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, July 8, 2008.

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

Reports.

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 Dukes County Jail and House of Correction (received Tuesday, July 8, 2008),— was read and sent to the House for its information.

A report of the Division of Health Care Finance and Policy (under the provisions of Section 127 of Chapter 58 of the Acts of 2006) submitting its report entitled Comprehensive Review of Mandated Benefits in Massachusetts Report to the Legislature (received Tuesday, July 8, 2008),— was placed on file.

Petitions.

Petitions were presented and referred as follows:
By Ms. Fargo, a petition (accompanied by bill, Senate, No. 2789) of Susan C. Fargo and Cory Atkins (by vote of the town) for legislation to authorize the town of Concord to send certain information to registered voters in the town of Concord [Local approval received];
Under Senate Rule 20, to the committee on Election Laws.
By Mr. Brewer, a petition (accompanied by bill, Senate, No. 2788) of Stephen M. Brewer and Christopher J. Donelan (by vote of the town) for legislation relative to the appointment of the board of assessors, town collector and town treasurer in the town of Orange;
Under Senate Rule 20, to the committee on Municipalities and Regional Government.
Severally sent to the House for concurrence.

PAPERS FROM THE HOUSE.
Reports

Of the committee on House Steering, Policy and Scheduling, asking to be discharged from further consideration of the House Bill to prevent the sharing of prescription data (House, No. 1005),— and recommending that the same be referred to the committee on Public Health;
Of the committee on Public Service, asking to be discharged from further consideration of the 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,— and recommending that the same be referred to the committee on Municipalities and Regional Government;
Were severally considered forthwith, under Senate Rule 36, and accepted, in concurrence.

Order Adopted.

Mr. Morrissey offered the following order, to wit:
Ordered, That notwithstanding the provisions of Joint Rule 10 the committee on Consumer Protection and Professional Licensure be granted until Friday, July 18, 2008 in which to make its final report on Senate document 2256, relative to alcoholic beverage licenses in the city of Somerville.
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 Ms. Menard, and the order was considered forthwith and adopted.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.
Engrossed Bill.

An engrossed Bill relative to the appointment of the fire chief and the board of commissioners in the city of Fall River (see Senate, No. 2722) (which originated in the Senate),— 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 Acting President (Mr. Petruccelli) and laid before the Governor for his approbation.

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 Election Laws shall be granted until Wednesday, July 9, 2008, within which to report on House, No. 705.

Recess.

There being no objection, at eight minutes past eleven o’ clock A.M., the Chair (Mr. Petruccelli) declared a recess subject to the call of the Chair; and, at twenty-two minutes past three o’clock P.M., the Senate reassembled, Ms. Spilka in the Chair (having been appointed by the President under authority conferred in Senate Rule 4 to perform the duties of the Chair).

Communications.

The Clerk read the following communications:

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

July 8, 2008.

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

Dear Mr. Clerk:

On Monday June 30, 2008, I was absent from the Senate floor due to a medical emergency. I missed four roll calls.

1. Senate 2674 AN ACT AUTHORIZING THE DEPARTMENT OF FISH AND GAME TO ACQUIRE A CONSERVATION RESTRICTION ON LANDS OF THE CITY OF WESTFIELD.
2. House 4164 AN ACT AUTHORIZING THE CITY OF BROCKTON TO CONVEY CERTAIN PARK LAND.
3. House 4740 AN ACT AUTHORIZING THE DEPARTMENT OF FISH AND GAME TO ACQUIRE A CONSERVATION RESTRICTION ON LAND OF THE TOWN OF HANSON.
4. House 4672 AN ACT IMPROVING TAX FAIRNESS AND BUSINESS COMPETITIVENESS.

Had I been present, I would have voted in the affirmative on all four bills.

I would respectfully request that this letter be published in the Senate Journal as part of the official record. Thank you in advance for your assistance in this matter.

Sincerely,
DIANNE WILKERSON,
State Senator,
Second Suffolk Distict.

