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 28, 2008.

Met at one minute past eleven o’clock A.M. (Mr. McGee in the Chair).

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

Distinguished Guests.

There being no objection, the Chair (Mr. McGee) handed the gavel to Mr. Timilty for the purpose of an introduction. Mr. Timilty then introduced the Senior Civics Class from Medfield High School. They were accompanied by their teacher, Mr. Richard Desorgher. The Senate welcomed them with applause and they withdrew from the Chamber.

Report.

A report of the Department of Public Health (under the provisions of Sections 5 and 20 of Chapter 111 of the General Laws) relative to inspection of M.C.I. Cedar Junction (received Thursday, April 24, 2008),— was read and sent to the House for its information.

Petition.

Mr. Tarr presented a petition (accompanied by bill, Senate, No. 2667) of Bruce E. Tarr and Bradford Hill (by vote of the town of Wenham) for legislation to amend Chapter 381 of the Acts of 2006, an act authorizing the town of Wenham to grant certain licenses for the sale of alcoholic beverages to be drunk on the premises [Local approval received),— and the same was referred, under Senate Rule 20, to the committee on Consumer Protection and Professional Licensure.
Sent to the House for concurrence.

Reports of Committees.

By Ms. Resor, for the committee on Environment, Natural Resources and Agriculture, on Senate, Nos. 129 and 2184, a Bill to create environmental justice (Senate, No. 2572);
By Mr. Buoniconti, for the committee on Financial Services, on petition, a Bill relative to promoting a transparent, fair and equitable pricing structure in the insurance industry (Senate, No. 562);
By the same Senator, for the same committee, on petition, a Bill relative to prescription drug voice synthesizers (Senate, No. 564); and
By the same Senator, for the same committee, on petition, a Bill relative to increasing coverage for infertility treatments (Senate, No. 599);
Severally referred, under Joint Rule 1E, to the committee on Health Care Financing.

By Ms. Resor, for the committee on Environment, Natural Resources and Agriculture, on petition, a Bill to fully fund the parks and recreational facilities of the Commonwealth (Senate, No. 467);
By the same Senator, for the same committee, on petition, a Bill to limit the liability of the MWRA (Senate, No. 506);
By the same Senator, for the same committee, on petition, a Bill authorizing the Department of Conservation and Recreation to provide leases to yacht clubs on its property. (Senate, No. 527);
By the same Senator, for the same committee, on Senate, Nos. 479 and 540 and House, Nos. 744, 749, 754, 761, 762, 774, 834 and 890, a Resolve establishing a wildlife management commission (Senate, No. 540);
By the same Senator, for the same committee, on petition, a Bill to protect children from toxic toys (Senate, No. 545);
By the same Senator, for the same committee, on Senate, Nos. 482, 483 and 484 and House, Nos. 747, 756, 802 and 842, a Bill relative to the preservation of dairy farms (Senate, No. 2576);
By Mr. O’Leary, for the committee on Higher Education, on Senate, Nos. 729 and 735, a Bill to establish a higher education assistance pilot program (Senate, No. 2580);
By the same Senator, for the same committee, on Senate, No. 741 and House, No. 548, a Bill relative to American sign language and hard of hearing workforce solutions (Senate, No. 2582);
By the same Senator, for the same committee, on Senate, No. 2190 and the residue of House, No. 3989, a Bill relative to the Massachusetts College of Art and Design (Senate, No. 2642); and
By Ms. Tucker, for the committee on Housing, on petition (accompanied by bill, Senate, No. 755), a Bill relative to housing rights for victims of domestic violence, rape, sexual assault and stalking (Senate, No. 2574);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Ms. Resor, for the committee on Environment, Natural Resources and Agriculture, on petition, a Bill to enhance the management of problem wildlife (Senate, No. 487);
By the same Senator, for the same committee, on Senate, Nos. 523, 2075 and 2079 and House, No. 772, a Bill relative to mooring fee requirements (Senate, No. 2612);
By Mr. Buoniconti, for the committee on Financial Services, on Senate, No. 633 and House, No. 1072, a Bill ensuring consumer protection in life insurance contracts (Senate, No. 2640); and
By Mr. O’Leary, for the committee on Higher Education, on Senate, No. 719 and House, No. 1189, a Bill designating the Massachusetts community colleges collectively as Governor Foster Furcolo Community Colleges (Senate, No. 2581);
Severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Mr. Downing, for the committee on Ethics and Rules, reported that the Senate Bill authorizing the conversion of the liquor liability joint underwriting association of Massachusetts into the liquor liability mutual insurance company (Senate, No. 573),— ought to pass, with an amendment substituting a new draft entitled “An Act converting the Liquor Liability Joint Underwriting Association into the Hospitality Mutual Insurance Company” (Senate, No. 2668).
Placed in the Orders of the Day for the next session for a second reading with the amendment pending.

