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.

Thursday, May 31, 2007.

Met at two minutes past eleven o’clock A.M. (Mr. Havern 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. Havern), members, guests and employees then recited the pledge of allegiance to the flag.

Distinguished Guests.

There being no objection, the Chair (Mr. Havern) handed the gavel to Mr. Hedlund for the purpose of an introduction. Mr. Hedlund introduced seating in the gallery the 3rd grade class from the Seach School in Weymouth. The students were accompanied by their teachers, Mrs. Kenny, Mrs. Hohmann, Ms. Fitzgerald and Mrs. Karlberg.

There being no objection, the Chair (Mr. Havern) intro­duced, on behalf of Mr. Timilty, members of the Foxborough Council on Aging.

Communication.

A communication was received from the Honorable Therese Murray, President of the Senate, announcing the appointment (pursuant to Section 66 of Chapter 3 of the General Laws) of Ms. Madhu Sridhar to the Massachusetts Commission on the Status of Women (MCSW) for the term that will expire on November 30, 2008.
The communication was placed on file.

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 the Essex County Correctional Facility (received Wednesday, May 30, 2007),— was read and sent to the House for its information.

Petitions.

Petitions were presented and referred as follows:

By Mr. Knapik, a petition (accompanied by bill, Senate, No. 2248) of Michael R. Knapik and Rosemary Sandlin (by vote of the town) for legislation to allow for the continued use of state owned property for fishing, boating and tourism purposes on the Congamond Lakes in Southwick [Local approval received];
Under Senate Rule 20, to the committee on Bonding, Capital Expenditures and State Assets.

By Mr. O’Leary, a petition (accompanied by bill, Senate, No. 2249) of Robert A. O’Leary and Eric Turkington (by vote of the town) for legislation to establish the Nantucket Sewer Act [Local approval received];
Under Senate Rule 20, to the committee on Municipalities and Regional Government.

By Ms. Menard, a petition (accompanied by bill, Senate, No. 2251) of Joan M. Menard, Robert Correia, Michael J. Rodrigues and other members of the General Court (with the approval of the mayor and city council) for legislation relative to special police in Fall River [Local approval received];
Under Senate Rule 20, to the committee on Public Safety and Homeland Security.
Severally sent to the House for concurrence.

Committee Discharged.

Mr. Morrissey, for the committee on Consumer Protection and Professional Licensure, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 246) of Steven A. Tolman, Benjamin B. Downing and Thomas M. McGee for legislation relative to home service contracts,— and recommending that the same be referred to the committee on Financial Services.
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill establishing a sick leave bank for Jacqueline C. Russo, an employee of the Department of Housing and Community Development (see Senate, No. 1614), 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 3 to 0.
The bill was signed by the Acting President (Mr. Havern) 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. Havern) and laid before the Governor for his approbation.

Committees of Conference.

The House Bill making appropriations for the fiscal year 2008 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. 4001),— came from the House with the endorsement that the House had NON-concurred in the Senate amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2250, printed as amended; 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 immediately to make appropriations for the fiscal year beginning July 1, 2007, and to make certain changes in law, each of which is immediately necessary or appropriate to effectuate said appropriations or for other important public purposes, therefor it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”), and had asked for a committee of conference on the disagreeing votes of the two branches; and that Representatives DeLeo of Revere, St. Fleur of Boston and deMacedo of Plymouth had been appointed the committee on the part of the House.
On motion of Mr. Brewer, the Senate insisted on its amendment and concurred in the appointment of a committee of conference; and Senators Panagiotakos, Tolman and Knapik were appointed on the part of the Senate.
The bill was returned to the House endorsed accordingly.

The House Bill relative to the protection of personal information (House, No. 4018, amended),— came from the House with the endorsement that the House had NON-concurred in the Senate amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2236 and striking out the title and inserting in place thereof the following title: “An Act relative to security freezes and notification of data breaches”), and had asked for a committee of conference on the disagreeing votes of the two branches; and that Representatives Rodrigues of Westport, Straus of Mattapoisett and Humason of Westfield had been appointed the committee on the part of the House.
On motion of Mr. Knapik, the Senate insisted on its amendment and concurred in the appointment of a committee of conference; and Senators Morrissey, Brewer and Tarr were appointed on the part of the Senate.
The bill was returned to the House endorsed accordingly.

Engrossed Bills.

The following engrossed bills (the first of which originated in the Senate), 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. Havern) and laid before the Governor for his approbation, to wit:

Exempting the position of superintendent of police in the city of Lowell from the civil service law (see Senate, No. 2161);
Relative to the relocation and alteration of the layout of High Pole Hill Road in the town of Provincetown (see House, No. 3755); and
Authorizing the town of Chatham to lease certain buildings (see House, No. 3952).

Reports of Committees.

