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.

Tuesday, September 22, 2009.

Met at ten minutes past eleven o’clock A.M. (Mr. Rosenberg in the Chair).

Reports of Committees.

By Mr. Timilty, for the committee on Public Safety and Homeland Security, on petition, a Bill amending the enclosure for public and semipublic outdoor inground swimming pools (Senate, No. 916); and
By the same Senator, for the same committee, on petition, a Bill regarding uniform police identifications cards (Senate, No. 996);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Timilty, for the committee on Public Safety and Homeland Security, on petition, a Bill relative to rock wall climbing safeguards (Senate, No. 959);
By the same Senator, for the same committee, on petition, a Bill relative to kayaks (Senate, No. 974); and
By the same Senator, for the same committee, on Senate, Nos. 941 and 997, a Bill punishing assault and battery by means of a bodily substance upon correctional facility employees (Senate, No. 997);
Severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

PAPERS FROM THE HOUSE

Notice was received from the Speaker of the House of Representatives  announcing the following appointment:         

That Representative Scibak of South Hadley had been appointed to the special commission established (under Chapter 7 of the Resolves of 2008) for the purpose of making an investigation and study relative to the economy in order to create and maintain quality jobs in the Commonwealth;

That Representative Walz of Boston had been appointed to the Charles River Water Quality Commission established (under Chapter 498 of the Acts of 2008) to make an investigation and study relative to improving the conditions necessary to, and determining the feasibility of, bringing the water quality in the Charles river lower basin to a level safe for swimming; and

That Representative Donato of Medford had been appointed to the Regionalization Advisory Commission established (under Chapter 60 of the Acts of 2009) to review all aspects of regionalization including possible opportunities, benefits and challenges to regionalizing services within the Commonwealth.

Recess.

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

The President, members, guests and employees then recited the pledge of allegiance to the flag.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:-
Resolutions (filed by Ms. Flanagan and Mr. Tolman) “recognizing September as National Alcohol and Drug Addiction Recovery Month”; and
Resolutions (filed by Mr. Panagiotakos) “congratulating D’Youville Senior Care for its fifty years of service to the Greater Lowell community.”

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1053
September 23, 2009

The Honorable William Welch
Clerk
Massachusetts State Senate
State House
Boston, MA 02133

Dear Mr. Clerk:

I write regarding votes taken during the Formal Session on September 17, 2009.  I was absent from the Chamber attending an event outside the State House at the time the votes were taken.  If I had been in the Chamber, I would have voted in the affirmative to accept H. 4247, The House Conference Committee Report with regards to An Act to Prevent Further Oil Spills in Buzzards Bay and to engross S. 84, An Act Relative to Reckless Endangerment of Persons with Disabilities.  

Thank you for your prompt attention to this matter.

Sincerely,
Steven A. Tolman

On motion of Ms. Fargo, the above communication was ordered printed in the Journal of the Senate.

Orders of the Day.

The Orders of the Day were considered as follows:

The House Bill relative to filling a temporary vacancy in the United States Senate (House, No. 4246, amended),- was considered, the main question being on ordering the bill to a third reading.
The pending motion, previously moved by Mr. Tisei, to lay the matter on the table,— was considered; and it was negatived.
After remarks, Mr. Hedlund moved that the bill be amended by inserting the following new section:-
“SECTION 2.  This act shall take effect as of July 1, 2010.”
The amendment was rejected.
Mr. Tisei moved that the bill be amended by inserting after section 1 the following section:-
“SECTION 2.  Section 1 shall take effect on January 20, 2010.”
Ms. Menard in the Chair, after debate, the question on adoption of the amendment was determined by a call of the yeas and nays, at eleven minutes past one o’clock P.M., on motion of Mr. Hedlund, as follows, to wit (yeas 7 — nays 32) [Yeas and Nays No. 135]:

INSERT RC “135”

The President in the Chair, the yeas and nays having been completed at a quarter past one o’clock P.M., the amendment was rejected.

