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.

Tuesday, April 20, 2010.

Met at one minute past eleven o’clock A.M. (Mr. Petruccelli in the Chair).

Distinguished Guests.

There being no objection, the Chair (Mr. Petruccelli) handed the gavel to Mr. Timilty for the purpose of an introduction. Mr. Timilty then introduced in the rear of the Chamber, Terri DiGiovanni and her son Andrew, Kristin and Brad Brooks and their two children, Abbey and Aidan. The group was on a tour of the State House learning about the different aspects of state government. The Senate welcomed them with applause and they withdrew from the Chamber.

Communication.

A communication from the Division of Administrative Law Appeals (under the provisions of section 3B of Chapter 7 of the General Laws) submitting notice of proposed amendments to the fee regulations and amendments to the standard adjudicatory rules of practice and procedure (copies of which have been transmitted to the Senate committee on Ways and Means),-- was placed on file.

Petitions.

Petitions were severally presented and referred, as follows:
By Ms. Chang-Diaz, (by request), a petition (subject to Joint Rule 12) of Diane Van Der Meer for legislation relative to homeowners insurance coverage and toxic drywall; and
By Ms. Creem, (subject to Joint Rule 12) of Cynthia Stone Creem for legislation to enhance reporting requirements for candidates and committees;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Mr. Baddour, for the committee on Transportation, on Senate, Nos. 1893, 1897, 1898, 1900, 1904, 1917, 1918, 1926, 1932, 1936, 1946, 1958 and 1960, an Order relative to authorizing the joint committee on Transportation to make an investigation and study of certain current Senate documents relative to transportation (Senate, No. 2386);
Referred, under Joint Rule 29, to the committee on Rules of the two branches acting concurrently.
By Mr. McGee, for the committee on Public Service, on petition, a Bill improving the health of GIC population and reducing the cost of health care (Senate, No. 1180); and
By the same Senator, for the same committee, on petition, a Bill relative to the contraction of MRSA by public safety personnel (Senate, No. 1201);
Severally referred, under Joint Rule 1E, to the committee on Health Care Financing.
By Mr. McGee, for the committee on Public Service, on petition, a Bill relative to civil service hearings (Senate, No. 1007);
By the same Senator, for the same committee, on petition, a Bill providing that the teachers’ retirement board include certain compensation in determining a certain person (Senate, No. 1032);
By the same Senator, for the same committee, on petition, a Bill to eliminate the waiting period for insurance coverage for seasonal employees of the Commonwealth re-hired (Senate, No. 1053);
By the same Senator, for the same committee, on petition, a Bill authorizing the State Board of Retirement to grant creditable service to Kelly Kearns Aveni (Senate, No. 1062);
By the same Senator for the same committee, on petition, a Bill relative to age restrictions for veterans applying to be police officers and firefighters (Senate, No. 1065);
By the same Senator, for the same committee, on petition, a Bill further regulating certain public employees creditable retirement service time for active service in the Armed Forces (Senate, No. 1141); and
By the same Senator, for the same committee on petition, a Bill adjusting the pension wages of Robert B. Noonan (Senate, No. 1193);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. McGee. for the committee on Public Service, on petition, a Bill exempting active duty military personnel from the civil service physical fitness test (Senate, No. 1005);
Read and, under Senate Rule 26, referred to the committees on Ethics and Rules.

By Mr. McGee, for the committee on Public Service, on petition, a Bill amending police appointments in the town of Dudley (Senate, No. 1146) [Local approval received];
By the same Senator, for the same committee, on petition, a Bill regulating certain insurance benefits for elected officials in the town of Newbury (Senate, No. 2096) [Local approval received]; and
By the same Senator, for the same committee, on petition, a Bill exempting the position of fire chief in the city of Gloucester from the civil service law (Senate, No. 2102) [Local approval received];
Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Committee Discharged.

