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.

Tuesday, April 17, 2007.

Met at eight 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.

Distinguished Guest.

There being no objection, the Chair (Mr. Tolman) introduced Al Gricus, a member of the Silver Haired Legislature. Mr. Gricus is a friend, neighbor and constituent of Mr. Tolman.

Report.

A report of the Public Employee Retirement Administration Commission submitting its Financial Bulletin for First Quarter 2007 (received Friday, April 13, 2007),— was placed on file.

Reports of Committees.

By Mr. Timilty, for the committee on Municipalities and Regional Government, on petition (accompanied by bill, Senate, No. 59), a Bill relative to authorizing the Commissioner of Capital Asset Management and Maintenance, on behalf of the Department of Conservation and Recreation, and the towns of Saugus and Wakefield to grant easements to Tennessee Gas Pipeline Company (Senate, No. 2211);
Read and, under Joint Rule 1F, referred to the committee on Bonding, Capital Expenditures and State Assets.

By Mr. Creedon, for the committee on the Judiciary, on petition, a Bill relative to volunteers at state parks (Senate, No. 786); and
By the same Senator, for the same committee, on petition, a Bill to prohibit internet hunting (Senate, No. 860);
Severally read and under Senate Rule 26, referred to the committee on Ethics and Rules.

Committees Discharged.

Mr. Panagiotakos, for the committee on Ways and Means, reported, asking to be discharged from further consideration of the Senate Bill to establish a Master of Library Science assistance program (Senate, No. 2009),— and recommending that the same be referred to the committee on Higher Education.
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence in the reference to the joint committee.

Ms. Chandler, for the committee on Community Development and Small Business, reported, asking to be discharged from further consideration
Of the petition (accompanied by bill, Senate, No. 138) of Susan C. Fargo, William N. Brownsberger and Susan C. Tucker for legislation relative to high performance building incentive program,— and recommending that the same be referred to the committee on Economic Development and Emerging Technologies; and
Of the petition (accompanied by bill, Senate, No. 129) of Jarrett T. Barrios, Pamela P. Resor, Douglas W. Petersen, William N. Browns­berger and other members of the General Court for legislation to promote healthy communities and the environment,— and recommending that the same be referred to the committee on Public Health.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Reports

Of the committee on Community Development and Small Business, asking to be discharged from further consideration
Of the petition (accompanied by bill, House, No. 149) of Garrett J. Bradley relative to illegal immigration,— and recommending that the same be referred to the committee on Labor and Workforce Development.

Of the petition (accompanied by bill, House, No. 150) of Jennifer M. Callahan for legislation establishing a division of pet shop inspectors,— and recommending that the same be referred to the committee on Environment, Natural Resources and Agriculture.

Of the committee on Education, asking to be discharged from further consideration
Of the petition (accompanied by bill, House, No. 389) of Bruce J. Ayers that insurance companies be authorized to extend rebates to clients with safe driving records;
Of the petition (accompanied by bill, House, No. 461) of Bradley H. Jones, Jr., and others that operators of motor vehicles without a proper inspection sticker shall not be assessed insurance surcharges; and
Of the petition (accompanied by bill, House, No. 545) of Tom Sannicandro and others for legislation to provide insurance coverage for magnetic resonance imaging for certain persons for the detection of breast cancer;
And recommending that the same severally be referred to the committee on Financial Services.

Of the petition (accompanied by bill, Senate, No. 281) of Robert A. Antonioni, Edward M. Augustus, Jr., Jennifer L. Flanagan, Michael R. Knapik and other members of the General Court for legislation relative to intensive in-home services for children with autism spectrum disorder; and
Of the petition (accompanied by bill, House, No. 493) of Barbara A. L’Italien and others relative to the children’s autism Medicaid waiver;
And recommending that the same severally be referred to the committee on Health Care Financing.

Of the committee on Elder Affairs, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 617) of John A. Lepper and others for an investigation by a special commission (including members of the General Court) on the status of grandparents raising grandchildren,— and recommending that the same be referred to the committee on Children, Families and Persons with Disabilities.

Of the committee on Environment, Natural Resources and Agri­culture, asking to be discharged from further consideration
Of the petition (accompanied by bill, House, No. 803) of Brooke Loughlin and others relative to providing for a lead paint abatement program for family day care homes,— and recommending that the same be referred to the committee on Financial Services.

