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, June 11, 2008.

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

Distinguished Guest.

There being no objection, the Chair (Mr. Timilty) handed the gavel to Mr. Hart for the purpose of an introduction. Mr. Hart then introduced Scott Olmsted, a direct descendant of the great 19th Century American landscape architect, Frederick Law Olmsted. Scott is a student at Georgetown University and has won a tour of the State House from a local charity auction. The Senate welcomed him with applause and he withdrew from the Chamber.

Report.

A report of the Barnstable County Registry of Deeds (under the provisions of Section 4 of Chapter 4 of the Acts of 2003 and Section 2KKK of Chapter 29 of the General Laws) submitting its plan for expenditure from the County Registers Technological Fund (copies having been forwarded as required to the Senate Committees on Ways and Means and Post Audit and Oversight) (received Tuesday, June 10, 2008),— was placed on file.

Petition.

Mr. Pacheco presented a petition (accompanied by bill, Senate, No. 2741) of Marc R. Pacheco and Susan W. Gifford (by vote of the town) for legislation to authorize the town of Wareham to issue eight (8) additional licenses for the sale of all-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.

Report of a Committee.

By Mr. Petruccelli, for the committee on Municipalities and Regional Government, on Senate, Nos. 1150, 1151, 1154, 1156, 1157, 1159, 1167, 1173, 1193, 1196, 1202 and 2341, an 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 matters (Senate, No. 2740) [Local approval received on Senate, No. 2341];
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

PAPERS FROM THE HOUSE.

A message from His Excellency the Governor recommending legislation relative to the Department of Telecommunications and Cable (House, No. 4816),— was referred, in concurrence, to the committee on Telecommunications, Utilities and Energy.

A petition (accompanied by bill, House, No. 4826) of Lida Harkins (by vote of the town) relative to the post retirement liability fund in the town of Needham, — was referred, in concurrence, to the committee on Municipalities and Regional Government.

Bills
Establishing a sick leave bank for William Ryan, an employee of the Department of Correction (House, No. 4285,— on petition); and
Establishing a sick leave bank for David Catanzaro, an employee of the Trial Court (House, No. 4771,— on petition).
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill authorizing the town of Concord to establish a post retirement group health insurance trust fund (House, No. 4421,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Reports of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to landscape sprinkler systems (Senate, No. 1853),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2742).
The rules were suspended, on motion of Mr. Tolman, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2742) was then ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Ball relative to the preservation of dairy farms (Senate, No. 2576) ,— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2743).
The rules were suspended, on motion of Mr. Hart, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No 2743) was then ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to the Kasabuski Rink in Saugus (Senate, No. 2625),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Hart, 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 a sick leave bank for Mark Stanton, an employee of the Department of Public Health (Senate, No. 2677), — ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tolman, 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 the regulation of snow and recreation vehicles (Senate, No. 2735),— ought to pass, with amendments striking out, in section 1 of the bill, the definition of “Recreation Vehicle” and inserting in place thereof the following: “‘Recreation vehicle’, ‘off highway vehicle’, or ‘off-road vehicle’, any motor vehicle designed or modified for use over unimproved terrain for recreation or pleasure while not being operated on a public way as defined in chapter 90, including but not limited to, all terrain vehicles, off-highway motorcycles, dirt bikes, recreation utility vehicles, utility vehicles and all legally registered motor vehicles while not being operated on a public way as defined in chapter 90, but recreation vehicles, off-highway vehicles and off-road vehicles that are being operated for agricultural, forestry, lumbering or construction purposes shall not be subject to this chapter and it shall be an affirmative defense that such vehicle was being operated for such use at the time of an alleged violation.”; by striking out the definition of “All Terrain Vehicle (ATV)” and inserting in place thereof the following:— “‘All terrain vehicle’, a motorized recreation vehicle designed or modified for use to travel on 4 low pressure tires having a seat designed to be straddled by the operator and handlebars for steering control.”; in section 9 of the bill, in the first sentence of the proposed subsection (a) of section 26D of chapter 90B, by striking out the words “a recreation” and inserting in place thereof the following word:— “an all terrain”; and in the third sentence of the proposed subsection (a) of section 26D of chapter 90B, by striking out the words “a recreation” and inserting in place thereof the following word:— “an all terrain”.
The rules were suspended, on motion of Mr. Hart, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2735, amended) 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 Manuel M. Affonso Jr., an employee of the Department of Correction (House, No. 4717), — ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tolman, and the bill was read a second time and ordered to a third reading.

Order Adopted.

Mr. Morrissey offered the following order to wit:—

Ordered, That notwithstanding the provisions of Joint Rule 10, the Committee on Consumer Protection and Professional Licensure be granted until Friday, June 30, 2008 in which to make its final report on Senate document numbered 2693 and House documents numbered 4770 and 2252 relative to consumer protection issues in the Commonwealth.
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. Tolman, and the order was considered forthwith and adopted.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.
Engrossed Bills.

