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, January 3, 2008.

Met at two minutes past eleven o’clock A.M. (Mr. Rosenberg in the Chair).

The Senator from Hampden and Hampshire, Mr. Knapik, led the Chair (Mr. Rosenberg), members, guests and employees in the recitation of the pledge of allegiance to the flag.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Hart) “congratulating Cornelius Patrick Bulman, Jr. on the occasion of his retirement”;
Resolutions (filed by Mr. Joyce) “commending Joseph Patrick Walsh of Stoughton Boy Scout Troop 88 on earning the Eagle Scout Award”; and
Resolutions (filed by Mr. O’Leary) “recognizing William Hooper for his career in the National Park Service.”

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
SENATE MAJORITY LEADER
STATE HOUSE, BOSTON 02133-1053

January 2, 2008.

William Welch, Clerk
Massachusetts State Senate
State House, Room 334
Boston, MA 02133

Dear Mr. Clerk:

Due to the fact that I am recuperating from a recent illness, I was unable to vote on several matters that came before the Senate on January 2, 2008. Had I been present, I would have voted in the following manner:

• Yes, H. 4342 • No, Amendment # 1 relative to S. 2456
• Yes, H. 4384 • No, Amendment # 2 relative to S. 2456

I respectfully request that a copy of this letter be printed in the Senate Journal as part of the official record for January 2, 2008. Thank you in advance for your attention to this important matter.

Sincerely,
FREDERICK E. BERRY,
Majority Leader.

On motion of Mr. Timilty, the above communication was ordered printed in the Journal of the Senate.

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 authorizing the town of Templeton to exchange a parcel of conservation land for a larger parcel to be held for conservation purposes (Senate, No. 2318),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill establishing a special fund in the town of Brimfield (Senate, No. 2328, changed),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

Report of Committees.

By Mr. Downing, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Michael R. Knapik, Stephen P. LeDuc, James M. Murphy, Bruce E. Tarr and other members of the General Court for legislation relative to tax deductions for home heating.
Senate Rule 36 was suspended, on motion of Ms. Fargo, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Revenue.
Sent to the House for concurrence.

Recess.

There being no objection, at six minutes past eleven o’clock A.M., the Chair (Mr. Rosenberg) declared a recess; and at five minutes past twelve o’clock noon, the Senate reassembled, Mr. Rosenberg in the Chair.

Matter Taken Out of the Orders of the Day.

There being no objection, the following matter was taken out of the Orders of the Day and considered as follows:
The House Bill relative to the charter of the town of Westborough (House, No. 4101),— 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.

By Mr. Panagiotakos, for the committee on Ways and Means, on House, No. 4373, in part, a “Bill to generate renewable energy and efficiency now” (Senate, No. 2457).
The bill was read.

Order Adopted.

Ms. Fargo offered the following order:

Ordered, That notwithstanding Senate Rule 7 or any other rule to the contrary, the Senate Bill to generate renewable energy and efficiency now (Senate, No, 2457) as reported by the committee on Ways and Means shall be placed in the Orders of the Day for consideration of its second reading on Wednesday, January 9, 2008.

All amendments to the bill shall be filed electronically in the office of the Clerk of the Senate by 5:00 p.m. on Friday, January 4, 2008. All such amendments shall be second reading amendments, but further amendments in the third degree to such amendments shall be in order. The Clerk shall further specify the procedure and format for filing all amendments, consistent with this order.

After the bill as amended is ordered to a third reading, it shall immediately be read a third time and the question shall then immediately be on passing it to be engrossed, and no amendments shall be in order at the third reading of the bill unless recommended by the committee on Bills in the Third Reading.
Under the rules, referred to the committee on Ethics and Rules.
Subsequently, Mr. Downing, for the said committee on Ethics and Rules, reported, recommending that the order be adopted; and, there being no objection, the committee report was accepted and the order was adopted.
The bill (Senate, No. 2457) was then placed in the Orders of the Day for Wednesday, January 9, 2008, for a second reading.

Report of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Patricia Hiersche, an employee of the Department of Mental Retardation (House, No. 4418), ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Timilty, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Order Adopted.

On motion of Mr. Hedlund,—
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 ten minutes past twelve o’clock noon, the Senate adjourned to meet on the following Monday at eleven o’clock A.M.