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, December 15, 2008.

Met at five 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.

Communication.

A communication from the Executive Office for Administration and Finance (pursuant to Section 3B of Chapter 7 of the General Laws) giving notice of its intention to amend 801 CMR 4.02: Fees for Licenses, Permits, and Services to be Charged to State Agencies (received Thursday, December 11, 2008),— was placed on file.

Reports.

A report of the Dukes County Registry of Deeds (under the provisions of Section 4 of Chapter 4 of the Acts of 2003 and Section 2KKK of Chapter 29 of the General Laws) submitting its plan for 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 Thursday, December 11, 2008),— was placed on file.

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 Suffolk County Jail (received Friday, December 12, 2008),— was read and sent to the House for its information.

Committee Discharged.

Mr. Downing, for the committee on Ethics and Rules, to whom was referred the Senate Order relative to authorizing the joint committee on Transportation to make an investigation and study of certain current Senate documents relative to transportation (Senate, No. 2599), reported, in part, asking to be discharged from further consideration
Of the Senate petition (accompanied by bill, Senate, No. 2086) of Karen E. Spilka for legislation relative to freezing the Massachusetts turnpike tolls at current levels; and recommending that the same severally be recommitted to the committee on Transportation.
Under Senate Rule 36, the report were severally considered forthwith and accepted.

PAPERS FROM THE HOUSE.

A Resolve providing for an investigation and study by a special commission relative to economic opportunities in the Commonwealth (House, No. 5154,— on House, No. 1870),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

A report of the committee on Education, asking to be discharged from further consideration of the House Bill requiring the sanitization of musical instruments in schools (House, No. 5124), and recommending that the same be referred to the committee on Health Care Financing,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence.

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. Petruccelli) and laid before the Governor for his approbation, to wit:
Restricting the authority of the Holyoke Power and Electric Company and the Holyoke Water Power Company (see Senate, No. 2554);
Establishing a sick leave bank for Brenda De Los Santos, an employee of the Department of Transitional Assistance (see Senate, No. 2882);
Establishing a sick leave bank for Maryan Labaire, an employee of the Department of Children and Families (see House, No. 5118, changed);
Establishing a sick leave bank for Tracy Kelly, an employee of the Trial Court (see House, No. 5119);
Establishing a sick leave bank for Alan Antonucci, an employee of the Middlesex sheriff’s office (see House, No. 5144); and
Establishing a sick leave bank for Judy M. Romano, an employee of the Department of Public Health (see House, No. 5145).

A petition (accompanied by bill, House, No. 5170) of Steven M. Walsh and others that the Massachusetts Turnpike Authority be prohibited from revising tolls on certain roadways in the Commonwealth,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Transportation.

Order — Amended

The following House Order (approved by the committees on Rules of the two branches, acting concurrently) was considered forthwith, as follows:
Ordered, That, notwithstanding the provisions of Joint Rule 10, the committee on Bonding, Capital Expenditures and State Assets shall be granted until Monday, December 15, 2008, within which to report on current House documents numbered 4903, 5014 and 5031.
The rules were suspended on motion of Mr. Tisei and the order was considered forthwith.
Pending the question on adoption of the order, Mr. Montigny presented an amendment that the order be amended by striking out the following: “4903,”.
The amendment was adopted.
The order, as amended, was then adopted.
Sent to the House for concurrence in the amendment.

Report of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill relative to discharging sewage from marine vessels into waters of the Commonwealth designated as no discharge areas (House, No. 4805),— ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2621.
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence.

PAPER FROM THE HOUSE.
Engrossed Bill.

An engrossed Bill relative to operating a motor vehicle when approaching stationary emergency vehicles (see Senate, No. 2103, amended) (which originated in the Senate), 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.

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.

Adjournment in Memory of James Henry Walsh.

The Senator from Plymouth and Barnstable, Ms. Murray and the Senator from Worcester and Middlesex, Mr. Antonioni requested that when the Senate adjourns today, it adjourn in memory of James Henry Walsh, brother of Senator Marian Walsh.

James was a graduate of Catholic Memorial High School and Massachusetts Maritime Academy. James Walsh served in the United States Navy during the Vietnam War. James was a former Boston school teacher and electrical engineer-federal employee. He is survived by his widow Thelma Alvarez of Boston and the Philipines.

Accordingly, as a mark of respect to the memory of James Henry Walsh, at a quarter past eleven o’clock A.M., on motion of Mr. Tisei, the Senate adjourned to meet again on Thursday next at eleven o’clock A.M.