1451, 1452, 1453, 1454, 1455, 1456, 1457, 1458, 1459, 1460, 1461, 1462, 1463, 1464, 1465, 1466, 1467, 1468, 1469, 1470, 1471, 1472, 1473, 1474, 1475, 1476, 1477, 1478, 1479, 1480, 1481, 1482, 1483, 1484, 1485, 1486, 1487, 1488, 1489, 1490, 1491, 1492, 1493, 1494, 1495, 1496, 1497, 1498, 1499, 1500, 1501, 1502, 1503, 1504, 1505, 1506, 1507, 1508, 1509, 1510, 1512, 1513, 1514, 1515, 1516, 1517, 1518, 1519, 1520, 1521, 1522, 1523, 1524, 1525, 1526, 1527, 1528, 1529, 1530, 1531, 1532, 1533, 1535, 1536, 1537, 1538, 1539, 1540, 1541, 1542, 1543, 1544, 1545, 1546, 1547, 1548, 1549, 1550, 1551, 1552, 1553, 1554, 1555, 1556, 1557, 1558, 1559, 1560, 1561, 1562, 1563, 1564, 1565, 1566, 1567, 1568, 1569, 1570, 1571, 1572, 1573, 1574, 1575, 1576, 1578, 1579, 1580, 1581, 1582, 1583, 1584, 1585, 1586, 1587, 1588, 1589, 1590, 1591, 1592, 1593, 1594, 1595, 1596, 1597, 1598, 1599, 1600, 1601, 1602, 1603, 1604, 1605, 1606, 1607, 1608, 1609, 1610, 1611, 1612, 1613, 1614, 1615, 1616, 1617, 1618, 1619, 1620, 1621, 1622, 1623, 1624, 1625, 1626, 1627, 1628, 1629, 1630, 1631, 1632, 1633, 1634, 1635, 1636, 1637, 1638, 1639, 1640, 1641, 1642, 1643, 1644, 1645, 1646, 1647, 1648, 1649, 1650, 1651, 1652, 1653, 1654, 1655, 1656, 1657, 1658, 1659, 1660, 1661, 1662, 1663, 1664, 1665, 1666, 1667, 1668, 1669, 1670, 1671, 1672, 1673, 1674, 1675, 1676, 1677, 1678, 1679, 1680, 1681, 1682, 1683, 1684, 1685, 1686, 1687, 1688, 1689, 1690, 1691, 1692, 1693, 2101, 2102, 2149, 2870, 3230, 3261, 3294, 3295, 3311, 3312, 3351, 3352, 3353, 3393, 3394, 3427, 3428, 3572, 3596, 3691, 3692, 3746, 3747, 3748, 3749, 3782, 3798, 3824, 3865, 3886, 3887, 3910, and 3924.
The rules were suspended, on motion of Ms. Jehlen, and the order was considered forthwith.
Pending the question on adoption of the order, on motion of Mr. Brewer, the order was referred to the committee on Ethics and Rules.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:-
Resolutions (filed by Mr. Barrett) “congratulating the Modern Bedford Minutemen Company on 50 years of service to the town of Bedford”;
Resolutions (filed by Mr. Barrett) “commending the USA Warriors Ice Hockey Program for its continued support for military veterans”;
Resolutions (filed by Mr. Hedlund) “congratulating Jack Dempsey on his elevation to the rank of Eagle Scout”;
Resolutions (filed by Mr. Hedlund) “congratulating Nicholas Henning on his elevation to the rank of Eagle Scout”;
Resolutions (filed by Mr. Hedlund) “congratulating Gabriel Sylvester on his elevation to the rank of Eagle Scout”;
Resolutions (filed by Mr. Hedlund) “congratulating the National Society of the Sons of the American Revolution on its one hundred and twenty-fifth anniversary”;
Resolutions (filed by Mr. Petruccelli) “honoring Thomas J. Curry for his dedicated service to the Commonwealth of Massachusetts and to the United States of America”;
Resolutions (filed by Mr. Ross) “ congratulating Conor Ryan Donovan on his elevation to the rank of Eagle Scout”;
Resolutions (filed by Mr. Ross) “congratulating William Henry Livingston on his elevation to the rank of Eagle Scout”;
Resolutions (filed by Mr. Ross) “congratulating Joseph Thomas Sawan on his elevation to the rank of Eagle Scout”; and
Resolutions (filed by Mr. Ross) “congratulating Nicholas Bartlett Shepard on his elevation to the rank of Eagle Scout.”

Report of a Committee of Conference.

