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.

Tuesday, June 24, 2008.

Met according to adjournment at one o’clock P.M. (Mr. Rosenberg in the Chair).

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 Health Care Financing to make an investigation and study of certain current Senate documents relative to health care financing (Senate, No. 2761),— and recommending that the same be referred to the Senate committee on Ethics and Rules.
Under Senate Rule 36, the report was considered forthwith and accepted.

PAPER FROM THE HOUSE.

A Bill to further protect children (House, No. 4811,— on House, No. 1751),— was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Recess.

There being no objection, at one minute past one o’clock P.M., the Chair (Mr. Rosenberg) declared a recess subject to the call of the Chair; and, at five minutes before two o’clock P.M., the Senate reassembled, the President in the Chair.

The President, members, guests and employees then recited the pledge of allegiance to the flag.

Orders of the Day.

The Orders of the Day were considered, as follows:

There being no objection, during consideration of the Orders of the Day, the following matters were taken out of order and considered as follows:
The House Bill making certain appropriations for fiscal year 2009 before final action on the General Appropriation Bill (printed in House, No. 4863),— was read a third time.
After debate, the question on passing it to be engrossed, in concurrence, was determined by a call of the yeas and nays, at twenty-one minutes past two o’clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 36 — nays 0) [Yeas and Nays No. 246]:

YEAS.
Augustus, Edward M., Jr. Berry, Frederick E.
Baddour, Steven A. Brewer, Stephen M.
Brown, Scott P. Montigny, Mark C.
Buoniconti, Stephen J. Moore, Richard T.
Candaras, Gale D. Morrissey, Michael W.
Chandler, Harriette L. O’Leary, Robert A.
Creedon, Robert S., Jr. Pacheco, Marc R.
Creem, Cynthia Stone Panagiotakos, Steven C.
Downing, Benjamin B. Petruccelli, Anthony
Fargo, Susan C. Rosenberg, Stanley C.
Galluccio, Anthony D. Spilka, Karen E.
Hart, John A., Jr. Tarr, Bruce E.
Hedlund, Robert L. Timilty, James E.
Jehlen, Patricia D. Tisei, Richard R.
Joyce, Brian A. Tolman, Steven A.
Knapik, Michael R. Tucker, Susan C.
McGee, Thomas M. Walsh, Marian
Menard, Joan M. Wilkerson, Dianne — 36.
NAYS — 0.
ABSENT OR NOT VOTING.
Antonioni, Robert A. Resor, Pamela — 3.
Marzilli, Jim

The yeas and nays having been completed at twenty-four minutes past two o’clock P.M., the bill was passed to be engrossed, in concurrence.

The Senate Bill relative to rates for human and social service programs (Senate, No. 2764),— was read a third time.
Pending the question on passing the bill to be engrossed, Mr. Tarr moved that the bill be amended in section 11 by adding the following words:— “, and shall identify potential efficiencies and cost effective savings and any legislative action necessary to facilitate realizing such efficiencies and savings”; and in section 5, by adding the following words:— “and initiatives undertaken to promote efficiency or reduce or control costs and the results thereof”.
After remarks, the amendment was adopted.
After further remarks, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at four minutes before three o’clock P.M., on motion of Mr. Berry, as follows, to wit (yeas 36 — nays 0) [Yeas and Nays No. 247]:

YEAS.
Augustus, Edward M., Jr. Berry, Frederick E.
Baddour, Steven A. Brewer, Stephen M.
Brown, Scott P. Montigny, Mark C.
Buoniconti, Stephen J. Moore, Richard T.
Candaras, Gale D. Morrissey, Michael W.
Chandler, Harriette L. O’Leary, Robert A.
Creedon, Robert S., Jr. Pacheco, Marc R.
Creem, Cynthia Stone Panagiotakos, Steven C.
Downing, Benjamin B. Petruccelli, Anthony
Fargo, Susan C. Rosenberg, Stanley C.
Galluccio, Anthony D. Spilka, Karen E.
Hart, John A., Jr. Tarr, Bruce E.
Hedlund, Robert L. Timilty, James E.
Jehlen, Patricia D. Tisei, Richard R.
Joyce, Brian A. Tolman, Steven A.
Knapik, Michael R. Tucker, Susan C.
McGee, Thomas M. Walsh, Marian
Menard, Joan M. Wilkerson, Dianne — 36.
NAYS — 0.
ABSENT OR NOT VOTING.
Antonioni, Robert A. Resor, Pamela — 3.
Marzilli, Jim