Of the petition (accompanied by bill, House, No. 832) of Douglas W. Petersen and others for legislation to preserve MassHealth coverage for disabled persons,— and recommending that the same be referred to the committee on Health Care Financing.

Of the petition (accompanied by bill, House, No. 808) of J. James Marzilli, Jr., and Steven J. D’Amico for legislation to limit outdoor night lighting, conserve energy and reduce light pollution,— and recommending that the same be referred to the committee on Tele­commu­nications, Utilities and Energy.

Of the committee on Financial Services, asking to be discharged from further consideration
Of the petition (accompanied by bill, House, No. 929) of Paul C. Casey for legislation to regulate surcharge fees on the resale of the price of tickets,— and recommending that the same be referred to the committee on Consumer Protection and Professional Licensure.

Of the petition (accompanied by bill, House, No. 927) of Paul C. Casey relative to the establishment of regional lock-up facilities; and
Of the petition (accompanied by bill, House, No. 972) of Bradford Hill relative to the punishment of habitual offenders convicted in the courts of the Commonwealth;
And recommending that the same severally be referred to the committee on the Judiciary.

Of the petition (accompanied by bill, House, No. 1069) of Michael J. Rodrigues and Matthew C. Patrick relative to professional liability insurance,— and recommending that the same be referred to the committee on Labor and Workforce Development.

Of the petition (accompanied by bill, House, No. 937) of James B. Eldridge and others relative to the disclosure of certain information by the Disabled Persons Protection Commission,— and recommending that the same be referred to the committee on Public Health.

Of the petition (accompanied by bill, House, No. 3784) of Vincent A. Pedone for legislation to require that certain residential buildings be in compliance with energy rating regulations,— and recommending that the same be referred to the committee on Telecommunications, Utilities and Energy.

Of the petition (accompanied by bill, House, No. 928) of Paul C. Casey relative to the operation of hybrid vehicles on certain highways of the Commonwealth,— and recommending that the same be referred to the committee on Transportation.

Of the committee on Labor and Workforce Development, asking to be discharged from further consideration
Of the petition (accompanied by bill, House, No. 1802) of Thomas P. Kennedy relative to the safe driver insurance plan,— and recommending that the same be referred to the committee on Financial Services.

Of the petition (accompanied by bill, House, No. 1790) of Paul K. Frost that campus police officers of state and community colleges be placed in group 2 of the contributory retirement system for public employees,— and recommending that the same be referred to the committee on Public Service.

Of the petition (accompanied by bill, House, No. 1781) of Thomas J. Calter relative to energy efficiency in municipal buildings,— and recommending that the same be referred to the committee on Tele­commu­nications, Utilities and Energy.

Of the committee on Municipalities and Regional Government, asking to be discharged from further consideration
Of the joint petition (accompanied by bill, House, No. 1944) of Geoffrey D. Hall and others relative to the distribution of state aid for public education and regulating the requirements for spending by local governments,— and recommending that the same be referred to the committee on Education.

Of the petition (accompanied by bill, House, No. 1978) of Matthew C. Patrick and others for legislation to establish a trust fund administered by the Department of Public Health for the prevention of domestic violence and sexual assault,— and recommending that the same be referred to the committee on Public Health.

Of the petition (accompanied by order, House, No. 1979) of Vincent A. Pedone relative to clarifying the minimum threshold for the purchase of existing renewable power for the purposes of the renewable portfolio standard regulation; and
Of the petition (accompanied by order, House, No. 1980) of Vincent A. Pedone relative to clarifying the minimum threshold for the purchase of existing renewable power for the purposes of the renewable portfolio standard regulation;
And recommending that the same severally be referred to the committee on Telecommunications, Utilities and Energy.

Of the committee on Public Safety and Homeland Security, asking to be discharged from further consideration
Of the petition (accompanied by bill, House, No. 2351) of J. James Marzilli, Jr., for legislation to further regulate the community preservation law concerning “smart growth” planning in cities and towns,— and recommending that the same be referred to the committee on Community Develop­ment and Small Business.
Of the joint petition (accompanied by bill, House, No. 2322) of Geoffrey D. Hall and Steven C. Panagiotakos for legislation to provide real property tax relief for certain senior citizens in the town of Westford,— and recommending that the same be referred to the committee on Revenue.

