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 14, 2010.

Met at one o’clock P.M. (Mr. Rosenberg in the Chair).

Reports.

The following reports were severally read and placed on file:
Report of the Attorney General (under the provisions of Section 99R of Chapter 272 of the General Laws) relative to wiretap interceptions (received Friday, January 8, 2010); and
Report of the Bristol District Attorney (under the provisions of Section 99R of Chapter 272 of the General Laws) relative to wiretap interceptions (received Tuesday, January 12, 2010).

Petition.

Ms. Fargo presented a petition (subject to Joint Rule 7B) of Susan C. Fargo (by vote of the town) for legislation to authorize the town of Chelmsford to convey certain conservation land and easements;
Under Senate Rule 20, referred to the committees on Rules of the two branches, acting concurrently.

Report of a Committee.

By Mr. Eldridge, for the committee on Municipalities and Regional Government, on petition, a Bill establishing the position of town clerk in the town of Charlemont (Senate, No. 2130) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Recess.

There being no objection, at one minute past one o’clock P.M., the Chair (Mr. Rosenberg) declared a recess subject to the call of the Chair; and, at nine minutes past two o’clock P.M., the Senate reassembled, the President in the Chair.

The President, members, guests and employees then recited the pledge of allegiance to the flag.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Brewer) “honoring Janet Garon on the occasion of her retirement”; and
Resolutions (filed by Ms. Walsh, Ms. Chang-Diaz and Ms. Jehlen) “honoring Alan J. MacKinnon for his inspirational act of charity in support of the family of Surendra Dangol.”

Report of a Committee of Conference.

Mr. Panagiotakos, for the committee of conference, to whom was referred the matters of difference between the two branches with reference to the House amendment to the Senate Bill relative to education reform (Senate, No. 2216) (amended by the House by striking out all after the enacting clause and inserting in place thereof the text of House document numbered 4423; and by striking out the title and inserting in place thereof the following title: “An Act relative to the achievement gap”, reported, a “Bill relative to the achievement gap” (Senate, No. 2247).
Mr. Panagiotakos moved to suspend the rules to consider the report forthwith; but objection was made thereto by Mr. Tisei.
After debate, the question on suspension of the rules was determined by a call of the yeas and nays, at a quarter past two o’clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 29 — nays 6) [Yeas and Nays No. 186]:

YEAS.
Baddour, Steven A. Menard, Joan M.
Brewer, Stephen M. Montigny, Mark C.
Buoniconti, Stephen J. Moore, Michael O.
Candaras, Gale D. Moore, Richard T.
Chandler, Harriette L. Morrissey, Michael W.
Chang-Diaz, Sonia O’Leary, Robert A.
Donnelly, Kenneth J. Pacheco, Marc R.
Downing, Benjamin B. Panagiotakos, Steven C.
Eldridge, James B. Petruccelli, Anthony
Fargo, Susan C. Rosenberg, Stanley C.
Flanagan, Jennifer L. Spilka, Karen E. 
Hart, John A., Jr. Timilty, James E.
Joyce, Brian A. Tolman, Steven A.
Kennedy, Thomas P. Tucker, Susan C. — 29.
McGee, Thomas M.
NAYS.
Brown, Scott P. Knapik, Michael R.
Hedlund, Robert L. Tarr, Bruce E.
Jehlen, Patricia D. Tisei, Richard R. —6.
ABSENT OR NOT VOTING.
Berry, Frederick E. Walsh, Marian — 3.
Creem, Cynthia Stone

The yeas and nays having been completed at twenty-one minutes past two o’clock P.M., the rules were suspended.