The yeas and nays having been completed at two minutes before three o’clock P.M., the bill (Senate, No. 2764, amended) was passed to be engrossed.
Sent to the House for concurrence.

Report of a Committee of Conference.

There being no objection, during consideration of the Orders of the Day, Mr. Panagiotakos, for the committee of conference, to whom was referred the matters of difference between the branches with reference to the House amendment to the Senate Bill to generate renewable energy and efficiency now (Senate, No, 2468) (amended by the House by striking out the text and inserting in place thereof the text contained in House document numbered 4373) reported, a “Bill relative to green communities” (Senate, No. 2768).
There being no objection, the rules were suspended, on motion of Mr. Morrissey, and the report was considered forthwith.
After debate, the question on acceptance of the report was determined by a call of the yeas and nays, at four minutes past four o’clock P.M., on motion of Mr. Tarr, as follows, to wit (yeas 36 — nays 0) [Yeas and Nays No. 248]:

YEAS.
Augustus, Edward M., Jr. Berry, Frederick E.
Baddour, Steven A. Brewer, Stephen M.
Brown, Scott P. Montigny, Mark C.
Buoniconti, Stephen J. Moore, Richard T.
Candaras, Gale D. Morrissey, Michael W.
Chandler, Harriette L. O’Leary, Robert A.
Creedon, Robert S., Jr. Pacheco, Marc R.
Creem, Cynthia Stone Panagiotakos, Steven C.
Downing, Benjamin B. Petruccelli, Anthony
Fargo, Susan C. Rosenberg, Stanley C.
Galluccio, Anthony D. Spilka, Karen E.
Hart, John A., Jr. Tarr, Bruce E.
Hedlund, Robert L. Timilty, James E.
Jehlen, Patricia D. Tisei, Richard R.
Joyce, Brian A. Tolman, Steven A.
Knapik, Michael R. Tucker, Susan C.
McGee, Thomas M. Walsh, Marian
Menard, Joan M. Wilkerson, Dianne — 36.
NAYS — 0.
ABSENT OR NOT VOTING.
Antonioni, Robert A. Resor, Pamela — 3.
Marzilli, Jim

The yeas and nays having been completed at eight minutes past four o’clock P.M., the report was accepted.
Sent to the House for concurrence.

PAPER FROM THE HOUSE.
Engrossed Bill.

An engrossed Bill making certain appropriations for fiscal year 2009 before final action on the General Appropriation Bill (see House Bill, printed in House, No. 4863) (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 President and laid before the Governor for his approbation.

Orders of the Day.

The Orders of the Day were further considered, as follows:
Bills
Relative to the use of certain land in the town of Leicester (Senate, No. 2689);
Relative to vacancies in the Beacon Hill Architectural Commission (House, No. 3269);
Exempting certain positions in the town of Hull from the civil service law (House, No. 4219);
Authorizing the late filing of a tax abatement application for the owners of Three Fuller Place in Cambridge (House, No. 4226);
Relative to temporary loans and assessment of betterments by the town of Hingham (House, No. 4236);
Authorizing the town of Concord to establish a post retirement group health insurance trust fund (House, No. 4421); and
Relative to the leasing of certain property in the city of Waltham (House, No. 4636);
Were severally read a second time and ordered to a third reading.

