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, October 1, 2009.

Met at 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.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:
A petition (accompanied by bill, House, No. 4267) of Dennis A. Rosa (with the approval of the mayor and city council) that the city of Leominster be authorized to grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises; and
A petition (accompanied by bill, House, No. 4268) of Garrett J. Bradley and Robert L. Hedlund (by vote of the town) that the town of Hingham be authorized to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises;
Severally to the committee on Consumer Protection and Professional Licensure.

A petition (accompanied by bill, House, No. 4264) of Viriato Manuel deMacedo (by vote of the town) relative to the transfer of certain conservation land in the town of Plymouth; and
A petition (accompanied by bill, House, No. 4265) of James J. O’Day, Harriette L. Chandler and others (with the approval of the mayor and city council) that the city of Worcester be authorized to borrow money for the purpose of re-planting trees;
Severally to the committee on Municipalities and Regional Government.

Bills
Authorizing the town of Saugus to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises (House, No. 1120,— on petition) [Local approval received]; and
Relative to the charter of the town of Orleans (House, No. 4086,— on petition) [Local approval received];
Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Reports

Of the committee on the Judiciary, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 1747) of Christine E. Canavan, John D. Keenan and others relative to housing discrimination against victims of domestic violence, rape, sexual assault and stalking,— and recommending that the same be referred to the committee on Housing; and
Of the committee on Revenue, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 2825) of Ronald Mariano relative to joint underwriting associations and the excise imposed on its members,— and recommending that the same severally be referred to the committee on Financial Services;
Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Morrissey) “honoring Leo J. Kelly for his many years of dedication and outstanding service to the city of Quincy”; and
Resolutions (filed by Mr. Tisei) “congratulating Temple Beth Shalom of Melrose on the occasion of its rededication and community open house.”

The following resolutions (having been filed with the Clerk) were presented as follows:—
Resolutions (filed by Messrs. Galluccio, Hart, Petruccelli, Donnelly and Pacheco) “supporting Hyatt housekeeping employees.”
Pending the question on adoption of the resolutions, at the request of Mr. Tisei, the resolutions were read. After remarks, Mr. Tisei objected to further actions on the resolutions.
Under the provisions of Senate Rule 26, referred to the committee on Ethics and Rules.

PAPER FROM THE HOUSE.
Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Deborah Armstrong, an employee of the Trial Court (see House, No. 4209, 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 3 to 0.
The bill was signed by the Acting President (Mr. Petruccelli) and sent to the House for enactment.

Report of a Committee.

By Mr. Kennedy, for the committee on Election Laws, on petition, a Bill authorizing a ballot question in the town of Winthrop relative to the granting of licenses for the sale of all alcoholic beverages in certain restaurants (Senate, No. 2150) [Local approval received].
The bill was read. There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time.
Pending the question on ordering the bill to a third reading, Mr. Petruccelli offered an amendment in section 1, in lines 1 and 2, by striking out the words “sections 11A and 17 of chapter 138 of the General Laws or chapter 887 of the acts of 1977” and inserting in place thereof the following words:— “any limitations imposed by section 42C of chapter 54 of the General Laws or section 11 of chapter 138 of the General Laws as to the time and manner of voting on the question”; and in said section 1, by striking out, in lines 12 to 14, inclusive, the words “, except those that provide for a limitation as to the number of licenses permitted or the wording of the question posed to the voters”.
The amendment was adopted.
The bill (Senate, No. 2150, 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 authorizing the town of Winthrop to place a certain question on the ballot relative to the granting of licenses for the sale of all alcoholic beverages to be drunk on the premises of certain restaurants”.

Sent to the House for concurrence.

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 Devens Enterprise Commission to grant a license for the sale of all alcoholic beverages to be drunk on the premises (Senate, No. 2049),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

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 Harriette L. Chandler, John W. Scibak and Marian Walsh for legislation relative to certain limited registrations.
Senate Rule 36 was suspended, on motion of Mr. Galluccio, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Consumer Protection and Professional Licensure.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4269) of Michael J. Rodrigues, Joan M. Menard and Patricia A. Haddad relative to establishing a sick leave bank for Deborah Kotarba, an employee of the Trial Court,— was referred, in concurrence, under suspension of Joint Rule 12, to committee on the Judiciary.

Engrossed Bill.

An engrossed Bill establishing a sick leave bank for Deborah Armstrong, an employee of the Trial Court (see House, No. 4209, 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.

Recess.

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

PAPERS FROM THE HOUSE.
Engrossed Bill.

An engrossed Bill authorizing the town of Winthrop to place a certain question on the ballot relative to the granting of licenses for the sale of all alcoholic beverages to be drunk on the premises of certain restaurants (see Senate, No. 2150, amended) (which originated in the Senate), 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.

Engrossed Bill Returned by Governor With His Objections Thereto.

A message from His Excellency the Governor, returning, with his disapproval of certain language in certain sections contained in the engrossed Bill relative to sheriffs (see Senate, No. 2121, amended) which, on Thursday, September 24, 2009, had been laid before the Governor for his approbation, and which, at thirteen minutes before two o’clock P.M., on Tuesday, September 29, 2009, had been returned by His Excellency, under Section 5 of Article LXIII of the Amendments to the Constitution, to the Senate Clerk, together with his objections thereto in writing.
The message (Senate, No. 2164) was read and, under Senate Rule 27, referred to the committee on Ways and Means.

Order Adopted.

On motion of Mr. Tisei,—

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