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Journal of the Senate

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Journal of the Senate 2614 JOURNAL OF THE SENATE, Monday, December 1, 2008. Met at four minutes past eleven o’clock A.M. (Mr. Petruccelli in the Chair). Pledge of The Chair (Mr. Petruccelli), members, guests and employees then allegiance. recited the pledge of allegiance to the flag. Resolutions. The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:— Ludlow Resolutions (filed by Ms. Candaras) “congratulating the Ludlow High School. High School Lions on their 2008 Division I Boys Soccer State Boys Soccer Team. Championship.” Matter Taken Out o f the Orders o f the Day. There being no objection, the following matter was taken out of the Orders of the Day and considered as follows: Brookline,— The House Bill authorizing the transportation board of the town valet parking. of Brookline to regulate valet parking in the town of Brookline (House, No. 4492),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concur­ rence. Report o f a Committee. Mr. Downing, for the committee on Ethics and Rules, reported that the following matter be placed in the Orders of the Day for the next session: Pronouncement The Senate Bill relative to the pronouncement of death in a rest of death. home (Senate, No. 1319). There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed. Sent to the House for concurrence. P a p e r f r o m t h e H o u s e . Engrossed Bill Returned with Recommendation o f Amendment. Nantucket,— A message from His Excellency the Governor, returning with rec­ sewer systems. ommendation of amendment the engrossed Bill authorizing the establishment of the Nantucket Sewer Commission and Sewer Dis­ tricts in the town of Nantucket (see House, No. 4213) [for message, see House, No. 5135],— came from the House with the endorsement that the House had adopted the amendment recommended by the Governor, in the form approved by the committee on Bills in the Third Reading as follows:— [127] MONDAY, DECEMBER 1, 2008. 2615 In Section 10, by striking out the first sentence and inserting in place thereof the following sentence:— “Notwithstanding any provi­ sions of law to the contrary, owners of land not within the sewer dis­ tricts defined and established pursuant to section 1 of this act shall not be permitted to connect to the town’s sewer system except as is set forth in this act; provided, however, that the sewer commission shall be required to provide sewer service to any developments securing approval under chapter 40B or chapter 40R of the General Laws that request such service.” The message was read; and, under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate subject to amendment and re-enactment. The rules were suspended, on motion of Mr. Knapik. The Governor’s amendment was then rejected. Mr. O’Leary presented an amendment that the engrossed bill be amended as follows:— “in section 11 by inserting after the word “restrooms”, in line 4, the following words:— “or other public ser­ vice uses as defined by the municipality; provided however, that such uses may include, but shall not be limited to, affordable housing constructed pursuant to chapters 40B and 40R of the Gen­ eral Laws,”. The amendment was adopted. Sent to the House for concurrence in the amendment. Order Adopted. On motion of Mr. Knapik,— Ordered, That when the Senate adjourns today, it adjourn to meet Time of again on Wednesday next at eleven o’clock A.M., and that the Clerk meeting. be directed to dispense with the printing of a calendar. 2616 JOURNAL OF THE SENATE, Adjournment in Memory of Former Senate President Kevin B. Harrington. The Senator from Hampden and Hampshire, Mr. Knapik, requested that when the Senate adjourns today, it adjourn in memory of former Senate President Kevin B. Harrington who died Thursday at Kaplan Family Hospice in Danvers of congestive heart failure. He was 79. Mr. Harrington was a lifelong Salem resident who came from a politically active family. His uncle, Joseph, had been Salem’s mayor, served in the State Legislature, and was a judge. His cousin Michael was a congressman. Mr. Harrington began his career as an educator and coach before turning to politics. A Democrat, he served on the Salem City Council in 1957 and then was elected state senator in 1959. He served as the Senate’s president from 1971 until 1978. When he resigned, he had served in the post longer than all but two of his predecessors. Mr. Harrington leaves behind his wife, Kathleen; two sons, Kevin and Neil; three daughters, Ann M. of Salem, Maureen F. of Kittery Point, Maine, and Joan M. of Salem; a sister Rita L. of Peabody; and 11 grandchildren. Accordingly, as a mark of respect to the memory of Kevin B. Harrington, at ten minutes past eleven o’clock A.M., on motion of Mr. Knapik, the Senate adjourned to meet again on Wednesday next at eleven o’clock A.M. WEDNESDAY, DECEMBER 3, 2008. 