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Journal of the Senate UNCORRECTED PROOF. The Commonwealth of Massachusetts ___________ JOURNAL OF THE SENATE. TUESDAY, MAY 19, 2015. [48] 1 UNCORRECTED PROOF. JOURNAL OF THE SENATE. Tuesday, May 19, 2015. Met at one minute past ten o’clock A.M. (Mr. Petruccelli in the Chair). Distinguished Guests. There being no objection, the President handed the gavel to Mr. Joyce for the 1964 Thayer purpose of an introduction. Mr. Joyce then introduced the 1964 Thayer Academy Academy Varsity Football Team. Varsity Football Team. The team known as the “Tigers” set a remarkable record that has stood for 50 years in that the team was undefeated, untied and unscored upon. Members of the team in attendance included Co-Captain William Cavanagh, Co-Captain Robert Walters, Michael Georges, Gregory Bone, Joseph Hayes, Robert Wagner, Warren Pierce, Bruce Thayer, William Wagner, Head Coach Arthur Valicenti and Coach Marshall Litchfield. The team, the guest of Senators Joyce and Keenan, was applauded by the Senate for their accomplishments and withdrew from the Chamber. There being no objection, during consideration of the Orders of the Day, the San Donato Italy President handed the gavel to Mr. DiDomenico for the purpose of an introduction. Mayor Enrico Pittiglio. Mr. DiDomenico, along with Mr. Brownsberger, then introduced, in the rear of the Chamber, San Donato Italy Mayor Enrico Pittiglio. The Senate welcomed Mayor Pittiglio with applause and he withdrew from the Chamber. There being no objection, at two minutes past ten o’clock A.M., the Chair Recess. (Mr. Petruccelli) declared a recess subject to the call of the Chair; and, at three minutes past twelve o’clock noon, the Senate reassembled, the President in the Chair. The Senator from Essex and Middlesex (Mr. Tarr) led the President, members, Pledge of allegiance. guests and staff in the recitation of the pledge of allegiance to the flag. Orders of the Day. The Orders of the Day were considered as follows: The House Bill making appropriations for the fiscal year 2016 for the General maintenance of the departments, boards, commissions, institutions and certain appropriation bill. activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (House, No. 3401),-- was read a second time. After remarks, pending the question on adoption of the Ways and Means new 2 text, and the main question on ordering the bill to a third reading, Messrs. Tarr, Joyce, Hedlund, Eldridge, Ross, deMacedo, Fattman and Moore and Mrs. L'Italien moved that the proposed new text be amended by inserting, after section ___, the following section: -: “SECTION XXXX. Section 15 of chapter 85 of the General Laws, as amended by chapter 481 of the acts of 2014, is hereby further amended by adding the following sentence at the end thereof: Notwithstanding any general or special law or regulation to the contrary, a 2 UNCORRECTED PROOF. violation of this section shall not be considered as a conviction of a moving violation of the motor vehicle laws or a surchargeable incident or offense under section 113B of chapter 175 or under any merit rating plan or safe driver insurance plan. SECTION XXXX. The effective date of section XXXX shall be as of April 7, 2015”. Pending the question on adoption of the amendment, Messrs. Hedlund and 2.1 Fattman moved that the amendment (Tarr et al) be amended by inserting after section ___, the following section: -: “SECTION XXXX. (a) Section 15 of chapter 85, as amended by chapter 481 of the acts of 2014, is hereby further amended by adding the following sentence at the end thereof:- Notwithstanding any general or special law or regulation to the contrary, a violation of this section shall not be considered as a conviction of a moving violation of the motor vehicle laws or a surchargeable incident or offense under section 113B of chapter 175 or under any merit rating plan or safe driver insurance plan. (b) Section 7V of chapter 90 is hereby further amended by adding the following section:- Notwithstanding any general or special law or regulation to the contrary, a first violation of this section shall not be considered as a conviction of a moving violation of the motor vehicle laws or a surchargeable incident or offense under section 113B of chapter 175 or under any merit rating plan or safe driver insurance plan. (c) The effective date of section (a) shall be as of April 7, 2015.” After debate, the question on adoption of the further amendment (Hedlund et al) was determined by a call of the yeas and nays, at two minutes past one o'clock P.M., on motion of Mr. Hedlund, as follows, to wit (yeas 12 — nays 27) [Yeas and Nays No. 17]: YEAS. Brownsberger, William N. Lovely, Joan B. deMacedo, Viriato M. Moore, Michael O. Fattman, Ryan C. Ross, Richard J. Hedlund, Robert L. Rush, Michael F. Humason, Donald F., Jr. Tarr, Bruce E. Kennedy, Thomas P. Timilty, James E. − 12. NAYS. Barrett, Michael J. Keenan, John F. Chandler, Harriette L. Lesser, Eric P. Chang-Diaz, Sonia Lewis, Jason M. Creem, Cynthia Stone L'Italien, Barbara DiDomenico, Sal N. McGee, Thomas M. Donnelly, Kenneth J. Montigny, Mark C. Donoghue, Eileen M. O'Connor Ives, Kathleen Downing, Benjamin B. Pacheco, Marc R. Eldridge, James B. Petruccelli, Anthony Flanagan, Jennifer L. Rodrigues, Michael J. Forry, Linda Dorcena Spilka, Karen E. Gobi, Anne M. Welch, James T. Jehlen, Patricia D. Wolf, Daniel A. − 27. 