After further debate, the question on accepting the report of the committee of conference was determined by a call of the yeas and nays, at a half past three o’clock P.M., on motion of Mr. Panagiotakos, as follows, to wit (yeas 23 — nays 12) [Yeas and Nays No. 187]:

YEAS.
Baddour, Steven A. Menard, Joan M.
Berry, Frederick E. Moore, Michael O.
Brewer, Stephen M. Moore, Richard T.
Brown, Scott P. O’Leary, Robert A.
Buoniconti, Stephen J. Panagiotakos, Steven C.
Chandler, Harriette L. Petruccelli, Anthony
Chang-Diaz, Sonia Rosenberg, Stanley C.
Downing, Benjamin B. Spilka, Karen E.
Flanagan, Jennifer L. Tarr, Bruce E.
Hart, John A., Jr. Tisei, Richard R.
Joyce, Brian A. Tucker, Susan C. — 23.
Knapik, Michael R.
NAYS.
Candaras, Gale D. Kennedy, Thomas P.
Donnelly, Kenneth J. McGee, Thomas M.
Eldridge, James B. Montigny, Mark C.
Fargo, Susan C. Morrissey, Michael W.
Hedlund, Robert L. Timilty, James E.
Jehlen, Patricia D. Tolman, Steven A. — 12.
PAIRED.
YEA. NAY.
Creem, Cynthia Stone Pacheco, Marc R. (present) — 2.
ABSENT OR NOT VOTING.
Walsh, Marian — 1.

The yeas and nays having been completed at twenty-six minutes before four o’clock P.M., the report of the committee of conference was accepted.
Sent to the House for concurrence.

PAPER FROM THE HOUSE.
Engrossed Bill.

An engrossed Bill increasing the membership on the Williamstown Board of Library Trustees (see House, No. 1921) (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 President and laid before the Governor for his approbation.

Orders of the Day.

The Orders of the Day were considered as follows:
Bills
Allowing the town of Ware to sell the Old Council on Aging building and its property at an auction (Senate, No. 1397);
Relative to elections for the Dennis Water District (House, No. 1140);
Relative to the sale of taxi licenses in the town of Brookline (House, No. 3712);
Authorizing the city of Leominster to grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises (House, No. 4267, amended);
Authorizing the town of Hingham to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises (House, No. 4268); and
Establishing a regional wastewater district for the towns of Mansfield, Foxborough and Norton (House, No. 4307);
Were severally read a second time and ordered to a third reading.

The Senate Bill further regulating above ground tanks used for the storage of certain fluids (Senate, No. 914) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

The House Bills Establishing a sick leave bank for Anne Smith, an employee of the Department of Revenue (House, No. 4353); and
Establishing a sick leave bank for Patricia Cahill, an employee of the Department of Transitional Assistance (House, No. 4363);
Were severally read a third time and passed to be engrossed, in concurrence.

The House Bill relative to a wastewater management district in the town of Harvard (House, No. 4407),— 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.

The Senate Bill establishing a sick leave bank for Kathleen Canning, an employee of the Department of Public Safety (Senate, No. 2217, amended),— was read a third time.
Pending the question on passing the bill to be engrossed, on motion of Mr. Hart, the bill was recommitted to the committee on Bills in the Third Reading.

The Senate Bill relative to comprehensive siting reform for land based wind projects (Senate, No. 2245),— was read a third time.
Pending the question on passing the bill to be engrossed, Mr. Knapik moved that the bill be laid on the table. Under the provisions of Senate Rule 24, the matter was laid over until the next session.

Resolutions.

The following resolutions (filed by Mr. Hart, Ms. Murray and Messrs. Baddour and Tisei),— were considered forthwith, read and adopted, as follows:—
RESOLUTIONS SUPPORTING THE HAITIAN RELIEF EFFORT