The Senate bills

Establishing a sick leave for Karen Fowles, an employee of the Massachusetts Rehabilitation Commission (Senate, No. 2730) (its title having been changed by the committee on Bills in the Third Reading); and
Establishing the Massachusetts Military Reservation Fire Department (Senate, No. 2760) (its title having been changed) by the committee on Bills in the Third Reading);
Were severally read a third time and passed to be engrossed.
Severally sent to the House for concurrence.

The Senate Bill relative to age restrictions for veterans applying to be police officers and firefighters (Senate, No. 2560, amended),— was read a third time.
Pending the question on passing the bill to be engrossed, Mr. Galluccio moved that the bill be amended by striking out the second sentence and inserting in place thereof the following sentence:— “Notwithstanding the first sentence, a veteran who has not exceeded the maximum age set forth in 10 U.S.C. 505(a) for original enlistment in the Armed Forces of the United States shall be exempt from the age restriction imposed by this section.”
After remarks, the amendment was adopted.
The question on passing the bill to be engrossed was determined by a call of the yeas and nays, at sixteen minutes past four o’clock P.M., on motion of Mr. Tarr, as follows, to wit (yeas 36 — nays 0) [Yeas and Nays No. 249]:

YEAS.
Augustus, Edward M., Jr. Berry, Frederick E.
Baddour, Steven A. Brewer, Stephen M.
Brown, Scott P. Montigny, Mark C.
Buoniconti, Stephen J. Moore, Richard T.
Candaras, Gale D. Morrissey, Michael W.
Chandler, Harriette L. O’Leary, Robert A.
Creedon, Robert S., Jr. Pacheco, Marc R.
Creem, Cynthia Stone Panagiotakos, Steven C.
Downing, Benjamin B. Petruccelli, Anthony
Fargo, Susan C. Rosenberg, Stanley C.
Galluccio, Anthony D. Spilka, Karen E.
Hart, John A., Jr. Tarr, Bruce E.
Hedlund, Robert L. Timilty, James E.
Jehlen, Patricia D. Tisei, Richard R.
Joyce, Brian A. Tolman, Steven A.
Knapik, Michael R. Tucker, Susan C.
McGee, Thomas M. Walsh, Marian
Menard, Joan M. Wilkerson, Dianne — 36.
NAYS — 0.
ABSENT OR NOT VOTING.
Antonioni, Robert A. Resor, Pamela — 3.
Marzilli, Jim

The yeas and nays having been completed at twenty minutes past four o’clock P.M., the bill (Senate, No. 2560, amended) was passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill relative to public access to recreational trails (Senate, No. 2759) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and, after remarks, was passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill directing the teachers’ retirement board to include additional compensation in calculating the retirement allowance of Nancy Swanson (Senate, No. 2765) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time.
Pending the question on passing the bill to engrossed, on motion of Mr. Brewer, the further consideration thereof was postponed until the next session.

The Senate Bill to improve dropout prevention and reporting of graduation rates (Senate, No. 2766),— was read a third time.
After remarks, the question on passing it to be engrossed was determined by a call of the yeas and nays, at a half past four o’clock P.M., on motion of Mr. Augustus, as follows, to wit (yeas 36 — nays 0) [Yeas and Nays No. 250]:

YEAS.
Augustus, Edward M., Jr. Berry, Frederick E.
Baddour, Steven A. Brewer, Stephen M.
Brown, Scott P. Montigny, Mark C.
Buoniconti, Stephen J. Moore, Richard T.
Candaras, Gale D. Morrissey, Michael W.
Chandler, Harriette L. O’Leary, Robert A.
Creedon, Robert S., Jr. Pacheco, Marc R.
Creem, Cynthia Stone Panagiotakos, Steven C.
Downing, Benjamin B. Petruccelli, Anthony
Fargo, Susan C. Rosenberg, Stanley C.
Galluccio, Anthony D. Spilka, Karen E.
Hart, John A., Jr. Tarr, Bruce E.
Hedlund, Robert L. Timilty, James E.
Jehlen, Patricia D. Tisei, Richard R.
Joyce, Brian A. Tolman, Steven A.
Knapik, Michael R. Tucker, Susan C.
McGee, Thomas M. Walsh, Marian
Menard, Joan M. Wilkerson, Dianne — 36.
NAYS — 0.
ABSENT OR NOT VOTING.
Antonioni, Robert A. Resor, Pamela — 3.
Marzilli, Jim

