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.

Friday, November 13, 2009.

Met at four minutes past 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.

Communication.

A communication from the Honorable Gale D. Candaras, under the provisions of General Laws Chapter 268A (received in the Office of the Clerk of the Senate on Thursday, November 12, 2009), — was placed on file.

Reports of Committees.

By Mr. Baddour, for the committee on Transportation, on petition (accompanied by bill, Senate, No. 1885), a Bill relative to transportation (Senate, No. 2202);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Baddour, for the committee on Transportation, on petition (accompanied by bill, Senate, No. 1951), a Bill designating a certain bridge in the city of Taunton as the SGT Shane Duffy Bridge (Senate, No. 2203); and
By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 2188), a Bill designating a certain bicycle path in the city of Fall River and the town of Somerset as the Army Pvt. Michael E. Bouthot Bicycle Path (Senate, No. 2204);
Severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

PAPERS FROM THE HOUSE.

A Bill authorizing the Division of Capital Asset Management and Maintenance to convey, lease and grant easements with respect to certain land in the town of Uxbridge (House, No. 4300, amended,—on House, No. 3838);— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills
Validating the acts and proceedings of the 2009 spring annual town meeting and the 2009 spring special town meeting of the town of Westminster (printed in House, No. 4179,— being a message from His Excellency the Governor); and
Authorizing a special meeting of the town council of the city known as the town of Randolph for the purpose of selecting a town manager (printed in House, No. 4299,— being a message from His Excellency the Governor);
Were severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

A Bill authorizing the to city of Melrose to establish traffic safety zones (House, No. 4055,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Matter Taken Out of the Orders of the Day.

The Senate Bill relative to the appointment of a certain civil service class as firefighters in the city of Boston (Senate, No. 2032),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted.

An engrossed Bill relative to clean energy (see House, No. 4253, 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.

Petitions were severally referred, in concurrence, as follows, to wit:
Petition (accompanied by bill, House, No. 4336) of James M. Murphy that the Department of Correction be authorized to establish a sick leave bank for David Pizzi, an employee of said department; and
Petition (accompanied by bill, House, No. 4337) of F. Jay Barrows relative to establishing a sick leave bank for Bill St. Claire, an employee of the Department of Correction;
Under suspension of Joint Rule 12, severally to the committee on Public Service.
Petition (accompanied by bill, House, No. 4338) of F. Jay Barrows, Elizabeth Poirier and Louis L. Kafka relative to designating a certain bridge in the town of Mansfield in honor of Edward Joseph Pazsit;
Under suspension of Joint Rule 12, to the committee on Transportation.

Report of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to education reform (Senate, No. 2201),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2205).

Order Adopted.

Mr. Panagiotakos offered the following order, to wit:
Ordered, That, notwithstanding Senate Rule 7 or any other rule to the contrary:
(1) The Senate bill relative to education reform (Senate, No. 2201), with the new draft proposed by the Committee on Ways and Means (Senate, No. 2205) pending, shall be placed in the Orders of the Day for Monday, November 16, 2009 for its second reading;
(2) all amendments to the proposed new draft shall be filed electronically in the office of the Clerk of the Senate by 5:00 P.M. on Friday, November 13, 2009;
(3) all such amendments shall be second reading amendments, but further amendments in the third degree to such amendments shall be in order. After the bill as amended is ordered to a third reading, it shall immediately be read a third time and the question shall then immediately be on passing it to be engrossed, and no amendments shall be in order at the third reading of the bill unless recommended by the Committee on Bills in the Third Reading.
Under the rules, referred to the committee on Ethics and Rules.
Subsequently, Mr. Berry, for the said committee, reported, recommending that the order ought to be adopted.
The rules were suspended, on motion of Mr. Tarr, and the order was considered forthwith and adopted by a vote of 2 to 1.
Subsequently, Senate, No. 2201, with the pending Ways and Means new draft (Senate, No. 2205) was placed in the Orders of the Day for the next session for a second reading.

Order Adopted.

On motion of Mr. Tarr,—

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

On motion of the same Senator, at twenty-eight minutes past eleven o’clock A.M., the Senate adjourned to meet again on Monday next at one o’clock P.M.