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 23, 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.

Report.

A report of the Bristol District Attorney (under the provisions of Section 99 of Chapter 272 of the General Laws) submitting its annual report of wiretap interceptions for the 2010 calendar year (received Wednesday, December 22, 2010),-- was placed on file.

Petitions.

Petitions were severally presented and referred as follows:
By Ms. Candaras, a petition (subject to Joint Rule 12) of Gale D. Candaras for legislation relative to certain utility rates; and
By Mr. DiDomenico, a petition (subject to Joint Rule 12) of Sal N. DiDomenico for legislation to authorize an alternative mode of design and construction for the rehabilitation of a sewer interceptor in the city of Everett;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Report of a Committee.

By Mr. Montigny, for the committee on Bonding, Capital Expenditures and State Assets, that the House Bill providing the terms of certain bonds to be issued by the Commonwealth (House, No. 5106),-- ought to pass;
Referred, under Senate Rule 27, to the committee on Ways and Means.

PAPERS FROM THE HOUSE.

Bills
Relative to the practice of podiatry (House, No. 4912,-- on Senate, No. 875 and House, No. 2044); and
Relative to cutting down, trimming or removing bushes and small trees (House, No. 5121,-- on House, No. 3106);
Were severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

A Bill relative to the signing of warrants for payment in the town of Pembroke (House, No. 4918,-- on petition) [Local approval received];
Was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Brian C. Linehan, an employee of the Department of Revenue (see House, No. 5067, 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 5 to 0.
The bill was signed by the Acting President (Mr. Petruccelli) and sent to the House for enactment.

The Senate Bill establishing the Massachusetts State Pilotage Rate Board (Senate, No. 2174),-- 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 4603.
The rules were suspended, on motion of Mr. Donnelly, and the House amendment was considered forthwith.

Mr. Timilty presented a request that the Senate concur with the House amendment with a further amendment inserting before the enacting clause the following emergency preamble:-
“Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to establish a pilotage rate board, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”.
The further amendment was adopted.
The Senate then concurred in the House amendment, as amended.
Sent to the House for concurrence in the further amendment.

Reports of Committees.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill providing the terms of certain bonds to be issued by the Commonwealth (House, No. 5106),-- ought to pass
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.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill establishing a sick leave bank for Maryann Audette, an employee of the Department of Revenue (Senate, No. 2644),-- ought to pass, with an amendment inserting before the enacting clause the following emergency preamble:-
“Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith a sick leave bank for a certain employee of the department of revenue, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”
There being no objection, the rules were suspended, on motion of Mr. Donnelly, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2644, amended) was then 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 relative to the registration of real estate appraisers (House, No. 277, amended),-- ought to pass, with amendments striking out section 1 and inserting in place thereof the following section:
“SECTION 1. Chapter 112 of the General Laws is hereby amended by striking out section 181, as appearing in the 2008 Official Edition, and inserting in place thereof the following section:-
Section 181. The term of a certificate or a license issued by the board, except a transitional license under subdivision C of section 180, shall be 2 years from the date of issuance. Notwithstanding the foregoing, each certificate or license originally issued to an individual, except a transitional license under said subdivision C of said section 180, shall be valid until the anniversary of the date of birth of the licensee next occurring more than 24 months after the date of issuance; or the director of the division of professional licensure may designate a date other than a birthday for license expiration. A real estate appraisal trainee shall be eligible for renewal of a trainee license for not more than 4 two-year periods after the original term of the license.”; by striking out section 2; and by striking out the emergency preamble.
There being no objection, the rules were suspended, on motion of Mr. Donnelly, 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 amendments.
Sent to the House for concurrence in the amendments.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill relative to motor vehicle glass repair shop registration (House, No. 5080),-- ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2664.
There being no objection, the rules were suspended, on motion of Mr. Hedlund, 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.

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 relative to cutting down, trimming or removing bushes and small trees (House, No. 5121) (the committee on Ethics and Rules recommending that the bill be amended by striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2663).
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and was amended, as recommended by the committee on Ethics and Rules.
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 relative to the purchase of flags in the Commonwealth (House, No. 5081),-- ought to pass.
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.

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 Richard T. Moore for legislation to establish a sick leave bank for Theodore Laridis.
The rules were suspended, on motion of Mr. Tarr, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.
Sent to the House for concurrence.

Petition.

On motion of Mr. Donnelly, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Kenneth P. Donnelly for legislation to allow the reapproval of municipal property tax rates in certain circumstances,-- and the same was referred to the committee on Revenue.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE
Engrossed Bills.

An engrossed Bill authorizing the lease and construction of improvements to the North Branch Library and East Branch Library buildings in the town of Watertown (see House, No. 4667, 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. Petruccelli) and laid before the Governor for his approbation.

An engrossed Bill authorizing the town of Sudbury to enter into and to extend wireless facility contracts or leases for periods in excess of 20 years (see House, No. 4715, 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 re-enacted and signed by the Acting President (Mr. Petruccelli) and again laid before the Governor for his approbation.

A petition (accompanied by bill, House, No. 5125) of Todd M. Smola and Stephen M. Brewer for legislation to establish a sick leave bank for Linda Baker, an employee of the Department of Developmental Services,-- was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Service.

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 Acting President (Mr. Petruccelli) and laid before the Governor for his approbation, to wit:
Authorizing the town of Hingham to designate a check off box on its tax bills (see House, No. 4714); and
Establishing a sick leave bank for Brian C. Linehan, an employee of the Department of Revenue (see House, No. 5067, amended).

Order Adopted.

On motion of Ms. Murray,--

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 eighteen minutes past eleven o’clock A.M., the Senate adjourned to meet again on Monday next at eleven o’clock A.M.