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.

Thursday, April 22, 2010.

Met according to adjournment at 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. Tolman), members, guests and employees then recited the pledge of allegiance to the flag.

Distinguished Guests.

There being no objection, the Chair (Mr. Petruccelli) introduced a group of visitors from Australia. President Robert Smith is the President of the Victorian Legislative Council. He has been a member of the Council since 1999 and was elected as the 19th president on December 19, 2006. He was accompanied by Wayne Tunnecliffe, Clerk of the Legislative Council and Anna Jurkiewicz, Executive Assistant to the President. President Smith addressed the Senate from the rostrum, and along with Mr. Tunnecliffe, signed the guest book and they all withdrew from the Chamber. They were guests of Senator Murray.

Petition.

Mr. Rosenberg presented a petition (accompanied by bill, Senate, No. 2387) of Stanley C. Rosenberg (by vote of the town) for legislation to authorize the town of Erving to establish an other post employment benefits trust fund [Local approval received];
Under Senate Rule 20, referred to the committee on Municipalities and Regional Government.
Sent to the House for concurrence.

Reports of Committees.

By Mr. McGee, for the committee on Public Service, on petition, a Bill establishing a sick leave bank for John Gendreau, an employee of the department of revenue (Senate, No. 2378);
By Mr. Baddour, for the committee on Transportation, on petition, a Bill relative to drivers’ education in public high schools (Senate, No. 1945);
By the same Senator, for the same committee, on Senate, Nos. 1965 and 2018, a Bill verifying the effectiveness of flagmen (Senate, No. 1965);
By the same Senator, for the same committee, on petition, a Bill relative to the expansion of charitable license plates (Senate, No. 1968);
By the same Senator, for the same committee, on petition, a Bill to provide for the issuance of a distinctive registration plate for congenital heart defects research and treatment (Senate, No. 1969);
By the same Senator, for the same committee, on petition, a Bill providing for a distinctive registration plate for firefighters (Senate, No. 1970);
By the same Senator, for the same committee, on petition, a Bill providing for a distinctive registration plate for Olympians (Senate, No. 1974);
By the same Senator, for the same committee, on petition, a Bill relative to disabled veterans’ motor vehicle plates (Senate, No. 1979); and
By the same Senator, for the same committee, on petition, a Bill providing auto insurance special investigators with access to registry of motor vehicle photographs (Senate, No. 1989);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Baddour. for the committee on Transportation, on petition, a Bill relative to identification cards (Senate, No. 1880);
By the same Senator, for the same committee, on petition, a Bill relative to parking for handicapped and disabled veterans (Senate, No. 1903); and
By the same Senator, for the same committee, on petition, a Bill relative to the transfer of boat registration between family members (Senate, No. 1941);
Severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

By Mr. Baddour, for the committee on Transportation, ought NOT to pass:
On the petition (accompanied by bill, Senate, No. 1956) of Anthony W. Petruccelli, Thomas M. McGee and Carlo P. Basile for legislation to finance the Commonwealth’s transportation infrastructure; and
On the petition (accompanied by bill, Senate, No.1963) of Karen E. Spilka, Thomas M. McGee, Tom Sannicandro, David P. Linsky, Thomas P. Conroy and other members of the General Court for legislation to establish funding for existing transportation systems in the Commonwealth;
Severally referred, under Senate Rule 36, to the committee on Ethics and Rules.

Committees Discharged

Mr. Berry, for the committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration of the Senate 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),-- and recommending that the same be referred to the Senate committee on Ethics and Rules.
Under Senate Rule 36, the report was considered forthwith and accepted.

Mr. Berry, for the committee on Ethics and Rules, to whom was referred the Senate Order relative to authorizing the joint committee on Transportation to make an investigation and study of certain current Senate documents (Senate, No. 2386), reported, in part, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 1917) of John A. Hart, Jr. for legislation relative to the South Boston bypass road,-- and recommending that the same be recommitted to the committee on Transportation.
Under Senate Rule 36, the report was severally considered forthwith and accepted.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:-
Resolutions (filed by Ms. Creem) “honoring Myra Thim Tattenbaum for her many outstanding contributions to the Newton community”;
Resolutions (filed by Mr. Hedlund) “congratulating Dennis Michael Thompson on the occasion of his retirement”;
Resolutions (filed by Mr. Tolman) “honoring Armenian Independent Broadcasting of Boston for 30 years of Armenian radio”;
Resolutions (filed by Mr. Tolman) “honoring Dr. Gerdes Fleurant and Ms. Florienne M. Saintil for their decades of tireless work on behalf of Haitian community”; and
Resolutions (filed by Mr. Tolman) “honoring Daniel Varoujan Hejinian for his lifelong efforts to promote peace through his works of art.”

