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.

Saturday, July 31, 2010.
[being a continuation of the session of Wednesday, July 28, 2010.]

Met at eleven o’clock A.M. (Mr. Tisei in the Chair).

 

There being no objection at one minute past eleven o’clock A.M., the Chair (Mr. Tisei) declared a recess subject to the call of the Chair; and, at eight minutes past one 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.
Report of a Committee of Conference.
Mr. Montigny, for the committee of conference, to whom was referred the matters of difference between the two branches with reference to the House amendments to 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 by the House by striking out all after the enacting clause and inserting in place thereof the text of House document numbered 4924”), reported, a “Bill to promote cost containment, transparency and efficiency in the provision of quality health insurance for individuals and small businesses” (Senate, No. 2585).
The rules were suspended, on motion of Mr. Montigny, and the report was considered forthwith.
After remarks, the question on accepting the report of the committee of conference was determined by a call of the yeas and nays, at twelve minutes before two o’clock P.M., on motion of Mr. Montigny, as follows, to wit (yeas 40 – nays 0) [Yeas and Nays No. 380]:
INSERT ROLL CALL “380”
The yeas and nays having been completed at two minutes before two o’clock P.M., the report of the committee of conference was accepted.
Sent to the House for concurrence.
PAPERS FROM THE HOUSE.
A Bill authorizing the city of Gardner to convey certain land under the control of the Gardner Conservation Commission (printed in House, No. 4949,-- being a message from his Excellency the Governor),-- was read.
There being no objection, the rules were suspended, on motion of Ms. Flanagan, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

A Resolve relative to a special commission on seafood marketing (House, No. 4872, amended-- on House, No. 706),-- was read.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the resolve was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

A Bill authorizing a ground lease of land owned by the Department of Conservation and Recreation for conservation and recreation purposes in the town of Hingham (House, No. 4823, amended,--- on House, No. 4757),-- was read.
There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

A Bill authorizing the leasing of land in Grafton to the United States Department of Labor and authorizing the conveyance or lease of surplus state-owned properties (House, No. 4892, amended,-- on House, No. 4780),-- was read.
There being no objection, the rules were suspended, on motion of Mr. Michael O. Moore, 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 Thirds Reading to read as follows: “An Act authorizing the lease of a certain parcel of land in the town of Grafton to the United States Department of Labor and authorizing the conveyance or lease of certain surplus state-owned properties”.

A Bill authorizing the Division of Capital Asset Management and Maintenance to lease certain Nantasket Beach reservation buildings and park land in the town of Hull for development purposes (House, No. 4932,- on House, No. 3666),-- was read.
There being no objection, the rules were suspended, on motion of Mr. Hedlund, 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 Preambles Adopted
An engrossed Bill releasing certain land in the town of Brimfield from an agricultural preservation restriction (see Senate, No. 2221), 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 9 to 0.
The bill was signed by the President and sent to the House for enactment.

An engrossed Bill authorizing the Commonwealth to convey a certain parcel of land in the town of Dartmouth (see Senate, No. 2553), 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 5 to 0.
The bill was signed by the President and sent to the House for enactment.

An engrossed Bill relative to national heritage areas (see House, No. 4492, 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 6 to 0.
The bill was signed by the President and sent to the House for enactment.
Engrossed Bills.
The following engrossed bills (the first three of which originated in the Senate), 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 President and laid before the Governor for his approbation, to wit:

Relative to limiting certain types of dual alcohol licensure (see Senate, No. 169, amended);
Relative to credit union shares and deposits (see Senate, No. 468);
Authorizing governmental bodies to enter into contracts for the inspection, maintenance, repair or modification of water storage facilities (see Senate, No. 2449, amended);
Establishing the center pond restoration and protection district in the town of Becket (see House, No. 3701, amended);
Relative to pension divestment from certain companies that invest in the Republic of Iran (see House, No. 4297, amended);
Prohibiting the use of novelty lighters (see House, No. 4369, amended);
Authorizing the city known as the town of Amesbury to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises (see House, No. 4818, amended);
Directing the State Secretary to place the office of selectmen on the state election ballot in the town of Mendon (see House, No. 4849, amended); and
Adding safeguards to the prescription monitoring program and further substance abuse education and prevention (see House, No. 4879, amended).
Reports of a Committee.
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 relative to scrap metal dealers (House, No. 328) (the committee on Ethics and Rules recommending that the bill be amended by striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2586).
There being no objection, the rules were suspended, on motion of Mr. Timilty, 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, read a third time and passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

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 relative to the licensure of health plans (House, No. 971).
There being no objection, the rules were suspended, on motion of Mr. Richard T. Moore, and the bill was read a second time, and after remarks, was 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 relative to the licensure of certain health plans”.
PAPERS FROM THE HOUSE

Engrossed Bills—Land Takings for Conservation Etc.
An engrossed Bill authorizing the town of Brewster to use certain town-owned land for general town purposes, including renewable energy projects (see House, No. 4450, 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 eighteen minutes past two o’clock P.M., as follows, to wit (yeas 39 - nays 0) [Yeas and Nays No. 381]:
Yeas:- 39
INSERT ROLL CALL [381]
Nays:- 0
The yeas and nays having been completed at twenty-two minutes past two 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.

An engrossed Bill providing an easement for affordable senior apartments in the town of Harvard (see House, No. 4850, 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-three minutes past two o’clock P.M., as follows, to wit (yeas 39 - nays 0) [Yeas and Nays No. 382]:
Yeas:- 39
INSERT ROLL CALL [382]
Nays:- 0
The yeas and nays having been completed at twenty-five minutes past two 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.

 

Reports of a Committee.
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 relative to affiliate transfers (House, No. 959).
There being no objection, the rules were suspended, on motion of Mr. Buoniconti, 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 further regulating nonrenewal notices relative to motor vehicle liability insurance and fire insurance”.

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 making technical corrections in the law relative to discharge of certain mortgages (House, No. 996).
There being no objection, the rules were suspended, on motion of Mr. Buoniconti, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in 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 relative to manslaughter (House, No. 1614) (the committee on Ethics and Rules recommending that the bill be amended by striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2587).
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.
After remarks, 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.

