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.


Seal of the Commonwealth of Massachusetts


Wednesday, July 11, 2007.

Met at nine minutes past one o’clock P.M.


A petition (accompanied by bill, House, No. 4131) of Vincent A. Pedone (with the approval of the mayor and city council) relative to the administration of the city of Worcester,— was referred, in concurrence, to the committee on Municipalities and Regional Government.


Authorizing the town of Belmont to establish another postemployment benefits trust fund (House, No. 1441,— on petition) [Local approval received];
Relative to the investment of trust funds for the city of Newton (House, No. 3951,— on petition) [Local approval received];
Authorizing the town of Orleans to lease certain town land (House, No. 3990,— on House, No. 3953) [Local approval received on House, No. 3953]; and
Authorizing the town of Westborough to grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises (House, No. 4049,— on House, No. 3944) [Local approval received on House, No. 3944];
Were severally read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

The Senator from Worcester, Hampden, Hampshire and Franklin, Mr. Brewer, offered the following prayer:

God, we pray today for all who labor in the service of this State. Bless Thou all of us together; the Governor in the position of leadership he holds; the Legislature as it considers the enactment of the laws for the Commonwealth; the courts as they administer justice; the departments as they administer the affairs of their offices; the law enforcement agencies and all who work in other capacities.

We ask today your blessings on the family of Senator-elect Anthony W. Petruccelli; his wife, Alessandra; his daughter, Alexa, and all his family and friends who share in their joy on this special day.

Grant that we may have the wisdom and integrity to do our work so well that the citizens of the State may have reason to speak well of their government. Amen.

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

Order Adopted.

On motion of Mr. Berry,—

Ordered, That a committee of the Senate be appointed to wait upon His Excellency the Governor, Deval L. Patrick, His Honor Timothy J. Murray, Lieutenant-Governor, Constitutional officers and the Honorable Council and inform them that the Senate is in session and awaits their presence for the swearing in of Anthony W. Petruccelli as Senator from the First Suffolk and Middlesex district.

Senators Rosenberg, Chandler, O’Leary, Baddour and Tarr were appointed to the committee.

Subsequently, Mr. Rosenberg, for the committee, reported, that His Excellency the Governor, Deval L. Patrick, His Honor the Lieutenant-Governor, Timothy P. Murray, A. Joseph DeNucci, Auditor of the Commonwealth and the Honorable Council would immediately attend upon the Senate.
The committee was discharged.

Soon after Deval L. Patrick, the Governor, Timothy P. Murray, the Lieutenant-Governor, A. Joseph DeNucci, Auditor of the Com­monwealth and the Honorable Council came into the Senate Chamber under the escort of the Sergeant-at-Arms.

The President then recognized several dignitaries in attendance: Boston Mayor Thomas M. Menino, Lieutenant-Governor Timothy P. Murray, Boston City Council President Maureen Feeney, members of the Boston City Council, Suffolk County District Attorney Dan Conley and State Auditor Joseph DeNucci.
Governor Deval L. Patrick briefly addressed the Senate.

The Honorable Anthony W. Petruccelli, at twenty-six minutes past one o’clock P.M., on Wednesday, July 11, 2007, before the Governor and Council, did take and subscribe the oath of office as State Senator from the First Suffolk and Middlesex District.

After taking the oath of office, Senator Petruccelli briefly addressed the Senate.

The Sergeant-at-Arms then proceeded to escort His Excellency the Governor, His Honor the Lieutenant-Governor, the Constitutional Officers and the Honorable Council from the Chamber.

Seat Assignment.

The President announced the assignment of Senator Anthony W. Petruccelli to seat number 9 on the President’s Left.


The Clerk read the following communication from the Secretary of the Commonwealth, to wit:


July 11, 2007.

To the Honorable Senate:

I have the honor to lay before you the returns of votes cast at the special election held in this Commonwealth on the twenty-sixth day of June, 2007, for Senator in General Court, 1st Suffolk and Middlesex District, together with schedules showing the number of ballots which appear to have been cast for each person voted for.

These returns have been duly canvassed by the Governor and Council, and are now transmitted for examination by the Senate, as required by the Constitution.

Very truly yours,
Secretary of the Commonwealth.


(to fill vacancy)

Anthony Petruccelli of Boston (Democrat) has 2,236 votes

All others 131 "
Blanks 61 "
Total Votes Cast 2,428 "

Order Adopted.

On motion of Ms. Menard,—

Ordered, That the returns of votes for Senator to fill a vacancy in the First Suffolk and Middlesex district be referred to a special committee to consist of three members of the Senate.

Senators Augustus, Spilka and Tarr were appointed the committee.
Subsequently, Mr. Augustus, for the committee, reported, that from an examination of the returns, it appears the Honorable Anthony W. Petruccelli of Boston had been duly elected to said district.
The report was read and accepted.


The House Bill relative to amending the law providing incentives to the motion picture industry (House, No. 4084, amended),— came from the House with the endorsement that the House had concurred in the Senate amendment with a further amendment striking out all after the enacting clause and inserting in place thereof the text of House document numbered 4130.
The rules were suspended, on motion of Ms. Creem, and the House further amendment was considered forthwith.

Ms. Creem moved that the Senate concur with the further House amendment with a still further amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2288.
The amendment was adopted.
Sent to the House for concurrence in the still further amendment.

Order Adopted.

On motion of Mr. Petruccelli,—

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 Mr. Tisei, at sixteen minutes before two o’clock P.M., the Senate adjourned to meet on the following day at eleven o’clock A.M.