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, December 6, 2010.

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

Communication.

The following communications were severally received and placed on file:

A communication from the Honorable Therese Murray, President of the Senate, announcing the appointment of Senators Richard T. Moore and Karen E. Spilka to the Special Commission established (pursuant to Section 3 of Chapter 58 of the Acts of 2006) to make an investigation and study of reducing or eliminating the contribution made by contributing employers to the Uncompensated Care Trust Fund;
A communication from the Honorable Therese Murray, President of the Senate, announcing the appointment of the Honorable Jennifer L. Flanagan as her designee (pursuant to Governor’s Executive Order of January 11, 2008) to the Inter-agency Council on Substance Abuse; and
A communication from the Massachusetts District Attorneys Association announcing the appointment of MCAA President and Bristol District Attorney C. Samuel Sutter to the Special Commission established (pursuant to Section 6 of Chapter 54 of the Acts of 2005) to make an investigation and study of the imposition of civil penalties on certain offenses within the Commonwealth.

Report of a Committee

By Mr. Morrissey for the committee on Telecommunications, Utilities and Energy, on the recommitted petition, a Bill clarifying the application of Chapter 156B (Senate, No. 2613);
Read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

PAPERS FROM THE HOUSE

Petitions were severally referred, in concurrence, as follows, to wit:
Petition (accompanied by bill, House, No. 5090) of Linda Dean Campbell (with the approval of the mayor and city council) relative to the sale of bonds and notes by the city of Methuen for the purpose of funding the deficit of the health insurance trust fund of said city; and
Petition (accompanied by bill, House, No. 5096) of John W. Sciback (by vote of the town) relative to revising the membership of the town meeting in the town of South Hadley;
Severally to the committee on Municipalities and Regional Government.

Petition (accompanied by bill, House, No. 5097) of James Dwyer, Jay R. Kaufman and others (with the approval of the mayor and city council) relative to the acceptance of certain streets as public ways in the city of Woburn;
To the committee on Transportation.

Bills
Establishing a sick leave bank for Brian C. Linehan, an employee of the Department of Revenue (House, No. 5067, amended-- on petition);
Establishing a sick leave bank for Tanya Robideau, an employee of the Massachusetts Department of Correction (House, No. 5079, amended-- on petition);
Relative to motor vehicle glass repair shop registration (House, No. 5080,-- on House, Nos. 883 and 4583); and
Establishing a sick leave bank for Maurice Jandreau, an employee of the Trial Court (House, No. 5083, -- on petition);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill relative to the town of Tisbury Water Supply System (House, No. 5014,-- on petition) [Local approval received],-- was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Notice was received from the Speaker of the House of Representatives announcing the following appointment:
That the Minority Leader had announced that Representative-Elect Vieira of Falmouth has replaced Representative Perry of Sandwich, to serve as his designee to the special commission established (under Section 22 of Chapter 61 of the Acts of 2009) to study the reorganization or consolidation of sheriffs’ offices.

Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Laraine Nasif, an employee of the Department of Revenue (see House, No. 4362), 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. McGee) and sent to the House for enactment.

Report 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 relative to group health insurance (Senate, No. 489),-- was read a second time, ordered to a third reading, read a third time and was passed to be engrossed.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE
Engrossed Bills.

The following engrossed bills (the first seven 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. McGee) and laid before the Governor for his approbation, to wit:

Clarifying the term “warehouser or other storage facility” (see Senate, No. 1791);
Authorizing the town of Carver to divert funds from the conservation fund (see Senate, No. 2095);
Relative to payment of property taxes in the town of Carver (see Senate, No. 2145);
Relative to the estate of homestead (see Senate, No. 2406, amended);
Relative to the position of appointed treasurer-collector in the town of Florida (see Senate, No. 2551);
Changing the boundary line between Charlemont and Hawley (see Senate, No. 2628);
Authorizing the city of Melrose to appropriate funds from the Mount Hood Memorial Park and Golf Course Enterprise Fund to pay certain debt service (see Senate, No. 2637);
Authorizing the town of Billerica to establish a Billerica Water Conservation Fund (see House, No. 1918);
Authorizing the town of Sudbury to enter into long-term leases and contracts for renewable or alternative energy, equipment and facilities (see House, No. 4718, amended);
Relative to the town of Littleton Electric Light Department (see House, No. 4741, amended);
Authorizing the town of Belmont to grant licenses for the sale of all alcoholic beverages to be drunk on the premises of certain restaurants (see House, No. 5024, amended).

The House Bill providing for equity for school principals (House, No. 371, changed and amended),-- came from the House with the endorsement that the House had concurred in the Senate amendment with a further amendment striking out all after the enacting clause and inserting in place thereof the following:
“The second paragraph of section 41 of chapter 71 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:— School principals, by whatever title their position may be known, shall not be represented in collective bargaining, but each principal, upon the written request of the principal, shall meet and discuss the terms and conditions of employment in the principal’s school district with the district’s superintendent or the superintendent’s designee, at a time to be determined by the superintendent and may be represented by an attorney or other representative.”
There being no objection, the rules were suspended, on motion of Mr. Timilty and the further House amendment was considered and it was adopted, in concurrence (as corrected BTR).

Order Adopted.

On motion of Mr. Knapik,--

Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday next at eleven o’clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

Moment of Silence.

At the request of the Chair (Mr. McGee), the members, guests and employees stood in a moment of silence and reflection to the memory of First Lieutenant Scott Milley of Sudbury.

Adjournment in Memory of 1st Lieutenant Scott Milley

The Senator from Middlesex, Ms. Fargo and the Senator from Middlesex and Worcester, Mr. Eldridge, requested that when the Senate adjourns today, it adjourn in memory of First Lieutenant Scott Milley of Sudbury.

First Lieutenant Scott Milley, an Army Ranger in the 10th Mountain Division, was killed in the line of duty in Afghanistan on November 30, 2010. He was a 2005 graduate of Lincoln-Sudbury High School, where he was captain of the school hockey team. He excelled in his studies at the University of New Hampshire, where he graduated in 2009 with honors and served as an executive officer in the ROTC program. He was known and respected for his leadership, humility, hard work and commitment to excellence.

Accordingly, as a mark of respect to the memory of First Lieutenant Scott Milley, at twelve minutes past eleven o’clock A.M., on motion of Mr. Timilty, the Senate adjourned to meet again on Thursday next at eleven o’clock A.M.