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.

Wednesday, May 14, 2008.

Met at seven minutes 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) introduced the Southcoast Business Leadership, guests of Senator Joan Menard and Representative Michael Rodrigues. The Senate welcomed them with applause and they withdrew from the Chamber.

Communication.

A communication from the Honorable Richard R. Tisei, Senate Minority Leader, announcing his appointment of Senator Scott P. Brown to the Special Committee to Study the Effects of War on Returning Massachusetts Service members,— was placed on file.

Report of a Committee.

By Mr. Montigny, for the committee on Bonding, Capital Expenditures and State Assets, on Senate Nos. 33, 35, 39, 44, 504, 727, 2020 and 2176, an Order relative to authorizing the joint committee on Bonding, Capital Expenditures and State Assets to make an investigation and study of certain current Senate documents relative to bonding, capital expenditures and state assets (Senate, No. 2700);
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE BOSTON 02133-1053

May 13, 2008.

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

Dear Mr. Clerk:

On Tuesday May 6, I was out of state on official military business, and was therefore, unable to be present in the Senate Chamber for several roll call votes. Had I been present I would have voted as follows:

On the first roll call on amendment #9 Permanent Sales Tax Holiday to S. 2675, An Act Relative to Improving Tax Fairness and Business Competitiveness. I would have voted in the affirmative.

On the second roll call on amendment #13 Financial Institutions to S. 2675, An Act Relative to Improving Tax Fairness and Business Competitiveness I would have voted in the affirmative.

On the third roll call on amendment #24 Federal Consolidated Return Election to S. 2675, An Act Relative to Improving Tax Fairness and Business Competitiveness, I would have voted in the affirmative.

On the fourth roll call on amendment #29 Substance Addiction Treatment to S. 2675, An Act Relative to Improving Tax Fairness and Business Competitiveness, I would have voted in the negative.

On the roll call for engrossment of S. 2675, An Act Relative to Improving Tax Fairness and Business Competitiveness. I would have voted in the negative.

I respectfully request that a copy of this communication be printed in today’s Senate Journal. Thank you for your attention to this matter.

Respectfully,
SCOTT P. BROWN,
State Senator.

On motion of Mr. Tisei, 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 Senate Bill further regulating the rights of adopted children (Senate, No. 1234),— was read a third time.
Pending the question on passing the bill to be engrossed, Mr. Panagiotakos moved that the bill be amended by striking out, in line 5, the figure “2007” and inserting in place thereof the following figure:— “2008”.
This amendment was adopted.
The bill (Senate, No. 1234, amended) was then passed to be engrossed.
Sent to the House for concurrence.

The House Bill establishing a sick leave bank for Marya Panzica, an employee of the Department of Mental Retardation (House, No. 4924),— was read a third time and passed to be engrossed, in concurrence.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 4744) of Thomas J. Calter and others for legislation to further regulate the practice of psychotherapy;
Under suspension of Joint Rule 12, to the committee on Public Health.
Petition (accompanied by bill, House, No. 4745) of Theodore C. Speliotis relative to the computation of retirement allowances for Stephen W. Heald, Jr., an employee of the Department of Youth Services;
Under suspension of Joint Rule 12, to the committee on Public Service.

Order — Amended.

The Senate Order relative to granting the joint committee on Bonding, Capital Expenditures and State Assets until June 18, 2008, within which to report on House documents numbered 4311, 4455, 4506, 4538 and 4561, relative to bonding, capital expenditures and state assets,— came from the House with an amendment striking out the date “June 18” and inserting in place thereof the date “June 12” by striking out the figure “4311”; and by inserting after the figure “4455” the figure “, 4478”.
The rules were suspended, on motion of Mr. Tarr, and the Senate concurred in the House amendment.

Reports of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to food allergy awareness in restaurants (Senate, No. 136),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2701).
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2701) was then ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill making appropriations for the fiscal year 2009 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (House, No. 4701),— ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2600
[Estimated cost
[Direct Appropriation: $26,646,763,834;[
[Retained Revenue Authorization: $1,393,252,487;[
[Tota1: $28,040,016,321];
Under the provisions of an order previously adopted, placed in the Orders of the Day for Wednesday, May 21, for a second reading with the amendment pending.

Order Adopted.

On motion of Mr. Panagiotakos,—

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 Mr. Tarr, at six minutes before twelve o’clock noon, the Senate adjourned to meet on the following day at one o’clock P.M.