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, October 20, 2011.

Met at one minute past eleven o’clock A.M. (Mr. Petruccelli in the Chair).

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

Communications.

Several communications were received and placed on file:

Communication from Martin J. Benison, Comptroller, submitting an updated notification of the Fiscal Year 2011 and first quarter Fiscal Year 2012 reports on “Settlements and Judgments” (pursuant to Section 2 of Chapter 131 of the Acts of 2010 and Section 2 of Chapter 68 of the Acts of 2011) (received in the Office of the Clerk of the Senate on Wednesday, October 19, 2011, at ten minutes before ten o’clock A.M.); and

Communication from the Honorable Bruce E. Tarr, in compliance with Massachusetts General Laws Chapter 268A (received in the Office of the Clerk of the Senate on Thursday, October 20, 2011, at eighteen minutes before ten o’clock A.M.).

Petitions.

Mr. Brewer, a petition (subject to Joint Rule 12) of Stephen M. Brewer and Denise Andrews for legislation to establish a sick leave bank for Charles Maynard, an employee of the Department of Developmental Services;
Under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Mr. Brewer, for the committee on Ways and Means, under the provisions of Senate Rule 19, a Committee Bill relative to the Max Ulin Skating Rink (Senate, No. 2039);
Read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

By Mr. Timilty, for the committee on Public Safety and Homeland Security, on petition, a Resolve providing for an investigation and study by a special commission relative to school safety (Senate, No. 1232);
Read and, under Joint Rule 29, referred to the committees on Rules of the two branches, acting concurrently.

By Ms. Creem, for the committee on the Judiciary, on petition, a Bill relative to technical corrections to the Uniform Probate Code (Senate, No. 733);
Referred, under Joint Rule 1E, to the committee on Health Care Financing.

By Ms. Creem, for the committee on the Judiciary, on petition (accompanied by bill, Senate, No. 688), a Bill to establish the Massachusetts Uniform Trust Code (Senate, No. 2034);

By Mr. Timilty, for the committee on Public Safety and Homeland Security, on Senate, Nos. 1226 and1236 and House Nos. 658,1578, 2403 and 2921, a Bill relative to removing pepper spray from firearms identification (Senate, No. 1226);

By the same Senator, for the same committee, on petition, a Bill relative to an increase of fines and penalties for violations of law relating to fire, explosions and fire prevention (Senate, No. 1240);

By the same Senator, for the same committee, on petition, a Bill creating the police fire safety equipment fund (Senate, No. 1866);

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 1183), a Bill improving safety in the Commonwealth (Senate, No. 2036); and

By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 1256), a Bill relative to regional 911 emergency communication districts (Senate, No. 2037);

Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. Welch, for the committee on Municipalities and Regional Government, on petition, a Bill further regulating municipal animal control (Senate, No. 1033) (Representative Kuros of Uxbridge dissenting);
Read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

By Mr. Eldridge, for the committee on Housing, on Senate, No. 2004 and House, No. 3694, a Bill relative to the transfer of certain properties from the Melrose housing authority to the Melrose affordable housing corporation (Senate, No. 2004) [Local approval received];

By Mr. Welch, for the committee on Municipalities and Regional Government, on petition, a Bill authorizing the town of Peru to establish a fire station construction fund (Senate, No. 1878) [Local approval received];

By the same Senator, for the same committee, on petition, a Bill amending the charter of the town of Winchendon (Senate, No. 1966) [Local approval received];

By the same Senator, for the same committee, on petition, a Bill relative to the administrative organization of financial officers (Senate, No. 1990) [Local approval received]; and

By the same Senator, for the same committee, on petition, a Bill authorizing the city of Somerville to incur debt to repair or maintain property leased, licensed, or otherwise under control of the city pursuant to an agreement between the city and the Commonwealth of Massachusetts (Senate, No. 2025) [Local approval received];
Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

By Mr. Timilty, for the committee on Public Safety and Homeland Security, ought NOT to pass, on the petition (accompanied by bill, Senate, No. 1234) of James E. Timilty for legislation to establish the Massachusetts armor piercing law;
Referred, under Senate Rule 36 to the committee on Ethics and Rules.

PAPERS FROM THE HOUSE

A petition (accompanied by bill, House, No. 3753) of Theodore C. Speliotis (by vote of the town) for legislation to authorize the town of Topsfield to participate in the insurance program administered by the Group Insurance Commission,-- was referred, in concurrence, to the committee on Public Service.