WHEREAS, THE COMMONWEALTH IS HOME TO ONE OF THE LARGEST HAITIAN POPULATIONS IN THE UNITED STATES, WITH 50,000 TO 60,000 HAITIANS LIVING IN BOSTON ALONE, MANY OF WHOM HAVE FAMILY AND FRIENDS RESIDING IN THE COUNTRY OF HAITI; AND
WHEREAS, AN ESTIMATED 40,000 TO 45,000 AMERICANS ARE REPORTEDLY LIVING IN THE COUNTRY OF HAITI; AND
WHEREAS, ON JANUARY 12, 2010, AN EARTHQUAKE WITH A MAGNITUDE OF 7.0, CENTERED NEAR PORT-AU-PRINCE, THE CAPITAL CITY OF HAITI, STRUCK CAUSING AN UNTOLD LOSS OF LIFE AND EXTENSIVE DAMAGE TO HOMES AND BUSINESSES, LEAVING HUNDREDS OF THOUSANDS OF HAITIAN RESIDENTS STRANDED AND OTHERWISE FEARFUL FOR THE SAFETY AND STATUS OF THEIR LOVED ONES; AND
WHEREAS, AFTERSHOCKS RESULTING FROM THE DEBILITATING EARTHQUAKE CONTINUE TO AFFECT AND DISPLACE APPROXIMATELY 3 MILLION PEOPLE; AND
WHEREAS, NEWS REPORTS ON THE CURRENT STATE OF HAITI IN THE AFTERMATH OF THIS DISASTER CONTINUE TO REVEAL WIDESPREAD CASUALTIES AND DESTRUCTION OF PROPERTY; AND
WHEREAS, IT WILL REQUIRE A MONUMENTAL EFFORT TO HELP THE CITIZENS OF HAITI REBUILD FROM THIS TRAGIC EVENT, AND OFFERS OF HUMANITARIAN AID AND ASSISTANCE HAVE POURED IN FROM AROUND THE WORLD; AND
WHEREAS, THE UNITED STATES HAS PLEDGED MILITARY AND CIVILIAN DISASTER ASSISTANCE TO HAITI’S AFFECTED CITIZENS IN AN EFFORT TO RESCUE THOUSANDS OF PEOPLE WHO REMAIN UNACCOUNTED FOR; AND
WHEREAS, THE COMMONWEALTH IS COMMITTED TO ASSISTING IN THE HUMANITARIAN EFFORT AND URGES THE CITIZENS OF THE COMMONWEALTH TO CONTRIBUTE FUNDS, FOOD AND CLOTHING TO RELIEF ORGANIZATIONS AND SUPPORT THE CITIZENS OF HAITI AS THEY WORK TO RECOVER FROM THIS DEVASTATING EARTHQUAKE; NOW THEREFORE BE IT
RESOLVED, THAT THE MASSACHUSETTS SENATE SUPPORTS THE NATIONAL AND INTERNATIONAL RELIEF EFFORTS FOR THE COUNTRY OF HAITI; AND BE IT FURTHER
RESOLVED, THAT A COPY OF THESE RESOLUTIONS BE TRANSMITTED FORTHWITH BY THE CLERK OF THE SENATE TO THE GOVERNOR, THE MASSACHUSETTS CONGRESSIONAL DELEGATION AND THE CONSULATE GENERAL OF HAITI.

Recess.

There being no objection, at seven minutes before four o’clock P.M., the President declared a recess subject to the call of the Chair; and, at twenty-five minutes past six o’clock P.M., the Senate reassembled, Mr. Petruccelli in the Chair (having been appointed by the President, under authority conferred by in Senate Rule 4, to perform the duties of the Chair).

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill relative to the achievement gap (see Senate, No. 2247), 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 2 to 0.
The bill was signed by the Acting President (Mr. Petruccelli) and sent to the House for enactment.
Subsequently, the bill, which originated in the Senate, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the Acting President (Mr. Petruccelli) and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Hedlund,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Tuesday 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 William David Hurley, II.

The Senator from Norfolk and Plymouth, Mr. Morrissey, requested that when the Senate adjourns today, it adjourn in memory of William David Hurley, II.
William David Hurley passed away on October 8, 2009, after attending a Bruins game at Boston Garden. Will was a Navy veteran who had been living in the Boston area for eight months prior to his demise. He is survived by his mother, Lynn Martin and stepfather Gene Martin, as well as many other family members and his girlfriend, Claire Mahoney of Quincy.

Accordingly, as a mark of respect to the memory of William David Hurley, II, at a half past six o’clock P.M., on motion of Mr. Hedlund, the Senate adjourned to meet again on Tuesday next at eleven o’clock A.M.