NOTICE: - While reasonable efforts have been made to assure the accuracy of the data herein, this is NOT the official version of Senate Journal. It is published to provide information in a timely manner, but has not been proofread against the events of the session for this day. All information obtained from this source should be checked against a proofed copy of the Senate Journal.


UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the Commonwealth of Massachusetts

JOURNAL OF THE SENATE.

Thursday, August 13, 2009.

Met according to adjournment at eleven o’clock A.M. (Mr. Baddour 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. Baddour), members, guests and employees then recited the pledge of allegiance to the flag.

Reports.

The following reports were severally placed on file, to wit:
A report of the Bristol County Registry of Deeds (under the provisions of Section 2KKK of Chapter 29 of the General Laws) submitting its plan for expenditure from the County Registers Technological Fund (copies having been forwarded as required to the Senate Committees on Ways and Means and Post Audit and Oversight) (received Wednesday, August 12, 2009); and
A report of the Norfolk County Registry of Deeds (under the provisions of Section 2KKK of Chapter 29 of the General Laws) submitting its plan for expenditure from the County Registers Technological Fund (copies having been forwarded as required to the Senate Committees on Ways and Means and Post Audit and Oversight) (received Wednesday, August 12, 2009).

Petitions.

Petitions were presented and referred, as follows:
By Mr. Berry, a petition (accompanied by bill, Senate, No. 2128) of Frederick E. Berry (with the approval of the mayor and city council) for legislation to ratify, validate and confirm in all respects the election calendar established by the city of Salem [Local approval received]; and
By Mr. Downing, a petition (accompanied by bill, Senate, No. 2129) of Benjamin B. Downing and Denis E. Guyer (by vote of the town) for legislation relative to recall election in the town of Middlefield [Local approval received];
Severally under Senate Rule 20, to the committee on Election Laws.

By Mr. Downing, a petition (accompanied by bill, Senate, No. 2130) of Benjamin B. Downing and Daniel E. Bosley (by vote of the town) for legislation to establish the position of town clerk in the town of Charlemont [Local approval received];
Under Senate Rule 20, to the committee on Municipalities and Regional Government.
Severally sent to the House for concurrence.

Petitions were presented and referred,as follows:
By Mr. Baddour, a petition (subject to Joint Rule 12) of Stephen A. Baddour, Martha Coakley, Attorney General, Stephen M. Brewer, James E. Vallee, Benjamin B. Downing and other members of the General Court for legislation to combat economic crime;
By Mr. Brewer, a petition (subject to Joint Rule 12) of Stephen M. Brewer for legislation relative to property tax benefits for senior citizen volunteers;
By the same Senator, a petition (subject to Joint Rule 12) of Stephen M. Brewer for legislation to release certain land in Brimfield from the operation of an agricultural preservation restriction;
By Ms. Candaras, a petition (subject to Joint Rule 12) of Gale D. Candaras for legislation relative to child abandonment;
By Ms. Chandler, a petition (subject to Joint Rule 12) of Harriette L. Chandler, John W. Scibak and Marian Walsh for legislation relative to certain limited registrations;
By Ms. Fargo, a petition (subject to Joint Rule 12) of Susan C. Fargo for legislation relative to bus stops;
By Mr. Montigny (by request), a petition (subject to Joint Rule 12) of Eleanor Wrobleski for legislation to direct the State Retirement Board to grant creditable service to Eleanor M. Wrobleski;
By Mr. Montigny, a petition (subject to Joint Rule 12) of Mark C. Montigny and John F. Quinn for legislation to authorize the Commonwealth of Massachusetts to convey a certain parcel of land in Dartmouth;
By Mr. Richard T. Moore, a petition (subject to Joint Rule 12) of Richard T. Moore, Michael O Moore, Stephen M. Brewer and Susan C. Tucker for legislation relative to an affordable health plan;
By Mr. Morrissey, a petition (subject to Joint Rule 12) of Michael W. Morrissey for legislation relative to noncriminal hearing fee reimbursement;
By Mr. Panagiotakos (by request), a petition (subject to Joint Rule 12) of Thomas Quinn for legislation relative to the posting of fetal alcohol syndrome warning; and
By Mr. Timilty, a petition (subject to Joint Rule 12) of James E. Timilty for legislation relative to the impact of the 2009 tax increases;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of a Committee.