The yeas and nays having been completed at twenty-seven minutes before five o’clock P.M., the bill was passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill relative to rates of pilotage (Senate, No. 515),— was considered, the question being on ordering it to a third reading.
Mr. Morrissey moved that the bill be amended by striking out section 1 and inserting in place thereof the following section:—

“SECTION 1. Section 3 of chapter 103 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following paragraph:—

Notwithstanding any regulation to the contrary in determining the eligibility of applicants for consideration for appointment to any status as pilot candidate or for a warrant or full branch pilot commission, the pilot commission shall adopt regulations providing for preference to veterans as defined in clause Forty-third of section 7 of chapter 4 of the General Laws and those who were honorably discharged from or currently serving in the Armed Forces of the United States, including the Army, Navy, Air Force, Marine Corps and Coast Guard and the National Oceanic and Atmospheric Administration Officer Corps. If an active duty member or veteran applicant has a valid United States Coast Guard-issued Unlimited Master’s License or First Class Federal Pilotage endorsement for any part of Boston Harbor, he shall be eligible for preference for appointment as a state-commissioned pilot apprentice. No person’s status as a veteran or as a military reservist, and no person’s susceptibility to recall to military active duty, shall affect that person’s eligibility for selection for pilot candidate training or for warrant or full branch pilot commission.”.
The amendment was adopted.
The bill (Senate, No. 515, amended) was then ordered to a third reading.
The rules were suspended, on motion of Mr. Morrissey, and the bill was 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 further regulating rates of pilotage and pilot requirements”.
Sent to the House for concurrence.

The Senate Bill establishing the Martha’s Vineyard Housing Bank (Senate, No. 2546),— was considered; the question being on passing it to be engrossed.
After debate, Mr. Tisei moved that the question on passing the bill to be engrossed be determined by a call of the yeas and nays.
An insufficient number of members joining with him, the yeas and nays were not ordered.

Recess.

There being no objection, at eight minutes past five o’clock P.M., at the request of Mr. Tisei, for the purpose of a minority caucus, the President declared a recess; and, at twenty-five minutes before six o’clock P.M., the Senate reassembled, the President in the Chair.
At twenty-four minutes before six o’clock P.M., Mr. Tisei doubted the presence of a quorum. The President, having determined that a quorum was not in attendance, then directed the Sergeant-at-Arms to secure the presence of a quorum.
Subsequently, at twenty-one minutes before six o’clock P.M., a quorum was declared present.

The Orders of the Day were further considered, as follows:
The Senate Bill establishing the Martha’s Vineyard Housing Bank (Senate, No. 2546),— was further considered; the question being on passing it to be engrossed.
The question being on passing it to be engrossed was determined by a call of the yeas and nays, at twenty-one minutes before six o’clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 23 — nays 10) [Yeas and Nays No. 251]:

YEAS.
Augustus, Edward M., Jr. Montigny, Mark C.
Berry, Frederick E. Morrissey, Michael W.
Brewer, Stephen M. O’Leary, Robert A.
Candaras, Gale D. Pacheco, Marc R.
Chandler, Harriette L. Panagiotakos, Steven C.
Creem, Cynthia Stone Petruccelli, Anthony
Downing, Benjamin B. Rosenberg, Stanley C.
Fargo, Susan C. Spilka, Karen E.
Galluccio, Anthony D. Tucker, Susan C.
Jehlen, Patricia D. Walsh, Marian
McGee, Thomas M. Wilkerson, Dianne — 23.
Menard, Joan M.
NAYS.
Baddour, Steven A. Knapik, Michael R.
Brown, Scott P. Moore, Richard T.
Buoniconti, Stephen J. Tarr, Bruce E.
Hedlund, Robert L. Timilty, James E.
Joyce, Brian A. Tisei, Richard R. — 10.
PAIRED.
YEA.
NAY.
Tolman, Steven A. Creedon, Robert S., Jr. — 2.
ABSENT OR NOT VOTING.
Antonioni, Robert A. Marzilli, Jim
Hart, John A., Jr. Resor, Pamela — 4.

