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 27, 2010.

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

Reports of Committees.

By Ms. Candaras, for the committee on Children, Families and Persons with Disabilities, on Senate, Nos. 28, 61, 62, 79 and 81, an Order relative to authorizing the joint committee on Children, Families and Persons with Disabilities to make an investigation and study of certain current Senate documents relative to children, families and persons with disabilities (Senate, No. 2395);
By Mr. Buoniconti, for the committee on Financial Services, on Senate, Nos. 467, 508 and 510, an Order relative to authorizing the joint committee on Financial Services to make an investigation and study of certain current Senate documents relative to financial services (Senate, No. 2396);
By the same Senator, for the same committee, on Senate, Nos. 479, 484 and 486, on Order relative to authorizing the joint committee on Financial Services to make an investigation and study of certain current Senate documents relative to financial services (Senate, No. 2397);
By Mr. Joyce, for the committee on State Administration and Regulatory Oversight, on petition (accompanied by bill, Senate, No. 1412), an Order relative to authorizing the joint committee on State Administration and Regulatory Oversight to make an investigation and study of a certain current Senate document relative to state administration (Senate, No. 2398);
By Ms. Chang-Diaz, for the committee on Tourism, Arts and Cultural Development, on Senate, Nos. 1863 and 1871, an Order relative to authorizing the joint committee on Tourism, Arts and Cultural Development to make an investigation and study of certain current Senate documents relative to cultural issues (Senate, No. 2399);
By the same Senator, for the same committee, on Senate, Nos. 1865, 1867, 1868 and 1870, an Order relative to authorizing the joint committee on Tourism, Arts and Cultural Development to make an investigation and study of certain current Senate documents relative to the issues of tourism, arts and cultural development (Senate, No. 2400);
Severally referred, under Joint Rule 29, to the committee on Rules of the two branches acting concurrently.

PAPERS FROM THE HOUSE.

A Bill relative to municipal relief (House, No. 4631,-- on House, Nos. 31, 104, 1963, 1971, 1992 and 2005), -- was read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill relative to debt restructuring (House, No. 4617, amended-- on House, No. 4444, in part), -- was read and, under Senate Rule 26C, referred to the committee on Bonding, Capital Expenditures and State Assets.

There being no objection, at three minutes past eleven o’clock A.M., the Chair (Mr. Hart) declared a recess subject to the call of the Chair; and, at fourteen minutes past eleven o’clock A.M., the Senate reassembled, Mr. Hart in the Chair.

The Chair (Mr. Hart), members, guests and employees then recited 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 Messrs. Montigny, Baddour, Berry, Brewer, and Buoniconti, Ms. Candaras, Ms. Chandler, Ms. Chang-Diaz, Ms. Creem, Messrs. Donnelly, Downing, and Eldridge, Ms. Fargo, Ms. Flanagan, Messrs. Hart, and Hedlund, Ms. Jehlen, Messrs. Joyce, Kennedy, Knapik and McGee, Ms. Menard, Messrs. Richard T. Moore, Michael O. Moore and Morrissey, Ms. Murray, Messrs. O'Leary, Pacheco, Panagiotakos, Petruccelli and Rosenberg, Ms. Spilka, Messrs. Tarr, Timilty, Tisei and Tolman, Ms. Tucker and Ms. Walsh) “recognizing Multiple Sclerosis Week, May 1 to 7, 2010”;
Resolutions (filed by Mr. Pacheco) “congratulating Cameron James Foss on the occasion of his elevation to the rank of Eagle Scout”; and
Resolutions (filed by Mr. Tisei) “honoring Marcia S. Saltmarsh for her many years of service to the Massachusetts Republican Party.”

PAPER FROM THE HOUSE
Emergency Preamble Adopted.

An engrossed Bill designating the library at the Corrigan Mental Health Center in the city of Fall River as the Ralph A. Roberts Library (see House, No. 4364), 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. Hart) and sent to the House for enactment.

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 amending police appointments in the town of Dudley (Senate, No. 1146),-- 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.

