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, June 2, 2008.

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

Communications.

The following communications were severally received and placed on file:

A communication from the Honorable Therese Murray, President of the Senate, announcing the appointment of Senator Marc R. Pacheco to the Special Commission established (pursuant to Chapter 2 of the Resolves of 2008) to make an investigation and study of the establishment of a cranberry heritage area; and

A communication from Steven L. Antonakes, Commissioner of Banks (under the provisions of Section 3B of Chapter 7 of the General Laws) submitting notice of the Commissioner’s intention to amend regulations affecting certain fees relative to the licensing of mortgage loan originators (received Friday, May 30, 2008);
A communication from the Honorable Scott P. Brown, in compliance with Massachusetts General Laws Chapter 268A;
The communications were placed on file.

The following reports were severally read and placed on file:

A report of the Division of Unemployment Assistance (under the provisions of Section 14F of Chapter 151A of the General Laws) relative to information on the Massachusetts Unemployment Insurance Fund as of April 30, 2008 and revised projections for the 2008 through 2012 outlook period (received Wednesday, May 28, 2008); and

A report of the Property and Casualty Initiative, LLC (under the provision of Section 3 of Chapter 259 of the Acts of 1998) submitting its copy of the Initiative’s Annual Report for fiscal year 2007 and its Certificate of Contribution for Electric Insurance Company who joined the Initiative in 2007 (received Thursday, May 29, 2008).

The following reports were severally read and sent to the House for its information:

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 Hampshire County Jail and House of Correction [received Friday, May 23, 2008); and

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 MCI Shirley Medium Security Facility (received Friday, May 30, 2008).

Petitions.

Petitions were presented and referred as follows:
By Mr. Morrissey, a petition (accompanied by bill, Senate, No. 2724) of Michael W. Morrissey, Bruce J. Ayers, Ronald Mariano and A. Stephen Tobin (with the approval of the mayor and city council) for legislation to authorize the city of Quincy to convey certain land [Local approval received]; and
By the same Senator, a petition (accompanied by bill, Senate, No. 2725) of Michael W. Morrissey, Bruce J. Ayers, Ronald Mariano and A. Stephen Tobin (with the approval of the city council and mayor) for legislation relative to the city of Quincy Sewerage Rehabilitation Fund [Local approval received];
Severally, under Senate Rule 20, to the committee on Municipalities and Regional Government.
Severally sent to the House for concurrence.

Mr. Berry presented a petition (subject to Joint Rule 12) of Frederick E. Berry for legislation to establish a sick leave bank for John Gendreau, an employee of the Department of Revenue,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Ms. Resor, for the committee on Environment, Natural Resources and Agriculture, on petition (accompanied by bill, Senate, No. 485), an Order relative to authorizing the joint committee on the Environment, Natural Resources and Agriculture to make an investigation and study of a certain current Senate document relative to outdoor wood fired boilers (Senate, No. 2719);
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By Mr. Morrissey, for the committee on Consumer Protection and Professional Licensure, on petition (accompanied by bill, Senate, No. 217), a Bill relative to simulcasting in the Commonwealth (Senate, No. 2721);
Read and, under Senate Rule 27, referred to the committee on Ways and Means.

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 Consumer Protection and Professional Licensure to make an investigation and study of certain current Senate documents relative to consumer protection related issues (Senate, No. 2713);
Of the Senate Order relative to authorizing the joint committee on Education to make an investigation and study of a certain current Senate document relative to teacher certification and licensure (Senate, No. 2715); and
Of the Senate Order relative to authorizing the joint committee on Labor and Workforce Development to make an investigation and study of a certain current Senate document relative to apprentice training (Senate, No. 2709);
And recommending that the same severally be referred to the Senate committee on Ethics and Rules.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.

Mr. Montigny, for the committee on Bonding, Capital Expenditures and State Assets, reported, asking to be discharged from further consideration of the petition (accompanied by bill, Senate, No. 49) of Michael W. Morrissey and Bruce J. Ayers for legislation authorizing and directing the director of the division of waterways to dredge the harbor area surrounding Marina Bay in Quincy, Massachusetts,—and recommending that the same be referred to the committee on Environment, Natural Resources and Agriculture.
Under Senate Rule 36, the report was considered forthwith and accepted.
Sent to the House for concurrence.

Mr. Downing, for the committee on Ethics and Rules, to whom was referred the Senate Order relative to authorizing the, joint committee on Financial Services to make an investigation and study of certain current Senate documents (Senate, No. 2614), reported, in part, asking to be discharged from further consideration of the Senate petition (accompanied by Bill, Senate, No. 622) of Therese Murray, Harriette L. Chandler, Mark C. Montigny, Gale D. Candaras, James E. Timilty, Robert A. O’Leary, Steven A. Baddour, Steven A. Tolman, Joan M. Menard, Susan C. Tucker, Pamela Resor, Stephen M. Brewer, Susan C. Fargo, Cynthia S. Creem, Patricia D. Jehlen, Stanley C. Rosenberg, Marc R. Pacheco, Thomas M. McGee, Karen E. Spilka, Richard R. Tisei and Bruce E. Tarr for legislation relative to equitable coverage for annuity policies,— and recommending that the same be recommitted to the committee on Financial Services.
Under Senate Rule 36, the report was considered forthwith and accepted.

PAPERS FROM THE HOUSE.

