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Senate Journal 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. JOURNAL OF THE SENATE. Wednesday, May 26, 2010. Met at nine minutes past ten o’clock A.M. The President, members, guests and employees then recited the pledge of allegiance to the flag. Distinguished Guests. The being no objection, during consideration of the Orders of the Day, several guests were recognized, as follows: The President handed the gavel to Mr. Hart for the purpose of an introduction. Mr. Hart then introduced, in the rear of the Chamber, the third grade class from Pope John Paul Academy in Dorchester. His daughter, Emily, was among the group. The students were on a field trip visiting the State House and learning about the different aspects of state government. They were accompanied by teachers Kathryn McGrath, Eileen Crane, Kaitlyn Leahy and Lynn McAteer. The President handed the gavel to Ms. Spilka for the purpose of an introduction. Ms. Spilka then introduced the family of John Costanza, who tragically lost his life on March 18, 1979 while in the line of duty fighting a structure fire on Concord Street in Framingham. He lost his life one day before he was to be promoted to assume the duties of Captain. Earlier today, the Senate adopted resolutions that would posthumously promote John F. Costanza from the rank of Lieutenant to Captain of the Framingham Fire Department. PAPERS FROM THE HOUSE. Petitions were severally referred, in concurrence, as follows, to wit: Petition (accompanied by bill, House, No. 4695) Geraldo Alicea and Richard T. Moore (with the approval of the town council) for legislation to authorize the town of Southbridge to issue bonds for school improvement projects; Petition (accompanied by bill, House, No. 4696) of Steven Stat Smith (with the approval of the mayor, board of aldermen and common council) that the city of Everett be authorized to establish a revolving fund for linkage fees; Petition (accompanied by bill, House, No. 4697) of Steven Stat Smith (with the approval of the mayor, board of aldermen and common council) that the city of Everett be authorized to establish a department of inspectional services; Severally to the committee on Municipalities and Regional Government. A Bill relative to noncompetition agreements (House, No. 4607),-- was referred, in concurrence, to the committee on the Judiciary. Resolutions. The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:- Resolutions (filed by Ms. Spilka) “honoring John Costanza, who bravely gave his life in the line of duty serving as a dedicated member of the Framingham Fire Department.” PAPERS FROM THE HOUSE. An engrossed Bill authorizing the town of Chelmsford to convey certain conservation land and grant certain easements (see Senate, No. 2287, amended) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,-- was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at ten minutes past ten o’clock A.M., as follows, to wit (yeas 30 - nays 0) [Yeas and Nays No. 247]: Yeas:- 30 INSERT ROLL CALL [247] Nays:- 0 The yeas and nays having been completed at nineteen minutes past ten o’clock A.M., the bill was passed to be enacted, two thirds of the members present having agreed to pass the same, and it was signed by the President and laid before the Governor for his approbation. Matter Taken out of the Orders of the Day. The House Bill relative to debt restructuring (House, No. 4617, amended),-- was considered, the main question being on ordering the bill to a third reading. The pending motion, previously moved by Mr. Montigny, to lay the matter on the table,— was considered; and it was negatived. Pending the main question on ordering the bill to a third reading, and pending the questions on adoption of the amendment previously recommended by the committee on Bonding, Capital Expenditures and State Assets, and the recommended amendment by the committee on Ways and Means, Mr. Montigny moved that bill be amended in section 1 by inserting after subsection (c), the following new subsection:- “(d) The net budgetary savings of the sale of said refunding bonds pursuant to this section shall be deposited in the Commonwealth Stabilization Fund established pursuant to chapter 29, section 2H of the General Laws.” On further motion of the same Senator, the further consideration thereof was postponed until the next session. PAPERS FROM THE HOUSE. The House Bill relative to municipal relief (House, No. 4631),— came from the House with the endorsement that the House had NON-concurred in the Senate amendment (striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2436), and had asked for a committee of conference on the disagreeing votes of the two branches; and that Representatives Murphy of Burlington, L’Italien of Andover and Hargraves of Groton had been appointed the committee on the part of the House. On motion of Mr. Hart, the Senate insisted on its amendment and concurred in the appointment of a committee of conference; and Senators Panagiotakos, Eldridge and Ross were appointed on the part of the Senate. The bill was returned to the House endorsed accordingly. Petitions were severally referred, in concurrence, as follows, to wit: Petition (accompanied by bill, House, No. 4710) David B. Sullivan relative to establishing a sick leave bank for Elise Lachance, an employee of the Department of Correction; Petition (accompanied by bill, House, No. 4711) of David B. Sullivan relative to establishing a sick leave bank for Carol Roberts, an employee of the Department of Transitional Assistance; Severally, under suspension of Joint Rule 12, to the committee on Public Service. Orders of the Day. The House Bill making appropriations for the fiscal year 2011 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (House, No. 4601),-- was read a second time. Pending the question on ordering the bill to a third reading, the President made a ruling on the following amendments 7, 8, 12, 20, 21, 22, 31, 36, 37, 38, 41, 45, 49, 56, 60, 89, 152, 164, 208, 330, 360 and 361 as follows: The Massachusetts Constitution says: “All money bills shall originate in the house of representatives....” The parliamentary precedents of the Senate require the President to observe with meticulous care the constitutional prerogatives of the House of Representatives. Without waiting for a point of order to be raised, she must see that the Senate does not originate a “money bill” in violation of the Constitution. A pending Senate amendment that would convert into a “money bill” a bill that was not a “money bill” when the House passed it is out of order. The pending amendments before the Senate, if adopted, would thus convert the bill into a “money bill”. Therefore, the amendments are not in order. Mr. Tisei doubted the ruling of the Chair; and this motion was seconded by Mr. Tarr. After debate, the question on whether the ruling of the Chair would stand was determined by a call of the yeas and nays, at one minute past eleven o’clock A.M., on motion of Mr. Tisei, as follows, to wit (yeas 30 — nays 5) [Yeas and Nays No. 248]: Insert Roll Call “248” The yeas and nays having been completed at five minutes past eleven o’clock A.M., the ruling of the Chair stood and the amendments were severally laid aside. Messrs. Richard T. Moore and Tarr moved that the bill be amended by inserting the text of Senate document numbered 2454, relative to moral obligation bonds. After remarks and pending the question on adoption of the amendment at three minutes before twelve o’clock noon, Mr. Hedlund doubted the presence of a quorum; and, a count of the Senate determined that a quorum was not present. Subsequently, at two minutes before twelve o’clock noon, the President declared that a quorum was present. After further debate, the amendment was adopted. Ms. Tucker moved that the bill be amended by inserting after section 154 the following section:- “SECTION 154A. Notwithstanding chapter 564 of the acts of 1956, the town of Tewksbury may sell, transfer and convey the property known as the “Police Station” at 935 Main street in said town with a deed restriction that any new owner of the property shall grant to the Tewksbury Housing Authority an easement to pass and repass by vehicular traffic, and create and reserve 20 parking spaces at the rear of the parcel for the benefit of the residents of the Tewksbury Housing Authority’s Carnation drive housing site. The Tewksbury Housing Authority shall construct and maintain an adequate vegetative buffer between the parking area and the property to be conveyed. The commonwealth, acting by and through the division of capital asset management and maintenance, shall release its reversionary interest reserved in the deed to the town of Tewksbury dated October 3, 1961 and recorded in the Middlesex north district registry of deeds in book 1553 at page 320; provided, however, that in consideration of said release by the commonwealth, the town of Tewksbury shall split the proceeds from the sale of the Police Station property equally with the commonwealth.
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