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


Tuesday, June 18, 2013.

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


Communication from the Executive Office of Public Safety, Department of Fire Services (under the provisions of Section 3b of Chapter 7 of the General Laws) submitting notice of a proposed fee being proposed as part of 801 CMR 402 (527) to defray administrative costs of the newly created Fire Prevention Regulations Appeals Board,-- was placed on file.


Petitions were severally presented and referred, as follows:
By Mr. Tarr, a petition (accompanied by bill, Senate, No.1801) of Bruce E. Tarr and Bradford Hill (by vote of the town) for legislation to provide for the recall of elected officials in the town of Ipswich [Local approval received];
Under Senate Rule 20, to the committee on Election Laws.
By Ms. Murray, a petition (accompanied by bill, Senate, No.1802) of Therese Murray, Timothy R. Madden and David T. Vieira (by vote of the town) for legislation relative to the issuance of bonds or notes by the town of Falmouth [Local approval received];
Under Senate Rule 20, to the committee on Municipalities and Regional Government.

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 ten minutes past three 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.


A Bill supplementing certain existing capital spending authorizations (printed in House, No. 3331, amended,-- being a message from his Excellency the Governor),-- was read.
There being no objection, the rules were suspended, on motion of Mr. Joyce, and the bill was read a second time, ordered to a third reading and read a third time.

After remarks, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at twenty-two minutes past three o'clock P.M. on the motion of Mr. Joyce, as follows, to wit (38 yeas – 0 nays) [Yeas and Nays No. 81]:


Barrett, Michael J.

Kennedy, Thomas P.

Brewer, Stephen M.

Knapik, Michael R.

Brownsberger, William N.

Lovely, Joan B.

Chandler, Harriette L.

McGee, Thomas M.

Chang-Diaz, Sonia

Montigny, Mark C.

Clark, Katherine M.

Moore, Michael O.

Creem, Cynthia Stone

Moore, Richard T.

DiDomenico, Sal N.

Murray, Therese

Donnelly, Kenneth J.

O'Connor Ives, Kathleen

Donoghue, Eileen M.

Pacheco, Marc R.

Downing, Benjamin B.

Petruccelli, Anthony

Eldridge, James B.

Rodrigues, Michael J.

Finegold, Barry R.

Rosenberg, Stanley C.

Flanagan, Jennifer L.

Ross, Richard J.

Forry, Linda Dorcena

Spilka, Karen E.

Hedlund, Robert L.

Tarr, Bruce E.

Jehlen, Patricia D.

Timilty, James

Joyce, Brian A.

Welch, James T.

Keenan, John F.

Wolf, Daniel A. − 38.

NAYS – 0.


Candaras, Gale D.

Rush, Michael F. − 2.


The yeas and nays having been completed at twenty-six minutes past three o’clock P.M., the bill was passed to be engrossed, in concurrence.


The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:-
Resolutions (filed by Ms. Chandler) “congratulating Professional Dental Hygienists on the occasion of their one hundredth anniversary.”

Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Kristen Giunta, an employee of the Department of Correction (see House, No. 3441), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,-- was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted in concurrence, by a vote of 24 to 0.
The bill was signed by the President and sent to the House for enactment.

Orders of the Day.

The Orders of Day were considered as follows:


Bill authorizing the relocation, replacement, reconstruction and maintenance of a piling supported building in the town of Newbury (Senate, No. 402);

Bill authorizing the lease of certian property in the town of Ludlow (Senate, No. 1769);

Amending the town charter regarding certain appointed boards in the town of Westborough (House, No. 1835);

Authorizing the town of West Boylston to assess compensary sewer privilege fees (House, No. 1870);

Relative to contributory health insurance in the town of Mattapoisett (House, No. 2445, changed)

Authorizing the town of Hingham to change the use of certain parcels of land in the town (House, No. 3411); and

Validating the actions taken by assistant tax collector, Rosemarie Driscoll, in the town of Weymouth (House, No. 3446)
Were severally read a second time and ordered to a third reading.

Order Adopted.

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

Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday next at one o’clock P.M., in a full formal session with a calendar.

Moment of Silence.

At the request of the President, members, guests and staff stood in a moment of silence and reflection to the memory of Private First Class Christopher P. Dona, U.S. Army Ranger, from Dudley, Massachusetts.

Adjourn In Memory of PFC Christopher P. Dona of Dudley

The Senator from Worcester and Norfolk, Mr. Richard T. Moore, moved that when the Senate adjourns today it adjourn in memory of Private First Class Christopher P. Dona, U.S. Army Ranger, from Dudley, Massachusetts.

Private First Class Dona, just 21 years old, was killed on June 13th, 2013 as a result of a tragic accident during parachute training exercises in Southeast Georgia.

PFC Dona served honorably in the 1st Battalion of the 75th Ranger Regiment based at Hunter Army Airfield in Savannah, Georgia. He was a combat veteran who returned last month from his first deployment in Afghanistan. During his year and a half of service, PFC Dona received the Parachutist Badge, Expert Infantryman’s Badge, and Army Expert Rifle Marksmanship Qualification Badge, along with five medals and the Army Service Ribbon. The Army will award him the Army Commendation Medal posthumously.

Lieutenant Colonel Robert J. Harman, the battalion commander stated “Chris was an excellent ranger who consistently displayed great courage and strength — a true warrior. He was the kind of Ranger everyone wants by their side in a tough situation. Chris was the epitome of what we expect of Rangers – a quiet professional with unmatched selfless service.”

PFC Dona was frequently on the honor roll at Shepherd Hill Regional High School. He enlisted in the Army in early 2012, and was a highly regarded member of the Shepherd Hill Regional High School class of 2010. In high school, he participated in both cross country and track as well as football, and was described by school officials as “a respectful, pleasant young man who had a genuine concern for others.”

Paul Dona said his son was an all-star football player and never drank or used drugs, stating that his son, “was a good kid and a smart kid.” PFC Dona’s survivors include his parents, Paul and Maryann Dona, his sister, Melissa; and his brother, Brian.

Accordingly, as a mark of respect in memory of PFC Christopher P. Dona, at twenty-eight minutes before four o’clock P.M., on motion of Mr. Richard T. Moore, the Senate adjourned to meet again on Thursday next at one o’clock P.M.