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, November 7, 2013.

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 Mr. Barrett for the purpose of an introduction. Mr. Barrett then introduced, in the rear of the Chamber, Carissa Yip, a 5th grader at McCarthy Middle School in Chelmsford. Carissa is being recognized as the youngest female chess player to reach the level of expert since the U.S. Chess Federation began electronic record keeping in 1991. She is now among the top 7 percent of the more than 51,000 registered players. Carissa will be competing in the World Youth Championships in the United Arab Emirates in December. The Senate applauded her accomplishments and she withdrew from the Chamber. She was accompanied by her parents Percy and Irene.

There being no objection, the President handed the gavel to Mr. Donnelly for the purpose of an introduction. Mr. Donnelly then introduced, in the rear of the Chamber, Debra Sirotkin-Butler, Samuel Butler, Paulette Schwartz and Yadhave Jayaraman, members of the Pancreatic Cancer Action Network. Pancreatic cancer is the fourth leading cause of cancer death in the U.S. and was the cause of approximately 910 deaths in Massachusetts alone. Among those who succumbed to this disease in 2012 was Marc Butler, who was the devoted husband to Debra and loving father to Samuel and Sarah. The group was presented with a Proclamation from His Excellency Governor Deval Patrick proclaiming November 2013 to be Pancreatic Cancer Awareness Month in the Commonwealth and urges all the citizens of the Commonwealth to take cognizance of this event and participate fittingly in its observance.

Communications.

The following communications were severally received and placed on file:

Communication from the Honorable Therese Murray, President of the Senate, announcing the appointment of Senator Sal N. DiDomenico to the Special Commission established (pursuant to Section 166 of Chapter 38 of the Acts of 2013) to make an investigation and study relative to the cost of administering early education and care services in the Commonwealth;

Communication from the Honorable Therese Murray, President of the Senate, announcing the appointments of Senator Eileen M. Donoghue and Mr. Ralph Cox to the Special Commission established (pursuant to Chapter 1 of the Resolves of 2013) to make an investigation and study relative to the feasibility of hosting the Summer Olympics in the Commonwealth; and

Communication from the Honorable Bruce E. Tarr, Senate Minority Leader, announcing his appointment of Jonah A. Beckley of Somerville to the Special Commission established (pursuant to Chapter 1 of the Resolves of 2013) to make an investigation and study relative to the feasibility of hosting the Summer Olympics in the Commonwealth; and

Communication from the Belmont Mass. Contributory Retirement System on proposed legislation to eliminate the investment by retirement systems in corporations engaged in the sale and exploration of fossil fuel (Senate, No. 1225) (a copy of which will be delivered to the committee on Public Service).

Reports of Committees.

By Mr. Pacheco, for the committee on Environment, Natural Resources and Agriculture, on petition, a Bill relative to food trusts (Senate, No. 380);
By the same Senator, for the same committee, on petition, a Bill relative to recycling (Senate, No. 389);
By Mr. Welch, for the committee on Health Care Financing, on petition, a Bill to provide personal care attendant orientation (Senate, No. 527) [Estimated cost-more than $100,000]; and
By Ms. Clark, for the committee on the Judiciary, on petition, a Bill to establish a sick leave bank for Cynthia (Bouchard) White, an employee of the Trial Court (Senate, No. 1915);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Welch, for the committee on Health Care Financing, that the Senate Bill relative to the use of buprenorphine in opioid dependence treatment (Senate, No. 907),--ought to pass [Estimated cost-less than $100,000];
Under Senate Rule 26, referred to the committee on Ethics and Rules.

PAPERS FROM THE HOUSE.

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

Petition (accompanied by bill, House, No. 3739) of Jerald A. Parisella and Joan B. Lovely (with the approval of the mayor and city council) that the city of Beverly be authorized to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises; and
Petition (accompanied by bill, House, No. 3742) of Jason M. Lewis (by vote of the town) that the town of Stoneham be authorized to grant five additional licenses for the sale of all alcoholic beverages to be drunk on the premises;
Severally to the committee on Consumer Protection and Professional Licensure.

Petition (accompanied by bill, House, No. 3740) of John V. Fernandes and Richard T. Moore (by vote of the town) that the board of selectmen of the town of Milford be authorized to appoint a town treasurer;
Petition (accompanied by bill, House, No. 3743) of Jason M. Lewis (by vote of the town) that the town of Stoneham be authorized to create a special fund for railroad right of way proceeds; and
Petition (accompanied by bill, House, No. 3744) of Jason M. Lewis (by vote of the town) that the town of Stoneham be authorized to establish a special fund for the collection and disposal of trash;
Severally to the committee on Municipalities and Regional Government.

A Bill relative to the licensing and supervision of debt management services (House, No. 3569, amended,-- on House, No. 875),-- was read, and under Senate Rule 27, referred to the committee on Ways and Means.

A Bill relative to shellfish reporting (House, No. 776, amended,-- on petition),-- was read, and under Senate Rule 26, referred to the committee on Ethics and Rules.