Mr. McGee, for the committee of conference on the disagreeing votes of the two branches, with reference to the House amendment to the Senate Bill relative to veterans’ allowances, labor, outreach, and recognition (Senate, No. 1885) (amended by the House by striking out all after the enacting clause and inserting in place thereof the text of House document numbered 3735),-- reports, in part, a “Bill relative to veterans’ allowances, labor, outreach, and recognition” (Senate, No. 2052)
The rules were suspended, on motion of Mr. Rush, and the report was considered forthwith.
After remarks, the question on acceptance of the report was determined by a call of the yeas and nays, at three minutes past two o’clock P.M., on motion of Mr. Tarr, as follows, to wit (yeas 39 – nays 0) [Yeas and Nays No. 278]:

YEAS.

Barrett, Michael J.

Kennedy, Thomas P.

Brewer, Stephen M.

Lovely, Joan B.

Brownsberger, William N.

McGee, Thomas M.

Candaras, Gale D.

Montigny, Mark C.

Chandler, Harriette L.

Moore, Michael O.

Chang-Diaz, Sonia

Moore, Richard T.

Creem, Cynthia Stone

Murray, Therese

DiDomenico, Sal N.

O'Connor Ives, Kathleen

Donnelly, Kenneth J.

Pacheco, Marc R.

Donoghue, Eileen M.

Petruccelli, Anthony

Downing, Benjamin B.

Rodrigues, Michael J.

Eldridge, James B.

Rosenberg, Stanley C.

Finegold, Barry R.

Ross, Richard J.

Flanagan, Jennifer L.

Rush, Michael F.

Forry, Linda Dorcena

Spilka, Karen E.

Hedlund, Robert L.

Tarr, Bruce E.

Humason, Donald F., Jr.

Timilty, James E.

Jehlen, Patricia D.

Welch, James T.

Joyce, Brian A.

Wolf, Daniel A. − 39.

Keenan, John F.

 

NAYS − 0.

The yeas and nays having been completed at six minutes past two o’clock P.M., the report was accepted.
Sent to the House for concurrence in the report of the committee of conference.

Report of a Committee.

By Mr. Brewer, for the committee on Ways and Means, that the Senate Bill to prevent shackling and promote safe pregnancies for female inmates (Senate, No. 2012),-- ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2063).
There being no objection, the rules were suspended, on motion of Ms. Spilka, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2063) was then ordered to a third reading and read a third time.

After remarks, the question passing the bill to be engrossed was determined by a call of the yeas and nays, at eighteen minutes past two o’clock P.M., on motion of Ms. Spilka, as follows, to wit (yeas 39 – nays 0) [Yeas and Nays No. 279]:

YEAS.

Barrett, Michael J.

Kennedy, Thomas P.

Brewer, Stephen M.

Lovely, Joan B.

Brownsberger, William N.

McGee, Thomas M.

Candaras, Gale D.

Montigny, Mark C.

Chandler, Harriette L.

Moore, Michael O.

Chang-Diaz, Sonia

Moore, Richard T.

Creem, Cynthia Stone

Murray, Therese

DiDomenico, Sal N.

O'Connor Ives, Kathleen

Donnelly, Kenneth J.

Pacheco, Marc R.

Donoghue, Eileen M.

Petruccelli, Anthony

Downing, Benjamin B.

Rodrigues, Michael J.

Eldridge, James B.

Rosenberg, Stanley C.

Finegold, Barry R.

Ross, Richard J.

Flanagan, Jennifer L.

Rush, Michael F.

Forry, Linda Dorcena

Spilka, Karen E.

Hedlund, Robert L.

Tarr, Bruce E.

Humason, Donald F., Jr.

Timilty, James E.

Jehlen, Patricia D.

Welch, James T.

Joyce, Brian A.

Wolf, Daniel A. − 39.

Keenan, John F.

 

NAYS − 0.

The yeas and nays having been competed at twenty-one minutes past two o’clock P.M., the bill was passed to be engrossed.
Sent to the Hose for concurrence.

PAPER FROM THE HOUSE
Order Adopted.

The following House Order (approved by the committees on Rules of the two branches, acting concurrently) was considered forthwith, as follows:
Ordered, that notwithstanding the provisions of Joint Rule 10, the committee on Education shall be granted until Tuesday, March 25, 2014, within which to report on current Senate document numbered 235 and House documents numbered 362, 425, 464, 468, 505, 529, 530, 531, and 532.
The rules were suspended, on motion of Ms. Chang-Diaz and the order was considered forthwith; and, after remarks, was adopted, in concurrence.