Messrs. Tisei, Tarr, Knapik, Hedlund, Brown and Morrissey moved that the bill be amended by inserting at the end thereof the following:-“Any communications relating to the temporary appointment or the consideration of any person for the temporary appointment, by the office of the Governor, shall be considered a public record under the provisions of chapter 66 of the general laws and subject to the provisions contained therein.”
 After debate, the question on adoption of the amendment was determined by a call of the yeas and nays, at twenty-one minutes before two o’clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 7 — nays 32) [Yeas and Nays No. 136]:

INSERT RC “136”

The yeas and nays having been completed at eighteen minutes before two o’clock P.M., the amendment was rejected.
The bill was then ordered to a third reading and read a third time.
After debate, the question on passing the bill to be engrossed, in concurrence, was determined by a call of the yeas and nays, at twenty-eight minutes before three o’clock P.M., on motion of Mr. Pacheco, as follows, to wit (yeas 24 — nays 16) [Yeas and Nays No. 137]:

INSERT RC “137”

The yeas and nays having been completed at twenty-five minutes before three o’clock P.M., the bill was passed to be engrossed, in concurrence.

Resolutions.

The following resolutions (filed by Ms. Chandler and Mr. Rosenberg),- were read and referred to the Committee on Ethics and Rules:

RESOLUTIONS EXPRESSING THE SENSE OF THE SENATE THAT A TEMPORARILY
APPOINTED UNITED STATES SENATOR SHOULD NOT BE A CANDIDATE IN THE ENSUING SPECIAL ELECTION

WHEREAS, THE UNITED STATES CONSTITUTION REQUIRES THAT SENATORS BE ELECTED BY THE PEOPLE OF THEIR HOME STATE WHO THEY WILL REPRESENT IN CONGRESS; AND

WHEREAS, THE UNITED STATES CONSTITUTION EMPOWERS STATES TO FILL VACANCIES IN THE OFFICE OF UNITED STATES SENATOR, ENSURING FULL REPRESENTATION, UNTIL AN ELECTION IS HELD; AND

WHEREAS, IT IS VITAL TO THE PEOPLE AND TO THE INTERESTS OF THE COMMONWEALTH THAT THE PEOPLE OF THE COMMONWEALTH BE REPRESENTED BY 2 UNITED STATES SENATORS AT ALL TIMES; AND

WHEREAS, UNDER THE CURRENT STATUTE A SPECIAL ELECTION CAN NOT BE HELD FOR JUST OVER 4 MONTHS THEREBY LEAVING THE COMMONWEALTH WITHOUT A UNITED STATES SENATOR FOR AN EXCESSIVE PERIOD OF TIME; AND

WHEREAS, THE JOINT COMMITTEE ON ELECTION LAWS HELD A HEARING ON SEPTEMBER 9, 2009 WHEREIN THE TESTIMONY HEARD BY THE COMMITTEE WAS OVERWHELMINGLY IN SUPPORT OF AMENDING THE CURRENT STATUTE TO AUTHORIZE THE GOVERNOR TO MAKE AN INTERIM APPOINTMENT TO THE UNITED STATES SENATE PENDING THE OUTCOME OF A SPECIAL ELECTION; AND

WHEREAS, THE COMMONWEALTH’S CONGRESSIONAL DELEGATION UNANIMOUSLY SUPPORTS AMENDING THE CURRENT STATUTE TO AUTHORIZE THE GOVERNOR TO MAKE AN APPOINTMENT OF AN INTERIM SENATOR PENDING THE SPECIAL ELECTION; AND

WHEREAS, AN APPOINTED SENATOR WILL NOT HAVE BEEN ELECTED BY THE PEOPLE, BUT WILL HAVE BEEN CHOSEN TO TEMPORARILY REPRESENT THE PEOPLE; AND

WHEREAS, SITTING SENATORS ELECTED BY THE PEOPLE OF THE COMMONWEALTH HAVE HISTORICALLY ENJOYED A SUBSTANTIAL ADVANTAGE OF INCUMBENCY; AND

WHEREAS, A TEMPORARY APPOINTMENT MIGHT PROVIDE AN APPOINTEE WITH A SIMILAR ADVANTAGE WITHOUT THE PEOPLE HAVING EXPRESSED THEIR WILL; AND

