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.

At a General Court of the Commonwealth of Massachusetts, held on the first Wednesday, being the second day of January, in the year two thousand and eight, and the two hundred and thirty-second of the independence of the United States of America, a quorum of the members of the Senate, elected for a term of two years at an election held on Tuesday next after the first Monday of November in the year 2006, assembled at two minutes past one o’clock P.M., in the Senate Chamber, and were called to order by the Honorable Stanley C. Rosenberg, President Pro-Tem of the Senate.

Report.

A report of the Performance Standards and Workforce Accountability Task Force (under the provisions of Section 11(d) of Chap­ter 23H of the General Laws) submitting a summary of its activities, products and recommendations (received Monday, December 31, 2007),— was placed on file.

Reports of a Committee.

By Mr. Galluccio, for the committee on Public Service, on petition, a Bill relative to the Massachusetts Academy of Math and Science at WPI (Senate, No. 2334); and
By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 1524), a Bill relative to providing equitable benefits for members of the teachers’ retirement system (Senate, No. 2455);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Committees Discharged.

Mr. Downing, for the committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration of the Senate Order relative to authorizing the joint committee of Public Health to make an investigation and study on certain current Senate documents (Senate, No. 2453),— and recommending that the same be referred to the Senate committee on Ethics and Rules.
Under Senate Rule 36, the report was considered forthwith and accepted.

PAPER FROM THE HOUSE.

Notice was received from the House announcing the following appointment:
That Deborah DiMasi has been appointed by the Speaker of the House to the commission established (under Section 66 of Chapter 3 of the General Laws) for the purpose of studying, reviewing and reporting on the status of women in the Commonwealth.

Recess.

There being no objection, at three minutes past one o’clock P.M., the Chair (Mr. Rosenberg) declared a recess subject to the call of the Chair; and, at twenty-three minutes before two o’clock P.M, the Senate reassembled, Mr. Rosenberg in the Chair.

Committee of the House.

Mr. Rosenberg welcomed a committee of the House of Representatives that arrived to declare that the House of Representatives was now assembled and ready to proceed to business.

Recess.

There being no objection, at twenty minutes before two o’clock P.M., the Chair (Mr. Rosenberg) declared a recess subject to the call of the Chair; and, at ten minutes before two o’clock P.M, the Senate reassembled, the President in the Chair.

At the request of the Senate President, the members, employees and guests joined her in reciting the Pledge of Allegiance to the flag.

Order Adopted.

On motion of Ms. Walsh,—

Ordered, That a committee be appointed to inform the House of Representatives that the Senate is now assembled and ready to proceed to business.
Senators Timilty, Chandler and Tarr were appointed the committee.
Subsequently, Mr. Timilty, for the committee appointed by the Senate to inform the House that the Senate was ready to proceed to business, reported that it had attended to its duty.
The committee was discharged.

Order Adopted.

On motion of Ms. Menard,—

Ordered, That a committee of members of the Senate and the House of Representatives be appointed to wait upon His Excellency the Governor, Deval Patrick, His Honor, Timothy Murray, the Lieutenant-Governor, and the Honorable Council and inform them that the two branches of the General Court are now assembled and ready to proceed to business.
Senators Petruccelli, Spilka and Knapik were appointed on the part of the Senate.
Sent to the House for concurrence.
Subsequently, the order was returned with the endorsement that the House had concurred and that Representatives Harkins of Need­ham, O’Flaherty of Chelsea, LeDuc of Marlborough, Fernandes of Milford, Peisch of Wellesley, Kafka of Stoughton, Rush of Boston, Murphy of Burlington, Forry of Boston, Haddad of Somerset, Swan of Springfield, Binienda of Worcester, Peterson of Grafton, Poirier of North Attleboro and Barrows of Mansfield, were appointed on the part of the House.
Ms. Spilka, for the committee, afterwards reported that it had attended to its duty and the committee was discharged.

Order Adopted.

On motion of Mr. Downing,—

Ordered, That the Clerk begin printing a Journal of the Senate, as authorized by Senate Rule 6, and that the daily reading thereof be dispensed with; that, under authority of Section 10 of Chapter 5 of the General Laws, such number of copies of the journal of the entire session as the committee on Ethics and Rules shall determine be printed and bound with customary appendices and an index; and that a certified copy thereof be deposited with the Secretary of the Commonwealth as the Official Journal of the Senate.

PAPERS FROM THE HOUSE.
Emergency Preambles Adopted.

An engrossed Bill authorizing the Department of Social Services to maintain and release certain information for the protection of children in compliance with federal law (see House, No. 4448), 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 12 to 0.
The bill was signed by the President and sent to the House for enactment.

An engrossed Bill relative to complying with the Federal Safe Timely Placement of Foster Children Act of 2006 and the Child and Family Services Inprovement Act of 2006 (see House, No. 4449), 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 10 to 0.
The bill was signed by the President and sent to the House for enactment.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:—

Resolutions (filed by Mr. Moore) “commending UMass Memorial Health Care for leading efforts to limit ties between physicians and drug or medical device manufacturers.”

Orders of the Day.