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 designating a certain bike path in the town of Millbury as the Honorable Richard Dwinell Memorial Blackstone Valley Bike Path (House, No. 3218) (the committee on Ethics and Rules recommending that the bill be amended by striking out all after the enacting clause and inserting in place thereof the following text:-
“The access area servicing the portion of the Blackstone Valley bike path in the town of Millbury, located at North Main street shall be designated and known as the Honorable Richard J. Dwinell Memorial Blackstone Valley Bike Path Access Area, in honor of former state representative Richard J. Dwinell’s public service to both the commonwealth and the town of Millbury. The Massachusetts Department of Transportation shall erect and maintain suitable markers bearing the designation in compliance with the standards of the department.”).
There being no objection, the rules were suspended, on motion of Mr. Michael O. Moore, 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, read a third time and passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

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 relative to the maximum storage charges on motor vehicles involuntarily towed (House, No. 4171).
There being no objection, the rules were suspended, on motion of Mr. Richard T. Moore, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in 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 relative to inhalant abuse (House, No. 4254).
There being no objection, the rules were suspended, on motion of Ms. Flanagan, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in 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 eliminating the word “retardation” from the general laws. (House, No. 4922).
There being no objection, the rules were suspended, on motion of Ms. Candaras, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.
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 House Bill promoting fairness in private construction contracts. (House, No. 4721),-- was ordered to a third reading and, after remarks, was read a third time and passed to be engrossed, in concurrence, with the amendment previously adopted by the Senate.
Sent to the House for concurrence in the amendment.

The House Bill relative to the composition of the licensing board for the city of Pittsfield (House, No. 4682),-- was read a third time.
Pending the question on passing the bill to be engrossed, Mr. Downing moved that the bill be amended by striking out all after the enacting clause and inserting in place thereof the following text:-
“SECTION 1. Notwithstanding the provisions of section 4 of chapter 138 of the General Laws relative to the number of members that may be appointed to a municipal licensing board to the contrary, the licensing board of the city of Pittsfield shall consist of 5 members to be appointed by the mayor, subject to confirmation by the city council. Each member shall be appointed to serve for a term of 3 years and until his successor is chosen and qualified.
SECTION 2. On the effective date of this act, the mayor, subject to confirmation by the city council, shall appoint 2 persons to serve as members of the licensing board, 1 of whom shall serve for a term of 1 year and 1 of whom shall serve for a term of 2 years. Upon the expiration of such initial 1- and 2-year terms appointed pursuant to this section, successor appointees shall serve for a term of 3 years.
SECTION 3. Those persons serving as members of the licensing board on the effective date of this act shall continue to serve as members thereof for a period of 3 years or until the expiration of their term, whichever period is shorter.”
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.

The House Bill establishing the Lincoln Park Improvement District in the town of Dartmouth (House, No. 4883),-- was read a third time.
Pending the question on passing the bill to be engrossed, Mr. Montigny moved that the bill be amended by striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2600.
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.
PAPERS FROM THE HOUSE

Engrossed Bills.
The following engrossed bills (the first of which originated in the Senate), 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 President and laid before the Governor for his approbation, to wit:

Authorizing the Commonwealth to convey a certain parcel of land in the town of Dartmouth (see Senate, No. 2553); and
Relative to national heritage areas (see House, No. 4492, amended).

A Bill relative to the development of air rights over the Massachusetts Turnpike (House, No. 3364, amended- on petition),-- was read.
There being no objection, the rules were suspended, on motion of Ms. Chang-Diaz, and the bill was read a second time and, after remarks, was ordered to a third reading, read a third time and passed to be engrossed, in concurrence.
Report of a Committee of Conference.
A report of the committee of conference on the disagreeing votes of the two branches, with reference to the Senate amendments (striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2530; and inserting before the enacting clause the following emergency preamble:
“Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish and regulate forthwith gaming in the commonwealth, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”) to the House Bill establishing expanded gaming in the Commonwealth (House, No. 4619, amended), reported, in part, a “Bill establishing expanded gaming in the Commonwealth” (House, No. 5000),-- came from the House and was read.
On motion of Mr. Berry, the report was referred to the committee on Ethics and Rules.
Subsequently, Mr. Berry for said committee reported, under the provisions of Senate Rule 63, in order to facilitate the business of the Senate, recommending that notwithstanding any other rule to the contrary full consideration may commence forthwith on the report of the committee of conference on the disagreeing votes of the two branches entitled “An Act establishing expanded gaming in the Commonwealth” (House, No. 5000); further that no more than 30 minutes debate be allowed for acceptance of said report; and provided further that during consideration of the aforementioned conference committee report, the provisions of Senate Rule 31 shall not apply.
Pending the question on acceptance of the report, at four minutes before three o’clock Mr. Tisei doubted the presence of a quorum. The President having determined that a quorum was not in attendance, then directed the Sergeant-at-Arms to secure the presence of a quorum.
Subsequently, at two minutes before three o’clock P.M., a quorum was declared present.
After debate, the question on acceptance of the report was determined by a call of the yeas and nays at thirteen minutes past three o’clock P.M., on motion of Ms. Chang-Díaz, as follows, to wit (yeas 24 — nays 15) [Yeas and Nays No. 383]:
Insert Roll Call “383”
The yeas and nays having been completed at a quarter past three o’clock P.M., the report was accepted.

