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, March 1, 2007.

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

Communications.

The following communications were severally placed on file:

Communication from the Committee on Environment, Natural Resources and Agriculture (under the provisions of Joint Rule 1) relative to the rules of procedure for said committee for the 2007-2008 legislative session (received Monday, February 26, 2007);

Communication from the Office of Community Corrections (pursuant to line item 0339-1004 in the Fiscal Year 2007 Budget) submitting a copy of the Office of Community Corrections Spending and Management Plan (received Tuesday, February 27, 2007);

Communication from the Joint Committee on Municipalities and Regional Government (under the provisions of Joint Rule 1) relative to the rules of procedure for said committee for the 2007-2008 legislative session (received Tuesday, February 27, 2007);

Communication from the Joint Committee on Labor and Workforce Development (under the provisions of Joint Rule 1) relative to the rules of procedure for said committee for the 2007-2008 legislative session (received Tuesday, February 27, 2007); and

Communication from the Joint Committee on Election Laws (under the provisions of Joint Rule 1) relative to the rules of procedure for said committee for the 2007-2008 legislative session (received Wednesday, February 28, 2007).

Reports.

The following reports were severally read and placed on file:

A report of Project Bread (pursuant to line item 4400-1001 of the FY07 state budget, Chapter 139 of the Acts of 2006) submitting its Hunger Prevention Plan (received Monday, February 26, 2007);

A report from the Massachusetts Housing and Shelter Alliance (pursuant to line item 4406-3010 of the FY07 state budget, Chapter 139 of the Acts of 2006) submitting it preliminary report, Home and Healthy for Good: A Statewide Pilot Housing First Program (received Wednes­day, February 28, 2007); and

A report of the Plymouth County Registry of Deeds (under the provisions of Section 4 of Chapter 4 of the Acts of 2003 and Section 2KKK of Chapter 29 of the General Laws) submitting its ninth plan for expenditure from the County Registers Technological Fund (copies having been forwarded as required to the Senate Committees on Ways and Means and Post Audit and Oversight) (received Wednesday, February 28, 2007).

PAPERS FROM THE HOUSE.

A petition (accompanied by bill, House, No. 3753) of John H. Rogers (by vote of the town) relative to authorizing the town of Norwood to convey certain park land to the Karsten Company for residential housing purposes,— was referred, in concurrence, to the committee on Municipalities and Regional Government.

A report of the committee on the Judiciary, asking to be discharged from further consideration of the petition (accompanied by resolve, House, No. 1382) of Robert A. DeLeo and Stephen Stat Smith for payment from the state treasury of a certain sum of money to Burton W. Gerrig for services rendered to the Civil Service Commission, and recommending that the same be referred to the House committee on Ways and Means,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence, insomuch as relates to the discharge of the joint committee.

Resolutions.

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

Resolutions (filed by Mr. O’Leary) “congratulating Mary Josephine McGrath Avellar on the occasion of her ninety-fifth birthday”; and
Resolutions (filed by Messrs. Timilty, Creedon and Joyce) “commemorating the Canoe River Aquifer Advisory Committee for 20 years of service.”

Communications.

The Clerk read the following communications:

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

February 28, 2007.

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

Dear Mr. Clerk:
Please be advised that due to a medical procedure I was unable to participate in today’s Senate Session. Had I been present for the roll call on H-2034, legislation reorganizing the Governor’s Cabinet and certain agencies of the Executive Department and S-16, legislation releasing land in Amherst from the operation of an agricultural preservation restriction, I would have voted in the affirmative in both instances. I respectfully request that this communication be spread upon the records of the Senate for February 28, 2007.

Sincerely,
MARC R. PACHECO,
State Senator.

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

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

February 28, 2007.

William Welch, Clerk
Massachusetts State Senate
State House, Room 334
Boston, MA 02133

Dear Mr. Clerk:
I was unable to be present at the Senate session on February 28, 2007 because I was attending a funeral. Had I been present, I would have voted in favor of House Bill, No. 2043, An Act Reorganizing the Governor’s Cabinet and Certain Agencies of the Executive Department and in favor of Senate Bill, No. 16, An Act Releasing Certain Land in the Town of Amherst from the Operation of an Agricultural Preservation Restriction.
I respectfully request that a copy of this letter be printed in the Senate Journal as part of the official record for February 28, 2007. Thank you in advance for your attention to this important matter.

Sincerely,
FREDERICK E. BERRY,
Majority Leader.

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

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Cheryl L. Traina, an employee of the Department of Revenue (see House, No. 3744), 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 2 to 0.
The bill was signed by the Acting President (Mr. Tolman) and sent to the House for enactment.

Engrossed Bill.

An engrossed Bill validating the actions taken at a certain election held in the town of Wareham (see House Bill, printed in House, No. 3747) (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, two-thirds of the members present having voted in the affirmative, and it was signed by the Acting President (Mr. Tolman) and laid before the Governor for his approbation.

Engrossed Bills.

The following engrossed bills (both of which originated in the House), 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 (Mr. Tolman) and laid before the Governor for his approbation, to wit:
Authorizing the Commissioner of Capital Asset Management and Maintenance to convey certain land in the town of Foxborough (see House, No. 2020); and
Relative to a certain tax exemption in the town of Montague (see House, No. 2027).

Emergency Preamble Adopted.

An engrossed Bill relative to the modernization of registries of deeds (see House, No. 3751), 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 2 to 0.
The bill was signed by the Acting President (Mr. Tolman) and sent to the House for enactment.

Order Adopted.

On motion of Mr. Tisei,—
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.

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