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 22, 2009.

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

The Chair (Mr. Timilty), members, guests and employees then recited the pledge of allegiance to the flag.

Reports of Committees.

By Mr. Donnelly, for the committee on Veterans and Federal Affairs, on petition, Resolutions memorializing the Congress of the United States to address the escalating electronic payment interchange rates that merchants and consumers are assessed (Senate, No. 2013);
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By the same Senator, for the same committee, on petition, a Bill relative to the Veterans Hall of Fame (Senate, No. 2012);
Read and, under Joint Rule 29, referred to the committees on Rules of the two branches, acting concurrently.

By Mr. Donnelly, for the committee on Veterans and Federal Affairs, on petition, a Bill relative to the Massachusetts Medal of Sacrifice (Senate, No. 2004);
Read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

By Mr. Morrissey, for the committee on Consumer Protection and Professional Licensure, on petition, a Bill to authorize the town of Wenham to grant certain licenses for the sale of wine and malt beverages not to be drunk on the premises (Senate, No. 2082) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Committees Discharged.

Mr. Berry, for the committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration
Of the Senate Bill relative to studying electronic methods to make municipalities more cost effective (Senate, No. 788); and
Of the Senate Resolutions urging Congress to eliminate the two year waiting period for those eligible for SSDI coverage (Senate, No. 2009);
And recommending that the same severally be referred to the Senate committee on Ethics and Rules.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.

PAPERS FROM THE HOUSE.

A message from His Excellency the Governor (under Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to validating the actions taken at the annual town election in the town of Plympton (accompanied by bill, House, No. 4286),— was referred, in concurrence, to the committee on the Judiciary.

A Bill authorizing the Commissioner of Capital Asset Management and Maintenance to convey certain land in the town of Agawam (House, No. 4289,—on House, No. 3507),— was read and, under Joint Rule 1E, referred to the committee on Bonding, Capital Expenditures and State Assets.

A Bill relative to kayak safety (House, No. 2281,— on petition),— was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Notice was received from the Minority Leader of the House of Representatives announcing the following appointment:
That Representative Ross of Wrentham had been appointed to the special 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.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:—
Resolutions (filed by Ms. Creem) “celebrating the fifteenth anniversary season of the New Philharmonia Orchestra of Newton.”

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1053

October 21, 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 October 20, 2009. I was absent from the Chamber because of an accident in the parking garage earlier in the day, and was being treated at Massachusetts General Hospital at the time the votes were taken. If I had been in the Chamber, I would have voted nay on Senator Hedlund’s amendment, regarding 40B profits, to H.4288: An Act Making Supplemental Appropriations for fiscal 2009. In addition, I would have voted to engross H.4288 and in the affirmative on enactment of H.1885, authorizing the lease of conservation land in the town of Easton.

Thank you for your prompt attention to this matter.

Sincerely,
JENNIFER L. FLANAGAN,
State Senator,
Worcester & Middlesex District.

On motion of Mr. Hedlund, the above communication was ordered printed in the Journal of the Senate.

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 establishing the Sandwich Economic Initiative Corporation (Senate, No. 2073),— 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 designating the building of the State Laboratory Institute as the Dr. William A. Hinton Laboratory (House, No. 3007).
The rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

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 Stanley C. Rosenberg, Peter V. Kocot, Christopher J. Donelan, Marie St. Fleur and other members of the General Court for legislation relative to news carriers.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Labor and Workforce Development.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Petitions were severally referred, in concurrence, as follows, to wit:
Petition (accompanied by bill, House, No. 4292) of Thomas P. Conroy for legislation to amend municipal borrowing procedures;
Under suspension of Joint Rule 12, to the committee on Municipalities and Regional Government.
Petition (accompanied by bill, House, No. 4293) of James E. Vallee, Martha Coakley, Attorney General, and others relative to economic crimes involving monetary instruments or other property known to be derived from criminal activity;
Under suspension of Joint Rule 12, to the committee on the Judiciary.

Order Adopted.

On motion of Mr. Hedlund,—

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