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, May 16, 2013.

Met at two minutes past eleven o’clock A.M. (Ms. Donoghue in the Chair).

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


Mr. Joyce (by request) presented a petition (subject to Joint Rule 12) of Michael Saija for legislation to preserve pharmacy jobs in Massachusetts;
Referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Mr. Brewer, for the committee on Ways and Means, that the House Bill making appropriations for the fiscal year two thousand fourteen for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (House, No. 3401),-- ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 3.

[Estimated Cost:
Direct Appropriation ………………………… $33,330,197,254
Retained Revenue ……………………………. $590,518,798
Total ………………………………………….. $33,920,716,052.]

Under the provisions of an order previously adopted by the Senate, the bill was placed in the Orders of the Day for Wednesday, May 22, 2013, for a second reading, with the amendment pending.

By Mr. Eldridge, for the committee on Housing, on petition, a Bill to provide for the establishment and administration of rent regulations and the control of evictions in mobile home accommodations in the town of West Stockbridge (Senate, No. 1755) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.


Message from His Excellency the Governor recommending legislation relative to validating the date of incorporation of the town of Oxford (House, No. 3465),- referred, in concurrence, to the committee on Municipalities and Regional Government.

Report of the committee on Revenue asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 1389) of Richard T. Moore for legislation relative to automated sale suppression devices,-- and recommending that the same be referred to the committee on the Judiciary,- was considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Notice was received from the House of Representatives announcing the following appointment by the Minority Leader:

That Mr. Michael A. Prisco of North Reading had been appointed (under Section 35QQ of Chapter 10 of the General Laws as inserted by Chapter 14 of the Acts of 2011) as his designee to the Financial Literacy Trust Fund;

That Mr. John A. Lepper of Attleboro had been re-appointed (under Section 69 of Chapter 3 of the General Laws) as his designee on the Commission on the Status of Grandparents Raising Grandchildren; and

That the following changes have been made to his appointments to Joint Standing Committees to reflect the addition of Representative Leah Cole to the House Republican Caucus. Representative Cole will be appointed to the Joint Committee on Elder Affairs and the Joint Committee on Health Care Financing.
Consequently, Representative Ferguson of Holden will no longer serve on the Joint Committee on Elder Affairs and Representative Mirra of West Newbury will no longer serve on the Joint Committee on Health Care Financing.


The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:-

Resolutions (filed by Mr. Brewer) “congratulating Wing Memorial Hospital on the occasion of its one hundredth anniversary”;
Resolutions (filed by Ms. Creem) “congratulating Enid Shapiro on receiving the inaugural Nancy K. Kaufman Award for Excellence in Volunteer Leadership”;
Resolutions (filed by Mr. Hedlund) “congratulating Robert T. Danis on his elevation to the rank of Eagle Scout”;
Resolutions (filed by Ms. Spilka, Mr. Brewer, Ms. Chandler, Ms. Clark, Mr. Donnelly, Ms. Donoghue, Mr. Finegold, Ms. Flanagan, Mr. Hedlund, Ms. Jehlen, Mr. Joyce, Ms. Lovely, Messrs. Montigny, Michael O. Moore, Richard T. Moore, Pacheco, Rodrigues, Ross, Tarr and Welch) “recognizing the New England Chapter of the Huntington's Disease Society of America on their observance of Huntington's Disease Month”;
Resolutions (filed by Mr. Timilty) “congratulating Lillian Frances ‘Libby’ Kafka on her ninetieth birthday”; and
Resolutions (filed by Mr. Wolf) “congratulating Chief Robert M. Crosby on his retirement from the Barnstable Fire Department.”

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 authorizing the town of Framingham to place municipal charge liens on certain properties in the town of Framingham for nonpayment of any local charges, fee or fine (House, No. 3358),-- was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Report of Committees,

By Mr. Rosenberg, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Michael F. Rush, Edward F. Coppinger, Walter F. Timilty, Thomas P. Kennedy and other members of the General Court for legislation to designate a certain bridge in the city of Boston, The Brigadier General William J. Gormley III Bridge.
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 Transportation.
Sent to the House for concurrence.


Petitions were severally referred, in concurrence, as follows, to wit:

Petition (accompanied by bill, House, No. 3466) of Ruth B. Balser for legislation to protect psychotherapy patients;
Under suspension of Joint Rule 12, to the committee on Consumer Protection and Professional Licensure.

Petition (accompanied by bill, House, No. 3467) of William Patenaude for legislation relative to notification of fluoridated water in public water supplies;
Under suspension of Joint Rule 12, to the committee on Environment, Natural Resources and Agriculture.

Petition (accompanied by House, No. 3468) of Patricia H. Haddad and Michael J. Rodrigues for legislation to establish a sick leave bank for Linda Barlow, an employee of the Department of Mental Health;
Under suspension of Joint Rule 12, to the committee on Public Service.

Petition (accompanied by bill, House, No. 3469) of Ronald Mariano and John F. Keenan for legislation relative to authorizing the Massachusetts Water Resource Authority to convey a certain parcel of land in the city of Quincy;
Under suspension of Joint Rule 12, to the committee on State Administration and Regulatory Oversight.

Petition (accompanied by bill, House, No. 3470) of Anne M. Gobi for legislation relative the testing and licensing requirements for operators of school buses;
Under suspension of Joint Rule 12, to the committee on Transportation.

Order Adopted.

On motion of Mr. Richard T. Moore,--

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. Time of meeting.

On motion of Mr. Hedlund, at six minutes past eleven o’clock A.M., the Senate adjourned to meet again on Monday next at eleven o’clock A.M.