The report of the committee of conference was then considered; and after remarks, at sixteen minutes past three o’clock P.M., at the request of Mr. Tisei, for the purpose of a minority caucus, the President declared a recess; and, at twenty-nine minutes before four o’clock P.M., the Senate reassembled, the President in the Chair.
Report of a Committee of Conference.
A report of the committee of conference on the disagreeing votes of the two branches, with reference to the Senate amendments (striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2530; and inserting before the enacting clause the following emergency preamble:
“Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish and regulate forthwith gaming in the commonwealth, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”) to the House Bill establishing expanded gaming in the Commonwealth (House, No. 4619, amended), reported, in part, a “Bill establishing expanded gaming in the Commonwealth” (House, No. 5000),-- was again considered.
Pending the question on acceptance of the report, at twenty-nine minutes before four o’clock P.M., Mr. Tisei doubted the presence of a quorum. The President having determined that a quorum was not in attendance, then directed the Sergeant-at-Arms to secure the presence of a quorum.
Subsequently, at twenty-five minutes before four o’clock P.M., a quorum was declared present.
After debate, the question on acceptance of the report of the committee of conference was determined by a call of the yeas and nays at four minutes past four o’clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 25 — nays 15) [Yeas and Nays No. 384]:
Insert Roll Call “384”
The yeas and nays having been completed at seven minutes past four o’clock P.M., the report of the committee of conference was accepted.
PAPER FROM THE HOUSE.
A Bill authorizing the town of Southbridge to match debt repayment for school projects to the retirement of other outstanding debt (House, No. 4695, -- on petition) [Local approval received],-- was read.
There being no objection, the rules were suspended, on motion of Mr. Richard T. Moore, and the bill was read a second time, ordered to a third reading and, after remarks, was read a third time and passed to be engrossed, in concurrence.
Report of a Committee.
By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill relative to post-partum depression (House, No. 4859),-- ought to pass, with an amendment striking out section 1; and, in section 2, by striking out the first paragraph and inserting in place thereof the following paragraph:-
“The department of public health may consult with health care providers, including, but not limited to, obstetricians, gynecologists, pediatricians and primary care providers, non-profits and health insurance carriers regarding postpartum depression to develop a culture of awareness, de-stigmatization and screening for perinatal depression so that residents of the commonwealth may be assured of the most effective and affordable provision of public health services possible. The department shall develop standards for measuring effective screening for post partum depression using recognized clinical standards and best practices and shall make recommendations for health plan and health care provider data reporting. The department shall issue regulations that require providers and carriers to annually submit data on screening for postpartum depression. Following the receipt of the data, the commissioner of public health shall issue an annual summary of the activities related to screening for postpartum depression, including best practices and effective screening tools. The department shall annually file the summary with the commissioner of public health and the clerks of the house of representatives and the senate not later than June 30; provided, however, that the first report is due not later than June 30, 2011.”
There being no objection, the rules were suspended, on motion of Mr. Eldridge, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill, as amended, was then ordered to a third reading and, after remarks, was read a third time.
After remarks, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at sixteen minutes past four o’clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 39 — nays 0) [Yeas and Nays No. 385]:
Insert Roll Call “385”
The yeas and nays having been completed at twenty minutes past four o’clock P.M., the bill was passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.
PAPER FROM THE HOUSE

Report of a Committee of Conference.
A report of the committee of conference on the disagreeing votes of the two branches, with reference to the Senate amendments (striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2530; and inserting before the enacting clause the following emergency preamble:
“Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish and regulate forthwith gaming in the commonwealth, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”) to the House Bill establishing expanded gaming in the Commonwealth (House, No. 4619, amended), reported, on the residue, a “Bill establishing expanded gaming in the Commonwealth” (House, No. 5001).,-- came from the House and was read.
On motion of Mr. Berry, the report was referred to the committee on Ethics and Rules.
Subsequently, Mr. Berry for said committee reported, under the provisions of Senate Rule 63, in order to facilitate the business of the Senate, recommending that notwithstanding any other rule to the contrary full consideration may commence forthwith on the report of the committee of conference on the disagreeing votes of the two branches entitled “An Act establishing expanded gaming in the Commonwealth” (House, No. 5001); further that no more than 30 minutes debate be allowed for acceptance of said report; and provided further that during consideration of the aforementioned conference committee report, the provisions of Senate Rule 31 shall not apply.
After debate, the question on acceptance of the report was determined by a call of the yeas and nays at twenty-four minutes before five o’clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 25 — nays 14) [Yeas and Nays No. 386]:
Insert Roll Call “386”
The yeas and nays having been completed at twenty minutes before five o’clock P.M., the report was accepted.

Ms. Menard in the Chair, the report of the committee of conference was then considered.
After debate, the question on acceptance of the report of the committee of conference was determined by a call of the yeas and nays at thirteen minutes past five o’clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 24 — nays 15) [Yeas and Nays No. 387]:
Insert Roll Call “386”
The yeas and nays having been completed at seventeen minutes past five o’clock P.M., the report of the committee of conference was accepted.
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 early education and care by family child care providers (House, No. 4917),-- was considered, the main question being on ordering the bill to a third reading.
After remarks, Mr. Tisei moved that the bill be amended by adding at the end of section 2 the following subsection: -
“(l) Nothing in this act shall require the payment of agency fees by any family child care provider who does not affirmatively join the bargaining unit.”
_____________________

After debate and pending the question on adoption of the amendment, Ms. Chandler moved that Senate Rule 38A be suspended to allow the Senate to continue in session beyond the hour of eight o’clock P.M., and this question was determined by a call of the yeas and nays, at four minutes before six o’clock P.M., as follows, to wit (yeas 32 — nays 6) [Yeas and Nays No. 388]::
Insert Roll Call “388”
The yeas and nays having been completed at four minute past six o'clock P.M., Senate Rule 38A was suspended, and the Senate could proceed to its business beyond the hour of eight o’clock P.M.
______________________

The amendment previously moved by Mr. Tisei was again considered; and the question on adoption of the amendment was determined by a call of the yeas and nays, at five minutes past six o’clock P. M., on motion of Mr. Tisei, as follows, to wit (yeas 6 – nays 32) [Yeas and Nays No. 389]:
Insert Roll Call “389”
The yeas and nays having been completed ten minutes past six o’clock P.M., the amendment was rejected.

Mr. Tisei moved that the bill be amended by striking the text of section 5 and inserting in place thereof the following: -
“(l) Clause (h) of section 17 of chapter 15D of the General Laws, as set forth in section 2 of this act, shall take effect on July 1, 2012.”
The amendment was adopted.
The bill, as amended, was then ordered to a third reading and read a third time.
After debate, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at twenty-six minutes past six o’clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 33 — nays 5) [Yeas and Nays No. 390]:
Insert Roll Call “390”
The yeas and nays having been completed at a half past six o’clock P.M., the bill was passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.
PAPERS FROM THE HOUSE

Emergency Preambles Adopted.
An engrossed Bill relative to economic development reorganization (see Senate, No. 2582), 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 13 to 0.
The bill was signed by the Acting President (Ms. Menard) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair) and sent to the House for enactment.

An engrossed Bill authorizing certain changes in the lease of a certain parcel of land in the town of Greenfield (see Senate, No. 2481), 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 13 to 0.
The bill was signed by the Acting President (Ms. Menard) and sent to the House for enactment.

An engrossed Bill authorizing the lease of a certain parcel of land in the town of Grafton to the United States Department of Labor and authorizing the conveyance or lease of certain surplus state-owned properties (see House, No. 4892, 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 12 to 0.
The bill was signed by the Acting President (Ms. Menard) and sent to the House for enactment.

