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


Thursday, February 28, 2008.

Met at three minutes past eleven o’clock A.M. (Mr. Hart 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. Hart), members, guests and employees then recited the pledge of allegiance to the flag.


A communication from the Sheriff of Hampden County relative to a plan of correction submitted pursuant to inspection of the Hamp­den County Sheriff’s Department and Correctional Center (received Monday, February 11, 2008),— was placed on file.


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 Souza-Baranowski Correctional Center (received Wednesday, February 20, 2008),— was read and sent to the House for its information.


Mr. Brewer presented a petition (accompanied by bill, Senate, No. 2519) of Stephen M. Brewer and Lewis G. Evangelidis (by vote of the town) for legislation relative to the Recreation Revolving Fund in the town of Rutland,— and the same was referred, under Senate Rule 20, to the committee on Municipalities and Regional Government.
Sent to the House for concurrence.


A message from His Excellency the Governor (under the pro-visions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to establishing a voting precinct in the town of Hingham (House, No. 4560),— was referred, in concurrence, to the committee on Election Laws.

A petition (accompanied by bill, House, No. 4555) of Kathi-Anne Reinstein and others (with the approval of the mayor and city council) relative to the terms of certain bonds of the city of Revere to be issued to finance the construction of a new police headquarters and an east fire station in said city,— was referred, in con­currence, to the committee on Municipalities and Regional Government.


The Clerk read the following communication:


February 26, 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 several matters that came before the Senate on February 26, 2008. Had I been present, I would have voted in the following manner:

• Yes, Amendment #7, Senate Bill, No. 2472
• Yes, Amendment #11, Senate Bill, No. 2472
• Yes, House Bill, No. 4431
• Yes, House Bill, No. 4440
• Yes, Amendment #13, Senate Bill, No. 2472
• Yes, House Bill, No. 4333
• No, Senate Bill, No. 2513
I respectfully request that a copy of this letter be printed in the Senate Journal as part of the official record for February 26, 2008. Thank you in advance for your attention to this important matter.

Majority Leader.

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

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 town meetings in the town of Orange (House, No. 4277),— was read a third time and passed to be engrossed, in concurrence.


A petition (accompanied by bill, House, No. 4567) of John A. Lepper and Scott P. Brown that the Department of Mental Retardation be directed to establish a sick leave bank for Marie Silva, an employee of said department,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Public Service.

Engrossed Bill.

An engrossed Bill further regulating elections in the town of Plymouth (see House, No. 4267) (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. Hart) and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Brown,—

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.

Moment of Silence.

At the request of the Chair (Mr. Hart), the members, guests and employees stood in a moment of silence and reflection to the memory of Andrew S. Castonguay.

Adjournment in Memory of Andrew S. Castonguay.

The Senator from Worcester, Hampden, Hampshire and Franklin, Mr. Brewer, requested that when the Senate adjourns today, it adjourn in memory of Andrew S. Castonguay.

Andrew S. Castonguay passed away Wednesday, Febru­ary 13, 2008. Andrew was a graduate of Ralph C. Mahar Regional High School, 20 years old, and engaged to be married in 2010. He lost his life while helping another motorist whose car had rolled over. This Good Samaritan act was not out of character for Andrew and we should all strive to have such compassion for others. He will be greatly missed by his family and friends who loved him dearly.

Accordingly, as a mark of respect to the memory of Andrew S. Castonguay, at eight minutes past eleven o’clock A.M., on motion of Mr. Brown, the Senate adjourned to meet again on Monday next at eleven o’clock A.M