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, April 9, 2007.

Met at four 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.

Reports of Committees.

By Mr. Joyce, for the committee on Tourism, Arts and Cultural Development, on petition, a Bill relative to the State Library (Senate, No. 1996);
By the same Senator, for the same committee, on petition, a Bill establishing the Public Libraries Fund (Senate, No. 1997); and
By the same Senator, for the same committee, on petition, a Bill to establish a Master of Library Science assistance program (Senate, No. 2009);
Severally read and, under Senate Rule 27, referred to the
committee on Ways and Means.

By Mr. Downing, for the committee on Public Service, on petition, a Bill exempting the position of superintendent of police in the city of Lowell from the provisions of civil service law (Senate, No. 2161) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Committee Discharged.

Ms. Resor, for the committee on Environment, Natural Resources and Agriculture, reported, asking to be discharged from further consideration
Of the petition (accompanied by bill, Senate, No. 2173) of James E. Timilty, John H. Rogers, Richard J. Ross and Louis L. Kafka for legislation to authorize the Massachusetts Water Resources Authority to provide certain services between the town of Walpole and the town of Sharon; and
Of the petition (accompanied by bill, Senate, No. 2174) of James E. Timilty, John H. Rogers, Stanley C. Rosenberg and Louis L. Kafka for legislation to authorize the Massachusetts Water Resources Authority to provide certain services between the town of Walpole and the town of Foxborough;
And recommending that the same severally be referred to the committee on Municipalities and Regional Government.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Petititons were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 3973) of Jay R. Kaufman and Patrick M. Natale (with the approval of the mayor and city council) relative to certain preliminary elections in the city of Woburn;
To the committee on Election Laws.

Petition (accompanied by bill, House, No. 3974) of Christopher G. Fallon (with the approval of the mayor and city council) relative to the appointment of certain applicants to the police and fire departments of the city of Malden;
To the committee on Public Service.

Resolutions.

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

Resolutions (filed by Mr. Antonioni) “recognizing David A. Celuzza for a lifetime of distinguished public service”;
Resolutions (filed by Ms. Chandler) “congratulating Richard J. Lamoureux on the occasion of his retirement”;
Resolutions (filed by Ms. Fargo) “urging His Excellency Governor Deval Patrick to recognize May 2007 as Lyme Disease Awareness Month”;
Resolutions (filed by Mr. Rosenberg) “congratulating Joanna Devine on her retirement from the town of Hadley”;
Resolutions (filed by Messrs. Tolman, Augustus, Barrios, Brewer, Ms. Candaras, Ms. Fargo, Messrs. Montigny, Moore, Pacheco, Panagiotakos, Ms. Resor, Ms. Spilka, Mr. Tarr and Ms. Tucker) “on the occasion of the Day of Remembrance for the Armenian Genocide of 1915 to 1923”; and
Resolutions (filed by Ms. Wilkerson) “congratulating Fisher College on the occasion of the dedication of One Arlington Street, Boston, Massachusetts.”

Reports of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to the sale of land by the Massachusetts Water Resources Authority (Senate, No. 2179),— ought to pass, with an amendment striking out section 1 and inserting the following section:—

“SECTION 1. Pursuant to subsection (d) of section 9 of chapter 372 of the acts of 1984 and notwithstanding any other general or special law, ordinance or rule or regulation to the contrary, the Massachusetts Water Resources Authority, may convey to Quincy Shipyard, LLC, a limited liability company, or its nominee Fore River Marine Terminal, LLC, a Massachusetts limited liability company, a certain parcel of land owned by the authority in the city of Quincy, consisting of approximately 320,385 square feet of land and 298,468 square feet of water. The parcel, generally located on South street, is more particularly described as Lot 7C1 in a plan titled ‘Subdivision Plan of Land, Lot 7C, South Street in Quincy, Massachusetts (Norfolk County), Fore River Shipyard,’ dated February 3, 2005, by Bryant Associates, Inc., signed by James E. Peterson, Registered PLS. The consideration for the conveyance shall be not less than $4,411,000.00.”; and by inserting before the enacting clause the following emergency preamble:—

“Whereas, The deferred operation of this act would tend to defeat its purpose which is to authorize forthwith the Massachusetts Water Resources Authority to dispose of real property in the city of Quincy, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”.
There being no objection, the rules were suspended, on motion of Mr. Morrissey, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2179, amended) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Antoinette Romes, an employee of the Department of Transitional Assistance (House, No. 3941, changed),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

PAPER FROM THE HOUSE.
Engrossed Bill.

The engrossed Bill authorizing the town of South Hadley to grant additional alcoholic beverages licenses (see House, No. 3752, changed) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was laid before the Senate.
On motion of Mr. Tisei, Senate Rule 49 was suspended.


Mr. Rosenberg moved to amend the engrossed bill in section 1 by striking out the last paragraph and inserting in place thereof the following paragraph:—

“If the license granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the board of selectmen. Notwithstanding section 17 of chapter 138 of the General Laws or any other general or special law to the contrary, the board of selectmen may then grant the license to a new applicant at the same location and under the same conditions as specified in the preceding paragraph.”
The amendment was adopted.
Sent to the House for concurrence in the amendment.

Recess.

There being no objection, at nineteen minutes past eleven o’clock A.M., the Chair (Mr. Tolman) declared a recess subject to the call of the Chair; and, at nine minutes before one o’clock P.M., the Senate reassembled, Mr. Tolman in the Chair.

PAPER FROM THE HOUSE.
Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for Antoinette Romes, an employee of the Department of Transitional Assistance (see House, No. 3941, changed), 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 Thursday 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 seven minutes before one o’clock P.M., the Senate adjourned to meet on the following Thursday at eleven o’clock A.M.