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.

Monday, March 3, 2008.

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

Petitions.

Petitions were presented and referred as follows:

By Ms. Murray, a petition (accompanied by bill, Senate, No. 2524) of Therese Murray and Jeffrey E. Perry (by vote of the town) for legislation to authorize the town of Sandwich to grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises [Local approval received];
Under Senate Rule 20, to the committee on Consumer Protection and Professional Licensure.
By Mr. Montigny, a petition (accompanied by bill, Senate, No. 2525) of Mark C. Montigny, Robert M. Koczera, Stephen R. Canessa, John F. Quinn and other members of the General Court (with the approval of the mayor and city council) for legislation to authorize the city of New Bedford School Committee and the University of Massachusetts-Dartmouth to enter into lease agreement for term not to exceed twenty five years [Local approval received];
Under Senate Rule 20, to the committee on Municipalities and Regional Government.
Severally sent to the House for concurrence.

Mr. Montigny presented a petition (subject to Joint Rule 12) of Mark C. Montigny and Patricia D. Jehlen for legislation to cap nonprofit executive compensation,— 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 providing for the investment in and expansion of the life sciences industry in the Commonwealth (House, No. 4554,— on the residue of House, No. 4234),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills
Relative to site assignments (House, No. 4363,— on House, No. 2092); and
Validating the actions taken at the annual town meeting held by the town of Phillipston (printed in House, No. 4438,— being a message from His Excellency the Governor);
Were severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Bills
Relative to the affordable housing trust fund in the town of Provincetown (House, No. 4037,— on petition) [Local approval received];
Increasing the membership of the board of selectmen in the town of Georgetown (House, No. 4166,— on petition) [Local approval received];
Authorizing the city of Salem to issue additional licenses for the sale of alcoholic beverages (House, No. 4275,— on petition) [Local approval received]; and
Authorizing the town of North Andover to grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises (House, No. 4517,— on House, No. 4429) [Local approval received on House, No. 4429];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Communications.

The Clerk read the following communications:

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

February 28, 2008.

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

Dear Mr. Clerk:

Due to a previous commitment, on February 26, 2008, I was away from the State House and unable to participate in several roll call votes. Had I been present, I would have voted in the following manner:

1. Yes, S. 2472, Text of the Amendment Recommended by the Senate Committee on Ways and Mean, to the House Bill Relative to Child Abuse and Neglect.
a. Yes, Amendment No. 11, Relative to Repeated Allegations of Child Abuse.
b. Yes, Amendment No 13, Haleigh’s Amendment.

2. Yes, H. 4431, An Act Relative to a Land Conveyance in the Town of Westford.

3. Yes, H. 4440, An Act Relative to An Exchange of Land in the Town of Swansea.

4. No, Governor’s Amendment relative to S.1059, An Act to Clarify the Law Protecting Employee Compensation.

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.

Sincerely,
CYNTHIA S. CREEM,
State Senator.

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

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

February 28, 2008.

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

Dear Mr. Clerk:

During the Senate Sessions held on February 26, 2008, I was absent from the Chamber because I was out of state on official business at The Healthcare Information and Management Systems Society’s Annual Conference.

I was, consequently, not recorded on several roll call votes. If I had been present, I would have voted in the affirmative on amendments 11 and 13 to H. 4333; in the affirmative on the questions to engross H. 4333; in the affirmative on H. 4431 and H. 4440; and in the negative on the Governor’s amendment to S. 1059.

I respectfully request that a copy of this letter be printed in the Journal of the Senate. Thank you in advance for your assistance.

Sincerely,
RICHARD T. MOORE,
State Senator,
Worcester and Norfolk District.

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

Matters Taken Out of the Orders of the Day.

There being no objection, the following matters were taken out of the Orders of the Day and considered as follows:
The House Bill exempting the city of Springfield from certain provision of the General Laws (House, No. 4082),— 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 authorizing the city of Springfield to enter into agreements for library purposes”.

The House Bill relative to town meeting members in the town of Framingham (House, No. 4432),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The House Bill establishing a charter for the town of Medway (House, No. 4460),— was read a second time and ordered to a third reading.

Petition.

On motion of Mr. Hedlund, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Ms. Murray, (accompanied by bill) of Therese Murray, Richard T. Moore, Mark C. Montigny, Karen B. Spilka and other members of the General Court for legislation to promote cost containment, transparency and efficiency in the delivery of quality health care,— and the same was referred to the committee on Health Care Financing.
Sent to the House for concurrence.

Reports of Committees.

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 Anthony D. Galluccio for legislation relative to commercial motor vehicle safety.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, 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.

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 Stephen M. Brewer for legislation to establish a sick leave bank for Michelle Curnew, an employee of the Department of Mental Retardation.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.

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 Anthony D. Galluccio, Anthony J. Verga, Thomas M. McGee and Timothy J. Toomey. Jr. for legislation relative to age restrictions for veterans applying to be police officers and firefighters.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Public Service.

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 Michael W. Morrissey, Christopher G. Fallon, Timothy J. Toomey, Jr., Steven A. Tolman and other members of the General Court for legislation to exempt certain annuities from taxation.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Revenue.

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 Anthony D. Galluccio for legislation relative to penalties for overweight and speeding vehicles.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Transportation.

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 Anthony D. Galluccio for legislation relative to the age of commercial motor vehicles.
Senate Rule 36 was suspended, on motion of Mr. Hedlund, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Transportation.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.
Engrossed Bills.

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 (Mr. Timilty) and laid before the Governor for his approbation, to wit:
Further regulating the sale of gift certificates (see Senate, No. 2345, amended);
Relative to the Randolph Public Library (see Senate, No. 2396); and
Relative to town meetings in the town of Orange (see House, No. 4277).

An engrossed Bill further regulating employee compensation (see Senate, No. 1059) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was laid before the Senate for it final passage; but objection was made thereto by Mr. Hedlund, and the engrossed bill was placed in the Orders of the Day for the next session.

Petitions were referred, in concurrence, as follows:

Joint petition (accompanied by bill, House, No. 4571) of Pam Richardson, Karen E. Spilka and another for legislation to establish a sick leave bank for Donna L. Monfredo, an employee of the Department of Correction;
Under suspension of Joint Rule 12, to the committee on Public Service.
Petition (accompanied by bill, House, No. 4572) of Jennifer M. Callahan for legislation to increase the amount of awards for personal injuries or property damage due to defective public ways;
Under suspension of Joint Rule 12, to the committee on Transportation.
The Senate Bill relative to revising the composition and duties of the Quinebaug and Shetucket Rivers Valley Heritage District and Commission (Senate, No. 2310, amended),— came from the House passed to be engrossed, in concurrence with an amendment striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 4386.
The rules were suspended, on motion of Mr. Hedlund, and the House amendment was considered forthwith and adopted, in concurrence.

Engrossed Bill.

An engrossed Bill authorizing the town of Wakefield to issue pension obligation bonds or notes (see Senate, No. 1650) (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 (Mr. Timilty) 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 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 twenty minutes past eleven o’clock A.M., the Senate adjourned to meet on the following day at eleven o’clock A.M.