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.

Wednesday, February 28, 2007.

Met at two minutes past two o’clock P.M. (Ms. Menard in the Chair).

Communication.

A communication was received from the Honorable Robert E. Travaglini, President of the Senate, announcing the reappointment of Senators Mark C. Montigny, Richard T. Moore and Bruce E. Tarr as directors of the National Legislative Association on Prescription Drug Prices during the 2007-2008 sessions,— was placed on file.

Report of a Committee.

Mr. Tolman, for the committee on Ethics and Rules, reported that the following matter be placed on the Orders of the Day for the next session:

The House Bill relative to the Swansea Water District (House, No. 2031).

PAPERS FROM THE HOUSE.

Bills
Establishing a sick leave bank for Kimberly Chuckran, an employee of the Department of Correction, (House, No. 2513,— on petition);

Establishing a sick leave bank for Denise Goodreau, an employee of the Department of Mental Retardation, (House, No. 2548,— on petition);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bill Returned with Recommendation of Amendment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill making appro­pri­ations for fiscal year 2007 to provide for supplementing certain exist­ing appropriations and for certain other activities and projects (see House, No. 2037, amended) insomuch as relates to Section 3 (see House, No. 3751) [For message see House, No. 3750],— came from the House with the endorsement that the House had adopted the amendment recommended by the Governor (as approved by committee on Bills in the Third Reading), as follows:

By striking out all after the enacting clause and inserting in place thereof the following:

“SECTION 1. Section 31 of chapter 9 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the fourth and fifth sentences and inserting in place thereof the following two sentences:— From March 15, 2003 until June 30, 2011 all surcharges on fees collected pursuant to this section shall be forwarded to the Registers Technologies Fund, established in section 2JJJ of chapter 29.

SECTION 2. Section 41 of chapter 36 of the General Laws as so appearing, is hereby amended by striking out the fourth and fifth sentences and inserting in place thereof the following 2 sentences:— From March, 15 2003 to June 20, 2011 all surcharges on fees collected pursuant to this section shall be forwarded to the County Registers Technological Fund, established in section 2KKK of chapter 29. From Jul1, 2011, all of the surcharges shall; be forwarded to the General Fund as provided in section 2 of said chapter 29.”,— was referred to the committee on Ways and Means.

There being no objection, at three minutes past two o’clock P.M., the Chair (Ms. Menard) declared a recess, subject to the call of the Chair; and, at nineteen minutes past two o’clock P.M. the Senate reassembled, the President in the Chair.

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

Orders of the Day.

The Orders of the Day were considered as follows:

Reorganization Plan No. 1 of 2007, relative to reorganizing the Governor’s Cabinet and certain agencies of the Executive Department (House, No. 2034),— was considered, the question being shall this reorganization plan be approved.

After debate, the question on approving the reorganization plan was determined by a call of the yeas and nays, at thirteen minutes before three o’clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 37 — nays 0) [Yeas and Nays No. 4]:

YEAS.
Antonioni, Robert A. McGee, Thomas M.
Augustus, Edward M., Jr. Menard, Joan M.
Baddour, Steven A. Montigny, Mark C.
Barrios, Jarrett T. Moore, Richard T.
Brewer, Stephen M. Morrissey, Michael W.
Brown, Scott P. Murray, Therese
Buoniconti, Stephen J. O’Leary, Robert A.
Candaras, Gale D. Panagiotakos, Steven C.
Chandler, Harriette L. Resor, Pamela
Creedon, Robert S., Jr. Rosenberg, Stanley C.
Creem, Cynthia Stone Spilka, Karen E.
Downing, Benjamin B. Tarr, Bruce E.
Fargo, Susan C. Timilty, James E.
Hart, John A., Jr. Tisei, Richard R.
Havern, Robert A. Tolman, Steven A.
Hedlund, Robert L. Tucker, Susan C.
Jehlen, Patricia D. Walsh, Marian
Joyce, Brian A. Wilkerson, Dianne — 37.
Knapik, Michael R.

 
NAYS — 0.
ABSENT OR NOT VOTING.
Berry, Frederick E. Pacheco, Marc R. — 2.