The Senate Bill exempting the position of fire chief in the city of Gloucester from the civil service law (Senate, No. 2102),-- 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.

The House Bill relative to the Brewster Board of Water Commissioners (House, No. 4279),-- was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Reports of Committees.

Mr. Berry, for the committee on Ethics and Rules, to whom was referred the House Bill relative to liquor legal liability insurance (House, No. 947), reported that the following matter be placed in the Orders of the Day with a recommended amendment in section 1, by striking out, in line 3, the word “granted” and inserting in place thereof the following word:- “issued”; and by adding the following 3 sections:-

“SECTION 2. Said chapter 138 is hereby further amended by striking out section 64A and inserting in place thereof the following section:-

Section 64A. In any hearing by a licensing authority under the first paragraph of section 64 where a licensing authority finds that a licensee under section 12 has served or sold alcohol or alcoholic beverages either to a person under 21 years of age in violation of section 64 or to an intoxicated person in violation of section 69 within the 24 months immediately preceding the date of the alleged violation that is the subject of the hearing, the licensing authority may require, in addition to imposing any other sanctions, as a condition precedent to any modification, reinstatement or renewal of the license that the licensee provide a certificate of insurance for liquor liability providing security for the liability of the licensee to a limit of not less than $100,000 to any 1 person and $200,000 to all persons; provided, however, if the licensee is required to obtain insurance coverage under said section 12, then the licensing authority may increase the limits set by said section 12. Limits imposed or increased under this section shall be set at the discretion of the licensing authorities.

SECTION 3. The first sentence of the sixth paragraph of section 64B of said chapter 138, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- In any case in which a liquor liability insurance policy has been required or the limits of any such policy have been increased as a condition precedent to the modification, reinstatement or renewal of a license as provided in section 64A or section 67, a licensee shall disclose to the insurer that such policy has been required or such policy limits have been increased, shall provide to the liquor liability insurer the mailing address of the licensing authority and shall direct the insurer to include the licensing authority as a recipient of any notice which the insurer is required to issue to the licensee pursuant to chapter 175.

SECTION 4. The first sentence of the sixth paragraph of section 67 of said chapter 138, as so appearing, is hereby amended by adding the following words:- ; provided, however, that if the licensee is required to obtain insurance coverage under said section 12, then the licensing authority may increase the limits set by said section 12.”
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and was amended, as recommended by the committee on Ethics and Rules.
The bill, as amended, was then ordered to a third reading.

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 relative to certain nomination papers filed in the town of Millville (printed in House, No. 4583).
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, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act validating certain nomination papers filed in the town of Millville for the 2010 Annual Election.”

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to the estate of homestead (Senate, No, 1619),-- ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2401).
The rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2401) was then ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to the disposition of museum property (Senate, No, 1864),-- ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2402).
The rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2402) was then ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to antique barometers (Senate, No, 2262),-- ought to pass, with an amendment substituting a new draft entitled “An Act relative to the sale of antique barometers, thermometers and clocks” (Senate, No. 2403).
The rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2403) was then ordered to a third reading.

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 Stanley C. Rosenberg and Christopher J. Donelan for legislation to change the use of a certain parcel of land in the town of Greenfield.
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 State Administration and Regulatory Oversight.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE
Engrossed Bills.

The following engrossed bills (all of which originated in the House), 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. Hart) and laid before the Governor for his approbation, to wit:

Designating a certain bridge in the town of Clinton as the Arthur J. Mayou Memorial Bridge (see House, No. 3280);
Designating Route 20 in the town of Northborough as the John Davis Highway (see House, No. 4030); and
Designating a certain bridge in the town of Mansfield as the S/Sgt. Edward J. Pazsit USAAF Memorial Bridge (see House, No. 4338, changed).

Order Adopted.

On motion of Mr. Tarr,--

Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday next at one o’clock P.M., in a full formal session.

On motion of the same Senator, at a twenty-three past eleven o’clock P.M., the Senate adjourned to meet again on Thursday next at one o’clock P.M.