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


Tuesday, April 15, 2008.

Met at two minutes past eleven o’clock A.M. (Mr. Tolman in the Chair).

The Chair (Mr. Tolman), members, guests and employees then recited the pledge of allegiance to the flag.


A report of the Massachusetts Bay Transportation Authority (pursuant to Subsection 11 of Section 151 of Chapter 127 of the Acts of 1999) submitting its net operating investment per passenger mile ratio for fiscal years 2006 through 2010 (received Monday, April 14, 2008),— was placed on file.


Mr. Timilty presented a petition (subject to Joint Rule 12) of James E. Timilty and Michael A. Costello for legislation to improve public safety training and response,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Report of Committees.

Mr. Downing, for the committees on Rules of the two branches, acting concurrently, that the Senate Resolve relative to the prevention of falls in the elderly community (Senate, No. 2331),— ought to pass;
Referred, under Senate Rule 27, to the committee on Ways and Means.


A message from His Excellency the Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to validating the actions taken at a certain election held in the town of Great Barrington (House, No. 4673),— was referred, in concurrence, to the committee on Election Laws.

Relative to town meeting votes in the town of Lexington (House, No. 1958,— on petition) [Local approval received]; and
Relative to notices of town meetings in the town of Lexington (House, No. 4261,— on petition) [Local approval received].
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Report of a Committee.

Of the committee on Telecommunications, Utilities and Energy, ought NOT to pass (under Joint Rule 10) on the petition (accompanied by bill, Senate, No. 237) of Richard R. Tisei, for legislation relative to the qualification of inspectors of wire and assistant inspectors of wire employed by a city or town.
There being no objection, on motion of Mr. Tisei, the rules were suspended, and the matter was considered forthwith.
On further motion of the same Senator, the petition was recommitted to the Joint Committee on Telecommunications, Utilities and Energy.

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:
Exempting all positions in the department of public works in the city known as the town of Franklin from the civil service law (see House, No. 4103); and
Authorizing the appointment of special police officers in the town of Natick (see House, No. 4401).


There being no objection, at five minutes past eleven o’clock A.M. the Chair (Mr. Tolman) declared a recess subject to the call of the Chair; and, at sixteen minutes past three o’clock P.M., the Senate reassembled, 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 following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:—
Resolutions (filed by Messrs. Tolman, Augustus, Berry, Brewer and Brown, Ms. Chandler, Ms. Fargo, Messrs. Galluccio, Moore, Pacheco and Panagiotakos, Ms. Resor, Mr. Rosenberg and Ms. Tucker) “on the occasion of the day of remembrance of the Armenian Genocide.”

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 authorizing the city of Brockton to convey certain park land to the Brockton Housing Authority (House, No. 4164) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time.
Pending the question on passing the bill to be engrossed, Mr. Creedon moved that the bill be amended by striking out section 3 and inserting in place thereof the following sections:—
“SECTION 3. As a condition of the conveyance authorized in sections 1 and 2, the city of Brockton shall transfer a parcel of land under the care, custody, management and control of the mayor and city council and dedicated for general municipal purposes to the parks department or the conservation commission. The parcel shall be dedicated for park or conservation purposes. If no suitable parcel can be transferred for park or conservation purposes, the city shall acquire a parcel of land or a conservation easement, as defined in section 31 of chapter 184 of the General Laws, and shall dedicate the land or easement, which shall fall under the jurisdiction of the parks department or the conservation commission, to park or conservation purposes. The parcel dedicated pursuant to this section shall be of equal or greater size and value for park or conservation purposes to the parcel describe in section 1 as determined by the parks department or conservation commission.
SECTION 4. If the land conveyed pursuant to section 1 ceases to be used for the purposes described in section 1, the land shall revert back to the city of Brockton for conservation or public park purposes.
SECTION 5. This act shall take effect upon its passage.”.
This amendment was adopted.
The bill was then passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

Report of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, on Senate, No. 2526, in part, a “Bill to promote cost containment, transparency and efficiency in the delivery of quality health care (Senate, No. 2650)”.

Order Adopted.

Mr. Panagiotakos offered the following order, to wit:

Ordered, That notwithstanding Senate Rule 7, or any other rule to the contrary, the Senate Bill to promote cost containment, transparency and efficiency in the delivery of quality health care (Senate, No, 2650) shall be placed in the Orders of the Day for consideration of its second reading on Thursday, April 17, 2008.
All amendments to the bill shall be filed electronically in the office of the Clerk of the Senate no later than 5:00 P.M. on Wednesday, April 16, 2008. All such amendments shall be second-reading amendments, but further amendments in the third degree to such amendments shall be in order. The Clerk shall further specify the procedure and format for filing all amendments, consistent with this order.

After the bill as amended is ordered to a third reading, it shall immediately be read a third time and the question shall then immediately be on passing it to be engrossed, and no amendments shall be in order at the third reading of the bill unless recommended by the committee on Bills in the Third Reading.
Under the rules, referred to the committees on Ethics and Rules.
Subsequently, Mr. Downing for the said committee, reported, recommending that the order ought to be adopted.
The rules were suspended, on motion of Mr. Tisei, and the order was considered forthwith and adopted.
Subsequently, Senate, No. 2650 was placed in the Orders of the Day for the next session.

Order Adopted.

On motion of Mr. Tisei,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday next at one o’clock P.M., in a full formal session.

On motion of the same Senator, at twenty-two minutes past three o’clock P.M., the Senate adjourned to meet on Thursday next at one o’clock P.M.