Engrossed Bills.

The following engrossed bills (the first of which originated in the Senate), 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 President and laid before the Governor for his approbation, to wit:

Relative to private construction contracts (see Senate, No. 873); and
Authorizing the town of Hadley to grant 6 additional licenses for the sale of all alcoholic beverages and 6 additional licenses for the sale of wines and malt beverages to be drunk on the premises (see House, No. 3790, amended).

The House Bill authorizing the town of Burlington to grant additional alcoholic beverages licenses (House, No. 3688, amended),-- came from the House with the endorsement that the House had concurred in the Senate amendments with a further amendment striking out section 3 and inserting in place thereof the following section:
“SECTION 3. The licensing authority of the town of Burlington shall not approve the transfer of a license granted under this act to any other person, partnership, corporation, LLC, organization or any other entity for a period of 3 years from the date of original issuance; provided, however, that after 3 years the licensing authority shall not approve a transfer to a location outside of the location of original issuance. All licenses issued pursuant to this act shall be clearly marked ‘Burlington Mall only’, ‘New England Executive Park only’ or ‘the development presently known as 15-20 South Avenue only’, as the case may be, and shall be clearly marked ‘nontransferable’ on the face of each of the licenses issued pursuant to this act.”;
In section 4, in line 23, by striking out the words “any general or special law to the contrary” (inserted by amendment by the Senate) and inserting in place thereof the following following: “section 12 of chapter 138 of the General Laws”; and by striking out section 5 and inserting in place thereof the following section:
“SECTION 5. If a license granted pursuant to this act is revoked or surrendered it shall be returned physically, with all of the legal rights and privileges pertaining thereto, to the licensing authority of the town of Burlington. The licensing authority may then grant the license to a new applicant only at the location of original issuance and under the same conditions as specified in this act if the applicant files with the licensing authority a letter from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with those entities and that all applicable taxes, fees and contributions have been paid.”.
The rules were suspended, on motion of Mr. Donnelly, and the further House amendment was adopted, in concurrence.

Report of a Committee.

Mr. Rosenberg, 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 Senate Bill relative to compliance of condominium associations (Senate, No. 621).
There being no objection, the rules were suspended, on motion of Mr. Wolf, and the bill was read a second time.
Pending the question on ordering the bill to a third reading, Mr. Tarr moved that the bill be amended by striking lines 4-7, inclusive, and inserting in place thereof the following:-
“In an action brought by an owner or mortgagee holding a recorded first mortgage to enforce this subsection, the owner or mortgagee shall be entitled to monetary damages against the organization of unit owners of not more than $100 per day for each day that the organization of unit owners failed to comply with this subsection. In addition to any such monetary damages imposed, the organization of unit owners may be responsible for all reasonable attorneys’ fees incurred by the owner or mortgagee in bringing the action.”
The amendment was rejected.
The bill was then ordered to a third reading, read a third time and passed to be engrossed.
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 Senate Bill providing for sewer commissioners in the town of Wareham (Senate, No. 1856),-- was read a third time and passed to be engrossed.
Sent to the House for concurrence.

Report of a Committee.

By Mr. Brewer, for the committee on Ways and Means, that the House Bill relative to time share resale and transfer service providers (House, No. 3613),-- ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2054.
There being no objection, the rules were suspended, on motion of Mr. Downing, 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, after remarks, was passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

Orders of the Day.

The Orders of the Day were considered as follows:

Bills
Authorizing the town of Milton to assess an additional amount of real estate and personal property taxes (Senate, No. 1872);
Authorizing the town of Ipswich to grant certain retroactive real estate tax abatements (Senate, No. 1910); and
Authorizing the town of Acton to transfer certain forest land to general municipal purposes (House, No. 3776);
Were severally read a second time and ordered to a third reading.

The House Bill authorizing the town of Winchester to continue employment of police chief Kenneth C. Albertelli (House, No. 3791),-- was read a second time and ordered to a third reading. There being no objection, the rules were suspended, on motion of Ms. Jehlen, and the bill was read a third time and passed to be engrossed, in concurrence.

Reports of a Committee.

