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.

Monday, May 11, 2009.

Met at ten minutes past eleven o’clock A.M. (Ms. Spilka 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 (Ms. Spilka), members, guests and employees then recited the pledge of allegiance to the flag.

Communication.

A communication from the Honorable Eugene L. O’Flaherty, House Chairman of the Joint Committee on the Judiciary, acknowledging reporting mistakes relative to Representative James J. Dwyer’s dissenting on certain committee reports,— was placed on file.

Reports of Committees.

By Ms. Spilka, for the committee on Economic Development and Emerging Technologies, on a message from His Excellency the Governor (accompanied by bill, Senate, No. 2019), a Bill mobilizing economic recovery in Massachusetts (Senate, No. 2047); and
By Mr. McGee, for the committee on Public Service, on petition, a Bill establishing a sick leave bank for Nancy Morrison, an employee of the Department of Correction (Senate, No. 2048);
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 designating a certain bridge in the town of Barre as the Howard W. Dahart Memorial Bridge (Senate, No. 2034);
Read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

By Mr. Morrissey, for the committee on Consumer Protection and Professional Licensure, on petition, a Bill authorizing the town of Charlton to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises (Senate, No. 114) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Papers from the House.

A message from His Excellency the Governor recommending legislation relative to reducing firearm violence (House, No. 4102),— was referred, in concurrence, to the committee on the Judiciary.

A petition (accompanied by bill, House, No. 4104) of Timothy Madden and others (by vote of the town) relative to the historic district commission of the town of Falmouth,— was referred, in concurrence, to the committee on Municipalities and Regional Government.
A petition (accompanied by bill, House, No. 4105) of Timothy Madden and others (with the approval of the county commissioners) relative to authorizing government employers in the county of Dukes County to establish pooled other post-employment benefits trust funds,— was referred, in concurrence, to the committee on Public Service.
A petition (accompanied by bill, House, No. 4106) of Timothy Madden and Robert A. O’Leary (by vote of the town) relative to the Nantucket Islands land bank,— was referred, in concurrence, to the committee on Revenue.

A report of the committee on Financial Services, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 1028) of Jeffrey Sanchez and others for legislation improving asthma health care coverage and recommending that the same be referred to the committee on Public Health,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Joyce) “honoring Lawrence Joseph Barrett on his retirement from public service in the town of Stoughton”;
Resolutions (filed by Mr. Pacheco) “congratulating The Holy Ghost Society, Inc., of East Taunton on the occasion of its seventy-fifth anniversary”;
Resolutions (filed by Mr. Pacheco) “honoring Tyler John Molander upon his elevation to the rank of Eagle Scout”;
Resolutions (filed by Mr. Panagiotakos) “commending the National Fibromyalgia Association on its celebration of May 12, 2009, as Fibromyalgia Awareness Day in Massachusetts”;
Resolutions (filed by Mr. Rosenberg) “celebrating the one hundredth anniversary of the Ballets Russes”; and
Resolutions (filed by Messrs. Tolman and Brewer, Ms. Chandler, Messrs. Galluccio, Joyce, Kennedy, McGee, Richard T. Moore, O’Leary, Pacheco, Panagiotakos, Rosenberg, Tarr, Timilty and Tisei and Ms. Tucker) “honoring the victims of ‘The Great Hunger’ in Ireland.”

Orders Adopted.

On motion of Mr. Berry,—

Ordered, That conformably to the provisions of Article XLVIII (48) (as amended by Article LXXXI)(81) of the Amendments to the Constitution, a joint session of the two Houses be held on Wednesday, May 13, 2009, at one o’clock P.M., for the purpose of considering proposals for amendments to the Constitution.
Insofar as applicable, the special rules of procedure, in effect in the preceding General Court shall govern said joint session, and any further joint sessions called for the purpose of considering amendments to the Constitution.
Sent to the House for concurrence.

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 19, 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 15, 2009. 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. Tarr, and the order was considered forthwith and adopted.

Papers from the House.

A Bill relative to the Massachusetts Water Resources Authority (House, No. 4044, amended,— on petition),— was read.
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.

Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill relative to the Massachusetts Water Resources Authority (see House, No. 4044, 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 (Ms. Spilka) 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 (Ms. Spilka) and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Tarr,—

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