A Bill establishing a sick leave bank for Debra Callejas, an employee of the Executive Office of Labor and Workforce Development, Department of Industrial Accidents (House, No. 3733,-- on petition),-- was read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill designating a certain bridge on interstate highway route 195 in the town of Wareham as the First Sergeant Charles W. Parker Memorial Bridge (House, No. 3757,-- on House, No. 915),-- was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Bills
Amending the home rule charter of the city of Easthampton (House, No. 3505,-- on petition) [Local approval received]; and

Authorizing the city of Easthampton to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises (House, No. 3639,-- on petition) [Local approval received];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Reports

Of the committee on Housing, asking to be discharged from further consideration

Of the petition (accompanied by bill, House, No. 380) of Carl M. Sciortino, Jr., Ruth B. Balser, Carolyn C. Dykema and other members of the General Court relative to commercial rebate expiration,-- and recommending that the same be referred to the committee on Community Development and Small Business;
and
Of the petition (accompanied by bill, House, No. 382) of Todd M. Smola for legislation to require certain legal notices prior to the auctioning of single of multiple family housing units, condominiums or cooperative units,-- and recommending that the same be referred to the committee on the Judiciary;
Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:-
Resolutions (filed by Mr. Timilty) “celebrating Rabbi Barry Starr's twenty-five years of dedication, service and leadership to Temple Israel of Sharon.”

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 Senate Bill validating the actions taken at the annual town election in the town of Hampden (Senate, No. 2026),-- 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.

The House Bill relative to the eligibility of ward councilors-elect in the city of Gardner (printed as Senate, No. 1936) (its title having been changed by the committee on Bills in the Third Reading),-- was read a third time and passed to be engrossed, in concurrence.

The House Bill creating a water supply system in the town of Rochester (House, No. 576),-- was read a third time.
Pending the question on passing the bill to be engrossed, in concurrence, Mr. Rodrigues moved that the bill be amended by striking out all after the enacting clause and inserting in place thereof the following text:-

“SECTION 1. (a) Notwithstanding section 39A of chapter 40 of the General Laws prohibiting a town from establishing a water supply system while its inhabitants are being served directly by a water company or water supply district, water district or fire district supplying water to its inhabitants and notwithstanding any other general or special law to the contrary, the town of Rochester may establish a water department and water supply system pursuant to said section 39A of said chapter 40.

(b) The water department and water supply system established pursuant to subsection (a) shall be managed, improved and controlled by a board of water commissioners who shall be elected as provided in section 69A of chapter 41 of the General Laws.

SECTION 2. This act shall take effect upon its passage.”; and by striking out the title and inserting in place thereof the following title:- “An Act authorizing the town of Rochester to establish a water department and water supply system”.
The amendment was adopted.
The bill, as amended, was then passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

The House Bill authorizing the town of South Hadley to pay certain unpaid bills (House, No. 3653),-- 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 a design and build contract for and lease of a recreational facility in the city known as the town of Braintree (House, No. 3660) (its title having been changed by the committee on Bills in the Third Reading),-- was read a third time.
Pending the question on passing the bill to be engrossed, in concurrence, Mr. Keenan presented an amendment in section 8, by adding the following sentence:-
“A lease entered into under this act shall include a provision that the parcel to be leased shall only be used for a recreational facility to consist of a pool and a skating rink.”
The amendment was adopted.
The bill, as amended, was then passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

Reports of a Committee.

By Mr. Brewer, for the committee on Ways and Means, that the House Bill authorizing the Massachusetts Department of Transportation to acquire certain parcels of land in the town of Hopkinton (House, No. 3341),-- ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Rodrigues, 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. Brewer, for the committee on Ways and Means, that the Senate Bill establishing a sick leave bank for Scott Hayward, an employee of the Executive Office of Health and Human Services (Senate, No. 2021),-- ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2038).
There being no objection, the rules were suspended, on motion of Mr. Rodrigues, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2038) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE

Petitions were severally referred, in concurrence, as follows, to wit:
Petition (accompanied by bill, House, No. 3758) of William M. Strauss and Mark C. Montigny relative to the Mattapoisett River Valley Water District;
Under suspension of Joint Rule 12, to the committee on Municipalities and Regional Government.

Petition (accompanied by bill, House, No. 3759) of David M. Torrisi, James J. Lyons, Jr. and Bruce E. Tarr for legislation to authorize the appointment of group insurance committees within the cities and towns of the Commonwealth for the purpose of making changes in the design and composition of group health insurance policies for public employees;
Under suspension of Joint Rule 12, to the committee on Public Service.

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