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, January 7, 2010.

Met at four minutes past 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.

Petitions.

Petitions were severally presented and referred, as follows:
By Mr. Brown, a petition (subject to Joint Rule 12) of Scott P. Brown for legislation relative to integrity in wage enforcement cases; and
By Ms. Candaras, a petition (subject to Joint Rule 12) of Gale D. Candaras for legislation to establish a sick leave bank for Candace Cabey, an employee of the Trial Court;
Severally under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Petitions were severally referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 4414) of William N. Brownsberger and Steven A. Tolman (by vote of the town) relative to the recall of elected officials in the town of Belmont;
To the committee on Election Laws.
Petition (accompanied by bill, House, No. 4415) of John F. Quinn, Joan M. Menard and others (by vote of the town) that the town of Freetown be authorized to establish the position of treasurer-collector for said town;
Petition (accompanied by bill, House, No. 4416) of William N. Brownsberger and Steven A. Tolman (by vote of the town) that the board of selectmen in the town of Belmont be authorized to appoint a chief of police for said town; and
Petition (accompanied by bill, House, No. 4417) of Lida E. Harkins (by vote of the town) relative to certain land in the town of Needham;
Severally to the committee on Municipalities and Regional Government.
Petition (accompanied by bill, House, No. 4418) of Michael F. Kane and Michael R. Knapik (with the approval of the mayor and city council) relative to police procedures when dealing with criminal street gangs in the city of Holyoke;
To the committee on Public Safety and Homeland Security.
Petition (accompanied by bill, House, No. 4419) of David P. Linsky, Karen E. Spilka and others (by vote of the town) that the town of Natick be authorized to exempt the chief of police from the civil service law in said town;
To the committee on Public Service.
Petition (accompanied by bill, House, No. 4420) of Susan Williams Gifford (by vote of the town) relative to real estate tax exemptions for certain structures in the town of Carver;
To the committee on Revenue.

A Bill relative to the Williamston Library Board of Trustees (House, No. 1921,— on petition),— was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Recess.

There being no objection, at five minutes past eleven o’clock A.M., the Chair (Mr. Tolman) declared a recess subject to the call of the Chair; and, at sixteen minutes before twelve o’clock noon, the Senate reassembled, Mr. Tolman in the Chair.

PAPER FROM THE HOUSE.

The Senate Bill relative to education reform (Senate, No. 2216),— came from the House passed to be engrossed, in concurrence, with an amendment striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 4423; and by striking out the title and inserting in place thereof the following title: “An Act to the achievement gap.”.
Senate Rule 36 was suspended, on motion of Mr. Tarr, and the House amendment was considered forthwith and the Senate NON-concurred therein.
The same Senator asked for a committee of conference on the disagreeing votes of the two branches; and Senators Panagiotakos, O’Leary and Tarr were appointed to the committee on the part of the Senate.
The bill was returned to the House endorsed accordingly.

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 increasing the pension benefits payable to Aquinnah Sara Burgess by the Attleboro Retirement System (printed as Senate, No. 2179),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The House Bill authorizing the town of Southbridge to establish certain special funds (House, No. 1131),— 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 the town of Southbridge to establish certain funds”.
The House Bill authorizing the City of Newton Retirement Board to grant a superannuation retirement allowance to Frank Albano (House, No. 4117),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Report of Committees.

By Mr. Berry, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Marc R. Pacheco and Theodore C. Speliotis for legislation to further regulate business practices between motor vehicle dealers, manufacturers and distributors.
Senate Rule 36 was suspended, on motion of Mr. Tarr, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Consumer Protection and Professional Licensure.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Petitions were severally referred, in concurrence, as follows, to wit:
Petition (accompanied by bill, House, No. 4425) Harold P. Naughton, Jr. relative to injuries sustained during state service by officers of the Trial Court;
Under suspension of Joint Rules 12, to the committee on the Judiciary.
Petition (accompanied by bill, House, No. 4424) of John P. Keenan and Sonia Chang-Diaz relative to extending the reporting date within which the special commission established to investigate, study and designate one thousand great places in the Commonwealth;
Under suspension of Joint Rule 12, to the committee on Tourism, Arts and Cultural Development.

Engrossed Bills.

An engrossed Bill validating a certain election in the town of Concord (see House Bill, printed in House, No. 4397) (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, two-thirds of the members present having voted in the affirmative, and signed by the Acting President (Mr. Tolman) and laid before the Governor for his approbation.

The following engrossed bills (all 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 and were signed by the Acting President (Mr. Tolman) and laid before the Governor for his approbation, to wit:
Relative to personnel by-laws in the town of Stoneham (see House, No. 633);
Relative to the Nantucket Historic District Commission (see House, No. 1121);
Relative to town meetings in the town of Framingham (see House, No. 1896); and
Authorizing the town of Winchester to grant an additional license for the sale of wines and malt beverages to be drunk on the premises (see House, No. 4345).

Recess.

There being no objection, at eight minutes before twelve o’clock noon, the Chair (Mr. Tolman) declared a recess subject to the call of the Chair; and, at seventeen minutes before one o’clock P.M., the Senate reassembled, 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).

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 and were signed by the Acting President (Mr. Timilty) and laid before the Governor for his approbation, to wit:
Increasing the pension benefits payable to Aquinnah Sarah Burgess by the Attleboro Retirement System (see House Bill, printed as Senate, No. 2179); and
Authorizing the city of Newton Retirement Board to grant a superannuation retirement allowance to Frank Albano (see House, No. 4117).

Order Adopted.

On motion of Mr. Tarr,—

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 a quarter before one o’clock P.M., the Senate adjourned to meet again on Monday next at eleven o’clock A.M.