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 26, 2008.

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

Communications.

The following communications were severally placed on file:
Communication from the Department of Public Health relative to a plan of correction submitted pursuant to inspection of MCI-Cedar Junction (received Wednesday, June 18, 2008);
Communication from the Department of Public Health relative to a plan of correction submitted pursuant to inspection of the Hampden Sheriff’s Department and Correctional Center (received Wednesday, June 25, 2008);
Communication from the Department of Public Health relative to a plan of correction submitted pursuant to inspection of M.C.I. Cedar Junction (received Wednesday, June 25, 2008);
Communication from the Department of Public Health relative to a plan of correction submitted pursuant to inspection of the Hampshire County Jail and House of Correction (received Wednesday, June 25, 2008);
Communication from the Department of Public Health relative to a plan of correction submitted pursuant to inspection of the Berkshire County Jail and House of Correction (received Wednesday, June 25, 2008).

Reports.

The following reports were severally read and placed on file:
A report of the Massachusetts Bay Transportation Authority (pursuant to Section 5 of Chapter 161A of the General Laws) submitting its annual report of its operations for 2007 and the most recently revised program for mass transportation (received Wednesday, June 18, 2008); and
A report of the Commonwealth Health Insurance Connector Authority (pursuant to Section 43 of Chapter 205 of the Acts of 2007) submitting an update on the budgetary and policy implications of permitting low-income employees who are eligible for employer-sponsored insurance (“ESI”) to enroll in Commonwealth Care (received Friday, June 20, 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 Dedham Alternative Center (received Friday, June 13, 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 the North Central Correctional Institution (received Friday, June 13, 2008).

Report of a Committee.

By Mr. Petruccelli, for the committee on Municipalities and Regional Government, on petition, a Bill relative to the appointment and status of the Fire Chief and the Board of Fire Commissioners in the city of Fall River (Senate, No. 2722) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

PAPERS FROM THE HOUSE.

Petitions were referred, in concurrence, as follows:—
Petition (accompanied by bill, House, No. 4874) of Karyn E. Polito (by vote of the town) that the town of Westborough be authorized to issue a license for the sale of alcoholic beverages to Anyu Cai d/b/a Chef Sun Restaurant, Inc. [Local approval received]; and
Joint petition (accompanied by bill, House, No. 4875) of Theodore C. Speliotis and Frederick E. Berry (by vote of the town) for legislation to authorize the town of Danvers to issue an additional license for the sale of wine and malt beverages to Sawasdee Restaurant, Inc. [Local approval received].
Severally to the committee on Consumer Protection and Professional Licensure.
A petition (accompanied by bill, House, No. 4889) of Michael F. Rush (with the approval of the mayor and city council) relative to increasing the number of signatures on nomination petitions for councilor-at-large in the city of Boston [Local approval received].
To the committee on Election Laws.
Petition (accompanied by bill, House, No. 4876) of Sean Garballey (by vote of the town) that the town of Arlington be authorized to issue pension obligation bonds or notes [Local approval received];
Petition (accompanied by bill, House, No. 4877) of Paul McMurtry (by vote of the town) for legislation to provide for certain changes in the charter of the town of Dedham to clarify the methods of organizing agencies under the supervision of the administrator of said town [Local approval received]; and
Petition (accompanied by bill, House, No. 4878) of Karyn E. Polito and others (by vote of the town) relative to the appointment of a deputy moderator in the town of Westborough [Local approval received].
Severally to the committee on Municipalities and Regional Government.
Joint petition (accompanied by bill, House, No. 4870) of James B. Eldridge and others (by vote of the town) for legislation to remove the deputy chief of police of the town of Acton from the civil service law and rules [Local approval received];
Petition (accompanied by bill, House, No. 4871) of Sean Garballey (by vote of the town) for legislation to authorize certain residents of the town of Arlington to take a civil service examination for the position of firefighter in said town, notwithstanding the maximum age requirements [Local approval received];
Petition (accompanied by bill, House, No. 4872) of Sean Garballey (by vote of the town) that certain residents of the town of Arlington be authorized to take a civil service examination for the position of police officer in said town, notwithstanding the maximum age requirements [Local approval received]; and
Petition (accompanied by bill, House, No. 4873) of Karyn E. Polito and others (by vote of the town) for legislation to regulate the suspension or removal from office of employees of the town of Westborough [Local approval received].
Severally to the committee on Public Service.
A Bill relative to the licensing of sheet metal workers and sheet metal contractors (House, No. 4804,— on House, No. 4231),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill prohibiting the use of certain communication devices while operating a motor vehicle (House, No. 4477,— on House, No. 3679),— was read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Communications.

