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 3, 2009.

Met at three minutes past eleven o’clock A.M. (Ms. Chang-Diaz 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 (Ms. Chang-Diaz), members, guests and employees then recited the pledge of allegiance to the flag.

Petitions.

Petitions were presented and referred, as follows:
By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2138) of Marc R. Pacheco (by vote of the town) for legislation relative to the extension of greyhound racing in Raynham [Local approval received];
Under Senate Rule 20, to the committee on Consumer Protection and Professional Licensure.
By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2139) of Marc R. Pacheco, Thomas J. Calter, Stephen R. Canessa and William M. Straus (by vote of the town) for legislation relative to a land acquisition fund in the town of Middleborough [Local approval received];
By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2140) of Marc R. Pacheco and Susan Williams Gifford (by vote of the town) for legislation relative to the interest rate to be charged upon apportioned betterment assessments for the Weweantic sewer project in the town of Wareham [Local approval received];
By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2141) of Marc R. Pacheco and Susan Williams Gifford (by vote of the town) for legislation relative to interest rates to be charged upon apportioned betterment assessments in the town of Wareham [Local approval received];
By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2143) of Marc R. Pacheco and Susan Williams Gifford (by vote of the town) for legislation to authorize the town of Carver to assess excise taxes on private water suppliers [Local approval received];
By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2144) of Marc R. Pacheco and Susan Williams Gifford (by vote of the town) for legislation relative to property taxes in the town of Carver [Local approval received];
By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2145) of Marc R. Pacheco and Susan Williams Gifford (by vote of the town) for legislation relative to payment of property taxes in the town of Carver [Local approval received.]; and
By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2142) of Bruce E. Tarr, James R. Miceli and Charles Murphy (by vote of the town) for legislation to exempt the town of Wilmington from liability [Local approval received];
Severally under Senate Rule 20, to the committee on Municipalities and Regional Government.
Severally sent to the House for concurrence.

By Ms. Flanagan, a petition (subject to Joint Rule 12) of Jennifer L. Flanagan and Elizabeth A. Malia for legislation to establish a voluntary rehabilitation program for pharmacist and pharmacy interns; and
By Mr. Pacheco, a petition (subject to Joint Rule 12) of Marc R. Pacheco for legislation relative to Wareham Library certification;
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 studying electronic methods to make municipalities more cost effective (Senate, No. 788);
Read and, under Joint Rule 29, referred to the committees on Rules of the two branches, acting concurrently.

By Mr. Eldridge, for the committee on Municipalities and Regional Government, on petition, a Bill relative to municipal borrowing (Senate, No. 791);
Read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

By Mr. Eldridge, for the committee on Municipalities and Regional Government, on petition, a Bill establishing a town manager in the town of Hamilton (Senate, No. 2084) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

PAPERS FROM THE HOUSE.

Bills
Relative to a new public safety facility lease in the town of Burlington (House, No. 4056, changed,— on petition) [Local approval received]; and
Establishing the election calendar in the city of Salem (House, No. 4112,— on petition) [Local approval received];
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 severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Brewer) “recognizing Barney Cummings for his endless dedication to the community and the town of Athol”; and
Resolutions (filed by Ms. Flanagan) “honoring Leo J. Bosselait on the occasion of his ninetieth birthday.”

PAPER FROM THE HOUSE.
Emergency Preambles Adopted.

An engrossed Bill establishing a sick leave bank for Judith Fitzsimmons, an employee of the Trial Court (see House, No. 1886), 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 2 to 0.
The bill was signed by the Acting President (Ms. Chang-Diaz) 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 as follows:
The House Bill authorizing the town of Brookline to lease certain town-owned property (House, No. 3711),— 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 Brookline to lease certain town-owned property (House, No. 3713),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The House Bill relative to the office of chief of the fire department in the town of Brookline (House, No. 3826),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Reports 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 Steven M. Brewer and Todd M. Smola for legislation to release certain land in Brimfield from the operation of an agricultural preservation restriction.
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 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 Susan C. Fargo for legislation relative to bus stops.
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.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.
Engrossed Bills.

The following engrossed bills, 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. Chang-Diaz) and laid before the Governor for his approbation, to wit:
Establishing a sick leave bank for Dolores Tower, an employee of the Department of Developmental Services (see House, No. 1160);
Establishing a sick leave bank for Crystal Pollack, an employee of the Department of Developmental Services (see House, No. 1161);
Establishing a sick leave bank for Judith Fitzsimmons, an employee of the Trial Court (see House, No. 1886); and
Relative to the charter of the town of Provincetown (see House, No. 4135).

Order Adopted.

On motion of Mr. Brown,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Tuesday 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 twelve minutes past eleven o’clock A.M., the Senate adjourned to meet again on Tuesday next at eleven o’clock A.M.