An engrossed Bill authorizing the Division of Capital Asset Management and Maintenance to lease certain buildings and park land in the town of Hull for developmental purposes (see House, No. 4932), 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 15 to 0.
The bill was signed by the Acting President (Ms. Menard) and sent to the House for enactment.
Engrossed Bills.
The following engrossed bills (the first three of which originated in the Senate), 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 (Ms. Menard) and laid before the Governor for his approbation, to wit:

Further regulating workers’ compensation insurance (see Senate, No. 2375, amended);
Relative to the disposition of museum property (see Senate, No. 2402);
Relative to recording requirements at registries of deeds (see Senate, No. 2549); and
To create a silver alert community response system (see House, No. 4916, amended).
Engrossed Resolve.
An engrossed Resolve providing for an investigation and study by a special commission relative to seafood marketing (see House, No. 4872, amended) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed and signed by the Acting President (Ms. Menard) and laid before the Governor for his approbation.
Engrossed Bill.
An engrossed Bill relative to augmentative and alternative communication opportunities for children (see Senate, No. 2579) (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 (Ms. Menard) and laid before the Governor for his approbation.

A Bill authorizing the Commissioner of Capital Asset Management and Maintenance to grant an easement in certain land to the town of West Boylston (House, No. 4958, -- on petition),-- was read.
There being no objection, the rules were suspended, on motion of Mr. Hart, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.
Message from the Governor — Disapproval and Reductions in the Economic Stimulus Bill.
A message from His Excellency the Governor, returning, with his disapproval of certain items and sections and parts of certain items, and reductions in certain items contained in the engrossed Bill making appropriations for the fiscal year 2011 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (see House, No. 4800), which on Thursday, June 24, 2010, had been laid before the Governor for his approbation,— came from the House, in part, several items and sections having been passed by the House notwithstanding the reduction or disapproval of the Governor.
The message (House, No. 4840) was read; and the Senate proceeded to reconsider one item, which had been disapproved in accordance with the provisions of the Constitution.
Section 57 (Civil Motor Vehicle Infraction Hearing Fee) was considered as follows:
“SECTION 57. Paragraph (4) of subsection (A) of section 3 of chapter 90C of the General Laws is hereby amended by striking out the first paragraph, as amended by section 73 of chapter 27 of the acts of 2009, and inserting in place thereof the following paragraph:-
A violator may contest responsibility for the infraction by making a signed request for a noncriminal hearing on the back of the citation and mailing such citation, together with a $25 court filing fee, to the registrar at the address indicated on the citation within 20 days of the citation. Notwithstanding any general or special law to the contrary, the registrar, in cooperation with the state comptroller, upon receipt of the $25 court filing fee, shall immediately cause the court filing fee to be transferred to the trial court department to be held as retained revenue.”
[The Governor disapproved this section.]
The question on passing section 57, in concurrence, the disapproval of His Excellency the Governor to the contrary notwithstanding, was determined by a call of the yeas and nays, as required by Chapter I, Section I, Article II, of the Constitution, at nineteen minutes before seven o’clock P.M., as follows, to wit (yeas 38 — nays 0) [Yeas and Nays No. 391]:
Insert Roll Call “391”
The yeas and nays having been completed at a quarter before seven o’clock P.M., section 57 stands, in concurrence, notwithstanding the disapproval of His Excellency the Governor, two-thirds of the members present and voting having approved the same.

The Senate Bill authorizing the warrantless arrest for reckless or negligent vehicular homicide and reckless or negligent operation (Senate, No. 2472, amended),-- came from the House passed to be engrossed, in concurrence with an amendment by striking out section 2 and inserting in place thereof the following:
“Section 21 of Chapter 90 of the General laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the word “person”, in line 34, the following words:-, or whoever operates a motor vehicle recklessly or negligently so that the lives or safety of the public might be endangered in violation of paragraph (a) of subdivision (2) of section 24 and by such operation causes another person serious bodily injury as defined in section 24L, or whoever commits motor vehicle homicide in violation of subsection (a) or (b) of section 24G.”.
The rules were suspended, on motion of Mr. Brewer, and the House amendment was considered forthwith and adopted, in concurrence.
Reports of a Committee.
By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill relative to the registration and inspection of street rods and custom vehicles (House, No. 4871),-- ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2584.
There being no objection, the rules were suspended, on motion of Mr. Baddour, and the bill was read a second time and, after debate, was 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 was passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

By Mr. Panagiotakos, for the committee on Ways and Means, under the provisions of Senate Rule 19, a Committee Bill extending simulcasting (Senate, No. 2588).
The bill was read. 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.
Sent to the House for concurrence.
PAPERS FROM THE HOUSE

Engrossed Bills—Land Takings for Conservation Etc.
An engrossed Bill authorizing the Division of Capital Asset Management and Maintenance to lease certain land in the town of Spencer to the Worcester County 4H Center (see Senate, No. 2571) (which originated in the Senate), 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 one minute before seven o’clock P.M., as follows, to wit (yeas 38 - nays 0) [Yeas and Nays No. 392]:

Yeas:- 38
INSERT ROLL CALL [392]
Nays:- 0
The yeas and nays having been completed at three minutes past seven 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 Acting President (Ms. Menard) and laid before the Governor for his approbation.

An engrossed Bill releasing certain land in the town of Brimfield from an agricultural preservation restriction (see Senate, No. 2221) (which originated in the Senate), 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 four minutes past seven o’clock P.M., as follows, to wit (yeas 38 - nays 0) [Yeas and Nays No. 393]:

Yeas:- 38
INSERT ROLL CALL [393]
Nays:- 0
The yeas and nays having been completed at nine minutes past seven 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 Acting President (Ms. Menard) and laid before the Governor for his approbation.

An engrossed Bill authorizing the city of Gardner to convey certain land under the control of the Gardner Conservation Commission (see House Bill, printed in House, No. 4949) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage; and, this being a bill which had been submitted by the Governor, under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution; and also 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 the bill to be enacted was determined by a call of the yeas and nays, at ten minutes past seven o’clock P.M., as follows, to wit (yeas 37 - nays 0) [Yeas and Nays No. 394]:

Yeas:- 37
INSERT ROLL CALL [394]
Nays:- 0
The yeas and nays having been completed at twelve minutes past seven 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 Acting President (Ms. Menard) and laid before the Governor for his approbation.

An engrossed Bill authorizing the leasing of a certain parcel of land owned by the Department of Conservation and Recreation in the town of Hingham (see House, No. 4823, 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 thirteen minutes past seven o’clock P.M., as follows, to wit (yeas 37 - nays 0) [Yeas and Nays No. 395]:

Yeas:- 37
INSERT ROLL CALL [395]
Nays:- 0
The yeas and nays having been completed at a quarter past seven 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 Acting President (Ms. Menard) and laid before the Governor for his approbation.

