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.

Monday, November 9, 2009.

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

Petitions.

Petitions were severally presented and referred, as follows:
By Mr. Richard T. Moore, a petition (accompanied by bill, Senate, No. 2196) of Richard T. Moore, Geraldo Alicea, Paul K. Frost and Paul Kujawski (by vote of the town) for legislation to authorize the town of Oxford to grant an additional license for the sale of wine and malt alcoholic beverages [Local approval received];
Under Senate Rule 20, to the committee on Consumer Protection and Professional Licensure.

By Mr. Richard T. Moore, a petition (subject to Joint Rule 12) of Richard T. Moore for legislation to establish a sick leave bank for Jackie Enno, an employee of the Glavin Regional Center;
Under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Report of a Committee.

By Mr. Richard T. Moore, for the committee on Health Care Financing, on petition (accompanied by bill, House, No. 3453), a Bill establishing the Massachusetts childhood vaccine program and the Massachusetts immunization registry (Senate, No. 2195) [Estimated cost — more than $100,000]; and
By Mr. McGee, for the committee on Public Service, on petition, a Bill establishing a sick leave bank for Paulette Moran, an employee of the Department of Mental Health (Senate, No. 2187);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Richard T. Moore, for the committee on Health Care Financing, that the Senate Bill relative to the modernization of optometric patient care (Senate, No. 1756),— ought to pass [Estimated cost — $0];
Read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Committees Discharged.

Mr. Berry, for the committee on Ethics and Rules, reported, asking to be discharged from further consideration of the Senate Bill to finance health care through moral obligation bonds (Senate, No. 554),— and recommending that the same be referred to the Senate committee on Bonding, Capital Expenditures and State Assets;
Under Senate Rule 36, the report was considered forthwith and accepted.

Ms. Chang-Diaz, for the committee on Tourism, Arts and Cultural Development, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 1866) of Benjamin B. Downing and Jennifer L. Flanagan for legislation to establish pilot artist enterprise zones,— and recommending that the same be referred to the committee on Revenue.
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Petitions were severally referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 4316) of Brian Michael Ashe (with the approval of the mayor and city council) that the city of Springfield be authorized to enter a lease agreement with Forest Park Zoological Society, Inc.;
Petition (accompanied by bill, House, No. 4317) of Barry R. Finegold, Susan C. Tucker and Barbara A. L’Italien (by vote of the town) relative to construction contracts in the town of Andover; and
Petition (accompanied by bill, House, No. 4318) of Barry R. Finegold, Susan C. Tucker and Barbara A. L’Italien (by vote of the town) relative to certain easements in the town of Andover;
Severally to the committee on Municipalities and Regional Government.
Petition (accompanied by bill, House, No. 4319) of Thomas P. Conroy (by vote of the town) that the town of Wayland be authorized to establish a post employment benefits trust fund;
To the committee on Public Service.

A Bill designating a certain bridge in the city of Malden (House, No. 3209,— on petition),— was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

A Bill to establish a department of public works in the town of Hadley (House, No. 1913,— on petition) [Local approval received],— was 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. Morrissey) “celebrating the one hundred and twenty-fifth anniversary of the First Presbyterian Church.”

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 House Bill relative to the interest rate to be charged upon apportioned betterment assessments for water and sewer projects in the town of Mattapoisett (House, No. 1910),— was read a third time and passed to be engrossed, in 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 a portion of Route 140 as the Korean War Veterans’ Memorial Roadway (House, No. 4215).
The rules were suspended, on motion of Mr. Knapik, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Petition.

On motion of Mr. Knapik, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Galluccio (accompanied by bill) of Anthony D. Galluccio, Eugene O’Flaherty and Kathie-Anne Reinstein for legislation relative to local contributions from the stabilization fund to the city of Chelsea,— and the same was referred to the committee on Education.
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. 4324) of Linda Dorcena Forry relative to the pooling of tips for certain service employees;
Under suspension of Joint Rule 12, to the committee on Labor and Workforce Development.
Petition (accompanied by bill, House, No. 4325) of Denis E. Guyer for legislation to designate a certain bridge in the town of Dalton as the Second Lieutenant Michael J. Casey, Sr. Memorial Bridge;
Petition (accompanied by bill, House, No. 4326) of Geraldo Alicea, Anne M. Gobi and others for legislation to regulate the closing of branch offices of the Registry of Motor Vehicles; and
Petition (accompanied by bill, House, No. 4327) of Geraldo Alicea, Anne M. Gobi and others that the Registry of Motor Vehicles be required to hold a certain public hearing in the town of Southbridge;
Severally under suspension of Joint Rule 12, to the committee on Transportation.

Recess.

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

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Richard Donati, an employee of the Department of Correction (see Senate, No. 2157, 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. Tolman) and sent to the House for enactment.

Engrossed Bills.

The following engrossed bills (the first of which originated in the Senate), 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. Tolman) and laid before the Governor for his approbation, to wit:
Designating a certain bridge in the city of Fall River and the town of Somerset as the Veterans Memorial Bridge (see Senate, No. 2124);
Relative to the election of the members of the board of public works of the town of Hopkinton (see House, No. 1909); and
Relative to the charter of the town of Orleans (see House, No. 4086).

Order Adopted.

On motion of Mr. Knapik,—

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

On motion of the same Senator, at seven minutes before one o’clock P.M., the Senate adjourned to meet again tomorrow at one o’clock P.M.