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 seventeen 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 Senate Bill relative to veterans’ allowances, labor, outreach, and recognition (Senate, No. 1885),— came from the House passed to be engrossed, in concurrence, with an amendment striking out all after the enacting clause and inserting in place thereof the text of House document numbered 3735.
On motion of Mr. Rush, the Senate NON-concurred in the House amendments and asked for a committee of conference on the disagreeing votes of the two branches.
Senators Rush, Brewer and Tarr were appointed to the committee on the part of the Senate.
The bill was returned to the House endorsed accordingly.

The House Bill relative to pharmacy practice in the Commonwealth (House, No. 3672, amended),— came from the House with the endorsement that the House had NON-concurred in the further Senate amendment (striking out all after the enacting clause and inserting in place thereof the text contained in Senate, No. 1907) and had asked for a committee of conference on the disagreeing votes of the two branches; and that Representatives Sanchez of Jamaica Plain, Dempsey of Haverhill and Viera of East Falmouth had been appointed the committee on the part of the House.
On motion of Mr. Keenan, the Senate insisted on its amendment and concurred in the appointment of a committee of conference; and Senators Keenan, Brewer and Tarr were appointed on the part of the Senate.
The bill was returned to the House endorsed accordingly.

Order Adopted.

Mr. Rosenberg offered the following order, to wit:

Whereas, The general court has authorized the governor of the Commonwealth to enter into compact negotiations with a federally recognized Indian tribe in the Commonwealth under section 91 of chapter 194 of the acts of 2011; and
Whereas, The Tribe and the Commonwealth have mutually agreed, under the Indian Gaming Regulatory Act, to the Mashpee Wampanoag Tribe-Commonwealth of Massachusetts Tribal-State Compact; and
Whereas, A Tribal-State compact negotiated and agreed to by the governor and the Tribe shall be submitted for approval from the general court under subsection (d) of said section 91 of said chapter 194; therefore be it
Ordered, That the Resolve relating to the Tribal-State Compact, as appearing in House document numbered 3375, between the Mashpee Wampanoag Tribe and the Commonwealth of Massachusetts (House, No. 3376), shall not be subject to amendment by the Senate.
Under the rules, referred to the committee on Ethics and Rules.
Subsequently, Mr. Rosenberg, for the said committee, reported, recommending that the order ought to be adopted.
The rules were suspended, on motion of Mr. Rosenberg, and the order was considered forthwith and adopted.

Report of a Committee.
By Mr. Brewer, for the committee on Ways and Means, the House Resolve relating to the Tribal-State Compact between the Mashpee Wampanoag Tribe and the Commonwealth of Massachusetts (printed in House, No. 3376),-- ought to pass.
There being no objection, the rules were suspended, on motion of Ms. Candaras, and the resolve was read a second time, ordered to a third reading, read a third time and, after remarks, was passed to be engrossed, in concurrence.
PAPERS FROM THE HOUSE
Engrossed Bill—State Loan.
An engrossed Bill financing the production and preservation of housing for low and moderate income residents (see House, No. 3492, amended) (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 borrowing of money, in accordance with the provisions of Section 3 of Article LXII 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 three minutes past two o’clock P.M., as follows to wit (yeas 39 - nays 0) [Yeas and Nays No. 205]:
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.
Clark, Katherine M. Murray, Therese
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.
Hedlund, Robert L. 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 five minutes past two o’clock P.M., 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.
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 retirement benefits for Matthew Swaine (see Senate, No. 1838);
Authorizing the town of Avon to establish a Department of Public Works (see House, No. 3576); and
Relative to the Inspector of Plumbing and Gas Fitting in the town of South Hadley (see House, No. 3578).

