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UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the Commonwealth of Massachusetts

JOURNAL OF THE SENATE.

Thursday, December 17, 2009.

Met at three minutes past eleven o’clock A.M. (Mr. Tolman in the Chair).

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

Report.

A report of the Norfolk County Registry of Deeds (under the provisions of 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 Wednesday, December 16, 2009),— was placed on file.

Petitions.

Petitions were severally presented and referred, as follows:
By Ms. Creem (by request), a petition (subject to Joint Rule 12) of Howard Smolar for legislation relative property lines and encroaching vegetation;
By Mr. Galluccio, a petition (subject to Joint Rule 12) of Anthony D. Galluccio for legislation to encourage student aspirations; and
By Mr. Galluccio, a petition (subject to Joint Rule 12) of Anthony D. Galluccio for legislation to increase SAT participation rates;
Severally under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Ms. Creem, for the committee on the Judiciary, on petition, a Bill to establish a sick leave bank for Catherine Ann Ouellette, an employee of the Trial Court (Senate, No. 2228);
By Mr. Eldridge, for the committee on Municipalities and Regional Government, on petition (accompanied by bill, Senate, No. 2224), a Bill to modify the Lowell Arena and Civic Stadium Commission and to transfer the Tsongas Arena from the city of Lowell to the University of Massachusetts Building Authority (Senate, No. 2232) [Local approval received on Senate, No. 2224]; and
By Mr. McGee, for the committee on Public Service, on petition, a Bill relative to a sick leave bank for Diane Hubbard, an employee of the Massachusetts Department of Industrial Accidents (Senate, No. 2209);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Petruccelli, for the committee on Environment, Natural Resources and Agriculture, on petition, a Bill designating the walking path along Lynn Shore Drive and at Red Rock Park in Lynn as the Senator Walter J. Boverini Scenic Walkway (Senate, No. 407);
Read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

PAPER FROM THE HOUSE.

Message from His Excellency the Governor (under Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to validating the actions taken at an annual town election in the town of Concord (House, No. 4397),— was referred, in concurrence, to the committee on Election Laws.

Matter Taken Out of the Orders of the Day.

There being no objection, the following matter was taken out of the Orders of the Day, and considered as follows:
The House Bill establishing the office of treasurer-collector for the town of Whitman (House, No. 1920),— 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 House Bill establishing a sick leave bank for John Bevelaqua, an employee of the Department of Energy Resources (House, No. 4263, amended),— ought to pass, with an amendment by striking out, in lines 7 to 9, inclusive, the following words:— “for the period of August 21 to September 8, 2009 when he was absent from work because of illness and was not compensated”.
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
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.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Vanessa Williams, an employee of the Division of Medical Assistance (House, No. 4365),— ought to pass.
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, 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 Vanessa Williams, an employee of the Office of Medicaid.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Bill St. Claire, an employee of the Department of Corrections (House, No. 4337, amended),— ought to pass, with an amendment by striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2233; and by striking out the title and inserting in place thereof the following title “An Act establishing a sick leave bank for William Sinclair, an employee of the Department of Correction”.
There being no objection, the rules were suspended, on motion of Mr. Richard T. Moore, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
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.

By Mr. Berry, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Michael W. Morrissey, Steven A. Baddour, James E. Timilty, other members of the General Court and others for legislation relative to the definition of the word attempt on criminal cases;
The rules were suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on the Judiciary.

By Mr. Berry, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Samantha Hemmingsen for legislation relative to long-term disability and foreclosure prevention;
The rules were suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on the Judiciary.
Severally sent to the House for concurrence.

Recess.

There being no objection, at eleven minutes past eleven o’clock A.M., the Chair (Mr. Tolman) declared a recess subject to the call of the Chair; and, at twenty-eight minutes before one o’clock P.M., the Senate reassembled, Mr. Tolman in the Chair.

PAPERS FROM THE HOUSE.

The House Bill making an appropriation for the fiscal year 2010 to provide for supplementing a certain existing appropriation (House, No. 4395,— on House, No. 4388),— was read.
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time.
Pending the question on ordering the bill to a third reading, Mr. Panagiotakos presented an amendment in section 2, by striking out item 0610-0000; and by adding the following 2 sections:—

“SECTION 2A.
0612-0105 For payment of the public safety employee killed in the line of duty benefit authorized by section 100A of chapter 32 of the General Laws; provided, that the state treasurer office shall provide immediate written notification to the secretary of administration and finance and the house and senate committees on ways and means upon the expenditure of the funds appro-
priated herein $100,000.
SECTION 3. Notwithstanding any general or special law to the contrary, the water pollution abatement trust established in section 2 of chapter 29C of the General Laws may establish such terms and conditions for any loan or other form of financial assistance made under said chapter 29C as the board of trustees of the trust shall determine to be in the best interests of the commonwealth and as required to comply with federal law including, without limitation, the interest rate, repayment period, number of payments to be made and amount of principal to be repaid on such loan or other form of financial assistance. The trustees shall exercise the authority conferred by this section only to the extent necessary to comply with federal law.”
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, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act making appropriations for the fiscal year 2010 to provide for supplementing certain existing appropriations”.
Sent to the House for concurrence in the amendment.

Recess.

There being no objection, at twenty-five minutes before one o’clock P.M., the Chair (Mr. Tolman) declared a recess subject to the call of the Chair; and, at seven minutes before six o’clock P.M., the Senate reassembled, the President in the Chair.

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted.

An engrossed Bill making appropriations for the fiscal year 2010 to provide for supplementing certain existing appropriations (see House, No. 4395, 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 President and sent to the House for enactment.

Engrossed Bills.

The following engrossed bills (both of which originated in the House), 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 President and laid before the Governor for his approbation, to wit:
Relative to establishing a sick leave bank for Christopher Sandiford an employee of the Department of Transitional Assistance (House, No. 4333); and
Making appropriations for the fiscal year 2010 to provide for supplementing certain existing appropriations (see House, No. 4395, amended).

Order Adopted.

On motion of Mr. Tisei,—

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.

Adjournment in Memory of Former Senate Majority Leader Daniel J. Foley.

The Senators from Worcester, Ms. Chandler and Mr. Michael O. Moore, and the Senator from Worcester and Norfolk, Mr. Richard T. Moore, requested that when the Senate adjourns today, it adjourn in memory of former Senate Majority Leader Daniel J. Foley.

A life-long resident of Worcester, Daniel J. Foley began his public service career in 1963 when he was elected to the Worcester City Council. He served on the council for six years, including two as Vice Mayor. In 1968, he was elected to the Massachusetts Senate. In 1979, he was appointed Senate Majority Leader, becoming the first person from Central Massachusetts ever to hold this distinguished post. In this capacity, he promoted an active role for government, especially when it came to serving the poor and the needy. He served 16 years in the State Senate.

Accordingly, as a mark of respect to the memory of former Senate Majority Leader Daniel J. Foley, at one minute before six o’clock P.M., on motion of Mr. Tisei, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.