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, September 19, 2013.

Met at one minute past eleven o’clock A.M. (Mr. DiDomenico in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

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

Communication.

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

Communication from the Honorable Bruce E. Tarr, Senate Minority Leader, announcing the removal of former Senator Michael R. Knapik and his appointment of Senator Robert L. Hedlund (pursuant to Chapter 277 of the Acts of 2010) to the Massachusetts Food Policy Council; and

Communication from the Honorable Bruce E. Tarr, Senate Minority Leader, announcing the removal of former Senator Michael R. Knapik the appointment of himself to the Special Commission established (pursuant to Section 60 Chapter 288 of the Acts of 2010) to make an investigation and study of the capital needs of the community hospital section with regard to the use of technology and adequacy of facilities, the ability to meet the health care needs of the general population in the next decade and potential sources of capital to meet those needs.

Petition.

Mr. Petruccelli presented a petition (subject to Joint Rule 12) of Anthony W. Petruccelli and Carlo Basile for legislation relative to simulcasting horse races in the Commonwealth,--and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of a Committee.

By Ms. Jehlen, for the committee on Elder Affairs, on petition, a Bill regarding the SHINE health insurance counseling program (Senate, No. 289);
By the same Senator, for the same committee, on Senate No. 290 and House No. 3479, a Bill relative to protecting the health and safety of elders with hoarding disorder (Senate, No. 290);
By the same Senator, for the same committee, on Senate No. 291 and House Nos. 537 and 538, a Bill to increase the personal needs allowance for residents of long term care facilities (Senate, No. 291); and
By the same Senator, for the same committee, on Senate Nos. 303 and 308, a Bill relative to psychotropic drugs (Senate, No. 303);
Severally referred, under Joint Rule 1E, to the committee on Health Care Financing.

By Ms. Forry, for the committee on Municipalities and Regional Government, on petition, a Bill to increase the membership of the Lowell License Commission from three to five members (Senate, No. 935) [Local approval received];
By the same Senator, for the same committee, on petition, a Bill relative to the granting of an easement at Rea’s Pond Sewer Pump Station in the town of North Andover (Senate, No.1815) [Local approval received];
By the same Senator, for the same committee, on petition, a Bill to authorize the town of Petersham to borrow outside the debt limit for a certain town project (Senate, No. 1844) [Local approval received]; and
By the same Senator, for the same committee, on petition, a Bill to authorize the city of Fall River to use certain park land for combined sewer overflow control (Senate, No. 1851) [Local approval received];
Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

PAPERS FROM THE HOUSE

Petitions were severally referred, in concurrence, as follows, to wit:
Petition (accompanied by bill, House, No. 3655) of David M. Rogers and William N. Brownsberger (by vote of the town) that the town of Belmont be authorized to issue additional licenses for the sale of wine and malt beverages to be drunk on the premises of certain restaurants; and
Petition (accompanied by bill, House, No. 3656) of David M. Rogers and William N. Brownsberger (by vote of the town) that the town of Belmont be authorized to issue additional licenses for the sale of alcoholic beverages and wines and malt beverages not to be drunk on the premises;
To the committee on Consumer Protection and Professional Licensure.

Petition (accompanied by bill, House, No. 3657) of David M. Rogers and William N. Brownsberger (by vote of the town) that the town of Belmont be authorized to establish the position of town administrator in said town;
To the committee on Municipalities and Regional Government.

A Bill authorizing the city of Fitchburg to grant an additional license for the sale of wines and malt beverages not to be drunk on the premises (House, No. 3448),-- on petition) [Local approval received],-- was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Resolutions.

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

Resolutions (filed by Ms. Lovely) “congratulating the South Congregational Church on its three hundredth anniversary”;
Resolutions (filed by Mr. Ross and Ms. Spilka) “congratulating Reverend Monsignor J. Robert Giggi on the sixtieth anniversary of his ordination to the Priesthood”; and
Resolutions (filed by Mr. Timilty) “congratulating Christopher Congdon on his third consecutive open title at the Attleboro Area Golf Association Open.”

