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.

Monday, September 29, 2008.

Met according to adjournment at eleven o’clock A.M. (Mr. Timilty 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. Timilty), members, guests and employees then recited the pledge of allegiance to the flag.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 5103) of Thomas G. Ambrosino (mayor) (with the approval of the mayor and city council) that certain elective officials and employees convicted of criminal offenses be prohibited from serving in public office or employment in the city of Revere;
Joint petition (accompanied by bill, House, No. 5104) of Harriett L. Stanley and Bruce E. Tarr (by vote of the town) for legislation to increase the membership of the board of selectmen of the town of Newbury;
Joint petition (accompanied by bill, House, No. 5105) of Harriett L. Stanley and Bruce E. Tarr (by vote of the town) that the town of Newbury be authorized to establish a selectmen-administrator form of government; and
Petition (accompanied by bill, House, No. 5106) of James E. Vallee and others (with the approval of the town council) that the town of Franklin be authorized to appropriate funds for the removal of overhead utilities and providing for the underground placement of such utilities;
Severally to the committee on Municipalities and Regional Government.

A Bill relative to land preservation in the town of Shrewsbury (House, No. 5032,— on petition),— was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Augustus) “recognizing Eleanor Jane Petrella for receiving the 2008 Harvey Ball Smile Award presented by the Worcester Historical Museum”;
Resolutions (filed by Mr. Baddour) “congratulating Antoinette Esposito on the occasion of her one hundredth birthday”;
Resolutions (filed by Mr. O’Leary) “congratulating Captain Glenn B. Coffin on his retirement”; and
Resolutions (filed by Mr. Pacheco) “congratulating George C. Andrews on the occasion of his retirement as Chief of the Raynham Fire Department.”

PAPER FROM THE HOUSE.
Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Gloria Phillips, an employee of the Department of Public Health (see Senate, No. 2787, changed), 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 adapted in concurrence, by a vote of 2 to 0.
The bill was signed by the Acting President (Mr. Timilty) and sent to the House for enactment.

Report of 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:
The House Bill relative to the annual report of public charities (House, No. 274).
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act relative to the annual reports of public charities”.

PAPERS FROM THE HOUSE.
Engrossed Bills.

The following engrossed bills (the first two 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. Timilty) and laid before the Governor for his approbation, to wit:
Providing for the annual observance of Massachusetts Non-Profit Awareness Day (see Senate, No. 2679);
Designating the Fitchburg District Courthouse as the Gelinas Courthouse (see Senate, No. 2846);
Relative to the supervision of limited purpose trust companies by the Commissioner of Banks (see House, No. 965);
Further regulating certain retirement benefits (see House, No. 2594);
Authorizing the establishment of the Nantucket Sewer Commission and Sewer Districts in the town of Nantucket (see House, No. 4213);
Relative to certain affordable housing in the city of Boston (see House, No. 4710);
Authorizing the town of Belmont to place a certain question relative to the granting of a club license for the sale of all alcoholic beverages in the town of Belmont (see House, No. 4757);
Relative to affordable housing in the town of Chelmsford (see House, No. 4758, amended);
Authorizing the town of Wayland to establish a department of public works (see House, No. 4759);
Establishing the Massachusetts Creative Economy Council (see House, No. 4965, amended);
Relative to the department of finance in the town of Upton (see House, No. 4976); and
Authorizing the town of Maynard to borrow money for certain remediation work (see House, No. 5065).

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, two-thirds of the members present having voted in the affirmative, and were signed by the Acting President (Mr. Timilty) and laid before the Governor for his approbation, to wit:
Validating the action taken at the annual town election held in the town of Lanesborough (see House Bill, printed in House, No. 4250); and
Validating a certain election in the town of Medway (see House Bill, printed in House, No. 4545).

A Bill providing the terms of certain bonds and notes to be issued by the Commonwealth to finance broadband access, bridge repairs, higher education, transportation, energy and environmental needs and certain other general governmental needs of the Commonwealth (House, No. 5095, amended,— being a message from His Excellency the Governor),— was read.
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Order Adopted.

On motion of Mr. Tisei,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday 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 fourteen minutes before twelve o’clock noon, the Senate adjourned to meet on the following Thursday at eleven o’clock A.M.