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, June 19, 2008.

Met according to adjournment at eleven o’clock A.M. (Mr. Timilty in the Chair).

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

Petitions.

Mr. McGee presented a petition (accompanied by bill, Senate, No. 2758) of Thomas M. McGee and Lori A. Ehrlich (by vote of the town) for legislation relative to the Office of the Chief of the Marblehead Fire Department [Local approval received],— and the same was referred, under Senate Rule 20, to the committee on Public Service.
Sent to the House for concurrence.

Petitions were presented and referred, as follows:—
By Mr. Galluccio, a petition (subject to Joint Rule 12) of Anthony D. Galluccio for legislation relative to consular identification;
By the same Senator (by request), a petition (subject to Joint Rule 12) of Robert B. McCarthy for legislation relative to interest arbitration; and
By Mr. Panagiotakos (by request), a petition (subject to Joint Rule 12) of Raymond Willett for legislation relative to a unified ballot;
Severally, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Mr. Timilty, for the committee on Public Safety and Homeland Security, on the recommitted petition (accompanied by bill, Senate, No. 2117), an Order relative to authorizing the joint committee on Public Safety and Homeland Security to make an investigation and study of a certain current Senate document relative to the security of rail facilities (Senate, No. 2755);
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By Ms. Resor, for the committee on Environment, Natural Resources and Agriculture, on the recommitted petition (accompanied by bill, Senate, No. 2694), a Bill to preserve drinking water quality and reliability (Senate, No. 2756);
By Mr. Timilty, for the committee on Public Safety and Homeland Security, on the recommitted petition, a Bill establishing the Massachusetts Missing Child Clearinghouse (Senate, No. 2350); and
By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 2682), a Bill creating the Massachusetts Military Reservation Fire Department (Senate, No. 2760);
Severally 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 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. 2746);
Of the Senate Order relative to authorizing the joint committee on Education to make an investigation and study of certain current Senate documents relative to educator professional development (Senate, No. 2754); and
Of the Senate Order relative to authorizing the joint committee on Environment, Natural Resources and Agriculture to make an investigation and study of a certain current Senate document relative to dredging a harbor in Quincy (Senate, No. 2747);
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. Downing, for the committee on Ethics and Rules, to whom was referred the Senate Order relative to authorizing the joint committee on Public Health to make an investigation and study of certain current Senate documents (Senate, No. 2453), reported, in part, asking to be discharged from further consideration of the Senate petition (accompanied by bill, Senate, No. 1211) of Stephen M. Brewer, Edward M. Augustus, Jr., Todd M. Smola, Harold P. Naughton and other members of the General Court for legislation relative to surgical technology,— and recommending that the same be recommitted to the committee on Public Health; and

Mr. Downing, for the committee on Ethics and Rules, to whom was referred 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 (Senate, No. 2626), reported, in part, asking to be discharged from further consideration of the Senate petition (accompanied by bill, Senate, No. 199) of Michael W. Morrissey for legislation relative to the sale of alcoholic beverages to wholesalers,— and recommending that the same be recommitted to the committee on Consumer Protection and Professional Licensure.
Under Senate Rule 36, the reports were severally considered forthwith and accepted.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Morrissey) “congratulating EMD Serono on its receipt of the Gold Medal Award from Computerworld”;
Resolutions (filed by Mr. Pacheco) “congratulating Arlene Booker on her retirement from Our Lady of Lourdes School in the city of Taunton”; and
Resolutions (filed by Ms. Wilkerson) “commemorating the fortieth anniversary of Tent City.”

Communication.

The Clerk read the following communication:

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133-1053

June 16, 2008.

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

Dear Mr. Clerk:

On Wednesday June 4, 2008, I was absent from the Senate floor due to a matter of significant importance to my district. I missed a roll call relative to the emergency preamble and enactment of H. 4383 AN ACT RELATIVE TO THE ECONOMIC DEVELOPMENT OF THE COMMONWEALTH.

