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UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the Commonwealth of Massachusetts

JOURNAL OF THE SENATE.

Thursday, March 12, 2009.

Met at two minutes past at three o’clock P.M. (Mr. Rosenberg in the Chair).

Communications.

The following communications were severally received and placed on file:

A communication from the Honorable Scott P. Brown, under the provisions of General Laws Chapter 268A (received in the Office of the Clerk of the Senate on Thursday, March 12, 2009);
A communication from the Honorable Scott P. Brown, under the provisions of General Laws Chapter 268A (received in the Office of the Clerk of the Senate on Thursday, March 12, 2009); and
A communication from the Honorable Scott P. Brown, under the provisions of General Laws Chapter 268A (received in the Office of the Clerk of the Senate on Thursday, March 12, 2009).

PAPER FROM THE HOUSE.

A report of the House committee on Ways and Means, asking to be discharged from further consideration of the message from His Excellency the Governor recommending legislation relative to providing emergency measures to assist the Commonwealth’s fiscal recovery (accompanied by bill, House, No. 101) (as relates to sections 21, 22, 23, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36) and recommending that the same be referred to the committee on Revenue,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Recess.

There being no objection, at three minutes past three o’clock P.M., the Chair (Mr. Rosenberg) declared a recess subject to the call of the Chair; and, at twenty-four minutes past three o’clock P.M, the Senate reassembled, Mr. Rosenberg in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

The Senator from Hampden and Hampshire, Mr. Knapik, led the Chair (Mr. Rosenberg), members, guests and employees in the recitation of the pledge of allegiance to the flag.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Hart) “congratulating the Innisfree International College & Convention Centre of Lough Gill, County Sligo, Republic of Ireland”;
Resolutions (filed by Mr. Hart) “congratulating visiting Master Chefs from Ireland for their participation in Irish Culinary Cultural Events”;
Resolutions (filed by Mr. Morrissey) “recognizing John F. Bailey for his 30 years of outstanding and dedicated service to the Town of Abington’s St. Patrick’s Day Parade”;
Resolutions (filed by Mr. Pacheco) “memorializing Congress to commit to the goal of re-powering America with 100 percent clean electricity in the next 10 years”; and
Resolutions (filed by Messrs. Pacheco, Joyce, Kennedy and Morrissey and Ms. Murray) “congratulating Robert T. Joy on his retirement as Chairman of the Plymouth County Democratic League.”

PAPER FROM THE HOUSE.

The House Bill making appropriations for the fiscal year 2009 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 3415,— on the residue of House, No. 101),— was read.
There being no objection, the rules were suspended, on motion of Mr. Brewer, and the bill was read a second time.

Pending the question on ordering the bill to a third reading, Messrs. Tisei and Knapik moved that the bill be amended by inserting after section 20 the following section:—
“SECTION 20A. Not later than 30 days after the effective date of this act, the secretary of administration and finance shall direct the state comptroller to reduce those accounts funded by the General Fund in section 2 of chapter 182 of the acts of 2008 by 1 per cent, except those accounts that provide state matching funds for federal reimbursement or that provide local aid as distributed by section 3. The secretary shall notify the chair of the senate and house committees on ways and means committee and the comptroller, in writing, as to the accounts to be affected 10 days before the reductions are made pursuant to this section.”
After debate, the question on adoption of the amendment was determined by a call of the yeas and nays at sixteen minutes past four o’clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 9 — nays 28) [Yeas and Nays No. 16]:

YEAS.
Brown, Scott P. Moore, Richard T.
Hedlund, Robert L. O’Leary, Robert A.
Knapik, Michael R. Tarr, Bruce E.
Montigny, Mark C. Tisei, Richard R. — 9.
Moore, Michael O.
NAYS.
Baddour, Steven A. Eldridge, James B.
Berry, Frederick E. Fargo, Susan C.
Brewer, Stephen M. Flanagan, Jennifer L.
Buoniconti, Stephen J. Galluccio, Anthony D.
Candaras, Gale D. Hart, John A., Jr.
Chandler, Harriette L. Jehlen, Patricia D.
Chang-Diaz, Sonia Joyce, Brian A.
Downing, Benjamin B. Kennedy, Thomas P.
McGee, Thomas M. Rosenberg, Stanley C.
Menard, Joan M. Spilka, Karen E.
Morrissey, Michael W. Timilty, James E.
Pacheco, Marc R. Tolman, Steven A.
Panagiotakos, Steven C. Tucker, Susan C.
Petruccelli, Anthony Walsh, Marian — 28.

ABSENT OR NOT VOTING.
Creem, Cynthia Stone Donnelly, Kenneth J. — 2.

