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, November 18, 2010.

Met at three 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.

Distinguished Guests.

There being no objection, the Chair (Mr. Petruccelli) introduced, seated in the gallery, the 2010 Division 3 Golf State Champions from Weston High School. The team was accompanied by their coach, Mary O’Brien. The Senate applauded their accomplishments and they withdrew from the gallery. They were guests of Senator Fargo and Representative Peisch.

Communications.

The following communications were severally received and placed on file:

A communication from the Honorable Robert A. Mulligan, Chief Justice for Administration and Management of the Trial Court, announcing the appointment (pursuant to Section 6 of Chapter 54 of the Acts of 2005) of Dr. Francis J. Carney, Jr., Executive Director, as the Trial Court representative to the Civil Infraction Commission;

A communication from the Honorable William Francis Galvin, Secretary of the Commonwealth, submitting (pursuant to Section 50B of Chapter 175 of the General Laws and Chapter 176 of the Acts of 2010) the Restated Articles of Organization of the Savings Bank Life Insurance Company of Massachusetts (received in the Office of the Clerk of the Senate on Tuesday, November 16, 2010 at ten minutes before five o’clock P.M.); and

A communication from the Honorable Richard R. Tisei, Senate Minority Leader, announcing the appointment of the Honorable Richard J. Ross to the Special Commission established (pursuant to Section 22 of Chapter 61 of the Acts of 2009) to make an investigation and study relative to the reorganization or consolidation of sheriffs’ offices.

Report.

A report of the Norfolk District Registry of Deeds (under the provisions of Section 4 of Chapter 4 of the Acts of 2003 and Section 2KKK of Chapter 29 of the General Laws) submitting its plan for expenditure from the County Registers Technological Fund (copies having been forwarded as required to the Senate Committees on Ways and Means and Post Audit and Oversight) (received in the Office of the Clerk of the Senate on Wednesday, November 10, 2010),-- was placed on file.

Petition.

Mr. Tarr presented a petition (subject to Joint Rule 12) of Bruce E. Tarr and James R. Miceli for legislation to establish a sick leave bank for Beverley O’Riordan, an employee of the Department of Elementary and Secondary Education;
Referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

PAPERS FROM THE HOUSE

Petitions were severally referred, in concurrence, as follows, to wit:
Petition (accompanied by bill, House, No. 5068) of Bradley H. Jones, Jr. and others (by vote of the town) for legislation that the town of Reading be authorized to issue an additional license for the sale of all alcoholic beverages not to be drunk on the premises;
To the committee on Consumer Protection and Professional Licensure.
Petition (accompanied by bill, House, No. 5069) of Christopher J. Donelan and Stephen M. Brewer (by vote of the town) for legislation that the town of Orange be authorized to issue bonds and notes for the purpose of fully funding the Group Health Insurance Trust Fund; and
Petition (accompanied by bill, House, No. 5070) of Bradley H. Jones, Jr. and Bruce E. Tarr (by vote of the town) for legislation that the town of Reading be authorized to change the date of the annual town meeting in said town;
Severally to the committee on Municipalities and Regional Government.

Matters Taken Out of the Orders of the Day.

There being no objection, the following matters were taken out of the Orders of the Day and considered, as follows:

The Senate Bill providing for the establishment of a fire department in the town of Newbury (Senate, No. 2516),-- was read a second time, ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill authorizing the town of Cummington to continue the employment of Police Chief Dennis W. Forgea (Senate, No. 2632),-- was read a second time.
Pending the question on ordering the bill to a third reading, Mr. Downing presented an amendment striking out section 1 and inserting in place thereof the following section:-
“SECTION 1. Notwithstanding any general or special law to the contrary, the town of Cummington may continue the employment of Dennis W. Forgea as the chief of the town’s police department until June 30, 2015, the date of his retirement or his non-reappointment by the board of selectmen; provided, however, that no further deductions shall be made from the regular compensation of Dennis W. Forgea under chapter 32 of the General Laws for service subsequent to November 4, 2010.”
The amendment was adopted.
The bill (Senate, No. 2632, amended) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE

The House Bill relative to authorizing the town of Danvers to grant an additional license for the sale of wine and malt beverages (House, No. 4817, amended),-- came from the House with the endorsement that the House had concurred in the Senate amendment in section 1, by striking out, in line 4, the words “Dean Souza d/b/a DiLuigi’s Butcher shop” and inserting in place thereof the following words:- “DiLuigi’s Butcher Shop” with a further amendment in section 1 by inserting after the word “Shop” the following:- “, Inc.”.
The rules were suspended, on motion of Mr. Hedlund, and the Senate concurred in the further House amendment.

Petitions were severally referred, in concurrence, as follows, to wit:
Petition (accompanied by bill, House, No. 5078) of Harriette L. Stanley and Michael A. Costello for legislation to authorize the Governor to designate additional justices of the peace in the towns of Groveland and Rowley;
Under suspension of Joint Rule 12, to the committee on the Judiciary.
Petition (accompanied by House, No. 5079) of Kate Hogan for legislation to establish a sick leave bank for Tanya Robideau, an employee of the Department of Correction;
Under suspension of Joint Rule 12, to the committee on Public Service.

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. Petruccelli) and laid before the Governor for his approbation, to wit:
Exempting the position of deputy chief of police in the city of Somerville from the civil service law (see Senate, No. 2263); and
Authorizing the town of Danvers to grant an additional license for the sale of wines and malt beverages (see House, No. 4816, amended).

The Senate Bill relative to the estate of homestead (Senate, No. 2406),-- came from the House passed to be engrossed, in concurrence with an amendment striking out all after the enacting clause and inserting in place thereof the text of House document numbered 4878, amended.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the House amendment was considered forthwith.

Ms. Creem presented a motion that the Senate concur with the House amendment with further amendments in Section 1, by striking out, in line 72, the words “and levy” and inserting in place thereof the following words:- “, levy and sale for payment of debts and legacies”; in said section 1, by striking out, in line 126, the words “3 and” and inserting in place thereof the following words:- “subsection (a) of section 3 and section”; and by striking out Section 4.”.
The further amendments were adopted.
The Senate then concurred in the House amendment, as amended.
Sent to the House for concurrence in the further amendments.

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 twenty-four minutes before twelve o’clock noon, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.