Bills
Relative to early education and care (House, No. 4706,— on House, No. 3776);
Establishing a sick leave bank for Jesse Goguen, an employee of the Department of Correction (House, No. 4736,— on petition); and
Establishing a sick leave bank for James Coveney, an employee of the Trial Court (House, No. 4741, changed,— on petition);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills
Relative to the Massachusetts Credit Union Share Insurance Corporation (House, No. 1090, changed,— on petition);
Relative to antique cars (House, No. 2417,— on petition); and
Relative to the Massachusetts Business Corporation Act (House, No. 4301,— on House, No. 380);
Were severally read and, under Senate Rule 26, referred to the committee on Senate Ethics and Rules.

A Bill reducing the minimum seating capacity of certain restaurants in the town of Reading (House, No. 4737,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

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) “commending the Saint Spyridon Grecian Festival for its long legacy and contributions to the community”;
Resolutions (filed by Messrs. Brewer and Rosenberg) “honoring Dennis M. Fountain”;
Resolutions (filed by Ms. Chandler, Ms. Creem and Mr. McGee) “congratulating Dr. Larry Lowenthal on his 19 years of service as Executive Director of the American Jewish Committee, Boston Chapter, and his elevation to American Jewish Committee National Senior Advisor”; and
Resolutions (filed by Mr. Downing) “congratulating the Berkshire Theatre Festival on its eightieth season.”

Reports of Committees.

The following report was laid before the Senate, the time within which the said committee was required to report having expired:—
Of the committee on Public Safety and Homeland Security, ought NOT to pass (under Joint Rule 10) on the petition (accompanied by bill, Senate, No. 2350) of Steven A. Baddour and Thomas A. Golden, Jr. for legislation to establish the Massachusetts Missing Child Clearinghouse.
On motion of Ms. Chandler, the petition was recommitted to the Joint Committee on Public Safety and Homeland Security.

The following report was laid before the Senate, the time within which the said committee was required to report having expired:—
Of the committee on Public Safety and Homeland Security, ought NOT to pass (under Joint Rule 10) on the petition (accompanied by bill, Senate, No. 2117) of Steven A. Tolman for legislation relative to the security of rail facilities.
On motion of Mr. Tisei the petition was recommitted to the Joint Committee on Public Safety and Homeland Security.

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 Stanley C. Rosenberg and Peter V. Kocot for legis­lation relative to leasing a certain parcel of land in the city of Northampton.
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 Bonding, Capital Expenditures and State Assets.
Sent to the House for concurrence.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to the Peninsula yacht club (Senate, No. 501),— ought to pass.
There being no objection, the rules were suspended, on motion of Ms. Chandler, 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 relative to a parcel of land in the city of Lowell (Senate, No. 2153),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2726).
There being no objection, the rules were suspended, on motion of Mr. Knapik, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2726) was then ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to Gold Star license plates (Senate, No. 2352),— ought to pass.
There being no objection, the rules were suspended, on motion of Ms. Chandler, 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 House Bill establishing a Sick Leave Bank for Kimberly Chuckran, a Word Processing Operator II and employee of the Department of Corrections at Bridgewater Correctional Complex (House, No. 2513),— ought to pass.
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 House Bill establishing a sick leave bank for Samuel Pill, an employee of the Trial Court (House, No. 4722),— ought to pass.
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 House Bill establishing a sick leave bank for Carol A. Wall, an employee of the Department of Mental Retardation (House, No. 4912),— ought to pass.
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.

PAPERS FROM THE HOUSE.
Order.

The following House Orders (severally approved by the committees on Rules of the two branches, acting concurrently) were severally considered forthwith and adopted in concurrence, as follows:

Ordered,
That notwithstanding the provisions of Joint Rule 10, the committee on Community Development and Small Business shall be granted until Friday, June 20, 2008, within which to report on Senate, Nos. 135, 137, 141, 148, 149, 152, 154, 157 and 224 and House, Nos. 147, 151, 152, 157, 163, 165, 166, 167, 175, 177, 179, 184, 185, 186, 187, 193, 2351, 3840 and 4519.

Ordered, That notwithstanding the provisions of Joint Rule 10, the committee on Consumer Protection and Professional Licensure shall be granted until Monday, June 30, 2008, within which to report on Senate, No. 2256 and House, Nos. 203, 328 and 341.

Ordered, That notwithstanding the provisions of Joint Rule 10, the committee on Economic Development and Emerging Technologies shall be granted until Thursday, June 12, 2008, within which to report on Senate, Nos. 248, 249, 251, 252, 253, 255, 257, 259, 261, 262, 263, 264, 265, 267 and 268 and House, Nos. 349, 350, 351, 352, 353, 359, 364, 365, 367, 368, 369, 370, 376, 381, 383, 3773, 3924 and 4222.

Ordered, That notwithstanding the provisions of Joint Rule 10, the committee on Municipalities and Regional Government shall be granted until Tuesday, July 1, 2008, within which to report on House, Nos. 4238 and 4482.

Ordered, That notwithstanding the provisions of Joint Rule 10, the committee on Public Safety and Homeland Security shall be granted until Monday, June 30, 2008, within which to report on House, No. 4498.

Ordered, That notwithstanding the provisions of Joint Rule 10, the committee on Veterans and Federal Affairs shall be granted until Tuesday, July, 1, 2008, within which to report on House, No. 4435.

Engrossed Bill.

An engrossed Bill authorizing the city known as the town of Watertown to fill by appointment a vacancy in the Board of Trustees of the public library (see House, No. 4584) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and was signed by the Acting President (Mr. McGee) and laid before the Governor for his approbation.

Order Adopted.

On motion of Ms. Chandler,—

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

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