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


Wednesday, April 10, 2013.

Met at seven minutes past eleven o’clock A.M. (Mr. Richard T. Moore in the Chair)

Distinguished Guests.

There being no objection, the President handed the gavel to Mr. Rodrigues and Ms. Creem. They introduced, in the rear of the Chamber, members of the Hatikvah Officers Mission. This group is a project of the Combined’s Jewish Philanthropies Boston-Haifa Connection which brings young, active duty IDF Officers from Haifa to Boston to talk about their Israeli identity and experiences in the Israeli military. The group included members from Israeli-Ethiopian and Israeli-Russian communities. The Senate welcomed them with applause and they withdrew from the Chamber.

Report of a Committee.

By Mr. DiDomenico, for the committee on Municipalities and Regional Government, on petition, a Bill to establish the Worcester County Commission on the Status of Women (Senate, No. 927);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.


Of the committee on the Judiciary, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 1511) of Deborah Raptopoulos, Med, MSW, LICSW for legislation to reform foster care services for children with regards to best interest representation,-- and recommending that the same be referred to the committee on Children, Families and Persons with Disabilities;

Of the committee on Revenue, asking to be discharged from further consideration
Of the petition (accompanied by bill, House, No. 2513) of John J. Binienda and Michael O. Moore for legislation to establish a municipal recycling enhancement fund from certain grants and revenue provided from unclaimed beverage container deposits; and
Of the petition (accompanied by bill, House, No. 2741) of Frank I. Smizik and others for legislation to establish an oil heat energy efficiency fund from an additional assessment on home heating oil;
And recommending that the same be severally referred to the committee on Telecommunications, Utilities and Energy;
Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence.

There being no objection, at eight minutes past eleven o’clock A.M., the Chair (Mr. Richard T. Moore) declared a recess subject to the call of the Chair; and, at twenty minutes before twelve o’clock noon, the Senate reassembled, the President in the Chair.

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

Orders of the Day.

The Orders of the Day were considered as follows:

The Senate order setting forth certain procedures to be followed with reference to the House Bill relative to transportation finance (House, No. 3415) with the pending Ways and Means new text (Senate, No. 1766),-- was considered, the main question being on adoption.

Pending the question on adoption of the order, Mr. Brewer moves that the order be amended by striking out the first and second paragraphs and inserting in place there of the following paragraph:--

Ordered, That notwithstanding Senate Rule 7 or any other rule to the contrary, all amendments to the pending Ways and Means Ways and Means new text (Senate, No. 1766) to the House Bill relative to transportation finance (House, No. 3415) shall be filed electronically in the office of the Clerk of the Senate by 5:00 P.M. on Friday, April 12, 2013 or twenty-four hours after adoption of this order, whichever time is longer, and all amendment titles shall be printed in the Calendar. All such amendments shall be second-reading amendments to the proposed Ways and Means new text (Senate, No. 1766) but further amendments in the third degree to such amendments shall be in order. The Clerk shall further specify the procedure and format for filing all amendments, consistent with this order.
The amendment was adopted.
The order, as amended was then adopted.


Engrossed Bill—Land Taking for Conservation Etc.

An engrossed Bill authorizing the city of Springfield to convey certain park land and to grant a license agreement over certain park land to Unifirst Corporation (see House, No. 58) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,-- was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at one minute past twelve o’clock noon, as follows, to wit (yeas 35 - nays 0) [Yeas and Nays No. 18]:


Barrett, Michael J.

Kennedy, Thomas P.

Brewer, Stephen M.

Knapik, Michael R.

Brownsberger, William N.

Lovely, Joan B.

Candaras, Gale D.

McGee, Thomas M.

Chandler, Harriette L.

Montigny, Mark C.

Chang-Diaz, Sonia

Moore, Michael O.

Clark, Katherine M.

Moore, Richard T.

Creem, Cynthia Stone

O’Connor Ives, Kathleen

DiDomenico, Sal N.

Petruccelli, Anthony

Donnelly, Kenneth J.

Rodrigues, Michael J. 

Donoghue, Eileen M.

Ross, Richard J.

Downing, Benjamin B.

Rush, Michael F.

Eldridge, James B.

Spilka, Karen E.

Flanagan, Jennifer L.

Tarr, Bruce E.

Hedlund, Robert L.

Timilty, James E

Jehlen, Patricia D.

Welch, James T.

Joyce, Brian A.

Wolf, Daniel A. — 35.

Keenan, John F.


NAYS — 0.


Finegold, Barry R.

Pacheco, Marc R. — 3.

Rosenberg, Stanley C.


The yeas and nays having been completed at seven minutes past twelve o’clock noon, the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the President and laid before the Governor for his approbation.

Report of a Committee.

By Mr. Brewer, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Deane Smith, an employee of the Department of Correction (House, No. 2292),-- ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Brewer, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence

Order Adopted.

On motion of Ms. Flanagan,--

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at eleven o’clock A.M., in a full formal session with a calendar.

On motion of Mr. Brewer, at ten minutes past twelve o’clock noon, the Senate adjourned to meet again tomorrow at eleven o’clock A.M.