The yeas and nays having been completed at sixteen minutes before six o’clock P.M., the bill was passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill establishing the Nantucket Community Housing Bank (Senate, No. 2544),— was considered, and, after remarks, the question on passing it to be engrossed was determined by a call of the yeas and nays, at fourteen minutes before six o’clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 24 — nays 10) [Yeas and Nays No. 252]:

YEAS.
Augustus, Edward M., Jr. Fargo, Susan C.
Berry, Frederick E. Galluccio, Anthony D.
Brewer, Stephen M. Jehlen, Patricia D.
Candaras, Gale D. McGee, Thomas M.
Chandler, Harriette L. Menard, Joan M.
Creem, Cynthia Stone Montigny, Mark C.
Downing, Benjamin B. Morrissey, Michael W.
O’Leary, Robert A. Spilka, Karen E.
Pacheco, Marc R. Tolman, Steven A.
Panagiotakos, Steven C. Tucker, Susan C.
Petruccelli, Anthony Walsh, Marian
Rosenberg, Stanley C. Wilkerson, Dianne — 24.
NAYS.
Baddour, Steven A. Knapik, Michael R.
Brown, Scott P. Moore, Richard T.
Buoniconti, Stephen J. Tarr, Bruce E.
Hedlund, Robert L. Timilty, James E.
Joyce, Brian A. Tisei, Richard R. — 10.
ABSENT OR NOT VOTING.
Antonioni, Robert A. Marzilli, Jim
Creedon, Robert S., Jr. Resor, Pamela — 5.
Hart, John A., Jr.

The yeas and nays having been completed at ten minutes before six o’clock P.M., the bill was passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill relative to the regulation of snow and recreation vehicles (Senate, No. 2735, amended),— was considered, the question being on passing the bill to be engrossed.

Pending the question on passing the bill to be engrossed, Mr. Baddour moved that the bill be amended by substituting a new draft with same title (Senate, No. 2771).

Pending the question on adoption of the amendment, Mr. Brewer moved that the proposed new draft be amended by inserting after section 11, the following section:—

“SECTION 11A. Said section 25 of said chapter 90B, as so appear­ing, is hereby further amended by adding the following paragraph:—
The first paragraph shall not apply to any person under 14 years of age operating a recreation vehicle or snow vehicle in a sanctioned race, rally, or organized event, supervised by person aged 18 or older and which has been authorized or approved by any municipal permitting authority.”
The amendment was adopted.

Mr. Brewer moved that the proposed new draft be amended, in section 13, in the proposed section 25B of chapter 90B of the General Laws, by striking out the words “a snow vehicle”.
The amendment was adopted.