3 UNCORRECTED PROOF. Joyce, Brian A. The yeas and nays having been completed at six minutes past one o'clock P.M., the further amendment was rejected. After remarks, the question on adoption of the pending amendment (Tarr et al) was determined by a call of the yeas and nays, at nine minutes past one o'clock P.M., on motion of Mr. Hedlund, as follows, to wit (yeas 39 — nays 0) [Yeas and Nays No. 18]: YEAS. Barrett, Michael J. Kennedy, Thomas P. Brownsberger, William N. Lesser, Eric P. Chandler, Harriette L. Lewis, Jason M. Chang-Diaz, Sonia L'Italien, Barbara Creem, Cynthia Stone Lovely, Joan B. deMacedo, Viriato M. McGee, Thomas M. DiDomenico, Sal N. Montigny, Mark C. Donnelly, Kenneth J. Moore, Michael O. Donoghue, Eileen M. O'Connor Ives, Kathleen Downing, Benjamin B. Pacheco, Marc R. Eldridge, James B. Petruccelli, Anthony Fattman, Ryan C. Rodrigues, Michael J. Flanagan, Jennifer L. Ross, Richard J. Forry, Linda Dorcena Rush, Michael F. Gobi, Anne M. Spilka, Karen E. Hedlund, Robert L. Tarr, Bruce E. Humason, Donald F., Jr. Timilty, James E. Jehlen, Patricia D. Welch, James T. Joyce, Brian A. Wolf, Daniel A. − 39. Keenan, John F. NAYS − 0. The yeas and nays having been completed at twelve minutes past one o'clock P.M., the amendment was adopted. Recess. There being no objection at fourteen minutes past one o’clock P.M., at the Recess. request of Mr. Tarr, for the purpose of a minority caucus, the President declared a recess; and, at sixteen minutes past two o’clock P.M., the Senate reassembled, the President in the Chair. At sixteen minutes past two o’clock, P.M., Mr. Tarr doubted the presence of a Quorum. quorum. The President, having determined that a quorum was not in attendance, then directed the Sergeant-at-Arms to secure the presence of a quorum. Subsequently, at seventeen minutes past two o’clock, P.M., a quorum was declared present. Orders of the Day. The Orders of the Day were further considered as follows: The House Bill making appropriations for the fiscal year 2016 for the General maintenance of the departments, boards, commissions, institutions and certain appropriation bill. activities of the Commonwealth, for interest, sinking fund and serial bond 4 UNCORRECTED PROOF. requirements and for certain permanent improvements (House, No. 3401),-- was again considered, the main question being on ordering the bill to a third reading. Messrs. Tarr, Brownsberger and Ross, Ms. O'Connor Ives, Messrs. Downing 3 and Eldridge, Ms. Gobi, Messrs. Humason and deMacedo, Mrs. L'Italien and Messrs. Fattman, Moore and Wolf moved that the proposed new text be amended by inserting after section___, the following sections:- “SECTION___. (a) Section 6 (p) (9) of Chapter 62 as appearing in the 2014 official edition is hereby amended by striking in line 748 the number ‘$2,000,000’ and inserting in place thereof the following number:- ‘$4,500,000’. SECTION__.(a) Section 38AA(h) of said chapter 63 of the General Laws as appearing in the 2014 official edition is hereby amended by striking out in line 81 the figure ‘$2,000,000’ and inserting in place thereof the following figure:- ‘$4,500,000’.” After debate, the amendment was rejected. Messrs. Tarr and Ross, Ms. O'Connor Ives, Mr. deMacedo, Ms. Gobi and Mr. 4 Fattman moved that the proposed new text be amended by inserting after section___, the following section:- . “SECTION __. Section 12 of chapter 156C, as appearing in the 2014 Official Edition, is hereby amended by striking subsection (d) and inserting in place thereof the following:- (d) The fee for the filing of the certificate of organization required by subsection (a) shall be five hundred dollars. The fee for the filing of the annual report required by subsection (c) shall be five hundred dollars, except as provided in subsection (e). Such fees shall be paid to the state secretary at the time the certificate of organization or the annual report is filed. (e) The fee for the filing of the certificate of organization required by subsection (a) for a limited liability company with 6 employees or fewer shall be two hundred and fifty dollars. The fee for the filing of the annual report required by subsection (c) for a limited liability company with 6 employees or fewer shall be two hundred and fifty dollars.
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