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 26, 2010.

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

The Chair (Mr. Petruccelli), members, guests and employees then recited the pledge of allegiance to the flag.

Communications.

The following communications were severally read and placed on file, to wit:
A communication from Jack M. Wilson, President of the University of Massachusetts announcing the appointment of David J. Gray, Senior Vice President for Administration, Finance and Technology for the University of Massachusetts to the Special Commission established (pursuant to Section 162 of Chapter 131 of the Acts of 2010) relative to in-state tuition retention;
Several communications from Jack M. Wilson, President of the University of Massachusetts announcing that Robert Manning, Chairman of the Board of Trustees of the University of Massachusetts has made the following appointments:
James Julian, Executive Vice President and Chief Operating Officer of the University of Massachusetts to the Special Commission established (pursuant to Section 162 of Chapter 131 of the Acts of 2010) relative to in-state tuition retention; and
Edward W. Collins, Jr. and Stephen P. Tocco, members of the University of Massachusetts Board of Trustees, to the Special Commission established (pursuant to Section 153 of Chapter 131 of the Acts of 2010) to make an investigation and study of the University of Massachusetts at Amherst and the University of Massachusetts at Lowell jointly establishing a public school of pharmacy;

Report.

A report from the Executive Office for Administration and Finance (pursuant to Section 34 of Chapter 312 of the Acts of 2008) submitting a report on the progress and expenditures of the Commonwealth’s preservation and improvement of land, parks and clean energy,-- was placed on file.

Report of a Committee.

By Mr. Joyce, for the committee on State Administration and Regulatory Oversight, on petition (accompanied by bill, Senate, No. 2573), a Bill providing for the disposition of Commonwealth owned land in the city of Boston (Senate, No. 2612);
Read and, under Senate Rule 26C, referred to the committee on Bonding, Capital Expenditures and State Assets.

PAPERS FROM THE HOUSE

A Bill establishing a sick leave bank for Matthew Normandeau, an employee of the Bristol County Sheriff’s Office (House, No. 4926,-- on petition),-- was read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills
Relative to the Foxborough Sewer Act (House, No. 4680,-- on petition) [Local approval received]; and
To further clarify the Nantucket Island Land Bank Act regarding real property interests subject to the Land Bank Act’s transfer fee (House, No. 4998,-- on House, No. 4106) [Local approval received on House, No. 4106];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:-
Resolutions (filed by Mr. Pacheco) “celebrating the sixtieth anniversary of Lorenzo’s Restaurant in the town of Middleboro.”

PAPERS FROM THE HOUSE
Emergency Preambles Adopted.

An engrossed Bill establishing a sick leave bank for Colleen Robichaud, an employee of the Registry of Motor Vehicles (see House, No. 4777), 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 3 to 0.
The bill was signed by the Acting President (Mr. Petruccelli) and sent to the House for enactment.

An engrossed Bill establishing a sick leave bank for Christopher Lemoing, an employee of the Plymouth County Sheriff’s Department (see House, No. 4925), 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 3 to 0.
The bill was signed by the Acting President (Mr. Petruccelli) and sent to the House for enactment.

Matters Taken Out of the Orders of the Day.

There being no objection, the following matters were taken out of the Orders of the Day and considered forthwith:

The House Bill relative to the recall of elected officials in the town of Belmont (House, No. 4414),-- was read a second time.
Pending the question on ordering the bill to a third reading, Mr. Tolman presented an amendment in section 3, by striking out the first sentence and inserting in place thereof the following sentence:- “If within 30 days after the delivery by the town clerk of the petition forms, the petition, signed by not less than 20 per cent of the registered voters of the town, including at least 5 per cent of the registered voters from each precinct, is filed with the town clerk, the town clerk shall certify the number of signatures which are names of voters in the town and precincts, as appropriate, and if the clerk determines that it contains a sufficient number of valid signatures, the clerk shall, within 5 business days, submit the petition to the board of selectmen.”
The amendment was adopted.
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, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act authorizing recall elections in the town of Belmont”.
Sent to the House for concurrence in the amendment.

The House Bill authorizing the city of Everett to create an inspectional services department in the city of Everett (House, No. 4697),-- was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

PAPERS FROM THE HOUSE

A petition (accompanied by bill, House, No. 5004) of Michael F. Rush relative to the retirement benefit for Cecilia Davlin, the surviving former wife of James Davlin,-- was referred, in concurrence, 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. Petruccelli) and laid before the Governor for his approbation, to wit:
Relative to property taxes in the town of Carver (see Senate, No. 2144);
Relative to the composition of the licensing board for the city of Pittsfield (see House, No. 4682, amended);
Authorizing the town of Sudbury to enter into and to extend wireless facility contracts or leases for periods in excess of 20 years (see House, No. 4715);
Authorizing the transfer of location of a certain license for the sale of all alcoholic beverages to be drunk on the premises in the town of Westborough (see House, No. 4735);
Authorizing the town of Westborough to grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises (see House, No. 4736, amended);
Establishing a sick leave bank for Colleen Robichaud, an employee of the Registry of Motor Vehicles (see House, No. 4777); and
Relative to the security of vital records and verification of identity (see House, No. 4910).

Recess.

There being no objection, at nineteen minutes past eleven o’clock A.M., the Chair (Mr. Petruccelli) declared a recess subject to the call of the Chair; and, at twenty-seven minutes before one o’clock P.M., the Senate reassembled, Mr. Petruccelli in the Chair.

PAPER FROM THE HOUSE
Engrossed Bill.

An engrossed Bill placing a certain question on the ballot to be used at the November 2010 biennial state election in the town of Pepperell relative to the sale of alcoholic beverages (see House, No. 4846, 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 Acting President (Mr. Petruccelli) and laid before the Governor for his approbation.

Motion To Take a Matter Out of the Orders of the Day.

The Chair (Mr. Petruccelli) asked unanimous consent to take the engrossed Bill relative to comprehensive siting reform for land based wind projects (see House, No. 4955) out of the Orders of the Day for consideration,-- but objection was made thereto by Mr. Tarr.
The engrossed bill was returned to the Orders of the Day for the next session.

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.

Adjournment in Memory of Kevin J. Mulvey

The Senator from Suffolk and Middlesex, Mr. Tolman, requested that when the Senate adjourns today, it adjourn in memory of Kevin J. Mulvey of Belmont.
Kevin J. Mulvey, of Belmont passed away on Sunday, August 22, 2010. Born in Boston, Massachusetts on October 20, 1941, he is survived by his loving wife and best friend Frances M. “Fran” (Morgan) Mulvey, with whom he shared 42 years of marriage.

Kevin was the devoted father of four and grandfather of 16.

Mr. Mulvey was an Alumnus of Suffolk University Law School class of 1967.

Accordingly, as a mark of respect to the memory of Kevin J. Mulvey, at twenty-five minutes before one o’clock P.M., on motion of Mr. Tarr, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.