The Orders of the Day were considered, as follows:

Bills
Permitting the reinstatement of Roger B. Cataldo to the police department of the town of Southwick (Senate, No. 1529); and
Authorizing the town of Weston to grant a license for the sale of wine at a food store (House, No. 4177);
Were severally read a second time and ordered to a third reading.

The Senate Bill for a healthy Massachusetts safer alternatives to toxic chemicals (Senate, No. 2406),— was considered; the main question being on ordering the bill to a third reading.
On motion of Ms. Resor, the further consideration thereof was postponed until the next session.

Report of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill to reduce carbon dioxide emissions through participation in the regional greenhouse gas initiative (Senate, No. 2422) ought to pass, with an amendment substituting a new draft entitled “An Act providing for participation in the regional greenhouse gas initiative” (Senate, No. 2456).
There being no objection, the rules were suspended, on motion of Mr. Tolman, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2456) was then ordered to a third reading and read a third time.
After remarks and pending the question on passing the bill to be engrossed, Ms. Menard moved to amend the bill by striking out Section 6. The amendment was rejected.

Messrs. Tarr, Knapik, Hedlund and Brown moved to amend the bill by adding the following section:—
“SECTION 8. The secretary of energy and environmental affairs and the division of energy resources shall certify annually to the clerks of the senate and house of representatives the cost to energy generators due to compliance with the Regional Greenhouse Gas Initiative. If such amount exceeds $150 million in a given year, the Commonwealth shall immediately suspend participation in the Regional Greenhouse Gas Initiative until such time as the costs to the energy generators are no longer projected to exceed $150 million.”
After remarks, the amendment was rejected.
Mr. Tarr doubted the vote and asked for a call of the yeas and nays; and a sufficient number having arisen, the yeas and nays were ordered.
The question on adoption of the amendment was determined by a call of the yeas and nays, at twenty minutes before three o’clock P.M., on motion of Mr. Tarr, as follows, to wit (yeas 5 — nays 27) [Yeas and Nays No. 155]:

YEAS.
Brown, Scott P. Tarr, Bruce E.
Hedlund, Robert L. Tisei, Richard R. — 5.
Knapik, Michael R.
NAYS.
Antonioni, Robert A. Montigny, Mark C.
Augustus, Edward M., Jr. Moore, Richard T.
Baddour, Steven A. Morrissey, Michael W.
Brewer, Stephen M. O’Leary, Robert A.
Buoniconti, Stephen J. Panagiotakos, Steven C.
Chandler, Harriette L. Petruccelli, Anthony
Creedon, Robert S., Jr. Resor, Pamela
Downing, Benjamin B. Rosenberg, Stanley C.
Fargo, Susan C. Spilka, Karen E.
Hart, John A., Jr. Timilty, James E.
Jehlen, Patricia D. Tolman, Steven A.
Joyce, Brian A. Tucker, Susan C.
McGee, Thomas M. Walsh, Marian — 27.
Menard, Joan M.
ABSENT OR NOT VOTING.
Berry, Frederick E. Galluccio, Anthony D.
Candaras, Gale D. Pacheco, Marc R.
Creem, Cynthia Stone Wilkerson, Dianne — 6.

The yeas and nays having been completed at a quarter before three o’clock P.M., the amendment was rejected.

Messrs. Tarr, Tisei, Knapik, Hedlund and Brown moved to amend the bill, in Section 3, in proposed Section 21 of Chapter 21A, in subsection (c), in paragraph (1), by inserting after the word secretary, the following additional words:— “; provided, however, that not less than 25 percent of the funds recovered from the allowance auction shall be used for energy efficiency and renewable energy projects in municipalities”.
After debate, the question on adoption of the amendment was determined by a call of the yeas and nays, at four minutes past three o’clock P.M., on motion of Mr. Tarr, as follows, to wit (yeas 7 — nays 25) [Yeas and Nays No. 156]:

YEAS.
Antonioni, Robert A. Tarr, Bruce E.
Brown, Scott P. Tisei, Richard R.
Hedlund, Robert L. Tucker, Susan C. — 7.
Knapik, Michael R.
NAYS.
Augustus, Edward M., Jr. Creedon, Robert S., Jr.
Baddour, Steven A. Downing, Benjamin B.
Brewer, Stephen M. Fargo, Susan C.
Buoniconti, Stephen J. Hart, John A., Jr.
Chandler, Harriette L. Jehlen, Patricia D.
Joyce, Brian A. Petruccelli, Anthony
McGee, Thomas M. Resor, Pamela
Menard, Joan M. Rosenberg, Stanley C.
Montigny, Mark C. Spilka, Karen E.
Moore, Richard T. Timilty, James E.
Morrissey, Michael W. Tolman, Steven A.
O’Leary, Robert A. Walsh, Marian — 25.
Panagiotakos, Steven C.
ABSENT OR NOT VOTING.
Berry, Frederick E. Galluccio, Anthony D.
Candaras, Gale D. Pacheco, Marc R.
Creem, Cynthia Stone Wilkerson, Dianne — 6.

The yeas and nays having been completed at seven minutes past three o’clock P.M., the amendment was rejected.

