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UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the Commonwealth of Massachusetts

JOURNAL OF THE SENATE.


Wednesday, January 13, 2010.

Met at one minute 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.

Distinguished Guests.

There being no objection, the President introduced in the Senate Gallery, the boys’ championship soccer team from Weston High School. The Senate welcomed them with applause and they withdrew from the Gallery. They were guests of Senator Fargo and Representative Peisch.

Petitions.

Petitions were severally presented and referred, as follows:
By Mr. Petruccelli, a petition (accompanied by bill, Senate, No. 2246) of Anthony W. Petruccelli (with approval of the mayor and city council) for legislation to ban texting while driving in the city of Boston;
Under Senate Rule 20, to the committee on Transportation.
By Ms. Spilka (by request), a petition (subject to Joint Rule 12) of Robert Edwards for legislation to prevent concussion in school sports;
Under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Report of a Committee.

By Ms. Tucker, for the committee on Housing, on petition, a Bill relative to certain affordable housing in the city of Boston (Senate, No. 2237) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4426) of Jennifer M. Callahan, Richard T. Moore and Paul K. Frost for legislation to designate Vaillancourt Folk Art as the official Christmas collectible maker of the Commonwealth (having been filed in the office of the Clerk of the House of Representatives prior to five o’clock P.M., on Friday, January 16, 2009),— was referred, in concurrence, to the committee on Transportation.
A petition (accompanied by bill, House, No. 4383) of John H. Rogers, Marian Walsh and others (by vote of the town) relative to the leasing of Post VFW 2452 in the town of Norwood,— was referred, in concurrence, to the committee on Municipalities and Regional Government.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Knapik) “congratulating Joseph M. McGiverin on being named the 2010 Grand Marshal of the 59th Annual Saint Patrick’s Parade in Holyoke.”

Order Adopted.

Mr. Berry offered the following order, to wit:
Ordered, That by the authority of article IV of section II of chapter I of the Constitution, the Senate declares that, by reason of the resignation of Anthony D. Galluccio as senator from the Middlesex, Suffolk and Essex district, the office of senator from the Middlesex, Suffolk and Essex district is vacant as of January 6, 2010. By the authority of article XXIV of the Amendments to the Constitution, the Senate directs the president of the Senate to issue a precept setting forth May 11, 2010, as the day for holding an election to fill the vacancy in the Middlesex, Suffolk and Essex district, comprising of ward 3, precinct 2, ward 6, all precincts, ward 7, all precincts, ward 8, precincts 1 and 2, ward 9, precinct 1, ward 10, precinct 2 in the city of Cambridge; the city of Everett; ward 1, precinct 1, ward 2, precinct 1 in the city of Somerville, in the county of Middlesex; ward 2, all precincts, ward 21, precincts 4, 6 and 7, ward 22, precincts 1, 2 and 5 in the city of Boston; the city of Chelsea; ward 6, all precincts, in the city of Revere, in the county of Suffolk; and precincts 2, 6 and 10 in the town of Saugus, in the county of Essex.
Under the rules, referred to the committee on Ethics and Rules.
Subsequently, Mr. Berry, for the said committee, reported, recommending that the order ought to be adopted.
The rules were suspended, on motion of Mr. Hedlund, and the order was considered forthwith and adopted.

Reports of Committees.

Mr. Berry, 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 Senate Bill punishing assault and battery by means of a bodily substance upon correctional facility employees (Senate, No. 997).
There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time.
Pending the question on ordering the bill to a third reading, Mr. Timilty presented an amendment by striking out, in line 17, the figure “5” and inserting in place thereof the following figure:— “2½”.
The amendment was adopted.
The bill (Senate, No. 997, amended) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

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 Thomas Quinn for legislation relative to the posting of fetal alcohol syndrome warning.
Senate Rule 36 was suspended, on motion of Ms. Murray, 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.

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 Brian A. Joyce for legislation relative to homeowners associations.
Senate Rule 36 was suspended, on motion of Ms. Murray, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Housing.
Severally sent to the House for concurrence.

PAPER FROM THE HOUSE.
Engrossed Bill.

An engrossed Bill authorizing the town of Southbridge to establish certain funds (see House, No. 1131) (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 signed by the Acting President (Mr. Petruccelli) and laid before the Governor for his approbation.

Reports of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to certain tanks used for the storage of fluids (Senate, No. 914),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Eldridge, and the bill was read a second time and ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill establishing a sick leave bank for Kathleen Canning, an employee of the Department of Public Safety (Senate, No. 2217),— ought to pass, with an amendment by inserting before the enacting clause the following emergency preamble:—
“Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith a sick leave bank for a certain employee of the department of public safety, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”
There being no objection, the rules were suspended, on motion of Mr. Eldridge, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2217, amended) was then ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Anne Smith, an employee of the Department of Revenue (House, No. 4353),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Eldridge, and the bill was read a second time and ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Patricia Cahill (House, No. 4363),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Eldridge, and the bill was read a second time and ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill relative to a wastewater management district in the town of Harvard (House, No. 4407),— ought to pass, with an amendment by striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2244.
There being no objection, the rules were suspended, on motion of Mr. Eldridge, 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.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to comprehensive wind energy siting reform (Senate, No. 2206),— ought to pass, with an amendment substituting a new draft entitled “An Act relative to comprehensive siting reform for land based wind projects” (Senate, No. 2245).
There being no objection, the rules were suspended, on motion of Mr. Eldridge, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2245) was then ordered to a third reading.

Order Adopted.

On motion of Ms. Murray,—

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at one o’clock P.M., in a full formal session.

On motion Mr. Hedlund, at seventeen minutes past eleven o’clock A.M., the Senate adjourned to meet again tomorrow at one o’clock P.M.