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, December 11, 2008.

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

Reports.

The following reports were severally read and placed on file:
A report of the Executive Office of Transportation (pursuant to Section 19 of Chapter 233 of the Acts of 2008) submitting its Bridge Preservation and Repair Plan for calendar years 2009 through 2011 (received Wednesday, December 3, 2008);
A report of the Office of the Commissioner of Banks (under the provisions of Section 17 of Chapter 206 of the Acts of 2007 (Chapter 206) submitting its Division of Banks’ Investigation and Study Relative to a Residential Mortgage Lending Course Examination Process (received Monday, December 1, 2008);
A report of the Health Care Quality and Cost Council (under the provisions of Section 16K(e) of Chapter 6A, as amended by Chapter 305 of the Acts of 2008) submitting its initial “reporting plan specifying the quality and cost measures to be included on “the Council’s” consumer health information website and the security measures used to maintain confidentiality and preserve the integrity of the data.” (received Thursday, December 4, 2008); and
A report of the Division of Unemployment Assistance (under the provisions of Section 14F of Chapter 151A of the General Laws) relative to the condition of the Unemployment Insurance Trust Fund for the month of November 2008 (received Thursday, December 4, 2008).

The following reports were severally read and sent to the House for its information:
A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of the Essex County Correctional Alternative (received Wednesday, December 3, 2008);
A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of MCI Norfolk (received Wednesday, December 3, 2008); and

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of the South Middlesex Correctional Center (received Wednesday, December 3, 2008).

Report of a Committee.

By Mr. Baddour, for the committee on Transportation, on petition, a Bill further regulating funeral processions (Senate, No. 2022);
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. Pacheco) “congratulating Edward ‘Ted’ O’Brien on his retirement”;
Resolutions (filed by Mr. Pacheco) “congratulating Paul E. Sullivan on his retirement as Bridgewater Town Administrator”;
Resolutions (filed by Mr. Panagiotakos) “congratulating Dr. David H. Wegman for his dedication and service to the School of Health and Environment at the University of Massachusetts, Lowell”; and
Resolutions (filed by Mr. Timilty, Ms. Spilka, Messrs. Augustus, Brewer, Brown and Buoniconti, Ms. Chandler, Ms. Creem, Ms. Fargo, Mr. Hedlund, Ms. Jehlen, Messrs. Joyce, McGee, Moore, Morrissey, O’Leary and Pacheco, Ms. Resor, Messrs. Rosenberg, Tarr and Tisei and Ms. Walsh) “recognizing the life and service of Michael Vinay Bhatia.”

PAPERS FROM THE HOUSE.
Emergency Preambles Adopted.

An engrossed Bill establishing a sick leave bank for Brenda De Los Santos, an employee of the Department of Transitional Assistance (see Senate, No. 2882), 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 3 to 0.
The bill was signed by the Acting President (Mr. Tolman) and sent to the House for enactment.

An engrossed Bill establishing a sick leave bank for Maryan Labaire, an employee of the Department of Children and Families (see House, No. 5118, 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 adopted in concurrence, by a vote of 3 to 0.
The bill was signed by the Acting President (Mr. Tolman) and sent to the House for enactment.

An engrossed Bill establishing a sick leave bank for Tracy Kelly, an employee of the Trial Court (see House, No. 5119), 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 3 to 0.
The bill was signed by the Acting President (Mr. Tolman) and sent to the House for enactment.

An engrossed Bill establishing a sick leave bank for Alan Antonucci, an employee of the Middlesex sheriff’s office (see House, No. 5144), 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 3 to 0.
The bill was signed by the Acting President (Mr. Tolman) and sent to the House for enactment.

An engrossed Bill establishing a sick leave bank for Judy M. Romano, an employee of the Department of Public Health (see House, No. 5145), 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 3 to 0.
The bill was signed by the Acting President (Mr. Tolman) and sent to the House for enactment.

Matters Taken Out of the Order of the Day.

There being no objection, the following matters were taken out of the Orders of the Day and considered as follows:
The House Bill relative to certain licenses for the sale of all alcoholic beverages to be drunk on the premises in the town of Hingham (House, No. 4501),— was read a third time.
Pending the question on passing the bill to be engrossed, Mr. Hedlund moved that the bill be amended in section 1, by striking out the words “South Shore Catering Group of the South Shore Country Club” and inserting in place thereof the following words:— “Country Club Management Committee of the town of Hingham, d/b/a the South Shore Country Club, which is located”; and by striking out section 2.
This 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 relative to property tax exemptions for rental properties in the town of Truro restricted as affordable housing (House, No. 4381),— 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 authorizing property tax exemptions for rental properties in the town of Truro restricted as affordable housing”.