Had I been present, I would have voted in the affirmative.

I would respectfully request that this letter be published in the Senate Journal as part of the official record. Thank you in advance for your assistance in this matter.

Sincerely,
Dianne Wilkerson,
State Senator,
Second Suffolk District.

On motion of Mr. Brown, the above communication was ordered printed in the Journal of the Senate.

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 authorizing the transfer of a registration plate (Senate, No. 2164).
There being no objection, the rules were suspended, on motion of Mr. Brown, and the bill was read a second time.
Mr. Tolman presented a request that the bill be amended by substituting a new draft entitled “An Act directing the Registrar of Motor Vehicles to transfer a certain distinctive registration plate” (Senate, No. 2757).
The amendment was adopted.
The bill (Senate, No. 2757) was then ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

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 House Bill authorizing the town of Arlington to establish a special account for the maintenance of its bodies of water (printed in House, No. 4471).
There being no objection, the rules were suspended, on motion of Mr. Brown, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

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 House Bill establishing a voting precinct in the town of Hingham (House, No. 4591).
There being no objection, the rules were suspended, on motion of Mr. Brown, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

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 House Bill validating the acts and proceedings of the 2007 spring annual town meeting and 2007 fall annual town meeting of the town of Natick (printed in House, No. 4623).
There being no objection, the rules were suspended, on motion of Mr. Brown, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

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 House Bill designating a certain bridge in the town of Sheffield as the Sheffield Veterans Memorial Bridge (House, No. 4703).
There being no objection, the rules were suspended, on motion of Mr. Brown, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to public access for recreational trails (Senate, No. 559),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2759).
There being no objection, the rules were suspended, on motion of Mr. Brown, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2759) was then 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 David S. Vitale, an employee of the Administrative Office of the Trial Court (Senate, No. 2710),— ought to pass, with an amendment inserting at the end thereof the following;— “Whenever David S. Vitale terminates employment with the trial court or requests to dissolve the sick leave bank, any remaining time of sick leave bank shall be transferred to the trial court paid leave bank. Sick leave bank days may not be used for absences unrelated to the illness or disability that necessitated the establishment of the sick leave bank as determined by the trial court.”.
There being no objection, the rules were suspended, on motion of Mr. Brown, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2710, amended) was then ordered to a third reading, read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act establishing a sick leave bank for David S. Vitale, an employee of the Trial Court”.
Sent to the House for concurrence.

Petition.

On motion of Mr. Brown, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Tisei, (accompanied by bill) of Richard R. Tisei, Thomas M. McGee and Katherine M. Clark for legislation relative to the Melrose Police Relief Corporation,— and the same was referred to the committee on Public Service.
Sent to the House for concurrence.

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 Anthony D. Galluccio for legislation relative to preserving homeownership.
Senate Rule 36 was suspended, on motion of Mr. Brown, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Financial Services.

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 relative to compliance with reserve requirements of life insurers.
Senate Rule 36 was suspended, on motion of Mr. Brown, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Financial Services.

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, Anthony D. Galluccio, Bruce J. Ayers, Joseph R. Driscoll and other members of the General Court for legislation to establish a sick leave bank for Gloria Phillips, an employee of the Department of Public Health.
Senate Rule 36 was suspended, on motion of Mr. Brown, 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.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 4861) of Eugene L. O’Flaherty relative to the designated port areas of certain parcels of land located in the Charlestown district of the city of Boston;
Under suspension of Joint Rule 12, to the committee on Environment, Natural Resources and Agriculture.
Petition (accompanied by bill, House, No. 4862) of Jeffrey Sanchez relative to the effective date of the tax exemption for certain real property assessing at full and fair cash valuation;
Under suspension of Joint Rule 12, to the committee on Revenue.

Order Adopted.

On motion of Mr. Brown,—

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.

On motion of the same Senator, at ten minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.