The Clerk read the following communication:

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

June 25, 2008.

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

Dear Mr. Clerk:

On Tuesday, June 24, 2008, I was unable to be present for eight roll call votes during Formal session.
Had I been present, I would have voted in the affirmative for the following eight bills: H. 4863, S. 2764, S. 2468, S. 2560, S. 2766, S. 2546, S. 2544, and S. 1341. I would appreciate your assistance with the printing of this communication in the Senate journal.

Thank you in advance for your help with this request.

Very truly yours,
ROBERT A. ANTONIONI,
State Senator,
Worcester and Middlesex
.

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

The Clerk read the following communication:

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

June 26, 2008.

Mr. William F. Welch
Clerk of the Senate
State House, Room 335
Boston, MA 02133

Dear Mr. Clerk:

On Tuesday, June 24, 2008, I was unable to attend the Senate Session due to a family commitment. In my absence calls three votes were taken. Please note that had I been present, I would have voted affirmatively on the following matters:
S2544 Establishing the Nantucket Community Housing Bank
S2546 Establishing the Martha’s Vineyard Housing Bank
S1341 Punishing Assault and Battery by Means of a Bodily Substance Upon Correctional Facility Employees.

I would appreciate if this could be printed in the Senate journal. Thank you.

Sincerely,
JOHN A. HART, Jr.,
State Senator.

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

PAPERS FROM THE HOUSE.

The Senate Bill authorizing the city of Westfield to convey a conservation restriction to the Department of Fish and Game (Senate, No. 2674),— came from the House passed to be engrossed, in concurrence with an amendment in section 2, in line 16, by inserting after the figure “79”, the following words:— “; provided, however, that the division of fisheries and wildlife, the city of Westfield, the town of Montgomery, members of the general court representing these communities and representatives of organizations promoting the conservation of and appropriate recreational use of said parcels may establish a working group to discuss and plan for public access, law enforcement, open space and habitat protection, water supply protection, forest management, abutting property owner rights, recreation regulations and the future acquisition of parcels by the town of Montgomery; and provided further, that once established, the working group shall be convened on a regular basis to address the concerns of residents relating to constructive and compatible public access to said parcels and other land use issues”.
The rules were suspended, on motion of Mr. Tarr, and the House amendment was considered forthwith and adopted, in concurrence (as corrected BTR).

Matters Taken Out of the Orders of the Day.

There being no objection, the following matters were taken out of the Orders of the Day and considered as follows:—
The Senate Bill relative to the Recreation Revolving Fund in the town of Rutland (Senate, No. 2519) ,— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill authorizing the commissioner of Capital Asset Management and Maintenance and the Commissioner of Agricultural Resources to grant an easement on land in the city of Northampton subject to an agricultural preservation restriction (Senate, No. 2676) (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 House Bill exempting certain positions in the town of Hull from the civil service law (House, No. 4219) ,— was read a third time and passed to be engrossed, in concurrence.

The House Bill authorizing the city of Haverhill to borrow funds for the purpose of financing the purchase of school department text books (House, No. 4761),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Reports of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill authorizing the Massachusetts Highway Department to install certain signs (Senate, No. 2069),—ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tisei, 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 Rutland Heights State Hospital (Senate, No. 2353),— ought to pass, with an amendment in section 1, by inserting after the word “shall”, in line 14, the following words:— “, subject to hospital protocols consistent with applicable federal laws and regulations,” by inserting in section 1 after the figure “1,400,000”, the following words:— “of said $10,000,000”.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2353, amended) was then ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill authorizing the city of Fitchburg to use certain park land for the Wallace Civic Center and Planetarium and to lease the same to the Commonwealth (Senate, No. 2589),— 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 providing the terms of certain bonds to be issued by the Commonwealth to finance improvements to the Commonwealth’s transportation system (printed in House, No. 4698),— ought to pass.
There being no objection, the rules were suspended, on motion of Mr. Tisei, 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 House Bill establishing a sick leave bank for Tracey Albrecht, an employee of the Trial Court (House, No. 4843),— ought to pass, with an amendment by inserting at the end thereof the following:— “Sick leave bank days may not be used for absences unrelated to the illness or disability that necessitated the adoption of this act as determined by the trial court.”.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill, as amended, was then ordered to a third reading.