By Mr. Eldridge, for the committee on Municipalities and Regional Government, on petition, a Bill relative to the Sandwich Visitor Services Board (Senate, No. 2074) [Local approval received]; and
By the same Senator, for the same committee, on petition, a Bill relative to the town of Sandwich and the lease of property at the Sandwich High School (Senate, No. 2075) [Local approval received];
Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 1885) of Geraldine Creedon, Christine E. Canavan and others (by vote of the town) that the town of Easton be authorized to lease certain conservation land in said town for agricultural purposes and to establish the Tufts Farm maintenance fund,— was referred, in concurrence, to the committee on Municipalities and Regional Government.

A Bill establishing a sick leave bank for Betty Green, an employee of the Department of Revenue (House, No. 4177,— on petition),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill relative to the Nucleo Sportinguista Club of New Bedford (House, No. 4183,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Messrs. Richard T. Moore and Brewer, Ms. Chang-Diaz, Ms. Chandler, Messrs. Kennedy and O’Leary, Ms. Spilka and Ms. Tucker) “memorializing Congress of the United States to increase support for health information technology during National Health IT Week, September 21 to 25, 2009.”

Reports of a Committee.

By Mr. Berry, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Patricia Jehlen, Carl M. Sciortino, Jr., Denise Provost, Timothy J. Toomey, Jr. and others (with the approval of the mayor and board of aldermen) for legislation to authorize the division of capital asset management and maintenance to convey certain land in the city of Somerville to the Somerville Housing Authority [Local approval received].
Senate Rule 36 was suspended, on motion of Mr. Tarr, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on State Administration and Regulatory Oversight.

By Mr. Berry, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Michael O. Moore, Stanley C. Rosenberg, Stephen M. Brewer and other members of the General Court for legislation relative to regional transit authorities.
Senate Rule 36 was suspended, on motion of Mr. Tarr, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Transportation.
Severally sent to the House for concurrence.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill establishing a sick leave bank for Michael Belloli, an employee of the Department of Correction (Senate, No. 2100),— ought to pass, with an amendment by inserting after the second sentence the following sentence:— “Sick leave bank days shall not be used for absences unrelated to the illness or disability that necessitated the establishment of the sick leave bank as determined by the department.”
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.
The bill (Senate, No. 2100, amended) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Keith Bianchini, an employee of the Department of Correction (House, No. 2365),— ought to pass.
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.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Michele Merenda, an employee of the Department of Transitional Assistance (House, No. 1149),— ought to pass.
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.

Matter Taken Out of the Orders of the Day.

There being no objection, the following matter was taken out of the Orders of the Day and considered, as follows:
The House Bill relative to the establishment of an enterprise fund for the Brook School Apartments in the town of Weston (House, No. 1124),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Reports of Committees.

Mr. Downing, 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 Dukes County Land Bank (House, No. 4043).
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.

Mr. Downing, 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 designating a certain area in the city of Worcester as a Place of Peace Healing Garden (House, No. 2988).
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and ordered to a third reading.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows, to wit:
Petition (accompanied by bill, House, No. 4209) of Peter V. Kocot and Stanley C. Rosenberg for legislation to establish a sick leave bank for Deborah Armstrong, an employee of Franklin/Hampshire Division of the Juvenile Court Department of the Trial Court;
Under suspension of Joint Rule 12, to the committee on the Judiciary.

Petition (accompanied by bill, House, No. 4210) of A. Stephen Tobin and Kathi-Anne Reinstein for legislation relative to tips and tip sharing in restaurants;
Under suspension of Joint Rule 12, to the committee on Labor and Workforce Development.

Petition (accompanied by bill, House, No. 4211) of Richard J. Ross and Scott P. Brown for legislation relative to establishing a sick leave bank for Susan Harper, an employee of the Department of Developmental Services;
Under suspension of Joint Rule 12, to the committee on Public Service.

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 Acting President (Mr. Baddour) and laid before the Governor for his approbation, to wit:
Establishing a sick leave bank for Theodore S. Bielecki, an employee of the Department of Correction (see Senate, No. 2110);
Designating a certain flagpole at Lawrence Heritage State Park as the Mary L. Girouard flagpole (see House Bill, printed as Senate, No. 1470); and
Establishing a town manager form of government for the town of Hanover (see House, No. 1123).

Order Adopted.

On motion of Mr. Tarr,—

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

On motion of the same Senator at thirteen minutes past eleven o’clock A.M., the Senate adjourned to meet again on Monday next at eleven o’clock A.M.