WHEREAS, THE INTENT OF THE SENATE IN AMENDING THE CURRENT STATUTE TO AUTHORIZE THE GOVERNOR TO APPOINT AN INTERIM SENATOR PENDING THE SPECIAL ELECTION IS THAT THE INTERIM APPOINTEE SHALL NOT BE A CANDIDATE IN THE SPECIAL ELECTION AND SHALL NOT ACTIVELY CAMPAIGN ON BEHALF OF ANY CANDIDATE; AND

WHEREAS
, THE GENERAL COURT HAS ENGROSSED LEGISLATION AMENDING THE CURRENT STATUTE TO AUTHORIZE THE GOVERNOR TO APPOINT AN INTERIM SENATOR TO REPRESENT THE COMMONWEALTH UNTIL THE SPECIAL ELECTION; NOW THEREFORE BE IT

RESOLVED, THAT THE MASSACHUSETTS SENATE STRONGLY DISCOURAGES A SENATOR WHO TAKES OFFICE AS A RESULT OF A GUBERNATORIAL APPOINTMENT FROM BECOMING A CANDIDATE OR ENDORSING ANY CANDIDATE IN THE SPECIAL ELECTION THAT IMMEDIATELY FOLLOWS SUCH AN APPOINTMENT; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THESE RESOLUTIONS SHALL BE MADE PUBLIC.;
Mr. Berry, for the said committee on Ethics and Rules, reported, recommending that the resolutions ought to be adopted.
There being no objection, the rules were suspended, and the resolutions were considered forthwith and adopted.

Matter Taken Out of the Notice Section of the Calendar.

There being no objection, the following matter was taken out of the Notice Section of the Calendar and considered, as follows:

The Senate Bill establishing a town manager in the town of Hamilton (Senate, No. 2084),- was read a third time and was passed to be engrossed.
Sent to the House for concurrence.

Report 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 Marc R. Pacheco for legislation relative to Wareham Library Certification;
The rules were suspended, on motion of Ms. Menard, 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.

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1053
September 21, 2009

Mr. William F. Welch
Clerk of the Senate
State House, Room 335
Boston, MA 02133

Dear Mr. Clerk:

During the formal session held on Thursday, September 17, 2009, I was absent from the chamber serving in my capacity as a Vice President of the National Conference of State Legislatures on a study tour of alternative energy options.

Consequently, I was not recorded on several roll call votes.  Had I been present, I would have voted in the following manner:

H 4247 – Buzzards Bay Conference Committee Report – Yes
S 84 – Reckless Endangerment of Persons with Disabilities – Yes

I respectfully request that a copy of this letter be printed in the Journal of the Senate.  Thank you in advance for your assistance.

Sincerely,
RICHARD T. MOORE
State Senator
Worcester & Norfolk District

On motion of Mr. Michael O. Moore, the above communication was ordered printed in the Journal of the Senate.

PAPER FROM THE HOUSE
Engrossed Bill.

An engrossed Bill relative a new public safety facility lease in the town of Burlington (see House, No. 4056, changed) (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.

Order Adopted.

On motion of Mr. Rosenberg,—

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at eleven o’clock A.M., in a full formal session.

Adjournment in Memory of Joan Hertzmark

The Senator from Middlesex and Norfolk, Ms. Creem, requested that when the Senate adjourns today, it adjourn in memory of Joan Hertzmark, formerly of Brookline.

Joan Hertzmark passed away on Monday, September 7, 2009.  After graduating from Emerson College and Harvard University, Joan was a dedicated activist in the town of Brookline, Massachusetts.  A former Chair of the Brookline Democratic Town Committee, she was passionate about political volunteerism, as evidenced by her commitment to helping in every presidential campaign since Franklin D. Roosevelt’s last term in office.

Joan was the beloved wife of the late William S. Hertzmark.  She is survived by her niece, Judith Erez and her cousin, John Servetnick and his wife, Barbara.  Joan Hertzmark will be fondly remembered and missed by her family, friends, and by the Brookline community.

Accordingly, as a mark of respect to the memory of Joan Hertzmark, at twenty minutes before three o’clock P.M., on motion of Mr. Berry, the Senate adjourned to meet again tomorrow at eleven o’clock A.M.