Committees Discharged.

Mr. Downing, for the committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration
Of the Senate Order relative to authorizing the joint committee on the Environment, Natural Resources and Agriculture to make an investigation and study of certain current Senate documents relative to environmental matters (Senate, No. 2593);
Of the Senate Order relative to authorizing the joint committee on Public Health to make an investigation and study of certain current Senate documents relative to public health (Senate, No. 2598);
Of the Senate Order relative to authorizing the joint committee on Financial Services to make an investigation and study of certain current Senate documents relative to insurance (Senate, No. 2614);
Of the Senate Order relative to authorizing the joint committee on Labor and Workforce Development to make an investigation and study of certain current Senate documents relative to labor and workforce development issues (Senate, No. 2615);
Of the Senate Order relative to authorizing the joint committee on Municipalities and Regional Government to make an investigation and study of certain current Senate documents relative to various local affairs issues (Senate, No. 2619);
Of the Senate Order relative to authorizing the joint committee on Consumer Protection and Professional Licensure to make an investigation and study of certain current Senate documents relative to consumer protection related issue in the Commonwealth (Senate, No. 2626); and
Of the Senate Order relative to authorizing the joint committee on Labor and Workforce Development to make an investigation and study of certain current Senate documents relative to labor and workforce development (Senate, No. 2658);
And recommending that the same severally be referred to the Senate committee on Ethics and Rules.
Mr. Downing, for the committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration of the Senate Bill establishing a permanent commission on the social status of black males (Senate, No. 2182),—
and recommending that the same be referred to the Senate committee on Ethics and Rules.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.

Mr. Galluccio, for the committee on Public Service, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 1654) of Steven A. Tolman for legislation relative to retirement benefits for John G. Flores,— and recommending that the same be referred to the Senate committee on Ways and Means.
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence in the discharge of the joint committee.

PAPERS FROM THE HOUSE.

A message from His Excellency the Governor recommending legislation relative to providing the terms of certain bonds to be issued by the Commonwealth to finance improvements to the Commonwealth’s transportation system (House, No. 4698),— was referred, in concurrence, to the committee on Bonding, Capital Expenditures and State Assets.

A petition (accompanied by bill, House, No. 4704) of David M. Torrisi and Susan C. Tucker (with the approval of the mayor and city council) for legislation to require voters in the city of Lawrence to present certain identification at polling places,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on Election Laws.

A Bill establishing a sick leave bank for Marie Silva, an employee of the Department of Mental Retardation (House, No. 4567,— on petition),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill increasing the number of licenses for the sale of wines and malt beverages in the city of Medford from fifteen to twenty-five (House, No. 4697,— on House, No. 4648) [Local approval received on House, No. 4648],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

A report of the House committee on Steering, Policy and Scheduling, asking to be discharged from further consideration of the House Bill relative to blood alcohol testing (House, No. 4915), and recommending that the same be referred to the committee on the Judiciary,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence, insomuch as relates to the reference to 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. Buoniconti) “congratulating Nicholas J. DeAngelis on the occasion of his retirement”; and
Resolutions (filed by Mr. O’Leary) “congratulating Captain Henry F. Sears on the occasion of his retirement.”

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 Brian A. Joyce, William C. Galvin and Marian Walsh for legislation to designate a certain education center on Chickatawbut Hill in Milton as the Norman Smith Environmental Education Center at Chickatawbut Hall.
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Municipalities and Regional Government.

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 Robert A. Antonioni and James B. Eldridge for legislation to authorize the appointment of James A. McNamara as a police officer in the town of Lancaster notwithstanding the maximum age requirement.
Senate Rule 36 was suspended, on motion of Mr. Tisei, 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 Gale Candaras for legislation to establish a sick leave bank for Alice Eldridge, an employee of the Department of Revenue.
Senate Rule 36 was suspended, on motion of Mr. Tisei, 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 for legislation to establish a sick leave for Karen Fowles, an employee of the Massachusetts Rehabilitation Commission.
Senate Rule 36 was suspended, on motion of Mr. Tisei, 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.
Severally sent to the House for concurrence.

Orders Adopted.