The following engrossed bills (the first two 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. Timilty) and laid before the Governor for his approbation, to wit:—
Permitting the reinstatement of Roger S. Cataldo to the police department of the town of Southwick (see Senate, No. 1529, amended);
Authorizing the city of Northampton to convert 5 seasonal licenses for the sale of all alcoholic beverages to be drunk on the premises to annual licenses for the sale of all alcoholic beverages to be drunk on the premises (see Senate, No. 2594);
Establishing a sick leave bank for Kimberly Chuckran, an employee of the Department of Correction (see House, No. 2513, amended);
Establishing the Caleb Chase trust fund revenue account in the town of Dennis (see House, No. 3153);
Relative to the special police officers in the city known as the town of West Springfield (see House, No. 4080, amended);
Relative to the homeowners’ residential tax exemption in the city of Boston (see House, No. 4104);
Exempting the position of chief of police in the city known as the town of Methuen from the civil service law (see House, No. 4461);
Exempting the position of deputy chief of police in the town of Dartmouth from the civil service law (see House, No. 4464) ;
Establishing a sick leave bank for Samuel Pill, an employee of the Trial Court (see House, No. 4722); and
Establishing a sick leave bank for Carol A. Wall, an employee of the Department of Mental Retardation (see House, No. 4912).

A petition (accompanied by bill, House, No. 4843) of Brian S. Dempsey for legislation to establish a sick leave bank for Tracey Albrecht, an employee of the Trial Court,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on the Judiciary.

Recess.

There being no objection, at twenty-two minutes past eleven o’clock A.M., the Chair (Mr. Timilty) declared a recess; and at sixteen minutes past two o’clock P.M., the Senate reassembled, Mr. Timilty in the Chair.

Distinguished Guests.

There being no objection, the Chair (Mr. Timilty) handed the gavel to Ms. Fargo for the purpose of an introduction. Ms. Fargo then introduced a group of students from the Fitzgerald Elementary School in Waltham, Massachusetts. The students were accompanied by a group of teachers and parents. The Senate welcomed them with applause and they withdrew from the Chamber.

PAPER FROM THE HOUSE.
Committee of Conference Report.

A report of the committee on conference on the disagreeing votes of the two branches, with reference to the Senate amendment to the House Bill providing for the investment in and expansion of the life sciences industry in the Commonwealth (House, No. 4554) (amended by the Senate by striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2556; and by striking out the emergency preamble and inserting in place thereof the following emergency preamble:—
“Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the immediate capital improvement needs of the commonwealth, therefore it hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”), reported a “Bill providing for the investment in and expansion of the life sciences industry in the Commonwealth” (House, No. 4829),— came from the House, and was read.
Senate Rule 36 was suspended, on motion of Mr. Hart, and the report was considered forthwith and accepted, in concurrence.

Report of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the recommitted Senate Bill relative to renewal communities and smart growth zoning (Senate, No. 156) (the committee on Housing (Tucker) having recommended that the bill be amended by substituting a new draft with the same title, Senate, No. 2370),— ought to pass, with the accompanying new draft.
The rules were suspended, on motion of Mr. Hart, and the bill was read a second time and was amended, as recommended by the committee on Housing.
The bill (Senate, No. 2370) was then ordered to a third reading.

Order Adopted.

Mr. Petruccelli offered the following order to wit:—

Ordered, That notwithstanding the provisions of Joint Rule 10, the committee on Municipalities and Regional Government be granted until Thursday, July 17, 2008 in which to make its final report on current Senate documents numbered 1197, 2690 and 2691 relative to various local issues.
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 Ms. Fargo, and the order was considered forthwith and adopted.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:—
Petition (accompanied by bill, House, No. 4844) of Salvatore F. DiMasi and others for legislation to promote job creation and clean energy technology;
Under suspension of Joint Rules 12 and 9, to the committee on Economic Development and Emerging Technologies.
Petition (accompanied by bill, House, No. 4845) of Daniel E. Bosley for legislation to expand the jurisdiction of the Adams Fire District located within the town of Adams;
Under suspension of Joint Rule 12, to the committee on Municipalities and Regional Government.

Emergency Preamble Adopted.

An engrossed Bill converting the Liquor Liability Joint Underwriting Association into the Hospitality Mutual Insurance Company (see Senate, No. 2668), 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. Timilty) and sent to the House for enactment.

Engrossed Bill.

An engrossed Bill establishing a special fund in the town of Millis (see House, No. 4544) (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. Timilty) and laid before the Governor for his approbation.

Recess.

There being no objection, at twenty-seven minutes past two o’clock P.M., the Chair (Mr. Timilty) declared a recess; and at eight minutes before four o’clock P.M., the Senate reassembled, Mr. Hart in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted.

An engrossed Bill providing for the investment in and expansion of the life sciences industry in the Commonwealth (see House, No. 4829), 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. Hart) and sent to the House for enactment.

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. Hart) and laid before the Governor for his approbation, to wit:—
Regulating the provision of health insurance to surviving spouses of certain employees of the town of Wareham (see Senate, No. 2157) ;
Authorizing the board of assessors of Braintree to grant tax abatements to certain military personnel (see House, No. 4240); and
Authorizing the town of Shirley to establish the Longley Acres Maintenance Fund (see House, No. 4430, amended).

Order Adopted.

On motion of Mr. Brewer,—
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 four minutes before four o’clock P.M., the Senate adjourned to meet on the following day at one o’clock P.M.