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, July 3, 2008.

Met at two minutes past eleven o’clock A.M. (Mr. Rosenberg in the Chair).

Distinguished Guest.

There being no objection, the President handed the gavel to Mr. Joyce for the purpose of an introduction. Mr. Joyce then introduced, seated in the Senate gallery, George Berdos. Mr. Berdos is a member of the Business and Industrial Commission in Randolph, Massachusetts. The Senate welcomed him with applause and he withdrew from the Gallery.

Communication.

A communication from Joseph A. Curtatone, Mayor of the City of Somerville submitting the DCR Exchange Plan referred to in current Senate Bill No. 2705 (received Wednesday, July 2, 2008),— was placed on file.

Reports.

The following reports were severally read and placed on file:
A report from the Massachusetts Housing and Shelter Alliance (pursuant to line item 4406-3010 of the FY07 state budget, Chapter 139 of the Acts of 2006) submitting its Progress Report June 2008 (received Tuesday, July 1, 2008);
A report of the Public Employee Retirement Administration Commission (under the provisions of Chapter 32 of the General Laws) submitting a copy of its annual report for 2007 (received Tuesday, July 1, 2008);
A report of the Division of Health Care Finance and Policy (pursuant to Section 38C of Chapter 3 of the General Laws) submitting its report Review and Evaluation of Proposed Legislation Entitled: “An Act Relative to Mental Health Parity” House Bill No. 4423 (received Wednesday, July 2, 2008); and
A report of the Advisory Board on Compensation (pursuant to Section 5 of Chapter 140 of the Acts of 2007) submitting its report regarding the adequacy of compensation of officials, along with recommendations (received Monday, June 23, 2008).

Petition.

Mr. Antonioni presented a petition (subject to Joint Rule 12) of Robert A. Antonioni, Jennifer L. Flanagan, Robert L. Rice and Stephen L. DiNatale for legislation to designate the Fitchburg District Courthouse as the Gelinas Courthouse,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

Report of a Committee.

By Ms. Fargo, for the committee on Public Health, on the recommitted petition (accompanied by bill, Senate, No. 1211), a Bill relative to surgical technology (Senate, No. 2782);
Referred, under Joint Rule 1E, to the committee on Health Care Financing.

PAPERS FROM THE HOUSE.

A 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 action taken at the special town election held in the town of Oak Bluffs (House, No. 4932),— was referred, in concurrence, to the committee on Election Laws.

A petition (accompanied by bill, House, No. 4931) of Brian A. Joyce (by vote of the town) relative to the appointment of alternate members to the historical commission of the town of Canton by the board of selectmen of said town,— was referred, in concurrence, to the committee on Municipalities and Regional Government.

Bills
Establishing a sick leave bank for Shannon Crouse, an employee of the Trial Court (House, No. 4866, amended,— on petition); and
Providing employees at state and community colleges holding special state police officer powers with line of duty death benefits (House, No. 4933,— on House, No. 4797);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill authorizing the town of Bellingham to establish certain revolving funds (House, No. 4173,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

A report of the committee on Public Health, asking to be discharged from further consideration of the petition (accompanied by bill, House, No. 4744) of Thomas J. Calter and others for legislation to further regulate the practice of psychotherapy, and recommending that the same be referred to the committee on Consumer Protection and Professional Licensure,— was considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Recess.

There being no objection, at three minutes past eleven o’clock A.M., the Chair (Mr. Rosenberg), declared a recess subject to the call of the Chair; and, at nineteen minutes before twelve o’clock noon, the Senate reassembled, the President in the Chair.

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

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 Bruce E. Tarr and Bradford Hill for legislation to authorize the transfer of land in Hamilton and Manchester-by-the-Sea.
Senate Rule 36 was suspended, on motion of Mr. Tarr, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Municipalities and Regional Government.
Sent to the House for concurrence.