Of the committee on Transportation, asking to be discharged from further consideration
Of the joint petition (accompanied by bill, House, No. 3466) of Paul J. Donato and Karen E. Spilka for legislation to provide community-based crisis intervention services for children and families requiring assistance,— and recommending that the same be referred to the committee on Children, Families and Persons with Disabilities.

Of the petition (accompanied by resolve, House, No. 3606) of Angelo J. Puppolo, Jr., and others for an investigation by a special commission (including members of the General Court) relative to the costs for reimbursement to cities and towns for state-mandated busing,— and recommending that the same be referred to the committee on Education.

Of the petition (accompanied by bill, House, No. 3617) of Michael J. Rodrigues and others that the Department of Conservation and Recreation be authorized to establish a trails maintenance program for recreational vehicles,— and recommending that the same be referred to the committee on Environment, Natural Resources and Agriculture.

Of the petition (accompanied by bill, House, No. 3523) of Bradley H. Jones, Jr., and others for legislation to provide for reductions in motor vehicle insurance charges for certain public transit users,— and recommending that the same be referred to the committee on Financial Services.
Of the petition (accompanied by bill, House, No. 3440) of Garrett J. Bradley relative to breathalyzer test certificates;
Of the petition (accompanied by bill, House, No. 3601) of Karyn E. Polito and ethers for legislation to require valid photographic identification issued by the Registry of Motor Vehicles as proof of identification for marriage; and
Of the petition (accompanied by bill, House, No. 3667) of Cleon H. Turner and others relative to notification of admissibility of breath­alyzer evidence in drunk driving cases;
And recommending that the same severally be referred to the committee on the Judiciary.

Of the petition (accompanied by bill, House, No. 3460) of Brian S. Dempsey and Bradley H. Jones, Jr. relative to workers’ compensation for present and former employees of the Massachusetts Bay Transportation Authority,— and recommending that the same be referred to the committee on Labor and Workforce Development.

Of the petition (accompanied by bill, House, No. 3534) of Thomas P. Kennedy and Kay Khan for legislation to further define adverse determinations by health insurers,— and recommending that the same be referred to the committee on Mental Health and Substance Abuse.

Of the petition (accompanied by bill, House, No. 3664) of Cleon H. Turner and Christine E. Canavan relative to the maintenance of private roads, beaches and amenities,— and recommending that the same be referred to the committee on Municipalities and Regional Government.

Of the petition (accompanied by bill, House, No. 3439) of Garrett J. Bradley and Michaela Brickley for legislation to require the installation and use of safety belts on school buses; and
Of the petition (accompanied by bill, House, No. 3478) of Michael E. Festa and others relative to establishing a primary enforcement motor vehicle seat belt law;
And recommending that the same severally be referred to the committee on Public Safety and Homeland Security.

Of the petition (accompanied by resolve, House, No. 3533) of Jay R. Kaufman and others relative to prohibiting the investment of certain public funds in companies doing business in Sudan; and
Of the petition (accompanied by bill, House, No. 3564) of David Paul Linsky and others for legislation to grant certain creditable services in the teacher’s retirement system to A. John Crisafulli of the town of Natick;
And recommending that the same severally be referred to the committee on Public Service.

Of the petition (accompanied by bill, House, No. 3444) of Jennifer M. Callahan and others relative to motor vehicle excise upon cancellation of registration,— and recommending that the same be referred to the committee on Revenue.

Of the petition (accompanied by bill, House, No. 3619) of Richard J. Ross and others for legislation to exempt veterans from the payment of fees for use of recreational facilities under the jurisdiction of the Department of Conservation and Recreation,— and recommending that the same be referred to the committee on Veterans and Federal Affairs.
Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:—
Resolutions (filed by Ms. Chandler and Mr. Augustus) “congratulating David Coyne for his 10 years of service as director of Clark Hillel.”

Reports of a Committee.

By Mr. Timilty, for the committee on Municipalities and Regional Government, on petition, a Bill authorizing the Massachusetts Water Resources Authority to provide certain services between the town of Walpole and the town of Foxborough (Senate, No. 2174).
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time.
Pending the question on ordering the bill to a third reading, Mr. Timilty presented an amendment substituting a new draft entitled “An Act authorizing the Massachusetts Water Resources Authority to grant access to its sewer system to a certain property in the town of Foxborough” (Senate, No. 2213).