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1053

September 19, 2013

Mr. William F. Welch, Clerk
Massachusetts State Senate
State House – Room 335
Boston, MA 02133

Dear Clerk,

I was unable to be present at the formal session on Thursday, September 12, 2013, due to a death in my family.

Had I been in attendance I would have voted in the following ways on the roll call votes for S1861, An Act relative to critical incident intervention by emergency service providers; Senator Montigny’s Amendment to S732, An Act to increase penalties for corporate manslaughter; and the engrossment of S732, An Act to increase penalties for corporate manslaughter:

In the Affirmative on Roll Call No. 184, Engrossment of S1861, An Act relative to critical incident intervention by emergency service providers; In the Affirmative on Roll Call No. 185, Senator Montigny’s amendment to S732; and in the Affirmative on Roll Call No. 186, engrossment of S732, An Act to increase penalties for corporate manslaughter

Thank you for your time and attention to this matter.

Sincerely,
SENATOR KENNETH J. DONNELLY
4th Middlesex

On motion of Mr. Tarr, the above communication was ordered printed in the Journal of the Senate.

PAPER FROM THE HOUSE.

The House Bill validating the results of the annual election held in the town of Millville (printed in House, No. 3493,-- being a message from his Excellency the Governor),-- was read.
There being no objection, the rules were suspended, on motion of Mr. Donnelly, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Reports of Committees.

By Mr. Brewer, for the committee on Ways and Means, that the Senate Bill establishing a sick leave for Marianne McVarish, an employee of the Department of Public Health (Senate, No. 1862),-- ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act establishing a sick leave bank for Marianne McVarish, an employee of the Department of Public Health”.
Sent to the House for concurrence.

By Mr. Brewer, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Amber Wilkin, an employee of the Executive Office of Health and Human Services (House, No. 3606),-- ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Donnelly, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

By Ms. Forry, for the committee on Municipalities and Regional Government, on petition, a Bill pertaining to the issuance of bonds or notes by the town of Falmouth (Senate, No. 1802) [Local approval received].
The bill was read. There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act authorizing the town of Falmouth to borrow money for the repayment of certain indebtedness”.
Sent to the House for concurrence.

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 James E. Timilty and Louis L. Kafka for legislation to establish a sick leave bank for Joshua Rocha, an employee of the Department of Correction.
Senate Rule 36 was suspended, on motion of Mr. Donnelly, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.
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 Acting President (Mr. DiDomenico) and laid before the Governor for his approbation, to wit:

Establishing a sick leave bank for Kathleen Meinhofer, an employee of the Department of Children and Families (see Senate, No. 1285, amended);
Providing for rent regulation and control of evictions in mobile home park accommodations in the town of Easton (see House, No. 1106); and
Providing for rent regulations and the control of evictions in manufactured housing communities in the town of Acushnet (see House, No. 3458).

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 authorizing the town of Adams to grant an additional license for the sale of alcoholic beverages to be drunk on the premises (Senate, No. 1849),-- was read a second time.
Pending the question on ordering the bill to a third reading, Mr. Downing presented an amendment substituting a new draft entitled “An Act authorizing the town of Adams to convert a seasonal license for the sale of all alcoholic beverages to be drunk on the premises to an annual license for the sale of all alcoholic beverages to be drunk on the premises” (Senate, No. 1867).
The amendment was adopted.
The bill (Senate, No. 1867) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE
Engrossed Bills.

The following engrossed bills (both of which originated in the House), 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 Acting President (Mr. DiDomenico) and laid before the Governor for his approbation, to wit:

Validating the actions taken by assistant tax collector, Rosemarie Driscoll, in the town of Weymouth (see House, No. 3446); and
Providing for staggered elections of selectmen and school committee members and establishing annual town elections in the town of Saugus (see House, No. 3511, amended).

Order Adopted.

On motion of Mr. Tarr,--

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.

On motion of the same Senator, at twelve minutes past eleven o’clock A.M., the Senate adjourned to meet again on Monday next at eleven o’clock A.M.