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, July 26, 2010.

Met at one minute past three o’clock P.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. Petruccelli), members, guests and employees then recited the pledge of allegiance.

Communication.

A communication from the Honorable Richard R. Tisei, Senate Minority Leader, announcing the appointment of Ms. Margo Chevers to the Special Commission established (pursuant to Section 1 of Chapter 176 of the Acts of 2008) relative to the status of grandparents raising grandchildren,-- was placed on file.

Report of a Committee.

By Ms. Jehlen, for the committee on Elder Affairs, on Senate, Nos. 305, 312, 320, 327 and 330, an Order relative to authorizing the joint committee on Elder Affairs to make an investigation and study of certain current Senate documents relative to elder issues (Senate, No. 2569);
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:-
Resolutions (filed by Messrs. Baddour and Tarr) “congratulating the United States Coast Guard on the occasion of its two hundred and twentieth anniversary”; and
Resolutions (filed by Messrs. O'Leary and Rosenberg, Ms. Spilka, Ms. Candaras, Ms. Fargo, Messrs. Kennedy, McGee, Richard T. Moore and Pacheco, and Ms. Jehlen) “celebrating the one hundredth anniversary of the dedication of the Pilgrim Monument.”

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 forthwith:

The House Bill establishing a road maintenance revolving fund in the town of Brewster (House, No. 4495),-- was read a third time and passed to be engrossed, in concurrence.

The House Bill relative to certain easements in the town of Andover (House, No. 4318),-- was read a third time and passed to be engrossed, in concurrence.

The House Bill relative to seawalls in the town of Duxbury (House, No. 4655),-- was read a third time and passed to be engrossed, in concurrence.

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 for the next session:
The Senate Bill clarifying warehousing (Senate, No. 1791).
There being no objection, the rules were suspended, on motion of Mr. Ross, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act clarifying the term ‘warehouser or other storage facility’”.
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 for the next session:
The Senate Bill to provide for the public inspection of records made or received by special State Police officers at educational institutions (Senate, No. 2487).
There being no objection, the rules were suspended, on motion of Mr. Ross, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act providing for the public inspection of records made or received by special State Police officers at educational institutions”.
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 for the next session:
The House Bill authorizing the Dukes County contributory retirement system to grant certain retirement benefits (House, No. 4174).
There being no objection, the rules were suspended, on motion of Ms. Fargo, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to the Peninsula Yacht Club (Senate, No. 2071),-- ought to pass.
There being no objection, the rules were suspended, on motion of Ms. Fargo, and the bill was read a second time.
Pending the question on ordering the bill to a third reading, Mr. Hart presented an amendment in section 1, by striking out, in lines 5 and 6, the words “, together with walkways and a docking facility, to be located in whole or in part” and inserting in place thereof the following words:- “or a floating barge secured by piles, together with walkways and a docking facility, to be located in whole or in part”.
The amendment was adopted.
The bill (Senate, No. 2071, amended) was then ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relating to the Medical Professional Mutual Insurance Company (Senate, No. 2385),-- ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tolman, and the bill was read a second time and ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to the creation of the fire prevention regulations appeals board (Senate, No. 983),-- ought to pass, with an amendment substituting a new draft entitled “An Act establishing the fire prevention regulations appeals board” (Senate, No. 2570).
There being no objection, the rules were suspended, on motion of Mr. Tolman, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2570) was then ordered to a third reading.

PAPERS FROM THE HOUSE

The Senate Bill authorizing governmental bodies to enter into contracts for the inspection, maintenance, repair or modification of water storage facilities (Senate, No. 2449, 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 of House document numbered 4881.
Senate Rule 36 was suspended, on motion of Mr. Tolman, and the House amendment was considered forthwith.

Mr. Pacheco moved that the Senate concur with the House amendment with a further amendment, in proposed section 64, by adding the following subsection:-
“(c) All subcontractors under the offer or shall maintain and participate in a bona fide apprentice training program as prescribed in sections 11H and 11I of chapter 23 for each trade or occupation with an apprentice training program and approved by the division of apprentice training in the department of labor and workforce development and shall abide by the apprentice-to-journeyman ratio for each such trade as prescribed in said chapter 23 while in the performance of the contract.”.
The further amendment was adopted.
The Senate then concurred in the House amendment, as amended.
Sent to the House for concurrence in the further amendment.

The Senate Bill to promote cost containment, transparency and efficiency in the provision of quality health insurance for individuals and small businesses (Senate, No. 2447, 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 of House document numbered 4924.
On motion of Ms. Fargo, the Senate NON-concurred in the House amendment and asked for a committee of conference on the disagreeing votes of the two branches; and Senators Montigny, Chandler and Knapik were appointed to the committee on the part of the Senate
The bill was returned to the House endorsed accordingly.

Engrossed Bill.

An engrossed Bill relative to qualified financial contracts (see House, No. 4399) (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.

Order Adopted.

On motion of Mr. Ross,

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

On motion of the same Senator, at twelve minutes past three o’clock P.M., the Senate adjourned to meet again tomorrow at two o’clock P.M.