The House Bill exempting Dwayne P. Burgo from maximum age requirement for applying for civil service appointment as a police officer in the city of Taunton (House, No. 5086),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Reports 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 designating a certain bridge in the city of Medford as the Sergeant Anthony P. Annino Bridge (House, No. 4962).
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.

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 operation of credit unions (House, No. 1068).
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, read a third time and passed to be engrossed, in 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, two-thirds of the members present having voted in the affirmative, and were signed by the Acting President (Mr. Tolman) and laid before the Governor for his approbation, to wit:
Validating the actions taken at an annual town election held in the town of Dudley (see House Bill printed in House, No. 3971); and
Validating the action taken at the special town election held in the town of Oak Bluffs (see House Bill printed in House, No. 4932).

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 re-enacted and were signed by the Acting President (Mr. Tolman) and again laid before the Governor for his approbation, to wit;
Authorizing the town of Orleans to operate a sewer system (see Senate, No. 2452, amended); and
Authorizing the town of Orange to establish a firearms licensing fund (see House, No. 4278, amended).

Engrossed Resolve.

An engrossed Resolve reviving and continuing the special commission relative to middle education in the Commonwealth (see House, No. 4800) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed and was signed by the Acting President (Mr. Tolman) and laid before the Governor for his approbation.

Engrossed Bills.

The following engrossed bills (the first seven 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. Tolman) and laid before the Governor for his approbation, to wit:
Relative to the Barnstable County Probate Court (see Senate, No. 989, amended);
Designating a certain portion of land in the town of Barre as Trifilo Square (see Senate, No. 2039);
Relative to Gold Star registration plates (see Senate, No. 2352, amended);
Designating certain bridges in the town of Millville as the John Dean Bridges (see Senate, No, 2565);
Exempting certain positions in the city of Northampton from the civil service law (see Senate, No. 2688);
Designating certain land in the town of Monson from agricultural, conservation and public recreation purposes (see Senate, No. 2695, amended);
Designating a portion of state highway route 140 in the town of Upton as the Donald R. “Doug” Keniston roadway (see Senate, No. 2861);
Relative to establishment of a capital improvement trust fund in the town of Stoneham (see House, No. 4073);
Relative to the Community Development Authority in the city of Marlborough (see House, No. 4132);
Relative to the powers of the town manager in the town of North Andover (see House, No. 4138, amended);
Authorizing the late filing of tax abatement applications for the owners of 3 Fuller Place in Cambridge (see House, No. 4226);
Relative to the licensing of school bus drivers (see House, No. 4396, amended);
Authorizing the transportation, board of the town of Brookline to regulate valet parking in the town of Brookline (see House, No. 4492);
Protecting certain military personnel from deceptive practices (see House, No. 4508, amended);
Authorizing the Commissioner of Capital Asset Management and Maintenance to convey certain land in the city of North Adams (see House, No. 4585);
Relative to the charter of the town of Ashland (see House, No. 4790);
Designating architect emeritus status (see House, No. 4803, amended);
Authorizing the town of Natick to grant 8 additional licenses for the sale of alcoholic beverages to be drunk on the premixes (see House, No. 4831);
Authorizing certain appropriations from the town of Bridgewater’s capital projects fund (see House, No. 4848);
Designating a certain bridge in the city of Worcester as the State Trooper Paul F. Barry Memorial Bridge (see House, No. 4869);
Authorizing the town of Danvers to grant an additional license for the sale of wines and malt beverages to be drunk on the premises (see House, No. 4875);
Relative to the charter of the town of Westborough (see House, No. 4878).
Authorizing the town of Northborough to grant 2 additional licenses for the sale of alcoholic beverages (see House, No. 4937);
Establishing the office of town manager in the town of Upton (see House, No. 4975);
Establishing a department of public works in the town of Merrimac (see House, No. 5114); and
Relative to the voting practices’ of the Franklin Regional Council of Governments (see House, No. 5134).

Order Adopted.

On motion of Ms. Walsh,—

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at eleven o’clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

On motion of Mr. Tissi, at nineteen minutes past eleven o’clock A.M., the Senate adjourned to meet on the following day at eleven o’clock A.M.