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 24, 2009.

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

Distinguished Guests.

There being no objection, the Chair (Mr. Timilty) introduced in the rear of the Chamber, a group of students from a social studies class at Wakefield High School. Also with the class was a group of exchange students from Switzerland that are spending time in the United States and learning about the different aspects of state government. They were accompanied by teachers Paula Guttadauro and Andy Moody. They were guests of Senator Tisei. The Senate welcomed them with applause and they withdrew from the Chamber.

PAPERS FROM THE HOUSE.

Petitions were severally referred, in concurrence, as follows:
A petition (accompanied by bill, House, No. 4257) of Thomas P. Conroy (by vote of the town) that the town of Lincoln be authorized to place on the ballot a question relative to the sale of wine and malt beverages to be drunk on the premises;
To the committee on Consumer Protection and Professional Licensure.
A petition (accompanied by bill, House, No. 4256) of Thomas P. Conroy (by vote of the town) relative to the date town officials assume office in the town of Wayland;
To the committee on Election Laws.

Bills
Authorizing the lease of conservation land in the town of Easton for agricultural purposes and to establish the Tufts Farm Maintenance Fund (House, No. 1885,— on petition) [Local approval received]; and
Authorizing the town of Winchester to issue 5 licenses for the sale of all alcoholic beverages to be drunk on the premises for restaurants containing 70 or more seats (House, No. 4259,— on House, No. 1905) [Local approval received on House, No. 1905];
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) “honoring Tom Porter on his retirement as President and CEO of Morton Hospital and Medical Center.”

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 Senate Bill authorizing the city of Salem to issue additional licenses for the sale of alcoholic beverages to be drunk on the premises (Senate, No. 2093) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

Reports of Committees.

Mr. Berry, 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 validating the town of Sherborn’s annual town election held on May 12, 2009 (printed in House, No. 4222).
The rules were suspended, on motion of Mr. Tisei, and the bill 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 validating the action taken at the town of Sherborn’s annual town election held on May 12, 2009”.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to vocational education (Senate, No. 253),— ought to pass, with an amendment in section 1, by striking out the last sentence; by striking out section 2; and by inserting before the enacting clause the following emergency preamble:—
“Whereas, The deferred operation of this act would tend to defeat its purpose, which is to increase forthwith access to vocational education programs, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 253, 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 Senate Bill establishing a sick leave bank for Maureen Wright, an employee of the Department of Mental Retardation (Senate, No. 2058),— 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.”; and by inserting before the enacting clause the following emergency preamble:—
“Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith a sick leave bank for a certain employee of the department of developmental services, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2058, amended) was then ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act establishing a sick leave bank for Maureen Wright, an employee of the Department of Developmental Services”.
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 Deborah Armstrong, an employee of the Trial Court (House, No. 4209),— 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 trial court.”; and by striking out the enacting clause and inserting in place thereof the following emergency preamble:—
“Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith a sick leave bank for a certain employee of the trial court, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means. The bill was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Susan Harper, an employee of the Department of Developmental Services (House, No. 4211),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

PAPER FROM THE HOUSE.
Engrossed Bill.

An engrossed Bill relative to a certain license for the sale of all alcoholic beverages to be drunk on the premises in the city of New Bedford (see House, No. 4183, 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. Timilty) and laid before the Governor for his approbation.

Recess.

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

PAPERS FROM THE HOUSE.
Engrossed Bills.

The following engrossed bills (both of which originated in the House), 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. Timilty) and laid before the Governor for his approbation, to wit:
Authorizing the city of Salem to grant an additional license for the sale of wines and malt beverages to be drunk on the premises (see House, No. 1128); and
Validating the election calendar in the city of Salem (see House, No. 4112).

Recess.

There being no objection, at eight minutes before twelve o’clock noon, the Chair (Mr. Timilty) declared a recess subject to the call of the Chair; and, at eleven minutes before two o’clock P.M., the Senate reassembled, Mr. Timilty in the Chair.

PAPERS FROM THE HOUSE.

The Senate Bill relative to sheriffs (Senate, No. 2121),— came from the House passed to be engrossed, in concurrence, with an amendment striking out all after the enacting clause and inserting in place thereof the text of House document numbered 4260, as amended.
The rules were suspended, on motion of Mr. Tarr, and the House amendment was considered forthwith and adopted, in concurrence (as corrected BTR).

Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Susan Harper, an employee of the Department of Developmental Services (see House, No. 4211), 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 (Mr. Timilty) and sent to the House for enactment.

Engrossed Bill.

An engrossed Bill validating the action taken at the town of Sherborn’s annual town election held on May 12, 2009 (see House Bill, printed in House, No. 4222) (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, two-thirds of the members present having voted in the affirmative, and signed by the Acting President (Mr. Timilty) and laid before the Governor for his approbation.

Recess.

There being no objection, at seven minutes before two o’clock P.M., the Chair (Mr. Timilty) declared a recess subject to the call of the Chair; and, at three minutes before three o’clock P.M., the Senate reassembled, Mr. Timilty in the Chair.

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill relative to sheriffs (see Senate, No. 2121, amended), 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 (Mr. Timilty) and sent to the House for enactment.
Subsequently, the bill, which originated in the House, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the Acting President (Mr. Timilty) and laid before the Governor for his approbation.

Engrossed Bill.

An engrossed Bill establishing a sick leave bank for Susan Harper, an employee of the Department of Developmental Services (see House, No. 4211) (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. Timilty) and laid before the Governor for his approbation.

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 three minutes past three o’clock P.M., the Senate adjourned to meet again on Monday next at eleven o’clock A.M.