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 19, 2009.

Met at twenty-three minutes before two o’clock P.M.

The President, members, guests and employees then recited the pledge of allegiance to the flag.

PAPERS FROM THE HOUSE.

A Bill relative to the board of registration of social workers (House, No. 4262,— on House, No. 174),— was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

A Bill authorizing the town of Hingham to grant an additional liquor license for the sale of all alcoholic beverages to be drunk on the premises (House, No. 4268,— 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 severally considered forthwith and adopted, as follows:—
Resolutions (filed by Ms. Creem, Messrs. Berry, Brewer and Brown, Ms. Candaras, Ms. Chandler, Messrs. Donnelly and Downing, Ms. Flanagan, Messrs. Galluccio and Hart, Ms. Jehlen, Messrs. Joyce and Kennedy, Ms. Menard, Messrs. Michael O. Moore, Richard T. Moore, O’Leary, Panagiotakos and Rosenberg, Ms. Spilka, Messrs. Tarr, Timilty, Tisei and Tolman and Ms. Tucker) “commemorating the celebration of Chanukah 2009”;
Resolutions (filed by Mr. Pacheco) “congratulating Anthony Edward Barbato on his elevation to the rank of Eagle Scout”; and
Resolutions (filed by Mr. Pacheco) “congratulating the Taunton Sports Club, Inc. on its fiftieth anniversary.”

Communication.

The Clerk read the following communication:

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

November 19, 2009.

Mr. William F. Welch
Clerk of the Senate
State House, Room 335
Boston, MA 02133

Dear Mr. Clerk,

During the formal session held on Wednesday, November 18, 2009, I was absent from the chamber when a roll call vote was taken. Please note that had I been present, I would have voted in the affirmative on overriding Governor Deval Patrick’s veto of Section 2C.I of House No. 4288.

I respectfully request that this be printed in the Senate Journal. Thank you.

Sincerely,
JACK HART,
State Senator.

On motion of Mr. Richard T. Moore, the above communication was ordered printed in the Journal of the Senate.

Reports of a Committee.

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 Senate Bill designating a certain bridge in the town of Uxbridge as the Titus Ebbeling Memorial Bridge (Senate, No. 2159).
There being no objection, the rules were suspended, on motion of Mr. Richard T. Moore, and the bill 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.

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 certain bridge in the city of Malden (House, No. 3209).
There being no objection, the rules were suspended, on motion of Mr. Donnelly, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act designating a certain bridge in the city of Malden as the DiPaola Brothers Veterans Bridge”.

PAPERS FROM THE HOUSE.

Petitions were severally referred, in concurrence, as follows, to wit:
Petition (accompanied by bill, House, No. 4360) of Ronald Mariano relative to the boundaries of the Fore River designated port area;
Under suspension of Joint Rules 9 and 12, to the committee on Environment, Natural Resources and Agriculture.
Petition (accompanied by bill, House, No. 4361) of Paul McMurtry for legislation establishing a sick leave bank for Olivia Mulhall, an employee of the Department of the Trial Court;
Under suspension of Joint Rule 12, to the committee on the Judiciary.
Petition (accompanied by bill, House, No. 4362) of Cleon H. Turner and Robert A. O’Leary establishing a sick leave bank for Laraine Nasif, an employee of the Department of Revenue; and
Petition (accompanied by bill, House, No. 4363) of Robert P. Spellane establishing a sick leave bank for Patricia Cahill;
Severally under suspension of Joint Rule 12, to the committee on Public Service.
Petition (accompanied by bill, House, No. 4364) of David B. Sullivan and Joan M. Menard naming the inpatient library at the Corrigan Mental Health Center;
Under suspension of Joint Rule 12, to the committee on State Administration and Regulatory Oversight.

Engrossed Bill.

An engrossed Bill relative to the Sandwich Visitor Services Board (see Senate, No. 2074) (which originated in the Senate), 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 President and laid before the Governor for his approbation.

A Bill implementing fiscal stability measures for fiscal year 2010 (House, No. 4359,— on House, No. 4348),— was read.
There being no objection, the rules were suspended, on motion of Mr. Richard T. Moore, and the bill was read a second time.
Pending the question on ordering the bill to a third reading, Mr. Brewer presented an amendment striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2218.
The amendment was adopted.
The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

Recess.

There being no objection, at one minute before two o’clock P.M., the President declared a recess; and at twenty-three minutes before five o’clock P.M., the Senate reassembled, Mr. Timilty in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted.

An engrossed Bill establishing fiscal stability measures for fiscal year 2010 (see House, No. 4359, 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 3 to 0.
The bill was signed by the Acting President (Mr. Timilty) and sent to the House for enactment.

The Senate Bill regulating the sport of mixed martial arts (Senate, No. 998),— 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 4290.
The rules were suspended, on motion of Mr. McGee, and the House amendment was considered forthwith and adopted, in concurrence (as corrected BTR).

A petition (accompanied by bill, House, No. 4365) of Angelo M. Scaccia for legislation to establish a sick leave bank for Vanessa Williams, an employee of the Division of Medical Assistance,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Service.

Engrossed Bill.

An engrossed Bill establishing fiscal stability measures for fiscal year 2010 (see House, No. 4359, 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. Timilty) and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. McGee,—

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 Mr. Tarr, at seventeen minutes before five o’clock P.M., the Senate adjourned to meet again on Monday next at eleven o’clock A.M.