Mr. Berry, for the committee on Ethics and Rules, to whom was referred the Senate Order relative to authorizing the joint committee on Labor and Workforce Development to make an investigation and study of certain current Senate documents (Senate, No. 2379), reported, in part, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 717) of James E. Timilty, Francis X. Callahan, Jr., Martin J. Walsh, Marc R. Pacheco, Steven J. D’Amico and other members of the General Court for legislation expediting appeals of wage violations,-- and recommending that the same be recommitted to the committee on Labor and Workforce Development.
Under Senate Rule 36, the report was severally considered forthwith and accepted.

PAPERS FROM THE HOUSE

Bills
Establishing a sick leave bank for Sarah F. Bowler, an employee of the Department of Children and Families (House, No. 4611, amended,-- on petition); and
Establishing expanded gaming in the Commonwealth (House, No. 4619,-- on Senate, Nos. 174, 2038, 2039, 2040, 2042 and House, Nos. 330, 334, 640, 4063, 4064, 4065, 4067, 4069, 4081 and 4082);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill designating a portion of Route 2 as the Dennis Rindone Roadway (House, No. 1889,-- on petition),-- was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:--
Resolutions (filed by Mr. Eldridge) “congratulating Indian Hill Music for 25 years of teaching and playing music for the citizens of the Nashoba and Merrimack Valleys;

Resolutions (filed by Ms. Murray and Mr. O’Leary) “congratulating Sidney L. Chase on the occasion of his retirement”; and

Resolutions (filed by Mr. O’Leary) “congratulating Sean Michael Mahoney on the occasion of his elevation to the rank of Eagle Scout.”

Matters Taken Out of the Orders of the Day.

There being no objection, the following matters were taken out of the Orders of the Day and considered as follows:
The Senate Bill relative to property taxes in the town of Carver (Senate, No. 2144),-- was read a third time and passed to be engrossed.
Sent to the House for concurrence.

The House Bill exempting non-public safety employees from the civil service laws (House, No. 4198) (its title having been changed by the committee on Bills in the Third Reading),-- was read a third time.
Pending the question on passing the bill to be engrossed, in concurrence, Ms. Creem presented an amendment adding the following section:-

“SECTION 2. The provisions of section 1 shall not impair the civil service status of any person holding a position in the town of Brookline, including its school department, on the effective date of this act.”
The amendment was adopted.
The bill, as amended, was then passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

Report of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Stephanie Savini, an employee of the Trial Court (House, No. 4577),-- ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

PAPER FROM THE HOUSE

A Bill relative to the town of Yarmouth charter (House, No. 4175,-- on petition) [Local approval received],--was read.
There being no objection, the rules were suspended on the motion, of Mr. Tarr, and the bill was read a second time.

Pending the question on ordering the bill to a third reading, Mr. O’Leary presented an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2388; and by striking out the title and inserting in place thereof the following title:-- “An Act amending the town of Yarmouth home rule charter”.
The amendment was adopted.
The bill, 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.

Reports of Committees.

Mr. Berry, for the committee on Ethics and Rules, reported that the following matter be placed in the Orders of the Day:
The report of the committee on the Judiciary, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1777) of Charles A. Antonnelli for legislation relative to the civil rights of certain medical procedures.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the report was considered forthwith and accepted.

The following report was laid before the Senate, the time within which the said committee was required to report having expired:---
Of the committee on Consumer Protection and Professional Licensure, ought NOT to pass (under Joint Rule 10), on the petition (accompanied by bill, Senate, No. 153) of Michael W. Morrissey for legislation relative to the certification of drain cleaners.
On motion of Mr. Tarr, the rules were suspended; and, on further motion of the same Senator, the petition was recommitted to the committee on Consumer Protection and Professional Licensure.

By Mr. Berry, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Marian Walsh for legislation to establish a sick leave bank for James E. Munchbach, an employee of the Trial Court.

The rules were suspended, on motion of Mr. Tarr, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on the Judiciary.

By Mr. Berry, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Anthony Petruccelli for legislation relative to landfill gas.
The rules were suspended, on motion of Mr. Tarr, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Telecommunications, Utilities and Energy.
Severally sent to the House for concurrence.

Order Adopted.

On motion of Mr. Tarr,--

Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday 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 eighteen minutes past eleven o’clock A.M., the Senate adjourned to meet again on Thursday next at eleven o’clock A.M.