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 31, 2009.

Met at four 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.

Petitions.

Petitions were severally presented and referred, as follows:
By Mr. Hart, a petition (accompanied by bill, Senate, No. 2237) of John A. Hart, Jr. (with the approval of the mayor and city council) for legislation relative to affordable housing in the city of Boston [Local approval received];
Under Senate Rule 20, to the committee on Housing.
By Mr. Joyce, a petition (accompanied by bill, Senate, No. 2238) of Brian A. Joyce, William C. Galvin and Louis L. Kafka (by vote of the town) for legislation to amend the charter of the town of Stoughton regarding the filling of certain vacancies [Local approval received];
Under Senate Rule 20, to the committee on Municipalities and Regional Government.
By Mr. Brown, a petition (subject to Joint Rule 12) of Scott P. Brown for legislation to reduce the cost of health insurance; and
By Ms. Candaras, a petition (subject to Joint Rule 12) of Gale D. Candaras for legislation to establish a sick leave bank for Christine Frangakis, an employee of the Department of Public Health;
Severally under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

PAPERS FROM THE HOUSE.

Bills
Relative to a wastewater management district in the town of Harvard (House, No. 4407,— on House, No. 1130) [Local approval received on House, No. 1130];
Authorizing the town of Chelmsford to regulate the removal of aboveground utility poles and overhead wires and other associated structures and to regulate the installation of underground wires and associated structures (House, No. 4408,— on House, No. 3700) [Local approval received on House, No. 3700]; and
Relative to the police department of the University of Massachusetts (House, No. 4409,— on Senate, No. 979 and House, No. 2209);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill validating a certain election in the town of Concord (printed in House, No. 4397,— being a message from His Excellency the Governor),— was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Bills
Increasing the pension benefits payable to Aquinnah Sarah Burgess by the Attleboro retirement system (printed as Senate, No. 2179,— on petition) [Local approval received]; and
Relative to real estate taxes in the town of Wayland (House, No. 1903,— on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Committee Changes.

The Chair (Mr. Petruccelli) announced the resignation of Senator Tisei of Middlesex and Essex as a member of the committee on Bills in the Third Reading and the appointment of Senator Tarr of Essex and Middlesex to fill the vacancy.
Subsequently, the Chair (Mr. Petruccelli) announced the resignation of Senator Tarr of Essex and Middlesex as a member of the said committee and the reappointment of Senator Tisei of Middlesex and Essex thereto.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Petruccelli) “congratulating Dr. Judith Palfrey on being named a 2010 Olympic Games torchbearer.”

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 authorizing the town of Lincoln to place a certain question relative to the sale of wines and malt beverages on the town’s election ballot (House, No. 4257),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The House Bill increasing the membership of the board of selectmen in the town of Hamilton (House, No. 4294),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

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 House Bill relative to the Wareham Fire District (House, No. 1976).
There being no objection, the rules were suspended, on motion of Mr. Tolman and the bill was read a second time.
Pending the question on ordering the bill to a third reading, Mr. Pacheco presented an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2239; and by inserting after the title the following emergency preamble:
“Whereas, the deferred operation of this act would tend to defeat its purpose, which is to grant forthwith to the Wareham Fire District certain exclusive rights to supply water within and without the district, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”
The amendment was adopted.
The bill, as amended, was then ordered to a third reading, read a third time and was passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

PAPER FROM THE HOUSE.

A Bill validating the actions taken at the annual town election held in the town of Plympton (printed in House, No. 4286,— being a message from His Excellency the Governor),— was read.
There being no objection, the rules were suspended, on motion of Mr. Tolman, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Report of Committees.

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 O. Moore for legislation relative to the format on civil service exams.
Senate Rule 36 was suspended, on motion of Mr. Tolman, 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.

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 4412) of Michael A. Costello and Steven A. Baddour designating a certain road in the town of Salisbury as Army Sergeant Jordan Michael Shay Memorial Drive,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Transportation.
Sent to the House for concurrence.

Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Jeanette Ross, an employee of the Trial Court (see House, No. 4311, 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. Petruccelli) 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. Petruccelli) and laid before the Governor for his approbation, to wit:
Designating a certain bicycle path in the city of Fall River and the town of Somerset as the Army Private Michael E. Bouthot Bicycle Path (see Senate, No. 2204);
Designating a certain traffic circle in the city of Lowell as the Micky Ward Rotary (see House, No. 4204); and
Authorizing the town of Sharon to grant licenses for the sale of wines and malt beverages at a food store, not to be drunk on the premises (see House, No. 4371).

Bill Returned with Recommendation of Amendment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill relative to the leasing of certain parcels of land in the city of Boston (House, No. 4356) [for message, see House, No. 4377], came from the House with endorsement that the House rejected the amendment recommended by the Governor (as approved by the House Committee on Bills in the Third Reading) and had adopted an amendment by adding after section 5 the following section:—
“SECTION 6. Consideration for the lease of the property described in section 1 shall be no less than fair market value for comparable rentals by the commonwealth. A lease agreement entered into pursuant to this act by or on behalf of the commonwealth shall provide that, in lieu of the payment of rent, the lessee shall provide students at a community college or state institution of higher education with opportunities to gain clinical experience in nursing and other medical fields by working with clients of the lessee, on such terms and conditions as the division of capital asset management and maintenance and lessee deem appropriate.”
The message was read; and, under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate subject to amendment and re-enactment.
There being no objection, the rules were suspended, on motion of Mr. Tolman.
The Governor’s amendment was then rejected.
The House amendment was then considered; and it was adopted, in concurrence.
Sent to the House for re-enactment.

Order Adopted.

On motion of Mr. Tarr,—

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