Recess.
There being no objection, at a quarter past seven o’clock P.M., the President declared a recess subject to the call of the Chair; and, at twenty-four minutes before nine o’clock P.M., the Senate reassembled, the President in the Chair.
Reports of a Committee.
By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill relative to the sale of wine at auction (House, No. 4908),-- ought to pass.
There being no objection the rules were suspended, on motion of Mr. Baddour, 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 authorizing the granting of licenses for the sale of wines at auctions”.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill safeguarding our natural resources (House, No. 4943),-- ought to pass.
There being no objection the rules were suspended, on motion of Mr. Petruccelli, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.
PAPER FROM THE HOUSE.
A Bill validating the results of the special town election held in the town of Wenham on December 17, 2009 (printed in House, No. 4948, -- being a message from his Excellency the Governor),-- 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.

Report of a Committee.

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 Southwick’s Zoo to install certain sign (House, No. 3213, -- on petition).
There being no objection, the rules were suspended, on motion of Mr. Richard T. Moore, 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 authorizing the Department of Transportation to erect certain signs regarding the Southwick Zoo”.
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 authorizing the city of North Adams to use reserve funds to reduce debt (House, No. 4851),-- was read a second time, ordered to a third reading, read third time and passed to be engrossed, in concurrence.
Reports of a Committee.
By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relating to anti-human trafficking and protection (Senate, No. 58),-- ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2589).
There being no objection, the rules were suspended, on motion of Mr. Montigny, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2589) was then ordered to a third reading and read a third time.
After remarks, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at four minutes before nine o’clock P.M., on motion of Mr. Montigny, as follows, to wit (yeas 39 — nays 0) [Yeas and Nays No. 396]:
Insert Roll Call “396”
The yeas and nays having been completed at nine o’clock P.M., the bill was passed to be engrossed.
Sent to the House for concurrence.
PAPERS FROM THE HOUSE

Engrossed Bills—Land Takings for Conservation Etc.
An engrossed Bill authorizing the lease of a certain parcel of land in the town of Grafton to the United States Department of Labor and authorizing the conveyance or lease of certain surplus state-owned properties (see House, No. 4892, amended) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage; and, this being a bill which had been submitted by the Governor, under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution; and also 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 the bill to be enacted was determined by a call of the yeas and nays, at one minute past nine o’clock P.M., as follows, to wit (yeas 38 - nays 0) [Yeas and Nays No. 397]:

Yeas:- 38
INSERT ROLL CALL [397]
Nays:- 0
The yeas and nays having been completed at four minutes past nine 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.

An engrossed Bill authorizing the Division of Capital Asset Management and Maintenance to lease certain buildings and park land in the town of Hull for development purposes (see House, No. 4932) (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 five minutes past nine o’clock P.M., as follows, to wit (yeas 38 - nays 0) [Yeas and Nays No. 398]:

Yeas:- 38
INSERT ROLL CALL [398]
Nays:- 0
The yeas and nays having been completed at eight minutes past nine 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.
PAPERS FROM THE HOUSE

Engrossed Bills Returned with Recommendation of Amendment.
A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill releasing a restriction on a parcel in the town of Norwood (see House, No. 4836) [being the text contained in Section 130 of the General Appropriations Bill (see House, No. 4800)] [for message, see Attachment I of House, No. 4840],— came from the House with an amendment in the form approved and corrected by the committee on Bills in the Third Reading by striking out all after the enacting clause an inserting in place thereof the following:-
“(a) Notwithstanding any general or special law to the contrary, any restriction on use of, and any reversionary interest held by the commonwealth on, the parcel designated as the Walnut Lodge property in the first paragraph of chapter 544 of the acts of 1976 conveyed to Caritas Norwood Hospital, Inc., on June 20, 1978, are hereby released.
(b) For the purpose of this section, Caritas Norwood Hospital, Inc. or its successors shall mean Caritas Norwood Hospital Inc. or any person, group or entity that purchases all, or substantially all, of the assets of Caritas Christi Healthcare System or all, or substantially all, of the assets of Caritas Norwood Hospital, Inc. including any subsequent purchases, whether such purchase is effected by sale, merger or otherwise.
(c) In consideration for the releases set forth in subsection (a), Caritas Norwood Hospital, Inc., or its successors, shall maintain services for the treatment of alcoholism and related conditions at the Walnut Lodge property or, if not at the Walnut Lodge property, at the site of the Caritas Norwood Hospital, Inc. and upon any disposition of said Walnut Lodge property by Caritas Norwood Hospital, or its successors, 50 per cent of the gross proceeds from the sale, lease or other disposition of said parcel shall be paid by the seller to the commonwealth acting by and through the commissioner of capital asset management and maintenance. For the purpose of this section, gross proceeds shall mean all payments paid to Caritas Norwood Hospital, Inc., or its successors, as and when paid, by a transferee who shall not use the property as a medical care facility. Under any change of use by Caritas Norwood Hospital, Inc. or any successor thereto, if the Walnut Lodge property, or any portion thereof, ceases to be used for the treatment of alcoholism and related conditions then Caritas Norwood Hospital, Inc. or any successor thereto, shall pay to the commonwealth, acting by and through the commissions or capital asset management and maintenance, the sum of 50 per cent of the assessed valuation of the land included in such change of use, as such assessment valuation appears on the real estate tax assessment listing maintained by the assessors of the town of Foxborough for the fiscal year in which such change of use occurs. Nothing in this section shall restrict the transfer or conveyance of the Walnut Lodge property, or any portion thereof, for use as a medical care facility.”
The message, as amended 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. Panagiotakos, and the Governor’s amendment, as amended was considered forthwith.
On further motion of Mr. Panagiotakos, the Governor’s amendment, as amended, was adopted, in concurrence.
Sent to the House for re-enactment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill directing the University of Massachusetts and Commonwealth Community Colleges to establish a tuition retention program and ensure adequate access for qualified Massachusetts students (see House, No. 4835) [being the text contained in Section 129 of the General Appropriations Bill (see House, No. 4800)] [for message, see Attachment H of House, No. 4840],— came from the House with the endorsement that the House had rejected the amendment recommended by the Governor, and had adopted the following amendment striking out all after the enacting clause and inserting in place thereof the following 2 sections:-
“SECTION 1. Chapter 131 of the acts of 2010 is hereby amended by striking out sections 108 to 110, inclusive.
SECTION 2. Said chapter 131, as so appearing is hereby further amended by striking out section 199.”; and by striking out the title and inserting in place thereof the following title:- “An act relative to tuition retention at the University of Massachusetts at Amherst.”.
The message, as amended 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. Rosenberg, and the Governor’s amendment, as amended was considered forthwith.
On further motion of Mr. Rosenberg, the Governor’s amendment was rejected.
The House amendment was considered; and it was adopted, in concurrence.
Sent to the House for re-enactment.
Engrossed Bills.
The following engrossed bills (the first of which originated in the Senate), 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 President and laid before the Governor for his approbation, to wit:

