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.


Seal of the Commonwealth of Massachusetts


Thursday, April 9, 2009.

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

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

Distinguished Guests.

There being no objection, the Chair (Mr. Petruccelli) handed the gavel to Mr. Brown for the purpose of an introduction. Mr. Brown then introduced the Wellesley High School Boys Alpine Skiing Team. The team was recognized for being the 2009 State Champions. The Senate applauded their accomplishments and they withdrew from the Chamber.


A communication from the Honorable Richard R. Tisei, Senate Minority Leader, announcing the appointment of Senator Robert L. Hedlund to the Special Commission established (pursuant to Chapter 9 of the Resolves of 2008) relative to designating 1,000 great places in the Commonwealth, — was placed on file.

Report of a Committee.

Mr. Morrissey, for the committee on Consumer Protection and Professional Licensure, on petition, a Bill authorizing the town of Bellingham to grant additional licenses for the sale of alcohol. (Senate, No. 152) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.


The Clerk read the following communication:


April 9, 2009.

William Welch, Clerk
Massachusetts State Senate
State House, Room 335
Boston, MA 02133

Dear Mr. Clerk:

I was unable to attend the Senate session on April 8, 2009. Had I been present, I would have voted in favor of the following:

* Concurrence with a House amendment to Senate Bill, No. 2022, An Act Relative to an Appeal Process of Insurance Premium Surcharges Under Managed Competition.

I respectfully request that a copy of this letter be printed in the Senate Journal as part of the official record for April 8, 2009.
Thank you in advance for your attention to this important matter.

Frederick E. Berry,
Majority Leader.

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


On motion of Mr. Brown, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Brewer (accompanied by bill) of Stephen M. Brewer and Anne M. Gobi for legislation to designate a certain bridge in the town of Barre as the Howard W. Dahart Memorial Bridge,— and the same was referred to the committee on Transportation.
Sent to the House for concurrence.

Emergency Preamble Adopted.

An engrossed Bill relative to an appeal process of insurance premium surcharges under managed competition (see Senate, No. 2022, 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.

Engrossed Bills.

The following engrossed bills (the first 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. Petruccelli) and laid before the Governor for his approbation, to wit:
Relative to an appeal process of insurance premium surcharges under managed competition (see Senate, No. 2022, amended); and
Relative to the charter in the town of Auburn (see House, No. 4049).

Order Adopted.

On motion of Mr. Brown,—

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-seven minutes past eleven o’clock A.M., the Senate adjourned to meet again on Monday next at eleven o’clock A.M.