Mr. Montigny presented an order, to wit:—
Ordered, That notwithstanding the provisions of Joint Rule 10, the Committee on Bonding, Capital Expenditures and State Assets be granted until May 21, 2008, within which time to make its final report on certain current Senate documents numbered 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 44, 47, 48, 49, 50, 51, 57, 58, 146, 470, 504, 514, 522, 727, 2020, 2153, 2176, 2219, 2361, 2392, 2411, 2420, 2439, 2470, 2474, 2550, 2589, 2626, and certain current House documents numbered 620, 625, 734, 785, 4664, 4669, 4670 and 4671, relative to bonding, capital expenditures and state assets.
Under the rules, referred to the committees on Rules of the two branches, acting concurrently.
Subsequently, Mr. Downing, for the said committees, reported, recommending that the order ought to be adopted.
The rules were suspended, on motion of Mr. Knapik, and the order was considered forthwith and adopted.
Sent to the House for concurrence.

Mr. Montigny presented an order, to wit:—
Ordered, That notwithstanding the provisions of Joint Rule 10, the Committee on Bonding, Capital Expenditures and State Assets be granted until June 18, 2008, within which time to make its final report on certain current House documents numbered 4311, 4455, 4506, 4538 and 4561, relative to bonding, capital expenditures and state assets.
Under the rules, referred to the committees on Rules of the two branches, acting concurrently.
Subsequently, Mr. Downing, for the said committees, reported, recommending that the order ought to be adopted.
The rules were suspended, on motion of Mr. Tarr, and the order was considered forthwith and adopted.
Sent to the House for concurrence.

Mr. Timilty presented an order, to wit:—
Ordered, That notwithstanding the provisions of Joint Rule 10, the joint committee on Public Safety and Homeland Security be granted until Thursday, May 15, 2008, within which time to make its final report on a certain current Senate document numbered 2117, relative to the security of rail facilities.
Under the rules, referred to the committees on Rules of the two branches, acting concurrently.
Subsequently, Mr. Downing, for the said committees, reported, recommending that the order ought to be adopted.
The rules were suspended, on motion of Mr. Tarr, and the order was considered forthwith and adopted.
Sent to the House for concurrence.

Mr. Creedon presented an order, to wit:—
Ordered, That notwithstanding the provisions of Joint Rule 10 the committee on the Judiciary be granted until June 30, 2008, within which to make its final report on current Senate documents numbered 243, 783, 793, 795, 802, 811, 813, 814, 815, 816, 817, 821, 833, 836, 841, 842, 847, 855, 856, 863, 868, 870, 875, 891, 898, 902, 915, 939, 945, 948, 974, 980, 985, 992, 993, 994, 1018, 1034, 1035, 1043, 1044, 1849, 2193, 2194, 2195 and 2380, relative to related legal matters.
Under the rules, referred to the committees on Rules of the two branches, acting concurrently.
Subsequently, Mr. Downing, for the said committees, reported, recommending that the order ought to be adopted.
The rules were suspended, on motion of Mr. Knapik, and the order was considered forthwith.

Pending the question on adoption of the order, Mr. Creedon presented an amendment striking out the words “June 30, 2008” and inserting in place thereof the following words:— “Friday, May 30, 2008”.
The amendment was adopted.
The order, as amended, was then adopted.
Sent to the House for concurrence.

Reports of Committees.

Mr. Downing, 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 Senate Bill to maintain short term objectives for students with disabilities (Senate, No. 311).
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time and ordered to a third reading.

Mr. Downing, 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 Senate Bill to establish collaborative drug therapy management (Senate, No. 420).
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill establishing the Martha’s Vineyard Housing Bank (Senate, No. 2546),— ought to pass.
Mr. Timilty moved that the rules be suspended so that the matter be considered forthwith; but objection was made thereto by Mr. Knapik.
Referred, under Senate Rule 26, to the committee on Ethics and Rules.
Subsequently, Mr. Downing, for the said committee on Ethics and Rules, reported that the matter be placed in the Orders of the Day for the next session.
Placed in the Orders of the Day for the next session.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Resolve relative to the prevention of falls in the elderly community (Senate, No. 2331),— ought to pass, with an amendment substituting, a new draft with the same title (Senate, No. 2669).
There being no objection, the rules were suspended, on motion of Mr. Timilty, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2669) was then ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Deborah A. Jones, an employee of the Department of Mental Retardation (House, No. 4928),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Timilty, and the bill was read a second time and ordered to a third reading.

Order Adopted.

On motion of Mr. Petruccelli,—

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

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