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UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the Commonwealth of Massachusetts

JOURNAL OF THE SENATE.

Monday, March 22, 2010.

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

Petitions.

Petitions were severally presented and referred, as follows:
By Mr. Downing, a petition (accompanied by bill, Senate, No. 2332) of Benjamin B. Downing and William Smitty Pignatelli ( with the approval of the town) for legislation exempting the position of chief of police of the town of Great Barrington from the provisions of civil service law. [Local approval received];
Under Senate Rule 20, to the committee on Public Service.
Sent to the House for concurrence.

By Mr. Panagiotakos (by request), a petition (subject to Joint Rule 12) of Frederick Doyle for legislation relative to municipal health insurance;
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 petition (accompanied by bill, Senate, No. 211), a Bill relative to the Essex North Shore Agricultural and Technical School (Senate, No. 2335);
By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 210), a Bill relative to ensuring the safety of children (Senate, No. 2337);
By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 298), a Bill to require public schools to ensure tuition for students attending Massachusetts recovery high schools (Senate, No. 2343); and
By Mr. Timilty, for the committee on Public Safety and Homeland Security, on petition (accompanied by bill, Senate, No. 976), a Bill relative to school bus safety (Senate, No. 2334);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Eldridge for the committee on Municipalities and Regional Government, on petition (accompanied by bill, Senate, No. 2064), a Bill amending the town of Winchendon’s town charter (Senate, No. 2333) [Local approval received on Senate, No. 2064]
Read and, under Senate Rule 26, placed on the Orders of the Day for the next session.

Committees Discharged.

Ms. Spilka, for the committee on Economic Development and Emerging Technologies, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 196) of John A. Hart, Jr., Scott P. Brown, Michael R. Knapik, Susan C. Fargo and other members of the General Court for legislation to establish a sales tax holiday,-- and recommending that the same be referred to the committee on Revenue;

Mr. Buoniconti, for the committee on Financial Services, reported, asking to be discharged from further consideration
Of the petition (accompanied by bill, Senate, No. 470) of Susan C. Fargo, Timothy J, Toomey, Jr., Karen E. Spilka and Benjamin Swan for legislation to establish the Massachusetts Childhood Vaccines Program and the Massachusetts Immunization Registry,-- and recommending that the same be referred to the committee on Health Care Financing; and

Of the petition (accompanied by bill, Senate, No. 474) of Patricia D. Jehlen, Martha M. Walz, Steven A. Tolman and Susan C. Fargo for legislation relative to establishing family and employment security through temporary disability insurance and family temporary disability insurance,— and recommending that the same be referred to the committee on Labor and Workforce Development; and

Mr. Timilty, for the committee on Public Safety and homeland Security, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 962) of Richard T. Moore, John V. Fernandes, James E. Timilty, Jennifer M. Callahan and other members of the General Court for legislation to promote business continuity and recovery after a disaster,-- and recommending that the same be referred to the committee on Health Care Financing;
Under Senate Rule 36, the reports were severally considered forthwith and accepted.
Severally sent to the House for concurrence.

Ms. Creem, for the committee on the Judiciary, asking to be discharged from further consideration
Of the petition (accompanied by resolve, Senate, No. 1685) of Benjamin B. Downing and Stanley C. Rosenberg for legislation to reimburse Chester Gorski; and

Of the petition (accompanied by bill, Senate, No. 1856) of Marian Walsh and Michael F. Rush a resolve in favor of William J. Gormley, III;

Of the petition (accompanied by bill, Senate, No. 1886) of Stephen M. Brewer, Todd M. Smola, Richard J. Ross, Bruce E. Tarr and other members of the General Court for legislation relative to placing the word "veteran" on any eligible driver's license;

Of the petition (accompanied by bill, Senate, No. 1891) of Stephen M. Brewer, James E. Timilty, Todd M. Smola Jennifer M. Callahan and other me,bers of the General Court for legislation to further regulate the sale of distinctive registration plates for veterans; and

Of the petition (accompanied by bill, Senate, No. 1905) of Cynthia Stone Creem for legislation relative to the penalties for drag racing;
And recommending that the same severally be referred to the Senate committee on Ways and Means.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.
Severally sent to the House for concurrence in the discharge to the joint committee.

PAPERS FROM THE HOUSE.