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 making appropriations for the fiscal year 2009 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (House, No. 4701) (Amended by the Senate by striking out all after the enacting clause and inserting in place thereof the text contained in Senate document numbered 2714), reported, in part, a “Bill making appropriations for the fiscal year 2009 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements” (House, No. 4900),— came from the House, and was read.
Senate Rule 36 was suspended on motion of Ms. Menard, and the report was considered forthwith. The question on accepting the report, in concurrence, was determined by a call of the yeas and nays, at twenty-eight minutes before one o’clock P.M., on motion of Mr. Panagiotakos, as follows, to wit (yeas 29 — nays 5) [Yeas and Nays No. 264]:

YEAS.
Antonioni, Robert A. Fargo, Susan C.
Augustus, Edward M., Jr. Galluccio, Anthony D.
Baddour, Steven A. Hart, John A., Jr.
Brewer, Stephen M. Jehlen, Patricia D.
Buoniconti, Stephen J. Joyce, Brian A.
Candaras, Gale D. McGee, Thomas M.
Chandler, Harriette L. Menard, Joan M.
Creedon, Robert S., Jr. Montigny, Mark C.
Creem, Cynthia Stone Moore, Richard T.
Downing, Benjamin B. Morrissey, Michael W.
Pacheco, Marc R. Tolman, Steven A.
Panagiotakos, Steven C. Tucker, Susan C.
Petruccelli, Anthony Walsh, Marian
Rosenberg, Stanley C. Wilkerson, Dianne — 29.
Spilka, Karen E. 
NAYS.
Brown, Scott P. Tarr, Bruce E.
Hedlund, Robert L. Tisei, Richard R. — 5.
Knapik, Michael R.
ABSENT OR NOT VOTING.
Berry, Frederick E. Resor, Pamela
Marzilli, Jim Timilty, James E. — 5.
O’Leary, Robert A.

The yeas and nays having been completed at twenty-three minutes before one o’clock P.M., the report was accepted, in concurrence.

Emergency Preamble Adopted.

An engrossed Bill making appropriations for the fiscal year 2009 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (see House, No. 4900), 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 9 to 0.
The bill was signed by the President and sent to the House for enactment.

Engrossed Bill— Land Taking for Conservation, Etc.,— State Loan.

An engrossed Bill making appropriations for the fiscal year 2009 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirement, and for certain permanent improvements (see House, No. 4900) (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 and other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution; and, this being a bill that provided for the borrowing of money, in accordance with the provisions of Section 3 of Article LXII 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 one o’clock P.M., as follows, to wit (yeas 28 — nays 5) [Yeas and Nays No. 265]:

YEAS.
Antonioni, Robert A. Fargo, Susan C.
Augustus, Edward M., Jr. Galluccio, Anthony D.
Baddour, Steven A. Hart, John A., Jr.
Brewer, Stephen M. Jehlen, Patricia D.
Buoniconti, Stephen J. Joyce, Brian A.
Candaras, Gale D. McGee, Thomas M.
Chandler, Harriette L. Menard, Joan M.
Creedon, Robert S., Jr. Montigny, Mark C.
Creem, Cynthia Stone Moore, Richard T.
Downing, Benjamin B. Morrissey, Michael W.
Pacheco, Marc R. Spilka, Karen E. 
Panagiotakos, Steven C. Tolman, Steven A.
Petruccelli, Anthony Tucker, Susan C.
Rosenberg, Stanley C. Walsh, Marian— 28.
NAYS.
Brown, Scott P. Tarr, Bruce E.
Hedlund, Robert L. Tisei, Richard R. — 5.
Knapik, Michael R.
ABSENT OR NOT VOTING.
Berry, Frederick E. Resor, Pamela
Marzilli, Jim Timilty, James E.
O’Leary, Robert A. Wilkerson, Dianne — 6.

The yeas and nays having been completed at twenty-eight minutes past one 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 President and laid before the Governor for his approbation.

Order Adopted.

On motion of Ms. Menard,—

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.

Moment of Silence.

At the request of the President, the members, guests and employees stood in a moment of silence and reflection to the memory of Master Sergeant Shawn Simmons.

Adjournment in Memory of Master Sergeant Shawn Simmons.

The Senator from Middlesex and Norfolk, Ms. Spilka, requested that when the Senate adjourns today, it adjourn in memory of Master Sergeant Shawn Simmons of Ashland, Massachusetts.

Master Sergeant Simmons died on June 28, at age 39, when his vehicle rolled into a riverbed while he and other members of his battalion were conducting a patrol. Master Sergeant Simmons was on his second tour of duty in Afghanistan since May 2008. He volunteered for the Army in February 1992 and earned the Green Beret in 1999. He received several awards and decorations including the Meritorious Service Medal, two Army Commendation Medals and the National Defense Service Medal, He is survived by his wife, Tricia, daughter, son, and mother.

Accordingly, as a mark of respect to the memory of Master Sergeant Shawn Simmons, at a half past one o’clock P.M., on motion of Mr. McGee, the Senate adjourned to meet again on Monday next at eleven o’clock A.M.