By Mr. Brewer, for the committee on Ways and Means, that the Senate Bill authorizing the Division of Capital Asset Management and Maintenance to sell or lease certain property in the town of Tewksbury (Senate, No. 1484, changed) (the committee on Bonding, Capital Expenditures and State Assets having recommended that the bill amended by striking out section 3),-- ought to pass with an amendment substituting a new draft of the same title (Senate, No. 2053).
There being no objection, the rules were suspended, on motion of Mr. Finegold, and the bill was read a second time.
The pending amendment, previously recommended by the committee on Bonding, Capital Expenditures and State Assets was considered; and it was rejected.
The pending amendment, as recommended by the committee on Ways and Means, was then considered; and it was adopted.
The bill (Senate, No. 2053) was then ordered to a third reading and 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 relative to bullying in schools (House, No. 3909),-- ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2055.
There being no objection, the rules were suspended, on motion of Ms. Chang-Díaz, and the bill was read a second time.
Pending the question on adoption of the Ways and Means amendment, Ms. Ms. Donoghue moved that the proposed new text be amended in section 4, by adding the following subsection:-
“(n) The department may investigate certain alleged incidents of bullying. If, upon completion of investigation by the department, a school district, charter school, approved private day or residential school or collaborative school is found to not have properly implemented its prevention plan as outlined in subsection (d), the department may require that school district, charter school, approved private day or residential school or collaborative school to properly implement the plan or take other actions to address the findings of the investigation.”
The amendment was adopted.
The Ways and Means amendment, as amended, was then adopted.
The bill, as amended, was then ordered to a third reading and read a third time
.
After debate, the question passing the bill to be engrossed was determined by a call of the yeas and nays, at seven minutes before three o’clock P.M., on motion of Mr. Montigny, as follows, to wit (yeas 37 – nays 1) [Yeas and Nays No. 280]:

YEAS.

Barrett, Michael J.

Kennedy, Thomas P.

Brewer, Stephen M.

Lovely, Joan B.

Brownsberger, William N.

McGee, Thomas M.

Candaras, Gale D.

Montigny, Mark C.

Chandler, Harriette L.

Moore, Michael O.

Chang-Diaz, Sonia

Moore, Richard T.

Creem, Cynthia Stone

O'Connor Ives, Kathleen

DiDomenico, Sal N.

Pacheco, Marc R.

Donnelly, Kenneth J.

Petruccelli, Anthony

Donoghue, Eileen M.

Rodrigues, Michael J.

Downing, Benjamin B.

Rosenberg, Stanley C.

Eldridge, James B.

Ross, Richard J.

Finegold, Barry R.

Rush, Michael F.

Flanagan, Jennifer L.

Spilka, Karen E.

Forry, Linda Dorcena

Tarr, Bruce E.

Humason, Donald F., Jr.

Timilty, James E.

Jehlen, Patricia D.

Welch, James T.

Joyce, Brian A.

Wolf, Daniel A. − 37.

Keenan, John F.

 

NAYS.

Hedlund, Robert L. − 1.

The yeas and nays having been competed at three minutes before three o’clock P.M., the bill was passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

PAPER FROM THE HOUSE.

A Bill relative to insurance proceeds from property claims in the town of Northborough (House, No. 3509, amended) [Local approval received],-- was read.
There being no objection, the rules were suspended, on motion of Mr Michael O. Moore, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Time of Meeting.

On motion of Mr. Brewer,--

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.

Adjourn In Memory of William F. Armstrong.

The Senator from Middlesex, Mr. Donnelly, moved that when the Senate adjourns today, it do so in memory of William F. Armstrong of Arlington.

William F. Armstrong of Arlington was born on September 7, 1924 in Cambridge and educated at Arlington High School, Bill was a proud World War II Marine, owner of Armstrong Ambulance Service, and a man deeply committed to his family, his employees and his community.

As a young soldier returning from the war, Bill became a man on a mission. In 1946, Bill purchased his first Cadillac ambulance. With a loan from his mother who cashed in an insurance policy to help her son, he formed the Arlington Ambulance Service. During its first six months, the rudimentary business operated from the Armstrong family home.

The business grew along with Bill’s reputation for his compassionate care and trustworthy service. Bill watched his company grow from a one-man operation to a fleet of nearly 100 with close to 300 employees serving more than 100,000 people throughout the Greater Boston and Eastern Massachusetts area.
In all of his acts of kindness and giving, in all his efforts to provide the highest quality of care for his patients and the highest level of customer service to his institutional clients, and in all his generosity and mentoring to his employees, Bill Armstrong cast many pebbles and caused many ripples. Those ripples will go on as long as his example is remembered by those who knew and loved him.

Bill is survived by his loved and loving family - his children and their spouses: Faye Armstrong, Gale and Stephen Brady, Holly Wallace, and Jill Gallagher; and by his 9 grandchildren.

Accordingly, as a mark of respect in memory of William F. Armstrong, at three o’clock PM, on motion of Mr. Donnelly, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.