PAPERS FROM THE HOUSE.
Order — Amended.

The Senate Order relative to granting the joint committee on Bonding, Capital Expenditures and State Assets be granted until Wednesday, June 25, 2008, within which to report on House document numbered 4743, — came from the House with an amendment striking out the words “Wednesday, June 25” and inserting in place thereof the words “Wednesday, July 2”.
The rules were suspended, on motion of Mr. Tarr, and the Senate concurred in the House amendment.

Order.

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

Ordered, that notwithstanding the provisions of Joint Rule 10, the committee on Public Service shall be granted until Friday, July 11, 2008, within which to report on House, No. 4776.

Engrossed Bills.

The following engrossed bills (both of which originated in the House), 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. Morrissey) and laid before the Governor for his approbation, to wit:—
Authorizing the town of Orange to establish a firearms licensing fund (see House, No. 4278); and
Authorizing the establishment of a firearms licensing fund in the town of Goshen (see House, No. 4400, changed).

Recess.

There being no objection, at twenty-five minutes past eleven o’clock A.M., the Chair (Mr. Morrissey) declared a recess subject to the call of the Chair; and, at eighteen minutes past one o’clock P.M., the Senate reassembled, Mr. Morrissey in the Chair.

Report of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, on Senate, No. 2716 (in part) a “Bill to extend wireless enhanced services” (Senate, No. 2773).
The bill was read.
There being no objection, the rules were suspended, on motion of Mr. Tisei, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed.
Sent to the House for concurrence.

Matter Taken Out of the Orders of the Day.

There being no objection, the following matter was taken out of the Orders of the Day and considered as follows:—
The House Bill establishing a sick leave bank for Tracey Albrecht, an employee of the Trial Court (House, No. 4843,— was read a third time and passed to be engrossed, in concurrence, with the amendment previously adopted by the Senate.
Sent to the House for concurrence in the amendment.

Reports of a Committee.

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 Elder Affairs, ought NOT to pass (under Joint Rule 10) on the petition (accompanied by bill, Senate, No. 393) of Steven A. Baddour for legislation to ensure that nursing home residents are not subject to undue hardship.
On motion of Mr. Tisei, the rules were suspended; and on further motion of the same Senator, the petition was recommitted to the Joint Committee on Elder Affairs.

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 Elder Affairs, ought NOT to pass (under Joint Rule 10) on the recommitted petition (accompanied by bill, Senate, No. 765) of Richard T. Moore and David B. Sullivan for legislation to protect the interests of consumers in senior lifestyle communities.
On motion of Mr. Tisei, the rules were suspended; and on further motion of the same Senator, the petition was recommitted to the Joint Committee on Elder Affairs.

PAPERS FROM THE HOUSE.
Emergency Preambles Adopted.

An engrossed Bill authorizing the city of Westfield to convey a conservation restriction to the Department of Fish and Game (see Senate, No. 2674, amended), 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 2 to 0.
The bill was signed by the Acting President (Mr. Morrissey) and sent to the House for enactment.

An engrossed Bill providing the terms of certain bonds to be issued by the Commonwealth to finance improvements to the Commonwealth’s transportation system (see printed in House, No. 4698), 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 2 to 0.
The bill was signed by the Acting President (Mr. Morrissey) and sent to the House for enactment.

Recess.

There being no objection, at twenty-four minutes past one o’clock P.M., the Chair (Mr. Morrissey) declared a recess subject to the call of the Chair; and, at six minutes past three o’clock P.M., the Senate reassembled, Mr. Morrissey in the Chair.

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

An engrossed Bill relative to green communities (see Senate, No. 2768), 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 2 to 0
The bill was signed by the Acting President (Mr. Morrissey) 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. Morrissey) and laid before the Governor for his approbation.

Recess.

There being no objection, at twenty-seven minutes past three o’clock P.M., the Chair (Mr. Morrissey) declared a recess subject to the call of the Chair; and, at twenty-nine minutes past four o’clock P.M., the Senate reassembled, Mr. Morrissey in the Chair.

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted.

An engrossed Bill extending wireless enhanced services (see Senate, No. 2773), 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 2 to 0.
The bill was signed by the Acting President (Mr. Morrissey) and sent to the House for enactment.

Order Adopted.

On motion of Mr. Tarr,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Monday next at two o’clock P.M., in a full formal session without a calendar.

On motion of the same Senator, at twenty-nine minutes before five o’clock P.M., the Senate adjourned to meet on the following Monday at two o’clock P.M.