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, February 14, 2008.

Met according to adjournment at eleven o’clock A.M. (Ms. Spilka 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 (Ms. Spilka), members, guests and employees then recited the pledge of allegiance to the flag.

Communication.

A communication from the Honorable Therese Murray, President of the Senate, announcing her appointment of Senator Susan C. Fargo to the Special Commission established (pursuant to Chapter 2 of the Resolves of 2007) to make an investigation and study of the hygienic procedures pertaining to band instruments in schools and to minimize the risks of cross-contamination when instruments are transferred from one musician to another,— was placed on file.

Reports.

The following reports were severally read and placed on file:
A report of the Joint Committee on Education (pursuant to Sec­tion 2 of Chapter 45 of the Acts of 2005, as amended by Section 26 of Chapter 140 of the Acts of 2007) submitting its recommendations relative to the Report of the Massachusetts Special Commission on After School and Out of School Time (received Tuesday, February 12, 2008); and
A report of the Office of Community Corrections (under the provisions of line item 0339-1004 in the Fiscal Year 2008 Budget) submitting its copy of the Office of Community Corrections Spending and Management Plan (received Wednesday, February 13, 2008).

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws relative to inspection of MCI Framingham (received Wednesday, February 13, 2008),— was read and sent to the House for its information.

Petition.

Mr. Baddour presented a petition (subject to Joint Rule 12) of Steven A. Baddour, Gerard T. Leone, Charles A. Murphy, Steven C. Panagiotakos and other members of the General Court for legis­lation relative to further protecting victims from sexually danger­ous persons,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

PAPERS FROM THE HOUSE.

A Bill allowing town meetings to be held in June (House, No. 1943,— on House, No. 1964).
Read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Bills
Relative to administrative oversight of the hiring process in the town of West Boylston (House, No. 4099,— on petition) [Local approval received]; and
Authorizing the town of Tewksbury to lease land conveyed for cemetery and recreation purposes (House, No. 4135,— on petition).
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

A report of the committee on Bonding, Capital Expenditures and State Assets, asking to be discharged from further consideration of certain sections of the message from His Excellency the Governor (accompanied by bill, House, No. 4234) recommending legislation relative to providing for the investment in and expansion of the life sciences industry in the Commonwealth, and recommending that sections 2, 3 and 4 be referred to the committee on House Ways and Means,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Notice was received from the House announcing the following appointment:

That Representative Donato of Medford has been appointed by the Speaker of the House to the Special Commission (pursuant to Chapter 2 of the Resolves of 2007) for the purpose of making an investigation and study of the hygienic procedures pertaining to band instruments and the prevention of the spread of contagious diseases through the use of such instruments in schools and to minimize the risks of cross-contamination when instruments are transferred from one musician to another.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Ms. Candaras, Messrs. Augustus, Joyce, Montigny, Rosenberg and Ms. Tucker) “urging support for international education and foreign exchange student programs”;
Resolutions (filed by Ms. Creem) “recognizing the one hundredth anniversary of the Highland Glee Club”; and
Resolutions (filed by Ms. Fargo) “commending the American Heart Association’s observance of February 2008 as American Heart Month.”

Communications.

The Clerk read the following communications:

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

February 14, 2008.

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

Dear Mr. Clerk:

Due to a scheduling conflict, I was out of the state during the formal Senate session on Tuesday, February 12, 2008 and Wednes­day February 13, 2008, and therefore, was not present for the roll call votes on House Bill No. 975, exempting certain bank fees, House Bill No. 4228, designating Normal Rockwell as the official artist of the Commonwealth, and House Bill No. 4257, authorizing Harwich to acquire certain real property.

Had I been present, I would have voted in the affirmative on all three matters.

I would appreciate the printing of this communication in the Senate Journal. Thank you in advance for your assistance with this request.

Sincerely,
STANLEY C. ROSENBERG,
State Senator,
Hampshire and Franklin.

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

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

February 14, 2008.

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

Dear Mr. Clerk:

Due to the fact that I am recuperating from a recent illness, I was unable to vote on one matter that came before the Senate on February 12, 2008. Had I been present, I would have voted in favor of House Bill, No. 4257.

I respectfully request that a copy of this letter be printed in the Senate Journal as part of the official record for February 12, 2008. Thank you in advance for your attention to this important matter.

Sincerely,
FREDERICK E. BERRY,
Majority Leader.

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

PAPERS FROM THE HOUSE.

The Senate Bill relative to oceans (Senate, No. 2346, amended),— came from the House passed to be engrossed, in concurrence with amendments striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 4527; and by striking out the title and inserting in place thereof the following title: “An Act protecting the public trust and safeguard ocean resources.”.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the House amendment was considered forthwit and the Senate NON-concurred in the House amendment.
The same Senator asked for a committee of conference on the disagreeing votes of the two branches; and Senators O’Leary, Resor and Tarr were appointed to the committee on the part of the Senate.
The bill was returned to the House endorsed accordingly.

Engrossed Bills.

An engrossed Bill authorizing the Division of Capital Asset Management and Maintenance to exchange certain land in the town of Needham (see House, No. 4367 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 President and again laid before the Governor for his approbation.

The following engrossed bills (the first two of which originated in the Senate), 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 Acting President (Ms. Spilka) and laid before the Governor for his approbation, to wit:
Regulating the distribution of household cleaning products containing phosphorous (see Senate, No. 536, changed and amended);
Further regulating employee compensation (see Senate, No. 1059); and
Authorizing the town of Cohasset Water Department to provide water services to entities outside Cohasset (see House, No. 4014).

A report of the committee on Environment, Natural Resources and Agriculture, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 473) of Stephen M. Brewer for legislation to promote alternative energy on farms, and recommending that the same be referred to the House committee on Ways and Means,— was considered forthwith under Senate Rule 36.
On motion of Mr. Hedlund, the Senate NON-concurred in the discharge to the committee on House Ways and Means.
Sent to the House for its action.

Engrossed Bill.

An engrossed Bill authorizing the investment of trust funds for the city of Northampton (see Senate, No. 2400) (which originated in the Senate), 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 (Ms. Spilka) and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Hedlund,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Tuesday 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 twelve minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Tuesday at eleven o’clock A.M.