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, July 8, 2010.

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

The Senator from Plymouth and Norfolk, Mr. Hedlund, then led the Chair (Mr. Rosenberg), members, guests and employees in the recitation of the pledge of allegiance to the flag.

PAPERS FROM THE HOUSE.

A Bill establishing a sick leave bank for Maria Hudson, an employee of the Department of Revenue (House, No. 4797,-- amended,-- on petition),-- was read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills
Designating the State Transportation Library as the George M. Sanborn Library (House, No. 3266, amended,-- on petition); and
Relative to certain banking laws (House, No. 4341,-- on House, No. 1001);
Were severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Bills
Relative to the seawalls in the town of Duxbury (House, No. 4655,-- on petition) [Local approval received]; and
Authorizing the town of Amesbury to grant additional licenses for the sale of all alcoholic beverages (House, No. 4818,-- on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:-
Resolutions (filed by Mr. Richard T. Moore) “congratulating the town of Dudley on the occasion of the grand opening of the new Pearle L. Crawford Memorial Library.”

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
SENATE MAJORITY LEADER
STATE HOUSE, BOSTON 02133-1053
July 7, 2010
Mr. William Welch, Clerk
Massachusetts State Senate
State House, Room 334
Boston, MA 02133

Dear Mr. Clerk:

I was unable to vote on two matters during Senate deliberations on July 7, 2010. Had I been present, I would have taken the following votes:

• NO – Tisei Amendment to House, No. 4156
• YES – Enactment of Senate, No. 2154

I respectfully request that a copy of this letter be printed in the Senate Journal as part of the official record for July 7, 2010. Thank you in advance for your attention to this important matter.

Sincerely,
Frederick E. Berry
Majority Leader

On motion of Mr. Hedlund, the above communication was ordered printed in the Journal of the Senate.

Matter Taken Out of the Orders of the Day.

There being no objection, the following matter was taken out of the Orders of the Day and considered as follows:
The House Bill relative to the sewer service area for the town of Lunenburg (House, No. 4561),-- was read a third time.
Pending the question on passing the bill to be engrossed, Ms. Flanagan presented an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2529.
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 Committees.

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 Sonia Chang-Diaz and Elizabeth A. Malia for legislation to provide for the disposition of the Commonwealth owned land in the city of Boston.
The rules were suspended, on motion of Mr. Hedlund, 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

The Senate Bill to update public charities law (Senate, No. 2117, amended),-- came from the House passed to be engrossed, in concurrence, with an amendment striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 4726.
The rules were suspended, on motion of Mr. Hedlund, and the House amendment were considered forthwith and adopted, in concurrence.

Engrossed Bill Returned with Recommendation of Amendment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill relative to property tax exemptions for rental properties in the town of Wellfleet restricted as affordable housing (see House, No. 2852) [for message, see House, No. 4584],— came from the House with an amendment in the form approved by the committee on Bills in the Third Reading as follows:-
In section 1 (as engrossed) by striking out, in line 3, the words “occupants and rented in accordance with” and inserting in place thereof the words “households and rented for an amount not exceeding the fair market rents established by”, and, in line 4, by striking out the words “rental guidelines”; in section 2 (as engrossed) by striking out, in line 1, the words “Occupants of” and inserting in place thereof the words “Households leasing and occupying”, and by striking out the last sentence and inserting in place thereof the following sentence: “For the purpose of this act, low income households shall have an income less than 80 per cent of the town of Wellfleet median household income, as established by the United States Department of Housing and Urban Development for Barnstable Town Metropolitan Statistical Area and moderate income households shall have an income between 80 per cent and 120 per cent of the town of Wellfleet median household income as calculated on the basis of the same area median income statistic as determined by the United States Department of Housing and Urban Development published income guidelines, as calculated on the basis of the same area median income statistic.”;

By striking out section 3 (as engrossed) and inserting in place thereof the following section:

“SECTION 3. Maximum rents shall not exceed fair market rents established by the United States Department of Housing and Urban Development for the period commencing October l of the most recent year. Property owners shall submit to the town of Wellfleet or its agent information on the rents to be charged. Each year thereafter, on the first day of September, they shall submit information on annual rents charged and a signed lease to the town or its agent. Forms for this purpose shall be provided.”; and

In section 4 (as engrossed) by striking out, in line 10, the word “value” and inserting in place thereof the words “rent as determined by the United States Department of Housing and Urban Development. To be eligible for exemption, the housing unit shall be leased to a low or moderate income household at such rents for the entire fiscal year for which the exemption is sought.”.
The message was read; and, under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate subject to amendment and re-enactment.
The rules were suspended, on motion of Mr. Hedlund, and the Governor’s amendment was considered forthwith and adopted, in concurrence.
Sent to the House for re-enactment.

A petition (accompanied by bill, House, No. 4866) of Elizabeth A. Poirier and James E. Timilty for legislation relative to authorizing the Office of the Inspector General to establish a sick leave bank for John K. Ryan, an employee of said office,-- was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Service.

Engrossed Bill.

An engrossed Bill relative to the regulation of explosives (see Senate, No. 2468) (which originated in the Senate), 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. Rosenberg) 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 sixteen minutes past eleven o’clock A.M., the Senate adjourned to meet again on Monday next at eleven o’clock A.M.