The amendment was adopted.
The bill (Senate, No. 2213) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

By Mr. Timilty, for the committee on Municipalities and Regional Government, on petition, a Bill authorizing the Massachusetts Water Resources Authority to provide certain services between the town of Walpole and the town of Sharon (Senate, No. 2173).
There being no objection, the rules were suspended, on motion of Ms. Wilkerson, and the bill was read a second time.
Pending the question on ordering the bill to a third reading, Mr. Timilty presented an amendment substituting a new draft entitled “An Act authorizing the Massachusetts Water Resources Authority to grant access to its sewer system to a certain property in the town of Sharon” (Senate, No. 2212).

The amendment was adopted.
The bill (Senate, No. 2212) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

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 Senate Bill exempting the position of superintendent of police in the city of Lowell from the provisions of civil service law (Senate, No. 2161),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act exempting the position of superintendent of police in the city of Lowell from the civil service law”.
Sent to the House for concurrence.

Reports of Committees.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Janice Brown an employee of the Appellate Tax Board (House, No. 44),— 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, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act establishing a sick leave bank for Janice Brown, an employee of the Appellate Tax Board”.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Dennis McNamara, an employee of the Department of Fish and Game (House, No. 3940),— ought to pass, with an amendment in section 1, by striking out in the last sentence the words “department of fish and game paid leave bank” and inserting in place thereof the following words:— “extended illness leave bank”.
There being no objection, the rules were suspended, on motion of Ms. Wilkerson, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means. The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

Ms. Menard, for the committee on Ethics and Rules, reported that the following matter be placed in the Orders of the Day for the next session:
The House Bill relative to civil service examinations for appointment as police officers (House, No. 2666).
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.

Recess.

There being no objection, at eighteen minutes past eleven o’clock A.M., the Chair (Mr. Tolman) declared a recess; and at seventeen minutes past twelve o’clock noon, the Senate reassembled, Mr. Tolman in the Chair.

PAPER FROM THE HOUSE.

A Bill providing the terms of certain bonds to be issued by the Commonwealth (House, No. 3977,— on House, No. 3966),— was read.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Recess.

There being no objection, at nineteen minutes past twelve o’clock noon, the Chair (Mr. Tolman) declared a recess; and at ten minutes past one o’clock P.M., the Senate reassembled, Mr. Tolman in the Chair.

PAPERS FROM THE HOUSE.
Emergency Preambles Adopted; Engrossed Bills Enacted.

An engrossed Bill providing the terms of certain bonds to be issued by the Commonwealth (see House, No. 3977), 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.
Subsequently, the bill, which originated in the Senate, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the Acting President (Mr. Tolman) and laid before the Governor for his approbation.

An engrossed Bill establishing a sick leave bank for Janice Brown, an employee of the Appellate Tax Board (see House, No. 44), 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.
Subsequently, the bill, which originated in the House, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the Acting President (Mr. Tolman) and laid before the Governor for his approbation.

An engrossed Bill relative to civil service examinations for appointment as police officers (see House, No. 2666, amended), 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.
Subsequently, the bill, which originated in the House, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the Acting President (Mr. Tolman) and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Tarr,—
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.

Adjournment in Memory of Sgt. Adam Kennedy of Norfolk.

The Senator from Norfolk, Bristol and Middlesex, Mr. Brown, presented a request that when the Senate adjourns today, it do so in memory of Sgt. Adam Kennedy of Norfolk.

Sgt. Kennedy gave his life in the line of duty while on patrol near Diwaniyah, Iraq, April 8, 2007. He was a graduate of Xaverian Brothers High School and Norwich University. He enlisted in the U.S. Army in 2004 and was serving with Head­quarters Company, 4th Airborne Brigade Combat Team, 25th Infantry Division at the time of his death.

Accordingly, as a mark of respect to the memory of Sgt. Adam Kennedy of Norfolk, at twenty minutes past one o’clock P.M., on motion of Mr. Tarr, the Senate adjourned to meet again on Thursday next at eleven o’clock A.M.