Bills
Authorizing the Southwick Zoo to erect certain signs (House, No. 3213,-- on petition); and
Designating a certain bridge in the town of Clinton as the Arthur J. Mayou Memorial Bridge (House, No. 3280,-- on petition);
Were severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules

Bills
Relative to special police officers in the town of Greenfield (House, No. 636,-- on petition) [Local approval received];
Exempting the Harbor and Shellfish Advisory Board of the town of Nantucket from certain conflicts of interest laws (House, No. 1126,-- on petition) [Local approval received]; and
Relative to the use of a parcel of land in the city of Woburn for recreational purposes (House, No. 4449,-- on petition) [Local approval received]
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

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

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

Taken From the Files.

There being no objection, at the request of Mr. Buoniconti, the Senate petition (accompanied by bill) of Stephen J. Buoniconti for legislation to establish the Union Station Development Corporation,— was taken from the files.
At the further request of the same Senator, the said petition was retransmitted to the Secretary of State under the provisions of Section 5 of Chapter 3 of the General Laws.

Matters Taken Out of the Orders of the Day.

The following matters were taken out of the Orders of the Day and considered, as follows:

The House Bill authorizing the town of Medway to continue the employment of Paul L. Trufant,--was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The House Bill authorizing the town of North Andover to grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises (House, No. 4189) (its title having been changed by the committee on Bills in the Third Reading),-- was read a third time and passed to be engrossed.

Reports 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 House Bill designating a certain bridge in the city of Fall River as the Louis Phillip Gagne Jr. Bridge (House, No. 4274).
There being no objection, the rules were suspended, on motion of Mr. Tisei and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

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 House Resolve providing for an investigation and study by a special commission relative to autism (House, No. 4382).
There being no objection, the rules were suspended, on motion of Mr. Tisei and the resolve was read a second time.
Pending the question on ordering the resolve to a third reading, Mr. Berry presented an amendment that the resolve be amended in the second paragraph, by striking out the words “on or before the last Wednesday of January 2010” and inserting in place thereof the following words:- “not later than January 26, 2011”.
The amendment was adopted.
The resolve, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

PAPERS FROM THE HOUSE
Emergency Preamble Adopted

An engrossed Bill authorizing the lease of land to yacht clubs (see House, No. 4346, 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. Petruccelli) and sent to the House for enactment

Petitions were severally referred, in concurrence, as follows, to wit:
Petition (accompanied by bill, House, No. 4576) of John H. Rogers for legislation to establish a sick leave bank for Stephen R. Fratalia, an employee of the Department of Probation; and

Petition (accompanied by bill, House, No, 4577) of Christopher G. Fallon, Paul J. Donato and Stephen Stat Smith for legislation to establish a sick leave bank for Stephanie Savini, an employee of the Department of the Trial Court
Under suspension of Joint Rule 12, to the committee on the Judiciary.

Petition (accompanied by bill, House, No. 4573) of Todd M. Smola, Stephen M. Brewer and Anne M. Gobi for legislation to establish a sick leave bank for Frances Bonnayer, an employee of the Department of Transportation;

Petition (accompanied by bill, House, No. 4574) of Stephen Kulik and Benjamin B. Downing for legislation to establish a sick leave bank for Judith R. Abraham, an employee of the Department of Developmental Services; and

Petition (accompanied by bill, House, No. 4575) of Paul K. Frost and Michael O. Moore for legislation to establish a sick leave bank for Meridyth L. Reith, an employee of the Department of Environmental Protection.
Under suspension of Joint Rule 12, to the committee on Public Service.

Order Adopted.

On motion of Mr. Tisei,—

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at eleven o’clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

Adjournment in Memory of Former House Clerk Wallace C. Mills

The Senator from Norfolk and Plymouth, Mr. Morrissey, requested that when the Senate adjourns today, it adjourn in memory of former House Clerk Wallace C. Mills of Abington.

Wallace C. Mills, age 90, a retired Clerk of the Massachusetts House of Representatives passed away at the Brockton Hospital on Tuesday March 17, 2010. Wally is survived by his wife, Gertrude (Christian) Mills, his daughter Janet Parsons of Brockton, his step-daughter Linda Boothby of Florida, his sister Marjorie Wilson of Hingham, his brother Warren Mills of Milton, grandchildren, nieces and nephews and 1 great grandson. Wally Mills retired after 35 years as clerk of the Massachusetts House of Representatives in 1983. He was born in New Brunswick, Canada, lived for many years in Quincy and Milton before moving to Abington 45 years ago. Wally Mills graduated from Quincy High School in 1936 and Burdett Business School in 1938. Wally served his country in the Marine Corps during World War II. He was a great lover of horses and until recently kept a stable on his land in Abington.

Accordingly, as a mark of respect to the memory of former House Clerk Wallace C. Mills, at eight minutes past twelve o’clock P.M., on motion of Mr. Tisei, the Senate adjourned to meet again tomorrow at eleven o’clock A.M.