The yeas and nays having been completed at twenty-two minutes past four o’clock P.M., the amendment was rejected.
Messrs. Tisei and Knapik moved that the bill be amended by inserting after section 20 the following sections: —
“SECTION 20A. Notwithstanding any general or special law to the contrary, no department or agency of the commonwealth shall increase the compensation of any employee in excess of the employee’s compensation rate on the effective date of this section. Further, no department or agency of the commonwealth shall fill a current vacancy unless the vacancy is deemed critical to public safety and a letter to that effect is transmitted to the secretary of administration and finance before the hiring of a new employee.”; and by adding the following section:—
“SECTION 24. Section 20A shall expire on July 1, 2010.”
After debate, the question on adoption of the amendment was determined by a call of the yeas and nays at sixteen minutes before five o’clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 9 — nays 28) [Yeas and Nays No. 17]:

YEAS.
Brown, Scott P. Tarr, Bruce E.
Hedlund, Robert L. Timilty, James E.
Knapik, Michael R. Tisei, Richard R.
Montigny, Mark C. Tucker, Susan C. — 9.
O’Leary, Robert A.

NAYS.
Baddour, Steven A. Joyce, Brian A.
Berry, Frederick E. Kennedy, Thomas P.
Brewer, Stephen M. McGee, Thomas M.
Buoniconti, Stephen J. Menard, Joan M.
Candaras, Gale D. Moore, Michael O.
Chandler, Harriette L. Moore, Richard T.
Chang-Diaz, Sonia Morrissey, Michael W.
Downing, Benjamin B. Pacheco, Marc R.
Eldridge, James B. Panagiotakos, Steven C.
Fargo, Susan C. Petruccelli, Anthony
Flanagan, Jennifer L. Rosenberg, Stanley C.
Galluccio, Anthony D. Spilka, Karen E.
Hart, John A., Jr. Tolman, Steven A.
Jehlen, Patricia D. Walsh, Marian — 28.

ABSENT OR NOT VOTING.
Creem, Cynthia Stone Donnelly, Kenneth J. — 2.
The yeas and nays having been completed at eleven minutes before five o’clock P.M., the amendment was rejected.
After remarks, the bill was then ordered to a third reading and read a third time.
The question on passing the bill to be engrossed was determined by a call of the yeas and nays at four minutes before five o’clock P.M., on motion of Mr. Tisei as follows, to wit (yeas 37 — nays 0) [Yeas and Nays No. 18]:

YEAS.
Baddour, Steven A. McGee, Thomas M.
Berry, Frederick E. Menard, Joan M.
Brewer, Stephen M. Montigny, Mark C.
Brown, Scott P. Moore, Michael O.
Buoniconti, Stephen J. Moore, Richard T.
Candaras, Gale D. Morrissey, Michael W.
Chandler, Harriette L. O’Leary, Robert A.
Chang-Diaz, Sonia Pacheco, Marc R.
Downing, Benjamin B. Panagiotakos, Steven C.
Eldridge, James B. Petruccelli, Anthony
Fargo, Susan C. Rosenberg, Stanley C.
Flanagan, Jennifer L. Spilka, Karen E.
Galluccio, Anthony D. Tarr, Bruce E.
Hart, John A., Jr. Timilty, James E.
Hedlund, Robert L. Tisei, Richard R.
Jehlen, Patricia D. Tolman, Steven A.
Joyce, Brian A. Tucker, Susan C.
Kennedy, Thomas P. Walsh, Marian — 37.
Knapik, Michael R.

NAYS — 0.

ABSENT OR NOT VOTING.
Creem, Cynthia Stone Donnelly, Kenneth J. — 2.

The yeas and nays having been completed at one minute before five o’clock P.M., the bill was passed to be engrossed, in concurrence.

Recess.
There being no objection, at five o’clock P.M, the Chair (Mr. Rosenberg) declared a recess subject to the call of the Chair; and, at four minutes before six o’clock P.M., the Senate reassembled, Mr. Rosenberg in the Chair.

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted; Engrossed Bill Enacted.
An engrossed Bill making appropriations for the fiscal year 2009 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 3415), 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. Rosenberg) and sent to the House for enactment.
Subsequently, the bill, which originated in the House, 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. Rosenberg) 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 on Monday next at eleven o’clock A.M.

House Order.
The following House Order (approved by the committees on Rules of the two branches, acting concurrently) was considered forthwith, as follows, to wit:
Ordered, That, the Senate committee on Ethics and Rules, the House committee on Ethics and the joint committee on State Administration and Regulatory Oversight are hereby authorized to sit jointly for the purpose of hearing testimony on all bills referred to the committee on State Administration and Regulatory Oversight concerning lobbyists, the conduct of public officials and any other subjects concerning ethics; and be it further
Ordered, That, the message from His Excellency the Governor recommending legislation relative to improving laws relating to ethics and lobbying (House, No. 95), which had previously been referred to the temporary House committee on Ethics, shall be transferred to the committee on State Administration and Regulatory Oversight.
The order was adopted, in concurrence.

On motion Mr. Tarr, at ten minutes past six o’clock P.M., the Senate adjourned to meet again on Monday next at eleven o’clock A.M.