Authorizing certain changes in the lease of a certain parcel of land in the town of Greenfield (see Senate, No. 2481);
Further regulating nonrenewal notices relative to motor vehicle liability insurance and fire insurance (see House, No. 959);
Relative to the licensure of certain health plans (see House, No. 971);
Relative to discharge of certain mortgages (see House, No. 996);
Relative to the maximum storage charges on motor vehicles involuntarily towed (see House, No. 4171);
Relative to inhalant abuse (see House, No. 4254);
Authorizing the town of Southbridge to match debt repayment for school projects to the retirement of other outstanding debt (see House, No. 4695); and
Eliminating the word “retardation” from the General Laws (see House, No. 4922).
Emergency Preamble Adopted.
An engrossed Bill relative to the development of air rights over the Massachusetts Turnpike (see House, No. 3364, 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 4 to 0.
The bill was signed by the President and sent to the House for enactment.

The House Bill relative to manslaughter (House, No. 1614, amended),-- came from the House with the endorsement that the House had concurred in the Senate amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document 2587, with a further amendment in section 1, in lines 11 to 14, inclusive, by striking out the sentence in those lines.
The rules were suspended, on motion of Mr. Brewer, and the House further amendment considered forthwith and adopted, in concurrence.
Report of a Committee.
By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill relative to manufacturer rebates and discount programs (House, No. 4689),-- ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2590.
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 Ways and Means.
After debate, the bill, as amended, was then ordered to a third reading, read a third time and was passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.
PAPERS FROM THE HOUSE

Emergency Preambles Adopted.
An engrossed Bill to promote cost containment, transparency and efficiency in the provision of quality health insurance for individuals and small businesses (see Senate, No. 2585), 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 13 to 0.
The bill was signed by the President and sent to the House for enactment.

An engrossed Bill authorizing the Department of Fish and Game to acquire land of the town of Athol and to acquire a conservation restriction on lands of the town of Athol in exchange for grants of easements to the town of Athol (see Senate, No. 2451, 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 13 to 0.
The bill was signed by the President and sent to the House for enactment.
Engrossed Bill.
An engrossed Bill relative to economic development reorganization (see Senate, No. 2582) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,-- was put upon its final passage. The question on passing it to be enacted was determined by a call of the yeas and nays, at a quarter past ten o’clock P.M., on motion of Ms. Murray, as follows, to wit (yeas 40 - nays 0) [Yeas and Nays No. 399]:
Yeas:- 40
INSERT ROLL CALL [399]
Nays:- 0
The yeas and nays having been completed at nineteen minutes past ten 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.
Engrossed Bill—Land Taking for Conservation Etc.
An engrossed Bill relative to the continued use of Memorial Park in the town of Rockland (see Senate, No. 2474) (which originated in the Senate), 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 minutes past ten o’clock P.M., as follows, to wit (yeas 39 - nays 0) [Yeas and Nays No. 400]:
Yeas:- 40
INSERT ROLL CALL [400]
Nays:- 0
The yeas and nays having been completed at twenty-three minutes past ten 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.

An engrossed Bill providing for development and operation of a new Parker’s River Marina in the town of Yarmouth (see House, No. 4321, 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-three minutes past ten o’clock P.M., as follows, to wit (yeas 39 - nays 0) [Yeas and Nays No. 401]:
Yeas:- 40
INSERT ROLL CALL [401]
Nays:- 0
The yeas and nays having been completed at twenty-six minutes past ten 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.

An engrossed Bill authorizing the Commissioner of Capital Asset Management and Maintenance to grant an easement in certain land to the town of West Boylston (see House, No. 4958) (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-seven minutes past ten o’clock P.M., as follows, to wit (yeas 39 - nays 0) [Yeas and Nays No. 402]:
Yeas:- 40
INSERT ROLL CALL [402]
Nays:- 0
The yeas and nays having been completed at twenty-nine minutes past ten 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.
Message from the Governor — Disapproval General Appropriations Bill.
A message from His Excellency the Governor, returning, with his disapproval of certain items and sections and parts of certain items, and reductions in certain items contained in the engrossed Bill making appropriations for the fiscal year 2011 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements. (see House, No. 4800), which on Thursday, June 24, 2010, had been laid before the Governor for his approbation,— came from the House, in part, several items and sections having been passed by the House notwithstanding the reduction or disapproval of the Governor.
The message (House, No. 4840) was read; and the Senate proceeded to reconsider one item, which had been disapproved, in part, in accordance with the provisions of the Constitution.
Item 1775-0100 (Operational Services Division Administration) was considered as follows:
“1775-0100. For the operation of the operational services division; provided, that the division shall expend funds for the purpose of achieving savings pursuant to this act; provided further, that notwithstanding any general or special law to the contrary, the operational services division, which under section 22N of chapter 7 of the General Laws is responsible for determining prices for programs under chapter 71B of the General Laws, shall set those prices in fiscal year 2011 at the same level calculated for fiscal year 2010, except the prices for those programs for extraordinary relief, as defined in the division's 52 regulations; provided further, that upon the request of a program, the division shall determine the minimum price for out-of-state purchasers by identifying the most recent price calculated for the program and applying the estimated rate of inflation which are established by December 1 of each year pursuant to said section 22N of said chapter 7 in a compounded manner for each fiscal year following the most recent calculated price; provided further, that the division shall accept and process applications for program reconstruction for fiscal year 2011 to be considered for rate adjustment in fiscal year 2012; provided further, that the division shall not adjust prices for program reconstruction in fiscal year 2011; provided further, that the division shall not accept applications for special circumstances for salary upgrades in fiscal year 2011; provided further, that not later than December 31, 2010, the division shall submit a report to the house and senate committees on ways and means and the joint committee on education on the policies, procedures and activities of the division associated with the recoupment of funds or reduction of future prices paid to approved private school programs as a result of administrative reviews conducted by the division; and provided further, that the report shall include, but not be limited to the following: (i) a description of the circumstances under which the department has most commonly exercised its authority to so recoup and reduce, (ii) the correlation of recouping and reducing with the imposition of price freezes imposed on programs in recent years, (iii) the impact of recoupment actions and reductions on the efforts and ability of programs to effectively manage their budgets and maintain fiscal viability during periods of price freezes and other periods of fiscal stress, and (iv) the relationship between recoupment and price reduction activities of the division and the programmatic monitoring activities and program oversight activities of the department of elementary and secondary education; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011,that notwithstanding any general or special law to the contrary, the bureau of purchased services of the operational services division which is responsible under section 22N of chapter 7 of the General Laws for determining prices for programs under chapter 71B of the General Laws, shall set the prices in fiscal year 2011 by increasing the final fiscal year 2010 prices by the rate of inflation as determined by the division for fiscal year 2011; provided further, that the division shall also adjust prices for extraordinary relief, as provided in 808 CMR 1.06(4); provided further, that the division shall accept applications for special circumstances for salary upgrades......................$502,970.”.
[The Governor struck out the following wording: “; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011.]
After remarks, the question on passing item 1775-0100, contained in section 2, in concurrence, the objections of His Excellency the Governor to the contrary notwithstanding, was determined by a call of the yeas and nays, as required by Chapter I, Section I, Article II, of the Constitution, at twenty-six minutes before eleven o’clock P.M., as follows, to wit (yeas 39 — nays 0) [Yeas and Nays No. 403]:
Yeas:- 39
INSERT ROLL CALL [403]
Nays:- 0
The yeas and nays having been completed at twenty-three minutes before eleven o’clock P.M., item 1775-0100, contained in section 2, stands, in concurrence, notwithstanding the reduction and objections of His Excellency the Governor, two-thirds of the members present and voting having approved the same.
Engrossed Bills.
The following engrossed bills (the first of which originated in the Senate), 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 President and laid before the Governor for his approbation, to wit:

