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, December 10, 2009.

Met at three minutes past eleven o’clock A.M. (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).

The Chair (Mr. Timilty), members, guests and employees then recited the pledge of allegiance to the flag.

Reports of Committees.

By Mr. Petruccelli, for the committee on Environment, Natural Resources and Agriculture, on petition (accompanied by bill, Senate, No. 2072), a Bill authorizing certain development in the Fort Point Channel (Senate, No. 2229); and
By Mr. Joyce, for the committee on State Administration and Regulatory Oversight, on petition, a Bill relative to Wareham Library certification (Senate, No. 2163);
Severally read and, under Senate Rule 27 referred to the committee on Ways and Means.

By Mr. Downing, for the committee on Revenue, on petition, a Bill authorizing the assessors of the city of Quincy to grant tax abatements to certain military personnel (Senate, No. 1302) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

PAPERS FROM THE HOUSE.

A message from His Excellency the Governor (under Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relating to an issue of bonds by the town of Belmont (House, No. 4389),— was referred, in concurrence, to the committee on Election Laws.

A petition (accompanied by bill, House, No. 4384) of Denis E. Guyer and Stanley C. Rosenberg (by vote of the town) for legislation to provide for recall elections in the town of Colrain,— was referred, in concurrence, to the committee on Election Laws.

Notice was received from the House announcing the following appointments:
That the Minority Leader of the House of Representatives has appointed Representative Barrows of Mansfield to the special commission established (under Section 104 of Chapter 28 of the Acts of 2009) to study the creation of a new independent office of public accountability which would function as the single state entity for the administration and enforcement of the provisions of law currently administered and enforced by the State Ethics Commission, the Office of Campaign and Political Finance and the Lobbyist Division of the Office of the Secretary of the Commonwealth; and
That Representative Poirier of North Attleborough had been appointed to the Veterans’ Hall of Fame Council established (under Section 12 of Chapter 132 of the Acts of 2009) to study the feasibility of establishing a Veterans’ Hall of Fame in the Commonwealth.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Ms. Creem) “congratulating the Myrtle Baptist Church on the one hundred and thirty-fifth anniversary of its founding”;
Resolutions (filed by Mr. Hedlund) “congratulating the 2009 Marshfield High School Football Team on their championship season”;
Resolutions (filed by Ms. Menard) “honoring Janice Frances D’Elia MacDonald for her contributions to the theatre, art and dance communities of Greater Fall River”; and
Resolutions (filed by Mr. Pacheco) “congratulating Clifford A. Bodge on his retirement from the Taunton Stove Company, Inc.”

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 House Bill relative to the appointment of the members of the Dalton Redevelopment Authority (House, No. 4242, changed),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The House Bill authorizing the town of Tyngsborough to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises (House, No. 4296),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Reports of Committees.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Resolve establishing a special commission on the reuse of Westborough State Hospital (Senate, No. 2219),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the resolve 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.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Christopher Sandiford, an employee of the Department of Transitional Assistance (House, No. 4333),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Hedlund, 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 establishing a sick leave bank for Christopher Sandiford an employee of the Department of Transitional Assistance”.

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 town of Billerica as the John F. Leary Bridge (House, No. 3232).
The rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time, ordered to a third reading and read a third time.
Mr. Hart, for the committee on Bills in the Third Reading, reported, recommending that the bill be amended, as follows, and when so amended it be correctly drawn: by striking out the first sentence and inserting in place thereof the following sentence:— “The bridge no. B-12-001 spanning the Concord river and located on Nashua road, route 4 in the town of Billerica shall be designated and known as the John F. Leary Bridge.”
The report was accepted.
The bill, as amended, was then passed to be engrossed.
Sent to the House for concurrence in the amendment.

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4392) of Michael A. Costello and James E. Timilty relative to police investigations,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Safety and Homeland Security.

Emergency Preambles Adopted.

An engrossed Bill designating Polish American Congress Day (see House, No. 3035, changed), 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. Timilty) and sent to the House for enactment.

An engrossed Bill establishing sick leave banks for Lori Polson and Eric Polson, employees of the Department of Correction (see House, No. 4273, 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. Timilty) 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. Timilty) and laid before the Governor for his approbation, to wit:
Authorizing the city of Salem to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises (see Senate, No. 2093);
Designating Polish American Congress Day (see House, No. 3035, changed);
Designating a certain bridge in the city of Malden as the Dipaola Brothers Veterans Bridge (see House, No. 3209, amended);
Pertaining to the issuance of bonds or notes by the city of Worcester (see House, No. 4265); and
Establishing sick leave banks for Lori Polson and Eric Polson, employees of the Department of Correction (see House, No. 4273, amended).

An engrossed Bill validating the acts, votes and proceedings of the 2009 spring annual town meeting and the 2009 spring special town meeting of the town of Westminster (see House Bill, printed in House, No. 4179) (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, two-thirds of the members present having voted in the affirmative, and was signed by the Acting President (Mr. Timilty) and laid before the Governor for his approbation.

Recess.

There being no objection, at twenty-five minutes past eleven o’clock A.M., the Chair (Mr. Timilty) declared a recess subject to the call of the Chair; and, at twenty-five minutes past twelve o’clock noon, the Senate reassembled, Mr. Timilty in the Chair.

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted.

An engrossed Bill extending the deadline for mailing quarterly tax bills (see Senate, No. 2226), 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. Timilty) and sent to the House for enactment.

Engrossed Bills.

The following engrossed bills (both 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. Timilty) and laid before the Governor for his approbation, to wit:
Designating a certain bridge in the city of Taunton as the Sergeant Shane Duffy Bridge (see Senate, No. 2203); and
Extending the deadline for mailing quarterly tax bills (see Senate, No. 2226).

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 a half past twelve o’clock noon, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.