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UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the Commonwealth of Massachusetts

JOURNAL OF THE SENATE.

Thursday, February 25, 2010.

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

Reports of Committees.

By Mr. Joyce, for the committee on State Administration and Regulatory Oversight, on Senate, No. 1396 and House, No. 3014, a Bill providing for the regulation of landscape sprinkler systems (Senate, No. 1396);

By the same Senator, for the same committee, on petition, (accompanied by bill, Senate, No. 1393), a Bill authorizing the Division of Capital Asset Management and Maintenance, in consultation with the Board of Trustees of the Essex Independent Agricultural and Technical Institute, to sell and convey a certain parcel of land in the town of Newbury (Senate, No. 2285); and

By the same Senator, for the same committee, on petition, (accompanied by bill, Senate, No. 2136),a Bill authorizing the Division of Capital Asset Management and Maintenance to convey certain land in the city of Somerville to the Somerville Housing Authority (Senate, No. 2286) [Local approval received on Senate, No. 2136];
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. O’Leary, for the committee on Education, on petition, a Bill to maintain short term objectives for students with disabilities (Senate, No. 222);
Read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

By Mr. Eldridge, for the committee on Municipalities and Regional Government, on petition, a Bill authorizing the town of Carver to divert funds from the Conservation Fund (Senate, No. 2095) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

PAPER FROM THE HOUSE.

A Bill validating the actions taken at a special town meeting of the town of Lynnfield (House, No. 4498,-- 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. Chang-Diaz) “congratulating the Dominican Cultural Sport Club on their celebration of the Dominican Republic’s Independence Day”;

Resolutions (filed by Mr. O’Leary) “congratulating Norma Holder-Hall on the tenth anniversary of the Multicultural Festival of Cape Cod”;

Resolutions (filed by Mr. Pacheco) “congratulating Jacob Arthur Karlson on the occasion of his elevation to the rank of Eagle Scout”; and

Resolutions (filed by Mr. Pacheco) “congratulating Michael Salvadore Walsh on the occasion of his elevation to the rank of Eagle Scout.”

Report of a Committee.

By Mr. Morrissey, for the committee on Telecommunications, Utilities and Energy, on petition (accompanied by bill, Senate, No. 2234), a Bill relative to the financing of wind energy facilities in the town of Falmouth (Senate, No. 2291) [Local approval received on Senate, No. 2234].
The bill was read. There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time.
Pending the question on ordering the bill to a third reading, Mr. Morrissey presented an amendment inserting after section 1 the following section:
“SECTION 2. This act shall take effect upon its passage.”
The amendment was adopted.
The bill (Senate, No. 2291, amended) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

Recess.

There being no objection, at nine minutes past eleven o’clock A.M., the Chair (Mr. Tolman) declared a recess subject to the call of the Chair; and, at twenty-four minutes before one o’clock P.M., the Senate reassembled, Mr. Tolman in the Chair.

Report of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill relative to safe driving (House, No. 4475, printed as amended),-- ought to pass with an amendment, striking out all after the enacting clause and inserting in place thereof the text of the Senate document numbered 2290.
There being no objection, the rules were suspended, on motion of Mr. Knapik, 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.

Order Adopted.

Mr. Panagiotakos offered the following order:

Ordered, That, notwithstanding Senate Rule 7 or any other rule to the contrary, the House Bill relative to safe driving (House, No. 4475) with the Ways and Means new text (Senate, No. 2290), shall be placed in the Orders of the Day for consideration of its third reading on Tuesday, March 2, 2010.

All amendments to the Ways and Means new text (Senate, No. 2290) shall be filed electronically in the office of the Clerk of the Senate by 5:00 P.M., on Friday, February 26, 2010. All such amendments shall be third-reading amendments, but further amendments in the third degree to such amendments shall be in order. The Clerk shall further specify the procedure and format for filing all amendments, consistent with this order.

No amendments which have not filed by the deadline shall be in order unless recommended by the committee on Bills in the Third Reading.
Under the rules, referred to the committee on Ethics and Rules.
Subsequently, Mr. Berry, for the said committee, reported, recommending that the order ought be adopted.
The rules were suspended, on motion of Mr. Knapik, and the order was considered forthwith and adopted.

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Elizabeth J. Lynch, an employee of the Department of Children and Families (see House, No. 4464), 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. Tolman) and sent to the House for enactment.

Engrossed Bill.

An engrossed Bill authorizing the town of Hingham to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises (see House, No. 4268, 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 enacted and signed by the Acting President (Mr. Tolman) 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 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 twenty-one minutes before one o’clock P.M., the Senate adjourned to meet again on Monday next at eleven o’clock A.M.