To promote cost containment, transparency and efficiency in the provision of quality health insurance for individuals and small businesses (see Senate, No. 2585); and
Promoting fairness in private construction contracts (see House, No. 4721).
Engrossed Bill.
An engrossed Bill reforming the administrative procedures relative to criminal offender record information and pre- and post-trial supervised release (see Senate, No. 2583) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,-- was put upon its final passage. The question on passing it to be enacted was determined by a call of the yeas and nays, at twenty minutes before eleven o’clock P.M., on motion of Ms. Creem, as follows, to wit (yeas 30 - nays 9) [Yeas and Nays No. 404]:
Yeas:- 40
INSERT ROLL CALL [404]
Nays:- 0
The yeas and nays having been completed at seventeen minutes before eleven 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.
Engrossed Bill—Land Taking for Conservation Etc.
An engrossed Bill authorizing the Department of Fish and Game to acquire land of the town of Athol and to acquire a conservation restriction on lands of the town of Athol in exchange for grants of easements to the town of Athol (see Senate, No. 2451) (which originated in the Senate), 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 sixteen minutes before eleven o’clock P.M., as follows, to wit (yeas 39 - nays 0) [Yeas and Nays No. 405]:
Yeas:- 40
INSERT ROLL CALL [405]
Nays:- 0
The yeas and nays having been completed at fourteen minutes before eleven 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.
Report of a Committee.
By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill recognizing the profession of interior designers to bid on state contracts (House, No. 2999, amended),-- ought to pass.
There being no objection the rules were suspended, on motion of Mr. Panagiotakos, and the bill was read a second time, ordered to a third reading, and read a third time.
After remarks, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at eleven minutes before eleven o’clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 39 — nays 0) [Yeas and Nays No. 406]:
Insert Roll Call “406”
The yeas and nays having been completed at eight minutes before eleven o’clock P.M., the bill was passed to be engrossed, in concurrence.
PAPERS FROM THE HOUSE.
The engrossed Bill relative to the requirements for licensing as a real estate broker or salesman (see Senate, No. 121, amended) came from the House with the endorsement that it had concurred in the Senate amendment with a further amendment striking out all after the enacting clause and inserting in place thereof the following
“SECTION 1. Section 87RR of chapter 112 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the word contractor, in line 17, the following words:— and may, by agreement, by paid as an outside salesperson on a commission-only basis.
SECTION 2. Section 87SS of said chapter 112, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:—
Every individual applicant for a license as a salesman who is required to take an examination therefor shall, as a prerequisite to taking such examination, submit proof satisfactory to the board that he has completed courses in real estate subjects approved by the board, such courses to total 40 classroom hours of instruction; provided, however, that applicants having successfully completed a course in real property while enrolled in an accredited law school in the commonwealth may also take such examination. Every individual applicant for a license as a broker who is required to take an examination therefor shall, as a prerequisite to taking such examination, submit proof satisfactory to the board that he has been actively associated with a real estate broker for a period of 3 years as a real estate salesman and that he has completed additional courses in real estate subjects approved by the board, such courses to total 40 classroom hours of instruction.
SECTION 3. Section 2 of this act shall take effect on June 1, 2011.”
The rules were suspended, on motion of Mr. Buoniconti, and the further House amendment was considered forthwith and adopted, in concurrence.
Engrossed Bill.
An engrossed Bill authorizing the warrantless arrest for reckless or negligent operation of a motor vehicle that causes serious bodily injury or death (see Senate, No. 2472, amended) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,-- was put upon its final passage. The question on passing it to be enacted was determined by a call of the yeas and nays, at four minutes before eleven o’clock P.M., on motion of Mr. Tarr, as follows, to wit (yeas 38 - nays 0) [Yeas and Nays No. 407]:
Yeas:- 38
INSERT ROLL CALL [407]
Nays:- 0
The yeas and nays having been completed at one minute before eleven 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.
Message from the Governor — Disapproval General Appropriations Bill.
A message from His Excellency the Governor, returning, with his disapproval of certain items and sections and parts of certain items, and reductions in certain items contained in the engrossed Bill making appropriations for the fiscal year 2011 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements. (see House, No. 4800), which on Thursday, June 24, 2010, had been laid before the Governor for his approbation,— came from the House, in part, several items and sections having been passed by the House notwithstanding the reduction or disapproval of the Governor.
The message (House, No. 4840) was read; and the Senate proceeded to reconsider one item, which had been reduced in accordance with the provisions of the Constitution.
Item 7003-0701 (Workforce Training Programs) was considered as follows:
“7003-0701. For grants and technical assistance administered by the department of workforce development under section 2RR of chapter 29 of the General Laws, and for the cost of collecting the assessment established in section 14L of chapter 151A of the General Laws; provided, that the department of workforce development shall provide a report on the grants and technical assistance programs authorized in this item detailing the firms receiving grants, by number of employees, revenues, and industry, to the house and senate committees on ways and means not later than January 17, 2011; provided further, that the report shall include specific measures of how grant recipients were able to increase job growth, retention rates, and productivity as a result of the grants; provided further, that the report shall include measures of whether training participants received promotions and increased incomes as a result of training; provided further, that the director shall demonstrate that each dollar expended generates not less than $5 in private investment in job training; and provided further, that grants may be administered by the department of workforce development to recruit and provide career support and workforce development retention of graduate students training for careers in public sector behavioral health service delivery......................................................$24,001,617.”.
Workforce Training Fund.................................................... 100.000%.
[The Governor reduced this item by $12,500,000.]
After remarks, the question on passing item 7003-0701, contained in section 2, in concurrence, the reduction of His Excellency the Governor to the contrary notwithstanding, was determined by a call of the yeas and nays, as required by Chapter I, Section I, Article II, of the Constitution, at two minutes past eleven o’clock P.M., as follows, to wit (yeas 39 — nays 0) [Yeas and Nays No. 408]:
Yeas:- 38
INSERT ROLL CALL [407]
Nays:- 0
The yeas and nays having been completed at five minutes past eleven o’clock P.M., item 7003-0701, contained in section 2, stands, in concurrence, notwithstanding the reduction of His Excellency the Governor, two-thirds of the members present and voting having approved the same
Report of a Committee.
By Mr. Panagiotakos, for the committee on Ways and Means, under the provisions of Senate Rule 19, a Committee Bill making appropriations for the fiscal year 2010 and fiscal year 2011 to provide for supplementing certain existing appropriations and for certain other activities and projects (Senate, No. 2592).
The bill was read. There being no objection the rules were suspended, on motion of Mr. Panagiotakos, and the bill was read a second time, ordered to a third reading and read a third time.
After remarks, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at eight minutes past eleven o’clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 38 – nays 1) [Yeas and Nays No. 409]:

