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, February 22, 2010.

Met at one minute past eleven o’clock A.M. (Mr. Rosenberg in the Chair) (having been appointed by the President, under the provisions of Senate 4, to perform the duties of the Chair).

The Senator from Plymouth and Norfolk, Mr. Hedlund, led the Chair (Mr. Rosenberg), members, guests and employees in the recitation of the pledge of allegiance to the flag.

PAPERS FROM THE HOUSE.

A Bill designating the inpatient library at the Corrigan Mental Health Center in the city of Fall River as the Ralph A. Roberts Library (House, No. 4364,-- on petition),-- was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Report of the committee on Financial services, asking to be discharged from further consideration of the House Bill relative to insurance coverage and standards of treatment of persons with bleeding disorders (House, No. 915),-- and recommending that the same be referred to the committee on Public Health,- 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. Donnelly) “congratulating Colonel and Superintendent Mark. F. Delaney on his retirement from the Massachusetts State Police”;
Resolutions (filed by Mr. Hedlund) “congratulating Douglas L. Carnahan on the occasion of his retirement”;
Resolutions (filed by Mr. Michael O. Moore) “congratulating Reverend Clifford G. Gerber on the occasion of his retirement”; and
Resolutions (filed by Messrs. Tarr, Brewer, Donnelly, Joyce, Richard T. Moore, Panagiotakos and Rosenberg, Ms. Spilka, Mr. Timilty and Ms. Tucker) “commending Michael Reagan for his dedicated service to the soldiers who have given their lives in the War Against Terror.”

Communication.

The Clerk read the following communication:

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

February 18, 2010

The Honorable William Welch
Clerk
Massachusetts State Senate
State House
Boston, MA 02133
Dear Mr. Clerk:

I write regarding a vote taken on February 11, 2010 to enact H. 4470 which is entitled “An Act Relative to Unemployment Insurance Rates.” At the time the vote was taken, I had a family commitment that prohibited me from casting my vote. If I had been in the Chamber, I would have voted “Yes.”

Thank you for your prompt attention to this matter.

Sincerely,
Steven A. Tolman
STATE SENATOR

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

PAPER FROM THE HOUSE.
Emergency Preamble Adopted .

An engrossed Bill establishing a sick leave bank for Lila Kate Smith, an employee of the Department of Developmental Services (see Senate, No. 2243), 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 3 to 0.
The bill was signed by the Acting President (Mr. Rosenberg) and sent to the House for enactment.

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 House Bill authorizing the town of Franklin to appropriate funds and incure debt for the purpose of removing overhead utilities with undergound facilities (House, No. 4251, amended),-- was read a second time, ordered to a third reading, read a third time and was passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read a s follows: “An Act authorizing the town of Franklin to appropriate funds and incur debt to replace overhead utilities with underground facilities.”