Messrs. Tarr, Tisei, Knapik, Hedlund and Brown moved to amend the bill by adding the following section:—
“SECTION 8. This act shall be superseded by any federal law or regulation establishing a national carbon dioxide emissions cap or equivalent regulatory program that complies substantially with the goals of the Regional Greenhouse Gas Initiative.
The amendment was rejected.

Messrs. Tarr, Tisei, Knapik, Hedlund and Brown moved to amend the bill, in section 4, by adding the following sentence:— “The department and the division shall provide a draft of these regulations to the clerks of the house and senate, the house and senate chairs of the joint committee on natural resources, environment and agriculture and the chairs of the house and senate committees on ways and means not later than 30 days before the date on which the regulations go into effect.”
The amendment was adopted.

Messrs. Tarr, Tisei, Knapik, Hedlund and Brown moved to amend the bill, in Section 3, in proposed Section 21 of Chapter 21A, in subsection (c), in paragraph (1), by inserting after the word secretary, the following additional words:— “; provided, however, that the division shall report annually, not later than December 31, to the clerks of the senate and house of representatives, the house and senate chairs of the joint committee on natural resources, environment and agriculture and the chairs of the house and senate committees on ways and means detailing the distribution of money from the fund pursuant to this clause”.
After remarks, the amendment was adopted.
The bill (Senate, No. 2456, amended) was then passed to be engrossed.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.
Engrossed Bills — Land Takings for Conservation, Etc.

An engrossed Bill authorizing the sale of a certain parcel of land in the city of Waltham to said city (see House, No. 4342) (which originated in the House), 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 twenty-three minutes past three o’clock P.M., as follows, to wit (yeas 32 — nays 0) [Yeas and Nays No. 157]:

YEAS.
Antonioni, Robert A. Menard, Joan M.
Augustus, Edward M., Jr. Montigny, Mark C.
Baddour, Steven A. Moore, Richard T.
Brewer, Stephen M. Morrissey, Michael W.
Brown, Scott P. O’Leary, Robert A.
Buoniconti, Stephen J. Panagiotakos, Steven C.
Chandler, Harriette L. Petruccelli, Anthony
Creedon, Robert S., Jr. Resor, Pamela
Downing, Benjamin B. Rosenberg, Stanley C.
Fargo, Susan C. Spilka, Karen E.
Hart, John A., Jr. Tarr, Bruce E.
Hedlund, Robert L. Timilty, James E.
Jehlen, Patricia D. Tisei, Richard R.
Joyce, Brian A. Tolman, Steven A.
Knapik, Michael R. Tucker, Susan C.
McGee, Thomas M. Walsh, Marian — 32.
NAYS — 0.
ABSENT OR NOT VOTING.
Berry, Frederick E. Galluccio, Anthony D.
Candaras, Gale D. Pacheco, Marc R.
Creem, Cynthia Stone Wilkerson, Dianne — 6.

 

The yeas and nays having been completed at twenty-six minutes past three o’clock P.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.

An engrossed Bill releasing certain land in the town of Reading from the operation of a restriction on land (see House, No. 4384) (which originated in the House), 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 twenty-seven minutes past three o’clock P.M., as follows, to wit (yeas 32 — nays 0) [Yeas and Nays No. 158]:

YEAS.
Antonioni, Robert A. Menard, Joan M.
Augustus, Edward M., Jr. Montigny, Mark C.
Baddour, Steven A. Moore, Richard T.
Brewer, Stephen M. Morrissey, Michael W.
Brown, Scott P. O’Leary, Robert A.
Buoniconti, Stephen J. Panagiotakos, Steven C.
Chandler, Harriette L. Petruccelli, Anthony
Creedon, Robert S., Jr. Resor, Pamela
Downing, Benjamin B. Rosenberg, Stanley C.
Fargo, Susan C. Spilka, Karen E.
Hart, John A., Jr. Tarr, Bruce E.
Hedlund, Robert L. Timilty, James E.
Jehlen, Patricia D. Tisei, Richard R.
Joyce, Brian A. Tolman, Steven A.
Knapik, Michael R. Tucker, Susan C.
McGee, Thomas M. Walsh, Marian — 32.
NAYS — 0.
ABSENT OR NOT VOTING.
Berry, Frederick E. Galluccio, Anthony D.
Candaras, Gale D. Pacheco, Marc R.
Creem, Cynthia Stone Wilkerson, Dianne — 6.

The yeas and nays having been completed at twenty-nine minutes past three o’clock P.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.

Engrossed Bills.

The following engrossed bills (all 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 President and laid before the Governor for his approbation, to wit:
Relative to the Ipswich affordable housing trust fund (see House, No. 4072);
Authorizing the Department of Social Services to maintain and release certain information for the protection of children in compliance with federal law (see House, No. 4448); and
Relative to complying with the Federal Safe Timely Placement of Foster Children Act of 2006 and the Child and Family Services Inprovement Act of 2006 (see House, No. 4449).

Order Adopted.

On motion of Mr. Panagiotakos,—

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at eleven o’clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

On motion of Mr. O’Leary, at a half past three o’clock P.M., the Senate adjourned to meet on the following day at eleven o’clock A.M.