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.

Tuesday, January 19, 2010.

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

Reports of a Committee.

By Mr. McGee, for the committee on Public Service, on petition, a Bill establishing a sick leave bank for Valerie Desplaines, an employee of the Department of Developmental Services (Senate, No. 2242); and
By the same Senator, for the same committee, on petition, a Bill establishing a sick leave bank for Lila Kate Smith, an employee of the Department of Developmental Services (Senate, No. 2243);
Severally read and, under Senate Rule 27 to the committee on Ways and Means.

PAPERS FROM THE HOUSE.

A Bill relative to unpaid municipal fines (House, No. 3588, amended,— on petition),— was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

The annual report of the Public Employee Retirement Commission (under sections 21, 102 and 103 of Chapter 32 of the General Laws) relative to the percentum change in the average cost-of-living as shown by the United States consumer price index for the year 2009 compared with such index for the year 2008 (accompanied by bill, House, No. 4427),— was referred, in concurrence, to the committee on Public Service.

Report of the committee on Municipalities and Regional Government, asking to be discharged from further consideration of the House petition (accompanied by bill, House, No. 4059) (with the approval of the mayor and city council) relative to the possession of armor-piercing ammunition in the city of Boston, and recommending that the same be referred to the committee on the Judiciary,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Morrissey) “congratulating Richard O’Brien on his 38 years of outstanding and dedicated service to the Quincy Public Schools.”;
Resolutions (filed by Mr. Pacheco) “congratulating Jimmy’s Restaurant in Taunton on its twenty-fifth anniversary”; and
Resolutions (filed by Mr. Tarr) “congratulating North Reading school superintendent Doctor David Troughton on the occasion of his retirement.”

Order Adopted.

Mr. Tolman offered the following order, to wit:
Ordered, That a convention of the two branches be held at a quarter before seven o’clock P.M., on Thursday, January 21, 2009, for the purpose of receiving such communication as the Governor, Deval L. Patrick may be pleased to make to them relating to the concerns of the Commonwealth.
Under the rules, referred to the committees on Rules of the two branches, acting concurrently.
Subsequently, Mr. Tolman, for the said committees, reported, recommending that the order ought to be adopted.
The rules were suspended, on motion of the same Senator, and the order was considered forthwith and adopted.
Sent to the House for concurrence.

Report of Committees.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill establishing a sick leave bank for Catherine Ann Ouellette, an employee of the Trial Court (Senate, No. 2228),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Petruccelli, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill to regulate the use of off highway and recreation vehicles (Senate, No. 2235),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2251).
The rules were suspended, on motion of Mr. Tolman, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2251) was then ordered to a third reading.

By Mr. Tolman, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Harriette L. Chandler and John W. Scibak for legislation relative to financial services contracts for dental benefits corporations;
The rules were suspended, on motion of Mr. Petruccelli, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Financial Services.
By Mr. Tolman, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Thomas P. Kennedy and Michael Brady for legislation to establish a sick leave bank for Gloria Oluboje, an employee of the Massachusetts Department of Transitional Assistance;
The rules were suspended, on motion of Mr. Petruccelli, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4429) of Robert L. Rice, Jr., Steven M. Walsh and others relative to recreation officers within the Department of Correction,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on the Judiciary.

Emergency Preambles Adopted.

An engrossed Bill establishing a sick leave bank for Anne Smith, an employee of the Department of Revenue (see House, No. 4353), 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. Hart) and sent to the House for enactment.

An engrossed Bill establishing a sick leave bank for Patricia Cahill, an employee of the Department of Transitional Assistance (see House, No. 4363), 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. Hart) and sent to the House for enactment.

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. Hart) and laid before the Governor for his approbation, to wit:
Establishing a sick leave bank for Anne Smith, an employee of the Department of Revenue (see House, No. 4353); and
Establishing a sick leave bank for Patricia Cahill, an employee of the Department of Transitional Assistance (see House, No. 4363).

Order Adopted.

On motion of Mr. Petruccelli,—

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

On motion of Mr. Knapik at twenty-nine minutes past eleven o’clock A.M., the Senate adjourned to meet again on Thursday next at one o’clock P.M.