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.

Monday, January 7, 2008.

Met at ten minutes past eleven o’clock A.M.

The President, members, guests and employees then recited the pledge of allegiance to the flag.

Communication.

A communication from the Department of Public Health relative to a plan of correction submitted pursuant to inspection of the Western Massachusetts Correctional Alcohol Center (received Friday, December 28, 2007),— was placed on file.

Reports.

The following reports were severally read and placed on file:

A report of MassDevelopment and the Massachusetts Cultural Council (pursuant to Chapter 123 of the Acts of 2006) submitting its first annual report of the Massachusetts Cultural Facilities Fund (received Friday, December 28, 2007);
A report of MassDevelopment and the Brownfields Advisory Group submitting its Brownfields Redevelopment Fund 2007 Annual Report (received Friday, December 28, 2007);
A report of the Joint Labor-Management Committee (pursuant to Chapter 589 of the Acts of 1987) relative to dispute resolution (received Wednesday, January 2, 2008);
A report of the Executive Office of Housing and Economic Development (in accordance with Section 2B of Chapter 123 of the Acts of 2006) submitting its annual report of the Massachusetts Opportunity Relocation and Expansion (MORE) Jobs Capital Program (received Thursday, January 3, 2008); and
A report of the Norfolk County District Attorney (under the provisions of Section 99R of Chapter 272 of the General Laws) submitting its Annual Report of Interceptions Made (received Friday, January 4, 2008).

Petition.

Mr. Brewer presented a petition (subject to Joint Rule 12) of Stephen M. Brewer for legislation relative to recreational vehicles,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Committee Discharged.

Mr. Moore, for the committee on Health Care Financing, reported, asking to be discharged from further consideration
Of the Senate Bill restoring health benefits to eligible legal immigrants (Senate, No. 667); and
Of the Senate Bill relative to the protection and care of children in the Department of Social Services (Senate, No. 2390);
And recommending that the same severally be referred to the Senate committee on Ways and Means.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.
Severally sent to the House for concurrence in the discharge of the joint committee.

PAPERS PROM THE HOUSE.

A Bill authorizing Brendan Gormley to take the civil service examination for firefighter in the town of Arlington (House, No. 4142,— on petition) (Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Reports
Of the committee on Health Care Financing, asking to be discharged from further consideration
Of the House Bill establishing an independent office of quality assurance for mentally retarded persons (House, No. 136);
Of the House Bill to establish an office of youth development (House, No. 143);
Of the House Bill relative to the authority of the Disabled Persons Protection Commission pursuant to Chapter 19C (House, No. 2081);
Of the House Bill relative to the definition of disabled person as used by the Disabled Persons Protection Commission (House, No. 2082); and
Of the House Bill relative to the authority of the Disabled Persons Protection Commission pursuant to Chapter 19C (House, No. 2083);
And recommending that the same severally be referred to the House committee on Ways and Means.
Of the committee on Public Health, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 2244) of John W. Scibak and others relative to behavior analysts,— and recommending that the same be referred to the committee on Children, Families and Persons with Disabilities.
Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Pacheco) “congratulating Patrick F. Gray upon his elevation to the rank of Eagle Scout”;
Resolutions (filed by Mr. Pacheco) “congratulating Joshua Kruger upon his elevation to the rank of Eagle Scout”;
Resolutions (filed by Mr. Pacheco) “congratulating Brian Sanborn, Jr., on his Eagle Scout Award”; and
Resolutions (filed by Mr. Pacheco) “congratulating Daniel James Wood on his Eagle Scout Award.”

Communication.

The Clerk read the following communication:

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

January 3, 2008.

Mr. William Welch, Clerk
Massachusetts State Senate
State House, Room 335
Boston, MA 02133

Dear Mr. Clerk:

On Wednesday January 2008, I was absent from the Senate Floor due to a medical emergency. I missed four roll calls. The first two Roll Calls were amendments to S-2422, An Act to Reduce Carbon Dioxide Emissions through participation in the Regional Greenhouse Gas Initiative. Had I been present, I would have voted no on both amendments.

The last two votes were land takings H-4384, An Act Releasing Certain Land in the Town of Reading From The Operation of a Restriction on Land and H-4342, An Act Authorizing the Sale of a Certain Parcel of Land in the City of Waltham to Said City. Had I been present, I would have voted yes on both bills.
I would respectfully request that this letter be published in the Senate Journal as part of the official record for Wednesday, January 2, 2008. Thank you in advance for your assistance in this matter.

Sincerely,
DIANNE WILKERSON,
State Senator,
Second Suffolk District.

On motion of Ms. Fargo, 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 relative to the investment of trust funds for the city of Northampton (Senate, No. 2400),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act authorizing the investment of trust funds for the city of Northampton”.
Sent to the House for concurrence.

The House Bill establishing a sewer system capital improvement fund for the town of Hadley (House, No. 4217),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Reports 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 Stephen M. Brewer, Richard T. Moore, Anne M. Gobi, Dianne Wilkerson and other members of the General Court for legislation to allow environmental police officers to carry a firearm in any court facility in the Commonwealth.
Senate Rule 36 was suspended, on motion of Mr. Petruccelli, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on the Judiciary.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted.

Mr. Petrucelli in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair), an engrossed Bill establishing a sick leave bank for Patricia Hiersche, an employee of the Department of Mental Retardation (see House, No, 4418), 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 3 to 0.
The bill was signed by the Acting President (Mr. Petruccelli) and sent to the House for enactment.

Engrossed Bill.

An engrossed Bill relative to the charter of the town of Westborough (see House, No. 4101) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and was signed by the Acting President (Mr. Petruccelli) and laid before the Governor for his approbation.

Order Adopted.

On motion of Ms. Fargo,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Wednesday next at one o’clock P.M., in a full formal session.

On motion of the same Senator, at twenty minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Wednesday at one o’clock P.M.