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, October 12, 2010.

Met according to adjournment 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.

Report of a Committee.

By Mr. Downing, for the committee on Revenue, on Senate, Nos. 629, 759, 1226, 1229, 1230, 1231, 1232, 1233, 1234, 1235, 1236, 1237, 1238, 1239, 1240, 1241, 1242, 1243, 1244, 1245, 1246, 1247, 1248, 1249, 1250, 1251, 1252, 1253, 1254, 1255, 1256, 1257, 1258, 1259, 1260, 1261, 1262, 1263, 1264, 1265, 1266, 1267, 1268, 1269, 1270, 1271, 1272, 1273, 1274, 1275, 1276, 1277, 1278, 1279, 1280, 1281, 1282, 1283, 1284, 1285, 1286, 1287, 1288, 1289, 1290, 1291, 1292, 1293, 1294, 1295, 1296, 1297, 1298, 1299, 1300, 1301, 1303, 1304, 1305, 1306, 1307, 1308, 1309, 1310, 1311, 1312, 1313, 1314, 1315, 1316, 1317, 1318, 1319, 1320, 1321, 1322, 1323, 1324, 1325, 1326, 1327, 1328, 1329, 1330, 1331, 1332, 1333, 1334, 1335, 1336, 1337, 1338, 1339, 1340, 1341, 1342, 1343, 1344, 1345, 1346, 1347, 1348, 1349, 1350, 1351, 1352, 1353, 1354, 1355, 1356, 1357, 1358, 1359, 1360, 1361, 1362, 1363, 1364, 1365, 1366, 1367, 1368, 1369, 1370, 1371, 1372, 1373, 1374, 1375, 1376, 1377, 1378, 1379, 1380, 1381, 1382, 1383, 1384, 1385, 1386, 1387, 1388, 2248, and 2249, an Order relative to authorizing the joint committee on Revenue to make an investigation and study of certain current Senate documents relative to the raising of revenue for the Commonwealth by means of taxation, certain matters relating to the local property tax and such similar matters as have been referred to said committee (Senate, No. 2635);
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 severally considered forthwith and adopted, as follows:-
Resolutions (filed by Ms. Chang-Diaz) “honoring Grand Master Anthony I. Jakes, Sr. of the Prince Hall Grand Masonic Lodge of Massachusetts”; and
Resolutions (filed by Mr. Panagiotakos and Ms. Tucker) “recognizing Mico Kaufman as the first recipient of the James McNeill Whistler Distinguished Artist Award.”

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

The Chair (Mr. Petruccelli) 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.

Report of a Committee.

Mr. Montigny, for the committee on Bills in the Third Reading, to whom was referred the amendment recommended by His Excellency the Governor to the engrossed Bill authorizing property tax exemption for certain small sheds and outbuildings in the town of Carver (see Senate, No. 2255) [for message, see Senate, No. 2634],-- reported, recommending that if the Senate adopts said amendment, it be adopted in the following form:-
By adding the following sentence: “This exemption shall only apply to sheds and outbuildings on the site of a manufactured home which is exempt from taxation pursuant to clause Thirty-Sixth of section 5 of chapter 59 of the General Laws.”
Senate Rule 36 was suspended, on motion of Mr. Knapik, and the report was considered forthwith and accepted.
The Chair (Mr. Petruccelli) stated that the bill was “before the General Court and subject to amendment and re-enactment”.
On further motion of Mr. Knapik, the Senate adopted the amendment recommended by His Excellency the Governor (as corrected by the committee on Bills in the Third Reading).
The bill was sent to the House for its action.

PAPERS FROM THE HOUSE
Engrossed Bill - Amended

The engrossed Bill further regulating debt collection (see Senate, No. 2557) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,-- was laid before the Senate.
On motion of Mr. Knapik, Senate Rule 49 was suspended.
Ms. Jehlen presented a motion that the engrossed bill be amended in section 2 by striking out the word “non-exempt” and inserting in place thereof the following word:- “exempt”.
The amendment was adopted.
Sent to the House for concurrence in the amendment.

Petitions were severally referred, in concurrence, as follows, to wit:
Petition (accompanied by bill, House, No. 5046) of Charles A. Murphy, John A. Hart, Jr. and Brian Wallace for legislation to establish a sick leave bank for Patrick Ceurvels, an employee of the Trial Court;
Under suspension of Joint Rule 12, to the committee on the Judiciary.
Petition (accompanied by House, No. 5047) of Stephen L. DiNatale for legislation to establish a sick leave bank for Nanette Bradley, an employee of the Department of Children and Families;
Under suspension of Joint Rule 12, to the committee on Public Service.

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 forthwith:

The House Bill authorizing the town of Milford to issue an additional license for the sale of wines and malt beverages to be drunk on the premises (House, No. 4936),-- was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Recess.

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

PAPERS FROM THE HOUSE
Emergency Preamble Adopted.

An engrossed Bill making appropriations for the fiscal years 2010 and 2011 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 5028, 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. Petruccelli) and sent to the House for enactment.

Engrossed Bills.

An engrossed Bill authorizing the town of Milford to issue an additional license for the sale of wines and malt beverages to be drunk on the premises (see House, No. 4936) (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.

An engrossed Bill making appropriations for the fiscal years 2010 and 2011 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 5028, 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).


Order Adopted.

On motion of Mr. Knapik,--

Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday 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 before three o’clock P.M., the Senate adjourned to meet again on Thursday next at eleven o’clock A.M.