2617 Wednesday, December 3, 2008. Met at two minutes past eleven o’clock A.M. (Mr. Petruccelli in the Chair). The Chair (Mr. Petruccelli), members, guests and employees then Pledge of recited the pledge of allegiance to the flag. allegiance. Reports. The following reports were severally read and placed on file: A report of the Senate Committee on Ethics and Rules (pursuant Ethics and Rules,— to Senate Rule 12A) summarizing its activities for 2008; year end report. A report of Project Bread (pursuant to line item 4400-1001 of the Project FY09 state budget, Chapter 182 of the Acts of 2008) submitting its Bread. Hunger Prevention Plan (received Monday, December 1, 2008); and A report of the Norfolk County Registry of Deeds (under the pro­ Norfolk County visions of Section 4 of Chapter 4 of the Acts of 2003 and Section Registry of 2KKK of Chapter 29 of the General Laws) submitting a plan for Deeds. expenditure from the County Registers Technological Fund (copies having been forwarded as required to the Senate Committees on Ways and Means and Post Audit and Oversight) (received Tuesday, December 2, 2008). Report o f a Committee. By Mr. Montigny, for the committee on Bonding, Capital Expen­ Mary L. Girouard ditures and State Assets, on petition, a Bill designating a certain flagpole. flagpole at Lawrence Heritage State Park as the Mary L. Girouard Flagpole (Senate, No. 2889); Read and, under Senate Rule 26, referred to the committee on Ethics and Rules. P a p e r s f r o m t h e H o u s e . Petitions were referred, in concurrence, as follows: Joint petition (accompanied by bill House, No. 5154) of Harriette Clinton,— alcoholic L. Chandler and Robert A. Antonioni (by vote of the town) that the beverages. town of Clinton be authorized to issue additional licenses for the sale of alcoholic beverages to be drunk on the premises; To the committee on Consumer Protection and Professional Licensure. Joint petition (accompanied by bill House, No. 5155) of Paul K. Auburn,— town Frost and Edward M. Augustus, Jr. (by vote of the town) for legisla­ charter. tion to make certain changes in the charter of the town of Auburn; and Joint petition (accompanied by bill, House, No. 5156) of Geof­ Littleton,— pension frey D. Hall and Pamela P. Resor (by vote of the town) that the town bonds. [128] 2618 JOURNAL OF THE SENATE, of Littleton be authorized to issue pension obligation bonds and notes; Severally to the committee on Municipalities and Regional Gov­ ernment. Milford,— Petition (accompanied by bill, House, No. 5157) of John V. Fer­ Anthony F. nandes (by vote of the town) for legislation to authorize Anthony F. Dinis. Dinis to take the civil service test for the position of police officer in the town of Milford, notwithstanding the maximum age require­ ments; To the committee on Public Service. Resolutions. The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:— Nanjing, Resolutions (filed by Ms. Menard) “recognizing the growing China. partnership between the Commonwealth and the city of Nanjing, China.” Matters Taken Out o f the Orders o f the Day. There being no objection, the following matters were taken out of the Orders of the Day and considered as follows: Middlefield,— The Senate Bill relative to recall in the town of Middlefield recall. (Senate, No. 2871),— was read a second time. Mr. Downing presented an amendment in section 2, by inserting after the fourth sentence the following sentence:— “On the date the affidavit is filed, the clerk shall determine and inform the first named voter on the affidavit the number of signatures needed to achieve the 25 per cent of registered voters.”; in said section 2, by striking out the sixth sentence and inserting in place thereof the fol­ lowing 2 sentences: “The recall petition shall be returned and filed with the clerk by 12:00 p.m. on the Saturday that follows a 30-day period from the date the affidavit is filed. The recall petition shall have been signed by at least 25 per cent of the registered voters of the town.”; and, in said section 2, by striking out the eighth sen­ tence. The amendment was adopted. The bill (Senate, No. 2871, amended) was then ordered to a third reading, read a third time and passed to be engrossed.
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