Reports of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to flea market vendors (Senate, No. 2118),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2282).
There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2282) was then ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill authorizing the lease of land to yacht clubs (House, No. 4346),— ought to pass, with an amendment by striking out sections 1 and 2 and inserting in place thereof the following 2 sections:-
“SECTION 1. Notwithstanding sections 40E to 40I inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may, in consultation with the commissioner of conservation and recreation, lease or enter into other agreements for a term not to exceed 30 years with an organization currently operating a yacht club or other boating facility on public park land under the care and control of the department of conservation and recreation for the land and appurtenances associated therewith used by the yacht club or boating organization as shown in existing records of the department. This authorization shall only apply to the following yacht clubs and other boating organizations and facilities: the Union Boat Club in the city of Boston; the Cambridge Boat Club in the city of Cambridge; the Riverside Boat Club in the city of Cambridge; the Buckingham, Browne & Nichols Boat House in the city of Cambridge; the Massachusetts Institute of Technology Boat House in the city of Cambridge; the Belmont Hill/Winsor Boat House in the city of Cambridge; the Tufts University Boat Club in the city of Medford; the Harvard Sailing Pavilion in the city of Cambridge; the Boston University Sailing Pavilion in the city of Boston; the Massachusetts Institute of Technology Sailing Pavilion in the city of Cambridge; the Puritan Canoe Club in the city of Boston; the Neponset Valley Yacht Club in the city of Milton; the Wollaston Yacht Club in the city of Quincy; the Squantum Yacht Club in the city of Quincy; the South Shore Yacht Club in the city of Weymouth; the Charlesgate Yacht Club in the city of Cambridge; the Charles River Yacht Club in the city of Cambridge; the Newton Yacht Club in the city of Newton; the Columbia Yacht Club in the city of Boston; the South Boston Yacht Club in South Boston neighborhood of the city of Boston; the Riverside Yacht Club in the city of Medford; the Medford Boat Club in the city of Medford; the Mystic Wellington Yacht Club in the city of Medford; the Watertown Yacht Club in the city of Watertown; the East Boston Yacht Club in East Boston neighborhood of the city of Boston; the Dorchester Yacht Club in the Dorchester neighborhood of the city of Boston; the Boston Harbor Yacht Club in the city of Boston; the Blessing of the Bay Boat House; the Winter Hill Yacht Club in the city of Somerville; and the Boston University DeWolfe Boat House in the city of Cambridge. Before entering into a lease or other agreement under this section the commissioner of capital asset management and maintenance shall, in consultation with the commissioner of the department of conservation and recreation, determine the exact boundaries of each parcel after completion of a survey.
There shall be, at the discretion of the division of capital asset management and maintenance in accordance with the original contract terms and conditions or contract terms and conditions more favorable to the commonwealth, an option for extension of the lease or other agreement for 5 years.
SECTION 2. Notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws or any other general or special law rule or regulation to the contrary, the leases or other agreements executed under section 1 shall be on terms and conditions and consideration acceptable to the commissioner of capital asset management and maintenance after consultation with the commissioner of conservation and recreation; provided, however, that said lease or other agreement shall provide, without limitation, that: (i) the lessees shall manage, operate, improve, repair and maintain the land and appurtenances associated therewith during the term of the lease; (ii) the lessee shall carry comprehensive general liability insurance naming the commonwealth as a co-insured, protecting the commonwealth against all claims for personal injury or property damage arising from land and appurtenances associated therewith during the term of the lease; (iii) the lessee shall provide appropriate public access to public park land; (iv) the lessee shall be responsible for outreach and stewardship; and (v) the lessee shall not design or construct any facilities on the parcel without the written approval of the commissioner of capital asset management and maintenance and the commissioner of conservation and recreation; provided, however, that the commissioner of capital asset management and maintenance and the commissioner of conservation and recreation shall not approve any design or construction project under this section unless the commissioners have determined that the lessee has sufficient financial resources to complete the project. In determining the consideration for any lease or other agreement pursuant to this section, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, shall develop a methodology for setting a fair rental payment and with due regard to the criteria used by the department of conservation and recreation for setting existing permit fees for yacht and boating facilities identified in section 1. If a specific lessee does not agree with the rental payment methodology, then the consideration for the lease of that specific parcel shall be the full and fair market value of the parcel as determined by the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, under 1 or more independent professional appraisals contracted by the division.”
There being no objection, the rules were suspended, on motion of Mr. Hedlund, 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 House Bill establishing a sick leave bank for Elizabeth J. Lynch, an employee of the Department of Children and Families. (House, No. 4464),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time and ordered to a third reading.

PAPERS FROM THE HOUSE.

Petitions were severally referred, in concurrence, as follows, to wit:
Petition (accompanied by bill, House, No. 4513) of William Smitty Pignatelli and Benjamin B. Downing relative to Medicaid payments to critical access hospitals;
Under suspension of Joint Rules 12, to the committee on Health Care Financing.

Petition (accompanied by bill, House, No. 4514) of Michael A. Costello for legislation to regulate deposits with the State treasurer of surcharges collected on prepaid wireless services under regulations promulgated by the Department of Revenue;
Under suspension of Joint Rule 12, to the committee on Revenue.

Engrossed Bills.

The following engrossed bills (the first two of which originated in the Senate), 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. Rosenberg) and laid before the Governor for his approbation, to wit:

Relative to certain affordable housing in the city of Boston (see Senate, No. 2237);
Establishing a sick leave bank for Lila Kate Smith, an employee of the Department of Developmental Services (see Senate, No. 2243); and
Relative to the membership of the conservation commission of the town of Stockbridge (see House, No. 4191).

An engrossed Bill relative to a wastewater management district in the town of Harvard (see House, No. 4407, amended) (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 re-enacted and signed by the Acting President (Mr. Rosenberg) and again laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Donnelly,—

Ordered, That when the Senate adjourns today, it adjourn to meet again Wednesday next at eleven o’clock A.M., in a full formal session.

On motion of Mr. Hedlund, at eighteen minutes past eleven o’clock A.M., the Senate adjourned to meet again on Wednesday next at eleven o’clock A.M.