INSERT ROLL CALL “409”

The yeas and nays having been completed at eleven minutes past eleven o’clock P.M., the bill was passed to be engrossed.
Sent to the House for concurrence.
Report of a Committee.
Mr. Berry, for the committee on Ethics and Rules, reported, under the provisions of Senate Rule 63 in order to facilitate the business of the Senate, recommending that notwithstanding any other rule to the contrary the question on passing to be enacted shall be considered forthwith on the engrossed Bills entitled “An Act establishing expanded gaming in the Commonwealth” (House, No. 5000) and “An Act establishing expanded gaming in the Commonwealth” (House, No. 5001); further that no more than 10 minutes debate, 3 minutes per Senator be allowed for the questions on passing the bills to be enacted; and provided further that during consideration of the aforementioned conference committee report, the provisions of Senate Rule 31 shall not apply.
The question on acceptance of the report was determined by a call of the yeas and nays at seventeen minutes past eleven o’clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 26 — nays 13) [Yeas and Nays No. 410]:
Insert Roll Call “410”
The yeas and nays having been completed at twenty minutes past eleven o’clock P.M., the report was accepted.
PAPERS FROM THE HOUSE

Engrossed Bills.
An engrossed Bill establishing expanded gaming in the Commonwealth (see House, No. 5000) (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. After debate, the question on passing it to be enacted was determined by a call of the yeas and nays, at twenty-nine minutes before twelve o’clock midnight, on motion of Mr. Tisei, as follows, to wit (yeas 25 - nays 15) [Yeas and Nays No. 411]:
Yeas:- 25
INSERT ROLL CALL [411]
Nays:- 15
The yeas and nays having been completed at twenty-six minutes before twelve o’clock midnight, 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.

An engrossed Bill establishing expanded gaming in the Commonwealth (see House, No. 5001) (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. After debate, the question on passing it to be enacted was determined by a call of the yeas and nays, at a quarter before twelve o’clock midnight, on motion of Mr. Kennedy, as follows, to wit (yeas 25 - nays 15) [Yeas and Nays No. 412]:
Yeas:- 25
INSERT ROLL CALL [412]
Nays:- 15
The yeas and nays having been completed at thirteen minutes before twelve o’clock midnight, 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.
Emergency Preambles Adopted.
An engrossed Bill extending simulcasting (see Senate, No. 2588), 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 10 to 2.
The bill was signed by the President and sent to the House for enactment.

An engrossed Bill relative to comprehensive siting reform for land based wind projects (see House, No. 4955), 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 14 to 1.
The bill was signed by the President and sent to the House for enactment.

An engrossed Bill releasing a restriction on a parcel in the town of Norwood (see House, No. 4836), 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 12 to 0.
The bill was signed by the President and sent to the House for enactment.
Engrossed Bill.
An engrossed Bill designating a certain road in the town of Uxbridge as the Benny Emerick’s Road to Boston (see House, No. 3182, amended) (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 President and laid before the Governor for his approbation.

A Bill relative to abandoned vessels (House, No. 4953, -- on House, No. 3439),-- was read.
There being no objection, the rules were suspended, on motion of Mr. Montigny, 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.
An engrossed Bill relative to tuition retention at the University of Massachusetts at Amherst (see House, No. 4835, 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 12 to 0.
The bill was signed by the President and sent to the House for enactment.
Report of a Committee.
By Mr. Panagiotakos, for the committee on Ways and Means, under the provisions of Senate Rule 19, a Committee Bill relative to higher education (Senate, No. 2591).
The bill was read. There being no objection the rules were suspended, on motion of Mr. Panagiotakos, and the bill 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.
PAPERS FROM THE HOUSE

Emergency Preamble Adopted.
An engrossed Bill relative to early education and care by family child care providers (see House, No. 4917, 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 11 to 0.
The bill was signed by the President and sent to the House for enactment.
Engrossed Bill.
An engrossed Bill extending simulcasting (see Senate, No. 2588) (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 President and laid before the Governor for his approbation.

The Senate Bill relative to flea market vendors (Senate, No. 2282, 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 4941, amended.
The rules were suspended, on motion of Mr. Brewer, and the House amendment was considered forthwith and adopted, in concurrence.

The hour of midnight having arrived, under the provisions of Senate Rule 38A1/2, the President declared the session adjourned until Monday next at eleven o’clock A.M.