Mr. Brewer moved that the proposed new draft be amended, in Section 5, by striking out the definition of “Recreation vehicle” and inserting in place thereof the following definition:—
“‘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 said 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 insert­ing after section 7 the following section:—
“SECTION 7A. Said section 22 of said chapter 90B, as so appear­ing, is hereby further amended by striking out the third paragraph and inserting in place thereof the following 2 paragraphs:—
The fee for initial registration of each such vehicle and for each renewal thereof, other than vehicles for which application is made by a manufacturer or dealer as hereinafter provided, shall be determined annually by the commissioner of administration under sec­tion 3B of chapter 7, except that no fee shall be collected for the regis­tration of any such vehicle owned by the commonwealth or any political subdivision thereof or a vehicle used exclusively for agricultural, forestry, lumbering or construction purposes.
In the case of a vehicle to be used exclusively for agricultural, forestry, lumbering or construction purposes, the owner of such vehicle may apply for an exemption from the registration fee. The application for exemption shall be on a form prescribed by the director of the division of law enforcement in the executive office of energy and environmental affairs. If the director is satisfied that the vehicle for which a fee exemption is sought is to be used exclusively for agricultural, forestry, lumbering or construction purposes, he shall grant the application and the owner of such vehicle shall be exempt from the registration fee for such vehicle. If the vehicle ceases to be used exclusively for agricultural, forestry, lumbering or construction purposes, the owner thereof shall no longer be exempt from paying such registration fee and may be required to pay a portion thereof. A new application for a fee exemption shall be required for further fee exemption upon registration renewal. An application for fee exemption granted pursuant to this section shall not be admissible nor relevant at trial on the question of whether such vehicle was being operated for agricultural, forestry, lumbering or construction purposes at the time of an alleged violation of this chapter.”; and by inserting after section 20, the following section:—
“SECTION 20A. The director of the division of law enforcement in the executive office of energy and environmental affairs shall, within 90 days of the effective date of this act, prescribe forms for application for registration fee exemption for vehicles used exclusively for agricultural, forestry, lumbering or construction purposes under section 22 of chapter 90B of the General Laws.”
The amendment was adopted.
The pending amendment (Baddour) was then adopted, as amended.
After remarks, the bill, as amended, was then passed to be engrossed. [For text of bill printed as amended, see Senate, No. 2772].
Sent to the House for concurrence.

Matters Taken Out of the Notice Section of the Calendar.

There being no objection, the following matters were taken out of the Notice Section of the Calendar and considered as follows:
The House Bill authorizing the establishment of a firearms licens­ing fund in the town of Goshen (House, No. 4400, changed),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

The Senate Bill establishing a project mitigation or linkage program for open space and historic preservation in the city of Somerville (Senate, No. 2167) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill authorizing the establishment of a municipal open space and historic preservation trust fund in the city of Somerville (Senate, No. 2171),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

The House Bill authorizing the town of Orange to establish a firearms licensing fund (House, No. 4278) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed, in concurrence.

Reports of Committees.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to port security (Senate, No. 2767),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading and read a third time.


Pending the question on passing the bill to be engrossed, Mr. Augustus, for the committee on Bills in the Third Reading, reported, recommending that the bill be amended by substituting a resolve entitled “Resolve providing for an investigation and study by a special commission relative to the licensing of docking pilots” (Senate, No. 2770).

Pending the question on adoption of the Bills in the Third Read­ing amendment, Mr. Morrissey moved that the resolve be amended in the second paragraph, by adding the following sentence:— “The members of the special commission may also make recommendations for any changes relative to the appointment of commissioners pursuant to section 2 of chapter 103 of the General Laws.”
The further amendment (Morrissey) was adopted.
The pending Bills in the Third Reading resolve (Senate, No. 2770), as amended, was then adopted.
The resolve (Senate, No. 2770, amended) was then passed to be engrossed.
Sent to the House for concurrence.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill authorizing the town of Hanson to convey a con­servation restriction to the Department of Fish and Game (House, No. 4740),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Creedon, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence, its title having been changed by the committee in Bills in the Third Reading to read as follows: “An Act authorizing the town of Hanson to convey a conservation restriction to the department of fish and game”.

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 to reduce unwanted communications from creditors to protect the peace and privacy of residents (Senate, No. 184).
Ms. Jehlen moved to suspend the rules to consider the matter forthwith; but objection was made thereto by Mr. Tisei.
Under Senate Rule 26, the bill was placed in the Orders of the Day for the next session.

