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, May 6, 2010.

Met at one minute past one o’clock P.M. (Mr. Morrissey in the Chair).

Reports of a Committee.

By Mr. Richard T. Moore, for the committee on Health Care Financing, that the Senate Bill promoting routine HIV screening in the Commonwealth (Senate, No. 2342), -- ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2416) [Estimated cost – more than $100,000].
Read and, under Senate Rule 27, referred to the committee on Ways and Means

By Mr. Richard T. Moore, for the committee on Health Care Financing, that the Senate Bill concerning the right of persons receiving services from programs or facilities of the Department of Mental Health to daily access to fresh air and the outdoors (Senate, No. 2280), -- ought to pass, with an amendment substituting a new draft entitled “An Act concerning the abilities of persons receiving services from the Department of Mental Health” (Senate, No. 2415) [Estimated cost – $0].
Read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

By Mr. Richard T. Moore, for the committee on Health Care Financing, on Senate, No. 565 and House, No. 1089, a Bill relative to strengthening the DoN program (Senate, No. 2414) (Estimated cost – more than $100,000);
Read and, under Senate Rule 27, referred to the committee on Ways and Means

There being no objection, at two minutes past one o’clock P.M., the Chair (Mr. Morrissey) declared a recess subject to the call of the Chair; and, at twenty-nine minutes before three o’clock P.M, the Senate reassembled, the President in the Chair.

The President, 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 Mr. Richard T. Moore) “honoring Howard and Virginia Peterson for 73 years of dedicated leadership and support of scouting”; and
Resolutions (filed by Mr. Pacheco) “congratulating James W. Curtin, Jr. on the occasion of his elevation to the rank of Eagle Scout”; and
Resolutions (filed by Mr. Rosenberg) “commemorating the shared interest in economic development between the Commonwealth and the Russian Federation.”

Orders of the Day.

The Orders of the Day were considered, as follows:

The Senate Bill regulating certain insurance benefits for elected officials of the town of Newbury (Senate, No. 2096),-- was read a second time and ordered to a third reading. There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a third time and passed to be engrossed.
Sent to the House for concurrence.

Bills
Authorizing the town of Manchester-by-the-Sea to grant an easement on certain water protection land (House, No. 4304); and
Exempting the city of Springfield from certain provisions of the General Laws (House, No. 4316).
Were severally read a second time and ordered to a third reading.

The Senate Bill authorizing the Division of Capital Asset Management and Maintenance, in consultation with the Board of Trustees of the Essex Agricultural and Technical Institute, to convey a certain parcel of land in the town of Newbury (Senate, No. 2285, amended) (its title having been changed by the committee on Bills in the Third Reading),-- was read a time and passed to be engrossed.
Sent to the House for concurrence.

Matter Taken Out of the Orders of the Day.

There being no objection, the following matters were taken out of the Notice Section of the Calendar and considered, as follows:

The House Bill relative to the Historic Districts Commission of the town of Concord (House, No. 632),-- 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 Norwood to acquire a certain parcel of real estate from the Veterans of Foreign Wars, Norwood 2452, Inc. and to lease the same to the post and certain other veterans’ organizations (House, No. 4383) (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, Ms. Walsh moved that the bill be amended by inserting after the word “Laws”, in lines 1 and 5, the following words:- “, but subject to subsections (a), (b) and (g) of section 16 of said chapter 30B,”.
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.

Order Adopted.

Mr. Panagiotakos offered the following order:-

Ordered, That notwithstanding Senate Rule 7, Rule 27A, or any other rule to the contrary:
(1) The general appropriations bill as reported by the Committee on Ways and Means shall be placed in the Orders of the Day for Tuesday, May 25, 2009, for its second reading.
(2) All amendments to the bill shall be filed electronically in the office of the Clerk of the Senate by 12:00 noon on Friday, May 21, 2010. All such amendments shall be second-reading amendments, but further amendments in the third degree to such amendments shall be in order. The Clerk shall further specify the procedure and format for filing all amendments, consistent with this order.
(3) After the bill as amended is ordered to a third reading, it shall immediately be read a third time and the question shall then immediately be on passing it to be engrossed, and no amendments shall be in order at the third reading of the bill unless recommended by the committee on Bills in the Third Reading.
Under the rules, referred to the committee on Ethics and Rules.
Subsequently, Mr. Berry, for the said committee, reported, recommending that the order ought to be adopted.
The rules were suspended, on motion of Mr. Brewer, and the order was considered forthwith and adopted.

PAPERS FROM THE HOUSE.
Engrossed Bill—Land Taking for Conservation Etc.

An engrossed Bill authorizing the city of Methuen to lease a building to the Head Start Program of the Greater Lawrence Community Action Council (see House, No. 4261, amended) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,-- was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at twenty-four minutes before three o’clock P.M., as follows, to wit (yeas 33 - nays 0) [Yeas and Nays No. 231]:

INSERT ROLL CALL [231]

The yeas and nays having been completed at eighteen minutes before three o’clock P.M., the bill was passed to be enacted, two thirds of the members present having agreed to pass the same, and it was signed by the President and laid before the Governor for his approbation.

The following House Order (approved by the committees on Rules of the two branches, acting concurrently) was considered forthwith, as follows:

Ordered, That notwithstanding the provisions of Joint Rule 10, joint committees and the committees on Rules of the two branches, acting concurrently shall be granted until Tuesday, May 18, 2010, within which to report on all matters referred to them.
After remarks, Mr. Tisei moved that the vote on this matter be taken by a call of the yeas and nays; and this motion prevailed.
After debate and pending the call of the yeas and nays, previously moved by Mr. Tisei, on the question on adoption of the order, Mr. Tisei moved that the bill be laid on the table; and, in accordance with the provisions of Senate Rule 24, the consideration of the motion to lay on the table was postponed, without question, until the next session.

Report of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Thomas Troy (House, No. 4530),-- ought to pass with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2417; by striking out the emergency preamble and inserting in place thereof the following emergency preamble:-

“Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith a sick leave bank for a certain former employee of the department of correction, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”; and by striking out the title and inserting in place thereof the following title:-“An Act establishing a sick leave bank for Thomas Troy, a former employee of the department of correction.”
There being no objection, the rules were suspended, on motion of Mr. Hart, and the bill was read a second time and amended, as recommended by the committee on Ways and Means.
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.

Order Adopted.

On motion of Ms. Menard,--

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

At the request of the President, the members, guests and employees stood in a moment of silence and reflection to the memory of Sergeant Robert J. Barrett of Fall River.

Adjournment in Memory of Sergeant Robert J. Barrett

The Senator from Bristol and Plymouth, Ms. Menard, requested that when the Senate adjourns today, it adjourn in memory of Sergeant Robert J. Barrett of Fall River.

Sergeant Robert J. Barrett, age 20, was killed on April 19th by a suicide bomber while in Afghanistan.

Sergeant Barrett was a member of the Massachusetts National Guard, 101st Field Artillery Regiment of Fall River.

Sergeant Barrett completed his advance training at Fort Sill, Oklahoma before departing to Afghanistan last month.

He is survived by his young daughter Sophie Alexandra, his parents, Paul and Carlene Barrett of Fall River, and sister, Rebecca Barrett.

Before leaving for duty, Sergeant Barrett wrote the following poem:

“I volunteered to put my life on the line for freedom and country - for my fellow soldiers, for my little girl, for my weeping mother and father. I am going to a land where American freedom is just a dream, a hope, a slow reality. I am an American soldier.”

Accordingly, as a mark of respect to the memory of Sergeant Robert J. Barrett at eight minutes past three o’clock P.M., on motion of Ms. Menard, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.