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, July 7, 2008.

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

Petition.

A petition (accompanied by bill, Senate, No. 2786) of James E. Timilty, John H. Rogers, Louis L. Kafka and Richard J. Ross (by vote of the town) for legislation to establish the Walpole Economic Development and Industrial Corporation [having been returned by the Secretary of the Commonwealth under Section 5 of Chapter 3 of the General Laws, with memorandum relative thereto] [Local approval received],— was referred to the committee on Economic Development and Emerging Technologies.
Sent to the House for concurrence.

Report of a Committee.

By Ms. Creem, for the committee on Revenue, on petition, a Bill relative to property tax exemptions for registered affordable accessory apartments in the town of Harvard used as affordable housing (Senate, No. 2233) [Local approval received];
Read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

PAPERS PROM THE HOUSE.

Petitions were referred, in concurrence, as follows:
Petition (accompanied by bill, House, No. 4936) of Sean Garballey (by vote of the town) that the town of Arlington be authorized to grant additional licenses for the sale of alcoholic beverages to be drunk on the premises; and
Petition (accompanied by bill, House, No. 4937) of Harold P. Naughton, Jr., and Karyn E. Polito (by vote of the town) that the town of Northborough be authorized to issue an additional license for the sale of alcoholic beverages to be drunk on the premises to Korean-BBQ Kitchen;
Severally to the committee on Consumer Protection and Professional Licensure.

Petition (accompanied by bill, House, No. 4938) of Sean Garballey (by vote of the town) relative to affordable housing covenants in the town of Arlington;
To the committee on Housing.
Petition (accompanied by bill, House, No. 4939) of Sean Garballey (by vote of the town) that the town of Arlington be authorized to establish Arlington Redevelopment Board;
Joint petition (accompanied by bill, House, No. 4940) of Denis E. Guyer and Benjamin B. Downing (by vote of the town) for legislation to provide for appointment of the treasurer and the tax collector of the town of Becket;
Petition (accompanied by bill, House, No. 4941) of David Paul Linsky (by vote of the town) relative to the water commissioners of the town of Sherborn;
Petition (accompanied by bill, House, No. 4942) of Jeffrey Davis Perry (by vote of the town) that the town of Sandwich be authorized to lease certain land at Sandwich High School;
Petition (accompanied by bill, House, No. 4943) of James R. Miceli (by vote of the town) that the town of Tewksbury be authorized to lease certain land at the Tewksbury Hospital;
Petition (accompanied by bill, House, No. 4944) of Karyn E. Polito and others (by vote of the town) relative to the town manager in the town of Westborough; and
Petition (accompanied by bill, House, No. 4945) of Timothy J. Toomey, Jr., and others (with the approval of the city council) authorizing a long term lease between the city of Cambridge and the Mount Auburn Memorial Post No. 8818, Veterans of Foreign Wars, Inc.;
Severally to the committee on Municipalities and Regional Government.

Communications.

The Clerk read the following communications:

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

July 3, 2008.

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

Dear Mr. Clerk:

I was unable to attend the Senate session on July 3, 2008. Had I been present, I would have voted in favor of the following:

Accepting the fiscal year 2009 budget Conference Committee report, H. 4900
Enactment of H. 4900

I respectfully request that a copy of this letter be printed in the Senate Journal as part of the official record for July 3, 2008. Thank you in advance for your attention to this important matter.

Sincerely,
Frederick E. Berry,
Majority Leader.

On motion of Ms. Menard, 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 02132-1053

July 7, 2008.

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

Dear Mr. Clerk:

On Thursday July 3, 2008 I was unable to attend Formal Session due to a time conflict with the funeral of a close family friend who passed away tragically in a motor vehicle accident.

Therefore, I was not present for the roll call vote on House Bill No. 4900, the Conference Committee report on the General Appropriations Bill. Had I been present, I would have voted in the affirmative.

I would appreciate your assistance with the printing of this communication in the Senate Journal.

With every good wish,
JAMES E. TIMILTY,
Bristol and Norfolk.

On motion of Ms. Jehlen, the above communication was ordered printed in the Journal of the Senate.

Reconsideration.

Ms. Jehlen moved that the Senate reconsider the vote by which, at the previous session it had passed to be engrossed the Senate Bill exempting a certain structure from certain harbor lines in the South Boston section of the city of Boston (Senate, No. 501).
The motion prevailed.
Pending the recurring question on passing the bill to be engrossed, Mr. Hart moved that the bill be amended in section 1, by striking out, in lines 4 and 5, the words “, together with walkways and a docking facility, to be located in whole or in part within” and inserting in place thereof the following words:— “or a floating barge secured by piles, together with walkways and a docking facility, to be located in whole or in part beyond”.
This amendment was adopted.
The bill (Senate, No. 501, amended) was then passed to be engrossed.
Sent to the House for concurrence.

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 to reduce unwanted communications from creditors to protect the peace and privacy of residents (Senate, No. 184),— 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.

The Senate Bill relative to interest rates to be charged upon apportioned betterment assessments in the town of Wareham (Senate, No. 2158),— was read a third time and passed to be engrossed.
Sent to the House for concurrence.

The House Bill establishing a post-retirement group health insurance trust fund in the town of Concord (House, No. 4421) (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.

The House Bill exempting the position of deputy fire chief in the town of Hingham from the civil service law (House, No. 4496),— was read a third time and passed to be engrossed, in concurrence.

The House Bill authorizing the town of Reading to place a question on the ballot relative to the granting of licenses for the sale of all alcoholic beverages to certain restaurants (House, No. 4737) (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.

PAPERS FROM THE HOUSE.
Engrossed Bills.

The following engrossed bills (both 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. Hart) and laid before the Governor for his approbation, to wit:
Establishing the Bristol County Commission on the status of women (see Senate, No. 1172); and
Authorizing the town of Sandwich to grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises (see Senate, No. 2524).

Engrossed Resolve.

An engrossed Resolve providing for an investigation and study by a special commission relative to the establishment of a statewide law enforcement training program (see Senate, No. 1342, amended) (which originated in the Senate),— having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed and was signed by the Acting President (Mr. Hart) and laid before the Governor for his approbation.

A joint petition (accompanied by bill, House, No. 4946) of Antonio F. D. Cabral and others for legislation to regulate the release and parole of sex offenders and increasing the penalties for certain violations by such sex offenders,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on the Judiciary.

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 Senate 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),— was read a second time, 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 relative to the appointment of the fire chief and the board of commissioners in the city of Fall River”.
Sent to the House for concurrence.

Order Adopted.

On motion of Ms. Menard,—

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow 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 twenty-five minutes past eleven o’clock A.M., the Senate adjourned to meet on the following day at eleven o’clock A.M.