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 30, 2008.

Met at one minute past two o’clock P.M. (Mr. Rosenberg in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

The Senator from Middlesex and Essex, Mr. Tisei, led the Chair (Mr. Rosenberg), members, guests and employees in the recitation of the pledge of allegiance to the flag.

Distinguished Guest.

There being no objection, the Chair (Mr. Rosenberg) handed the gavel to Mr. Hedlund for the purpose of an introduction. Mr. Hedlund then introduced Conley Ford, the person in charge of opening the first American Legion Post in Scituate, Massachusetts. Mr. Ford was accompanied by his son, Captain James Ford, who was recognized for returning from Iraq after having served in the First Infantry Division of the United States Army. They were applauded for their accomplishments and withdrew from the Chamber.

Reports of Committees.

By Mr. McGee, for the committee on Labor and Workforce Development, on petition (accompanied by bill, Senate, No. 2476), an 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 allowing students in vocational technical high schools to be involved in plumbing projects (Senate, No. 2774);
Referred, under Joint Rule 29, to the committees on Rules of the two branches, acting concurrently.

By Ms. Wilkerson, for the committee on State Administration and Regulatory Oversight, on the recommitted petition, a Bill relative to the annual observance of Massachusetts Nonprofit Awareness Day (Senate, No. 2679);
Read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

By Mr. Morrissey, for the committee on Consumer Protection and Professional Licensure, on Senate, No. 2741 and House, No. 4830, a Bill authorizing the town of Wareham to issue eight (8) additional licenses for the sale of all-alcoholic beverages to be drunk on the premises (Senate, No. 2741) [Local approval received on Senate, No. 2741 and House, No. 4830];
By Mr. Petruccelli, for the committee on Municipalities and Regional Government, on petition, a Bill authorizing the city of Quincy to convey certain land (Senate, No. 2724) [Local approval received];
By the same Senator, for the same committee, on petition, a Bill relative to the city of Quincy Sewerage Rehabilitation Fund (Senate, No. 2725) [Local approval received];
By the same Senator, for the same committee, on petition, a Bill relative to the Department of Public Works of the town of Ware (Senate, No. 2731) [Local approval received];
By the same Senator, for the same committee, on petition, a Bill establishing a revolving fund in the town of Ware (Senate, No. 2732) [Local approval received]; and
By the same Senator, for the same committee, on petition, a Bill authorizing the town of Weymouth to transfer certain water supply land (Senate, No. 2734) [Local approval received];
Severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

PAPERS FROM THE HOUSE.

Messages were referred, in concurrence, as follows:
Message from His Excellency the Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to authorizing the State Secretary to place the office of selectman on the state election ballot in the town of Topsfield (House, No. 4884);
To the committee on Election Laws.

Message from His Excellency the Governor (under the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution) recommending legislation relative to validating the actions taken at a certain special town meeting in the town of Hopkinton (House, No. 4888);
To the committee on Municipalities and Regional Government.

A Bill relative to a special commission on seafood marketing (House, No. 4794,— on House, No. 3767),— was read and, under Senate Rule 27, referred to the committee on Ways and Means.

Bills
Increasing coverage of nonprescription enteral formulas (House, No. 925,— on petition);
Relative to bank branches (House, No. 962, amended,— on petition);
Relative to the supervision of limited purpose trust companies by the Commissioner of Banks (House, No. 965,— on petition);
Relative to the operation of credit unions (House, No. 1068,— on petition);
Relative to the management of banks (House, No. 1082,— on petition);
Relative to the transporting of deceased persons (House, No. 2278,— on petition);
Relative to issuing a license to carry firearms to law enforcement officers (House, No. 2285,— on petition);
Relative to disability placards (printed in House, No. 4220,— being a message from His Excellency the Governor);
Relative to interior designers bidding on state contracts (House, No. 4731,— on House, No. 3209); and
Relative to the granting of an easement by the town of Sharon (printed in House, No. 4738,— being a message from His Excellency the Governor);
Were severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Bills
Relative to real property tax deferrals in the town of Lexington (House, No. 4262,— on petition) [Local approval received];
Relative to the terms of certain bonds of the city of Revere to be issued to finance the construction of the city of Revere new police headquarters and east fire station (House, No. 4555, — on petition) [Local approval received];
Establishing a board of water and sewer commissioners in the town of Plainville (House, No. 4685,— on petition) [Local approval received]; and
Authorizing the sale of certain land by the city of Haverhill in the town of Boxford (House, No. 4890,— on House, No. 4599) [Local approval received on House, No. 4599];
Were severally 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. Moore) “congratulating May Olney White on the occasion of her one hundredth birthday”; and
Resolutions (filed by Ms. Murray and Mr. O’Leary) “congratulating Judge Robert A. Welsh, Jr. on the occasion of his retirement.”

