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.


Seal of the Commonwealth of Massachusetts


Monday, February 4, 2008.

Met according to adjournment at eleven o’clock A.M. (Mr. Petruccelli in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

The Chair (Mr. Petruccelli), members, guests and employees then recited the pledge of allegiance to the flag.


Petitions were presented and referred, as follows:
By Mr. Berry, a petition (subject to Joint Rule 12) of Frederick E. Berry and Theordore C. Speliotis for legislation to establish a sick leave bank for Ronald James an employee of the Department of Mental Retardation; and
By Ms. Menard, a petition (subject to Joint Rule 7B) of Joan M. Menard for legislation to permit a municipal committee in the town of Freetown to conduct raffles;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Report of a Committee on State Administration and Regulatory Oversight

Executive Reorganization Plan No. 1 of 2008.

Ms. Wilkerson, for the committee on State Administration and Regulatory Oversight, on the Reorganization Plan No. 1 of 2008 (submitted by the Governor under the provisions of Article LXXXVII of the Amendments to the Constitution) relative to reorganizing certain education agencies (see House, No. 4488) [for majority report see Senate, No. 2482],— reported, in accordance with a provision of Joint Rule 23A,— recommending that said Reorganization Plan No. 1 “ought to be approved”.
Placed in the Orders of the Day for the next session, the question being “Shall this reorganization plan be approved?”.

Committee Discharged.

Mr. Panagiotakos, for the committee on Ways and Means, reported, asking to be discharged from further consideration of the Senate Bill relative to defining principal’s contracts (Senate, No. 273),— and recommending that the same be referred to the Senate committee on Senate Ethics and Rules.
Under Senate Rule 36, the report was considered forthwith and accepted.


A message from His Excellency the Governor recommending legislation relative to providing for the disposition of surplus state real property based on smart growth land use policies (House, No. 4506),— was referred, in concurrence, to the committee on Bonding, Capital Expenditures and State Assets.

Engrossed Bill Returned by Governor with Recommendation of Amendment.

The engrossed Bill establishing the North Carver Water District (see Senate, No. 2308) (which on Thursday, January 24, 2008, had been laid before the Governor for his approbation), was returned to the Senate Clerk by the Governor on Friday, February 1, 2008, at five minutes past five o’clock P.M., with a message recommending an amendment.
The message (Senate, No. 2483) was read and the Senate proceeded to reconsider the bill, in accordance with the provisions of Article LVI of the Amendments to the Constitution.
Pending action thereon, the bill was referred to the committee on Bills in the Third Reading, on motion of Mr. Knapik.


The Clerk read the following communication:


January 31, 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 29, 2008. Had I been present, I would have voted in favor of the following matters:

• Senate Bill, No. 2438, Act to Promote Breastfeeding
• Amendment #7 to Senate Bill, No. 2479
• House Bill, No. 3741 Act Relative to a Dennis Land Conveyance
• House 4343, Brookline Land Transfer

I respectfully request that a copy of this letter be printed in the Senate Journal as part of the official record for January 29, 2008. Thank you in advance for your attention to this important matter.

Majority Leader.

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

Reports of Committees.

Mr. Downing, for the committee on Ethics and Rules, reported that the following matter be placed in the Orders of the Day for the next session:
The House Bill transferring the city of Marlborough to the Metrowest Regional Transit Authority (House, No. 4289).
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows:— “An Act further regulating the city of Marlborough’s membership in a regional transit authority”.

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 Robert S. Creedon, Jr. and Eugene L. O’Flaherty for legislation relative to safety at the John Adams Courthouse.
Senate Rule 36 was suspended, on motion of Mr. Tisei, 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.


Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4512) of Richard J. Ross relative to the definition of students enrolled in special education classes inside and outside of school districts;
Under suspension of Joint Rule 12, to the committee on Education.
Petition (accompanied by bill, House, No. 4513) of George N. Peterson, Jr., relative to certain boundary lines of the town of Grafton and South Grafton water districts.
Under suspension of Joint Rule 12, to the committee on Municipalities and Regional Government.

Engrossed Bill.

An engrossed Bill designating a certain bridge in the town of Dalton as the Benjamin-Muraca Memorial Bridge (see House, No. 3503, changed and amended) (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 re-enacted and was signed by the Acting President (Mr. Petruccelli) and again laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Tisei,—

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

Adjournment in Memory of Gordon Feltman.

The Senator from Middlesex, Ms. Fargo, requested that when the Senate adjourns today, adjourn in memory of Gordon Feltman, of Bedford, Massachusetts, who passed away on January 29, 2008, at the age of 78.

Gordon Feltman, a selectman of Bedford and Vice President of the Massachusetts Area Planning Council (MAPC) epitomized the engaged citizen. He served the Bedford town government in various capacities since 1979 and was member of MAPC as Bedford’s representative for 11 years. He will be sorely missed by the community and MAPC.

Accordingly, as a mark of respect to the memory of Gordon Feltman, at a quarter past eleven o’clock A.M., on motion of Mr. Tisei, the Senate adjourned to meet again on Wednesday next at eleven o’clock A.M.