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, January 25, 2010.

Met according to adjournment at eleven o’clock A.M. (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).

The Chair (Mr. Timilty), members, guests and employees then recited the pledge of allegiance to the flag.

Communication.

A communication from the Honorable Therese Murray, President of the Senate, announcing the appointment of Senator Karen E. Spilka as the Senate appointee (pursuant to Executive Order No. 513) to the Science, Technology, Engineering and Math (STEM) Advisory Council (received in the Office of the Clerk of the Senate on Monday, January 25, 2010),-- was placed on file.

Report.

A report of the Special Commission on Oxycontin and Heroin (under the provision of Section 56 of Chapter 302 of the Acts of 2008) established to investigate and study the impact of the OxyContin and heroin epidemic (received in the Office of the Clerk of the Senate on Monday, January 21, 2010),-- was placed on file.

Reports of a Committee.

By Mr. Baddour, for the committee on Transportation, on petition, a Bill enhancing the administrative operations of the Registry of Motor Vehicles (Senate, No. 1882);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Baddour, for the committee on Transportation, on petition, a Bill relative to funeral processions (Senate, No. 1884); and
By the same Senator, for the same committee, on petition, a Bill relative to vehicle weight limitation requirements (Senate, No. 1887);
Severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

PAPERS FROM THE HOUSE.

Bills
Establishing a sick leave bank for Tree Borden, an employee of the Norfolk District Attorney’s Office (House, No. 4400, amended,-- on petition); and
Establishing a sick leave bank for Janet Ochner, an employee of the Department of Developmental Services (House, No. 4402,-- on petition);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill prohibiting certain dumping in the city of Brockton (House, No. 4190,-- on petition) [Local approval received],-- was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:-
Resolutions (filed by Ms. Flanagan and Mr. Pacheco) “congratulating Elaine M. Hill on the occasion of her retirement”;
Resolutions (filed by Mr. Morrissey) “congratulating former House Clerk Wallace C. Mills on the occasion of his ninetieth birthday”;
Resolutions (filed by Mr. Pacheco) “congratulating Tyler Conrad on the occasion of his elevation to the rank of Eagle Scout”;
Resolutions (filed by Mr. Pacheco) “congratulating Justin Pavao on the occasion of his elevation to the rank of Eagle Scout”; and
Resolutions (filed by Mr. Pacheco) “congratulating Matthew St. George on the occasion of his elevation to the rank of Eagle Scout.”

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1053

January 22, 2010

Mr. William F. Welch
Clerk of the Senate
State House, Room 335
Boston, MA 02133

Dear Mr. Clerk,

On Thursday, January 21, 2010, I was absent from the chamber due to the death of a close personal friend. In my absence two roll calls were taken. Had I been present, I would have voted in the affirmative on the following matters:

Enactment of House No. 612, Authorizing the City of Gardner to Convey Certain Land and Re-Enactment of House No. 4356, Relative to the Lease of Certain Parcels of Land in the City of Boston.

I would appreciate if this could be printed in the Senate journal. Thank you.

Sincerely,
Jack Hart

STATE SENATE.

On motion of Mr. Knapik, the above communication was ordered printed in the Journal of the Senate.

Matter Taken Out of the Orders of the Day.

There being no objection, the following matter was taken out of the Orders of the Day and considered, as follows:
The Senate Bill establishing the position of town clerk in the town of Charlemont (Senate, No. 2130),-- was read a second time.
Pending the question on ordering the bill to a third reading, Mr. Downing presented an amendment adding the following section:-
“SECTION 5. Notwithstanding section 1, the incumbent in the office of town clerk upon the effective date of this act shall continue to hold that office and perform the duties thereof until the expiration of the term for which he was elected and the appointment and qualification of a successor, or until the incumbent otherwise vacates the office.”
The amendment was adopted.
The bill (Senate, No. 2130, amended) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

Report of a Committee.

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 designating the walking path along Lynn Shore Drive and at Red Rock Park in Lynn as the Senator Walter J. Boverini Scenic Walkway (Senate, No. 407).
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act designating the walking path along Lynn Shore Drive at Red Rock Park in the city of Lynn as the Senator Walter J. Boverini Scenic Walkway”.
Sent to the House for concurrence.

PAPER FROM THE HOUSE.

The Senate Bill modifying the Lowell Civic Stadium Commission (Senate, No. 2236),-- 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 of House document numbered 4435; by inserting the following emergency preamble:
Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to authorize the transfer of certain contractual rights and obligations of the Lowell arena and civic stadium commission relative to the Tsongas Arena to the University of Massachusetts at Lowell, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”; and by striking out the title and inserting in place thereof the following title: “An Act relative to the Lowell Civic Stadium Commission.”.
The rules were suspended, on motion of Mr. Knapik, and the House amendment was considered forthwith and adopted, in concurrence (as corrected BTR).

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 Stephen M. Brewer for legislation relative to property tax benefits for senior citizen volunteers.
Senate Rule 36 was suspended, on motion of Mr. Knapik, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Revenue.
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. 4436) of Paul McMurtry for legislation to establish a sick leave bank for Ralph Marante, Jr., an employee of the Middlesex County Sheriff’s Office;
Under suspension of Joint Rules 12, to the committee on Public Service.
Petition (accompanied by bill, House, No. 4437) of Lewis G. Evangelidis, Jennifer L. Flanagan and others for legislation to designate a certain bridge on Route 2 over Bacon Street in the town of Westminster as the Ryan Patrick Jones Bridge;
Under suspension of Joint Rule 12, to the committee on Transportation.

Recess.

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

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

An engrossed Bill relative to the Lowell Civic Stadium Commission (see Senate, No. 2236, amended), 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. Timilty) 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. Timilty) and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Knapik,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Wednesday 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 twenty-eight minutes before one o’clock P.M., the Senate adjourned to meet again on Wednesday next at eleven o’clock A.M.