Order Adopted.

Mr. O’Leary offered the following order, to wit:
Ordered, That notwithstanding the provisions of Joint Rule 4, the reports of the committees on Higher Education and Bonding, Capital Expenditures and State Assets on the Message from His Excellency the Governor recommending legislation relative to providing for the higher education capital improvement needs of the Commonwealth (House, No. 4280) and the subsequent new draft entitled “An Act providing for the public higher education capital improvement needs of the Commonwealth” (House, No. 4538) shall be considered to have been filed in the Senate, and that the first reading thereof shall be considered to have been in the Senate.
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 the same Senator, 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. Rosenberg) and laid before the Governor for his approbation, to wit:
Designating a certain portion of Sandy Beach in the town of Winchester as the Senator Charles E. Shannon, Jr. Memorial Beach (see Senate, No. 2475);
Relative to the Kasabuski Rink in the town of Saugus (see Senate, No. 2625);
Exempting certain positions in the town of Hull from the civil service law (see House, No. 4219);
Providing the terms of certain bonds to be issued by the Commonwealth to finance improvements to the Commonwealth’s transportation system (see House Bill, printed in House, No. 4698); and
Authorizing the city of Haverhill to borrow funds for the purpose of financing the purchase of school department text books (see House, No. 4761).

An engrossed Bill extending wireless enhanced services (see Senate, No. 2773) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was considered; and, after remarks, was passed to be enacted and was signed by the Acting President (Mr. Rosenberg) and laid before the Governor for his approbation.

Engrossed Bills — Land Takings for Conservation, Etc.

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) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at sixteen minutes past two o’clock P.M., as follows, to wit (yeas 35 — nays 0) [Yeas and Nays No. 254]:

YEAS.
Antonioni, Robert A. Chandler, Harriette L.
Augustus, Edward M., Jr. Creem, Cynthia Stone
Baddour, Steven A. Downing, Benjamin B.
Berry, Frederick E. Fargo, Susan C.
Brewer, Stephen M. Galluccio, Anthony D.
Brown, Scott P. Hart, John A., Jr.
Buoniconti, Stephen J. Hedlund, Robert L.
Candaras, Gale D. Jehlen, Patricia D.
Joyce, Brian A. Petruccelli, Anthony
Knapik, Michael R. Rosenberg, Stanley C.
McGee, Thomas M. Spilka, Karen E.
Menard, Joan M. Tarr, Bruce E.
Montigny, Mark C. Timilty, James E.
Moore, Richard T. Tisei, Richard R.
Morrissey, Michael W. Tolman, Steven A.
O’Leary, Robert A. Tucker, Susan C.
Pacheco, Marc R. Walsh, Marian — 35.
Panagiotakos, Steven C.
NAYS — 0.
ABSENT OR NOT VOTING.
Creedon, Robert S., Jr. Resor, Pamela
Marzilli, Jim Wilkerson, Dianne — 4.

The yeas and nays having been completed at twenty-two minutes past two o’clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the Acting President (Mr. Rosenberg) and laid before the Governor for his approbation.

An engrossed Bill authorizing the city of Brockton to convey certain park land to the Brockton Housing Authority (see House, No. 4164, amended) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at twenty-four minutes past two o’clock P.M., as follows, to wit (yeas 35 — nays 0) [Yeas and Nays No. 255]:

YEAS.
Antonioni, Robert A. Chandler, Harriette L.
Augustus, Edward M., Jr. Creem, Cynthia Stone
Baddour, Steven A. Downing, Benjamin B.
Berry, Frederick E. Fargo, Susan C.
Brewer, Stephen M. Galluccio, Anthony D.
Brown, Scott P. Hart, John A., Jr.
Buoniconti, Stephen J. Hedlund, Robert L.
Candaras, Gale D. Jehlen, Patricia D.
Joyce, Brian A. Petruccelli, Anthony
Knapik, Michael R. Rosenberg, Stanley C.
McGee, Thomas M. Spilka, Karen E.
Menard, Joan M. Tarr, Bruce E.
Montigny, Mark C. Timilty, James E.
Moore, Richard T. Tisei, Richard R.
Morrissey, Michael W. Tolman, Steven A.
O’Leary, Robert A. Tucker, Susan C.
Pacheco, Marc R. Walsh, Marian — 35.
Panagiotakos, Steven C.
NAYS — 0.
ABSENT OR NOT VOTING.
Creedon, Robert S., Jr. Resor, Pamela
Marzilli, Jim Wilkerson, Dianne — 4.