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

July 8, 2008.

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

Dear Mr. Clerk:

On Thursday July 3, 2008, I was absent from the Senate floor due to a matter of significant importance to my district.

I missed a roll call at twenty-four minutes past one o’clock P.M. relative to enacting

H 4900 AN ACT 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.

Had I been present, I would have voted in the affirmative.

I would respectfully request that this letter be published in the Senate Journal as part of the official record. Thank you in advance for your assistance in this matter.

Sincerely,
DIANNE WILKERSON,
State Senator,
Second Suffolk District.

On motion of Mr. Tarr the several above communications were ordered printed in the Journal of the Senate.

Reports of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Richard K. Ward III, an employee of the department of correction (House, No. 4819),— ought to pass, with an amendment by inserting at the end thereof the following sentence:— “Sick leave bank days may not be used for absences unrelated to the illness or disability that necessitated the establishment of the sick leave bank 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.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing a sick leave bank for Shannon Crouse, an employee of the Trial Court (House, No. 4866 amended),— ought to pass, with an amendment by inserting at the end thereof the following sentence:— “Sick leave bank days may not be used for absences unrelated to the illness or disability that necessitated the establishment of the sick leave bank 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.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill establishing and funding the Massachusetts Broadband Institute (House, No. 4864, amended),— ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2791; and by striking out the emergency preamble and inserting in place thereof the following emergency preamble:
“Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish and fund the Massachusetts Broadband Institute, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”.
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.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill financing improvements to the Commonwealth’s transportation system (House, No. 4846),— ought to pass, with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2790.

Order Adopted.

Mr. Panagiotakos offered the following order, to wit:

Ordered, That notwithstanding Senate Rule 7 or any other rule to the contrary, the House Bill financing improvements to the Commonwealth’s transportation system (House, No. 4846) as reported by the committee on Ways and Means with a new text (Senate, No. 2790), shall be placed in the Orders of the Day for consideration of its second reading on Thursday, July 10, 2008.
All amendments to the bill shall be filed electronically in the office of the Clerk of the Senate no later than 4:00 P.M. on Wednesday, July 9, 2008. All such amendments shall be second reading amendments, but further amendments in the third degree to such amendments shall be in order. The Clerk shall further specify the procedure and format for filing all amendments, consistent with this order.
After the bill as amended is ordered to a third reading, it shall immediately be read a third time and the question shall then immediately be on passing it to be engrossed, and no amendments shall be in order at the third reading of the bill unless recommended by the committee on Bills in the Third Reading.
Under the rules, referred to the committee on Ethics and Rules.
Subsequently, Mr. Downing for the said committee, reported, recommending that the order ought to be adopted.
The rules were suspended, on motion of Mr. Tarr, and the order was considered forthwith and adopted.
Subsequently House, No. 4846 was placed in the Orders of the Day for the next session with the recommended Ways and Means new text (Senate, No. 2790) pending.

Report 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 Municipalities and Regional Government, ought NOT to pass (under Joint Rule 10) on the petition (accompanied by bill, Senate, No. 2720) of Brian A. Joyce, William C. Galvin and Marian Walsh for legislation to designate a certain education center on Chickatawbut Hill in Milton as the Norman Smith Environmental Education Center at Chickatawbut Hill.
On motion of Mr. Tarr the petition was recommitted to the Joint Committee on Municipalities and Regional Government.

PAPERS FROM THE HOUSE.
Engrossed Bills.

The following engrossed bills (the first 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 (Ms. Spilka) and laid before the Governor for his approbation, to wit:
Relative to intermunicipal agreements (see Senate, No. 2401);
Establishing a post-retirement group health insurance trust fund in the town of Concord (see House, No. 4421);
Exempting the position of deputy fire chief in the town of Hingham from the civil service law (see House, No. 4496); and
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 (see House, No. 4737).

Order Adopted.

On motion of Mr. Tarr,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday next at one o’clock P.M., in a full formal session.

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