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.

Friday, December 12, 2008.

Met at two minutes past eleven o’clock A.M. (Mr. Petruccelli 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. Petruccelli), members, guests and employees then recited the pledge of allegiance to the flag.

Petition.

Ms. Menard presented a petition (subject to Joint Rule 12) of Joan M. Menard and Patricia A. Haddad for legislation to establish a sick leave bank for Sheila Ferreira, an employee of the Trial Court,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

PAPERS FROM THE HOUSE.

Bills
Relative to the conversion by a Massachusetts chartered credit union to a federal charter (House, No. 1106,— on petition);
Establishing a sick leave bank for Michael German, an employee of the Department of Developmental Services (House, No. 5151, changed,— on petition); and
Establishing a sick leave bank for Sharon Peeler-LaFountain, an employee of the Department of Correction (House, No. 5158, changed,— on petition);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills
Relative to the retirement of certain employees of the Massachusetts Water Resources Authority (House, No. 2682, changed,— on petition); and
Designating the Department of Youth Services facility in the town of Westboro as the Zaro Cisco Brough Princess White Flower facility (House, No. 3231,— on petition);
Were severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Bills
Authorizing the town of Norwood to grant an additional license for the sale of all-alcoholic beverages to be drunk on the premises (House, No. 4982,— on petition) [Local approval received];
Authorizing the city of Lowell to pay funeral and burial expenses of employees killed in performance of duty (House, No. 5126,— on petition) [Local approval received]; and
Authorizing the city of Lowell to lease certain city-owned land (House, No. 5127,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Notice was received from the House that the House Minority Leader had made the following appointments to special commissions:
That Representative Hill of Ipswich had been appointed to the special commission established (under Section 89 of Chapter 169 of the Acts of 2008) to make an investigation and study the siting of energy facilities in the Commonwealth;
That he had appointed himself and Representative deMacedo of Plymouth to the special commission established (under Section 100 of Chapter 173 of the Acts of 2008) to review the corporate tax laws of the Commonwealth;
That Representative Poirier of North Attleborough had been appointed to the special commission established (under Section 106 of Chapter 182 of the Acts of 2008) to make an investigation and study of civic engagement and learning;
That Representative Smola of Palmer had been appointed to the special commission established (under Section 111 of Chapter 182 of the Acts of 2008) to make an investigation and study of contributory retirement systems within the Commonwealth;
That Representative Perry of Sandwich had been appointed to the special commission established (under Section 56 of Chapter 302 of the Acts of 2008) to make an investigation and study of the impact of the OxyContin and heroin epidemic on state and municipal government, the substance abuse treatment system and to identify potential strategies to more effectively cope with said epidemic; and
That Patrick A. Schettini, Jr., Superintendent of Schools for the town of Reading, had been appointed to the special commission established (under Section 2 of Chapter 315 of the Acts of 2008) to make recommendations relative to graduation and dropout prevention.

Matters Taken Out of the Orders 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 temporary loans and assessment of betterments by the town of Hingham (House, No. 4236),— was read a third time and passed to be engrossed, in concurrence.

The House Bill relative to the retirement and health benefits of certain elected officials of the town of Hull (House, No. 4218),— 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.

The Senate Bill relative to operating a motor vehicle when approaching stationary emergency vehicles (Senate, No. 2103, amended),— came from the House with the endorsement that the House had amended the bill by striking out all after the enacting clause and inserting in place thereof the text of House document numbered 5163.
The rules were suspended, on motion of Ms. Walsh, and the House amendment was considered forthwith and adopted, in concurrence.

Emergency Preambles Adopted.

An engrossed Bill authorizing the Commissioner of Capital Asset Management to convey certain land to the city of Newburyport (see House, No. 5038, amended), 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 4 to 0.
The bill was signed by the Acting President (Mr. Petruccelli) and sent to the House for enactment.

An engrossed Bill providing for the establishment of other post employment benefits liability trust funds in municipalities and certain other governmental units (see House, No. 5148), 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 4 to 0.
The bill was signed by the Acting President (Mr. Petruccelli) and sent to the House for enactment.

Engrossed Bill.

An engrossed Bill authorizing the establishment of the Nantucket Sewer Commission and Sewer Districts in the town of Nantucket (see House, No. 4213, amended) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be re-enacted and was signed by the Acting President (Mr. Petruccelli) and again laid before the Governor for his approbation.

Recess.

There being no objection, at seven minutes past eleven o’clock A.M., the Chair (Mr. Petruccelli) declared a recess subject to the call of the Chair; and, at twenty-one minutes past one o’clock P.M., the Senate reassembled, Mr. Petruccelli in the Chair.

PAPER FROM THE HOUSE.
Engrossed Bill.

An engrossed Bill authorizing the town of Westwood to grant a license for the sale of wines and malt beverages not to be drunk on the premises at a food store (see House, No. 4832) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and was signed by the Acting President (Mr. Petruccelli) and laid before the Governor for his approbation.
Subsequently, Ms. Walsh moved reconsideration of the vote on passing the bill to be enacted; and it was negatived.

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 House Bill relative to the appointment of certain persons to the police and fire department of the city of Malden (House, No. 3974),— was read a third time and passed to be engrossed, in concurrence, with the amendment previously adopted by the Senate.
Sent to the House for concurrence in the amendment.

Order Adopted.

On motion of Mr. Tisei,—

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 twenty-three minutes past one o’clock P.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.