PAPER FROM THE HOUSE

Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for John Phelan, an employee of the Massachusetts Department of Transportation (see Senate, No. 2350), 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.

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:
The Senate Resolve reviving and continuing the special commission on civic engagement and learning (Senate, No. 2277).
There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the resolve was read a second time, ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

Mr. Berry, for the committee on Ethics and Rules, reported that the following matter be placed in the Orders of the Day:
The House Bill designating a certain bridge in the town of Clinton as the Arthur J. Mayou Memorial Bridge (House, No. 3280).
There being no objection, the rules were suspended, on motion of Mr. Hedlund, 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:
The House Bill designating Route 20 in the town of Northborough as the John Davis Highway (House, No. 4030).
There being no objection, the rules were suspended, on motion of Mr. Hedlund, 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

Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Stephanie Savini, an employee of the Trial Court (see House, No. 4577), 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 3 to 0.
The bill was signed by the Acting President (Mr. Petruccelli) and sent to the House for enactment.

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 House Bill designating a certain bridge in the town of Mansfield in honor of Staff Sergeant Edward Joseph Pazsit (House, No. 4338).
There being no objection, the rules were suspended, on motion of Mr. Hart, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence, it title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act designating a certain bridge in the town of Mansfield as the S/Sgt. Edward J. Pazsit USAAF Memorial Bridge”.

Mr. Berry, for the committee on Ethics and Rules, reported that the following matter be placed in the Orders of the Day:
The House Bill designating the inpatient library at the Corrigan Mental Health Center in the city of Fall River as the Ralph A. Roberts Library (House, No. 4364).
There being no objection, the rules were suspended, on motion of Mr. Hart, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence, it title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act designating the library at the Corrigan Mental Health in the city of Fall River as the Ralph A. Roberts Library”.

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 Frederick E. Berry for legislation to redefine warehouse clubs;
The rules were suspended, on motion of Mr. Hart, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred 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 John A. Hart, Jr. for legislation to designate a playground at the Marine Park in South Boston as the Michael Joyce Memorial Playground.
The rules were suspended, on motion of Mr. Hart, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on State Administration and Regulatory Oversight.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE

Engrossed Bills.

The following engrossed bills (the first of two 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:
Establishing a sick leave bank for John Phelan, an employee of the Massachusetts Department of Transportation (see Senate, No. 2350);
Providing a tax exemption for certain qualifying real estate in the town of Hamilton (see Senate, No. 2085);
Designating a certain intersection in the town of Stoughton as the Police Chief William F. Gross and Ann M. Gross Intersection (see House, No. 4370);
Designating a certain road in the town of Salisbury as the Army Sergeant Jordan Michael Shay Memorial Drive (see House, No. 4412, amended); and
Establishing a sick leave bank for Judith R. Abraham, an employee of the Department of Developmental Services (see House, No. 4574, amended).

Recess.
There being no objection, at twenty-six minutes before twelve o’clock noon, the Chair (Mr. Petruccelli) declared a recess subject to the call of the Chair; and, at seventeen minutes before two o’clock P.M., the Senate reassembled, Mr. Petruccelli in the Chair.

PAPER FROM THE HOUSE.

The House Bill making appropriations for the fiscal year 2010 to provide for supplementing certain existing appropriations and for certain other activities (House, No. 4626, published as amended, -- on Senate Bill, No. 2370, in part),-- was read.
There being no objection, the rules were suspended, on motion of Mr. Hedlund and the bill was read a second time.
Pending the question on ordering the bill to a third reading, Mr. Panagiotakos presented an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2390.
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 Senate Bill designating the East Brookfield District Courthouse as the Francis H. George Courthouse (Senate, No. 1575).
There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

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 Stephen M. Brewer and Christopher J. Donelan for legislation to authorize the Department of Fish and Game to acquire land and to acquire a conservation restriction on lands of the town of Athol in exchange for grants of easements to the town of Athol.
The rules were suspended, on motion of Mr. Hart, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on State Administration and Regulatory Oversight.
Sent to the House for concurrence.

PAPER FROM THE HOUSE.

Engrossed Bill.
An engrossed Bill establishing a sick leave bank for Stephanie Savini, an employee of the Trial Court (see House, No. 4577) (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. Petruccelli) and laid before the Governor for his approbation.

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

PAPERS FROM THE HOUSE

The House Bill making appropriations for the fiscal year 2010 to provide for supplementing certain existing appropriations and for certain other activities (House, No. 4626, published as amended) came from the House with the endorsement that the House had concurred in the Senate amendment with a further amendment striking out all after the enacting clause and inserting in place thereof the text of House document numbered 4627.
There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the Senate concurred with the further House amendment.

Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill making appropriations for the fiscal year 2010 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 4626, published as amended, 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.
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. Petruccelli) and laid before the Governor for his approbation.

Order Adopted.

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