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, September 2, 2010.

Met at nine minutes past eleven o’clock A.M. (Mr. Donnelly 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. Donnelly), members, guests and employees then recited the pledge of allegiance to the flag.

Communication.

A communication from the Honorable Richard R. Tisei, Minority Leader, announcing the appointment of Senator Richard J. Ross to serve as a member of the Joint Committee on Higher Education,-- was placed on file.

Reports.

The following reports were severally read and placed on file, to wit:

A report of the Joint Committee on Community Development and Small Business (under the provisions of Joint Rule 1) submitting its findings and recommendations relative to the audit practices of the Division of Unemployment Assistance (DUA) (Senate, No. 2621);
A report of the Norfolk County Registry of Deeds (under the provisions 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 4, 2010);
A report from the Executive office of Housing and Community Development (pursuant to Section 6B (g) of Chapter 40J of the General Laws) submitting the fiscal year 2010 operating plan (copies having been forwarded as required to the Senate Committees on Ways and Means and Post Audit and Oversight) (received Tuesday, August 31, 2010); and
A report from the Executive office of Housing and Community Development (pursuant to Section 6B (g) of Chapter 40J of the General Laws) submitting the fiscal year 2011 operating plan (copies having been forwarded as required to the Joint Committee on Telecommunications, Utilities and Energy, the Joint Committee on Economic Development and Emerging Technologies and the Senate Committee on Ways and Means) (received Tuesday, August 31, 2010).

Petition.

Mr. Pacheco presented a petition (accompanied by bill, Senate No. 2617) of Marc R. Pacheco, Stephen R. Canessa, William M. Straus and Thomas J. Calter (by vote of the town) for legislation to amend the charter of the town Of Middleborough.
Referred, under Senate Rule 20, to the committee on Municipalities & Regional Government.
Sent to the House for concurrence.

Reports of Committees

By Mr. Kennedy, for the committee on Election Laws, on Senate, Nos. 331, 333, 334, 335, 336, 337, 338, 339, 340, 341, 343, 344, 345, 348, 350, 352, 354, 355, 356, 358, 359, 360, 361, 362, 363, 364, 2094, 2128 and 2132, an Order relative to authorizing the joint committee on Election Laws to make an investigation and study of certain current Senate documents relative to election laws (Senate, No. 2614);
By Mr. Joyce, for the committee on State Administration and Regulatory Oversight, on Senate, Nos. 346, 347, 1389, 1390, 1394, 1395, 1399, 1400, 1403, 1404, 1405, 1413, 1414, 1415, 1417, 1432, 1433, 1434, 1436, 1440, 1441, 1443, 1444, 1445, 1451, 1452, 1453, 1456, 1458, 1459, 1461, 1462, 1464, 1465, 1466, 1471 and 1833, an Order relative to authorizing the joint committee on State Administration and Regulatory Oversight to make an investigation and study of certain current Senate documents relative to state administration (Senate, No. 2615); and
By Mr. Baddour, for the committee on Transportation, on Senate Nos. 1881, 1892, 1895, 1899, 1902, 1907, 1912, 1913, 1916, 1919, 1920, 1923, 1927, 1939, 1943, 1944, 1947, 1953, 1954, 1955, 1957, 1959, 1964, 1966, 1967, 1975, 1976, 1977, 1980, 1981, 1988, 1990, 1991, 2017, 2091, 2197 and 2246, an Order relative to authorizing the joint committee on Transportation to make an investigation and study of certain current senate documents relative to transportation (Senate, No. 2616);
Severally referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:-

Resolutions (filed by Ms. Fargo) “congratulating the Town of Concord on the occasion of its three hundred and seventy fifth anniversary”; and
Resolutions (filed by Ms. Spilka) “honoring the Framingham History Center’s commemoration of the ninetieth anniversary of the Women’s Suffrage Movement.”

Report of Committees.

By Mr. Berry, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of of Michael O. Moore, Bruce E. Tarr, John J. Binienda and George N. Peterson, Jr. for legislation to further regulate the mooring of marine vessels.
Senate Rule 36 was suspended, on motion of Mr. Brown, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Transportation.
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 Meridyth L. Reith an employee of the department of environmental protection (House, No. 4575),-- ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the following text:
“Notwithstanding any general or special law or rule or regulation to the contrary, the department of environmental protection shall establish a sick leave bank for Meridyth L. Reith, an employee of the department. Any employee of the department may voluntarily contribute 1 or more sick, personal or vacation days to the sick leave bank for use by Meridyth L. Reith. Whenever Meridyth L. Reith terminates employment with the department or requests to dissolve the sick leave bank, any remaining time in the sick leave bank shall be transferred to the extended illness leave bank. 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. Hedlund, 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, read a third time and passed to be engrossed.
Sent to the House for concurrence in the amendment.

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 to exempt clerical positions in the town of Billerica from civil service (House, No. 4391),-- 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 exempting certain clerical positions in the town of Billerica from the civil service law.”

The House Bill authorizing the town of Milford to grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises (House, No. 4937),-- was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The House Bill authorizing the town of Milford to issue an additional license for the sale of wines and malt beverages not to be drunk on the premises (House, No. 4938),-- was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

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

The Chair (Mr. Donnelly) 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. Knapik.
The engrossed bill was returned to the Orders of the Day for the next session.

PAPER FROM THE HOUSE
Engrossed Bill.

An engrossed Bill relative to the charter of the city known as the town of Franklin (see House, No. 4845, 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. Donnelly) and laid before the Governor for his approbation.

Recess.

There being no objection, at twenty-three minutes past eleven o’clock A.M., the Chair (Mr. Donnelly) declared a recess subject to the call of the Chair; and, at three minutes past twelve o’clock noon, the Senate reassembled, Mr. Donnelly in the Chair.

PAPER FROM THE HOUSE
Engrossed Bill.

An engrossed Bill authorizing the city of Worcester to establish a pilot program for enforcement against illegal dumping (see Senate, No. 2609) (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. Donnelly) and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Hedlund,--

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

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