Petitions were severally referred, in concurrence, as follows, to wit:
Petition (accompanied by bill, House, No. 3745) of Paul R. Heroux, Leah Cole and Paul McMurtry relative to farmers’ markets;
Under suspension of Joint Rule 12, to the committee on Environment, Natural Resources and Agriculture.
Petition (accompanied by bill, House, No. 3746) of Michael D. Brady and others for legislation to require that assault and battery of a police officer responding to criminal activity to be prosecuted as a felony;
Petition (accompanied by bill, House, No. 3747) of Nick Collins relative to the appointment of deputy assistant clerks of the courts;
Petition (accompanied by bill, House, No. 3748) of Paul R. Heroux and others relative to increasing the fine for harming police dogs or horses; and
Petition (accompanied by bill, House, No. 3749) of Paul R. Heroux and others relative to filing fees for appeals of civil motor vehicle infractions;
Severally under suspension of Joint Rule 12, to the committee on the Judiciary.
Petition (accompanied by bill, House, No. 3750) of Martin J. Walsh for legislation to establish a sick leave bank for Chrystal Bonner, an employee of the Executive Office of Health and Human Services; and
Petition (accompanied by bill, House, No. 3751) of Martin J. Walsh for legislation to establish a sick leave bank for India Haith, an employee of the Executive Office of Health and Human Services;
Severally under suspension of Joint Rule 12, to the committee on Public Service.
Petition (accompanied by bill, House, No. 3752) of Paul R. Heroux and others relative to the procurement of products or services by state agencies or authorities; and
Petition (accompanied by bill, House, No. 3753) of Bob Tallent for legislation to designate Bell's Seasoning as the official seasoning of the Commonwealth;
Severally under suspension of Joint Rule 12, to the committee on State Administration and Regulatory Oversight.
Petition (accompanied by bill, House, No. 3754) of Josh S. Cutler for an investigation by a special commission (including members of the General Court) relative to vegetation removal by public utility companies;
Under suspension of Joint Rule 12, to the committee on Telecommunications, Utilities and Energy.
Petition (accompanied by bill, House, No. 3755) of Josh S. Cutler and others relative to learner's permits and junior operator's licensing;
Under suspension of Joint Rule 12, to the committee on Transportation.
Petition.
On motion of Mr. Brewer, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Brewer (accompanied by bill) Stephen M. Brewer and Denise Andrews for legislation to authorize the Massachusetts Highway Department to grant certain easements in the town of Petersham,— and the same was referred to the committee on Transportation.
Sent to the House for concurrence.
Matters Taken Out of the Notice Section of the Calendar.
There being no objection, the following matters were taken out of the Notice Section of the Calendar and considered, as follows:
The House Bill increasing the membership of the board of selectmen in the town of Southborough (House, No. 3551),-- was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The Senate Bill authorizing the lease of certain property in the town of Ludlow (Senate, No. 1769) (its title having been changed by the committee on Bills in the Third Reading),-- was read a third time and passed to be engrossed.
Sent to the House for concurrence.

The House Bill providing for recall elections in the town of Wales (House, No. 641),-- was read a third time.
Pending the question on passing it to be engrossed, Mr. Brewer moved that the bill be amended in section 2, by inserting after the word “voters”, in line 3, the following words:- “of the town of Wales”; in section 3, by inserting after the word “certificate”, in line 24, the following words:- “, either by hand or by certified mail, return receipt requested”; and in section 5, by inserting after the word “election”, in line 41, the following words:- “either by hand or by certified mail, return receipt requested”.
The amendment was adopted.
The bill, as amended, was then passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

The House Bill authorizing the city of Revere to issue bonds or notes for the payment of a certain litigation settlement (House, No. 3687) (its title having been changed by the committee on Bills in the Third Reading),-- was read a third time and passed to be engrossed, in concurrence.
Orders of the Day.
The Orders of the Day were considered, as follows:
The Senate Bill relative to the town clerk in the town of Upton (Senate, No. 1855),-- was read a second time and ordered to a third reading. The rules were suspended, on motion of Mr. Michael O. Moore, and the bill was read a third time and passed to be engrossed.
Sent to the House for concurrence.

Bills
Providing for sewer commissioners in the town of Wareham (Senate, No. 1856); and
Authorizing the conveyance of a certain interest of land relative to Northampton and Williamsburg (House, No. 3619);
Were severally read a second time and ordered to a third reading.

 

Order Adopted.
On motion of Mr. Brewer,--
Ordered, That when the Senate adjourns today, it adjourn to meet again on Tuesday 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 Judge Edward John Shea

The Senator from Hampden, Franklin and Worcester, Mr. Rosenberg, moved that when the Senate adjourns today, it do so in memory of Judge Edward John Shea of Greenfield.
Judge Shea was born in North Adams in 1922, grew up in Turners Falls, and raised his family in Greenfield. He was a graduate of Tufts University and Boston College School of Law. He served for many years as the Presiding Justice of the Eastern Franklin District Court in Orange until his retirement in 1992.
Prior to his career in law, he was a sports correspondent for the Boston Globe, Boston Herald and Boston Post. When he wasn't writing about sports, he was officiating at them and was inducted into the Western Massachusetts Football Hall of Fame and the U.S. Lacrosse Hall of Fame. He was also very involved locally serving as a Town Meeting Member, Chair of two Town Charter Commissions, Chair of a Town Government Study Commission, Vice President and Director of the Chamber of Commerce, other various town committees, and many other organizations. In 1974, his community involvement resulted in the honor of receiving the Franklin County Man of the Year award.
Judge Edward John Shea is survived by his six children: Barbara, Karen, Geraldine, Edward and his wife Cheryl Kreidermacher, Kathleen and her husband Harry Kettel, and Maureen and her husband Allen Foster. He leaves his sister Marjorie, four grandchildren, as well as many nieces and nephews. His wife of 62 years, Kathleen, pre-deceased him by eight months. Judge Edward John Shea passed away peacefully in Cocoa Beach, Florida on September 5, 2013. He was 91 years old.
Accordingly, as a mark of respect to the memory of Judge Edward John Shea, at a half past two o'clock P.M., on motion of Mr. Brewer, the Senate adjourned to meet again on Tuesday next at eleven o'clock A.M.