The yeas and nays having been completed at ten minutes before three o’clock P.M., Reorganization Plan No. 1 was approved.

PAPER FROM THE HOUSE.
Engrossed Bill — Land Taking for Conservation, Etc.

An engrossed bill releasing certain land in the town of Amherst from the operation of an agricultural preservation restriction (see Senate, No. 16) (which originated in the Senate), 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 nine minutes before three o’clock P.M., as follows, to wit (yeas 36 — nays 0) [Yeas and Nays No. 5]:

YEAS.
Antonioni, Robert A. Knapik, Michael R.

Augustus, Edward M., Jr. Menard, Joan M.
Baddour, Steven A. Montigny, Mark C.
Barrios, Jarrett T. Moore, Richard T.
Brewer, Stephen M. Morrissey, Michael W.
Brown, Scott P. Murray, Therese
Buoniconti, Stephen J. O’Leary, Robert A.
Candaras, Gale D. Panagiotakos, Steven C.
Chandler, Harriette L. Resor, Pamela
Creedon, Robert S., Jr. Rosenberg, Stanley C.
Creem, Cynthia Stone Spilka, Karen E.
Downing, Benjamin B. Tarr, Bruce E.
Fargo, Susan C. Timilty, James E.
Hart, John A., Jr. Tisei, Richard R.
Havern, Robert A. Tolman, Steven A.
Hedlund, Robert L. Tucker, Susan C.
Jehlen, Patricia D. Walsh, Marian
Joyce, Brian A. Wilkerson, Dianne — 36.
NAYS — 0.
ABSENT OR NOT VOTING.
Berry, Frederick E. Pacheco, Marc R. —3.
McGee, Thomas M.  

The yeas and nays having been completed at six minutes before 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 Acting President (Mr. Rosenberg) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair) and laid before the Governor for his approbation.

Resolutions.

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

Resolutions (filed by Messrs. Augustus and Brewer, Ms. Candaras, Messrs. Knapik, Montigny Moore and Morrissey, Ms. Resor, Ms. Spilka, Messrs. Timilty and Tisei, Ms. Tucker and Ms. Wilkerson) “memorializing the Congress of the United States to enact legislation to correct the social security and private pension prevention disparity known as the Windfall Elimination Provision.”

PAPER FROM THE HOUSE.
Emergency Preamble Adopted.

An engrossed Bill authorizing the Commissioner of Capital Asset Management and Maintenance to convey certain land in the town of Foxborough (see House, No. 2020), 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 LVII of the Constitution, the preamble was adopted in concurrence, by a vote of 6 to 0.
The bill was signed by the President and sent to the House for enactment.

Matter Taken Out of the Notice Section of the Calendar.

There being no objection, the following matter was taken out of the Notice Section of the Calendar and considered as follows:
The House Bill relative to a certain tax exemption in the town of Montague (House, No. 2027),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

PAPERS FROM THE HOUSE.

A Bill establishing a sick leave bank for Cheryl L. Traina, an employee of the Department of Revenue (House, No. 3744,— on petition),— was read.
There being no objection, the rules were suspended, on motion of Ms. Menard, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

A Bill validating the actions taken at a certain election held in the town of Wareham (printed in House, No. 3747,— being a message from His Excellency the Governor),— was read.
There being no objection, the rules were suspended, on motion of Ms. Spilka, and the bill 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 Ms. Murray, for the committee on Ways and Means, that the message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill making appropriations for fiscal year 2006 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 2037, amended) insomuch as relates to Section 3 (see House, No. 3751) [for message, see House, No. 3750],— ought to be adopted (as previously approved by the House committee on Bills in the Third Reading).
The rules were suspended, on motion of Mr. Morrissey, and the matter considered forthwith.
The message was read; and, under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate subject to amendment and re-enactment.
On motion of Mr. Morrissey the Governor’s amendment was adopted.
Sent to the House for re-enactment.

Order Adopted.

On motion of Mr. Havern,—
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 the same Senator, at two minutes before three o’clock P.M., the Senate adjourned to meet on the following Thursday at eleven o’clock A.M.