The yeas and nays having been completed at twenty-seven minutes past two o’clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the Acting President (Mr. Rosenberg) and laid before the Governor for his approbation.

An engrossed Bill authorizing the town of Hanson to convey a conservation restriction to the Department of Fish and Game (see House, No. 4740) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at twenty-eight minutes past two o’clock P.M., as follows, to wit (yeas 35 — nays 0) [Yeas and Nays. No 256]:

YEAS.
Antonioni, Robert A. Chandler, Harriette L.
Augustus, Edward M., Jr. Creem, Cynthia Stone
Baddour, Steven A. Downing, Benjamin B.
Berry, Frederick E. Fargo, Susan C.
Brewer, Stephen M. Galluccio, Anthony D.
Brown, Scott P. Hart, John A., Jr.
Buoniconti, Stephen J. Hedlund, Robert L.
Candaras, Gale D. Jehlen, Patricia D.
Joyce, Brian A. Petruccelli, Anthony
Knapik, Michael R. Rosenberg, Stanley C.
McGee, Thomas M. Spilka, Karen E.
Menard, Joan M. Tarr, Bruce E.
Montigny, Mark C. Timilty, James E.
Moore, Richard T. Tisei, Richard R.
Morrissey, Michael W. Tolman, Steven A.
O’Leary, Robert A. Tucker, Susan C.
Pacheco, Marc R. Walsh, Marian — 35.
Panagiotakos, Steven C.
NAYS — 0.
ABSENT OR NOT VOTING.
Creedon, Robert S., Jr. Resor, Pamela
Marzilli, Jim Wilkerson, Dianne — 4.

The yeas and nays having been completed at a half past two o’clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the Acting President (Mr. Rosenberg) and laid before the Governor for his approbation.

PAPER FROM THE HOUSE.
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 The Judiciary shall be granted until Monday, June 30, 2008, within which to report on House, Nos. 500, 1304, 1308, 1311, 1313, 1317, 1318, 1325, 1331, 1332, 1333, 1334, 1335, 1337, 1383, 1388, 1389, 1479, 1532, 1547, 1662, 1672, 1688, 1700, 1718, 1720, 1746, 1749, 3054, 3738, 3865, 3875, 3876, 3877, 3991 and 4476.

Reports of a Commttee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill to establish the interstate compact for juveniles (Senate, No. 2178),— ought to pass, with an amendment in section 1, in subsection (a) of proposed section 19C of chapter 102 of the General Laws, by inserting after the first sentence the following sentence:— “Monies credited to the fund shall be expended by the council without further appropriation.”: in section 1, in subsection (a) of proposed section 19A of chapter 102 of the General Laws, in the first sentence, by striking out the figure “10” and inserting in place thereof the following figure “11”; and by inserting after the words “colonel of the state police” the following words:— “; 1 shall be the harbormaster of the city of Boston;” in section 3, by inserting after section 2, the following section:—
“Section 2A. Accused status offenders and non-offender juveniles shall not be detained in a secure detention facility or as otherwise prohibited by the purpose and intent of applicable state or federal laws.”; and in section 3, by striking out section 18.
There being no objection, 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. 2178, amended) was then ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill making appropriations for the fiscal year 2008 to provide funding to support pandemic preparation and response in the Commonwealth (Senate, No. 2259),— ought to pass, with an amendment substituting a new draft entitled “An Act relative to pandemic and disaster preparation and response in the Commonwealth” (Senate, No. 2775).
There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2775) was then ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill authorizing and directing the Division of Capital Asset Management to grant a sewer easement in certain land in the town of Belchertown to the town of Belchertown (Senate, No. 2355),— ought to pass, with an amendment in section 1, by striking out the last sentence and inserting in place thereof the following sentences:— “In order to mitigate the impact on the farmland, the Town shall pay the fair market value of this easement, as determined by independent appraisal, to the Department of Agricultural Resources Agricultural Mitigation Expendable Trust. The Department of Agricultural Resources shall use the payment for this easement for the acquisition or renovation of farmland near the site of the easement as practicable.”.
There being no objection, the rules were suspended, on motion of Ms. Candaras, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2355, amended) was then ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to water protection (Senate, No. 2491),— ought to pass, with an amendment substituting a new draft entitled “An Act relative to certain housing in the city of Peabody” substituting a new draft with the same title (Senate, No. 2776).
There being no objection, the rules were suspended, on motion of Mr. Baddour, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2776) was then ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to safety at the John Adams Courthouse (Senate, No. 2516),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2777).
There being no objection, the rules were suspended, on motion of Ms. Menard, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2777) was then ordered to a third reading.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill relative to homeowners insurance (Senate, No. 2639),— ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2778).
There being no objection, the rules were suspended, on motion of Mr. Panagiotakos, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2778) was then ordered to a third reading.

