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, February 18, 2010.

Met at one minute past eleven o’clock P.M. (Mr. Timilty in the Chair) (having been appointed by the President, under the provisions of Senate 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.

Distinguished Guests.

There being no objection, the Chair (Mr. Timilty) introduced, in the rear of the Chamber, Gus, Joey and Gerry Huiskamp from Mansfield. They were accompanied by Mary Kate Flynn. The Senate welcomed them with applause and they withdrew from the Chamber.

Petitions.

Petitions were severally presented and referred, as follows:
By Ms. Chang- Diaz (by request), a petition (subject to Joint Rule 12) of Paul R. Faircloth, Jr. for legislation relative to domestic partners; and
By Mr. Morrissey, a petition (subject to Joint Rule 12) of Michael W. Morrissey, David P. Linsky and Allen J, McCarthy for legislation to regulate real estate appraisal management companies;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Mr. O’Leary, for the committee on Education, on Senate, No. 258 and House, Nos. 351, 474, 527 and 3549, a Resolve reviving and continuing the special commission on Civic Engagement and Learning (Senate, No. 2277); and
By Ms. Chang-Diaz, for the committee on Tourism, Arts and Cultural Development, on petition, a Resolve reviving and continuing the special commission relative to the establishment of a Cranberry Heritage Area (Senate, No. 1876);
Severally read and, under Joint Rule 29, referred to the committees on Rules of the two branches, acting concurrently.

By Ms. Flanagan, for the committee on Mental Health and Substance Abuse, on petition, a Bill governing removal of certain occupants to clients of the Department of Social Services (Senate, No. 732);
By the same Senator, for the same committee, on petition, a Bill relative to the nurses rehabilitation program participant bill of rights (Senate, No. 746);
By the same Senator, for the same committee, on petition, a Bill relative to the civil commitment for alcoholism or substance abuse at certain facilities (Senate, No. 748); and
By the same Senator, for the same committee, on petition, a Bill amending the duration of commitment of alcoholics and substance abusers (Senate, No. 754);
Severally referred, under Joint Rule 1E, to the committee on Health Care Financing.

By Mr. O’Leary, for the committee on Education, on Senate, No. 299 and House, Nos. 374, 375, 377, 407 and 478, a Bill concerning financial literacy in schools (Senate, No. 2275);
By the same Senator, for the same committee, on Senate, No.273 and House, No. 350, a Bill to improve STEM education in the Commonwealth (Senate, No. 2276); and
By the same Senator, for the same committee, on Senate, Nos. 250 and 276 and House, No. 515, a Bill establishing the After School and Out of School Time Coordinating Council (Senate, No. 2278);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

PAPERS FROM THE HOUSE.

Petitions were severally referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4494) of Karyn E. Polito, James B. Eldridge and others (by vote of the town) that the town of Westborough be authorized to remove a certain restriction on a liquor license held by Mandarin Westborough, Inc.;
To the committee on Consumer Protection and Professional Licensure.

Petition (accompanied by bill, House, No. 4495) of Cleon H. Turner and Robert A. O’Leary (by vote of the town) that the town of Brewster be authorized to establish a road maintenance revolving account;
To the committee on Municipalities and Regional Government.

Bills
Authorizing the town of Franklin to appropriate funds and incur debt for the purpose of removing overhead utilities and replacing with underground facilities (House, No. 4251, amended,-- on petition) [Local approval received]; and
Relative to elections in the town of Wayland (House, No. 4256,-- on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

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 establishing the Center Pond Restoration and Protection District in the town of Becket (House, No. 3701),-- was read a third time.
Pending the question on passing the bill to be engrossed, Mr. Downing presented an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2279.
The amendment was adopted.
The bill, as amended, was then passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

The House Bill relative to elections for the Dennis Water District (House, No. 1140),-- was read a third time.
Pending the question on passing the bill to be engrossed, Mr. O’Leary presented an amendment striking out all after the enacting clause and inserting in place thereof the following text:-

“SECTION 1. Notwithstanding section 9 of chapter 277 of the acts of 1945 or any other general or special law to the contrary, if the boundaries of the town of Dennis and the Dennis Water District are identical on the date of the annual town election to be held May 11, 2010, and on the date of each annual town election thereafter, the town of Dennis shall elect by ballot in conjunction with the annual town election, district officers whose elections would otherwise have appeared on the ballot for a district election. Any questions as may be requested by the board of water commissioners shall also appear on the ballot at that election. The responsibility for the conduct of the election shall be vested in the officers of the town.
SECTION 2. Notwithstanding section 9 of chapter 277 of the acts of 1945 or any other general or special law to the contrary, if the boundaries of the town of Dennis and the Dennis Water District are not identical on the date of the annual town election to be held May 11, 2010, or on the date of any annual town election thereafter, then the annual town election and the Dennis Water District election shall be held on the same date but by separate ballot.
SECTION 3. This act shall take effect upon its passage.”
The amendment was adopted.
The bill, as amended, was then passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence with the amendment.

The House Bill relative to the membership of the conservation commission of the town of Stockbridge (House, No. 4191),-- was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

PAPER FROM THE HOUSE.
Engrossed Bill Returned with Recommendation of Amendment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill relative to a wastewater management district in the town of Harvard (see House, No. 4407, amended) [for message, see House, No. 4486],— came from the House with an amendment in the form approved by the committee on Bills in the Third Reading as follows:-
“In section 4, by striking out the word “solely”, in line 9; and in section 5, in line 3 by striking out the words “, 16B and 16E” and inserting in place thereof the following words “; - to 16E, inclusive,”.”
The message, as amended was read; and, under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate subject to amendment and re-enactment.
The rules were suspended, on motion of Mr. Hedlund, and the Governor’s amendment, as amended was considered forthwith.
On motion of Mr. Hedlund, the Governor’s amendment, as amended, was adopted, in concurrence (as corrected BTR).

Reports of Committees.

By Mr. Berry, for the committees on Rules of the two branches, acting concurrently, that the provisions of Joint Rule 7B have been complied with on the Senate petition of Susan C. Fargo, Thomas A. Golden, Jr., James Arciero, Cory Atkins and David M. Nangle (by vote of the town) for legislation to authorize the town of Chelmsford to convey certain conservation land and easements.
The rules were suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 7B was suspended; and the petition (accompanied by bill) was referred to the committee on Municipalities and Regional Government.

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 Michael W. Morrissey for legislation relative to assault and battery attempting to disarm a police officer.
The rules were suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on the Judiciary.

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 Michael W. Morrissey for legislation relative to noncriminal hearing fee reimbursement.
The rules were suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on the Judiciary.

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 Michael W. Morrissey and Barry R. Finegold for legislation relative to water company infrastructure projects.
The rules were suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Telecommunications, Utilities and Energy.
Severally 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. 4502) of Bill Bowles and James E. Timilty relative to the parental rights of service members during deployment or activation;
Under suspension of Joint Rules 12, to the committee on the Judiciary.
Petition (accompanied by bill, House, No. 4503) of Brian S. Dempsey relative to establishing a sick leave bank for John Jack Bevelaqua and employee of the Department of Energy Resources;
Under suspension of Joint Rule 12, to the committee on Public Service.

Engrossed Bill.

An engrossed Bill relative to the certification of Wareham Library (see Senate, No. 2163) (which originated in the Senate), 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. Timilty) and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Tarr,—

Ordered, That when the Senate adjourns today, it adjourn to meet again 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 nine minutes past eleven o’clock A.M., the Senate adjourned to meet again on Monday next at eleven o’clock A.M.