By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Patricia. D. Jehlen for legislation to further regulate debt collection.
Senate Rule 36 was suspended, on motion of Mr. Tarr, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on the Judiciary.

By Ms. Menard, 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, William R. Keating, Norfolk County District Attorney, Robert S. Creedon, Jr., Lida E. Harkins and other members of the General Court for legislation relative to juvenile intimidation of witnesses, jurors and persons furnishing information in connection with criminal proceedings.
Senate Rule 36 was suspended, on motion of Mr. Tarr, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on the Judiciary.

By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Francis J. Derwin for legislation to provide that no other flag or pennant be flown higher than the American flag.
Senate Rule 36 was suspended, on motion of Mr. Tarr, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on State Administration and Regulatory Oversight.
Severally sent to the House for concurrence.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Augustus and Ms. Chandler) “recognizing Dr. Scott Weber for his dedicated service to the New England Aquarium”;
Resolutions (filed by Mr. Brown) “on the retirement of Chief Robert Morrill”;
Resolutions (filed by Ms. Candaras) “congratulating Representative Nancy Pelosi”;
Resolutions (filed by Mr. Hedlund) “congratulating Thomas L. P. O’Donnell”;
Resolutions (filed by Mr. Joyce) “congratulating William Edward Cannon of Stoughton Boy Scout Troop 516 on earning the Eagle Scout Award”;
Resolutions (filed by Mr. Pacheco) “congratulating Ryan John Corcoran upon his elevation to the rank of Eagle Scout”;
Resolutions (filed by Mr. Pacheco) “congratulating Gail Irving on the occasion of her retirement”;
Resolutions (filed by Mr. Pacheco) “congratulating Robert O. McIntyre, Ed.D on the occasion of his retirement”; and
Resolutions (filed by Mr. Panagiotakos) “honoring the Alexander S. Onassis Public Benefit Foundation.”

PAPER FROM THE HOUSE.

The Senate Bill establishing a sick leave bank for Yaniris Cabrera, an employee of the Trial Court (Senate, No. 2181, amended),— came from the House passed to be engrossed, in concurrence with an amendment striking out, in lines 5 and 6 the words “the balance of sick leave shall be transferred to the trial court leave bank” and inserting in place thereof the words “the balance of the sick leave time shall be transferred to the trial court paid leave bank”.
The rules were suspended, on motion of Mr. Brewer, and the House amendment was considered forthwith and adopted, in concurrence.

Petition.

On motion of Mr. Knapik, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Knapik, (accompanied by bill) of Michael R. Knapik and Donald F. Humason for legislation to establish a sick leave bank for Rosemary Rozak, an employee of the Department of Revenue,— and the same was referred to the committee on Public Service.
Sent to the House for concurrence.

Order Adopted.

On motion of Mr. Brewer,—
Ordered, That when the Senate adjourns today, it adjourn to meet again on Monday 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 Susan Diane Flood of Attleboro.

The Senator from Bristol and Norfolk, Mr. Timilty, and the Senator from Norfolk, Bristol and Middlesex, Mr. Brown, presented a request that when the Senate adjourns today, it do so in memory of Attleboro City Clerk Susan Diane Flood.

Susan Diane Flood passed away on May 26th, 2007. Born in Norwood Hospital in Norwood on April 21, 1942, “Sue”, as she was simply called, was the daughter of the late Daniel Joseph Flood, former Canton Town Clerk, and Mary Josephine (Nugent) Flood.

Sue was first elected to the office of Attleboro City Clerk in 1991 and served the city for seven terms. Among her duties as city clerk, Sue was secretary to the city council and served informally as its parliamentarian. Her contributions to the City of Attleboro are countless, and the scopes of her efforts throughout the city are immeasurable.

Sue moved from her native Canton to Attleboro in 1980, and served for 10 years as secretary to former Mayor Gerald Keane, first in the corner office at City Hall and then at the Attleboro Area Chamber of Commerce. Sue served on a variety of city committees, including the Collaborative Community Docu­mentation Project, which won praise from the State Archivist as a model for other municipalities to follow. Over the years, she spearheaded efforts to preserve city records, for which she was the recipient of a historic preservation award from the Attleboro Historical Commission in 2001. She also served as the president of the 41-member Massachusetts City Clerk Association.

She leaves two brothers, John H. “Jack” Flood of Norton and Daniel J. Flood of Canton; a sister, Ellen M. Stonis of Punta Gorda, Fla.; and two generations of nieces and nephews, including her niece and best friend, Maryellen M. Galvin, and her family from Plainville. She was the sister of the late Mary L. MacLeod, who had resided in Canton until her death in 1997.

Susan Flood was a compassionate, dedicated, and beloved member of the Attleboro community who will long be remembered for her loving and graceful nature.

Accordingly, as a mark of respect to the memory of Susan Diane Flood of Attleboro, at twenty-three minutes after eleven o’clock A.M., on motion of Mr. Brewer, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.