PAPERS FROM THE HOUSE.

A Bill designating a certain bridge in the towns of Marshfield and Scituate as the Francis R. Powers Memorial Bridge (House, No. 4809,— on petition),— was read.
There being no objection, the rules were suspended, on motion of Mr. Hedlund, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

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 The Judiciary shall be granted until Thursday, July 17, 2008, within which to report on House, Nos. 500, 1304, 1308, 1311, 1313, 1317, 1318, 1325, 1331, 1332, 1333, 1334, 1335, 1337, 1383, 1388, 1389, 1479, 1532, 1547, 1662, 1672, 1688, 1700, 1718, 1720, 1746, 1749, 3738, 3865, 3875, 3876, 3877, 3991 and 4476.

Order— Rejected.

The following House Orders (approved by the committees on Rules of the two branches, acting concurrently) was considered forthwith, as follows:
Ordered, that notwithstanding the provisions of Joint Rule 10, the joint committee on Bonding, Capital Expenditures and State Assets shall be granted until Monday, June 30, 2008, within which to report on House document numbered 159.
The order was rejected.

Recess.

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

At four minutes past four o’clock P.M., Mr. Tisei doubted the presence of a quorum; and, a count of the Senate determined that a quorum was not present.
Subsequently, at eight minutes past four o’clock P.M., Chair, Mr. Rosenberg declared that a quorum was present.


PAPERS FROM THE HOUSE.

Committee of Conference Report.

A report of the committee of conference on the disagreeing votes of the two branches, with reference to the Senate amendment to the House Bill improving tax fairness and business competitiveness (House, No. 4672) (amended by the Senate by striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2685), reported, in part, a “Bill relative to the cigarette excise and health care funding” (House, No. 4899),— came from the House,— and was read.
Senate Rule 36 was suspended, on motion of Ms. Menard, and the report was considered forthwith.
After debate, the question on accepting the report , in concurrence, was then determined by a call of the yeas and nays, at a quarter before five o’clock P.M., on motion of Ms. Chandler, as follows to wit (yeas 26 — nays 9) [Yeas and Nays No. 257]:

YEAS.
Antonioni, Robert A. McGee, Thomas M.
Augustus, Edward M., Jr. Menard, Joan M.
Berry, Frederick E. Montigny, Mark C.
Brewer, Stephen M. Moore, Richard T.
Buoniconti, Stephen J. Morrissey, Michael W.
Candaras, Gale D. O’Leary, Robert A.
Chandler, Harriette L. 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. Tolman, Steven A.
Jehlen, Patricia D. Walsh, Marian — 26.
NAYS.
Baddour, Steven A. Tarr, Bruce E.
Brown, Scott P. Timilty, James E.
Hedlund, Robert L. Tisei, Richard R.
Joyce, Brian A. Tucker, Susan C. — 9.
Knapik, Michael R.
ABSENT OR NOT VOTING
Creedon, Robert S., Jr. Resor, Pamela
Marzilli, Jim Wilkerson, Dianne — 4.

The yeas and nays having been completed at ten minutes before five o’clock P.M., the report was accepted, in concurrence.

Report of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the Senate Bill providing for the public higher education capital improvement needs of the Commonwealth (printed as House, No. 4538) (the committee on Bonding, Capital Expenditures and State Assets having recommended that the bill be amended by substituting a new draft, Senate, No. 2749),— reported, recommending that the committee on Bonding, Capital Expenditures and State Assets amendment be adopted and that the bill be further amended by substituting a new draft with the same title (Senate, No. 2779)
There being no objection, the rules were suspended, on motion of Mr. O’Leary, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill (Senate, No. 2779) was then ordered to a third reading.

Recess.

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

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted.

An engrossed Bill relative to intermunicipal agreements (see Senate, No. 2401), 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. Rosenberg) and sent to the House for enactment.

Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill relative to the cigarette excise and health care funding (see House, No. 4899), 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. Rosenberg) and sent to the House for enactment.
Subsequently, the bill, which originated in the House, 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. Rosenberg) and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Tarr,—

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 sixteen minutes past six o’clock P.M., the Senate adjourned to meet on the following Tuesday at one o’clock P.M.