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 punishing assault and battery by means of a bodily substance upon correctional facility employees (Senate,
No. 1341).
There being no objection, the rules were suspended, on motion of Mr. Timilty, and the bill was read a second time, ordered to a third reading and read a third time.
After remarks, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at six minutes past six o’clock P.M., on motion of Mr. Tisei, as follows, to wit (yeas 33 — nays 1) [Yeas and Nays No. 253]:

YEAS.
Augustus, Edward M., Jr. Menard, Joan M.
Baddour, Steven A. Montigny, Mark C.
Berry, Frederick E. Moore, Richard T.
Brewer, Stephen M. Morrissey, Michael W.
Brown, Scott P. O’Leary, Robert A.
Candaras, Gale D. Pacheco, Marc R.
Chandler, Harriette L. Panagiotakos, Steven C.
Creedon, Robert S., Jr. Petruccelli, Anthony
Creem, Cynthia Stone Rosenberg, Stanley C.
Downing, Benjamin B. Spilka, Karen E.
Fargo, Susan C. Tarr, Bruce E.
Galluccio, Anthony D. Timilty, James E.
Hedlund, Robert L. Tisei, Richard R.
Jehlen, Patricia D. Tolman, Steven A.
Joyce, Brian A. Tucker, Susan C.
Knapik, Michael R. Walsh, Marian — 33.
McGee, Thomas M.
NAY.
Wilkerson, Dianne — 1.
ABSENT OR NOT VOTING.
Antonioni, Robert A. Marzilli, Jim
Buoniconti, Stephen J. Resor, Pamela — 5.
Hart, John A., Jr.

Ms. Menard in the Chair, The yeas and nays having been completed at nine minutes past six o’clock P.M., the bill was 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 Senate Bill relative to public health regionalization in the Commonwealth (Senate, No. 2672).
There being no objection, the rules were suspended, on motion of Mr. Brewer, and the bill was read a second time and ordered to a third reading.

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 relative to golf courses (House, No. 227) the committee on Ethics and Rules having recommended that the bill be amended by substituting a new draft entitled “An Act relative to the issuance of alcoholic beverages to golf courses” (Senate, No. 2769).
There being no objection, the rules were suspended, on motion of Mr. Joyce, and the bill was read a second time and was amended, as recommended by the committee on Ethics and Rules.
The bill (Senate, No. 2769) 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 authorizing the sale of alcoholic beverages on golf courses”.
Sent to the House for concurrence.

By Mr, Augustus, for the committee on Bills in the Third Reading, to whom was referred the amendment recommended by His Excellency the Governor to the engrossed Bill authorizing the town of Orleans to operate a sewer system (see Senate, No. 2452) [for message, see Senate, No. 2737],— reported, that the amendment recommended by the Governor be considered in the following form:
In section 1 by inserting after the word “disposal”, in line 6, the following words:— “in accordance with the town’s Comprehensive Wastewater Management Plan, as approved by the department of environmental protection”; in section 2 by inserting after the second sentence the following sentence:— “Notwithstanding any provision of this section to the contrary, the board or officer having charge of the maintenance and repair of sewers may permit extensions, new connections or increases in flow to the sewer system, subject to capacity, to serve municipal buildings, public restrooms or other public service uses as defined by the municipality; provided however, that such uses may include, but shall not be limited to, affordable housing constructed pursuant to chapters 40B and 40R of the General Laws.”; and in section 4 by striking out the second sentence.
The report was accepted.
The President stated that under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate subject to amendment and re-enactment.
On motion of Mr. Baddour, the Senate then adopted the Governor’s amendment in the form recommended by the committee on Bills in the Third Reading.
Sent to the House for its action.

PAPER FROM THE HOUSE.
Order – Amended.

The Senate Order relative to granting the joint committee on Labor and Workforce Development until Thursday, June 19, 2008, within which to report on Senate document numbered 2476; came from the House with an amendment striking out the words “Thursday, June 19” and inserting in place thereof the date “Monday, June 30”.
The rules were suspended, on motion of Mr. Timilty, and the Senate concurred in the House amendment.

Order Adopted.

On motion of Mr. Berry,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday next at eleven o’clock P.M., and that the Clerk be directed to dispense with the printing of a calendar.

On motion of Mr. McGee, at thirteen minutes past six o’clock P.M., the Senate adjourned to meet on the following Thursday at eleven o’clock A.M.